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

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. Staff drafted an ordinance based on the applicant' s request that if adopted would amend the C- 2 General Commercial District to add a new sub-section 12A23. 02, Conditional Uses and Structures. Staff recomm~ nded that if the MPB would like to see flagpoles up to 200 feet, they direct staff to prepare an ordinance incorporating the city attorney' s recommendations and appropriate criteria similar to that provided by the applicant. The City Attorney' s Office reviewed the application and the draft ordinance. The City Attorney raised several valid issues about the appropriateness of the request questioning legally sufficiency, indicating that it appeared to be a special privilege by making conditional use only in C- 2 District, indicating that the same standards proposed are already part of conditional use process criteria ( 8. 12. 94) and that ordinance needs to add one provision, as follows: Section 12. 94. 031 Flaa poles Pursuant to the provisions of chapter 12. 94. flaa poles may be considered and authorized as a conditional use in the followina zonina districts: all commercial districts. all industrial districts. all mixed- use districts. all redevelopment districts. and in planned unit developments. At the April 5, 2007 meeting the Board directed staff to prepare an ordinance incorporating the City Attorney' s recommendations. Ms. Glover seconded motion and it carried unanimously with Fiasco, Gercak, Glover, McDonald, Scott, Wayne, and Wilson in favor. The Chairman noted the applicant has paid the application filing fees and deposit. DISCUSSION: The amendment process- 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. 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. Staff has added the following language to the ordinance drafted by the City Attorney and presented at the April 5, 2007 meeting: WHEREAS, the City of Fort Walton Beach finds that there is a need to provide a process for property owners to be able receive approval to display flags on their property on flagpoles taller than 70 feet; WHEREAS, the City of Fort Walton Beach finds that the conditional use process is the appropriate process for consideration of such a request; and, WHEREAS, a public hearing was held before the Municipal Planning Board on May 3, 2007 and the Municipal Planning Board has recommended approval of the amendment; and, WHEREAS, two public hearings have been conducted after giving due public notice pursuant to Section 166. 041, Florida Statutes, by the City Council of Fort Walton Beach. The ordinance as drafted will provide the opportunity for the Municipal Planning Board to consider approval as a Conditional Use any proposal to site a flagpole taller than 70 feet in any commercial, industrial, mixed use, redevelopment districts or planned unit developments. RECOMMENDATION: The Municipal Planning Board may: 1) Recommend approval of Ordinance 1724 as drafted by staff; 2) Recommend approval of Ordinance 1724 with changes; or 3) Recommend denial of Ordinance 1724. Staff recommends # 1 2 Enclosures: Ordinance 1724 (drafted 4- 17- 07) Minutes 4- 5- 07 Staff Report 3- 26- 07 wI attachments 3  DRAFT 4- 17- 07 1 2 ORDINANCE 1724 3 4 5 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 6 FLORIDA; PROVIDING FOR AUTHORITY; AMENDING 7 CHAPTER 12. 94 OF THE LAND DEVELOPMENT CODE TO 8 PERMIT FLAG POLES AS A CONDITIONAL USE; RESOLVING 9 CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City of Fort Walton Beach currently limits the height of flagpoles to 13 70 feet; and, 14 WHEREAS, the City of Fort Walton Beach finds that there is a need to provide a 15 process for property owners to be able receive approval to display flags on their property on 16 flagpoles taller than 70 feet; 17 WHEREAS, the City of Fort Walton Beach finds that the conditional use process 18 is the appropriate process for consideration of such a request; and, 19 WHEREAS, a public hearing was held before the Municipal Planning Board on 20 May 3, 2007 and the Municipal Planning Board has recommended approval of the 21 amendment; and, 22 WHEREAS, two public hearings have been conducted after giving due public 23 notice pursuant to Section 166. 041, Florida Statutes, by the City Council of Fort 24 Walton Beach. 25 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF FORT 27 WALTON BEACH, FLORIDA, AS FOllOWS: 28 SECTION I. AUTHORITY AND INTENT 29 The authority for enactment of this Ordinance is pursuant to the powers of the City of 30 Fort Walton Beach provided in the City Charter and section 166. 021( 1), Florida Statutes 31 ( 2006). 32 33 SECTION II. AMENDMENT TO CHAPTER 12. 94, CONDITIONAL USES, OF THE LAND 34 DEVELOPMENT CODE, TO ADD SECTION 12.94. 031, FLAG POLES AS A 35 CONDITIONAL USE. 36 Chapter 12. 94, Conditional Uses, is hereby amended to add section 12. 94. 031, 37 Flag Poles, as follows: 38 39 Sec. 12. 94. 031 FlaQ Poles 40 Pursuant to the provisions of chapter 12. 94. flaQ poles may be considered 41 and authorized as a conditional use in the followinQ zonina districts: all 42 commercial districts. all industrial districts. all mixed- use districts. all Page 1 of 2 43 redevelopment districts, and in planned unit developments. 44 45 SECTION III. CONFLICTING PROVISIONS. 46 If any ordinance or parts of any ordinance are in conflict with this ordinance, the 47 provisions of this ordinance shall prevail. 48 49 SECTION IV. SEVERABILITY. 50 Should any section or provision of this ordinance, or any portion thereof, be 51 declared by a court of competent jurisdiction to be invalid, such decision shall not affect 52 the validity of the remainder, as a whole or any part hereof, other than that part declared 53 to be invalid. 54 55 SECTION V. EFFECTIVE DATE. 56 57 This Ordinance shall take effect immediately upon approval by the City Council 58 and signature of the Mayor. 59 60 61 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT 62 WALTON BEACH, FLORIDA ON THE DAY OF , 2007. 63 64 65 66 67 MIKE ANDERSON, MAYOR 68 69 70 ATTEST: 71 72 73 HELEN A.SPENCER 74 CITY CLERK 75 Approved as to form and legal 76 sufficiency. 77 78 79 80 TONI L. CRAIG 81 CITY ATTORNEY 82 83 84 Note: Deletions are noted by strikethroughs; additions by underlines. 85 86 Codification Instructions: Section It, codified as new section 12. 94. 031 87 Section I, III, IV, V, are not codified. Page 2 of 2  MINUTES OF THE MUNICIPAL PLANNING BOARD MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA 5, 2007 APRll., INTRODUCTION The Regular Meeting of the F ort Walton Beach Municipal Planning Board was held on Thursday, AprilS, 2007 at S: OO p. m. in the Council Chambers of Fort Walton Beach City Hall with the following members present: . Richard Gercak, Chairman; Judith Fiasco, Vice-Chairman; Glenda Glover; Lee McDonald; Charles Scott; Bill Wayne; and Janet Wilson. Absent: Howard Hill, Okaloosa County School Board (Ex- Officio). Also present: Len Mitchell, Long-Range Planning Manager; Toni Craig, City Attorney; and Larry Greene, Eglin ( x- Officio). F .B. Mission Encroachment Office E A. CALL TO ORDERlROLL CALL The meeting was called to order and roll call was taken. MINUTES Mrs. Fiasco moved not to approve the March 1, 2007 minutes. Mrs. Glover seconded motion. Mrs. FIasco explained the reason for her absence is because her niece received a national award from the Enterprising Women ofthe Year in Las Vegas, and she had her dates confused and thought the meeting was the following week,and requested the Board consider removing her unexcused absence from the March meeting to an excused absence. The City Attorney noted there is a motion regarding not approving the minutes and the Board may need to entertain that motion, and all comments aIid discussions regarding Ms. FIasco' s issue can be taken up under member business and it would be appropriate then for another motion. She noted Council has passed an ordinance on excused absences so the discretion ofthe Board is limited and they may not want to set a precedent that extends beyond the ordinance. The Chairman called for the vote on the motion not to approve the March 1, 2007 minutes and it failed by a vote of 1 to 6 with Fiasco in favor and Gercak, Glover, McDonald, Scott, Wayne, and Wilson opposed. OATH The City Attorney gave the oath to all individuals who expected to speak on an issue. FINAL PLAT APPROVAL - REGGIE' S SUBDIVISION Consideration of a request for final plat approval for Reggie' s Subdivision. The request is located at 107 E. Audrey Drive NW. Requested by Donald R Cloer, Jr., Agent. Len Mitchell, Long-Range Planning Manager, went over the request that existing developed parcel be re- configured into two lots for the purpose oftransfer of ownership ofthe undeveloped Lot 1 for development. He reported the two proposed lots meet the minimum standards for the R- IA district and are cOIlsistent with all applicable requirements. He noted the applicant indicated the metal shed and concrete pad on proposed Lot 1 will be removed as accessory structures cannot be developed without a principal use or structure. He reported staff recommends conditional approval and submitted the staff report for the record. The Chairman noted that page 2 of Exhibit 1, the Owners Consent aIid Designation of Agency, was not notarized, and he pointed out the fees were paid. Donald Cloer, Jr., agent, acknowledged there was no objection to the staff