Agenda Item 8AAGENDA ITEM # 8A
JULY 11, 2011
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: UBE- 2011 -01, request from Riddick Lynch, d/b /a Poe's Tavern for a use -
by- exception to allow for the sale and on- premise consumption of
alcoholic beverages in association with a full- service restaurant within the
Commercial Business District at 363 Atlantic Boulevard (formerly Sticky
Fingers).
SUBMITTED BY: Erika Hall
Principal Planner
DATE: June 30, 2011
BACKGROUND: This request seeks approval of a use -by- exception to allow for the sale and
on- premise consumption of alcoholic beverages in association with a new restaurant, Poe's
Tavern, which is currently under construction at 363 Atlantic Boulevard, which is the former
location of Sticky Fingers restaurant. Atlantic Beach Land Development Regulations allow on-
premise consumption of beer and wine only, by right, in conjunction with full service
restaurants. However, on- premise consumption of liquor, as defined in Chapter 3, Alcoholic
Beverages, of the Municipal Code, and Chapters 561 -565, Florida Statutes, requires approval of
a use -by- exception. Such approval authorizes staff to sign off on zoning compliance for the
required 4COP -SRX Special Restaurant License, issued by the Florida Department of Business
and Professional Regulation, Division of Alcoholic Beverages and Tobacco. The SRX license
requires that the food service establishment maintain a minimum of 150 seats, and at least 51%
of sales be food. The applicant has confirmed seating will exceed the minimum 150 seats and he
stated that even with full beverage service, food sales are anticipated to be consistent with their
Charleston, South Carolina location, and will exceed the minimum 51 % amount.
Staff recommends approval of this request which is consistent with the previous uses of the
property — former tenants Crabby Bill's, Saltwater Grille and Sticky Fingers all held 4COP -SRX
licenses. However, uses -by- exception do not convey with change of ownership or transfer of
lease, and each establishment must apply for a UBE specific to his or her business. The
Community Development Board considered this request at their June 21 meeting and
unanimously recommended approval.
BUDGET: No budget issues.
RECOMMENDATION: Approval of UBE- 2011 -01, a request for use -by- exception by
Riddick Lynch d /b /a Poe's Tavern, to permit the sale and on- premise consumption of alcoholic
beverages (DABT- issued 4COP -SRX license) in conjunction with a full service restaurant
located within the Commercial Business District at 363 Atlantic Boulevard.
ATTACHMENTS: Draft Community Development Board Minutes and application package.
REVIEWED BY CITY MANA +
July 11, 2011 regular meeting
U
Ul
I AM
117 16,1Vj
1 4 j
NIF
N P
lb
4Jf? jug
Wit m
Aff
PL
L ion
lga
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
Draft Minutes of the June 21, 2011 regular meeting of the Community Development Board
AGENDA ITEM # 8A
JULY 11, 2011
Chairman Lambertson invited applicant Riddick Lynch (86 Ocean Boulevard, Atlantic Beach) to
address the Board. Mr. Lynch confirmed the information provided by Ms. Hall regarding his
proposal was correct. Board member Kelly Elmore asked if the restaurant would meet the State's
requirements, referring to minimum number of seats (150) and minimum food sales (51 %), to
which Mr. Lynch replied that he anticipated the restaurant would easily meet both requirements.
He said he also owned the same restaurant model in Charleston, South Carolina, and currently,
food sales were approximately sixty percent (60 %) of total sales. Mr. Elmore asked what type of
food would be served, to which Mr. Lynch replied gourmet burgers, fish tacos ... foods that go well
with the beach and beer. Mr. Lambertson asked about the hours of operation and whether there
would be live music. Mr. Lynch said he anticipated operating until 2am, which is the mandated
closing time for establishments serving alcoholic beverages, and that there may be live music, but
it would most likely be acoustics.
Board Member Kirk Hansen asked when Mr. Lynch anticipated opening, to which Mr. Lynch
replied the end of July. Mr. Lambertson inquired as to the departure of the previous tenant, Sticky
Fingers, given that it appeared to be a successful business. Mr. Lynch noted that one of the
original owners had left to start TacoLu's, at which point sales had begun to taper off. Mr.
Lambertson asked if Mr. Lynch had signed a long -term lease, to which Mr. Lynch replied that he
had assumed the Sticky Fingers lease, which had eight (8) years remaining.
Mr. Lambertson opened the hearing to ; publ
public comment phase and opened Board me
as to the difference between selling beer and
exception was required for the latter. Ms. Hz
the Municipal Code contains provisions thai
reLyardiniz the sale of alcoholic beverages, as
turn, the permitted uses
beverages, including beer and wine, as found
derived from Chapter 3 of the Municipal Code.
mment, and with there being none, closed the
discussion of the matter. Mr. Elmore inquired
only or selling liquor also, and why a use -by-
plained that Chapter 3, Alcoholic Beverages, of
consistent with definitions and state mandates
brth in Chapters 561 -565, Florida Statutes. In
garding the sale and consumption of alcoholic
'hapter 24, Land Development Regulations, are
MOTION: Kirk Hansen moved that the Board recommend approval to the City
Commission of the requested use -by- exception to permit on- premise consumption of
alcoholic beverages in association with a full - service restaurant to be located within the 11
Central Business District at 363 Atlantic Boulevard, finding that the proposed use is
consistent with Section 24 -114 of the Land Development Regulations defining the Central
Business District, and is compatible with adjacent properties and other properties in the
surrounding area; and, that approval of the request is in compliance with the requirements
of Section 24 -63, governing the approval of uses -by- exception, and is not contrary to public
interest and is not detrimental to the health, safety and welfare of the general public. Kelly
Elmore seconded the motion and it passed unanimously, 4 -0.
Mr. Lambertson informed the applicant that staff would forward the recommendation of the
Community Development Board to the City Commission, which would hear the item and take
final action within the next month.
6. OTHER BUSINESS NOT REQUIRING ACTION. None.
Page 2 of 3
Draft Minutes of the June 21, 2011 regular meeting of the Community Development Board
92 7. ADJOURNMENT. Mr. Lambertson adjourned the meeting at 6:27 pm.
93
94
95
96
97
98
99
100
101
Chris Lambertson, Chairman
Ati
AGENDA ITEM # 8A
JULY 11, 2011
Page 3 of 3
I;,
L
RmaAm
1 44
ALP
'i IF-41
L "'I
AL
4
Jo
I
f I) >qt O t
p
7T ;-.
e, o
A F. J h
v L! y uA' v L M 0 X j F:.
ISM3000"Mm
ale
amw ;s
NJ
V 7
Jr,
I II IL L OT , - :! j
if.
On
W 4
A ff
r.
- _ ,� I•F_ � i #�' ..r n'' �I ii n t- 'L' F t� �L •
e- q,14,
;:t; , 1 - . a . J. , s: t r C.I- • S �;'� t � � y� '�: i
gh
da
4
C eel
.T'Y4" r� ` �x�•f,'1 11 ,4ti:..''�'; :���� °r�i' ;,i:�:��� } ,:.r`�fi:e:��r. ' r � '� `I�•.��.
1C
Wl
� � � � �i �'�' • �� a Y fir• _
doe I
VM
I tip,
'
- � �.- i ti - �i r ii' 1'�'F �' � . -
Ll
AGENDA ITEM # 8A
JVLI 11,/.v11
a
E 1'I
u x
APPLICATION FOR A USE-BY-EXCEPTION
City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 -5445
Phone: (904) 247 -5826 - FAX (904) 247 -5845 • http: / /www.coab.us
Date 0 ha [n File No. Receipt
1. Applicant's Name 91 4 J% e_k L V J1 ® N to Poc �S �q ✓G�'ol
2. Applicant's Address 40& ®Gea.aa r3®04t ✓a,✓
3. Property Location '%(0 41 4'Aq / 4
4. Property Appraiser's Real Estate Number Block No. Y1 A— Lot No. y7 A
5. Current Zoning Classification q 6. Comprehensive Plan Future Land Use designation
7. Requested Use-by-Exception �^ �»� C �✓�S'll� �� ®� ���IGt ®/� ® Y�
8. Size of Parcel nzo 9. Utility Provider G4 A 9 r f EA
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 Beach 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 ($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed name(s): 2 t jai fj L a
Signature(s): 74 - 4 / .44 '
ADDRESS AND CONTACT IN ORMATION PERSON -' /0TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
L
APPLICATION Name: ,°«t v
Mailing Address: 06 OGece.i (� ✓' A
Phone:
043.7-10-131 FAX: 54 3•_? Z - 'P'q3 E -mail
51'4uca C�pH 5cto, ✓, COck�.US. S
AGENDA ITEM # 8A
JULY 11, 2011
The review of an application for a Use -by- Exception shall consider the following items. Please
address each of the following as applicable to your specific application.
1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and
pedestrian safety and convenience, traffic flow and control and access in case of fire or ca
4 ,ress Will Isc. 17q fC 1ga'r. ✓C- i;K' SY'Z'�Q
2. Parking and Loading Spaces, where required, with articular attention to the items in (1) above.
P& cir %/Mu 16-c- Y- � POAUks ► I�a�t sIRa,c -S
3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting
from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use -by- Exception
being requested.
s11A4Aa,-- 4a ✓evtdvs use of V v0 p pf l, «rte 4
I�'ctu6 i QCt�tik k� ke✓ ploS•✓ ! f im ✓a, C- OtCOVS VC Cc f files W It I'`
s(�.v d j0Ve% AtiK vt®i r C i SS eS
4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above;
l,l� �k� of c✓'l+ b c v Kad ` /'e��,b.�'KS �+. c$� a ✓c�.s -
5. Utilit'es, with reference to locations, availability and compatibility;
�b e�k" es wi b e- wtftd C-
6. If adjacent uses are different types of uses, escribe type of screening and buffering that will be provided
between your use and the adjacent use - f " . dj ac-. J5e i s Sfrwti (w 44'3 i 2 v b
w ill Inc &tte 4 e/al( 4 ✓ ovi e. a•(d ►' '
SC�'Cuu' b•1 c✓i vtc a aot at ✓o' a K.--
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,-Chanter 17.)
51' Lt4 e. wL be 1 ®d' 0(ou/st(, 4 U / ,'N li W oiA' o Pwl` ®h t
S'v✓'�t,cC ® �C b� 'l otiwg
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. 4 ii CMA
u5 a �i 10 t ft SRoaG et 5 it k 6Ce✓t a Ik ✓` "' o✓ euacc uw S.
✓C�Jidds �'@ S k/C ✓c S 'c 'vt 'C ✓S `v o✓(E� � m G ✓;11.
Other information you may wish to provide: