Loading...
2019.05.08_PB_Minutes_Regular• TOWN OF HIGHLAND BEACH • PLANNING BOARD MINUTES Town Hall / Commission Chambers Date: May 8, 2019 3614 South Ocean Boulevard Time: 9:30 a.m. Highland Beach, Florida 1. CALL TO ORDER: Chairperson David Axelrod called the Planning Board Meeting to order at 9:30 a.m. He asked all present to please silence all cell phones/devices. 2. PRESENT UPON ROLL CALL: Board Member Harry Adwar Board Member John Boden Board Member Warren Lewis Chairperson David Axelrod Town Attorney Brian Shutt Town Clerk Lanelda Gaskins Deputy Town Clerk Beverly Wright ABSENT: Board Member Evelyn Weiss Vice Chairperson Michael Kravit 3. PLEDGE OF ALLEGIANCE: The Board Members led the Pledge of Allegiance. 4. APPROVAL OF THE AGENDA: Chairperson Axelrod asked if there were any additions, deletions or corrections to the Agenda. Member Adwar stated he wished to speak about the crosswalk lighting. Town Clerk Gaskins added this to the Agenda under New Business as Item 8B. MOTION: Chairperson Axelrod moved to accept the Agenda as amended. The motion passed unanimously. 5. PUBLIC COMMENTS: Planning Board Regular Minutes Wednesday, May 8, 2019 Pale 2 of 8 Chairperson Axelrod indicated Public Comments were limited to 5 minutes each. He asked if there were any Public Comments. There were no comments from the public. 6. APPROVAL OF MINUTES: A. March 14, 2019 Regular Minutes B. April 10, 2019 Regular Minutes Chairperson Axelrod asked if there were any additions, deletions or corrections to the March 14, 2019 Regular Minutes and the April 10, 2019 Regular Minutes. Hearing none, he called for a motion. MOTION: Member Lewis moved to approve the March 14, 2019 and April 10, 2019 Regular Minutes. Member Adwar seconded the motion, which passed unanimously. 7. OLD BUSINESS: A. Continuation on discussion of proposed ordinance relating to: 1. Vacation Rentals. Chairperson Axelrod reported this item was regarding short-term rentals such as Airbnb, VRBO, etc. He stated the State Bill regarding short-term rentals was put to rest by Legislature last week. Member Lewis asked if the requirement for a telephone landline was removed from the ordinance and if the parking requirements were amended. Town Attorney Shutt responded in the affirmative; parking needed to meet current zoning requirements. Member Boden asked if this ordinance met all State standards so as to avoid possible litigation. Town Attorney Shutt responded he could not guarantee the Town would not be challenged, but he was certain the Ordinance was in line with State guidelines and standards. Town Manager Labadie suggested language be added which referenced condominium documents and indicated the ordinance was not in place to "modify, change or limit the scope" of existing condominium documents. Town Attorney Shutt responded he felt this could be done, but carefully. Town Manager Labadie noted he went through the Airbnb, VRBO and Fido Condo web sites and discovered approximately 15 homes for rent; however, in order to determine the actual number of short-term rental homes in the Town the web sites would need to be monitored year round. Chairperson Axelrod noted Hostcompliant.com was an interesting web site, which made recommendations for inclusions in Town ordinance. He reported the web site suggested Town Ordinance include a "representative must be available 24/7" requirement, either an owner or an agent, in case of emergency. Town Manager Labadie agreed with the recommendation. Chairperson Axelrod noted the ordinance did not discuss violations, such as number of violations prior to a permit being revoked, and this information should be included. Town Attorney Shutt noted violations would be handled through the Code Enforcement process. He stated he needed Planning Board Regular Minutes Wednesday, May 8, 2019 Paae 3 of 8 to investigate the ability to revoke a permit; especially given State Statute indicated municipalities could not prohibit vacation rentals. Chairperson Axelrod asked if there was any Public Comment regarding this Item. Carl Gehman stated he lived in Highland Beach Villas. He stated Highland Beach Villas included eight villas and only one owner was in residence (himself). He stated he had lived in this villa for five years and there were numerous people, which lived there for anything from two weeks to three months. He noted this activity had increased over the past two years and visitors came from all over the world. He stated he worried the Town would not be able to exercise any control over the activity. Rick Greenwald stated he lived on Tranquility Drive and he felt the ordinance was pretty stringent. He asked if homeowners and condominiums owners, which rented property out seasonally, were following the new ordinance requirements. Chairperson Axelrod responded in the negative. Rick Greenwald stated he worried about the unintended consequences of the ordinance. He asked what would happen when residents refused to follow the registration process. He asked how the ordinance would be enforced. Chairperson Axelrod stated he understood short term rental was defined as a less than 30 day rental. Town Attorney Shutt responded in the affirmative; any rentals over 30 days would not be regulated through this Ordinance, but should be regulated through condo association policy or regular rental policy. Discussion ensued regarding the definition of short term rentals. Mr. Greenwald asked if the rules which applied to short term rentals also applied to rentals over 30 days. Town Attorney responded in the affirmative. Carol Stern stated her address was 115 Russell Drive. She stated she understood if an individual rented for a period of time less than 60 days an extra bed tax was incurred. She asked if this bed tax applied to short term rentals. Town Attorney Shutt explained the bed tax applied to all rental periods less six months. Discussion ensued regarding the bed tax, homeowners being responsible for the bed tax for any rentals under six months, the permitting putting into effect controls, spot checks by code enforcement, the ordinance enabling the Town to follow-up and enforce such things as the bed tax, knowing who was renting property, associations having requirements regarding who rented property, and AirBNB-type booking companies making arrangements with the County to pay taxes. Douglas Hillman stated if Town Code indicated rentals less than 30 days were not allowed, then there were gross violations in this regard. He noted Miami -Dade, Broward and Palm Beach Counties were collecting revenues for Airbnb properties in the millions of dollars range. He noted there were 6800 hosts in Miami Dade, 3200 hosts in Broward, and 1600 hosts in Palm Beach County. He noted Airbnb only indicated 5 to 8 host homes available for short-term rental in Highland Beach, but he understood this number would grow. He stated Pompano Beach had a registration process and an application process which included an inspection, along with a per - rental fee. He stated if Highland Beach requirements were too arduous residents would ignore the process. Discussion ensued regarding per -rental fees, permit fees, annual fees for landlord permits, and application fees. Planning Board Regular Minutes Wednesday, May 8, 2019 Pa -e 4 of 8 John Ross stated he lived in Casuarina. He stated when a home was rented out in its entirety per week year round this changed the home into a motel type commercial property which was not permitted. He stated if the Town was going to rezone to allow Airbnb commercial properties the properties should be taxed as such. He reported Airbnb collected taxes for the municipalities, which would simplify the situation. Commissioner Donaldson stated his address was 3700 S. Ocean Blvd. He suggested the Planning Board discuss the feasibility of overlay zoning districts for Airbnb exclusively. Mayor Rhoda Zelniker stated she lived in Regency Highland and was speaking as the President of Regency Highland. She stated her Condo Attorney explained there was cause for concern for condos with regard to constitutional rights. She noted she had concerns about the possibility of companies such as Marriott or Hilton purchasing a home and marketing said home as a vacation rental. She explained if this happened the home would be considered a motel. She noted Boca Raton defined Airbnb's as hotels. She asked what would happen when a commercial company offered to purchase homes for this purpose. Town Attorney responded the Town could not stop a corporation from purchasing properties; however, zoning code impacted the use of the property. Chairperson Axelrod stated if Marriott purchased local homes for vacation rental promotion, Marriott would operate under the same restrictions and ordinance as citizens who purchased multiple homes for short term vacation rentals. He noted often management companies handled such homes and Marriott would be required to follow the same rules as any management company. Carl Gehman reported a gentleman purchased three properties near his home, which were being used as Airbnb's. He stated he disagreed with the idea of only permitting Airbnb's in certain overlay districts. Chairperson Axelrod agreed. Commissioner Peggy Gossett -Seidman stated she was present as the Secretary of Bel Lido. She read a few excerpts from Wired and NPR radio regarding Airbnb, which indicated Airbnb, did not collect taxes for municipalities, but asked homeowners to sign tax collection agreements, Airbnb spending millions to overturn regulatory legislation, and how Airbnb was affecting other areas negatively. Chairperson Axelrod called for a motion with the recommended changes to be passed on to Town Commission for further review. Member Lewis moved to send the Proposed Ordinance to Town Commission with the recommended changes. Member Boden seconded the motion. Discussion of the motion ensued. Member Boden stated he felt it was important to get a regulation on the book as soon as possible; the ordinance could be adjusted as needed following approval. Member Lewis stated there were many things the Town did not know regarding this ordinance. He suggested creation of a committee consisting of lawyers, real estate experts, and Airbnb experts to review and make recommendations regarding this ordinance. He suggested investigating what was being done in other towns. Member Boden agreed with Member Lewis. He recommended having a discussion with Airbnb representatives as well. Member Adwar agreed. Member Lewis Planning Board Regular Minutes Wednesday, May 8, 2019 Page 5 of 8 suggested a motion to form task force, by the Commission, of the right individuals. Member Adwar stated he would second such a motion. Town Attorney Shutt asked for clarification regarding the ordinance the Board recommended sending forward. Discussion ensued regarding the motions, the recommendations for inclusion of violation consequences, condominium rules, and 24/7 manager availability, making two motions, keeping the motion as stated and sending suggestions to the Commission separately. The Board agreed to keep the original motion and send suggestions to the Commission separately. MOTION: Member Lewis moved to send the Proposed Ordinance to Town Commission with the recommended changes. Member Boden seconded the motion, which passed unanimously. UPON ROLL CALL: Member Lewis - Yes Member Boden - Yes Member Adwar - Yes Chairperson Axelrod - Yes The motion carried 4 to 0. 8. NEW BUSINESS: A. Application #19-0061— Consideration Of A Site Plan Approval For The Construction Of A New Concrete Dock And Seawall Cap Extension/Replacement With Placement Of New Precast Concrete Batter And Ding Piles Application 919-0061 — Consideration Of A Site Plan Approval For The Construction Of A New Concrete Dock And Seawall Cap Extension/Replacement With Placement Of New Precast Concrete Batter And King Piles, Located At Subject Property, 4411 Intracoastal Drive, Highland Beach, Florida. Applicant: Peter Corrales Chairperson Axelrod asked if the Board Members had any ex parte communications to disclose. There were none. Chairperson Axelrod opened the Public Hearing. He asked Town Clerk Gaskins to swear in all witnesses. Town Clerk Gaskins complied. There were three witnesses. Building Official Massie reported the above proposal was for 122 linear feet of seawall cap with 21 prestressed concrete batter piles to reinforce the existing bulkhead, 9 prestress concrete king piles, with 5 prestress concrete dock piles, and a 5 foot dock extension, meeting the 25 foot setback to the neighbor adjacent. He stated this was a major modification of the existing structure which required site plan review under 3069A1 which left the Planning Board as the decision making authority. He noted FDEP approval was obtained and. separate Army Corp authorization was not Planning Board Regular Minutes Wednesday, May 8, 2019 Paae 6 of 8 required. He noted the plans were reviewed and Staff determined the plans conformed to Florida Building Code and Highland Beach Code of Ordinances. Member Boden asked if the dock would interfere with neighboring canal owners. Building Official Massie responded in the negative. Member Boden asked if a lift was included. Building Official Massie responded in the negative. Member Lewis asked if there were any exceptions to Highland Beach Code. Building Official Massie responded in the negative. Chairperson Axelrod asked if this was a repair of the cap, as opposed to the seawall. Building Official Massie responded in the affirmative; the bulkhead was not being altered; only the seawall cap was being replaced. Chairperson Axelrod asked if there were any Public Comments. Hearing none, he closed the Public Hearing. MOTION: Member Boden moved to approve Application No 19-0061. Member Adwar seconded the motion. UPON ROLL CALL: Member Boden - Yes Member Adwar - Yes Member Lewis - Yes Chairperson Axelrod - Yes The motion carried 4 to 0. B. DISCUSSION OF CROSSWALKS (THIS ITEM M/AS A-01.)EI:I 'TO THE AC. ENI).A►.) Member Adwar discussed the state of insufficient protection current provided by the crosswalks. He noted there were many problems crossing the street, especially during the day when the lights were not easily visible. He stated the crosswalk in front of his condo building was unsafe. He suggested installing lights which were highly visible to motorists, as well as pedestrians. Town Manager Labadie reported an engineering firm was designing a plan to enhance the existing crosswalks (due 180 days from project start date which was 30 days ago). He explained the plans were required to be approved by the Florida Department of Transportation (FDOT); FDOT would not allow red light installation at crosswalks, but the yellow light visibility, pedestrian visibility and motorist visibility would be highly improved. He reviewed ideas the crosswalk plans would incorporate. He stated he hoped to have the plans ready in six weeks for review. Member Boden discussed the seriousness of the crosswalk situation and the importance of safety precautions and proper lighting. He stated he looked forward to the new improved crosswalk plan. Member Lewis asked Chief Hartman about the possibility of police enforcement regarding crosswalks. Police Chief Hartman indicated the police did write tickets for not stopping for the crosswalks. He explained the biggest problem was rear -end accidents caused by decreased visibility at the crosswalks. Discussion ensued regarding photo technology taking pictures of Planning Board Regular Minutes Wednesday, May 8, 2019 PalZe 7 of 8 crosswalk offender's license plates, problems with specific crosswalks, visitors being unaware of proper crosswalk protocol, the possibility of brighter wattage light bulb installation as a stop gap solution, the current crosswalk light being a test light only, once every crosswalk had proper lighting the crosswalks would be more effective, money being in the budget for the crosswalks, the possibility of an electric sign which displayed the cost of crosswalk violations, message boards which warned motorists of the crosswalks, too many signs preventing motorists from noticing pedestrians, removal of random signs with no purpose, directing motorists attention to the road, removal of overgrown foliage which prevented crosswalk visibility, the importance of pedestrian education, and providing all condominium associations with an instruction booklet regarding proper crosswalk use to distribute to residents. Doufzlas Hillman stated his address was 4748 S. Ocean Blvd. He indicated the crosswalk situation was an acknowledged life safety issue which required immediate action. He suggested the use of yellow flags; pedestrians could carry and wave a yellow flag while crossing the street to improve visibility. He stated as the President of Boca Highland he was required to take steps to improve the situation and he felt the Town needed to take responsibility immediately, not wait for FDOT. Carl Gehman agreed the flags were an excellent idea. John Ross stated yesterday while walking his dog he observed a pedestrian with a walker attempting to cross the street almost being hit by a motorist. He reported condo associations were considering enlisting crossing guards to assist which could be disastrous. He disagreed with the use of flags as he worried residents would get the impression holding a flag ensured safety. He noted flashing lights could be installed within 48 hours and waiting 180 days for the crosswalk plans to be completed was unacceptable; action needed to be taken immediately. Carol Stern agreed with Member Adwar regarding the current lighted crosswalk. Chief Hartman stated the Police would focus on crosswalk safety enforcement until the crosswalks were addressed. He stated the Police Department would have new problems to address upon crosswalk installation such as pedestrians being emboldened by the blinking crosswalk light, etc. He commented he felt the yellow flags and crossing guards were a bad idea. 9. ANNOUNCEMENTS: Town Clerk Lanelda Gaskins made the following announcements. Code Enforcement Board Meeting - May 14, 2019 at 2:00 PM Board of Adjustment and Appeals Meeting — May 20, 2019 at 9:30 AM Town Hall Closed for Memorial Day — May 27, 2019 Town Commission Workshop Meeting - May 28, 2019 at 1:30 PM Planning Board Regular Minutes Wednesday, May 8, 2019 Palze 8 of 8 10. ADJOURNMENT: Chairperson Axelrod called for a motion to adjourn at 10:53 a.m. MOTION: Member Lewis moved to adjourn. Member Adwar seconded the motion, which passed unanimously. The Meeting was adjourned at 10:53 a.m. APPROVED at .IuIy 10, 2019 Planning Regular Meeting: �'';'�, "� �'•, , �� avid Axelrod, Chairperson ATTEST. Transcribed by: TEI/he CBe)ry A Wrig t Date Deputy Town Clerk