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HomeMy WebLinkAbout01-20-89 Zoning & Vacation O timmmee Ittpart ZONING AND VACATION COMMITTEE MD tilt Commit &tounttl of tI'e CV of ! $eitbt The January 20, 1989 meeting of the Zoning and Vacation Committee was called to order by its Chair Person Council Member Lee Slavinskas at 4:15 p.m. in the Council informal meeting room. • Persons in attendance included Council Members: Niezgodski, Slavinskas, Luecke, Coleman, Puzzello, Duda, and Soderberg; Kevin Butler, Howard Dukes, and Kathleen Cekanski-Farrand. Council Member Slavinskas noted that the purpose of the meeting was to review Bill No. 104-88 addressing the definition of controlled uses. He noted that Council Member Voorde had telephoned him` earlier to inform him that he would be unable to make the committee meeting. Council Member'.Slavinskas stated that the Bill would add a new definition . to .the controlled uses namely "those establishments which sell beer, wine or intoxicating liquor for carry out. " He stated that there should be a consistent handling of alcoholic beverages. It involves a neighborhood issue as well as selling a "commodity" and a "controlled item" . He believes that there are conflicting messages . being sent. He further stated that the 1, 000 foot restriction is reasonable and that this ordinance would not step into the area which is controlled by the Alcoholic Beverage Commission. He also noted that selling of such alcoholic beverages does affect neighborhoods. He cited South Bend Avenue as an example of how the Bill would be implemented with the new definition being added to the other definitions of controlled uses. He stated that he does not see this as a question of competition but rather a regulation of the number of outlets and strengthening the neighborhoods. He also added that the Area Plan Commission as well as the staff of the Area Plan Commission recommended that the Bill be sent favorably to Council. Council Member Puzzello noted that most of the controlled uses are establishments where children are not allowed. She stated that she would support the Bill if it was restricted to liquor stores only but believes it is to inclusive by including grocery stores and drug stores. She also voiced concern with regard to the availability of such products in neighborhoods for religious or medical purposes and that such items consumed in moderation are acceptable. She also noted that grocery stores "almost have to sell beer and wine to make it. " Council Member Niezgodski questioned the economics of such a Bill. He noted that often times there are "leader items" where there is a sale on an alcoholic item and the customer Zoning and Vacation Committee 1-20-89 Page 2 buys additional items when coming into the store. He also questioned the doctrine of the legal nonconforming use and the grandfathering issue. Council Member Coleman noted that the Alcoholic Beverage Commission reviews each request on a case by case basis. He noted that he does not want to promote wide spread availability to alcoholic beverages but does not want to eliminate free trade in this area. Council Member Luecke stated that if the Bill would be consistent should not family restaurants also be addressed. He noted that alcohol is a problem in this culture but that he has concern for the businesses who have made the decision to sell such intoxicating liquors. He questioned whether the Bill accomplishes the goal sought. Mr. Kevin Butler, an Attorney representing Walgreens and Osco's stated that the Bill would have a definite effect on drug stores and grocery stores. He stated that liquor stores are "quoted out" since regulations only permit only one per 5, 000 population and currently there are 27 or 28 such licenses issued in South Bend. Transfers of such permits are permitted but no new licenses for carry out liquor stores have been permitted. He stated that he believes the overall Bill is discriminatory against such clients as his. He further noted that Osco's and Walgreens are typically built from scratch and have segregated liquor areas. He stated that each store oversees the operation by making sure that only person who are 21 years older work in the area, that the stock rooms are locked, that records are maintained. He stated that you will not see citations being issued against his clients since typically violations are against the taverns which have carry outs or the straight liquor stores. He also noted that they have specific procedures in effect if an ID is in question or dispute. He also noted that if Walgreens or Osco's would have a liquor violation that they would automatically loose their pharmacy license. Council Member Duda stated that she respects what Council Member Slavinskas is trying to do especially with regard to how close is effects her own family. She stated that, however, that she does not want to legislate morals. Kathleen Cekanski-Farrand, the Council Attorney, reminded the Committee that they must review the proposed zoning bill as to whether it is a legitimate mechanism to regulate this type of use. She noted that the US Supreme Court had determined that zoning regulations were appropriate when addressing deleterious types of uses which congregate in specific areas of the City. Zoning and Vacation Committee 1-20-89 Page 3 Council Member Luecke questioned where the 1, 000 foot requirement begins. It was noted that Mr. Mathews in the Building Department has developed specific rules and regulations in this area. Mr. Butler stated that further definition of the 1,000 foot requirement would be helpful in the zoning ordinance. Council Member Coleman stated that in weighing the many issues raised by such a bill that overall the negative effects outweigh the positive. He, therefore, made a motion seconded by Council Member Puzzello that Bill No. 104-88 be recommended unfavorably to Council. The motion passed by a 2 to 1 margin with Council Member Slavinskas in the minority. Council Member Puzzello stated that Ann Kolata plans to bring a map to Monday's meeting showing where the controlled uses are currently concentrated throughout the City. There being no further business to come before the Committee, the meeting was adjourned at 5:30 p.m. Respectfully submitted, Council Member Lee Slavinskas, Chair Person Zoning and Vacation Committee LS:srk