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363 Atlantic Boulevard Suite 4 UBEX21-0006 Packet (NShore LLC)CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. UBEX21-0006 Request for a use-by-exception to allow on-premises consumption of alcohol within the Central Business District (CBD) zoning district at 363 Atlantic Boulevard, Unit 4. LOCATION 363 Atlantic Boulevard, Unit 4 (RE#169730-0005) APPLICANT NShore LLC DATE January 1, 2022 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant, Brandon Stanko, on behalf of the property owners of the Shoppes of Northshore located at 363 Atlantic Boulevard, is seeking a use-by-exception for on premise consumption of alcohol for Unit 4. This property is located and zoned as the Central Business District (CBD). This shopping center is located north of the Third Street and Atlantic Boulevard intersection. The shopping center contains multiple uses. The applicant is seeking a use-by-exception for the on-site consumption of alcohol in conjunction with a retail establishment. The applicant is proposing a business that will contain a barber shop and is seeking a use- by-exception for the sales of alcohol in conjunction with the barber shop. This use-by exception would permit the sale and consumption of alcohol onsite. The remainder of their proposed uses are permitted in the CBD zoning district. Section 24-115(c)(5) requires a use-by-exception for on-premises consumption of alcohol. The subject property has similar uses and zoning to the east and west. The properties located to the north are zoned multi-family and developed as townhouses. Uses found in the Shoppes of Northshore include a bank, retail shops, a restaurant, café, and medical spas. The Board may consider placing conditions on the use-by-exception if approved, such as condition of hours and noise levels. The Comprehensive Plan designates this area on the future land use map as Central Business District. This FLUM designates this area as a well-established pattern and character of development, and permitted uses include retail, office, restaurant, and certain entertainment uses, which contribute to the commercial, Atlantic Blvd Page 2 of 3 civic and cultural vitality of the City as illustrated within the Atlantic Beach Town Center area. The Central Business District is an economic, cultural, historic and architectural anchor of the City. In order to sustain these qualities, new development and redevelopment within the Central Business District shall be reflective of the architectural styles and fabric of the area. Consistency and compatibility with the existing built environment shall be considered in the review and issuance of Development Permits within the Central Business District. A similar use-by-exception request was granted last month in the same shopping center for on premise consumption of beer and wine in conjunction with a candle making retail establishment. The CDB conditioned the approval that beer and wine sales be limited to noon to 11pm. Also, in 2018 a use-by- exception for on-premises consumption of alcohol in conjunction with retails sales as granted the same zoning district at 299 Atlantic Blvd. Chapter 3 of the code has existing regulations regarding alcohol: - Section 3-2 prohibits the sale of alcohol between 2:00 a.m. and 7:00 a.m. all days of the week - Section 3-7 requires sufficient lighting for the safety of patrons and employees during all times that the business is open, and - Section 3-8 limits consumption of alcohol to: o Inside the building or o Within a recreation area contiguous to the building or o Within an outdoor seating area contiguous to the building 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. SUGGESTED ACTION FOR APPROVAL The Community Development Board may consider a motion to approve the requested use-by- exception (UBEX21-0006) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Central Business District (CBD) zoning district at 363 Atlantic Boulevard, Unit 4 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 24-115(c)(5) 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. Page 3 of 3 SUGGESTED ACTION FOR DENIAL The Community Development Board may consider a motion to deny the requested use-by- exception (UBEX21-0006) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Central Business District (CBD) zoning district at 363 Atlantic Boulevard, Unit 4 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 24-115(c)(5) in that the proposed use is found to be inconsistent 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. Request for a use-by-exception to allow on-premises consumption of alcohol within the Central Business District (CBD) zoning district at 363 Atlantic Boulevard, Unit 4. UBEX21-0006 363 Atlantic Boulevard, Unit 4 Site Context and Details 363 Atlantic Boulevard is located north of the 3rd Street and Atlantic Blvd. intersection. This property is zoned Central Business District (CBD). .Site Context & Details The shopping center has similar uses and zoning to the east and west. .Site Context & Details Uses found in the Shoppes of Northshore include a bank, retail shops, café, medical spa, etc. The properties located to the north are zoned multi-family and developed as townhomes. Proposal The applicant is proposing a business that will contain a barber shop. This is a permitted use in the CBD zoning district. Applicant is proposing to sell alcohol along with the permitted use. The consumption of alcohol in the Central Business District (CBD) zoning district is only permitted through a use-by- exception. This use-by exception would permit the sale and consumption of alcohol on-site. Need for a UBEX Section 24-115(c)(5) requires a use-by-exception for on-premises consumption of alcohol. The remainder of their proposed uses are permitted in the CG zoning district. The Comprehensive Plan designates this area as Central Business District which is identified as an economic, cultural, historic and architectural anchor of the city. Consistency and compatibility with the existing built environment shall be considered in the review and issuance of Development Permit within the CBD. FLUM UBEX Similar UBEX was granted last month in the same shopping center for on premise consumption of beer & wine in conjunction with a candle making retail establishment. Conditions placed on property: Beer & wine sales only Limited from noon to 11pm The consumption of alcohol in the Central Business District (CBD) zoning district is only permitted through a use-by- exception. Considerations The Board may consider placing conditions on the use-by-exception if approved, such as condition of hours and noise levels. Chapter 3 of the code has existing regulations regarding alcohol: Section 3-2 prohibits the sale of alcohol between 2:00 a.m. and 7:00 a.m. all days of the week Section 3-7 requires sufficient lighting for the safety of patrons and employees during all times that the business is open, and Section 3-8 limits consumption of alcohol to: Inside the building or Within a recreation area contiguous to the building or 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. Grounds for Decision APPROVAL The The Community Development Board may consider a motion to approve the requested use-by-exception (UBEX21-0006) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Central Business District (CBD) zoning district at 363 Atlantic Blvd, Unit 4 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 24-112(c)(3) 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. Grounds for Decision DENIAL The Community Development Board may consider a motion to deny the The Community Development Board may consider a motion to deny the requested use-by-exception (UBEX21-0006) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Central Business District (CBD) zoning district at 363 Atlantic Blvd. Unit 4 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 24-112(c)(3) in that the proposed use is found to be inconsistent 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. 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 Community Development Board (CDB). The public is invited to attend in person. The meeting will be held in Commission Chambers located at 800 Seminole Road. PROJECT Property Location Map Item No: UBEX21-0006 Address: 363 Atlantic Boulevard, Unit 4 (RE# 169730-0005) Applicant: NShore LLC PUBLIC HEARING(S) Body: Community Development Board Date January 18, 2022 Time: 6:00 PM Request: Request for a use-by-exception to allow on-premises consumption of alcoholic beverages within the Central Business District (CBD) zoning district at 363 Atlantic Boulevard, Unit 4. The barber shop is seeking to sell beer and wine. Summary: The applicants are requesting a use-by-exception to serve alcoholic beverages located at 363 Atlantic Boulevard Unit 4. On-premises consumption of alcoholic beverages is a use-by-exception in within the CBD. 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. For additional questions please contact Amanda Askew, Director of Planning and Community Development at aaskew@coab.us or 904-247-5841. Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance. 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.