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CITYOFiCOl..l..EGESTATION
Post Office Box 9960 IJOITexas Avenue
COllege Station, Texas 71842-0960
(409)764-3500
}lol1eman Properties
Ja mesHughes
110Llncoln
College Statton,
RE:
Fire Hydrant
1912 11exas. .....Avenue
Gentlemen:
AFI reHydrallt and water 1 ineto serve ltwere installed on
t hepropertybyyour>less eeat1912TexasAvenueto pr OV id e .
the requlredfireprotectioncoverage when the new business,
Charlie's,waspr~paring to open.
In orderfor.tbe.Clty to maintaIn that hydrant and water 11 ne
and. assure .. Itrem~ ins .1 n . good <w.orkIng ..order.. to .prov I de
coverage for the buIldIng at 1912 Texas Avenue, It.. will be
necessal'Y torthe019'neroft hElproperty togranttheGI ty a.n
easement, speclflcto.the..on-the-ground locatio'n through the
provisIon of..... a metes. and.bouDt.tsdescrfptIonof t hos e
appliances.. .. WIthouttheease.me.nt, .AheCItywJl1>notbe able
to Inspect oriprovide preventative maIntenance on that water
line and fire hydrant.
The ..11r ebydranfIsrequ ired.~y()rdtnance .to .pr()v Id e.... I. I r ~
protectt.<>'fl"WlthiIl300feetofa:llpart s.ol. .al1. bu 11 dings.
Without t he easement, iJbecomesith~responsj bil it Y of. the
property<owner to maIntain the appurtenances to> provide the
required .flreprot.eetlon coyerage until.s ueh time the easement
i s.gra n tedwbi chaffords theClt,yac ces st of hep rope rty to
maintaIn. them.
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I HAVE EXAMINED THE -OFFiCIAL 'ZONING MAP OF THE CITY OF COLLEGE STATION
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A Temporary. (;ertiffca te of Occupancy was issued for your
business, Charlie's, at 1912 Texas Avenue in March, 1993. The
condition attached to this C.O.was that a pernlanenteasement
would be granted to theClty for t bewat erl inea nd fire
hydrant by Apr il 1" i 993 or the Cert if i cat eof (Jccupancy would
expire.
After numerous extensions of that "Temporary Certjficate of
Occupancy", we have 1ssueda revised "l"emporarv (:Rrtificate of
Occupancy" whtchw111 expIre on 9-30-93 if a permanent
easement for the water Itneandfirehydrant has Hot been
granted to the City,andtfa completion of therequlred
landscaping as listed i.ntbeletter from you sig-ned and dated
7-9-93 and referred to you in tile letter to yon f}~om Nanette
Manhart dated 8-30-93 has not been achieved.
My offfce had numerous contacts with Mr. F'ain McDoug-al of
'r.A.C. Realty Conlpany, who wasl1elping to obta.i.n this required
easement. Examples of the dates of contact are March 19,
March 25, March 26, and March 30 (whenC.O. was Bxtended.until
April 8,1993). Subsequently, the C.O. was extenoed to April
19, 1993 at the request of the owner of the property, J'im
Hughes who was apparently working towardgrantjn~the
easement.
On April 19, 1.993, youandlf.aill McDougal came In and pleaded
your case again, indicat ingthat the owner, Jim f'ulg-hes ,wants
"an arm and a leg" to g-rant the easement. I inoicated the
City has nodeslre to shut down thebus1ness,an(j would be
happy to work with Charlie as long as he was trvin~ to meet
theowner'sreql1irements to get the easement.
On May 11,.1993 Italj{ed with {;harJie about the complaint we
had received re~arding >lttterln.~o.... C_ity property. lIe told me
he was in the process r-'ight then to take care of .it.
Additionally, he told me he was bringin~ in a rev.lsedsite
plan on May 12th to show thed.riveway being moved closer to
Texas Avenue, and in line with theH.E.B. drivel~la:v. He did
not bring in the plan.
Sometime late}~ Cllarlie didbr1ng in a plan whicll was reviewed
by staff mem'b(~rswhoapprovedhis proposed locat.ion of the
driveway witl1the stfJ>ulation that specification,s for tieing
the new curbing into the existing curbing get shown on the new
site plan. (~harlfenever brought in those specifications.
Stacy from the Engineering department made phone calls and
left word for Charli.e to callhimal)outthis on several
occasions, but Charlie never returned the calls . (In 8-9-93 I
made a calland left word for Charlie to return rny call, but
he never did. On 8-19-.93 I stoPJ)ed by the ni gbt c] l,tb after' 5
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p .m.andvisi ted wlh (;har 1 i e. It oldh imt ha t t he (~ityhad
put together some divewaygraphics which he could pickup and
attach to hisproposedslte plan, and then he should bring us
copies for Ollr f 11es,because hehadneveractna 11 Y made a
f.ormalapplica t ion fora change ins 1 t e plan.
He thanked me for stoF)pingby,offered to buy nle something to
drink" and told me he thought Young Brothers had taken care! of
that a longtime ago, blltif they hadn't, he would do it early
next week, be(~ausehe didn't have time to do it tomorrow
(8/20, a Friday).
From that time forward, I have had no contactw',t th (;:harlie.
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Cr[YOF COlll...EGESTATlON
PostOfficeBox996Q ......... ... .... . ............. .... ...110lTexas.Avenue
College Station, Texas 77842-0960
(409) 764-3500
September 21, 1993
Mr.CharlesK. Piper, Jr.
c/oCharlte's
1912.. .TexasAvenue
College Station, TX 77840
Dear Mr. Piper.:
A Temporary Certificate of Occupancy was issued for your
businessJ Charlie'sJat 1912 Texas Avenue in MarchJ 1993. The
condition attached to this C.O.was that a permanent easement
would be granted to the City>fQr the water line and fire
hydrant by Apr it :[ J1993 or the Cer t i f i cate of Occupancy wou 1 d
expire.
After numeroUs extens ions of that "Temporary Certi f icate of
OccupancY"J w.e have issued a revised "Temporary Certificate of
Occupancy" whtGh>will expire on 9-30~93. if a permanent
easement for the water line and fire hydrant has not been
grant ed tot beCt ty, and i f acomplet ion oft he r equi red
landscaping as 1 is t ed in t he letter from you signed and da t ed
7-9-93 and referred to you in the letter to you from Nanette
Manhart dated8~'30-93 has not been acJlieved.
Please contact me if you have any questions.
atta.chments
CITY OF COLLEGE STAl' I ON
Post Office Box 9960 1101 Texas Avenue
College Station, Texas 71842;.Q960
(409)764..3500
Mr......Char..les......K....Plper., Jr
1912., Texas..... Ave. ..So
ColI ege ..Statlon. ,.TX 11849
Ocotber.l, .1993
RE: Landscape\Req~irements City Ordinance NO. 1638
Lot: 5 &6 Block:4 Subdivision: Anderson Ridge Ph 4
Situs: 1912 Texas Ave So., CharlIe's
Dear Business Owner:
The. optimum. season of the year to replace landsc.aping has
arrived! Durl ng arecenJ. survey of landscapingi n the area
of your busIness., it was observed that much of your
lan'dscaplngis dead ,miss ingordy l.ng.
As you may know th.e City has adopted Landscaping Ordinances
whJch< are a part of Zoning Ordinance No.. 1638. Under this
or~inance,allbuildings except single family and duplex
dwellings are subject to the requirements which run wi th the
land.
Section 110f the Zoning Ordinance states that replacement
of dead or <missing landscaping must be. completed within 45
days of notification by the City, and replacement material
must be of similar character and the same or higher point
total as the dead or missing landscapIng.
This is yourc>fflcfal notIfication of violation of Section
11 of Ordinance No 1638. We.h()pethatyouwill Join us in
our efforts to.achieve. the goals of the City through
co.mpl.iancewithour ordinance. Please be advised that the
Zoni ng Ord i.nance prov idesprov 1 slonsfor prosecution in
Municipal Court if vlo la tionsare not corrected. Any such
ordinance is puni shed by fl nes not to exceed $2990.90. Your
deadline is forty-five (45) days from the receipt of this
letter.
If.You have any questions concerning this matter, please do
hesi tate to contact the PlannIng Office at (499) 764-3579 ·
SIncerely,
WAt/ ~
WesCastolenla
Code Enforcement OffIcer
JuIy9, ..1993
To. Whom It May Concern:
This. letter is to satisfy the requirements of the City of College Station as per our
conversation 9 a.m. July 9 ,1993 between myself,. Charles Piper . and the City of
CollegeStation;Weherebypledgeto.movethreeexistingtreeslocated. next to
Holleman . Drive...to allow more. room..forgrowth..forthe..reIIlaining..two ..trees. Grass
ha.salsQ been seededasi of the date of thisletterand 100% ground cover willbe
rea~hedwithin.l)Illonth.Ifground coveris not achieved by end of bond, we
und.ers~d. tha,t sodding will be required by the city . rrhe additional 25 paving
stones ~.eeded-win.pejnpl~ce .by such tlln.e .that bond canbe}"eleased.
Appro~Illatel~~:2asq'.Yd.~.of existing asphaltlocatedat the northeast comer of the
property willal~oberemoved at such timethatbondc.anbereleased.
Thank you,
~/~
Charles Piper
President
Golden Rule Entertainment,Inc.dba Charlie's
.
DFIRST .
~. ....erlcan
~BANK
City of College Station
Department of Development . Services
P. .0. Box 9960
College Station, Texas
MarchIO, 1993
RE: Charles]?iper
1800.<AWoodsman
College. Station,. Texas
IRREVOCABLELETTER.OF.CREDIT#049
Gentlemen:
We hereby issue this Letter of Credit # 049 iniJavorof The . City. of College. Station, for the
account of Charles Piper, fOI"(lI1aggregateamountofNI~ THOUSi\ND EIGHT HUNDRED
SIXTY FIVE AND NOlloo])OLLAjlS, {$9, 865.00), available by your draft at sight onus.
The amount..of this Letter....ofCfedit ""ill.. be available · bysi~ht draft drawn. on. First American
Bank, Bryan, .. Texas, when accompanied .bythefollowingadditional. documents:
This original Letter ofCreditajlongwithaswomstatement of an officer of The City of
College Station certifying.thatCharlesPiper is in default.
This Irrevocable. Letter .of. Credit is , except as otherwise expressly stated, subj eet to "Uniform
Customs and Practice Docurnentary Credits", 1983 Revision, IntemationalCham'ber of
Commerce, Publication No. .400.
We hereby. agree. with YOU thatalldraftsdrawllunderand incoInp, · e with the terms of this
credit will bedulyhonoredifdrawnand presented to us on or fore July 10, 1993, before
3:00p.m. central standard time.
~~.5r\D~~6
1111 . Briarcrest Drive
Bryan, Texas 77802
(409) 268.7575
Post Office Box 1033
Bryan, Texas..77805
Member FDIC
PostOffic:eBox9960 .. ... ....... ........ . . ...110lTexasAvenue
College Station, Texas 77842-<>960
(409)764-3500
RE: LaIldsqapingBondorLetterofCredit on 1912 Texas Ave.
AndersonRidgeSubd..Phase4,LOts5&6. Blk4
Dear Mr. Piper:
This letter isa.confjrmation.ofthe fact that the Gitym ust havealettef()fcredit or bond
covering theabovenallled.pr()pertybefor~aCertificateof Qcc\lpancy.canbe issued if the
Landscape requirementsaJ."eDot completed. (As per Section 11 pf the ZOning, Ordinance).
Section 11JiAoft~eZonin~grdinaceanows fora4month.~xtension .forcoIUpliance
with the LandsC3.perequirem~D.ts\Vith the presentation of said letter of creditor bond in
the dollar amount of 5tilIles. the points required.
On this property thepointre9uiremenf is 1973 points. The bond or letterm ust be in the
amount of at leastS9865.QO.The.t1uedatemaybeup t()4 months from the issue date or
c. o. date or anytime sh()~erthan th~t. . Within that time period, once requirements
covered..under the Landscaping Section of the ZoningQrd.ar~ completed, inspected.and
determined t()meetthepointr~q\liremel}.t as indicated above, meets other ordinance
requirements and matches the submitted and approved landscape plan,. the bond or . letter
will be released.
Please let mekn.ow if you have any further questions.
Sincerely,
I1~fv\\t\~~
Nanette M.Manhart . . ii
Mapping Specialist
cc: To File
FILE NOTE #92-715
Cbal.lie's
1912 Texas Avenue
June 7, 1993
I spoke with Charlie today regarding the letter of credit guaranteeing the
landscaping requirements and the removal of the existing asphalt along Texas
Avenue. Charlie requested to delay the removal of the asphalt until the fall.
Veronica Motgan informed me that the.. asphalt removal was part. of the. original
letter of credit. She agreed that if Charlie provided a bid of the asphalt removal,
we would allow him to extend the letter of credit, for that amount, for six months.
In order to release the.. extended . letter of. credit, the asphalt would have to
removed and the area>seededorsoddedwithinthesixmonth time frame.
I also informed ...Charlie that the remaining landscaping requirements, that are
guaranteed by the original Jetter of credit, wouldhave.to be completed prior to
8:00 a.m., Friday, July 9, 1993 in order to give staff, time to inspect the work and
if necessary, cash the bond.
Charlie requested a list outlining exactly what needed to be completed prior to
the July 9th deadline. I told him that one would be provided to him at the staff
review of the revised. site plan. on Wednesday, June 9,. 1993.
~
Nata ie Thomas
Planning Technician
cc: Veronica Morgan
Nanette Manhart
Shirley Volk
Sabine Kuenzel
FILE NOTE #92-715
Charlie's
191'2 Texas Avenue
June 9 , 1993
The Project ReyieW(J01Il1llitteemet. today and discussed the relocation of the
ac.cessdrive at Charlie's. He proposed to .move the existing drive on Holleman
Avenue toalignwiththeH.E.B.drive across the street. The Committee asked
that Charlie add the following items. to the site. plan:
__ a cross section of the pavement; and,
__ show how the existing. entrance will be closed.
Staff asked Charlie to submit 4 or. 5 copies. of the revised site plan for approval.
I rel11indedCharliethat the remaining landscaping requirements would have to be
completed by 8:00a.m., Friday, July 9, 1993 in order to give staff time to inspect
the work and if necessary, cash the bond.
Nanette Manhart met with Charlie and discussed what exactly needed to be
completed prior to the July 9th deadline. (See the previous file note pertaiIling
to the asphalt. removaL)
lJ1~
Natalie Thomas
Planning Technician
~
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July 6, 1993
Charles K. Piper
"Charlies"
1912 Texas Ave.
College Station, TX 77840
Dear Mr. Piper:
This is a last minute letter to be sure that you realize
that if the landscape improvements are not complete as of
Friday, July 9, 1993 at 8:00 am, the city will immediately
start the proceeduretodra.wdown the irrevocable letter of
credit (#049) provided by First American Bank. As we have
discussed on severaloccasioIls,theseimprovements include
grass in all islands, specialty pavers as indicated on your
site plan in several islands, and the removal of the
pavement as planned along Texas Ave.
Please be aware that three canopy trees as planted currently
in your parking lot islands.do not meet. the approved
landscape plan. You will. have to move one of each of those
three trees to another location as shown on your approved
landscape plan. Please call me if you have any questions as
to where these trees can be placed.
I urge you.tocompletethese landscape improvements
immediately so that we may avoid the draw down of this
letter of credit. Sabine orI will be happy to answer any
questions you may have in order to facilitate your
completion of 'these improvements.
I will be on site for inspection about 8:30 am Friday July
9, 1993.
Sincerely,
Nanette.M.Manhart
~~J
~~",j.- ~~\ ~ ~ '/'od~.
S~->~~ ~ e r
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....
n FIRST ·
........ .... .....eifICan
~BANK ...
July 9, 1993
City ..ofCollege Station
DepartlTIen tofDevelopmen tServices
P. O.Box ..9960
College Station, Texas 77842-0960
RE: Charles Piper
1800 A Woodsman
College Station, Texas 1'7840
IRREVOCABLELETTER.OFCREDIT#.060
Gentlemen:
We hereby issue this LytterofGredit U060infavorofThe City of College Station, for the
account of Charles Pipet, Iqranaggregatealllounfof ONE THOUSAND FIVE HUNDRED
ANDpOllOO DOLLARS,{$l ,500..00) ,availableby>yourdraft at sight on us.
The amountof this Letter of Credit will be available by sight draft drawn on First American
Bank, . Bryan .,Texas,wl1enaccompanied.. bytl1efollowingaddi tionaldocuments:
This. original. Letter.of Credit along. with. a sworn statement of an officer of The City of
College Station certifying that Charles Piper is in default.
This..Irrevocable.Letter of.Credit is, except.as otherwise..expressly stated, subject to.."Uniform
Customs and Practice Documentary Credits" ,1983 Revision, International Chamber of
COlTIlnerCe,PublicationNo. 400..
We hereby agree with you tharall drafts drawn under and in compliance with the terms of this
credit will be duly honored if drawn and . presented to us on · or before September. 30, 1993,
before 3:00 p.nl. central standard tinle.
1111 Briarcrest Drive
Bryan, Texas 77802
(409) 268-7575
PostOffice Box 1033
Bryan, Texas 77805
Member FDIC
."
Proposal
Brazos Paving, Inc.
P.O. Box 714
Brvan.Tx. 77806
Phone:409~822-7605
TO:
Charlie Piper
Charlie's Bar
Proposal Date:
FOR:
Asphalt . Removal
8.;.Jul-93
Job Description
We propose to fumishafllabor ,materialandequipment to do the following:
Un.
Unit Price
Amount
Item
Remove and haul away approximately 623 · sy of asphalt
Total
$950.00
$950.00
$950.00
t)$AI.. e.s ---rA~:t:-N~ L....L-\...I) Er"~
Acceptance of Proposal-Theabovehprices, speci- Note: Th.isproposal may be withdrawn ~c r---
. . by . us if . not accepted. .within -r..;l.. days
fications. and...conditionsare..satisfactoryand..are . hereby... accepted. You. are
authorized to do the work specified. Paymerrtwill be as outlined above.
Date of Acceptance: ... .. 9/9/ "t 3
~~=~ ../l-/~~c71z~j ~ By.
Dee. 7, 1992
Memo to file from Nanette Manhart)\..
-phone call with Sabine and Charlie Piper re: the possible
postponement . of putting . in ..landscaping without a bond or
letter of credit. He indicated he was concerned that the
trees wpuld die if wegotcQld weather. (While he has a
valid . concern most people . prefer to plant this time of.. year
and take. a chance, because<youget healthiersununer plants
as they have had timetod19velop feeder roots .) I told him
to my knowledge there was no other choice other than to put
in landscaping or post bond. If most landscaping was in a.nd
were missing say 10% we cOllld accept a letter for the
missing 10% if it were to,pein within 2 weeks. But I said
I would check with legal to see there were any other choices
ava.ilable.
-Checked with legal. Talked to Roxanne. She offered maybe a
"conditionaIC.O."or possibly a "development agreement" as
poss ib Ie.. ...s 0 lutions...
-Talked with Jane. She said it was not an appropriate use
of eith~r option, so
-Called Charlie back and told him that he had to either post
a bond (or letter of credit) or put in the. landscaping. He
indicated that he would put in the landscaping. '.
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1801 Holll!111an Dri"e '-..--
("ol/l'Ke ..~'tatioll, Tl!xas-77840
409-693-8621
q{;) ~/j/~
December 17, 1992
City 9fCollege Station
Planning and Zoning Commission
Dear Members of the Planning and Zoning Commission,
I am the own.er of Aggielan.d Printing. We are located next
to the old Mitsubishi Dealer on. H'o11emanwhichis the proposed site of
a bar In.ightclub. As a property owner and concerned cit'izen I would like
to state a lfewreasons why I believe this site should not be chosen for
a bar. They are as follows:
1) Although the site may have enough parking spaces as re-
quired by city code I am concerned that my lot will be
used for the overflow'ct Mbst bar/nightclubs in our com-
munity are located in a shopping center where parking is
n.ota problem. If people also park across H.ollemanin the
HEB/Olive Garden lot we will be seeing people leave the
bar (perhaps under the influence) and crossing Holleman
to go back to their car. It may present somepeaestriart
injuries.
2) This location is at the corner of Texas Ave. and Holleman.
I believe traffic will be a problem by having a business
locate there with high traffic coming in and out as this
type of establishmen.t could generate . Traffic coming off
Texas and merging onto H'olleman as well as Holleman traffic
going east to Tex.as Ave. will cause some major traffic. jams
w'henlots of people. will be coming in and out of this estab-
lishment. I would-again think that a shopping center could
better take care of the traffic needs of this type of estab-
lishment especially as you consider this hectic c.orner and
what you would be daiu.g- to it by introducing a major
"congesto'r";"in this sort of business.
3) Texas Avenue and. Holleman Drive is a major intersection in
our city. It could be, in the near future, the entrance
into the "IV"olf Pen Creek Corridor." I'm not sure our plan.-
ning fathers wanta barlnightc.luba(t the head of what will
~'become a beautiful section of our city.' This bar may be
different than most drinking establishments, but many or
most bars are not known. for having a reputation that
Brazos .Beautifulwouldbe proud of.
In closing I want to say that a bar has a proper place in
our city but the corner ofTexasan.d Holleman is not the appropriate
place for the reasons I have stated above. Thank you for your strong
consideration of these points.
SincerelYt
tvd~.' ~.~~
0>hnny €ilimson
Q;)rllCS-
December 171 1992
city of COllege Station
Planning .sndZoniog . commission
Dear Members of the Planning and Zoning Commission,
I wasl1()tifiedjust a feW hours ago oHheproposat toopet"ate a bar on the northwest
. comer of Holleman and Texas Avenue. . Upon receiving tt1isinfonnation, I realized that I would
be failing. my Clients, my. erTlployees.. other sunounding businesses. and the general public if I did
not .expteSSsorne .catJtions. regarding. this. proposal.
One obVious .ccmcem. that we would h8'le centecs around the inevitable vandalism {and
trash in~l)that~paoiesanenvironment sudlas 8 barwouklhost. It is not
uncommon for one ~frTlY employees or myself tOwOOt long after office houlS until late at night. I
would I'IOt ~cornfortableWiththe~fadOr~that tttereare peopIeneXl door whose
sense of j~ernent maybe altered by intoxication, and any mishaps caused by such would be
most unwekX>fne.
Andtherveryreal.p(Ot)lemthat you should consider isthebufden of traffic jams.
Hollernanand Texas Avenue is already an extremeiybusy intersection with the present business
establishm~ntstnottomention the Olive Gan1en restmnntschedutedtoopen early next year.
Traffic leaving a bar woUld. pose. a potential. hazard to a busy intetseCtion .
Anotherthing~lTl8ynOt have COflSidered istheaPPf38rance that a bar located in the
middl~ofa~~ingcornmercial area would give t08~town' Much of the economical
success inOUfSitYis duelOTexasA & M.~.Tensofthousands of parents and
~e ~udents corne.. each year to evaluate the lJniYeI'SitY. and its surroundings. I believe
thattheloclJti~)fl:of8b8tinthemiddle oftOYKl WOUld send a message to these people that
contradiCtS What they. OOnSidertobe . their . primalyfocus: ..eduCation.
M~yt>ethe reaiisSue is: wh.aqs best for everyone involved? . What is the ideal business
thatshotJ~be o~tatedffl)mthe ~ comerof Texas and Holleman? .1 would venture to
say thatitshoufcl.be ..0f1ie.fh8t will.in some way. providemalttetal)ie. skills and services to. the
commu"ity.~ndooe that witlpromote responsft:JTlty ar.s assist in the success of its clientele-
much thesarnewaywelJ'yto do'in ou,.ownbcJsiness.
Thank youverx.muchfor your consideration of these important issues.
Sinc;efeIy .
g,~~
Grant 88mby
OtvnerofSigns Now. 1803 Holleman
IS03.HollEman
College Station . TEXas 77840
(409).764-8339
TO:
FROM:
\;~'.'~'.:.\"(r"'~ ... ..~'~~<"p. ,,'
.,. T" .:Planningand. Zoning Commission
'. Sabine Kuenzel, StaffPlanner\-~
Wednesday, December 23, 1992
Conditional-Use Permit tor Charlie's
RE:
At the meeting of the Commission that took place on December 17, a public hearing was
held. tQ_~QSig~r ~ Coll.ditional Yse. Permit for a_.9~.~ uto o~~~~ j~ . the vacat~d uMitsubishi
building. Six of the seven Commissioners were present that evening, and two motions
were made -- one to deny the request, and one to approve the use. Both votes..resulted in
a tie; three members were obviously in favor of the request and. three against. In effect,
there was.no action taken. The applicant would.like.to have the entire.Commission hear
the..same request.
The main arguments in. the motion to deny the request.included.a concern for traffic and
for the proximity of the church .. across Texas Avenue. At the time, staff had.. been. under
the impression that the distance from front door to front door was just over the 300'
minimum. After theP&Z meeting, staffreviewed the distances. and. determined the
distance exceeded the minimum by 175'.
i.,.;t..
Traffic remains a concern because oftherecentdevelopme~t Q.~the HEB and Olive
GarderiacrossHolleman, and because of the heavy traffic already "Jlt this, intersection~ In
ordeJ;" to diffuse some of the potential problems, the entrance drive nearest the intersection
.. will be closed. The site itself can provide 119 parking spaces, which would allow <)ther
high intensity uses, such'as restaurants that serve alcohol, .to operate without a
Conditional Use Permit. Short of a rezoning, it.wil1 be difficultto limit the use of this
site to low ~ntensityuses.
CONDmONS OF APPR.OVAL FOR. CHARLIE'SNIGIlTCLUB
The following is-a list of the conditions of approval for a conditional use permit to
operate a nightclub in the former Mitsubishi car dealership building located at the
northwest corner. of. Texas Avenue and Holleman:
(1)
(2)
(3)
The proposednon-confoiming site must be. brought up to current city
codes including but not limited to the following requirements:
landscaping ... must be installed;
curbing must be installed around the entirety of the parking lot;
parking islands must be installed at the. end of each parking row
and interior parking islands installed as required;
the . entrance drive closest to the Texas Avenue & Holleman
intersection must. be closed; .and,
a minimum of. 119 parking spaces must be provided on-site and laid
out according to current requirements.
The proposed dumpster location must be screened from all street rights-
of-way.
Parking. lots monitors will be stationed in the nightclub parking lot during
the busy nights. of Thursday through Saturday to ensure customer safety,
safe and.. Jegalparking.and deter vandalism .and littering....of neighboring
properties. ..... Signs ..will.be . posted at. the. front of .. thenightclu b informing
patrons that vehicles.. parked in unauthorized. surrounding parking areas
will be towed at the owner's expense.
(4)
Neighboring properties as well as the nightclub property will be cleaned
nightly by bar staff.
If property damage is caused by patrons of the nightclub, all damages . will
be paid by the nightclub.
The . portion of the building facing Texas Avenue that is'primarily being
used for storage, will be improved so as not to appear as a "storage area"
or "vacantbuiTding".
(5)
(6)
(7)
A designated.. driver program will be implemented at the nightclub.
Employees of the nightclub will also be available to drive intoxicated
patrons of the. nightclub home if taxi service is..not available.
The application and conditions of approval were originally considered by the Planning
and.. Zoning Commission on Thursday, December 17, .1992 in which no official. action was
taken because of a split vote. of 3.. to 3. The Commission approved the application on
Thursday, January 7, 1993. bya vote of 4to 3. All conditions listed above and any
additional conditions that were. discussed during these meetings will also apply to . the
operation of the nightclub, regardless of ownership.
.Natalie Tho a
PlanningTec \ ·
January 8,1993
AGENDA ITEM COVER SHEET
ITEM SUBMITTED. BY: . Sabine Kuenzel, Staff Planner
=:::c=::::G...OF:..........Fe~....l~~
EXECUTIVE DIRECTOR APPROVAL: /
-------------~-~~~~-~-~-~-~-~--~~-~~---~--~-----~---,--~---~--~-~------~----~~----------~--------~--~--------
ITEM:. AppealofaConditionalUsePermitgrantedby the Planning and Zoning
CoI11II1isSion Joranightclub to be located .on the northwest comer of Holleman
andTexas- the vacated Mitsubishidealership.
IT~MSUMMARY: By a vote of 4. to 3.. the P&Z has approved a Conditional Use
Permit . fora beer bar . at the above location. . Concerns for existing traffic
problems were . voiced. during the pu bUe hearirlg. The property is zoned q-l.
however, and the site . would accommodate several intense uses without a
Conditional Use Permit.
Several surrounding . property owners . and tenants. expressed concern. for
overflow parking, . noise, and litter. The P&Z . therefore . conditioned approval on
several points..(see.attached).
The Methodist Church across Texas adjacent to the Tom Thumb Nursery sent
representativest.o.spea}{ in opposition to the request. Itis this group that has
decided to appeal the... decision.. The b(lsic argl1ment against the proposed use
stems fro.m the.irgeneral opposition to consumption of alcoholic. beverages.
FINANCIAL SUMMARY:N fA
STAFF RECOMMENDATION:.. Shortofa rezoning to. a less intense zoning
district. it will beclifficuIt to lessen the traffic in1pactof the site. The size and
location of the proBeriy... however. would not make a rezoning .appropriate. The
site must be .br.ought up tocode~dallParkinglotstandards .including
curbing,islands, and landscaping will be provided before a CO will be issued.
CI1Y ATTORNEY RECOMMENDATION: See Memo in Legal Report.
COUNCIL ACTION PRESCRIBED. BY ORDINACE:
1. Uphold P&Z approval.
2. Overtum.initsentirety.
3. Rema~d.to the Planning & Zoning Commission for reconsideration
of specified points.
SUPPORTING MATERIALS:
1. Location Map
2. Staffreport
3. Staffmemo
4. List of conditions
5. Minutes of the Planning & Zoning Commission meetings