STRATEGIC PRIORITY: Economic Development
AGENDA DATE: August 28, 2024
COUNCIL DISTRICT(S): 1
DEPARTMENT: Department of Planning and Development
EXECUTIVE: Robin Bentley
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SUBJECT
Title
A public hearing on an application for and a resolution granting a variance to the alcohol spacing requirements from a public school (James S. Hogg Elementary School) as required by Section 6-4 of the Dallas City Code to allow a mixed beverage permit pursuant to Chapter 28 of the Texas Alcoholic Beverage Code, for a restaurant without drive-in or drive-through service with a food and beverage certificate (Chef Luke Rogers LLC - DBA Swank - A Neighborhood Restaurant) on the west line of North Beckley Avenue, between North Madison Avenue and Eldorado Avenue - AV234-002 - Financing: No cost consideration to the City
Body
BACKGROUND
Section 6-4 of Chapter 6, “Alcoholic Beverages,” of the Dallas City Code allows Council to grant a variance from the usual spacing required between an alcohol business and a protected use. The usual spacing requirement between the place of business where alcoholic beverages are sold and a public school is 300 feet, measured in a direct line from the property line of the public school to the property line of the place of business.
The standard for approval of the variance is that:
A. the application is for one of the following permits pursuant to the following chapters of the Texas Alcoholic Beverage Code:
(i) a brewer’s permit, Chapter 12;
(ii) a distiller’s and rectifier’s permit, Chapter 14;
(iii) a winery permit, Chapter 16;
(iv) a wine and beer retailer’s permit, Chapter 25;
(v) a wine and beer retailer’s off-premise permit, Chapter 26;
(vi) a mixed beverage permit with a food and beverage certificate, Chapter 28; or
(vii) a manufacturer’s license, Chapter 62.
B. the application is for one of the following land uses:
(i) general merchandise or food store use with 10,000 square feet or more of floor area
(ii) restaurant without drive-in or drive-through service with a food and beverage certificate pursuant to the Texas Alcoholic Beverage Code;
(iii) alcoholic beverage establishment limited to a microbrewery, microdistillery, or winery; or
(iv) alcoholic beverage manufacturing.
C. alcoholic beverages will not be sold by drive-in or drive-through service; and
D. enforcement of the spacing requirements in this particular instance:
(i) is not in the best interest of the public;
(ii) constitutes waste or inefficient use of land or other resources;
(iii) creates an undue hardship on an applicant for an alcohol permit;
(iv) does not serve its intended purpose;
(v) is not effective or necessary; or
(vi) for any other reason that 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.
A complete [corrected] application for a waiver of the spacing requirements was submitted on July 18, 2024, by Chef Luke Rogers LLC (DBA Swank - A Neighborhood Restaurant), represented by Warren Cohen. James S. Hogg Elementary School - a public school on property bounded by North Madison Avenue, Ballard Avenue, Elsbeth Street, and Neches Street - creates the need for the variance.
Both the request site and the site of the protected use are located within Planned Development District (PD) No. 468, the Oak Cliff Gateway Special Purpose District. The request site is zoned Subdistrict D - Walkable Urban Mixed Use 5 (WMU-5) within the PD and is developed with a restaurant without drive-in or drive-through service. The school is zoned Subdistrict A - Residential Transition (RTN) within the PD and is located across Ballard Street to the west of the [back of] request site. The entrance to the school is on the north side of the property facing North Madison Avenue, and the entrance to the restaurant is on the east side of the property facing North Beckley Avenue. There is a row of single-family homes between the back of the restaurant and the back/side of the school. Staff has no objection to this request.
This item requires two seconds to pass.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On November 9, 2009, the City Council authorized an ordinance amending Section 6-4 of Chapter 6 of the Dallas City Code, establishing authority and procedures for City Council to grant an application for a variance to the spacing requirements for an alcohol business from a public or private school pursuant to Texas Alcoholic Beverage Code Section 109.33(e), by Resolution No. 09-2831; Ordinance No 27747.
On October 26, 2011, September 26, 2012, and January 22, 2014, the City Council authorized an ordinance amending Section 6-4 of Chapter 6 of the Dallas City Code to amend the standards for approval of applications for variances from the spacing requirements for alcohol permits by Ordinance Nos. 28444, 28799, and 29261.
FISCAL INFORMATION
No cost consideration to the City.
OWNER
Chef Luke Rogers, LLC - DBA Swank
Luke Rogers, Managing Member
Geniselys Smith, Managing Member
Beckley Properties, Ltd (Landlord)
Maghag 1, Inc. , General Partner
Robert Stimson, Director, President Director
Joseph McElroy, Director, Vice President
Richard Patten, Stockholder
MAP
Attached