Okaloosa County BOCC — June 16, 2015 — Public Hearing to Consider Creation of Open Container Area for — agenda request — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 16, 2015 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Hearing to Consider Creation of Open Container Area for Alcoholic Beverages DEPARTMENT: Growth Management BCC DISTRICT: 5 STATEMENT OF ISSUE: Conduct a public hearing to consider the adoption of an ordinance creating an open container area for alcoholic beverages within the Mid-Bay Regional Activity Center. BACKGROUND: The Board of County Commissioners has received a request from Destin Commons/Legendary Inc to amend the alcoholic beverage provisions of the Land Development Code to designate portions of the Mid-Bay Regional Activity Center as open container areas within which alcoholic beverages may be consumed outside of licensed establishments. Destin Commons/Legendary Inc have requested the proposed open container area in response to the creation of similar areas within the City of Destin (South Harbor Festive Market Place), City of Ft Walton Beach (Downtown Business and Entertainment District), and other areas in the state and region. If approved, the proposed ordinance would allow patrons of establishments licensed by the state to serve alcoholic beverages to leave the establishment with an alcoholic beverage in a paper, plastic, or meal container. The proposed ordinance does not allow the possession of open alcoholic beverage containers in any parking lot or any road right-of-way (except designated crosswalks), nor does it require that shop owners allow individuals carrying open beverage containers into their places of business. The applicants have requested that the County consider two (2) possible configurations for the proposed open container area. In both configurations, open containers would be allowed in Destin Commons and its associated outparcels as well as the Mid-Bay Marina/Yacht Club and Lulu’s site. However, the applicants have also requested that the County consider allowing open containers to be carried within a linear park connecting the Commons/outparcels area with the Marina/Lulu’s area. The version of the ordinance that includes linear park is provided in Attachment 1; the version without the linear park is provided in Attachment 2. While the golf course along which the linear park occurs currently possesses a permit that allows the sale of alcoholic beverages on the golf course, it should be noted that the linear park also passes in close proximity to Destin Middle School and its stadium. It should be also be noted that the Yacht Club associated with the Mid-Bay Marina has an alcoholic beverage license, as will the Lulu’s restaurant currently under construction next to the marina. The Yacht Club and Lulu’s are included in the shaded portion of the maps noted as the “Marina Area”. There are several establishments licensed to serve alcoholic beverages within the shaded portion of the maps noted as the “Commons Area”. Regardless of which version of the open container area is created (if it is created), the enabling ordinance requires that signs be posted clearly establishing the limits of the area within which open containers are allowed. The Planning Commission conducted a public hearing of the proposed open container ordinance and, after receiving public testimony, voted unanimously to recommend approval of the ordinance creating an open container area that includes the linear park (version provided as Attachment 1). The public testimony received by the Planning Commission is included in the Public Comment section of this agenda summary, below. The Board is advised that, immediately following the Planning Commission meeting, the applicant requested that, in order to more simply delineate the open container areas, parking lots be removed from the area of prohibition provided in proposed Section 2.21.01.9 of the LDC (which appears in Section 1 of the enabling ordinance). This change has been made for the Board's consideration and is shown, below: Section 1. Section 2.20.01 of the Okaloosa County Land Development Code, Ordinance 91-01, as amended, is hereby amended by adding a new Paragraph 9 to read as follows, (subsequent paragraphs shall be renumbered accordingly): 9. Alcoholic beverages purchased in licensed establishments located within the Mid- Bay Regional Activity Center may be removed from such establishments in paper, plastic, or metal containers and may be consumed outdoors within the areas designated as “Open Container” areas as shown on the map depicted in Section 2, below, provided, however, that open containers and the consumption of alcohol shall not be allowed in children’s play areas, or any portion of any public right-of-way (except designated pedestrian crosswalks) used for vehicular circulation, or in any vehicle parking lot. The designated open container areas shall not be treated as improved property supporting an alcoholic beverage establishment for purposes of the minimum distance separation criteria of Section 2.20.01. The versions of the ordinance (with and without linear park) using the above language are provided as Attachments 3 and 4. PUBLIC COMMENT: The Director of the Regatta Bay Homeowners Association, Mr. Dave Dokken, attended the Planning Commission meeting and spoke in support of the proposed open container area including the linear park, and provided a letter of support. Another Regatta Bay resident, Mr. Dwight Lorenzen, also attended the meeting and spoke in favor of the open container area including the linear park. As of this writing, staff has also received two additional emails in support of the proposal. The County has also has received an email from the City of Destin opposing the open container area as well as an email from a Regatta Bay resident, Mr. Glenn Scharf, also opposing the open container area. The emails and letters, both in favor and opposed, are attached to this agenda summary. Staff has also been made aware that the Okaloosa Public School District will provide a letter to the County expressing its concerns regarding the proposed open container areas. This letter was not available in time to be attached to this agenda item, however, it will be distributed prior to the meeting. OPTIONS: The Board of County Commissioners may adopt, deny, adopt with modifications, or table for future consideration the ordinance amending Section 2.21.01 of the Land Development Code. RECOMMENDATIONS: It is recommended that the Board of County Commissioners consider the facts presented herein, as well as any facts that may be presented at the public hearing, and then vote to approve, reject, or take other action regarding the proposed ordinance. Recommended motion if the Board wishes to adopt the version as recommended by the Planning Commission (this includes the linear park but not the applicant's suggestion regarding the parking lots): “Move to adopt the ordinance presented as Attachment 1, amending Section 2.21.01 of the Okaloosa County Land Development Code, Ordinance 91-01 as amended, creating an open container alcoholic beverage consumption area with a linear park.” Recommended motion if the Board wishes to adopt the version without the linear park and without the language suggested by the applicant regarding the parking lots: “Move to adopt the ordinance presented as Attachment 2, amending Section 2.21.01 of the Okaloosa County Land Development Code, Ordinance 91-01 as amended, creating an open container alcoholic beverage consumption area without a linear park.” Recommended motion if the Board wishes to adopt the version that includes the linear park as well as the applicant's suggestion regarding the parking lots: “Move to adopt the ordinance presented as Attachment 3, amending Section 2.21.01 of the Okaloosa County Land Development Code, Ordinance 91-01 as amended, creating an open container alcoholic beverage consumption area with a linear park.” Recommended motion if the Board wishes to adopt the version without the linear park but with the language suggested by the applicant regarding the parking lots: “Move to adopt the ordinance presented as Attachment 4, amending Section 2.21.01 of the Okaloosa County Land Development Code, Ordinance 91-01 as amended, creating an open container alcoholic beverage consumption area without a linear park.” RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator