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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 i7e e5: :-: .• _- - - :_: - .. . __. . - _:___•_ C,' _ Cr E:..,. C'_.. . E._.: -. 0.; _ __ 1!,..-.71 .71 a:-.3.e is CGecl. I C _ ..--------- TART EM 1_173 ----- - - ;RTF _ .. - - - . , - clt,T' 7Ez r' - r.- . . . .. cr, - . - :•i