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207 Atlantic Boulevard LETTER 08.22.2003 .51-44/— CITY OF ATLANTIC BEACH r , BUILDING AND PLANNING 41 800 SEMINOLE ROAD r _ t r J ATLANTIC BEACH,FLORIDA 32233-5445 r) TELEPHONE:(904)247-5800 t** _ FAX:(904)247-5845 http://ci.atlantic-beach.fl.us FILE COpy August 22, 2003 Cathy Wagner General Manager Ragtime Tavern and Seafood Grill 207 Atlantic Boulevard Atlantic Beach, Florida 32233 Re. Proposal to add outdoor seating within public right-of-way Dear Ms. Wagner: I have reviewed the rather extensive history related to Ragtime's previous attempts to provide outdoor seating and also parking issues. I cannot find that that there have been any previous formal actions of the City, which would be relevant to your current request. In January of 2002, the City created a new zoning district, the Central Business District, which includes procedures to seek approval for outside seating within public right-of- ways. The terms applying to any such approval are set forth within Section 24-114 (g), a copy of which I have enclosed. As we discussed, parking for any additional seats will have to be provided; however, if outdoor seats were swapped for indoor seats, with no net gain in the number of seats within the entire facility, additional parking would not be required. The final issue that I cannot fully address at this time, relates to serving alcoholic beverages on public right-of- ways. My understanding of the City Code is that Section 3-11 (enclosed) would prohibit this except for certain special events, even if the right-of-way lease for outdoor seating were to be authorized. I will consult with our City Attorney and our Chief of Police, and get back with you regarding this issue early next week. Please feel free to contact me at 247-5817 or by e-mail at sdoerr(aici.atlantic-beach.fl.us with any questions. Sincerely, Sonya Doerr, AICP Community Development Director Enclosures • 4 • TAVERN•SEAFOOD & GRILL _y , N 207 ATLANTIC BLVD. • ATLANTIC BEACH 22233 FAX•iiiiiiiiiiiiiiiiiiiiiii�bibb� ii FAX (904) 247 -5743 August 14, 2003 Sonya Doerr City of Atlantic Beach Dear Ms. Doerr : Ragtime Tavern would kite to propose sidewalk café seating in front of our building. The proposed area would be the sidewalk on the south side of our building facing Atlantic Boulevard. We are asking for permission to use the right of way. Sidewalk cafes are a desirable and integral component of cities throughout the world. We believe the addition of the café style seating would be an enhancement to the Town Center as well as to Atlantic Beach . I am sending you this letter per our telephone conversation earlier today. We are very excited about this project and would like to move forward as soon as possible. We are in the process of having plans drawn for review. We are very flexible as to placement and number of seats,and will be prepared to address any questions regarding the café style seating. I would like to meet with the planning commission at it's earliest convenience, if that is how we are to proceed. Thank you for your cooperation. Sincerely, / 4111 Cathy Wagner General Manager ir �S Please Recycle. Sec. 24-114. Central Business District. (CBD) (a)Intent. The Central Business District is intended for low intensity, neighborhood scale commercial and retail Uses, and Professional Offices, which are suitable within the constraints of the existing Development patterns of the District and which contribute to the commercial, civic and cultural vitality of the City of Atlantic Beach Town Center area. The Central Business District contains an established Development pattern with a predominance of older Structures built prior to the current requirements for area, setbacks, parking and other site related elements. (b) Permitted Uses. The Uses permitted in the Central Business District shall be as follows: (1) Service establishments such as barber or beauty shops, shoe repair, laundromat, (but not dry cleaners), tailors or dressmakers; low intensity retail sales of items such as wearing apparel, toys, sundries and notions,books, stationery, luggage, jewelry, or similar Uses. (2) Pharmacies; (3) Medical and dental offices,but not clinics or hospitals; (4) Professional offices such as accountants, architects, attorneys, engineers, and similar Uses; (5) Business offices such as real estate broker, insurance agents, and similar Uses; (6) Banks and financial institutions without drive-through facilities; (7) Restaurants, cafes, coffee shops without drive-up or drive-through service; (8) Municipal government Buildings and facilities; (9) Leased Right-of-way Uses. (c) Uses-by-Exception. Within the Central Business District, the following Uses may be approved as a Use-by-Exception: (1) Art galleries, libraries, museums, cultural centers; (2) Residential, where such residential Use is secondary to the commercial Use of the Building; (3) Businesses offering live entertainment. (d) Minimum Lot or Site Requirements. The minimum requirements for Lots and sites in the Central Business District shall be as follows: (1) Lot or site area: 5,000 square feet. (2) Lot width: Fifty (50) feet. (3) Lot depth: One Hundred(100) feet. (e) Minimum Yard Requirements. The minimum Yard Requirements for the Central Business District shall be as follows: Ordinance Number: 90-01-172 Initial Effective Date: January 01,2002 Adopted: November 26,200156 with Amendments through March 24,2003 • (1) Front Yard: (Twenty) 20 feet. If Buildings existing on adjacent Lots have a lesser front Yard, front Yard shall be the average of Buildings on adjacent Lots. (2) Rear Yard: Ten (10)feet (3) Side Yard: Ten(10) feet. (f) Building Restrictions.The Building Restrictions for the Central Business Districts shall be as follows: (1) Maximum Impervious Surface: Seventy(70)percent. (2) Maximum Building Height: Twenty-five(25)feet. �♦ (g) Right-of-way Lease restrictions. Outside seating for restaurants,coffee shops and sidewalk cafes may be operated by the management of adjacent permitted food service establishments, subject to the following provisions. (1) Outside seating within public rights-of-way may be permitted under a renewable annual lease agreement approved by the City Commission. As a condition of the lease, the owner of such establishment shall agree in writing to maintain that portion of the Right-of-way where the outside seating is located. The owner/leasee/leasor of the business establishment and the property owner shall agree in writing to hold the City of Atlantic Beach harmless for any personal injury or property damage resulting from the existence or operation of, and the condition and maintenance of the Right-of-way upon which any outside seating is located, and shall furnish evidence of general liability insurance in the amount of $1,000,000.00 per person and $2,000,000.00 per occurrence with the City of Atlantic Beach as additional named insured. (2) Outside seating shall not be permitted on the sidewalk closer than five feet from the curb line of the Street or from any fire hydrants, planters or other public improvements located in the Right- of-way. • (3)Outside seating areas shall be defined by an enclosure of at least three.(3) feet in height measured from the ground or sidewalk level. Enclosures shall be designed in compliance with ADA Accessibility Guidelines and shall provide safe pedestrian access to the public Right-of-way and designated parking spaces. Such enclosure may consist of screens, planters, fencing or other similar materials. (4) No heating or cooking of food or open flames shall be allowed in outside seating areas. (5) Seats provided in outside seating areas shall be included in the required parking calculations. (6) Amplified music shall not be permitted in outside seating areas. Lighting to serve outside seating areas shall be white in color and shall not spill over to adjacent properties. (7) The City Commission shall determine and establish by resolution the charges, terms and termination procedures for Right-of-way leases. (8) The City Commission may permit non-food service Uses under Right-of-way lease agreements provided such Uses are permitted under the Use-by-Exception process and further provided such Uses are special event related and not continuous. Ordinance Number: 90-01-172 Initial Effective Date: January 01,2002 Adopted: November 26,2001 with Amendments through March 24,2003 57 Sec. 3-11. Consumption, possession of open container upon public property. (a) It shall be unlawful for any person to consume alcoholic beverages upon the public properties within the city, or for any person to be in possession of an open container of an alcoholic beverage upon the public properties within the city. Such public property shall include, but not be limited to, roads, streets, highways, parks and the ocean beach. (b) The city manager may, for special events, grant permits for the consumption of beer and wine and the possession of open containers of beer and wine upon public properties within the city, provided: (1) No alcohol shall be consumed out of doors in public or park areas, except [that] for up to four (4) festivals in any one (1) calendar year, beer and wine may be consumed out of doors. (2) All public consumption of beer and wine upon city properties, as permitted hereunder, shall end no later than 11:00 p.m. (3) The applicant agrees to comply with any reasonable conditions deemed necessary by the city manager to protect the best interests of the city and its residents. (Code 1970, 3-8; Ord. No. 10-85-16, § 1, 9-23-85; Ord. No. 10-94-19, § 1, 12-12-94) Note: See editor's note to § 3-10.