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HomeMy WebLinkAboutMisc.E'3 V% P((~~ U M"TER 7OS1733 U.S. POSTAGE ZZ I 4I LU J ~ Z < O G a W Z o Q y ~ Q ¢ too) 00 ti W Z W W Z F- CID U Ed m V U) U ® 1 c F4 "d al- ww O O a.. E U_ 0< ~ y M5 LL_ E C VI .t p O iCay O a w 0 m > o ii - U 0 C j ~a ¢ C aw ~ r~GE s r9 SO~~ ~J:.,i r DEC 2 0 9= Z 0.6 0 j~~pr~{ It 1 UMETER 7081723 u•s. PosraGE 7°z c' I I J w z „ . O , C I_ ~ W~s I cc L A J oz 00 FQ - vJ W I - rn cr car: 0 a~ o Joo a Q H I Q N J CO Wa O O ) ~ 00 L U LL a E Z., +C4 o ¢ p 4) > V] x ~D u cc D 72 ~D U 0 rw 0 1 m U M w > m 9 a ~a ¢ Q I I I LL to a rn co rn `m 00 M O LL to a U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: CITY OF COLLEGE STATION OX Station ~Z7842 Gene icy- g N One piece of ordinary mail addressed to. ^ 99-730 312 Second c/o George F. Jutzsc~ac - 5418 Tupper Lake Drive _ Houston, Texas 77056 PS Form 3817, Mar. 1989 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: CI kY OF COLLEGE STATION One piece of ordinary mail addressed to:1 99-730 A&M Presbyterian 4~hll 301 Church Avenue - College Station, Texas 77840 _ PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ReceivMY OF COLLEGE STA , P a College Station, TX One piece of ordinary mail addressed to: a r :y 99-730 Jonathan & Howard C. Nelson R 5107 Spyglass Drive - College Station, Texas 77840 - PS Form 3817, Mar. 1989 ."•"..'a . r t a d r~~ N L' c ~r►~ ~~j~~cr S c:r , to ~ 6~ I`V v °ti)X q'.Lm y s•r'a r~ t C:a i 3 »»as»s»sasA- 00 e~'~ to 11 N (It a ~ ti to a N O,y " 3 s~ t m ^r 9rr'~ (10 o Q 1 y rn N R' O tl3 y a, a o\~ N r Q ~ I ~t.~'C~~~.41 y° 3 ai cr w m F 1. n tat f ~ ~ Ll W v~ o , ~rn ;it ! C'E Tyr .6 0 t P8 MtTER • U. S. POSTAGE 7031733 r ~ Z z I I I J W O /A" . R 1 . 5 IL J 2 0 r . y 0 00 a Z i c z Cd LL W W ~ W VJ OR-. Z r n fY W 02 a ~ LLI J X 0 m - u i '0 a IM l L) O U - W U td E c ~ w S2 oz < o¢ LL L n=1 Cd y y A b > cp ~z 0 E ~ c Cd to J F O¢ U,G O` Oa O W U V) 7 v / \ v 0 W a > a uj Y p Q m ¢ a c G maw!' 0 0 DEC 2 0r3 9 Z sfp PD METER 1031733 0 z N W o Z a 0 z o r ~ w w z (n J 0. O ;Z~ C ~o a O O wl U a Z .GQ O ~o¢ c ¢ m ? n ° E a W ~ LL U N Uj LL W m 0. m r m 0 U N Q Q Q < C a r ^Q.60.. K U.S._POSTAGE J` rn co cm G co co 0 LL N CL m~ . o0 o v m p U N ~ m w a) E C7 P N O vi Z ~ c o + ' aCL1cnQ co m M U m E 4 m I I I 0 LL G N CL 9 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: CITY OF COLLEGE STATION Q p.o. Box 996E) Galleg9 Station, TX 77842 1 One piece of ordinary mail addressed to: - 99-730 Robert J. Forrest - 3011 Westwood Main _ Bryan, Texas 77807 F : m PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: w p C)- Box 9960 is College Station, TX 7784 One piece of ordinary mail addressed to: 99-730 Nicole & Claudia Nelson 5107 Spyglass Drive Dallas, Texas 75287-7556 - - PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: I ~r I/ LLEGE STATION P,O. Box 9960 o ii 0,tation. TX 77842 One piece of ordinary mail addressed to: 99-730 - Robert Forrest 1230 S. College A n7m - Bryan, Texas 7780 PS Form 3817, Mar. 1989 1 n p N m O N +oo a % NO CD m to 3 aw !~l: f~ ~ C r 3 1} o ~ c ~ b I rrnn 1f2 ~ ~ ~ j Q-0,A19 r 3 wm doe- er~idil~li`t c t t t rn 1 r o +i O j tti E; rn V" F n p N >n O~y N w m ®i~t0~ co a , ar C p C=) f o ~ f -4 o ~ l 2 2 E~ rn v~GE S v)~ e fEB 10002 01.•;'1 PS METER ~i1~31 U. S. POSTAGE C7 O Z Z J w Q o V ~ Q o U. D Q W z 0 Q a Q 0 00 CJ z cr it Cl) ~ z W W Q °z~ ~ ) m 116 m O ~ d V v'O J ( O U O ' (L w w Q -y Q as >~r U, 2 L) V rn a) too U 0 Q Q LL m` U ~ N w o vi 0 a uJ LLz N E ~ P Q ° Cd m E m O O ~ o V o ~ C M m a w 5 C cqs ~ c Q~/~MQ r n > m ¢ O I I I < a 1 v pE S T4~a~,.~ 0 o OFC 2 0'g 9 Z (r]~ POMRTER 101738 m 00 rn io 00 M 0 LL a. a G .6 O ; t X 08TAGE r O 1 z z i J (n . a O ~ P. q Z o p 00 U L) LL z H H o r-+ O k ~ za CF) ~ m o?~ w °z O y N m Q V U o m O m C/1 , 0 U) ^ - a~ ~ 0O L) a fl- m tin " E = . LU ocr W C in 0 N F '10 -1 a l w ~J O n N 0 y m ' U tI1 U O 0. wp M > ID a N ~7 Q O m o: c L M Co ri E O LL N n U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FG7 INSURANCE-POSTMASTER Received From: CITY OF COLLEGE STATION cz) P.O. Box 996" 10 + r A One piece of ordinary mail addressed to:A I 99-730 x-r Our Saviour;s Lutheran Church'.ry ' 309 Tauber Street - - College Station, Texas 77840 PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: V2p~ C! I Y Or COLLEGE STATION P.O. Box 9960 College Station, TX 77842 One piece of ordinary mail addressed to: 99-730cc - Chad Grauke The Arkitex Studio, Inc. 501 University Drive E, Suite 201 - College Station, Texas 77840 - PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: CITY OF COLLEGE: STATION 6,? D c P.O. Box 9960 College Statin, T-X 77842 One piece of ordinary mail addressed to: 99-730cc - _ William J. Madden Jr. _ 6025 Westheimer - Houston, Texas 77057 - PS Form 3817, Mar. 1989 n O { N n: IF . 13 y F10\1 m C= w ~ v4~ m a. Gn ~ vr3i,J~il1 I'c IZ i V t l -3 C=) A ~ {JM ZI ' T 4n C= O o y o a No\ v-a raw ~ 9 n. CD A rn Y 4 k 1 1 A I f~ i+- C 0, co m r' ~ h ti a ~ N o\ m W GOD wry%~ ~~I. i o ~ O m C-3 •*s*»s~rs».• O O FES10'00 ~tl5 =Q.6QE nrDMETER 741735 U.S. POSTAGE cD Z a o 0 b ~ Q L ~ 0 a J W zo > z Cr" V ~ FH f ~w rte/] l; o a 6j _ N j 00 z.~00 V c° ai _j m C~ a ~ J t a C v i W W O V 00 n rn m U L) °a T p 2 e:: O S v r U) J ? O Q E o I"" n o v 0 0 t- cd a ~ V7 W O LL LL v > m U O c aZ V Q O Wa a ~d ¢ O _ y ~fEBSO'00Z Z0.60~ r t PB METER y031733 U.S. POSTAGE F- )O rz ~O i~ s L ~ J Q LZ 0 Q Q 2 ~ZQ LU o~ V Qo ULL In I W U w ~z U OOR Q c: ~OZ J W 2 N ~O w o'o_ m N QC D 2 o0 E LL m 2 V x m~ O~ 6 V m b a m E a v 0 0 O 'c m O Q O 00 Q) w°UH U ~ I W CD co 00 M E `o LL Cn a o~ r Go M E O LL N n , U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NO- PROVIDE FOF) INSURANCE-POSTMASTER Received From: CITY OF COLLEGE STATION P.O. Box 9960 College Station, EX I e piece of ordinary mail addressed to: 99-730 ~ ' - William J. Madden j - 6025 Westheimer Houston, Texas 77057'•` = PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NO' PROVIDE FOR INSURANCE-POSTMASTER Received From: CITY OF COLLEGE STATION -Slmlincn, Ty, 7732-112 One piece of ordinary mail addressed to: '99-730cc ` - 312 Second - c/o George F. Jutzschbach 5418 Tupper Lake Drive - Houston, Texas 77056 PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILIIIvu MAY BE USED FOR DO1111;1i C AND INATIONAL MAIL, DOES NOT I NTER PROVIDE FOR INSURANCE-POSTMASTER RaceCITY From: OF COLLEGE STATION Ox 9so oe COIL a a i One piece of ordinary mail addressed to: 99-730cc Robert J. Forrest _ 3011 Westwood Main Bryan, Texas 77807 - PS Form 3817, Mar. 1989 C1. p aU m r o h ~ Y °~y fa ~ ~ W , et\ n tug 1 1 ~ i~ b~ N v ~rn tl! '~P1 fib s•sass~+~a ; a C o ~ a 4 A:) C= r 3 l u a r m O 0 o. cm m ~1~A<x-P '3fi_A s d ~f t Q Q r m O dl o d C fir } „ w m ,~..~1 vllDStl~t' rya a c 1t2 f cn O Q` o rn H 'a v~GE ST9~~~"w. = a~ ° HS 1010 0 PB METER 7081733 0 2 0 (n CV J W O .O Q ~ ~ Q U. O 2 Q Z W Z O O Q z a CIO (o x H zm W M am) W o Z F X m cd U ca V ~o a O. m a .O >C N m N w E 2 z O E W O acr d y b4 WD 0 U) M "T:$ y{ -2 C's J W 2 O I\ N Cn0 LL $ a Q N t~ O o W W m0 m m a y >0 <a m ¢ C o z 0.60.. 1. S. POSTAGE ; rn rn c~ C m M O U. a r ° o "Ef3 10'00 41 X0.60.. PBMfTER 7081733 U.S. POSTAGE Z I I J O a~ ~Q a O Z o 0 W Z O M oho a Q a z i; ~W L" F- cn s U roa W m ~ > O ~ LU jav , X c) a _.1 O . O I U w J O ' to O «i rn CO L 0z V E c~ bA D a cc LL u o vl Q b4 o LL z E o p Cd 0 Q V7 e) G E C > > ¢ 0 I I I > <a O LL to a U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOl PROVIDE FOR INSURANCE-POSTMASTER Received From: CITY OF COLLEGE STATION 6 College Station, TX 77842 One piece of ordinary mail addressed to: 99-730cc Richard Benning - Energy Alchemy Inc. 1802 Lawyer College Station, Texas 77840 PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE F AILING MAY BE USED FOR DOMESTIC AND INTERNATION MAI , DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: CITY OF COLLEGE STATION 2~ College S}anon,. 996, 77842 Onq piece of ordinary mail addressed to:, 99-730cc _ Our Saviour's Lutheran Church 309 Tauber Street - College Station, Texas 77840 - PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: 6 2 Q C ";ITY OF COLLEGE STATION P.O. BUX 9960 r'ol'eae Station, TX 77842 One piece of ordinary mail addressed to: 99-730cc _ A&M United Methodist Church 417 University Drive _ College Station, Texas 77840 PS Form 3817, Mar. 1989 f O t 1 3 e~ a 111 ati~ :we a~at~ia r~ !1 e C i o C=) W E; ~ O i -n , n##na*.ax#. a p ® y o a a o, a w rn aq f w m m tt t t t kk~i, O L1 b~ I > o . r~ 0~ C T S ~ F w ~ L~ y a ® 00, 1J " m m "sue ;I► ' ,'f Jc = tl~b a v> cr% s rn n*#»***»**- COLLEGE STATION P.O. Box 9960 1101 Texas Avenue College Station, TX 77842 'ZOLLEGE STATION . Box 9960 1101 Texas Avenue College Station, TX 77842 CID, y V CD CD a r• J ~ k 00 ~ y O r°.. ` Cam' - ~ m a c-, 0= n a~aoNil t ~ ttt ~ tit 1 7t b 14~~ o ~ o v 1 ~ ~ W 1 CD J O O ~ ~ o CD Q^+ ~ \ 1 CD 0 171 7 O m to r y o T -.47 ~C v w :n a in I!. NU I Il;t OF PUBLIC HEARING The College Stn Plan- ning and Zoning Commis- sion will hold a public hear- ing to consider a Conditional Use Permit for 301 College Main, to allow for a night club. The hearing will be held in the Council Room of the 1 College Station City Hall, 1101 Texas Avenue at the { 7:00 P.M. meeting of the 3 Commission on Thursday, January 6, 2000. Any request for sign inter- pretive services for the hear- ing impaired must be made 48 hours before the meeting. To make arrangements call (409) 764-3547 or (TDD) 1-800-735-2989. t For additional information, please contact me at i (408)764-3570. (y,~ SABINE MCCULLY r^` J SENIOR PLANNER ' - 12-20-99 i- i FF yt y 1 CITY OF COLLEGE STATION CUSTOMER RECEIPT OPER: MRODGERS CT DRAWER: 1 DATE: 11/08/99 00 RECEIPT: 0038905 DESCRIPTION QTY AMOUNT TP TM 1999 169 1 $150.00 #PL5541 CK: PLANNING & ZONIN TENDER DETAIL 5541 $150.00 CK DATE: 11/08199 TIME: 15:32150.00 TOTAL PERSONAL CHECK $$150.00 AMOUNT TENDERED THANK YOU w yY T~'' ' - : t^ Y y ~r ~r U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NO PROVIDE FOR INSURANCE-POSTMASTER Received From: CJTY COLLEGE STATV 2O n x 99 Co!'ege Station, TX 77842 One piece of ordinary mail addressed to: 99-730cc _ A&M Presbyterian Church 301 Church Avenue - College Station, Texas 77840 1 i 1i ~I it i' T °<< <s is d Q )f m it ~ O to O y O a t~ _a w t ~ a , wd c tt? cn C) o Q, D. cm rn PS Form 3817, Mar. 1989 Agenda Item. Cover Sheet Q Regular Item Consent Item Workshop Item Item Submitted By: Jessica Jimmerson, Staff Planner Council Meeting Date: February 24, 2000 Director Approval: City Manager Approval: Item: Appeal of a Conditional Use Permit granted by the Planning and Zoning Commission on January 6, 2000 for a nightclub use and site plan at 301 College Main. Item Summary: On January 6 h, 2000 the Planning and Zoning Commission granted a Conditional Use Permit for a nightclub use and site plan at 301 College Main. This area is zoned NG-1, Historic Northgate, which does allow nightclubs with a conditional use permit. The Commission did place a condition on the C.U.P. that the roof of the building is not to be used until the parking garage is in operation. To grant the Conditional Use Permit the Commission had to find: 1. That the proposed use meets all the minimum standards established in this ordinance for this type of use; 2. That the proposed use meets the purpose and intent of this ordinance and is in harmony with the development policies and goals and objectives as embodied in the Comprehensive Plan for Development of the City; and 3. That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, not be substantially or permanently injurious to neighboring property." Since that time the A&M United Methodist Church has decided to appeal the Commission's decision. The Church is concerned with whether a nightclub use in this location is an appropriate mix of uses in the area, especially with the intensity of this type of use in such close proximity to their facility. They understand that historically there have been a variety of uses in this area and that the Northgate Redevelopment Plan calls for a mixture of uses to continue. Their concern is a nightclub use at this particular location. They feel that the noise, hours of operation, increased pedestrian and vehicular traffic and other effects of a nightclub use would not be compatible with their usage of their property. When representatives of the church met with staff, they stated that under current conditions, they often find their parking lots occupied by non-members, and they fear that allowing a more intense use, like a nightclub, will only exacerbate the problem. In their original appeal letter they also discuss concerns about a possible liquor license at this location. At this time the City has not received a request for an alcohol beverage permit for this site. The alcohol issue is separate from the conditional use permit and will be addressed when and if an application for a liquor license is received. A nightclub is defined by the Zoning Ordinance as, " a commercial establishment including, but not limited to bars, coffee houses or similar establishments where a dance floor, music, games or other entertainment is provided and where the serving of food is not the principal business. Specifically included in this classification are establishments that derive 75% or more of their gross revenue from the on-premise sale of alcoholic beverages." College Station does have nightclubs that do not sell or allow the consumption of alcoholic beverages on their premises. Remember, also, that TABC does not allow us to deny a conditional use permit solely on the basis of the possible sale of alcoholic beverages. To evaluate whether to grant the Conditional Use Permit or not, the Commission took many things into consideration. One of those is the Northgate Revitalization Plan. The Plan calls for the area to be developed in a more urban style, which means parking needs are to be met by larger commercial lots instead of by individual establishments. The Commission also considered the recommendation of the NRB. In the three Northgate zoning districts the NRB has final authority to set the parking requirements for all uses permitted by right. In this particular instance, because of the Conditional Use Permit, the NRB and the Commission have some overlapping authority in regards to parking. To address the concerns of increased traffic that this project will generate, the NRB recommended that the roof not be used until the City's parking garage is in operation. Using as a guide the requirements that other districts in the City must follow, this restriction causes the number of parking spaces required to be lower than if the building, including the proposed roof space, was used as a restaurant, which is a use permitted by right in this zoning district. It is the burden of the person or persons appealing the granting of a C.U.P to show that the Commission's decision is unjust and/or was made in error, in whole or in part. It is staff's understanding that A&M United Methodist Church intends to present additional information to Council at the meeting. Budgetary and Financial Summary: N/A Related Advisory Board Recommendations: The NRB subcommittee recommended approval of the use; the aesthetics and the site plan with the condition that the roof not be used until the parking garage is complete. The Planning and Zoning Commission approved the use and site plan, by a vote of 3-2, with the condition of compliance with all ordinance requirements, distance requirements, and with staff and NRB conditions. Staff Recommendation: In general, the Northgate Plan encourages development and redevelopment of commercial uses. It also recommends a mix of uses, as well as, the continued presence of churches within this mix. Therefore, staff recommends upholding the Commission's decision. Council Action Options: 1. Uphold the decision of the Commission as it was passed. 2. Overturn the decision of the Commission in its entirety. 3. Remand the case back to the Commission for reconsideration of certain and specific points. Supporting Materials: 1. Letter of Appeal with attachments 2. Staff Report to the Planning & Zoning Commission 3. P&Z Commission Meeting Minutes 4. NRB Meeting Minutes 5. Location Map ti ~~i.ICITY OF COLLEGE STATION ~gq%vjwvmr LEGAL DEPARTMENT %Q F. j POST OFFICE 8OX 9960 1101 TEXAS AVENUE COLLEGE STATION, TEXAS 77642-9960 (409) 764-3507 MEMORANDUM TO: Connie Hooks, City Secretary f~xa*4t-- FROM: Roxanne Nemcik, Acting City Attorney SUBJECT: Issuance of a Beer and Wine 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 staff has used to measure the distance from Texadelphia's business to any church within the general vicinity comports with state lave? SHORT ANSWER: CHAPTER 1, SECTION I OD(2) OF THE CITY OF COLLEGE 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 fi-anchise, has submitted an application for a wine and beer permit to the TABU 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 lave? . DISCUSSION: An incorporated cittyy may enact regulations applicable in the city prohibiting the sale of alcoholic beverages by a3dealer whose place of business is within 300 feet of a church42 public school, or public hospital. In order to regulate, the city must first have enacted an ordinance.` Because the City Council has enacted an ordinance prohibiting the sale of liquor within 300 feet of a church, ' 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. SECnoN 109.33(A), TExm ALcoHouc BEvERAOE CODE (VERNON SUPP. 1997) 4 See, F.zzell v Texas Alcoholic Beverage Commission et at., 528 S.W.2d 888, 890 (Tex. App. - Fort Worth 1975 no writ). Jr/dJan97/ts mdoc i Connie Hooks January 17, 1996 Page 2 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 o regulate, the legislature has established a method by which cities must measure the distance.' 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. 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 point 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 F.zzell. The revised map that the staff has submitted to you measures the distance in this case in accor- dance with the Awomuc BEvEizAGE 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 ' See, SECTTON 109.33(B), TIDw ALooHOu c BEVERAGE CODE (VERNON Stipp. 1997). 6 See, City of Wichita Falls v. Abell, 566 S.W.2d 336, 339 (Tex. App. - Fort Worth 1978 writ ref' d.). 7 Id, See also, F=ell v. Texas Alcoholic Beverage Comm., 528 S. W. 2d at 891. e Hallum v. Liquor Bowe& 166 S.W.2d 175 (Tex. Civ. App. - Dallas 1942, writ ref'(.) 9 Stubbs v. Texas Liquor Control Boarel, 166 S.W.2d 178 (Tex. Qv. App. -Dallas 1942, writ ret'd.) 10 Robinson v. City ojDallas, 193 S. W.2d 821, 823 (Tex. Civ. App. - Austin 1946, writ ref'(.) Jdc/Jan97Ae=.doc 822 Tex. 193 SOUTH WESTEMN REPORTER. 2d SERIES h 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 Avenue, 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 Oak- To Y- e s.. 4 V YflVl. rug store under the .e Pharmacy in a rner of Forest and 1 . west side of is 60 ft. wide be- Its front door is y line. The pack- ove brick building )perty line of Oak- ,vall being 15 ft. S of Forest Avenue, A Avenue at right ace between the N re and the S prop- iue is .vacant. The age store is in the 5 ft. S of the south Avenue, and 21 ft. aperty line of Oak- k4 ulte- IIOBINSON v. CITY OF DALLAS Cite as 183 S.w.2d 821 Tex' 523 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 15 ft. to E line of O. Ave.; thence N along said line 202 ft. to S line of F. Ave.; thence west 81 ft. 6 in., cross- ing O. Ave. to a point on its F. Ave. S property line opposite package store door; thence S 15 ft. to said door; in all (15+202+81.5+15) 313.5 ft. The Cif ' the block in which the church is located; but if we assume that it was at least 250 ft., and also assume that the door to the liquor store was on the E (O. Ave.) side of the building 21.5 ft. S of its N E corner, under Robinson's contention his front door would still be 313.5 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. measurement follows: Begin at Chu ch Robinson urges the additional point, upon door; thence W 15 ft. to E. line of O. which he cites no authority, that the city Ave.; thence continuing W 60 ft. to its W is estopped from questioning the validity property line; thence N along said line 187 of his license. The basic supporting facts ft. to N. E. corner package store build- ft. of such contention are these: In January thence W 21 ft. 6 in. to its door; in ing; the 1945 he applied for a package store permit all +187+21.5) 283.5 ft, , making inquiry at the time of the "proper The ordinance appears to have been construed in onl t authorities of the City" as to the distance his front door would be from th h y wo cases, neither of which has direct bearing upon the issue at e c urch door, and requesting that official measure- bar. Hallum v. Liquor Board Tex Civ ments be made to determine whether such , . . App., 166 S.W.2d 175 (error ref.); Stubbs distance was more than 300 ft. He was v. Texas Liquor Control Board, Tex.Civ. App., 166 S.W 2d 178 ( then informed that his then front door (location not shown) was withi 300 f . error ref. W. M.). The holding in the Hallum case was that at n t. of the church door, but if it were moved to street intersections the crossing should be the present location the distance would be diagonally instead of crossing each street more than 300 ft. Accordingly he obtained at right angles. That in the Stubbs case a building permit from the city building i was that a church might have more than nspector, and had a new front door cut one front door, and that a Sunday School at a cost (including incidental repairs) of $1 000 Th door constituted a front door. No other , ereafter, he again had the dis- authority is cited by either party having any beari tance measured, and obtained a certificate from the buildin i ' " g nspector s office ng upon the present issue. on the [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 50 ft. wide, and exactly opposite, facing and only 50 ft. from the church door. Under Robinson's conten- tion the distance would be 350 ft. We have not the length of frontage on O. Ave. of 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, 1945. 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.2d 229, a Commission opinion adopted by the Supreme Court. The trial court's judgment is affirmed. Affirmed. r "s had enacted referred to in e appellant did not show that the City such an ordinance offered by anyone + an ordinance had ty. Wichita Falls had ice and if the dis- ,or of the proposed h the permit was of the neighboring when measured in in the statute, was the administrative the permit would hat ground alone. e judicial notice of oust be proved up facts. See 23 Tex. . 12. fence that was in- ict Court trial was a 'tether or not hun:n was located the front door of the wine and beer *ord makes it ap- ived just assumed, veof, that Wichita a effect that pro- the permit if the • doors is less than ws the location of the permit was to w the location of aptist Church and distances that are EZZELL v. TEXAS ALCOHOLIC BEVERAGE COMM. Tex. 891 CUe as In S.wsa s" JYM%/r 4hmsBeRo Hilowhy (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 property line of the street front) which was a distance of 68 feet 5 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 56 feet 9 inches); then measure from point C in a straight line to the door of the store, whist is point D on the plat and which last meas. 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. iG.M Irl 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 (ppop- 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 808 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. 193 SOUTH WESTERN REPORTER. 2d SERIES statement of facts, and the judgment was Robinson operates a drug store under the in favor of the city. Robinson has ap- name of Forest Avenue Pharmacy in a pealed. brick building at the corner of Forest and Robinson's brief states that the sole is- Oakland Avenues. sue for determination is the correct method The church fronts on the west side of of measurement under the ordinance, the Oakland Avenue, which is 60 ft. wide be- pertinent part of which reads: "No li- tween property lines. Its front door is cense or permit of any kind provided for 15 ft. E of the property line. The pack- under this ordinance shall be issued to any age store is in the above brick buildin; dealer * * * where the place of busi- abutting on the west property line of Oak- ness of any such dealer is within 300 feet land Avenue, its north wall being 15 ft. S of any church, * * * measurements to of the S property line of Forest Avenue, be made along the property line of street which intersects Oakland Avenue at right fronts, and from front door to front door, angles. The 15-foot space between the N and in a direct line across intersections wall of the package store and the S prop- (streets) where they occur; * * erty line of Forest Avenue is vacant. The The situation and the respective methods front door of the package store is in the of measurement contended for is shown by N wall of the building 15 ft. S of the south the following tracing of a blue print map property line of Forest Avenue, and 21 ft. attached to the agreed statement: 6 in. W of the west property line of Oak- ~ ;~tl I' . i ~N j3~~C~cu~ I ~ r P I N ~1 I NoY4h I 1. ~ I ~ ^t,~.1,ye~ ~•u.. I I . P I 1 ~ I l I ~ \ I ~ w tabcl.txt Sec. 109.33. Sales Near School, Church, or Hospital. (a) The commissioners court of a county may enact regulations applicable in areas in the county outside an incorporated city or town, and the governing board of an incorporated city or town may enact regulations applicable in the city or town, prohibiting the sale of alcoholic beverages by a dealer whose place of business is within: is hospital; or stoners (1) 300 feet of a church, public school, or publ (2) 1,000 feet of a public school, if the commis court or the governing body receives a request from the board of trustees of a school district under Section 38.007, Education Code. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, nd in direct line across intersections. The measurement of the distance between the place of business where alcoholic beverages are sold and the public schools shall be in a direct line from the property line of the public school to the property line of the place of business, and in a direct line across intersections. (c) Every applicant for an original alcoholic beverage license or permit for a location with a door by which the public may enter the place of business of the applicant that is within 1,000 feet of the nearest property line of a public school, measured along street lines and directly across intersections, must give written notice of the application to officials of the public school before filing the application with the commission. A copy of the notice must be submitted to the commission with the application. This Subsection (c) does not apply to a permit or license covering a premise where minors are prohibited from entering the premises under Section 109.53. (d) As to any dealer who held a license or permit on September 1, 1983, in a location where a regulation under this section was in effect on that date, for purposes of Subsection (a), but not Subsection (c), of this section, the measurement of the distance between the place of business of the dealer and a public school shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. (e) The commissioners court of a county or the governing board Page 1 tabcl.txt of a city or town that has enacted a regulation under Subsection (a) of this section may also allow variances to the regulation if the commissioners court or governing body determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the court or governing board, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. (f) Subsection (a)(2) does not apply to the holder of: (1) a retail on-premises consumption permit or 1 icense if less than 50 percent of the gross receipts for the premises is from the sale or service of alcoholic beverages; (2) a retail off-premises consumption permit or license if less than 50 percent of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax, is from the sale or service of alcoholic beverages; or (3) a wholesaler's, distributor's, brewer's, dis tiller's and rectifier's, winery, wine bottler's or manufacturer's permit o r r license, or any other license or permit held by a wholesaler o manufacturer as those words are ordinarily used and understood in Chapter 102. Acts 1977, 65th Leg., p. 526, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 4038, ch. 629, Sec. 1, eff. Sept. 1, 1983. Amended by Acts 1995, 74th Leg., ch. 260, Sec. 7, eff. May 30, 1995. Sec. 109.331. Sales Near Day-Care Center or Child-Care Facility. (a) This section applies only to a permit or license holder under Chapter 25, 28, 32, 69, or 74 who does not hold a food and beverage certificate. (b) Except as provided by this subsection, the provisions of Section 109.33 relating to a public school also apply to a day-care center and a child-care facility as those terms are defined by Section 42.002, Human Resources Code. Sections Page 2 tabcl.txt 10 109.33(a)(2) and (c) do not apply to a day-care center or child-care facility. (c) This section does not apply to a permit or license holder who sells alcoholic beverages if: (1) the permit or license holder and the day-car e center or child-care facility are located on different stories of a multistory building; or (2) the permit or license holder and the day-car e center or child-care facility are located in separate buildings and either the permit or license holder or the day-care center or child-care facility is located on the second story or higher o f a multistory building. (d) This section does not apply to a foster group home, foster family home, family home, agency group home, or agency home as those terms are defined by Section 42.002, Human Resources Code. Added by Acts 1997, 75th Leg., ch. 723, Sec. 1, eff. Sept. 1, 1997. Page 3 From: Todd McDaniel To: RNEMCIK Subject: Texadelphia Properties -Reply -Reply Roxy, Skip says "hump it" on the closing! Willie Madden says he can't do the closing until he has received his Beer and Wine Permit but for us to go ahead and schedule it. The easement will have to come later! Tom B. suggests that we incorporate language into the Deed. This will be a permanent easement for both access (sidewalk) and utilities. David Mayo is doing the metes and bounds description! He is also doing one for Bottle Cap Alley. Skip wants us to put an item on Exec. to discuss the acquisition of this property either through an easement or condemnation. I will put together an estimate of what it will cost. I don't think we should have it appraised until after Council direction. Call mel Todd Roxanne Nemcik 12/16/96 11:02am I'll contact the title company and let you know what is the earliest that we can close. If we need an access easement, then you will need to get a metes and bounds description of the access easement so that I can prepare an easement. Is this going to be a permanent easement or a temporary easement? Todd McDaniel 12/16/96 08:51am Roxy, Willie Madden called on Friday re: the Council action on the Real Estate Contract. I wanted to touch base with you before I returned his call. As you are probably aware, Mr. Madden wants to close on this property as soon as possible. Do you have a feel for when that could happen?? Also, we are going to need an access easement in front of that property for the Patricia Street project depending upon where the property lines are in relation to Patricia? Todd CC: KLAZA January 13, 2000 City Secretary City of College Station 1101 South Texas Avenue College Station, TX 77842 Dear Madam or Sir: ~j JAN 1 3 2000 I#: 30 e1 CITY SECRETARY'S OFFICE This is to inform you of my desire to appeal the issuance of a Conditional Use Permit by the Planning and Zoning Commission for an establishment at the corner of College Main and Church Avenue. The permit is for a night club and was granted on January 6, 2000. I am a resident of College Station and a member of A&M United Methodist Church. The appeal reflects concerns of the congregation of A&M Methodist, as well as my own, with the proximity of a night club to the church's education building located on the south east corner of College Main and Church Avenue. The appeal is not concerned with the operation of a restaurant at the site or the serving of alcohol incidental to that operation. The night club usage, however, is an entirely different matter. According to the staff report made to P&Z on January 6, the 300 foot buffer zone from a church required by City Ordinance was satisfied. I can only assume the City has chosen to interpret this measurement as being made to the front door of the sanctuary, which in our case is more than 300 feet from the site. However, the site is well within 300 feet of the entrance to our Family Life Center (formerly the First Baptist Church of C.S. sanctuary). The attachment shows distances measured by a local Texas Alcoholic Beverages Commission agent. Our Family Life Center is used for Sunday school and has been used for a 10:00 am. worship service. Furthermore, as we begin renovation of our main sanctuary this year, we will relocate all our worship services to the Center. So this building is certainly a Sunday school and arguably a sanctuary as well. I question the apparent strict interpretation of "church" as being the entrance to the main sanctuary in the City Ordinance and would ask that City Council give consideration to the situations this interpretation produces. In addition, at least in regard to the State statute on issuance of liquor licenses, there seems to be recognition of a Sunday school room as "church" (see attachement). In our case, the developer's representative in discussions at the hearing described the possibility of a roof top dining and dancing area. Please imagine a live band playing up there as we try to conduct an evening worship service or hold an evening activity for our junior and senior high youth. If Council feels this is not an appropriate mixture of activities, please rescind the Conditional Use Permit and consider modifying the City Ordinance to better protect neighboring church facilities. S' erely, ar L. J 9sC , air A&M Church Trustees Q1 o Q . 0 o- lr~ e 178 Tex. 166 SOUTH WESTERN REPORTER, 2d SERIES the execution of a supersedeas bond, and reverse the same. Affirmed in part, and in part reversed. p i MA MUNIES SHM W T STUBBS et al. v. TEXAS LIQUOR CONTROL BOARD. No. 13381. Court of Civil Appeals of Texas. Dallas. Oct. 23, 1942. Rehearing Denied Nov. 20, 1042. 1. Intoxicating liquors «108(10) District court erred in permitting judgment of cancellation of wine and beer retailer's permit to be superseded pending appeal from district court's judg- ment affirming the State Liquor Control Board's judgment. 2. Intoxicating liquors 059(2) Except as may be othenvise specifical- ly provided, the distance contemplated by a statute or regulation prohibiting the granting of a license for the sale of in- toxicating liquors, or traffic therein, with- in a certain distance of a named institu- tion or place, must be measured in a straight line, rather than in some other manner, such as by the usually traveled route or the street lines. 3. Intoxicating liquors «59(2) The phrase "from front door to front door" as used in statute or regulation pro- hibiting the granting of a license for the sale of intoxicating liquors, or traffic therein, within a certain distance of a named institution or place, refers to any door of the institution or saloon, since the institution or saloon may have several "front doors" and may face on two or more streets. See Words and Phrases, Permanent Edition, for all other definitions of "T71_ F from being operated within 300 feet of the front door of that portion of the church used as a:Siinday ssc oo Vernon's Ann. P.C. art. 666-2- A "cfiurch" is a place where persons regularly assemble for worship. A "Sun- day school" is for religious instruction and religious worship, primarily for and by children. See Words and Phrases, Permanent Edition, for all other definitions of "Church", "Sunday School" and '"Three Hundred Feet of a Church". 5. Intoxicating liquors 0106(4) In determining whether place of busi- ness of holders of wine and beer retailer's permit was within "300 feet of church" as prohibited by city ordinance, so as to justify cancellation of permit by State Liquor Control Board, distance could be measured from the near sides of liquor dealers' door and door of church, or up to end of steps leading to church door rather than up steps to center of door, or could be measured along a public alley to door of church or to door of Sunday school room. Vernon's Ann.P.C. arts. 666-2. 666-25a. Appeal from District Court, Dallas County; Wm. M. Cramer, Judge. The Texas Liquor Control Board can- celled the wine and beer retailer's per- mit held by C. G. Stubbs, Tr., and others, oti ground that their place of business was within 300 feet of a church. From that order, C. G. Stubbs, Jr., and others ap- pealed to the district court. From a judg- ment affirming the board's action, but per- mitting the suspension of judgment pend- ing appeal, C. G. Stubbs, Ir., and other appeal. Judgment affirming action of board ai- firmed, and supersedeas bond quashed. Carlton, Martin & Street, of Dallas, for appellants. Gerald C. ?Mann, Atty. Gen., and OwcEt D. Cox, W. P. Watts, R. D. Moorhead, Edgar Pfeil, and George W. Barcus, Asst. Attys. Gen., for appellee. om ront Door to Front Door and r ont Foot' LOONEY, justice. 4. Intoxicating liquors 0-59(2) The Texas Liquor Control Board call- Statute prohibiting saloons within!, celed the wine and beer retailer's permit "300 feet of a church" prohibits a saloon held by the appellants, on the lo-round that - their place of bus'; of the South Da from the order, al) district court, Pei, suspended the ord~ after a fall lie, court dissolved th order and, in all r firmed the action which this appeal the objection of th mitted appellants u ` pending the appeal supersedeas bond. s [1] The first i{ wolves the ruling c appellants to suspc ing appeal to this E. P. Hallurn, Ap- E~ trol Board, 166 S.' cided, presenting ti, held that the trial c the judgment of c; ceded pending the reasons given in t' I-Iallurn case, we a. erred in the insta supersedeas bored should be and is h The facts being ir_ for decision is, \%!t- of business is local; Church in question under the Liquor the ordinance of th The Cit} Council t.; as authorized by A, Ann.Penal Code, I,_ hibiting the issuanc mit to ally deale7 handling liquor (r' Liquor Control Ac: business of snc'r d or any church, j: for "the rnensurcm. property lines of from front door to f line across intersect! The facts are tlu las Christian Churcl tersection of Gram Harwood Streets in the Church has tit( facing on Grand main church audito: it, is a wooden bull( school room, which door that opens on . ' through Which, cn:r. January 4, 2000 Mr. Julius Gribou Chair, NRB C/o City of College Station Planning Department College Station, TX 77842 Re: 301 College Main (Northgate Center) project Dear Mr. Gribou: Thank you once again for the NRB's favorable review and approval of the proposed renovation/restoration project located at 301 College Main. As you saw from the proposed project renderings and other information provided during the presentation to the NRB last month, this project will be a very extensive and costly endeavor. In addition to removing a major example of blight in the Northgate area, the new renovations will offer an attractive, well- designed, and multi-functional building that compliments the recent and planned revitalization efforts of the City. In addition to the obvious aesthetic improvements, other measurable public benefits of the project include increased revenues from property and sales taxes and additional employment opportunities for local residents during construction and after completion. The proposed project consists of exterior and interior renovations to the existing structure, an added interior mezzanine level, and an added exterior rooftop dining/entertainment area. It was our understanding from the last meeting that the NRB approved this project only for interior usage for the existing floor level and planned mezzanine area, plus exterior "sidewalk cafe" usage if desired. Approval did not include the proposed rooftop level area. The NRB recommendation also included that usage of the rooftop level would be approved upon completion of the City's parking garage in approximately two years. Since this meeting, I have informed the proposed tenant for this building of the NRB's recommendation. In response, he has requested to be allowed to utilize the rooftop level for "special events" on up to fifteen separate occasions each year until the parking garage is completed. The dates of the special events are not specific, but would be sporadic throughout the year. As I mentioned earlier, this will be a costly project. The lease negotiations with this potential tenant have been on-going for more than six months. Obviously, the proposed renovation is tied to a negotiated rent that is tied to the tenant's ability to pay based on anticipated revenue. Restricting the usage of the rooftop level for a two-year period will obviously have a financial impact on the income-producing ability of the building and may potentially affect the amount and level of the improvements (both interior and exterior) that can be completed. Page 2 Mr. Julius Gribou January 4, 2000 For these reasons, I contacted city staff and was told that any usage of the building (proposed renovations to the existing structure plus rooftop) would have to be approved by the City's Planning and Zoning Commission. The project is scheduled for their review on January 6. I wanted to take this opportunity to notify the NRB that I anticipate requesting that P&Z second your favorable review and approval and additionally grant approval of a limited usage of the roof-top level for up to fifteen "special events" each year until the City's parking garage is completed. I would appreciate any comments that you might have in regards to this request and will be available to answer any questions you might have. I can be reached at 822-0035 from 9:30 a.m. to 5:30 p.m. and at 589-2651 after 6:30 p.m. Your recent support and favorable comments were greatly appreciated and we are looking forward to completion of this project. Sincerely, Robert Forrest (by Calvin Barkley, Business Manager) cc: NRB Committee Members Ms. Sabine McCully Ms. Jo Carroll Mr. Randy Brumley February 7, 2000 Harry L. Jones, Ph.D., P.E. Department of Civil Engineering Texas A&M University College Station, TX 77843-3136 Dear one , Thank you for your letter regarding the conditional use permit for the corner of College Main and Church Avenue. The City Council will consider the appeal of the conditional use permit at the 7:00 p.m. regular meeting on Thursday, February 24. As you probably know, the Planning and Zoning Commission at their meeting on January 6, 2000 approved the conditional use permit that is being appealed. The Northgate Design Review Board has also reviewed the design considerations for this project. They approved the designs, but with the stipulation that the upper deck of the building could not be used until the Northgate Parking Garage is completed. No alcohol beverage permits have been applied for at this time. If you have any further questions or concerns, please feel free to call me at 764-3510 or send e-mail to tbrymer@ci.college-station.tx.us. Sincerely, G/mV Thomas E. Brymer City Manager Cc: Honorable Mayor and City Council Ji allaway, Director of Development Services ane Kee, City Planner Harvey Cargill, City Attorney Roxanne Nemcik, Senior Assistant City Attorney o:/group/admin/correspondence/tom/jones.doc P.O. Box 9960 1101 Texas Avenue College Station, TX 77842 Tel. 409 764-3510 E Any person or persons, jointly or severally aggrieved by a decision of the Commission may present to the City Secretary an appeal, setting forth that such decision is unjust and/or was made in error, in whole or in part. The appeal must be in writing, must spedt the grounds of injustice and/or the points on which the Commission erred and mus e signed by the appellant(s). w Such appeal shall be presented to the City Secretary within ten (10) days after the final decision of the Commission and not thereafter. The City Secretary shall then schedule a public hearin before the pity Council and shall notify all property owners within two hundred (200' feet of the subject lproperty under appeal. This notice, in a form prepared bb th►e City Planner, shalt be served by ifs deposit in the municipality, Fro adydressed with postage aid, in United States mail and shall be given no later than perly ten (10) days prior to the dale set for the public hearing. Notification, as prepared by the City planner, shall also be iven by the City Secretary by publication in a local newspaper of general circulation A least fifteen (13) days pnor to the date set for the public hearing. (As amended by Ordinance No. 2285 dated December 11, 1997) The City Council shall hold a public hearing to consider the appeal and shall uphold the decision of the Commission as it was passed, overturn the decision of the Commission in its entirety or remand the case back to the Commission for reconsideration of certain and specific points. M of 14.3 RECORDING One (1) copy of an approved Use Permit shall be given to the owner of the property, and one (1) copy shall be filed in the office of the City Planner. 14.4 DEVELOPMENT Following the issuance of a Use Permit, the Zoning Official shall insure that if the development is undertaken it is completed in compliance with said permit; If the Buildin Permit has not been issued by the Building Official to the development within twelve (M- months after the date granted, the Use Permit is automatically canceled. The Zoning Official, upon approval by the City Planner, may extend the Use Permit for up to one (1) additional six- month period upon written request from the applicant, which must be received before the date of cancellation. Zoning Ordinance h' Page 14 - 2 Brndgette George - New Development Pale 1 From: Jennifer Reeves To: Bridgette George Date: 11/16/99 3:16PM Subject: New Development Week of 11/15/99 Northgate Center: (99-730) Developer installs conduit per city spec and design. Developer provides 30' rigid pipe for riser. Note: We only have single phase service available to this site,120/240. We will need load information as soon as possible, and a digital site plan. Spencer's Cove: (99-253) No Comment. The Business Center at College Station: (99-248) No Comment. Stata Corporation: (99-450) Developer installs conduit per city spec & design. Developer responsible for extending 2-4" conduit to existing property line or future road.We will need load information as soon as possible and a digital site plan. Precision Tune: (99-452) Developer installs conduit per city spec & design. We will need load information and digital site plan. Campus Park Phase 1-A: (99-252) Developer installs conduit per city spec & design. Existing street light to be relocated at developer's cost. Campus Park Phase 1-A: (99-505) Developer installs conduit per city spec & design. Existing street light to be relocated at developer's cost. Bridgette George - Re: New development Week of 11/15/99 Page 1 From: Pete Caler To: Bridgette George Date: 11 /19/99 3:41 PM Subject: Re: New development Week of 11/15/99 V Northgate Center- They will need to use the Northgate Compactor, so we are OK with this one. Spencer's Cove- OK The Business Center at College Station -OK Stata Corporation--OK Precision Tune -OK Campus-Park Phase 1-A -This one is a major problem. Looking at the plan I see no area for the residents to place their waste containers out for collection. Pete Caler Sanitation Division City of College Station (409) 764-3690 cp alerO-ci college-station tx us CC: Mark Smith I . N ~ 'c b Nom. ~ X 4 Q f ~ m U , WATER NEW STREET LIGHT TO MATCH EXIST. 1°ERIOD LIGHT f 1XTURES Z -E-AST. RAMP `Q 5`y'ORM WATER in r INLET tfi `Q tU Q EMOVE EXIST. GONG. INSIDE PROPERTY LINE, a ' I AND PROVIDE NEW V BRICK PAVERS n a. r PROJECT LOCATION TEXA5 UNIVER VIC NIT1r MAP STORM WATER INLET OWNER: A4M METE (VACANT ZONING: N(5-1 •;P 7 fy .p{F~ k ~,4` ~ .~3n+i`.; T ~ +K 7' 7 ] i f'V'► a ...i`0.. ~"4 %'1. 'iRO L, ~ •ia - ~ ~ ~ ta. s 1. _ _ Nil C-'~~,\e Foy a rrsC,~\ ..q C.~~c~v1~" No1r : S'~ rc~1e Ph ~4p1 0~'1• e~ J Yct (i Q heO~w Ncl 5LA5 Move] OMER: ROBERT i ZONING: NC-1 1 AGENDA Northgate Revitalization Board Review Subcommittee CITY OF COLLEGE STATION, TEXAS City Hall Training Room Wednesday, December 1, 1999 9:00 A.M. 7heNorth-9,ate Center.- Discussion and consideration of parking and traffic issues for a night club to be located in an existing building at 301 College Main, previously Twin City Mission in Northgate. [99-730) E-ZMdif.' Discussion and consideration of a mural painted on a building located at 301 University Drive in Northgate. (99-453) This building is wheelchair accessible. Handicapped parking spaces are available. Any request for sign interpretive services must be made 48 hours before the meeting. To make arrangements call 409-764- 3547 or (TDD) 1-800-735-2989. -r TEXAS A&M UNIVERSITY kt,o 4 miii.SrG~ ? dj'4o-` Q W L6 Department of Civil Engineering Harry L. Jones, Ph.D., P.E. Associate Professor College;t(,,r,o,, `exas 17843 3:36 (409) 8454304 FAX ,409) 845-6554 -Maa HLJI I lbaACS T4MO EDU COLLEGE STATION P. O. Box 9960 1101 Texas Avenue College Station, TX 77842 Tel: 409 764 3500 May 5, 2000 A&M United Methodist Church 417 University Dr. College Station, Texas 77840 Dear Church Representatives, 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, ssica Jimm n Staff Planner cc: Harry Jones, Chair Board of Trustees Home of Texas A&M University "Relating people to the Living God through Jesus Christ" 41 7 University Drive College Station, Texas 77840-1375 Office: 409-846-8731 A & M Fax: 409-846-3387 United Methodist Church E-mail: arnumc@myriad.net May 19, 2000 Dear Ms. Jimmerson, 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, 6d-'~ 7~ Carol Patton Office Manager M AY 19 2000 "Relating people to the Living God through Jesus Christ" A&M United Methodist Church May 19, 2000 Dear Ms. Jimmerson, 417 University Drive College Station, Texas 77840-1375 Office: 409-846-8731 Fax: 409-846-3387 E-mail: amumc@myriad.net MAY 19 2000 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 daily 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 100 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 grades), 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 June 23- 2000 A&M United Methodist Church 417 University Dr. College Station_ Texas 77940 Dear Church Representatives Thank you for returning the information previously requested in regards to the usage of your Family Life Center. As you are aware we are 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 would like to request additional information from you. Our Code of Ordinances, Section 13.D.1. defines a church 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. We will need to determine the principal use of the Family Life Center. Over the course of the previous 12 months, what has the building been used for and what is the frequency of each use? We will also need to determine which of those activities constitute worship. Our Ordinances do not define worship; therefore we use the common understanding of the term. Your letters state that several worship services take place in the Family Life Center. Please give a detailed explanation of the activities that take place during these gatherings. Please be aware that case law has determined that the doors to rooms used for Sunday school type activities are only to be considered if the rooms are physically attached to the sanctuary. That leads us to believe that Sunday school type activities alone do not constitute worship. We would appreciate a response from an official of the church. If you have any questions, please call 764-3570. Sincerely, Jessica Jimmerson Staff Planner J file a false report, such person shall be deemed guilty of a misdemeanor and upon conviction be punished by a fine pursuant to the General Penalty set out in Chapter 1, 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. (Ordinance No. 2030 of September 9, 1993) (2) Tax Assessments If the operators of any hotel shall fail to file a report for any period as required by this section, or shall fail 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. (Ordinance No. 1009 of March 11, 1976) G. EFFECTIVE DATE This section shall be and become effective on and after October 1, 1973. (Ordinance No. 892 of September 13, 1973) SECTION 12: OFFICIAL NEWSPAPER The Bryan-College Station Daily Eagle, a newspaper of general circulation throughout the City of College Station, Texas, published in Bryan, Texas, is hereby designated as the official newspaper of the City of College Station, Texas. (Ordinance No. 478 of August 23, 1966) 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 105 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 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 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 alcoholic 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 1:15 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. 1673 of August 28, 1986) Rev. 2199 1-6 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 subdivision or agency thereof. (2) Sales of Alcoholic Beverages 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 to be along the property lines of the street fronts and from front door to front door, and then direct line across 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, 1983) (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 ordinances, 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. 1619 of October 24, 1986) E. Penalty A violation of this section shall constitute a misdemeanor and upon conviction thereof shall be punishable by a fine pursuant to the General Penalty set out in Chapter 1, Section 5, of this Code of Ordinances. (Ordinance No. 2030 of September 9, 1993) Rev. 4198 1-7 O I~ J' N N R° 9 S7 ~n a CW Q r' ~1~77 N m c~ m r ~ r CD . cn ~ nn p ~ 6 W ro J p, 0 0 O Q~ n, O ~ r Q]i L a ~ o a t Q x u cr -80. eo ~n C7 GQ y ago- o a ,rc va fy w A.. cn P. P o CD Cn ~ro W~~w ~CD C(D m 0 0 37( G rn o ~ gr..1 cn~i G;o rn v Q. o n. p Per G UP R I° 2 ao ro c~r O'w ~L ~ P o cn k'. Etr I C- ~ro 0- W~ cb A n~~ CD (D ~ W Z-0 U (0 (D [7 w (n G ^ `v T F~ (D . ° R. rn (D ofD C3 V (D per' <D CD ~I o~ cn cv co cL ~ w m m d LM ill,l y W ~ ~ tj O s rp rD O r~ ID S fD r °o t~ yw Q 110, ro 17, o cr CD 0 CD CL~an r R. 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W CS A ~ C L/lltp Py ro ~ P;A, y CD e. l V ~ ppr, b A N :S ep gg M ro` ~A a ww~ ro A cD ~J R~ p+ b ~ o gc 0SpH yt {pp~~" (~by w cg Ao~ ID ro Q n~ Q C- C) Q mm ro co) T ti 0 Cc) cr) CD CD C- cn '0 o o = CD- CD D cf) CD O a) C 'D CC) p O =tz o E3 O C0 Zi~ n Er 'ON Xb a G,. ~ ~ Q' a ; ~ t~ p. O ;:go d3 N CD . 54w \V 0 06 Vag :4 CD ts Sao 0 p, U) CA p.p CD RbNrD CA>> ~-/i~~ a A .C N cn LT e+ h ~p jU N A, 'IIY~ A •O N r► A G (A aq A O r; o A A rLm n 0 p ~ti ~s rn R `rL 'aOn Ynn}l iiju u m CD U) R 9 <o m zV G1 J v i y nn-pi-unr l;.X11161'i: 2 - WORSHIP SERVICES I lt~f .O AT A&M UNITED MET] IODIST CHURCH CHURCFI SANCTUARY Sunday Worship, 9;00 a.m. and 11:00 a.m. Sunday School Kindergarten - Grade 3 Children's Voice Choirs (Pre-K - 6`h Gradc) Children's Chimes Choir (3d-0 Grade) Chancel Choir (College and Adult) University Choir (Students Only) Youth Sing (Grades 7-12) Children's Choir #1 (4 yrs.-Grade 2) 42 (Grades 3-6) Children's Hells (CamdeLs 3-6) Coventry Hells (Bcs. Adult/latcrmcdiate) Canterbury Bells (Advanced Adult) 9:00 a.m. 5:45-6:30 p.m. 5:00-5:45 p.in. 7:00 p.m. Wed. 5:30 p.m. Thurs. 6:15 p.nL Sun. 5:00 p.m. Sun. 5:45 p.m. Sun. 6:00 p.m. Tues. 7:00 p.m. Tues. 417 University Drive Room 221 Parlor/Choir Room Choir Room Choir Room Choir Room Choir Room Choir (Zoom Choir Room Choir Room Choir Roorn WE.Vt f ,,Y FOUNDATION" * It is noted in the Church's literature that the Wesley Founda[ion does have an established Sanctuary, Fellowship Hall, Kitehcn, Sand Volleyball Court, T.V. Lounge, Pool Table and Study Roont. Sunda Worship 7:00 p.m. Sunday School Cornerstone (Working Grad Students/Young Adults) Open Arms Class (30-sontcthing singles/COUPIcs) Cane As You Arc. (Career couples w/children) Opcn Door Class (Couples/Singles w/teenagers) Lost and Found Class (Contemporary Events) Quust Class (inter-generational) Cioldcn Rule Class (Adult social/volunteer) Dogs Class (Maturcllectures) Bible S[udy-GL~ ups Women's Bible Study Branrlcn Chapel Room 207 9:45 a.m. Room 113 9:15 a.m. Room 211 9:15 a.m. Roon12O4 9:45 a.m. Room 209 9:15 a.m. Room 210 9:45 a.m. Fellowship I1all 9:45 a.m. Room 117 9:45 a.m. Library. 1:30-2:30 p.m. every Thursday ) n RRnp. Pqq Pi A nm YPj IXYM ar_Unr Disciple Bible Study Christian 13clicvcr Study Wcckly F.yCnts Sunday Mon&ay-Friday Wednesday Thursday Friday Other Crossbound Choir Dinner Worship Lunch Bible Study Dinner Worship Fish Care Group Transrcr Csrc Group Recreation D.M.A. (Don't Mention Age) Varics, Begins in September Varies, Begins in September/30 Weeks 4:45 p.m. 6:00 p.m. 7:00 p.m 12:30 p.nt 6:00 p.m. 7:00 p. in. 7:00 p.m. 7:00 p.m. Nighttime Fellowship Hall, I" Wednesday each Month. Lunch at 11:30 a.nt. FAMILYLIFE CENTER Parents & Kids 1'laygoup - Fvery Thursday morning parents and kids have playtime. "A great way to meet other parents in the church while the children play together." 10:00- 11:30 a.m. J.C. Club - (Spring) Feb. 6, 17-18; Mar. 5, 19; Apr. 2, 16, 30; May 7, 19 3:00 p.m. A parent-sponsored program for 5-6'h graders that pronimes service: to others. This year they will make playground improvcmcr►ts to the FLC, sponsor rood drives, go on mission trips, etc. Children Nursery (Sunday) Suite, 106 a/b 8:45-12:15 p.m. 2 yrs. Room 104 9:45-10:45 a. m. 3-4yrs. Room 102 9:45-10:45 a..n-. 5-6 yrs. Room 102 9:45-10:45 a.m. Grade 1 Room 201 9:45-10:45 am-i. Grade 2 Room 204 9:45-10:45 a.m. Grade 3-4 Roo in 206 9:45-10.45 a.m. tirade 5 Room 210 9:45-10:45 a.m. Grade 6 Room 211 9:45-10:45 a.m. AO 1~ unp, rqq 71R rN uH4 'a11nr) Nnnwiiil.i kin r Juric 18, 2000 City of College Station P.O. Box 9960 1101 Texas Avenue College Station, Texas 77842 To: Sabine Kuenzel, Senior Planner Jessica Jimmerson, Staff Planner FAXED TO: 979-764-3496 Re: Alcohol Beverage Permit Application for 301 College Main (a.ka. ?he Grotto) I would like to thank you both for our meeting of June 13, wherein the City's current position on our application for an alcohol beverage permit at 301 College Main (a.k.a. The (grotto) was explained. As I understand from Meredith Ladd (Assistant City Attorney), now complimented by the Plruzning and Zoning; (P&Z) department's assessment, them; is no question of legality involved to prohibit the endorsement of our license. Rather, what you told me is that P&Z is investigating the `factual' issues of proximity of our location to that of the A&M United Methodist Church's `Family Life Center' (FIX). While in town over the past week, I had the opportunity to observe the FLC (luring the clay and evening. At no time during the week was the FLC used to observe religious or ceremonial functions. Furtherznore, there are no signs of the Church having relocated their sanctuary in either the gymnasium, kitchen or classrooms, which make-up the FLC. Any such change had to happen no later than April 1999, according to the City's own ordinance (oc•cl. 1430. Sec. D, sub. t), ill order for the Church to have an objection to our application. As this ordinance defines a church as: A building used principally Cor religious worship and in w)►ich pci sons assemble avid c ongcgate to worship at least once each week and which is owned by such congregation or peraons or leased by such congregation for a period of more than one year. The wording of this ordinance is both direct and clear. The FLC must meet all of the standards set forth in purpose, in application of duty, and for a set time period. The FLC has not and does not meet the wording of this ordinance point for point. To better outline this, lc:t us break down the qualifications: 1.) Is the FLC used principally for religious worship? No. It is a gymtklsium, kitcheri and classroom facility for functions not a.hzady ha,-Id at the sanctuary, the Wesley Foundation or the church of:ic(-,s. Perhaps Lhere is a grM deal of what can be argued as worship occurring; at the 11,C, but no more or less than can be hod in rtny other location, public or private. 7.n 'a RRn7 Pqq ?)A rki ywi 1.1341) vnnva-T-Trir iu 7,;.cn anti nn_aT_hinr 2.) Igo people assemble and congregate at least once each week at the FLC? No. Attached, is an extensive list of worship services held by the Church, citing all the locations, tunes, and contexts of said services, as any citizen might obtain in the form of a "Newcomer's Packet" located in the lobby of the sanctuary at 417 University Drive. Again, perhaps there are activities held at the FLC on a periodic basis by members of the Church, but none of them indicate use of the FLC as having been converted to a sanctuary. 3.) Is the FLC owned by the congregation or persons or has it been leased by such congregation for a period of more than one year? Ycs. 'lhc Church, to the best of my knowledge, has owned the FLC for at least one year. However, this point is not exclusive and does not singly demonstrate that ownership substantiates other claims made by the Church. Although we have invited representatives of the City and the Church on numerous occasions to tour the FLC and our property at 301 College Main, such requests for first-hand verification of these claims have been refused. It has come to our attention that the Baptist Student Center has contracted for their mernbers to occupy the FLC until their new facility is constructed. Their current site on College Main will be demolished next month, and completion of the new facility is slated for next year. In a somewhat unrelated meeting with Mayor Mellhancy on June 15, Bob Mayfield verified this particular usage of the FLC. I asked him if he was currently using the FLC, to which he replied yes. I suggest you contact him directly if need be. There were some eleven attendees who can verify this statement, including myself. Also, on January 23, 1997, The Eagle published a front-page story regarding the granting of'fexadelphia's alcohol beverage permit.2 Brazos County Judge Al Jones was quoted as follows: I'm not making a moral judgment, I m concerned with whether it is legally sound. Failing to find any negative impact from the city of College Station, 1 will sign off on the license. It appears since Judge Jones will focus on the legality of our application, and as the City has already concluded there is no legal point at issue, there is little more to debate. Nevertheless, I find it important to cite wherein the same article Roxanne Nemcik (acting city attorney at the time) verified the FLC is riot "primarily" used as a place of worship, so it's front door can legally be within 300 feet of (Texadelphia's) front door. What has changed in that time? Why is it the Church has any claim on our restaurant, which is located almost twice as far away? As it stands, city ordinance (ord. 1619, Sm n, sub. 4) also requires an answer be given from the City Secretary in ten (10) days fronn the date of our application. To date, our application has been in the City's hands for some sixty (60) days. At first, two non-binding letters of reply appeared from the Church, neither of which contained a legitimate claim for denial of our application. Now, the City has sent a follow-up letter requesting clarification of the Church's use of the FLC. The Church has out-and-out refused to respond or meet with the City. Instead, they plan to send one of their architects to explain their vision of what they plan to develop in Northgate. Again, this will prove non-binding Pn and irresolute... not to mention serving as yet another diversionary tactic. What are we to do? Lock our respective architects in a room to battle each other with slide nines? The point of how this matter has evolved into an adversarial matter was neither necessary nor desired. We would request the City sign our application immediately, or we shall seek an injunction from Judge Jones to require the City to act. As previously stated, we do not desire to initiate legal action over such a clear- cut issue, but we are posed with no other choice. Where do we go from here? We have lost a. great deal of time and money, and are facing potential damage to our restaurant's reputation over this matter. Thcre will be some one million dollars ($1,000,000.00) invested at 301 College Main. We can neither delay the future of Northgate, nor defer this application any further. If any parry believes they have a legitimate and legal claim, they can post bond and present their issues at the county courthouse. We do not feel we need to pursue any additional critiquing of our application. Therefore, we expect the Cily to take action now to endorse our application and allow us to proceed with the many stages of development necessary to successfully build, open and operate our restaurant. I look fonvard to your calling me at the number below upon receipt and review of this letter, so that a date and time can be arranged for the City Secretary to sign our application. Thank you once again for your consideration in this matter. Truly yours, ChrisLopher avid Foy 11.0. Box 701621 Dallas, Texas 75370 (972) 492-3420 Aicuchrnenfs fin A Rpn? Poo ?IR 'nki vw4 aunn vnnuol im its n7-cn tioii nn_at_ktnr qq-15D FACSIMILE TRANSMITTAL SHEET ~~..~w~ ~,~~•r--_~~:._.z-:ter--~,~-~~----~ FROM Sabine Kimmel, Senior Planner Cluistopher Foy COMPANY. DATE: _ ~ Planning & "Zoning 06/19/00 FAX GWRER: TOTAL NO. OF PAGES INCLUDING COYER: Y 979-764-3496 8 pages PHONE NUMBER: SLNDL••R'S REPLRLNC L NUMBLR: 979-764-3510 RF.: YOUR REFERENCE NUMB FR: 301 College Main, (The Grotto) ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTFS/GOMMFNTS: If you do not receive all pages of this fix, please call (972) 663-2046. Thank you. (CLICK HERE AND TYPE RETURN ADDRESS] in 'A Apn;, CQQ 71R nhi vp4 '=)r) vnnua-I'1 T I I HJ T7.f'n Afnfl nn-at-mr, February 15, 2000 City Council of College Station Re: Appeal of the conditional use permit for a nightclub at College Main and Church Avenue Dear Council Members: Thank you for hearing my appeal of the above conditional use permit. I have filed it as a member of the congregation of A&M United Methodist Church and it's my belief that P&Z erred in issuing the permit because they failed to recognize it is "...substantially injurious to neighboring property, " namely A&M United Methodist Church. The Church's Education Building is located on the southeast corner of College Main and Church Avenue, diagggally across the irttersection from the site, which may now function as a nightclub. This building houses a school which is in operation five days a week, the youth activities of the church, the local Young Life offices, local Family Outreach offices, and the congregation's Family Life Center, the meeting room where most all- church activities are held. As a major hub for the local, university, and international student communities, this build hosts a variety of meetings and events that take place primarily during evening hours. The noise from a live band on the upper deck of the permitted building will be a major disruption to those activities, as you can well imagine. This is especially true in regards to weddings, wedding receptions, rehearsal dinners, weekly youth Bible studies, weekly Cub Scout and Boy Scout meetings, and the many other opportunities that the congregation seeks to house as a community anchor in the Northgate. A continuing concern for us is what an additional food and entertainment establishment contributes to the already unauthorized evening use of our grounds and parking areas by patrons of other Northgate bars and restaurants. While we seek to cooperate with our business neighbors in the community, it is not the priority of the congregation to subsidize these establishments with our parking areas, especially when the areas are already receiving heavy weekend use by ministries of the congregation (sixty four weddings and rehearsals in the last twelve months alone, along with some 150+ after- dark meetings and community events on Thursday evenings in the last year). Even before the establishment of the proposed nightclub, A&M United Methodist Church is already in the position of trying to block access because of problems with litter, vandalism and disrespectful behavior by some of these patrons. In a recent Thursday through Saturday time period alone, trash collected off the church grounds and parking lots averaged 35 pounds per evening. Much of this trash includes glass and metal can containers, contrary to clearly established legal prohibitions by the city. Removal of trespassing vehicles is a weekly event, despite present Northgate parking areas and despite clearly marked signs throughout A&M United Methodist Church parking lots warning of such consequences. Given that this is the current state of affairs with the nearest entertainment and eating establishment being several blocks away, both the predicted impact to our property and our concern for that impact grows exponentially with the establishment of another such business across the street from our property line. A&M United Methodist Church will soon be undertaking renovations that have been estimated to cost over 6 million dollars - approximately 15% of the $40 million total slated for the Northgate. Included in this plan are additional surface parking lots on our property north of Church Ave. These are intended to provide much needed close in parking for our renovated/reconstructed education building. During evening activities, these lots are needed for our membership, but history shows us that they will become the destination of nightclub patrons across the street. We do not believe the Northgate Parking Garage will significantly change this situation. In terms of the city code, therefore, we see this situation as "-substantially injurious to neighboring property." A&M United Methodist Church has made a commitment to remain in Northgate. We understand the need for new businesses to revitalize this area. There needs to be, however, some sensible separation of activities when history and experience show that the potential for substantial conflict exists. Putting a nightclub across the street from a church is not in the best interest of either enterprise. Please imagine the,chuwh you attend being put in this situation and act accordingly. ly w I rry! 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