CC Chamber Position Paper – Storage Unit – Car Wash Moratorium

One of the city’s leading business organizations opposes the city of Cape Coral’s proposed 12-month moratoriums on self-storage and car wash facilities.

The Chamber of Commerce of Cape Coral has sent Cape Coral City Council a position paper on the issue, which it plans to read into the record at the final public hearings set for Wednesday.

Ordinance 15-24 Storage Facility Moratorium and Ordinance 16-24 Car Wash Moratorium will impinge private property rights, negatively impact the city’s business climate and are legally questionable, the chamber states, citing state laws, one of long standing, the other issued in the wake of Hurricane Ian to help affected communities bounce back economically.

“The Chamber of Commerce of Cape Coral is a champion for business and advocate for community within the City of Cape Coral and believes it is our responsibility to oppose issues that create a negative impact on private property rights and the business community and its right to a free market,” the Chamber position paper states. “The Chamber also recognizes and supports the Burt Harris Act. Florida is a state that provides relief to private landowners when a law, regulation, or ordinance inordinately burdens, restricts, or limits private property without amounting to a taking under the U.S Constitution. The State of Florida enacted the Bert J. Harris, Jr., Private Property Rights Protection Act in 1995, which provides a specific process for landowners to seek relief when their property is unfairly affected by government action.”

The paper also cites Senate Bill 250, section 14, which states that “a county or municipality located entirely or partially within 100 miles of where either Hurricane Ian or Hurricane Nicole made landfall shall not propose or adopt any moratorium on construction, reconstruction, or redevelopment of any property damaged by Hurricane Ian or Hurricane Nicole.”

Proposed Ordinance 15-24 states that “in order to prevent the proliferation of self-storage facilities consuming essential commercial property, too fast, in close proximity to one another, it is necessary to study the issue to determine the numbers and locations that are appropriate to the city.”

According to the ordinance, there is an estimated 1.5 million square feet of existing self-storage space in the Cape with an additional 1.6 million in the permitting process or under construction for a total of 3.1 million square feet of self-storage space.

Ordinance 16-24 states that there are 16 standalone car wash facilities in the city with another nine accessory car wash facilities where fuel is also available. There are an additional 12 standalone car wash facilities in permitting, or under construction in the city.

If approved, the moratoriums would be in effect for 12 months, “the minimum reasonable time” for city staff to conduct a study and determine what land development codes might be necessarily, and to draft “remedial legislation” to address the issue.

Also on the Council agenda:

Another ordinance scheduled for a public hearing touches upon refuse service — from May 1 through Sept. 30 “of every year, the franchise hauler shall not allow single-family dwelling collection trucks to begin collection of refuse until on or after 5 a.m. Construction cleanup contractors shall not begin collection of construction refuse until on or after 7 a.m.”

Ordinance 29-24 deals with irrigation systems. According to the ordinance, it would be accelerated to reflect an effective date of June 1, 2024, for the 2023 Conservation Ordinance by increasing fines for water violations.

A second violation increases from a $100 fine to a $200 fine, a third from $200 to $350 fine and the fourth and subsequent violations are $500.

The consent agenda includes a resolution to award a contract to Avalon Engineering not to exceed $297,054.49, for professional design services for Oasis Sports Fields. These fields would be used by both the charter school system and parks and recreation programs. The improvements would be constructed on city property and the Cape Coral Parks and Recreation Department would maintain and control them.

Consent agenda items pass in a single vote unless a particular item is pulled by a member of Council for discussion.

The Cape Coral City Council meeting will be held at 4:30 p.m. Wednesday, April 17, in City Council chambers, 1015 Cultural Park Blvd. The meeting is open to the public.

Parties who cannot attend the meeting but wish to provide input may submit e-comments to capecoral.gov. The deadline is noon the day of the meeting.