Item J2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 15, 2005
Division:
Gro\Vth Management
Bulk Item: Yes
No ....L
Department: N! A
Staff Contact Person: Timothy J. McGarry
AGENDA ITEM WORDING: Discussion and conceptual approval of a proposed amendment to floodplain regulations to
allow for partially enclosed below base flood enclosures of more than 299 square feet subject to specific limitations and
annual inspections.
ITEM BACKGROUND: At its regularly scheduled May 18, 2005, meeting, the Board requested the staff to prepare draft
amendment language to allow for below base flood structures of greater than 299 square teet. The existing floodplain
regulations restrict all downstairs enclosures to only 299 square teet. which was adopted in response to the Implementation
Plan for the Monroe County Flood Insurance Inspection and Compliance agreed to between the Federal Emergency
Management Agency and the County.
The purpose of this limitation is to discourage unpermitted improvements and unauthorized use of these downstairs
enclosures as the four-year statute of limitations and legal restraints on enforcement of the floodplain regulations make it
very dit1icult for the County to comply with the participation requirements of the National Flood Insurance Program.
Unfortunately, these strict requirements make it impossible to build large garages to park more than one vehicle. Many
property owners would like to be able to park their vehicles and store other large outdoor equipment under roof.
The proposed amendment would allow downstairs enclosures of greater than 299 square feet subject to the following
conditions: 1) only three sides of the enclosure may be fully enclosed with any opaque fa<;:ade to provide an opening for
easy visual inspection of the downstairs enclosure by County personnel; and 2) an easement wiII be required to be placed
on the property that gives County personnel the right to visually inspect the downstairs enclosure at least once a year. A
special permit fee to cover the costs of the inspections will be charged.
At this time the staff is only asking for conceptual approval in order to move fonvard to prepare the ordinance language and
initiate the approval process. This amendment must go through the standard process for amending the Land Development
Regulations and approval by FEMA.
PREVIOUS RELEVANT BOCC ACTION: N!A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
No approvals needed.
BUDGETED: Yes N/A
SOURCE 01<' .FUNDS: N! A
No
TOTAL COST: N! A
COST TO COUNTY: N!A
REVENUE PRODUCING: Yes N/A No AMOUNT ER MONTH N/A Year
APPROVED BV: Coun'y A'ly -"L O(If~'~,
IllVISION DIRECTOR APPROVAL: \. . f \
DOCUMENTATION: Included X
o ",. McGarry, AICP
DISPOSITION: AGENDA ITEM #
Revised 2/05
PROPOSED AMENDMENT TO
FLOODPLAIN REGULATIONS
TO ALLOW FOR PARTIALLY ENCLOSED
BELOW BASE FLOOD ENCLOSURES
GREATER THAN 299 SQUARE FEET
1. Section 9.5-317(b)(1)d.(i): Only a maximum of299 square feet of the space shall
be enclosed with opaque materials. Any remaining portion of an enclosed area of
more than 299 square feet shall only be enclosed with screen or lattice. The
limitation on the maximum of 299 square feet of enclosed space may be exceeded
pursuant to (x) below. This limitation shall not apply to parking of aircraft
beneath residential building abutting Airport Districts. Areas of 300 square feet or
more, enclosed with opaque material existing on the effective date of this
ordinance shall be deemed conforming as to the provisions of this paragraph;
however, such enclosures shall not be expanded or substantially improved unless
they are brought into compliance with this division.
2. (New) Section 9.5-317(b)(1)d.(x): The 299 square feet maximum limitation on
enclosed space may be exceeded provided that fayade walls are constructed on no
more than three sides of the exterior perimeter of the building below the elevated
floor and the perimeter of at least one exterior wall spanning from the most outer
column to the opposite most outer column is left open or enclosed only with
lattice or screen. This opening and the configuration of the downstairs enclosure
shall be constructed so as to allow for visual inspection of the entire interior of the
enclosure from outside the enclosure. Prior to issuance of any building permit for
construction of the enclosure, an access easement, approved by the growth
management director and county attorney, shall be filed and recorded in the
Official Records. This access easement shall grant unrestricted entry on the
property to county growth management division personnel during regular
business hours to conduct compliance inspections from outside the enclosure.
Said compliance inspections shall be conducted at least once per year.
[Please note: Draft language only, requires further staff and legal review.]