HomeMy WebLinkAboutCorrespondence Alan Gil ;bs - Indian Lakes.doc Page 1
Memo to Roxanne Nemcik Regarding the Vesting Rights Indian Lakes
Subdivision
Master Development Plan with 22 Phases - 2002
Residential Subdivision in College Station ETJ
Final Plat for Phase 1 — December 2002 ((k
Vacating and Replat for Phases 1 — February 2004
Current application for Replat to consolidate 3 lots into 2 lots — September 2004
Staff has commented fire protection must be provided in accordance with
International Fire Code and City Design Guidelines
Paul Clarke and Chuck Ellison have responded that based on the Local
Government Code Ch. 245, this is a single permit vested back to
the original Master Development Plan and that all future phases will
likewise be vested regardless of whether or not the future phases
are in accordance with the original Master Plan
Joey Dunn (The "Administrator") Opinion: XXXX
More broadly, it would be helpful to me to discuss the nuances of Ch. 245 and
our UDO — Complete Application (UDO 3.1D,E), Single series of Permits (LGC
245.002b), Prevent Imminent Destruction (LGC 245.004(11))
Ian
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Alan Gibbs - Indian Lakes.doc Page 1
Indian Lakes
Memo to Roxanne Nemcik Regarding the Vesting Rights In d
Subdivision
Master Development Plan with 22 Phases - 2002
Residential Subdivision in College Station ETJ
Final Plat for Phase 1 — December 2002
Final Plat for Phase 2 — December 2004
Vacating and Replat for Phases 1 — February 2004
Current application for Replat to consolidate 3 lots into 2 Tots — September 2004
Staff has commented fire protection must be provided in accordance with
International Fire Code and City Design Guidelines
Paul Clarke and Chuck Ellison have responded that based on the Local
Government Code Ch. 245, this is a single permit vested back to
the original Master Development Plan and that all future phases will
likewise be vested regardless of whether or not the future phases
are in accordance with the original Master Plan
Joey Dunn (The "Administrator") Opinion: XXXX
More broadly, it would be helpful to me to discuss the nuances of Ch. 245 and
our UDO — Complete Application (UDO 3. 1 D, E), Single series of Permits (LGC
245.002b), Prevent Imminent Destruction (LGC 245.004(11))
Alan Gibbs - Re: Fwd: Indian Lakes Replat Page 1
From: Roxanne Nemcik
To: Gibbs, Alan
Date: 10/7/2004 6:40:39 PM
Subject: Re: Fwd: Indian Lakes Replat
Alan,
I have discussed chapter 245 with you and its application to our ordinance. As I have previously asked
you to do, please provide a written case summary of the facts and the decision of the Administrator. Who
is the city planner for this case? I will be back in the office next week. Please have a written case
summary and any information regarding the history of the case and written documentation.
Roxanne Nemcik
First Assistant City Attorney
1101 Texas Avenue
College Station, TX 77840
(979) 764 -3507
Fax: (979) 764 -3481
email: rnemcik@cstx.gov
This e -mail and /or attachment is for the sole use of the intended recipient(s) and may contain confidential
and /or legally privileged information. Any unauthorized review, use, disclosure or distribution is
prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all
electronic and paper copies of the original message and any attachments. Thank You.
»> Alan Gibbs 10/7/2004 4:59:30 PM »>
Roxanne,
Below is an email from Paul Clarke regarding vesting. Additionally, Chuck Ellison stopped by to discuss
this and specifically chapter 245 of the Local Gov Code. I would appreciate your input in the matter.
Alan P. Gibbs, P.E.
Sr. Asst. City Engineer - Development
Public Works Department
City of College Station
P. 0. Box 9960
College Station, Texas 77842
Ph: (979) 764 -3570
Fx: (979) 764 -3496
agibbs@cstx.gov
www.cstx.gov
»> Spencer Thompson 10/7/2004 9:43:35 AM »>
Alan,
Please let me know how you want to proceed?
thx
st
»> "Paul Clarke" <piclarke@clarkewvndham.com> 10/6/2004 6:05:04 PM »>
Hi Spencer;
An Gibbs - Re: Fwd: Indian Lakes Replat Page 2
Hope this email finds you doing well.
With regards to staffs comments on a pending minor plat amendment
reducing three lots down to two lots at Indian Lakes we wanted to bring
something to your attention regarding staff's comment about compliance
with Ordinance 13 -D. This new Ordinance deals with fire rated water
pipe in the City's ETJ. Although, we have and probably will continue to
install fire rated water lines and hydrants within The Villages of
Indian Lakes Communities, it is our optional decision to do so.
Ordinance 13 -D and any Ordinance(s) passed subsequent to our Master Plan
approvals at any of our developments are not applicable as the
developments are grandfathered pursuant to state law. This is why we
did not show up and object to the new Ordinance when it had its public
hearing. The grandfathering includes new phases, amending existing
phases under development or any development activities occurring while
we are implementing the approved development. I was told the City now
believes that platting 3 lots down to two lots constitutes and new
subdivision, this is incorrect and a bit absurd, but even if two lots
were a new subdivision, in this case, they are still only two lots
within a phase of a grandfathered development still under construction.
The lots, streets and platting phases are part of the approved
development not separate new developments under state law.
These laws are in place to protect developers from municipalities and
counties passing new Ordinances (1 a day or 1 a year it doesn't matter)
and retroactively applying them to ongoing permitted development. This
issue goes way beyond a new water line Ordinance. Indian Lakes is on its
6th of approximately 22 phases which will span many years into the
future. I'm sure the City will pass many new Ordinances in the years
ahead and compliance with any new development Ordinances in the future
will be optional, so long as we are in a continued state of permitting
and implementation of the approved development.
Please note that we have the same position regarding the Duck Haven
Estates Development. I hope this email clarifies our position on the
matter.
Best regards,
Paul
Alan Gibbs - Re: Fwd: Indian Lakes Replat Page 3
Clarke & Wyndham, Inc.
Real Estate Investment Services
College Station /Bryan Admin Office:
3608 East 29th Street, Suite 100
Bryan /College Station, Texas 77802
(979) 846 -4384 Off
(979) 846 -1461 Fax
www.clarkewvndham.com <httb: / /www.clarkewvndham.com />
Houston Office:
5005 Riverway, Suite 210
Houston, Texas 77056
(713) 681 -5876 Off
(713) 888 -0998 Fax
CC: Dunn, Joey; Harvey Cargill