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

destined for this area. Residential uses are also not pennitted in this intense commercial designation. The applicant advises that "the proposed amendment is consistent with Objective A-3 of the City' s Comprehensive Plan in that the proposed new sub-section provides guidelines to orchestrate the placement of new "landmark" flagpoles to display our nation' s flag and honor the historic ties between the City of Fort Walton Beach and the military community that has made the city home. The new sub- section is a conditional use subject to the approval of the municipal planning board and must meet design, setback, lighting, and maintenance standards. The new sub-section also prohibits the flagpole from being used to fly advertising type banner. The new sub- section guideline as are also consistent with comprehensive plan policies protecting military bases and airpdrts from encroachment because their approval will be required as applicable". OBJECTIVE A.3 - THE CITY SHALL IMPLEMENT NEW LAND PLANNING GUIDELINES THAT WILL CAREFULLY ORCHESTRATE NEW DEVELOPMENT AND REDEVELOPMENT, PRESERVE THE HISTORIC ASPECTS OF THE COMMUNITY, MAINTAIN ITS EXISTING FAMIL Y-QRIENTED RESIDENTIAL CHARACTER, PROVIDE ADEQUATE OPEN/GREEN SPACE, ENCOURAGE PEDESTRIAN IS/ CYCLE LINKAGES, PROVIDE A BALANCED, HEAL THY ECONOMY, WHILE PROTECTING THE NATURAL SETTINGS AND PROTECTING THE NATURAL ENVIRONMENT. Flagpoles are permitted as normal accessory uses which have to meet the height requirements of the zoning.district. TI1is request is to allow flagpoles in C- 2 to exceed the permitted height of 70 feet up to a maximum of 200 feet upon approval of a nal use and subject to a number conditi() of criteria. Based on the application, there does not appear to be a need to amend the ordinance as presented in the application in order to permit flagpoles that exceed the height permitted in the C- 2 zoning district. RECOMMENDATION: If the MPB would like to see flagpoles up to 200 feet, staff recommends that they direct staff to prepare an ordinance incorporating the city attorney' s recommendations and appropriate criteria similar to that prQvided by the applicant. Enclosures: Applicanfs Exhibit 1- Application City' s Exhibit A- Letter to applicant Exhibit B- Ordinance 1724 ( draft 2-28- 07) Exhibit C-Ordinance 1724 ( City Atty' s draft) 4  Post Office Box 1735 . Destin, Florida 32540 . Telephone: ( 850) 654-4126 . Facsimile: ( 850) 654-1429: RECEIVED February 22, 2007 FEB 2 I.2007 Community Development Services ATIN: Missy McKim 107 Miracle Strip Parkway SW Fort Walton Beach, FL 32549 RE: Application for Land Development Code Amendment Dear Missy: As we have discussed, we would like to install a landmark flag pole at Uptown Station military personnel. Attached is our application for an as a tribute to the area' s amendment to the Land Devlopement Code that would be required to allow this project to take place. Per your suggestion, we have patterned our request after the existing regulations that apply to communication towers. If you need any additional information or have any questions, feel free to call me at 850- 654- 4126. Sincerely, J on Carter 9 Eglin, Ltd. EXHIBIT 1  CITY OF FORT WAL'TON BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES APPLICATION FOR NARRATIVE AMENDMENT TO THE LAND DEVELOPMENT roDE PART ONE- APPLICANT INFORMATION APPLICANT Name 99 Eglin Ltd. Address P. O. Box 1735 Destin, FL 32540 Telephone Number 850- 654- 4126 AGENT Name Jay Odom/ Jason Carter Address P. O. Box 1735 Destin, FL 32540 Telephone Number 850- 654-4126 PART TWO- LAND DEVELOPMENT CODE CHANGE PROPOSED WHA T DIVISION IS PROPOSED TO BE AMENDED? Volume IV Code of Ordinances WHA T SUB DIVISION IS PROPOSING TO BE AMENDED? Chapter 12.42 Commercial Uses  2 WHA T SECTION AND SUB- SECTION IS PROPOSED TO BE AMENDED? Section 12.423 C- 2 General Commercial District; Add a new sLib- section 12.423. 07 HOW WOULD YOU AMEND THE ABOVE TO READ? ( Strike- through/ Underline format- e. g. chango these " lOrds to these words) Insert new sub- section 12.423. 07 as follows: see additional page) Please add additional pages as needed) PART THREE- RATIONALE FOR PROPOSED CHANGE WHY ARE YOU PROPOSING THIS AMENDMENT? To provide guidelines in the C- 2 General Commercial District allowing for landmark" flag poles to display the national flag in support of Fort Walton' s military community, which has played a vital role in our City' s history and development. This is a conditional use within this zoning district subject to approval by the municipal planning board. Please add additional pages as needed)  3 GIVE AN ANAL YSIS OF THE DEGREE OF CONSISTENCY OF THE PROPOSED AMENDMENT WITH THE GOALS, OBJECTIVES AND POLICIES OF THE COMPREHENSIVE PLAN? The proposed amendment is consistent with Objective A.3 of the City' s Comprehensive Plan in that the proposed new sub- section provides guidelines to orchestrate the placement of new " landmark" flagpoles to display our nation' s flag and honor the historic ties between the City of Fort Walton Beach and the military community that has made the city home. The new sub- section is a conditional use subject to the approval of the municipal planning board and must meet design, setback, lighting, and maintenance standards. The new- subsection also prohibits the flagpole from being used to fly advertising type banners. The new sub- section guidelines are also consistent with comprehensive plan policies protecting military bases and airports from encroachment because their approval will be required as applicable. PART FOUR- SUPPORT DOCUMENTATION ATTACH ANY SUPPORTING DOCUMENTS, FACTS AND/ OR EVIDENCE TO THE APPLICATION IN SUPPORT OF YOUR REQUEST. I certify that I have prepared the application and that all statements and diagrams submitted are true and. accurate to the best of my knowledge. Further, I understand this application; attachments and fees become part of the Official Records of the City of Fort Walt Florida, and are not returnable. t> , s acknowledge before me this ld# day I/jJ lJ1(e1c- 1Oi?: Ti3( L Printed name of Notary Public) Commission # ' bD5fn2. 525 ' My Commission ExpiresJIiv, G JI, Zo/ v MARK PORTER MY COMMISSION It DD 562528 EXPIRES: June 11, 2010 Bonded ThnI ~ ry Public Underwriters  12.423. 07 Flag Poles as conditional use. height exception A flag pole greater in height than 70 feet up to a maximum height of 200 feet is allowed within the. C- 2 General Commercial District as a conditional use approved by the municipal planning board subiect to the following: 1) Federal apvrovals Flag poles must meet or exceed all current standards and regulations of the Federai Aviation Administration (FAA) and any other agency of the federal government with the authority to regulate flag poles. The applicant shall submit copies of all FAA. Eglin Air Force Base. Hurlburt Field. Okaloosa County Airport Authority. and FDOT approvals. whichever is lare applicable. 2) Design The applicant shall submit the flag pole design plans which shall be designed by an engineer licensed in the State of Florida in accordance with the building code requirements of the City of Fort Walton Beach. Flag poles shall either maintain a galvanized steel finish or. subiect to any applicable standards of the FAA. be painted a neutral color. so as to reduce visual obtrusiveness. 3) Setback Minimum setback from any residential property line shall be 200 feet. Applicant shall submit a site plan showing the location of the flag pole and property lines. 4) Sign age The applicant shall submit a sign plan showing: a) That the only flags to be flown are those defined in Chapter 12. 20; b) That no advertising flags or banners will be flown from the flag pole; c) The party responsible for the operation and maintenance of the flag pole. its address. and telephone number is. provided; and d) All security or safety signs required by federal. state. or local regulations are {)rovided. 5) Lif! hting The applicant shall submit a plan that shows the signals. lights. or illumination provided and the federal. state or local rule. regulation or law requirement. 6) Maintenance and inspections The applicant shall submit a plan for inspections and maintenance of the flag pole so that it remains in good condition. order and repair and that the same shall not menace or endanger the life or property of any person. The city and its agents shall have the authority to enter onto the property upon which a flag pole is located. upon reasonable notice to the owner. to inspect the pole for purposes of detennining whether it complies with all applicable laws and regulations. All expenses relating to such ections by the city shall be ins{) borne by the owner. Mr. Jay Odom Crystal Beach Development 4652 Gulfstarr Drive Destin, FL 32541 Dear Mr. Odom: Recently you inquired about height limitations with regards to flagpoles. SpecifK:aJly you inquired about the ability to locate a 170' flagpole at Uptown Station. The City of Fort Walton Beach Land Development Code ( LDC) was amended in April of this year, limiting heights of all buildings to 70' including the C-2 District where Uptown Station is located. The City of Fort Walton Beach LOC defines a structure, including " anything constructed or erected, which requires location on the ground or whiCh is attaChed to an object having a location on the ground." Therefore, we are unable to approve your request given the City' s height restrictions. I appreciate all you have done in our community, in particular your efforts to revitalize this commercial area. I wish you much continued success in your endeavors. Sincerely, Joyce Shanahan City Manager CC: CDS Director