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HomeMy WebLinkAboutMinutes 08-22-2007 0 PLANNING & ZONING BOARD MEETING MINUTES AUGUST 22, 2007 A Regular Meeting of the Planning & Zoning Board was held on August 22, 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 John Johanson 1st Alternate Ronald Friedman 2nd Alternate MEMBERS ABSENT Harry Pearson OTHERS PRESENT Shannon Roberts Council Member Kate Latorre Assistant City Attorney Todd Peetz City Planner Susan Chapman Secretary NEW BUSINESS 1. Approval of Meeting Minutes: July 25, 2007. Motion by Donald Dunn, seconded by Bea McNeely, to approve the meeting minutes of July 25, 2007. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Casa Esperanza - Final Replat, (331, 333 & 335 Fillmore Avenue) - Section 23, Township 24 South, Range 37 East, Replat of a Portion of Lot 7 & All of Lot 8, Block 58, Avon by the Sea Subdivision - John Johanson, Applicant. John Johanson, Applicant, declared a conflict of interest. Todd Peetz, City Planner, gave a statistical project overview. Donald Dunn noted that the written report was inconsistent because it referred to the agenda item as both a preliminary replat and a final replat throughout the report. Mr. Peetz clarified that the request was a final replat and stated he would correct the errors. Planning & Zoning Board Meeting Minutes August 22, 2007 Page 2 Discussion was held regarding requirements for review of association documents. John Johanson, Applicant, advised that there was a standard party- wall agreement, but he did not know if the project would have a home owners association. He advised that he would remove the wording within the dedication on the final re-plat that references a home owners association. Shannon Roberts, Councilmember, questioned if the project would be short-term rentals. Mr. Johanson responded that he had submitted an application for short- term rentals prior to the deadline. He advised that he was selling the units. Ms. Roberts stated that she did not recall seeing the project on the short-term rental list she had obtained from the City Manager's office. Discussion followed regarding various difficulties of homeowners association's enforcing their rules and regulations. Vice Chairperson Russell voiced his concern that the city has had difficulty in enforcing compliance with dilapidated buildings, and the city should be requiring documents verifying that the properties would be maintained; and replacements of doors, windows, roofs, and garage doors would be consistent with what was approved by the Community Appearance Board. Motion by Donald Dunn, seconded by Lamar Russell, to postpone recommendation for Casa Esperanza, Final Replat, until the next meeting. Vote on the motion carried unanimously. John Johanson, Applicant, stated that he would submit the requested document(s) to the Board Secretary. OPEN DISCUSSION Discussion was held regarding the traffic level-of-service on AlA and N. Atlantic Avenue. Following discussion, Todd Peetz advised that he would obtain the most recent traffic study that was prepared by the city's transportation specialists, Luke Transportation, and would forward the report to the Board for further discussion. Vice Chairperson Russell encouraged the other Board members to read the Board of Adjustment Board Order regarding Coastal Fuels Administrative Appeal. Discussion followed. Discussion was held regarding the Board of Adjustment possibly becoming an advisory Board to the City Council. The Board reviewed the two required qualifications to serve on a volunteer City Board. Planning & Zoning Board Meeting Minutes August 22, 2007 Page 3 Discussion was held regarding a status update of how city staff was doing in the process of enforcing the new short-term rental code. Brief discussion followed. The Board requested that the Building Official provide a copy of the list of short- term rentals. Shannon Roberts, Councilmember, questioned when the city requires seeing association documents; and inquired if Mermaid Key submitted any documents. Kate Latorre, Assistant City Attorney, answered that condominium association documents are required to be submitted to the State; and the city code requires review of certain documents when land is subdivided. She clarified that since Mermaid Key project were condominiums that the documents would be submitted to the State. Vice Chairperson Russell asked when the Board was scheduled to talk about mixed-use districts. Todd Peetz, City Planner, responded that Miller Legg was scheduled to give a presentation at the September 12th P & Z meeting. Mr. Russell stated that the prime criteria for mixed-use should be parking before anything else. Discussion was held regarding the last meeting's agenda item brought to the Board by the Building Official regarding parking requirements for short-term rentals. Vice Chairperson Russell reminded the Board that the Building Official was to bring back statistical data. Kate Latorre, Assistant City Attorney, responded that the Building Official was accumulating certain data before coming back to the Board for consideration in increasing the existing parking requirements. She explained that after an inspection by a building inspector a non-conforming certificate would be issued. The property owner would then have a certain time to comply with the deficiencies. Mr. Russell questioned that if the city was going to establish additional parking requirements, would the more stringent ordinance apply. Ms. Latorre answered yes. She explained that if the city adopted a more stringent parking ordinance for resort dwellings rentals then the applicants would need to comply. Brief discussion followed. Mr. Russell clarified that resort dwelling parking requirements do not exist. Brief discussion followed. Ms. Latorre clarified that there would be no vested rights for parking because there was not an existing parking code for resort dwellings. Lamar Russell stated that the Board needs to know what the cut-off date is to adopt an ordinance to establish parking requirements for resort dwellings. Shannon Roberts, Councilmember, asked if the Mermaid Key project had extra parking. Todd Peetz, City Planner, advised that the site plan has approximately 30 extra parking spaces on the North part of the property. i 0 Planning & Zoning Board Meeting Minutes August 22, 2007 Page 4 There being no further business the meeting was adjourned at 9:10 p.m. Bea M ► - - •, _ • .; •eri•n Susan L. pman, Sep retary t 1j 4 1 1 / f FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS i -e_AST NAME-FIRST NAME—MIDDLE NAME NAME OF BoARO,COUNCIL COMMISSION,AUTHORITY,OR caMlrrrree 1 ✓o nor✓4f E..-,. 0 A,/l -7--03e0,1 A.-1- r /con v.1,�i d Z A:.�L� !�e,as J J MAILING ADDRESS / THE BOARD, C�1,ALTHO IY OR COMMITTEE ON d.ct M r !n a e WHICH I SERVE IS A UNIT OF: CITY �cournv / )(CITY 0 COUNTY Cl OTHER LOCAL AGENCY Co,p e Gcr.ti old, li r e t a r d NAME �SUBDIVISION: DATE VOT OOCCURRED A�0 G el.4 of t/Cf� ' �/O MY POSITION IS: 0 ELECTIVE *APPOINTIVE 1 ■ WHO MUST FILE FORM 8B i This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council, commission,authority,or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. i Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending i on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. 1 i i a INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1123143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local pubfic office MUST ABSTAIN from voting on a measure which lures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- --- re which inures to the special gain or loss of a principal(other than a government agency)by whom he or she is retained('including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative:or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357,F.S.,and officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a'relative"includes only the officer's father, mother,son, daughter, husband,wife, brother, sister,father-in-law, mother-in-law,son-in-law,and daughter-in-law.A"business associate"means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer,coowner of property,or corporate shareholder(where the shares of the corporation are not fisted on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: )'' PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above,you otherwise may participate in these matters. However,you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. 'e YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE AKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B-EFF.1/2000 PAGE 1 S APPOINTED OFFICERS (continued) • A copy of the form must be PY provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is fled. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. Pa Pa ng. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be PY provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST d I• v 0 re"-, vtel�sue•'_ ,hereby disclose that on LJaa a` 20 67 : (a)�Afwill measure came or will come before my agency which(check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of ,by whom I am retained;or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: LA, 6o,s!n e-Y-5 .1 e/LA 41 2 e., � �y -t 90 (// �^✓�1�� ( r� 7" Ft ai Rp, e34- _4, -2 Date Filed S''alums NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B—EFF.1/2000 PAGE 2