HomeMy WebLinkAboutMiscellaneous01/31/95 10:24 ^0409 764 3452 COLL STA PUB UTL ~-~~ COLL STA UTILITY 0 002
PROJECT REVIEW COMMITTEE-2-1-95
PARKING LpT PLAN-CARE-PLUS OPTOMETRIST OFFICE
THE ELECTRICAL SERVICE WILL BE PROVIDED FROM THE EXISTING TRANSFORMER
WHICH IS LOCATED AT THE NORTHWEST CORNER OF THE PROPERTY.THE
CUSTOMER WILL BE REQUIRED TO SUPPLY CONDUIT FROM THE NEW BUILDING TO
THE EXISTING TRANSFORMER.THE SIZE OF CONDUIT WILL BE DETERMINED WHEN
LOAD INFORMATION IS AVAILABLE. THE VOLTAGE SUPPLIED TO THIS BUILDING WILL
BE 277/480 VOLT
THE CUSTOMER WILL CONTRIBUTE 2t}% OF THE COST OF SUPPLYING ELECTRICAL
SERVICE. '
PARKING LOT PLAN~OUTHWOOD VALLEY TURF
THE ELECTRICAL SERVICE WILL BE SUPPLIED FROM THE FRONTAGE RD OF HWY
6.THE CUSTOMER WILL SUPPLY CONDUIT FROM THE METERING POINT TO THE POLE
OUT ON HWY 6. SIZE OF CONDUIT WILL BE DETERMINED LATER.
THE CUSTOMER WILL CONTRIBUTE 2d% OF THE COST OF SUPPLYING ELECTRICAL
SERVICE.
PRELIMINARY PLAT-EDELWEISS ESTATES PHASE FIVE
WE NEED TO DISCUSS THE PROVIDING ELECTRIAL SERVICE TO FUTURE RESIDENTIAL
AN®COMMERCtAL ALONG WELBORNE. THIS COULD MEAN SUPPLYING CONDUIT
DOWN THE NEW STREET OR GOING THROUGH THE COTTAGES
LECOUR SUBDIVISfON
WE NEED A 10 FT EASEMENT ALONG THE FRONTAGE
E Cl1
,: )-
~~ ~/
Interoffice Memo
To: Sabine Kuenzel, Planning Division
From: Jim Smith, Sanitation Division ~'w~~ ~~~ --
Date: January 26, 1995
Subject: Review of Project Review Committee Agenda; February 1, 1995
I want to make some comments on the site plans scheduled for review on February 1.
1. Parking Lot Plan; Care Plus Optometrist Office -
This site plan is OK as designed. However, with the conversion of our system to FEL, I anticipate that
this location and the adjacent building (Care Plus) will be converted to FEL and will share a large
container to be located behind the old Care Plus building where the large automated container is now
located.
2. Southwood Valley Turf -
This site plan is fine. However, this location will also be converted to FEL in the Spring. The container
location will be the same. Screening will be provided by the existing portable building. If, however, this
building is removed or re-located in the future, screening must be provided.
3. Edelweiss Estates Phase Five -
No comments on this item.
4. La Cour Subdivision -
No comments on this item.
These are my comments for these site plans. Please contact me if you have any questions.
sabinel/js
01i27i95 13:56 GTE ENGINEERING ERYAN af~3
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SUBMIT APPLICATION AND THIS
LIST CHECKED-0FF WITH 16
FOLDED COPIES OF SITE PLAN FOR REVIEW
REQUIREMENTS FOR SITE PLAN PROPOSALS
awl 1. Sheet size - 24" x 36"
0~. 2. Title block to include:
a.) Name, address, location, and legal description
b.) Name, address, and telephone number of applicant
c.) Name, address, and telephone number of developerlowner
d.) Name, address, and telephone number of architecdengineer
e.) Date of submittal
0 3. Ownership and current zoning of parcel and all abutting parcels.
^' 4. A key map (not necessarily to scale).
^ 5. Scale should be largest standard engineering scale possible on sheet.
^'` 6. Provide a north arrow.
7. Topography, final grading plan, and other pertinent drainage information. (If plan has too much
information, show drainage on separate sheet.)
0 8. All existing streets, drives, buildings, and water courses on or adjacent to the proposed project site.
^ 9. Locate 100 yr floodplain on or adjacent to the proposed project site, note if there is none on the site.
°`r 10. Location and size of existing utilities within or adjacent to the proposed project site.
^ 1 1. Proposed location, type, and size of the following:
'` a.) Buildings and structures
b.) Off-Street parking areas with parking spaces drawn, tabulated, and dimensioned
c.) Sidewalks
d.) Common open space sites
e.) Sites for solid waste containers
^ 12. Proposed streets, drives, and curb cuts. For each proposed curb cut (including driveways, streets,
alleys, etc.) locate existing curb cuts on the same and opposite side of the street to determine separation
distances between existing and proposed curb cuts. Indicate driveway throat length as measured m the
Driveway Ordinance. (See Ordinance 1961 for driveway location and design requirements.)
^ 13. The total number of residential buildings and units to be constructed on the proposed project site.
^ 14. Landscape plan as required in Section 11 of the Zoning Ordinance (See Ordinance # 1638.) The
landscaping plan can be shown on a separate sheet if too much information is on the original site plan.
Attempt to reduce or eliminate plantings in easements. Include information on the plan such as:
a) existing landscaping to remain
b) required point calculations
c) proposed new plantings with points earned
^ 15. Indicate unit type (number of bedrooms).
^ 16. The density of dwelling units per acre of the proposed project.
^ 17. The gross square footage of buildings and the proposed use of each building.
^ 18. The total site area and percent of building coverage of site.
^ 19. Designate number of parking spaces required by ordinance and provided by proposal.
^ 20. Show dimensions to size and locate all structures, parking spaces, drives, curb cuts, parking islands, and
setbacks.
^ 21. Are there impact fees associated with this development?
The following are typical standards for Plan Development established by Ordinance or Policy:
^ 1. Building separation is a minimum of 15 feet.
^ 2. Building setbacks are outlined in Ordinance 1638, Zoning Ordinance,
Table A (Sec. 7, P. 30)
^ 3. Minimum parking space is 9' X 20', or on a perimeter row, 9' x 18' with a 2' overhang. All multi-family
parking lots must be screened from rights-of way.
^ 4. Minimum drive width is 23' with head-in parking or 20' without parking.
^ 5. Landscaped islands of 6" raised curb are located at both ends of each parking row.
^ 6. Landscaped islands are also located every 15 spaces or interior rows and every 20 spaces on perimeter
rows. Strcetscape compliance is required which involves special plantings along certain specified in the
City's Streetscape Plan.
^ 7. A 6" raised curb is required around all edges of all parts of all paved areas without exception. (To
include islands, planting areas, access ways, dumpster locations, utility pads, etc.) Curb detail to be
approved by City En ig Weer. No exceptions will be made for areas designated as "reserved for future
parking".
^ 8. Wheelstops may be required on interior rows longer than 10 spaces or in special situations.
^ 9. Sidewalks are required at time of development if property has frontage on a street shown on the
sidewalk Master Plan or if the Project Review Committee determines the necessity. (Refer to Section
10.2 of the Zoning Ordinance).
^ 10. Director of Public Services determines number, and size of dumpsters. Locations shall be such that
dumpsters are not visible from streets. Gates are discouraged and visual screening may be required.
^ 11. Parking islands are 9' X 20 ; or 180 square feet.
^ 12. Healthy, native trees over 6" in caliper should be retained whenever possible.
^ 13. Fire lanes of a minimum of 20 feet in width with a minimum height clearance of 14 feet must be
established if any structure of any type is more than 150 feet from a public street or highway.
^ 14. Any structure in any zoning district other than R-1, R-1A, or R-2 must be within 300 feet of a fire
hydrant as measured along a public street or highway.
^ 15. Fire hydrants must be located on the same side of a major street as a project, and shall be in a location
approved by the Fire Marshal's office and the Superintendent of Water and Sewer.
^ 16. Fire hydrants must be operable and accepted by the City and drives must have an all weather surface
before a building permit can be issued.
^ 17. A raised island not less than 6" in height and not less than 8' in width shall separate parking areas from
public rights-of--way. Eight foot setback from R.O.W. to curb of parking lot.
iiESTER ENG6NEERINC CMPANY
7607 Eastmark Drive Suite 250
COLLEGE STATION, TEXAS 77840
P9i0NE (409) 693-1100 FAX (409) 696-2143
T®
~ ylbE ARE SEN®ING Y®lJ --~7 Attached ^ lJnder separate cover via_
^ Shop drawings ^ Prints ^ Plans
^ Copy ®# letter ^ Change order ^
~~~~~~ O~ ~QQ~~~~~~Q~
DATE JOB NO.
_ A.~'['ENTION
RE:
~
.,.-..P
~-. -L ( ~~A
the following items:
^ Samples ^ Specifications
C®PY 7® .
g~ 40 % Pre-Consumer Content = 10 % Post-Consumer Content SIG N E®~~ ~~'`~-~
ri enclnsures ara not as noted, kindle notify pus at once.
Printed by Sabina Kuenzel 12/27/94 9:30am
---------------------------------------
From: Sabina Kuenzel
i o:
Cameron Reynolds, Caihy Locke,
Jane Kee, Jim Callaway,
MaryMargei Sexton, Tom Brymer
Subject: fwd: jerry moody
===NOTE====______=====12/21/94=11:45am=
hold the phone - i've been trying to
call jerry and finally qot in touch
with him just now - he has assured me
that he has secured the buff°s site and
is working with mike hester to gel o
site plan m here. i told him to qet
mike to call me to work out deadlines.
Fwd=by:=Tom=Brymer====12/21 /94=11:55am=
fwd lo: Sabina Kuenzel
.......................................
Way to go Sabina! Slay with him and
make him keep his word.
Thanks forihe update.
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TO:
• CITY OF COLLEGE STATIOI`I
LEGAL DEPARTMENT
POST OFFICE BOX 9960 7101 TEXAS AVENUE
CpLLEGE STATION, TEXAS 77842-9960
(409) 7643507
MEMORANDUM
~ /~ ,.
FROM: Cathy Locke, City Attorney
RE:
(tea
DATE:
Your request has been received by the Legal Department. We have numerous
requests pending at thin time. In order to accomplish all the work we have, it will be
necessary for us to prioritize departmental requests. As of this time, the status of your
request is as follows:
Your request has not been assigned to an attorney, but will be assigned as soon
as possible.
~' Your request has been assigned to ~
If the attorney needs more information, you ill be c n acted.
If you feel that the Legal Department needs more information to prioritize your request,
please make sure that information is noted on the request or provide further written
support.
We will provide. you with the legal support you requested as soon as possible. Please
understand that there are numerous competing needs.
CL:di
cc:
03/09/84
di/c/winword/form
js/c/farms/assist
04/06/94
js/c/forms/assist
04/06/94
;~
Apri16, 1994
Mr. Jerry Moody
Southwood Valley Turf
3312 Texas Avenue
College Station, TX 77840
RE: Zoning Ordinance violation at 3312 Texas Avenue
Dear Mr. Moody,
)
DRAFT
I am writing on this date to follow up on the meeting. that you had with several of the City staff
regarding your business, and to inform you of the process we must take at this point.
The following history of activities has been compiled from our records:
- May 30, 1990: The Project Review Committee met to discuss the continuation of a temporary
turf grass business and to allow the replacement of a portable building. At that time, this business
had been in operation for seven (7) years. The PRC determined that full ordinance requirements
would have to be met if there were any changes or expansion to the site. The Committee also
determined that staff would allow the continuation of the business as submitted on a subsequent
site plan. This plan showed the temporary office building on Lot 5, Block 17, .Southwood Valley
Section 4-B. Lot 6 immediately to the south was also included to reflect some turf sales and
storage.
- November 8, 1993 Shirley Volk, Jane Kee, Sabine Kuenzel, and Jerry Moody met to discuss
reported expansions to this business. At that meeting, Mr. Moody indicated that he is now selling
other materials and not just turf. A site inspection conducted by staff had shown that the business
had grown from Lots 5 and 6 to include Lots 2, 3, and 4. At this point, staff requested that a full
site plan be submitted that would show compliance with paved parking, landscaping, and
screening requirements. A Drainage Development Permit must also be sought.
At this time, I must inform you that no site plan has been received by this office. You are
therefore in violation of Ordinance No. 1638, the Zoning Ordinance of the City of College
Station. Section 10 of that ordinance requires the following:
Prior to any activity on the ground for any parcel of land to be utilized for other than single
family or duplex development ... and applicant must obtain site plan approval under this section.
No such development shall be lawful or permitted to proceed without final site plan approval.
,-~.,
If no site. plan has been received at the end of 15 days following receipt of this letter, all business
activities at this location must cease.
If you have any questions regarding this matter, please call me. I have included a site plan review
checklist for information regarding site plan requirements.
Sincerely,
Sabine Kuenzel
Staff Planner
cc: City Attorney's Office
Jane Kee
Shirley Volk
February 7, 1994 ~ ~~,~
~~
Mr. Jerry Moody
Southwood Valley Turf
3312 Texas Avenue
College Station, TX 77840
RE: Zoning Ordinance violation at 3312 Texas Avenue
Dear Mr. Moody,
I am writing on this date to follow up on the meeting that you had with several of the City staff
regarding your business, and to inform you of the process we must take at this point.
The following history of activities has been compiled from our records:
- May 30, 1990: The Project Review Committee met to discuss the continuation of a
temporary turf grass business and to allow the replacement of a portable building. At that
time, this business had been in operation for seven (7) years. The PRC determined that full
ordinance requirements would have to be met if there were any changes or expansion to the
site. The Committee also determined that staff would allow the continuation of the business as
submitted on a subsequent site plan. This plan showed the temporary office building on Lot 5,
Block 17, Southwood Valley Section 4-B. Lot 6 immediately to the south was also included
to reflect some turf sales and storage.
- November 8, 1993 Shirley Volk, Jane Kee, Sabine Kuenzel, and Jerry Moody met to discuss
reported expansions to this business. At that meeting, Mr. Moody indicated that he is now
selling other materials and not just turf. A site inspection conducted by staff had shown that
the business had grown from Lots 5 and 6 to include Lots 2, 3, and 4. At this point, staff
requested that a full site plan be submitted that would show compliance with paved parking,
landscaping, and screening requirements. A Drainage Development Permit. must also be
sought.
At this time, I must inform you that no site plan'has been received by this office. Due to the
expansions and change of business that have occurred on this property, any previous
nonconforming status and protection under such status has ceased. You are therefore in
violation of Ordinance No. 1638, the Zoning Ordinance of the City of College Station. If no
site plan has been received at the end of 15 days following receipt of this letter, all business
activities at this location must cease.
r
' ° Post Office Box 9960 1101 Texas fivenue
~~._:
- Co(teg~ St~Yion, T e~cas 77812-0960
(~L}9} 764-3500
October 21, 1994
Mr. Jerry Moody
Southwood Valley Turf
3 312 Texas Avenue
College Station, TX 77840
RE: Zoning Ordinance Violation at 3312 Texas Avenue
Dear Mr. Moody,
Thank you for coming in on Monday to update me on the activities you have undergone since the PRC
review that took place August 8, 1994. I am writing to follow up on our recent meeting and to give you an
extension of the deadline for compliance.
It is my understanding that you have discussed the PRC required improvements with Mrs. Green, owner
of the property. You stated that she is unwilling to allow improvement of the site because she would
eventually like to sell the lots. I understand the position you are in, and am willing to work with you to
find a solution that would meet both your needs and the City's requirements.
We briefly discussed the abandoned Buffs truck stop site and I gave you a site plan. This location would
be acceptable because the zoning would allow your use, and because minimal site improvements would
have to be made to accommodate your business. We will more than likely check the landscaping to make
sure it meets current code (some landscaping currently exists on site) and we will also check the striping
to ensure adequate designation of parking spaces. The staff will also review the storage areas for your
materials to ensure adequate screening from the roadways.
There may be other sites that are in a similar position. Please keep me informed of the progress you are
making.
I can give you up to 60 days after receipt of this letter to either fmd a new site and submit a site plan for
improvements, or to turn in a site plan for the current location with revisions as outlined in the PRC report
dated August 8, 1994.
If you or anyone you are dealing with have any questions, please give me a call.
Sincerely, ~ 1
` ~ n
S ne uenzel
Staff Planner
cc: City Attorney's Office
Jane Kee, City Planner
Shirley Volk, Development Coordinator
Tri-Green, Inc., Property Owner
Wilma Green, Property Owner
r
f~cme of Tex ~&I~i EJniversiiy
If you have any questions regarding this matter, please call me. I have included a site plan
review checklist for information regarding site plan requirements.
Sincerely,
Sabine Kuenzel
Staff Planner
cc: City Attorney's Office
Jane Kee
Shirley Volk
~ CITY OF' COLLEGE STATIOI`~
Post Office I3ox 9960 1101 Texas Avenue
College Station, Texas T7842-0960
(409) 764-3500
May 11, 1994
Mr. Jerry Moody
Southwood Valley Turf
3 312 Texas Avenue
College Station, TX 77840
RE: Zoning Ordinance violation at 3312 Texas Avenue
Dear Mr. Moody,
I am writing on this date to follow up on the meeting that you had with several City staff members
regarding your business, and to inform you of the process we must undergo at this point.
The following history of activities has been compiled from our records:
- May 30, 1990: The Project Review Committee met to discuss the continuation of a temporary
turf grass business and to allow the replacement of a portable building. At that time, this business
had been in operation for. seven (7) years. The PRC determined that full ordinance requirements
would have to be met if there were any changes or expansion to the site. The Committee also
determined that staff would allow the continuation of the business as submitted on a subsequent
site plan, but only within the confines to the existing use. This plan showed the temporary office
building on Lot 5, Block 17, Southwood Valley Section 4-B. Lot 6 immediately to the south was
also included to reflect some turf sales and storage.
- November 8, 1993 Shirley Volk, Jane Kee, Sabine Kuenzel, and Jerry Moody met to discuss
reported expansions to this business. At that meeting, Mr. Moody indicated that he is now selling
other materials and not just turf. A site inspection conducted by staff had shown that the business
had grown from Lots 5 and 6 to include Lots 2, 3, and 4. At this point, staff requested that a full
site plan be submitted that would show compliance with paved parking, landscaping, and
screening requirements. A Drainage Development Permit must also be sought.
At this time, I must inform you that no site plan has been received by this office. You are
therefore in violation of Ordinance No. 1638, the Zoning Ordinance of the City of College
Station. Section 10 of that ordinance requires the following:
Prior to any development activity on the ground for any parcel of land to be utilized for
other than single. family or duplex development...and applicant must obtain site plan
approval under this section. No such development shall be lawful or permitted to proceed
without final site plan approval.
Home of Texas A&M University
I regret that I must now serve formal notice of the City's intent to file charges against this
property. If no site plan has been received at the end of 30 days following receipt of this letter,
we will cite you each day that it is not in compliance. A Zoning Ordinance violation is considered
a separate offense for each day of violation, and each offense could cost up to $2000.00 a day,
with a minimum fine of $25.00 a day.
If you have any questions regarding this matter, please call me. I have included a site plan review
checklist for information regarding site plan requirements.
Sincerely,
Sabine Kuenzel
Staff Planner
~~~u~w{~
cc: City Attorney's Office
ane Kee, City Planner
Shirley Volk, Development Coordinator
Tri-Green, Inc., Property Owner
Wilma Green, Property Owner
a9,
May 11, 1994
CITY OF COLLEGE STATIOI`I
Post Office Box 9960 1101 Texas Avenue
College Station, Texas 77842-0960
(409) 7643500
Mr. Johnny Churchwell
American Turf Company
4023 Texas Avenue South
College Station, TX 77845
RE: Zoning Ordinance violation at 4023 Texas Avenue South
Dear Mr. Churchwell
It has come to my attention that you are currently operating a turf business on the property in
question. In response, I have collected the following information regarding this matter:
1. The current GTE phone book lists an "American Turf Co" at 4023 Texas Avenue South.
2. The State Comptroller's office shows taxable sales beginning March 1, 1993.
3. A few weeks ago, I visited the site and took slides. At that time, I noticed pallets of grass
and spoke with you briefly regarding activities on the site. I asked if you were using the site
for your private use only. Your response was to state that trucks come on to the site and
leave again with merchandise.
4. I reviewed the letter that I had sent to Mr. Dopslauf in July of 1993 (see attached copy).
This letter basically states that no activity other than private storage of agricultural uses is
allowed.
Based on these facts, I have .determined that you are in violation of Ordinance No. 1638, the
Zoning Ordinance of the City of College Station. Section 10 of this ordinance requires the
following:
Prior to .any development activity on the ground for any parcel of land to be
utilized for other than single family or duplex development...an applicant must
obtain site plan approval under this section. No such development shall be
lawful or permitted to proceed without final site plan approval.
Home of Texas A&M University
Please note also that the zoning of the subject property is A-O, AgriculturaUOpen. This
zoning district has a minimum lot size. of 5 acres. As a part of the review process of your
project, staff will make sure that the property meets the minimum lot size.
I regret. that I must now. serve formal notice of the City's intent to file charges against this
property. If no site plan has been received at the end of 30 days following receipt of this
letter, we will .cite you each. day that the property is not in compliance. A Zoning Ordinance
violation can be considered a separate offense for each day of violation, and each offense
could cost up to $2000.00 a day, with a minimum fine of $25.00 a day.
Upon receipt of this letter, staff is requesting that all business activity cease until a full site
plan is submitted and approved. The plan must show compliance with paved parking,
landscaping, and screening requirements. A Drainage Development Permit must also be
sought.
If you have any questions regarding this matter, please call me. I have included a site plan
review checklist for information regarding site plan requirements.
Sincerely,
Sabine Kuenzel
Staff Planner
cc: 'Jane Kee, City Planner
Shirley Volk, Development Coordinator
Cathy Locke, City Attorney
O. Chaney & E. Dopslauf, Property Owners
attachments
f~L~uL~
CITY OF COLL.~~E ~TATIOI`I
`® Past office Box 9960 1101 Texas Avenue
CollegeStation,Texas 77842-0960
(409) 7643500
July 27, 1993
Mr. Keith Dopslauf
910 Sandy Cove
Bryan, TX 77803
~~ ~1~~
RE: Inquiries made into the status of the property located at 4025 Texas Avenue South
Mr. Dopslauf:
I am writing to inform you of the recent review of the status of your property that was conducted
by the City as a result of a request for electric service. During my research, I found the following:
- The property was annexed on October 13, 1983_ Aerial photographs taken in
January 1982 showed no buildings or storage on site_
- On October 14, 1983, a photograph was taken of the site (see attached copy).
The photo and the accompanying documentation (see memo dated November 21,
1983) provide evidence that no building existed on the property prior to
annexation.
-During the following 30 day period, two wooden buildings and three stalls were
constructed in preparation for a flea market_ These activities were carried out
without authorization_ Violations during this time included failure to obtain
building permits, failure to obtain site plan approval (including all applicable
parking and Iandscaping provisions), and failure to comply with the zoning use
restrictions of the A O AgriculturaVOpen zoning district.
- The owner of the property at the time requested a rezoning of the property from
A-O to C-1 General Commercial. Council passed Ordinance No. 1497, which
rezoned the property with the conditions that 1) the zoning remain on the property
for a period of ten years onty, and 2) if building permits are required, the zoning
must come back before Council for review_
- No other steps to obtain site plan review approval or building perruits were
pursued by the owner.
- Currently, the propert}~ is occupied by one of the three stalls that were
constructed for the flea market_ Some outside storage of pallets, dint, and vehicles
is also present.
As a result of this review, we have come to several conclusions regarding your property.
I_ The property has no legal nonconforming status, nor any authorization from the
City for any use other than pasture[and_ The property is therefore not entitled to
City services. unless a building and an electrical permit are sought and issued.
Koine at Texas AE',M University
t..~
2. As a part of the building permit process, we must receive a site plan; include the
dimensions of the structure, the distances from a1i property Lines, and a description
of the use of the structure.
3. Ordinance No_ 1497 is void due to the fact that is was passed with the intention
that it be tied to a single use (the flea market)_ Such an action constituted
"contract zoning", which is illegal in this state_ Therefore, the entire action is void,
and the property has reverted to its original A.-O classification.
4. Only limited storage within the structure would be permitted, provided a
building permit is sought and issued_ The A-O zoning district does not list storage
as a permitted use. Storage that is accessory in use to the principal use of the
property (in this case that use is pastureland) would be acceptable. In other words,
storage for your own persona[ use (such as hay and cars that are not considered
junk vehicles under City Ordinances)may be permitted. Storage related to a
business would not be permitted. Renting storage space requires a change of zone
to at (east a C-1 class, and would require complete site plan review.
5. Outside storage of items related to an agricultural use (see the list of A-O uses)
that are not related to other commercial uses would be permitted. Please note
that any outside storage that would constitute a "nuisance" under our City Codes
(see attached) is not permitted.
If you have any questions or would like to further discuss this mattec, please give me a call.
Thank you.
Sincerely,
~~J.~.ev
Sabine Kuenzel
Staff Planner
cc: Legal Dept
Jane Kee, City Planner
Billy Hejl, Code Enforcement
Wes Casto(enia, Code Enforcement
Coy Perry, Building Official
Johnny Churchwell
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From: Mary Margaret Sexton
To: SKUENZEL
Date: 1/29/96 10:14am
Subject: Southwood Valley Turf
Has anyone issued any citations? Do you know what the date(s) of offense will
be? What are the offenses for which you want to prosecute?
I want to be able to keep tabs on this so that it doesn't just show up on the
docket one day and surprise me.
From: Mary Margaret Sexton
To: SKUENZEL
Date: 1/17/96 2:13pm
Subject: Southwood Valley Turf -Reply -Reply
monday afternoon is fine. why don't you just call me when you're ready to
come up.
re: pnz, I'm not sure i understand. who is staff going to renotify about
what? are you just going to go ahead and put it on the agenda and then tell
everyone when it's going to come up again?
»> Sabina Kuenzel 01/17./96 01:OOpm »>
on monday afternoon the developer met with the areas residents and staff
agreed to renotify as a courtesy even though there's none required. soooo we
have a reprieve. i'll let you know when this is going back to pnz.
next week is fine (we've waited this long, might as well wait a few more
days). how about monday? anytime except 8:30 to 10:00 so far for me...
»> Mary Margaret Sexton 01/17/96 12:19pm »>
It would probably be a good idea for us to get together and have our
semi-annual "Southwood Valley Turf" chat. This week is, and will continue to
be, ugly. Maybe sometime next week?
Also, I have not forgotten about your P&Z question; I just haven't had a
chance to look at it. Are you feeling any pressure for an answer before
tomorrow night? I also wanted to let you know that I have not forgotten.
From: Mary Margaret Sexton
To: SKUENZEL
Date: 1/17/96 12:19pm
Subject: Southwood Valley Turf
It would probably be a good idea for us to get together and have our
semi-annual "Southwood Valley Turf" chat. This week is, and will continue to
be, ugly. Maybe sometime next week?
Also, I have not forgotten about your P&Z question; I just haven't had a
chance to look at it. Are you feeling any pressure for an answer before
tomorrow night? I also wanted to let you know that I have not forgotten.
From: Cathy Locke
To: SKUENZEL
Date: 1/17/96 12:llpm
Subject: rfla - prosecute Southwood valley turf
Your request has been received by the Legal Department. We have numerous
request pending at this time.. In 'order to accomplish all the work we have, it
will necessary for us to prioritize departmental requests. Your request has
been assigned to Mary-Margaret. If the attorney needs more information, you
will be contacted.
If you feel that the Legal Department needs more information to prioritize
your request, please make sure that information is noted on the request or
provide further written support. We will provide you with the legal support
you requested as soon as possible. Please understand that there are numerous
competing needs.
CC: TBRYMER, MSEXTON, SNOE, JCALLAWAY
Printed by Sabina Kuenzel 2/22/95 4:49pm
From: Sabina Kuenzel
To: Jane Kee, Jim Callaway
Subject: Brazos valley surf
===NOTE_____________________________________________________________________
i spoke wish ferry moody again today and he cold me chat he still has not
been able io speak personally with the buff's owner. the son is supposed to
be in town this weekend and he plans to talk to him. however, he also says
chat the area south of deacon is "heating up", that both he and mrs. green
have been approached 6y potential buyers. he thinks that it is only o
matter of time fie. a few months) before the property gels sold out from
under him. i asked him where he would move to should this happen and he
answered that he would shut down and not start up again. for the time being,
until the property sells, he hos suggested chat perhaps he can put in h10ST
of the requirements that we imposed on him during the prc review of the
present site, including the gravel road around the stock piles and the berm
screenings.
i need some input. here ore my thoughts:
i don't think chat we ore going io get full complionce wish all cu«ent
development codes. moody seems to not have the money, and if he had gone
through our process before expanding, he would not have done this once he
heard everything we require. for chat molter, ii seems that our development
requirements are steep enough that these types of businesses cannot be
located within the city. our main goal is screening and eventually seeing
the site come up to code. my suggestion, therefore, would be io work out
some type of agreement thot we will postpone complete code complionce
requirements for a given amount of time, if he agrees to screen. (berms and
hedges can be easily removed). we will make it clear that the site is still
considered to be in violation, but that we are simply deferring enforcement
action for soy a year or so.
what do you think? is this something we need io run by tom brymer?
Pale: 1
Printed by Sabina Kuenzel 10/19/94 9:21am
From: Nanette Manhart
To: Jane Kee
Subject: fwd: Jerry Moody
===NOTE====------=====10/17/94==8:01 am= ----
Jane. I was talking io Charles King
the other day for an unrelated reason
and he asked me io check into
something. He is very (and I mean
very) upset about the fact that Jerry
Mandy seeh~s to be blatantly ignoring
many city requirements. Charles says
he cries had io meet code and is very
upset and concerned that Jerry Moody is
getting away with it. I suspect that
he will shortly qo elsewhere with his
concerns if we don't answer his
questions. Since I am out of it, I
think maybe you need to toll Charles
and tell him what is going an, if
anything.
Please lei me know, as I promised
someone would call him wish some kind
of answer. THANKS
Fwd=by:=Jane=Kee======10/ 18/94==8:24a m=
Fwd to: Nanette Manhart, Sabina Kuenzel
.:.....................................
fyi - bine -let's talk
Fwd=by:=Sabina=Kuenze=10/18/94==9:24am=
Fwd to: Jane Kee
CC: Nanette Manhart
funny you should mention it. i had
planned on sending him a letter
outlining exactly when he needed to get
a revised plan in here (he has been
thru prc already and has approval with.
prc conditions). he has been trying to
negotiate with mrs. green and she wants
no improvements to the property. i
understand Charles' complaint but we
also need to be sure we make every
effort io gain compliance rather than
simply punish. ferry has picked up the
bufff's site plan - he realizes he has
io either move or simply go out of
business. but i would like to see him
gain compliance on the buff's life - it
has way enough parking for his portion
and any ocher retail use that may go
into the building. we can put a "phase
line" down the lease line and require
thru prc screening and other
landscaping (this half of the site is
already paved). since there is not
ownership problem, he can use the
parking on the buff's site to satisfy
his parking requirement.
i will follow-up with a letter and keep
on this.
Fwd=by:=Jane=Kee======10/18/94==9:27am
Fwd io: Sabina Kuenzel
Good. You may also want io let Charles
King know that we are doing something.
--------------------------
a
Page: 1
Printed by Sabina Kuenzel 10/19/94 9:26am
From: Sabina Kuenzel
To: Jane Kee
Subject: fwd: code enforcement
===NOTE====-- ----=====9/20/94==9:10am==
i don'i want the ferry moody thing to
continue going as it is. he hasn't
returned any site plans and i don't
believe that he will. should i call
lorry wells
Fwd=by:=Jane=Kee------9/20/94==1:OSpm==
Fwd to: Sabina Kuenzel
CC: Jim Callaway
Call Larry and document that. Prepare
a chronology of events, if you haven't
already and send that io legal as an
FYI but tell them we'll most likely be
starting enforcement action. Copy
me, jim and Tom.
Fwd=by:=Sabina=Kuenze=9/30/94==8:35am==
Fwd to: Jane Kee
...........................:...........
by now you should have gotten your copy
of the memo. i am going io wait a
couple of days to hear areaction -
then i will proceed with composing the
IeNer.
Fwd=by:=Jane=Kee======9/30/94==9:35am
fwd to: Sabina Kuenzel
I'd wait at least a week before
proceeding to give Legal a chance to
respond. I wonder if they will respond
w/0 one of chase legal request forms?
Why don't you prepare one and hold it
and we'll see if we hear from them.
Fwd=by:=Sabina=Kuenze=9/30/94=10:08am
Fwd to: Jane Kee
wellll - wasnf' this just an fyi memo
to put them on notice an not a "can we
do this" memo? i purposefully put fyi
by the memo title...
Fwd=by:=Jane=Kee======9/30/94=10:46am==
Fwd io: Sabina Kuenzel
ok
Paae: 1
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LAND USE- & RELATED ACTIVITIES
Lion or installation of water or sewer service facili-
ties that the person described on the plat or on the
document attached to the plat, as required by Sec-
tion 212.0105, is subject to a civil penalty of not less
than $500 nor more than $1,000 plus court costs and
attorney's fees.
(c) An owner of a tract of land commits an of-
fense if the owner knowingly or intentionally vio-
lates arequirement imposed by or under Section
212.0105 or 212.0106 or fails to timely provide for
the construction or installation of water or sewer
service facilities that the person described on a plat
or on a document attached to a plat, as required by
Section 212.0105. An offense under this subsection
is a Class B misdemeanor.
(d) A reference in this section to an "owner of a
-tract of .land" does not include the owner of an
individual lot in a subdivided tract of land.
Aets 1989, 71st Leg., ch. 624, § 3,01, eff. Sept. 1, 1989.
§ 212.018. Enforcement in General
(a) At the request of the governing body of the
municipality, the municipal attorney or any other
attorney representing the municipality may file an
action in a court of competent jurisdiction to:
(1) enjoin the. violation or threatened violation
by the owner of a tract of land of a requirement
regarding the tract and established by, or adopted
by the governing body under, this subchapter; or
(2) recover damages from the owner of a tract
of land in an amount adequate for the municipali-
ty to undertake any construction or other activity
necessary to bring about compliance with a re-
quirement regarding the tract and established by,
or adopted by the governing body under, this
subchapter.
(b) A reference in this section to an "owner of a
tract of land" does not include the owner of an
individual lot in a subdivided trac eff. Aud 28, 1989.
Acts 1989, 71st Leg., ch. 1, § 46(b), g 3.01, eff.
Amended by Acts 1989, 71st Leg., ch. 624, §
Sept. 1, 1989.
[Sections 212.019 to 212.040 reserved
for expansion]
SUBCHAPTER B. REGULATION OF
PROPERTY DEVELOPMENT
§ 212.041: Municipality Covered by Subchapter
This subchapter applies only to an unzoned munic-
ipality with a population of more than 1.5 million
whose governing body chooses by ordinance to be
WTSC 1992 Loc.Gov.-13
covered by this subchapter or chose by ordinance to
be covered by the law codified by this subchapter.
Acts 1987, 70th Leg.,- ch. 149, § 1, eff. Sept. 1, 1987.
§ 212.042. Application of Subchapter A
The provisions of Subchapter A t~ atdevelopment
flict with this subchapter app y
plats.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
In this subchapter:
(1) "Development" means the new construction
or the enlargement of any exterior dimension of
any building, structure, or improvement.
(2) "Extraterritorial jurisdiction" means a mu-
nicipality's extraterritorial jurisdiction as deter-
mined under Chapter 42.
ets 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 212.044. Plans, Rules, and Ordinances
After a public hearing on the matter, the munici-
pality may adopt general plans, rules, or ordinances
governing development plats of land within the lim-
its and in the extraterritorial jurisdiction of the
municipality to promote the health, safety, .morals,
or general welfare of the municipality and the safe,
orderly, and healthful development of the municipal-
ity
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 212.045. Development Plat Required
(a) -Any person who proposes the development of
a tract of land located within the limits or in the
extraterritorial jurisdiction of the municipality must
have a development plat of the tract prepared in
accordance with this subchapter and the applicable
plans, rules, or ordinances of the municipality:
(b) .A development plat must be prepared by a
registered professional land surveyor as a bound-
. ary_survey showing:
(1) each existing or proposed building, struc-
ture, or improvement or proposed modification of
the external configuration of the building, stru~-
ture, or improvement involving a change of the
building, structure, or improvement; within or
(2) each easement and right-of-way
abutting the boundary of the surveyed property;
and
(3) the dimensions of each street, sidewalk, al-
ley, square, park, or other part of the property
From: Sabina Kuenzel
To: clocke
Subject: Southwood Valley Turf -Reply
we did some research into dates, ordinances, utility billing, the
comptroller's office, and prc minutes. these can all be documented if need
be. i found the following as%~ari'swers to these questions (please note that I'm
answering question #6 after=#8):;
4 ~ ~>~
1. moody started the busine s°on 4-1-82, which is when he moved the business
•~' ` from bryan to 3312 texas avenue. the city could have required site
~~
~ ;~ development at that time, however, due to the realtively small and temporary
~~'~' ~~° a nature of his business, there was no formal review process undergone. Jane
~~~_~~_ ~~ ~~` remembers that there was a verbal approval by al mayo for moody to operate a
"~," ~~~ small turf business. some type of approval would have had to have been given
1+~~%J•~s ~` otherwise there would be no utility service to that site (utility billing
~j`r ~ always checks with planning before processing the work order for service).
2. the property was within the city limits in 1982.
3. the property was annexed into the city on 2-22-71.
4. at the time of annexation, the property was zoned r-1.
5. the property was rezoned to c-1 on 6-28-71 (ordinance no. 750).
7. in 1990, it was documented in a prc report that moody had a trailer/office
on lots, block 17, southwood valley 4-b. he also had inventory on lots 5 and
6. he indicated at the prc meeting, where he was seeking permission to
replace the trailer with a larger one, that he would remove all of the
inventory on lot 6 and place it on lot 4. again, the city could have required
compliance, but due to the fact that. the business was not expanding, staff
chose not to. instead, moody was put on notice that the approval was for the
inventory on lots 5 and 4 only and for the trailer, and that future expansions
would trigger additional review.
8. the offense to date is the expansion of the business to include inventory
~ °(~, on lots 2 and 3, as well as the diversification of materials. "development"
,, ',~ includes not only storage of rock, sand, dirt, and compost piles, but business
A<_. activity on those lots as well.
,~'~~ v
@,~~"~~ 6. this expansion occurred some time between may 1990 and november 1993. as
,~@~ soon as we became aware of the .expansion, we brought moody in for a meeting to
~`~'~'+4 ~~~ '"~e discuss the violation and his options.
v ~' 3
~l~"`~ ~•i also need to fill you in on two related issues. the first deals with a ccar
~,~" ~L'that was received by the cmo. a citizen called in to complain about the odor
`C ~'~~~' f"",,~;~ coming from the compost piles (we've had several complaints before but this is
a the first ccar on it). due to the fact that gaining site compliance may be
~ ~^~, difficult and time-consuming, we've tackled the ccar separately. wes has sent
~~~~ a letter giving moody a certain amount of time to get rid of the compost
r~, yYF ~. piles .
f'~D.i IU
rF~~ '~" the second issue relates to Charles king's plantation gardens site in front of
~''~3~, ~~~'~'~ shenandoah. we've had a complaint (not a ccar) about the expansion of
~'>~~v}E merchandise onto the parking areas of the site. i had talked to king before
~,,~ about this and he said he did not want to do anything until he sees something
`gin' '~ being done with moody. i felt he had a point and did not pursue the
t ~ ' , ~4"
"•~~ `'+ discussion too strongly, but will now talk to him more earnestly in response
~,~ to the complaint. i just know he'll be full of questions about fairness and
quite frankly am not too sure about how to answer them.
»> Mary Margaret Sexton 02/14/96 l0:llam »>
I have some questions about this issue:
1. When exactly did he start the business?
2. Was the business within city limits when it was started?
3. If he was outside city limits, when did he get annexed into the city?
4. What zoning was he annexed into?
5. Has that zoning changed since annexation?
6. When exactly do you contend that he "developed" such that he was then
required to comply with zoning ordinances? i.e., what is the offense date?
7. How exactly did he expand his business? This has to be very specific.
8. What was the nature of the expansion?
We need answers on each of these issues in order to pursue the claim. Please
advise on each.
CCs City of College Station.City Hall(JCALLAWAY, JKEE,...
~~,,
~~, ,~v ~~
From: Sabina Kuenzel
To: clocke
Subject: Southwood Valley Turf -Reply
»> Mary Margaret Sexton 02/14/96 l0:llam »>
I have some questions about this issue:
i d
1. When exactly did he start the business? ~ j 1 ~ ~sr~_,x` ~~'~ r y ;~~, ~~,,~~ ,~ ~ ~,,,$
2. Was the business within city limits when it was started? ~E? C~ "'"'~~"~~~
3. If he was outside city limits, when did he get annexed into the city? ~~~ ~ ~'I
4. What zoning was he annexed into? ~'~
5. Has that zoning changed since annexation? C~ I ~~~-~~ ~~
6. When exactly do you contend that he "developed" such that he was then
required to comply with zoning ordinances? i.e., what is the offense date?
7. How exactly did he expand his business? This has to be very specific. ,C
8. What was the nature of the expansion? ~°-
We need answers on each of these issues in order to pursue the claim. Please
advise on each.
CC: jkee
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