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303 Atlantic Boulevard 16-UBEX-41 Staff Report CDB CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO 16-UBEX-41 Request for use-by-exception as permitted by Section 3-5, to allow on-premises consumption of alcoholic beverages at a restaurant within the Central Business District at 303 Atlantic Boulevard. LOCATION 303 Atlantic Boulevard APPLICANT Al Mansur DATE March 8, 2016 STAFF JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR STAFF COMMENTS The applicant is Al Mansur, owner of Al’s Pizza, which is located at 303 Atlantic Boulevard. The property is located in the Central Business District (CBD) zoning district. Mr. Mansur is in the process of designing a renovation and expansion of his existing restaurant. Part of the expansion will be the addition of additional seats, which will enable the restaurant to be licensed by the State of Florida for full alcohol service. The applicant is required to obtain a Use-By-Exception per Section 3-5 of the City Code which states, “The sale of any alcoholic beverages for on-premise consumption, including beer, wine and liquor shall be properly licensed by the City of Atlantic Beach, and shall be limited only to restaurants, cafes, bars and private clubs within commercial general and commercial limited zoning districts or the central business district in compliance with chapter 24 of the city code and subject to approval of a use-by-exception in accordance with section 24-63.” There are several nearby restaurants in the Atlantic Beach portion of the Beaches Town Center that have full alcohol service, including Poe’s, Ragtime, and Ocean 60. In order to expand the existing restaurant, the applicant will have to provide additional parking. The applicant is seeking to provide the required parking offsite through a shared parking agreement. The shared parking agreement has been submitted to the city, but needs a zoning variance due to the distance from the site. The zoning variance will be approved or denied at the March 22nd CDB meeting. Page 2 of 2 SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Use-by-Exception (File No. 16-UBEX-41) to allow a restaurant with on-premises consumption of alcoholic beverages within the Central Business District (CBD) Zoning District and located at 303 Atlantic Boulevard provided: 1. Approval of this Use-by-Exception is consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-114(b) in that the proposed use is found to be consistent with the uses permitted in the CBD zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of a requested Use-by-Exception (File No. 16-UBEX-41) to allow a restaurant with on-premises consumption of alcoholic beverages with in the Central Business District (CBD) Zoning District and located at 303 Atlantic Boulevard provided: 1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-114(b) in that the proposed use is found to be inconsistent with the uses permitted in the CBD zoning districts with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses.