03-05-84 v MINUTES OF THE ADVISORY PLANNING BOARD
CITY OF ATLANTIC BEACH
SPECIAL CALL MEETING
March 5 , 1984
CITY HALL
7 : 00 P .M.
PRESENT: W. Gregg McCaulie , Chairman
Commissioner John W. Morris , Jr.
Mrs . Ruth Gregg
Guy Jennings
Ron Gray
AND : A. William Moss , City Manager
Rene ' Angers , Recording Secretary
AND: Carol McClelland
John Recupito
The meeting was called to order at 7 : 05 p .m. , by Chairman
McCaulie . He asked if there were any corrections or additions
to be made to the minutes of the meeting of January 17 , 1984.
There being none , Ron Gray motioned to approve the minutes
as presented.
Chairman McCaulie seconded the motion which carried
unanimously.
i. ' :C * iV iC 4 * * * n * * n i�
Chairman McCaulie called the Board' s attention to the only
item on the agenda, a request for Use by Exception by Porto ,
Incorporated to sell beer, wine and liquor for on premises
consumption at Capriccio ' s Restaurant .
Ron Gray declared that he had a conflict of interest and stated
that he would be asking questions and making comments but would
not vote.
Chairman McCaulie asked if there was any one present to speak
on behalf of the application.
Carol McClelland, 2528 Dauphine Court West , Ponte Vedra Beach ,
introduced herself and stated that she represented Candler
Development Company, the developers of the shopping center
where the restaurant is located. She showed the Board a floor
plan layout of the restaurant . She stated that it would be an
elegant Italian Restaurant and that they would like to be able
to serve alcoholic beverages .
Advisory Planning Board
March 5 , 1984
Page 2
Chairman McCaulie stated that the application doesn' t tell him
YEc4 I anything as to why they should have the Use by Exception other
,,, � than because they want it . He informed Ms . McClelland that in
the future , if she or anyone else wants to make application
for this type of thing it should be in more detail , adding
Aithat half of the application was blank.
The Recording Secretary pointed out that the bottom of the first
first page and the entire second page was for the Board to use
as a guideline for their review and was not actually part of
4 .4k the application.
Chairman McCaulie suggested that something needed to be done ,
(S possibly revising the application.
Commissioner Morris stated that when he received the application
he first went to the Land Development Code book under Commercial
General zoning to clarify that a Use by Exception is required
for a restaurant to serve alcoholic beverages . He asked
Chairman McCaulie what else he would expect to be on the
� application.
rN
The Chairman replied that there should be some specific reason
why they feel it would be appropriate to grant the request .
He gave an example ; that there are other establishments in the
H ' rea that have the ability to serve alcoholic beverages .
1 Ms . McClelland stated that it is necessary to serve alcoholic
.;'"' `6 a beverages to compete with the other restaurants in the area.
� 1Z She said that it is a natural assumption that when someone
goes into a nice restaurant that they ought to be able to have
a drink before or along with their dinner , adding that it is
not the main attraction of the restaurant .
Q:L. '
Chairman McCaulie asked whether the establishment would be
considered primarily a lounge or a restaurant.
Ms . McClelland replied that it is a restaurant . She directed
the Board' s attention to the floor plan and noted the size of
the kitchen which consumes almost half of the floor space .
H )'" Ron Gray asked the number of seats to be in the restaurant .
45
Ms . McClelland stated that their goal is 150 seats but hoped
oto squeeze in a few more .
Ron Gray asked how many seats were on the seating chart .
Advisory Planning Board
March 5 , 1984
Page 3
Carol McClelland replied that they didn' t have a seating chart
at the present time.
Ron Gray stated that they could not grant the request because
150 seats are required for a 4C0PSRX Liquor License.
Mr . Recupito , one of the owners of the restaurant , stated that
there would be 150 seats .
Mr. Gray asked if they would meet the State of Florida Alcohol
Beverage Board' s requirements for an SRX License .
Mr. Recupito replied that they would meet the requirements .
Chairman McCaulie asked Mr . Recupito if he would like to make
any comments .
Mr. Recupito stated that he lived at 606 Park Avenue , Orange
Park, Florida. He told the Board that he was opening the
restaurant to serve good food, and that he wasn' t after serving
alcohol. He stated that an Italian restaurant needs to be able
to serve wine . He noted the size of the bar on the floor plan
layout. He said that it would be used mainly for customers
to have a cocktail while waiting to be seated and that there
would be approximately fifteen seats/ _G-e,-1r,
Ruth Gregg asked the hours of the restaurant .
Mr. Recupito replied that they would be open from 11 :00 a.m.
to 11 : 00 p .m.
Guy Jennings asked when they would be opening .
Mr . Recupito stated that they would probably be open by the
end of March.
Mr. Jennings asked if Mr . Recupito owned any other restaurants .
He replied that he and his partner owned Casa D 'Oro at University
Boulevard and Ft. Caroline Road, and a small restaurant in
Orange Park. He stated that he was very proud of his restaurants
but they were not exactly what he wanted, adding that Capriccio
is exactly what he wants . He said that the furniture was
imported from Italy , and that everything is custom made .
Ron Gray stated that he was familiar with Mr. Recupito ' s other
restaurants and that he was familiar with Capriccio and had
worked on the plans . He stated that they are high quality
Advisory Planning Board
March 5 , 1984
Page 4
establishments and that it would be a welcome addition to
Atlantic Beach.
Guy Jennings motioned that the Board recommend approval of
the request for Use by Exception to serve alcoholic beverages
based upon them meeting the State requirements .
Ruth Gregg seconded the motion.
Chairman McCaulie asked if there was any discussion from the
audience on the application.
There was none .
Mr. Moss stated that many of the questions about the right to
sell liquor , beer , and wine is dealt with in a different section
of the City Code . He said it provides that a restaurant with
150 seats can serve alcoholic beverages . He stated that they
were trying not to mix that with the zoning question . He
stated that the legal question is decided by the City Attorney.
The Advisory Planning Board has to decide whether or not they
want to grant them that right providing they meet other
requirements of the State .
Cohmdssioner Morris stated that his concerns were regarding
the distance between establishments serving alcoholic
beverages , that there was a legal question on whether they
could be denied because of restraining trade. He added that
it was his opinion that the safest way for the City would be
to grant the request .
A vote was called and carried unanimously , Mr . Gray abstaining.
i: n :f 'n n i. i. n ' * * * J: is * .& * * * * * i. i. i.
Chairman McCaulie asked if there was any other business to come
before the Board.
Members of the audience replied that they were present to hear
a re-zoning request on Ninth Street .
They were informed that it would be on the agenda of the meeting
of March 20th.
Chairman McCaulie stated that it was not on the agenda for
tonight' s meeting and that the Board was not prepared to
discuss it .
•
Advisory Planning Board
March 5 , 1984
Page 5
Ron Gray motioned to adjourn the meeting. Ruth Gregg seconded
the motion which carried unanimously.
The meeting was adjourned at 7 : 35 p .m.
•
W. ' regg Mch 4 e , Chairman
.'I=OV,k 'i 4A, DISCLOSURE OF BUSINESS T RANSACTIOGN,
RELATIONSHIP, OR IN ISREST
PART A //�� ice! r�C� / I
.._..le: C.RR'? — -- --- Ron) 1� (.-D `"--- — Telephone:�C1--- k
ii451ST1 . DDIE, IA Cr ,r:,,.'PfH
Address: - Q& CAN 1ejV R-TLPIAINIc� a_-711,.. µ _12,233 - .Dt A_L..
is•ucrir iCi1Yr (7,CODE) ,COUNTY,
PART B
Filing as a: ( ) Public O'f.cer. ( ) Public Employee: ( (d;isory Board Member
Agency is a unit of !check one): ( ) State of Florida: (County. City or other Political Subdivision
Name of Agency: — 1l D 1/1 S bR‘i) P L WSJ I A) cg, Q o!Rao - -- --
Position held in agency: in► 6-4.7 3 F Q- ------------ -- ------
Date on which term of office or employment began: M f 5'� —____ —_—__—__--- ____ — _--
PART C DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER
I Required by§112.313(12), Florida Statutes(1977))
WHO MUST CO:.:PLETE THIS FART
Sections 112.313?3;and 112.313,7x. Florida Statutes, prohibit certain bus ness relationships on the part of public officers and employees. including persons serving on
advisory boards. See Part III, Chapter 112, Florida Statutes and or the brochure entitled -A Guide to the Sunshine Amendment and Code of Ethics for Public Off cess.
!.dates and Er-voyees" for more details on these prohibaions However. Section 112.313(12), Florida Statutes (1977) permits the appointing official or body to
e these req::-e'nents in a part,: iar instance provided: (a) waiver by the apt c".ting body must be upon a Iwo-thirds affirmative vote of that body.or (b) wai.er by
me actio^ting person may be effected atter a public hearing.and tc1 in e ther case the advisory board member must fully disclose the transact on or relationshic w`.ich
would otherw.se be prohibited by Subsections(3)or(7)of Secton 112 313. Florca Statutes.This Part of Form 4A has been prescribed by the Commission on Ethics for
such disclosure.if and wt en apphca.fe to an advisory board member.
Please complete the following only if required to do so in light of the above:
1. The partnership, directorship, proprietorship, ownership of a material interest. posing f officer, employment, or contractual relationship which would otherwise
violate Subsection (3) or (7) of Section 112.313, Florida Statutes is held by: ( The reporting person: Pursuant to Section 112.313(3). Florida Statutes.
( ) Spouse of reporting person whose name is — or ( ) Child of the reporting person whose name is
2. Tne particular transaction for which this waiver is to be granted involves'
a. Supplying t-e following realty. goods and:or services: g 6:57-P v Nr g-tpvf m r --
b. The¶c'.:::, `'__.tress entity wit'supply these commodities 5.0&.0.41.40,,, 1 14-F, 1 ive, ,
C. The relat :-_nip of the unders:ned advisory board member or spouse or child of such advisory board member to the person or business entity transacting trris
business is,CF.
n:eck applicable -aces):
( ) Officer. ( 1 Partner. r x Associate. ( Employee. ( ) Sole Proprietor: i ) Stockholder: ( 1 Director: I 1 Owner of in excess of Sc.. of the assets or
capital stock in such business entity: ( ) Public Officer Or embio,ee hoc rig a contractual relationship with such business entity.1 i Other,please describe.
PART 0 DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY
IRequ•rec:r, §112.313(i2rie,. F;or '' E'=•.,:es 11977)
•
P:HO MUST COMPLETE THIS PART
Sections 112.313 :: . 112.313,- . :- - . . _ els re:at:c^_b -.E part of public officers and employees See Part III. Chapter 112
Florida Statutes c-: . . brc: _ - . .-. : - : and Ce__ - _. cs for Public Ohicers. Ca-..c dates and Em:':oiees for more ceia'!s
on these prom : ' :-F :.'.e.'er. _ :' : 12 _ : _r _. _ :.D1ion fr::m Ins aoc.e-•''snt oned reStr.ctiOns in the a enl teat Inc
Dusiness emit., -.: .i-,.-: e c' _ _ - . -:- ' - • -- ._•__ . : . ._ • e:pioyeE . .In sc2555 me officer 5 or e-Tutu oje?S interest in the
buttress ent: _:• _- _ _
c _ _.-7_ .. _ - . :: . F___ _
: _ . Th.::. of Form rias :tee" u'esc•,:ed b,the Commission on Emres to'
1 disciosure.-•,=-: .,.,en a'_:-__
se „fete. :• : ..ng o • s_-.'ed to do so in lign:o`. .: :;7:...,.-
.1. . :=s being 5_:: c_ by a cus:ness err _ e. c c",cer or emoloyee or spouse or child Or sun officer or emp.0)ee is
----?- '• -: :, r.-._' !51"- - _ 5_7 u•ce C'su.r, • ::,.::s C' - .. . .." :-E .. ._: .._.•. ..rJn is
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