HomeMy WebLinkAboutCorrespondenceOct, 24. 2005 4:59PM PWMM &S No, 2863 P. 2
PA,YNE, WATSON, MILLER, MALECHEK & SCHERR, P.C.
ATTORNEYS AT LAW
WALTER S. CAMPBELL
LOUIS A. MALECDEIC, nI (TREY)
CINAY L. MILLER •Hoard Ca tdod Famil Law
J. DEREK MOORE October 24, 2005
BILLY M. PAYNE
SCOTT J. SCHERR
J. DAVIS WATSON
JAY DON WATSON -Bard CcrtdW Commgrw Real Estate Law
•Board C"Med Farm and Raaah Reel E.srme Law
'Board Certified RcadcntW Real Estate Law
'Texas Board of UVA Specid1Won
Mr. Joey Dunn Via Facsimile (979) 764 -3496
Director of Planning & Development
City of College Station
1101 Texas Avenue
College Station, TX 77840
RE: Martell Interest, Landlord
Texas A &M Research Foundation, Tenant
903 Harvey Road, College Station, Texas — Leased Premises
Denial of Building Permit
Dear Mr. Dunn:
P.O. BOX 6900
BRYAN, TEXAS 77805-6900
3000 BRIMCREST DRIVE, SUITE 600
BRYAN, TEXAS 77802
TELEPHONE (979) 776.9800
FAX (979) 731 -8333
SCHERR&AYNEWATSON.COM
I have been hired to represent Martell Interest, Owner of the Woodstone Center, 903
Harvey Road, College Station, Texas with regards to the City of College Station's recent denial
of my Client's application for a demolition and building permit to complete restoration to the
903 Harvey Road location so that the Texas A &M Research Foundation can locate their offices
within the premises.
I believe that the current C -1 zoning of the subject property allows for several
"Permitted" uses that explicitly describe the activities and operations that would be conducted by
the Texas A &M Research Foundation at the subject facility.
After review of the intended use of the premises at issue and review of the Unified
Development Ordinance for the City of College Station, we believe it is clear that the intended
use of the property falls within one or more of the following "Permitted" uses in a C -1 Zoned
property:
(1) Educational Facility, Indoor Instruction: Any facility or
premises regularly attended by one or more persons for the
purpose of instruction. All instruction and activity must be
fully contained within the building. Such types of instruction
include classes in acting, art, dance, music, photography, and
martial arts.
Oct, 24. 2005 4:59PM PNM &S
woo PAYNE, WATSON, MILLER, MA,LECHEK & SCI-F.RR, P.C.
Our File No.
October 24, 2005
Page 2
No. 2863 P. 3
(2) Educational Facility, VocationaVrrade: Any public or
private secondary or higher education facility primarily
teaching usable skills that prepare students for jobs in a trade
and meeting the state requirements as a vocational facility. All
instruction and activity must be fully contained within the
building.
(3) Educational Facility, College/University: A college or
university authorized by the State to award degrees.
(4) Governmental Facilities: A building or structure owned,
operated, or occupied by a governmental agency to provide a
governmental service to the public.
(S) Office: A room or group of rooms used for conducting the
affairs of a business, profession, service, industry or
government and generally furnished with desks, tables, files,
and communication equipment.
Article 11, City of College Station UDO.
Because the clear indication is that the intended use of the property at issue is a permitted
use in an area zoned C -1, there is no apparent reason my client should not be granted the
requested building permit. Therefore, I hereby request that the requested building permit be
issued to my client so that they may move forward with minor building alterations required to
locate the Texas A &M Research Foundation within the premises at 903 Harvey Road. I hereby
request that you issue this building permit within three (3) days of receipt of this letter, as time is
of the essence for both my Client and the Texas A &M Research Foundation. If, for any reason,
you do not believe the intended use of the property is a permitted use, then we request that you
provide me with written notification of the specific facts that you contend constitute a use which
is not permitted on the property at issue.
Thank you in advance for your prompt attention to this matter. I look forward to working
with you toward an amicable resolution.
Oct,24. 2005 4:59PM PWMM &S
PAYNE, WATSON, MILLER, MALECHEK & SCHERR, P.C,
Our File No.
October 24, 2005
Page 3
Very truly yours,
No. 2863 P. 4
PAYNE, WATSON, MILLER, MALECFMK, & SCHERR
P.C.
SJS:Idm
enclosure
UJL October 13, 2005
INTEGRATED
O C E A N Lance Simms
DRILLING City of College Station
PROGRAM Asst Development Coordinator
JOI ALLIANCE
The Integrated Ocean Drilling Program (IODP) is an international
research program that explores the history and structure of the earth
as recorded in seafloor sediments and rocks.
Joint Oceanographic Institutions, Incorporated (JOI) and its partners,
the Lamont - Doherty Earth Observatory of Columbia University
(LDEO) and Texas A &M University (TAMU), have been selected by
National Science Foundation (NSF) to be the IODP United States
Implementing Organization (IODP -USIO) for the U.S. riserless
vessel and related activities. These three partners comprise the JOI
Alliance. JOI, the USIO Systems Integration Contractor, is
responsible to NSF and IODP Management International (IODP -MI)
for the overall program leadership, technical, operational, and
financial management, and delivery of services. USIO Science
Services, Texas A &M University is responsible for providing a full
array of science services, ranging from vessel and drilling operations
to ship- and shore -based science laboratories, core repositories,
and publication.
IODP, which receives funding through the US government agency,
National Science Foundation, has applied to lease the 903 Harvey
property for a short term 2 year lease. During this time, we will store
scientific instruments for maintenance and calibration, for
documenting and training staff and students. In addition, the staff
and students will order and purchase additional instruments and
supplies for use on the future vessel. They will train on the
installation, operation, and maintenance of the instrument as they
develop software and methods. This vocational and educational
aspect of the program is crucial to the overall goals of the IODP.
We look forward to using this property over the next 2 years to meet
the long term goals of IODP.
Sincerely,
Brad Julson
Supervisor of Technical Support
Integrated Ocean Drilling Program
Texas A &M University
Integrated Ocean Drilling Program /J01 Alliance
Texas A &M University, 1000 Discovery Drive, College Station TX 77845 -9547 USA
Tel: (979) 845 -3602; Fax: (979) 845 -0876; Web Site: www.oceandrilling.org
CITY OF COLLEGE STATION
Planning er Development Services
November 11, 2005
Clarke Wyndham
3608 East 29 Street, Suite 100
Bryan, Texas 77802
Re: 903 Harvey Road
Dear Mr. Schroff:
The building permit applied for at 903 Harvey Road (Permit # 05 -3656) has been denied
approval. The use of the building is not allowed in C -1 zoning classification. If you have
any questions contact the building department at 979 - 764 -3570.
Sincerely,
( -A A V
Chris Haver, CBO
Building Official
CITY OF COLLEGE STATION
October 27, 2005
Mr. Jay Don Watson By Facsimile 731 -8333
PAYNE, WATSON, MILLER, MALACHEK & SCHERR, P.C.
P.O. Box 6900
Bryan, Texas 77805 -6900
RE: Martell Interest
903 Harvey Road, College Station, Texas
Application for Building Permit #05 -3656
Dear Mr. Watson:
This correspondence is in response to your October 24, 2005, correspondence to
Joey Dunn regarding the above - referenced building permit application. Based upon my
review of your letter and my discussion with the City staff, it appears that an issue exists
concerning whether the use proposed by the lessee in this case is a permitted use under the
City's C -1 zoning district.
In you letter you ask that, "If, for any reason, you do not believe the intended use of the
property is a permitted use, then we request that you provide me with written notification
of the specific facts that you contend constitute a use which is not permitted on the
property at issue." In the event that you are seeking a written interpretation of the City's
Unified Development Ordinance, your client is required to request the interpretation in a
form established by the Administrator and made available to the public. I have enclosed a
copy of the pertinent ordinance provisions as well as a copy of the written application to be
used. You may submit the application on behalf of your client to the City's Planning and
Development Office.
Please feel free to call me if you wish to discuss this matter or if you have any
questions.
Very truly yours,
Carla A. Robinson
cc: Joey Dunn (w /o enclosures)
Lance Simms
Legal Department
P.O. BOX 9960 • 1 101 TEXAS AVENUE
COLLEGE STATION p • TEXAS . 77842
r 97� 7C� 32570 -JAX' 979.764 -3481
O: (Department Files0anning & Developmentl son Ir -
www.cstx.gov
Of
CITY OF COLLEGE STATION
Planning d' Development Services
3 November 2005
Clint Schroff
Clark & Wyndham, Inc.
3608 East 29 Street, Suite 100
Bryan, Texas 77802
RE: Written Interpretation for 903 Harvey Road, College Station, TX.
Dear Mr. Schroff:
This letter is in response to your request for a written interpretation concerning
appropriate uses for C -1 zoning districts, specifically as it relates to the proposed use of
the lease space at 903 Harvey Road.
Background
On 6 October 2005, the City received a building permit application and supporting
documentation for remodeling work at 903 Harvey Road. The information submitted with
the building permit application indicated proposed uses such as an "open fabrication
area" and "racked pallet storage ". There were also notes on the building plans indicating
that an 8 foot roll up door will be installed at the rear of the lease space along with the
installation of a "loading zone" in an area where three parking spaces are currently
located. On 13 October 2005, Brad Julson, Supervisor of Technical Support for the
Integrated Ocean Drilling Program, submitted a letter to the City concerning the proposed
use of the lease space at 903 Harvey Road. Mr. Julson's letter stated that the lease space
will be used to "store scientific instruments for maintenance and calibration..." in
addition to training staff and students. On 17 October 2005, City staff toured the facilities
at the existing Ocean Drilling Program in Research Park and viewed sample equipment.
Staff was informed that the equipment would be trucked from the Research Park location
to 903 Harvey Road for calibration, testing, and storage.
P.O. BOX 9960 • 1101 TEXAS AVENUE
COLLEGE STATION • TEXAS • 77842
979.764.3570
www.cstx.gov
Written Interpretation — Pg. 2
Determination
The zoning district for the subject property is C -1 (General Commercial). Based on the
aforementioned information, staff contends that the proposed use of the space at 903
Harvey Road is not a compatible use with a C -1 zoning district. According to Section 5.3
of the Unified Development Ordinance, the C -1 zoning district is designed to provide
locations for retail sales and services that function to serve the entire community. It is our
opinion that this use would be more compatible with the R &D (Research and
Development) zoning district, the M -1 (Light Industrial) zoning district, or possibly the
C -2 (Commercial Industrial) zoning district. When evaluating issues related to the proper
use of zoning districts, one must consider the nature of the proposed use of the property,
the existing use of neighborhood properties and the possibility that a nuisance will be
created by the proposed use. One must also consider the primary or principal use of the
space or building. While we understand that there are other uses associated with the
primary use in this case, such as office and educational uses, the information submitted
for review indicates the primary use will be the storage, maintenance, and calibration of
scientific equipment. Furthermore, the proposed use does not appear to be a service that
functions to serve the entire community. Finally, it is important to note that the lease
space at 903 Harvey Road is immediately adjacent to existing residential property that
may potentially be impacted by the proposed use on said property.
This interpretation may be appealed to the Zoning Board of Adjustments (ZBA). The
next available ZBA meeting date is 6 December 2005. The submittal deadline for the
December meeting is 7 November 2005.
We trust this information is useful. Please contact me at 979.764.3570 should you have
any questions.
Sincerely,
Jo ID , AICP
D rector of Planning and Development Services