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
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_ 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
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• TAVERN•SEAFOOD
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_y , N 207 ATLANTIC BLVD.
• ATLANTIC BEACH
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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
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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.