2012-81 REZONING PROPERTY - 1312 NORTH WATER STREET

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Excerpts from Plan Commission minutes of October 4,2012 continued: Mr. Cochran said the west two-thirds of the property is zoned B-2 which allows convenience store extended hours and liquor sales. Mr. Cochran said this location would be eligible for a Class B liquor license. Mr. Cochran stated if this petition is denied the developer will come back to the City with a site plan for the west two-thirds of the property and will open a convenience store and remove the sandwich shop, Laundromat and the retail space. He does not understand why the City is tying the hands of the developer. The City of Decatur is crying for economic development. Mr. Jack Myatt asked if the convenience store is asking to be open twenty-four hours. Mr. Cochran stated the developer would like to be in operation until one (1) a.m. at first and then adjust his hours as to how the business is going. Mr. Myatt asked why staff recommended prohibiting alcohol sales. Ms. Suzy Stickle said staff felt as if they could not support the Planned Development with the liquor being on site because it does not have a positive impact in the area. There are churches, daycare, elderly disabled housing and a mentally ill housing facility in the area. Mr. Cochran said there will be a six (6) foot site break fence along the entire property line with significant landscaping between the fence and the neighbors to the east. Mr. Jim Alpi, Director of Capital Programs for Decatur Housing Authority (DHA), was sworn in by Mrs. Poland. Mr. Alpi stated the DHA is heavily invested in this neighborhood. DHA has an eighty-six unit high rise for elderly disabled people which is immediately across the street and they have other scattered sites throughout the neighborhood. Wabash Crossing is also in this neighborhood. The DHA has been trying to redevelop this neighborhood in a residential fashion. Mr. Alpi said the DHA supports the mixed use development at this site and also supports staff recommendation to prohibit liquor on this site as they are trying to build the residential character of the neighborhood. Over the years, experience has shown that when package liquor stores are adjacent to or in the middle of residential properties it is not so much the consumption on site, it is the spillover effect that they have witnessed surrounding these facilities. They have observed this is not just people driving in and picking up their goods and driving off, it is a different situation in these types of neighborhoods. This is the reason they support staff's recommendations. Ms. Tina Rice, Property Manager for Wabash Crossing, was sworn in by Mrs. Poland. Ms. Rice stated she whole heartedly agrees with City staff recommendation. She has 471 families to worry and be concerned about. She has worked very hard with Eastlake to make these safe neighborhoods. Ms. Rice said there are a lot of options to buy liquor in the area and does not see how adding another would benefit the area. Ms. Tyeshia Nelson was sworn in by Mrs. Poland. Ms. Nelson stated she is at the meeting to represent Reasonable Service which is located at 321 East Leafland Avenue. Ms. Nelson said she supports the City's recommendation for no alcohol sales. She stated that through Reasonable Service they provide a lot of youth development and she does not believe the liquor sales would be positive for the area. Ms. Nelson said that Reasonable Services is housed within Kingdom Come Ministries which is a church about a block away from the proposed development site. Mr. Steve John asked if there was a general policy that would create a foundation for staff to make a recommendation to prohibit liquor sales near a residential area. Mr. Billy Tyus said there are special populations in the area that are called out in the City Code in dealing with liquor licenses. City staff