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May 28, 2019 — Meeting Minutes
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05-28-19 BOA Minutes May 28, 2019 Page 1 of 5
THE CITY OF CLAYTON
Board of Aldermen City Hall – 10 N. Bemiston Avenue May 28, 2019 7:00 p.m. Minutes
Mayor Harris called the meeting to order and requested a roll call. The following individuals were in attendance:
Aldermen: Mark Winings, Joanne Boulton, Ira Berkowitz, and Bridget McAndrew. Mayor Harris City Manager Owens City Attorney O’Keefe
Absent: Rich Lintz
Motion made by Alderman Boulton to approve the May 14, 2019 minutes. Alderman Winings seconded. Motion to approve the minutes passed unanimously on a voice vote. PUBLIC REQUESTS AND PETITIONS
None
AN ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO CHAPTER 410: OVERLAY AND URBAN DESIGN ZONING DISTRICTS BY THE ADDITION OF ONE NEW ARTICLE, ESTABLISHING THE ENTERTAINMENT OVERLAY DISTRICT – 2nd Reading
City Manager Owens reported that on May 14, 2019, the Board of Aldermen considered this amendment to Chapter 410: Overlay and Urban Design Zoning Districts. This is the second hearing to solicit input regarding a proposed amendment to Chapter 410 (Overlay and Urban Design Zoning Districts) related to a new overlay district. E.P. Brad(?), Ceylon resident, addressed the Board with concerns on how this change would affect the Ceylon building and its residents. Alderman Berkowitz wanted clarification related to changes in Section 410.860 - The overlay district shall allow for an entertainment use as an accessory use to the following principal uses with the approval of a conditional use permit: a. Restaurant and b. Hotel.
Restaurant and b. Hotel. Susan Istenes referenced Section 410.855, Definitions, stating that it would not necessarily have to be a restaurant or hotel, a principle entertainment use is also allowable as an accessory use. Alderman Berkowitz recommended including retail as an allowable accessory use. In response to Alderman Winings question regarding the definition of entertainment use, Susan Istenes pointed out that it is in Section 410.855, Definitions which has not changed
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Alderman McAndrew commented that she understands the ordinance to specify that in order to have an establishment in the entertainment district it is required to have a conditional use permit. City Attorney O’Keefe confirmed that there is permitted use and then accessory use. The primary use which is an entertainment use and that requires conditional use permit and we would also require a specific conditional use permit to have entertainment as an accessory. In response to Alderman Boulton’s question regarding a proposed new restaurant, City Attorney O’Keefe stated that two conditional use permits would be required. City Attorney O’Keefe noted on record that the draft ordinance would require minor clerical discretion “clean-up” due to incorrect numbering of sections. Motion made by Alderman Winings to amend Bill No. 6727 by the text of Bill No. 6727.1. Alderman Boulton seconded. Motion passed unanimously on a voice vote. Motion made by Alderman Berkowitz to amend Bill No. 6727.1 by adding “c. Retail” under Section 410.860 as a permitted use. Alderman Boulton seconded. Motion passed unanimously on a voice vote. Alderman Winings introduced Bill No. 6727.1 as amended, to approve an amendment to Chapter 410 to allow for an Entertainment Overlay District to be read for the second time by title only. Alderman Boulton seconded.