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01-18-22 CDB Adopted Minutesr; MINUTES Community Development Board (CDB) Meeting fl Tuesday, January 18, 2022 - 6:00 PM ,i Commission Chamber Present: Linda Lanier, Member Jennifer Lagner, Member Kirk Hansen, CDB Chair Sylvia Simmons, Member Richard Schooling, Member Ellen Golombek Absent: James Moyer, Member Jeff Haynie, Member Also Present: Brenna Durden, City Attorney (CA) Amanda Askew, Planning and Community Development Director (PCDD) Valerie Jones, Recording Clerk 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES A. Approve minutes of the December 21, 2021 regular meeting of the Communit: Development Board. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. 363 Atlantic Boulevard, Unit 4 UBEX21-0006 (NShore LLC) Request for a use -by -exception to allow on -premises consumption of alcoholic beverages within the Central Business District (CBD) zoning district at 363 Atlantic Boulevard, Unit 4. The barber shop is seeking to sell beer and wine. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Lanier asked about a statement on the application that said consumption would be on -premise and take-out. Director Askew said that take-out of prepackaged alcohol is allowed as a retail use in this zoning district. Chair Hansen asked if the applicant gave the hours of operation for the barber shop. Director Askew said the applicant was present and could answer that question. Ms. Golombek asked for clarification if the to -go alcohol permission was still allowed by the State since it was an allowance due to covid. Director Askew said she wasn't sure what was currently allowed but the applicant would have to abide by all State regulations. Community Development Board (CDB) January 18, 2022 Page 1 of 3 APPLICANT COMMENT: Brandon Stanko introduced himself as the attorney for the applicant. He said his client is looking to open a barber shop and have a waiting/lounge area where customers could buy beer and wine while they wait to get their hair cut. Mr. Stanko said they would also like the ability to sell prepackaged alcohol to a customer who would like to take something home. He said everything is contingent upon the applicant receiving the correct licenses from the State. Chair Hansen asked what the hours would be. Mr. Stanko said it would be 10:00 a.m. to 10:00 p.m. Ms. Lagner asked if someone could purchase alcohol without getting a haircut and the applicant said they could. Ms. Durden said she is not sure what the post-covid status is regarding the regulations by the State. She said there are 2 very different licenses and she thought that the Board had only authorized 2COP licenses to date. Ms. Durden said the Board should find out which license the applicant was going to get. Mr. Stanko said this was the first step and they were there to ask the Board for permission to apply to the State for the proper license. Ms. Simmons had concerns that the business floor plan was looking more like a retail store and not a barber shop. Ms. Lanier had the same concern saying that 1/3 of the business looked like a place you would get your hair cut and 2/3 of the business looked like a place for consumption. Ms. Simmons asked it was necessary for the Board to consider parking. Ms. Lagner had the applicant explain the floor plan to the Board. Ms. Golombek asked what the area behind the waiting area was for. Dave Simpson, a co-owner, explained that all customers would come through the front entrance and be greeted by a host to see if they wanted a haircut or to grab a drink. He showed the board what the different areas of the floor plan were for. Mr. Simpson said they were granted capacity for 80 persons but are only seating 35 to 40. Ms. Simmons asked Ms. Durden if they would need 2 use -by -exceptions. Ms. Durden said they wouldn't need to have 2 different use -by -exceptions but clarify the type of alcohol permit would be helpful. She said that if the sale of off -premise consumption is a permitted use then it doesn't require a use -by -exception. Director Askew said that was correct, the sale of off -premise consumption does not require an exception only on -premise consumption not associated with a restaurant, cafe or coffee shop. Chair Hansen asked if the Board's only concern should be whether to allow the applicant to sell beer and wine in the barber shop. Ms. Durden said that is accurate. The applicant confirmed it would be a 2COP license for beer and wine. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There being no public comments Chair Hansen closed the floor. BOARD DISCUSSION: Ms. Lanier went over the past use -by -exceptions that were similar to this request and said she didn't object to this. Ms. Simmons agreed and asked if parking requirements were met for this request. Director Askew explained that this is considered a shopping center and it does have different parking requirement than restaurants. She said that the shopping center meets the minimum requirements for this area. Mr. Schooling asked clarification regarding whether this was a bar or restaurant then this request wouldn't be necessary. Chair Hansen said they would still need to get an exception for beer and wine consumption on-site. Ms. Lanier spoke in favor of the request and asked that the shop have the same hours of operation stipulations as the same use -by -exception that was approved in the same shopping center last month. Community Development Board (CDB) January 18, 2022 Page 2 of 3 MOTION: To APPROVE UBEX21-0006 with the condition of on-site consumption of beer and wine during the hours of 12:00 noon to 11:00 p.m. Motion: Linda Lanier Second: Ellen Golombek Linda Lanier (Moved By) For Jennifer Lagner For Kirk Hansen For Sylvia Simmons For Richard Schooling For Ellen Golombek (Seconded By) For Motion passed 6 to 0. 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 6:28 p.m. Attest: ohY/adel- Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) January 18, 2022 Page 3 of 3