Exh CATTACHMENT C
MARCH 28, 2005 COMMISSION MEETING
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request for a Usc-by-Exception (File UBE-2005-03) to allow Live
Entertainment for a comedy club and entertainment theatre in an
existing building (formerly the Atlantic Theatre) and also an-premise
consumption of Alcoholic Beverages, beer and wine on a developed site
within the Commercial General (CG) Zoning District.
SUBMITTED BY: Sonya Doerr, AICP ~~
Conununity Development Director
DATE: March 16, 2005
BACKGROUND: This request seeks approval of aUse-by-Exception to allow the former Atlantic
Theatre site to be used for a comedy club and a live entertainment venue.
The request also includes a provision to allow on-premise consumption of Alcoholic Beverages, beer and
wine. (Revisions to Chapter 3 of the City Code made in May of last year established new requirements for
a Use-by-Exception for on-premise consumption in all commercial districts. This Applicant held a valid
4-COP alcoholic beverage license for this property prior to the amended regulations, and the property is a
Licensed Premises as defined by Chapter 3 of the City Code.)
The Community Development Board considered this request at their March 15th meeting, and unanimously
recommended approval subject to the following conditions:
• The Applicant shall be responsible for assuring that Live Entertainment, as defined within Section 24-
17 of this Chapter, shall not occur, which may be reasonably foreseen to have objectionable operational
characteristics, particularly with respect to this property's close proximity to residential neighborhoods,
as such activities may result in deleterious impact upon property values and the quality of life in such
surrounding areas.
• Activities or events shall not include outdoor amplified music or other outdoor Live Entertainment.
• Live Entertainment activities or events shall not include performances, exhibits or contests that place a
dominant or primary theme on fighting, wrestling or any activity characterized or distinguished by an
emphasis on matter depicting sexually oriented or sexually related activities.
BUDGET: No budget issues.
RECOMMENDATION: Approval of Use-by-Exception (File UBE-2005-03) as requested subject to
above conditions. The Community Development Board considered this application at their March 15th
meeting and unanimously recommended approval, subject conditions as set forth herein, finding the .
proposed use consistent with the CG District and with Section 24-63 of the Land Development Regulations.
ATTACHMENTS: Community Development Board minutes, staff report and supporting information.
REVIEWED BY CITY MANAGER:
March 28, 2005 regular meeting