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1175 Atlantic Boulevard UBEX20-0006 Packet (Urban Farms)CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. UBEX20-0006 Request for a use-by-exception to allow on-premises consumption of alcohol within the Commercial General zoning district at 1175 Atlantic Boulevard. LOCATION 1175 Atlantic Blvd. (RE#170712-0000, 17071-0000 & 170709-0000) APPLICANT Atlantic Beach Urban Farm DATE October 13, 2020 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant, Atlantic Beach Urban Farm, has submitted a request for a use- by-exception for their property located at 1175 Atlantic Blvd. This property is zoned Commercial General (CG). The applicant is seeking the use-by- exception for the on-site consumption of alcohol. The applicant is proposing to add this to their existing business model. They currently grow and sell greens (lettuce, kale and arugula) to restaurants and the public. They also sell gourmet food/cheeses and to go appetizers, entrees and desserts. This use-by exception would permit the sale and consumption of alcohol onsite. The remainder of their proposed uses are permitted in the CG zoning district. Section 24-112(c)(3) requires a use-by-exception for on-premises consumption of alcohol. This property has CG zoning on the east and west of this property. The properties located to the north are residential and a church. The Board may consider placing conditions on the use-by-exception if approved, such as condition of hours and noise levels. Chapter 3 of the code has existing regulations regarding alcohol: - Section 3-2 prohibits the sale of alcohol between 2:00 a.m. and 7:00 a.m. all days of the week - Section 3-7 requires sufficient lighting for the safety of patrons and employees during all times that the business is open, and - Section 3-8 limits consumption of alcohol to: Atlantic Blvd. West 1st St. Page 2 of 3 o Inside the building or o Within a recreation area contiguous to the building or o Within an outdoor seating area contiguous to the building Additionally, Section 11-2(b) limits music or similar noise that disturbs the peace, quiet and comfort of neighbors and includes that after 10:00pm on weekdays and after 11:00pm on weekends noise violations are strictly enforced. CONSIDERATIONS The Code defines a use-by-exception as “a departure from the general permitted uses set forth for the various zoning districts, which if limited in number such that these uses do not dominate an area, and when subject to appropriate conditions, may be acceptable uses in the particular area.” - This year we have approved four (4) use-by-exception for consumption of alcohol on-site in association with other uses. All the applications were approved and the consumption of alcohol is secondary to the primary use. The following were approved 496 Atlantic Blvd (Salt Air hotel), 725 Atlantic Blvd (Forgotten City Bottling), 1800 Mayport Rd (live entertainment and mobile food vending) and 645 Atlantic Blvd (Art of Cigars). Section 24-63(d): The review of any application for a use by exception shall consider each of the following: Note that this is an existing building and some considerations may not be applicable. (1) Ingress and egress to property with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. (2) Off-street parking and loading spaces. (3) The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the use-by- exception being requested. (4) Refuse and service areas, with particular reference to items [subsections] (1) and (2) above. (5) Utilities, with reference to locations, availability and compatibility. (6) Screening and buffering, with reference to type, dimensions and character. (7) Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the district. (8) Required yards, impervious surface ratios and other open space regulations. (9) General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of the Comprehensive Plan. (10) For those properties within the commercial corridors, consistency with the intent of section 24-171, commercial corridor development standards. Comprehensive Plan: According to the 2030 Comprehensive Plan, this property is located within the Commercial designation on the future land use designation. The Commercial land use category is intended to provide appropriate locations for neighborhood and community businesses providing services and retail sales for the City and the closely surrounding communities. Zoning District: This property is located within the Commercial General (CG) zoning district. This district shall include those businesses that provide retail goods and services, which serve the routine and daily needs of residents, including banks and professional services, grocery and convenience stores, Page 3 of 3 restaurants, accredited public and private schools and child care, but not including manufacturing, warehousing, storage or high intensity commercial activities of a regional nature, or uses that have the potential for negative impact to surrounding properties due to excessive noise, light or extremely late hours of operation. SUGGESTED ACTION FOR APPROVAL The Community Development Board may consider a motion to approve the requested use-by- exception (UBEX20-0006) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Commercial General (CG) zoning district at 1175 Atlantic Blvd. provided: 1. Approval of this use-by-exception is consistent with the intent of the Comprehensive Plan. 2. Approval of this use-by-exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-112(c)(3) in that the proposed use is found to be consistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. SUGGESTED ACTION FOR DENIAL The Community Development Board may consider a motion to deny the requested use-by- exception (UBEX20-0006) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Commercial General (CG) zoning district at 1175 Atlantic Blvd. provided: 1. Approval of this use-by-exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this use-by-exception is not in compliance with the requirements of Section 24- 63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-112(c)(3) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. Request for a use-by-exception to allow on- premises consumption of alcohol within the Commercial General zoning district at 1175 Atlantic Boulevard. UBEX20-0006 1175 Atlantic Blvd. Site Context and Details This property is the Atlantic Beach Urban Farm located at 1175 Atlantic Blvd. Zoned Commercial General (CG) The properties located to the north of W. 1st St are zoned residential are residential in use and a church. Atlantic Blvd W 1st St Proposal The applicant is proposing the sale and consumption of alcohol to guests on premises in addition to growing and selling greens (lettuce, kale, and arugula) to restaurants and the public. Section 24-112(c)(3) requires a use-by-exception for on- premises consumption of alcohol. Considerations The Board may consider placing conditions on the use-by-exception if approved, such as condition of hours and noise levels. Chapter 3 of the code has existing regulations regarding alcohol: Section 3-2 prohibits the sale of alcohol between 2:00 a.m. and 7:00 a.m. all days of the week Section 3-7 requires sufficient lighting for the safety of patrons and employees during all times that the business is open, and Section 3-8 limits consumption of alcohol to: Inside the building or Within a recreation area contiguous to the building or Within an outdoor seating area contiguous to the building or Additionally, Section 11-2(b) limits music or similar noise that disturbs the peace, quiet and comfort of neighbors and includes that after 10:00pm on weekdays and after 11:00pm on weekends, noise violations are strictly enforced. Considerations Comprehensive Plan: According to the 2030 Comprehensive Plan, this property is located within the Commercial designation on the future land use designation. This Commercial land use category is intended to provide appropriate locations for neighborhood and community businesses providing services and retail sales for the City and the closely surrounding communities. Zoning District: This property is located within the Commercial General (CG) zoning district. This district shall include those businesses that provide retail goods and services, which serve the routine and daily needs of residents, including banks and professional services, grocery and convenience stores, restaurants, accredited public and private schools and child care, but not including manufacturing, warehousing, storage or high intensity commercial activities of a regional nature, or uses that have the potential for negative impact to surrounding properties due to excessive noise, light or extremely late hours of operation. Grounds for Decision APPROVAL The The Community Development Board may consider a motion to approve the requested use-by-exception (UBEX20-0006) to allow on-premise consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Commercial General (CG) zoning district at 1175 Atlantic Blvd. provided: 1.Approval of this use-by-exception is consistent with the intent of the Comprehensive Plan. 2.Approval of this use-by-exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3.The requested use is consistent with Section 24-112(c)(3) in that the proposed use is found to be consistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. Grounds for Decision DENIAL The Community Development Board may consider a motion to deny the The Community Development Board may consider a motion to deny the requested use-by-exception (UBEX20-0006) to allow on-premise consumption of alcoholic beverages in accordance with Chapter 3 within the Commercial General (CG) zoning district at 1175 Atlantic Blvd. provided: 1.Approval of this use-by-exception is not consistent with the intent of the Comprehensive Plan. 2.Approval of this use-by-exception is not in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3.The requested use is not consistent with Section 24-112(c)(3) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. PUBLIC NOTICE To whom it may concern, Notice is hereby given to all property owners within 300 feet of the address below, and as shown in the map below, that a Public Hearing regarding the case described in this notice will be held by the Community Development Board (CDB) in Commission Chambers located at 800 Seminole Road on the provided date and time. PROJECT Property Location Map Item No: UBEX20-0006 Address: 1175 Atlantic Boulevard (RE # 170709 0000) Applicant: Atlantic Beach Urban Farms, LLC/Robbins Nest Farms LLC PUBLIC HEARING(S) Body: Community Development Board Date October 20, 2020 Time: 6:00 PM Request: Request for a use-by-exception to allow on-premises consumption of alcoholic beverages within the Commercial General zoning district at 1175 Atlantic Boulevard. Summary: The applicants are requesting a use-by-exception to serve beer and wine at Atlantic Beach Urban Farms located at 1175 Atlantic Boulevard. On-premises consumption of alcoholic beverages is a use-by-exception within the Commercial General zoning district. Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commission with respect to any matter considered at the meeting or at any subsequent meeting to which the Commission has continued its deliberations is advised that such person will need to insure that a verbatim record of all proceedings is made, which must include the testimony and evidence upon which the appeal is to be based. All information related to the item(s) above are available for review on the city of Atlantic beach webpage under Public Notices https://www.coab.us/960/Public-Notices or at 800 Seminole Road, Atlantic Beach, FL 3223, between the hours of 8:00am and 5pm, Monday through Friday, excluding legal holidays, or obtained by called 904-247-5800. Interested parties may appear at the public hearing and be heard regarding the item(s), or written comments may be emailed to aaskew@coab.us at least three (3) hours prior to the hearing. In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk’s Office at City Hall or by calling (904) 247-5800 not less than three days prior to the public hearing. Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance.