Lake Butler reconsiders alcohol rule for Wawa

BY TRACY LEE TATE

Special to the Times

A firm representing Wawa, Inc. has approached the City of Lake Butler regarding the possibility of being allowed an administrative variance to the section of the city code concerning restrictions on the location of businesses selling alcoholic beverages within 335 ft. of a church or school.

In the past, the commission has refused to consider changing the ordinance that creates these restrictions, but this time, they are going to take the time to consider the request.

Jarrod Stubbs, from the firm Kimley-Horn, spoke to the board during the public comments segment of the Tuesday, Feb. 20, meeting, although Stubbs was given more time than the usual three minutes usually allowed for comments. Stubbs said that his firm is assisting Wawa with a proposal to develop a gas station and convenience store located on a parcel west of the existing Circle K store on the east side of the intersection of Southwest Sixth Avenue and Southwest Sixth Street. Stubbs said that what was being requested was the possibility of revising Section 6-3 of the City of Lake Butler Code of Ordinances, which restricts the location of businesses selling alcohol. According to Stubbs, the main issue is the distance from the proposed development to Tiger’s Den Daycare, which is directly across the street and churches. He noted that there were existing businesses that were within a similar distance to daycares and churches that were currently allowed to sell alcoholic beverages.

 

Background of ordinance

According to Commissioner Melissa Hendrix, who stated that she had discussed these businesses with City Attorney John Maines and done extensive research herself, she wanted to “ensure there is clarity in the current existing businesses.” According to Hendrix, the ordinance in question was initially enacted in 1963 and was revised in 2011. The gas station/convenience store, now Circle K, was built in 1972, and, at that time, the daycare was not owned by the school district. She said she had talked with the church pastor and been told that the establishment would not interfere with the church. Hendrix told Stubbs that the main concern with the ordinance was the daycare.

 

Proposal for new store

Commissioner Rondoll Huggins said he would like to review the proposed modification to the ordinance and visit the area to see what other businesses are currently located next to the church.

Hendrix confirmed with Maines that a decision was not necessary at the current meeting. However, if the board reached a consensus to modify the ordinance, Maines would need to draft an ordinance modifying the existing one.

According to the proposal presented at the meeting, the Wawa would be a 6,372 square-foot convenience store with 16 vehicle fueling stations that would “sell packaged beer and wine sales as part of its sales offerings within the store, as is typical of convenience stores in the Florida market.” The document also states that the proposed development provides the required 335 feet from the store entrance to the church’s main entrance but fails to provide 335 feet in a straight line from the convenience store to the grounds of the Tiger’s Den. That distance is proposed at 171 feet, making the requested variation would need to reduce the required distance by +/- 164 feet. The proposal notes that the existing convenience store on the opposite corner is separated from the school grounds by only 233 feet. It is also noted that via the existing and planned pedestrian routes, the distance between the store property and the school grounds provides a separation of 499 feet.

According to estimates provided by Wawa, the proposed store will employ 30-40 individuals from the local area and generate +/- $5 million in taxable revenue for the city.

At this time, it is unclear whether the Lake Butler City Commission will seriously consider making the variance requested by the company, but it is sure to be discussed at the board’s next regular meeting on Tuesday, April 16.