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HomeMy WebLinkAbout2007 12 10 Public Hearing 507 First Reading Ordinance 2007-32 Amends Chapter 8 - Flood Damage PreventionCOMMISSION AGENDA ITEM 507 December 10, 2007 Meeting CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR MGR /DEPT ~G'~ Authorization REQUEST: The Public Works Department - Stormwater Division requests the City Commission approve on first reading Ordinance 2007-32 which amends Chapter 8 -Flood Damage Prevention. PURPOSE: The purpose of this Public Hearing is for the City Commission to consider adopting Ordinance 2007-32, which proposes changes to Chapter 8 -Flood Damage Prevention consisting 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 Authority, Chapter 166, Florida Statutes 2. City Code: Chapter 8 -Flood Damage Prevention CHRONOLOGY: February, 2006 -FEMA issued preliminary versions of proposed new Flood Insurance Rate Maps September 28, 2007 -FEMA officially issued new Flood Insurance Rate Maps Nov. 25, 2007 -Public Noticing in Orlando Sentinel of LPA Public Hearing Dec. 5, 2007 -LPA to hear the request and make recommendation to the Commission CONSIDERATIONS: • Ordinance 2007-32 amends Chapter 8 -Flood Damage Prevention to officially adopt the new flood maps and to make several other related administrative changes. No policy changes are proposed by Ordinance 2007-32. December 10, 2007 Public Hearing Agenda Item 507 Page 2 of 3 Flood Insurance Rate Maps are created by FEMA to illustrate the limits of the Special Flood Hazard Area, which is defined as an area of land that would be inundated by a 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 "100-year flood." The Special Flood Hazard Area is more commonly known as the "100-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. December 10, 2007 Public Hearing Agenda Item 507 Page 3 of 3 STAFF RECOMMENDATION: Staff recommends that the City Commission approve on first reading Ordinance 2007-32 which amends Chapter 8 -Flood Damage Prevention. IMPLEMENTATION SCHEDULE: Dec. 10, 2007- City Commission First Reading of Ordinance 2007-32 Dec. 27, 2007- Public Noticing in Orlando Sentinel for 2°d Reading (10 days prior) Jan. 14, 2008- City Commission Second Reading /Adoption of Ordinance 2007-32 ATTACHMENTS: 1. Ordinance 2007-32 COMMISSION ACTION: ORDINANCE N0.2007-32 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 ofthe City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the 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 of the 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 east type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance oftext existing City of Winter Springs Ordinance No. 2007-32 Page 1 of 6 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 ofthis ordinance): CHAPTER 8. FLOOD DAMAGE PREVENTION ARTICLE I. IN GENERAL Section 8-1. Definitions. *** Area of shallow flooding. A designated A$; AH;~r-~~ 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 maybe evident. Area ofspecial flood hazard. The land in the floodplain within a community subject to aone-percent or greater chance of flooding in any one (1) given year. This term is synonymous with the phrase "Special Flood Hazard Area (SFHAL Base flood. The flood having aone-percent chance of being equaled or exceeded in any given year !also called the "100-year flood" and the "re ug lator~flood"). Base flood elevation. The crest elevation in relation to mean sea level (MSL) (using N~n~ti• 6eed~tiz North American Vertical Datum of 1988 - NAVD 88) expected to be reached during a flood which encompasses the regulatory floodplain. **~ Elevated building, Anon-basement building built to have the lowest floor elevated above the rg ound level by foundation walls, posts, piers, columns, pilings, or shear walls. *** Existing construction For the purooses of floodplain management existing construction means the structures for which the start of construction commenced before the date of the initial Flood Insurance Rate Map (FIRM .For the purpose of determining 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 of 6 structures." *** Freeboard. The additional height, usually expressed as a factor of safety in feet, above a flood level for purposes of floodplain management. Freeboard tends to compensate for many unknown factors such as wave action bridge openings and the h d~rolo~ical effect of the urbanization of the watershed that could contribute to the flood he~hts greater than the height calculated for a selected frequency flood and floodway conditions. *** Lowest adiacent grade. The lowest elevation of the ground, sidewalk, patio, deck support 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 moping various elevations within the floodplain. For purposes of this chapter, the term is synonymous with North American Vertical Datum of 1988 (~16~vLB NAVD 88). *** North American Vertical Datum of 1988 (NAVD 88). The vertical control used as a reference for establishing varying elevations within the floodplain. *** Special flood hazard area (SFHA). The same area of the special flood hazard and shown on the FIRM as Zone A, ~; AE~99 & AH. *** City of Winter Springs Ordinance No. 2007-32 Page 3 of 6 Water surface elevation. The height, in relation to the North American Vertical Datum of 1988 (~F6~B NAVD 88) 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 ~} ef~te-Federal Emergency Management Agency (FEMA) in'~ the Flood Insurance Study (FIr4S)u for Seminole Countv dated September 28, 2007 arrel with the accompanying Flood Insurance Rate Map (FIRM) and other supporting data #hao~ and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be a part of this chapter. The FIS and FIRM atbe '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. tThe stttclp FIS FIS and s 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 of the floodplain administrator. Duties of the 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 of the 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) calendardays ofestablishment ofthe lowest floor elevation or floodproofing by whatever construction means, it shall be the duty ofthe 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 maybe changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors maybe corrected and additions, alterations, and omissions, not affecting the construction or meaning of this 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 of this 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 of 6 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 of 6