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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amended, the Flood Damage Prevention Ordinance, to re-adopt Finished Floor Elevation criteria which were inadvertently repealed by Ordinance 2009-59 and allowing for interim standards.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 The criteria were inadvertently repealed on November 18, 2009, the effective- date of Ordinance 2009-59, which provided for the repeal of Ordinance 2002-01 in its entirety (relating to the Florida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. ,_. 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the attached Ordinance amending the Flood Damage Prevention Ordinance (Ordinance No. 86-28, as amended), to add the repealed finished floor elevation language.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 '.,~_.:- "',." ..~'~, 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. ~".,", . .." ~}!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 ~t~;,>", 'c'"". Qv.(i(;HT E. BROCK, CLERK j~"",,,::o By,'Arm Jem;ejohn, Deputy (lerk IJ " SpntPmnpr" 7010 No1Rfi7JfiR