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O-89-2434 - 11/21/1989ORDINANCE NO. 0nI 3 L AN ORDINANCE GRANTING A VARIANCE TO THE PROVISIONS OF CHAPTER 1, SECTION 8, SUBSECTION C, CODE OF ORDINANCES, CITY OF ROUND ROCK, BY ALLOWING THE SALE OF ALCOHOLIC BEVERAGES AT A LOCATION WITHIN 300 FEET OF A CHURCH, PUBLIC SCHOOL, OR HOSPITAL. BE IT ORDAINED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, I. That a variance be granted to Triple S. Petroleum Company to permit the sale of beer and wine at its Texaco station located at 1515 Round Rock Avenue in accordance with Chapter 1, Section 8.D., Code of Ordinances, City of Round Rock, Texas. II. The City Council hereby finds that the provisions of Chapter 1, Section 8.C., creates an undue hardship for the applicant, Triple S. Petroleum Company, in that beer and wine is already being sold at two other businesses which are located within 300 feet of the Round Rock High School. Further, the Council finds that to deny a permit to the applicant would be inequitable. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other section or provisions thereof. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of , 1989. Alternative 2. READ and APPROVED on first reading this the /- day •-....-vr �..r , 1989. APPROVED and ADOPTED on second reading this the c9// day of 1989. READ, ATTEST: JO( E LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas C-OR11099B :9, 66 4/ MICHAEL BENNETT 743/362 5.63 Ac SHY EE f 1 i N` 0 i I i TEXAC ELMER McLESTER C� 685/470 114.472 Ac) 13.539 Ac 02 421.37 808 II AUSTIN WHITE 428/516 Ci8 5 Ac) 1 LIME CO 98 1 ROUND ROCK I S. D. G88/410 1t 1� ir r)��)�20.04Ac 1Asr—. VEIL i i 1 s) ROUND ROCK AVE. ROUND ROCK 1. S. 0. SCHOOL L_ I �_IVI r • v D I )� n N REFER BAPTIST MISSIONARY ASSOCIATION Cf TEXAS e. 612/607 6.0 Ac TANGLEV N r +4RIEIFE /R TO 3 6C 1 4/* Alt #4744‘ :CA r Lo aP :PARK) October 25, 1989 Ms. Joanne Land Assistant City Manager 221 East Main St Round Rock, Texas 78664 Re: 1515 Round Rock Avenue Dear Ms. Land: RECEIVED i; i; `J" 2 8 1989 PETROLEUM CO This letter is to request a variance to City Ordinance 2073, Chapter 1, section 8, subsection C (4) to sell alcholic beverages within 300 feet of a public school. I would appreciate it if you would expedite this request due to the fact we have opened the store and obtained a State of Texas Off Premise Beer and Wine License. It was my understanding that when the City Manager signed the State of Texas application, that certified to the State that we were in compliance with all municipal ordinances and regulations. We submitted the application to the City with a letter attached that was sent to the Principal of Round Rock High School informing him that we were within 300 feet of the school. I personally met with several members of the School Board to discuss the license and we agreed to modify the joint use driveway in return for the School Board not opposing our application. With the compromise, I thought it ended any objections the City had. We at no time con- cealed the fact we were within 300 feet of the school. I hope this will clarify the matter. Please let me know when this item is posted for Council action. If you have any questions fee free to call me at 385-2020. Ford Smith Jr. TRIPLE S PETROLEUM FSJ/ms P.O. BOX 6156 • AUSTIN, TEXAS 78762 • PHONE (512) 385-2020 SECTION 8: MANUFACTURING, DISTRIBUTING, AND SELLING ALCOHOLIC BEVERAGES WITHIN CITY LIMITS A. PERMIT AND/OR LICENSE FEE REQUIRED (1) The City of Round Rock shall levy and collect one- half (i) of the state fee collected for each permit issued under the Alcoholic Beverage Code for premises located within the corporate limits of the city. (2) The City of Round Rock shall levy and collect one- half (z) of the state fee for each license, except a temporary or agent's beer license, issued under the Alcoholic Beverage Code for premises located within the corporate limits of the city. B. SELLING OF ALCOHOLIC BEVERAGES RESTRICTED TO CERTAIN HOURS Any person, firm, or corporation authorized to offer for sale alcoholic beverages within the city limits of Round Rock will do so only during the hours authorized under the Alcoholic Beverage Code. C. SALE OF ALCOHOLIC BEVERAGES WITHIN THREE HUNDRED FEET (300') OF A CHURCH, PUBLIC SCHOOL, OR. PUBLIC HOSPITAL PROHIBITED (1) The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. (2) The measurement of the distance between the place of business where alcoholic beverages are sold and the public school shall be from the nearest property line of the public school to the nearest doorway by which the public may enter the place of business, along street lines and•in direct line across inter- sections. (3) For any permit or license covering a premise where minors are prohibited from entering the premises under the Texas Alcoholic Beverage Code, section 109.53, the measurement of the distance between the premises and a public school shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections. (4) The sale of alcoholic beverages within three hundred feet (300') of a church, public school, or public hospital as determined by measurements prescribed in this section is prohibited. 5 Supp. No. 7 D. VARIANCES The council of the City of Round Rock may allow variances to the provisions of subsection C., above, if the council determines that enforcement of that subsection is not in the best interest of the public, constitutes waste or inefficient use of the 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 council of the City of Round Rock, after consideration of the health, safety and welfare of the public and the equities of the situa- tion, determines -is in the best interest of the community. (Ordinance No. 2073 of November, 10, 1983) SECTION 9: PUBLIC DISCLOSURE OF REAL ESTATE HOLDINGS REQUIRED FOR CERTAIN OFFICIALS A. MAYOR AND CITY COUNCILMEN TO FILE SWORN STATEMENT Within thirty (30) days of being elected to the City Council and on each anniversary of that date, the Mayor and each City Councilman shall file with the City Secre- tary a sworn statement listing all real estate located within the corporate limits or extra -territorial juris- diction of Round Rock of which said officials have a five (5%) percent or more interest. B. PLANNING AND ZONING COMMISSIONERS TO FILE SWORN STATEMENT Within thirty (30) days of being appointed to the Planning - and Zoning Commission and on each anniversary of that date, each Commissioner shall file with the City Secretary a sworn statement listing all real estate located within the corporate limits or the extra -territorial jurisdiction of Round Rock, of which said Commissioners have a five (5%) percent or more interest. C. CITY SECRETARY TO MAINTAIN FILE OF STATEMENTS The City Secretary shall maintain a file for all such statements to be made available at reasonable times for inspection by the public. (Ordinance No. 566 of September 28, 1978) 6 Supp. No. 7 DATE: November 17, 1989 SUBJECT: City Council Agenda, November 21, 1989 ITEM: IOB. Consider an ordinance approving a variance for Triple S. Petroleum Company (Second Reading) STAFF RESOURCE PERSON: Joe Vining STAFF RECOMMENDATION: APPROVAL OF THE VARIANCE BACKGROUND: ORDINANCE 2073, ADOPTED NOVEMBER 10, 1983, PROHIBITS THE SALE OF ALCOHOLIC BEVERAGES WITHIN THREE HUNDRED FEET (300') OF A CHURCH, PUBLIC SCHOOL, OR HOSPITAL. THE ORDINANCE PROVIDES A METHOD FOR MEASURING THESE DISTANCES AND SPECIFIES THE MOST STRINGENT CONDITIONS FOR A PUBLIC SCHOOL. THE ORDINANCE ALSO PROVIDES FOR VARIANCES AS FOLLOWS: THE COUNCIL OF THE CITY OF ROUND ROCK MAY ALLOW VARIANCES TO THE PROVISIONS OF SUBSECTION C.,, ABOVE, IF THE COUNCIL DETERMINES THAT ENFORCEMENT OF THAT SUBSECTION IS NOT IN THE BEST INTEREST OF THE PUBLIC, CONSTITUTES WASTE OR INEFFICIENT USE OF THE 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 COUNCIL OF THE CITY OF ROUND ROCK, 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. ANALYSIS: THE APPLICANT, TRIPLE S. PETROLEUM CO. IS SEEKING THIS VARIANCE TO PERMIT THE SALES OF BEER AND WINE AT THEIR TEXACO STATION LOCATED AT 1515 ROUND ROCK AVENUE. THIS SITE IS ADJACENT TO THE WEST LINE OF THE ROUND ROCK HIGH SCHOOL PROPERTY. BEER AND WINE IS ALREADY BEING SOLD IN AT LEAST TWO LOCATIONS WITHIN 300' OF THE SCHOOL PROPERTY; NAMELY THE 7-11 AND PIZZA HUT. LIQUOR WAS ALSO PREVIOUSLY SOLD IN THE SAME COMMERCIAL CENTER AS THE 7-11. BOTH PROPERTIES ARE CLOSER TO THE SCHOOL BUILDINGS THAN THE APPLICANT'S PROPERTY. THE RECOMMENDATION IS BASED PRIMARILY ON THE EQUITY OF THE SITUATION. AS PREVIOUSLY STATED, ALCOHOLIC BEVERAGES CAN BE PURCHASED AT TWO OTHER LOCATIONS AND THE DENIAL OF THIS VARIANCE WOULD SERVE NO INTENDED PURPOSE OF TOTALLY REMOVING THE AVAILABILITY OF ALCOHOLIC BEVERAGES IN THE AREA. ECONOMIC IMPACT: Increased Sales Tax Revenue.