HomeMy WebLinkAbout09-27-2006 Regular Meeting}'LANNING & ZONING BOARD
MEETING MINUTES
SEPTEMBER 27, 2006
A Regular Meeting of the Planning & Zoning Board was held on September 27,
2006, 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
Lamar Russell
John Fredrickson
Donald Dunn
Harry Pearson
John Johanson
OTHERS PRESENT
Duree Alexander
Todd Peetz
Kate Latorre
Bennett Boucher
Robert Hoog
Buzz Petsos
Chairperson
Vice Chairperson
1st Alternate
Acting Secretary
City Planner
Assistant City Attorney
City Manager
Mayor Pro Tem
Council Member
NEW BUSINESS:
1. Approval of Meeting Minutes: September 13, 2006.
Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting
minutes of September 13, 2006. Vote on the motion carried unanimously.
2. Review and Recommendation to City Council Re: Proposed Ordinance
Regarding Vacation Rentals - Kate Latorre, Assistant City Attorney.
Todd Peetz, City Planner, gave an overview of the agenda item. He explained
that the agenda item was discussed several months ago and most of the issues
had been resolved at that time. The item was put on hold to see the outcome of
the Brevard County lawsuit regarding short term rentals. However, at the last City
Council meeting the Council requested staff move forward with the item.
Kate Latorre, Assistant City Attorney, explained that this ordinance had been
revised based on City Council recommendations to prohibit vacation rentals for
less than ninety (90) days in the R -1, R -2, and R -3 residential zoning districts.
She stated that the Brevard County lawsuit was in the beginning stages and that
no significant ruling had been made which would provide any type of guidance.
Consequently the Council requested that staff move forward and prepare the
ordinance.
Chairperson McNeely asked if the City Council had any specific
recommendations.
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Kate Latorre, Assistant City Attorney responded that the City Council's specific
instructions were to prohibit vacation rentals in all residential zoning districts for
single family dwellings or multiple family dwellings with four (4) or Tess units for
periods of less than ninety (90) consecutive calendar days, which would exclude
larger condominiums and apartment complexes.
She stated that the intent of each zoning district was amended to further explain
and promote the City's intent for permanent residency of families in these
districts; the ordinance specifically prohibits what staff has defined as "transient
commercial use" in these zoning districts and has been added to the definition
section of Chapter 110; to avoid conflict, the sentence "dwelling unit rentals of
less than seven days are expressly prohibited" has been stricken from the R -1,
R -2 and R -3 residential zoning districts.
Bea McNealy, Chairperson asked if there was a provision for penalties in the
ordinance.
Kate Latorre, Assistant City Attorney responded that there was no provision in
this particular ordinance; however, she asked that the Board consider a period of
time for existing rentals to come into compliance.
There was open discussion by the board members regarding the ninety (90) day
time limit recommended in the proposed ordinance; the issues of short term
rentals in regards to noise, parking and number of people residing in the units for
short periods of time; and the effect on the long term residents.
Donald Dunn asked how Brevard County and other municipalities are regulating
the amount of time allowed for short term rentals.
Kate Latorre, Assistant City Attorney responded that she believed the County is
limiting the short term rentals to sixty (60) or ninety (90) days and that the State
pre -empts local regulation to a certain extent. She stated that due to the
numerous concerns presented to City Council that the intent of this particular
amount of time is to eliminate some of the problems that are associated with the
short term rentals as previously discussed.
There was open discussion by the board members regarding permitting
requirements for existing short term rentals; fire inspections; and owner contact
information being posted in the rental units.
John Johanson asked if City staff had reviewed other City's ordinances regarding
short term rentals.
Todd Peetz, City Planner stated staff had reviewed a dozen or more ordinances
ranging from three (3) days to thirty (30) days, with some jurisdictions prohibiting
short term rentals altogether.
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September 27, 2001
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Timothy Levensaler, 419 Jackson Avenue, Cape Canaveral, stated he is
opposed to the new ordinance. He owns properties that are short term rentals in
the City and has obtained all the required licenses to operate his business. The
problems that have been addressed by the board, such as noise, number of
people and parking; he has addressed with his tenants and surrounding
neighbors. He stated that he has posted his personal contact information in all
his rental units and resides at one of the short term rental properties. He stated
that he felt the only problem may be parking.
Burt Patrick, prior City Manager addressed compliance with the current zoning
ordinance which allows pre - existing uses to be grandfathered and asked that the
board consider grandfathering the existing uses.
Todd Peetz, City Planner stated that a time amortization schedule would be
created to amortize those uses so that they would not have a grandfathering
ability.
Bill Con-enti, 8774 Live Oak Ct., Cape Canaveral, stated that he is opposed to
the new ordinance; he believes that long term residents are more of a problem
than the short term renters; and that short term renters are not the same as
transient rentals.
Kate Latorre, Assistant City Attorney provided a definition for transient rentals.
Annie Tenenbaum, 8194 Lake Drive, Unit 306, Cape Canaveral, stated her
concerns regarding not allowing short term rentals.
Shannon Roberts, 703 Solana Shores Drive, Unit 505, Cape Canaveral, stated
her concerns regarding the short term rentals; the noise factor when short term
rentals are introduced into a quiet residential area; difficultly in dealing with
weekly renters whose concerns are here only to have fun; consideration of time
shares which are different from condominium associations.
Motion by Bea McNeely, seconded by Lamar Russell that the board recommend
approval of the draft Ordinance to the City Council with the condition that an
amortization period be added for existing agreements to expire in one (1) year.
Discussion followed regarding regulating noise; number of people; enforcement;
type of amortization schedule. Members voted as follows: Donald Dunn, for;
John Fredrickson, against; Bea McNeely, for; Harry Pearson, against; and Lamar
Russell, for.
Motion passed three to two.
OPEN DISCUSSION
Bea McNeely, Chairperson opened the floor for discussion.
Lamar Russell, Vice Chairperson provided an outline to the Board members
regarding his thoughts on compatibility with surrounding uses in regard to special
exceptions; minimum requirements for a special exception; what are the
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planned future land uses; criteria for measuring compatibility; differences in land
use functions; harmony between adjoining properties, including appearance,
size, buffering /screening, setbacks and noise; consideration toward glare, odor,
hours of operation; relationship to land values; risk factors and environmental
conditions.
There was a brief discussion by the board regarding Mr. Russell's suggestion to
revise the current special exception requirements. The board directed staff to
incorporate these thoughts on compatibility into a check list.
Ruth Sanders, 8931 Lake Drive, Cape Canaveral stated her concern that the City
is not repealing the special exception that allows liquefied petroleum in the M -1
zoning district. She stated her opposition regarding the petroleum tanks being
allowed in the M -1 zoning district abutting a residential zoning district.
Lamar Russell, Vice Chairperson explained that staff has been directed to
conduct a City -wide inventory of all liquefied petroleum tanks and upon receiving
staffs report the appropriate action will be taken.
There being no further business, the meeting was adjourned at 9:40 p.m.
►""ee Alexa der, Acting Secretary