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30 Ocean Boulevard UBE-2004-01 Staff Report CDB COMMUNITY DEVELOPMENT STAFF REPORT July 20, 2004 Public Hearing UBE-2004-01, Joseph’s Pizza To: Community Development Board From: Planning, Zoning and Community Development Department City of Atlantic Beach Date: July 08, 2004 Subject: UBE-2004-01 Applicant: Suzanne L. Bateh for Joseph’s Pizza 208 15th Avenue, South Jacksonville Beach, Florida 32250 Requested Change: Request for a Use-by-Exception for On-Premise Consumption, limited to beer and wine only (2COP license) in association with a restaurant to be located within the Central Business District. Location: 30 Ocean Boulevard (location of the former Pointe Café) Existing Zoning: Central Business District (CBD) Surrounding Zoning: CG, CBD Surrounding Land Use: Retail, restaurant, office and hotel STAFF COMMENTS AND RECOMMENDATION In May of this year, the City Commission adopted revisions to Chapter 3 of the City Code, which sets forth regulations for the sale and consumption of Alcoholic Beverages. The updated provisions now require approval of a Use-by-Exception for any new location that serves beer, wine or liquor for on-premise consumption. This Use-by-Exception is requested to allow a pizza and Italian restaurant to serve beer and wine only (2COP license). While this location has been the site of other restaurants and coffee shops, the previous businesses did not serve beer and wine. Staff finds that the requested Use-by-Exception is consistent with this area, and that the service of beer and wine is typical to the proposed use. Staff recommends approval of the request. SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of the requested Use-by-Exception (File No. UBE-2004-01) for a Use-by-Exception for 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. (Provide findings of fact similar to the following, and attach other 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 Section 3-5 of the City Code. 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 consistent with the City’s Comprehensive Plan and is consistent with the Commercial General 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 the requested Use-by-Exception (File No. UBE-2004-01) for a Use-by-Exception for 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. (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 Regulations for the City of Atlantic Beach 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 General Future Land Use designation because ___________________. H:\PLANNING\USE-BY-EXCEPTION FILES\UBE-2004-01 (Joseph's Pizza)\CDB Staff Report.Doc