Loading...
HomeMy WebLinkAboutcocc_p&z_mtg_minutes_20210127PLANNING & ZONING BOARD MEETING MINUTES January 27, 2021 A Meeting of the Planning & Zoning Board took place on January 27, 2021, at City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairperson Lamar Russell called the meeting to order at 6:00 pm. The Board Secretary called the roll. ROLL CALL MEMBERS PRESENT Lamar Russell John Price Susan Denny Nancy Gentilquore Dr. Michael Miller Steven Stroud OTHERS PRESENT Todd Morley David Dickey Anthony Garganese Brenda Surprenant Anna Young Lisa Day BCSO Chairperson Vice Chairperson Board Member Board Member Board Member Board Member City Manager Community & Economic Development Director City Attorney City Planner GoToWebinar Organizer Board Secretary PUBLIC PARTICIPATION None OLD BUSINESS NEW BUSINESS A. Board Matters 1. Approval of Meeting Minutes: December 9, 2020 No additions, corrections or amendments to the minutes. Motion to accept the minutes as written, made by Board Member Price and seconded by Board Member Miller. Vote on the motion carried unanimously. B. Comprehensive Plan Amendmentsm,Legislative - Public Hearings) 1. Consideration and Recommendation of Ordinance No. XX-2021; an Ordinance of the City Council of the City of Cape Canaveral, Florida, amending Chapter 98, 1 Planning & Zoning Board Meeting Minutes January 27, 2021 Subdivisions, Division 5. — lot splits to authorize certain unapproved lot splits occurring prior to March 16, 2010 under the requirements set forth herein; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability and an effective date. Discussion ensued between the Planning & Zoning (P&Z) Board members, the City Planner, Community & Economic Development Director and City Attorney, clarifying Ordinance No. XX-2021; the need to recognize and review criteria for past lot splits and update the process going forward; benefits of "housekeeping" existing items; and the need to adopt methods to ensure proper permitting, recording and minimal zoning requirements are met using these criteria. Discussion continued on how prior Ordinances evolved the lot split process; the need for a City pre -application meeting; how in some cases, the City was bypassed and not privy to information until lot split occurred and was recorded. The importance to check that the zoning and minimal lot requirements are satisfied prior to being finalized to avoid development of sub -standard Tots and to determine how non -conforming lots be handled if criteria had not been met by existing or prior owners. No virtual callers raised their hands for public comment. Motion made by Board Member Denny and seconded Board Member Stroud to recommend approval of Ordinance No. XX-2021 as written to the City Council. Vote on the motion carried unanimously. 2. Consideration and Recommendation of Ordinance No. 10-2021; amending Section 110-486 of the City Code regulating vacation rentals; making findings of facts; providing for definitions; requiring vacation rental registration; requiring inspections; specifying duties of vacation rental owners and allowing agents; providing for maximum occupancy; providing limited exceptions for pre-existing contracts; providing requirements of vacation rental owners and agents related to sexual predators and offenders; requiring provisions for providing and posting safety information for occupants of vacation rentals; providing restrictions related to accessory structures; providing enforcement; providing for other miscellaneous provisions; providing for the repeal of prior inconsistent Ordinances and Resolutions, incorporation into the Code, severability and an effective date. Discussion ensued between the Planning & Zoning (P&Z) Board members, Community & Economic Development Director, City Manager and City Attorney regarding Ordinance No. 10-2021. 2 Planning & Zoning Board Meeting Minutes January 27, 2021 Background: Residents have communicated to Council Members via Regular Meetings and throughout the community, the impact of vacation rentals in residential neighborhoods. Council Met on January 79, 2021, at which time they approved Ordinance No. 70-2021 at first reading, but during deliberation, Council requested that the P&Z Board provide feedback on five items of consideration prior to second reading. 1. Sec. 110-486 (f) - requires an annual inspection, as may be requested, of a vacation rental to verify compliance with provisions of the Florida Building Code, Fire Inspection Code, international Property Maintenance Code and other applicable City Code sections. 2. Sec. 110-486 (d) — establishes maximum overnight occupancy limits for vacation rentals. 3. Sec. 170-486 (i) — the draft Ordinance restricts an owner from independently renting or leasing, as a vacation rental, an accessory structure for sleeping. 4. Sec. 110-486 (g)(5) — requires an owner of a vacation rental maintain a three- year log of all bookings of the unit to include dates and number of occupants. 5. Sec. 110-486 (h) — requires an owner to inquire, prior to check -in, if any intended occupant is a sexual predator/offender. Discussion ensued regarding City of Cape Canaveral's minimum consecutive -day vacation rental restrictions; Florida Legislature preemptions; non -transient residents vs. transient's knowledge of local practices; number of rental units present; hotels vs. vacation rentals; future registration application process; number of forms needed; noise, parking and traffic concerns; vacation rental minimum occupancy; how to determine the overnight occupancy (bedroom, bathroom, parking spaces, SF); sex -offender registration and how to identify/ enforce; if children would be included in number; required inspections; enforcement; owner responsibility; Florida Building Code & Fire Code requirements for occupancy established; annual vs optional inspections; rental owner contact phone numbers; questioning the need for a 3-year log of rentals; who would monitor such log; existing sex -offender County Ordinance; rental of other accessory units separately from main unit; review of the five items Council had requested of the Planning & Zoning Board. Recess: Board Chairperson requested 5-minute recess at 7:15 p.m. Meeting resumed at 7:23 p.m. Discussion continued regarding City Staffs research of software to monitor vacation rentals; fees to cover cost of software; BTR vs. Registration program; how other Cities address occupancy in vacation rentals; how to determine maximum overnight occupancy (bedroom, bathroom, parking spaces, SF); inside dwelling vs. outside rules and enforcement; noise regarding parties, pools, children, alcohol, late night activity; hotels vs. residential vacation rentals; Code Enforcement, rules, guidelines and existing Ordinances. 3 Planning & Zoning Board Meeting Minutes January 27, 2021 Community & Economic Development Director acknowledged the time left in the evening and the number of items still left to discuss. He recommended the P&Z Board consider forwarding a recommendation to City Council to postpone the February Council Meeting (second reading) of this Ordinance until the P&Z Board could hold further discussion when they meet again and return a complete recommendation to City Council on all five items. Discussion continued on methods of holding vacation rental violators accountable; parking allowances; whether children under 10 should be included in the overall count; accessory structures; annual inspection; determining overnight occupancy numbers recommended in Ordinance; ability to enforce; registered sex -offender requirements; enforcement and who holds the burden of disclosure; purpose of the 3-year log book and data collected by software company; registration fee to vacation rentals/software cost; criteria for (annual) inspection. Motion made by Board Member Price and seconded by Board Member Miller to recommend bringing Ordinance No. 10-2021 back for discussion at the next Planning & Zoning Board Meeting and to postpone recommendation to Council. Vote carried unanimously. Board Chairman Russell thanked the P&Z Board for their participation. Community & Economic Development Director stated that the P&Z Board is scheduled to meet on the second or fourth Wednesday of every month; and the next meeting should be scheduled for the fourth Wednesday. No virtual callers raised their hands for public comment. REPORTS AND OPEN DISCUSSION ADJOURNMENT Motion made by Board Member Price and seconded Board Member Denny to adjourn the meeting at 9:00 p.m. Approved on this _ITITIT '=`r day of yP 4?dfaA 44 Lam ,rp Russel ,Chairperson Lis Day, Board Secr ,ry 4 2021.