Item 8C - Use by Exception - 303 Atlantic Blvd.CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM # 8C
MARCH 28,2016
AGENDA ITEM:
SUBMITTED BY:
16-UBEX-41 (303 Atlantic Boulevard) /--zJ-1
Jeremy Hubsch, Building and Zoning Director ( 1'1.
DATE: March 11, 2016
STRATEGIC PLAN LINK: None
BACKGROUND: The applicant is Al Mansur, owner of Al's Pizza, which is located at 303
Atlantic Boulevard. The property is located in the Central Business District (CBD) zoning
district. Mr. Mansur is in the process of designing a renovation and expansion of his existing
restaurant. Part of the expansion will be the addition of additional seats, which will enable the
restaurant to be licensed by the State of Florida for full alcohol service. The applicant is
required to obtain a Use-By-Exception per Section 3-5 of the City Code which states, "The sale
of any alcoholic beverages for on-premise consumption, including beer, wine and liquor shall
be properly licensed by the City of Atlantic Beach, and shall be limited only to restaurants,
cafes, bars and private clubs within commercial general and commercial limited zoning
districts or the central business district in compliance with chapter 24 of the city code and
subject to approval of a use-by-exception in accordance with section 24-63 ."
There are several nearby restaurants in the Atlantic Beach portion of the Beaches Town Center
that have full alcohol service, including Poe's, Ragtime, and Ocean 60. In order to expand the
existing restaurant, the applicant will have to provide additional parking. The applicant is
seeking to provide the required parking offsite through a shared parking agreement. The shared
parking agreement has been submitted to the city, but needs a zoning variance due to the
distance from the site. The zoning variance will be approved or denied at the March 22nd CDB
meeting. The Community Development Board will also review this Use-By-Exception at that
meeting. CDB recommendations will be presented to the Commission at the March 28th
Commission meeting. A Public Hearing will be held on April 11th to approve or deny the Use-
By-Exception.
BUDGET: None.
RECOMMENDATION: Approve UBEX-16-41
ATTACHMENTS: CDB StaffReport, UBEX-16-41 Application
REVIEWED BY CITY MANAGER: '-t/f ~~
AGENDA ITEM
CASE NO
LOCATION
APPLICANT
DATE
STAFF
STAFF COMMENTS
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
4.A.
16-UBEX-41
AGENDA ITEM #8C
MArtCH 28, 2016
Request for use-by-exception as permitted by Section 3 -51 to allow on-premises
co ns umption of a lco holic beverages at a restaurant within the Ce ntral Business
District at 303 Atlantic Boulevard.
303 Atlantic Boulevard
AJ Mansur
March 8, 2016
JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR
The a pplicant is AI Mansur, owner of Al's Pizza, which is located at 303 Atlanti.c Boulevard. Th e
property is located in the Central Bus in ess District (CBD) zoning district. Mr. Ma nsur is in th e process of
de s igning a renovation and expansion of his existing restaurant. Part of the expa nsion will be the
addition of additional sea ts) which will enable the restaurant to be licen sed by the State of Florida for
full alcohol service. The applicant is required to obtain a Use-By-Exce ption per Section 3-5 of the City
Code which states, "The sale of any alco holic beverages for on-premise co ns umption, including beer,
wine and liquor shall be prope rly licen sed by the City of Atlantic Beach, a nd shall be limited only to
restaurants, cafes, bars and private club s within commercial general and commercial limited zoni ng
di stricts or the ce ntral business dis trict in compliance with chapter 24 of the city code and su bject to
a pproval of a use-by-ex ception in accordance wi t h section 24-63.''
There are seve ra l nearby restaurants in th e Atlantic Be ac h portion of the Beaches Town Center that
have full alcoho l service, including Poe's, Rag t ime, and Ocea n 60. In order to expand th e existing
res taurant, the app li cant will have to provide additional parking. The app li cant is seeking to provid e the
required parking offsite through a s hared parking agreement. The shared parking agreement has been
submitted to the city, but needs a zoning variance due to the distance from the site. The zoning variance
will be app r oved or denied at the March 22nd CDB meeting.
SUGGESTED ACTION TO RECOMMEND APPROVAL
AGENDA ITEM #8C
MARCH 28, 2016
The Community Development Board may consider a motion to recommend approval to the City
Commission of a requested Use-by-Exception (File No. 16-UBEX-41) to allow a restaurant with
on-premises consumption of alcoholic beverages within the Central Business District (CBD)
Zoning District and located at 303 Atlantic Boulevard provided:
1. Approval ofthis 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 24-114(b) in that the proposed use is found to be
consistent with the uses permitted in the CBD 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. 16-UBEX-41) to allow a restaurant with
on-premises consumption of alcoholic beverages with ,in the Central Business District (CBD)
Zoning District and located at 303 Atlantic Boulevard 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 24-114(b) in that the proposed use is found
to be inconsistent with the uses permitted in the CBD 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 of2
APPLICATION FOR A USE-BY -EXCEPTION
C ity of Atlantic Boacla · 800 S eminole Road ·Atlantic Bench, F lol"lda 32233-5445
Phone: (904) 247-5826 · FAX (904) 247-5845 · http://www.coa b.us
AGENDA ITEM #8C
MA RC H 28,2016
Dntc _.:...F..:::e..=b.:..:ru::.:a::.:ry-'--1~5::..r.,-=2:.:0:...:1:...::6:...__ File No. __________ Receipt ----------
1. Applicant's Name _..:..A~I..:M~a~n~s~u"-r---------------------------
2. Applicant's Address 303 Atlantic Boul evard. Atla ntic Beach, FL 32233
3. Property Location 303 Atlantic Boul eva rd , Atlantic Beach, FL 32233
4. Property A p(u'nisea·'s Renll!.:stntc Numbe1· 169729-0000 Bloclt No. Lot No. 2.4,6
5. C m ·t·cnt Zoning C lassifica tion CBD 6. C omprehensive Plan Future Land Usc des ig nation ___ _
7 . Requested Usc-by-Exception Req uest approval for full alcohol service. Rest aurant currently serves
beer a nd wine only
8. Size of Pnrcel 150' X 1 09.3 2' 9. Utility Providct' __.;;J..;;;E;.;.A...;__ _________ _
10. Statement of facts and s p ecia l reasons for the requested Use-by-Exception, which de monstr a tes complinncc with
Section 24-63 of the C ity of Atlantic Bench Code of 01·dlnnnces, Zoning nnd S ubdiv is io n R eg ulations. A ttac h ns
Exhibit A. (The a ttached guide may be used if des ired. Please ndd1 ·css each item, as appropriate to this l'equest.)
11. Provide nil of the foll ow ing info1 ·matlou. (All Information must be provided be fo•·e nnapplication is scheduled foa · nny
public b caa·i ng.)
n. S ite Plnu s howing the location of nil s tructures, temporary nnd p e a·mnne nt, Includin g setbacks, building h eig ht,
number of s to ries nnd s qua •·e footage, lrnpc a-vi o us Slll 'face lll'en, and exis ting and/o•· proposed drlvewnys .
Identify nuy existing s tructu1·es nnd uses.
b. Proof of ownership (deed or certificate by lnwytw or abstract company o1· title company that verifies •·cco•·d
owne r a s nbove). If the n ppllennt Is not the owne1·, a le ite r of nuthol'izntlon from the ownc•·(s) for nppllcnnt to
J'c prescnt the owner for nil pm·poscs a·e lated t o t his npplicntlou must be provided.
c. S urvey and le gal description of p roperty sou g ht to be r ezo ned . (Attnch AS Exhibit n.)
d. Required number of copies. (1\vo (2) copies of nil documents that IH'C n o t hu·ger thnn 11 x 17 Inches In s ize. If
plnns or pho togi'R phs, Ol' colo1· nttncbments nrc submitte d, plense provide e ig ht (8) copies of these.)
c. Appllcntlon Fee ($250,00)
I HEREBY CE RTIFY THAT ALL INFORMATION PROVIDE D WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) Ol' n utho l'i zcd pe r son If owne1·'s authorlzntion form Is attached :
owner authorization form Is attached
ADDRESS AND CONTACT INFORMATION OF PERS ON 1'0 RECEIVE ALL CORR ES PONDENCE REGA RDI NG TillS
API'LICATION Name: AI Man s ur --~~~~~-----------------------------------------------
Mailing Address: 303 Atlantic Bo ul eva rd, Atlantic Beach, EL 32233
Plton e : 904 5376 969 FAX: __________ E-mail: almansur65@gmail.con
EXHIBIT A
AGENDA ITEM #SC
MARCH 28, 2016
The review of an application for a Use-by-Exception shall consider the following items. Please
address each of the following as applicable to yonr specific application.
1. Ingress and egress to property and proposed Structures thereon with pmticulm· reference to vehicular and
pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
No change from existing restaurant
2. Parking and Loading Spaces, where required, with particular attention to the items m (1) above.
No change from existing restaurant
3. The potential for any adverse impacts to adjoining propetties 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.
No change from existing restaurant
4. Refuse, trash collection and service areas, with patticular reference to items (1) and (2) above;
No change from existing restaurant
5. Utilities, with reference to locations, availability and compatibility;
No change from existing restaurant
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.
No change from existing restaurant
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 Advettising, Chapter 17.)
No change from existing restaurant
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 propetty in the sutTounding Zoning District as
well as consistency with applicable provisions of the Comprehensive Plan.
Existing restaurants in CBD serve alcohol. The addition of alcohol service in this
restaurant will be compatible with other businesses in the CBD
Other information you may wish to provide: Current!)! Al's Pizza serves beer and wine only
The proposed renovation of the existing structure w1ll add more seats and provide full alcohol service.
All other restaurants in Beaches Town Center have full alcohol service.
February 16, 2016
To:
FROM:
RE:
The City of A tl a ntic Beach
800 Seminole Road
A tlantic Beach, FL 32233-5445
Owner: Shirley Junk
915 N. 13 1h Street
Jacksonv ille Beach, FL 32250
Application fo r a Use-By-Exception
To Whom it May Co ncern:
AGENDA ITEM ## 8C
MARCil 28, 20J6
This lette r is written to authorize Mr. Al Mans ure to act as Agent on beh a lf of the aforesaid
Owner in connection w ith the referenced Application for a Use-By-Exception for property
locate d at 303 Atlantic Blvd., A tlanti c Beach, FL 32233 .
0 J / . ''1 1r J 1-wner: ~_..;:...· -..:'?:;.....:::;...J.'r-"..:.../_7...L./_· -7l(f""Jo,._,l.~~""'"-'---------r -7
Date: t.,/ 1 1//~
The foregoing authorization was subscribed before me this L2_ day of February, 20 16, by
Shirley Junk, personally known .
.• -:l~Y.~r~. MARLeNE 0. TAllEY f.~tlJ··~~ MY COMMISSION tEE 860925 ~· ! : EXPIRES: April 27, 2017
' ; ,. , • Bonded Thru Nollly Pijblc Underwrilm
3 03 At la ntic Boul e vard, At la n t ic Beaach, Florida 32233
Fe bru ary 18, 2016
Jer e my 1-lub sc h
Bui ld ing and Zoning Director
City of Atl a ntic Beac h
800 Se minol e Road
At la ntic Beach, Florida 32233
AGENDA ITEM # 8C
MARCH 28,2016
Enclo sed please find the followin g documents rela te d to t he proposed renovation of the
ex isting Al's Pizza loca tion :
1. Ex ec uted Application for Use By Exception with letter of a uthori zation
2. Exec uted Shared Parking Agreement with Beaches Town Center Age ncy
3. Ex ec ute d Valet Parking Agreement with AlA Va let
I be li eve the a ttach ed docum e nts co mpl e te t h e Ji st of items w e di sc ussed in our meeting of
Februa ry 11, 2016. Please contact me if you have a ny a dditio na l comments or questions.
Sincerely ,
AI Mansur
lmaosur65@gmaj l.rom
L.C f l
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SHARED PARKING AGREEMENT
AGENDA ITEM #SC
MARCH 28, 2016
As Licensee (Lessor) having access and control of 300 or more parking spaces located at various properties throughout
the Beaches Town Center (locations attached as Exhibit "A"), we hereby agree to share a minimum of 13 parking spaces
("shared spaces") as allowed and required by the City of Atlantic Beach Code of Ordinances with
Al's Pizza In~ (Lessee) for his business located at 303 Atlantic Boulevard
(the "Property) during their normal business hours for customer and employee parking. Those days and hours being:
Monday through Thursday 11 am to 11 pm
Friday and Saturday 11 am to midnight
Sunday 11 am to 11 pm
The normal business hours of the shared spaces identified in the attached Exhibit "A" are:
Hours will vary, details Included In the attached Exhibit 118 11
Access to the shared spaces will be provided to Lessee's customers and employees via an "on demand" shuttle to and
from the shared spaces and the Property, or a valet service located on the Property.
This Agreement shall commence on September 1 * , 2016, and shall remain In effect until such time that Lessee Is no
longer In need of the shared spaces. The shared spaces Inventory may be increased and/or decreased over the Term of
this Agreement upon 60 days written notice by Lessor to Lessee.
Except to the extent arising from the negligence of Lessor or Lessor's employees, agents, representatives, members,
managers, directors, partners, officers and affiliates (collectively, "Lessor Parties"), Lessee shall indemnify, defend,
protect and hold harmless Lessor and Lessor Parties from any and all loss, cost, claims, damages, demands or liabilities
arising out of: (I) any breach of this Agreement by Lessee, or (II) the acts or omissions of Lessee (or any person or entity
employed by Lessee or for whom Lessee is responsible), in connection with or arising out of this Agreement or the
services performed by Lessor under this Agreement. The foregoing indemnity shall survive the termination of this
Agreement.
Any notice or communication required to be given to or served upon either party hereto shall be given or served by
personal service or by express delivery or by mailing the same, postage prepaid, by United States registered or certified
mail, return receipt requested, to the following addresses:
LESSOR: BEACHES TOWN CENTER AGENCY
200 First Street
NEPTUNE BEACH, FL 32266
LESSEE: Al's Pizza Inc
303 Atlantic BoultWard
IN WITNESS WHEREOF, ecuted this Agreement as of the date first above written. -----;. .....
LESSOR SIGNATURE: ---r==---o:::::;_-----r------DATE Q2.-J1-/h
PRINT NAME: _....;:;;Ja:::..~..:.=~;:::=::::::::Jl~::;;....----TITLE: _.....;..P;.;;;re;.;.;sl;.;.;de:;.:.n;;;.t ---~--
LESSEE SIGNATURE:~~~~£.,&.~==:::::::... ______ DATE 2/u/;-t
--&;;.....,......_.""""'------------TITLE: __.,P ..... rA..,s...,idwe;u.nu..t -------
15 spaces av ailabl e 24/7.
14 spaces available 24/7
EXHIBIT "A"
"shared spaces"
-,, ...
Sat and a ll day Sunday.
Spaces ava ilable after 5pm M-F, afte r 2pm Sat and all day Sunday .
AGENDA ITE M# 8C
MARCH 28,2016
60 spaces ava il ab le 24/7 except Sunday before 2pm and Wedne sday after 6pm. 120 additional spac es ava il ab le Tuesday,
Thursday, Frid ay a nd Sa turday after 4 pm and Sunday after 2pm.
Al's Pizza
Al's Pizza
Mr. AI Mansur
303 Atlantic Blvd.
Atl anti c Beac h, FL 32233
AGREEMENT/CONTRACT TO PROVID E VALET SERVICE FOR AL 'S PI ZZI\.
f l 'RS Of' nPt~J. t 1/tl ,
Number of Valets Hour·s
AGENDA ITEM# 8C
MARCH 28,2016
IIAM-3PM ; SPM -11 PM
111 f R t (h 0/TIU ,
A l A Va let agrees to provide valet se rvi ces for th e above listed days and times. It is
und erstood by a ll pa rti es that operat ions may fi ni s h ear ly dependin g on cu s tomer vo lum e
o n any particular day , therefore th e numb er of atte nd ants or hou rs may be reduced o nl y
after permiss ion from A l's Pi zza mana ge ment. It is also unders tood that Al's Pi zza ma y
nee d addi ti ona l days du rin g th e ir grand o pening .
liNJFORi~-IS AND EMPJ.V}'EE TRAINING
• Q
•
Depe nding on th e seaso n, th e sta ff of AlA Va let wi ll be dressed in one of the fo llowin g
uni for ms :
I . B lac k pants, A J A Valet logo shir t and black A I A Valet logo jacket.
2. B lack shorts, A I A Val et logo shirt
A 1 A Va let staff is requ ired to keep a professiona l appeara nce. All staff members will
ma in tain a s moke and drug free e nviron me nt. A l A Val et e mpl oyees are required to atte nd
both in c lass and onsite !rainin g befo re being ass ign ed to any venue position .
~ Jl//PULNJ' A.VI , N~l -,
A l A Valet will sup p ly it s emplo yees with a ll equipment needed to perform services in a
profess iona l and effic ient manner. These suppl ies in c lu de, but are not limited to , key
pod iums, s ignage, uniform s and in surance.
Al's Pizz:1
I \ fi \ ', ('()I I · h (,
AGENDA ITEM #8C
MARCH 28, 2016
Liability Ins urance: A 1 A Val et wi ll ma intain a ga ra ge keeper's in surance policy with an
additional general liability po licy. Thi s covers al l ve h ic les in our possess ion and da ma ge
to prop erty we are operatin g on. This co verage also cove rs anybody on the pre mi ses tha t
is injured by the neg lige nc e of one of our empl oyees. Actual lega l limit s are covered in th e
ce rtificates of in s utan ce, wh ic h wi ll be provid ed upon acce ptance of con tra ct.
Workm an's Compe nsation: A I A Va let will maint a in during t he term of thi s agreement
workman 's compensat ion insurance on a ll of it s emp loyees in accordance w ith th e laws of
Florida.
Genera l Liability: A I A Valet s ha ll be respon s ib le and fu ll y liab le fo r any and all
liabil iti es and or damages ca used by th e action, in act ion or will fu l ac ts of its employees or
age nts wh ile operati ng the va let se rvice for A l's P izza at 303 At lantic Blvd , Atlan t ic
Be ac h, FL 32233. A l A Va let sha ll indemnify, defend and hold Al's Pizza harml ess from
any and al l willful misconduct of its employees or agents.
A I A Valet accepts liabi lit y for any damage done to any structure o r ve hicl e by it s
emp loyees or agents at AI 's Pi zza. A I A Valet a lso accepts liability for any inju ry
susta ined to a perso n o r persons by it s emp loyees and agen ts wh ile operatin g at Al's
Pi zza. AlA Va let wi ll no t accept li ab ility for any damage caused by acts of God.
Fut1h ermore, A l A Va let wi ll not accept liab ility for injury or damage susta in ed as a resul t
of fault y brakes or improperly maintained cars. A I A Vale t will nol be held liab le fo r any
item s, which are left in a vehic le. A lA Va let will not be held liable for any a utom o bil e
which is s tolen under any circumstances nor will A I A Valet be held li ab le for any damage
ca used by a third part y exce pt as a resu lt of our own ne gligence . A I A Valet wi ll not be
he ld liabl e for damages re s ultin g from a hit a nd run ac c ident. A I A Va let accepts li abil it y
for damages due to our neg ligenc e only. Any c laim for adjustment mu st be mad e before
the ve hic le leaves th e possess ion of the emp loyees or agents of A 1 A Va let Parking In c.
I RI\I~G LOT USE'
AlA Val et will add Al's Pi zza to their curren t list of res ta ura nts prov id in g va li dations for
gue sts. The stag in g area for valet parking is located at II 0 N I st St, Neptune Beach, FL
32266. Guests vi sitin g Al's Pi zza will be d ir ected to the valet sta gin g a rea by th e use of
tempo ra ry direct ional s ignage.
ILRr;ENC't' CONT tC"f
The on ca ll phone number of A I A Va let's manager will be pro vided for all
correspondence and problem reso lut ion.
H l./ t I H C:R CONDITIO,\-.\
A I A Va let will provid e servi ce on ag ree d days and times regardless of wea th er cond iti ons
un less they cre ate a ha za rd lo em p loyees or duties per form ed. AlA Vale t ma nageme nt
will be in contact withAl 's Pi zza Mana ge me nt to furt her di sc uss prese nt s itu atio n.
2
Al's P izza
Th e cos t of thi s serv ice will be bill ed at $13 .50 per man hour .
AG E NDA IT EM 118C
M ARC H 28, 2016
*NO TE: In th e case o f additi ona l ho urs, not li ste d a bove, du e to a pl'ivate ev e nt or large
party that requires extr a sta ffi ng, Al's Pi zza w ill be charge d $13.50 per ma n ho ur for
additi ona l e mplo yees.
/1 , cl/( J 1 l'tlf t I'
A l A Va let will in vo ice Al's Pizza once a mo nth . All invo ices are due 30 day s from th e
in vo ice date. In th e unli ke ly eve nt of non-payme nt (over 90 days pas t due) of an in voice or
in vo ices th en it wi ll be t urn ed over for co ll ectio n. It is also und e rstood that Al 's Pizza will
be res ponsibl e fo r all reaso nabl e attomey fees ass ociated with t ryi ng to co llect a ny a nd all
pas t du e money owed by the sa me to A I A Va let Parkin g ln c. Fur the rm ore, it is
un de rstoo d by a ll pa rties that they will abi de by any decis ion of a j udge , ju ry or arbitra tor
rega rdin g any and all lega l matters associated with this co ntract.
(UN/H. l< f IJ \( TJ/
Thi s co ntrac t will be in e ffec t fo r a pe ri o d of one yea r fro m th e start date spec iJi ecl . It will
aut omatica ll y renew unless a w ritten ca nce ll ati on is s ub mi tt ed 30 cl ays befo re th e term of
th e co ntrac t is up . Afte r th e one-yea r term, e ithe r par ty may ca ncel thi s agree ment by
prov idin g th e oth e r party 30 days ' no ti ce in wri tin g.
3
A t's Pizza
J I. . I (
AGENDA ITEM # 8C
MARCH 28,2016
All not ices mu st be prov id ed in wri t in g via U.S . mail , cer tified , ret urn rece ipt requ es ted or
overnight de li very to:
Al's Pi zza
Mr. AI Mansur
303 At lantic Blvd.
At lantic Beach , FL 32233
Phone-904-537-6969
Ema il-A l@als pi zza .c om
A I A Va let Parkin g In c.
Nick Csorna, Pres iden t
11 71 Beac h Blvd.# I 08
Ph one-904-300 -75 49
Ema il -nick @a I ava let.co m
Th is ag re ement is en te red in to this / 11-1-day of [? h,' lllGq" i
Sta rt date: TBD
(This agreement is null and void if not signed by 5-1-16)
AG REED BY:
A I A Valet Parkjn g In c.
'20 16.
Al'dd-/Zu~ 1/J ·~rL@tflc.,
Title
4