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

speech and she added that there are regulations under the United States Code that say how to fly flags but someone cannot be stopped from flying another flag]; 4) Questioned if flags at docks are excluded from the restrictions under section 12. 94. City Attorney replied that is an accessory structure and it is not a problem as long as it does not exceed the height]; 5) Questioned what the height of the tallest existing structure at Uptown Station applicant responded 40 feet]; 6) Questioned why 200' if the tallest building in that area is 40 feet and it was commented that individuals have said they do not want to see anything above the tree lines, and people would rather see a church steeple than a flag pote that high [ applicant responded because he would like to do something special for the area that is a tribute to the patriotism and the military, the City' s water tower across the street is 170 feet high, to go over 170 feet would require a different style which would be a monumental increase in the size of the structure and expensive, 170 foot height would be in sync with the water tower and it can be seen from around the area and it will be lighted so it can be displayed all the time]; 7) Questioned if the flag will fly 24fi and if there would be a spot light sufficiently bright to illuminate it [ applicant stated it will fly 24fi and to fly it at night correctly it has to be lit]; 8) Questioned what provisions will be made to keep children from trying to climb the pole applicant said there is nothing on the outside of the pole and was unsure how it could be climbed, and he would not be opposed to putting a ring around it 20 feet off the ground so they cannot get to it];  9) Questioned what provisions will be made to make sure lightening does not skip and electrocute anyone under the shelter of the buildings in the children' s playground. applicant stated the flag pole provides more protection because not only does the base contain several tons of steel that acts as a grounding rod but in the bottom of the hole there is an additional grounding rod so that the flag pole is extremely well grounded and if lightening were to hit it the lightening would go straight into the ground and that code is very strict on electrical grounding for the structure]; and 10) Questioned City Attorney that if a flag pole was approved at that height if it would open the door for buildings to be built that tall [ City Attorney responded no, they could not and explained that it is being looked at as an accessory structure; the size of a flag pole as it being a structure, it is not a building. She said when the Comprehensive Plan talks about maximum heights, it talks about maximum building heights, and it does not refer to any other structures]; 11) Commented that if the applicant is permitted a tall flag pole then no one within 1 mile radius cannot put up a flag pole of that height (City Attorney explained as long as it did not exceed the height in that district and she noted the military recommendation is a limit of no more than 1 over-sized poles, which meant exceeding the height limits]; and 12) Commented that perhaps the ordinance should include the proposed recommendations by the military and should be made part of the criteria ( City Attorney stated that it should not, as that is the purpose of a conditional use on a property, the use is particular to that parcel and a lot of issues have to be taken into consideration and the code already sets those out). Bob Rettie, 317 Sudduth Circle, expressed admiration for everything Mr. Odom has done to improve the community. He expressed concern on the one flag pole per square mile and his belief that the laws should apply equally to all citizens and if Mr. Odom gets one then the rest in that mile will not have equal opportunity. There was no one else from the public who wished to speak. Mr. Scott moved and Ms. Glover seconded a motion to approve Ordinance 1724 ( draft May 3, 2007 CDS). The motion failed 3-4 with Scott, Glover and Fiasco voting in favor, and Gercak, Wilson, McDonald, and Wayne opposed. After due public notice the City Council shall hold a public hearing after the first reading of the ordinance amending the land Development Code. The City Council may consider approval after a public hearing based on the application and the relevant support materials, testimony at the public hearing, the MPB recommendation, and the Staff Report. The City Council may adopt the ordinance after second reading. The City Council should consider the proposed Ordinance 1724 ( draft May 3, 2007 CDS) on first reading at their regular meeting on May 22, 2007. DISCUSSION: The applicant was advised by staff and the City Manager that the City defines a flagpole as a structure and therefore it would be limited to the 70' maximum height allowed in the C- 2 Zoning District in which Uptown Station is located ( Exhibit A). The application was patterned after existing regulations for communications towers according to the applicant. The application requested that Chapter 12.423 C- 2 General Commercial District be amended to add a new subsection 12.423. 07 Flag Poles as conditional use, height exception, as follows: see Exhibit 1). Staff drafted the initial version of Ordinance 1724, based on the applicant' s request, that if adopted would amend the C- 2 General Commercial District to add a new sub- section 12.423. 02, Conditional Uses and Structures, as specified in Ordinance 1724 ( Exhibit B). The City Attorney' s Office has reviewed the application and the draft ordinance. The City Attorney has raised several valid issues about the appropriateness of the request. Question legally sufficiency. Appears to be special privilege by making conditional use only in C- 2 District. Same standards proposed are already part of conditional use process criteria. 5. 12.94) Need only to add one provision to C- 2 ( 5. 12. 94. 031) Section 12. 94. 031 Flag poles Pursuant to the provisions of chapter 12. 94, flag poles 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. The ordinance is drafted to deal with those flag poles that are not taller than the maximum height in the zoning district. The proposed additional language beginning on line 41 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 in each zoning district, subject to the height and setback requirements applicable to any accessory structure." Additional language suggested by the City Attorney beginning on line 45 that states that "Pursuant to the provisions of chapter 12. 94 ( which is the chapter that deals with conditional uses), 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." The proposed ordinance deals with the entire subject matter of flag poles and where they can be erected based on land use categories. RECOMMENDATION: The City Council may: 1) Approve Ordinance 1724 as presented on first reading; 2) Approve Ordinance 1724 with changes, which may, if determined significant by City Attorney, require reconsideration of the Ordinance on first reading at the next meeting; or 3) Disapprove Ordinance 1724 as recommended by the Municipal Planning Board. Enclosures: Ordinance 1724 ( Draft 5- 3- 07 CDS)  Draft MAY 3, 2007 CDS 1 2 ORDINANCE 1724 3 4 5 AN ORDINANCE OF THE CITY OF FORT WALTON 6 BEACH, FLORIDA; PROVIDING FOR AUTHORITY; 7 AMENDING CHAPTER 12. 731 HEIGHT AND AREA 8 EXCEPTIONS OF THE LAND DEVELOPMENT CODE TO 9 PERMIT FLAG POLES UP TO A MAXIMUM HEIGHT OF 10 TWO HUNDRED ( 200) FEET ABOVE GROUND LEVEL 11 AS A CONDITIONAL USE; RESOLVING CONFLICTING 12 PROVISIONS; PROVIDING FOR SEVERABILITY; AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, the City of Fort Walton Beach finds that there is a need to 16 provide a process for property owners to be able to receive approval to install flag 17 poles and to display flags on their property; 18 WHEREAS, the City of Fort Walton Beach finds that the conditional use 19 process is the appropriate process for consideration of such a request; 20 WHEREAS, a public hearing was held before the Municipal Planning 21 Board onMay 3, 2007 and the Municipal Planning Board has recommended 22 approval of the amendment; 23 WHEREAS, two public hearings have been conducted after giving due 24 public notice pursuant to Section 166. 041, Florida Statutes, by the City Council of 25 Fort Walton Beach. 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: 28 SECTION I. AUTHORITV AND INTENT 29 The authority for enactment of this Ordinance is pursuant to the powers of 30 the City of Fort Walton Beach provided in the City Charter and section 166. 021( 1), 31 Florida Statutes (2006). 32 SECTION II. AMENDMENT TO CHAPTER 12. 731, HEIGHT AND AREA 33 EXCEPTIONS, OF THE LAND DEVELOPMENT CODE, TO ADD SECTION 34 12.731. 06, FLAG POLES. 35 36 Chapter 12. 731, Height and Area Exceptions, is hereby amended to add 37 section 12.731. 06, Flag Poles, as follows: 38 39 Sec. 12. 731. 06 Flag Poles 40 41 ( 1) Flaa poles are permitted as accessory structures in each 42 zonina district. subiect to the heiaht and setback reauirements 43 applicable to any accessory structure. 44 45 ( 2) Pursuant to the provisions of chapter 12. 94. flaa poles. UP to a 46 maximum of 200 feet above around level. may be considered and 47 authorized as a conditional use in the followina zoning districts: all 48 commercial districts. all industrial districts. all mixed- use districts. all 49 redevelopment districts. and in planned unit developments. 50 51 SECTION III. CONFLICTING PROVISIONS. 52 If any ordinance or parts of any ordinance are in conflict with this 53 ordinance, the provisions of this ordinance shall prevail. 54 55 SECTION IV. S~ VERABILlTY. 56 Should any section or provision of this ordinance, or any portion thereof, 57 be declared by a court of competent jurisdiction to be invalid, such decision shall 58 not affect the validity of the remainder, as a whole or any part hereof, other than 59 that part declared to be invalid. 60 61 SECTION V. EFFECTIVE DATE. 62 63 This Ordinance shall take effect immediately upon approval by the City 64 Council and signature of the Mayor. 65 66 67 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF 68 FORT WALTON BEACH, FLORIDA