Stafford council delays decision on car-wash verification letter, schedules special meeting

At its July 16 meeting, the Stafford City Council heard from an attorney seeking a written verification that a car wash at 3393 Avenue E would retain its grandfathered, nonconforming status if sold.

Justin Pruett, an attorney representing property owner Sam Tamberbello, asked the council to allow the planning director to sign a verification letter stating the city recognizes the site's nonconforming use and that the status would not be extinguished by a sale. Pruett said lenders require such a letter to complete the transaction and said a recent state law changes the city's legal exposure when a nonconforming status is removed.

The request matters because Stafford's code treats some longstanding uses as 'grandfathered' (nonconforming), but the city's ordinance includes a provision that can strip that status upon transfer of ownership. Pruett told council that a 2023 Texas law can obligate a city to compensate a property owner if the city removes nonconforming status and requires demolition or other remediation as a result.

Pruett said the firm submitted a draft verification letter to city staff and asked for 'some expediency' so the sale could close. He said the owner will not expand the use and would continue to comply with the conditions for the nonconforming status.

Council members said they had not had adequate time to read the draft letter and asked for staff advice. One council member said, "I have to read this first and absorb it," and declined to vote that night without a fuller review. Mayor (unnamed) and the council discussed whether the mayor could direct the city attorney or planning director to issue a letter without full council action; city attorney Jeffrey and planning director Mr. Lubitz were cited as the staff contacts who have been working on the issue.

Council did not approve the verification letter at the meeting. Instead, members asked staff to provide the legal analysis and recommended language and arranged a special meeting with planning and zoning to consider the matter. The council also instructed the applicant to coordinate with the buyer and city staff while the council reviewed the document.

The discussion highlighted competing priorities: the property owner's interest in completing a sale and lenders's need for written verification, versus the council's duty to review legal language and rely on staff recommendations. Miss Benitez, a city staff member, said the change referenced by the attorney is expected to take effect 'about September.'

The council scheduled a special meeting with planning and zoning next Wednesday at 6:30 p.m. to consider the item and related procedural questions. No formal action authorizing the planning director to sign the draft verification letter was taken at the July 16 meeting.