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725 Atlantic Boulevard #6 UBEX22-0003 Packet1 Jones, Valerie From:Whiskey Jax <whiskeyjax01@gmail.com> Sent:Tuesday, March 22, 2022 11:50 AM To:Genest, Abrielle Subject:Re: 725 Atlantic Blvd. UBEX Application Attachments:ATL Beach application page 2.pdf Follow Up Flag:Follow up Flag Status:Completed Here you go. Thanks for your patience On Tue, Mar 22, 2022 at 7:59 AM Genest, Abrielle <agenest@coab.us> wrote: Tom, We ask that applicants fill the sections out because these are areas that the Community Development Board review when making their decision. These questions address if there will be any adverse impacts to the property as a result of the use-by-exception. I’ve attached an example for how to fill this page. Please fill out and return to me. Abrielle From: whiskeyjax01 [mailto:whiskeyjax01@gmail.com] Sent: Monday, March 21, 2022 5:28 PM To: Genest, Abrielle <agenest@coab.us> Subject: RE: 725 Atlantic Blvd. UBEX Application Good evening, I hope you are well. I looked at the second page and did not believe I had to fill anything out. What specifically would you like to see? I'm sorry. Sincerely, Tom Fisher 2 Sent from my T-Mobile 5G Device -------- Original message -------- From: "Genest, Abrielle" <agenest@coab.us> Date: 3/21/22 4:03 PM (GMT-05:00) To: whiskeyjax01@gmail.com Subject: 725 Atlantic Blvd. UBEX Application Good afternoon, I have received your use-by-exception application for 725 Atlantic Blvd. Unit 6. The submitted application is not complete. Please fill out the second page of the link below and provide a letter of authorization from the property owner. Once those are complete, you can send them via email to me or bring a copy of each to City Hall. https://fl-atlanticbeach3.civicplus.com/DocumentCenter/View/9766/Use-by-Exception- Application?bidId= If there are any additional pictures, presentations, or documents you would like to include in the application, please send those my way. Please let me know if you have any questions. Abrielle Genest Planner 3 (904) 247 5847 City of Atlantic Beach agenest@coab.us Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook at www.facebook.com/cityofatlanticbeach. Florida has a very broad public records law. Most written communications to or from state and local officials and agencies regarding state or local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook at www.facebook.com/cityofatlanticbeach. Florida has a very broad public records law. Most written communications to or from state and local officials and agencies regarding state or local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. 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). The public is invited to attend in person. The meeting will be held in Commission Chambers located at 800 Seminole Road. PROJECT Property Location Map Item No: UBEX22-0003 Address: 725 Atlantic Boulevard, Suite 6 (RE# 171363-0000) Applicant: CBC123, INC dba Whiskey Jax PUBLIC HEARING(S) Body: Community Development Board Date April 19, 2022 Time: 6:00 PM Request: Request for a use-by-exception to allow on-premises consumption of alcoholic beverages and live entertainment within the Commercial General zoning district at 725 Atlantic Boulevard. Summary: The applicant is requesting a use-by-exception to serve alcoholic beverages and live entertainment located at 725 Atlantic Boulevard Unit 6. On-premises consumption of alcoholic beverages is a use-by-exception in 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 advi sed 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 is available for review on the city of Atlantic beach webpage under Public Notic es https://www.coab.us/960/Public-Notices. For additional questions please contact Amanda Askew, Director of Planning and Community Development at aaskew@coab.us or 904-247-5841. Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance. 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. Atlantic Blvd. Request for a use-by-exception to allow on premise consumption of alcoholic beverages and live entertainment within the Commercial General (CG) zoning district at 725 Atlantic Boulevard. UBEX22-0003 725 Atlantic Blvd., Suite 6 Site Context and Details 725 Atlantic Blvd. is located in the North Beach Shopping Center, in the tenant space that was formally Firefly Bay. The multitenant shopping center has similar uses and zoning on the east, south and west. The property located to the north is residential. This property is zoned Commercial General (CG).Sailfish Dr. ECavalla Rd. Atlantic Blvd. Proposal The applicant is proposing a business that will have a restaurant (permitted use in this zoning district), live entertainment, and on-premises consumption of alcohol. The consumption of beer and wine in conjunction with a sit-down restaurant is a permitted use in the Commercial General (CG) zoning district. This use-by exception would permit the live entertainment. Live entertainment includes, but is not limited to, singers, pianists, musicians, musical groups, bands, vocal or instrumental dancers, theatrical shows, magicians, performers, comedians and all fashions, forms and media of entertainment carried on and conducted in the presence of and for the entertainment and amusement of others and as distinguished from records, tapes, pictures and other forms of reproduced or transmitted entertainment. Live entertainment, as used within these land development regulations, shall not include adult entertainment establishments as defined by F.S. § 847.001(2) Need for a UBEX Section 24-112(c)(3) requires a use-by-exception for live entertainment and on-premises consumption of alcohol. The consumption of beer and wine in conjunction with a sit-down restaurant is a permitted use in this zoning district. 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. The Comprehensive Plan designates this area as Commercial which is intended to provide appropriate locations for neighborhood and community businesses providing services and retail sales for the City and the closely surrounding communities. Considerations The Board may consider placing conditions on the use-by-exception if approved, such as condition of hours and noise levels. •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. 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 Grounds for Decision APPROVAL The The Community Development Board may consider a motion to approve the requested use-by-exception (UBEX22-00013) to allow live entertainment and on- premises consumption of alcohol within the Commercial General (CG) zoning district at 725 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 (UBEX22-0003) to allow live entertainment and on-premises consumption of alcohol within the Commercial General (CG) zoning district at 725 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. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. UBEX22-0003 Request for a use-by-exception to allow on-premises consumption of alcoholic beverages and live entertainment within the Commercial General zoning district at 725 Atlantic Boulevard. LOCATION 725 Atlantic Blvd., Suite 6 (RE#171363-0000) APPLICANT CBC123, INC dba Whiskey Jax DATE March 28, 2022 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Whiskey Jax, on behalf of the owner (Atlantic-Penman LLC). The property is located at 725 Atlantic Blvd (suite 6). This property is zoned Commercial General (CG) and is located in the North Beach Shopping Center. They will be located in the tenant space formally occupied by Firefly Bay. The applicant is seeking a use-by-exception for live entertainment and on-premises consumption of alcoholic beverages. They are proposing the live entertainment and consumption of alcoholic beverages in conjunction with a restaurant. The restaurant and consumption of beer and wine is permitted in the CG zoning district. However, the consumption of liquor falls under Section 24-112(c)(3) which requires a use-by-exception for on-premises consumption of alcoholic beverages. Also Sec. 24-112(c)(11) requires a use-by-exception for live entertainment. The multitenant shopping center has a mixture of restaurants and retails uses. The uses and zoning on the east, south and west are similar. The property located to the north is residential. The Board may consider placing conditions on the use-by-exception if approved, such as condition of hours and noise levels. The Comprehensive Plan designates this area as Commercial which is intended to provide appropriate locations for neighborhood and community businesses providing services and retail sales for the City and the closely surrounding communities. 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 Atlantic Blvd. Blvd. Page 2 of 2 - Section 3-8 limits consumption of alcohol to: 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. The follow businesses currently have use-by-exceptions in the same shopping center.  725 Atlantic Boulevard, Unit 1: 2015- granted UBEX to operate a veterinary clinic with the conditions that (1) the applicant ensure sanitary conditions outside their unit by installing and maintaining pet waste stations in adjacent landscape areas and installing an exterior hose to clean hard surfaces and (2) the applicant installs sound proofing walls adjoining neighboring units.  725 Atlantic Boulevard, Unit 9: 2015- granted UBEX to Cantina Louie to allow on premises consumption of alcoholic beverages in accordance with Chapter 3 of the code. SUGGESTED ACTION FOR APPROVAL The Community Development Board may consider a motion to approve the requested use-by- exception (UBEX22-0003) to allow live entertainment and on-premises consumption of alcoholic beverages within the Commercial General (CG) zoning district at 725 Atlantic Blvd. suite 6 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 (UBEX22-0003) to allow live entertainment and on-premises consumption of alcoholic beverages within the Commercial General (CG) zoning district at 725 Atlantic Blvd. suite 6 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.