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HomeMy WebLinkAboutMinutes 05-23-2007 PLANNING & ZONING BOARD MEETING MINUTES MAY 23, 2007 A Regular Meeting of the Planning & Zoning Board was held on May 23, 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 MEMBERS ABSENT Ronald Friedman 2nd Alternate OTHERS PRESENT Robert Hoog Mayor Pro Tem Shannon Roberts Council Member Bennett Boucher City Manager Todd Morley Building Official David Sargeant Fire Chief Anthony Garganese City Attorney Todd Peetz City Planner Susan Chapman Secretary NEW BUSINESS 1. Approval of Meeting Minutes: May 9, 2007. Donald Dunn made corrections to the meeting minutes. Motion by Bea McNeely, seconded by Donald Dunn, to approve the meeting minutes of May 9, 2007, as corrected. Vote on the motion carried unanimously. li 2. Review & Recommendation to City Council Re: Regulation of Resort Dwelling Units - Anthony Garganese, City Attorney. Anthony Garganese, City Attorney, stated that the Building Official and Fire Chief were present at the meeting to discuss existing public safety issues and concerns. He encouraged the Board to make a recommendation at this meeting to the City Council because of existing life safety concerns. 1 0 Planning & Zoning Board Meeting Minutes May 23, 2007 Page 2 Bennett Boucher, City Manager, explained that single family homes, townhomes, and condominium units were permitted and issued a Certificate of Occupancy for residential use. He advised that units with frequent rentals may trip the threshold to require compliance with Florida Statute, Chapter 509 (F.S. 509), which regulates transient type short-term rentals. He advised that the State is the regulatory authority for the short-term rental facilities with 51% or more units being rented. He noted that Royal Mansions and Cape Winds were issued Certificates of Occupancy, by the City, as residential condominiums and, according to reports; both facilities do not meet the requirements of F.S. 509 or NFPA (National Fire Protection Association) Life Safety Code. Todd Morley, Building Official, stated that he was present at the meeting to inform the Board that they needed to make a decision because inaction was only going to make it worse. He directed the Board members to a memo from Todd Peetz, City Planner, and asked Mr. Peetz to read the memo for the record. Todd Peetz, City Planner, read his memo for the record regarding resort dwellings and resort condominiums and his opinion regarding consistency with the Comprehensive Plan. He advised that his research concluded that resort dwellings and resort condominiums, located in the residential zoning districts are not consistent with the current Land Development Regulations or the Comprehensive Plan Future Land Use Policy LU-3.1. He explained that rentals of 30 days or more are not considered a business as they are not regulated by DBPR. Todd Morley, Building Official, stated that short-term rentals are considered transient and must comply with F.S. 509, which means that they are regulated as a hotel. He reiterated that resort dwellings and resort condominiums are not consistent with the Comprehensive Plan because they are not residential uses. He highlighted the different types of occupancy classifications, and reiterated that Royal Mansions and Cape Winds were issued C.O.'s as residential condominiums, where the occupants are primarily permanent in nature. David Sargeant, Fire Chief, advised that the State found both Royal Mansions and Cape Winds in noncompliance with F.S. 509 and the NFPA Life Safety Code because they meet the State classification as transient rentals. He noted that the State has written a citation for noncompliance of F.S. 509, and the fire department will be issuing a citation under the NFPA Life Safety Code. He further advised that there are existing three-story, single family, resort dwellings that do not meet the requirements of the NFPA Life Safety Code. Discussion followed regarding: establishing enforcement procedures, defining the use, types of occupancy use, resort tax, defining resort dwellings, establishing time frames for compliance. 0 Planning & Zoning Board Meeting Minutes May 23, 2007 Page 3 Anthony Garganese and Lamar Russell established a flow chart of options on the electronic dry-erase board (which was later printed on paper). A lengthy discussion followed. Motion by Donald Dunn, seconded by Harry Pearson, to recommend the use of resort dwellings and resort condominiums, for the City Council's consideration, as follows: • Do not create resort dwellings and resort condominiums as a principal use in the R-1, R-2, and R-3 zoning districts. • Create resort dwellings and resort condominiums as a principal use in the C-1 zoning district, with the contingency that the property has been granted a special exception for residential use by the time this ordinance is adopted. • Allow existing rentals, whether licensed or not, in all zoning districts, to continue provided all the following are met: 1. Property owners of resort dwellings and resort condominiums shall register for the use, with the City Manager, within 30 days from adoption of this ordinance. 2. Submit to the Building department a life safety plan within 30 days from the date of the first inspection by the fire department. 3. Submit to the Building department technical drawings within 90 days from the date of the first inspection by the fire department. 4. A license from DBPR must be obtained and all applicable laws met for the use within 365 days from adoption of this ordinance. (Note: An applicant may file with the building department a request for a hardship extension for approval by the Building Official and/or Fire Official). Vote on the motion carried unanimously. (Note: Chairperson McNeely stated for the record that she reluctantly voted for the motion to move the issue forward to the City Council.) a o 0 Planning & Zoning Board Meeting Minutes May 23, 2007 Page 4 3. Discussion Re: Evaluation and Appraisal Report, Sections 2, 3, 6 & 7 - Todd Peetz, City Planner. Todd Peetz, City Planner, reported that the City is required to review their Comprehensive Plan approximately every (7) years to stay current with legislative changes, special topics of State concern, evaluate the effectiveness of implementation and evaluate financial feasibility. Other topics to be reviewed in future meetings include the existing conditions of the City. The issues to be discussed in Sections 2, 3, 6 & 7 are public participation, assessment of the current plan, major issues identified in the public participation activities and a listing by element of all the potential amendments from the various elements of the comprehensive plan as identified in the previous sections. Sections 4 and 5 were reviewed at the last meeting of May 9, 2007. He noted that the Evaluation and Appraisal Report only evaluates and recommends it does not change the Comprehensive Plan. The proposed changes will follow a "Finding of Sufficiency" (sufficiently reviewed the Comprehensive Plan), by the Department of Community Affairs. 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 a table of contents which identified other areas to be reviewed in future meetings. Brief discussion followed. There being no further business the meeting was adjourned at 10:07 p.m. ( tea Bea 4 - -e y, on Susan L. Chapman, Secretary 1 I