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Exh 8F~~ 1 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 ~~~ _r 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. ~, • . r . v-. Please Typv ar Print in Ink Application Fee ;100.00 APPLICATION FOIZ 'USE HY EXC>rPT1OH" Ra ~h 7ri .~ ~~Ja~ <~ ~;~~ ~ _ f ~ yr ;~, ~~U~99 vV`{,~ ~ 17~~ Dote Filwdt_ -^------------ ~!tl of atlan'tl r_ E3each Name ared Addrvesa of Ornvr or Tarrant '1n Pawseaaion of Premiovs: Ql.Iiiill:l;;~ :lr~ 7ar+n,7 p } FCC 1~G! (!'~C 'f,/~U~(~tJ ~~c-a /~tV:.~ ~~Gk1Efc.IG$ ~ b - =- - 1 Phone Zo7_~"(_LRi%tlc.-~LVu ------------ workt_Z41_~~?------- ------- f~Zl.t41.~_f+c. ~Ef1C~~f ~L X2233----- Home: 333 -ZS31 Street addrevv ^nd legal d~soription pf th• premises se to rhich tho "Use by Exception' i>: requeatsdt _ ~o~_ _}FTt~ u~ is _ ti3 W D 1 ~T Z~ uz? c._ ~c-~c N 1"c.- ~ ~Z3 3 ------ ~F6RL •. ~~ - zs -Z9 E ~5~3 ------------------------------------------------------------------ -------- _~ ( _ 2S_ Z9 ~-- A1L~N7ic. {~~./kC H T~.2~ Sly PT' o~ Zc7T"5 i ~- ----------------------------------------------------------- A doacription of the "Use by Exception" desired, rhich shall c~p~Fcificaily and particularly desaribo th. type, charwater and extent of the proposed "Uao by Excaption•t -Ube--h~ 2xe~Q~~an_~s_reaues{P~~ ~to al~ow__ e4~~ S~r~{l~e. Sr~l~e u.~tlk seui~~n~_~rorrt'~n~~la+~~(~ ~Ivct_-6n ~~ StdeWalfc. i~ ~ro~t'-~-~c~~,,~eTauern 'fhe <<a~nk Stdewcc((~ ~.~~ ~raps.~cQ tuau~Q CtCc~~da{-Q 3~ addi~+on~cf ;eats; J-- -- :- - --- --- ---------------------- ------------ --- _~Yurj,~,tv_,s.~_ ~~Ura ~ ~(~Lq._~f~.r~+~tq_Ye u.trecrP.9~tf-s_~r, ~_Ltdcl.~'~'rwi~Q S2u.~~'rxJ .T ~------ --------- IS R(Sv t'e~! 2 Spaoitic roeaonv rhy the ^pplioant Seoler the request should by granted: --~k~d~or_i'eSi?tk~cwtf ~~c~rnC~_i,~?tll _ ~__t~_~.2.Str~c~.~_ Q~c<<-f-cw+--- -ia '~~ av~f,btuM.c~ ~f o~__hew(. S~ree~fsca~e~_~tu~_~~~~--- CtYect ------------------------------------------------------------------------- ------------------------------------------------------------------------- 2aninq Classilloationt '^'~ C --------------------- 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 • ..-.i ~. Inyr•sr and ryrwr* to propwrty apd praporwd YES KO struaturss i^ adwquatw. Particular rrtwrrnow is wads to autoaotivw and pwdwrtrisn ratwty and convwnisnca, traitia tlov and control ^nd acar~~ in casr o:! aatartrophw) ___ ___ ~ 3. Oit-atrwrt parkinfl and loadi~q it ^drqustr. 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. ' ~~ Plra~e Ree}rk. _~ ~- _- ~:..~ '`~ . .~. ~;~•. w a U I C I `` F- I I ~i~,~ ,~ 1 1 r i ~, .~ ~~~ i- __ ,_ ,1~ V I ~I 3 o W ~~,r~) W 'C/.~' ~ ` O Z ,~ I ~~ i 12' W m 2 Z U F~- w J m FQ- 2 w U 4 y Z Y a a v I:.1 .~ z ~ ~ ~ ~ C~ .-