2012-81 REZONING PROPERTY - 1312 NORTH WATER STREET

Home Browse Search

Excerpts from Plan Commission minutes of October 4,2012 continued: believes that liquor sales negatively impact a residential area with these special populations. Mr. Tyus stated it is different when you are rezoning to a Planned Development as you do consider the impact it will have on the area. Chairman Livingston asked if there were other projects in the City similar to this that does not sell alcohol. Ms. Stickle said any of the convenience stores she has been involved with do sell liquor. Mr. Kent Newton asked if the existing area that is presently zoned 0-1 could be rezoned to B-2. Ms. Stickle stated in theory yes, however; staff told the previous owners they would not support it because B-2 opens up to a lot more intensive uses. Mr.Newton asked if the proposed building crossed the line separating the 0-1 District and the B-2 District. Mr. Cochran said it crosses by twenty-two feet. Mr. Newton asked if the building could be cut down by the twenty-two feet so it does not cross into the 0-1 District. Mr. Cochran said it would not fit the configuration and would eliminate the retail space to the north. Mr. Cochran said they tried to contact the neighbors to the east and left letters in their mailboxes and he did not get a response from them. Mr. Cochran said it would be unfortunate to lose this project. Mr. Frantz asked if someone would explain the negative impact that selling liquor has for the elderly or the disabled. Mr. Tyus stated during the summer and fall City staff has been taking walks through the neighborhoods. One of the things that is heard consistently for citizens is the proliferation of facilities that sell alcohol. Seniors and/or persons with disabilities are called out in Chapter 52 of the City Code as potentially being impacted by alcohol sales. Chairman Livingston asked if this is potentially circumventing what exists since part of this is zoned 0-1 and part is B-2. Mr. John Robinson said the 0-1 District in the Comprehensive Plan is intended to buffer intensive uses from residential uses. The proposed development erases the buffer and basically combines the B-2 District to the west with the 0-1 District to the east and makes it all business. Mr. Bill Clevenger asked if Walgreens would be able to bring back liquor at any given time. Mr. Robinson stated there are no zoning restrictions for the Walgreens Planned Development that would not allow liquor sales, however; they have to follow liquor license requirements. It was moved and seconded (Newton/Myatt) to forward Cal. No. 12-37 to the City Council with recommendation for approval with staff recommendation including the following: Omit d. Alcohol sales of any kind are prohibited at this development. Amend e. Hours of operation will be limited to the hours of 5:00 a.m. to 11:00 p.m. to read Hours of operation will be limited to the hours of 5:00 a.m. to 1:00 a.m. Motion carried 4—3 with Steve John, Donald Smith and Glenn Livingston voting no.