ANNA MARIA – City officials plan to further revise the beach cabana rental regulations the city of Anna Maria enacted in March after the city commission adopted a new parks and recreation ordinance in late February.
Future revisions to the existing cabana rental regulations were discussed in great detail during the Anna Maria City Commission’s June 22 workshop.
No final decisions were made during the workshop, but Mayor Mark Short mentioned several possible revisions to the existing ordinance, including possibly limiting the number of rental cabanas allowed in any one-block area, limiting the number of businesses allowed to provide cabana rental services in Anna Maria, rezoning a portion of the coastal conservation zone to create more space for cabana rentals, enacting an annual registration fee for cabana rental companies and pushing the allowed cabana delivery and setup time from 7 a.m. to 9 a.m.
The June 22 workshop was preceded by several past discussions about cabana rentals. Those past discussions included the April 9 meeting during which several residents and property owners who live along or near Gulf Boulevard, between Magnolia and Palm avenues, voiced their displeasure regarding the intense cabana rental activity now occurring near their homes.
Prior to the adoption of the parks and recreation ordinance, all commercial beach activities were prohibited in the public beach areas that carry the coastal conservation or the public recreation area zoning designation referred to as recreation open space on the city’s zoning map. The longstanding city prohibitions on commercial beach activity were never enforced and rarely discussed until concerns arose last summer about the increased number of cabana rentals happening on Anna Maria’s beaches.
Prior to the adoption of the new parks and recreation ordinance, the coastal conservation zoning designation included an outdated regulation that only allowed single-pole shade structures. Multi-pole shade structures were not allowed, but the new ordinance eliminated the single-pole restriction.
The city’s current regulations now allow commercial beach cabana delivery, rental and removal services only on the public beaches located between Magnolia Avenue and Oak Avenue. That stretch of beach carries the city’s public recreation area zoning designation. Limiting cabana rentals only to that six-to-seven block area of the beach has created concerns for several residents and property owners.
Commercial cabana rentals remain prohibited in the coastal conservation zone that includes the public beach area in front of the Sandbar Seafood & Spirits restaurant. Cabana rentals also remain prohibited on the public beach areas that extend north of the restaurant and all the way around Bean Point to Jacaranda Road.
JUNE 22 DISCUSSION
During the recent workshop, Short mentioned the beach activity restrictions and prohibitions in place before the new ordinance took effect.
“As we all know, those restrictions were not being enforced; and over time commercial activity started to happen on the beach,” he said.
He then addressed several lingering concerns associated with the city’s current cabana rental regulations. Short, the city commissioners and the meeting attendees spent nearly two hours discussing and debating several possible revisions to the new cabana rental regulations.
Short said he and city staff spent the past couple months conducting additional research that included multiple communications with the Florida Department of Environmental Protection regarding the state’s position on commercial beach activities. Short said he was eventually informed that the city’s new commercial activity regulations do coincide with state law.
REGISTRATION PROGRAM
Beach cabana rental companies are now required to provide some basic registration information to the city but Short suggested enacting a beach cabana registration program that mirrors the city’s vacation rental registration program.
He said this might include the business name and business address, the business operator’s phone number, a list of every individual or entity that owns more than 25% of the business, registration fees, copies of the business operator’s current and active state-issued business license, proof of insurance, listing the city as an additional insured party, proof of workers’ compensation insurance or being exempted from the workers’ compensation requirement, and indemnification that holds the city harmless if something happens as a result of the business activity.
The commission reached preliminary consensus in favor of imposing an annual registration but the fee amount has not yet been determined. The commission also discussed but did not reach consensus on imposing an additional per-site or per-cabana fee.
Commissioner Chris Arendt said he supports an annual registration fee but he’s not in favor of additional site fees.
“It’s not our beach to sell. It’s a public beach,” he said.
ZONING EXPANSION
The commission remains divided on the idea of expanding the public recreation area to the north, in front of and beyond the Sandbar restaurant, as one possible way to reduce the number of rented cabanas currently being placed between Magnolia and Oak avenues. Short said this could potentially involve rezoning some of the coastal conservation-zoned beach area to the less restrictive public recreation area zoning designation.
Arendt said restricting cabana rentals to such a limited area is putting an undue burden on one area.
Commissioner John Lynch said he’s heard from many residents who are being impacted by the new cabana rental zone between Magnolia and Oak and he’s concerned expanding the parks and recreation area zone would simply expand the problems now occurring in the allowed rental area. He said expanding the rental area would create more space to be utilized by rental companies and that in turn would impact more residents.
Commissioner Charlie Salem said he’s not in favor of doing anything that exposes the city to legal challenges seeking even further expansion of the beach areas that allow commercial activity.
Salem, Lynch and Commissioner Gary McMullen currently oppose rezoning any of the coastal conservation zone to create more space for cabana rentals, but a final decision has not been made.
While providing public input, Palm Avenue resident Molly Ruggles expressed her support for expanding the public recreation area zone because it would allow the rental companies more space to set up their cabanas.
Ruggles said she and several neighbors are requesting the city allow no more than five cabana rentals per block.
My Beach Concierge co-owner Peery Heldreth agreed that expanding the rental allowances to the north would allow the rental cabanas to be more spread out. He said many of their clients want to be near the Sandbar, in part because there’s paid parking available on and around Spring Avenue.
His wife, and co-owner, Becky, said expanding the rental zone would take some of the pressure off the residents who live between Magnolia and Oak avenues.
Lynch said limiting the number of cabana rentals would be another way to address the issue of too many rented cabanas in the currently allowed area.
Salem said the density of the rented cabanas can be addressed without creating more space for the rentals to occur.
Regarding a possible rezoning, Arendt said, “We’d be expanding our parks and recreation area. I don’t think that’s bad necessarily.”
SETUP TIME
Short said code enforcement officers recently monitored the cabana companies’ morning delivery and setup routines and determined that most rental cabanas remained unoccupied until 10 a.m. or later.
“If you go online, every one of the businesses registered with the city say their business operation hours are 10 a.m. to 5 p.m.,” Short said.
He recommended changing the allowed delivery and setup closer to the 9 a.m. timeframe and the commission expressed initial support for doing so.
Ruggles said at 7 a.m. the area between Palm and Magnolia resembles a construction zone because of all the cabana company trucks and employees. She said that curtails her and her husband’s ability to go out on the beach and enjoy their morning coffee.
The Heldreths’ My Beach Concierge company is one of the most active cabana rental companies in Anna Maria and Island-wide. Peery said he has a heart condition and it’s much better for him to do their cabana setups first thing in the morning, before it gets too hot. He said his company set up 12 cabanas that morning in Anna Maria.
Becky said their business has been impacted by 40% since the city’s new regulations took effect and that’s resulting in her and Peery doing more setups themselves.
In response, Lynch said, “I understand the impact to your business, but I put the residents first.”
Lynch said he supports adjusting the delivery time allowance and the commission has to figure out the right time for those deliveries to begin.
PENALTIES
Short said the penalties for those who violate the soon to be revised regulations still need to be finalized, but he expects a first violation to result in a citation and a fine; a second violation, depending on what it is, to result in the violator being issued a temporary cease and desist order; and a third violation to result in the loss of the ability to conduct a cabana rental business in Anna Maria.
IN CLOSING
As the workshop neared its end, the commission reached consensus that there are currently too many rentals occurring between Magnolia and Oak and something needs to be done to reduce the number of rented cabanas allowed in any one-block area.
“This has been extremely helpful to get all this on the table,” Short said of the day’s discussion.
He said he’d work with city staff and the city attorney to digest what was discussed during the workshop. He said he didn’t know how long it would take to prepare a new draft ordinance, but he said these matters will remain a high priority.
“I think the messages are pretty loud and clear with respect to density, with respect to setup times, with respect to investigating a possible expansion of the zone. We’ll come up with a methodology on registration fees and getting clarity on what the (state’s) definition of commercial activity is and then we’ll come back with a plan,” Short said before the meeting ended.
