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Home My WebLink About2008 01 03 Public Hearing 500 Ordinance 2007-32 Flood Damage Prevention PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY ITEM 500 Consent Informational Public Hearin Re ular x January 3, 2008 Meeting REQUEST: The Public Works Department - Stormwater Division requests the Planning & Zoning Board / Local Planning Agency hold a Public Hearing related to Ordinance 2007-32 which amends Chapter 8 - Flood Damage Prevention. PURPOSE: The purpose of this Public Hearing is for the Planning & Zoning Board / Local Planning Agency to consider proposed changes to Chapter 8 - Flood Damage Prevention. The proposed changes consist of the adoption of new flood maps recently issued by the Federal Emergency Management Agency (FEMA) and several administrative revisions. APPLICABLE LAW AND PUBLIC POLICY: Florida Municipal Home Rule Powers Act. Section 166.041(3)(c). Florida Statutes. Winter Sprin2s Charter Section 4.15 Ordinances in General. Winter Sprin2s Section 20-57. Duties ofthe Planning and Zoning Board. CHRONOLOGY: September 28. 2007 - FEMA officially issued new Flood Insurance Rate Maps Dec. 10.2007 - City Commission Approved First Reading of Ordinance 2007-32 Dec. 20. 2007 - Public Noticing in Orlando Sentinel ofLPA Public Hearing Jan. 3. 2008 - LP A to hear the request and make recommendation to the Commission CONSIDERATIONS: . Ordinance 2007-32 amends Chapter 8 - Flood Damage Prevention to officially adopt new FEMA flood maps and to make several other related administrative changes. No policy changes are proposed by Ordinance 2007-32. . Flood Insurance Rate Maps are created by FEMA to illustrate the limits of the Special Flood Hazard Area, which is defmed as an area of land that would be inundated by a January 3, 2008 P&Z/LP A PUBLIC HEARING AGENDA ITEM 500 Page 2 of3 flood having a 1 % chance of being equaled or exceeded in any given year. The 1 % flood is also referred to as the "base flood" or "IOO-year flood." The Special Flood Hazard Area is more commonly known as the "lOO-year floodplain" or more simply as the "flood zone." The flood maps show the horizontal limits of the 100-year floodplain, and in most areas the flood maps identify the flood elevation expected to be reached during the 1 % flood event, which is known as the "base flood elevation." . On September 28, 2007, FEMA officially issued new Flood Insurance Rate Maps for all of Seminole County including the City of Winter Springs. The new flood maps were issued in preliminary form in February 2006, and the final maps are unchanged from the preliminary maps. . The Flood Maps covering Winter Springs were last updated in 1995. The new Flood Maps have been updated to reflect the development and other natural changes in the environment over the past 12 years. The new Flood Maps are more accurate and support a flood insurance program that is more closely aligned with actual risk. . The new Flood Insurance Rate Maps are available for viewing on the City's website, www.winterspringsfl.org, under "Public Notices" and "FEMA Flood Modernization Information." The new flood map is also posted in the lobby at City Hall. . Staff performed a detailed review and comparison of the new Flood Insurance Rate Maps to the old maps and found that: o Approximately 250 properties that were previously outside the Special Flood Hazard Area (SFHA) appear to be either partially or fully within the SFHA under the new map; o Approximately 405 properties appear to have been removed from the SFHA; and o Approximately 985 properties that were in the SFHA appear to still be in the SFHA (no change) City property owners affected by the Special Flood Hazard Area have been mailed notices indicating whether their property has been added, removed, or remains within the Special Flood Hazard Area based on the new flood maps. FINDINGS: . Ordinance 2007-32 amends Chapter 8 - Flood Damage Prevention to be consistent with FEMA's new flood maps. . The adoption of Ordinance 2007-32 is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. STAFF RECOMMENDATION: Staff recommends that the Planning & Zoning BoardlLP A hold a Public Hearing related to Ordinance 2007-32, and make recommendation of Approval to the City Commission. January 3, 2008 P&Z/LP A PUBLIC HEARING AGENDA ITEM 500 Page 3 of3 IMPLEMENTATION SCHEDULE: Dec. 10,2007- City Commission First Reading of Ordinance 2007-32 Dec. 27, 2007- Public Noticing in Orlando Sentinel for 2nd Reading (10 days prior) Jan. 14,2008- City Commission Second Reading /Adoption of Ordinance 2007-32 ATTACHMENTS: A. Noticing in Orlando Sentinel B. Ordinance 2007-32 PLANNING & ZONING BOARDILPA RECOMMENDATION: ATTACHMENT A CITY OF WINTER SPRINGS LOCAL PLANNING AGENCY WILL HOLD A PUBLIC HEARINGS FOR ORDINANCE NO. 2007-32 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING, CHAPTER 8. FLOOD DAMAGE PREVENTION, CONSISTENT WITH FEMA'S NEW FLOOD MAPS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FRO SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ON THURSDAY, JANUARY 3, 2008 AT 7:00 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The agenda item may be inspected by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327-1800 #227. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-1800, Extension 236. If you decide to appeal any recommendation made by the Local Planning Agency with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. Interested parties are advised that they may appear at the meeting and may be heard with respect to the proposed ordinance item. ATTACHMENT B ORDINANCE NO. 2007-32 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING, CHAPTER 8. FLOOD DAMAGE PREVENTION, CONSISTENT WITH FEMA'S NEW FLOOD MAPS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under ~ 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Federal Emergency Management Agency ("FEMA") has undertaken an effort of flood hazard identification and mapping to update Flood Insurance Rate Map ("FIRM") in order to illustrate the limits of the Special Flood Hazard Areas in the City; and WHEREAS, the City-wide version ofthe Final FIRM Floodplain Map of Seminole County and Incorporated Cities, including the City of Winter Springs became effective on September 28, 2007; and WHEREAS, the City recognizes that the Code should be updated to incorporate the changes in the FIRM; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests ofthe public health, safety, and welfare ofthe citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings ofthe City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code Chapter 8. Flood Damage Prevention is hereby amended as follows (underlined type indicates additions and stt ikcont type indicates deletions, while asterisks (***) indicate a deletion from the Ordinance of text existing City of Winter Springs Ordinance No. 2007-32 Page 1 of6 in Chapter 8. It is intended that the text in Chapter 8 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): CHAPTER 8. FLOOD DAMAGE PREVENTION ARTICLE I. IN GENERAL Section 8-1. Definitions. *** Area of shallow flooding. A designated Ae; AH, 01 va zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. Area of specialflood hazard. The land in the floodplain within a community subject to a one-percent or greater chance of flooding in anyone (1) given year. This term is synonvmous with the ohrase "Special Flood Hazard Area (SFHA)''' Base flood. The flood having a one-percent chance of being equaled or exceeded in any given year (also called the "100-year flood" and the "regulatory flood"). Base flood elevation. The crest elevation in relation to mean sea level (MSL) (using National Gc;odc;tiG North American Vertical Datum of 1988 - NA VD 88) expected to be reached during a flood which encompasses the regulatory floodplain. *** Elevated buildinf!. A non-basement buildinl! built to have the lowest floor elevated above the ground level bv foundation walls. posts. Diers. columns. Dilings. or shear walls. *** Existinf! construction. For the pumoses offloodolain manal!ement. existinl! construction means the structures for which the start of construction commenced before the date of the initial Flood Insurance Rate Map (FIRM). For the oumose of determininl! rate structures. existing construction means the start of construction commenced before the effective date of the first FIRM or before January 1. 1975. for FIRMs effective before that date. This term may also be referred to as "existing City of Winter Springs Ordinance No. 2007-32 Page 2 of6 structures. " *** Freeboard. The additional height. usually expressed as a factor of safety in feet. above a flood level for pur:poses of floodplain management. Freeboard tends to compensate for many unknown factors such as wave action. bridge openings. and the hydrological effect of the urbanization of the watershed that could contribute to the flood heights greater than the height calculated for a selected frequency flood and floodway conditions. *** Lowest adjacent f!rade. The lowest elevation of the l!round. sidewalk. patio. deck suooort or basement entryway immediately next to the structure. after completion of construction. *** Mean sea level (MSL). The average height ofthe sea for all stages of the tide. It is used as a reference for establishing varying various elevations within the floodplain. For purposes of this chapter, the term is synonymous with National Ge,ode,tic North American Vertical Datum of 1988 (NGVD NA VD 88). *** }{ufiuHul Geode!;" V~";"ul Datum (NGVD). As e,oHccte,d in 1929, NGVD is a ve,rtkal conn 01 nscd as a IcfcICllCe, rOI e,stablishing varying d.~vations ~ithin the, floodplain. North American Vertical Datum of 1988 rNA VD 88). The vertical control used as a reference for establishinl! varying elevations within the floodolain. *** Special flood hazard area (SFHA). An a1e,a having The same area of the special flood hazard and shown on the FIRM as Zone A, AI--AI0, AE;-*99 & AH. *** City of Winter Springs Ordinance No. 2007-32 Page 3 of6 Water surface elevation. The height, in relation to the National Ge,odGtie, North American Vertical Datum of 1988 (NGVD NA VD 88) of 1929, (01 othGl d.rtnm, ~h"l" ~pcdfkd) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. *** Section 8-5. Basis for establishing areas of special flood hazard. The areas of special flood hazard identified by the F.::.dcl al In~tU at}"" Administt c'rtion tFIAJ ofthe-Federal Emergency Management Agency (FEMA) in.l1:f the Flood Insurance Study (FIA's')ll for Seminole County dated ApIil 17, 1995 September 28. 2007 and with the accompanying Flood Insurance Rate Map (FIRM) and other supporting data flood boundary atId flopd~ll' map and flood inSUIatlGe, late, map and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be a part ofthis chapter. The FIS flood inSUlatl'::'G study and FIRM attGndant mapping is are the minimum area of applicability and may be supplemented by_studies for other areas which allow implementation of this chapter and which are recommended to the city by the floodplain administrator. tIhe ~ fIRMS FIS and FDrMs FIRM are on file at the city hall, 1126 East State Road 434, Winter Springs, Florida, 32708. *** ARTICLE II. ADMINISTRATION *** Section 8-32. Duties and responsibilities ofthe floodplain administrator. Duties ofthe floodplain administrator shall include, but not be limited to: (1) Permit review. Review all building and development permits to determine that: *** (4) Issuance of permit and record keeping. After ascertaining that all requirements of this chapter have been met, the floodplain administrator may issue the building or development permit. After issuance ofthe permit, the local administrator shall: a. Acquire a flood elevation or floodproofing certificate after the lowest floor is City of Winter Springs Ordinance No. 2007-32 Page 4 of 6 completed. Within twenty-one (21) calendar days of establishment ofthe lowest floor elevation or floodproofing by whatever construction means, it shall be the duty of the permit holder to submit to the city manager a certification of the elevation of the lowest floor or floodproofed elevation, as built, in relation to mean sea level. Such certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, such certification shall be prepared by or under the direct supervision of a professional engineer or architect 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 holder's risk. The city manager or designated subordinate shall review the flood elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the surveyor failure to make such corrections required hereby, shall be cause to issue a stop work order for the project. *** Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning ofthis Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions ofthis ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. [ADOPTION PAGE FOLLOWS] City of Winter Springs Ordinance No. 2007-32 Page 5 of6 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2007. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: Second Reading: Effective Date of Ordinance: City of Winter Springs Ordinance No. 2007-32 Page 6 of6