Item 3B - Use-By-Exception 303 Atlantic Blvd.CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM# 3B
APRIL 11, 2016
AGENDA ITEM:
SUBMITTED BY:
16-UBEX-41 (303 Atlantic Boulevard) ~
Jeremy Hubsch, Building and Zoning Director ( 11.
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: '--f'/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 I TEM # 38
APRIL II , 201 6
Request for use-by-exception as pe rmitted by Section 3-5, to allow o n -p remises
cons umption of alco holic beverages at a restaurant within th e Centra l Business
District at 303 Atlantic Boulevard.
303 Atlantic Boulevard
AI Mansur
March 8, 2016
JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR
The a ppli ca nt is AI Ma ns ur, owner of Al's Pi zza, which is located at 303 Atlantic Bo ulevard. Th e
property is loc ated in the Centra l Business Di strict (CBD) zo nin g district. Mr. Ma ns ur is in the process of
designing a renovation and ex pa n sion of hi s ex isting re sta urant. Part of the expans ion will be the
addition of add itio n a l seats, which wi ll e na bl e the resta u rant t o b e li censed by the State of Florida for
full a lcoh ol servi ce. The a ppli cant is required to obtain a Use-By-Exception per Section 3-5 of the City
Code which sta t es, '1The sa le of a ny a lco holi c beverages for on-premise co ns umpti o n, including bee r,
wine a nd liquor s ha ll be properly li censed by t he City of Atlantic Beach, a nd s ha ll be limite d onl y to
restaurants, cafes, bars a nd private clubs wit hi n commercia l ge neral an d co mm ercia l limited zo nin g
districts o r the centra l bu siness district in co mpli a nc e with chapte r 24 of th e city co d e a nd subject to
ap prova l of a use-by-exception in accord a nce with section 24-63."
There are several nearby resta urants in the Atlanti c Beach po rtion of the Beaches Town Center that
have fu ll a lcoho l service, includin g Po e's, Rag tim e, a nd Ocean 60. In order to ex pand t h e ex isting
r estaura n t, the appli ca nt will have to provide ad dition a l parking. The a ppli ca nt is seekin g to provide the
requ ired pa rkin g offsite through a s ha red parking ag r eement. The s hared parking agreement has been
s ubmitte d to the city, but n eeds a zo ning variance due to the di s t ance fro m the s ite. The zo ni ng varia nce
will be a p p roved or denied at the March zznd COB meeti n g.
AGENDA ITEM# 3B
APRIL 11, 2016
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. 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 of this Use-by-Exception is consistentwith 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 notin compliance with the requirements of Section 24-
63, Zoning, Subdivision and Land Development Regulations.
3. The requested use is not consistent with Section 24-114(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 of 2
APPLICATION FOR A USE-BY -EXCEPTION
City of Atlnntic Bench · 800 Seminole Rond · Atlnntic Bench, F lo1·idn 32233-5445
Phone: (904) 247-5826 · FAX (904) 247-5845 · bttp://www.conb.us
AGENDA ITE M# 3B
APRIL II , 2016
Dnte _..:....F..:e.:.::;b.:...;ru::.::a::.::r..Lv_1:...:5:;.L,..:2~0;....;1:....:6'---Fllc No. __________ Rece ipt ----------
J . Applicnnt's Nnmc _,!...A.!!.I..!.M=a!..!n.l::.s.l::.u!-r ---------------------------
2. AJ>Illicant's Address 303 Atlantic Boulevard. Atlantic Beach, FL 32233
3. Property L ocation 303 Atlantic Boulevard, Atlantic Beach, FL 32233
4. Prope1·ty Ap1n·nisc1'1S Rcnl Estnte Number 169729-0000 Blocl' No. 1 Lot No. 2.4 .6
S. C ul'l'cnt Zoning C ln sslficntion CBO 6. Compl'chens ivc Plnn Future Lnnd Usc desig na t ion ----
7. Requested Usc-by-Exception Requ est approval for full alcohol service . Restaurant currently serves
beer and wine only.
8. S izcofPnrccl 150' X 109.32' 9. Utility Provider __;;J...=E::;.A,;,..... _________ _
10. Statement of fncts and special re nso ns for the 1·equestcd Usc-by-Exception, which demons h ·atcs complinncc with
Seclion 24-63 of the C ity of Athmtic Bench C ode of Ordinances, Zo ning And S ubdivis ion R egulations. Attnch ns
Exhibit A. (T he attached g uide rn ny be usecl if deslrecl. Plense ndde·css each item, ns npproprlntc to this reques t.)
11. Provide nil of the foiJowing lnfo1·mntlon . (All information must be provided be fo1 ·c an npplicntion is sche duled fo1· nny
public henring.)
n. Site Plnn s howing the location of nil s tructtu·cs, tempOI'I\I'Y nnd permanent, including setbncks, building height,
numbe1· of s tol'les a nd square fo otage, hnpcJ·vious s urface nrcn, nnd existing and/or proposed d1·ivcwnys.
identify any existing s tructures and uses.
b. Proof of own ers hip (deed o1· ccl'tificnte by lawyer or abstrnct co mpAny Ol' title compnny that verifies reco1·d
owner a s nbove). If the ll !lflli cn nt Is not the ownc1·, n lette r of autho rization from the ownc1·(s) for nppllcnnt to
I'CP I'Cs ent the owner fo1· all p111·poses related to this nppllcntlon must be provided.
c. S urvey and lcgnl dcsct•iption of pro pot·Cy so ught to be rezo ne d. (Attach as Exhibit B.)
d. Required number of copies. (Two (2) copies of nil d ocuments that nrc not hngcr than J 1 x 17 Inches In s ize. II'
plnns oa· photogi'Rphs, or colo•· nttnchme nts AI'C s ubmitted, please provide eight (8) copies of these.)
c. Appllcntion Fcc ($250.00)
I HEREBY CERTJii'Y THAT ALL lNFOltM ATION PROVIDED WITH THIS APP L ICATION IS CORRECT:
Signature of owocl'(s) o1· nuthol'izcd pe1 ·son If owJiet''s nutho1·lzntion form Is nttachccl:
owner aut horization form is attached
A DDJU:SS ANI> CON TACT INFORMATION OF P ERSON TO R ECEIVE ALL CORRESPONDENCE REGA RDING THIS
A PI'LI CATION Nnme: _..:....A;:..I __,Mc.:.=a~n:::::S.::U~r -----------------------
Mailing Address: ---'3"'"'0"'-'3~Awtl.lda ..... nt....,jc.......,.B~o~u~leuv.~o~~a~rd...,,..LA.utJJolau..nwti~c ..... B...,.e..,.a,.c""'h"'"' .._E_L_,3 .. 2 .. 2_3""'3 ________ _
Phoue: 904 5376969 FAX: __________ E-mn ll: almansur65@gmail.con
EXHIBIT A
AGENDA ITEM# 3B
APRIL 11, 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 your specific application.
1. Ingress and egress to property and proposed Structures thereon with paiticula1· 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 in (1) above.
No change from existing restaurant
3. The potential for any adverse impacts to adjoining prope1ties 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 pa1ticular 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 Adve1tising, 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 prope1ty in the surrounding 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: Currently Al's Pizza serves beer and wine only.
The proposed renovation of the existing structure Will 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 Atlantic Beach
800 Seminole Road
Atlantic B each, FL 32233-5445
Owner: Shirley Junk
915 N. 13th Street
Jacksonville Beach, FL 3 225 0
Application for a Use-By-Exception
To Whom it May Concern:
This letter is written to authorize Mr. Al Man sW'e to act as Agent on behalf of the aforesaid
Owner in connection with the referenced Application for a Use-By-Exception for propetty
lo cated a t 303 Atlantic Blvd., Atlantic Beach, FL 32233.
Date: ~/ 11//G
The foregoing authorization was subscribed before me this L2._ day of February, 20 16, by
Sh irley Junk, personally known.
AGENDA ITEM #3B
APRIL 11, 2016
303 Atlantic Boulevard, Atlantic Beaach, Florida 32233
February 18, 2 016
Jeremy Hubsch
Bu ilding a n d Zoning Director
City of Atlanti c Be ach
800 Se minole Ro a d
Atla n t ic Beach, Florida 32233
AGEN DA ITEM# 38
APRI L ll , 20J6
Enclosed p lease find the fo ll owing doc u ments r e lated to the proposed r e n ovation of th e
exi s t ing Al's Pizza lo cation:
1. Executed App li cation for Us e By Exception w ith le tte r of a uthorization
2. Executed Sh ared Pa rking Ag ree me nt with Beaches Town Center Agency
3. Exec ute d Va let Parking Ag r eem e nt with AJA Va let
I belie ve the attached docume nts comp lete t h e li st of items w e di scu ssed in our mee t in g of
February 11,2016. Pl ease co ntac t me i f you h ave any additiona l comme nts or ques tion s.
Sincerely,
AI Mansur
!!1mansur65@~majl.com
L 0 f l
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SHARED PARKING AGREEMENT
AGENDA ITEM# 3B
APRIL 11, 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
At's Pizza Inc.. (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 Ibursday 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 "A"
Access to the shared spaces will be provided to Lessee's customers and employees via an 11 on demand 11 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 Boulevard
ATLANTIC BEACH, FL 322aa
IN WITNESS WHEREOF, ecuted this Agreement as of the date first above written.
~-----\-
LESSOR SIGNATURE:--."=---=---~------DATE ()2.-/1-Jh
PRINT NAME: _......;;;J.;;;.a'""'"""~;=::::;;::::.::=~"'"""''------TITLE: _ ......... P .... re_sl_de-.n-..t_~-~--
LESSEE SIGNATURE: --.t.~.L::~U:~=::::::_ ______ DATE 2/1 il;,:
PRINT NAME: ....ci.L.Il!JLCIJ..Ii;aw.. ___________ TITLE: __..,~P;;.a.r'"'esi:u:idwe:unu..t ______ _
14 spaces ava il able 24/7
EXHIBIT '"A"
"shared spaces'"
AGENDA ITEM # 3 6
APRIL II , 20J 6
60 spaces avai lab le 24/7 exce pt Sun day before 2pm and Wednesday after 6pm. 120 add iti onal spaces availab le Tue sday ,
Thursday, Frid ay and Saturd ay after 4 pm and Su nday after 2p111 .
Al 's P izza
Al's Pizza
Mr . AI Mans ur
303 Atlantic Blvd .
At lanti c Beac h, FL 32233
AGENDA ITE M I# 38
APRIL J I, 2016
AGREEMENT/CONTRACT TO PROVID E VALET SE RVI CE FOR AL 'S PIZZA.
Number of Valets Houl's
JIAM-3PM ; 5PM-IIPM
'OJ ( 0 ,\0/T/l S
A I A Valet ag rees to provide va let serv ices for the above lis ted day s and t im es . It is
understood by all parties th at operations may fini sh early de pendin g o n custo me r volume
on an y parti cul ar day, there fore th e numb er of attendants or hou rs ma y be redu ce d on ly
after permis sion from Al 's Pi zza mana ge ment. It is also understood that Al's Pi zza may
need addition a l days durin g th e it· grand opening.
UNIFORMS AND F./t1PL01'£E TRA I NING
A A
,.
A
Depending on th e seaso n, the staff of A I A Va let will be dres sed in one of the fo ll ow in g
unifo rms:
I . Black pants, A I A Valet logo s hirt and bla ck A I A Val et logo j acket.
2. Black s horts, A I A Val et lo go s hirl.
A I A Val et sta ff is required to keep a profess ional appearance. Al l sta ff me mb ers wi ll
ma in tai n a s mok e and dru g free environment. A I A Va le t e mpl oyees are required to attend
both in c lass an d ons it e tra inin g before bein g assigned to any ve nu e pos iti on.
L(Jl/J', IE/\ J I IJ .\l /'1~1 .: '
A I A Valet will s upply it s employees wi th a ll equipm ent needed to perform service s in a
pmfess io nal and e ffi cient mann er. These suppli es includ e, but are not limited to, k ey
pod ium s, s igna ge, unifor ms and in su ranc e.
.,
Al's Pizza
, \ l 1 n ( ( I ( ' ) I /• H I (, > I I
AGENDA ITEM # 38
APR I L 11 ,2016
Liability Insurance: A 1 A Valet wi ll ma intain a garage ke eper's in sur ance policy w ith an
additional ge neral liability policy. Thi s covers a ll ve hicles in our po ssess ion and damage
to property we are operating on. Thi s cove rage also cove rs anybody on the prem ises tha t
is injur ed by the neg li ge nce of one of our em ployees. Ac tual lega l limits are covered in th e
ce rtific ates of in s urance, which will be provided upon acce ptance of co ntra ct.
Workman 's Compensation : A I A Valet w il l maint a in durin g the ter m of this ag reeme nt
workman 's co mp ensat ion insurance on a ll of irs emp loyees in acco rd ance with the laws of
Florida .
General Liability: A I A Valet sha ll be re spons ible and fully lia ble for any and a ll
liabilit ies and or dama ges caused by th e ac ti on, ina ction or willful acts of it s e mpl oyees or
agents whi le operating th e va let se rvic e for Al's Pi zza at 303 At lant ic Blvd , Atlan tic
Beach, FL 32233. AlA Va let shall indemnify, defend and ho ld At's Pizza harmle ss from
any and all wi ll ful mi sco ndu ct of it s empl oyees or agents.
A I A Va le t accepts li a bility for any damage done to any s tru cture or vehic le by it s
emp loyees or age nts at Al's Pizza. AlA Valet also accep ts liabi lity for any injury
s ustained to a perso n or pe rso ns by it s empl oyees and agents whil e ope ratin g at Al's
Pizza . A I A Va let will not acce pt liabilit y for any dam age caused by acts of Go d.
Futth ermo re , A I A Valet wi II not accept li a bility for injury or damage susta in ed as a resu lt
o f faulty brakes or im prope rl y maintained ca rs. A I A Va let will not be he ld liabl e for any
items, which are left in a vehicle. AlA Val et w ill not be he ld liabl e for any a utomobil e
whi ch is sto len und er any circum stanc es nor wi ll A I A Va let be held liab le for any damage
ca use d by a third party exce pt as a resu lt of ou r own neg lige nce. A I A Valet will not be
held liabl e for dama ges res ulting from a hit a nd nm acc id ent. A I A Valet accep ts li ab ilit y
for damages due to o ur neg lige nce only. Any cla im for adjust me nt must be mad e befo re
the veh ic le leaves the po ssess ion of the employees or agents o f AI A Va let Park in g Inc .
J Ill G I 0 T US£
AlA Valet will add A l's Pi zza to their current list of resta urant s providing valid ation s for
guests. The stag in g area for valet parkin g is lo ca ted at II 0 N l st St , Neptune Beach , FL
32266. Guests visiti ng Al 's Pi zza will be directed to th e va let s ta gi ng a r·ea by the use of
tempora ry directiona l s ign age.
·.~nRc, :~VCJ' ( ONI ICI
The on ca ll phon e number of A I A Valet's man age r will be prov id ed for a ll
co rres pond enc e an d problem reso luti on.
If l!A I'll t.'H ( ONOJT 01\.~
A I A Valet will prov id e service on agreed day s and tim es regard less o f weat her con diti ons
un less the y cre ate a haza rd to empl oyees or d ut ies perform ed. AJ A Vale t manage ment
wil l be in co nt ac t withAl's Piz za Man age me nt to further di sc uss prese nt s ituation .
2
At's Pizza
The cost of thi s se rvic e will be billed at $13.50 per man hour.
*NOT E: In th e case of additional hours, not li sted above, due to a private event or large
pa rty that req uires ext ra staffing , Al 's Pi zza w ill be charged $13.50 per ma n hou r for
additional empl oyees.
1 , · /c 1 I lt :, 1 f
AGE NDA ITEM N 38
APRIL 11 ,2016
A I A Valet will invoice AI 's Pi zz a once a month . All in voices are due 30 days fro m the
in voice date. In the un likely event of non-payment (over 90 duys past due) of an inv oic e or
invoice s t hen it will be turn ed over for col lectio n. It is a lso und ers tood that Al 's Piz za will
be respo nsibl e for al l reasonab le attorn ey fees associate d wi th tr yin g to co ll ect a ny and al l
past du e money owed by the same to A I A Vale t Pat·king In c. Fu rth e rm ore, it is
unde rstood by all par·ti es that they will ab id e by an y dec isio n of a judge, jury or arb itrator
regard in g any and all lega l matters assoc iated with thi s cont ra ct.
l J H ~ 1( T r r II
Thi s co ntract will be in e ffect for a period of one yea r from the start date specified. It wi ll
automatica ll y renew unle ss a writte n cance ll atio n is submitted 30 days before th e ter·m of
the contract is up . Afte r th e one-year term , e ithe r· party may ca nce l thi s ag reeme nt by
prov idi ng th e oth er part y 30 day s ' not ice in wt·itin g.
3
A l's Pizza
/1 '• 4 .~. J I I
AGENDA ITEM #31l
APRIL II , 2016
All noti ces mu st be provided in "vriting v ia U.S . mail , certified, re lurn r·ece ipt reques ted or
overnight de li very to:
AJ's Pizza
Mr . A I Mansur
303 At lanti c Blvd.
Atlantic Beach , FL 32233
Phone-904-537-6969
Email-Al@alspizza.com
A I A Valet Parking In c.
Nick Cso rna , President
I 171 Beach Blvd . #108
Phone-904-300-7549
Email-nick@a I ava let.c om
This agreement is entered into thi s / 1 fl, day of [? bl' 1/1 &. ( -1 • 2016.
Start date: TBD
(This agreement is null and void ifnot signed by 5-1-16)
AGREED BY:
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Title
4