751 Atlantic Boulevard UBE-2006-03 Staff Report CDB
COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
June 20, 2006 Public Hearing
Use-by-Exception, Judy Jenness
(File No. UBE-2006-03)
To: Community Development Board
From: Planning, Zoning and Community Development Department
Date: June 7, 2006
Subject: UBE-2006-03
Applicant: Judy Jenness
1836 Nightfall Drive
Neptune Beach, Florida 32266
Requested Change: Request to expand an existing 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 an additional
business to allow on-premise consumption of alcoholic beverages and Live Entertainment to include live music (indoors only.) The Applicant proposes to relocate the existing Freebird
Café in Jacksonville Beach to this location in Atlantic Beach, although this location is not proposed to contain food service.
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 also be used as a live music entertainment venue. The existing Use-by-Exception for the
Atlantic Theatre allows for live entertainment for a comedy club with on-site consumption of Alcoholic Beverages. This business is now operating and will continue to operate. Staff
is advised that, if approved, the two businesses will share the space within the Building, which was fully renovated several years ago.
The Applicant has stated that the only change in the manner in which the comedy club now operates would be the addition of live musical performances (indoors only.) There will not be
a restaurant or food service in association with this business. The Applicant currently operates the Freebird Café in Jacksonville Beach, which is fully surrounded by other restaurant,
bar, nightclub and entertainment district type uses. While this property has been a theatre or other type of entertainment use since constructed in 1964, it is adjacent to multi-family
residential to the rear of the site. The Applicant should fully address sound-proofing, hours of operation and security, specifically related to how such issues might adversely effect
neighboring residential uses.
In considering this request and any recommendation to the City Commission to approve the request, the Community Development Board should consider the following description of General
Commercial areas, and find that the proposed business is consistent with General Commercial activities.
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.
…
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 to allow Live Musical Entertainment, indoors only, within
the existing building (formerly the Atlantic Theatre) and on-site consumption of Alcoholic Beverages in the Commercial General (CG) Zoning District and located at 751 Atlantic Boulevard,
provided:
(Provide findings of fact similar to the following, and attach conditions as may be appropriate.)
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 to allow Live Musical Entertainment, indoors only, within the
existing building (formerly the Atlantic Theatre) and on-site consumption of Alcoholic Beverages 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-2006-03 (J. Jenness)\CDB Staff Report.doc