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HomeMy WebLinkAboutMinutes 05-09-2007 PLANNING & ZONING BOARD MEETING MINUTES MAY 9, 2007 A Regular Meeting of the Planning & Zoning Board was held on May 9, 2007, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1st Alternate Ronald Friedman 2nd Alternate OTHERS PRESENT Robert Hoog Mayor Pro Tem Shannon Roberts Council Member Kate Latorre Assistant City Attorney Todd Peetz City Planner Susan Chapman Secretary NEW BUSINESS 1. Approval of Meeting Minutes: April 25, 2007. Motion by John Fredrickson, seconded by Harry Pearson, to approve the meeting minutes of April 25, 2007. Vote on the motion carried unanimously. 2. Review & Recommendation to City Council Re: Final Replat of Laws Townhomes, 109 & 111 Lincoln Avenue, Section 23, Township 24 South, Range 37 East, Block 69, Replat of Lots 5 & 6, Avon by the Sea Subdivision - Thomas Laws, Applicant. Todd Peetz, City Planner, provided an overview of the final replat of Laws Townhomes. The Board members reviewed the final replat. Donald Dunn questioned the dimensions of the adjacent lot. Ron Friedman advised that property surveys are done by licensed professional land surveyors and their dimensions should not be questioned. He further advised that lot dimensions from the property appraiser's office are only approximate. Motion by Harry Pearson, seconded by Donald Dunn, to recommend approval of Laws Townhomes Final Replat. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes May 9, 2007 Page 2 3. Review & Recommendation to City Council Re: Final Replat of Beach Breeze, Section 14, Township 24 South, Range 37 East, Block 77, Replat of Lot 6 - Stacey Shoemaker, Applicant. Todd Peetz, City Planner, provided an overview of the final replat of Beach Breeze. He explained that the property was located on the northwest corner of Ridgewood and Washington Avenues. He advised that the code allowed up to nine units on this size property; however, the lot is being replatted for only two units. The Board members reviewed the final replat. Motion by Lamar Russell, seconded by Harry Pearson, to recommend approval of Beach Breeze Final Replat. Vote on the motion carried unanimously. 4. Discussion Re: Evaluation and Appraisal Report, Sections 4 & 5 - Todd Peetz, City Planner. Todd Peetz, City Planner, advised that the proposed changes to Sections 4 & 5 of the Evaluation and Appraisal Report are based on changes to the Florida Statutes since the last time the Comprehensive Plan was amended. He explained that the City is required to review the Comprehensive Plan approximately every seven years to stay current with legislative changes and special topics of State concern. He advised that other topics to be reviewed in future meetings include a community wide assessment; the public participation activities; assessment of the current Comprehensive Plan effectiveness; major issues; and proposed amendments. He pointed out that the issues to be discussed in Sections 4 and 5 are legislative issues; while many of the issues are addressed or not applicable, several others will need to be included into the revised Comprehensive Plan. However, there are legislative changes pending that will change how the City operates, especially with the requirement to annually update the Capital Improvement Element through a Comprehensive Plan. He further explained that the proposed changes will follow a "Finding of Sufficiency" by the Department of Community Affairs; and once found to be sufficient; the proposed amendments are then reviewed for adoption into the Comprehensive Plan which will essentially revise and update the Comprehensive Plan at that point. The Board members reviewed and held discussion regarding Sections 4 and 5 of the proposed Evaluation and Appraisal Report. ® 0 Planning & Zoning Board Meeting Minutes May 9, 2007 Page 3 5. Discussion Re: Regulation of Resort Dwelling Units - Kate Latorre, Assistant City Attorney. Kate Latorre, Assistant City Attorney, advised that the Board was reviewing a revised version of the proposed ordinance. Ms. Latorre summarized the changes. She noted that the revision clarified residential zoning districts to encourage single family residences; defines resort dwelling unit; and specific procedures for a resort dwelling to be legally non-conforming. The Board members reviewed their data packet. Discussion followed. John Johanson commented that this issue is a short coming by the City to the people that have me the State and City requirements to require them to comply with the requirements of the new code for structures over three or more stories high. Bjornar Hermasen, a hotel owner, asked the City if it wants to restrict transient rentals or not. He explained that rentals are commercial ventures and should be made to comply with State and local requirements. He questioned if the City should protect the legal rights of property owners that are not legally licensed and "flying under the radar". He agreed that there should be an amortization schedule to allow them to comply. He noted that hotels and motels are required to comply with State, local, and Federal mandates to protect the safety of transient renters. He commented that approximately 3,000 units are being rented, and of those, approximately 1,000 are transient. Donald Dunn commented that the people flying under the radar have been violating the law and he did not agree that the City should legalize them by allowing them time to comply. Harry Pearson commented that the majority of the rentals are condominiums. He understood that the City needs to work to bring property owners into compliance. He did not agree with the ordinance. He noted that the ordinance only applies to four or less units, and he knows of more than four unit buildings in the subdivision where he resides that rent. He voiced his opinion that the ordinance should apply to all rentals. Bea McNeely voiced her opinion that resort dwellings should only be allowed in the commercial zoning districts. She commented that commercial use in a residential zone is bad for the City. C Planning & Zoning Board Meeting Minutes May 9, 2007 Page 4 Lamar Russell was strongly opposed to the ordinance. He voiced his opinion that the ordinance was unfair to the property owners of rental properties. He commented that everyone should have a chance to make their units safe and bring them into compliance; rentals should be allowed to continue in all zoning districts where they are currently allowed, if all applicable State and local requirements are met. John Fredrickson questioned why the ordinance came back to the Board. Kate Latorre, Assistant City Attorney, advised that the code requires a recommendation from the Board. Ronald Friedman commented that property rental could be someone's primary source of income. He believed that they should be given an opportunity to bring them up to code and allow the rental(s) to continue, in any zoning district they may be located in. John Johanson agreed with some of the other Board members that the City should give the property owners an opportunity to comply in continue renting. Comments from the audience followed. Kate Latorre, Assistant City Attorney, advised that the Board did not have any comments that would create a change to the proposed ordinance. She advised that this agenda item for a discussion was an error, that City Council requested that the Board make a recommendation on the ordinance. Brief discussion followed. Motion by Lamar Russell, seconded by Harry Pearson to place this item on the next meeting agenda for further discussion. Kate Latorre advised that the City Council requested that the Planning & Zoning Board send the ordinance back with a recommendation. Discussion followed. Lamar Russell amended the main motion to review and recommend the ordinance to City Council on the next meeting agenda. Vote on the main motion, as amended, carried unanimously. There being no further business the meeting was adjourned at 10:02 p.m. Bea M - on II _. .,.ay--- Susan L. Chapman, ecretary