This evening who are here physically as well as anybody that we might have online, and we do apologize for the slight delay in starting this meeting.

Um, but uh we will begin by uh if you can stand and join me with uh saying the Pledge of Allegiance.

I pledge allegiance to the flag of the United States of America and for which it stands and individuality and justice for all okay.

So we'll begin with uh a few introductions, and uh my name is Dave Bromley, and I will be chairing the meeting this evening, and we'll start off uh to my left uh with Lenise.

Lenise Davenport, Jennifer George, Danny Schoenfeld, Ron Mortimer, Steve Wrigley, Cameron Duncan.

Thanks, and then James, if you could introduce staff.

Sure.

Um I'm James Swans, the community development director.

I think tonight, just in the we have mostly staff here, so I'll just have staff who are here tonight raise their hand.

And they'll be addressing most of the issues with the planning commission tonight.

So appreciate all them being here.

Thanks, James.

Uh okay, so as we address the items uh on the agenda, um we'll we'll go in this manner.

We'll we'll start uh with a staff introduction and then the project applicant will have the opportunity to provide any presentation as applicable, and then staff will have the opportunity to um uh end the presentation if they so choose as well.

We'll open the items for public comment and um take any that uh uh comments at that time, and if you could limit comment, come up when you if you're here physically uh if you come up to podium and state your name and address, and uh we'd like to limit the comments to two minutes and and uh to comments that are unique, um, so meaning that they're not uh duplicative of what has been said previously, um, and then um uh we will uh after public comment has been completed, we will close public comment and then we'll open it up to the planning commission for deliberation and a motion.

And so we'll begin with the um item number two on the agenda, which is uh amendments to Title 21 of the land development code and uh Melissa, I think yep, you're thanks.

All right, thank you very much.

Good evening, Chair and Planning Commission.

So this evening we have a proposal to amend the code, and uh this would be to allow for more areas in the city to allow for a brew hub.

And uh this slide just shows there's a number of sections of the code that are proposed to be amended, um, our land use matrix for non-residential zones, um, special development districts, um, some standards in our commercial section and definitions.

So to begin, the main uh thing to understand is that this was an initiative that was initiated by our city council to allowing more brew pubs in the city, and the understanding or how we uh interpret what is a a brew pub is that it's intended to be a restaurant with a brewery that sells beer as well as heavy beer for on-site consumption, so it's not um a tavern necessarily or a bar, but it is meant to be um the the brewery with restaurant combination.

So um the other um directives that the city council had was uh specifically in in expanding areas, it would be specifically to expand it beyond just the Cairns district because we do allow for that now in our downtown Cairns district, um, but they also wanted staff to look at regulatory and financial barriers uh to entry to allow them, streamline the permitting and the licensing process, which is in Title 15 for our business licenses, and aligning um our code with Utah code.

So we analyze this and make recommendations addressing all the points that the city council had wanted us to look into, uh, brought that forward to the city council, and they were supportive of the effort, and so they directed us at that time to go ahead and make uh code changes and then just begin through the normal adoption process.

Now, tonight I'm presenting our land development code proposed changes.

This initiative also addresses our business licensing, but we don't need to go through the same review and public hearing process for that.

So when we go to the city council, it will be both Title 15 with our business license administrator as well as myself for addressing land development codes, just so that you know that the context of the process we're going through.

And there were a number of things we look looked into, but tonight, since we're at this stage of this project, we are specifically trying to implement the direction the council gave us and making amendments to the land development code specifically to allow for brew pubs.

So now to do a brew pub in the city, we need two specific alcoholic beverage licenses from the Department of Alcohol Beverage Services at the state agency.

And so they do apply at the city for a license, but then that's coordinated with the state.

So we're not in our land use tables or listing of a land use that would be allowed.

We're not saying it's a brew pub necessarily, but what we're saying is that if you have a manufacturer brewery license and then the restaurant license able to serve alcohol, that would enable one to be able to do a brew pub.

Right now, the manufacturing license is mostly contained just in our downtown Cairns district.

And so just so that you understand, we're not adding a line item that says brew pub, but it we're enabling that through a manufacturing brewery license, and then it also is uh combined, you'd have to have the restaurant license to serve alcohol.

And the important thing about the restaurant license is that it requires, and this is state law, uh, that you have at least 70% of food sales.

So that distinguishes it from a tavern or a bar where you don't have those requirements.

Um it also ensures that they're mostly you know in a in a restaurant uh food sales business.

Uh the other thing that's coming from the state law that uh dictates where these things could go is that there's proximity requirements when you get this type of alcoholic beverage license, and that is you need to be separated from certain community locations such as uh schools, churches, libraries, playgrounds, and public parks.

So that is in existence now, and any time we consider a restaurant license, for example, that would want to serve alcohol, we would check to see the proximity are they might be allowed to do something in the zone, but if they're too close to a church, for example, they would not be able to do that.

So uh this map that was included in the packet for the planning commission illustrates uh like in all the red areas where we have a buffer around these types of community locations, and I'm mostly wanting to show that so you get a sense of the magnitude or impact of the separation requirements.

So it does uh limit where these types of things can go.

Now I think I are I kind of already explained this, but the land use and licensing requirement that a brew pub is enabled by having in the land use matrix a manufacturing brewing license uh brewery license in that zone.

But caveats or notations have been added that this would only be allowed in certain zones if it's on the same premises as a restaurant, because that's the intention of this initiative, and so we're making sure that that's clear.

Umso for uh the brew pubs to allow them in zones where you know we were evaluating well where should they be allowed beyond the downtown Cairns district.

That was the main question, one of the main questions of city council.

And so uh a restaurant that already is allowed in that zone to get a license to serve alcohol.

If that zone already allows that, because a brew pub has very similar operational requirements as the the restaurant, that the proposal is to allow a manufacturing brewery license in those same zones, and if in that zone, this restaurant with uh that's allowed to serve alcohol with a propriet license.

If that's a permitted use, we're proposing uh the brew pub or manufactured brewing license be allowed as a permitted zone, permitted use just like the restaurant, but if it's a conditional use, then we would propose that the manufacturer brewery license is conditional use.

So that's the methodology or logic that's used of why we would propose additional zones to allow these brew pub type activities.

And so in the staff report, I included a list of all the zones, and then in the red line strike through version, you can see specifically all those zones that are impacted or where we're proposing to allow that type of use.

This map illustrates in green those areas where uh this type of land use would be allowed, where brew pub would be allowed in red shows where those proximity requirements are impacting or not allowing that.

So it just gives you a sense of you know how big of an area that might be impacted, and as you can see areas that we're proposing as the neighborhood activity areas along some of our commercial corridors, and in the down um downtown uh cairns area in green, is where brew pubs are proposed to be allowed.

Lastly, there were some uh changes proposed to ensure that our code was in alignment within the city code and also with state code.

So some of the terms and definitions of the Utah Code, we went through those and to make sure there was consistency.

Uh, for example, they used to use the term club for you know, like a dining club or a fraternity club, um, but now it's a bar establishment.

So that type of a thing for consistency was was made.

Um the other thing is in the special development district, the JHS Miller zone, that's at around 9400 South State Street.

That is already in the Cairns district, and yet the land uses that the other zones in the Cairn district didn't include like restaurant that allowed to serve alcohol.

I mean, it had a a couple of temporary alcoholic beverage type licenses allowed, but um what we're proposing is is to make it consistent with the rest of the um kind of mixed-use commercial zones that are in the cairns, and so those changes were made, and lastly in the SDMU or mixed-use zone that's at 7800 South, 1300 east.

There we're removing the non-conformity because there's already an existing restaurant that's licensed to serve alcohol, and it's been there for many years, and so we're adding the restaurant the uh license to serve alcohol as well as the manufacturing brewing license.

So that restaurant would be then conforming if these code amendments were were adopted.