751 Atlantic Boulevard UBE-2006-03 Staff Report CC 12.11.2006
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request from Judy Jenness for a Use-by-Exception for the Atlantic Theatre site located at 751 Atlantic Boulevard to allow on-premise consumption of alcoholic beverages
and Live Entertainment to include live music (indoors only) for the Freebird Live. (Continued from the July 10th meeting of the City Commission.)
SUBMITTED BY: Sonya Doerr, AICP
Community Development Director
DATE: December 4, 2006
BACKGROUND: This request was before the City Commission in July and was deferred at that meeting to allow the Applicant to address concerns expressed by the Commission. Since that
meeting, the Applicant had made a business decision not to pursue relocation from Jacksonville Beach to Atlantic Beach, but has now reconsidered and wishes to pursue approval of the
requested Use-by-Exception. No action, other than deferral, was taken by the Commission at the July 10th meeting, so this request may again be considered.
Additional information related to questions raised by the Commission is provided in the attached letter from Alan Dickinson, owner of the North Beach Center, on behalf of the Applicant.
City staff has met with and discussed various issues with the Applicant over recent weeks. The Atlantic Theatre property owner, Ms. Jenness and Mr. Dickinson have made certain commitments
to address various issues. Several conditions are recommended to include these as binding commitments to accompany any action to approve this request.
Security: The Applicant has provided that one security guard is provided for each expected 100 patrons, and that additional security, including off-duty police officers, is hired, as
needed for larger shows and better known artists. Staff has observed, at the existing Freebird Live location in Jacksonville Beach, that door security, internal security, and age/ID
checks are very closely controlled.
Recommended Condition #1: For any show that can be reasonably anticipated to generate crowds in excess of 600 persons, the Applicant 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 Applicant shall provide
uniformed off-duty officers at times and locations as determined to be appropriate by Public Safety.
Bus Parking: Owners of the North Beach Center have committed to providing and maintaining adequate area at the rear of that property to provide parking for employees and band buses
so that no buses would be parked directly behind the Atlantic Theatre building.
Recommended 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.
Patron Parking: Parking will be provided for the Freebird on-site and at the adjoining North Beach Center. Tenants of the North Beach Center support this request, believing additional
business activity will be generated prior to the beginning of shows at the Freebird. Based upon observation of typical parking during evening hours, there appears to be adequate parking
for what the Applicant has advised are typical shows, which are 300-600 ticket events. Staff has asked Ms. Jenness to provide schedules to the City and to inform the City of particular
shows, which may have full house crowds where extra demands on parking may be expected, and to address how such extra parking needs will be met in writing to the City not less than
14 days prior to such shows.
Recommended 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.
Recommended Condition #4: The Applicant 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.
Recommended Condition #5: The Applicant 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.
The Atlantic Theatre and the new adjacent Bailey’s gym location are under the same ownership. While this is a private issue between the property owner and his tenants, the property owner
has agreed to reserve and mark 20 spaces for the exclusive use of the new Bailey’s gym, and will assume responsibility for enforcing this restriction.
BUDGET: No budget issues.
RECOMMENDATION: Consider approval a Use-by-Exception for the Atlantic Theatre site located at 751 Atlantic Boulevard to allow on-premise consumption of alcoholic beverages and Live
Entertainment to include live music (indoors only) for the Freebird Live, subject to the conditions stated herein and other conditions as may be requested by the City Commission. The
Community Development Board unanimously recommended approval of this request at their June 20, 2006 meeting.
ATTACHMENTS: Information provided by Alan Dickinson on behalf of the Applicant.
REVIEWED BY CITY MANAGER: __________________
December 11, 2006 regular meeting