Liquor Overlay and Permit Modification, Bryan Area
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An application for the removal of D Liquor Control Overlay, with consideration for a D-1 Liquor Control Overlay and a new Specific Use Permit for the sale of alcoholic beverages on property zoned Subarea 11 within Planned Development District 298, the Bryan Area Special Purpose District with a D Liquor Control Overlay, on the southeast line of Swiss Avenue, northeast of North Haskell Avenue. Staff Recommendation: Approval of the removal of D Liquor Control Overlay. Applicant: San Luis Food, LLC / Marcus Schwartz Representative: BrackinSchwartz, PLLC / Marcus Schwartz U/A From: February 5, 2026. Planner: Michael V. Pepe Council District: 2 Z-25-000117
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Actions
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Check protest petition blocking Bryan Area alcohol overlay vote
Why now: Z-25-000117 cleared City Plan Commission unanimously on both February 5 and March 5, 2026, yet received no Council vote on April 8 despite appearing on the agenda — a protest petition is the only procedural mechanism that would explain a stall after two 14-0 CPC approvals.
What to do: Search Dallas Development Services' public record for written protests filed against Z-25-000117 — if property owners within 200 feet collectively control 20% or more of the affected area, a three-fourths Council supermajority is already required, which is the most plausible explanation for why the item drew no vote on April 8. If no protest exists, document that absence now because the filing window closes the moment the item is called.
Act before: After protest petition filing window closes (when item is called at Council)
Verify your Bryan Area parcel is in the alcohol overlay final boundary
Why now: Z-25-000117 required two separate City Plan Commission votes — February 5 and March 5, 2026, both 14-0 — which is procedurally unusual for a single overlay case and strongly suggests the boundary or permit terms were amended between sessions.
What to do: Request the boundary map on file for Z-25-000117 and confirm your parcel is within the current footprint before the Council vote — if the overlay boundary was narrowed between the February and March CPC hearings, a site you assumed was covered may now fall outside it, eliminating the use-by-right that made your concept viable.
Act before: After ordinance effective date
Compare both City Plan Commission packets to find what changed in Bryan Area alcohol overlay
Why now: Z-25-000117 has appeared three times — CPC on February 5 and March 5 and City Council on April 8, 2026 — without a final vote, and the public record contains no explanation for either the duplicate CPC votes or the April 8 non-action.
What to do: Request the agenda packets from the February 5 and March 5, 2026 City Plan Commission hearings and compare the boundary maps, case descriptions, and staff recommendations side by side — two identical 14-0 votes on the same case is procedurally unusual and points to a scope or condition change that has not appeared in the public record, and the same undisclosed change is the most likely reason the item failed to receive a Council vote after three appearances across three months.
Act before: After records request response (typically 10 business days)
Reach Bryan Area council office before alcohol overlay is re-scheduled
Why now: Z-25-000117 appeared on the April 8, 2026 Council agenda but received no vote, its third procedural appearance without final action, and the next re-scheduling has not been announced, leaving a brief window before the item is locked for a floor vote.
What to do: Contact the council office representing Bryan Area to identify the specific condition or objection that kept Z-25-000117 off the April 8 vote, then offer to have those terms drafted into the ordinance language before the item returns — permit conditions written after adoption require a full new hearing cycle, making the current gap between hearings the only low-cost window to shape the final language.
Act before: After item is re-scheduled at City Council
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Timeline
A public hearing to receive comments regarding an application for (1) an ordinance granting a D-1 Liquor Control Overlay; and (2) an ordinance granting a new Specific Use Permit for the sale of alcoholic beverages with consideration for removal of a D Liquor Control Overlay on property zoned Subarea 11 within Planned Development District No. 298, the Bryan Area Special Purpose District with a D Liquor Control Overlay, on the southeast line of Swiss Avenue, northeast of North Haskell Avenue Recommendation of Staff: Approval of the removal of D Liquor Control Overlay Recommendation of CPC: Approval of (1) D-1 Liquor Control Overlay; and (2) a new Specific Use Permit for the sale of alcoholic beverages, for a two-year period, subject to a site plan and conditions Z-25-000117 *In alignment with ForwardDallas.
An application for the removal of D Liquor Control Overlay, with consideration for a D-1 Liquor Control Overlay and a new Specific Use Permit for the sale of alcoholic beverages on property zoned Subarea 11 within Planned Development District 298, the Bryan Area Special Purpose District with a D Liquor Control Overlay, on the southeast line of Swiss Avenue, northeast of North Haskell Avenue. Staff Recommendation: Approval of the removal of D Liquor Control Overlay. Applicant: San Luis Food, LLC / Marcus Schwartz Representative: BrackinSchwartz, PLLC / Marcus Schwartz U/A From: February 5, 2026. Planner: Michael V. Pepe Council District: 2 Z-25-000117
Vote: 14 for, 0 against, 1 absent
recommend approval of D-1 Liquor Control Overlay and new SUP for sale of alcoholic beverages for two-year period, subject to site plan and conditions
Neutral (did not speak): Juan Torres. Commission recessed at 2:03 p.m. and reconvened at 2:16 p.m.
An application for the removal of D Liquor Control Overlay on property zoned Subarea 11 within Planned Development District 298, the Bryan Area Special Purpose District with a D Liquor Control Overlay, on the southeast line of Swiss Avenue, northeast of North Haskell Avenue. Staff Recommendation: Approval. Applicant: San Luis Foods, LLC - Leticia Espinoza Representative: BrackinSchwartz, PLLC - Marcus Schwartz Planner: Michael V. Pepe Council District: 2 Z-25-000117
Vote: 14 for, 0 against, 1 absent
hold until March 5, 2026 and direct staff to re-notice for consideration of D-1 Overlay