Fort Walton Beach Council agenda — 09-11-2007 workshop agenda — reading text

not sold or available upon the site where the sign is located. The advertising copy roay be changed Jtl8m~aUy, electronically. Any mechanical or electronic devices must meet mecbairlca.1ly or all Florida Department of Transportation regulations. b) A 1?illboard is. a Po/manent ground sign supported by a s~ e metallic-pole . attached to.which is a sign fuce.the bottom ofwbich is a imum m.ip. of20' .above' ground: leov.el. and the top of which is a maxiInum of 55' above grdUnd level. . c) Ab,~ lboard ~ign,face.area. is: ca1eulatedas any' reBuIargeOin~ c shapewbich. :,,:, ,. J r .' cOrtt8ins'~ entire surfaCe area ofthe~sign. A y~ shape or Piick'to':back conf? g1.1! shall be ronsidered one~.'. "... . 8tion d) A.billbOard sign shall not the configured as siae by side races or staclcedfuces. e) A billboard sign ~ shall not ex~ 380 sq. ft. ' . '. f) Billboards are permitted in the following.zop.es . Billboard structures shall be l~ ed'.only adjaCent th~ROW of roads listed in the.Federal Highway S}' 5tem ( F~ eial Aid Primary - FAP). The setback from the ROW shall be a ininimUDi of 20'. ~ setback ftom a J? rQpertysideline sba.l1be a iniriim~ of 1 O~. g) The total number ofbillboard sign' structures allowed in the City is eight ( 8). The City shall inventory the existing bi11board structureS and mijiT1h~iri a master list thereof These eight structures may be relocated or recoIlStiticted in the allowed zoning areas but in no case shall the total number of structures. exceed' eight ( 8). h) A permit to reconStruct an existing billboard structure shall be issUed providing that the ~pplication' and accompanying drawings meet the requirements of the City buildIng depi, FDQT regwations7 meet wind 1<?ad1pg criteria of 130 mph.and further cOmply with,state building:cOdes per' Florida statutes 553. 79(7). ' Recoristroct: To constm~ erect, buil~ relocate, raise,' asse$ ble, place, affix, attach, create, p3in~ draw, or any other way bring into being or establish; but itshaU ~ include any of the foregoing activities when performed as an incident to the' change o' f message, weather such face removal for storm protection routine protection from damage as or maint~ ce.  R.-ik.. f; f!,~~\"'? rJ:'! Toni L. Craig Marital & Family Law Attorney at Law Construction Law 31 July 2005 James E. Moore The Moore Law Firm, PA 135 John Sims Pkwy Niceville FL 32588 RE: Lamar Sign Permit Review 252 Miracle Strip Pkwy SE Fort Walton Beach FL Dear Mr. Moore, I represent the City of Fort Walton Beach and have received a copy of your July 7, 2005, letter addressed to Malcolm Foley, Supervisor, Zoning and Building Division. I understand that the billboard at 252 Miracle Strip Pkwy SE was damaged in Hurricane Ivan and is one of the protected signs pursuant to the Lamar Litigation Settlement Agreement; Your client filed an application with the City because in your words, " the billboard in question must and will be rebuilt. Be II advised that on June 8, 2005, I issued my legal opinion regarding the Lamar application for a permit. My legal opinion stated: I have reviewed all the pertinent information regarding the Building Permit Application by Lamar Corporation for the billboard at 252 Miracle Strip Parkway. The application specifically states the type of work is " demolition of existing billboard structure & construction of new billboard structure." This billboard is one of the eight FAP boards addressed in the Settlement Agreement from the Lamar litigation. The Agreement specifically allows Lamar to " maintain and operate" those eight boards. Chapter 479 defines the term " maintain." IIMaintain" means to allow to exist." Section 14- 10. 007( 4), Florida Administrative Code, specifically states that a sign may not be disassembled and re- erected at the same location unless' the nonconforming sign meets the criteria set forth in section 14- 10. 007( 6). This application for a building permit does not satisfy the criteria of section 14- 10. 007( 6). Therefore, I advise that II your denial of the permit is legally correct. 244 Racetrack Rd NE Fort Walton Beach FL 32547- 1866 850) 243- 6969 Fax: ( 850) 244- 8929 Email: attycrg@ao1.com  i.::,. ;. s.U'"~~~' Page Two MooreF/ oley. Lamar The City has undertaken review of the application for " demolition" and " rebuild[ ing]" of this sign in confonnance with the current City Code. The of the Settlement Agreement could be the purview of interpretation the Court. However, the express tenns of the settlement agreement do not extend the ability to re- erect those protected signs nor abrogate the City' s authority to regulate the technical aspects of maintaining, operating, and re- erecting any billboard. The settlement agreement simply protects those named eight signs from the amortization process which the City had undertaken at the time the litigation was ongoing. The technically insufficient and was therefore application is properly denied. If Lamar proceeds to re- erect the sign without proper pennitting, please know that the City may pursue all Code Enforcement and injunctive relief to which it is entitled. Thank you for your cooperation, and if you have any further questions, contact me. Sincerely, Gb~ 6' u -, Toni L. Craig ' tIcl CC: CDS Director City Manager Pennington Moore t;erald S. Livingston v''ilkinson Attorney at Law Bell~ 850) 222- 3533 Dunbar P.A. jerry@penningtonlaw. com ATTORNEYS AT LAW www. penningtonlaw. com June 29, 2006 Toni L. Craig, Esquire via FACSIMILE ( 850/ 244- 8929) Attorney at Law and UNITED STATES MAIL 244 Racetrack Road, NE Fort Walton Beach, Florida 32547- 1866 RE: Modification to Settlement Agreement between Lamar Outdoor and Fort Walton Beach, Florida Dear Ms. Craig: This will serve as a follow up to our meetings, correspondence and telephone calls over the past several months relating to Lamar' s desire to upgrade the safety and appearance of the billboard structures which they operate within the of Fort Walton. City As we have previously discussed, appropriate and expeditious way of removing and an replacing existing structures is by way of Modification to the Settlement Agreement previously entered into between our clients. In this regard, I prepared and delivered to Joe Raines a proposed Modification Agreement which he delivered to Missy McKim on or about May 22, 2006. Additionally, Mr. Raines provided to Ms. McKim photographs and renderings of the replacement billboards. I enclosing herewith duplicate originals of the Modification to Settlement am Agreement which will accomplish the objectives which we have previously discussed. I am requesting that Modification Agreement be scheduled for consideration before the City Council for consideration and approval. Please advise as to when the Modification Agreement will be heard by City Council, which we are requesting be done as soon as possible. Thank you for your attention and cooperation in regard to the foregoing. Sincerely,