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725 Atlantic Boulevard UBEX20-0002 Packet (Forgotten City Bottling)UBEX20-0002 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. UBEX20-0002 Request for a use-by-exception to allow on-premises consumption of alcohol within the Commercial General zoning district at 725 Atlantic Boulevard. LOCATION 725 Atlantic Blvd. (RE#171363-0000) APPLICANT Forgotten City Bottling, Inc. DATE July 21, 2020 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Forgotten City Bottling, Inc, on behalf of the owner of the property (Atlantic- Penman LLC) for the property located at 725 Atlantic Blvd. This property is zoned Commercial General (CG) and is located in the North Beach Shopping Center. They will be located in the tenant space that was formally Atlantic Beach Brewing Company. The applicant is seeking the use-by-exception for the on-site consumption of alcohol. The applicant is proposing a business that will contain a gift shop, alcohol sampling/sales, food sampling and the bottling of alcohol. The consumption of beer and wine in conjunction with a sit down restaurant is a permitted use in this zoning district. This use-by exception would permit the sale and consumption of alcohol onsite. The remainder of their proposed uses are permitted in the CG zoning district. Section 24-112(c)(3) requires a use-by-exception for on-premises consumption of alcohol. The multitenant shopping center has similar uses and zoning on the east, south and west. The property located to the north is residential. 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 as Commercial which is intended to provide appropriate locations for neighborhood and community businesses providing services and retail sales for the City and the closely surrounding communities. 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 Atlantic Blvd. Blvd. Page 2 of 2 - 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 (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 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 (UBEX20-0002) 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. Request for a use-by-exception to allow on-premises consumption of alcohol within the Commercial General (CG) zoning district at 725 Atlantic Boulevard. UBEX20-0002 725 Atlantic Blvd. Site Context and Details 725 Atlantic Blvd. is located in the North Beach Shopping Center, in the tenant space that was formally Atlantic Beach Brewing Company. 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).Sailfish Dr. ECavalla Rd. Proposal The applicant is proposing a business that will contain a giftshop, alcohol sampling/sales, food sampling and the bottling of alcohol. The consumption of beer and wine in conjunction with a sit- down restaurant is a permitted use in the Commercial General (CG) zoning district. This use-by exception would permit the sale and consumption of alcohol onsite. Need for a UBEX Section 24-112(c)(3) requires a use-by-exception for on-premises consumption of alcohol. The consumption of beer and wine in conjunction with a sit-down restaurant is a permitted use in this zoning district. This use-by exception would permit the sale and consumption of alcohol onsite. The remainder of their proposed uses are permitted in the CG zoning district. The Comprehensive Plan designates this area as Commercial which is intended to provide appropriate locations for neighborhood and community businesses providing services and retail sales for the City and the closely surrounding communities. 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 (UBEX20-0002) 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 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 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: UBEX20-0002 Address: 725 Atlantic Boulevard Applicant: Forgotten City Bottling Inc. 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 Commercial General zoning district at 725 Atlantic Boulevard. Summary: The applicants are requesting a use-by-exception to serve alcoholic beverages Forgotten City Bottling, Inc. located at 725 Atlantic Boulevard Suite 15 (formerly Atlantic Beach Brewing Company). 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. 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. Atlantic Blvd. 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.