HomeMy WebLinkAbout1998 06 22 Informational Item F
CO~MMISSION AGENDA
ITEM F
Consent
Informational X
Public Hearing
Regular
June 22. 1998
Meeting
MGRV DEPT_
Authorization
REQUEST: City AttolrDey requesting the Commission to review responses to
CommissiDner issues, relating to floodplain, floodway and wetland
managemlent issues.
PURPOSE: The purpose of this Board Agenda Item is to respond to certain specific and
general inquiries from City Commissioners relating to how projects are
reviewed for floodplain, floodway and wetland ordinance and comprehensive
plan complliance.
FINDINGS:
Staff responses to Commission inquiries are attached, The staff responses are
divided into categories listed and detailed below. The responses specifically
respond to Commissioner Gennell's inquiry about City Code requirements for
buffers from development adjacent to wetlands; (Chapter 8 issues), land
development (Chapter 9) issues, and comprehensive plan issues relating to
redevelopment areas, wetland buffering, lot development in and around
wetland areas. These staff responses relating to Commissioner Martinez (Hem
A, attached) are enclosed as Items A-t, A-2 and A-3 to this Agenda Item.
The issues raised in Item "A" (Staff responses to Commissioner
Martinez's letter), are responded to as follows:
Item A-I
May 26, 1998 memorandum from City Engineer to
Community Development Director.
Item A-2
May 26, 1998 memorandum from Land Development
Coordinator to Community Development Director.
Item A-3
May 26, 1998 memorandum from Comprehensive Planning/Zoning
Coordinator to Community Development Director
In a second memorandum Commissioner Martinez raised additional issues attached as Item
B. Commissioner Miller's memorandum asking specific area flooding questions is attached as "Item
B-1" . The item liB" and "B-1 II memorandum are answered by the staff response from the City
Engineer dated May 8, 1.998, Item B-2, attached.
Also attached is a memorandum ("Item C") from the city attorney to the city manager
regarding the draft from Floodplain management ordinance under initial review by staff and the
conmllSSlOn.
Also note that the Community Director is coordinating with the regional office of the Federal
Emergency Management Agency (FEMA) a county-wide workshop on floodplain management issues
for July 21, 1998. The workshop is scheduled from 10:00 a,m, to 3:00 p.m. at the City of Winter
Springs Civic Center. At that workshop, FEMA representatives will conduct a county-wide
workshop on floodplain management and regulation issues.
CHRONOLOGY:
1. January, 1998 - commissioner memos
2. 4-20-98 Model Floodplain Management ordinance to Commissioner
at Commission workshop.
FISCAL IMPACT:
No direct costs.
ATTACHMENTS:
Described Items:
Item-A
A-I, A-2, A-3
Item B
B-1
B-2
Item C
Commissioner Martinez's memorandum
Staff Responses to above memorandum
Commissioner Martinez's second memorandum
Commissioner Miller's memorandum
Staff response to Items B & B-1
City attorney memorandum and mark up
of draft model floodplain management ordinance
COMMISSION:
1. Review information and responses.
2. Attend July 21, 1998 FEMA Floodplain Management Issue
workshop at theWinter Springs Civic Center.
EXHIBIT A
To: City Manager, Mayor, Commissioners
From: Commissioner Ed Martinez - District #3
Since three meetings ago we requested an effort at amending the City Code of Ordinances and the
Comprehensive Plan as needed, am herewith submitting excerpts of Chapter 8 and 9 of the Code of
Ordinances applicable to the request.
Code of Ordinances:
Sec. 8-2 The purpose and objective of this chapter are to promote the public health, safety and general
welfare, and to minimize public and private losses due to flood conditions in specific areas..................
Sub-sections follow des:cribing what is meant by the above and include;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at
the ex-pense of the general public.
(7) To ensure that potential buyers are notified that property is in an area of special flood bazard;...
Sec, 8-3 - Sub-SectiOilli;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers,
which help accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging, .....,.......,..........which may increase flood damage.
(5) Preventing or regula,ting the construction offlood barriers which will unnaturally divert floodwaters....
Sec. 8-6
........,.,................................................However, where this chapter and another ordinance, easement,
covenant, or deed restri<:tion conflict or overlap, wbicbever imposes tbe more stringent restrictions
shall prevail.
Sec. 8-7
In the interpretation and! application of this chapter, all pro\'isions shall be:
(2) Liberally construed in favor of the governing body;................................
Art. II
Sec. 8-31 '...,...,.........,.,.,...,....,............"",..................
The City Manager is hereby appointed the flood damage control administrator to administer and
implement this chapter..............................................,
Sec, 8-32 Duties and responsibilities.......................,..........,.........,...
(1) Review all applications for development permits to determine that the requirements of this chapter
have been satisfied.
* (b) Review all applications for development to determine that all necessary permits have been obtained
from those federal, state or local governmental agencies from which prior approval is required.
(4) Issuance of permit and record keeping: After ascertaining that all requirements of his chapter have
been met, the flood damage control administrator may issue the development permiL......,...,....................
* (a).,.,...................................................................it shall be the duty of the permit holder to submit to
the city manager a certifi,::ation of the elevation of the lowest floor or floodproofed elevation, as built, ".".
Such certificate shall be prepared by or under the direct supervision of a registered land surveyor or
professional engineer and certified by same.........,...............................Any work done within the twenty-
one day calendar period, and prior to submission of the certification shall be at the permit bolder's
risk.
(5) Control of alteration (If watercourses. The local administrator shall:
* (a) Notify adjacent communities and the state department of community affairs prior to any alteration
or relocation of a watercourse, and submit evidence of such notification to the federal insurance
administration,
r
EXHIBIT A
Sec. 8-33 - (a. 1) New developments.
When new development proposals include lands designated as areas of special flood hazard, the
aforementioned develo:pment permit shall not be issued until all applicable requirements of Chapter 9 of
this Code have been fulfilled. Specifically the procedures outlined in section 9-10 1 (a)(2) and provisions
of section 9-241 which exceed the provisions of this chapter, shall apply and be prerequisites to issuance
of the development permit.
(b) Application for pennit: Application for a development permit shall ,.............,.include, but not limited
to, plans showing the nature, location, dimensions, and elevations of the area in question.
*(4) Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development.
Sec. 8-34 (b) Conditions under which variances may be granted.
*(1) In passing upon such application, the city commission shall consider............,.................................
the danger that material, may be swept onto other lands to the injury of others, the danger to life and
property due to flooding; or erosion damage;the susceptibility of the proposed facility and its contents to
flood damage and the eirect of such damage to the individual owner; ...............,..,...............,..................
the necessity to the facility of a waterfront location, ......,.....,...........................,....................,the relation-
ship of the proposed use to the comprehensive plan and floodplain management program of the
area,..........
and the safety of access 1:0 the property in times of flood for ordinary and emergency vehicles.
*(4) Variances shall OJrUy be issued upon ,.........................................,........,.., a determination that the
granting of a variance will not result in increased flood heights, additional threats to public safety, or
extraordinary public eA"pense; create nuisances; cause fraud on or victimization of the public...........,...,......
See, 8-51 - (1 )(a) . ,
All new construction anel substantial improvements shall be anchored to prevent flotation, collapse, or
lateral movement of the ~itructure.
Sec. 8~52 (1) Residential construction:
New construction and substantial improvement of any residential structure shall have the lowest floor,
including basement, elevated to or above base flood elevation.
See, 8-54 Standards for SJrnall streams
(1) NO ENCROACHMENTS, INCLUDING Fll..L MATERIAL OR STRUCTURES SHALL BE
LOCATED WITHIN A DISTANCE'OF-rttE STREAM BANK EQUAL TO FIVE (5) 'fIMES THE
WlITfH OF THE STREAM AT THE TOP OF THE BANK OR TWENTY (20) FEET ON EACH SIDE
OF THE BANK, WHICHEVER IS GREATER
.. : ~~
EXHIBIT A
Chapter 9 - Land Dev1elopment
Sec, 9-46 (a) Preapplil;ation approval procedure.
It is recommended that any developer contemplating subdividing land in the city consult with city
planning, building and engineering officials before laying out any such plan. ,........,...........................,.,.
(b )(2).,...... ............,.., .........."..............."..,.............................,................ ........."..,.,...,......." ...... '.....,........
All elevations shall be based on U.S. Coast and Geodetic Datum.(The science dealing with the
determination of the shape, size, area, and curvature of the earth................................................................
In addition, the seasonal high water elevation shall be provided, .......................,........................................
Sec. 9-49 Approval of preliminary plan to be construed only as authority to submit final plan.
.......................................Approval ofthe preliminary plan by the city council shall not be construed
as authority for the snle of lots in reference to the preliminary plan, nor as authority for obtaining
building permits, nor for the recording of a plat, nor for the installation of required improvements.
Sec. 9-72 Processing of Final Plans
(4) Only if significant l;hanges, alterations or modifications have been made to the final plans, tending to
be construed as a substmtial difference between the final and the preliminary plans, plans must then be
sent to planning and mning for further review.
Sec. 9-101 (c) Use of natural features
The arrangement of lots and blocks and street systems should make the most advantageous use of
topography and preserve mature trees and other natural physical features wherever possible.
Sec. 9-179 (c) 1, 2, (d) 1, 2 (a through s) details a step by step procedure of inspections delegated to staff
in order to assure the buyer-owners that a development in question is safe and sound.
9-241 (f)
The city encourages the preservation of existing swamp areas, ponds (including intermittent ponds),
wetland and wet areas, and bayheads for water storage and conservation purposes, Existing flood storage
quantities shall ntt be I~educed by development from that which existed on site prior to development.
Pre and post deve opment volume must be adhered to .................................................by development
below the elevation of the hundred year flood as defined by FEMA an the latest official panel of the FIRM
(h) At no time will the hydraulic grade line be allowed to be higher than the edge-of-pavement at
inlets and at no time be higher than the manhole rim at storm water manholes.
In addition to the excerpts in question am hereby asking my fellow commissioners to join me in
requesting
from the city manager and staff that effective as soon as possible they be required to keep us informed of
every application for development within the corporate boundaries of our city on a minimum of a monthly
basis thus allowing the members of this commission to be informed, read and study all relevant material
through final application process in order for us to be able to make a more educated and intelligent
decision on such matters: during the final presentation and decision making efforts.
Am also requesting that each and every time we have to face a difficult issue (ex. Battle Ridge) that we be
supplied \vith the necessary documentation by the Wednesday preceeding the City Commission Monday
Public Hearings, again ill order to have a sufficient amount of time to study and research facts necessary to
make an intelligent deci~iion.
If for reasons beyond staJff control this deadline can not be met, make the necessary arrangement to
table the matter until such time as staff can comply with the requested deadline,
Thank you
EXHIBIT A
Chapter 9 - Land Devdopment
Sec. 9-46 (a) Preapplic:ation approval procedure.
It is recommended thait any developer contemplating subdividing land in the city consult with city
planning, building and engineering officials before laying out any such plan. ,..........................,.............
(b)(2)..........................,...............,....................... ................,...,.."...,..,.................,..............."....,...".,.......
All elevations shall be based on V,S. Coast and Geodetic Datum.(The science dealing with the
determination of the shape, size, area, and curvature of the earth.....................................,...............,..........
In addition, the seasonal high water elevation shall be provided, ,...............................................................
Sec. 9-49 Approval of preliminary plan to be construed only as authority to submit final plan.
..............................,.,......Approval of the preliminary plan by the city council shall not be construed
as authority for the sale of lots in reference to the preliminary plan, nor as authority for obtaining
building permits, nor Jor the recording of a plat, nor for the installation of required improvements.
Sec. 9-72 Processing of Final Plans
(4) Only if significant changes, alterations or modifications have been made to the final plans, tending to
be construed as a substantial difference between the final and the preliminary plans, plans must then be
sent to planning and zoning for further review.
Sec. 9-101 (c) Use of natural features
The arrangement of lots and blocks and street systems should make the most advantageous use of
topography and presen'e mature trees and other natural physical features wherever possible.
Sec. 9-179 (c) 1, 2, (d) 1,2 (a through s) details a step by step procedure of inspections delegated to staff
in order to assure the buyer-owners that a development in question is safe and sound
9-241 (t)
The city encourages the preservation of existing swamp areas, ponds (including intermittent ponds),
wetland and wet areas, and bayheads for water storage and conservation purposes. Existing flood storage
quantities shall not be rl:duced by development from that which existed on site prior to development.
Pre and post developmen.t volume must be adhered to .................................................by development
below the elevation of thl: hundred year flood as defined by FEMA an the latest official panel of the FIRM
(h) At no time wiU the hydraulic grade line be allowed to be higher than the edge-of-pavement at
inlets and at no time be nigher than the manhole rim at storm water manholes.
In addition to the excerpts in question am hereby asking my fellow commissioners to join me in
requesting
from the city manager and staff that effective as soon as possible they be required to keep us informed of
every application for devdopment within the corporate boundaries of our city on a minimum of a monthly
basis thus allowing the members of this commission to be informed, read and study all relevant material
through final application process in order for us to be able to make a more educated and intelligent
decision on such matters during the final presentation and decision making efforts.
Am also requesting that each and every time we have to face a difficult issue (ex. Battle Ridge) that we be
supplied with the necesSaIY documentation by the Wednesday preceeding the City Commission Monday
Public Hearings, again in order to have a sufficient amount of time to study and research facts necessary to
make an intelligent decision.
If for reasons beyond staff control this deadline can not be met, make the necessary arrangement to
table the matter until such time as staff can comply with the requested deadline.
Thank you
EXHIBIT A
City of Winter Spring:; - Comprehensive Plan 1990-2010 LAND USE - Excerpts
GOAL;
To ensure that the culmination of a City to remain predominantly a residential component of the Orlando
metropolitan area is guided to protect the quality of life by defining time perimeters of residential,
conservation, mixed Illie, and commercial lands with spatial buffers so each use may function optimally.
Objective - C, p 10
No areas within the Cil~ have been identified as blighted areas \Yithin city limits. However, it is the City's
objective to prevent any eases of future blight by implementing policies to ensure redevelopment and
renewal of any areas of the City before blight occurs. This shall be accomplished by enforcing minimum
housing codes, providing for conservation, demolition and rehabilitation techniques for deteriorating
structures, etc............. .......................,....,.......,....... '......................................,..... ..., ...................:..'..........,...
One such area is located to the north and south sides of S.R 434 between Edgemon and Moss Road.
S. R 434 is scheduled for redevelopment but still the blighted area stands out like a sore thumb.
Objective - A(3), page 1.0 In support of the Code of Ordinances relative to wetlands and floodplain zones.
The natural hydrological, topographical, 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 prO\>~isions for protection shall include, but not necessarily be limited to the follo\Ying:
a) Require projects to cluster development away from wetland areas of the site and maintain upland
buffers adjaecnt to wetlands. The minimum vegetative buffer requirement shall be twent}'-five feet upland
from the wetland area. A larger buffer shall be required on a site-by-site basis when required to protect
the resource..,..........,....,.,."...........,..........".....,......,...........................,.....,.........",....."...... ..., ....., ,........,....,
Recently Comr. Gennell asked the question about buffers in the wetlands and was informed that
there was no set requirement.
b)Require all wetlands to be accurately identified at the time of site development review.......,..................,..
specific mitigation standards in aecordance with policies of the SJWMD \Yill be established to ensure no
net loss of wetlands eith(:r by functional value or extent.
c)Environmentally sensilive areas shall be covered by an emironmcntal casement which restricts uses to
passive recreational activities.
d)Rcquire vegetative bufl'Crs around all lakes in order to protect water quality of these water bodies, The
minimum upland lake buffer shall be fifty (50) feet.
f) Wetlands shall be delineated on the site plan according to DER, SJRWMD, and USACOE definitions,
whichever standard is more restrictive.
g) III - No direct discharge of storrnwater into the Lake shall be permitted, in accordance \Yith criteria
established by the SJR WMD
No new indhiduallots or parcels shall be creatcd 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.
Any alteration of wetland; that impairs wetlands functions shall be required to replace wetlands acre for
acre, type for type, or as permitted by the USACOE, SJRUMD and/or DER
All proposals for development in the 100 year floodplain shall be required to redesign the site plan to
avoid alteration in the Ion year floodplain..........................,...................................."........................,.....,...
No septic tanks shall be pc;:rmitted in the 100 year floodplain.
Policies: 1), page 14
The revised land development regulations, to be adopted by the staturoty deadline, shall contain specific
pro~isions and activities to, be used by the City to protect environmentally sensitive lands,
EXHIBIT A
d)2 page 15
Protect the rights of property o\\ners...............by allowing shifting of development rights to concentrate
cumulative density or i.ntensity allowable on their gross acreage to the net property outsidethe preserved
areas.
4) Establish post-dcvelopment monitoring procedures to verify that eonstruc7.ion design has accomplished
the purpose of no detrimental impact on the natural resources to be preserved.
CONSER V ATION;
B) Conserve natural resources within the City as perpetual assets.
POLICIES;
1) The City's remainin,g wetlands, lOO-year floodplain, unique upland vegetative communities .................
arc designated as environmentally sensitive lands,
4) Promote dedication or conservatorship ofland adjacent to natural drainage features,..............................
6) Verify all jurisdictional pennits of Federal and State agencies bave 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, andFEMA................................................
POLICIES : Page 31
5) Wetlands shall be protected through the enforcement of the following standards for new development
and redevelopment.
b) No new indi"iduallots 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.
f) Any alteration of wetlands that impairs wetlands functions shall be required to replace wetlands acre for
acre, type for type, or as pennitted by the USACOE, SJRWMD, and/or DER.
6) Page 32
All proporsals for develc,pment in the 100 year floodplain shall be required to avoid alteration in the 100
year floodplain..,...........,........,.............,............."..."....,.........,...."",..........." Clearing of floodplain
vegetation shall be limit€:d to 25% of the site,
With regards to annexation:
POLICIES: Intergovernmental Coordination
4) Page 83
Uphold the covenants in the Interlocal Agreement executed in 1987 between the city- and the County
regarding the future of the remaining enclaves within the center of Winter Springs, that they will Jogically
and functionally be part of the City and therefore the County will not oppose annexation and the City will
gradually assume responsibility to provide urban services and maintenance, and the City will include these
enclaves in its lon-range planning for ex-pansion of facilities to provide for their development.
Respectully submitted.....,........,..,.....,....,.,Ed Martinez, Commissioner - District #3
........- .
EXHIBIT A
CONSERVATION DATA & ANALYSIS
commercial and multi-family residential development. Landscaping should occur as soon as possible during the
site development process, and no later than at the time a certificate of occupancy is issued. Other
recommendations for erosiion and sediment management techniques are provided in The Florida Develooment
Manual. A Guide to Sound Land and Water ManalZement. by the Department of Environmental Regulation.
The upland sandy soils of Wmter Springs generally absorb stormwater, rather than leaving the site as
runoff. However, as more land is developed, the pervious (penetrable) soil area is reduced. Stormwater runoff
may contnbute to erosion ,problems as the land's natural recharge, capabilities: are reduced by development of
buildings and pavement. Therefore, site design for all new developments, other than infill of existing single-
family residential lots that are served by regional systems, should include methods of stormwater detention which
ensure 'post-development slormWater runoff rates do not exceed pre-development runoff rates. - .
SURFACE WATER RESOURCES
Surface water resCiurces in Winter Springs consist of: Soldier's Creek; Gee Creek; Howell Creek
(Branch); Bear Creek; portions of Little Lake Howell; and portions of the south shore of Lake Jesup. There are
a number of isolated lakes as well, including: Lake Tuscawilla; and, Lake Talmo. Water quality data is provided
below in Table CE-T1 from :~e 1990 Florida Water Quality Assessment 305(b) Technical Appendix. by Joe Hand
et al, Florida Department of Environmental Regulation (FDER). The waters of Soldier's Creek, Gee Creek and
Lake Jesup lU'e classified as Class III recreational waters by the FDER.
Gee Creek, Howell Creek and Soldier Creek are all major tnbutaries to Lake Jesup. The data indicate
that water quality for creeJ:s and Lake Jesup in Wmter Springs is fair to poor. Historically, wastewater
treatment plant effluent was discharged into Lake Howell until 1983 (outside City limits), which drains into Lake
Jesup. Nutrient concentratic)ns are extremely high, higher than those found in 90 percent of all Florida lakes.
As a result, Lake Jesup is vc:ry eutrophic with an almost constant algal blooms and yearly fIsh kills. Although
wastewater no longer empties' into the system, recovery is likely to be slow due to very low flushing rates. The
lake bottom is covered with muck from three to ten feet in most locations. In February 1991, the FDER
prepared the: Clean Lakes PI,oposal for Lake Jesuo. Florida to EPA to obtain funds for cleanup. This pr~posal
includes water quality monitoring, assessment of cultural impacts, development of a nutrient and water budget,
and recommendation for a course of action. Using computer analysis, alternatives shall be considered including:
drawdown of the lake; dredging the sediments and/or put in a treatment wetland like that in Lake Apopka, land _
use restrictions, and land acquisition.
The City can assist Cc:deral and state agencies. in cleanup efforts by supporting plans such as the S-tate's
proposed plans to reclaim LaJke Jesup and the County's acquisition of Spring Hammock. The City should assist
by providing information needed for social, economic or other studies, requiring that all new development that
drains into the Lake Jesup 'iVatershed adequately treat stormwater, ensuring that clearing of vegetation of
wetlands adjacent to the l()()..'year floOd plain, and alteration of surface waters and wetlands are regulated in
Wmter Springs. The City am also ensure that future land uses are developed to be compatible with lake
management goals, by designating flood plains. and wetlands areas as conservation, and developing land
development regulations that require development to mitigate negative impacts on lake water quality.
--, Gee Creek's fair, watc~r quality,is also due to -historical wastewater"effiuentdischarge from-the 'City of---
Casselberry, which no longer IXCurS. Water quality has improved recently in this area, although cattle grazing
continues to be a factor outsicle the City of Winter Springs. Soldier's Creek's water quality was not completed
in the report, but this area has suffered from wastewater effluent discharge and cattle grazing activities in the
past. Howell Creek's fair water quality is also due to historical wastewater discharge from Winter Park
CE2
y
EXHIBIT A-I
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434 .
WINTER SPRINGS. FLORIDA 32708-2799 ~ ~ "~.,.....,,... . .', J_"
Telephone (407) 327-1800 'tCV::.:"\..:' '.. "," ....:: '\'
".t.J ,:J . t...'
.'
MEl\IORANDUM ~.' r
MAY 2 71998
TO:
Comrmmity Development Director,
CillLl"les C. Carrington. AICP
City Enginee~, CM b
Mark L. Jenkins, P.E. (
Malr 26, 1998
CITY OF WINTER SPRINGS
Community DevelopmeAt
FROM:
DATE:
SUBJECT: R~:ponses to comments by Commissioner Martinez on City Code
See. ~2:
Par.(?) At present, we have no way of "ensuring" potential buyers that the lot they are plarming
on buying is or is not in a FEMA flood zone. Builders or sellers mayor may not provide the proposed
buyer with this information. Wormed buyers, those who invesfi",oate before they buy, do come by the
Engineering Division alIld flood zone information is provided prior to the purchase of a home or lot
See. 8-3:
Par. (3, 1/ &;) Any proposed development in a flood plain would corne to the City as part of a
proposed development plan. Creeks and lakes are also considered "waters of the State" and any proposed
alteration ofthern would also fall under the jurisdiction of the St. Johns River Water Management District
(sJRw'MD) al1d theTJt:parirnent of EfivitOnn'ltlicai hi:"it:.:~uifl~i?), Trte Federalgovehuucl1t ~o has
jurisdiction over wetlands areas and this is hancfied through the U.S. Anny Corps ofEngineers (ACOE).
In the development review process, the City requires that all jurisdictional flood plain and wetland
boundaries be shown on the plans. The City is a participent in the National Flood Insurance Program
(NFIP) and follows, or exceeds, their requirements in all floodplain issues. Any proposed alteration of a
flood plain is required to provide "compensating storage", which is a volume equal to or greater than the
encroachment volume, adjacent to the location of proposed encroachment This results in no net decrease
in flood plain storage. "Compensating storage" is required by Sec. 9-241 of the Land Development Code.
(LDC). The Engineering Division has been requiring developers to initiate the FEMA Letter-Of-Map-
Revision (LOMR) process for structures that will be built on fill placed in the flood plain. Any plarmed
floodplain encroachment would not be allowed to act as a "flood barrier" or "divert floodwaters".
"Dredging and filling" in the vicinity of any creek or lake is regulated by permit through the
ACOE, DEP(State) and SJRWMD. There are heavy tines for violation of these regulations. When the City
performs maintenance dredging activities, as a part of our Stormwater Master Plan, we have to get a permit
from these agencies fin;t
See. 8-6:
Comment ackrlOwledged.
See. 8-7:
Par.(2} Comment acknowledged.
EXHIBIT A-I
ill emorandzun
to: C. Carrington - fl'om: M. Jenkins
re: Martinez comments
May 26, 1998-page 2
See. ~31:
The City Martager has delegated "the responsibilities for the individual tasks..." to the City
Engineer. The City Manager is given this option by this section (8-31).
See 8-32:
Par. (1 a, 1 b, 4, 4a, & 5a) The City Engineer (delegated Flood Damage Control Administrator)
reviews all site plans, rl~dential and corrrrnercial, submitted to the City for compliance with Chapter 8
(Flood Damage PreveIi.tion) and Chapter 9 (Land Development Code). Alljurisdictional permits are
required to be received by the City prior to any construction. The City does not have a "Development
Permit" per se, but no 4:onstruction is pennitted until a Preconstruction meeting is held at City Hall. The
Preconstruction meeting is attended by the developer, engineer-of-record, site contractor, City Engineer,
Engineering Construction Inspector, Utility Department, Public Works Department. power company
representative, telephone company representative, and any other party that may be involved with
construction. The "Engineering Department Requirements for Construction" (ATTACHED) document is
given to all present. Any specific details are discussed and an attendance record is kept All jurisdictional
permits must have beerl received by this time or no construction permission is granted.
A FEMA (Flood) Elevation Certificate, signed & sealed by a registered surveyor, is submitted to
the Building Division and forwarded to the Engineering Division for record keeping for any house that is
constructed inside the FEMA 100-year flood zone. This is also a NFIP requirement. In the vast majority of
cases, the City receives the Elevation Certificate within 21 days of establishing the lowest floor. Sec. 9-241,
of the LDC, requires thl: lowest floor be at least 1.5 feet above the FEMA Base Flood Elevation (IOO-year
flood elevation).
The City has n:>t had an "alteration or relocation of a water course". Permission for such action
would first have to come from the State and Federal Government "'The Reserve at Tuscawilla Phase IA"is
not considered an alteration of a water course. Based on newer, more complete data, it is a rea1igrunent of
tlle J?EWlA r:1uvuwu.y ~:'''' ~Ull(V i.;lldJ~e is made to tht; c,cek.
See. 8-33:
Par. (al) All developments, with land in the 1 DO-year flood zone, are presently reviewed by staff
for compliance with Chapter 9, the Land Development Code, as well as Chapter 8. Construction is not
permitted if the proposed development is not in compliance with Chapter 8 and 9 of City Code. The City
has not had an "alteration or relocation of a water course".
See. ~34:
Par. (hI & 4) Comments acknowledged.
See. ~51:
Par. (J a) The City does not permit structures to be built in the FEMA IOO-year flood zone, below
the Base Flood Elevation. (IOO-year flood elevation).
See. ~52:
Par. (1) Section 9-241, of the Land Development Code, requires the lowest floor to be at least 1.5
feet above the Base Flood Elevation (1 aO-year flood elevation). That exceeds this section.
See. 8-54:
Par. (J) There:is only one stream area in the City that does not have a published FEMA Base
Flood Elevation (BFE). That area is Little Lake Howell Creek, from Little Lake Howell up to just north of
Venture Court in Oak Fo:rest. The City has adopted a Stormwater Master Plan, October 1993, that has 100-
EXHIBIT A-I
Jlfemorandum
to: C. Carrington - fi'om: M Jenkins
re: Martinez comments
May26, 1998-page.1
year stonn water elevations that were calculated from a computer model by Conklin, Porter and Holmes.
FEMA allows "best available data" in the absence of published BFE's. In the case of development, we
would use the lOO-year stonn elevation, from the Stonnwater Master Plan. to calculate the required amount
of "compensating storage" required for a flood plain encroachment The absence of a published floodway
would not be an impOItant issue where we had a usable BFE to reference.
Trying to enforce Sec. 8-54 par. (1), exactly as worded, would present some legal problems for the
City. It is not perfonnllIlce based and deals with preventing someone from developing a portion ofhis or
her land. It could be construed as a "taking" is some cases.
See. 9-46:
Par. (a) The Land Development Coordinator, Donald LeBlanc, has provided an answer to this.
Par. (b.2.u) U.S. Coast and Geodetic Datum (aka National Geodetic Vertical Datum - NGVO) is
analogous with Mean Sea Level (MSL). All elevation data submitted to the City, for any construction or
reference purpose, is re:quired to be in this format. This is the same reference used by FEMA.
See. 9-49
Comments adnowledged.
See. 9-72:
Par. (4) Comment acknowledged.
See. 9-101:
Par. (c) The Land Development Coordinator, Donald LeBlanc, has provided an answer to this,
Most developers try to save natural features because they know it sells better.
~t:c. ;-179: - . .._~ -, --.c'_ -
Par, (el, c2, dl & d2) All the provisions of this section are adhered to as close as possible by the
City staff They make sllre all improvements meet the approved engineering plans and City Code before
they give approval and it is forwarded to the City Commission. All departments make a site inspection as
well as review "as-built" plans for strict compliance with City Code and all other applicable construction
codes. Staff cannot "".flssure the buyer-owners that a development in question is safe and sound", other
than a reasonable assurance of compliance with all applicable codes and construction practices just
mentioned. Sec. 9-179 par.(b) states in part; 'The City assumes no responsibility or commitment
guaranteeing acceptance of the work, or for subsequent failures, by virtue of these stage inspections." If
staff finds work does not meet all applicable codes and standards, staff will require a correction before
forwarding it to the City Commission for approval. The City does not Wlderwrite the perfonnance of any
part of a development. That responsibility lies with the developer and the engineer-of-record.
See. 9-241:
Par. {f & h} Comments acknowledged.
Previous comments, from Commissioner Martinez' January 1998 memo, were answered in my memo to
you dated May 8,1998, (ATTACHED).
AITACHMENTS
EXHIBIT A-I
~
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
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MAY 2 71998
May 8, 1998
TO:
Community Development Director,
Charle~ C. Carrington, AICP
city E:ngineer, /l/vte/
Mark L. Jenkins, P.E. ~
Memo F~om Commissioner Martinez, January 1998, Regarding
the City Code as it Relates to Floodplains, Floodways,
Wetlands and Development in These Areas.
CITY GF \!J!'HEA SPRINGS
Com".unlty DevelopmeAt
FROM:
SUBJECT:
I would like to say that I share Commissioner Martinez's
concern for the quality of life for residents, as it relates to the
subject matters. Having lived in this general area since 1953, I
have seen a lot of development. I moved here before any
infrastructure existed in Deltona.
I offer the following comments regarding the subject matters:
1. "Fillinq in Wetlands'. - The State, via the st. John's River
Water Management District (SJRWMD); the Federal Government,
via the Army Corps of Engineers (ACOE); and our Comprehensive
Plan regulat.e encroachment into wetlands. They do allow
mitigation, for wetlands destroyed by certain types of
development. What we must do is make sure any mitigation for
wetlands destroye.<Lwithin. .tl1~,G.;U.y'..._is .m;J"j0~ted iOoc:;id'E?_ the
City with' no ".u.et "loss'" and"close" to the encroachment, if
possible. It would not help to lose a wetland within the City
and see a mi tigation somewhere el se in the County. We can
tighten-up the requirements for wetland encroachment, in the
Comprehensive Plan and in Chapter 9 of the ,City C'ode. Note:
The term "r.,etl and" is not synonymous wi th the term
"floodplain". Although a wetland can occur in a floodplain,
it is not the rule.
2. '.Development in Floodplains" - The Federal Government and the
state recogni~:e the City's role as ultimate decision maker in
wha t is permi t.ted in f 1 oodp I ains . Throughout the Nation, and
in the State, development in floodplains has been permitted,
albeit with conditions. Development in the floodplain is not
so much a problem as long as there is no volumetric reduction
in flood storage, no impediment to flow and structures are
above the Base: Flood Elevation (BFE). The Federal Emergency
Management Agency (FEMA) s ta tes 30 percent of thei r flood loss
claims are outside 0 f the 100 -year flood zone. To to ta 11 y
prohibit development within the floodplain would embroil the
City in expensive litigation by land owners as courts would
most likely consider it a "taking" of developable land.
EXHIBIT A-I
Memo to Charles C. Carrington, AICP
May 8, 1998
page 2
3. "Development in Floodwavs" The "floodway" is the flow
channel within the floodplain that carries the Base Flood.
The floodway has flowing water and the rest of the floodplain
is generally an area of inundation, or rising water in lieu of
flowing water. The City could totally prohibit development in
the floodway and easily defend almost any legal challenge to
that prohibition. A total prohibition is reflected in the
Model Floodplain Ordinance draft submitted April 20, 1998.
In April 1994, I was the staff person who requested the
developer remove the original 8 lots from the floodway in the
Preliminary gngineering of "The Reserve at Tuscawilla". They
were removed from the approved Preliminary Engineering, but
not wi thout a batt I e wi th the engineer and the developer.
Since that time, I have made every attempt possible to prevent
development in the floodway and will continue to do so, within
the limits of city Code and acceptable engineering.
I woul d I ike to say, in closing / that I share all the
Commissioner's concerns regarding flooding / and the general heal th,
safety and wel fare of the residents. I have performed an
engineering review of every site plan that has been submitted to
the Ci ty since Marc:h 1990. This incl udes residential/commercial,
schools, churches, parks, and any other site plan. During this
t,i.me. ..1 have Dt:116I:" ~.l..~/w.i.L..y-l"l },H:::.l.mi,i.. ted--~nythi"<-H;" th,~ t ,was"pr'ohibi t-sd
by City Code.
Several years ago, I initiated the requirement for lot corner
elevations, with a certain minimum lot-line slope, to be placed on
the approved Final Engineering plans. In addition, I initiated
(through the Building Official) the requirement for the builder to
submit final lot grading information to my office, and for it to
agree with the approved plans, prior to the issuance of a
Certificate-of-Occu:l?ancy by the Building Official.
Whenever I receive a Conceptual Plan or Preliminary
Engineering submittal, I make every attempt to notify the developer
and engineer of any conflicts, or potential conflicts, with City
Code as soon as possibl e. I look forward to any and all
opportunities to assist the City Commission, the City Manager and
other staff, in proposed changes to City Code to increase and/or
maintain a high quality of life for the residents of the City.
If you have any questions, please let me know.
,-
Exhibit A-I
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MAY 2 7 1998
ENGINEERING DEPARTMENT
REQUIREMENTS FOR CONSTRUCTION
CITY OF ~INTER SPRINGS
CommunIty Developm...t
1. SJRWMD Permit and Site Clearinq: There will be no clearing or
grubbing unti I the Ci ty Engineer has a copy of the SJRWMD
permit in hand for the stormwater system. Staking of right-
of-way i~ permitted.
2. Arbor Permits: ~ You will need an arbor permit from the Public
Works Department for tree removal. Phone number 327-266.9.
3. Test Reports: The developer or engineer-of-record (EOR) will
write a letter to the testing company being used for the job
stating that thE~ Ci tv of l-1inter Sprinqs Enaineerinq Department
is to be added to the "cc" list of all sianed and sealed
reports and those reports sent as soon as they are qenerated.
,A copy of this letter is to be FAXed to the City Engineer at
327-6912 within one week of the PreCon meeting.
4. Failinq tests: will need a retest report and the retest.must
be labeled as a "retest of test it xx". .
s. . Inspections: The following phases need inspection by the
City's Engineering Construction Inspector WITH a contractor's
,representative. A minimum of 24 hours notice is'required on
all inspections.
a.
b.
c.
d.
During and after roadway subbase placement.
Roughing-in ponds.
After roadway base placement.
BEFORE placement of asphalt.
During instclllationof storm drainage system.
During ~lacement of curbs and inlets.
During pI ac:emel1t of roadway and pond underdrains.
Underdrains will be flow checked.
During placement of sidewalks.
e.
t;'
g'
h.
6. "As-Built" Insoec'tions: Before an "as-built" inspection can
be scheduled of t:he completed site, the City Engineer must
have received and reviewed signed, sealed & dated' "as-built"
engineering plans from the EOR (a complete set), a letter of
certification frorn the EOR and payment of a $300 inspection
fee.
7.: .., "As-Built" Enqinel~rinq Plans: The last set of "as-built"
plans in a phased development must show all phases.
8. Water Valves: Must not be placed in streets or in curbing.
- . . '.
':~:_~;~~ -~:: ~~:~~~'.': .
- ,
EXHIBIT 'A-:'l ,-
9. Field Chanqes to Enqineerinq Plans. Please be advised,
ANY field changes from the City Approved engineering plans
that are found to be necessary by the contractor or EOR will
need to be approved by the City Engineer BEFORE they are done.
The procedure is as follows:
a. The contractor notifies the EOR of the change he wants to
pe~form before doing so. Then;
b. The EOR approves or disapproves his request before
it is performed. No work performed yet. Then;
c. If the EOR wishes to approve the contractor's
request, he/she MUST notify the City Engineer in
writing and by telephone of what the change is and
why. TheIl;
d. The City Engineer will notify the EOR by telephone
and in writing of the answer. Then;
e.' The EOR can noti fy the contractor and he" can
proceed with the change or not proceed, depending.
on the City Engine~r's approval. Then;
f. ALL changes must appear on the "as-built" plans.
Note: The above prqcedure is not an'option, IT"MUST ~E,
FOLLOWED. Not follo,~ing' the above procedure m,ay subje'c~ the
project to unnec:essary delays and increased expense. You may
be required to remove items that have not been approved per
the above process.
10. Roadway Underdrains: CI ean-outs must be stubbed up 4 feet
above grade and a temporary cap placed on top. They will be
cut to grade during final grading and a square concrete collar
placed around the top. A screw-type cap (inverted hex) will
be placed.
11.
Storm Inlets: A piece of underdrain pipe with sock will be
placed in front of the inlets to keep out soil and debris.
The contractor and/ or developer wi 11 be responsibl e for
keeping this clean.
The following WE!re given copies' of these requirements on
a:nd agree to contact the Ci ty Engineer at 327-
8397 if there are questions or disagreements:
rev.8-22-95
"
.. ~
EXHIBIT A-2
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May 26, 1998
MAY 2 6 1998
CITY OF Wii.J l ch ~I)RINGS
Community Development
To:
Charles Carrington, Community Development Director
Don LeBlanc, Land Development coordinato.6?
From:
Re:
Martinez and :Miller Comments
I have reviewed the comments put forth by both Commissioners Martinez and Miller and offer the
below listed comments:
SECTION 9-46(a) - The City Staff has always encouraged a preapplication meeting and the
developers have taken advantage of this procedure. The entire Staff meets with the developer and
his engineer. The Staff further recommends that the developer present to the Planning and
Zoning Board and to the Commission a conceptual plan of their proposed development.
Approximately 60% of l:he developers choose this option. Some consider it to be another
bureaucratic nightmare.
Once the plans are subrr~tted '(preliminary or final), the Staff holds a preliminary meeting with the
developer approximately 2 weeks after plan submission. After that meeting, the developer can
meet with individual Staff members to discuss ongoing problems.
This procedure is followed for both residential and commercial activity.
Formal ti1anS are not submitted to the Planning and Zoning Board until such time that code
requirements are met.
SECTION 9-46(b )(2) - The comments here are best answered by the City Engineer.
SECTION 9-49 - This sc~ction speaks for itself and is a valid section.
SECTION 9-72(4) - Thi:) section speaks for itself and is a valid section.
SECTION 9-101(c) - The Staff makes every attempt to adhere to this section. The arbor
ordinance has been followed and the Staff has visually surveyed the property to save as many
speciment trees as possible. A new Arbor Ordinance is being formulated.
EXHIBIT A-2
:~
May 26, 1998
Carrington (Martinez/Miller)
Page 2
SECTION 9-179 - This, to the best of my knowledge, is being adhered to. Prior to the City
accepting any improvements, a final inspection is made by the City Engineer, Public W orkslUtility
Department, Fire Department and the Police Department. Only after their approval is it submitted
to the City Commission.
SECTION 9-241(f)(h) - The comments here are best addressed by the City Engineer.
The gist of the Martinez/Miller comments was flooding, encroachment into the wetlands,
floodways, etc.
The City, to the best of my knowledge, has adopted the guidelines of the SJR WMD as it relates to
stormwater management. And, SJR WMD allows mitigation of wetlands on a case by case basis.
At times they have allowed a small, isolated wetlands to be removed without mitigation.
LEGAL QUESTION: Can the City prohibit disturbance of wetlands if the State allows it. And,
if the City does prohibit disturbance, are we liable for taking without due compensation?
EXHIBIT A-3
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 3Z7.1800
Community Development
MEMORANDUM
TO:
Charles Carrington AICP,
Commu::li ty Development Director
FROM:
Thomas Grimms, AICt?r-1'-'~
Compn~hensi ve Planning/Z,9l'!fng Coordinator
DATE:
May 26, 1998
RE:
Review of Commissioner Martinez' Memo to City Manager
The Commissioner's memo revolves around concerns for flooding,
wetlands and development in such areas and impacts of development
on such areas.
Most recently, a. proposed Evaluation and Appraisal Report EAR) has
been completed by Berryman & Henigar for the City's Comprehensive
PlaD. Thp report revipw~ r0nditinn~ of the various elements of the
plan at the tin.e of preparation of the EAR. A review of the
Drainage Sub-Ele:ment is attached. Certain drainage improvements
were identified in the built portions of the City. Proposed
improvements were indicated in a S-Year capital improvement
program.
With respect to the section relating to the Comprehensive Plan, I
note the following:
COMMISSIONER'S ro~FERENCE
~
II..\'
( \1
"1
IlJ
to Objective C under Goal 1 of the Future Land Use Element.
COMMISSIONER'S COMMENT:
One such area is located to
between Edgemon and Moss
redevelopment but still the
thumb.
the north and south sides of S.R. 434
Road. S.R. 434 is scheduled for
blighted area stands out like a sore
EXHIBIT A-3
STAFF RESPONSE:
This statement represents the view of the previous City staff,
Local Planning Agency and Commission as proposed and adopted on
April 27, 1992. Present staff and Local Planning Agency and
Commission have taken a different view - that the area is blighted
and needs redevelopment. Ci ty staff has requested the Commission
to support (Resolution 846) an application to the to the Orlando
Urban Area ME!tropoli tan Planning Organization (MPO, a. k. a.
MetroPlan) to receive funds to enhance the Redevelopment Area of
the S.R. 434 Corridor. The City staff would be working closely
with the Florida Department of Transportation (FDOT) and the MPO to
improve the appE~arance through pulling down overhead wires, green
center medians, landscaping, installing overhang pole traffic
signals, decorative them street lighting, pavers at intersections,
etc. The City commission passed Ordinance 683 to institute the
Redevelopment Area Overlay Zoning District Regulations (a.k.a.
Design Guidelines) on November 10, 1997. There has been discussion
at staff level about the possibility of creating a Community
Redevelopment A~rency (CRA) for the area between U. s. 17/92 and
Hayes Road.
COMMISSIONER'S ro~FERENCE:
Policy 3 under Obj ecti ve A of Goal 2 of the Future Land Use
Element.
COMMISSIONER'S COMMENT:
Recently, Commissioner Gennell asked the question about buffers in
the wet.Lands and was inforrneCi that there was no set requirement.
STAFF RESPONSE:
There is indeed a buffer requirement around wetlands. Commissioner
Martinez correctly points these out in his memo. Policy 3a on page
12 states in part that
The minimum vegetative buffer requirement shall be twenty-five
(25) upland from the wetland area. A larger buffer shall be
required on a site-by-site basis when required to protect the
resources.
Policy 3d states in part:
Require vegE~tati ve buffers around all lakes
protect water quality of these water bodies.
upland lake buffer shall be fifty (50) feet.
in order to
The minimum
EXHIBIT A-3
With respect to Policy 3.b. and 3.f., Developers have been required
by the Development Review Committee (DRC) to accurately identify
wetlands on the site plan or preliminary plan.
Wi th respect to Policy 3. c., the Development Review Committee and
the Planning and Zoning Board have recommended in the past that
environmentally sensitive areas be covered by an environmental
easement.
Wi th respect to Policy 3. d. the DRC has required, for the few
developments that were proposed around lakes, vegetative buffers of
fifty (50) feet.
With respect to Policy 3.g.III. The DRC reviewed st. Johns Landing
in terms of prE~venting direct discharge of stormwater into Lake
Jesup per SJRWMD regulations.
COMMISSIONER'S ADDITIONAL COMMENT:
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.
STAFF RESPONSE:
This statement is part of Policy 3. g. As far as I am aware the
DRC, the Planning & Zoning Board have advocated the practice of
this statement.
COMMISSIONER'S REFERENCES:
The policy statements indicated at the bottom of page 5 and on
page 6 are statements as they appear in the various elements of the
Comprehens~ve Plan.
STAFF RESPONSE:
To the best of my knowledge, the staff at the DRC adheres to the
statements and advises same to the Planning & Zoning Board and City
Commission. Sometimes a Development Agreement may make specific
arrangements relative to certain policies in the Comprehensive
Plan.
EXHIBIT A-3
CONDITIONS AT TIME OF EAR
/. DRAINAGE SUB-.ELEMENT
A master stormwater plan was completed in 1993. This three-volume study identified
deficiencies in the policies and regulations governing stonnwater management. projeded
future stormwater facili~f needs, developed a capital improvement program, and analyzed
funding alternatives forstonnwater management The report discussed site-spedf.c drainage
basin parameters and presented the results of hydrological and hydraulic analysis. Capacity of
existing stormwater facilities were noted, as were needs and probable costs of improvements.
The following sections present summaries of material included in the master stonnwater plan.
The City of Winter Springs lies in three primary drainage basins; Soldiers Creek, Gee Creek
and Howell Creek. The master stonnwater study addressed these six secondary drainage
systems, which are tributary to the primary basins. These were identified as:
I. Soldiers Creek B:3sin, Secondary Basin System I (Lake Audubon/Highlands Creek)
II. Gee Creek Basin, Secondary Basin System II (No Name Creek)
III. Gee Creek Basin I Secondary Basin System III (Uttle Lake Howell Creek)
IV. Howell Creek Ba::iin, Secondary Basin System IV (Tuskawilla Golf Course/Undeveloped
Lands)
V. Howell Creek Basin, Secondary Basin System V (Tuskawil/a Unit 14)
VI. Howell Creek Basin, Secondary Basin System VI (Tuskawilla Units 11 Band 12A)
Necessary drainage impmvements were identified throughout the developed areas of the City.
A one-year capital improvement program was included to provide limited in Secondary Basins
I, II, and Vi. A five-year capital improvement program was proposed to provide the following
improvements:
...._-~:... ..:...:..><-....
Exhibit 2.1.1 Five Year Capital Improvement Program, Stonnwater
, ,
1 Howell Branch (VI) Tuskawilla Units 11B & Replace discharge pipes with 30" 11,200
12A; FPC Easement and 42" RCP's
2 Lake Audubon/ Winter Springs Golf Install pennanent concrete weir to 7,500
Highlands Creek (I) Club/Lake Audubon maintain lake level
Outfall
3 Lake Audubon! Shepard Road Bridge Dredge sediments 5,200
Highlands Creek (I)
4 No-Name Creek (II) N. Orlando Ranch Acquire easements 9,000
~1l53_~'ERSPRI'OGSENl.DOC DRAFT
Feb. 25, 1998
11-12
EXHIBIT A-3
CONDITIONS AT TIME OF EAR
Depression sites
5 No Name Creek (II) N. Orlando Ranch Acquire easements 39,000
Drainage system
6 Little Lake Howell (III) Winter Springs Blvd. Replace culverts and headwalls 126.500
7 No Name Creek (II) N. Orlando Ranch Add swales and culverts to cross 35,755
Depression sites 1,2,3 roadways
8 Little Lake Howell (III) Chokecherry Drive Add 36" x 60" RCP culvert 28,125
9 Howell Branch Creel< Tuskawills 11 B & 12A; Enlarge pond and add concrete 68,800
(VI) FPC easement weir
10 Little Lake Howell (III) Oak Forest 5, Ponds Construct concrete spillways 9,000
A&B; Oak Forest 6
Ponds 1,2,3, & 4
11 No Name Creek (II) N. Orlando Ranch Construct culverts at Stoner, 49,450
Bahama, and Panama Roads and
FPC easement.
2 Gee Creek Moss Road Bridge Add ponds upstream, reset box 383,500
culverts and regrade '
13 No Name Creek (II) Shore Road Replace culvert with double 3' x 6' 89,188
box
14 Howell Branch (VI) Tuskawilla 11B & 12A; Install 6- underdrain and remove 9,750
~~l.C'" . ' ...;, I-I !~'8aserrient ,. -outfe!!1 .. --:-. . -
. .. - -.-... ---- ~ -~---_..-- -
15 Lake Audubon! W.S. Golf Club storage Pipe drainage to Island Lake 8,850
Highlands Creek (I) ponds
16 Howell Branch (IV) Tuskawilla golf course Acquire additional easements; 889,800
install 6' culvert under Greenbriar
Lane
17 Lake Audubon! Shepard Road Bridge Sediment basin downstream; grade 289,408
Highlands Creek (I) channel
18 Soldier Creek Highlands Section I Install underdrains 45,000
19 Little lake Howell (III) lake Tony outfall canal Replace culvert with 24" RCP 4,025
20 No Name Creek (II) N. Orlando 2 & 2A Regrade roadside swales 98,125
W:IPIlO.IECT'FOIl53_~ERSPRINGS EAA.OOC DRAFT
11-13 Feb. 25, 1998
EXHIBIT A-4.' 3
CONDlTlONS AT TlME OF EAR
FPL easement (north
line)
Total cost of drainage improvements
$2,087,67
8
Source: Master Drainage Pfan, Conklin, Porter Holmes, pages vi - ix.
Additional improvements were designated as "heavy maintenance improvements-, proposed
for accomplishment over a 10-year maintenance schedule. These improvements call for
restoration of creek channel capacities by removal of trash, debris, sediments or vegetation.
Exhibit 2.1.2 Ten YE!ar Heavy Maintenance Improvement Program, Stonnwater
1 little Lake Howard Approx. 4600 feet, beginning at the southern FPC $41,890
Creek (III) power easement in Oak Forest and continuing to
little Lake Howell
2 Gee Creek Approx. 11,800 feet, beginning at the power $95,500
easement north of Alton Road and continuing to
west City limits
3 Gee Creek . $10,250
Bridges at Shore Road, Hayes Road, Costa Rica
Drive, Moss Road, Edgemon Avenue, and Murphy
Road
4 Gee Creek Approx. 1800 feet in N. Orlando Ranchlands, $22,688
beginning east of Moss Road and continuing to
~ - P~nr'!ma Road -.:..::::---:-- . ~ -'-=--
~ -_. - - _::.. .:- . .- .
t= No-Name Creek (II) FPL easement culverts $2,000
v
6 No-Name Creek (II) Alton Road culvert $3,000
Total $175.328
Source: Master Drainage Plant. Conklin. Porter Holmes, page x.
Additional minor improvemEmts were identified as needed on an ongoing basis. Additional
engineering and financial fE!asibility studies were identified as necessary, as well as NPDES
(pollution discharge analysis) studies were indicated to support major improvements.
11-14
DRAFT
Feb. 25, 1998
~_~~INClSI!AR.OOC
EXHIBIT A-3
CONDITlONS AT TIME OF EAR
Exhibit 2.1.3 Stormwater Drainage Basin Deficiencies Identified for Further Study
Bear Creek M
Tuskawilla Unit 14A
Uttle Lake Howell
Creek (III)
Sl3minole Pines
Gee Creek
Hacienda Village
Howell Creek/Bear
Gulley Creek
Tuskawilla Unit 14A; pond west of
Seneca Blvd.
No-Name Creek (II) N. Orlando sections 9 & 10
Gee Creek
N. Orla,ndo Ranchlands, ditch
ea$t of Moss Road and north of
Panama Road.
Lake Audubonl
Highlands Creek (I)
Pond downstream of Shopard
Ro<!d bridge.
Groundwater inflow to pond
needs to be diverted. Monitoring
and geotechnical investigation
needed.
Outfall structure is improperly
operating. Check elevation of
pond and outfall grate.
Potential for residential flooding in
stonns greater than 25-year
event
Pond does not provide
appreciable storage volume.
Need to compensate for lost
volume.
Potential for residential flooding in
stonns greater than 1o-year
event
Check to detennine if adequate
capacity exists.
Check function of pond; assess
treatment and capacity.
-No',l"ame Cresk(Ii)" N. tJrland('_~.er.!i.0.QC:_? /t_?4,_ _ _-= L.Jt::it::ii..!.!I:I~nifJiUv.I:mu~nt - :-__
alternatives, induding dosed
collection system.
Source: Master Drainage Plan, Conklin, Porter Holmes, pages xiii and xiv
Annual budgeting for stonnwater management was estimated to be $592,300 for the near
tenn. This included an allol:ation of $135,050 per year for master plan improvements and
$250,000 per year for opemtion and maintenance. Estimated revenues based on the then-
current utility rate was $250.800 per year. Alternatives for additional revenue included
increases in the stormwater utility rate of $2.04 per equivalent residential unit. bonding, or
interlocal agreements to enl1ance payments from outside. Stonnwater management fees
collected for 1996 totaled $429,893.
Recommendations of the M:aster Drainage Plan included establishment of an enhanced
operation and maintenance program for the existing system, improved cost accounting and
record keeping, improved b.!se mapping and database management Additional study was
~~ll$S_WWTl!RSPG$EAA\WlNTEIISI'R1NGS I!AA.DOC
11-15
DRAFT
Feb. 25, 1998
EXHIBIT A-3
CONDITIONS AT TIME OF EAR
recommended in land and drainage easement acquisition, improved capital improvement
planning, detailed study of additional collection systems upstream and downstream of primary
and secondary systems, and financial feasibility and rate studies.
J. NA rURAL GROUNDWA TER AQUIFER RECHARGE SUB-ELEMENT
Aquifer recharge is monitored by the St John's River Water Management District (SJRWMD).
In 1994 the SJRWMD pllblished Water Supply Needs and Sources Assessment to identify
areas in which water resources have become critical or are projected to become critical during
the next 20 years. The needs and sources assessment was intended to be revised every 5
years. Four primary resclurce factors were considered: impacts to natural systems, impacts to
ground water systems, impacts to legal users, and failure to identify an adequate supply
source. Water uses for public supply were projected through the year 2010. Areas of critical
water resource Iimitatiomi were identified in Seminole County as a result of projected increases
in demand. There were no critical water resource limitations identified at the present time in
Seminole County.
Water demand for domestic public supply, recreation and agricultural irrigation in Seminole
County was projected to increase from 50.79 mgd in 1990 to 80.71 mgd in 2010, an increase
of 59%. Demand on the City of Winter Springs system was projected to increase from 3.6
mgd to 5.8 mgd during thl~ same period, and increase of 61%.
Groundwater was evaluatled in the surficial aquifer, intermediate aquifer and Floridan aquifer.
Water quality in the surficial aquifer was generally considered good, except for excessive iron
concentrations. Water qu.ality in the intennediate aquifer system was also considered
generally good. Water quality in the Floridan aquifer varies depending on the location. In the
southern and eastern portions of the SJRWMD Oncluding parts of Seminole County), chloride
concentrations generally exceed the secondary drinking water standards. The Floridan aquifer
is the primary source of public water supply in Seminole County.
Aquifer df'al.vd~'...(~-c..::.'~~c~;:'~~::::=t~d ~~!l1g projeCtea gfowth in demand. Aquifer drawuowns.
were predicted to reduce the potentiometric surface in southwestern Seminole County by up to
25 feet The surficial aquifer system in Seminole County was predicted to decline by over 2.5
feet in western areas.
Saltwater intrusion was detennined to be a principal impact of increased drawdowns. Water
resource problems related 1:0 saltwater intrusion were considered to be critical in areas where
chloride concentrations in the water in the Floridan aquifer result in an inadequate thickness of
water with quality suitable tCI supply existing or projected uses, where declines in the
potentiometric surface contlibute to this condition, or where projected groundwater withdrawals
contribute to this decline. The level of the 250-mg/L isocholr was identified as the critical
variable. The 250 mg/L concentration is the maximum chloride concentration permitted by the
EPA in public drinking water. Although water with excessive chlorides can be treated to meet
minimum standards, these treatment methods are more expensive. It was not expected that
this critical level would be reached in Seminole County.
11-16
DRAFT
Feb. 25, 1998
w:IPftO.IECTFOUlPS\178Sl_~lSPltNJS l!NI.DOC
EXHIBIT B
Statement under Commission Seat #3:
~
Our Code of Ordinances repeats throughout the following theme: "The City of Winter Springs while
undertaking zoning, p.lanning, and development activities should be first and foremost cognizant of
considering the best interest of the health. s:1fety, and welfare of the citizens of the City".
HOWEVER. WE CONTINUE TO PRETEND THAT THE POSSIBILITY OF FUTURE RISKS DO NOT
EXIST WHEN WE PERMIT DEVELOPERS TO PROCEED wrrn PROJEerS THAT CLEARLy CAN
BE CONSTRUED AS A FUTURISTIC RISK TO LIFE AND PROPERTY.
We continue to allow developers to submit preliminary plans for the ~Iopment of some; not all areas
for which no permit sh4:>u1d be issued.
Our City Code, Chapte:~ 9-46 (a) CLEARLY AND CONCISELY STATES:
..Prt:application approval procedure. It is recommended that any cb-clopcr contemplating subdividing
land in the city consult with city planning, building and engineering officials bdore laying out any such
plan. The above referenced officials shall advise such person in the preparation of any such plan
particularly as regards tile requirements of these regulations"
This clearly infers that ()ur staff is in a position to modify certain applications, rather than allowing a
developer to proceed UI1IlI such time when they have reached the point of no J:Cturn, and we find ourselves
in a no win position if~ve deny such development as it happe,ned right here very recently.
Filling wetlands and cfe..-eloping on flood plain zones will cause future 'Water run-offs to go elsewhere,
since the natural collection zones haY-c been eradicated. Where do we think these waters will go?
(See Sentinel articles tha.t include recent statements by government staff persons after the horse was let out
of the barn)
A recent 5Utement W:lS Illade before this forum and accepted :1S gospel., that run-off waters in the area of
Hcm-cll Creek and the Reserves would be absorbed by the lowcr ground lcv-cls to the nonh of S.R. 434.
However, there \V:LS no mention that this road might be raised while being wid~ned (as was the approach
to the c:lSt towards Tusk:1\\il1a Road) and that the nonh side of the road is part of the Visioning (new
development) program atld will be built on thereby reducing the ability of run-off waters to collect there.
Sec. 9-46
2. Preliminary plan supp:>rting data: (n) Natural features, including lakes, marshes or swamps,
watercourses. and other p:rtincnt features; wooded areas.
(0) Existing contours at one-foot intervals based on U. S. Coast and
Geodetic Datum for the tract to be subdivided and, where practicable C>.."tCnding twenty-five (25) feet
beyond the tract boundazy,
(u) ..................... ...... ,............._................................................
All elevations shall. be ~;ed on U. S. Coast and Geodetic Datum. The applicant shall provide the
location and information of tbe hundred-year flood el~Oltion relam'e to the proposed site., based on
the FEMA (Federal Eme::-gency Management Agency) map' and e!tabllih the wetIand3 boundary by
the appro\o-ed governing ageacl"'i: ___
See. 9-49
--Approval of the preliminary plan by the City Council shall not be
const:rued :1S authority for tle sale of lots in reference to the prelimiDary Plan. NOR:1S authority for
obtaining building permits. NOR for the recording of a plat, NOR for the installation of required
~
The point that I am trying 11:> mal-c is that our staff has the opportunity to review and discuss development
projects with developers. ct., aL and should make every effort not to permit any person to submit plans
after preliminary discussions and presentations that would ultimately come b3ck: to haunt us by translating
a cIenia1 into an oblig:uion on the part of the taxpayers.
Therefor, I am requesting this commission direct the City :Manager to I'e'tiew and prep:rre amendments to
the CU1'Tent Code of Ordinmtces. dated 1989 whereby It would be amde clear to one and all that the City of
Wmter Springs shall not approve development plans for any are:1 within_~~.~hk ~ndaries of the
City which intrude into wetlands and or where an eneor.lchment to the e:ciS~oodplai~ne woullt
take place.
EXHIBIT B
It is my belief after several contact with State and Federal agencies that there is not an agency that would
not support such an action.
I must also add that in all fairness there are many other aieas. in the Code of Ordinances that need to be
brought to date by amc:ndment and/or other means , but truly be,~e that as we cODtiBHc ~dOJ'Hlent
planning, this area needs attention now. .
Thank you and God Bless.
OF illE SENTlPE!. srN'F
S'! CLOUD - Low building
elevations and a faulty drainage
system are what nearly sank parts
of the Blackberry Creek subdivi.
sion, offi<:ials said.
Less than I foot of extra till be-
neath the soggy St. Cloud commu-
nity's homes and streets, as well as
a properly built drainage ditch,
could have prevented recent
floods.
Blackb~ Creek's poor drain.
age resulted in days of pumping
, water out of the 160-home subdivi-
.. S~.r-3 drainage - ditch d.S heavy
rains overwhelmed the develop-
ment's storm drains for the second
tim~. in fOlJ,r years.
.. --.------..... ~. .._.~---- _. .. ....-
DRAINAGE from C-1
potential when it approves per-
mits.
"I'm not sure that our engineers
would have caught anything like
that since that isn't part of their re-
view," City Manager Paul Wetzel
said. "'The overall permitting for
stormwater management is
through the South Florida Water
Management District."
Water management officials de-
fend Blackberry Creek's drainage
plans and deny responsibility for
the community's flooding problem.
"We can't flI1d anything wrong
with the original permit," said Bill
Stimmel, the service center direc.
tor for the water district. "'The
problem here was we had more
than 10 inches of rain within a few
days during a normally dry month.
The system wasn't designed to
handle that kind oC once-in-a-l00-
year event."
Wetzel said that when Blackber-
ry Creek's permit was granted the
city employed five engineers. "But
two of them were for the electric
plant, and the other three usually
dealt with street construction, sew-
er and water lines, sidewalks and
things of that nature."
Although building on a flood
plain is common - as long ~s the
bu~cling elevations are sufficIently
illE 0Rl.AH00 SEHTlNEl
c1raina'geplan.. 'The- citi 'ammts it:" ,-
routinely doesn't consider flooding
Please see DRAINAGE, c-s
---..--....-. . -- ...-...
S/?r.
/ //O/'?.Y'
Developers to blame for flooding
in park, Water Authority contends
FLOOD from D-1
Southwest Florida Water Manage.
ment District In 1968 that the ele..
Cherry Lake In lime to stem nood. valion developers wanted _ 99
Ing. feet above sea level - Wits:; ieei
Waler Authority officia.is said below what was needed to avoid
they opened the dam soon arter nooding. .
the Dec. 11 request but said the Eight years earlier, the report
pnrk's troubles cnn bl! trRced, to 5<1id, nenrby Lnke Minneh:\hn re.
the roots of thl! mobile home de. nched an elevation of 00.01 feel.
velopmenl. SlIIl, water man:lgement officials
!.Robert Taylor, Water Authority npproved the Emerald Lakes con.
exeCutive" tllrector, 'sold the au- struclion at 99 feel.
thorlty Infonned state regulators "You've got ,the tall wagging
~fore Emerald lAkes opened 30 ~the dog then," Taylor sald. "It aU
Years ago that the park was being comes back to they built there. Im-
bUilt on a Oood-prone wetland at properly."
an elevation too'low',tO'be near so' Rogers said the mobile home
many lakes. park raised Its roads 6 Inches
in a report to county commis- about two years ago, and she said
sloners, Thylor JXllnted out that there is a possibility they may
the Water Authority warned the raise them again.
But roads were not the only
problem in south Lake County on .
Friday.
At the Pnlatlakaha Recreation
Arcn overlooking Lake Palatlaka-
h<l, watl.'1' crestE'd over the canal
fendn,; wilh standing water sur-
rOlIn"in/{ "<Irk Pols PloYKround.
'~llrthl'r !;oulh, the rising waters
hove p.lIbbled up priVAte beaches
and docks wilh abandon.
"Our dock is completely under
, water," snid Condy Mertlng,
whose home fronts the southern
shores of Crescent Lake. "Last
summer we had at least 20 feet,
but We don't have any beach now.
I've never seen anything like it."
Correspondent Tl!rl'i Coole
contributed to this report.
tz:l
~
H
b:l
H
~
b:l
-;;;l5 crib G."lfJi~ ~
-rrlVJ?~ I).i> ~
EXHIBIT B-2
C\ ~N~~
...:--- .
~
FROM:
Commi~;sioner Robert S. Miller
11 January 1998
SUBJECT: Memorandum for the Record
TO: Commissioners of Winter Spri~gs
On the morning of 26 December 1997, rainfall reports for the
Orlando area during the preceding 24 hours were, that approxi-
mately 2.2 inches of rain had fallen. Local news that morning
about flooding showed the impact of inadequate planning, poor
codes, and raoid development elsewhere in our state - and in
places where it should not have happened. We, as Commissioners,
owe it to our citizens to provide, not only adequate, not only
the best, but the most superior development standards possible.
To do any less, is to court a disaster as almost occurred here in
Winter Springs, along No Name Creek and Sailfish Road that morn-
ing.
For several hours between midnight on 25 December and noon
-the 26th, -two h:';i1d;~~d Yiij-d:=. of the t:ei.st end of Sai lfish Road was
beneath three feet of flowing water, and rising water threatened
over forty expensive homes. Unable to flow through the new more
restricted flood plain; now designated -Passive Park area, No
Name Creek simply overflowed its banks, and unmindful of existent
codes, ordinaces, contractor/developer assurances, and engineer-
ing studies by the best paid flood analysis experts, found itself
a new channel- flowing westward along Sailfish Road and thence
northwards for two hundred yards along Mockingbird Road.
A visit early that morning to the south-west areas of Winding
Hollow, adjacent to No Name Creek, indicated the homes there too
were standing in a lake, while several roads were impassable.
Luckily for our city the rains that morning stopped around sun-
rise, otherwise the creek would have innundated several hundred
homes. And, had the predicted high winds materialized and knocked
down trees into the creek channel, the flooding could have become
a major disaster.
Our codes were implemented during an earlier era of laissez-
faire, of develop everything in sight, and leave no land unuti-
lized. Winter Springs and the cities around us are now becoming
mature commun i t i e:s in wh i ch we must more exhaust i ve 1 y study the
impact of new co"struct i on on a 1 ready ex i stent commun i ties. Cur-
rently we already have flood prone areas in both the east and
western areas of our city, and we must not accept that such
catastrophe's are inevitable every few years - just because some
rains came.
Consequently, J would like to see the city develop more
evelopment codes along all existent creeks, water-
water courses in our city. I would also like an
s to how events at Sailfish Road came to pass on 26
what~eds to be done about it?
dc~/ .
Robe , '~sisoner
EXHIBIT B-3
LAW OFFICES
FRANK KRUPPENBACHER
A Professional Association
Frank Kruppenbacher*
Robert D. Guthrie
P.O. Box 3471
Orlando, Florida 32802-3471
lOS E. Robinson Street, Suite 201
Orlando, Florida 32801-1622
Telephone (407) 246-0200
Facsimile (407) 426-7767
* Also Admitted in Colorado
MEMORANDUM
TO:
RON MCLEMORE, CITY MANAGER
CITY OF WINTER SPRINGS !
ROBERT GUTIIRIE, CITY ATIORNE~
MAY 29,1998
.I
FROM:
DATE:
SUBJECT: MODEL FLOODPLAIN MANAGEMENT ORDINANCE
/
Attached is a "marked up" version of the referenced ordinance. There are a number of details
to be resolved before we can apply the ordinance to Winter Springs.
This is a model ordinance, and specific state law issues are not always sufficiently dealt with.
In addition, city land development regulations and building code requirments have evolved and are
applied differently in areas such as variences, mobile home placement, expansion of uses /non-
conforming uses, recreation vehicle use and placement, commencment of development/vesting
issues, and others.
I will be glad to work with land development, building partment, enginering, and other
technical staff to apply this ordinance to the City of Winter Springs.
In that process, we need to refine those circumstances that would be a basis for an appeal
(and should the appeal go initially to the City Manager and only, then to the City Commission) and
more strictly define the crtiteria for granting (or denying) a varience.
...'.
I
EXHIBIT B-~.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
May 8, 1998
TO:
I
Community Development Director,
Charles C. Carrington, AICP
City Engineer, ~~~
Mark L. Jenkins, P.E. ~
Memo From Commissioner Martinez, January 1998, Regarding
the City Code as it Relates to Floodplains, Floodways,
Wetlands and Development in These Areas.
FROM:
SUBJECT:
I would like to say that I share Commissioner Martinez's
concern for the quality of life for residents, as it relates to the
subject matters. Having lived in this general area since 1953, I
have seen a lot of development. I moved here before any
infrastructure existed in Deltona.
~v 't,:~~ ''7'offer the following conunents regarding the subject matters:
0~ UVl. "Fillinq in Wetlands" - The State, via the st. John's River
Water Management District (SJRWMD); the Federal Government,
via the Army Corps of Engineers (ACOE); and our Comprehensive
Plan regulate encroachment into wetlands. They do allow
mitigation, for wetlands destroyed by certain types of
development. What we must do is make sure any mitigation for
wetlands destroyed within the City, is mitigated inside the
City with no "net 10ss,II and-"close' to the encroachment, if
possible. It would not help to lose a wetland within the City
and see a mi tigation somewhere el se in the County. We can
tighten-up the requirements for wetland encroachment, in the
Comprehensive Plan and in Chapter 9 of the ,City Code. Note:
The term "wetl and" is not synonymous wi th the term
"floodplain". Although a wetland can occur in a' floodplain,
it is not the rule.
GC.
;./
J, 2.
~v
tj II\, ~
(,.... V
rfi'
"Development in Floodplains" - The Federal Government and the
state recognize the City's role as ultimate decision maker in
what is permitted in floodplains. Throughout the Nation, and
in the State, development in floodplains has been permitted,
albeit with conditions. Development in the floodplain is not
so much a problem as long as there is no volumetric reduction
in flood storage, no impediment to flow and structures are
above the Base Flood Elevation (BFE). The Federal Emergency
Management Agency (FEMA) states 30 percent of their flood loss
claims are outside of the lOO-year flood zone. To totally
prohibit development within the floodplain would embroil the
City in expensive litigation by land owners as courts would
most likely consider it a "taking" of developable land.
EXHIBIT B-3
" .
Memo to Charles C. Carrington, AICP
May 8, 1998
page 2
o
t:;):P 3.
1\"f.{;
(/' O~
(/
"Development in Floodwavs" The "floodway" is the flow
channel within the floodplain that carries the Base Flood.
The floodway has flowing water and the rest of the floodplain
is generally an area of inundation, or rising water in lieu of
flowing water. The City could totally prohibit development in
the floodway and easily defend almost any legal challenge to
that prohibi tion. A total prohibi tion is ref 1 ected in the
Model Floodplain Ordinance draft submitted April 20, 1998.
In Apri I 1994, I was the staff person who requested the
developer remove the original a lots from the floodway in the
Preliminary Engineering of "The Reserve at Tuscawilla". They
were removed from the approved Preliminary Engineering, but
not wi thout a batt 1 e wi th the engineer and the developer.
Since that time, I have made every attempt possible to prevent
development in the floodway and will continue to do so, within
the limits of City Code and acceptable engineering.
I would like to say, in closing, that I share all the
Commissioner's concerns regarding flooding, and the general health,
safety and welfare of the residents. I have performed an
engineering review of every site plan that has been submitted to
the City since March 1990. This includes residential, commercial,
schools, churches, parks, and any other site plan. During this
time. - L.have neverk~owi.ng_!-y p,e,rmi-t,ted- any thing- that was -prohibi ted
by City Code.
Several years ago, I initiated the requirement for lot corner
elevations, with a certain minimum lot-line slope, to be placed on
the approved Final Engineering plans. In addition, I initiated
(through the Building Official) the requirement for the builder to
submit final lot grading information to my office, and for it to
agree with the approved plans, prior to the issuance of a
Certificate-of-Occupancy by the Building Official.
Whenever I receive a Conceptual Plan or Preliminary
Engineering submi t tal, I make every at tempt to noti fy the developer
and engineer of any conflicts, or potential conflicts, with City
Code as soon as possible. I look forward to any and all
opportunities to assist the City Commission, the City Manager and
other staff, in proposed changes to City Code to increase and/or
maintain a high quality of life for the residents of the City.
If you have any questions, please let me know.
-, . 04,..2D-98 02: 48 PM FROM CITY OF WINTER SPRGS
ITEM C
P12
1
2
3
4
S
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
MODEL
FLOODPLAIN MANAGEMENT
ORDINANCE
FOR
< >CO~S
<DATE>
ACICNowr J;"J)(';M'J:NT
'I1JaDJa to
Flood LoIIlteducUon Section
Floodplain Maaapmcmr Branch
DiviIion ontood Manaaemcm
DepanmeaE ofWa:er P.eaourca
Tho Raources A3=CY. State of C&lif'omia
--Jh,j ~ A~) )M.~
I'(~:
CD-~ ~w/sM W~
~ ~'7~'
@5/1/ ~w/~
~ Wi L--,U. ~ I J.jU.....
~~~.
\3J $ ~ ~Wl-ft- CM.,~ ~ ~
. L~~>~
@) ~ Iv~ ~..-. ~..,
~a~..L - AI. ..s.J.tyU.
0~-ZO-98 02:48 PM. FROi CITY OF WINTER SPRGS
ITEM C
P13
"
25
26
21
28
29
30
31
32
33
34
3S
36
37
38
39
40
41
42
43
44
4S
46
47
48
49
50
51
FLOODPLAIN MANAGEMENT
ORDINANCE
Table of CO:l1~t3
SECTIONLO STATUrORY AUl'HORIZATION,PINDINGS OF FACT.
PURPOSE A1Im lw!81BODS .........................:..........._.. p.
SEcnON 2.0 ~ONS. ......................................._..............p.
SBCTION 3.0 GaolERAL PROVISIONS , ......................................... p.
,SECTION 4.0 AD~nON .......................................................p.
SECIION 5.0 PROVISIONS FOR. FLOOD HAZARD lU!DUC!ION p.
SECIION 6.0 V AlUANCE PROCEDURE
.......... ... ...... ....,.. ..... -........ p.
~
ITEM C
.04-20-98 02:48 PM FROM CITY OF WINTER SPRGS
P14
.
.
'2
'3
54
5S
S6
$7
S8
S9
60
61
62
63
64
6$
66
67
68
69
70
11
72
73
74
75
76
77
78
79
80
81
82
8J
84
85
86
81
T1uI fol1t1wbtl " p'I'tWidU to tu:Jist:lDa ill 46H/I)JlUtllUl tmlillllllU tIust 'H1ill "mpIy will 1M mJlIhruun
JHIl1ldJH1lbcl aitDiII oftJu NtiMMl F1<<Hl ~. Ptr1gram. h;" nco. tJust 41 COmmJUllql,
AItDmq ""'" ~ Ql/dJtiqIllIUU1 i1adIlU till fet[IIiNtlIIlj(J1'1lUltJo. IuuI tkkptiolll to 1M IrfiXkl
that u praviMJlun. It u 1UJt i1ctadbl tIJ4I tAU motU/, 1/ adiJpuJ, sow till (1/41 ColllltUlllityls
II<<Ib /U rd4td to Ftoodp/mn M~ Uuul JU~ fIr:.o' 'B4 advlud tIust II CoI1lnUUlityJJ
ardlMItU 1Nq N mb)<<t to tJ ~" 0/"1tIj1litznu stziff at tIJ. dddrU8 aboPc. IIII
r<<:D~ tlud " COtl'lnl#tUty ~ 'WitA tU ap, FEMA. stizffto insIIrfllll. ONiilUmCtll$
~IUZCJI.
Notice to all CODlmUDitia plaDnJDl to &clopl tIIiI rdiDaDce iD lt1 eJltircty:
1. Your COlDDlUDity'. name or addrea, or Dame the responsible paftY. or reauIatory aiteria. sa ('/.-..1 ~ '.
appro~~belnsertedwhero{b ocau; .\~..~rr-- ~
2. If the higher ItaDdardI, Le. the ODS, in Sectio~~pted. the eommtl[lify can
receive c:redh WJdcr the Commuaity . System (cas) program;
3. Coaummidca with a "buemcm .. in accord.m:e with Section 60.6 (b) at (c) oftbe National
PJcod Wurmce Propam reaulatlo u nMMd October 1,1988, .bowd rm. Sodlons 5.1 C.l
apptcpriately;
4. CommwUties tlw do not certain special &cd hazard area zones identified on their PIood Insunmco
lWo Map(s) (FlRM'1) .!:Day cl it nccessazy to modifY tho model o~ sa fonows:
- with DO area of abaIlo ftoodfng (ZoIlCS AO or AlI):
- in Secdoa . delate the deli[l~OIl of-area ofahaIlow floodiDa8 aad in tho deDnition of8special
ftood hazard 8 delete the words - AHw and · AD-.
- in Scc:ti 4.1 A. c1dcto the pJnse whid1 begins "m Zone AO. _.8.
SGoaa 5.1 B.4 and 5.1 C.1.a and r=umbct 5.1 C.I.b and Co
3
ITEM C
'04~20-98 02:48 PM FROM CITY OF WINTER SPRGS
PIS
88
89
90
91
92
93
94
9~
96
97
98
99
100
101
102
103
104
10'
106
107
108
109
110
III
112
113
114
115
116
117
118
119
120
121
122
123
124
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FLOODPLAIN MANAGEMENT
ORDINANCE
SEeDON 1.0
STATUTORY AU'IlIOlUZATION.
P'INDlNGS (g BAcr,
PURroSE AND METHODS
~.\ "V,#
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Ll STA1'UTORY AUTBOlUZATION. The Legi.....f..'" of the State of {SwtJJ E1mi4a hu in
CS'l,. alI.neoI Cds SaBtiefl(a) 1__ .~~)) Florida. ~t!lnIfe 161 'PArr TT conferred upo.a local
govermneDt uaita lUtbority to adopt resWmcns clesi~ to prmoote the public: health. safety, and general
we1Are olits c:itizemy. TherefOre. d1e fgtlNMbtg 1HItJyJ (If [eINlJtl!l 8r "",-' TtJliIJJ ~ nrWinff'f'
Spdaa doea hereby adopt tho foIlowin; tloodp1ain managomem regulations.
1.2 FINDINGS 011' FACT.
A Tho tlood hazard areal of t-wrtly 8r1ltllttitJiJHll1tyJ the City ofWim@t'Sprlnv are subject to
periodic iDundaUon whidl result5 in 1011 oflifct and property, health and safety hazards. disrupcion of
~ and 1O"emmema1 services, extraordinary public expenditures for flood protection and re1i~ and
impairment of the tax base,. all otwhich adversely ~ lhe public health, safety, and genenl1 we1We..
B. Theso flood loaaes BI'O eamed by uses that an inadequately e1evmd, floodproofed, or protected
ft'om Bood damaae. The C'ftnnlarjyo cfrcct ot obstructions in a.rca.a of special flood hazard. which ina'ease
tlood heigfns and velocities also contribu1e to the tlood loss.
1.3 STAT.EMltNT OF PURPOSE. It Is tho purpose oftbiJ ordinance to prcmoto d1e publio he&Jm, safety,
and aeaeta1 weltire, and to mmfrni7e or prevent public and private losses duo to tlood oollditions in specific
areas by pr~ons dcslsned to:
A. Prctea bumaD life and health;
B. Mi,ninn'.e exptmditure of pubUc money fbr costly tlood control projects;
C. ~nmn7.e the need for rescue and relief cdfom uaociated with Boeding and pnerally
UDdettaken at the expcDIO oftbe general publk; , .
D. lvf'mirni~ prolOJ28Cd businea intenuptioaa;
S. Vmirni_ damage to public filciIiries md utilitiea such II wuer Itld gas mains; electric.
tdephona and sewer 1inoI; and streets and bridsu located in areu of $peCi.al1100d hazard;
F. Help ....mt.i11 a stable tax bue by providing tor the sound use and deve10pmeut of areu of
apccia1 tIoocl hazard 10 U to minimizo or ~IminJltB fUture blial=d araa caused by tlood tbmllp;
G. Ensure that potential buyers arc notified that property Is in aD area of speda1 tIood hazard; and
K Ensure that those who oeaJpY the areas of spec:ia11100d hazard assume raponlibilily for U1eir
actiollJ.
4
,04-20-98 02:48 PM, FROM CITY OF WINTER SPRGS
ITEM ~16
139
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1'1
1'2
1'3
154
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1'6
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1$9
160
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164
~V~ JW
/i68
169
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112
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1.4 MEmODS OF REDUCING FLOOD LOSSES. In order to ~mpiW1 ita purposes.. this ordinance
indudes methodl and provisions to
A R.cstrict or prohibit uses wbidlan: dangerous to health, safety, and property due to water or
erosion hazards, or which result in dRm.Jlgina increases in erosion or flood heights or velocities;
B. Require that uses vu1ne:rable to floods, ine1uding Blo1itiea which ICNO IUd! uses, 1>8 protec;ted
against 1Iood damage at tho time of initial constrUction;
C. Coauol the alteration of natural floodplaina., stream cbannda, and natural protective barriers.
which help accommodate or channel flood waters;
D. Comrol1D1in& grKding, dredaini. and other deve1opmem: wlUd! may iDaouo flood damage;
and
:e.. Prevent or rogu1uo the COl1lUUcUon ot flood barriers which will unnanuaIly divert flood waters
or wbicl1 may increase flood hazards in other areas.
SECl'ION 2.0
DEJ'INITIONS
Unlw specificaDy dc:fined below, words or phrases used in this ordirw1ee shall be interpreted so as to give
them the meamns they have in common uaage and to &ive thia crdinance its most reuonable application.
"Aceaaory uao" means a use which is incidental and subordinate to the principal use otthe ~ orland
on wbieh it ia located.
n Appeal" melW a RqUeR for a review of the Floodplain AdmiJJiItraun's intc:rprctation of any proviJion of
thia ordi~nee.
"Ana or ,baAo." 000&1" means & designated AO or AH Zone on me Flood lnIuranco two MAp
(FIRM). Tho bue ilood depths tang'Cl from one to tbrec feet; & dearly dcSned chaMel deal not elCist; the
pcth O{flooding is unpredietablo and indeterminate; and vc1oc:ity tlow m&y be cvidCJIt. SudJ fiooding fa
~ by pending or she8t flow.
"Area or .pcciai flood hazard" - See -SpeQa.l flood hazard area. ·
"Base fiood" meaas a flood which hu a one perceut dw1ce otbciDg equaled or ac:eeded in any aiveo. year
(also ealled tho -lOO-year ftood.3- Base flood it the tenn used througboul this ordinJIn~
"Baemeat" means any area of'the buildin; having iu floor subsrade on a1l aidea.
"BuDding" . see: "StnIctIIn..
"DevelopmeuC" mesas aay mm-mado c;hangc to improved or wUmproved ral estate, incJudiDg but DOt
limited to buildings or other struaum. mining. dredsini" fWiIl& gradina. PavUla. ac&vation or driIllng
operationJ or Itorap of equipment or materials.
"EucrvachmenC" means the advanas or iDfiinaement otuses. plaut arowth. fill, exc:avation, buildinjs,
pennancnz muctWW or development into a floodplaln, whidl may impede or alter tho Bow c:apaaty of a
Boodplain.
j
tJ t, J\ u"t. 1;:,
Vv+;~ ~ or
~&U ~~ W~
~ JA,~ t.---1.. j ~ (}ItJ) ~
04-20-98 02:48 PM. FROM CITY OF WINTER SPRGS
192
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2..0
241
"Emting manufactured bome park or subdivision" means a manufac:tUred home park or subdivision for
wbi,h the eonatlUl:tion of facilities for servicin; the Iota on whi,h the ID8I11If.acture ho~ arc to ~ afibted
(lQcludiQs, at a mini1Tt1'!T\ tho inm1Jation of utilities, the coasuuction of meets. and either final site gradiDg
or the pouring of concrete pads) is complated before the effective dAte of the floodplain management
regulations adopted by a communiE)'.
"ExpaDstOD to an uisdai mauD &.cturcd homo park or SObdlvbiOD" meana the prepantion of
additiooa1 situ by the: constrUction of tacilities for IeMcina the lots OD wbich the man~ homes are to
be affixed (including the installation of utilities, the constrUction of street!. and either final site grading or tho
pourins ofconcreta padI).
"Flood, flooding, or flood water" means:
1. A a=cral and temporal')' c:ondition of partial or complete inundation of normally dry land areas
ftoD1 the: ovediow ofialand or tidal waIerT, tho uuwual and rapid ~"'Ulll\tion or runotIolsudilce
waterJ from any source; and/or mudslides (Le.. mudtIows)-see "Mndslfda"; and
2. the: condition resu!tins from flood-related erosion. see "Flood-related erotioQ" .
"Flood Boundary ADd Floodway Map (J'BFM)" means the official map on which the Federal Emergency
Management Agency or FederaJ !nsuranal Administration has dermeatod both the areas of special flood
hazar~ and the fioodway.
"Flood Huard Boundary Map" means tho ofHc:ial map OD which the Federal Emergency Management
~ or Federal Insurance Administration has delineated the areu offiood hazards.
"Flood lnauraJJce Rate Map (J'lRM)" means the ofDc:ial map on which tho Fedctlll Emergency
Management Agency or Federal ~ Administration haa deline~ed both the 8r8&5 of special flood
hazards and the risk premium zones applicable to the community.
"Flood ImuraDce Study" means the official report provided by the Federal ~ f~
F~en..I FmM:i~"" ManAi""'"l!TTt Apt;)' f'PEMAl that includes flood profiles, the Flood In.suran1:O Raze
Map. the Flood Boundary and Floodway Map, and the water surface e1Gvation of the hue flood.
"Floodplain or tJood-proDe area" means any land 8J'8& susceptible to being inundated by water from any
S~ . see "FloodiDl".
~ ~ ~\"'oU1I''' '
"Floodplain AdmiDiltrator" is me :.A;..1.:BppU IWIIlU11St8r ......j ..do.u tho:;; fl..""JpIaiD-
~l""'g~ rtlJWatiolJl)-
"Floodplsin maulaemeat" moans the operation of an gyera[l program of corrective and preventive
measurea foe reduc:iIJa Dr IllhnillAri"i tlood damage &Dd preacMns and M\~;' where ponible. natural
resources in the floodplain, including but DOt lImited to emergency preparedness plana, flood contrOl works.
floodplain management reauJations. and open Jp~ plana. .
"iloodplaiJa maalgement rqaJadoas" means this ordinance and other zooing orrli"lInl"~. subdivision
reaufa.tiona. building codes., health r~C8, apeciaJ purpose ordinaneca (mc.h " if8din8 and eroaion
control) and other application of police pgwa' which CODttOl developmect in fl~pronc ucaa. This tcnn
dcscrlba fedora.!. state or loa.! reauJariODS in any combinaUoD therco( which provide standards for
prevcotinS and reducing flood lou and damage.
6
ITEM C
P 17
242
243
244
24"
246
247
248
249
2jO
251
252
253
254
2j5
256
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258
2j9
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270
271
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273
274
275
27
~8
~/~
, 283
I 284
~"
286
287
288
289
290
291
292
293
04-20-98 02:48 PM, FROM CITY OF WINTER SPRGS
ITEM C
PI8
"FJoodproofiDI" means any combinstioa of strUaural and nonstructura1 addidOns. chaDges, or adjustments
to SttUc:tures. whidl reduce or fIliminlW' flood damage to real estate or improved real property, water and
sa.aitaty &c::ilities, struauru. and their conteDU.
"Floo~.1" means the channol of a river or other waIetCOurae aoci the adjac8llE land areas that must be
reserved in order to ~ tho base Bood. -MtBeut ~y ie8l'8e5H!g l:M ~ater ~. illB'lMtSIl
!!l8re 1~9R elSe fee.. Also refmTeci to as "ReiuJ.atory FJoodway".
~
~JJ
"Fraud aDd victfmJzadou" as related to Section 6, VarlanC8S, o!tbis ordinlrn~ means that the variance
gran1Cd must DOC cause fraud on or viaimhation of tho publk. In p1tmnvna t.bia requirement. the If'~ ~.
{<<JIIfJffIM~~""'" iHyJ ,CiIX will ~der the &c:t tfw rf<<Y newly COJ1IUUCtCd building adds to ~ . _'
iovcmmenl rcsponmbiIities and remains & pan otthe community for fifty to on. huacInld years. Buildings
that are pt:ABittect Ie be 88tlfMU_1I below the bue flood elevation are subject during an those years to ~/
i:nc:roued risk of damage from fioocis, whilo fixture owners of the property and the community as a wholo are
subject to B1l the costa. inconvenience. danger, and suffering that those increased fiood damages bring. In (\ I .
addition, Mure 0WDen may purchase the propertY. unaware tIw it is subjec:t to potential flood clamaae. and ,0--\
can be m.ured ouly u very high flood Wurancc rates. ~
"FJoodwll1 trinle" is that area of the floodplain on either side of tho "Replatory FJoodwIl7". ~
eee~ail_8ftt may IN plll'lltift_
"FuDdioDaDy depeadeDt use" means a use of a. buildin8 or other development. which cannot be achieved
unless the buiIdIns or other deveJopmetIt it is 1000ed in close proximity to water. The term !Deludes only
dockina &Qlitiea. pon &cilitics that are necessary fer the loading and unloadiDg of cargo or passengers, and
ship buildina aDd ship repair 1kci1ities. and does not include loog-teml storage or related rnanufkcturlng
fisCliUea. ~ ~~,~) ~ P"1 fw ~ ,,} w- '--A
=~~~.:~~~= ~:::;.;;:;~=.:r.:=;adoPI and ~ 10
"lIanbblp" u reJsted to Seetion 6, Varia",. of this ordinance meaca the exceptiooa1 hardship that ~ .,."r:;;;:
would result from. a &iIuto to grant tho requested~. !he [zalo'l!lrftilfg lJgiJ,,/ titL. requires that the f tvn,["; --....:J
I\wliclInr pt'0V& thl1f ~hC variance is exceptional, \J.1'lU4Ual. and peculiAr to the PlOpcrt)' involved. MeN ~ ~
efcooomic or financial hardship alone is DOt c:a:eptional Incouvenience, aesthetic considerations. phy5icaJ ~
~. prefenm<:cs. or the diaapproval of one'll neighbors llkcMse cannot, as a rul~ qualify u ~ 0 )~_
ooa1 ship. All oftheae problems can be resolved through other meatII without granting a ~
varian itthe altcnwivc is more expensive. or requires the property owner to build elsewhere Of put
the ~ to a di1fercat use than orisinallY Intended.
"Ripest adjaceut grade" meanI tho hiahcst natural elevation of the ground surfAce prior to construction
Dext to tho proposed walla of & muaurc.
"Hbcorfc: Itnaaun" means my stnwture that is
r 1. Lisled individually in the National Register of Historic; Pla.c:cs (a listing mainta.incd by the UIlitcd
States Departmem ot'lDtcior) or prcJf:minBrily detmnincd by tho Seaetary of the Interior as
m.oeting the requiR:meula tOr lndividuallistiDg on tho National Registcsr;
2. Certified or prcilminariJy delennined by the Sec:rewy of tho Interior sa contributing to the
historical sisniflQDl;C of a registered historic district or II district preJiminarily determined by the
l:;~~?~~~
7.1 ~~
\r~
t
, ~ y(\f
~
~
yt\A \~AA1'
~,~
294
295
296
291
298
299
300
301
302
303 ( "
304 I ace
))~ ~ '~l
.)t,. 307 \ "Levee " means a flood protection system which consists of a levee. or levees, and associ~ed
V' ;~-jf such as closure and drainage dBVica. which are c:ousaucted and operated in accord with sound
"'~ ~ \, . . practicea. r/ ~~ M
~~ ~11 I at ftoor" means tho lowest floor of the lowest enclosed area, inc1udini basement. An unfiDished or~ ~ .;:.{..;
If" y 312 flood retiItam czw1osu.re, usable solely for parkins ofvehicLes, building a<<ess or IItOrage in an area other ~ ~\,. \".
313 than a baaemCDt area (see "BuementW) is DOl cooaidend a bWldini'llowat floor. provided that such " b \ ~ \ v'- '
314 '~osuro is noe built SO as to render tho stn1CtUrC in violation of the appIicable noo.-elevation design J /
315 ~O{thisOrdiDanc8. b~3
~ ~~ ,,/ h / "~cnand home" means a lltrUaU.rc, transportable In one or more secrloDB, which i, built on a )ct ' .// '~~
318' ;..' c:haaiJ a.ad is designed for use with or without II permanent foundation when attached to the - ~
31, . ed utiIiIies.. The term "mam.J.fl1c:tured home" does not include a "recreational vehicle".
3 _~~~"~
332221 "Maaut'aaund home pm or subdlvislou" means a par<:eJ (or contiguous paruls) ofland divided iIIto V" 1\ "')(".
two or moro ~ home lotS for rent or sale. . , /
m ~\~~.
324 "MeaD sea &.vel" means. for purpoaeI of tho Nalioca1 Flood Insurance Program, the National Geodfrtic V v-
3~ V8rtical DatUm (NGVD) of 1929 or other datum. to which base flood c:1evatio~ shown on a comn:nmity's
326 Flood ~ Rato Map are ~
327
328
329
330
331
332
333
334
335
336
337
338
339
340
34]
342
343
344
345
04-20-98 02:48 PM FROM CITY OF WINTER SPRGS
ITEM C
P 19
3. Individually lUted on a awe invOlItOry of historic pW:el in statell with hiatoric preservation
programs wbi<:h havo boen approved by the SeaetaIy of Ime:rior; or
4. Individually listed on a loal inventory ofbistorU: places in communities with historic
preservation programs that have been certified either by an approved state program as detmmi.n.ed
by the Secretary of the Interior or direc;tjy by the Secrewy of the Interior in states with approved
programs.
" mcana a mAn-made strUCtUnI, usually an earthen embank:ment. dcsiiIled and conmucted in
with sound engineering ~ to contain. control or divert the flow of water so as to provide
. D from temporary tloodins-
"Now COutruC1iOD". for floodplain mans.gement purposes. ID8lmS suuctUrCS for which tho ~SW't of
construction- co~ on or after the ef!bctive cWo oftloodplain man&gcmtlDt regulations adopted by
this community, and inc;h'd~ any IUbsequent imptovcmenu to such struc:tunl:s.
"Naw manufaClbnd home park or I1IbdIviJiOD" means a m.mTfJttUred home park or JUbdivision for
wbic:h tho conatrUCtion officilities for servicina the Iou on which the ~ hoIDl!llS are to be affixed
(mcludina at a aDnimwn. the lnsta1la1ion of utiIitics. the COD.IUUction of ItnctS, and either final site gnsding
or tho pouring of concrete pads) ia completed on or after the ~ date of floodplain mllnllEP"'"tlDt
regWatioua adopted by this community.
"Ol)dructloa" 1ncludOJ. but is not limited to, any dam. waD. whad: ~hn.-nt, l8vee. dike. pile,
ll"''"''eot, protection. ~on. cham1c1iD.don. bridge, conduit. c:ulvcrt. building, wire. ~ rock, gnvel,
reN.3e, 9. suucture, vegetatiou or other mazerlal in. aleCK. aaoas or projecting into any 'W'8!C:1"COUne which
may alter, Impede, retard or cha.nae the dlreotiOD a:miIor vdoc:ity ot the tlow ofwuer. or due to iu location,
its propcm:ity to mars or collect debris c:ar.ried by the flow ofwatm', or ill Jinlibnnd ofbc:ing canied
downm88m..
"O~buDdred-1ear flood" or "l00..ycar flood" - ac."BaN Rood-"
8
346
347
348
349
350
351
k~3.52
~,
if.'\~ ~
,\ \;~
V \ 358
359
360
361
362
363
364
365
366
367
368
369
370
371
371
373
374
37!
376
377
,LY ;~
~" 380
'd'" 381
\.
83
384
:'A~
V~;~
389
390
391
392
393
394
39.5
396
ITEM C
O~-20-98 02:48 PM FROM CITY OF WINTER SPRGS
P20
"Public safety aDd Duiaance" as related to Section 6, VariaJIces., of this ordinance means thai the gr811ti.ns
of a variance mwt nee result In anything which is iJ:Uuriow to safety or bcahb of an omi:re community or
neiihborhood. or 83JY considerable number of persona, or unIawtWly obstructJ the free pasaage or use.. in the
customaty manner, of any navipble !alee, or river, bay, stream, canal. or basin. J
"Recreational vehicle" meaI1I a vemdc, which ill l:f.u . \-19Y'
1. Built on uingle chaW; '.5 r:' -~ -t \ ~ \ ,
2. 400 square 1m or less wben ~ II the largest horizontal prcjectio.a; ~.J '
3. Designesi to be self-propel1ed or permaneudy towable by a liam-<iutY tnlc:k; and ~_~
4. Dclisned primarlly not for use as a permanent dweDio& but as temparvy living quarters for ~ v~-<
rec:roationa!, camping. traVel. or seasonal uae. ~ ~4
"Regulatory tJoodway" means the channel of a rM:r or other waterCOurse and the adjacent 1and accu thal ~
~ be reserved in order to diachargo me base flood. wi1l!ewt GM-..I~~~ _Il~ ta. W6!er iUl'fMe '
M\..ea mOA ~ eae Mel
"Remedy a violadou" means to bring the strueture or other developmcm wo CQmpIi~ with State or
local tloodplain ~ regulationa. or; if thia iJ not posiiblo. to reduce the impa.cu of its
no~ War- thd impacu may be reduced include ptOlectUlg the mucturo or OtMr' affec;ted
developmeut from flood damaacs. implemsnting tho enfort=nentprovisions of the o~ or otberwiso
deterring futunI similar violationa, or r~c:ing State or Pedenl financial exposure with r8glU'd to the
suuaut'e or other dcvdopmmrt. '
"-.. meano -8 to, fun=! by, or~. '"'" (mdudmg tributarica1_ ~"
"Sheet flow area" - ace "Area ol.haDow floodiDJ".
"Speda1 Good hazard &rea (SFHA)" means aD area havins special flood and shown on ~M or
FIRM as Zone A. AC. AI-A30. AE. A99, ~
"Start or CODJtnlctioa" indudes NbSW1ti.a1 imprcvemcat of.8. .mUCfUrB and mcall3 the date the buildinj
pctmit was iasued. provided tho actUal 8Wt of COOIUUC:tioa, repair, ~oa, rthabllitatioa, addition.
pJa.c:emcm, or othm- imprcvemcat was within 180 days from the permit date. The actual stan means either
tht first placemem of perman=t OOI1Itruction of & structure OIl a me. iUCQ as the pouring of s~or rootinp,
the installation of piles, the CODStnlcaOQ of co1u.mnaIOT my worle beyond the stago of excavatioDJ:lr the
placement of a mJUn,("ntunl homo on a foundation. tr'ermaaem c:oamuction doot not include land '
preparation, Neh u dCllliDi, gradina. &ad filling DO( does it Include the iD,r:mnarion of streets and/or
walkwayI; nor dOe. i% tndudo excavanoa for & basemcot. footings. pian. or 1bund.ationa or the erection of
temporary forma; nor does it inclUde the iDstal1ation OIl the property of ~ry buiJtUngl'. auc;h u saragc:s
or sheds not oa:Upicd as dwel11Dg tmita or not pan of the main structure. For a substantial improvement,
the aaual iWt of COnsuuctioIl meant tho first aItcration of my wall, ceiling. floor, or other structUral part of
a building, wherber 01" not that altendon a1Jecta tbe cucnud dimuJiGDI or tho baDdIaJ.
pl/~
~~
)
<
I
"Stnacrure" moana a wa11cd aDd roofed buildini that ia priDcipa.Uy above if'OUDd; this includO;! a au or \;
liquid stonge tlI.Dk or a ~ home. ~
"Substantial damqc" means damage of my orisin sumined by a muaure whereby the colt of ~ring
tho suuctUrC to it1 befbro damaaed condition would equal or exceed 50 pe%Um crfthe market vahle otthe .
-=bofa,.m.dams&c~ J-) e-- ~I
~/~~? "
~
9
04-20-98
397
398
399
400
401
402
403
404
4O~
406
407
408
409
410
411
412
413
414
41'
416
417
418
419
420
421
4:22
423
424
42j
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
44S
446
447
ITEM C
.!: ~ P21
._~ ~.
~ ~O'(~-:'.,\-v
, \~ ~~~ ~ ~
-V ~\~~\> all\\~ ~
\"t/"oJ ~ {/t" _.A.~J~
Y\~ - ClH'1'P' _ J
"SlIbatauda! improvemcar" lDeana any reconstruction. rehabilitation. addition, or other alteration of a '^ ~
strUCtUre, occurring {fdsui1tg tJu Uf. of tI&4 stTUt:tJIn} OR {r. eIY" (lis 1 ~ J"6IIT Fei.aJ))*, whereby the
cumulative collt of tho improvemem equals or excecdB ~ $O~ percent of the mark~ value oftbe
strUcture before the -JWt at c:onstrUction-. The market value of the strUcture wiD be derived from fiuJJfISted
Ua IlJ1ITI'Uised WJlIlCS ofthd stTIIcwn or qt/sg CttTtifia.ble tUUilor 1Y.IUOn.ab/~ 1MJJaod3 tu ~ed by tlJe
aJmilfistnzt~. This term includes structurc8 which have incurred "submmlal damage-, regardless oftbe
actual repair work performed.. The term QoC3 not, however, include either:
02:48 PM
FROM CITY OF WINTER SPRGS
1. Any project for improvement o{ a structure to e1iminate state and/or local health. sanitary. or
sa&ty code violations which have been idemi1ied by the local code enforcement official prior to the
improvement oecuciD& not cauaed by tho improvement itself: and which are the minirmJTTt
n~s.uy to assure ll8fe living condition!, or
2. Arty alteration of a "historic SUUI:tW'C", provided tIw the altemion will not preclude tho
suuaurc'a continuecl desiption as a "historic structW"C".
, · JVH1ffIfM,,1IH ...ht!kllDf.,N11Htl~v.rJl. f~~
"VariaDce" means a gnat ofrelicfftom the requiremenu of this ordinance, which permits consuucOon in a ~
awmer that would otherwise be prohibited by this orciinance. - ,. _...')~
~
tJ;.A.L.--
~
~.
"VioladoD to means the failure of a structure or other deve10pmcm to be fully eompliant with thiJ ordinancs.
A structure or other deYeloprnent without the elcvuion certificate, other certifications. or other evidence of
compliance required in this ordinance is pre3UDled to be in violation until suc:h time as that docllm~on is
provided.
"Water surf.a e1evsdOD" means the height. in relation to the NatioDAl Geodetic V crtic:a1 Datum (NGVD)
of 1929. (or other datum, where spccifiod) offloods ofvarious TTlJIgr"ftoudes and frequenciel in the
tloodplAinJ of eoa.sta1 or riverine a:n:.aa.
"Watareoune" means a ~ river. creek. stream, WaD~~ or other topographic fea:ure on or
over wbid1 WUCtI flow at leut periodlcaUy. Wat~ specifically dcsigna1ed areal in whkh
substa.ntiaJ flood damage may oc:a1t. '
SXcnON 3.0
GENERAL PROVISIONS
~
3.1 LANDS TO WHICH THIS ORDINANCE APPLIES. This ordinanoe sha1l apply to all areas of
apecla1 flood bazarda withiD tho jurisdiction of c~t1fI1fty 111' MIIIth#tlalilyj. th8 c:~ nfy.rtntf'l" 5iprinp.
3.2 BASIS JOR !'.STABI ISBING THE AREAS OF SPEOAL FLOOD HAZARD. Tho areas of
.peciallIaodhazonlldenlilled by thoFoderale~(flA) aftho:r,:__
Maoqcmoat AptM;y(FEMA,) D6iio Flood ImunDco S ) ~
~mpauyins Flood Wuram:o Rata Ma~ (FIRlv.&) ang, Fl ami (FBFM" 11
detetl t~"td, and alllUbscquczn amendJiiao and declared
to be a part oCtbif orrlinR1lC1\ 'Ibi.s FIS and a~ mapping ia the minimnm area ofappli~ ofthi.s
ordinaDco and may be suppl-..~ed by studies fur other areu which allow implClmtlDtatiotl of this ordinlUlce
and which arc rec.o",.",.."riOl:l to the 180ft lPIINt, .t INiyJ Cia by the Floodplain Administrator. The stUdy,
FlRMI and FBFM". are on filo at t .u_~ a-y HeJ4 C-.-er .illiwbRw." lHIilJjlfl') >>,,_ R..4M~
PlMItlItfl w p,,~ ~ ., ~ at Clry HAil 1126 'FllV ~~ ~s.d 434 Wmtf'f' Swini'i FT 1770g
10
ITEM C
04-20-98 02:48 PM FROM CITY OF WINTER SPRGS
448
449
450
451
4j2
453
454
455
456
457
458
459
460
461
462
463
464 3.5 INTERPRrrATION. In tho werpretation and application ofthiJ ordinance, all ~oaa shaIJ be
466465 A C 'd-..l . .. ~'-7 ~}? ; t ~.e.
ODSl alClU U mlmmnm rcquinm1eDU; ___ .- r ~ n~
467 B. Liberally constrUed in favor oCme aoveming bodf, mi r.. \ )
468 C. Deemed adtl= to limit nor repeal any other powers granted under state statutes. l C<l ~fJt ~1.. 1
469,' . ,
47~ 3.5 WARNING AND DISCl.AIMER OJ' LIABII..lTY. Tho c1cgrec oittoed prot~on requimi by this
47; \ ordinance is coo.edered reasonable for fesuJatoIY pwJ)OseJ ami is bued on sciemific: ami engineering
472 Fidctations. Boads <:an occur on rare 0 Flood bei8hu I11&y be inaeaaed by
473 man-made or . Tbi . does not imp~ 'de the . Bood
474 or uses areu be ftee Boodini or . This
47S 5haII at ctC8tu ility on the pm of the Cj~ auy officer or employee theroo( State
476 the Federal Insurance .Admin-i~on, or the Federal Emergeogy Manajemeut Aget1q,
477 for 8ZJy fl that resulI from rdiaDco OQ this ordinaIu:e or any administrative deci&ion l&wtW1y
478 made hcmmdet.
479
480
481
432
483
484
485
486
487
488
439
~
P22
~ .~~ y~/
# /'{ ,
structure or land ahall he:rafter be COnstlUCted, located, ex:ended, converted, or ~ ~
ofthi5 ordinance and otber applicable regulations. Violation of :~
nditiODl and safe lished in connection with ~
i/
~ from taking sudllawtUl action sa iJ acccssaty to
7
DNS. Thii is at intended to repeal, .--::::r ~.
. . c:ovcuauu. or deed rcmctions. He , where this ordinance
euemcut. covenmt, or deed ratriction c:on1l1ct or overlap, c:hever . sea the M
.ctiODS shall prevail. -----
ad--
.0 .
~
I)C-\ ~
SECIION 4.0
ADlWNmlkATION
~~
'" } l/
, ~~
I-; ~
\'~V
\
, 4.1 EST.ABLISBMJtNT 0' DEVELOPMENT PERMIT. A dC'Yd~ permit abaI1 be obWncd \
~ atrj conatruaion or other developmem begins within my area at apecial flood hazard esubUbed in I
Section 3.2. Application for a ~OpDlCDt permit IhaIl be made Ollli:nms furnished by the FloodplaJD I"~
AdmfnistrUQr and may include, but not be limited to: plans in dupIicatc drawn to sca1e ahowina the nature,
location, dimensiom, and eleva1ion oftbe area in qucsdon; ClXiating or proposed structurea, fiIl, stoIqO of
materials. dniinage faQIiUcs; and the 1ocation ottbo fOlesoina. Spcc:i:ftc:a.Uy, the fbDowina information is
required.
~f'- €
A Proposed elevation.in relation to lDBlUllelllevcJ. ofth.lowmt Boor (md\~ baaement) cfall
structurcI- in Zone AD. elllYUion othighelt ~ gBde ~ propoecd elevation oflowest Boor
ofaD~or
B. Proposed elevation in relation to mean sea Iew! to whi~b any no~dentia1 structure will be
tloodprooftd, ifI1lqUired it! Section 5.1 C.2; and
11
ITEM C
. 04-20-98 02:48 PM FROM CITY OF WINTER SPRGS
$02
503
504
50S
"06
507
508
509
510
$11
512
513
514
515
516
517
518
519
520
521
'522
523
~~~1~ 1
~~,,~
528 ... ()
529
530
"31
532
533
'34
53S
536
537
538
'39
540
541
542
543
544 '
545
546
547
548
549
5S0
P23
C. AD apprOp~ C1lr1ific:atiooaliltod in Section 4.3 D almis ordinanCe; and
D. Dcaaiption of tho CllCtOnC to which my WlItcrcounc will be altered or relocated u a result of
proposed devoIopmeat.
.u DESIGNATION OJ' "IEE PLOODPLAIN ADMINISTRATOR. The CIty F~~nem' fCiI1 MIHr~
'" lNutwsfPl"''''1 Pu/Hi. w.,,!ftI, H Jllljf~ /Jwp'*"> S6} is he:nlby appoimcd to administer,
implertlem., and ezJforco this o~ by sraatins or deuyina development pemiiu in aa:ord with it"
provisions.
4.3,DlJ'l'IES .A.ND RESPONSIBILITIES OF THE FLOODPLAIN' ADMINISTRATOR. The duties
and responmOiJitiea of the Floodplain AamiDistrator shaD include. but mn bo limited to the foDowins.
A. Permit Review. Review all deve10pmeat permits to determine that
1. Permix requinm1ems otthis 0fdiDaDg, have been wfsfied,
2. AIl other required state and 1idera1 permiu have been obtaiDed, ;(p __
4", sito is ~ safe tl'orn flooding, and ~ ~ .
~-r'\o\~ -tl.."d IV. ~"'1o'" ~~_ ~~ rv~n.W\ d~ (/
4. tbe proposed deve10pmeut does not adversdy affi:cE the canyiDg capacity of areas ~ '
where base dood devationa have been determined bm & tloodway baa DOt been
desiptcd. For' puIpONI ofmis ordin~ "adversely a1rccta" meant thu tho ammlative
c:ffca of'the Propo* development when combined with all other existins and aarlcipated
developmeat wiIlmn increuo the water lIa.lrAce elewzicn oitha base .flood. meN .\'A_ SM
feet at my pea
B. Raview and UM 0( Any Other Base Flood Data. When base flood elevation data baa not been '( .......
provided in accordance with Section 3.2. the Floodplain Admimmatct ahall obtain. review, and -;.- ~
reasonably uti1Iza my bale iWod oIovation and fJoodway data avai1ab1e from a f'edera1 or swe ~
aa=;y, or other JOurc:e, in order to ,t4mlnidet Section S. A1:Iy such infbrmation shall be submitted J
to ~ p.r..-, itNI,/ far adoption.
C. Nod6cation <1f Other ApnQet. In ahetatio.a or relOC&tion of a wuorcounc:
I. Notiiy adjacem t'''()fm1'Iwiries and the ~t Tnl1n. RivM' WPJ'fPr MJlnlli!"m{'flf Distriet
(~TRWMD' fSlWd .~J prier to altenltion or rdcx:ation;
,
2. Submit evidence of'lUdl notif2Q%iOD to the Federal Insurmx:e Admini.straticm FcdeB1
Emergezx:y Maimpmeo& Ap1cy. ai:ld
3. Assuro thai tho 1Iood canying ~ wiWn the aI:tcRd or rdocaud portion ofaid
~ is In/I;rrhnned.
D. DO~lI'm_Jttian ofFloodplain Dcvdopmcztt. Obtain and nunm.Tn for public inspec:ticm and
make available u needed the tbDowing:
1. Certification RqUimt by Section 5.1 C.I (lowest floor cJC'VUioaa),
12.
ITEM C
04~20-98 02:48 PM FROM CITY OF WINTER SPRGS
. .
551
$52
553
554
5.5$
"6
557
.558
SS9
560
561
562
563
564
565
5~
.561
568
569
570
511
sn
573
514
575
$76
,"
578
579
580
581
582
'83
584
585
386
$81
588
589
590
591
592
593
594
595
.596
597
598
599
600
601
602
603
P24
2. Certification required by Section 5.1 C.2 (eIevuioa or f100dproofins of nonresidential
atlUaurea ).
1. Cet1tilSet!8B fell_ad a,r SastieM 5.1 (:.3 (88ft eJevatielll desiga 5WiQer4~).
4..3. Certi1katioD of elevation required by Section 5.3 B (subdivision standards).
S. Cerb6ll11tiaB ~ lly Sod_ $.' A (i1eedway eefi'G1l'hmc:J_).
E. Record ~ Where applicable. all recorda ot(u built) lowest tloor dsvatiot15.
certificuions. and other recorda PertBiniDs to the proviaions of this orm"lml"e,. and all records of
perimued PmM altetaticma (Leuen of Map ReviJion) and am8~em (Letten ofMap
Amendmeut) ahall be mainWDed in the o1Jicc of the C"~ 'P..nWn~ /NH* srffi$elllDd aha11 be
opeD for public iDspeaioa..
P. Map DetermUwicms. Make iJJurpi i&tiotll where needed" u to the ~ loca%fon ofth.
boW2darica of the area of sped,llll~ Qazard. tor example. ~henI there appears to be & ccmflict
bctwuD & mapped boundary and aaual fleld cOaditions. The person contesting the location of tho
bouDday Ihall be given & reasonable opportunity to appeal the intarpretation u provided in Section
6.
G. R.e:media1 Action. Take ac;don to remedy violationl ofthi. orclinancc sa speQ1ied in S~on
3.3.
J\S>1h :d.~\V'~
~APPJ:AI..S. The c~ Cnmrmutntl f6~ ,.tI,} ., ~11" W 1IIIIIfifi1 dIy} shall hear aDd '*=ido
apPCals wheD it is alleged there is aD error in any requiremem. decision. or determination made by the
Flr>Odp1lia Adminiatrator in the enforeement or adminiatration olthis ordlna1u:e.
UCTION 5.0
PROVISIONS MRROOn HAZARD REDUCrION
5.1 STANDARDS OF CONSl'RUC110N. In all areas of special tlood hazuda the fbnowing standard.
.,.~'!~~;., ~~~~ t.. ~%~
. '., ~ h\'~~'7
1. AU new CODSttUCdOll and substazttiaJ improvemenu sba11 be adequuely anchored to ~
. ~.ftowfcl2o coJlsPS. at !&teal movemem otthe structure ~ ft'om 1,
hydrodynamic .ild hydroatic loads. ~ the effocts ofOuoyancy. ~ :
2. AD ~ homos ahaII meet the anchoriQa stmdardt OfScc:tiOll 5.4.
B. Construction mauriala and metb. AD DeW consuuction and substautial improvement .baIl be
C:ODSUUated
1. W'nh matcria1a and mility equipmeut n:slstaDt to !ood ~
2. Using DlIIthoc!s and pradiccs that mim-...m.. flood damaae;
3. WIth e1ccaical. hoatizla. vemilatioa. p1umbina and air conditiOl:Jing equipment and other-
service fadIitiCll the are dcsianed and/or locaIcd so B& to preveot water from etttcrlng or
accumulaDni wMia the c:omponenu duriug coDditions of floodina; and if
13
604
60S
606
601
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
62$
626
627
628
629
630
631
632
633
634
63'
636
637
638
639
640
641
642
643
644"
64'
646
647
648
649
650
651
652
653
6'4
63'
656
04-20-98 02:48 PM FROM CITY OF WINTER SPRGS
4. W1tbin Zona .AH or AO. so that there are adequato draiDago p8lba around st:rw:rurcS
on slopes to guide tIood warm around and away ttom proposed IUUctures.
C. Elevation and floodproo1ing. ~.. itGiies J rA~~Q&e fw "Be'\Ill ceD8trl.-tlu~ - ~~"tlw.~
.....AJn"!'II.r. .rld .<<n,,----...:...1 imp.4~~w4".)
l Residential C:OD5tn1c:tion. new or &ubstantial improvement. shaD have the lowest 1loor,
mduding buomem,
L In lID AO mne, 010\..11 Hew tee_shell MjaeeBI 8f888 le a BeisB* e.tuel1e
or meeu".-a iM depdliMlll8. spumed ill feCII 88 tM iml{, elf ellMdacl at leas
twe feel abew 1M ~ aejaeeel araM if Be II". BIII!IIler it ~ (1M
lmHsIjItHIr... 1M ~ ~ 1M kipm adjaunt gI1IlItJ to II Migllt
.-CMlin6 1M tlqtJc ~ ~ btfeet 1111 1M FIRM 1Jy IIllult (lPI~ mul
DfUl 1rn1f fl!l!t. "IN }'06-' W M6'. Itr i III (Nfl 1M<< ftt1I ai.mt IIN ltirlM1l
ltIlJ.ulfl gNM 1/ IN -,0 IIItJJIhr ".,NIJIs4J'"
to ,.._flsrl
~
~
~~~
1l^ . .l~ .,
. ytwr -, ~I
1;7J \ b .,
.' 1Lte, ~
h1tlJf' 1 jb,~::~~:-~:::~~~~~lLmZ~;
1 Jf1? devtItloll.)*
,,) " ~lftlftMsIM
L ~ r... 1. Upon the completioD olthe atrac:ture, tho elevation of the 1~ floor inducting buemcot
(~ .' ahaD be ~ by . rogiItered profeai.onal E!ngjneec or 5UlVC)'ot. and verified by .tho
V -/ commuDity buiIdinS inlpeaioD dcpanmClt to be properly elevated. Such c:erti&atiOD and
'"/ veri1lastion shaD be provided to the Floodplain Admiaistrator.
b. In lID A zona. ....here ae ___11MB Me 88eB PfOeN_ by al Felien1
U1MrJ1IMY !hn lUBes. halllty, 11...1811 18 sr aIIa.'O 1M \Jill' !led el.,..'ll!iee,
H __nllt! &, .. eellHBllBi1y. The FIeoaplAiB hGmiaillNler "i'.iD ci"'ef.>>iM
~ metJsea ~whi81111ae8 ileeli eJllMttiDDlIN dcter.--d. M~ods iNudllMft
are Be' 1i:mitc4se ieftild 1!yereJogie IBd ~. aallyaea. 11:30 eI 5sS:ss "...-
....v"'t1tl.h. eIB.lleureet.1IM efBielslieel"--. Best IUpJIenaell Yd
~1IilI8_1.jaG8__ ia 1M lMl!R Be deta eM be pf8MM. (tIuJ lowatjlDor
dIilL H ~ 1II1ust 0". /Dftl (1_ 7t~"'1f~ ./HI ~ tJu btlUjlqo4
dn~ ~ by 1M co",nuudty.~
~1JIIfttIItfW
2. Nonreside:Dlia1 coDltnJ.c:tion. new or substmtiallmprovemem. abaIl either be eJevuecl
to conf'ctm with Section 5.1 C.1 or toacther with attendaoc un1i1y and sacitmy iidlides
a. Bo floodproofed below the el8vadon ~rncndcd under Section 5.1 C.1 JO
t1mt the sr:ru=n Is watertight with walls subswniaD.y ImpemJeabIo to the
puMiO ofWllel'j
b. Have srruaural COJJIpOD8I1b capable ofresistina bydrosmdo aad
hydrodynamic 10eda lIDd e&cta of'buo)'llDCY; and
Co Bo coni1)cd by a resiltored protesaional cnaiDccr or IIt'eMM that the
standard. ofthia section (5.1 Co2) are aatiafied.. Such certification aball be
proYidcd to tho Floodplain AdmiDiItrator.
1.&
ITEM C
P25
ITEM C
04'-20-98 02:48 PM FROM CITY OF WINTER SPRGS
P26
~
.
657 O. All new co c;tion and substaatial improvemenu with fully enclosed areas below th8 1o~
658 floor ( nul that are usable solely for ParkinB ofvehic1cs, bui1diIlg ~ or
6'9 stOrage, and arc subject to ll00diD& shaD be designed to automatically equalize hydrostatic
660 flood forces on exterior walls by allowing for the entry and exit of floodwater. ('lM interior
661 portion of $IIeb mdDHtl aru lIIa/lllOt be ptJTtltlo,," or ftnJsMsl inW KpartlU l'(Jom.sj:i
662
663 1. Designa for meetins thi. requirement must exceed the following rmnimVtII criteria:
664
663 a. Be a::rtified by a registered professionall'r1glnea- er 8f'OhilM (slid tluzt tJu
666 opc1linf nus will provldtt ~1116 nIIlD of IngTCQ aNl egrt!S$ of flood 'NtIt6
667 relIlzJv. to tU "'* qfriM o/~ or
668
669 b. Havo a lTlitmmlfll of two openings with a total net area otoot less than one
670 square inch for every square foot of 1Q)t"~osed area JUbjcct to flooding. The
671 bottom of all opeaiDss shaD be DO bisber than one foot abovo grade. 0peaiDp
6n may be equipped with ICfeent. louven. valves or other ~ or devices
673 provided tha% they permk the automatic eatry and eUt of floodwater.
674 ~
675
676 2. Manufactured homes abaJJ also meet the standards in Section 5.4.
6n
678
619 5.J STANDARDS FOR UTILITIES.
680
681 A. AD new and replacement water supply and sanitary sewage systems shall bo dcsianed to
682 miAirnf g. er Aliminll18:
683
684 1. Infiltration offlood waws into the sym:ms, and
68'
686 2. Diacharge from the systems into flood WlItetI-
687
688 B. Oa-aito waste cIiJpolll1 systemS shall be located to avoid impairmem to them, Or contRmin~tion
689 1tom them during floodiDJ. .
690
691 ~STANDARDSFORSU:SDlVISIONS. k ~ ~ ~~ GwJ4~:
692
693 A All preHminAry subdMsion proposaII ahaIl id~ tho flood hazard area and the elevation of
694 thobuetlood.
695
696 B. AD lUbdivWon plana will includu the elevation of proposed ltrUdUr'C(a) aDd pad(s). If the site is
697 1ilJed abOYe the base flOod elevation. the lowe!l floor and pad elevBticma sbaIl be c:ertified by a
698 registered pro~ eagineer or SUMl)'Ot and provided to the Floodpl.w. Administrator.
699
700 C. All subdivision proposalJ sbaI1 be conaiatent with the need to )11inimi_ flood damasa
101 .
702 D. AD subdMsoa proposals ahaIl have public utilities aDd &c:iIltics such as aewer. gas, e1~ca1
703 and water systemS localCd and c:oastrocted to minimize flood damage.
704
70S Ii AD subdivisions shall provide adequate drainaae to rcdu~ e:xpo8UI1t to flood bazarda.
706
1"
0;~20-98 02:48 ~M FROM CITY OF WINTER SPRGS
ITEM C
P27
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
72J
724
T2S
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
\ a 741
. ~ ~ 742
W 743
T.. 144
(JI' 7451
V3~ ~.%~ J
oPr ~48
749
750
751
752
753
754
755
756
757
758
759
S.4 STANDARDS FOR MANUFACTURED HOMES.
A. All manufacn1rod homca that IU"O pl~ or subatantialJy improved, within Zones Al-30. AH.
and AB OD tho community's Flood Insurance, RAte Map';:J ositcs located
1. Outside ot & rnRm,f"r-t'Jred ~~o,p~r subdivilicn, \ ~ ~
-~ n //!
2. In a new m8m.rlKture~thcime park or . on, ~ ~ __
3. In an..cllCD8OSi 0 an existing manu1ictured homo park or subdivision, or --
~-------- . /,/
t 4. In an ~ mauufiaurcd home park or subdivision on a site upoD which a
7aured home baa incurred -sub8taatial damage" as the result of a flood,
Sball be devated on a permanent foundation such that the lowest floor o!the IJW1Uiac:tured home is
elevated to er _vel &be he. iua ele-.atieB {1II1<<11t DIN allrl 01111 MJ/I'If<<t /HI fllH1w tIu1 btIU
fli>>tl MwztIonJ1' lIDd be aec:urely fUtened to an adequately anchored foundation system to ream
tIowion coDapee and.Iatcnl movcmem.
B. AD manufacn1rod homes to be placed or subatantiaUy improved on sites in an existina
mAmIfllcrored home parle or subdiviaion within Zooea AI-3D, AH. AE on the COIIIDWl1ity's Flood
Inmranco Rate Map that are not subject to the provisions otparagraph 5.4 A will be securely
fastened to an adequately ancborod foundluion system to resist flotation collapse and latera!
IDC\'eZDeDt, and elGV&tocl JO tha% either the
1. Lowcu floor oftbe mAmm.ctured home is at at ~e\'8 Yte sese ileed {ttt lbZSt OM rmsl \01..,1
Dill! iudI' f~ ~ abUH tJu blU8 flood dewstionjA. or -1 v - ~
2. Mamz1haured home c:hassia is supported by ~rccd piers or other fOundation > ry~ f
~ or at least equivalent strength that are no lesa than 36 inches in heigh~ above \J f;J S J ~
"'8tr11ft111f'1M1 ?iJb ~'
5.! STANDARDS FOR RECllEATIONAL VEHICLES. AIl rccreazional vehicles p~ on sites within /'
Zones AI-3D, AH. AO and AX 011 tho community'. Floocl Insuraac:o Rate Map will tithtt: , ~
A Be OD the site for fewer than 180 coalteCUtive day&. or be t\:lIIy lkensed and ready for highway ~ - . ~
use - a recreational vehidc is ready for highway UI8 ifit Is on its wheels or jac:kfng system, is t.J} ~-
attad1ed to tho sito only by quick ~ type utilities and security devices. has no permancmly I \ I
att.acQed adaltioaa, .ps Iep/ly IialaMtl MIlIIU~r .,v 6 . ·
B. Mecc the permit ~ ofS~on 4 of this ordiaanc;o and tho devation and anchoring
requitemcn for l"'....ri\,~ homes in Section 5.4 A.
.~iri
!.IS lLOODW A n. Located within areal of special tIood hazard embliahed in SectioD 3.2 are 8J'1lU
desigDated u tIoodways. Since the tJoodway is an 8Xtremely haDrdous area due to the velocity offload
watcrI which c:any dcbria. potcmia1 projectiles, and erosion potential. Hie AlH9Wies fH'9\ HfteM 1lIJ'P'ly.
(note: attach .ef1Cl'O<<hfTHfnt3... · right after the word ....potentiJJ/j
ft_ Pfoehi9i1 CI1a'1)l)CbmczJts. including fill. new ~~on. substaUtial improvement. and othflf'
new developmeoc 1I.Iulq ~ pmhtbrtlld .ae eeRit:leesies ~. a regiSlerel! preu."ne! eegifteer or
arM;tuI HI Y'.3. AlIH 8J1l!!:88Ir&fHt8 t:hM eMreaGRmestS .L._l1 Me rMlll ill my mGR.' is [tlse DDH]
ileelt elCl'-.liS811W'ift& 1M 88llt!ftMDe cfliio ~aee assa 8!gehlup.
16
". 04;...20-98 02:48 PM FROM CITY OF WINTER SPRGS
760
161
762
163
764
165
766
761
S j. (]v 768
\'\ tJ\ 769
~
m
n4
ns
776
m
TT8
779
180
181
782
783
714
785
186
181
788
719
790
791
792
793
794
795
796
797
798
799
800
801
802
803
804
SO,
806
807
80S
809
810
811
~=;:~~~~':~~e==l~~_~=:;Z~~pesed
5esHea $.
sxcnON 6.0
~ABIANCE PROCEDURE
6.1 NATURE OF VAlUANCltS. The ~ aiteria set forth in thiJ section of tho ordiIw1cc aro bued
on the senmal prineiple ~ that variances pertain to a piece of property and arc not personal in
nature. A ~ may ~ fOr a parasl of property with physical cbaracteri.stica so unuaua1 that
comp1yiQg with tho requirem.e:DrI ofthia ordinance would aeato an exceptional hardahip to the applicant or
the aurroundiDs propatY owners. 'I'ha ~ muse be unique to the propertY and not be shared by
adjaceat parceJs. The unique chanaeristic mus& pepsin to the laDd iuel( net to the suucture, its
iDhabiwJu.ortheproperty~~~ ~~~ ~
Xl Is the duty otthe rJ~ nf"W;nt~ ~prinp ~W1tiItg bl#yJ to help protect itJ citizeua from fiooding. This
need iJ,lSO CC\~"'8 and the impltClliona of the ~ otiIJlUring a suucturc built below flood level are so
serious that varian~ from the flood eJevmon or itom ot!ier requircmClDU in tho 600d ordiDance are quite
rue. [Tho JoDi term goal of~ and reducinS flood losI and damap an only be met ifvarlancea are
strictly limited. 'I'hetefcre..the ~ance suid~- provided in this ordinanco an mare detailed met comain
multiple proviaiona that mUst be met before a variance can be properly gnnted. The criteria are designed to
sc:reeI1 out thoso siNationn in whidl aJtemativel other than a~e an more appropriate.
~t.wJ> ~~ VA1U~c..6
U .APPEAL BOARD.
}.
A. In puaiDg upon requests ibr variances. the r~ Cnmmillllinn fg~ lItH#y/ aba1l ~nsider
aU teelwical evaluations. all relevant ~ standards specifiecl in other sec;;Uons of this ordinance,
and tho:
1. Danget thai materia1I fD4Y be swept oato other land. to tho iDjuty of others;
2. Danser oC1it8 and picpert)' due to tloodlng or erosion damage;
3. Susceptibility oftl!e proposed faQliry and ita comentS to flood damage and the ettea of
such damap on tho ex:iRing individual owacr and fUture owners of the property;
?
4. Imponmce of the services provided by the proposed W::ility to the c:ommunity.
G ~eccsaity to tho fadlity ot a water.ft-om location. where applicable;
6. AyailabilitY of ahemaive 1oc:ations fOr the proposed use which &to nol subjca to
ftooding or erosion cIamap;
7. Co~ of the propoaed use with B:dsdna and anticipated development;
8. :P~A';~ of1he proposed use to the compreheosive plan and fioodpJaiD
m~.vmem program format area;
I~
9. Safety of accea to the propertY in time otftood 1br ordinaIy and ~ vehides;
10. Expected beisftts. wloQ1y. duration. rate ofriao. and sediment tnuUlpoIt oCthe tlood
waterS expected ac the site; and
17
ITEM C
P28
~
..04-:20-98 02:48 tM nOM CITY OF WINTER SPRGS
ITEM C
P29
812
813
814
815
816
811
818
819
820
821
822
823
824
825
826
827
828
829
830
831
832
833
8J4
835
836
831
838
839
840
841
842
843
844
845
846
147
848
849
8$0
851
852
853
8S4
ass
856
8$7
858
859
860
861
862
863
11. CoStS of providing aovunmcntal services durlns and after flood conditions, inc1udina
maintenance and repair of public utillUoa and fh,.,ilm- such u 58Wet'. gas. electrical, and
water system. and llU'eetII and bridges.
B. Asy ,,,sHeelIS wham a wriaBee is ifOOled shadl be gfvee written aaueo eover cbe:!ipau-e ef
a ee~ity eilleiallMt
1. The islu8Bee ef a ~e 19 GeMN8I1 RNeftiR ~.w m. bile feell18'1.'el will fefl:tlt
iB _Ml_ p. iaWm .&Me for ilee6i i!lSweee \tP te ame4HltS 88 !!lip ItS gS re, S 1 gQ 91
iBsuftmee ee...eraga, aed
2. g.-all ee~eJl Belew tM Beel Seelllevci merillWltS riBha te life - pfe~. It it
~~~ ~:ed Yt8I a ~ eftfteBe1iee aheD H.eeerie6 &ytheFJaedpleiBA..I-iRi b..der
. G eftM {HMlff1} R.ceer8er aM ~ 'Be feeoPtled it! a - ..or 18 t:Mt it appeers
iB 1M e1.. :- eilitle aCme .8.'. pareel all~"
G. Ii. The Ploodplaizl Adminlltt1"i\Or willl1lJlimJlm a record of an variance actioDll, iDduding
juatification fot their issuance, and report such ~ iaued in its biamial report submitted to
the Federal ~ Adminimati01l, Pederal Emergency Mmage:nent Agcrq.
6.3 CONDmON'S :rOR VARIANCES.
~ ~r:' ::::; IflWj be.ed ~r aew e~tieBeRt N8Riflsill1 ~~~ ~~ ~
II ~ __ _Ie eo _081'. ell. a let ef 9ftB W~ et ~~ ~ ~~e::!:= t=
~i;y ~~....... __ ~04 ~"DW IIle _ 8~04~ ~~~
___~~ II f Seell9llS 1 &B8 S oi1ilis e. ~r- re have eaoft ~'..~~~~Cl~ ~..:~~ DEl
iYRaselll~ aed 888 Wacre. m. .wBeeI j'dJbB811tteR l'e~N fer is!7':'" the ~
iDefeatlt:
& b. Variances mtrJ be issued fOr tho repair or rchabiliwion of"llistoric ItrUcmres" (sa defined
in Sedion 2 ofthia ordinance) upon a determiDation that the proposed repair or rehabilitation will
DOt preclude the szructUI8'1 con%inued desirrion as an histetic suudun and the variance is the
mirnmllm necessary to preserve tho historic dlaracter and design of the suuaura.
b: B. VarianceS shall not be ~ within my mapped regulatory floodway. if~ msI'98B' is
ileelllV1..11 -ills lito '!lese aoOf! 8is~a.a wlNlll ~ .
Dr J:.. V~ aha11 only be issued upon a determination that tho variance is the -yninimum.
necessary'" considering me t100d hazard. to aftbrd reIie! ~"imum necessary- mana to afford
rdid'With . mi>\imnm of deviation 1hnn the requirements oftbis otyfinA=:a. Per ~le, iB the
==:~;: eIewliea ~":'Imeet. tIlia IM8M \Jte [ggt6'ffilf8.h~ !lllli.Bet grllfll
_ ,ied ta lNiltl at greeD. or e\'8Il CO ...-Mt~ ~ ~~ ~~~=
Nl-;;; "'-;~w8ieft ~ ff#t...,,;,., jS4/Jj eeitwt ~ lieU! ~ JUef" plUCrve
me iRll.~ eim.leIllll8~AlYlOe.
~
;~
p~
~, ~
1. Showma of good and Il,~clml aIU58;, )
:2. Determbwion that tai1ure to gram ~ would result in exceptional "bardsbip- / ,
(aad_In_2ofthis )1o~ii4J ,,~
'--~ ~~~
~
&- 12. VarianceI shaJ1 only be isIucd upon a
18
ITEM C
~,OA~20-98 02:48 ~~ FROM CITY OF WINTER SPRGS
P30
864 3. Determination that tho gramiag of a variaDce will ~ rau1t in increased dood heighu,
86' additionaJ threats to pubJj, safety, or extraerdinary pubU, expense, cnate & mt;~"~ (as
866 defined in Sectiou 2 - see "Public we&)' or llaiAace"). <:auso thwd or vil4irm7"UOll (81
867 defined in Section 2 ) of tho public, or coctJict with c:mtins local1aws or ordf:aancea.
868
869 ~ :a. V~ may be iuued for aew ~ subttamia1 improvement. and other proposed
870 Dew development necaaaty tot the con.duct of a 1bndionaIly dependem use provided that the
871 provisianJ of SectiOXll 6.3 A through 6.3 0 U sre ~Ji!ed II1d that the stnu:ture or other
m dsveIopmeut it prmeaed by methods that minimi70 fiood damaaea during the base flood and does
873 not result in additional threw to public aar.y and doea not c:rcate a pubU, mtipnq.
874
875 G- L Upon conaidctaticn otthe &aotI of Sec:tion 6.2 A SI1d tho pwpoaea of this ordinance. the
876 CJ:x. pl!rNlltf j~' may anach such conditiona to tho sraaaas ofvuiancea as it deems
877 n~ry to duthcr the purposes oftbit ordinaace.
878
879 fII#M
Ii
I~ fS
~ _/
~~ ~..
· 111/ . wY'
~ VVy rn)~'
~. ~
~{;1~
. .
'I
19
. .