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5-8-23 Special Called Meeting Adopted Minutes-�� MINUTES Special Called Meeting of the City Commission Monday, May 8, 2023 - 5:30 PM Commission Chamber PLEDGE TO THE FLAG ATTENDANCE: Present: Curtis Ford, Mayor Bruce Bole, Commissioner - Seat 2 (District 1308) (Arrived at 6:07 p.m.) Michael Waters, Commissioner - Seat 3 (District 1307) (Arrived at 5:36 p.m.) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Also Present: Joe Gerrity, Interim City Manager (CM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Amanda Askew, Planning & Community Development Director (PCDD) 1. CALL TO ORDER AND ROLL CALL Mayor Ford called the meeting to order at 5:30 p.m. and City Clerk Bartle called the roll. 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 provided an overview of the appeal hearing procedures as detailed in the agenda packet. B. Disclosure of Ex Parte Communications, if any Commissioner Ring reported meeting with Mr. Traynor and the storage unit's owner in March but has had no further communication. Commissioner Waters reported having no exparte communications. Mayor Ford reported having spoken to Mr. Whitfield and answered a few questions. C. Swearing In of all persons -*,�ho will speak Special Called Meeting of the City Commission May 8, 2023 City Clerk Bartle administered the oath. (Commissioner Kelly arrived at 5:36 p.m.) D. City Staff Overview, Documentation and Presentation/Testimony PCDD Askew reviewed a presentation (which is attached hereto and made a part of this Official Record as Attachment A). Commissioner Waters asked about the zoning districts when the units were built. PCDD Askew responded the area was zoned Commercial Intensive (CI) as use -by -exception. She explained the permitted uses have changed over time. He also asked if the owners modernized and kept the same space, would it be permissible. PCDD Askew responded that renovations and physical improvements could be made, but expansion and enlargement could not. CM Gerrity asked for clarification regarding the voting process and if the staff was in error. CA Gabriel responded with clarification regarding voting on an appeal of an interpretation of a Code reading. Commissioner Kelly reported having no exparte communications. 5-8-23 Special Called Meeting Attachment A E. Applicant's Documentation and Presentation/Testimony Attorney J. Michael Traynor reviewed a presentation as detailed in Attachment A. Mr. Traynor provided a brief history of the property and zoning history. He spoke about the future plans for the property's appearance and usage. He expressed that he believes the decision of PCDD Askew's interpretation of the section of the Code is incorrect. Mr. Traylor spoke about his interpretation of the Code section and how the property fits into the Code. Commissioner Waters asked for clarification regarding the new proposed design and the larger proposed building. Mr. Traynor suggested Mr. Randall Whitfield (applicant) answer Commissioner Waters' question. Mr. Whitfield expressed that he feels PCDD Askew's interpretation of the Code is different than the previous PCDD for the CG zoning district. Mr. Whitfield explained his company specializes in storage facilities and is requesting to upgrade the existing facility to be more visibly appealing and convenient for the residents. He addressed the highlighted area on a handout (which is attached hereto and made a part of this Official Record as Attachment B) and spoke about the storage facility's strict regulations and permitted uses. Special Called Meeting of the City Commission May 8, 2023 Commissioner Kelly asked about the future plans of the current occupants if the facility upgrade was approved. Mr. Whitfield explained he would provide that information shortly in his presentation. Mr. Whitfield continued to summarize information from Attachment B, showing that the request meets all the needs and requirements outlined in the Code, even though it is not specifically mentioned as a permitted use. He explained the process for assisting the staff at the facility during the remodeling by transferring them to other facilities if needed. Commissioner Ring asked about the difference in size between the current building and the proposed new building. Mr. Whitfield summarized the differences in sizes and discussed the proposed architectural murals for the new building. Commissioner Bole joined the meeting at 6:07 p.m. Commissioner Waters expressed that he understands the building has been there for many years and that the code has changed during that time. He expressed his concern about the visual impact of a larger building. Mr. Whitfield responded that the new building had been designed to be visually appealing to the community and would be more modern than it is now. Commissioner Bole reported having no exparte communications. 5-8-23 Special Called Meeting Attachment B F. Public Comments Brinkley Harrell spoke in favor of the proposed changes to the storage facility. Cindy Anderson spoke in favor of supporting staff decisions and expressed the City Commission should support the staffs decisions. She expressed support for personal storage but did not support the request to rebuild a larger facility. G. Closing Comments/Rebuttal There were no closing comments given. H. Commission Deliberation and Action Commissioner Bole supports the proposed improvements to the facility and the services it offers the community. Commissioner Kelly expressed that the decision of the Commission is not to show a lack of support to staff but rather to decide what is best for the community. Special Called Meeting of the City Commission May 8, 2023 Commissioner Ring referenced a letter from PCDD Askew sent to Mr. Traynor on January 19th as detailed in the agenda packet. She reviewed the intents listed in the Code and stated if the Code were meant to exclude mini -warehouses, it would have listed it. She stated she would support the owner's proposal. Commissioner Waters expressed his understanding of outdated Codes and the need to think outside the box. He also explained how one decision can result in multiple similar requests. He spoke about the proposed upgrades and benefits of the proposed plan. He stated he would support the proposed plan. Mayor Ford said this proposed plan is a good example of why the current Code needs to be updated. However, because of a previously submitted and approved application by the same applicant that did not meet the Code, he would support the approval of the current proposal. He expressed that his decision has no weight on the job being performed by PCDD Askew and praised her job performance. He asked PCDD Askew to continue her current work on the Code revision. MOTION. Approve the Appeal (APP23-0001). Motion: Jessica Ring Second: Bruce Bole Curtis Ford Bruce Bole (Seconded B1v) Michael Waters Candace Kelly Jessica Ring (Moved By) Motion passed S to 0. 3. ADJOURNMENT The meeting adjourned at 6:24 p.m. Attest: i Donna L. Bartle, City Clerk Date Approved: Jli 1202.,3 For For For For For ral r:,A<lv� Curtis Ford, Ma r Special Called Meeting of the City Commission May 8, 2023 Attachment A to 5-8-23 SCM 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) Attachment A to 5-8-23 SCM Minutes Appeals in C 24 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 5-8-23 SCM Minutes Appeal is different than a waiver or 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 Attachment A to 5-8-23 SCM Minutes Applicant wants to demolish and rebuild the existing mini-warehouses/personal storage facilitates in the Commercial General Zoning district. r S Attachment A to 5-8-23 SCM Minutes Applicant wants to demolish and rebuild the existing mini-warehouses/personal storage facilitates in the Commercial General Zonin district. -r N 1 !' :x y 310 AYPPO 7 , Attachment A to 5-8-23 SCM Minutes Non -Conforming Uses 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 5-8-23 SCM Minutes Sec. 24-84. - lots of record and nonconforming lots of 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. Attachment A to 5-8-23 SCM Minutes Code timeline 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 Attachment A to 5-8-23 SCM Minutes Staff's determination of Use Staff determines that the existing use and proposed use meets the definition of mini -warehouse or personal storage facilities in 24-17. k" w "Mini -warehouses or personal storage facilities s-ialI 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." Attachment A to 5-8-23 SCM Minutes Staff's determination of Zoning District Staff determines that the properties are located within the Commercial General (CG) zoning d wGcrt �t CPO Contntercial, PrgfessionalOffice ® CY. Commerical, Limited - CG Commercial, General WCBD Central Business District istricts NON 7.1l b-aditional.11arketplace Ai C =IIWI■=■■=II=I■ Attachment A to 5-8-23 SCM Minutes Staff determines that the properties are NOT a permitted use within CG. 24-112 (a)Intent. 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 5-8-23 SCM Minutes "It is not possible to list all potential permitted or 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." Attachment A to 5-8-23 SCM Minutes Permitted uses in CG (1) Retail sales of food and nonprescription drugs, clothing, toys, books and stationery, luggage, jewelry, art, florists, photographic supplies, sporting goods, hobby shops and pet shops (not animal kennel or veterinarian), bakery (but not wholesale bakery), home furnishings and appliances, office equipment and furniture, hardware, lumber and building materials, auto, boat and marine related parts, and similar retail uses. (2) Service establishments such as barber or beauty shop, shoe repair, restaurants with indoor or outdoor seating areas but without drive-through facilities, health clubs and gyms, laundry or dry cleaner, funeral home, printing, radio and television and electronics repair, lawn care service, pest control companies, surf board repair in association with surf shops, but not the production of surfboards, and similar service uses. (3) Banks with or without drive-through facilities, loan companies, mortgage brokers, stockbrokers, and similar financial service institutions. (4) Child care facilities in accordance with c ; :. 24-15 . (5) Business and professional offices. (6) Retail plant nursery, landscape and garden supplies. Live plants and nursery stock may be located outside of the adjacent building licensed for such business, provided no obstruction to walkways, parking and internal driving aisles is created. (7) Retail sale of beer and wine only for off -premises consumption. (8) On -premises consumption of beer and wine only in conjunction with a full-service restaurant, which is a food service use where unpackaged ready -to -consume food is prepared onsite and served to the customer while seated at tables or counters located in a seating area within or immediately adjacent to the building. (9) Minor automotive service (10) Theaters, but not a multi -screen [exceeding two (2) screens] or regional cineplex. (11) Hotel, motel, motor lodge, resort rental and short-term rentals as defined within ,-,tion 24-17. (12) Institutional and government uses, buildings and facilities. (13) Churches in accordance with (14) Residential use, consistent with the comprehensive plan, which permits residential uses not exceeding the applicable density set forth in the comprehensive plan when in conjunction with, or adjacent to commercial development and redevelopment, provided that such residential development shall not be permitted within the coastal high hazard area. Policy A.1.11.1(b). (15) The CG District shall permit those uses listed as permitted uses and uses -by -exception in the commercial limited (CL) and commercial, professional and office (CPO) zoning districts except off-street parking lots. (16) Mixed use projects combining the above uses and those approved as a use -by -exception pursuant to subsection (c) below. (17) Pharmacies and medical marijuana treatment center dispensing facilities subject to the requirements of (18) Gas stations, subject to the requirements of (19) Convenience stores subject to the requirements of article 4 as applicable. (20) Electric charging stations. (21) Car washes. Attachment A to 5-8-23 SCM 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 5-8-23 SCM 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. Attachment A to 5-8-23 SCM Minutes Staff's admin. decision 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 Attachment A to 5-8-23 SCM Minutes Commission Action 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 5-8-23 SCM Minutes �sentation Attachment A to 5-8-23 SCM Minutes Attachment A to 5-8-23 SCM Minutes Attachment A to 5-8-23 SCM Minutes Attachment A to 5-8-23 SCM Minutes Attachment A to 5-8-23 SCM Minutes Attachment A to 5-8-23 SCM Minutes i Attachment A to 5-8-23 SCM Minutes Attachment A to 5-8-23 SCM Minutes Z)NCEPTUAL I AeaAL VIEW MOM SOUTM WST CONCEPTUAL DESIGN MARCH 24, 2023 1077 ATLANTIC BEACH BOULEVARC ATLANTIC BEACH, FL 32233 ASH PRO PFK, r Attachment A to 5-8-23 SCM Minutes CONCEPTUAL I AERIAL VIEW FROM NORTHWEST CONCEPTUAL DESIGN MARCH 24, 2023 14 1073 ATLANTIC BEACH BOULEVARD 2 ATLANTIC BEACH. R 92233 ASH PROPFRI IES Attachment A to 5-8-23 SCM Minutes .ONCEPTUAL I AERIAL VIEW FROM SOUTHEAST CONCEPTUAL DESIGN MARCH 24.202 OOS 010 1073 ATLANTIC BEACH BOULEVARD ATLANTIC BEACH. FL 32233 a":u PufWF-RI IV" Attachment A to 5-8-23 SCM Minutes CONCEPTUAL I SOUTH ELEVATION CONCEPTUAL DESIGN 1073 ATLANTIC BEACH BOULEVARD ATLAHTIC BEACH. FL 32233 SH PRO P1-kl If S MARCH 24, 2023 Attachment A to 5-8-23 SCM Minutes ■ �■ 4■r�, �,� M- C (D N C E PT U A I SOUTH ELEVATION n SMIRK : IIIA .i CONCEPTUAL DESIGN =' ='„ ao1073 ATLANTIC BEACH BOULEVARD 5 ATLANTIC BEACH. FL 32233 I Attachment A to 5-8-23 SCM Minutes CONCEPTUAL I IDF=1C: + LOADING DETAIL �►-':L -� - - ---fie � MARCH 24, 2023 OOJO b CONCEPTUAL DESIGN 1073 ATLANTIC 9EACH ®OULEVARC } ATLANTIC EEACH. FL 32233 ���� i't?t �I'�,P' II• Attachment A to 5-8-23 SCM Minutes CONCEPTUAL I SOUTHWEST CORNER i \SH I'Ko l'LKI It CONCEPTUAL DESIGN 1073 ATLANTIC BEACH BOULEVARC ATLANTIC BEACH. FL 32233 AAA.RCH 24. 2023 7 Attachment A to 5-8-23 SCM Minutes CONCEPTUAL I'EST ELEVATION MURAL 0 CONCEPTUAL DESIGN MARCH 24, 2023 NSH I'Kl►PFRIIFS Attachment A to 5-8-23 SCM Minutes CONCEPTUAL I SOUTNEAS- :ORNEP CONCEPTUAL DESIGN MARCH 24, 2023 04 1073 ATLANTIC BEACH BOULEVAR-- V 'i ATLANTIC BEACH. FL 3:233 1SH I'Rf)f'FHI IF- Attachment A to 5-8-23 SCM Minutes Commission Action 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 B to 5-8-23 SCM Minutes ��p�J�urrtf Mini -warehouses or personal storage facilities shall include all 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. Sec. 24-112 Commercial general district (CG) (a) Intent. Within the City of Atlantic Beach, the CG zoning districts intended for uses, which provide general retail sales and services for the City of Atlantic Beach and the closely surrounding neighborhoods. (b) Permitted Uses. It is not possible to list all potential permitted or 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 ,nsity pq rcial activi , (3) 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 that may adversely affect existing commercial uses or any nearby residential uses. (1) See Table 1 (2) See Table 2 (3) Note intent of comma placement and the absence of a comma between "storage" and "or" Attachment B to 5-8-23 SCM Minutes Typical Uses in CG shall include: Low intense commercial uses 1 1 Serving the daily needs of residents of the surrounding neighborhoods Table 2: Such Uses shall not include: 1. Manufacturing 2. Warehousing 3. Storage or high intensity commercial activities 4. Commercial uses of a regional nature 5. Excessive Traffic 6. Excessive Noise 7. Extremely late hours of operation 8. Excessive light L 2 3 4 1 2 3 4 Mini -warehouse complies: ITE Manual: Mini -storage is the lowest traffic generator of all commercial uses No exterior roll -up doors The facility is loaded internally By definition it is for storage only and no business activity can be conducted within the facility _--.--- -- — ---- ----------_.--- Our facilities have been serving the residents of Atlantic Beach for over 40 years Over the history we have average occupancy in the 85% - 95% range showing our use and acceptability to the residents of Atlantic Beach Storage of personal property of residents Convenient and local resource for residents Mini -warehouse is not excluded because: Cannot be done in a Mini -warehouse by definition Indicates handling of merchandise for sale or distribution. Cannot be done in Mini -warehouse by definition This indicates storage done as a part of a commercial activity such as cold storage which we cannot do in a mini -warehouse by definition. Low demand on public services (water, sewer, police and fire services) The personal property storage is mainly for households and for storage of "tangible personal property" Institute of Traffic Engineers declare self storage as the lowest traffic generator of all commercial uses All units are loaded internally. No exterior doors. All noise is within the building Normal office hours. Visitors are few. Front door and elevators are by unique code therefore limited to registered customers only. Lights are internal. Outside light does not shine off the property.