Fort Walton Beach Council agenda — 06-12-2007 regular agenda — reading text

SETTLEMENT AGREEMENT - BROWN & BROWN. INC. Authorize the City Manager to execute a release agreement regarding the settlement agreement entered into between the Florida Department of Financial Services, the Florida Department of Legal Affairs, Office of the Attorney General, the Office of Insurance Regulation, and Brown & Brown, Inc. PUBLIC HEARING ORD. 1720 - FIRST READING The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; ADDING SECTION 10. 521 ENTITLED " INAPPROPRIATE DISCHARGE DETECTION AND ELIMINATION INTO STORMWATER SYSTEM" TO VOLUME II, CODE OF ORDINANCES; ESTABLISHING REGULATIONS FOR CONTRIBUTIONS OF POLLUTANTS BY STORMWATER DISCHARGE BY ANY USERS, AND TO PROHIBIT INAPPROPRIATE CONNECTIONS TO THE MS4; RESOLVING CONFLICTING PROVISIONS; DETERMINING SEVERABILITY; AND SETTING AN EFFECTIVE DATE. John Hofstad, Utilities Director, explained the ordinance will satisfy one of the elements the City must satisfy to comply with the National Pollutant Discharge Elimination System ( NPDES) permit and it will set the guidelines to administer the program, monitor the pollutant discharges, prohibit and stop them. The Mayor opened the public hearing. As there was no one who wished to speak the public hearing was closed. Mr. Miller moved to adopt Ord. 1720 on first reading. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, and Pullen in favor ( Hartwell absent). PUBLIC HEARING ORD. 1724- PERMIT FLAG POLES UP TO 200' AS CONDITIONAL USE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 12. 731 HEIGHT AND AREA EXCEPTIONS OF THE LAND DEVELOPMENT CODE TO PERMIT FLAG POLES UP TO A MAXIMUM HEIGHT OF TWO HUNDRED ( 200) FEET ABOVE GROUND LEVEL AS A CONDITIONAL USE; RESOLVING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Len Mitchell, CDS Long- Range Planning Manager, went over the background of the request from Eglin 99 to amend the Land Development Code to add flag poles as conditional use in order to install a landmark 170' flag pole at Uptown Station as a tribute to the area' s military personnel. He explained staff's intention to propose that flag poles be Permitted as accessory uses for those within the height and setback limits within their zoning district, and to propose for exceptional flag poles taller than the zoning districts, that the conditional use approach be applied and heard before the Municipal Planning Board Public Hearing. He reported the Ex- Officio member who represented the Eglin AFB Mission Enhancement Office presented the Air Force' s position on tall flag poles and suggested three criteria be included in any ordinance that went forward.  Regular Council 5- 22- 07 291 ORD. 1724 cont. Mr. Mitchell went over the three criteria suggested by Eglin as follows: 1). the ordinance should clarify maximum height should be no more than 200 feet above ground level and avoid a 200 foot flag pole on top of an existing structure; 2) the ordinance must not allow a cluster of flag poles; one flag pole will not impact the military mission; however, a cluster of oversized poles will create a tall and wide radar and visual/ optical instrumentation impairment and recommended verbiage to state a density limit of no more than 1 over- sized pole within a given 1 mile grid- square; and 3) the ordinance must require FAA approval prior to flag- pole installation; for example, FAA and/ or FCC regulations require lighting and alternating color striping on towers at 200 feet. He mentioned the l ordinance before Council has two provisions; first, that flag poles would be permitted uses as accessory structures in each zoning district subject to the height and setback requirements applicable to any accessory structure; and second, pursuant to provisions of Chapter 12. 94, flag poles up to a maximum of 200 feet above ground level may be considered and authorized as a conditional use in the following zoning districts: all commercial districts, all industrial districts, all mixed- use districts, all redevelopment districts, and in planned unit developments. He said the ordinance is drafted to deal with those flag poles that are not taller than the maximum height in each zoning district and the proposed additional language would amend the chapter in the supplemental regulations regarding height and area exceptions by adding a section regarding flag poles that would state flag poles are permitted as accessory structures. He said staff feels this is the best way to approach the issue and noted the Municipal Planning Board voted 3 to 4 in opposition to the particular version of the ordinance; however, as part of the due process it is before Council for consideration. Jay Odom, owner of Uptown Station, discussed his request for an amendment to the Code to allow tall flag poles as a conditional use and explained the reason for his request is because he wants to do something special and different tha.t can be a statement. He mentioned the military has said flag poles up to 200 feet are not a problem as long as they are not clustered; that the City currently has an ordinance that allows communication towers up to 500 feet; and he showed pictures of towers that currently exist in the City that are taller than the height he is asking be approved for a flag pole. He addressed a few issues that may raise questions. He addressed the question whether the change in the ordinance would allow a proliferation of tall flag poles advertising businesses in Fort Walton Beach and said it is not possible as the current ordinance of the City prohibits the flying of any advertising on a flag pole because it is considered a sign and the only thing that can be flown on the flag poles would be a country or a state flag. He said he would voluntarily restrict his to an American flag. He addressed the potential concern that the ordinance allowing tall flags poles could be parlayed into allowing tall buildings to be built and said that is not possible to parlay the ordinance into something that would say it is a precedent to allow tall buildings. He said he has no intention of, and will commit to, that he has no interest in building any buildings in the City of Fort Walton Beach higher than what the current code allows. He mentioned the City Attorney has said the ordinance is the correct approach. He said if the City felt it was necessary either in the ordinance or in the approval list of the ordinance, he would encourage to put in strict criteria of 200' setbacks from property lines, potentially 400' setbacks from residential, the military approval which said they have no problem up to 200' above grade, no advertising of any kind, approved by the FAA, and only 1 flag pole for every square mile. He commented the change in the ordinance will not allow any flag poles and it will require a specific submittal for a specific site for a specific project to go through a process to be reviewed an approved. He J suggested, because of the interest in height in the City, that they may want to require that the final approval in the process come back to Council for approval. He showed drawings of Uptown Station and the potential location of the flag pole within the central park site. He requested Council approval of the ordinance. The question was asked about the diameter of the base and construction of the pole. Mr. Odom replied the base of the flag pole would be 32" in diameter and the pole would be constructed out of galvanized steel, which comes in multiple sections, is engineered for hurricane force winds and designed to the Florida Hurricane Standards.  Council 292 Regular 5- 22- 07 ORD. 1724 cont. Mr. Odom was asked if he supported Eglin' s mission, if he was concerned about the height restrictions, if other flags could be flown from the flag pole, if other people could use the same ordinance, and whether it could be considered an banner. Mr. Odom advertising he replied supported Eglin' s mission and if it would interfere with their mission he would agree but Eglin has already stated they have no objection to flag poles to 200 feet; that he will not fly other flags and voluntarily committed to flying the American flag; others could use the same ordinance and fly a flag of a state or country other than an American flag; it could not be considered an advertising banner as the City Code specifically prohibits advertising flags or banners on flag poles. The question was asked if the pole would have additional heavier reinforced construction to prevent it falling toward the park area. Mr. Odom stated the foundation is 17 feet square by eight feet thick with 2 ~ inch bolts five feet long imbedded in the concrete and is designed not to tilt over in any direction. The Mayor Pro Tem opened the public hearing. Bill Walter, 320 Smith Drive NE, commended Mr. Odom for improving Fort Walton Beach greatly then spoke against a 170' flag pole that exceeds the limitation and height if it is allowed expressed at Uptown Station then everyone in the City should be allowed to do the same. Janet and Frank Fuller, 76 Waynel Circle, spoke in