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CITY 0 OLLEGE STATION
DEVELOP ENT SERVICES DEPARTMENT
Post Office Box 9960 1101 . Texas Avenue
College Station, Texas 77842-0960
(409) 764-3570
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
RE:
Planning and Zoning Commission
April 7, 1992
Conditional Use Permit for Bullwinkle's
At the meeting of the Planning and Zoning Commission that took place on February2(),
the Commissio.n approved a request for a Conditional Use Permit for a bar and grill to be
located in Culpepper Plaza at the former site of Mama's Pizza. The Permit was
conditioned on the following:
1.
2.
3.
4.
5.
6.
Provide adequate lighting in the rear parking area.
Modify the side door (facing the patio) to make it the main entrance ancl
use the "front door" (facing Quick asa Flash) as an "exit only".
Place a directional sign atthe curb cut that leads to the rear parking area.
Provide a sidewalk from the rear parking area adjacent to the patio.
Provide a physical barrier between the rear parking area and the parking
area. at Bentley House to . prevent cross-over parking.
Close the establishment by 11:00 p.m. . each night.
The conditions numbered 1 through 4 had been recommended by staff. Ricky Miller h.as
met these provisions.
Mr. Miller and. Paul Clarke, owner of BentleyHouse,haveidiscussed the physical barrier
that is to be provided between the two parking areas. . ltis possible that Mr. Clarke does
not find such abarrierdesireable..Staffis working with both Mr. Clarke and Mr. Miller
to clarify this matter.. If both parties agree that no barrier is needed, staff will inform tIle
Commission of such an agreement.
The City's Legal Department has expressedconcem regarding the limitation of the hours
for any establishment when the reason for such restriction is based on the sale .of alcoh,ol.
Any operational aspects of a business holdingaTABC permit are preempted by the
State; the City cannot alter these restrictions. The City can regulate any physical aspects
of such businesses, however. These legaFissueswerepresentedto the Commission at the
March .19 meeting. . As a result, . the Commission revised. thedconditionthatwould have
limited the hours of operation to one that would prohibit the use of the outdoor patio.
Since that time, the Legal Department has had further discussions and done research into
"'Building aBetter City in Parlnership with You"
the nature and history of the patio. Twoprevious establishments in this same location
have been a llowe dthe use of this area in nluchthe same fashion as proposed by Mr.
Miller. The use of the patio and of this lease spaceis therefore protected by its
,nonconforming status, . which will remain on this particular site until the land use
changes.
In this particular case, therefore, staff has the authority to enforce only the conditions
numbered 1 through 5 above.
cc: Jane" Kee,Senior Planner
Cheryl Rayner, Assistant City Attorney