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1800 Mayport Road UBEX20-0003 Packet (Klotz)1800-1850 Mayport Road To obtain a license to serve alcohol to the guests of the Cultural Corridor events in UBEX20-0003 Request for a use-by-exception to allow on-premises consumption of alcohol in the Traditional Marketplace zoning district at 1820, 1830, 1844 and 1850 Mayport Road and 27 Edgar Street. UBEX20-0003 1800 Mayport Rd Site Context and Details The property know as 1800 Mayport Road containing 1820, 1830, 1844 and 1850 Mayport Road and 27 Edgar Street. The surrounding uses of the property include a church to the west, commercial businesses to the north and a single-family home and commercial business to the south. •In July of 2019, the applicant rezoned the property from Commercial General (CG) to Traditional Market Place (TM). Edgar St. Site Context and Details •Traditional Market Place (TM) zoning district allows live entertainment indoors and non-amplified music. It also allows the on-premises consumption of beer and wine in conjunction with a full-service restaurant where food is served to customers seated at tables/counters. •During the rezoning process in 2019, the applicant was granted a use-by-exception for amplified live entertainment both indoor and outdoor. Site Context and Details Proposal The applicant presented a mixed-use development concept which combined retail, outside live entertainment, mobile food vending (food trucks), retail, taproom, brewery and lodging. The applicant is seeking the use-by-exception for the on-site consumption of alcohol. While this is a permitted use in a taproom/brewery and a sit-down restaurant, this use-by exception would permit the sale and consumption onsite with the mobile food vending and live entertainment. Need for Use-By-Exception Sec. 24-116(c)(2) requires a use-by-exception for on-premises consumption of alcohol. Applicant has expressed the intent of this use-by exception to permit the sale and consumption onsite with the mobile food vending and live entertainment. •The Comprehensive Plan designates this property as the Marsh Oaks Business District and was identified during the 2018 Mayport Road Vision Implementation Plan for pedestrian friendly redevelopment. Considerations Chapter 3 of the code has existing regulations regarding alcohol: 1.Section 3-2 prohibits the sale of alcohol between 2:00 a.m. and 7:00 a.m. all days of the week 2.Section 3-7 requires sufficient lighting for the safety of patrons and employees during all times that the business is open, and 3.Section 3-8 limits consumption of alcohol to: 1.Inside the building or 2.Within a recreation area contiguous to the building or 3.Within an outdoor seating area contiguous to the building or •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 Board may consider placing conditions on the use-by-exception if approved, such as condition of hours and noise levels. Grounds for Decision APPROVAL The Community Development Board may consider a motion to approve the requested use-by-exception (UBEX20-0003) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Traditional Marketplace (TM) zoning district at 1800 Mayport Road 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 24-116(c)(2) in that the proposed use is found to be consistent with the uses permitted in the TM 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 requested use-by-exception (UBEX20-0003) to allow on-premises consumption of alcoholic beverages in Page 3 of 3 accordance with Chapter 3 of this Code within the Traditional Marketplace (TM) zoning district at 1800 Mayport Road 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 24-116(c)(2) in that the proposed use is found to be inconsistent with the uses permitted in the TM zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. 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 identified governing body or bodies in Commission Chambers located at 800 Seminole Road on the provided date and time. PROJECT Property Location Map Item No: UBEX20-0003 Address: 1820, 1830, 1844 & 1850 Mayport Rd. and 27 Edgar Applicant: Jeff Klotz PUBLIC HEARING(S) Body: Community Development Board Date July 21, 2020 Time: 6:00 PM Request: Request for a use-by-exception to allow on-premises consumption of alcoholic beverages within the Traditional Marketplace zoning district at 1820, 1830, 1844 & 1850 Mayport Road and 24 Edgar. Summary: The applicant is requesting a use-by-exception to serve alcoholic beverages. On-premises consumption of alcoholic beverages is a use-by-exception within the Traditional Marketplace 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 advised 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 Notices https://www.coab.us/960/Public-Notices. Interested parties may appear at the public hearing and be heard regarding the item(s). If you plan on appearing and have written comments and/or pictures, please email everything 24 hours prior to the hearing. If you are not able to attend the hearing, you can email your written comments to aaskew@coab.us 24 hours prior to the hearing. The following measures will be taken to create a clean meeting environment and ensure social distancing: 1. Commission chambers will be cleaned and sanitized prior to the meeting. 2. Hand sanitizer will be available outside of chambers. 3. We ask that only people associated with each case come in when their case is called. 4. Attendees will wait in the breezeway on marked spaces that are 6 feet apart and wait for their case to be called. There is an outside speaker in the breezeway that will amplify the sound from chambers. 5. Audience chairs will be spaced 6 feet apart. 6. Masks will be required during the meeting. 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.