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Home My WebLink About04/30/2024 - Agenda Packet - Construction Board of Adjustments College Station, TX Meeting Agenda Construction Board of Adjustments and Appeals 1101 Texas Ave, College Station, TX 77840 Internet: www.microsoft.com/microsoft-teams/join-a-meeting Meeting ID: 214 095 212 074 | Passcode: n3J3Ko Phone: 833-240-7855 | Phone Conference ID: 702 248 241# The City Council may or may not attend this meeting. April 30, 2024 6:00 PM City Hall Council Chambers College Station, TX Page 1 Notice is hereby given that a quorum of the meeting body will be present in the physical location stated above where citizens may also attend in order to view a member(s) participating by videoconference call as allowed by 551.127, Texas Government Code. The City uses a third- party vendor to host the virtual portion of the meeting; if virtual access is unavailable, meeting access and participation will be in-person only. 1. Call to Order, Pledge of Allegiance, Consider Absence Request. 2. Hear Visitors. At this time, the Chairperson will open the floor to citizens wishing to address issues not already scheduled on today's agenda. Each citizen’s presentation will be limited to three minutes in order to allow adequate time for the completion of the agenda items. Comments will be received and city staff may be asked to look into the matter, or the matter may be placed on a future agenda for discussion. A recording may be made of the meeting; please give your name and address for the record. 3. Agenda Items 3.1. Consideration, discussion, and possible action to approve meeting minutes. Attachments: 1. March 22 2022 3.2. Presentation, discussion, and possible action regarding an Appeal to the Administrator's Interpretation regarding the denial of a request to extend Building Permit Applications for a project at 2200 Metalmark Way. Sponsors: Brian Binford Attachments: 1. Application 2. Correspondence 020724 3. Correspondence 031224 4. Discussion and possible action on future agenda items. A member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. 5. Adjourn. The Board or Commission may adjourn into Executive Session to consider any item listed on the agenda if a matter is raised that is appropriate for Executive Session discussion. Page 1 of 23 Construction Board of Adjustments and Appeals Page 2 April 30, 2024 I certify that the above Notice of Meeting was posted on the website and at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on April 24, 2024 at 5:00 p.m. City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” Page 2 of 23 March 22, 2022 Construction Board of Adjustments and Appeals Meeting Minutes Page 1 of 4 MINUTES CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS March 22, 2022 6:00 p.m. BOARD MEMBERS PRESENT: Chairperson Cynthia Giedraitis, Board Members Joe Fix, Tiona Broussard, Crystal Evans, Jared Walther, and Roger Winckler COUNCIL MEMBERS PRESENT: Councilmember Linda Harvell CITY STAFF PRESENT: Director of Planning & Development Services Michael Ostrowski, Building Official Brian Binford, Plans Examiners Benjamin McCarty, Tyler Haney and Bryce Trujillo, City Attorney Adam Falco, and Administrative Support Specialist Kristen Hejny 1. Call Meeting to Order, Pledge of Allegiance, Consider Absence Request. Chairperson Giedraitis called the meeting to order at 6:00 p.m. 2. Hear Visitors No visitors spoke. 3. Agenda Items 3.1 Consideration, discussion, and possible action to approve meeting minutes. • January 23, 2019 Board Member Winckler motioned to approve the minutes, Board Member Broussard seconded the motion, motion passed 5-0. Chairperson Giedraitis opened all items for discussion. Board Member Fix arrived at 6:02 p.m. Building Official Binford presented agenda items 3.2 - 3.9 to the Board recommending approval. 3.2 Public Hearing, presentation, discussion, and possible action on a recommendation to City Council regarding the adoption of the 2021 International Building Code (IBC) and related amendments. 3.3 Public Hearing, presentation, discussion, and possible action on a recommendation to City Council regarding the adoption of the 2021 International Residential Code (IRC) and related amendments. Page 3 of 23 March 22, 2022 Construction Board of Adjustments and Appeals Meeting Minutes Page 2 of 4 3.4 Public Hearing, presentation, discussion, and possible action on a recommendation to City Council regarding the adoption of the 2021 International Plumbing Code (IPC) and related amendments. 3.5 Public Hearing, presentation, discussion, and possible action on a recommendation to City Council regarding the adoption of the 2021 International Mechanical Code (IMC) and related amendments. 3.6 Public Hearing, presentation, discussion, and possible action on a recommendation to City Council regarding the adoption of the 2021 International Fuel Gas Code (IFGC) and related amendments. 3.7 Public Hearing, presentation, discussion, and possible action on a recommendation to City Council regarding the adoption of the 2021 International Energy Conservation Code (IECC) and related amendments. 3.8 Public Hearing, presentation, discussion, and possible action on a recommendation to City Council regarding the adoption of the International Property Maintenance Code (IPMC) and related amendments. 3.9 Public Hearing, presentation, discussion, and possible action on a recommendation to City Council regarding the adoption of the 2020 National Electric Code (NEC) and related amendments. Board Member Fix asked for clarification on exterior lighting controls and whether they need to be on a timer. Building Official Binford stated that exterior lighting must be controlled by a manual on/off switch that permits automatic shut-off actions. Mr. Binford also clarified that lights should be automatically shut-off when daylight needs are met, and lighting overrides must reset after 24 hours. Chairperson Giedraitis asked for a cost estimate on energy and electric changes required. Building Official Binford clarified that with the insulation increase to R49, there will be an approximate $0.20 - $0.25 price increase per square foot. Chairperson Giedraitis asked if exterior disconnects can be locked. Building Official Binford stated that some will have locks, and some will have a Knox Box. Chairperson Giedraitis stated that she sits on the Fire Advisory Board that is a collaboration of over 50 cities, meeting on fire codes. Ms. Giedraitis requested an amendment to the IRC to keep Section R313.1 and remove Section R313.2. Page 4 of 23 March 22, 2022 Construction Board of Adjustments and Appeals Meeting Minutes Page 3 of 4 Building Official Binford clarified that in the 2009 edition of the IRC required every single- family home to be sprinkled, however the state of Texas passed a law that no municipality can require every single-family home to be sprinkled. Mr. Binford further clarified that staff proposes to delete that requirement based on state law requirement. Board Member Fix asked if there are any laws that require homes to have automatic sprinkler systems. Building Official Binford stated that the only time the City of College Station requires sprinkling of single-family homes, is if they are not in a well-covered area for fire services. Board Member Broussard asked about distilled spirits and wine facilities with automatic sprinkler requirements based on the percentage of alcohol. Building Official Binford stated that these requirements are for manufacturing facilities and not for sales or personal use. Mr. Binford clarified that amendment came from the Fire Marshal’s Office. Chairperson Giedraitis opened the public hearing for agenda items 3.2-3.9. No one spoke. Chairperson Giedraitis closed the public hearing for agenda items 3.2-3.9. There was general discussion amongst the Board. Chairperson Giedraitis motioned to amend out Section R313.2 and keep Section R313.1 in the International Residential Code (IRC). There was general discussion amongst the Board regarding the proposed amendment. Board Member Winckler asked for the timeline on code revision and state law. Building Official Binford clarified that this was introduced in the 2009 code cycle, and the state of Texas passed a law that this cannot be required shortly after. Board Member Broussard asked if staff could confirm that the section is referring to townhomes. Board Member Winckler asked how the state law refers to townhomes. Building Official Binford confirmed that the City of College Station defines a townhouse as a single-family dwelling unit, constructed in a group of attached units, separated by property lines with an open space on at least two sides. Chairperson Giedraitis stated that the grey area in the state law refers to one and two-family homes. Page 5 of 23 March 22, 2022 Construction Board of Adjustments and Appeals Meeting Minutes Page 4 of 4 Board Member Winkler seconded the motion. Board Member Broussard stated that based on the definitions from Unified Development Ordinance and state law, she is not sure how much will be gained with the proposed motion. Chairperson Giedraitis asked how many townhomes and units are currently under construction. Plans Examiner Trujillo stated that there are three different townhome developments that include roughly 30 units. Chairperson Giedraitis asked about the Midtown Development. Building Official Binford clarified that the Midtown Development has permitted only single-family detached structures so far. The motion failed 2-4 with Board Members Evans, Fix, Walther, and Broussard, voting in opposition. Board Member Broussard motioned to approve items 3.2 – 3.9 as presented, Board Member Walther seconded the motion, motion passed 6-0. 7. Discussion and possible action on future agenda items. A Board Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Chairperson Giedraitis asked for notification when the codes and amendments will be presented to the Greater Brazos Valley Builders Association (GBVBA) and City Council. 8. Adjourn The meeting adjourned at 7:58 p.m. Approved: Attest: ______________________________ ________________________________ Cynthia Giedraitis, Chairperson Kristen Hejny, Board Secretary Construction Board of Adjustments Planning & Development Services Page 6 of 23 April 30, 2024 Item No. 3.2. Appeal of Interpretation Sponsor: Brian Binford, Building Official Reviewed By CBC: N/A Agenda Caption: Presentation, discussion, and possible action regarding an Appeal to the Administrator's Interpretation regarding the denial of a request to extend Building Permit Applications for a project at 2200 Metalmark Way. Relationship to Strategic Goals: •Good Governance Recommendation(s): Denial of the appeal. The applications were pursued in good faith throughout the review process. Upon completion of the City's final review, and throughout the window of time that the building permits could have been paid for, it was determined that the applicant failed to continue pursuing the applications in good faith. Summary: The 2021 International Building Code (IBC) states: An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. Permit applications were submitted for a new multi-family development project at 2200 Metalmark Way on or around 09/14/2022. The permit applications went through multiple rounds of reviews, with final round reviews being completed on 08/09/2023. In this case, the permit applications' expiration of 180 days from 08/09/2023 would have the applications expiring on 02/04/2024. In discussion with the applicant, it was agreed to set the expiration date 180 days from the date the plans were stamped as approved, 08/21/2023, making the new date of expiration 02/16/2024. Instead of paying the fees that were due, the applicant chose to pursue an extension of the expiration date. Some of the significant factors used when reviewing the extension of permit applications are if there were recent fee increases, recent changes in ordinance, and/or changes in adopted building codes. Due to the fact the City had recently gone through fee increases, as well as the fact that once complete with approved plans, the permit applications were not pursued in good faith but awaited payment, the request for extension was denied. Attachments: 1.Application 2.Correspondence 020724 3.Correspondence 031224 Page 7 of 23 4862-6526-6861, v. 2 March 15, 2024 Mr. Brian Binford, CBO Building Official Planning and Development Services City of College Station, Texas 1101 Texas Avenue College Station, Texas 77840 Re: Appeal of Denial of Permit Application Extension Request for the Deason at Jones Crossing Dear Mr. Binford: On February 1, 2024, College Station 1892 Properties, L.L.C. (“Owner”) submitted a request to extend the application deadline for building permits for the Deason at Jones Crossing. By email dated February 15, 2024 the City of College Station denied the request for extension. Please accept this letter and the enclosed application as Owner’s appeal of the denial of the extension request for these building permit applications. This appeal request is based on the following: 1. Estoppel. In August, 2023, Owner, through its engineer, contacted City staff with the concern that the Owner would not be in the position to pay for and pull the building permits under these applications, prior to the applications expiring. At that time, City staff assured Owner’s engineer that an extension of 180 days would be approved by the City of College Station upon request. Despite those assurances and the Owner’s reliance on those assurances, the extension request has been denied. If the City of College Station had not made representations to the Owner in August, 2023, then the Owner would have changed its approach to these applications. 2. Good Faith Pursuit. Section 105.3.2 of the City of College Station Building Code provides in part that an application for a permit will be deemed abandoned within 180 days of the date of filing unless (i) such application has been pursued in good faith, or (ii) the permit has been issued. The Owner has always pursued these applications for building permits in good faith and, by the plain language of the Code, the 180 day abandonment should not be applicable at all. 3. Justifiable Cause. Section 105.3.2 of the City of College Station Building Code provides that a building official is authorized to grant extensions for additional periods of time, not exceeding 90 days each and further provides Page 8 of 23 4862-6526-6861, v. 2 that the extension should be requested in writing with a demonstrated justifiable. As noted above, Owner has requested the extension in writing. As justification for the extension and as discussed with City of College Station staff, Owner is working to coordinate building permits for two retail buildings, in addition to these multifamily projects, in order to consolidate the lender financing for these projects. Please process this appeal as soon as possible and please keep Chessie Zimmerman apprised of the progress of the appeal and whether there will be a hearing that Ms. Zimmerman can attend before a decision is reached. If any other information is needed for this appeal or this notice needs to be directed to a different recipient, please notify us promptly. Sincerely, COLLEGE STATION 1892 PROPERTIES, L.L.C. By: Name: Chessie Zimmerman Title: Development Manager Page 9 of 23 CSBVARIANCE REQUEST 1 of 2 CBAA Variance Application (005) 3/15/2024 FOR OFFICE USE ONLY CASE NO.:_____________ DATE SUBMITTED:_____________ CONSTRUCTION BOARD OF ADJUSTMENTS & APPEALS Appeal / Variance Application Form MINIMUM SUBMITTAL REQUIREMENTS: ____ Filing Fee of $644.00. ____ Application form completed in full* ____ Request form completed in full APPLICANT/PROJECT MANAGER’S INFORMATION (Primary Contact for the Project): Name: Chessie Zimmerman Mailing Address 212 Lavaca Street, Suite 300 City: Austin State TX Zip Code 78701 E-Mail Address czimmerman@stratusproperties.com Phone Number 512.708.0739 Fax Number: Not Applicable PROPERTY OWNER’S INFORMATION: Name: College Station 1892 Properties, L.L.C. Mailing Address 212 Lavaca Street, Suite 300 City: Austin State TX Zip Code 787801 E-Mail Address epickens@abaustin.com Phone Number 512.478-5788 Fax Number: Not Applicable LOCATION OF PROPERTY: Address: 2200 Metalmark Way, College Station, Texas Lot 2A Block 1 Subdivision: Jones Crossing Development, Phase A, being an amending plat of Lot 2, Block 1, of the Jones Crossing Development Phase A, a subdivision in Brazos County, Texas according to the map or plat thereof recorded in Volume 14919, Page 135 of the Official Public Records of Brazos County, Texas. Description (if there is no lot, block and subdivision) ______________________________________________________________________________________ Action Requested Owner is requesting that the City of College Station grant a 90 day extension to the building permit applications that otherwise would have expired on February 17, 2024 and reverse the decision from City staff denying the extension request from Owner. Applicable Ordinance Section Section 105.3.2 of the City of College Station Building Code allowing for the extension to the building permit applications. *Note: Additional materials may be required of the applicant such as site plans, elevations, or floor plans. The Building Official shall inform the applicant of any extra materials required. Page 10 of 23 CSBVARIANCE REQUEST 2 of 2 CBAA Variance Application (005) 3/15/2024 CONSTRUCTION BOARD OF ADJUSTMENTS & APPEALS APPEAL / VARIANCE REQUEST FORM The following specific variation from the ordinance or technical codes is requested: Extension of the expiration date of the building permit applications for this Project from February 17, 2024 to May 17, 2024 _____________________________________________________________________________ This variance is necessary due to the following special conditions and circumstances: (i) Owner has been pursuing these applications in good faith and Section 105.3.2 of the City Code allows for the applications to stay active so long as Owner is pursing the applications in good faith, (ii) in August, 2023, City staff represented to Owner, through Owner’s engineer, that the City would agree to extend the applications for building permits for a period of 180 days and the City should be estopped from denying the request at this time since the Owner relied on such representation, and (iii) there is justifiable cause for the City to grant the extension since Owner is working to coordinate building permits for two retail buildings, in addition to these multifamily projects, in order to consolidate the lender financing for these projects. _____________________________________________________________________________ The above stated special conditions and circumstances do not result from the action or inaction of the applicant by virtue of the following fact(s): Owner relied on representations from City staff back in August, 2023 that the extension would be granted upon written request. _____________________________________________________________________________ Granting this variance will not confer any special privilege that is denied by the technical codes to other buildings, structures, or service systems by virtue of the following fact(s): The City Code contemplates extensions to the building permit applications and allows the extensions to be granted without a variance to the City Code. _____________________________________________________________________________ This request is the minimum variance that will make possible the reasonable use of the building, structure, or service system by virtue of the following fact(s): Owner’s intent is to complete design and pricing for two additional retail buildings, secure financing for both the commercial and multifamily projects within the next 90 days, and begin construction of the multifamily project in August 2024. _____________________________________________________________________________ This variance will be in harmony with the general intent and purpose of the technical codes and will not be detrimental to the public health, safety and welfare by virtue of the following fact(s): Page 11 of 23 CSBVARIANCE REQUEST 3 of 2 CBAA Variance Application (005) 3/15/2024 These requested extensions are contemplated by, and allowed under, the City Code and do not have any impact on the public health, safety or welfare. _____________________________________________________________________________ The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct and complete. COLLEGE STATION 1892 PROPERTIES, L.L.C. By: Name: Chessie Zimmerman Title: Development Manager __March 15, 2024____________________ Date Page 12 of 23 1 Brian Binford From:Zimmerman, Chessie <czimmerman@stratusproperties.com> Sent:Wednesday, February 7, 2024 9:07 AM To:Brian Binford Cc:Benjamin Mccarty Subject:RE: The Deason at Jones Crossing ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Thanks, Brian. Chessie Zimmerman STRATUS PROPERTIES M: 512.708.0739 From: Brian Binford <Bbinford@cstx.gov> Sent: Wednesday, February 7, 2024 8:50 AM To: Zimmerman, Chessie <czimmerman@stratusproperties.com> Cc: Benjamin Mccarty <bmccarty@cstx.gov> Subject: RE: The Deason at Jones Crossing Good Morning, It was nice talking to you. As promised, I’m following up with our director’s contact information. Michael Ostrowski mostrowski@cstx.gov 979-764-3742 Thanks, You don't often get email from bbinford@cstx.gov. Learn why this is important Page 13 of 23 2 Brian Binford, CBO Building Official Planning & Development Services City of College Station Tel: 979.764.3803 Fax: 979.764.3496 TSBPE License: I-3039 From: Zimmerman, Chessie <czimmerman@stratusproperties.com> Sent: Tuesday, February 6, 2024 5:01 PM To: Brian Binford <Bbinford@cstx.gov> Cc: Benjamin Mccarty <bmccarty@cstx.gov> Subject: RE: The Deason at Jones Crossing ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Thanks, Brian. I’ll call you first thing. Chessie Zimmerman STRATUS PROPERTIES M: 512.708.0739 From: Brian Binford <Bbinford@cstx.gov> Sent: Tuesday, February 6, 2024 4:10 PM To: Zimmerman, Chessie <czimmerman@stratusproperties.com> Cc: Benjamin Mccarty <bmccarty@cstx.gov> Subject: Re: The Deason at Jones Crossing Good Afternoon, Yes, I’m available from 8AM - 10AM tomorrow. Thanks, You don't often get email from bbinford@cstx.gov. Learn why this is important Page 14 of 23 3 Brian Binford CBO Building Official City of College Station 979-764-3803 TSBPE License: 3039 From: Zimmerman, Chessie <czimmerman@stratusproperties.com> Sent: Tuesday, February 6, 2024 3:32:57 PM To: Brian Binford <Bbinford@cstx.gov> Cc: Benjamin Mccarty <bmccarty@cstx.gov> Subject: FW: The Deason at Jones Crossing ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Good afternoon Brian, I’d like to discuss the building permits for The Deason with you one more time. Are you available for a short phone call tomorrow morning? Thanks, Chessie Chessie Zimmerman STRATUS PROPERTIES M: 512.708.0739 From: Zimmerman, Chessie <czimmerman@stratusproperties.com> Sent: Monday, February 5, 2024 11:21 AM To: Brian Binford <Bbinford@cstx.gov> Cc: Benjamin Mccarty <bmccarty@cstx.gov> Subject: Re: The Deason at Jones Crossing Brian, Thanks again for making time to speak with me on Friday afternoon. It is still our desire to extend the active status of our building permit applications. Is it possible to extend the payment deadline for a period of time shorter than 180 days; 90 days, perhaps? Page 15 of 23 4 Thanks, Chessie Chessie Zimmerman STRATUS PROPERTIES M: 512.708.0739 From: Brian Binford <Bbinford@cstx.gov> Sent: Friday, February 2, 2024 3:20 PM To: Zimmerman, Chessie <czimmerman@stratusproperties.com> Cc: Benjamin Mccarty <bmccarty@cstx.gov> Subject: RE: The Deason at Jones Crossing Good Afternoon, Not a problem! Do you mind explaining where the February 21 date is coming from? From what I can see, Ben McCarty completed his final review(s) on the multi-family permits on either 08/08/2023 or 08/09/2023 meaning the 180 days would be up on Sunday. Thanks, Brian Binford, CBO Building Official Planning & Development Services City of College Station Tel: 979.764.3803 Fax: 979.764.3496 TSBPE License: I-3039 You don't often get email from bbinford@cstx.gov. Learn why this is important Page 16 of 23 5 From: Zimmerman, Chessie <czimmerman@stratusproperties.com> Sent: Friday, February 2, 2024 3:12 PM To: Brian Binford <Bbinford@cstx.gov> Cc: Benjamin Mccarty <bmccarty@cstx.gov> Subject: Re: The Deason at Jones Crossing ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Brian, Thanks for the quick response. I think you are mistaken about the expiration date; it is February 21, not Sunday. Perhaps I wasn’t clear in my letter. We are considering interior revisions that would require additional review and approval by the city, and would result in changes to the fees due. We need additional time beyond February 21 to complete design and pricing in order to decide whether to proceed with the plans as drawn or submit revised sheets. Thanks, Chessie Zimmerman Stratus Properties (512)708-0739 On Feb 2, 2024, at 2:45 PM, Brian Binford <Bbinford@cstx.gov> wrote: Good Afternoon, It appears that the only thing preventing the permits from being issued was the site plan/DP and the permit fees being collected. The site plan/DP was paid for today. The permits can now be paid for and issued, therefore an extension would not be necessary. I would like to note that they would need to be paid for by Sunday to prevent the applications from expiring. Thanks, Brian Binford, CBO You don't often get email from bbinford@cstx.gov. Learn why this is important Page 17 of 23 6 Building Official Planning & Development Services City of College Station Tel: 979.764.3803 Fax: 979.764.3496 TSBPE License: I-3039 From: Zimmerman, Chessie <czimmerman@stratusproperties.com> Sent: Thursday, February 1, 2024 2:20 PM To: Benjamin Mccarty <bmccarty@cstx.gov> Cc: Brian Binford <Bbinford@cstx.gov> Subject: The Deason at Jones Crossing ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Good afternoon Ben, Attached, please find a formal request for an extension related to building permits for The Deason. As mentioned in the letter, please contact me if you need more information. Thanks for your time, Chessie Zimmerman STRATUS PROPERTIES 212 Lavaca Street, Suite 300 | Austin, Texas 78701 M: 512.708.0739 http://www.stratusproperties.com/ Page 18 of 23 1 Brian Binford From:Zimmerman, Chessie <czimmerman@stratusproperties.com> Sent:Tuesday, March 12, 2024 9:24 AM To:Michael Ostrowski Cc:Brian Binford Subject:RE: The Deason at Jones Crossing ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Michael, We will likely appeal this decision. Please confirm that the deadline for submitting an appeal is this Friday, March 15 (assuming the clock starts the date of your decision, which was February 15), and provide guidance on what form is acceptable and to whom it should be submitted. Thanks for your help, Chessie Chessie Zimmerman STRATUS PROPERTIES M: 512.708.0739 From: Michael Ostrowski <mostrowski@cstx.gov> Sent: Tuesday, February 20, 2024 1:11 PM To: Zimmerman, Chessie <czimmerman@stratusproperties.com> Cc: Brian Binford <Bbinford@cstx.gov> Subject: RE: The Deason at Jones Crossing Hi Chessie: The appeals and variances provision is outlined in Section 103-49 of our Municipal Code (see below). The appeal would go to the Construction Board of Adjustments and Appeals, and must be submitted within 30 days, per Sec. 103-49(c). Please let us know if you have any questions. You don't often get email from mostrowski@cstx.gov. Learn why this is important Page 19 of 23 2 Thank you, Page 20 of 23 3 From: Zimmerman, Chessie <czimmerman@stratusproperties.com> Sent: Thursday, February 15, 2024 4:15 PM To: Michael Ostrowski <mostrowski@cstx.gov> Subject: RE: The Deason at Jones Crossing ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Michael, Thank you for getting back to me. I am disappointed, though not surprised. Please provide direction about the appeal process for your decision. I’ve been told that the applicant has 30 days to appeal the decision in writing, but I would appreciate your confirming that information and referencing any applicable code section. King regards, Chessie Zimmerman STRATUS PROPERTIES M: 512.708.0739 From: Michael Ostrowski <mostrowski@cstx.gov> Sent: Thursday, February 15, 2024 3:17 PM To: Zimmerman, Chessie <czimmerman@stratusproperties.com> Subject: RE: The Deason at Jones Crossing Hi Chessie: Thank you for meeting with me and the follow up information. As discussed, the permits for building were approved in August of last year, pending the approval of the development permit. Your contractor paid for the development permit on 2/2/24, which allows the building permit to be issued, pending the payment of fees for the building permit. To note, the development permit was ready in November of 2023, we were just awaiting payment. At this time, other than the payment of fees, there is nothing holding up the issuance of the building permit on the City’s side. Staff has done multiple reviews on this project (including due to changes in design), and I don’t see the justification in extending the permit application on this project. Page 21 of 23 4 You stated that you relied on information from the City indicating that they would extend the permit applications. While a request for an extension can be made, the extension is not automatically granted. The extension must be requested and then granted by the Building Official based off of justification. You indicated that you did not speak with the Building Official regarding this, but your contractor spoke with the plans reviewer about it. After speaking with the plans reviewer, it was communicated as to the process that would be required to grant an extension, but he did not indicate an extension would be approved. While I understand the concern with trying to secure financing for the project and wanting to incorporate all fees into that financing, the building plans were reviewed and approved in August of last year, which would have allowed you to move forward with finalizing costs with contractors to go out for financing. As we discussed during our meeting, if you pay for the permit application and impact fees and do not move forward with the project, the impact fees would be returned. The building permit fees would be subject to our refund policy. I understand that there is an increase in the impact fees should your application expire and you need to reapply, however, there is no further action (other than payment) from the City that is needed to issue the permits today. As we review requests for extensions, we take into account changes as it relates to new codes and fees. The City Council adopted a schedule for increases to impact fees that gave several months notice for individuals to submit projects in time to be considered under the then current rate. This was done to allow individuals to work through the remaining steps in the process to secure the permits that were needed to move forward with projects. Due to these reasons, an extension for the application will not be granted. Please let me know if you have any further questions. Thank you, Michael Ostrowski, CEcD, AICP | Director Planning and Development Services City of College Station | cstx.gov P.O. Box 9960 | College Station, TX 77842 mostrowski@cstx.gov 979.764.3742 Page 22 of 23 5 From: Zimmerman, Chessie <czimmerman@stratusproperties.com> Sent: Friday, February 9, 2024 10:51 AM To: Michael Ostrowski <mostrowski@cstx.gov> Subject: The Deason at Jones Crossing ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Michael, Thanks for making time to meet with me this morning. To reiterate, I am requesting that the building permit application for The Deason at Jones Crossing be extended for a period of 180 days. Stratus has been a great partner to the city since beginning our project in 2015. Phase I of Jones Crossing includes the HEB grocery store and fuel station plus 45,000 SF of retail development, and provides roughly $1.5M in sales tax revenue to the city annually. Phase II includes The Deason, a 276-unit market rate multifamily project, 12,000-15,000 SF of retail, pad site users, and a realigned, signalized intersection. We plan to begin construction of Phase II this fall, and are currently working with our general contractor to finalize pricing and with lenders to secure financing. Given the impact of pandemic on commercial construction and finance, we have experienced a willingness to accommodate extended timelines in other cities. It has been our understanding since last August that the City of College Station would be willing to extend the pre-permit status of the project for up to 180 days with no penalty. We relied on that information to prepare pro formas, communicate with our Board and shareholders, and implement strategies for fiscal management. We were stunned when the Building Official denied our request. Our intent has always been to secure financing and then pay the building permit and impact fees from the loan proceeds. Stratus has worked diligently for the past four years to design a multifamily project that benefits the community, addresses the need for mid-market housing, and supports quality commercial development at Jones Crossing. It is my hope that the city will continue to be a good partner and help Phase II of our project succeed by approving our request for an extension. Thanks, Chessie Chessie Zimmerman STRATUS PROPERTIES 212 Lavaca Street, Suite 300 | Austin, Texas 78701 M: 512.708.0739 http://www.stratusproperties.com/ Page 23 of 23