Fort Walton Beach Council agenda — 05-22-2007 regular agenda — reading text

obstruction to safe and easy access to the facility upon the written or 225 request of the City; 226 227 08 Search Warrant for Compliance Monitoring 10.521. 228 If an owner or operator of a facility subiect to the provisions of this ordinance 229 refuses access to the City of any part of the premises. The City may apply for the 230 issuance of a search warrant from any court of competent iurisdiction. The City must 231 demonstrate probable cause that there may be a violation of this ordinance or a need 232 to inspect and sample discharge from the facility to verify compliance with this 233 ordinance or to protect the overall public health. safety. and welfare of the 234 community. 235 236 10. 521.09 Use GfBest Management Practices. 237 The City shall adopt and identify Best Management Practices for any activity. of 238 operation. or facility which may cause or contribute to pollution or contamination 239 stormwater. the storm drain system. or waters of the United States. The owner or at their own expense. 240 operator of such activity. operation. or facility shall provide. 241 reasonable protection from accidental discharge of prohibited materials or other 242 wastes into the municipal storm drain system or watercourses through.the use of these 243 structural and non- structural BMPs. Further. any person responsible for a property or 244 premise that is. or may be. the source of an unpermitted discharge. may be required to BMPs to 245 implement. at said person' s expense. additional structural and non- structural  prevent the further discharge of pollutants to the MS4. Compliance with all 246 tenns 247 and conditions of a valid NPDES pennit authorizing the discharge of stonnwater 248 associated with industrial activity. to the extent practicable. shall be deemed 249 compliant with the provisions of this section. These BMPs shall be part of a 250 stonnwater management plan ( SWMP) as necessary for compliance with 251 requirements of the NPDES pennit. 252 253 254 10. 521.10 Notification of Spills for facility operation or responsible for 255 Any person responsible a or of or receives emergency response for a facility or operation who becomes 256 aware 257 infonnation of any known or suspected release of materials that result or may result in 258 unauthorized discharges or pollutants discharging into stonnwater. the stonn drain to the 259 system. or waters of the United States. shall take all necessary steps. pursuant City's BMPs. to discover. contain. and cleanup such discharge. In the event of such a 260 261 discharge of hazardous materials. said person shall immediately notify the appropriate 262 emergency response agencies via emergency disvatch services. 263 In the event of a release of non-hazardous materials. said person shall notify 264 the City in person or by phone or facsimile no later than 5: 00 p. m. on the next 265 business day. If notification is made in person or by phone. the person responsible 266 for the facility or operation shall confinn that notification by sending a written notice 267 addressed and mailed to the City of Fort Walton Beach within seven f71 business days 268 of the phone or in person notice. 269 If the discharge of prohibited materials emanates from a commercial or 270 industrial establishment. the owner or operator of such establishment shall also retain 271 an on- site written record of the discharge and the actions taken to prevent its 272 recurrence. Such records shall be retained for at least five r5] years. 273 274 10.521. 11 Violations. Enforcement. Penalties. 275 It shall be unlawful for any person to violate any provision or fail to comply 276 with any of the requirements of this ordinance. Violations of the provisions of this 277 ordinance may be enforced pursuant to chapter 1. 8 of the Code. or otherwise as 278 provided by law. 279 However. any condition caused or permitted to exist in violation of any 280 provision of this ordinance may also be deemed a threat to public health. safety. and 281 welfare. and declared a public nuisance. If any condition is deemed and declared a 282 public nuisance. the City shall abate. enjoin. suspend MS4 discharge access. or 283 otherwise compel the cessation of such nuisance pursuant to chapter 5. 05 ofthe code. 284 The remedies listed in this ordinance are not exclusive of any other remedies 285 available under any applicable federal. state or local law and it is within the discretion 286 of the City of Fort Walton Beach to seek cumulative remedies. 287 288 SECTION 3. CONFLICT 289 The requirements of this ordinance are supplemental to the requirements of 290 any other ordinance, rule, regulation, or other provision of law. If any provision of 291 this ordinance imposes restrictions different from those imposed by any other 292 ordinance, rule, regulation, or other provision of law, whichever provision imposes 322 323 324 325 Codification Instructions: 326 Sections of this Ordinance to be Codified: Section II 327 Placement: Volume II, Chapter 10. 521 328 Numbering: New Chapter 10. 521, et. seq. 329 Historical Note: Ord. 1720 ~ .---- 12007)  CITY COUNCIL MEETING May 22, 2007 Public Hearing Agenda Consideration of Ordinance 1724, amending Chapter 12. 731Height and Area Exceptions of the Land Development Code to permit flag poles up to a maximum height of two hundred feet First Reading) ( CDS Director) Municipal Planning Board Recommendation: Disapprove ( 3-4) (5/3/07) Council Action 1st 2nd Vote: PH - 6 Agenda Item Number:  CITY OF FORT WALTON BEACH COMMUNITY DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM Date: May 14, 2007 To: ~ Joyce Shanahan, City Manager ~ Through: Missy McKim, CDS Directo~ . . L. AJ From: Len Mitchell, Planning Manager UR V r. lAt1 Subject: Ordinance 1724- Proposes to Amend 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. BACKGROUND: The City has received an application from Eglin 99, Ltd. to amend the Land Development Code LDC) by adding the land use " Flag Poles as conditional use, height exception" as a conditional use to the C- 2 General Commercial District. The request is not site specific except as it applies to the C- 2 General Commercial District. The applicant paid the application fee and deposit of 900. 00 on March 1, 2007. The applicant would like to install a landmark flag pole at Uptown Station as a tribute to the area' s military personnel. The applicant inquired about height limitations with regards to flagpoles and specifically about the ability to locate a 170' flagpole at Uptown Station. Amendments to the Land Development Code may be initiated by the City Council, the Municipal Planning Board ( MPB), the City staff, or by a citizen. The process requires that the MPB review and vote a recommendation to the City Council on the proposed amending ordinance. At the May 3, 2007 meeting of the Municipal Planning Board staff presented to the Board the fact that the Board had directed staff at the April 5, 2007 meeting to add a purpose to the draft ordinance prepared by the City Attorney and bring it back for the Board' s consideration. Staff advised that such a version was included in the backup for the meeting but that there was concern among staff and the applicant that that version would require all flagpoles to secure a conditional use permit, not what staff had intended. Staff presented a new draft of proposed Ordinance 1724 (draft May 3, 2007 CDS) which had been reviewed and found acceptable to the City Attorney and the applicant. Larry Greene, Ex- Officio member, who represents the Eglin AFB Mission Enhancement Office on the Municipal Planning Board, reviewed with the Board the recommendations the Air Force had regarding the proposed flag pole ordinance, which were received by the City on 5- 3-07: 1. The ordinance should clarify max height should be no more than 200 feet above ground level ( Must 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. Recommend verbiage to state a density limit of no more than 1 over-sized pole within a given 1 mile grid square. 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.) The Municipal Planning Board during their deliberations discussed the following questions and issues at the May 3, 2007 meeting: 1) How would a flag pole of 200 feet diminish the respective size and area of the monument in front of City Hall and suggested that the applicant consider locating the proposed flap pole there [ applicant respectfully declined]; 2) What the setback requirements were for accessory structures [CDS responded accessory structures setbacks vary with zoning district]; 3) How the City would provide protection from inappropriate flags, and whether the ordinance could state to display appropriate flags on property [ The City Attorney responded no, and that is the door that is opening by addressing flag poles, it is a matter of free speech and the City cannot infringe upon free