751 Atlantic Boulevard UBE-2005-03 Staff Report CC
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request for a Use-by-Exception (File UBE-2005-03) 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.
SUBMITTED BY: Sonya Doerr, AICP
Community Development Director
DATE: March 16, 2005
BACKGROUND: This request seeks approval of a Use-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 a Use-by-Exception for on-premise consumption in all commercial districts. This Applicant held 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.)
The Community Development Board considered this request at their March 15th meeting, and unanimously recommended approval subject to the following conditions:
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.
BUDGET: No budget issues.
RECOMMENDATION: Approval of Use-by-Exception (File UBE-2005-03) as requested subject to above conditions. The Community Development Board considered this application at their March
15th meeting and unanimously recommended approval, subject conditions as set forth herein, finding the proposed use consistent with the CG District and with Section 24-63 of the Land
Development Regulations.
ATTACHMENTS: Community Development Board minutes, staff report and supporting information.
REVIEWED BY CITY MANAGER: __________________
March 28, 2005 regular meeting