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363 Atlantic Boulevard UBE-2010-03 (Taste of Wine)August 24, 2010 Kelly Conrow Mincey Taste of Wine 363 Atlantic Boulevard, #39 Atlantic Beach, Florida 32233 Re: Approval of Use -by- Exception Dear Kelly: This letter serves to confirm that the City Commission, at their August 23, 2010 meeting approved your request for a Use -by- Exception to permit your existing retail wine and gift shop to sell wine by the glass. Please feel free to call me at 247 -5826 with any questions. Best of luck with your expanded business. Sincerely, spa G Sonya B. Doerr, AICP Community Development Director cc: Donna Bartle,CMC, City Clerk CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 -5455 TELEPHONE: (904) 247 -5800 FAX: (904) 247 -5877 SUNCOM: 852 -5800 www.coab.us CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Public hearing to consider a request from Taste of Wine, located within the Shoppes of Norshore at 363 Atlantic Boulevard in the Central Business District, for a Use -by- Exception to permit an existing retail wine and gift shop to sell wine by the glass. SUBMITTED BY: Sonya Doerr, AICP Community Development Director DATE: August 12, 2010 BACKGROUND: Taste of Wine has operated as a retail wine and gift shop for one year in the Shoppes of Norshore. The business owner has stated that they are struggling to remain open, and that they believe being able to sell wine by the glass would significantly increase their business. Since this is not a full service restaurant, approval of a Use -by- Exception is required to serve beer and /or wine for on- premise consumption. The request is scheduled to be heard by the Community Development Board at their August 17th meeting. Staff anticipates a recommendation of approval from the CD Development Board. In deference to the Applicant, Staff has scheduled this item for this meeting of the Commission so that action on this request is not delayed until September. This business would seem to be consistent and compatible with other businesses in the area, and also with the desired type of uses and activities for the Town Center /Central Business District area. Staff recommends approval of this request, and will report the Community Development Board's recommendation at the meeting. BUDGET: No budget issues. RECOMMENDATION: Motion to approve Use -by- Exception File Number UBE- 2010 -03. ATTACHMENTS: None. REVIEWED BY CITY MANAGER: AGENDA ITEM 1! 8A AUGUST 23, 2010 At this time the business is permitted only to conduct wine tastings, as permitted by State law at establishments licensed for the retail sale of wine. The owner has expressed their intent (if approved) to serve wine, cheeses, breads and similar items along with their existing wine and gift products. The owner has stated that no visible changes to the business would be apparent. No additional parking is required. August 23, 2010 regular meeting ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010 8. Miscellaneous Business A. Public hearing to consider a request from Taste of Wine, located within the Shoppes of Norshore at 363 Atlantic Boulevard in the Central Business District, for a Use -by- Exception to permit an existing retail wine and gift shop to sell wine by the glass. (City Manager) B. Discussion of sign regulations related to banners, flags, and other wind signs. (City Manager) C. Agreement with St. Johns River Water Management District for Grant Funds for TMDL Improvements. (City Manager) D. Report on questions raised about TMDL Compliance Program Evaluation Report by HDR dated March 30, 2009 (City Manager) E. Wastewater and TMDL Compliance Project RFP 07 -04, Change Order No. 4 - Construction Administration Services. (City Manager) F. Report on options for videotaping of Commission Meetings. (City Manager) G. Stormwater Runoff and Land Development Regulations On -Site Storage Requirements (City Manager) H. Proposed Change Order No. 10 to Royal Palms Drainage Rehabilitation Project (PW0905) (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney If person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, August 20, 2010. 2 7. Adjournment. AGENDA COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH Tuesday, August 17, 2010 at 6:00 p.m. Commission Chambers, 800 Seminole Road 1. Call to order and pledge of allegiance. 2. Approval of minutes of the March 16, 2010 meeting. 3. Recognition of Visitors. 4. Old Business. None. 5. New Business. a. UBE- 2010 -03. Request from Taste of Wine, located within the Shoppes of Norshore at 363 Atlantic Boulevard within the Central Business District, for a Use -by- Exception to permit an existing retail wine and gift shop to sell wine by the glass. 6. Other business not requiring action. All information related to the item included in this agenda is available for review at the City of Atlantic Beach Planning and Zoning Department located at 800 Seminole Road, Atlantic Beach, Florida and may be obtained at this office or by calling (904) 247 -5826. Interested parties may attend the meeting indicated in this notice and state your opinions, or comments regarding the agenda items may be mailed to the address contained in this agenda. If a person decides to appeal any decision made by the Community Development Board with respect to any matter considered at this meeting, he or she will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which any appeal is based. Notice to persons needing special accommodations and to all hearing impaired persons: In accordance with the Americans with Disabilities Act, persons needing special accommodation to participate in this proceeding should contact the City of Atlantic Beach (904) 247 -5800, 800 Seminole Road, Atlantic Beach, Florida 32233 not later than 5 days prior to the date of this meeting. COMMUNITY DEVELOPMENT STAFF REPORT August 17, 2010 Public Hearing UBE- 2010 -03, Taste of Wine 1 AGENDA ITEM 5.a To: Community Development Board From: Planning, Zoning and Community Development Department Date: August 09, 2010 Subject: UBE- 2010 -03 Applicant: Kelly Conrow Mincey 363 Atlantic Boulevard #39 Atlantic Beach, Florida 32233 Request: Request from Taste of Wine, located within the Shoppes of Norshore at 363 Atlantic Boulevard within the Central Business District, for a Use -by- Exception to permit an existing retail wine and gift shop to sell wine by the glass. STAFF COMMENTS Taste of Wine has operated as a retail wine and gift shop for a year in the Shoppes of Norshore. The business owner has stated that they are struggling to remain open, and that they believe being able to sell wine by the glass would significantly increase their business. Since this is not a full service restaurant, approval of a Use - by- Exception is required to serve beer and /or wine for on- premise consumption. At this time the business is permitted only to conduct wine tastings, as permitted by State law at establishments licensed for the retail sale of wine. The owner has expressed their intent (if approved) to serve wine, cheeses, breads and similar items along with their existing wine and gift products. The owner has stated that no visible changes to the business would be apparent. No additional parking is required. This business would seem to be consistent and compatible with other businesses in the area, and also with the desired type of uses and activities for the Town Center /Central Business District area. Staff recommends approval of this request. SUGGESTED ACTION TO RECOMMEND1 APPROVAL 2 AGENDA ITEM 5.a The Community Development Board may consider a motion to recommend approval to the City Commission of the Use -by- Exception as requested from Taste of Wine, located within the Shoppes of Norshore at 363 Atlantic Boulevard within the Central Business District, to permit an existi o g retail wine and gift shop to sell wine by the glass. (Include the suggested conditions, and provide findings of fact similar to the following, and attach other conditions as may be appropriate.) 1. Approval of this Use -by- Exception is in compliance with the requirements of Section 24 -63, Zoning and Subdivision and Land Development Regulations, and is also consistent with Section 24 -107 defining the Central Business District. 2. The request is not contrary to public interest and is not detrimental to the health, safety and welfare of general public. 3. The proposed use is compatible with adjacent properties and other properties within the surrounding area. 4. The proposed use is consistent with the City's Comprehensive Plan and is consistent with the Central Business District Future Land Use designation. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of the requested Use -by- Exception from Taste of Wine, located within the Shoppes of Norshore at 363 Atlantic Boulevard within the Central Business District, to permit an existing retail wine and gift shop to sell wine by the glass, upon finding: 1. The request is contrary to public interest and may be detrimental to the health, safety and welfare of general public because 2. The proposed use is not compatible with adjacent properties and other properties within the surrounding area because 3. The proposed use is not consistent with the Central Business District Future Land Use designation because Date ` (0 1. Applicant's Name 2. Applicant's Address 3. Property Location APP]LICA'TION FOR A USE -BY- EXCEPTIO City of Atlantic : each • 800 Seminole Road • Atlantic Beach, Florida 32233 -5445 Phone: (904) 247 -5826 FAX (904) 247 -5845 • http: / /www.coab.us File No. 06 2 t-½7 3 Receipt 7 P 1 C J 31; 3 A 4 l ci n- 1310 D c1 M c n 3(P3 A -ton- is blv ° A \can1ic 4. Property Appraiser's Real Estate Number Block No. 5. Current Zoning Classification C 5.h:, 6. Comprehensive Plan Future Land Use desi nation C 0 7. Requested Use -by- Exception For 0 (1 - 'We. DI? S C o n s U• v PA io n ; in Gl Lt rl i el , beer 8. Size of Parcel \ne a s W -1I4 . A1612E. 10. Statement of facts and special reasons for the requested Use -by- Exception, which demonstrates compliance with Section 24 -63 of the City of Atlantic each Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A. (The attached guide may be used if desired. Please address each item, as appropriate to this request.) 11. Provide all of the following information. (All information must be provided before an application is scheduled for any public hearing.) a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height, number of stories and square footage, impervious surface area, and existing and /or proposed driveways. Identify any existing structures and uses. b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.) d. Required number of copies. Two (2) copies of all documents that are not larger than 11 x 17 inches in size. If plans or photographs, or color attachments are submitted, please provide eight (8) copies of these.) e. Application Fee ($250.00) 9. Utility Provider t Signature of owner(s) or authorized person if ow i er's authorization form is attached: Printed or typed name(s): 1 IL, Cy r'cx.0 - %A l 11 C E t,( Signature(s): 1. Z0_, L(1riCLJ— /0 -- k c o / ` eack FL 32233 eoc)1 FZ. 32233 Lot No. I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WIT! + THIS APPLICATION IS CORRECT: ocae a ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: I 1 c°_ f I (.• ( t ._ M l J. i ! Mailing Address: 3L9?) ABC Phone: C' 15 6 / 515 5 • X 2.33 FAX: E -mail: kiSk c i Id .beaci1eS loncei'y .Cis 01 EXHIBIT A The review of an application for a Use -by- Exception shall consider the following ite address each of the following as applicable to your specific application. 1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. 2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above. 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. Ex-51 5 Li 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above; 115 5. Utilities, with reference to locations, availability and compatibility; C11cn e.I LI s. Please 6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided between your use and the adjacent use. C c n 5 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; (See Signs and Advertising, Chapter 17.) 8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan. 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. ibcc C Vtcuns . Other information you may wish to provide: August 9, 2010 Kelly Mincey Taste of Wine 363 Atlantic Blvd., #9 Atlantic Beach, Florida 32233 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 -5455 TELEPHONE: (904) 247 -5800 FAX: (904) 247 -5877 SUNCOM: 852 -5800 www.coab.us Re: August 17th meeting of the City of Atlantic Beach Community Development Board Dear Ms. Mincey: Please be advised that your application for a Use -by- Exception will be considered by the Community Development Board at their meeting on Tuesday. August 17th. The meeting begins at 6:OOpm and will be held in the Commission Chambers located at City Hall at 800 Seminole Road. Following this meeting, your application will be scheduled for fmal action by the City Commission. You should be aware that failure to be present at this meeting to represent this request may result in delay of action on the application. Please call 247 -5826 to confirm your plans to attend the meeting. (You may leave a voice mail message.) Sincerely, GC Sonya B. ?Doerr, AICP Community Development Director a - gas r- M M = g .0 IT: v. © a, w 1--- C.- CP ea a eti tZ i•••••• CK 44. c r.,b 'P. 9 . S co > - s_ C cad �� "a,� a as ftl co -g U q Z. ro `+ • ro rp N G cad A 1.11 It 8 44 % ,.... r r t^' City of Atlantic Beach, Florida 32233 To whom it may concern, Thanking you in advance, Linda Stewart, Archway Gallery and Framing, Inc. NBAWA, Executive Director Archway Gallery and Framing 363 Atlantic Blvd, Suite 2 Atlantic Beach, FL 32233 904 - 249 -2222 archwaygalleryandframing.com I, Linda Stewart, owner of Archway Gallery and Framing, located at 363 Atlantic Boulevard, Suite 2, Atlantic Beach, FL, would like to show my support for approval of the application by Kelly Conrow, owner of Taste of Wine, Inc., located at 363 Atlantic Boulevard, Suite 9, Atlantic Beach, FL for her application to be able to serve wine by the glass, serve cheeses and other sandwich items in her place of business. Our businesses work together to support mutual interests, and I believe this will allow our area to be a more popular spot to visit and shop. Kelly Conrow and Taste of Wine has been a strong supporter of the North Beaches Art Walk. Approval for her application will help her business and allow her to further support the Art Walk event.