HomeMy WebLinkAboutOmni Center Crystal Park PlazaMEETING NOTES HODGES & ASSOCIATES, P.L.L.C.
architects planne,rs
13642 Omega Dallas, Texas 75244-4579
Phone (972) 387-1000 Fax (972) 960-11'il9
E-Mail: mail@hodgesusa.com
P.L.L.C. Web Site: http://www.hodgesusa.com
PROJECT NAME: University Drive at S.H . 6 Bypass
College Station, Texas
JOB NO: 01149
DATE OF MTG:
PERSONS IN
ATTENDANCE:
BY:
SUBJECT:
June 30, 2003 LOCATION: City of College Station
Frank Mihalopoulos (Parklane), John Batsell (QVC Services), Jennifer
Reeves, Spencer Thompson, Bridgette George, Carl Warren, Brett
McCully (City of College Station), Stan DeMille, and Gerald Luecke (H&A)
Gerald E. Luecke
Retail Omni Building I Retail and Mixed Use
on North Side adjacent to Home Depot
The following is our understanding of items discussed. If we are incorrect on any item, please
notify this office within five (5) days for any corrections, or items are assumed to be correct as
stated.
DISCUSSION:
Civil:
1. Grading: Lots done on entire site now -our site is still in natural condition except for
road paving.
2. Wetlands: None known.
3. Drainage: Should be OK.
4. Detention: Required -covered in large pond on north end of property.
5. Food Plains: CLOMR or LOMR on adjacent property. ·
6. Erosion Control: Required. ,
7. Plat Infrastructure Requirement: Separate lot for our Omni building. But City will
consider the entire property as one shopping center.
8. Storm Water: On site now -our system must coordinate with existing system.
9. Environmental: No known issues.
10.Geotechnical: To be prepared.
11 . Traffic Study: Not required. New signal put in at south drive.
12. Tree Protection Ordinance: Existing trees -protect if possible. Credit for saving .
13. Demolition Plan: Initially protect 20' -25' of trees at property line on University, then we
can clear other trees on lot. Then can trim I clean up area.
14.Zoning Designations: C-1 . Then we OV. Overlay district. Signage, building colors.
15. 60' separation unlimited area? On backside? Use slope easement on adjacent
property? Confirm with Building Dept.
16. Setbacks: OK. 20' Landscape buffer required . 40' building setback.
17. Height: Unlimited (per email from City).
Meeting Notes
Univ. Drive & S.H. Bypass 6, College Station
June 30, 2003
Page 2
18. Impervious Cover Limitations: 40' building setback along University. 20' front setback
to drives I parking. No 24' landscape reserve along University. One tree for each 15
parking spaces. 180 sq. ft. for each island in parking area.
19. Landscape Requirements: Buffer required on back side adjacent to mulit-family - 1 O'
wide. 6' wood fence. We can use residential 20' slope element for buffer.
20. Parking Requirements: 9' x 20' stalls. Circulation space 23'. Retail - 1 :200 for entire
area of buildings. Office - 1 :200 for entire area of buildings. Restaurant - 1 :200 for
entire area of buildings.
21 . Construction limitation with Fire Marshall:
Architectural:
1. Design -stucco, texture coat, EIFS. Austin stone used on existing center.
2. Design Review: Required as part of site plan approval. Should be staff approval.
3. Can we have separate foundation permit?
4. Can we have separate site plan permit? Can get separate grading I utility permit.
5. Fire Lane Width: 20' wide, fire hydrant to FDC 150' -fire lane to building 150'. Fire
lane -access road behind building -keep free for fire lane -or create fire lane internal.
6. Site Lighting Restrictions or Requirements: Per ordinance.
7. Screening -Site, dumpsters, other: Wood fence along north property line. (Roof top,
satellite, etc.) See ordinance.
8. Sign Ordinance: Separate sign ordinance -yes, also OV district. Contact: Jeff Harris
9. Pylon Sign: Sign ordinance. 1 on each road, shared. Placement to be decided.
10. Fire Requirements: Required to be fire sprinkled. Height on University Rd. sign limited
to maximum building height (per email from City).
11 . Restrictions of egress I ingress: Fire lane -all points of building within 150'. Cul de sac
and hammerhead -150' dead end. Fire Hydrant -within 150' of fire dept. connection.
12. Timing for City Submission and Approval Variances:
13 . Submittal on Site Plan requirements.
a. Complete site plan dimensioned.
b. Building elevations all 4 sides, colored renderings, material samples.
c. Development Review -application and checklist.
d. Clarification on materials required on building design.
14. Site Plan Review and Timing: 7 to 10 days, comments back, then resubmit, then 7 to
10 days. Staff level approval. Will not hold for rep lat.
15. Building Plan Review: 3 to 6 weeks (both Building and Civil). Will review concurrently
with site plan.
16.Applicable Codes:
a. Zoning Code or PUD: Commercial I Office I Retail, C-1 New Ordinance.
b. Landscape Ordinance: City.
c. Signage Ordinance: Yes, separate.
d. Building Code: 2000 IBC.
e. Electrical Code: 2000 IEC.
Lt J:\2001 \01149\Correspondence\Meeting Notes\01149 MtgNotes 063003.doc
Meeting Notes
Univ. Drive & S.H. Bypass 6, College Station
June 30, 2003
Page 3
f. Plumbing Code: 2000 IPC.
g. Mechanical Code: 2000 IMC.
h. Fire Code: 2000 IFC.
i. State Building Code: No
j . City Ordinances: Yes, local amendments.
k. Energy Code: 2000 INT Energy Code
I. Accessibility Code: 2000 International Code and TAS.
m. Other.
END OF MEETING NOTES
Enclosure: Site Plan
xc: 01149 out
All in attendance
Lt J:\2001\01149\Correspondence\Meeting Notes\01149 MtgNotes 063003.doc
r
COLLEGE STATION
P. 0 . Box 9960 • 1101 Texas Avenue
Tel: 409 764 3500
MEMORANDUM
To: Jim Callaway, Director Development Services
Jane Kee, City Planner
Sabine Kuenzel, Senior Planner
Jessica Jimmerson, Staff Planner . _ _ Q
From: Meredith Ladd, Assistant Gty Attorney ~
Approved: Harvey Cargill, Jr., City Attorney~·
Date: June 1, 2000
Re: Legal definition of a church
QUESTION PRESENTED
College Station, TX 77842
Whether a Family Life Center adjacent to a church sanctua.ty is a "Church" underthe
T ex:as Alcoholic Beverage Code and City Ordinance.
SHORT ANSWER
As a matter of law, the A&M: United Methodist Church Family Life Center does not
appear to fit the definition of a "Clrurch." However, the intetpretation of "Church" status
for the Family Life Center under the City's Ordinance is a factual detennination that must be
made by a Zoning Official and cannot be made by the City Attorney's Office.
DISCUSSION
The City of College Station Code of Ordinances Alcohol Permit prohibits an
establishment from selling alcohol within 300 feet from a church.1 The ordinance defines a
1 Chapter One General Provisions, Section 13 Alcoholic Beverages, Subsection D (2).
Home of Texas A&M University
' ..
church as a building used principally for religious worship.2 There is also law holding that
religious education, where connected to the sanctuary is a church.3 State law gives little
further explanation of what constitutes a church.
Based upon what A&M United Methodist Church has provided as current uses of
the Family Life Center, as a matter of law the Center is not a Church because the primary
uses are not religious worship. However, as stated before this overlaps into a factual
determination that must be made by the Zoning Official, the only person under the
Ordinance who has a right to do so: Therefore, it will be up to your office to apply the
facts of this situation to the Ordinance and make the appropriate interpretation.
2 Id. at Subsection D (1).
3 Stubbsv. LiquorCmtrd Board, 166 S.W.2d 178 (Gv. App. 1943), error refused
•Chapter 12 Zoning, Section 13.7 Duties and Limitation of the Zoning Official.
COLLEGE STATION
P. 0. Box 9960
June 30, 2000
A&M United Methodist Church
417 University Dr.
College Station, Texas 77840
Dear Church Representatives,
1101 Texas Avenue
Tel: 409 764 3500
College Station, TX 77842
Thank you for returning the information previously requested in regards to the usage of your
Family Life Center. As you are aware we have been trying to determine which doors of your
facility must be measured to when processing an alcoholic beverage permit. After reviewing our
ordinances and the information you provided, we have determined that the Family Life Center
building does not itself constitute a church according to our Code of Ordinances.
Our Code of Ordinances, Section 13.D. l. defines a church as, 11a building used principally for
religious worship and in which persons assemble and congregate to worship at least once each
week and which is owned by such congregation or persons or leased by such congregation for a
period of more than one year. 11
Based upon the information provided, regarding the frequency and regularity of the different uses
of the building it could not be determined that the principal use of the building was for weekly
worship services that have occurred continuously for more than a year. It appears that the
principal use of the building is for a private day school, with the second most frequent use as that
of a fellowship hall. One of the response letters that we received from you even stated that this
building is a "multi-use facility. 11
Therefore, we have determined that the appropriate doors to measure to, when we evaluate any
alcoholic beverage permit, are the public doors of the building physically connected to your
sanctuary. Thank you again for the information you provided. If you have any questions, please
call 764-3570.
Sincerely, ~ / . ,..,
I •J . I I rv I \~J/\ A j .e__, I rt t X.J.~ :..:.· { '---··· ''-/~ g -rv { I
( Jbssica Jirnrne~
'-... Staff Planner
Hom e of Texas A&M University
D (fl
(fl 0 Cl:'. u
Legend:
~ ~
~
K>ooJ •
----
STASNY
TEXADELPHIA MEASUREMENTS
TAUBER
L. ___ _,
,---I : . ~
I ~I :~~ :
I I I I
I I
I I
: J
~-\
COLLEGE -MAIN -· \ I I I I
,j§'°1 &' I I I I I ___ J
\ ~o I I I \ ) \
Locations of Worship
Site of Application
Distance to Front Door
Distance Route
Primary
Secondary
BOYffi
I L I I
d
: 9($ :
L _____ J
[ri'----------'.~ D
w ~
I u
----
r '
·10c;,------
~(>~ ______ ,
gs i-----ll
I u
,-----,
I I
: ·-s-°' : I
Cl:'. Cl
~
I
I
tc
(
D. SALE OF ALCOHOLIC BEVERAGES NEAR CHURCHES, SCHOOLS AND HOSPITALS
( 1 ) Definitions
The following definitions shall apply in the interpretation and the enforcement of
this section:
Church: A building used principally for religious worship and in which persons
assemble and congregate to worship at least once each week and which is owned
by such congregation or persons or leased by such congregation for a period of
more than one year.
Public Hospital: A hospital to which the public at large Is admitted for medical
treatment.
Public School: A school which has one or more of the grades kindergarten through
twelfth grade, and which Is owned and conducted by the state or a political subdi-
vision or agency thereof.
(2) Sales of Alcoholic Beveraaes Prohibited
No person shall sell or engage in the business of selling an alcoholic beverage
where the place of business of such person is within three hundred (300) feet of
any church, public school or public hospital, the measurements t.o. be along the
property lines of the street fronts and from front door to front door, a.n..d then direct
· c ass street intersections where they occur.
(3) Exceptions
This ordinance shall not apply to a place of business which is legally authorized to
sell alcoholic beverages prior to the effective date of this ordinance; however,
should such a place of business disContinue the sale of alcoholic beverages, then
the provisions of this ordinance shall apply thereafter.
(Ordinance No. 1430 of June 23, 1883)
( 4) City Secretary to Certify Application
Any person intending to sell alcoholic beverages within the city limits of the City of
College Station, shall make application to the City Secretary, who shall designate
on the Texas Alcoholic Beverage Commission Application whether or not the same
is lawful by the ordinances of the City of College Station.
If the City Secretary denies the application as not complying with the City orcli-
nances, applicant may appeal directly to the City Council. If the City Secretary
fails to review the application within ten (10) working days, applicant shall have the
right to appeal to the City Council for review of the application. In order to be
placed on the agenda, applicant must file a written request for Council review
within ten (10) days of the decision of the City Secretary. The City Council shall
hear and review the application at the next available Council meeting. There is no
time limit for the filing of a written request for Council review of an application
when the City Secretary has failed to act.
(Ordinance No. 1818 of Ociom 34, 1888)
1-7
Rev. 9/93
misdemeanor and upon conviction be punished by a fine pursuant to the General
Penalty set out in Chapter l, Section 5, of this Code of Ordinances, and shall pay to
the tax collector the tax due, together with a penalty of five percent (5%) of the tax
due for each thirty (30) days that the same is not timely filed or paid.
(Ordlnanoe No. 3030 of Sepwnbw II, 11183)
(2) Tax Assessments
lf the operators of any hotel shall fail to file a report for any period as required by
this section, or shall fall to pay the tax for any period as required by this section,
then the tax assessor-collector is hereby authorized to make an assessment of the
tax for such period. The tax assessed, together with any penalties provided by this
section, shall be a prior and superior lien on all property of the hotel.
(Ordlnanoe No. 1008 of March 11, 11178)
G . EFFECTIVE DATE
This section shall be and become effective on and after October 1, 1973.
(Ordlnanoe No. 892 or &epembw 13, 11173)
SECTION 12: OFFICIAL NEWSPAPER
The Bryan-Colleae Station Dally Eaale, a newspaper of general circulation throughout the City of
College Station, Texas, published in Bryan, Texas, is hereby desiqn.ated as the official newspaper of
the City of College Station, Texas.
(Ordlnanoe No. 478 of Auguat 23, 11186)
NOTE: The current name of the publication is the Bryan-College Station Eagle.
SECTION 13: ALCOHOLIC BEVERAGES
A.. CITY COUNCIL ADOPTS HOURS PRESCRIBED IN TEXAS ALCOHOLIC BEVERAGE CODE
Pursuant to the authority granted to governing bodies of incorporated cities in Chapter l 05
of the Texas Alcoholic Beverage Code, the City Council of the City of College Station,
Texas, does hereby adopt the hours prescribed in said code for the sale, consumption, or
possession of alcoholic beverages for the purpose of consumption in any place within the
jurisdictional limits of the City of College Station, Texas.
B. CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES
It shall be unlawful for any person in the City of College Station, Texas, to consume any
alcoholic beverage in any public place or for any person to possess any alcoholic bever-
age in any public place for the purpose of consuming the same in such public place at any
time on Sunday between the hours of 1: 15 a.m. and 12:00 noon, and on all other days of the
week between the hours of 1:15 a.m. and 7:00 a.m.
C. SELLING OF ALCOHOLIC BEVERAGES
It shall be unlawful for any person in the City of College Station, Texas, to sell any alco-
holic beverage in any public place for the purpose of consuming the same in such public
place at any time on Sunday between the hours of l : 15 a.m. and 12:00 noon, and on all
other days of the week between 1:15 a.m. and 7:00 a.m.
(Ordinance No. 1873 or August as, 1986)
1-6
Rev. 9/93
.. ,
From:
To:
Date:
Subject:
Connie Hooks
JDUNN, TMCDANIEL, JCALLAWAY
1/3/97 9:03arn
Alcohol Beverage Application
Mr. Bishop will not be able to meet. However, he will be bringing in the
application. He stated that he did not make a measurment, he drove by the
location, and in viewing the properties knew it was less than 300 feet .
I suggest someone measure it from front door to street front down street front
to front door. I will be glad to go and assist.
City Ordinance requires that Mr. Madden submit a letter of request for a
council variance, if this distance is within 300 feet. I explained to Steve
that the next council meeting is January 23rd and he said that it would be
fine with him if we contacted Mr. Madden on the next step.
Steve will come back after the 23rd meeting and pick up the application
following my signature.
***********************
Steve provided an example of a situation downtown Bryan. Mr G's a bar located
on the bottom floor of third floor cantina. In that case, the bar was next
door to a church. However, the owner of bar requested a letter from church
to allow another door of the church to be designated the front door. The
church had no problem with this. This letter accompanied the letter from
applicant to City of Bryan. City of Bryan approved application, and this
information was forward to TABC to issue permit.
He suggested that we or mr. madden contact the church to use the entrance into
sanctuary which would be over 300 feet, I presume.
Anyway, let's measure it and go on to the next step.
Thanks for your assistance.
• I ~,,
From:
To:
Subject:
Todd McDaniel
RNEMCIK
Texadelphia -Reply -Reply
Texadelphia has in fact submitted an app. for a Beeer and Wine Permit w/the
TABC. I have d~scussed this w/Sabine. The bottom line is that we need to
wait and see what the TABC rules. If the TABC rules that Texadelphia is not
eligible for a Beer and Wine Permit then the City Council could consider
granting a variance if requested by Texadelphia. Todd
>>>Roxanne Nemcik 12/18/96 08:54am >>>
Since Texadelphia will have to obtain an alcoholic beverage permit, I am sure
that the TABC will not issue one to them if it violates the alcoholic beverage
code. Development services may want to check to see whether texadelphia is
within the 300 ft. radius as measured under the TABC so we will be prepared to
answer any questions for the council.
>>> Pete Shively 12/17/96 05:15pm >>>
Councilman Brad Martin called yesterday afternoon with a question about this
matter. He wanted to know how close a retail liquor licensee can be to a
church. I checked the state statute (section 109.33 of the Texas Alcoholic
Beverage Code) and the City's corresponding ordinance (Chapter 1, Section 13 ,
D(2)), and together they prohibit the sale alcohol within 300 feet of a
church.
Brad then told me that A&M United Methodist Church is across the street and
presumably within the 300 foot radius. There is also the Baptist Student
Union next door--we didn't discuss whether that building qualifies as a
church.
I asked Mr. Martin if he knew whether the proposed restaurant was goi ng to
sell alcohol and he told me that he had visited one of their restuarants in
Houston, which was heavily reliant on alcohol sales.
Mr. Martin then suggested that this information, assuming that it is accurate,
should be brought before the Council. I told him that I would pass it along
to those staff members who have been more directly involved in this matter.
That is all.
CC: SNOE, EASH, JCALLAWAY, Smccully, JDUNN
COLLEGE STATION
P. 0. Box 9960
May 5, 2000
A&M United Methodist Church
417 University Dr.
College Station, Texas 77840
Dear Church Representatives,
1101 Texas Avenue
Tet. 409 764 3500
College Station, TX 77842
The City of College Station has received an application for an alcoholic beverage retailers permit
for a property near the A&M United Methodist Church. As you are aware, to sign off on an
alcoholic beverage permit the City must first determine that the premises to be permitted is
greater than 300 feet from a church, public school or public hospital.
In the past when such applications have been received, the City measured to the doors of the
Church's main sanctuary. The assumption has been that the Family Life Center was used
primarily for social functions. During the course of a recent case in the area, it came to the
attention of the City that the usage of this building might be in transition.
Now that an application has been received, the City needs to know what is/are the use(s) of the
Family Life Center, both past and present? Please include any other pertinent information, such
as, are any of the doors kept permanently locked, and not used by the public or are different areas
of the building used for different purposes, etc.? Once this information is received, then a
determination can be made as to which doors should be used for accurate measurement purposes.
Please respond as quickly as possible. If a response is not received within 10 calendar days of
receipt of this letter, regarding the information requested above, the City will process the
alcoholic beverage permit under the continued assumption that the A&M United Methodist
Church's Family Life Center is use primarily for social functions.
If you have any questions, please call 764-3570.
Sincerely, ,.
~~
Staff Planner
cc: Harry Jones, Chair Board of Trustees
Home of Texas A&M University
A&M
United Methodist Church
May 19, 2000
Dear Ms. Jimmerson,
"Relating people to the Living Cod through Jesus Christ"
41 7 University Drive
College Station, Texas 77840-1375
Office: 409-846-8731
Fax: 409-846-3387
E-mail: amumc@myriad.net
Thank you for asking about the use of our Family Life Center. We have a list of uses both past,
present and future that I think will be helpful to you.
In the past, as recently as October of 1999, The Family Life Center was used as a place of
worship every Sunday for our 10:00 am Sunday morning worship. We are changing pastors and
this service may start once again in the fall. We are in the process of developing a Master Site
Plan and in all probability we will use this center as our only worship center on Sunday mornings
while we renovate the existing sanctuary.
Presently, this space is used for Sunday evening youth worship, Wednesday youth worship,
Thursday evening Bible study, and any given weekend it is used as a worship center when our
youth have a lock-in, plus we have groups that use it as a worship center for gatherings during
the year.
Beginning this September, this center will be used for worship on Sunday evening, Wednesday
evening and Thursday evening plus the occasional weekend gatherings by our youth and other
community worship groups during the year. The students from the Baptist Student Center will be
using the center for worship every Monday evening and Wednesday noon for worship services
during the construction of their new facility. This will take about one year.
Because the Family Life Center is a multi-use facility, we keep the doors facing College.Main
locked when it is used by our day school as protection for our children. We do open them when
we have worship services in the facility on Sunday mornings and any community wide
gatherings. We also keep the front doors locked during non-use time in our sanctuary. If
someone wants to use the sanctuary for prayer during the day or early evening, they are welcome
to enter through other doors of the connecting building.
If you have any questions, please call the church office or contact Dr. Bob Ragsdale, Chair of
the Trustees, Dr. Harry Jones, Chair of Finance, or Dr. Jesse Parr, chair of the Church Council.
In Christ,
~~
Carol Patton
Office Manager
' ' ;, : I;
MAY 1 9 2000 ; i '· -' ' i ·-·-
L_ ·----· ... -··-··-· .. ··-.. -· --··-_J
(;ITV S E:1:~hCIJ-\h {'S u1=i'1ct
L~-------&----w-----------· ..
A&M
United Methodist Church
May 19, 2000
Dear Ms. Jimmerson,
"Relating people to the Living God through Jesus Christ"
417 University Drive
College Station, Texas 77840-13 7 5
Office: 409-846-8731
Fax: 409-846-3387
E-mail: amumc@myriad.net
; . ;-· .. :
' ! i ~ ! ..
i Ci L. MAY 1 9 2000 : ; . ·
----·------·---1 ··-~ -·····-·-··------~ c~: I "/ .~~ ;.-: r · r-:. r -1 .. -1 \ r< --•. · · (· ·· · ·-·. -. ·· -.. ·-·-. ··•• "-· .,i •' 0 Uri ivl-_,. ______ . ---·-----~---~ ------------
This letter is in response to your request for information concerning the use of our Family Life Center. I hope
that you will find this information helpful in the decision making process.
Our Family Life Center is currently being used every Sunday evening and every Wednesday evening for Praise
& Worship services for teenagers in seventh through twelfth grade. Both meeting times are from 6:00p.m.
until 9:00p.m. This facility is the main meeting place for all of our youth activities including, but not limited
to: Lock-ins, banquets, Christian concerts, Bible studies, parent's night out, fund raisers, Methodist Youth
Fellowship and worship services. In addition, we host youth groups from other areas during the summer who
come to do mission work in this area. This summer, in particular, we will be hosting "Big House" during the
week of June 15 -18. A group of approximately 100 Junior High students will be staying in our facilities
while doing mission work at several area churches and homes. They will be using the Family Life Center,
each evening, for worship services. During the summer months it is not unusual for this facility to be occupied
by youth on a tlaily basis. There are NO doors to this building that remain permanently locked. All doors are
used for entry and exit.
This building is also used to house the children enrolled in our Day School program. The current enrollment is
I 00 children, six weeks to nine years of age. This is a year-round program with additional enrollment during
the summer months. Other children's ministries that are meeting in the Family Life Center include, but are not
limited to: Vacation Bible School, J.C. Club (a program for children in fifth and sixth grade~), Music Makers
(a summer musical for children ages second grade through sixth grade), Boy Scouts and Sunday 'school classes.
In addition to these regular worship services, our youth host quarterly District-Wide Worship Services. Youth
from churches throughout the Bryan District (84 churches) send their teens to this facility for a service of
worship.
I truly appreciate your taking the time to consider how frequently this building is used as a place of worship.
Our prayers are with you as you make this important decision.
Sincerely,
~)
Laurinda Kwiatkowski
Director of Youth Ministries
::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::;::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
MEMORANDUM
DATE: 05/24/2000
TO: Roxanne Nemcik, Harvey Cargill
CC: Sabine Kuenzel, Jane Kee, Jim Callaway
FROM: Jessica Jimmerson, Staff Planner
RE: Alcoholic Beverage Permit Application for 301 College Main
Based on the information attached.
1. Are we measuring from the correct door? The applicant's graphic shows a
proposed site plan. This site does not have an approved site plan, and would be required
to go before the Northgate Review Board for approval. The existing doors at the site do
not correspond to the proposed doors. At this time staff is measuring from the proposed
doors.
2. Are we measuring to the correct doors? Based on the information that the Church
has recently provided, the entire facility (Family Life Center and Main Sanctuary
Building) is used at certain times for worship and that at certain times all doors are open
to the public. Staff is measuring to all doors. This is a change from the past when we
measured only to the Main Sanctuary Building. An example of this is Texadelphia.
4. State Statute provides for the ability of the Council to grant variances to the 300-
foot rule, however it does not appear that the current City Ordinance allows for that
possibility. The Ordinance does allow for the applicant to appeal the decision of the City
Secretary to the City Council. It is my understanding that the Council may have granted
variances in the past. Does the Statute alone provide for the ability of the Council to
grant variances, or would the City Ordinance need to be amended?
Please be aware that there is an application pending.
Attachments:
Application
City's Measurement graphic
Letter to Church
Response Letters
Information gained by City through the Nightclub CUP process for 301 College Main
Information from Texadelphia case
05/24/00 Page 1of1
C~ty Secretary's Office
Request for Public Information
J .. :..
0 a t e o f R e q u e s t : _ __._/ttl__,f#.__~_i'+--/ lt,""""7a()-=-----------
Na '!' e &. D e p t. : _· __.j"'-"'-1/<t-'-11:1M_1ff}"-*-kf_--'-------------'---
Address: )·t;Y 4Y 1 ?V1/~2/ / f>Mt/1, it'-~2.C_J?,_tJ ____ _
Phone #: ·jJ f'!2-/J7;/co Fax: ----------
/NFORMA T/ON REQUESTED: (Please note: all xerox copies are ten (10)
·cents for each page copied. Additional charges may be irJcurred for non-standard copies.) ·
0 ORDINANCE 0 MINUTES 0 RESOLUTION
µt OTHER (Please be specific)·_.JUJ'JW.J::...J.'...J_L~~~.L!::_~:..J-}.~~~-
P'1 v ·t ·iwtd ~ ~
In making this request, I understand that the. City is under no obligation to cr~ate a
document to satisfy my request or to comply with a standing request' for information. I
further understand that the inforr~ation will be released only in ·accordance with the
Public Information Act, Government Code, . Chapter 552, which may require a
determination as to confidentiality by the Texas Attorney General prior to a release. I
further understand that the City of College Station has 10 working days from date of
request in which to solicit such a d,... ...... :+"-"'-~
. {
'S SIGNATURE
CITY USE ONLY
Date Completed ______ _ Employee_-_______ _
No. of Original Pages _____ _ Cost ----------
.....
"
. .,.,.. ·. j
CITY OF COLLEGE STATION
LEGAL DEPARTMENT
POST OFFICE BOX gg&a 1101 TEXAS AVENUE
COLLEGE STATION, TEXAS 77842-9960
(40Q) 764-3507
MEMORANDUM ~
TO: Connie Hooks, City Secretary {2iia~
FROM: Roxanne Nemcik, Acting City Attorney
SUBJECT: Issuance of a Beer and Wme Permit to Texadelphia
DATE: January 17, 1997
QUESTION PRESENTED:
Todd McDaniel has asked me to provide you with a legal opinion that answers the question:
Whether the method the staffhas used to measure the distance from Texadelphia's business to any
church within the general vicinity comports with state law?
SHORT ANSWER!
CHAPrER 1, SECTION 10D(2) OF 1lIE CITY OF Coll.EGE STATION CoDE OF ORDINANCES prohibits
the sale of alcoholic beverages within 300 feet of a church, public hospital or public school.
Mr. Madden, the owner of a Texadelphia franchise, has submitted an application for a wine and
beer permit to the T ABC1 and the City of College Station. The proposed Texadelphia Restaurant
will be located at 317 to 319 Patricia Street in College Station -Northgate Zoning District. The
staff has measured the distances between the proposed restaurant and any churches in the locale
to determine whether the City may issue a permit. Todd has forwarded a map depicting the on-
the-ground measurments that the staff has taken. The issue here is whether this measurement
comports with state law?
DISCUSSION:
An incorporated city may enact regulations applicable in the city prohibiting the sale of alcoholic
beverages by a dealer whose place of business is within 300 feet of a church, 2 public schooL or
public hospital. 3 In order to regulate, the city must first have enacted an ordinance. 4 Because the
City Council has enacted an ordinance prohibiting the sale of liquor within 300 feet of a church,
1 Texas Alcoholic Beverage Commission
2 A church is defined in our ordinance as "a building used principally for religious worship and in which persons
assemble and congregate to worship at least once each week and which is owned by such congregation or persons
or leased by such congregation for a period of more than one year.
3 SECTION109.33(A), TExAsALcoHOUCBEVERAOECoDE(VERNONSUPP. 1997)
4 See, Ezzell v. Texas Alcoholic Beverage Commission et al., S28 S.W.2d 888, 890 (Tex. App. -Fort Worth 1975
no writ). ·
jilcljan97/taa.doc
,,•
Connie Hooks
January 17, 1996
Page2
public school or public hospital, and the ordinance is not in conflict with state law, we may regu-
late these businesses.
Notwithstanding the enabling legislation authorizing a municipality to regulate, the legislature has
established a method by which cities must measure the distance. 5 This method of measuring
distance cannot be altered by a city.6 The prescribed method to measure the distance between the
place of business where alcoholic beverages are sold and the church shall be along the property
lines of the street fronts and from front door to front door, and in direct lines across intersec-
tions. 7 The city's ordinance prescribes the same method of measurement. In addition to the
statutory method of measurement, Texas courts have further interpreted the statutory language to
provide the following guidance concerning distance measurement. Consequently, these rules
should be used in conjunction with the statutory method of measurment when computing
distance.
1. At street intersections the crossing should be diagonally instead of crossing
each street at right angles. 8
2. Where there is more than one front door, any door of the church or institution
can be considered the front door. 9
3. A city street does not have to be crossed at an intersection with another street
but rather at the goint on the block where the front door of the church or insti-
tution is located. 0
I have attached two diagrams to this memorandum that illustrate the correct method of measuring
the distance from a church to a business that sells alcohol. These diagrams are excerpts from two
cases that are cited in the footnotes hereinbelow -Robinson and Ezzell.
The revised map that the staff has submitted to you measures the distance in this case in accor-
dance with the ALcoHOLIC BEVERAGE CoDE and case law. Using the prescribed method of
measurement, the distance from Texadelphia to the closest church, A&M United Methodist,
exceeds the 300 feet restriction. Thus, you may approve the application that Texadelphia has
· submitted for a beer and wine permit.
RN:jla
Attachments
cc: Skip Noe
Todd McDaniel
City Council
s See, SECTION 109.33(8), TExAsALcoHOUCBEVERAOECoDE(VERNONSUPP. 1997).
6 See, City of Wichita Falls v. Abell, 566 S.W.2d 336, 339 (fex. App. -Fort Worth 1978 writ refd.).
7 Id,· See also, Ezzell v. Texas Alcoholic Beverage Comm., 528 S.W.2d at 891.
1 Hallum v. Liquor Board, 166 S.W.2d 175 (fex. Civ. App. -Dallas 1942, writ refd.)
9 Stubbs v. Texas Liquor Control Board, 166 S.W.2d 178 (fex. Civ. App. -Dallas 1942, writ refd.)
to Robinson v. City of Dallas, 193 S.W.2d 821, 823 (fex. Civ. App. -Austin 1946, writ refd.)
jllcljan97/texa.doc
I . ,.
f !
t .
822 Tex. 1!)3 SOUTH WESTERN REI'OHTEH. 2d SERIES
statement of facts, and the judgment was
in favor of the city. Robinson has ap-
pealed.
Robinson's brief states that the sole is-
sue for determination is the correct method
of measurement under the ordinance, the
pertinent part of which reads: "No li-
cense or permit of any kind provided for
under this ordinance shall be issued to any
dealer * * * where the place of busi-
ness of any such dealer is within 300 feet
of any church, * * * measurements to
be made along the property line of street
fronts, and from front door to front door,
and in a direct line across intersections
(streets) where they occur; * * *."
The situation and the respective methods
of measurement contended for is shown by
the following tracing of a blue print map
attached to the agreed statement:
Robinson operates a drug store under the
name of Forest Avenue Pharmacy in a
brick building at the corner of Forest and
Oakland Avenues.
The church fronts on the west side of
Oakland Avenue, which is 60 ft. wide be-
tween property lines. Its front door is
15 ft. E of the property line. The pack-
age store is in the above brick building
abutting on the west property line of Oak-
land A venue, its north wall being 15 ft. S
of the S property line of Forest Avenue,
which intersects Oakland Avenue at right
angles. The 15-foot space between the N
wall of the package store and the S prop-
erty line of Forest Avenue is vacant. The
front door of the package store is in the
N wall of the building 15 ft. S of the south
property line of Forest Avenue, and 21 ft
6 in. W of the west property line of O;ik-
"'FoY-e. sf A v-env...e.
,-:::::
-------,
Nov'h,
l , ,·~----- -
I ~(..
0 ~wll~ ~-
~
?
~
:p I
< I
~
.-<. / -;. I
~ l
.............. "
E" store uncle: the
Pharmacy in a
er of Forest and
west side of
s 60 ft. wide b:-
ts front door ts
line. The pack-
•e brick building
erty line of Oak-
ill being lS ft. S
E Forest Avenue,
Avenue at right
:e between the N
and the S prop-
.e is _vacant. The
•e store is in the
'ft. S of the south
.venue, and 21 ft.
•erty line of Ollk-
-
-.;
IlOilINSON v. CITY OF DALLAS Te:i::. 823
Ci lens 193 S. w .2<11121
land Avenue; and appears to be readily
accessible from either Forest Avenue to
the N or Oakland Avenue to the E. Rob-
inson contends for the following method
of measurement: Begin at the church
door; thence lS ft. to E line of 0. Ave.;
thence N along said line 202 ft. to S line
of F. Ave.; thence west 8 1 ft. 6 in., cross-
ing 0. Ave. to a point on its F. Ave. S
property line opposite package store door ;
thence S l S ft. to said door ; in all
(1S+202+81.S+lS) 313.S ft. The City's
measurement follows: Begin at church
door ; thence W lS ft. to E. line of 0 .
Ave.; thence continuing W 60 ft. to its W
property line ; thence N along said line 187
ft. to N. E. corner package store build-
ing; thence W 21 ft. 6 in. to its door; in
all (1S+60+187+21.S) 283.S ft.
The ordinance appears to have been
construed in only two cases, neither of
which has direct bearing upon the issue at
bar. Hallum v. Liquor Board, Tex.Civ.
App., 166 S.W.Zd 17S {error ref.); Stubbs
v. Texas Liquor Control Board, Tex.Civ.
App., 166 S.W.2d 178 (error ref. W. M.).
The holding in the Hallum case was that at
street intersections the crossing should be
4iagonally instead of crossing each street
at right angles. That in the Stubbs case
was that a .church might have more than
one front door, and that a Sunday School
door constituted a front door. No other
authority is cited by either party having
any bearing upon the present issue.
[1, 2] We uphold the city's contention
as the only reasonable construction of the
ordinance. In its last analysis Robinson's
contention boils down to the proposition
that a city street may not be crossed except
at an intersection with another street.
There is nothing in the ordinance to war-
rant such construction, and to so construe
it would lead to manifestly untenable and
even absurd results. It is a matter of com-
mon knowledge that city blocks are of
varying sizes. Take the following hypo-
thetical case : the front door of a church
is on the property line in the exact center
of a block 300 ft. long; the package store
is in the exact center of the block (also
· 300 ft. long) on the opposite side of the
·_. street which is say SO ft. wide, and exactly
:. opposite, facing and only SO ft. from the
'··: church door. Under Robinson's conten-
i, tion the distance would be 3SO ft. We have
:: not the length of frontage on 0. Ave. of
the block in which the church is located;
but if we assume that it was at least 2SO
ft., and also assume that the door to the
liquor store was on the E (0. Ave.) si de
of the building 21.S ft. S of its N E corner,
under Robinson's contention his front door
would still be 313.S ft. from the church
door; although in fact it would be 43 ft.
nearer that door than his present door.
We find no warrant in the ordinance for
such construction.
Robinson urges the additional point, upon
which he cites no authority, that the city
is estopped from questioning the validity
of his license. The basic supporting facts
of such contention are these : In January
194S he applied for a package store permit,
making inquiry at the time of the "proper
authorities of the City" as to the distance
his front door would be from the church
door, and requesting that official measure-
ments be made to determine whether such
distance was more than 300 ft. He was
then informed that his then front door
{location not shown) was within 300 ft. of
the church door, but if it were moved to
the present location the distance would be
more than 300 ft. Accordingly he obtained
a building permit from the city building
inspector, and had a new front door cut
at a cost (including incidental repairs) of
$1,000. Thereafter, he again had the dis-
tance measured, and obtained a certificate
from the building inspector's office "on the
proper form for a package store permit"
that the location was not prohibited by the
charter. Upon this certificate he obtained
permits as follows: from the Liquor Con-
trol Board for $166.64, and from ·Dallas
County and the city for $83.32 each ; these
permits expiring August 1, 194S. There-
after he invested in excess of $4,000 in a
stock of liquors, wines and cordials.
(3, 4] The ordinance is plain and unam-
biguous, and no authority was vested in the
city or any of its officials to construe it or
to do other than enforce it in accordance
with its express terms. The permit was
invalid, and could not be made valid by
any act of the city or of any of its officials.
The city was not estopped to assert its in-
validity. See Amarillo v. Stapf, 129 Tex.
81, 101 S.W.Zd 229, a Commission opinion
adopted by the Supreme Court.
The trial court's judgment is affirmed.
Affirmed.
had enacted
referred to in
appellant did not
1>w that the City
1uch an ordinance
fered by anyone
an ordinance had
IVichita Falls had
e and if the dis-
. of the proposed
the permit was
r the neighboring
·hen measured in
1 the statute, was
1e administrative
le permit would
1t ground alone.
judicial notice of
111t be proved up
cts. See 23 Tex.
12.
1nce that was in-
:t Court trial was
tether or not
1r-cn was located
be front door of
le wine and beer
>rd makes it ap-
ed just assumed,
eof, that Wichita
effect that pro-
le permit if the
loon is less than
1 the location of
M! permit was to
' the location of
ptist Church and
iatances that are
.;
EZZELL v. TEXAS ALCOHOLIC BEVERAGE COMM. Tex. 891
Cite as 128 S. W .2cl 888
-r ~----o0 ----~ . F-
r
, ..
: .. "'I ..
-0 ~ ::r-
-= ... _t c "' .
~ II
f'
;{Do''-~ .. ..
~
.... "''~'.-~ 1 ~,v.<e.
'-tV \I".~ {--~~ K"'"\1~T ~ ... ,~ ,, .. ;.
,..: _,.
"'· 2 ... t-...
Qt
'%
. <.l
• ,
f'tllrt
01t S.Jlflfr-.. f'1
V11Nt. -t. Bee ~0>1
"'1
-to 9 E' .S.o '. I:> • t "is 1111 1L..1:>1
)'' , ..
[4] To determine the distance from the
front door of the Church to the front door
of the store involved wherein the beer and
wine were to be sold the trial court held
that you should measure from point A on
the plat to point B (the proJ:MlrlY line of the
street front) which was a distance of 68 feet
6 inches; then measure north along the
property line to point C which point is the
nearest point on Christine Street to the
door of the store (a distance of 66 feet 9
inches); then measure from point C in a
straight line to the door of the store, whict
is point D on the plat and which last mea&
urement is 89 feet. The distance from
Church door to store door, when the dis-
tance is figured in the manner above indi-
cated, is 214 feet and 2 inches.
The appellant contends that when the
distances from door to door are measured as
· provided for in . the statute you go from
point A (the Church door) to point B (prop-
erty line) 68 feet 5 inches; then measure
from point B to point E on the plat (111
feet); then go along the property line of
the street front from point E to point F
(directly in front· of the store door) a dis-
tance of 89 feet; and then measure from
point F to point D (the store door) a dis-
tance of 40 feet 3 inches. When these
measurements are added the distance is 308
feet and 8 inches. We disagree with appel-
lant's contention.
We hold that the measurement of 214
feet and 2 inches, as found by the trial
court, is correct. The manner of measuring
~·
822 Tex. 1()3 SOUTH WESTETIN TIEPOHTEH. 2d SEil.IES
statement of facts, and the judgment was
in favor of the city. Robinson has ap-
pealed.
Robinson's brief states that the sole is-
sue for determination is the correct method
of measurement under the ordinance, the
pertinent part of which reads: "No li-
cense or permit of any kind provided for
under this ordinance shall be issued to any
dealer * * * where the place of busi-
ness of any such dealer is within 300 ieet
of any church, * * * measurements to
be made along the property line of street
fronts, and from front door to front door,
and in a direct line across intersections
(streets) where they occur ; * * *."
The situation and the respective methods
of measurement contended for is shown by
the following tracing of a blue print map
attached to the agreed statement:
Robinson operates a drug store under the
name of Forest Avenue Pharmacy in a
brick building at the corner of Forest and
Oakland Avenues.
The church fronts on the west side of
Oakland Avenue, which is 60 ft. wide be-
tween property lines. Its front door is
15 ft. E of the property line. The pack-
age store is in the above brick building
abutting on the west property line of Oak-
land A venue, its north wall being 15 ft. S
of the S property line of Forest Avenue,
which intersects Oakland Avenue at right
angles. The 15-foot space between the N
wall of the package store and the S prop-
erty line of Forest Avenue is vacant. The
front door of the package store is in the
N wall of the building 15 ft. S of the south
property line of Forest Avenue, and 21 ft
6 in. w of the west property line of o~k-
"FoY-e. sf A v -env..e. ,·-------.
I ~{..
0 ~~"4-
.....-::::: ~·
~
?
Nov th, ~
~I
< I
~
.-<. /
f I
{:l l
............ ....... "
\
'
Development Services Department
Request for Public Information
Date of Request: --~5-,~--+-"/f_-~tfi_t/ ____________ _
Name: af;;J;IM frt'/
Address-: ==7=ft=Jx=• =~=~=1/j ~=/=1 =1 =~='!Aj==r =!;(===;7..=7J/=~=~=========
Phone #: __ f;+'-tL--+--<-~-=--7"--J 1.-1--"'-?i-=-O ___ Fax #: _______ _
INFORMATION REQUESTED: (Please note: The cost of all 24 x 36 pages will
be dependant on the City's cost for each page copied. Additional charges may be incurred for
non-standard copies.) Please be as name/date specific as possible.
D SITE PLANS D DRAINAGE REPORT D PLANNING CASE FILES
D BUILDING PLANS D .MINUTES ~ OTHER (Please be Specific.)
It/ti ~"J, Ler;>/ ~g_ ,J_ YI af//:,1µ,i;,.J .fdh1rd /,
In making this request, I understand that the City is under no obligation to create a document to
satisfy my request or to comply with a standing request for information. I further understand that
the information will be released only in accordance with the Public Information Act,
Government Code, Chapter 552, which may require a determination as to confidentiality by the
Texas Attorney General prior to a release. I further understand that the City of College Station
has 10 wor · da s from date of request in which to solicit such a determination.
REQ ATURE
*******************************jNt*********************************************
CITY USE ONLY
Date Completed __ '5_· _-_l_;oO_-_u_o __ _
No. of Original Pages __ ...._ ___ _ Cost -----------
From:
To:
Date:
Subject:
Jane Kee
Jessica Jimmerson; Sabine Kuenzel
616100 11 :37AM
Re: liquor license review
PS -Meredith said for us to be sure and "eat" this memo. In other words it is a confidential memo not for
any public.
>>> Sabine Kuenzel 06106100 11 :23AM >>>
the 4 of us should get together on this question in light of the memo from legal and make a determination
of whether or not the family life center constitutes a "church".
jess, please make sure jane and jim have copies of the legal memo, as well as the two letters from the
church.
here are my preliminary thoughts on this issue:
1. although the church uses the term "worship" several times in its letter to describe the activitites taking
place in the building, it is not clear that those activities are typically and customarily viewed as
constituting worship practices.
2. it seems to me that the family life center is more of a congregation hall, which may include some
worship activities, but is primarily used for social functions of the church.
3. legal has indicated that the center does not seem to constitute a church under the law.
4. from a practical standpoint, it seems that the city should only be expected to measure as a layperson
would , because the rules should be understandable to a layperson. this means we should measure to
the sanctuary building of a church. now that we know that Sunday school buildings, if they are connected
to the main sanctuary, should be included as well, and we should change our alcoholic beverage
ordinance to make that distinction so everyone knows what rules they have to abide by.
CC: Jim Callaway
From:
To:
Date:
Subject:
Jane Kee
Jessica Jimmerson; Sabine Kuenzel
616100 11 :35AM
Re: liquor license review
I think we all have copies. Meredith brought them to us.
I talked with her at length about her memo. I agree with your assessment of the activities in the bldg in
question. It really boils down to one sentance in Meredith's memo in my mind.
"There is also law holding that religious education, where connected to the santuary is a church." I asked
her if this required a physical connection (as opposed to only a spiritual or other kind of connection) and
she indicated that the case referenced did include a physical connection. In our case since the bldg. is
separate from the santuray AND is not primarily used for religious purposes makes me say we do not
include it. This would also be consisitent with our past interpretations.
»> Sabine Kuenzel 06/06/00 11 :23AM >>>
the 4 of us should get together on this question in light of the memo from legal and make a determination
of whether or not the family life center constitutes a "church".
jess, please make sure jane and jim have copies of the legal memo, as well as the two letters from the
church.
here are my preliminary thoughts on this issue:
1 . although the church uses the term "worship" several times in its letter to describe the activitites taking
place in the building, it is not clear that those activities are typically and customarily viewed as
constituting worship practices.
2. it seems to me that the family life center is more of a congregation hall, which may include some
worship activities, but is primarily used for social functions of the church.
3. legal has indicated that the center does not seem to constitute a church under the law.
4. from a practical standpoint, it seems that the city should only be expected to measure as a layperson
would, because the rules should be understandable to a layperson. this means we should measure to
the sanctuary building of a church. now that we know that Sunday school buildings, if they are connected
to the main sanctuary, should be included as well , and we should change our alcoholic beverage
ordinance to make that distinction so everyone knows what rules they have to abide by.
CC: Jim Callaway
~ fa Institutional Properties
... Future Door
6. Existing Door
/ /~
/
Legend
• Institutional Properties
[l]] Existing Nightclub Uses
A Existing Door