HomeMy WebLinkAbout07/10/2012 (2)COUNTY COMMISSIONERS
MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
SPECIAL CALL MEETING
TUESDAY, JULY 10, 2012 - 5:01 P.M.
County Commission Chamber
Indian River County Administration Complex
180127th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
Gary C. Wheeler, Chairman District 3 Joseph A. Baird, County Administrator
Peter D. O'Bryan Vice Chairman District 4 Alan S. Polackwich, Sr., County Attorney
Wesley S. Davis District 1 Jeffrey R. Smith, Clerk to the Board Ad Interim
Joseph E. Flescher District 2
Bob Solari District 5
1• CALL TO ORDER 5:01 P.M.
2• INVOCATION Commissioner Wesley S. Davis
3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher
4. PUBLIC ITEMS
A• PUBLIC HEARINGS
1. FINAL HEARING: Consideration of Proposed LDR (Land
Development Regulation) Amendments
(Legislative)
_ memorandum dated. June 25, 2012
5. ADJOURNMENT
July 103 2012 —Special Call Public Hearing
X42
Page 1 of 2
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 (TDD # 772-770-5215) at least 48 hours in
advance of meeting.
The full agenda is available on line at the Indian River County Website at www,irc ov.com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, the IRC Courthouse Law Library, and the North County Library.
Commission Meeting may be broadcast live by Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule,
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5:00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
andSaturda at 12:00 Noon to 5 00 p.m.
July 10, 2012 —Special Call Public Hearing
Page 2 of 2
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF S
BOARD OF COUNTY COMMISSIO
JULY 10, 2012
TIN
1. CALL TO ORDER.......................................................................................................................... 1
2. INVOCATION................................................................................................................................. 1
3. PLEDGE OF ALLEGIANCE.......................................................................................................... 2
4. PUBLIC ITEMS............................................................................................................................... 2
4.A. PUBLIC HEARINGS.....................................................................................2
4.A. I . FINAL HEARING: CONSIDERATION OF PROPOSED LDR (LAND
DEVELOPMENT REGULATION) AMENDMENTS (LEGISLATIVE)...................................2
5. ADJOURNMENT..........................................................................................................................14
July 10, 2012 8K 14 2 PG 687
Special Call Meeting 1
JEFFREY R. SMITH
Clerk to the Board
TING OF
BOARD OF COUNTY CO:
FINAL HEARING: CC
EVELO
July 10, 2012
IAN RIVER CO
►IONERS
SIDERATION OF P�
T REGULATION'
ED
�DMENTS
The Board of County Commissioners of Indian River County, Florida, met in a Special
Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, July 10, 2012, to consider proposed Land Development Regulation (LDR)
amendments. Present were Chairman Gary C. Wheeler, Vice Chairman Peter D. O'Bryan, and
Commissioners Wesley S. Davis, Joseph E. Flescher, and Bob Solari. Also present were County
Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy Clerk
Leona Adair Allen.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 5:01 p.m.
2. INVOCATION
Commissioner Davis delivered the Invocation.
Special Call Meeting
1
N a r
3. PLEDGE "r ALLEGIANCE
Commissioner Flescher led the Pledge of Allegiance to the Flag.
4. PUBLIC ITEMS
4.A. PUBLIC HEARINGS
4.A.1. FINAL HEARING: CONSIDERATION OF PROPOSED LDR (LAND
DEVELOPMENT REGULATION) AMENDMENTS (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Planning Director Stan Boling, using a PowerPoint presentation (on file),
reported that this is the second and final hearing to consider amendments to various Land
Development Regulations (LDRs). He stated that several of the proposed regulations include
LDR amendments that implement the adopted Evaluation and Appraisal Report (EAR)
Comprehensive Plan policies; however, the LDR amendments under consideration do not
include the Urban Service Boundary buffer initiative or the West Gifford initiative. He reviewed
the proposed LDR amendments and pointed out that the proposed revisions would: (1) revise the
previously proposed changes to the definition of hotel/motel and add a provision specifically
allowing residential dwelling units to be rented out for short-term vacation stays; and (2) delete
the previously proposed changes that would implement density transition area Future Land Use
Element (FLUE) Policy 1.48. He also noted that the County's LDRs need to be amended to be
consistent with the EAR amendments to the Comprehensive Plan, and the other proposed
amendments that were initiated by staff, and the Commissioners at the Board of County
Commission meeting of June 19, 2012. He thereafter summarized the points from an e-mail he
received from David Risinger (on file) regarding his objections to short-term stay issues, and the
responses from the County Attorney.
July 10, 2012
Special Call Meeting
2
The Chairman opened the Public Hearing,
THE FOLLOWING INDIVIDUALS SUPPORTED SHORT-TERM RENTAL UNITS:
Glenn Powell, 12845 Bay Street, Roseland, said he was the "poster child" for short-term
vacation rentals; therefore, he provided background and reiterated concerns from when he spoke
at the Board of County Commission meeting of June 19, 2012, regarding issues of short-term
vacation rentals, individual property rights, the County Code being silent on short-term rental
times and limitations, and the role of the government controlling private ownership rights.
John Conway, owner of Sebastian Riverfront Resort, and Sebastian Vacation Rentals
Bill Waterman, 460 10th Place SW, Oakridge, licensed vacation manager
THE FOLLOWING INDIVIDUALS OPPOSED SHORT-TERM RENTAL UNITS:
David Hunter, resident of Central Beach, Indian River County
Jim Gregg, landlord, lives in gated community
Terry Potts, Board Member of Amelia Plantation Property Owners' Association
Beth Casano, 1610 3`d Court, Rockridge Property Owners' Association President
Randy Fryar, owner of four properties in Indian River County
Susan Aiken, Floralton Beach Subdivision
Special Call Meeting
3
Commissioner Davis sought and received details on now to differentiate between
legitimate and non -legitimate rental businesses.
Commissioner Flescher clarified that legitimate short-term rental businesses are licensed,
inspected by the County Health Department, and lodging taxes are collected when the dwellings
are rented (7% for State, 4% for County).
Community Development Director Bob Keating affirmed for Vice Chairman O'Bryan
that Code Enforcement could/would address complaints regarding bad behavior at short-term
rentals.
Chairman Wheeler expressed that those living in gated communities should address
concerns and issues through their Property Owners' Association. He did not want to pass an
orA,
nance that would prevent short-term vacation rentals Countywide.
Director Boling, in response to Commissioner Davis, disclosed that the existing
definition is unclear, and staff's interpretation of the County Ordinance is that to rent for less
than 30 days constitutes a hotel/motel usage.
Director Keating confirmed that the current code is enforceable, but believed it would be
best to clarify, not chan
ge it.
Attorney Polackwich explained why the ordinance is unclear, and why staff reached its
conclusion by implication, rather than by a direct sentence in the definition stating that an
y
structure offering a combination of rooms for rent or lease for longer than one month at a time,
shall not be considered a hotel or motel. He made it clear that the definition does not expressly
address the question of what happens if a property is rented for less than a month; therefore, staff
interpreted the provision to mean that if a house is rented for less than one month, it is regarded
as a hotel/motel.
July 10, 2012
Special Call Meeting
Chairman Wheeler believed that most of the complaints would have occurred whether the
ordinance addressed the situation or not, since those individuals are probably operating illegal
rentals. He also emphasized that anytime a citizen suspects that someone is renting without a
license, they need to call Code Enforcement.
There being no additional speakers, the Chairman closed the Public Hearing.
Commissioner Davis favored weekly rentals, observed that the individuals not doing the
right thing are causing the problems, and felt that passing a regulation that would not permit
short-term rentals would put the law abiding landlords out of business.
Commissioner Flescher shared Commissioner Davis's sentiments. He believed that
approving the amendments would make things better. He said he would rather see rental houses
registered and well maintained, as opposed to those that cannot be rented and left to fall into
Foreclosure. He concluded that adopting the proposed ordinances would be the best option for all
County citizens.
Vice Chairman O'Bryan determined that most issues with short-term rentals were due to
a lack of communication. He believed issues/situations could be resolved if people would be
good neighbors, and more proactive. He thanked the speakers for expressing their opinions, and
said that if they have any issues, to contact staff or the Commissioners to ensure the property is
being rented legally.
Commissioner Solari understood the perspectives of both the landlords and the residents
of the neighboring propert
ies. He believed the existing mechanisms could deal with the issues,
and if the Board prevented people from renting short-term rentals, and made them annual rentals,
it might be just as bad. He wanted the County to continue making people aware of the County
Code, local laws, and State mechanisms; therefore he suggested staff research the State
mechanisms and develop something in terms of local mechanisms that could be used and readily
available to those with complaints.
Special Call Meeting
E
�4� PG b�
2
MOTION WAS MADE by Vice Chairman O'Bryan,
SECONDED by Commissioner Solari, to adopt the 18
ordinances as proposed by staff.
Chairman Wheeler concurred with the other Commissioners' comments and added that
many problems in the neighborhoods have not "just been brought to light," but believed they
have been going on for years, either illegally or through Code Enforcement violations.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously
following ordinances:
The Board adopted the
Ordinance 2012-013 concerning amendments to its Land
Development Regulations (LDRs); providing for
amendments to Chapter 901, Definitions, by amending
definitions in alphabetical order in Section 901.03, and by
providing for repeal of conflicting provisions;
codification; severability; and effective date.
Ordinance 2012-014, concerning amendments to its Land
Development Regulations (LDRs); providing for
amendments to Chapter 902, Administrative Mechanisms,
by amending appeals from decisions of the Community
Development Director or his designee Section 902.07; and
by amending Technical Review Committee Section
902.10; and by providing for repeal of conflicting
provisions; codification; severability; and effective date.
July 10, 201'2
Special Call Meeting
=fit 14 2 PG 6��
Ordinance 2012-015, concerning amendments to its Land
Development Regulations (LDRs); providing for
amendments to Chapter 904, Nonconformities, by
amending Expansion, Increase, or Change of
Nonconformities Section 904. 05, by amending
Reconstruction of Nonconformities Section 904.07, by
amending Cessation of Nonconformities Section 904.08,
and by providing for repeal of conflicting provisions;
codification; severability; and effective date.
Ordinance 2012-016, concerning an amendment to its
Land Development Regulations (LDRs); providing for
amendments to Chapter 911, Zoning; and Chapter 912,
Single Family Development by Revising Establishment of
Districts Section 911.03; by amending Application of
District Regulations Minimum Yard and Setback
Requirements Section 911.04, by revising Conservation
District Boundaries Section 911.05(3); by revising Uses
Sections 911.06(4), 911.07(4), 911.08(4)5 911.09(4),
911.10(4), 911.11(4)3 911.12(4)3 911.13(2), 911.13(3), and
911.13(4); by revising Size and Dimension Criteria
Sections 911.06(6), 911.07(7), 911.08(7), 911.09(8),
911.10(7), 911.11(8), 911.12(6), 911.13(1)(F)3
11013(2)(E)5 911.13(3)(H), and 911.13(4)(G);
by
amending Single -Family District Required Buffer Yards
Section 911.07(8), by revising Multi -Family District
Required Buffer Yards Section 911.08(9); by revising
Commercial Required Buffer Yards Section 911.10(8); by
revising Special District Requirements Section 911.10(9);
by revising Planned Development Density Bonus Section
Yinu
July 10, 2012
Special Call Meeting
7
�4Z PG 6�4
911.14(4); by modifying Planned Development District
911.14(5) and adding 911.14(6); by revising General
Provisions Yard Encroachment Section 911.15(2); by
revising Accessory Uses and Structures Section 912.05(3);
by revising Home Occupations Section 912.05(6); by
revising Setbacks for Certain Types of Structures Section
912.07(1)(b)(6); by revising Accessory Uses and
Structures Section 912.15(1); providing for repeal of
conflicting provisions; codification; severability; and
effective date.
Ordinance 2012-017, concerning amendments to its Land
Development Regulations (LDRs); providing for
amendments to Chapter 911, Accessory Uses and
Structures, by amending portions of Section 911.22, other
Corridors Special Development; and by providing for
repeal of conflicting provisions; codification; severability;
and effective date.
Ordinance 2012-018, concerning amendments to its Land
Development Regulations (LDRs); providing for
amendments to Chapter 913, Subdivisions and Plats; and
Chapter 914 Site Plan Review and Approval Procedures,
by amending Procedures and Requirements for Submitting
and Processing Subdivision Applications Section 913.07,
by amending Design Standards and Requirements Section
913.09, and by amending Time Limitations on Site Plan
July 10, 2012
Special Call Meeting
Approvals Section 914.08, by providing for repeal of
conflicting provisions; codification; severability; and
effective date.
Ordinance 2012-019, concerning an amendment to its
Land Development Regulations (LDRs); providing for
amendments to Chapter 910, Concurrency Management
System and Chapter 952, Traffic; by amending
Determination of Concurrency, Components Section
910.09; by amending Traffic Impact Study Regulations
Section 952.07, and by amending Access Control
Regulations Section 952.12, by providing for repeal of
conflicting provisions$ codification; severability; and
effective date.
Ordinance 2012-020, concerning amendments to its Land
Development Regulations (LDRs); providing for
amendments to Chapter 971, Regulations for Specific
Land Uses, by amending Agricultural Uses Section
971.08; by amending Community Service Uses Section
971.14; by amending Industrial Uses Section 971.26; by
amending Industrial Uses, Very Heavy Section 971.27; by
amending Institutional Uses Section 971.28; by amending
Recreational Uses Section 971.40; and by amending
Residential Uses Section 971.41; and by providing for
repeal of conflicting provisions; codification; severability;
and effective date.
July 10, 2012
Special Call Meeting
E
Ordinance 2012-021 concerning amendments to its an
Development Regulations (LDRs); providing for
amendments to Chapter 915, Planned Development (P.D.)
Process and Standards for Development, by adding
sections on Mixed Use Standards and Traditional
Neighborhood Design Standards, and by providing for
repeal of conflicting provisions; codification; severability;
and effective date.
Ordinance 2012-022, concerning amendments to its Land
Development Regulations (LDRs); providing for
amendments to Chapter 972, Temporary Uses, by
amending 972.08 Specific Uses, Standards and
Requirements, and by providing for repeal of conflicting
provisions; codification; severability; and effective date.
Ordinance 2012-023, concerning amendments to its Land
Development Regulations (LDRs); amending Chapter
901, Definitions, by defining Compensatory Storage and
North American Vertical Datum; amending Chapters 901,
913, 914, and 930 by revising elevation references from
National Geodetic Vertical Datum to North American
Vertical Datum; and by providing for repeal of conflicting
provisions; codification; severability; and effective date.
July 10, 2012
Special Call Meeting
Til
Ordinance 2012-024, concerning amendments to its Land
Development Regulations (LDRs); providing for
amendments to Chapter 912, Single -Family Development,
and Chapter 917, Accessory Uses and Structures, by
amending Fences and Walls Section 912.14, and specific
Accessory Uses and Structures Section 917.06(12); and by
providing for repeal of conflicting provisions;
codification; severability; and effective date.
Ordinance 2012-025, concerning amendments to its Land
Development Regulations (LDRs); providing for
amendments to Chapter 918, Sanitary Sewer and Potable
Water Regulations, and Chapter 926 Landscape and
Buffering Regulations, by amending the Chapter 918
Title, by amending Sanitary Sewer and Potable Water
Regulations Section 918.04, by amending Water and
Wastewater Requirements for New Development Section
918.05, by adding Effluent Re -Use Water Connection
Requirements for New Development Section 918.06, by
adding Use of Water from Retention Ponds Section
918.07, by amending Irrigation Standards Section
926.11(2)(F); by amending Replacement of Required
Landscaping Section 926.12(3); and by providing for
repeal of conflicting provisions; codification; severability;
and effective date.
July 10, 2012
Special Call Meeting
11
r i • •
pi• � 0
Ordinance 2012-026, concerning amendments to its Land
Development Regulations (LDRs); providing for
amendments to Chapter 927, Tree Protection and Land
Clearing, by amending Section 927.06, Exemptions, by
exempting single-family residential lots one acre or less in
area from tree removal permitting; by amending Section
927.17, Penalties and Enforcement, by changing the
penalty for unpermitted removal of protected cabbage
palms and modifying after -the -fact permitting allowances;
and by providing for repeal of conflicting provisions;
codification; severability; and effective date.
Ordinance 2012-027, concerning amendments to its Land
Development Regulations (LDRs); providing for
amendments to Chapter 928, Wetlands and Deepwater
Habitat Protection, by amending Determination of
Wetlands and Deepwater Habitats Delineation and
Functional Value Section 928.304; and by amending
Activities Subject to Regulations and Restrictions Section
928.05, and by providing for repeal of conflicting
provisions; codification; severability; and effective date.
Ordinance 2012-028, concerning amendments to its Land
Development Regulations (LDRs); providing for
amendments to Chapter 929, Upland Habitat Protection,
by amending St. Sebastian River and Indian River Lagoon
Aquatic Preserve Shoreline Protection Buffer Zone
Section 929.07, and by providing for repeal of conflicting
provisions; codification; severability; and effective date.
July 10, 201 Z '
Special Call Meeting
12
Ordinance 2012-029, concerning an amendment to its
Land Development Regulations (LDRs); providing for
amendments to Chapter 954, Off -Street Parking, by
Revising Parking Standards; Automotive Vehicles Section
954.05; by revising Non -Concurrent Parking Study
Section 954.08(2); by revising No Similar Use Study
Section 954.08(3); by revising Unpaved Vehicle Storage
Lots Section 954.08(6); and by revising Off -Street
Loading Regulations Section 954.09; providing for repeal
of conflicting provisions; codification; severability; and
effective date.
Ordinance 2012-030, concerning amendments to its Land
Development Regulations (LDRs); providing for
amendments to Chapter 956, Sign Regulations, by
amending Administration of Sign Permit Application
Fees, by amending exemptions to permitting procedures to
include carried signs and free expression signs, by
amending provisions for certain prohibited signs, by
amending temporary sign permit provisions, by adding a
time limitation for display of active subdivision or real
estate development signs, by creating Section 956.19 to
reference addition sign regulations in designated corridors,
and by providing for repeal of conflicting provisions;
codification; severability; and effective date.
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
July 10, 2012
Special Call Meeting
5. ADJOURNMENT
There being no her business, the Chairman declared the meeting adjourned at
6:35 p.m.
ATTEST:
Clerk of Circuit Court and Comptroller
Minutes Approved: SEP � � 2��2
July 10, 2012
Special Call Meeting
Gary C.
LC!
,Chairman
X42 P6 ?01