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725 Atlantic Boulevard UBEX21-0001 Packet (Firefly Bay)UBEX21-0001 January 22, 2021 City of Atlantic Beach Re: 725 Atlantic Blvd, Unit 06 Atlantic Beach FL 32233 To Whom It May Concern: As Managing Member of Atlantic-Penman, LLC, I certify that we are legal owner of North Beach Center located at 725 Atlantic Blvd, Atlantic Beach FL 32233. We hereby give permission to Don Morris to apply for Use-By-Exception for his proposed restaurant to be located in Unit 6 inside our center (725 Atlantic Blvd). COJ Acct #171363-0000 Legal Description: 31-1 38-2S29E 3.95 ROYAL PALMS UNIT 2 A LOTS, 1,2,3(EX PT RECD 5294-36, 5649-1182,PT IN R/W) BLK 16 Folio Number: 1355606.0000 If you have any questions, please do not hesitate to call me at 904-294-6093. Sincerely, Farzin Darabi Managing Member Atlantic-Penman LLC NORTH BEACH CENTER 500 3rd Street South Jacksonville Beach FL 32250 Brittany.driver1@gmail.com 904-305-1370 Fax: 904-241-1301 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. UBEX21-0001 Request for a use-by-exception to allow live entertainment within the Commercial General zoning district at 725 Atlantic Boulevard. LOCATION 725 Atlantic Blvd., Suite 6 (RE#171363-0000) APPLICANT Firefly Bay DATE February 16, 2021 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Firefly Bay, on behalf of the owner of the property (Atlantic-Penman LLC) for the property located at 725 Atlantic Blvd (suite 6). 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 North Beach Bistro. The applicant is seeking a use-by- exception for live entertainment. They are proposing the live entertainment in conjunction with a restaurant. The restaurant portion is a permitted use in the CG zoning district. Section 24-112(c)(3) requires a use-by- exception for live entertainment. The multitenant shopping center has a mixture of restaurants and retails uses. The uses and zoning on the east, south and west are similar. 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. 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. Atlantic Blvd. Blvd. Page 2 of 2 SUGGESTED ACTION FOR APPROVAL The Community Development Board may consider a motion to approve the requested use-by- exception (UBEX21-0001) to allow live entertainment within the Commercial General (CG) zoning district at 725 Atlantic Blvd. suite 6 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 live entertainment within the Commercial General (CG) zoning district at 725 Atlantic Blvd. suite 6 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 live entertainment within the Commercial General (CG) zoning district at 725 Atlantic Boulevard. UBEX21-0001 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 North Beach Bistro. 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. Atlantic Blvd. Proposal The applicant is proposing a business that will have a restaurant (permitted use in this zoning district) and live entertainment. 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 live entertainment. Live entertainment includes, but is not limited to, singers, pianists, musicians, musical groups, bands, vocal or instrumental dancers, theatrical shows, magicians, performers, comedians and all fashions, forms and media of entertainment carried on and conducted in the presence of and for the entertainment and amusement of others and as distinguished from records, tapes, pictures and other forms of reproduced or transmitted entertainment. Live Proposal Live entertainment includes, but is not limited to, singers, pianists, musicians, musical groups, bands, vocal or instrumental dancers, theatrical shows, magicians, performers, comedians and all fashions, forms and media of entertainment carried on and conducted in the presence of and for the entertainment and amusement of others and as distinguished from records, tapes, pictures and other forms of reproduced or transmitted entertainment. Live entertainment, as used within these land development regulations, shall not include adult entertainment establishments as defined by F.S. §847.001(2) Need for a UBEX Section 24-112(c)(3) requires a use-by-exception for live entertainment. 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. •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 (UBEX21-0001) to allow live entertainment 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 (UBEX21-0001) to allow live entertainment 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 format that will allow for both virtual participation and in-person participation. Some board members may be participating virtually but at a minimum a quorum will be present in-person. 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: UBEX21-0001 Address: 725 Atlantic Boulevard Applicant: Firefly Bay PUBLIC HEARING(S) Body: Community Development Board Date February 16, 2021 Time: 6:00 PM Request: Request for a use-by-exception to allow live entertainment within the Commercial General zoning district at 725 Atlantic Boulevard. Summary: The applicants are requesting a use-by-exception to have live entertainment at Firefly Bay located at 725 Atlantic Boulevard Suite 6 (formerly North Beach Bistro). Live entertainment 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 Atlantic Blvd. 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 virtually or in-person at the public hearing and be heard regarding the item(s). The city will hold a “hybrid” meeting 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. 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. 2. Applicants and/or Applicants’ Agent may attend physically or virtually. Witnesses and affected parties may appear virtually 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. 3. 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. 4. Public comment and participation will be conducted with a 5-minute limit on all speakers. Members of the public who wish to participate virtually 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. 5. 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. 6. Applicants and/or Applicants’ Agent/Legal Counsel may rebut public comments through the Chairperson. 7. 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 virtual 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. 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.