Item 8A v
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM #8A
JULY 10, 2006
AGENDA ITEM: Request from Judy Jenness for aUse-by-Exception for the Atlantic
~- Theatre site located at 751 Atlantic Boulevard to allow on-premise consumption of alcoholic
beverages and Live Entertainment to include live music (indoors only.)
~* SUBMITTED BY: Sonya Doerr, AICP ,,~~
Community Development Director
DATE: June 28, 2006
BACKGROUND: The owners of the Atlantic Theatre received aUse-by-Exception on March
~" 28, 2005 to allow Live Entertainment for a comedy club and also to allow on-premise consumption
of alcoholic beverages. This request seeks aUse-by-Exception for an additional business to share
the existing theatre space also with on-premise consumption of alcoholic beverages and Live
"~" Entertainment to include live music (indoors only.) The Applicant proposes to relocate the
existing Freebird Cafe in Jacksonville Beach to this location in Atlantic Beach, although this
location is not proposed to contain food service.
BUDGET: No budget issues.
RECOMMENDATION: The Community Development Board unanimously recommended
A. approval of this request at their June 20, 2006 meeting.
ATTACHMENTS: Draft Community Development Board minutes, Use-by-Exception
~„ application and supporting documents.
REVIEWED BY CITY MANAGER:
~»
July 10, 2006 regular meeting
.,
~" AGENDA ITEM #8A
JULY 10, 2006
Draft Minutes, Item S. a. UBE-2006-03
June 20, 2006 Community Development Bocrrd meeting
MINUTES OF THE
REGULAR MEETING OF
THE COMMUNITY DEVELOPMENT BOARD
June 20, 2006
A regular meeting of the Community Development Board was held on Tuesday, June 20, 2006,
in the City Hall Commission Chambers. Present were Chairman Sam Jacobson, Steve Jenkins,
~„ Craig Burkhart, Dave MacInnes, Carolyn Woods, Chris Lambertson, Lynn Drysdale (arrived at
7:16 p.m.) Community Development Director Sonya Doerr, City Attorney Alan Jensen and
Recording Secretary Jeanne Shaw.
5. New Business.
'~"" a. UBE-2006-03, Judy Jenness. Request for aUse-by-Exception for the Atlantic Theatre
site located at 751 Atlantic Boulevard. The owners of the Atlantic Theatre received aUse-
by-Exception on March 28, 2005 to allow Live Entertainment for a comedy club and also to
~"" allow on-premise consumption of alcoholic beverages. This request seeks aUse-by-
Exception for a new Applicant to share space with the existing comedy club, also including
on-premise consumption of alcoholic beverages and Live Entertainment to include live music
~. (indoors only.) The proposed new business would be the Freebird Cafe, which proposes to
relocate from Jacksonville Beach to the Atlantic Theatre site.
~. Chairman Jacobson explained the procedure for aUse-by-Exception request stating that the
CD Board makes a recommendation to the City Commission on such applications. The
,~ following people addressed the Board in support of the applicant: Gerard Vermey, architect,
65 Shell Street; Judy Jenness, applicant, 1836 Nightfall Drive, Neptune Beach; Tom Fallon,
general manager of the Atlantic Theatre Comedy Club, 1144 Hamlet Lane East, Neptune
a. Beach; Leslie Targonski, sound engineer, 7818 Lady Smith Lane, Jacksonville.
Mr. Vermey reviewed the current status of the Atlantic Theatres noting that half of the
building is currently used for the comedy club, and Ms. Jenness is interested in using the
other half of the building for relocating her business, the Freebird Cafe, from Jacksonville
Beach. He noted that the site has ample parking in front and that there is already an existing
bar within the building. Mr. Vermey supported Ms. Jenness' request for the Use-by-
Exception.
Ms. Jenness indicated her desire to relocate in order to have a larger venue so that more
national music acts could be booked. She indicated that her business is capable of addressing
the issues of noise, parking, and security and that her sound engineer is here to answer any
questions regarding sound issues.
Mr. Fallon expressed his support of Ms. Jenness' application and noted that currently much
*~ of the space within the theatre facility is unused. He believed that Ms. Jenness' business
would be a compatible use with the existing comedy club. He stated that the music shows
would not be scheduled seven nights per week and that the shows would begin around 10:00
°~ p.m.
AGENDA ITEM #8A
JULY 10, 2006
Draft Minz~tes, Item ~. a. UBE-2006-03
June 20, 2006 Community Development Board meeting
Chairman Jacobson asked if the Board had any questions.
,~, Mr. Jenkins asked Ms. Jenness to specify the exact hours of operation being requested in her
Use-by-Exception. Ms. Jenness noted that currently her business is open until 2:00 a.m. but
that they would like to make their hours of operation begin and end earlier in the new
~„ location. Mr. Jenkins asked for further clarification, and Ms. Jenness indicated that most of
their shows would end around 12:30 or 1:00 a.m., but that the maximum hours of operation
being requested would be until 2:00 a.m. Mr. Jenkins asked how she has addressed security
~,. issues. Ms. Jenness responded that she has met with the Chief of Police for Atlantic Beach to
discuss these issues. She stated that she hires the appropriate amount of private security
officers for all of the shows and discussed the type of security in more detail.
Board Member Lynn Drysdale joined the meeting at 7:16 p.m.
«• Chairman Jacobson inquired into the expected clientele of the business. Ms. Jenness
described the variety of people, stating that clientele tended more to be in their 30s-40s and
that it depended on the type of show and music.
The Chair asked Chief David Thompson, Director of Public Safety, if he would like to
provide any information concerning the application.
Chief Thompson acknowledged that he had met with Ms. Jenness and her staff and discussed
the issues involved with live music and alcohol. He discussed the estimated number of
~"' people attending the events and the sound issues that could affect the neighborhood in
proximity to the location. He encouraged the business to provide their own private security
officers. Chief Thompson provided statistics of police calls received from the vicinity of the
'~" current Freebird Cafe in Jacksonville Beach. Chief Thompson explained that a good many of
the reports did not occur in the Freebird, or may not have had any connection with the
Freebird, but that the Freebird location was rather used as a "landmark" for identifying the
'"' general location of an incident since it was well known. Chief Thompson further addressed
the type and number of calls reported. In closing, Chief Thompson stated that he believed
that most instances at the Freebird Cafe have been handled well by the security provided by
""~ the business.
Ms. Woods questioned the applicant's plans for monitoring and addressing the noise outside
~. of the building. Mr. Targonski, sound engineer for the applicant, responded and provided
technical details on how the sound will be measured and adjusted appropriately. It was noted
by Chief Thompson that the City Code does not have a specific decibel limit for noise and
that the issue is a judgment call addressed and based upon complaints and police calls.
Discussion ensued regarding means to manage the noise from the establishment. Mr.
~. Targonski stated that he has confident they could address any noise. issues such that noise
would not be a problem for residents behind the property.
~„ In response to questions from the Board, Mr. Fallon indicated that the business might be
adding an additional service bar in the building. Ms. Jenness answered questions regarding
seating capacity by responding that the establishment will be standing/dancing room only.
~., The applicant noted that their shows would not be occurring simultaneously with the comedy
club acts and that there is ample parking on the property.
'~ AGENDA ITEM #8A
JULY 10, 2006
Draft Minutes, Item S. a. UBE-2006-03
Jame 20, ?006 Community Development Board meeting
Chairman Jacobson inquired as to the specific nature of the business: is it a night club
concept or a concert hall? Ms. Jenness responded that it is a live music venue with drinks
~„ and dancing.
Ms. Drysdale asked if the issue of loading spaces at the rear of the building would create the
~„ same problems as had occurred in the Jacksonville Beach location. Ms. Jenness indicated
that the problems with bus parking and loading issues have been resolved in Jacksonville
Beach and that this location had ample room for bus and delivery parking. Ms. Jenness
,~„ stated that the business prefers to use only the ground floor level, but may consider utilizing
the upstairs area for special VIP customer viewing at certain shows.
The Chairman opened the floor to public comments.
Steve Foraker, Sixth Street, strongly supported the Freebird Cafe relocating in Atlantic Beach
~• and spoke highly of Ms. Jenness' manner of operating her business in Jacksonville Beach.
He believed it would be an asset for the community.
Carol Schwarz, Tierra Verde Drive, did not support this type of business activity in Atlantic
Beach and did not believe it fit in with the City's family character.
Judy Truitt, 315 Second Street, spoke in favor of the club moving to Atlantic Beach.
R.D. De Carle, 51 Beach Avenue, spoke in favor of the request and believed the business
books quality acts that would not otherwise come to the beaches.
There being no further public comments, the Chairman closed the public hearing and brought
the request back to the Board for discussion.
A motion was
~'" unanimously to
presented.
made by Mr. Burkhart, seconded by Mr. MacInnes, and passed
recommend approval to the City Commission of the request as
..
AGENDA ITEM #8A
JULY 10, 2006
Agenda Item S . c .
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COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
June 20, 2006 Public Hearing
~' Use-by-Exception, Judy Jenness
(File No. UBE-2006-03)
To: Community Development Board
From: Planning, Zoning and Community Development Department
Date: June 7, 2006
Subject: UBE-2006-03
Applicant: Judy Jenness
1836 Nightfall Drive
Neptune Beach, Florida 32266
,~„ .Requested Change: Request to expand an existing Use-by-Exception for the Atlantic Theatre site
located at 751 Atlantic Boulevard. The owners of the Atlantic Theatre received a
Use-by-Exception on March 28, 2005 to allow Live Entertainment for a comedy
club and also to allow on-premise consumption of alcoholic beverages. This
request seeks aUse-by-Exception for an additional business to allow on-premise
consumption of alcoholic beverages and Live Entertainment to include live music
~. (indoors only.) The Applicant proposes to relocate the existing Freebird Cafe in
Jacksonville Beach to this location in Atlantic Beach, although this location is not
proposed to contain food service.
Location: 751 Atlantic Boulevard
'""' Surrounding Zoning: CG and RG-2
Surrounding Land Use: Various commercial and multi-family residential uses.
AGENDA ITEM #8A
JULY 10, 2006
STAFF COMMENTS AND RECOMMENDATION
This request seeks approval of aUse-by-Exception to allow the former Atlantic Theatre site to also be
used as a live music entertainment venue. The existing Use-by-Exception for the Atlantic Theatre allows
for live entertainment for a comedy club with on-site consumption of Alcoholic Beverages. This business
is now operating and will continue to operate. Staff is advised that, if approved, the two businesses will
share the space within the Building, which was fully renovated several years ago.
The Applicant has stated that the only change in the manner in which the comedy club now operates
would be the addition of live musical performances (indoors only.) There will not be a restaurant or food
~,,, service in association with this business. The Applicant currently operates the Freebird Cafe in
,Tacksonville Beach, which is fully surrounded by other restaurant, bar, nightclub and entertainment
district type uses. While this property has been a theatre or other type of entertainment use since
~. constructed in 1964, it is adjacent to multi-family residential to the rear of the site. The Applicant should
fully address sound-proofing, hours of operation and security, specifically related to how such issues
might adversely effect neighboring residential uses.
In considering this request and any recommendation to the City Commission to approve the request, the
Community Development Board should consider the following description of General Commercial areas,
~*" and find that the proposed business is consistent with General Commercial activities.
General Commercial. These areas shall include those businesses that provide retail
goods and services, which serve the routine and daily needs of residents, including banks
and professional services, grocery and convenience stores, restaurants, accredited public
and private schools and child care, but not including manufacturing, warehousing,
storage or high intensity commercial activities of a regional nature, or uses that have the
potential for negative impact to surrounding properties due to excessive noise, light or
extremely late hours of operation....
~.
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of this Use-by-Exception to allow Live Musical Entertainment, indoors only, within
"~ the existing building (formerly the Atlantic Theatre) and on-site consumption of Alcoholic
Beverages in the Commercial General (CG) Zoning District and located at 751 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 for the City of Atlantic Beach and also Section
24-111, the Commercial General District Regulations.
~• 2
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AGENDA ITEM #8A
JULY 10, 2006
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 adj acent properties and other properties within the surrounding
area.
4. The proposed use is not in conflict with the City's Comprehensive Plan and is consistent with the
Commercial 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 this Use-by-Exception to allow Live Musical Entertainment, indoors only, within
.the existing building (formerly the Atlantic Theatre) and on-site consumption of Alcoholic
Beverages the Commercial General (CG) Zoning District and located at 751 Atlantic Boulevard,
provided:
(Provide~ndings of fact similar to the following.)
1. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63,
,,, Zoning and Subdivision and Land Development Regulations for the City of Atlantic Beach and/or
Section 24-111, the Commercial Limited District Regulations because
2. The request is contrary to public interest and maybe 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 Future Land Use designation because
H:\PLANNING\USE-BY-EXCEPTION FILES\UBE-2006-03 (J. Jenness)\CDB Staff Report.doc
~"' 3
AGENDA ITEM #8A
JULY 10, 2006
APFLi~ATION FOR A USL-B~'-ExC~PTION
City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5800 FA.k (904) 247-5805 http://www/ci.atlantic-beach.fl.us
`' ''-
Date File No. (,,~,~C ' z Oho 'O 7j Receipt
1. 'Applicant's Name ..~V ~~ •~~u ~~
2. Applicant's Address
3. Property Location 1~~ .~• .,r ~ ~ ; ,~°
4. Property Appraiser's Real Estate Number ~-~ ' , (~ , ~`~~..~'4~~k ~ ~ k~< Lot No. ''
5. Current Zoning Classification ~.f~ 6. Comprehensive Plan Future Land Use designation -~,~-'~-
_ .
7. Requested Use-by-Exception
8. Size of Parcel ~ ~~i ~ `=`st ,~,'` 9. Utility Provider
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 C7RRECT:
Signature of owner(s) or authorized person if owner's aut~~h!orization form is attached:
Printed or typed name(s): ~,,_~ ~,,.~ i~-~s"~ ~ "<.~•~•.~~.,~ 1ti:~- r,7 :.~
Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE
REGARDING THIS APPLICATION
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Name: ~~ C~.ti, ~ :~ ~~.14 _.1 r ~~.,
Mailing Address: I t`':' F~ ~'p f '`~y t... 4 ~ ~
Phone: ~~~s?4;` , ~ ~~rh ~~ FAX: _.---° E-mail: -""`
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AGENDA ITEM #8A
JULY 10, 2006
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EYI-IIBIT 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
pede~stria/n safety an~,d~c-o venience, atrajffi!c flrow Aand o-ngtr'ol ,aln~d/acces~s'~i~n/case of~fir kor catastrophe.
~f-Pf. ~3 ~~ ~''~ ~ f !~'i°~.. ~,~,.~ ~~~~^'~.~,1 t" ~ A ~J', ~ 9 '~'t,%~Y'"7 ..; :~.i/ /~ ~ r'~°°1'~.f~.~1 i~. ~""D
2. Parking and oading Spaces, where requued, 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
4. Refuse, trash collection and service areas, with
5.
to items_(1) and (2) a
6. If adjacent uses are different types of uses, describe type of screenin and bufferin that will be
betw~ en dour, se and the adjacent use. ,<`1 ' ~ (~ -~'
7. Signs, if any, and proposed extenor lighting, with reference to glare, trainc satery, economic etiects ana
compatibility and harmony with properties in the Dist,~ict; (See Signs and ~dvertdisin~,, Chapter 17.)
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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 su~rp~undin Zoning District as
well as consistency wit, applicable_prgvisigns of the Comprehier~sive Plan. ,~3 (.,~~-' ~---r'":~~f "`____
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i or~atiop you ma ~vi~h to provide. ~~"~ ~~ !~'=-~`~~ t ~ ~ r ~.1 ~ ~ ~ '.~~'~"' -