FARMINGTON -- Farmington City Council voted 7-1 Monday night to approve an ordinance to allow the sale of on-premise and off-premise alcoholic beverages in commercial and residential-office zones.
The ordinance to designate zoning districts for alcohol sales allows on-premise consumption of alcoholic beverages in dine-in restaurants only, not fast food or drive-in style restaurants, in C-1, C-2 and residential-office (R-O) districts.
The sale of off-premise alcoholic beverages will be allowed in retail grocery stores, liquor stores and convenience stores in the C-2 (or highway commercial) zone and as a conditional use in C-1 zones.
Alderman Keith Lipford opposed the ordinance, saying he did not believe the city should allow the sale of alcoholic beverages in R-O zones.
"We're opening a can of worms. We're letting alcohol in R-O," Lipford told Council members.
City Attorney Steve Tennant, presiding over the meeting in the absence of Mayor Ernie Penn, explained that the ordinance allows alcoholic beverages in an R-O zone because Jim's Razorback Pizza on Southwinds Drive is located in an R-O zone and city did not want to exclude the pizza restaurant from being allowed to serve alcohol.
"If not for that one dine-in restaurant, we probably would not have included the R-O zone," Tennant said.
Melissa McCarville, city business manager, also explained that an R-O zone is intended to allow businesses that are more related to residential uses and is considered a transitional zone between businesses and residential areas.
A restaurant was allowed in the retail center on Southwinds as a use on appeal because restaurants by right are not allowed in a residential-office zone, McCarville said.
"Wouldn't it make more sense to zone them correctly?" Lipford asked, referring to Jim's Razorback but McCarville noted areas are rezoned at the request of the property owner, not by the City Council.
Lipford encouraged the Council to consider businesses that may come in during the next 10 years, not just to look at the current situation. He noted that several areas in the city are zoned R-O and in the future, the potential exists for alcohol sales at those properties.
In particular, Lipford pointed to a house on Highway 170 that was rezoned from residential to R-O at the owner's request to open a business. The house is in a residential area.
Council member Linda Bell asked Tennant if he felt comfortable with the ordinance as it was written and he said he did. Tennant said he did not expect someone in an R-O zone "off the beaten path" to come in and open a restaurant.
"I think it fits," Tennant told the Council.
The ordinance also included an emergency clause. This was approved 7-1, with Lipford voting against the emergency clause.
After the meeting, Lipford said his intent was to protect Farmington 10 years from now.
"Alcohol sales should be designated in commercial zones," Lipford said. "R-O is not a commercial zone."
In other action Monday, City Council approved an ordinance ordering the demolition and removal of a structure at 89 Double Springs Road.
Tennant addressed Council members last month about concerns with the house expressed by 16 neighbors and residents in the area. The house was damaged by fire last summer and has been uninhabitable since then.
"It is a process, folks," Tennant said at Monday's meeting. "These folks have been waiting out there."
Tennant said the problem may resolve itself without the city going to the expense to tear down the house. A mortgage exists on the house and the owner is pursuing foreclosure. Someone is interested in purchasing the property, demolishing the structure and building a new house on the property, Tennant said.
Tennant said he would give it a couple of days for this to happen. If it doesn't, then the city will have an ordinance in place to demolish the house.
Residents also have complained about a second property on Double Springs Road and city staff continues to pursue action against this property, Tennant said.
In addition, the Council approved two new volunteer firefighters, Kyle Martin and Wes Mayby. Both work for Fayetteville Fire Department. Maybe also is a paramedic.
General News on 02/15/2017