30 Ocean Boulevard UBE-2004-01 Staff Report CC
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request by Joseph’s Pizza for a Use-by-Exception to allow On-Premise Consumption, limited to beer and wine only (2COP license) in association with a restaurant to be located
within the Central Business District at 30 Ocean Boulevard.
SUBMITTED BY: Sonya Doerr, AICP
Community Development Director
DATE: July 09, 2004
BACKGROUND: This Use-by-Exception is requested to allow a pizza and Italian restaurant to serve beer and wine. Revisions to Chapter 3 (Alcoholic Beverages) that were made in May
of this year now require approval of a Use-by-Exception for any new location that serves beer, wine or liquor for on-premise consumption. This location at 30 Ocean Boulevard has been
the site of other restaurants (The Pointe Café) and a coffee shop (Shelby’s), but these previous businesses did not serve beer and wine.
The Applicant was unaware of these changes to the City Code and hopes to open the new restaurant at the end of this month. The Community Development Board will consider this request
at their July 20th meeting, and Staff will provide the CD Board’s recommendation at the Commission meeting. Staff recommends approval of this Use-by-Exception, finding that the request
is consistent with this area, and that the service of beer and wine is typical to the proposed restaurant use.
BUDGET: No budget issues.
RECOMMENDATION: Approval of UBE-2004-01, a request by Joseph’s Pizza for a Use-by-Exception to allow On-Premise Consumption, limited to beer and wine only (2COP license) in association
with a restaurant located within the Central Business District at 30 Ocean Boulevard.
ATTACHMENTS: Community Development Board Staff Report.
REVIEWED BY CITY MANAGER: __________________
July 26, 2004 regular meeting
ORDINANCE NUMBER 90-04-185
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS,
INCLUDING ALL AMENDMENTS THERETO, TO ADD NEW SECTION 24-172, BOATS AND WATERCRAFT, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Chapter 24, Zoning, Subdivision and Land Development Regulations Article III, Division 7, Supplementary Regulations, of the Code of Ordinances for the City of Atlantic Beach,
Florida is hereby amended to create new Section 24-172, generally and specifically regulating Boats and Watercraft, and upon enactment shall read as follows.
Sec. 24-172. Boats and Watercraft
For the purposes of this Section, the term Watercraft shall include every type of boat or vessel or craft intended to be used or capable of being used or operated, for any purpose, on
waters within or adjacent to the City of Atlantic Beach.
(a) Intent. The intent of this Section is to protect water quality and Environmentally Sensitive Areas within and adjacent to the City of Atlantic Beach, and to maintain or enhance
water quality, vegetative communities, wildlife habitats and the natural functions of fisheries, wetlands and estuarine marshes.
(b) Unlawful to discharge. It shall be unlawful to discharge, or allow to be discharged, from any Watercraft, or from any dock, sewage, refuse, garbage, fuel or other contaminants or
any waste material into waters within the City of Atlantic Beach.
(c) Docking and Anchoring Restrictions. It shall be unlawful to live aboard any Watercraft, which is docked, stored, moored or anchored within the City of Atlantic Beach. Live aboard
shall mean the continuing use of any Watercraft as a Dwelling Unit as defined within this Chapter.
(d) Damage to or destruction of Environmentally Sensitive Areas. It shall be unlawful for any person to operate, dock, moor or anchor any Watercraft in a manner that causes adverse
impacts to any marine or water resource, wildlife habitat or other Environmentally Sensitive Areas as defined within this Chapter and as set forth within the Conservation and Coastal
Management Element of the Comprehensive Plan.
Ordinance 90-04-185 Page 1 of 2
(e) Public Docks and Anchorages. Docking or anchoring within Tideviews Preserve, Dutton Island Preserve or any other public park or facility shall be restricted to non-motorized Boats
and Watercraft or to those equipped only with bow-mounted electric trolling motors.
SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic
Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes.
Passed upon first reading and public hearing by the City Commission of the City of Atlantic Beach this 14th day of June, 2004. Passed upon final reading and public hearing this 28th
day of June, 2004.
_________________________________
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
_______________________________
ALAN C. JENSEN, ESQUIRE
City Attorney
ATTEST :
_______________________________
MAUREEN KING
City Clerk
Ordinance 90-04-185 Page 2 of 2