A group of Palm Coast residents in the Toscana and Hidden Lakes subdivisions off Old Kings Road have filed an appeal of a decision by the Palm Coast Planning Board clearing the way for a self-storage facility on Old Kings Road. The same group is preparing to file a civil suit in circuit court seeking to quash decisions by the planning board and the Palm Coast City Council clearing the way for both that facility and another like it nearby.
The council rezoned a 23-acre site between I-95 and Old Kings Road, across from the two subdivisions, on Jan. 18. That facility is to be called Secure Space. The next day, the Planning Board approved the special exception for RF2 Storage on 13 acres just north of Secure Space. The first facility drew opposition from residents. The second did not. (See: “City Approves Self-Storage Facility on Old Kings Road, Near Hidden Lakes, Against Public Opposition” and “Palm Coast Clears Way for 2nd Self-Storage Facility in 24 Hours on Old Kings Road, Near Toscana.”)
The administrative appeal through the city and the appeal in circuit court will be handled independently. The court would typically require the appellants first to exhaust the administrative appeal process before seeking relief through the court. (See the administrative appeal here, and the circuit court appeal here.)
In the administrative appeal, residents claim RF2 Storage’s application was “incomplete,” and that neighboring residents did not receive notice of the impending land use change. “There were no public comments at the PLDRB meeting on 1/19/2022 because no property owners in Hidden Lakes and Toscana knew about the meeting, as signs were not required for the Special Exception,” the appeal reads. “The city of Palm Coast did not have it on the Planning Map on the Land Development website, and the notification letter was not sent to the local Toscana address. Toscana’s corporate office did not share it with the residents. This was fundamentally unfair and lacked constitutional procedural due process.”
The appeal also argues that there was no “competent, substantial evidence” that the facility meets requirements of the land development code. “Competent, substantial evidence” is a technical term applied to land-use decisions by local government boards. Boards must base their decisions on demonstrable evidence rather than opinion, emotion or whims. It’s not a high bar, though appeals typically make the argument that substantial, competent (meaning expert) evidence has not been presented.
The presentation of substantial, competent evidence is the city’s burden, not opponents’ burden. In this case, the city based both its decisions on recommendations from its planning department, presumably checking the boxes of substance and competence. The city found, for example, that the developments were not in conflict with the public interest, are consistent with the city’s Comprehensive Plan (its blueprint for development), don’t create hazards, nuisances or threats to public health, and so on. The developments must also blend with their surroundings.
Residents claim the facilities will create traffic hazards, and are not compatible with the residential zoning of the two subdivisions. “Old Kings Road in a narrow two lane road that has been widened to four lanes at both the north and south ends, but not in this area,” the complaint reads. “No current traffic study has been completed to determine if adding all of these three storage facility using cars, trucks, RVs and boats is even feasible.”
The city has argued that while the facilities will generate traffic, they will do so at lower levels than if other commercial developments, such as shopping strips, were approved for the areas–as they could have been, and without seeking special exceptions: the two parcels are zoned commercial.
It’s not actually the City of Palm Coast’s responsibility to notify the residents, but the responsibility of the applicants, a city spokesperson said. “We do know in this case that they were notified by certified mail through the HOA. That would be in both cases.” The spokesperson added: “Our team is currently working through the appeal process, they were reviewing everything and meeting to see how to move forward with those.”
The court petition seeks a review of both development decisions. Residents are represented by Ralf Brookes, a Cape Coral attorney who specializes in land use matters.
The appeal is spearheaded by Darlene Shelley, a resident of 84 Arena Lake Drive, along with Donna Csire of 63 Arrowhead Drive. The two residents say they objected to the second self-storage facility with a petition bearing the names of 1,049 residents’ signatures.
The number of petition signatures would require that almost every resident of the subdivisions signed: Toscana is a 200-home development. Hidden Lakes is a 375-home development. The homes would have to average about two residents each to add up to the total on the petition.
The two self-storage facilities were among three such facilities approved in the past four weeks in Palm Coast alone. The city had nine active facilities until then (see the list below). Self-storage facilities are also sprouting in the county and contributing to a local boom in the industry.
Click to access WRIT-Shelly-vs-COPC.pdf
Palm Coast’s current self-storage facilities, as licensed by the city:
CUBESMART LP
531 CYPRESS EDGE DRIVE
PALM COAST, FL 32164
Phone : 386-445-5122
Owner : CUBESMART, LP
Business Type : WAREHOUSE
License Number : 11494
CUBESMART, LP
11 PINE LAKES PKWY NORTH
PALM COAST, FL 32137
Phone : 386-446-8533
Owner : CUBESMART LP
Business Type : WAREHOUSE
License Number : 16945
EXTRA SPACE STORAGE #7601
22 COMMERCE BLVD
PALM COAST, FL 32164
Phone : 386-456-6669
Owner : EXTRA SPACE STORAGE #7601
Business Type : WAREHOUSE
ALAMO OFFICE WAREHOUSE & STORAGE
4490 N US HWY 1
PALM COAST, FL 32164
Phone : 386-445-2620
Owner : TEAROC OF FLORIDA DBA ALAMO OFFICE WAREH
Business Type : STRORAGE MINI WAREHOUSE
License Number : 3317
EXTRA SPACE STORAGE #8440
4860 PALM COAST PKWY
PALM COAST, FL 32137
Phone : 386-445-4600
Owner : EXTRA SPACE MANAGEMENT INC
Business Type : STRORAGE MINI WAREHOUSE
License Number : 2742
HARGROVE MINI STORAGE
35 HARGROVE GRADE
PALM COAST, FL 32137
Phone : 386-445-7788
Owner : HARGROVE MINI STORAGE
Business Type : STRORAGE MINI WAREHOUSE
License Number : 1672
LYK CONSULTING LLC.
14 UTILITY DRIVE
PALM COAST, FL 32137
Phone : 402-981-9000
Owner : LYK CONSULTING LLC.
Business Type : STRORAGE MINI WAREHOUSE
License Number : 15651
STORQUEST EXPRESS PALM COAST
3895 OLD KINGS ROAD
PALM COAST, FL 32137
Phone : 424-214-2188
Owner : STORQUEST EXPRESS PALM COAST
Business Type : STRORAGE MINI WAREHOUSE
License Number : 18148
TOP SHELF STORAGE INC.
6 HARGROVE LANE
PALM COAST, FL 32137
Phone : 386-446-7990
Owner : CACOILO, CARLOS
Business Type : STRORAGE MINI WAREHOUSE
License Number : 5605
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ASF says
Palm Coast…The land of self storage without end.
Darlene L Shelley says
The parcels in question for Secure Space Application #4901 are not zoned Commercial, they are zoned OFC-2 for Office type usage. The developer and City Council are trying to not only change the zone, but permit a “Special Exception” to allow for a storage facility where it would not normally be permitted as storage facilities are considered an industrial use. While it may be true that the city had nine active facilities until then, there are factually 22 storage facilities within 5 miles of this project and 8 more in the works!!! Does the area really need 30 storage facilities? There are so many zone conforming uses that Palm Coast actually needs that will not create an unreasonable hazard, have a negative effect on the safety, welfare, well being, and property values of the local communities, and be compatible with the surrounding single family home communities. Thank you for your coverage of this unmitigated disregard for the concerns of the residents. Concerned residents of Palm Coast, Hidden Lakes, and Toscana can support our gofund me account.
Flatsflyer says
Traffic on Old Kings has increase remarkably since I moved here 16 months ago. The City has failed to even plan for the increases associated with Town Center. The city officials are blind to the traffic problems even though the must travel this road multiple times per day to reach City Hall. I’m accusing city officials of incompetency and dereliction of duty. I encourage all residents of Toscana and Hidden Lakes to file assessment appeals with the FC Property Appraiser for diminished value of our properties caused by the cities action. Let’s see how Jay Gardner handles these requests when over 500 hits his desk simultaneously. These two communities have a combined assessed value of $3.35 Million and need to be heard by our so called elected officials.
Dennis says
When is enough, enough. Stop the zoning changes. We need to vote every counsel member out next election.
Bob k says
Well said thanks
MRC says
I don’t understand this. Palm Coast is growing everyday and in every direction. More people means more amenities are needed. Palm Coast real estate values are through the roof, and all of this new tax revenue from the new, high priced construction benefits current residents. Want a small, sleepy town? Move.
Underdog says
Moved here 16 months ago? You realize that Palm Coast Ordinances prevent boat, trucks, trailers & campers in the driveway. Furthermore, the impact of this project produces far less noise, traffic, dumpsters, lights than commercial/office.
Imagine how upset the normal residents will be if the investors tear up their plans and build out the commercial that has been approved decades before your arrival 16 months ago. Got a feeling your “gated community” residents would finally stand up to Darlene and crew. There are 118,000 other people in this community who need services, contribute and appreciate well done investment that subsidizes your retired property tax shortfall. This project looks great, meets the needs of the community and has far less impact than the “gated community’s” weekly landscape trucks produce.
Jane Gentile-Youd says
Kudos to Darlene and Cindy McDowell and the other petitioners for taking the ‘bull by the horn’ literally…What is sickening is the total ignorance, disrespect, apathy and disregard for the very citizens the Council, as well as their own staff, have demonstrated ( and continue to demonstrate) for their employers – the people, not the developers.
Their actions not only prove they forget who they work for, who pays their salaries, they proudly flaunted their indifference to their own land use and zoning requirements. in addition to the prevailing state statutes. All the prevailing rules,, individually and jointly, mandate that the health, welfare and safety of the citizens must rank number One in any zoning decision made. Translated easily means that the consistency, compatibility, and necessity of such land use, i.e. zoning, with the surrounding r e s i d e n c e s must be the basis for all decisions. Personal wishes, personal likes, needs in other areas must be non issues. The citizens are the true experts of what their needs are, not Planing Boards not prejudiced elected officials, the Florida Appellate courts have 26 years ago, 24 years and more recently. All cases can be read by anyone who is literate; a law degree isn’t required to read.
To say ” I rely on my staff’ means your job really isn’t necessary doesn’t it? Classifying your very employers merely as ” interested parties” is insulting; so is not questioning how a grandchild ( special exception) can be born before it’s mother ( zoning classification) was born ! Have you ever heard of being a grandparent before you became a parent? Me neither.
My former neighbors and I prevailed as citizens in the ( 3rd) District Court of Appeal, in an identical situation in Miami-Dade County 26 years ago which win , as well as numerous other citizen wins in several Florida Appellate Courts ( before and after) are all public record and should have been READ by staff prior to placing such items on the agenda for a binding council vote.
It was so obvious ( in my opinion) that the City Attorney Mr. Reischman ,before advising their bosses that it’s okay to disregard their own Land use Comp Plan, was asleep at the wheel and negligent in his duties by clearly demonstrating he did ot review the many court cases which overturned such irresponsible decisions identical to the one(s) he was recommending be approved.
As a licensed Florida Real Estate Broker for over 30 years I can attest that when chosing where to live (which is one of the most important decisions of one’s life) , prospective home purchasers take into consideration their ‘reasonable right of expectation’ of the future surroundings of their new precious home location.
Saddest and most shameful of all is the otherwise preventable court costs and attorney fees to the wronged homeowners in addition the cost to all the Palm Coast taxpayers ( including the wrong homeowners) for the inexcusable , disgraceful decisions made by those who were chosen to protect them and not to destroy their quality life as they have done and seem to be continually doing non stop. A real shame for everyone else.
Sarah says
We moved here 10 years ago. After a neighborhood fight with Zoning and City Council regarding PC 145 and observing other zoning issues, it has become very clear that both offices will approve any request or change a developer wants (with no consessions to adjoing properties) as long as the “BENEFiTS” are substantial enough. And the developers always make sure that it is. Good luck with your attempts.
The Truth says
Let’s make this perfectly clear for everyone: not ALL of Hidden Lakes residents are against these storage units. A specific resident in our community seems to believe she speaks for all of us but she does not. Many in the community actually believe a storage unit is the BEST option across from our development as the traffic will be minimal compared to a shopping plaza, multi family housing, etc. Please understand that not all residents in our community feel the same way as the person who “spearheaded” this appeal.
Darlene L Shelley says
“Underdog” lol (greedy developer is more like it.) Twenty nine Storage Facilities options in a five mile radius is not enough for you? Many of them have nearly 100% availability for boat and RV storage. Nearly every single resident of the “gated community” signed the petition opposing these projects. They look like bomb shelters, have zero compatibility with the surrounding residential homes which have zero use for storage facilities, and will create unmitigated safety concerns on a two lane dangerous curvy Old King’s Road not design for the traffic it has now. Sorry, these things belong in Industrial zoned properties of which there are plenty on US 1 and SR 100. Peddle your lies elsewhere, we are not buying it here in Hidden Lakes and Toscana. Consider making it a park, as it has historic value as the oldest road in the County and has had many ancient artifacts found on that property. Hmmm park? Sounds nice to me. Perhaps this needs a little more research.
Darlene L Shelley says
We need high quality businesses, restaurants, bakeries, medical providers, destination specialty shoppes, not Storage Facility #30. Storage Facilities are not amenities despite what a developer or real estate agent looking out for the developer might tell you.
Flatsflyer says
I moved to Toscana 16 months ago, I moved to Palm Coast over 22 years ago. The problems I see include the fact that 23 acres of land will only result in one or two percent jobs, then look at the taxes existing facilities pay, I pay $8000 for a quarter acre lot, the largest existing facility pays $98,000. Maybe if Jay Gardner got off his rear and assessed the facilities correctly we would not see such an influx of what I consider non contributing businesses. Look at the income they generate, maybe we need to tax these types of facilities based on revenue, they sure are paying taxes compared to what residential homeowners are paying!
Darlene L Shelley says
“The Truth”-(lol) An actual educated resident who did a shred of research on Crime in Storage Facilities, looked at a Uniform Residential Appraisal Report, has seen and heard the accidents on this treacherous two lane section of Old King’s Road, has read the protection is the Land and Development Code, or has seen the signature of over 1000 local residents would not make this ignorant statement. We actually need better and more options for doctors, dentists, specialty retail, etc. That is what compatible and meeting the needs of the local residents might look like.
98flht says
They had a petition drive at the Elks club, how many of those signatures are from people that just live in the Palm Coast area in general and really have no skin in the game. People were told at the meeting what could be built on those 23 acres which included 40 some odd store fronts or offices which equals GIANT STRIP MALL! No developer is going to walk away from 23 acres of valuable land or just turn it in to a park. A storage facility may be the least of the evils. Don’t forget about the parcels on the other side of the nursing facility, that will be a future fight.
Darlene L Shelley says
The Concerned Citizens of Palm Coast are prepared to fight for our home values, safety, welfare, and quality of life. Storage facilities in this location are Inconsistent, Incompatible, and Unnecessary. There are plenty of Industrial properties in areas better suited to this type of use, where hazardous road conditions do not exist and local residential communities will not be negatively affected.
Flatsflyer says
Has anyone done and environment impact assessment. I know there are eagle’s in the area and belive there maybe other protect species on those 23 acres of swampland?
Dennis says
I live in hidden lakes this is the first I’m hearing of this I oppose it too but haven’t had a chance to sign the petition can someone tell me where to get involved in stopping this from happening I don’t want a storage facility here on already high traffic old kings road please
Darlene L Shelley says
Hi, Dennis- I started the petition and you can email me at harlydarly@aol.com for more information on how you can help support our cause and fight against Urban Sprawl in Palm Coast. Thank you for your interest!
Deborah Coffey says
Flatsflyer is my husband. We’ve lived in Palm Coast on a canal since 2000 when there were less than 20,000 people living here and just moved to Toscana about a year ago. We do know what harms property values here and these storage places, which are not needed, definitely will.
palmcoaster says
MRC (proably a developer) could you explain how your”all of this new tax revenue from the new, high priced construction benefits current residents’ actually benefits us…Maybe benefits you? Specially when you have the audacity of your crass suggestion!
palmcoaster says
Underdog If you think is needed we have industrial parcels for that. Does not have to be out the front door of our communies whether gated or not. Where is your home? If the original plan was for offices city had no business rezoning it! They keep tipping their hats to developers and kicking our can down the road. Wonder why.
Listener says
Common sense
Listener says
was there an impact assessment done when they disrupted the swamp for the gates or did the eagles have to move out
Gina Weiss says
Darlene L Shelley: Donated and shared