HomeMy WebLinkAboutCorrespondence CITY OF COLLEGE STATION
October 26, 2011
Chuck Moreau
Moreau Family Investments, Ltd.
1834 Harris Drive
College Station, TX 77845
Re: Written Interpretation Regarding Section 6.2 Types of Use
Dear Mr. Moreau:
This letter is in response to your request for a written interpretation concerning the determination
of use as provided in Section 6.2 Types of Use of the Unified Development Ordinance (UDO),
specifically as it relates the former Heirloom Gardens & Interior Decor site located at12900 Old
Wellborn Road.
Background
The site is formerly known as the Heirloom Gardens & Interior Decor site and is located at
12900 Old Wellborn Road (Lot 10, Block 1, Rock Prairie Business Park). The property was
annexed into the City of College Station on November 1, 2002 and zoned A -O Agricultural Open
Space (Agricultural Open) via Ordinance 2590. It is stated in your application that the Heirloom
Gardens & Interior Decor operations began in 2002 when the property was located outside
College Station city limits. The previous owner expanded the existing structure on the site and
was granted an Administrative Adjustment for 1.54 parking spaces on August 23, 2004 for the
expansion to occur (see attached). The City received your rezoning application on February 9,
2011 for the subject property. Your written interpretation application asserts that the appropriate
use classification is "Retail Sales and Service" rather than "Commercial Garden/Greenhouse /
Landscape Maintenance."
Determination
Based on the information provided, the Heirloom Gardens & Interior Decor use began operations
prior to its incorporation into the City of College Station and as such is entitled to certain legal
protections regarding its continuation. According to UDO Section 9.2.A Continuance,
nonconforming uses may only expand up to 25% with the approval of the Zoning Board of
Adjustment (ZBA). Though the use was not stated in the Administrative Adjustment letter issued
in August 2004, it is known by this action that the use was not considered nonconforming at that
time, otherwise it would not have been eligible for an administrative adjustment without prior
ZBA approval. Retail Sales and Service is not a permitted use in the A -O Agricultural Open
zoning district and would therefore be considered nonconforming. The A -O Agricultural Open
zoning district includes a Commercial Garden/Greenhouse /Landscape Maintenance use category
that would allow the subject use to be conforming, though the site, parking lot, etc. would still be
the heart of the Research Valley
P.O. BOX 9960
1101 TEXAS AVENUE
COLLEGE STATION • TEXAS • 77842
979.764.3510
www.cstx.gov
nonconforming by design. The information given above provides some background regarding a
previous use determination, though it does not address use designation itself.
Retail Sales is defined in UDO Section 11.2 Definitions as "Establishments engaged in selling
goods or merchandise to the general public for personal or household consumption and rendering
services incidental to the sale of such goods." This term is intended to be inclusive of many
different types of commercial activities, except where more specific uses are identified and
separated into other use categories. Of Commercial Garden/Greenhouse /Landscape Maintenance,
only the term Commercial Greenhouse is defined in the UDO as "a structure or location where
plants, vegetable, flowers, and materials are grown for sale." Though each term is not explicitly
defined, UDO Section 11.1.B states that "Words not specifically defined in Section 11.2 shall
take on their common dictionary meaning, except as modified as terms of art in planning or
engineering." A separate definition for Commercial Garden is not necessary as its common
meaning and connection to the Commercial Greenhouse term is sufficient. It should be noted that
Commercial Greenhouse and /or Commercial Garden uses should not unnecessarily be limited
solely to the sale of plants grown from origination at a site.
Though the Heirloom Gardens & Interior Decor use did have an interior retail component, it was
accessory to other commercial activity that centered in the sale of landscape and plant materials.
As described by your attachments and depicted in the aerial provided, the site was mainly
devoted to the outdoor sale of landscape and plant materials, not merely an outdoor sales area for
an indoor retail establishment. The Commercial Garden/Greenhouse /Landscape Maintenance use
is a type of commercial activity that is permitted in an agricultural zoning district. After a careful
review of your application and the facts provided as part of this letter, it is determined that the
"Commercial Garden/Greenhouse /Landscape Maintenance" use category is the appropriate
classification for the Heirloom Gardens & Interior Decor use.
While this determination does not recognize the previous business as Retail Sales and Service,
the City's Comprehensive Plan designates the property as Suburban Commercial which allows
for various commercial and retail zoning considerations. Staff remains committed to assisting
you on your rezoning application to address the needs that are unique to this site and to help you
meet your business goals while achieving the community's goals identified in the
Comprehensive Plan.
This interpretation may be appealed to the Zoning Board of Adjustment (ZBA). The next
available ZBA meeting date is Tuesday, December 6, 2011. The application submittal deadline
for the December ZBA meeting is Wednesday, November 9, 2011. I trust this information is
useful. Please feel free to contact me at 979.764.3570 should you have questions.
Sincere ,
Bob Cowell, AICP, CNU -A
Executive Director
Planning & Development Services
CITY OF COLLEGE STATION
\ DEVELOPMENT SERVICES
1101 Texas Avenue South, PO Box 9960
College Station, Texas 77842
COLLEGE STATION Phone 979.764.3570 / Fax 979.764.3496
August 23, 2004
Heirloom Gardens & Interior Decor, Inc.
12900 Old Wellbom Rd.
College Station, Texas 77845
RE: Property located at 12900 Old Wellborn Rd., Lot 10 Block 1 Rock Prairie West Business Park Subdivision
Dear Mr. Kotrla,
This letter is to inform you that the above referenced property has received an administrative adjustment of 1.54
parking spaces from the 15.4 required off - street parking spaces. The number of parking spaces required has
been reduced from 15.4 to 14.
According to the Unified Development Ordinance Section 3.15, the Administrator has the authority to authorize
adjustment of up to 10 percent from any numerical zoning standard set forth in Articles 5, 6, or 7 of the Unified
Development Ordinance. To approve the application for an administrative adjustment, the Administrator shall
make an affirmative finding that specific criteria, as outlined in Section 3.15.E of the Unified Development
Ordinance, have been met.
The Administrator has found that:
Granting the adjustment will ensure the same general level of land use compatibility as the otherwise
applicable standards because the 320 sq.ft. front porch addition to the main structure would require the
paving, curbing, and guttering of one parking space in a 14- space, nonconforming, grandfathered parking
lot;
Granting the adjustment will not materially or adversely affect adjacent land uses or the physical character
of uses in the immediate vicinity of the proposed development; and,
Granting the adjustment will be generally consistent with the purposes and intent of this UDO since parking
spaces are an integral part of a larger parking lot, which in this case is not built to City standards.
If you have any questions, please feel free to call me at 979.764.3570.
Sincerely,
Joey i u n
Director of Development Services
City of College Station
CC: File # 04 -197
Zoning Board of Adjustment
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WEST, WEBB, ALLBRITTON & GENTRY
A PROFESSIONAL CORPORATION
— Established In 1982
ATTORNEYS:
1515 EMERALD PLAZA
COLLEGE STATION, TEXAS 77845-1515
STEVEN N. ALLBRITTON
TELEPHONE: (979) 694-7000
ROY D. BRANTLEY'
TELECOPIER: (979) 694-8000
COURTNEY S. CAIN
WEB SITE: htip1l/ .westwebbiaw.com
TERRANCE D. DILL, JR.
PATRICK W. FOGARTY
'BOARD CERTIFIED
MICHAEL H. GENTRY'"
PERSONAL INJURY TRIAL LAW
JENNIFER D. JASPER
TEXAS BOARD OF LEGAL SPECIALIZATION
KEITH L. KRUEGER`**
DAVI POLING
BAILI B.
B. RHODES
LIF IED
p —BOARD
September 12, 2011 COMMERCIALREEAE ESTATE LAW
WELDON RUSSELL'
TEXAS BOARD OF LEGAL SPECIALIZATION
JOHN C. WEBB, JR.
GAINES WEST
TO PRACTICE BEFORE THE UNITED
LICENSED
STATES PATENTAND TRADEMARK OFFICE
t BOARD CERTIFIED
ESTATE PLANNING AND PROBATE LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
Writer's e-mail: mike.genlry@weslwebblaw.com
Via Regular Mail and Email crobinsonRcstx.gov
Carla Robinson
City Attorney
City of College Station
1101 Texas Ave.
College Station, TX 77840
Re: Preexisting Retail Sales and Outdoor Display Use at 12900 Old Wellborn
Road f/k/a Heirloom Gardens
Dear Carla:
Heirloom Gardens & Interior Decor ("Previous Owner") began operations at 12900 Old
Wellborn Road (the "Property") in 2002 when the Property was located outside College Station
city limits, and prior to the implementation of the City of College Station Unified Development
Ordinance ("UDO") on June 13, 2003. The Previous Owner used the Property as a retail sales
and outdoor display outlet for plants and landscaping products. The current A-O Agricultural
Open zoning district designation was applied to the Property upon annexation in 2004.
Moreau Investments ("Current Owner") purchased the Property in 2010 with the intent to
continue using the Property as a retail sales outlet for granite, natural stone and related
products. Thus, the preexisting nonconforming use of the Property as a retail sales and
outdoor display outlet has not changed, has not been abandoned and should be allowed to
continue.
A. LAW REGARDING PREEXISTING NONCONFORMING USE
State law and local ordinances provide protection for nonconforming uses and structures
that existed prior to the enactment of a zoning ordinance. Current Owner's intended use of the
Carla Robinson
September 12, 2011
Page 2
Property is clearly a nonconforming prexisting use under both Texas law and under Section 9 of
the LIDO.
Texas Law. A "nonconforming use" is one that lawfully existed before the effective date
of a zoning restriction and that is allowed to continue to exist in nonconformance with the
restriction.' The legal principle behind allowing nonconforming uses is an attempt to balance
the protection of private property rights while avoiding the expansion of uses that are no longer
appropriate to a neighborhood .2 The granting of permission for the continuance of a
nonconforming use avoids the injustice and doubtful constitutionality of compelling the removal
of lawful buildings or uses already present in a district, as this would constitute an unreasonable
and unconstitutional exercise of police power.3
Local Law. Section 9.1 of the UDO states: "Except as specified in this Article, any use,
building, structure, or sign existing at the time of enactment of this UDO or classification
amendment applicable to its use, may be continued even though such use, building, structure,
or sign may not conform with the provisions of this UDO for the district in which it is located;
provided, however, that this Article shall not apply to any use, building, structure, or sign
established in violation of this UDO or ordinance previously in effect in College Station."
B. PREEXISTING USE OF THE PROPERTY
Previous Owner used the Property as a retail sales and outdoor display area for plants
and landscaping related products. Similarly, Current Owner intends to use the Property as a
retail sales and outdoor display area for granite, natural stone and related products. In order to
confirm prexisting use by the Previous Owner, a search was performed of past newspaper
articles, magazine advertisements, social media and other related websites. In addition, aerial
photos were examined to determine what preexisting structures were on the Property, including
a photo dated early 2004 that is attached hereto as Exhibit "A."
During its existence, Previous Owner had annual sales ranging from $2.5 to $5 million
and employed a staff of approximately 10 to 19. The primary business operation and land use
revolved around retail sales: Heirloom Gardens was a retail sales facility with indoor and
outdoor sales display areas. The land use and structures shown on Exhibit "A" pre -date
annexation into the City limits. The following areas of use are shown on the aerial:
® Retail Building - The existing building housed the following uses:
o Retail sales of live indoor plants;
o Full service florist that sold fresh flowers, gift baskets, and related gift items;
o Retail sales of interior decor items including Texas Aggie decor;
o Retail sales of specialty gift items like jar candles and wind chimes; and
' Pearce v. City of Round Rock, 78 S.W.3d 642, 645 (Tex. App.—
Austin 2002, pet. denied)
2 Wende v. Bd. of Adjustment of City of San Antonio, 27 S.W.3d 162
Tex. App.--San Antonio 2000) rev'd, 92 S.W.3d 424 (Tex. 2002).
Allen v. City of Corpus Christi, 247 S.W.2d 130 (Tex. Civ. App.--San Antonio 1952) afrd, 152 Tex. 137,254 S.W.2d
759 (1953)
Ltr City 1.doc
Carla Robinson
September 12, 2011
Page 3
o Christmas store specializing in holiday
decorations, ornaments and seasonal gifts.
(See 2008 photo to right, taken inside the
Christmas store).
Parkinq Lot - The existing parking lot provided
spaces for the parking needs of the business'
customers.
Outdoor Sales/Display Areas - There were five
distinct outdoor sales and display areas. All five
areas functioned similarly in that the general public
products on display and select products for purchase.
was allowed to walk around, view
o Water Garden - The water garden at the intersection of North Graham and Sandy
incorporated plants, pumps and other materials available for sale. Customers
were also able to see sample features of a water garden.
o Live Plants (Covered) - This outdoor
sales and display area contained live
plants, and an asphalt foundation
provided a permanent walking area for
customers. (See photo to right showing
the frame of the covered structure near
the freestanding sign).
o Live Plants (Uncovered) - The majority
of the outdoor sales and display area
was uncovered. The improved walking
surface consisted of asphalt or crushed
0
N
rock. (See attached Exhibit "B" for an
as -built survey showing the limits of the asphalt pavement). Within this area,
other items were on display for sale including indoor and outdoor decorative
pieces, statues, benches and wall art. The general public was allowed to walk
around and select products for purchase.
Trees - Containerized trees were shipped in and displayed in this area for sale to
the general public. The public was allowed to walk around, view the trees
available and select trees to purchase.
Materials - Landscaping materials including rock, gravel, and topsoil were stored
and displayed. The general public was allowed in this area to select their
products for purchase. In addition to the retail sales component, the landscape
maintenance operations occurred in this area of the Property.
The preexisting use of the Property was to house a
business. Current Owner's intended use of the Property as
natural stone and related products is clearly a nonconforming
law and under Section 9 of the LIDO.
Ltr City 1.doc
retail sales and outdoor display
a retail sales outlet for granite,
prexiting use under both Texas
Carla Robinson
September 12, 2011
Page 4
C. PREXISTING NONCONFORMING USE HAS NOT BEEN ABANDONED
Section 9.2.0 of the UDO states: "Whenever a nonconforming use has been
discontinued and changed to a conforming use, or whenever a nonconforming use has been
discontinued or abandoned for more than three months, a presumption of intent to abandon
said use shall have been established and the right to continue the former nonconforming use
shall no longer exist. Subsequent operation as a nonconforming use shall be unlawful." In the
current matter, use of the Property as a retail sales and outdoor display facility has not been
abandoned by Current Owner under Texas law.
Texas Law Regarding Abandonment of Preexisting Nonconforming Use. The right
to continue a nonconforming use passes to subsequent purchasers of a property so long as the
use of the property by his or her predecessor in title qualified as a nonconforming use at the
time of the enactment, and so long as the use has not been abandoned since that time ° The
word "discontinued" as used in zoning ordinances is synonymous with "abandoned." The
concept of the term "abandonment" includes an intention to abandon." 6
A showing of abandonment of a nonconforming use involves two elements: (1) the
intention to abandon the nonconforming use, and (2) some overt act or some failure to act that
carries with it the implication of abandonment.6 The fact that a property is vacant and that a
nonconforming use was discontinued for a few months is not conclusive of abandonment and
does not show an intention to abandon.7 Periods of interruption in use due to a lack of demand,
an inability to procure a tenant, or financial difficulty do not change the status of the property.$
Current Nonconforming Use: The Property in question was developed for retail sales
and outdoor display use prior to its annexation in 2004. When Previous Owner ceased
business operations on the Property in the fall of 2009, the Property was actively marketed for
sale or lease as a retail facility, and ultimately purchased by Current Owner for use as a retail
sales and outdoor display facility. Thus, use of the Property as a retail sales and outdoor
display facility has not been abandoned by Current Owner under Texas law. The retail sales
and outdoor display uses on the Property should be allowed to continue as nonconforming uses
under the current A-O zoning district designation. (See the timeline attached hereto as Exhibit
"C" for information regarding the sale, marketing, and purchase of the Property by Current
Owner).
Current Nonconforming Structures: The buildings, parking lot and outdoor display
areas shown on Exhibit "A" are nonconforming structures in that they do not meet the current
standards in the UDO. However, at the time of construction in 2002, the Previous Owner met all
4 City of Dallas v. Rosenthal, 239 S.W.2d 636, 645 (Tex. Civ. App.--Dallas 1951, writ refd n.r.e.)
6 McDonald v. Bd. of Adjustment, City of San Antonio, 561 S.W.2d 218, 221 (Tex. Civ. App.—San Antonio 1977, no
writ).
6 Plemons-Eakle Neighborhood Assn, Inc. v. City of Amarillo, 694 S.W.2d 218 (Tex. App.—Amarillo 1985, writ refd
n.r.e.).
See McDonald, 561 S.W.2d at 222.
s Town of Highland Park v. Marshall, 235 S.W.2d 658 (Tex. Civ. App.—Dallas 1950, writ refd n.r.e.) (emphasis
added).
Ltr City 1.doc
Carla Robinson
September 12, 2011
Page 5
requirements for such a facility. Absent significant structural changes, the nonconforming
structures should be allowed to remain and continue in the current A-O zoning district.
D. PREVIOUS CITY DETERMINATIONS REGARDING THE PROPERTY ARE INCORRECT
Current Owner has approached City staff regarding operating a granite and natural
stone retail sales business on the Property. At that time, staff determined that the previous use
of the Property was as a commercial garden/landscaping business or nursery. Staff also
determined that the retail sales use was accessory to the landscaping service business. We
disagree with this interpretation and believe the opposite is true - retail sales and outdoor
sales/display areas were the primary use of the Property, as clearly evidenced above. The
landscaping portion of the business was accessory to this use.
The UDO lists a commercial garden in the land use table of Section 6.2; however, there
is no definition of a "commercial garden." Instead, the UDO defines a "Commercial
Greenhouse" as a "structure or location where plants, vegetable, flowers, and similar materials
are grown for sale." However, the trees and plants for sale at Heirloom Gardens were not
grown on -site, but instead were trucked in on a regular basis, unloaded and placed in display
areas where the public was allowed to walk around and purchase them; i.e. retail sales.
The UDO defines `retail sales" as "establishments engaged in selling goods or
merchandise to the general public for personal or household consumption and rendering
services incidental to the sale of such goods". Retail sales was the primary land use on the
Property. The landscaping maintenance and service uses were incidental to the sale of a wide
variety of plant and home products.
E. RELIEF REQUESTED
Current Owner requests to continue the nonconforming retail sales land use and
structures. Current Owner intends to utilize the existing building as a retail sales business
supported by the existing parking lot and outdoor sales and display areas. The intended use is
for the retail sales and outdoor display of granite and other natural stone products.
Current Owner has also filed for a rezoning to the Planned Development District (PDD)
classification, with the intent of eventually coming into compliance with the UDO. Current
Owner understands that if the use of the Property changes substantially, additional site
requirements will apply. The PDD zoning will remove the nonconforming land use issue on the
Property. However, the nonconforming structures should be allowed to continue as provided in
the UDO.
Thank you for your consideration of this request
Sincerel"Michael'H
.
Enclosures
Ltr City 1.doc
Carla Robinson
September 12, 2011
Page 6
cc: With Enclosures
Brazos Valley Carpet Outlet
Chuck Moreau via email chuck(d),bvcarpetouflet.com
IPA Group
Natalie Ruiz via email natalie@ipsgroup.us
Gessner Engineering
Jeremy Peters via email jpeters@gessnerengineering.com
City of College Station Planning and Development Services
Bob Cowell via email bcowell(alcstx.goov,
Ltr City 1.doc
WEST, WEBB, ALLBRITTON & GENTRY
A PROFESSIONAL CORPORATION
Established in 1982
ATTORNEYS:
1515 EMERALD PLAZA
COLLEGE STATION, TEXAS 77845-1515
STEVEN N. ALLBRITTON
TELEPHONE: (979) 694-7000
ROY D. BRANTLEY*
TELECOPIER: (979) 694-6000
COURTNEY S. CAIN
WEB SITE: http://www.westwebblaw.com
TERRANCE D. DILL, JR.
PATRICK W. FOGARTY
'BOARD CERTIFIED
MICHAEL H. GENTRY"
PERSONAL INJURY TRIAL LAW
JENNIFER D. JASPER
TEXAS BOARD OF LEGAL SPECIALIZATION
KEITH L. KRUEGER—
DAVID T. POLING
BAILI B. RHODES
"BOARD CERTIFIED
September 28, 2011 COMMERCIAL REAL ESTATE LAW
WELDON RUSSELLt
TEXAS BOARD OF LEGAL SPECIALIZATION
JOHN C. WEBB, JR.
GAINES WEST
—LICENSED TO PRACTICE BEFORE THE UNITED
STATES PATENT AND TRADEMARK OFFICE
t BOARD CERTIFIED
ESTATE PLANNING AND PROBATE LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
Writer's e-mail: mike.gentry@westwebblaw.com
Via Regular Mail and Email bcowell@cstx.gov
Bob Colwell
Planning & Development Services
City of College Station
1101 Texas Ave.
College Station, TX 77840
Re: Moreau Family Investments, Ltd.'s Written Interpretation Application re:
12900 Old Wellborn Road f/k/a Heirloom Gardens ("Property")
Dear Mr. Colwell:
I represent Moreau Family Investments, Ltd. ("Applicant") in the above -referenced
matter. Pursuant to Section 3.16 of the City of College Station Unified Development Ordinance
("UDO"), Applicant submits this Written Interpretation Application, along with our firm's check in
the amount of $105.00 as the Written Interpretation Application Fee.
In addition to review of the attached application, Applicant would also request the
following:
(1) The City previously considered the Property's specific use to be "commercial
garden/greenhouse/landscape maintenance." The term "commercial garden" is not defined in
the LIDO. Please provide a definition of this term.
(2) In her letter to Applicant dated September 16, 2011, City Attorney Carla Robinson
references an August 23, 2004 administrative adjustment approval regarding parking
requirements for the Property. Please provide copies of all documents related to this
administrative adjustment.
September 28, 2011
Page 2
Thank you for your help in this matter and consideration of this request.
Enclosures
cc: With Enclosures
Brazos Valley Carpet Outlet
Chuck Moreau
IPA Group
Natalie Ruiz
Gessner Engineering
Jeremy Peters
Carla Robinson
via Email chuck _bvcarpetoutlet.com
via Email natalie@ipsgroup.us
via Emailjpeters@gessnerengineering.com
via First Class Mail
City of College Station
City Attorney
1101 S. Texas Avenue
College Station, Texas 77842
P:\Gentry\Moreau Heirloom Gardens Rezoning 22425\Letter to Zoning Administrator 9-28-11.docx
CITY OF COLLEGE STATION
DEVELOPMENT SERVICES
1101 Texas Avenue South, PO Box 9960
College Station, Texas 77842
Phone 979.764.35701 Fax 979.764.3496
August 23, 2004
Heirloom Gardens & Interior Dboor, Inc.
12900 Old Wellborn Rd.
College Station, Texas 77845
RE: Property located at 12900 Old Wellborn Rd., Lot 10 Block 1 Rock Prairie West Business Park Subdivision
Dear Mr. Kotrla,
This letter is to inform you that the above referenced property has received an administrative adjustment of 1.54
parking spaces from the 15.4 required off-street parking spaces. The number of parking spaces required has
been reduced from 15.4 to 14.
According to the Unified Development Ordinance Section 3.15, the Administrator has the authority to authorize
adjustment of up to 10 percent from any numerical zoning standard set forth In Articles 5, 6, or 7 of the Unified
Development Ordinance. To approve the application for an administrative adjustment, the Administrator shall
make an affirmative finding that specific criteria, as outlined in Section 3.15.E of the Unified Development
Ordinance, have been met.
The Administrator has found that:
Granting the adjustment will ensure the same general level of land use compatibility as the otherwise
applicable standards because the 320 sq.ft. front porch addition to the main structure would require the
paving, curbing, and guttering of one parking space in a 14-space, nonconforming, grandfathered parking
lot;
Granting the adjustment will not materially or adversely affect adjacent land uses or the physical character
of uses in the immediate vicinity of the proposed development; and,
Granting the adjustment will be generally consistent with the purposes and intent of this UDO since parking
spaces are an integral part of a larger parking lot, which in this case is not built to City standards.
If you have any questions, please feel free to call me at 979.764,3570,
Sincerely,
Joe un
irector of Development Services
City of College Station
CC: File # 04-197
Zoning Board of Adjustment
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CITY OF COLLEGE STATION
DEVELOPMENT SERVICES
1101 Texas Avenue South, PO Box 9960
College Station, Texas 77842
Phone 979.764.3570 / Fax 979.764.3496
August 23. 2004
Heirloom Gardens & Interior D6cor, Inc.
12900 Old Wellborn Rd.
College Station, Texas 77845
RE: Property located at 12900 Old Wellborn Rd., Lot 10 Block 1 Rock Prairie West Business Park Subdivision
Dear Mr. Kotrla,
This letter is to inform you that the above referenced property has received an administrative adjustment of 1.54
parking spaces from the 15.4 required off-street parking spaces. The number of parking spaces required has
been reduced from 15.4 to 14.
According to the Unified Development Ordinance Section 3.15, the Administrator has the authority to authorize
adjustment of up to 10 percent from any numerical zoning standard set forth in Articles 5, 6, or 7 of the Unified
Development Ordinance. To approve the application for an administrative adjustment, the Administrator shall
make an affirmative finding that specific criteria, as outlined in Section 3.15.E of the Unified Development
Ordinance, have been met.
The Administrator has found that:
Granting the adjustment will ensure the same general level of land use compatibility as the otherwise
applicable standards because the 320 sq.ft. front porch addition to the main structure would require the
paving, curbing, and guttering of one parking space in a 14-space, nonconforming, grandfathered parking
lot;
Granting the adjustment will not materially or adversely affect adjacent land uses or the physical character
of uses in the immediate vicinity of the proposed development; and,
Granting the adjustment will be generally consistent with the purposes and intent of this UDO since parking
spaces are an integral part of a larger parking lot, which in this case is not built to City standards.
If you have any questions, please feel free to call me at 979.764,3570.
Sincerely,
Joey u n
Director of Development Services
City of College Station
CC: File # 04-197
Zoning Board of Adjustment
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October 25, 2011
Chuck Moreau
Moreau Family Investments, Ltd.
1834 Harris Drive
College Station, TX 77845
Re: Written Interpretation Regarding Section 6.2 Types of Use
Dear Mr. Moreau:
This letter is in response to your request for a written interpretation concerning the determination
of use as provided in Section 6.2 Types of Use of the Unified Development Ordinance (UDO),
specifically as it relates the former Heirloom Gardens & Interior Decor site located at12900 Old
Wellborn Road.
Background
The site is formerly known as the Heirloom Gardens & Interior Decor site and is located at
12900 Old Wellborn Road (Lot 10, Block 1, Rock Prairie Business Park). The property was
annexed into the City of College Station on November 1, 2002 and zoned A-O Agricultural Open
Space (Agricultural Open) via Ordinance 2590. It is stated in your application that the Heirloom
Gardens & Interior Decor operations began in 2002 when the property was located outside
College Station city limits. The previous owner expanded the existing structure on the site and
was granted an Administrative Adjustment for 1.54 parking spaces on August 23, 2004 for the
expansion to occur (see attached). The City received your rezoning application on February 9,
2011 for the subject property. Your written interpretation application asserts that the appropriate
use classification is "Retail Sales and Service" rather than "Commercial Garden/Greenhouse/
Landscape Maintenance."
Determination
Based on the information provided, the Heirloom Gardens & Interior Decor use began operations
prior to its incorporation into the City of College Station and as such is entitled to certain legal
protections regarding its continuation. According to UDO Section 9.2.A Continuance,
nonconforming uses may only expand up to 25% with the approval of the Zoning Board of
Adjustment (ZBA). Though the use was not stated in the Administrative Adjustment letter issued
in August 2004, it is known by this action that the use was not considered nonconforming at that
time, otherwise it would not have been eligible for an administrative adjustment without prior
ZBA approval. Retail Sales and Service is not a permitted use in the A-O Agricultural Open
zoning district and would therefore be considered nonconforming. The A-O Agricultural Open
zoning district includes a Commercial Garden/Greenhouse/Landscape Maintenance use category
so the subject use is conforming, though the site, parking lot, etc. were still nonconforming by
CITY OF COLLEGE STATION
DEVELOPMENT SERVICES
1101 Texas Avenue South, PO Box 9960
College Station, Texas 77842
Phone 979.764.3570 / Fax 979.764.3496
August 23, 2004
Heirloom Gardens & Interior Dbcor, Inc.
129000ld Wellborn Rd.
College Station, Texas 77845
RE: Property located at 12900 Old Wellborn Rd., Lot 10 Block 1 Rock Prairie West Business Park Subdivision
Dear Mr. Kotrla,
This letter is to inform you that the above referenced property has received an administrative adjustment of 1.54
parking spaces from the 15.4 required off-street parking spaces. The number of parking spaces required has
been reduced from 15A to 14.
According to the Unified Development Ordinance Section 3.15, the Administrator has the authority to authorize
adjustment of up to 10 percent from any numerical zoning standard set forth in Articles 5, 6, or 7 of the Unified
Development Ordinance. To approve the application for an administrative adjustment, the Administrator shall
make an affirmative finding that specific criteria, as outlined in Section 3.15.E of the Unified Development
Ordinance, have been met.
The Administrator has found that:
Granting the adjustment will ensure the same general level of land use compatibility as the otherwise
applicable standards because the 320 sq.ft. front porch addition to the main structure would require the
paving, curbing, and guttering of one parking space in a 14-space, nonconforming, grandfathered parking
lot;
Granting the adjustment will not materially or adversely affect adjacent land uses or the physical character
of uses in the immediate vicinity of the proposed development; and,
Granting the adjustment will be generally consistent with the purposes and intent of this LIDO since parking
spaces are an integral part of a larger parking lot, which in this case is not built to City standards.
If you have any questions, please feel free to call me at 979.764.3570.
Sincerely,
Joey u n
irector of Development Services
City of College Station
CC: File # 04-197
Zoning Board of Adjustment