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Agenda 07/27/2010 Item #16A13Agenda Item No. 16A13 July 27, 2010 Page 1 of 7 _. EXECUTIVE SUMMARY Recommendation to direct the County Manager, or his designee, to prepare 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amended, the Flood Damage Prevention Ordinance, to re -adopt Finished Floor Elevation criteria which were inadvertently repealed by Ordinance 2009 -59 and allowing for interim standards.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) direct the County Manager, or his designee, to prepare an 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 have 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 require that the finished floors of structures must be at a given elevation above the crown of the nearest road. The criteria were inadvertently repealed when Ordinance 2009 -59 was adopted and filed on 19 Nov. 2009, providing for the repeal of Ordinance 2002 -01 (relating to the Florida Building Code and local amendments) in its entirety. The repealed criteria recommended to be re- instated are presented in Attachment A. Since these criteria have been in place since 1991, staff recommends that the BCC adopt an ordinance reinstating the criteria and allow staff to continue to apply the criteria in the interim. The existing Flood Damage Prevention Ordinance is an appropriate ordinance to incorporate these criteria. Staff would also recommend that the criteria differentiate between roads that have been raised because of their function as excavation routes and other local roads. 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. The direct cost for the ordinance amendment would be advertising estimated at $500. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATION: This item is legally sufficient for Board action. -JW RECOMMENDATION: That the BCC direct the County Manager, or his designee, to prepare an amendment to the Flood Damage Protection Ordinance (Ordinance No. 86 -28, as amended), to add the repealed Finished Floor Elevation wording as presented in Attachment A, with some updating to account for the artificial raising of some County Roads as evacuation routes, and to allow staff to apply the repealed standard in the interim. Prepared by: Stan Chrzanowski, P.E. County Engineer, Land Development Services, Engineering Review, Growth Management Division /Planning and Regulation Attachments: 1. Attachment A. Text from Ordinance 2002 -01 which was inadvertently deleted through the adoption of Ordnance 2009 -59 Agenda Item No. 10A13 July 27, 2010 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 113A13 Item Summary: Recommendation to direct the County Manager or his designee, to prepare an ordinance re- adopting Finished Floor Elevation criteria which were Inadvertently repealed by Ordinance 2009- 59 and allowing for interim standards. Meeting Date: 7/2712010 9.0000 AM Prepared By William D. Lorenz, Jr., P.E. Director - ODES Engineering Services Date Community Development 8 Engineering 8 Environmental Services 711012010 10:16:44 AM Environmental Services Approved By Judy Puig Operations Analyst Date Community Development & Community Development & 7!1212010 8:31 AM Environmental Services Environmental Services Approved By Nick Casalanguida Director- Transportation Planning Date Transportation Division Transportation Planning 7113!2010 8:12 AM Approved By Jeff Wright Assistant County Attorney Date County Attornev County Attorney 71 ^3/20108:14 AM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 711 3/201 0 1:53 PM Approved By James French Manager - CDES operations Date Community Development & Operations Support 8 Reytdatory Mgmt 7!1372010 249 PM Environmental Services Approved By Jeff IUatzkow County Attorney Date 711 31201 0 3:16 PM Approved By OMB Coordinator Date Cmmty Managers Office Office of Management 8 Budget 7/13/2010 4:08 PM Approved By Mari: isackson ManagemenUEtmge# Analyst, Senior Late Office of Management S Office of Management S Budget 7;14.2010 5:C5 PM Budget Agenda Item No. 16A13 July 27. 2610 Page 3 D,[ 7 Attachment A Text from Ordinance 2002 -01 which was inadvertently deleted through the adoption of Ordnance 2009 -59 104.2.1.2 Additional Requirements S. Plans shall show that construction of the lowest finished floor meets the elevation criteria listed below or engineered properly to a site specific design and certified by an architect or engineer, when conflict exist between the FIRM elevation and others, the higher elevation shall be required; (a) FIRM elevation - the elevation that has been established by the Flood Insurance Rate Maps (FIRM). (b) Paved Road - a minimum of 18 inches above the crown of the nearest street or interior roadway system if finished with paving; or (c) Graded or Unfinished Road - 24 inches above the crown if graded or otherwise unfinished; or (d) Mean Sea Level - seven (7) feet above Mean Sea Level (MSL) based on the 1929 National Geodetic Vertical Datum (NGVD); or (e) Water Management Design (1) Buildings within projects which have water management routing and storage facilities designed and built for a 25 -year, three (3) day storm event in accordance with South Florida Water Management District's criteria may use a finish floor elevation in accordance with the project's water management designed 100 year zero discharge elevation or the FIRM elevation, whichever is higher. (2) Buildings which are not within projects having a water management storage facility designed and built for a 25 -year, three (3) day storm event in accordance with South Florida Water Management District's criteria shall use a finish floor elevation of 18 inches above the adjacent roadway crown elevation or the FIRM elevation, whichever is higher. 9. On parcels where unusual topographic conditions exist and the above standard conditions cannot be reasonably applied, the Building Official will consider requests to decrease the finish -floor elevation. All requests will require an analysis by a Florida registered professional engineer of the 25 -year, three (3) day storm event and the 100 year, 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 analysis, but in no case shall the finish floor be less than the FIRM. Note: Slabs for garages, carports, screen enclosures, etc., must be at least equal in elevation to the crown of the nearest street. Agenda Item No. 16A13 July 27, 2010 Page 4 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] of 4 Words underlined are added; Words stmek - `faagh are deleted. Agenda Item No. 16A13 July 27. 2010 Paae 5 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 speeial fleed hazafd in t1we unincorporated ..P the eeuat° Collier County aad 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 properly to a site specific design and certified by an architect or engineer: when conflict exists between the FIRM elevation and others, the higher elevation shall be required. (1) FIRM elevation — the elevation that has been established by the Flood Insurance Rate Maps (FIRM). (2) Paved Road — a minimum of 18 inches above the crown of the nearest street or interior finished roadway system if finished with paving: in the event that the nearest street or interior finished roadwav system 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 — seven (7) feet above Mean Sea Level (MSL) based on the 1929 National Geodetic Vertical Datum (NGDV): or (5) Water Management Design (i) Buildings with projects which have water management routing and storage facilities designed and built for a 25 -year, three (3) day storm event in accordance with South Florida Water Management District's criteria may use a finished floor elevation in accordance with the project's water management designed 100 year zero discharge elevation or the FIRM elevation whichever is higher. Page 2 of 4 Words underlined are added; Words soh are deleted. Anenda Item No. 16A13 July 27, 2010 Page 6 of 7 (ii) Building which are not within projects having a water management storage facility designed and built for a 25 -year, 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 cannot be reasonably applied the Building Official will consider requests to decrease the finished floor elevation All requests will require an analysis by a Florida registered professional engineer of the 25 -year, 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 analysis 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 crown of the nearest street. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with 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 s"ek-Elxeu0 are deleted. Agendafem No.IGA13 July 27, 2010 Pege 7 of 7 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of ATTEST: DWIGHT E. BROCK, CLERK LN , Deputy Clerk Approved as to form and legal sufficiency: Jeff E. Wright Assistant County Attorney 2010. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA wo FRED W. COYLE, CHAIRMAN Page 4 of 4 Words underlined are added; Words stun -^� are deleted.