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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND ACCEPTING THE STUDY ENTITLED, “POMPANO BEACH SHORT TERM RENTALS: RESEARCH AND RECOMMENDATIONS,” PREPARED BY KEITH AND ASSOCIATES, INC.; PROVIDING AN EFFECTIVE DATE.
(Fiscal Impact: N/A)
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(Staff Contact: Jennifer Gomez/David Recor)
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Summary Explanation/Background:
On June 13, 2017, the City Commission adopted Ordinance 2017-50 creating a short-term rental program for buildings with 1-4 units (primarily single family vacation rentals). The City Commission requested a review and analysis of the short-term rentals (5+ units) to investigate whether a problem existed where property owners were converting apartment complexes into short-term rental units, particularly in older apartment complexes in areas east of Federal Highway and on the barrier island, where most complaints were registered. To allow time to investigate this issue further, the City adopted a Moratorium by Ordinance #2017-43 on April 25th 2017 (and extended by Ordinance 2018-28) on the processing applications, development orders, and permits for the conversion of multifamily apartments with five or more units to some form of short term rental (i.e. hotel, motel, transient apartment, etc.).
The resulting study provides an analysis and recommendations for specified public lodging establishments. The enclosed letter from Keith and Associates provides an introduction and summary of the primary recommendations. The short term rental analysis states that with exception of group vacation rentals, the number of state licenses and associated units are generally consistent with similar cities and does not recommend major code revisions. Please note, Subsection 509.032(7), Florida Statutes (2015), provides that local laws, ordinances or regulations may not prohibit vacation rentals or regulate the duration and frequency of rental of vacation rentals. Furthermore, the report provides recommendations for minor code revisions and states the City should continue monitoring the changing legislation on vacation rentals, and the complaints and numbers of transient apartments and group vacation rentals. A presentation of the report and findings were taken as an informational item on the February 28th 2018 Planning & Zoning Board meeting. Since the item was informational, no vote was taken.
This analysis does not address or provide recommendations on community residences for people with disabilities. Multi-family uses associated with group homes are being addressed by a separate report entitled “Pompano Beach, Florida: Principals to Guide Zoning for Community Residences.” The Community Residence report was accepted by the Commission on March 13th 2018.
Legislative Update: The report references HB 773 and SB 1400, which were vacation rental bills being discussed by the Florida Legislature at the time the report was written. If these bills were adopted by the State, the City would have lost all existing ability to regulate vacation rentals. Last week, on March 9th, the Florida Legislature closed the session without adopting further restrictions on cities’ ability to regulate vacation rentals, which is good news for municipalities. City staff will continue to be proactive in future legislative sessions to advocate for home rule authority on vacation rentals.
Origin of request for this action: Development Services
Fiscal impact and source of funding: N/A
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Short Term Rentals are listed as a Top Priority in the 2017 Strategic Plan