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HomeMy WebLinkAboutMiscellaneous ~+~~~L ~i i~r J~~ ~l PH~EL:~R~ ~=;CiFTi,J;~~'E '=~i iL Phar~cllr ,aware 5~1~"~~~ ~~: ~~ctltx~is ~°ta~ the Global Cr~r°~or•~t~~r~~" ~0 ~riiver4ity brive East, Sttit~e #~~t:~? C4Ilegc Station, Te?tas 77841) Phgt2e: (409) 268-U34U 1;ax: (409) 268-881 Fc~X Tim Deborah Grace Fauc 784-3814 lNr~a~rs 784-3570 l~r: From: Sri Kandalam Pager: 3 F'H~:~E 4=~'1 GGt 1;,~ llrgr~rt ^ Frr Rr+~~lrw ^ Pharr Grwrrr~rnt ^ FMrarr Reply C) Please R~cy~alr • Ca»rrwn#r: 17ear Ms. Grace, Clarii~icatior~ of several iter~u are needed for our meeting appointment of Monday, February' 9, at 1:311 p. m. b}• Mr. Lee Battle. We hope this v~n11 give h`itn ade~u~ate id~~ aS to tlxat genre. Please call. if ybu Katie ~,nj• quEStip~1S regarding the below items. CI.ARD~~'It AT[QN .17I~G.ARDING CQNDiTIONAL USE REC~UiREMENTS 1 ENC'LfJSEb 1S A PLAN OF THI/ CURRENT OCCUPANTS, THEIR NATURE OF BUSINESS. PLEASE LET US KNOW WI~iAT THE CITY WOULD CALCULATE AS 'T'HEIR PAR}:INCi RECZUTREMENT!ti. (ENCLOiSELI PLAN 1~(~R CH'IMNEY HILL ~T-It~FF]NC.,, C'CfIvtPL.EX AND A LIST QF CUIt~NT O+;~CUPANTS WITH DETAILS.) 2. Tl-IEI2E IS A Ct~?~iFUSION REGARDING THk CA,1~CI.TLATII?N OF SPACE FC)R PARKING SPOTS FdR A NIGH"!` Cl'.UB WHICH. I~ IN A SIiQPP1I~iG CENTER VIS-A-VIS A STAND ALC3NE NIGI-TT CLUH {Nf]T IN P.. SHOPPING CENTEk), GOUL17 YQU PLEASE CI.A,I,tIFY? ~. HC)W WILL T[:~ PARKING SPACE BE CALCULATED FC)R AREAS OF THE CtJMP'LE~C WHICH ARE NC7T OCGUIPIED CR ff '~ PRQMClTE,RS LEASE ~ l~E A)tEA AND CHOOSE TC) KEEP IT VACANT (WITH A GU'ARAN"f'EE TQ CITY?, F i G_tE~;?199 1~~: ~1 4Na268~3~16 F'HHED~'H SOFTi,~!HF,'E '=~CiL F'~c7E 4~' i FAX TQ 17EBORAH GRACE FEBRUARY 6, 1:998 1~AGE z 3, WE UNDERSTA]rTD TH.A.T THERE 1S A dVERLAI' FOR TI4E CHIIvII~iEY Il!=1L~. SHOF'tNG CENTER (SPECIAL ZfJNB'~IG) ;WHAT Wt'~ULD BE THE SPECIAL REQUIREMENTS Tk' ANY, THAT WE NEED TO MEET'l S, OUR I.EASI~ C01~11vIENtv'ES APRII~ 1.ST. GAN WE REQUE,~iT AN EARLY HEARING IF THERE IS QUORUM? WE I?LAN`TO SBUMTT OUR. APPL.ICA'i'ION BY FEB 1 ITH . AS PER THE ZQNINC O~RDINACE THE PUBLIC SHOULD GET ATLEAST 15 DAYS NOTICE. CAN WE REQUEST A SPECIAL MEETING bN FEB 2bTH (()R IS IaA1'S F'RC1IvI TH:1 ISATE OF THE EAGLE ADVERTISE- MENT). WHAT :I]O WE HAVE TO DO? 3. WE CTNdERSTA.ND TEIA.T 'TEN RESI7~IrNTS W1Ti~CPi 230 SET WILL BE IN'I'1MATED OF OUR PROJECT FdR TIEIE PUBLIC HEARING. CAN WE HAVE .fi~CGESS TO ANY C)BTECT'TdNS RESPONSES PRIOR: TO THE PLTBLIC FIEARING? 6. MAP I~:EY; ,SPACE # 1 2 3 4 5 6 7 $, 9,14 1.0 11,12 13 Thartifs Sri I~an~}a-lann TAI 26$-0340 F~,~ 2b$-8815 .rt SQUARE FEET OCCUPANT 2,250 VACANT 3,198 WESTERN k3EVERAGE 1,330 CHIIvIl'3EY HILL FLORIST 1;bS0 AVAILABLE (CURRENTLY SSRS Mf,MT CO) 1,910 AM1rRICA1~+t .R~ CROSS 1,906 BENEF'ICIA,L k'INANCE 41,321 ZEE STOP (FROFOSEI~ ~NTERTA.INMENT CTRj 10,01b GAMBRO HEALTHCARE 1,4Sb HERRING NATIONAL BANK 2,496 CLASSIC REALTY 4,980 ZEE STOP HOLDINGS (RESTAURANT) ~ 2~~~3 7~~ ~lg FACSIMILE COVER SHEET CITY OF COLLEGE STATION DEVELOPMENT .SERVICES 1101 South Texas Avenue, P.O. Box 9960 College Station, Texas 77842 Phone (409).764-3570. Fax (409) 764-3496 DATE: `"~ - ~ ~ `~ ~ ~ # PAGES INCLUDING COVER If you .did not receive a complete faz, please call our office immediately for. a new transmittals COlViPANY: DEPART'l~i1ENT: P~IONE: FAX:. ~`~ ~ ~ ~j FROM: ~i ~. ~ `~ ~ , PSI®NE: FAX: REMARKS: ^ Urgent ^ .For your review ^ Reply ASAP ^ Please Comment 07/28/99 16:32 n409 764 3496 DEVELOPMENT SVCS ~ 0O1 ~x~x~xe:k~::~~:~~~~xe~k:~~x:x:x~x::xW~e~kxc~ ~e~~ .ACTIVITY REPORT x; x:xc :~s~:k%ksk%k:k~:Y~k~kxe%k%k~k~k~:~::kskx:~kx:%k~k:k~k TRANSMISSION OK TX/RX N0. CONNECTION TEL CONNECTION ID START TIME USAGE TIME PAGE S RESULT 8523 9p2688815 07/28 16:28 04'44 7 OK fi ' FROM PHAEDRA SOFTWARE SOLUTIONS. PHONE N0. 409 26E 5815 Jan. ii 2000 01:28PM Pi Fa~c ~picen er 302 University Drive East College Station, Texas 77840 Phone: 409/ 691-0484 .Fax: 409/ 268-9698 To: Sabina McCully From: Sri Kandalam Fax: 409/ 764-3496 Date: January 11, 20Q0 .Phone: Pages: 1 + 2 Re: Planning and Zoning CC: ^ Urgent ^ For Review ^ Please Comment ^ Please R®ply ^ Please Recycle •Coenments• Ms. McCully, Please read the following attachment regarding the Conditional Use Permit Calculations for the EpiG3nter. LEt me know what. thoughts you have on this topic. i can be reached at 4091 268-0340 during the weekdays. Regards, Sri Kandalam 02/16/98 12:17 ^C 409 764 3496 DEVELOPMENT SVCS L¢j 0 O 1 :k:i:%k:k:k%k~~%K~%f::E::!::&:k~:~*~%k:k%k:k%k~:X::k *~:~: ACTIVITY REPORT ~:~:~ ~:xxe%k:k:k%k~:~Ksk:k:x~:k%k%k%k:k~kx:sk:~~:xx;:k~k TRANSMISSION OK TX/RX N0. 3525 CONNECTION TEL 9p7740053 CONNECTION ID EAGLE START TIME 02/16 12:17 USAGE TIME 00'30 PAGES 1 RESULT OK ~~ ~~~A~ ~ ~ r ~~~~ SECRETARY OF STATE IT IS HEREBY CERTIFIED, that Articles of Incorporation of ZEE STOP HOLDINGS, INCORFORATID CHARTER NO. 1436718 were filed in this. office and a certificate of incorporation vvas issued on MARCH 10, 1997; _IT IS FURTHER CERTI>•'IED that no certificate of dissolution has been issued, and that the corporation is still in existence. ~~_~--,~ IN TESTIMONY WHEREOF, I have hereunto '° signed ' my- name officially and caused to be ~°-..,, .~;~ impressed hereon the Seal of State at my office in '' °~ ~'°', ~"-~y, the City. of Austin, on May.12, 1997. >, // \t ~`~ ~ ~ ~~I ~ „"' a, ~~ ~`~ r~.-%• ~~ ~ ~ ~ ~i ~ ~ '- ~' ,~ ~~ ~i `~, ~,, ;~` Antonio D. Gana,. Jr. Secretary of State ,.~ ~, Application for Reservation of Corporate .Name I I ~ Secretary of State of Texas Statutory Filings Division Corporations Section '~, P.O. Box 13697 Austin, TX 78711-3697 - Pursuant to the provisions`of Article 2.06 of the Texas Business Corporation Act, the undersigned hereby applies for reservationof the following corporate name for a period of one hundred and twenty days: Zee Stop Holdings, Incorporated Name, Address and Telephone Number of Applicant: I Praveen Cherukuru 505-Univer ity Drive,-East, Suite 502' College Station; Texas 77840 `- (409) 268-0340.. .Dated: March 3- _ ..19 97 /~'. P~v~r G~i ~eZ.~1 Kv 12 U - (SPECIAL HANDLING REQIIEST: The enclosed check includes ' an additional $10 special handling fee. Please process this document on the day it is received by your office and • call me at'the;above telephone number to advise me of its '~ filing disposition.) I I i ', j i ~• SENDER: •~o ^Complete items 1 and/or 2 for additional services. I aISO WISh ZO reCelVe the `w ^Complete items 3, aa, and ab. following services (for an H F+Print your name and. address on the reverse of this form so that we can return this eX4ra f0e): _card to you. ai ~ ;^Attach this form to the front of the mailpiece, or on the back if space does not 1. ^ Addressee's Address ~ ~ permit. .~ d ^Write'Return Receipt Requested' on the mailpiece below the article number. 2. ^ Re§trlcted Delivery N ._. ^The Return Receipt willshow to whom the article wasdelivered and the date ., ~ delivered. - Consult postmaster for fee. °• 3~Article Addressed to: 4a. Arti le Number a~i Q ~~~~~~~~~~ Ste: ~ ~ ~C ~ z C ~ ~ ~ '~.S~Z c ~t - 1 4b. Service Type ~ h ` 1 C t l(~I_-5a .6 . ^ Registered ~ertified ~ N ~ ~' ~ w ~- ,7. ~~e ,~ ~.~ -f ^ Express Mail ^ Instared ~ n' ~ r~, ~ s ~ ~ ^ Return Receipt for Merchandise ^ COD o fl ~ D_~ ~ 3 ~ ~ ~ ~1,~ ~ 7, Date of Delivery ,° F 6. ReceivedBy: (Print Name) ,- 3 8. Addressee's Address (Only if requested ~ w v'Y. ,, and fee is paid) ~ f. , ~ f. Signature: (Addressee or Agent) °>. ' X ~~ y PS Farm 3811, December 1994 DOm@SfIC Return Receipt a PHAEDRA SOFTWARE SOLUTIONS, INC. O $ 6 O SECRETARY OF STATE. OF TEXAS 3/7197 6275 • Professional Fees:6285 • Legal Fees Z-STOP RESERVATION OF CORPORATE NAMES 50.00 ~- ~, FIRST NATIONAL BANK. Z-STOP RESERVATION OF CORPORATE NAMES SO.OU III .PHAEDRA SOFTWARE SOLUTIONS, INC. ~ S G 1 SECRETARY OF STATE OF TEXAS 3R/97 ...6275 .Profession _ al Fees Z STOP ARTICLES OF INCORPORATION 310.00 ~' II ~I'~ ICI ~~ III; ~~ FIRST NATIONAL BANK Z-STOP ARTICLES OF INCORPORATION 310.00 III,, I Iii ~, III ~~ III; Ih ~i~ I, ~! ~~~ i ~~ Cover Letter to Secretary of State 505 University Drive, East, Ste. 502 College Station, TX 77840- (409) 268-0340 ' March 4, 1997 Corporations Section Statutory Filings Division Office of the Secretary of State P.O. Box 13697 Austin, TX 78711-3697 I Dear Secretary of State: ', ' _I enclose an original. and one copy of the Articles of Incorporation of` Zee Stop Holdings Ineo~.porated ~' Also enclosed is a check in payment of the required filing fee. ji Please file the original Articles and return a Certificate of Incorporation and the file-endorsed copy of the Articles to me at the above address. Very ly urs, I` Praveen Cherukuru Incorporator ~ it ~I (SPECIAL HANDLING REQUEST: I have included an additional $10,n the enclosed; check in-payment of a special handling- _ e his. 310 Please roc ss t fee (total amount of check $ ) P Iii document on the day` it is received by 'your office and .call ~„ me at the above telephone number to :advise me of its filing ~, disposition.) II II i ~!i I' ~, i i~ ~~ ~,, I ~, I ~, Articles of Incorporation of Zee Stop Holdings, Ihcorporated ;, ARTICLE ONE The name of the corporation is Zee Stop Holding's, Incorporated." ARTICLE TWO The period of its durationis perpetual. -ARTICLE THREE ~, The purpose for which the corporation is organized is the transaction of any and all lawful business for which-corporations may. be incorporated under the Texas Business Corporation Act. ARTICLE FOUR The aggregate number of shares which the corporation shall have authority to issue is Fifteen .Hundred (1500) ;:=0ffthe par value of shares .One Dollar ($1) each. 'I ARTICLE FIVE ~'~ The corporation will not commence business until it has received for the issuance of its shares consideration of the value of not less than One Thousand Dollars ($1,000.00) consisting of money, labor ~~ done or property achia]ly received. i I ,, i ;; '', ____ ARTICLE SIX The street address of its initial registered office is" 505 University Drive, East Suite 5 0 2 - ,Texas, and. the name of its initial registered agent j at such address is Praveen Cherukuru ARTICLE SEVEN ~~ ~ one The number of directors constituting the initial board of directors is and the names and addresses. of the person or persons who are to serve as directors until the first annual ~i meeting of the shareholders or until their successors are elected and qualified are: i Name Address Praveem Cherukuru 505 University.Drive, East, Suite 502 ' College Station, TX 77840 '~ ii - ARTICLE EIGHT r r ri nam and address of the inco o ato s: The e p ~ Name Address Praveen Chexukuru 505 University Drive, East., Suite 502 'College ation, TX 77840. Incorporator ~,~.2P'~:~/~$ TEST 11:0 F ~~~ 4k3 T1~II~+~I~tS~I~ T04F:EII W .~~ '' °~ ~ ~~ig a m '-~~' ~a~tcl coQ~r 4 ~~a~~ [091 $~~-~t~~ ~~~ ~' i ~~~ ____ EAU 4B2I2NfA~ _ ~'HH) l~I:t~4 Y'A.~ ~ItlI9 ~~~fi ASBB _ LiNIVBRSI'PY T(eFPER C~"~1R7E F~2~`2sF9.~9~ I:~=~Ee A®~2~®PB1V PF4~El~~ 50F-f4~k~E 5~ PAS ®I ~~~` :. F ~r7 ~ ~rr~ I~a+ ~Y~~mr ~~ ~y; ~ ~a ~~~ ~ "rub ~ ~ "t: e.:%°R~.' ~~:. @~ ~,,sr:~~, Z:; • 4' " ~Q lxan; t+6D9~ ~b 15 d?;~°' I~ - _ ptl 6v; 8 Ao,~iC. but sAPRCe t1~e ~9,kY h~ i~ Ion it b~ A __ ~aPm 846 858'w UNIVBR~S"L~ '1'UP~'ER ~'. i917 0~?26l98 THCT A3:65 FA% 4~!A ®~1~.,~~2~~8 T~"~6 4®9~-"~~15 Fs 5C1F1'N~Af: 5UL PA4"aE F~ Ellen Taylor MARCH 4, 1998 COLLEGE STATION PLANING AND ZONING BOARD: IT IS MY UNDERSTANDING THAT SOMEONE. HAS APPLIED TO OPEN A LARGE NIGHTCLUB IN THE C;HIMLVEY HILL SHUPL'ING CEiQ'I`EFc. I AM ©PPOSED 'I'O THIS. THE HILTON HAS A NIGHTCLUB RIGHT ACROSS THE STREET AND THE TAVERN RESTAURANT IS ALREADY IN THAT SHOPPING CENTER AND DOES HAVE A BAR. ALSO, .THERE IS A LIQUOR STORE IN THIS CENTER. I AM A PATRON OF THE TAVERN AND PURCHASE MY LIQUOR AT THE LIQUOR STORE, THEREFORE I DON'T HAVE A PROBLEM WITH A NIGHTCLUB. I JUST HAVE A PROBLEM WITH T00 MANY CLUBS, ETC. IN THIS BUSINESS ORIENTED AREA. I DO NOT WANT TO SEE THIS PRIMARILY BUSINESS AREA TURN INTO A "CLUB" AREA. HAVING BEEN IN THE REAL ESTATE BUSINESS MOST OF MY LIFE AND WORKED IN THE DALLAS AREA FOR YEARS, I HAVE SEEN BUSINESS AREAS GO DOWNHILL BECAUSE TOO MANY CLUBS, ETC. MOVED INTO THE AREA. ALSO, THERE IS NOT ENOUGH PARKING THERE ALL THE REALTORS IN THE FOUR REAL ESTATE COMPANIES IN CHIMNEY HILL THAT I HAVE TALKED TO ARE VERY OPPOSED TO THIS. PLEASE CONSIDER THE FUTURE CONSEQUENCES IN ALLOWING A NIGHTCLUB TO LOCATE AT CHIMNEY HILL. SINCERELY, ~/~/ I ~~ Bryan-College Station 404 Tarrow College. Station, Texas 77840 Office: (409) 846-6000, 777-5311 Fax: (409) 846-9016, Residence: 846-4266 Each Office Independently Owned and Operated 98-701 98-701 CH Properties CNL Income Fund VII Ltd P.O. Box 10539 400 E. South Street, Suite 500 Beverly Hills,. CA 90213 Orlando, FL 32801 98-701 David Price Homebuilders Inc. P.O. Box 2666 Bryan, Texas 77805 98-701 Tom Giesenschlag c/o Brazos County Abstract Co. PA. Box 4704 Bryan,.. Texas 77805 98-701 Thomas & Doris Homeyer 6103 Knightsbridge Lane Bryan, Texas 77802-5637 98-701 Pangloss Properties Inc. c/o Dr. Brian Stagner 408 Tarnow College Station, Texas 77840 98-701 Neal & Nina. M. Roth 10754-2 Scott Mill Road Jacksonville,. Florida 32223 98-701 Richard S. Smith 307 Arguello Drive College Station, Texas 77840 98-701 Carol Wagner Chimney Hill HOA 203 Ember Glow Cr. College Station, Texas 77840 98-701 GainerB. Jones. Jr. 3308 Lookout Lane Austin, Texas 78746-1431 98-701 E L Putz 815 Ashburn College Station, Texas 77840 98-701 Anthonette Ruffino 3908 Cheshire Ct. Bryan, Texas 77802 98-701 United Investors Realty Trust Attn: Marc S. Geller :5847. San Felipe Suite 850. Houston, Texas 77057 98-701 Zee. Stop Holdings, Inc.. 505 University Drive E., Suite 502 College Station,; Texas 77840 98-701 Creath Brazos Baptist Association P.O. Box 4012 Bryan, Texas 77801 98-701 Wesley Hall & Hugh Lindsay 412 Tarnow Street College Station, Texas 77840-7811 98-701 Hubbard Kennady III 8900 Sandstone Drive College Station, Texas 77845 98-701 R A K Joint Venture P.O. Box 4708 Bryan, Texas 77805-4708 98-701 Richard A. Smith 411 Texas Avenue S. College Station, Texas 77840-1723 98-701 Wads Tarnow Joint Venture 1701 Broadmoor Bryan, Texas 77802 =~--- : Lee Battle -_Re As we discussed on the phone,aomeone wants: to..put. a nightclub m,the Chimney Hill shopping: center Page_:1_: From: Carla Robinson To: LBATTLE~CITY OF COLLEGE STATION.CITY HALL Date: 2110/98 11:57AM Subject: Re: As we discussed on the phone, someone wants to put a nightclub in the Chimney Hill shopping center. The short answer is, yes, they must meet the requirements of the current parking ordinance. After our discussions,. i think_the issue is "Can an owner who has a structure that is non-conforming & currently used for a permitted use change the use to one that. is conditional without complying with the requirements forthe conditional use?" As far as I know the area of the Chimney Hill shopping center has been designated C-B for awhile. The use of the structure as a,shopping center (or the businesses of the individual tenants) qualifies as a permitted use in the: C-B District. However, the pre-existing structure did not :comply with the amended parking. ordinance and it was given non-conforming status. So, this is anon-conforming structure that houses a permitted use. If, instead of a nightclub, an art gallery (a .permitted use) wanted to .lease this space, the structure would maintain its non-conforming status (as .long as no prohibited structural changes are made). However, a .nightclub is not a permitted. use in this. district, rather it is a conditional use. Conditional use is a divergent use that commences after the zoning restrictions became applicable so granting the conditional use permit requires that the applicant comply with all current conditions and requirements (i.e. the parking; requirements for nightclubs). Your original question was whether the change in use to a nightclub would be such that the structure would lose its nonconforming status. Even if we assume that this is a :nonconforming use (as opposed to a nonconforming structure housing a permitted use) I would guessthat a change from a storage facility or a shopping center to a nightclub would be a change sufficient to remove the nonconforming status. While that',determination is very fact intense here are some examples of instances where courts (not Texas courts where case law is pretty sparse) have found-the change impermissible: addition of a body toning business to a nonconforming beauty parlor; change from seasonal. cottage colony to single family condo use; change from an auto shop to a-metal,forge and machine shop; change from a restaurant to a restaurant' elling beer; change from. a gas station to a gas station/convenience store. Hope this helps you.. it certainly helped me to write it! »> Lee Battle 02/09/98 02:11 PM »> As we discussed on the,phone, someone wants to-put a nightclub inthe Chimney Hill shopping. center. This was originally a bowling alley and then storage.. Since this center was.. built,. our parking regulations have changed. The question is -will this change in use cause them to loose nonconforming status, i.e. do they have to meet our current parking ordinance? This is the most important question. They are trying to meet a Weds. deadline for a Cond. lJse Permit application. So the sooner you can get an answer to this the better. Additionally, if they are nonconforming, can. the P&Z deny the use permit based on parking impacts. This question is not as pressing, but we would need to tliscuss by next week when staff reports are due. Please let me know if you have, any questions. Thanks for your help -Lee x3570 ~~ ~~ ~ g a ate-- ~ ~ ~~ ~ ~~ s~ ~ - ~~ ~ r c ~' ~ ~~ ~~~ ,~ ~ L~ c~~ ~~- ~- ~`"~ Facts Concerning Epicenter Conditional Permit Tota Complex Square Footage Epicenter Square footage Conditional Permit Total Parking Spaces Parking Required for Retail use Existing. Parking Available Extra Parking available 25% of Total Complex Tavern Area Epicenter Area Others Total Complex 76,81.8.00 41,321..00. 18,385.00 ~~ ~~ .451, ~~~ A ,.384 451 67 Parking. @200sgft/Space _ 19,204.50 96 parking @200sgft/Space' 4980 ~ ~ 25 41321 207 4~ 30517 153 ~ ~ - 76818 X84 S~Q1v} f~~~, , ~~ , u Tavern Cannot Seat more than 100 People at a Single sitting For Dinner No Other Business operates of Night Other Than Tavern and. Epicenter ~~ ~R~~tiK k~ P,. 8 {~~~ ~,. ~~ ~J ~~~ ,, '" ~~ a~, ~~ ~~' ~ ~± ~~ ~~ ~~ ~ ,~ ~;. ~ i -- ~~.~ ~ ~~ ~ , ~~;~ ,~ x~ ^ ~ ~ r~ ~ ~ `~ °~ ~~ r .~ ~~ 4~ f.~, ~~ !~ ~l~ ~i ~ ~' t r ~ ' ~~ _. ~ ~ ~,~~ ~ P, ,, ~J a ,,~~ ZEE STOP HOLDINGS, INC. 505 University Drive E, .Suite 502 College Station, TX 77840 Telephone: (409) 268-0340 Fax: (409) 268-.8815 February 11, 1998 Mr. Lee Battle City Planner City of College Station. Texas Avenue College Station, Teas Re: Conditional Use Permit a Dear Mr. Battle: Enclosed please find our application for a Conditional Use Permit for a portion of 701 University Dr. E, Suite 300 Bldg. B, located in College Station. The current zoning of the shopping center is CB and we request a Conditional Use Permit, details of which are included in this application, for a part of the area which we have leased. Per our meeting with you earlier this week we believe that we are in full compliance with the requirements of the Conditional Use Permit. The proposed project (Epicenter) encompasses a restaurant and dance area. Enclosed please find a plan for the proposed project. The Conditional Use Permit is being sought only for the area that is being highlighted in the enclosed plan. In the event that there are any clarifications, we would like to hear from you well before the public hearing so that we can have a discussion and understand the parking requirements more clearly. incerely, ~. Sri andalam cl sores FROM : PHAEDRA SOFTIJARE SOLUTIONS. PHONE N0. :.409 268 8815 Tan. 11 2000 01:28PM P2 Dated 11 `h January 2000 City Planner Planning and Zoning City Of College Station, Texas Sub: Conditional Use. Permit Calculations .For Epicenter (701 University Drive Suite # 300, Callege Station, Texas) Dear, Sabina, I hope. you are doing well. I had come to your office for our Monday .appointment. I went ahead and met with 2 of your colleagues, who did give me a very patient hearing. I rea]ly appreciate that. 1 arr~ willing; to get any information you may want to review the application. I feel that I have argued my case based on existing rules,. without. any deviations , which I presume would need a varialzce hearing. I feel that I can be granted more space under the existing guidelines, Here .is my simple argument, Asper the Ordinance "25% of the shopping complex can be used for intensive use such as a restaurant and Night t;lub at 200 spaces/Sq.Ft (Plezse refer minutes of meeting dated March 5`~' 1998}. As per the city the total square footage of the Complex is 76,818 Square feet. Therefore, I 9204, Sq Ft can be permitted for Intensive use with parking provision @200 Sgft/Space. This will require 96 Parking Spa.ecs. There: are some other facts I need to bring to your Notice. Epicenter and Tavern on .Chimney Hill are the ONLY night time operations in the whole complex. Most of the tenants are daytiFne/Weekday op~ra.t.ions ONLY. I c~uZ provide a Notarised affidavit from the Landlord attesting to the Fact and clearly mentioning the fact that Epicenter And Tavern will be the only Businesses that will be allowed to use the Parking Space after normal business hours-( Why would Parking Spaces be provided for Offices that would be closed after rpm? I think this is more a question of common .sense than anything that needs to be clarified specifically by an Ordinance!). This will make it very clear that the total of X51 Spaces are available for these two btasinesses. Please also note that the Tavern on Chimney Hill is a restaurant (85 Percent Food Sales}. Also the last orders for Dinner are at 10 PM. We close The Tavern after 10:30 PM )"or customers every day. { I can provide a notarized affidavit to attest to this fact). Also please. note that.The center is now fully Occupied( Thereforz there wi l l he NO a.dditiona.I parking demands). The conditional use of l 4,204 Square l:eet for the Entire Complex will require only 96 Spaces. Anything in excess will have to be provided C~ 50 sgft/Space. Since the Center has 451, Spaces, we would still have (4~1-96) = 355 spaces during the time Epicenter will be operational. This would give (355x 50-17,75() Square Feet}. That will make the total Conditional permit for intensive use to (19204+17750 =36954 Sq. Ft}. The Total FROM o PHAEDRA SOFT4JARE SOLUTIONS PHONE N0. 409:268 8815 Jan. 11 2000 01:29PM P3 area of the Tavem is 49K0 sq. Ft. This give F.,pcenter C':onditional usage of { 3&954-49$U -31,974). I went ahead and made an appointment to meet you an Thursday 1~`h January at 2PM. I would really appreciate if you can let me know your thoughts on this argument. Regards Sri Kandalam President Tavern On Chimney Hill Epicenter Jan,g 18 00 10: 32a ~~ Januaryl7, 2000 n Ms. Meredith Ladd Ass#. City Attorney City Of College,Station College Station, Texas Sub: Interpretation of Parking For Conditional Use Permit Dear Meredith, 409-695-7198 It was a pleasure speaking to you about the calculation of Parking Space required at the Chimney Hill Shopping Complex (adjacent to the Hilton). As I mentioned to you, I own the Tavern on Chimney HiII and the Epicenter. As per the initial conditional use allowedforthe Epicenter, it can use 18,385 sq. ft. for operating a Sports Bar and Night. Club..I..have leased a total of 41,000 sq, ft ,for which I have had to pay rent for more than a year. The Epicenter and Tavern together occupy 65 percent of the area of the complex. The ceriter is fully leased (although when we applied for a conditional permit for the Epicenter, it was not fully leased). I have the following common sense observations to make. The whole exercise is focused on whetheir there will be adequate parking if Epicenter is allowed to operate to nearly the full extent of the leased area. Epicenter and the Tavern are the ot21y night-time operations in the complex. I can get an affidavit from tree .landlord for :your records. I also can ask the landlord to allocate the use of the. Parking Spaces exclusively to Epicenter and Tavern (by virtue of being the Anchor Tenant) during the evening hours. Since Epicenter and'tlte Tavern are the only two night-time businesses, the total spaces that can by used by these two businesses is 451 Spaces (the total spaces available in the complex). As per the parking renuirements for Restaurants/ Night-Clubs in a retail complex, 25 percent of the total complex (76',300 Sq. ft.) can be used for the above use cz 200 sq.ft./space. By this calculation, about 19,000 sq. ft (approx ).would need a total of 96 spaces. if additional intensive use is proposed, then the requirement is 1 space for each additional 50 sq. ft. The center has 45l Spaces (Night-Time). The remaining spaces that can be used for intensive use total (451-96) = 355 Spaces. At the rate fur 1 space fox every 50 sq. ft. of intensive use,. we would have (355 x 50 =].7,750 sq. ft. This brings the total conditional use for the complex to 36,750 sq. ft (approximately). Since Tavern occupies 4,980 sq. ft,'the area Epicenter can use for intensive use would be 31,770 Sq. l~t. This is much more than the 18,350 sq. ft, that was approved originally. p.2 Jan.~18 00 10:33a n 409-695-7198 p.3 I have spoken to the Planning and Zoning dept. on several occasions. The problem they are faci~ig is that whether they can rrxake the assumption that the total complex parking space can be used during nighttime (since the ordinance is silent on the Time of Use aspect of parking). To require an ordinance to specify Time of Use in my case is really meaningless, as there are no other businesses, in this complex, that are open during the evening hours. I can also provide an affidavit from the landlord. There will b~ no other businesses. that can corr~e in as the center is fully leased (although I cannot use majority of my leased space at the Epicenter because of the logic used in granting the permit). 1 sincerelybeIeve that using precedents is misleading (as they are using applicants who had requested parking for nightclubs and bars). The following is my logic: I do not know of any othee case (since 1994, when the ordinance was. amended).: 1. where the applicant was the dominant tenant of a shopping complex (in my case 65%) 2, the proposed use needed intensive use. 3. the applicant's businesses were the ONLY businesses that were open. daring night time. I .hope you will appreciate my logic and concern in this regard. If you have any questions please do riot hesitate to give me a call. My office number is 409-268-0340. Sincerely, Sri Kandalana President COLLEGE STATION P. O. Box 9960 1101 Texas Avenue College Station, TX 77342 Tel: 409 764 3500 Tuesday, January 18, 2000 Mr. Sri Kandalam .Epicenter _; 302 University Drive East College Station, TX 77840 Dear Mr. Kandalam: I am writing in response to-your January 11, 2000 letter, to render a Zoning Official decision, and to describe your options. If I understand you. correctly, you are requesting that the City of College Station change the way it applies the parking requirements for a shopping center to allow additional square footage added to the Epicenter nightclub without being required additional parking. In the interest of the intent of the parking regulations .and of consistent applications. of them in the past, I cannot agree with your. interpretation. In reviewing your calculations, you are making certain assumptions which conflict with the Ordinance. For instance, you assume that the 25% of square feet allowed for intense use would only require 96 panting spaces. This is not the case in a shopping center. The parking is assumed to be entirely shared among all users; the ordinance considers overlap in that there will be more. spaces used by the .intense uses at certain times:. We do not allow parking to be allocated to specific users in a shopping center. Also, you seem to assume that the temporary condition of excess parking during certain hours would. result in allowing a permanent expansion. to an intense use. Doing ' so would likewise be inconsistent with past applications of this particular zoning provision. At this time, you have. two options. 'Section I S of the Zoning Ordinance (full copy attached) provides for an appeal process to the Zoning Board of Adjustments. I am also including an application and associated `information.. Our Staff will advise the Board against any change in interpretation due to such reasons as mentioned above. You also have the option to approach the City Council and request a change ixi the ordinance provisions based perhaps on your past comments regarding your belief that there should be different parking requirements for different types of .nightclubs. If you would like to submit a study of .other cities. that distinguish various types of nightclubs and vary the requirements accordingly, we will be happy to review such a study and Home of Texas A&M University advise the Council accordingly. At this time, without additional information, I would not be in a position to recommend an ordinance change. If you have questions regarding this matter, please let me know. Thank you, Sincerely, - ~ ~ ~, C ~~~e Sabine McCully Senior Planner FROM PHAEDRA SOFTWARE SOLUTIONS PHONE N0: : 409 26E ESiS i ~~~ ~~~a~N ~~ Phaedra Software Solutions, lnc. "SAPT'" National Implementation Partner" 505 University Drive East, Suite#502 .College: Station, Texas 77840 Phone: 4491268-0340 Fax: 4091268-88 ~ 5 Jan. 24 2000 03:52PM P1 To: Sabina McCully From: Sri Kandalam Fax: .764-3496. bate: January 21.2000. Phone. Pages: 3 Re. Epicenter Conditions! PeRnit C~: ^ Ursent D For R®view ^ Please Comment ^ Please Reply ^ Please Recycle •Comments: Here is a proposal based an our earlier discussion. If you have any questions, please give m®a call. FROM : PHAEDRA SOFTWARE SOLUTIONS San 24~' 2000 Sabina McCully City Planner City of College Station College Station, Texas Re- Epicenter Conditional .Permit Dear Sabina, ~,~~~ 8 ~,+~` .~ ~, ~~' ~~ ~~~ ~~` ~' ` c. ~u ~~~ ~~~ .. „ ~, ~~ ~,~ •~,, ~~,~~ ~ ~k ~ ~.~ F6 ,t ~~ ~~. ~~~ Thank you for being very patient and .sparing the time to listen to my arguments. T have gone through the Ordinance and here is my logic (I think I was not very clear earlier). Step 1: The Entire Chimney Hill Complex consists of 76,800 Squaze Feet. The Total Number of Parking Spaces Available are 451 Spaces. I think you will agree on these facts .Step 2; As per the Toning Ordinance far Parking (9-12, Foot Note 2, I am Quoting Verbatim} "No more than 25°l0 of any shopping center Square footage shall be utilized for restaurants, nightclubs, taverns, bars or theaters unless additional parking is provided in accordance with the above requirements .for that square footage of such usES in excess of 25%". Let's make. the following assumptions: 1. It is 9 am in the Morning( for. that matter this will be true for normal business hours) 2. Proposed conditional use is forprecisely 19,200 Sgft. (25% of total area of the complex} The total. parking for the entire Complex (7b,800 including the intensive use space is 384 parking spaces (76800 divided by 200 Square feet/parking Space). By plain deduction, the 19,200 square feet of intensive use would cost me 96 (19200 sq. Ft. divided by 200 Sgftfspace) parking spaces out of the total parking of 384 spaces calculated as above. Step 3: Now ,consider it is ~ PM at night.. Just by simple facts which can be verified very easily, in the Chimney Hill Complex, Epicenter and Tavern on Chimney Hill are the ONLY night time Operations. All other tenants are daytime operations offccs/Banks/Retail). This means during the night all the parking spaces are available ie. A1145I Spaces arE available for the use by Epicenter and Tavern on Chimney hill (it is interesting to note that Tavern on Chimney hill, primarily a restaurant, takes last dinner bookings at 10 PM). This is a statement of fact. PHONE N0. 409.266 E615 ~~N~~~f~11~~ Jan. 24 2000 03:52PM P2 _. ~~~ o~ vp ', k,i Step 4: Nbw from Step 2 Above, The 19,200 Sq. ft (25°Jo of total area. of the complex) of Intensive use required yd Spaces. Now, Since The city classifies Epicenter as a Night FROM PHAEDRA SOFTWARE SOLUTIONS PHONE N0. 409 26E SS15 Jan. 24 2000 03:53PM P3 CONfIDENTIAI Club (llnd by simple reasoning; is open only at night }, .There will be (45 ] -95)=3~5 spaces thin are available. Asper the second part of the Ordinance quoted. in Verbatim eazlicr, Additional intensive use of approximately 35~ multiplied by 54 Square Ft. which equal 17,750 sq. Ft will be allowable. This will bring the total intensive usage to 19;200 plus 177(} which equals 36,950 Sq. Ft. atthe minimum { if you. calculate the requirement far Taverni on Chimney Hill @ 65 SgftlSpace, we will be eligible for some mare space). I think,. nowhere. in the ordinance, there is an indication of "time of use" argument..l think it makes good sense and is logical In fact I would request you, to provide arty research material that the staff may have prepared, which led to the ordinance being passed. I think, our major disagreement, is in the "tim.e' of use" argLUnent which in my case makes n huge difference as I lease more than 60 percent of the total complex. If you can indicate exactly where you disagree and your reason for doing so, I would like to proceed further. I haue already asked for a Parking Study and will ger it done. in 2 weeks. We also keep records of the number of visitors to Epicenter and. Tavern. I can provide you with these facts: I hope you will consider this argument. Please undErstand that I have waited patiently. for more'than a year before l am appealing to you abut this matter. R ards Sri dalam E STATION COLLEG P. O: Box 9960 1101 Texas Avenue. College Station, TX 77842 Tel: 409 764 3500 Tuesday, February O1, 2000. Mr. Sri Kandalam Epicenter 302 University Drive. East. College Station, TX 77840 Dear. Mr. Kandalam: I am writing in response to your January 24, 20001etter. As Lhad stated in more detail in my letter of January 18, I do not agree that the Epicenter and Tavern uses only require 96 parking spaces, nor do I agree with your suggestion that the ordinance does not include any "time of use" consideration. The uses require much more at certain times, and the 1 space per 200 required of the entire center assumes that there will be a mix of uses whose parking demands peak at different times.. The definition of a shopping center in the Zoning Ordinance refers t®a variety of uses, and it specifically refers to "shared" parkingfacilities. The ordinan_ ce that created the applicable provisions was part of a larger ordinance amendment and the meeting minutes are available at a c®pying cost of $0.10 per page. The minutes may or may not include discussions regarding the specific sections that interest you. If you would like a cost estimate, please let me know. As I stated to you by phone, we are currently exploring whether or not the Planning and Zoning Commission has other options under its Conditional L7 a Permit authority,, If you have questions regarding this matter, please let me know. Thank you, Sincerely, Sabine McCully Senior Planner Home of Texas A&M University t~~ CI~'~' 4F COLLEGE STATIOI`I aEVELOPMENT SER~JICES DEPARTMENT Post Office Box 9960. 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3570 Friday, November 13,1992 1VIr. Jim Woods P.O. Box 10220 College Station, TX 77842 RE: Nonconforming status of shopping center located at the northwest corner of F.M. 2818 and Southwood Drive Dear Jim: I am writing in response to your inquiries regarding the use of the property described above. The City considers this site legally nonconforming, which means that it was constructed before current ordinance requirements and is therefore exempt from zoning restrictions until the pre-existinguse is abandoned. You. had stated that the potential buyer of the property intends to convert the vacant 7-11 lease space into a restaurant. Normally, the City would restrict the square footage of a shopping center that may be devoted to an intense use to no more than 25% of the total leasable' area of the shopping center. In this case, the 7-11 space exceeds the maximum by approximately 800 square feet. If the center had been built under current restrictions, therefore, the conversion would not be permitted:. without the provision of additional parking. The fact that the center enjoys legal nonconforming status, however, would indicate that the use as a shopping center, which includes a mix of uses including retail and restaurants, should be allowed to continue until such status is lost. Please note that a change of use on the property (especially if the entire site is converted to restaurant use) .will result in a loss of the nonconforming status, and full ordinance compliance will be required. If you have any questions regarding this matter, please give me a call. Thank you. Sincerely,. - - ~ ~ ~l.c-,- -~ Sabine Kuenzel Staff Planner '"wilding a Better City in Partnership-with You" COLLEGE STATION P. O. Box 9960 1101 Texas Avenue • College Station, TX 77842 Tel: 409 764 3500 Tuesday, January 18, 2000 Mr. Sri Kandalam Epicenter _; 302 University Drive East College Station, TX 77840 Dear Mr. Kandalam: I am writing in response to-your January 11, 2000 Getter, to render a Zoning Official decision, and to describe your options. If I understand you correctly, you are requesting that the City of College Station change the way it applies the parking.. requirements for a shopping center to allow additional square .footage added to the Epicenter nightclub without being required additional parking. In the interest of the intent of the parking regulations and of consistent applications of them in the past, I cannot agree with your interpretation. In reviewing your calculations, you are making.certain assumptions which conflict with the Ordinance. For instance, you assume that the 25% of square feet allowed for intense use would only require 96`parking spaces. This is not the case in a shopping center. The parking is assumed to be entirely shared among all users; the ordinance considers overlap: in that there will be .more spaces. used by the intense .uses at certain times. We do not allow parking to be allocated to specific. users in a shopping center. Also, you seem to assume .that the temporary. condition of excess parking during certain hours would result in allowing a permanent. expansion to an intense use. Doing so would likewise be inconsistent. with.. past applications of his particular zoningprovision. At this time, you have two options. Section 15 of the Zoning Ordinance (full copy attached) provides for an appeal process to the Zoning Board of Adjustments. I am also including an .application .and associated information. Our Staff will advise the. Board against any change in interpretation due to such reasons as mentioned above, You also have the option to approach .the City Council and request a change in the ordinance provisions- based perhaps on your past comments regarding your belief that there should be different parking requirements for different types of nightclubs. If you would like to submit a study of other cities that distinguish various types of nightclubs and vary the requirements accordingly, we will be happy to review such a study and Home of Texas A&M University advise the Council accordingly. At this. time, .without additional information, I would not be in a position to recommend an ordinance change. If you have questions regarding this matter, please let me know. Thank you, Sincerely, r- ~,, ~'~,,,,, Sabine. McCully Senior Planner