Agenda 09/28/2010 Item #17B
Agenda Item No. 178
September 28, 2010
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Ordinance No. 86-28, as amended, the
Flood Damage Prevention Ordinance, to re-adopt Finished Floor Elevation criteria which
were inadvertently repealed by Ordinance 2009-59 and allowing for interim standards.
OBJECTIVE: To have the Board of County Commissioners (BCC) adopt the attached Ordinance
amending the Flood Damage Prevention Ordinance, to correct an inadvertent repeal of certain Code
provisions dealing with Finished Floor Elevation.
CONSIDERATIONS: Development criteria addressing the lowest allowable finished floor
elevation of structures has been in place since Ordinance 91-56, and through Ordinance revisions 95-
16, 95-61, 96-83, 98-76, and 2002-01. The criteria essentially required that the finished floors of
structures must be at a given elevation above the crown of the nearest road. The criteria were
inadvertently repealed on November 18, 2009, the effective- date of Ordinance 2009-59, which
provided for the repeal of Ordinance 2002-01 in its entirety (relating to the Florida Building Code
and local amendments).
The BCC reviewed the proposed amendment to the Flood Damage Protection Ordinance on July 27,
2010 (Item 16.A.13) and authorized staff to advertise the Ordinance for future consideration.
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FISCAL IMPACT: No different from the practice that has been in place since the adoption of
Ordinance 91-56. This requirement has been in existence since 1991 and its re-adoption will not
change any costs of doing business for the County or the private sector.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. - .TW
RECOMMENDATION: That the BCC adopts the attached Ordinance amending the Flood
Damage Prevention Ordinance (Ordinance No. 86-28, as amended), to add the repealed finished
floor elevation language.
PREPARED BY: Stan Chrzanowski, P.E. County Engineer, Land Development
Services/Engineering Review, Growth Management Division, Plmming and Regulation
Attachments:
1. Attachment A. Proposed Ordinance
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 178
September 28, 2010
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
178
Recommendation to adopt an Ordinance amending Ordinance No 86-28, as amended, the
Flood Damage Prevention Ordinance, to re-adopt Finished Floor Elevation criteria which were
inadvertently repealed by Ordinance 2009~59 and allowing for interim standards.
9/28/2010900:00 AM
Prepared By
Stan Chrzanowski
Community Development &
Environmental Services
Manager. Engineering Review Services
Date
Engineering & Environmental Services
8/2/20109:35:43 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmenta! Services
Date
8/24/201012:40 PM
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator - Transportation
Date
Transportation Administration
8/26l2010 1 :43 PM
Approved By
Nick Casalanguida
Transportation Division
Director. Transportation Planning
Date
Transportation Planning
8/31/20108:12 AM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney
8/31/20102:13 PM
Approved By
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Director. CDES Engineering Services
Date
Engineering 1;. Environmental Services
9/111201010:21 AM
Approved By
Therese Stanley
Office of Management &
Budget
Manager Operations Support Tram:
Date
Office of Management & Budget
9/16/2010 E:33 AM
Approved By
Jeff Kiatzkow
County Attorney
Date
A pproved By
9/17f2010 3:23 PM
,r
Leo E. O:.hs, Jr.
County Managers Office
County Manager
Date
County Managers Office
9/191201010:26 AM
Agenda Item No. 17B
September 28,2010
Page 3 of 7
ORDINANCE NO. 2010-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 86-28,
AS AMENDED, RELATING TO FLOOD DAMAGE PREVENTION, BY
AMENDING SECTION 6, "LANDS TO WHICH THIS ORDINANCE
APPLIES," AND SECTION 11, "GENERAL STANDARDS FOR FLOOD
HAZARD REDUCTION," IN ORDER TO REINSTATE FINISHED
FLOOR ELEVATION CRITERIA FORMERLY LOCATED IN
REPEALED ORDINANCE NO. 2002-01 (2001 COUNTY BUILDING
CODE); PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Collier County Board of County Commissioners (Board) seeks to
protect the health, safety, and welfare of the citizens of Collier County; and
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health, safety, and welfare of existing and future residents by enacting and
enforcing regulations necessary for the protection of the public including flood damage
prevention ordinances; and
WHEREAS, through its approval of Ordinance No. 2009-59, the Board formally adopted
by reference the Florida Building Code, 2007 Edition and repealed Ordinance No. 2002-01
(Florida Building Code, 2001 Edition); and
WHEREAS; the repeal of Ordinance No. 2002-01 also inadvertently eliminated certain
criteria relating to finished floor elevation; and
WHEREAS, the Board desires to reinstate this finished floor elevation criteria by
amending Collier County Ordinance No. 86-28, as amended, the Flood Damage Prevention
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Page 1 of 4
Words underlined are added; Words struel~ thrsl:l;fi are deleted.
Agenda Item No. 178
September 28,2010
Page 4 of 7
SECTION ONE:
AMENDMENT TO SECTION 6 OF ORDINANCE NO. 86-28, AS
AMENDED.
Section 6, of Ordinance No. 86-28, as amended, entitled "Lands to Which This
Ordinance Applies," is hereby amended to read as follows:
SECTION 6. Lands to Which This Ordinance Applies
(1) This Ordinance shall apply to all areas of sjleeial FleeEl h~d in the unincorporated
Bi'ell ef the eelHltJ' Collier County aIlEi identified by the Federal Insurance
Administration in its FIRM, dated November 17, 2005, and any revisions thereto.
SECTION TWO: AMENDMENT TO SECTION 11 OF ORDINANCE NO. 86-28, AS
AMENDED.
Section 11, of Ordinance No. 86-28, as amended, entitled "General Standards for Flood
Hazard Reduction," is hereby amended to add the following
SECTION 11. General Standards for Flood Hazard Reduction.
* * * * *' * *
( 14) Additional requirements
(a) Plans shall show that construction of the lowest finished floor meets the elevation
criteria listed below or engineered properlv to a site specific design and certified
bv an architect or engineer; when conflict exists between the FIRM elevation and
others. the higher elevation shall be required.
(I) FIRM elevation the elevation that has been established bv the Flood Insurance
Rate Maps (FIRM).
(2) Paved Road - a minimum of 18 inches above the crown of the nearest street or
interior finished roadwav system if finished with paving; in the event that the
nearest street or interior finished roadway svstem is located on an evacuation
route. a minimum of 18 inches above the crown of the nearest side street: or
(3) Graded or Unfinished Road - 24 inches above the crown if graded or otherwise
unfinished; or
(4) Mean Sea Level (MSLl Finished Floors should be no lower than elevation 5.7
in relation to North American Vertical Datum of ] 988 (NA VD 88): or
(5) Water Management Design
(i) Buildings with proiects which have water management routing and storage
facilities designed and built for a 25-year. three (3) dav storm event in accordance
with South Florida Water Management District's criteria mav use a finished floor
elevation in accordance with the proiect's water management designed 100 year
zero discharge elevation or the FIRM elevation. whichever is higher.
Page 2 of4
Words underlined are added; Words ,""sic lR:8Ugh are deleted.
Agenda Item No. 17B
September 28,2010
Page 5 of 7
(ii) Building which are not within proiects having a water manaeement
storage facilitv designed and built for a 25-vear. three (3) day storm event in
accordance with South Florida Water Management District's criteria shall use a
fInished floor elevation of 18 inches above the adiacent roadway crown elevation
or the FIRM elevation. whichever is higher.
(b) On parcels where unusual topographic conditions exist and the above standard
conditions CaJillot be reasonablv applied. the Building Official will consider
reQuests to decrease the finished floor elevation. All reQuests will reQuire an
analysis bv a Florida registered professional engineer of the 25-vear. three (3) day
storm event. using zero discharge for the entire drainage basin in which the
proposed structure is located. Reductions may be allowed on the basis of the
analvsis. but in no case shall the finish floor be less than FIRM.
(c) Slabs for garages, carports. screen enclosures. etc.. must be at least equal in
elevation to the croV>'Il of the nearest street.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts "-1th any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
Page 3 of 4
Words underlined are added; Words struel: taTeugh are deleted.
Agenda Item No. 178
September 28,2010
Page 6 of 7
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of
,2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency:
W ght
County Attorney
Page 4 of4
Words underlined are added; Words struG!: thre~gh are deleted.
Aaenda Item No. 176
September 28.2010
Page 7 of 7
Naples DaDy News · Sunday, September 12, 2010 . 21D
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NOTICE OF INTENT TO CONSIDER ORDINANCE
~dtl~e is hereby given that on Tuesday, September 28, 2010, in the Boardroom, 3rd
f.lt:t~, 'Administration Building, Collier County Government Center, 3301 East la.
. ffi'{t'i:li'Trail. Napl~ Florida. the Board of County Commissioners will consider the
,'hl.ment of a County Ordinance. The meeting will commence at 9:00 A.M. The
titleibf the proposed Ordinance is as follows: .'-
il;iwo.
.~. JtJlRDINANCE OF rHE 80ARD OF COUNTY COMMISSIONERS OF COLLIER COUN-
. . #LORIDA. AMENDING ORDINANCE NO. 86-2B, AS AMENDED, RELATING TO
'uuD DAMAGE PREVENTJON,BY AMENDING SECTION 6, -LANDS TO WHICH THIS
QIlDINANCE APPLIES", AND SECTION 11, "GENERAL STANDARDS FOR FLOOD HAl-
IIll\l.l REDUCTION", IN ORDER TO REINSTATE FINISHED FLOOR ELEVATION CRITERIA
FQIIMERLY LOCATED IN REPEALED ORDINANCE NO.2002-D1 (2001 COUNTY BUILO-
IN'~ODE); PROVIIlING FOR CONFLICT AND SEVERABILITY; PROVIOING FOR INCLU-
S~ IN THE CODE OF LAWS AND ORDINANCES; AND PROVIOING.FOR AN,EFFEC-
_ATE.'
~i~Of the proposed Ordinance are on file with the Clerk to the Board and are
e,~~le for inspection..AII interested par:tjes are invited to attend and be heard. .
fi~ff: .AII persons.wishii'lg to speak on anr agenda item must re<gister.with..the
QOtit1ty ,.admmistratorprior. to presentation 0, ~he ;,agenda, Item.t.q' :be address~;'II).
O.~.Uo$l.:.+,~p.~ak..., e...r~... :::"Yi!.Pb. ~1'lir,nit'ed. to 3 n:'in~~~t1.'...,i~,n.r. ..).t..~~,.~,.!ft:J~~,J~lection'9t~~.~;.~Q"..RI-
_liidual ~Cl', '~ea~,}:~:n::beharp:,of .an:orgamzation' o~-g~oup:::ifen.l:9~f~ged. If.''f~grir~~
;QY.,::.Jhe"Chalrman,''1l spokesperson for a group 'or "organization may be allotted:10
mtQMtes'to speak on an item.
~e~ns wishing to have written or graphic materials included in the Board agenda
p.",kets must submit said material a minimum of 3 week.s prior to the respective
p,Qblic hearing. In any case, written materials intended to be considered by the
lfoilr:d shall be submitted to the appropriate County staff a minimum of seven da~
. Wrl~ to 'the public hearing. All material used in presentations before the Board Will
~e a permanent ,part of the record.
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~}!2.Person who decides to appeal c decision of the Board will need a record of the
p.roceedings pertaining thereto and therefore, may need to ensure that a verbatim
r~ord of the proceedings is made, which record lndudes the testimony and evj~
g~2~e upon which the appeal is based. .
ff.,y?,u are a person with a disability who needs any accommodati on in order to par-
!f~patejn this proceeding; you are entitled, at no cost to you, to the provision of
~n.ainas.slstance. Please contact the Collier County Facilities Management Depart-
m_located at 3301 Tamiami Trail East, BuHdlng W. Naples. Florida 34112, (239)
~k~380. Assisted listening devices for the hearing impaired are available in the
!.f?Hpty Commissioners' Office.
~8ARD OF COUNTY COMMISSIONERS
r:~ER(OUNTY, FLORIDA
.":'t"'~i.:!+ ;'_._ . ,
F~ ;COYLE, CHAIRMAN
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Qv.(i(;HT E. BROCK, CLERK
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By,'Arm Jem;ejohn, Deputy (lerk
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SpntPmnpr" 7010
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