Exh 8AAGENDA ITEM #8A
AUGUST 8, 2005
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request for aUse-by-Exception to allow for the on-premise consumption of
beer and wine in association with a sports bar and grill and game room
within the Commercial Limited (CL) Zoning District located at 1487
Mayport Road, Units 1-4 within the Mayport Square Shopping Center.
SUBMITTED BY: Sonya Doerr, AICP ,O~
Community Development Director
DATE: July 26, 2005
BACKGROUND: This request seeks approval of aUse-by-Exception to allow for the on-
premise consumption of beer and wine in association with a business, which the applicant
describes as an upscale sports bar and grill and game room in an existing commercial space
located within the redeveloped Mayport Square shopping center. Section 3-5 Chapter 3 of the
City's Municipal Code establishes regulations related to Alcoholic Beverages, and Section 3-5
requires approval of aUse-by-Exception for the sale of beer and wine for on-premise consumption
in the Commercial Limited Zoning District.
The Community Development Board considered this request at their July 19th meeting, and
following comments from the applicant related to the nature of the business, recommended denial
of the requested Use-by-Exception.
Prior to the Community Development Board meeting, Staff had advised the Applicant, that in the
case that the Use-by-Exception was approved, business activities must be maintained as primarily
a restaurant and bar use limited to beer and wine service only. Billiard and pool halls, and video
game arcades are not a Permitted Use within the Commercial Limited Zoning District; as such the
restaurant must be the Principal Use of the business location. During the meeting, however, the
operator of the proposed business described the business as primarily a game room with dart
tournaments and pool tables, but with limited food service.
Chapter 24 defines a Restaurant as follows: Restaura~:t shall mean any establishment where food
is prepared or served for consumption on or off the premises or within an enclosed business or
Building.
The CD Board had no particular objection to the proposed business and recognized that the above
definition of Restaurant is broad. The CD Board also recognized the property owner's efforts in
contributing to the redevelopment of this area of Mayport Road. However, after comments from
the Applicant and the anticipated tenant describing the business as primarily a game and billiards
room, the CD Board felt that the Land Development Regulations did not give them authority to
approve this request.
Sec. 24-63. Use-By-Exception.
The follotiving steps shall be required to request aUse-by-Exception. AUse-bv-Exception may be
approved only for those Uses and activities which are expressly identi ted as a possible Use b~
Exception within a particular Zoning District
AGENDA ITEM #8A
AUGUST 8, 2005
In order for the City Commission to consider approval of this request, the Applicant must commit
that the proposed use will be operated as primarily a restaurant. Otherwise, abilliards/pool hall is
not a permitted use within the Commercial Limited Zoning District. If the applicant demonstrates
an intent to operate the business in accordance with the City Zoning code, and upon finding by the
City Commission that the proposed business meets the definition of Restaurant, staff recommends
the following conditions be included in any motion to approve this Use-by-Exception.
• business activities must be maintained as primarily a restaurant and bar use limited to beer
and wine service only;
• Billiards or pool, and video game arcades shall not be come the dominant use at this
location;
• video poker, electronic gambling devices, or any type of coin operated gambling devices or
any other games of chance, regardless of how played, shall be prohibited.
BUDGET: No budget issues.
RECOMiVTENDATION: The Community Development Board recommended denial of the
requested Use-by-Exception, finding that as presented by the Applicant, the proposed business was
primarily a billiards and pool hall and not a restaurant, therefore not permitted within the CL
Zoning District.
ATTACHMENTS: Community Development Board staff report and supporting information.
REVIEWED BY CITY MANAGER:
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August 08, 2005 regular meeting
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AGENDA ITEM #8A
AUGUST 8, 2005
Draft rnintrtes of July 19, 2005 Community Development Board meeting
6. New Business.
a. UBE-2005-07, Charlie Logsdon /Ben and Kelly Erhayel on behalf of B Sz K
Property Management. Public hearing to consider a recommendation to the City
Commission related to a request for aUse-by-Exception to allow for the on-premise
consumption of beer and wine in association with a sports bar and grill and game room
within the Commercial Limited (CL) Zoning District at 1487 Mayport Road, Units 1-4
within the Mayport Square Shopping Center.
Kelly Erhayel, 8549 Arlington Expressway, Jacksonville, stated that she and her husband
were the developers of Mayport Square and would like to open arestaurant/bar, which
would be the anchor tenant for the shopping center.
Charlie Logsdon, 13384 Peace Road, Jacksonville, identified himself as the proposed tenant
and operator of the business. He stated that he owns Cecil's Bar and Grill in Arlington and
that it has been in business for 17 years. The proposed bar and grill will be an upscale place
that will have darts, billiards, and other games. Mr. Logsdon also said that he will plans to
serve a minimal amount of food, just 10% in order to comply with the smoking law that
allows businesses to operate with a smoking clientele.
Ms. Woods asked what the square footage of the space was, and Mr. Logsdon replied that
the size of the business would be 4000 square feet.
Ms. Woods asked what the hours of operation would be. Mr. Logsdon replied that the hours
would be 10:00am - 2:OOam, possibly fluctuating with how busy they are.
Ms. Woods asked if there would be bouncers checking ID. Mr. Logsdon replied that he
would have someone checking ID at all times. The clientele will be 18 years and over, and
only beer and wine will be served.
Mr. Frohwein stated that he was under the impression that this business was going to be
primarily a restaurant. But, if it is not a restaurant, he is not sure that the Board would be
able to approve this Use-by-Exception, sine the business they seem to be describing is not
listed in the Code as a possible Use-by-Exception. Ms. Doerr stated that she also
understood that the primary business would be a restaurant, and not a bar or billiards and
pool hall.
Mr. Frohwein stated that if the business could not be defined as a restaurant, then there
would not be authority to grant aUse-by-Exception. Ms. Doerr confirmed that the
establishment would have to be defined as a restaurant in order for the board to grant aUse-
by-Exception in the Commercial Limited Zoning District.
Ms. Woods asked if there was a zoning district that would allow the establishment to serve
beer and wine and just 10% of food, Ms. Doerr replied that in a Commercial General
District that could be done, with approval of aUse-by-Exception as a business for on-
premise consumption of alcoholic beverages.
Mr. Frohwein asked the City Attorney for a clarification on the definition of restaurant. Mr.
Jensen compared the proposed site to Lynch's Irish Pub in Jacksonville Beach, which is kept
at 10% food to allow patrons to smoke.
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Draft minutes of July 19, 2005 Community Development Board meeting
AGENDA ITEM #8A
AUGUST 8, 2005
Ms. Woods stated that she was encouraged by what the Applicants have done with the
redevelopment of the Mayport Square shopping center.
Mr. MacInnes stated that he did not have a problem with the establishment, as proposed
being defined as a restaurant with only 10% of sales being food.
Ms. Drysdale stated that staff has indicated in the staff report that the principal business will
be the restaurant.
Ms. Doerr also stated that staff has worked with the applicant before, and she has suggested
three conditions within the staff report if a motion was made to recommend approval of this
request. Ms. Doerr reminded the Board the CD Board's actions are governed by City laws,
and that the CL district regulations state that Permitted Uses shall not include "amusement
centers and video game arcades and any type of token or coin-operated video or arcade
games, movie theaters, billiard and pool halls."
Mr. Frohwein stated that the Use-by-Exception provisions are very specific, and asked Ms.
Doerr for her interpretation. Ms. Doerr stated that Mr. Jacobson is correct; this property is
in the Commercial Limited district, and that only those uses specifically listed as a Use-by-
• Exception may be approved.
Mr. Frohwein stated that based on what the applicants had stated during tonight's meeting,
the proposed use seems to be more of a billiard hall than a restaurant.
Ms. Doerr read the following definition of restaurant from the Code. Restaurant shall mean
any establishment where food is prepared or served for consumption on or off the premises
or tivithin an enclosed business or Building. Ms. Doerr further stated that the Code's
• definition of restaurant is broad and does not address what percentage of sales must be food,
but advised that the CD Board should feel that it is reasonable to consider this business a
restaurant in order to recommend approval to the City Commission. Mr. Jacobson stated
that he liked the idea of this establishment, but felt the Board cannot be support approval of
a use that is not consistent with or allowed by the zoning laws, and expressed concern that
calling this business a restaurant was a stretch. Mr. Jacobson requested guidance from the
City Attorney. Mr. Jensen stated that the Board must follow the Code and interpret it where
necessary.
Mr. Frohwein stated that the City Code for Atlantic Beach clearly dictates that there will not
be billiards or pool halls in a CL zoning district and that this business sounds more like a
pool hall than a restaurant.
Ms. Drysdale made a motion recommending denial of the Usc-by-)Jxception because it
is not in compliance with the requirements of Section 24-63 of the Zoning and
• Subdivision and Land Development Regulations or with Section 24-110, the
Commercial Limited Zoning District regulations, because this type of use is specifically
excluded from that zoning district. The motion was seconded by Mr. Burkhart, and
• the motion to recommend denial carried unanimously.
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AGENDA ITEM #8A
AUGUST 8, 2005
AGENDA ITEM 6.b.
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COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
July 19, 2005 Public Hearing
Use-by-Exception, File No. UBE-2005-07
B & K Property Management and Development, Inc.
To: Community Development Board
From: Planning, Zoning and Community Development Department
Date: July 07, 2005
Subject: UBE-2005-07
Applicant: Charlie Logsdon /Ben and Kelly Erhayel
on behalf of B & K Property Management
8849 Arlington Expressway
Jacksonville, Florida 32211
Requested Change: Request for aUse-by-Exception to allow for on-premise consumption of
beer and wine (2-COP DABT license) in association with a sports bar and
grill and game room within the Commercial Limited (CL) Zoning
District.
Location: 1487 Mayport Road, Units 1-4 within the Mayport Square Shopping
Center
Surrounding Zoning: Commercial General (CG) and Commercial Limited (CL) and RS-1 to
the rear (east) of the site.
Surrounding Land Use: Various commercial uses along Mayport Road; residential to the east (rear)
of the property.
AGENDA ITEM #SA
AUGUST 8, 2005
STAFF COMMENTS AND RECOMMENDATION
This request seeks approval of a Usc-by-Exception to allow for the on-premise consumption of beer
and wine in association with a restaurant, which the applicant describes as an upscale sports bar and
grill and game room in an existing commercial space located within the redeveloped Mayport Square
shopping center. Section 3-5 Chapter 3 of the City's Municipal Code establishes regulations related
to Alcoholic Beverages, and Section 3-5 requires approval of aUse-by-Exception for the sale of beer
and wine for on-premise consumption in the Commercial Limited Zoning District.
Staff has advised the Applicant, that in the case that this Use-by-Exception is approved, business
activities must be maintained as primarily a restaurant and bar use limited to beer and wine service
only. Billiard and pool halls, and video game arcades are not a Permitted Use within the Commercial
Limited Zoning District; as such the restaurant must be the Principal Use of the business location.
.. Subject to the suggested conditions, staff has no objection to this request, in that on-premise
consumption of beer and wine is typical to the proposed restaurant /sport bars use.
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of this Usc-by-Exception to allow for on-premise consumption of beer and wine (2-
COP DART license) in association with a sports bar and grill and game room tivithin the
Commercial Limited (CL) Zoning District and located within Units 1-4 of the Mayport Square
shopping center at 1487 Mayport Road, subject to the following conditions:
• business activities must be maintained as primarily a restaurant and bar use limited to beer
and wine service only;
• Billiards or pool, and video game arcades shall not be come the dominant use at this
location;
• video poker, electronic gambling devices, or any type of coin operated gambling devices
or any other games of chance, regardless of how played, shall be prohibited.
(Provide findings of fact similar to the following, acrd attach additional conditions as may be
appropriate.)
1. Approval of this Use-by-Exception is in compliance 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 Limited District Regulations.
2. The request is not contrary to public interest and is not detrimental to the health, safety and
welfare of general public.
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AGENDA ITEM #8A
AUGUST 8, 2005
3. The proposed use is compatible with adjacent properties and other properties within the
surrounding area.
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 to allow for on-premise consumption of beer and wine
(2-COP DABT license) in association tivith a sports bar and grill and game room within the
Commercial Limited (CL) Zoning District and located within Units 1-4 of the Mayport Square
shopping center at 1487 Mayport Road, 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 FILES\UBE-2005-07 (Logsdon Erhayel)1CDB Staff Report.Doc
3
Jun 15 05 12:1Op
y of Atlantic Beach Bu 904-247-5845 AGENDAITI;M#8A
AUGUST 8, 2005
CI B ~ SING ~ ZO Bni~~~
JUL ~ ~~.~O~J . ,
AP~'~~~CATXON FOR A •CJS~-BY-~~CEPTZON
City of Atlantic Beach ~ 800 Seminole Road • Atlantic Beach, Florida 32233-5445
BY: _......__. Pli`bn~:"(90~4) 247-5800 FAX (904) 247-5805 http://rvww/ci.atIant:ic-beach.il.us
Date ~~~~~ File No. ~.{~~~--~OaS-D~ Receipt ~~Qg~2-
1. Applicant's N~
Z. Applicant's Ac
3. Property Lodi y
4. Property Appraiser's Rcal Estate Number ~p~lrl ~ (~{~~_ Block No. Lot No.
5. Current Zoning Classification nC ~/- ~s C G. Comprehensive Plan Fluture Land Use desi~glnatio~n/~
7. Requested Use-by-Exception ~l~c>t ae`i ~ ),~~~Sf ~ar qt ~ (I G'~j,,m~ ~11~1 I 1
,~
3. Size of Parcel ~(,~~~ titi'1l V ~ I~`~p~(~t ! ~ 9. Utility Provider ~ ' ~ ~ 1 ~ ~ "
10. Statement of facFs and speciaY r~tason~'or requested Use-by-Exception, which demonstrates compliance with Section
24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A.
(The attached Guide may be used if desire. Please address each item, as appropriate to this request.)
lI. Provide all of the followin; 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 and/or proposed
driveways. Identify any existing structures and uses.
b. Proof of ownership (deed or certificate by lawyer or abstract company or ritle company that verifies record
otvncr as above). 'If the applicant is not the otivner, a letter of authorization from the ort~ner(s) for applicant to
•represent the owner for all purposes related to this application must be provided.
• c. Survey and 1c; aI description of property sought to tie rezoned: (Attach as Exhibit B.)
d. Required number of copies: Four (4), except where ori;inal plans, photographs or documents larbcr than
. l 1x17 inches are.submitted. Please provide cibltt (8) copies of any such original documents.
• e. Application Fee ($250.00}~
I I-IiREBY CERTIFY THAT ALL IIr'FORMATION PI.OVZDED WITH THIS APPLICATION IS CORRECT:
Signature of owner{s).or autho/r'ize~d'fperson•if owner's authorization form is attached:
Printed or tyPed~arpfe(s): ~_ l~.• U htWV~~
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL COr.RESPO1~~l:NCE
REGARDING THIS APPLICATION
Name:
Mailing Address: _ r~(~~~~ ~~14 J~~l~)(.t ~~ ~~'~ I ~ i `
Phone:
:~rh~.~~el ~Qnl, C~
Jun 15 05 12:1Op City of Atlantic Beach Bu 904-247-5845
AGENDA ITIJM #SA
AUGUST 8, 2005
.. EX~IBxT A
The review of an application for aUse-by-EYCeption 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 particular reference to vehicular and
pedestrian safety and convenience, tfa is flow and contro and access in case of fire or catastrophe.
2. Parking and Loading Spaces, where required, with particular attention to the items in (I) above.
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'3. The potential for.any adverse impacts to adjoining properties and properties generally in the area resulting
.from excessive noise, glare and Iighting, odor, traffic and similar characteristics of the CTse-bv-Excentinn
4. Refuse, trash collection and service areas with particular reference to items (1) and (2) above;
. - - ~( ~~7 ~di
~~.. Utilities, with reference to locations, availabili and compatibility;
.`
b. If adjacent uses are different types of uses; d~s~ be type ~of,~creeN.n~r}g and buffering that will be provided
•7. Signs, if any, and proposed exterior lighting, with reference to glare, trafr~c safety, economic effects and
compatibility and harmony with properties in the ~ist~ict~(See Signs and AdvFrtising, Chapter 17.1 _ e
• ..~ ~
8, Required Yards and other Qpen SS^pa~c~ Show build'ngs tbacks and areas of open space.on site plan.
9. General com atibili with adjacent. ee~~~e~ 1
P ry ~ prop n sand other property m the surrounding Zomna District as
well as consistency with a licable provisions~of`th Co rehensive Phan.
' AGENDA ITEM #8A
Map Output AUGUST 8, 20U5
JAXGIS Property Information
AGENDA ITIJM #8A
AUGUST 8, 2005
C&M CreaSons Phone 904-744-5132
Bl~~la~ Darts, ETC. ^ r 58fi3 Arlington Rd. Fax 904-725.4215
Jacksonville, FL 32211
Request & Proposal
Mayport Square's Newest Tenant Improves
Region Expansion
C8~M Creations has been in the sport bar and restaurant business for over thirty years. They currently own and
operate Cecil's Bar & Tavern, which has been in business for over fifty years. It also boasts one of the most
prominent business within the Arlington Preservation Society. Their relaxed, family type atmosphere allows
their place of business to become a warm welcoming venue to go relax and enjoy your self. Billiards, Darts,
ETC... will be no different C&M Creation is currently requesting an exception to the CCL zoning so they can
take the remaining four units at the South end of Mayport Square and convert them into a sports themed
"game roam" so to speak. Current plans include a small appetizer/sandwich menu estimated to only be about
ten percent of their volume so that the facility can cater to smokers and non-smokers alike. Refreshments will
include beer and wine products only. Billiards, Darts, ETC... has already been given commitments from CVL
Enterprises to be a new host in both their dart and pool tourney leagues. In addition the owners will also use
the new facility to add another location in their league play for Cecil's Dart Association, as well as Cecil's Pool
Association. The current commitments will guarantee a regular flow of people into Billiards, Darts, ETC... after
3:OOpm. Not only will the business receive residual effects but the business already established In Mayport
Square will enjoy the exposure and should also share in the traffic's return. In speaking with some of the
business owner's already established at Mayport Square there was no rejection, in fact the idea of the new
business was well received. Many agree that after 3:OOpm Mayport Road becomes a virtual "ghost town,"
when the military get off work. By creating a new .venue the Owner hopes to deter the stigma associated with
the area and help Atlantic Beach turn Mayport Road into an area they can be proud of. Wrth the full support of
B&K Property Management & Development, Inc., as well as the support of you -the City of Atlantic Beach,
this project if allowed will be no less than a success for all parties involved. We do hope you will share in our
vision and allow us to take our chance in helping Atlantic Beach be all that it can be.
AGENDA ITEM #8A
AUGUST 8, 2005
Billiards, Darts, ETC... Marketing Plan
Prospect Tenant Best Opportunity For Region Expansion
1447 Mayport Road Units 1-4:
1) Refer to attached sketch for proposed layout if allowed.
2) Both business owner and developer agree business to be very upscale to
neighborhood.
3) Exposure to area through tourney league alone to increase center traffic by no less
than 50%.
4) Billiards, Darts, ETC... to be A-typical
- VITII have shuttle service to cater to Miiitary base nightly.
- Security to promote safe pleasant environment with no hanging out.
- Include established vendors in center to entertain theme night type menus
How to Make This A Success:
^ As all of you have are aware of the risk involved with trying to bring an area back to
life in a positive note, we are willing to take that chance. All that we ask is that you, the
City of Atlantic Beach give us your support respectively and allow us the opportunity to
give Mayport Road the small push it needs to compete in the barlrestaurant industry.
The area as a whole stands to gain tremendously. More people mean more money,
and more money means more growth. When money is put back into an area it makes
the area as a whole more viable and the reality of it remains that all of us want to
elude the stigma associated with the Mayport Area. If proven business owners such
as ourselves are willing to take the chance it seems like all of you would welcome us
as well. All we need is the opportunity.