Item 8A - Use-by-exception 28 Sherry Dr.AGENDA ITEM:
SUBMlTTED BY:
OATE:
STRATEGIC PLAN LINK:
C ITY Olf ATLANTIC JmACll
ClT Y COMMISSION MEETiNG
STAFF REPORT
AGENDA ITEM# SA
AUGUST 24,20 15
Usc-by-excep tion to permit on premi ses cons umpti o n o f alco ho lic
bevera ges within the Co mm erc ial General (CG) Zo ning Di strict <'It 28
Sherry Driv e (15-UBRX 1042)
Jeremy Hubsch, Bui ldin g and Zonin g Dio~ctor ?Jf
Au gust 6, 20 15
None
BACKGROUND: The a pplicants have r ece ntly acq uir ed the Pa lm s I late) a t 28 Sherry Driv e. Th e
property i s zo ned Co mm er cia l Ge ne r al (CG) whi ch al lows hotels . They inte nd to make r e nov atio ns
and co n vert it to a boutique hote l. One component of th eir renovation pl a ns is to improve the
inte ri or co urtya rd a rea a nd conve rt it into an outdoo r lounge, w he r e they plan to serv e bee r and
wine to gues ts. Th e cu rre nt co urtya rd h as tables a nd is an area where guests can con ce ivably drink
beer and wine th ey purchase d off s ite. The applica nts wo uld lik e to be a bl e to serv e beer and win e
as a se rvi ce to guests. He nderings of th eir pro po sed design ca n be found in the age nd a package.
Th e app li cants a r e r e quired to get a us e-by-exce ption for alcoho l sa les accord in g to Sec ti ons 3-5
a nd 24-111 (c) (3). Sect ion 3-5 stat es, "Th e ::;a le of any al co holi c beverages for on-premise
co ns umpt ion, includin g beer, wine a nd liquor s h a ll be prop e1·Jy lic e nsed by th e City of Atlantic
Beac h, a nd s hall be limite d only to r estaura nts, ca fes, bars and private clul.J s within co mm e rcia l
ge n era l zon in g di stricts or th e ce ntra l bu s in ess di s tri ct in compli ~m ce with cha pter 24 of th e city
code and s ubj ec t to approval of a use-by -exce ption in acco rd a nce w ith section 24-63." '!'he City
Code has severa l reg ulations specific to alcoho l sa les. Sec ti on 3-2 state s tha t no sales o r servi ce s hall
occur b etween the hours of 2:00a.m. and 7:00a.m. Sec ti on 3-7 states that bu s in esses tha t s e ll
alcoho l s hall main lain s uffici e nt li gh ting for safe ty purposes. Sec ti o n 3-8 states that a lcoho l
con s ump tion can on ly occur in s id e a building, wi t hin a recreation a re a, or within a n outdoor seatin g
or dining area .
The Com muni ty De ve lopmen t Bo ard r ecomm ended a pprova l of th e use-by-exce ption by a vote of S-
O at the July 2tsr mee ting, with th e co nditions that: l.llours of sale be stopp ed a t 10PM Su nday-
Thurs d ay a nd 11PM Fri day and Sa turday. 2. Th e maximum number of pe opl e in the lo unge area b e
limited to thirty-nvc. 3. That sa les b e limited to bee r a nd wine only.
BUDGET: None .
RECOMMENDA'I'lON : Appwve th e Use-By-Exce pti on 15-U BBX -1 042 with co nditi ons that: 1.
Hours of sale be s lopp ed a t lOPM Sunday-Thursday a nd llPM Frid ay a nd Saturday. 2. The
maximum number of peo pl e in the lounge a r ea be lim ited to 35. 3. That sales be limited to bee r a nd
w in e only.
ATTACHMENTS: Copy of Co mmunity De ve lo pm ent 13 onrd staff report ; copy of 15-
UDEX-J 042 appli cAt ion.
REVIEWED BY CITY MANAGER: ~~~_,~'"'"------------
AGENDA ITEM
CASE NO
LOCATION
APPLICANT
DATE
STAFF
STAFF COMMENTS
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
4.A
15-UBEX-1042
AGENDA ITE M #SA
AUGUST 24, 2015
Request for use-by-exception as permitted by Sectio n 24-111 (c){3), to permit on·
premises co nsumption of alcoholic beverages within the Commercial General [CG)
Zo ning District at 28 She n y Drive.
28 SHERRY DRIVE
The Color Black LLC dba 28 Sherry
July9, 2015
JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR
The applicants h ave recently ac quired the Palms Hote l at 28 Sherry Dr ive. Th e property is zoned Co mm ercia l
General (CG) which allows hote ls. Th ey intend to make renovations and convert it to a boutiqu e hote l. One
co mpon ent of their r enovat ion plans is t o improv e th e interior co urty a rd ar ea and co nve rt it into an outdoor
lounge, where they plan to serve beer and wine to gues ts. The curre nt co urtyard h as tab les and is an area
where gues ts ca n conceivab ly drink beer a nd wine they purchase d off si t e. Th e app li ca nts wo uld li ke to be a ble
to serve bee r a nd wine as a servi ce to gues ts. Ren d erings of th e ir proposed design ca n be found in th e age nd a
pac kage.
The app lic a nts are r equired to get a use-by-exception for alco hol sales accordin g t o Sections 3-5 a nd 24-111 (c)
(3). Sec ti on 3-5 s ta t es, "T he sa le of any alcoholic beverages for on-p r emise consumpti on, including beer, wine
and liquor s hall be prope rl y li ce nsed by th e City of Atlantic Beach, and s ha ll be limited only to restaurants,
cafes, bars and privat e clubs within co mm ercia l genera l an d commercial limited zo nin g districts or the ce ntral
business district in compliance with chap t er 24 of th e city co d e and s ubj ec t to app rov a l of a use-by-exception in
accord ance with section 24-63."_ The City Code h as severa l regu lations s pe cifi c to alco h ol sa les. Sec ti on 3-2
states th at no sa les or service s ha ll occ ur between the hours of 2:00 a.m. and 7:00a.m. Sec t ion 3-7 s tates that
bu s in esses th at sell a lcoh ol s ha ll ma inta in suffi cien t lighting for safety purposes. Sec tion 3-8 states that alcohol
co ns ump t ion ca n only occur in s id e a building, within a recreation area, or within an outdoor seati ng or dining
area.
Th e hotel is curre ntly limited in the amount of p arkin g spaces it can provide on -site. Acco rding to th e
app li cants, th ere are overflow parking a r ra nge me nts with the adjacent Be rks hir e Hathaway a nd the
Presbyterian Church. The parking provided on s ite is ge n era lly sufficient for hote l guest s, but not for potential
visitors of the proposed loun ge. At this tim e the applicants have not indicated a desire to serve outside visitors.
However, s taff reco mm ends a con dition that a formal s hared parking agreeme nt be submitted to th e city if the
app li cants inte nd to serve alco h ol to visitors that are not s taying at the hotel. Section 24-161 (f) (2) a llows a
AGENDA ITEM #8A
AUGUST 24, 2015
s ha r ed p a rking agreement so long as the pa rking is within 400 fee t, which both Berkshire Hathaway a nd the
Presbyteria n Church are a bl e to m eet.
Additionally, due to t he proxi mity to residential neighborhoods and a c hurch, the city may co nsider placing
conditions o n hours of alco hol sa les a nd noise leve ls. Th e r e is one code provision which limits n oise in
proximity to churches. Sectio n 11.2 (g) states, "no person, w hole on public or private grou nds adjacent t o a ny
building in w hi ch a schoo l, ch urch, o r me di ca l fac ility is in session or use, sha ll willfully make o r ass ist in the
maki ng of a ny noise which disturbs the peace or good order of s uch ac tivity occ urring within the building."
Th is section provid es t h e ability for the city to r eg ul ate a ny potential noi se issues with the adjace nt church.
Fi gure 1. Current Pa lms Hot el. Vi ew lookin g west from Sherry Driv e.
Page 2 of 4
AG~NDA ITEM # SA
AUGUST 24,2015
Figure 2. 28 Sherry aerial photo
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of a requested Use-by-Exception (File No. 15-UBEX-1042) to permit on-premises
consumption of alcoholic beverages within the Commercial General (CG) Zoning District and
located at 28 Sherry Drive provided:
1. Approval of this Use-by-Exceptio n is co nsisten t with t he inten t of the Compre hensive Plan.
2. Approv al of thi s Use-by-E xception is in compliance with the re quireme nts o f Section 24-63 ,
Zoning, Subdivision an d Lan d Deve lopment Reg ul a tions.
3. Th e r e qu ested use is consistent with Sec tion 24-lll(c) in that the prop osed use is fo und to be
co nsiste nt with the uses permitted in the CG zoning di stri ct with respec t to inte n sity of use,
traffic impacts a nd compatib ility with exist in g indu stri a l uses, com merc ia l uses and any nearby
residential uses.
Possible Conditions:
• Requiring a n amended use -by -exceptio n if the app li ca nts eve r seek to a ll ow outside visitors
to use th e outdoor loun ge.
• Consideration of conditions related to hours of sa les a nd noi se leve ls.
Page 3 of 4
SUGGESTED ACTION TO RECOMMEND DENIAL
AGENDA ITEM #SA
AUGUST 24,2015
The Community Development Board may consider a motion to recommend approval to the City
Commission of a requested Use-by-Exception (File No. 15-UBEX-1042) to permit on-premises
consumption of alcoholic beverages within the Commercial General (CG) Zoning District and
located at 28 Sherry Drive provided:
1. Approval of this Use-by-Exception is not consistentwith the intent of the Comprehensive Plan.
2. Approval of this Use-by-Exception is notin compliance with the requirements of Section 24-
63, Zoning, Subdivision and Land Development Regulations.
3. The requested use is not consistent with Section 24-111(c) in that the proposed use is found
to be inconsistent with the uses permitted in the CG zoning districts with respect to intensity
of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any
nearby residential uses.
Page 4 of 4
APPLICATION FOR A USE-BY-EXCEPTION
City of Atlnntic Beach · 800 Seminole Road · Atlnntic Beach, F lorida 32233-5445
Phone: (904) 247-5826 · FAX (904) 247-5845 · http://www.coab.u s
AGENDA ITEM #SA
AUGUST 24,20 15
Dntc -----------File No .. ___________ Receipt __________ _
1. Applicnnt's Nnmc The Color Blacl< LLC dba 28 Sherry
2. Applicant's Address 28 Sherry Drive Atlanti c Beach, Fl 3 2233
3. Property Locntion 28 Sherry Drive Atlantic Beach, Fl 32233
4. Property Appt·aiset·'s Real Estate Number ---------Bloclc No ._3 ____ Lot No. 851,852,853,854
5. Current Zoning ciasHificntion _C_G ______ 6. Comp•·ehensive Plan Futm·e Lnnd Usc des ignation _C_G __ _
7, Requested Usc-by-Exception Es ta bli s h an outdoor loung e , e nabling the hotel to se ll and serve beer a nd wine to hotel gue sts.
8. Size of p 111·cel 0.23 acres 9. Utility Provider JEA/COAB/Sawyer Gas/Comcast
10. Statement of facts and special rensons fo t• t he requested Use-by-Exception, which demons trates compliance with
Section 24-63 of the City of A tlantic Beach Code of Ordinances, Zoning und Subdivision Regu lntioos. Attnch as
Exhi bJt A. (The attached guide mny be used if desired. Plcnse ndd t·css each item, as appropriate to this request.)
11. Provide all of the fo llowing in fo r mation. (All inform ation must be provid ed before an npplictltion is schedu led for any
public benrlng.)
a. Site P lnn s h owing the location of all s tructures, tempornry and permanent, including sctbncl<S, b u ilding height,
nu mber of stot'ies and square foohtgc, impervious s urface nrc:~, nnd existing and/m· proposed driveways.
Identify any existing structu res nnd uses.
b. Proof of ownershi p (deed or certificate by lawyer Ot' abstract compnny or title company that verifies record
owner us above). If the applicant is not t h e owner, n letter of authorization from the owne r(s) for applicant to
rept·escnt the owner fo r all put·poses relnted to this application must be provided.
c. Survey and legal description of property sought to be rezoned. (Attnch as Exhibit B.)
d . Required num ber of copies. (Two (2) copies of :111 documents that nrc not larger t hanll x 17 inches in size. If
plans or p b otogmphs, or color attachments are su bmitted, p lease provide eig h t (8) co rPft . n m rc: ~
'· Applk•tloo F" ($250.00) D m: u -~-.[!; ~
I HEREBY CERTIFY THAT ALL JNFORMATfON PROVIDED WITEI THIS APPL nd~Js C g RRECT
Signatur e of owner(s) or authorized person if owner's authorization fol'm is attached: l:B~y==dt=="/=====1
Printed or typed r1ame(s): G..,;.r~egr--S_c_h_w_a_rt_ze_n_b_e_r.;;,.ge_r __________________ _
Siguotu"(')' {C:. ~
ADDRESS AND CONT ACTIWoRMATION OF .PERSON TO RECE I VE ALL CORRESPONDENCE REGARD LNG THJS
APPLICATION NAme: Greg Schwartzenberger
Mniling Address: 28 Sherry Drive Atlantic Beach , Fl 32233
P ho ne: 904-588-6397 FAX: NA E-mnil: gre gs chwa rtz e nb e rg e r@gmall.com ---------------------
EXHIBIT A
AGENDA ITEM #SA
AUGUST 24,2015
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 flre or catastrophe.
The ingress and egress to the property will remain as is. A new entry wall offset further to the west of the property will make parking and hotel entry
safer and more practical. It is proposed that the COAB continue the painted crosswalk in the proximity of our hotel entry/exit so that it continues to cross
Sherry drive and run into the sidewalk running easVwest on Ahern, further defining the pedestrian designated crossing to Sherry Drive vehicular traffic.
2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above.
Parking and loading spaces will remain the same and within compliance. The Palms has parking agreements as well with Berkshire Hathaway and
the Presbyterian church for overflow guest parking and oversized vehicles.
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.
Little to zero adverse impacts are expected. Our courtyard at present is a common gathering place for guests and special events. Our lounge
concept essentially provides a covered area for our guests to relax.
4. Refuse, trash collection and service areas, with particular reference to items (I) and (2) above;
A new dumpster location on Sturdivant, adjacent to other area business dumpsters, streamlines the process and there is added safety by separating
the trash pick up area from guest parking.
5. Utilities, with reference to locations, availability and compatibility;
Utilities in present slate are compatible and available for the lounge space.
6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided
between your use and the adjacent use. The screening and buffering will remain the same as what is in place. To the south, there
is and will stay a wooden property fence. The back of our hotel meets the back of the property to the west (adjacent to Salt Air Motel.) To our North
is Sturdivant running East/West. To our East is Sherry Drive running North/South.
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.)
No new signs or advertising will be added to the property.
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.
No change to use.
Other information you may wish to provide: This use-by-exception will allow us to offer an additional amenity to our guests and wilt
provide additional revenue for the business.
MA, SHOWING A SUR \It'( OF
LOTS 851, 852, 853 AND 854, PLAT OF SECllON N0.3 SAL TAIR AS RECORDED IN PLAT
BOOK 10, PAGE 16 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA
I I
STURDIVANT AVENUE
(~0' RIGHT-OF-WAY)(PAVED) ~
LOT
850
BUILDING
NOTES:
LOT
837
l)lHIS IS A BOUNDARY SURVEY.
2)ANGLES AS PER FIELD SURVEY.
J)NO BUILDING RESTRICTION UNE PER PLAT.
4)NORTH PROTRACTED FROM PLAi. .
99. 74'(FIELD)
100.00'
THE PROPERTY SHOWN HEREON APPEARS
TO LIE IN FLOOD ZONE "X" AS WELL AS
CAN BE DETERMINED FROM THE FLOOD
INSURANCE RATE MAP COMMUNITY PANEL
NUMBER 120075 0001 D, REVISED APRIL 17,
1989 FOR THE CITY OF ALTANTIC BEACH,
DUVAL COUNTY, FLORIDA.
'NOr YAUD MlHOUf !HI: SIGNAllJRE AND ll<t
ORICIN'-1. RAIS<tl SEM. OF A flORIDA UC£NSEO
SUIIVEYOR AND I.I~R.'
u
VI
ATLANTIC BOULEVARD
(105' RIGHT-OF-WAY)
(STATE ROAD A-1-A)
THIS SURVEY WAS MADE FOR THE BENEFIT OF
28 SHERRY DR.,INC.
FIRST AMERICAN TlllLE INSURANCE COMPANY
RICHARD G. HATHAWAY, P.A.
PONTE VERA T:TLE, LLC
OCEANSIDE BANK
il1...~--./~--
DONN W. BOA1WRIGHT, P.S.M.
FLA. UC. SURVEYOR AND MAPPER No. LS J295
FLA. UC. SURVE'tlNG & MAPPING BUSINESS No. LB 3672
CHECKED BY: ----
DRAWN BY: ~C~R:uT-:-==---
BOATWRIGHT LAND SURVEYORS, INC. DA1E: MAY-12-2006
1500 ROBERTS DRIVE
FILE If: 2006-489 JACKSONVILLE BEACH, FLORIDA '241-8550 SHEET._l_OF L_
AGENDA ITEM #SA
AUGUST 24, 2015
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