Agenda 07/13/2021 Item #16A21 (Advertise to amend Ordinance 2019-01)07/13/2021
EXECUTIVE SUMMARY
Recommendation to direct staff to advertise an ordinance amending Ordinance No. 2019-01, the
Floodplain Management Ordinance, to allow the interior portions of enclosed areas below elevated
buildings and structures to be temperature-controlled.
OBJECTIVE: To amend the County’s Floodplain Management Ordinance to allow the interior portions
of enclosed areas below elevated buildings and structures to be temperature-controlled by a permanently
mounted air-conditioner or connected to central air.
CONSIDERATIONS:
History of Floodplain Management Ordinance
The Flood Damage Prevention Ordinance was first adopted in 1979 as a requirement to participate in
FEMA’s National Flood Insurance Program (NFIP). Since that time, the County has amended and
updated its Flood Damage Prevention Ordinance to reflect federal, state, and local standards.
On January 8, 2019, the Collier County Board of County Commissioners approved and adopted the most
current Floodplain Management Ordinance 2019-01 which incorporates the State Model Ordinance
specifics along with local higher regulatory standards that are not contained in the State Model Ordinance.
One such local higher regulatory standard contained in the ordinance is the prohibition of temperature
control of enclosures below the lowest floor. Section 12(B)(2) of the ordinance outlines this prohibition.
The prohibition of temperature control of enclosures below the lowest floor came into existence in 2011,
with the approval and adoption of Flood Damage Prevention Ordinance 2011-97. Section 5(B)(3)(c) and
Section 5(D)(6)(c) outline these restrictions contained in 2011-97. The prohibition of temperature control
of enclosures below the lowest floor was added to the ordinance to inhibit unauthorized conversion o f
enclosures below the lowest floor into uses that are not reserved for permitted uses such as Storage,
Parking, and Access (SPA)
A new provision has been added to the Floodplain Management Ordinance 2019-01 that had not existed
in prior ordinances or amendments. Section 6(D)(8) outlines the requirement of the Declaration of Land
Restriction (Non-Conversion Agreement). The Non-Conversion Agreement (NCA) provides public
awareness about construction design requirements for current and future property owners, and owners
agree not to convert the area below the lowest floor to uses other than those reserved for SPA. This
reduces the potential for unauthorized construction activity with the goal to help protect life and property.
The NCA can be used in place of the Ordinance prohibition of temperature control of enclosures below
the lowest floor. In the past, the prohibition of temperature control of enclosures below the lowest floor in
the Ordinance was used as a deterrent to keep property owners from improving said enclosures into uses
that did not conform with the permitted uses of SPA. The NCA is now the mechanism by which the
unauthorized conversion of enclosures below the lowest floor can be constrained.
FEMA construction and floodplain management regulations and the State Model Ordinance do not detail
any prohibition of temperature control of enclosures below the lowest floor. FEMA regulations do require
that equipment providing temperature control be elevated to Flood Elevation specified in the Florida
Building Code or Floodplain Management Ordinance at minimum to meet compliance.
The NCA is not only a value add with regards to the restriction of converting enclosures below the lowest
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floor hence creating a non-compliant structure, the County also receives additional credit within its
Community Rating System portfolio by adding this higher regulatory standard.
DSAC RECOMMENDATION: The Development Services Advisory Committee-Land Development
Review Subcommittee (DSAC-LDR) recommended approval of the proposed ordinance.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board approval. (HFAC)
RECOMMENDATION: To direct staff to advertise an ordinance amending Ordinance No. 2019-01, the
County’s Floodplain Management Ordinance, to allow the interior portions of enclosed areas below
elevated buildings and structures to be temperature-controlled by a permanently mounted air-conditioner
or connected to central air.
Prepared by: Christopher Mason, CFM, Floodplain Coordinator - Building Review and Inspection
Division
ATTACHMENT(S)
1. Ordinance - 042121(1) (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.21
Doc ID: 16108
Item Summary: Recommendation to direct staff to advertise an ordinance amending Ordinance
No. 2019-01, the Floodplain Management Ordinance, to allow the interior portions of enclosed areas
below elevated buildings and structures to be temperature-controlled.
Meeting Date: 07/13/2021
Prepared by:
Title: – Building Plan Review & Inspections
Name: Christopher Mason
06/11/2021 4:54 PM
Submitted by:
Title: Deputy Department Head - GMD – Growth Management Department
Name: James C French
06/11/2021 4:54 PM
Approved By:
Review:
Growth Management Department Diane Lynch Growth Management Department Completed 06/11/2021 4:54 PM
Growth Management Department James C French Transportation Skipped 06/12/2021 12:23 AM
Growth Management Department James C French Growth Management Completed 06/12/2021 12:23 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 06/17/2021 4:58 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/18/2021 3:52 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/23/2021 12:54 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/23/2021 2:05 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 07/05/2021 4:27 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
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ORDINANCE NO. 2021 ----
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2019-01,
THE FLOODPLAIN MANAGEMENT ORDINANCE, TO ALLOW THE
INTERIOR PORTION OF ENCLOSED AREAS BELOW ELEVATED
BUILDINGS AND STRUCTURES TO BE TEMPERATURE-CONTROLLED
BY A PERMANENTL YMOUNTED AIR-CONDITIONER OR CONNECTED
TO CENTRAL AIR; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DA TE.
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, welfare and safety of existing and future residents by enacting and enforcing
regulations necessary for the protection of the public including Flood damage prevention
ordinances; and
WHEREAS , on January 8, 2019, the Board adopted Ordinance No. 2019-01, the
Floodplain Management Ordinance of Collier County, based on the updated State of Florida Model
Flood Damage Prevention Ordinance and repealed the previously adopted Ordinance No.
2011-07, an Ordinance relating to Flood Damage Prevention, amended by Ordinance Nos. 2012-
06 and 2012-24; and
WHEREAS , the County's Floodplain Management Ordinance does not allow enclosed
areas below elevated buildings and structures to be temperature controlled and the State's Model
Ordinance does not include this limitation ; and
WHEREAS , the Board desires to amend Collier County's current Floodplain Management
Ordinance to a llo w enclosed areas below elevated buildings and structures to be temperature
controlled;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that :
SECTION ONE: AMENDMENT TO SECTION 12.B OF ORDINANCE NO. 2019-01
Section 12.B of Ordinance No. 2019-01 is hereby amended to read as follows :
SECTION 12: BUILDINGS AND STRUCTURES.
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Packet Pg. 778 Attachment: Ordinance - 042121(1) (16108 : Amendment to Floodplain Management Ordinance 2019-01)
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Packet Pg. 780 Attachment: Ordinance - 042121(1) (16108 : Amendment to Floodplain Management Ordinance 2019-01)