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HomeMy WebLinkAboutMinutes 01-11-2007 WorkshopCITY COUNCIL WORKSHOP WITH THE PLANNING & ZONING BOARD CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida WEDNESDAY January 11, 2007 5:30 P.M. MINUTES CALL TO ORDER: The Chair called the meeting to order at 5:30 P.M. ROLE CALL: Council Members Present: Mayor Pro Tern Council Member Council Member Mayor Council Member Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Planning & Zoning Board Members Present: Chairperson Vice Chairperson Bea McNeely Lamar Russell Dr. John Fredrickson Donald Dunn Harry Pearson John Johanson Business & Cultural Development Board Members Present: Chairperson John Anderson Others Present: City Manager City Attorney Asst. City Clerk City Engineer Building Official City Planner Bennett Boucher Anthony Garganese Virginia Haas John Pekar Todd Morley Todd Peetz DISCUSSION: City Council Workshop Meeting with the Planning and Zoning Board January 11, 2007 Page 2 of 6 1. Transient Commercial/Short Term Rental Uses. Mayor Randels began that the short term rental issue focus should be solution- oriented and he is fearful that this issue is dividing the city. Mayor Randels stated the question as how can we best meet our cities' goal of being a residential community and preserve our quality of life utilizing the present ordinance. Mayor Randels continued that the City Manager had compiled much information and the City has been reviewing the short term rental issue since November 29, 2004. Mr. Russell stated that the basic problems are noise, refuse, parking, and behavior. Ms. Roberts added safety and quality of life which includes sustaining a residential neighborhood. Mayor Randels explained a sample ordinance from the City of Sanford that addressed 24 different items which was called a "nuisance ordinance". He noted that the important aspect of this ordinance is that it applies across the board but to all rentals. Mayor Randels pointed out what Mr. Russell had previously reported that the length of time a person stays as a neighbor doesn't determine who is good or bad. Mr. Russell submitted that a "nuisance ordinance" addresses items like false alarms, for which we already have a working ordinance in place. Mayor Randels continued that the nuisance ordinance also addresses harassment, trespassing, loitering, public drinking, non - permitted businesses, parking, and junk vehicles complete with a user fee very similar to the City's false alarm ordinance. Ms. Roberts expressed that the City should focus on the big picture and long term needs of the City. She feels that the City may be looking at short term remedies and should issues be left unchecked, the City would have to move into reactive mode instead of proactive mode. Mr. Nicholas stated that the City has separate ordinances to address nuisance items and the City should enforce the present code. Mr. Russell inputted that he believes short term rentals are businesses. Where will the City allow transient rental use and if allowed, the city will need to enforce stiffer regulations. Should the city only allow short term rentals in certain areas, these areas will need to be zoned particularly for transient commercial use. Mr. Russell stated that in regulating the first problem call these penalties should be stiff and there are several sample permit applications provided that could be initiated through a table of fines. He explained that this problem occurs everywhere and is not currently enforced. Mr. Petsos expressed that if short term rentals were permitted that the City Council looks 5 to 10 years in the future when the City evolves into a resort rental town. He stated that the City will also have to deal with sexual predators traveling in and out of the City. Mr. Boucher explained that he reviewed the entire Land Development Code and the states definition of "resort dwelling ". A resort dwelling is any individual or collectively City Council Workshop Meeting with the Planning and Zoning Board January 11, 2007 Page 3 of 6 owned one - family, two-family, three - family or four - family dwelling house or dwelling unit which is rented more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than 30 days or 1 calendar month, whichever is less. Resort dwellings include duplexes, triplexes, quadplexes and townhouses that have four or less units collectively. Mr. Boucher related that the state has asked the City to inform what uses they want enforced and the State would assist in licensing the use. Currently per the city code all uses and structures not listed are prohibited. The City must decide if the states' definition is a use the City desires to recognize. Mr. Boucher explained that the City can allow short term rentals and not trip the state threshold. He continued that in the late 1980's City Council reviewed the zoning codes and prohibited dwelling unit rentals of less than 7 days, however no frequency of days was stated. We currently have a State use based on frequency that declares if you trip the rental frequency you must acquire a state license. The question remains does the City want to recognize this definition. Mr. Boucher stated that Brevard County lists short term rentals as a permitted use and other cities attempted listing the use as conditional, permitted, or not recognized at all. Mr. Boucher restated that State code rates the frequency at three times in a calendar year or which is advertised or held out to the public as a place regularly rented for periods of less than 30 days or one calendar month. Ms. Roberts thanked Mr. Boucher for the research and reiterated the need for looking into the City's future needs to promote a residential quiet neighborhood. She believes that the City should adhere to the State definition. Ms. Roberts does not believe the City has the current capacity to enforce the regulations of the current code. Mr. Russell replied that the City should hire additional staff to regulate the current ordinance. Mr. Boucher responded to Mr. Nicholas that timeshares are not actively enforced by the State. State law submits that timeshares are a form of ownership which cannot be discriminated. Mr. Russell pointed out that these units are located in residential zones. It was noted that timeshares are regulated through the Department of Business & Professional Regulation. Mr. Russell stated that you can have a single - family home utilized as a timeshare and there is currently one located on his street. Mr. Russell continued that he is living with the short term rental use on his street because the renters are nice and quiet. Mayor Randels relayed statistics from Todd Peetz that over 60 percent of residential units are not owner occupied. It was pointed out that the statistics are misleading because the snowbirds do not reside here but they own the property. Mayor Pro Tern Hoog stated that short term rental units have been around for over 45 years and should be regulated and given a name. He continued that these problems can be deterred and not affect the value of the property. City Council Workshop Meeting with the Planning and Zoning Board January 11, 2007 Page 4 of 6 Mr. Russell quoted from a Brevard County study by Tuttle- Armfield- Wagner Appraisal and Research, Inc. that there was "no verifiable market trend between the sales prices of rental properties and owner - occupied properties ", that properties will continue to hold their value. Mr. Petsos stated that should the City allow this use, the burden is placed on the resident to make the complaint call. Mr. Russell believes the City will not be able to stop the trend unless the first complaint carries a large burden. He continued that if the city puts this ordinance into effect, the City will endure collateral damage. Mr. Petsos replied that collateral damage would only happen should the City ban short term rental use entirely, not if the City enacts a sunset ordinance. Attorney Garganese stated that if there was a policy decision to protect residential areas stating that transient uses were not in keeping with the character, police power could be used to regulate. Attorney Garganese continued that through the City Code and Comprehensive plan, the City has the authority to regulate. As a zoning issue, do you want to allow short term rentals in certain zoning districts? He stated that the draft purposed ordinance has a broader definition to protect the residential character of the City. Mr. Russell noted the use mix in the Presidential Streets and questioned how that area could be divided into clean zones. Attorney Garganese replied that some communities have public accommodation zoning districts for transient use. Mr. Russell pointed out that Key West began on that track and class actions are currently occurring. Attorney Garganese stated that this was not an easy issue to tackle and if you have existing establishments there could be potential legal actions against the city. Attorney Garganese informed that sometimes a problem could be handled one piece at a time. For example, the residential district can be handled first; protections put in place, then proceed to the next phase. Mayor Randels pointed to a map indicating all green areas as exempt condos. He continued that there is not a great deal East of Ridgewood Avenue worth changing because condos are four or more units that govern themselves. Ms. Roberts replied that typically the rentals are 3 months or more. Mr. Boucher explained the zoning history in the 1970's when the city utilized a T -1 tourist zoning district which later was phased out. The City does not want that type density and use. Mr. Russell explained that the city has come a long way from bars on every block in the 1970's to the residential neighborhood of today. Mr. Russell asked if the City could City Council Workshop Meeting with the Planning and Zoning Board January 11, 2007 Page 5 of 6 establish stiffer regulations such as and fines. Mr. Russell encouraged property while issuing stiff regulation. the City of Sanford when dealing with nuisances the City to define resort dwelling and nuisance Mr. Petsos asked if it is the City's intent to allow short term rentals. Ms. Roberts stated that if the city does not enact a proactive plan the City will be left vulnerable to reactive development and a transient community. Mr. Johanson stated that regulating is proactive with a review time in two years to report where the violations occur. Mayor Randels reported only two filed reports from the Sheriff's Department. Mr. Nicholas replied that not all reports are documented. Ms. Roberts has called regarding Cape Caribe 6 times in the last year. Mr. Dunn explained he had the same experience and complaints are not always written down in report form. Mr. Dunn feels citations should be issued on the first notice with no discretion. Ms. Roberts stated the negative impacts of living next door to a transient environment. Ms. McNeely stated that all around you see transient rental areas however, that is not where she chooses to live and unfortunately people will circumvent the rules. She explained that the City could have many forces of regulation however it will still be a problem. Ms. McNeely does not feel regulations will suffice but zoning will regulate the issue. Mr. Petsos stated again that if the city continues to allow resort rentals, the City will become another Cape Hatteras. Mayor Pro Tern Hoog suggested placing a harsh regulation on the problem. Ms. Roberts testified to the transient rental use at Cape Caribe affecting Solana Shores. Mayor Randels asked if the options of regulation and rezoning were worth exploring. Mr. Russell replied that both directions should be explored. Mr. Dunn inputted that he does not believe zoning is an option because an entire area would have to be re -zoned and spot zoning will not work. Mayor Pro Tern Hoog asked if the City would regulate just weekly rentals or all rentals. Mayor Randels made a list of topics to be discussed at the next joint meeting. 1) Regulating Current Rentals All, Short Term or Long Term 2) Zoning — 3) Accurate count of numbers: Owner occupied rentals. (Schimberg data) City Council Workshop Meeting with the Planning and Zoning Board January 11, 2007 Page 6 of 6 4) Grandfather Ordinance: Frequency of use, definition of short term rentalstresort dwelling. Mr. Dunn stated he doesn't know how the city could apply these regulations to short term rentals only. There was a request for an update on activity since passing at first reading in regards to code enforcement complaints and licenses applied. Mr. Boucher will pull any Cape Caribe complaints. Ms. McNeely stated that it is not the Sheriffs duty to enforce short term rentals. She believes Code Enforcement should enforce problem areas. Mr. Nicholas replied that if the Code Enforcement Officer cannot arrest, then the enforcement is futile. City Council agreed to have workshop meetings regarding the short term rental issue once per month. ADJOURNMENT: There being no further business the Chair adjourned the meeting at 7:15 P.M. Virginia Haas, Assistant City Clerk