26-2659: Ordinance - An Ordinance of the City Council of the City of Mansfield, Texas, Considering a Request by Blazing Hospitality, LLC for a Variance to the Minimum Distance Requirements for the Sale of Alcoholic Beverages for On-Premise Consumption on Approximately 2.927 Acres Located at 2041 and 2081 E. Broad Street and Described as Lots 1 and 3, Block 1, Hunters Pointe Broad Street Addition

Staff Report & Agenda Item Details

The applicant, Blazing Hospitality, has submitted a request for a variance from the alcohol distance requirements of Section 155.099(21) of the Mansfield Code of Ordinances in connection with the proposed development of a Gloria's Latin Cuisine restaurant. The subject property consists of Lots 1 and 3, Block 1 of the Hunters Pointe Broad Street Addition and is currently vacant. The applicant intends to develop and operate a full-service Gloria's Latin Cuisine restaurant on the property. As part of the restaurant's operations, Gloria's intends to obtain the appropriate on-premise permit from the Texas Alcoholic Beverage Commission (TABC), together with a Food and Beverage Certificate, to allow the sale and service of alcoholic beverages in conjunction with the restaurant's food-service operations. Section 155.099(21)(c) prohibits the sale of alcoholic beverages by an establishment located within 300 feet of a church, public or private school, or public hospital. For a public or private school, the required distance is measured in a direct line from the property line of the school to the property line of the establishment where alcoholic beverages are sold. The subject property is within 300 feet of the Mansfield ISD property containing the Willie Brown Academy of Young Scholars campus. The closest property-line-to-property-line distance is approximately 164.48 feet. Therefore, the proposed restaurant does not comply with the minimum distance requirement without approval of a variance. SITE CONDITIONS Although the subject property and school property are approximately 164.48 feet apart at their closest points, there is no direct pedestrian or vehicular connection between the proposed restaurant property and the school campus. A fence along the school property line prevents direct pedestrian access between the properties. A pedestrian traveling between the school campus and the proposed restaurant property would instead need to travel along Cannon Drive and the E. Broa

This motion is scored as EXPANDS_GOVERNMENT (Impact Weight: 7.6/10). Under the Bastiat Liberty Watchdog Index, measures that increase tax rates or fee schedules, issue new debt or Certificates of Obligation, expand regulatory/zoning restrictions on private land use, or authorize unbudgeted spending expansions reduce an official's Freedom Score when voted YES (and reward dissenting NO votes).