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07-20-99 v 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 tile 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 delivering 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 allow cafe style sidewalk seating at property located at 207 Atlantic Boulevard. Tom Morton introduced himself and stated that at the last meeting the board was 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. He stated that he was in favor of drafting an ordinance regarding sidewalk cafes. Mr. Waters suggested that the applicant pursue the acquisition of adjacent property for the purposes of additional parking to accommodate the additional seating. 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 an 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 sidewalk cafe 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 pedestrians. She also 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 stated 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 a use-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 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 proposal 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, he is concerned with the issues 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 property 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 a resolution is basically an agreement between the city and the applicant. He stated that the matter on the agenda for this meeting is strictly a use-by-exception for parking and additional tables. He stated the applicant would have to go to the City Commission anyway 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 submit this application again for a period 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 private property and serve lunch and dinner without the use-by-exception if he met parking requirements. Mr. Frohwein stated he opposed the motion as made. Responding to a question about the timing of the application, 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 and 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 the motion recommending denial of the use-by-exception with Mr. Frohwein and Mr. Waters opposed. The Chairman explained to the applicant that he could withdraw his application at 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 with 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 exception 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. 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 a. TRAFFIC PATTERNS IN OLD ATLANTIC BEACH Mr. Worley stated that the board was furnished copies of the traffic 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 including re-routing of traffic by creating one-way streets and certain traffic calming techniques. As a result of a one-way street question 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 intention to change. She stated she would rather have seen the report suggest possible changes and solutions that the City needs to work out. She stated she felt that there are solutions and they should be tested, specifically, 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 that he did not believe that a significant traffic reduction could be achieved by reducing the speed limit. He stated that half of speeding complaints he has heard involve Beach Avenue which has a 15 mph speed limit because there are so many pedestrians. Mr. Wolfson requested staff submit the matter to the Public Safety Department for recommendations and requested 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 suggested by the study was an excellent idea. (Staff Note: The parking was suggested for Seventh Street) Mr. Wolfson suggested that Town Center designate angle parking between Ahern and First Street and paint and stripe it accordingly. Staff noted that that was proposed. After discussion regarding suggestions and solutions the consensus of the board was to conduct a survey to ascertain various problems and possible solutions Mr. Frohwein stated that the survey should address which areas want traffic calming. Staff will forward these suggestions to the Public Safety Director. a. CONTINUED REVIEW OF ZONING ORDINANCE 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 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 of various meetings and discussions with JTA and their proposals regarding mass transit, bus station location and a trolley for Town Center, Mayport and the Beaches. There being no further business to come before the board the meeting was adjourned. SIGNEDtrig,,it.. ' • ATTES