Item 8A
AGENDA ITEM #8A
JULY 26, 2004
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request by Joseph's Pizza for aUse-by-Exception to allow On-Premise
~!* Consumption, limited to beer and wine only (2COP license) in
association with a restaurant to be located within the Central Business
District at 30 Ocean Boulevard.
SUBMITTED BY: Sonya Doerr, AICP ~~Ll/
Community Development Director
DATE: July 09, 2004
BACKGROUND: This Use-by-Exception is requested to allow a pizza and Italian
restaurant to serve beer and wine. Revisions to Chapter 3 (Alcoholic Beverages) that were
made in May of this year now require approval of aUse-by-Exception for any new location
that serves beer, wine or liquor for on-premise consumption. This location at 30 Ocean
Boulevard has been the site of other restaurants (The Pointe Cafe) and a coffee shop
(Shelby's), but these previous businesses did not serve beer and wine.
The Applicant was unaware of these changes to the City Code and hopes to open the new
restaurant at the end of this month. (The State Division of Alcoholic Beverages will not issue
the 2COP license without local zoning approval.) The Community Development Board will
consider this request at their July 20th meeting, and Staff will provide the CD Board's
recommendation at the Commission meeting. Staff recommends approval of this Use-by-
Exception, finding that the request is consistent with this area, and that the service of beer and
wine is typical to the proposed restaurant use.
BUDGET: No budget issues.
RECOMMENDATION: Approval of UBE-2004-01, a request by Joseph's Pizza fora Use-
„ by-Exception to allow On-Premise Consumption, limited to beer and wine only (2COP license)
in association with a restaurant located within the Central Business District at 30 Ocean
Boulevard.
ATTACHMENTS: Community Development Board Staff Report.
REVIEWED BY CITY MA~LA.~G~.• _
~,,, July 26, 2004 regular meeting
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AGENDA ITEM #8A
JULY 26, 2004
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COMMUNITY DEVELOPMENT STAFF REPORT
July 20, 2004 Public Hearing
UBE-2004-01, Joseph's Pizza
To: Community Development Board
From: Planning, Zoning and Community Development Department
City of Atlantic Beach
Date: July 08, 2004
Subject: UBE-2004-01
Applicant: Suzanne L. Bateh
for Joseph's Pizza
208 1 Sth Avenue, South
Jacksonville Beach, Florida 32250
Requested Change: Request for aUse-by-Exception for On-Premise Consumption, limited to
beer and wine only (2COP license) in association with a restaurant to be
located within the Central Business District.
Location: 30 Ocean Boulevard (location of the former Pointe Cafe)
Existing Zoning: Central Business District (CBD)
Surrounding Zoning: CG, CBD
Surrounding Land Use: Retail, restaurant, office and hotel
~'"
AGENDA ITEM #8A
JULY 26, 2004
STAFF COMMENTS AND RECOMMENDATION
In May of this year, the City Commission adopted revisions to Chapter 3 of the City Code, which sets
forth regulations for the sale and consumption of Alcoholic Beverages. The updated provisions now
require approval of aUse-by-Exception for any new location that serves beer, wine or liquor for on-
premise consumption.
This Use-by-Exception is requested to allow a pizza and Italian restaurant to serve beer and wine only
(2COP license). While this location has been the site of other restaurants and coffee shops, the previous
businesses did not serve beer and wine. Staff finds that the requested Use-by-Exception is consistent
with this area, and that the service of beer and wine is typical to the proposed use. Staff recommends
approval of the request.
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 (File No. UBE-2004-01)for aUse-by-Exception
for On-Premise Consumption, limited to beer and wine only (2COP license), in association with
a restaurant to be located within the Central Business District at 30 Ocean Boulevard.
(Provide~ndings offact similar to the following, and attach other conditions as may be appropriate.)
Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63,
Zoning and Subdivision and Land Development Regulations for the City of Atlantic Beach and
Section 3-5 of the City Code.
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
Commercial General Future Land Use designation.
2
AGENDA ITEM #8A
JULY 26, 2004
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 (File No. UBE-2004-01) for aUse-by-Exception
for On-Premise Consumption, limited to beer and wine only (2COP license), in association with
""' a restaurant to be located within the Central Business District at 30 Ocean Boulevard.
(Provide findings offact similar to the following.)
1. Approval of this Use-by-Exception is not incompliance with the requirements of Section 24-63,
Zoning and Subdivision Regulations for the City of Atlantic Beach because
2. The request is contrary to public interest and may be detrimental to the health, safety and
welfare of general public because _
3. The proposed use is not compatible with adjacent properties and other properties within the
surrounding area because
4. The proposed use is in conflict with the City's Comprehensive Plan and is not consistent with
the Commercial General Future Land Use designation because
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_ AGENDA ITEM #8A
• JULY 2b, 2004
Date
.:APPLICATION FOR AUSE-BY-EXCEPTION
City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5800 FAX (904) 247-5805 http://www/ci.atlantic-beach.fl.us
C \ erY-~~o J,
File No. ~ G 2~~~""~ ~ Receipt
1. Applicant's Name d, i. ~'_ EW.. f~`.:1 .{- ~` ~.....o ~? ~~.c~ :~. .1- ~J, ti . _,~
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2. A licant's Address . ;~, f.- `a t F s,~ '1 `
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3. Property Location ~ ~ (^. ~' (,' ~ ~ ~::~ ~.~J ~ ~/ r^ E
4. Property Appraiser's Real Estate Number ; "~, - ~ t"1~.•,~,~ /lock No._ '. __ Lot No. tC ~~ ~ ~-f
5. Current Zoning Classification ~~~~~~'s-1+"C:i _~~.~1:~_~ ~ 6. Comprehensive Plan Future Land Use designation `-~ ~ '
7. Requested Use=by-Exce ion ~ Cy ~ ~ L.,: t , ~c ~ ~ .. ~ t.; ,1(; , ~' „ ' ~ ~' ' ~d
~ZcvP
8. Size of Parcel
9. Utility Provider ~.i 7" ~ ~~'R_ ~--t•!r".`~ t; !, ~.. ~; j~:
10. Statement of facts and special reasons for 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 desire. Please address each item, as appropriate to this request.)
11. Provide all of the following information:
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: Four (4), except where original plans, photographs or documents larger than
11x17 inches are submitted. Please provide eight (8) copies of any such original documents.
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): ,~ ~.,~ r r -~...' j . C.' i " ~ ~ yr: '~~ ~"C' f, "
Signature(s): __ !~ , ~. .~ •_x 7~ tw::.~
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE
REGARDING THIS APPLICATION
Name: ~~~,,, ~' ~~;i >~,,r.l,-',t~. ~ ~ . J~,=.,~,,~.,~ ~,.-.l
,.. }.. --~ ~ '~ Z.
Mailing Address: ~, ~) h .~ ~~ f` J"{ 1 " .. ~~~ J(•'.. ~` ~r . ,.~.; ~~ r: 'r_ ~_ .~ -_~"'~
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Phone: t~~,"~~ ;~~~~~' ~~~~~-`J FAX: ~ [ C~ " ~ (~ FC' "~~ .yE L E-mail:
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AGENDA ITEM #8A
JULY 26, 2004
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EXHIBIT A
The review of an application for aUse-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
pedesstrian safety and convenience, traffic flow and control and access m case of fire or catastrophe.
ri'~ l 1 -`, F: ~•il._4 <. ~ i 5 ~~ t- ~. .c~~-i~:( ~~ ~ ~ '<_.~i ~ ~`~~- ~"' ~, l ~,1~,j ~~ ' 1, ~ a ~ C'~.
,-y' ~ ,lf- "~ J a~ ~ \ ~ ,~__ _.) E '~'"~, k ;V' ~~'°t t_' -~'° ~i ~ ~:l_) r i ry~'(`•, J~Si~t~...~ . ~~1 }I,,f i } '~ ~ ~, ~'" ~ `t
2. Parking and Loading Spaces, where requ'irted, with particular attention to the items in (1) above.
1.1;1~', t (.~ ~~~ k- ~~:: ~ r~'G ~' `:.'t,- `-t~'G r' ~'~+•r ~ ~ C~' a ~,' c ...~., ~~F.r F'~ '1'~.-C"~i~~ ...:r"'~r
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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.
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4. Refuse, trash collection and service areas, with particular reference to items (1) and (2 above;
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5. Utilities, with reference to locations, availability and compatibility; ,
6. If adjacent uses are different types of uses, describe type of screening 'and buffering that will be provided
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between your use and the adjacent use. ~ ~; C• C.,...M ~ }~ ti .~.~; ~ i.~
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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. f..;/;-~
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.
Other information you may wish to provide: