Title
Public Hearing to Consider an Ordinance Approving Proposed Amendments of Title XV of the Mansfield, Texas Code of Ordinances, Entitled “Land Usage”, to Amend Section 155.012 To Add a New Definition For Package Stores; Amending Subsection 155.054(B), Table F, To Permit Package Stores Within a PD, Planned Development District; Amending Section 155.056 Related To Security Gates And Shutters; Amending Section 155.099 To Provide New Special Conditions For Package Stores.; Providing for a Severability Clause; Providing a Penalty of Fine Not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each Offense; and Providing for an Effective Date (OA#24-007)
Requested Action
To consider the draft text amendments
Recommendation
The Department of Planning and Development Services recommends approval of the proposed text amendments as drafted.
Description/History
This proposed amendment to the Mansfield Zoning Ordinance introduces a definition for "Package Store," a use that is not currently addressed in the Permitted Use Table (155.054(B), Table F). The amendment defines "Package Store" as follows:
“A retail establishment licensed by the Texas Alcoholic Beverage Commission and dedicated primarily to the sale of beer, liquor, wine and / or other alcoholic spirits in sealed containers for off-premise consumption only. For the purposes of this definition, the term “package store” shall also include liquor store, and shall exclude convenience goods stores, corner markets, and grocery stores in which beer, liquor, wine and / or alcoholic spirits may be sold as a minor part of the inventory.”
Chapter 22 of the Texas Local Government Code ("TLGC") allows municipal governing bodies to adopt zoning regulations that promote public health, safety, morals, or general welfare, and protect historical, cultural, or architectural resources. Cities can divide their boundaries into districts that suit these purposes.
In this instance, the proposed use falls under an age-restricted category monitored by the State of Texas. Therefore, the City of Mansfield will regulate "Package Stores" within its established PD, Planned Development District requirements, setting specific standards.
The standards include the following:
Section 155.099 Special Conditions (B)
(41) Package store.
(a) All package stores shall be licensed by the Texas Alcoholic Beverage Commission.
(b) All package stores shall require the adoption of a PD, Planned Development.
(c) The minimum floor area for a package store shall be 25,000 square feet. Any request to deviate from the minimum floor area shall be subject to approval of the City Council as set forth in this Paragraph.
(d) In order to control the proliferation of grouped similar land uses and to prevent proximity to protected land uses, distance to existing surrounding land uses can be used to determine the appropriateness of a PD, Planned Development application for a “Package Store”. Protected land uses shall be similar to those uses protected and outlined by the Texas Alcoholic Beverage Commission and Section 155.099 Special Conditions (21) of the Mansfield Code of Ordinances.
(e) No sale of beer, liquor, wine and / or other alcoholic spirits at a package store shall be permitted through a drive-through facility; a pick-up window; or a walk-up window. All sales of beer, liquor, wine and / or other alcoholic spirits shall occur within the interior of the package store.
(f) A package store shall have separate entrances for deliveries and customers. The entrance for deliveries shall be restricted to locations to the rear or the side of the establishment.
(g) The PD, Planned Development approved under this provision for a package store shall automatically expire upon: (i) the closure of the package store; or (ii) a change the ownership of the package store.
These criteria help regulate the placement and size of package stores, preventing over-concentration of this use while maintaining a balanced mix of business types. Similar standards exist for other age-restricted uses regulated by the State of Texas and the City of Mansfield, such as "Body Art and Piercing Studio" and "Tobacco Products Store."
The proposed amendment also modifies Section 155.056, "Community Design Standards," to require that security gates and shutters be fully concealed when not in use.
Prepared By
Arty Wheaton-Rodriguez
Assistant Director, Planning Department
817-276-4245
Attachments:
Draft Ordinance