Rezoning of the Herb Bar is in question as it advances

The Herb Bar, which sits at the corner of West Mary and Eva streets in the Bouldin neighborhood, has been offering herbs and spices, plus a variety of potions, since 1986. However, the new owner of the historic property, which once housed a post office and before that a general store, is looking for a zoning change that would allow for a restaurant and a more typical bar. Such a change would have a significant unwanted impact on the mostly single-family neighborhood, according to neighbors who shared their thoughts with City Council at the Sept. 26 meeting.

The zoning change was on Council’s consent zoning agenda, along with a number of other cases. Unlike the other consent cases, this one will come back to Council on Oct. 24.

After hearing from neighbors, Council approved (on first reading only) the change from Family Residence-Neighborhood Plan (SF-3-NP) combining district zoning to Neighborhood Commercial-Mixed Use-Conditional Overlay-Neighborhood Plan (LR-MU-CO-NP) combining district zoning. It was Mayor Kirk Watson who slowed down the zoning change, which was set for approval on all three readings. Watson made the motion after hearing from members of the Bouldin Creek neighborhood, including Jody Zemel, a retired city employee who chairs the neighborhood zoning committee.

Zemel and the other neighbors who addressed Council explained that they would support the recommendation from staff and the Planning Commission as well as the neighborhood plan contact team – all of which recommended requiring a conditional overlay in order to operate a restaurant or bar on the small property.

Zemel said the recommendations from the Planning Commission, staff and the neighborhood team would align with the historic and current use of the property. She said the location has provided essential local retail services to underserved and local populations for the past 97 years.

Harry Cabluck, whose house is next door to the Herb Bar, said, “The new property owner, whatever his aims, seems to want to put 12 pounds into a 5-pound bag. He has changed the plan so many times it is a moving target and difficult to question his intentions.” After showing photos of the Herb Bar and his own house next door, Cabluck said, “What will make me happy is not having a partying and drinking business next to my residence that will bring more traffic to the neighborhood. Which of you would like to have such an establishment next door to your house?”

Neighbor Gerald Williams told Council, “The owner has been pushing to remove as many restrictions as possible, and we’ve been focusing on trying to make sure that the use is LR (Neighborhood Commercial) with a conditional restaurant use so that it can be approved.” He said the owner, who remains unnamed, was trying to move forward without the extra step of getting a conditional use permit.

Williams pointed out that the neighborhood could simply push back and reject the entire zoning change. He accused the property owner of repeatedly stonewalling the community and not providing documentation to them, “even when he was instructed to do so.” Axios lists the applicant as River Sharpe, the owner of Herb Bar Soco LLC. River Sharpe’s principal is developer Gary Sharpe.

It is unclear whether the property owner’s representative, attorney Nikelle Meade, was at the meeting, but no one spoke in favor of the requested zoning.

Correction: A previous version of this story incorrectly reported that City Council approved (on first reading only) a change to Community Commercial-Mixed Use-Neighborhood Plan (GR-MU-NP) combining district zoning. The updated zoning is Neighborhood Commercial-Mixed Use-Conditional Overlay-Neighborhood Plan (LR-MU-CO-NP) combining district zoning.

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Posted In: Zoning, District 9