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

acceptable, when can they fly a City flag; all those issues would be taken into consideration on the conditional uses. The Chairman commented it sounds as though the Board should direct staff to fill in the questions, get answers so the Board has a complete picture, and bring it back, and asked staffhow long it may take. Mr. Mitchell believed it could be brought to the May meeting. Mr. Scott moved to direct 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 fees. Mrs. FIasco commented the Mr. Odom has been proactive and put in security before the park opened and thanked him for setting a precedent and a fme example in the town because it will solve a lot of problems before hand with the park and restrooms with particular elements that could cause everyone problems. Page 4 of 6  MUN'ICIPAl PLANNING BOARD APRIL 5, 2007 MEETING AGENDA ITEM III. B. MPB CASE#07- 9-LD CONSIDERATION OF AN ORDINANCE ( 1724) OF THE CITY OF FORT WALTON BEACH, 2 GENERAL FLORIDA; PROVIDING FOR AUTHORITY; AMENDING ARTICLE 12.423, C- COMMERCIAL DISTRICT, VOLUME IV, LAND DEVELOPMENT CODE. PROVIDING FOR RENUMBERING SECTION 12.423.02 AND SUBSEQUENT SECTIONS AND ADDING A NEW SECTION 12.423.02 ENTITLED CONDITIONAl USES AND STRUCTURES AND ADDING AS A CONDITIONAL USE A FLAG POlE GREATER THAN 70 FEET IN HEIGHT AND CRITERIA FORAPPROVAL; RESOlVING CONFliCTING PROVISIONS; PROVIDING FOR SEVERABIUTY; AND PROVIDING AN EFFECTIVE DATE. REQUESTED BY 99 EGLIN LTO. lEGISLATIVE) { CDS STAFF} S ( E~ BACKUP)  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM DATE: March 26, 2007 TO: Chairman and Members Municipal Planning Board THRU: Missy McKim. CDS Director FROM: Len Mitchell, Planning Manager IiJrv'.. SUBJECT: Request to Amend the C- 2 General Commercial District to Permit ~ Flag Pole Greater in Height than 70 feet as Conditional Use- Requested by Jason Carter, Agent for Eglin 99, Ltd. REQUEST: 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' s agent is Jason Carter. BACKGROUND: According to the application, 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. 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 regutations 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). Zoning History- In 1998, the City adopted a Community Redevelopment Plan Update. In the Year 2000 the City adopted a new Comprehensive Plan Directions which included numerous new policies, including the directive to amend the lanct use plan to include, among other new mixed- use land use categories, an RC, Regional Comm~ rcialland use category. DISCUSSION: The amendment process- Amendments to the Land Development Code may be initiated by the City Council. the Municipal Planning BOi;lrd ( 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 Councit 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 h~ aring. the MPB recommendation, and the Staff Report. The City Council may adopt the ordinance after second reading. Staff drafted 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. Qu~ stion lE;) gally 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. S. 12. 94) Need only to add one provision toC- 2 ( S. 12. 94.031) Section 12.94.031 FlaQ poles Pursuant to the provisions of chapter 12. 94. flaa poles mav be considered and authorized as a conditional us.e in the followina zonina districts: all commercial districts. all industrial districts. all mixed- use districts. all redevelopment districts. and in planned unit developments. ANALYSIS: Existing City zoning structure- The City' s Land Development Coqe has thr~e ( 3) types of uses which may be allowed in the various districts established: permitteq principal uses, permitted accessory uses both of which are permitted by right, and conditional uses. Conditional uses are uses that are not generally considered compatible with other land uses in a particular zoning district. The Municipal Planning Board, may find some uses appropriate, after individual site review, based on their site location, design, configuration of buildings, intensity or density of use, or the imposition of conditions pertinent thereto, and may permit such individual uses. In a Euclidean Zoning structure such as the City' s (which is as- of-right zoning; district regulations are explicit; residential, commercial and industrial uses are segregated; districts are cumulative and bulk and height controls are imposed), appropriate conditional uses are often. uses that are listed as most intense in the next least intense zoning classification but meet the definition of a conditional use as stated above. 2  Flag pole" as a use in the Land Development Code (LDC)- The term "flag pole" is not defined in Section 20-301. Definitions, Land Development Code. A flag pole is considered an accessory structure not a use in the C- 2 ( General Commercial). The North American Industry Classification System United States. Version 1997 does not include a "flag pore" as a land use cfassification. Consistency with the Comprehensive Plan- Objectives and Policies of the Plan which are found consistent with the request: None with specific application found. Objectives and Policies of the Plan which are found inconsistent with the request: Policy A.3. 5 - The City shall preserve and protect stable residential neighborhoods and prevent the following from occurring in residential areas: 1) subdivision design which proposes the undesirable impacts from through- traffic movements through a neighborhood; 2) commercial development encroaching into residential areas; 3) new residential dwellings constructed at a scale inconsistent with the character and design of the neighborhood or 4) adjacent development deemed incompatible with residential areas. Policy A.3..6 - The City shall require that any non- residential development, redevelopment or reuse which abuts a residential neighbOrhood submit a residential impact statement, prepared by a competent professional. land planner, which details mechanisms to ensure compatibility, through buffering and landscaping, with the adjoining residential neighborhood and identifies programs to mitigate the impacts of noise, traffic, odor and glare which may be anticipated at the non- residential development. Policy A.3. 7 - The City shall require that all development ( except a development which includes not more than three dwelling units or a development which meets or exceeds ~If minimum development requirements or design guidelines) be subject to the review and approval of the Municipal Planning Board, or in the case of the Redevelopment Area, the CRA Board of Commissioners, of a site plan for the development, unless the development has met the incentives to be provided in the new Land Development Code; including a requirement for commercial development to be compact and in a readily accessible location for the market it is intended to serve, and not encroach into stable, residential areas. Description of Regional Commercial Land Use designation in Comprehensive Plan. 2. Regional Commercial ( MAP LEGEND " RCj. As stated above, the regional commercial designation is applied to that area ofthe City within the CRA which is developed as commercial, but is in need of redevelopment and Infill development along the Eglin Parkway corridor (SR 85) which will provide a variety of retail goods and services for the larger urban area market. Again, much of this area was previously designated as " c" Commercial on the 1990 Comp Plan FLUM' S. Land use intensity is also limited to a maximum of 75 per cent lot coverage. The maximum tJeight of buildings is 150 feet, except where single- family residential uses are within 150 feet, then the maximum height shall be 45 feet. The 150 foot required separation from residential uses for buildings exceeding 45 feet in height must include a minimum 15 feet wide landscaped buffer area adjacent to the residential uses with the following minimum landscape features: ( 1) shade trees a minimum 0112 feet in height, 2. 5" caliper at 4 feet above natural grade, placed a maximum of 50 feet on center; (2) hedge material a minimum 24 inches high, planted at a maximum of 4 feet on center; and ( 3) a decorative fence, a minimum 50 per cent 3  opaque and a maximum of 6 feet high shall be installed along the property line adjacent to the residential uses. The CRA Plan Update calls for new traffic control and parking requirements, infrastructure improvements and streetscaping to promote a new prosperity