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4-3-23 Special Called meeting Adopted MinutesMINUTES Special Called Meeting of the City Commission Monday, April 3, 2023 - 5:30 PM Commission Chamber INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 5:30 PM. Deputy City Clerk Nichols called the roll. ATTENDANCE: Present: Curtis Ford, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 Michael Waters, Commissioner - Seat 3 Candace Kelly, Commissioner - Seat 4 Jessica Ring, Commissioner - Seat 5 Also Present: Joe Gerrity, Interim City Manager (CM) Jason Gabriel, City Attorney (CA) Ladayija Nichols, Deputy City Clerk (DCC) Kevin Hogencamp, Deputy City Manager (DCM) Amanda Askew, Planning & Community Development Director (PCDD) CALL TO ORDER AND ROLL CALL 2. PUBLIC HEARING - APPEAL (APP23-0001) 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 A. City Attorney Procedural Reminders CA Gabriel explained the appeal hearing procedures as outlined in the agenda packet. C. Swearing In of all persons who will speak All those providing testimony were sworn in by Deputy City Clerk Nichols. B. Disclosure of Ex Parte Communications, if any Commissioner Bole • No communication. Commissioner Kelly Special Called Meeting of the City Commission April 3, 2023 • Had discussions pertaining to what the applicants wanted to do with the properties. Commissioner Ring • Met with the applicant and his attorney to discuss what the plans were for the storage units. Commissioner Waters • Received emails from the paralegal of the applicant's attorney. Mayor Ford • Met with Mr. Traynor and Mr. Whitfield about why the Commission should look for approval on the request. D. City Staff Overview, Documentation and Presentation/Testimony PCDD Askew presented as detailed in the agenda packet and a slide show (which is attached hereto and made part of this Official Record as Attachment A) and provided an overview of APP23-0001. She also explained the criteria to use when making their decision. Mayor Ford asked when 1089 Atlantic Boulevard was built. PCDD Askew said that she would have to defer to the applicant to answer this question. Mayor Ford mentioned that he wanted a better understanding on when the City started limiting storage within CG (commercial, general). PCDD Askew answered that in 2003 it was removed as a use by exception in the CG. Commissioner Ring inquired about the newer build next to the storage unit (the current appeal). PCDD Askew confirmed that she knew which building Commissioner Ring was referring to and mentioned that they must have had a use -by -exception back then and clarified that staff wouldn't approve something if it was not allowed by Code. 4-3-23 Attachment A E. Applicant's Documentation and Presentation/Testimony Michael Traynor, Attorney with ORR I COOK, made brief remarks regarding the appeal and the reasons why he felt the new project would be a great addition to the City. Randall Whitfield, applicant, briefly explained who he is and provided background on his company, Ash Properties. He explained his reasoning for wanting to have his project approved and answered questions from the Commission. Mr. Traynor returned to provide further reasoning for wanting the project to be approved and answered questions from the Commission along with Mr. Whitfield and PCDD Askew. F. Public Comments None. Special Called Meeting of the City Commission April 3, 2023 G. Closing Comments/Rebuttal PCDD Askew provided closing remarks. H. Commission Deliberation and Action Commissioner Ring mentioned that all of her questions were answered and expressed that she has issues regarding the 2013 building that was renovated and approved. G. Closing Comment/Rebuttal Mr. Traynor provided closing remarks. H. Commission Deliberation and Action Commissioner Waters expressed that making this choice would be a difficult one. He mentioned that he understands the need for the structure but also the need to follow the Code. Commissioner Bole echoed Commissioner Waters and Ring's comments. He also expressed that he likes the idea of the project providing a service to the residents but he goes back to the error being made (previous approval, of a different structure, as a use by exception in 2013). Commissioner Kelly expressed that she feels obliged to abide by the Code as it stands. Mayor Ford shared that he is troubled by this appeal and that he does not want to do anything at this meeting to rewrite the Code. When asked if staff was looking at Chapter 24, PCDD answered that they are and that it will be brought to CDB and multiple community meetings. She also clarified that it will be about six months before it's actually passed. There was discussion on tabling the appeal. A brief recess was taken to allow the applicant and the applicant's attorney to deliberate. Mr. Whitfield thanked the Commission for the time to deliberate and clarified that he is willing to postpone. MOTION: To table this request and bring it back within 90 Days. Motion: Bruce Bole Second: Jessica Ring Curtis Ford Bruce Bole (Moved By) Michael Waters Candace Kelly For For For For Special Called Meeting of the City Commission April 3, 2023 3. Attest: Jessica Ring (Seconded By) Motion passed S to 0. ADJOURNMENT The meeting adjourned at 6:52 p.m. VZW&a4l'r Donna L. Bartle, City Clerk Date Approved: 7124 / 2e2,3 For rjak �;fT Curtis Ford,IMay6r Special Called Meeting of the City Commission April 3, 2023 Attachment A to 4-3-23 Minutes AAP23=0001 (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 to 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 4-3-23Mlnutes 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 Applicant wants to demolish and rebuild MigNesting fi mini-warehouses/personal storage facilitates in the Commercial General Zoning district. 9 1 Attachment A to Applicant wants to demolish and rebuild the exiOftes mini-warehouses/personal storage facilitates in the Non-Conforming Uses At4-3-23 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 ;Yrecord. 3 Minutes Sec. 24-84. - Lots of record and nonconforming lots (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 Us=23hment A to 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 Dr,,:achment A t 3-23 Minutes Staff determines that the properties are located within the Commercial General (CG) zonin CPO Commercial, Professional Office - CL Commerical, Limited - CG Commercial, General CBD Centra( Business District `\\ TM Traditional Marketplace f ftp �..�..����.. 17 -lia r districts a =II=I■=. 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 a use -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 or3Minutes 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." {e} PervedusesN uses Pe'mDdIrzc"1-'7 Attachment A to 4-3-23 Minutes (1) serklew'Ornfm Pit as oarbrv'i ::::-:z Pa 7.-: z -.z (.) 6UaineSsDffces9itha5r!a'aSIDt!GfCClr rnnaanises SMI . M n, kt wens, ivm, numm, c, :v:ei ni MurLdpai, rariwr wl.diirf aid fa:ftes. (9J IXtsvotitinthen�rstd�arplrsuartamtreA'tDblelKersea�e=-:-; (10 Asirfe a oui4irjoccuot: y a Dermed r6ii use,­ (1t}fpNdwrli�un�r�tinab�akting�nlpiedtr�apKmialdre�i.;?:..e::.:::_':rapuClicame^it�asdesc^brdinxa�n2�•1'frdnlryforz�ftie(d5}teet (I.) SW I'm, h611, nm aid vCM for ttrefne or Perf"mrsarts or rrer :flood' art, forists, PNMgraric wiz. SP -2 A:x 4jt emiesa e overt rm fvn't'T and app ianM. offa 'Quipren and tr.turee, hrNare, lurriber rd j14) PmP sajeotoear and -e,- f^rff� remes corsumprv. (151 t3n•p uses nnsum on of bee, and we on'y in coryunton Wb_ a tv -n^wtc- :e use %riere unpabiaged ready4xvisurre food s prepared :iste and served tone w1vierv64 seated at tables or murers Dated 'n a seating area ANP or (t7) limetntertainmtnt�rdoersandn:^•;-cried Crafts w. ardaturi stud^, -,el votlVig and Wmton sNps not to 0(ceed two thawd fro'wft(45M) squale feet. :':Sf edasauseoceprunpuauatasuhsecan(;}x ,v T!: fri A I 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 A4-3-23Mlnutes •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 Attachment A to 4-3-23 Minutes Attachment A to 4-3-23 Minutes Z)NCEPTUAL I AERIAL VIEW FROM SOUTHWEST CONCEPTUAL DESIGN MARCH 24, 2023 / 1073 ATLANTIC BEACH BOULEVARD 1 ATLANTIC BGCH. 7L 32233 ASH IT()PF RI II , CONCEPTUAL I AERIAL VIEW FROM NORTHWEST CONCEPTUAL DESIGN MARCH 2A,2023 1073 ATLANTIC KACM BOULEVARD 2 ATLANTIC BEACH, FL 32233 ASH PROPFRI ItS Attachment A to 4-3-23 Minutes .ONCEPTUAL I AERIAL VIEW FROM SOUTHEAST / CONCEPTUAL DESIGN MARCH 2A, 202 0I � 1073 ATLANTIC BEACH BOULEVARC i� ATLANTIC BEACH. FL 32233 NtiF4 PN/11l1-kII111 13 CONCEPTUAL I sour- Ell All. �k4 Attachment A to 4-3-23 Minutes ATLANMM SELF STS 0-0, CONCEPTUAL DESIGN MARCH 2., 2023 1077 ATLANTIC !EACH BOULEVARD 6 NTI ATLAC !EACH, EL 322]] ASH PRO PFRIILS CONCEPTUAL I sour. E,EVATio. CONCEPTUAL DESIGN MARCH 24, 2023 _m o 1072 ATLANTIC BEACH BOULEVARD 3 i. �,' � ATLANTIC BEACH, FL 22232 ASH PROPERTIES CONCEPTUAL I SOUTHWEST CORNER CONCEPTUAL DESIGN MARCH 24, 2023 0- 1073 ATLANTIC BEACH BOULEVARD 7 &- ATLANTIC BEACH, PL 32233 ASH PROPFKI IF> CONCEPTUAL I WEST ELEVATION MURAL Attachment A to 4-3-23 Minutes CONCEPTUAL I sOUTMEILsT CORNER CONCEPTUAL DESIGN MARCH 24, 2023 io;�'- 1077 ATLANTIC !EACH 6OULIVARC C - r ATLAWIC $EACH. FL 32213 ASH PROPERTIES Commission Action Attachment A i 4-3-23 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.