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Item U2M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting November 14, 2017 Agenda Item Number: U2 Agenda Item Summary #3324 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Ed Koconis (305) 453 -8727 3:00 P.M. PUBLIC HEARING AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County Board of County Commissioners amending Monroe County Code Section 122 -4, "Standards For Issuance Of Building Permits In Areas Of Special Flood Hazard "; providing for severability; providing for repeal of conflicting provisions; providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for inclusion in the Monroe County Code; providing for an effective date. ITEM BACKGROUND: The proposed amendment would remove the 300 square feet maximum for nonresidential new construction and substantial improvements of nonresidential principal structures, as well as nonresidential accessory structures. Developers of these types of structures have requested and received variances to the 300 square feet maximum from the BOCC, provided they meet the required conditions and relevant factors considered in Code Section 122 -5 "Variances to the floodplain management requirements." There have been 12 variance applications since 1998 and of those, 10 were for nonresidential storage /parking areas exceeding 300 SF. Staff recommended approval for all 10 because the proposed use and construction complied with the regulations governing storage and parking enclosures in special flood hazard areas and because all of the applications were in compliance with Code Section 122 -5 "Variances to the floodplain management requirements." A document "FDPO Variances — 2001 to Present" which includes this variance information is attached. Further, nonresidential development is permitted to floodproof their structures, as opposed to residential structures which are not. The County has not had issues with nonresidential enclosures becoming living area and certain non residential development, such as fire stations; public garages; and airport development need ground level enclosed storage and parking areas. FEMA has no recommended limits to non - residential storage square footages and this was not a policy required in the FEMA remedial plan developed after FEMA initiated a Pilot Program in the Florida Keys whereby residential enclosures were required to have inspections to determine whether they were illegal. The maximum of 299 square feet of enclosed area below the base flood elevation for residential construction is not being amended. The proposed amendment also addresses a scrivener's error in Section 122- 4(b)(4)b.3. whereby section 122 -3(b) is being corrected to 122 -3(c), which states the details of driven pilings for building foundations. Both sections are shown here. (b) Except for work specifically exempted under chapter 6, the building official shall require building permits /fZoodplain development permits for all proposed construction or other improvements within areas of special flood hazard. In addition to the standard requirements for a building permit, an application for a building permit for construction or improvements within areas of special flood hazard shall contain the information and certifications set forth in a form provided by the building official. (c) All building foundations shall rest directly on natural rock, on concrete piling driven to rock or on friction piling (concrete or wood) and shall be anchored to such rock support by holes, 16 inches in minimum diameter, augured into such rock a minimum depth of three feet and reinforced by a minimum of four #5 vertical rods extending up into the piers above a minimum of 18 inches and tied to the vertical steel of the pier. Wooden pilings shall be locked into 16 -inch auger foundations by at least a #5 rebar extending through the piling and three to five inches beyond. The Planning Commission recommended approval of this item to the BOCC on April 26, 2017 through Planning Commission Resolution P13 -17. PREVIOUS RELEVANT BOCC ACTION: On February 16, 1988 the BOCC approved Ordinance No. 014 -1988 adding language allowing for nonresidential accessory structures at grade elevation provided they "do not exceed one hundred twenty -five square feet (125 sq. ft.) of enclosed area and which does not exceed $3,000.00 in value." On June 6, 1989, the BOCC approved Ordinance No. 015 -1989 which amended the language to allow for nonresidential accessory structures at grade elevation provided they "do not exceed three hundred (300) square feet of enclosed area and which does not exceed five thousand dollars ($5,000.00) in value." On January 18, 1994, the BOCC approved Ordinance No. 002 -1994 which added Section 9.5- 317(B)(3)(b) to address nonresidential accessory structures independently of (principal) nonresidential structures. The size and value remained unchanged at not to exceed 300 square feet and not exceeding $5,000.00 in value. On July 26, 2000, the BOCC approved Ordinance 039 -2000 which removed the "not to exceed" value on nonresidential construction constructed below the base flood level. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: FDPO Variances - 2001 to Present - Summary Ordinance amending Section 122 Flood 300non -res sf FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Mayte Santamaria Completed Steve Williams Completed Jaclyn Carnago Completed Budget and Finance Skipped Maria Slavik Skipped Assistant County Administrator Christine Hurley 10/30/2017 3:55 PM Ed Koconis Skipped Mayte Santamaria Completed 10/27/2017 5:23 PM 10/30/2017 8:00 AM 10/30/2017 9:05 AM 10/27/2017 10:20 AM 10/27/2017 10:20 AM Completed 10/30/2017 5:50 PM 10/30/2017 5:50 PM Kathy Peters Completed 10/30/2017 5:54 PM Board of County Commissioners Pending 11/14/2017 9:00 AM November 28, 2016 FLOOD DAMAGE PREVENTION ORDINANCE SUMMARY OF VARIANCE REQUESTS 2001 TO PRESENT Summary Table below Files for all variances to the Flood Damage Prevention Ordinance since 2001 have been reviewed. U.2.a Summary Table 0 0 `m 0 m c B N N c c N m V c A O CL u. c E vt V m vt '.Pack ®t Pg'. 1649 Flood Saft of Date of Nam f �Ti�ni " alit Twe of N t m of Zone (at (Prop d) ' fj' Date of Final ion Submiss Variance S[reetAddress U­ Variance Rerjeest 'time g(' Building l Flaodproafi g Recommendation Acti °n Actin Request . req-0 '. Enclosure Breakaway walls and Recommended "Marathon 3491 South Non- otherwise consistent with Approval on 1/29/1998 Airport 2002" Roosevelt Blvd Key West Residential Size only VE 10 2,316.50 FDPO in effect at time 3/11/1998 Approval 3/11/1998 Flood vents will be installed, and will otherwise be made consistent with Florida Non- Building Codes and " Toppino" Residential Monroe County Recommended [Rockland 125 Toppino Rockland key (Accessory Floodplain Management Approval on 2/26/2001 Recycling] Industrial Drive (Key West Structure Size only AE10 2,000 Standards 3/23/2001 Approval 4/19/2001 South Conch Ave - Lot 15 - Commercial Constructed resist "Horacheck, Fishing Special flotation, lateral Recommended Thomas District (CFSD- Non- movement, etc. as required Approval on 8/15/2001 Variance" 16 ) Conch Key Residential Size only AE10 335 by ordinance 8/20/2002 Approval 9/18/2002 7/29/2003 letter suggested flood proof g of the Non- bathroom area (located in "Key West Residential 55,608 [across AE Zone), and breakaway Recommended Airport 3491 South (Accessory several walls for the adjacent Approval on either 6/18/2003 Variance" Roosevelt Blvd Key West Structure ) Size only VE11 buildings] hang. 7/24 or 7/7 2003 Approval 8/20/2003 Flood vents will be installed, and will otherwise be made consistent with Florida Non- Building Codes and Residential Monroe County Recommended 'Marathon 9400 Overseas (Accessory Floodplain Management Approval on 4/28/2005 Airport 2005'' Hgl-vay Highway Marathon Structure ) Si only AE6 -7 11,800 Standards 8 /mc /2005 Approval 9/28/2005 Structure designed as "open ended" to have no Non- garage doors for delivery Residential truck drive through. All Recommended "Overseas 30500 Overseas (Accessory lumber /supplies to be Approval on 10/3/2005 Lumber" Hgh-ay High—ay Big Pine Key Structure ) Size only AE8 3,852 stored above BFE. 11/10/2005 Approval 12/21/2005 0 0 `m 0 m c B N N c c N m V c A O CL u. c E vt V m vt '.Pack ®t Pg'. 1649 U.2.a 0 0 cr N ° o M m c m c c N m V c A O CL vt CL u. c E V vt �.Pack�t Pgi 1650 '. "Vantage Breakaway walls and Recommended Property 21460 Overseas Non- otherwise consistent with Approval on 1/7/2007 Variance" Hi hwa Cudoe Ke Residential Size onl VEH 6,842 subsection 9.5 -317 1/19/2007 Approval 3/21/2007 Flood vents will be installed, and will otherwise be made consistent with Florida Building Codes and "Key West 144,576 Monroe County Recommended Harbor 6000 Peninsula Non- [across three Floodplain Management Approval on 10/2/2007 Variance" Ave Stock Island Residential Size only AE9 -10 buildings] Standards 12/21/2007 Approval 1/6/2008 Flood vents will be installed, and will otherwise be made consistent with Florida Non- Building Codes and "Racquet Residential Monroe County Recommended Club at 212 Anchor Key Largo (Accessory Floodplain Management Approval on 4/28/2008 Ocean Reef' Drive Ocean Reef Structure Size only AE9 600 Standards 5/6/2008 Approval 5/21/2008 Use (Habitation); "Brown Non - Conforming Family 23048 Sailfish Uses and Recommended 6/21/2010 Variance" Lane Cudoe Key Residential Construction AE9 672 None Denial on 8/23/2010 Approval 9/10/2010 Use (Habitation); Non - Conforming VE8 in Uses and 1987; Construction; VEH as of "Kuhnke 9 Aqua Marine Big Coppitt After -the -Fact 2013 (final Recommended 6/22/2012 Variance" Drive Key Residential Permits actin) 1427 None Denial on 11/2/2012 Denial 1/16/2013 Flood vents will be installed, and will otherwise be made consistent with Florida Non- Building Codes and Residential Monroe County Recommended "Marathon 9400 Overseas (Accessory 20400 [acr Floodplain Management Approval on 6/20/2013 Airport 2014" I3ighway Marathon Structure) Size only AE6 -7 two buildings] Standards 1/22/2014 Approval 2/19/2014 0 0 cr N ° o M m c m c c N m V c A O CL vt CL u. c E V vt �.Pack�t Pgi 1650 '. Notes and Comments 1. Marathon Airport (1998/2002 — [Variance File is described as "Monroe County Airport" but appears to pertain to the Key West Airport. - Also, typical "Staff Report" is not present, nor is an signed affidavit attached] The Community Services Division (Peter Horton) requested a variance to allow the enclosure of the area beneath a new Fire Rescue Station at the Key West Airport to house emergency equipment and apparatus. No sqft amount was provided in the file; figure in table was estimated from floor plan. Finally, Cover /Control sheet suggests "Approval or Denial Date" of 1/17/2002; nothing in variance files postdates 3/26/1998. There may be more to the story. 2. Topping /Rockland Recycling (2001 — Installation of a Quonset but on the property to protect construction debris /recycled materials from rain - caused leachate generated by certain materials. One thing not apparently addressed here is why would /could the materials be stored at grade elevation? With the appropriate flood venting, floodwater would still inundate the recycled materials, resulting in leachate. So should this have been a variance to both size and "use "? 3. Horacheck, Thomas (2001) — Construction of an enclosure /garage beneath a commercial fishing related non - residential building. Only seeking a 35sgft increase; stated purpose was "parking." There is a mention of the variance being to "size only." Appears to have gotten caught up in the NROGO situation as evidenced by a preliminary denial of the request to permit the enclosure on 9/5/2001. Was later approved, along with requirement for filing of Flood Insurance - related affidavit. The "300sgft or less unless flood - proofed" language apparently applied at this time. 4. Key West Airport (2003 — Monroe County Airport Services sought to build a series of hangars for parking aircraft and related vehicles. All would be built to V zone standards according to FEMA and Monroe County code. 5. Marathon Airport (2005) — Another airport storage /accessory structure. Very similar to the other airport variance requests in the AE Zone. The building is presented as a single 11,800 sqft structure, although it apparently consists of several separate hangars. Interestingly, a letter from the NFIP noticing "changes to your local flood insurance policy ", advising the party in receipt that its building was flagged and being in violation, and directing the reader to contact the community to arrange an inspection was included in the variance file. 6. Overseas Lumber (2005) — Request to build a free - standing "open- ended" structure to store lumber and related supplies. All materials required to be stored above BFE on rack system. Variance file did include materials from a previous variance request from 1987 for a 1,000 sqft addition to the existing office /retail structure (at grade). This variance was also approved. 7. Vantage Property (2007) — Construction of a new non - residential office building. Developers desired a walled -in enclosure for parking only. Staff Report makes multiple mentions that the variance is to "size only" and not to (presumably) the use of the enclosure. The distinction to be drawn wasn't clear to me as I reviewed this file relative to the others. Same issue with Horacheck (2001). 0 0 Cr W CD as 0 8. Key West Harbor (2007 — Variance request to construct three detached boat storage buildings on Stock Island; however these building were apparently not approved for storing boats at the ground level. Apparently boat storage racks will be placed inside the buildings. Interesting to note that the developer originally proposed grade level storage and wet flood - proofing. That aspect was presumably worked through and denied. 9. Racquet Club at Ocean Reef (2008 — Request to build a 600 sqft storage shed for equipment (lawn maintenance and equipment/ supplies) in the AE9' Zone at Ocean Reef s Racquet Club. Straightforward, no real issues presented. 10. Brown Family (2010 — An originally permitted downstairs enclosure (1981 - not for habitation) for a recreation room and a bathroom was converted for habitational uses by the Brown family when their son became paralyzed. At some point it was discovered that the enclosure was being used for these purposes, and the property was inspected in 2008. That report mandated several remedial actions required to bring the enclosure to the original limits permitted. The Brown family sought a variance to continue using the area, as -is, for their son. Staff recommended denial based on the FEMA Guidelines stating that personal /physical hardship cannot be considered. The BOCC elected to approve the request, noting that the inability of municipalities to consider physical hardship was merely a FEMA "guideline ". FEMA responded with a mildly threatening letter, but no punitive action was introduced as a result, at least as evidenced by the project file. 11. Kuhnke Family (2012 — Owners built a single family residence in 1978 with no permitted lower enclosure; sometime between then and 2011 an un- permitted, fully furnished lower enclosure was built in violation of a multitude of Monroe County ordinance sections. In 2011 the structure was marked for a Flood Insurance Inspection, where the violations were noted. The owner sought a variance on use, as well as after - the -fact permits for non - permitted work, due to personal hardship. All denied. No information on any enforcement actions 12. Marathon Airport (2014) — Another airport storage /accessory structure. Very similar to the other airport variance requests in the AE Zone. There appears to have been question about the siting of a bathroom in the AE6 versus AE7 area, but otherwise pretty straightforward. Of note: I could find no evidence of the BOCC approving the request, but there is a signed affidavit included in the variance file, leading me to believe it was approved (recorded on 4/17/16). 0 0 Cr CD �a CU as 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. - 2017 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 122 -4, "STANDARDS FOR ISSUANCE OF BUILDING PERMITS IN AREAS OF SPECIAL FLOOD HAZARD "; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Monroe County Code currently limits the size of enclosed areas below an elevated structure at grade for nonresidential, commercial or industrial uses for limited storage or parking to 300 square feet; and WHEREAS, applications for structures exceeding 300 square feet have been applied for and received variances to this regulation from the BOCC, provided they meet the required conditions and relevant factors considered in Section 122 -5 "Variances to the floodplain management requirements;" and WHEREAS, the removal of the 300 square foot maximum size of these nonresidential structures would serve to expedite these permit applications provided that they meet all (other) standards for the issuance of building permits in areas of special flood hazard; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. The Monroe County Land Development Code is amended as follows: Deletions are stricken thretTh and additions are underlined 0 0 a� Cr CD 0 IN Page 1 of 5 Sec. 122 -4 Standards for issuance of building permits in areas of special flood hazard. (b) Additional standards. In all areas of special flood hazard where base flood elevation data has been provided the following provisions are required: (2) Nonresidential construction. a. New construction and substantial improvements of any commercial, industrial or other nonresidential structures within zone AE on the community's flood insurance rate map (FIRM) shall have the lowest floor (including basement) elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Elevating above base flood elevation may decrease the cost of flood insurance. Where a nonresidential structure is intended to be made watertight below the base flood level, a registered professional engineer or architect shall develop and /or review structural design specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions contained herein. A record of such floodproofing certification which shall include the specific elevation (in relation to mean sea level) to which structures are floodproofed shall be provided to the building department. Wet floodproofing is not acceptable. New construction or cumulative substantial improvements of any commercial, industrial or other nonresidential structures within zones VI-30, VE or V shall have the bottom of the lowest horizontal structural member of the lowest floor, elevated to or above the base flood elevation. b. Enclosed areas below an elevated structure at grade elevation for nonresidential, commercial or industrial uses shall be permitted for limited storage or parking purposes, provided that they are anchored to prevent flotation, collapse or lateral movement of the structure an d do not &Eeee 300 squafe feet of enelesed area and are in accordance with the requirements of subsection 122 -4 (b)(5)g. of this section for V zones or subsections 122 -4 (b)(1)dA (b)(1)d.8. of this section for A zones. Plans for such structure shall be submitted to the building official for approval prior to construction. (3) Accessory structures. Page 2 of 5 a. Residential accessory structures. 1. Any prefabricated light metal structure, which meets the following criteria, may be permitted in an A or V zones--if: (1) The enclosed area is 150 square feet or less; (ii) The use is limited to limited storage; and (iii) The structure is properly anchored to prevent flotation, collapse, and lateral movement. 2. Accessory light metal structures which exceed the 150 square feet enclosed space threshold or concrete or wood accessory structures built on site regardless of size or value may be permitted if they meet all of the criteria outlined in subsection 122- 4(b)(1)d_ within A zones or the criteria set forth in section (b)(5)g_ within V zones. b. Nonresidential accessory structures. 1. All nonresidential accessory structures, or enclosed areas, which meet the following criteria, may be permitted if: (i) The enelesed area is 300 square feet or- less,, 40) The use is restricted to limited storage and parking only; {ice ii They meet the breakaway wall standards outlined in subsection 122- 4(b)(5)a. within V zones or the venting requirements outlined in section 122-- 4(b)(1)d.2 within A zones; {} iii They meet the other requirements as outlined in subsection (b)(1)d. of this section; and { iv The structures are properly anchored to prevent flotation, collapse and lateral movement. 2. Aceesser-y str-aetures in an A zone that exceed the 300 square of - efieles,ed- space thf -eshol be per-m itted if th et tl, di h e /h \Ml � b �E�3te�i� } ucxxrrc��o�cc ti avrrLuJtz7 of this see �se fue iir -a V zones that @*eeed the 300 (4) Manufactured homes. a. Effective June 1, 1977, no manufactured home not already in place shall be placed within areas of special flood hazard except in an existing manufactured home park or subdivision, as hereafter defined. In the event that the Federal Emergency Management Agency eliminates the existing manufactured home park or subdivision requirement of 44 CFR 60.3(c)(12), then no manufactured home may be placed below the base flood elevation. Page 3 of 5 I b. A manufactured home that is to be placed on a qualified lot may be placed 2 at an elevation below base flood elevation provided that: 3 4 1. The lot which the manufactured home is to be placed is located in 5 an existing manufactured home park or subdivision and is 6 contiguous to and surrounded by manufactured homes not at base 7 flood elevation. 8 9 2. The manufactured homes that are placed or substantially improved 10 (for other than substantial damage due to a flood) on sites in 11 existing manufactured home parks or subdivisions in flood hazard 12 areas shall be elevated so that the manufactured home chassis is 13 supported by reinforced piers or other foundation elements that are 14 no less than 36 inches in height above the grade at the site. A 15 lower foundation system could be used if the top of the finished 16 floor of the manufactured home or the bottom of the beam (for V 17 zones) would be at or above the base flood elevation using such 18 foundation. 19 20 3. All other foundations requiring elevation of the structure in order 21 to meet the floodplain standards must comply with section 122- 22 3( the provisions of subsection (b)(5) of this section or 23 chapter 18 of the Florida Building Code whichever is applicable. 24 25 x 26 27 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or 28 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be 29 invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this 30 ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, 31 sentence or provision immediately involved in the controversy in which such judgment or decree 32 shall be rendered. 33 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with 34 this ordinance are hereby repealed to the extent of said conflict. 35 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land 36 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). 37 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State 38 of Florida but shall not become effective pursuant to Section 7 until a final order is issued 39 according to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration 40 Commission approving the ordinance, and if the final order is challenged, until the challenge to 41 the order is resolved pursuant to F.S. Chapter 120. Page 4 of 5 I Section 6. Inclusion in the Monroe County Code. The provisions of this ordinance 2 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, 3 as an amendment thereto, and shall be appropriately renumbered to conform to the uniform 4 marking system of the Code. 5 6 I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Section 7. Effective Date. This ordinance shall become effective as provided for by law and stated above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of 2017. Mayor George Neugent Mayor Pro Tern David Rice Commissioner Danny L. Kolhage Commissioner Heather Carruthers Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor George Neugent (SEAL) ATTEST: KEVIN MADOK, CLERK DEPUTY CLERK MONROE COUNTY ATTORNEY �..�g �LLIAMS ;; 0UNTY A D�t� 14 � 0 0 a� Cr CD 0 IN Page 5 of 5