2383 Mayport Road UBEX 08.02.1993 Misc. Documents Y �
MEMORANDUM IN SUPPORT OF PAN AM'S ZONING SUBMISSION
TO: ATLANTIC BEACH CITY COMMISSION
FROM: ROBERT A.. SKEELS
DATE: July 22, 1993
RE: ARGUMENTS SUPPORTING REZONING OF PAN AM PROPERTY;
ALTERNATIVELY, PAN AM'S VEHICLE STORAGE ALREADY
PERMITTED OR SHOULD BE PERMITTED
I. THE PAN AM PROPERTY SHOULD BE REZONED FROM CG TO ILW
While the property has been placed in a CG zone, the City of Atlantic Beach has long
recognized that the property is used for light industrial purposes. Reference is made to the
City's Comprehensive Plan adopted in 1990 and approved by the State in 1991 which
recognizes in its existing land use map which is part of the Plan that the property is used for
light industrial purposes. The City map is consistent with relevant portions of the Plan's
narrative at page I-13 where the City affirms that:
"With the development and expansion of the Mayport Naval Base,
the City has also seen development of support services, heavy
commercial and industrial land uses"
and
"The economic base of the City is derived largely from year-round
residents the employment opportunities offered in the
commercial/industrial corridors along Mayport Road and Atlantic
Boulevard."
The primary corridor along Mayport Road reflecting industrial uses on the City's "Existing
Use Map" encompasses the Pan Am property. This certainly makes sense in light of the
property's location immediately north of and adjacent to the City's Water Treatment Plant
Page 1
No. 2. If that Plant were in private hands, it could only exist in an industrial or less
restrictive zone.
The Pan Am property should be rezoned ILW to bring it in line with the City's
Comprehensive Plan.
II. THE USE BY EXCEPTION TO CG ZONING PERMITTING
"MINIWAREHOUSES" INCLUDES OUTDOOR, ON SITE STORAGE OF
OPERABLE VEHICLES
Section 24-160 of the Code defines the term "Miniwarehouses" as follows:
"The business commonly known as miniwarehouses shall be
utilized for the sole purpose of storage of tangible personal
property.
"
The above Code section was adopted by the City as Ordinance No. 95-79-18 at its
Commission meeting on October 8, 1979 and was entitled "An Ordinance Regulating Mini-
Warehouses The Conduct And Use Thereof Providing An Effective Date." During the
discussion of the Ordinance, Mayor Howell advised that the decision had been made not to
include fencing and control of hours and that new rentals would be strictly dead storage only
- not for purposes of conducting ongoing businesses.
Certainly, vehicles are tangible personal property which may be stored in the business
commonly known as miniwarehouses. The question, however, is not whether the ordinance
term "Miniwarehouses" encompasses outside storage of vehicles but whether the process of
granting an exception itself authorizes outside storage, or parking, of operable vehicles.
First, it is clear that the City makes no distinction between the term "parking" and
"storage" pertaining to vehicles and is not concerned about whether parking or storage is for
a fee or free. The terms are used interchangeably in Section 24-163(a) of the Code
Page 2
prohibiting commercial vehicles from being "parked or stored" in residential districts;
interchangeably in Section 24-17 of the Code describing "Parking lot" as "an open area used
exclusively for the storage of motor vehicles, whether or not a fee is charged". Finally, Section
24-162 of the Code describes off street parking lots (meaning open places where one stores
motor vehicles) as a "permissible use by exception in all districts where such lots are within
400 feet of a premises requiring off street parking." By definition, parking IS storage of
vehicles.
Second, it is also clear that the City includes off street parking as one of the matters
which it must evaluate and approve in its grant of exception process, per Section 24-63 (4)(b)
of the Code. Accordingly, once an exception for miniwarehouses is granted, provision for
off-street, outside parking (or storage) of vehicles is likewise permitted as part of the approval
process, subject to issuance of the building permit based upon plans providing, among other
things, off street parking. In Pan Am's case, the off street parking area was shown and
described as an open area within the bounds of the property to be used exclusively for the
storage of motor vehicles - a parking lot.
Pan Am's property files maintained by the City include, as to phase I of its
construction, the City's Plans Review Checklist requiring 5 off street parking spaces but
reflecting 55 spaces and a City approved Site Plan showing 10 "boat spaces" as well as a
"future parking area". Pan Am's building permit for this phase was issued following the
City's approval of the site plan and Checklist. The City's file on phase II of Pan Am's
construction also includes the City's Plans Review Checklist requiring 2 off street parking
spaces with the notation "3+ (boat storage)" as actually being provided. The attached and
City-approved Site Plan reflects "10 Boat storage spaces" in this phase. It is the above spaces
that are used by Pan Am to store vehicles for a fee.
Given the City's interchangeable use of the terms "parking" and "storage" of vehicles
(without regard to whether parking or storage is free or for a fee); its consideration (and
approval) of off street parking as an adjunct to granting an exception for miniwarehouse use;
and its own definition of such use as simply meaning "storage of tangible personal property"
Page 3
without any limitation upon hours of operation; it is clear that the holder of such an
exception, Pan Am in this case, is entitled to park or store operable motor vehicles on its
property for a fee up to the approved storage limit reflected in the permitted documents and
plans.
Moreover, it is also clear that the City has recognized, implicitly or explicitly, Pan Am's
outside storage of vehicles as being within the scope of approval pertaining to the City's grant
of exception to Pan Am to operate a miniwarehouse business on its property. Pan Am
advised appropriate City officials of its intended outside storage of vehicles including boats
during the runup period leading to the City's grant of exception and that the parking or
storage area was to be laid over the area of the drainage ditch running across the northerly
side of its property once D.O.T. approval to install the culvert in place of the ditch and pave
over the culvert area had been obtained. Pan Am bore the cost of these improvements to the
extent of some $100,000.00 which certainly would not have been spent if outside parking
in the area of the former culvert was not permitted.
Additionally, Pan Am's approved plans for the property specifically reflected its outside
parking. Pan Am has consistently used this area for outside parking since commencement
of operations in the middle or latter part of 1988, all with the knowledge and at least tacit
approval of the City. It has only been within the last few months that any question
concerning Pan Am's outside parking has arisen in the context of a claimed Code violation.
Pan Am submits that its previous 4 1/2 years experience in operations with the City since
inception of its business is a far better indicator of the City's interpretation of the exception
granted to Pan Am than the City's claimed Code violations respecting Pan Am's parking
which has occurred only within the last few months.
Finally, examination of other use exceptions to CG zoning reveals the City's awareness
that vehicle parking or storage will occur. For example, Section 24-111 (c)(12) authorizes
the sale of new and used automobiles and boats. Section 24-111 (b)(7) permits without
exception an auto service station, minor repairs and a car wash. Certainly, vehicles will be
Page 4
parked at an auto service station, some inside and some outside, pending completion of repair
jobs.
III. ALTERNATIVELY, ATLANTIC BEACH SHOULD AMEND SECTION 24-111
(C)(7) TO INCLUDE OUTDOOR STORAGE OF OPERABLE MOTOR
VEHICLES WITHIN THE USE BY EXCEPTION PERTAINING TO
MINIWAREHOUSES
Since outside storage or parking of vehicles is at least an accessory use and within the
approval process of the City in determining whether or not to grant an exception, the City
retains the right to control the development of outside storage under this approach including
the amount and type of such storage. Therefore, the City can make a case by case
determination of limitations as to outside storage in its grant of exception.
Page 5
MEMORANDUM
TO: FILE
FROM: MS
DATE: July 16, 1993
RE: ATLANTIC BEACH ORDINANCES AFFECTING PARKING AND
MINIWAREHOUSES
Miniwarehouses
Section 24-160. "The business commonly known as miniwarehouses shall
be utilized for the sole purpose of storage of tangible
personal property."
II. Parking.
Section 21-23. "No person shall park a motor vehicle on any street or
right of way for a period of time in excess of seventy-two
(72) hours."
Section 24-162 "Off street parking lots shall be a permissible use by
exception in all districts where such lots are within 400
feet of a premises requiring off street parking."
Section 24-163(a) "Commercial vehicles of less than eighteen thousand five
hundred (18,500) gross vehicle weight, and trailers of
all types, including travel, boat, camping and hauling,
shall not be parked or stored on any lot occupied by a
dwelling or any lot in any residential district, except in
accordance with the following requirements [ommitted
as inapplicable]."
Section 24-17 "Parking lot shall mean an open area used exclusively
for the storage of motor vehicles, whether or not a fee
is charged."
Section 12-1(b)(7) "For any person, either as the owner or occupant of a
building, structure or property to utilize the premises
of the property for the open storage of any abandoned
motor vehicle. . . ." [Declared unlawful as a nuisance]
MEMORANDUM
TO: FILE
FROM: RAS
DATE: July 16, 1993
RE: ATLANTIC BEACH COMPREHENSIVE PLAN
The City of Atlantic Beach Comprehensive Plan was adopted by the City in 1990 and
approved by the State of Florida in 1991.
At page I-13 of the Plan, 1st paragraph, it is stated:
"With the development and expansion of the Mayport Naval Base,
the City has also seen the development of support services, heavy
commercial and limited industrial land uses."
Continuing in the 2d paragraph of page I713 of the Plan:
"The economic base of the City is derived largely from year-round
residents the employment opportunities offered in the
commercial/industrial corridors along Mayport Road and Atlantic
Boulevard."
The Plan recites at page II-10 that "The Naval Base is the single largest employer in
Duval County."
The "Existing Land Use" map which is part of the Plan reflects that the Pan Am property
is located within a light industrial area. The Map is dated 12/01/89.
The Future 2005 map which is part of the Plan describes the location of the Pan Am
property as a Commercial General area.
PACE FOUR V V
MINUTES Names of
OCTOBER 8, 1979 Commr s. MS Y N
Public Hearing - continued
pre-application is approved. Mr. Lucas answered that HUD's schedule
is to review the pre-applications for sixty days. The deadline for
filing is October 15th and HUD hopes to finish the review by Decemb- •
- 15th. If approved, HUD will invite you to submit an application by
forty-five days. If the application is approved, work could start
around June 30, 1980. There being no further questions, the Mayor
declared the Public Hearing closed.
Jensen x
Motion: The basic concept be approved and the Mayor be authorize. Mhoon x x
to sign the necessary applications. Minton x
Van Ness x x
* * * * * * * * * * * * k * * * * * * * * * * * * * * * * * Howell x
Bid Opening - Specifications 79-5 - Police Patrol Cars
The following bids were received and opened:
1. Regency Dodge, Inc.
9875 Atlantic Blvd, Jax,Fla.
Five new police cars less trade-in $27,000.00 net
2. Nimnicht Chevrolet
1550 Cassat Avenue,Jax.Fla.
Five new police cars less trade-in $28,497.70
with two tone paint - locally -$65.00
" - factory -$95.94
3. Lee Chevrolet, Inc. 4
Jacksonville, Fla.
Five 1980 Police cars less trade-in:
305-V8-4BBL $31,287.00
350-V8-4BBL $32,041.00
Mr. Davis suggested the bids be sent to committee.
Jensen x
Motion: Bids be sent to committee. Mlhoon x
Commissioners Mhoon & Jensen,City Manager & Chief of Minton x x
Police to serve on the committee. Van Ness x x
* * * * * k * * * * * * * * * * * * * * * * * * x ;: x * Howell x
Commissioner Jensen suggested_a recess be taken after agenda and cal a
committee meeting to award the bid. Committee agreed.
Action on Ordinances
A. Ordinance No. 95-79-18 - Regulating Mini-Warehouses - Third and
Final Reading - Public Hearing
AN ORDINANCE REGULATING MINI-WAREHOUSES THE CONDUCT AND USE THEREOF:
PROVIDING AN EFFECTIVE DATE.
PACE FIVE V V
• MINUTES Names of
OCTOBER 8, 1979 Commrs. MS y N
Action on Ordinances - continued
Said Ordinance was presented in full, in writing, and read on third
and final reading by Mayor Howell. Said Ordinance was posted in
line with Charter requirements. Mayor Howell then opened the meeting
for a Public Hearing. Mrs. Ruth Gregg, Saiifish Drive, inquired if
fencing would be required, and hours would be set. Mayor Howell
stated that after discussion with the legal department, the derision
was made not to include fencing and control of hours. He added that any
business presently occupying mini-warehouses would be grandfathered
in, but no mini-warehouse owner or manager would be allowed to rent
to any new business after the passage of the Ordinance. New rentals
will be strictly dad storage only. As no one else spoke for or
against, the Mayor closed the Public Hearing.
Jensen x
Notion: Said Ordinance No. 95-79-18 be passed on third and Mnoon x x
final reading. ' Minton x
Van Ness x• x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Miscellaneous Business
Congratulations went to Commissioner Mtnoon for re-election to seat
#2, and to Mayor Howell and Commissioner Jensen, who were unopposed
for seats E1 and 3. •
.
With great pride, Ccamissioner Minton presented.and read in full
Resolution 79-22, A Resolution Endorsing Mayor William S. Howell
for First Vice-President of the Florida League of Cities.
Jensen cx
Notion: Passage of said Resolution. Copy of Resolution 79-22 is - Nhoon x
attached hereto and made a part hereof. . Minton x x
Van Ness ' x . x
* * * * * * * * * * * * * * * * * * * * * * *" * * * * * * * * * Howell x
Mayor Howell aciuounced that a meeting on the double taxation issue
had been held earlier in the day with City of Jacksonville officials
Among those attending were Mr. Huntley, President of the Finance
Committee; Mr. Gene McCloud; former Judge Roger Waybright; Mr. Bob
Johnson; Mr. Steve Stratford, Jacksonville Beach City attorney; Mr.
Wayne Bowers, City Manager of Jacksonville Beach, and himself. The •
Mayor noted that the Beaches are well prepared to defend their
issue and hopefully another meeting will be scheduled for the next
week.
* * * *- * * * * * -* * * * * * * * * * - ;: * * * * * * * * * * *
•
The Mayor then declared a recess in order until 9:30 P.M.
C,
�v
PLANS REVIEW CHECK LIST
Address 3 3 �?, Ai a Owner
Legal Description Contractor 621 -e 3,1fr„,\c'll
License Number / 000 F. 6a
License on File YES NC
i/
Section 24-101 * Zoning Regulations
Zoning District 0- 41 Proposed Use�Dom^ ii' .
\ 40
Required Lot Size_ �q-
___�.�LLActual Lot Size
Setbacks Required Provided Section 24-17
--1
front o? b ., 5-'3 CORNER LOT INTERIOR LOT
rear a0 / ___L _ C
/ - Flood Zone
side-1 __/ Q_(__ __- ,1-
/ Required Elevation /Vet,
side-2 _•I_Q_ I_--
/ 7
Max. Height Allowed �S Proposed Height •
.r
rd Section 24-82 * Minimum Lot Coverage .
Required Heated Area 4/ Gl- Proposed Area ()_i ____
gegtign 24-!61 * Ofgstreet Parking 0��
Number S aces Re aired
p q Spaces Provided 3�f4fe
Section 24-82 * Duplicate Buildings
11ff �
Is there a similar building within 500' of proposed^ building?YES NO
Utilities
Water and sewer service is to be provided by:
Buccaneer Utilities
V City of Atlantic Beach Utilities
Private Source SEPTIC TANK WELL
Plans Reviewed by : i .1‘ _ C'0.-/,' 1/ 1( Date_ Z)q> _/ r24)
Building Permit # 3 , s - SSUED DENIED
% PLANS REVIEW CHECK LIST
3g31Gf Owner_ a/1z_OJtA _,,e
-gal Description Contractor__J9 Ak_IX . SI i
; 4 14
,_r License Number �� ► 02.3
.
^'' License on File ES NO
Section 24-101 * Zoning Regulations
Zoning District__e'd Proposed Use___ _Lg. _
Required Lot Size Actual Lot Size
Setbacks Required Provided Section 24-17
front 1V
�- CORNER LOT INTERIOR LOT
IC
rear _ 2?6) -- -- -- (..!'
,,^^��
30
Flood Zone
side-1 JO
1° __7�-_ Required Elevation
side-2 i�
</ �'/
1
Max. Height Allowed Proposed Height_,.3.Q
Section 24-82 • Minimum Lot Coverage
Required Heated Area _.,-----:-:- Proposed Area__ _ Q:44624
Section 24-161 « OffstLreet Parking
Number Spaces Required__ _ Spaces Provided
Section 24-82 * Duplicate Buildings
Is there a similar building within 500' of proposed -building?YESN O
1 Utilities
iWater and sewer service is to be provided by:
Buccaneer Utilities
City of Atlantic Beach Utilities
Private Source SEPTIC TANK WELL
Plans Reviewed by:1„_La LOL_ _ L WELL
Date .14 7 2 q
Building Permit #
S ISSUED DENIED
I
MEMORANDUM
TO: FILE
FROM: RAS
DATE: July 16, 1993
RE: PAN AM PROPERTY FILES - CITY OF ATLANTIC BEACH
Pan Am has two property files in the Clerk's office, one for each development phase of
its miniwarehouse business.
One file (pertaining to phase I) contains the City's Plans Review Checklist which among
other entries describes Section 24.161 Offstreet Parking as requiring 5 spaces with 55 spaces
actually provided followed by issuing permit #355 for construction. This file also contains a Site
Plan which shows 10 "boat spaces" as well as area described as "future parking" and an Atlantic
Beach approval date of 01/11/89 stamped on the drawing.
The second file (pertaining to phase II) also contains a Plans Review Checklist which
describes Section 24-161 offstreet parking as requiring 2 spaces with the notation "3+ (boat
storage)" in the spaces provided line. A site plan appears in this file which shows "10 Boat
storage spaces" and an Atlantic Beach approval date of 03/24/89 stamped on the drawing.
PAGE SIX V V
MINUTES NAME OF
AUGUST 10, 1987 COMMRS. M S Y N
Action on Resolutions - continued
C. Resolution No. 87-28
Mayor Howell presented in full, in writing, Resolution No. 87-28, a
Resolution supporting the efforts of the United States Soccer Federa-
tion in bringing the 1994 World Cup to the United States.
Motion: Passage of Resolution No. 87-28. Cook x
Edwards x . x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
11. Action on Exceptions
A. Public Hearing on an application for an exception by Conrad Cowart
to construct mini storage facilities on Mayport Road adjacent to the
City of Atlantic Beach Water Plant No. 2
Mayor Howell advised the Community Development Board had considered
the request and recommended approval. He opened the floor for a Public
Hearing and invited comments from the audience. As no one spoke for or
igainst, the Mayor declared the Public Hearing closed.
Motion: Approve the request for an Exception by Conrad Cowart to Cook x
construct mini storage facilities on Mayport Road adjacent Edwards x x
to the city water plant No. 2 Gulliford x x
Howell x
No discussion before the vote. Motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
10. Action on Ordinances
A. Ordinance No. 65-87-16 - Public Hearing and Final Reading
AN ORDINANCE CLOSING, VACATING, AND ABANDONING THAT CERTAIN ROAD EASE-
MENT AND/OR RIGHT-OF-WAY DESCRIBED IN O.R. VOLUME 2509, PAGES 576, 577
AND 578, MORE PARTICULARLY DESCRIBED AS ALL OF LOT 725, AND THE WEST
FIFTY (50) FEET OF LOT 736, ALL AS SHOWN ON THE PLAT OF SECTION 3,
SALTAIR, RECORDED IN PLAT BOOK 10, PAGE 16, OF THE PUBLIC RECORDS OF
DUVAL COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 65-87-16 on
second and final reading. He opened the floor for a Public Hearing and
invited comments from the audience. As no one spoke for or against the
Ordinance, the Mayor declared the Public Hearing closed.
Motion: Passage of Ordinance No. 65-87-16 on second and final Cook x
reading. - Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
giarz oqm St o a E, _l 12C.9
2353 SI/fayisott ..:-.Road • ozitrantic 1cacJ, 31' 32233 • 1.13fioni (904) 241-2300
City of Atlantic Beach Commission
800 Seminole Road
Atlantic Beach, Florida 32233
Mr. E. Conrad Cowart and Mr. Terence P. Kane, Principals
of Pan Am Mini Storage, Inc. , appeared before The Atlantic Beach
Community Development Board in July, 1987 after submitting a
application for "Use by Exception" for a mini storage on Mayport
Road. Also at this Community Development Board meeting were Mr.
Lewis C. Medlin, Architect and Mr. William E. Tully III , P.E. of
St. Johns Engineering, Inc. on behalf of Pan Am Mini Storage, Inc.
to submit blueprints and documentation for the construction of
mini storage buildings with outdoor storage for boats and vehicles.
Following the Community Development Board ' s recommedation
for approval of a mini storage facility which included rental
offices and outside storage the City of Atlantic Beach Commision
on August 10, 1987 after due public notice and hearing granted
Pan Am Mini Storage "Use by Exception" with the understanding
there would be no spaces rented out for offices or other retail
shops or businesses. The enclosures that were submitted to the
City of Atlantic Beach, City of Atlantic Beach Community Develop-
ment Board, City of Atlantic Beach Commission, Florida Department
of Transportation and the St. Johns River Water Management District
all included outside storage.
Pan Am Mini Storage, Inc. obtained permits from the city
and state with the understanding that outside storage was to be
included in and be a necessary part of storage operations which
was clearly outlined in submitted documentation and presentations .
We hope the recommendation of the City Attorney of Atlantic Beach,
Building and Zoning Officials to rezone 2383 Mayport Road meets
with your approval .
Very truly yours,
Terence P. Kane, Vice P esident
E. Conrad Cowart , President
Pan Am Mini Storage, Inc.
24-Hour Electronic Controlled Access • On-Site Resident manager
Air Conditioned Units • Boat Storage • Record Management