363 Atlantic Boulevard UBE-2011-01 (Poe's Tavern)
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 21st 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 MANAGER: __________________
July 11, 2011 regular meeting
July 6, 2011
Riddick Lynch
d/b/a Poe’s Tavern
86 Ocean Boulevard
Atlantic Beach, Florida 32233
Re: July 11th meeting of the Atlantic Beach City Commission
Dear Mr. Lynch:
Please be advised that your application for Use-by-Exception will be considered for final
action by the City Commission at their meeting on Monday, July 11th. The meeting
begins at 6:00pm and will be held in the Commission Chambers located at City Hall at
800 Seminole Road.
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 270-1605 to confirm your
plans to attend the meeting. (You may leave a voice mail message.)
Sincerely,
Erika Hall
Principal Planner
encl
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Phone: (904) 247-5800
Fax: (904) 247-5845
www.coab.us
AGENDA ITEM 5.a.
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
June 21, 2011 Public Hearing
UBE-2011-01, Poe’s Tavern
To: Community Development Board
From: Department of Planning, Zoning and Community Development
Date: June 16, 2011
Subject: UBE-2011-01
Applicant: Riddick Lynch d/b/a Poe’s Tavern 86 Ocean Boulevard Atlantic Beach, FL 32233
Requested: Use-by-Exception to permit on-premise consumption of alcoholic beverages in association with a full-service restaurant.
Location: 363 Atlantic Boulevard
Existing Zoning: Central Business District (CBD)
STAFF COMMENTS On-premise consumption of beer and wine only are allowed in conjunction with full service restaurants located within the commercial zoning districts of Atlantic Beach. However, food service establishments must obtain a use-by-exception in order to permit on-premise consumption of alcoholic beverages (liquor) in accordance with Chapter 3 of the Municipal Code. The applicant is in the process of remodeling the former location of Sticky Fingers, with intention to open a full service restaurant, d/b/a Poe’s Tavern, and proposes on-premise consumption of alcoholic beverages, entirely consistent with the former tenant’s business. However, uses-by-exception do not convey with change or transfer of lease or ownership, and each individual business owner must apply for a UBE specific to his or her business.
2
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to 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 Central Business District at 363 Atlantic Boulevard, provided:
(Provide findings of fact similar to the following, and attach 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 24-114 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 the general public. 3. The proposed use is compatible with adjacent properties and other properties within the surrounding area.
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 to permit on-premise consumption of alcoholic beverages in association with a full-service restaurant to be located within the Central Business District at 363 Atlantic Boulevard, provided:
(Provide findings of fact similar to the following with supporting reasons). 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______________________________________________________. MOTION BY ____________________ TO RECOMMEND ____ A ____ D SECOND BY ____________________ VOTE ___________________________