HomeMy WebLinkAboutOrdinance 3663 C NO. 3663
ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, AUTHORIZING A VARIANCE TO THE
DISTANCE REQUIREMENTS FOR THE SALE OF ALCOHOL FOR ON-
PREMISE CONSUMPTION ON 8.443 ACRES IN THE 9000 BLOCK OF
MID-CITIES BOULEVARD AND DESCRIBED IN EXHIBIT "A", NORTH
RICHLAND HILLS, TEXAS, PURSUANT TO CHAPTER 6, ARTICLE II,
SECTION 6-31, "ALCOHOLIC, BEVERAGES ESTABLISHMENTS," OF
THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND
HILLS; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 6-31(e) of the North Richland Hills Code of Ordinances authorizes
City Council to grant variances from the alcohol distance requirements
prescribed by Section 6-31 of the North Richland Hills Code of Ordinances;
and
WHEREAS, Convergence Capital, LLC, the owner of 8.443 acres of property in the 9000
9 p
block of Mid-Cities Boulevard (the "Property") has submitted an application
to permit on-premise consumption of alcohol pursuant to specific permits
allowed by Chapter 26 of the Texas Alcoholic Beverage Code, and is
requesting a variance to the alcohol distance requirements for the property
on the north side of Mid-Cities Boulevard and north of Birdville High School,
a public school; and
WHEREAS, City Council, after consideration of the health, safety, and welfare of the
public and the equities of the situation, finds that enforcement of the alcohol
distance requirements in this 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 an alcohol permit; does not
serve its intended purpose; and is not effective or necessary; and
WHEREAS, Notice of application was provided to the officials of the affected public
school before filing with the City Council, as required by Section 6-31(c) of
the North Richland Hills Code of Ordinances; and
WHEREAS, City Council acknowledges that the Board of Trustees of the Birdville
Independent School District may request a prohibition of the sale of
alcoholic beverages when the place of business where alcohol is sold is
within one thousand feet of a public school, and that such a request has not
been filed with the City of North Richland Hills; and
WHEREAS, City Council desires to grant the alcohol distance variance;
Ordinance No.3663
Page 1 of 6
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1: The City Council hereby finds the recitals above to be true and correct,
and such recitals are hereby incorporated into this Ordinance as if written
herein.
SECTION-2: That the City Council of the City of North Richland Hills hereby grants and
authorizes a variance to the alcohol distance requirements prescribed by
Section 6-31 of the North Richland Hills Code of Ordinances for
Convergence Capital, LLC, for property located on the north side of Mid-
Cities Boulevard and north of Birdville High School, a public school,
subject to the restrictions and conditions set forth and described in Exhibit
"B" attached hereto and incorporated herein.
SECTION 3. This variance may be revoked by the City Council in the event the
applicant is found to be in violation of this Ordinance, Chapter 6 of the City
Code of Ordinances, or Chapter 26 or Chapter 109 of the Texas Alcoholic
and Beverage Code.
SECTION 4: Any person, firm or corporation violating any provision of this Ordinance
as amended hereby shall be deemed guilty of a misdemeanor and upon
final conviction thereof fined in an amount not to exceed Two Thousand
Dollars ($2,000.00). Each day any such violation shall be allowed to
continue shall constitute a separate violation and punishable hereunder.
SECTION 5: This Ordinance shall be cumulative of all provisions of the Code of
Ordinances of the City of North Richland Hills, except where the provisions
of this Ordinance are in direct conflict with the provisions of such ordinances
and such Code, in which event conflicting provisions of such ordinances and
such Code are hereby repealed.
SECTION 6: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances in
the Code of Ordinances of the City of North Richland Hills that have
accrued at the time of the effective date of this Ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such ordinances, same shall not
be affected by this Ordinance but may be prosecuted until final disposition
by the courts.
•
SECTION 7: It is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs and sections of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared unconstitutional by the valid judgment
Ordinance No.3663
Page 2 of 6
or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 8: This Ordinance shall be in full force and effect immediately from and
after its passage.
AND IT SO ORDAINED.
PASSED AND APPROVED on this 14th day of September, 2020.
CITY OF TH RI N ILLS
By:
O' �cti.,, ,, Oscar revi , Mayor
ATTEST: ....,•. ®
ry %IA
tr-
1)-1:4 Mt)p-cii
Alicia Richardson =- ,��•• \���.��
City Secretary/Chief Go4441 n„G Pficer
APPROVED AS TO FORM AND LEGALITY:
M eshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Clayton omstock, I'rector of Planning
Ordinance No.3663
Page 3 of 6
EXHIBIT "A"
DESCRIPTION OF THE PROPERTY
BEGINNING at a TXDOT monument found for the southeast corner of Lot 4, Block C, Brynwyck, recorded in
Document Number D208364504 P.R.T.C.T., in the north right—of—way line of Mid—Cities Boulevard (120' R.O.W),
and which is the southwest of the herein described tract;
THENCE North 00° 15' 22" West — along the east line of said Brynwyck, passing at 180.02' a 1/2" iron rod with
cap stamped "SPRY 5647" found for the northeast corner of said Lot 4, Block C, Brynwyck, continuing along the
east line of Block A, Brynwyck, recorded in Document Number D21213656 P.R.T.C.T. for a total distance of
333.41' to a 1/2" iron rod with a cap stamped "SPRY 5647" set for the northwest corner of the herein
described tract, from which a 1/2" iron rod with a cap stamped "LBS 3946" bears North 89° 09' East — 0.33';
THENCE North 89' 09' 15" East — 1197.81' to a 1/2" iron rod with cap stamped "HORIZON" found for the
northeast corner of the herein described tract, common to the southeast corner of Lot 7, Block 1, of Parkman
Addition, recorded in Volume 388-9, Slide 647, P.R.T.C.T. and in the west line of Lot 1R-1, Block A, Home Depot
Addition, recorded in Doc No. 202210376, P.R.T.C.T.;
THENCE South 00' 29' 41" East — 304.95' along the west line of said Lot 1R-1, Block A, Home Depot Addition,
to a 1/2" iron rod with cap stamped "WAI", found for the southwest corner of said Lot 1R-1, Block A, Home
Depot Addition, common to the southeast corner of the herein described tract and in the north right—of—way of
said Mid—Cities Boulevard;
THENCE South 89' 40' 08" West — 530.51' along the north right—of—way line of said Mid—Cities Boulevard to a
TXDOT monument found for the beginning of a curve to the left, having a central angle of 06' 37' 53"", a
radius of 5789.58' and a chord bearing and distance of South 86° 18' 38" West — 669.71';
THENCE along said curve to the left, continuing along the north right—of—way line of said Mid—Cities Boulevard,
an arc distance of 670.08', to the POINT OF BEGINNING and containing 8.443 acres of land.
Ordinance No.3663
Page 4 of 6
EXHIBIT "B"
RESTRICTIONS AND CONDITIONS ON VARIANCE
A variance to the alcohol distance requirements prescribed by Section 6-31 of the North
Richland Hills Code of Ordinances for Convergence Capital, LLC, for Property located on
the north side of Mid-Cities Boulevard and north of Birdville High School, a public school,
is granted, subject to the following conditions:
1. The Property is authorized to be permitted for the sale of alcoholic beverages for
on-premise consumption within three hundred (300) feet of a church, public or
private school, or public hospital.
2. The variance to the alcohol distance requirements is valid only for the following
permit types issued by the Texas Alcoholic Beverage Commission for on-premise
consumption:
a. Food and Beverage Certificate (FB)
b. Mixed Beverage Permit (MB)
c. Mixed Beverage Restaurant Permit with FB (RM)
3. The variance to the alcohol distance requirements specifically excludes Mixed
Beverage Late Hours Permit (LB) and Wine and Beer Retailer's Permit (BG) and
may not be sold between the hours of midnight and 7:00 a.m.
4. The sale of alcohol for on-premise consumption must not exceed thirty percent
(30%) of total sales. Such proportion may be audited annually as provided by
Section 6-3, Reporting Requirement. Alcohol sales in excess of thirty percent
(30%) of total sales may result in suspension or revocation of permits.
5. The variance to the alcohol distance requirements is valid for subsequent renewals
of alcohol permits on the Property.
6. The variance to the alcohol distance requirements shall not be transferred to
another location.
7. The variance to the alcohol distance requirements may be transferred by
Convergence Capital to another entity upon that entity's initial purchase of any
portion of the Property ("Purchasing Entity"). After such initial purchase, the
variance to the alcohol distance requirements shall not be subsequently
transferred or assigned by the Purchasing Entity to another entity without the prior
approval of the City Council, which approval may be withheld in the City's sole
discretion; however, such Purchasing Entity may transfer the variance to an
Affiliate without City Council approval. For purposes of this section, the term
Ordinance No.3663
Page5of6
"Affiliate" shall mean any entity, directly or indirectly, that has controlling interest,
is controlled by, or under common control with the Purchasing Entity.
8. In the event a lessee is under a current and valid lease for a location included on
the Property at the time of any valid transfer of the variance granted under this
Ordinance, the variance to the distance requirements shall apply for that lessee
through the end of the lessee's lease term (including any renewal terms).
Ordinance No.3663
Page 6 of 6
Star-Telegram
MEDIA
Arlington Citizen...Journal I The Keller Cs'tison I La Estrella
Mansfield News-Mirror 1 Star-Telegram Northeast I Weatherford Star Telegram
star-telegram.corn 1808 Throckmorton St.!Ft Worth,Tx.76102-6315
AFFIDAVIT OF PUBLICATION
Account# Ad Number •Identification PO Amount Cols Depth
600579 0004760566 CITY OF NORTH RICHLAND HILLS ORDINAN $92.36 1 52.00 Li
Attention: Traci Henderson THE STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS County of Tarrant
PO BOX 820609
NORTH RICHLAND HILLS,TX 761820609 Before me, a Notary Public in and for
said County and State,this day
personally appeared VICTORIA
CITY OF NORTH RICHLAND HILLS RODELA, Bid and Legal Coordinator
ORDINANCE NO.3663
AN ORDINANCE OF THE CITY for the Star-Telegram,published by
COUNCIL OF THE CITY OF - " '
NORTH RICHLAND HILLS, CITY OF NORTH RICHLAND HILLS the Star-Telegram, Inc.at Fort Worth,
TEXAS, AUTHORIZING A VAR- ORDINANCE NO.3663 t Co
unty,inTexas;and who,
IANCE TO THE DISTANCE RE- AN ORDINANCE OF THE CITY
QUIREMENTS FOR THE SALE COUNCIL OF THE CITY OF after being duly sworn,did depose
OF ALCOHOL FOR ON-PREMISE NORTH RICHLAND HILLS,
CONSUMPTION ON 8.443 TEXAS, AUTHORIZING A VAR- and say that the attached clipping of
ACRES IN THE 9000 BLOCK OF IANCE TO THE DISTANCE RE-
MID-CITIES BOULEVARD AND QUIREMENTS FOR THE SALE an advertisement was published in
DESCRIBED IN EXHIBIT "A", OF ALCOHOL FOR ON-PREMISE
NORTH RICHLAND HILLS, CONSUMPTION ON 8.443 the above named paper on the listed
TEXAS, PURSUANT TO CHAP ACRES IN THE 9000 BLOCK OF
TER 6,ARTICLE II, SECTION 6- MID-CITIES BOULEVARD AND dates:
31, `ALCOHOLIC BEVERAGES ESTABLISHMENTS," OF THE DESCRIBED IN EXHIBIT "A",CODE OF ORDINANCES OF THE NORTH RICHLAND HILLS,
CITY PURSUANT TO CHAP-
HILLS;HITL OF NORTH GS TER 6, ARTICLE II, SECTION 6-
CLAUSE;PROVIDINGPROA SAVINGS 31, "ALCOHOLIC BEVERAGES
CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND ESTABLISHMENTS," OF THE 2 Insertion(s)
PROVIDING AN EFFECTIVE CODE.OF ORDINANCES OF THE
DATE. CITY OF NORTH RICHLAND
Any person,firm or corporation HILLS; PROVIDING A SAVINGS Published On:
violating any provision of this CLAUSE; PROVIDING A September 2020,September
Ordinance as amended hereby SEVERABILITY CLAUSE; AND P P
shall be deemed guilty of a mis- PROVIDING AN EFFECTIVE 25,2020
demeanor and upon final conic- DATE.
tion thereof fined in an amount Any person,firm or corporation
not to exceed Two Thousand , violating any provision of this
Dollars ($2,000.00). Each day Ordinance as amended hereby
any such violation shall be al- shall be deemed guilty of a mis-
lowed to continue shall consti- demeanor and upon final convic-
tute a separate violation and tion thereof fined in an amount
punishable hereun- not to exceed Two Thousand
der. Dollars ($2,000.00). Each day
PASSED AND APPROVED on any such violation shall be al-
2020,this 14th day of September, lowed to continue shall consti-
CITY2 tute a separate violation and
HILLS OF NORTH RICHLAND punishable hereun-By:/sJOscar Trevino der.
Mayor TTPASSED AND APPROVED on
Athis 14th day of September,
ATTEST:i EST:
/s/Alicia Richardson +� " ='-
2020. )1(---ie-
City Secretary/Chief Gover- CITY OF NORTH RICHLAND
Hance Officer HILLS (Principal Clerk)
LEGALITY: By:/s/Oscar Trevino
/s/Maleshia B.McGinnis Mayor
City Attorney ATTEST: SUBSCRIBED AND SWORN TO.
/s/Alicia Richardson ORE ME,THIS 25th day of
City Secretary/Chief Gover-
• nance Officer Sept_ b- the year oft2020
LEGALITY:
t Attorney
B.McGinnis
City Attorney • `l k ,
A, , i
1 t 1 '
.
_____
Notary Public-
2. i A` Af ANDA DAWN GRISHAM i
a *•• '•* My Notary ID P 132031396 i`
o f Expires May 30,2023
Ex n :iecsf�ceardrxolatfidauits, T_-,
Legal document please do not destroy!