Item 8BAGENDA ITEM # 8B
AUGUST 13, 2007
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request from Landshark Cafe for aUse-by-Exception to allow for the on-
premise consumption of Alcoholic Beverages in association with a
restaurant within the Commercial General (CG) Zoning District at 1013
Atlantic Boulevard within the Atlantic Village Shopping Center.
SUBMITTED BY: Sonya Doerr, AICP ,~~
Community Development Director
DATE: July 19, 2007
BACKGROUND: This request seeks approval of aUse-by-Exception to allow for the on-
premise consumption of Alcoholic Beverages (SRX-Special Restaurant License) in association
with an existing restaurant, the Landshark Cafe. The restaurant currently has aUse-by-
Exception for beer and wine service, and wishes to expand to provide full Alcoholic Beverage
service. The SRX license requires that at least 51 % of sales be food, and the owner has stated
that even with full beverage service, they expect food sales to far exceed the 51 % amount. .
Staff recommends approval of this request in that full beverage service would seem to be a
reasonable expansion of services for a successful restaurant, and this business seems to be a
positive and well-received addition to the Atlantic Village Shopping Center. Other restaurants
within the center have similar SRX licenses. The Community Development Board considered
this request at their July 17th meeting and unanimously recommended approval.
BUDGET: No budget issues.
RECOMMENDATION: Approval of aUse-by-Exception (File Number UBE-2007-03) for
the Landshark Cafe to permit the on-premise consumption of Alcoholic Beverages (SRX DABT
license) in association with a restaurant within the Commercial General (CG) Zoning District at
1013 Atlantic Boulevard within the Atlantic Village Shopping Center.
ATTACHMENTS: Draft Community Developme t Board Minutes and application package.
REVIEWED BY CITY MANAGER:
August 13, 2007 regular meeting
AGENDA ITEM # 8B
AUGUST l3, 2007
Draft Minutes of the July 17, 2007 Community Development Board Meeting
a. UBE-2007-03, Landshark Cafe. Request for aUse-by-Exception in the Commercial
General Zoning District to allow on-site consumption of Alcoholic Beverages in
association with an existing restaurant (SRX special restaurant DABT license)
located in the Atlantic Village Shopping Center at 1013 Atlantic Boulevard.
Robert Deering, co-owner of the Landshark Cafe appeared before the board to request a
Use-By-Exception to expand the restaurant's beer and wine service to a full bar. Mr.
Deering stated that the restaurant, which has now been open for about a year has
experienced good business. However, he is requesting an expansion to a full bar to
compliment the expanding menu and to remain competitive with other nearby restaurants.
Joshua Putterman asked if the restaurant was located in the same center as Publix, to
which Mr. Deering responded, yes. Mr. Putterman asked if the Italian restaurant in the
same plaza had a full bar. Mr. Deering confirmed that the Seguino's restaurant, as well as
Culhane's, also located in the same plaza, both have full bars.
Mr. Deering noted that his restaurant had never received calls from the Atlantic Beach
police department, and that anoff--duty officer is on location for any special events they
might have once or twice a year. Ms. Doerr noted that she had spoken with Chief
Thompson and confirmed this to be the case.
Sam Jacobson noted that it seems like a popular place and the type of place where people
congregate to have a beer and socialize and asked if there was indeed a full menu
available. Mr. Deering confirmed that a full menu was available, and that most of their
sales would continue to be food sales. Ms. Doerr added that this type of license is a SRX,
Special Restaurant License. It is a requirement of the SRX license that at least 51 % of
the business must be food service. Mr. Deering commented that food would continue to
be the major portion of sales.
Motion: Craig Burkhart made a motion to recommend approval of UBE-2007-03,
requesting aUse-by-Exception in the Commercial General District to allow on-site
consumption of Alcoholic Beverages in association with an existing restaurant, the
Landshark Cafe (SRX special restaurant DABT license) located in the Atlantic
Village Shopping Center at 1013 Atlantic Boulevard; David Boyer seconded, and the
motion carried unanimously.
Page 2 of 9
AGENDA ITEM # 8B
AUGUST 13, 2007
A~~+ NDA ~~~M J.~o
i~ r ~~~
'~ ~d
J ~.
'~~ LJiil,r
COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
July 17, 2007 Public Hearing
Use-by-Exception, Landshark Cafe
(File Number UBE-2007-03)
To: Community Development Board
From: ~ Planning, Zoning and Community Development Department
Date: June 25, 2007
Subject: UBE-2007-03
Applicant: Landshark Cafe
1013 Atlantic Boulevard
Atlantic Beach, Florida 32233
Requested Change: Request for aUse-by-Exception to allow on-site consumption of Alcoholic
Beverages in association with an existing restaurant (SRX special restaurant
DABT license) located within the Commercial General (CG) Zoning District.
Location: 1013 Atlantic Boulevard within the Atlantic Village Shopping Center
Surrounding Zoning: Commercial General (CG)
Surrounding Land Use: Various commercial uses.
AGENDA ITEM # 3B
AUGUST 13.2007
~~A~~ ~.~~~~~~5 A~~ ~~®~~~~~A~~~~
This request seeks approval of aUse-by-Exception to allow for the on-prenuse consumption of alcoholic
beverages in conjunction with a full service restaurant, the Landshark Cafe. The owners received aUse-
by-Exception in 2006 for beer and wine, and wish to expand their 2-COP DABT license to a SRX,
Special Restaurant DABT license, which allows for full alcoholic beverage service. The SRX license is
specifically for restaurants with more than 51 % of sales in food. Staff recommends approval of this
request, in that full beverage service would seem to be a reasonable expansion of services for a
successful restaurant, and this business seems to be a positive and well-received addition to the Atlantic
Village center.
SiJGGESTEI) ACTI®loT TO I~COli~IlVIEl®TI) ~I'I~®VAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of this Use-by-Exception to allow for the on-premise consumption of alcoholic beverages
in the Commercial General Zoning District in conjunction with an existing full service restaurant, the
Landshark Cafe, within the Atlantic Village Shopping Center at 1013 Atlantic Boulevard, provided:
(Provide findings of fact similar to the following, and attach conditions as may be appropriate.)
1. Approval of this Use-by-Exception is incompliance with the requirements of Section 24-63, honing
and Subdivision and Land Development Regulations for the City of Atlantic Beach and also Section
24-112, the Commercial General District Regulations.
2. The request is not contrary to public interest and is not detrimental to the health, safety and welfare
of general public.
3. The proposed use is compatible with adjacent uses within the surrounding area.
4. The proposed use is consistent with the Comrr~~~rcial Future Land Use designation.
H:\PLANNING\USE-BY-EXCEPTION FILES\UBE-2007-03 (Landshark Cafe')\CDB Staff Report.Doc
2
AGENDA ITEM # 3B
AUGUST 13. X007
%- - ~~ ,
I~ ~ r
J /
~ ~';
APPLICATI®N POIZ A USE-P~'-EXCEPTI®N
City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5826 FAX (904) 247-5845 http://www.coab.us
Date D ~ /~ ~ / ~ ~ File No. [~7 ~~ '~ a~ ?'~ 3 Receipt
1. Applicant's Name ~~ ~ Sy ti~4G, CJ~ ~ ts~~ ~ E l~~ ~ ~ ~~V ~ r:. ` 17~L,~ ducr+ a~^-S
2. Applicant's Address ~ D ~ 3 ~ i Lea w °s~e ~ ~L.v~ d ~"R.,^~ C~.- ~- t_ ~? 2`~3
3. Property Location
4. Property Appraiser's Real Estate Number Block No. Lot No.
5. Current Zoning Classification o~ C. ~ °' 6. Comprehensive Plan Future Land Use designation
7. P~equested Use-by-Exception 0 a ~7 ~-w c~ ~. Z--~AC~ 'Fb S ~ ~ ~~ ~ ~~ S `~
8. Size of Parcel 9. Utility Provider
10. Statement of facts and special reasons for the requested Use-by-Exception, which demonstrates compliance with
Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as
Exhibit A. (The attached guide may be used if desired. Please address each item, as appropriate to this request.)
11. Provide all of the following information. (All information must be provided before an application is scheduled for any
public hearing.)
a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height,
number of stories and square footage, impervious surface area, and existing and/or proposed driveways.
Identify any existing structures and uses. -
b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to
represent the owner for all purposes related to this application must be provided.
c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.)
d. Required number of copies. (Two (2) copies of all documents that are not larger than 11 x 17 inches in size. If
plans.or photographs, or color attachments are submitted, please provide eight (8) copies of these.)
e. Application Fee ($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed
Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION Name: ~~ ~ ~ ~-'~ ~ ~~~`°'~ -
Mailing Address: ~ ~ `'3 ~~-~r-~ ~. 1~,1vej ~~'t- ~e~.e- ~ ~...2.'~"~
Phone: ~y (.Q ~ ~ 2~ FAX: ~~~- ' y ~ C1 ~ E-mail: