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425 Atlantic Boulevard UBEX20-0001 Packet (DeWitt)9 parking spaces 15 rooms plus an owners residence Palms hotel got similar ube with conditions of: max 35 people in lounge, 10pm on weekdays and 11pm on weekends Fire marshall will control how many people allowed at any time with occupancy levels number of people allowed with concerns about parking especially. Mr. Hansen agreed with a need to condition the number of people allowed. Mr. Elmore stated that the Fire Marshall will limit the number of people. Mr. Hansen also stated that he was in favor of limiting hours. Mr. Elmore asked for the makeup of the 10 rooms. Mr. Schwartzenberger stated that they have a collection of single kings, single queens and double queens. Mr. Elmore then asked there were roll away beds available. Mr. Schwartzenberger replied that they did not. Mr. Elmore then asked if 50 people would be a fair number. Mrs. Paul stated that she also felt that the Fire Marshall could regulate it. Mrs. Lanier asked how staff would verify the number of people. Mr. Hubsch stated that it would be largely based on complaints. Mr. Hansen asked what the applicant would say is a reasonable number of people to allow. Mr. Schwartzenberger said that the 30 to 35 would be acceptable. Mrs. Simmons asked if parking would self regulate itself with regards to the number of people as people would have no where to park. Mrs. Lanier agreed. Mrs. Simmons proposed a limit of hours to 10 PM on weekdays and 11 PM on weekends. Mrs. Lanier agreed and asked the applicant if that was acceptable. He replied that it was. Mrs. Simmons asked if 35 people would be acceptable. Mrs. Lanier, Mr. Hansen and Mrs. Paul said that it would. Motion Mrs. Simmons made a motion to recommend approval of the use-by- exception to the City Commission with the following conditions: 1. That the hours of sale be stopped at 10 PM Sunday through Thursday and at 11PM on Friday and Saturday. 2. That the maximum number of people in the lounge area be limited to 35. 3. That the sales be limited to beer and wine only. Mr. Hansen seconded the motion. The motion carried unanimously. B. 15-UBEX-1043 (PUBLIC HEARING) Request for a use-by-exception as permitted by Section 24- 111(c)(2), to permit a veterinary clinic within the Commercial General (CG) Zoning District at 725 Atlantic Boulevard, Unit 1. Staff Report Mr. Reeves introduced the item and explained that this is a use-by- exception for a veterinary clinic within the Commercial General zoning district. The surrounding uses are commercial with the exception of residential use across Sailfish Drive to the northeast. The plan is too Page 4 of 11 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. UBEX20-0001 Request for a use-by-exception to allow on-premises consumption of beer and wine within the Commercial General zoning district at 425 Atlantic Boulevard. LOCATION 425 Atlantic Boulevard APPLICANT Charles Curtis Dewitt DATE July 21, 2020 STAFF Brian Broedell, Planner STAFF COMMENTS The applicant is Mr. Dewitt, one of the owners of the Salt Air Inn and Suites located at 425 Atlantic Boulevard. The property is located within the Commercial General (CG) zoning district, which allows hotels. The hotel was built in 1946 and purchased by the current owners last year. The owners are currently renovating the hotel rooms and adding a courtyard area for guests. In preparation of completing the renovations and hosting guests, the applicant is requesting to serve beer and wine to guests on-premises. Section 24-112(c)(3) requires a use-by-exception for on-premises consumption of alcohol. Surrounding uses of the hotel include commercial businesses to the south, west, and east. To the north, directly across the street, is the Community Presbyterian Church. The nearest residential property is about 150 feet to the east. 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: 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. Page 2 of 2 SUGGESTED ACTION FOR APPROVAL The Community Development Board may consider a motion to approve the requested use-by- exception (UBEX20-0001) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Commercial General (CG) zoning district at 425 Atlantic Boulevard 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 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 FOR DENIAL The Community Development Board may consider a motion to deny the requested use-by- exception (UBEX20-0001) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Commercial General (CG) zoning district at 425 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 24-112(c)(3) in that the proposed use is found to be inconsistent 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. Request for a use-by-exception to allow on-premises consumption of beer and wine within the Commercial General (CG) zoning district at 425 Atlantic Boulevard. UBEX20-0001 425 Atlantic Blvd. Site Context and Details This property is the Salt Air Inn & Suites, which is currently undergoing major renovations Commercial uses to the east & west. The Community Presbyterian Church is across Sturdivant Avenue to the north. Roughly 150 feet to the nearest residential property This property is zoned Commercial General (CG). Proposal & Need for UBE The applicants are currently renovating the hotel rooms and adding a courtyard area for guests. The applicants are requesting to serve beer and wine to guests on-premises. Section 24-112(c)(3) requires a use-by-exception for on- premises consumption of alcohol. 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 (UBEX20-0001) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Commercial General (CG) zoning district at 425 Atlantic Blvd. 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 CG 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 (UBEX20-0001) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Commercial General (CG) zoning district at 425 Atlantic Blvd. 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 CG 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: UBEX20-0001 Address: 425 Atlantic Boulevard Applicant: Charles Curtis Dewitt 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 beer and wine within the Commercial General zoning district at 425 Atlantic Boulevard. Summary: The applicants are requesting a use-by-exception to serve beer and wine to guests of the Salt Air Inn and Suites located at 425 Atlantic Boulevard. On-premises consumption of beer and wine is a use-by-exception within the Commercial General 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.