planning and zoning commission (p&z) - Indian River County

PLANNING AND ZONING COMMISSION (P&Z)

Charles E. Rednour-District 1 Jonathan Day-District 4 Maria Caldarone-District 3 Brad Emmons-District 5

Todd Brognano-Member at Large, Vice Chairman Jordan Benson Stewart - Member at Large

Shawn Frost - Non-voting liaison School Board

Alan S. Polackwich, Sr.-District 2, Chairman

The Planning and Zoning Commission will meet at 7:00 p.m. on THURSDAY, May 26, 2016, in the County Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach.

THE PLANNING AND ZONING COMMISSION SHALL ADJOURN NO LATER THAN 11 :00 P.M. UNLESS THE MEETING IS EXTENDED OR CONTINUED TO A TIME CERTAIN BY A COMMISSION VOTE.

ITEM#l

ITEM#2

ITEM#3

ITEM#4

AGENDA

CALL TO ORDER AND PLEDGE OF ALLEGIANCE

ADDITIONS AND DELETIONS TO THE AGENDA

APPROVAL OF MINUTES

A. April 14, 2016

ITEM ON CONSENT

A. Osprey Village: Request for major site plan and preliminary plat approval for a 56-unit multiple-family residential development to be known as Osprey Village, the relocation of an existing golf hole, and the creation of a 2. 86 acre future commercial tract. GH Vero Beach Development, LLC, Owner. Masteller & Moler, Inc., Agent. Located at the southeast comer of the Indian River Blvd and 53rd Street intersection. Zonings: RM-6 (Residential Multi-Family up to 6 units/acre) and CG (General Commercial). Land Use Designations: M-1 (Medium-DensityResidential 1 upto 8 units/acre) and C/I (Commercial/Industrial). Density: 5.88 units/acre (SP-MA-16-05-09 I 2003010231-76303) [Quasi-Judicial]

F·ICommonitv nevelnr ment\CurOev\P&Z\A!!enda & lists 2016\S,26-16 agenda.doc

ITEM#5

ITEM#6

ITEM#7

ITEM#8

ITEM#9

PUBLIC HEARING

A. Consideration of Proposed Vacation Rental Ordinance Establishing a Local License Requirement and Vacation Rental Regulations [Legislative}

COMMISSIONERS MATTERS

PLANNING MATTERS

A. Planning Information Package

ATTORNEY'S MATTERS

ADJOURNMENT

Except for those matters specifically exempted under the State Statute and Local Ordinance, The Commission shall provide an opportunity for public comment prior to the undertaking by the Commission of any action on the agenda, including those matters on Consent Agenda or matters added to the agenda at the meeting.

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 ON WHICH THE APPEAL IS BASED.

ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 772-226-1223, AT LEAST 48 HOURS IN ADVANCE OF THE MEETING.

Meeting may be broadcast live on Comcast Cable Channel 27 - may be rebroadcast continuously Saturday 7:00 p.m. until Sunda momin 7:00 a.m. Meetin broadcast same as above on Comcast Broadband, Channel 27 in Sebastian.

F:\Communitv Development\Cl!fDev\P&Z\Ap;enda & lists 2016\5-26-16 agenda.doc 2

PLANNING AND ZONING COMMISSION

There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, April 14, 2016 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County website www.ircgov.com/Boards/PZC/2015.

Present were members: Charles Rednour, District 1 Appointee; Chairman Alan Polackwich Sr., District 2 Appointee; Maria Caldarone, District 3 Appointee; Dr. Jonathan Day, District 4 Appointee; Jordan Stewart, Member-at-Large; and Shawn Frost, non-voting School Board Liaison.

Brad Emmons, District 5 Appointee and Todd Brognano, Member-atLarge, were absent.

Also present was IRC staff: Bill DeBraal, Deputy County Attorney; Stan Boling, Community Development Director; John McCoy, Chief of Current Development; William Schutt, Senior Economic Development Planner; and Lisa Carlson, Recording Secretary.

Call to Order and Pledge of Allegiance

The meeting was called to order at 7:00 p.m. and all stood for the Pledge of Allegiance.

Additions and Deletions to the Agenda

There were none.

Approval of Minutes

ON MOTION BY Dr. Day, SECONDED BY Mr. Rednour, the members voted unanimously (5-0) to approve the minutes of the meeting of February 11, 2016, as presented.

Item on Consent

Chairman Polackwich read the following into the record:

A. Wisneski Accessory Single-Family Dwelling: Request for administrative permit use approval for an accessory single-family dwelling unit. Robert Wisneski, Owner. Located at 154 11th Avenue. Zoning: RS-6

PZC/Unapproved 1 April 14, 2016

(Residential Single-Family up to 6 units/acre). Land Use Designation: L-2 (Low-Density Residential 2 up to 6 units/acre). (AA-16-05-57 I 2010010022-76413) [Quasi-Judicial]

Chairman Polackwich asked the Commissioners to reveal any ex-parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. The members stated that they had not had any exparte communication.

ON MOTION BY Dr. Day, SECONDED BY Mr. Stewart, the members voted unanimously (5-0) to approve staff recommendations on th is QuasiJudicial matter.

Item Not on Consent

Chairman Polackwich read the following into the record:

A. The Lakes at Waterway Village POD R: Request for preliminary planned development (PD) plan approval for 88 units (44 duplexes). DiVosta Homes LP, Owner. Kimley-Horn & Associates, Inc., Agent. Located midway between 49th Street and 53rd Street just east of the future 43rd Avenue extension. Zoning Classification: PD (Planned Development). Land Use Designation: L-2, Low Density 2 - Residential (up to 6 units per acre). Density 2.29 units/acre (overall). [QuasiJudicial]

Chairman Polackwich asked the Commissioners to reveal any ex-parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. The members stated that they had not had any exparte communication.

The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter.

Mr. John McCoy, Chief of Current Development, reviewed information regarding the proposed preliminary PD plan approval and gave a PowerPoint presentation, copies of which are on file in the Commission Office. He recommended that the Commissioners approve the preliminary PD plan with the conditions listed in the staff report related to landscape plan approval, planting perimeter buffers and adjacent off-site sidewalks.


Mr. Arthur Eisdorfer, HOA President of the Isles at Waterway Village, which was the first phase of the proposed development, spoke regarding lessons learned since their community was constructed. He detailed issues relating to grading between homes, yard drains and landscaping species and locations. He stressed that there is opportunity to design better in the future.

Mr. McCoy responded that he would provide copies of Mr. Eisdorfer's comments to the developer's representative as well as the County's engineering department for use in evaluating future designs and practices, particularly where landscape material is involved.

Stan Boling, Community Development Director, added that it usually takes a number of years before a developer turns a property over to a homeowner's association so landscaping issues tend to show up and get resolved in the interim. He assured Mr. Eisdorfer that his comments would be taken to heart by staff when making future recommendations to the project landscape professional.

ON MOTION BY Mr. Stewart, SECONDED BY Dr. Day, the members voted unanimously (5•0) to approve staff recommendations on this Quasi• Judicial matter.

Public Hearing

William Schutt, Senior Economic Development Planner, discussed the County initiated request to amend the text of several elements of the County's Comprehensive Plan. He first educated the Commission as to the County's process and timeline for processing the proposed amendments and then detailed the actual proposed changes. The proposed amendments pertain to future land use, solid waste, transportation, economic development and recreation and open space elements and sub-elements.

A discussion ensued concerning clarification of several of the proposed amendments.

ON MOTION BY Dr. Day, SECONDED BY Mr. Rednour, the members voted unanimously (5•0) to approve staff recommendations on this Legislative matter.

Commissioner's Matters

There were none.

PZC/U napproved 3 April 14,2016

Planning Matters

Mr. Stan Boling updated the Commission regarding BCC actions on some previous cases brought before them and that a pro posed vacation rental ordinance would be scheduled for the on May 26, 2016 meeting.

Mr. Boling advised that there would be no need for an April 28, 2016 meeting and that he expected the next meeting to be on May 12, 2016.

Attorney's Matters

There were none.

Adiournment

There being no further business, the meeting adjourned at 7:43 p.m.

Chairman Alan Polackwich Date

Lisa Carlson, Recording Secretary Date


INDIAN RIVER COUNTY, FLORIDA. MEMORANDUM

TO: The Members of the Planning and Zoning Commission

DEPARTMENT HEAD CONCURRENCE:

~ Stan Boling, AIC(jtommu.nity Developm:rW~ rector

THROUGH: John W. McCoy, AICP; Chief, Current Development

FROM: Ryan Sweeney; Senior Planner, Current Developmen#

DATE: May 17, 2016

,1.\JOt{ sn t:: PLAN / l'l·H '.U 'U l'- /\ 1n PL.\ r

(CO\'SE:'J I )

SUBJECT: GH Vero Beach Development LLC's Request for Major Site Plan and Preliminary Plat Approval for Osprey Village [SP-MA-16-05-09 / 2003010231-76303]

It is requested that the data herein presented be given formal consideration by the Planning and Zoning Commission at its regular meeting of May 26, 2016.

DESCRIPTION & CONDITIONS

Masteller & Moler, Inc., on behalf of GH Vero Beach Development LLC, is requesting major site plan and preliminary plat approval for a 56-unit multiple-family residential development to be known as Osprey Village. The project also proposes to relocate an existing golfhole (hole #3 of the Harbor Course at Grand Harbor), and create a 2.86 acre commercial tract for future development. The site is located at the southeast comer of the Indian River Boulevard and 53ro Street intersection, and is 18.20 acres in size. Approximately ±9.52 acres of the project site (generally the east half) is zoned RM-6, Residential Multiple-Family (up to 6 units/acre), and the remaining ±8.68 acres (generally the west half) is zoned CG, General Commercial ( see attachment 2). The project site has a land use designation of M-1, Medium-Density Residential-I (up to 8 units/acre) and C/1, Commercial /Industrial, respectively.

The residential portion of the project consists of 7 separate 3-story buildings, with each building containing 8 dwelling units, for a project total of 56 units, and a residential density of5.88 units per acre. As shown on the accompanying site plan, the residential portion of the project will be located entirely within the RM-6 zoning district, the relocated golf hole will be located partially within the RM-6 zoning district and partially within the CG zoning district, and the future commercial tract will be located entirely within the CG zoning district. At this time, no development is proposed on the commercial tract. Future commercial development will require a separate site plan application.

The Planning and Zoning Commission is now to consider granting major site plan and preliminary plat approval for this project.

F:\Community Development\Cui:Dev\P&Z\2016\OspreyVillage(SP-MA-16-05-09).docx I

ANALYSIS

1. Site Size: 18.20 acres

2. Zoning Classifications: RM-6, Residential Multiple-Family (up to 6 units/acre): 9.52 acres CG, General Commercial: 8.68 acres

3. Land Use Designations: M-1, Medium Density Residential (up to 8 units/acre): 9.52 acres

4.

5.

6.

7.

Density:

C/1, Commercial/Industrial: 8.68 acres

Maximum Allowed: Proposed:

6.00 uni ts/acre 5.88 units/acre

Note: The density calculation is based on the portion of the project site that is zoned RM-6.

Building Area:

Impervious Area:

Open Space:

53,704 square feet (ground floor area of the 3-story buildings)

108,202 square feet

Required: 34.01 % Proposed: 87.91 %

Note: The project's required open space percentage is a blended average between the portion of the site that is zoned RM-6 and the portion that is zoned CG. Currently, the project's proposed open space percentage is based on the commercial tract remaining undeveloped. In the future, the project's actual open space will be adjusted (reduced) to account for the development areas of that tract.

8. Utilities: The project will be served by public water and sewer service provided by County Utility Services. The County Department of Utility Services and the Department of Health have approved these project utility provisions.

9. Traffic Circulation: Access to the residential portion of the project will be provided by a single, full-movement connection to Via Marbella Boulevard, which is a private road within the overall Grand Harbor community. The proposed traffic circulation plan consists of a single, two-way private road (Osprey Village Road) that terminates in a driving circle. The internal roadway system will be privately maintained by, and dedicated to, the property owners association. Access to the proposed commercial tract will be determined through a subsequent development review process for that site. Access to the relocated golf hole will be provided via an internal golf cart pathway system.

The driveway connection, traffic circulation plan, and roadway design proposed on the accompanying site plan have been reviewed and approved by Traffic Engineering and Fire Prevention. Additionally, Traffic Engineering reviewed and approved the traffic link sheets submitted by the applicant. No off-site traffic improvements are required or proposed for the

F:\Community Development\CurD~\P&Z\2016\OspreyVillage(SP-MA-16-05-09).docx 2

residential portion of the project. Off-site traffic improvemen ts for the future commercial tract (if applicable) will be determined through a subsequent traffic analysis conducted as part of the commercial site plan application.

10. Off-Street Parking: As required by County parking standards, each residential unit must be provided at least two parking spaces. As proposed, each unit ·will be provided with at least two parking spaces, and those spaces are provided within ground-level parking garages located at the base of each multiple-family building.

11. Stormwater Management: The project's site plan design includes a modified Miami curb street design and two dry retention areas to manage some of the runoff generated by the residential portion of the project. Additionally, a stormwatern1anagementpond with littoral zone plantings will be provided along the east side of the relocated golf hole, and that pond will receive runoff from the golf hole as well as the remaining runoff generated by the residential portion of the project. Public Works has reviewed and approved the project's preliminary drainage design. The final drainage design will be reviewed and approved by the Public Works Department via the County stormwater permitting process.

12. Required Improvements:

a. Internal Sidewalks: A 5' wide sidewalk is required and proposed along both sides of the project's internal roadway. Additionally, sidewalk connections to the Via Marbella Boulevard sidewalk system (within the overall Grand Harbor community) are provided on both sides of the project's entrance road. Ultimately, the Via Marbella Boulevard sidewalk system provides a sidewalk connection to the external sidewalk system provided along Indian River Boulevard and 53rd Street. The applicant will be required to provide all common area internal sidewalk segments prior to the issuance of the first project certificate of occupancy (C.O.). The internal sidewalk segments located immediately in front of each multiple-family building must be installed, prior to issuance of the first C.O. for that respective building.

b. Streetlighting: Streetlights are required and will be maintained by the property owners association. The proposed streetlight locations are depicted on the accompanying plans. The final design of the streetlighting poles and fixtures must be approved by Planning staff, prior to site plan release. The streetlighting improvements must be installed, prior to the issuance of the first project C.O.

13. Landscape Plan: The project's landscape plan meets all applicable landscaping regulations of Chapter 926 of the County LDRs, including thoroughfare plan/local road buffers for Indian River Boulevard and Via Marbella Boulevard, nonvehicular area landscaping, lake shoreline trees, and littoral zone plantings. All of the landscaping identified on the accompanying landscape plan will need to be installed prior to the issuance of the first project C.O.

F:\Community Development\CurDev\P&Z\20 l 6\OspreyVillage(SP-MA· l 6-05-09).docx 3

14. Environmental Issues:

a. Wetlands: County Environmental Planning Staff has determined that no jurisdictional wetlands exist on the subject. site. Therefore, no wetlands criteria apply to the proposed development.

b. Uplands: Since the site is over five acres, the County's native upland set-aside requirement potentially applies; however, County Environmental Planning staff has determined that no intact native upland plant communities exist on the project site. Therefore, no native upland set-aside requirements apply to the proposed development.

c. Tree Preservation: There are numerous existing trees located on the southern one-third of the project site. Most of the existing trees located on the golf hole tract will either b e preserved in place or relocated on-site (within the golf hole tract); however, a few trees will be removed and mitigated by planting new trees on-site. Currently, the trees located within the future commercial tract will remain undisturbed, and the disposition of those trees will be reviewed when the future commercial tract is proposed for development.

15. Other Corridors Requirements: The subject site is located w ithin the Other Corridors, and is subject to Other Corridors special regulations for building aesthetics including articulation of facades, materials, colors, lighting, for screening of visually offensive elements, for signs, and for landscaping. The accompanying plans generally meet the Other Corridors special development regulations. However, the final architectural design details ( e.g. final building colors and final lighting design) will need to be reviewed and approved by Planning staff, prior to site plan release.

16. Concurrency: As required under the County's concurrency regulations, the applicant has applied for and obtained a conditional concurrency certificate for the project, which is sufficient for site plan and preliminary plat approval. The concurrency certificate was issued based upon a concurrency analysis and a determination that adequate capacity was available to serve the subject project at the time of the determination. In accordance with County concurrency regulations, the developer will be required to obtain a final concurrency certificate prior to issuance of a building permit for each multiple-family building, and prior to site plan release for the future commercial tract, respectively.

17. Surrounding Land Use and Zoning:

North: Via Marbella Boulevard, The Reserve at Grand Harbor /,RM-6 East: The Harbor Golf Course/ RM-6 South: Golf Course Maintenance Facility/ RM-6 West: Indian River Boulevard, Vacant / CL

All conditions recommended by staff have been accepted by the applicant.

F:\Community Development\CurDev\P&Z\2016\OspreyVillage{SP-MA-16-05-09).docx 4

RECOMMENDATION

Based on the analysis performed, staff recommends that the Planning and Zoning Commission grant major site plan and preliminary plat approval for Osprey Village with the following conditions:

1. Prior to site plan release, the applicant shall: a. Obtain Planning staff approval for the project's final architectural design details, and

streetlight details.

2. Prior to the issuance of the first project certificate of occupancy ( C.O.), the applicant shall: a. Install all landscape improvements, as depicted on the project landscape plan. b. Install all mitigation trees, as depicted on the project landscape plan c. Install all streetlight improvements, as depicted on the project site plan. d. Install all internal common area sidewalks, as depicted on the project site plan.

3. Prior to issuance of the first C.O. for each multiple-family building, the applicant shall install the internal sidewalk segment for that respective building.

Attachments:

1. Applications 2. Location Map 3. Aerial 4. Site Plan with Preliminary Plat Overlay 5. Landscape Plan

F:\Community Development\CurDev\P&Z\2016\OspreyVillage(SP-MA-16-05-09).docx 5

MAJOR SITE PLAN (SPMJ) APPLICATION

PROJECT NAME (Please Print): "Osprey VIiiage" / Harbor Course Golf Hole #3 ( Luther East Parcel/ Pod Ia)

PROPOSED PROJECT USE: Construct a golf hole with stormwater management pond (10.89 Ac} & construct (7) three-story multi-family bulldlngs containing a total of (56) units (4.45 Ac). The remaining 2. 86 Ac Is fur future commercial

CORRESPONDING PRE-APPLICATION CONFERENCE PROJECT NAME AND CDPLUS ASSIGNED FILE NUMBER (IF ANY): Harbor Course Golf Hole #3 - Luther East Parcel

PROJECT#: 2003010231 - 7 /,3 {)3

OWNER: (PLEASE PRINl)

GH Vero Beach Development, LLC NAME

2231 Falls Circle ADDRESS

Vero Beach, FL 32967 CITY, STATE.ZIP

(772) 794-7811 PHONE NUMBER

[email protected] EMAIL ADDRESS

Christopher J. Cleary, President CONTACT PERSON

PROJECT ENGINEER: (PLEAS

Masteller & Moler, Inc. NAME

1655 27th Street, Suite 2 ADDRESS

Vero Beach, FL 32960 CITY, STATE, ZIP

(772} 567-5300 PHONE NUMBER


Stephen E. Moler, PE, Vice President CONTACT PERSON

SP-MA- I to - 0 5 -0 q -----=----

AGENT (PLEASE PRINT)

NAME

ADDRESS

CITY, STATE, ZIP

PHONE NUMBER

EMAIL ADDRESS

CONTACT PERSON

Masteller, Moler & Taylor, Inc. NAME

1655 27th Street, Suite 2 ADDRESS




David M. Taylor, PSM, President CONTACT PERSON

....

·"

1801 27th Street, Vero Beach FL 32960 ATTACHMENT i

F:\COMMUNlIY DEVEWPMENI\APPLICA TIONS\Ct IRDEV APPIJCATIONS\MAJOR SP APP PACJ.CET.DOC ~led 111n1111Y 2013 Page 13 of IS

"'Proposed project use for zoning district is (circle one)

*AMOUNTOFNEWIMPERVIOUS SURFACE:

•sITE ADDRESS: 5250 Indian River Boulevard

@fi@) ADMJNJSTRATIVE PERMIT

.;2, 3L, arces

*SITE TAX PARCEL ID#(s): 32-39-23-0000-3000-00001.0 & 32-39-23-0000-3O00-00002.0

•1s ALL OR A PORTION OF PROJECT IN ENVIRONMENTALLY SENSrITVB AREA AS DESIGNATED ON 1llE COMPREHENSIVE PLAN OR ADDRESSED IN A PRE-APP CONFERENCE? __ YES ~ NO

•ZONING: RM-6 ' C(:a FLUE: _M_-_1 +f _t'-"'(J:.=-------•TOTAL (GROSS) ACREAGE OF PARCEL: 18.20 Ac ----------------------• AREA OF DEVELOPMENT (NET) ACREAGE: 15.34 Ac ---------------------•PROPOSED CHANGES TO EXISTING DEVELOPMENT (IF APPLICABLE}:

NUMBER OF UNITS: FROM TO A.

B. ------------- -----------

DENSITY: FROM UNITS PER.ACRE TO UNITS PER ACRE ------- ------•USES BY SQUARE FEET GROSS BUILDING AREA RESULTING FROM MODIFICA. TION (E.G. RETAIL; 5,000)

USE: SQ.FT.:

USE: SQ.FT.:

USE: SQ.FT.:

USE: SQ. FT.:

**Please Complete Major Site Plan Submission Checklist**

A PRE-APP CONFERENCE IS REQUIRED IF PROJECT IS OVER 20 UNITS OR 40,000 SQ. FT. NEW IMPERVIOUS SURFACE. (IF THIS DESCRIBES YOUR PROJECT, STOP HERE AND COMPLETE AND SUBMIT A PRE-APP CONFERENCE APPLICATION)

MATERIAL (not.e NIA where applicable)

1. Written response to pre-application staff commenu

2. Fees: < or = S acres: > S but< 10 acres: •or> 10 acres:

$ 1000.00 $ 1200.00 $ 1400.00

3. Completed Site Plan Application Form

4. Ten(IO)PlanSets(24"x36")

5. Two (2) Sealed Site Surveys

180127th Street, Vero Beach FL 32960 ATTACHMENT F:\COMMUNJI'Y DEVELOPMENIIAPPLICATIONS\CURDEV APPLICATIONS\MAJOll SP APP 1ACKET.DOC Re\isi,d l1111111Y 2013 Page 14 of IS

1

6. Two (2) aerials of site with project overlaid. showing surrounding 200 feet :% NO

7. Two (2) Copies of the OWner's Deed On Fife~

8. Letter of Authorization (if applicant is not owner) NIA ✓ 9. Two (2) Copy of the Drainage Report #: NO 10. Completed Tree Removal Permit Application

OR Signed Exemption Fonn OR Noted x/ as will apply 10 days prior to site plan release

11. Completed Land Clearing Pennit Application QR Signed Exemption Form OR Noted xv as will apply 1 0 days prior to site plan release

12. Three (3) sets signed, conceptual floor plans and elevations prepared by architect or engineer (when project is required by

✓ Florida law to have such architectural or engineering drawings) ---· 13. Environmental Survey if all or portion of project in environmentally \,../ sensitive area NIA

Cof\~~-hO).J~ Xv/ 14. Concurrency App 1cafion or c owledgement Form ___ __. _ ....... _, ,

15. Written statement and photograph of posted sign x ✓ (Needed if Planning & Zoning approval required)

ATTACHMENT 1 1801 27th Street, Vero Beach FL 32960

F:\COMMUNTI'Y DEVBLOPMENI\APPLICATIONS\CURDEV APPLICATJONS\MAJOR SP APP PACKET.DOC Revised l&IIUllf!' 2013 Page IS oflS

PRELil\fiNARY PLAT APPLICATION FORM (PLTP);..-:. :, :

Date Received! -------=~:-t:" > . ~ .. ' . .j PROJECT NAME (PRINn: osp,w YiQage/Hamor Course Gotf Hore #3 - I yther l=@st ear&WmHsi.; . ·,, Computer assigned project#: 2003010231 - -1, ft.fl( Plw, #:

PrQject Name & Number from Corresponding pre-application conference: Harbor Course Ggt( Hole #3 - Luther East earceI t Pod la (Grand Harbor PO) Pre-Applicatjon conference #75685

PROPERTY OWNER: (PLEASE PRINT)

GH Vero Beach Development, LLC NAME

2231 Falls Circle ADDRESS

Vero Beach. Florida 32967 CITY, STA TE, ZIP

(TT2) 794-7811 PHONE NUMBER

[email protected] E-MAIL ADDRESS

Christopher J. Cleary, President CONTACT PERSON

PROJECT ENGINEER: (PLEASE PR

Masteller & Moler, Inc. NAME

1655 2tt' Street, Suite 2 ADDRESS



[email protected] E-MAIL ADDRESS

Stephen E. Moler, PE. Vice President

AGENT: {PLEASE PRINl)

NAME

ADDRESS

CITY, STATE, ZIP

PHONE NUMBER

E-MAIL ADDRESS

CONTACT PERSON

PROJECT SURVEYOR (PLEASE PRIN1)

Masteller, Moler & Taylor, Inc. NAME

1655 27111 Street. Suite 2 ADDRESS


ITZ2l 564:8050 PHONE NUMBER

[email protected] &MAIL ADDRESS

David M. Taylor, PSM, President CONTACT PERSON CONTACT PERSON

1801 2th Street, Vero Beach FL 32960 ATTACHMENT Revised June 201 I Page 1 of2

1

,'

SITE TAX PARCEL ID #'S: 32-39-23-00003-0000-00001.0 & 32-39-23-0O003-0000-00002.0

PROJECT USE: Construct a golf hole with stormwater management e>ond (10.89 Ac) and construct seven {7} 3-story multi-family buildings containing a total of fifty-six C56) units with associated utillties, roadway, drainage, and off:§freet parkjng (4.45 Ac). The remaining 2.8e Ac ls for Mure commercial deyelopment

rs ALL OR A PORTION OF THE PROJECT IN AN "ENVIRONMENTALLY SENSITIVE" AREA AS ADDRESSED IN 1HE PROJECT PRE-APPLICATION CONFERENCE? YES. _____ NO __ _

• ZONING: RM-6 I c~ FLUE: .... M-.... 1.,__,/f--.J.cc...,.µ;..:..-___ _ • TOTAL (GROSS) ACREAGE OF PARCEL:._1...,,8....,.2=0~A=c ____________ _

• AREA OF DEVELOPMENT (NET) ACREAGE:,-----'1_,_5=.34...._A __ c _____________ _ 3 Tracts (Residential

• TOTAL NUMBER OF LOTS: Recreatjon/Commerclal) DENSITY (UNITS PER ACRES): 3.65

0 PLEASE FILL-OUT APPLICATION SUBMISSION CEiECKLlST ..

MATERIAL (mark "NIA" where applicable)

I. Response from Pre-Application (comment by comment)

2.

3.

4.

5.

Fee <or= to 10 acres: > 10 acres:

$700.00 $950.00

Completed Preliminary Plat Application Fonn

Ten (10) Copies of the Preliminary Plat

Two (2) Sealed Site Surveys

6. Two (2) aerials of the site with project overlay, showing surrounding 200 feet ___I_

7. Two (2) copies of the O\\ner•s Deed

8. Letter of Authorization from Owner if owner is not applicant

9. Completed Tree Removal Permit Application OR Signed Exemption Form OR Noted as will apply 10 days prior to preliminary plat release

1 O. Completed Land Clearing Permit Application QR Signed Exemption Form ..QR Noted as wm apply 10 days prior to preliminary plat release

11. Two (2) copies of an environmental survey if all or a portion of the project is in a environmentally sensitive area

12. Written statement and photograph of posted sign

1801 27th Street, Vero Beach FL 32960

Rl:Yised June 201 I

On File

On File

On File

Onfile _x_

ATTACHMENT 1 Page 2 of2

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FAIR'NAYS'CIR_..1.-____ ___,i - ·--- •• . , .

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SUBJECT:

INDIAN RIVER COUNTY, FLORIDA

MEMORANDUM

The Members of the Planning and Zoning Commission

Stan Boling, AICP; tjnunity Development Director

May 3, 2016

PllRLIC HF.ARl,'/G 1

Lf>R Al\'IENDl\lENT 1

(LEG JSLATJVE)

Consideration of Proposed Vacation Rental Ordinance Establishing a Local License Requirement and Vacation Rental Regulations

It is requested that the data herein presented be given formal consideration by the Planning and Zoning Commission at its regular meeting of May 26, 2016.

BACKGROUND

From the 1980s - 2012, staff interpreted county regulations to treat residences rented for periods of less than 30 days as a lodging unit, requiring commercial zoning or special approval such as a residential resort ( e.g. Disney resort) or bed and breakfast. During that period, there were occasional but not many short term rental "violations" that came through code enforcement.

In July 2012, the Board of County Commissioners (Board), as part of a proposed change to clarify the county's treatment of short term rentals, adopted regulations clarifying that ". . . any residential dwelling unit offered for rent or lease for less than a month at a time shall not be considered a hotel/motel or lodging facility". That regulation change remains in effect and allows a residential dwelling unit in the unincorporated area of the county to be used as a "vacation rental" (see definition, attachment 1). At the time of the 2012 regulation adoption, the Board directed staff to track site-specific complaints related to vacation rentals and coordinate with the state to try to ensure compliance with state licensing requirements for vacation rentals. In 2012, the Board also expressed a desire to have vacation rentals "come out of the shadows" and come into compliance with state requirements and local tax obligations.

Since July 2012, county Code Enforcement has tracked site specific complaints related to vacation rentals and has coordinated with the state regarding state licensing of suspected "unlicensed" vacation rentals. To date, over a period of nearly four years, Code Enforcement has received complaints regarding a total of 19 specific, suspected unlicensed units. The location and disposition of those units with respect to proper state licensing is shown on the attached vacation rental complaint log (see attachment 2).

F:\Community Development\CurDev\P&Z\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License 1 Requirement and Vacation Rental Regulations 052616 PZC.docx

Last summer (2015), the Board heard concerns regarding vacation rentals and short-term rentals of residences for large events. Expressed concerns primarily involved over-parking and outdoor noise/disturbances. In response, the Board took the following four actions:

1. Considered and adopted on September 23, 2015 a prohibition on commercial events (e.g. weddings) at residences, with allowances for events already booked at residences and for events held on 4+ acre agricultural sites subject to a special temporary use permit (see attachment 3).

2. Considered and adopted on October 6, 2015 special parking regulations for vacation rentals, establishing standards for parking spaces outside of garages/carports with a maximum [cap] of 5 parking spaces located outside a garage/carport at any time day or night (see attachment 4).

3. Directed staff to post vacation rental public information on the county website (see attachment 5).

4. Established (with a sunset provision) and appointed members to the Short Tenn Vacation Rental Advisory Committee (STRV AC) to advise whether or not additional vacation rental regulations are needed and to " ... submit recommendations on proposed legislation, ordinances, and rules to the Board of County Commissioners".

Last August, the two regulations that were ultimately adopted (actions 1 and 2) were reviewed by the Planning and Zoning Commission (PZC) at a land development regulations (LDR) amendment public hearing. Those adopted regulations are in effect and are being implemented. Under action 3, public information on vacation rentals has been posted on the County's website since October 2015 and has been updated as needed. The vacation rental committee (action 4) met, determined that additional vacation rental regulations are needed, completed its tasks, and made its final recommendations to the Board. The committee's recommendations included: a new ordinance establishing additional vacation rental regulations, a schedule of fines for violations, and a requirement that staff provide a progress report to the Board one year after adoption of the new ordinance. Those recommendations were finalized at the committee's last meeting of March 17, 2016 (see attachment 6).

On April 12, 2016 the Board considered the STVRAC' s recommendations, provided staff direction on proposed occupancy limits and consistency with health department septic/drainfield requirements, and directed staff to initiate the formal land development regulation amendment process for review and adoption of a new vacation rental ordinance. Staff has now drafted a proposed vacation rental ordinance (see attachment 11) that consists largely of the draft ordinance recommended by the STV AC, and also includes regulations proposed by staff that address occupancy limits and health department septic/drainfield capacity items brought up by the Board on April 12th.

The PZC is now to consider the proposed ordinance and make a recommendation that the Board adopt, adopt with changes, or reject the proposed ordinance and associated regulations.


ANALYSIS

• Current Conditions

Currently, staff has no accurate data on the total number of vacation rental units (state licensed and unlicensed) offered for rent in Indian River County. Research conducted by the County Attorney's Office in 2015, however, indicates that there may be more than 3 75 vacation rental units county-wide offered for rent on the internet. Of those estimated 375 units, it appears that roughly 250 units lie within the unincorporated area of the county. During public meetings at which vacation rentals have been discussed, some participants have speculated that there may be hundreds of more units than staffs research indicates. Whether there are 250 units in the unincorporated county or hundreds more than that, a total of 19 units with some type of suspected vacation rental violation over a 4 year period indicates that vacation rental unit problems are not widespread or numerous at this time. Nonetheless, the STVRAC and staff believe that additional vacation rental regulations are warranted to reasonably address existing and potential problems and nuisances and to prevent a proliferation of problems from occurring in the future, especially if the local vacation rental market expands.

Since adoption of the commercial events prohibition and special parking regulations for vacation rentals (actions 1 and 2 above), staff has received only one complaint related to a potential violation of the commercial event at residence prohibition or vacation rental parking standards. That one complaint, received in February 2016, was prompted by a concern about over-parking at an event. Code Enforcement investigated that apparent violation of the commercial event prohibition and issued a written warning together with a description of the commercial event at residence prohibition and a copy of the relevant regulation. Based on the reduced level of overall complaints, it appears that the commercial event prohibition and special parking regulations have had their desired effect, and there is no proposal or recommendation to change those regulations at this time. With respectto the vacation rental committee initiative ( action 4 above), the committee has conducted and completed its work as described below, and is considered sun-setted.

• Vacation Rental Committee (STVRAC)

The STVRAC met six times from October 2015 - March 2016 at monthly meetings centered around specific vacation rental topics. Meeting packets and notices were sent to a number of interested participants as well as committee members. All committee agendas, meeting materials, staff reports, minutes, and meeting videos remain available on the county website.

Topics and information reviewed or considered by the committee included the following:

October 2015 • Committee purpose and charge from the BCC

• Background and introduction of vacation rental issues

• Identification of potential regulation topics and committee schedule

November 2015 • Parking regulations and commercial event prohibition already adopted by BCC

• Establishment of a local license and tax compliance

F:\Cornmunity Development\CurDev\P&Z\2016\Considemtion of Proposed Vacation Rental Ordinance Establishing Local License 3 Requirement and Vacation Rental Regulations 052616 PZC.docx

• Monroe County Regulations, Moorings Committee Recommendations, Noise Regulations, Boat/watercraft Regulations, Polk County Rental Guide

• Vacation rentals in mixed use projects December 2015 • Fire safety requirements and occupancy limits

• Septic system standards and compliance January 2016 • Homestead Exemption and Property Appraiser assessments

• Economic impact information

• Occupancy limits, HUD Fair Housing occupancy guidelines

• Fines and citations February 2016 • Occupancy limits

• Inspections and length of local license March2016 • Local license violation fine

• Recommended ordinance and reconsideration of occupancy limits

• Staff progress report to BCC after adoption of new ordinance

As part of concluding its assigned tasks, the committee made three recommendations to the Board: adoption of a vacation rental ordinance, adoption of a new schedule of significant fines/citations for vacation rental violations, and staff presentation of an evaluation/progress report to the Board one year after adoption of the ordinance.

• Proposed Vacation Rental Ordinance

At its April 12, 2016 meeting, the Board of County Commissioners reviewed the ordinance recommended by the STVRAC and indicated that changes were needed with respect to occupancy limits and consistency with health department septic tank/drainfield system requirements, where applicable (see attachment 7). The proposed ordinance reflects the regulations recommended by the STRV AC with two changes: revised occupancy limits and additional regulations for units with septic tank/drainfield systems. Those changes are described in more detail later in this report. The proposed ordinance does not propose any changes to the county's existing definition of "vacation rental", the existing prohibition of commercial events at residences, or the existing vacation rental parking regulations. It is also important to note that all county regulations applicable to a singlefamily residence ( e.g. use and limitations on docks, noise and nuisance regulations, and environmental regulations) apply to vacation rentals as well.

As structured, the proposed ordinance includes all provisions recommended by the STVRAC with the exception of a license application submittal requirement added by staff (page 2 of ordinance) and an alternative recommendation for occupancy limits (page 3 of ordinance). Both of those changes are highlighted in the ordinance (see attachment 11). The attached ordinance, if adopted, will:

1. Require the owner of a vacation rental unit to obtain a county license from the community development department, said license to be valid for 3 years with the ability of an owner to obtain a license renewal every 3 years.


Rationale: As part of establishing a local vacation rental license, the county should require site inspections and must set a length of time for which a license remains valid. In determining those requirements, the county needs to consider a number of factors, including: the items that need an inspection, who should perform the inspection, how often inspections need to be conducted, staffing levels/efficiency/costs, and ease of licensing as it affects the Board's objective of "bringing vacation rental units out of the shadows" and into compliance. Based on requirements in subsequent sections of the proposed ordinance, items that should be inspected include:

• Parking accommodations • State-required fire protection items (smoke alarms, emergency lighting, fire

extinguisher) • Occupancy limit items (number of bedrooms) • Posting or displaying required public and "good neighbor" information inside the

vacation rental unit

With adequate training, code enforcement officers can conduct those types of compliance inspections and will retain personal knowledge of the unit in the event that compliance issues and violations occur at some point in the future.

With respect to the length of a county license and the frequency of regular inspections (not including inspections for suspected violations that may arise from time to time), it is staff's opinion that annual licensing and annual inspections would be more frequent than necessary. It is also staffs opinion that a 3 year license and regular site inspections every 3 years will be frequent enough to catch major unit changes that could affect compliance with county vacation rental regulations. In summary, staff and the STVRAC support requiring an inspection for the initial permit, a permit timeframe of 3 years, and an inspection with each permit renewal. As previously stated, separate inspections will occur if and when there is a suspected violation at a particular vacation rental unit.

2. Require a license for each vacation rental unit, subject to an inspection of the unit by a county code enforcement officer prior to issuance of a license or license renewal.

Rationale: State licensing for vacation rentals can be set up with multiple units covered under one license when such units are held under single ownership. Staffbelieves, however, that for the county license, a better approach is needed, as proposed. That approach requires a separate license for each vacation rental unit. That requirement is appropriate for ease of tracking compliance of an individual unit, since inspections and investigations for violations including notices/warnings, citations, and fines (if any) will be handled on an individual unit basis.

3. Establish license application submittal requirements including rental unit manager contact information; evidence of a state license, local Business Tax Receipt, and local tourist tax account; parking information; verification of state license fire protection items (smoke alarms, emergency lighting, fire extinguisher); acknowledgement of various county regulations on parking, noise, nuisances, environmental and safety regulations, and fines/citations.


Rationale: One key component for swiftly resolving complaints and correcting problems at a rental unit will involve the ability of a code enforcement officer to contact the unit manager at any time. Consequently, it is essential to require every licensee to provide manager contact information and to keep that information up to date. Through the other proposed application submittal items described above, staff will be able to verify compliance with state licensing requirements and local tax obligations. Finally, the proposed requirement for applicants to formally acknowledge county vacation regulations will effectively inform each applicant and put them "on notice" with respect to county requirements and unit owner obligations.

4. Establish special vacation rental regulations that include: a. Posting or displaying specific safety and "good neighbor" information in the

rental unit.

Rationale: This proposed requirement will provide convenient notice to every renter as to key county requirements and renter obligations. In addition, through this requirement, useful public information will be provided to renters.

b. Parking regulations specific to vacation rentals (references regulations previously adopted)

Rationale: This proposed regulation simply references the existing vacation rental special parking regulations, codified elsewhere, which will remain in force.

c. Prohibiting commercial events at residences (references regulations previously adopted)

Rationale: This proposed regulation simply references the existing prohibition on commercial events at residences, codified elsewhere, which will remain in force.

d. Maintaining a sleeping occupancy limit

STVRAC recommendation: Limit occupancy for adults (18 years or older) in a rental unit: 2 per bedroom + 2 adults

Staff recommendation: Limit occupancy to 2 persons per bedroom + 2 additional persons or the unit's septic tank/drainfield system capacity, whichever is less.

Rationale: Considerable STVRAC work involved setting a maximum sleeping occupancy limit. Although staff asserted, and the committee acknowledged, that such a limit could not be routinely enforced and in fact would be difficult to enforce, the committee felt that the limit would help prevent customers from booking too small of a unit and over-crowding a unit if a reasonable occupancy limit was set and was provided on advertisements and rental offerings. Staff also asserted, and the committee also acknowledged, that the special parking regulations already adopted by the Board help prevent over-crowding day and night. Preventing overcrowding was determined to be a way of reducing potential negative neighborhood impacts ( e.g. traffic, noise) and avoiding an over-burdening of infrastructure.


Based on federal Fair Housing guidelines, a reasonable starting point for an occupancy limit appears to be 2 persons per bedroom. Within Florida, there are a number of approaches that local governments take with respect to vacation rental occupancy limits. Some local governments have grandfathered in outright prohibitions of vacation rentals (Vero Beach), some have no specific vacation rental regulations and therefore no occupancy limits (Sebastian, Fellsmere), others have specific vacation rental regulations but no occupancy limits (Bal Harbor, Polk County), some have a 2 persons per bedroom limit (Marco Island, Monroe County), some have a 2 persons per bedroom limit that exempts children (Islamorada), and some have an occupancy allowance based on 2 persons per bedroom plus a limited number of additional persons (Flagler County, Ft. Lauderdale).

After consideration at two meetings and much discussion, the STVRAC settled on a sleeping occupancy limit for adults (18 years or older) in each rental of 2 per bedroom plus 2 adults. The committee felt that its recommended occupancy limit would help prevent over-crowding and would reasonably accommodate families while appropriately curtailing the use of a rental as an over-crowded "party house" by renters 18 years and up.

At its April 12, 2016 meeting, Board members discussed the issue of whether or not to exempt children from the occupancy limit, including the possibility of excluding "infants". In staff's opinion, an age-based occupancy threshold or exemption would be more problematic to enforce than an occupancy limit based on a formula that does not include age as a factor. It is also staff's opinion that an occupancy limit based upon size would still need a cap, so as not to result in very large houses with high, "lodge like" capacities of 20+ persons.

Staff's recommendation at the March STVRAC was for a simple "2 + 2" occupancy limit formula: 2 persons per bedroom plus 2 additional persons. Based upon concerns and comments expressed by Board members on April 12, staff now proposes an occupancy limit based on the "2 + 2" formula with an additional further limit for any unit on a septic/drainfield system, whereby the occupancy limit will not exceed the septic/drainfield system capacity as determined by the health department. System capacity limits set by the health department are based on a demand assumption of 2 persons per bedroom with additional capacity required based on certain living area size factors. In general, large septic/drainfield systems can be permitted for a large capacity expressed in number of persons that could exceed the "2+ 2" formula. As proposed, for a unit served by a septic/drainfield system, the maximum occupancy would be 2 persons per bedroom + 2 additional persons or the health department determined capacity for the rental unit's septic/drainfield system, whichever is less.

e. Providing fire protection items required for a state vacation rental license

Rationale: Current state vacation rental licensing requirements for single-family units require the following in each unit:

F:\Community DeYelopment\CurDev\P&Z\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License 7 Requirement and Vacation Rental Regulations 052616 PZC.docx

• Smoke alarms • Emergency lighting (activates when power goes out) • Fire extinguisher

No state inspection is conducted for these items; however, the proposed ordinance includes a requirement that a local inspection be conducted to ensure compliance.

With respect to fire safety, single-family homes are constructed and inspected for compliance with the building code and fire code requirements in effect at the time of building permit issuance. Those requirements have varied overtime. Generally, singlefamily homes are constructed with minimum standards for first floor exits to the outside via doors and windows. For many years, codes have required smoke alarms in singlefamily homes and since 2012 combination smoke alarm/CO ( carbon monoxide) alarms have been required in Indian River County for new homes.

According to IRC Fire Prevention and Building Department staff, single-family vacation rental units are required to meet building code and fire code requirements for singlefamily homes. Treating such units as residential dwellings rather than as a hotel/motel unit or lodging facility is consistent with the county's definition of "Hotel/motel and lodging facilities". That definition specifically states that" ... any residential dwelling unit offered for rent or lease for less than a month at a time shall not be considered a hotel/motel or lodging facility". Therefore, vacation rental units are treated as a type of residential dwelling.

Fire Prevention staff indicate that there are no fire-related occupancy limits or ratings for single-family homes like there are for hotels and commercial lodging facilities. Staff also indicate that' fire code standards for hotels and commercial lodging facilities are significantly different from standards applied to single-family homes, that they are not aware of any specific fire safety problems that are particular to vacation rental units, and that they are not aware of any technical justification for increasing local fire safety requirements or establishing local fire-related occupancy ratings for vacation rentals at this time.

Consequently, the proposed ordinance requires the special fire protection items required by the state for vacation rental units. By incorporating those items into the county's ordinance, the county will be able to inspect for and enforce provision of those items and will not need to rely on state enforcement for compliance.

f. Providing a carbon monoxide (CO) alarm

Rationale: Since 2012, new homes in Indian River County have had combination smoke alarm/carbon monoxide detectors (±$50). The proposed regulation would require any vacation rental unit with a gas appliance to have a carbon monoxide detector in addition to smoke alarms.

g. Keeping manager contact information up to date

F:\Cornrnunity Development\CurDev\P&Z\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License 8 Requirement and Vacation Rental Regulations 052616 PZC.docx

Rationale: As previously stated, up to date manager contac t information is essential for timely communications with code enforcement officers and swift resolution for problems that may occur at a vacation rental unit. In addition, failure to keep up to date manager contact information will subject a unit owner to a $100 fine under the proposed fine schedule, as explained later in this report.

h. Providing or otherwise stating the county vacation rental license number and sleeping occupancy limit in any advertisement or rental offering associated with the vacation rental unit

Rationale: This is an essential component of tracking ads to a specific unit and of putting prospective renters on notice up-front, prior to booking a unit, that the unit has a sleeping occupancy limit. Such tracking is needed to monitor compliance and such notice should help prevent over-crowding of a unit.

The proposed vacation rental ordinance for Indian River County is attached (see attachment 11).

Monroe County Regulations During discussions on local vacation rentals, the Monroe County vacation rental ordinance has been held out as a comprehensive "model" vacation rental ordinance and the Board has asked staff to analyze that ordinance. Staffs research indicates that Monroe County's vacation rental requirements are contained within a combination of adopted code provisions and non-code application requirements (see attachment 8).

For purposes of review and comparison, Monroe County's vacation rental requirements can be broken down into a number of categories, as follows:

• Watercraft/trailer regulations • Parking restrictions • Noise regulations • Trash pickup requirements • Licensing requirements • Occupancy limit • Health/safety requirements • Penalties/fines

In comparing Monroe County's vacation rental requirements to Indian River County's existing regulations, staffs finding is that, with the exception oflicensing-related conditions and occupancy limits, most of Monroe County's requirements are already addressed in our county's regulations as they apply to vacation rental use of single-family homes. For example, Indian River County's existing regulations - as they apply to watercrafts at residences, parking, noise, trash pickup, health and safety, and violation penalties - are comparable to and in some cases more restrictive than Monroe County's vacation rental requirements. The herein proposed vacation rental ordinance, coupled with existing requirements, will bring Indian River County's regulations on par with Monroe County's requirements.

F:\Community Development\CurDev\P&Z\2016\Considel'lltion of Proposed Vacation Rental Ordinance Establishing Local License 9 Requirement and Vacation Rental Regulations 052616 PZC.docx

There are certain provisions of Monroe County's vacation rental ordinance that are not covered in Indian River County's existing regulations or in the proposed ordinance, for reasons explained hereafter:

• Requirement of posting of license number, manager contact information and code enforcement contact information visible from the front property line of a vacation rental; ·

• Requirement of notice of a license application with appeal procedures mailed to all property owners within 300 feet of a proposed rental site at least 30 days prior to license approval; and

• Procedures for revocation of a vacation rental permit.

Regarding the posting of license number and contact information visible from the front property line, staff's position is that such a posting is unnecessary beyond what is proposed: that license numbers be required on all ads and rental agreements, and that up to date manager contact information be provided to code enforcement officers. In addition, staff does not support such signage since it could be unsightly and would work against the county's objective of having vacation rental units seamlessly fit into neighborhoods and appear like any other residence.

With respect to appeal procedure, notice to adjacent property owners and permit revocation procedures, unlike Monroe County, Indian River County is not in a legal position to withhold approval of a properly submitted and complete vacation rental licensing application, and is preempted by state law from revoking a license and denying a vacation rental use. Consequently, an appeal procedure is not applicable in Indian River County although code enforcement actions (including fines and citations) are applicable, as proposed and described later in this report. In contrast to Indian River County's position, Monroe County's ordinance is grandfathered-in (adopted prior to 2011) and therefore Monroe County has the legal authority under state law to deny or revoke a vacation rental permit and use, authority that Indian River County does not have. Persistent violations of the county ordinance could be relayed to the state regulating authority, the Department of Business and Professional Regulation, for possible action against the state issued license.

Staff's conclusion is that Indian River County's existing and proposed regulations adequately address items covered in the Monroe County regulations and are appropriate for Indian River County. A comparison chart of Monroe County and Indian River County existing and proposed requirements is attached (see attachment 10).

• Recommended Fine Schedule for Violations

Fines & Citations Powers

Staff primarily enforces county codes by one of two means: by bringing cases to the Indian River County Code Enforcement Board (CEB) for Board issuance of orders and fines, or by issuing citations (similar to traffic tickets). The CEB typically imposes fines of$ l 00 per day for unresolved code violations. As an alternative to the CEB hearing process, county code enforcement officers have the power to issue citations for various violations, subject to specific procedures set forth in County Code Section 103.07 and FS Chapter 162. County Resolution No. 92-59 established a schedule of citation fine amounts for various types of violations, including a $50 fine for vehicle parking and storage violations (per vehicle) and $50 for noise violations.


Citation procedures include issuance of a warning for an initial violation with time given for compliance. Most violations (80% to 90%) are resolved at this step in the process, without further code enforcement action. A violation that occurs thereafter may be cited per occurrence. Under the 92-59 citation resolution currently in place, for example, a $50 citati on may be issued for each vehicle in violation of a parking regulation after a warning has been issued to the owner of the premises. Citations are typically issued to the landowner, but may also include a tenant, renter, or other identified violator, depending on the circumstances and evidence.

Specific types of violations and associated fine amounts can be added to the County's current citation schedule by adoption of a resolution, as was done in 2013 when fertilizer ordinance violations were added. It should be noted that a citation issued by code enforcement staff can be appealed to either County Court or to the Indian River County Code Enforcement Board. After due process, if the citation fine is upheld and remains unpaid, the fme is recorded in the public records as a lien against any real or personal property owned by the respondent.

Fines/Citations for Vacation Rentals

Regarding short term vacation rentals, the types of violations anticipated to occur most often that would warrant citations are parking violations, commercial events at residences, failure to obtain or maintain a county license, and violations of vacation rental license conditions. County Resolution 92-59, which established fines and notice time frames for various code violations, includes fines for general illegal parking and storage ($ 50 per vehicle), but does not list a fine for commercial events at residences, for parking violations specific to vacation rentals, for failure to obtain or maintain a license, or for violations oflicense conditions. For those reasons, the 92-29 citation resolution needs to be revised to list fines for those violations. Moreover, the revisions should distinguish between first time violations and repeat violations, with higher fines for repeat violations to deter recurrence.

For vacation rental vehicle parking violations, staff and STVRAC recommended, and the attached fine schedule proposes, that a $50 fine (per vehicle) for a first violation after an initial 24 hour notice and a $100 fine (per vehicle) for repeat violations are appropriate amounts. The committee and staff also recommended, and the attached schedule proposes, that a deadline of 30 business days (±6 weeks) after initial notice be established for an unlicensed rental unit. As proposed, if that deadline passes without the unit owner obtaining a county vacation rental license, a $100 per day fine will start and accrue for each day that a violator has failed to obtain a license after the 30 day deadline. It should be noted that a violator could come into immediate compliance by pulling all vacation rental advertisements and short-term rental offerings, and ceasing all short-term rental activity until they obtain a license.

Regarding commercial events at residences, fines need to be substantially higher so as not to be absorbed as a "cost of doing business" for holding such an event. Consistent with allowances under FS Chapter 162, staff supports and the committee recommended that the County establish a fine of $1,000 for a first violation and $5,000 for repeat violations of the commercial event at residence restrictions:


After-Hours Enforcement

Although the County Code Enforcement Section's office hours are weekdays 8:30 a.m. to 5:00 p.m., code enforcement staff will conduct limited enforcement investigati ons on weekends or "after hours," particularly when a recurring violation at a location has been identified and is anticipated to occur at those times. If a complainant observes a violation occurring on weekends or after hours, the complainant is advised to:

• Contact the sheriff's office if the violation is a public disturbance or a public safety hazard warranting immediate response; or

• Document the violation (e.g., photos) and advise code enforcement staff for follow-up action to deter future/recurring violations. In such cases, code enforcen1ent staff will either bring the matter forward to the Code Enforcement Board or issue a citation based on the documentation provided by the complainant, or will follow-up with after hour investigation as warranted for further documentation if the violation is recurring in nature.

The proposed fine schedule for violations of county vacation rental and commercial events at residences regulations is attached (see attachment 12).

• Recommended "Progress Report"

As a final matter for discussion, the STVRAC considered the benefits of a "progress report" evaluation of the proposed vacation rental ordinance after adoption and implementation. Committee members expressed a desire for staff to perform an evaluation and provide a "progress report" to the Board as a public discussion item one to two years after ordinance adoption. In the end, the committee decided to recommend that the Board direct staff to present a "progress report'' to the Board 1 year after adoption of the vacation rental ordinance. At its April 12 meeting, Board members indicated general agreement with the committee's recommendation. Consequently, staff has incorporated into the recommended motion a directive for staff to prepare and present a progress report one year after adoption of the vacation rental ordinance.

RECOMMENDATION

Staff recommends that the Planning and Zoning Commission recommend that the Board of County Commissioners:

1. Adopt the proposed Indian River County vacation rental ordinance (attachment 11).

2. Adopt a resolution establishing the proposed fine/citation schedule for violations of county vacation rental regulations (attachment 12).

3. Direct staff to prepare and present a "progress report" on the vacation rental ordinance one year after adoption of the vacation rental ordinance.


ATTACHMENTS

1. Definition of "Vacation Rental" 2. Vacation Rental Complaint Log 3. Commercial Event at Residence Prohibition 4. Vacation Rental Parking Regulations 5. County Website Public Information on Vacation Rentals 6. Unapproved Minutes of the March 17, 2016 STVRAC Meeting 7. Unapproved Minutes from the April 12, 2016 BCC Meeting 8. Monroe County Vacation Rental Regulations and Requirements 9. The Moorings of Vero POA Recommended Vacation Rental Regulations 10. Comparison of Monroe County and Indian River County Existing/Proposed Requirements 11. Proposed Indian River County Vacation Rental Ordinance 12. Proposed Fine Schedule for Violations

APPROVED AS. TO r-ORM () ~a WilllJll.'1 r .. OEM.~

D!l'UT't COUNT'( ATrOitNMY

F:\Community Development\CurDe,-\P&Z\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License 13 Requirement and Vacation Rental Regulations 052616 PZC.docx

Vacation rental any residential dwelling which is rented or leased more than three (3) times in a calendar year to a tenant, individual, group of individuals, or party for a period of less than thirty (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 thirty (30) days.

Attachment 1

VACATION RENTAL COMPLAINTS

1

2

3

4

s

6

7 8

9 10 11 12 13

14 15 16 17

18 19

I Address of Complaint i ---, 2125 W Beachside Ln

' 1571 SmugE;lers Cove

I-

6450 Frances Manor

-3011 Calcutta Dr

580 Reef Rd

--I

8515 De Havilland Ct

2440 23rd St SE 12576 A1A --

-1491 Smu_gglers Cove

13060 Hwy A1A _ 12600 Hwy AlA 12570 Hwy AlA 12840 Hwy AlA 12800 Hwy AlA 12576 Hwy AlA

' 9350 77tF. Street

2160 Sea_grape Dr

8!:;5 Reef Road -143'3 Wyn Cove Dr

--Verify License w/DBPR

! No license

I No license I

I I I 1 No license sent initial

~a_ct letter to owners No license

No license

No license

No license

No license

No license -No license No license

No license

No license

No license

No license

No lici:nse

No license

No license

No license

I F,/,ms/kel~/,ae,tJoa.ental,/mcom plaintchart

CD

:a N

Date cornp!_a_int given to DBPR

7/16/2012

7/11/12

Sent initial contact letter to owners

_,, ..

12/7/2012

12/2/2013

2/11/2014

. 3/21/2014 4/21/2015 4/23/2015

' 5/22/2015 1Di14/2015

8/7/2015 8/7/W15 8/7/2015

f 8/7/2015 8/7/2015

I _ J /10/2015 2/10/2016 5/5/2016

,__iimzrl

-Code Officer Status

Rose Case closed by the state -no license issued

Vanessa Case closed by the state -no license issued

Kelly License issued

' Kelly Case closed by the state -

no license issued

Rose Case closed by the state - i no Jicens~ issued !

Case closed by the state -Vanessa

no license issued

Vanessa License issued Betty I license issued

Vanessa Under state investigation Betty Under stc1te investigation Betty Under state investigation Betty Not a rental .,. ___ Betty Under state investigatiein ,

Betty License Issued -~j Betty License Issued

Betty Under state investigation I

Rose Under state investigation Rose Under state investigation

Vanessa Under state investigation

4/1/2016 Indian River County, FL Code of Ordinances

Commercial event at residence. As defined in Section 901,03. it sha 11, be a violation of this Code for any owner to lease a single family residence as a location for a commercial event at residence to be held. It shall be prima facie evidence of a violation of this Code for an owner or owner's agent to advertise or hold out the property to be used as a location for a commercial event at residence.

(a) A commercial event at residence held at a site that is:

1. Four (4) acres or greater in area; and

2. At a site that is zoned agricultural; or

3. At a site used for agricultural purposes

must first apply for and receive a temporary use permit as prescribed by IRC Code Chapter 972 prior to conducting the commercial event at residence.

(b) If the owner of the property is not on the premises at the time of a commercial event at residence, it shall be a rebuttable presumption of a violation of this section.

(c) Notwithstanding the prohibition contained in paragraph (3) above, should this ordinance impair an existing contract for a commercial event at residence that is scheduled to be performed prior to September 30, 2016, holding the commercial event at residence shall not be a violation of this Code so long as the contract documents are provided to the community development director by October 31, 2015.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2015-013, § 1, 9-22-15)

Attachment 3 https://www.municode.comllibrary/ff/indian_.river_county/codes/code_of_ordinances?searchRequest=%7B%22searchText%22:%22commercial%20event%20al.. 2/2

4/1/2016 Indian River County, FL Code c:i Ordinances

Section 912.17. - Parking and storage.

As restated from the "general provisions" subsection of Chapter 911. Zoning. the following regulations apply to parking commercial vehicles, parking or storing vehicles and the storage of boats and recreational vehicles, in residential areas.

(1) Parking of commercial vehicles in residential areas. (a) Restrictions on the parking of commercial vehicles in residential areas. No commercial vehicles,

as defined in County Code Section 901.03. shall be parked overnight nor for an extended period (more than ten {10) hours in any calendar month) on any residentially used lot. in the street abutting such lot. or on residentially zoned land, except:

1. Within residential zoning districts, one (1) commercial vehicle consisting of a pickup truck or van with a rack for transporting materials or equipment and items other than the personal effects of private passengers, not exceeding a length of twenty-three {23) feet, height of nine (9) feet, or gross vehicle weight of fifteen thousand (15,000) pounds, shall be allowed per residential premises.

2. Commercial vehicles temporarily parked on a lot for the purpose of providing construction, transportation, or other services specifically for the location where such vehicles are parked.

3. In no case shall a commercial vehicle which is used for hauling explosives, gasoline or liquefied petroleum products be permitted to be parked for an extended period in a

residential area.

4. "Class A" tow trucks or hydraulic wreckers, on an emergency towing service rotation list with the local sheriff's or police department, used by the resident of the premises, limited to one (1) per premises and parked off-street in a garage, carport or driveway. Under this paragraph. one (1) tow truck or wrecker is allowed to be parked or stored at a residence.

5. One (1) commercial vehicle shall be allowed per residential premises within the A-1, A-2, and A-3 districts

(2) Parking or storage of vehicles. (a) Parking or storage ofjunk vehicles. No junk vehicle shall be parked, and no motor vehicle

frame, vehicle body, or vehicle body part shall be stored on residentially zoned or used property unless expressly permitted by this chapter, except when parked or stored in a completely enclosed garage or building. In any agricultural district, one such vehicle is permitted in the rear yard, completely screened from view of neighboring homes and

properties.

(b) Parking or storage of automobiles. Except as provided in subsections 1-3. below, a maximum of three (3) automobiles (not including recreational vehicles) may be parked outside of a carport or garage on a single-family zoned lot. However, one additional vehicle for each licensed driver permanently residing at the premises may be parked on the lot. No automobile may be parked or stored in any required yard area except in a designated and

Attachment 4 https://www.municode.com,1ibrary/fl/indianJiver_county/codes/code_of_ordinances?searchRequest=%7B%22searchTexl%22:%22vacation%20rental%22,%22.. 1/3

4/1/2016 Indian River County, FL Code of Ordinances

improved or stabilized driveway. The limitations on the number of automobiles parked outside of a carport and garage shall not preclude the parking of automobiles by persons visiting a single-family home.

1. 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 (1) 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.

2. For a vacation rental that has no carport or garage, the total number of automobiles parked shall be limited to two (2) automobiles plus one {1 ) automobile per bedroom not to exceed a total of five (5) automobiles parked on site. 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.

3. 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-of-way except within a designated and improved or stabilized driveway.

(3) Unenclosed storage of recreational vehicles, trailers and boats. (a) [Generally.] Any recreational vehicle not in normal daily usage for transportation of the

occupants of the residence shall be considered as "stored" for purposes of this chapter.

(b) Unenclosed storage of trailers, campers and boats; restrictions in residential zoning districts. Recreational vehicles and boats may be stored on any lot. However, any trailers, campers or boats which are stored in unenclosed areas on any single-family or two-family lot in any residential zoning district shall meet the following standards:

1. Ownership of recreational vehicles and boats; authorized storage. Such storage shall be limited to vehicles owned by the occupant(s) of the residence or the house guests of the

occupant(s).

2. Limitation on number of recreational vehicles. No more than one recreational vehicle per dwelling unit may be stored in an unenclosed area upon each site, except that one additional recreational vehicle per dwelling unit may be parked on the property for a period not in excess of two (2) weeks in any one-year period.

3. Limitation on number of boats. No more than one boat per dwelling unit shall be stored in an unenclosed area upon each site except that one additional boat per dwelling may be parked on the property for a period not in excess of two (2) weeks in any continuous time period or six (6) weeks in any one-year period.

4. Location of unenclosed storage areas. Such storage shall not be located in any required front or side yard, or any easement; except that such vehicles may be stored on any designated driveway.

5. Licensing. Recreational vehicles and boat trailers shall have a valid motor vehicle license at all times.

6. Use limitations. Recreational vehicles and boats shall not be used for office or commercial purposes, nor for sleeping, housekeeping or living quarters while so stored.

7. No public facilities hook-ups. No service facilities, such as water, sanitary, or electrical connections shall be attached; except a temporary electrical extension connected to the vehicle for battery charging or to facilitate repair is permitted.

Attachment 4 https://www.municode.com/librarytll/indianJiver_county/codes/code_of_ordinances?searchRequest=%7B%22sea-chText%22:%22vacation%20rental%22,%22.. 'l/3

4/1/2016 Indian River County, FL Ccx!e of Ordinances

8. Limitation on overall size of recreational vehicles. Consistent with the Chapter 901 definition of "Recreational vehicle," the overall area of a recreational vehicle stored outside on a residentially zoned lot shall not exceed four hundred (400} square feet (vehicle length multiplied by width}.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 96-6, § 19, 2-27-96; Ord. No. 2008-021, § 3, 12-16-08; Ord. No. 2013-005, § 2, 6-18-13; Ord. No. 2015-014, § 3, 10-13-15)

Attachment 4 https:/twww.municode.can/library/fl/indianJiver_county/codes/code_of_ordinances?searchRequest=%7B%22sea:-chText%22:%22vacation%20rental%22,%22... 3/3

VACATION RENTALS Indian River County

Vacation rentals (residential units rented-out or offe.red for rent for a per iod of less than 30 days) ar~ allowed in unincorpomted Indian River Cowity, subject to the following:

1. State lict;nse from Florida Department of Revenue: 850-487-1395 or www.myfloridalicensc.com/dbpr

2. Local Business Tax Receipt (LBTR) from the Tax Collector of Indian River County - 1800 2ih Street, Vi.:ro Beach FL, 32%0 (772-226-1358 or 772-226-7341). The application is available unline at h.:J r•: \• .. -. "'.:.! l·:w:· :t;C!t'1 l i~-.! }: > ) ~•-l '.:_J'c:. ''..Ci· )_:\;' :,_ ,,;_, I ; .!.! -h' :, I

3. Register with the Clerk of the Court for tourist devel()pment tax: 772-226-3111 .

4. Compliance with Indian Rrver County special parking regulations for vacation rentals:

• Maximum number of cars parked outside a carport o,· garage:

- Rental unit without carport or garage: 2 parking spaces plus l space per bedroom with a maximum total of 5 spaces

- Rental unit ·with carport and/or garage: 1 parking space per bcdroori with a maximum total of 5 spaces.

Short Tc.~·r.i Vacation Rental AdYJsm-y Conunittl'c meeting infom.mtion (back-ap and minutes): n" , •.. ire, , :1 ;' r,·,1:c,.i Hn t1n b h ,:' I ·y ;.: :\i . NOTE-;- o;;]~pril 16; 2016 the · Beard considered recommendations from the vacation rental committee ~nd directed staff i:o initide the 1lrocess for adopting a pl·oposed vacation rental ordinance. 1'he ordinanc,e is scheduled to be considered by the PZC at a May 26, 2016 public hearing held in the Coc.nty Commission Chan1bers at 7 pm.

5. Compliance with prohibition: No single-family residence, including a vacation rental singlefamily unit, can be rented-out for a wedding or a simHar event characterized by music, dancing, catered food, tents, outdoor tables, alcohol, or use of shuttles or valet5 for gul.!sts.

Exemption: Agricultural property 4 acres or l;:irger upon Clhtaining a temporary use permit (TUP) from County Planning.

COMPLAINTS ABOUT VACATION RENTAL VIOLATIONS [may remain anonymous]

Unincorporated County: Code Enforcement Oftice: 772-226-1249 Report On-Linc: ~V?· :._, j,·,r ·X• ,.,.,_, :,h i,·!·,tii ··~.

Report of public disturbance/nuisance: Sheriffs Office 772-569-6700 option 2

Ciiy of Vero Beach: Tom Ram'ley (sol.Ith 1.onc) 772-978-4551 Melody Sanderson (north 7one) 772-978-4561 On-Line: covb.org Departments/Code Enforcement

ATTACHMENTS: 1) IRC Vacation Rental Code Excerpts 2) State Guide to Vacation Rentals Attachment 5

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htdhUl R!Vl'r (.\1unfy Vxotfon Rental Rt•indaHolt)i er n l1 2015)

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GUIIDE TO

Vaca·(ion Rentals and Tin1eshare

Projects fe,r Florida·.-:

Pub:'fc Lodging Establishm0n!s

Division ot iiote!s and Restautants

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www.MyFlo:-idaLicense.c.om/dbpr/hr

SHORT TERM VACATiON RENTAL ADV!SORY COMMITTEE

The Indian River County (IRC) Short Term Vacation Rental Advisory Committee (STVRAC) met at 10:00 a.m. on Thursday, March 17, 2016, in the County Administration Building, Building B, 1800 2?'h Street, Vero Beach1 Florida. You may hear an audio of the meeting; review the agenda and the summarized minutes on the IRC website:www.ircgov.com/Boards/SllorttermvacationrentaladvisorycommittP.e/2016.

Present were: Chairman Glenn Powell, District 1 Appointee; Vice Chairman Joseph Paladin, District 2 Appointee; Joel Moiinari, Sr., District 3 Appointee, Alan Curtis, District 4 Appointee; Gfenn Henm, Distrrct 5 Appointee (arrived at 10.25 a.m ); Dr. Robei't DeWatera, Jl·., Member-at-Large Appointee and Angela Beclde~J Waldrop, Member-at-Large Appointee.

Absent was· George Bryant, Member-at-Large Appointee Alternate (excused).

IRC staff present were: Stan :Boling, Community Development Orrector; Dylan Reingold, County Attorney; Bill DeB~aal, Deputy County Attorney; Jason B;-o\vn, Management & Budget Director; Roland DeSlois, Chief Environmental &, Code Enforcement; Commissioner Peter D. O'l3ryan, District 4; and r•msiy L. Pursel, Commissioner Assistant, District 1 and Recording Secretary

Others present were: L.aroy Smith, Indian River Sheriff Deputy; Mayor Jay Kramer, City of Vero Beach; c~:·ter Tay~or, Dan Lamson, and Mor:ey rJHn:..se, Indian River Neighborhood Association (IRNA); George Lamborn, CoUeen Rosenbaum, M~!es Conway, Herb VilhitaU, Joe Earm&!l, rl-fark Bondy, Milt Thomas, i_iza Green, Sharon Kram,, r and Bronia Jenkins, Interested Parties.

Call to Ot·der & V'lelcome

Chairman Glenn Powell called the meeting to order at 10:00 a.m., and a quorum was noted.

Aoproval of Minutes of February 11, '-0·f6 -Action Required

Dr, Miles Conway pointed out two revisions. (1} On Page 2, Under New Business, last paragraph of Mr. Conway's statement, add the word "houses" on the third line, after the word "boarding"; (2) On Page 5, first paragraph of Mr. Conway's statement, add the word "houses" on the third line, after the word "boardrng".

ON MOTION BY Vice Chairman Pali1din, SECONDED BY Mrs. \.Vald;op, the members voted unar.imously (6-0) to approve the minutes of Febtuary 11, 2016, as &mended.

1 Short Term Vacation Rental/Unapproved March 17, 2016 C:\Users\stan\AppData\Local'Microsoft\Wlndows\Temporary tntemet Files\Content.Outlook\3KNSCNNO\Minutes 317 16.docx

Attachment 6

New Business-Stan Boling, Community Development Director

a) Local License Fine Amounts (revised)-Action Required

Mr. Stan Boling, Community Development Director, summarized his memorandum dated March 8, 2016, entitled "Re-consideration of Proposed Fine Amount for Local License Violations", with Attachment 1, providing overview and analysis concerning proposed fine amounts and citations for violations of county regulations for vacation rentals and commercial events at residences. A copy of the memorandum with attachments are on file in the Commission Office.

Mr. Boling pointed out in the last STVRAC meeting in Februarf, 2016, the committee reviewed a recommended revised schedule for citations and fines which added items to the existing fine schedule such as vacation rental parking violations, failure to maintain up-to-date rental manager contact information, and commercial event violations which will have a stringent fine. He reminded the Committee of the discussions regarding failure to obtain or maintain a County vacation rental license wherein the Committee asked for reconsideration of the fine amount proposed; hence, the proposed revision on Page 3 of the Citation Ordinance was increased from $25 per day fine to $100 per day fine.

A lengthy discussion ensued by the Committee members and the general public regarding once compliance was reached, after having been allowed 30-days to correct, and should the same violation repeat, the fine would start again, accumulating until the license was obtained, without an add1t1onal 30-day warning. Discussion included debating a $100 a day fine versus $500 a day fine.

Mr. Roland DeBlois, Chief Environmental & Code Enforcement confirmed the proposed revised schedule of fines was consistent with other County's Code Enforcement fines. He pointed out when Code Enforcement issued a renewal license violation, an additional 30-day warning was provided, given the time frame of the license renewal (3 years); however, with a general violation such as a parking violation, should compliance occur one week and then the next week, violation occurs again, another 30-day warning would not be given. He stated some discretion was provided as to the duration between warnings.

ON MOT1ION BY Dr. CeWaters, Sr., SECONDED BY Mrs. Waldrop, the members votad 5-1 (Molinari 01>posed) ·to adoptad staffs recommendati1on for a 30-day warning, then $100 per day for not having a license; not including any other violat ion.

,_}:·

b. Committee Recomme11datioi1 er: Ordinance Establishing Local License and Additionai Regulatior.s -Action Required

Mr. Stan Boling, Community Development Director, summarized his memorandum dated March 9, 2016, entitled "Consideration of Proposed Ordinance Establishing a Requirement for a County Vacation Rental License and Vacation Rental

2 Shc,rt Term Vacation Rental/Unapproved March 17, 2016 C:\Users\stan\AppData\local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\3KNS::NNO\Minutes ~ 1716.docx

Attachment 6

Regulations", with Attachment 1 (draft Ordinance), providing oveiview and analysis concerning the Committees review and considerations of various issues, topics, and data related to vacation rentals over the past several months i:; nd 5 committee meetings effecting the proposed draft ordinance to be presented to the Board of County Commissioners (BOCC) for consideration. He remmded the Committee the proposed ordinance did not change the existing definition of vacation rental. the vacation rental parking requirements or the prohibition of commercial events at a residence, adopted by the BOCC in September, 2015.

Mr. Glenn Heran arrived at 10 25 a.m.

Chairman Powell suggested to break down discussions into two parts: (1) discussion regarding occupancy limits; and (2) review of all recommendations.

ON rv10TiON BY Vice Chairman Palad:n, SECON DED BY Dr. l)eWaters, Sr., the members adopted staffs recommendations, exc:udir.g the sleep cccupancy l:mit portion of the proposed draft O:·dinance.

UN;DER DISCUSSION, lengthy discussions ensued by the Committee members and the general public regarding additions and/or deletions to the proposed draft Ordinance.

ON MOTION BY Vice Cha:rman Paladin, SECONDED C3Y Mr. Cu11is, the members voted unanlmous iy (7-0) to defete Section 1, Item 7.6 !'ega!'ding posting ,of "Walk-in clinic lnfo1•mdion" of the proposed dra,t Ordi!1ance.

ON MOTION BY Vice Cha:rman Paladin, SECONDED BY Mr. Curt is, the members voted unanimously (7-0) to direct staff to reword Section ·t, Items 6.d and 7.4, by including reference with Cha.pter 9i 4 raguiations compliance, and to include a brief description of day .:1t and nigM decibel levels and the no disturbance hours. .,

ON MOTION BY Mr. Cut·tis, SECONDED BY Mr. rv1olinari, th,e members recommended staff to add a requirement for a Carbon "11onox!de detectors for interior gas appliances.

UMDER OISCUSSIOI\!, a statement was made by Mr. Taylor regarding the definition of a public lodging establishment.

Dr. Conway announced he had a statement to be read into the record; however, he wished to reserve the statement for the end of conversation.

3 Short Term Vacation Rental/Unapproved March 17, 2016 C:\Users\stan\AppOata\Local\Mrcrosoft\Wlndows\Temporary Internet Files\Content llutlook\3KNSCNNO\Minutes 31716.uocx

Attachment 6

THE Ct-!AIRMAN CALLED THE QUEST!ON, and the Motion passed 5-2; Heran and Waldrop opposed.

THE CHAIRMAN CALLED ·r!iE QUESTION, regarding overall staff recommendations to the proposed draft Ordinance, and the Motion passed unanimously 7-0.

Lengthy discussions ensued by the Committee members and the general pubhc regarding the number of sleeping occupants per bedroom allowed, the definition of an adult, whether to consider the property ~ize of the residence when determining occupancy limits to ensure quiet enjoyment in a residential neighborhood.

ON fill0TI0N BY \/ice Chairman Paladin, SECONDED BY Nfr. HeraJ1, the members recommended the occupancy Hr.iits be set at t\:vo aduits per bedroom, pius tv._,o aciults, not including chirdren under 'i 2.

UNDER DISCUSSION, opinions were voiced regarding tot31 occupancy not regulated, whether occupancy limits complied with septic tank standards, impacts of short term rentals on neighborhoods, occupancy regulated by heads on beds and the age limit of a child.

ON MOTION BY Vrce Chairman Paladin, SECONDED BY Mr. Heran, the members votad (2-5; PoweU rvloli:iari, Curtis, Waldrop and Dellllaters opposed) which FA!LED DUE TO THE LAC!< OF MAJORffY, to recommend the occu1,cmcy limits be set at two adults per bedroom, ptus two adults, noi inciucling children under the cl.fie of 16. , i /' Jr

:J;:_ \4:.· \. (~.1 '

ON MOTION BY Vice Chairman Paladin! SECONDED BY -~ Rte• :.:. ,:, ··* Mr. Heran, the mambers voted una11:r.iously (7-0) "to - ·.· ~ ,.,,_.,.,i ~ 1.,

recommend the occupancy limits be S!)t at two adults j ·/"'!..' ' -

per bedroom, plus two adults, not including children uncler the age of 1'8.

Dr. Conway read a statement of disagreement into the record. A copy of the statement is on file in the Commission Office.

Mr. Heran left the meeting at 11 :50 a.m.

4 Short Term Vacat.ion Rental/Unapproved March 17, 2016 C:\Usvrs\stan\AppData\Lo•;al\Microsoft\Windows\Temporary Internet File,;\Content.Outlook\3KNSCNNO\Minutes 3 17 ·,6.docx

Attachment 6

Other Business -Joe Paladin, Vice Chairman

a) Recommendat:on on "Progress Re:,ort0 Two Yoars After AdopUon of New 0 1rdinance

ON MOTION BY Vice Chairman Paladin, SECONDED BY Mrs. Waldrop, the members voted unanimously (6-0) to recommend staff bring back to the Board o f Cou:1-ty Commissioners one-year ;after adop tion, a comprehenstve review of the regulations th:s Committee has recommended.

Other i'.fatters

Mr. George Lamborn read into the record a Statement. A copy of this Statement is on file in the Commission Office.

Adiournment

There being no further business, the meeting adjourned at 12:07 p.m.

No further meetings were scheduled for the Short Term Vacation Rental Advisory Committee.

5 Short Term Vacation Rental/Unapproved March 17, 2016 C:\Users\stan\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\3KNSCNNu\Minutes 3 17 16.docx

Attachment 6

12. DEPARTMENTAL MATTERS

A. Community :Oev,eio~

1. Consideration of Recommendations from the S hort Term Vacation Rental Adv1~ory ('ommittee (S1 VRAC)

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Page 8

Attachment 7

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s _ , _ ... ...21

Bo: rd of County Commission Minutt:s April 12, 2016

... ~ - _-::«- ~ --~ Page 9

Attachment 7

:3.

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Emergency Servk es

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~~ ..... ~·· ==··- -- . .1L! Board of County Commission Minute:. /\ptil 12, 2016

Page 1(}

Attachment 7

Sec. 134-1. - Vacation rental uses.

Special vacation renti:.I permit. (a) An owner or agent is required to obtain an annual special vacation

rental permit for each dwelling unit prior to renting any dwelling unit as a vacation rental, as defined in section 101-1, except as provided for under subsection (b) of this section. A special vacation rental permit is nontransferable between owners. A change of ownership of the vacation rental unit shalt require the new owner or his agent to obtain a new vacation rental permit for the residential dwelling unit.

E:llc,nptions. (b) A vacation rental permit is not required for the following:

(1) A vacation rental of a dwelling unit located within a controlled access, gated community witi: a homeowner's or property owner's association that expressly regulates or manages vacation rental uses; or

(2) A vacation rental of a dwelling unit within a multifamily building located within a multifamily district, whlch has 24 hour on-site management or 24 hour on-site supervision that has received an exemption from the planning director. To meet these site management or supervision requirements, a designated Individual must be physically located within the building or within 300 feet of the subject building and must be available at all times to respond to tenants' and neighbors' complaints. To obtain an exemption under the provisions of this sect fon, the owner or agent must submit an application to the planning department in a form prescribed by the planning director.

Vacation rental man.igcr licenso. (c) A vacation rental manager license is required from the county

planning department for an individual to be a vacation rental manager under the provisions of this section. The vacation rental manager shall be:

(1) The designated contact for responding to complaints made by neighbors against vacation rental tenants; and

(2) Responsible for maintaining the guest register, leases, and official complaint response records for a vacation rental unit as required by this section.

Pem1lt, lfcem,e and fees. (d)

(1) Special vacation rental permits will be Issued by the planning director, or designee, upon payment of a nonrefundable fee and submittal of a complete application in a form prescribed by the planning director In accordance with subsection (f) of this section.

(2) Vacation rental manager licenses will be issued by the planning director, or designee, upon payment of a nonrefundable fee and submittal of a complete application to the planning department in a form prescribed by the planning director.

(3) The annual fees for the special vacation rental permit and vacation rent31 manager license shall be established by resolution of the board of county commissioners.

(4) A decision to approve or deny a special vacation rental permit may be appealed to the planning commission within 30 days pursuant to section 102-185

Regulations. (e) All special vacation rental units, requiring a special vacation rental permit shall

comply with the following regulations at all times:

(1) No more than one motorized watercraft, Including a Jet ski or wave runner, shall be allowed at each vacation rental unit. The watercraft may be moored at either an existing on-site docking facility or stored on a trailer in an approved parking space.

(2) Vehicles, watercraft and trailers shall not be placed on the street or in yards. All vehicles, watercraft and boat trailers must be parked or stored off-street in parking spaces specifically

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ITTACH E 'i 8

designated and approved iP the special vacation rental permit. One vehicle parking space shall be required per bedroom or efficiency unit and one boat trailer space per vacation rental unit.

(3) No boat docked at a vacation rental property shall be chartered to a person other than registered guests of the vacation rental unit or used for live-a boards, sleeping or overnight accommodations. In addition, recreation vehicles shall not be used for sleeping or overnight accommodations at the vacation rentr-J r..:r;it

(4) Occupants shall be prohibited from making excessive or boisterous noise in or about any residential dwelling unit at all times. Noise, that is audible beyond the boundaries of the residential dwelling unit, shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m. weekdays and 11:00 p.m. and 9:00 a.m. on weekends.

(5) All trash and debris on the vacation rental property must be kept in covered trash containers. Each vacation rental unit must be equipped with at reast four covered trash containers for such purpose. Owners must post, and occupants must comply with, all trash and recycling schedules and requirements applicable to the vacation rental unit. Trash containers must not be placed by the street for pick-up until 6:00 p.m. the night before pick-up and must be removed from the area by the street by 6:00 p.m. the next day.

(6) A tenant's agreement to the forgoing rules and regulations must be made a part of each and every lease under F.S. § 509.01 for any vacation rental unit subject to the provisions of this section. These vacation rental regulations governing tenant conduct and use of the vacation rental unit shall be prominently posted within each dwelling unit subject to the provisions of this section along with the warning that violations of any of the vacation rental reg utations constitutes a vioration of this Code subject to fines or punishabre as a second degree misdemeanor and is also grounds for immediate termination of the lease and eviction from the leased premises and criminal penalties under F.S. § 509.151 ("defrauding an innkeeper"), F.S. § 509.141 ("ejection of undesirable guests"), F.S. § 509.142 ("conduct on premises) or F.S. § 509.143 ("drsorderly conduct on premises, arrest'').

(7) The owner or agent shall require a lease to be executed with each vacation rental use of the property and maintain a guest and vehicle register listing all vacation rental occupants' names, home addresses, telephone numbers, vehicle license plate and watercraft registration numbers. Each lease and this register shall be kept by the vacation rental manager and available for inspection by county code enforcement personnel during business hours.

(8) Vacation rental units must be registered, licensed and meet all applicable state requirements contained in F.S. ch. 212 (Florida Tax and Revenue Act) and F.S. ch. 509 (Public Lodging Establishments) as implemented by the Florida Administrative Code, as rnay be amended.

(9) The vacation rental use must comply with all State of Florida Department of Health and State of Florida Department of Environmental Protection standards for wastewater treatment and disposal.

(10) All vacation rental units shall have a vacation rental manager, who has been issued a vacation rental manager license by the planning department as provided for in subsection (h) of this section. The vacation rental manager shall reside within and be licensed for that section of the county (Upper, Middle, and Lower Keys) where the vacation rental unit is located and be available 24 hours per day, seven days a week for the purpose of promptly responding to complaints regarding conduct or behavior of vacation rental occupants or alleged violations of this section. Any change In the vacation rental manager shall require written notification to the planning department and notification by certified return mail to property owners within 300 feet of the subject dwelling.

(1 •i) Complaints to the vacation rental manager concerning violations by occupants of vacation rental units to this section shall be responded to within one hour. The neighbor who made the complaint shafl be contacted by telephone or in person and Informed as to the results of the actions taken by the manager. A record shall be kept of the complaint and the manager's response for a period

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of at feast three months after the incident, which shall be availabre for inspection by the county code enforcement department during business hours.

(12) The name, address, and telephone number of the vacation rental manager, the telephone number of county code enforcement department and the number of the specfal vacation rental permit shall be posted and visible from the front property line of the vacation rental unit.

(13) The tenants' agreement with the rules of conduct shall be posted in a conspicuous location u each vacation rental unit.

Special vacation rental pormit application. (f)Acomplete special vacation rental permit appfication shall include the following:

(1) The complete legal description, street address, RE number and location of the vacation ren~al unit;

(2) Proof of ownership and the name, address and telephone number of each and every person or entity with an ownership interest in the dwelling unit;

(3) An approved Florida State Department of Health or Florida State Department of Environmental Protection inspection or certification of the adequacy of the sewage disposal system for use as a vacation rental unit;

(4) The gross square footage of the dwelling unit, location and number of rooms, bedrooms, bathrooms, kitchens, apartments, parking spaces and any other information required to determine compliance with vacation rental requirements and cornpllance with this chapter;

(5) A valid and current Florida D~partment of Revenue sales tax identification number under F.S. ch. 212 (Florida Tax and Revenue Act) and a valid and current permit, license or approval under F.S. ch. 509 (public lodging establishments);

(6) The name, address, and telephone number of the vacation rental manager, !nc'.uding tl'I:;, vacation rental manager's license number;

(7) The applicant shall sign a written statement granting authorization to county code enforcement department to inspect the premises of the vacation rental unit prior to the issuance of the special vacation rental permit and at any other time after issuance of such permit, concerning compliance with the county land development regulations;

(8) The application shall bear the signature of all owners, all authorized agents and authorized managers of the owners; and

(9) Any additional information required to determine compliance with the provisions of this soction.

Notification to adjacent neighbors and permit, approval, lssuanco and appeal. (g)

(1) The applicant or agent shall send a "Notice of Vacation Rental Use Application" by certified return mail to all property owners located within 300 feet of the dwelling unit which is the subject of the special vacation rental permit application, not less than 30 days prior to the date of approval of the application. The notice of application shall be in a form prescribed by the planning director or his designee and shall clearly state the name, address and day/evening telephone numbers of each and every vacation rental manager, agent, caretaker and owner of the dwelling unit; the number of the county code enforcement department; and a copy of the tenants agreement. Notice to the adjacent property owners must include the following statement:

"You have the right to appeal a decision to approve or deny this special vacation rental permit to the planning commission within 30 days under section 102-185. You may have other rights that the county cannot enforce. Review of a special vacation rental permit appfication by the county will consider the existence of valld private deed restrictions, restrictive covenants or other restrictions of record that may prohibit the use of the dwelling unit for vacation rental purposes. You may wish to consult an attorney concerning these private rights."

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ATTACH ENT <g

(2) The applicant or agent shall provide proof to the planning departme nt of submitting the "Notice of Vacation Rental Use Application." The special vacation rental permit shall not be i~sued until proof of this notification is provided and the special vacation rental permit has been approved by the planning director after completion of an on~site inspection of the subject dwelling unit by the code enforcement department. When approved by the planning director, the special vacation rental pemiit shall not be issued until 30 days after the notices of application were sent to all property owners located within 300 feet of the dwelling unit that is the subject of the permit.

Flm~s or revocation of special vacatfon rental use pennrt. (h) A special vacation rental permit shall be revoked by the planning commissfon and/or fines levied by the code enforcement special magistrate or a court of competent Jurisdiction after a finding of a violation by the permit holder of this section, the special vacation rental permit or permit conditions or any material misrepresentation on the permit application, after the owner is given notice and a hearing is held by the planning commission, code enforcement special magistrate or a court of competent jurisdiction.

Duration .ind renewai of special vi!c&tiun rentn! use permit. (i) Special vacation rental use permits shall expire one year after the date of their issuance, unless renewed within 30 days of their expiration date. Renewal of a special vacation use permit requires the owner or agent to submit an application rn a form prescribed by the planning director to the planning department and payment of a nonrefundable fee, including proof of a current license and registration under F.S. ch. 509 and F.S. ch. 212.

Vecaticn !'Cntal manager llcer.se applic~t:on, Issuance, renewal, fln€s, and revocation. (j)

(1) An individual shall submit an application for a vacation rental manager lfcense in a form prescribed by the planning director accompanied with a payment of a nonrefundable fee. The license shall be issued for a period of one year and renewable annually. The license shall be for only one specific section of the county (Upper, Middle, or Lower Keys) and no individual shall apply for or be issued more than one vacation rental manager license at a time.

(2) After notice is given to the vacation rental manager and a public hearing is held, a vacation rental manager license shall be revoked by the planning commission and/or fines levied by the code enforcement special magistrate or court of competent jurisdiction upon a finding of: a total of two or more no responses to complaints registered by the public concerning tenants not following the terms of the tenants agreement, during any single year of the vacation rental manager's license: or two or more violations of this section which are pertinent to the duties and responsibilities of a vacation rental manager. A vacation rental manager license shall be revoked if the license holder is found in violation of any of the regulations in subsections (k)(1)-(k)(3) of this section.

(3) An individual who has had his license revoked shall not be eligible to resubmit an application for obtaining a new vacation rental manager license until two years after the date of revocation of his license.

Prohibitions, enforcement, and penaltle~. (k)

(1) It shall be unlawful for any landlord, tenant, agent or other representative of a landowner to rent, lease, advertise or hold out for rent any dwelllng unit for vacation rental use in any district where a vacation rental use is prohibited, except as otherwise exempted under this section.

(2) It shall be unlawful for any landlord, tenant, agent or other representative of a landlord to rent, lease, advertise or hold out for rent any dwelling unit for a vacation rental use wrthout a special vacation rental permit, except as otherwise exempted under this section.

(3) After the effective date of the ordinance from which this section is derived, leases, subleases, assignments or any other occupancy agreements, for compensation for less than 28 days in duration:

a. Shall not be entered into or renewed once they have expired or have terminated in any district in which tourist housing use is prohibited or in any district ir w:,ich a vacation rental

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ATTACHMENT g

use is allowed unless a special vacation rental permit, building permit, inspection and certificate of occupancy for the vacation rental use (or for the conversion of an existing dwelling unit to vacation rental use) are first obtained; and

b. Any pre-existing vacation rental uses shall not be considered a lawful nonconforming use under section 102-56 and must be discontinued in any land use districts that prohibit vacation rental uses no later than 30 days after the effective date of the ordinance from which this section is derived. Except that a vacation rental use that was established, and had obtained all of the required state and tocal permits and licenses, prior to September 15, 1986, or under any Code provisions that expressly allowed vacation retail uses, may remain pursuant to section 102-56

(4) Section 8-36 shall not bar code enforcement for new vacation rental violations occurring after the effective date of the ordinance from which this section is derived.

(5) Prima facie evidence of vacation rental uses of a dwelling unit shall ;nclude:

a. Registration or licensing for short-term rental or transient rental use by the state under F.S. chs. 212 (Florida Tax and Revenue Act) and 509 (public lodging establishments);

b. Advertising or holding out a dwelling unit for vacation rental use;

c. Reseivations, booking arrangements or more than one signed lease, sublease, assignment, or any other occupancy or agreement for compensation, trade, or other legal consideration addressing or overlapping any period of 28 days or less; or

d. The use of an agent or other third person to make reservations or booking arrangements.

(6} A violation of any of the regulations in subsections (k}(1 )-(k}(3) of this section shall be punishable as a second degree misdemeanor and by a fine of up to $500.00 per day, per un;t, per violation. The code enforcement department may also enforce the terms of this section by bringing a case before the special magistrate pursuant to section 8-37, or by citation under section 8-35, F.S. § 162.21 (as may be amended), or 76-435, Laws of Florida (as may be amended). If a code enforcement citation is issued, the fine shall be $250.00 for the first offense and $500.00 for each subsequent offense.

(7) In addition to any other remedies available to the county (including code enforcement pursuant to F.S. ch. 162). The county or any or other adversely affected party may enforce the terms of this section in law or equity. Any citizen of the county may seek injunctive relief in a court of competent jurisdiction to prevent a violation of this section or to revoke a special vacation rental permit or vacation rental manager license, as set forth in this section. Attorney's fees and costs incunred in an action to enforce these regulations concerning vacation rental uses may be awarded to a substantially prevailing party at the discretion of the court.

(Code 1979, § 9.5-534; Ord. No. 4-1997, § 22; Ord. No. 030-1999, §§ 1, 2; Ord. ~o. 44-2000, § 4)

Page 5

MDIA.l'lle ~ - n,t; FtondA ~s

http://www.monroecoynty;-ff.gr:N/ Upper Keys 305.453.8806

Middle Keys 305.289,2810

Lower Keys 305.292.4495

Flllng a Complaint?

FoDowthelinklD OID'onllne armplalntfonn

Code Compliance Department

Division of Growth Management

2798 overseas Hwy Sulte330

Marathon, FL 3 3050 Phone: 305.289.2810

Fax: 305,289.2858 www.monroecounty-tl.gov

'

' l \ !

' ' ·,

County of Monroa · .....

:'"· 11 ..

u :.;p,:l~iSii,.il"!.i~ The purpose of the Cocle Compliance

~partmentl5 ID promote, protect.Rd Improve tile health, safe1¥, ad welfare of

the c:itlRas of Monroe County and me e11vlrvDP1ent by pro"riclinr; equitable,

eiipeditioiu, and eft'ec:tlve enforwment of .U COUaty CodC!S MIiie establfshl11g a working

putnenhlp with Monroe County ueighhorhoods.

11':lr~-ton !:tatemeht

The mission of the Code CompHance Department Is to euhance and sustain the

qlllllh;y of life of dtizens and the enmanment through effective, expedltlom, and equitable enforcement and compliance

wtdl bufldiJJ& zoning. land dewelopment, envinmmental, and other codes and

ordillan.ces that protect public: health. Ul'e, s-afety, welfare, and natm.J re,rc,an:es,

Information to know before you oper1 your doors as a Vacation Rental _____:::===::::::=============::::::::::=:J

Overview af Vacation Rental Codes

DoesJOW-SOllillgUd/arlaJUI use dlstrlct allowv.ac:atto• rentak7 lfynur home ts Jocm,d In an Improved SUbdlvlston (JS) or Urban ~dential Mobile Home {URM) lalld use district: It Is IDllawful to rent or use a home as• short tenn Oe.ss than 28 days) rental.

Does JOW adwr1lsblg comply witll tile count7 CIDdell? All advertising should reOect 28 day minlm.1UD nay l'l!Qllimnelll: and monthly rates for reut:al or leme. All rentals should be for 28+ consecutive days and tX> the same

tenant • It Is ,mlawful for a,u, landlord. timan4 llll"nt oratner ~lllttl!e of a ltJ11dc,wner to i.nt. IIIG.Slr, attwntsa orltohl out(offerout)forrent any dwltlllng unit far 11ac:ation rentQI ILl't In aqy dlst:rlctwhere a vacation nnral uu (less titan 211 da;p) & prghibited.

Do you hue a business tu Hmnse? All rentals (long-term and short•temi. where allowed) require a bustnea tu license. Call 305.295.5010 for more Information or visit onllne at btw· (twww.monrncraxmllector.com l

World111.e n>0ttliler- tti l~-ptwt oi-<.rLLws.

Vacation Renlals mq be allo~d In Che

followlnc I.and Use J>lstrkts and require a

Special Vacadoa Rental Penalt:

SR (Suburban Residential) MU (Mlud Use) UR {Urban Residential) JS·V {hnproved Subdlvlsloo Vacation Rental) OS [Offshore Islands)

Vacation Renlals are oot llllowell In die followtq Land Use J>tsb'lclr. IS {ImproYed Silbdtvlslon) URM (IJtiian Reskiendal Mobile Home) IS-M (bnpruvedSubdMslon Masollll')

C 4.LL DE:FURB YOU REN r ya,,r hc,mt>

Pl- call If you h- any qumlalu with regards er, che a[Jowqb/6 uses inyo11r land 1M

dimict/ronfng dlrtr1ct.

UpprKeys Code Compliance Planning Mlddl11Kqs Code Compliance Planning Lo-Kq.t Code Compliance Plitnning

305,453.8806

305.453.8800

305.289.2810

305.289.2500

305.292.449S 305.289.2500

NoJ.fDimirilOlfOII luua please oootact tbe Sheriff's Office: Upper Keys Middle Keys LowerKeys

305.853,3211 305289.2•30 305.745.31M

Specral i·Ql'.alli,n Rental Permit Information

Ymt-""' olltt,u, ttw 111/0ffltat,o,1 to opp(> /r,1 a 5-,,...,111 • IIJ;tl'IO/f Rettlal Pt:nnll /,y c..a/1,ng tftf. ~ ~"' JOS 219.2500 or CICUR~ tile~ w.fmllr.

fi,tl.J IIW't•,i; mon,-oet:ount~-0 .KQ:t.

411 0- ,,, .I.gt/Ill"' t"'luiMd to obtirui nn lllflflMll 'IJ'-1"""""'111 nnMpetlllllJOI ~-.clrdt.eilu,g11n,tpr.u1 1o1-,llllll<l\11 WC41J1>11tf!11Ja1

,i Wll.atlon -entuJ p,ullUI 111t0t r.:q1awl ,f,. WM.11tlt>1' talla/ ~ II dw«lbot IOIII la,.-,,:d wrdu11 .i ,""'1r>llt4 ac • .n,, tflll'-d t-11 ",tA, 0 """- • 0, Jllop.l•)' OM-- l

.-«.tcdron dwl *1l"U-'ly tdJfll•• ,,,

~ · \411..itwlf ' ·"""-

1":...- loA ,._,,i:1_,,....,, •• ,,...,,,.~ .. .. , .., - - • .,.. ,.._ ... /;r,d +-•OIIII> , .... ~ ol' ...... llw't,c.-i., M itt ..... , ..... , i.L

Mulll/tll"tl• • ac:at1011 rent/il:1 (()1.-a/ed m a -1:tJ,fwml: ttu:lnd INIIIIMllr :, 11""1 -t..,tllll'I' IMll "'11, ,a,;av«l 4111 e""91'P1 (,OM ~ pu,,,llllfl """""' Pl, - t.OIIIIU:t tlt6 Pim,fl,Ifg .ik:pa,,,,_t for 'l'Urfi.

lt9.1111_,.t.

MONROE COUNTY Pl.ANNING & ENVIRONfvIENTAL RESOURCES DJr.:PAR'fMEN'f

I •,,_ •

• '' I,'- :. I·. ... ~~•.:.r

I 1. ' ' , t ,

Request for a Sped ru Vac· tfo n Rental Per:w.it (lni.l:ial)

Vacation Rental Application Fee: $493.00 This application andfee is for initial applications only, not renewals.

Vacation rental means a dwelling unit that is rented, leased or assigned for tenancies ofless than 28 days duration.

An owner or agent is required to obtain an annual special vacation rental permit for each dwelling unit prior to renting any dwelling unit as a vacation rental except as· provided for under Monroe County Code. A special vacation rental permit is nontransferable between owners. A change of ownership of the vacation rental unit shall require the new owner or his agent to obtain a new vacation rental permit for the residential dwelling unit.

Date of Snbmittul: ---'/ ___ / __ _ Month Day Year

ApplicanWropcr'ty Owner:

Property Owner (Name/Entity) Contact Person (If Different Than Property Owner)

Mailing Address (Street, City, State and Zip Code)

Daytime: Phone Email Address

Vucetion Renti!ll 1\b,nager:

Vacation Rental Manager Name

Address (Street, City, State and Zip Code)

Daytime Phone Email Address

Page 1 of4 I I ATTACHMENT ~

I \ I 1,

Legal Description of Propet'ty: (If in metes and bounds, attach legal description on separate sheet)

Block Lot Subdivision

Real Estate (RE) Nwnber

Street Address (Street, City, State and Zip Code)

Cu::rnnt Lm.1d Use :mst.tict Design~tiom ____ _

Key (Island)

Vacation rentals may only be permitted in the following Land Use Distiicts: Urban Residential (UR), Suburban Residential (SR), Suburban Residential-Limited (SR-L), Improved Subdivision-Vacation Rental (1S-V), Destination Resort (DR), Conm1ercial Fishing Special District 16 (CFSD-16) • .M.ixed Use (MU) & Maritime Industries (MI)

Vacation rental use of non-conforming dwelling units that arc not deed restricted as affordable housing, employee housing or commercial apartments may be permitted in the following Land Use Districts: Urban Commercial (UC) & Suburban Commercial (SC)

Vacation rental use of a dwelling unit fa ei-dsten,;e as of January 1, 2000 may be permitted in the following Ltnd Use District: Offshore Island (OS)

Ail of the following must be s.iiJmitt~d In o:'de1· ti, hswe n compfote nppU.cati<m sa brnittnl: (Please check as you attach each required item to the q>plication)

0 Cc!Iiplett vacaiioa rentru applk atfon (unaltered and unbound)

0 Correct fee (check or money order to Monroe County Planning & EnvironmenW Resources)

10 Cur t·ent Prope!'ty :Record Card(s) from tile Monroe County :Properly Apprai~er

0 Proof of owne:r11bip (i.e. Warranty Deed)

0 Pbotcgraph of d·welling unit front adjacent t·oadw:iy

0 Floor 1,Ian of dwelling trait (showing S(!uare footage, building layout and types of rooms)

D Site Plan (including a!i property lines, structures, drives and parking spaces)

0 Cui·i-ent m:d vnlid Monroe Coun•cy .Bnsines5 Tri:

0 Cui"rent and vrJid Flol'itk Depar1meut of Ilievenue Cerlillcllt·c of Registration (issued pmsuant to Chapter 212, Florida Statutes)

D Cur r ent ond valid Flori.da Dep: 1·bn"nt af llusJness :;n~ Professional P..egulntioni liunse (issued pursuant to Chapter 509, Florida Statutes)

0 Current :md vnlld feder iil tax identiflcati.on qu mber

0 Approved Filorlda Depal'tmcnt of !.foaUh or Fforida J;~11artmcnt of :En1r!ronmentct Protection in:.ipectlora or ce11ificatfon oft.be. ii.d,equacy of the lH:"Nage dispo,sal syst~1 for us~ as a vacation r mtesl

D Cun ent and valid Special Vae,~tion Rental Manag~r License (or copy of application for license)

0 Co1>Y of completed "Temm::S Agr eeme11t" (please see attachment)

D Copy of completed "Notice of Vaeatlou Renml Use" (please see attachment)

Pagel of4 11 TTAGHMENT

II ( IH,,

D J~.rouf that the c01n1>Ieted "Nctlee of Vacation Rental Use" and "Tenants Agre~l!lent" were seni by c~11ified :·eturn mail to al! pmperty «wnet-s fotnte<! within 300 feet .gf the p.l:"operty oil which t i.le dwelling 1.11it is situeted, not less thtin 30 day!: prioc 1to the dnte of n11pr0Vill of the :;.ppl!Clition (this lis( should be compiled from the current tax rolls of the Monroe County Property Apprais'-'1'. In the event that a condominium development is within the 300 foot radius, each unit owner must be included)

0 Au npptsond inspeeti@n repo!·! !from tho Office ol' th~ Fire Mn.n t.ru. ,·e,•ifying compllaucc -vlith NFP A Life Safety Code 101

If applk:1blc, the foUowlng umst he submitted in or{ler to ·1i1ave ! t cor:nplete applicati!Jn :;uhmli..tal:

0 Notnf'ized Agent Aefilo1izntion Letter (note: authorization is needed from all owner(s) of the subject property)

If deemed necessary, the Planning & Environmental Resources Department reserves the right to request additiotml infomu:tion.

Pagel of4

ATTACH , ENT

I certi!y that tiU provis!ons anc! rcgu.!ntions set !oi-th in Mo1u·oe County Cod e, Vnca:ition re!l.tal uses, sh;;,11 be met.

I cert!fy thnt I am fo:tnUtar with the information contained In this r~1>plicatt ou, and tltat to the be~t of my knowledge such icforrm1ti1H1 is true, ~ompfot,~ an~ ar.cm·ll!e.

I gr•nt fr.e Moni'oe County Cooe Compltance Department the right to ii"'lS!lect the premi~es of tbe vacation rental nntt prior to the =~snance ttftbe special yac:.tion rental pe1·mit anti ht Si ny cthe1· time after l.1suimc1) of

the pennit to ddernllne com}>Uance with the county Janel development n ~glilations.

This application shall bear the 11ignature of all owncr(s) and all r.uthorized manager(s) of the owner(s). if necossary, please attached additional sheets with notarized signatures of aU other authorize property owners and/or vacation r~mtal managers:

Pn,pe:1y Ownei' Signature:

Pr iuh:d Name of Own,]r:

Sworn before me this ___ day of ____________ . __ _

v,,catlon .Rental Manager Signatu~: _____________ _

.Printed Nnrae of Manager:

Sworn before me this ___ day of ____________ _

Date: ________ _

D::ite:

Notary Public My Commission Expires

---------


Please deliver or mail the complete application package to the Monroe County Planning & Environmental Resources Department, Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL 33050,

Pag,: 11, of 4 ATIACHMENT g

I l I

MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEP ART.MENT

NOTICE OF VACATION RENTAL USE APPL!CA TICN

The following infonnation is regarding a special vacation rental permit application for the following property.

You have the right to appeal a decision to approve or deny this special vacation rental permit to the planning commission within 30 days under Monroe County Code. You may have other rights that Momoe County cannot enforce, Review of a special vacation rental permit application by Monroe County will consider the existence of valid private deed restrictions, restrictive covenants or other restrictions of record which may prohibit the use of the dwelling unit for vacation rental purposes. You may wish to COl.1;:i!.!Jt an attorney concerning these private rights.

The Monroe County Planning Department may be contacted at (305)289-2500 and the Monroe County Code Compliance Department may be contacted at: Lower Keys office (305)292-4495, Middle Keys office (305)289-281 O and Upper Keys office (305}453-8806.

Legl!:i Description of Property: (Ifin metes and bounds, attach legal description on separate sheet)

Block Lot

Real Estate (RE) Number


ApplicaniJP1·01lei1y Owner:

Property Owner (Name/Entity)


Daytime Phone/Evening Phone

Vacation Rental Matnagc1·:

Vacation Rcntlll Manager Name:



Subdivision Key

Contact Person (If Different Than Property Owner)

Email Address

Email Address

If necessary, please attach additional sheets with names of any other vacation rental managers, agents, caretakers and/or owners of the dwelling unit.

Pag.! 1 of l ATTACHl'ffNt ~

SP:ECl AL VACATION REI~TAL PERMIT REGULATIONS AND CONDITIONS 'l'ENANF•S AGREEMEN'"f

Legal Descript!on of Property: (If in metes and bounds, attach legal description on separate sheet)

Block Lot Subdivision Key



l) No more than one motorized watercraft, including a jet ski or wave runner, shall be allowed at each vacation rental unit The watercraft may be moored at either an existing on-site docking facility or stored on a trailer in an approved parking space.

2) Vehicles, watercraft and trailers shall not be placed on the street or in yards. All vehicles, watercraft and boat trailers must be parked or stored off-street in parking spaces specifically designated and approved in the special vacation rental permit. One vehicle parking space shall be required per bedroom or efficiency unit and one boat trailer space per vacation rental unit.

3) No boat docked at a vacation rental property shall be chartered to a person other than registered guests of the vacation rental unit or used for live-aboards, sleeping or overnight accommodations. In addition, recreation vehicles shall not be used for sleeping or overnight accommodations at the vacation rental Wlit.

4) Occupants shall be prohibited from making excessive or boisterous noise in or about any residential dwelling unit at all times. Noise, that is audible beyond the boundaries of the residential dwelling unit, shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m. weekdays and 11:00 p.m. and 9:00 a,m. on weekends.

5) All trash and debris on the vacation rental property must be kept in covered trash containers. Each vacation ren.tal unit must be equipped with at least four covered trash containers for such purpose. Owners must post, and occupants must comply with, all trash and recycling schedules and requirements applicable to the vacation rental unit. Trash containers must not be placed by the street for pick-up until 6:00 p.m. the night before pick-up and must be removed from the area by the street by 6:00 p.m. the next day.

6) A tenant's agreement to the forgoing rules and regulations must be ma.de a part of each and every lease under F.S. § 509.01 for any vacation rental unit subject to the provisions of this section. These vacation rental regulations governing tenant conduct and use of the vacation rental unit shall be prominently posted within each dwelling unit subject to the provisions of this section along with the warning that violations of any of the vacation rental regulations constitutes a violation of this Code subject to fines or punishable as a second degree misdemeanor and is also grounds for immediate termination of the lease and eviction from the leased premises and criminal penalties under F.S. § 509.151 ("defrauding an innkeeper"), F.S. § 509.141 ("ejection of undesirable guests"), F.S. § 509.142 ("conduct on premises) or F.S. § 509.143 ("disorderly conduct on premises, arrest'').

7) The owner or agent shall require a lease to be executed with each vacation rental use of the property and maintain a guest and vehicle register listing all vacation rental occupants1 names, home addresses, telephone numbers, vehicle license plate and watercraft registration numbers. Each lease and this register shall be kept by the vacation rental manager and available for inspection by county code enforcement personnel during business hours.

ATIACHNENT ~

8) Va.cation rental units must be registered, licensed and meet all applicable state requirements contained in F.S. ch. 212 (Florida Tax and Revenue Act) and F.S. ch. 509 (Public Lodging Establishments) as implemented by the Florida Administrative Code, as may be amended.

9) The vacation rental use must comply with all State of Florida Department of Health and State of Florida Department of Environmental Protection standards for wastewater treatment and disposal.

; O) All vacation rental units shall have a vacation rental manager, who has been issued a vacation rental manager license by the planning department. The vacation rental manager shall reside within and be licensed for that section of the county (Upper, Middle, and Lower Keys) where the vacation rental unit is located and be available 24 hours per day, seven days a week for the purpose of promptly responding to complaints regarding conduct or behavior of vacation rental occupants or alleged violations of this section. Any change in the vacation rental manager shall require written notification to the planning department and notification by certified return mail to property owners within 300 feet oftbe subject dwelli11g.

11) Complaints to the vacation rental manager concerning violations by occupants of vacation rental units to this section shall be responded to within one hour. The neighbor who made the complaint shall be contacted by telephone or in person and informed as to the results of the actions taken by the manager. A record shall be kept of the complaint and the manager's response for a period of at least three months after the incident, which shall be available for inspection by the county code enforcement department during business hours.

12) The name, address, and telephone number of the vacation rental manager, the telephone number of cmmty code enforcement department and the number of the special vacation rental permit shall be posted and visible from the front property line of the vacation rental unit.

13) The tenants' agreement with the rules of conduct shaJl be posted in a conspicuous location in each vacation rental unit.

14) Occupancy of vacation rental unit(s) shall be limited to no more than two (2) individuals per bedroom, or no more than two (2) individuals per efficiency unit, when rented as a vacation rental unit subject to th.>: provisions of Monroe County Ordinance No. 004-1997.

15) Review of this permit did not consider the existence of valid private deed restrictions, restrictive covenants or other restrictions of record which may otherwise legally prohibit the use of the dwelling unit for vacation rental purposes.

VIOLATION WARNING Violations of any of the vacation rental regulations constitutes a violation of Monroe County Code punishable as -.

second degree misdemeanor and is also grounds for immediate termination of the lease and eviction from the leased premises and criminal penalties under Florida Statutes §509.151 ("Defrauding an Innkeeper"), §509.141

(''Ejection of Undesirable Guests"), §509.142 ("Conduct on Premises) or §509.143 (Disorderly Conduct on Premises, Arrest").

ATTACH E f

Tnis tenant's agreement shall bear the signature of all owner(s) and an authorized manager(s) of the owner(s). If necessary, please attached additional sheets with notarized signatures of nH other authorize property owners and/or vacation rental managers:

Property Owner Signature:

?rioted Name of Owner:

Date: ---------

Sworn before me this ___ day of ________________________ _

Vacntion Rectn.i l\'fanoger Sign:.tnre: __________ _ Date:

Printed Ni:,me of Manager:


---------

Sworn before me this ___ day of _________________________ _


MONROE COUNTY FL.ANNI:l";G & l~~rVIR.Oi\11\1£ENTAL RESOURCES D.K PAR'fi\lll:..N'f

Request for a Spedal Vacation Rental lv.Tonagr.r License

Vacation Rental Manager License Application Fee: $106.00

nu.te uf Submittul: __ ....;/ ___ / __ _ Month Day Year

Applicnnt/Vac:,tion R entnl Nlannger :

Name


Daytime Phone

Evening Phone

Email Address

Sub Area (Upp~r Keys, Midd!e K eys or Lower Keys): _________________ _

All of t!ae following must be suln uiti:erl in order to hr-ve a complete epplication submittul: (Please check as you attach each required item to the application)

D Complet1.1 vacntiou r ental manager license npplicatlon

D Correct fee ( check or money order to Monroe County Planning & Environmental Resources)

If deemed necessary, the Planning & Environmental Resources Department reserves the right to request additional information.

The license shall be issued for a period of one (I) year and renewable annually.

The vacation rental manager shall reside within and be licensed for only one sub-area of the County where the vacation rental unit is located. The vacation rental manager shall be the designated contact person for responding to complaints made by neighbors against vacation rental tenants and responsible for maintaining the guest register, and official complaint response records for a vacation rental unit.

ATTACHMENT i

The vacation rental manager shall be available twenty four (24) hours a day, seven (7) days ;. week for the purpose of promptly responding to complaints regarding conduct and behavior of the vacation rental occupants or alleged violations of the vacation rental ordinance.

Complaints to the vacation rental manager concerning violations by occupants of vacation rental units shall be responded to within one (1) hour. The neighbor who made the complaint shall be contacted by phone or in person and informed as to the results of the actions taken by the vacation rental manager. A record shall be kept of the complaint and the manager's response for a period of at least three (3) months after the incident, which shall be available for inspection by the Monroe County Code Compliance Department during business hours.

The guest register shall list all of the vacation rental occupant's names, home addresses, telephone numbers, vehicle license plate and water craft numbers.

Each lease, provided by the owner, and this register shall be kept by the vacation rental 1IUUU1.ger and made avai1able for inspection by Monroe Cowity Code ComplianceDepartment personnel during business hours.

After notice is given to the vacation rental manager and a public hearing is held, a vacation rental manager license shall be revoked by the planning commission and/or fines levied by the code enforcement special master or court of competent jurisdiction upon finding of: a) a total of two (2) or more "no responses" to complaints registered by the public concerning tenants not following terms of the Tenant's Agreement during any single year of the vacation rental manager's license; orb) two (2) or more violations of the duties and responsibilities of a vacation rental manager. An individual who has had his vacation rental manager's license revoked shall not be eligible to resubmit an application for obtaining a new vacation rental manager license until two (2) years after the date of revocation of his license.

I certify that I am frunllia•· with the infonmd:ioa co:itnined tn this ui.~1,iication, a.id t l1at to the test of my knowledge such iuformation ls tt·ue, complete a.nd accumte.

Vacation :Rental Manager Slgnnture: Date; ________ _

Printed Name of Mannger:

Swornbeforemethis ___ dayof ________________________ _


Please deliver or send the complete application package to the Monroe County Planning & Environmental Resources Department, Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL 33050.

:r Lri

Stan BoJing - I lL -

From: Sent: To: Cc: S1.:bjoct:

Attachments:

George Bryant <[email protected]> Tuesday, June 09, 2015 2:13 PM Wesley S. Davis; Bob Solari; Joseph E. Flescher; Peter D. O'Bryan; Tim Zorc Bill Debraal; Stan Boling; [email protected]; [email protected] Comprehensive Vacation Rental Ordinance as Proposed by The Moorings of Vero Property owners' Association, Inc. lRC VACATION RENTAL ORDINANCE IV.doc; MPOA Vacation Rental Exective Summary.doc

Dear Commissioners Davis, Solari, Flescher, O'Bryan and Zorc:

On behalf of the Short-term Rentals Special Committee of The Moorings of Vero Property OWners' Association, Inc., i enclose a Proposed Comprehensive Vacation Rental Ordinance, togethsr with an Executive Summary as to that Ordinance. The MPOA Special Committee looks forward to working with the IRC Board of County Commissioners toward the passage of such an Ordinance in order to properly regulate vacation and event rentals In Indian River County. The Special Committee has already commented to BIii Debraal and Stan Boling as to the event rental and parking ordinances currently pending before the IRC Board of County Commiscioners.

Further, the Special Committeu is willing to send a representative to any Short Term Rentar Committee established by the I RC Board of County Commissionars.

A'fTACHMENT q

EXECUT1IVE SUMMARY

FROM; The Moorings of Vero Property Owners' 1\ssociaUon, inc. - Short- term Rentals Special Committee - Gecrge Bryant, Vic Cooper and Bob Dev\laters

TO; Indian River County Commissioners \!Vesley S. Davis, Bob Solari, Pet er D. O' Bryan, Joseph E. Flescher and Tin, Zorc

SUBJECT: Proposed C:ornprehensive Vac;:Jtion Rental Ordinance

DATE: Junf:! 9, 2015

The Moor:ngs o f Vero Property Owners' fu sodat:io n, Inc. {MPOA) has ovP.r 1,150 property owner members in The M ,oodngs area of Indian River County (JRC), induding over 1.90 individlial'

homeowners. Because of its concern with the abuses of shortterm rentals of individual homeowners' proper ties ,in JRC, the M POA created its Short-t ,erm Rentals Special Comn1ittee {Committee}.

·1·he Committ ee ha.s prepared and at t ached to this Memorandum a proposed Ord inance for adopt ion by the IRC Board ,of Count'/ Commissioners. The Ordinance proposes a comprehensive approach to tile regulat,on e>n vacation rentafs hi IRC, based cm similar ordinances alr~ady adopted by other Florida

munidpa!ities.

The Ordinance woufd apply to both short-term (less than 28 days} rentai•s and ev,ent rentals (for V•leddings and otht~r con1mercfai Events). It also covers parking at properties subject to short-term

rentals. It reguiat es noise, trash und other issues related to such rentals. It also establishes a mechanism for handling neighbors'

complaints about those rentals. Further, it reqlti r ,es the owners of such r,ental propert ies to obtarn a ,,a cation renta f permit, provides r(.!)Jated procedures for revocation of such permits for vh:.>lations o·f the Ordinance, and olso establishes fines for a failure to obtain a rec~uired permit.

The Committee notes that the Ordinance's Regulations sect ion (a){lO){d) requires the o,wners of a vacation renta I property to comply with the Amerkm1s with !Disabilities Act, u~ appiicable. As most such pro perties (other than t hose occupled by an owner} are stibject to the ADA, that requirement may be one r·cus. On the other hand, the Committee also notes that the Ordinance does not provide (2s do s;milar ordinances of other Florida

municipaHties) that the property must comply with F.S. 196.061 with resp,ect to the aba11donment of a property's homestead e:xemption, if it is rented.

The Committee is willing to s,end a representatrve VJ any Short Term Rental Committ1zt~ established by the !RC Board of Countv Commis.siont?rs.

2

ATTACHMENT q

[Draft - 6/9/151

INDIAN RIVE~ COUN:TV, FLORIDA - CODE OF LAWS AND ORDINANCES

ORDINANCE 2015-XX

AN ORDINANCE OF INDIAN mvrn COUNTY, FLOHiDA, CONCERNIN G AMENDMHlTS TO iTS LAND DEVELOPMEi'iff i1EGUlATIONS; PROVIDING FOR AMENDMENTS TO CHAP"fER 901, DEFINITIONS, PROVIDlNG FOR A Ni:.W CHAPTER 953, VACATION RENT,'il USES; CODIFICATION; SEVE!lA31LITY; AND EFFECTIVE DATE.

~i::: IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDlAN Ri'VErl COUNTY, FLOHIDA THAT THE lt-!DlAN RIV!!R COUNTY LAND DEV!::LO?fv1ENT REGULATIONS, lrJCLUD:MG AMEr-!DMENTS TO CHAPTER 901, Of:FINIT!ONS, AND A NEW CHl,PTER 953, VACATIOI-J RENTAL USE.5, 6E AMENDED AS FOLLOWS:

SECTION #1: NEW DEF!t-AITI0.1J

Add new definiti'ons to Section 912.03. - Definitions. reading as follow.§:

Event ,-enta/ unit an <!Uachcd or detached dwemng un!t that is used, maintained, marketed, promoted o r i'Jdvert ised as being avaUabfe for renl, l~ase or assigned for t enancy for a gat hering 'for any function or speciJI event, includir.g, b•Jt not limited to, any wedding, retreat, party or other commercial use.

Var::c1tion rental or unit any attached or de·tached dv-1e!!i r.g unit that is :-ented, leased c.r assigned for tenancies o f less than twenty-eight (28) days duration or any event rental unit. Vacation rental does not include hote!s, mate~s r:md RV spaces, which are specifical ly addressed cy ot h,er ordinances.

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SECTION #2: NEW CHAPTER

Add to Title iX - LAND DFlVElOPMENT R,EGUL.Al"IONS a n ew Chapter 953,. - VACATION RENTAL USES -re~ding as follows:

§ 1 Tit!e.

This chapt,er, and the t1":rms and provisions contai r-,ed herein, si1<1!1 be knowr. as the "Vacation Rental Uses Ordinance'' of Indian River County.

§ 2. Purpose ancl intent.

It is the purpose and intent of this chrlpter to prov idt~ for the safe and peaceful use of vacation rental properties thrm~ghcut Indian River County.

§ 3. Applicability

The requirements set forth In this chapter shall be applicable to all hmd development activities in the unincorpornt ed ~rea o f lrn.H~n River County.

§ 4. Defini tions

The definitions; used in th is chapter are ind udt=d in Chapter 901.

§ 5. Vacation R•enta l Uses

(a) Regulations. All vacation rental or unit s, requiring a vacation rental permit , shi3ll comply w it h the foflcwing regulat ions at all t imes: (1) Occupancy of a vacatl!>n rental or unit shall be limit-eci t c no rnol'e than two {2) ind ividuals per bedroorn o r t o no more t han t wo {2) individuals per efficiency unit. (2) Ail vehid es, wat ercraft and t railers at t he Vacation rental or unit shall nc•t be piaced on the street o r in yards. All vehicles, watercraft and boat trailers must be parked or stored off-street in parking !ipaces specif ically designed anC.: appr,1v~d in the vi:lcatinn

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fental permit. One vehicle parking space !:hall be required per bedroom or efficiency. (3) No more than one rnotc:-ized 'Naterc,·aft, induding a· jet ski or wave fummr, shall be allowed 2t e3ch vacat io n rental or unit. The waterc:rnft may be moored at either an eKisting on-site docking facility or stored on a traiit".!r il1 an approved parking space. (,i) No boat docked at a va,~at!on rental prope:t y shall be ,-:hartered to c.i person oth~r than registered guests of the vacation rental unit or used for living on h:>ard, sleeping or other overnight ai:commodations. !n addi~!on, recreational vehidcs .;hall not be used for sleeping or other overnight accommodations at the vacation rental unit. (5) c,c~upar:ts shall be prohibited frnm making excessive or boistErnut no ise i r, or abcl!t any vacation rental or unit at all times. Nc,lse, t~at is i.mc.Hb!e beyond the boundaries of the vacat ion rent ai or unit, shall be prohibited between the hours of 10:C-O p.rn. i!ncl 8:00 a.m. wee!<da\1S and 1 :l;OO p.m. and 9:00 a.m. on w eekends. {6) All trasi, cmd debris on the vacation rentai or unit must be kept In covered tf'ash cont ainers. Each vacatlcm rental or l!nit must be equipped with at lesst four covered t rash containers for such pu:-pose. Owners must post, and occupants must comj,liy with, aU trash and r~cyding schedule:; and requirements applicable to the vacation rent al or unit Trash containers must not be p laced i:>y the street for pick-up until 6:00 p.m. the night before pick-up, and must b2 removed from t he area by the street by 6:00 p.m. the next day. (7) A tenant's agreement to the regu:ations in this section (a) must be ma,de a part of each and every lease for any vacat ion rental or unit subject to the provisions of this Chapter. The foregoing rules and regu!ations govarning t.:?nant conduct and use of the vacatic n renta l or unit shall be prominently posted wit.hin each vacation renta l or unit subject to the provisions of this Chapter along w ith the waming that vic.,f 3tions of any of these vacation ;-entai regulations const itutes a violation of t his Chspter, subject to f ines Di punishablr:? as a second degr~e misdemeano:·, and is afso grolJnds for immediate termim~tion o'f the lease and eviction from the le2seci vacation rental or ur.it and crlmlnar penalties under F.S. § 509.1.51 {"def rnuding an innke,eper''), F.S. 509.141 ("ejection of undesirable guests"), F.S. § 509_.142 ("conduct on premises") or F.S. § 509.143 ("disorderly conduci on premises, arrest}. rn(S) The owner or age,1t of a vacation rental or unit shail require a lease to be executed 1.vit.h ec1ch renter of the vacation rental or uni t, anc:i shall

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maintain a renter ~md vehid•~ register list ing the names, h~rne addresses, t elephone numbers, v2hicle lice11se plate and watercraft registration numbers of each such renter. Each lease and this register shall be kept by the vacation rental manager and avai tab!e for inspect!on by county code enforcement personnel during business hours.11l(9)ffi Each vacation rental or unit must be registered, li~;ensed anc! meet ell ,1pµlicable state requirements contained in F.S. ch. 212 (Flcrida Tax and Revenue Act) and F.S. ch. SOS (r'ublic Lodging Estabirshme1,ts), as imp!emented by the Floridc:: Administrative Code, and as they may be amended. ro(lO}lil The use of the vacation rental or unit must comply with {r) all State of Florida Department of Heall h standards, (b) ail State oj Florida Department of Environmental Protectic,n standards for waste'.tvater treatment and disposal, (c) ail applicable county and .state fire, safety t111d m:her codes, ordinances, rules ar.d regu la-tion,s, and (d) the Americans With Disabi!:tles Act, if applicable. (1:J.} rnEach vacation rental or unit: shall have a vacation rental maniger, as ;:.m:.>vided in section {d). The vacation iental manager shalt rnside within the count.v, and be available for t he purpose of promptly responding to corn plaints regarding conduct or behavior violating of this sectio n {a). The name, adcress and telephone number of the vacation renta l manag12r, the 'i.elep:10ne number of ooun'ty code enforceme1,t depc.1rtment and the number of the vacatilln rental permit shall be given, by written no tice, to each o",mer of property abutt ing the vacation rental or unit. (12}rn The vacat!on rental manager shall ~, romptly respond to each complaint concernii1g violations of this section {a) by occupar!ts of each vacation rental or unit. The per~on vvho made the complaint shall be cor.tacted by telephone or in person, and informed as t o the results of the actions taker. by .:he vacatior, rent al manager. A rec.,rd shali be kept of t he compla i:it and the vacation rental manager's response for a period of at least three (3) mont hs after ths incident, which shall be available for inspection by t he county code enforcement department during business hours.

(b)lil "lizrt:at:r.m r~t, tal p,?rr.1it:.lil An owner or agent shuil obtain an annual vacation rental permit for each vacation rental or unit prior to renting any dwelling as a vacation rental or unit, as d~fined in section 912.03, except as provided for under sect ion (c) . .4 vacation rental permit ls

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r.ontransferabla between owners. A change of ownership of the

vacation rental or unit shall require the new ovmei or his ag':!nt to

obtain a new vaca'Uon rentcif permit for the vacation rental t,r un!t .

(c}~ i::<E: ... p'i:lons.1!1 ,{}., vacat ion renta,i permit is ilOt required for the

following:!?.I (1) .A. rentai cf a unit locutet'::! within a community having a

condcminiurn, homeowr.er's or othe:- property owne r 1s association that expressly regulates or m anages rental uses; or 111(:l.) J-\ vacat ion rental of

a d•JJemng unit within a mulUfornily building located 'Nithin a multrfamlly

district, which has 24 ho1..:r on-sit e managemer)t or 24 hour on-sit e supervision.

(d) ·•.r.m;:~t~,;:~·. renta1: :._.itm1..:?ger.f1.I The vacation rental manager shail be: (1)121Ar1 ov:ner l,f the vacatior. rental or unit or an agent of such owner, (2) The designated contact for respt,nding to complaints made by

neighbors ~gainst t enants or o ther ~sf!rs of l:he vacation rental or ur:it, and {3)1i!Responsible ,or maintaining the guest register, ieases and offic:al com;Jlaint respons,~ records for tht':! vacat!on renta: or unit as rec;uircd by this Chapter.

fe} \h .. r.at'.fcn ,'.~u i.a~ permE ~ppHcatlor.. A cornplt'?te vacation rental p2rmit applicatior: shall include the following:!?! (1) The complete lega:

descript ion, street address .. RE number and location of the vacat ion

rantal or unit; (2)17.lProof of ownership and t he name, address 2nd telephone number of c~ach and every person or entity with an ov:mership im.er~st in the vacation renta l or unit; {3)rnt\ n approved Florida State

Deputmeilt of Health or Florida State Department of Environmental

Protect :on inspect:on or certifkation of the adequacy of the sev,rage ::Hsposa! system for use as a vacation rental o r uniti (4)Ilffhe gross square

footage of the vacation renta l or uni t, locat ion and number of rooms,

bedrooms, bathrooms, kitchens, ~part ments, p~rking spaces and any

ether infor mation required to determine ccmplim1ce with the prc•,isions

of this Chapter; (5)fM vaiid and currer.t Florida Departmtmt o f Revenue

sales tax ider.t ificat ion number under F.S. ch. 212 (Florida Tax and Revenue Act) and c: valid and current permit, Hcrc!nse or approval under

F.S. ch. 509 (pubHc lodging establishments}; {6)rnThe name, address and

telephone numcer of the vacation rental managsr; (7) ThP. apj)licant

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shall sign a written stat~ment (c:) granting al!thorlzat ior. to th!! county code enforcement department to inspect the premises of the vacation rentc::1 or 11nit p rio r t o the issuance of the vacation rental permit and at any other time after issl!,~nce o f such pe·rmi'!:, concerni nl{ cot-npliance 'Nith t his Chapter and all other county land development rngulations, am! (b) sta"i:ing that the vacation rn!ital or unit is not presently claimed to be a homesb?ad for t ;:Jx purposes; (3) ·rne application shal! bear the signat1J:-e of all ovmers, all authorized agents and a li applkable vac2tion rental managars; and (9)111Any additionai information r equired to determine compliance with die provisions of this Chapter.

(f) ~Petrr•F:, H: !!riS'."; t ~d faes. {1) Vacation renta l pt~rmits wiil be issued by the community deveioprncr.t director or designee, upon payment c f cJ nonrefundable foe ai1d subm:t tal of" complete application in a form presc;ibecJ. by the ccJ t'l'ltllun:ty p!annir.g director il, acco,rdance w ith seclion (e) of t h is Chapter. 11l(2) The annual fae fo!" vacaticn rentai permits shall be establi~hed by resolution of the board of county commiss:oners. ITi{3)rnA decision t o approve rJ r c!er:y a vacat ion rental permit may be appealed to the code enforcement bo.~rd within thirty (3C) days pursui:lnt t o section 902.07.

(g)ril :=in~s ~r r.:?'JtiCai:ion -;:,f vacation rm'ltcil penn!i:. l?:A vaciltion rental permit shull be revokecl by ,:he code eriforcement board and/or fimas levisd by a code enforcement office!' or a court o f competent jurisdict ion after a finding of a violation of th is Chapter by the permit hokier, the vacation rental permit or permit conditions or anv material misrepresentat ion on the permit application, after the ow:H~. rjf the vacation renta! or •..1nit is given notice and a hearing is held by t he code enforc~ment board, the code e,1forcement specia1f mast er or a court of compeLen"i. j urisdiction.

(h}llJ Or.!t~i:ion and ren~wal v·~ 11a~ati~:'i rental p,;,,:rm!t. Vacation renta: permits shall e>:p!re one year after t he date of t heir issuance, unl~ss renewed within thiri:y (30} days of their e:-.piration date. Renewal o'f ~ vacation rental permtt requirns the owner or agent to submit an ap::,lic, tion in a -form prescrib~d by the community development director, and payment of a nonrefundable fee, inch.idlng proof of a

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current license and registration under F.S. ch. 212 and F.S. ch. 509.

(i}lil :'1rcl~:!)Wtt.~, e.1forcei~~:it, 4im'f penaMes. (1) It shal: be unlawful for vny landlord, tenant, agent or othei representat ive of a landlord to rent, lease, advartise or hold o:.it for rent any vacation rentaf ,er unit for usP. in any district where sur.h use is prohibited, except as othenuise e;-:empted under t his Chapter. W(21 It shall be unlawf u 1 for any landlord, cenant, c1gc:nt or other representat!v~ of :l lr.ndlord to rent, lease1

advenise or hold out for rent ::.ny vacation r,ental oi- unit for use as a vacation remal or unit without a vacation rental parmit, except at otherwise: exempted under this c:,apter. m{3) After the effect ive d,ite of the ordi;mnce fmrn which th:s Chapter is derived, leases, assignments for tenc:ncy or ,my other occupancy agreements for co mpensat:on having less than twenty-eight (23) days in duration: lll(a}lll Shall not b~ entei~d intc or renewed once they have expired or have termi11atecl in ,my distr!ct in which use as a vacat ion rental or unit is a!lowed unless a vacaticn rnntal permit, building permit, inspection and cartificate of

occup~ncy for such use {or for the c~1nversion of an existing dwel!!ng unit tv such use) is first obtained; and 11l(b)!il Any pre-exist ing such uses shall not be considered a lsv,Jfu! nonconforming i..1se under section 904.04, and must. be discontinued in any land use district that: p;ohiblts st:ch uses no later t han thirty (30) days after the effe::t ive date of t he orclinance from \.Vhich this Chapter is derived. (4} Nothing contained in this section (i) shall bar a code enforcerr.ent officer from enforcement agalnst ~ny new vacation rnnt i'.lt vioh:i t icn occurring after the effective date of the ordinance from v11hich this Chapter is deriived. ITI(S)rn Prima f acie evic!ence of t he use of a dwel!!ng unit as a vacation rental or unit shall include: {a)[i]Regi~tration or licensing for short-ter m rental or transient rental 1..:se bl,' the state m1d-er f .S. cii. 2,12 (Florida Tax and Revenue Act} or F.S. ch. 509 (public lodging establishments); Rl{b}

Advertising or holding out a dwelling as a vacation rental Oi unit; (c} Reservations, booking arrangernants or any lease, assigmnent for tenancy or any ot her occupancy or agree~ent for comp~nsat ion1 trnde or other legal consideration addressing or ov~rfapping any pe1•iod ,of twenty-eight (28} days or less; or {d) The 1.;se of an agent or other third person to mak~ reservations or booking arrangements. (6) 111A viol2tion

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of any of the regulations in sections (i){1)-(i)(3) shall be punishable as a second degree misdemeanor anc! by a fine of up to $500.00 per day, per unit, per violation. A code enforcement officer may also enforce the terms of this Chc1pter by citatioi1 under sect ion 103.07 or F.S. § 162.21 (as may be an,ended). If a code enforcement citat:on is issued, t he fine

shall be $250.00 for the first offense and $500.00 for each subsequent offense. (7) 1111n addition co rmy othe:- remedies available t o the county (including code enforcement :mrsuant t c secdon 103. 07 or F.S. ch. 162), the counw or any other adversely affected person may enfo rce the terms of this Chapter at iav.t or in equity. Any dti1.en of t he cou:ity may seek injunctive relief in a court of competent j~risdlctior, to prevent a vicbtion of this Chapter or to revoke a vacation rental permit, as set forth in this Chc1pter. Attorney's fees and costs incurred in an action to enforce the provisions cf thcs Chapter conc2rnlng the uses of a vacation

rental or unit mcy he a~,arded to a subst~nt ia!!y prevailing party a,t the discretion of the co:.1rt.

SECTION #3: SEVERi,~ILITV

If any clause, s2ction or provisiori of this Orrilli ..:nce ~hall be declar~d oy a court of ct)mpetent Jurisdictioi, to be unc"nstlt:.itlonal or :nvalid for any causE or reason, the same sh::1!1 be eliminated from this Ordinanc2 and the remaining portion of this Otdimmce shall be in full force and effect and be as Viilid as if s;uch invillid portion thereof had not been incorporated therein.

SECTION #4: REPEAL OF f.ONFL.IQING ORDINANCES

Tht'! provisions of any other Indian River County ordinance that ilfe inconsistent or in conflict with the provisions of this Ordinance are repeal~d lo the extent or suclt inconsistency or cnnfiict.

SECTIOIII #5: INCLUSION U1' THE CODE OF LAWS AND ORDINANCES

Ti1e provisions of this OnUnance shall become and be made a part of the Code of l~ws ilnd Ordinances of Ind Ian !tiver County, Florida. The sections of this Ordinance may be re:,umbered or re-lettered to accomplish sud1, and the word "ordin.:nce" r.rny be chani;cd to 11sec!ion", "artid~", or c1ny other appr-opriat•~ word.

SECTION #6: EFFECTIVE DATE

This Ordinanca :.hall take effect upon filing Vlith the Der,ertment of State.

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SECTION #3: SEVERABILITY

If any clause, section or provision of this Ordinance shall be d aclared by a court of competent jurisdiction t o be unconstitutional or invalid for any cciuse or raason, the same shall be el:minated from this Ordina nce and the rema !ning portion of this Ordimmce thall he in full forc,e and effect and be as v.ilid as if such invalid portion t hereof had not been i11corporat~d therein.

SECTION #4: REPEAL OF CONFLICTING ORDINANCES

The !)revisions of any ot h~r Indian River County ordinar:.;e that a re i:iconsistent or In conflict with the ~rovl!lions of this Ordinar.ce are repealed to the extent of such inconsistency o:· conflict.

SECTION #5: INCLUSION !N THE CODE OF LAWS AND ORDINANCES

The p:-ovisions of this Ordinance shall become and be made i'.l part of the Code of Laws and Ordinances of Indian Ri•1er County, Florida. The sections of t h is Ordinance may be rer.umbercd or re-!ettat'ed to aecumplish such, and :he word "ordh'1a11c21

• may be chan0cd to "sectir.m", "article", or any other appropria te v,ord.


This Ordinance shall take effect upon filing wit h the Department of State.

This Ordinance wa5 advertised in the Press-Journal on the ___ day of ___ _, 2015, for a public hearing to be held on the __ day of 2015, at whrc:h time it \Vas mov~d for adoption by Commissioner s~conded by Commission~r ____ __, anJ adopted by the followin3 vote:

Chainmm Wesiey S. O.;vis

Vice Chairman Boil Solari

Ccmm:ssloner Joseph E. Fle5cher _ ____ __ _

Commissioner Tim Zorc

Commissioner Peter D. O'Sr,1an

BOARD Of COUN1Y COMM ISSIONERS OF !NDIAN RiVER COUNTY

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Thi! Chairm,m there upon declil red this ordinance duly passed nnd adopted this _ __ ,_ ···- day of ____ _. 2015.

BY: Wesley S. Davis, Chalnmm

ATfEST: JI~ffrey R. Smith, Clerk of Court ai•1d Comptrc,ller

:JY: Deputy Clerk

This ordin~nce wm, filed with the Department of Stute 0 11 the following di,te: -~-

APPROVED AS TO FORM AND LEG.~L SUFFIC!Et-:CY

--··-··----· ---------Dylan Reingold, County Attorriey

1\Pf>ROVED AS TO PLANNING MATf ERS

Stan Boling, AICP; Commuri lty Development Dir~ctor

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Indian River County Vacation Rental Regulations:

Compariso;1 •.vith Monroe County Ordinance

MOl'lROE COUNTY REQUIREMENTS INDIAN RIVER cou~:TY REQUIREMENTS {EXISTING) INDIAN RIVER cou~n Y REQUIREMENTS (PROPOSED)

Watercraft/trailers I

No more than 1 watercraft per rental unit [134-l{e)(l)] No more t'lan 1 watercraft, 1 additional for up to 2 weeks In a 6 (Adclressed m existin{; r'::gt•l~t1-.>ns) ml.)nth time period 1912.17(111

Watercraft required to be moor~d at dockslip or on trailer Watercraft may be moored at a single-family dock (as iA.:idressed m exrst,ng ~guld!IOO\I in approved parking space [134-l(e)(2)] applicab,e). Boat/trailer shall ,mt be stored In front or si::le ya1 d

except In designated driveway i912.17(3))

l\lo boat docked shall be chart1;red to a person other than a No boat docked at a single-family residence shall be used as a i4dcre~~e.d in ex1st1ng regulat1-,nsJ registered guest. l\o boat shall be used as a live-aboard or live-aboard [932.07(1)]. No dock shall be rented, leased or sold for overnight sleeping (134-l(e)(3)] separately from the single-family residence [917.06(6)]

Parking . No parking in street or in yards (134-l(e)(2}J Vehicles mu.~t be parked on-site in driveway and not in required (~Jdr,;:~se.:l m e>o:1~ttng relfl.llo1tt•>,1 .. )

yard area or right-of-way ,'.912.17(2)(b)]

Parking in approved parking spaces {only) [13~-1(e)(2)] Vehicles n,ust be parker! .>n-site in driveway and .not in a {/\,:!dressed in e,ust,ng regvlat1ons) requireo yand area or right-of-way [912.17[2)(b)J

One parking space required per bedroom (134-l(e)(Z)] 1 vehicle per bedroom not exceeding 5 parked outside a carport tAddressed in e,:1sting ,l:'gulaMnsl (Mote: maximum pa,king not addressed) or gar.:ge, parked in a driveway. If no garage or carport, no more I than 2 autos plus 1 per bedmom, not ex('eeding 5, parked in

driveway [912.17(21(h))

~:oii:e _._,,,, ·----

- ··------· Occupants p1ohibited from making "excesstve or boisterous It is unlawful for any person to make/ca:ise any excessive, (AdtiHJssed 111 exr$1:rng rt>gulati.:,r,s) nolse" at all times [134-1(e)(4)) unnecessary, .Jr unreasonably loud noise which disturbs the

peace or quiet of any neighborhood or which causes t:liscomfort CJr annoyan.::e to any reasonable person of normal sensr.;vity {974.03}

Noise audible beyond boundaries of the residential dwelling It is unlawful to use, operate, or permit to be played any radio, ( :\ddr~setl m ~'1Ci\tlng regulations} ur.it prohibited 10 p.m. - 8 a.m. weekdays, 11 p.m. -9 a.m. instrument, phonograph, television or other device for weekends [134-1(e)(4)1 production of sounci 10 p.m. - 6 a.m. so as to create a noise or

f 3 g

vibration disturbance to neighboring premises [974.04J

No person shall make a disturbing noise ?,75 dBA for more (Residential zoning districts): it is unlawful to projE:ct a sound (Ail<:lressed i,, eKtSttr!i; regul.-tic;n~) than 10% of 10 min. when measured at or beyond property from one property into another property >65 dBA for 10% of 15 boundary ofthe sound source [17-130) min. 6 a.m. - 10 p.m., >60 dBA 10 p.m.-6 a.m. [9:'4 .05] -0

M:\LDR\Vacation rentals\Vac rental comparison table 1

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MONROE COUN"ry' REQUIREMENTS Trash picl.up Trash must be kept in covered trash containers [134-1{,!)(S)J

Minimum 4 containers per rental unit [13~1(e)(5J]

Pick-up schedule must be posted [134-l(e)[S)l

No placing of containers lt curb until 6 p.m. the night before

pickup, removed by E p.m. next day [13~1(e}(S)]

Uc:ensine Tenant's agreement acknowledging regulations ar.d

penalties required, posted [134-l(e)(6J]

Owner/agent must maintain guest list w/ vehicle

registraMn, home addresses, phone numbers [134-l(e)(7)1

Units must be registered, licensed and meet all state

requirements [134·1(e)(8)]

Man<?ger must be local and available 24/7 for responding to complaints (134-l(e)(l0)l

M:\LDR\Vacatlon rentals\Vac rental comparison table

Indian River County Vac;,ti;:,:, Rental Regulations:

Compariso;, with Monroe County Ordinance

INDIAN RIVER COUNTY REQUIREMENTS (EXISTING) cc

_._...._,, Residential customers shall use garbage receptacles adequate to

contain all of the solid waste generated, recyclables must be

placed in recycling container (204.09(a)] (Note: lrtC·WM

Franchise Agreement does not allow p'3s'.:ic trash bags outside ot roll cart containers)

Residential customers shall use garbage receptacles adequate to

contain all ofthe solid waste generated [204.09[a)]

Each person sha!l take aporoprlate steps to ensure safe, i,rompt,

and lawful processing and disposal of all solid waste and

recyclables generated at their residential unit [204.09(b)]

(Vacation rental licensing-related complaints currently referred

to the Florida Department of Business and Professional

Regulation (D8PR) for investigation)

INDIAN RIVER COUNTY REQUIREMENTS (PROPOSED)

- -· (AaClressecl 1,1 ei<ist1n6 reg11J;\t1c,ras)

( ~ddressed in existing regi.1lat1ons)

Trash and re.:.ycling pick-up days and protoc.ol for placing

and retrieving/storing containers must be posted or

dlsnlaved

iAddressed m exJSt:1n,; regulations}

--.. _

Acknowledgment form signed b~ owner and ma:iager

required, acknowledging regulations and pena:ties.

Posting or display of Information required, fnclud:ng:

manager contact, applicable county regulations, maximum

occupancy, location of fire safety devices, emergency room

information.

Rental unit managemer.t contact information reql •ired (eel!

phone number, email address, mailing address)

U!l:ts must be registered, licensed and meet all state

requirements. Applicant must provide documentation of

state license for vacation rental unit; local business tax

receipt from the Tax CollPctor; and local tourist tax

account from t he Clerk of Circuit Court. County license required.

Up to date manager contact information required.

Manager responsiveness reenforced by proposed fines for violations

2

Indian River County Vacation Rer:tal Regulations:

Comparison with Monroe County Ordinance

MONROE COUNTY REQUIREMENTS INDIAI'~ RIVER COUNTY REQUIREMENTS (EXISTING) INDIAN RIVER COUNTY REQUIREMENTS (PROPOSED) Complaints to managers shall be responded to within 1 hour. (See previous comment) Neighbor complainant shall be contacted by phone or in

persor, by manager. Records of complaints to be kept by

manager for at least 3 months [134-l(e)(ll))

Ltcense number and (.ontact info. for manager ,md code license number required on all ads and rental agreements. enforcement depart. must be posted and visible from front Manager contact information available from Code p;operty line of vacation rental [134·1(e)(l2)) Enforcement.

Notice of license application with appeal procedure NoI proposed Indian !bver <:ou1,tv cannot withhold information mailed certified by owner/manager to all approval of a ~r'.lperl-, svbmim-d and complete

I property owners within 300 feet, at least 30 days prior to appiicat!on. license approval [134-l(g)J

Liet:!nse is annual/ subject to reissuance each year fJ..34--.L(i)J li-:ense valid for 3 years, subjec, to renewal; cc-de

enforcement and significant fees propose<! for violations.

Vacation rental pennit shall be revoked by the planning Revoct>tlon or<:Ms1rm n,;,t proJ;o.sed . Monrve t:.:ounty'r commlsslon and/or fines levied by the code enforcement ordin:ince w:is 111 effeei: p11or to :w11, and tht::rt!fure magistrate upon finding a violation of the perm~; two or Monroe c:ouni:y'i: al.ithontyto r~or.e a vacc1t1c,n r';!r1tal more no responses to complaints concerning tenant,; within pt:i,Tift 1s not p• e-emptl~rl by the St;.ate. 1nd1;in Rrvt!r Co•1nt)' a single year; or two or more violations of the 1s pre-empted by tht State from l"!vo~,r~ ~ V.J'~otion r~ntal responsibilities of a manager. {134-l(h)/134-10)) licen~e 'ind d1.~.ilk,wing tile tJse !'ode ~nforcem<!nt am:!

~1gr.if1~c1,1t 'fet:c 1>1 oposed for vrc,lc>tcom

l'>ccup11m.y --,•

No more than two lndiViduals per bedroom or per efficiency Staff r~comme~inanre provision: overnight

unit [indicated on tenant agreement form; not specified in maximum sleeping occupancy shall not e1Cc:eed 2 persons

actual code} per bedroom plus 2 adJitional persons, unless limitecd to a

lesser number of persons 1,1 compliance with on-site

sewage treatment and disposal system (OSTDS) capacity, as applicable

-0

M:\LOR\Vac .. tlon rentals\Vac rental oompa rison table 3

MONROE COUNTY REQUIREM ENTS

Hei!lth / ~afety Requirements Verification of compliance with NrPA Life Safety Code 101

[indicated on permit application form; not specified in ac~11al

code}

Verification of approval of sewage disposal systeM by

Depart. of Health for vacation rental use [134-l(e)(9)1

Pen~ities Up to $500 per day /per unit/ per violation [134-l(k)(6J)

Citations: $250 (first vlo.) / $500 (repeat} (!34-l(k)(61l

Injunctive relief may be sC>ught in court {134-:.(k)(7)1

-0

M:\LDR\Vacatlon rentals\Vac rental compariso11 table

:ndian River County Vacation Rental Regulations:

:::omparison with Monroe Count,; Ordinance

INDIAN RIVER COUNTY REQUIREMENTS (EXISTING}

Compliance with Florida Building Code requirements for single-

family residences (401.0lJ (Comparable t c NFPA Life Safety Code

101 Chapter 241

On-site ,ewage treatment and disposal systems (OSTDS) at single

family residences subject to Deptrtment of Health permitting

(for new systems and for repairs) (912.09]

, Up to $500 "er day/ perviolati.:,n (where no specific penalty ls

provided) (100.0SJ

Staff issued citations: based on fine schedule, not to exceed $500

[103 07 /FS 162]. Code Enforcement Board: up to $250 per day

(first vio.) / up to $500 (repeat vio.) [103.03/FS 162)

Injunctive reflef may be sought in court (100.05/FS 162)

INDIAN RIVER COUNTY REQUIREMENTS (PROPOSED)

Verification that state license fire protection items

provided (smoke alarms, emergency lighting, fire

exttnguisher). In addition, requirement of carbon monoXide

alarm (when reqL•ired under Sec R315, FBC-Residertial)

Staff recommended ordinance provision: verific.ation of

whether the rental is ~erved by public sewer service or an

on-site .~ewage treatment and disposal ~tern (OSTDSj. If

05TDS, owner shall provide svstem evaluation with

approval by Health Department or Health Department

confirmed system capacity

-Commercial event at residence - $1,000 tfirst vio.)/$5,000

(repeat)

Vehicle parking- $50 per venlcle per day (first vio.)/$100

per vehicle per day (repeat); Failure to obtain/mah,tain

license - $100 per day; Violation of license condition -$100 per day

{AdJres:;ed hl ,existing regulat1c,r>s)

4

ORDINANCE 2016-

AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); ESTABLISING REQUIREMENTS FOR A COUNTY VACATION RENTAL LICENSE AND OTHER VACATION RENTAL REGULATIONS BY CREATING ZONING CODE SECTION 911.15(9); AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICAITON; SEVERABILITY; AND EFFECTIVE DATE.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 911, ZONING BE AMENDED AS FOLLOWS:

SECTION#!:

Zoning code section 911.15(9) is hereby created to read as follow~:

(9) Vacation rental local license and regulations

(a) The owner of a vacation rental unit shall obtain from the commuruty development department a vacation 1,ntal license. A separate license shall be required for each vacation rental unit. Ea~h ·license shall be valid for a period of three (3) years from the date of issuance unless -terminated by the owner or revoked by the county. and each license may be renewed every three (3) years upon approval by the community development department. A license may be transferred to a new owner upon submission of updated license information and execution of and assumption of license obligations and conditions on a form provided by the community development department. 1. A . license application shall be submitted to the community development

department on a form pro\'ided by the department. 2. License application review shall be managed by the community development

department in coordination with other county departments. local agencies. and state agencies.

3. Prior to issuance of a license or a license renewal. a county code enforcement officer shall conduct an inspection of the vacation rental unit for compliance with the requirements of this section of the zoning code [911.15{9)).

(b) License application 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 license for vacation rental unit b. Local business tax receipt from the Tax Collector c. Local tourist tax account from the Clerk of the Circuit Court

F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016-_91 I.IS (CountyVacRentalLicense) • POST 4-12 BCC 1 Version.docx

Attachment 11

STAFF RECOMMENDATION (added item)

ORDINANCE 2016-__

3. Parking compliance information: number of garage and/or carport spaces. number of rental unit bedrooms, maximum number of automobiles allowed outside of garage/carport. location of spaces accommodated on improved or stabilized driveway.

4. Verification that 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: number and dimensions of bedrooms.

6. Verification of whether the unit is served bv public sewer service or an on-site sewage treatment and disposal sy81:em (i,eptic.'drainfidd system). If i,erved by an on-site sewage treatment and dii,poi,al W8tem. the applicant will be requiied to provide an existing system evaluation approved bv the health department if the health department has no recmd of the sy,;tem size permitted by the depattmcnt.

7. Acknowledgment form provided by the community development department. executed and dated by the rental unit owner and manager. The acknowledgment form shall provide information regarding the following county requirements for vacatfon rentals.

a. Prohibition on commercial events at residence (e.g. weddings) b. ~pecial parking regulations c. Sea turtle protection regulations (for rental units located east of SR A-1-A) d. Noise regulations: Chapter 974 noise regulations which include day and

night decibel . level limitations and more stringent "no disturbance" requirements from 10 pm to 6 am

e. Limitations on dock/boat use: (for waterfront rental units): no more than 2 boat5 moored per dock. dock used by unit owner or renter only. no Iiveaboaid use: (all r.!ntal units): no more than 2 boats stored or parked per unit

£ Fire safet.) requirements and maximum sleeping occupancy limitations g. Fines and citation penalties for violations

8. Acknowledgment that the following information will be posted or displayed inside the vacation rental unit prior to inspection of the unit by the county code enforcement officer:

1. Manager contact information 2. Maximum number of parked automobiles and boats. and approved parking

locations 3. Trash and recycling pick-up days and protocol for placing and

retrieving/storing containers 4. Noise regulations: day and night decibel level limitations and more

stringent "no disturbance" requirements from 10 pm - 6 am 5. Location of smoke alarms. emergency lighting. and fire extinguisher.

F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016-__ 911.15 (CountyVacRentalLicense) - POST 4-12 BCC 2 Version.docx

Attachment 11

ORDINANCE 2016-

6. Emergency room information 7. Sea turtle protection information (for rental units located east of SR A-1-A 8. 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.

10. Application fee established by resolution of the Board of County Commissioners.

(c) Vacation rental local regulations are as follow<.;:

STVRAC RECOMMEND,\TION

SiTAFT RECOMMENDATION

1. Parking and storage of vehicles shall conform to the requirements of zoning code section 911.15(4)(b).

2. Commercial events shall be prohibited in accordance with zoning code section 911.15(8).

3. The c.wernight total maMmum sleeping oc,cupancy of adults (18 years or older) at a vacation rental unit 1_::hall not exceed two·t21 per bedroom plus two (2) additional adults. The unit ol!cupancy limit confirmed by the countv code enforcement oftker shall be stated on the local license.

3. The overnight mmJrnum 5leeping occupancy of a vacation rental unit shall not exceed the following;_ a. for a unit served by public sewer service, 2 persons per bedroom plus

2 additional persons. b. For a unit served bv an on-~ite sewage treatment and dispo!Sal system

(5eptic/drainfield system), 2 persons per bedroom plus 2 additional persons or the number of persons accommodated by the system as dete1mined by the health department. whkhever number of persons is le!:-s.

The unit occupancy limit confirmed by the ~ounty code enforcement officer shall be stated on the local license.

4. Fire protection items required for a state vacation rental license shall be provided in the vacation rental unit. a. In addition, a carbon monoxide (CO) alarm, when required under

Section R3 l 5. Carbon Monoxide Alarms of the Florida Building Code - Residential. shall be provided.

5. Changes in the vacation rental manager and/or changes in the manager contact information shall be provided to the community development department within ten (10) days of the change.

6. The local license number, and the occupancy limit confirmed by the county code enforcement officer. shall appear or be stated in any vacation rental unit advertisement or any rental offering associated with a vacation rental unit.

F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016-__ 9 l I, 15 (CountyVacRenta!License) - POST 4-12 BCC 3 Version.docx

Attachment 11

ORDINANCE 2016-


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.


The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this 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 Code of Laws and Ordinances oflndian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the ~ord "ordinance" may be changed to "section", "article", or any other appropriate word.


This Ordinance shall take effect upon filing with the Department of State.

This ordinance was ad\'ertised in the Press-Journal on the ___ day of __ ___, 2016, for a public hearing to be held on the ___ day of 2016, at which time it was moved for adoption b) Commissioner seconded by Commissioner ------~ and adopted by the following vote:

Chairman Bob Solari

Vice Chairman Joseph E. Flescher

Commi<;sioner Wesley S. Davis


Commissioner Peter D. O'Bryan

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

The Chairman there upon declared the ordinance duly passed and adopted this __ day of 2016. ----~

BY: Bob Solari, Chairman

F:\Community Development\CurDev\Ordinances\2016Ordinances\2016-__ 911.15 (CountyVacRentalLicense) - POST 4-12 BCC 4 Ver.;ion.docx

Attachment 11

ORDINANCE 2016-_

ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller

BY: Deputy Clerk

This ordinance was filed with the Department of State on the following date: ______ _

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

Dylan Reingold, County Attorney

APPROVED AS TO PLANNING MATTERS

Stan Boling, AICP; Community Development Director

F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016-__ 911.15 (CountyVacRentalLicense) - POST 4-12 BCC 5 Version.docx

Attachment 11

REVISED SCHEDULE OF .FIN ES

Al'vl El\"DMENT TO RESO LUTI ON NO. 92-59 and Reso l ution 2013-089 Attachment A

CITATION ORDINANCE SCIIEDULR OF P:€NALTms & NOTIFICATlON T()\1E FRAMES

I- VIOLATION T1.r __ i•_E ___ _.__ Sl~CTJ.ON [ NOTICE I Tl/!I --,•- ·11&,., i' 1'E2 . 1'1~ _ • V _J

C ontracting

IJrtlicensed contractirig 400.01(1) --$500 NIA

Contractor advertisement violation 400.01(5) ·---- - -$500 ____ N_/_A __ _

~Licensed (ontra0tor o~-owner-builder -~ 400.01(6) hiring unlicensed contractor(s)

'--Crcin;ured contractor violation 400.05

jFraudulent !kens~ _______ ,__ ___ ·-·-

Dciibcrate disregard of county contracting ordinance

400.u7(1J

400.07(6)

$500

$500

$500

$500

$50(f -------- -------~-·-:--:--=-:::--t--- -----Other contracting violations 489.127(F.S.) specified in F.S. Chapter 489 48~.132(F.S.)

NIA

- ·- --NIA

NIA

NIA

r-- - - -N.IA

L------------___ ....._._ _______ ~-----___ __,_ __ -------, G~1;eral

Debris bu.min 9251 -

g w/o permit $4.50 NIA f

· ssucd burn oenn it VioJation of 1 925 $300 24 hrs.

- - ·· --Boat/trailer s torage 911.15(7) $50 48 hrs.

I Commercial v I _____ _

I Occupancy w

I - ..

-ehicle storage ± 911!5(3J $30 48 hrs.

loC.O. 914/401 $450 24 hrs.

- --- -· - --1Each day the violation exists represents a separate violation. 2Toe notification time frame established herein may be wai\•ed if the violation presents a sen ous

threat to the public health, safety, or welfare, or if the violation is irreparable or irreYer8ible.

I

I

3Thc fine shall be $100 for thuse violatiom h:,, a pl!rson who has previously been found through the Code Enforcement Board or any other quasi-judicial or judicial process to have violated, or who has admitted violating, the same section, notwith::itariding that the violai10ns occur at different locations.

F:\Community OevP.lopmcnt\Short Tenn Vacation Renta.13\CiutionFeeS.;:hcdule.rtf Attachment 12

j

-

REVISED SCHEDULE Oli' FINES

AMENDMENT TO RRSOLUTJON NO. 92-59 ami Resolution 2013-089 Attachment A

err ATiON ORDINANCE SCH EDULE OJ.? PEJliALTIES & NOTIFICATION TI M E FRAl\llES

·-···-··· - ..--.....-··~

VIOLA 'rION TYP.E SECTION F ;:,N '"' l .._, .E NOTlCE

- Tl ME FRAM.E2

Building ('ode violation (w/o 401.06 ---$450 24 hrs.

required permit)

-Industrial waste dumping 973 $450 24 hrs.

------ --- -Junk vehicle 911.15(4) $50 10 days

Noise/vibration violation 974 $50 24 hrs.

R.O.W. violations: ·--· -···-· - - ---

- Vehicle 312.06(2) $50 48 hrs. - Sign 312.06(1 )(g) $100 24 hrs. - Illegal Business 312 06(l)(m) $250 24 hrs. - Ohstruction 312.06(1)(c) $100 48 hrs. - Illegal (non-waste) fluid 312.06(1)(c) $JOO 48 hrs.

discharge 3 J 2.06( 1 )(k) $250 N/A - Work without proper traffic 3 I 2.06(l)(n) $250 N/A

controls 312.06 $100 48 hrs. - Parade without permit - Other R.O.W. violations

r egal sign: - Banner 956.12 $100 48 hrs. - Snipe sign - A-frame sign - Other portable sign

1st~rmwater violation 930 $100 --

48 hrs. I ·-.

-Vehicle parking & storage I 911.15(4) 48 hrs. .__

932.of I ~r Sea turtle lighting violation $50 24 hrs.

1Each day the violation exists represents a separate violation. 2The notifo;ation time frame established herein may be wah'ed if the violation presents a serious

threat to the public health, safety, or wdfare, or if the violauon is irreparable or irreversible. 3The fin~ shall b~ $100 for those violations by a person who ha,;; previously bee.P found through the

Code Enforcement Board or any other quasi-judicial or judicial process to have violated, or who has admitted violating, tht same section, notwithstanding that the violations occur at different locations.

F:\Co!'lmunil) [kvclopment\Short Tenn Vacation Rtntd.ls\CitationFeeScbedule.1!f Attachment 12

~

REVISED SCHEDULE OF FINES

AlVIE NDl\rtENT TO Rl7,SO:J .... UT10 :"1 NO. ~2-59 and R e'> o lution 2013-08() Attachment A

CJTATJON ORD!NAi~CE SCHEDULE OF PFNALTIE;S & i~OT!FIC ATlON r r 1V1E FRAMES

-·- -- . --- -·-····-·· - --- - · -.. F!t-i.E1 VIOLATION TYPE si;:cTJON NOTICF, +-TIME FH.Al',f."F2

- ,., .L.:.,

Fertiliz;r and Landscape - ·-Management violations:

Timing of fort. app, vio. I 316.3 $503 NIA fertilizer-free zone vio. 316.4 $503 NIA Fertilizer content/app. vio. 316.6, 316.7 ] $503 I N/A Application practices via. 316.8 $503 24 hrs. Grass clippings/debris via. ' 316.9 $503 24 hrs. i

Comm. licensc/C(;:rt. vio.

I 316.13 $500 KIA

------- ---· Vacation Rc11ital ·-·-

Vehicle: parking violation 911.15(4) $50 per vehicle per ·-24 hrs.*

occurrence per day for first violation;

$100 per vehicle per occurrence per day

for repeat violations

Failurr- to obtairi or maintain a 911.15(9) $100 per day per 30 business days"" . county vacation rental 1;cense vacation rental wtit -··- -- - . ·- --

911.15(9) ~---l l_QO per-day Violation of license condition 24 hrs."' --Contact information update violation 911.15(9) $100 per vio!ation 24 hrs.*

···-·· · -Comme!'c:al l~vent

Commercial event at residence. 911.15(8) $1,000 per event for 24 hrs.* Note: due to Florida law, fines first violation; exceeding $500 arc assessed through $5,000 per event for the Indian River County Code repeat violations Enforcement Board and not by

I means of a citation issued by a code enforcement offk-er.

-; ~ First and only warning for arry given vacation rental umt or smgle-far111ly residence

'Each day the violation exists repre:-;ents a separate violation. 2The notification time frame established herein may be waived if the violation presents a se;rious

threat to the public health, safety, or welfare, or 1f the Vlolation is irreparable or irreversible. 3The fine ~hall be $1 00 for those violations by a person who has previously been found through the

Code Enforcement Board or any other quasi-judicial or judicial process to have violated, or who has admitted violating, the same section, notwithsta11ding that the violations occur at different locatiQns.

F.Com111u11ity Developmcnt\Shm1 knn Vacation Rcntals\CitationFt.~Ss;heduh:.rtf Attachme»t 12

TO:

FROM:

DATE:

SUBJECT:


MEMORANDUM

The Members of the Planning and Zoning Commission

Stan~ Communi1y Development Director

May 18, 2016

Board of Directors of the South Beach Property Owners Association, Inc. Submittal to the Planning and Zoning Commission on Proposed Vacation Rental Regulations

Please find attached information on proposed vacation rental regulations submitted by the Board of Directors on the South Beach Property Owners Association, Inc. for the PZC's consideration. This information has been included in the meeting packet at the request of association president and director, Miles Conway.

Attachment: Submittal from the Board of Directors of the South Beach Property Owners Association, Inc.

F:\Community Development\CurDev\P&Z\2016\South Beach Property Owners Assoc Submittal to PZC 052616 meeting.docx 1

SOUTH UEJ-\CH PllOPERTY O\VNERS ASSOC U.T10N iNCOHPORA nn) l'.O HO:\ ~,UO'J3, VEHO UIJ:/1..CH, Ft 32%4

STATEMENT FROM THE BOARD OF DIRECTORS TO THE PLANNING AND ZONING COMMISSIONERS RELATING TO THE FORTHCOMING COMMISION MEETING OF MAY 26, 2016 AT 7:00 PM.

MAY 16, 2016.

Dear Commissioners:

In 2015 the unincorporated South Beach area of Indian River County consisted of 2,609 residential households who paid $50,715,792 in property taxes on a total assessed value of $3,502,695,728 for the same properties.

Since 1992 the South Beach Property Owners Association (SBPOA) has been the umbrella civic organization representing the quality of life and property interests of the majority of the area households. We continue to do this today.

Since 2012 when the Board of County Commissioners (BCC) revoked our protective grandfather clause and allowed commercial public lodging businesses to operate in our residential neighborhoods, we have witnessed a progressive deterioration in the quality of life standards and property values of our constituents.

The SBPOA has and continues to do everything in its power to arrest this progressive deterioration. On May 5, 2015 we made representations to the BCC to implement regulations to redress the illegal, disruptive and destructive conduct of these businesses operating on our front door steps. The BCC passed motions to develop parking and event regulations and to instruct county staff to study and report back to them on the feasibility of adopting the comprehensive and gold standard portfolio of regulations used by Monroe County for decades. The Monroe ordinance has withstood decades of legal challenges all the way to the Florida Supreme Court in 2007. (See Attachment A, Page 15)

The BCC with your August 13, 2015 quality control and measured oversight adopted parking, event and sea turtle lighting protection ordinances on October 13, 2015.

The BCC and County staff did not however follow the spirit and intent of the passed motion of study and consideration of the Monroe County gold standard ordinance.

Instead it diverted this gold standard and best practices document to a group of individuals it titled the "Short Term Vacation Rental Advisory Committee (STVRAC) ". This group of individuals consisted of two majority functional types, namely individuals generating monies and profits from the active conducting of commercial rental (both

Plannin~ <11JJ Zonint1 Co1mni:,,i0n · - \1,;y I ii, 20 lo

short and alleged long term contract) trade in residential communities and other individuals who for a variety of reasons registered in writing an aversion and disquiet for regulations and rules in general. During the six month (October 2015-March 2016) tenure and the 10.2 hours of deliberations of this committee, members of the majority rental trade group continued to conduct their revenue and profit generating rental businesses while considering proposed regulations and ordinances. Some proposals such as a regulation to convert from a lagoon polluting septic tank and drai nage system to a sewer system may have had a profit diminishing impact on their businesses.

At no point at any stage during the 10.2 hours of deliberations did any member of any group of this committee declare a material, perceived or any kind of personal and business financial conflict of interest. At no stage were any of these members called upon by any County official to declare a perceived or real conflict of interest or recuse themselves from debate or voting.

As a result of the composition, modus operandi and conduct of these groups of individuals, civic groups and other individuals calling into question unregulated and destructive rental business practices and conduct were relegated to the status of sidelined spectators allowed to be present during the deliberations but were to be ignored.

The SBPOA was present for every minute (612) of every meeting (6) of these conflicted and compromised hearings and registered its disapproval of the proceedings, debate and votes for a variety of reasons, primarily lack of due diligence.

The SBPOA made it very clear to County staff and all present it would reserve its engagement and participation in the consideration, development and implementation of bona fide regulations to a later stage and before a venue/tribunal of un-conflicted and fair minded individuals. (See Attachment B).

The venue/tribunal intended was your Planning and Zoning Commission.

In short Commissioners, we have waited eight months for the opportunity to be heard on the proposed ordinance regulating the destructive conduct of rental businesses operating on our residential doorsteps and those of our constituents.

Specifically, we have waited eight months for the opportunity to be allowed to present substantial due diligence evidence before a venue/tribunal that will afford us due process and due consideration. The current draft ordinance (Attachment C) in your possession is defective, deficient and ineffective in many aspects and is also devoid of context and background necessary to provide you with the information to make an informed, un-conflicted and impartial judgment. In essence, the present document is more akin to a multiple choice quiz asking you to check off boxes rather than a working document to facilitate due process and due consideration of the opinion of all sides.

Our presentation of the required background, context and delivery of the on-point required evidence will fill the voids, correct the defects and deficiencies and make the

Plannin~ anJ J:onir.11. Commi~sic-n • \fa) 16, 20 I 6

task of the Commission more tenable and credible. We will also be providing the best practices, gold standard Monroe County ordinance so it may finally see the light of day intended by the majority vote of the BCC over a year ago. (See Attachment D).

In conclusion we ask one and only one courtesy from the Chair and the rest of the Commissioners - the courtesy is due process, patience and a reasonable amount of time to present our evidence and argument, in the context of the 10.2 hours already afforded others in this matter.

FOR THE BOARD OF DIRECTORS OF THE SOUTH BEACH PROPERTY OWNERS ASSOCIATION IN CORPORA TED

Miles Conway, Ph.D. President and Director

Jose Lambiet Secretary and Director President -Treasurer Cove

Cheryl Gerstner Director

President Surfside Terrace

George Lamborn Vice President and Director

Carter Taylor Treasurer and Director President- Silver Sands

Carol Lewis-Buffum Director

President Anglers Cove

Planniny ar:d 70;1h1?: Co,nmissicn • • \ 11a} 16, 201(,

William Liedholm Director

J

BOARD OF COUNTY COMM]SSIONERS


R.EGUI ,AR 1,,1 ILIL'l '.ING 1'1[lNlJTl~S TUESU_.\ Y, J\IA Y 5, 2015 - 9:00 A .• I\-t.

Commission Chambers Indian River County Administration Complex

1801 27th Street, Building A Vero Beach, Florida, 32960-3388

www. i rcgov .com

COUNTY COMMISSIONERS DISTRICT

Wesley S. Davis, Chairman Bob Solari, Vice Chairman Joseph E. Flescher

District 1 District 5 District 2 District 4 District 3

Present Joseph A. Baird, County Administrator Present Present Dylan Reingold, County Attorney Present Jeffrey R. Smith, Clerk oftbe Circuit

Peter D. O'Bryan Present Court and Comptroller Tim Zorc

UVD ·1 fM:;:S

1.

2.

3.

4.

9:02

Present Maria I. Suesz, Deputy Clerk

CALL TO ORDER 9:00 A.M.

INVOCATION Stan Boling, Community Development Director

PLEDGE OF ALLEGIANCE Commissioner Peter D. 0'Bryan

ADDITIONS/DELETIONS TO THE AGENDA/ EMERGENCY ITEMS

~: l fom 3.L. - Consent Agench, - ,vurk Orclet :·li;o, 4 Kimley-llorn :md Assodateg, Inc.

~ te: Hem lG.D.3. Pnb!k l)i,scussior. by 'Pr.-tdcb mmt Rewo·d irig ~'fow P::: blic O 1meras in PebUc B 11 ildh1[;, Uocumented, et·e.

l'i:mergenr.y Addition: ltt!m !3.1). - C,mnty Attomey fvfoHt:;r,s - Oi>I 9f State Travel to AUeHd t!i~ AH Abmm ! Flo;-id.n Prelimiuary fnj,mr!fa n Hearing -Wa~h ingtou, D.C'.

ON .'.\-IOTH)N b,1 Commissioner O'lkJ ao, SECONDED by Commissioner U'leschcr, tile llom·d ur.a ninrnc~ly appru,·cll th~ agemfo r•.., anieaded.

Board of County Commissioners Meeting May 5, 2015

Present Present

Present

!'ACKET. PAOES

Page 1

a1t;wov~d to fumJ a cnntlib ution cu1:1 of 50% of the mreraU prv;~ct co~t, ·with a C!\unty cap of ~.ll 5,001}; rind 3) mri:i1odzed stiff to coordtunte wiH1 St. Cb.ristophc.r .. Har hm· lforne O \n1er's .A~sodathm to ob~ain the Home Owner's As!.ocha1io11 ·s a nttwri'l.!1tim: f(\ m,e :Csiand Dri~·e for lt-utdil:io~:t:,l renHn·~•l of fiii ~Utl .i eommirtncml. of fn r Ou:ir 1'CH1 h·ib11du11 to pro.ied rvf1hi.

3. Request to Speak from Patricia Hunt Regarding New Public . Cameras _in Public.Building, Documented,.Etc ................................. 195.

C.

J)eietcd

PUBLIC NOTICE ITEMS

None

11. COUNTY ADMINISTRATOR MATTERS

None

12. DEPARTMENTAL MATTERS

A.

a. m.

Community Development

1. Consideration of Draft Parking Regulations for Vacation Rentals

_ (~e~o~ap.d~m.~at~<!.AP.~tq?., 7q.I.~).. . . . .. ........ ~~.~=~~Q. Comomfiit}· Dt,·H.:for.1m\'nl Ukn •fnr Stan Holh10 ree:lfl . II· ilt~ Ho!1ni mi!din~ o f ldw 1t:lr") rn. 2015, t\ia•u tbt: iiimrd ,_!fr,~dcd z,faft'. ff• d•·nft :1};trking r cgul.ttim,!! fm· ·rncttilon !'Nifo~. i\lr. Jlo!!ng. nsing u :PowerPoint p.reseuts tim!, sb ted tb1t the ctn,ft ordirunh~e d~fines 1:he term " vncadon 1·cnt1tl", c iru·iJies e.dstin!g p!!rki11g 1·cg1d atiom; for siHglerr:.rnily reshlence.s in g~nerai, mid c-::,h,Mishes pnr!dut: re~uia tions specific to \'nc&th:m rentals. He ~iskt>d the Jloard to review tiu~ draft ordblftl!ee and tkt\!1·1nin~ wftetber or noi to dked /lb1ff to irritiat,e tite fonnal .LamJ DcYefopmen.tRegniatlon (LDll) amendmeut p!roee$s wh b ~my inlti!1I o!"dim::r.,ee modHkalions !k~:-irel~ b) Uv~ Doard.

r,acJi Commi"'sioner shared Oieh- ,~o~ccru~ a nd opin:ons ou bow to foM)' ur,rily d U'fere:r.t re~ul~tfo)!is o n ncatfon 1·,~ntals from 1·er,ulaUons 011 a sing:c-family residence. The Dor.r d 1rnseii qiu?stil)ns tn st~1ff fo guti.a~r 21dditim1al hi formation.

Coinmissioner Zorc sh,ted , as-id,~ !'rom parking r,:guJatio.111-, he ·wanted 1·9 ~ee regula1io;i~~ imposed simiior to those a pr,iicd to Bed mad B rcalcfarilt busith.'SSt~s, to eoforce

Board of County Commissioners Meeting May 5, 2015 Page 10

Cfl{)rtcily und 01!cup;mcy regn!alinus.

Tiu~ Boarj discussion ~·m1ti11ocd ,'l;gm,•di.ng com11r!dso1t'\ :Jf the pl'oposcd 1m t k~ui;: regufaHoit ordhmncc to ot.hi~r i,rope::-t} restrkti~ns, mid :;e,•eral Oo!!ftl ~lembers m~nt!o.ued thrtt Urn renr issue wn.s evener.. mu] uot trnr kir.~.

The Cht.fr1tum r?fCU.!d ihe floor lo the l'l,blic.

~fost ph f a iadin , Pn·sid~nt of Hinck Swan Con5uJting, a1i,il Ad:rntic ( 'o.l:d Com(irnc tfor1, w:mtcd l o trn.ow bow tile ll omrd wol!M ,~o,mt the c::n·s ~, t vac!1fiou 1tcnh1!s in a mi.xed ~1se 1n-ojc!cl, and k ~1·1mcl tbat tll,:.! ·\sso.dationi- ,vittain ,hose projects h!!Ye rhei:- fl\'H ,,nrk~n~ rcguhtt ions.

Gk·an Po,, t'II, 12845 Hay Street~ Ronela nd. tfhl nut thin J.. parking re>tuintions wen! s u ftk knt, und belie"ed ihat tbe f'~nters ·would find ·w~ys to wm·k Hr~und t-bc Ottlin:mc:e. He thought U1e hil,'. b sue w :12 the num hii!t of 11-co11k, a nd ~u;!_gesh!d limiting the nu1ulJ'!1· of peovie t imr cm1 n-ccupy n vac,dfon reutoi at ".uy given time.

Com 111h,sioner FiesdH!r ugned; bmn:'H?1.·, Devniy Cou1n:y Attorn +!y um UeUraai staied that staff found it to br t a:'ilier to f.)Jlim·ce 1nu-kh1:g ,-~~ii!atfomi, than even t r.:g1:faHous. He encour:!ged the n oard to focus on events as m1ot!1ef ' issul.!.

Commissioner .l.•'lescher sh1t~d ~m·!ki.· and 1·~it:eru h~d that tb.e Couuty neerfod to prev('1tt eve11t!-1 al: Yacaiim1 1·e11frils.

Ernci·g,cncy Scrvk +!s Director J ohn K.in::; :.u ivfau i the Board 01at reshh!m:-~:,; ~u-e o,;Jy di:s~u-sscd fhrou_gb ~vd~ enfot·i;cment, and not muJc:· fi re regidations. .For residences OJ)ern:1ittfJ as a bHsitw~, ln~ Mtid til~i: f;be Ca trnty wo uid need addiUomtl regl.l ila t ions. H e t>ointed out tlm t flt

mHuber of V~l!ntion ri~nh l ownf-rs wen: IH,t ap11iy1ng for .-, busi,ness license. \!Vitirnut a St!JJ,m ih~ County onHna;:1ce, he would ha--re very !iWc intluence.

Fire ~:l:u-sliai J ohn Uuran 1·esr11mded to questions cm occupl\n..:y loads in residences .

• Joseph l,,ah1din saw no d im~ri!!lC·L~ in ,i i.\i,ort term 1·euta l nnd a IieJ and Breakfast.

D~wid H1rnter, 37tl2 Cu{;fo D1·ive, Vero Dench, pointed out


th ::i t we Iuwe a bird-.. mnr kcf npe1·::.t ion in the County where Y,Kalion reni ul ... r,.-.~ 01~cm th1g ¥. 'it.lrnut n licem;e, which is a mlsdemc~1.mr. Ik :rebted ·,lin t the Cou11ly is losing re'.veoue frolli s;lfo.:'. ttrv s, ::n1,J rh:-i,t foe tiitu~iion fa, ~':rnsiug cbr.n,, hee!mse tbr Cmmi) !ms no wt\;f 110 coafn:! it

Conmti.;.:-;foni..·r Z tw c ct:,nfi1·111t•.t! Hw1· Jiforhla Statut~ :i0, .2,n , Pubtk C,,dging Es ta Misbmcn t , w :1s ilu! !-Jt~mte tbM M r. l-lunk 1· was discu.'l"sing, nn cl agn •cd witb l1i:st;1fcmc-nts.

H ,mey f\linuse, 27 St: .. r li~h I>rive, r ep resetnir.~ the fr,,Jk n Rhl!r 1 ;eidJbort.,~od Assoc:a tioH ([RN A), !l:1id vacat~on renhds a r ~ tlu·e:ihming the cohe::oivcness a nd stahiHty af foe fJ.1m.mu11ity. Shi;- poin tet'.I out sonif rcquin mH'"nts esfahH::;;h,ed in onli)t' to 011er; fe ;1 vacatio n rent al in Mm1 roe C.:ouuty , !ind ~1sk:,~d foe·: Uonr d to look id c liaving lo~al r egula tions in t:il!tc,! tha t wc-~iJ trea t vi~ ca tiou !\! 11 l':t1s as r. business.

:\i,lr. Jit!nt-~r th.o ug M HH~ County 1ieecfod i:o find n way to conf:;:-ol bud beba" ~or :i t e~·cnts.

Vk C,Joper, 715 Ifa:rbo:- Urive, in tkf\ i\.fooring:':, ~on1me11ied tlltl. t peoJiie tend in " p,1~!: tbe \!f!Yd o1u~·,, mut w~um you r.Ho·w this to ha1:i11en nt J.rn.:crs prn1rei·1:y ""!u,--s, a nd b1x revc1111,~s. lie Silf!'~ei fod d1.wd c,1pini ,l cont n?<:t.

~tile Cll,~ir11,o;t ctllled Jf1r n break at f l :22 a.11-.. "'''' li t!

rccm:veueti 1F1e me.?iing at 11:3.J 11.m., wfth r.11.,' membt!r:, pre.,·ent.

J ohn Bur ns, ISU JL. Saud110i11te P b,ce, :)Oinfod ou t that th ~.-e are ;:;ome tiomeowners t i1J 1t ar c! n ot. :1 pa l't of aay iwm~owner's ass,,cla tlon. He r';!la ted Olnt i,t 1s: th~ responsibHH:y o.f til e :iloutJ1. H,~s1cb .Prup~r ty .\ssocintioc SlU'A) to ad111ocnt~ lb,~ i'egu!r.t ions of t-be •·entals. He ~ddre::-sed other issues that 1,f"rdcd to he ik:~dt with such as trnsi;g ht!y tr ash. diso, d er iy conduct, rrnd !oud mu::iic. i-It~ urged t he Hoard to is~rne a sh·or1g or dhia nce that r,egul.,t~~ these issues.

A d iscu/i'sion foUowed hy the Doa n ) with ~om meut::i and questions to staff resai•\'Jh;g, !~sues mldre~scd by I\fr. Hurn;,;.

George Hry~11t, 180 :-irn·iugline Hrin~. in t he iv!ooriv.gs, P resident of d1e .M.oi:u·ings' l'n:iptrty ON 1err. .:\.fl'iocfo tiou, s11p1mr !cd HH• s1doptim1 of !he OrcHn:mre m1 a reason:,hiL!


number of vehicles 1mll'kint; at a Yuc ai'iou i-entaJ. Ifo r,~called !;iaff's 1tu~1,w1·undum <lf .~.prii 23, :!015, wLer .! other is~u~s ·wcr~ :iditn·-sscd bc!'lides p:u·kh~i:. tha t fo.:y feel sho~M h!' add t·,!:,;;,ed wHb !ilptdfic Umifa t.h .m: heads hi bed, noise; irai-h conll!hH"ffi, :ii:u.~ w mpiiri :1ce with Shll <'. .~afe ty 1!J1d !ic~nsing re,1uire1nt:-nt~1.

l'm~'k f.N•.eU. 12546 N. H i~h,,;r.y Al .A. Pr ;._•sideiif of the North Ue:tch Clvk :\ ssor.latim~, u.ddt-cssed 1n-obfo1u~ witli pe!! IJfo a busing t he system t!J ~,.'1.:hts lteld in hi,; ~,eighborhoutl. He pro, idt:{;1 1ik h1n,~ i'oi- lhe !"ecord. [ fo looked up vru,n (V1h~a tion Reninls by (hnrnr) wh,~ ar~ :.:d vcrtisln~ ~:?edal e,,cnt~: ~n t ile intt1rue t , ar~d mJd r~ssing J}al'i~lnf.', a t tin~ Cum, (v pr.rk. H e thoug~t t f1 "" parking Ordimrnce was r~ good start, but did 1wt know lf ii n ti~ iuin~ to help fa~ <.!Ven! situ~ti.011. l-fo Mif•pot'iL~d foe Uo:1n l fo 1· a ll iheir efforh in t his matiN.

A h:11g:hy dtscu~si011 co11t iuu~lil behYet!n the Bonrd ~ml sian· rc!gar'ding ways to fairly r egula-rc cvr uts in :m Ordirurnico.

MOTIQ~ ·w .\.S lW..:\DE hy Vice Chainmm Solm·i, ~ECONJ)ED by f'h:1irman Davis, t~: .1 ) 2rcepi: U!c JrnO ordhrnoct: a~ wrHten, a ud d ire~t staff to in itfott; foe fo.rmn!

,...-bmn1~~velop1ne1d Ucr,cl~tion::- arnenthnem r,roce:s5 ; :rnd / ' ~ .

,,. 7.) direct t{s.rf 10 dr&ft n sepnrare o rdiiumce i•bat wo uitl r1rei·cm- commercial ev~~ur.s ft l ,·acution t·eutals in siuglefamH~, !):id~ntfal ncigbburilOodi.. defining ~JJecific event~ 'llfiff'nfc· prohihlit'fJ, ,11,.:hufo t'rif•~ria for fonuar mh!!Mi~itii:. ,,·lw rhcr :l be Ul!Wl'iJmlll;.'i\ itd ~r n~t i.ur 1Jtbu !H' h.t1f! fl1da ,,,,· jd~ll(l; for t!1.t• 11.;n' i}f co mmerdui ::dh·h~', ~rnd i!J chHk gu t,~ral c r i.:crii! to enforce the ordinance.

Attor!l i:7 Dan-y Segnl, rtiprr'!entir.g 1,is clien t t\'Ufch D udnk, , t \ ac:::timt rent:d owner, presel! ted :1 Je tter f rom his cHeni , pointing out fha r ,•acntion ren tal park.int: is u.:.-i' !he tlrobicn1; it is im l:v,!nl pro!;lc111. Jlis clh:11t wo uld he ~,e ry encom·agcd to P-e~ th,e 1?Ye Ri prob!mn ru!d r essed. Attorifiey Segal respond ed to se,,,:•·.,I «fUC:,Jtfons from '!lie Hoard.

Commissioner I1'foschcr ,mid tile vehicle count on the f)~d.ing ord.hul!1ce was the nnc thing pi·ev,~nt'ing Mm from, r.upi,oriiug tbc ~i1oiion, and b~ :u;ked ti1~t H be modHiec.I.

Vince DeTurris, 595 Reef R o&tl, Vice .!:•resident of tl1e South Ueacll Proper ty Ownel's Assocfo tio11 (Sln>OA), a nd n eo11eer11ed d fo es1, !ttl preda !"etl tbe Hoard's support. ou 1-tds


iss11e. He {ntrodnc~d Dr. Miles Conwa y wlw frnd bc1!D

working: on this issue for U1Ne years.

M r. H1rn if;r dis1,ukd l\tir. Dml~k'~ <'"rn n:ieuis 131'1?si:nr~ci by .:\.Uoriu~y Segnl that ihe m;e of vncnfom 1,·cntal _prt1J•l' riics zt1d tJ,e parking iss'lle are n sq>:1r~h~ i,;sue.

Or. \\·Hr~ Conwa~, 2.n~ j -: •. Ui~~_!m;!y A.1 . El·uuH nhl lm.l,m;u·i,11 l'nnsuJt:rnt. Oin,;ro,· ~m«l ~~CJ"1!hH'y of ~RPO) .. .. md C!1ai1•11:im of the l.:rnd l 1se Sub~ ·oin m it ice_. prm1idcd a siid.t• pr~s~nhdion rc~ardiuv,: .s.ocbi t.~C(Hiomk iln11od of tr;nisic1d bonrrUng hou~1.:s, or ~:;u~ation renfaJs. He dei'hle.:i ih.:'. rc3sonin~ a nd SUJJJim·tivc- suggesfio11~ of tih~ SUPO,i\:

! . A\·oid th,~ gnmiug of the system , and conH·o] ti1c Influx of people, the o rdinnnc ,~ needs to include Ut,e restrh:tion oJ' ,fosiguuted dr ive,-s. in u crire.,-rffy, und g,lso ehmirwt.- ,,nJ1t1 1-mddug~ Hmou~in~. und sbuUic service.

2. J(emo·te the ~tiffu.i_:1r t!o1t ''fo1~ [1 ·, dca 1·!0,11 c1 ,,,elUn~:!, ,11e nm.11 her of mrt.o mrtbile.s pa rlececl out1;id~ of n ,r,mrporr or !-!,:1rage.n Th~y s-ee thnt as 11 ~tep going backwm·rls.

J . .'\dOjii ml ordia.mcc m: 1\fou:rnl' Count) bas J'os: lh '"ir ,,,-l!'fllllim n int:il hm. uml 1,ropcr1, lkcns,t?. ,·r.,1 uin:m ~•;.1 ts.

4. (-{!lu t1:sel staff mt u::ing qualitative s ta tistic:i;.

Discn~sion cootim;ed by file Board com,t11eu ti11g on Dr. Couv1~~y~s prese11t11Uon, :rn;) fur ther qu~stions wct·e JWSt!d

iil s t~ff.

She1·i.ff J.,ou ,· slnted his office' ::- restiom;ibi!Hy i!; tu enhmice mt«J assist the Co1mL7 with mty ordhumcc U1al' they adopl'.

' rhc C ba:irnrnu as.ke(I Vkr. Ch:.ijrnum Solt:a·i tG r estate his Molio n, ~s iwo se11:n ate rrwti<ms.

f\.'f.OTION \Y .. \S R EST1\TEU by Vice Cl!airnurn Solari. SliCONHED by Cirn.in rarn Dm·b,, to approve slaff's recomm,~ndntion d lrcci ililg starr t o lni !:hue tl1e formal Land DeveJoimtent Rc.gulatimt (L.IJR) :m1e11dmcn1 proci:~s.

Oiscus~iou c,~nHnu~d by C!rnirmun Ihwb: \:, tw posed mldUional ~1uestio11s fo s taff, r evie,vin ~ thr .is..,;111.:s ~dd1·e5~H!d


n

aud sitared t]wught~ nncl Mens on bow .s ir ff couki address tl:em iu tlte o:rtlinnm~e.

The C t-i :1in11m1 f :A.L_LJ~J; TIU: QTJESTl.ON Md th~ M'nE01. r~u-r ied m:rnnimottsly.

i\ lOT ION Y~'/o,.S ffi,',STA:£.ED by Vice C.lwir.mau So:~11·!, E'E('Ol'\:tJEI) 1,y Commis1,h.,,1ef Flesclu'!r . tu Jh-~~• slaff to J rnft an 01·d h~ance tlrnt w oul<i r1rcn•nl (:1110mn d ,1I c ,·m:1l!; at ·~::1c;d ion reu t ds in ~ ingl~-mmily · n •~,ttknli:d uc·i~hborhoml!I,, drt1nia~ ~Jlt'l!itic- even L l b~ll ,m · pr:JJtflliicd. iru:hich: cdt~·ri:1 for· forrmd :11h,wfr,inf.~· , \hdbc;- i:,r lw tWW'!-}l:111,:r, h1t~·r.1uiJ or fi thl·r primlJ fadn l· \ , th-nee for me ,~st:. C.if ;:,imrn;~r..:.·ii1, :1tth,.11"\\ ,ud ioclu1fo f!cru.'n I cdt,i!riH tn .• .. , •.• ·

en i'o1·, t~ ih e 01'iliman 1.~l.'.

FoUmvirig 1·he lotion, Vke Chairnrn n S otnti sfr.teri d,:d h<: wanted r.1:an to b ring the Onliml!lcc b ack to Ou· Uo8rd th rough tbc twrmal LOR amendment procl~s.

The Clu irm::rn CALL.KD TU E QUESTlON and the Motion 1mssed unao imousty .

.}JO'l'J0 : .1 \r\'A.S M,AI~~ h) Ca nm1 i:-t'-ihrnc1· O'Br~;ut. SE1::or~ UF: l.) hv Ctuoi'.I'~ 1-,j i!,.,_1<.•r Zon ·. to a ~k .sta ff h i review noel 11m1l,·:1.~ u;e -Aom·oc Coutny Onlfo,unc"" .011 V1fr111lu1-1 lli.'11tals. cfln•1iik!· th t-~ L!UJHffll;:'Ut:s l":•,)m i he SDPOA . mul hrio~ i i b11.:k to iiw lloi rd for fur l he•· dv.i~~m;11inn.

A brief ilts~us~ior1 foUO\\ cd ;im cJlll:! :,; ' \.'enli Umu·,l m,:,ullcrs !"'C?,:trdiug, the !\.lm1l'oc Count~ O rd iu:m i::c bd ag in !'.no,plb net' with HL!tHu·!m ('ttt ,,t· l~tl\inmme11t:1i ,P,·ol(•r1ion :m d ik aHb llc;;nfoi.io1.1-.:.

\'k 1.• f.ii~irm.rn Sulari r ,·i~d tlac l hrn ro · ( '.mmty Or·diil11nt.·,· a ml iUid hL· w:ts, iwt ~c•in:.•, tu ·;..urc lu !,liPJ>oJ't o i' 01i'., , . lo~iou. H,'. found ilh~ Mom·o1t C,,u nc~, Ordin~mc,~ to tu::- i10,·n.alibiy oi1.:r:<rn11, :rnd \,:Mk .'·l mn·oc Cuunt:y hu~ n r lain spt:cifl ' :1s1;c,t:f;,; lo.' ir-, Jl ;d ~i"n: ct\,r.;\whkh h m :1,v h ~ npp,ro1.1rkw: in fh:il ( 'ouniy, bi! d id hclfo,,,. i.t was not i1vrm,,1)ffatc for the ,uum·or oora ted .ire.-, (1fl ndfa11 Hh·t>,· f 't,unf1,·.

II . • '

'fb1~ f.'hai rnrnn f 'A l .l..EU T i m Ql il•ST iO~ aml 1l1c Motion l'.an k tl. h : a J -2 ._,._~h~ ({ ommiM-,ilintJt· Fh~:\clter- and .. ~ ' . .

Viet, C buirm ~,u S(:l:1(i n111ws~tl).

The Chaimtrm called for " b.,·..-!uk at 1:42 p.m. and :-ecan;,eJ1etl tl1e mectiJJg ri: 1:55 p.m.


'"l"''J~,,( ... O rt ,J l~l'-J'f B ~-. __ ~1_·'- -' ..-..... i 'Y_ .. : "'I

South Beach Property Owne:-s Association Incorporated Objections ReJJistered at January and February, 2016 Meet ins= of STVRAC

"We respectfully disagree with the February l, 2016 staff recommendat ions on Occupancy Limits of Indian River County transient boarding houses operating in bona fide residential neighborhoods for a variety ofreason'>, least of all due dilig~nce. The reasons will be disclosed and pres~nted to higher venues not compromised by its members having a conflict of personal financial interest and an a priori antipathy towards local government regulations.

This reservation of comment and participation is not to be expressly or implicity construed as engagement of any form in the present venue due to the fact bona fide residential property owners are entitled to a hearing and debate before a fair, balanced and uncontlicted hearing outside the domain and control of the Indian River County rental lobby."

"We respectfully disagree with the February 4, 2016 staff recommendations on Local License Length of Indian River County transient boarding houses operating in bona fide residential neighborhoods for a variety ofreasons least of all legality under FS.509.032. These reasons will be disclosed and presented to higher "enues not compromised by its members having a conflict of personal financial interest and an a priori antipathy towards local govl.':rnment regulations.

This reservation of comment and participation is not to be expressly or implicity construed as engagement of any form in the present venue due to the fact bona fide residential property owners are entitled to a hearing and debate before a fair, balanced and unconflicted hearing outside the domain and control of the Indian River County rental lobby."

"We respectfully disagree with the February 4, 2016 (Attachment 2) staff recommendations on Local License Fines ofindian River County transient boarding houses operating in bona fide residential neighborhoods for a variety of reasons, least of all efficacy. The reasons will be disclosed and presented to higher venues not compromised by its members having a conflict of personal financial interest and an a priori antipathy towards local government regulations.

This reservation of comment and participation is not to be expressly or implicity construed as engagement of any form in the present venue due to th~ fact bona fide residential property owners are entitled to a hearing and debate before a fair, balanced and unconflicted hearing outside the domain and control of the Indian River County rental lobby."

We respectfully have concerns with the proposed Feb 4, 2016 staff recommendations on local license length of Transient Boarding Operations in Indian River County residential neighborhoods. Our concerns include legality under FS.509.032. We plan to fm1her review issues and our concerns of rental business conflicts. Additionally, we rcs.;rve the right to make further comments and presentations before all committees, boards, bodi.!s, and jurisdictions government and private.

wmta;,/; .h .cr,·~;•t ,~r.:~~lki"I ' -...: ·tJ~··~-;• 11..,~a,:).l• L'.it .. it l :-~~1:".:-.~_,:.1t io1~

South Beach Property Owners A~sociation Incorporated Obiections Re,iistered at March, 2016 Meetin~ of ST VRAC

"We respectfully disagree with the March 9, 2016 staff recommendatio ns contained in the Proposed Draft Ordinance Zoning Code Section 911.15 and in particular but not limited to:

(I) §9(a) (2) §9(a)3 (3) §9(b)2 (4) §9(b)4 (5) §9(b)6(d) (6) §9(b)6(f) (7) §9(b)6(g) (8) §9(b)7(4) (9) §9(c)3 (10)

Length of License Licen~e Inspection License Submittal Requirements Verification of State License Fire Protection Noise Regulations Fire Safety and Occupancy Fines and Penalties Noise Regulations Overnight Sleeping Occupancy Numerous Other Omissions

of Indian River County Public Lodging Establishments inter alia Transient Boarding Houses and Transient Rooming Houses operating in bona fide residential neighborhoods for a variety ofreasons, least of all due diligence. The reasons will be disclosed and presented to higher venues not compromised by its members having a conflict of personal financial interest and an a priori antipathy towards local government regulations.

This reservation of comment and participation is not to be expressly or implicitly construed as engagement of any form in the present venue due to the fact bona fide residential property owners are entitled to a hearing and debate before a fair, balanced and uncontlicted hearing outside the domain and control of the Indian River County rental lobby."

of 2 A'l'TAC~I IM J::1 .,.l' 8 ( continued)

Statement

Statement of George D. F. Lamborn, President, The South Beach Property Owners Association, Inc. to the Board of County Commissioners, Indian River County, April 12, 2016.

Mr. Chairman, members of the Board of County Commissioners,

I am George Lamborn. I am the President of the South Beach Property Owners Association.

SBPOA was formed almost twenty-five years ago to safeguard the interests of the 2,618 property owners and 3,280 voters of the South Barrier island, unincorporated Indian River County, whose property is collectively worth by conservative estimate some $1.4 billion.

The organization I represent is the "Community" part of that "Community Conversation" the Board of County Commissioners said it wants to engage to discuss the Short Term vacation Rental problem.

The South Beach Property Owners Association, the Indian River Neighborhood Association, and the North Beach Civic Association represent the interests of the 99% of property owners who own their properties for no other reason than the quiet enjoyment of a residence, and whose quality of life, and property value, is at risk from commercialization of neighborhoods.

Like your Short Term Vacation Rental Advisory Committee, the Board members of the SBPOA are volunteers, but in our case, we have no professional or financial interest in the recommendations we make.

We donated our personal time to study the i.ssue:;, follow the proceedings cf the Short Term Vacation Rental Advisory Committee, and reasonably e.<pected to be able to exercise our FirstAmendment right to spt::ak frP.ely to the issues m a pubhc hearing.

have followed the proceedings of the Short Term Vacation Rental Advisory Committee very closely. I sent our representatives, who, along with IRNA and North Beach Civic Association, attended each and every Committee meeting.

I Wl$h to summarize the South Beach Property Owners Assodation's view of the Committee and its work with these remarks:

• I am disappointed to. note that there was very little in the way of d1alogut: between our Community organization~--representmg the width and breadth of thfs County-- and your Committee.

• The representative,; that we have sent to talk with yC'ur Committee have not been treated with due respect.

I have chaired a committee or two during my career on Wall Street. One of them was called the Futures Industry Association, FIA. Another was called the National Futures Association, NFA.

South Beach Property Owners Association, Inc. • P. 0. Box 643093 • Vero Beach, FL 32964

of 2

• The Chair of your Committee was incapable of rendering impartial rulings due to his personal conflict of interest as a vacation rental operator, and as a long-time advocate of the industry.

• In many cases, your Committee made recommendations in the absence of essential information. SBPOA and IRNA have attempted to share data and analysis with the Committee, and the Committee expressed no interest in our research and findings.

• Our analysis and recommendations seem to have had little, or no impact on this Committee whatsoever.

Did we, the Public get what we were promised from this Committee? In short, I must conclude the answer is a categorical 'No.'

No matter what the Legislature has done, or what the County Commission will do, this issue will not go away because it involves a taking of property rights - the most basic right to quiet enjoyment-from the 99%, in order to benefit the 1%.

And that math does not portend well for the public perception of what you have done so far.

' , ,I ,._ ...

George D. F. Lamborn, President, March 17, 2016

South Beach Property Owners Association, Inc. • P. 0. Box 643093 • Vero Beach, FL 32964

SHORT TERM VACATION RENTAL ADVISORY COMMITTEE

The Indian River County (IRC) Short Term Vacation Rental Advisory Committee (STVRAC) met at 10:00 a.m. on Thursday, January 14. 2016, in the County Administration Building, Building B, 1800 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the agenda and the summary minutes on the IRC website:www.ircgov.com/Boards/Shorttermvacationrentaladvisorycommittee/2016.

Present were: Chairman Glenn Powell, District 1 Appointee; Vice Chairman Joseph Paladin, District 2 Appointee; Joel Molinari, Sr., District 3 Appointee; Alan Curtis, District 4 Appointee; Glenn Heran, District 5 Appointee; and Angela Beckley Waldrop, Member-at-Large Appointee.

Absent were: Dr. Robert Dewaters, Jr., Member-at-Large Appointee (excused); and George Bryant, Member-at-Large Appointee Alternate (unexcused).

IRC staff present were: Stan Boling, Community Development Director; Bill DeBraal, Deputy County Attorney; Roland DeBlois, Chief Environmental & Code Enforcement; John King, Emergency Services Director; John Duran, Emergency Services, Lieutenant Inspector; Commissioner Peter D. O'Bryan, District 4; Dylan Reingold, County Attorney; Joe Baird, County Administrator; and Misty L. Pursel, Commissioner Assistant, District 1 and Recording Secretary.

Others present were: David Hunter, Carter Taylor, Dan Lamson, and Honey Minuse, Indian River Neighborhood Association (/RNA); William "Tuck" Ferrell, Colleen Rosenbaum, Miles Conway, Phil Randall, Herb Whitarr, Frank Pethnatrella, Joe Earman, Milt Thomas, Mayor Jay Kramer, City of Vero Beach and Bronia Jenkins, Interested Parties.

Call to Order & Welcome

Chairman Glenn Powell called the meeting to order at 10:03 a.m. and provided invocation-type comments to include (1) focusing on the Committee's mandate; (2) listening to what people have to say, rather than personal criticism and verbal attacks; and (3) being cautious not to create problems with any regulations being passed.

Election of 2016 Chairman and Vice Chairman - Action Required

ON MOTION BY Mr. Curtis, SECONDED BY Mrs. Waldrop, the Committee voted by majority vote (4) to re-elect Glenn Powell as Chairman of the Short Term Vacation Rental Advisory Committee for 2016.

(Recording Secretary Note: A show of hands was requested. Deputy Attorney Debraal counted 4 showing of hands, for purposes of reporting the vote.)

Short Term Vacation Rental/Approved January 14, 2016 F:\BCC\AII Committees\ShortTenn Vacation Rental Advisory Commi!tee\Agendas & Minutes\2016\Minutes\Minutes 114 16 (1).docx

ON MOTION BY Chairman Powell, SECONDED BY Mr. Heran, the Committee voted unanimously (6-0) to re-elect Joe Paladin as Vice Chairman of the Short Term Vacation Rental Advisory Committee for 2016.

Approval of Minutes of December 10, 2015 -Action Required

Dr. Miles Conway requested on Page 6, fifth paragraph beginning with "Dr. Conway announced ... " the following revision:

··or. Conway announced this Committee was not qualified to perform any cregible economic analysis. Also this Committee was not qualified to conduct any credible statistical analysis due to the problem of statist1cal'.• sample sign1f1cance. He said the only way of c,bta1ning accurate transient boarding house records was by court subpoena as had been the me:thod used by the New Y \Jrk Attorney General arid. by grand jury subpoena m another Jurisdiction.''

A typed copy of this statement was provided by Dr. Conway and is on file in the Commission Office.

(Recording Secretary's Note: both versions of Dr. Conway's statement [initial statement red-lined] are included in the December minutes for reflection).

Dr. Conway also requested on Page 6, second paragraph beginning with "THE CHAIRMAN CALLED FOR THE QUESTION", be amended to conform to the way the minutes were recorded at the Board of County Commissioners, i.e., 3 in favor or 3 against. He stated "dissent" had a negative connotation, as there were no dissenters, there were just 3 people who voted against the motion. He requested the protocol for future votes be recorded with those for and those against, consistent with the way it was recorded at the Board of County Commissioners.

(Recording Secretary's Note: Clerk to the Board of County Commissioners confirmed when recording a vote not unanimous, those "opposed" are noted for the record).

ON MOTION BY Vice Chairman Paladin, SECONDED BY Mr. Molinari, the members voted unanimously (6-0) to approve the amended minutes of December 10, 2015.

Other Business

a) Homestead and Property Assessment - No Action Required

Mr. Bill DeBraal, Deputy County Attorney, summarized his memorandum dated December 28, 2015 regarding whether a homestead exemption would be allowed to

2 Short Term Vacation Rental/Approved January 14, 2016 F:\BCCIAII Committees\Short Tenn Vacation Rental Advisory Committee\Agendas & Minutes\2016\Minutes\Minutes 1 14 16 (1).docx

continue after a home was registered as a vacation rental; a copy of which is on file in the Commission Office.

Dr. Conway read into the record the following statemen~·

··we respectfully dIsagreE: . with the interpretation and -presentation . of the valuation of -boria fine resIdent1al homeowners' property as presented ·in the December 28. 2015 memorandum as it ls an incomplete and misconstrued de Jure representation· of the valuatic,n proce$,s,

A complete de Ja_cto presentati.on of the valuation process showing the '..negative finandal impact of public lodging establishments operating adjacent to Bona Fide residential" properties will _b_e provided to a higher venue. not compromised by· its members having a conflict of personal financial -i nterest · and an a priori antipathy towards local government regulations,. to ensure Bona Fide residential property owners are given a fair, balanced a.rid unconfhcted hearing." ·

A copy of the statement is on file in the Commission Office.

Discussions ensued by members of the public concerning approaches involved in the assessed value for tax purposes, appraisal process, market comparables, income approach and replacement costs.

b) Economic Impact Information - No Action Required

Stan Boling, Community Development Director, summarized his memorandum dated January 8, 2016, with Attachments 1 and 2, and emphasized the small sample size was not statistically valid and may not have been randomly selected. A copy of the memorandum, with attachments, are on file in the Commission Office .

. Dr. Conway read into the record the foUowlng statement

"We resp~ctfully disagree wlth the 'economic• data comp1lat1c,n and 'analy&es presented for a vanet-1 of professional ~nalytical and t~c~nical reasons.

A professional deconstruction of the 'economic• data and 'analysis'. and a proper presentation of general economically relevant information will be provided to a higher venue not compromised, by its ·members having_ a conflrcf of personal financial interest and an · a pnon antipathy towards lc,cal government regulations, to ensure bona fide residential property owners are given a fair and balanced hearing.

3 Short Term Vacation Rental/Approved January 14, 2016 F:\BCC\AII Committees\Short Term Vacation Rental Advisory Committee\Agendas & Minutes\2016\Minutes\Minutes 114 16 (1).docx

In addition, both amateur and professional 'economic analysis' Is irrelevant to the remit' of a committee formed to compile reg,ulations to control the operation c,f public lodging establishments."

A copy of the statement is on file in the Commission Office.

Discussions ensued by members of the public concerning the disbursement of the 7 percent sales tax generated and properties being evaluated individually and rentals affecting the assessed value and market value of a property.

c) Occupancy Limits - Joe Paladin, Vice Chairman

Vice Chairman Joe Paladin shared information he discussed with Commissioner Tim Zorc regarding the direction the Board of County Commissioners provided at a Commission Meeting on December 15, 2015 concerning some kind of occupancy limits and how to track those in the short term rental business who were not licensed, and how the County could assist the unlicensed in understanding the need to be licensed.

Vice Chairman Paladin outlined suggestions discussed with Commissioner Zorc such as posting the occupancy limits in plain sight either in the home or on the establishment for easy reference and enforcement purposes; and how occupancy limits were established and controlled; i.e., by square feet, by the number of rooms, etc.

Chairman Powell mentioned the possibility of discussing regulations on what the short term rental advertisements were required to provide; i.e., occupancy limits, licensing information, taxes, etc. at a future committee meeting.

Discussions ensued by members of the public concerning determining and enforcing occupancy limits, and establishing advertised occupancy. References were made to Monroe County's requirements for licensing included occupancy limits. Comments were made concerning the number and size of bedrooms and living area in the short term vacation home would help establish the occupancy numbers.

ON MOTION BY Vice Chairman Paladin, SECONDED BY Glenn Heran, to direct County Staff to provide a recommendation and/or formulas for controlling occupancy limits and enforcement.

UNDER DISCUSSION, Mr. Heran said the suggestion regarding controlling occupancy limits provided "teeth" in the enforcement process.

THE CHAIRMAN CALLED FOR THE QUESTION, and the Motion passed unanimously (6-0).

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New Business

a. Fines & Citations - Action Required

Mr. Roland DeBlois, Chief of Environmental Planning and Code Enforcement, reviewed his memorandum dated January 5, 2016, regarding the enforcement of regulations - citation powers and fines, with Attachments 1 through 4, providing background, overview and analysis and recommendations; a copy of which is on file in the Commission Office.

Discussions ensued by members of the public regarding warnings and citations sent to the property owners and the management contact for the property at their address on record, the definition of a commercial event at a residence and the disadvantage of the Code Enforcement Officer and the Code Enforcement Board having to defend fines and citations against attorneys representing property owners.

ON MOTION BY Vice Chairman Paladin, SECONDED BY Mr. Molinari, the members voted unanimously (6-0) to direct County Staff to draft an amendment resolution for County Commission adoption, amending the Resolution 92-52 fine schedule and establish fines for vacation rental parking violations and for commercial events at residences as follows:

• Vacation rental parking: $50 (per vehicle) for first violations; $100 (per vehicle) for repeat violations; and

• Commercial event at residence: $1,000 for first violations; $5,000 for repeat violations.

Mr. Boling announced the next meeting of the Short Term Vacation Rental Advisory Committee was scheduled for Thursday, February 11, 2016 at 10:00 a.m., in Building B, Conference Room B1-501. He provided the committee's suggested agenda topics to include occupancy limits; site inspection requirements and the length of the license.

ON MOTION BY Vice Chairman Paladin, SECONDED BY Mr. Molinari, the members voted unanimously (6-0) to approve the suggested agenda topics for the next scheduled Short Term Vacation Rental Advisory Committee meeting.

Adjournment

There being no further business, the meeting adjourned at 12: 12 p.m.

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A.TT1-\CIIMENT C ORDINANCE 2016-_

AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); ESTABLISING REQUIREMENTS FOR A COUNTY VACATION RENTAL LICENSE AND OTHER VACATION RENTAL REGULATIONS BY CREATING ZONING CODE SECTION 911.15(9); AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICAITON; SEVERABILITY; AND EFFECTIVE DATE.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 911, ZONING BE AMENDED AS FOLLOWS:

SECTION#!:

Zoning code section 911.15(9) is hereby created to read as follows:

(9) Vacation rental local license and regulations

(a) The owner of a vacation rental unit shall obtain from the community development department a vacation rental license. A separate license shall be required for each vacation rental unit. Bach license shall be valid for a period of three (3) years from the date of issuance unle8s terminated by -the owner or revoked by the county. and each license may be rene\\•ed every three (3) years upon approval by the community development department. A license mav be transferred to a new owner upon submis~ion of updated license information and execution of and assumption of license obligations and conditions on a form provided by the community development department. 1. A license application shall be submitted to the community development

department on a form provided by the department. 2. License application review shall be managed by the community development

department in coordination with other county departments, local agencies. and state agencie8,

3. Prior to issuance of a license or a license renewal, a county code enforcement · officer shall conduct an inspection of the vacation rental unit for compliance with the requirements of this section of the zoning code (911.15(9)1.

(b) License application 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 license for vacation rental unit b. Local business tax receipt from the Tax Collector c. Local tourist tax account from the Clerk of the Circuit Court

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~TAFT RECOMMENDATION (added item)

ORDINANCE 2016-_

3. Parking compliance information: number of gara ge and/or carport spaces. number of rental unit bedrooms. maximum number of automobiles allowed outside of garage/carport, location of spaces accommodated on improved or stabilized driveway.

4. Verification that 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: number and dimensions of bedrooms.

6. Verification of whether the umt is served bv public sewer service or an on-site se\\age t1eatment and disposal c;vstem (septic/Jrainfield system>. If sen,ed by an on-site sewage treatment and disposal c;;ystem, the applicant will be required to proYide an exii::ting system evaluation approved by the health department if the health department has no record of the system size permitted by the deprutment.

7. Acknowledgment form provided bv the ~ommunity development department. executed and dated by the rental .·· unit owner and manager. The acknowledgment form -ilhall provide information regarding the following county requirements for vacation rentals.

a. Prohibition on commercial events at residence (e.g. weddings) b. Spe~ial parking regulations. · c. Sea turtle protection regulations (for rental units located east of SR A-1-A) d. Noi~e regulations: Chapter 974 noise regulations which include day and

night · decibel level limitations and more stringent "no disturbance" requirements 'from 10 pm to 6 am

e. Limitations on dock/boat use: (for waterfront rental units): no more than 2 boats moored per dock, dock used by unit owner or renter only, no liveaboard use; (all rental units): no more than 2 boats stored or parked per unit

f. Fire safet): teguirements and maximum sleeping occupancy limitations g. Fines and citation penalties for violations

7. Acknowledgment that the following information will be posted or displayed inside the vacation rental unit prior to inspection of the unit by the county code enforcement officer:

I. Manager contact information 2. Maximum number of parked automobiles and boats. and approved parking

locations 3. Trash and recycling pick-up days and protocol for placing and

retrieving/storing containers 4. Noise regulations: day and night decibel level limitations and more

stringent "no disturbance" requirements from 10 pm - 6 am 5. Location of smoke alarms, emergency lighting. and fire extinguisher.

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ORDINANCE 2016-_

6. Emergency room information 7. Sea turtle protection information (for rental units located east of SR A-1-A 8. Maximum sleeping occupancy (number of persons)

8. Application fee established by resolution of" the Board of County Commissioners.

(c) Vacation rental local regulations are as follows:

STVRAC RECOMMENDA Tl ON

STAFF RECOMMENDATION

I. Parking and storage of vehicles shall. c-onfonn to the requirements of zoning code section 911.15(4)(b).

2. Commercial events shall be prohibited in accordance with zoning code section 911.15(8).

3. The ovemight total maximum sleeping occupancy- of adults (18 years or older) at a vacation rental unit ~hall not exceed two (2) per h~droom plus two ''2) additional adult8. ,-The .. unit occupanc)'. limit confirmed by the county code enforcement ufficer shall be stated on the local .license.

3. The overnight maximum sleeping occupancy of a \tacation rental unit ehall not e~ceed the follovving: · a. Fora unit serYed by public '.;;ewer ~ervice. 2 per"sons per bedroQm plus

2 additional .person~. b. For a unit sened by an on-site sewage treatment and di8Pl'Sial s\'stem

(5eptic/drainfield &ysteml. 2 persons per bedroom plu8 2 additional persom: m the number of person-; accommodated by the system as determined by the health department. whichever number of persons is less.

The unit occupancy limit c-0nfirmed by the .;ounty code enfor1,;,ement .. officer shall be stated on the local license.

4. Fire protection items required for a state vacation rental license shall be provided in the vacation rental unit. a. In addition. a carbon monoxide (CO) alarm, when required under

Section R315. Carbon Monoxide Alarms of the Florida Building Code - Residential, shall be provided.

5. Changes in the vacation rental manager and/or changes in the manager contact· information shall be provided to the community development department within ten (IO) days of the change.

6. The local license number. and the occupancy limit confirmed by the county code enforcement officer. shall appear or be stated in any vacation rental unit advertisement or any rental offering associated with a vacation rental unit.


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.

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ORDINANCE 2016-_


The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this 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 Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word.


This Ordinance shall take effect upon filing with the Department of State.

This ordinance was advertised in the Press-Journal on the ___ day of 2016, for a public hearing to be held on the ___ day of , 2016, at which time it was moved for adoption by Commissioner • seconded by Commissioner _______ and adopted by the following vote:

Chairman Bob Solari

Vice Chairman Joseph E. Flescher

Commissioner Wesle)' S. Davis


Commissic,ner Peter D. O'Bryan

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

The Chairman there upon declared the ordinance duly passed and adopted this __ day of 2016. ----~

BY: Bob Solari, Chairman

ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller

BY: ____ _________ _

Deputy Clerk

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ORDINANCE 2016-

This ordinance was filed with the Department of State on the following date: ______ _

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

Dylan Reingold, County Attorney

APPROVED AS TO PLANNING MA TIERS

Stan Boling, AICP; Community Development Director

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~upremt <!Court of jf lortba

No. SC06-1204

ELIZABETH J. NEUMONT, et al . ., Appellants,

vs.

STATE OF FLORIDA, MONROE COUNTY, FLORIDA, Appellee.

[September 27, 2007]

CANTERO, J.

The appellants seek to invalidate a :Monroe County ordinance limiting the

use of homes a~ vacation rental8. We must decide what kind of changes to a

proposed ordinance during the enactment process are "substantial or material" so

that the process must start from scratch. Reviewing the case on appeal from a

summary judgment, the United States Court of Appeals for the Eleventh Circuit

certified a question to us. We have exercised our discretionary jurisdiction to

answer it. See art. V, § 3(b)(6), Fla. Const. For the reasons discussed below, we

hold that the changes to an ordinance during the enactment process are only

"substantial or material" if they change the ordinance's general purpose.

Nothing in the enacted ordinance rendered the advertised title misleading or

inaccurate. Thus, there was no need to restart the enactment procedure. 3

III. CONCLUSION

For the reasons stated, we hold that a change in the general purpose of a

proposed ordinance is the definition of "substantial or material change" most

compatible with the text of section 125.66(4)(b). The general purpose test strikes

an effective balance between providing the public with adequate notice and

permitting the efficient modification of proposed ordinances in response to public

input. Having answered the certified question, we return this case to the United

States Court of Appeals for the Eleventh Circuit.

It is so ordered.

LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, and BELL, JJ., concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DETERMINED.

Certified Question of Law from the United States Court of Appeals for the Eleventh Circuit- Case No. 04-13610

Eric Grant, Sacramento, California, Harold E. Wolfe, Jr., and William H. Pincus, West Palm Beach, Florida, and James H. Hicks of Hicks, Brams and Motto, West Palm Beach, Florida,

3. Plaintiffs also argue that the County's procedures in enacting the ordinance violated due process. That issue, however, is for the Eleventh Circuit Court of Appeals to decide.

- 21 -

\I I II \ 11 I'\

MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT

Request for a Special Vacation Rental Permit (Initial)

Vacation Rental Application Fee: $493.00 This application and fee is for initial applications only, not renewals.

Vacation rental means a dwelling unit that is rented, leased or assigned for tenancies ofless than 28 days duration.

An owner or agent is required to obtain an annual special vacation rental permit for each dwelling unit prior to renting any dwelling unit as a vacation rental except as provided for under Monroe County Code. A special vacation rental permit is nontransferable between owners. A change of ownership of the vacation rental unit shall require the new owner or his agent to obtain a new vacation rental permit for the residential dwelling unit.

Date of Submittal: ----'/ ___ / __ _ Month Day Year

Applicant/Property Owner:

Property Owner (Name/Entity) Contact Person (If Different Than Property Owner)



Vacation Rental Manager:




Page 1 of4 , i ,·_ , •I ,, '••1-1

\l'l'lh \llfl:\

Legal Description of Property: (If in metes and bounds, attach legal description on separate sheet)

Block Lot Subdivision Key (Island)

Real Estate (RE) Nwnber


Current Land Use District Designation: ___________ _ ____________ _

Vacation rentals may only be permitted in the following Land Use Districts: Urban Residential (UR), Suburban Residential (SR), Suburban Residential-Limited (SR-L), Improved Subdivision-Vacation Rental (IS-V), Destination Resort (DR), Commercial Fishing Special District 16 (CFSD-16), Mixed Use (MU) & Maritime Industries (MI)

Vacation rental use of non-conforming dwelling units that are not deed restricted as affordable housing, employee housing or commercial apartments may be permitted in the following Land Use Districts: Urban Commercial (UC) & Suburban Commercial (SC)

Vacation rental use of a dwelling unit in existence as of January l, 2000 may be permitted in the following Land Use District: Offshore Island (OS)

All of the following must be submitted in order to have a complete application submittal: (Please check as you attach each required item to the application)

• • • • • • • • • • • • • • •

Complete Yacation rental application (unaltered and unbound)

Correct fee ( check or money order to Monroe County Planning & Environmental Resources)

Current Property Record Card(s) from the Monroe County Property Appraiser

Proof of ownership (i.e. Warranty Deed)

Photograph of dwelling unit from adjacent roadway

Floor plan of dwelling unit (:showing square footage, building layout and type1; ofroorn<s)

Site Plan (includmg all property hnc'S, 'structw-es. drives and plllkmg 1,;pace-s)

Current and valid Monroe County Business Tax

Current and valid Florida Department of Revenue Certificate of Registration (issued pursuant to Chapter 212, Florida Statutes)

Current and valid Florida Department of Business and Professional Regulation license (issued pursuant to Chapter 509, Florida Statutes)

Current and valid federal tax identification number

Apprm,~d Florida Department of Health or Florida Department of Environmental Protection inspection or certification of the adequacy of the ~ewage di,posal ,ystem for use as a vacation rental

Current and valid Special Vacation Rental Manager License (or copy of application for license)

Copy of completed "Tenants Agreement" (please see attachment)

Copy of completed "Notice of Vacation Rental Use" (please see attachment)

Page 2 of4 I t I It.- L ,I II 1tl,l

\l'l'I IC\ I IC I

0 Proof that the completed "Notice of Vacation Rental Use" and "Tenants Agreement" were sent by certified return mail to all property owners located within 300 feet of the property on which the dwelling unit is situated, not less than 30 days prior to the date of approval of the application (this list should be compiled from the current tax rolls of the Monroe County Property Appraiser. In the event that a condominium development is within the 300 foot radius, each unit owner must be included)

0 An approved inspection report from the Office of the Fire Marshal verifying compliance with NFPA Life Safety Code 101

If applicable, the following must be submitted in order to have a complete application submittal:

0 Notarized Agent Authorization Letter (note: authorization is needed from all owner(s) of the subject property)

If deemed necessary, the Planning & Environmental Resources Department reserves the right to request additional information.

Page 3 of4 I ,, I I~ \ J, 11 II-' .!II 4

l'I \llll'\

I certify that all provisions and regulations set forth in Monroe County Cod e, Vacation rental uses, shall be met.

I certify that I am familiar with the information contained in this applicat ion, and that to the best of my knowledge such information is true, complete and a ccurate.

I grant the Monroe County Code Compliance Department the right to inspect the premises of the vacation rental unit prior to the issuance of the special vacation rental permit and at any other time after issuance of

the permit to determine compliance with the county land development regulations.

This application shall bear the signature of all owner(s) and all authorized manager(s) of the owner(s). If necessary, please attached additional sheets with notarized signatures of all other authorize property owners and/or vacation rental managers:

Property Owner Signature: Date: ------- - -Printed Name of Owner:

Sworn before me this _ _ _ day of ___________________ _______ _

Vacation Rental Manager Signature:

Printed Name of Manager:


Date: ___ _____ _

Sworn before me this ___ day of _________________________ _


Please deliver or mail the complete application package to the Monroe County Planning & Environmental Resources Department, Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL 33050.

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MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT

NOTICE OF VACATION RENTAL USE APPLICATION

The following information is regarding a special vacation rental permit application for the following property.

You have the right to appeal a decision to approve or deny this special vacation rental permit to the planning commission within 30 days under Monroe County Code. You may have other rights that Monroe County cannot enforce. Review of a special vacation rental permit application by Monroe County will consider the existence of valid private deed restrictions, restrictive covenants or other restrictions of record which may prohibit the use of the dwelling unit for vacation rental purposes. You may wish to consult an attorney concerning these private rights.

The Monroe County Planning Department may be contacted at (305)289-2500 and the Monroe County Code Compliance Department may be contacted at: Lower Keys office (305)292-4495. Middle Keys office (305)289-2810 and Upper Keys office (305)453-8806.

Legal Description of Property: (If in metes and bounds, attach legal description on separate sheet)

Block Lot



Applicant/Property Owner:

Property Owner (Name/Entity)



Vacation Rental Manager:




Subdivision Key

Contact Person (If Different Than Property Owner)

Email Address

Email Address

If necessary, please attach additional sheets with names of any other vacation rental managers, agents, caretakers and/or owners of the dwelling unit.

Page 1 of 1

q,~ 1· ,Ill

SPECIAL VACATION RENTAL PERMIT REGULATIONS A ND CONDITIONS TENANT'S AGREEMENT

Legal Description of Property: (If in metes and bowids, attach legal description on separate sheet)

Block Lot Subdivision Key


Street Address {Street, City, State and Zip Code)

l) No more than one motorized watercraft, including a jet ski or wave runner, shall be allowed at each vacation rental unit. The watercraft may be moored at either an existing on-site docking facility or stored on a trailer in an approved parking space.

2) Vehicles, watercraft and trailers shall not be placed on the street or in yards. All vehicles, watercraft and boat trailers must be parked or stored off-street in parking spaces specifically designated and approved in the special vacation rental permit. One vehicle parking space shall be required per bedroom or efficiency unit and one boat trailer space per vacation rental unit.

3) No boat docked at a vacation rental property shall be chartered to a person other than registered guests of the vacation rental unit or used for live-aboards, sleeping or overnight accommodations. In addition, recreation vehicles shall not be used for sleeping or overnight accommodations at the vacation rental unit.

4) Occupants ~hall be prohibi~d from milinz e~cesr,h,e or boi:-,tetous noi8e in 01 about any re<sident1al dwelling unit at all times Noise. that l'> audibl.! be-1ond the boundanP.s of the re~idential d\\'.!lhng umt, r,hall be prohillited between the hour.:, of l 0 00 p m and 8 00 a.m. weekdays and 11 :00 p.m. and 9·00 a.m. on w~ekends

5) All trash and debris on the vacation rental property must be kept in covered trash containers. Each vacation rental unit must be equipped with at least four covered trash containers for such purpose. Owners must post, and occupants must comply with, all trash and recycling schedules and requirements applicable to the vacation rental unit. Tra5h containen. mu~t not be placed by the street for pick-up until 6:00 p m. the night before pick-up and mu<,t be remo\ed ftom the area by the street by 6:00 p.m. the next day.

6) A tenant's agreement to the forgoing rules and regulations must be made a part of each and every lease under F.S. § 509.01 for any vacation rental unit subject to the provisions of this section. These vacation rental regulations governing tenant conduct and use of the vacation rental unit shall be prominently posted within each dwelling unit subject to the provisions of this section along with the warning that violations of any of the vacation rental regulations constitutes a violation of this Code subject to fines or punishable as a second degree misdemeanor and is also grounds for immediate termination of the lease and eviction from the leased premises and criminal penalties under F.S. § 509.151 ("defrauding an innkeeper"), F.S. § 509.141 ("ejection of undesirable guests"), F.S. § 509.142 ("conduct on premises) or F.S. § 509.143 ("disorderly conduct on premises, arrest").

7) The owner or agent shall require a lease to be executed with each vacation rental use of the property and maintain a guest and vehicle register listing all vacation rental occupants' names, home addresses, telephone numbers, vehicle license plate and watercraft registration numbers. Each lease and this register shall be kept by the vacation rental manager and available for inspection by county code enforcement personnel during business hours.

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8) Vacation rental unit8 mu<,t be regi'itered. ltcensed and meet all &pplicable r,ta te requirement<; contained in F,8. ch. 212 trlonda Ta,. and Revenue Ac~) and f .S ch. 509 (Public Lodging E s tabfo,hments) a<,. implemented by the Florida Administrative Code, as may be amende'd

9) TI1e vacation rent.ii use must comply with all fstate of Flonda Depaittt,ent of Health and State of Flo1ida Department of Environmental Pt'l.,tection standards for wa5tewate1 tJ eatment and disposal.

10) All vacation rental units shall have a vacation rental manager, who has been issued a vacation rental manager license by the planning department. The vacation rental manager shall reside within and be licensed for that section of the county (Upper, Middle, and Lower Keys) where the vacation rental unit is located and be available 24 hours per day, seven days a week for the purpose of promptly responding to complaints regarding conduct or behavior of vacation rental occupants or alleged violations of this section. Any change in the vacation rental manager shall require written notification to the planning department and notification by certified return mail to property owners within 300 feet of the subject dwelling.

11) Complaints to the vacation rental manager concerning violations by occupants of vacation rental units to this section shall be responded to within one hour. The neighbor who made the complaint shall be contacted by telephone or in person and informed as to the results of the actions taken by the manager. A record shall be kept of the complaint and the manager's response for a period of at least three months after the incident, which shall be available for inspection by the county code enforcement department during business hours.

12) The name, address, and telephone number of the vacation rental manager, the telephone number of county code enforcement department and the number of the special vacation rental permit shall be posted and visible from the front property line of the vacation rental unit.

13) The tenants' agreement with the rules of conduct shall be posted in a conspicuous location in each vacation rental unit

14) Occupancy of vacl:l.tton rental unit('°>) ,;hall be limited to no mote than t\"o (2) indt'viduali; per hedtoom, 01 Ill)

mote than mo (2) md1 .. iduals pe1 efficiency urut, when rented a<: a vacation rnntal unit '°>Ubject to the pn.wi~1on~ of Monroe County Ordinance No. 004-1997.

15) Review of this permit did not consider the existence of valid private deed restrictions, restrictive covenants or other restrictions of record which may otherwise legally prohibit the use of the dwelling unit for vacation rental purposes.

VIOLATION WARNING Violations of any of the vacation rental regulations constitutes a violation of Monroe County Code punishable as a

second degree misdemeanor and is also grounds for immediate termination of the lease and eviction from the leased premises and criminal penalties under Florida Statutes §509.151 ("Defrauding an Innkeeper"), §509 .141

("Ejection of Undesirable Guests"), §509.142 ("Conduct on Premises) or §509.143 (Disorderly Conduct on Premises, Arrest").

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This tenant's agreement shall bear the signature of all owner(s) and all authorized manager(s) of the owner(s). If necessary, please attached additional sheets with notarized signatures of all other authorize property owners and/or vacation rental managers:

Property Owner Signature: Date: ________ _

Printed Name of Owner:

Sworn before me this ___ day of __________________________ _

Vacation Rental Manager Signature: ____________ _ _

Printed Name of Manager:


Date: ________ _

Sworn before me this _ __ day of __________________________ _

I' t r J 11 l


INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: The Members of the Planning and Zoning Commission

~ FROM: Stan Boling, AICP; Community Development Director

DATE: May 19, 2016

:CTE(() 1 A r> I. A :\1 I\' I '.\J (;

I i\J..\ TTF.H~

SUBJECT: Planning Information Package for the April 14, 2016 Planning and Zoning Commission Meeting

For this meeting's packet, the following articles are provided:

(1) "Florida's orange crop estimate gets sunnier", Sun Sentinel, May 11, 2016.

(2) "Impact of Citrus Greening on Citrus Operations in Florida", University of Florida IF AS Extension, Ariel Singerman and Pilar Useche, February 2016.

(3) "Can A Tiny Wasp Save The Citrus Industry?", NPR, May 18, 2016, Amanda Solliday.

(4) "Small chance of home prices falling in South Florida, report says", Sun Sentinel, April 7, 2016, Paul Owers.

(5) "Sunshine State can't shake the No.I foreclosure spot", Herald-Tribune, May 16, 2016, John Hielscher.

(6) "Florida breaks another tourism record with 29.8 million visitors in first quarter", Tampa Bay Times, May 16, 2016, Alli Knothe.

(7) "Will robot cars drive traffic congestion off a cliff?", Tampa Bay Times, May 16, 2016.

(8) "Suburbia Gets No Respect, But It Could Become a Very Different Place", Smithsonian.com, May 12, 2016, Randy Rieland.

cc: Board of County Commissioners (via e-mail) Joe Baird (via e-mail) Michael Zito (via e-mail) Jason Brown (via e-mail) Phil Matson (via e-mail)

F:\Community Development\CurDev\P&Z\ARTICLES\Articles for 2016\5-26-16 articles.docx

Florida's orange crop estimate gets sunnier

F lorida's citrus orange crop estimate has gotten sunnier.

Federal agricultural officials said Tuesday that the estimate for Florida's orange crop has increased 7

percent over the previous month's estimate.

Florida orange growers now are expected to produce 81.1 million boxes in the 2015-2016 season. The rise

comes primarily from an extra 5 million boxes of Valencia oranges, which now are expected to produce

45 million boxes.

Early-to-midseason varieties also jumped slightly to 36.1 million boxes. The grapefruit crop estimate rose

slightly to 10.8 million boxes. The current orange crop estimate is still significantly lower than the 2014-

2015 season's 96.8 million boxes of oranges.

Florida's citrus industry has been decimated in the past decade by the citrus greening disease. But the

state still is forecast to be the largest orange and grapefruit producer in the country.

California is expected to produce 52.5 million boxes of oranges and 3.9 million boxes of grapefrut. Texas

is forecast for 1.6 million boxes of oranges and 5.2 million boxes of grapefruit.

California produces almost all of the nation's tangerines.

UF ! IFAS Extension I CSTVTRSITY •/FI.CllllIM. FE983

Impact of Citrus Greening on Citrus Operations in Florida1

Ariel Singerman and Pilar Useche2

Introduction Florida is the largest orange-producing state in the United States, and the third largest orange producer in the world behind Brazil and China. Approximately 95% of all oranges grown in Florida are processed for juice (USDA/NASS 2015). The Florida citrus industry and its position in the global citrus market is being jeopardized by a bacterial disease known as citrus greening or Huanglongbing (HLB). HLB adversely affects the vascular systems of citrus trees, limiting nutrient uptake. Consequently, the disease reduces yield, fruit size and quality, and increases tree mortality and cost of production. First found in Florida in 2005, HLB has spread rapidly across the state (CREC 2015a).

As ofJanuary 2016, there is neither a cure nor an economically viable option for managing HLB-infected trees. Since HLB was first found in 2005, orange acreage and yield in Florida have decreased by 26% and 42%, respectively. Orange production dropped from 242 million to 104.6 million boxes in 2014. Even though the industry acknowledges that HLB has reached epidemic proportions across the state, estimates of the level of infection and its impact on citrus operations are scarce. This article presents the first growers' -survey-based estimates of both the level of HLB infection in Florida and the impact of HLB on citrus operations in Florida.

Surveying the Florida Citrus lndust1·y We conducted a survey of individuals involved in citrus production in Florida during a biannual event organized at the University of Florida's Citrus Research and Education Center. There were 326 attendees at the event, including growers, researchers, extension agents, the media, and state officials. The number of growers was estimated at 200. The number of completed surveys was 76, giving a response rate of 38%. Survey participants operated 156,614 acres, which accounts for approximately 30% of the total acreage devoted to citrus in Florida.

1. This is EDIS document FE983, a publication of the Food and Resource Economics Department, UF/IFAS Extension, Gainesville, FL. Published February 2016. Please visit the EDIS website at http://edis.ifas.ufl.edu.

2. Ariel Singerman, assistant professor and Extension economist, Food and Resource Economics Department, UF/IFAS Citrus Research and Education Center, Lake Alfred, FL; and Pilar Useche, associate professor, Food and Resource Economics Department, UF/IFAS Extension, Gainesville, FL

The Institute of Food and Agricultural Sciences ([FAS) Is an Equal Opportunity Institution authorized to provide research, educational information and other services only to individuals and Institutions that function with non-discrimination with respect to race, creed, color, religion, age, disability, sex, sexual orientation, marital status, national origin, political opinions or affiliations. For more information on obtaining other UF/IFAS Extension publications, contact your county's UF/IFAS E>rtension office. U.S. Department of Agriculture, UF/IFAS EJctension Service, University of Florida, IFAS, Florida A & M University Cooperative Extension Program, and Boards of County Commissioners Cooperating. Nick T. Place, dean for UF/IFAS E>rtenslon.

Toe proportion of grove owners and production managers who participated in the survey were 65% and 22%, respectively, while 13% of the respondents classified themselves as other (Figure 1). Those in the latter category defined their responsibilities as caretaker, nursery manager, manufacturer, processor, research farm manager, or researcher.

Othe1 l3'lt;

Prod. Manager i2%

Fiyur~ 1. Re.p,:msibilities reported by citrus industry survey r~spor,dents

Survey-based f.s'timates on HLB Impact. To quantify the impact of HLB on citrus operations in Florida, we asked participants to answer three ques-tions (Figures 2, 3, and 4 show the distribution of their responses). First, we asked them to estimate the percentage of acres in their operations infected with HLB (Figure 2). The percentage of growers who indicated that 100% of their acres were infected - that is, at least one tree in every single acre of their groves was infected with the bacteria - was 57%, Another 24% of participants stated that the percentage of acres in their operations infected with HLB was greater than or equal to 80% but less than 100%. The average percentage of acres infected with the bacteria across responses was 90%.

Second, we asked participants to estimate the percentage ofHLB-fected trees in their operations (Figure 3). In this case, 49% of the individuals stated their operations have a percentage of infected trees that is greater than or equal to 80% but less than 100%, while 15% indicated that 100% of their trees are infected. Together these two groups account for 64% of the respondents. Taking the average across all responses, the average percentage of trees infected with HLBwas80%.

Toe third question, aimed at collecting data on the impact of the disease, asked growers to estimate the average percentage yield loss per acre they attribute to HLB (Figure 4). We used the midpoint of the ranges. Combining the categories reporting a yield loss greater than 40% accounts

Impact of Citrus Greening on Citrus Opemtions in Florida

s°"

""' .

24"

40to 59% .SO i:c,799' 80tD 99%

" Infected Aaes

Figure 2. Reported percentage of acres infected with HLB by citrus industry survey respondents

600(.

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I '"" 1-- 39;,

006 ·· -·-- -

129<.

lns than 40't. 40-t:o 54=1-6 611 to 79" Kfnfect:edTrees

49"

80 to99" 10o,t;

Figure 3. Reported percentage of trees infected with HLB by citrus industry survey respondents

for 60% of the respondents. The average percentage yield loss across all responses was 41 %.

Analysis by Region To analyze the survey responses by region, we categorized the location of the participants' operations into three areas: (1) central Florida, (2) central/southwest Florida, and (3) southwest Florida. Column 1 in Table 1 shows that 44 participants had operations in central Florida; 11 had operations in central/southwest Florida, and 21 had operations in southwest Florida.

Column 2 in Table 1 shows the average size of the operation for each region, which were 693, 1,962, and 5,818 acres for central Florida, central/southwest Florida, and southwest Florida, respectively. The average operation size is significantly larger in southwest Florida than in central Florida because of three severe freezes in the 1980s, which killed a large proportion of citrus trees. The industry responded by planting new larger groves farther south of central Florida, which used to be the state's primary citrus-growing region.

Even though the majority of the respondents in our sample were from central Florida, much of the acreage was in southwest Florida (Column 3 in Table 1), which resembles the actual citrus acreage distribution reflected in the 2014 USDA Florida Citrus Statistics (USDA/NASS 2015). In our

2

50'< l 47%

""" 32'6

i """ . I w" I

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sor. 39'

°" Jess than 20" 2C. to 39" 40 to 59" 60to79" 80to99'6

9'YleldloM

Figure 4. Reported percentage of yield loss attributed to HLB by citrus industry surv~y respondents

sample, 71 % of the total acreage is in southwest Florida, 18% in central Florida, and 11 % is distributed across central/southwest Florida. USDA reports that 54% of the total citrus acreage in 2014 was in southwest Florida while 29% was in central Florida. This distribution also closely follows the regional contributions in terms of production (boxes), with southwest Florida contributing 52% of total production and central Florida contributing 30%.

Columns 4, 5, and 6 in Table 1 show the average percentage ofHLB-infected acres, HLB-infected trees, and HLB-related yield loss per acre, respectively. Interestingly, the percentage ofHLB-infected acres in southwest Florida was 4% larger relative to central Florida while the percentage of HLBinfected trees was 6% lower in southwest Florida relative to central Florida. Furthermore, the average percentage of HLB-related yield loss per acre in southwest Florida was 12% lower than in central Florida. The percentage of HLB-infected acres and average percentage ofHLB-related yield loss for operations with groves in central/southw:st Florida were the midpoint relative to the other two regions. However, these operations had the lowest percentage of HLB-infected trees.

It can be argued that the lower percentage of HLB-infected trees and percentage ofHLB-related yield loss in southwest Florida relative to central Florida are due to the size of the operations. Larger citrus-growing operations can attain economies of scale. These larger operations are typically owned by corporations, which can also be vertically integrated into fruit processing or packing operations. Such integration can allow a higher level of spending in the caretaking of trees in southwest Florida relative to the smaller operations found in central Florida.

Another important consideration regarding the size of operations is related to Citrus Health Management Areas (CHMAs). A CHMA is a voluntary, area-wide pest management approach suggested by researchers from the

Ii,1pact of Citrus Gree11ing 011 Citrus Operations in Florida

University of Florida to control the Asian Citrus Psyllid (ACP). Each CHMA constitutes a grouping of growers who work cooperatively to coordinate insecticide application to

control the spread of ACP across neighboring commercial citrus groves. The idea behind this cooperative effort is that it provides a larger and more lasting effect relative to individual (uncoordinated) treatments because it minimizes movement ofpsyllids between groves (CREC 2015b). However, due to the decrease in profitability, many growers have reduced inputs for caretaking of trees, including insecticide applications. Thus, they either do not participate in CHMAs or do so in a limited fashion. However, by doing so, these growers impose a cost on their neighbors. Larger operations are less dependent upon the willingness of neighboring growers to participate in CHMAs and are better able to control for ACP and manage the impact of HLB.

Siummary The Florida citrus industry currently faces the challenges imposed by HLB: decreasing yields and production, lower quality fruit, and higher tree mortality rates. All of which have resulted in an increased cost of production. This article summarizes the results of a survey conducted to obtain growers' estimates on the level of infection and impact of HLB on citrus operations in Florida. From these assessments, we found that, on average, the current percentage ofHLB-infected acres and HLB-infected trees in a citrus operation in Florida are 90% and 80%, respectively. Furthermore, compared to pre-HLB levels, the average percentage of HLB-related yield Joss that growers attribute to HLB is 41 %. In addition, citrus operations in central Florida experience a 12% higher yield loss to HLB relative to those in southwest Florida. These findings are useful in providing growers, stakeholders, researchers, and governmental agencies an industry-wide status of the progress and impact ofHLB.

Refer,ences Citrus Research and Education Center [ CREC]. 201 Sa. Greening or Huanglongbing (HLB) Worldwide. http;// www.crec.ifas.ufl.edu/ extension/ greening/history.shtml

Citrus Research and Education Center [CREC]. 2015b. Citrus Health Management Areas (CHMAs). http://www. crec.ifas. ufl.edu/ extension/ ch mas/ chma_oven-iew.shtml

United States Department of Agriculture, National Agricultural Statistics Service [USDA/NASS]. 2015. Florida Citrus Statistics 2013/14. http://"'ww.nass.usda.gov/Statistics_by _Stak/Florida/Publications/Citrus/fcs/2013-14/ fcsl314.pdf

3

Table 1. Responses to citrus industry survey, by region - -

(1) (2) (3) (4) (5) (6)

Region Surveys Average Number Total Average% Average% Average % Count Acres Acres Infected acres Infected Trees Yield Loss

Central 44 693 28,414 88 83 45

Central/SW 11 1,962 17,655 90 74 37

Southwest 21 5,818 110,545 92 77 33

Impact of Citrus Greening on Citrus Operations in Florida 4

fflim1 mw ....-~. 4 Hour Program Stream

the salt

PRODUCERS

Can A Tiny Wasp Save The Citrus Industry? May 18, 2016 · 1:56 PM ET

AMANDA SOLLIDAY

FROM KAWC ...L. . .

Guy Davies, an inspector of the Florida Division of Plant Industry, shows an orange that is showing signs of "citrus

greening." The disease is caused by a bacterium carried by the Asian citrus psyllid.

Joe Raed/e/Getty Images

Researchers in Arizona are fighting fire with fire. They're collecting new data on a

wasp that may help slow the spread of citrus greening, a plant disease that has

devastated millions of acres of citrus crops, particularly in Florida.

The disease is spread by the Asian citrus psyllid, which is no bigger than the head of a

pin. The psyllid feeds on citrus trees and carries in its gut the bacteria that cause

greening. Leaves become twisted and fruit becomes withered and unusable. Once a

tree is infected, there is no cure. Eventually, it dies.

The parasitic wasp, Tamarixia Radiata, is a predator of the Asian citrus psyllid. The

wasps are so tiny that scientists can ship 200 of them in a vial about the size of a photo

film canister.

Bobby Baker, a technician with the U.S. Department of Agriculture, looks for the Asian citrus psyllid on a lemon tree in

Yuma County, Ariz.

Amanda So/liday/KAWC

Bobby Baker, a technician with the U.S. Department of Agriculture (USDA), has been

receiving weekly shipments of the vials.

"They arrive in a cooler, and they're chilled ... so it keeps them dormant," Baker says.

The insects come from Pakistan. They are reared in a University of California

Riverside laboratory and sent to Baker. He and an Arizona Department of Agriculture

inspector release the wasps at sites in Yuma and Mohave counties.

"We're lucky because here in Yuma County ... we have not found the disease yet,"

Baker said.

The Asian citrus psyllid resides in parts of Arizona, but not the disease. Citrus

quarantines are in place in seven of the state's counties to prevent the spread of the

insect.

But greening has been discovered just next door in residential trees in California.

The disease has already wreaked havoc upon the $10 billion citrus industry in Florida,

where scientists are trying to produce greening-resistant trees through conventional

breeding. The problem is that these trees will require years of testing. So researchers

are scrambling to find short-term solutions.

Greg Simmons, a USDA entomologist, is the project leader tasked to find biological

control agents for the Asian citrus psyllid in California and Arizona.

THE SALT

How Long Can Florida's Citrus Industry Survive?

"It's a field ... we call classical biocontrol, where we try to establish a new agent in the

environment and sort of reunite a natural enemy with its pest species that it has

evolved to attack," Simmons said.

Tamarixia only attacks the Asian citrus psyllid, something known as host-specificity.

A parasitic wasp finds a host and lays eggs inside its body. When the eggs hatch, new

wasps emerge and kill the host as they exit.

The goal is for the wasps to remain in the environment as long as the Asian citrus

psyllid is around. The Arizona Department of Agriculture and USDA are monitoring

the entire state to find psyllids and respond to any new infestations.

"We think hot summers in the Yuma area probably limit the psyllid population a little

bit," Simmons says, but he adds that the pest can reproduce well in spring and fall,

and in cooler microclimates. This means the insect still poses a risk to the citrus

industry and backyard citrus in Arizona.

The experimental trees for the trials in Yuma County are all located in residential areas

- with permission from homeowners. And the wasps have already established

populations at other Arizona sites.

It's spring, and new tree growth attracts the psyllid.

"This would be an ideal place for them, right here," Baker said. "This new growth is

like perfect territory for them."

So far, there is feeding damage but no psyllids. Baker said the tiny wasps can spot their

prey better than we can.

h,Lzlnr-'", ,3 I Real Estate News

Small chance of home prices falling in South Florida, report says

s outh Florida homeowners have little to fear in the way of falling prices, new data show.

The likelihood of price declines in Palm Reach County in the next two years is 3 percent, according to a

report from Arch Mortgage Insurance Co., a private mortgage insurer based in Walnut Creek, Calif.

Broward and Miami-Dade counties and 22 other areas in Florida have a 2 percent chance of price

declines. The national average is 5 percent.

"I'm bullish," said Ralph DeFranco, chief economist for Arch. "I think it's a good time to buy. Interest

rates are low, so buyers should lock in while they can."

The Arch risk index analyzes median home prices from the Federal Housing Finance Agency while

factoring in regional unemployment rates, affordability, change in population, housing starts and

delinquent mortgages.

The South Florida housing market is strong, but sales and prices are starting to cool, analysts say.

Still, Brad Hunter, the Palm ncach County-based chief economist for the Metrostudy research firm, said

he isn't concerned about a market tumble.

"One could easily make a strong case that prices will keep moving up, albeit at a slower pace," he said. ''I

think it's a single-digit probability that we see a real decline in home prices."

Hunter added that even if FHFA median prices fall, that just might mean more lower- and mid-priced

homes are selling and not indicate values of all homes are on the decline.

Jack McCabe, an analyst in Deerfield Beach, said that's exactly what could happen. While a housing

slowdown will continue through 2016, he expects prices of luxury homes and condominiums to be most

affected. Strong demand and limited supply of homes in lower price ranges will continue to nudge

values of those properties higher, he said.

"This is not going to be a total market crash like it was last decade," McCabe said.

Ten-X, an online real estate marketplace in Irvine, Calif., released a report Thursday showing the top

real estate markets for the spring. Palm Beach County was fourth, while Broward was fifth. Miami-Dade

ranked 19.

Seattle was No. 1, while Portland, Ore., was second. Ten-X said it ranked markets based on home price

increases, affordability and future demand as a result of economic and demographic conditions.

"Florida, in general, seems to be doing really well," said Rick Sharga, executive vice president of Ten-X.

"Of the states that were hit hardest during the crash, Florida still has the most room to grow to get back

to peak housing prices."

While most housing forecasts are optimistic, there are concerns brewing.

Mortgage company Freddie Mac said last week that affordability is becoming more of an issue in South

Florida because wages aren't keeping pace with home prices. And earlier this year, Fitch Ratings said

homes in the tri-county region are overvalued.

Palm licach Comity homes are above value bys percent to 10 percent, according to Fitch, while Broward

properties are overvalued by 10 percent to 15 percent.

Fitch said Miami-Dade County was 15 percent to 20 percent above value, matching Phoenix, Riverside,

Calif., and San Francisco as the most overpriced regions among major metro areas nationwide.

[email protected], 561-243-6529 or Twitter @paulowers

This article is related to: Frnddie Mac

. Herald-Tribune • , ! • ~ . ·' , . l •

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DISTRESSED PROPERTIES

Sunshine State can't shake the No. 1

foreclosure spot By .l!.~1•Llf..irl ,:l!::r. Published: Mrmday, May 16, 2016 at 12:59 p.m.

Florida is still No. 1 - in foreclosures.

Mortgage lenders closed on 69,162 foreclosures in the state in the 12-month period ended in March, according to data provider CoreLogic.

The good news: That was down by 41,235 foreclosures, or 37 percent, when compared with 2015.

The bad news: The state accounted for nearly 15 percent of all the foreclosures nationwide in the past year.

The foreclosure rate in the Sarasota-Manatee region was 1.67 percent in March, the

most recent month measured. The foreclosure rate in Sarasota-Manatee peaked at 12.23 percent in June 2011, according to CoreLogic.

Florida's foreclosure inventory - the share of mortgaged homes in some stage of the

process - stood at 2.1 percent in March, the fourth-highest level in the U.S., CoreLogic said.

That was double the national rate of 1.1 percent, although Florida was down from 3.3 percent over the year.

Florida's serious delinquency rate - loans that are at least 90 days past due,

including foreclosures - was 4,9 percent in March. That decreased by a third over the year, but remained well ahead of the 3.1 percent U.S. rate.

"Delinquencies and foreclosure rates are now at pre-crash levels as the benefits of higher home prices, improving economic fundamentals and years of cautious

underwriting are being felt across the country," said Anand Nallathambi, president/CEO of CoreLogic.

"Longer term, as loans made since 2009 account for a larger share of outstanding debt, we anticipate that the serious delinquency rate will have further substantive declines," he said.

Nationwide, completed foreclosures have dropped by 15 percent and the foreclosure inventory is down by 23 percent.

Copyright© 2016 HeraldTribune.com -All rights reserved. Restricted use only.

~ampa Bay ~imes ·

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Florida breaks another touris,m record with 29.8 million visitors in ·first quarter By Alli Knothe, Times Staff Writer

Monday, May 16, 2016 1:08pm

Florida keeps on breaking tourism records. In the first quarter of 2016, Florida hosted a record 29.8 million tourists, continuing a run ofrecord-shattering tourism numbers for the state. The previous tourism record for the first quarter was set in 2015, when the state had 28.5 million visitors. The tourism numbers were announced by Gov. Rick Scott on Monday morning at the Clearwater Marine Aquarium. Scott, who visited Winter and the aquarium's other residents during his stop, said the industry is growing at a consistent 4 percent rate. 1he governor also announced a record of 1. 2

million people are working in the hospitality sector, up 3.8 percent from last year.

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Will robot cars drive traffic congestion off a cliff? Associated Press

Monday, May 16, 2016 7:36pm

WASHINGTON - Self-driving cars are expected to usher in a new era of mobility, safety and convenience. The problem, say transportation researchers, is that people will use them too much.

Experts foresee robot cars chauffeuring children to school, dance class and baseball practice. The disabled and elderly will have new mobility. Commuters will be able to work, sleep, eat or watch movies on the way to the office. People may stay home more because they can send their cars to do things like pick up groceries they've ordered online.

Researchers believe the number of miles driven will skyrocket. It's less certain whether that will mean a corresponding surge in traffic congestion, but it's a clear possibility.

Gary Silberg, an auto industry expert at accounting firm KPMG, compares it to the introduction of smartphones. "It will be indispensable to your life," he said. "It will be all sorts of things we can't even think of today."

Cars that can drive themselves under limited conditions are expected to be available within five to 10 years. Versions able to navigate under most conditions may take 10 to 20 years.

Vehicles traveled a record 3.1 trillion miles in the U.S. last year. Increased trips in autonomous cars by those 65 or older, as well as those ages 16 to 24, would boost miles traveled by an additional 2 trillion miles annually by 2050,

KPMG calculated. If self-driving cars without passengers start running errands, the increase could be double that.

And if people in their middle years, when driving is at its peak, also increase their travel, that yearly total could reach 8 trillion miles. "This could be massive," Silberg said.

Driverless cars are expected to make travel both safer and cheaper. With human error responsible for 90 percent of traffic accidents, they're expected to sharply reduce accidents, driving down the cost of insurance and repairs.

But the biggest cost of car travel is drivers' time, said Don MacKenzie, a University of Washington transportation researcher. That cost comes down dramatically when people can use their trav el time productively on other tasks.

"You are talking about a technology that promises to make travel safer, cheaper, more convenient. And when you do that, you'd better expect people are going to do more ofit," MacKenzie said.

There's a fork ahead in this driverless road, says a report by Lauren Isaac, manager of sustainable transportation at WSP /Parsons Brinckerhoff, that envisions either utopia or a nightmare.

In the best case, congestion is reduced because driverless cars and trucks are safer and can travel faster with reduced space between them. Highway lanes can be narrower because vehicles won't need as much margin for error. There will be fewer accidents to tie up traffic. But those advantages will be limited as long as driverless cars share roads with conventional cars, likely for decades.

But that scenario depends on a societal shift from private vehicle ownership to commercial fleets of driverless cars that can be quickly summoned with a phone app. Driverless fleets would have to become superefficient carpools, picking up and dropping off multiple passengers traveling in the same direction.

The congestion nightmare would result if a large share of people can't be persuaded to effectively share robot cars with strangers and to continue using mass transit, Isaac said.

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Smithsonian.com

Suburbia Gets No Respect, But It Could Become a Very Different Place

For starters, driverless cars would mean a lot less pavement

A model for how suburbs could one day be designed. The white objects on the left are delivery drones. (Image by Matthew Spremulli)

By Randy Rieland smithsonian.com May 12, 2016

For years now, Alan Berger has been hearing that the world's future lies in its cities, that they are the destinations of a great migration, the places where everyone, particularly millennials, want to live. By contrast, according to conventional thinking, suburbia is becoming a dead zone.

The problem, he says, is that it's not true.

In fact, notes Berger, a professor of landscape architecture and urban design at MIT, it's just the reverse. While urban areas are gaining population, the growth is in the suburbs, not downtown. As for millennials, Berger points out that census data shows more are leaving cities than moving into them.

"People who are saying everyone will live in the city in the future aren't reading the research," he says.

The impact of driverless cars

For his part, Berger takes suburbia very seriously, which, he admits, makes him an outlier in his field. ' 'People are astonished why I would even want to study suburbia," he acknowledges. "Urban planners do not study s uburbia. Architects absolutely have nothing to do with suburban research."

But he's convinced that it's the communities outside center cities that will be critical to s ustaining urban areas as they evolve in the decades ahead. And so Berger, as co-director of MIT's Center for Advanced Urbanis m (CAU), recently helped organize a conference at the university titled, "The Future of Suburbia." The meeting was the culmination of a two-year research project on how suburbs could be reinvented.

Speakers covered a wide range of subjects, from the important role suburban vegetation, including lawns, can play in reducing carbon dioxide levels, to suburbia's growing racial and age diversity, to technological advances that may help transform it.

One such technology is the autonomous car, which is what Berger talked about. A lot of media attention has been paid to the prospect of fleets of driverless vehicles constantly circulating on downtown streets, but he says the invention's greatest impact will be in the suburbs, which, after all, have largely been defined by how we use cars.

"It will be in suburb-to-suburb commuting," Berger says. "That's the majority of movement in our country. As more autonomous cars come online, you're going to see more and more suburbanization, not less. People will be driving farther to their jobs."

With truly autonomous vehicles still years away, no one can say with much certainty if they will result in people spending less time in cars. But Berger does foresee one big potential benefit-much less pavement. Based on the notion that there likely will be more car-sharing and less need for multiple lanes since vehicles could continuously loop on a single track, Berger believes the amount of pavement in a suburb of the future could be cut in half. You would no longer need huge shopping center parking lots, or even driveways and garages.

Not only would fewer paved surfaces increase the amount of space that could be used for carbon-storing trees and plants, but it also would allow more water to be absorbed and reduce the risk of flooding in cities downstream.

That kind of interdependence between suburbs and downtowns is at the heart of how Berger and others at the CAU see the future. Instead of bedroom communities of cul-de-sacs and shopping malls, the suburbs they've imagined would focus on using more of their space to sustain themselves and nearby urban centers-whether it's by providing energy through solar panel micro-grids or using more of the land to grow food and store water.

Their model of a future metropolitan area of 3 million people looks very different from what we've come to know. Rather than

have neighborhoods continuously spreading outward from a downtown core, it presents a. handful of dense clusters amid what Berger describes as a "big sea of suburban development that's much more horizontal than vertical." It would, he says, function as a "kind of holistic sustainable machine."

Taking suburbia seriously

It's a bold vision, one that's geared more to planning new suburbs around the world than transforming existing ones. But as hypothetical as this model may seem, it's a first step at giving suburbia its due while redefining its role.

"The reality is that the large majority of people want to live in suburbs," says Joel Kotkin, a fellow of urban studies at Chapman University in California and the author of The Human City: Urbanism for the Rest of Us. "People make these choices for all kinds ofreasons that urban theorists don't pay attention to. They'd rather live in a detached house than in an apartment building. Or they can't afford to live in the middle of a city. Or they're worried about where their kids will go to school."

Kotkin adds, "You hear people say that the suburbs are going to become more and more dense and that they're going to be for people who aren't quite smart enough to live in the center city. But most people don't want that kind of density. That's not why they moved there."

So, like Berger, he believes it's time to start rethinking what suburbia can be and to become more strategic about how it evolves. Together, they've co-edited a book of articles and research that sharpens the focus on that challenge. Titled Infinite Suburbia, it will be published next year.

Berger does concede that there are times he feels he's pushing a rock up a hill, given the common misconception that most of the world's population is flocking into cities. He says that's largely based on a United Nations report projecting that by 2050, 66 percent of the people on Earth will live in urban areas. The term "urban areas," he points out, has been widely misinterpreted as meaning cities.

"Certainly, the world's urbanizing, but it's urbanizing in a much different way than cities," he says. "It's urbanizing horizontally."

And that's why he keeps pushing the rock.

"I'm not that interested in figuring out how to add more houses to cities and squeezing more people into smaller square footages," he says. "I'm interested in what people seem to actually want and how to make that better."

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About Randy Rieland

Randy Rieland is a digital media strategist and contributing writer,_illlMiiiililliiilililliiiiii• •· ~ .. - ."-..··•'---•·•---.-iilii..., ________ ..

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