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695 Atlantic Boulevard UBEX20-0002 Packet (Art of Cigars)CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.D CASE NO. UBEX20-0004 Request for a use-by-exception to allow a tattoo and body artist studio within the Commercial General zoning district at 695 Atlantic Boulevard. LOCATION 695 Atlantic Boulevard (RE# 170656-0000) APPLICANT Art of Cigars DATE September 9, 2020 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant, Art of Cigars, is seeking a use-by-exception for the on-site consumption of alcohol at their location within the shopping plaza at 695 Atlantic Boulevard. This is a multi-tenant shopping plaza and is within the Commercial General (CG) zoning district. It is located on the northeast corner of Atlantic Boulevard and Seminole Road. The property is surrounded by commercial uses and has vehicle parking in front of the building with access to Atlantic Blvd and Seminole Rd. Within the CG zoning district, on-site consumption of alcohol is a use-by-exception. The existing retail sales of cigars is a permitted use which was approved at the staff level. The existing business has been in business for over eight years. The city also has another use-by-exception application for tattooing in the same shopping center. The shopping plaza to the west is zoned CG and consist of restaurants, service establishments and retail space. The property to the north is zoned residential, general multi-family (RG-M). The property to the east is zoned CG and is primarily retail. Atlantic Blvd. Page 2 of 3 CONSIDERATIONS The Code defines a use-by-exception as “a departure from the general permitted uses set forth for the various zoning districts, which if limited in number such that these uses do not dominate an area, and when subject to appropriate conditions, may be acceptable uses in the particular area.” - This year we have approved three (3) use-by-exception for consumption of alcohol on-site in association with other uses. All the applications were approved and the consumption of alcohol is secondary to the primary use. The following were approved 496 Atlantic Blvd (Salt Air hotel), 725 Atlantic Blvd (Forgotten City Bottling) and 1800 Mayport Rd (live entertainment and mobile food vending). Section 24-63(d): The review of any application for a use by exception shall consider each of the following: Note that this is an existing building and some considerations may not be applicable. (1) Ingress and egress to property with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. (2) Off-street parking and loading spaces. (3) The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the use-by- exception being requested. (4) Refuse and service areas, with particular reference to items [subsections] (1) and (2) above. (5) Utilities, with reference to locations, availability and compatibility. (6) Screening and buffering, with reference to type, dimensions and character. (7) Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the district. (8) Required yards, impervious surface ratios and other open space regulations. (9) General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of the Comprehensive Plan. (10) For those properties within the commercial corridors, consistency with the intent of section 24-171, commercial corridor development standards. Comprehensive Plan: According to the 2030 Comprehensive Plan, this property is located within the Salt Air Business District future land use designation. This general area was originally developed by the Saltair Development Corporation in 1925. Today this area reflects a mixed development pattern that transitions between the historic Town Center and suburban retail to the west along Atlantic Boulevard with Sturdivant Avenue to the north. The land use category was created to allow the Town Center to expand incrementally towards Sailfish Drive without creating conflicts with properties zoned Commercial General. Zoning District: This property is located within the Commercial General (CG) zoning district. This district shall include those businesses that provide retail goods and services, which serve the routine and daily needs of residents, including banks and professional services, grocery and convenience stores, restaurants, accredited public and private schools and child care, but not including manufacturing, warehousing, storage or high intensity commercial activities of a regional nature, or uses that have the potential for negative impact to surrounding properties due to excessive noise, light or extremely late hours of operation. Page 3 of 3 SUGGESTED ACTION FOR APPROVAL The Community Development Board may consider a motion to approve the requested use-by- exception (UBEX20-0004) to allow on-site consumption of alcohol within the Commercial General (CG) zoning district at 695 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)(13) 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 (UBEX20-0004) to on-site consumption of alcohol within the Commercial General (CG) zoning district at 695 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)(13) 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 alcohol within the Commercial General (CG) zoning district at 695 Atlantic Boulevard. UBEX20-0002 695 Atlantic Blvd. Site Context and Details 695 Atlantic Blvd. is located in the North Beach Shopping Center, in the shopping plaza The multitenant shopping center has similar uses and zoning on the east, south and west. The property located to the north is residential. This property is zoned Commercial General (CG). Atlantic Blvd. Proposal The applicant has an existing retail business (cigars) and is proposing to add on-site consumption of alcohol This use-by exception would permit the consumption of alcohol onsite. Considerations This property (shopping center) is surrounded by commercial uses The shopping center has parking (more than required by code) in front of the building and access to Seminole Rd and Atlantic Blvd The Code defines a use-by-exception as “a departure from the general permitted uses set forth for the various zoning districts, which if limited in number such that these uses do not dominate an area, and when subject to appropriate conditions, may be acceptable uses in the particular area.” This year we have approved three (3) use-by-exception for consumption of alcohol on-site in association with other uses. All the applications were approved and the consumption of alcohol is secondary to the primary use. The following were approved 496 Atlantic Blvd (Salt Air hotel), 725 Atlantic Blvd (Forgotten City Bottling) and 1800 Mayport Rd (live entertainment and mobile food vending). Considerations Comprehensive Plan: According to the 2030 Comprehensive Plan, this property is located within the Salt Air Business District future land use designation. This general area was originally developed by the Saltair Development Corporation in 1925. Today this area reflects a mixed development pattern that transitions between the historic Town Center and suburban retail to the west along Atlantic Boulevard with Sturdivant Avenue to the north. The land use category was created to allow the Town Center to expand incrementally towards Sailfish Drive without creating conflicts with properties zoned Commercial General. Zoning District: This property is located within the Commercial General (CG) zoning district. This district shall include those businesses that provide retail goods and services, which serve the routine and daily needs of residents, including banks and professional services, grocery and convenience stores, restaurants, accredited public and private schools and child care, but not including manufacturing, warehousing, storage or high intensity commercial activities of a regional nature, or uses that have the potential for negative impact to surrounding properties due to excessive noise, light or extremely late hours of operation. 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 (UBEX20-0004) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Commercial General (CG) zoning district at 695Atlantic 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 (UBEX20-0002) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Commercial General (CG) zoning district at 725 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 Community Development Board (CDB) in a hybrid quasi-judicial format will allow for both virtual participation and in-person participation. All board members will be participating virtually. Virtual participation can be accessed via https://www.coab.us/506/Meeting-Videos. You will be prompted to register. You must register to watch/listen or to provide public comment. In person participation will be held in Commission Chambers located at 800 Seminole Road. PROJECT Property Location Map Item No: UBEX20-0004 Address: 695 Atlantic Boulevard (RE # 170656-0000) Applicant: Art of Cigars PUBLIC HEARING(S) Body: Community Development Board Date September 15, 2020 Time: 6:00 PM Request: Request for a use-by-exception to allow on-premises consumption of alcoholic beverages within the Commercial General zoning district at 695 Atlantic Boulevard. Summary: The applicants are requesting a use-by-exception to serve alcoholic beverages at Art of Cigars located at 695 Atlantic Boulevard Suite. On-premises consumption of alcoholic beverages 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. The city will hold a “hybrid” quasi-judicial hearing as outlined in Resolution No. 20-32. The city will use following format as defined in Resolution 20-32 for these type of meetings: 1. Communications Media Technology (CMT) means any alternative forms of audio, video, electronic, or digital communication transmitted or hosted via telecommunications or computer web-based platform services. These procedures for quasi-judicial hearings are "hybrid," in that they allow for both virtual participation and in person participation, subject to the provisions below. 2. Implementation of these CMT procedures may only be utilized during the pendency of a declared State of Emergency by the Governor’s office. The Executive Order of the Governor must allow for suspension of any Florida Statute requiring a quorum to be physically present. CMT procedures must comply with Section 120.54(5)(b)(2), Fla. Stats. 3. These CMT procedures will be available for meetings of the City Commission, Community Development Board, and any other City board or committee that may conduct a quasi-judicial hearing. 4. All applicants have the option of deferring their case to be heard at a future date under established non-emergency hearing procedures. 5. Any applicant choosing to have their case heard under these CMT procedures must complete the Acknowledgement and Waiver Form provided. This form must be completed by the Applicant, Agent, if any, AND the property owner if not the Applicant. The form must be sworn to or affirmed, and notarized. 6. Noticing provisions are not suspended. Noticing will be as required by the City Code and Florida Statutes. Noticing will include information on how the public or Applicants may participate by CMT. 7. Agenda packets and registration instructions will be available online at coab.us 8. The Commission Chambers will be open for public attendance consistent with City health and safety procedures published on the City’s website and provided with agenda notices. Physical attendance in the Commission Chambers will be prioritized as follows: a. Applicant and/or Applicant’s Agent/ Legal Counsel and Witnesses b. General Public 9. The members of the General Public and the Applicants and/or Applicant’s Agent that choose to attend the hearing physically in the Commission Chambers will be directed to speak into a laptop that is logged in to the zoom meeting. 10. Applicants and/or Applicants’ Agent may attend physically or by CMT. Witnesses and affected parties may appear by CMT or physically on a limited basis consistent with health and safety procedures established by the City. All testimony at quasi-judicial hearings will be sworn under oath. Please be advised that members of the public and witnesses may or may not be granted physical access to the inside of Commission Chambers until it is their specific time to speak at the discretion of the meeting moderator present in the Commission Chambers. A speaker located outside of Chambers will also broadcast the meeting. 11. Presentation materials, documents, witness lists, photographs, and other evidence and exhibits must be provided to the City Clerk’s Office if the quasi-judicial hearing is occurring before the City Commission, or to the Community Development Board staff secretary if the hearing will occur before the Community Development Board, no later than three (3) business days prior to the meeting to provide all applicants, staff, board members, attorneys and adversely affected parties to have the same information prior to the start of the meeting or quasi-judicial hearing. 12. Public comment and participation will be conducted with a 5-minute limit on all speakers. Members of the public who wish to participate using CMT will be requested to dial in to the announced phone bank number or connect to the zoom link for video and audio participation published on the specific agenda notice for that meeting. The participants will be placed on hold and queued for each agenda item public comment period or applicable public hearing. In the alternative, members of the public may provide written comment to the City Clerk or Community Development Board staff secretary prior to the hearing via U.S. Mail or email, no later than 6 hours before the meeting begins. The City staff present at the meeting or Board Chair will read any received written comments into the record. The City staff present at the meeting will receive and preserve all written comment consistent with Florida Public Records law but will only read into the record the equivalent of five minutes or 500 words. 13. An opportunity for persons to speak on each agenda item or case, virtually or in-person, will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence by adversely affected parties, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you do not wish to be either cross-examined or sworn, your testimony will be given its due weight under Florida law. Applicants, City staff and adversely affected parties will be permitted to cross-examine witnesses and parties. However, the public may request the Board Chair or moderator to ask questions of parties or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. 14. Applicants and/or Applicants’ Agent/Legal Counsel may rebut public comments through the Chairperson. 15. All other rules of decorum apply to the extent they do not conflict or are not applicable. The meeting moderator will monitor adherence to the Commission Rules of Procedure, these CMT Procedures or Robert’s Rules of Order and may mute any persons determined to be in violation. Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance.