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299 Atlantic Boulevard UBEX18-0002 Staff Report CDBAGENDA ITEM 4.A CASE NO. UBEX18-0002 Request for a use-by-exception as permitted by Section 3-5, to allow the sale of alcoholic beverages for on-premises consumption in accordance with Chapter 3 of the code at 299 Atlantic Boulevard, Unit #1. LOCATION 299 Atlantic Boulevard, Unit 1 APPLICANT Julie Ann Weber DATE December 10, 2018 STAFF Derek W. Reeves, AICP, Principal Planner  STAFF COMMENTS The applicant is Julie Ann Weber, the owner of the proposed business at 299 Atlantic Boulevard, Unit 1. The business will be a men’s apparel, grooming products, and gifts retail store with a café serving beverages including coffee, tea, beer, and wine. The store will be set up with the retail area in the front and the café/bar area in a back room. This unit is located within an existing multi-tenant commercial building within the Central Business District zoning district. Section 3-5 requires a use-by-exception for on-premises consumption of alcoholic beverages within the Central Business District. The applicant is not proposing any changes to the ingress or egress of the existing building or to the existing parking on site. A central dumpster location is used for the tenant’s building. The applicant will install signage to code. Surrounding uses include commercial businesses to the east, west and south of this unit with a commercial parking lot to the north. The nearest existing residential is multi-family approximately 165 feet to the north beyond the parking lot and across Ahern Street from the applicant’s unit. There are no proposed outdoor seating areas as part of this business. Multiple other businesses in the area sell alcohol for on-premises consumption in the area. Most of those businesses are full service restaurants. The property is located within the Central Business District Future Land Use designation. Policy A.1.11.1 Central Business District of the City’s Comprehensive Plan states that the CBD is an area that contains a well-established pattern and character of development, and permitted uses include retail, office, restaurant, and certain entertainment uses, which contribute to the commercial, civic and cultural vitality of the City. The proposed business is not proposing to alter the character of development and fits the desired uses of retail and café/restaurant. 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. UBEX18-0002) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code within the Central Business District (CBD) Zoning District and located at 299 Atlantic Boulevard, Unit 1 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 24-114(b) in that the proposed use is found to be consistent with the uses permitted in the CBD 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. UBEX18-0002) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code within the Central Business District (CBD) Zoning District and located at 299 Atlantic Boulevard, Unit 1 provided: Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. The requested use is not consistent with Section 24-114(b) in that the proposed use is found to be inconsistent with the uses permitted in the CBD zoning districts with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses.