SUBJECT/RECOMMENDATION:
Title
Approve amendments to the Clearwater Community Development Code repealing and replacing Chapter 51 Flood Damage Prevention and amending Chapter 47 Buildings and Building Regulations to adopt new floodplain management regulations utilizing the Florida Department of Emergency Management’s (FDEM) model ordinance and pass Ordinance 9189-18 on first reading. (TA2018-07004)
Body
SUMMARY:
Proposed Ordinance 9189-18 represents the first significant update to the City of Clearwater’s floodplain management regulations since they were adopted in 1980. The City manages and regulates activities and development in its floodplains through provisions in Community Development Code Chapter 51. Flood Damage Prevention, and to a lesser degree in Chapter 47. Buildings and Building Regulations. Since then, a few minor amendments have been made, but most of the regulations remain unchanged.
The primary reason for updating the floodplain management regulations is to ensure that the City’s regulations comply with and are consistent with the Florida Building Code (FBC). The Florida Department of Emergency Management (FDEM) developed a model ordinance approved by The Federal Emergency Management Agency (FEMA) which incorporates the updated FBC requirements that became effective with the 2010 edition and satisfies the requirements of the National Flood Insurance Program. Proposed Ordinance 9189-18 also addresses city-specific needs by including additional requirements for the purposes of participating in the Community Rating System (CRS) and to gain points and reduce flood insurance rates.
Chapter 51. Flood Damage Prevention
The new Chapter 51 is organized into three Articles, as summarized below:
Article I. Administration:
• Includes general provisions such as scope and intent of the Floodplain Management Ordinance and a disclaimer of liability;
• Establishes that the chapter applies to flood hazard areas, and details the duties and powers of the Floodplain Administrator, which is the Community Development Coordinator;
• Requires permits for any development activity within the scope of the Ordinance;
• Sets forth exemptions, application procedures, site plan requirements, rules for inspections, and the process for variances; and
• Establishes what constitutes a violation.
Article II. Definitions:
• Includes the definitions for terms that specifically apply to this Ordinance, adding numerous new definitions to the Ordinance, deleting certain terms no longer applicable or referenced within, and making some substantial modifications to terms in the section.
Article III. Flood Resistant Development:
• Establishes the requirements for flood resistant development including limitations on development specifically in floodways, isolated wetlands and preservation areas, as well as where compensatory excavation is required for development outside of floodways;
• Includes additional requirements for buildings, structures and facilities that would otherwise be exempt from the FBC;
• Sets forth requirements for subdivisions, site improvements and utilities, manufactured homes, recreational vehicles and park trailers, the placement of underground and above-ground tanks, and hazardous materials; and
• Includes general requirements for other development including fences, retaining walls, sidewalks, roads and watercourse crossings, parking pads, enclosed floors landings, decks and similar nonstructural uses, nonstructural fill, in both regulatory floodways and coastal high hazard areas.
Chapter 47 Buildings and Building Regulations
Proposed changes to Chapter 47 include certain amendments to existing language as well as the addition of a new section as follows:
• Updates language to bring consistency between this chapter and the proposed changes to Chapter 51, specifically regarding minimum floor elevations as well as adoption and enforcement;
• Adds a new section containing administrative and technical amendments to the FBC addressing multiple disciplines (e.g., Residential, Existing Building, and Building) to be consistent with the amendments of Chapter 51, including requiring declaration of land restriction (nonconversion agreement) for residential (one- and two-family) buildings; revisions to substantial improvement definition to incorporate when the one-year period begins, bringing consistency throughout City codes; removing exception in ASCE 24 by disallowing stem walls in Coastal A Zone; amending elevation requirements to require elevation to or above the base flood elevation plus two feet, where one foot was previously required; and requiring open foundations in the Coastal A zone.
Higher CRS-Related Standards
As mentioned previously, Proposed Ordinance 9189-18 includes certain “higher standards”, which are not required but if adopted, they would make the City eligible for additional CRS points. The proposed increase to the design flood elevation (often referred to as freeboard) was discussed with City Council at its November 13, 2017 Work Session, while the standard regarding the Coastal A Zone is newly proposed for City Council consideration.
FEMA recently released updated preliminary Flood Insurance Rate Maps (FIRMs) for Pinellas County, which are anticipated to be effective sometime in 2019. The preliminary FIRMs identify the Coastal A Zone, which is an area where waves can reach between 1.5 and 3 feet in height (the V Zone includes areas where waves are 3+ feet in height). FEMA uses a line called the Limit of Moderate Wave Action (LiMWA) to identify these Coastal A Zones [see first FEMA Fact Sheet (Coastal Flood Risk Information and the Limit of Moderate Wave Action)]. Coastal A Zones have not previously been depicted on the FIRMs for this region.
Specifically, Ordinance 9189-18 proposes to apply the same limitations applicable to the V Zone to the Coastal A Zone, which is a recommended best practice, including the prohibition of floodproofing as an option for commercial structures. FEMA has found that wave heights as small as 1.5 feet can cause significant damage to coastal structures not built to withstand these hazards, and although it does not impose requirements based on the LiMWA line, FEMA encourages building to V Zone standards within the Coastal A Zone. This would yield the greatest number of CRS points to the community, but there are other options that would also qualify for a lower number of CRS points which City Council could consider. These are summarized in the second FEMA Fact Sheet (Using the Limit of Moderate Wave Action (LiMWA) to Build Safer and Stronger Coastal Communities).
The Coastal Construction Code for Pinellas County already establishes “Zone 2” which is the area extending 300 feet landward of the coastal construction control line. The FBC establishes higher standards for construction within this Zone, such as requiring pilings and break-away walls, similar to the requirements for construction within the V Zone; however, there may be opportunities for floodproofing within Zone 2 which is prohibited in the V Zone. While there is likely significant overlap between the Zone 2 and portions of the new Coastal A Zone area on the beach, there are also portions of the beach outside of Zone 2 and the mainland waterfronts that will have the Coastal A Zone applied. Staff will provide maps of FEMA’s preliminary Coastal A Zone to City Council at Work Session.
The Planning & Development Department has determined that the proposed text amendments to the Community Development Code are consistent with and further the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report. The Community Development Board (CDB) unanimously approved the proposed amendments at its regularly scheduled meeting on September 18, 2018.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A