Item 8B - 15-UBEX-1067CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDAITEM: 15-UBEX-1067 ftJ!
SUBMITTED BY: Jeremy Hubsch, Building and Zoning Director
DATE: October 9, 2015
STRATEGIC PLAN LINK: None
AGENDA ITEM #88
OCTOBER 26, 2015
BACKGROUND: The applicant is Cantina Louie, a full service family style Mexican restaurant to
be opened at 725 Atlantic Boulevard, The Atlantic Theater Shopping Center. This will be the
second location for the restaurant, with the other located in St. Augustine. As part of a full service
restaurant, they will serve beer, wine and liquor in addition to a full menu of prepared food. The
applicant is required to obtain a Use-By-Exception per Section 24-111(c) which states a full
service restaurant with beer and wine sales only would be allowed by right at this location, but
sale of liquor requires a Use-By-Exception.
The site is located within an existing commercial shopping center within the Commercial General
zoning district Within the shopping center are two other restaurants, The Fish Company and
North Beach Bistro, as well as a recently approved veterinary clinic and a mix of retail uses. The
previous use within the unit was the restaurant, Pucket Cafe. There are no residential uses
immediately adjacent to the unit Shared parking is provided by the shopping center. There will
be no changes to ingress and egress. The area outside of the unit is maintained by property
management including trash. They are open daily from 11 AM to 9:30 PM. Section 3-2(a) of the
city code prohibits the sale of alcohol between 2 AM and 7 AM.
The Community Development Board will review this request at their October 2i" meeting. CDB
recommendations will be presented to the Commission at the November 9th Commission meeting.
BUDGET: None.
RECOMMENDATION: Approve UBEX-15-1067
ATTACHMENTS: CDB StaffReport
REVIEWED BY CITY MANAGER:_~. ·_2._?1-'-''=---u-=-~-"---'--'---'A""'----'-·=£--L/--"-4----------
AGENDA ITEM
CASE NO
LOCATION
APPLICANT
DATE
STAFF
STAFF COMMENTS
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
4.0
1 5-UBEX-1067
AGENDA ITEM fl81l
OCTOBER 26, 20 IS
Request for use-by-exceptio n as permitted by Section 24·-111 (c}(3}, to allow on-
premises co nsumption of alco holic bevemges in accorda nce with Chapter 3 of th e
co cl e within th e Co mmercia l General (CG) Zoning District at 725 Atlantic Boulevard,
Unit 9.
725 ATLANTIC BOULEVARD, UNIT 9
Cantina Louie
October 7, 2015
DEREK W REEVES, PLANNER
Th e app li cant is Ben Porter with Canti na Loui e, a fu ll servic e fam il y s lyl e Mex ican r estau ran t to be ope ned at
725 At lantic Boul evard, Unit 9. This will be the second lo ca tion for the restaurant w it h the other located in St.
Au gust in e. As part of a full servi ce restaurant, lheywill se rv e beer, win e and liqu or in addition to a full menu of
prepared food. The app li can t is required to obtain a Use-By-~xcep tion pe r Section 24-111(c)(3), whic h s tates
one is needed for, "on-premises co nsump tio n of alcoholic beverages" with in Lhe Commercia l Genera l zon in g
di strict. To clarify, a full service restauran t with be er and wine sa les on ly woul d be all owed by right at this
Jocalion. It is the sale of liqu or that requires a Use-By-Except io n.
The site is lo cate d wi t hin an existi ng commercia l s hopping center with in th e Commercial Ge neral zon ing
district. Within the s hopping center are two oth er fu ll servi ce restaurants, The Fish Company and North Beach
Bi stro, as well as the rece nt ly a pproved ve le rin a ry clini c and a mix of r etai l uses. The p revious use within the
unit was the restauran t, Pu cket Caf6. There are no residentia l uses immediate ly ad jace nt to th e unit. Shared
parkin g is provided by th e shopping center. There will be no changes to in gr ess and egress. The a rea outside of
the unit is ma intaine d by property management including trash.
Th e appli cant ha s provided a re cen t sa les report from t heir St. Au gus tine location wh ich shows foo d sa les
above 77 p ercent. t.iquo r sales were about 12 perce nt. They are open dai ly from 11 AM to 9:30PM. Section 3-
2(a) of the city co de prohibits the sa le of a lco hol hetween 2 AM and 7 1\M .
SUGGESTED ACTION TO RECOMMEND APPROVAL
AGENDA ITEM #8B
OCTOBER 26, 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-1067) to allow on-premises
consumption of alcoholic beverages in accordance with Chapter 3 of the code within the
Commercial General (CG) Zoning District and located at 725 Atlantic Boulevard, Unit 9
provided:
1. Approval of this Use-by-Exception is consistent with the intent of the Comprehensive Plan.
2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63,
Zoning, Subdivision and Land Development Regulations.
3. The requested use is consistent with Section 24-111(c) in that the proposed use is found to be
consistent with the uses permitted in the CG zoning district with respect to intensity of use,
traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby
residential uses.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission of a requested Use-by-Exception (File No. 15-UBEX-1067) to allow on-premises
consumption of alcoholic beverages in accordance with Chapter 3 of the code within the
Commercial General (CG) Zoning District and located at 725 Atlantic Boulevard, Unit 9
provided:
1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan.
2. Approval of this Use-by-Exception is not in 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 incon~istent 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 2 of 2
APPLICATION FOR A USE-BY -EXCEPTION
C ily of Athmtic Benc h · 800 Seminole nond · Atlnntic Bench, Fl oridll 322 33-5 445
Phon e: (904) 247-5826 · Fnx: (904) 247-5845 · Website: www.conb.us
AGENDA ITEM #88
OCTOBER 26,2015
Dntc -----------File No .. ___________ Receipt -----------
1. Allllli cn nt's Nnmc C.Ab.IIllJA lnw'=
2. Applicnnt's Address 71s ATl.A;;icJ.iLYD, UN!r 9 Ail.ANf!<' itAcH, El 3:1233
3. Pt·opct·ty Locntlou __]J5 Art ANTIC {lvo . ArLt\NIIC. BeACH, n 31J33
4. Prop erty Apprlliscr's Rcn l Es t nte Numbea · 17136'3 ~ OOOQ m ock No. Lot No. ____ _
5. C ua ·a·cut Zoning C la ss ification ACG 6. Co mpre hen sive !ll:~n Future LRnd Usc d es ignRtl on ----
7. Requ ested Usc-by-Exception ....!JCOP-SR't-L .... tc ... E....,M""'SE...__ ________________ _
8. S iz e of l>na·ccl_,/cu6 .... ~ ..... 5Q......,3......_ ______ _ 9. Utility Provider J E'A ,. COAB 1 §co
I 0. S tn tcmcut of fnct s nnd SJ>c cinl rcnson s for the requ es ted Usc-by-Exception, whic h demonstrntcs compllnnce with
Sec tion 24-63 of the C ity of Atlnutic Ben ch Co cle of Ordlnnnces, Zouing nnd Subdivision Rcgulntl ons. Attnch ns
Exhibit A. (The nttnched guide mny be used if d es ired. Plen sc ndllrcss ench item, ns npproprlntc to this a·cqu cs t.)
II. Pa ·o vide nil of the followin g info nnnti on. (All infonnntion mu st be pt·ov ldcd before nn nppll cnt ion is sc hed ul ed for nny
public hearing.)
n. S ite Plnn s howing the Jo cn tlon of nil s tt·uctna ·es, tempom ry nnd pennnncnt, including se tbn cl<s, building h eight,
numbct• of stol'lcs nnct sq nnrc footnge, Impervio us s urface nrcn, nnd exi stin g nnd/ot· propose d dl'ivewnys.
Identify nny existing s tructures nnd uses.
l>. Proof of ownership (deed or certifi ca te by lawye a· or n bstrnct co mJl llllY o•· title co mp nn)' thnt vel'ifies record
owner ns nl>ovc), Jf the nppllcnnl Is not th e ow ne r, n Jett er of nuthorizntion fa·om the ownc•·(s ) for npplicnnt to
represent th e ownc1· for· nil purposes rein ted to this nppllcntiou must be JII'OVid cd.
c. S urvey nud Jegn l description of property sought to be rezoned . (AUnch ns Exhibit n.)
cl. Requ ired numbe •· ofeoplcs. (Two (2) CO Jl ics ofnli documents th nt n r c not lnrgct• thnn II x 17 inches in s ize. If
plnn s o•· photog rnphs, or color nttnchmcnts nrc s u bm itted, pl ensc provide eight (8) copies of th ese.)
c. Applicntlon Fcc ($350.00)
I H EREBY CERTIFY THAT ALL INf-ORMATION JlllOVIDEO WITH THIS APPLICATION IS CORRECT:
S lgnntua ·c of owncr(s) or nulhorizcd p erson If ownc•·'s nuthol'izntlon fot ·m is nttnchcd:
R
ADDRESS ANI) CONTACT I FO!tMATION OF I'EitSON TO ltEC.E IV£ ALL COIWESI 'ONOENCE REGARI)ING TillS
APJ>J.J C:ATJON Nnmc: UtJTINA Lowf #'o~ Ll,C. Arw : fki!JAMIN d. f6m.R
Mnlllng Acldt·css: Llll f'S! 5f 1\{ dAC K$0NV;L LF !kcH,. n 3:U,50
l'honc: 70Y·560·Zs/7 FAX: 90Lf·2~6 ·tttfri E-mnil: Bw .ft&W(@PMG ·d&.Cll.N\
EXHIBIT A
AGENDA ITEM #8B
O CTOB ER 26, 2015
The review of nn applicntion fot · n Use-by-Exce ption s hall consider th e following items. Please
address ench of the following as applicnble to your s pecific application.
I. In g ress and egress to pro pe rt y and propose d Stru ct ures th ereo n with parti cul ar refe rence to ve hicul aJ' and
pedes tri an sa fe ty and co nveni ence, traffic fl ow and co ntrol and access in case of fire or ca tas trop he.
2. Pa rking and Load in g Spaces, where requi red, with
3, The pote ntial for any adve rse imp ac ts 1
from excess iv e noise, g lare and li g htin g
bei ng requ es ted.
5. Ut iliti es , with r
6. If adj acent uses are differe nt
betwee n yo ur use and th e
,,
{I) nb ove.
rti cs ge nerall y in th e nrea J'es ullin g
hnra cteri sti cs of the l se-b~r-Exc ept ion
aJ I pro c ex terior I ig htin g, with re fere nce to g lare , t raffic safe ty , eco nomi c effects a nd
wny with pr operties in th e Di s tri ct; (See S igns ond Adv erti s ing, Chap ter I 7.)
8. Show build ing setb ack s and Mens of open space on s ite plan.
9. Genera l co mpatibility with adj ace nt properti es and ot he r property in th e Slii'J'Olln clin g Zo ni ng Di stri ct as
well as co nsis te ncy wi th applicable pr ovis ions of th e Comprehens ive Pl nn .
Other informatio n yo u may wi sh to provid e : ---------------------
Cantina Louie #02, LLC .
412 1 st St. N.
AGENDA ITEM #88
OCTOBER 26,2015
Jacksonville Beach, FL 32250
,,
09/30/2015
To Whom It May Concern:
This letter is to serve as all necessary information that i s requested upon submittal of the "Application
for a Use -By -Exception" Exhib it A. This application is for the zoning approval for a 4COP-SRX license.
The proposed locatio n is to occ upy the space formally held by another full-service restaurant (Pucket
Cafe). The space Is located within the North Beach strip cente r on Atlantic Blvd between two additional
full-se rvice res.taurants (North Beach Bistro and The Fish Co.). The proposed location will be the 2"~
location for Cantina Loui e.
1. Ingress and egress will not be altered In any way from the previous tenant.
2. Parking and loading spaces will not be altered In any way.
3. Adjoining spaces will nbt be affected as they have had previous full-servic e restaura nts beside
them In the past. There will be no excess ive noise as we do not provide any live entertainment,
DJs, etc.
4 . Trash collection Is maintained by the center at the rear of the building.
5. Utilities have a lready been set-up with JEA, Teco Gas, and the City of Atlantic Beach .
6. The adjacent spaces are separated with a fire wa ll that was not altered In any way.
7. Exterior signage will conform to all local building regulations and has been contracted by a local
licensed sign company. No temporary slgnage has been Installed .
8. See site plan. All yard maintenance is maintained by the b uilding owner.
9. General compa ti bility sh all be the same as the previous restaurant and their relationship with
surrounding areas.
AGENDA ITEM 118B
OCTOB ER 26,2015
Cantina Lo ui e is a fam ily es t ab lishment that opens from ll:OOam-9:30pm d ally. I have included i n this
package our sa les report from the St. Augustine location w hi ch shows food sales above 77%. We
stro ngly feel we will be a great fit for the Atla ntic Beach commu nity and ca n't wait to serve you in the
n ear future.
Thank you,
Benj in J. P ft r
PMG Jackso nville, In c.
Office-904 .246.6454
Mobile -704.560.7317
Bcn .Po rte r @P M G-Jax.co m
...
F:XHJRIT '1 B"
NORTH BEACH CENTER COMMERCIAL LEAS I~
SITE PLAN OF SHOPPING CENTEJ{
30
I
\:
\
I
\
o.• ,:• I
·~·. -
. .,.-t -.... ·-··-· .. , .. :-·-··-"".
AGENDA ITEM 1188
O CTOBE R 26, 2015
ARTJCLF. l
BASIC LEASE PROVISIONS, DEFINITIONS
ANn II>ENTIFICATION OF EXHIBITS
L I BASIC Lll:ASI1 PllOVIS IONS
1\. SHOPP ING CENTER AND ADD RESS:
NORTH HEACI I CRNTER
725 A tlantic Bo ul cvm·d
At lantic Benc h, Floridu 32233
•'
B . LANDLORD AND ADDRESS AND TELEPIIONE NUMBERS:
1\TL/\NTIC-PnNMAN, LI .C
500 Sou th 3ril Street
Jackso nvill e Beach , Florida 3225 0
Te leph one n umber: (904) 260-3080
Fax number: (904) 24 1 ~ 130 I
C. TENANT AND CURRENT ADDRESS AND TELEP I l ONE NUMntmS:
Cant i na Louie #2, LLC
4 12 JMS trcctNorth
Jncksonv ill c Beach . FL 32250
D: 0/\TE or LEASE : July 29, 20 15
E. TENANT'S BUS INESS : Mcx iu un Restuurnnt
F. TENANT'S TRADE NAME: Cantina Louie
AGEND A ITEM f#8R
OCTOBER 26,201 5
G. DEM ISED PREM ISES: Those premises cn;clcd or hcrcaflcr to be ~;rectcd in the
ShoppinJ; Ce nter consisting of a s l(l rC h aving u fl oor urea of n proximat ely 3,000
SlJUU rc f eet , £tnd kn own as Spm;c, Sto re, or Unit N um be r QC) units 09 & 10 arc
combi ned as unc unit}.
l l. LEASE TERM: Q£months Hll u 15 dttys.
I. COMMENCEMENT DATE: Augu~t I , 20 15
J. /\NTICJPATED DELIVERY DA TE: A ugus t I , 2015
K. ACTUAL DEL IVERY DA T E: T he date the Dem ised Prem ises arc ucLuul ly ocl ivcrcd
by Lan dl ord to Tena nt us provided in Art icle 8 be low.
L. TERM INATION DATE: The ex.piw tio n da le of th e Lcusc Te rm , which is exactl y 62
mo nths & 15 dnys mo nth s fo ll ow mg th e Commencement J)ote .
M. MON Tll LY !lASE Rl~NT AND RENT ESCALA TJ ON: Sec Addcm lu 111
N. PRE-PA I D RENT: Four T ho usa nd Nine Hun dred forty-eight nnd 7511 OOt hs Do ll ms
($4,948 .75), which wi ll he npplied to th e Is' Month 's Rent. (base+CA !I1+tnx)
0. SECUR ITY DEPOS IT: Nine Th ousand Two llundrcd Fi lly nnd 00/IOOt hs Do ll ars
($9,250.00). (base ·l CAM)
P. BROKERS AND ADDRESSES: Stmtcg ic S it es & Pctm Ma nngcmen t
2