HomeMy WebLinkAboutRES 110822-5.B - Alcohol Sales Near East ViewRESOLUTION NO. /1D8,;72 '.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, WAIVING THE 300 FEET
MINIMUM DISTANCE REQUIREMENT UNDER CITY
CODE SECTION 6.40.50(A) FOR A PARTICULAR PLACE
OF BUSINESS SEEKING TO SELL ALCOHOLIC
BEVERAGES LOCATED AT THE SOUTHEAST CORNER
OF SH29 AND SH130.
WHEREAS, Section 6.40.050(A) of the City Code prohibits a person to sell or engage in
the business of selling any alcoholic beverage where the place of business of such person is
located within 300 feet of a church, public or private school, or public hospital; and,
WHEREAS, Section 6.40.060 allows the City Council to waive the prohibition under
Section 6.40.050(A) if the City Council makes a certain determination; and,
WHEREAS, there is one public school located within 300-feet of the particular place of
business, East View High School at 4490 East University Ave., Georgetown, TX 78626; and,
WHEREAS, the City Council has considered the Vision 360 request to waive the alcohol
sale prohibition within 300 feet of a school attached as Exhibit A.
WHEREAS, the City Council has considered the Georgetown Independent School
District statement supporting the waiver included within Exhibit A; and,
WHEREAS, the City Council has determined that enforcement of the prohibition is not
necessary; would not serve its intended purpose; and would create an inefficient use of land.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS, THAT:
Section 1. The facts and recitations contained in the preamble of this resolution are
hereby found and declared to be true and correct and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim.
Section 2. Pursuant to Section 6.40.060, the City Council hereby waives the Section
6.40.050(A) 300-feet minimum distance requirement where the place of business of such person
is located within 300 feet of a church, public or private school, or public hospital for a particular
place of business located at the southeast corner of SH29 and SH130 as described in Exhibit A.
Section 3. The Mayor is authorized to sign the Resolution and the City Secretary to
attest.
Section 4. This Resolution shall become effective and be in full force and effect on its
execution by the Mayor.
Resolution No. &P24a- ,8 Page 1
Waiving Alcohol Sales Minimum Distance Requirement for a Particular Business
November 8, 2022
RESOLVED this day of November 2022.
ATTEST: THE C V F GEORGETOWN:
By: By:
P,4� City Secretary 1 h chroeder, May
APPROVED AS TO FORM:
By: �Ai L
Skye afassob, City Attorney
Resolution No. I Z2-5,5 Page 2 of 2
Waiving Alcohol Sales Minimum Distance Requirement for a Particular Business
November 8, 2022
G
October 12, 2022
Mayor Josh Schroeder
City of Georgetown
808 Martin Luther King Jr. Street
Georgetown, TX 78626
Re: SH 29/SH 130 Proposed Development
Dear Mayor and City Council:
Dr.Fred Brent
Superintendent of Schools
Please accept this letter as evidence of Georgetown ISD's support of the proposed commercial
development located at the southeast corner of SH 29 and SH 130. The District supports the
granting of a variance to the City code requiring 300 ft separation between the property lines of
East View High School and the proposed commercial development.
Please let me know if you have any questions regarding our support of the variance request.
Best regards,
bred Brent, E D.
Georgetown ISD
507 E. University Avenue R 512-943-5000
l � www.georgetownisd.org
Georgetown, TX 78626 �oJ F: 512-943-5004
Ms. Robyn Densmore
City Secretary
City of Georgetown
Submittal
City Hall
808 Martin Luther King Jr. Drive Georgetown, TX 78626
Na Electronic
Re: East View Terrace Alcohol Sales Waiver
Dear Ms. Densmore:
This letter is in regard to the above -mentioned project as it relates to Subsection 6.40.50(A) of the City of
Georgetown Code of Ordinances regarding the minimum distance requirements of alcohol sales located
within 300 feet of a public school. The project in question is located at the southeast corner of State
Highway 130 and State Highway 29 in Georgetown. The project's eastern property boundary is shared
with the western property boundary of East View High School. The project will include a Class A
commercial business whose business model includes the sale of alcohol. A waiver regarding alcohol
sales within 300 feet of a public school is respectfully requested from the Georgetown City Council. The
closest East View buildings are approximately 600' from the common property line between the
commercial development and the school. In order to achieve the 300 foot distance from property line to
property line, a lot would be required to be created between East View High School and the commercial
business in question. This would result in an inefficient use of land due to the setbacks required by the
additional lot lines. A letter of support from Dr. Fred Brent, Superintendent of the Georgetown
Independent School District, in support of the proposed waiver has been obtained and has been included
as an attachment to this letter. In light of the letter from the Superintendent in support of the waiver,
requiring the 300 foot distance between the school and the commercial user is not necessary and would
not serve the intended purpose of the prohibition of Subsection 6.40.50(A) of the City of Georgetown
Code of Ordinances.
Best Regards,
Daniel Hart
Authorized Development Consultant
Phone (512) 394-6022 203 Bird Stone Lane
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