Loading...
Backup Documents 09/28/2010 Item #17BCOLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: -N� Originating Dept/ Div: Engineering Services, Land Development Dep't, Growth Mgmt Division. Person: Stan Chrzanowski Date: 26 August 2010 Petition No. (If none, give brief description): Readoption of Finished Floor elevation criteria. Petitioner: (Name & Address): Collier County Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) None Hearing before BCC Requested Hearing date: (Based on advertisement appearing 15 days before hearing) 28 Sep 2010 Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other Proposed Text: (Include legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: n/a Does Petition Fee include advertising cost? * L4 5z)mc$Z R iewed by:'� bg- ZG -Zo � o ivision Admini for or Plesignee Date List Attachments: Executive Summary —Copy Amendment to Ordinance 86 -28 as amended DISTRIBUTION INSTRUCTIONS ❑ Legally Required A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE U O Date Received: — Date of Public hearing: �2 —� Date Advertised: Ch � I b 178 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amended, the Flood Damage Prevention Ordinance, to re -adopt Finished Floor Elevation criteria which were inadvertently repealed by Ordinance 2009 -59 and allowing for interim standards.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 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 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 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. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATION: This item is legally sufficient for Board action. -JW RECOMMENDATION: That the BCC adopt an amendment to the Flood Damage Prevention Ordinance (Ordinance No. 86 -28, as amended), to add the repealed Finished Floor Elevation wording as presented in Attachment A. Prepared by: Stan Chrzanowski, P.E. County Engineer, Land Development Services /Engineering Review, Growth Management Division, Planning and Regulation Attachments: 1. Attachment A. Ordinance 2010- } X 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 sUvek-d*9fth are deleted. 17B 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 hazard in the unincorporated area of the eounty Collier County and 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 kronerly 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 Qaving: in the event that the nearest street or interior finished roadway 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 (MSL) — Finished Floors should be no lower than elevation 5.7 in relation to North American Vertical Datum of 1988 (NAVD 88): 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 stpaek-flffeeo are deleted. 1 ' 1- . 17B (ii) Building which are not within "rojects 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 adjacent roadway crown elevation or the FIRM elevation, whichever is higher. On parcels where unusual tonoaraphic_ 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 stm gh are deleted. �y 17 B PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2010. ATTEST: DWIGHT E. BROCK, CLERK �: , Deputy Clerk Approved as to form and legal sufficiency: Jeff Fa Wight Assist&WCounty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Page 4 of 4 Words underlined are added, Words stmek thfough are deleted. 17B Ann P. Jennejohn To: Naples Daily News Legals Subject: Amending Ordinance 86 -28 Attachments: Amending Ordinance 86- 28.doc; AMEND ORD 86- 28.doc Good Morning, Please advertise the attached on Sunday, September 12, 2010. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) 178 '. Acct #068783 August 31, 2010 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Amending Ordinance 86 -28; the Flood Damage Prevention Ordinance Dear Legals: Please advertise the above referenced notice on Sunday, September 12, 2010 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk PO #4500068783 ire i 11 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, September 28, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 178 If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252- 8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk 1 1` l Ann P. Jennejohn From: postmaster @collierclerk.com Sent: Tuesday, August 31, 2010 11:31 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT134193.txt; Amending Ordinance 86 -28 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com i i Tom Ann P. Jennejohn From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Wednesday, September 01, 2010 9:36 AM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UASFCB Jpg ATTACHED please REVIEW notice & confirm APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. PUB. Date SEPT. 12, 2010 Publication NON Ad Number 1867268 Total Ad Cost $259.38 Emely Pagan 239 - 213 -6061 ,I NOTICE OF INTENT TO CONSIDER ORDINANCE 17B Notice Is hereby given that on Tuesday, September 28, 2010, In the Boardroom, 3rd 'Floor, Administration Rui Idling, Collier County Government Center, 3301 East Ta- Miami Trail * Naples, Florida ITie Board f County Commissioners Will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance Is as fol laws: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSICNERS-or COLLIER COUN!, tY, PLOWDA AMENDING ORDINANCE NO. 86-28 A. AMENDED, RELATING TO FLOOD 1DAMAGt,r>R-r_VENTION.,BY AMENDING SECTION 6, "LANDS TO WHICH THIS ORDINANCE APPLIES', AND SECTION 11. "'6ENERAL STANDARDS; FOR FLOOD HAZ- ARD REDUC-11-ION". IN ORDER TO kEINSTATE Fl,NISHED, FLOOR ELEVATION CRITERIA FORMERLY LOCATED IN REPEALED ORDINANCE NO; k02-01 (2.DO1 Coo, NTY BUILD-, ING CODE); PROVIDING'FOR CONFLICT AND SEVERABiLrry; PROVIDING FOR INCL(J- SIGN IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFE-c- TIVE DATE. Copies of the proposed,ordinance are on file with the,Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any a nda item must register with the e ,County administrator ricer agenda item to be addressed, in- r to presentation of tr dividual speakers will be limited to 3 rhinutes on any item. The selectionof an,(nd'i- vidual to,speak onbp0half of an organization or group is encouraged. If recognized by the Chairman, a spokesperson or a group or organrzation,may be allotted 10 minuiter, To speak an an item. 'Persons: wishing to have written or graphic- materials included, in the Board agenda packets must submit said material a minimum of lweeks prior to The respective 'Eublic hearing. In ,.any case, written materials intended To be considered by the oard shall be stibmitted to the appropriate County staff a minimum of seven days Fier- to the public hearing. A111 material -used in presentaticins before the Board will become a permanent part of the record. Any person who decides to, appeal a decision Of The Board will need record of the proc,eedings, pertaining thereto and therefore, may need to 'ensure ensure that a verbatim record of The proceedings is made which record includes the testimrorny and evi- dence upon which the appeal is bas;d. If ou are a... parson wi-th'a disability who needs any accommodation in order ter par- tic I J . pate in gis proceeding; you are entitled, at no cost to you, to the provision, of certain assistance. Plea w,,contact the Collier County Facilities Management, Dena rt ime - nt, located at 3301 Tamianii Trail East, Building V�, Naples, FlOTida 34112, (i3g)' 252-83,90. ,Assisted listening devices for the hearing impaired are available fn the County.COMMiS!SiDners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FREO COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK 'By- Ann JenneJohn, Deputy (jerk September 12, 2010 No 1867268 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Tracy Reeve, who on oath says that she serves as the Senior Accountant of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on September 12, 2010 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affian ) Sworn to and subscribed before me This 15th day of September, 2010 &nv� � � "!.e— . "-t'l (Signature of notary public) KAROL E KANGAS Notary Pub!ic - State of florid rY My Comm. Expires Jul 29, 2013 Commission # DD 912237 r, U ORIGINAL DOCUMENTS CHECKLIST & ROUTM TO ACCOMPANY ALL ORIGINAL DOCUMENTS THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines 41 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature. draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1 appropriate. (Initial) Applicable) 2. September 28, 2010 Agenda Item Number 17B 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Judy Puig GMD Planning & Regulation/Operations Number of Original 1 �Q 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners 9 130 1 (D 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Stan Chrzanowski Phone Number 252 -5751 Contact appropriate. (Initial) Applicable) Agenda Date Item was September 28, 2010 Agenda Item Number 17B Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance 2 ­5(p Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be JP signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the JP document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JP signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip JP should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 9/28/2010 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 178 ORDINANCE NO. 2010- 3 6 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 86 -281) 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 st-mek thfough are deleted. 17B 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 speei l r, °„a hazard in unincorporated area of the Eon Collier County and 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 roadway 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 (MSL) — Finished Floors should be no lower than elevation 5.7 in relation to North American Vertical Datum of 1988 (NAVD 88)• 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 strwk through are deleted. (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 adjacent 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 finished floor elevation 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 struok thfough are deleted. 17B PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ay of , 2010. ATTES`I�'� °�.` DWI0HT E BRQCK -CLERK .r By It � � s —*R4 Approved as to form and legal sufficiency: Jeff W ght Assist County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAI AN Page 4 of 4 Words underlined are added: Words struek- thfough are deleted. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010 -36 t t Which was adopted by the Board of County Commissioners on the 28th day of September, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of October, 2010. DWIGHT E. BROCK Clerk of Courts.. N0vM,.erk Ex- officio to :Brd "af County Commib.b is f r,. By: Martha VercJaza,O l Deputy Clerk