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Attachment B~Y, 1 7 .. ... ... .. AGENDA ITEM: DATE: SUBMITTED BY: ® ATTACHMEN® B ®~_ ~' AUGUST 23, 1999 COI~fISSION PiEETING - CITY OF ATLANTIC BEACH • . CITY COMMISSION . •' STAFF REPORT ~ __ Request from Ragtime to Use a Portion of the Sidewalk.at 207. Atlantic Blvd. For Cafe Style Seating August 5,1999 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 foi 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 :_ w .. ...._ - ..__. interfere with access to the businesses and. the free passage = _ .... ...:.. . . . ...... .~.... _. .. ... J _.___....._... .. _.........._...._ . ........ .. ... __. .. . t of pedestrians, wheelchairs, etc. 2. Consumption of alcohol outside of the building; on City property, is prohibited by City Code. The only e~:ception(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 sidewall: 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 Board draft minutes from July 20, 1999, some businesses nearby may obj ect to this change and the possible impact on their operations. RECOMIIMENDATION: Staff recommends the denial of this request at this time. If and when further modifications are made to this area that • ~ ' will resolve some of the concerns stated above, then the • ~ ~ matter could be reconsidered at a future date. ATTACFIMENT: Community Development Board Draft Minutes from July . 20,1999 RE~4~IEWED BY CITY MANAGER: AGENDA ITEM NUMBER: ~ ~... -- -:- COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC B__EACH . .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 Assatl Halleak to operate a retail the and stone business at properly owned by Bobby and Pauline Boene}ce 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, lnc./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. ~ . --- -- ~_.. ... . .. .! _ ._ ~ t i 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 D.on Wolfson Robert Frohwein Sharette Simpkins Mary Walker Pat Pillmore Dezmond Waters AND George Worley, ll, CD Director Pat Harris ABSENT Buzzy Grunthal .~ ~~~ Chairman Don Wolfson called the meeting to order and asked fior approval of the minutes from the meetin~of June 15,.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 an on-site truck turn around at the location. F-le stated that thetractor-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 . ' ll. Application for Use-by-Exception filed by Big River Breweries, 1nc.lRagtime_:: :.. ~~ ~.: ~w~ 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 makirig a ~~~- ~~. ~~ recommendation. ~ ~ ~ ~ ~ - . ~ Rona Brinley, owner of. Book Mark, introduced herself and reiterated her concerns regarding the utilization of parking spaceslocated 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 revie~r~ 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 fo~. 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 confiident 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. Pillrnore stated she would like to see a positive recommendation and." _::::~: ~=-~: suggested the Chairman withdraw the motion.and start over. - ~~-~~ ~ ~~~~""~ ~"~=~-~~ -.. _ t<,r,,~+ . , • 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 firont of Ragtime and the City needs to leave unimpeded the bricks with citizens names located on the sidewalk. ~W~ . ~ ' 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 additianal 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. 1Nolfson 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 t~1rs. Walker seconded the motion. Mrs. Pillmore staffed 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 ~-2 in favor of recommending denial of the use-be-exception with Nir. Frohwein and Mr. Waters opposed. ~ ~~ ~~~~, i . . ~ -- 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 tt~e 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 fior 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 of 4 - 2 with Mr. Frohwein and Mr. Waters dissenting. ~ . The Chairman requested each member complete their findings of fact, worksheets and turn them into the Recording Secretary. - ~ ~ . • a. Traffic Patterns in Old Atlantic Beach ~CL~.~~ ~~~ W Mr. Worley stated that the board was furnished copies of the straffic study by the - City which addressed traffic flow and parking and which vas 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-~vay 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 vras 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 tivork out. She stated she felt 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 Communit)~ 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 tivant traffic ~~~ calming. --- : --= ... a. Continued Review of Zoning Ordinance~~Q,P ~~~ .: ~- ~ ~- ... ._. ~~ ~ The board agreed to meet at 6:00 p.m., August '(7,1999 to continue their discussiori~.- ~:~ ~~ ~: ~-~-~ ~: 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 far any recommendations they may have. . The Chairman requested staff place on the agenda for the next meeting a discussion of a special zoning district which addresses cafe style seating, parking etc. The Chairman reported that due to a lack of communication rrrith 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 of various meetings and discussions with JTA and their proposals regarding mass transit, bus station location and ~'~~~ a trolley for Town Cente~, Mayport and.the Beaches. There being no further business to come before the board the meeting was adjourned. SIGNED ATTEST -:~: . •~~ ~~1~ . ~~~~- . .. '.~ July 23,1999 ~. City Commission . ~. City of Atlantic Beach Commissioners: . - This is a request to allow temporary usage of a portion'ofthe sidewalk affronting Ragtime Tavern, loc~~teci at 207 Atlantic Blvd.; Atlantic Beach'FL.. The re<zsons 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: (])providing safe and adequate public access over the existing' sidewalk, (2) nunimizingiany negative impact on neighboring businesses, (3) limiting hours of operation far the use of this area, (4) considering design elements that compliment and enhance the existing Totivn Center redevelopement project,( i.e.: umbrella colors, plant and railing dividers to define usable area, etc.). ~ . In making 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 ofthe temporary use. ~ ~ . ~ ~ ~ ~. 2. To vacate the property and temporary use upon reasonable notice from the City to~do ~_ 3. To address and incorporate any restrictions or requirements requested by the City ~ . Commission prior to occupying the designated area. ~ ~ ~ " ' .: '4'4'e would like to request that this matter be considered in, conjunction tivitli the ~• . ' . ~ " - ~ •' Commissions review of our application fora "Use by Exception" to the parking'. ~ :. ; ~. ., ~ . requirements, that was heard before t}ie.CommunityDevelopement~Board~on 7uly.~._:, ~. - _~:_..~, ~:~:~.~ • ~~:: ~:: 20,i999.~ We additionally would like. to request that both of these matters be schedul~d~on •.~~; ...-.. ~ •:~ _ your agenda no earlier than the August 23,1,999 City Commission 1Vfeetirig: ~ . '. ~-~~~~. ~ ~~-- -' .: ~ ' ~ ~~~~-= . ~~ .. _ ... • .... - _ _ -- _ _.• .. .. _ ......_ . . _~:. -- -. .. C . r • . . _ _ .. .. ........ ._- .. t .. .._ . •_ _ _ . _. • ... ...... ... .... .. - ... '~,W.~' , :Please addre'ss•any correspondence to:~ .._. ~ .-. ~<- :::.: -..__.. -.. • . _ : _ . --•..-:. .- _ .: _ :.-.-- _ . Ragtim.. Tavern ., . .. . .. .. 20~ Atlantic Blvd: . ~ .~ ~ ' . • . ' . ... .. .. .• _ .- • ~ ~ ~ Atlantic Beach, FL 32233 ~ ' ~ ..:. ~ .. ~ ~ . ~ ~ .: ,~ .: • . .Sincerely, ;. ~ ~ . ' ~ ~ ~ ' .' . • Bili Morton ~ ~ ~ ~ _ , •. .. ~ . . Tom Morton . - : ~ ~ .. .. • .. . Por RagEime Tavern and Big River Breweries, lnc. ~ :. ~ ~ • ~' -- . - • ~. .. .. •• ~ _ _ • • _ _ - - • „~ ~ .. • I•- _ ... .. ..... .. _ .. .~~ - \~ r` - _~ .. ~ - . .. ..... .: . . . ~ . i ---~ - JV•. t.I-JVIJLY ~~uL~ -•~ .._-_ _ _.._....-- 'Plrese Typa or Print its Inlc .. -~ ..~-. . Application Pee ;100.00 ~ ~ •• •~~ APPLICATIU,I FOR •USE aY EXCEPTION" ,' 4~ ~~'~T~f~~"e+I~~ o ~-, [[.. . #r ~ ~ j Y .+ N r-J ~.' 'CRY Y. ... ,.. Date Filydt 6 x!(99_--- JU!'•1. • ~ X999 ~ . - ' - N+cmt and Addrvsra of Oynar or Tenant in Possession o3 Pre~niarst Clt~ °f At(an`ic QeaC~ c _~fC~RI~.~C. ZS~G~t/Ek.tG$_-}KG_ /~jGl,f/lc 'rJ4U~Q.rJ Q111i~~ff1~.: ~li~ ~°r(n~ . .~o.~ 1 --- Phone _ _ _~cTLRI-' ilc, ~L4v -- ----- --------- Norkt Z~f -~~77 _ f~7~?~~ f~EAct~E ~L ~ZZ33 - - _ --------------- • - '--~- j~~ ~~~~ Home: 333 ~ >1,, : ~ rte, M ~ ti~ N / ~ ------?~s3~ ~----------- • ~ - Street addreaQ Mnd legal draoription Ot thr premises ae to rhich the "Use by Exceptlon• ~icr requ.rted~ • . __~07 _~TIAU~tc.-,3~v~~-~Tl.h-lr'~c,_~3r~tcN Ft, c,~6ac.. _ j ~ - z s _ L9 E----- ~ S ~3 ----- ------~--------3L_2.3 3--------------- -~ ~ __2s_ Z9 ~ ------ P1L~~rt c.-- {~~nc.N _ t~~tr~_ SlD- ~ ~ ------------ J1 description of thw "t,,ae by Exception` desired, rhich shall e~pelci~ical2y and particularly deaoribe thr type, character and extent of the proposed 'Use by Exccrpkion• r _~.~e_ 1?~.e:<c•?~f,av_1_~s re~~2s-fP~~ -fo a(fow c4-~t s~~~e. Std u.cc2k - ~~J~ _Se.af ~~~_-~ron~~Tt~-~Iah-(~c-~fvd_-~-~ha -------=--- ---------------J----- 'f~ --- stdewu~(k i~ -~'ron+-o-F R.a~~t,r,4e7a~er„ e. ~lahk S ~dek~ ((~ ~?c(~.e ~ QraQ~ncQ wau(~.Q aC d - --,r- - - - --- -- --- cnh2odd~'Q 3~ ad t-}tona~ ;exfs; _A-Ya S~vr~ ~~ e.~d ~_~~_.~~.r k~ n y~_Ye~u~! ret~r~.s~rfs_~; ~ Q dc~., ~'i c~1?Q.Q s~:,;~r~ ~ ~ J Speoiiie rraeons+ --hy the appiioanl. iarla the rrquest should 6e grantedt _ ~. ~~ ~ f a b~.g,_ a.c~cl~ _,.v,_, _~_~fh~e__al~~ ~~cuMcn__6-~ owr--hew(. S'~ree-f sca _~ ----_ ___ area . _~?~ wh e~~~ --------------i~ -------r----------- ------=---------------- ------------ 2oninq Claaritioption~ C Siflnnturr of applicant/spplioant't- Signs ur of o -___,._-____---"`--- authorizad sprat or attornry. IS A 1 ner of tlir property. agwnt or :attorney` ine~udr latter pp iaati o anat. bu proctsaed irate applicant to thaat aot:Caot.. rithout ornrraa nipnatura. .. _ . .....__... ppllcn»ta Do not'2111-in by ond.thia. oint. •Horavrr ~-~••bv= re~prod • to -•---~-~-=- ~--~;,==:=•~-- '- -~. respond to tho follorinQ itvMpa ---•-•---p ~-•------------'- P p - - - ... ... .~r.. Y.U9 `. ' _ ,. ._ ~ .. • • .. .. .. .. I ... ... .. .. ._.. .. ... .. r _. .. .__. .'.. .. .._._ .._.. .... .. .. : ... i ~ .. F'IHDIHl36 OF FACT ~ _ ^ • `w ~ 1. Ingress and eQrexa to propsrty wnd prapoo~d~ atruoturws i4 tdequate. Particular reiersnc• ,iar~ YES NO s+ado to autaactivw and pvdextrian saSsrty and ~ ' convanisnca, tratfia Slor ~snd contral~ and acawxo •- . in case of catai~trophe= •• • . • ~ ' ~ 2. Ott-straot parking and J.omdip ___ Particular attention im Q 3'1P °d1°4uatw. 'abovar ^nd the eaonoxics paid to thv itarao in 1. o:Ctaatx of thar xpetsinl axaaptiot~glonw ~d~oitoiin~ propertiass oncl prc;x•rtiec q•nwrally it the - dimtrict) ~ 3. Locations of rePuae and ~eerviom r+rwoa ore coapatibla tiith aurraunding paperti•a and Arc rateily xcoaasibla. 4. Looatione, avellmbiiity ©nd aaapatibility of • utilitiaa are odequatt. g•' TYPO. diwenaiona and aAaraat.rr of Qoreening and bu£±rrinp arr adequata. -~ 6. Signs and propoxed sxtorior '1SQhting, with • rateronce to glar~r anc~ trmttia safety, ero in ~ru'~ har~.ony and ar• oospatib~e rith ath•r ro • in the dixtriat. P Pvrtiwm 7. Required yards and other: open mpaaex nro mdequate. 8• Tha user is generclly ooApatible with ad~ao•nt ~• praparties and other property iA tht+ district. ~COl1tlUNITY DEYTLOPKENT BOARp RSF'DRT AND R1CC0?lMSWDATIOFfSt .-. • ~~ Apri122, l999 Mr. David Thompson City Manager Cite' of Atlantic Beach D..ar Chief Thompson: W~~ Thank you for taking the lime to research and discass our idea of adding sidewalk eaf~ style seating at Ragtime. At this time I am requesting consideration of this idea 1n the City of Atlantic Beach. Sidewalk cafes are a desirable and integral component of the amhiar};z of cities ~ and snail all over the world. I have enclosed snmc materials, which ilhrstrate a similar situation worked out try Big River Breweries and the City of Chattanooga, Tennessee. As you may know, Big River is the parErct corrrFrarrF to Ragtime Tavern since Jana-'ay 1998• To my mind the key to this arrangement is the granting of temporary and provisional use of the sidewalk to Big Rivtr by the City. This allows the city to terminate the perrmssion at any time with reasonable notice. Furthermore, the sidewalk seating and service areas are implemented without arty pcrmarunt ~fixtin-es. -• As we diseussefL the addition of sidewalk seating w•auld be an enhaizcement to the Tow n Center area Fdr more than fifteen ti ears Ragtime has Bern instrwneurtal in enhancing both the quality of life and eacvironment in our community, and we feel this proje: t wmild be an appropriate addition in thos` areas. After revieRZng this information please txmtact me at Your convenience so we may determine how to take the next step. Thanks again for your consideration on this matter. Sincerely. Tom Morton :~ For Ragtime Tavern and Big River Breweries, inc. __.._._ ~.~y .... _..-- - .. ~ ---- - ~.~~• ~; ,• is ~ ~ ~~;. ~. .. i t ' 1"• .~~~'.''''';'i• .~,,,I:,,• j ~ . ~.•i~ili~ri: .. . • _ . .;. . ~ ~~ ~~ • ~ ~ ~ ~ ~ ~~ ;' ;i r. _ ~ . .i . 1 .. . .. I ~ i .I y;~ •~' ~ •.~ ~ ~i • _ ~ag~i~e Tavern , . _ I •~ ~ E:QSTING COVERED S10E WALK ~ • ~ ~ C~ ~ ~ / EXISTING BRICK PAVERS i ® G -' ( 1 I 1 II ~ ~ ~ i• .~ '~: ! ~ i .: .: .. . :. . ~•. 8 TABLES WITH CANVAS Uh1BRELIJIS ' • . • /.: / ~ ~. • .. • ~ ~ •• ~~ • ~ '.• ~' _i. . . ~ ~ .~ ~ ~~ 4 PARKING SPACES (DCISTING) ~\` j j • IRKING (DOSTING) ~ ~ i ' . • ~ ~ i i : . ~' i . •• : . ~R,gGTIME TAVERN - • • ~ ; . . • . ~ . i .. ~ ' j ! i! ~ '~ ~~.. . , il:. i.j I..~,I .u„ ~1, ~. `~*~y~~O • A~ SEAL y w •~ y ~ •~~,~ tip' . T May 20, 1998 ~ ~ • Mr. John A. Leonard Big River Breweries, Inc. 100 East 10'x' Street, Suite 600 Chattanooga, Tennessee 37402 Re: Request for Temporary Usage Dear Mr. Leonard: The City Council has approved your request for temporary usage of the sidewalk at 222 Broad Street for placing a few tables and chairs thereon without causing inconvenience to sidewalk pedestrians, subject to certain conditions. Enclosed is a copy of Resolution No. 21789 for your records. Please note the conditions to this usage that are contained in the Resolution. Also enclosed is a copy of the Indemnification Agreement. If we maybe of further service, please let us know. Sincerely, ( , .^ . D. Wilkinson, r., P.E. City Engineer JDW:ch Enclosures 2 • (W-, Department of Public Works Suite 210, City HaU 37402 • (423) 757-5110 Fax: (423) 757-0586 -~ _, ~. ~W/ RESOLUTION NO. 21789 A RESOLUTION AUTHORIZING BIG RIVER BREWERIES, INC. .TO USE TEMPORARILY THE SIDEWALK AT 222' BROAD STREET FORPLACING A FEW TABLES AND CHAIRS THEREON WITHOUT CAUSING INCONVENIENCE TO SIDEWALK PEDESTRIANS, SUBJECT TO CERTAIN CONDITIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, that Big River Breweries, inc. (hereinafter referred. to as "Temporary User") be and is hereby permitted to use temporarily the sidewalk at 222 Broad Street for placing a few tables and chairs thereon without causing (~~~ inconvenience to sidewalk pedestrians; BE IT FUR~'HER RESOLVED, that said temporary usage sha11 be subject to the following conditions: 1. Temporary User shall execute the Indemnification Agreement attached hereto in favor of the City of Chattanooga, its officers, agents and employees for any and all claims for damages for injuries to persons or property related to or.arising out of the temporary. usage. 2.. Temporary User agrees to vacate the property and temporary use upon reasonable notice from the City to do so. 3. Temporary User shall provide adequate access for maintenance of any utilities located within the easement. • r~ `IW~ ~1u~' ~u.~ 4. Temporary User shall have obtained approval of the City Engineer and City.Traffic Engineer. prior to the commencement of construction.. ~ ~ ~• ADOPTED: May 12 1998 :cjc - 2 - V~~~ INDEMNIFICATION AGREEMENT . This~Indemnification Agreement'is~entered into by and ' between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the "City"), and BIG RIVER BREWERIES, INC. (hereinafter "Temporary User") , this ~_ day of May ~, 1998 . . For and in consideration of the granting of. the temporary use of the sidewalk at 222 Broad Street for placing a few tables and chairs thereon without causing inconvenience to sidewalk pedestrians, and for other good and valuable consideration, the receipt of which is hereby acknocaledged, Temporary User agrees as follows: ~``~~~ 1. Temporary User will defend, indemnify, and hold . harmless the Cityfof Chattanooga, Tennessee, its officers, agents and employees from any and all claims for damages for injuries to persons or property related to or arising out of the afore- mentioned temporary use, subject to the terms and limitations of the Tennessee Claims Commission Act, T.C.A. §§ 9-8-301, et seq. 2. Temporary User will vacate the property and temporary use upon reasonable notice from the City to do so; . the parties hereto agree thaC "reasonable notice" shall be deemed to be thirty (30) days. .Temporary User will restore the property to its original condition when it, is returned to the City. - 3 - • ~ . • • J r ~~ 3. Temporary User will provide adequate access for maintenance of any utilities located within the easement. '.. - ~ BIG RIVER.BREtrlERIES, INC. ..: /7 /~~ /,-~ Date ~ CITv n~ r'uATTANOOGA, TENNESSEE ~' BY Date ~WY/ - 4 - CJT`~ OF ATLANTIC BL~AC~~ C~TX CO 1, SSiON STAFF REPORT AGENDA TTEIYI; Request for Use-by-Exception for Ragtime ~3ATE; August 5,1999 SUBpl~TTED B~.~': David E. Thompson, City Manager BACiKGRO ~.~: Ragtime Restaurant has requested permission to utilize the side~vall: azea 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. j This issue was brought before the~'Community Development Board ~d•~W ~ ~ 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 Boazd 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. RECOMM~rIDAT~Oi~1: Staff recommends the denial of this request, consistent with the Community Development Board's Recommendation. ATTACRI~NT: ~ Agenda and Draft Minutes of the July 20,1999 Community Development Board Meeting 'f . 2. 3. 4. AGEdV®A COS~II~1UlITY DEVELOPI~lIENT BOARD '. CITY OF ATLANTIC BEACH . . July. 20, '1999 :: .. .. . 7:00 P.M: ... ~ ~. . . Call to Order Approval ofi Minutes of Meeting on June 15, 1999 Recognition of Visitors OLD BUSINI=SS 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 knotivn 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; '~, ' S. °. DISCUSSION j a. Traffic Patterns in Old Atlantic Beach. b. Continued Review of Zoning Ordinance. 6. ADJOURNIVIENT 1f 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 ofi the proceedings be made, whicY~ record shall ~ . . include the testimony and evidence upon which appeal is to be based. ' ~ ~~ .• .~ ... -- -- - - ' t ~~ MINUTES OF MEETING OF THE COMMUNITY DEVELOPMENT' BOARD~•' OF THE CITY OF ATLANTIC BEACH, FLORIDA July 20, 1999: . . ~~ ~ ~ 7:00 P.M~. ' . ~. •C1TY HALL PRESENT Don Wolfson Robert Frohwein Sharette Simpkins Mary Walker Pat Pillmore Dezmond Waters AND ~ : George Worley, 11, CD Director Pat Harris ABSENT Buzzy Grunthal ~~~ ~ Chairman Don Wolfson called the meeting to order and asked for approval of the mirLUtes from the meeting 'of June 1g, .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 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 anti 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 Il. Application far Use-by-Exception filed by Big River Breweries, Inc.lRagtime.: ~~ :-~: ~~,~ 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 ofi 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 tivould be unwise to recommend approval of the use-by-exception as opposed• to drafting an ordinance regarding sidewalk cafes. . Mr: Waters suggested thatthe 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 lle did not favor sending a negative revie~r~ to the City ~u~l~ Commission since corid.itions could be placed on the use such as parking and wider walkways as well as putting an ordinance in place to deal ~rrith 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 confiident 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 ~u~ agreement would follow the granting of ause-by-exception. ~ ~. ~ `~._ _-:__ :. _: _- - Mrs. Pilimore stated she would like to see a positive recommendation =arid=_:~-_ _- suggested the Chairman withdrawthe 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 fior 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 properly. 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 #ables. He stated the applicant would have to go to the City Commission any way to seek permission to use publicly otivned 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 :... .: ...... ...... _.a.. .. .. . _.-,_-. ~~~ • • 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 firom 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 of the use-be-exception with ivlr. Frohwein and Mr. 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 vrork toward the resolution with the City and present the whole concept at that meeting. ' Mr. Wafers 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 t1~e 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. UUaters dissenting. The Chairman..requested !each member complete their findings of fact tivorksheets and turn them in to the Recording Secretary. '. ~Yi~ DISCUSSION ! a. Traffic Patterns in Old Atlantic Beach ~Q~ ~~~ ~ ~ ~:~- ~,~ • Mr. Worley stated that the board was furnished copies of the straffic study by the City v+~hich 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 grid 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 trafTic 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 felt that there are solutions and they should be tested, specifically, one-way streets. Mr. Frohwein suggested that slowing down the speed with regulator) 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 filow 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.. -~:., . _ - -. ~~W~. calming. ~ ~ ~ .._._._._.-~- .•- (a. Continued Review of Zoning Ordinance ~~~ ~?~~~~ =_ • ~- _-•-~ _--=--- -~ '~ The board agreed to meet at 6:00 p.m., August '17, 'i 999 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 meeting a discussion of a special zoning district which addresses cafe style seating, parking etc. . The Chairman reported that due to a lack of communication iNith JTA ruled out potential designs for the Mayport Flyover including a clover leaf design. He stated that the Ciry was not involved with any'meetings or discussions, The Chairman also shared with the members an account of various meetings and ~~ discussions with JTA and their proposals regarding mass transit, bus station location and 'a trolley for Towri Center, JVlayport and the Beaches. I There being no further business to come before the board the meeting was adjourned. SIGNED ATTEST _. ._. _ - .. _ ..... _...... __~~.._.... .f/.1V".~.C ~L~. _-lrw.~:~11/~,,,1 f.=~:f~~` .. ~~J r -.. .. `~~_• ,1,~ :.};7 • ~;r-'.i' b• i C: r- ;? }~ f+:.L. 1.A..~i-..G t. .... .... r~.~ ..... ~ _.... ~ C •t• ~= a ~.,~..._~. L ~• ~ - - __..._ _~_.-.. ~ Lbw-:~^-..._. ~~\ ._.._`~: ~'_`.~ ~~~~_. _.. ~ ~ f , C41-_~.'r ,r,.~ .. ~ oi,. ' a 4 . F < <^ ~~ +',t'"~R _ d:" r. 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