Item 8D- Motion for ReconsiderationAGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
UBEX17-0004 Public Hearing
Request for a use-by-exception as permitted by Section 24-
111(c)(3), to allow on-premises consumption of alcoholic
beverages in accordance with Chapter 3 of the code at 461
Atlantic Boulevard.
Derek W. Reeves , Planner //J-.-
January 11,2018
BACKGROUND: The applicant is Atlantic Beach Yard Real Estate LLC, the entity proposing
the construction of a new barbeque restaurant at 461 Atlantic Boulevard. This will be a full service
restaurant selling beer, wine and liquor for on-premises consumption. The property is currently a
vacant lot within the Commercial General (CG) zoning district with frontage on Atlantic
Boulevard and Sturdivant A venue.
While the sale of beer and wine for on-premises consumption in conjunction with a full service
restaurant is a pe1mitted use with CG, the sale of liquor for on-premises consumption requires a
use-by-exception per Section 24-111(c)(3).
As this is new construction and the plans are still under review, there could be changes to the
cunent proposed site plan. As of today, it is planned to have a one way drive isle entering the site
from Atlantic Boulevard and exiting on Sturdivant A venue . The proposed parking area will have
angled parking and a total of 15 spaces , two of which are handicap parking. Additional parking is
being proposed through a shared parking agreement with the Beaches Town Center Association.
A dumpster will be located on the north side of the parking area near Sturdivant A venue. The
dumpster is required to be screened and fencing is proposed around an outdoor open area at the
north end of the property.
The nearest residential zoning and use is directly across Sturdivant A venue to the n01ih. This would
be the only full service restaurant with on-premises consumption of liquor between the Town
Center and Sailfish Drive with the exception of Hurricane Grill and Wings in front of the Publix
in Neptune Beach.
The Community Development Board will consider this item at their January 16, 2018 meeting.
Their recommendation will be provided in the final agenda or at the Commission meeting.
BUDGET: None.
RECOMMENDATION: To consider the CDB 's recommendation on UBEX17-0004.
ATTACHMENTS: UBEXI?-0004 applicati~pmt.
REVIEWED BY CITY MANAGER: --'r-"'F=-"=--------"'~"'--------==----=-=.,___-______ _
Agenda Item 8D
February 12, 2018
OR BK 17877 PAGE 507
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 817, 818, 819, 820, 821, 842 and 843, (/.lUI the 1Vesterly 5
feet. of Lot 822' and 844, SECTION NO. 3, SAL1'AIR,.
according to tlte plat th-ereof as recorded iu Plat Book 10, Page
16 of the Cttrrellt Public Records of Duval County, Florid(l,
00106662-1
Agenda Item 8D
February 12, 2018
OR BK 17877 PAGE 508
EXHIBIT "B"
Pennitted Exceptions
1. Taxes for 2017 and all subsequent years, not yet due and payable.
2. All matters contained on the Plat of Section No. 3 Saltair, as recorded in Plat Book 10,
Page16 Public Records of D~vaf County, Florida. ·
3. Notice and Agreement ofMitigation recorded in Official Records Book 14316, Page 1542,
Public Records of Duval County, Florida.
4. Encroachment of concrete drive into the right of way of Sturdivant A venue as shown on the
survey prepared by Boatwright Land Surveyors, Inc. dated March 12, 2008, updated March
10,2016, andJanuary23, 2017, File No.: 2017-0075.
4
Agenda Item 8D
February 12, 2018
EXHIBIT A
Application for Use-by-Exception
461 Atlantic Boulevard
Applicant, Atlantic Beach Yard Real Estate LLC ("Applicant"), seeks a use-by-exception to permit
on-premises consumption of alcoholic beverages in conjunction with a new barbeque restaurant
("Proposed Use") to be constmcted at 461 Atlantic Boulevard ("Propetty").
1. Ingress and egress to property and proposed stl'Uctures thereon with pat·ticular reference
to vehicular and pedestrian safety and convenience, traffic flow and control and access in
case of fire or catastrophe.
Applicant proposes construction of a 5,000 square foot, single-story building. Vehicular access to
the Property will be via one-way entrance to on-site parking from Atlantic Boulevard with exit
onto Sturdivant A venue. Pedestrian access to the propetty will be by the existing sidewalk on
Atlantic Boulevard. A conceptual site plan depicting the stmcture, ingress and egress is provided.
2. Parldng and Loading Spaces, where required, with particular attention to the items in (1)
above.
A total of 15 on-site parking spaces are provided, including two ADA spaces. A variance is being
sought to address off-site parking.
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.
The Propetty is one block west of the Central Business District ("CBD") within the Commercial,
General ("CO") zoning district. Restaurants, including those with on-premises consumption of
beer and wine, are permitted by right within the CO zoning district. Section 24-111 ( c )(3)
authorizes a use-by-exception for on-premises consumption of alcoholic beverages, and such use
is compatible with the existing commercial character of the CBD and those uses along Atlantic
Boulevard just west of the CBD. The addition of alcoholic beverage service to the permitted uses
will not result in excessive noise, glare and lighting, odor or traffic, and will not cause any adverse
impacts to adjoining propetties.
4. Refuse, trash collection and service areas, with particular reference to items (1) and (2)
above.
A concrete dumpster pad will be constructed at the northeast corner of the Propetty within the
parking lot as generally depicted on the site plan. A dumpster enclosure will be provided.
5. Utilities, with reference to locations, availability and compatibility.
Utilities will be provided by City of Atlantic Beach and JEA.
6. If adjacent uses are different types of users, describe type of screening and buffering that
will be provided between your use and the adjacent use.
1
Agenda Item 8D
February 12, 2018
The immediately sunounding uses to the west, south and east of the propetty are primarily
commercial with shopping plazas to the west and south, and medical and commercial offices and
a McDonalds to the east. The uses to the n01th include townhomes and the Community
Presbyterian Church. The Proposed Use will be screened from the propetties to the notth by
landscaping and a minimum 6 foot high opaque wood fence.
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.
Signage and lighting will comply with applicable regulations.
8. Required Yards and Other Open Space. Show building setbaclcs and areas of open space
on site plan.
See attached conceptual site plan.
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.
The Property is located along the Atlantic Boulevard commercial conidor, one block n01th of the
Beaches Town Center. The immediately surrounding area consists primarily of shopping centers
with restaurants such as Beach Diner and Davinci's Pizza and fast food establishments such as
McDonald's, Popeyes Louisiana Kitchen and Subway. The Proposed Use is consistent with the
commercial uses along Atlantic Boulevard, especially considering the Property's close proximity
to the CBD. Additionally, the project will introduce a new dining option for the City of Atlantic
Beach and sunounding neighborhoods consistent with the objectives of the CG zoning district
under the Comprehensive Plan.
2
Agenda Item 8D
February 12, 2018
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of a requested Use-by-Exception (File No. UBEX17-0004) to allow on-premises
consumption of alcoholic beverages in accordance with Chapter 3 of the code within the Commercial
General (CG) Zoning District and located at 461 Atlantic Boulevard provided:
1. Approval of this Use-by-Exception is consistentwith 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 24-111 (c) 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 TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission of a requested Use-by-(File No. UBEX17-0004) to allow on-premises consumption of
alcoholic beverages in accordance with Chapter 3 of the code within the Commercial General (CG)
Zoning District and located at 461 Atlantic Boulevard 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 24-111 (c) in that the proposed use is found to
be inconsistent with the uses petmitted in the CG zoning districts with respect to intensity of use,
traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby
residential uses.
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Agenda Item 8D
February 12, 2018