Fort Walton Beach Council agenda — 06-17-08 special agenda — reading text

posted in a conspicuous and public location near the entrance to the designated outdoor portion of the public food service establishment, the purpose of which shall be to place patrons on notice that the designated outdoor portion of the public food service establishment is currently available to patrons accompanied by their dog or dogs. The mandatory sign shall be not less than eight and one - half inches in width and eleven inches in height ( 8 '/ 2 x 11) and printed in easily legible typeface of not less than twenty ( 20) point font size. k. Dogs shall not be permitted to travel through indoor or undesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment shall not require entrance into or passage through any indoor or undesignated outdoor portion of the public food service establishment. A permit shall not be transferred to a subsequent owner upon the sale or transfer of a public food service establishment, but shall expire automatically upon such sale or transfer. The subsequent owner shall be required to reapply for an exemption permit if such owner wishes to continue to accommodate patrons' dogs. In accordance with section 509. 233( 6), Florida Statutes, the Community Development Services Director shall accept and document complaints related to the Dog Friendly Dining Program within the City of Fort Walton Beach, Florida, and shall timely report to the division all such complaints and the City' s enforcement response to such complaint. The CDS Director shall also M timely provide the division with a copy of all approved applications and permits. Any public food service establishment that fails to comply with the requirements of the pilot program shall be guilty of violating the Fort Walton Beach City Code and shall be subject to any and all enforcement proceedings consistent with the applicable provisions of the Fort Walton Beach City Code and general law. RECOMMENDATION: As stated above, the municipal planning board will consider the request at their June 5, 2008 regular meeting. This report was prepared prior to the MPB meeting. Staff will provide the MPB recommendation at the City Council Meeting. City Council may: 1) Approve the recommendation that the City Council sponsor and approve Ordinance 1764 referred to as the " Yappy Hour Act" creating the ` Dog Friendly Dining Program' within the city limits of Fort Walton Beach. 2) Approve with changes, the recommendation that the City Council sponsor and approve Ordinance 1764 referred to as the " Yappy Hour Act" creating the ` Dog Friendly Dining Program' within the city limits of Fort Walton Beach. 3) Deny the approval of Ordinance 1764 referred to as the " Yappy Hour Act" creating the Dog Friendly Dining Program' within the city limits of Fort Walton Beach. Enclosures: MPB minutes MPB Staff Report with Back Up City Attorney Memo Ordinance 1764 Concur tr/ Does Not Concur Hold for Discussion 9 City lla Oade 5  JUNE 59 2008 MUNICIPAL PLANNING BOARD MINUTES FORTHCOMING  MUNICIPAL PLANNING BOARD JUNE 5, 2008 REGULAR MEETING AGENDA ITEM 4. A. MPB CASE # 08 -16 -LD CONSIDERATION OF AN ORDINANCE ( 1764) OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTION 12. 73, ENTITLED " MISCELLANEOUS PROVISIONS," OF THE CITY' S LAND DEVELOPMENT CODE, BY CREATING ARTICLE 12. 743, ENTITLED " DOG FRIENDLY DINING;" BY CREATING, PURSUANT TO SECTION 509. 223, FLORIDA STATUTES, A LOCAL EXEMPTION TO CERTAIN PROVISIONS OF GENERAL LAW AND AGENCY RULES RELATING TO PUBLIC FOOD SERVICE ESTABLISHMENTS IN ORDER TO PERMIT PATRONS' DOGS AT CERTAIN DESIGNATED OUTDOOR PORTIONS OF SUCH ESTABLISHMENTS.  CITY OF FORT WALTON BEACH COMMUNITY DEVELOPMENT SERVICES DEPARTMENT PLANNING BOARD STAFF REPORT AND RECOMMENDATION Date: May 29, 2008 To: Chairman and Members of the Municipal Planning Board Via: Missy McKim, AICP, Director, CDS From: Malcolm H. Foley, AICP, Zoning & Building Supervisor Samantha Abell, Senior Planner SUBJECT: Yappy Hour —Dog Friendly Dining Amendment to the LDC (Ord. 1674) REQUEST: The CDS Department has received a request from the owner' s of Tijuana Flats restaurant and Dee Poirrier, CEO ofPAWS requesting the city sponsor an amendment to the land development code (LDC) to allow patron' s dogs within certain outdoor areas ofrestaurants within the city limits. BACKGROUND: On June 2, 20061 in Orlando, Florida, the Governor of the State of Florida, approved ( Committee Substitute for Senate Bill 1172 ofthe 2006 Florida Legislature), an act creating sec. 509.233, F. S. which created a pilot program authorizing local governments to adopt an ordinance establishing a local exemption to certain provisions and rules relating to public food service establishments. This pilot program allows patrons' dogs at certain designated outdoor portions of establishments permitted under the newly established procedures. Each local government may adopt an amendment to its LDC in order to establish the exemption. Attached hereto, is an amending ordinance creating the pilot program for the City ofFort Walton Beach whose title is the " Yappy Hour Act." AMENDING ORDINANCE # 1764 PROCESS: The process for the review ofan amending ordinance which does not amend the list ofpermitted uses in a zoning district, nor amends the zoning of a parcel of land requires two (2) public hearings before the city council that has final authority. The municipal planning board makes a recommendation to city council after reviewing the amending ordinance at a regularly scheduled meeting. There is no state or city requirement to advertise or notice this MPB review. The city council will review the amendment on first reading and the second reading public hearing will be notice by advertising the required notice in the Daily News ten ( 10) days before the final public hearing. The notice shall include the title of the amending ordinance, the day, time and place at which the public hearing will be held and where copies of the ordinance may be inspected by the public prior to the final second reading pubic hearing. The city clerk is responsible for the execution of the notice of public hearing requirements. ORDINANCE 1764 " YAPPY HOUR ACT" DOG FRIENDLY DINING: Ordinance 1764 creates Article 12. 743. 00 entitled, " Yappy Hour Act ", which includes Section 12. 743. 01, entitled " Enactment, Definitions." Section 12. 743. 02, entitled, " Permit Required; Submittals." Page 1 of 4, Rec. Ord # 1764  and Section 12. 743. 03, entitled " General Regulations; Cooperation; Enforcement" by amending Chapter 12. 73 entitled, " Miscellaneous Provisions" of the city' s land development code. Section 12. 743. 01, entitled " Enactment; Definitions" is contained on pages 2 and 3 of the amending ordinance. The purpose and intent ofthe amendment is to implement the pilot program established by section 509.223, Florida Statutes (2006), by permitting public food service establishments within the City of Fort Walton Beach, subject to certain terms and conditions to become exempt from portions of the United States Food and Drug Administration Food Code, as amended from time to time, and as adopted by the State of Florida Division of Hotels and Restaurants of the Department of Business and Professional Regulation, by allowing patrons' dogs within certain designated outdoor portions oftheir respective establishments. This exemption procedure will be known as the City of Fort Walton Beach Do F riendly.Dinng Program.' The definitions required to implement this exemption include: a. " Division" means the Division of Hotels and Restaurants of the State of Florida Department of Business and Professional Regulation. b. " Dog" means an animal of the subspecies Canis lupusfwniliaris. C. " Outdoor area" means an area adjacent to a public food service establishment that is predominantly or totally free of any physical barrier on all sides and above. d. " Patron" has the meaning given to " guest" by section 509.013, Florida Statutes. e. " Public food service establishment" has the meaning given it by section 509.013, Florida Statutes. f. " Community Development Services Director" has the meanings given it by Chapter 2. 14, Fort Walton Beach Code of Ordinances. Section 12. 743. 02, entitled, " Permit Required; Submittals" is contained on pages 2 and 3 ofthe proposed Ordinance # 1764. In order to protect the health, safety, and general welfare ofthe public, a public food service establishment is prohibited from having any dog on its premises unless it possesses a valid permit issued in accordance with this proposed exemption. Applications for a permit shall be made to the Community Development Services Director and shall include, along with any other information deemed reasonably necessary to implement and enforce the provisions of this pilot program, the following: a. The name, location, and mailing address ofthe subject public food service establishment. b. The name, mailing location, and telephone contact information ofthe permit applicant. c. A diagram and description of the outdoor area to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement oftables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries ofthe designated area and ofany other areas of outdoor dining not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights -of way, - including sidewalks and common pathways; and such other information reasonably required by the Community Development Services Director. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional. Page 2 of 4, Rec. Ord # 1764  d. A description of the days of the week and hours of operation that patrons' dogs will be pernutted in the designated outdoor area. e. All application materials shall contain the appropriate division issued license number for the subject public food service establishment. of the Newly created Section 12. 743. 03, entitled " General Regulations; Cooperation; Enforcement" amending Ordinance # 1764 provides that in order to protect the health, safety, and general welfare ofthe