CEDAR KEY
LAND PLANNING AGENCY MET
17 November 2020
LAND PLANNING AGENCY MET
17 November 2020
MEETING SPECIFICS
The Cedar Key Land Planning Agency met on Tuesday, November 17, 2020, at 7:05 pm, after the Cedar Key City Commission and the Community Redevelopment Agency meetings adjourned, at the Cedar Key Community Center. Present were Mayor Heath Davis, Vice-Mayor Sue Colson, Commissioners Susan Rosenthal, Jim Wortham, and Nancy Sera.
The Cedar Key Land Planning Agency met on Tuesday, November 17, 2020, at 7:05 pm, after the Cedar Key City Commission and the Community Redevelopment Agency meetings adjourned, at the Cedar Key Community Center. Present were Mayor Heath Davis, Vice-Mayor Sue Colson, Commissioners Susan Rosenthal, Jim Wortham, and Nancy Sera.
Staff in attendance included: City of Cedar Key Attorney Norm Fugate, Police Chief Virgil Sandlin, Public Works Director Michelle Petersen, City Clerk Crystal Sharp, Receptionist Telicia Winfield, and Building Clerk Jennifer Sylvester. All commissioners but one wore masks and were physically distanced; no staff wore masks.
Among those in the audience were: Esta Johnson, Ann Morgan, Bob and Jeri Treat, and Mandy and Frank Offerle.
REVIEW AND DISCUSSION
The following six items were reviewed and discussed. Resolutions, changes, etc., to extant regulations will return to the LPA.
The following six items were reviewed and discussed. Resolutions, changes, etc., to extant regulations will return to the LPA.
VACATION RENTALS / AIR B&B
On June 10, 2016, the City Attorney Opinion was entered into the Laws of Cedar Key. There City Attorney Norm Fugate answered the question: Can the city regulate vacation rentals / Air B&Bs? He answers no with the following research.
On June 10, 2016, the City Attorney Opinion was entered into the Laws of Cedar Key. There City Attorney Norm Fugate answered the question: Can the city regulate vacation rentals / Air B&Bs? He answers no with the following research.
“Section 509.032(7), Florida Statues, as amended by chapter 2014-71, Laws of Florida, limits a local government's power to regulate vacation rentals to enforcement of the Florida Building Code and the Florida Fire Code. Otherwise, the statute preempts all other regulation of vacation rentals to the State. Moreover, subsection (7)(b) of the statute precludes any local law, ordinance or regulation which would prohibit vacation rentals or restrict the duration or frequency of vacation rentals. It is my opinion, therefore, that the City may not prohibit vacation results in a particular area where residential use is otherwise allowed, nor may the City regulate the frequency or duration of vacation rentals.”
Mayor Davis asked that Attorney Fugate ascertain if any change has been made in Florida Statutes since the June 10, 2016, opinion.
RV PARK REQUIREMENTS
Parking and occupying recreational vehicles on properties in the city was questioned. Commissioner Wortham questioned the need of residents to electrically connect the vehicle to the home. Mayor Davis asked that Building Clerk Jennifer Sylvester work with Fugate to redefine utilities and occupancy and check the State requirements. The City Code does not allow RVs that are parked on private property, except in an established RV Park, to be connected to utilities such as electricity or water or occupied or used for living or sleeping.
Parking and occupying recreational vehicles on properties in the city was questioned. Commissioner Wortham questioned the need of residents to electrically connect the vehicle to the home. Mayor Davis asked that Building Clerk Jennifer Sylvester work with Fugate to redefine utilities and occupancy and check the State requirements. The City Code does not allow RVs that are parked on private property, except in an established RV Park, to be connected to utilities such as electricity or water or occupied or used for living or sleeping.
RIGHT OF WAY LICENSE AGREEMETS
Since 2011, when Attorney Fugate came to the city, a few residents wishing to use the public right-of-way have been granted a license to use the public land. Since then more residents have been encroaching into the City’s right-of-ways without requesting a license or applying for a permit.
Since 2011, when Attorney Fugate came to the city, a few residents wishing to use the public right-of-way have been granted a license to use the public land. Since then more residents have been encroaching into the City’s right-of-ways without requesting a license or applying for a permit.
The area of the right-of-ways, between the property line and the street in many cases has been paved with impervious surfaces. Other than the allowed driveways, no construction or paving is permitted in City right-of-ways. The licenses that have been issued by the City reserves the City’s right to reclaim and use the land should it ever need it.
Davis directed Fugate to create an application for use of public property. Davis asked Sylvester if she was clear of the commission’s direction to her. She responded that she would give all who request the use of public property a license to complete; she would then process it. Mayor Davis corrected her saying that the direction was to create, with Fugate, an application for the use of public property/ right of-way.
Audience member Offerle again warned against the use of public property for an individual’s use, reminding all that the swale was in place for a reason and that individual’s wishes do not supersede the public good.
PERVIOUS / IMPERVIOUS LAND COVERAGE
Noting that the requirement that only 40% of a residential lot may be imperviously covered has been abused more lately, Davis directed Sylvester and Fugate to look at the language in the Laws of Cedar Key and clarify it. Current laws and Cedar Key’s Comprehensive Plan does not permit any resident to alter their land so that storm water drainage adversely affects a neighbor’s property.
Noting that the requirement that only 40% of a residential lot may be imperviously covered has been abused more lately, Davis directed Sylvester and Fugate to look at the language in the Laws of Cedar Key and clarify it. Current laws and Cedar Key’s Comprehensive Plan does not permit any resident to alter their land so that storm water drainage adversely affects a neighbor’s property.
“MORE CONFORMING LOTS” LANGUAGE
Attorney Fugate reported that, after speaking with Mr. Dozier’s lawyer, Mr. Dozier would soon return to the city for a replat request.
Attorney Fugate reported that, after speaking with Mr. Dozier’s lawyer, Mr. Dozier would soon return to the city for a replat request.
AIRPORT ZONING
Attorney Fugate reported a conversation with the Department of Transportation regarding a vacant lot in the airplane approach zone and extant height restrictions. State statutes require municipalities to have ordinances on the books stating maximum heights. Fugate suggests working with the county on this issue.
Attorney Fugate reported a conversation with the Department of Transportation regarding a vacant lot in the airplane approach zone and extant height restrictions. State statutes require municipalities to have ordinances on the books stating maximum heights. Fugate suggests working with the county on this issue.
MEETING ADJOURNED
The meeting was adjourned at 6:55 pm.
The meeting was adjourned at 6:55 pm.
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