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16-UBEX-101 CC PH FinalRequest for a use-by-exception as permitted by Section 24-111(c)(3 and 5), to allow on- premises consumption of alcoholic beverages in accordance with Chapter 3 of the code and to allow limited wholesale operations at 725 Atlantic Boulevard Units 3 and 15. 16-UBEX-101 Site Context and Detail Commercial General Zoning. CM (Commercial) Future Land Use. Site Context and Detail Proposed Business Located within an existing shopping center in a 1,650 square foot store front and 5,148 square foot warehouse space. Tap room inside the store front that will sell beer brewed in the rear warehouse space. No food will be served. The warehouse space will have a second bar that will serve an open flex space within the warehouse. The flex space will be limited in area and will not access the brewing equipment. Minor changes will be made to the exterior to provide windows into the warehouse space and add mechanical equipment behind a fence at the rear door. Excess beer not sold in the tap room will be sold by the keg through a distributor. Need for a Use-By-Exception Section 3-5 states, “The sale of any alcoholic beverages for on-premises consumption, including beer, wine and liquor shall be properly licensed by the City of Atlantic Beach, and shall be limited only to restaurants, cafes, bars and private clubs within commercial general and commercial limited zoning districts or the central business district in compliance with Chapter 24 of the city code and subject to approval of a use-by-exception in accordance with Section24-63. Section 24-111(c)(3) lists the following as requiring a use-by-exception, “On- premises consumption of alcoholic beverages in accordance with Chapter 3 of this code”. Section 24-111(c)(5) lists the following as requiring a use-by-exception, “limited wholesale operations, not involving industrial products or the manufacturing of products of any kind”. Additional City Regulations Section 3-2, No sales or service shall occur between the hours of 2:00 a.m. and 7:00 a.m. Section 3-7, Businesses that sell alcohol shall maintain sufficient lighting for safety purposes. Section 3-8, Alcohol consumption can only occur inside a building, within a recreation area, or within an outdoor seating or dining area. Analysis and Concerns Code limits hours of operation. Parking and access will not change. The site is surrounded by and adjoining other commercial and warehouse type uses on 2 sides. Will provide additional sound proofing between tap room and nail salon next door. Across Sailfish Drive is multi- family residential. Across Cavalla Road is single family residential. Community Development Board Recommendations Heard at the June 21st 2016 meeting. 5-2 Vote to recommend approval. Dissenting votes expressed concerns about parking and the burden and enforcement of conditions. Recommended Conditions 1.That the hours of operation be limited to 11PM Sunday through Thursday and midnight Friday and Saturday. 2.That employees must park in the rear parking lot. 3.That all brewing waste must be stored inside the building. 4.That customers be prohibited from loitering in the hallway between the tap room and brewing space. City Commission Discussion Heard at the July 11th 2016 meeting. Occupancy concerns in the Unit 15 “flex” space. Building Official (utilizing Fire Marshal standards) found: 178 occupants with standing room only 81 occupants with gaming areas 59 occupants with tables and chairs Business owner agreed to a limit of 75 people. New condition 5.That the occupancy of Unit 15 be limited to 75 people or the number of people as set by the Fire Marshall, whichever is less. Action to be Taken Vote to Approve Approval is consistent with the intent of the Comprehensive Plan. Approval is in compliance with the requirements of 24-63. The use is consistent with permitted uses in the Commercial General zoning district with respect to intensity of use, traffic impacts and compatibility with nearby uses. Vote to Deny Approval is NOT consistent with the intent of the Comprehensive Plan. Approval is NOT in compliance with the requirements of 24-63. The use is NOT consistent with permitted uses in the Commercial General zoning district with respect to intensity of use, traffic impacts and compatibility with nearby uses.