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Council approves final plat for Back Bay storage subdivision despite legal objections
Summary
The council approved the final subdivision plat for a 27-lot commercial development at 458 Back Bay Boulevard that will create individual boat/RV storage units described by developers as saleable "condominium" lots; the vote was 5-2 after debate over compatibility with the Land Development Ordinance and whether units could be used as residences.
The Biloxi City Council voted 5-2 to grant final subdivision plat approval for a 27-lot commercial subdivision at 458 Back Bay Boulevard intended to create individual storage units for boats and RVs. The developer and supporters said the units are built as individual, meter-equipped storage warehouses for recreational vehicles and boats; opponents argued the proposed labeling and separate-lot approach conflicts with the city's Land Development Ordinance (LDO).
Council discussion focused on whether the proposed lots should be permitted under the Planned Development/Planned Development-Infill (PDI) rules. Councilman Lawrence said the project appeared to be a tactic to separate storage units into individually owned condominium-style lots and warned the LDO does not permit boat storage in PDI. Councilman Glavin and the project's supporters noted the planning commission and the council previously approved the PDI and that the underlying waterfront zoning allows boat/RV storage.
City counsel and staff explained that an approved initial PDI and the council's prior approvals permitted the use and that the final plat can include a note restricting the units from residential use; staff counsel suggested a plat note reading that the units "shall not be allowed as residential units or as living quarters." The council debated whether posting such a note on the recorded plat would address the legal concerns and whether the city should change the LDO going forward.
After discussion the council approved the final plat on a 5-2 vote; Councilman Lawrence and one other council member recorded opposition. Supporters said the subdivision will create new taxable parcels and allow sales that increase property tax receipts compared with a single ownership rental model; opponents said the approach effectively circumvents the LDO and risks future precedent.
Votes at a glance: Final subdivision plat for a 27-lot commercial subdivision at 458 Back Bay Boulevard — motion by Councilman Glavin; second by Councilman McGill; outcome: approved 5-2 (No: Councilman Lawrence; Councilman [second no recorded in transcript]).
