Loading...
HomeMy WebLinkAboutMiscellaneousApril 15, 1997 Don Garrett Garrett Engineering 4444 Carter Creek Parkway, Suite 206 Bryan, TX 77802 Re: Replat of Parcel 7i~ Block B of the Culpepper Plaza Addition. Dear Don, I'm writing this. letter to update you on the status of the above mentioned final plat.. On April 7, 1997, Marvin Tate brought in the signed original- and several copies of -the revised final plat for the Culpepper Plaza. Addition. However, the following items have not been addressed: _ Change the lot number designations. The lot numbers shown exist elsewhere within block B of the Culpepper Plaza Addition. (The references to these lot numbers must also be changed accordingly in the general notes section.) _ Add a general note that lots 3 and 4 are considered a .single building plot in terms of signage, parking and access. Submit paid tax certificates on lots 3 and 4. _ Show the 100 year floodplain that exists on lots 3 and 4. (The floodplain limits shown on the revised final plat do not match the topography information.) Attached is a copy of the Presubmission Conference Report dated February 14, 1997 in which all of these items were listed as ordinance requirements. In order to-expedite the approval of the final plat, staff is willing to proceed to the Planning and Zoning Commission with the recommendation that all of the items outlined in the February 14, 1997 Conference Report be addressed prior to filing the plat for record. The final plat is tentatively scheduled for the Planning and Zoning Commission meeting on Thursday, May 1, 1997 at 7:00 p.m. I can include the copies of the final .:plat submitted by Mr. Tate in the packets for the Commission's review. If you would like to provide revised.copies of the final plat to the Commission addressing the above mentioned requirements, I will need 10 copies by Wednesday, April 23, I997. If you have any questions, please contact me at (409). 764-3570. Since y, N ie omas uiz cc: J. Lamar Haggard Lawrence H. Allen Paul Clarke Lawrence J. Haskins s From: Veronica Morgan To: City of College Station.City Hall(SKLTENZEL), SVOLK Date: 4/22/962:42pm Subject: attached-Reply-Reply steve and i looked at the fema map and it is a zone x not "a" on the site. therefore i have marked up sabines' notes accordingly. there will be no hec analysis req'd. »> Shirley Volk 04/22/96 12:53pm »> I just have one question and it addresses the requirement of the flood plain information: Since this is a replat of an akeady platted lot that akeady has a lot of development on it, and the floodplain line/f~C runs were not required at the time the lot was originally platted, how much can we actually require? Does Don have to show everything for the entire tract Ii1, even tho' it was platted a long time ago? CC: City of College $tation.City Hall(JCallaway, KLaza... ,, From: Sabina Kuenzel To: SVOLK, jkee Date: 4/22/96 2:SOpm Subject: attached -Reply Reply we just. found out that engineering has flood plain info, so no hec runs will be required, but in answer to your question i feed justified in requiring all current standazds - it seems that the. property was built when it was all under one ownership and then sold oll it was the selling of the property that was done illegally, not the construction. existing "encroachments" can be grandfathered in. if don does not want to show drainage easements on other lots, again i feel that we are in a variance position and he needs to give us good reason to support it. jane, am i being too hazd about this? »> Shirley Volk 04/22/96 12:53pm »> I just have one question and it addresses the requirement of the flood plaininformation: Since this is a replat of an akeady platted lot that already has a lot of development on it, and the floodplain line/I-IEC runs were not required at the time the lot was originally platted, how much can we actually require? Does Don have to show everything for.. the entire tract IV, even tho' it was platted a long time ago? CC: vmorgan, shomeyer FILE NOTE REPEAT OF PART OF PARCEL IV, BLOCK B CULPEPPER PLAZA ADDITION The original plat does not show any divisions of Parcel IV. All of Parcel IV, Block B needs to be included in the replat - if the signatures cannot be obtained, a variance request must accompany the roplat. J ~~~ Show the 100: year floodplain. HEC runs will be required. (FEMA study ends at Kyle~%~fhe creek needs '~`'~ to be shown through all of Parcel. IV. rn~,u~ Show the existing driveways. The drive that is shown onto Kyle near the creek needs to be taken off - drives are deternned at the time a site plan is formally submitted. If all of Parcel IV is included in the plat, driveways maybe determined. at this time if all existing and proposed driveways are shown, both on Parcel IV and opposite: and adjacent drives. The vicinity map does not show a project location. Add the site location to the map. Add these notes to the. general notes: Lots SR and 6R are considered a .single building plot fn terms of parking, access, and signage. Lots (Bentley. House lot) and {vacant iot next to it) are considered a single building plot' in terms of parking, .access, and signage. Lots (Garcia's lot). and (strip cotnmercYal with Sweet Eugene's and the Suds. and Pub) are considered a single building plot in terms of parking, access, and. signage. Lots (Garca's lot) and (strip; commercial with Sweet Eugene's and the Suds and Pub) and Parcel I of Culpepper Plaza are considered a single building plot in terms of parking and access. ~~.a i~ FILE NOTE Date: March 24, 1997 ~DDP and Planning_Case File(96-213) -Culpepper Plaza From: Steve. Homeyer Asst. to the City Engineer I spoke with Don Garrett last Friday (3/21/97) about the designation of the 100- yearflood plain on this property.. He wanted to know if it was required and I told him yes... He then asked if he had to show an easement to cover this area, because he did not want to encumber the property with an easement that could possibly change at the tune of development. I told him that he could leave the easement off at #his time, but add a note at both the boundary location and in the general notes that stated that when the property developed an easement would be required to cover the-boundary be it existing or reconfigured. He said that he needed to get with the. owner to see what he wanted to do because the owner did not want to do anything at this time. cc: Jim Callaway Kent: l_aza Shirley Volk 02i28i97 12:34 GARRETT ENGINEERING -~ 409 764 3496 D01 2-27-9~ ~p (l~Zo A~ ~R"r~: Nkrk~i~ ~ ~~ at ~R.~A~I ~: ~JI'p~Ey~R '~L~CZA ~ C.~~p~E7P~~ ~LA 2.~ 0~~ ~~ ~ s ~ Ttl e Inc. I.-A'RR ~I~~.~( CA~I~. , ~ 'T,~, ..~.-r t ~~ ~ ~ I~ J~ ~ ~ CflJ ~D G~ ~aC~ ~ NIA. ~~ ~ ~~ ~+~ ~~~ ~ls ~1t.3c ~ ~ I5 ~~ .~~lt~lA s ~l~G r, (l+fNi. ~~(~ ~A-~IC ~oJ , ~((a~u~. C~~..r~(s~r~ . ~ p.... .. L~sr I ....... .. ~J~l ~..~4!..... ~ft~A......:.. ..... ................ .. ....... ......... . ~DI~Ta~ ~ 77~~5.. ~ . ~,4,J,~:. ~?~d~ .... .. ................ . l ... ...:. 3~0~ ~...Zt.7~....:~`r ... .......~~.. S ~ ~ ............... .. .......... ...... ~J~~fI~ ~ . 1.x......7?~d.~- ........ ............. ................. . ~ ;. . ~~~ .....J... ~~sr(i~IS . . .... .. ..... ..... © ~u~~:~R ~. G~.~i~~ ............... .. ~~- oT Z ......... . ~ . ... , ... (~) ~~~ .- .~i~~ . ............ ...... ..... . ....... Tnn oc+,r ~-,oi cra+, ~ ntiir~»tiitntii~ i i~~yun raT•ar ~ci~rai~ra From: Jennifer Evans To: skuenzel Date: 6/13/96 10:41am Subject: 76-65 Ok, I searched through the P&Z files and looked at every one from 1976 through 1978 and found no other reference to the Culpepper property going before P&Z. The minutes from the 10/7 meeting gleened no light on what was happening to the property aside from the fact that they needed to come back with changes. I'm not sure where to go from here. Thanks, Jennifer p.s. I took care of the Loren McDonough problem. Post-it® Fax Note 7671 Date S # of To ~ Rages - ~~ From Co./Dep f~l.2L~ June 17 1996 Phone ~A T Co~T ~ O~ CS Phone # Fax # FILE NOTE /~'Vn Fax # _-__ FROM SHIIZLEY YOLK - - - - - At 8 a.m. today, Jim Callaway, Jane Kee & I .met with Larry Allen, J.Don Watson & Don Garrett to talk about the City's requirement that all owners of "Parcel IV Block B Culpepper Addition" participate in the replat of the subdivision (to make the metes & bounds divisions legal which have already takenplace). Larry Allen explained that he had bought Kensington Apartments after they had been built; that the City put up No Parking signs along South Kyle, thus causing a parking problem. To address that problem the apartments (1)pay for bus passes for the students, and (2)bought some property across the street in the Culpepper Addition subdivision to use for a parking lot.. The property he purchased had been repossessed from Culpepper, so he purchased it from a holding bank. After much discussion about why they have to include all the lots, why their replat should be tied to whether or not the other owners want to become a party to the plat, where exactly it says in the ordinance that all lots must be included in the replat, how the P&Z could possible reject this plat if a variance is requested or not, how other situations such as this will be addressed, Jim Callaway suggested that each lot be given a Lot & Block number, with a signatory block on the plat for each owner,. with an additional note „~-'saying that the plat is based on deed descriptions and not. a survey. Jane Kee & Shirley Volk objected to this solution because itwould make'the other illegal subdivisions of property legal without the proper engineering studies, etc. Don Garrett objected also. Jane Kee explained that staff had been hoping. that the applicant would contact the other owners and the other owners would participate and pay for proper platting. After additional discussion by Don Garrett regarding why he has a problem with this requirement, especially since he thinks the subdivision of the Jordan property was the same type of thing. Staff explained that the Jordan subdivision was a preliminary plat, and we were quite comfortable with how that case. had been handled, Larry Allen and J. Don Watson. stated that they would make contact with the other owners of property in the. parcel to see if they wanted to participate in the legal platting. of the property, and if not, they would request a variance to the subdivision regulations. Staff stated previously that if contact were made by the applicant, and those owners declined to participate, staff would not hold this owner hostage, and would recommend .approval of the variance request. Shirley Volk supplied copies of the letters sent o the other property owners which informed them that additional building permits would be withheld until their property was legally platted. Staff will wait until they are contacted again before they go forward with this plat l~ ~~ f~ June 4, 1996 Belaire Capital Partnership 5001 Bissonnet Belaire, TX 77401 RE`. Subdivision of Culpepper Plaza Addition Block B Parcel IV To Whom it may Concern: Recently the City received an application for a resubdivision plat of the above referenced subdivision. During our research concerning ownership of Parcel IV,'it came to our attention that a subdivision of the property has: already been made without benefit of a resubdivision plat.: Apparently the sale was handled with a "metes and bounds" description of the properly. According to Brazos County Appraisal District records, Belare Capital Partnership owns a .953$acre and a 1.2293 acre acre part of Parcel IV Block B of the CulpeppefPlaza Additionsubdivision. This letter comes to you as information regarding the City's subdivision regulations which state in Section 4-A and 4-B as follows: "The subdivider of a tract of land located within the limits or in the extraterritorial, jurisdiction of the City shall prepare and. submit for approval a plat of the subdivision in accordance with Section 6`of this Chapter. No building,. repair, plumbing or electrical permit shall be issued by the'City for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record." The definition. of subdivision is as follows: "Subdivision means the division of a lot, :tract, or parcel. of land into two or more parts, lots or sites, -for the purpose, whether immediate or future, of sale, division of ownership or building development. This also includes the resubdivision of land or lots which are a part of a previously recorded subdivision..,". We would urge you to get with the property owners of the rest of Parcel IV Block B, Culpepper Plaza Addition subdivision o submit to the City a resubdivision plat tote reviewed, approved and filed for record with the County,: so that when you are ready for a building permit in the future, the plat will be in place and thee. City can issue a building permit, and subsequently, you can proceed with your project. On properties that are. already developed built, we will issue no future permits until those properties. come into compliance with the City's subdivision regulations. If we can answer any questions for you, please do not hesitate to contact the Planning Division at (409)764-3570. Yours very truly, Sabine Kue11ze1 Senior Planner June 4, .1996 Steak & Ale of Texas, Inc. c/o S&A Restaurant Corporation 12404 Park Central Drive Dallas, TX 75251 RE: Subdivision of Culpepper Plaza Addition Block B Parcel IV To Whom it may Concern: Recently the City received an application for a resubdivision plat of the above referenced subdivision. During our research. concerning ownership of Parcel IV, it came to our attention that a subdivision of the property has already been made without benefit of a resubdivision plat. Apparently the sale was handled with a "metesand bounds" description of the property.. According to Brazos County Appraisal District records, Steak & Ale ofTexas, Inc. ownsthe Lot Improvements to a 1.2293 acre part of Parcel IV Block B of the Culpepper Plaza Addition subdivision. This lettercomes to you. as information regarding the City's subdivision regulations which state in Section 4-A and 4-B as follows: "The subdivider of a tract of land located within the limits or in the extraterritorial jurisdiction of the City. shall prepare and submit for approval a plat of the subdivision in accordance with Section 6 of this Chapter.. No building, repair, plumbing or electrical permit shall be issued by the City for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record." The definition of subdivision is as follows: "Subdivision means the division of a lot, tract, or parcel of land into two. or, more parts, lots or sites, for the purpose, whether immediate or future, of sale, division of ownership or building development. This also includes the resubdivision of land or lots. which are a part of a previously recorded subdivision...". We would urge you to get with the property owners of the rest of Parcel IV Block B, Culpepper Plaza Addition subdivision to have them submit to the City a resubdivision plat to be reviewed, approved and filed for record with the County, so that when you are ready for a building permit in the future, the plat will be in place and the City can issue a building permit, and subsequently, you canproceed with your project. On properties that are already developed/built, we may not issue future permits until those properties come into compliance with the City's subdivision regulations. If we can answer any questions for you, please. do not hesitate to contact the Planning Division at (409)764-3570, Yours very truly, Sabine Kuenzel Senior Planner w June 4, 1996 Culpepper Realty 1700 Kyle South Suite 240 College Station, TX 77840 RE: Subdivision: of Culpepper Plaza AdditiomBlock B Parcel IV To Whom it may Concern: Recently the City received an application for a resubdivision plat of the above referenced subdivision. During our research concerning ownership of Parcel IV, if came to our attention that a subdivision of the property has already been made: without benefit of a resubdivision plat. Apparently the sale was handled with a "metes and. bounds" description of the property. According to Brazos County Appraisal District records, Culpepper Realty owns a 2.57 acre part of Parcel IV Block"B of the Culpepper Plaza Addition subdivision. This letter comesto you as informaflon regarding the City's subdivision-regulations which state in Section 4-A and 4-B as follows: "The subdivider of a tract: of land located: within the limits or in the extraterritorial jurisdiction of the City shall. prepare. and submit for approval a plat of the subdivision in accordance with Section 6 of this Chapter. No building, repair, plumbing or electrical permit shall be issued by the City for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record." The definition of subdivision is as follows: "Subdivision means the division of a lot, tract, or parcel of land into two or more parts, ots or sites, for the purpose, whether immediate or future, of sale, division of ownership or building development. This .also includes the resubdivision of land or lots which are a part of a previously recorded subdivision...". We would urge you. to get with the property owners of the rest of Parcel IV Block B, Culpepper Plaza Addition subdivision to submit to the City. a resubdivision plat to be reviewed, approved and filed for record with the County, so that when you are ready for a building permit in the future, the plat will be in place and the City can issue a building permit, and subsequently you can proceed with your project. On properties that are already developed/built, we will issue no future permits until those properties come into compliance with the City's subdivision regulations. If we can answer any questions for you, please do not hesitate to contact the Planning Division at (409)764-3570, Yours very truly, Sabine Kuenzel SeniorPlanner June 4, 1996 Wyndham Management, Inc. Mr. Paul Clarke P. O. Box 4453 Bryan, TX 77805 RE: Subdivision of Culpepper Plaza Addition Block B Parcel IV Dear Mr. Clarke: Recently the City received an application for a resubdivision plat of the above referenced subdivision. During our research concerning ownership of Parcel IV, it came to our attention that a subdivision of the property has already been made without benefit of a resubdivision plat. Apparently the sale was handled with a "metes and bounds" description of the property. According to Brazos County Appraisal District records, Wyndham Management, Inc. owns a 1.449 acre and a .9 acre part of Parcel IV Block B of the Culpepper Plaza Addition subdivision. This letter comes to you as information regarding the City's subdivision regulations which state in Section 4-A and 4-B as follows: "The subdivider. of a tract of land located within the limits or in the extraterritorial jurisdictiomof the.City shall prepare and submit for approval a plat of the subdivision in accordance with Section 6 of this Chapter. No building, repair; plumbing or electrical permit shall be issued by the £ity for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record," The definition of subdivision is as follows: "Subdivision means the division of a lot, tract, or parcel of land into: two or more parts,. lots or sites, for the purpose, whether immediate or future, of sale, division of ownership or building development. This also includes the resubdivision of land or lots which are a part of a previously recorded subdivision...": We would urge you to get with the. properly owners of the rest of Parcel IV Block B, Culpepper Plaza. Addition subdivision to submit to the. City a resubdivision plat to be reviewed, approved and filed for record with the County, so that when you are ready for a building permit in the future, the plat will be in place and the City can issue a building permit, and subsequently, you can proceed with your project. On properties that are already developedJbuilt, we will issue no future permits until those properties come into compliance with. the City's subdivision regulations. If we can answer any questions for you, please do not hesitate to contact the Planning Division at (409)764-3570. Yours very truly, Sabine Kuenzel Senior Planner adopted by reference in Chapter 12, Section 2 of this Code of Ordinances. Definitions not expressly prescribed herein are to be construed in accordance with customary usage in municipal planning and engineering practices. (Ordinance No. 1816 of July 27, 1989) SECTION 4: SPECIAL PROVISIONS 4~A Plat Reouired The subdivider of a tract of land located within the limits or in the extraterritorial jurisdiction of the City shall prepare and submit for approval's plat of the subdivision in accordance with Section 6 of this Chapter. 4~B Unapproved Final Plat No building, repair, plumbing, or electrical permit shall be issued by the City for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record. 44=C Noncom liance With Standards No building repair, plumbing or electrical .permit shall be issued for any structure on a lot within a subdivision in -which .the. standards contained herein or referred to herein have not been complied with in full. 44®D No Citv Maintenance The City shall not repair, maintain, install or provide any streets or public utilities or services in any subdivision for which a final plat has not been approved and filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full. 44®E No Utility Service The City shall not sell or supply water, gas, electricity, or sewerage within a subdivision for which a final plat has not been approved and filed for record, nor in which the standards contained herein have not been complied with in full. 44=F Enforcement On behalf of the City, the City Attorney shall, when directed by the City Council, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this ordinance or the standards referred to herein with respect to any violation thereof which occurs within the City,. within. the extraterritorial jurisdiction of the City, as such jurisdiction is determined under the Municipal Annexation Act, or within any area subject to all or part of the provisions of this ordinance. 4~G .Record of Noncompliance If any subdivision- exists for which a final plat .has not been approved or in which the standards contained herein or referred to herein have not been complied with in full, the City Council shall pass a resolution reciting the fact of such noncompliance or failure to secure final plat .approval, and reciting the fact that the provisions of paragraphs 4-B, 4-C, 4-D, and 4-E of this section shall apply to the subdivision and lots therein. (1)_ The City secretary shall, when directed by the City Council, cause a certified copy of such resolution under the corporate seal of the'City to be filed in the Deed Records of the County. Rev. 11 /93 9-4 From: Jane Kee °To: City of College Station:City Hall(JDunn, I~'"Thomas, ... Date: 4/30/96 1:53pm Subject: Culpepper Addition Replat =-Reply 3 items we also decided. 1. - wo will support this kind of variance when there is no infrastructure needs that we can gain thru application of the ordinance as we have been 'interpreting it -that is by requiring the platting of all the property and 2. -we'll put a hold (if possible by the address in the bldg: permit program) on the vancat tracts that have yet to build - no permits until they leaglly plat (also includes bldg.s that got permits and THEN ileegally subdivied (no more permits) and 3. - wL I I notify the other property owners that this is what we are doing - tlris might encourage them to participate or clean up the problem. »> Shirley Volk 04!30/96 01:03pm »> Jun, Jane Rc I have talked about the problem Don Garrett and his client are having in trying to legally replat this lot in this subdivision- In trying to enforce the ordinance as we interpret it, ou occasions "we".become detrimental to development, rather than pro-development. It's that same old story we've all heard. Well, in some cases it's true! T1us person is trying to legally subdivide a portion of a subdivision and has found ttuu his research that most of that lot has been illegally subdivided. Now it becomes his responsibility to clean up everybody elses mistakes -and it becomes a very expensive burden, as well as a time consuming one. In cases like the Culpepper one, in the future we should first try to get the whole thing "legally subdivided", just as we do now, but if that becomes impossible or too burdensome, we can tell the applicant that the entire tract must be shown as it was legally platted, then. to show how it's been divided, and on each "lot" refer to the volume & page number of the recorded deed, add the date of the division and include a note "Not part of this plat" and "not platted". The owner of record might be included, too, for reference in the future. With this plat, the applicant should include a letter justifying the reason for this variance request to the subdivision regulations, referring to Section 5 of the subdivision regs. Hopefully, with this option, we will be able to help people more than we have in the recent past. As it turns out, this morning we met with Garrett & I was talking to him about doing thisand requesting a variance to the ordinance requirements in the form of a letter,.. and Ed mentioned that he had talked some time ago to Paul Clarke about developing the tract on the corner of Dominik & S. Kyle. Well that tract, as well as the Bentley House tract has been illegally subdivided, so I referred Don to Paul to maybe get some financial help for his client in final platting at least 4 tracts. Anyway, wanted to let you know that this is how we will be handling the Culpepper resubdivision, and any other plat in the future of similar nature where it becomes impossible for the person wanting to legally subdivide something is held hostage to those who have illegally subdivided when he can't get their cooperation. Maybe someday we'll be able to change the ordinance to make it clear in the ordinance as to what nceds to happen when. In this particular case, I gave Don Garrett a copy of the prelimurary plat Mike McClure turned in for the McDonald's subdivision to use as an example of what he can turn in for this replat. CC: City of College Station.City Hall(J,,Cannllaway, KLaza... ~ ~ ' t"'. . .~ c 1 1 \' '~ v Development Services Department May 31, 1996 City of College Station, Texas C/O City. Hall College Station, Texas Attention: Ms. Shirley J. Volk, Development Coordinator Re: Request for Variance to Subdivision Ordinances, City of College Station, Texas, .requiring the replatting of the "Entirety" of Tract N, Block "B", Culpepper Plaza Addition in the effort to plat a portion, thereof, (see attached drawing-Exhibit "A"). Dear Ms. Volk: On behalf of Mr. Lawrence Allen, owner of a portion of Tract N, Block "B", Culpepper Plaza Addition, We wish with. this letter to hereby apply for and make a request for a variance to Subdivision. Ordinances of the City of College Station,. Texas,. for requiring the replatting of all. of Tract N, Block "B" in developing at this time only the portion of Tract N, Block "B" .owned by Mr. Allen. Culpepper Plaza Addition was platted in April of .1978 into Parcels/Tracts I-N. Since that time,. Parcel/Tract N has been, perhaps illegally, divided by being sold off in cut-out tracts by metes .and bounds instead of being replatted as these parcels were cut out of the platted Parcel JTract N. As recently as January 1995, one of the lots in Parcel N was sold toanother person.. Why the property owners' were not instructed to plat their land, I do not know. As a matter of fact, every lot in parcel N has been sold to another buyer since late December. of 1990. This was all done without. the replatting of their lots, which made them unplatted and illegally subdivided. .Our client, on the other hand, .has. optioned to do the right thing and plat his lot in Parcel N. And for .his wanting to .plat his property,. he has been advised that he will have to replat every owners' property in Parcel N. Since someone else owns the land in question, it does not seem reasonable that our client should have to pay for the time and expense of platting property that he does not own. Plus, if he is forced to plat other peoples' property, he will have to get their signatures. to sign off on the replat. These people may or may not want to comply and sign the replat. I agree that the rest of Parcel N should be replatted but it should be done on a lot by lot basis not by having one person foot the entire cost of trying to have this done. The granting of this variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area, except to let others know that their lots are not platted. The granting of this variance will not have the effect of preventing the orderly subdivision of other land in the area. Platting the lot will only help in making others .follow suit and do the same. ectfully y Donald D. Garrett R.P.L.S. No. 2972 P.E. No. 22790 4444. Carter Creek Pkwy. #.108 Bryan, Texas .77802. From: Jane Kee To: City of College. Station.City Hall(JDunn, NThomas, ... Date: 4/30/961:53pm Subject: Culpepper Addition Replat -Reply 3 items we also decided. 1. - we will support this kind of variance when there is no infrastructure needs that we .can gain thru application of the ordinance as we have been interpreting it -that is by requiring the platting of all the property and 2. - we'llputa hold (if possible by the address in the bldg. permit program) on the vancat tracts that have yet to build - no permits until they leaglly plat (also includes bldg.s that got permits and THEN ileegally subdivied (no more permits) and 3. -we'll notify the other. property owners that this. is what we are doing -this might encourage them to participate or cleanup the problem. »> Shirley Volk 04/30/96 01:03pm »> Jim, Jane & I have talked about the problem Don Garrett and his client are having in trying to legally replat this. lot in this subdivision. In trying to enforce the ordinance as we interpret it, on occasions "we" become detrimental to development, rather than pro-development. It's that same old story we've all heard. Well, in some cases it's true! This person is trying to legally subdivide a portion of a subdivision and has found thru his research that most of that lot has been illegally subdivided. Now it.becomes hisresponsibilty to clean up everybody ekes mistakes -and it becomes a very expensive burden, as well as a tune consuming one. In cases like the Culpepper. one, in the future we should first try to get the whole thing "legally subdivided", just as we do now, but if that becomes impossible or too burdensome, we can tell the applicant that the entire tract must be shown as it was legally platted, then to show how it's been divided, and on each "lot" refer to the volume & page number of the recorded deed, add the date of the division and include a note "Not part of this plat" and "not platted". The owner of record might be included, too, for reference in the future. With this plat, the applicant should include a letter justifying the reason for this variance request to the subdivision regulations, referring to Section 5 of the subdivision regs. Hopefully, with this option, we will be able to help people more than we have in the recent past. As it turns out, this morning we met with Garrett & I was talking to him about doing this and requesting a variance to the ordinance requirements in the form of a letter, and Ed mentioned that he had talked some time ago to Paul Clarke about developing the tract on the comer of Domuiik & S. Kyle. Well that tract, as well as the Bentley House tract has been illegally subdivided, so I referred Don to Paul to maybe get some financial help for his client in final platting at least 4 tracts. Anyway, wanted to let you know that this is how we will be handling the Culpepper resubdivision, and any other plat in the future of similar nature where it becomes impossible for the person wanting to legally subdivide something is held hostage to those who-have illegally subdivided when he can't get their cooperation. Maybe. someday we'll be able to change the. ordinance to make it clear in the ordinance as to what needs to happen when. In this particular case, I gave Don Garrett a copy of the preliminary plat Mike McClure turned in for the McDonald's subdivision to use as an example of what he can turn in-for this replat. CC: City of College Station.City Hall(JCallaway, KLaza... a ,~ / J Y ~ ~ +~ i~j MINIIVIUIVI REQUIREMENTS FOR FINAL PLATS (ALL CITY RDINANCES MUST BE MET TNCLU~ING BUT NOT LIMITED TO THE FOLL .WING: {Requirements based on field survey and marked by monuments and markers) CL~1' 1. Drawn on 24" x 36" sheet to scale of 100' per inch. ~7-'"~f a. vicinity map which -includes enough of surrounding area to show general location of subject property in relationship to College Station and its City Limits. No scale requred but include north arrow. 2. Name & address of subdivider, recorded owner, planner, engineer and surveyor: ^ 3. Name & address of all .lenders on the property. ^ 4. Name & address of all easement holders. It'd'" 5. Proposed name of subdivision (not spelled or pronounced similarly to any other subdivision in Brazos County,"Texas).' Date ofpreparation, scale in feet and north arrow. 7. Application fee. 8. Construction documents on 24" x 36" sheets. ^ 9. Paid tax certificates from City. of College Station, Brazos County and the C.S.LS.D. [~ 10. Total «<~ea intended to be developed. 11. Subdivision boundary lines indicated. by heavy lines. 12. Certificate of Ownership & Dedication; Certificate `of Surveyorship and/or Engineer; Certif cate of City Engineer; Approval of Commission; ncl; Certificate of the County Clerk. (Owner(s)' signature(s) must be in place before taking plat to P&Z for consideration). ^ 13. Number of lots_ ® a. number of lots by Zoning District. b. average acreage of each residential lot by Zoning District. 14. Approximate area of street right-of--way. •~ ~ 15. Proposed parkland dedication information. ,~ ~..~ 16. Requested oversize participation items, if any. ~]''~~~ 17: Location of the One Hundred Yr. Floodplain according to the most recent available date. 18. If more than 1 sheet, an index sheet showing entire subdivision at a scale of 500 feet per inch. A i~ 19. Exact location, dimensions, name and legal description of all existing or recorded streets, alleys, reservations, easements or other R.O.W. within the subdivision, intersecting or contiguous with boundary or forming boundary with accurate dimensions, bearings or deflection angles and radii, area, center angle, degree of curvature, tangent distance and length of all curves. 20. Same information for proposed streets, alleys, etc: as preliminary plats. Q'" 2 L Lot corner markers and survey monuments (by symbol) and tied to basic survey data. ~' 22. Street, alley, and sidewalk plans,, profiles. and sections, with specifications. and detail cost estimates. 23. Sanitary sewer plat with 2 foot contours, plan and profile lines, showing depth and grades, with cost estimates.. 24. Water line plat showing fire hydrants, valves, etc. with specifications and a detailed cost estimate. 25. Storm drainage system plat with 2 foot contours, street lines, inlets, storm sewer and ///"" drainage channels,-with profiles and sections, and showing drainage. and runoff areas, and. runoff based on 5, 10, and 25 'year rain intensity. Detail drainage structure design and channel lining design if used, with specification and detail cost estimate. 26. Street lighting plan showing location of lights, design, and with specifications and detail cost estimate. 27. Submit a statement addressing any differences between the final plat and approved Master Preliminary Plat & Plana r--~~ ~~ 28. Indicate any variances requested, and reasons for same. 30. Are there impact fees associated with this development? 31. Add a general note that no private sewage facility maybe installed on any lot in this subdivision without the issuance' of a license by the Brazos County Health Unit under the provisions of the private facility regulations adopted by the Commissioners Court of Brazos County, .pursuant to theprovisions of Section 21.004 of the Texas Water Code. P al~~6i1p1~~8AS •.•.....•.•.•`•.•.•.•.•.•.• . _ CITY 4F COLLEGE STATl4N ,~`:~:;:;~;';'%';~;;~;~;:;::. .;.;.,.,.J.,.J.,.,.,.J.,.,~,:,~,.,. ,. .... ................. pEtJEL4PMENT SEEL'i~E~ J.I-'-`~'.,.,.,.,.;.,.,.,.,.;.,.;.,.,.,. ~, ~/t ~ ~~~•}~~~~~v~~J~ ~'~r~~v~I~j~~~J-J- //: i f~J~f~; ~J~i ,~,~,.J~i J~J~f~, ;! ~ J.,., ,•J.J1/.,.J.r.....J.1.1.J•(. J.f.f. f./-J•J•/~J~/~J•/ A~\•\~\~\~\'\'\'\'~'~'~'\'1•\•\•\•\•\•\•\•\•\'\'1'\•\~ .\.\.~.~.~.;.~.`.\•~.`•\-\^^•..\-\•.-\•`^•`•'^• ttOt TEXAS AL+E !'.;;`;`•;''f.J.J,r, •J•/.f...f•f.J.J•,•J•J./.f•,~f.f., .,.r.J.,.,.f.J.J.,.J.J......./.,.J./.J.J.J.J.,.J./.J.r 1 .. -1-;:~.•~.•~. i.•~.•~. i. i.•~.•~.y.•~. •~. \.•~. '. \ '. i \ \ i \ l 1~a l .,,.,•\,\•\-\,. •\•\•\•\•\•\,.,•\•, J•/•J.J. J./. J.l.J. J./. J. r.J.J./.J.J./.f./. J.J.J.J.J. J.J., ,.,., , J ,./•J J J / /.J./ J J J J J /•. / f J , f• COLLEGE "STATtQN, TE?:A~ 77840 .~'••.\•\ \ \ \ \ ,.\......•:.\.\-,.,.\.\•\•\•\.\•\.\.,.\.\•.• ..\•\ \ \ \ \-\~\ \ \ \ \•\•\•\ \ \ \ \ \•\ \ \ \ \ \ \•\• ~i•/•f•/•/•/ / J J J•/•J•r•J•J•r/•/•rf•J•/•rJ•f•!-J•J•f•I-J., I•J•! J . J•I• I J /•1_J f 1 J J / i_J / J I ! /•/•J •/ \•\•i•\•\•\ \ \ \ \ 4\•\•\•\•\•\•\•4\•\•\•\•\•l•l•\•\•\•\-1~\• Facsimile Cover Sheet To: ~ ~~~ Company: Phone: Fax: From: Company: .Phone: Fax: Date: Pages including this cover page: ~~ ~~- `~ ~ ~`~- t4O93 764-3570 C40~3 764-34~}f~ EAX ~~' J.J.J.J.J- ...., . ;.,.,. ,.,., •~' N -~ J J ~J ~ \v ^ ^ i 9~ o®~~. r~ y i k FILE NOTE REPEAT OF PART OF PARCEL IV, BLOCK B CULPEPPER PLAZA ADDITION The original plat does not show any divisions of Parcel IV. All of Parcel IV, Block B needs to be included in the replat - if the signatures cannot be obtained, a variance request must accompany the replat. Show the 100-year floodplain as indicated on Panel No. 144. The creek needs to be shown through all of Parcel IV. We will need a public drainage easement dedicated over the creek in accordance with the open channel easement requirements of the College Station Drainage Ordinance. Show the existing driveways. The drive that is shown. onto Kyle near the creek needs to be taken off. However, if all of Parcel IV is included in the plat, and if all existing and proposed driveways are shown, both on Parcel IV and opposite and adjacent drives, then driveways might be determined at this time. The vicinity map does not show a project location. Add the site location to the map. Add these notes to the general notes: Lots SR and 6R are considered a single building plot in terms of parking, access, and signage. Lots (Bentley House lot) and (vacant lot next to it) are considered a single building plot in terms of parking, access, and signage. Lots (Garcia's lot) and (strip commercial with Sweet Eugene's and the Suds and Pub) are considered a single building plot in terms of parking, access, and signage. Lots (Garcia's lot) and (strip commercial with Sweet Eugene's and the Suds and Pub) and Parcel I of Culpepper Plaza are considered a single building plot in terms of parking and access.