Flamingo Streetscape Projects -- Issues Raised on First Phase Implementation -- Abstract from BODR 2002

The First Implementation Section of Flamingo Neighborhood Capital Improvement Projects will address:  Washington Avenue to Meridian Avenue, 7th Street to 9th Street;  + Meridian Avenue to 10th Street, + Penn Plaza – south toward 6th Street. 

Issues Raised:  Detail Design Requirements, Lighting, Euclid and Pennsylvania Avenues, Crosswalk Treatment, Roadway Alternatives, Greater Opportunities, and Issues Outside First Implementation Section.  The full description of these issues can be found at the following link:   POSSIBLE ADVOCACY ISSUES

To further shed light on these issues, please note the following Comments from Basis of Design Report – June 2002.

Each of the proposed above-ground improvement projects . . . include assorted amounts of pedestrian scale street lights, wayfinding signage and historic district markers.

Traffic Calming  . . . Another one of the most requested neighborhood improvements was for more traffic calming. The planning exercise identified several locations in need of traffic calming and several alternatives were studied and proposed. Each of the proposed funded projects have some measure of traffic calming such as the reduction of travel lanes, the reduction of crosswalk lengths, the creation of a "tighter" section through the introduction of street trees, etc.

One traffic calming alternative has been selected to be utilized in locations where there is no other proposed funded project planned. Bump-outs contain each of the above-mentioned traffic calming devices and provide visual and physical "calming" effects when placed at specific intersections in a coordinated pattern (Appendix "B" – Sheet 20).

Euclid Avenue  . . . Euclid Avenue is a heavily traveled North/South vehicular corridor through the Flamingo neighborhood that connects 5th Street to Lincoln Road. The existing section of the Avenue consists of two 17’-0" wide travel lanes with +/- 2’-6" planting strips and 5’-0" sidewalks on either side. The Avenue was identified by residents as being the least pedestrian friendly Avenue in the neighborhood due to the speed of traffic and the lack of shade along the sidewalks.

The proposed improvement is to modify the existing section to match that of the "preferred" Meridian Avenue section. This would require relocating the existing curb & gutter to allow for +/- 7’-6" planting strips with a continuous shade tree canopy. This would also "calm" the traffic by reducing the travel lanes widths to +/- 12’-0". To further improve the pedestrian experience, the existing sidewalks will be widened to +/- 6’-0" where possible (Appendix "B" – Sheet 21).

Pennsylvania Plaza:   This unique site is located at the intersection of 7th Street, Pennsylvania Avenue and Washington Avenue. The existing site is an underutilized, partially paved, partially planted trapezoidal shaped right-of-way bordered by 7th Street and Washington Avenue and on axis with Pennsylvania Avenue with a view of the Sony Building on Lincoln Road. This site provides an opportunity to provide a "pocket park" and serve as a focal point for both the Flamingo and Lummus neighborhoods.

The proposed improvement is to "clean up" the existing site by repairing and replacing the concrete surface and organizing the site planting to formalize and reorient the plaza to its surroundings. A new double row of shade trees will be planted on axis with Pennsylvania Avenue to provide shade from the afternoon sun as well as screen an existing adjacent residential parking lot. Pedestrian plaza scale lighting will be provided to ensure a safe, more pleasant environment and to illuminate a proposed textured map of the City’s Designated Historic Architectural District (Appendix "B" – Sheet 25).

Pennsylvania Avenue:   The two blocks along lower Pennsylvania just north of the proposed Pennsylvania Plaza include several multi-story buildings that "front" Washington Avenue and present a "back" to the low-rise residential buildings across Pennsylvania Avenue.

The proposed improvements include sidewalk repair and new bump-outs with shade trees to mitigate the effect of the scale and character of the larger buildings that front Washington Avenue on the smaller buildings that front Pennsylvania. The shade trees will also protect and define the existing parallel parking lanes (Appendix "B" – Sheet 27).

Issues Arising Outside the First Implementation Area

10th Street:   10th Street is the only uninterrupted street in the Flamingo/Lummus neighborhood that connects Biscayne Bay to the Atlantic Ocean. It is a unique opportunity to create a direct pedestrian link between the two bodies of water.

The proposed improvement is to provide a pedestrian friendly corridor with wide sidewalks and a continuous row of shade trees through the Flamingo/Lummus neighborhood. The street trees will be planted in tree grates (or equivalent) and the sidewalks widened to +/- 7’-6". The street trees will encroach +/- 2’-9" into the parking lanes at +/- 20’-0" centers to help shade and delineate individual parking spaces. The placement of the trees should not reduce the number of existing parking spaces. In order to achieve the proposed street section and "calm" the traffic, the travel lanes will be reduced to 10’-0" each and the parallel parking lanes to 7’-0" wide similar to the streets east of Washington Avenue (Appendix "B" – Sheet 19).

Drexel Avenue  . . . Two of the Flamingo Park neighborhood’s most interesting pedestrian oriented streets/destinations are located only two blocks apart but are unconnected and their proximity remains unknown to many. A pedestrian friendly link between Lincoln Road and Española Way has been a community priority for several years. Several proposals were designed and evaluated each consisting of wider walks, shade trees and ample signage.

The proposed improvement is to connect Lincoln Road and Española Way by way of a median promenade down the center of Drexel Avenue from Lincoln Lane South to 15th Street. The character of the promenade will relate to the existing improvements at Lincoln Road and the soon to be existing improvements at Española Way including the proposed plaza and fountain. An extensive street renovation will include the replacement and relocation of sidewalks, curbs & gutters and travel lanes and the construction of a new +/- 20’-0" wide tree lined walkway with a special pavement treatment and pedestrian scale street lighting. This proposed improvement requires the modification of the existing traffic pattern including restricting left turn movements from Drexel Avenue onto 16th and 15th Streets. **Modified by Commission

Find this information at --
http://flamingomb.org/1Q2010/BODR_Abstract_SouthEast_Section.doc

High School Tennis Players could play on the High School Campus

Aaron Sugarman points out that the high school can build their own courts on their property with the following advantages:

1. Eliminate transportation/safety issues to Flamingo, Polo Park, Normandy, etc..
2. On-site locker rooms, showers, etc.
3. Intramural and "gym class" use of tennis courts
4. Plenty of parking for tournament games
5. Upgrades the high school with its own 5 courts
6. Preserves greenspace and existing tennis footprint at Flamingo Park
7. Preserves clay courts for regular tennis players and MBTPA
8. Uses County/School land for seasonal school use
9. Uses County/School funds for county/school use

He and Tammy Tibbles have collaborated on an analysis of the school property and develped an image that suggests that the Tennis Courts will fit!

See the image through the following link:   Campus Tennis Courts

http://flamingomb.org/1Q2010/TennisCourts_HighSchoolCampus.JPG

Aaron makes the following observation --

Tammy helped me mock-up an aerial photo showing 5 tennis courts at the high school athletic field.  I do not know if the measurements are exactly to scale, but my crude analysis leads me to speculate that 4-5 courts might fit at the north end of the field.

Judy Robertson Appeals to Mayor and Commission -- Flamingo Park Neighborhood Association Says 17 is Enough! -- HPB Agrees and Calls for Holding the Line at the Present Footprint

Dear Mayor and Commissioners:

Surely you are suffering the same fatigue from this issue that we in the Flamingo Park Neighborhood are suffering, albeit absent the outrage.

It pains us to see our elected leaders so blind to the unfairness of this drawn-out process to the residents of this neighborhood (let us be clear about the hardship on Flamingo Park residents to take time during business hours to keep participating in these repeated discussions, while tennis players, the majority of whom reside outside the Neighborhood and are not, as a group, representative of the working class in our City, are much more able to voice their position during mid-day hearings).

It angers this voter to witness an old Commission taking an approval action on one day, and then a newly-elected Commission succumbing to special interest pressure and granting a "do-over" to some late-comer on another day. (who the heck is David Berger, what are his credentials, and what gives him any say in this matter???...)

It infuriates us to discover that City Staff is entertaining outside, unnoticed, discussions like the one transcribed below, a clear miscarriage of the process conducted over A PERIOD OF YEARS that led to last September's approval of the Master Plan Option L, and was upheld by the Historic Preservation Board's approval March 9 of this year.

It is outrageous that the City is asking our Neighborhood to defend, over and over and over again, a position that it supported and adopted last year.

What is most saddening is our perception that City Hall has opted out of its longstanding partnership with this Neighborhood. Years of reasoned and thoughtful dialogue have gone into this relationship, and many wonderful improvements have been accomplished as a result of our combined efforts. Is the Commission willing to put that enduring relationship in jeopardy and risk the resentment of the largest voting block in the City over this issue?

Judy Robertson for the
Flamingo Park Neighborhood Association

William Cary Clarifies Research Findings, Position of HPB, and Role in Any Further Plans

Subject: RE: Meeting of MBTPA and City Staff 3/16/10 re: Flamingo Tennis Center


Mr. Cary was aware of most of the assertions made by Ms. Boyce and Mr. Berger at the meeting, but disagrees with many of those assertions based on his own research and examination of historic aerial photographs, as well as the original master plan for Flamingo Park, and his personal field observations of on-site of activities that currently occur in the open green space and have occurred there historically, as well as testimony given by Flamingo Park Neighborhood residents at the March 9th HPB meeting that diverse activities in the open green area are ‘good’ and desirable.

Mr. Cary further observed at last night’s meeting that members of the HPB at the March 9th HPB public hearing expressed serious concern about the appropriateness of expanding the density and length of the tennis court area further northward in the southeast quadrant of the park and the adverse impact that this would have upon the adjacent historic residential district, and Mr. Cary stated that this is an ‘appropriateness’ determination that only the Historic Preservation Board can make.

Any new proposal to the HPB would have to convince the Board members otherwise.

Wm Cary
MIAMIBEACH
William H. Cary, Assistant Director
PLANNING DEPARTMENT
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7550 / Fax: 305-673-7559 / www.miamibeachfl.gov

On Tues, Mar 16th Representatives of Miami Beach Tennis Players Association Met with City Staff to Discuss a New Tennis Center Plan

From: Rebecca Boyce [mailto:rboyce@astidavis.com]


Subject: Meeting of MBTPA and City Staff 3/16/10 re: Flamingo Tennis Center

Meeting of MBTPA and City Staff, March 16, 2010.

Attending were: Kevin Smith, Mario Gonzalez-Pola, William Cary, David Berger, Diana Fontini (Aide to Commissioner Gongora) and Andy Plotkin and Rebecca Boyce

Meeting started at about 5:45 and ended about 7:30 p.m.

David Berger opened the meeting with a presentation of the 'Berger' plan, consisting of an option to located the tennis pavilion in an east/west location in the middle of four banks of tennis courts of 5 courts each (total twenty courts). The option would include 5 hard and 15 clay courts.

David Berger explained that the plan is a compromise:

1. The plan would involve infringing on only about 60-75' of the green space north of the park and would in return increase the north/south corridor fulfilling the desire of the FPNA to increase the width of the north/south pedestrian walkway) as an extension of Jefferson Avenue by an additional approx. 50 feet. The prior plan (e.g. Plan ‘L’) had the building located very near the border of the pedestrian sidewalk.

2. The high school would have its desired 5 hard courts; the tennis center would lose 2 clay courts for a net gain to the tennis facility of 3 courts. (Total courts would be 5 hard and 15 clay vs. the existing 17 clay courts and in contrast with the currently approved plan that includes 12 clay courts and 5 hard).

· Rebecca Boyce and David Berger met yesterday morning with Dr. Sidener, Principal of the Miami Beach Senior High School. Dr. Sidener supports the ‘Berger’ plan and will write a letter and attend City meetings to that affect.

William Cary's concerns were:

1. Could a building in that location be architecturally satisfactory to accommodate the needs of tennis players and aesthetically attractive enough (particularly with an entrance facing east that would include a public bathroom at the east side of the building).

· Mr. Berger pointed out that the issue of the location of a public bathroom for benefit of the tot lot users might be an issue that could be considered outside the current discussion and that the construction of the tennis pavilion should probably not hinge on the public bathroom issue, and that there are more than likely other options that could provide access to a public bathroom for the tot lot users.

2. Would the HPB consider it proper use of infringing on the green space by about 60-75 feet to leave an adequate amount of open green space for the intended use of that open green space.

· Mr. Cary was not aware of what the FPNA wants to use that space for – he was under the impression that the neighborhood wanted to use that green space for free activity such as pick-up soccer games.

1. Mr. Cary was informed that the FPNA seems to want to use that space for leisure passive activity only.

2. Mario Gonzalez-Pola informed Mr. Cary that the space was intended to be landscaped with undulation and foliage that would preclude the land use for play activities.


3. Mr. Cary raised the issue of whether having tennis courts in the green space under consideration would be a valid option at all from a historical perspective, in that no tennis courts existed in that area prior to the 1984 construction of the Holtz stadium and its clay courts.

· Mr. Cary was unaware that there were 3 clay courts located at the site of the former Holtz stadium (in the green space under consideration). He though there had only been one court at that location. Those 3 courts were demolished along with the stadium in 2007, leaving the current 17 clay courts (formerly 20 clay courts).

· Mr. Cary was informed that historically, per its 1930 blueprints, there were originally 24 courts located at Flamingo Park – 12 at the current site, and 12 at the site of the football field, therefore raising the question of whether questioning the use of space issue from a historical perspective is relevant.

1. Mr. Berger pointed out that the City has chosen to reduce the historical number of tennis courts at will while increasing use of the park for other venues – one soccer field, two baseball fields, one track and football field, swimming pools, tot lots, bark parks, public vehicle parking, etc. Mr. Berger went on to assert that the historical issue of whether use of space for tennis is valid is largely irrelevant as the City of Miami’s inclination has been to take land originally intended for the sport of tennis and to allocate it elsewhere as the needs of the community have changed.


Kevin Smith stated that the decision of whether or not to use the green space for other than its current designation rests with the HPB, not with the Commission.

· David Berger questioned Mr. Cary whether the HPB would consider a new plan for the space – Mr. Cary responded that the HPB would consider a new plan provided it was not the same as a plan previously submitted.

Mario Gonzalez-Pola brought up some concerns:

1. Logistical issues with the Berger plan would arise with respect to access to the storage/utility room area. Delivery of clay and access to the courts would be most likely possible from an eastern entrance to the building from Meridian Avenue. That would involve a curb carve-out and entry gate from Meridian.

· Currently, clay is brought in by truck along the pedestrian walkway and then loaded onto carts that then bring it into the storage area of the facility.

· Current plan L would deliver clay in the current fashion.

· The Berger plan could also deliver clay in this fashion.

1. Wouldn’t it be better, however, to deliver the clay along Meridian than to bring trucks onto the pedestrian sidewalk?

2. The plans for the new pavilion are nearly complete and that the Berger plan would require creating a new building. He would like to avoid additional delays.

The discussion turned to other options:

1. A Berger plan modification #1 locating the tennis pavilion in an east/west placement along the north edge of the tennis courts between the courts and the green space.

2.  A Berger plan modification #2 locating the tennis pavilion in an east/west placement along the south edge of the tennis courts along 11th Street.


Both plans have merit:

a. Mario Gonzalez-Pola indicated that the existing plans for the new pavilion could be used in large part.

b. Concerns for the tot lot bathroom were raised again regarding distance for a public facility not too near the tot lot.

The meeting ended with Mario Gonzalez-Pola agreeing to confer with Charles Carreno (who will speak with Jorge Gomez) regarding obtaining a go-ahead to request preliminary presentation of plans for Berger Plan Options #1 and #2 – locating the tennis pavilion north of the courts (#1) or South of the courts (#2) for the Neighborhood Committee meeting of March 30, 2010, if possible. If this cannot be done before that meeting, it was agreed that presentation of this item should be deferred to the April 27, 2010 Neighborhood Committee meeting.

Flamingo Studying CIP Plans -- City to Enter Into Design/Build Contract for Initial Work Area -- Important Decisions at April 5th Meeting

Judy Robertson convened an ad hoc meeting to discuss CIP Right of Way program.  The City anticipates entering into a design build contract with RicMan.  The Scope of the work would include:

above ground streetscape improvements, storm water drainage and water distribution -- from Washington to Meridian, from 7th Street to 9th Street, extending North on Meridian to 10th Street and South on Washington toward 6th Street.

 It was agreed to develop a list of Potential Advocacy Issues, present those issues to the next Flamingo Meeting on April 5th, and based upon priority selection thereafter move forward to advocacy with the City.   You may access the report of our meeting at the following link --

Possible Advocacy Issues .

Design Element

 Must take into account current existing conditions and uses on a block by block, lot by lot basis including hardscape, landscaping, electric, etc. [ i.e., trees, lighing, auto raming, dumpster ramps and all other conditions].

 Lighting

•  Frequency of Pedestrian Acorn Lights along the streetscape
• Design of Pedestrian Acorn Lights
• Cobra Lighting Plan
• Retention / Replacement of Existing Cobra Lights
• Alternative Designs of new and replacement Cobra Lights

 Euclid Avenue / Pennsylvania Avenue

•  Width of Auto Travel Lanes
• Width of Parking Lanes
• Width of Swale Area (Possibility of Paved Swale Area)
• Width of the Sidewalk Area
• Treatment of areas with Parking Meters – Do not replace meters, rather kiosks
•  Reclamation of Right of Way -- from Private Encroachments

 Do the Plans call for Cross Walk Treatment

•  Advocate Cross Walks at Every Intersection
• Should Cross Walks be painted or textured

 Alternative Roadway Improvements

•  Diagonal Parking
• One Way Streets
• Serpentine Streets
• 4-Way Stop Signs at Every Intersection in Flamingo

 Opportunity for Greater Streetscape Improvements

•  In those areas where all existing lights and trees are to be removed / replaced
• In those areas without streetscape improvements – e.g., Meridian Avenue
• Upon replacement of sidewalks, Opportunities; Impact upon Roots and Trees.

 Issues Arising Outside the First Implementation Area

•  The 60% Drawings for Drexel (from Espanola to Lincoln) call for Las Ramblas
• Reclamation of Tenth Street Private Property Encroachments – Alton to Michigan  but not on other Streets (e.g., 8th or 9th) nor Avenues (e.g., Euclid).

CMB Neighborhods Committee will decide on Tennis Courts on Tues, Mar 30th, 2:30pm; Jeff Donnelly, Chair of HPB -- reports to the Commission: 17 is Enough!

The City of Miami Beach Neighborhoods Committee will meet on Tuesday, March 30th for another  final decision on the number of Tennis Courts.  It is very important to Show Up, Stand Up, Speak Up.  The Historic Preservation Board did a wonderful job and the City Commission referred the matter to the Neighborhoods Committee.

To: Mayor and City Commissioners -- City of Miami Beach
Subject: Fwd: Flamingo Park Tennis -- Historic Preservation Board

Good afternoon.

I wanted to report to you that the HP Board on Tuesday approved a plan for the tennis center at Flamingo Park that had already been approved by the Commission in September 2009:

17 courts and the tennis facility building directly facing the pool facility to create a plaza and preserve the view corridor into the park entrance looking north from Jefferson and 11th.

The HP Board vote on March 9 in support of the Commission's September 2009 position was 7-0.


Jeff Donnelly, Chair
Historic Preservation Board

1. HPB File No. 6088, 1200 Meridian Avenue - Flamingo Park Tennis Center. The
applicant, the City of Miami Beach, is requesting revisions to a previously issued
Certificate of Appropriateness for the demolition of the existing single story tennis
facility and single story restroom building, and the construction of a new single
story tennis facility and associated tennis courts. Specifically, the applicant is
requesting to expand the area of tennis courts northward into the park with the
construction of five (5) additional tennis courts.

APPROVED WITHOUT ANY NEW TENNIS COURTS

This plan, as you know, represented a compromise. This plan does extend the current footprint of the tennis facility approximately 15 feet to the north at the north side and about 30 feet to the west on the northern half of the west side of the facility. At previous discussions, some on the HP Board did not want to lose these spaces, one of which is regularly used by parents of children in the tot lot, but the Board did agree to this compromise.

Historic Preservation Board says "Seventeen is Enough!" City Commission will meet Tomorrow, Wed, Mar 10th

This morning the Historic Preservation Board met to consider the Flamingo Park Tennis Facility and Courts.  Upon request for expanding to 22 tennis courts, a very thoughtful staff presentation, and community input the Board took the position that there be no more than 17 courts.  In related action the Board agreed to provide an extension of time for one additional year for the Tennis Facility and Court Masterplan adopted by the City Commission on Sep 9, 2009.

Members of the Flamingo Park Neighborhood Association testifying before the Board -- Tammie Tibbles, Judy Robertson, and Denis Russ-- supported the Planning staff recommendation limiting the number of courts to 17 and supported the good plan of Sep 9, 2009 as a balanced approach to providing recreational facilities and open green space amenities for the community.  Congratulations to the Planning Board on their good and sensible action today.

Please note that the City Commission will be meeting tomorrow, March 10th, from 9am, in the Commission Chambers, at City Hall.  Judy Robertson reviewed the Agenda and points out the following matters that have been of interest to the Flamingo Park Neighborhood Association.

Committee Reports:
- C6B: Short Term Rentals (LUAD) January 28 mtg...
- C6D: Status of Flamingo Neighborhood Improvements (CIPOC)
- C6E: Short Term Rentals (LUAD) February 25 mtg...
            AND proposed Alton Road overlay district

Regular Agenda Items:
- R7C: Operational Guidelines/South Pointe Park
- R9A/R9A1: Board and Committee appointments (Frank Krusczewski to Planning Board?)
- R9E: Discussion / status of Baywalk
- R9F: Discussion / red sidewalks
- R9G: Discussion / Tennis courts in Flamingo Park

We urge your attention to matters coming before the Commission on behalf of our Flamingo! Agenda.

Staff To Recommend that Historic Preservation Board Deny the Request to Expand the Tennis Facilities by 5 Additional Courts into the Great Lawn

The Historic Preservation Board will meet at 9am on Tuesday, March 9th, in the City Commission Chambers, at City Hall.    About an hour into the Agenda, at HPB File No. 6088, the City of Miami Beach (as applicant) will request to expand the area of tennis courts northward into the park with the construction of five additional tennis courts.

Historic Preservation / Planning staff recommends that the application be DENIED. The staff report can be accessed at

http://flamingomb.org/1Q2010/FlamingoPkTennis_HPB_Mar9_2010.pdf

The Staff analysis finds that the application is not in compliance with required criteria. The Staff reports notes --

The proposed tennis court expansion will substantially encroach upon the green open lawn area that was recently restored to its near original condition after the Holtz Tennis Stadium was demolished, reducing the transparency and cross circulation into and through the park.

The position of the Flamingo Park Neighborhood Association is Seventeen is Enough! We fully support the Staff analysis and recommendation which also goes on to note --

Clearly, the proposed tennis court expansion to 22 courts will substantially encroach upon the open green lawn area…..

The proposal will also significantly reduce the original transparency…and curtail the larger public use of the open green space for neighborhood activities.

Additionally, cross circulation through the park…by neighborhood residents will be entirely blocked.

All of the activities currently supported by this restored historic open green space…make for a safer, greener, and more neighborhood-friendly public Flamingo Park.

Please join us at the Historic Preservation Board Meeting on Tuesday, March 9th, at 9:00 am to preserve open green space for multiple recreational and open space activities and uses in Flamingo Park.

Historic Preservation Board will be asked to Reconsider Number of Tennis Courts in Flamingo Park

On  TUESDAY, March 9th, beginning at 9:00 a.m., the Historic Preservation Board will meet in the Commission Chambers, Third Floor, City Hall.  One of the important items will be to consider the Flamingo Park Masterplan -- particularly the number of Tennis Courts to be included in the refurbished Tennis Center.
While current plans call for 17 clay courts, there has been a call by school tennis players to add up to five additional hard courts.
The Flamingo Park Neighborhood Association has called our -- Seventeen is Enough!
Recent Newspaper articles have reported on the complex issues involved, including the effort to attract major tournaments to the new facility.    http://www.miamiherald.com/2010/03/04/1511609/push-on-to-bring-prominent-tennis.html

It is very important that the Flamingo Neighborhood show up, stand up and speak up on behalf of a Park and a Masterplan that maintains its dual role as a recreational and green space resource for the neighborhood, the city and the region.  Join us on Tuesday at the Historic Preservation Board Meeting.

Flamingo Continues to Seek Positive Resolution of Short Term Rental Issue

At its meeting on Monday, March 1st, the Flamingo Park Neighborhood Association heard a report on the Short Term Rental Issue, discussed the issue, and reaffirmed its support to continue to seek a positive resolution on Short Term Rentals.  and adopted the following position::

Flamingo Park Neighborhood Association continues to support the process of trying to obtain Commission approval of a short-term rental ordinance

•  that comports with the FPNA resolution of September 2009,
• that prohibits short-term rentals in the Flamingo neighborhood, and
• that provides eligibility criteria by which current property owners doing short term rentals might obtain an exception of the prohibition if they can show a consistent history of short term rentals and compliance with local and state requirements for resort, sales and other taxes.