08-20-85 v MINUTES OF THE ADVISORY PLANNING BOARD
CITY OF ATLANTIC BEACH
August 20, 1985
7:00 P.M.
CITY HALL
Present: W. Gregg McCaulie, Chairman
Comissioner John W. Morris, Jr.
Mrs. Ruth Gregg
Ron D. Gray
And: Richard C. Fellows, City Manager
Rene' Angers, Secretary
And: Alan Jensen
Bob Duss
Absent: Guy M. Jennings
Chairman McCaulie called the meeting to order at 7:15 p.m. He asked if
there were any comments or corrections to be made to the minutes of the
meeting of June 18, 1985. There being none, Ron Gray motioned that they
be approved as presented. Ruth Gregg seconded the motion which carried
unanimously.
The Chairman called the Board's attention to the New Business before the
Board.
NEW BUSINESS
Request for Use by Exception for a restaurant in a Commercial Limited
zoning district - M.B. Investments, Inc. , and First Coast Equities, Inc.
Alan Jensen introduced himself and stated that he represented the present
owners of the property. He introduced Bob Duss as representative of the
prospective purchasers. Mr. Jensen stated that the purchasers wish to
have a "drive-thru only" restaurant on the site which is located on the
southeast corner of Cornell Lane and Mayport Road.
Ron Gray declared a conflict of interest but stated that he would vote.
Ruth Gregg asked the proposed hours of the restaurant. Mr. Duss replied that
the hours would be determined by supply and demand, but it would probably
be in the range of 6-7:00 a.m. to 10-11:00 p.m. Mrs. Gregg expressed
concern that the noise would disturb the nearby residents.
Ron Gray asked Mr. Duss if he was familiar with a similar operation on
North Main Street. Mr. Duss replied that it would be the same basic concept
but felt theirs would be of better quality.
Advisory Planning Board
August 20, 1985
Page 2
Ron Gray asked if they would sell beer or wine. Mr. Duss replied that they
would not sell beer or wine. Mr. Gray asked if the ingress and egress would
be strickly from Mayport Road. Mr. Duss replied that they had not yet
prepared a site plan, but felt there was a possibility of some egress onto
Cornell Lane.
Chairman McCaulie suggested that the petitioners prepare a site plan for the
Commission's review.
There being no further discussion, Ron Gray motioned to recommend approval
of the request.
Commissioner Morris suggested that the notion be subject to submittal of a
site plan indicating a definite plan of ingress and egress.
Ron Gray amended his notion to reflect Commissioner Morris' suggestion.
Ruth Gregg seconded the notion.
Chairman McCaulie asked if there would be parking available for employees.
Mr. Duss replied that there would be parking for employees only.
Chairman McCaulie called the vote. The notion to recommend approval of the
request, subject to submittal of a site plan indicating a definite plan of
ingress and egress, carried unanimously.
i. i. * Sof j. J * .3. .t n .3 * *
MISCELLANEOUS BUSINESS
Ron Gray stated that the City had granted use by exceptions for the sale of
alcoholic beverages to two restaurants, Ragtime and Capriccio, and that
Ragtime is in the process of expanding into an adjoining unit and that
Capriccio plans to expand in the future. He asked if the use by exceptions
carry over to expansions of the operations. Commissioner Morris felt that
the City Attorney should answer the question and suggested that he motion
to direct the question to the City Attorney. Ron Gray so roved. Gregg
McCaulie seconded the notion. A discussion followed.
Ron Gray asked the position of the City on outside drinking of alcoholic
beverages. He stated that Ragtime has an hour to hour and fourty-five
minute waiting period for tables and that they are selling beer and wine
for consumption on the sidewalk area while patrons wait. A discussion
followed.
Chairman McCaulie asked that the City Attorney be consulted as to 1) whether
a use by exception has to be a continuing request, 2) if the answer is yes,
whether or not the City needs to immediately notify the person that was
issued a permit for expansion, with the probable assumption that they didn't
Advisory Planning Board
August 20, 1985
Page 3
need a use by exception to expand, to prevent him from any further monetary
loss, and 3) to find out whether or not it is in the Code of the City to
allow patrons to purchase beer or wine and go outside to consume it.
There being no further business to cone before the Board, Chairman McCaulie
adjourned the meeting at 7:50 p.m.
�
r(j-(.0.13V
W. Qre McCa il' , Chairman.
NAV
,;a CITY OF
titer JCaGIi - ?I471
14 k 716 OCEAN BOULEVARD
- - - - - - -- - -_ P.O.BOX 25
ATLANTIC BEACH,FLORIDA 322
�r4 ` TELEPHONE(904)249-2395
r+ L►�
August 23 , 1985 C cnvA110 ,11-IS
Mayor William S. Howell and
Members of City Commission
Atlantic Beach, Florida 32233
Re : Ragtime Exception for Sale of
Beer and Wine
Dear Mayor Howell and
Members of City Commission :
The Mayor has requested my opinion concerning the expansion
or extension of the premises at the corner of Atlantic Boulevard
and Ocean Boulevard which was granted an exception to the zoning
regulations by the City Commission on February 14, 1983 for the
sale of beer and wine for consumption on premises.
We have reviewed the records of the City and facts
surrounding this matter and in our opinion there is no violation
of the zoning regulations by virtue of the enlargement of the
restaurant facilities at the above location. It is also our
understanding that a building permit was issued by the City for
the construction of the addition to the restaurant called
"Ragtime" in compliance with the building code and the owner has
expended considerable sums of money in reliance thereon.
The application for an exception, filed by the lessee's
on January 1 , 1983, described the premises as to which the
use by exception was requested as follows :
"The southerly 15 ft . of lot 7 , all of
lot 8 , and that certain unnumbered lot
-1-Ying south of lot 8 , all on block 35 ,
Atlantic Beach, as recorded in plat
book , page 69 , of the current public
records of Duval County, Florida"
(underscoring supplied)
The Advisory Planning Board recommended approval of the
application for exception at their meeting of February 8, 1983 ,
and the City Commission approved the application and granted the
permit at its meeting of February 14, 1983 , with no negative
votes or any conditions or limitations thereto.
-' '� CITY OF
7-‹....,..,---
. ...1 _11) frec Cad - ?(0uda
k _____________�
7IGOCEAN BOULEVARD
P.O.BOX 26
ATLANTIC BEACH,FLORIDA 32233
t .i,�....��.-� _J1�
TELEPHONE(904)249-2395
Mayor William S. Howell and CLAUDE L MUILIS
Members of City Commission Page 2 August 2 ':'1l'85
Therefore, it is my opinion that the exception to serve beer and
wine granted includes all of lot 8, and there is no further
action required by the City Commission.
Sincerely,
G�,......--cf7
C aude L. T1u11>_s
CLM/dp .
cc : Richard Fellows
Renee Angers _
FORM 4 MEMORANDUM OF VOTING CONFLICT
LA AME-FI: NAME-MID OLE NAMEAGENCY is unit of: DATE ON WHICH VOTE OCCURRED
• ( i 1• El STATE
August 20, 1985
MAILING AD ESS NAME OF PERSON RECORDING MINUTES
e p!t PI\ cbV N!' DCOUNTY Rene' Angers
( ZIP COUNTY �� TITLE OF PERSON RECORDING MINUTES
V 1 NV4 lT L.�
\ e 6��� MUNICIPALITY Recording Secretary
NAME OF AGENCY SPECIFY
AI �/` v kmi 0 ❑OTHER
MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes §112.3143(1979) ]
If you have voted in your official capacity upon any measure in which you had a personal, private,or professional interest which inures to
your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest
below.
1. Description of the matter upon which you voted in your official capacity:
V�c Q '� c� c c k=� -' ') o (z. r aA V (Z A^ ,
2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or
the special private gain of any principal by whom you are retained:
(‘`) t\N eS� MVAte; i: iI9, Npz.c
3. Person or principal to whom the special gain described above will inure: �
a.D Yourself b.EVPrincipal by whom you are retained:�,v'/2�L 17,41 O/t-/
(NAME)
SIGNATURE DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON
RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT
WHICH HE VOT OCCURRED:
FILING INSTRUCTIONS
This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be
filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict
ofintPrest arises;if you vote,however, the conflict must be disclosed pursuant to the requirements described above.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES
GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,REMOVAL OR SUSPENSION FROM OFFICE
OR EMPLOYMENT,DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED$5,000.
CE FORM 4-REV. 12-79