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CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Request for Use-by-Exception for Ragtime
DATE: August 5, 1999
SUBMITTED BY: David E. Thompson, City Manager
BACKGROUND: Ragtime Restaurant has requested permission to utilize the
sidewalk area outside of their restaurant for a sidewalk cafe type of
seating. They would like to serve food and beverages (including
alcoholic beverages) to customers who will be seated at tables on
the sidewalk. This expansion requires that the Ragtime Restaurant
identify additional parking to accommodate the increased seating,
or obtain aUse-by-Exception.
This issue was brought before the Community Development Board
on July 20, 1999 to deal with the parking requirements of the code.
Ragtime requested aUse-by-Exception to waive the parking
requirement, and the Community Development Board voted to
deny it.
The draft minutes of that meeting are attached to this report for
Commission review. The notes articulate support and opposition
from various people relative to the idea of the cafe style seating.
From a staff perspective, staff recommends the acceptance of the
Community Development Board recommendation.
RECOMMENDATION: Staff recommends the denial of this request, consistent with the
Community Development Board's Recommendation.
ATTACHMENT: Agenda and Draft Minutes of the July 20, 1999 Community
Development Board Meeting
REVIEWED BY CIT ~' 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 1 ~, 1999
3. Recognition of Visitors
4. OLD BUSINESS
a. Application for Use-by-Exception filed by Assad Halleak to operate a retail
the 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, mGy
need to ensure that a verbatim record of the proceedings be made, which record shah
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
,3uly 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 Don Wolfson called the meeting to order and asked for approval of the
minutes from the meeting of June 1 g, 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 last meeting, he has submitted a revised site plan indicating parking spaces,
setbacks, outside storage and anon-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
II. 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 fast 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 24-16~
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 revie~rv 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 trafific 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 Ck~airman 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 buf
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 Jast 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
fior 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 Mr. Frohwein the chairman polled the members and the result was
4-2 in favor of recommending denial or the use-be-exception with tvir. Frohwein and Ntr.
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 fior 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 of
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.
DISCUSS{ON