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18 <br /> DRAFT <br /> 244 would be doing is effectively saying, "well, you can't have a tobacco and hemp dedicated store but you could <br /> 245 have a gas station that makes 49 percent of the profits from those materials,"and I think that needs to be <br /> 246 considered with Commissioner Fowler having really good intentions and understandably so, wanting to create <br /> 247 some form of regulation, I think you have to be careful about what that reaction is going to be. The unintended <br /> 248 consequence is that kids are at gas stations, kids go to gas stations after the school bus stopped and if they <br /> 249 see those hemp products and those tobacco products in there and they continue to, and it's not taken away <br /> 250 from those public locations where everybody is allowed, and again designated like an ABC store. I just worry <br /> 251 that you're creating more of a — it's not exactly harm reduction. <br /> 252 <br /> 253 Cy Stober: So, the modification to the motion could include that concern. <br /> 254 <br /> 255 Beth Bronson: To my point about making it restrictive, my recommendation would be to add the delta to <br /> 256 certain commercial districts, having them meet that thousand feet to the schools or things like that. Does that <br /> 257 make sense to everybody? Like the idea of allowing them or you could do a Conditional Zoning, but as well, <br /> 258 making it as contingent on meeting these conditional requirements of the thousand feet from the school and <br /> 259 there's a few others, I think, but then allowing them in NC2, GC3, EC4, ECS, LC1 potentially, as a matter of <br /> 260 those Rural Nodes could potentially use a retail store like this and drive business to an area like Dodson's <br /> 261 Crossroads or something like that. Not to say that it would be positive or negative, but again, only 18 year olds <br /> 262 are allowed in that store anyways, so I'm just wanting to put it out there before we make a motion on this <br /> 263 particular one, is there anything anybody thinks about that? <br /> 264 <br /> 265 Adam Beeman: So let's just say we pass this, the Commissioners have passed it as is right now. What <br /> 266 are the hurdles that accompany it?And is it just a foregone conclusion that they would be denied no matter <br /> 267 what or is it opportunity that if they came in and went through all the hurdles to meet that Conditional District, is <br /> 268 it actually feasible that they could be approved? Or are we just making it as difficult as possible just as a <br /> 269 blanket, "we don't want'em and that's that," because if there's no actual way that they can get approved, then <br /> 270 I'm not sure what we're doing. If there's a potential that someone could come in and meet all the obstacles and <br /> 271 the hurdles and then say, "okay, you're approved,"then I could say let's move forward. I don't know why <br /> 272 Hillsborough and Chapel Hill are going to have all these locations and you can put all the pressure on them <br /> 273 you want, but Chapel Hill doesn't listen to the County. So if they'll continue to sell them all over the place and <br /> 274 we're really regulating what little bit of land we can which probably never have a hemp or a retail store there to <br /> 275 be begin with, so I just want to know if we go through with it, is there a way that someone could actually come <br /> 276 to the Board and get approved, or there's no way, there's so many hurdles that it's never going to happen. <br /> 277 <br /> 278 Cy Stober: So, we would give them the due process and ultimately that would be a decision of the <br /> 279 Planning Board and the Commissioners. As a Conditional District, I wouldn't make a recommendation on the <br /> 280 actual action, I would just make a recommendation on your review process and giving the applicant the due <br /> 281 process. If you determine that they meet this, this standard, which is fairly straightforward, and they meet all <br /> 282 the other development standards with their site plan, and there's no land use conflict in our determination and <br /> 283 yours, then it would be difficult to find an objection to it, and it also needs to be consistent with the <br /> 284 Comprehensive Plan, and so, there are a number of references in the Comprehensive Plan to healthy <br /> 285 lifestyles, so there it would be pretty easy to find an inconsistency there,just to kind of hash it out on the fly. To <br /> 286 be honest, I don't know what the determination of the Planning Board and the Commissioners would be, but— <br /> 287 <br /> 288 Adam Beeman: But they have an opportunity and I guess that's the big thing is if I come in and I meet all <br /> 289 the requirements then you don't really have a leg to stand on unless you find some, like I said, some other <br /> 290 reason, so you'd have to get creative and find a reason. Just long as there was an opportunity for them to go <br /> 291 through the process and be approved or denied. Because at the end of the day, I get they don't want the use, <br /> 292 and so we're not technically taking it away from them, they still have the opportunity to come and apply, and <br />