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HomeMy WebLinkAbout02-15-2018 PZ Minutes1 6 3 El CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES FEBRUARY 15, 2018 — 6:00 P.M. Call to Order: Chairperson Kautenburg called the meeting to order at 6:00 Pledge of Alleqiance was recited by all. 04�- Present: Mr. Roth Mr. Mauti (a) Mr. Simmons (a) Mr. Qizilbash Ms. Kautenburg Mr. Hughan Mr. Reyes Mr. Alvarez Not Present: Mr. Carter — Excused Also Present: Mr. James Stokes, City Attorney Ms. Lisa Frazier, Community Development Director Ms. Dorri Bosworth, Planner Janet Graham, Technical Writer Announcements and/or Agenda Modifications 06 C, II C co W Ri I--> >5 .a 'C o N p CL CD N -2- ¢ 05 Ms. Kautenburg stated that Mr. Carter was excused and Mr. Simmons will be voting this evening. Ms. Kautenburg introduced and welcomed three new people at the meeting: a new alternate member, Mr. Mauti; Ms. Janet Graham the new Recording Secretary/Technical Writer; and Mr. James Stokes, the new City Attorney. Mr. Stokes invited the members of the Commission to contact him at any time with any questions or concerns. 5. ADDroval of Minutes A. Regular meeting of December 7, 2017. Ms. Kautenburg asked for any additions or corrections to the Minutes as presented, and Mr. Roth had a question about the word "Committee" on page two, the last paragraph, line four, and questioned whether the word should be Committee or Commission. Ms. PLANNING AND ZONING COMMISSION Page 2 MINUTES OF REGULAR MEETING OF FEBRUARY 15, 2018 Bosworth said she would double check the audio tape and, if it should be Commission, staff will correct it. A motion to accept the December 7, 2017 minutes as presented was made by Mr. Roth and seconded by Mr. Simmons and passed unanimously by voice vote, with the caveat that staff check on the one word referenced above on the second page. 6. Quasi -Judicial and Public Hearinas -- None. 7. Unfinished Business — None. 8. New Business A. Introduction and discussion with Mr. Kevin Crowder, Redevelopment Management Associates (RMA) — Consulting Services — Upcoming projects and working relationship with Community Development Department and City of Sebastian. Ms. Frazier described how the City made requests for qualifications for continuing service contracts with planning and landscape architecture firms in order to address the backlog that the City has had regarding updating the CRA master plan, the comprehensive plan, which will have to be completely updated sometime in 2018-19. Staff has decided they will need assistance with the storm water master plan that has been in place for some time. The City received eight responses from very qualified firms. The Selection Committee agreed on the top three, and City Council has approved contracts for those top three. One of those, RMA, is represented this evening. Their qualifications are outlined in the packet the Commission has received. A contract has yet to be signed, but Ms. Frazier stated she is confident that will be completed. Staff has asked them to first update the CRA master plan. She stated that since there has been concern voiced regarding the small lots along the east side of Riverside Drive, she brought that to RMA's attention, and that is something they will address within the CRA master plan. She then introduced Mr. Kevin Crowder with RMA. Mr. Crowder reiterated what Ms. Frazier had said regarding the execution of the contract being very close to being done. He described that his firm does work in urban areas as well as very rural areas. They do economic development, have urban PLANNING AND ZONING COMMISSION Page 3 MINUTES OF REGULAR MEETING OF FEBRUARY 15, 2018 architects and designers on staff. He stated they are focused on economic revitalization —how to build and increase wealth within a community, how to increase the tax base to improve quality of life, and do it within the context of the community's character. He cited a study that was done by the Knight Foundation that found that the thing that connected most people to a community was the aesthetics --how the community looks and feels and how open and welcoming the community is. Their firm is going to recommend a plan that is implementable and will maintain the authenticity and character of the community. Ms. Kautenburg stated she was particularly impressed with their idea of implementing new function to old places and still maintaining the community atmosphere. Mr. Roth asked in regards to the LPA and the CRA, what part of those projects is RMA going to be helping with. Ms. Frazier replied that this concerns the CRA master plan, just the CRA area of the City, which is the riverfront. They will be looking at the sunset goals of the CRA. The City has 15 years in which to achieve some of the goals that were set out in 2003 and in 2010 and to decide whether those goals are still applicable or whether there need to be new goals set. The City will have the opportunity to extend the CRA again if desirable. She stated there are other projects that RMA will be assisting with, but for now the CRA master plan is the project on which her department wants to get started. Ms. Bosworth also added that some of the planning for the lots along the River needs to wait until there is an updated master plan in place. Mr. Crowder stated that his firm will go back and look at those existing projects and study them within the comprehensive plan and the land development regulations, and as they get to the end of the master plan process in doing the CRA plan, one of the requirements of state law is a finding that the plan is consistent with the comprehensive plan, which will come back to the Commission as the LPA. They will demonstrate amendments that may need to be considered to accomplish some of the projects that have been identified. Mr. Roth then inquired if the old fishing village concept is something that will be considered, which is something the Commission is very interested in having included in the plan. Mr. Crowder stated yes, and that his firm gives guidance to the City when designing the plan. Mr. Alvarez stated he is very happy that the City is moving forward on this. Mr. Reyes asked Mr. Crowder to identify some of the cities that RMA has worked on PLANNING AND ZONING COMMISSION Page 4 MINUTES OF REGULAR MEETING OF FEBRUARY 15, 2018 and did those cities adopt RMA's plan. Mr. Crowder then described some cities that have adopted RMA's standards. Mr. Reyes then asked what RMA's experience has been regarding storm water master plans. Mr. Crowder described that the experience in storm water comes from their Urban Design and Planning Department who study code compliance and regulatory structure of the community, who then identify the infrastructure needs Mr. Roth stated that he is very interested in developing Indian River Drive with walker - friendly areas. He asked if RMA has experience with connecting different areas in order to have more continuous areas for walkers. Mr. Crowder replied that his firm has much experience with this idea. RMA considers those programs very important, and he opined that Sebastian has some great areas already, and extending those will be very important. He cited some areas of Florida where their firm has worked on connecting trails, which has become an important part of economic development in communities. Mr. Reyes commented that he would like RMA to consider the importance of blue ways as well as green ways, so as to utilize the river even more. Mr. Crowder said that they would keep that in mind. B. Report regarding staffs participation in the American Planning Association Florida Chapter — Tiny Houses & More Mobile Tour, Tallahassee, Florida — The Dwellings and Braemore Park subdivisions. Ms. Frazier reported that she recently attended the American Planning Association Florida Chapter workshop in Tallahassee. She described the topics that were discussed. She stated that she attended a mobile tour of tiny houses, and this is something that this Commission had expressed interest in possibly for the small lots located in the riverside CRA. She described the community where they toured in Tallahassee. She then made a Power Point presentation with photographs of the community called The Dwellings which is run by a nonprofit organization. Ms. Frazier stated that this may be something to consider as an alternative housing element for the City. Mr. Roth was very impressed with the information on the presentation. Mr. Simmons asked about the funding for the community in Tallahassee. Ms. Frazier stated it was mostly private funding. Mr. Alvarez stated he didn't see it as viable on Sebastian's waterfront. Ms. Kautenburg stated there are possibly some tracts of land in the City that PLANNING AND ZONING COMMISSION Page 5 MINUTES OF REGULAR MEETING OF FEBRUARY 15, 2018 would be appropriate. She sees it as a viable option for first-time homeowners, people who are older and cannot maintain a large property but still desire the autonomy of not living in an apartment, and also the affordability factor, as there is an absence of affordable housing in the City. Ms. Bosworth stated that Sebastian's PUDR zoning district would allow for this kind of housing. She opined that the City would probably not have to change anything in the Code to accommodate a subdivision like this. The members discussed the idea of having these_ units along the waterfront, and Ms. Bosworth indicated that that would probably necessitate some land development code amendments. Ms. Kautenburg stated she planned on visiting the site in Tallahassee. 9. Public Input: Richard Rosen, 965 Streamlet Avenue stated he is somewhat familiar with the concept of tiny houses, and he thinks it would be a very good diversification of the housing in Sebastian. 10. Commission Matters -- Election of Chairperson and Vice Chairperson. Mr. Simmons questioned whether he is eligible for either of these positions. Mr. Stokes explained that only regular members are eligible since, as an alternate member, he would only serve if needed. Ms. Kautenburg asked for nominations for Chairperson. A motion to nominate Ms. Kautenburg as Chairperson was made by Mr. Reyes, seconded by Mr. Qizilbash. There being no other nominations for Chairperson, Ms. Kautenburg was elected unanimously by voice vote. Ms. Kautenburg then asked for nominations for Vice Chairperson. A motion to nominate Mr. Roth as Vice Chairperson was made by Mr. Alvarez, seconded by Mr. Reyes. There being no other nominations for Vice Chairperson, Mr. Roth was elected unanimously by voice vote. As a point of clarification, Ms. Bosworth stated that City Council changed the regulations regarding term limits for the Planning and Zoning Commission, and there are no longer limits as to how long members can serve as Commission members. Mr. Roth brought up the subject of All Aboard Florida going through our community at PLANNING AND ZONING COMMISSION Page 6 MINUTES OF REGULAR MEETING OF FEBRUARY 15, 2018 super -fast speeds, that many of the small communities along the route don't have the money to put into safely improving the railroad crossings, and he hopes that those residents who live close to the tracks don't suffer because of this. Mr. Reyes questioned the work being done at the Easy Street Lake Park. Ms. Bosworth stated that there was a nearby artesian well there, and a pipe had cracked and had to be capped. Mr. Reyes also mentioned the pothole at Oak and Lake that was filled in a year ago has again reappeared 11. City Attornev Matters -- None. 12. Staff Matters -- Update on Short -Term and Vacation Rentals. Ms. Frazier provided a Power Point presentation. She reviewed that in November 2017 staff had provided the Commission with a short-term vacation rental brief. She reviewed that brief and the definitions of a short-term rental and emphasized that the legislation is referring to any residential unit --any single-family home --not necessarily a commercial building in a commercial area. The law currently allows local governments to adopt ordinances specific to these rentals and life safety issues. Staff met with Mr. Eseltine of the Building Department and had him look at the fire codes and the building codes in relation to short-term vacation rentals. Mr. Eseltine's findings are summarized in this presentation. Staff also looked into what other local governments are doing in this regard, and they found that Indian River County has the most comprehensive action in this area. She reviewed the Indian River County plan. She stated that a lot of local governments have hired a software company called Host Compliance, who looks at all vacation rental websites and can locate them geographically, and Sebastian would have to amend their codes to include vacation rentals. She stated that there is now a Senate Bill 1400, which is being opposed by the League of Cities because it removes the local government's ability to regulate even the life safety requirements. So, since legislature is still in session, staffs ability to know what legislation is going to be passed prevents much being done at this point. Mr. Stokes agreed with Ms. Frazier's presentation. He stated that over the last several years there has been an attack on home rule, power for local governments to control issues. The League of Cities is maintaining vigilance on this question, and the City will be updated as time goes on. PLANNING AND ZONING COMMISSION Page 7 MINUTES OF REGULAR MEETING OF FEBRUARY 15, 2018 Ms. Bosworth advised that she would send the Commission both Power Points for their perusal. Mr. Alvarez gave an example of what is happening in his neighborhood because of a vacation rental property on his street. Ms. Bosworth asked if the public had any further input on this matter. Mike Stern, 966 Streamlet Avenue, stated that the house next to him has been recently purchased, and it is now being used as a two-day vacation rental which results in too much traffic in the neighborhood. They even have a property manager. Ms. Kautenburg inquired whether there have been issues with noise or maintenance. Mr. Stern mentioned cars being parked all along the street for a party. Ms. Kautenburg said if there are issues like that, he should file a report with the Police Department. Mr. Stern inquired whether the City is addressing this issue, and Ms. Kautenburg explained that, according to the State of Florida, if we didn't have anything in our code regarding this issue previously, we can't put anything in now. Richard Rosen, 965 Streamlet Avenue, stated that Mr. Stern voiced many of the same concerns that he has. He described how recently there were 12 to 14 people in the house and six or seven cars parked along the swale in front of not just that house but also another house. In another instance, someone had parked on the street instead of in the swale. He also stated that if there is a committee on this subject, he would be glad to volunteer. Mr. Stern quoted the definition of a hotel as being a commercial establishment and asked since these vacation rentals have property managers, they are thus businesses. Ms. Frazier stated she would look into the matter in order to more clearly define the difference between a hotel and a vacation rental as a business. Ms. Kautenburg encouraged the public to contact their legislators about this subject. Mr. Mauti asked about whether this home was remodeled. Mr. Stern replied that it was freshened up, but there was no heavy remodeling. Mr. Rosen asked if there is any way he could make a record with the Police Department without having the police actually get involved. Ms. Kautenburg replied that Code Enforcement is under the Police Department, and every complaint is recorded. PLANNING AND ZONING COMMISSION Page 8 MINUTES OF REGULAR MEETING OF FEBRUARY 15, 2018 Mr. Qizilbash commented that we have code enforcement for vacant lots, but we don't have anything for residences. Ms. Bosworth stated our hands are tied because of the state legislature. Mr. Simmons asked Ms. Bosworth what the status is on the rooftop equipment at the Wendy's restaurant. Ms. Bosworth stated that there was a waiver issued, which stated that the owner had until December 31, 2017 to determine if he was going to remodel the Sebastian store and, if not, that the rooftop equipment had to be hidden. The owner recently acknowledged that he was not going to remodel the Sebastian store, and discussed with staff a proposal to paint the equipment to match the parapet roof. A brief discussion ensued, and the commissioners agreed they do not want the equipment painted, but properly screened. She stated staff has also been working with the Taco Bell/KFC on updating their store. She stated staff is reviewing the formal submittal for the RV resort. The Dollar General is waiting for their building permits to be issued. Mr. Roth complimented the Planning staff on the great job they do. The question was raised about grants. Ms. Frazier stated she and Ms. Hernandez have extensive experience in writing grants, and they will be applying for several in the near future. 13. Adjourn Ms. Kautenburg called for any further business. Hearing none, she adjourned the meeting at 7:22 p.m. A 14N REnITA1 S VACAT ENT pEPARWENT, NOVEMBER 2017 DEVEI OPM t all regulation of public COMMUNITY 7 to preempt RENTAL BRIEF - aragraph ( ) VACATION REN adding P SHORT TERM 032, Florida Statutes, the Legislature amended section me vacation rentals• time, short-term s at a In 1g93, and public food service establishments to the staulating earfor less than 30 day lodging the Florida Legislature prohibited cities from re able to be used as a that is rented more than three times n Y �s elig d In 2011, define as a property Impose restrictions A short-term vacation rental is del 4_20.M), Florida provisions Statutes, There are no statutory erated in section 509.2 p of units, a vacation rental. or house as enum group ent and, hence' prohibit vacation rentals or Any residential unit, g establishm as vacation rentals. elation may not p 0 ublic lodging er- eligible housing ordinance, or reg transient P ,A local law, against owners from ra h (7)(b), location)• ended parag P thattheY can address some ° the 4, the Legislature amended of vacation rentals (zoning In 201 ordinances specific to these rentals so regulate the duration or f ents to adoptneighborhoods' curressuesl10VUS local d by thel govern oliferation in residential U The law their p life -safety include, p Life safety and building codes may e of Vehicles; t residence; Parking or Storag Prohibition of Commercil Events at Noise and Vibration; limit; Fire Safety OccuPancy Local Management/0Wner Contact; istratI I with state Proof of Reg/CODUlations. Vacation rental local licerise and re �' to Budget' de Enforcement; / License. e istration y Increased Bwlding Inspection; With R g Increased nistration Costs associated r Increased Admi Florida Building Code: ❑ A single family residence occupancy type is R-3. ❑ A change of occupancy to another occupancy type could trigger a sprinkler requirement. ❑ An R-3 occupancy allows Boarding Houses (Transient) which is a building arranged for lodging for compensation for not more than 30 days with a maximum of 10 or fewer persons. FBC 310.5 ❑ IRC Health Dept. allows 2 persons per bedroom plus 2, for houses on sewer or septic. ❑ Smoke alarms — if required by Fire Code — are required in all sleeping rooms and in immediate vicinity outside of sleeping rooms. Alarms are required to be interconnected or have the 10 year battery type. R314.3.1 Florida Fire Prevention Code: ❑ Definition of One and Two Family Dwelling: includes buildings containing not more than two dwelling units in which each dwelling unit is occupied by members of a single family with not more than three outsiders, if any, accommodated in rental rooms. NFPA -1 ❑ Definition of Lodging and Rooming Houses: Buildings that do not qualify as one and two family dwelling with sleeping accommodations for a total of 16 or fewer on a transient or permanent basis w/o personal care and w/o separate cooking facilities. NFPA —1 ❑ Rental units, where not occupied by a single family, would fall under the following requirements for Lodging and Rooming Houses. Smoke alarms required in every sleeping room and outside of sleeping room within 10 feet. Interconnected or 10 year battery type. NFPA 10126.3.4.5.1 Smoke alarm with visible alarm for the hearing impaired when greater than 5 bedrooms. NFPA 10126.3.4.3.1 Carbon Monoxide Alarms required when there is an attached garage and/or fossil fuel burning appliance. Combo smoke and cm are permissible. NFPA 101 26-3.4.6 ➢ Path of egress shall be clearly visible. IRC Fire is requiring a hard wired emergency lighting at main entrance. NFPA 101 4.5.3.3 ➢ Fire extinguisher. IRC Fire is requiring one in kitchen area. Fire Extinguisher to be Class 2-A 10 BC 5 Ibs min. with a current certification tag from a fire extinguisher certification company. NFPA-1 Indian River County — Vacation Rentals Vacation Rental License ❑ Vacation rental license application ($250 for three years) ❑ State license from the Florida Department of Business and Professional Regulation (DBPR) ❑ Local Business Tax Receipt (LBTR) from the Tax Collector of Indian River County ❑ Register with the Clerk of the Court for tourist development tax ❑ Vacation Rental License Site Inspection Checklist ❑ Rental Unit Manager contact information Compliance with Vacation Rental Special Parking Regulations 91 L15(4)(b) Compliance with Commercial Event at Residence Prohibition 911.15(8) Compliance with County Vacation Rental Ordinance (Ord. No. 2016-006) Compliance with County Noise Regulations Chapter974 ❑ Complaints about vacation rental violations [may remain anonymous] through IRC Code Enforcement Office ❑ Report of public disturbance/nuisance through the Sheriff's Office ❑ State Guide to Vacation Rentals ❑ Hired "Host Compliance" a Software company that scans the short-term rental industry websites and utilizes their own software to find address at a cost of approximately $10,000 per year. ❑ County has seen a marked reduction in Code Enforcement complaints but continues to identify non- registered rentals through Host Compliance. ❑ VR listings were at approximately 350 rentals; currently about 80— 90 rentals. ❑ Currently 60 VR licensed in County. City of Sebastian Current Codes NOISE A. It shall be unlawful and a violation of this section for any person to make, continue, or cause to be made or continued any unreasonably loud, excessive, unnecessary, or unusual noise. B. A violation of this chapter shall occur if circumstances are such that a violation would be obvious to an ordinary, reasonable, prudent person. C. The following acts, among others, are declared to be unreasonably loud, excessive, unnecessary or unusual noises in violation of this chapter but this enumeration shall not be deemed to be exclusive, namely: (1) Power tools and landscape equipment. The operation of noise -producing lawn mowers, lawn edger's, weed trimmers, blowers, chippers, chain saws, power tools and other noise producing tools which are used at a residence out-of-doors between 9:00 p.m. and 7:00 a.m. (2) Animals, birds, etc. The owning, harboring, possessing or keeping of any dog, animal or bird which causes frequent, habitual or continued noise and which disturbs the peace, quiet and comfort of neighboring residents. (3) Radios, televisions, CD players, musical instruments, speakers, loudspeakers, amplifiers, and similar devices. The using, operating, or permitting to be played, used or operated any radio, television, CD player, musical instrument, speakers, loudspeakers, amplifiers or other machine or device for the producing, reproducing or amplifying sound in such manner as to disturb the peace, quiet and comfort of neighbors. RESIDENTIAL PARKING Residential, single-family Residential, duplex. Residential, multifamily. Residential, mobile home. Residential, commercial resort. Two spaces for each single-family dwelling. Two spaces for each dwelling unit. Two spaces for each dwelling unit. Two spaces for each single-family dwelling. One space per unit. Residential, mobile home parks or courts. Two spaces per unit; one must be at lot site. State Legislative Art inn Session Ends March 9, 2018 =lorida Vacation Rental Act (Oppose - Preemption) .nda Vacation Rental Act (Oppose— Preemption) CS'CSfSB 1400 (Steuce), titled the Florida Vacation Rental Act preempts an regulation of vacation rentals to the state The bill. • Creates a section preempting all licensing of vacation rentals to the state • Requires a state license application to contain the operator's emergency contact number • Allows a temporary stale license to be Issued and allows vacation rental to begin use 'o tole the application Is pending l cows the Division of Hotels and Restaurants to fine suspend Or revoke the license Of any vacation rental when the advertisement for the vacation rental does not display the vacation ^lal license number ?gulates multiple unit vacation rentals When five or more vacation rentals in multifamily dwellings are under common ownership and are rented out more than 180 days per year n rental Is subject 10 additional requirementsincluding biannual Inspections efines a vacation rental as any unit In a condominium or cooperative or any individually or collectively owned single-family two-famly, three-family or four -family house or dwelling a' that Is rented to guests for periods of less than 30 days but that Is not a timeshare project --:,-quires the division to make the vacation rental license information available to the public. and allows local governments to use this license Information for informational purposes randfathers local ordinances adopted on or before June 1. 2011 and allows grandfathered cities to amend as lonq as they are less restrictive • Sets maximum occupancy limits for vacation rentals. ICookl Vacation Rentals (Oppose - Preemption) Vacation Rentals (Oppose — Preemption) HB 773 (La Rosa) prohibits cities from establishing Ordinances specific to short-term vacation rentals Instead, the law would require that all residential properties be treated the same. regardless of whether the property is being used as a rental or not. The bill would allow titles with vacation rental ordinances In place prior to June 1. 2011 to amend their ordinance, as long as the amenaa,ent make '.he regulation ,r ;a. anon rental =ss restrictive (Cook)