Crumbzz Private Club Request
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For location reference purposes only
212 South Bois D’ Arc Street
Forney, TX 75126
214.541.9665
www.crumbzz.com
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RE: 212 South Bois D Arc Street Forney, TX 75126 Statement of Detail and Request for Variance
TO WHOM IT MAY CONCERN
Please note the attached Conditional Use Permit for the captioned location. The following is our
“Statement of Detail” and “Request for Variance” on said permit.
Crumbzz wishes to sell wine, beer and mixed drinks by the glass to our bistro customers while dining at our location.
Although final plans have not been completed and may vary somewhat from those stated below*,
it is our intention to offer our guests Texas based Vintner's wines, Texas based craft beers and
mixed drinks such as Bellini’s, Mojito’s and Bloody Mary’s to enjoy along with their meals.
In addition, we also intend to increase our hours from the current schedule of 7:30am - 2pm
(weekdays) and 7:30am - 3pm (weekends) to 7:30am - 9pm (weekdays) and 7:30am - 11pm (weekends). In addition, we foresee the possible expansion of our food offerings from the breakfast
lunch menu that we currently offer, to more traditional dinner offerings.
We do not intend to make substantive changes to our footprint except to add additional refrigeration and storage for glasses and storage room capacity for stock.
In order to provide the above services to our customers, since Crumbzz is located close to the
school property currently housed in the former church building, and current ordinance does not
allow alcohol sales within 300 feet of a school, please accept this letter as our formal “Request for
Variance.
It is understood that upon approval of said variance and Conditional Use Permit by the City of Forney, Crumbzz will apply to the Texas Alcoholic Beverage Commission (TABC) for the appropriate
licenses. The TABC will follow up by notifying the City of Forney of our application. Following notice from the TABC, if all requirements have proved satisfactory to the City of Forney, the City of
Forney will provide us with an “Application for Alcoholic Beverage Permit”, which we will return to
the Community Development Department along with a copy of the approved TABC certificate.
Sincerely,
J Stephen Sadler
* Customer market preferences may dictate fine tuning of the types of wines, beers, mixed drinks, and food offerings, as well as
our hours of operation (eg. limitations of wines from Texas may not satisfy our clientele’s demands nesessating the addition
and/or substitution of other wine types; dinner clientele business may drop off earlier than planned on particular days which
will necessitate an adjustment of hours by Crumbzz to better match customer demands.)
CITY OF FORNEY, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF FORNEY, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 1085, AND MAP,
AS AMENDED, BY CHANGING THE ZONING FROM CENTRAL BUSINESS
DISTRICT (CBD) USES TO CENTRAL BUSINESS DISTRICT (CBD) USES
WITH A CONDITIONAL USE PERMIT (CUP) FOR A PRIVATE CLUB THAT
SERVES ALCOHOLIC BEVERAGES ON APPROXIMATELY 0.0574 ACRES
OF LAND IN THE T.H. DAILEY SURVEY, ABSTRACT NO. 810, ON
PROPERTY MORE COMMONLY KNOWN AS 212 S. BOIS D’ARC STREET IN
THE CITY OF FORNEY, KAUFMAN COUNTY, TEXAS, IN ACCORDANCE
WITH THE CITY’S COMPREHENSIVE MASTER PLAN AND ZONING
ORDINANCE; GRANTING A REQUEST FOR A WAIVER OR MODIFICATION
OF THE 300-FOOT SPACING REQUIREMENT BETWEEN SAID PRIVATE
CLUB AND A CHURCH, PUBLIC OR PRIVATE SCHOOL, CHILD CARE
CENTER, OR HOSPITAL; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION
AND AN EFFECTIVE DATE.
WHEREAS, the City of Forney, Texas (“City”) is a home-rule city possessing the full
power of local self-government pursuant to Article 11, Section 5 of the Texas Constitution,
Section 51.072 of the Texas Local Government Code, and the Home Rule Charter for the City
of Forney, Texas; and
WHEREAS, the City Council of the City of Forney (“City Council”), pursuant to Chapter
211 of the Texas Local Government Code, as amended, possesses the power to regulate
zoning and development in the City; and
WHEREAS, a public hearing was held before the City Council on or about the 18th day
of August, 2015, at which meeting the City Council considered, after first providing any
interested person an opportunity to speak regarding the matter, and granted a variance for the
sale of alcoholic beverages within three hundred feet (300’) of a church, public or private school,
child care center, or hospital on that property identified as 212S. Bois D’Arc Street, pursuant to
Section 4.02.004(g) of the Code of Ordinances, City of Forney, Texas (“Forney Code”), which
property is the subject of this zoning change request; and
WHEREAS, a public hearing was held before the Planning & Zoning Commission and a
public hearing was held before the City Council, after due notice thereof was had in accordance
with the Comprehensive Zoning Ordinance of the City of Forney, Texas (“Zoning Ordinance”)
regarding the rezoning sought hereby; and
WHEREAS, at such public hearings all persons having any interest in doing so were
afforded an opportunity to be heard concerning the proposed zoning change; and
WHEREAS, all legal requirements, conditions, and prerequisites have been complied
with prior to this case coming before the City Council; and
Ordinance No. _______
Page 1
WHEREAS, the City Council further finds and determines that the proposed amendment
to the Zoning Ordinance is in the best interest of the health, safety, morals, and general welfare
of the City of Forney, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORNEY, TEXAS, THAT:
Section 1.
FINDINGS INCORPORATED
The findings set forth above are found to be true and correct and are hereby
incorporated into the body of this Ordinance for all purposes as if fully set forth herein.
Section 2.
ZONING AMENDED
From and after the effective date of this Ordinance, the property described herein shall
be rezoned as set forth in this section, and the official zoning map of the City of Forney, Texas,
is hereby amended and changed in the following particulars to reflect the action taken herein,
and all other existing sections, subsections, paragraphs, sentences, definitions, phrases, and
words of said Zoning Ordinance are not amended, but shall remain intact and are hereby
ratified, verified, and affirmed to create a change in the zoning classification of the property
described herein, as follows:
That certain tract of land commonly known as 212 S. Bois D’Arc Street, in the City of
Forney, Kaufman County, Texas, and being approximately 0.0574 acres of land in the T.H.
Dailey Survey, Abstract No. 810, and more fully described in Exhibit “A,” attached hereto and
incorporated herein by reference for all purposes (“Property”), presently zoned for Central
Business District (CBD) uses, is hereby rezoned to Central Business District (CBD) uses with a
Conditional Use Permit (CUP) for a Private Club that serves alcoholic beverages in accordance
with specific requirements in the City’s Comprehensive Plan, the Comprehensive Zoning
Ordinance of Forney, Texas, and in accordance with the Site Plan attached hereto as Exhibit
“B” and incorporated herein by reference for all purposes allowed by law.
Section 3.
WAIVER OF THE 300-FOOT SPACING REQUIREMENT BETWEEN A
PRIVATE CLUB AND A CHURCH, PUBLIC OR PRIVATE SCHOOL,
CHILD CARE CENTER, OR HOSPITAL
From and after the effective date of this Ordinance, the requirement that the Private Club
serving alcoholic beverages situated on the Property must be located at least three hundred feet
(300’) from any church, public or private school, child care center, or hospital, as required by
Section 34d.5.C.2 of the Zoning Ordinance, is hereby waived pursuant to the City Council’s
authority to approve conditional uses and waive or modify specific standards otherwise made
applicable to such conditional uses by this Ordinance, as set forth in and to secure the general
objectives of Section 34b.5.C of the Zoning Ordinance. In this regard, it is specifically noted that
the requirements of a Conditional Use Permit may not be varied by or through the Board of
Adjustments and that such variances may only be approved by the City Council in the original
adoption of, or amendment to, the ordinance approving a Conditional Use Permit. See Zoning
Ordinance §34b.5.C.
Ordinance No. _______
Page 2
Section 4.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the words, phrases,
clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any word,
phrase, 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 words, phrases, clauses, sentences,
paragraphs and sections of this Ordinance, since the same would have been enacted by the
City Council without the incorporation of any such unconstitutional word, phrase, clause,
sentence, paragraph or section.
Section 5.
SAVINGS CLAUSE
The Comprehensive Zoning Ordinance of the City of Forney, Texas, Ordinance No.
1085, as amended, shall be and remain in full force and effect save and except as amended by
this Ordinance.
Section 6.
REPEALER CLAUSE
Any provision of any prior ordinance of the City, whether codified or uncodified, which is
in conflict with any provision of this Ordinance, is hereby repealed to the extent of the conflict,
but all other provisions of the ordinances of the City, whether codified or uncodified, which are
not in conflict with the provisions of this Ordinance shall remain in full force and effect.
Section 7.
PENALTY CLAUSE
Any person, firm, or corporation violating any of the provisions or terms of this Ordinance
shall be guilty of a misdemeanor and upon conviction, shall be fined a sum not to exceed
$2,000.00 for each offense, and each and every violation or day such violation shall continue or
exist, shall be deemed a separate offense.
Section 8.
EFFECTIVE DATE
This Ordinance shall take effect immediately from and after its passage and the
publication of the caption, as the law and Charter in such cases provide.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Forney,
Texas, this ____ day of ________________, 2015.
Rick Wilson, Mayor
ATTEST:
___________________________________
Dorothy Brooks, TRMC, CMC, City Secretary
Ordinance No. _______
Page 3
APPROVED AS TO FORM:
___________________________________
Kent S. Hofmeister, City Attorney
Ordinance No. _______
Page 4
Exhibit “A”
Description of Property
Ordinance No. _______
Page 5
Exhibit “B”
Site Plan (No Changes being made with the CUP)
Ordinance No. _______
Page 6