6-21-11 Minutes of the June 21,2011 regular meeting of the Community Development Board
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4 MINUTES OF THE REGULAR MEETING OF THE
5 COMMUNITY DEVELOPMENT BOARD
6 Tuesday,June 21, 2011
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9 The regular meeting of the Community Development Board was convened at 6:05 pm on Tuesday, June
10 21, 2011 in the City Hall Commission Chambers, located at 800 Seminole Road in Atlantic Beach. In
11 attendance were Principal Planner Erika Hall, Board members Kelly Elmore, Kirk Hansen, Chris
12 Lambertson and Brea Paul. Board members Blaine Adams and Harley Parkes were absent, and it was
13 confirmed that Ellen Glasser had tendered her resignation from the Board upon moving out of the Atlantic
14 Beach jurisdiction.
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16 1. CALL TO ORDER. Chairman Chris Lambertson called the meeting to order at 6:05 pm.
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18 2. APPROVAL OF MINUTES OF THE APRIL 19, 2011 MEETING Chairman Lambertson called
19 for a motion to approve the minutes of the April 19, 2011 meeting.
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21 MOTION: Kelly Elmore moved to approve the minutes of the April 19, 2011 meeting, as written.
22 Kirk Hansen offered a second, and the motion carried unanimously, 4-0.
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24 3. RECOGNITION OF VISITORS. There were no visitors present.
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26 4. OLD BUSINESS. There was no old business for consideration.
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28 5. NEW BUSINESS.
29 a. UBE-2011-01 (Lynch, d/b/a Poe's Tavern). Request for a Use-by-Exception to permit on-
30 premise consumption of alcoholic beverages in association with a full-service restaurant to be
31 located within the Central Business District (CBD) at 363 Atlantic Boulevard (formerly
32 Sticky Fingers location).
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34 Ms. Hall introduced the item and explained that Atlantic Beach Land Development Regulations
35 permit on-premise consumption of beer and wine only in conjunction with full service restaurants
36 located within the commercial zoning districts, and that such food service establishments must
37 obtain a use-by-exception in order to allow on-premise consumption of alcoholic beverages
38 (liquor) in accordance with Chapter 3 of the Municipal Code. She reported that the applicant is in
39 the process of remodeling the former location of Sticky Fingers, with the intention to open a full
40 service restaurant with on-premise consumption of alcoholic beverages, doing business as Poe's
41 Tavern. Ms. Hall said this proposal was entirely consistent with the former tenant's business;
42 however, uses-by-exception do not convey with change or transfer of lease or ownership, and each
43 individual business owner or establishment must apply for a UBE specific to his or her business.
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Minutes of the June 21,2011 regular meeting of the Community Development Board
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45 Chairman Lambertson invited applicant Riddick Lynch (86 Ocean Boulevard, Atlantic Beach) to
46 address the Board. Mr. Lynch confirmed the information provided by Ms. Hall regarding his
47 proposal was correct. Board member Kelly Elmore asked if the restaurant would meet the State's
48 requirements, referring to minimum number of seats (150) and minimum food sales (51%), to
49 which Mr. Lynch replied that he anticipated the restaurant would easily meet both requirements.
50 He said he also owned the same restaurant model in Charleston, South Carolina, and currently,
51 food sales were approximately sixty percent (60%) of total sales. Mr. Elmore asked what type of
52 food would be served, to which Mr. Lynch replied gourmet burgers, fish tacos...foods that go well
53 with the beach and beer. Mr. Lambertson asked about the hours of operation and whether there
54 would be live music. Mr. Lynch said he anticipated operating until 2am, which is the mandated
55 closing time for establishments serving alcoholic beverages, and that there may be live music, but
56 it would most likely be acoustics.
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58 Board Member Kirk Hansen asked when Mr. Lynch anticipated opening, to which Mr. Lynch
59 replied the end of July. Mr. Lambertson inquired as to the departure of the previous tenant, Sticky
60 Fingers, given that it appeared to be a successful business. Mr. Lynch noted that one of the
61 original owners had left to start TacoLu's, at which point sales had begun to taper off. Mr.
62 Lambertson asked if Mr. Lynch had signed a long-term lease, to which Mr. Lynch replied that he
63 had assumed the Sticky Fingers lease, which had eight(8) years remaining.
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65 Mr. Lambertson opened the hearing to public comment, and with there being none, closed the
66 public comment phase and opened Board member discussion of the matter. Mr. Elmore inquired
67 as to the difference between selling beer and wine only or selling liquor also, and why a use-by-
68 exception was required for the latter. Ms. Hall explained that Chapter 3, Alcoholic Beverages, of
69 the Municipal Code contains provisions that are consistent with definitions and state mandates
70 regarding the sale of alcoholic beverages, as set forth in Chapters 561-565, Florida Statutes. In
71 turn, the permitted uses and uses-by-exception regarding the sale and consumption of alcoholic
72 beverages, including beer and wine, as found in Chapter 24, Land Development Regulations, are
73 derived from Chapter 3 of the Municipal Code.
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75 MOTION: Kirk Hansen moved that the Board recommend approval to the City
76 Commission of the requested use-by-exception to permit on-premise consumption of
77 alcoholic beverages in association with a full-service restaurant to be located within the
78 Central Business District at 363 Atlantic Boulevard, finding that the proposed use is
79 consistent with Section 24-114 of the Land Development Regulations defining the Central
80 Business District, and is compatible with adjacent properties and other properties in the
81 surrounding area; and, that approval of the request is in compliance with the requirements
82 of Section 24-63, governing the approval of uses-by-exception, and is not contrary to public
83 interest and is not detrimental to the health, safety and welfare of the general public. Kelly
84 Elmore seconded the motion and it passed unanimously, 4-0.
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86 Mr. Lambertson informed the applicant that staff would forward the recommendation of the
87 Community Development Board to the City Commission, which would hear the item and take
88 final action within the next month.
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90 6. OTHER BUSINESS NOT REQUIRING ACTION. None.
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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.
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96 Chris Lambertson, Chairman
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101 Attest
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