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03-09-87 v AGENDA CITY OF ATLANTIC BEACH March 9, 1987 Call to order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of February 23, 1987 2. Recognition of visitors 3. Public hearing on proposed special assessment project for public improvements in Section H for the purpose of receiving input as to the propriety and advisability of undertaking such project, dis- cussions of the cost thereof, and manner of payment therefor, and on the amount thereof to be assessed against each property so improved. 4. Appearances: A. Mr. Donald Wolfson to present a proposal in connection with rezoning in the north Seminole Beach area 5. Action by the City Commission on a proposal for engineering ser- vices in connection with evaluation and study of water treatment plants No. 1 and No. 2 in an amount of $5,950.00 6. Action on Exceptions: A. Public hearing on an application for exception by William and Thomas Morton, owners of Ragtime Restaurant for the purpose of upgrading their currently held beer and wine beverage use to allow the sale of distilled spirits and to approve expansion to an additional fifty seats 7. Action on Ordinances: A. Ordinance No. 90-87-118 Introduction and first reading of an Ordinance amending Chapter 24, Article III, Division 3, Section 24-63 to provide that applications for exceptions presented to the Community Development Board will require a public hearing, and setting a public hearing for March 23, 1987 B. Ordinance No. 25-87-20 Introduction and first reading of an Ordinance amending Chapter 8 to provide amendments required by the Federal Flood Insurance Program and setting a public hearing for March 23, 1987 C. Ordinance No. 90-87-115 Public hearing and final reading of an Ordinance amending Chapter 4, Zoning and Subdivision Regulations to remove references to Advisory Planning Board and Board of Adjustment and insert in their place Community Development Board 8. Action by the City Commission to accept for maintenance public facilities improvements in the following projects: A. John Tsai water and sewer improvements on Hibiscus Street, subject to receipt of warranty bond B. Lakes of Mayport water and sewer improvements including easement and bill of sale 9. Action on Resolutions: a. Resolution No. 87-9 Introduction and adoption of a Resolution authorizing not to exceed $3,800,000.00 Special Assessment Bonds 10. Miscellaneous Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT CITY HALL ON MARCH 9, 1987 AT 7 :15 P.M. V V O O PRESENT: William S. Howell, Mayor-Commissioner T T Robert B. Cook, Sr. E E Glenn A. Edwards D D William I. Gulliford, Jr. , Commissioners AND: Richard C. Fellows, City Manager M S O E Claude L. Mullis, City Attorney T C Adelaide R. Tucker, City Clerk I 0 Y ABSENT: John W. Morris, Jr. , Commissioner, Out of Town NAME OF ON EN COMMRS. N D S 0 •-- d The meeting was called to order by Mayor Howell. The invocation,offerel by Commissioner Cook was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of February 23, 1987 Motion: The minutes of the regular meeting of February 23, 1987 be Cook x x approved as written. Edwards x x Gulliford x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Recognition of visitors Er. Roosevelt Cooper asked the status of his Church's request for a light at Mayport Road and 35 Edgar St. Mayor Howell explained Mayport Rd was a State Road and we had no control over it. The City of Atlantis Beach had requested the Department of Transportation do a traffic study for a proposed light. He suggested Mr. Cooper contact DOT for additional information. • Mrs. Kennedy asked about the stop signs on Main St. she requested on February 12, 1987. She reported Mr. Braid, Director of Public Works, had advised her the city had decided not to install the signs as no one would use them. The Police Chief stated there were several speed bumps there already, but he had recommended some traffic controls be place there in the near future. 3. Public Hearing on proposed special assessment project for public improvements in Section H for the purpose of receiving input as to the propriety and advisability of undertaking such project, discussions of the cost thereof, and manner of payment therefor, and on the amount thereof to be assessed against each property so improved. Mayor Howell introduced Mr. William Weathers, Financial Advisor from Southeastern Bonds; Mr.Jerry Eckert, representing Bessent, Hammack and Ruckman, Engineers on the project, and Mr. Bill Zvara from Livermore, Klein and Lott, Bond Attorneys. He declared the Public Hearing open and invited comments from the audience comprised of approximately 150 itizens. The following property owners commented: Mr. Carl Smith, 1630 Main St. said he was told the projected assessment was $39.95 per front foot. The assessment roll projected 200 foot totaling $7,990.00, when he actually had only 100 foot frontage on Mair. PAGE TWO V V MINUTES NAME OF MARCH 9, 1987 COMMRS. M S Y N 3. Public Hearing continued Mr. Smith also asked if the homeowner would pay the same cost as Commerical )roperty owners. Mayor Howell told Mr. Smith the value of the property had nothing to do with the assessment, the assessment was strictly on the front footage. After searching the rolls, Mr. Eckert advised Mr. Smith the projected assessment for his property could be a typographical error, but he would research. Mr. Smith will contact the Mayor for discussion. Mr. Eckert explained to the audience some property owners that had acreage (example - north of Levy Road to Church Road) would be assessed on "equi- valent frontage (based on square footage)". The cost will probably be lass than the projected figures. The actual assessed value would. e based on actual construction costs and that could not be determin d''the project was finally constructed. The accuracy of the roll was based on plan sheets and scaled values. When they get into the field, there would be field measured values and would vary by a foot or so. In some areas, there are water and sewer lines. Therefor the contract cost would decrease. Mr. Eckert was asked the question "for someone who has 100' on one side of the street and 100' on the other side, would there be any difference in their assessments, or would they pay $39.95 per front foot as all others. He responded they would pay the same, $39.95 per front foot. Ir. Alan Holston, 1225 Hibiscus St. assessment showed $5,995.00 for 100' . Mr. Eckert advised that was a typographical error and should be $3,995. Commissioner Gulliford noted there was concern that had not been addressed relative to the cost at $39.95 per front foot, but "what if". He asked the Bond Attorney, Mr. Zvara to comment. Mr. Zvara announced the purpose of the Hearing was equalizing and adjusting the assessments the assess- ments currently on the books. That was different from the total project cost. The total project cost could not go up or down without holding a new Public Hearing, or in the alternative, the city would have to cover the excess cost from other financing sources. Vicki Joe Kennedy, 371 Main St. complained the city should not have voted to put liens on their property before they held the Public Hearing to see if the people wanted the improvements. She commented only one person, Mr. Fellows had been helpful in making her understand what was going on. Ms. Kennedy wanted some of the 6G gas tax to go toward paying for the improvements, as there were elderly people that could not pay, and said the Mayor told her there would be no exceptions. Mayor Howell noted he had never talked to her, and they still did not know the total price of the project, and would not until they went to bid. The City was taking the proper steps regulated by State Law. Ms. Kennedy asked if the people who pioneered the land would be reimburs- ed for building their own roads so they could live on their property ;ince the city had told them they had no money to build roads at that time. she Mayor responded in the negative. She complained that the City of Jacksonville Beach should be responsible for the damage they caused on Main Street when the outfall line was installed. Mr. Braid had told her Main St. would be put back into the prior condition by the contractor. PAGE THREE V V MINUTES NAME OF MARCH 9, 1987 COMMRS. M S Y N > - 3. Public Hearing - continued ;ommissioner Gulliford commented at that point, relative to Ms. Kennedy's comments. He had never refused to sit down and talk to any citizen at home, after a meeting, or at work. The city was only attempting to im- prove an area. There was no gain for anyone or the city. Other sections of the community had been assessed when their improvements were made. The city was looking at the proposed improvements as a possible solution to the problems they were having in Section H. He asked the audience to help solve problems and not be adversary about the proposed project. Maurice Pelletier, 800 Jasmine, asked when and where the project will start. He said his wife had been down to the axles on West 9th between Hisbiscus and Stock and also on Main St. at West 6th St. He felt they were also suffering from police protection from the bad roads. Mr. Eckert reported they were looking at probably August or September to take the plans to bid. They will allow 30-45 days upon notification to the contractors to call for bids. Sometime in Oct. or November, '87 the contract could be awarded. It should take approximately 1 to 12 years for total construction time. As to what area they would start in, he had no idea, part of that would be up to the contractor. If there were areas of concern, the Engineers could point the contractor '.n certain directions, with general limits. Mr. Pelletier asked what ould be done within the next few months for the impassable areas. Mayor Howell asked the City Manager to rent another road grader that might give some relief. Mrs. Kennedy suggested the city hire an operator to run the grader as the city employee that graded the roads recently only pushed the sand in the ditches and helped to fill them up. Mr. George Stansell, 1203 Begonia St. told the Commission he had written a letter to Mr. Fellows a month ago asking if the City would consider bringing the improvements one block west of the proposed lines to furnish water and sewer to them. Mayor Howell told Mr. Stansell the letter had been given to the Engineers for consideration. He reminded Mr. Stansell that both sides of the street would be assessed. Mrs. Bratcher, 1425 Main St. ,owner of Blks 244 and 245, lots 1,2, and 3 of each block said her assessment was 300'for a total of $11,984.00. She was told the assessment was correct as she had 140'on Stock St. and 160' on Main, a total of six lots. Mr. Ira Bratcher, 60 West 10th St. , owns both sides of the street and objected to being charged for both sides as he could not afford to pay $80.00 per ft. He had developed many subdivisions for a lot less money. ie said it did not cost as much to dig a 3' to 4' ditch as it would a 12' to 20' ditch and felt the entire project cost should be divided up for each front foot. If you were on the shallow end of the system you should pay less than a person that has the same frontage but tappened to be in a location that required a deep ditch. Mr. Eckert cold Mr. Bratcher the only equitable way was to take the total cost and divide it by the total frontage. Everyone was getting the same service and should pay the same cost. PAGE FOUR V V MINUTES NAME OF MARCH 9, 1987 COMMRS. MSYN Public Hearing - continued Mr. Bratcher informed the Commission of the need for stop signs in the area of Orchid, Main and 10th Streets. The City Manager promised to put stop signs on 11th when Mr. Bratcher opened the street he had built, but there were no signs as yet. The school bus loads and unloads at the end of the street and it was very dangerous. One car turned over while burning rubber on Orchid. Mr. Bratcher called the Police Dept. but no one came. He cited another example of some fellows that tore up his garden while speeding on Saturday, and he called for help. While wait- ing for the police, he chastised the young fellows for tearing up his garden. When the policeman arrived it was raining and he remained in his car. He told Mr. Bratcher to "just shut your mouth, I don't give a damn". Mayor Howell asked Mr. Bratcher for the policeman's name, and he would personally take the remarks up with the Police Chief the next morning. Mr. Bud Miller, Hisbiscus St. ,owner of Lots 229 and 230 advised he had already paid for and installed a 2" water line for his two blocks. He asked if they had to install a larger line would he have to pay. Mayor Howell advised Mr. Miller if he had already paid for a water line, some adjustment should be made. The city was aware there were some lines in certain areas, but he did not know what type of adjustment would be made at the present time. Mr. Miller asked if they had to hook up to he sewer system immediately or could they wait until they had septic tank problems to hook up. Mayor Howell responded the law stated when sewer was available you must hook up, but he was of the opinion where people had working septic tanks, the city should not force them to hook up. When a septic tank is no longer in working order, they cannot be repaired. Cindy Voutour, 570 Orchid St. did not want to hook up as she had good good water in her well, and did not want to pay $17.00 mo.for water she didn't need. Mayor Howell told her the city would work with the people in every possible way. Personally, he felt if people had working wells and septic tanks, he wanted to let them alone until such time as they needed it. Everyone would still be assessed even if they did not hook up when the lines were available. Ms. Voutour asked at what point the property owners would be assessed, and Mr. Mullis responded it would be payable over a certain number of years. The revenues to pay off the bonds from the water and sewer system were not pledged as security for those. That gave the Commission the latitude and flexibility when the bids do come in, of trying to work out a fair and equitable payment. Mayor Howell added to Mr. Mullis' comments, all of the gas tax was being pledged to pay the bonds. 4r. Mullis pointed out the purpose of the meeting that night was to hear input such as the above mentioned speakers as to the fairness and equi- table proration of cost of improvements, and actual cost would be de- ermined after bids for construction cost had been received. No one would _lave an assessment on their property until construction was completed. The city realized some elderly people living on a homestead couldn't pay, and they were attempting to work something out with them also. PAGE FIVE V V MINUTES NAME OF MARCH 9, 1987 COMMRS. MSYN Public Hearing-continued :n response to Ms.Votura's question on how they would be assessed, Mr. Zvara told her they had a choice for payments: Pay the total at once, or pay over a time. Part of the meeting that night was to offer the ability to collect the same way as property taxes. If you had a standard first mortgage, it probably would be in an escrow type of account with their bank. He did not think there was a mandatory water hook-up requirement. The structure provided payments could be over eighteen (18) annual installments. The annual installments do not start until the project is finished, which would probably be two years down the road. The interest rate would be 1% over the bond interest rate to comply with State Law. Unknown at the present time. The day the bonds are sold, the city could give the specific interest. The estimated rate for the projection was 7.40%, however rates have decreased. 'he question was asked what would happen if the bids came in at $51.00 per front foot. Commissioner Gulliford responded until the bid was award- ed nothing was irreversible. Another Public Hearing would be held and the public would have the right to voice their opinions. The City could go back to square one or absolve the extra cost. Discussion was held on the possibility of holding a referendum and let the people vote on the issue. They were told it would have to be city wide. No objections. Mr. 0.C. McBride, 1285 Camellia St. bought his lot 18 months ago. He was told at that time he could put a well down. He talked to the man that ran a water line down the street and he would let you hook up. Mr. McBride would have to pay the man his price to run the line. He went to the city and they told him he couldn't do that. If the water line was put in it became city property. Everyone told him something different and he ended up putting in a 2" line to serve only himself. Now he would have to pay more to put in the larger line. The question was asked if the property owners would have the option as to which side of their property would be torn up when they hooked up to the :ity system. Mr. Eckert said existing conditions would be taken into account. He didn't want people to have to cross their paved driveways. Mr. George Stansell, Main St. told the Commission and audience if the >roject did not go through as planned, the entire subdivision of Section d would go down rapidly. Carolyn Sigmund, 439 W. 9th, complained trucks were continually tearing up the streets. The situation needed to be corrected now, not next year. PAGE SIX V V MINUTES NAME OF March 9, 1987 COMMRS. MS Y N Public Hearing continued 1r. Ralph Floyd asked the amount to be charged for a house on an acre of land. The Mayor stated the charge would be by the front foot. Mr. Douglas Wilson, 1020 Main St. asked if the assessment covered hookup charges to the house. He was told the assessment would cover everything but his hookup. Mr. Donald Dagley, owner of Blk 122 on Camellia St. , asked if you could be exempted from assessments as the end of his land ran into the swamp. He asked if they planned to pave Camellia St. Mr. Eckert said the street was platted and would have to be secured in order to construct the street. There would be no exemptions if the streets were paved. Mrs. Ruth Bratcher, 790 Mayport Rd. ; owner of property at 1970 Park St. ; Shirley Taylor, 9th and Camellia, and Hattie Mae Read, 50 Dudley, all complained about the present roads and the city not cleaning out the ditches. Hattie Mae asked for a street light as it was very dark. Mayor Howell told her approximately 27 lights had been ordered to go in that area. Mr. Leon Beasley, 365 W. 3rd St. did not want the improvements. If they -Paved his street it would be a speed trap. Mr. Val Wilcox, 750 W. 14th asked the maximum amount they would be charged. He was told the charge could not exceed $39.95 per front foot without another Public Hearing. Mr. Eckert stated he was making every attempt possible to estimate on the high side to make sure they would not have any surprises. Hopefully, the final numbers would be less than $39.95. The Pastor of the Community Baptist Church, 84 Lewis St. asked for a street light for their church. Mr. Bill Turner,356 Main, commented you were now penalized if you lived at the beach. He moved here in 1958 and paid his taxes every year with no benefits, and felt the assessment was too high. Mr. Mullis said in the City of Jacksonville two years ago they had a $30,000,000 bond issue on a special assessment program that rolls over every five years. Mr. Larry Williams, owner of Blk 165, built his house in the middle of the block and felt he should not have to pay for six lots as the rest of the lots were only his yard. They would not be developed. Mayor Howell told him the last time they assessed property owners, they allowed the property owner to have only one stub out if he so desired, but the line still had to go across the entire property. Some owners are sorry now they requested only one stub, as they are selling some of their lots and are paying much more for the stub outs. 4r. Eckert responded to the question of the duration of the contract that he did not know, probably 12 to 18 months. As no one else spoke for or against, the Mayor declared the Public Hearing closed. PAGE SEVEN V V MINUTES NAME OF MARCH 9, 1987 COMMRS. MSYN Mayor Howell called for a five minute recess at 9:10p.m. 'he Mayor called the meeting back to order at 9:15p.m. Motion: Instruct the Engineers to make adjustments, etc. for Cook x equalizing the roll on those specific matters that Edwards x x have been brought up tonight by various property owners Gulliford x x and between now and the next meeting on March 23,1987 Howell x any other property owners with specific problems should contact City Hall. The Engineers will report back on March 23, 1987 with corrections. Mr. Mullis told the engineer the specific corrections would be the typo- graphical errors and the unusual and irregular shaped lots. Any other complaints received by March 20th will be also be corrected. The question was called and the motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ;: * * * 4. Appearances: A. Mr. Donald Wolfson to present a proposal in connection with rezoning in the north Seminole Beach area 'iayor Howell announced he had received a letter from Mr. Wolfson stating [Lie to several reasons, he did not believe they were prepared to proceed with their request to rezone the area in North Seminole Beach, and there- for he withdrew his request to rezone. 5. Action by the City Commission on a proposal for engineering services in connection with evaluation and study of water treatment plants No. 1 and No. 2 in an amount of $5,950.00 Mayor Howell told the Commission the proposal was for the city's Systen on Mayport Road. Motion: Authorize the expenditure of funds for engineering services Cook x relative to evaluation and study of water treatment plants Edwards x x No. 1 and No. 2 in an amount of $5,950.00. Gulliford x x Howell x Following discussion, the question was called and the motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * ;; * * * * * * * 6. Public Hearing on an application for exception by William and Thomas Morton, owners of Ragtime Restaurant for the purpose of upgrading their :urrently held beer and wine beverage use to allow the sale of distilled spirits Mayor Howell announced Mr. Morton's request had been considered by the ;ommunity Development Board who recommended approval. The Community Development Board granted to the Ragtime Restaurant the authority to ir- crease the size by 50 additional seats. They were asking the City Commiis- sion for an exception for the purpose of applying for COP consumption en premise license from the State of Florida. A lengthy discussion followed PAGE EIGHT V V MINUTES NAME OF MARCH 9, 1987 COMMRS. M S Y N 6. A. Public Hearing - continued n the Community Development Board's authority to grant the variance. The variance was granted on the fact the additional 50 seats could not be opened until 5:00 p.m. Mr. Morton said that was correct, there would be a door installed in the new addition at the left of the main entrance and would be closed until 5:00 p.m. There was also a provision Mr. Morton would install a rear entrance to the new addition. Commissio-ier Cook noted it was his understanding they were going to expand only to the next unit, but the drawings showed they would expand to the Bounty. Mayor Howell then opened the floor for a Public Hearing and invited comments from the audience. Mr. Ron Gray, 63 Beach Avenue, spoke for Mr. John Pozanski, North Seminole Beach, and himself. It was his under- standing before you could hold a Public Hearing on a zoning request, there must be 30 days posted notice. Mr. Fellows said if the request for rezoning was initiated by the Governing Body, 30 days was required. Mr. Gray said the Community Development Board had not been in existence for 30 days. The initial hearing came before the Advisory Planning Bd. of which he was a member, and Mr. Morton requested his request be with- drawn at that time. It was deferred until the Community Development Board met. Mr. Fellows advised Mr. Morton had not applied for rezoning, just a variance. The 30 day requirement does not apply to applications for exceptions and variances, only rezoning. Mr. Gray questioned the 5 day requirement for posting. Mr. Fellows reported the Advisory Planning Board met on January 20, 1986 and Mr. Morton left the appli- cation pending and appeared before the Community Development on Feb. 17, 1987. One notice was posted at the old beauty shop (Ann's Crystal Room) which Mr. Fellows assumed was sufficient. Mr. Gray stated, accord- ing to the code, Mr. Morton was required to have 75 parking spaces. At the best, he could only come up with 34. There was just not enough parking spaces, and a traffic hazard had been created. Mr. Gray stated he was all for progress, but felt an exception should be granted for hardships. Ragtime had been very successful, and do a good job. They are also a credit to the community, but he did not see any hardship for them being granted the exception. Mr. Morton said the Merchants Association met and did not object to the expansion, and he felt they had adequate parking. Mr. Val Wilcox voiced approval of Mr. Morton's request for exception. As no one else spoke for or against, Mayor Howell declared the Public Hearing closed. Motion: Defer action on Mr. Morton's request for an exception Cook x until the next meeting. Gulliford x Commissioner Gulliford told the Commission in light of the letter ;ommissioner Morris had written to Mr. Fellows relative to the above, ae felt Commissioner Morris should have the opportunity to participate in the final vote. Commissioner Morris did not attend the meeting due to the fact he was out of town on an emergency. The Commission agreed. Following discussion, Commissioner Gulliford moved an amended motion. PAGE NINE V V MINUTES NAME OF MARCH 9,1987 COMMRS. MSYN 6. A. - continued Amended Motion: Defer action on Mr. Morton's request for an Cook x x exception until a Special Meeting next Monday night, Edwards x March 16, 1987, called for the purpose of discussing Gulliford x x the request. Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Howell asked that item 9A - Action on Resolution 87-9 be moved up. He suggested in as much as they had already advised the Engineers to come back at the next meeting with the various adjust- ments brought up that night, plus any that will come up in the next few days, that Resolution NO. 87-9 be passed over. Motion: Defer action on Resolution No. 87-9 until the next Cook x x regular meeting on March 23, 1987. Edwards x x • Gulliford x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Action on Ordinances A. Ordinance No. 90-87-118 - First Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24 ARTICLE III, DIVISION 3, SECTION 24-63, SUBPARAGRAPH (3) TO PROVIDE FOR A PUBLIC HEARING BEFORE THE PLANNING AGENCY (COMMUNITY DEVELOPMENT BOARD) ON APPLICATIONS FOR EXCEPTIONS; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented Ordinance No. 90-87-118 in full, in writing, on first reading. Motion: Passage of Ordinance No. 90-87-118 on first reading. Cook x x Edwards x No discussion before the vote. Motion carried unanimously. Mayor Gulliford x x Howell set the Public Hearing for March 23, 1987. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Ordinance No. 25-87-20 - First Reading 1N ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, ?LORIDA; AMENDING CHAPTER 8, SECTION 8-1, DEFINITIONS; TO ADD A DEFINITION FOR LOWEST FLOOR; MEAN SEA LEVEL; START OF CONSTRUCTION; VIOLATIONS; AND WATER SURFACE ELEVATION; AMENDING SECTIONS 8-7 TO ADD SUBPARAGRAPH 6 TO PROVIDE USE OF OPENINGS IN ENCLOSURES BELOW A STRUCTURE'S LOWEST FLOOR; ?ROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 25-87-20 on first reading. PAGE TEN V V MINUTES NAME OF MARCH 9, 1987 COMMRS. MSYN 7. B. - continued Motion: Passage of Ordinance No. 25-87-20 on first reading. Cook x Edwards x x No discussion before the vote. Motion carried unanimously. Mayor Gulliford x x Howell set the Public Hearing for March 23, 1987. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 7. C. Ordinance No. 90-87-117 - Public Hearing and final reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, SECTION 24-17, TO RE-DEFINE PLANNING AGENCY AND VARIANCE TO ELIMINATE REFERENCE TO THE ADVISORY PLANNING BOARD AND BOARD OF ADJUSTMENT; AMENDING SECTION 24-47, SUBPARAGRAPH 6 AND 10 TO REPLACE THE BOARD OF ADJUSTMENT WITH THE COMMUNITY DEVELOPMENT BOARD; AMENDING SECTION 24-48 TO PROVIDE THE COMMUNITY DEVELOPMENT BOARD AS THE LOCAL PLANNING AGENCY; AMENDING SECTION 24-49 TO REPEAL THE PROVISIONS HAVING TO DO WITH THE BOARD OF ADJUSTMENT AND SETTING FORTH THE POWERS • AND DUTIES OF THE COMMUNITY DEVELOPMENT BOARD AS PROVIDED FOR IN CHAPTER. 14 OF THE CODE; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 90-87-117 on final reading. Said Ordinance was posted in line with Charter require- lents. The Mayor opened the floor for a Public Hearing and invited comments from the audience. As no one spoke for or against, the Mayor declared the Public Hearing closed. Motion: Passage of Ordinance No. 90-87-117 on final reading. Cook x x Edwards x No discussion before the vote. Motion carried unanimously. Gulliford x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x 8. Action by the City Commission to accept for maintenance public facilities improvements in the following projects: A. John Tsai water and sewer improvements on Hibiscus St. , subject to receipt of warranty bond. Mr. Fellows reported receipt of all the documentation on the improve- ments with exception of the maintenance bond. Motion: Accept John Tsai water and sewer improvements on Hibiscus Cook x St. , subject to receipt of warranty bond. Edwards x x Gulliford x x lo discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Lakes of Mayport water and sewer improvements including easement and )ill of sale. Mr. Fellows reported Lakes of Mayport was in the Buccaneer District and were in a developer agreement that did not require a maintenance bond. He had received all other documentation. PAGE ELEVEN V V MINUTES NAME OF MARCH 9, 1987 COMMRS. MS Y N ------------------ 8. B. - continued Motion: Accept Lakes of Mayport water and sewer improvements, in- Cook x cluding easement and bill of sale. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * ;; * ;; * * * * * * * * * 9. Item taken up earlier on the agenda. t-,% = gSz `� 6"""4-777: - 10. " '-777:10. Miscellaneous Commissioner Cook asked if it would be possible to hold some meetings to answer questions on Section H and have Mr. Weathers, Mr. Eckert, and the City Attorney present. He suggested the city send notices to the property owners inviting them to come to City Hall. Motion: Take the necessary steps to prepare mailing labels and Cook x x notices, and ask the City Manager to contact those people Edwards x to set up not one, but possibly two dates in the immediate Gulliford x x future. Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * *- * * * * * * * * * * * * * * * * * * * * * * * ,. Mr. Fellows reported two meetings ago the city accepted an offer from the Department of Community Affairs for $4,200 in reserve planning funds. He requested authority to execute the agreement. Motion: Authorize the City Manager to execute the agreement with Cook x the Department of Community Affairs on behalf of the city Edwards x x in the amount of $4,200.00. Gulliford x x Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Howell advised that he, Commission Edwards, Mr. Mullis, and the Mayor of Baldwin appeared before the Duval Delegation to discuss the anti-annexation bill introduced by Senator Girardeau. The Delegation voted not to pass the bill. There being no other business to come before the Commission, the Mayor declared the meeting adjourned at 11:10 p.m. William S. Ho -11 ATTEST: Mayor/Presiding Officer Adelaide R. Tucker City Clerk Section 24-48. Planning Agency The Advisery-Plena}ng-Beard Community Development Board, as estab- lished by the City Commission ander-the-Gity-Gherter, shall serve as the planning agency and shall have the following duties and responsibil- ities: (1) To review those matters referred to the planning agency and to hold regularly scheduled meetings for the purpose of reviewing such documents; (2) To review site plans for all proposed subdivision development redevelopment, including planned unit developments, in the City; (3) To transmit to the proper governmental bodies, agencies or departments the written recommendation of the planning agency, where the recommendations are called for by this chapter; (4) To provide for internal procedures, with the assistance of the administrative official, required to carry out the intent of this article. Such procedures shall include deadlines for filing applications prior to regularly scheduled meetings to allow time for adequate review and the preparation of a written report and recommendation of each application. Section 24-49. Beard-a€-Adiustment Community Development Board. The Beard-a€-Adjustment Community Development Board, es-estebllshed by--t4 -Guy--€-he--tee; shall be appointed by the City Commission. The organization and procedures under which this board operates, its ar- rangement of meetings, adoption of rules and its method of handling appeals, variances or other related matters shall be in conformity with the provisions of the-Ghertet Chapter 14 of this Ordinance Code. (1) Power and Duties. The--Bo d -e-€-A }trst-went---ahell--have--t-+e fellewing-thit4-ee--en-d--powes: The Community Development Board may: a. Te Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or deter- mination made by the administrative official in •the enforcement of this chapter; b. Te Authorize, upon appeal in specific cases, and upon findings of fact, such minor variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship. In order to authorize any variance from the terms of this chapter, the Beard-orf Adluetment Community Development Board must find that: 1 . Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, struc- tures or buildings in that same district. c. In granting any variance, the Beard-ef-Adiustment Commu- nity Development Board may prescribe appropriate con- ditions and safeguards in conformity with this division and any ordinance enacted under its authority. Violation of the conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. d. Under no circumstances, except as permitted above, shall the Beard-ef-Adiustment Community Development Board grant a variance to permit a use not generally permitted or permitted by exception in the zoning district involved or any use expressly or by implication prohibited by the terms of this chapter in the zoning district. No noncon- firming use of neighborhood lands, structures or build- ings in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for authorization of a variance. e. In exercising its powers, the Beard-ef-Adlustment Commu- nity Development Board may, upon appeal and in conformity with provisions of this division, reverse or affirm, wholly or partly, or may modify the order, requirement, devision or determination being appealed, and to that end shall have the powers to direct the issuance of the necessary permit. 2. Appeals of Administrative Actions. Appeals to the Beard--of Adiastment Community Development Board may be taken by any person aggrieved or by any officer, board or department of the city affected by any decision of the administrative official under this article. Such appeal shall be taken within thirty (30) days after rendition of the order, requirement, decision or determination appealed from by filing with the officer from whom the appeal is taken and with the Beerd--erf--M tmeft Community Development Board a notice of appeal specifying the grounds thereof. The appeal shall be in the form prescribed by the rules of the board. The administrative official shall, upon notification of the filing of the appeal, transmit to the Beard--e --Aci-j-u-s-t-men-t Community Development Board, all the documents, plans, papers or other materials constituting .the record upon which the action appealed from was taken. a. Stay of work. An appeal to the Beard-- f--Aflitts-tfex-t Community Development Board stays all work on the prem- ises and all proceedings in furtherance of the action appealed from, unless the administrative official shall certify to the Beard--e4-4AittlAttreflt Community Developmeny Board that, by reason of facts stated in the certifi- cate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order, which may be granted by the Beard-a€-Adiustmeat Community Development Board er- -- +* -e€-reeerd-en after application;-ef1--ro-t4e to the officer from whom the appeal is taken and on due cause shown. b. Hearings of Appeals. The Beerd-orf-A:d,ir s-t retrt Community Development Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent or by attorney. 3. Appeals of Decisions of the Beard-- -Adjust-meet Community Development Board. Any person or persons, jointly or several- ly, aggrieved by any decision of the Beer4--e€--Ac}-jrs-t-men-t Community Development Board or any taxpayer, or any officer, department, board or bureau of the City Commission, may present to a-eeti--t--of---r—eeerd the City Commission a petition, duly verified, setting forth that such -decision is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the eetrrB Commission within thirty (30) days after the filing of the decision in the office of the board. 4. In exercising the powers granted by this ehepter section, the Beard—of—AEU-Hutment Community Development Board, by the concurring vote of the majority of members, may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made, and to that end shall have all the power of the official from whom the appeal is taken. Rulings and decisions of the Beard--of-Acl s.tmeft Community Development Board shall become effective ten (10) days after the date of such ruling or decision. Section 2. This Ordinance shall take effect upon its adoption. * * * * * * * * * * * * * * * Approved by the City Commission on first reading Approved by the City Commission on second & final reading • William S. Howell, Mayor, Presiding Officer Approved as to form and correctness: Claude L. Mullis, City Attorney ATTEST: Adelaide R. Tucker, City Clerk AMENDED AGENDA - Amended relative to Item 6A AGENDA CITY OF ATLANTIC BEACH March 9, 1987 Call to order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of February 23, 1987 2. Recognition of visitors 3. Public hearing on proposed special assessment project for public improvements in Section H for the purpose of receiving input as to the propriety and advisability of undertaking such project, dis- cussions of the cost thereof, and manner of payment therefor, and on the amount thereof to be assessed against each property so improved. 4. Appearances: A. Mr. Donald Wolfson to present a proposal in connection with rezoning in the north Seminole Beach area 5. Action by the City Commission on a proposal for engineering ser- vices in connection with evaluation and study of water treatment plants No. 1 and No. 2 in an amount of $5,950.00 6. Action on Exceptions: A. Public hearing on an application for exception by William and Thomas Morton, owners of Ragtime Restaurant for the purpose of upgrading their currently held beer and wine beverage use to allow the sale of distilled spirits 7. Action on Ordinances: A. Ordinance No. Introduction and first reading of an Ordinance amending Chapter 24, Article III, Division 3, Section 24-63 to provide that applications for exceptions presented to the Community Development Board will require a public hearing, and setting a public hearing for March 23, 1987 B. Ordinance No. 25-87-20 Introduction and first reading of an Ordinance amending Chapter 8 to provide amendments required by the Federal Flood Insurance Program and setting a public hearing for March 23, 1987 C. Ordinance No. 90-87-115 Public hearing and final reading of an Ordinance amending Chapter 4, Zoning and Subdivision Regulations to remove references to Advisory Planning Board and Board of Adjustment and insert in their place Community Development Board 8. Action by the City Commission to accept for maintenance public facilities improvements in the following projects: A. John Tsai water and sewer improvements on Hibiscus Street, subject to receipt of warranty bond B. Lakes of Mayport water and sewer improvements including easement and bill of sale 9. Action on Resolutions: a. Resolution No. 87-9 Introduction and adoption of a Resolution authorizing not to exceed $3,800,000.00 Special Assessment Bonds 10. Miscellaneous Adjournment / 1TAc1-IMl t 7 3 -G - 37 PETITION Date: March 13, 1987 To: The City Commission City of Atlantic Beach, Florida From: John Morris, Commissioner Subject: PETITION TO APPEAL DECISION OF THE COMMUNITY DEVELOPMENT BOARD SEEKING REVERSAL OF THE VARIANCE GRANTED FOR OFF-STREET PARKING The Honorable Members of the City Commission: Pursuant to Chapter 24, Section 24-49 as amended in Ordinance No. 90-87-117 , I formally petition the Commission to appeal the decision of the Community Development Board in an action taken February 17, 1987, which "approved an application for variance of the parking requirements at Ragtime Tavern at Atlantic and Ocean Boulevards which would permit expansion into the adjacent unit and an additional 50 seats." (See 2-18-87 memorandum from the Community Development Board to the Commis- sion) . This petition to appeal is based in part on the grounds that the deci- sion is illegal for the following reasons: 1. Section 24-17 Variance "A variance may be authorized only for height, area, size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in the zoning district or in adjoining district." A. Action taken for variance of parking is not allowed under the definition of variance (See definitions Section 24-17) . B. Expansion of a use otherwise prohibited shall not be allowed by variance. Parking requirements (for restaurants) are in Section 24-161(15) . 2. Section 24-49 b. "Authorize, upon approval in specific cases, and upon findings of fact, such minor variances from the terms of this chapter as will not be contrary to the public interest. . . . . . etc." A. A minor variance is hardly a 33% increase in seating. A minor variance for parking is hardly a 41 space shortage when the 150 seat requirement is for 75 parking spaces. 3. Section 24-49 b. ". . . . . .In order to authorize any variance from the terms of this chapter, the Community Development Board must find that: (Section 24-49 b.2.) "the special conditions and circum- stances do not result from the actions of the applicant," (Section 24-49 b.3) "Granting the variance will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district." A. The applicant is requesting expansion as a direct result of his action - they're successful and need more space. B. To grant the variance will give the applicant a special privilege - waiver of parking requirements for restaurants and bars in CG zoning. 4. In 1985 the Board of Adjustments granted a variance to Ragtime for expansion - varying the setback of their building from 20 feet to 82 feet in the rear which allowed the expansion. They also varied the parking requirements to accommodate the expansion subject to certain conditions (see Board of Adjustment Minutes 4-18-85) (1) Sufficient lighting in the rear, (2) Easterly parking spaces to be marked for parallel parking rather than angle parking, (3) Mr. Morton guide his customers to the off-street parking (4) the Police Department be consulted to determine the proper parking in that area. According to 24-49(1)c. "In granting any variance the Board of Adjust- ment may prescribe appropriate conditions and safeguards in conformity with this division and any Ordinance enacted under its authority. Violation of the conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter." While I do not recognize the power of the board to grant parking vari- ances, I do recognize the fact that Ragtime has been "allowed" to operate and expand under these variances - but I submit, they have not met the conditions of (1) and (3) above (I don't have information on (4)) , and therefore are in "violation" as stated in 24-49(1)c. As to the recommendation for approval to allow Ragtime Tavern to expand their current beer and wine license to include on premise consumption of liquor, the request becomes moot subject to the outcome of this appeal. In any event, I feel the board has not properly considered the guide- lines for such a request and would hope they reconsider this request in light of the Ordinances governing the request and actions taken since 1983 on similar requests. Respectfully John Morris We have signed below to indicate our opposition to the proposed parking variance for Ragtime Restaurant. When the first variance was granted for their expansion a shortage of thirteen parting spaces was created. If Ragtime • expands again to a 150 swat restaurant with a full service bar, they will be 41 spaces short of what they need to accomodate their_clientele. Parking is already extremely limited. Local Merchants, residents, and shoppers have been significantly inconvenienced be lack of available spaces. The owners of Ragtime are requesting a varience that would make the problem even worse. The expansion of the restaurant will also change the "Mix" of the establishments in Atlantic Landing, by eliminating at least one exsisting " retail store and one available retail space. For these reasons we strongly urge you to vote NO on the requisted variance for Ragtime parking, and maintain the special nature of Atlantic Landing shopping area. NAME ADDRESS t A/c= /'un(3 13e.V\. • 411/4-4-e-id kl/h gal-Y10-- n ()Okinb ecin, C /( /701,62r (1/44..e%_ • re We have signed below to indicate our opposition to the proposed parking variance for Ragtime Restaurant. When -. the first variance was granted for their expansion a shortage of thirteen parking spaces was created.If Ragtime • expands again to a 150 seat restaurant with a full service ' bar, they will be 41 spaces short of what they need to . accomodate their. clientele. Parking is already extremely limited. Local Merchants, residents, and shoppers have been significantly inconvenienced be lack of available spaces. The owners of Ragtime are requesting a 'varience" that would make the problem even worse. The expansion of the restaurant will also change the "Mix" of the establishments in Atlantic Landing, by eliminating at least one exsisting retail store- and one available retail space. For these reasons we strongly urge you to vote NO on the requisted variance for Ragtime parking, and maintain the special nature of Atlantic Landing shopping area. NAME ADDRESS N-5(Lie Of/lie-67P f 9,y k' vvi —�W /ea/4 7711)4<.,n PW '"" y 4 LZ "lt% 94fie4-si- /`//4/‘"'-'2- P air 4 1C-L(' 70(0 kr i \05 ori ?PA- A):rci2(14 -0;Z'SV a949 2- 2- r �oc444 �.C6)1 :VY "C� r lAarok/A--//3/07( 3.7.)7/ We have signed below to indicate our opposition to the proposed parking variance for Ragtime Restaurant. When the first variance was granted for their expansion a shortage of thirteen parking spaces was created. If Ragtime expands again to a 150 seat restaurant with a full service bar, they will be 41 spaces short of what they need to accomodate their clientele. Parking is already extremely limited. Local Merchants, residents, and shoppers have been significantly inconvenienced be lack of available spaces. The owners of Ragtime are requesting a varience that would make the problem even worse. The expansion of the restaurant will also change the "Mix" of the establishments in Atlantic Landing, by eliminating at least one exsisting retail store and one available retail space. For these reasons we strongly urge you to vote NO on the requisted variance for Ragtime parking, and maintain the special nature of Atlantic Landing shopping area. NAME ADDRESS Zubte> r_3/ )q--Tc f.,,_ trytzsi F - g Zz?3 Goa- 4/ JAS a R_ 1:7 OLAA,/14(.1 /// 7 _,(/,‘ x ?c, fi / -� 532r /,/ gar 2(/ 1/- 3 2.240.7,6.7e4_ 1/r/ 14) t13,3-5 /A) i4Aro Buo/So ) i iA,G, Q-0- Ii\KJ \c"4-7\ _ON 911aCC4 C") '3 'z'cz1) lfiqio-e . /I°°6:< )k 4 / 136/ We have signed below to indicate our opposition to the Proposed parking variance for Ragtime Restaurant. When the first variance was granted for their expansion a shortage of thirteen parking spaces was created. If Ragtime • expands again to a 150 seat restaurant with a full service bar, they will be 41 spaces short of what they need to accomodate their clientele. Parking is already extremely limited. Local Merchants, residents, and shoppers have been significantly inconvenienced be lack of available spaces. The owners of Ragtime are requesting a varience that would make the problem even worse. The expansion of the restaurant will also change the "Mix" of the establishments in Atlantic Landing, by eliminating at least one exsisting retail store and one available retail space. For these reasons we strongly urge you to vote NO on the requisted variance for Ragtime parking, and maintain the special nature of Atlantic Landing shopping area. NAME ADDRESS -S� Cc) y , )s as pn y iea S T. --� 531� //nda- COniie // 574EFiJH / gre aneRsherry Yilieit Ltirr Sada .,iE 4,, .41 �I/ RQ1)±-' 472AA4Lt- c 1(0 A fin :,, n►�i�. a030G'J c t A S F / v0c1 (Lczs1 d't� o 0 v 3 A-V' i 13 Co cc 2_14 0 lie- ki 4--3 Oft r /S —N. SD kttl -SP- ) 4342157) • We have signed below to indicate our opposition to the proposed parking variance for Ragtime Restaurant. When the first variance was granted 'for their expansion a shortage of thirteen parking spaces was created. If Ragtime _ • expands again to a 150 seat restaurant with a full service bar, they will be 41 spaces short of what they need to accomodate their clientele. Parking is already extremely limited. Local Merchants, residents, and shoppers have been significantly inconvenienced be lack of available spaces. The owners of Ragtime are requesting a varience . - that would make the problem even worse. The expansion of the restaurant will also change the "Mix" of the establishments in Atlantic Landing, by eliminating at least one exsisting retail store and one available retail space. For these reasons we strongly urge you to vote NO on the requisted variance for Ragtime parking, and maintain the special nature of Atlantic Landing shopping area. NAME / ADDRESS 922.73 '67.-1 (/i /3 SJ rj f '`� lir 3 yY // ...5414/e/f, A. i ' ---- A6v 1// .1_,_/ r I /i2i/ s c. Fr /0. 6?-.I ' 0 . / r JO 7 3r / , / ' /3/5 ��F.�,/3rc�-z-e= /i 1/F— .i, L3 301 f), f <<� 6c' Fc . pi 0([0„........ (aditi,-- Th. , 3 � . � I 1 �ID gefu,c) r 69 06 11aic e—�-\ Q.{1-t tp Q --xi. • g C)or - c...., / //\ 3ca� 6a -� Lh, A1. Sch, . '. � . OOP' 3.223,5 . / ,0;I,,, g cA,/%2J4/v 3 Cay= 40 , 4,trze k," I 4_/...e-A.._ , --w,--iKapr - ,- - Z------ . ",' ) • „pry- 3/{) S--ed' i -.1,1 ci7 1_c°of./ We have signed below to indicate our opposition to the proposed parking variance for Ragtime Restaurant. When the first variance was granted for their expansion a shortage of thirteen parking spaces was created. If Ragtime expands again to a 150 seat restaurant with a full service bar, they will be 41 spaces short of what they need to accomodate their clientele. Parking is already extremely limited. Local merchants, residents, and shoppers have been significantly inconvenienced be lack of available spaces. The owners of Ragtime are requesting a varience that would make the problem even worse. The expansion of the restaurant will also change the "Mix" of the establishments in Atlantic Landing, by eliminating at least one exsisting retail store and one available retail space. For these reasons we strongly urge you to vote NO on the requisted variance for Ragtime parking, and maintain the special nature of Atlantic Landing shopping area. NAME ADDRESS ^ - hof ? 114 11--el-r_ -' 3'er -r6 ,1;,„1 0-en ."--4 1// 3 3� _5--cy o-a 9evaLtAA, itlzmoo/ adzcis,, 'o t _So LA Cte-'4-€/K 5' yAw,_ kc)LA 526, 0)45Ti/IfiA^„ /f.PA/,ce tIAP-e- t oo 't-d • //?ep1Adt/rL/322 3' /Ve. � 353 Udo i o_Q PaL �' f��it %c,�ch 3z a3 35 9 1 sr 5T. 3z, Bc-A4• F L 3zZ3 3 3Y-4 ( 't Sf A4-( iScl 3 )-?-33 4-0 na4 We have signed below to indicate our opposition to the proposed parking variance for Ragtime Restaurant.- -When the first variance was granted for their expansion -a shortage of thirteen parking spaces was created, • If Ragtime - • expands again to 4 150 seat restaurant with a full service bar, they will be 41 spaces short of what they 'need :to . accomodate their clientele. Parking is already extremely ' ', limited. Local merchants, residents, and shoppers have been significantly inconvenienced be lack of available spaces. The owners of Ragtime are requesting a varience that would make the problem even worse. The expansion of -the: . restaurant will also change the "Mix" of the establishments ' al . in Atlantic Landing, by eliminating at least one exsisting retail store and one available retail space. For these —• reasons we strongly urge you to vote NO on the •requisted variance for Ragtime parking, and maintain the special nature of Atlantic Landing shopping area. NAME ADDRESS 7 Arej i '01hAve e ,--7:4&4(A W / I ` 41 / T--(11? �n e V. ge2,e0-1-I4 Sig $ddar1 Lc/hc W,L t,r‘; J Ls1 6c6 . ai-/L /A% c 7//41/WZO 1 Li-35 acv ?(' 44! / cb 1901 ZAv , 500 / I . flRioLo 11)OPbPfr 1032. 5T qoe- r32./5 We have signed below to indicate our opposition to the proposed parking variance for Ragtime Restaurant. When the first variance was granted for their expansion a shortage of thirteen parJcing spaces was created. If Ragtimd • expands again to a 150 seat restaurant with a full service bar, they will be 41 spaces short of what they need to accomodate their clientele. Parking is already extremely limited. Local Merchants, residents, and shoppers have been significantly inconvenienced be lack of available spaces. The owners of Ragtime are requesting a varience that would make the problem even worse. The expansion of the f restaurant will also change the "Mix" of the establishments in Atlantic Landing, by eliminating at least one exsisting retail store and one available retail space. For these reasons we strongly urge you to vote NO on the requisted variance for Ragtime parking, and maintain the special nature of Atlantic Landing shopping area. NAME ADDRESS �� L 0-,i Alcz-w x� / a A-1'--Q- - I /I, 1 ' 4 p�f' /9 ‘_ -,1, a- lto ,pf (31/4/trace& K 105q C - , dte ti, ,- 9 ,r.,-,ito(4/ e'• ,- •", -,/,`- , I 4.1„, rotZie --s>4-,1- 17.9 g'4 4. , _„,,,,,zi/ e foj,_;,</ A/1/11 itild/1"4.— .P 0 . /0-USCO-C.,g � 7sd rnofire,_,,,,4 , 1_ X31 N (3/c,t RVLQ iaa A.l ay e5Y 0 1 !V I W 9641 _ 1$LQ e- 1-{' 16--e--cl-c-i alti2 C4 /iCL DOS galC240 c==Vt Al We have signed below to indicate our opposition to the proposed parking variance for Ragtime Restaurant. _ When : , �ta the first variance was granted for their expansion a ,s shortage of thirteen parking spaces was created. IIf Ragtime t ; • expands again to a 150 seat restaurant with a full service bar, they will be 41 spaces short of what they need to accomodate their clientele. Parking is already extremely limited. Local merchants, residents, and shoppers have been significantly inconvenienced be lack of available spaces. The owners of Ragtime are requesting a varience that would make the problem even worse. The expansion of the restaurant will also change the "Mix" of the establishments ; in Atlantic Landing, by eliminating at least one exsisting retail store and one available retail space. For these reasons we strongly urge you to vote NO on the requisted. variance for Ragtime parking, and maintain the special nature of Atlantic Landing shopping area. . w NA' G ADDRESS. • ,,;(/-7,441V '112 ---- ef) 0 2 ''''''%1a.t 6o? Y41 Ae. 4 k glia,‘ . .v c-‘4__ ilk A, i 369 �1.�/7/� AV o()_/Air J3 2 z S`0,./ / 9ithr k y%� _____-_ ------"7 _if. 1,,e, /vim • 00 / p ( -,4,9- q /3 G_Z,.. Q21---.2. _ - (7) (\Da . IoS1` -)• 24 2-s0- " - k),,,,,, "c-61... E -*/ #0 S\ 14/ _ srx a, q-J4 c2,22/ — c . - '3ga Co ,,, /Si)o ge44 e ded d c-L/c7 .. / . , -7-p>/ e6ve-4 . "-' 0 . , -i4 ,(0-r\--""'----- A \ ,00 tt•_. tt ke_. . k ‘- 4_,4w2/.--er-e,;',. 4"-/f Ei-1, _ at'AA-g-t, 4rc--;--al-'30-ta4. 41..u.4_ r_,Le-p„' i,,0J..z .A. no )6-c„--,Lc,;(_„.120 . lad. . (V--(-- ./ 3zz33 1 2d - - mak, 4 ‘ G2 -7 ; 13 tv1LL-x14(7- r- 4.Arr1 L O 6 GN G �'y MdrJ3,f i 1 571+ We have signed below to indicate our opposition to the proposed parking variance for Ragtime Restaurant. When the first variance was granted for their expansion a shortage of thirteen parking spaces was created. If Ragtime expands again to a 150 seat restaurant with a full service bar, they will be 41 spaces short of what they need to accomodate their clientele. Parking is already extremely limited. Local merchants, residents, and shoppers have been significantly inconvenienced bei' lack of available spaces. The owners of Ragtime are requesting a varience that would make the problem even worse. The expansion of the restaurant will also change the "Mix" of the establishments in Atlantic Landing, by eliminating at least one existing retail store and one available retail space. For these reasons we strongly urge you to vote NO on the requisted variance for Ragtime parking, and maintain the special nature of Atlantic Landing shopping area. NAME ADDRESS 337 is /9-1 . Bch/ 32'7-53 2515-- /ni -cl_ Z 400 ,q --berA;1 02" ae.,/th-e 47(/tivi 7-4d 44- c)-$71A 309 q74\ -c 40- 4-- 0,6je- PXJA- 3 2.2_33 Poinc4- # 1.4 ?A Se4vuAtA iCeRAk,t4/ Pc)/3.5')<_ C� ( /6'(--- 2- 3 4//,_ z 7.i /� We have signed below to indicate our opposition to the proposed parking variance for Ragtime Restaurant. When the first variance was granted for their expansion a shortage of thirteen parking spaces was created . If Ragtime ' • expands again to a 150 s'eat restaurant with a full service bar, they will be 41 spaces short of what they need to accomodate their clientele. Parking is already extremely limited. Local Merchants, residents, and shoppers have been significantly inconvenienced be lack of available spaces. The owners of Ragtime are requesting a varience that would make the problem even worse. The expansion of the restaurant will also change the "Mix" of the establishments in Atlantic Landing, by eliminating at least one exsisting retail store and one available retail space. For these reasons we strongly urge you to vote NO on the requisted variance for Ragtime parking, and maintain the special nature of Atlantic Landing shopping area . NAME ADDRESS 1-11A4( 43 51/(5dt61-4 4/8 4 )azj 614,d d (°""(-' 27 ` 6 90"mt,/.14A., 9/o C4G6c " t . • /a e S � �. - /IPcJ We have signed below to indicate our opposition to the proposed parking variance for Ragtime Restaurant. When the first variance was granted for their expansion a shortage of thirteen parking spaces was created. If Ragtime expands again to a 150 seat restaurant with a full service o bar, they will be 41 spaces short of what they need to accomodate their clientele. Parking is already extremely limited. Local Merchants, residents, and shoppers have been significantly inconvenienced be lack of available spaces. The owners of Ragtime are requesting a varience that would make the problem even worse. The expansion of the restaurant will also change the "Mix" of the establishments in Atlantic Landing, by eliminating at least one exsisting retail store and one available retail space. For these reasons we strongly urge you to vote NO on the requisted variance for Ragtime parking, and maintain the special nature of Atlantic Landing shopping area. NAME ADDRESS E �7O d ktic KA acl�, 320 21)44L 67 vr. a-cf2( ,r 7 34 ,° �' bel Okti - t . / s � .• . yrid, / te_o n1-(0110e6 I 5+ 3f �