751 Atlantic Boulevard UBE-2005-03 Staff Report CDB
COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
March 15, 2005 Public Hearing
Use-by-Exception, O.U.R. Properties, Inc.
(File No. UBE-2005-03)
To: Community Development Board
From: Planning, Zoning and Community Development Department
Date: March 04, 2005
Subject: UBE-2005-03
Applicant: OUR Properties, Inc.
2275 Atlantic Boulevard
Neptune Beach, Florida 32266
Requested Change: Request for a Use-by-Exception 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.
Location: 751 Atlantic Boulevard
Surrounding Zoning: CG and RG-2
Surrounding Land Use: Various commercial and multi-family residential uses.
STAFF COMMENTS AND RECOMMENDATION
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 had 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. Staff has no objection to this portion of the request, but since the premises
are not currently in operation, it is recommended that this Use-by-Exception also address this issue as part of the request.
Section 24-111 (c) (13), reproduced below, allows for businesses that offer certain forms of Live Entertainment to be considered as a Use-by-Exception within the Commercial General Zoning
District.
Section 24-111 (c) (13)
Businesses offering Live Entertainment, not including adult entertainment establishments as defined by Chapter 847.001 (2), Florida Statutes, and also not including amusement centers
and video game arcades and any type of token or coin-operated video or arcade games, and billiard and pool halls.
The Atlantic Theatre building has been undergoing significant interior renovations over the past year. These renovations meet all applicable building codes and permitting requirements
for the proposed use, which has an occupancy capacity of approximately 425 persons. (The owner was advised during the renovation process that approval of a Use-by-Exception would be
required for the proposed new use.)
The subject property has always existed as a theatre or other type of entertainment use since constructed in 1964. The site has adequate parking and access, and Staff finds that the
requested use is generally consistent with the Commercial General district, subject to conditions that limit the type of activity and entertainment to that which is appropriate to the
character of the City of Atlantic Beach and other immediately surrounding businesses and neighborhoods.
Staff does not have a concern related to adult entertainment, as strictly defined by State law, in that such establishments are prohibited within the City of Atlantic Beach. (…and
the Applicant certainly has not requested or suggested any such use.) Because entertainment acts are typically scheduled by outside booking agents who may not be familiar with the
predominantly residential and family character of Atlantic Beach, Staff recommends a condition binding this applicant to assurances that no events or activities would be booked for
this property, which would be in conflict with Section 13-6 and Section 13-7 of the City Code, or otherwise in conflict with Policy A.1.11.1(b) of the Comprehensive Plan, which describes
appropriate General Commercial activities as follows:
General Commercial. These areas shall include those businesses that provide retail goods and services, which serve the routine and daily needs of residents, including banks and professional
services, grocery and convenience stores, restaurants, accredited public
and private schools and child care, but not including manufacturing, warehousing, storage or high intensity commercial activities of a regional nature, or uses that have the potential
for negative impact to surrounding properties due to excessive noise, light or extremely late hours of operation. …
Subject to the proposed conditions, or similar and additional conditions the Community Development Board may deem appropriate, Staff recommends approval of the request.
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City Commission of this Use-by-Exception allowing Live Entertainment for a comedy club and entertainment
theatre, and also on-premise consumption of Alcoholic Beverages, beer and wine in an existing building (formerly the Atlantic Theatre) on a developed site within the Commercial General
(CG) Zoning District and located at 751 Atlantic Boulevard, subject to the following conditions:
(Provide findings of fact similar to the following, and attach conditions as may be appropriate.)
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.
and further providing for the following findings of fact:
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 General District Regulations.
The request is not contrary to public interest and is not detrimental to the health, safety and welfare of general public.
The proposed use is compatible with adjacent properties and other properties within the surrounding area.
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, which would allow Live Entertainment for a comedy club and
entertainment theatre, and also on-premise consumption of Alcoholic Beverages, beer and wine in an existing building (formerly the Atlantic Theatre) on a developed site within the
Commercial General (CG) Zoning District and located at 751 Atlantic Boulevard, provided:
(Provide findings of fact similar to the following.)
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 ____________________.
The request is contrary to public interest and may be detrimental to the health, safety and welfare of general public because __________________________________________________________.
The proposed use is not compatible with adjacent properties and other properties within the surrounding area because_________________________________________________________.
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:\PLANNING\USE-BY-EXCEPTION FILES\UBE-2005-03 (OUR Properties)\CDB Staff Report.doc