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HomeMy WebLinkAbout1999 09 27 Consent Item E COMMISSION AGENDA ITEM E Consent X Information Public Hearin2 Regular September 27 . 1999 Meeting MGR.;tvv /D~._ REQUEST: The Community Development Department requests the City Commission authorize the City Manager to enter into a contract with the firm of CPH Engineers, Inc. to prepare amendments to the City Code affecting floodplains. PURPOSE: The purpose of this agenda item is for the City to employ an engineering consultant to research the existing codes related to floodplains and make recommendations for change. APPLICABLE LAW AND PUBLIC POLICY: The Provisions of Section 15-27. Compliance. Which States: ''No public or private development shall be pennitted except in conformity with the comprehensive plan or elements or portions thereof' (Code 1974, ~ 18-2). The Comprehensive plan in the conservation section provides the following goal: "To preserve the natural environment and quality of life on which Winter Springs is founded". CDD/September 23, 1999/2:21 PM September 27, 1999 Consent Agenda Item E Page 2 Conservation Objective B). Conserve natural resources within the City as perpetual assets. Policies: 1). The City's remaining wetlands, 100-year floodplain, unique upland vegetative communities (i.e. hydric hammock, bayheads and swamps), and endangered and threatened species habitats are designated as environmentally sensitive lands. The City shall create a Conservation Land Use Category implementing the conservation element land use objectives. These lands shall be subject to the standards for development of Policies B (1-8) and C (1-6). 4). Promote dedication or conservatorship ofland adjacent to natural drainage features, by allowing such areas to be counted in calculating open space requirements, and by establishment of provisions for conservation easements in the land development regulations. 5). Require conservation easements to be recorded as part of all land development containing wildlife habitat utilized by endangered or threatened species protected under policy C(3), 100-year floodplains, and wetlands, when outright public ownership is impractical. Uses within conservation easements shall be limited to those allowed under Chapter 704.06, F.S. No new platting shall be approved that does not meet the natural resource protection standards of policies C(I) through C(6). 6). Verify all jurisdictional permits of Federal and State agencies have been acquired before development orders are issued by the City on properties adjacent to or including the natural drainage features including SJRWMD, FDER and USACOE permits for wetlands and water bodies, SJRWMD permits for stormwater management, and FEMA requirements for the 100-year floodplain. In addition, the development order must be consistent with the policies for natural resource protection of this plan, including C(I-6). COD/September 23, ] 999/2:2] PM September 27, 1999 Consent Agenda Item E Page 3 Conservation Objective: C). Protect, conserve and appropriately use the remaining native vegetative communities, wildlife and wildlife habitat, particularly species designated as endangered, threatened or of special concern, and habitat utilized by those species, from destructive practices, through site plan review criteria requiring the species and habitat be identified, requirements that protection of remaining habitat be enforced through development orders, and providing incentives for such protection. Policies: 5). Wetlands shall be protected through the enforcement of the following standards for new development and redevelopment: a. Wetlands shall be delineated on the site plan according to DER, SJRWMD and USACOE definitions, whichever is stricter. b. No new individual lots or parcels shall be created after the adoption of this plan that consist of such a high proportion of wetlands that development of the lot is impossible without filling or other disturbance of those wetlands. c. Development shall be clustered away from wetlands. All projects proposing alterations to wetlands shall submit documentation to the City that the project cannot be redesigned to avoid alteration to wetlands. d. A vegetated wetland buffer of 25 feet, depending upon site conditions, shall be maintained between all structures and the wetland jurisdiction line. No more than 25% of the shoreline of any development parcel may be cleared, to provide access to the shoreline and/or view of the lake. e. Where the developer documents that the site cannot be reconfigured to avoid alteration of the wetland, the amount of fill placed shall be limited to the minimum necessary for development. All structures in wetlands shall be placed on pilings, unless otherwise approved by jurisdictional agencies. No new septic tanks shall be allowed within 75 feet of water bodies of wetlands. CDD/September23, 199912:21 PM September 27, 1999 Consent Agenda Item E Page 4 f. Any alteration of wetlands that impairs wetlands functions shall be required to replace wetlands acre for acre, type for type, or as permitted by the USACOE, SJRWMD, and/or DER. The placement of docks, piers or boardwalks where a minimal amount of fill is used may be exempt from this requirement, unless there are penn it requirements of other agencies. 6. All proposals for development in the 100-year floodplain shall be required to avoid alteration in the 100-year floodplain. Where the applicant documents that the project cannot be completed without alteration of the 100-year floodplain, by meeting the criteria established in Policies C(l) through C (6) of this element, the project may be approved if all structures are placed on pilings or filled with a minimum amount of fill and compensating storage provided. All structures shall be constructed so that the first floor elevation is 18" above the 100-year floodplain. No septic tanks shall be located within the 100-year floodplain. Clearing of floodplain vegetation shall be limited to 25% of the site. No hazardous materials or wastes shall be stored within the 100-year floodplain. Land Use Objective: A). Perpetuation of the existence and benefit of natural drainage features, excluding them from being developed with uses that require the support of urban infrastructure. Policies: 3). The natural hydrological, typographical, biological and ecological functions of natural drainage features, creeks and wetland areas lying within the boundaries of the City shall be protected. The standards and provisions for protection shall include, but not necessarily be limited to the following: a). Require projects to cluster development away from wetland areas of the site and maintain upland buffers adjacent to wetlands. The minimum vegetative buffer requirement shall be twenty-five (25) feet upland from the wetland area. A larger buffer shall be required on a site-by-site basis when required to protect the resource. The City shall follow the following criteria in determining whether a larger buffer area is required are the extend and functional value of CDD/September 23. 1999/2:21 PM September 27, 1999 Consent Agenda Item E Page 5 the wetland, and the density and intensity of the proposed development. b. Require all wetlands to be accurately identified at the time of site development review. Alteration of wetlands may be permitted, however specific mitigation standards in accordance with policies of the St. Johns Water Management District will be established to ensure no net loss of wetlands either by functional value or extent. c. Environmentally sensitive areas shall be covered by an environmental easement which restricts uses to passive recreational activities. The environmental easement may be dedicated by plat or by a separate instrument approved by the City. d. Require vegetative buffers around all lakes in order to protect water quality of these water bodies. The minimum upland lake buffer shall be fifty (50) feet. No fill shall be placed in lakes, except as permitted by applicable state, regional and federal agencies. Fill as defined as deposition, by any means of material in waters, with the exception of naturally occurring material, which may deposit into waters by natural causes or means, and piers and piling supports authorized by permitting agencies. e. Provision of specific location standards for the construction of docks and other structures over lake areas. f Wetlands shall be delineated on the site plan according to DER, SJRWMD, and USACOE definitions, whichever standard is more restrictive. Wetlands shall mean those areas established as jurisdictional by the above agencies. g. Developments adjacent to Lake Jesup shall not be permitted to include Light Industrial, Industrial, or Commercial Land Uses. In addition to these restrictions, the following provisions to protect the natural functions of the lake shall be established: 1. An upland buffer zone, to be a minimum width of fifty (50) feet, shall be provided between any development activity on the lake; 11. All development along the Lake shall be required to meet a more restrictive impervious surface ratio standard. All development along the lake shall provide a minimum of 40% pervious surface. CDD/September 23.199912:21 PM September 27, 1999 Consent Agenda Item E Page 6 111. No direct discharge of storm water into the Lake shall be permitted, in accordance with criteria established by the SJRWMD. CONSIDERATIONS: 1. The City of Winter Springs Comprehensive Plan was adopted on April 27, 1992. In the conservation and land use elements of the plan reference is made to upland buffer zones protection of wetland areas, and the placement of docks. 2. The City Commission elected in a January 18, 1999 workshop not to adopt the model floodplain ordinance prepared by FEMA and directed the City Attorney to revise the existing codes related to Floodplain Management. 3. The firm of CPH Engineers, Inc. was selected by staff due to their expertise and extensive background with floodplain matters. FUNDING: Attachment "A" is a separate contract from CPH to complete the tasks and provide professional services to evaluate existing codes related to floodplains and to make recommendations for changes in the code of ordinances at a proposed cost of $2,760.00. These items are not budgeted and must be funded from supplemental appropriations from the general fund reserves. CDD/September 23.1999/2:21 PM September 27, 1999 Consent Agenda Item E Page 7 RECOMMENDATION: It is recommended that the City Commission authorize the City Manager to enter into a contract with the firm of CPH Engineering, Inc. to study existing codes and prepare recommended changes. IMPLEMENTATION: The contract with CPH will address floodplain management issues. ATTACHMENTS: A) CPH contract and services for floodplains. COMMISSION ACTION: CDD/September23, 199912:21 PM R~r.;;eIVED September 16, 1999 (' :~ P '1 7 1Q99 .) -- ., ;:) CPH Engineers, Inc. 1117 E. Robinson St., Suite C Orlando, FL 32801 Phone: (407) 425-0452 Fax: (407) 648-1036 www.cphengineers.com CrTY Of IIIJINTER SPRINGS CommunIty uevelopment Mr. Charles Carrington City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708-2799 RE: Proposal to Assist the City of Winter Springs with Modifications and/or Amendments to Adopted Ordinances for Floodplain Management Dear Charles: Pursuant to your request, CPH Engineers, Inc. (CPH) provides the following proposal to assist the City of Winter Springs with revising or amending adopted ordinances which address floodplain management issues. The general scope of services includes a review of current codes relating to floodplain management for both the City of Winter Springs and other municipalities and counties in central Florida. Based on that review, a series of workshops would be scheduled with City of Winter Springs persOImel and with city commissioners to review possible moditications to existing ordinances and potential amendments to these ordinances. A series of public hearings would also be scheduled and the suggested changes presented with public participation and comment. Drafts of the proposed changes would be provided for fmal discussion, modification, and approval. Our services under this contract are not intended to duplicate permitting requirements of other federal, state, and local governments, but to maximize the City of Winter Springs protection and input on floodplain issues which are nonnally handled by the Federal government agencies. Over the years, we have assisted the City of Winter Springs and other governmental agencies directly with ordinance development and modification. This expertise coupled with our knowledge of stormwater issues, makes us uniquely qualified for this task. . We propose the following scope of services. o Task No.l- Initial Focus Workshop CPH will attend the initial review workshop with City Commissioners, other city personnel involved in the development and review process, and interested public participants. They will gather information and prepare exhibits on the existing floodplain and flood-prone areas within the City of Winter Springs. The information presented to workshop attendees will outline issues and procedures for modifications to the floodplain and flood-prone areas as allowed by the federal government. The minutes from this meeting will include input from CPH. o Task No.2 - Review of Existine: Ordinances CPH will compile and review the existing City of Winter Springs ordinances related to floodplain management identified during the initial workshop. They will also compile and review other state, county \\CPH_ORLANDO\SYS\JOBS\Z6582\PROPOSALS\WINTER SPRINGS\FLQOD PLAIN MANAGEMENT PROPOSAL. DOC SANFORD . ORLANDO . DELAND . PALM CITY . CAPE CORAL . JACKSONVILLE Mr. Charles Carrington September 14, 1999 Page 2 and local ordinances on floodplain management to assist them in formulating proposed changes to the existing city ordinances and recommend options for amending the adopted codes. o Task No.3 - Progress Review Workshop CPR will also attend the second workshop to present recommended revisions to existing floodplain management ordinances for the city. Their recommended options will have been developed based on the initial focus workshop and review of other ordinances from other mWlicipalities. The goal of this workshop will be to define the ordinances to be modified or amended to better manage flood-prone areas within the City of Winter Springs. o Task No.4 - Preparation of Proposed Ordinance Amendments Based on information and comments received during the Progress Review Workshops, a draft of the proposed ordinance amendments will be prepared and submitted to the City of Winter Springs. o Task No. 5 - First Commission Meeting (Public HearingIFirst Reading of Ordinance Amendments) CPH will coordinate with the City of Winter Springs to present recommended modifications of city ordinances during the regularly scheduled public meeting with the City Commissioners. CPH will make a presentation and answer questions during this hearing, if necessary. Any necessary, non-substantive changes to the proposed ordinance amendments will be made, and a final draft will be submitted to the City of Winter Springs. o Task No.6 - Second Commission Meeting (Final Reading and Adoption of Ordinance) CPR will attend a fmal public meeting with the City Commissioners regarding approval of recommended changes to the city's ordinances for floodplain management. CPR will attend this meeting to answer questions and provide a presentation, if necessary. o Task No.7 - Requested Services Work related to tasks above and beyond the scope of services provided herein will be conducted on a time and materials basis pursuant to your authorization. Cost of Services and Invoicin{! Mr. Terry Zaudtke will attend workshops and meetings representing CPH. Billing will be on a lump sum fee basis in accordance with the following table. We have also provided a box for each step in this process \\CPH_ORLANDO\SYS\lOBS\Z6582\PROPOSALS\WINTER SPRINGS\FLOOD PLAIN MANAGEMENT PROPOSAL.DOC Mr. Charles Canington September 14, 1999 Page 3 for your approval. If you accept our proposed s.ervices, please check those tasks that you will need. Please be advised that the tasks are not mutually exclusive. We will work from a purchase order from the City of Winter Springs. CPR Engineers, Inc. Review/Modification of Adopted Codes for Floodplains and Floodplain Management o Task No.1 o Task No.2 o Task No.3 o Task No.4 o Task No.5 o Task No.6 o Task No.7 Initial Focus Workshop Review of Existing Ordinances Progress Review Workshop Preparation of Proposed Ordinance Amendments. First Commission Meeting (Public HearingIFirst Reading of Ordinance Amendments) Second Commission Meeting (Final Reading and Adoption of Ordinance) Requested Services $805 $885 $210 $280 $360 '~." $220 Time and materials \\CPH_ORLANDO\SYS\JOBS\Z6582\PROPOSALS\WINTER SPRINGS\FLOOD PLAIN MANAGEMENT PROPOSAL. DOC . . , Mr. Charles Carrington September 14, 1999 Page 4 Space has been provided below for your acceptance of this proposal and your signatlU'e hereon will constitute a contract between us for the work. Please sign both copies and return them to our office. A fully executed contract will be returned for your files Sincerely yours, CPH ENGINEERS, INC. Accepted by: Date City of Winter Springs 7//6/;?f Date ' Enclosure \\CPH_ORLANDO\sYSVOBS\z6582\PROPOSALS\WfNTER SPRINGS\FLOOD PLAIN MANAGEMENT PROPOSAL.DOC .. , September 16, 1999 RECEIVED SEP 1 7 1999 Mr. Charles Carrington City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708-2799 CIT\' OF WINTER SPRINGS Community Development CPH Engineers, Inc. 1117 E. Robinson St., Suite C Orlando, FL 32801 Phone: (407) 425-0452 Fax: (407) 648-1036 www.cphengineers.com RE: Proposal to Assist the City of Winter Springs with Modifications and/or Amendments to Adopted Ordinances for Floodplain Management Dear Charles: Pursuant to your request, CPR Engineers, Inc. (CPR) provides the following proposal to assist the City of Winter Springs with revising or amending adopted ordinances which address floodplain management issues. The general scope of services includes a review of current codes relating to floodplain management for both the City of Winter Springs and other municipalities and counties in central Florida. Based on that review, a series of workshops would be scheduled with City of Winter Springs personnel and with city commissioners to review possible moditications to existing ordinances and potential amendments to these ordinances. A series of public hearings would also be scheduled and the suggested changes presented with public participation and comment. Drafts of the proposed changes would be provided for fmal discussion, modification, and approval. Our services under this contract are not intended to duplicate permitting requirements of other federal, state, and local governments, but to maximize the City of Winter Springs protection and input on floodplain issues which are nonnally handled by the Federal government agencies. Over the years, we have assisted the City of Winter Springs and other governmental agencies directly with ordinance development and modification. This expertise coupled with our knowledge of stormwater issues, makes us uniquely qualified for this task. We propose the following scope of services. o Task No.l- Initial Focus Workshop CPR will attend the initial review workshop with City Commissioners, other city personnel involved in the development and review process, and interested public participants. They will gather information and prepare exhibits on the existing floodplain and flood-prone areas within the City of Winter Springs. The information presented to workshop attendees will outline issues and procedures for modifications to the floodplain and flood-prone areas as allowed by the federal government. The minutes from this meeting will include input from CPR. o Task No.2 - Review of Existin!! Ordinances CPR will compile and review the existing City of Winter Springs ordinances related to floodplain management identified during the initial workshop. They will also compile and review other state, county \\CPH_ORLANDO\SYS\JOBS\Z6582\PROPOSALS\WINTER SPRINGS\FLOOD PLAIN MANAGEMENT PROPOSAL. DOC SANFORD . ORLANDO . DELAND . PALM CITY . CAPE CORAL . JACKSONVILLE Mr. Charles Carrington September 14, 1999 Page 2 an~ !ocal. ordin~ces on floodplain manag~ment to assist them in formulating proposed changes to the eXlstmg CIty ordmances and recommend optIOns for amending the adopted codes. o Task No. 3 -Pro2ress Review Workshop CPH will also attend the second workshop to present recommended revisions to existing floodplain management ordinances for the city. Their recommended options will have been developed based on the initial focus workshop and review of other ordinances from other municipalities. The goal of this workshop will be to define the ordinances to be modified or amended to better manage flood-prone areas within the City of Winter Springs. o Task No.4 - Preparation of Proposed Ordinance Amendments Based on information and comments received during the Progress Review Workshops, a draft of the proposed ordinance amendments will be prepared and submitted to the City of Winter Springs. o Task No. 5 - First Commission Meetinl! (Public Hearin2/First Readin2 of Ordinance Amendments) CPH will coordinate with the City of Winter Springs to present recommended modifications of city ordinances during the regularly scheduled public meeting with the City Commissioners. CPH will make a presentation and answer questions during this hearing, if necessary. Any necessary, non-substantive changes to the proposed ordinance amendments will be made, and a final draft will be submitted to the City of Winter Springs. o Task No.6 - Second Commission Meetin2 (Final Readin2 and Adoption of Ordinance) CPH will attend a fmal public meeting with the City Commissioners regarding approval of recommended changes to the city's ordinances for floodplain management. CPH will attend this meeting to answer questions and provide a presentation, if necessary. o Task No.7 - Requested Services Work related to tasks above and beyond the scope of services provided herein will be conducted on a time and materials basis pursuant to your authorization. Cost of Services and Invoicin2 Mr. Terry Zaudtke will attend workshops and meetings representing CPH. Billing will be on a lump sum fee basis in accordance with the following table. We have also provided a box for each step in this process \\CPH_ORLANDO\SYS\JOBS\Z6582\PROPOSALS\WINTER SPRlNGS\FLOOD PLAIN MANAGEMENT PROPOSAL. DOC Nfr.Ch~lesCanin~on September 14, 1999 Page 3 for your approval. If you accept our proposed services, please check those tasks that you will need. Please be advised that the tasks ~e not mutually exclusive. We will work from a purchase order from the City of Winter Springs. CPH Engineers, Inc. Review/Modification of Adopted Codes for Floodplains and Floodplain Management o Task No.1 o Task No.2 o Task No.3 o Task No.4 o Task No.5 o Task No.6 o Task No.7 Initial Focus Workshop Review of Existing Ordinances Progress Review Workshop Prep~ation of Proposed Ordinance Amendments First Commission Meeting (Public He~glFirst Reading of Ordinance Amendments) Second Commission Meeting (Final Reading and Adoption of Ordinance) Requested Services $805 $885 $210 $280 $360 $220 Time and materials \\CPH_ORLANDO\SYSVOBS\Z6582\PROPOSALS\WINTER SPRINGS \FLOOD PLAIN MANAGEMENT PROPOSAL.DOC @[g2[ill Mr. Charles Carrington September 14, 1999 Page 4 Space has been provided below for your acceptance of this proposal and your signature hereon will constitute a contract between us for the work. Please sign both copies and return them to our office. A fully executed contract will be returned for your files Sincerely yours, CPH ENGINEERS, INC. Accepted by: ~p~~ / City of Winter Springs ---- Date Date 9//6/?f Enclosure \\CPH_ORLANDO\sYSVOBS\z6582\PROPOSALS\WINTER SPRINGS\FLOOD PLAIN MANAGEMENT PROPOSAL. DOC