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Trader Joes

Trader Joes

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Published by DanKoller3
This document is an excerpt from the agenda for Aug. 14, 2013, meeting of the Dallas City Council. It is about Trader Joe's request for a variance to the rules regarding alcohol sales near schools. In this case, the school is Longfellow Middle School, which is directly south of Inwood Village.
This document is an excerpt from the agenda for Aug. 14, 2013, meeting of the Dallas City Council. It is about Trader Joe's request for a variance to the rules regarding alcohol sales near schools. In this case, the school is Longfellow Middle School, which is directly south of Inwood Village.

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Published by: DanKoller3 on Aug 05, 2013
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 AGENDA ITEM # 101KEY FOCUS AREA:
Economic Vibrancy
 AGENDA DATE:
August 14, 2013
COUNCIL DISTRICT(S):
13
DEPARTMENT:
Sustainable Development and Construction
CMO:
 Theresa O’Donnell, 671-9293
MAPSCO:
34 D
________________________________________________________________
SUBJECT
A public hearing on an application for and a resolution granting a variance to the alcoholspacing requirements from the Henry W. Longfellow Middle School required by Section6-4 of the Dallas City Code to allow a wine and beer retailer’s off-premise permit for ageneral merchandise or food store greater than 10,000 square feet [Trader Joe’s] onproperty on the southwest corner of Lovers Lane and Greenway Boulevard – Financing:No cost consideration to the City
BACKGROUND
Section 6-4 of Chapter 6, “Alcoholic Beverages,” of the Dallas City Code allows Councilto grant a variance from the usual spacing required between an alcohol business and aprotected use. The usual spacing requirement is 300 feet between the property line of the business and the property line of the school. The standard for approval of the variance is that:A.the application is for (i) a wine and beer retailer’s permit pursuant to Chapter 25of the Texas Alcoholic Beverage Code; (ii) a wine and beer retailer’s off-premisepermit pursuant to Chapter 26 of the Texas Alcoholic Beverage Code; or (iii) amixed beverage permit pursuant to Chapter 28 of the Texas Alcoholic BeverageCode with a food and beverage certificate;B.the application is for (i) a general merchandise or food store use with 10,000square feet or more of floor area or (ii) a restaurant without drive-in ordrive-through service with a food and beverage certificate pursuant to the TexasAlcoholic Beverage Code;C.alcoholic beverages will not be sold by drive-in or drive-through service; and
 
Agenda Date 08/14/2013 - page 2
BACKGROUND (Continued
 
)
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 effective or necessary; or(vi)for any other reason that the City Council, after consideration of thehealth, 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 July 1, 2013,by Trader Joe’s. The Henry W. Longfellow Middle School located to the south of theapplicant property, is the school that creates the need for the variance. The applicant has submitted the following information regarding item D above:(1)In this instance, the application of the spacing requirements under Section6-4 of the City Code (i) is not in the best interests of the public, (ii) wouldconstitute waste and inefficient use of the Premises, (iii) creates an unduehardship for the Permitee and the Landlord, (iv) does not serve itsintended purpose and/or (v) is not necessary. Please note that underSection 6.4(g)(5)(E), only one of the above reasons is required to satisfythe condition. In this instance we believe all six of the potential ways tosatisfy this condition are satisfied – even though only one is required.(i)Public Interest/Other Reason. The surrounding community wouldbe greatly served by having a Trader Joe’s in Inwood Village. If thePermitee is unable to obtain the Permit, Permitee has indicated thatit would not lease the Premises and open a Trader Joe’s. Trader Joes is a national chain of specialty grocery stores that is justrecently expanding into Texas. The surrounding neighborhoodshave a keen interest in having a Trader Joe’s located in the northDallas area. Trader Joe’s refers to itself as “Your NeighborhoodStore” and typically has a strong charitable and community goodwillconnection with their stores’ surrounding neighborhoods. Pleasesee the enclosed Dallas Morning News regarding Trader Joe’scoming to Dallas.(ii)Waste. Enforcement of the spacing requirements would constitutewaste or inefficient use of the Premises. The Premises is locatedover 900 feet from the School when measured from the closestboundary wall of the Premises, along streets and crossing atintersections. Per the attached Survey, the distance from the frontdoor of the Premises to the front door of the School is 1,467 feet.
 
Agenda Date 08/14/2013 - page 3
BACKGROUND (Continued
 
)
However, because the Premises is part of one large 14.5 acre tract,the property line to property line measurement is approximately 50feet. Section 6-4 prohibits an establishment holding a BQ permitwithin 300 feet of the property line of a public school. As statedabove, if the Premises itself was a separate smaller tract, thedistance would be over 900 feet. If the building where thePremises is located was a separate tract, then the property line toproperty line measurement would still be well over 300 feet. Thespacing requirements under Section 6-4(a)(2) allow for a retailoff-premises permit if less than fifty percent (50%) of the grossreceipts for the premises, excluding the sale of items subject tomotor fuels tax, is from the sale or service of alcoholic beverages. Trader Joes will sell no products from the Premises that aresubject to the motor fuels tax and expects its sales of alcoholicbeverages (beer and wine) to be well under fifty percent (50%) of total sales for the Premises. But for the uniqueness of the large14.5 acre tract containing the Premises, the Premises would beeligible for the Permit.(iii)Undue Hardship. For the reasons described in paragraph (ii)above, the application of the spacing requirements would cause anundue hardship on the Landlord related to the marketability of Premises for lease and would cause undue hardship on Trader Joe’s by prohibiting it from selling beer and wine – as is nowcommonplace in grocery stores in North Dallas. Additionally, asstated above, application of Section 6-4 in this instance wouldpreclude the Premises from being used as a specialty grocery storeselling beer and wine when the Premises would ordinarily meet thedistance qualifications under Section 6-4.(iv)Does not Serve Intended Purpose. As stated in paragraph (ii)above, the only reason the Premises does not qualify for the Permitunder the spacing requirements is due to the unusual inclusion of three rows of retail shops in one large 14.5 acre tract. If not for allof Inwood Village being one large tract, the Premises would satisfythe spacing requirements with room to spare. Additionally, thereare two “rows” of businesses in the Inwood Village Shopping Centerin between the Premises and the School. The enclosed photosdemonstrate that the Premises is not viewable from the School.Application of Section 6-4 to the Premises is not necessary to serveits intended purpose of prohibiting alcoholic beverage sales within aclose proximity of a public school.

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