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751 Atlantic Boulevard UBE-2006-03 Order December 12, 2006 Judy Jenness 1836 Nightfall Drive Neptune Beach, Florida 32266 Re: Approval of UBE-2006-03 for the Freebird Live to relocate to Atlantic Beach Dear Ms. Jenness: This letter serves as confirmation that your application for a Use-by-Exception was approved by the City Commission at their meeting on December 11, 2006. The terms and conditions of this approval are set forth as follows. Approval of a Use-by-Exception (File Number UBE-2006-03) to Judy Jenness, owner of the Freebird Live, to operate said business at the Atlantic Theatre site at 751 Atlantic Boulevard and to allow on-premise consumption of alcoholic beverages and Live Entertainment to include live music (indoors only), subject to proper licensing and the following conditions. Condition #1: For any show that can be reasonably anticipated to generate crowds in excess of 600 persons, the owner shall advise the City’s Department of Public Safety of planned security for such events not less than 14 days prior to such show. If determined by the Chief or Captain to be in the best interest of the City, the owner shall provide uniformed off-duty officers at times and locations as determined to be appropriate by Public Safety. Condition #2: Band buses or any service vehicles or equipment related to shows shall not be parked at the rear of the Atlantic Theatre building between the hours of 6:00pm and 7:00am. Band buses shall be connected to electrical power only and shall not use generators. When exiting on to Cavalla Road, buses are restricted to a right-turn only, and buses shall not be permitted to travel northbound upon Sailfish Drive into residential neighborhoods. Condition #3: In the case that on-site parking, which includes parking areas of the North Beach Center, is demonstrated to be routinely inadequate to accommodate typical musical events in the determination of the Public Safety Director, permanent alternative arrangements for additional parking shall be provided. Condition #4: The owner shall be responsible for monitoring patron parking to ensure that parking is limited to designated parking areas and not along public right-of-ways. All parking and exterior areas shall be maintained in a clean and debris-free manner. Condition #5: Lighting at the rear of the building shall be adequate to provide security for employees and performers, but lighting shall not be directed towards or spill-over to adjacent residential uses. Condition #6: The owner shall provide a schedule of performers and show times to the City as these are available, and further, shall notify the City of particular shows that can be reasonably anticipated to generate larger than typical crowds where additional parking may be needed and to address in writing how such additional parking will be accommodated not less than 14 days prior to such shows. Please feel free to call me at 247-5826 with any questions, and best of success with your new Atlantic Beach location. Sincerely, Sonya B. Doerr, AICP Community Development Director cc: Donna Bussey, City Clerk Jim Hanson, City Manager