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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: r August 08, 2005 regular meeting 2 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. 3 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. 4 AGENDA ITEM #8A AUGUST 8, 2005 AGENDA ITEM 6.b. \' rt `''a'y''~~, J . '~ pt "' l s) J ~" '~~ Ji3:,.:,~ . 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. 2 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. ~~ , F '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.