From
Chris Hartmann
Title
AV191101 - Alcohol Variance - Genghis Grill (City Council District 2). Alcohol Variance request by Genghis Grill, for alcohol sales within 300 feet of Moore Elementary School, located at 3148 S Hwy 161, Suite 420. Legally described as Lot 1R, Block A, Epic West Towne Crossing Ph 1, City of Grand Prairie, Dallas County, Texas, zoned PD-364.
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Consideration of a request for approval of a variance authorizing the sale of alcoholic beverages on Lot 1R, Block A, Epic West Towne Crossing Phase 1, located at 3148 South State Highway 161, Suite 420, zoned “PD-364” Planned Development 364 District for on-premise consumption within three-hundred (300) feet of Moore Elementary School, a public education institution located in Council District 2. The applicant is Genghis Grill.
BACKGROUND INFORMATION:
Title 4, Chapter 109, Subchapter B, §109.33(e) authorizes municipalities to establish a variance process if it is determined that the 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 city council, 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.
The applicant is seeking their first alcohol permit for the Genghis Grill that will be located in the Epic West Town Crossing shopping center. Alcohol has not previously been sold at this location and the applicant intends to sell beer, wine and mixed drinks, for on-premise consumption. Currently, the sale of alcoholic beverages at the subject property will violate Title 4, Chapter 109, Subchapter B, §109.33(a)(1) of the Texas Alcoholic Beverage Code. The applicant is requesting a variance to allow the off-premise sale of alcohol within three hundred (300) feet of Moore Elementary School, which is accredited and recognized by the Texas Commission of Education. As part of the Epic West development, Genghis Grill shares a property line with the school.
ALTERNATIVES:
The City may approve the requested variance, or decline approval of the requested variance, for the sale of alcohol for on-premise consumption at the Genghis Grill, 3148 South State Highway 161 Suite 420.
STAFF ANALYSIS:
The analysis includes the following findings and factors:
1. The distance from the parcel of which the convenience store will be located.
2. The sale of alcohol is for on-premise consumption only.
Should City Council choose to waive the distance requirement provision, staff recommends the following conditions:
1) That the sale of alcoholic beverages be limited to Genghis Grill.
2) Alcohol sales will include beer, wine and Mixed Drinks for on-premises consumption only.
3) That the authorization for the sale of alcoholic beverages shall not transfer to different land uses or owners.
4) That such authorization shall terminate in the event of non-operation or non-use of the identified establishments for a period of twelve (12) or more successive months.
5) Alcohol shall not be served after 11 pm.
6) The sale of alcohol equal to or exceeding 75% alcohol sales will require a Specific Use Permit.