Ordinance No. 9,806ORDINANCE NO. 9806
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
® GRANTING A VARIANCE TO SECTION 6 -2 OF THE CODE OF ORDINANCES,
CITY OF BAYTOWN, TEXAS, TO SHANA PRENTICE TO ALLOW THE
ISSUANCE OF AN ALCOHOLIC BEVERAGE PERMIT FOR ON- PREMISE
CONSUMPTION FOR A RESTAURANT WITH A MIXED - BEVERAGE PERMIT
AND A FOOD AND BEVERAGE CERTIFICATE TO BE LOCATED IN RENTAL
UNIT 18 OF THE BAY PLAZA SHOPPING CENTER IN THE 2300 BLOCK OF
NORTH ALEXANDER DRIVE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
WHEREAS, Bay Plaza Shopping Center is a 13.9-acre site, located in the 2300 block of North
Alexander Drive, which shares a common property line with James Bowie Elementary School, and on
which a day -care center is located; and
WHEREAS, because of this common property line with the school and the location of the day-
care facility, the Code of Ordinances prohibits the sale of alcoholic beverages within the Bay Plaza
Shopping Center; and
WHEREAS, on February 13, 2003, City Council approved a conditional, limited variance from
the application of Section 6 -2 of the Code of Ordinances to allow the issuance of a wine and beer
retailer's off - premises permit for a new grocery store to be located in rental of units 10, 11, and 12 of Bay
Plaza Shopping Center; and
WHEREAS, on March 27, 2003, City Council approved a conditional, limited variance from the
application of Section 6 -2 of the Code of Ordinances to allow the issuance of a mixed beverage permit for
on- premise consumption and a food and beverage permit for a new restaurant to be located in rental of
unit 1 1 of Bay Plaza Shopping Center; and
WHEREAS, the City has recently received a request for a variance from the application of
Section 6 -2 of the Code of Ordinances to allow the issuance of a mixed beverage permit for on- premise
consumption and a food and beverage permit for a new restaurant to be located in rental of unit 18 of Bay
Plaza Shopping Center; and
WHEREAS, because of the following factors, the City Council of the City of Baytown desires to
allow a limited variance to Section 6 -2 of the Code of Ordinances to allow the issuance of a mixed
beverage permit for on--premise consumption and a food and beverage permit for a new restaurant to be
located in rental of unit 18 of Bay Plaza Shopping Center:
➢ within the Bay Plaza Shopping Center, two other businesses are licensed by the Texas
Alcoholic Beverage Commission for the sale of alcoholic beverages;
there is no direct public access between the school and the proposed restaurant site;
9 the day -care facility is located toward the south end of the center and is generally served
by a separate parking lot; and
9 the current method of measuring the distance between a place of business where
• alcoholic beverages are sold and a school or a day -care center were enacted in 1997,
long after the development of the shopping center; NOW THEREFORE,
® BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby finds that the above -
referenced recitals are true and correct.
Section 2: That the City Council of the City of Baytown hereby grants a variance to Section
6 -2 of the Code of Ordinances, City of Baytown, Texas, to Shana Prentice to allow for the issuance a
mixed beverage permit for on- premise consumption and a food and beverage permit for a new restaurant
to be located in rental of unit I I of Bay Plaza Shopping Center located in the 2300 block of North
Alexander Drive. Such variance shall be granted for a twelve -month period commencing on the date of
the passage of this ordinance. Should a mixed beverage permit for on- premise consumption and a food
and beverage permit not be issued on or before May 26, 2005, this variance will automatically expire.
Section 3: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ AND PASSED by the affirmative vote of the City Council of the City of
Baytown this the 27th day of May, 2004.
r
CALVIN MUNDINGER, Mayor
ATTEST:
A
GAY W.ttMll K-City Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, S ., ity Attorney
• \\Bdc2 \litigationlKaren \Files \City Council\ Ordinances\ ApproveVariance4AlcoholieBeveragePennit4RestaurantPrentice .doc