Title
Conduct a public hearing and consider adopting Ordinance No. 3989 amending the Comprehensive Zoning Ordinance, Section 5.5 “Beer and Wine Sales Overlay District” and “Appendix C - Maps” to allow beer and wine sales for off-premise consumption on approximately 1.48 acres located at 13601 Midway Road; and take appropriate action.
Body
REQUESTOR:
Planning Department
BACKGROUND:
In the City of Farmers Branch, a beer and wine overlay functions as a zoning overlay district that must be specifically applied to a property or area by ordinance before beer and wine sales are allowed. Properties not located within this overlay are not permitted to sell beer and wine, even if the base zoning would otherwise allow the use.
The Beer and Wine Sales (BW) Overlay District was originally adopted in 2014 and applies to various properties located throughout the City. Currently, 10 subdistricts are listed in Article 5.5 of the Comprehensive Zoning Ordinance (CZO). The closest existing location to the subject property allowing beer and wine sales is “Zone 6,” located at the intersection of Midway Road and IH-635/LBJ Freeway. Properties located within this overlay district may sell alcohol for off-premise consumption only. The Beer and Wine Sales Overlay District does not allow for on-premise consumption or package sales of liquor.
The applicant, QuikTrip, is requesting approval to expand the City’s Beer and Wine Sales Overlay District in order to have the ability to sell beer and wine from the convenience store for off-premise consumption. The subject property is located at the northwest corner of Midway Road and Alpha Road and is currently developed with a one-story commercial building. In conjunction with this request, a separate companion application for a Specific Use Permit (SUP) has been filed to allow the redevelopment of this site as a gas station and convenience store (Case No. 25-SU-10).
An identical application was filed for this site in March 2025, along with the request for a SUP. The Planning & Zoning Commission met on April 14, 2025, and the majority of the Commission recommended approval. On May 6, 2025, the SUP request was presented to the City Council and denied. The applicant subsequently withdrew their application to expand the Beer & Wine Sales Overlay. With those actions, the previous applications are considered closed. An applicant is allowed to resubmit an application that was previously denied.
On March 9, 2026, the Planning & Zoning Commission considered this request. A motion to recommend approval was made, and the vote was a tie with three in favor and three opposed.
The City is in receipt of written protest letters exceeding 20% of the area within 200 feet of the subject site. As required by the Texas Local Government Code, a vote of three-fourths of all members of the City Council must affirm this requested zoning change. Instead of the typical majority (three votes out of five), the threshold for passage is increased to four votes out of five.
DISCUSSION:
With this request, the applicant proposes to expand the Beer and Wine Sales Overlay to encompass the 1.48-acre subject property, allowing package sales of beer and wine for off-premise consumption only.
The subject property is currently zoned Planned Development No. 64 (PD-64), which allows for primarily non-residential uses. The property owner desires to sell beer and wine at the convenience store proposed on this property. Therefore, the applicant proposes to create “Zone 11” by expanding the BW Overlay District to the subject property. This also necessitates an update to Appendix C - Maps of the CZO to illustrate the new proposed overlay district. While the convenience store is proposed to operate 24 hours per day, alcohol sales would only be permitted during the days and times outlined by State law.
Because the City’s alcoholic beverage regulations existed prior to June 11, 1987, the City may continue to enforce more restrictive regulations than those provided by State law, specifically the Texas Alcoholic Beverage Code (TABC). As a result, when the City relaxes its alcoholic beverage regulations, including those that apply to a specific area, the City cannot return to the prior, more restrictive regulations. Therefore, the alcoholic beverage sales allowances granted within the overlay districts cannot be rescinded as they relate to the subject property, once approved. The entitlement for beer and wine sales on this property would remain, regardless of the redevelopment of the site or the change in use for the proposed gas station.
Approval of Ordinance No. 3989 would authorize the establishment of an expansion to the BW Overlay District by creating “Zone 11” and would allow for the subject property to sell beer and wine for off-premise consumption only.
FISCAL IMPACT:
No Financial Impact
DISTRICT:
District 4
POSSIBLE COUNCIL ACTION:
1. I move to approve Ordinance No. 3989 as presented.
2. I move to approve Ordinance No. 3989 with modifications.
3. I move to table the issue for further study or take no action.
ATTACHMENTS:
1. Ordinance No. 3989
2. Information Memorandum
3. Additional Documents
4. Presentation