28 Sherry Drive 15-UBEX-1042 Staff Report CDB CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO 15‐UBEX‐1042
Request for use‐by‐exception as permitted by Section 24‐111 (c)(3), to permit on‐
premises consumption of alcoholic beverages within the Commercial General (CG)
Zoning District at 28 Sherry Drive.
LOCATION 28 SHERRY DRIVE
APPLICANT The Color Black LLC dba 28 Sherry
DATE July 9, 2015
STAFF JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR
STAFF COMMENTS
The applicants have recently acquired the Palms Hotel at 28 Sherry Drive. The property is zoned Commercial
General (CG) which allows hotels. They intend to make renovations and convert it to a boutique hotel. One
component of their renovation plans is to improve the interior courtyard area and convert it into an outdoor
lounge, where they plan to serve beer and wine to guests. The current courtyard has tables and is an area
where guests can conceivably drink beer and wine they purchased off site. The applicants would like to be able
to serve beer and wine as a service to guests. Renderings of their proposed design can be found in the agenda
package.
The applicants are required to get a use‐by‐exception for alcohol sales according to Sections 3‐5 and 24‐111 (c)
(3). Section 3‐5 states, “The sale of any alcoholic beverages for on‐premise consumption, including beer, wine
and liquor shall be properly licensed by the City of Atlantic Beach, and shall be limited only to restaurants,
cafes, bars and private clubs within commercial general and commercial limited zoning districts or the central
business district in compliance with chapter 24 of the city code and subject to approval of a use‐by‐exception in
accordance with section 24‐63.” The City Code has several regulations specific to alcohol sales. Section 3‐2
states that no sales or service shall occur between the hours of 2:00 a.m. and 7:00 a.m. Section 3‐7 states that
businesses that sell alcohol shall maintain sufficient lighting for safety purposes. Section 3‐8 states that alcohol
consumption can only occur inside a building, within a recreation area, or within an outdoor seating or dining
area.
The hotel is currently limited in the amount of parking spaces it can provide on‐site. According to the
applicants, there are overflow parking arrangements with the adjacent Berkshire Hathaway and the
Presbyterian Church. The parking provided on site is generally sufficient for hotel guests, but not for potential
visitors of the proposed lounge. At this time the applicants have not indicated a desire to serve outside visitors.
However, staff recommends a condition that a formal shared parking agreement be submitted to the city if the
applicants intend to serve alcohol to visitors that are not staying at the hotel. Section 24‐161 (f) (2) allows a
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shared parking agreement so long as the parking is within 400 feet, which both Berkshire Hathaway and the
Presbyterian Church are able to meet.
Additionally, due to the proximity to residential neighborhoods and a church, the city may consider placing
conditions on hours of alcohol sales and noise levels. There is one code provision which limits noise in
proximity to churches. Section 11.2 (g) states, “no person, whole on public or private grounds adjacent to any
building in which a school, church, or medical facility is in session or use, shall willfully make or assist in the
making of any noise which disturbs the peace or good order of such activity occurring within the building.”
This section provides the ability for the city to regulate any potential noise issues with the adjacent church.
Figure 1. Current Palms Hotel. View looking west from Sherry Drive.
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Figure 2. 28 Sherry aerial photo
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of a requested Use‐by‐Exception (File No. 15‐UBEX‐1042) to permit on‐premises
consumption of alcoholic beverages within the Commercial General (CG) Zoning District and
located at 28 Sherry Drive provided:
1. Approval of this Use‐by‐Exception is consistent with the intent of the Comprehensive Plan.
2. Approval of this Use‐by‐Exception is in compliance with the requirements of Section 24‐63,
Zoning, Subdivision and Land Development Regulations.
3. The requested use is consistent with Section 24‐111(c) in that the proposed use is found to be
consistent with the uses permitted in the CG zoning district with respect to intensity of use,
traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby
residential uses.
Possible Conditions:
Requiring an amended use‐by‐exception if the applicants ever seek to allow outside visitors
to use the outdoor lounge.
Consideration of conditions related to hours of sales and noise levels.
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SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of a requested Use‐by‐Exception (File No. 15‐UBEX‐1042) to permit on‐premises
consumption of alcoholic beverages within the Commercial General (CG) Zoning District and
located at 28 Sherry Drive provided:
1. Approval of this Use‐by‐Exception is not consistent with the intent of the Comprehensive Plan.
2. Approval of this Use‐by‐Exception is not in compliance with the requirements of Section 24‐
63, Zoning, Subdivision and Land Development Regulations.
3. The requested use is not consistent with Section 24‐111(c) in that the proposed use is found
to be inconsistent with the uses permitted in the CG zoning districts with respect to intensity
of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any
nearby residential uses.