Prospective Belmont Hills Businesses Can Pour Alcohol Despite Proximity to New School
Requirements for alcohol pouring vary depending on a property’s use.
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Much has changed since Halpern Enterprises first made plans to develop Belmont Hills into a mixed-use center in 2008 and not just economic conditions. There’s a new elementary school being constructed on a portion of the site and this had some Smyrnans questioning whether businesses would be able to pour alcohol on the premises once the development is complete. But Smyrna’s Community Development Director Ken Suddreth said this won’t be a problem.
In most cases, a business isn’t permitted to pour alcohol within 600 feet of a church or school, Suddreth said. However, because Belmont Hills is zoned as a mixed-use development that requirement is reduced to 100 feet.
“A mixed use by its very nature encourages the combination of different types of uses,” he said. “So it just has different requirements. Belmont is a mixed use. It’s not the 600 feet that people may be used to. It’s 100 feet.”
This exemption is written into Smyrna’s Code of Ordinance concerning alcoholic beverages:
Sec. 6-118. - Distance from certain locations.
(a) It is the policy of the city that, in keeping with the purposes of this article, any premises proposed for license for the sale of alcoholic beverages shall be at a suitable distance from a school, church, park, public building, library, and residence.
(b) A suitable distance shall be as follows:
(6) Within the area defined as Smyrna Central Downtown or within property zoned to a mixed use zoning category, a license for the pouring of distilled spirits or for pouring wine and malt beverages, it shall be 100 feet from a school, and 100 feet from a church, and no distance requirement from a residence, park, public building or library.
Halpern Enterprises recently submitted a rezoning application to the city. A public hearing for this request is scheduled for the Planning and Zoning Board meeting Monday, Sept. 10 at Smyrna City Hall.
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Lissa K.
12:27 pm on Tuesday, August 28, 2012
(7) Within the area defined as Smyrna Central Downtown or within property zoned to a mixed use zoning category, a license for package wine and malt beverages with or without the wine specialty shop add on, a suitable distance shall be 300 feet from a church, and no distance requirement from a residence, park, public building, or library.
So schools aren't included. Or are they considered public buildings?
There's a perfect storm brewing at Belmont Hills. You could have several schools within walking distance of liquor pouring or selling.
Lissa K.
12:30 pm on Tuesday, August 28, 2012
But what will probably happen is only apartments will be built at Belmont Hills. Putting the school there made it too difficult to build many businesses. It's obvious why the city did what they did but crisis management isn't good management. Smyrna is going from bad to worse.
Jonquil Gardener
2:00 pm on Tuesday, August 28, 2012
Fire! Fire! Fire! Hey ~ Lissa K and anyone else who feels like making up fake issues. There's no smoke yet, so why are you yelling fire?
This is a big fat "non issue". All of the areas in both the new and old plans that appear to show as retail (potential for alcohol sales) are more than 300 feet away. Most are more than 600 feet. The main retail along Windy Hill where restaurants might go is almost 1000 feet away!
Besides, even if they weren't far enough, the city can still grant variances and that would make sense for a typical restaurant which might sell some beer or wine with dinner, so who cares!
Quit griping about issues that are not really even issues. At worst this site might be difficult for a liquor store owner to come in (and thank god for that). This developer apparently builds all over the metro area and I think they deserve a little more credit that you give them. I think they are plenty smart enough to have done their homework before selling that parcel to the School Board.
MS
8:43 am on Wednesday, August 29, 2012
Sean Murphy take a hike.
The ordinances are meaningless. 100 ft. in one place, 600 ft. in another place. The product stays the same but the distance changes.
Brian
12:48 am on Wednesday, August 29, 2012
Why is church included? It's not a public use, since churches are private and not state-religion. I thought there was a separation of church and state. A church shouldn't dictate what can go in nearby. Additionally, some churches serve wine as part of communion.
Jonquil Gardener
8:37 am on Wednesday, August 29, 2012
This is a thread about Belmont, please Brian do not start a religious debate here.
Cunningham
9:50 am on Sunday, September 2, 2012
Jonquil Gardner, this is a thread about zoning as relative to Belmont. That is a perfectly good and relative point Brian makes.