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Item 8BAGENDA ITEM # 8B JANUARY 14, 2008 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request from Lee's Ice Cream Shop to place three tables with two seats each on the public sidewalk in front of the business, which is at the northeast corner of East Coast Drive and Atlantic Boulevard. SUBMITTED BY: Sonya Doerr, AICP ,~,p Community Development Director DATE: December 17, 2007 BACKGROUND: Lee's Ice Cream has requested approval to place three small tables with two seats each in front of their shop. The owners have stated that these would be brought indoors at the close of each business day, and that they would not be adding seats, but moving existing seats from indoors, therefore requiring no additional parking. Because this building is located at the edge of the public sidewalk, aright-of--way lease as provided for within Section 24-115 (g) of the Central Business District regulations must be approved by the City Commission in order to place these tables on the sidewalk. Lee's Ice Cream opened in August, and the owners have observed that when the weather is nice, their customers prefer to take their ice cream outside, and will often sit on the sidewalk, in the landscaping, or lean against the window sills since there is no outdoor seating in this area that is not used by smokers. Staff has noted on numerous occasions that the sidewalk and entry area around the shop is well maintained and kept in a very clean and litter free condition. This particular corner of the sidewalk is wide, and it would not appear that placement of these three tables would create any interference with pedestrians or other business entrances. Public Safety has also reviewed this request and concurs. Such activity would seem to be consistent with the types of activities that should be encouraged in Town Center and is also a common feature at ice cream shops. Staff supports this request, but does wish to note the distinction between this request and other requests to place tables and chairs along this same section of Town Center sidewalk. Staff, including the Public Safety Department, have previously objected to the placement of restaurant tables where full food service and alcoholic beverages would be served along this block of Town Center. Chapter 3 of the City Code prohibits the sale and consumption of Alcoholic Beverages on public sidewalks. Also, the proximity to parking and traffic could create safety issues along areas of the sidewalk that are not as wide as the corner in front of Lee's Ice Cream. Outdoor seating for restaurants with Alcoholic Beverage service (subject to proper DABT licensing) is permitted in the City, but this must be confined to private property. Staff submits that the nature of an ice cream parlor where customers, often families, are purchasing and consuming the product in a short amount of time mostly during day-time hours and the lack of outside food service make this more a request for outside seating than for outside restaurant seating with full food and beverage service. BUDGET: No budget issues. RECOMMENDATION: Motion to authorize the City Manager to execute aright-of--way lease in accordance with the provisions of Section 24-115(g) of the Land Development Regulations. ATTACHMENTS: Letter of request from business owner. REVIEWED BY CITY MANAGER: January 14, 2008 regular meeting AGENDA ITEM # 8B JANUARY 14, 2008 Lee's Ice Cream -The owners request approval to place three small tables with a total of six seats in this general location under the canopy. No food service will be provided, and these tables and chairs will brought indoors at the close of each business day. AGENDA ITEM # 8B JANUARY 14, 2008 Memorandum To: Sonya Doerr, Community Development Director, City of Atlantic Be h From: Christine Ottenstroer Fairman, CEO, Southern Ice Cream Group Re: Lee's Ice Cream Date: October 29, 2007 Cc: Charlotte Lombard, Director of Operations, Lee's Ice Cream Kristie Pecci, Administration, Southcoast Capital Partnership We are very excited about our new ice cream store in Atlantic Beach, on the corner of East Coast Drive and Atlantic Boulevard in Beaches Town Center. Open since mid- August, we are already building a good clientele and working hard to be good neighbors. Hopefully you've had a chance to experience some of our delicious products... if not, give me a call and we'll meet at the store to sample some soon! Our store management has asked us to make this request for some external enhancements that we think will add to the unique charm of Town Center and provide new opportunities for our visitors. Please review and advise us on the next steps in the process of gaining approval and moving forward. 1) Bike rack. Many of our guests arrive by bicycle, and often they have to place them against the pillars in front of the store. These can block the flow of foot traffic and are, in general, just in the way. We request that a bike rack be placed next to the palm tree approximately ten (10) feet from our front door. We have already secured an extra bike rack from the folks at Sea Turtle, and just need an okay from the City to place it for the convenience of all of the visitors to Town Center. Let us know how to proceed. 2) Outdoor seatins~. Much has been written recently about how attractive outside seating has added to the ambiance of Town Center. (See Shorelines, 10/03/07. "Outdoor seating gets a hearty OK." httg://www.jacksanville.com/tu- online/stories/100307/nee 204541141.shtml). We would like to add three tables and six chairs to the area immediately outside our front window, underneath the awning. The tables and chairs are attractive (see examples below), fit the community aesthetic, and will be taken inside each evening. Please let us know the appropriate steps to advance this process.