STRATEGIC PRIORITY: Economic Development
AGENDA DATE: December 13, 2023
COUNCIL DISTRICT(S): 14
DEPARTMENT: Department of Planning and Urban Design
EXECUTIVE: Majed Al-Ghafry
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SUBJECT
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A public hearing on an application for and a resolution granting a variance to the alcohol spacing requirements from a public school, Solar Preparatory School for Boys at John F. Kennedy Learning Center, 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 [Plomo Quesadilla McMillan, LLC] on the east corner of McMillan Avenue and Henderson Avenue - AV234-001 - Financing: No cost consideration to the City
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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 is 300 feet 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.
An application for a waiver of the spacing requirements was submitted on October 16, 2023, by Plomo Quesadilla McMillan, LLC. Solar Preparatory School for Boys at John F. Kennedy Learning Center, a public school located to the southeast of the request site, creates the need for the variance.
The request site, zoned Subdistrict 5 within Planned Development District No. 462, Henderson Avenue Special Purpose District, is developed with a retail center. The restaurant is locating in the far northwest corner of the retail center. The public school is located across Henderson Avenue to the southeast of the request site. The school entrance is on the south side of the school property facing Moser Avenue and the perimeter of the school property is fenced. While the 300 feet required spacing from a public school is measured from the property line of the public school to the property line of the place of business, the walking distance, measured door-to-door from the entrance of Solar Preparatory School for Boys at John F. Kennedy Learning Center to the entrance of the restaurant is approximately 1,011 feet. Due to the restaurant’s location being in the northwest portion of the retail center with the walking distance being over 1,000 feet around the perimeter of the school and across Henderson Avenue, 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 approved 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 and Ordinance No. 27747.
On October 26, 2011, 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 Resolution No. 11-2856 and Ordinance No. 28444.
On September 26, 2012, 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 Resolution No. 12-2386 and Ordinance No. 28799.
On 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, Resolution No. 14-0251 and Ordinance No. 29261.
FISCAL INFORMATION
No cost consideration to the City.
OWNER
Plomo Quesadilla McMillan LLC
Omar Kasim, President
Henderson Avenue Main Owner LLC
Kenneth F. Bernstein, President
John Gottfried, Executive Vice President/Treasurer
Jason Blacksberg, Executive Vice President/Secretary
Richard Hartmann, Senior Vice President/Assistant Secretary
Alexander Levine, Senior Vice President
Heather Moore, Assistant Secretary
Denise Bain, Authorized Signatory for Tax Matters Only including Property Tax Assessments and Appeals
Grant Gheer, Authorized Signatory for Construction and Property Management Matters Only
Mark O’Connor, Authorized Signatory for Construction and Property Management Matters Only
MAP
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