HomeMy WebLinkAbout02-00500230- 00075739 The City of
Station,
College Texas
Embracing the Past, Exploring the Future.
g � P S
Legal Department
P.O. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 • (979) 764 -3507 • FAX: (979) 764-3481
www.ci.college - station.tx.us
March 19, 2003
Via Certified Mail - Return Receipt Requested # 7001 0360 0002 1624 5742
Mr. Scott J. Conrad
SETTLE & POU, P.C.
Fitzhugh Central Building - Tenth Floor
4131 North Central Expressway
Dallas, Texas 75204
RE: 13101 Wellborn Road
Dear Mr. Conrad:
Your correspondence of March 12, 2003, addressed to Ms. Jennifer Reeves with the City
of College Station Development Services, has been referred to our office. Contrary to the
information that you apparently possess, the City of College Station has not required that Mr.
and Ms. Kountakis, the current landowners of the above - described site, remove the off - premise
commercial sign owned by your client. Under the City's current zoning ordinance, the
Kountakis' site is permitted one freestanding sign or any number of low profile signs (as long as
there is a minimum separation between the low profile signs of 150 feet). Your client's sign
meets the definition of a freestanding commercial sign under the City's ordinance. The
Kountakis have been advised that Lamar's sign may remain on their site, but that they may not
construct a second freestanding commercial sign unless they apply for and are granted a variance
from the ordinance requirement. The City neither advised nor encouraged them to request that
Lamar remove their sign.
/: IGROUPILEGALIDepartmentFi leslDevelopmentS�sgSN+Qrti OY= YOlt
Home of the George Bush Presidential Library and Museum
Mr. Scott J. Conrad
Page 2
March 18, 2003
I am enclosing a copy of the applicable provisions of the zoning ordinance for your
clarification. Should you have additional questions or wish to discuss this matter further, please
feel free to call me.
Very truly yours, Y0401)7/(_./
( Carla A. Robinson
Senior Assistant City Attorney
Enclosure
cc: Jennifer Reeves 1 /
/:IGROUPILEGALIDepartment FileslDevelopment ServiceslLaMarAdvertising103 -19 -03 Conrad Ltr.doc
12.2 DEFINITIONS
SIGN means any written or raphic representation, decoration, form, emblem, trademark, flag
banner, or other feature or device of similar character which is used for the communication of'
commercial information, or communication of ideas or subjects of political significance, and
which:
A. Is a structure or any part thereof, including the roof or wall of a building, or a free standing
wall or fence;
B. Is written, printed, projected, painted, constructed or otherwise placed or displayed upon or
designed into a building, board plate, canopy, awning or vehicle, or upon any material,
object or device whatsoever; and
C. By reason of its form, color, wording symbol design, illumination or motion attracts or is
designed to attract attention to the subject thereof, or is used as a means of identification,
advertisement or announcement.
D. A sign shall be considered to be a single display surface, a double -faced display surface, or
dispray device containing elements clearly organized, related and composed to form a unit.
Where matter is displayed in a random manner without organized relationship of elements or
where there is reasonable doubt about the relationship of elements, each element shall be
considered to be a single sign provided, however, that the display of merchandise through
glass windows in any zone where such merchandise may be sold in the ordinary course of
business shall not constitute a sign or signs.
APARTMENT/CONDOMINIUM/MOBILE HOME PARK IDENTIFICATION SIGN: An
attached sign or a freestanding sign with permanent foundation or moorings, designed for
identification of a multi - family residential project or a mobile home park project, and where
adequate provision is made for permanent maintenance hereunder.
(As amended by Ordinance No. 1695 dated February 12, 1987)
AREA IDENTIFICATION SIGN: A freestanding or wall sign with permanent foundation or
moorings, designed for identification of subdivisions of ten (10) to fifty . (50) acres, or
identification of a distinct area within a subdivision, and where adequate provision is made for
maintenance hereunder.
ATTACHED SIGN: A sign attached to or applied on and totally supported by a part of a
building.
BANNER/FLAG: A piece of fabric used for decoration (contains no copy or logo) or for
identification (contains copy and /or logo).
COMMERCIAL SIGN: A sign which directs attention to a business, commodity, service,
entertainment, or attraction sold, offered or existing.
(As amended by Ordinance No. 1954 dated April 9, 1992)
DEVELOPMENT SIGN: A sign announcing a proposed subdivision or a proposed building
project.
(As amended by Ordinance No. 1702 dated April 23, 1987)
DIRECTIONAL TRAFFIC CONTROL SIGN: A sign utilized as a traffic control device in off -
street parking or access areas.
FREESTANDING COMMERCIAL SIGN: A sign supported by one or more columns, poles or
bars extended from the ground or from an object on the ground, or that is erected on the ground;
the term includes all signs which are not substantially supported by a building or part thereof, or
which are substantially supported by a building or part thereof, when the sole significant purpose
of the building or part thereof, is to support or constitute the sign.
(As amended by Ordinance No. 1954 dated April 9, 1992)
FUEL PRICE SIGN: A sign used to advertise the current price of fuel at locations where fuel is
sold.
Zoning Ordinance Page 12 - 2
K. FREESTANDING COMMERCIAL SIGNS: Freestanding commercial signs are allowed
only on developed commercial property in A -P, C -1, C -2, C -3, C -B, M-r and M -2 zone.
One freestanding sign shall be allowed in an A -P zone only when the premise has a
minimum of 2 acres, subject to the requirements set forth in Table II. One low profile
sign shall be allowed in an A -P zone when the premise has less than Two (2) acres
subject to the requirements set forth in Table II. Height, area and setback requirements
for all other freestanding signs are found in Tables I and II. See Section 12.3 concerning
banners and flags.
A. premise with Less than 75 feet of frontage shall be allowed to use one low profile sign.
A premise with more than 75 feet of frontage shall be allowed to use Table I standards
for one freestanding sign rather than one low profile sign.
A premise with more than 150 feet of frontage shall be allowed to use Table I standards
for one freestanding sign or any number of low profile signs as long as there is a
minimum separation between signs of 150 feet.
Premises with less than 75 feet of frontage may be combined in order to utilize signage
corresponding to the resulting frontage as descn in the preceding two paragraphs.
The sin applicant may elect the frontage street where two streets at the corner are
classified the same on the thoroughfare plan. If on two differently classified streets, then
the greater shall be considered the frontage street.
No more than one freestanding sign shall be allowed on any premises except when all of
the following conditions are met:
1. The site must be zoned C -1, C -2, C -3, C -B, M -1 or M -2.
2. The site must be twenty -five (25) acres or more in area.
3. The site must have 1,000 feet (or more) of continuous unsubdivided frontage on any
major arterial street (as classified in the thoroughfare plan) toward which one
additional freestanding sign is to be displayed.
Balloons or gas - filled objects may be used for display or advertising for special events
with no required permit. Maximum height sixty (60) feet. One use allowed for 3 days
maximum time per premise per 30 day period.
(As amended by Ordinance No. 1676 dated September 11, 1986)
L. ATTACHED SIGNS: Attached signs in areas zoned C -N, A -P, C -1, C -2 C -3, C -B, M-
land M -2 are commercial signs under this section. An attached sign shall advertise only
the name of, uses of, or goods or services available within the building to which the sign
is attached. Such sign shall be parallel to the face of the building, shall not be
cantilevered away from the structure, and shall not extend more than one foot from any
exterior building face, mansard, awning or canopy (see Roof Sign definition). There
shall be no painted roof signs.
M. FLAGS: One freestanding corporate flag per premise, not to exceed 40 feet in height or
100 sq.ft. in area is allowed in multi family, commercial, and industrial zones or
developments.
(As amended by Ordinance No. 1888 dated July 11, 1991)
Zoning Ordinance Page 12 - 7
SETTLE & Pou, P.C.
ATTORNEYS AND COUNSELORS
MICHAEL S. BYRD JEFFREY J. PORTER
SCOTT J. CONRAD FITZHUGH CENTRAL BUILDING - TENTH FLOOR ROBERT L. POU III
MARSHA L. DEKAN 4131 NORTH CENTRAL EXPRESSWAY SHARON REULER
J. GARTH FENNEGAN DALLAS, TEXAS 75204 RALPH E. (GENE) ROBERTS, JR.
DON GWIN t JOHN D. (JAY) SETTLE, JR.
BENJAMIN F.S. HERD J. ALLEN SMITH
BARRY D. JOHNSON (214) 520 - 3300 DOUGLAS W. SWEET
H. NORMAN KINZY (800) 538 - 4661 CLAY M. TAYLOR
CARL W. MORGAN STEVEN M. THOMAS
JEFFREY W. MOSTELLER FACSIMILE: (214) 526 - 4145 CLIFF A. WADE
DAVID M. O'DENS t E -MAIL: lawfirmasettle- pou.com
HOME PAGE: http: / /www.settle- pou.com
WRITER'S DIRECT NO.
t ALSO ADMITTED IN OKLAHOMA
(214) 560 -1734
March 12, 2003
Via Certified Mail No. 7160 3901 9844 2660 2257
Ms. Jennifer Reeves
City of College Station
Texas Planning Department
P.O. Box 9960
College Station, Texas 77842
Re: 13101 Wellborn Road
Our File No. 03 -0725
Dear Ms. Reeves:
We are the trial attorneys for Lamar Outdoor Advertising ( "Lamar "). This letter is in
reference to the City of College Station's (the "City ") action with regard to the property located
at 13101 Wellborn Road, the current landowners being Mr. and Mrs. Pete Kountakis (the
"Property "). Our client has learned that Mr. and Mrs. Kountakis are seeking approval of a site
plan relating to the Property and the City has placed a condition on approval of such plan.
Evidently, such condition is that the City is requiring Mr. and Mrs. Kountakis to force Lamar to
remove from the Property an outdoor advertising sign owned by Lamar.
Such a requirement by the City is called an "exaction". The United States Supreme Court
has ruled that such an exaction is illegal and improper when used in the context described as this
requirement offends the constitutionally protected property rights held by Lamar. Lamar hereby
requests that the City's action of placing such conditions to granting approval of the site plan for
Mr. and Mrs. Kountakis be reassessed and in the end discontinued.
In the event the City continues to proceed with such an exaction on the property interests
held by Lamar relating to the Property, our client has authorized us to take the appropriate legal
actions against the City. Such actions would include seeking the payment of just compensation by
the City to Lamar for Lamar's property interests affected. In the alternative, should the City desire
to open negotiations concerning the purchase of our client's property interests, or should you have
Ms. Jennifer Reeves SETTLE & Pou, P.C.
March 12, 2003
Page 2
any other questions concerning this correspondence, please feel free to contact our office. Thank
you for your courtesies in this regard.
Very truly yours,
5____47 /
Scott J. Conrad
SJC /nur
FITZHUGH CENTRAL BUILDING - TENTH FLOOR • 4131 NORTH CENTRAL EXPRESSWAY • DALLAS, TEXAS 75204
TELEPHONE: (214) 520 -3300 • (800) 538 -4661 • FACSIMILE: (214) 526 -4145
vLI . J. GUVL t uci ILL « i w -\if\_ �C,L,5
M k y — ? , ) c ) 03
M[H0EMNDvM
. •
. .
To: H. Chris Stoles
From J. Allen Smith - Li
Michael S. Byrd
cc: Jim McIlwain, Esq.
Subject; Lim Out door A S M
Proposed Ordinance Change to Article 3, Section 106.074
Our File No. 94
Date: September 10, 2002
Pursuant to your request, we have reviewed the proposed revisions to the San
Marcos City Ordinance, Article 3, Section 106.074(3)(b). This section proposes that
off - premise signs shall be removed when the property on which the sign is located is
permitted for development or redevelopment, The proposed ordinance sets out a laundry
list of conditions that will require removal, including issuance of a development permit for
an undeveloped tract, issuance of a building permit for expansion of 30 percent or more
of the existing primacy structure, issuance of a building permit for remodeling of 50
percent or mote of the existing primary structure, and issuance of a permit for a new on
premise sign.
This proposed ordinance provision directly coa:flicts with United States Supreme
Court and Texas Supreme Court rulings and would be invalid. This ordinance violates the
well settled doctrine of "unconstitutional conditions," which states that a government may
• not regbire a person to give up a constitutional right as a condition to a discretionary
benefit (i.e., permit) conferred by the goverument. In fact, a Texas court stated that
"governmental entities cannot act to gain an unfair advantage by imposing restrictions or
prohibitions on the use of property in order to prevent private development. ...'$
t See Noltan v. CaLijbrnia Coastal Comadmion, 107 S.Ct. 3141 (1987); Dolan v. CYry of Tigard, 114 S.Ct.
* 09 (1994); State v. Biggar, 873 S.W.2d 11,14 (Tex. 1994); Cty efilouston v. Kolb, 982 S.W,2d 949 (Tex. App.
Houston [l4 Dist.] 1999, pet. denled).
• 2 Kolb. 982 S.W.2d at 954, n. 5 (citing State v. Bigger)
.l.
Ed Wd82:60 200E BE 'L ref Z6TZtLL60b : '0N dNOHd NOXXB 818d : WOeid
J;Gfe,:u• LVUL '}::)JrIY! JCI tL[ a ruu Iuu. Usu r, 9
This ordinance potentially could be construed in two different ways. First, it could
be construed to condition permit approval upon removal of a sign. Second, it could be
construed not to condition approval of the permit on removal of the sign but to require
removal upon issuance of a permit that meets the ordinance's criteria. Bather way, this is
an unconstitutional deprivation of the sign company's vested property right .
• The case law is clear that a municipality can not force a property owner to give up
a vested property right through the permitting process. Due to the rulings by the highest
court in Texan and the highest court in the United States, this proposed ordinance would
be found illegal as violating Lamar's constitutional right In addition to recognition by
these courts that such an ordinance would be unconstitutional, these courts recognize
entitlement to money damages in the takings context s
If you have any questions or concerns or would like to fturther discuss those cases,
please do not hesitate to call me.
•
PAt rrIGA \14811 aerao.003.wpd
•
3 S cases cited supra above n. 1. •
4 See cases oiled apt above n. 1.
S See cases cited irrgira n. 1.
-2-
Id WtiL2:60 200E 8E 'uef Z6Zi1722.60b : '0N dNOHd NOXX3 dlad : WONJ
air. � u . Lvuc � + : D / r i w o G i r�r ruu.; NU. U,3U F. 4
MEMOMIIDUM •
To: H. Chris Stokes
From: 3, Allen Smith
Michael S. Byrd
cc: Jim Mdllwaiu, Esq.
Subject: amar ,Outdaor Advertisjjg /Cby of s Mamma
Proposed Ordinance Change to Article 3, Section 106,074
Our File No. 94 -7481
Date: September 10, 2002
•
Pursuant to your request, we have reviewed the proposed revisions to the San
Marcos City Orditemce, Miele 3, Section 106.074(3)(b), This section proposes th
off - premise signs shall be removed when the property on which the sign is located is
permitted for development or redevelopment. The proposed ordinance sets out a laundry
list of conditions that will require removal, including issuance of a development permit for
an undeveloped tract, issuance of a budding permit for expansion of 30 percent or more
of the existing primary structure, issuance of a building permit for remodeling of 50
percent or more of the existing primary structure, and issuance of a permit for a new on-
premise sign.
This proposed ordinance provision directly conflicts with United States Supreme
Court and Texas Supreme Court rulings and would be invalid. This ordinance violates the
well - settled doctrine of "unconstitutional conditions," which states that a government may
• not require a person to give up a constitutional right as a condition to a discretionary
benefit (i.e„ permit) conferred by the government.' In fact, a Texas court stated that
"governmental entities cannot act to gain an unfair advantage by imposing restrictions or
prohibitions on the use of property in order to prevent private development. . ..'a
i See Nollan v, Caiijbrnia Coastal Commission, 107 S.Ct. 3141 (1987); ratan v. Cky cf Tigard 114 S.Ct.
09 (1994); Stare v. Biggar, 873 S.W.2d 11, 14 (Tex. 1994), Ctry of Roaston v, Kolb, 982 S,W.24 949 (Tex, App.
Houston (14A Dist.] 1999, pet. denied).
2 Kolb, 982 S. W.24 At 954, n. 5 (citing State v. Bigger)
-1-
sri, 1 ';2002 4 : bhilI ILE & FUU N0, 030 P. 5
Tbis ordinance potentially could be construed in iffe , Prat, it
two d` ways, F' emit
be constraed to Condition termit =royal mum removal nf. ACM. CP.tnnd it nnm1r1 hp
FROM : PETE EXXON PHONE NO. : 4097741192 Jan. 28 2003 09:34M P1
erijd i 4°
•
) /
Kop (3604 XOuvAlC_C _
A-4 [91-F& P4i
16q,*03 or
ii1
rs T tk 0 17 i i)-( q
4ziot wif\ui as rei) /Yvhi bi
10\P- 1/4-eitr
criAikk (flu/
41Adur
r •
Wellborn Road Mini - Storage Project
Strict Compliance
• Mechanical equipment and solid waste containers visible from residential areas or
public ROW to be screened
• Architectural relief incorporating two design elements (canopies, wall plane
projections /recessions, vertical expression of structural bays, columns, pilasters,
etc.) every 45' of front or main facade
• Architectural relief (canopies, wall plane projections /recessions, columns,
pilasters, etc.) every 60' of other facades visible from ROW
• Roof line on front facade shall vary a minimum of 2 feet (up or down) so that no
more than 66% of roofline is on same elevation
• Building material on facades visible from the ROW shall be brick, stone, marble,
granite, tile, etc. (Stucco, EIFS, hardboard, concrete products w /integrated color
or pattern also allowable but limited to 75% of facade)
• Single buildings or a combination of buildings 20,000 or more shall have brick
stone, marble, granite, or split face masonry on lower 30 inches of wall on all
facades visible from ROW
• Building colors shall match approved palette. Other colors shall not exceed 15%
of facade and be submitted to the administrator for approval.
• Bike rack t1 a
V
Recommended Minimum Requirements
• Building material on facades facing Wellborn Road shall be brick, stone, marble,
granite, tile, etc.
• Building colors shall match approved palette. Other colors shall not exceed 15%
of facade and be submitted to the administrator for approval (I believe the colors
used on the existing buildings will be acceptable).
• Mechanical equipment and solid waste containers visible from residential areas or
public ROW to be screened
• Building material on south facade of proposed south building shall be brick,
stone, marble, granite, tile, etc. (Stucco, EIFS, hardboard, concrete products
w /integrated color or pattern also allowable but limited to 75% of facade).
• Architectural relief incorporating two design elements (canopies, wall plane
projections /recessions, vertical expression of structural bays, columns, pilasters,
etc.) every 45' of front or main facade
• South side of proposed south building shall also have brick stone, marble, granite,
or split face masonry on lower. 30 inches of wall on all facades visible from ROW
• Revised site plan showing remaining two proposed buildings
Optional Compliance Issues
• Bike rack
• Single buildings or a combination of buildings 20,000 or more shall have brick
stone, marble, granite, or split face masonry on lower 30 inches of wall on all
facades visible from ROW.
• Building material on facades visible from the ROW shall be brick, stone, marble,
granite, tile, etc. (Stucco, EIFS, hardboard, concrete products w /integrated color
or pattern also allowable but limited to 75% of facade).
• Architectural relief (canopies, wall plane projections /recessions, columns,
pilasters, etc.) every 60' of other facades visible from ROW
• Roof line on front facade shall vary a minimum of 2 feet (up or down) so that no
more than 66% of roofline is at same elevation
h •
w .
y .
IL 1r
SITECH ENGINEERING CORPORATION
1544 Sawdust Road #100
The Woodlands, Texas 77380
Tele (281) 363 -4039 • Fax (281) 363 -3459
• Public Works • Environmental • Architectural Support • Planners • Surveyors •
-LETTEROFTRANSMITTAL-
TO: S.F. Sanders DATE: November 22, 2002
9455 Kemp Road RE: College Station Ministorage
College Station, Texas 77845 JOB NO: 2311 -001
ATTN: S.F. Sanders FROM: Heather Hernandez
TELE : (713) 203 -0662
X For Your Use Hand Carry
Review & Comment X Pickup
Approval Mail
Messenger
Airborne A.M. Delivery
P.M. Delivery
Copies Date Description
1 11/22/02 Resubmittal Package for College Station (see attached transmittal)
REMARKS: TallL ' Cud Cof} CL+ C GlbcA.* tn)vAn t
�e ve(ap r -e&-t P-e. L ►(I In s Qom.
<` ` 20
01.4 1
COPY TO
SIGNED -C
Heather Hernandez
a a- a 3a
SITECH ENGINEERING CORPORATION/a-/3-09-
1544 Sawdust Road #100 /a:o5
The Woodlands, Texas 77380
Tele (281) 363 -4039 • Fax (281) 363 -3459
• Public Works • Environmental • Architectural Support • Planners • Surveyors •
- LETTEROFTRANSMITTAL -
TO: City of College Station DATE: December 11, 2002
1101 Texas Avenue RE: AllSafe Storage
College Station, Texas 77842 JOB NO: 2311 -001
ATTN: Bridgette George FROM: Heather Hernandez
TELE : (979) 794 -3570
For Your Use X Hand Carry By SF
X Review & Comment Pickup
X Approval Mail
Messenger
Airborne A.M. Delivery
P.M. Delivery
Copies Date Description
1 /11/02 College Station Development Services Transmittal
6 sets / 12/11/02 Revised Civil Plans (C- 1,3,4,7,11,13,14C) and New Civil Plans (C- 4A,4B)
1 sets 12/11/02 Complete Set of Previously "Approved" Civil Plans (C1 -15), Revised Civil
Plans (C- 1,3,4,7,11,13,14C) and New Civil Plans (C- 4A,4B) Originals (vellum)
for Approval and Return to Sitech Engineering
2 /J2/11/02 Site Plan (extra copies as you requested)
1 2/11/02 Landscape Plan (extra copy as you requested)
REMARKS:
This is a summary of the revisions that have been made to the enclosed Civil Plans:
1. Firewalls have been added to each building, which affected the internal unit layout.
2. A new hallway and doorway was added to Building B and an accessible walkway between
Building B and the Office. The landscaping in this area was relocated to the rear of the property
and the sprinkler heads moved.
3. Building B internal and external units were made accessible by revising the grading and
providing additional details.
4. The pavement grades for Phase I and II (Buildings A,B,C,D) were revised to provide accessible
egress at all hallway doors.
I am also submitting the Original Vellums of the Revised & New Civil Plans in order to expedite
getting the approved plans returned to Sitech. If there are NO City comments that require changes to
the plans, please call me and I will have someone pick up the approved Original plans. If there ARE
City comments which require changes to the plans, please let me know as soon as possible so that I
can get the revisions made and resubmit the plans.
COPY TO 2 ; SIGNED f /Y k
Heather Hernandez
Q30
/a :o5
DEVELOPMENT SERVICES
‘70 TRANSMITTAL LETTER
COLLEGE STATION
Name /Firm: 14- -A' QY t�G'Y�Q,�L�« E -, (Q.co j Date: �, — c-)D
Address: AS Lit S( M- , .5 X11 1 cJ
Phone: --v tqC, Fax: I ---- (,-a --- 3 x-15 •cI
We are transmitting the following for Development Services to review and comment: (Check all that apply.):
❑ Master Development Plan w/ ❑ Redlines ❑ Development Permit App.
❑ Preliminary Plat w/ ❑ Redlines ❑ Conditional Use Permit
❑ Final Plat w/ ❑ Redlines ❑ Rezoning Application
❑ FEMA CLOMA/CLOMR/LOMA/LOMR w/ ❑ Redlines ❑ Variance Request
K Site Plan w/ ❑ Redlines ❑ Other - Please specify
Grading Plan w/ ❑ Redlines
Landscape Plan w/ ❑ Redlines
Irrigation Plan w/ ❑ Redlines
❑ Building Construction Documents w/ ❑ Redlines
INFRASTRUCTURE AND ENGINEERING DOCUMENTS
All infrastructure documents must be submitted as a complete set.
The following are included in the complete set:
❑ Waterline Construction Documents w/ ❑ Redlines ❑ TxDOT Driveway Permit
❑ Sewerline Construction Documents w/ ❑ Redlines ❑ TxDOT Utility Permit
❑ Drainage Construction Documents w/ ❑ Redlines ❑ Other - Please specify
❑ Street Construction Documents w/ ❑ Redlines
❑ Easement application with metes & bounds decsription
❑ Drainage Letter or Report w/ ❑ Redlines
❑ Fire Flow Analysis w/ ❑ Redlines
Special Instructions:
1- Aug -02 1 of 1
_ _c)
cf
. . .
. .
.
,./i t iii .
._p.. , . .
•
.,„.1
...,c3 ..... ts.
_ c
6— • MAO MOUT OR OLIPLICA
.-
--1 I
. . . .-
- o i
, o )... 33
. 1
1 •-• .-‘:...\ N 0
0 r.
r fc 2 ( 4 1 1
i w
-
ru 11 0 $. . G) m i ° 0 cn 1 .
u , r.
z
.. _. _ z
1 1
, 7..._' . 0 rn
—° ., ` '. ; 7,- ' ' '-' ' ' <
CI .7.'it.
c■ - li
1 li !' , ..- *---4‘ , W
' 0
'A 11
•
.... - 1
1 .
\
t <I
. . ....,, ,
1
• k (4 .-
-) lb 1-• 1
FL 1
0•
- 1
NI III •L' II
/ I
. ..... ,:-:- .
- -.
FROM : SkF FAX NO. : 9792684052 Jul. 02 2003 12:36PM P1
-• �• L IJl . u., wuan JUNES 0 CARTE P4GE 01
Heather Hernandez A-7-
Frorn; gill Perk
solo: Thursd , June 26, 2003 6:32 AM
Yo: 'Gcett e l a fj ceticgov'
ad: Heather Hernandez
Subject; Aileafe Outlet Structure 2311-001
We eve received and reviewed the e-mail you sent on June 24, 2003 end respond es fellows_
Allsafe Storage at 13101 Welborn Road filed for and received approvals, Including TxDOT approval for their Driveway and
Outlet structure from the detention basin. The ens called for the culvert under the drive to' MATCH EX. FL SLOPS. with
said FL's called out es 320.0 t!- aflj320.8 +1. rt pectl�ylx The basin q I elevatio wee called ou 8s ev
rnatohing the existing ditch flawlirie.
If the CRY or TxDOT wanted Alkalis to Derform maintenance in the TxDOT R,O.W. usual eome T QT d oes
allow. the matter should have been addressed during the review and permitting process.
Allsafe does agree that the outfall structure as built does not genform to ale approved plans, aithought they claim a permit
was issued for the structure that was built. Allsafe have eed to reran rtion of the outfeli structure in the ditch
in aCeords with the revised dated on Sheet - dated S/ whi detail w ased o n it sauna he wit@ AS
there was conflict between discussion on -site and the fax we received via the City from TxDOT, ws requested clarification.
Subse «uenti a h. . n.,. [ �,►� = -t� :1;1 : r = 12.1," vi. • is dr.
Please be advised, our client Ails fe $tor$-, - will reconatnict the outfali so it conforms with . - . - • i = th-
orementioned Sheet C-6, but, will not be pe • ing maintenance In the roadside ditch.
Regards,
Willard B. Park, Jr. P.E.
co: Allsafe Storage. S.F. Sanders via fax
r
-r
-.. =lam' r [ l"'/ -
d
1 l
J •
.f j. • .pdl. • / i :. !Pi / '' 9 ' — - i . .
•
ArlIP
• _ .• �j •
-
t5�r lam
MCD
Ministorage Consultants / Developers
9455 Kemp Road S. F . Sanders cell: (713) 203 -0662
College Station, Texas 77845 home /office /fax: (979) 268 -4052
e -mail: sfsanders @webtv.net
-9 t o
June 6, 2003 G'‘ -.L3 '
Brett McCully, P.E.
City of College Station
P.O. Box 9960
College Station, Texas 77842
Subject: Letter of Noncompliance dated May 22, 2003
Dear Brett:
Thank you and Carol Cotter for meeting with me, Mike Laine, Ricky J. Palasota,
and Heather Hernandez this last Monday, June 2, 2003 at the site.
It is unfortunate that Catherine Hejl was not at the site as she seems to be at the
center of the controversy.
First, as you are now aware we do not agree that the structure is not in compliance
with the plans and permit issued by the City of College Station and Texas
Department of Transportation.
We have instructed Heather Hernandez to prepare submittal's, which are attached,
that have additional details so that the City, the State, the Developer and the
Contractor can all agree on what is to take place with the out flow structure. It is
our strong desire that if we are to make modifications to the existing structure we
only do it once.
If you and Catherine Hejl can approve the submittal's today, we can have the
structure modified by next Monday or Tuesday.
We do agree that any modifications need to take place immediately, as we have
received offers from new investors that will generate a $500,000 profit for the
owners, Marty and Pete, and we do not want any unresolved issues lingering that
might damage the owners or myself in closing on the offer.
We await you and Catherine on proceeding.
Thank You,
S.F. Sanders/ Ministorage Consultants / Developers
cc: Carol Cotter, City of College Station, via Email
Heather Hernandez, Jones & Carter, via Email
1 •
The City of , 3
`I College Station, Texas . '191.16)°5 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
May 22, 2003
S.F. Sanders
9455 Kemp Road
College Station, TX 77845
Re: Al!safe Storage Detention Outlet
Notice of Noncompliance
Dear Mr. Sanders,
As you are aware, the detention outlet structure constructed within the Wellborn
Road right -of -way is not in conformance with the plans and permits issued by the
City of College Station and the Texas Department of Transportation.
This letter shall serve as your official notification of noncompliance under Chapter
13, Section 7.A. (copy attached). Failure to comply with the following measures,
or obtain compliance with the Drainage Development Permit will result in
enforcement and /or penalty actions as described in Sections B, C, and D.
Because the existing structure violates the clear -zone requirements for Wellborn
Road, it constitutes a vehicular safety hazard, and therefore must be removed
immediately.
The Drainage Ordinance of the City of College Station requires that the structure
be installed in accordance with the approved plans and permits. Therefore, the
outlet structure must be reconstructed in accordance with the existing approved
plans, or, revised plans must be submitted, reviewed, and approved by both
agencies, then, that resulting outlet must be constructed.
Because the facility is already in operation, the structure must be reconstructed
in accordance with approved plans within 30 days from the date of this
notification. This is the maximum time allowed by ordinance.
Please assure that the removal and reconstruction is coordinated with our office,
and that required traffic and erosion control measures are used during this
process.
Home of Texas A &M University
Home of the George Bush Presidential Library and Museum
$
Should you have any questions, you may reach me at 764 -3570.
Thank you in advance for your cooperation.
Sincerely,
Br tt Mc ully .E.
Assistant City Engineer
cc: Kelly Templin
Natalie Ruiz
Carol Cotter
Bob Mosley
Catherine Hejl
Martin G. Cangelose, Via fax 260 -1314
Sitech Engineering Corp., Via fax 281 - 363 -3459
Pete Kountakis, Via fax 776 -1482
DP Case file #02 -51
R E0ENED
ALLSAFE STORAGE
(13101 Wellborn Road)
C/O 9309 Lake Forest Court South
College Station, Texas 77845
Pete Konntakis Marty Cangetose
Partner Partner
(979) 774 -1192 (979) 260 -1300
February 17, 2003
CERTIFIED RETURN RECEIPT
Mr. Ed Staples
General Manager
Lamar Advertising Company
3900 St. HWY 6 South
Suite 107
College Station, Texas 77845
Dear Mr. Staples,
Per our previous telephone conversations concerning the billboard on
Wellborn road, we are formally requesting that the billboard be removed by
you within sixty days ending Friday, April 18, 2003. The City of College
Station will not allow ALLSAFE Storage to have two free standing signs on
the property. Therefore, we have no choice but to have you remove the
billboard from our property. Attached is a copy of the lease agreement. We
have not received any rental income from you concerning this sign since we
purchased the property November 21, 2002 which is estimated to be about
$100.00.
If the sign is not removed after April 18, 2003, we will assume that you intend
for us to remove it. Please let me know if you have any questions.
Sincerely,
f iL j
Pete Kountakis
cc: Mr. S. F. Sanders
Mr. Marty Cangelose
The City of College Station - Jennifer Reeves
Mr. Mike Gentry
___.,..7 L \ ) Dt..., ik.) u.,....k.QH • PORTBIt pUTucxlR ADVERTI �/ 7��L� olivu.,74,1' sl-Li4J/ -. „,,c,..A...c._0(-0--t-
, �, Z k P.O. BOX 3963, BRYAN, TEXAS 77805
,� 00 J j( 713- 779 - 9200; 713 -272 -8486
SIGN LO ATION LE 3`�
For value received, I, v
For value a received,
Calhoun Houston . an Ki , Lessor, whose
s 00 hereby
Outdoor Advertising, Lessee, of Bryan, Texas, the right to erect
main• ;ain ne si on my property located th
known as W:11•• ;o. -• a•• •n • side M ' :_
Said Lnt. <_•t •, bd. ,: , ,.
for a term of thr a `f ��______,
3( a /rears to commence on comp a ±i on �f +, nh a
This lease shall thereafter continue from ear to 8n
proval. I will not y year, subject to my ap� �'
permit other persons or concerns to erect si within
20 _ feet. Permission 1s hereby granted to Lessee to establish electric
power if required for this sign location. All signs, structures, fixtures,
and other appliances attached to the real estate by Lessee, shall be and
remain the property of Lessee, and upon termination or expiration of this
lease, Lessee shall be entitled to re - enter said property and remove the
same. Lessee shall have the right to terminate this lease upon thirty (30)
days written notice and all monies paid prorated. Lessee may assign or
transfer this lease to other persons or concerns at any time without my
consent. I represent that 1 am the legal owner of this property and that
1 havo the authority to enter into this agreement and receive rent for same.
Lessee has the right tb enter the property to repair and change the infor.-
matiou on said sign. In consideration of the above, I will receive $ 400.00
each year as rental payment. Such payment is to be paid in advance at my
address above.
Additional Provisions (if any) : Upon sale or development of the leased premises.
Lessee shall have 60 sixt da s written notice to remove si n if new wner doe not
want said si on the ro art and all monies id rorated. Initial rent a ent to
be made at the address above of Lessor upon receipt b asses of this lease executed by
Lessor.
AGREED this 4th day of February 198.1
Porter l Outdoor Advertising ,/ � ,
by .!!/ eft g
________14>
,
Lccccc .
LE.ss lr
•
f R Location Diagram Special Instructions:
orri ., 0 ios
frir
. fa
/ ''': s
0
‘g rES.411°14
CITY OF COLLEGE STATION
Planning e. Development Services .�
23 May 2005
Via Fax Copy to: 979.776.1482
Pete Kountakis
2401 East 29 Street
Bryan, TX 77802
RE: Allsafe Storage, 1301 FM 2154, College Station, TX
Dear Mr. Kountakis:
Thanks for taking the time to meet with me this morning to talk about code compliance
issues for the above referenced project. As a follow -up to our meeting, I wanted to
document the discussion items. My notes from the meeting reflect the following:
• The building material on the facades facing Wellborn Road will be brick, stone
marble, granite, tile, or other material approved by the Unified Development
Ordinance.
• Building colors will match the approved color palette (please submit proposed
colors for approval with the construction documents).
• Mechanical equipment and solid waste containers visible from residential areas or
the public ROW will be screened from view.
• The building material on the south side of proposed building "D" will be brick,
stone, marble, granite, tile, etc. (Stucco, EIFS, hardboard, concrete products
w /integrated color or pattern also allowable but limited to 75% of facade).
• The south side of proposed building "D" will also have brick, stone, marble,
granite, or split face masonry on the lower 30 inches of the exterior wall.
• Architectural relief incorporating two design elements (canopies, wall plane
projections /recessions, vertical expression of structural bays, columns, pilasters,
etc.) will be provided for every 45' o facades facing Wellborn Road. If stone
veneer matching the existing office is used on these facades, this requirement will
not be necessary.
• The facades facing Wellborn Road will be limited to one personnel door each
(overhead doors will not be allowed).
• A revised site plan showing the two proposed buildings "C" and "D" (deleting
proposed buildings "E" and "F ") will be submitted for review and approval.
P.O. BOX 9960 • 1101 TEXAS AVENUE
COLLEGE STATION • TEXAS • 77842
979.764.3570
www.cstx.gov
Pete Kountakis Letter — Pg. 2
• Construction documents and a completed building permit application for
buildings "C" and "D" will be submitted for review and approval.
Please contact me at 979.764.3570 should you have questions or corrections concerning
any of the items.
Sincerely,
Joey P nn, AICP
Di = tor of Planning & Development Services