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

support of the proposed project. This is a well-known, well -traveled bike route used by local citizens and the local bike club. The club members and citizens have expressed their desires for signage and symbols numerous times through e- mails, letters, and many meetings. Any visibility added to the " bike route" is greatly desired by bicyclists. Also, this bicycle route is identified in the Fort Walton Beach Urbanized Area Bicycle /Pedestrian Plan completed for the Fort Walton Beach MPO in November 2001. Extensive public input was solicited for the document and this bicycle route was prioritized. 3. ( c). Describe the proposed ownership and maintenance responsibilities for the project when it is complete. The City of Fort Walton Beach will own and maintain all aspects of the proposed project. 3. ( d). Describe source of matching funds and any restrictions on availability. There is currently no source of matching cash funds. However, the City will contribute to the project by using in -house staff to complete the signage design and installation. 3. ( e). Other specific implementation information that should be considered. This would be the first ever bicycle lane designation in the City of Fort Walton Beach. 29- THIS PAGE IS LEFT INTENTIONALLY BLANK 30-  CITY COUNCIL MEETING May 11, 2010 General Public Comments from the General Public on items not otherwise on the agenda Agenda Item Number: 9  CITY COUNCIL MEETING May 11, 2010 Resolution No items Agenda Item Number: 10  CITY COUNCIL MEETING May 11, 2010 Ordinance on First Reading No items Agenda Item Number: 11  CITY COUNCIL MEETING May 11, 2010 Ordinance on Second Reading Ordinance 1825 Synopsis: Amends the city code methodology for measuring distance requirements for alcohol sales to conform to Florida Statutes Agenda Item Number: 12. 1 1 ORDINANCE 1825 2 3 AN ORDINANCE OF THE . CITY OF FORT WALTON BEACH, 4 FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 5 9. 01. 02, PROHIBITED LOCATIONS FOR SALES [ OF 6 ALCOHOLIC BEVERAGES], OF THE CODE OF ORDINANCES; 7 RESOLVING CONFLICTS. AND SEVERABIL-ITY; AND SETTING' 8 AN EFFECTIVE DATE. 9 10 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 11 CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: 12 13 Section 1. Authority & Intent 14 a. The authority for enactment of this ordinance is pursuant to the 15 powers vested in the City by Home Rule Authority of section 166. 021 (1), Florida 16 Statutes ( 2009), the provisions of chapter 562, Florida- Statutes ( 2009), and the 17 City Charter. 18 19 b. The City's Land Development Code, Volume V, adopted 20 September 9, 2008, regulates the location of alcohol establishments, schools 21 and churches according to zoning district. The minimum distance requirements 22 in the Code of Ordinances prohibits the location of alcohol establishments within 23 500 feet of a school or church.- Residents and property owners find that the 24 prohibition is more restrictive than Florida Statutes and is not conducive to a 25 vibrant, compact, mixed use urban environment. 26 27 C. Therefore, the City Council finds that it will best promote and 28 protect the businesses and economic development of the City by amending 29 certain prohibitions regarding the distance restrictions for establishments that sell 30 alcohol for on- premises consumption. 31 32 Section 2. Repeal of Section 9. 01. 01, Hours for Sales, of Chapter 9. 01, 33 Alcoholic Beverages, of the Code of Ordinances. 34 Section 9. 01. 01, Adoption of Statutes, of Chapter 9. 01 of the Code of 35 Ordinances, is hereby repealed. 36 I i 37 9. 01. 01 Adoption of Statutes; Those PFO f the FieFida Stat 38 , as 39 amended thFough the date of the adoption of this Berle • aFe heyrr,eb 40 as fully as if set eut at IeRgth in this ahapte-F, unless heMin 41 , 42 , 43 44 45 ATTYDRAFT 4115110 31- 46 Section 3. Amendment of Section 9. 01. 02, Hours for Sales, of Chapter 47 9. 01, Alcoholic Beverages,-of the Code. of Ordinances. 48 Section 9. 01. 02 Adoption of Statutes, of Chapter 9. 01 of the Code of 49 Ordinances, is hereby. repealed. 50 51 9. 01. 02 Prohibited Locations for Sales 52 53 L- 1-- Ma 54 e. -- IL go 55 56 57 58 59 AL- 10! 60 61 62 AL- i H IT.Mrff- 63 64 65 66 67 68 69 70 71 72 aa AnAn establishmentestablishment withwith on-on- premises.premises. consumptionconsumption ofof alcoholic alcoholic 73 beverabevera ss maymay notnot bebe locatedlocated withinwithin 500.500. feetfeet ofof thethe mainmain entranceentrance ofof aa 74 publicpublic oror privateprivate elementaryelementary school-school- middlemiddle school,school, oror secondarysecondary school._school._ 75 76 b.b." " School,_ School,_ publicpublic oror private"private" shallshall meanmean premisespremises oror sitesite uponupon whichwhich 77 therethere isis anan institutioninstitution ofof learning,learning, whetherwhether publicpublic oror private,private, thatthat conductsconducts 78 regularregular classesclasses andand courses courses ofof studystudy requiredrequired forfor accreditationaccreditation asas anan 79 elementary,elementary, secondary,secondary, oror post-post- secondarysecondary schoolschool byby thethe StateState ofof Florida.Florida. 80 81 C.C.."." MainMain entrance"entrance" shallshall bebe defineddefined asas thethe openingopening ofof aa structure,structure, 82 suchsuch asas aa door,door, passage,passage, oror gategate whichwhich allowsallows principleprinciple accessaccess toto aa place.place. 83 84 d.d. TheThe 500500 feetfeet distancedistance shallshall bebe measuredmeasured overover thethe nearestnearest usuallyusually 85 traveledtraveled pedestrianpedestrian routeroute betweenbetween thethe schoolschool andand thethe mainmain entranceentrance ofof 86 thethe alcoholalcohol salessales establishment.establishment. 87 88 e.e. ThisThis sectionsection shallshall notnot applyapply toto anyany locationlocation thatthat isis licensedlicensed asas aa 89 restaurantrestaurant which.which. derivesderives atat leastleast 5151 percentpercent ofof its.its. grossgross revenuesrevenues fromfrom thethe 90 salesale ofof foodfood and.and. nonalcoholicnonalcoholic beveragesbeverages pursuantpursuant toto chapterchapter 509,509, oror 91 establishments establishments licensedlicensed toto sellsell alcoholicalcoholic beveragesbeverages forfor offoff - -premisespremises ATTYDRAFT ATTYDRAFT 4/4/ 15!15! 1010 32-32- 92 consumption only, or establishments licensed to sell alcoholic beverages 93 on the effective date of this ordinance, or any person obtaining a special 94 events permit from the city. 95 96 f. Should a school existing on the effective day of this ordinance, 97 expand or otherwise move within 500 feet of any existing establishment 98 licensed to sell alcoholic beverages, the existing establishment shall be 99 exempt from the provisions of this section and such establishment shall 100 be permitted to expand its facility from time to time irrespective of the 101 distance restrictions in this section. 102 103 g. Uses in existence as of the effective date of this section shall not be 104 rendered nonconforming by these provisions, nor shall the provisions of 105 this section preclude the reconstruction of an alcoholic beverage 106 establishment following a disaster ( fire, flood, etc.), provided all other 107 applicable building, zoning, and other codes are met. 108 109 110 Section 4. Repeal of Section 9. 01. 03, Exceptions to Prohibited Locations 111 for Sales, of Chapter 9. 01, Alcoholic Beverages, of the Code of 112 Ordinances. 113 Section 9. 01: 03, Exceptions to Prohibited Locations for Sales, of Chapter 114 9. 01 of the Code of Ordinances, is hereby repealed. 115 116 117 118 119 120 121 122 123 124 125 126 Section 5. Severability 127 Should any provision of this ordinance be declared by a court of 128 competent jurisdiction to be invalid, such decision shall not affect the validity of 129 the remaining provisions. 130 131 Section 6. Effective-Date 132 This ordinance shall take effect immediately upon approval by the City 133 Council and signature of the Mayor. 134 135 136 137 ATTYORAFT 4/15/ 10 33- 138 Adopted Mike Anderson, Mayor 139 140 141 Attest: Approved for form and legal sufficiency. 142 143 144 _.. .. _....__... - -- -- ..._... -- -.... - -.... 145 Helen Spencer, City Clerk Toni L. Craig, City Attorney 146 147 New language is underlined; deleted language is 148 149 Codification Instructions: Sections of this Ordinance to be codified: Sections 2, 150 3, and 4. 151 Placement: Amends Volume II, Chapter 9. 01 as stated. 152 Editorial Authority: Edit "effective date" for actual date of adoption. ATTYORAFr 4115110 34-  MEMORANDUM To: Robert T: Mearns, City