Fort Walton Beach Council agenda — 05-11-2010 Regular — reading text

Manager From;: Samantha Dt Abell, Planning Manager Through: Michael D. Beedie, P. E., Engineering & Utility Services Director Date: April 15, 2010 Subject: Ordinance No. 1825 — To Amend Section 9. 01 of the Code of Ordinances 1. BACKGROUND: 1. 1 Chapter 9. 01 of the City of Fort Walton Beach Code of Ordinances, entitled Alcoholic Beverages, prohibits the principle sale of alcoholic beverages within 500 feet of a church or school. This section also defines the distance from an alcohol sales establishment to a school or church be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from property line to property line. 1. 2 Ordinance No. 1825 amends Chapter 9.01. 02 for consistency with Chapter 562.45 ( 2)( a) of the Florida Statutes by removing churches and revising the method of measurement to determine the 500 -foot restriction. The revision is the result of public meetings with merchants and property owners affected by the existing.code. . 1. 3 The City Attorney has reviewed and approved Ordinance No. 1825 for legal form and sufficiency. 2. DISCUSSION: 2. 1 Revising the method of measuring the- distance between an alcohol sales establishment and a church or school to coincide with the Florida Statutes may assist local businesses whose primary sales rely on alcoholic beverages to expand. The ordinance reflects changes requested by the Downtown Merchants in conjunction with promoting an arts and entertainment district. 2.2 The City' s Land. Development Code regulates the location of alcohol establishments, schools, and churches according to zoning district. The minimum distance requirements in the Code of Ordinances discourage the co- location or expansion of alcohol establishments within 500 feet of a school or church. Residents and property owners find that the prohibition is more restrictive than Florida Statutes and is not conducive to a vibrant, compact, mixed -use urban environment. 2.3 Ordinance No. 1825 establishes that should an existing school expand or otherwise move within 500 feet of any existing establishment licensed to sell alcoholic beverages, the 35-  existing alcohol sales establishment shall be exempt from the minimum distance requirements and such establishment shall be permitted to expand its facility from time to time irrespective of the distance restrictions in the Code. 2A A location for on- premises consumption of alcoholic beverages may not be located within 500 feet of the property line of a public or private elementary school, middle school, or secondary school. The current method of measurement is from property line to property. line. Ordinance No. 1825 would revise the method of measurement to the nearest usually traveled pedestrian route between the school and the main entrance of the alcohol sales establishment. 2.5 The removal of churches from the distance restrictions is also consistent with the Florida Statutes. 2. 6 Section 9. 01. 01 is repealed to resolve conflicts between this amendment and Florida Statutes. Section 9. 01. 03 is repealed to resolve grandfathering and nonconformance conflicts between this amendment and the old provisions. 3. FINANCIAL INFORMATION: 3. 1 There is no financial impact to the City from the proposed ordinance. 4. RECOMMENDATION: 4. 1 Staff requests City Council adoption of Ordinance -No. 1825 to amend Chapter 9. 01, Alcoholic Beverages, of the Code of Ordinances to provide consistency with Chapter 562.45 ( 2)( a) of the Florida Statutes. 5. ATTACHMENTS: 5. 1 Ordinance No. 1825 5. 2 Map Exhibit A 6. SIGNATURE BLOCK: 6. 1 Submitted By: amantha D. Abell, Planning Manager 6.2 Reviewed and Concur: tl Michael D. Beedie, P. E. EngM'.e ' Utility Services Director 6.3 Reviewed for Agenda: '/ //, 7Z NZ A., a ff 5L 4/ / e o ert T. Qty Manager earns 36-  Page 1 of 2 Michael Beedie From: Toni Craig [ torsi @tonicraig. info] S Thursday, April 15, 2010 1: 39 PM To: Michael Beedie; Samantha Abell subject: RE: ordinance 1825 You may want to add the following: 2. 6 Section 9.01. 02 is repealed to resolve conflicts between this amendment and Florida Statutes. Section 9. 01. 03 is repealed to resolve grandfathering and nonconformance conflicts between this amendment and the old provisions. 9. 01. 01 referred to statutes as they were when the original provisions were adopted.) Otherwise, I have no comments. Thank you. Toni L. Craig Attorney Fla Bar No 115444 850) 243 -6969 Fax: ( 850) 244 -8929 www.tonicraig.info From: Michael Beedie [ ma i Ito: mbeedie@fwb. org] Sent: Thursday, April 15, 2010 1: 06 PM To: Toni Craig; Samantha Abell ect: RE: ordinance 1825 Toni, Here is my revised staff report. Thanks, Michael D. Beedie, P. E. Engineering & Utility Services Director Engineering Services Department City of Fort Walton Beach P. O. Box 4009 Fort Walton Beach, FL 32549 Phone: ( 850) 833 -9612 Fax: ( 850) 833 -9926 Cell: ( 850) 585 -9158 Nextel: 186 *13224 *8 E -Mail: mbeedie ftb.org Website: www.fwb. ora Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e- mail address and communications may therefore be subject to public disclosure. Original Message---- - From: Toni Craig [ mailto: tonl@tonicraig. info] Sent: Thursday, April 15, 2010 12: 55 PM To: Samantha Abell Cc: Michael Beedie Subject: RE: ordinance 1825 4/ 16/ 2010 37-  Page 2 of 2 My comments and my legally sufficientfinal version is attached. 1 will wait to review the staff report until I know that Mr. Beedie has seen and reviewed it. Thank you. r. Toni L. Craig Attorney Fla Bar No 115444 85d) 243 -6969 Fax: ( 850) 244 -8929 www.tonicraig. info mm From: Samantha Abell ( mailto :sabell@fwb. org] Sent: Thursday, April 15, 2010 12 :15 PM To: Toni Craig Cc: Michael Beedie Subject: ordinance 1825 Toni, Please see the attached ordinance with comments. Also, I' ve attached the staff report for your reference. Any comments are appreciated. Thank you. Samantha D. Abell, Planning Manager Engineering Services Department Planning and Economic Development Division 850 -833 -9604 ( office) 850 -585 -3260 ( cell) 850 -833 -9926 ( fax) sabell oLq City of Fort Walton Beach P. O. Box 4009, Fort Walton Beach, FL 32549 Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your email address and communications may therefore be subject to public disclosure. Think Green - Please consider the environment before printing this e- mail. Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e -mail address and communications may therefore,be subject to public disclosure. . 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