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Moratoriums for storage units, car washes, move to final hearings

By MEGHAN BRADBURY - | Apr 5, 2024

Plans to place moratoriums on self-storage facilities and car washes throughout the city of Cape Coral moved forward Wednesday without answers as to how the ban will apply to projects in the pipeline.

A second public hearing on the proposed ordinances was set during Wednesday night’s Cape Coral City Council meeting. If passed, the measure would put a 12-month moratorium in place for self-storage and car wash facilities.

The self-storage facility ordinance, 15-24, addresses the what the city says is an influx of self-storage facilities, which are generally located along prime commercial frontage but are “passive” in nature.

There are a number of communities in Florida, as well as nationally, looking at regulating location and distance, officials said.

Amy Yearsley, city planning manager, said the moratorium would allow the city to take a pause and look at these regulations and look at how they can do better within the city limits.

Many community members who spoke were affiliated with property on Embers Parkway and Burnt Store Road. The lot owner spoke stating that 51% of the site would be green space for the beautiful “office environment look” building that is above code compliance.

“We have gone above and beyond what has been asked of us. We have submitted for site plans working on a project for over a year and a half,” Aaron Riley said.

Attorney Eric Feichthaler said self-storage facilities are a vital need in an area with no basements and limited garage space. He also raised a legal issue, citing Senate Bill 250 which states that a moratorium shall not be proposed that would restrict development in an area affected by Hurricane Ian.

“This is a city driven ordinance,” Feichthaler said.

He asked whether the ordinance would apply to developments that are currently in permitting.

Harold Arkin, who has lived in Cape Coral for 56 years, and served as a commercial real estate broker for more than 40 years, said his property was to be a legacy when he bought it for his wife, kids, and grandkids.

“I want to sell this property, so I can close my business and retire,” he said, adding that he cannot do that until it is sold for a self-storage facility. “I request in all decency and courtesy that you reconsider this property is not restricted with the potential moratorium. It’s been in the process for 22 months.”

Mark Morris, another commercial broker, asked Council not to forget about the free market in the process, as a company would not be looking to put a self-storage facility in place if there was not a demand.

Ordinance 16-24 also had its first hearing Wednesday night. If approved, the ordinance would put a moratorium into effect for 12 months for car wash facilities.

Yearsley said there has an influx of this use when the city has well documented deficiencies of non-residential land to accommodate for commercial deficiency.

“It is a pause. We will be actively researching the issue and developing regulations,” she said.

Both ordinances will come back before the City Council during a final public hearing on April 20.