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HomeMy WebLinkAboutMinutes 07-13-2005• • PLANNING & ZONING BOARD MEETING MINUTES JULY 13, 2005 A Regular Meeting of the Planning & Zoning Board was held on July 13, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Leo Nicholas Vice Chairperson Lamar Russell John Fredrickson Alice Filteau Donald Dunn 1st Alternate OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese Robert Hoog Todd Morley David Sargeant NEW BUSINESS: Board Secretary City Planner City Attorney Mayor Pro Tem Building Official Fire Chief 1. Approval of Meeting Minutes: June 22, 2005. Motion by John Fredrickson, seconded by Leo Nicholas to approve the meeting minutes of June 22, 2005, as corrected with Council Member, Buzz Petsos, listed as Present at the meeting. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Revised Site Plan Approval for Residence Inn - Allen Engineering, Applicant. Todd Peetz, City Planner summarized the revisions to the site plan. He advised that the building was enlarged by 800 square feet; a pool equipment room was added; and wheel stops were added on a few of the parking spaces to avoid parking conflicts. John Allen, project engineer, explained that additionally, the pool and deck areas were modified; roof drains were added; a manhole was revised and sewer lines were reconfigured; the pavement area was extended on A1A and a deceleration lane was added at the entrance, per the Department of Transportation. The Board members reviewed the revised site plan. John Fredrickson advised that the Public Works Director's staff report was not included . in the packet. Todd Peetz, verified that the Public Works Director reviewed the revised site plan and did not have any concerns. Discussion was held regarding the need for revised site plans to come back to the Board. Todd Morley, Building Official, advised that he would like the authority to administratively approve minor site plan revisions, and asked the Board to consider suggested guidelines for the Building Official to follow. Discussion followed. The Board asked Mr. Morley to create suggested guidelines to bring back to the Board for consideration. • • Planning & Zoning Board Meeting Minutes July 13, 2005 Page 2 Motion by John Fredrickson, seconded by Leo Nicholas, to recommend approval of the Revised Site Plan for Residence Inn. Vote on the motion carried unanimously. 3. Discussion Re: Pad - Mounted Generators - Todd Peetz, City Planner. Todd Peetz, City Planner, summarized that as a result of last year's hurricanes, homeowners have been requesting pad- mounted generators as emergency back -up, in the event that power is lost. He explained that the problem is that unlike store bought generators, these generators are permanently mounted and connected to the house or unit. Typically, these generators will not be in use with the exception of weekly diagnostic /maintenance or during events when the power is lost from the utility provider. He advised that the primary concerns are encroachment in the setback and noise. Todd Morley, Building Official, explained that on June 21, 2005 the City Council requested that the Planning & Zoning Board develop an ordinance regarding setback encroachments for pad- mounted generators. He advised that he has been approached by members of the electrician community to request the City consider granting relief from setback restrictions for pad- mounted generators. He further explained that a pad - mounted generator is also known as an emergency standby generator, is an electricity - generating device that supplies power to a structure when the normal power delivery is interrupted. He noted that they operate at the noise level of an idling automobile, is normally installed near the electrical or gas meters; they are fueled by natural gas, propane gas, and diesel; and they are self - starting for diagnostic and maintenance purposes at regular intervals. He advised that a recurring problem is that the electrical and gas meters, for most residences, are on the side or rear of the building and the building wall is at or near the limit of the property setback, which leaves little or no room for the pad- mounted generator. He advised that Section 110 -538, requires that every part of every required setback shall be open and unobstructed from the ground to the sky, with 14 exceptions, and that this request is to add a 15th exception to this section, enabling pad- mounted generators to encroach into a required setback. He asked that among other issues, the Board may consider: Defining a "pad- mounted generator" and /or "emergency standby generator "; allow encroachments in the rear yard, both side and rear yards, or none; maximum size (which is typically less than 15 sq. ft.); maximum electrical output; limited times -of -day for self - starting for diagnostic /maintenance purposes; decibel (noise) level at property line; and regulating non - emergency use. Bob Hoog, Council Member and licensed Electrician, provided a hand -out of different types of the generator units. He advised that they should be installed in the side of the yard near the electrical meter. He commented that the City should consider regulating these units for safety reasons. He suggested that the units be installed by licensed professionals. Planning & Zoning Boil Meeting Minutes July 13, 2005 Page 3 • David Sargeant, Fire Chief, agreed with Mr. Hoog that the units should be installed near the electrical meter so that during an emergency where the power meter may need to be pulled, his personnel would see the generator and shut it off preventing electrocution. Chief Sergeant advised that fire fighters normally need 4 ft. of unobstruction but would rather trip over a generator and know its there. He asked the City consider requiring the units be installed by licensed professionals. Discussion followed regarding proper ventilation of the exhaust. Following discussion, the Board directed the City Attorney to draft a proposed ordinance regulating emergency pad- mounted generators, allowing them to be installed in the setback closest to the power meter, and being installed by licensed professionals. 4. Recommendation to City Council Re: Amending Ordinance No. 06 -2005, Amending Chapter 110, Zoning, Clarifying the Intent of the R -1, R -2, and R -3 Residential Zoning Districts, Prohibiting Transient Commercial Uses Such as Bed and Breakfasts, Hostels, Hotels, Inns, Lodgings, Motels, or Resorts in Residential Dwelling Units for Periods of Less Than Seven (7) Consecutive Calendar Days - Anthony Garganese, City Attorney. Anthony Garganese, City Attorney, stated that he did not have a chance to make the changes to the draft ordinance. He advised that he would have it ready for the next meeting. Discussion followed regarding establishing a transition period; and Brevard County's code on Performance Standards, including: noise, maintenance, on -site 24 hr. security, on -site 24 hr. management, and parking. Attorney Garganese commented that some of the items are already addressed in the code. Mr. Ron Aardeck, a Royal Mansions Board of Director, advised that Royal Mansions is located in the R -3 zoning district, they have 24 hr. on -site security, 24 hr. on -site management, amenities are closed at 10:00 p.m., none of the unit owners are residents, and Royal Mansions is a condominium ownership. Mr. Tom Williamson, a representative for Residence Inn, advised that a transient rental is just that. He made the comment that "if you are going to be a hotel, be one." He advised that hotels invest a lot, they are heavily regulated, in the City they have to be a minimum of 5 acres and have at least 150 rooms. He commented that the City should treat all transient rentals the same, and apply the rules to anyone engaged in a short-term rental business. He further commented that they should have adherence to all life safety and fire regulation, on -site 24 hr. hour management, parking regulations, be licensed and inspected by DBPR, comply with State lodging laws, pay proper taxes, and comply with all ADA regulations. Other citizens in the audience spoke both for and against short -term rentals. Mr. Bob Hoog, Council Member and Resident, suggested that multi - family, with a single ownership of a minimum number of units (6 units), in the R -3 zoning district should be allowed vacation rentals of 7 days, however, less than six units in any residential zoning district should not be allowed rentals of less than 60 days. Mr. Norm Boucher, Resident, agreed with Mr. Hoog and added that they should be required to have 24 hr. management and 24 hr. security. He commented that there should be no vacation rentals in R -1, R -2 & owners with less than six units in R -3 zoning districts for less than 60 days. He pointed -out that this is the fourth meeting he has attended regarding this ordinance and asked that the Board make its recommendation to have it move onto City Council. Chairperson McNeely responded that the Board wanted to see the draft ordinance before making recommendation. She advised that the review of the draft ordinance would be placed as the first item on the Board's next Agenda. Planning & Zoning Board Meeting Minutes July 13, 2005 Page 4 There being no further business for the Board to consider the meeting was adjourned at 10:20 p.m. 7 Susan L. Chapman, Bord Secretary Bea McNeely, Chairperson