Fort Walton Beach Council agenda — 10-30-06 ‎(special)‎ — reading text

shall be l~ ed'.only adjaCent ~ e ROW of roads listed in the Federal Highway SYstem F(edeia1 Aid Primary - FAP). The setback fi:om the ROW shall be a minimUII1 of 20'. The setback ITom a prppertysideline shall ,be a iniriimum of 10'. g) The totaln.umber ofbillboard sign' strUctures allowed in.the City is eight ( 8).the city shall inventory the existing billboard' structureS and rn~intahi a master list thereof. These eight stru~ es may be ~elocated or reconsttt.icted in the allowed zpning areas but in no case shall the total number of struc:t: exceed' eight ( 8). ures h) A permit to' reconStruct an existing billboard structure shall be issUed' providing that the applicati~n' and accoinpanying drawings meet the requiremn. ts of the City building dep~ FDQT regwations, meet wind 19adi,ng criteria of 130 mphand further cOmply with state building:cOdes per Florida statutes 553. 79(7). ' Recoristruct: To construct, erect, build,relocate,raise,' asseQlble, place, affix, attach, create, paint, draw, or any,other way bring into being or establish; but it.shall not include any of the foregoing activities when performed as an incident to the' change of message, protection from weather damage such as face removal for storm protection or routine maintenance.  ATTACHMENT B Letters from LAMAR Outdoor Advertising  ff',"};,"" ~.. ilJ.."',*,," Toni L. Craig Marital & Family Law Attorney at Law Construction Law 31 July 2005 James E. Moore The Moore Law Firm, PA 135 John Sims Pkwy Niceville FL 32588 RE: Lamar Sign Permit Review 252 Miracle Strip Pkwy SE Fort Walton Beach FL Dear Mr. Moore, I represent the City of Fort Walton Beach and have received a copy of your July 7, 2005, letter addressed to Malcolm Foley, Supervisor, Zoning and Building Division. I understand that the billboard at 252 Miracle Strip Pkwy SE was damaged in Hurricane Ivan and is one of the protected signs pursuant to the Lamar Litigation Settlement Agreement. Your client filed an application with the City because in your words, " the billboard in question must and will be rebuilt." Be advised that on June 8, 2005, I issued my legal opinion regarding the Lamar application for a permit. My legal opinion stated: I have reviewed all thepertinent information regarding the Building Permit Application by Corporation for the billboard at 252 Lamar Miracle Strip Parkway. The application specifically states the type of work is " demolition of existing billboard structure & construction of new billboard structure." This billboard is one of the eight FAP boards addressed in the Settlement Agreement from the Lamar litigation. The Agreement specifically allows Lamar to " maintain and operate" those eight boards. Chapter 479 defines the term " maintain." " Maintain" means to allow to exist." Section 14- 10. 007( 4), Florida Administrative Code, states that a sign may not be disassembled and re- erected at specifically the same location unless' the nonconforming sign meets the criteria set forth in section 14- 10. 007( 6). This application for a building permit does not satisfy the criteria of section 14- 10. 007( 6). Therefore, I advise that your denial of the pennit is legally correct." 244 Racetrack Rd NE Fort Walton Beach FL 32547- 1866 850) 243- 6969 Fax: ( 850) 244- 8929 Email: attycrg@aol.com Page Two MooreF/ oley Lamar The City has undertaken review of the application for "demolition" and " rebuild( ing]" of this sign in confonnance with the current City Code. The interpretation of the Settlement Agreement could be the purview of the Court. However, the express tenns of the settlement agreement do not extend the ability to re- erect those protected signs nor abrogate the City' s authority to regulate the technical aspects of maintaining, operating, and re- erecting any billboard. The settlement agreement simply protects those named eight signs from the amortization process which the City had undertaken at the time the litigation was ongoing. The application is technically insufficient and was therefore properly denied. If Lamar proceeds to re- erect the sign without proper pennitting, please know that the City may pursue all Code Enforcement and injunctive relief to which it is entitled. Thank you for your cooperation, and if you have any further questions, contact me. Sincerely, Gb~ u ~ ToffiL. Cnrig ~ tlcl CC: CDS Director City Manager Pennington Moore Gerald S. Livingston Wilkinson Attorney at Law Bell~ 850) 222- 3533 Dunbar P.A. jerry@penningtonlaw. com ATTORNEYS AT LAW www. penningtonJaw. com June 29, 2006 Toni L. Craig, Esquire via FACSIMILE ( 850/ 244- 8929) Attorney at Law and UNITED STATES MAIL 244 Racetrack Road, NE Fort Walton Beach, Florida 32547- 1866 RE: Modification to Settlement Agreement between Lamar Outdoor and Fort Walton Beach, Florida Dear Ms. Craig: This will serve as a follow up to our meetings, correspondence and telephone calls over the past several months relating to Lamar' s desire to upgrade the safety and appearance of the billboard structures which they operate within the City of Fort Walton. As we have previously discussed, an appropriate and expeditious way of removing and replacing existing structures is by way of Modification to the Settlement Agreement previously entered into between our clients. In this regard, I prepared and delivered to Joe Raines a proposed Modification Agreement which he delivered to Missy McKim on or about May 22, 2006. Additionally, Mr. Raines provided to Ms. McKim photographs and renderings of the replacement billboards. I enclosing herewith duplicate originals of the Modification to Settlement am Agreement which will accomplish the objectives which we have previously discussed. I am requesting that Modification Agreement be scheduled for consideration before the City Council for consideration and approval. Please advise as to when the Modification Agreement will be heard by City Council, which we are requesting be done as soon as possible. Thank you for your attention and cooperation in regard to the foregoing. Sincerely, Ge\- ald S. Livingston GSLjbgs cc: Joe Raines G: \ Barbar s\Jer y\ Lamar- Fort Walton\ Craig06- 2.9- 06. wpd 215 South Monroe St..2nd Floor (32301) . P.O. Box 10095 Tallahassee. FL 32302- 2095 850) 222- 3533 850) 222- 2 I 26 fax r"...... ~'~"""'  IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT, IN AND FOR OKALOOSA COUNTY, FLORIDA CASE NO. 00- 202- CA LAMAR TEXAS LIMITED PARTNERSHIP d/ b/ a LAMAR ADVERTISING OF FORT WALTON, Plaintiff, vs. CITY OF FORT WALTON BEACH, Defendant. MODIFICATION TO SETTLEMENT AGREEMENT This Modification to Settlement Agreement is made and entered into by and between Plaintiff, LAMAR TEXAS LIMITED PARTNERSHIP d/ b/ a LAMAR ADVERTISING OF FORT WALTON, and the Defendant, CITY OF FORT WALTON BEACH, as follows: WHEREAS, the parties hereto have previously entered into a Settlement Agreement on or about February 20, 2002 in the above- referenced cause of action; and WHEREAS, the parties hereto wish to modify the Settlement Agreement for the maintain and purpose of reducing the number of billboard structures which Lamar may operate within the City of Fort Walton Beach, Florida; and WHEREAS, Lamar has agreed to reduce the number of billboard structures which it may maintain and operate within the City of Fort Walton,