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CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Request from Ragtime to Use a Portion of the Sidewalk at 207
Atlantic Blvd. For Cafe Style Seating
DATE: August 5, 1999
SUBMITTED BY: David E. Thompson, City Manager
BACKGROUND: Ragtime would like to obtain permission from the City of Atlantic
Beach to utilize the sidewalk area at 207 Atlantic Blvd. for
sidewalk cafe style seating. When this was discussed at the
Community Development Board Meeting on July 20, 1999,
Ragtime was referred to the City Commission for this request.
Ragtime is asking the City to allow them to use City property for
their business purposes.
The City allows the use of City property for special events each
year. Ragtime is asking for the usage on an ongoing basis, which
is very different from the types of usage allowed in the past.
Although there are easements provided to private companies
providing utilities, there are no other for-profit businesses currently
allowed to operate on City property.
The City allows people to rent or lease City facilities for their
personal or professional use, and this has typically been
accomplished through written agreements. If the City is inclined to
allow for the use of the City property, staff would recommend a
contract including users fees for the use of the space.
The notes from the Community Development Board Meeting of
July 20, 1999 also include comments; both positive and negative
relative to this issue.
Staff Concerns include:
1. The sidewalks are narrow, and the outdoor seating will
hinder pedestrian traffic. Of particular concern is
handicapped access, which is already inadequate at that
location. Customers with tables and chairs are likely to
interfere with access to the businesses and the free passage
of pedestrians, wheelchairs, etc.
2. Consumption of alcohol outside of the building, on City
property, is prohibited by City Code. The only exception(s)
provided in the Code will not apply to Ragtime.
3. Such a change will require Ragtime to obtain proper
State licensing to allow consumption off of their premises.
4..If table and chairs are outside, then people who bought
bricks will not be able to see them. This may result in
some public backlash to the seating.
5. The use of City Property for a restaurant to expand their
business is likely to promote other businesses to make
similar requests. The possibilities are endless once we
open the door to this type of utilization of City Property.
6. It is difficult to visualize this set up and its potential
impact on the area. I would suggest that when the
construction in the area is completed, Ragtime may want to
actually put chairs and tables out on the sidewalk to show
City officials how it will look. This would provide staff
and elected officials with a better concept of its potential
impact on the area.
7. As noted in the Community Development Boazd draft
minutes from July 20, 1999, some businesses nearby may
object to this change and the possible impact on their
operations.
RECOMMENDATION: Staff recommends the denial of this request at this time. If
and when further modifications are made to this azea that
. will resolve some of the concerns stated above, then the
matter could be reconsidered at a future date.
ATTACHMENT: Community Development Board Draft Minutes from July
20, 1999
REVIEWED BY CITY MANAGER:
AGENDA ITEM NUMBER:
.AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
July 20, 1999
7:00 P.M.
1. Call to Order
2. Approval of Minutes of Meeting on June 15, 1999
3. Recognition of Visitors
4. OLD BUSINESS
a. Application for Use-by-Exception filed by Assad Halleak to operate a retail
file and stone business at property owned by Bobby and Pauline Boeneke known as Part
of the Castro Y. Ferrer Grant, Section 38, Township 2 south, Range 29 East and located
on Atlantic Boulevard;
b. 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;
5. DISCUSSION
a. Traffic Patterns in Old Atlantic Beach.
b. Continued Review of Zoning Ordinance.
6. ADJOURNMENT
If any person decides to appeal any decision made by the Community Development Board
at the above meeting, he will need a record of the proceedings, and for such purpose, may
need to ensure that a verbatim record of the proceedings be made, which record shall
include the testimony and evidence upon which appeal is to be based.
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 Dan Wolfson called the meeting to order and asked for approva! of the
minutes from the meeting of June 1 ~, 1999. On motion made and seconded the minutes
were approved.
I. Application for Use-by-Exception filled by Assad Halleak to operate a retail
the 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 fast 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
I1. 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 as opposed to drafting an ordinance
regarding sidewalk cafes.
Mr. Waters suggested that the applicant pursue the acquisition of adjacent property
for the purposes of additional parking.
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 ause-by-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 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 the pedestrians. She 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 ause-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 a 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 use-by-exception 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, his concerns 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 the resolution which
is basically an agreement between the city and the applicant. He stated that the matter on
the agenda for this meeting is strictly ause-by-exception for parking and additional tables.
He stated the applicant would have to go to the City Commission any way 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 present the motion 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 property and serve lunch and dinner
without the use-by-exception.
Mr. Frohwein stated he opposed the motion as made.
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 an 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 Ntr. Frohwein the chairman polled the members and the result was
4-2 in favor of recommending denial of the use-be-exception with Mr. Frohwein and N1r.
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 permit 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 of the motion. Thereupon, the
board voted to pass the motion to recommend denial and the motion carried by a vote ofi
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 Ofd Atlantic Beach ~CZ~ ~~~i
Mr. Worley stated that the board was furnished copies of the straffic 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 questions 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 interaction 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 fielt 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 because there are so many pedestrians.
Mr. Wolfson requested staff submit the matter to the Public Safety Department for
recommendations and 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 was
an excellent idea.
Mr. Wolfson suggested that Town Center designate angle parking between Ahern
and First Street and paint and stripe it accordingly.
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.
r a. Continued Review of Zoning Ordinance CGS ~~~
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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 mee#ing a
discussion of a special zoning district which addresses cafe style seating, parking etc.
The Chairman reported that due to 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 or 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.
SIGNED
ATTEST
July 23, 1999
City Commission
City of Atlantic Beach
Commissioners: '
This is a request to allow temporary usage of a portion of the sidewalk affi'onting Ragtime
Tavern, located at 207 Atlantic Blvd., Atlantic Beach FL. The reasons for this request are
as follows: '
To permit Ragtime to place tables and chairs in this area for the purpose of providing food
and beverage service to restaurant patrons. Please note: 'the location and exact
configuration of tables is flexible, and can be adjusted to address any concerns that may
arise in the commissions' consideration of this request. Those concerns may include, but
are not limited to: {1) providing safe and adequate public access over the existing
sidewalk, (2) minimizing any negative impact on neighboring businesses, (3) limiting hours
of operation for the use of this area, (4) considering design elements that compliment and
enhance the existing Town Center redevelopement project,( i.e.: umbrella colors, plant and
railing dividers to define usable area, etc.).
in malting this request, it is agreed:
1. To defend, indemnify, and hold harmless the City of Atlantic Beach, its officers, agefits,
and employees from any and all claims for damages for. injuries to persons or property
related to or arising out of the temporary use.
2. To vacate the property and terriporary,use upon reasonable notice from the City to do
so.
3. To address and incorporate any restrictions or requirements requested by the City
Commission prior to occupying the designated area.
`'~'e would like to request that this matter be considered in conjunction tivith the
Commissions review of.our application fora "Use by Exception" to the parking ,
requirements, that was heard before the Community Developement Board on July
20,1999. We additionally would like to request that both of these matters be scheduled on
your agenda no earlier than the August.23,1999 City Commission Meeting. ~ '
~~~~~
Please address any correspondence to:
Ragtime Tavern
20'1 Atlantic Blvd:
_ Atlantic Beach, FL 32233
Sincerely,
Bill Morton
7~ ,~ ~ .
Tom Morton
For Ragtime Tavern and Big River Breweries, lnc.
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A doacription of the "Use by Exception" desired, rhich shall c~p~Fcificaily
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2aninq Classilloationt '^'~
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Signature of applicant/appliaant'a Signor ur of o rear of ttte property,
authorized agent ar ^ttorney. It Appliawti a snot by processed
wgtrnt or attorney, inolude letter rithaut ornate oignature.
troy applicant to that effect.
Appliaentt Do not~iill-in beyond thiQ point. Horavor, 6v prepared to
respond to tho Sollorinp itvwvt .
FIiiDZ2tDS DF FACT
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struaturss i^ adwquatw. Particular rrtwrrnow is
wads to autoaotivw and pwdwrtrisn ratwty and
convwnisnca, traitia tlov and control ^nd acar~~
in casr o:! aatartrophw) ___ ___
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P^rtiaular ^ttwntion is paid to thr itaae in 1.
'abavw ^nd thr raanoaia, nolsa~, glars and odor
wttwatr of thw rpwaial wxawptioq on adjoinin{~ '•
propwrtiws and psaprrtirs' Qrnwrally in the
diatriat~ ___ ___
3. Lacatianr of rrtww and rwrviaw araar arr
co.pstiblr rith rurroundinp popwrtlwr and ar•
sraily aacwssiblw. _ ___ ___•
4. Loaationr, availability and aoa~patibility at
utilitiw^ arr adrquatw. ___ ___
5. 7'ypw, diwwnrionr and oharaat.r of •arawninq
and buttrrinp •rw adwquatr. ___ ___
6. SiQn^ ^nd propaswd axtariar liahtinQ, with
rrtwrrnar to plarw and trattia ratwty~ ^rw in
hwrsony and arw aawpatiblr with athwr prnp~i~tiaw
in thi diwtriat.
7. Rwquirad yards ^nd othwr oprn rpaar^ arw
adrquatw. _,,,_ ___
8. Th. uw. i• Qwnwrrlly ooapatiblw rith adjaornt
proprrtiws and othwr propwrty in thr dirtriat. ___ ___
CO?lriUNI7Y DEYELOPMEKT BOARD R=PORT AHD RP-COK1lCi1DATIDMSc
I
ACTIONS $Y THE CZ'CY CDMMI98IOMr .
April 22, 1999
Ivir. David Thompson
City Manages'
Cit` of Atlantic Beach
Dear Chief Thompson:
Thank you for taking the time to research and discuss our idea of adding sidewalk cafes style
seating at Ragtime. At this time I am requesting consideration of this idea by the City of
Atlantic Beach. Sidewalk cafes are a desirable and integral component of the ambiance of
cities large and mall all over the world I have enclosed some mstcrials, which ilhtszrate a
similar situation worked out by Big River Breweries and the City of Chattanooga, Tennessee.
As you may know. Big River is the parErrt comparrp to Ragtime Tavern since Jarmary 199$.
To my mind the key to this arrangement is the granting of temporary and provisional use of
the sidewalk to Big River by the City. This allows the city to terminate the perrmssion ai azry
time with reasonable notice. Furthermore. the sidewalk seating and service areas are
implemented vithout arty permanent fixtures.
As rve diseased. the addition of sidewalk seatntg would be an enhancement to the Toa n
Center area. For morE than fifteen years Ragtime has been irLStrumental in enhancing bath the
quality of life and environment in our community, and we feel this project would be an
appropriate addition in those areas. After revieRing this irrfannation please cvntaci meat
Your com~enience so we may determine how to take the ne:ct step. Thanks again for your
consideration on this mater.
Sincerely.
Tom Morton
• For Ragtime Tavern and Big River Bmweries, lnc.
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