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Flagler Beach planners weigh stripping residential from commercial zones to limit vacation‑rental conversions
Summary
At a May 5 planning workshop, staff proposed removing single‑family, duplex, townhome and multifamily from allowed uses in some commercial districts to prevent commercial property from converting to residential and short‑term rentals; board members requested mapping, grandfathering language and analysis of parking impacts before proceeding.
The Flagler Beach Planning and Architectural Review Board debated proposals May 5 to tighten zoning where commercial and residential uses overlap, a measure staff said is intended to prevent commercial floor area from converting into single‑family residences and short‑term vacation rentals.
Planner Lupita told the board staff had identified several “competing or gray ordinances” adopted over the last 18 months and recommended removing single‑family, two‑family, townhome and multifamily dwelling types from permitted uses where medium density residential (MDR) and general or tourist commercial (GC/TC) map overlap. Lupita said the change would preserve true commercial uses along the A1A corridor and reduce time‑consuming enforcement disputes when residential structures are used as vacation rentals.
The move targets a zoning outcome rather than enforcement of the short‑term‑rental ordinance, staff emphasized. “A short‑term rental is a residential use,” Drew, a city staff attorney, told the board, explaining that zoning regulates the underlying use of the land while the short‑term‑rental ordinance regulates the operation.
Board members pressed for details on how the change would affect existing properties. Staff said existing residential uses would become lawful, nonconforming uses that remain in place until an event—such as a building loss exceeding the agreed rebuild threshold (commonly 50% of taxable value)—triggers loss of that status. Staff also said designers could adjust zoning boundaries or create new districts in edge cases and recommended mapping character areas first.
Members flagged practical implications the board must resolve before forwarding an amendment: how to grandfather existing units; where to draw modified boundaries so small lots are not rendered unusable; and whether the city’s parking and mobility plan—currently under study—can support a stronger push for commercial redevelopment on A1A.
Lupita said staff will return to a future workshop with a redlined code draft, a map of existing grandfathered short‑term rentals, and options to allow limited commercial uses in adjacent zones (for example, office space or shared‑parking arrangements) to reduce unintended property‑value impacts.
The board did not vote on ordinance language at the workshop but gave staff direction to draft options for a subsequent meeting. Staff noted any zoning change would follow state notice requirements (display ads/newspaper notice) for amendments to permitted uses.
What’s next: staff will deliver proposed code language, an impact map of registered short‑term rentals, and an analysis of parking/mobility constraints before the commission is asked to take formal action.
