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HomeMy WebLinkAboutLetter to ask for construction discontinuation 1999 GG- Mrs. H. A. Luther 614 Welsh Ave. College Station, TX 77840 Bobby Mirza. 612 Welsh Ave. College Station, TX 77840 Helen Pugh 601 Fairview College Station, TX 77840 October 4, 1999 City of College Station In re: Construction project either side Tom Brymer, Acting City Manager of 600 Welsh Ave. and; The Zoning Board of Adjustment 614 Welsh Ave.; 612 Welsh Ave.; The Historic Preservation Committee 601 Fairview; Box 9960 College Station, TX 77840 Mr. Nelson Nagle 510 Dennis Drive Round Rock, TX 78664 Stylecraft Builders, Inc. Randy French, President 4112 State Highway 6 South College Station, TX 77840 Gentlemen: This is a. formal request for full near -term abandonment of the current construction of two additional single family dwellings on either side of 600 Welsh Ave. We believe the city erred in issuance of construction permits for this work in many ways. This letter specifically addresses just one of them which is very important to us. It also addresses a staff management viewpoint which we think some staff personnel are using which is very bad for all of the city; it produces these problems and citizen -staff flare ups. We tried to fix this problem verbally, as cheaply and as fast as we became aware of it. However, there was no notice to us at all, so we could begin working with this issue in the some six months it took the developer, the contractor and city staff to orchestrate this project! Our to-be -filed written request was deemed to be meaningless. Thus, it is now necessary to present our problem for board level decision. In considering this, it should be apparent that Council and board level action must *AGAIN* be taken, to prevent future similar flare ups. Some of city staff are still 1 not listening to either the majority of the citizens, nor to Council, as we think this complaint illustrates. The guidelines are clear, as we see it. As the last verbal interface at this, Jeff Tondre saw a less strongly worded draft of this request. He was asked for guidance for the final document, so as to minimize the time and expense needed to bring the hest case forward to the city, both as to the complaint and any proposed solution. He verbally acknowledged that there is a problem with this construction and our plight. He noted he could not advise us on how hest to write the formal letter, which he said should he written, until he checked with the city legal department. His answer, on checking with the city legal staff, was the city has no legal obligation to consider our position, at all, - relative to this construction for protection of our property! We disagree with that. Additionally, it has come to our attention that there is a feeling that absent of a 'specific ordinance' which addresses the general policy toward additional development and construction in historic neighborhoods, such as this, city staff has no obligation to consider anything on how construction will impact a. neighborhood such as this! They are free to do as they please in exercising their own view of these things. They may act as they want and need not consider the thousands of hours of citizen -city previous work. They are not bound by any directive of Council here. We believe this perception in error. We believe staff has failed to take into account existing city ordinances, together with specific policy applicability to our property. You may affirm this with inspection on the ground and reasonable engineering study, current law noted and a simple review of the July 23, 1998, City Council meeting minutes. It's all there for anyone whom wants to do a little study. We think you may determine, if you review the City Council's minutes, in action on general policy as applicable to Neighborhood Preservation, that the all but item six of the Neighborhood Preservation Council, was ACCEPTED, in its entirety, as general policy and guidelines for the future development in the area of study for the Southside area and other older neighborhoods like this. There now ARE general staff guidelines which have been formally ACCEPTED as a. matter of policy to protect property owners like us. They are a. directive which has been ACCEPTED for city staff. Thus staff has failed to act on the generally adopted directive on policy towards us, even under a most widely interpreted perspective of a modified Carver's Governance model for staff performance, as we see it. Something is badly wrong here. First, we address the technical problem and current ordinance protection that is afforded to us which has been violated. There is no ability, at all, for the immediate downstream property to handle any additional water runoff, let alone construction waste water. There is no way to provide for it, given the current civil engineering foundation for this neighborhood, nor any near -term future engineering solution for it. 2 This neighborhood was designed, for drainage purposes among others, with alleyways at the rear of many of the houses. As designed, a formal alleyway here and both Welsh and Fairview street were lower than the property level of all of the houses in this block. The street AND the alley were both the required drain ways for water runoff, in protection to the property. The formal alley, in theory, designated for this property, behind it, is common to all houses in the block which hack it on both Fairview and Welsh Ave. By ordinance, at the time this property was frozen into the current engineering template, this alley must continue to provide several utility service requirements. Per our recall, these include that it must remain no less than 20 feet in width, and is to be paved. The original improved paving for this alley was in a. non-hard surfaced, improved gravel -like material, similar to the original street paving on Welsh. It originally had not only the required paving needed, but was the garbage pickup route for the houses. The original wood garbage can rack is still there at 614 Welsh Ave! This alleyway also contains sewer service for the houses in question in this block, most of which are still connected to it. The original sanitary service in the neighborhood was in septic tanks. The sewer supplementing them was constructed in this alley years ago as many of the houses were built. This alley also contains water and gas service for many of the houses. It, further, contains the full 6900 volt primary electrical distribution service for all of the houses in the block. That service, alone, has to be protected for access for full truck and lift operations on the ground by the city, even if there were no issue on the drainage for us. This alley, by ordinance, must not be fenced or obstructed by any property owner, and as a drainage way, no property owner is permitted to interfere with the drainage it must continue to afford. Further, in that it is longer than 100 feet in length, it must, by ordinance, remain open at both ends of the alley! That means, full city access, irrespective of what may or may not have appropriately been done with the other end of the block, the extension of Fidelity street, legally has to be maintained at the subject property end on the 600 Welsh project. None of this was addressed in the action taken together by the developer, the contractor, nor the city. As an inspection on the ground, together with applicable ordinance requirements will easily determine, none of this can be satisfied under the present construction plans. There is no easy adequate engineering solution for new construction here, as is common to many of these older neighborhoods. Specifically, the current property flooding conditions immediately down stream from these locations are already well known to City engineering. The issue is so severe for the corner area around the intersections of Welsh and Park Place, that there is no ability for that segment of the City to handle *ANY* additional water flow from major construction upstream, of *ANY* kind, which will add to the run -off. The property on which construction is to he done is already, now, slightly below street grade level for Welsh. Not a full block down stream toward 3 Park Place, the land property level decreases to what is already now nearly nine inches below current street grade level. The civil engineering foundation upon which this neighborhood was based, coupled with the fifty succeeding years in which what little drainage protection there once was, has long since been neglected and /or abandoned by the City - to the expense of the individual property owners down stream of this development. As a. matter of fact, the entire recent street overlay work that proceeded, under protest, on Welsh, has only added to the problem. The proper street level is clearly evident from the original drive way levels still in existence. The abandonment is photographically provable. The intended original below -grade full curb, gutter and sewer plans had to be abandoned more than forty years ago; the 'storm sewer' preparation, even then, overflowed into the property! It took removal of the original 'pre - storm drain facilities, coupled with private property owner paving and driveway maintenance, to even keep adequate access to their property on Welsh. This situation has remained for at least forty years now. It grows steadily worse with each additional square foot of ground either paved, or built -over, upstream. Any further major construction upstream of this area, like this, will even more seriously endanger the property of those below it. There is no realistic frontal civil engineering solution for Welsh, which will now provide drainage for this development. Significantly, the major trees below it, cannot be preserved, if any major Welsh Street work is done to alleviate the problem. The entire rear drainage for this property in the alley way behind the property, which was the actual allowable exit for all this runoff water below the development property, must be re- addressed by the City as well. It is now over -level in respect to the downstream properties as well. The City having realistically lost any ability to cure this over forty years running, cannot technically, therefore, permit further construction like this, without liability for the consequences, unless a demonstrable and satisfactory engineering solution for the problem is on hand, contemporaneous with the new construction, as we see it. Until all of you can settle this issue alone, such that no additional runoff of any kind from this major construction will reach those of us below the property, to add to our current woes, please withdraw forward work on this project. It's either that or consider the possibility that the only action we might take to gain relief, would he in the form of injunctive relief, pending litigation over the issue. That's expensive for all concerned, perhaps significantly so for you, should you lose the case. In summation, this neighborhood is a classic, historic, fragile area of the City. The guidelines for City future property development in this particular historic neighborhood are well established. They have been developed formally over many hundreds hours of public work toward guidelines for further development of neighborhoods, while preserving these fragile areas of the City. The basic policy of caution and concern for this, already has College Station City Council past approval. The focus of this near complete inability to solve this problem, in and around this particular downstream intersection and area has, on dozens of occasions, been the 4 subject of City - citizen conference, with no real solution, as well. The houses of concern are headed toward historic registry. All of this would have been easily discovered had city staff simply followed the already issued guidelines set forth in the Neighborhood Preservation Committees' report to Council and the formal adoption of that report as guidelines for future property development in this Historic Neighborhood. There is a sign demarking this property as being in this neighborhood directly in front of the development. We believe, for these permits for such new major construction, to have even been issued, for such construction, without addressing this problem, as well as other neighborhood issues, in advance, including an impact notice to the public, would be far beyond what any reasonable and prudent person would have done. Further, we don't believe that any knowledgeable and capable City staff person, given their presence at Council meetings, could have issued or permitted the issuance of any building permit for this work, absent of protection arrangements for the downstream citizens. We believe any reasonably aware such person had to have known, or should have known, that the protection of downstream residents was necessary. Gee, even the current rules force the erection of temporary plastic barriers to protect the neighbors on a temporary basis! There is *NO* form of temporary protection for construction runoff that can be made in *ANY* form for the downstream residents of this project! Sincerely yours, Mrs. H. A. Luther ichael Luther, P% 6141-lshAv-.. ,/ Bobby 'rza. 612 Wel, Ave. Helen Pugh 601 y Fairview Attachments: Minutes transcription July 23, 1998, Council Meeting. Neighborhood Preservation Committee report submission to Council. Alley Ordinance continuing duties December 1997. Copies of water load photographs on downstream properties. 5 Attachment to letter of October 4, 1999 to various parites. Partial transcription of City of College Council meeting minutes for July 23, 1998: Hickson: "I would like to move that we accept 1, 2, 3 and 5 of staff recommendations.." He is interrupted, "Could you go the two hour deal instead of one hour ?" He continued, "Yeah, eh, .. two hour parking. Mmm, .. my prob .., I don't necessarily agree right now that we need an on- street parking system. I'd like to see how these things work, before we really consider moving in that direction, to see what the impact... To me these are some things that will definitely help in that area. I agree with Jerry at this time that going to an on- street parking, parking permit with .. is maybe a little bit premature." Marr iot : "I second that." Mcilhaney: "OK, we have a motion to approve staff recommendation 1, 2 and 3 which is removing the on- street parking on George Bush; establishing a two -hour parking, uh, .. eight through five on, uh, .. Fairview and George Bush to Kerry; install no parking from here to corner signs on Fairview and then to accept the staff's proposed actions for recommendations for on, uh, .. the Committees report, items one through five and seven through thirteen. Motion by Councilman Hickson; second by Councilman Marriott. Further discussion by the Council ?" She paused, then continued, "Seeing none, I'll call for the vote. Those in favor say 'Aye'." Voices heard. "Those opposed, say 'No'." There is no sound. Whereupon she continues, "Motion carries unanimously." Look *CAREFULLY* at item number four of the Committee's recommendations. Note that this project is *NOT* a reconstruction of an old house for student use. It is *NEW* construction. Accepted Committee Item number four says: 4.) Land Use Restrictions RESOLVED, that no upcoding of structure category shall be permitted in this area. Property shall not be re- platted in this area to achieve a. higher structural density than is currently of record. So noted, staff has violated both the wishes of the people of College Station whom employ them, and the directive of the City Council, when approval of this project was given. Moreover, if you listen carefully to the Council meeting tapes, staff was expected to get back to the City Council to implement these acceptances; to our knowledge, they have never done so. In order to prevent future flareups like this, we think failure to accept the will of the people relative to issues like this must cease. 6 7/14/98 Southside / Southgate Neighborhood Preservation Report , ' Recommendations #1 - 5 NIP 1. Student Housing (Nevada & Welsh). RESOLVED, that no further changes in any property use from single-family residence or up- coding of any property in the Neighborhood Preservation Area of College Station should be permitted and are the position taken in the report. 2. Develop Themes. RESOLVED, that the theme of the Neighborhood Preservation Area addressed by the Committee shall not change from the present mixture of single-family residential dwellings and zoning in any way. 3. Opportunities For Small Business Development. RESOLVED, that the present language used by the City of College Station to describe opportunities for small business development at home is satisfactory. 4. Land Use Restrictions. RESOLVED, that no upcoding of structure category shall be permitted in this area. Property shall not be re platted in this area to achieve a higher structural density than is currently of record. 5. Zoning Changes. RESOLVED, that it would be contrary to the Public Interest, cause unnecessary hardship and substantial injustice would be done, if the zoning were changed and up- zoning of property in this area should occur. In regard to Recommendations 1, 2, 4, & 5: This issue has been largely addressed by past City Council and staff action. The City has included comments in the current Comprehensive Plan to not increase density in the Southside /Southgate area. State law prohibits a City Council from restricting future City Councils from considering zoning requests. Also, the City cannot prohibit developers from submitting zoning requests. The Council has previously voted to not require amendments to the Comprehensive Plan prior to consideration of re - zoning requests that are not in accordance with the Plan. If Council wishes, it could reconsider this option. As with any such consideration, there are pros and cons. When Council Last considered this issue, the fact that such a step would increase development review time seemed to be a major factor in Council's decision not to make this a requirement. 2 7/14/98 In regard to Recommendation 3: L ,, In accordance with the recommendation by the Southside/Southgate Neighborhood Preservation Committee, there are no plans to change the ordinances describing small business development (i.e., home occupations). Southside / Southgate Neighborhood Preservation Report Recommendation #6 6. Housing Renovation. RESOLVED, that the Committee recommend that a regulatory authority be established in the City of College Station to regulate non owner - occupied rental property in the Neighborhood Preservation Study area. Occupancy rate for unrelated adults in any such single-family residence shall not exceed the number of bedrooms and shall not exceed four such occupants in any such dwelling. The number of improved parking spaces which must be provided on the properly shall equal the number of unrelated adults permitted for any given single-family residence used as rental ro er The adoption of such an ordinance shall be requested in a timely fashion, so as to bring the Neighborhood Preservation Area under its protection as soon as it is practically possible to do so, preferably in time for the fall semester. In regard to Recommendation 6: At the City Council workshop in January, the Council directed staff to review the Southside /Southgate Preservation Committee's recommendations. Council discussed the various aspects of Recommendation #6, and asked staff to look at options other than the regulation, or permitting, of non -owner occupied rental property. In light of the direction given by Council, City staff has studied the symptoms created by non -owner occupied rental property. One of the p rima caused by both the rental housing as well as the proximity of the Texas rA &M problems University campus, is an overflow of on- street parking in the Southside /Southgate neighborhoods. City staff has reviewed the on- street parking situation and developed the following options to deal with the problem in this neighborhood: 1. Remove all on- street parking in the entire study area. 2. Remove on- street parking in the entire study area from one side of every street, leaving on- street parking on the other side of every street. 3. Permanently remove on- street parking on every street in the study area that is currently restricted by Special Event Parking. 4. No on- street parking during certain hours of the day, such as from 8:00 a.m. to 5:00 p.m. 3 7/14/98 40 . 5. Identify blocks with majority of rental units and restrict parking only on those blocks. A potential impact of this is the possibility that is parking may spill over into the blocks marked owner- occupied. 6. Use of a permit, or hangtag, method to allow on- street parking by the residents of the study area. This option also addresses the situation in Committee Recommendation #8b. Staff has also evaluated the concerns associated with the off - street parking situation. Current ordinance states that a single family residence dwelling unit will have a minimum of two off - street parking spaces. Staff has investigated the possibility of enforcing the required two off - street parking spaces for non- conforming residences built before the standard was put into effect. Staff has determined that legal restrictions facing the City prohibit this action. However, the options presented regarding restricting on- street parking could have the effect of encouraging the construction of off - street parking. With limited or no on- street parking available, property owners and residents may have an incentive to create off - street parking spaces if they do not already exist. After the options regarding the on- street parking situation were developed as an indirect method to deal with Recommendation #6, staff met with the Southside /Southgate Neighborhood Preservation Committee on May 7. The Committee asked to have the options presented to a forum of Southside /Southgate residents and property owners, and have this group reach a consensus on which option to support. Over 2,000 invitations were sent out to those who reside in the Southside /Southgate area and those who own property in this area but live elsewhere. On June 4, a neighborhood forum was held in the College Station Conference Center for the residents and property owners in the Southside /Southgate neighborhoods. The options to deal with on- street parking were presented to approximately 70 citizens in attendance, followed by a discussion period and a survey on the options. The survey was taken by ballot, and resulted in the permit system receiving the largest amount of votes. Of the 28 votes cast for this option, twelve votes asked to combine the permit system with other options. The survey results are attached for your consideration. Using these survey results and staff's analysis of the problem, staff recommends the following actions to deal with the on- street parking situation created by the proximity of Texas A &M University to this neighborhood: 1. Remove on- street parking presently along the north side of George Bush Drive from Timber to Texas Avenue. If this is done before the fall semester, staff can track where Texas A &M University commuters migrate to in search of free parking. 4 7/14/98 l / 41 D 2. Establish `'On -Hour Parking" from 8:OOAM to 5:OOPM Monday through Friday in t e areas on Fairview Avenue and Montclair Street, from George Bush Drive to Kerry Street. 3. Install "No Parking From Here To Corner" signs on Fairview Avenue to help reduce the sight distance problems created by parked vehicles. These recommendations would be a first step, and staff can watch the area to see • if the problem moves further south. If the commuter parking moves further south, the City can increase the area for restricted one hour on- street parking. One of the attached maps shows the area and volume of the Southside /Southgate Neighborhoods in which commuter parking is occurring. Staff's recommendation to deal with the problems caused by residential on- street parking is to create an on- street permit parking system. The concept is based on similar programs in cities such as Lubbock, Dallas, Austin, and San Marcos. The permit system restricts on- street parking to residents and their guests. Under such a system, residents would be able to limit non - residents from parking in front of their homes without losing valuable parking area. Using other cities' models as examples, the permit system would be based on street -by- street basis. Residents would apply for a permit through a petition and pay for the application fee, signs, and permits. Staff recommends an application /petition system of some type which would require the signature of a certain percentage of owners and /or residents adjacent to street in question. This places the responsibility for initiating such a system to the residents of a particular street while allowing the City the final authority for approving it. Information on Lubbock's residential parking program is attached for your review. It should be noted that while other Texas cities have such programs, from a legal standpoint, there are issues to consider. The streets and roadways are held in trust by the City for public usage. The cities that have established limited use of public streets have no clear statutory authority to limit the public access to the public streets. It is likely that only in extraordinary circumstances will Limited use of public roads be allowed. It is also possible that limited use of public roads may be held to be invalid. Staff is recommending implementing an application /petition based permit system on a pilot basis in a small trial area to test the system's effectiveness. If this pilot program has a positive impact, staff can implement this system in other neighborhoods as needed. Staff advises making the area bordered by George Bush Avenue to the North, Dexter to the East, Park Place to the South, and Wellborn Road to the West as the targeted trial area for the permit system. Further details of such a system would have to be worked out if Council directs staff to move forward with this recommendation. 1 5 7/14/98 ate 4I Southside /South Southgate Neighborhood Preservation Report M1 Recommendation #7 7. Restoration of the Neighborhood RESOLVED, that the Committee recommends; a. The City create a reinvestment positive climate in the area through economic means which is restricted to single-family owner - occupied homes. It is suggested that the time period for this should not exceed beyond the year 2040 and that abatement on a given individual 's property should not exceed 20 years. b. The City should tie the above point together with some form of tax abatement and/or some kind of program of low interest subsidized loans which will increase the value of non - conformance property, as well, in order to make the overall effects revenue positive for the City as time goes forward in the area. In regard to Recommendation 7: Staffs research has found the City cannot legally offer abatements of ad valorem taxes for residential property owners. However, there are existing Community Development programs which can be utilized in this neighborhood on a voluntary basis: • • If a family is low- income (less than 80% of area's median adjusted for family size) and owns their home (or purchasing it), then they can apply for owner - occupied rehabilitation assistance and Optional Relocation Program (if house is beyond repair, Community Development tears it down and rebuilds). These programs are grant programs for persons below 60% of median income, and those between 60 % -80% pay a small portion of their project cost. Community Development does not do any kind of loan for their share. • The Rental Rehabilitation Program is available for landlords of rental property on a dollar- for - dollar match, with a ceiling amount based on number of bedrooms, i.e., on a 2- bedroom Community Development loans up to $7,500. These are deferred, forgivable Loans for a 10 -year period. The landlord has to bring the property up to code and make it available for rent to low to moderate income (LMI) tenants. • . Also, the Downpayment Assistance Program is available for LMI homebuyers who might wish to purchase a home in that area (actually available city- wide). Community Development can pay up to $4,000 in down payment and closing costs. Also, they can apply for rehabilitation assistance in conjunction with this. 6 • 7/14/98 • Other assistance would be to make available painting supplies and materials to a LMI homeowner who might wish to paint the exterior of his home. Community Development has also done some relatively minor drainage projects. Community Development can also do "emergency repairs" if the health and safety of occupants is involved. While Community Development offers a variety of programs to this area, it may be that there is not a high awareness of these programs by residents and /or property owners. If Council so directed, Community Development and the City could begin a targeted marketing project to the residents and property owners in the Southside /Southgate study area. This would include workshops, flyers, and other possible informational material to get the information out to those who need it. 7 30/09 '99 08:18 FAX 403 693 4243 M D G 002 1 8-G_11 Street Names New streets shall not only be named so as to provide continuity of existing streets, but shall be named to prevent conflict with identical or similar names in other parts of the City. New streets shall not be named after any living person_ 8�H Allevs 8-H.1 Alleys may be required at the rear of all lots intended to be used for business purposes and may be provided in residential areas. 8-H.2 Alleys shall generally be parallel to the street, shall be not less than twenty feet (20) wide and shall be paved under City Engineering standards. The right -of -way for alleys shall be dedicated to the public. &H.3 Where two (2) alleys intersect, or where an alley turns, additional width may be required to allow tuming of vehicles or guying of utility poles. 8-H.4 Dead -end alleys shall not be permitted, except where the alley is one hundred feet (100 or less in le th, 1 8-H•5 In each side all alleys, overhead easements of at least four feet (4) in width shall be provided on of must hang. the his alley easement is not over required when the elec�ncca and communication lines nd communication lines are placed underground. 8.1 Easements 8-1.1 Drainage Easements Where a subdivision is traversed by a watercourse, drainage way, natural channel or stream, there may be required a drainage easement or right -of -way conforming sub- stantially to the limits of such watercourse, plus additional width to accommodate future needs as determined by the City Engineer. No construction, including fences, shall Im- pede, constrict, or block the flow of water in any easement or natural watercourse. Such easement shall not be considered a part of the lot area for purposes of minimum lot size requirements of the zoning ordinance. Drainage easements may be used for utilities. 8=1 2 Utility Easements 8-1.2.1 Each block that does not contain an alley as provided in 8-H above, shall have a utility easement at the rear of all lots, reserved for the use of alt utility lines, conduit, and equipment These utility easements shall be twenty feet (20') in width, taken ten feet (10) from each lot where the rear of the lots abut each other, and shall be continuous for the entire length of a block These easements shall be parallel as closely as possible to the street line frontage of the block 8 -1.2.2 Normal curb section shall be required where utility easements intersect streets. 8 -12.3 Where utility easements are not themselves straight within each block, or if the sart7e do not connect on a straight course with utility easements of adjoining blocks, then an additional easement shall be provided for the placement of guy wires on lot division lines in order to support poles set on curving or deviating rights - of-way or easements. 8-12.4 Utility easements may be required across parts of Tots other than as described above 1 upon recommendation of the City Engineer. 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