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Exh 8DAGENDA ITEM #8D MARCH 28, 2005 Draft A~finutes of the March I S, .2005 meeting of the Community Development Board (5) feet to allow for the construction of a detached two-story garage on property within the RS-2 Zoning District located at 1515 Beach Avenue. ., Greg Saig, 102 North Street stated that would like a variance granted to construct a detached garage. Mr. Saig also stated that he felt that if the variance was granted his detached garage would fit within the motif of Atlantic Beach. Mr. Jacobson asked Mr. Saig if he would consider moving the proposed detached garage 30 feet eastward. Mr. Saig replied that if he did that he would feel that his detached garage would not fit with the charm on Beach Avenue. Mr. Burkhart stated that he did not see any hardship in constructing the detached garage to comply with the setback regulations. Public Comment. wren Perrin, 1502 Beach Avenue stated that she is opposed to any variance for the property. Ms. Perrin also stated that she felt that if the variance was granted, the detached garage would cut out breezes and sunrises. Ms. Perrin also stated that this would be a safety hazard, since moving the detached garage would mean moving the driveway closer to the street; backing out of the driveway would be very difficult. May Jones, 126 15th Street, also spoke in opposition of the variance request. Ms. Jones concurred with Ms. Perrin's statements. Public Comment closed. A motion was made by Mr. Jacobson to deny the variance request, seconded by Mr. Jenkins. The Motion to deny unanimously carried. .~., B. UBE-2005-03, O.U.R. Properties, Inc. Request for aUse-by-Exception to allow Live Entertainment for a comedy club and entertainment theatre in an existing building (formerly the Atlantic Theatre) and also on-premise consumption of Alcoholic Beverages, beer and wine on a developed site within the Commercial General (CG) Zoning District and located at 751 Atlantic Boulevard. Glenn Trotter, 1631 Indian Springs Road, representing the property owner, stated that he was requesting this Use-by-Exception to put a comedy club in a portion of the building. Mr. Trotter stated that the building is 3500 square feet, and his intention is to have the comedy club operating by May of 2405. There is only one other comedy club in Jacksonville at this time and it is located in Mandarin. Mr. Burkhart opened the floor for public comment. Seeing no one who wished to speak to this issue, Mr. Burkhart closed the floor for public comment. 2 AGENDA ITEM #8D MARCH 28, 2005 Draft Minuses of the March 15, 20D5 meeting of the Cornmuniry Development Board Ms. Doerr stated that three conditions have been recommended by staff, and the applicant has no objection to these conditions as follows: • 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. Mr. Jenkins asked Ms. Doerr what the City's recourse of action would be if the applicant did not comply with these conditions. Ms. Doerr stated that this would become subject to Code Enforcement action, and the Use-by-Exception and the business license could be revoked. A motion vas made by Mr. Jacobson, seconded by Ms. Drysdale, and unanimously carried to recommend approval to the City Commission of the Use-by-Exception as requested, with conditions as stated by Ms. Doerr `vthin the application. C. UBE-2005-04, Rick's Used Cars, Inc. Request for aUse-by-Exception to allow for redevelopment of a property within uses to permit the sale of used automobiles and automotive repair within the Commercial General (CG) Zoning District and located at 1919 Mayport Road. Rick Frazier, 2602 Lois Lane stated that he may never develop the property, but if he did he would build a nice looking building, a lot nicer than the current car lots on Mayport Road. Mr. Frazier also stated that the only repairs that will take place would be on the inventory. There will be no outside repairs done. Mr. Jenkins asked Mr. Frazier if he would be willing to change is request to not include repairs. Mr. Frazier replied that outside repairs would never be done. Ms. Dry dale asked Mr. Frazier what types of repairs are done. Mr. Frazier stated that mostly installing new~brakes, tires, changing oil, and alternators. Mr. Jacobson asked Mr. Frazier what kind of sign would he have on the property. Mr. Frazier stated that he wasn't sure at this time, but whatever it would be in compliance with the city code. 3 AGENDA ITEM #8D MARCH 28, 2005 Agenda Item S.b. ~ ~, ~- ~ l . ~., ~, . „~ ~' ', ~. ~ '~~^J;31~'' COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT March I5, 2005 Public Nearing Use-by-Exception, O.U.R. Properties, Inc. (File No. UBE-2005-03) To: ' ' From: Date: - Subject: Applicant: Requested Change: Community Development Board Planning, Zoning and Community Development Department March 04, 2005 UBE-2005-03 OUR Properties, Inc. 2275 Atlantic Boulevard Neptune Beach, Florida 32266 Request for aUse-by-Exception to allow Live Entertainment for a comedy club and entertainment theatre in an existing building (formerly the Atlantic Theatre) and also on-premise consumption of Alcoholic Beverages, beer and wine on a developed site within the Commercial General (CG) Zoning District. Location: 751 Atlantic Boulevard Surrounding Zoning: CG and RG-2 Surrounding Land Use: Various commercial and multi-family residential uses. AGENDA ITTNI #8D MARCH 28, 2005 STAFF COMMENTS AND RECOMMENDATION 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 aUse-by-Exception for on-premise consumption in all commercial districts. This Applicant had 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. Staffhas no objection to this portion of the request, but since the premises aze not currently in operation, it is recommended that this Use-by-Exception also address this issue as part ~of the request. Section 24-111 (c) (13), reproduced below, allows for businesses that offer certain forms of Live Entertainment to beconsidered as aUse-by-Exception within the Commercial General Zoning District. Section 24-111 (c) (13) Businesses offering Live Entertainment, not including adult entertainment establishments as defined by Chapter 847. D01 (2), Florida Statutes, and also not including amusement centers and video game arcades and any.type of token orcoin-operated video or arcade games, and billiard and pool halls. The Atlantic Theatre building has been undergoing significant interior renovations over the past year. These renovations meet all applicable building codes and permitting requirements for the proposed use, which has an occupancy capacity of approximately 425 persons. (The owner was advised during the •renovation process that approval of aUse-by-Exception would be required for the proposed new use.) The subject property has always existed as a theatre or other type of entertainment use since constructed in 1964. The site has adequate parking and access, and Staff finds that the requested use is generally consistent with the Commercial General district, subject to conditions that limit the type of activity and entertainment to that which is appropriate to the character of the City of Atlantic Beach and other immediately surrounding businesses and neighborhoods. Staff does not have a concern related to adult entertainment, as strictly defined by State law, in that such .establishments are prohibited within the City ofAtlantic Beach. (...and the Applicant certainly has not requested or suggested any such use.) Because entertainment acts are typically scheduled by outside booking agents who may not be familiar with the predominantly residential and family character of Atlantic Beach, Staff recommends a condition binding this applicant to assurances that no events or activities would be booked for this property, which would be in conflict with Section 13-6 and Section 13-7 of the City Code, or otherwise in conflict with Policy A.1.11.1(b) of the Comprehensive Plan, which describes appropriate General Commercial activities as follows: General Commercial. These areas shall include those businesses that provide retail goods and services, which serve the routine and daily needs ofresidents, including banks and professional services, grocer y arzd convenience stores, restaurants, accreditedpublic 2 AGENDA ITEM #8D MARCH 28, 200 ' ~ and private schools and child care, but not including manufacturing, warehousing, . sta•age or high intensity commercial activities of a regional nature, or uses that have the potential for negative impact to surrounding properties due to excessive noise, light or extremely late hours of operation.... Subject to the proposed conditions, or similar and additional conditions the Community Development Board may deem appropriate, Staff recommends approval of the request. - ~ ~.~..~s~-r^- 'SUGGESTED ACTION TO RECOMNTEND APPROVAL _ j~,,,~aaQ„Q~ ~- The Community Development Board may consider a motion to recommend approval to the City Commission of this Use-by-Exception allowing Live Entertainment for a comedy club and entertainment theatre, and also on-premise consumption of Alcoholic Beverages, beer and wine in ' ' an existing building (formerly the Atlantic Theatre) on a developed site within the Commercial .. General (CG) Zoning District and located at 751 Atlantic Boulevard, subject to the following conditions: (Provide f ndings of fact similar to the following, and attach conditions as may be appropriate.) • 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 Livc 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. and further providing for the following~ndings of fact: 1. Approval of this Use-by-Exception is incompliance with the requirements of Section 24-63, Zoning and Subdivision and Land Development Regulations for the City of Atlantic Beach and also Section 24-111, the Commercial General District Regulations. 2. The request is not contrary to public interest and is not detrimental to the health, safety and welfare of general public. 3. The proposed use is compatible with adjacent properties and other properties within the surrounding area. 3 AGENDA ITEM #8D MARCH 28, 2005 ' ' 4. The proposed use is not in conflict with the City's Comprehensive Plan and is consistent with the . Commercial Future Land Use designation. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City ' ~ Commission of this Use-by-Exception, which would allow Live Entertainment for a comedy club and entertainment theatre, and also on-gremise consumption of Alcoholic Beverages, beer and wine in an existing building (formerly the Atlantic Theatre) on a developed site within the Commercial General (CG) Zoning District and located at 751 Atlantic Boulevard, provided: (Provide findings of fact similar to the following:) ' ' 1. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63, .. Zoning and Subdivision and Land Development Regulations for the City of Atlantic Beach and/or Section 24-111, the Commercial Limited District Regulations because 2. The request is contrary to public interest and may be detrimental to the health, safety and welfare of general public because 3. The proposed use is not compatible with adjacent properties and other properties within the surrounding area because ' ' 4. The proposed use is in conflict with the City's Comprehensive Plan and is not consistent with the Commercial Future Land Use designation because H:IPLANNINGIUSE-BY-EXCEPTION FLLESIUBE-2005-03 (OUR Properties)1CDB Staff Report.doc 4 1v~,aN vu~uu~ JAXGIS Prnnnr+,, t.,f,,........ir__ ~http://maps. coj . net/WEB SITE/_puvalMAps/toolbar. asp Yaffe ! of 1 AGENDA ITEM #8D MARCH 28, 2005 3/4/2005 Date A~'P~ICATZOI~ ~'OR A USA-~Y-~ City of Atlantic Beach 80D Seminole Road • Atlantic Bea Phone: (904) Z47-5500 FA~+' (904) Z47-5805 http://ww~ U Z~/U~dS File No. L(/~~'ZOy5~03 r7u:. ~ rl 1. Applica 's Name ~-r~ Z. Applica 's Ad'dress' ~ ` ~ O.U.R. Pro' 2275 Atlantic~Bivcl, Inc. AGENDA ITEbI #8D MARCH 28, 2005 REC ~~i7L~Ci(NGA~ ZO NNGGti 'lorida 32233-5445 atlantic-~C3."d. -C7 2U0~ 3 ZZlp 3. Property Loc(a~ron 751 Atlantic Blvd., Atlantic. Beach, Fl 32233 ~:r 4. Proper ' ~a~'ser's Rea~`Lr5'fa"C~ 'umber 177645 0000 Block No. Lot No. 5. Current Zoning Classification CG 6. Comprehensive Plan Future Land Use designation CG 7. Requested Use-by-Exception Canedy Club & E~tertairunent Theater D»- pr-~w,,s~ Gavt,~K~"'~A~'i't''^ ~ r41co1~olr~ f~rva r.c,r~,~s 8. Size, of Parce] See attached suryev 9. Utility Provider JEA 10. Statement of facts and special reasons for requested Use-by-Exception, which demonstrates compliance vr~ith Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A. (The attached guide maybe used if desire. Please address each item, as appropriate to this request.) 11. Provide all of the follov~ing information: ~ ~ ~- a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height, number of stories and square footage, impervious surface area, and existing andlor proposed driveways. Identify any existing structures and uses. • b.' Proof of oR~nership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). 'If the applicant is not the ov~ner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. • c. Sun~ey and legal description of property sought to be rezoned: (Attach as Exhibit B.) d. Required number of copies: Four (4), except where original plans, photographs or documents larger than . 11x17 inches are submitted. Please provide eight (8) copies of any such original documents. e. Application Fee (5250.00) ~ • 1 HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature'of owner(s) or authorized person~if owner's authorization form is attached: Printed or typed name(s): Chris Hion ~ des, Presi t ' . ~"\ .Signature(s):. ' ADDRESS AND CONTACT INFORMATION OF PERSON TO RECENE ALL CORRESPONDENCE . REGARDING THIS APPLICATION ~) ~ Name• Glen Trotter ~ Mailing Address: 2275 Atlantic Blvd., Neptune Beach, FL 327.66 ~ • Phone: 24~-1922 FAX: 241-1826 E-mail: GTRGTTER@Surfacetechnola ' ~ CorD . Coot AGENDA ITEM #8D MARCH 28, 2005 EII~IT A The review of an application for aUse-by-Exception shall consider the following items. Please address each of the following as applicable to your specific application. 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 fire or catastrophe. Existing in place driving surfaces allow exit/entry to the property from 3 directions: East via a ccgrnnon drive; south via Atlantic Blvd; and, West via 2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above. Ex~.sting parking - 169+ Handicapped spaces. Suitable loading spaces exist on the North, Sourth.and West of building elevations without interruption to ingress/egree noted in 1, above. 3. The potential far any adverse impacts to adjoining properties and properties generally~in the area resulting • from excessive noise, glare and lighting, odar, traffic and similar. characteristics of the•TJse-by-Exception being requested. Proposed use is consistant with adjacent .businesses (i.e., Resturants w/adult . ~ beverage sales (4) on premises: Retail liauor•sales for off-premises also). 4. Refuse, trash collection and service areas,with particular reference to items (1) and (2) above; A designated and Greened location per City requirements shall be provided. Location to be determined. ~ ~ ~~ ~S. Utilities, with reference to locations, availability and compatibility; Utility services are adequate for existing and future facilities, xitcnenas permlttea. 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. North .property liner=seperates zoning CG frcan RH: • In addition, there is a t. a.gh wooden fence and a 2 ft. easement w/storm drain ditch. 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.) Existing signage and lighting is adequate for proposed use and is consistant with surrounding area. . 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. Existing zoning CG is•consistant with the comprehensive plan and proposed use is datable wlsurrounding businesses and property uses. Other information you may wish to provide: been an entertainment venue. has for a~ --.-- use is an 40 years the same venue. xoyal Ya.ims llrive . .. AGENDA ITEM #8D IDInN ;/~•1l, --• L,,, _ MARCH 28 2005 , S 8b'S. '•.7• [ wo u.. ~ iiQ 1 157,13'(p)(C1 wontw.a tx su IZ wul k • nlsK S 83 X7'27• w ror _ E '~ or wyL •S 83'SZ's8 E . Ia5.00'OEEi) 1a5 • 0:' roum ~ ~ , ~~ COMPC)7~ I•. I `~ ~ MO w. ~ I. .~ .' ~;• ~••~ '~ ..~• .Prrr ~ ' Tom,-21.E0"•' ~'1•T~ .. . Y • L:I -ter ' _.. r D [jb. ; - r • ~a ." U WI••• • '. • . O D . o, L•Y V K70' O f . 1 ri i 0 n •+ ~ • j ST ~ • 1 ~•a~+! S W • C ~1.. • SNCLO MBwG m . ~ . O _ ..~ ' o i; l y2 S~o.uej, ~ !~ V~~ N yl ~p CQ O W m• ~ _ . • , • N PARCEL 2 U P O z- _ y.i r, rl o IILO? • 2 1 ' ~ • ~.• •~ T .. ~ ~ •~ ?~rOS• ~ ~ ; :• ou e a (v~Cc~ ' ~ i.nss .. ~ ' . o , • • ~• ' ~ i • ~ - .Iay~9Q0 p . EED. t mslc f CC , ~7Fp . ~ ~' ` • ~ ~ ~ ~ . i.07r 7.eP 1 ~)~C~ to0p wmD~.e . ~ ) ', 1 w.~ r st7 M:a ~ 5 89'73'SD• ;w. Id5.1 ~ nxc) s>;r x i oai•.' . ~ . Dniwasr' Drat ,'•' Litlou. •t ' r e p R~Y. 3148 Pd GP 100 ~ • " ~r :~ .. ". _ xz •, .• ~ •oo .y, • ~ • , NVI ' N~ ' 'Z i Op 2 w ' 1. = ~• o ~ °'" O~~ . _. ,~ • 4N• C : O j •O. nom ~O ~ . ~ j Cp i 0.,. MO W. ' C.O1. ~- . s e9.26pa•W ISa.srca+rurm., ^._ ~ rowo _ :~TL.4IVTIC (100 ;X 'Tye BO ULEI?4RD ~ . AGENDA ITEM MARCH 28, 20 OWNER'S AUTHORIZATION FOR AGENT ~ ~ i Glen Trotter ~ is hereby authorized to act on behalf of O.U.R. Properties, znc. ,the owner(s) of those lands described within the attached application, and as described• in the. attached deed or other such proof of ownership as may be required, in applying ~to the City • of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to a: . ^ Zoning Variance ^ Appeal © Use-by-Exception ^. Fence or Pool Permit. ^ Rezon.ing ^ Sign Permit ^ Plat or Replat~ ~ ^ Other Signature of Owner Chris Hianides, President Print Name Signature of Owner .~ Print Name (904) 241-1501 Telephone Number State of Florida County of Duval . Signed and sworn beforc me on this -~~~!~/ -day of; L 2005. - ~ ~ . . Identification verified: ' o A- l ~~uD~v1~ Oath sworn: Yes / f No No Si true My Commission expires: "~4~~'y~'•{',;__ MYC(?MMlSSION# DDil24i~ EXPIRES °~ t~fi~' ~ ;; ~y 25, 2oob '~;`t :: ~8D )5