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HomeMy WebLinkAbout06-21-2018 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES JUNE 21, 2018 1. Call to Order— Chairperson Kautenburg called the meeting to order at 6:00 p.m. C.� 2. Pledge of Allegiance was recited by all. 6 C\ C._ 3. Roll Call 'C co Present: Mr. Simmons (a) Mr. Mauti (a) C •L 0 co `a Ms. Kautenburg Mr. Qizilbash I° E Mr. Carter Mr. Hughan a E, a Mr. Reyes Mr. Alvarez C'0 -a z Not Present: Mr. Roth -- Excused () C' - ` O Also Present: Mr. James Stokes, City Attorney a .0 $ a C Ms. Dorri Bosworth, Planner iA N -`'Q N Ms. Janet Graham, Technical Writer Ms. Dale Simchick, Indian River County School Board, was not present. 4. Announcements and/or Agenda Modifications Ms. Kautenburg stated that Mr. Roth has been excused, and Mr. Mauti will be voting this evening. 5. Approval of Minutes A. Regular Meeting of May 3, 2018. Ms. Kautenburg asked for any additions or corrections to the Minutes as presented. Hearing none, she asked for a motion to accept the Minutes. A motion to accept the Minutes as presented was made by Mr. Hughan, seconded by Mr. Carter, and approved unanimously by voice vote. 6. Quasi -Judicial and Public Hearings A. Conditional Use Permits -- New Model Homes — 843 and 855 PLANNING AND ZONING COMMISSION Page 2 MINUTES OF REGULAR MEETING OF JUNE 21, 2018 Roseland Road — Lots 2, 3 & 4, Block 141, Sebastian Highlands Unit 3 -- Maronda Homes, Inc. Ms. Kautenburg asked members of the Commission if anyone had had any ex parte communications on this project. Members indicated no. Mr. Stokes swore in anyone who will be speaking on the project. Mr. Stokes read the item into the record. Ms. Kautenburg asked for the applicant to speak on the project. Mark Richard, on behalf of Maronda Homes, described Maronda's history in Sebastian. He stated that Maronda has finished the Sand Crest project and is planning the project on Roseland Road. He described their intention to have a model home on lot 3, a parking area on lot 4, and a model home on lot 5. Ms. Kautenburg asked for staff input. Ms. Bosworth corrected the identification of the lot numbers. There will be a model home on lot 2 and lot 4 and a parking area on lot 3. Staff had requested a unity of title for one of the model homes and the parking lot, which has been completed. Maronda has submitted a plot plan for the model home center and will have the required landscaping for the individual homes and some additional landscaping surrounding the parking area. They are proposing to do connecting sidewalks. At the bottoms of the driveways for the homes there is going to be fencing so that vehicles don't use those driveways but will be using the parking area. Maronda has given the City an affidavit and submitted a cash bond that the City will hold until the model home permits expire, at which time they will be required to remove the parking, sidewalks, and the fences. The cash bond will be returned to them at that time. She described that this is a conditional use, to use the single-family homes as their model showrooms. They will not be using them as contractor storage areas, etc. They will be used as model homes only. This is allowed in residential areas. There are restrictions on signage, and once they are no longer model homes, they have to return to single-family use. Staff has recommended approval of a separate conditional use permit for each model home with the standard conditions attached to all model homes: no construction material or equipment stored on the property, obtain a separate building permit for the monument sign, no illegal signs or off -premises signs, and the contractor to remove the parking area, sidewalks, driveway fences, and model signage when the permits expire. The permits are good for one year, and then each year they are required to renew them with administrative approval. It would not come back to this Commission unless there were major problems with the models, etc. PLANNING AND ZONING COMMISSION Page 3 MINUTES OF REGULAR MEETING OF JUNE 21, 2018 Ms. Kautenburg asked for questions or comments from the Commission. Mr. Qizilbash inquired if the three lots have separate titles. Ms. Bosworth explained that the City has requested a unity of title for the parking lot and one of the model homes, so the model with the parking lot will be required the 15 trees and the model home only will be required the seven trees. Mr. Mauti asked how many model homes Maronda has in Sebastian presently. Mr. Richard stated they have none right now. They had had one in Sand Crest, from which they have moved, so they technically have no model homes in Sebastian. Mr. Hughan referred on the survey to an area on lot 2 reserved for septic system, but on lot 4 there does not indicate any area reserved for septic system. Mr. Richard stated there are no sewers in this area; it will be all septic and city water. Mr. Kautenburg inquired as to whether there are plans for lighting the signage or nighttime lighting of any sort. Mr. Richard stated they are not going to light the sign. There will be coach lights on the homes at night. Ms. Bosworth stated the Code does allow them to have some illumination on the sign from the ground up. Mr. Reyes commented that the landscape plan is consistent with what is in the area now. Ms. Bosworth stated each of the model homes came in with the landscape plan with the land -clearing permits, and the additional landscaping is for the parking area. Mr. Alvarez inquired if there is going to be a handicapped restroom facility outside like there was in Sand Crest. Mr. Richard stated they will probably have to provide a handicapped port-o-let outside, as the model homes cannot provide handicapped facilities inside. Ms. Bosworth described that one of the models in Sand Crest had turned the garage into more of a formal showroom, which caused the need for handicapped accessibility to the restrooms, but the models for this project are just single-family homes, which don't cause the need for handicapped accessibility. Mr. Richard stated that will be the building official's decision if he is going to allow a ramp up to the front door, because the bathrooms in their homes are not technically ADA. Mr. Alvarez opined that it should be in the Code to be ADA approved. Ms. Bosworth explained that, since these are single-family homes, the Code doesn't always require them to be handicapped accessible, but if the structure is more of an office/place of business, which the one in Sand Crest was, that was a requirement there. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 21, 2018 Page 4 Ms. Kautenburg asked for public input in favor of the project. Hearing none, she then asked for public input in opposition to the project. Hearing none, she asked for a motion. Motion was made by Mr. Carter and seconded by Mr. Hughan to accept the conditional use permits for two new model homes with adjacent parking at 843 and 855 Roseland Road -- Lots 2, 3 & 4, Block 141, Sebastian Highlands Unit 3 -- Maronda Homes, Inc., with the following conditions: no construction materials or equipment will be stored or parked on the model home property, obtain a separate building permit for the model sign with a monument -style base, no illegal flags or off -premises signs, contractor to remove parking area connecting sidewalks, driveway fences and model signage when the permits expire. Ms. Kautenburg called for a roll call vote. ROLL CALL: Mr. Hughan -- Yes Mr. Alvarez -- Yes Mr. Qizilbash - Yes Mr. Reyes -- Yes Ms. Kautenburg -- Yes Mr. Carter -- Yes Mr. Mauti (a) -- Yes Total vote was 7-0 in favor. Motion carries. Ms. Kautenburg stated that the quasi-judicial public hearing was closed. 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 Mr. Stokes read the item into the record and stated that this Commission's recommendation for or against is required before the item can go before City Council. Ms. Kautenburg asked for input from the staff. Ms. Bosworth described that staff has provided information to the Commission in the past, including information from the State. She stated that staff has studied some ordinances from surrounding communities, heard what the Commission wanted and also what the State will allow. What is before the Commission now is what staff is going PLANNING AND ZONING COMMISSION Page 5 MINUTES OF REGULAR MEETING OF JUNE 21, 2018 to be presenting to City Council and the community regarding short-term vacation rentals. She clarified that when short-term vacation rentals are discussed, based on the State definition and what staff will present in the proposed ordinance, these are vacation rentals that are residential units that are rented out more than three times in a calendar year for periods less than 30 days or one calendar month. She described what is contained in the agenda packet as being the packet that will be given to anyone who presents to the Building Department or the Planning Department. Not included in the packet, but will be supplemented, are the actual business tax receipt and the life -safety permit that the building official will require. The ordinance will require some adjustments, but what is included in the packet constitutes about 95% of what will be presented to City Council. The ordinance will require registration with the City via a local business tax receipt, and what will be included in the ordinance are the requirements that will be added to the General Regulations article, Article VII. The State will not allow the application of these regulations to certain zoning districts; they have to be applied generally. However, the State will allow the addressing of life -safety issues. She stated that staff took most of the information from the Indian River County ordinance that staff previously provided. There will be parking requirements in this ordinance as well as more intense noise guidelines. The procedure for registering is that there must be a business tax receipt acquired, the business must be registered with the State, an account must be established with the Clerk of Court so they can collect a tourist tax. There will also be an affidavit that will require the vacation rentals to post this information in the rental structure along with other items such as where hospitals are situated, garbage collection schedule, how many vehicles can be parked at the rental, maximum number of people who can stay in the rental, which is based on guidelines from the Building Code. Once, or if, this is approved by City Council, staff would like to see an ad or notification in the newspaper, along with sending out flyers to the registered property managers in the City, realtors and others who are involved with vacation rentals. Ms. Bosworth stated that the County has actually hired a company to manage and oversee the actual websites to locate these rentals, but she stated Sebastian is not proposing this; they are depending on more of a community -wide information system. She asked for any questions/comments from the Commission. Mr. Simmons asked if there is anything in this proposal that would be contradictory or not in compliance with state rules and regulations. Ms. Bosworth stated staff feels there is nothing in conflict with state mandates. What has been added are more life -safety issues. PLANNING AND ZONING COMMISSION Page 6 MINUTES OF REGULAR MEETING OF JUNE 21, 2018 Mr. Alvarez asked if the people who have vacation rentals at present are now supposed to be registering, or are they grandfathered in. Ms. Bosworth stated they will all be required to come in and register. She described that the County requires a three-year registry. In order to get the business tax receipt, the City Building Department will send an inspector out to the property to check for working fire alarms, carbon monoxide inspections, etc. The inspector will also insure that what is required to be posted regarding hospitals, garbage collection, etc. is actually posted in the house. The license will have to be renewed every year, but the Building Department will decide how often inspections of the properties will be required. Mr. Alvarez also stated that the issue of homeowners who are renting rooms be addressed. Mr. Stokes explained that an issue is whether it is a permanent or long-term living arrangement versus a transient arrangement, and the long-term living arrangement will not fall under this ordinance. Mr. Reyes asked when someone is renting a room in their house for four months or a year, do they have to meet all those requirements of short-term vacation rentals. Ms. Bosworth stated no, they would not, as long as the rental is for more than three months. Mr. Reyes asked if the life -safety regulations meet ADA requirements for parking. Ms. Bosworth stated no. Mr. Reyes asked what is considered "a reasonable person of normal sensitivity." Ms. Bosworth stated that is a subjective determination. Mr. Stokes added that, since it is very subjective, it is something that would have to be dealt with on a case -by -case basis. Mr. Reyes asked the reason for the inclusion of the garbage pickup schedule, and Ms. Bosworth stated staff thought that it would be helpful for the people to know. Ms. Bosworth added that there are also some time restrictions from 11:00 p.m. to 7:00 a.m. for noise based on normal neighborhood activity. Ms. Kautenburg does not agree that the noise regulations for vacation rentals be any different than they are for any residential property. She stated that overall she thinks the proposal is a benefit to the people who want to rent their properties, while establishing standards to benefit the renters. Regarding the advertisements, she also questioned why so many of the requirements need to be in the ads. Ms. Bosworth stated that many of the vacation rental websites do go into great detail as to what is needed or included with the rental so that the people renting the house know what will be required or expected. Ms. Kautenburg agreed that it be included in the ordinance, but it not be demanded that everyone advertise so much information. Ms. Bosworth stated that is something that can be discussed and could be made a part of Commission's recommendations. Ms. Kautenburg also questioned an item on the inspection sheet: "Emergency lighting at primary exit wired." Ms. Bosworth stated that PLANNING AND ZONING COMMISSION Page 7 MINUTES OF REGULAR MEETING OF JUNE 21, 2018 this will be looked at by the building official to see if it would be included in the ordinance. Ms. Kautenburg also addressed a question about an item on the inspection page regarding posted information inside the unit, emergency room information. She suggested that along with 911 information in case of an emergency, the address of the rental property be posted so that the renters know the address in the event they ever need to summon assistance. Mr. Mauti discussed regarding the life -safety issue, balconies and decks, that there have been instances where balconies/decks have collapsed because of excessive weight, and he feels these decks/balconies need to be inspected to insure their safety prior to them being rented. Ms. Bosworth stated that the life -safety issues and the business tax receipt are the two applications that will be attached to the proposal, and there is a life -safety permit which requires a floor plan. The Building Department will look at that floor plan to see what might be needed regarding life -safety issues. She stated that is something that might be added to the ordinance or set as a special requirement. Mr. Mauti suggested that there be a limit as to the number of people who can be on the deck/balcony, and that should be posted on the deck/balcony. Mr. Mauti also addressed the subject of parking. Ms. Bosworth read the section of the ordinance which addresses parking, which states that all City regulations applicable to a normal residential unit shall also apply to a vacation rental. This applies also to boats and recreational vehicles. Mr. Carter commented that this proposal is a great first step to address the vacation rental subject. Ms. Kautenburg inquired if the proposal addresses what happens when someone does not adhere to the ordinance. Ms. Bosworth stated that in that case a courtesy call be made to the property manager. There will be a section in the ordinance that describes the procedure for addressing continued complaints. Ms. Kautenburg inquired as to how much the fines would be. Ms. Bosworth stated regarding repeated violations, those would involve the property owner, and those cases would go before the Special Magistrate. Mr. Stokes described that after warnings, if the warnings are not heeded, the property owner would be cited and would appear before the Special Magistrate. The Special Magistrate then has the discretion to issue a fine based upon staff recommendation. Initial Code violations are $250.00 a day, but repeat offenses can increase exponentially from there. PLANNING AND ZONING COMMISSION Page 8 MINUTES OF REGULAR MEETING OF JUNE 21, 2018 Mr. Mauti also asked concerning continuous violators of the vacation rental ordinance and whether their licenses can be suspended, and he wishes that subject to be looked into. Mr. Stokes stated there are processes in place where a business license can be revoked. Ms. Kautenburg asked for public input on this matter. • Nancy Munoz stated she thinks this is definitely a positive step. She thinks the answer to this problem is changing the State law, but she appreciates what this Commission is doing on this matter. • Rosemary Bostinto stated she has a residential time share next to her bedroom, and she has new neighbors every weekend, and she wonders how safe she is as a resident. She stated the noise goes on from 6:00 a.m. to 3:00 a.m. She has called the police, but she thinks it is the property manager's duty to enforce the regulations. She also wonders how there can be a business right next door to her in a residential neighborhood. She also mentioned that there is no safety gate around the swimming pool at the next -door unit. Ms. Kautenburg stated that the State has said that all the local governments can do is control the health - safety issues. She stated the City is trying to gain some control over these issues, and if the rules are being broken, a complaint should be filed. • Gary Munoz requested that the parking problem should be addressed and that the renters should be aware of the regulations. He stated that the situation as it is helps to create confrontations. He thinks the regulations for parking, noise, number of occupants in a pool or on a deck, etc. should be published and enforced. He described that the property owner of the unit behind him is an absentee owner who does not take care of his property, and these absentee owners should be held to the same standards as the residents. He has had Code Enforcement and the Sebastian Police out to his home several times, and sometimes more than just a drive -by is necessary. Mr. Hughan inquired whether there is anything in the proposed ordinance that addresses swimming pools. Ms. Bosworth stated that this would be addressed when the property owner/manager brings in their floor plans showing the pool, and there will be a building inspector walking the property. The code regulations for a swimming pool apply to all residences, not just vacation rentals, and the building inspector will identify any violations. PLANNING AND ZONING COMMISSION Page 9 MINUTES OF REGULAR MEETING OF JUNE 21, 2018 Ms. Kautenburg called for a recommendation. A motion was made by Mr. Carter, seconded by Mr. Alvarez that recommendation be made to City Council to review the proposed ordinance 0-18-08, Vacation Rentals. Mr. Stokes suggested that when City Council reads the Minutes of this meeting, they will be informed as to your comments and suggestions. Ms. Bosworth stated she will make sure that City Council gets copies of the Minutes from this meeting, and the items that may need to be addressed as part of the ordinance were how to handle the advertising, the regulations for parking, and the limitations on use of the decks/balconies. Mr. Carter amended his motion to include the items covering advertising, regulations for parking, and limitations on use of the decks/balconies in the recommendation to City Council. Ms. Kautenburg called for a roll call. ROLL CALL: Mr. Reyes -- Yes Mr. Alvarez -- Yes Mr. Mauti (a) -- Yes Mr. Qizilbash -- Yes Total vote was 7-0 in favor. Motion carries. 7. Unfinished Business -- None. 8. Public Input -- None. 9. Commission Matters Mr. Hughan -- Yes Mr. Carter -- Yes Ms. Kautenburg -- Yes Mr. Simmons inquired as to what business is going to be added at the Dollar General building at Fleming Street and CR 512. Ms. Bosworth described the building as a 13,000-square-foot building with two areas at the ends designated as build -to -suit. Staff has no requests for permits on those two sections as of yet. Mr. Simmons also inquired as to the status of the Wendy's project. Ms. Bosworth stated the permit came in on June 1 relating to the screening for the mechanical equipment on the roof, so the screening should be installed in the next couple of weeks. Mr. Alvarez inquired as to if the signage regarding wildlife crossings that was destroyed during the hurricanes can be replaced. Ms. Bosworth stated she will forward Mr. Alvarez' name to the Environmental Planner so he can discuss this matter with her. PLANNING AND ZONING COMMISSION Page 10 MINUTES OF REGULAR MEETING OF JUNE 21, 2018 Mr. Reyes thanked the City for their invitation to Gene Bowles' presentations. 10. City Attornev Matters Mr. Stokes addressed the Sunshine Law and that there may be some more comprehensive training on this subject for all of the City's boards so that everyone is clear on what is required. He explained what the Sunshine Law says is that basically, based upon the board that a person sits on, that person cannot have any discussions with any other board member about any item that may reasonably come before him/her for a vote outside of a public meeting, and he gave some general guidelines. He emphasized that the Sunshine Law only applies to members of the same board, so if someone outside of your board wants to discuss a subject, such as a member of City Council, you could talk to them. He asked that if any of the Commission ever has any questions regarding this matter, to please contact him. Ms. Bosworth inquired concerning the devices that are used to transmit agendas, questions or comments from a board member, etc., could the entire device be looked at for a public records search. Mr. Stokes stated it technically could be, but it would be very unlikely. He said that the appropriate City employees are encouraged to use City phones to transmit City business. He also clarified that, under the Sunshine Law, correspondence can be had from a board member to someone else, but there cannot be a reply so as to become a discussion. Mr. Reyes stated that he uses his work email to contact the City, and he suggested that maybe the City should provide board members City emails, as he would not want to have his work email confiscated relating to City matters. Mr. Stokes said he would talk to the City Manager and to the IT Department regarding this matter. 12. Staff Matters -- None 13. Adiourn -- Ms. Kautenburg called for any further business. Hearing none, she adjourned the meeting at 7:21 p.m. jg