Exh 3AAGENDA ITEM: Request from Ragtime to Use a Portion of the Sidewalk, at 207
Atlantic Blvd. For Cafe Style Seating
DATE: August 5, 1999
SUBMITTED BY: David E. Thompson, City Manager
BACKGROUND: Ragtime would like to obtain permission from the City of Atlantic
-- -- Beach to utilize the sidewalk area at 207 Atlantic Blvd. for
sidewalk cafe style seating. When this was discussed at the
Community Development Board Meeting on July 20, 1999,
Ragtime was referred to the City Commission for this request.
Ragtime is asking the City to allow them to use City property for
their business purposes.
The City allows the use of City property for special events each
jyear. Ragtime is asking for the usage on an ongoing basis, which
his very different from the types of usage allowed in the past.
Although there are easements provided to private companies
providing utilities, there are no other for-profit businesses currently
allowed to operate on City property.
The City allows people to rent or lease City facilities for their
personal or professional use, and this has typically been '
accomplished through written agreements. If the City is inclined to
allow for the use of the City property, staff would recommend a
contract including users fees for the use of the space.
The notes from the Community Development Board Meeting of
July 20, 1999 also include comments, both positive and negative
relative to this issue.
Staff Concerns include:
1. The sidewalks are narrow, and the outdoor seating will
hinder pedestrian traffic. Of particular concern is
handicapped access, which is already inadequate at that
~. location. Customers with tables and chairs are likely to .
interfere with access to the businesses and the' free passage . _ ~~-:. .
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_...~..._._!.__y_~__.~__ _.._
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of pedestrians, wheelchairs, etc.
2. Consumption of alcohol outside of the building; on City
property, is prohibited by City Code. The only exception(s)
provided in the Code will not apply to Ragtime.
3. Such a change will require Ragtime to obtain proper
State licensing to allow consumption off of their premises.
4. ; If table and chairs are outside, then people who bought
bricks will not be able to see them. This may result in
some public backlash to the seating.
_ _ 5. The use of City Property for a restaurant to expand their
business is likely to promote other businesses to make
similar requests. The possibilities are endless once we
open the door to this type of utilization of City Property.
6. It is difficult to visualize this set up and its potential
impact on the area. I would suggest that when the
construction in the area is completed, Ragtime may want to
actually put chairs and tables out on the sidewalk to show
~ City off cials how it will look. This would provide staff
and elected officials with a better concept of its potential
impact on the area.
7. As noted in the Community Development Board draft
minutes from July 20, 1999, some businesses nearby may
object to this change and the possible impact on their
operations.
RECONIlY~NDATION: Staff recommends the denial of this request at this time. If
and when further modifications are made to this area that
will resolve some of the concerns stated above, then the
• ~ matter could be reconsidered at a future date.
ATTACHMENT: Community Development Board Draft Minutes from July
. 20, 1999
R VIEWED BY CITY MANAGER:
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AGENDA ~~
COMMUNITY DEVELOPMENT BOARD •~
CITY OF ATLANTIC BEACH
. July 20, 1999
7:00 P.M. .
1. Call to Order
2. Approval of Minutes of Meeting on June 15, 1999
3. Recognition of Visitors
4. OLD BUSINESS
a. Application for Use-by-Exception filed by Assail Halleak to operate a retail
the and stone business at property owned by Bobby and Pauline Boenel<e known as Part
of the Castro Y. Ferrer Grant, Section 38, Township 2 south, Range 29 East and located
on Atlantic Boulevard;
b. Application for Use-by-Exception filed by Big River Breweries, Inc./Ragtime
Tavern to allow cafe style sidewalk seating at property located at 207 Atlantic Boulevard;
5. DISCUSSION }
~~
a. Traffic Patterns in Old Atlantic Beach.
b. Continued Review of Zoning Ordinance.
6. ADJOURNMENT
If any person decides to appeal any decision made by the Community Development Board
at the above meeting, he will need a record of the proceedings, and for such purpose, may
need to ensure that a verbatim record of the proceedings be made, which record shall
include the testimony and evidence upon. which appeal is to be based.
~ - . t.._. _ • 1~
. • MINUTES OF MEETING OF THE -
COMMUNITY DEVELOPMENT BOARD ~'. ~-=
OF THE CITY OF ATLANTIC BEACH, FLORIDA -
. July 20, 1999
7:00 P.M. ~ .
CITY HALL
~ /
PRESENT : Don Wolfson
Robert Frohwein
Sharette Simpkins
Mary Walker
Pat Pillmore
-- Dezmond Waters
AND George Worley, II, CD Director
Pat Harris
ABSENT Buzzy Grunthal
Chairman Don Wolfson called the meeting to order and asked for approval of the
minutes from the meeting of June 15,.1999. On motion made and seconded the minutes
were approved.
I. Application for Use-by-Exception filled by Assad Halleak to operate a retail
tiie and stone business at property owned by Bobby and Pauline Boeneke known as Part
of Castro Y. Ferrer Grant, Section 38, Township 2 South, Range 29 East and located on
Atlantic Boulevard.
Mr. Halleak introduced himself and explained that pursuant to concerns of the board
at the last meeting, he has submitted a revised site plan indicating parking spaces,
setbacks, outside storage and an on-site truck turn around at the location. He stated that
the tractor-trailer trucks de{ivering materials would be able to enter into the driveway along
the western edge of the property and back into the warehouse portion of the building.
After discussion, Mr. Frohwein moved to recommend approval of the Use=by-
Exception subject to outside storage being used only for raw materials and not discarded
materials, that tractor-trailer trucks only turn around within the property boundaries, and
that the exception be granted to the applicant only, for this location only. Mrs. Pillmore
seconded the motion and it passed unanimously
II. Application for Use-by-Exception filed by Big River Breweries, Inc./Ragtime
Tavern to aNow cafe style sidewalk seating at property located at 207 Atlantic Boulevard.
_.. .
Tom Morton introduced himself and stated that at the fast meeting the board vvas~
... 1
,
. • concerned with some legal issues that needed to be addressed before making a
recommendation. . •
Rona Brinley, owner of Book Mark, introduced herself and reiterated her concerns
~~ regarding the utilization of parking spaces located in front of her business.
The Chairman expressed concern with the proposed door opening and railings. He
stated that his observation revealed potential problems and felt it would be unwise to
recommend approval of the use-by-exception as opposed to drafting an ordinance
regarding sidewalk cafes. ;
Mr. Waters suggested that the applicant pursue the acquisition of adjacent property
for the purposes of additional parking.
Responding to questions from the board, Mr. Worley stated that Section 24-161
states that any deviation of parking requirements is to be handled as ause-by-exception.
After discussion, the Chairman moved that the board recommend denial of the use-
by-exception and Mrs. Walker seconded the motion.
Mr. Waters stated he did not favor sending a negative review to the City
Commission since conditions could be placed on the use such as parking and .wider
walkways as well as putting an ordinance in place to deal with the concept which Atlantic
Beach is ideally suited for'
Mrs. Walker stated that she felt the street should be closed to traffic before granting
a use-by-exception. She stated that it would penalize the pedestrians. She suggested to
the applicant the idea of rooftop dining.
Mr. Morton stated that when they presented this idea they assumed there would be
issues to be addressed and felt confident they could make a valid attempt to come up with
solutions.
The Chairman suggested moving toward an ordinance allowing outside seating for
special events with closed streets.
Mr. Frohwein sta#ed he wanted the board to send a favorable message to the City
Commission and submit to them a proposed ordinance regarding outside dining. He
expressed concern with the proper procedure to follow in this regard.
Mr. Worley stated that there should be an ordinance or formal agreement to allow
the use of public property similar to the Town Center Project. He stated that the
agreement would follow the granting of ause-by-exception.
Mrs. Pillmore stated she would like to see a positive recommendation and . ~-
suggested the Chairman withdraw the motion and start over. ~ ~ ---- . -
.... , ~ _
Mrs Walker concurred with a presenting a positive recommendation to the City
Commission but stated that there are some barriers that cannot be overcome until
someone builds the sidewalk out or the street is closed to traffic. '
The Chairman stated he would be willing to stipulate concerns that the board has
and relate to the City Commission that they like the :idea as a practical matter but
recommends denial of the request but at the same time to encourage proceeding with an
ordinance.
The Chairman withdrew his motion with the preface that he likes the idea of cafe-
style sidewalk seating which would be compatible with the ambience of this particular
location but has concerns with the way the use-by-exception is designed and because of
certain constraints on this location. He moved that the application for use-by-exception
to the parking requirements at Ragtime Restaurant to allow cafe-style seating at the corner
of Atlantic Boulevard~and Ocean Boulevard without providing additional parking spaces be
denied. Furthermore, his concerns raised by the neighboring business, specifically, Book
Mark, the design of the proposal regarding the hazards of limiting accessibility by
pedestrian and vehicular traffic, and the use of City property. Mrs. Walker seconded the
motion.
Mr. Waters stated that there is no private properly in front of Ragtime and the City
needs to leave unimpeded the bricks with citizens names located on the sidewalk.
~" Mr. Jensen stated that the last thing needed is another ordinance on the books. He
stated that the City does agreements with various entities for use of public property, city
rights-of-way, to-wit: gas companies, telephone companies and JEA. He stated that the
applicant is seeking a very limited, isolated instance. He stated that the resolution which
is basically an agreement between the city and the applicant. He stated that the matter on
the agenda for this meeting is strictly ause-by-exception for parking and additional #ables.
He stated the applicant would have to go to the City Commission any way to seek
permission to use publicly owned property which would be accomplished by agreement or
resolution.
After discussion, Mr. Wolfson withdrew his motion and made a new motion to
recommend to'the City Commission that the use-by-exception to the parking requirements
for Ragtime Restaurant to allow cafe-style seating at the corner of Atlantic Boulevard and
Ocean Boulevard without providing additional parking spaces be denied and Mrs. Walker
seconded the motion.
Mrs. Pillmore stated that she would like the information regarding possible planning
and coordinating with Town Center attached to the recommendation to the City
Commission.
Mr. Waters voiced his objection with the way the recommendation ended up this ~ _:
evening because the applicant would not be able to present the motion again for a period
1
r • ~
. • of one year.
Responding to a question raised by Mr. Frohwein, Mr. Worley stated that'the owner
could place 32 seats and some tables outside on his property and serve lunch and dinner
without the use-by-exception.
Mr. Frohwein stated he opposed the motion as made.
Mr. Jensen stated that he thought it advisable for the City Commission to consider
the use-by-exception and resolution or agreement at the same time.
The applicant expressed his concern that the City Commission would not hear the
.positive suggestions made at this meeting. He stated he would feel more comfortable
having a positive recommendation from this board an not just a recommendation for denial
of the requested use-by-exception.
Mr. Waters stated that he did not understand why the applicant could not go straight
to the City Commission requesting an ordinance establishing the concept in the city.
On request from Mr. Frohwein the chairman polled the members and the result was
4-2 in favor of recommending denial of the use-be-exception with Nir. Frohwein and N1r.
Waters opposed.
~- The Chairman explained to the applicant that he could withdraw his a lication at
Pp
this meeting or at the City Commission meeting. He further explained that even with the
vote for denial the applicant can still work toward the resolution wi#h the City and present
the whole concept at that meeting.
Mr. Waters questioned whether the board could grant an exception for parking for
one year only.
The Chairman read Section 24-63(6) which states that the City Commission may
as a condition to the granting of an application for permit impose such conditions,
restrictions or limitations in the use of the premises or upon the use of the premises as
requested in the application as the City Commission may deem appropriate.
After discussion, Mrs. Pillmore moved to call the vote of the motion. Thereupon, the
board voted to pass the motion to recommend denial and the motion carried by a vote of
4 - 2 with Mr. Frohwein and Mr. Waters dissenting.
The Chairman requested each member complete their findings of fact worksheets
and turn them in to the Recording Secretary.
DISCUSSION
._ .. ]..... • 1
a. Traffic Patterns in Old Atlantic Beach (Q~ ~~-li
Mr. Worley stated that the board was furnished copies of the straffic study by the
City which addressed traffic flow and parking and which was intended to address parking
problems. He stated that the study branched out to include traffic patterns and offered
some possible solutions inc{uding .re-routing of traffic by creating one-way streets and
certain traffic calming techniques. As a result of a one-way street questions from a City
Commissioner last month, the City Manager has provided them a written response and a
copy of that response was also furnished to the board members. He stated he also had
color photographs from the traffic study if anyone needed to see them.
Mrs. Pillmore stated she felt that the study was not presented to the board from a
neutral position but that the report had been conducted without interaction to change. She
stated she would rather have seen the report suggest possible changes and solutions that
the City needs to-w~rk out. She stated she felt that there are solutions and they should be
tested, specifiically, one-way streets.
Mr. Frohwein suggested that slowing down the speed with regulatory signs might
divert traffic in a different direction to roads that have a higher speed limit such as East
Coast Drive and Ocean Boulevard. He requested feedback from staff and other board
members. He stated that this is the third time this board has discussed traffic flow and no
recommendations have been made.
~~ Mr. Worley stated hat he did not believe that a significant traffic reduction cauld be
achieved by reducing the speed limit. He stated that half of speeding complaints he has
heard involve Beach Avenue because there are so many pedestrians.
Mr. Wolfson requested staff submit the matter to the Public Safety Department for
recommendations and weighted solution.
Mrs. Walker stated she could not make a recommendation until she has seen the
numbers on the matter.
Mrs. Pillmore stated that the angle parking at Adele Grage Community Center was
an excellent idea.
Mr. Wolfson suggested that Town Center designate angle parking between Ahern
and First Street and paint and stripe it accordingly.
After discussion regarding suggestions and solutions the consensus of the board
was to conduct a survey to ascertain various problems and possible solutions
M r.
calming.
^~ a.
Frohwein stated that the survey should address which areas want traffic
Continued Review of Zoning Ordinance~~.~ ~~~
......_ 1. " ~ .. .
. ~ The board agreed to meet at 6:00 p.m., August 17, 1999 to continue their discussion ~ ~ - ~. -
of the zoning ordinance. ~~~.
Mr. Worley reported that the new zoning maps were being prepared and would be
" ~ furnished to the board upon their receipt.
Mr. Worley stated he would prepare a draft letter to the City Commission
recommending a meeting of Neptune and Atlantic Beaches regarding parking and
transportation to and from Town Center.
The Chairman reported that Mr. Grunthal has asked that he be replaced and asked
the members for any recommendations they may have.
The Chairman requested staff place on the agenda for the next meeting a
discussion of a special zoning district which addresses cafe style seating, parking etc.
The Chairman reported that due to a lack of communication with JTA ruled out
potential designs for the Mayport Flyover including a clover leaf design. He stated that the
City was not involved with any"meetings or discussions,
The Chairman also shared with the members an account oz various meetings and
discussions with JTA and their proposals regarding mass transit, bus station location and
a tro{fey for Town Center,i Mayport and.the Beaches.
There being no further business to come before the board the meeting was
adjourned.
SIGNED
ATTEST
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3
July 23, 1999 '
. -
City Commission ~ -
City of Atlantic Beach
- ,.
Commissioners: ~ ~ ' •
This is a request to allotiv temporary usage of a portion~of the sidetivalk affi'onting Ragtime
Tavern, located at 207 Atlantic Blvd., Atlantic Beach~FL. The reasons far this request are
as follows:
To permit Ragtime to place tables and chairs in this area for the purpose of providing food
and beverage senzce to restaurant patrons. Please note: 'the location and exact ,
configuration of tables is flexible, and can be adjusted to address any concerns that may
• arise in the commissions' consideration of this request. Those concerns may include, but .
are not limited to: {1) providing safe and adequate public access over the existing'
sidewalk, (2) minimizing any negative impact on neighboring businesses, (3) Limiting hours
of operation for the use of this area, (4) considering design elements that compliment and
enhance the existing Totivn Center redevelopement project,(i.e.: umbrella colors, plant and
railing dividers to define usable area, etc.).
7n malting this request, it is agreed: '
1. To defend, indemnify, and hold~harmless the City of Atlantic Beach,.its officers, agefi_ts,
and employees from any and alI claims for damages for injuries to persons or property ~ -
related to or arising out of the temporary use. `.
2. To vacate the property and terriporary:use upon reasonable notice from the City to do
3. To address and incorporate any restrictions or requirements requested by the City .
Commission prior to occupying the designated area. - - ~ ~ ~.
• We would like to request that this matter be considered in conjunction yvith the _ - ~ ~ ~ ~ ~ .
Commissions review of our application fora "Use by Exception" to the parking
requirements, that was heard before the Community Developement Board ~on Jul
y~.:. .
20,1999. We additionally would like to request that both of these matters be scheduled on ~.. ~...~ -
your agenda no earlier than the August, 23,1999 City Commission Meeting.- ~. ~ ~ , ~ ~ - ~ ~ ~-
Ph1m Rmrh, 1~ cL, .. r.. o ~1~ , -
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Please Typv or Print in Znk Applloation Fee X100.00 ~ ._
APPLICATION FQR "U5E AY EXCEPTION" !I ;; r( '~ .JC'~''T nn e~ ~ C Tai
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Name and Addr+sa of Oxnrr or Tenant in Poweeaeion of Premiers: l3lliit'llti ~liC~ 1pr+nS
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Street address rnd legal dreorlption of thr premises we to xhic h thv 'Use
by Exception' iu requwstadt
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A description of thv "Use by Exception" desired, xhich shall s~p~cifically
and particularly deaeribr khr type, chareetrr and extent of the proposed
"Use by Exception':
_U~E_ b 2nC~Qf~atn_is_req~2s'tP~{ -fio allow c~~'t S-rYi•e,- 5~~~ t,t.a~k_
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Specific rraaena xhy thr applloant frrle the rrquyeat should by granted
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2oninQ Clas~ritiootiont C~_____________________ ,
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Signaturr of npplicnnt/wpplicant'a Signn ur ni o nrr~ot tl« property.
authorl2rrd agent or ^ttornry. If Appllcati o nnot. be procrsaed
~agrnt or attorney, inaludr lrtter xithout oxnsra aipnnture.
fraac applicant to that wffact.•
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FIHriI4tAS OF FACT 1
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1. Ingre:s and •gre~ar to prnpwrty wnd proposed YES HO
struoture-s is edequetw. Pwrtiaular retwreno~ is
eatde to eutawative and pedestrian swtwty sod
ccnv.nisnc*, trsttia Slav and control and wccwse
3n case of c:tastrophw~ ___ ~ ___~
~ 2. Ott-street parkin4 and lowdinq iea adequetw.
8artiaular attention iss paid to the itowr in 1.
',above, end the ecanowia, noise, glares and odor
attests of the special wxoeptiot~ on adjoining '-
properties and properties' generally in thw
di.triat=
3. Loaatiana of rwtuer and seervicw mraar ars
co^p:tibia with surrounding popertier and ar•
easily scowseiblo.`- ~ _ r__ --_.
4. Laos2lans, avmilebility taad aoapwtlbilitY of
utilitiwa are adaquatw. ___ ___
S. Type, dis~enwiona and aherwater of worewning
and buttwrinp wre wdequate. ___ _-^
b. Signs end proposed exterior 'liphtingr, ,rich
retoranae to plwrw wnd'trettio safety, ^rw in
harnany and are aospatibli rith other ¢roperti~a
in the diatriot.
?. Required yards sod other open sps~oew ar•
adequrte. ^__ ___
e. Th. us. is genwrally aoapetibi• rith adjeoent
properties sod other property in thw district. ___ ___
•cD?l1iUKITY DEYELQPMEHT BOARD R3P08T AND RSCA?Ir=ttDAYZ01i8i "~
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ACTIONS AY THE CETY CO?IME98IOltt ___ •~_'
Apri122, 1999
Mr: David Thompson '
Citv Manager
City of Atlantic Beach
Dear Chief Thompson:
Tltatt;c you for taking the time to research and discuss our idea of adding std,-walk cafe style
seating at Ragtime. At this tune I am requesting consideration of this idea by the t~ty of
Atlantic Beach. Sidewalk arfes are a desirable and integral component of the ambiattcz of
cities Iarge and small all over the world. I have enclosed same materials, which iIhtstraic a
similar situation worked out try Big River Breweries and the City of Chattanooga, Tennessee.
As you tray know. Big River is the parent compalrp to Ragtime Tavern since Jarmary 1998.
To my mind the key to this arrangement is the granting of tetuporary and provisional use of
the sidewalk to Big Rrtitr by the City. This allows the city to icrnunatc the permission at any
time with reasonable notice. Furthermore, the sidewalk seating and service areas are
implcmcntcd Kithout arty pcrntancnt fixtures.
' As we discussecL the addition of sidewalk seatitig wdtild be an ertltattcetttient to the Tawn
Center area. For mare than fifteen years Ragtime has been instnrmerstal in ertitartcing both the
quality of life and environment in our community, and we feel this project would be an
appropriate addition in those areas. After revieR~ng this irrfvrmation please contact me at
Your convenience so we may determine how to take the next step. Thanks again for your
consideration on this matter.
Sincerely,
Tom Morton
For Ragtime Tavern and Big 12iver Breweries, Inc.
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