Ordinance No. 11,782ORDINANCE NO. 11,782
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A LIMITED VARIANCE TO SECTION 6 -2 (A)(2)
OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO
WALGREEN CO., TO ALLOW THE ISSUANCE OF A WINE AND BEER
RETAILER'S OFF - PREMISE PERMIT AT A PROPOSED
PHARMACY /CONVENIENCE STORE TO BE LOCATED AT 1515 N.
ALEXANDER DRIVE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
WHEREAS, Walgreen Co., seeks a variance to Section 6 -2 of the Code of Ordinances,
Baytown, Texas (the "Code ") in order that it may construct a pharmacy /convenience store at
1515 N. Alexander Drive; and
WHEREAS, Section 6 -2 of the Code prohibits the sale of alcoholic beverages by a dealer
whose place of business is within 300 feet of a day care center or a child care facility; and
WHEREAS, the "Let's Learn Christian Learning Center" is located at 1511 N. 10th
Street and is approximately 290 feet from the property, on which Walgreen Co., desires to
construct a pharmacy /convenience store; and
WHEREAS, there are numerous establishments in the area that currently sell alcohol for
on or off - premises consumption, including two filling stations, a grocery store, a restaurant, a
bowling alley, a pharmacy /convenience store, and a bar; and
WHEREAS, City staff visited with the owner of the day care, who indicated that she has
no objection to the proposed development and also indicated that she has had no issues with the
sale of alcohol that occurs at the adjacent CVS Pharmacy; and
WHEREAS, Section 109.33(s) of the Texas Alcoholic Beverage Code allows for the City
Council to grant a variance to the distance regulations established by the City Council in Section
6 -2 of the Code if the City Council determines that the enforcement of the regulations in a
particular instance
➢ is not in the best interest of the public,
➢ constitutes waste or inefficient use of land or other resources,
➢ creates an undue hardship on an applicant for a license or permit,
➢ does not serve its intended purpose,
➢ is not effective or necessary, or
➢ for any other reason the City Council, after consideration of the health, safety, and
welfare of the public and the equities of the situation, determines is in the best interest of
the community; and
WHEREAS, the City Council finds that in the instant case a variance is appropriate, as
the enforcement of the distance requirement set forth in Section 6-2(a)(2) of the Code on the
proposed pharmacy/convenience store at 1515 N. Alexander Drive is not in the best interest of
the public, creates ail undue hardship oil Walgreen Co., does not serve its intended purpose,
and/or is not effective or necessary; NOW TI IEREFORE,
BE IT ORDAINED BY THLs CITY COUNCIL OF TFIE CITY OF BAYTOWN,
TEXAS:
Section 1: That all matters and facts set forth in the recitals hereinabove are found to
be true by the City Council ofthe City of'Raytown, Texas.
Section 2: That the City Council of the City of' Baytown hereby grants a limited
variance to Section 642 (a)(2) of the Code of Ordinances, City of Baytown, Texas, to Walgreen
Co., to allow the issuance of a wine and beer retailer's off'-prenuse pernut at a proposed
pharmacy /convenience store to be located at 1515 N. Alexander Drive. Such variance shall be
granted for a one-year period commencing on the date of' the passage of this ordinance. Should a
wine and beer retailer's off-premises permit not be issued oil or before October 26, 2012, 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 or Baytown.
INTRODUCED, READ and PASSE"D by the affirm, of the City Council Of the
City of Baytown this the 27"' day of October, 2011. t
S-} PHEN-H71'10NCARLOS, Mayor
MEWE".1-OWNW,
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