HomeMy WebLinkAbout02-00500150- 00074298~The Ci of 4 N
Station, Texas
Embracing the Past, Exploring the Fntnre.
Community Enhancement
P.O. Box 9960 300 Krenek Tap Road College Station, TX 77842 (979) 764-6363
www.ci.college-station.tx.us
MUD LOT Case No. 03-5213
January 29, 2004
Culpepper Family, Inc.
1700 George Bush East, Suite 240
College Station, TX 77840
RE: Lot 1-R, Ramparts Subdivision
College Station, TX 77840
Certified Mail Receipt # 7002 2410 0000 6244 2767
Dear Mr. Culpepper,
The property at 711 Church, Lot 1-R, Ramparts Subdivision is in violation of an agreement of a temporary
parking surface made by the Planning and Zoning Commission on October 17, 2002. The agreement
expired on August 31, 2003 and should either be brought into full compliance with parking standards or
should be reinstated to original condition as defined by the attached letter. Please reference the following:
Chapter 7.2 Section F & G, Unified Development Ordinance 2617 of the Code of Ordinances reads:
F. Requirements Apply to All Parking Areas Every parcel of land hereafter used as a public parking area,
excluding overflow parking for churches, including commercial parking lots, and parcels used for open-air
sales lots shall be developed and maintained in accordance with the requirements in this Section.
G.1. All surfacing of off-street parking areas shall be constructed of either asphalt or concrete as described
in the City of College Station Standard Specifications for Construction, Part VIII Standard Details.
This letter serves as acknowledgment of receipt of the requirements set forth by the Unified Development
Ordinance. If the property at 711 Church does not come into compliance within 45 days, citations can be
issued and may result in fines of up to $2,000 dollars per day per violation. The Community Enhancement
division will be monitoring the property for compliance
If you have any questions, feel free to call me 764-6363. Our offices are located at 300 Krenek Tap, next to
Municipal Court.
Sincerely,
Heather Cruce
Code Enforcement Officer
CC: Staff Planners
Eric Hurt, Fire Marshal
Home of Texas A&M University
Home of the George Bush Presidential Librztry and Museum
Eric Hurt - Mudlot notice 2 doc Page 1
July 9. 2003
Culpepper Fan- Iv. Inc.
1700 George Bush East, Suite 240
College Station. TX 77840
Re: Lot I-R, Ramparts Subdivision Certified Receipt # 7099 3400 0017 6090 1392
College Station, TX 77840
Dear Mr. Culpepper:
On October 17, 2002, the Planning and Zoning Commission approved a request for a temporan
parking lot for the above property-. This letter is a reminder that the Commission determined that
the temporan, parking lot must cease existence by August 31, 2003. By this date. in accordance
-%\ith Section 9.2.G of Ordinance No. 1638:
The lot must be brought up to full compliance vkith the parking lot standards applicable to
the use as required by the Zoning Ordinance [Ordinance No. 1638], or the lot. including all
pa-,ing material, must be removed and the area no longer used for the parking of vehicles.
If the lot is removed, the area must be sodded seeded, or hydromulched with grass ANithin
10 days of removal. Drit-ex av access shall be removed and curb and gutter replaced.
If the propen)- owner and/or a lessee determines the- -%vould like to continue the parking lot use on
a permanent basis, proper approvals and permits must be obtained from the City of College Station
and a Certificate of Completion issued by the Cite by the determined date of August 31, 2003.
If you have any questions, or need to receive a copy of the Planning and Zoning Commission
minutes or Ordinance No. 1638. please call me at (979) 764-3570.
Sincerely.
Molly Hitchcock, AICP
Stag Planner
Cc: File no. 02-150, Code Enforcement
ce- e- 0.r ri-e_ 44
MUDLOT RESEARCH
Prior to 1980
4/17/80
Circle Drive-In Movie Theater
P&Z Recommended approval of rezoning 2.0 acres out of the 9.26 acres from C-1 to R-6
- later developed as North Ramparts Condos.
5/1/80 Site Plan submitted for North Ramparts Condos.
7/22/85 Site Plan application filed with the City for a commercial parking lot (Phase I - 344
spaces) without asphalt or concrete surface. (Proposed rock surface.)
• Property zoned C-1 (commercial parking lot is permitted use)
8/15/85 Parking lot plan approved by P&Z.
• Site plan included Tracts C, E & part of D. (All 344 spaces were show on the
western half of the lot where the St. Mary's parking lot was recently approved. The
eastern half of the lot was shown as future parking area with no designated parking
spaces.)
• P&Z granted an appeal to the landscaping & island requirements for a two year time
period. (At that time, P&Z had authority to grant these variances.)
8/20/85 ZBA tabled the variance request to the striping requirements in Phase I since the
applicant was not present.
9/17/85 ZBA granted a variance to the striping requirements in Phase I based on the gravel
surface of the lot approved by the P&Z with the condition that the City require, through a
temporary C.O., that any substantial change be brought before the ZBA for
reconsideration. The special & unique condition is gravel, if that changes the ZBA
should reconsider the variance.
11/5/85 ZBA granted a variance to the striping requirements in Phase II.
11/6/85 Development Agreement executed - one year from date of Temporary C.O.
9/10/86 PRC approved a site plan to allow a booth for a parking attendant.
Fall 1986 Development agreement extended one year.
9/9/87 PRC approved a site plan for the next 4 phases (an additional 384 spaces to bring the total
to 728 total parking spaces) pending a new development agreement, new landscaping to
be installed, old landscaping to be maintained and a screening fence around perimeter of
phases 3 & 4.
• The agreement was signed by all except a representative of the estate of one owner
who had died.
1/19/88 ZBA granted a variance to the parking island requirements for "a period of one year,
intent is to phase in island replacements when asphalt pavement is installed". Staff report
references a 3.5 acre developed gravel parking lot. (The ordinance had changed requiring
variance from ZBA rather than P&Z.)
4/6/89 PRC reviewed the proposed development agreement.
4/20/89 P&Z recommended approval of the development agreement to include a waiver of items
#5 (installation of gravel) and #9 (removal of debris) until after June 1, 1989, but to
require full compliance to all other conditions now.
4/27/89 Council authorized a development agreement for one year from June, 1989, including the
recommendations of the P&Z and also postponing the installation of railroad tie
wheelstops, installation of gravel and the removal of debris until June 1, 1989.
• This is the last executed agreement we can find. (It is missing W.C. Boyett's
signature; however, he may be the estate representative of one owner who had died.
(See note on 9/9/87.)
7/19/90 P&Z recommended approval of the Development Agreement and that Mr. Harris be
required to apply a hard surface to the parking area and comply with all other City
standards by June 2, 1991. The P&Z asked that they be able to review the
recommendation & the revised document before being forwarded to Council.
8/2/90 P&Z revised their recommendation to Council to allow the renewal of the agreement for
another year without the compliance deadline but with the additional provision for
landscaping maintenace.
• In the P&Z minutes, Skipper Harris stated that 640 spaces parking spaces were
available.
8/23/90 City Council approved to continue the development agreement with the deletion of the
requirement that the grass be removed.
• Cannot find an executed agreement.
6/02 City staff noticed that the parking lot was being expanded without permits.
6/21 - 7/14/02 Enforcement correspondence between city staff and the owners/attorney.
7/15/02 Temporary parking lot site plan application filed with City. (Incomplete submittal. We
later met with the Culpepper's and their engineer to work out the deficiencies in the site
plan.)
10/3/02 P&Z authorized a temporary parking lot permit to expire on 8/31/03.
11/02 Approved the temporary parking lot site plan & followed up with a letter to the
Culpepper Family regarding the P&Z's decision.
LAWRENCE J. (LARRY) HASKINS
ATTORNEY AND COUNSELOR AT LAW
1700 GEORGE BUSH DR. EAST, SUITE 240
COLLEGE STATION, TEXAS 77840
bcstxlaw@aol.com
BOARD CERTIFIED
COMMERCIAL REAL ESTATE LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
TELEPHONE: (979) 696-1444
FACSIMILE: (979) 696-3651
July 31, 2002
Ms. Natalie Thomas Ruiz
Zoning Official
The City of College Station, Texas
P.O. Box 9960
College Station, Texas 77842
Via: Hand Delivered July 31, 2002
Mr. Bob Mosley
City Engineer
The City of College Station, Texas
P.O. Box 9960
College Station, Texas 77842
Via: USPS First Class Mail
Re: Alleged noncompliance on the "Mudlot" property; letter dated June 21, 2002, addressed
to John C. Culpepper, III, Manager, by Ms. Natalie Thomas Ruiz; letter dated July 23,
2002 addressed to John C. Culpepper, III, Manager, by Ms. Natalie Thomas Ruiz and Mr.
Bob Mosley.
Dear Ms. Ruiz and Mr. Mosley:
I have been retained by Culpepper Family, L.P., a Texas limited partnership, to advise
my client regarding the matters presented in the referenced letters, and to respond to said letters.
My client owns what is presently described as Lot 1-R (the "Subject Property"), Replat of The
Ramparts as described in Replat recorded in Volume 4512, at Page 277, of the Official Real
Property Records of Brazos County, Texas. On January 28, 2002 my client conveyed Lot 2-R
(the "Adjoining Property") within the same subdivision to the Bishop of the Diocese of Austin;
the Adjoining Property, and common access right-of-way easement between the Lots, is being
developed by St. Mary's Catholic Center. Your July 23, 2002 letter was delivered to a workman
employed to do work on the Adjoining Property; the workman was kind enough to deliver the
letter to my client's office.
Section 6 of the City of College Station Zoning Ordinance provides, in part, that any use,
building or structure existing at the time of the enactment of the Zoning Ordinance (March 13,
1986) may not conform with the provisions of the Zoning Ordinance. My client's affiliate
acquired the Subject Property on September 26, 1996. Since the time of my client's affiliate's
acquisition of the Subject Property, the Subject Property has been continually used as a parking
lot.
In order to determine the Subject Property's use prior to September 26, 1996, my client's
representative consulted with Judge George Boyett, a representative of the Boyett family entity(s)
owning the Subject Property since before 1975. Judge Boyett told my client's representative that
the Subject Property was first used as a parking lot about 1975, and was thereafter continuously
used as a parking lot until the time of my client's affiliate's acquisition of the Subject Property.
Ms. Ruiz and Mr. Mosley
July 31, 2002
Page 2
Except as discussed below, neither the use nor any structure located on the Subject
Property has been enlarged, extended, reconstructed, substituted, or structurally altered. During
May of 2002, my client commenced to place an approximately ten (10) feet by twenty (20) feet
section of asphalt paving at the South corner of the Subject Property. Since the paving did not
require any "curb cut", and merely surfaced an existing driveway area, my client's representative
mistakenly assumed that no building permit or other authorization would be required. I have
explained to my client's representative that his assumption was erroneous; my client's activities
related to such paving have ceased. I have also advised my client that the structurally altered
portion of the Subject Property can no longer be used as or for a parking lot. My client stands
ready to remove said structural alteration (pavement), replace same with grass, and no longer use
the structurally altered portion of the Subject Property as or for a parking lot.
However, because the Subject Property has been continuously used as a parking lot since
before March 13, 1986, as relates to the balance of the Subject Property not so structurally
altered, I have advised my client that the use of the Subject Property as and for a parking lot can
be continued as a non-conforming use. In so advising my client I am presuming that the
statements made by Judge Boyett are substantially correct, and the parking lot use was not in
violation of a zoning ordinance or classification in effect prior to March 13, 1986. Except as set
forth above, I do not presently understand why my client should be required to cease using the
Subject Property as a parking lot. My client may also elect to pursue site plan approval from the
Planning & Zoning Commission for a temporary parking lot, as provided in Section 9.G of the
Zoning Ordinance.
If you or any other member of the City Staff have any questions or comments regarding
the position of my client set forth in this letter, please feel free to contact me. If you have reason
to believe that my assumptions or conclusions described in this letter are erroneous, please
contact me immediately.
Very truly yours,
awrence J. Haskins
cc: Mr. Harvey Cargill
City Attorney
The City of College Station, Texas
P.O. Box 9960
College Station, Texas 77842
via: USPS First Class Mail
'af,w- U
September 5, 2002
Ms. Natalie Thomas Ruiz
College Station Planning and Zoining Board
The City of College Station, Texas
P.O. Box 9960
College Station, Texas 77842
Re: 3 acre tract known as the "Mudlot"
Dear Board Members,
Culpepper Family, LP owned a 6.235 acre tract known as the "Mudlot". Three acres of
this property was sold to St. Mary's Catholic Church in 2002. St. Mary's is currently building
a parking lot on their tract. The construction will be complete by October 1, 2002. Culpepper
Family, LP has allowed St. Mary's parishioners, employees and others to park on the remaining
3 acres still owned by Culpepper Family, LP while the church parking lot is under construction.
Culpepper Family, LP would like to continue operating its gravel parking area consisting
of approximately three acres. Culpepper Family, LP is actively pursuing and would much prefer
a new long term development for this property. Culpepper Family, LP recognizes the highest
and best use of this property is not a parking lot; however, until the property is developed the
operation of a temporary parking lot is requested. Continued operation of this parking area is
directly beneficial to several groups of people in the area including Texas Aggie Credit Union,
St. Mary's Church, First American Bank, A+ Tutoring, Fatburger, Hurricane Harry's and students
of Texas A&M University.
Culpepper Family, LP is committed to running a respectable parking business on this
property in a safe manor. A fulltime employee will be present on the property from 7:00 am till
2:30 pm, Monday thru Friday. A landscaped area will be provided on Church Street. Please
allow Culpepepr Family, LP the opportunity to operate this property as a temporary parking lot
until a more desirable development can be brought forward. Thank you for your consideration.
Sincerely,
Culpepper Family , LP
By: Culpepper Holding, LLC
oh~Jack) . Culpepper 111, Manager
1700 6eorge'Busk Oriue East, suite.oZ+0 • College StAtlolt, le,(M ~7~+0 • ~~~.6~6.1~t/fi~( ~~)C ~~~.6~6.~~51
Familiar with "MUD LOT". Harris began operating in 1985.
He has month to month lease with owner (Boyett).
Has a development agreement with the City to be reviewed
annually. Agreement presently allows for a gravel surface
and calls for maintenance of the surface, maintenance of
the landscaping, the wheelstops in the lot, the portable
toilet and office, keeping lot free from dust and debris.
Harris has complied with the agreement to date. We've had
no complaints.
P&Z considered agreement at 2 separate mtgs.
They are concerned with the fact that our ordinance calls
for paved and curbed parking lots for developments and that
this temporary lot has been in existence for 5 years now
without any paving or curbing. They wanted to require that
at the end of the next year the lot be paved. Mr. Harris
was unable to be at this meeting to respond.
2nd mtg.
Mr. Harris was there and indicated that he cannot make the
financial committment required to pave when he is on a
month to month lease. He cannot get a longer lease from
the Boyetts who ultimately want to sell the property for
development. If he is forced to pave he will have to close
the lot. The P&Z was very concerned that closing the lot
might worsen the existing congestion and parking the area.
Final vote was to recommend that CC extend the agreement as
is.
There is a statment in the agreement calling for removal of
the grass encroaching into the lot. Mr. Harris mows this
and contends that it helps in keeping down the dust problem
and would like not to be required to remove the grass.
Other than that he has no problem with the agreement.
So CC is being asked to extend this agreement with the
removal of the condition relative to the grass
encroachment.
During this upcoming year staff will look into alternatives
for addressing the parking problem in this area which may
range from municipal public parking to encouraging and
working with the private sector on lots such as this one.
This might entail such things as special financing
district, public pay lots, differnt development standards
for private lots.
parking permits to park on street
feasibility studies on municipal lots
Molly Hitchcock - temporary parking - P&Z agenda - Culpepper Page 1
From: Roxanne Nemcik
To: Kelly Templin; Molly Hitchcock; Natalie Ruiz
Date: 9/26/02 8:56AM
Subject: temporary parking - P&Z agenda - Culpepper
I have gone back and reviewed the zoning ordinance concerning this item and the staff report. Here is my
opinion concerning what review is required and which Commission or Committee must review the
application.
Section 9.2.6 allows for additional temporary parking when it is necessary to accommodate business or
patronage that was unanticipated when the facility first opened. The standards under which the temporary
parking is to be developed are the standards listed under 9.2.G Nos. 1 - 5.
There is a site plan review required using the procedures outlined in Section 10 of the zoning ordinance.
The Planning and Zoning Commission is the reviewing body for a temporary parking lot rather than the
PRC.
Natalie stated in the meeting yesterday that the applicant has indicated that this lot will be used for
temporary parking overflow for one of his existing businesses. If this is so, then I believe his application
can be brought forward to the P&Z under 9.2.G.
Molly should revise her staff report by deleting the reference under item summary to city's standards in
paragraph 5 on page 1; delete or revise the reference in paragraph 3 under item summary that reads
"staff does not believe a new substandard commercial parking lot meets the intent of the ordinance"
because the ordinance specifically allows for a temporary substandard lot if it is for overflow and if it is for
one year or less.
If you have any other questions about this we can revisit this agenda item. If the basis for the applicant's
request for the temporary parking is not, at least in part, for overflow then we would also have to review
and revise this item again.
Whether staff wants to recommend for or against is your decision. However, I would like to review the
basis for your recommendation for or against and would also like to see the revised report before it gets
placed in the agenda packet.
CC: Carla Robinson; Glenn Brown; Harvey Cargill
The Ci of
f Cole ge Station, Texas
Embracing the Past, Exploring the Future.
P.O. Box 9960 1101 Texas Avenue College Station, TX 77842 (979) 764-3500
www.ci.college-station.tx.us
November 12, 2002
Culpepper Family, Inc.
1700 George Bush East, Suite 240
College Station, TX 77840
Re: Lot 1-R, Ramparts Subdivision
College Station, TX 77840
Certified Receipt # 7099 3220 0000 7848 4098
Dear Mr. Culpepper:
This letter is to notify you that, as per the action taken by the Planning and Zoning Commission at
their meeting on October 17, 2002, the above property may function as a temporary parking lot
built to the standards on the approved site plan dated November 2002. The Commission
determined that the temporary parking lot must cease existence by August 31, 2003. By this date,
in accordance with Section 9.2.G of the Zoning Ordinance:
The lot must be brought up to full compliance with the parking lot standards applicable to
the use as required by the Zoning Ordinance, or the lot, including all paving material,
must be removed and the area no longer used for the parking of vehicles. If the lot is
removed, the area must be sodded, seeded, or hydromulched with grass within 10 days of
removal. Driveway access shall be removed and curb and gutter replaced.
If the property owner and/or a lessee determines they would like to continue the parking lot use
on a permanent basis, proper approvals and permits must be obtained from the City of College
Station and a Certificate of Completion issued by the City by the determined date of August 31,
2003.
If you have any questions, or need to receive a copy of the Planning and Zoning Commission
minutes or the Zoning Ordinance, please call me at (979) 764-3570.
Sincerely,
Molly Hitchcock
Staff Planner
Cc: File no. 02-150
Home of Texas A&M University
4
September 5, 2002
Ms. Natalie Thomas Ruiz
College Station Planning and Zoining Board
The City of College Station, Texas
P.O. Box 9960
College Station, Texas 77842
Re: 3 acre tract known as the "Mudlot"
Dear Board Members,
1
!,-s'-6 Z-
4 PM
Culpepper Family, LP owned a 6.235 acre tract known as the "Mudlot". Three acres of
this property was sold to St. Mary's Catholic Church in 2002. St. Mary's is currently building
a parking lot on their tract. The construction will be complete by October 1, 2002. Culpepper
Family, LP has allowed St. Mary's parishioners, employees and others to park on the remaining
3 acres still owned by Culpepper Family, LP while the church parking lot is under construction.
Culpepper Family, LP would like to continue operating its gravel parking area consisting
of approximately three acres. Culpepper Family, LP is actively pursuing and would much prefer
a new long term development for this property. Culpepper Family, LP recognizes the highest
and best use of this property is not a parking lot; however, until the property is developed the
operation of a temporary parking lot is requested. Continued operation of this parking area is
directly beneficial to several groups of people in the area including Texas Aggie Credit Union,
St. Mary's Church, First American Bank, A+ Tutoring, Fatburger, Hurricane Harry's and students
of Texas A&M Universi*y.
Culpepper Family, LP is committed to running a respectable parking business on this
property in a safe manor. A fulltime employee will be present on the property from 7:00 am till
2:30 pm, Monday thru Friday. A landscaped area will be provided on Church Street. Please
allow Culpepepr Family, LP the opportunity to operate this property as a temporary parking lot
until a more desirable development can be brought forward. Thank you for your consideration.
Sincerely,
Culpepper Family , LP
By: Culpepper Holding, LLC
ohn (Jack) Culpepper 111, Manager
1700 6tor9c 'Busk riuc Cast, Suitt 2~r0 Cottcc WiOK ~1cxaS M+0 • 979.b9b.lh+~t+ • f 676.W.5b51
9 S /C.x
June 11, 2002
John C. Culpepper, III, Manager
Culpepper Family, L.P.
1700 George Bush Drive East, Suite 240
College Station, Texas 77840-3351
Re: Notice to comply with the City's Ordinances on the "Mudlot" property.
Dear Mr. Culpepper:
This letter is a formal notice of noncompliance with the City's Codes and Ordinances as
they relate to the commercial parking lot located on Church Street formerly known as the
"Mudlot". The gravel parking lot located on Lot 1-R of The Ramparts Subdivision was
substantially altered and expanded without the required permits.
On Friday, May 17, 2002, City Code Enforcement Officer informed the
contractor working on the subject property to stop work immediately until the necessary
permits were obtained. It appears that the remaining work on the parking lot was
completed after you were notified without obtaining the required permits. As I stated in
our telephone conversation that same day, a Development Permit (Code of Ordinances
#1971, Chapter 13, Flood Hazard Protection, Section 3 General Provisions and
Applicability) and a Driveway Permit (Code of Ordinances #1971, Chapter 3,
Development of Streets, Section K.8, Driveway Access Location and Design Policy,
Permits) must be acquired before continuing work. In order to obtain these permits to
construct a parking lot, a site plan must be approved in accordance with the City's Zoning
Ordinance #1638. The application procedure is outlined in Section 10, Site Plan Review
Requirements which states, "Prior to any development other than single family or duplex
development, or for development pursuant to a conditional use permit, an applicant must
obtain site plan approved under this section. No such development shall be lawful or
permitted to proceed without final site plan approval."
To date, we have not received a site plan, development permit or driveway permit
application and therefore must begin enforcement proceedings. Upon receipt of this
letter, you must cease and desist all commercial parking lot activities until this matter is
resolved and you have obtained the required permits. I've outlined the following options
that are available to you:
(1) Submit a formal site plan in accordance with the City's Zoning Ordinance, the
application procedure is described in Section 10, Site Plan Review Requirements.
Please note that the entire parking lot must comply with the Minimum Parking
Requirements outlined in Section 9 which includes, but is not limited to, a paved
surface, parking lot islands and landscaping. Should you choose to vary from the
minimum standards prescribed in the ordinance, you must receive a variance to
each specific requirement before the site plan is approved and permits issued.
(2) Request a "Temporary Parking Lot" as outlined in the City's Zoning Ordinance,
Section 9.2G. The Planning and Zoning Commission may allow a parking lot
with a temporary gravel surface to exist on a temporary basis, not to exceed 12
months. The ordinance provides that "at the end of the 12 month period the lot
must be brought up to full compliance with parking lot standards applicable to the
use as required by the Zoning Ordinance or the lot, including all paving material,
must be removed and the area no longer used for the parking of vehicles".
I would like to reiterate that all commercial parking lot activities must cease immediately
upon receipt of this letter. Please be aware that if the parking lot remains in operation,
you will be written a citation. Fines for violation of this ordinance are up to $2,000.00
per day, per violation and will be set by the Municipal Court.
If you have any questions regarding this matter, please give me a call.
Sincerely,
Natalie Thomas Ruiz
Zoning Official
CC: Jon Mies, Fire Marshal - Community Enhancement Division
Harvey Cargill, City Attorney
Tom Brymer, City Manager
Kelly Templin, Director of Development Services
LAWRENCE J. (LARRY) HASKINS
ATTORNEY AND COUNSELOR AT LAW
1700 GEORGE BUSH DR. EAST, SUITE 240
COLLEGE STATION, TEXAS 77840
bcstxlaw@aol.com
BOARD CERTIFIED
COMMERCIAL REAL ESTATE LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
July 31, 2002
Ms. Natalie Thomas Ruiz
Zoning Official
The City of College Station, Texas
P.O. Box 9960
College Station, Texas 77842
Via: Hand Delivered July 31, 2002
Mr. Bob Mosley
City Engineer
The City of College Station, Texas
P.O. Box 9960
College Station, Texas 77842
Via: USPS First Class Mail
TELEPHONE: (979) 696-1444
FACSIMILE: (979) 696-3651
Re: Alleged noncompliance on the "Mudlot" property; letter dated June 21, 2002, addressed
to John C. Culpepper, III, Manager, by Ms. Natalie Thomas Ruiz; letter dated July 23,
2002 addressed to John C. Culpepper, III, Manager, by Ms. Natalie Thomas Ruiz and Mr.
Bob Mosley.
Dear Ms. Ruiz and Mr. Mosley:
I have been retained by Culpepper Family, L.P., a Texas limited partnership, to advise
my client regarding the matters presented in the referenced letters, and to respond to said letters.
My client owns what is presently described as Lot 1-R (the "Subject Property"), Replat of The
Ramparts as described in Replat recorded in Volume 4512, at Page 277, of the Official Real
Property Records of Brazos County, Texas. On January 28, 2002 my client conveyed Lot 2-R
(the "Adjoining Property") within the same subdivision to the Bishop of the Diocese of Austin;
the Adjoining Property, and common access right-of-way easement between the Lots, is being
developed by St. Mary's Catholic Center. Your July 23, 2002 letter was delivered to a workman
employed to do work on the Adjoining Property; the workman was kind enough to deliver the
letter to my client's office.
Section 6 of the City of College Station Zoning Ordinance provides, in part, that any use,
building or structure existing at the time of the enactment of the Zoning Ordinance (March 13,
1986) may not conform with the provisions of the Zoning Ordinance. My client's affiliate
acquired the Subject Property on September 26, 1996. Since the time of my client's affiliate's
acquisition of the Subject Property, the Subject Property has been continually used as a parking
lot.
In order to determine the Subject Property's use prior to September 26, 1996, my client's
representative consulted with Judge George Boyett, a representative of the Boyett family entity(s)
owning the Subject Property since before 1975. Judge Boyett told my client's representative that
the Subject Property was first used as a parking lot about 1975, and was thereafter continuously
used as a parking lot until the time of my client's affiliate's acquisition of the Subject Property.
Ms. Ruiz and Mr. Mosley
July 31, 2002
Page 2
Except as discussed below, neither the use nor any structure located on the Subject
Property has been enlarged, extended, reconstructed, substituted, or structurally altered. During
May of 2002, my client commenced to place an approximately ten (10) feet by twenty (20) feet
section of asphalt paving at the South corner of the Subject Property. Since the paving did not
require any "curb cut", and merely surfaced an existing driveway area, my client's representative
mistakenly assumed that no building permit or other authorization would be required. I have
explained to my client's representative that his assumption was erroneous; my client's activities
related to such paving have ceased. I have also advised my client that the structurally altered
portion of the Subject Property can no longer be used as or for a parking lot. My client stands
ready to remove said structural alteration (pavement), replace same with grass, and no longer use
the structurally altered portion of the Subject Property as or for a parking lot.
However, because the Subject Property has been continuously used as a parking lot since
before March 13, 1986, as relates to the balance of the Subject Property not so structurally
altered, I have advised my client that the use of the Subject Property as and for a parking lot can
be continued as a non-conforming use. In so advising my client I am presuming that the
statements made by Judge Boyett are substantially correct, and the parking lot use was not in
violation of a zoning ordinance or classification in effect prior to March 13, 1986. Except as set
forth above, I do not presently understand why my client should be required to cease using the
Subject Property as a parking lot. My client may also elect to pursue site plan approval from the
Planning & Zoning Commission for a temporary parking lot, as provided in Section 9.G of the
Zoning Ordinance.
If you or any other member of the City Staff have any questions or comments regarding
the position of my client set forth in this letter, please feel free to contact me. If you have reason
to believe that my assumptions or conclusions described in this letter are erroneous, please
contact me immediately.
Very truly yours,
awrence J. Haskins
cc: Mr. Harvey Cargill
City Attorney
The City of College Station, Texas
P.O. Box 9960
College Station, Texas 77842
via: USPS First Class Mail
r
August 20, 2002
Lawrence J. Haskins VIA HAND DELIVERY 8/23/02
Attorney & Counselor at Law
1700 George Bush Drive East, Suite 240
College Station, Texas 77840-3351
John C. Culpepper, III, Manager VIA HAND DELIVERY 8/23/02
Culpepper Family, L.P.
1700 George Bush Drive East, Suite 240
College Station, Texas 77840-3351
Re: Response to letter from Mr. Haskins dated July 31, 2002.
Dear Mr. Culpepper and Mr. Haskins:
Thank you for your response to our second letter of noncompliance for the subject
property commonly referred to as the "Mudlot". In your letter dated July 31, 2002, you
state that, "Section 6 of the City of College Station Zoning Ordinance provides, in part,
that any use, building or structure existing at the time of the enactment of the Zoning
Ordinance (March 13, 1986) may not conform with the provisions of the Zoning
Ordinance". This is a correct statement; however, I propose that the gravel parking lot on
lot 1R of the Ramparts subdivision does not meet this provision given the following:
(1) Aerials of this area in 1974, 1979 and 1981 show that a portion of the subject
property was open area or green space while the remainder was an unimproved
parking area for the drive-in movie theater. The Circle Drive-In movie theater
encompassed approximately 9.26 acres. In June of 1980, a final plat was
submitted to the City for the total 9.26 acres which created Tracts B (2.0 acres), C
(2.0 acres), D (2.0 acres) and E (3.26 acres). This plat was later filed on March
16, 1981 (volume 477, page 145) in preparation of The Ramparts Condominiums
(now known as Newport Condominiums) development on Tract B and a portion
of Tract D. On April 17, 1980, the Planning and Zoning Commission approved a
site plan for The Ramparts Condominiums on Tract B and a portion of Tract D.
The condominiums were later constructed as approved by the Commission, thus
abandoning the drive-in movie theater use and associated unimproved parking
area. Tracts C and D totaling 4.0 acres were replatted and filed on April 13, 1982,
into Tract D-1 (1.023 acres), Tract D-2 (1.016 acres) and Tract C (1.961 acres),
see volume 517, page 705. (Newport Condominiums is located on Tracts B and
D-1.)
Response to Haskins Letter
Dated July 31, 2002
August 23, 2002
Page 2 of 3
(2) In July of 1985, Skipper Harris submitted a site plan application for the Northgate
Parking Lot on Lots C, D-2 and E. On November 6, 1985, he entered into a
Parking Agreement with the property owner, Boyett Investments, Limited and the
City of College Station. This agreement was renewed on an annual basis until it
expired on May 1, 1990. Until 1985, any vehicles parking on the subject property
were parked there illegally. If the property retained it's nonconforming status, no
additional Parking Agreement would have been required.
(3) Section 7, Minimum Parking Requirements of The Zoning Ordinance in effect in
1985 (adopted on October 23, 1972 and replaced by the current Zoning Ordinance
on March 13, 1986) states that, "all off-street parking areas shall be all-weather
surfaced". The City Engineer at the time determined that gravel was not an all-
weather surface.
(4) As evidenced by a 1994 aerial, the parking lot that existed at that time, has been
substantially altered. In addition, Tracts C, D-2 and E were replatted in 2002, (see
volume 4512, page 277 filed on March 4, 2002). Lot 1-R (3.049 acres) also
known as the subject property and Lot 2-R (3.185 acres) was created. This was
done in preparation of the development of Lot 2-R into the St. Mary's Catholic
Chuch parking lot. In summary, the remaining parking lot on Lot 1-R was
substantially altered and expanded without the necessary permits and meeting the
minimum standards.
The letters of noncompliance issued on June 21, 2002 and again on July 24, 2002 are still
applicable.
To reiterate, a Development Permit (Code of Ordinances #1971, Chapter 13, Flood
Hazard Protection, Section 3 General Provisions and Applicability) and a Driveway
Permit (Code of Ordinances #1971, Chapter 3, Development of Streets, Section H. B,
Driveway Access Location and Design Policy, Permits) must be acquired before utilizing
the lot. In order to obtain these permits to construct a parking lot, a site plan must be
approved in accordance with the City's Zoning Ordinance #1638. The application
procedure is outlined in Section 10, Site Plan Review Requirements which states, "Prior
to any development other than single family or duplex development, or for development
pursuant to a conditional use permit, an applicant must obtain site plan approved under
this section. No such development shall be lawful or permitted to proceed without final
site plan approval."
Response to Haskins Letter
Dated July 31, 2002
August 23, 2002
Page 3 of 3
I've outlined the following options that are available to you:
(1) Follow up on the formal site plan application that you submitted on Monday, July
15, 2002. Once you've addressed all staff review comments, resubmit the plan to
be forwarded to the Commission for consideration of a "Temporary Parking Lot"
as outlined in the City's Zoning Ordinance, Section 9.2G. The Planning and
Zoning Commission may allow a parking lot with a temporary gravel surface to
exist on a temporary basis, not to exceed 12 months. The ordinance provides that
"at the end of the 12 month period the lot must be brought up to full compliance
with parking lot standards applicable to the use as required by the Zoning
Ordinance or the lot, including all paving material, must be removed and the area
no longer used for the parking of vehicles".
(2) Submit a site plan and construct a parking lot in accordance with the City's
Zoning Ordinance, the application procedure is described in Section 10, Site Plan
Review Requirements. Please note that the entire parking lot must comply with
the Minimum Parking Requirements outlined in Section 9 which includes, but is
not limited to, a paved surface, parking lot islands and landscaping. Should you
choose to vary from the minimum standards prescribed in the ordinance, you must
receive a variance to each specific requirement before the site plan is approved
and permits issued.
(3) Cease all parking lot activities, remove the entire temporary parking lot, and
restore the area to grass.
Please be aware that all parking lot activities must cease immediately upon receipt of this
letter. If you continue to allow cars to park on the site, you will be written a citation.
Fines for violation of each ordinance are up to $2,000.00 per day, per violation and will
be set by the Municipal Court.
If you have any questions regarding this matter, please give us a call.
Sincerely, Sincerely,
Natalie Thomas Ruiz Bob Mosley,
Zoning Official City Engineer
CC: Jon Mies, Fire Marshal - Community Enhancement Division
Harvey Cargill, City Attorney
Tom Brymer, City Manager
Kelly Templin, Director of Development Services
`The Ci f
Cole ge Station, Texas
Embracing the Past, Exploring the Future.
P.O. Box 9960 1101 Texas Avenue • College Station, TX 77842 (979) 764-3500
www.ci.college-station.tx.us
July 24, 2002
John C. Culpepper, III, Manager VIA HAND DELIVERY
Culpepper Family, L.P.
1700 George Bush Drive East, Suite 240
College Station, Texas 77840-3351
Re: Second Notification of Noncompliance on the "Mudlot" property.
Dear Mr. Culpepper:
This letter is a second formal notice of noncompliance with the City's Codes and
Ordinances as they relate to the commercial parking lot located on Church Street
formerly known as the "Mudlot". The gravel parking lot located on Lot 1-R of The
Ramparts Subdivision was substantially altered and expanded without the required
permits. On June 24, 2002, you signed for a certified letter from the City of College
Station dated June 21, 2002 which was the first formal notice of noncompliance. Since
that time, you ceased operation of the parking lot for a brief period. Recently the gates of
the parking lot were unlocked and cars were allowed to use the lot which is in direct
violation of the City's Codes and Ordinances as they relate to parking lots.
To reiterate, a Development Permit (Code of Ordinances #1971, Chapter 13, Flood
Hazard Protection, Section 3 General Provisions and Applicability) and a Driveway
Permit (Code of Ordinances #1971, Chapter 3, Development of Streets, Section H.8,
Driveway Access Location and Design Policy, Permits) must be acquired before
continuing work. In order to obtain these permits to construct a parking lot, a site plan
must be approved in accordance with the City's Zoning Ordinance #1638. The
application procedure is outlined in Section 10, Site Plan Review Requirements which
states, "Prior to any development other than single family or duplex development, or for
development pursuant to a conditional use permit, an applicant must obtain site plan
approved under this section. No such development shall be lawful or permitted to
proceed without final site plan approval."
We received your site plan application on Monday, July 15, 2002 and we are currently
reviewing your proposal. However, until the site plan is approved by the Planning and
Zoning Commission and the necessary permits obtained, the parking lot may not be
utilized. Upon receipt of this letter, you must cease and desist all parking lot activities
until this matter is resolved and you have obtained the required permits.
Home of Texas A&M University
Letter of Noncompliance
John C. Culpepper, III
July 23, 2002
Page 2 of 2
I've outlined the following options that are available to you:
(1) Submit a formal site plan in accordance with the City's Zoning Ordinance, the
application procedure is described in Section 10, Site Plan Review Requirements.
Please note that the entire parking lot must comply with the Minimum Parking
Requirements outlined in Section 9 which includes, but is not limited to, a paved
surface, parking lot islands and landscaping. Should you choose to vary from the
minimum standards prescribed in the ordinance, you must receive a variance to
each specific requirement before the site plan is approved and permits issued.
(2) Request a "Temporary Parking Lot" as outlined in the City's Zoning Ordinance,
Section 9.2G. The Planning and Zoning Commission may allow a parking lot
with a temporary gravel surface to exist on a temporary basis, not to exceed 12
months. The ordinance provides that "at the end of the 12 month period the lot
must be brought up to full compliance with parking lot standards applicable to the
use as required by the Zoning Ordinance or the lot, including all paving material,
must be removed and the area no.. longer used for the parking of vehicles".
(3) Cease all commercial parking lot activities, remove the entire temporary parking
lot, and restore the area to grass.
I would like to reiterate that all parking lot activities must cease immediately upon receipt
of this letter. Please be aware that if you continue to allow cars to park on the site, you
will be written a citation. Fines for violation of each ordinance are up to $2,000.00 per
day, per violation and will be set by the Municipal Court.
If you have any questions regarding this matter, please give us a call.
Sincerely,
kv
Bob Mosley,
City Engineer
CC: Jon Mies, Fire Marshal - Community Enhancement Division
Harvey Cargill, City Attorney
Tom Brymer, City Manager
Kelly Templin, Director of Development Services
Zoning Official
~ 111
July 8, 2002
Ms. Natalie Thomas Ruiz
Zoning Official
The City of College Station
1101 Texas Avenue
College Station, Texas 77842
(979)764-3500
Re: Response to your Letter of Noncompliance dated June 21, 2002
Dear Ms. Ruiz,
Thank you for your letter dated June 21, 2002 regarding the 3.049 acre property owned
by Culpepper Family, LP. Upon receipt of this letter we have complied with your order, "You
must cease and desist all commercial parking lot activities until this matter is resolved and you
have obtained the required permits." Your letter gave three options available to us. We would
like to proceed with option #2 in your letter. We will be calling you very soon for an
appointment so we may request a "Temporary Parking Lot" as outlined in the City's Zoning
Ordinance, Section 9.2G. Please be aware that this property has not been used for any
commercial parking lot activities by its owner since receiving your letter date June 21, 2002. We
look forward to working with you to resolve this matter.
Sincerely,
Culpepper Family, LP
By: Culpepper Holding, LLC
n (Jack) C. Culpepper, III
Manager
e I//
4V
1100 ~Georo~e Busk ~YiU2 EASt, Suite ~~(-0 • Golleo~e StAtiov~, ~exAS M4-0 • ~~~.6~6.1-t-~t-~ ~~~J~~
FILE NOTE
Jack Culpepper called today and left me a voice message stating that he has an agreement
with St. Mary's Catholic Church to allow parishioners to park on his lot free of charge
during the construction of the church parking lot. He said that he was going to unlock the
gates during construction to allow free parking & wanted to let me know.
I called Jack back this afternoon and left him a voice message that basically said:
The issue is not whether the lot is a paid parking lot or not. A paid parking lot is a
permitted use in that zoning district. The primary issue is that he constructed a parking
lot that doesn't meet our requirements and without the necessary permits. As far as we're
concerned, the parking lot is illegal until he addresses that issue. Until that issue is
addressed, he may not use that parking lot.
N Ruiz
July 3, 2002
The City of
`J College Station, Texas
Embracing the Past, Exploring the Future.
P.O. Box 9960 1101 Texas Avenue • College Station, TX 77842 • (979) 764-3500
www.ci.college-station.tx.us
June 21, 2002
John C. Culpepper, III, Manager VIA CERTIFIED MAIL
Culpepper Family, L.P.
1700 George Bush Drive East, Suite 240
College Station, Texas 77840-3351
Re: Notice to comply with the City's Ordinances on the "Mudlot" property.
Dear Mr. Culpepper:
This letter is a formal notice of noncompliance with the City's Codes and Ordinances as
they relate to the commercial parking lot located on Church Street formerly known as the
"Mudlot". The gravel parking lot located on Lot 1-R of The Ramparts Subdivision was
substantially altered and expanded without the required permits.
On Friday, May 17, 2002, Fire Marshal Jon Mies informed the contractor working on the
subject property to stop work immediately until the necessary permits were obtained. It
appears that the remaining work on the parking lot was completed after you were notified
without obtaining the required permits. As I stated in our telephone conversation that
same day, a Development Permit (Code of Ordinances #1971, Chapter 13, Flood Hazard
Protection, Section 3 General Provisions and Applicability) and a Driveway Permit
(Code of Ordinances #1971, Chapter 3, Development of Streets, Section H.8, Driveway
Access Location and Design Policy, Permits) must be acquired before continuing work.
In order to obtain these permits to construct a parking lot, a site plan must be approved in
accordance with the City's Zoning Ordinance #1638. The application procedure is
outlined in Section 10, Site Plan Review Requirements which states, "Prior to any
development other than single family or duplex development, or for development
pursuant to a conditional use permit, an applicant must obtain site plan approved under
this section. No such development shall be lawful or permitted to proceed without final
site plan approval."
To date, we have not received a site plan, development permit or driveway permit
application and therefore must begin enforcement proceedings. Upon receipt of this
letter, you must cease and desist all commercial parking lot activities until this matter is
resolved and you have obtained the required permits.
Home of Texas A&M University
Letter of Noncompliance
John C. Culpepper, III
June 21, 2002
Page 2 of 2
I've outlined the following options that are available to you:
(1) Submit a formal site plan in accordance with the City's Zoning Ordinance, the
application procedure is described in Section 10, Site Plan Review Requirements.
Please note that the entire parking lot must comply with the Minimum Parking
Requirements outlined in Section 9 which includes, but is not limited to, a paved
surface, parking lot islands and landscaping. Should you choose to vary from the
minimum standards prescribed in the ordinance, you must receive a variance to
each specific requirement before the site plan is approved and permits issued.
(2) Request a "Temporary Parking Lot" as outlined in the City's Zoning Ordinance,
Section 9.2G. The Planning and Zoning Commission may allow a parking lot
with a temporary gravel surface to exist on a temporary basis, not to exceed 12
months. The ordinance provides that "at the end of the 12 month period the lot
must be brought up to full compliance with parking lot standards applicable to the
use as required by the Zoning Ordinance or the lot, including all paving material,
must be removed and the area no longer used for the parking of vehicles".
(3) Cease all commercial parking lot activities, remove the entire temporary parking
lot, and restore the area to grass.
I would like to reiterate that all commercial parking lot activities must cease immediately
upon receipt of this letter. Please be aware that if the parking lot remains in operation,
you will be written a citation. Fines for violation of this ordinance are up to $2,000.00
per day, per violation and will be set by the Municipal Court.
If you have any questions regarding this matter, please give me a call.
Sinc y,
N talie Thomas Ruiz
Zoning Official
CC: Jon Mies, Fire Marshal - Community Enhancement Division
Harvey Cargill, City Attorney
Tom Brymer, City Manager
Kelly Templin, Director of Development Services
- - Page 1 _
1 Molly Hitchcock - Re: Mud Lot
From: Molly Hitchcock
To: Heather Cruce
Date: 11/17/2003 11:39:30 AM
Subject: Re: Mud Lot
I have sent all of the letters we determined necessary and courteous to inform them of the P&Z's decision,
what was required of them via the Zoning Ordinance, and what the consequences were. Code
Enforcement has been copied on all on all of the letters and Legal has received copies. Development
Services has done all it is able to do to enforce the ordinance and now leaves it to Code Enforcement to
do what it deems necessary.
Heather Cruce 11/17/2003 11:21:51 AM
I got a fwd from Chief about the mudlot parking lot and its status. At the moment it is blocked off and not
being parked on, but it has not been sodded or had a curb and gutter replacement. Do we want to send
another letter, or what do you want to do with this?
Heather Cruce
hcruce@cstx.gov
(979) 764- 6363 ext. 3799
MUDLOT RESEARCH
7/22/85 Site Plan application filed with the City for a commercial parking lot (Phase I - 344
spaces) without asphalt or concrete surface. (Proposed rock surface.)
• Property zoned C-1 (commercial parking lot is permitted use)
8/15/85 Parking lot plan approved by P&Z.
• Site plan included Tracts C, E & part of D. (All 344 spaces were show on the
western half of the lot where the St. Mary's parking lot was recently approved. The
eastern half of the lot was shown as future parking area with no designated parking
spaces.)
• P&Z granted an appeal to the landscaping & island requirements for a two year time
period. (At that time, P&Z had authority to grant these variances.)
8/20/85 ZBA tabled the variance request to the striping requirements in Phase I since the
applicant was not present.
9/17/85 ZBA granted a variance to the striping requirements in Phase I based on the gravel
surface of the lot approved by the P&Z with the condition that the City require, through a
temporary C.O., that any substantial change be brought before the ZBA for
reconsideration. The special & unique condition is gravel, if that changes the ZBA
should reconsider the variance.
11/5/85 ZBA granted a variance to the striping requirements in Phase Il.
11/6/85 Development Agreement executed - one year from date of Temporary C.O.
9/10/86 PRC approved a site plan to allow a booth for a parking attendant.
Fall 1986 Development agreement extended one year.
9/9/87 PRC approved a site plan for the next 4 phases (an additional 384 spaces to bring the total
to 728 total parking spaces) pending a new development agreement, new landscaping to
be installed, old landscaping to be maintained and a screening fence around perimeter of
phases 3 & 4.
• The agreement was signed by all except a representative of the estate of one owner
who had died.
1/19/88 ZBA granted a variance to the parking island requirements for "a period of one year,
intent is to phase in island replacements when asphalt pavement is installed". Staff report
references a 3.5 acre developed gravel parking lot. (The ordinance had changed requiring
variance from ZBA rather than P&Z.)
4/6/89 PRC reviewed the proposed development agreement.
4/20/89 P&Z recommended approval of the development agreement to include a waiver of items
#5 (installation of gravel) and #9 (removal of debris) until after June 1, 1989, but to
require full compliance to all other conditions now.
development agreement or one year from June, 1989, including the
4/27/89 Council authorized a the P&Z and also postponing the installation of railroad tie
recommendations of ravel and the removal of debris until June 1, 1989.
of g
wheelstops, installation (It
• This is the last executed agreement we can find. is missingWC. Boyett's
re; however, he may be the estate representative of one owner who had died.
signatu ,
(See note on 9/9187.)
royal of the Development Agreement and that Mr. Harris be
arking area and comply with all other City
7/19/90 P qu recommended app
required to apply a hard surface to the p
standards by June 2, 1991. The P&u document beforetbeing forwarded to council.
asked that recommendation & the revised doc agreement for
P&Z revised their recommendatio additional prov
deadline but with the ision for
nto Council Council to allow the renewal of the 8/2/90 another year without the Compliance
arking spaces were
landscaping maintenace. er Harris stated that 640 spaces p
• In the P&Z minutes, Skipper
available.
8/23/90 City Council approved to continue the development agreement with the deletion of the
requirement that the grass be removed.
• Cannot find an executed agreement.
Ito
1
The City of
College Station, Texas
Embracing the Past, Exploring the Future.
P.O. Box 9960 1101 Texas Avenue College Station, TX 77842 (979) 764-3500
www.ci.college-station.tx.us
July 9, 2003
Culpepper Family, Inc.
1700 George Bush East, Suite 240
College Station, TX 77840
Re: Lot 1-R, Ramparts Subdivision
College Station, TX 77840
Certified Receipt # 7099 3400 0017 6090 1392
Dear Mr. Culpepper:
On October 17, 2002, the Planning and Zoning Commission approved a request for a temporary
parking lot for the above property. This letter is a reminder that the Commission determined that
the temporary parking lot must cease existence by August 31, 2003. By this date, in accordance
with Section 9.2.G of Ordinance No. 1638:
The lot must be brought up to full compliance with the parking lot standards applicable to
the use as required by the Zoning Ordinance [Ordinance No. 1638], or the lot, including
all paving material, must be removed and the area no longer used for the parking of
vehicles. If the lot is removed, the area must be sodded, seeded, or hydromulched with
grass within 10 days of removal. Driveway access shall be removed and curb and gutter
replaced.
If the property owner and/or a lessee determines they would like to continue the parking lot use
on a permanent basis, proper approvals and permits must be obtained from the City of College
Station and a Certificate of Completion issued by the City by the determined date of August 31,
2003.
If you have any questions, or need to receive a copy of the Planning and Zoning Commission
minutes or Ordinance No. 1638, please call me at (979) 764-3570.
Sincerely,
Molly Hitchcock, AICP
Staff Planner
Cc: File no. 02-150; Code Enforcement
Home of Texas A&M University
Home of the George Bush Presidential Library and Museum
Is your RETURN ADDRESS completed on the reverse side?
7099 3400 0017 6090 1392
N yy y
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Thank you for using Return Receipt Service.
The Ci of
`I College Station, Texas
Embracing the Past, Exploring the Future.
P.O. Box 9960 1101 Texas Avenue College Station, TX 77842 (979) 764-3500
www.ci.college-station.tx.us
November 12, 2002
Culpepper Family, Inc.
1700 George Bush East, Suite 240
College Station, TX 77840
Re: Lot 1-R, Ramparts Subdivision
College Station, TX 77840
Certified Receipt # 7099 3220 0000 7848 4098
Dear Mr. Culpepper:
This letter is to notify you that, as per the action taken by the Planning and Zoning Commission at
their meeting on October 17, 2002, the above property may function as a temporary parking lot
built to the standards on the approved site plan dated November 2002. The Commission
determined that the temporary parking lot must cease existence by August 31, 2003. By this date,
in accordance with Section 9.2.G of the Zoning Ordinance:
The lot must be brought up to full compliance with the parking lot standards applicable to
the use as required by the Zoning Ordinance, or the lot, including all paving material,
must be removed and the area no longer used for the parking of vehicles. If the lot is
removed, the area must be sodded, seeded, or hydromulched with grass within 10 days of
removal. Driveway access shall be removed and curb and gutter replaced.
If the property owner and/or a lessee determines they would like to continue the parking lot use
on a permanent basis, proper approvals and permits must be obtained from the City of College
Station and a Certificate of Completion issued by the City by the determined date of August 31,
2003.
If you have any questions, or need to receive a copy of the Planning and Zoning Commission
minutes or the Zoning Ordinance, please call me at (979) 764-3570.
Sincerely,
Molly Hitchcock
Staff Planner
Cc: File no. 02-150
Home of Texas A&M University
Is your RETURN ADDRESS completed on the reverse side?