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23 <br /> DRAFT <br /> 489 <br /> 490 Lamar Proctor: As in 12, 13, right? <br /> 491 <br /> 492 Marilyn Carter: And vote for the original proposal. <br /> 493 <br /> 494 Chris Johnston: Is there another proposal where it's not in any district? Is the Conditional District a waste <br /> 495 of time? <br /> 496 <br /> 497 Beth Bronson: Like it's got to be reserved to a municipality. <br /> 498 <br /> 499 Chris Johnston: And I guess, Cy, like in terms of legality, if a tobacco or vape shop challenged this or <br /> 500 something' along those lines, if it was in no district, is that putting us in a precarious position? <br /> 501 <br /> 502 Cy Stober: I don't know. I'd have to ask the Attorney's Office. I'm not an attorney, so I don't know. <br /> 503 <br /> 504 Beth Bronson: So what you're doing here is you would be defining tobacco and hemp retail, and you're <br /> 505 saying "nowhere." <br /> 506 <br /> 507 Cy Stober: What I can tell you is that this was originally drafted by the Attorney's Office and it did <br /> 508 permit the use with the use standard, so this was an unusual amendment, it was not drafted by Planning staff, <br /> 509 it was drafted by the Attorney's Office, and then given to us for review and discussion and we discussed it, <br /> 510 made a couple modifications, but this is almost exactly what was given to us by the Attorney's Office. <br /> 511 <br /> 512 Chris Johnston: And theirs was a Conditional? <br /> 513 <br /> 514 Cy Stober: I think it was 11, 12, and 13. <br /> 515 <br /> 516 Chris Johnston: Okay, interesting. <br /> 517 <br /> 518 Charity Kirk: And then you took it out? <br /> 519 <br /> 520 Cy Stober: Yeah, after discussion with them. <br /> 521 <br /> 522 Charity Kirk: So the lawyers approved it both ways. <br /> 523 <br /> 524 Cy Stober: That's correct, that wouldn't be inaccurate. <br /> 525 <br /> 526 Chris Johnston: You took it out of 12, 13, and then placed it in the Conditional Zoning and that was the <br /> 527 discussion? <br /> 528 <br /> 529 Cy Stober: Correct. <br /> 530 <br /> 531 Lamar Proctor: And you mentioned the Eno District, I will just say an anecdotal example is when I was at <br /> 532 the Durham DA's office there was one of these stores in West Durham approaching on 70, approaching the <br /> 533 Eno, and there was a homicide in the parking lot amongst young people, teenagers, so the character and <br /> 534 quality of these places is definitely suspect. <br /> 535 <br /> 536 Charity Kirk: If the use is much harder to come by, even in 12 and 13, is there the potential of character <br /> 537 and quality to go up? I mean, that's one of the things is like is— <br />