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HomeMy WebLinkAbout12-07-2017 PZ AgendaM, �BAST[AN HOME OF PELICAN ISLAND 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 AGENDA LOCAL PLANNING AGENCY PLANNING AND ZONING THURSDAY, DECEMBER 7, 2017 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS AND/OR AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. APPROVAL OF MINUTES Regular meeting of September 21, 2017 6. QUASI-JUDICIAL and PUBLIC HEARINGS • Chairman opens hearing, attorney reads ordinance or resolution or title • Commissioners disclose ex-parte communication Chairman or attorney swears in all who intend to provide testimony • Applicant or applicant's agent makes presentation • Staff presents findings and analysis • Commissioners asks questions of the applicant and staff • Chairman opens the floor for anyone in favor and anyone opposing the request (anyone presenting factual information shall be sworn but anyone merely advocating approval or denial need not be sworn in) Applicant provided opportunity to respond to issues raised by staff or public • Staff provided opportunity to summarize request • Commission deliberation and questions • Chairman calls for a motion Commission Action A. Public Hearing — Review and Make a Recommendation to City Council Regarding Ordinance 0-18-01 relating to Medical Marijuana Treatment Centers & Dispensaries - Amending the Land Development Code, Article XXII Language & Definitions and Article V Zoning District Regulations UNFINISHED BUSINESS 8. PUBLIC INPUT Public Input on items other than on the printed agenda, is five minutes, however, it can be extended or terminated by a majority vote of members present 9. NEW BUSINESS 10. COMMISSIONERS MATTERS 11. CITY ATTORNEY MATTERS 12. STAFF MATTERS A. Brief on State law regarding Short-term Vacation Rentals and update of City Council's discussion from their 11/22/17 meeting 13. ITEMS FOR NEXT AGENDA 14. ADJOURN HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All Planning and Zoning Commission Meetings are Aired Live on Comcast Channel 25. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 2 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 21, 2017 1. Call to Order Chairwoman Kautenburg called the meeting to order at 6:00.4m C I2. Pledoe of Allegiance was recited by all. O ¢ 3. Roll Call C Present: Mr. Roth Mr. McManus 9 E Ms. Kautenburg Mr. Hughan (a) Li. E Mr. Carter Mr. Alvarez C O Mr. Reyes Mr. Simmons (a) Mr. Qizilbash O C $ m 2 Also Present: Ms. Cynthia Hall, Interim City Attorney 'C 215 Ms. Lisa Frazer, Community Development Director O O a a cC Ms. Dorri Bosworth, Planner � N ._ ¢a Qa� Ms. Susan Mann, Recording Consultant Ms. Dale Simchick, IRC School Board Liaison was not present 4. Announcements and/or Acienda Modifications Ms. Kautenburg noted that all regular members and alternates were present. Ms. Lisa Frazer introduced herself and stated that she is a Certified Planner, with approximately 30 years' experience in the field and provided a brief history. She stated that she is excited to be in her position and welcomed all Commissioners to contact her at any time. Ms. Kautenburg welcomed her to the City. 5. Approval of minutes A. Regular Meeting of August 17, 2017 A motion to accept the August 17, 2017 minutes as presented was made by Mr. Carter, seconded by Mr. Roth and passed unanimously by voice vote. 6. Quasi -Judicial and Public Hearincas A. Public Hearing — Recommendation to City Council New Site Plan — Dollar General/Chesser's Gap — 13,144 SF Retail Building @ 727 Sebastian Boulevard — PUD-C (Planned Unit Development — Commercial) Zoning District. PLANNING AND ZONING COMMISSION PAGE 2 MINUTES OF REGULAR MEETING OF SEPTEMBER 21, 2017 Ms. Hall read the request by title for the record. Ms. Kautenburg asked if there were any ex-parte communication to be disclosed; there being none she continued with the public hearing. Ms. Hall swore in those making a presentation on this Application. Mr. William Anderson, Hanlex Development, 1000 Color Place, Apopka, FL 32702, stated he will make a short presentation and he and the Project Engineer will be happy to answer any questions the Commissioners have. He thanked staff for their help with the proposed site plan. He explained that this parcel is part of the Chesser's Gap PUD and provided details on the site layout, ingress/egress, delivery access, customer parking and stated that the existing utilities will be used. He stated that the landscape will be attractive, the parking is more than adequate and emergency vehicles entry to the site will be easy. He explained that the architecture is attractive, inviting and is consistent with the image the City desires. He offered to answer any questions. Ms. Bosworth explained that because the site is in the Chesser's Gap PUD the application requires City Council approval; it is before the Commission for their recommendation to the Council. She reviewed the Staff Report in detail. She provided information on the previous development of the site. She noted that it is the final lot to be platted into the Chesser's Gap Subdivision. She stated that the design of the building is attractive; a traffic study has been conducted and the additional traffic will not have a negative impact; several of the oak trees will be saved and protected during construction; a DEP permit will be required for the removal of the gas tanks which will include soil testing, a copy of this report is requested for the City's files. She stated that three conditions of staff the recommendations are still pending and staff would like to have those prior to presentation to Council. She requested that recommendation Items 1, 2, and 4 be included in the Commission's motion. She concluded by stating that staff recommends approval and that the site plan complies with the conceptual development plan the Comprehensive Plan and the Land Development Code. She requested this statement be included in the motion. Mr. Carter observed that it will be a good addition to the area. He asked if there are other tenants in addition to Dollar General. Mr. Anderson responded that there are a number of interested parties. Mr. Carter asked if a nautical theme could be included to be. Mr. Anderson responded that can be done. Mr. Qizilbash stated that the parking requirement could change depending on the business of the other tenants. Ms. Bosworth responded that the current parking requirements are calculated for all retail, but when other tenants come in the parking will be recalculated based on the requirements of the type business operated. Mr. Qizilbash asked why the plans went to the SJRWMD. Ms. Bosworth responded that to her knowledge it was the desire of the applicant to comply with all possible requirements and they received a letter of approval. PLANNING AND ZONING COMMISSION PAGE 3 MINUTES OF REGULAR MEETING OF SEPTEMBER 21. 2017 Mr. Hughan stated that he is glad to see the corner lot be developed since the Exxon Station has been vacant for such a long time. Mr. Roth agreed that this will be a great asset to the City and the building is very attractive. He concurred with the inclusion of a nautical theme in the site. He asked why there are no fire suppression devices shown on the plans. Ms. Bosworth responded that is part of the building permit process and will be addressed at that time. He expressed concern about the curb cuts on Fleming causing problems with ingress/egress from the site. He thanked the applicant for a complete plan and application package. Mr. Anderson addressed the question regarding traffic flow by stating that the curb cut off Fleming is designed for large trucks and the one off Sebastian Boulevard is designed for fuel deliver trucks. Mr. Reyes asked for an explanation of why the legal description on the survey is different from that on the application. Ms. Bosworth responded that she noted the discrepancy and the applicant provided a corrected survey which is attached to the site plan package. Mr. Reyes asked if pervious pavement or pavers had been considered for this project. Mr. Rick Krietemeyer, Orlando, FL responded that because the impervious area was under what was allowed by code that type pavement had not been considered due to the maintenance that is involved. Ms. Bosworth clarified for the record that the area is determined by the PUD requirements which is 75%; the area is 74.9% so it is in compliance. Mr. Reyes asked if an environmental study will be required since this was a gas station. Ms. Bosworth responded that with the DEP permits required and the Phase I testing that will be required staff feels that is adequate. Mr. Anderson stated that because it was a gas station the first thing that was done was an environmental study. He explained that the owner had followed the proper procedure in closing the tanks and all the paperwork was in order. Mr. McManus stated that this is a great addition to the area. He asked if any consideration had been given to creating a driveway between this site to the Elks Lodge parking. Mr. Anderson responded that is being discussed at this time with representatives of the Lodge. Ms. Bosworth stated that would be beneficial if a restaurant were to open in the shopping center if they needed shared parking. Ms. Kautenburg and Mr. Alvarez both agreed that this is will be a good addition to the area. Ms. Kautenburg called for anyone from the public wishing to speak in favor of the application. Hearing none, she called for anyone opposed to the application. Hearing none, she closed public input. PLANNING AND ZONING COMMISSION PAGE 4 MINUTES OF REGULAR MEETING OF SEPTEMBER 21. 2017 Ms. Bosworth stated that staff recommends approval with the five (5) conditions shown on page 9 of the staff report. She explained that there needs to be two motions, one requiring submittal of items 1, 2 and 4 prior to submission to City Council; another motion recommending approval with conditions 3 and 5 met; and reference to compliance with Section 54-4-20.3(4)c. Ms. Kautenburg called for any further discussion; hearing none, she called for a motion. MOTION: by Carter/Roth "I make a motion that we make a recommendation to City Council to accept the new site plan for Dollar General, Chesser's Gap, 13,144 sf retail building at 727 Sebastian Blvd with the recommendations 1, 2,and 4 of staff be included prior to recommendation to City Council" Ms. Bosworth asked if the motion could be amended to require recommendations 1, 2 and 4 be met prior to recommendation to City Council. AMENDMENT: Mr. Carter amended his motion to reflect Ms. Bosworth's request. Mr. Roth amended his second. ROLL CALL: Mr. Roth — Yes Mr. Reyes —Yes Mr. Alvarez — Yes Mr. Qizilbash —Yes Total vote was 7-0. Motion Carried. Mr. McManus —Yes Mr. Carter —Yes Ms. Kautenburg —Yes MOTION: by Carter/Alvarez "I make a motion that we make a recommendation to City Council to accept the new site plan for Dollar General, Chesser's Gap, 13,144 sf retail building at 727 Sebastian Blvd with the staff recommendations 3 and 5. Recommend to City Council that the site plan complies with the conceptual development plan, the Comprehensive Plan and meets the criteria of 9 — 16 of the Land Development Code. ROLL CALL: Mr. Roth —Yes Mr. Reyes —Yes Mr. Alvarez — Yes Mr. Qizilbash —Yes Total vote was 7-0. Motion Carried. Mr. McManus —Yes Mr. Carter —Yes Ms. Kautenburg — Yes PLANNING AND ZONING COMMISSION PAGE 5 MINUTES OF REGULAR MEETING OF SEPTEMBER 21, 2017 7. Unfinished Business A. Discussion — Future development of vacant parcels located on the east side of Indian River Drive — Consideration of possible LDC amendments. (Backup materials from previous agenda) Ms. Kautenburg stated that the intent of the discussion is to determine a way to make the properties on the East side of Indian River Drive more productive to their owners than is possible under the current codes. She called for thought from the other Commissioners. Mr. McManus suggested increasing the side setback lines and prohibit placing anything in the setback. This would provide a view of the river. Ms. Bosworth provided details regarding the current residential and commercial setback requirements. Mr. Roth stated that if the installation of clustered kiosks was permitted, the owner would retain control of the property and could lease it to vendors. He suggested possibly a park or sitting areas. He stated that he thinks that having areas where people could walk and purchase items would make the area more attractive. Ms. Kautenburg stated that her understanding of what is intended is to allow different development of those properties than is allowed in the current code. She suggested that, in some cases, there could be a much better use of the property than what exists now. She stated that the intent is not to require any certain type development, but to allow the owners to have the opportunity for better uses. She supported allowing well-built kiosks that could be open on the weekends or special occasions and be closed when the demand for their product is low. She stated that with a walk-up situation the parking would not come into play. Ms. Bosworth provided details on the need to keep the size small to be exempted from the parking requirement. Ms. Kautenburg pointed out that there is public parking available if someone wanted to drive in order to visit the business. Mr. Qizilbash stated that due to the size of the lots a separate district would need to be established with its own requirements; applications for structures would be reviewed as they are now in the existing districts. Mr. Reyes suggested creating a boardwalk over the submerged land to connect the kiosks which would provide more of the lot to be developed. He suggested exploring the availability of grant funding for the project. Mr. Roth stated that there are some properties along the river that are for sale and are large enough to build a conventional structure on. He stressed the need for the Commission to continue to explore how to adapt the codes for the east side of Indian River Drive to protect the City from having large structures built on these parcels. Ms. Frazer stated that in reviewing this project she feels it would be well addressed by a Small Area Study. She explained that would allow staff to review the parcels involved to PLANNING AND ZONING COMMISSION PAGE 6 MINUTES OF REGULAR MEETING OF SEPTEMBER 21, 2017 determine how many are buildable, their size, etc. She stated that this can be done for the lots east of IRD first and possibly with other lots in the City that due to time and changes in codes are considered not buildable. Following discussion the consensus was that the study would be very helpful. It was agreed that the research should be completed and the Commission make their determination on changes to code prior to contacting the property owners. Ms. Bosworth provided details on the development of small parcels she had seen at the planning seminar she recently attended. Mr. Roth stated that he has identified four parcels which appear to be large enough to be buildable. During discussion he provided details on their locations, sizes, available parking, etc. Mr. Reyes stated that another parcel that is large enough to be buildable is the one by the City's boat ramp, across IRD from the motel. Ms. Bosworth responded that her understanding of what City Council is wanting the Commission to determine is how owners of such properties could be offered incentives to not build large structures, but to use the property in such a manner that the view of the river is not negatively impacted. As a result of discussion regarding the timeframe for completing the study, the consensus was that a report will be provided at each meeting of the status and findings to date. Ms. Bosworth stated that if it is determined that there will not be a meeting she can email the Commissioners updates. 8. Public Input Ms. Kautenburg called for public input; hearing none she continued with the agenda. 9. New Business — None 10. City Attornev Matters Ms. Hall stated that it is a pleasure to be working with the City and thanked the Commissioners for their understanding during her learning process. 11. Staff Matters — None 12. Commissioners Matters Mr. Roth welcomed Ms. Frazer. Mr. Simmons asked for an update on the status of the medical marijuana centers. Ms. Frazer stated she had just attended a meeting where the state regulations were discussed setting the number of licenses that will be issued, the number of distribution centers, and PLANNING AND ZONING COMMISSION PAGE 7 MINUTES OF REGULAR MEETING OF SEPTEMBER 21, 2017 how a City can regulate their locations. Ms. Bosworth explained that the City's Ordinance will be adjusted to comply with State Statute and brought back before the Commission for approval. Mr. Reyes commended the City on the mowing of the swales and their prompt clean up after the storm. He urged that they be mowed regularly to improve drainage. Ms. Kautenburg urged the City to look at how the codes could be adjusted to allow for "little houses." She stated that with housing costs increasing and a population that is aging this concept could help people needing a less expensive home and to allow people to stay in their homes longer because of the reduced maintenance. She stressed the need for affordable housing. Ms. Bosworth responded that the Code does not prohibit them, but there is a minimum size requirement. She stated that a question that comes up frequently is construction of an in-laws' quarters, which is prohibited in most residential areas. She stated that staff will review the applicable codes to determine what adjustments could be made. Mr. Alvarez reported that the individual selling cars on Barber Street has moved. He stated that the house across the street from him has been sold and is being used as a hotel. He expressed concern about the negative impact on the values of the surrounding homes and the crime that having different people renting on a nightly or short term basis could be an issue. He explained that if a bed tax were implemented it could benefit the City, but the reduction of surrounding property values will reduce the available tax base. Ms. Kautenburg urged him to call the police if there is any disturbance. Ms. Hall stated that she will research the State's law on short term rentals and report back to the Commissioners. 13. Items for Next Agenda — None 14. Admiourn Chairwoman Kautenburg called for any further business, hearing none she adjourned the meeting at 8:28 pm. /sm M� SEBASTIAN HOME OF PELICAN ISLAND PLANNING AND ZONING COMMISSION AGENDA TRANSMITTAL FORM Board Meetina Date: December 7, 2017 Aqenda Item and Title: Item 6A — Public Hearing and Recommendation to City Council regarding Ordinance 0-18-01 Medical Marijuana Treatment Centers and Dispensaries Recommendation: Hold public hearing, review and discuss proposed Ordinance 0-18-01, and forward a recommendation to City Council to adopt Backaround: See attached memorandum If Aaenda Item Reauires Expenditure of Funds: Total Cost: n/a Attachments: 1) Staff memorandum 2) Proposed Ordinance 0-18-01 3) Ordinance 0-17-01 4) 11/21/17 Newsletter/Update from the Florida Dept. of Health — Office of Medical Marijuana Use MiV $E, HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastian.org MEMORANDUM TO: Local Planning Agency (Planning and Zoning Commission) RE: Public Hearing for Proposed Ordinance 0-18-01 Medical Marijuana Treatment Centers — Rescinding Ordinance 0-17-01 - Amending Land Development Code Article XXII — Language and Definitions, and Land Development Code Article V - Zoning District Regulations DATE: November 30, 2017 In April 2017, City Council adopted Ordinance 0-17-01 which permitted Medical Marijuana Treatment Centers (MMTC) into certain zoning districts and created applicable conditional use criteria. Shortly after, in June, the State enacted medical marijuana regulations addressing cultivation, manufacturing, registries, etc. while also limiting local control of treatment centers. The new regulations stipulate that if a governmental jurisdiction chooses to allow MMTC's within their boundaries, they must not enact ordinances more restrictive than those in place for pharmacies. The city regulates pharmacies as commercial retail. Therefore, the establishment of the criteria in Ordinance 0-17-01 is in non-compliance with the new state laws. Proposed Ordinance 0-18-01 seeks to rescind Ordinance 0-17-01, institute the same definitions that are used in the state law, and list medical marijuana dispensaries as permitted uses in all zoning categories that pharmacies are allowed. While staff was examining the LDC, it was discovered that we did not have a definition for commercial retail, and as such, the new proposed ordinance is providing one to be added to our Land Use Classification section. The proposed ordinance is attached for your review, which should be done in accordance with Section 54-1-2-7(b), Procedures for adopting, supplementing or amending the land development code: (3) Planning and zoning commission review. The planning and zoning commission, regardless of the source of the proposed zone change petition or change to the land development code, shall hold a public hearing. If the official zoning map is proposed for amendment, the public hearing shall be conducted after proper public notice is given as required by Section 54-1-2.8. The planning and zoning commission shall submit a written report and recommendation concerning the proposed change to the official zoning map or to the land development code to the city council for official action. In its deliberations the planning and zoning commission shall consider the following criteria: a. Consistency with elan. Whether the proposal is consistent with the comprehensive plan. The commission shall identify any inconsistencies. b. Conformance with ordinances. Whether the proposal is in conformance with any applicable substantive requirements of the City of Sebastian Code of Ordinances. c. Chanced conditions. Whether, and the extent to which, land use and development conditions have changed since the effective date of the existing regulations involved which are relevant to the amendment. d. Land use compatibility. Whether, and the extent to which, the proposal would result in any incompatible land uses, considering the type and location of uses involved. e. Adecuate public facilities. Whether, and the extent to which, the proposal would result in demands on public facilities and services, exceeding the capacity of such facilities and services, existing or programmed, including transportation, utilities, drainage, recreation, education, emergency services, and similar necessary facilities and services. f. Natural environment. Whether, and the extent to which, the proposal would result in significantly adverse impacts on the natural environment. g. Economic effects. Whether, and the extent to which, the proposal would adversely affect the property values in the area, or the general welfare. Jr. Orderly development. Whether the proposal would result in an orderly and local development pattern. Any negative effects on such pattern shall be identified. i. Public interest: enabline act. Whether the proposal would be in conflict with the public interest, and whether it is in harmony with the purpose and interest of this ordinance and its enabling legislation. j. Other matters. Other matters which the planning and zoning commission may deem appropriate. Recommendation: Hold a public hearing, and review Ordinance 0-18-01 in light of the above considerations. Staff recommends forwarding to City Council a recommendation to adopt Ordinance 0-18-01. D. Bosworth, Planne(--V ORDINANCE 0-18-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO MEDICAL MARIJUANA TREATMENT CENTERS; RESCINDING ORDINANCE 0-17-01; AMENDING THE LAND DEVELOPMENT CODE ARTICLE XXII (LANGUAGE AND DEFINITIONS); AMENDING ARTICLE V (ZONING DISTRICT REGULATIONS); PROVIDING FOR SEVERABILITY, CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, on November 8, 2016, voters in Florida adopted an amendment to the Florida Constitution entitled "Use of Marijuana for Debilitating Medical Conditions" (in the City of Sebastian the amendment passed with 71 % of the vote); and WHEREAS, the City Council has determined that it is in the best interests of and would serve to promote and protect the public health, safety, and welfare to allow the location and operation of licensed medical marijuana treatment centers in the City; and WHEREAS, the City Council has the responsibility and authority pursuant to the City's home rule powers to determine uses that are suited for particular zoning categories and land use categories within the City; and WHEREAS, on April 26, 2017, the City Council adopted Ordinance No. 0-17-01, which amended the city's Land Development Code to provide regulations for the location and operation of medical marijuana treatment centers as conditional uses in the city; and WHEREAS, Florida Senate Bill 8A was approved by the governor on June 23, 2017, published as Chapter 2017-232, Laws of Florida, and, in part, severely preempts local control over the zoning of medical marijuana treatment centers and limits municipal regulation of medical marijuana dispensaries; and WHEREAS, Florida General Law Ch. 2017-232 provides limited municipal regulation authority for a municipality that permits dispensing facilities including: 1. A municipality may not place specific limits by ordinance on the number of dispensing facilities located within the municipality; 2. A municipality may not enact ordinances for permitting or for determining the location of dispensing facilities which are more restrictive than its ordinances permitting or determining the locations for pharmacies; 3. A municipality may not charge a license or permit fee in an amount greater than the fee charged to pharmacies; 4. A municipality may not locate a dispensing facility within five hundred (500) feet of a public or private elementary, middle or secondary school; 5. A municipality may not impose additional restrictions on signage beyond those regulations imposed by Chapter 2017-232; 6. Dispensing facilities must still comply with the Florida Building Code, the Florida Fire Prevention Code, or any local amendments to these Codes; and 1 WHEREAS, given the very limited options available to local governments, the City Council hereby finds that it is necessary to rescind the previously adopted Ordinance 0-17- 01, and that the land development regulations of this ordinance reasonably balance the needs of patients seeking medical products with the legitimate public interests in mitigating and limiting the potential negative secondary land use effects of medical marijuana dispensaries; and WHEREAS, the City Council finds the adoption of this Ordinance is in the public interest by serving to promote and protect the public health, safety, and welfare and otherwise serves a municipal purpose. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. Ordinance 0-17-01, relatine to Medical Marijuana Treatment Centers: amendine the Land Development Code Article XXII (Laneuaee and Definitions): amendine Article V (Zonine District Reeulations): and amendine Article VI (Conditional Use Criteria), previously adopted by City Council on April 26, 2017, is herebv rescinded in its entiretv. Section 2. Article XXII, Language and Definitions, of the Land Development Code of the City of Sebastian, is hereby amended to read as follows: Sec. 54-5-22.2. - Definition of terms. Marijuana. All Darts of any Dlant of the eenus Cannabis, whether erowine or not: the seeds thereof: the resin extracted from any Dart of the Dlant; and every compound, manufacture, salt, derivative, mixture, or preparation of the Dlant or its seeds or resin, includine low- THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by a qualified patient (F.S. Section 381.986(1)(f)). Medical marijuana treatment centers (MMTC). An entity. reeistered with the Denartment of Health that acquires, cultivates, Dossesses. Drocesses, transfers, transports, sells, distributes, dispenses, or administers marijuana Droducts containine marijuana, or related supnlies to aualifvine patients or their careeivers. Accordinely. MMTC's may open and operate disvensine facilities, which are separate and ap_ art from the cultivation. D_ rocessine_, and delivery onerations. (Art. X, & 29_ Fla. Const.) 2 Sec. 54-5-22.3. — Land use classification. (c) Commercial activities Commercial Retail. Establishments where the nrincinal use is the selling or renting of goods or merchandise to the general public for Dersonal or household consumption therebv serving the dav-to-dav commercial needs of a community, including the rendering of services incidental to the sale of such goods. Establishments include convenience stores, supermarkets, pharmacies, department stores, florists, gift shoos, thrift and resale stores, automotive suDDly stores, and similar retail sales and services. This definition shall not include adult bookstores, or other adult establishments. Medical Mariivana disvensaries. A Dropertv or building used exclusively for the storage, sale or dispensing of mariivana products in accordance with Florida law by a Florida approved dispensing organization or Medical Marijuana Treatment Center (as those terms are defined by Florida Law). Section 3. Article V, Zoning District Regulations, of the Land Development Code of the City of Sebastian, is hereby amended to read as follows: Sec. 54-2-5.3.1. - Commercial-512 District (C-512). (b) Uses permitted: Cultural or civic facilities Churches Administrative services, public and private Clubs and lodges, public and private Business and professional offices, excluding drive -through facilities Medical services Commercial retail; < 5,000 sq. ft. Medical Mariivana dispensaries Home occupations Plant nurseries 3 Commercial amusements, enclosed Restaurants, excluding drive -through facilities Trade and skilled services Residential uses accessory to permitted uses Accessory uses to permitted uses Sec. 54-2-5.3.2. — Commercial Limited District (CL). (b) Permitted uses: Business and professional offices, excluding drive -through facilities Cultural or civic facilities Medical services Commercial retail < 5,000 sq. ft. Medical Mariivana dispensaries Home occupations Parking garages Churches Administrative services, public and private Clubs and lodges, public and private All uses permitted within the RM-8 Zoning District Accessory uses to permitted uses Sec. 54-2-5.3.3. - Commercial General District (CG). (b) Permitted uses: Cultural or civic facilities Churches Parking garages Clubs and lodges, public and private Business and professional offices, excluding drive -through facilities Medical services 4 Commercial retail ;lte; 20,000 sq. ft. Medical Mariivana disnensaries Plant nurseries Gasoline sales, retail Restaurants, excluding drive -through facilities Trade and skilled services Hotels and motels Vehicular sales and related services Administrative services, public and private Accessory uses to permitted uses Home occupations All uses permitted within the RM-8 Zoning District Sec. 54-2-5.4. - Commercial Riverfront (CR). (b) Permitted uses: Cultural or civic facilities Clubs and lodges, public and private Medical services Gasoline sales, retail Wet or dry storage of boats Trade and skilled services Marine power sales and service Hotels and motels Bait and tackle shops Accessory uses to permitted uses Educational institutions, marine related Administrative services, public and private Business and professional offices, excluding drive -through facilities Commercial retail < 10,000 sq. ft. Medical Mariivana disnensaries Restaurants, excluding drive -through facilities Bars and lounges Home occupations Marinas Marine fuel sales Boat sales and rentals Fish markets and packing facilities Yacht clubs All uses permitted in the RM-8 Zoning District Sec. 54-2-5.5. - Commercial Waterfront Residential District (CWR). (b) Permitted awes: Single-family dwellings Duplex dwellings Multiple -family dwellings up to 8 units per acre Timeshare facilities Cultural or civic facilities Clubs and lodges, public and private Commercial retail < 5,000 sq. ft. Medical Mariivana dispensaries Foster care/group homes with <_ 6 residents Boat sales or rental Bait and tackle shops Fish markets/packing facilities Yacht clubs Restaurants excluding drive -through facilities Bars and lounges Trade and skilled services, marine -related only Marinas Marina fuel sales C Marine power sales and service Home occupations Accessory uses to permitted uses Sec. 54-2-5.6. - Industrial District (IN). (b) Permitted uses: Utilities, public and private Business and professional offices with or without drive -through facilities Gasoline sales Crematory Commercial retail with < 5,000 sq. ft. Medical Mariivana dispensaries Commercial amusements, enclosed Storage facilities Plant nurseries Restaurants with or without drive -through facilities Trades and skilled services, including marine -related Wholesale trades and services Farmer's market Fish markets and packing facilities Veterinary services Industrial activities Parking garages Parking lots without buildings on the lot Clubs and lodges, public and private Schools, public and private Educational institutions, marine related Administrative services, public and private Vehicular sales and related services Accessory watchman facilities 7 Medical services Vehicular services and maintenance Marine power sales and service Wet/dry storage of boats Accessory uses to permitted uses Section 4. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 5. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 7. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice Mayor Linda Kinchen Councilmember Ed Dodd Councilmember Albert Iovino Councilmember Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this day of .2018. 3 ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Jim Hill, Mayor Approved as to form and legality for reliance by the City of Sebastian only: City Attorney Note: Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect. ORDINANCE 0-17-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO MEDICAL MARIJUANA TREATMENT CENTERS; AMENDING THE LAND DEVELOPMENT CODE ARTICLE XXII (LANGUAGE AND DEFINITIONS); AMENDING ARTICLE VI (CONDITIONAL USE CRITERIA); AMENDING ARTICLE V (ZONING DISTRICT REGULATIONS); PROVIDING FOR SEVERABILITY, CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, on November 8, 2016, voters in Florida adopted an amendment to the Florida Constitution entitled "Use of Marijuana for Debilitating Medical Conditions" (in the City of Sebastian the amendment passed with 71 % of the vote); and WHEREAS, the City Council has determined that it is in the best interests of and would serve to promote and protect the public health, safety, and welfare to regulate the location and operation of medical marijuana treatment centers in the City; and WHEREAS, the City Council has the responsibility and authority pursuant to the City's home rule powers to determine uses that are suited for particular zoning categories and land use categories within the City; and WHEREAS, the City Council has determined that given the potential impact from medical marijuana treatment centers on the surrounding area, said treatment centers should be allowed within specific zoning districts as a conditional use; and WHEREAS, the City Council has determined that it is advisable and in the public interest to consider location, site and operational requirements, and other standards in regard to the location and operation of medical marijuana treatment centers as a conditional use; and WHEREAS, the City Council finds the adoption of this Ordinance is in the public interest by serving to promote and protect the public health, safety, and welfare and otherwise serves a municipal purpose. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. That Article XXII, Language and Definitions, of the Land Development Code of the City of Sebastian, is hereby amended to read as follows: See. 54-5-22.2. - Definition of terms. .1/artivana. Marijuana shall mean cannabis as defined in Section 893.02(3). Florida o Statutes. The term shall include `low-THC cannabis." as defined in Section 381.986(1)(b), Florida Statutes. c ) aledical marihuana treatment centers. A facility, operated by a person authorized by law and holdine all necessary licenses and permits from the State of Florida in accordance with ai local and state laws. that possesses or dispenses marijuana. products containine marijuana, related medical marijuana and/or medical supolies, or educational materials to oualifving patients or their personal careeivers for medical use. This definition excludes anv cultivation or nrocessine (includine develop_ ment of related _products such as food, tinctures, aerosols, oils, or ointments) of marijuana. Section 2. That Article VI, Conditional Use Criteria, of the Land Development Code of the City of Sebastian, is hereby amended to read as follows: Sec. 54-2-6.4. - Specific criteria for approving a conditional use. In addition to satisfaction of the general provisions cited above, a conditional use shall be permitted only upon a finding that the proposed conditional use complies with the requirements for the respective conditional use as specified below: (27) Reseiqed.Aledical marijuana treatment centers: a. Ammlicable zoning districts. Medical marijuana treatment centers shall be permitted as a conditional use in the foliowine zoning districts: C-512. CG, CR. CWR, and IN. e b. Conditional use criteria. Medical marijuana treatment centers will be allowed. o provided the followine conditions are met: U d 1. No site shall be located closer than a 500-foot radius to anv other medical a marijuana treatment center. m CO 2. The medical marijuana treatment center and the sale of related products shall be S the only use of the unit. w 3. Consumption of medical marijuana is prohibited on the premises where the treatment center is located. Ammropriate sienaee shall be reouired. 4. Business activity may be conducted at the treatment center onlv between the hours of 7:00 a.m. and 7:00 p.m., seven days per week. Section 3. That Article V, Zoning District Regulations, of the Land Development Code of the City of Sebastian, is hereby amended to read as follows: I Sec. 54-2-5.3.1. - Commercial-512 District (C-512). (c) Conditional uses: Child care services Nursing homes Revised to "dispensaries" Medical mariivana treatment centers Protective and emergency services, public Utilities, public and private Parks and recreation, public Gasoline sales, retail Veterinary services Commercial retail with > 5,000 sq. ft. Accessory uses to conditional uses Sec. 54-2-5.3.3. - Commercial General District (CG). (c) Conditional uses: Bars and lounges Commercial retail > 20,000 sq. ft. Business and professional offices with drive -through facilities Farmer's market Funeral homes Pawn shops Nursing homes Medical mariivana treatment centers Child care services Utilities, public and private Parks and recreation, public Protective and emergency services, public Restaurants with drive -through facilities 3 Vehicular service and maintenance Veterinary services Wholesale trades and services Commercial amusements, enclsed Accessory uses to conditional uses Mini -storage Sec. 54-2-5.4. - Commercial Riverfront (CR). (c) Conditional uses: Utilities, public and private Protective and emergency services, public Commercial retail > 10,000 sq. & Child care services Churches Plant nurseries Funeral homes Accessory uses to conditional uses Parks and recreation, public Nursing homes Medical mariivana treatment centers Commercial amusements, enclosed Restaurants, with drive -through facilities Farmer's markets Parking lots without buildings on the lot Veterinary services Business and professional offices with drive -through facilities Vehicular service and maintenance Sec. 54-2-5.5. - Commercial Waterfront Residential District (CWR). 2 (c) Conditional uses: Model homes Educational institutions, marine related Commercial retail > 5,000 sq. ft. Business & professional offices, excluding drive -through facilities Medical mariivana treatment centers Utilities, public and private Foster care/group homes with > 6 residents Parks and recreation, public Hotels and motels Parking lots without a building on the lot Protective and emergency services, public Bed and breakfast Wet or dry storage of boats Accessory uses to conditional uses See. 54-2-5.6. - Industrial District (M. (c) Conditional uses: Commercial retail with > 5,000 sq. ft. Hotels and motels Medical mariivana treatment centers Mini -storage Protective and emergency services, public Parks and recreation, public Commercial amusements, unenclosed Adult entertainment establishment Flea markets Accessory uses to conditional uses 5 Section 4. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 5. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 7. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember Hill . The motion was seconded by Councilmember Coo and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan aye Vice Mayor Andrea Coy aye Councilmember Ed Dodd aye Councilmember Jim Hill aye Councilmember Linda Kinchen aye The Mayor thereupon declared this Ordinance duly passed and adopted this ?Cth day of April .2017. CITY OF S ASTIA �C A By: /�//' ✓'/ Mayor Bob McPartlan ATTEST: C`�)j J ettetS'iFliams, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg City Attorney Note: Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect. Rick Scott, Swinor of the State of Florida Celeste Philip, MO, MPH. Surgeon Uncral and Secretary FloridaHealth.gov 4052 Bald Cypress Way. Bin U-Bi. Tallahassee, florida 323993265. 810 2954 965i WEEKLY UPDATE — November 21, 2017 The Florida Department of Health's (DOH) top priority is the health and safety of Florida's families. Through the DOH Office of Medical Marijuana Use (OMMU), we are working diligently every day to implement the many requirements in Amendment 2 and those set by the Florida Legislature in Senate Bill 8A and are dedicated to ensuring patients have safe access to low-THC cannabis and medical marijuana. We remain committed to moving this process forward, and will do so in an expedient and thoughtful manner. To keep the public informed of the latest updates, DOH will issue a weekly update on this issue. OMMU by the Numbers Patients in the Registry: 54,251* Qualified Physicians: 1,233 Approved Medical Marijuana Treatment Centers: 13 Approved Retail Dispensing Locations: 22 Processing Time for Complete Paper Application: 30 days Processing Time for Complete Online Application: 18 days Approved ID Card Applications: 34,197* Implementation Updates • Card Program - On Tuesday Nov. 21, the department executed the contract with Veritec Solutions, LLC, to outsource the Medical Marijuana Use Identification Card Program. OMMU has immediately begun work to transition the program to Veritec. On September 28, 2017, the Florida Medical Association and Florida Osteopathic Medical Association issued the new course titled Florida Physician Medical Marijuana Course. All physicians who previously qualified to order medical marijuana are required to take the new course by December 26, 2017. Notice of Proposed Rule 64-4.013 - Pesticide Use on Marijuana has been submitted and will be published in the Florida Administrative Registry tomorrow, November 22, 2017. *Note, not all patients entered into the medical marijuana use registry apply for medical marijuana use identification cards. Medical Marijuana Treatment Centers Name Dispensing Locations Trulieve Surterra Therapeutics Curaleaf Knox Medical Aphria The Green Solution GrowHealthy 3 Boys Farm Loop's Nursery & Greenhouses, Inc. Plants of Ruskin, Inc. Sunbulb Company, Inc. Treadwell Nursery Keith St. Germain Nursery Farms Legal Updates Tallahassee, Tampa, Clearwater, Pensacola, Miami, Edgewater, Lady Lake, Jacksonville, St. Petersburg, Bradenton, Fort Myers, Gainesville, delivery Tallahassee, Tampa, delivery Miami, Kendall, delivery Tallahassee, Gainesville, Orlando, Jacksonville, Lake Worth, St. Petersburg, delivery Dispensing via delivery Dispensing via delivery Dispensing via delivery N/A Cultivation Authorization only Cultivation Authorization only N/A - Cultivation Authorization only N/A The implementation of Amendment 2 and Senate Bill8A continues to be frequently litigated. While some of these lawsuits have little impact on our progress, others - particularly those regarding the constitutionality of the law we are tasked with executing - have significant impact on DOH's ability to implement certain requirements of Senate Bi118A. Home Grow Redner v. DOH, et. al., 13th Judicial Circuit Case No. 17-CA-5677 Smoking Ban People United for Medical Marijuana v. DOH, et. al., 2d Judicial Circuit Case No. 2017-CA-1394 Constitutionality of Black Smith v. DOH, 2d Judicial Circuit Case No. 2017-CA-001972 Farmers Provision Awaiting injunction hearing to be scheduled 381.986(8)(a)2 F.S. Constitutionality of Citrus Tropiflora, LLC v. DOH, 2d Judicial Circuit Case No. 2016-CA-1330 Farmers Provision Awaiting injunction hearing to be scheduled 381.986(8)(a)3 F.S. MMTC Licensure Nature's Way v. DOH Case No. 17-5801 General Background Information Medical Marijuana ID Card Application Process: Once a patient has been diagnosed by a qualified ordering physician and entered into the Medical Marijuana Use Registry, they can immediatelv begin the identification card application process. The department encourages applicants to complete the process online as this decreases processing time. Patients receive an email from OMMU once their email is added to the registry by their qualified ordering physician which directs them to the application. Once an application is reviewed and approved, patients receive an approval email which can be used to fill an order at an approved MMTC while they await their physical card. Medical Marijuana Use Registry: All orders for medical marijuana are recorded and dispensed via the Medical Marijuana Use Registry. The Medical Marijuana Use Registry is accessible online, with real time information to ordering physicians, law enforcement and medical marijuana treatment center staff. Patients and caregivers may also access the Medical Marijuana Use Registry to submit a Medical Marijuana Use Registry Identification Card application, and check the status of their application. Medical Marijuana Treatment Centers: Approved medical marijuana treatment centers are the only businesses allowed to grow, process, or sell medical marijuana in Florida. Each medical marijuana treatment center must receive authorization at three stages, (1) cultivation authorization, (2) processing authorization, and (3) dispensing authorization, prior to dispensing low-THC cannabis or medical marijuana. Medical marijuana cannot be mailed. For more information visit www.flhealth.aov/ommu unn SE�TWIV HOME OF PELICAN ISLAND Board Meetina Date Aaenda Item and Title Recommendation: Backaround: PLANNING AND ZONING COMMISSION AGENDA TRANSMITTAL FORM December 7, 2017 Item 12A — Update and brief on State law regarding Short-term Vacation Rentals and City Council discussion If Aaenda Item Requires Expenditure of Funds: Total Cost: n/a Attachments: 1) Short-term Vacation Rental Brief 2) City Council Minutes from 11/22/17 meeting 3) Press Journal article from 7/14/16 SHORT-TERM VACATION RENTAL BRIEF COMMUNITY DEVELOPMENT DEPARTMENT, NOVEMBER 2017 Backaround Part I of Chapter 509, Florida Statutes, contains laws affecting public lodging and public food service establishments. In 1993, the Legislature amended section 509.032, Florida Statutes, adding paragraph (7) to preempt all regulation of public lodging and public food service establishments to the state. In 2011, the Florida Legislature prohibited cities from regulating short-term vacation rentals. A short- term vacation rental (transient public lodging establishment) is defined as a property that is rented more than three times a year for less than 30 days at a time. Section 509.013(4)(a)1., Florida Statutes, defines "transient public lodging establishment" as "any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests." Furthermore; Section 509.242(1)(c), Florida Statutes, defines "vacation rental' as `any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family, or four -family house or dwelling unit that is also a transient public lodging establishment but that is not a timeshare project." It appears from these definitions that any unit, group of units, or house as enumerated in section 509.242(1)(c), Florida Statutes, is eligible to be used as a transient public lodging establishment and, hence, a vacation rental. There are no statutory provisions that impose restrictions against owners from offering eligible housing as vacation rentals. The legislation passed in 2011 included a provision that grandfathered any ordinance regulating short- term rentals prior to June 1, 2011. Since that time, a number of cities, both grandfathered cities and those that did not have an ordinance in place, have experienced problems with these properties. The effect of the 2011 law is that two separate classes of cities were created respective to short-term rentals, those with Home Rule authority and those without, including the City of Sebastian. In 2014, the Legislature amended paragraph (7)(b), A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011." The law allows local governments to adopt ordinances specific to these rentals so that they can address some of the noise, parking, trash and life -safety issues created by their proliferation in residential neighborhoods. Unfortunately, it left in place existing statutory language stating that cities cannot prohibit short-term rentals, or regulate the duration or frequency of the rental. An ordinance requiring certain distances between vacation rentals or limiting their numbers in areas within the city could result in a prohibition against using eligible units as vacation rentals when other existing units have already satisfied the spacing or percentage formulae. With the rise of popular rental websites like Vacation Rental by Owner (VRBO) and Airbnb making it easier to advertise and rent these properties, the number of properties used as short-term rentals in Florida has exponentially increased in the last four years. Cities without short-term rental regulations in place prior to June 1, 2011, have had their zoning authority stripped and are now seeing these rentals overtaking residential neighborhoods. The impacts of problematic short-term rentals on neighboring residents are felt in a number of ways including: • Commercial activity in residential neighborhoods; Infrastructure capacity issues including: parking, traffic, septic/sewer; Increase in Law/Code Enforcement: Noise, operating hours, destruction of property; • Decrease in property values; • Out of area owners/investors; • Fair Tax/Revenue issues. Vacation Rental Legislation failed in the 2017 session, which would have reduced the Home Rule legislation, and no new bills have been presented thus far. City of Sebastian Planning and Zoning Commission requested a staff review of this issue at the September 21, 2017 meeting. Summary • A short-term vacation rental is defined as a property that is rented more than three times a year for less than 30 days at a time. • Short-term rentals are causing problems in many cities around the state by creating commercial activity in residential areas (mini -hotels in neighborhoods). Problems include noise, inadequate parking, infrastructure intended for residential use is now being used on a commercial scale, and decreased property values in neighborhoods taken over by vacation rentals. • Cities were preempted from regulating vacation rentals in 2011. This legislation included a provision that "grandfathered" any ordinance regulating vacation rentals prior to June 1, 2011 which does not include the City of Sebastian. • The language was amended in 2014 to allow cities to regulate short-term rentals through life safety and building codes, as well as other codes specific to vacation rentals. • Cities are still prohibited from regulating the duration and frequency of these rentals, as well as regulating these properties through zoning (location). • Life safety and building codes may include: o Parking or Storage of Vehicles; Proof of Registration; Prohibition of Commercial Events at residence; Noise and Vibration; Vacation rental local license and regulations; Fire Safety Occupancy limit; Local Management/Owner Contact. • Potential Impact to Budget: Increased Law/Code Enforcement; Increased Building Inspection; Increased Administration Costs associated with Registration/License. ,MS SEBAS!" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: 22 November 2017 Agenda Item Title: Residential Short -Term Rentals Recommendation: Discussion Only — Advise Staff Backeround: At the 13 July 2016 Council meeting, the issue of `residential' short-term rentals (STR) was discussed. Staff was instructed to monitor the STR issue and `bring forward' citizen complaints and/or Board concerns. Recently, the Planning and Zoning Commission (P&Z) expressed concerns that STRs are becoming more prevalent within the City of Sebastian. At the 21 September 2017 P&Z Commission meeting, P&Z members requested a Staff review on the subject. Since Council has made a previous request to Staff for STR updates, the Community Development Director will submit a brief on her findings related to the issue. If Agenda Item Requires Expenditure of Funds: N/A ll/� Administrative Services Department/CFO Review: .� G '�1 • 1 Attachments: City Manager Authorization: Date: 13 November 2017 Short -Term Vacation Rental Brief yam, 71 of 133 Regular City Council & CRA Meeting November 22, 2017 Page Five 17.014 B. Citizens Budget Review Advisory Board (Transmittal. ADDIIcatlons. List) The City Clerk stated she was notified by Mr. McPartlan that Ed Herlihy would serve on the committee as his appointee and she would need to receive appointments from Vice Mayor Kinchen and Mr. lovino in the near future. Vice Mayor Kinc en announced that Nancy Veidt will serve as her appointee. 17.173 C. Indian River Countv and Rea_ ional Boards/Committee Assignments (Transmittal. Liaison List) Upon review of the list, Council Members indicated their interest in serving on the various boards and committees. (See list attached) 17.174 D. Indian River Countv Commission Monthlv Meetina Monitorina (Transmittal. 2017/2018 Schedule) \\ Mr. Dodd agreed to take December arl the Council Members agreed to monitor the County Commission meetings by left -to -right or r of their seat on the dais. (See list attached) 12. PUBLIC HEARINGS - None 13. UNFINISHED BUSINESS i 17.136 A. Discuss Citv Attornev Search (Transmittal. Minbites Excerpt. List) The City Manager reported there have been 23 resumesNpplications received as a result of the advertisement posted until October 31; all Council Members received copies of the applications, as well as copies were�evailable for review in the,City Clerk's office. It was the consensus of Council to have each member submit th �r top five choices to the City Manager. Discussion followed on conducting individual inte iews or open, public interviews. Damien Gilliams, 1623 US Highway 1, recommended a full-time attorney, someone with minimum five years government experience, who is interested in being a City Manager to take the current Manager's place when he retires. He said he would like the opportunity to sit in on the interviews. The City Manager confirmed that each Member would submit their top five candidates to him. The list would then be discussed at the December 131h Council meeting. Mr. lovino asked that the individual that was suspended in 2005 and 2003 be immediately disqualified from the process. The City Manager said he would do a cursory background check on their top candidates and bring the collated list back to the December 131h meeting. 17.175 B. Discuss Residential Short -Term Rentals (Transmittal. Brief) 6:55 pm The City Manager briefly summarized the legislative history of vacation rentals. There was no public input. Mr. Dodd asked if there is anything in the Land Development Code (LDC) to discourage the development that facilitates short term rentals, except for condominium complexes. He said the problems seem to be in the residential areas. Regular City Council & CRA Meeting November 22, 2017 Page Six 7:09 pm The Interim City Attorney advised the 2014 Legislature amended statutory language in that vacation rentals cannot be prohibited nor can the duration or frequency be regulated. She said Council may want to consider ordinances to address specific problems that vacation rentals cause or exacerbate. Mayor Hill said such things as excessive noise could be regulated and asked if parking could be regulated. The Community Development Manager said currently, each residence is required two parking spaces and the vehicles must be licensed to the homeowner. She said staff has considered whether they wanted to be the regulator of the rentals and comprise a registry with an onsite property manager available to address complaints. Mayor Hill said he has stayed at several of these rentals where there are licensing notices posted on the wall and asked if that would possible. The Interim City Attorney advised there were many municipalities grandfathered in prior to 2011; and some municipalities with the strong market had regulations in place. She did not know of anything prohibiting the development of registries. Mr. Dodd asked if the rentals are paying the appropriate taxes and if the City has a responsibility to identify these properties. Mr. McPartlan advised the County is already taking the taxes out for Airbnbs. Mr. lovino advised that Airbnb taxes are not the same as hotel taxes. The City Manager stated that is the inequity, hotels pay tourist development taxes. Mr. lovino asked if an Airbnb was considered a vacation unit if the homeowner is home. The Community Development Manager advised the LDC allows for up to four unrelated people to stay in a single family unit. She also said staff has received phone calls regarding applicable codes from individuals regarding properties for sale on the riverfront that will be vacation rentals. Staff considers the rentals to be hotel/motels requiring the necessary fire and parking requirements. Mr. Dodd said he would like to look to see if any code modifications are necessary to address this. Mayor Hill asked if the City could receive some of the taxes since the hotels pay. The Interim City Attorney said the sales and use tax applies to rentals for less than a year and the bed tax applies to shorter term stays. Mayor Hill said the fairness aspect needs to be looked at. The City Manager said the Planning and Zoning Commission had asked staff to look into this and the Community Development Director would update the Commission with Council's comments. The Interim City Attorney advised there are some municipalities that have enacted registries and staff could look into what other municipalities have done. Mr. lovino said he was aware of a Weston homeowner that paid an Airbnb tax that went to the City of Weston. 14. PUBLIC INPUT New information or requests to City Council not otherwise on the prepared agenda Bruce Zingman announced that Santa is starting on his way to Riverview Park and asked the Mayor to greet him at his house on December 2"d. He also said Santa would return to his house the following three Saturdays from 2 p.m. to 4 p.m. for the children. 0 Short-term rentals becoming a concern for some in Sebastian Page 1 of 2 Short-term rentals becoming a concern for some in Sebastian Janet Begley, Contributor for TCPalm Published 12:44 p.m. ET July 14, 2016 SEBASTIAN — Problems created by short-term rental housing — parking, noise and other issues — have been drawing the attention of Indian River County and Vero Beach. Now Sebastian officials are becoming concerned. City Council members, however, remain unsure whether they want to enact rules for short-term vacation rentals similar to those passed recently by the county. Instead, they likely will tweak existing laws for home -based businesses and noise. 'For a long time, I didn't see the need to address this,' Councilwoman Andrea Coy said at Wednesday's meeting. 'But we've been hearing from locals that this is becoming more and more of a problem.' Nancy Munoz is one of them. She said she lives near a home that is used exclusively as a vacation rental, and she wants some framework in place to insure safety and security of the neighborhood. 'People are buying these houses to run as hotels; Munoz told the council. 'I want them to be regulated. They should have to have a business license and be inspected. Right now, there is no way for me to know who I have living next door to me.' While Mayor Bob McPartlan said he understood Munoz's concerns, he felt more people are renting out a room to personally help make ends meet rather than to make a profit. Regulations shouldn't prohibit that from continuing, he said. 'It's a brand new economy that has popped up with Airbnb,' McPartlan said, referring to the worldwide online marketplace for listing and renting everything from single rooms to entire homes. 'There are always going to be people who go to the extreme, but it is still their property and it's their right to rent it out short-term,' Coy said renting out a room long-term to help pay the bills is different from using a home exclusively as a short-term vacation rental. 'I don't want to hurt the people who are renting out a room or someone who is renting out their home for a month,' Coy said. 'Ifs the people who rent for two and three days and create a nuisance. If there's no problem and nobody complains, we're silent. No harm, no foul' At the same time, though, Councilman Jim Hill said he thought it was a bad idea to impede everyone's rights because of some bad apples who rent homes and create a nuisance. 'If they're not following the rules of our community, code enforcement should get involved; Hill said. 'I just want to be careful that we don't over -regulate and place undue restrictions on people.' City Attorney Robert Ginsburg agreed to review existing laws regulation operation of businesses from homes, noise and other codes. It would be better to tweak those laws rather than enact new ones strictly for short-term rentals, he said. He called the existing problems 'a private nuisance.' What the City Council needs to consider, Ginsburg said,'is at what point does the situation become a public nuisance? Read or Share this story http://www.tcpaim.com/story/news/local/shaping-our-future/property-values/2016/07/14/shortterm-rentals-becoming-a- co n cern-fo r-so me -in -se ba stia n/89443848/ http://ux.tepalm.comistorylnews1locaUshaping-our-future/property-values/2016/071141shortterm-rentals... 11 /27/2017