NO Review needed. Appeal docs to be included in permit file for referencePUBLIC NOTICE
To whom it may concern,
Notice is hereby given a Public Hearing regarding the case described in this notice will be held by the City
Commission.
Interested parties may appear at the meeting and be heard regarding the appeal. The meeting will be held in
Commission Chambers located at 800 Seminole Road.
PROJECT Property Location Map
Item No: APP23-0001
Address: 1073 Atlantic Boulevard
(RE #17746-0000)
Applicant: Atlantic Beach Mini-Storage
Inc.
PUBLIC HEARING(S)
Body: City Commission
Date April 3, 2023
Time: 5:30 PM
Summary: The applicant is requesting to appeal the administrative decision that
mini-warehouse /personal storage facilities are not a permitted use in
the Commercial General zoning district.
All information related to the item(s) above is available for review on the city of Atlantic beach webpage under Public Notices
https://www.coab.us/960/Public-Notices. For additional questions please contact Amanda Askew, Director of Planning and
Community Development at aaskew@coab.us or 904-247-5841.
In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities
needing special accommodations to participate in this meeting should contact the City Clerk’s Office at City Hall or by calling
(904) 247-5800 not less than three days prior to the public hearing.
CITY OF ATLANTIC BEACH CITY COMMISSION MEETING
STAFF REPORT AGENDA ITEM: APP23-0001 (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) SUBMITTED BY: Amanda Askew, Director of Planning and Community Development
TODAY’S DATE: March 29, 2023
MEETING DATE: April 3, 2023 BACKGROUND: Appeals of the administrative decision of planning and community
development director may be made by an adversely affected person and, per Section 24-46, it is the
responsibility of the city commission to hear and decide appeals. The applicant, Earl Whitfield, is representing the owners of both 310 Mayport Road and 1073 Atlantic Boulevard. Both properties currently operate as self-storage facilities under the name “Atlantic Self
Storage”. The applicant is appealing the 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. Note that an 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.
In April 2022, the applicant requested zoning information from staff including confirmation whether the current properties were considered mini-warehouse facilities and whether mini-warehouse facilities are a permitted use within Commercial, General (CG) zoning district.
First, staff responded that these facilities are considered storage/mini-warehouse facilities based on the
definition in Section 24-17 of the city’s code below:
“Mini-warehouses or personal storage facilities shall 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.”
Additionally, staff responded that both properties are located within the Commercial, General (CG) zoning district and that mini-warehouse facilities are NOT a permitted use within the CG zoning district. As outlined in Section 24-112, “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: “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.” Moreover, 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. In summary, it is staff’s interpretation that: 1. The existing properties fall under the definition of mini-warehouses or personal storage facilities;
AND
2. Mini-warehouses or personal storage facilities are not a permitted use within the CG zoning district and are in fact specifically not allowed.
BUDGET: none RECOMMENDATION: Review and vote on APP23-0001
REQUIRED ACTION The Commission may consider a motion to approve or deny APP23-0001, appeal of the administrative decision that mini-warehouse/personal storage is NOT a permitted use within the CG zoning district.
ATTACHMENT(S): Appeal Application 310 Mayport Road Zoning Letter 1073 Atlantic Boulevard Zoning Letter Section 24-85 of the Land Development Regulations
Section 24-112 of the Land Development Regulations
Section 24-113 of the Land Development Regulations
REVIEWED BY CITY MANAGER: _____________________________________________