Minutes from the October 8, 2019 meeting

Future Land Use Map Amendment - Misty Creek Preserve - 1919 S. 35th Street (12 Parcels)

Mr. Creagan gave an overview of the application and answered questions from the Board on the anticipated timeframe of the planned development and designation of public transportation.

Lee Dobbins, applicant representative from the Dean Mead Law Firm, clarified that the applicant is not proposing additional transit stops and the feedback from the St. Lucie County traffic analysis is still being reviewed.

Conditional Use - The Manor Assisted Living Facility - 4201 S. 25th Street

Ms. Lewicka explained that the project was previously approved in 2018 for 32 units and the applicant is requesting an additional ten units. Ms. Lewicka said the footprint is shrinking slightly and the development is proposed in two phases. Ms. Lewicka answered questions from the Board on the traffic study and parking requirements.

No one spoke for or against the project.

Conditional Use - Wood Vacation Rental - 1123 Hernando Street

Mr. Creagan gave an overview of the application and answered questions from the Board on rental and handicap parking. Mr. Creagan explained that condition number six is being deleted because the wording is duplicated in condition number ten. Mr. Creagan stated the applicant is diligently working with the building official on the state ADA requirements. Mr. Creagan added that the conditions of approval are similar to the existing Conditional Use on the property, except for the required handicap parking space and the business tax license being required on all advertising.

Mr. Broderick provided the Board a VRBO advertisement for the Wood vacation rental on the Trip Advisor website that showed the home sleeps 8 with a 1 night minimum rental. Mr. Broderick stated the rental rules provided in the packet allow a maximum of 10 people, which is a violation of the current approved dwelling rental Conditional Use for over 31 days.  Mr. Broderick expressed concerns with relying on neighbors to police the neighborhood.

Tiffany Wood, owner, explained that reconfiguring of the parking spaces will be handled by her design engineer, and she only contracts with the Home Away website, and not the sister websites.  Ms. Wood stated she has had no complaints from her neighbors and there were advertising mistakes made on the vacation rental websites. Ms. Wood noted that the information in the packet is from her 2017 Conditional Use approval and the dimensions of the house have increased.

Board discussion ensued on increased occupants and parking.

Bill Piant, resident, spoke in opposition of the project and asked the Board if any vacation rentals have been approved for less than 31 days and if a motel is allowed in R4A zoning. Mr. Piant expressed concerns with the possibility of cars being parked in the front yard and the unmanageable enforcement.

Ms. Hofmeister stated that most of the vacation rentals that were not approved were in the R2 zoning classification. 

William Fearn, resident, spoke in opposition of the project.  Mr. Fearn said he has felt the negative impacts of the short term rentals in the area.  Mr. Fearn stated he likes the community the way it is and there is no need to make exceptions to the zoning rules.

Charlene Adair, resident, explained she is a volunteer researcher for the City of Fort Pierce Code Enforcement department, and she has been keeping data on short term rentals since 2015.  Ms. Adair highlighted that Vacation Rentals, VRBO and Home Away websites are one company and the ads are carbon copies of one another for those three websites. Ms. Adair stated that this address did not have a business tax receipt on record for 27 months and had been advertising for less than 31 days, which is a violation of the present Conditional Use on the property.  Ms. Adair expressed concerns with permitting and safety.  She said there is a difference from someone who rents one day compared to 30 days.  Ms. Adair highlighted the Conditional Use is supposed to enhance and protect the neighborhood, not have a negative impact.

Mr. Sweeney explained that processes are being put into place all over the state of Florida, due to the internet making it easy to advertise a vacation or short term rental.

Ms. Hofmeister stated that a corrected layout, parking plan and occupant load will need to be provided prior to the project going to City Commission.

Ms. Wood noted that Mr. Roseberry from the building department recommended she not move forward with the life safety plan until her application has been approved by City Commission.

Board discussion ensued on moving forward to the City Commission with the lack of difinitive information and accurate plans.

Mr. Sanders suggested the applicant to use conceptual planning because it is inexpensive and it can show how parking and the ADA requirements fit it.

Ms. Hofmesiter stated once an accurate layout is received the conditions can be revised prior to going to City Commission.

Mr. O'Connell said he is not in favor of the vacation rental because of the compatibility issue with the neighborhood, and both Code Enforcement and the Police department cannot control the parking issues.