50-Minutes 1-23-84 (00651537xBA9D6)PAGE TWO
MINUTES
JANUARY 23,198
Correspondence - continued
Motion: Grant the request for water and sewer subject to the
availability of sewer service based on the expansion of
the city's plant. The contract (s) be later' approved
by the City Commission.
The motion carried three to one. Commissioner Morris
voted no.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Advisory Planning Board
A. "Use by Exception" Application - Maureen A. O'Malley -Conven-
ience Food Store - Southeast Corner of Plaza & Mayport Rd.
The City Manager reported that the Advisory Planning Board reviewed
a "Use by Exception" request on January 17, 1984 that was submitted
by Maureen A. O'Malley, representing Huntley -Jiffy, Inc. They would
like to build a convenience food store with gasoline
facilities. The property is zoned CL which permits convenience stor'
but the sale of gasoline is permitted only as a "Use by Exception".
The City Manager stated that he also told the Board that the "I,iquo'
Ordinance" allowed grocery stores to sell beer and wine for off -
premise consumption. After discussion of several' concerns, ihcludin;
»'0o many convenience stores in Atlantic Beach and on Mayport Rd.;
presently have severe traffic problems•an Mayport Rd, and the sale
of gasoline would add to the problem,'and there would be ingress ani
egress problems at that location and the area would become a "hang-
out", the Board, by a vote of 4-0, recommended denial of the appli-
cation for a "Use by Exception" permit.
Motion: Approve the request for a "Use by Exception" applicatio
submitted by Maureen A. O'Malley, representing Huntley -
Jiffy, Inc. for a convenience food store with self-
service gasoline facilities at the Southeast corner of
Plaza and Mayport Road.
Discussion followed before the vote. Commissioner Cook did not agree
with the Advisory Planning Board's reasons for denying the applica-
tion and said he didn't notice any objections raised when they built
a restaurant across the street from the Sea Turtle.- "That's what
this nountry is all about - survival of the fittest and competition.
It's not for government to regulate how many we are going to have".
Commissioner Morris commented that Commercial Limited zoning does
not allow the sale of beer and wine and in order to grant their re-
quest the zoning would haveto le changed. Mayor Howell agreed that
the Zoning Ordinance should be amended. He also stated that the
Board's argument that there were too many convenience stores in the
community "smacks of anti-trust.". The City Attorney stated that the
State Statutes under the beer statute provides that no local govern-
ment can prohibit through zoning the sale of beer for "off -premises"
consumption. After discussion, it was the City Attorney's opinion
that there were no legal grounds for the City: Commission to deny
the request. The question was called and the motion carried
unanimously.
Names of
Corns.
MS
V
Y14
V
Cook
x
x
Gulliford
Morris
Howell
x
x
x
x
3
Cook
Gulliford
Cook
Gulliford
Morris
Howell
x
x
x
x
x
x