Mar 08, 2021 Planning Board

[1. CALL TO ORDER]

[00:00:07]

>> WE'LL BRING THE PLANNING BOARD TO ORDER. WE'RE ENTERING INTO OUR MARCH 8TH, 2021, MEETING. I WOULD LIKE TO REMIND EVERYONE TO TURN OUR ELECTRONIC INSTRUMENTS OFF. AT LEAST DO WHAT I DID, KILL THE SOUND.

IF YOU WOULD STAND FOR PLEDGE OF OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, 1 NATION, UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL NA UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALLO N UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALLNE NATION, UNDER GOD, INDIVISIBLE,

WITH LIBERTY AND JUSTICE FOR ALL >> THANK YOU.

CALL THE ROLL, PLEASE. >> MR. BRODERICK. MS. CLEMMONS.

>> PRESENT. UNDERSTAND THAT MR. BURGES'S FATHER HAS BECOME VERY ILL AND MR. BURGE HAS BECOME VERY WELL. MR. BRODERICK'S MOTHER VERY RECENTLY PASSED AWAY.

HE IS DEALING WITH THAT. I WOULD LIKE TO KEEP BOTH IN OUR MINDS TODAY AND THEIR FAMILIES AS WELL. I THINK BOTH OF THOSE EXCUSES ARE MORE THAN ACCEPTABLE.

>> THAT'S CORRECT. >> I WOULD ENTERTAIN A MOTION FOR THE MINUTES.

[a. Minutes from the February 9, 2021 meeting]

>> MOVE APPROVAL. >> SECOND. >> WE HAVE A MOTION TO APPROVE

AND MOTION FOR SECOND. CALL THE ROLL, PLEASE. >> MR. ALBURY.

YES. >> MS. CLEMMONS. >> YES.

>> BEFORE I START ON THE AGENDA OF ORDER, I WOULD LIKE TO COMMENT THAT YESTERDAY WAS THE -- I BELIEVE THE 56TH ANNIVERSARY OF THE MARCH FROM SELMA, ALABAMA TO MONTGOMERY, PROBABLY ONE OF THE EARLY MARCHES IN THE CIVIL RIGHTS MOVEMENT.

I THINK WE'RE VERY FORTUNATE HERE IN FT. PIERCE THAT THROUGH THOSE ACTIVITIES LONG AGO, THAT OUR CITY EXPERIENCES THE UNITY WE TEND TO EXPERIENCE HERE WITH ALL RACES.

THE OTHER THING I WOULD LIKE TO MENTION IS IT'S INTERNATIONAL WOMEN'S DAY, WOMEN'S WEEK.

WOMEN'S DAY. AS YOU CAN SEE, WE ARE WELL REPRESENTED BY THE WOMEN IN THIS COMMUNITY. STARTING WITH OUR MAYOR. AND WE CAN START AT THE VERY TOP OF THE CHAIN OF COMMAND HERE IN CITY HALL WITH OUR MAYOR AND WORK RIGHT DOWN THROUGH VARIOUS DEPARTMENTS THAT ARE OPERATED AND CONTROLLED BY WOMEN.

WELCOME. AND OUR CITY ASSISTANT ATTORNEY SITTING OVER HERE, OUR BOARD AND OUR SECRETARY AND I GUESS CHIEF COOK AND BOTTLE WASHER OF THE PLANNING DEPARTMENT ITSELF.

SHE MAKES SURE EVERYTHING RUNS SMOOTHLY. SO HERE AT CITY HALL IN FT.

PIERCE, FLORIDA, WE'RE CERTAINLY REPRESENTED BY THE FEMALE POPULATION IN THIS TOWN.

I THINK VERY WELL REPRESENTED IN THAT. WE'LL MOVE FORWARD.

[a. Future Land Use Map Amendment - Project Hurricane - 2398 Peters Road]

[a. Rezoning - Project Hurricane - 2398 Peters Road]

PRESENTING. >> BEFORE YOU TODAY IS THE FUTURE LAND USE MAP AMENDMENT FOR TWO PROPERTIES LOCATED APPROXIMATELY AT 2398 PETERS ROAD.

THE PLANNING BOARD SAW THESE TWO REQUESTS AT THE LAST PLANNING BOARD MEETING.

AND THE ANNEXATION HAS BEEN FORWARDED TO THE CITY COMMISSION.

REQUESTING A CHANGE TO GC GENERAL COMMERCIAL. ZONING ON THE PROPERTIES WILL

[00:05:02]

STAFF RECOMMENDS APPROVAL OF BOTH REQUESTS, AS THEY ARE CONSISTENT WITH SURROUNDING FUTURE LAND USE AND ZONE, AND THEY DO NOT ADVERSELY AFFECT PUBLIC HEALTH, SAFETY, CONVENIENCE AND GENERAL WELFARE. I'M GOING TO STOP RIGHT HERE.

THE POSSIBLE ACTIONS ARE TO APPROVE OR DISAPPROVE THE PROPOSED FUTURE LAND USE MAP AMENDMENT. I'M AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE.

>> ANY QUESTIONS FOR MR. CRAIGON BY THE BOARD? NOT HEARING ANY.

I WILL MOVE TO THE PUBLIC PORTION OF THE MEETING. ANYONE SPEAKING IN FAVOR OF THIS? STATE YOUR NAME FOR THE RECORD PLEASE.

>> BRAD CURRY, REPRESENTING THE APPLICANT. STAFF DID AN EXCELLENT JOB PRESENTING. WE ARE MOVING FORWARD WITH THE DEVELOPMENT OF THIS SITE FOR NATIONAL RV SALES AND SERVICE COMPANY. THIS IS JUST ONE OF THE STEPS ALONG THE WAY. I'LL BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE.

>> ANY QUESTIONS OF THE APPLICANT BY THE BOARD? >> NOT HEARING ANY, THANK YOU VERY MUCH. NOT SEEING ANYONE, I WILL CLOSE THE PUBLIC PORTION OF THE MEETING, AND COME BACK TO THE BOARD. ANY COMMENTS ORR QUESTIONS?

NOT HEARING ANY. I WOULD ENTERTAIN A MOTION. >> MOVE APPROVAL FOR THE FUTURE

LAND USE MAP AMENDMENT. >> MOTION. >> CALL THE ROLL, PLEASE.

>> (ROLL CALL) >> MOVING ON. APPROVE TO A ZONING OF C3 GENERAL COMMERCIAL OR DISAPPROVE. AVAILABLE FOR ANY QUESTIONS YOU

MAY HAVE. >> THIS ITEM IS 7A, STRICTLY ON THE PLANNING BOARD.

ANY QUESTIONS BY THE BOARD? >> MR. CHAIR, WHAT IS THE STATUS OF THE SEWER AND WATER?

>> THAT WAS FOR THE PROPERTY ALONG KINGS HIGHWAY, THIS PROPERTY DOES HAVE ACCESS TO

SEWER AND WATER. >> THANK YOU. >> YOU'RE WELCOME.

CHAIRPERSON: ANY OTHER QUESTIONS? COMMENTS? I WILL OPEN THE PUBLIC PORTION OF THE MEETING. ANYONE DESIRING TO SPEAK IN FAVOR? ANYONE SPEAKING OPPOSED? NOT SEEING ANYONE.

I'LL CLOSE THE PUBLIC PORTION OF THE MEETING. COME BACK TO THE BOARD.

FURTHER COMMENTS OR QUESTIONS? NOT HEARING ANY, I WILL ENTERTAIN A MOTION.

>> MOVE APPROVAL. >> MOTION TO APPROVE BY MS. BAKER AND SECOND BY MS.

JOHNSON-SCOTT. YOU LADIES ARE BUSY. >> CALL THE ROLL, PLEASE.

>> (ROLL CALL) CHAIRPERSON: THE NEXT ITEM OF BUSINESS IS ITEM 7B, ANNEXATION

[b. Annexation - Machritchie RV Storage - 2192 Copenhaver Road]

BUT I WOULD LIKE FOR YOU TO DESCRIBE TO THE BOARD AND PUBLIC THAT MIGHT BE INTERESTED

ON HOW THIS ADDRESS COPENHAVER AND NOT PETERS ROAD. >> IT'S MY ASSESSMENT THAT IT HAS AN ADDRESS OF COPENHAVER ROAD, THIS PARCEL IS DIRECTLY NORTH OF THE PROPERTY THAT YOU JUST SAW. WE WILL SEE MORE ANNEXATIONS IN THE FUTURE FOR THE PROPERTY SURROUNDING THIS. THE FUTURE LAND USE CURRENTLY ON THE PROPERTY IS COUNTY RU, RESIDENTIAL URBAN. IT WILL BE OUR LR, LOW DENSITY RESIDENTIAL.

ONCE ANNEXED IT WILL BE GIVEN OUR COMPATIBLE DESIGNATION OF E2.

THE ANNEXATION MEETS THE STANDARDS OF THE CITY'S COMPREHENSIVE POLICY PLANS.

PLANNING AND STAFF RECOMMENDS THAT THE PLANNING BOARD FORWARD IF RECOMMENDATION OF APPROVAL TO THE CITY COMMISSION. POSSIBLE ACTIONS ARE TO RECOMMEND APPROVAL OR RECOMMEND

[00:10:04]

THANK YOU. CHAIRPERSON: DOES THE BOARD HAVE QUESTIONS OF MR. CRAIGON? NOT HEARING ANY, I WILL MOVE TO THE PUBLIC PORTION OF THE MEETING.

ANYONE HERE SPEAK IN FAVOR OF THIS PROJECT? >> FOR THE RECORD, I'M LEE DOBBINS, REPRESENTING THE APPLICANT. JUST WANT TO THANK STAFF FOR THEIR WORK ON THIS. THANK MR. CRAIGON IN PARTICULAR FOR WORKING TO GET THE STAFF REPORT DONE AND GET US ON THIS AGENDA. THE CLIENT WAS VERY APPRECIATIVE OF SAVING 30 DAYS, BUT NOT BEING BUMPED TO THE NEXT P&Z BOARD MEETING.

JUST AVAILABLE FOR ANY QUESTIONS. CHAIRPERSON: I WOULD LIKE TO ASK YOU A QUESTION. I GUESS I AM GOING TO BEAT THIS HORSE A LITTLE BIT.

THIS PROPERTY IS AN COPENHAVER ROAD, HOWEVER THE PROPERTY TO THE NORTH IS PETERS ROAD.

THE STREET SIGNS SAY PETERS ROAD? CAN YOU BRING ANY MORE LIGHT TO

THIS THAN MR. CRAIGON DID? >> I'M AFRAID NOT. I HAVE NO IDEA.

CHAIRPERSON: WELL, I'M NOT GOING TO BEAT IT ANYMORE. IF YOU DON'T HAVE AN ANSWER, I

DON'T GUESS WE'VE GOT AN ANSWER. >> CAN'T SHED ANY LIGHT FOR YOU. CHAIRPERSON: THERE ARE A LOT OF STRANGE THINGS THAT COME UP, PARTICULARLY WHEN YOU MOVE OUT INTO THE OUTER AREAS. OKAY.

ANY OTHER QUESTIONS FOR MR. DOBBINS. >> I HAVE A QUESTION.

THE PROPOSED CITY, THE PROPOSED NEW ZONING IS LOW DENSITY RESIDENTIAL.

HOW ARE YOU GOING TO HAVE AN RV STORAGE FACILITY IN LOW DENSITY RESIDENTIAL?

>> THAT WOULD BE A PROBLEM. SO THE PROCESS, AS I'M SURE YOU KNOW, PROPERTY'S ANNEXED, WILL BRING IT IN UNDER AN EQUIVALENT LAND USE AND ZONING UNDER YOUR CODE AS PER WHAT IT WAS UNDER THE COUNTY CODE. THAT IS ALL THIS IS. THEY'RE GOING TO BE COMING FORWARD VERY SOON WITH THE LAND USE AMENDMENT, ZONING CHANGE, SITE PLAN APPROVAL.

I BELIEVE IT'S ALSO A CONDITIONAL USE APPROVAL REQUIRED WITH THIS.

SEVERAL APPLICATIONS I WILL BE COMING FORWARD ON. PART OF THE REASON WHY THEY WANTED TO GET THIS ANNEXATION IN AND IN THE PROCESS. OBVIOUSLY THESE THINGS ALL TAKE TIME. PARTICULARLY THE LAND USE AMENDMENT, WHICH AS YOU KNOW IS TWO READINGS, HAS TO GET TRANSMITTED TO THE STATE OF FLORIDA.

SO THEY'RE LOOKING AT AN OVERALL APPROVAL TIME FRAME, IN THE IN ORDER OF NINE TO 11 MONTHS. AND THEY WANT TO GET MOVING FORWARD AS QUICKLY AS POSSIBLE.

SO YES. THERE WILL BE A NUMBER OF APPLICATIONS COMING IN PROBABLY

LATER THIS MONTH. >> THANK YOU. CHAIRPERSON: WE WILL BE BUSY WITH THIS FOR A WHILE YET. ANY OTHER QUESTIONS, COMMENTS? NOT HEARING ANY, THANK YOU VERY

MUCH. >> THANK YOU. CHAIRPERSON: I APPRECIATE ALL

OF THE WORK YOU DO, BRINGING PROJECTS FORWARD TO THE CITY. >> ABSOLUTELY.

WE APPRECIATE THE GOOD WORKING RELATIONSHIP WITH YOUR STAFF AND I CAN TELL YOU, I'VE GOTTEN E-MAILS FROM BRANDON AT LIKE 10 O'CLOCK AT NIGHT SOMETIMES. I THINK I GOT ONE ON A FRIDAY NIGHT ONE TIME. SO YOU'VE GOT A GREAT STAFF. AND JUST APPRECIATE THEIR HELP.

CHAIRPERSON: WE'RE FORTUNATE HERE IN THE CITY THAT OUR CITY EMPLOYEES ARE VERY DEDICATED, AND PARTICULARLY THE PLANNING STAFF. THEY DO A PHENOMENAL JOB.

>> THANK YOU. CHAIRPERSON: THANK YOU, SIR. ANYONE ELSE SPEAKING TO THIS PROJECT, PLEASE COME FORWARD. SPEAKING OPPOSED? NOT SEEING ANYONE, I'LL CLOSE THE PUBLIC PORTION OF THE MEETING. COME BACK TO THE BOARD.

ANY FURTHER COMMENTS OR QUESTIONS? NOT HEARING ANY, I WILL

ENTERTAIN A MOTION. >> MR. CHAIR, MOVE FOR APPROVAL.

>> SECOND. CHAIRPERSON: JOHNSON-SCOTT MOVED FOR APPROVAL.

MS. CLEMMONS, SECOND. CALL THE ROLL, PLEASE. >> (ROLL CALL) CHAIRPERSON: THANK YOU, SIR. THE NEXT ITEM OF BUSINESS IS 7C, MOVING RIGHT ALONG HERE.

[c. Conditional Use - Dwelling Rental -1801 Plover Avenue]

AND I'M READY FOR YOU. >> GOOD AFTERNOON, MR. CHAIRMAN, REBECCA GUERRA,

[00:15:05]

THE ADDRESS IS OFF PLOVER, THUS THE 1801 REFERENCE. HERE IS A LOCATION MAP THAT SHOWS EXACTLY WHAT I WAS TALKING ABOUT, INTERSECTION OF WALNUT AND PLOVER.

AS YOU CAN SEE, THE FUTURE LAND USE OF THE ENTIRE AREA IS LOW DENSITY RESIDENTIAL, WITH A MIX OF R1 AND R2 ZONING. THE ENTIRE BLOCK AND EVERYTHING TO THE SOUTH IS IN FACT, R2.

YOU'LL HAVE R1 TO THE WEST AND SOME R4A CLOSER TO SOUTH OCEAN DRIVE.

CITY STAFF IS RECOMMENDING APPROVAL OF THIS CONDITIONAL USE, WITH TWO MAIN REFERENCES, THAT IS THE ORDINANCE K112, WHICH WAS PASSED IN 2001, WHICH ESTABLISHES DWELLING RENTALS AS CONDITIONAL USES. HERE ARE THE PROVISIONS FOR WHICH IT CAN BE APPROVED ULTIMATELY BY CITY COMMISSION. SECONDLY, WE ARE RESTRICTED BY FLORIDA REGISTRATION PASSED IN 2011, WHICH SAYS THAT ANY NEW LOCAL LAW PASSED AFTER 2011, ORDINANCE REGULATION MAY NOT REGULATE THE FREQUENCY OF RENTALS. OUR ORDINANCE WAS PASSED PRIOR TO 2011, SO WHAT YOU SEE TODAY IS WHAT STANDS. STAFF RECOMMENDS APPROVAL OF THIS CONDITIONAL USE BASED ON FIVE CONDITIONS OF APPROVAL. THESE ARE THE SAME FIVE CONDITIONS OF APPROVAL THAT YOU HAVE SEEN PREVIOUSLY FOR OTHER CONDITIONAL USES OF THIS TIME.

AND YOU WILL CONTINUE TO SEE UNTIL AND IF CITY COMMISSION MAKES ANY CHANGES.

REQUIRE THE PROPERTY MANAGER TO RESIDE IN ST. LUCIE COUNTY AND REGISTER WITHIN THE CITY OF FT.

PIERCE. REQUIRES A ST. LUCIE COUNTY TAX LICENSES.

PLACES A LIMIT ON NO MORE THAN TWO VEHICLES PER UNIT. REQUIRES THAT THE FT. PIERCE LICENSE. ALL FIVE ARE NOT REQUIRED TO BE COMPLETED NOW, INSTEAD AT THE TIME OF BUSINESS TAX RECEIPT, OR ANY STIPULATION HERE THAT WOULD EXTEND THAT TIME PERIOD.

ALL OF THESE CONDITIONS OF APPROVAL CAN BE PENDING UNTIL SUCH TIME THAT THEY'RE READY TO OFFICIALLY OPERATE. AND MAY NOT OPERATE UNTIL THE CONDITIONS OF APPROVAL ARE SATISFIED. CHAIRPERSON: MAKE A STATEMENT HERE.

WHILE I DO THAT, MS. GUERRA, CAN WE PULL UP THE CONDITIONAL USE ORDINANCE SPELLING OUT WHAT

IS REQUIRED IN A CONDITIONAL USE? >> THAT IS THIS.

CHAIRPERSON: THAT IS THIS? >> THE TOP PART. THIS IS IN THE ENTIRETY?

>> YES, SIR. CHAIRPERSON: VERY GOOD. OKAY.

I WOULD LIKE TO CAUTION THE BOARD THAT THE ONLY THING THAT WE'RE DOING HERE TODAY IS LOOKING AT THIS APPLICATION BASED ON CONDITIONAL USE. IT ALREADY MEETS THE NECESSARY REQUIREMENTS OF OUR SHORT-TERM RENTAL ORDINANCE. AND I BELIEVE THAT IT ALREADY MEETS THE REQUIREMENTS OF THE FLORIDA STATUTES. IS THAT CORRECT?

>> WHAT I CAN TELL YOU IS THAT IT MEETS THE MINIMUM, STAFF BELIEVES, AND WHY WE'RE RECOMMENDING APPROVAL IS BECAUSE IT MEETS THE MINIMUM STANDARDS REQUIRED THROUGH K11, SECTION 125 OF OUR ORDINANCE. WE DO NOT VIOLATE STATE STATUTE.

WHAT WAS CREATED AND PASSED IN 2011, WE DON'T VIOLATE THAT. CHAIRPERSON: OKAY.

SO IT PASSES THE LITMUS TEST IN OUR ORDINANCE, WHICH ALSO THEN PASSES THE LITMUS TEST OF THE STATE ORDINANCE, WE CAN AGREE ON THAT. SO WE'RE LOOKING AT THIS PARTICULAR CHAPTER. WE CAN'T LOOK AT WHETHER OR NOT A MORTGAGE IS CONDUCIVE TO BEING ABLE TO RENT. THAT IS NOT SOMETHING THAT WE CAN DO.

WE CANNOT LOOK ATTACKS RECORDS NECESSARILY. WE CAN'T GET INVOLVED IN BEING CONCERNED ABOUT DEEDS AND TITLES OTHER THAN ONE EXISTS. AND IT HAS BEEN DEMONSTRATED BY THE PROPERTY OWNER THAT IT DOES EXIST, IT IS NOW, AS I UNDERSTAND IT, BEEN FILED WITH

[00:20:05]

THE COUNTY. >> THERE IS A DEED FOR THE SALE OF THE PROPERTY.

IT HAS NOW BEEN FILED WITH THE CLERK OF COURT AND A COPY HAS BEEN PROVIDED TO ST. LUCIE COUNTY PROPERTY APPRAISER DISTRICT. CHAIRPERSON: ALL THE LEGAL REQUIREMENTS ARE DONE. LET'S BE CAREFUL HOW WE MOVE FORWARD ON THIS.

LAST MONTH WE HAD A CONDITIONAL USE COME BEFORE US. I GAVE A LITTLE LATITUDE ONLY BECAUSE THE TESTIMONY OF THE APPLICANT WAS VERY SKETCHY. SO I GAVE A LITTLE BIT MORE LATITUDE TO THE BOARD IN THE MOTION. AND WE MADE A MOTION THAT HAS CARRIED AND IT'S GONE ON TO THE CITY COMMISSION AND THEY'LL HAVE TO FILTER THAT OUT, HOW THEY CHOOSE. BUT I'M BRINGING THIS UP TODAY BECAUSE I WOULD LIKE TO BE CERTAIN THAT WE'RE VERY CAREFUL ABOUT HOW WE MOVE FORWARD HERE. AND SO LET'S DO SO.

ANY QUESTIONS FOR MS. GUERRA? >> IF I CAN FINISH. I APOLOGIZE.

THREE POSSIBLE ACTIONS THAT THIS BOARD CAN TAKE. YOU MAY RECOMMEND APPROVAL OF THE CONDITIONAL USE, SUBJECT TO THE FIVE CONDITIONS THAT STAFF IS RECOMMENDING WITH NO CHANGES. YOU MAY RECOMMEND APPROVE WITH CHANGES TO THE CONDITION.

OR OF COURSE, YOU MAY DISAPPROVE THE CONDITIONAL USE. THIS CONCLUDES MY PRESENTATION.

CHAIRPERSON: I'M SORRY, I CUT YOU OFF. I'M NOT ALLOWED TO DO THAT.

>> I'M SORRY BOARD MEMBER BAKER. >>PROFESSOR: SEE, YOU WERE SUPPOSED TO JUMP IN THERE AND KEEP ME STRAIGHT. ALL RIGHT.

ANY QUESTIONS FOR MS. GUERRA? >> YES, SIR. IS THIS APPLICANT THE SAME APPLICANT THAT PREVIOUSLY REQUESTED AT OCEAN DRIVE? AND THAT WAS WITHDRAWN.

>> I HAVE NO KNOWLEDGE. PERHAPS THE DIRECTOR DOES. >> SAME APPLICANT, DIFFERENT

PROPERTY. >> MY SECOND QUESTION IS, I UNDERSTAND WHAT THE ORDINANCE SAYS. I UNDERSTAND WHAT THE -- WHAT THE STAFF REPORT SAYS.

WHAT I NEED TO KNOW IS WHAT IS YOUR CRITERIA FOR DETERMINING THAT A DWELLING RENTAL IS APPROPRIATE WITHOUT RESTRICTIONS IN ANY NEIGHBORHOOD? DO YOU HAVE A CHECKLIST? DO YOU HAVE SOME GUIDE OF SOME KIND TO MAKE THAT

DETERMINATION? >> SO WHAT WE HAVE FOR THIS PARTICULAR REQUEST, WHICH IS A CONDITIONAL USE, IT'S GERMANE TO ANY CONDITIONAL USE BEING REQUESTED IN THE CITY, REGARDLESS WHETHER IT'S FOR STR OR A CHURCH OR A SCHOOL. GIVEN THE VERBIAGE THAT YOU HAVE IN FRONT OF YOU, THERE IS NO CHECKLIST WITHIN THE CODE OF ORDINANCES, BUT WHAT IT DOES STATE IS THAT IT CAN BE ALLOWED WITHOUT RESTRICTION, THROUGHOUT A PARTICULAR ZONING DISTRICT.

BUT WHICH IF CONTROLLED, AS TO NUMBER, AREA, LOCATION, RELATION TO THE NEIGHBORHOOD, IT WOULD NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, COMFORT, GOOD ORDER, APPEARANCE, CONVENIENCE AND THE GENERAL WELFARE. THOSE ARE THE STANDARDS WHICH THE CODE LAYS OUT. WE AS STAFF, YOU AS THE PLANNING BOARD AND ULTIMATELY THE CITY COMMISSION, HAVE THE ABILITY TO PUT RESTRICTIONS. WE LIST AS CONDITIONS OF APPROVAL. WHICH WOULD FURTHER STIPULATE HOW THAT CONDITIONAL USE COULD OPERATE AND CONTINUE TO OPERATE WITHIN THE CITY. THERE ARE ALSO THE BASIS BY WHICH A CONDITIONAL USE MAY BE REMOVED FROM A PROPERTY IF THOSE CONDITIONS OF APPROVAL

ARE NOT SATISFIED. >> EXCUSE ME, BUT I REALLY DON'T UNDERSTAND -- MAYBE I MISPHRASED THE QUESTION. I UNDERSTAND WHAT THE CRITERIA IS.

BUT IN YOUR STAFF REPORT, YOU'RE SAYING THAT THIS MEETS THE REQUIREMENTS OF K-114, IN THAT YOUR STAFF REPORT IT SAYS IT DOES NOT ADVERSELY AFFECT THE PUBLIC HEALTH SAFETY, GOOD ORDINANCE. HOW DO YOU DETERMINE THAT A PROPERTY DOES NOT VIOLATE THE

ORDINANCE? >> WE TAKE THE COMMENTS GENERATED BOTH THROUGH A

[00:25:01]

SO WE GET COMMENTS FROM THE MAJOR CITY STAFF AND COUNTY STAFF, WHICH LET US KNOW IF THERE ARE ANY PREVIOUS CODE ENFORCEMENT VIOLATIONS, ANY BUILDING DEPARTMENT ISSUES, ANY FIRE ISSUES, IF ENGINEERING HAS ANY ISSUES. SO WE LOOK AT ANY VIOLATIONS TAKING PLACE. OR ANY SUBSTANTIVE EVIDENCE THAT WE COULD FIND WHICH WOULD POINT TO ANY OF THESE FACTORS BEING VIOLATED OR NOT MET. ABSENT ANY EVIDENCE BEING PRESENTED TO US, SUBSTANTIATED BEING PRESENTED TO US THAT IT WOULD VIOLATE ANY OF THESE STANDARDS, IT WOULD THEREFORE MEET THE MINIMUM STANDARDS REQUIRED BY CODE.

AND THEREFORE, WE HAVE OUR CONDITIONS -- RECOMMENDATIONS AND THEN OUR CONDITIONS OF APPROVAL ARE MEANT TO SAFEGUARD ANY POTENTIAL ADVERSE EFFECTS OR TO REITERATE, IF YOU WILL, ANY REQUIREMENTS WHICH WERE ALREADY IN PLACE, THAT IS THE REGISTRATION WITH THE STATE, HAVING TO OBTAIN ANY BUSINESS TAX RECEIPTS FROM THE COUNTY AND FROM THE CITY.

>> SO WHAT WOULD YOU CONSIDER AS A PLANNING DEPARTMENT SUBSTANTIATION OF SAFETY, COMFORT, GOOD ORDER, APPEARANCE, CONVENIENCE AND GENERAL WELFARE?

>> SO OUR STANDARDS FOR REVIEW, AS STAFF ARE ANY INFORMATION OR DATA OR EVIDENCE BEING PRESENTED TO US, WHICH WOULD PRODUCE EVIDENCE SUBSTANTIATED, SOMETHING PHYSICALLY OCCURRED ON THE SITE, DOCUMENTED, THAT WOULD DEMONSTRATE THAT ANY OF THE PARTICULARS, ANY OF THESE INSTANCES, THE PUBLIC HEALTH, SAFETY, COMFORT, HAVE BEEN -- HAVE NOT BEEN MET.

>> THANK YOU. >> I'M SORRY. AND WE HAVE NOT RECEIVED THAT

AS OF YET. >> AS OF YET? >> YES, MA'AM.

>> THANK YOU. CHAIRPERSON: ANY OTHER QUESTIONS, COMMENTS?

>> YES. CHAIRPERSON: WE'LL HAVE ORDER, PLEASE.

MS. JOHNSON-SCOTT. >> I HAVE TWO QUESTIONS. FIRST OF ALL, ARE THERE OTHER VACATION RENTALS OR RENTAL DWELLINGS IN THIS IMMEDIATE NEIGHBORHOOD?

>> THE ANSWER IS NO, MA'AM, NOTHING WITHIN THIS BLOCK. >> NOT WITHIN THIS BLOCK.

>> YES, MA'AM. >> SECONDLY, IN THE VERBIAGE THAT WAS SENT OUT TO US, UNDER FUTURE USE, THERE IS A LITTLE PHRASE THERE THAT SAYS THAT BY ALLOWING THIS, THERE IS A COMMERCIAL BENEFIT TO THE COMMUNITY. SO I WOULD JUST LIKE TO KNOW HOW DOES ALLOWING THIS COMMERCIAL USE SERVE THE IMMEDIATE NEIGHBORHOOD.

>> SO THAT STATEMENT THAT IS LISTED GENERALLY REFERENCES THE FACT THAT A BTR, BUSINESS TAX RECEIPT IS REQUIRED. THIS OPERATES ESSENTIALLY AS A BUSINESS BY ALLOWING IT TO BE RENTED TO FOLKS. AND NOT A DISSIMILAR MANNER AS ANY HOME WHICH IS PURCHASED AS AN INVESTMENT PROPERTY. IT JUST SO HAPPENS THAT ACCORDING TO OUR RULES, AND BY THE WAY THAT THE STATE FUNCTIONS WITH THEIR LICENSING, ANYTHING ABOVE A CERTAIN AMOUNT DOESN'T REQUIRE THAT TYPE OF LICENSING. IT DOESN'T MAKE IT LESS OF A BUSINESS. BUT IT DOESN'T REQUIRE LICENSING.

THAT REFERENCE IS MORE ALONG THE FACT THAT THIS OPERATES AS A BUSINESS.

HOME THAT WAS PURCHASED AS AN INVESTMENT, SORRY, WITH THE INTENT TO OPERATE AS A BUSINESS FOR PROFIT. SO THAT IS A REFERENCE TO THAT COMMERCIAL ASPECT OF THAT

RATIONALE OR REASONING FOR THE PURCHASE OF THE PROPERTY. >> BUT IT REALLY DOES NOT EXPLAIN HOW THIS BENEFITS THAT NEIGHBORHOOD. IT BENEFITS THE PROPERTY OWNER, AS I UNDERSTAND IT. BUT THERE IS NOT ANOTHER RENTAL OF THIS NATURE IN THAT

PARTICULAR NEIGHBORHOOD PER SE. >> THEY HAVE MORE OF A VESTED INTEREST IN KEEPING THAT PROPERTY UP-TO-DATE AND MORE WELL KEPT. IF SOMEONE FEELS SAFE OR DOESN'T FEEL SAFE OR IF THEY DON'T FEEL LIKE IT'S A WELL KEPT AREA OR WELL KEPT HOME,

[00:30:02]

SO THAT IS -- COULD BE A BENEFIT AGAIN, THAT I WOULD SUGGEST WOULD BE OF BENEFIT TO THE AREA, IS THAT. CHAIRPERSON: I'LL ADD TO THAT. I'M NOT MAKING A STATEMENT HERE FOR OR AGAINST THIS APPLICATION. BUT I THINK THAT OUR EXPERIENCE HERE IN FT. PIERCE WITH CONDITIONAL USE RENTAL DWELLINGS, THAT WE HAVE SEEN IMPROVEMENTS ON ALMOST ALL OF THEM, IN APPEARANCE, THE CONDITION OF THE PROPERTY, NOT TO ARGUE WHETHER OR NOT IT'S GOOD FOR A LOCAL NEIGHBORHOOD. I'M JUST REFERRING TO BUILDING

ON WHAT MS. GUERRA HAD JUST STATED REGARDING YOUR QUESTION. >> I'M SURE, MA'AM, IF YOU POSE THAT SAME QUESTION TO THE APPLICANT, THEY'RE GOING TO BE MUCH MORE PREPARED TO TELL YOU WHAT IF ANY, IMPROVEMENTS HAVE BEEN DONE. I KNOW THAT THERE HAVE BEEN IMPROVEMENTS DONE ON THE PROPERTY. I DON'T HAVE THE KNOWLEDGE BASE TO BE ABLE TO TELL YOU EXACTLY WHAT TYPE OF INVESTMENTS HAVE BEEN MADE ON THE RESIDENCE.

>> I DID DRIVE BY THE PROPERTY AND I COULD NOT DETERMINE THAT ANY RECENT IMPROVEMENTS HAVE BEEN DONE. SO I GUESS WE NEED TO HEAR FROM THE NEIGHBORS.

CHAIRPERSON: ANYTHING ELSE FROM THE BOARD? ARE YOU READY TO ASK A

QUESTION? PLEASE DO. >> NO. I DEFINITELY WOULD LIKE TO ADD ON TO THE FACT THAT BEING THAT I UBER PEOPLE AROUND, A LOT OF PEOPLE ARE SNOWBIRDS, PEOPLE COME TO FT. PIERCE LOOKING FOR AN EXPERIENCE.

AND TO BE ABLE TO LIVE IN SUCH A GREAT NEIGHBORHOOD, WHERE OTHER PEOPLE KNOW EACH OTHER, LIKE THIS, IT JUST ADDS ANOTHER, NOT ONLY PERSON WHO IS JUST DWELLING HERE FOR THE WINTER, BUT IT ADDS ANOTHER PERSON WHO EVENTUALLY WANTS TO MOVE BACK DOWN HERE.

AND FIND A PLACE IN HUTCHINSON ISLAND OR FIND A PLACE IN FT. PI PIERCE, SOMEWHERE WHERE THEY KNOW WHERE THE NEIGHBORHOOD THAT THEY'RE GOING TO BE LIVING IN IS SOMEWHERE SAFE, SOMEWHERE WHERE THE NEIGHBORS ARE GOING TO REPORT SUSPICIOUS ACTIVITY.

IS GOING TO BE WATCHING THEIR HOUSE WHEN THEY'RE NOT THERE. YOU KNOW, SO NOT TO TAKE SIDES OR ANYTHING, BUT THERE ARE SOME PLUSES, IF YOU LOOK BEYOND WHO IS THE INVESTOR.

CHAIRPERSON: ANYTHING ELSE? SEEING NOTHING, I WILL OPEN THE PUBLIC PORTION OF THE MEETING.

IS THE APPLICANT HERE? PLEASE STEP FORWARD. GLAD TO SEE YOU HERE.

ALWAYS GOOD WHEN WE HAVE APPLICANTS PRESENT. THERE HAVE BEEN TIMES, PARTICULARLY IN THESE REQUESTS THAT THE APPLICANT DIDN'T SEEM FIT TO COME.

IT ALWAYS DISTURBS ME WHEN THEY DON'T. IT'S GOOD TO SEE YOU HERE.

WOULD YOU PLEASE STATE YOUR NAME AND SIGN IN. >> YES.

MY NAME IS JONATHAN JOSEPH. CHAIRPERSON: TWO FIRST NAMES. >> YES.

CHAIRPERSON: WHAT CAN YOU ADD? >> I PURCHASED THE HOUSE. I CLOSED ON THE HOUSE ON JANUARY 14TH. I CAN SEE A NUMBER OF MY NEIGHBORS THAT ARE HERE AND I THINK ARE VERY CONCERNED ABOUT MY INTENTIONS AND I WANTED TO COME TO TRY TO ALLEVIATE ANY QUESTIONS OR -- CHAIRPERSON: ADDRESS THE BOARD.

>> I'M SORRY. ANY QUESTIONS OR CONCERNS THAT MY NEIGHBORS HAVE.

I'M WILLING TO TAKE ANY QUESTIONS OR ANSWER ANY OF YOUR QUESTIONS REGARDING THE HOUSE.

AS FAR AS IMPROVEMENTS, THE MAJORITY OF THE IMPROVEMENTS HAVE BEEN DONE INSIDE THE HOUSE. WHEN I PURCHASED THE HOUSE FROM THE PREVIOUS OWNER, I THINK HER HUSBAND HAD PASSED AWAY I THINK IN OCTOBER, IT WAS A BIT OF A SURPRISE.

[00:35:01]

SO I'VE BASICALLY RENOVATED THE MAJORITY OF THE INSIDE. PAINTED THE KITCHEN.

PAINTED THE ENTIRE HOUSE. WORK IN THE BATHROOMS. THAT TYPE OF THING.

CHAIRPERSON: HOW MANY PROPERTIES DO YOU HAVE THAT YOU'RE USING FOR VACATION

RENTALS, SIR? >> NOT INCLUDING THIS ONE, TWO. CHAIRPERSON: YOU NOW HAVE A

TOTAL OF THREE IF THIS WERE TO PASS? >> YES.

WELL, YES. THIS WOULD BE THE FOURTH. I SOLD ONE IN AUGUST OF LAST YEAR. WHICH I USED THE MONEY FROM THAT TO REINVEST IN THIS PROPERTY. AND I'M JUST TRYING TO UPGRADE MY PORTFOLIO.

CHAIRPERSON: CERTAINLY. OKAY. ANY QUESTIONS FOR THE

APPLICANT, FROM THE BOARD? >> YES. THE SAME QUESTION.

HOW DOES THIS COMMERCIAL USE SERVE THE COMMUNITY, THAT IMMEDIATE COMMUNITY, WHAT

BENEFIT IS IT TO THE COMMUNITY? >> CERTAINLY, IT BRINGS TOURIST DOLLARS TO THE COMMUNITY.

ALL OF MY PLACES KIND OF OPERATE AT GENERALLY 80 PERCENT OCCUPANCY.

THE PEOPLE THAT COME, I HAVE A MINIMUM REQUIREMENT THAT SOMEONE IS AT LEAST 25 YEARS OF AGE, BUT THE MAJORITY OF MY GUESTS AND CLIENTS THAT COME ARE OVER 40.

AND THEY HAVE CHILDREN, PEOPLE WITH FAMILIES COMING DOWN FROM EITHER OTHER PARTS OF THE STATE R OTHER PARTS OF THE COUNTRY. SINCE COVID, YOU KNOW, NO ONE IS TRAVELLING INTERNATIONALLY NOW. SO I DON'T HAVE ANY INTERNATIONAL GUESTS. ALTHOUGH I HAVE HAD A NUMBER AT MY OTHER PROPERTIES PRIOR TO

COVID. DOES THAT ANSWER YOUR QUESTION? >> I HAVE TO ACCEPT YOUR EXPLANATION. I'M JUST GOING TO START RIGHT NOW.

ACCEPT YOUR EXPLANATION. MS. CLEMMONS. >> YES.

HOW LONG DO YOUR TENANTS USUALLY STAY AT THE RENTALS. >> THAT VARIES.

I CAN TELL YOU THAT I TRY NOT TO HAVE TENANTS STAYING LONGER THAN 28 DAYS, DUE TO THE LAWS THAT SURROUND TENANCIES. I WOULD THINK THAT AT THIS PARTICULAR PROPERTY, THE MAJORITY OF PEOPLE THAT WOULD COME WOULD BE BETWEEN FIVE AND SEVEN DAYS.

THE OTHER THING THAT I THINK THAT I WOULD LIKE YOU ALL TO UNDERSTAND AND MY NEIGHBORS TO UNDERSTAND ALSO, REGARDING YOU KNOW, DISRUPTIVE GUESTS AND ILLEGAL ACTIVITIES, FOR ME, ONE OF THE THINGS THAT I HAVE IN MY HOUSE RULES THAT EVERYONE, ANYONE WHO RENTS ONE OF MY PROPERTIES HAS TO AGREE TO A CERTAIN SET OF CONDITIONS ON BEHAVIOR, THE NUMBER OF PEOPLE ALLOWED IN THE PROPERTY. AND ILLEGAL ACTIVITY. SO IF THERE ARE ANY DISRUPTIVE GUESTS OR ANYONE DOING ANYTHING THAT DOES NOT COMPLY WITH LOCAL LAWS, THEY WILL BE EVICTED FROM THE PROPERTY WITH NO REFUND. I WOULD WELCOME MY NEIGHBORS TO INFORM ME IF THEY NOTICE SOMETHING HAPPENING. BECAUSE I HAVEN'T LIVED THERE VERY LONG.

FROM WHAT I CAN TELL, IT'S A CLOSE KNIT COMMUNITY. I DON'T WANT TO CHANGE OR UPSET OR DISRUPT THE DYNAMICS WITHIN THE NEIGHBORHOOD. I WOULD WELCOME -- I AM HAPPY TO PROVIDE ANYONE WITH MY PERSONAL PHONE NUMBER SO THAT THEY CAN CONTACT ME AND YOU KNOW, I CAN DEAL WITH ANYTHING THAT MAY COME UP THAT MIGHT BE BOTHERSOME OR TROUBLESOME.

CHAIRPERSON: YOU LIVE IN PORT ST. LUCIE? HOW LONG WOULD IT TAKE YOU TO

GET TO THIS PROPERTY? >> ABOUT 45 MINUTES. CHAIRPERSON: TO THIS PROPERTY.

ROUGHLY, HOW LONG WOULD IT TAKE YOU TO GET TO THIS PROPERTY. >> 25 MINUTES.

CHAIRPERSON: OKAY. AND YOU'RE PLANNING ON MANAGING IT YOURSELF.

>> YES. PRIMARILY. ALTHOUGH, I DO HAVE STAFF THAT WORKS WITH ME AT MY -- CLEANING STAFF AND THE OWNER OF THE CLEANING COMPANY ACTS AS MY MANAGER. SHE LIVES WITHIN THE COUNTY. CHAIRPERSON: MAY I SAY, I HAVE

[00:40:03]

QUESTIONS? >> ANY SECURITY CAMERAS SET UP IN YOUR HOUSE.

>> NO. FOR PRIVACY REASONS, I CHOOSE NOT TO. >> OUTSIDE?

>> NO. I HAVEN'T INSTALLED ANY SECURITY CAMERAS OUTSIDE OR INSIDE.

>> OUTSIDE I THINK IT WOULD BE BENEFICIAL FOR TENANTS AND NEIGHBORS AS WELL.

>> YOUR POINT IS TAKEN, HOWEVER, I WILL SAY THAT LOTS OF TIMES GUESTS, THEY COME DOWN, THEY WANT TO RELAX IN THE SUN. IF THEY WANT TO DO SOMETHING LET'S SAY TOPLESS, BECAUSE THE PROPERTY IS ENCLOSED, IF THEY WANT TO DO THAT, HAVING CAMERAS

THERE WOULD NOT BE APPROPRIATE IN MY OPINION. >> OKAY.

MS. BAKER. >> MR. JOSEPH, YOU HAVE A CORPORATION CALLED JONATHAN JOSEPH TOURING, LLC, IS THAT A COMPANY THAT PLACES PEOPLE IN RENTALS OR VACATION RENTALS?

>> NO. NO. SO THE MAJORITY OF MY CAREER HAS BEEN IN MUSIC. SO I AM A PROFESSIONAL MUSICIAN AND THE TOURING COMPANY, PRIMARILY RELATES TO MY MUSICAL ENDEAVORS.

>> MY SECOND QUESTION IS, I NOTICED THAT YOU'VE BEEN ADVERTISING YOUR OTHER RENTAL, VACATION RENTAL PROPERTIES ON VBRO, I CAN NEVER FIGURE OUT WHO THEY ARE.

AND THAT YOU SAY THAT YOU HAVE TWO PROPERTIES IN PORT ST. LUCIE.

AND THIS IS THE FIRST ONE IN THE CITY OF FT. PIERCE? >> YES.

>> IF I MIGHT PARAPHRASE WHAT YOU WERE SAYING, THIS IS YOUR BUSINESS?

>> WELL, IT HAS BECOME MY BUSINESS. UNFORTUNATELY, I MEAN, IT WASN'T MY INTENTION, BUT I KIND OF LIKE JUST STUMBLED INTO IT. AND I'M KIND OF GLAD THAT I HAVE. BECAUSE OF COVID. YOU KNOW, THERE IS NO MUSIC HAPPENING. NO TOURS OR YOU KNOW, ANYTHING. IT'S BEEN A BIT OF A LIFE LINE FOR ME. IN THAT, I'M ABLE TO DO THIS. BECAUSE I DON'T KNOW WHAT I

WOULD BE DOING IF I COULDN'T. >> THE RESTRICTIONS SAY TWO VEHICLES.

THERE IS A NICE BIG DRIVEWAY AND AN AREA WHERE THE GARAGE IS.

LET'S SAY YOU'RE RENTING TO TWO FAMILIES. COME DOWN TOGETHER.

AND THEY HAVE MAYBE TWO CARS BETWEEN THEM AND THEY HAVE -- >> ON THE RECORD, I WANT TO OBJECT TO THAT CONDITION. AND I THINK I NEED TO FIND OUT HOW TO APPLY TO HAVE THAT

CONDITION CHANGED. >> ALSO, THE FRONT DOOR OF THAT HOUSE, HAS NO DRIVEWAY TO IT, NO WALKWAY TO IT, OR ANYTHING ELSE LIKE THAT. WHAT WOULD YOU BE DOING TO

PREVENT THAT FRONT LAWN AREA FROM BEING USED FOR PARKING? >> WELL, I CAN CERTAINLY STIPULATE THAT THERE IS NO PARKING, YOU KNOW, IN THE GRASS.

OUT FRONT, THE DRIVEWAY MUST BE USED. >> WOULD YOU BE WILLING TO

CLOSE OFF THAT FRONT DOOR? >> WHEN YOU SAY CLOSE OFF, WHAT DO YOU MEAN? I MEAN, I COULDN'T IMAGINE DOING THAT. IT WOULD BE HEALTH ISSUE, IF I

CLOSED THE FRONT DOOR. >> I DON'T THINK THAT WE CAN GO THERE ACTUALLY.

>> BECAUSE I HAVE SEEN IN THE PAST, FROM -- NOT CURRENTLY, BUT I HAVE SEEN IN THE PAST THAT THERE IS TIRE TRACKS ON THE GRASS THERE. I WAS JUST CURIOUS AS TO WHAT YOUR EXPERIENCE HAS BEEN WITH IT. THANK YOU VERY MUCH, MR.

JOSEPH. >> WELL, IF I CAN JUST FOLLOW-UP WITH THAT.

I MEAN, SINCE I'VE OWNED THE HOUSE, I HAVEN'T SEEN TIRE TRACKS.

CERTAINLY NO ONE IS PARKED IN THE FRONT OF MY HOUSE. CHAIRPERSON: THE PROCESS TO

[00:45:05]

>> OH, OKAY. CHAIRPERSON: ONCE WE WOULD BE DONE, IF WE CHANGE THAT, YOU WOULD BE CHANGING BEFORE THE COMMISSION TO HAVE THAT DONE. AND WHAT YOU'RE PROJECTING IS THAT YOU FEEL WITH THE DRIVEWAY IN THE AREA CONCRETED OUT AROUND THE GARAGE AREA, IS LARGE ENOUGH TO ACCOMMODATE MORE THAN TWO VEHICLES. MY QUESTION THEN TO MS. GUERRA,

OR MS. HUFFMIESTER, DO WE NEED TO CHANGE THAT? >> THOSE CONDITIONS OF APPROVAL. THIS IS AN AERIAL SHOWING THE SITE.

THIS IS WHAT MR. JOSEPH IS REFERRING TO. BASED ON OUR RECOMMENDATION OF APPROVAL, WE RECOMMEND THAT THERE BE NO MORE THAN TWO VEHICLES AT THE UNIT.

YOU HAVE THE ABILITY, AS I STATED HERE, YOU HAVE THE ABILITY TO CHANGE THE CONDITIONAL USE, TO CHANGE THE CONDITIONS OF THE CONDITIONAL USE.

SO IF YOU WOULD LIKE TO SAY THREE, YOU WANT TO SAY FOUR, THAT IS WITHIN YOUR PREROGATIVE TO MAKE THAT RECOMMENDATION. HOWEVER, OUR RECOMMENDATION REMAINS THE SAME.

STANDARD CONDITION OF APPROVAL THAT WE APPLY TO EVERY PROPERTY.

LIMITING IT. IN THAT CONDITION, ACTUALLY STEMMED FROM A RECOMMENDATION FROM THE CITY COMMISSION ITSELF. IT'S NOT THAT STAFF ARBITRARILY PICKED TWO NUMBERS. THAT WAS GIVEN TO CONTROL THE NUMBER OF VEHICLES IN AN AREA.

AND PARTICULARLY FOR THIS TYPE OF USE, WHICH WOULD GENERATE ADDITIONAL VEHICLES.

SO THIS WAS MEANT TO MIMIC HOW A SINGLE FAMILY RESIDENCE WOULD TYPICALLY RUN IN A TWO-CAR GARAGE. TWO VEHICLES. THIS WAS MEANT TO ALLEVIATE SOME OF THE CONCERNS OF HAVING TOO MANY VEHICLES ON-SITE. AND IT WAS MEANT TO HAVE ONE STANDARDIZED CONDITION THAT COULD BE APPLIED UNILATERALLY TO THE REQUESTS THAT WERE COMING IN. BUT AGAIN, I STATE ONE MORE TIME FOR THE RECORD, YOU HAVE THE ABILITY TO RECOMMEND AN ALTERNATE AND TO INCREASE OR EVEN DECREASE THAT NUMBER SHOULD YOU WISH TO DO SO. THIS IS JUST A STANDARD CONDITION OF APPROVAL THAT WE APPLY EVENLY AND FAIRLY TO EVERY SINGLE CONDITIONAL USE FOR AN STR THAT COMES BEFORE

THE CITY. >> THANK YOU. >> I WOULD CAUTION THE BOARD TO NOT MAKE ANY CHANGES TO THE CONDITIONS OF THE CONDITIONAL USE BEFORE US.

FOR A COUPLE OF REASONS. ONE IS THAT AS YOU KNOW, WE'RE IN THE MIDST NOW, WITH A COMMITTEE THAT IS REVIEWING SHORT-TERM RENTAL PROPERTIES AND HOW WE SHOULD MOVE FORWARD AND LOOK AT THEM. AND TWO, I WOULD LIKE TO SEE US KEEP CONTINUITY IN THE CONDITIONS THAT WE'RE APPLYING TO THE PROPERTIES SO THAT MOVING FORWARD IN CODE ENFORCEMENT ISSUES AND WHAT HAVE YOU, THAT THE CODE ENFORCEMENT OFFICERS DON'T GET CONFUSED BETWEEN ONE PROPERTY TO THE OTHER. I THINK THAT AGAIN, AND MS. GUERRA STATED IT VERY WELL, THE CONTINUITY TO A RESIDENTIAL NEIGHBORHOOD NEEDS TO BE LOOKED AT. WE'LL SEE WHAT HAPPENS IN OUR MOTION.

IN OUR MOTION PERIOD WOULD BE THE TIME THAT OUR MOTION MAKER COULD MAKE THAT CHANGE SHOULD THEY DESIRE TO DO SO. THANK YOU, SIR. ANY OTHER QUESTIONS FOR THE

APPLICANT? >> NO. CHAIRPERSON: I HOPE I DIDN'T CUT YOU OFF. NO. OKAY. VERY GOOD, SIR.

THANK YOU. I WILL THEN OPEN IT TO THE BALANCE OF THE PUBLIC MEETING, TO THE PUBLIC. I WOULD LIKE TO CAUTION YOU THAT AS YOU COME FORWARD, THERE WILL BE A THREE-MINUTE TIME PERIOD. LIGHTS ON THE PODIUM AND ALONGSIDE OF THE COMPUTER SCREEN. RED LIGHT FLASHES AT YOU, YOU'RE DONE. AND NUMBER TWO, IF YOU COME UP TO THE MIC AND SAY I WOULD LIKE TO SAY JUST LIKE MR. JONES SAID, I'M GOING TO CUT YOU OFF. IF YOU DON'T HAVE ANYTHING NEW TO SAY, THAT HASN'T BEEN SAID, BY ALL MEANS SPEAK YOUR PEACE. IF YOU'RE GOING TO RECITE WHAT SOMEONE ELSE SAID, WE'RE NOT HERE TO DO THAT. SO PUBLIC PORTION MEETING IS

OPEN. ANYONE LIKINGTO STEP FORWARD? >> AS YOU COME UP, BEFORE YOU SPEAK, TAKE A MOMENT TO SIGN IN. GATHER YOUR THOUGHTS AND THEN MS. ROSENTHAL WILL START THE TIMERS. WE DON'T WANT YOU TO THINK THAT

[00:50:01]

YOUR SIGNING IS GOING TO TAKE AWAY FROM YOUR TIME TO SPEAK. >> I'VE GOT A FEW ITEMS TO GIVE

YOU. >> PLEASE STATE YOUR NAME AND ADDRESS.

>> IS IT ALL RIGHT FOR ME TO TAKE THIS OFF HERE? >> YES, MA'AM.

>> MY NAME IS ANITA SHANNON, 1805 PLOVER AVENUE. I PROVIDED PICTURES FOR YOU ALL TO SEE, TO ILLUSTRATE. WE FIGURED 68 OF US COMING IN HERE AND SPEAKING FOR THREE MINUTES WAS GOING TO TAKE A LOT OF TIME. SO YOU HAVE 68 SIGNATURES FROM THE AREA OF PEOPLE WHO DO NOT WANT A BUSINESS IN OUR RESIDENTIAL AREA.

I OWN AN AIR BNB. BUT WE HAD TO MEET CERTAIN CRITERIA IN ASHEVILLE.

I'M NOT AGAINST THESE KINDS OF THINGS. BUT IT IS A PROBLEM FOR OUR NEIGHBORHOOD. WE HAVE NO SIDEWALKS. ALL OF OUR PEOPLE, CHILDREN, PETS, WALKERS, JOGGERS, ON THE STREET. AS YOU CAN SEE WITH THIS CAR COMING DOWN THE STREET, WE BARELY HAVE ANY ROOM FOR TWO CARS TO PASS, LET ALONE PEDESTRIANS AND NO SIDEWALKS. 80 PERCENT CAPACITY, WE'RE TALKING CLOSE TO 200 TO 300 PEOPLE IN AND OUT OF THIS ONE HOUSE PER YEAR. THE APPLICATION IS FOR A TWO-DAY RENTAL. NOT A MONTH. NOT TWO MONTHS.

THIS WILL IMPACT OUR COMMUNITY. THEY WILL NOT BE GOING OUT AND WE DON'T HAVE A LOCAL BUSINESS IN OUR RESIDENTIAL AREA. SO THERE IS REALLY NOTHING THAT WILL BENEFIT US EXCEPT A LOT OF HIGH TRAFFIC AND A LOT OF PEOPLE IN DANGER ON -- WITHOUT SIDEWALKS, WHO ARE ON OUR STREET. THE SECOND PHOTO IS -- HAS DIFFERENT DOTS ON IT.

SO YOU KNOW THE PERSPECTIVES I TOOK THESE FROM. THIS IS HOW CLOSE THIS PLACE IS TO MY HOME. IT IS 30 FEET AWAY FROM MY MASTER BEDROOM, IS THE BACK PATIO WHERE ALL OF THESE PEOPLE ARE GOING TO BE PARTYING. I WILL GET NO SLEEP.

I HAVE POSTTRAUMATIC STRESS DISORDER FROM HOME INVASIONS, RAPE AND ASSAULT.

ND I'M GOING TO HAVE A LOT OF STRANGERS IN AND OUT NEXT DOOR.

I ALREADY HAVE AN ALARM SYSTEM AND I WILL BE POSTING CAMERAS EVERYWHERE TO WATCH THESE PEOPLE, TOPLESS OR NOT. I WANT TO KNOW WHAT THEY'RE DOING NEXT DOOR TO ME.

I'M TERRIFIED. YOU CAN SEE, THEY CAN SEE RIGHT OVER MY FENCE.

THIS IS NOT A PRIVATE PLACE. I GO TO SWIM IN MY POOL, EVERYONE NEXT DOOR CAN SEE ME.

IF THEY'RE SITTING TOPLESS, I CAN SEE THEM. SO THERE IS NOT ANYTHING FOR ME TORE PRIVACY. NUISANCE IS IN -- IT'S THE CONDITION THAT ENDANGERS THE COMFORT, HEALTH AND SAFETY OF ANY PERSON. THIS IS GOING TO AFFECT ME AND MY NEIGHBORS SIGNIFICANTLY. IT'S GOING TO AFFECT OUR KIDS, OUR PETS, ALL OF US WALKING AND LIVING IN OUR COMMUNITY ON THE ROAD. ANY CONDITION CONSTITUTING A FIRE HAZARD, THERE IS A FIRE PIT THAT WAS JUST PUT OUT ON THIS PROPERTY TWO DAYS AGO.

A LOT OF PEOPLE DON'T KNOW HOW TO USE A FIREPIT. THEY MIGHT BE IN FLORIDA AND NOT UNDERSTAND THAT WIND CAN BLOW THAT RIGHT OVER ON SOMEBODY'S HOUSE.

ANY NOISES OR VIBRATIONS, INCLUDING ANIMAL NOISES, THIS WILL BE A PET ACCEPTING PROPERTY. SO WE HAVE BARKING DOGS COMING IN FOR TWO DAYS.

ANY CONDITION THAT COULD DEPRECIATE THE VALUE OF PROPERTY.

IF I HAVE A HOTEL NEXT TO ME, THAT IS GOING TO AFFECT THE VALUE OF MY PROPERTY QUITE A BIT. RENDERS OTHER PERSONS INSECURE IN LIFE OR USE OF PROPERTY.

YOU'RE HITTING IT RIGHT HERE WITH ME. THERE IS A LOT OF INSECURITY WITH ALL OF THESE PEOPLE IN AND OUT. THERE IS A DIFFERENCE.

YOU USE THE WORD LIVE, WHEN PEOPLE COME HERE TO LIVE FOR SHORT-TERM AND ENJOY TWO DAYS, IS NOT LIVING. THAT IS STAYING. THERE IS A BIG DIFFERENCE BETWEEN A MONTH-LONG, TWO-MONTH, FOUR-MONTH LONG PERSON COMING TO STAY AND ENJOY AND LIVE AND MEET THE NEIGHBORS. TWO DAYS IN AND OUT, THEY DON'T WANT TO MEET US. THEY WANT TO COME AND PARTY AND JUST ENJOY THE AREA.

THEY DON'T REALLY HAVE ANY CONNECTION TO US AS A NEIGHBORHOOD.

IT REALLY WORRIES ME THAT THIS IS A DANGEROUS PRECEDENT NOW THAT EVERY PROPERTY THAT COMES UP FOR SALE, AN INVESTMENT COMPANY IS NOW GOING TO BE BUYING THAT.

THE PEOPLE LIKE ME, THAT HAD TO WAIT FIVE YEARS TO FIND A PROPERTY THAT I COULD AFFORD ON

[00:55:06]

THAT IS A BIG WORRY. WE HAVE SOME QUESTIONS TOO ABOUT THE FACT THAT THE OWNER CLAIMS TO BE A LOCAL PERSON. THE TWO ADDRESSES LISTED ON THE APPLICATION ARE OTHER VACATION RENTALS AND WE HAVE THOSE LISTINGS. I THINK I ACTUALLY HAVE THAT IN THERE FOR YOU, THESE ARE -- THE APPLICATION ADDRESSES THAT THIS PERSON CLAIMS ARE THEIR HOMES, ARE VACATION RENTALS, ACTIVE VACATION RENTALS. SO THAT PRESENTS A BIG QUESTION FOR US. THERE IS A BIG FEAR OF STRANGERS DISRUPTING OUR NEIGHBORHOOD WITH WEEKEND PARTIES EVERY WEEKEND. I WILL HAVE TO SELL MY HOME.

I CAN'T LIVE NEXT TO FOUR OR FIVE, SIX CARS, 40 PEOPLE, 30 PEOPLE PARTYING TOPLESS.

FIRES GOING. DRINKING. AND I HAVE A POOL THAT THEY CAN EASILY SEE OVER THE FENCE. AND THERE IS PROBABLY GOING TO BE AN INCIDENT WHERE PEOPLE ARE GOING TO GET DRUNK AND DECIDE THEY WANT TO GO IN A POOL. SO THERE IS A LOT OF THINGS THAT CAN HAPPEN FROM THIS. IT'S VERY FRIGHTENING TO HAVE THIS MOVING IN RIGHT NEXT TO ME. THE ONE THING YOU CAN SEE FROM THE VIEW HERE, THIS IS THE BACK PATIO OF THEIR HOUSE, HERE IS THE DRIVEWAY. THIS IS MY MASTER BEDROOM.

RIGHT HERE ON THE SIDE OF THE HOUSE. HERE I AM SLEEPING.

HERE ARE ALL OF THESE PEOPLE HANGING OUT AND PARTYING. SO THAT IS IT.

I WON'T GET ANY SLEEP ON THE WEEKENDS. I MOVED HERE INTO A SINGLE

FAMILY RESIDENTIAL COMMUNITY. I JUST DIDN'T EXPECT -- >> I NEVER HIT THE BUTTON.

>> OH, OKAY. >> THANK YOU FOR YOUR TIME. >> HELLO AGAIN.

>> HELLO AGAIN. >> IT'S NOT THAT I DON'T WANT TO SEE YOU, BUT I HOPE WE DON'T

HAVE TO KEEP SEEING EACH OTHER. >> REGARDING THE PLOVER AIR BNB SHORT-TERM VACATION RENTAL.

WE LIVE IN A NEIGHBORHOOD AND WE EXPECT TO LIVE NEXT TO NEIGHBORS.

AT LEAST FOR A YEAR. REPLACING NEIGHBORS WITH STRANGERS CAN BE DANGEROUS AND BRING BIG PROBLEMS. AIR BNB USES NO RULES TACTICS. THEY CAN BRING CRIME, HOUSE PARTIES, UNKNOWN STRANGERS. THEY WILL DRIVE OUT OUR RESIDENTS AND JACK UP RENT AND DESTROY COMMUNITIES. GUESTS ARE ALWAYS ON VACATION. WE WANT, AS A COMMUNITY, WE WANT SAFETY, FRIENDLY NEIGHBORS, PEACE OF MIND AND AFFORDABLE HOUSING.

WE WANT TO SPEND OUR TIME RAISING CHILDREN AND BUILD RELATIONSHIPS WITH FRIENDS.

MY DEFINITION OF NUISANCE WAS SOMETHING THAT INTERFERES WITH THE USE OF PROPERTY BY BEING IRRITATING, OFFENSIVE, OBSTRUCTIVE OR DANGEROUS. THERE IS NOBODY ON-SITE OF ONE OF THESE VACATION RENTALS TO ENFORCE THE RULES. YOU KNOW, YOU GO, THERE IS MOTELS AND HOTELS AVAILABLE ON THE BEACH AREA. THEY HAVE A MANAGER THERE ON-SITE. SO IF ANYTHING GOES WRONG, THEY'RE RIGHT THERE.

OKAY. SO I WOULD LIKE FOR YOU TO PLEASE ASK YOURSELVES IF YOU WOULD VOTE TO APPROVE A SHORT-TERM RENTAL NEXT DOOR TO YOUR HOUSE, OKAY, I JUST GOT TO EXPERIENCE FOR FIVE MONTHS DIRECTLY TO THE NORTH OF MY HOUSE, ILLEGAL AIR BNB, I CAN'T GIVE YOU DETAILS. HE WAS SHUT DOWN LAST WEEK. WE HAVE SEEN OVER 20 PEOPLE.

ALMOST EVERYBODY THAT CAME THERE HAD THREE VEHICLES. THEY PARKED ACROSS THE SIDEWALK, FRONT YARD. HE HAD A SITE WITH ALL OF THESE RULES POSTED, BUT NOTHING WAS EVER ENFORCED, ANIMALS, SMOKING, DRINKING. SO THEY CAN'T ENFORCE THE RULES. SO IN OUR RESIDENTIAL, SINGLE FAMILY NEIGHBORHOOD HOMES, IF SHORT-TERM DOES NOT FIT, PLEASE PLEASE DO NOT VOTE TO APPROVE IT.

THANK YOU. CHAIRPERSON: THANK YOU. >> MY NAME IS DAVE UNDERHILL.

[01:00:26]

THE ONE THING I WOULD LIKE, JUST FROM A PROCEDURAL STANDPOINT, WHEN WOULD I HAVE BEEN NOTIFIED OF THIS CHANGE? WHEN WOULD I HAVE BEEN PERSONALLY NOTIFIED.

CHAIRPERSON: THERE WILL BE A LETTER GOING OUT WHEN THIS PROGRESSES, MOVES FORWARD TO THE COMMISSION. AT THE PLANNING BOARD'S PHASE OF THIS, THERE ARE NO MAIL-OUT NOTICES TO THE MEETING. THERE IS A SIGN POSTED, BUT NO MAIL-OUT NOTICES.

>> I HAVE A PICTURE I DIDN'T GET TO PRINT. I COULDN'T SEE IT.

I WAS NOTIFIED BY MY NEIGHBORS OF THIS CONDITIONAL CHANGE. I DON'T THINK THAT IS PROPER POLICY. CHAIRPERSON: BEING BURIED IN THE TRASH?

>> NOT BEING NOTIFIED. IF WE'RE HAVING HEARINGS RECOMMENDED TO BE CHANGED BY YOUR STAFF, WE SHOULD BE WELL AWARE OF WHAT IS GOING ON. CHAIRPERSON: IT'S BEEN DISCUSSED AT THIS BOARD'S LEVEL. COMMISSION CHANGE THAT WOULD NEED TO BE MADE BY THE COMMISSION. AND WHEN YOU GO BEFORE THE COMMISSION, IN 30 DAYS, WHATEVER IT TAKES, I WOULD LIKE YOU TO BRING IT UP.

ONE UNIQUE THING ABOUT SURFSIDE ASSOCIATION, WE DO PAY ASSOCIATION FEES, OUR PRIVATE BEACH, NOT AN HOA, PRIVATE BEACH ASSOCIATION, RESPECTFULLY, I THINK IT'S DIFFERENT THAN THE RENTALS. WHAT THE BEACH BRINGS ON ITS OWN, WITHOUT A TWO-DAY RENTAL IS CHAOS. LET'S BE CLEAR. YOU KNOW, WE'VE BEEN THROUGH THIS ROAD. WE KNOW THE TYPE OF PEOPLE TO SAY HEY, LET'S GO TO FT. PIERCE BEACHES FOR TWO DAYS AND DISRUPT THIS NEIGHBORHOOD. I WANT TO TALK ABOUT THE COMMUNITY VALUE BECAUSE IT WAS BROUGHT UP DURING THIS MEETING. THE VALUE IS NOT IN VACATION RENTALS. TWO-DAY RENTALS. THOSE POOR HOTEL PEOPLE ARE STARVING THIS YEAR. BEACHSIDE RESORT HAS CHANGED OWNERSHIP THREE TIMES.

WAITING FOR PEOPLE TO RENT THE ROOMS. WE DON'T NEED ANYMORE.

WE NEED MORE COMMUNITY. IF YOU LOOK AT THE FAR LEFT OF THIS PICTURE, YOU'LL SEE A HOUSE THAT WAS BUILT THREE YEARS AGO. PEOPLE LIVED THERE FOR 26 YEARS. TORE DOWN THEIR EXISTING HOME, SPENT $1.7 MILLION TO BUILD A NEW HOME. THE PROPERTY TO THE RIGHT, COMPLETED BUILDING, $870,000 HOME. THIS IS A BEAUTIFUL WATERFRONT BEACHSIDE COMMUNITY.

ON THE CORNER, THAT IS JUST OUT OF PICTURE HERE, FAMILY FROM CHICAGO JUST CAME IN AND BOUGHT A PIECE OF PROPERTY, WELL IN EXCESS OF A MILLION DOLLARS. ONE TO THE RIGHT OF IT SOLD FOR 1.4. I'M NOT TRYING TO SAY WE'RE AN EXCLUSIVE NEIGHBORHOOD, WE ARE NOT. THIS PROPERTY WAS BOUGHT FOR $350,000.

THAT IS A GOOD VALUED HOME. GREAT COMMUNITY TO LIVE IN. WE'VE GOT TO BE VERY CAREFUL.

I UNDERSTAND REGULATIONS. WE HAVE TO LOOK AT THE RULES. BUT HOW CAN ANYBODY, WITH GOOD ONSCIOUS SAY THIS WILL NOT INTERFERE WITH THE COMFORT, THE GOOD ORDER, THE CONVENIENCE OR THE GENERAL WELFARE OF THAT COMMUNITY? I DON'T THINK WE CAN SAY THAT. CHAIRPERSON: THANK YOU. ANYONE ELSE SPEAKING?

>> HELLO, EVERYBODY. MY NAME IS GARY, I LIVE AT 1932 CYPRUS AVENUE.

TO START THIS OFF, MY NEIGHBOR, DIRECTLY ACROSS THE STREET. I DIDN'T PUT IT TOGETHER UNTIL I HEARD ABOUT THIS. HE HAS TWO PEOPLE IN THERE RIGHT NOW, ABOUT A MONTH AGO, HE HAD TWO PEOPLE IN THERE, BEFORE THAT. EVERY TIME I CALLED HIM, SHOWED HIM A PICTURE OF THE PEOPLE, HE SAID EVERYTHING IS FINE. NEVER TOLD ME ANYTHING.

NOTHING. ABOUT THREE OR FOUR WEEKS AGO, HE CALLS ME AND HE ASKS ME IF I'VE SEEN ANYBODY IN HIS HOUSE. I'M LIKE NO. I HAVEN'T SEEN ANYBODY.

HE SAID, MY COUCH IS MISSING. I SAID DID YOU FILE A POLICE REPORT.

HE SAID NO. I THOUGHT IT MIGHT HAVE BEEN HIS REALTOR THAT MIGHT HAVE TAKEN IT.

IT WASN'T. I KNOW IF THERE IS NO POLICE REPORT, WE CAN'T DO ANYTHING

[01:05:05]

AND THE OWNER ON RECORD IS NOT EVEN LISTED AS AN OFFICER IN THE LLC THEY USED.

HOW CAN YOU -- HOW CAN THAT HAPPEN? CAN'T POSSIBLY FILE FOR A CONDITIONAL USE ON IT. CHAIRPERSON: ARE YOU ASKING ME THE QUESTION?

>> NO. I'M SAYING THIS IS THE RESEARCH I DID. AND YOU KNOW, THIS IS WHAT I FOUND OUT. THAT IS ALL I HAVE. CHAIRPERSON: OKAY, SIR.

THANK YOU. ANYONE ELSE SPEAKING? >> I LIVE AT 1901 JACKARANDA DRIVE, MAYBE A BLOCK AND A HALF FROM THIS PROPERTY. MY CAR WAS STOLEN FROM MY DRIVEWAY DECEMBER 18, 2020. EVER SINCE THAT DAY, I CAN'T REALLY SLEEP SOUNDLY IN MY OWN HOUSE. BECAUSE I'M SO NERVOUS AND AFRAID THAT MY PROPERTY IS GOING TO BE VIOLATED AGAIN. THAT YOU KNOW, THAT THERE IS YOU KNOW, SOMEBODY IS GOING TO COME AND TAKE OUR STUFF OR HURT US. EVERY TIME I SEE PEOPLE THAT I DON'T RECOGNIZE AS MY NEIGHBORS, I GET LIKE REALLY REALLY NERVOUS AND I YOU KNOW, I TEND TO GO AND APPROACH THEM AND ASK THEM WHAT ARE YOU DOING HERE, YOU KNOW, WHY ARE YOU HERE? IT'S JUST THE CONSEQUENCES OF THE THEFT THAT HAPPENED.

MY CAR WAS DESTROYED. IT WAS -- I REPORTED IT TO THE POLICE.

THEY FOUND IT LIKE A WEEK AND A HALF LATER. AND IT WAS ALL DESTROYED.

AND IT TOOK OVER TWO MONTHS FOR THE POLICE, THE INSURANCE COMPANY AND ALL OF THAT TO RESOLVE THE MATTER. SO I REALLY DO NOT WANT TO GO THROUGH THAT AGAIN.

I DON'T WANT ANY OF MY NEIGHBORS TO GO THROUGH THAT. YOUR HOUSE SHOULD BE A PLACE WHERE YOU CAN LIVE IN PEACE AND YOU KNOW, AND COMFORT. AND IF THERE IS ALL OF THESE PEOPLE COMING, AND GOING ALL OF THE TIME, IT'S JUST VERY VERY DISTURBING, AT LEAST TO ME AND MY FAMILY. SO I OPPOSED TO SUCH LITTLE TIME, SHORT RENTALS, THAT IS JUST GOING TO BRING MORE CRIME. I'M NOT OPPOSED TO LIKE A LONG-TIME RENTAL, WHERE YOU CAN GET TO MEET THE NEIGHBOR AND GET TO SEE WHO LIVES AROUND THERE.

WE'RE SUCH A CLOSE COMMUNITY OVER THERE, THAT EVERYBODY KNOWS EACH OTHER.

AND WE ALWAYS TALK TO EACH OTHER. SO WE DON'T REALLY WANT ANY STRANGERS TO BE WALKING AROUND. WHETHER THEY'RE GOOD, BAD, OR ANYTHING.

IT'S JUST ONE ADDED CONCERN FOR, AT LEAST FOR ME, TO LIVE THERE.

SO I'M ASKING YOU TO PLEASE DO NOT APPROVE ANY SHORT TIME RENTALS IN THAT PROPERTY.

OR ANY OTHER, IF IT COMES UP. YOU KNOW, IN THE NEIGHBORHOOD. CHAIRPERSON: THANK YOU.

ANYONE ELSE SPEAKING? >> GOOD AFTERNOON, MY NAME IS EUGENE COCHRAN, I LIVE AT 1714

[01:10:22]

MOST OF US HAVE BEEN THERE FOR A LONG TIME. WHAT WE REALLY WANTED WAS FOR ANOTHER FAMILY TO MOVE IN. WE WERE LOOKING FORWARD TO IT. THAT BEING SAID, SECOND THING, THIS APPLICATION IN MY OPINION IS VOID, BASED ON NUMBER ONE, NO ONE ON THIS APPLICATION, AS FAR AS I CAN TELL LIVES EITHER IN FT. PIERCE OR ST. LUCIE COUNTY.

OBVIOUSLY MR. JOSEPH HAS OTHER PROPERTIES IN THE COUNTY. BUT THEY'RE RENTALS.

NONE OF THEM ARE HOMESTEADED. LIKE I SAID, THAT IS THE FIRST INVESTMENT, 1801 IS AN INVESTMENT PROPERTY, LIKE ALL OF THE OTHER PROPERTIES HE OWNS IN THE COUNTY.

SECONDLY, THERE IS AN 868 MCCOM MCCOMBAVENUE AVENUE.

JP INVESTMENTS, LISTED AS A RENTAL. SO EVERYONE KNOWS.

ALSO THEINVESTMENTS, LISTED AS RENTAL. SO EVERYONE KNOWS.

ALSO THENVESTMENTS, LISTED AS RENTAL. SO EVERYONE KNOWS.

ALSO THENVESTMENTS, LISTED AS RENTAL. SO EVERYONE KNOWS.

ALSO THEINVESTMENTS, LISTED AS RENTAL. SO EVERYONE KNOWS.

ALSO THENVESTMENTS, LISTED AS RENTAL. SO EVERYONE KNOWS.

ALSO THEINVESTMENTS, LISTED AS RENTAL. SO EVERYONE KNOWS.

ALSO THE SECOND ADDRESS WAS SLICE OF PARADISE, I FOUND THAT THIS ADDRESS WAS PERMITTED FOR A CONDITIONAL USE BY THIS BOARD AND APPROVED ON OCTOBER 21ST OF 2020.

SO LESS THAN FIVE MONTHS AGO. SO USING AN AIR BNB AS A QUOTE RESIDENTIAL ADDRESS, OBVIOUSLY, ISN'T GOING TO STAND. I DON'T THINK SO. LIKE I SAID, IT'S NUMBER ONE ON YOUR APPROVAL LIST. SAID MANAGER SHALL RESIDE IN ST. LUCIE COUNTY.

I CAN'T FIND ANYBODY ON THIS APPLICATION THAT RESIDES IN ST. LUCIE COUNTY.

THAT IS BASICALLY IT. THE NAME ON THE RECORD IS NOT THE NAME OF THE PERSON ON THE APPLICATION. THE APPLICATION IS VOID, AT THIS POINT, FROM MY OPINION.

IT SHOULD BE THROWN OUT IMMEDIATELY. MR. JOSEPH IS MORE THAN WELCOME TO MOVE IN THE HOUSE, BUT WE DON'T NEED A SHORT-TERM RENTAL. AS BEFORE STATED, WE HAVE NO PROBLEM WITH LONGER TERM RENTALS, 6 MONTHS OR A YEAR, WHICH THERE ARE A FEW OF THEM ON THE STREET. THEY'RE FINE. SO THAT IS IT.

THANK YOU. CHAIRPERSON: THANK YOU, SIR. ANYONE ELSE SPEAKING? WHAT ARE YOU DONE TO YOUR HAND THE LAST TIME YOU WERE HERE? YOUR WIFE SLAMMED IT IN THE

REFRIGERATOR DOOR GETTING A SNACK OUT. >> MY NAME IS RALPH MOODY.

I LIVE RIGHT BEHIND MS. ANITA OVER HERE. MY MAJOR CONCERN IS WHO DOES BACKGROUND CHECKS ON THE TENANTS WHO ARE SUPPOSED TO COME TO A SHORT-TERM RENTAL? I HAVE A GRANDSON, HE IS FOUR YEARS OLD. AND I'M ABOUT TO LOSE IT BECAUSE IF SOMEONE BOTHERS MY SON, GRANDSON, WE'RE GOING TO GET IN DEEP TROUBLE AND THAT IS WHAT I'M CONCERNED ABOUT. THE PEOPLE COMING IN AND RUINING OUR NEIGHBORHOOD.

THANK YOU. CHAIRPERSON: THANK YOU. ANYONE ELSE SPEAKING?

>> HI, I'M TIMOTHY LYNCH. 1810 PLOVER AVENUE. I LIVE BASICALLY ACROSS THE STREET FROM WHERE THE NEW UNIT IS GOING IN. ONE OF THE THINGS ABOUT OUR NEIGHBORHOOD THAT IS SO FANTASTIC IS THE LONGEVITY. PEOPLE COME HERE AND THEY STAY.

THEY LIVE AND THEY DIE HERE. SUSAN, MY LOVELY WIFE AND I, THAT IS WHAT WE'LL DO.

WE'RE GOING TO LIVE AND DIE HERE. TESSA, WAS 89, SHE DIED.

[01:15:09]

IT'S A STABLE NEIGHBORHOOD. IT'S A COOL NEIGHBORHOOD. IT'S A GREAT NEIGHBORHOOD.

WE DON'T NEED ALL OF THIS TRAFFIC. SIMPLE AS THAT.

SINGLE FAMILY DWELLING NEIGHBORHOOD. NO WONDER HE WANTS TO MOVE IN.

I MEAN, JONATHN IS WELCOME. WE LIKE HIM. BUT WE DON'T NEED A LOT OF PEOPLE. WE DON'T NEED A LOT OF TRAFFIC. WE DON'T NEED -- WE JUST DON'T.

THAT IS NOT THE NEIGHBORHOOD. THANK YOU. CHAIRPERSON: ANYONE ELSE

SPEAKING? >> HELLO I'M CHERRY SCHAEFFER. FIRST OF ALL, WE THANK YOU ALL FOR LISTENING TO ALL OF US TODAY. IT'S THE SAME THING OVER AND OVER AGAIN. WE'RE ALL CONCERNED ABOUT WHAT IS HAPPENING IN OUR WONDERFUL NEIGHBORHOOD. WE'RE IN THUMB POINT. MR. JOSEPH, COME ON AND LIVE WITH US, BUT DON'T OPEN AN AIRBNB HERE. WE HAVE THIS ORDINANCE, WE HAVE THE EARS OF THE COMMISSION TO LISTEN TO THE PEOPLE OF THE CITY OF FT. PIERCE.

60 SOME ODD PEOPLE CAME TO JC PARK ON SATURDAY TO SAY WE DON'T WANT THIS.

WE WANTED TO STORM CITY HALL, NOT KNOWING THAT IT WAS TALLAHASSEE THAT WAS CAUSING A LOT OF PROBLEMS HERE. WE'RE WORKING HARD TO HELP YOU ALL NOT TO MAKE DECISIONS BASED ON TALLAHASSEE RULE. WE DON'T KNOW IF WE'RE GOING TO BE SUCCESSFUL, BUT WE'RE CERTAINLY TRYING HARD. THE BOTTOM LINE IS, MR. ALBURY, YOU MADE A COMMENT ABOUT HOW MUCH FUN IT WOULD BE FOR PEOPLE TO COME AND EXPERIENCE FT. PIERCE.

IT IS. I'VE BEEN HERE SINCE THE '80S, '70S ACTUALLY.

WE HAVE GREAT FISHING AND GREAT PEOPLE. WE HAVE HOTELS.

THEY NEED THEIR BUSINESS NOW. SO LET'S KEEP THE AIRBNBS OUT OF OUR SINGLE FAMILY COMMUNITIES. LET'S VET THE PEOPLE THAT ARE APPLYING FOR CONDITIONAL USE PERMITS. SO FAR THE CITIZENS HAVE DONE THAT AND PRESENTED TO YOU.

AND IT MAY NOT BE LEGAL, BUT IT IS IMPORTANT TO KNOW WHO IS RENTING A COMMERCIAL PROPERTY RIGHT NEXT DOOR TO YOUR HOME. WE ASK YOU TO VOTE NO ON THIS AS WE'VE ASKED YOU TO VOTE NO ON THE OTHERS. WE THANK YOU FOR YOUR TIME. BUT I REALLY WANT YOU TO THINK ABOUT WHAT SOME OF THESE RESIDENTS HAVE SAID TODAY. MY BEDROOM IS 30 FEET FROM THE POOL. MY BEDROOM IS 30 FEET FROM THE PETITION AREA.

THERE IS A FIREPIT. THINK ABOUT IT. PUT IT NEXT TO YOUR HOUSE BEFORE YOU VOTE TODAY. THANK YOU FOR YOUR TIME. CHAIRPERSON: THANK YOU.

IS THERE ANYONE ELSE? OKAY. I'M CLOSING THE PUBLIC PORTION

OF THE MEETING. WE'LL COME BACK TO THE BOARD. >> EXCUSE ME, DON'T YOU WANT MR. JOSEPH TO BE ABLE TO REBUT? CHAIRPERSON: I'M SORRY. THANK YOU FOR KEEPING ME STRAIGHT. MR. JOSEPH, YOU MAY COME AND REBUTTAL.

>> YES. I HAVE HEARD A NUMBER OF KIND OF MIND BOGGLING THINGS THAT SIMPLY ARE NOT TRUE. I THINK THE ONE THING THAT IS MOST EGREGIOUS IS THE GENTLEMAN THAT CAME UP AND SAID THAT MY APPLICATION SHOULD NOT BE VALID BECAUSE OF ONE OF THE ADDRESSES ON THE APPLICATION. IT'S CLEAR THAT HE DOESN'T UNDERSTAND THE APPLICATION PROCESS. AND THAT WHEN YOU HAVE A REPRESENTATIVE, THE APPLICATION REQUEST THAT YOU LIST THE REPRESENTATIVE. SO THAT IS NOT ONE OF MY PROPERTIES. I WILL LEAVE THAT AT THAT. AGAIN, I'LL SAY TO MY GUEST, NOT TO THE GUESTS, TO MY NEIGHBORS, I HAVE NO DESIRE TO BE AT ODDS OR CONFLICT WITH ANYONE IN MY NEIGHBORHOOD. EVERYONE SEEMS TO BE REALLY REALLY NICE.

AND I'M NOT LOOKING TO CHANGE THAT DYNAMIC OR BRING IN ANY ELEMENTS THAT ARE GOING TO MAKE

[01:20:01]

BUT BEYOND THAT, YOU KNOW, PLEASE EVERYONE, JUST KNOW I'M AVAILABLE IF YOU WANT TO SPEAK TO ME AT ANY TIME. YOU ALL KNOW WHERE I LIVE. AND THAT IS IT.

THAT IS IT FOR NOW. CHAIRPERSON: THANK YOU, SIR. >> MR. CHAIR, MAY I ASK A REDIRECT QUESTION? MR. JOSEPH, THE SUBJECT OF THIS FIREPIT ON THE PROPERTY, WHICH APPARENTLY YOU RECENTLY INSTALLED, WHAT IS THE STATUS OF YOUR LIABILITY INSURANCE ON THAT PROPERTY? DO YOU HAVE THIRD-PARTY LIABILITY?

HYPOTHETICALLY, IF ONE OF YOUR -- >> MS. BAKER, I'M SORRY, WE CAN'T GO THERE. CHAIRPERSON: WE CAN'T GO THERE.

>> WHY? CHAIRPERSON: THAT IS NOT TO THE PRIVILEGE OF THIS BOARD TO

DISCUSS INSURANCE ON PROPERTIES THAT MR. -- >> IT'S ADDRESSING ONE OF THE CONCERNS THAT ONE OF THE PEOPLE IN THE AUDIENCE -- MAY I GET A RULING FROM OUR LAWYER?

CHAIRPERSON: I CAN LET THAT HAPPEN. >> MR. CHAIR, I WOULD GO AHEAD AND LET THE QUESTION BE ASKED AGAIN. BECAUSE THIS IS AN ADVISORY BOARD. WHETHER OR NOT THE ANSWER WOULD CONSTITUTE SUBSTANTIAL

COMPETENT EVIDENCE FOR A DENIAL IS A DIFFERENT STORY. >> OKAY.

CHAIRPERSON: OKAY. WE'LL ALLOW IT. WE WILL ALLOW IT.

>> DO YOU HAVE INSURANCE THAT WOULD COVER DAMAGE DONE TO OTHER PROPERTY BY YOUR TENANTS?

>> YES, I DO. I HAVE INSURANCE SPECIFICALLY FOR SHORT-TERM RENTALS.

>> THANK YOU. >> IF I MAY ALSO MAKE AN ADDITIONAL COMMENT REGARDING THE FIREPIT. IT'S JUST A LITTLE FIREPIT THAT YOU GET FROM HOME DEPOT.

I PUT SOME ROCKS AROUND IT SO IT LOOKS LIKE. DECORATIVE ORNAMENTAL TYPE THING. BUT THIS DOES NOT NEED TO BE AN ISSUE.

BECAUSE IT'S NOT AFFIXED OR ATTACHED OR CEMENTED DOWN OR ANYTHING.

YOU KNOW, YOU CAN GO TO HOME DEPOT AND BUY ONE. SO IF THAT IS AN ISSUE, I CAN JUST REMOVE IT. CHAIRPERSON: OKAY. THANK YOU.

>> ANYTHING ELSE? CHAIRPERSON: THANK YOU VERY MUCH, SIR.

ANY FURTHER QUESTIONS FROM MS. GUERRA? NOT HEARING ANY.

AS ONE OF THE SPEAKERS TODAY ALLUDED TO, THIS BOARD'S HANDS ARE TIED AS WELL AS OUR COMMISSION'S. FROM SEVERAL FRONTS. ONE BEING THE INVASION THAT THE STATE OF FLORIDA SEEMS TO FEEL AS THOUGH THEY NEED TO MAKE ON LOCAL COMMUNITIES AND LOCAL RULE. WE HAVE A LOT OF PRESSURE FROM A LOT OF OUTSIDE SOURCES THAT TIE OUR HANDS AND PREVENT US FROM MAKING DECISIONS THAT WE MIGHT NORMALLY NEED TO MAKE, OR LIKE TO MAKE. IN THAT IS A MOTION IS GOING TO MADE HERE SHORTLY.

A VOTE IS GOING TO BE TAKEN. YOU MAY OR MAY NOT LIKE THE MOTION.

YOU MAY NOT, MAY OR MAY NOT LIKE THE VOTE. THE MOTION MAY HAVE BEEN MADE DUE TO THE PRESSURES THAT ARE ON US FROM OUTSIDE FORCES. SOME OF WHICH WE ARE PRIVILEGED TO HAVING FIRSTHAND KNOWLEDGE OF, THAT YOU MAY NOT HAVE KNOWLEDGE OF.

WHATEVER HAPPENS HERE TODAY, I ASK YOU TO GO TO THE COMMISSION, SPEAK TO THE COMMISSION, BE ORGANIZED, AS YOU WERE HERE TODAY, THE COMMUNITIES ARE GETTING BETTER AT COMING BEFORE US AND SPEAKING AND UNDERSTANDING HOW TO PRESENT MATERIAL AND INFORMATION. THAT INFORMATION CAN BE LOOKED AT BY THE COMMISSION A LITTLE DIFFERENTLY THAN WE LOOK AT IT. THEY ARE QUASI JUDICIAL FUNCTION WHEN YOU GO BEFORE THE COMMISSION, WHICH WE ARE NOT. WE ARE AN ADVISORY BOARD. WHAT WE DO HERE IS WE ADVISE THE COMMISSION AND THAT IS ALL WE CAN DO. I AM READY FOR A MOTION.

MR. CH >> MR. CHAIR, I MOVE FOR APPROVAL.

[01:25:04]

>> MS. BAKER. NO. >> MS. JOHNSON SCOTT.

>> YES. >> CHAIRMAN MILLER. YES.

>> MOTION CARRIES. >> MR. CHAIR, IF I MAY ADD SOMETHING NOW.

WITH YOUR PERMISSION. MEMBERS OF THE PUBLIC, THIS IS, AS OUR ATTORNEY HAS STATED, THIS IS AN ADVISORY BOARD. SO THE NEXT STEP WILL BE GOING BEFORE THE CITY COMMISSION, WHERE THEY WILL BE MAKING THE DECISION. 500 FEET FROM THIS PROPERTY, IF YOU DRAW A CIRCLE AROUND IT, STAFF WILL BE SENDING OUT MAILED LETTERS, LETTING YOU KNOW OF THE DATE, THE TIME, BECAUSE IT WILL BE AN UNUSUAL TIME.

I THINK IT WILL BE 4:30. IF YOU LIVE WITHIN 500 FEET OF THIS PROPERTY, YOU WILL RECEIVE A LETTER. I WILL ATTEMPT TO SEND IT OUT EARLIER THAN THE CODE REQUIRES ME TO DO SO, GIVEN THAT YOU ALL WILL PROBABLY WANT THIS INFORMATION SOONER RATHER THAN LATER. IF YOU HAVE SIGNED IN, AND YOU DON'T LIVE WITHIN THOSE 500 FEET, OR YOU ARE UNSURE, PLEASE LET ME KNOW AND I WILL ADD YOU TO THAT LIST SO YOU WILL BE NOTIFIED AND YOU DON'T FEEL THAT YOU'RE BEING LEFT OUT. SO THAT IS WHAT CODE REQUIRES.

AS STAFF, WE ARE GIVING YOU THE ASSURANCE THAT NOT ONLY WILL WE SEND THOSE LETTERS OUT EARLY, BUT IF YOU'RE NOT WITHIN 500 FEET, I WILL MAKE SURE THAT YOU GET THOSE LETTERS.

>> MR. CHAIR. >> YES. >> MAY I CALL ATTENTION TO THE FACT THAT THE LETTERS THAT ARE SENT OUT REQUEST A RESPONSE. HOWEVER, THE PROCEEDINGS BEFORE THE CITY COMMISSION ARE WHAT THEY CALL QUASI JUDICIAL. IF YOU RESPOND BY LETTER, AND SAY THAT WHATEVER YOU SAY, IT WILL HAVE ABSOLUTELY NO EFFECT ON THE CITY COMMISSION RULING.

BECAUSE YOU WOULD NOT HAVE BEEN SWORN IN. THE ONLY TESTIMONY THAT CAN BE ACCEPTED AT THE CITY COMMISSION MEETING WOULD BE FOR PEOPLE TO APPEAR IN PERSON AND BE SWORN IN. THE LETTERS THAT YOU RECEIVE WHEN YOU RESPOND, YOUR RESPONSE

HAS NO EFFECT. >> CHAIRMAN, BEFORE MS. BAKER GOES ON LONGER, WE ACTUALLY AVE CHANGED THAT LETTER FORMAT.

AND FOR THE BOARD AND FOR THE PUBLIC TO UNDERSTAND WHY THOSE LETTERS HAD A RESPONSE REQUIRED, WAS THAT JUST UP UNTIL LAST YEAR, IT DID MEAN SOMETHING.

BECAUSE IF 20 PERCENT OF THE NEIGHBORS DID NOT, YOU KNOW, HAD SOME NEGATIVE RESPONSE, THEN IT REQUIRED A SUPERMAJORITY VOTE FOR APPROVAL.

WE FOUND THAT THAT IS -- THE COMMISSION CHANGED THAT BECAUSE THESE COMMENTS COULD BE FOR SOMETHING THAT WASN'T COMPETENT SUBSTANTIAL EVIDENCE. SO WE HAVE CHANGED OUR LETTERS NOW, WHERE IT GIVES THE LINK TO THE QUASI JUDICIAL REQUIREMENT THAT NEEDS TO BE FILLED OUT, THROUGH THE CITY CLERK'S OFFICE AND THAT IS HOW WE'LL BE GOING FORWARD NOW.

SO THERE WILL NOT BE A RESPONSE, BUT IT DOES PROVIDE THE PUBLIC WITH THAT LINK.

SO IF THEY CANNOT SHOW UP IN PERSON, THEN THAT IS AN OFFICIAL RESPONSE AND THAT IS

HANDLED THROUGH THE CITY CLERK'S OFFICE. >> THANK YOU VERY MUCH.

>> YOU'RE WELCOME. >> I DID NOT DO KNOW THAT HAPPENED EITHER.

OKAY. MOVING ON. NEXT ITEM OF BUSINESS IS COMMENTS FROM THE PUBLIC. ANYONE HERE WOULD LIKE TO SPEAK, YOU CAN SAY ANYTHING YOU WOULD CHOOSE. NOT SEEING ANYONE. THE NEXT ITEM OF BUSINESS IS

[9. DIRECTOR'S REPORT]

THE DIRECTOR'S REPORT. >> CHAIRMAN, MEMBERS OF THE BOARD, I WAS GOING TO TAKE THIS TIME TO PROVIDE A RESPONSE THAT ONE OF OUR BOARD MEMBERS HAD ASKED ME TO.

GIVEN THE FACT THAT HE IS NOT IN ATTENDANCE TODAY, I WOULD LIKE TO PROVIDE THAT RESPONSE AT OUR NEXT MEETING, HOPEFULLY IT WILL BE A BETTER ONE. IT HAS TO DO WITH LANDSCAPING.

[10. BOARD COMMENTS]

ANY COMMENTS FROM ANY OF THE BOARD MEMBERS? >> YES.

CHAIRPERSON: MS. JOHNSON-SCOTT. >> THESE GET MORE AND MORE DIFFICULT. WE ARE BOUND BY STATE LAW, BUT WE KNOW WHAT WE WANT OUR PROPERTIES TO BE AND WHY WE BUY PROPERTIES IN CERTAIN AREAS. IT JUST GETS REALLY REALLY DIFFICULT TO HEAR ALL OF THE COMMENTS FROM THE PUBLIC. AND KNOWING THAT YOUR HANDS ARE ESSENTIALLY TIED BY THE LAW, UNLESS THERE IS SOME -- IT HAS TO BE REALLY PLAIN, REALLY

[01:30:14]

HEARING THESE PEOPLE AND FEELING THEIR PASSION AND THEIR SPIRIT, IT IS EXTREMELY DIFFICULT. CHAIRPERSON: IT IS DIFFICULT. YOU'RE ABSOLUTELY RIGHT.

ANY OTHER COMMENTS? NONE. THANK YOU VERY MUCH.

APPRECIATE EVERYBODY'S EFFORTS. KEEP UP THE GOOD WORK. AND DON'T FORGET, WE LIKE TO HEAR FROM EVERYBODY. YOUR FEELING INDEPENDENTLY MAY BE THE FEELING THAT CHANGES THE MIND OF ANOTHER BOARD MEMBER ON

* This transcript was compiled from uncorrected Closed Captioning.