HomeMy WebLinkAboutMinutes 07-27-2005PLANNING & ZONING BOARD
MEETING MINUTES
JULY 27, 2005
A Regular Meeting of the Planning & Zoning Board was held on July 27, 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
Leo Nicholas
Lamar Russell
John Fredrickson
Donald Dunn
MEMBERS ABSENT
Alice Filteau
Shawn Schaffner
OTHERS PRESENT
Chairperson
Vice Chairperson
1st Alternate
Susan Chapman Board Secretary
Todd Peetz City Planner
Anthony Garganese City Attorney
Rocky Randels Mayor
Robert Hoog Mayor Pro Tem
James Morgan Council Member
Bennett Boucher City Manager
Todd Morley Building Official
NEW BUSINESS:
1. Approval of Meeting Minutes: July 13, 2005.
Motion by John Fredrickson, seconded by Leo Nicholas to approve the meeting minutes
of July 13, 2005, with the added language on page 2, that Mr. Hoog spoke concerning
City liability to ensure proper installation of the generators. Vote on the motion carried
unanimously.
OLD BUSINESS:
1. 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.
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Planning & Zoning Board
Meeting Minutes
July 27, 2005
Page 2
It was noted that the Agenda item should read ... Dwelling Units for a Period of Less
Than Sixty (60) Consecutive Calendar Days.
City Attorney, Anthony Garganese, advised that he made changes to the draft
ordinance, as requested by the Board, and reviewed the changes. City Manager,
Bennett Boucher, encouraged the Board to work on an ordinance that can be enforced,
fast and effectively, through the City Citation Program, for infraction of performance
standards that the Board recommends. Discussion followed regarding: Making the
property owner(s) responsible; identifying that time limits may not be the problem, and
recognizing that the problem may be an owner or renter behavior; establishing
performance standards; enforcement of individual association rules and regulations; the
City establishing a reasonable set of rules for short-term rentals; the City developing a
permit or license for rental units; requiring a 24 hour local emergency contact for each
rental unit; issuance of a civil citation to the property owner, or lien the property, for
violations of noise, disturbances, and property maintenance; enforcement of violations;
revocation of the rental permit or license after a number of unresolved complaints is
established within a certain period of time. Comments from the audience followed.
Following discussion, City Manager, Bennett Boucher, agreed that he would find out how
many registered short -term rentals were in the City, and how many complaints have
been documented through the Sheriffs Office. Mayor Randels advised that City Council
will give a directive to the Sheriffs Office to file case reports when they respond to
complaints at residential rental units.
Motion by Leo Nicholas, seconded by Lamar Russell, to postpone any recommendation,
and continue fact finding at the next meeting. Vote on the motion carried unanimously.
2. Discussion Re: Pad - Mounted Generators - Anthony Garganese, City Attorney.
Building Official, Todd Morley, advised that there were conflicts between the draft
ordinance and the adopted technical codes. He respectfully requested that the Board
reschedule the agenda item, until the next meeting, to allow staff to identify and change
the discrepancies.
Motion by Mr. Russell, seconded by Mr. Dunn, to postpone this agenda item until the
next meeting. Vote on the motion carried unanimously.
NEW BUSINESS - CONTINUED
1. Beachside Townhomes First Addition - Final Replat - (506 & 508 Adams Avenue)
- Replat of Lot 14, Block 5, Avon by the Sea Subdivision, Section 23, Township
24 South, Range 37 East - John Johanson, Applicant.
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Planning & Zoning Board
Meeting Minutes
July 27, 2005
Page 3
The Board members reviewed the submitted Final Replat. James Morgan, the project
general contractor, testified that he was authorized by the property owner to act on his
behalf. Todd Peetz, City Planner, reported that staff reviewed the Final Replat and all
requirements have been met. Mr. Morgan explained the location of the townhomes on
Adams Avenue. The Board members pointed -out a few Scribner's errors on the City
Planner's report.
Motion by Leo Nicholas, seconded by Lamar Russell, to recommend approval of the
Beachside Townhomes First Addition Final Replat to City Council. Motion carried by
majority, with Mr. Fredrickson not being present at the time of voting.
2. Sea Shell Cay Townhomes - Preliminary Replat - Replat of Lot 1, Harbor Heights
Subdivision and Part of Lot A, Tueton's Subdivision, Section 14, Township 24
South, Range 37 East - James E. Morgan, Applicant.
Todd Peetz, City Planner, read the conditions of the granted Special Exception for this
project. He explained that the Board of Adjustments requested that the applicant come
back to the Board for reconsideration of the condition regarding access on Sea Shell
Lane. He advised that the applicant was not present at the Board of Adjustment meeting
Monday night, however, the applicant can still move forward with the Replat.
The Board members reviewed the Preliminary Replat. James Morgan, Applicant,
testified that the project met all level -of- service standards for access on N. Atlantic
Avenue. He noted that all the trees would be destroyed if the project was required to
have all the access on Sea Shell Lane. Chairperson McNeely advised that
recommendation of the Preliminary Replat does not excuse the applicant from all the
conditions of the Special Exception.
Motion by Lamar Russell, seconded by Leo Nicholas, to recommend approval of Sea
Shell Cay Townhomes Preliminary Replat. Vote on the motion carried unanimously.
There being no further business for the Board to consider the meeting was adjourned at
9:50 p.m.
Susan L. C apman, Board Secretary
Bea McNeely, Chairperson