Loading...
751 Atlantic Boulevard UBE-2006-03 CDB Minutes (draft) MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD June 20, 2006 A regular meeting of the Community Development Board was held on Tuesday, June 20, 2006, in the City Hall Commission Chambers. Present were Chairman Sam Jacobson, Steve Jenkins, Craig Burkhart, Dave MacInnes, Carolyn Woods, Chris Lambertson, Lynn Drysdale (arrived at 7:16 p.m.) Community Development Director Sonya Doerr, City Attorney Alan Jensen and Recording Secretary Jeanne Shaw. 5. New Business. a. UBE-2006-03, Judy Jenness. Request for a Use-by-Exception for the Atlantic Theatre site located at 751 Atlantic Boulevard. The owners of the Atlantic Theatre received a Use-by-Exception on March 28, 2005 to allow Live Entertainment for a comedy club and also to allow on-premise consumption of alcoholic beverages. This request seeks a Use-by-Exception for a new Applicant to share space with the existing comedy club, also including on-premise consumption of alcoholic beverages and Live Entertainment to include live music (indoors only.) The proposed new business would be the Freebird Café, which proposes to relocate from Jacksonville Beach to the Atlantic Theatre site. Chairman Jacobson explained the procedure for a Use-by-Exception request stating that the CD Board makes a recommendation to the City Commission on such applications. The following people addressed the Board in support of the applicant: Gerard Vermey, architect, 65 Shell Street; Judy Jenness, applicant, 1836 Nightfall Drive, Neptune Beach; Tom Fallon, general manager of the Atlantic Theatre Comedy Club, 1144 Hamlet Lane East, Neptune Beach; Leslie Targonski, sound engineer, 7818 Lady Smith Lane, Jacksonville. Mr. Vermey reviewed the current status of the Atlantic Theatres noting that half of the building is currently used for the comedy club, and Ms. Jenness is interested in using the other half of the building for relocating her business, the Freebird Café, from Jacksonville Beach. He noted that the site has ample parking in front and that there is already an existing bar within the building. Mr. Vermey supported Ms. Jenness’ request for the Use-by-Exception. Ms. Jenness indicated her desire to relocate in order to have a larger venue so that more national music acts could be booked. She indicated that her business is capable of addressing the issues of noise, parking, and security and that her sound engineer is here to answer any questions regarding sound issues. Mr. Fallon expressed his support of Ms. Jenness’ application and noted that currently much of the space within the theatre facility is unused. He believed that Ms. Jenness’ business would be a compatible use with the existing comedy club. He stated that the music shows would not be scheduled seven nights per week and that the shows would begin around 10:00 p.m. Chairman Jacobson asked if the Board had any questions. Mr. Jenkins asked Ms. Jenness to specify the exact hours of operation being requested in her Use-by-Exception. Ms. Jenness noted that currently her business is open until 2:00 a.m. but that they would like to make their hours of operation begin and end earlier in the new location. Mr. Jenkins asked for further clarification, and Ms. Jenness indicated that most of their shows would end around 12:30 or 1:00 a.m., but that the maximum hours of operation being requested would be until 2:00 a.m. Mr. Jenkins asked how she has addressed security issues. Ms. Jenness responded that she has met with the Chief of Police for Atlantic Beach to discuss these issues. She stated that she hires the appropriate amount of private security officers for all of the shows and discussed the type of security in more detail. Board Member Lynn Drysdale joined the meeting at 7:16 p.m. Chairman Jacobson inquired into the expected clientele of the business. Ms. Jenness described the variety of people, stating that clientele tended more to be in their 30s-40s and that it depended on the type of show and music. The Chair asked Chief David Thompson, Director of Public Safety, if he would like to provide any information concerning the application. Chief Thompson acknowledged that he had met with Ms. Jenness and her staff and discussed the issues involved with live music and alcohol. He discussed the estimated number of people attending the events and the sound issues that could affect the neighborhood in proximity to the location. He encouraged the business to provide their own private security officers. Chief Thompson provided statistics of police calls received from the vicinity of the current Freebird Café in Jacksonville Beach. Chief Thompson explained that a good many of the reports did not occur in the Freebird, or may not have had any connection with the Freebird, but that the Freebird location was rather used as a “landmark” for identifying the general location of an incident since it was well known. Chief Thompson further addressed the type and number of calls reported. In closing, Chief Thompson stated that he believed that most instances at the Freebird Café have been handled well by the security provided by the business. Ms. Woods questioned the applicant’s plans for monitoring and addressing the noise outside of the building. Mr. Targonski, sound engineer for the applicant, responded and provided technical details on how the sound will be measured and adjusted appropriately. It was noted by Chief Thompson that the City Code does not have a specific decibel limit for noise and that the issue is a judgment call addressed and based upon complaints and police calls. Discussion ensued regarding means to manage the noise from the establishment. Mr. Targonski stated that he has confident they could address any noise issues such that noise would not be a problem for residents behind the property. In response to questions from the Board, Mr. Fallon indicated that the business might be adding an additional service bar in the building. Ms. Jenness answered questions regarding seating capacity by responding that the establishment will be standing/dancing room only. The applicant noted that their shows would not be occurring simultaneously with the comedy club acts and that there is ample parking on the property. Chairman Jacobson inquired as to the specific nature of the business: is it a night club concept or a concert hall? Ms. Jenness responded that it is a live music venue with drinks and dancing. Ms. Drysdale asked if the issue of loading spaces at the rear of the building would create the same problems as had occurred in the Jacksonville Beach location. Ms. Jenness indicated that the problems with bus parking and loading issues have been resolved in Jacksonville Beach and that this location had ample room for bus and delivery parking. Ms. Jenness stated that the business prefers to use only the ground floor level, but may consider utilizing the upstairs area for special VIP customer viewing at certain shows. The Chairman opened the floor to public comments. Steve Foraker, Sixth Street, strongly supported the Freebird Café relocating in Atlantic Beach and spoke highly of Ms. Jenness’ manner of operating her business in Jacksonville Beach. He believed it would be an asset for the community. Carol Schwarz, Tierra Verde Drive, did not support this type of business activity in Atlantic Beach and did not believe it fit in with the City’s family character. Judy Truitt, 315 Second Street, spoke in favor of the club moving to Atlantic Beach. R.D. De Carle, 51 Beach Avenue, spoke in favor of the request and believed the business books quality acts that would not otherwise come to the beaches. There being no further public comments, the Chairman closed the public hearing and brought the request back to the Board for discussion. A motion was made by Mr. Burkhart, seconded by Mr. MacInnes, and passed unanimously to recommend approval to the City Commission of the request as presented.