By Moses Leos III
A rezoning that would have allowed a new business to sell liquor for off-premise consumption died Tuesday night in Buda.
By a 4-3 vote, the Buda City Council denied the second reading of a rezoning application for an empty lot at 318 Main Street.
Council’s decision leaves co-owners Debbie and Sherri Mylius and Amy Knight in limbo. The status of their specialty grocery, delicatessen and liquor store is now uncertain.
“[Council members] weren’t considering the residents of Buda — the growth and the tax revenue,” Knight said. “They are shooting themselves in the foot.”
Had the application passed, the lot would have been reclassified for arterial commercial/office/retail, allowing for liquor sales. However, only 25 percent of the square footage could be dedicated to liquor.
Tuesday’s vote took a turn from the first reading on June 17, which passed 4-3.
Mayor Pro-Tem Bobby Lane, who voted yes on June 17, changed his vote Tuesday.
“One of my platforms has been public health and safety,” he said. “This speaks to the heart of that.”
Council members Eileen Altmiller, Wiley Hopkins and George Haehn were steadfast in their rejection.
Hopkins, who said the store “wasn’t a good match for historical downtown,” believes the sale of liquor for off-premise consumption could spur alcohol related crimes and traffic issues.
Haehn said on the dais Tuesday the store could further alter downtown Buda.
“The character of downtown is changing, and not in a good way,” he said. “We are becoming a mini sixth street.”
Altmiller’s concern stemmed from the zoning process itself. She said the public trust could have been lost in the zoning process had the application passed.
Mayor Todd Ruge and council members Angela Kennedy and Jose Montoya supported the measure.
Kennedy disagreed with Hopkins claim, saying the two existing downtown bars dispelled public intoxication concerns.
She believed the specialty foods aspect would counter balance liquor sales. That reason would allow the store to blend in on Main Street; a business she said Main Street needs.
“All concerns about the seedy liquor store weren’t founded in this case,” she said.
Rules and regulations that govern liquor stores were a selling point for Ruge. Per Texas Alcoholic Beverage Commission law, stores that sell liquor for off premise consumption must close at 9 p.m. and on Sunday — a point made by Lane at the June 17 meeting.
Both Ruge and Kennedy pointed to the passage of Proposition 1 in 2012. The measure, which passed with 79 percent of the vote, allowed for businesses to sell liquor with a beer and wine permit.
The issue struck a chord with Memory Lane Antiques owner Eileen Conley, who opposed the liquor store, saying crime will follow. She said council should focus on helping draw different businesses to downtown.
Julie Renfro, owner of Tavern on Main, supported the store.
“As a downtown business owner, I’m really disappointed [by the decision],” Renfro said.
Mylius and Knight contend their store would have gone beyond just alcohol sales. Debbie went as far as to describe the store as a “mini-Spec’s.”
The three also said they received little backlash from neighbors and from Linda Raby, the owner of property next to the vacant lot.
“We will provide goods and services the community needs and wants. There is a viable market for this,” Knight said. “Not everyone has to come in and buy booze. That is not the main crux of our business.”
The trio must now wait a full year before filing another rezoning application. Only a waiver approved by city council could expedite the wait.
In Sherri’s eyes, the lot, which has been vacant for years, will remain so until a bar opens there.
That option could very well be on the table for Debbie.
“I didn’t expect to ruffle as many feathers [as we did],” she said. “Maybe another bar can go there? Maybe that’s our next option.”
