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ZIP'N Food Stores, Inc.
P.O. Box 3819
Bryan, Texas 77805
December 30, 1993
College Station Planning Department
Ms. Natalie Thomas
P.O. Box 9960
College Station, Texas 77842
Dear Natalie:
Attached is a copy of the letter that was sent to and received from the College Station I.S.D.
Thank you so much for your help and assistance. I am going to make appointments and meet
with the various school authorities next week.
I hope you have a very happy New Year.
Sincerely,
Kenneth K. Broach
President
ZIP'N FOOD STORES, INC.
P.O. BOX 3819
BRYAN, TEXAS 77805-3819
(409) 696-4540
Decem ber 13, 1993
Certified Mail
P221-'772-787
A & M Consolidated High School
701 W. Loop S.
College Station, Texas 77840
RE: Notification for Off Premises Beer and Wine License for:
Part of Tract "A", Southwood Sect. 30/700 FM 2818
To Whom It May Concern:
Zip'N Food Stores Inc. has entered into an agreement to purchase the Southeast corner of FM 2818 and
Welsh Street, College Station, Texas. Please see the attached map identifying this location.
Zip'N Food Stores, Inc. intends to construct a multi gasoline pump convenience store to sell gasoline,
convenience foods and fast food in addition to beer and wine for off premises consumption only. Because
this site is located within 1000 feet of A&M Consolidated High School, Texas Alcoholic Beverage Laws
require that notification be given to school authorities in the application process.
This letter will serve to provide notice that Zip'N Food Stores, Inc. is making an application for an off
premise beer and wine license. As the application process progresses, I will be happy to provide
additional information.
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cc T ABC Ron Stone
Don Broach
Jeff McDowell
College Station Independent. School District
:
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Excellence In Education--An Investment In The Future
December 16, 1993
CERTIFIED MAIL
p 691 066 659
Kenneth K. Broach, President
Zip'n Food Stores, Inc.
P.O. Box 3819
Bryan,. TX 77805-3819
RE: Notification for qff Premisep Beer andV\fin~ Lic~nse
Tract "A", Southwood Sect. 301700 FM ~281 ~f
Dear Mr. Broach:
We received a copy of your letter, dated December 13, 1993, notifying us of your intent to
apply for an off premise beer and wine license for the property located across FM 2818 from
the A&M Consolidated High School campus. The school district is opposed to allovving the sale of
alcoholic beverages within 1,000 feet of our school facilities. Alcohol abuse is a significant
problem within our community, and the presence of a business which promotes the use of such
products would create additional problems for our district in terms of supervision and control.
The school district is not interested in discouraging businessesJrom investing in, College
Station; however, in this case the choice of location would add to an already increasing problem.
We intend to express our objections to your request to the proper authorities. We hope that you
will reconsider your request.
Sincerely,
Q~.~
Ray Chancellor
Superintendent
cc: Tom Brymer, Asst. City Manager
Dan Mac Gilvray, Board President
Ron Stone, TABC
1812 Welsh Street
College Station, TX 77840
409-764-5400
R.ay L. Chancellor
Superintendent
AGENDA ITEM COVER SHEET
REGULAR AGENDA
-STATUTORY AGENDA
-CONSENT AGENDA
ITEM SUBMITTED BY: Sabine Kuenzel
FOR COUNCIL MEETING OF: February 24, 1994
DIRECTOR APPROVAL:
EXECUTIVE TEAM MEMBER APPROVAL:
ITEM: Public hearing and consideration of a rezoning request from C-N
and C-3 to C-1 for Tract A, Southwood Valley 30 - 8.9 acres on the
southeast corner of 2818 and Welsh.
ITEM SUMMARY: The applicant would like to locate a convenience
store/service station on the existing C-N portion of Tract A and replat the
C-3 portion for additional commercial property. There is no planned use
for the C-3 portion at this time, but the applicant would like to have both
portions of Tract A in the same zoning classification. The proposed store
would not meet C- N requirements because of size restricitions and the
fact that the business will not be strictly oriented to the neighborhood.
However, the retail use and sales of wine and beer would be allowed in
both C-3 and C-N.
STAFF RECOMMENDATIONS: The rezoning to commercial from R-1 in
1983 constitutes a change in condition that could justify this rezoning.
Staff therefore has no problem with this request. Any potential probleJms
ari$ing from. additional traffic in this area could be addressed through
strict application of the Driveway Access Location and Design Ordinance.
Approval should therefore be conditioned on controlled access drives.
The Planning and Zoning Commission voted 2 to 1 to 1 (one abstention)
to recommend denial of the request.
COUNCIL ACTION DESIRED: Approval or denial of request
SUPPORTING MATERIALS:
1. Location map
2. Staff report
3. Application
4. P&Z minutes
5. Ordinance
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February 23, 1994
The Honorable Nancy Crouch
Councilman
City of College Station
College Station, Texas 77840
RE: Rezoning request, 8.8 acre parcel of land at the comer of FM 2818 and Welsh Street,
College Station, Texas
Dear Councilman Crouch:
On Thursday, you will be asked to listen to public inputinreference to rezoning tht:~
comer of Welsh and 2818 from a mixture of C-3 and C-N to one consolidated C-I zoning.
Based upon previous discussions, there will be input from the developers and representatives
from the College Station Independent School District.
The record owners of the parcels requesting rezoning are Thomas Properties and James H.
Woods. Mr. W oodsand Thomas Properties acquired the parcels in August of 1993. In
November of 1993, Zip'N foodstores placed the 2.8 acre comer parcel under contract seeking
a zoning change to construct a Convenience Store with fueling facilities at the comer of
FM 2818 and Welsh Streets. Thomas Properties, owning the remainder of the parcel intends
to develop office-warehouse sites.
The 2.8 acre Zip'N parcel is presently zoned C-N and C-3 and the Thomas Properties site
is zoned e...3. Seeing the efficiency in merging these two sites under one rezoning request,
contact was made with the city staff to determine the city's position on rezoning. During
discussions with staff it became apparent that it would be logical to rezone the entire comer
(the two tracts combined) to a C-l zoning, thereby allowing the city of College Station to
better regulate access points and signage as well as provide the ability for the Zip'N store to
have retail fueling facilities. (C-N zoning does not provide for gas pumps, but does allow
all other activities that a convenience store might conduct) Several meetings have occurred
with the staff, compromises made were satisfactory to the staff specifically relating to access
and sigl1age, and I might add, the compromises agreed to were much more stringent than
present ordinances allow. Also, the staff report indicates that the parcel conforms with the
comprehensive use plan and will not create any unmanageable conflicts with traffic flow or
surrounding property uses.
Reviewing surrounding properties and their potential development impact yields the
RF~1l( Texas Heritag1e REALTORS@
4101 S. Texas Avenue, Suite B
Bryan, Texas 77802
Office: (409) 846-4500 Fax: (409) 846-9378
oJ1i\l N.1I\l(!-'
Y( LiG- ('nVy---
Each Office Independently Owned and Operated
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following results. Directly to the north of the parcels, is the A & M Consolidated High
School. As it presently covers all of the land between Nueces and Welsh along FM 2818,
no further traffic congestion from that site from a growth standpoint would be expected.
Located across Nueces from the High School is A & M Church of Christ. This is not a
traffic contributor at critical times due to the nature of it being a church. Immediately south
of the Church and across Fm 2818 is Georgie K. Fitch Park. The park lies primarily in a
floodway area and will not likely change use in the foreseeable future. To the west, and
across Welsh avenue, the Southwest comer of Welsh and 2818 is an 8 acre parcel that was
divided into two parcels, providing First Baptist Church with future potential parking area and
to my knowledge the. comer is retained in private ownership. However, the site has two
tributaries that would be very expensive to develop at this time and in all likelihood, land
values will not support the engineering necessary to build on that site for some time. North
of that site, the Northwest comer of FM 2818 and Welsh is an area thatis utilized by the
High School for overflow parking and is owned by the School District. It is unlikely that any
other form of development would occur at that site. Therefore, it certainly appears that this
comer is the only developable corner of4 .comers and the surrounding entities are.not high
traffic generators at critical times of the weekor day that in conjunction with commercial
development of this pai"cel could create dangerous traffic flows. The convenience store will
draw from the existing traffic, but will not likely add to the traffic due to the nature of
retailing. activity that a Convenience store generates, hence the name Convenience store. It is
unlikely that its impact will have any significance on local traffic flow due to our cooperation
with staffin accessing this parcel a very safe distance from the intersection, which again is a
further distance than the present ordinance requires.
Some concern has been expressed about foot traffic across FM 2818 and the speed of the
traffic. I am not certain .as to why there is not already a school zone with a 25 mph speed
limit on FM 2818, but there certainly should be to protect those students that walk from
Southwood Valley to the High School. This should be recommended and accepted by the
Council immediately. The commercial development would not likely change significantly the
amount of foot traffic across FM 281 $ and therefore does not create any conflict with
vehicular traffic. Also, if students are crossing the street to go to the commercial interests it
will be during the morniI1g and afternoon, when they would customarily be traveling
homeward anyway as A & M Consolidated is a closed campus.
Additional concern was expressed about the potential of students loitering around the
facility. I would not likely see this as a. problem as any businessperson that has just expended
in excess of $1,000,000 for site and improvements would allow students to loiter and
potentially disrupt other business.
Access to alcohol and tobacco were cited as potential problems. Alcohol sales are
monitored by the Texas Alcohol Beverage Commission and a business person found guilty of
multiple violations will lose their license. In the case of Zip'N, this could and would have a
devastating financial effect as they own and operate many stores, not just one. Mr. Broach
has offered to provide concealed monitoring areas for the school to deter any loitering, and in
effect to work with the school District in preventing any conflict with exposing the students
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to further corruption. Additionally, Mr. Broach takes a firm stand on pornographic material
and will not allow any of the traditional pornographic materials to be sold from their stores.
The issue that the Council is considering in this request is retail fuel facilities. Retail
fueling facilities are not a moral issue. The present zoning will allow a convenience store,
and will allow the sale of alcoholic beverages, but it will not allow gas pumps. Therefore,
after all of the clouding of the issue that will take place in the public hearing, please refer to
the simplicity of the issue. It has been shown that traffic will not be adversely affected by
the development, it complies with the comprehensive plan and is the only developable corner
at that intersection. Therefore, there is no basis for. denial and we have every intention of
establishing and maintaining an attractive non-polluting addition to further the tax base of
College Station.
Respectfully submitted,
frY) cf-.. ~
Jeffrey L. McDowell
Realtor/Developer