CONDITIONAL USE REQUEST (REGULAR) - Camping Oasis, LLC - Approval of a Vacation Rental/Short Term Rental in a R-1MH Single-Family/Mobile Home District - Northwest Pasco County - on the East Side of Amanda Avenue, Approximately 265 Feet South of Hudson Avenue Memorandum PDD20-CU27

26:33I motion passes four zero. Thank you so much. P twelve. P twelve. And I know we do have people Before on the kiosk and I think actually on the line too. So

26:43we have one on the line and two on the kiosk.

26:45So we'll go ahead and Hand it over to Mr. Hernandez.

26:48I'll do the publication.

26:49Please do.

26:49Item P twelve was published in the Tampa Times May twenty-fourth, twenty twenty.

26:54Thank you.

26:54Okay. Commissioner Starkey's Planning and Development Department. I'm gonna do a full presentation on this one because this will be the first conditional use for a vacation rental that you hear. So it's P D D twenty C U twenty seven is conditional use approval for a vacation rental, also firmly known as short term rental in an R One M H single family mobile home district. Uh next slide please. It's located in uh On the east side of Amanda Avenue, approximately two hundred and sixty-five feet south of Hudson Avenue. Next slide. Subject

27:25site contains a single family dwelling and was previously used as a regular long-term rental. On December 3, 2018, the property owner received an ordinance violation warning notice for operating the site as a vacation short-term rental without prior approval. So today the owner is seeking approval in order to resume the use of the site as a vacation rental, also known as a short term rental in accordance with the land development code, section four o two point five B. Next slide.

27:52Vacation rentals, formerly known as short-term rentals, are defined as dwelling units that have been advertised as available more than three times per year for periods of fewer than 30 days at a time for use, occupancy, or possession by persons other than the owner. The Land Development Code provides in 402.5 B that except for vacation rentals grandfathered pursuant to ordinance 9921, existing or future dwellings may not be utilized for vacation rental purposes unless specifically authorized through the Master Plan Unit Development District process

28:22or the conditional use process. The subject application, one of the requirements to submit the application is that you have to have a petition in favor of a minimum of 51% of the lots and in this this is in the Gulf Breeze Heights subdivision recorded plan. Which the applicant did provide. The applicant provided um a uh an actual um signature signatures of fifty-three point eight percent of the lot owners. So this is a

28:52surrounding zoning. The surrounding zoning as you can see is uh north uh R1MH to the south R1MH. And uh it consists of a total of today, under today's standards it has a total of eleven lots, but these are all uh part of a total of fifty uh two lots that have been combined into a total of eleven lots. So there's eleven or ten owners out there right now. The future land use, um, the following slide please is retail office residential. As you can see, this parcel is located uh just

29:22south of Hudson Avenue and you see uh US 19 to the east.

29:29Following slide. Access to the property is from Amanda Avenue. It shows the access. And this comes to you with a recommendation following slide of approval with conditions, basically asking that requesting that the applicant would have to comply with the requirements of the Land Development Code 402.5B, which includes approval notification requirements, registration, which is an annual registration, and requirements for operation. Also that the applicant comply with the requirements of the county's tourist development tax and collections, Chapter 102

29:59of the Pasco County Code and Section 125.0104, Florida statutes.

30:08Following condition is also that the applicant comply with Pasco County Vacation Rental Reopening Plan for Vacation Rental Operation during the ongoing Safe Smart Step-by-Step Pen for Florida's recovery. The following condition is just a revocation condition. If the applicant does not follow the conditions of approval, it could be revoked. and um your standard condition that the um acknowledgement form be signed. This comes to you with a recommendation of approval with conditions from both the planning and development department and the planning commission.

30:39I'm here with any questions and I know we do have the applicant who is on WebEx and I believe we too we do have two people at the kiosk.

30:47Thank you, Mr. Hernandez. Um I'll answer any questions from the board, or shall I answer any questions from the board before I move on to public comment? Mr. Mariano?

31:00Uh Dennis, let me ask you a question. Uh reading through the agenda, there was like violation after violation from fires being set to

31:10Disturbed sheriffs going out there, deputies going out there. Can you Tell me have all those have we looked at all that in

31:17Yes.

31:19Sure. So um I can speak to um the items that have that are under code enforcement, and those items have all been closed, including this particular violation, and um Miss Maricella is on the on WebEx and she can answer that as well. Um that she stopped renting the place out under the short term rental criteria, so the less than the thirty days. Um as far as I am concerned and uh we did check with code enforcement Um Officer Victoria. Yeah, she

31:49did state that all the code enforcement items had been closed.

31:53Okay. Uh is the R V still out there?

31:58No.

32:00Thank you.

32:03Questions? Well

32:05I I

32:06Commissioner

32:06Starkey had this um ability to get short term rentals. So I'm sure there are a lot of people that need to come in and go through this process.

32:17Yeah, I think that's why it's a good idea to kinda go through the ordinance a little bit with you because we're we're probably gonna see a bit more in the in the future. Yeah. So um

32:28as far as safety, you did say someone goes in and checks to make sure that this this is safe for guests to stay in?

32:35Um that's that's part of the um the uh reopening plan from the state of Florida, um from the governor. Yeah.

32:43So who from the county checks these things?

32:46Um I don't know if we actually check it or that's done by uh the state. The

32:53state's gonna check all the short term rentals? Yeah, I don't think so. I think that I think that falls on us.

33:01I don't think our plan has us inspecting every one of them. It's on the owner to comply with the plan.

33:10Well it w it would be good to check that out.

33:13If that's okay, I can answer that question if I'm and correct me if I'm wrong. Um under the governor's order the before we opened up short term rentals in the county again we had to submit a plan to the state and that plan was accepted by the state, which therefore allows us to start allowing short term rentals again. So they accepted the plan, so whatever plan was submitted by the staff, they It was accepted.

33:37That's correct, Mr. Chairman. And as the administrator said, the way that the plan was done by Pasco County was to put that onus on the short term rental operator.

33:48Yeah, and the short term rental operator submits the their plan to us exp explaining how they're doing hygiene, the different things that they're doing.

33:55And we have that in here? Did

33:57I

33:57not see it?

33:58This one hasn't it hasn't been approved, so we're not we're we're it's a condition of approval.

34:03Okay, so once they get this, then they'll have to submit a plan. Absolutely, yes. Okay.

34:12There's there's a certain amount of basic safety that has to occur in these, so Okay.

34:18Any other questions? Okay, so um let's go to the applicant first.

34:27It's uh Miss Marisella. Um

34:33Okay. Um ma'am, you have the you have the floor, you're the applicant. So um if you would like to state make a statement you'll you're able to and then there may be questions from this board too for you too.

34:45Okay, I'm not sure if the camera is capturing my image because I see it's a little dark.

34:49Yeah, so uh Hammer, can I give you a suggestion? Um see that that window behind those blinds behind you. If you shut those, you're just backlit right now. It'll probably help the situation.

35:11We

35:13Yeah okay. Let me just get her going for a second. Thanks. Okay. There you go. I can see a little bit. That's good. We can keep it there. Now name and address for the record, please.

35:23Okay, um so yes, I'm Marisella Anziani. I'm the owner um and sole proprietor of Camping Oasis, which is um the name of the business uh and the property that I I'm trying to get the conditional use um approved.

35:37Ma'am, before you start, um can you provide the address and also whether or not you have been sworn?

35:43Uh yes, I'm at 14134 Amanda Avenue. This is Hudson, Florida, 34667. And uh

35:53Did you did you swear to I can go ahead and swear yin again.

35:57Do you swear or affirm the testimony that you're about to give is the truth, so help you God.

36:04Yes.

36:07Okay, I also want to state that I got um the neighbors here um to kind of uh reiterate what I'm gonna say. I got John Merritt and I got uh Sims Henry. Um John Merritt is from [address removed] and um since it's from the RV World who owns about six properties in this subdivision.

36:32Okay. Okay. So if they would like to speak, we would have to um swear them in and they would also have to be Um put in the Q. Mr. I mean how's how would

36:47you take the applicant's comments first. Uh she did register that the other people would be with her, so then we'd go with three minutes for the other two people that are with her and then we'd move out to the kiosk.

37:02Okay, great. Thank you. All right. So if again whoever's up next, what if you're you said you have two people there. I can see one gentleman and I think I see somebody to the left. So if that person can state their name and address for the record, uh we will start the three minutes.

37:17And I need to know that they've been sworn.

37:19And if you been have you all been sworn? No, you can go ahead. Okay, why don't you both put your both both of you put your hands up and we'll swear you in again.

37:26Your right hand, thank you. Do you swear or affirm the testimony you're about to give is the truth, so help you God.

37:32I do. I do.

37:33Great. Thank you. State your name and address for the record and then you can begin your comments.

37:39John Merritt, [address removed].

37:46Great. Anything you'd like to say, sir.

37:49Uh just briefly, yeah. I live directly next door. To the property. If anybody's gonna in the neighborhood's gonna be negatively impacted by this, it would be me. And I hear that. No objection to this at all. I have full confidence in what she's doing. She's very responsible. She takes very good care of the property. Oh yeah. I'm very, very comfortable with this situation. A lot more than if she rented out long term to maybe young kids or something like that. I

38:20think this is a a lot better way to do it for the neighborhood, for commerce. Right, but it's just a win win for all of us.

38:35Uh my name's Sims Henry. Uh my address is [address removed].

38:42Okay.

38:44Can you hear me okay?

38:45Yes we can.

38:46Okay, good. Yeah, mine's simple too. Uh Maricell's done nothing but upgrade. Dope. The presentation. Um she's very hands-on and uh It's just pretty simple.

39:04Bettering the property.

39:08Thank you, sir. And uh we're gonna put you guys on hold for a second here while we go ahead unless there's any questions from the board. I'm sorry. Any questions from the board for the applicant? Seeing okay, seeing none. Um we're gonna put you guys on hold, stay put. And we will move to

39:26Person on the phone first or we're gonna go ahead and go to the uh The the hallway.

39:31Doesn't have any.

39:33Oh we don't. Okay, so let's go ahead and go to the lobby and whoever's up first, if they could um If we can.

39:43Okay. If we could have Ms. Hi. Hi Ms Deegan. If you could um let us know if you were sworn or not earlier. Where

39:51I have been sworn. Thanks. On [address removed]. Amanda Ave is not a part of a subdivision, but a tiny 40-foot wide infection private dead-end road that has been closed off from all the commercial zone lots on the south end of Amanda Avenue for about 15 years, including where RV World is and Mr. Sins Henry. There is only five residential structures, and three of these have been and remain homestead. Properties. The Planning Commission hearing in June voted

40:21to approve the special exception on the basis of generating tax revenue. My residence directly across the road from Camping Oasis was purchased in 2012 to retire here. Since the illegal operation of setting up multifamily dwellings on 14134 Orlando with the rental of the RV in the back and the front structure with short-term rentals, I have had Issues with the property. Owner Maricella of Camping Oasis, her family and renters parking out in the road, blocking my ingress and egress to back down to my driveway

40:51into the garage. To make the situation worse, Camping Oasis erected a chain link fence out into the road without securing boundary surveys of 14134. Since April 2019, two garbage cans continuously remain outside the chain link fence. In the actual road, even when empty. I've had problems with vacationer dogs let out without leashes who defecate on my property and the mess is left for me to deal with. Vacationers have invited additional company and held parties into the night. When not rented out, Maricella

41:22herself invites overnight guests and has parties into the night at the property. In the June 2020 hearing, Maricella stated Airbnb. verifies old guests. Not true. Airbnb has identity information only on the person that books the reservation, not the other guests. It has come an occurrence in the industry for the person booking to bring more guests than noted on the reservation. For this reason, owners place a camera at the front door entrance. Camping Oasis has such camera at the entrance. I incurred a theft while the illegal short term rental

41:52business has been in operation. Since 2018. In June, the June hearing, John Merritt at [address removed] stated he knew if there was any issues with renters at 14134. But that is not possible as Merritt just moved on [address removed] in January 2020 after purchasing the property from Camping Oasis December 2019. I object to granting a special exception to allow short-term rentals. For camping oasis at the property, which was an annual rental when purchased

42:22by Marisella in 2007 and should remain the same. We had no problem with the annual rentals. This is my homestead. My rights should be preserved, keeping the private roads, the same way it was in 2012, knowing the people coming and going. Maricella is a Florida licensed real Two thousand seven and she knows she was in violation renovating the property without building permits, using unlicensed contractors operating two units on the short term rentals on this property, not zoned for it. The special is ex special exception should not be granted

42:53at the expense of the homeowners who reside here and purchased our property before.

42:58Thank you, ma'am. Okay, we do have somebody else. Is that Miss is that Jeannie Bruno Bruno? That is what I have. Okay. Hi, Ms. Burrino.

43:09Okay. Name and address for the record, please.

43:11My name is Janine Bruno. I live directly next door to Marsella Anziani at [address removed].

43:19Thank you. You can start your comment.

43:21Okay, um my comment is that um when I bought purchased this property, I've retired as working as a nurse for 20 years. I came down here, it's a quiet den on the street, I thought it was residential. Maricella had my ex-husband do all the work on the property. I let her know he's not licensed or contracted. Everything done on the property was illegal and very dangerous. She came to me complained and said, Don't complain to me because you knew it was all illegal what you were doing here. Um since she was ready. Renting out the ha the property every day, different people come, they would throw Heineken bottles in my backyard, denting my friend's car.

43:52Um, I made a comment to Maricella about um the transients and the smelling of drugs and the blasting of music, even with my TV on the loudest number, with my AC running, I can't even hear myself. And I had four kidney surgeries in the past six months. And um it just something that living in a residential area I shouldn't have to go through. It's not right. It's not legal there. And I'm I usually get along with all my neighbors just fine. I have no problem with it. But you know, when somebody dents my friend's car with a Heineken bottle and the next day they're gone,

44:22where am I gonna go to look for them? But I told her about that and she said she got money for she made a claim to can't camping oasis because they wrecked her house too while they were there, but then they didn't fix my friend's car and they didn't do fixing damage on my property. Also, animals come sometimes when the rentals they got in my backyard and almost killed my two two hours. Now why do I need all this transience when I bought it on a dead end private road? I purchased this house to retire in and I don't need it looking like a hotel with 20 kids screaming at me, cursing, being belligerent in my backyard drunk. When I ask them

44:52to lower the music and be quiet, they curse at me and say sexual things towards me. This is not what I need being sick like this. I purchased a property in a residential area for it to be residential, not zoned out every other night, her hands in the towels and not knowing what the hell's going on there. Two times when Maricella wasn't renting and she was there, she left a fire going in the fire pit, which where the fire department had to be called. It was blowing towards my property. My house could have burned down. This is all very dangerous and I I don't think it should be allowed. It's

45:22a dead-end street. There's only five houses on this dead-end street. These camping, the RV world, that's all, that's not even near this. This is a quiet area that I purposely bought to have a quiet retirement, not have kids in and out blocking things, cursing me out, saying sexual things, unzoned, illegal stuff going on, drinking drugs. I don't need this. I don't want to live near this stuff. It's not right. shouldn't be have to put through this. Annual's fine because I know who's living there, but every day a different person is not right and it's not fair to me being

45:52a homeowner and homesteaded there. I don't agree with it at all. I'm sorry. Thank you.

46:07Yep. And I need to go ahead and take this off the hallway if we could at this time and go back to the applicants. And Commissioner Starkey, go ahead.

46:16So I I just tried to look at the site on Google Earth and I there's w are there two proper So the So you've got this blue house? And then you're gonna put an R V. Uh

46:36as well? There's two properties.

46:37No, I think the first are

46:41Oh.

46:43Frozen.

46:43I'm sorry. I I bought the RV for personal use and I was storing the back. I was keeping like all the uh linens and housekeeping stuff and and detergents and everything in the RV. Um a false accusation. I never rented the RV. I did put it on a website called Outdoor Seat because I was willing to rent it out so people can take it out. Um that kind of person. always looking for, you know, I'm an entrepreneur, so I'm always looking at ways to um make money and do business, but

47:14I did not have at any point anybody stay in the RV in the back. As far as um the drugs and I mean I have to say that um Darlene's son brought a lot of cops to the street. He was in December. Um he was even out of jail. So to say that drugs were here in this house, I think it's uh Um misleading. Uh I only had vacationers

47:44that are either uh snowbirds, um, they're they come from Canada. Um, only one time I had Floridians. There were young kids like Janine stated, and I did file a claim with Airbnb, which was just um resolved, and I'm sure those people got blocked from renting again. Um, I'm sure that happens when you know, you're doing business and you run into people that don't take care. Um, you know, but that was just one out of, you know, all the nice

48:14people that came through here. So um anything um that that I heard, I mean uh I stopped Um The short-term rentals once I got the code violation, but um or code violation, but I think Darlene is the kind of person that likes to use and abuse the government. And she kept calling code enforcement. Victoria kept calling me and saying, Hey, I got another complaint. And I said, go ahead and knock on their door. They're there for 30 days,

48:44they're there for two months. Um, as far as the the law enforcement, she's called law enforcement on me several times, and I'm sure the records show that I wasn't doing anything wrong. There's just parked cars parked on the street that's she says they're blocking her driveway, but it was not the case. Either way, I always told uh the officers that I would move the vehicle so that it wouldn't uh be any problem. I try to approach her. Um in a civil matter a couple times I have video of her trying to run me over. I just wanted

49:15to talk to her. Um, my neighbor tried to mow the lawn right here. She called the cops for that the first time. I said I called the county and I told them that I wanted to clean this because there was a lot of snakes and rats and all kinds of animals. Even um homeless people were kind of hiding behind there. So I was like, let's clean that up and you know, and just uh try to maintain it. So I called the county and public works couldn't come out because they said that that was um owners that had to clean it up. So I started

49:45cleaning it. She called the cops, but the second time they showed up, they actually gave her a ticket for not cutting her grass. So, I mean, I think I'm trying to contribute to something good. I'm trying to clean up the place. I'm trying to um Janine stated illegal drugs here. She, I am a witness, and I have a text from her that I can show that she had people selling drugs from her house and doing shady things. And I know Darlene's got that on camera because she's got cameras pointing to everything. Everybody's

50:15home on this street. If Linda was available, she would also come and say that that's kind of an invasion of privacy.

50:34John Merritt uh

50:39okay. Sorry.

50:40Well I muted her but then she's got five minutes.

50:44Five minutes.

50:47Yeah, she gets three minutes for rebuttal. That's what your rules say.

50:51Marisella, Marisella, I don't know if you can hear me. Oh, but she can't hear me.

50:56Yeah. Marisella. Mari Sala. Marcella, can you hear me? Okay, so we only had so much time for rebuttal, okay, so now we have to go back to the board. Okay.

51:08Um Commissioner Commissioner Mariano, did you have a step of the M.

51:10Yeah let me let me ask so all the code and violations were f fixed. So all the legal construction was corrected? The

51:17code

51:17violations were

51:19not a good idea. I believe she's in the process of taking care of those right now. Can we add Well it takes a period of time to get building permits and things like that. So perhaps we need to ask her that question.

51:32So yeah, you can uh a commissioner can ask a question. So hold on, just you can Marisella, hold on, Marisella, please. Um So just answer the commissioner's question. We can't talk about other things now, okay? So if you can answer the commissioner's question, please.

51:46Uh yes, I am in the process of t um Asking for all the permits, the portion of the house that I modified, that's been corrected and it's all good. It's just unpermitted work now that I'm dealing from 2002 and 2004. And because I am in a flood zone, I have um I'm probably gonna have to make an appraisal after all this because I'm exceeding the 50% improvements for properties in a in a flood zone. because of this 2002 and 2004 unpermitted

52:18work. So I am in the process of working with the county on this because obviously all this is after the fact.

52:24No. That will be a struggle, I'm sure. Um next question for you. When I'm looking at the listings part of the feedback that we got. Uh there's a gentleman named Patrick that says creatures in the attic, random people knocking on the doors throughout the night and day. She's renting an RV out in the back. That's all random two. Oh, it's behind a very busy Let me finish. Uh oh it's behind a very busy shopping positive never seems to close. Um Then you respond back, Patrick, I apologize your stay wasn't

52:54as you expected. However, I can tell you that first there are no monsters in the attic. One second.

53:09Squirrels running in the roof. Second, neighbor had friends over coming over there were happening to be knocking on my door. Third, the R V was not rented during your stay, but is mentioned in the listing that I may be renting it out to other Airbnb guests. So you made a comment that you don't rent it out, but at the same time in your comments here you're saying you do rent it out.

53:29No, I've never rented the R V. Now I I'm learning about all this and the minute that I found out that I cannot do vacation rent. Um I I bought the the RV also with the intention of making money. But I did not rent it to anybody because of all this that I was learning from code enforcement. So, no, at any point did I rent that RV.

53:54Any other questions, Commissioner? I'm good. Okay. Qu any qu other questions from any other board members? Commissioner Oakley.

54:03Well I I am looking at photos that it looks like a little bit of a little bit of a little Did you drive through your neighbor's vegetable garden? I don't do you see these pictures, guys? I don't know if that's relevant, but I'm not sure. Probably not relevant, so

54:19Okay.

54:21Any other questions for the applicant at this time? If not, I'm gonna bring it back to the board. So if we go ahead and um go back to the regular camera Please. Thank you, ma'am. Okay. So it's t it's to the board? Any other questions for Ms. Hernandez?

54:40I do.

54:40Go ahead, Mr Commissioner Mario.

54:42So

54:45Yeah,

54:45cool,

54:45cool, yeah, sure.

54:48Um you know w when I look at a property that is in violation And it's the records show that it's had violation for over two years plus and it still hasn't been resolved yet. Um I don't know where we're gonna do. look at to approve this right now until that's all done. I mean uh are we we're being a little premature bringing this forward? Because is is the structure inhabitable the way it's set right now?

55:10I don't know that the that there's any question about the structure being habitable. I think what Ms. Marisella was speaking of is that she's dealing with building permits for unpermitted work. uh that occurred prior to the time that she uh purchased the property in two f between 2002 and 2004. And because she's dealing, as I understand and she could probably correct me, because she's dealing with that and because though that puts her over the 50% rule under FEMA, there's some additional steps that she's having to take, including sounds like

55:40obtaining a private appraisal. Um showing the um the value of the the actual structure. So I think she's having to show some additional things based on um Based on what's going on there.

55:55So Knowing that people and this one of the comments I think were either in there or said orally If there's danger for people that are coming in there because electrical might not have been done properly, plumbing the roofing structure or whatever was put into there, converting a porch to a bedroom. I mean you we could have some issues out there that I don't know if we really want people from uh in Airbnb product coming in there to go use that until this is done. So if we haven't got it in our ordinance, I'm guess guessing we don't they have to have a an approved

56:25living structure that's fully approved by permitting.

56:33I mean um We can potentially add a condition that states that it that the Building permits have to be secured prior to um it being used can uh the c the use as uh as a uh short term or vacation rental.

56:51Yeah.

56:52Mr. Chairman M Commissioner Mariano, so you

56:57Your ordinance is a very good idea. That assumes that the structure is acceptable for the purposes that it's being put to. I mean it it that's you normally don't get to a point where you've got a building that has violations and you're making a change to its land use. So I mean and I believe Mr Hernandez is right, if you wish to approve it You could put Something in the

57:27conditional use that says this doesn't become effective until all of your other things are R you can't rent it to the public until all these other things have been resolved that you've you've got outstanding with the building department. It But normally that That wouldn't be the the point I was trying to make is that wouldn't be part of your ordinance because you're only dealing with the uses that are occurring in a structure, not the structure itself.

57:56We can't change what we've already approved for this Airbnb ordinance because So we could still let let's legislate on the setup. Are there any changes?

58:06That's correct. It it's it's pretty much frozen in time. You're v you're grandfathered with the ordinance that you have currently. If you make changes to it, you lose that grandfathering status for the ordinance. Yeah,

58:17we have one further question. the area and I've been up there with the residents that uh at least one that spoke and uh so I've seen it, I've talked with it, and I I know the neighborhood. And as far as I'm when I look

58:31at the way it's drafted, it says you will have 51% approval of the area. Or you say

58:37Of the plat owners.

58:38It says lots.

58:39Mm-hmm. Yes.

58:40But if you go into this area, it's a dead end street. There's only like five there. Right. Are you based upon the five?

58:47It's based upon what the ordinance states, which is the owners of the plat. So um there's a total number of lots, which is 52 in that plat, which granted was recorded in 1925. Um currently, so there's uh Mr. Griffin who signed the the applicant. So there's

59:06a general area

59:07includes the fifty-two lots, which is today eleven parcel ID numbers. So seven of the eleven parcel ID number owners have signed. Okay. In favor.

59:18All right, I'm I'm good with my questions. Okay.

59:22Denise, I'm looking at the picture of the fence in front of a house. I thought the house was blue, but There's a f a truck driving into a property. The fence is backwards. The fence the correct fence application is the finished side is to the road and the structural side is to the inside. So will all will these mistakes get corrected at some point?

59:46That's not included in your condition. So if you want to include that in your condition, I would imagine that you can do so.

59:55Well,

59:58It's up to

59:58the board.

1:00:00Yeah, well I I would want the fence to be installed correctly.

1:00:05Okay. So if there was a motion you would want that included in the motion. Commissioner Weightman.

1:00:10I'm ready to make a motion. Um I'll move approval with the conditions of the fence is properly installed. As Commissioner Starkey has stated I'll also say that we'll have all the inspections done and approved, um so it's fully up to code. in our process.

1:00:30Um I'm gonna second with discussion. Okay. Um like I said I am a Uh a frequent user of short term rentals, but I have never had a disturbance where anyone was called on me and I sure wouldn't want to live next to one where a disturbance was called. So I think there's a responsibility to this property owner that she doesn't upset the piece of the neighborhood. Um and she has responsibility with her tenants. So I wanna

1:01:00say that we put a uh requirement in there that if You know, if the piece is disturbed X amount of times, then it can no longer be a short term rental. You have to have some some kind of responsibility for your community.

1:01:16You would have to

1:01:18Yeah, so change the

1:01:19motion. So you'd have to amend the motion.

1:01:21I would amend it that, you know, if there's more than three calls in a year. then it can no longer be a short term rental?

1:01:33So can I can I jump in the discussion real quick too? So I s and I see where you're going and maybe Mr. Steiner could jump in in a second too. How would we Quantify

1:01:46because we just don't want people just calling to

1:01:50say that. Um substantiated

1:01:55And who would who would be the one to follow that and h what and what department would actually

1:02:02Would it at all be helpful so that I read the revocation condition to see if perhaps that's something that would be good for the board? So this is your condition your proposed condition number five. This approval is subject to the provisions of the Land Development Code, Section 402.4.

1:02:21approvals. In addition, staff may initiate enforcement for violations of the conditions of approval by any of the methods available in the Land Development Code, Section one hundred eight, through revocation of the registration of the vacation rental or through revocation of the conditional use pursuant to the provisions of section 402.4.j, revocation of special exception and conditional use approvals, or both.

1:02:46But that that seems well first that's a new word for me. I know what I've heard of revocation. I've never heard of revocation. No

1:02:54no it's revocation. That's

1:02:55I'm sorry, my Miami

1:02:57accent. I apologize. Well

1:02:58I'm from Miami, so I should have gotten that too. Um That doesn't that doesn't like have any um

1:03:07That just seems open ended to me.

1:03:10Mr. Chairman Goldstein. Go ahead. Hi. Um I think it would be helpful if Denise actually pulled up for two point four J because it It talks about some of the nuisance criteria that Commissioner Starkey is referring to and I I think That would be helpful.

1:03:27Yeah. If the i you know if it's there, that's good. So

1:03:31You give me a second.

1:03:32Yeah. And sorry about that.

1:03:46Unless someone has a computer that you put in the right-of-way.

1:03:51Um the motion that is currently on the floor, the two additional stipulations are in addition to What's in the The staff's proposal cur currently, correct? That's recommendations

1:04:03plus these these two conditions.

1:04:05Correct. But I'm I'm s seeking clarification on my second uh edition. 'Cause if we have it, there's no you know, we don't

1:04:22Doing okay over there, uh Commissioner Oakley? All was well?

1:04:26Yeah, all is well. I'm waiting on you.

1:04:29Okay.

1:04:31But this is this is our first short term rental uh hearing. So

1:04:34I know, just checking and make sure you didn't have any questions or anything, sir.

1:04:38No it's just um Just just one thing, you know, when you talk about uh if you approve this and then have it where someone can call in and you give them three calls. that could uh that could come within less from somebody and it

1:04:55just we have to be careful about that.

1:04:58It's really gonna be hard to enforce or you know, it it'd be tough on code. Come back with that, especially if that happens from a neighbor that's upset at it to begin with and That could happen. I I think you want to avoid that part. You don't want that to happen. But I agree with the other things that you're talking about of uh putting the stipulation that all those things that need to be fixed as far as uh permit issues and bringing it up to code to be right. I

1:05:28think those things definitely have to be done before this goes in for So I think that's a part of it. I just don't know how you do that on calls like talking about three calls. Yes sir. That could happen in a day if you're not careful. Right. Yes,

1:05:42sir. Ms.

1:05:44Hernandez.

1:05:44Sure. So I'll read 402.4 J. I won't read the entire section, but basically it states that an initiation of a revocation proceeding, only the county administrator or designee upon a determination of probable cause may petition the BCC for review and/or revocation of a conditional use or special exception where such use continuation, expansion, alteration, or change of use. uh constitutes an annoyance to the community, is injurious to the health, safety, or welfare of the community or to the public. Tends to corrupt the manners and morals of the public or the community, tends

1:06:15to attract vagrants, loiterers, or habitually intoxicated individuals, has a history of repeated incidents of violence, results in a substantial depreciation of lowering of property values in the community or neighborhood, violates any of the conditions of approval, was approved as a result of materially misleading or inaccurate information. Or results in the incre increase in adverse effects on surrounding property such as noise, traffic, odor, dust, increase in acreage, or change in the square footage of acreage

1:06:45utilized for the special exception or the conditional use, and the owner has failed to obtain an amendment, has resulted in repeated violations of federal, state, or local regulations, or any one significant violation of such regulations.

1:06:58Yeah, I think that's good. Actually. So that's 402.4. Well we don't need the other one. Okay. So just with the one fence amendment.

1:07:06Okay. So

1:07:07fence amendment

1:07:08and

1:07:10all the county.

1:07:10And all the county regulations to be resolved and permitted out.

1:07:14Okay. Which was in your motion. It was a motion. Okay. So hopefully the um I know we have uh seems like the neighbors have some uh things to work out amongst themselves and and hopefully they can uh I'll just get along. So with that, I have a motion and second. Madam Clerk, please call the roll. Motion by Commissioner Mariano, a second by Commissioner Starkey.

1:07:35District One, Commissioner Oakley.

1:07:37Hi.

1:07:38District three, Commissioner Starkey. Aye. District four, Commissioner Wells. District 5, Commissioner Mariano.

1:07:44Aye.

1:07:45District 2, Chairman More.

1:07:46I motion passes 4-0. And that should do it for the public hearing, unless somebody tried to sneak something in. I didn't see. No? Okay. So can I just ask a question? And this was probably for Mr. Biles or or Mr. Steinsnyder. Um And obviously everything we do up here is is important. Um But I I I personally have a little bit of of a concern about This board hearing these uh conditional uses for vacation

1:08:17rentals and short term rentals. And I say that because as as uh time goes on and they become more and more common, Um and we see these Um, should this not be the administrative action of some type?

1:08:31I would highly recommend against it. The the the the problem is that as you have here, I mean This was an odd cir circumstance because of so few why you don't see these on a regular basis is if you have a

1:08:53Dispute subdiv well, if you have a subdivision that is your typical subdivision, where you have two hundred and fifty to five hundred residential units. I mean it y you Look at your own or or Gulf Harbors or And You have to get fifty one percent of everybody in the neighborhood to sign off on it. That's why you don't see these.

1:09:18I understand.

1:09:19Um so but on the other hand, if if you do and fifty-one percent of the subdivision that Isn't really close to it. signs off on it and they move it forward. You wanna he I would think you would wanna hear from those n in a public hearing setting, those neighbors that are directly adjacent going to be directly impacted by this uh new use. And that I mean that's

1:09:49While there are enforcement issues about Airbnb or V R B O Um the the way your ordinance was originally set up was These pods were supposed to be designated before you even sold the first home so that they knew what they were moving into.

1:10:15If you look at areas So I I recently it wasn't long ago we did I'm not gonna g get into my personal life, but you know we did a VR BO somewhere. How's that? And we've done them many, many a times. um whether it be in Florida or up in uh northern Georgia or something like that. Um And there's quite a few in those areas, as you know. I'm gonna have a sneaky suspicion they don't all go in front of the Board of County Commissioners, especially somewhere like St. Petersburg. Where he'd

1:10:45got thousands of them. So I'm just thinking about the future. Right now it's it's easy going. It's not a big deal. Um but as the county grows, it continues to grow and And you know, you some of these w you know w now listen, HOAs and C D E's can make their own rules up. They don't want 'em, they don't want 'em. That's that's up to them. But um I mean if you start uh we get to the point where you you get lots of these

1:11:09And and like I said, these wouldn't come before you if they were done in the initial establishment of the of the neighborhoods. because the way and Denise can correct me if I'm wrong, but the way the ordinance the way the ordinance is created it's It gets this is all really supposed to get approved up front. And this is one of those that is trying to get an after the fact approval.

1:11:35No, no, I understand, but if I were to I don't want to really get in let's let's talk offline. I don't we don't need to have this conversation now. It's gonna take up too much time. Let's just we'll we'll have a side conversation. Is that okay? Is that okay with everybody? I don't think I need to take any more time but Right. Thank you so much. Okay, guess what? Moving back to regular agenda. First up is R seven presentation of Pasco Care's update to the Board of County Commissioners. Thank you, Ms. Pearson.