ANNA MARIA – Anna Maria’s previously enacted beach cabana rental regulations are undergoing significant revisions.
On Thursday, Aug. 13, city commissioners unanimously approved the proposed revisions presented during the first reading of an amended version of the city’s parks and recreation ordinance, Ordinance 26-961. The commission-supported revisions will be finalized when adopted on second and final reading during a future meeting. The proposed revisions are scheduled to take effect Jan. 1.
The previously adopted version of the ordinance established the commercial activity and beach cabana rental regulations that took effect March 1. The proposed revisions will include the city entering into franchise agreements with three beach cabana rental vendors.
“No more than three franchise agreements will be effective at any time. City commission may change this limit by resolution,” the revised ordinance says.
Those without franchise agreements will not be allowed to operate in the city’s limited commercial activity area.
The revised ordinance will establish a numerical limit on how many rental cabanas can be set up per block in the six-block area between Magnolia and Oak avenues.
“No more than 36 commercial rental areas are permitted on any given day where permitted on the beach,” the ordinance now says. “No more than six commercial rental areas are permitted in each geographic location (block) on any given day.”
The six blocks referenced in the ordinance are Magnolia to Palm; Palm to Palmetto; Palmetto to Willow; Willow to Cedar; Cedar to Mangrove; and Mangrove to Oak avenues.
The ordinance notes the city commission can change the numerical limits via the adoption of a city resolution.
The numerical limits will help address concerns previously expressed by residents about the large number of rental cabanas being set up daily on the beach areas between Magnolia and Oak avenues.
The revised ordinance does not expand the existing cabana rental zone. Commercial cabana rentals will remain prohibited in front of the Sandbar Seafood & Spirits restaurant and along the public beach that extends to and includes Bean Point. Personally owned tents and cabanas are allowed in those areas.
“No commercial rental areas are permitted landward of the erosion control line, dune system or beach vegetation, whichever is most seaward,” the ordinance says.
The ordinance maintains the previously adopted size and space limits that include temporary shade structures not exceeding 169 square feet of total ground coverage and no more than two commercial rental areas being placed within 50 linear feet of each other in any direction.
“Beach access must be unobstructed at all times,” the ordinance now says.
The ordinance will require a trash bag or trash receptacle to be placed in the cabana rental area.
The revisions include changing the allowed morning setup time from 7 a.m. to 9 a.m. The removal of the rental beach equipment is to be completed by 6 p.m. or one hour prior to sunset, whichever is earlier – with a provision for equipment removals delayed by bad weather.
FRANCHISE AGREEMENTS
The revised ordinance says operators conducting the commercial rental of beach equipment activity must be franchised by the city, and after Jan. 1, no commercial rental activity shall occur without a franchise agreement with the city. Franchise agreements will be limited to 24 months.
The ordinance now says each commercial rental operator with a franchise agreement will be limited in the total number of commercial rental areas per day.
The ordinance says all commercially rented temporary shade structures must have the approved operator’s easily identifiable name, logo and/or website permanently affixed to the cabana canopy.
The ordinance says the city will conduct a franchise agreement application process every two years and applications will be accepted from Sept. 1 through Sept. 15 while the application process is open.
All applications will be evaluated by a committee appointed by the mayor. The committee would use evaluation criteria that includes the applicants’ experience and qualifications; the ability to comply with operational requirements; staffing and supervision; past regulatory or contractual performance; financial responsibility and insurance; equipment quality and maintenance; and proposed franchise compensation.
The ordinance says, “The city commission may accept or reject any or all applications, may negotiate with one or more applicants and may determine not to award any franchise if it finds that an award would not be in the city’s best interests.”
PUBLIC INPUT
A handful of beach cabana rental company owners and representatives attended the Aug. 13 meeting, but My Beach Concierge co-owner Peery Heldreth was the only operator who addressed the commission.
Heldreth sought clarification on several items of interest to potential vendors. Heldreth again expressed his previous concerns about pushing the setup time back to 9 a.m. – in part because it gets hotter as the day progresses.
After the discussion ended, a few other cabana company representatives told The Sun they were OK with the revisions.
