Loading...
HomeMy WebLinkAboutMinutes 09-14-2005PLANNING & ZONING BOARD MEETING MINUTES SEPTEMBER 14, 2005 A Regular Meeting of the Planning & Zoning Board was held on September 14, 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 Shawn Schaffner MEMBERS ABSENT Alice Filteau OTHERS PRESENT Chairperson Vice Chairperson 1st Alternate 2nd Alternate Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Rocky Randels Mayor Robert Hoog Mayor Pro Tem Todd Morley Building Official NEW BUSINESS: 1. Approval of Meeting Minutes: August 10, 2005. A motion by Donald Dunn, seconded by John Fredrickson to approve the meeting minutes of August 10, 2005, as presented. Vote on the motion carried unanimously. OLD BUSINESS: 1. Recommendation to City Council Re: Establishing Time Limit(s) for Length of Stay - 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. Todd Peetz, City Planner, advised that staff was still working on establishing performance standards and restrictions. He noted that the City was waiting to see what the County adopts. The Board members reviewed the City's draft ordinance. The Board asked the Secretary to look back in previous meeting minutes to determine if the Board already made its recommendation for length of stays. John Fredrickson inquired why the City Manager did not forward any information to the Board regarding number of complaints received and the number of rentals throughout the City. Leo Nicholas commented that the City is being influenced by what others are doing. The City needs to evaluate and decide how they want to restrict rentals. He noted that the Board should look at the severity of complaints and not be influenced by the number. Planning & Zoning Boa Meeting Minutes September 14, 2005 Page 2 Chairperson McNeely advised that the City has a very strong and enforceable hotel ordinance. She voiced her opinion that the City does not want "mom and pop" type rentals. Donald Dunn commented that the City should stay a residential community. He believed that existing rental establishments should be grandfathered and new rentals should be more than thirty days. Lamar Russell advised that the City needs to enforce its enforcement standards. He commented that he would rather see people not rent in residential neighborhoods. He questioned how the City can enforce length of stay. He advised that if the City changes the length of stay, then an amortization schedule would need to be established but, he prefers grandfathering existing rentals. Shawn Schaffner agreed with grandfathering existing rentals. He voiced his opinion that he does not want the City to turn into a transient community. He commented that rental stays should be 30 days minimum. Tom Williamson, A1A Requisition Group, spoke on behalf of the Residence Inn and stated that he was asked to speak on behalf of the Radisson Resort, advised that it was disconcerting that the Board is considering changing the 60 day minimum. He further advised that when he checked with the City regarding building a hotel, he was told that he could only build a hotel in the C -1 zoning district on a minimum of five acres, and the City did not mention that you could have the same type of rentals in the R -3 zoning district. He noted that King Rentals, Royal Mansions, and Cape Winds are all advertising three day rentals. Todd Morley, Building Official, responded that Cape Winds, and Royal Mansions were sent Notices of Violation and came into compliance. He noted that the City now has weekend code enforcement twice a month. Bea McNeely commented that it seemed that code enforcement is not proactive, but rather reactive because it only responds when a complaint is received. Leo Nicholas suggested a rental tax be imposed to pay for an additional code enforcement officer. John Fredrickson advised that he wanted a report of all rentals in the City. Pat Rooney, General Manager of Residence Inn, advised that he had a feasibility study performed about two years ago, which revealed that there are approximately 6,000 condominiums, and over 3,000 of them are rented on a transient basis. John Trudeau, owner of three rentals in the City, outlined types of rentals vacationers are looking for. He commented that the City has a bigger problem with Tong -term rentals than short-term; grandfathering would save the City from any monitoring problems; and rentals are a decreasing trend because of increasing property values. Bob Hoog, Councilman, asked the Board to consider that when a property is sold, the grandfathering ceases for that property. He advised that all rentals should have a license. He commented that allowing single family to rent on the beach is allowing commercial on the beach which changes the use by commercialization on the ocean. Lamar Russell pointed -out that the City has always protected its waterways with solely residential. Leo Nicholas commented that allowing mixed -use in the City invites tourism. Lamar Russell commented that mixed -use would erode the residential use that the City has always protected along the waterways. John Anderson, resident, advised that his property is surrounded by rentals. Some have continuous problems, some do not. He advised that the City needs clear, enforceable standards with sizable penalties. He voiced his opinion that renting is a business and it should be registered, licensed, and taxed accordingly. • • Planning & Zoning Board Meeting Minutes September 14, 2005 Page 3 Following discussion, the Board agreed that there was a lot more work to do before making any decisions or recommendations. They made a list of concerns, as follows: Length of stay per residential category (research to see if a definite number of days were previously approved); enforcement & performance standards, number of staff to enforce; licensing (all owners of rentals need to be found and notified); penalty provisions; cost of enforcement (salary to provide staff); daily tax and collection; tracking property sales with sundown provision(s) or grandfathering; grandfather existing rental arrangements; define number of occupants allowed; parking, littering, and noise provisions; placard inside the unit outlining standards of acceptable behavior, and a placard posted outside the unit stating the name of manager, emergency phone number(s), and 24 hour contact(s); register with the City; and owner's responsibility to maintain harmony in the neighborhood. The Board asked Todd Peetz to work with the list of concerns and recommendations. He advised that he would be attending the next City Council meeting and would update them regarding the status of this issue. Motion by Bea McNeely, seconded by Leo Nicholas, to instruct Todd Peetz, City Planner, to convey the Board's concerns to City Council at their next meeting and for the Board to continue this discussion at the next meeting. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Special Exception Criteria for Conveyor Systems and Encroachments for Conveyor Systems - Todd Peetz, City Planner. Todd Peetz, City Planner, gave an overview of the draft ordinance. Brief discussion followed. Motion by Lamar Russell, seconded by Donald Dunn to recommend approval of the ordinance to City Council. Vote on the motion carried unanimously. 3. Recommendation to the Board of Adjustment Re: Variance Request No. 05 -06 to Allow a Conveyor Belt to be Located Within the Required Setbacks - 245 Challenger Road) - Randy May, Designated Agent for Ambassador Services, Inc., Petitioner. Todd Peetz, City Planner advised that the Board could deny the Variance request contingent upon the ordinance being adopted by the City or the applicant could withdraw the request. Discussion followed regarding when the draft ordinance would be presented to City Council and the earliest the Petitioner could request a Special Exception. Motion by Leo Nicholas, seconded by Donald Dunn to postpone this agenda item until October 26, 2005. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes September 14, 2005 Page 4 There being no further business for the Board to consider the meeting was adjoumed at 9:42 p.m. • )2'€)/7L(22/4i Bea McNeely, ChairpersonLJ D ree Alexander, Re rding Secretary