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4-3-23 Attachment AAttachment A to 4-3-23 Minutes AAP23mOOO1 (Appeal of administrative decision of the Planning and Community Development Director that mini-warehouse/personal storage facilities are NOT a permitted use within the Commercial, General (CG) zoning district) Appeals in Chapter 24 A4-3-23 Minutes • Section 24-48 —Planning and Community Development Director.... "...administer and implement this chapter and accomplish actions required by this chapter..." *Section 24-46 — appeals of the admin. decision of the Planning and Community Development Director may be made by any adversely affect person and is to be heard by Commission. Attachment A to • Appeal is different than a waiver or 4-3-23"Inutes variance request in that an appeal alleges that an error has been made in an order, requirement, or administrative decision made by the planning and community development director. •Commission will evaluate the information and approve or deny the appeal based on the facts oo Applicant wants to demolish and rebuild MiNexisting mini-warehouses/personal storage facilitates in the Commercial General Zoning district. C, s ..a t 10'79 A•TILANTIC 9LVD Attachment A to Applicant wants to demolish and rebuild the exi'Mi ages mini-warehouses/personal storage facilitates in the Commercial General Zoning district. ITH 1 4TI 74 W 4TH .sr,, 85W 3RD 390 MAYPO ST RD 310 AYPORT RO - }S:T S2 W 3RD mz 41 W 2ND BseIr ~,, Ei WET T! ST Non-Conforming Uses A4-3-23 Minutes Sec. 24-84. - lots of record and nonconforming lots of record. (a) Intent. Within the established zoning districts, there exist structures, and uses of land that were lawful prior to the adoption or amendment of these land development regulations. Such uses and structures would be prohibited, restricted or regulated through the provisions of this chapter or the adopted comprehensive plan. It is the intent of this section to recognize the legal rights entitled to property owners of existing nonconforming uses and structures, and to permit such nonconformities to continue in accordance with such rights, but not to otherwise encourage their continued survival. Furthermore, the presence of any nonconforming characteristic shall not be considered as justification for the granting of variances, and any nonconforming structure or use, which is made conforming, shall not be permitted to revert to any nonconforming structure or use. Attachment A to 4-3- 3 Minutes Sec. 24-84. - Lots of record and nonconforming lots o record. (b) Nonconforming structures. (1)No nonconforming structure shall be expanded or enlarged unless such expansion or enlargement complies with the terms of this section and other applicable provisions of this chapter, including without limitation, building setbacks. (3)A nonconforming structure may be maintained, and repairs and alterations may be made subject to the provisions of this section. (4) No additions, expansions, or accessory structures may be constructed which would expand a nonconforming use of land. (6)The voluntary demolition by the owner of any nonconforming structure or portion thereof shall constitute evidence of willful abandonment of such nonconformity (ies) and shall not be reconstructed and all construction thereafter shall comply with the terms of this chapter. Code Timeline A 4-3-23 Minutes 1982: • Included in Commercial Intensive (CI) as use by exception 1985: • The Cl district removed/eliminated • Mini warehouses not allowed in Commercial General (CG) • Mini warehouses added to Light Industrial (LIW) as permitted use 1986: • Mini warehouses added as use by exception in CG • Still permitted use in LIW 2001 code rewrite: • Still ubex in CG • Still permitted use in LIW 2003 code rewrite: • Removed as ubex in CG • Still permitted use in LIW Staff's determination of Use -23 Minutes Staff determines that the existing use and proposed use meets the definition of mini -warehouse or personal storage facilities in 24-17. "Mini -warehouses or personal storage fay include all those businesses, which are utilized for the sole purpose of storage of tangible personal property other than motor vehicles. No business activity shall be conducted within mini -warehouses or personal storage facilities." Staff's determination of Zoning DVzc2hment A t 3Minutes Staff determines that the properties are located within the Commercial General zonin CPO Commercial, Professional Office CL - CG CBD \�, TM Commerical, Limited Commercial, General Central Business District districts •fir f�[�i4 !r Attachment A to 4-3-23 Minutes Staff determines that the properties are NOT a permitted use within CG. 24-112 (a)lntent. Within the City of Atlantic Beach, the CG zoning district is intended for uses, which provide general retail sales and services for the City of Atlantic Beach and the closely surrounding neighborhoods Section 24-112 — Commercial General District "Commercial general district," mini -warehouses or personal storage facilities is not listed as a permitted use or ause-by-exception within this zoning district. Further, subparagraph (b) of this section specifically does not allow storage facilities stating: Attachment A to "It is not possible to list all potential permitted or23Minutes prohibited general commercial uses within this section, but typical uses permitted within the CG zoning district shall include neighborhood serving uses, which shall mean low intensity commercial uses intended to serve the daily needs of residents of the surrounding neighborhoods. Such uses shall not include manufacturing, warehousing, storage or high intensity commercial activities, or commercial uses of a regional nature, or such uses that have the potential for negative impacts to surrounding neighborhoods and properties due to excessive traffic, noise, light or extremely late hours of operation or other factors that may adversely affect existing commercial uses or any nearby residential uses." Pernmed uses N uses pernm!d in N tradmonal nwecoace d�laqswl De. 4-3-23 MinuteAttachment A tos Ser, ; pre, tags: sundne., and noft"S, bok, staftnery VT. jeWil rj Ve::z ­j ur".3 Rem, rvA ent.pters, and si* r um. am troKer, and S!Mbr Um —x ni A:: itlrarc (91 t<s-5 n:ht rlp "i pursue "Cat"t lung agreement `use "n neped f1w Ora pubic awbi as dmnbtdd injIT&., �U- very fony-tve (451 feet every fbrrpfye (45)fen (13) PzaoWes fl,rthe sale off0d, art, forts, PNt:'p;' - zS Spo'.T"'r,11002, Wy shops and r. steeps (not anift ken* c.'veerpanan), Wn [M and trnbil, hardware, IvrL-and wldi rnate4s, M, (Kai and tranne rewed dam, and sim!ar rettail Uses (14) Praii sale of teer and W- : -. •: — :: -: _--: n. (151 Or-Pmlsesnunpton of bee, a.-- a fil; septlxe rem rar,Nhcn is servie use Atere uraCL"- readilioowne fond prepared �,d*.,,e and wA tone omw wn"[a w,-d r, ta-.:4: l"TriediatelyadjK-luotne Wmirg 1191 Miatd w projelzaftnirjTt VveUSIS and maSf x::,! ,,,•Ta:.;.^!ncanurtcdon�xhabramyorad<stilal 10*w4vertal ortDOR awtil shruern rem! as defined wrImA_,cn 24-17. Val Full list on agenda page #60-62 Attachment A to 4-3-23 Minutes "....Where a proposed use is not specifically listed in this section, the permissibility of the use will be determined based upon its similarity to listed uses and the compatibility and potential for adverse impacts to existing nearby uses....." Attachment A to 4-3-23 Minutes Mini -warehouses and personal self -storage is specifically listed as a permitted use within the Light Industrial and Warehousing (LIW) zoning district which is intended for "storage and warehousing", per Section 24-113. Staff's admin. decision Attachment 4-3-23Mintes •Property meets the definition of a mini - warehouse /personal storage facilities *Property is Zoned CG *This use is NOT permitted in this district it is not "...possible to list all potential permitted or prohibited general ..... Such uses shall not include manufacturing, warehousing, storage or high intensity commercial ...." • LIW specifically list this as a permitted use Commission Action A4-3-23 Minutes Commission will evaluate the info. and approve or deny the appeal Approval of the appeal =the planning and community development director admin. decision is NOT correct =mini -warehouse /personal storage is ALLOWED in CG. • Denial of the appeal = ping. &comm. dir. admin. decision IS correct = mini - warehouse /personal storage is NOT allowed in CG. Attachment A to 4-3-23 Minutes Applicant -'s Presentation Attachment A to 4-3-23 Minutes Attachment A to 4-3-23 Minutes ate. s Attachment A to 4-3-23 Minutes Attachment A to 4-3-23 Minutes Attachment A to 4-3-23 Minutes 3INCEPTUAL I AERIAL VIEW FROM SOUTHWEST CONCEPTUAL DESIGN MARCH 24, 2023 0-0, 1073 ATLANTIC BEACH BOULEVARD 1 16 ATLANTIC BEACH. FL 32233 lSfi PROPFRI IFS CONCEPTUAL I AERIAL VIEW FROM NORTHWEST 0-,,o ASH PROPERTIFS CONCEPTUAL DESIGN 1073 ATLANTIEA C SUCH BOULEVARD ATLANTIC EEACH. R 32233 MARCH 24, 2023 Attachment A to 4-3-23 Minutes .ON:CEPTUAL I AERIAL VIEW FROM SOUTHEAST CONCEPTUAL DESIGN MARCH 2A, 202 1073 ATLANTIC BEACH BOULEVARD �i6 ATLANTIC BEACH, FL 02233 ASH PRCVFRTIPC 771 CONCEPTUAL I SOUTH ELEVATION Attachment A to 4-3-23 Minutes 04 CONCEPTUAL DESIGN MARCH 2A, 2023 1077 ATLANTIC BEACH BOULEVARD A ATLANTIC BEACH, FL 32233 ASH PK( )PF KI IbS CONCEPTUAL I sour+ ELEVATION CONCEPTUAL DESIGN MAIICH 24, 2023 ' 1073 ATLANTIC !EACH BOULEVARD s i - ATLANTIC HACH. FL 32233 \5H PROPFRl IF` Attachment A to Ira Ll CONCEPTUAL I OFFICE + LOADING DETAIL CONCEPTUAL DESIGN MARCH 14, 1023 a _ �_ 1073 •ru+Tlc LEACH LouL[vAllc s ATLANTIC LEACH. fl 32233 �1�H PROPFRI IFS CONCEPTUAL I SOUTHWEST CORNER 0.0. CONCEPTUAL DESIGN 107TLANTIC BEACH BOULEVARD 'B' ATLANTIC BEACH. Et 32233 -%5H PROPFRI IFS Attachment A to 4-3-23 Minutes =' MARCH 24. 202' Attachment A to 4-3-23 Minutes CONCEPTUAL I WEST ELEVATION MURAL CONCEPTUAL DESIGN MARCH 24, 2023 - �.,r.. t:=' arL<•a: ?Eu.r ECV,E•<F_ 9 .ASH PROM-*IIES Attachment A to 4-3-23 Minutes i r CONCEPTUAL' SOUTHEAST CORNER CONCEPTUAL DESIGN MARCH 24, 2023 1473 ATLAUTIC BEACH 60ULEVAIRC 9 ATLANTIC EEACH, ft 37293 l;H llkupl-kl IFS Commission Action A4-3-23 Minutes Commission will evaluate the info. and approve or deny the appeal •Approval of the appeal =the planning and community development director admin. decision is NOT correct =mini -warehouse /personal storage is ALLOWED in CG. • Denial of the appeal = ping. &comm. dir. admin. decision IS correct = mini - warehouse /personal storage is NOT allowed in CG.