Fort Walton Beach Ordinance — 2153--Amending LDC Section 6.06.00 Prohibit Commercial Transit and Amortization Period — reading text

READING DATE lst 2nd - 1,02 ORDINANCE 2153 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING SECTION 6.06.00 OF THE LAND DEVELOPMENT CODE TO ADD A SECTION 6.06.01 TITLED " DEFINITIONS"; AMENDING SECTION 6.06. 00 OF THE LAND DEVELOPMENT CODE TO ADD A SECTION 6.06.02 TITLED " COMMERCIAL BUS STOPS PROHIBITED WITHIN CITY LIMITS"; PROHIBITING THE USE OF LAND FOR COMMERCIAL BUS STOPS WITHIN THE CITY LIMITS OF FORT WALTON BEACH, FLORIDA, IMMEDIATELY; PROVIDING AN AMMORTIZATION PERIOD FOR ANY EXISTING COMMERCIAL BUS STOPS AND EXTINGUISHING THE GRANDFATHERING OF COMMERCIAL BUS STOPS AS A NON- CONFORMING USE AFTER SEPTEMBER 10, 2025; PROVIDING A METHOD FOR AFFECTED PARTIES TO SEEK LIMITED RELIEF FROM THE USE PROHIBITION ESTABLISHED BY THIS ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Fort Walton Beach is a family-oriented community concerned about the safety of individuals who travel to and from the City; WHEREAS, for sixty-one years the only Commercial Bus Stop location in Fort Walton Beach was a dedicated stand- alone facility located at 101 Perry Avenue; WHEREAS, the 101 Perry Avenue Transit Stop closed on February 28, 2019; WHEREAS, the Intercity Common Carrier Bus Service vendor that operated the 101 Perry Avenue location has undertaken a nationwide restructuring to divest itself of most of its dedicated stand- alone Commercial Bus Stops, pivoting instead to contract for bus stops at convenience stores and other locations that do not meet the stringent federal standards that common carriers must adhere to when siting their bus stops; WHEREAS, issues are arising throughout the country as contracted convenience stores usually are not appropriate to serve as Commercial Bus Stops; WHEREAS, from the perspective of the passengers, the convenience stores are not suitable as they do not provide adequate food, water, and restroom facilities for the passengers; WHEREAS, around the country, there are stories of passengers being stranded at convenience store bus stops and not permitted to use restrooms, or to have access to potable water; WHEREAS, the Intercity Common Carrier Bus Service industry has experienced a significant nationwide decline, impacting the availability and reliability of bus services;  WHEREAS, the systemic decrease in Intercity Common Carrier Bus Service reliability has contributed to under -maintained and deficient bus stops, affecting the safety and well-being of embarking and debarking passengers; WHEREAS, the situation is not expected to ever improve as the only Intercity Common Carrier Bus Service vendor that provides Commercial Bus Services in the City, which is the largest vendor in the country and one of only a handful that still exist, was purchased by a German private equity group in 2023 and has since accelerated the closure of dedicated Commercial Bus Stops in favor of contracting with convenience stores to host Commercial Bus Stops; WHEREAS, recent ordinances in cities such as Chicago and counties like Douglas County, Colorado, have demonstrated a necessary response to unregulated and unsafe bus operations by the Intercity Common Carrier Bus Service industry that compromise public safety and community order; WHEREAS, there have been documented failures within the Intercity Common Carrier Bus Service industry to adequately protect both the passengers and the general public at bus stops, leading to increased risks and safety concerns; WHEREAS, the City Council recognizes the need to adapt policies to reflect these changes in the Intercity Common Carrier Bus Service industry and ensure the safety of its citizens; WHEREAS, the lack of adequate safety measures at Commercial Bus Stops around the country has not only endangered passengers but also posed potential hazards to the general public; WHEREAS, the City Council is committed to upholding the highest standards of public safety and community welfare, and must therefore take proactive steps to address and mitigate these risks; WHEREAS, the establishment of regulated, well-maintained, and strategically located Commercial Bus Stops is essential for maintaining public order and ensuring the safety of all city residents and visitors; WHEREAS, the City Council regretfully finds that a Commercial Bus Stop prohibition is in the best interests of the City, is of great public need, and is the most reasonable measure left available to the City Council to protect the health, safety and welfare of the community and the reputation of the City as a safe community, and the benefit to the public outweighs the loss to the affected parties; WHEREAS, the City Council possesses home rule powers to legislate on any matter not inconsistent with general law or special law, and is specifically authorized to create and implement a plan of zoning uses, and to amend the list of uses that are permitted or prohibited;  WHEREAS, Florida takings law is settled that compensation for lost profits and business loss are creatures of statute, and there is no statute in Florida that commands compensation for profits lost or business damages resulting from the prohibition of operating a Commercial Bus Stop within the City; WHEREAS, the City Council is nonetheless mindful that to prohibit the operation of Commercial Bus Stops in the City immediately would disappoint passengers accustomed to utilizing Intercity Common Carrier Bus Services to travel to and from Fort Walton Beach, and could constitute a regulatory taking of the market value of operating Commercial Bus Stops today; WHEREAS, the City Council desires to ensure that the businesses affected by this ordinance not only have sufficient time to recover their investment in configuring their property to operate Commercial Bus Stops, but also to develop alternative business models; WHEREAS, Florida has long recognized the power of municipalities to amortize nonconforming uses as a valid exercise of the police power; WHEREAS, the City Council has considered the time necessary to allow property owners and business operating Commercial Bus Stops located within the City of Fort Walton Beach to recoup the unrealized investments in the bus stops, and wishes to provide the owners party sufficient time to recoup those investments; WHEREAS, based upon the above considerations, the City Council finds that a period ending September 10, 2024, is a reasonable time and wholly adequate for the property owners and businesses to recoup any unrealized investment in their property; WHEREAS, the City Council desires to provide each affected business more than sufficient time to recoup their investment and develop alternative lines of business, and also to allow the public to become familiar with the change and therefore shall extend the reasonable amortization period from an expiration on September 10, 2024, to September 10, 2025; WHEREAS, the City Council has determined that the operation of Commercial Bus Stops should be phased out in the City altogether over a reasonable period that would allow property owners and businesses which operate Commercial Bus Stops to achieve their investment expectations and enjoy the time and resources to develop other business models; WHEREAS, the City Council based upon the forgoing considerations, and information available to it, finds that an amortization period ending September 10, 2025, will allow each business to recoup those investments made prior to enactment of this ordinance; WHEREAS, City Council finds that a phase out over one year will allow a grace period during which persons who currently provide Commercial Bus Stops may continue to do so while developing alternate business models, and the public may continue to enjoy the Commercial Bus Stops but become aware that a Commercial Bus Stop will not be available in the future within City limits;  WHEREAS, the City Council has determined that the burden on the public of permitting the improper siting of Commercial Bus Stops far outweighs the burden of the infringement upon the property rights of the very few businesses who have been grandfathered into the continued operation of Commercial Bus Stops; WHEREAS, the City Council is creating a fair and reasonable petition process by which the businesses may prove that it will be unable to recoup its investment by the effective date of this ordinance; WHEREAS, the City Council petition process allows for an extension of time for continued Commercial Bus Stop operation to prevent any taking of property without adequate opportunity to recover the unrealized investment in that property; WHEREAS, the City Council finds and determines that prohibiting the siting of Commercial Bus Stops within the City limits benefits the health, welfare, and safety of the public; and NOW, THEREFORE, BE IT RESOLVED, that the City Council enacts this ordinance to prohibit the establishment of new Commercial Bus Stops and reassess existing ones, aiming to improve and enhance community well-being. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. Authority And Intent. The authority for enactment of this ordinance is contained in Chapter 166. 021, 163. 3202, and other provisions of the Florida Statutes and Section 2 of the City Charter. SECTION 2. Recitals. The forgoing recitals are correct and express the legislative intent of the people of the City of Fort Walton Beach. In summation, the City Council finds that the operation of Commercial Bus Stops creates a nuisance, and therefore intends to prohibit the operation of any existing Commercial Bus Stops entirely after September 10, 2025, unless any current business or property owner is able to establish by a preponderance of the evidence that it will be unable to amortize its investment within that time in which case it may be granted relief under this Ordinance. SECTION 3. Amendment to Section 6. 06. 00 - Requirements for Transit Stops 6. 06. 01 Definitions Charter Bus Service: A Charter Bus Service is a type of service where buses are rented by individuals or organizations for exclusive private use. Unlike an Intercity Common Carrier Bus Service, which follows specific routes with set schedules, a Charter Bus Service is hired for specific trips.  Charter Bus Stop: A Charter Bus Sto is an ephemeral location where a Charter Bus May ark to pick un or drop off passengers at the direction of the gropp renting the bus. Unlike Public Commercial or School Bus Stops, Charter Bus Stops do not have pennanent signage or designated infrastructure. They are chosen based on the convenience and preferences of the roup renting the bus and can vary from trip to trip. These stops are typically coordinated with the bus co= gny and can be temporarily located an here so long as the location does not violate any other laws. Commercial Bus Stop: A Commercial Bus Stop is a designated location where Intercity Common Carrier Bus Service buses operating on commercial routes