From
Chris Hartmann
Title
AV190401 - Alcohol Variance - Warrior Mart (City Council District 3). Variance request by Warrior Mart, located at 3202 Corn Valley Road, due to being within 300 ft. of South Grand Prairie High School property line. TR 22, ACS 0.3207, City of Grand Prairie, Dallas County, Texas.
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Consideration of a request granting a variance to authorize the sale of alcoholic beverages on TR 22 ACS 0.3207, James Ferguson Abstract, located at 3202 Corn Valley Drive, zoned “GR” General Retail for off-premise consumption within three-hundred (300) feet of South Grand Prairie High School, a public education institution located in Council District 3. The applicant is Yvette J. Kent, Jewell Management, LLC/owned by Bayati Group, INC. South Grand Prairie High School was contacted on 2/27/2019 and has not responded. The Grand Prairie Police Department submitted a letter, and are recommending denial.
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 Warrior Mart Convenience store that has been in operation since 1983. Alcohol has not previously been sold at this location and the applicant intends to sell beer and wine for off-premise consumption. Currently, the sale of alcoholic beverages at 3202 Corn Valley Road 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 South Grand Prairie High School, which is accredited and recognized by the Texas Commission of Education. The distance between Warrior Mart and the school property is approximately 73 feet from property line to property line. Article II of the Unified Development Code gives City Council the authority to approve, or deny alcohol variances.
ALTERNATIVES:
The City may opt not to grant the requested variance, prohibiting the sale of alcohol for off-premise consumption at the Warrior Mart Store, located at 3202 Corn Valley Road.
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 off-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 the convenience store.
2) Alcohol sales will include beer and wine for off-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) The hours of operation shall be limited to 6:00AM to 11:00PM, daily.