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363 Atlantic Boulevard Unit 8 UBEX21-0005 Packet (Reemsnyder)UBEX21-0005 169730-0005 November 18, 2021 RE: UBEX To whom it concerns: Lote Group LLC d/b/a NShore , LLC P.O. Box 357742 Gainesville, FL 32635 We give The Potent Pig dba The Candle Garden, consent to apply for a beer and wine license at The Shoppes of North Shore, 363 Atlantic Blvd, Suite 8, Atlantic Beach, FL 32233. Please feel free to contact me if you need additional information. Pam Wilkinson Property Manager (386) 406-3704 pam@lotegroup.com My name is Jordan, and I am the owner of The Candle Garden located at 363 Atlantic Blvd. Suite 8. In the short time I have been at my new store, I’ve met many new, excited customers, visitors, and residents of Atlantic Beach who have welcomed me with excitement and enthusiasm. As a woman-owned business that I have built from the ground up, I am thrilled and thankful to be a resident and business owner entirely started and located in Atlantic Beach. I am conducting candle classes, which are an exciting, social activity that complements and enhances the vibran- cy of our Beaches Town Center. I believe this concept broadens the offerings of the Town Center, and imparts a great lasting impression of our community on residents and visitors of Atlantic Beach alike. I’m applying for a beer and wine license because I believe the social atmosphere of my business imparts strong opportunity for interaction. Similar to how we gather around a table to share a meal, beer and wine historically brings people together to host conversations, share stories, or engage in learning activities such as my candle classes. My proposal is to complement my classes with the option to purchase an alcoholic beverage for con- sumption. Additionally, it will expand my business’s offerings and give me more control over consumption instead of a “bring your own” or “BYO” model. I thank you for your consideration and I look forward to building my business to its fullest potential, and hope to further brighten our already vibrant community, right here in Atlantic Beach. Thank you, Jordan Reemsnyder CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.D CASE NO. UBEX21-0005 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 8. LOCATION 363 Atlantic Boulevard, Unit 8 (RE#169730-0005) APPLICANT Jordan Reemsnyder DATE November 19, 2021 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Jordan Reemsnyder, on behalf of the property owners of the Shoppes of Northshore located at 363 Atlantic Boulevard, Unit 8. 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 candle making classes and is seeking a use-by-exception for the sales of alcohol in conjunction with the sale of the candles. 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 in 2018 the same zoning district at 299 Atlantic Blvd. for a use-by-exception for on-premises consumption of alcohol in conjunction with retails sales. 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 (UBEX21-0005) 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 8 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. SUGGESTED ACTION FOR DENIAL The Community Development Board may consider a motion to deny the requested use-by- exception (UBEX21-0005) 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 8 provided: Page 3 of 3 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 8. UBEX21-0005 363 Atlantic Boulevard, Unit 8 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). Atlantic Boulevard .Site Context &Details The shopping center has similar uses and zoning to the east and west. The properties located to the north are residential. Proposal The applicant is proposing a business that will contain candle making classes. 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 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 (UBEX21-0005) 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 8 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 (UBEX21-0005) 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 8 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: UBEX21-0005 Address: 363 Atlantic Boulevard, Unit 8 (RE# 170744 0000) Applicant: Jordan Reemsnyder PUBLIC HEARING(S) Body: Community Development Board Date December 21, 2021 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 8. The candle marking and retail store 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 8. 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.