28 Sherry Drive 15-UBEX-1042 Packet S%rlN' City of Atlantic Beach
fl� 401* Building and Planning
4 ii s� 800 Seminole Road
111 0 Atlantic Beach, Florida 32233-5445
Telephone(904)247-5826
0;119r Fax(904) 247-5845
http://www.coab.us
City Commission Order
APPLICANT: The Color Black LLC
FILE NUMBER: 15-UBEX-1042
DATE OF PUBLIC HEARING: September 14, 2015
ORDER GRANTING Use-By-Exception
The above referenced applicant requested a use-by-exception as permitted by Section 24-
111(c)(3) to permit on-premises consumption of alcoholic beverages within the Commercial
General (CG) Zoning District at 28 Sherry Drive.
On September 14, 2015, a public hearing was held and said request was considered by the City
of Atlantic Beach City Commission. Having considered the application, supporting documents
and comments by staff, the applicant, and members of the public, the City Commission
GRANTED the request with conditions, finding the proposed development is consistent with the
provisions of Section 24-111(c)(3) of the Land Development Regulations establishing ground for
approval of a use-by-exception.
The conditions are as follows:
1. Hours of sale be stopped at 10 pm Sunday-Thursday and 11 pm Friday and Saturday.
2. The number of people in the lounge area be limited to 35.
3. That sales be limited to beer and wine only.
4. Alcohol must be purchased by room keys of guests.
Sinc- - ,
neP 5f4i&l(
Jeremy Hubsch
Building and Zoning Director
\PIP of
APPLICATION FOR A USE-BY-EXCEPTION
City of Atlantic Beach • 800 Seminole Road •Atlantic Beach,Florida 32233-5445
Phone: (904)247-5826 • FAX (904)247-5845 • http://www.coab.us
Date File No. Receipt
1. Applicant's Name The Color Black LLC dba 28 Sherry
2. Applicant's Address 28 Sherry Drive Atlantic Beach, Fl 32233
3. Property Location 28 Sherry Drive Atlantic Beach, Fl 32233
4. Property Appraiser's Real Estate Number Block No.3 Lot No.851,852,853,854
5. Current Zoning Classification CC' 6. Comprehensive Plan Future Land Use designation CG
7. Requested Use-by-Exception Establish an outdoor lounge,enabling the hotel to sell and serve beer and wine to hotel guests.
8. Size of Parcel 0.23 acres 9.Utility Provider JEA/COAB/Sawyer Gas/Comcast
10. Statement of facts and special reasons for the 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 desired. Please address each item, as appropriate to this request.)
11. Provide all of the following information. (All information must be provided before an application is scheduled for any
public hearing.)
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 title company that verifies record
owner as above). If the applicant is not the owner, 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. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.)
d. Required number of copies.(Two (2) copies of all documents that are not larger than 11 x 17 inches in size. If
plans or photographs,or color attachments are submitted,please provide eight(8)copies of these.)
e. Application Fee($250.00)
I 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): C' chwartzenberger
Signature(s): .41tir
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION Name: Greg Schwartzenberger
Mailing Address: 28 Sherry Drive Atlantic Beach, Fl 32233
Phone: 904-588-6397 FAX: NA E-mail:gregschwartzenberger@gmail.com
EXHIBIT A
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 particular reference to vehicular and
pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
The ingress and egress to the property will remain as is. A new entry wall offset further to the west of the property will make parking and hotel entry
safer and more practical. It is proposed that the COAB continue the painted crosswalk in the proximity of our hotel entry/exit so that it continues to cross
Sherry drive and run into the sidewalk running east/west on Ahern,further defining the pedestrian designated crossing to Sherry Drive vehicular traffic.
2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above.
Parking and loading spaces will remain the same and within compliance. The Palms has parking agreements as well with Berkshire Hathaway and
the Presbyterian church for overflow guest parking and oversized vehicles.
3. The potential for any adverse impacts to adjoining properties 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.
Little to zero adverse impacts are expected. Our courtyard at present is a common gathering place for guests and special events. Our lounge
concept essentially provides a covered area for our guests to relax.
4. Refuse,trash collection and service areas,with particular reference to items(1)and(2)above;
A new dumpster location on Sturdivant,adjacent to other area business dumpsters,streamlines the process and there is added safety by separating
the trash pick up area from guest parking.
5. Utilities,with reference to locations,availability and compatibility;
Utilities in present state are compatible and available for the lounge space.
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. The screening and buffering will remain the same as what is in place. To the south,there
is and will stay a wooden property fence. The back of our hotel meets the back of the property to the west(adjacent to Salt Air Motel.) To our North
is Sturdivant running East/West. To our East is Sherry Drive running North/South.
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.)
No new signs or advertising will be added to the property.
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.
No change to use.
Other information you may wish to provide: This use-by-exception will allow us to offer an additional amenity to our guests and will
provide additional revenue for the business.
MAk SHOWING A SURVEY OF
LOTS 851, 852, 853 AND 854, PLAT OF SECTION NO.3 SALTAIR AS RECORDED IN PLAT
BOOK 10. PAGE 16 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA
11.: 1:1
CONCRETE STURDIVANT AVENUE
POWER (50' RIGHT-OF-WAY)(PAVED)
POLE
ELECTRIC 99.71'(FIELD) Flum coNcRETE N
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NOTES: (105' RIGHT-OF-WAY)
1)THIS IS A BOUNDARY SURVEY. (STATE ROAD A-1-A)
2)ANGLES AS PER FIELD SURVEY.
3)NO BUILDING RESTRICTION UNE PER PLAT.
4)NORTH PROTRACTED FROM PLAT. THIS SURVEY WAS MADE FOR THE BENEFIT OF
28 SHERRY DR.,INC.
THE PROPERTY SHOWN HEREON APPEARS FIRST AMERICAN TITLE INSURANCE COMPANY
TO LIE IN FLOOD ZONE "X" AS WELL AS RICHARD G. HATHAWAY. P.A.
CAN BE DETERMINED FROM THE FLOOD PONTE VERA TITLE, LLC
INSURANCE RATE MAP COMMUNITY PANEL OCEANSIDE BANK
NUMBER 120075 0001 D, REVISED APRIL 17, 1 I
1989 FOR THE CITY OF ALTANTIC BEACH,
DUVAL COUNTY, FLORIDA.
DONN W. BOATWRIGHT, P.S.M.
'NOT VAUD STROUT THE SIGNATURE ANO DIE FLA. LIC. SURVEYOR AND MAPPER No. LS 3295
ORMINAL RAISED SEAL OF A FLORIDAA ucENSED
SURVEYOR AND MATTER
FLA. UC. SURVEYING & MAPPING BUSINESS No. LB 3672
CHECKED BY: BOATWRIGHT LAND SURVEYORS, INC. DATE MAY-12-2006
DRAWN BY: CRT 1500 ROBERTS DRIVE
FILE #: 2006-489 JACKSONVILLE BEACH, FLORIDA 241-8550 SHEET_L_OF 1—
Prepared by and return to:
Hathaway&Reynolds,PA
50 AlA North,Suite 108
Ponte Vedra Beach,FL 32082
File Number: HRPA15029
(Space Above This Line For Recording Data)
Warranty Deed
This Warranty Deed made this 19th day of March, 2015, between Harba, LLC, a Florida limited liability
company whose post office address is 1775 Selva Marina Drive, Atlantic Beach, FL 32233, grantor, and The Color
Black, LLC, a FL limited liability company whose post office address is 28 Sherry Drive, Atlantic Beach, FL 32233,
grantee:
(Whenever used herein the terms"grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives,and
assigns of individuals,and the successors and assigns of corporations,trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described Iand,
situate,lying and being in Duval County,Florida,to-wit:
Lot 851,852,853 and 854,Plat of Section No.3 Saltair,a subdivision according to the plat thereof recorded at
Plat Book 10,Page 16,in the Public Records of Duval County,Florida.
Parcel Identification Number: 1707020000
Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
SUBJECT TO covenants,conditions,restrictions,easements of record and taxes for the current year.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances,except as specified herein.
Wommtr Deed Page I
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed,sealed and delivered in our presence:
., Harba,LLC,a Florida limited liability company,by
Wi,ess 1 Signature Hospitality Analytics,Inc.,a Georgia corporation,
Ruth K. McDonald its Managing Member
Witness 1 Printed Name By: 71 )3, c r, •
Henry B.Maley,Jr.,CEO f.
Witne .„4/4/44/
2 Signature/
Sand nglish
Witness 2 Printed Name
State of / t(, ,
County of
if .i2MJ'
ii
The foregoing instrument was acknowledged before me this Fl o day of March,2015,by Henry B. Staley,Jr., CEO of
Hospitality Analytics,Inc.,a Georgia corporation,the Managing M ber of Harba,LLC,a Florida limited liability company,
on behalf of the company. He( )is personally known to me or( )hasuc
eivi as
identification. p,$o an Dr+V 7
�, s License
Ail����,�YP�r. „ -20/1/*4_(-1
• `htary, 'ubl�c
.I.M , Ruth, . McDonald
:_ ;it•`` cY, : s Ruth K. McDonald
S;.,,N, 9337 Printed Name:
's;' Qa�EXPII;FS. ''AY'27,2016
'',ruo1` WIMAARONINIOTARY.com
My Commission Expires: 1�'��'�9 7 )D I
KW,,,: ah ed-raix 2
BILL OF SALE AND ASSIGNMENT
(with general warranty of title)
This Bill of Sale and Assignment, dated effective March iC1 , 2015, is by and from Harba, LLC,
a Florida limited liability company ("SELLER") to The Color Black, LLC, a Florida limited :lability
company("BUYER").
(When used herein the terms "SELLER" and "BUYER" shall be construed to include masculine,
feminine, singular or plural as the context permits or requires and shall include heirs, personal
representatives,successors or assigns.)
For the sum of ten and 00/100 dollars and other good and valuable consideration, the receipt and
legal sufficiency of which are hereby acknowledged, SELLER and BUYER hereby agree as follows:
1. SELLER hereby sells, transfers, and delivers to Buyer and SELLER does hereby assign
and transfer unto BUYER all of SELLER's right, title and interest in and to the property described on
Exhibit A,attached hereto and made a part hereof(collectively,the"Property").
2. BUYER, by its execution hereof, hereby assumes and agrees to perform all the obligations
and duties of SELLER pertaining to the Property or from the effective date hereof.
3. SELLER does hereby represent and warrants to BUYER that SELLER is the lawful owner
of the Property; that the Property is free from all encumbrances except as specified herein or in any of the
other closing documents relating to the sale of the Property from SELLER to BUYER; that SELLER has
good right and a lawful authority to sell and assign the Property; and that SELLER will warrant and
defend this Bill of Sale and Assignment against the claims of all persons whomsoever.
4. This Assignment shall be binding upon and inure to the benefit of the successors and
assigns of the parties.
IN WITNESS WHEREOF, Seller has executed and delivered this Assignment as of the date set
forth above.
Signed,sealed and delivered "SELLER"
e ctte�/ �,`� [I Harba, LLC, a Florida limited liability
1v�W�C.�/t,�l company,by Hospitality Analytics, Inc.,
ame: Ruth K. McDonald a Georgia corporation, its Managing
Member
Na6/
me: an E giish By: 7 3 )3
Henry B. Staley, Jr., CEO
State of Florida
County of St. Johns
The foregoing instrument was acknowledged before me on1 of , 2015 by Henry B.
Staley, Jr., the CEO of Hospitality Analytics, Inc., a Georgia corporation, the Managing Member of
Harba, LLC,a Florida limited liability company,on behalf of the company.He is personally known to me
or has produced a valid photo ID as identification.
�,Ot• YPG. RUfih f - AAA . . .,
';• 1�t �ca,. I McDonald r tary Name: Ruth
(No . }Q��r ;'s''0+=EE198375 Commission No: lf� C� "ZS
of 27 2015 My commission expires: 1 1 L
'i'tVW.a:6.OVl�Ofpgy�t
"BUYER"
The Color Black, LLC, a Florida limited
liability comp.
ame: - - i .. _
�.� By: G. J
Greg A. Sch artzenberger,Jr., as
ame: S Y E �iSh co-Trustee of the Gregory A.
Schwartzenberger,Jr. and Julie G.
Schwartzenberger Living Trust dated March
6, 2013, Member
By- k1A4-'
J 'e G.Schw erger, as co-Trustee of
the Gregory A. Schwartzenberger,Jr. and
Julie G. Sch zenberger Living Trust
dated . 6,2913, Member
By: � �:
Stevan Brown, Member
By: '4 )3 . s�- -
Henry B. Staley,Jr.,Member
State of Florida
County of St.Johns
The foregoing instrument was acknowledged before me onI"'1(i. 1/ 1Li , 2015 by
Gregory A. Schwartzenberger, Jr., and Julie G. Schwartzenberger, as co-Trustees of the Gregory
A. Schwartzenberger, Jr. and Julie G. Schwartzenberger Living Trust dated March 6, 2013, on
behalf of the trust; Stevan Brown; and Henry B. Staley, Jr., all as members of The Color Black,
LLC, a Florida limited liability company, on behalf of the company. They are personally known
to me or have produced a valid photo ID as identification.
Al
'.tary Name: -
(Notary,SW) Commission No: ? q g
-art, K. ii.E 198315 d
EE19$3
" My commission expires: �\(�,
•=c. �2�ic'--u,:
;S:":.,7 27 2016
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2
)XHIBIT"A"
All fixtures,including trade fixtures,and all machinery,equipment and other personal property of every kind
and nature whatsoever now or hereafter owned by Seller and now or hereafter located in,under,on,or affixed
to,or used or intended to be used in connection with the improvements now or hereafter situated on the real
property located at 28 Sherry Drive,Atlantic Beach,FL 32233(the"Property"),or with the operation of such
improvements, including all additions and betterments to, and extensions, improvements,renewals and
replacements of,any of the foregoing;and
All rents,profits,issues and revenues of the Property and improvements thereon from time to time accruing,
whether under leases or tenancies now existing or hereafter created;and
All right,title and interest of Seller in and to all riparian and littoral rights and all oil,gas,mineral and timber
now or hereafter located on or under the Property;and
Any and all rights to receive any credit or refund for the payment of any state,local or federal tax assessed
against the collateral described herein;and
All easements,rights-of-way and rights used in connection therewith or as a means of access to the Property
and all right,title and interest of Seller in and to any streets and roads abutting the Property to the center lines
thereof and in all utility,water,sanitary and stormwater lines and systems now or hereafter located on or
adjacent to the Property;and
All judgments,awards of damages and settlements hereafter made resulting from condemnation proceedings
or the taking of the Property and improvements thereon or any part thereof under the power of eminent
domain,or for any damage(whether caused by such taking or otherwise)to the Property or the improvements
thereon or any part thereof,or to any rights appurtenant thereto,including any award for change of grade of
streets;and
The loss proceeds of all hazard insurance policies payable with respect to damage to the fixtures and personal
property above described and the improvements now or hereafter located on the Property;and
Any and all architectural,engineering or similar plans,plats or drawings;building and development permits,
water and sewer permits,permit fees,impact fees,utility deposits and refunds,and all development rights
relating to the Property;and
All proceeds,products,replacements,additions,substitutions,renewals and accessions of any of the above
items.
Detail by Entity Name Page 1 of 2
FLORIDA DEPARTMENT OF STATE
DIVISION 01 CORPORATIONS „2111b2
Detail by Entity Name
Florida Limited Liability Company
THE COLOR BLACK, LLC
Filing Information
Document Number L15000028797
FEIIEIN Number NONE
Date Filed 02/16/2015
State FL
Status ACTIVE
Last Event LC AMENDMENT
Event Date Filed 02/25/2015
Event Effective Date NONE
Principal Address
28 SHERRY DRIVE
ATLANTIC BEACH, FL 32233
Mailing Address
28 SHERRY DRIVE
ATLANTIC BEACH, FL 32233
Registered Agent Name & Address
HATHAWAY & REYNOLDS, P.A.
50 A1A NORTH
SUITE 108
PONTE VEDRA BEACH, FL 32082
Authorized Person(s) Detail
Name&Address
Title AMBR
SCHWARTZENBERGER, GREGORY A, JR.
28 SHERRY DRIVE
ATLANTIC BEACH, FL 32233
Title AMBR
SCHWARTZENBERGER, JULIE G
28 SHERRY DRIVE
ATLANTIC BEACH, FL 32233
httn://search.sunbiz.ori/Inuuirv/CornorationSearch/SearchResultDetail?inauirvtvne=Entity__ 3/1R/2015
lietail ny hntity Name Page 2 of 2
Title AMBR
BROWN, STEVAN
28 SHERRY DRIVE
ATLANTIC BEACH, FL 32233
Title AMBR
MARTINEZ, SARA
28 SHERRY DRIVE
ATLANTIC BEACH, FL 32233
Annual Reports
No Annual Reports Filed
Document Images
02/25/2015-- LC Amendment View image in PDF format
02/16/2015— Florida Limited Liability View image in PDF format
CovvriQht and Privacy Poficie5
State of Florida,Department of State
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/18/2015
i„,60,. . ,
D WE.1,n
FLORIDA DEPARTMENT OF STATE
Division of Corporations
March 6, 2015
RUTH MCDONALD
HATHAWAY & REYNOLDS, P.A.
50 Al A NORTH STE 108
PONTE VEDRA BEACH, FL 32082
Re: Document Number L15000028797
The Articles of Amendment to the Articles of Organization for THE COLOR BLACK,
LLC, a Florida limited liability company, were filed on February 25, 2015.
Should you have any questions regarding this matter, please telephone (850) 245-
6051, the Registration Section.
Shelia H Young
Regulatory Specialist II
Division of Corporations Letter Number: 815A00004698
www.sunbiz.org
Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314
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