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Home My WebLink AboutOrdinance 20781-06-2013 ORDINANCE NO. 20781-06-2013 AN ORDINANCE AMENDING CHAPTER 4, "ALCOHOLIC BEVERAGES" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED BY ADDING SUBSECTION (I) OF SECTION 4-4 "SALE NEAR CHURCHES, SCHOOLS AND HOSPITALS" TO PROVIDE THAT NO SEPARATION DISTANCE IS REQUIRED FROM PUBLIC OR PRIVATE SCHOOLS OR PUBLIC HOSPITALS IN THE CENTRAL BUSINESS ZONING DISTRICT, THE WEST 7TH URBAN VILLAGE MIXED-USE ZONING DISTRICT OR NEAR SOUTHSIDE AND TRINITY UPTOWN FORM-BASED ZONING DISTRICTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 109.33 of the Texas Alcoholic Beverage Code, Chapter 4 of the City Code of the City of Fort Worth prohibits the sale of alcoholic beverages if the place of business within three hundred feet of any church, school or hospital; and WHEREAS, Section 4-4, "Sale near Churches, Schools and Hospitals," allows the City Council to Grant a variance to the prohibition if the enforcement of the regulation in a particular instance is not in the best interests of the public, constitutes waste or inefficient use of the land or other resources, creates an undue hardship on the applicant, does not serve its intended purpose, enforcement of the regulation would be inequitable or for any other reason the City Council determines to be in the best interest of the community, considering the health, safety and welfare of the public; and WHEREAS, the Comprehensive Plan of the City of Fort Worth encourages the development of compact, pedestrian-scaled, mixed-use neighborhoods and commercial districts to create livable and sustainable community; and WHEREAS, requiring a three hundred foot distance near schools or public hospitals located within a mixed-use districts, form-based districts and the central business district would create an inefficient use of the land under the Comprehensive Plan and create an undue hardship on businesses in the mixed-use commercial districts; and WHEREAS, it is advisable to amend Section 4-4 to provide the distance regulations contained therein as it relates to public or private schools or public hospitals are not applicable to the central business zoning district, the West 7t" Urban Village mixed-use zoning district or the Near Southside and Trinity Uptown form-based zoning districts. Ordinance No.20781-06-2013 Pagel of 3 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Section 4-4, "Sale near churches, schools, hospitals" of Chapter 4, "Alcoholic Beverages" of the City Code of the City of Fort Worth, is amended by adding subsection (i) to provide that distance regulations contained therein related to public or private schools or public hospitals are not applicable to the central business zoning district, the West 7`" Urban Village mixed-use zoning district and the Near Southside and Trinity Uptown form-based districts to read as follows: (i) This section shall not apply where a public or private school or public hospital is located within the central business zoning district or within the following mixed- use or form-based zoning, districts: 1. Near Southside, 2. Trinity Uptown, or 3. West 7th Urban Village SECTION 2. All provisions of Section 4-4 shall remain in full force and effect without change, except as expressly amended herein. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which the event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any ph-rase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and section 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 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 3011, Ordinance No. 13896 or any other Ordinance No.20781-06-2013 Page 2 of 3 ordinances affecting zoning which 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 ZZ, 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 6. That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by V.T.C.A. Local Government Code Subsection 52.013. SECTION 7. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: Melinda Ramos, Senior Assistant City Attorney Adopted: June 4, 2013 Ef fb c t i v e: Ordinance No.20781-06-2013 Page 3 of 3 Mixed Use Areas with Schools and Public Hospital Legend G.rsRa f, " u0 ,0��m 0 Mixed Use Areas 6 s rc�Imm�uWSHiT0000EUOmnn�ou>IIElo�uu�,omm!Itl�i P yuwMy 111 Tina, , 4TH H r oral fa,s r..C-.k Illll a,yP�',�a, '! - MasterThoroughfarePlan TO LLWAYIFREEWAYEXIS TING ," �, ''1'w"aNiw,,e"TQLI--/FRLEWAVPROPOSED PINCIPALARTERIAL-EXISTNG U) g q ''SET rk.. " I III Il II d" 0�M'"-°" ' PRINCIPAL ARTE RIAL-PROPOSED Po, ,MAOR ARTERIAL-E%I°uTING µ M MAJOR ARTERIAL PROPOSED MINOR ARTERIALE%ISTINe " ,. .,,,ea F ✓ aa,uc �^Npvm1. q� MINOR ARTERIAL-PROPOSED �f �l✓ 6 7111 �� "a 87 107 ST mi nom�mEUEr �ullE ao E� EeN m alta i�ln i n wuwffa LU u Olu�uui WI u000VI�I�Ii�uuuuu �V°°9;;1 " �,. W IIIIIIIII IIIIIIIII I�II�IIOIr CL so 0 d4 ADDO 1 uj y '0 F "" F'axrtiV�l�ru 0.25 0.5 0.7 1 Miles City of Fort Worth, Texas Mayor and Council Communication vvnnn oN0000Nn�UNMA kNNN imi0Mm0 FTXWI @nru9M1MY 'MI."fGiUOYik+f R,?u+tt50MW 'frNGf iP' YfIlIL1U(fnW'mL,Ift IN ,Grq{pfVyfPO/Q99/(q!.tlMM1dtV. N01IU4l UIKKNtYft�INfNYM1VIdI[Pri@t➢ldf MM MIt.W,.Y.ICttl1,'Pf,W/YO WNlR9..NWt Annttm mx'uYvwfe uft\PRYBIM W4%fl frtartmudN AIdOOAgAE MNNM COUNCIL ACTIONA ' Approved 6t4/ZO'13 - Ordinance Na. 20781.06-201 ,. ommwwwwuwwwmwwnowonm wwwauuuuuww�r�umiwmemuwnv�mowmwi nr!uawi^m.wirdnummmrtwuwimmrmr�areirr�amnmi�mrrce, o ,mr.x.nmrmv aww arr ni emu.rrt�.wimmrnmuairwwemmmmwwwwmmoiwwmr mirmromasarca wmxww,vuwuuaumw-amum. uawmrvwuvwww:wuanrrw✓ ono muwmwwwu!wm.wu�,awivavan!mwmw,au DATE: Tuesday, June 04, 2013 REFERENCE NO.: G-17910 LOG NAME: 06ALCOHOL DISTANCE SUBJECT: Adopt Ordinance Amending Chapter 4, Section 4-4 of the City Code to Remove the Separation Distance Requirement from Schools and Public Hospitals for the Sale of Alcohol in the Central Business District, Near Southside, Trinity Uptown, and West 7th Urban Village Mixed-Use Zoning Districts and Form-Based Zoning Districts (COUNCIL DISTRICTS 2, 7, 8 and 9) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending Chapter 4, Section 4-4 of the City Code to provide that no separation distance is required from schools and public hospitals in the Central Business District, Near Southside, Trinity Uptown, and West 7th Urban Village mixed-use zoning districts and form-based zoning districts for the sale of alcohol. DISCUSSION: The Texas Alcohol and Beverage Code, Section 109.33 states that the governing board of an incorporated city or town may enact regulations applicable in the city or town, prohibiting the sale of alcoholic beverages by a dealer whose place of business is within 300 feet of any school or public hospital. Section 4-4 of the City Code requires a 300 foot separation between the sale of alcohol and a school or public hospital. Section 4-4 also allows the City Council to grant a variance to the prohibition if the enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of the land or other resources, creates an undue hardship on the applicant, does not serve its intended purpose, enforcement of the regulation would be inequitable, or for any other reason the City Council determines to be in the best interest of the community, considering the health, safety and welfare of the public. The City's Comprehensive Plan encourages the development of compact, pedestrian-scaled, mixed-use neighborhoods and commercial districts to create a livable and sustainable community. The City has implemented this through the mix of residential and commercial uses allowed in the Central Business District, Near Southside, Trinity Uptown, and West 7th Urban Village mixed-use and form-based zoning districts. The prohibition of alcohol sales within 300 feet from schools and public hospitals in such pedestrian-scaled areas would create an inefficient use of land under the Comprehensive Plan and would create an undue hardship on businesses in these districts. Staff recommends amending Section 4-4 of the City Code to provide that distance regulations contained, therein, related to public or private schools and public hospitals are not applicable to the central business zoning district, near Southside, Trinity Uptown, and West 7th Urban Village mixed-use zoning districts and form-based zoning districts. This amendment would be consistent with the permissive language of Section 109.33 of the Texas Alcohol and Beverage Code which does not require cities to adopt the distance requirement. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director*certifies that this action will have no material effect on City Logname: 06ALCOHOL DISTANCE Page 1 of 2 funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Dana Burghdoff (8018) Logname: 06ALCOHOL DISTANCE Page 2 of 2