HomeMy WebLinkAboutMinutes 09-26-2007 PLANNING & ZONING BOARD
MEETING MINUTES
SEPTEMBER 26, 2007
A Regular Meeting of the Planning & Zoning Board was held on September 26,
} 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 entered late
Harry Pearson
John Johanson 1st Alternate
Ronald Friedman 2nd Alternate
OTHERS PRESENT
Robert Hoog Mayor Pro Tern
Shannon Roberts Council Member
Todd Morley Building Official
Kate Latorre Assistant City Attorney
Todd Peetz City Planner
Susan Chapman Board Secretary
NEW BUSINESS
1. Approval of Meeting Minutes: September 12, 2007.
Motion by Harry Pearson, seconded by John Fredrickson, to approve the
meeting minutes of September 12, 2007. Vote on the motion carried
unanimously.
2. Discussion Re: Amending Section 110-491 to include Parking
Requirements for Resort Dwelling Units.
Chairperson, Bea McNeely reviewed the documents contained in the Board
packet. City Planner, Todd Peetz, gave an overview of other municipalities
parking requirements for tourist homes, rooming and boarding houses, bed &
breakfasts, residential and commercial resorts, and resort dwellings.
City Attorney, Kate Latorre, advised that the current resort dwelling code did not
currently address parking requirements. She asked the board to take under
consideration that City Council referred the use as commercial, not residential.
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Planning & Zoning Board
Meeting Minutes
September 26, 2007
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Page 2
John Johanson suggested that the city limit the amount of vehicles and the
parking be the same as a residence. Lamar Russell advised that one of the
criteria when they created this ordinance was to allow people to keep a use they
already had. Instead, they invited everyone to participate. These homes already
had residential parking requirements. He gave his opinion that the parking
requirements should be left the way they already were. Harry Pearson
questioned the Building Official regarding a parking violation at a resort dwelling,
if the violation would be enforced through the nuisance ordinance. Todd Morley
responded that if it is part of the nuisance ordinance then it would be enforced.
Todd Peetz noted that some of the resort dwellings did not have space for
additional parking. Kate Latorre confirmed that if an applicant did not have the
appropriate number of parking spaces, then they would not be allowed to have a
resort dwelling unit. Ron Friedman commented that the owners need to be
responsible for parking because, they had a responsibility and obligation to
enforced established parking requirements.
Art Berger, citizen, advised that he owned property that only had one parking
space per unit; the units were one bedroom or efficiencies. Todd Peetz advised
that if it was built today it would require two parking spaces per unit. Art Berger
advised that there was no property left for additional parking. He noted that he
applied for the
pp property to be resort dwelling units. Chairperson McNeely
advised that when the city considered the use it was only intended for existing
property owners that already had the use. Mr. Berger responded that he thought
he could apply for the use, and he paid $1,800 to apply which he requested to
have returned to him if the city wasn't going to allow him the use because he
could not meet an additional parking requirement. Ron Friedman recommended
one parking space for each bedroom. Lamar Russell responded that the existing
codes already exceeded one space per bedroom. John Johanson suggested
that owners address limited parking in their rental agreements. Todd Peetz
suggested that no parking signs be installed on the streets. Lamar Russell
advised that the Board did not receive enough facts from the Building Official to
verify that there was a parking problem and where they existed.
Discussion was held regarding maintaining the city's residential community and
neighborhoods, and not be a city of tourist resort dwellings.
The Board members agreed that parking violations should be addressed in the
nuisance ordinance and enforced by the civil citation ordinance. Kate Latorre
advised that the nuisance ordinance did not address parking violations.
Motion by Lamar Russell, seconded by Bea McNeely, that parking for resort
dwellings shall not have less than the number of parking spaces in existence, at
each site, at the time of application, for the certificate of non-conforming status.
Vote on the motion carried unanimously.
Planning & Zoning Board
Meeting Minutes
September 26, 2007
Page 3
OPEN DISCUSSION
Ron Friedman advised that the Bayside development was issued a final
certificate of occupancy without the property being built according to the
approved site plan. Todd Morley, Building Official, advised that the city did not
have a stormwater employee when Bayside was built. Mr. Friedman
recommended that when City Council is dealing with approving site plans that a
condition be placed on the site plan that the project shall be built in accordance
with the approved site plan on file with the city, with the exception of minor
revisions, which shall be approved by the Building Official. Following discussion,
by consensus, the Board members agreed with Mr. Friedman. Assistant City
Attorney, Kate Latorre, advised that she would forward the board's consensus to
the City Council.
There being no further business the meeting was adjourned at 9:37 p.m.
Bea McNee I .irperson
Susan L. Chapman, ec etary