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AGENDA
F!"LANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY
THURSDAY, JUNE 21, 2018 - 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.
S. APPROVAL OF MINUTES Regular meeting of May 3, 2018
6. QUASI-JUDICIAL and PUBLIC HEARINGS
0 Chairman opens hearing, attorney reads ordinance or resolution or title
0 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. Quasi -Judicial' Public Hearing — Conditional Use Permits — New Model Homes —
843 and 855 Roseland Road — Lots 2, 3, & 4, Block 141, Sebastian Highlands Unit 3
— Maronda Homes, Inc.
B. Public Hearing — Recommendation to City Council — Land Development Code
Amendment — Ordinance 0-18-08 — Amending Article VII, General Regulations,
to Establish Requirements for Short -Term Vacation Rentals and Amending
Article XXII Relating to Definitions
7. UNFINISHED BUSINESS None
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 None
1d. COMMISSIONERS MATTERS
11. CITY ATTORNEY MATTERS: Sunshine Law
12, STAFF MATTERS
13. ADJOURN
HEARING ASSISTANCE" HEADPHONES AREA VAILABLE IN THE COUNCIL CHAMBERS FOR ALL
GOVERNMENT MEETINGS.
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 RECORDINCLUDES 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.
All government meetings in City Council Chambers will be broadcast live on COS -TV Comcast Channel 25
and ATT UVerse Channel 99 and streamed via the city website — www.citvofsebastian,orcl unless otherwise
noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule
CITY OF SEBASTIAN
PLANNING AND ZONING COMMISSION
MINUTES
MAY 3, 2018
1. Call to Order — Chairperson Kautenburg called the meeting to order at 6:00 p.m.
2�. Fledge of Allegiance was recited by all.
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0
3. Roll Call
11
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Present: Mr. Roth Mr. Mauti (a)
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Mr. Simmons (a) Mr. Qizilbash
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Ms. Kautenburg Mr,Hughan
Mr. Carter
011, E
Mr. Alvarez
C
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Mr. Reyes
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Also Present: Mr. James Stokes, City Attorney
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Ms. Lisa Frazier, Community Development Direct
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Ms. Dorri Bosworth, Planner
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Ms. Janet Graham, Technical Writer
Ms. Dale Simchick, Indian River County School Board, was not present.
4. Announcements and/or Agenda Modifications
Ms. Kaultenburg proposed an agenda modification to move Item No. 9A, New Business,
forward to make it Item A under Section 6, Quasi -Judicial and Public Hearings. No
objections were voiced.
5. Approval of Minutes
Regular Meeting of April 19, 2018
Ms. Kautenburg asked for any additions or corrections to the Minutes as presented. Mr.
Roth suggested three corrections as follows: (1) On Page 6, in the second line of the
last paragraph the word "'urgent" be inserted to read, "Since there were urgent time
constraints..."; (2) Page 7, fourth paragraph, he would like to add the sentence, "Many
early railroad depots in Florida were painted yellow.", and (3) Page 10, last paragraph,
after the first sentence, adding, "Does the two-lane road end where the new entrance is
planned?" Ms. Kautenburg asked for any additional changes or corrections. Hearing
PLANNING AND ZONING COMMISSION PAGE 2
MINUTES OF REGULAR MEETING OF MAY 3, 2018
none, she asked for a motion to accept the Minutes with the above changes. A motion
to accept the Minutes with the above changes was made by Mr. Carter, seconded by
Mr. Hughan, and approved unanimously by voice vote.
6. Quasi -Judicial and Public Hearings
.A. Accessory Structure Review — LDC Section 54-2-7.5 — 480 Concha
Drive — 988 SF Detached Garage — M/M Joseph Harrison
Brian Flores, contractor for the project, described the proposed project, which will be a
detached garage with a parking space on the adjacent lot, said lot having been
previously purchased by the homeowner.
Ms. Kautenburg asked members of the Commission if anyone had had any ex parte
communications on this project. Members indicated no.
M'r. Roth had a question regarding the driveways and whether they had been reviewed
by the City Engineer. Ms. Bosworth stated they will be reviewed by the City Engineer
and a decision will be made before the permit is issued. She explained that the item for
consideration of the Commission is the structure itself, the landscaping, and the use of
the property.
Mr. Mauti asked if the proposed bathroom will tie into the existing septic, Mr. Flores
answered yes, Mr. Mauti also asked if the power will tie into the existing home., Mr.
Flores answered yes.
Mr. Hughan asked if this would be a two-story structure. Mr. Flores explained that it is
not a two-story structure, the steps shown lead up to a deck.
Mr. Qizilbash questioned regarding the septic system, whether the Health Department
had been contacted, as the drain field may have to be increased. Mr. Flores stated if
the addition does not contain a bedroom, he would not need approval from the Health
Department, Mr. Qizilbash pointed out the stairs are not shown on the floor plan. Mlr.
Flores stated he can have them added to the floor plan.
Mr. Reyes questioned the peak height on the roof and what is the peak elevation
compared to the existing structure. Mr. Flores stated the roof will be six inches lower
PLANNING AND ZONING COMMISSION PAGE 3
MINUTES OF REGULAR MEETING OF MAY 3,2018
than the existing structure. He also resubmitted a plan to lower the slab another six
inches, so the new structure would be about 12 inches lower than the existing structure.
Mr. Reyes asked about the remaining trees on the property, and Mr. Flores said they
plan to remove all the trees from the lot. He will acquire a permit to remove the oak tree
and will eventually have to mitigate that by planting two oaks. Mr. Reyes asked about
the capacity of the present septic system, and Mr. Flores explained that, unless there is
another bedroom added, there does not have to be an increase in the capacity of the
septic system. Mr. Reyes would like to see a landscape plan, Mr. Flores stated he
would submit a landscape plan. Ms. Bosworth stated they will be required to have 34
hedge plants around the building, and staff will confirm that the hedges and 15 trees are
in place before the CO is issued. Mr. Reyes inquired whether the headwall in the rear
of the lot is continuous across both lots. Mr. Flores stated yes.
Ms. Kautenburg inquired if this project is in an area where there is question as to the
stability of the seawalls. Ms. Bosworth stated any structural stability on the lot will be
considered by the Building Department. Ms. Kautenburg stated she is uncomfortable
with the bathroom in the garage and all the access doors making, it appear as an
additional living space. Ms. Bosworth stated they were required to label the use of each
area so it is clarified for any future owner as to the intended uses for the structure.
Mr. Roth stated from the drawings the roof looks higher than the roof on the existing
structure. Mr. Flores assured the Commission that the engineers were out and studied
it, and the new structure will be 12 inches lower than the existing roof.
Hearing no further questions or comments from the Commission, Ms. Kautenburg asked
for a motion, A motion to approve the Accessory Structure Review at 480 Concha Drive
with an attached garage with the conditions that there be submitted a landscape plan
showing proper foundation plantings, hedge plants and trees to be compliant with City
code was made by Mr. Carter and seconded by Mr. Alvarez. Ms. Bosworth asked the
Commission to allow staff to verify landscaping compliance at the final inspection as to
not hold up issuance of the building permit.
Mr. Carter amended the motion to exclude that condition. Mr. Alvarez agreed. Motion
passed unanimously by voice vote.
B. Public Hearing — Recommendation to City Council — Large Scale
Comprehensive Plan Future Land Use Amendment — Graves Brothers Company,
PLANNING AND ZONING COMMISSION PAGE 4
MINUTES OF REGULAR MEETING OF MAY 3, 2018
Applicant — Section 25, Township 31 South, Range 38 East — Subject Parcel being
75 Acres, More or Less, Located On CR 510 — Request is for CG (General
Commercial) Land Use
Mr. Stokes read the item into the record.
Joseph Schulke of Schulke, Bittle & Stoddard, Vero Beach, represents Graves Brothers
concerning this project. He described the property as being on the north side of CR 510
and abuts the City limits in the Laconia area south of the south prong of the Sebastian
River/Creek and east of the Lateral C Canal. The property is 66 acres. He described
the history of how the County recommended properties that could be annexed to the
City, this being one. He stated the City's comprehensive plan indicates the City is in
need of commercial, industrial, and multi -family property and needs to add that to their
plan. He described this property is at a proposed intersection where there will be a lot
of traffic. Inter -County and FDOT are planning to extend 82nd Avenue from its current
termination point all the way to CR 510, and that will be the new truck route. The CG
designation in Sebastian does support commercial, light industrial, and multi -family
development.
Ms. Kautenburg asked for questions/comments from the Commission,
Mr. Carter asked about the projected time line of this project. Mr. Schulke opined that it
will be concurrent with the 82 rd Avenue and 510 improvement plan, which will probably
occur in 2021-22.
Mr. Qizilbash asked who owns the property north of this property. Mr. Schulke identified
the property north of the eastern portion of this property as being owned by the City and
the Sebastian River Improvement District. Ms. Frazier stated everything south of the
Elkham Canal is in the County.
Mr. Mauti asked Mr. Schulke to estimate how many residential or multi -family units
would be developed if commercial development was not pursued. Mr. Schulke stated
the developer does not have a plan in place at this point, but it could be 100-200 units
plus the commercial component.
Mr. Roth asked where 82 nd Avenue will be in relation to this property. Mr. Schulke
stated it will be on the east side of the canal and the west side of this property. Mr. Roth
PLANNING AND ZONING COMMISSION PAGE 5
MINUTES OF REGULAR MEETING OF MAY 3,2018
asked the staff when 82 d Avenue is extended, who will finance, that. Ms. Frazier
explained that the DOT is bringing 82nd Avenue just to 510 at this point, and there are
no plans to extend 82nd Avenue north to the River.
Mr. Reyes questioned if the DOT proposed improvement is for a truck route. Mr.
Schulke stated it is a designated truck route to go from 512 to 510 to 82nd Avenue to
State Road 60, Mr. Reyes is concerned with the impact on the wetlands and the
increase in truck traffic entering the City.
Mr. Alvarez shares Mr. Reyes' concerns and is concerned about the future of Laconia.
Ms. Kautenburg thinks this project would be a good addition to the City.
Ms. Kautenburg asked for public input in favor of the project.
Ben Hocker, Sebastian, asked if the Commercial General designation would allow
apartment complexes. Ms. Frazier explained that it could become a mixed -use
development with commercial and high -density residential.
Ms. Kautenburg asked for public input opposed to the project,
Nikki Grant, Laconia Street, Sebastian. Her concern is that the applicant could not give
many specifics for the plan, and she thinks it is premature to approve the project and is
concerned that, if the property becomes commercial, it is going to cause a larger
drainage demand on the area. She also objects to a truck route going through the
Highlands.
There being no further public input, Ms. Kautenburg asked the staff for their input.
Ms. Frazier reviewed the staff report and the considerations to be made by the
Commission in determining a change in future land use, including the fact that future
commercial development projections are low in Sebastian compared to other areas in
the State. She also stated there are no future plans for Laconia as being part of a truck
route. Staff thus recommends a favorable recommendation to approve, the requested
land use change.
Ms. Kautenburg called for deliberation/questions by the Commission.
PLANNING AND ZONING COMMISSION PAGE 6
MINUTES OF REGULAR MEETING OF MAY 3,2018
Mr. Roth questioned how the land use can be changed if the property is not in the City,
Ms, Frazier explained that the Commission is only recommending change in land use,
and it will be up to City Council to determine if this property should be annexed by the
City.
Mr. Reyes raised the question of how annexations come to the City. Ms. Frazier
explained that requests for annexation are made to the City by others.
There being no further discussion, Ms. Kautenburg called for a motion. A motion was
made by Mr. Carter, seconded by Mr. Roth that the Planning and Zoning Commission
forward a favorable recommendation to City Council to approve the requested land -use
change to General Commercial by the applicant, Graves Brothers Company, for Section
25, Township 31 South, Range 38 East- of approximately 75 acres.
Ms. Kautenburg called for a roll call.
ROLL CALL: Mr. Reyes -- No
Mr. Roth -- Yes
Mr. Alvarez -- No
Mr. Qizilbash -- Yes
Total vote was 5-2 in favor. Motion carries.
Mr. Hughan -- Yes
Mr. Carter -- Yes
Ms. Kautenburg -- Yes
Ms. Kautenburg stated that the public hearing was closed.
C. Quasi -Judicial Public Hearing — Site Plan Modification — Sunshine
Early Learning Center — 2,150 SF Building Addition — 1001 Roseland Road — RS-
10 (Single Family Residential) Zoning District
Mr. Stokes read the item into the record and swore in anyone who will be speaking on
this project.
Mr. Qizilbash stated he recused himself from voting on this item and signed the recusal
8-6 form.
Ms. Kautenburg asked members of the Commission if anyone had any ex parte com-
munications on this project. Members indicated no. Ms. Kautenburg asked for the
PLANNING AND ZONING COMMISSION PAGE 7
MINUTES OF REGULAR MEETING OF MAY 3,2018
applicant to speak on the project.
Mr. Tahir Qizilbash, Engineer for the project, described where the property is located.
The proposal is for an additional structure of 2,150 square feet and improving the
parking lot to a total of 25 spaces with a concrete surface. The existing septic system
will be abandoned in favor of connecting to the County main system. The existing
retention area will be addressed, and there will be a curb around the retention area and
the parking area. Traffic flow will remain the same as well as signage. Landscaping will
be adding canopy trees along Roseland Road, bushes along Fulton Street and Riviera
Avenue and understory bushes.
Ms. Bosworth reviewed that this is an existing site which abuts three streets, and most
of the site issues were grandfathered in. There will be new fencing around the building.
The applicant has met the conditional -use criteria. The additions will not require a
change in the state license. She stated the consulting engineer had three comments if
the application is approved, and staff has added them as conditions. Mr. Qizilbash
stated he would comply with those conditions. Ms. Bosworth asked that if the State
licensing capacity changes, the City be notified, and staff will revisit parking
calculations.
Ms. Kautenburg asked for questions/comments from the Commission.
Mr. Reyes asked if there were any green elements in the design. Mr. Qizilbash stated
no, the parking lot will be concrete.
Mr. Roth asked about the increased traffic trips generating a new traffic study. Ms.
Bosworth stated presently projected trips are 80; if there are projected to be over 100
trips daily, that would require a new traffic study.
Ms. Kautenburg asked for public input in favor of the project.
Robert Brodie, architect for the project, stated the project functions well.
Mr. Reyes suggested the possibility of gathering rain water on site, as this is a learning
center for the children.
Mr. Mauti asked if the playground is ADA approved. Mr. Brodie stated there were some
PLANNING AND ZONING COMMISSION PAGE 8
MINUTES OF REGULAR MEETING OF MAY 3,2018
concrete, surfaces added, and the threshold from inside the building to the sidewalk
around the building is ADA approved. Mr. Qizilbash stated the playground meets the
requirements for children, and there are no ADA requirements for the playground area
itself. Mr. Mauti is concerned about the safety of children being around the retention
ponds. Mr. Qizilbash stated the children will not be near the retention ponds. He stated
state requirements are for a fence around any retention ponds three feet and above;
these ponds are two feet deep,
Mr. Roth is concerned that there is not an emergency exit between the two buildings
past the fence to the front. Mr. Brodie stated there are two emergency exits, one on the
very north of the new building and one on the south of the existing building. Mr. Brodie
explained the emergency plan in place for the site.
Mr. Alvarez asked what the current enrollment is. Mr. Qizilbash stated enrollment is
presently 50,
Mr. Reyes asked if there is a plan to continue the four -foot fence over to the building,
Mr. Qizilbash stated no.
Ms. Kautenburg asked for public input from anyone opposed to the project.
Steven Steinacher, 850 Riviera, Sebastian, asked what is the maximum enrollment
permitted with the current state certification. His concern is for the noise generated by
the children, and a concern about the additional traffic on Riviera. He asked if there will
be a new fence and suggested more landscaping along Riviera. Mr. Qizilbash stated
there would be more trees and bushes in that area, they will be adding trees and
understory bushes, and the shed will be inside the fence. He stated present enrollment
is 50, and the license is for 70,
Ms. Bosworth addressed the landscaping plan, including palm trees and three-foot
viburnum i hedges and suggested a condition could be imposed to allow the hedges to
grow even taller so as to create additional noise buffering.
Ms. Kautenburg asked for questions or comments from the Commission.
Mr. Mauti suggested conditioning approval on the viburnum hedges being kept at a
certain height to provide additional buffering.
PLANNING AND ZONING COMMISSION PAGE 9
MINUTES OF REGULAR MEETING OF MAY 3,2018
Mr. Roth questioned whether the higher hedges would cause a site problem for
vehicular traffic, and Ms. Bosworth stated staff would look into that.
Hearing no further public input, Ms. Kautenburg called for a motion. Motion was made
by Mr. Carter, seconded by Mr. Alvarez to approve the Sunshine Early Learning Center
site plan modification for a 2,150-square-foot building addition with the following
conditions: If the state licensure changes in the future with regard to capacity, the site
plan will be revisited in the future regarding parking requirements and conditional use
criteria. Mr. Alvarez stated that other conditions suggested by the Consulting Engineer
be a condition for approval, being: (1) Provide inverts for the proposed 12-inch ADS
pipe connecting the two retention areas; (2) Provide a section detail' of the grass parking
area; and (3) Place a "One -Way Only" sign along the driveway leaving the parking lot
heading north. Ms. Bosworth stated another condition is the five-foot Type A landscape
buffer along Riviera Street.
Ms. Kautenburg called for a roll call,
ROLL CALL: Ms. Kautenburg — Yes Mr. Roth -- Yes
Mr. Hughan -- Yes Mr. Reyes --Yes
Mr. Carter -- Yes Mr. Alvarez -- Yes
Total vote was 6-0 in favor. Motion carries.
7. Unfinished Business — None.
8. Publ'ic I ngut —
Ben Hocker, Sebastian, addressed the accessory structure review at 480 Concha Drive
and asked if the title to the two properties had been merged'. Ms. Kautenburg stated
yes.
9. Commission Matters
Mr. Carter made a motion, seconded by Mr. Roth, that the Commission make a
proclamation recognizing Mr. Griffin, who will be retiring, for his public service to the
community. Motion passed unanimously by voice vote.
PLANNING AND ZONING COMMISSION PAGE 10
MINUTES OF REGULAR MEETING OF MAY 3,2018
10, Citv Attornev Matters — None,
11. Staff Matters,
Ms. Frazier announced that two commissioners have already signed up for the Growth
Management Workshop to be held on June 7th in City Hall, and the Atlantic Coast
section of the APA will pay for the Commission's participation.
12. Adiourn
Ms. Kautenburg called for any further business. Hearing none, she adjourned the
meeting at 7:37 p.m.
is
Community Development Department
Conditional Use Permit Application - Staff Report
Model Tome
f. Project Name: Roseland Model Center — Maronda Homes
2. Requested Action:. Approval of conditional use permits for two new model homes and
adjacent parking, area
3. Project Location:
a. Address: 843 & 855 Roseland Road
b. Legal: Lots ?, 3, and 4, Block 141, Sebastian Highlands Unit 3
4. Project Owner:
a. Name: Maronda Homes, Inc.
b. Address: 1696 W Hibiscus Blvd.
Melbourne, Florida 32901
C. Agent: Mark Richard
5. Project Description:
a. Narrative of proposed action: Maronda Homes, Inc, is requesting model home
permits for two single-family residences located at 843 Roseland Road„ which has been
completed, and 855 Roseland Road, which will be under construction shortly. An
adjacent parking area is proposed between the two homes, on Lot 3, that will provide the
requisite parking spaces, handicapped space, connecting sidewalks and landscaping.
b. Current Zoning: RS-10
C. Adjacent Properties:
Zoning
North:
RS-10
East:
RS-10
South:
RS-10
West:
RS-10
Current Land Use
vacant
residence
residence
residence
Future Land Use
LDR
LDR
LDR
LDR
6.
Q
9
d. Site Characteristics:
(1) Total Acreage: .72 acres
(2) Current Land Use: vacant lots
Required Findings:
a. Be so designed, located, and proposed to be operated so that
the public health, safety and welfare will be protected.
b. Not present an unduly adverse effect upon other properties in
the impacted area in which it is located. The scale, intensity
and operation of the use shall not generate unreasonable
noise, traffic, congestion or other potential nuisances or
hazards to contiguous residential properties.
C. Conform to all applicable provisions of the district in which
the use is to be located.
d. Satisfy specific criteria stipulated for the respective
conditional use described in subsection 54-2-6.4(29).
Conditional Use Criteria:
a. Not to be used as contractors main office.
b. Meets district regulations for lot and yard dimensions.
C. No construction materials or equipment stored at model.
d. Business hours of 9:00 a.m. to 6:00 p.m. Limit of two staff.
e. All signs conform to city code; not to exceed 6 sq. feet in site;
maximum 6 feet in height.
f. No glare or traffic impediment from house illumination.
g. Provide 5 parking spaces, 10' from side property line, 30' from
corner.
Does Does Not
Comply Comply
J
J
Does
Comply
v'
v'
J
Does Not
Comply
8. Additional Considerations: A separate pen -nit will be required for the proposed
sign, and a monument base will be required. In addition, off -premise signs and feather and/or
"Opce' flags are prohibited, but patriotic gags not used for marketing purposes can be placed.
The model home permits expire one year from the date of approval, but may be renewed
administratively. At the time the model home permits expire and are no longer renewed, the
applicant will be responsible for removal of the parking area, cormecting sidewalks, driveway
fences, and all signage. The applicant has submitted an affidavit and posted a cash bond
regarding removal of these items.
Conclusion: The proposed use is consistent with Section 54-2-6.4(29) of the Land
Development Code of the City of Sebastian, with conditions listed below.
10. Recommendation: Staff recommends approval of this model home permit for a one-year
period conditional on the following:
1. No construction materials or equipment will be stored or parked on the model property
2. Obtain a separate building permit for the model sign and add a monurnent-style base
3. No illegal flags or off -premise signs
4. Contractor to remove parking area, connecting sidewalks, driveway fences, and model
signage when the permit expires
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Permit Application No.
'110
ZW City of Sebastian
HOME OF 111 KAN 154AND Development Order Application
Applicant (if not owner, written authorization (notarized) from owner is req!� !fired)
Name:
Address:
Phone Number: FAX Number:
E-Mail:
Owner (if different from applicant)
Name:
Address:
Phone Number: ( - FAX Number: ( -
E-Mail:
Title of permit or action requested:
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11 " COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED, ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM,
A. Project Name (if applicable):
B. Site Information
Address:
Lot: Block,.. Urif- Subdivision;
Indian River County Parcel
Zoning Classification Future Land Use:
Existing Use: Proposed
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessarv):
DATE RECEIVED: FEE PAID: $ , (,'
RECEIVED BY: L Akf
Permit Application No.
City of Sebastian
HOME OF PELICAN WND Development Order Application
Applicant (if not owner, written authorization (notarized) from owner is required)
Name:
Address: L tJ
Phone Number: FAX Number
E-Mail:
Owner (if different from applicant)
Name:
Address:
Phone Number: FAX Number:
E-Mail:
Title of permit or action requested:
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC, SHALL BE ATTACHED AND 8-,1/2," BY 11 " COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM,
A. Project Name (if applicable):
B. Site Information
Address:
Lot: Block:
Unit:
Subd:i:visi:on:
Indian River County Parcel
Zoning Classification:...,.-,.,,
Future Land Use:
Existing Use:
Proposed Us'6:
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessarv):
DATE RECEIVED: (0/-4/17 FEE PAID: $ RECEIVED BY:
-4-
Permit Application No.
D. Project Personnel:
A ent:
Name_
Address I bozu ALkzs��s TJ A,
Phone Number: FAX Number:
E-Mail:
Attorney:
Name:
Address
Phone Number: ( - FAX Number: (
E-Mail:
Engineer:
Name:
Address �J'
Phone Number: 3�1 ) co FAX Number:
E-Mail:
Surveyor:
Name,:
,Jc)�
Address /,;
61) � COL,-C) I
Phone Number: (
-I g Hue 1
FAX Numbofr: ( Sa I ) _fZ7_ 19(f")b
E-Mail:
r'; jv��& BEVNG FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATON, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACCURATE Al ,'b TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
SIGNATURE DATE I
SWORN TO AND SUBSCRIBED BEFORE ME BY V)6-,-V-- R,(1,,.a_r6k
WHO IS PERSONALLY KNOWN TO ME OR PROPUCED
AS IDENTIFICATION, THIS DAY OF _J 1&*-N 020
—
NOTARY"S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION No./EXPIRATION
SEAL:
MICHELLE I:AULKNF-.F1,
"A.. P I A Commission # 6G112343
Expifes July 20, 2021
SoMed Ttwu Pay Fah losuranca NX0485&709
Permit Application No.
The following Is required for all comprehensive plan amendments, zoning amendments
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
IIWE, THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE ?? . CorV, pWt S t
BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY1OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE IIWE MAY HAVE, DUE TO THE QUASI—JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS 'u?VAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED,
R PROMISES MADE B NY
M F THE
P EE, AGENT CONTRACTOR OR OFFICIAL CITY OF SEBASTIAN. Og
SIGNATURE DATE
Sworn to and subscribed before me by
who is p rso ly known to me or produced
as identification, his day of (j 20 rr
Notary's Signature
Printed Name of Notary
Commission No./Expiration
Seal:
hsslc7r �;I31I2348
.s a .duly 20 " i)2.i J70go
APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE
CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE
APPLICANT.
ACKNOWLEDGMENT DATE
Permit Application No.
On It
SEBASTI—AN
AN t
Supplemental Information
HOME OF PELICAN ISLAND Conditional Use Permit, Model Home
1. Type of permit: inifial application renewal
2. Describe the hours of business: _jt�
3. Describe any on -premise signs (size and location). Lo
4. Is the proposed model hope -to, e illuminated? If so, describe illumination
plan.
5. Attach the following:
I
a. A list of the names and addresses of all owners of parcels of real property
within three hundred (300) feet of the parcel to be considered.
b, A survey of the lot where the model home is located showing the location
of the required five parking spaces, any signs, and any illumination,
1 6. Describe how the proposed use is designed, located, and proposed to be
operated§o--t t the public health, safety and welfare will be protected. If not,
�
why not: eLe
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7. Describe how the propose use will not adversely effect other properties. If not,
why not
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HOME OF PELICAN ISLAND
PLANNING AND ZONING COMMISSION
AGENDA TRANSMITTAL
Commission Meetinq_pate: June 21, 2018
Agenda Item Title: Ordinance 0-18-08 - Vacation Rentals
Recommendation: Staff recommends approval of the Draft Ordinance to
be transmitted to Council for first reading.
Background: In November 2017, the Community Development
Department presented a brief on short-term vacation rentals. 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. Any residential 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. In 2014, the Legislature amended
paragraph (7)(b), "A local law, ordinance, or regulation may not prohibit vacation rental's or
regulate the duration or frequency of vacation rentals (zoning location)."
P&Z Commission requested staff propose regulations and a registration process that
addresses the impact of problematic short-term rentals on neighboring residents. The law
currently allows local governments to adopt ordinances specific to these rentals so that they
can address some of the life -safety issues created by their proliferation in residential
neighborhoods including:
U Parking or Storage of Vehicles;
U Noise;
F1 Fire Safety Occupancy limit;
C1 Local Management/Owner Contact;
Ll Proof of Registration with State/County;
L3 Vacation rental local license and regulations.
The Draft Ordinance and Sample forms address these concerns.
Attachments: Vacation Rentals Information Sheet
Ordinance 0-18-08
Vacation Rental Registration Form
Vacation Rental Regulations Acknowledgement Form
Life Safety Permit Application
VACATION RENTALS
City of Sebastian
Vacation rentals (residential units rented -out or offered for rent more than three times in a calendar
year for periods of less than 30 days or I calendar month) are allowed in the City of Sebastian,
subject to the following:
State license from the Florida Department of Business and Professional Regulation (DBPR)
Phone: 850-487-1395 or www.mvfloridaticense.com/dbor
2. Local Business Tax Receipt (LBTR) with Vacation Rental Registration
Form and Life Safety Permit frorn the City of Sebastian Building Department:
772-589-5537.
3. Register with the Clerk of the Court for Tourist Development Tax: 772-226-3164.
4, Compliance with the City of Sebastian Vacation Rental Ordinance (Ordinance 0- 18-08)
COMPLAINTS ABOUT VACATION RENTAL VIOLATIONS [may remain anonymous]
• Citizens Request Line: 772-58 1 -0111
• Code Enforcement Line: 772-388-4436
• Report On -Line. http://www.cityofsebastian.org/on-line-complaint-form
• Report ofpublic disturbance/nuisance: Sebastian Police Department 772-589-5233
ATTACHMENTS: 1) City of Sebastian Vacation Rental Ordinance
2) Vacation Rental Registration Form with Local Business Tax Application
3) Life Safety Permit Application
4) State Guide to Vacation Rentals
June 12, 2018
ORDINANCE 0-18-08
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RELATING TO SHORT-TERM VACATION
RENTALS; AMENDING THE LAND DEVELOPMENT CODE ARTICLE
VII (GENERAL REGULATIONS) TO ESTABLISH REQUIREMENTS
FOR VACATION RENTALS AND REGISTRATION FORMS BY
CREATING ZONING CODE SECTION 54-2-7.22; PROVIDING FOR
SEVERABILITY, CONFLICTS, CODIFICATION, AND SCRIVENER'S
ERRORS; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA
THAT THE CITY OF SEBASTIAN LAND, DEVELOPMENT CODE (LDC) ARTICLE III,
GENERAL REGULATIONS, BE AMENDED AS FOLLOWS:
SECTION #1: Zoning code Section 54-2-7.22 is hereby created to read as follows:
Vacation rental definition: Any residential dwelling which is rented or leased more than three
times in a calendar year to a tenant, individual, group of individuals, or party for a period of less than
30 days, or which is advertised or held out to the public as a dwelling which may be regularly rented
or leased for a period of less than 30 days (509.013 (F.S.,)).
Vacation rental regulations and registration:
(a) For purposes of vacation rental regulations, "bedroom" is defined as follows: any
room used principally for sleeping purposes and meeting applicable building code
requirements for a bedroom,
(b) The owner of a vacation rental unit shall obtain from the Building Department a
Local Business Tax Receipt and complete the Vacation Rental Registration Form
supplemental to the Local Business Tax Application, A separate
r c g i s t r a t i o n form shall be required for each vacation rental unit. A registration
may be transferred to a new owner upon submission of updated registration
information and execution of, and assumption of, registration obligations and
conditions on a form provided by the Building Department.
1. A registration form shall be submitted to the Building Department on a
form provided by the department,
2. Registration shall be managed by the Building Department in coordination with
other City departments, local agencies, and state agencies.
3. Prior to issuance of a Business Tax Receipt, a Life Safety inspection of the
vacation rental unit shall be conducted by a City Building Inspector for compliance
With the requirements of this section.
(c) Registration form submittal requirements are as follows:
1. Rental unit manager contact information (cell phone number, email address,
mailing address).
2. Documentation that the applicant has obtained the following:
a. State DBPR license for vacation rental unit
b. Local business tax receipt from the City of Sebastian
c. Local tourist tax account from the Clerk ofthe Circuit Court
3. Parking compliance information: number of garage and/or carport spaces,
maximum number of bedrooms, maximum number of automobiles
allowed outside of garage/carport, location of spaces accommodated on
improved or stabilized driveway,
4. Verification that carbon monoxide alarms, ifrequired by code, and state license
fire protection items have been provided in the vacation rental unit: smoke alarms,
emergency lighting, fire extinguisher.
5. Unit interior under air information: square footage and number of bedrooms.
6. Acknowledgment form provided by the Building Department, executed and dated
by the rental unit owner and manager. The acknowledgment form shall provide
information regarding the following City requirements for vacation rentals.
a. Special parking regulations
b. Noise regulations: More stringent "no disturbance" requirements from 11
pin to 6 am, and no excessive noise that would cause annoyance to any
reasonable person ofnormal sensitivity.
c. Fire safety requirements and maximum sleeping occupancy limitations
d. Fines and citation penalties for violations
S. Acknowledgment that the following information will be posted or displayed
inside the vacation rental unit prior to inspection of the unit by the City staff and
shall thereafter be continuously posted or displayed 'inside the vacation rental
unit:
a. Manager contact information
b. Maximum number of parked automobiles and boats, and approved parking
locations
c. Trash and recycling pick-up days and protocol for placing and retrieving
Waste Management containers
d. Noise r e g u l at i o n s: More stringent "no disturbance" requirements from
I 1 pm to 6 am, and no excessive noise that would cause annoyance to any
reasonable person of normal sensitivity,.
e. Location of smoke alarms, emergency lighting, and fire extinguisher,
f. Emergency room information
g. Maximum sleeping occupancy (number of persons)
9. Acknowledgement that the applicant has contacted any applicable property
owners association or homeowners association and is aware of private
restrictions, if any, that may affect operation of a vacation rental at the subject
residence,
(d) Vacation rental local regulations are as follows:
1. To the extent that there is no conflict with these vacation rental regulations, all
City regulations applicable to a residential unit that is not operated or used as a
vacation rental unit shall also apply to a vacation rental unit.
2. Parking and storage of boats and recreational vehicles shall conform to the
requirements of zoning code section 54-2-7.13.
3. Vacation Rental Special Parking Regulations:
a. For a vacation rental that has a carport or garage, the number of automobiles that
may be parked outside of a carport or garage shall be limited to one automobile
per bedroom not to exceed a total of five (5) automobiles parked outside the
carport or garage. .automobiles parked outside of a carport or garage shall be
parked within a designated and improved or stabilized driveway and not within
any required yard area.
b. For a vacation rental that has no carport or garage, the total number of
automobiles parked shall be limited to two automobiles plus one automobile
per bedroom not to exceed a total of five (5) automobiles parked on site.
Automobiles shall be parked within a designated and improved or stabilized
driveway and not within any required yard area.
c. For all vacation rentals, all automobiles except for service and delivery vehicles
shall be parked on -site and shall not be parked within a road right-ofway
except within a designated and improved or stabilized driveway.
4. The overnight maximum sleeping occupancy of a vacation rental unit shall not
exceed 2 persons per bedroom plus 2 additional persons. Notwithstanding the
above, a maximum (cap) of 10 persons shall apply to each unit whether the unit is
served by public sewer service or by an on -site sewage treatment and disposal
system (septic/drain field system). The unit occupancy limit shall be stated on the
local license.
5. Fire protection items required for the state vacation rental license shall be
provided in the vacation rental unit. In addition, a carbon monoxide (CO) alarm,
when required under Section R315, Carbon Monoxide Alarms of the Florida
Building Code -Residential, shall be provided.
6. Changes in the vacation rental manager and/or changes in the manager contact
information shall be provided to the Building Department within ten (10) days of
the change.
i, The local business tax receipt number, the occupancy limit, the maximum
number of vehicles allowed to be parked on site outside any garage or carport,
and the noise regulations statement contained in section (c)6b of these
regulations, shall appear or be stated in any vacation rental unit advertisement
or any rental offering associated with a vacation rental unit.
8. Each year, the applicant shall submit a copy of a valid current state license to the
Building Department upon renewal of their business tax receipt.
(e) Interim Operation of Vacation Rental Unit:
Because of the length of time it may take to comply with all of the new
requirements on this section, all short term vacation rental owners may lawfully
operate up to three (3) months from notification but shall have until
to obtain a Local Business Tax receipt from the City
and come into fiill compliance with the new standards and requirements imposed
by this section. All short term vacation rental owners who do not
comply with this ordinance within three (3) months of notification
will receive a citation/fine in accordance with section of the
City of Sebastian code. -----
(f) Claim ofContract Impairment:
i. It is not the intent of this ordinance to impair any existing contracts, leases,
or reservations that are evidenced by writing. An owner who asserts the
enacted ordinance amendment impairs a short term vacation rental contract in
effect on or before , 2018 shall submit the contract, lease or
reservation, evidenced in writing, to the Community Development Director
for review and consideration. An owner shall have until , 2018 to
submit the claim of impairment to the Community Development Director
for determination. Appeal of the decision of the Community
Development Director shall follow the appeal procedure set forth in Land
Development Code Section 5 4 -1- 2.5 (d ).
SECTION 42: SEVERABILITY
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect
and be as valid as if such invalid portion thereof had not been incorporated therein.
SECTION ##3: REPEAL OF CONFLICTING ORDINANCES
The provisions of any other City of Sebastian ordinance that are inconsistent or in conflict with the
provisions ofthis Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Land
D e v c l o p m e n t Code of the City of Sebastian, Florida, The sections of the Ordinance may be
renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to
""section'', "article", or any other appropriate word,
SECTION ##5: EFFECTIVE DATE
CITY OF SEBASTIAN
SUPPLEMENTAL VACATION RENTAL REGISTRATION FORM
TO THE LOCAL BUSINESS TAX APPLICATION
122.5 Main 'Street
Sebastian, Florida 32958
(772) 589-5537
Open 8:00 A.M. TO 4:30 P.M,, Monday through Friday
Closed From 12:OO.PM to l :00PM
DATE:
Note: Required acknowledgement faun attached
Vacation Rental Unit address
City, State, ZIP
Applicant name
Applicant mailing address
City, State, ZIP
Applicant phone number
Applicant email address
Is Applicant the Property Owner`:
Property Owner contact information
l . Rental unit manager contact information:
Manager Name:
Cell Phone number:
Email address:
Mailing address:
2. Total number of bedrooms: Square footage of rental unit
3. Please attach the following: Attached
a. State license for vacation rental unit
b. Local tourist tax account # from the Clerk of the Circuit Court
c. Local Business Tax Receipt Application
d. Life Safety Permit Application
e. Vacation Rental Regulations Acknowledgement Form
4. Parking information:
Total number of garage and/or carport parking spaces:
Location and number of parking spaces accommodated on improved or stabilized driveway (attach sketch
or aerial):
5. Verification that state license fire protection items have been provided in the vacation rental unit: smoke
alarms, emergency lighting, fire extinguisher. Verification of carbon monoxide (CO) alarm, when
required:
6. Unit is served by (check one): Public sewer:
On -site septic/drain field system:
THE ABOVE INFORMATION AND STA`fEMENTS ARE TRUE TO THE LEST OF MY
KNOWLEDGE AND I WILL COMPLY WITH SECTION 54-2-7.22 OF THE LAND
DEVELOPMENT REGULATIONS OF CITY OF SEBASTIAN, FLORIDA.
APPLICANT NAME (PRINT):
APPLICANT 'SIGNATURE
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
IV -IN"
SWORN AND SUBSCRIBED TO BEFORE ME "THIS DAY
OF 20 , WHO IS/ARE PERSONALLY KNOWN TO ME OR
HAS/HAVE PRODUCED THEIR , AND WHO DID NOT
TAKE AN OATH.
NOTARY PUBLIC:
PRINTED:
MY COMMISSION EXPIRES:
—=— =- =FOR OFFICE USE ONLY===—=—_===__
DATE RECEIVED: REVIEWER:
COMMENTS:
APPROVED: DENIED: EXPIRATION DATE:
CITY OF SEBASTIAN
VACATION RENTAL REGULATIONS
ACKNOWLEDGMENT FORM
1. 1 have reviewed and understand the following vacation rental regulations:
a. Special parking regulations
b. Noise regulations
c. Fire safety requirements and maximum sleeping occupancy limitations
d. Fines and citation penalties for violations
2. The following information has been posted or displayed inside the vacation rental unit:
a. Manager contact information
b. Maximum number/limit ofparked automobiles, RV's and boats, and approved parking locations
c. Trash and recycling pick up days and protocol for placing .and retrieving Waste Management
containers.
d. Noise regulations: More stringent "no disturbance" requirements from I I -om to 6 am. and no excessive
noise that would cause annoyance to any reasonable person of normal sensitivity.
e. Location of smoke alarms, emergency lighting, and fire extinguisher.
f. Emergency room information
g. Maximum sleeping occupancy (number of persons)
3. I have contacted any applicable property owners association or homeowners association and am aware
of any applicable private restrictions.
4. 1 will ensure that any advertisement and any rental offering associated with the vacation rental unit
will contain the following information:
a. Local Business Tax Receipt Number
b. Occupancy limit confirmed by the Building Director/Fire Marshall
c. Maximum number of vehicles allowed to be parked outside a carport or garage
d. Noise regulation summary (see item 2d. above)
I hereby acknowledge that 1 fully understand and have provided the appropriate information noted
above:
Applicant Name (print):
Applicant Signature:
.Date:
PROJECT NAME:
LOCATION:
CD -PLUS Proj/Appl. 4:
PER -MIT #:
LIFLE _54F8_;N
VACATION RENTAL IN 1 —000" INSPECTION CHECKLIST
Inspection requested by applicant:
Inspection made:
Re -inspections:
Date:
Date:
Date:
GO OVER WITH PLANNER PRIOR TO SITE INSPECTION
Number of bedrooms per approved building plan?
Is property on public sewer or does it have an on -site septic system?
14"6d"Wy i, Wo a-WaF@A"
gr �Fffeheleel Y� iw�! WNWPRWRWOW
Is there a guest house on -site?
Garage/carport or no garage/carport?
Carbon monoxide alarm required/applicable?
(i.e,, gas appliances or fire place inside, attached garage)
INSPECTION
Parking:
a)
Total number of garage and/or carport parking spaces
Actual:
b)
Number of parking spaces on paved or stabilized driveway:
Actual:
Occupancy
/ Bedrooms:
a)
Number of bedrooms
Actual:
b)
Number of beds
Actual:
Fire/Life Safety: Yes No
a) Smoke alarms (I per floor, I per bedroom area [within 10feet], I per bedroom, all interconnected,
may be 10-year battery type)
b) Emergency lighting (at primary exit, wirea)
C) Fire extinguisher (I in kitchen area, Class 2-A 10-BC S lbs min. with current tag, use 5-point
checklist from Fire Prevention)
d) Carbon monoxide (CO) alarm (if required, within 10ftel oftedroonz areas, may be contbo
with smoke alarm)
Posted or Displayed Information Inside Rental Unit:
a) Manager contact information
b) Maximum number limit of parked vehicles, boats, and approved parking location
C) Trash and recycling pick-up days and protocol for placing/retrieving receptacles
d) Noise regulations: no excessive noise disturbance to neighbors; more stringent
requirements 10 p.m - 6 a.m.; no excessive noise that would cause annoyance to any
reasonable person of normal sensitivity; no outdoor amplification devises audible from
adjacent residential property at any time
C) Location of smoke alarms, emergency lighting, and fire extinguisher
f) Emergency room information
0
sw&f"W'n
g)
h) Maximum sleeping occupancy (number of persons)
Comments/Problems
Date problems communicated to applicant:
Planner Concurrence: Date:
Inspector: Date
Stye,chkist.sheet
5 things to look at during your inspection.
Make sure that the extinguisher is classified as 2-A: 10-BC and minimum of 5' Lbs. (10 lbs. is fine if the owner
request one)
Check to make sure the needle is in the , ii area. This indicates (Proper charge). If the needle is in the
recharge or overcharge area, the extinguisher needs to be service by a license Contractor.
Next look at the neck area, under the green collar. The green collar is the indicator of the hydro date. The Contractor
will take it out of service a do a 6-12 year hydro inspection on it.
Look at the neck for rust or any compromise of the tank. The rust usually occurs were the extinguisher is expose to
the elements,
Look inside the nozzle opening for white residue. If you see what appears to be white talcum powder, this means
that the extinguisher has been deployed Advise owner, that servicing of the extinguisher is needed. This also should
be noticed by the home owner, when he/she conducts the monthly visual inspection.
ND rust should be at the cylindrical round donne area of the extinguisher. If notice rust at the outer edge, that is
D 0
acceptable. However note it on your report. That way when You give it to the owner, this will reiterate what he/she
already knows.
This is a service tag that needs to be affix on the extinguisher. This indicated to us when it was serviced. This
extinguisher was service in MARCH of 2016, This means that the extinguisher is good until March of 2017, F/E's
needs to be serviced annual by a state certified Fire Extinguisher Company,
7
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04 R N
This is the back of the service tag. it has 12 slots. This is for the home owner to visual check the extinguisher on a
monthly bases.
Once the owner does his/her visual inspection, they are required to DATE it. Then INITIAL on the appropriate slot,
The two reasons for this tag is:
I. It makes someone look at the extinguisher, in case it gets deployed
It. It lets us know the service date.
Smoke and Carbon Detector Installation and Required Location
Summary
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Lit Vadado LO OW PC&
ST,,d (jHhWs . Wwwg is ri it njj'wjrtvr than 1 A in 8 it hcmizonmHy ATM bo komed whYn 36 h-1-
of dw high We ofte oiling. bm w claser than 11 in. from th2 %gall surface.
to NVMI NiumnCing - sh&I be locatod ri)t {anther Own 12 in. Wn U10 evili'V4 'Surl",ice,
7 yin hient 'rempendure or HurnkHY - SKY nut bv ;OCLtQd WilurL amb i,.v Ci-XIditiOlIS, iW-lUdilit!
11UMidit) and WV 0W.,KIC dW IVAN qW,:i11L;d b� tll- jInnUniacLurer's publi'°;Iwd
inyviintiong.
8 t7unakhod Atties, Garages or 0ther'Spices - Shall not be locaed "Ithin unlit khod NO, or
garays (N- In other spaces Wwre ;an hill below N AN Dcqrk�C.,, F orexceL°d lot)
Wgrcus F.
9 Stiition:try or Wed Wding AplAiancei - SWU = he inAdled within an aiva of ekQ0,%
(1dorntilled t:y a 10 ""t radial d;itanc�,, alony a 11i:,rivoni'll Pat][ 11,01"I nst'mionar3 or r1xQ(1
c()(yjjny -,tpjfliancq unk" Ikwd Wr that Ionia on, khmns ur docoton OWN buNven 10 R and
20 R uhmj a hoWamd Now pMh Gum a sULK0,110 or Ned txmkinL., applinocc, shall be oquipped
mot on mQ.,ins car LB,: 1�11NOIQII:Ctl-i,: dotCCti0n,
Itt B.,t throom Door - WH int be illst:jjjed w,jtnin 36 im thAzoind path Smi a dLor u) a bathroom
covyiEng a shu" or or R01.
I Registv r - "n"I I i not t)k: insta I I,-,d w ithin to 36 it W a Mtd J,adl fi'�)Vn (.114 SUJI111Y
oCn t'(,,Fccd air 1)�:atiiig x cooling symom aml W W, otjt%jcjk� cel:tk (firvA ait'llo\v fromil,
thos';
12 (AHina Fin . Shall not be inswHed "Win at 36 hL ladvomal paal 6vin the lip ot'Llw blild': "!',I
°ilia US -pcaded QMLId[O i1th-
Carbon Monoxide Alarms
Carbon 1'rlooli'dd lid'c7tt`t;til. n - Envy 3t'{7;t^';.i,3',: lYJil".liCd'' o alL to all +e\js€ii)g bllildilq`
Aw whiV."l1 a iis:1'd k Aw tEam a;,alEpt', twil'm iq k Eli d Clod hat in;i.', a lllsil-ltle."l-burniiEg lr aLer kir
1i7f311-:`ntl s , :» f li't:t11ac . ;ill attk'tch1-d i :i;.t>;k`. or tJi.i:t1' fC°<i?r1E" tl\UWC' `7r vhs niont dam c'mi(,; carbvil
n1011U\idV tti 1'+}+{`r°irlllCtr t 1:+1'l11171l,1i0i1 sll;dl iDavL ,` ;iIV c'11 I'il}.fuiYrll C.il'`7C7C ]nt.)i1+.7?:l ie erltii'Ir1
ii1-iL:!II;.'d %thIIill l l%: Lt w411'i'1 rooIrI t,j,<ol 1,,1r dci'I)ijig
llir!"l]J;,ei.
? i-,l)iirt)91r.r6on aNvms - &,'+,11717111;1t. wi .,l:ln{ !c7usr")»lsl n"lonoxide it 11"nE sltcrll be iP;:wd and i.31_}t:fed
i; et nationally
ld;El{V
Interconnection
3 l,rrterconn€°$don - MIlt w tp'Te than Uric 'srriuk or Carbon !?1ai:l(7\Stic akarm is rt:goireJ 90 lit
installcd w4h;n ,in in li% i&,-fl dNVCliil!1! Llldit, 010 €kirm devict;; shall be ini r;:onne,:Ied ill ;Lrell ;A
111;,r111ler thill' the LiCLUation (done ako-rt 1%ill :i I!\':ItS.' all € i tlic alarms ill tlic il,l+.lk ideal rillit.
l:'ll\'sic:11 illtL'iwllllUt etiOn t t's111o1�G il.11lns shall not her t lEir:cl listk-d wirel,:ss ,d irms in-C
NOW anel all alann4 strand unon a ti,,,ation of'C,m:.ilt8,rm,
Power Source
4 1 n"vr sour ee — (120 volt "ith batler a° back-up) Sniok, alarm shall recJ e: their priniary
n-oin tlrt; biiiltfSrl(g wiring \' hLm suh Why is wr" wd lion it caninii T'Ul;rt ,,OUl'CO.:)Qd 10101
l7rii.d:rr , Power is intt:rl,K)L,:tf, 8kd:ifl reeQke llomTr ti'c71.n -.1 bauviT. ti4'ir;rig sh::ill bu lleEincliwnr and
4+. iLlt{ri.tt a d h»t:c111neehng SwRah Ol.idur' uhali Ihose required for l,).r U etion.
Exception
1 li rd vb'.`'rng of S1rlt.+kc Wlbrins is Qstiil3, iri',.:t'i shall not be r6:C1Ll:i' d Quo hin i1rK=ti"61dltyd.i or
rti �-lir., do not re,i.11, in L11,2 rclrlcl Al Of °vv:11 f or coNny Ri ws eyno sirlg the
itflarti Wt%;e. MOSS thcr»: in an aidla , ur€ wl tiilraCv: cw Cri1.9L }tli.' a m ailabl,; 4i"hich COUld [1r0'e'idV
.wows Q Wad m0na Kti'iout d,,Q rcrnoval of interior iEdliSW,
6 On-1`arnify and tti4<l-fiililil; d" ibl i aid to"nhonws Llll,Jer,.l,oNg a rgaV 4r1 a Ix"l 1
altc!•:1don its cl0nal in the WAh: TueJ„A ; Acti:.', mg Lisp ;111c7 s :.ilai"ll1 pt worutl by 10-
41w1r:' noorkm1ovable, ntvr€elllaCerrbft: bamAles in lict.l OF1'etrQ1itril12 SLlch (kt cllinf- %iith
moke i7,l,in"s po"emd by tho d"elIhy's L:fendcal .Brans.
• Potable water shall be supplied and adequate
sanitary facilities for guests. E.g., showers,
handwash sinks and toilets that are connected to
approved plumbing.
• Water from a nonpublic system (e,g„ well) shall be
sampled and tested at least annually and as required
by state water quality regulations-
• The most recent sample report for the nonpublic
water system shall be available upon request.
• The kitchen sink fs required to have hot and cold
running water under pressure,
• Ice making machines must use water from an
approved source and shall be constructed, located,
installed, operated, and maintained to prevent
contamination of the ice,
• ice machines for customer Self-service shall be
protected from contamination and equipped so the
ice can be automatically dispensed,
• Units must be kept free of vermin.
• If provided:
— Bedding and linens, sheets and pillowcases, and
bedding items (e.g„ mattresses, comforters and
pillows) must be kept clean and in good condition.
— Soap must be available either individually wrapped
or from a dispenser.
— Ice buckets shall be cleaned and sanitized
between each guest or be provided with a sanitary
single -service food -grade liner that is changed
daily.
Safety
• A current Certificate of Balcony inspection (ABPR HR
7o2o) must be filed with the division every three
years, unless exterior balconies and stairwells are
"common" elements of a condominium. (For
examption'to this requirement, the licensee must
provide proof to the division that these areas are
common'elements.) The balcony certificate is
available from the Division of Hotels and Restaurants
website at
httoatwww. mvfloridallcense.co mfdborlhrlforrnsrin
dginq-oublicatlons.htmi; by e-mail request
submitted at
wrww.mvftoridalleense.comleontactus: or by phone
request to 850.487.1395.
• Railings shall be installed on all stairways and around
all porches and steps.
• Heating and ventilation must be kept in good repair
or installed to maintain a minimum of 68 degrees
Fahrenheit throughout the building.
• boiler Certificate required, if needed. (Not required it
boiler is located in common area.) A water heating
device is considered a boiler if it exceeds any one of
the following limits; maximum heat input of 400,000
BTUH; water temperature of 210 degrees Fahrenheit;
water capacity of 120 gallons.
• High hazard areas like boiler rooms and laundry
rooms shaft be kept clean and free of debris and
flammables.
• At least one (1) approved locking device is required
that cannot be opened by a non -master guest room
key on,all outside and connecting doors, (Cannot be
a sliding chain or hook and eye type of locking
device.)
• Smoke alarms must be Installed in every living unit.
• Electrical wiring must be in good repair.
• A fire extinguisher must be present, property charged
and accessible,
• If present, fire alarm panel must have power and be
maintained.
• Automatic fire sprinklers may be required in Vacation
Rental condominiums if the majority of the rental
units are located within a single building of three
stones or more or greater than 75 feet in height- (if
50% or fewer of the units within the building are
rented transiently, a fire sprinkler system is not
required.)
• Specialized smoke alarms for the hearing impaired
shall be available at a rate of one per every fifty
rental units with a maximum of five required.
• Specialized smoke alarms for the hearing impaired
shall be available upon request without charge.
• Must meet all local fire authority requirements.
General
• License must be current and renewed annually,
• License shall be conspicuously displayed in the office
or lobby (If available) or made available upon
request.
• Any change in the number of units must be reported
to the division.
• License is not transferrable from one place or
individual to another,
• If provided, baby cribs must meet safety standards
established by the Consumer Products Safety
Commission.
GUIDE TO
Vacation Rentais
and Timeshare
Projects
For Florida's
Public Lodging Establishments
Division of
Hotels and Restaurants
Busines ,�,,�,
ProfessiUnaI
AggdJunih d,oiMt• i J,ImadrimiairiniSiVa�diihii
wow.MyFloridaf.icetlse.comldbprlhr
❑8PR Form HR 5025-753 2015 May 19
Vacation Rentals & Timeshare Projects
The Division of Hotels and Restaurants is responsible for
regulating public lodging establishments in Florida, which
includes ficertsing and Inspecting Vacation Rentals and
Timeshare Projects [see Chapter 509, Florida Statutes
(FS), and Chapter 61C, Florida Administrative Code
(FAC)j.
Florida law defines a'Public lodging establishmenr as
transient public lodging establishments, and non -transient
public lodging establishments. [Section 509.013(4). FS)
Transient public lodging establishment means "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 hold
out to the public as a place regulady rented to guests.'
Vacation Rental: Vacation rentals are transient public
lodging establishments defined In It. 509.242(1)(c). FS,
as: any unit or gawp of units in a condominium or
cooperative or any Individually or collectively owned
single-family, two-family, three-family or tour -family
house or dwelling unit that is also a transient public
lodging establishment but thet Is not a timeshare project.
Timeshare Project A timeshare properly (as defined in
Chapter 721, F.S.) that Is located In Florida and is also a
transient public lodging establishment (E.G., a
timeshare property that rents by the week to guests
outside the timeshare community.) (509,242(1)(g), F.S.)
License Classifications
Vacation rentals and timeshare project licenses have
three different dasstfications (61C-1.002(4)(a), FAC.):
• Single License: May include one single home or
townhome, or a unit or group of units within a single
building that are operated by the owner.
• Group License: Covers all units within a building or
group of buildings In a single complex that are licensed
to a licensed agent (Multiple group licenses may be
issued to different licensed agents for units located on
the same property.)
• Collective License: Issued to a group of houses or
units found In separate locations that are represented
by the same licensed agent (A collective license may
have a maximum of 75 houses or units per license and
Is restricted to counties within one district.)
If you operate both vacation rental condominiums and
vacation rental dwellings, you may not combine them on
the same license in any of the three licensing categories.
Licensed Agent
A licensed agent is someone that the property owner has
authorized, through a rental agreement or contract, to
hold out the property for rent on a transient basis. The
licensed agent does not have to hold a license from the
Division of Real Estate.
Only a licensed agent can hold a group or collective
license. A licensed agent may not hold a single license.
The licensed agent Is responsible for all violations cited
during an Inspection If the violations occurred white the
unit or dwelling was listed under the licensed agent (or if
the division records list the property under the licensed
agent).
Licensing
To obtain a Vacation Rental or Timeshare Project
license you need to fill out an Application for Vacation
Rental or Timeshare Project License. The application
packet is available at
httLrs:iiwww.mv0 orid al i c e hs e.comli ntentio ns2_aso7
ch Boardstrue$boardid-200$S I D,
The Application for License must be submitted along
with the following items:
• A list of all units or houses to be licensed.
• A completed DBPR HR-7020, Certificate of Balcony
Inspection if the units or houses are 3 or more stories
In height and the railings, stairwells andlor balconies
are not in common areas.
• Appropriate Fees: Fees are based on the number of
units to be licensed. An automated fee calculator
and fee tables are provided on our website at
htto:Ilwww.mir lorbdatteense.comidbprihrfticensin
rf/Aonivd.icense.html. You also can contact the
Customer Contact Center at 850.487.1395 to obtain
the correct license fee. In addition to the license fee,
there Is a one-time application processing fee of $50,
Licensing Exclusions
The definition of a public lodging establishment does not
Include (509.013(4)(b), F.S.):
• Any dormitory or other living or sleeping facility
maintained by a public or private school, college, or
university for the use of students, faculty, or visitors.
• Any facility eartltied or licensed and regulated by the
Agency for Health Care Administration (AHCA) or the
Department of Children and Families (DCF) or other
similar place regulated under s. 381.0072, F.S, E.g.,
hospitals, nursing homes, assisted living facilifies,
sanitariums and day pre centers.
• Any place renting four rental units or less, unless the
rental units are advertised or held out to the public to
be places that are regularly rented to transients.
• Any vacation rental or timeshare project that Is rented
for periods of at least 30 days or 1 calendar month,
whichever is less: AND is not advertised or held out to
the public as a place regularly rented for periods of
less than 1 calendar month, provided that no more
than four rental units within a single complex of
buildings are available for rent.
• Any migrant tabor camp or residential migrant housing
permitted by the Department of Health (DOH): under
Chapters 381.008-381.Oo895, F.S. or any mobile
home park inspected by the Department of Health
(DOH) and regulated under Chapter 513. F.S.
• Any nonprofit organization that operates a facility
providing housing only to patients, patients' families,
and patients caregivers and not to the general public.
• Any apartment building inspected by the U.S.
Department of Housing and Urban Development
(HUD) that Is designated primarily as housing for
parsons at least 62 years of age. This exclusion
applies to individual buildings, not entire complexes
(unless every building in the complex fits the criteria).
• Any roominghouse, boardinghouse, or other living or
sleeping facility that may not be classified as a hotel,
motel, apartment timeshare project, vacation rental,
nontransient apartment, bed and breakfast Inn, or
transient apartment under s, 509.242, F.S.
Sanitation
• Halts, entrances, hall/stair runners and stairways
(unless common) shall be clean, ventilated, and well -
lighted day and night.
• Uchan appliances and refrigeration equipment shall
be kept dean, free from odors and in good repair.
• If dishes and glassware are provided, you must
sanitize them between guests_ (Properwarewashing
requires a three -compartment sink or commercial
dishmachine: OR the operator must post a notice
informing guests that the dishes and glassware have
not been sanitized according to public food service
establishment standards. The notice must include
the specific language on the notice available from the
division website, at
http:llwv^v. mvfloridalicens e.co ml d bprih rlfo rmsl to
doing-nublications.html )
• Toxic Items must be properly stored and labeled,
DBPR Forth HR 6026-753 2015 May 19