City moves to make it easier for restaurants to serve alcohol

Under a plan approved by the Lincoln-Lancaster County Planning Commission on Wednesday, restaurants for the first time would be defined in the zoning code. Other changes to the code would make

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Ask most people what a restaurant is, and you’d probably get pretty similar definitions.

Ask city officials, though, and you’d probably come up empty, because the city doesn’t have a definition, at least not in the legal sense.

But a move is afoot to change that.

Under a plan approved by the Lincoln-Lancaster County Planning Commission on Wednesday, restaurants for the first time would be defined in the zoning code.

Other changes to the code would make it easier for restaurants to get approval to sell alcohol.

Under the proposed changes, restaurants would be defined as any business that derives at least 60 percent of its gross sales from food and non-alcoholic beverages.

Currently, the zoning code treats all businesses that sell alcohol the same, requiring them to seek a special permit to sell alcohol in all but three zoning districts.

To get that special permit, the premises must be at least 100 feet from any residences and community uses, such as churches or parks.

Under the new rules, businesses that qualify as restaurants would automatically qualify for liquor license approval if they met the conditions of their zoning district and also the new conditions that would be added as part of the proposal.

Those conditions are:

* The business must serve full-course meals as defined in state statute.

* The business must close by midnight, with any outdoor seating areas closing by 11 p.m.

* The entrance door to the business be at least 100 feet from any residence, park, church or day care, or, if it is not, it must face away from them.

The change in the zoning code was sought by the owners of the  Westgate Shopping Center on West O Street. A new restaurant wants to open there, but under existing zoning rules, much of its center would be off-limits to alcohol sales.

Though the change was sought by one specific party, Mark Hunzeker, an attorney representing the shopping center owners, said it would benefit older shopping centers by encouraging restaurants to move there.

Several commissioners seemed to agree.

“This just adds to the sustainability and viability of older neighborhoods to have their own restaurants,” said Commissioner Mary Strand.

No one spoke in opposition to the change, although Tracy Corr, representing the Lincoln Neighborhood Alliance, asked the commission to delay action for a few weeks to give neighborhood groups more time to research the changes and their possible effects.

A motion to delay action two weeks failed on a 4-4 vote, and commissioners then voted 6-2 to approve the change. Commissioners Jon Carlson and Dick Esseks voted against the plan, saying they felt a delay was the most appropriate course.

The plan will now go to the City Council, but because of Labor Day, a public hearing on it will not be scheduled until at least Sept. 10.

Corr said that should give neighborhood groups time to meet and talk about the proposed changes.

“I think we’ll have enough time to weigh the effects of what happened today and see what we want to do — if anything,” she said.

In other action Wednesday, the Planning Commission:

* Approved annexation of about 40 acres of land at 89th Street and Leighton Avenue and a zoning change to allow 133 town homes.

The development, called Cedar Cove Townhomes, is next to a site owned by Lincoln public schools for a possible future elementary school.

* Rejected a zoning change on the northwest corner of 84th Street and Old Cheney Road.

The City Council approved commercial zoning of the nearly six-acre site in 2000, but then-Mayor Don Wesely vetoed it. In 2005, the council approved commercial zoning for 22,000 square feet on the site, but Realty Trust officials said the restrictions made it difficult to market the site and sought commercial zoning for the whole site.

But the commission rejected the request after planning officials noted homes had been built and street decisions made in the area based on the premise most of the site would be residential.

Reach Matt Olberding at 473-2647 or molberding@journalstar.com.  

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