Item V2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 18,2003
Division: Growth Management
Bulk Item: Yes _No X
Department: Planning & Env. Resources
AGENDA ITEM WORDING:
A public hearing to adopt an ordinance amending Sec.9.5-317(b)(1)b., Monroe County Code,
(Standards for issuance of building permits in areas of special flood hazard) to modify certain
regulations outdated as a result of new technology.
[one public hearing required]
ITEM BACKGROUND:
Section 9.5-317(b)(1 )b. of the County Land Development Regulations have become outdated by
newer technology and manufacture of some types of elevator equipment containing a submerged
pump system. The pumping mechanics of this type of system are submerged in hydraulic fluid that is
contained within a leak-proof tank. This tank prevents both the entry of water and the loss of hydraulic
fluid where the switches and electrical components are located. The manufacturing specifications
engineering certifications ensure that no damage will be sustained. This permits the regulations to be
amended so that the sealed portion of a tank containing the motor and hydraulic fluid can be placed
below the base flood elevation. The certification ensures that the system may be submerged in
water for a period of 72 hours or more up to the level of the openings required for the electrical
components. This permits a relaxation of the existing regulations and conforms to the minimum
federal standards set forth in CFR 60.3(a)(3)(iv).
This text change was reviewed and recommended APPROVAL at the DRC public meeting of January
15,2004. This text change was reviewed and recommended APPROVAL at the PC public hearing of
January 28, 2004.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: None.
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes N/A
No
COST TO COUNTY: N/ A
SOURCE OF FUNDS: N/ A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/A Year
APPROVED BY:
County Atty ~
,AICP
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To Follow
Not Required_
AGENDA ITEM # \j l--
DISPOSITION:
AMENDMENT TO THE MONROE COUNTY
LAND DEVELOPMENT REGULATIONS
Board of County Commissioners
Key Largo
February 18, 2004
PROPOSED AMENDMENT TO MONROE COUNTY LAND DEVELOPMENT
REGULATIONS
A request filed by the Monroe County Division of Growth Management to amend Monroe
County Land Development Regulations Sec.9.5-317(b)(1 )b. (Standards for issuance of
building permits in areas of special flood hazard) to modify certain regulations outdated
as a result of new technology.
Land Development Regulations text amendment
Staff
Approval
January 9, 2004
Staff Report
DRC
Approval
January 15, 2004
January 28, 2004
Resolution #D03-04
PC
Approval
Resolution. #P05-04
BOCC STAFF REPORT
MEMORANDUM
TO: Board of County Commissioners
FROM: Dianne Bair, CFM Floodplain Administrator
DATE: January 29,2004
SUBJECT: Amendment to Monroe County Land Development Regulations
Sec.9.5-317(b)(1)b. (Standards for issuance of building permits
in areas of special flood hazard) to modify certain regulations
outdated as a result of new technology.
I. Background:
Section 9.5-317(b)(1)b. of the County Land Development Regulations have
become outdated by newer technology and manufacture of some types of
elevator equipment containing a submerged pump system. The pumping
mechanics of this type of system are submerged in hydraulic fluid that is
contained within a leak-proof tank. This tank prevents both the entry of water
and the loss of hydraulic fluid where the switches and electrical components are
located. The manufacturing specifications engineering certifications ensure that
no damage will be sustained. This permits the regulations to be amended so that
the sealed portion of a tank containing the motor and hydraulic fluid can be
placed below the base flood elevation. The certification ensures that the
system may be submerged in water for a period of 72 hours or more up to the
level of the openings required for the electrical components. This permits a
relaxation of the existing regulations and conforms to the minimum federal
standards set forth in CFR 60.3(a)(3)(iv).
This text change was reviewed and recommended APPROVAL at the DRC
public meeting of January 15, 2004.
This text change was reviewed and recommended APPROVAL at the PC public
hearing of January 28, 2004.
II ANALYSIS & FINDINGS OF FACT
1. The Planning Commission finds that there is a need to make the changes
outlined above.
2. The Planning Commission finds that the proposed changes are consistent
with Section 9.5-511 (d)(5)b.(iv) New Issues and (v) Recognition of a need for
additional detail or comprehensiveness.
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3. The Planning Commission finds that the proposed changes are consistent
with the goals of the MC Year 2010 Comprehensive Plan.
III. PROPOSED TEXT
I Striko through t<>><< is deleted.
Underlined text is new.
Section 9.5-317(b)(1)
b. Electrical and mechanical equipment servicing an elevated structure must be
elevated at or above the required base flood elevation. Elevators may be
placed below the base flood elevation, 31though if the mechanical and
electrical equipment serving the elevator must be elevated 3t or 3bove the
required base flood elevation. is desioned. certified and/or located so as to
prevent water from enterino or accumulatino within the components durino
conditions of f1oodino .
IV. RECOMMENDATIONS
Based on the Findings of Fact above, the Planning Commission recommends
APPROVAL of the proposed amendments to the Monroe County Board of
County Commissioners.
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BOCC ORDINANCE
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ORDINANCE NO. -2003
AN ORDINANCE AMENDING SEC.9.5-317(b)(1)b. (STANDARDS FOR
ISSUANCE OF BUILDING PERMITS IN AREAS OF SPECIAL FLOOD
HAZARD) TO THE MONROE COUNTYLAND DEVELOPMENT REGULATIONS
TO MODIFY CERTAIN REGULATIONS OUTDATED AS A RESULT OF NEW
TECHNOLOGY; ); PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 9.5-317(b)(1)b. of the County Land Development
Regulations have become outdated by newer technology and manufacture of
some types of elevator equipment containing a submerged pump system; and
WHEREAS, the pumping mechanics of this type of system are submerged
in hydraulic fluid that is contained within a leak-proof tank; and
WHEREAS, this tank prevents both the entry of water and the loss of
hydraulic fluid where the switches and electrical components are located; and
WHEREAS, the manufacturing specifICations engineering certifications
ensure that no damage will be sustained; and
WHEREAS, this permits the regulations to be amended so that the sealed
portion of a tank containing the motor and hydraulic fluid can be placed below the
base flood elevation; and
WHEREAS, the certification ensures that the system may be submerged
in water for a period of 72 hours or more up to the level of the openings required
for the electrical components; and
WHEREAS, this permits a relaxation of the existing regulations and
conforms to the minimum federal standards set forth in CFR 60.3(a)(3)(iv); and
WHEREAS, the Commission finds that there is a need to make the
change outlined above; and
WHEREAS, the Commission finds that the proposed changes are
consistent with Section 9.5-511(d)(5)b.(iv) New Issues and (v) Recognition of a
need for additional detail or comprehensiveness; and
WHEREAS, the Commission finds that the proposed changes are
consistent with the goals of the Me Year 2010 Comprehensive Plan; and
Page 1 of 3
C:\TEMP\80CC OR1.doc
F~~-~~-~~ 1~' I~ FROM'MON~u~ COUNTY AT TV O~~I~~ 10,30S2~~~~lb
l-'A....~ ~/..j
WHEREAS, this text change was reviewed and APPROVED at the
Development Review Committee public meeting of January 15, 2004; and
WHEREAS. this text change was reviewed and APPROVED at the
Planning Commission public hearing of January 28, 2004; and
WHEREAS, the Monroe County Board of County Commissioners was
presented with the following evidence. which by reference is hereby incorporated
as part of the record of said hearing;
1. Staff report prepared on January 29th, 2003 by Fred Gross, Island Planning
Team Director.
2. Proposed change to the Monroe County Land Development Regulations.
3. The sworn testimony of the Growth Management Staff.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Section 9.5-317(b)(1) is hereby amended as follows:
lStAke \AF9YBA text is deleted.
Und~rlined text is new.
b. Electrical and mechanical equipment servicing an elevated structure must be
elevated at or above the required base flood elevation. Elevators may be
placed below the base flood elevation, alth8ugh if the mechanical and
electrical equipment serving the elevator must be eI8\~ateG at or abet-'ft tAe
re"YiFeEt bas8 ft98~ elevatioo. is desianed. certified and/or located so 8S to
Drevent water from entering or accumulating within the comDonents during
conditions of flooding .
Section 2. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this
ordinance shall not be affected by such validity.
Section 3, All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section4. The provisions of this ordinance shall be included and incorporated
in the Code of Ordinances of the County of Monroe, Florida, as an
addition or amendment thereto, and shall be appropriately
renumbered to confonn to the uniform numbering system of the
Code.
Page 2 of 3
C:\TEMP\BOCC OR1.doc
rE~-~~-~q l~..b FROM,MONKUC ~OUNli M'., U~r'~~ 'U,J~~~~~~~'b
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Section 5. This ordinance shall be filed in the Office of the Secretary of State
of Florida, but shall not become effective until a notice is issued by
the Department of Community Affairs or Administrative Commission
approving the ordinance.
Section 7. This ordinance shall be transmitted by the Planning Department to
the Department of Community Affairs to determine the consistency
of this ordinance with the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the day of
A.D., 2004.
Mayor Murray Nelson
Mayor Pro Tem David P. Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Murray Nelson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
. WO~fE
T;Q)!~ ATTORNEY
DEPUTY CLERK
Page 3 of 3
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PC RESOLUTION
PLANNING COMMISSION RESOLUTION #P04-04
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE
MONROE COUNTY PLANNING COMMISSION OF THE REQUEST
FILED BY THE MONROE COUNTY PLANNING DEPARTMENT TO
AMEND SECTION 9.5-317(b)(1)b. (STANDARDS FOR ISSUANCE
OF BUILDING PERMITS IN AREAS OF SPECIAL FLOOD
HAZARD).
WHEREAS, Section 9.5-317(b)(1)b. of the County Land Development
Regulations have become outdated by newer technology and manufacture of
some types of elevator equipment containing a submerged pump system; AND
WHEREAS, the pumping mechanics of this type of system are submerged
in hydraulic fluid that is contained within a leak-proof tank; and
WHEREAS, this tank prevents both the entry of water and the loss of
hydraulic fluid where the switches and electrical components are located; and
WHEREAS, the manufacturing specifications engineering certifications
ensure that no damage will be sustained; and
WHEREAS, this permits the regulations to be amended so that the sealed
portion of a tank containing the motor and hydraulic fluid can be placed below the
base flood elevation; and
WHEREAS, the certification ensures that the system may be submerged
in water for a period of 72 hours or more up to the level of the openings required
for the electrical components; and
WHEREAS, this permits a relaxation of the existing regulations and
conforms to the minimum federal standards set forth in CFR 60.3(a)(3)(iv); and
WHEREAS, staff finds that the proposed change is consistent with
Section 9.5-511 (d)(5) b. (iv) New Issues and (V) Recognition of a need for
additional detail or comprehensiveness; and
WHEREAS, staff finds that the proposed change is consistent with the
goals of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, the proposed text change was reviewed and APPROVED at
the DRC public meeting of January 15, 2004;
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NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding findings of fact support their
decision to recommend APPROVAL to the Monroe County Board of County
Commissioners of the following amendments to the text of the Monroe County
Land Development Regulations as requested by the Monroe County Planning
Department:
PROPOSED TEXT:
IStrike through text is deleted.
Underlined text is new.
Section 9.5-317(b)(1)
b. Electrical and mechanical equipment servicing an elevated structure must be
elevated at or above the required base flood elevation. Elevators may be
placed below the base flood elevation, although if the mechanical and
electrical equipment serving the elevator must be elevated at or above the
required baso flood olevation. is desianed. certified and/or located so as to
prevent water from enterino or accumulatinQ within the components durinq
conditions of f1oodino .
PASSED AND ADOPTED By the Planning Commission of Monroe County,
Florida at a regular meeting held on the 3rd day of December, 2003.
Lynn C. Mapes, Chair
David C. Ritz, Vice Chair
Jiulio Margalli, Commissioner
Denise Werling, Commissioner
James D. Cameron, Commissioner
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
Lynn C. Mapes, Chair
Signed this
day of
,2003.
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Initial
ORe RESOLUTION
DEVELOPMENT REVIEW COMMITTEE RESOLUTION #D02-04
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE
MONROE COUNTY PLANNING COMMISSION OF THE REQUEST
FILED BY THE MONROE COUNTY PLANNING DEPARTMENT TO
AMEND SECTION 9.5-317(b)(1)b. (STANDARDS FOR ISSUANCE
OF BUILDING PERMITS IN AREAS OF SPECIAL FLOOD
HAZARD).
WHEREAS, Section 9.5-317(b)(1)b. of the County Land Development
Regulations have become outdated by newer technology and manufacture of
some types of elevator equipment containing a submerged pump system; AND
WHEREAS, the pumping mechanics of this type of system are submerged
in hydraulic fluid that is contained within a leak-proof tank; and
WHEREAS, this tank prevents both the entry of water and the loss of
hydraulic fluid where the switches and electrical components are located; and
WHEREAS, the manufacturing specifications engineering certifications
ensure that no damage will be sustained; and
WHEREAS, this permits the regulations to be amended so that the sealed
portion of a tank containing the motor and hydraulic fluid can be placed below the
base flood elevation; and
WHEREAS, the certification ensures that the system may be submerged
in water for a period of 72 hours or more up to the level of the openings required
for the electrical components; and
WHEREAS, this permits a relaxation of the existing regulations and
conforms to the minimum federal standards set forth in CFR 60.3(a)(3)(iv); and
WHEREAS, staff finds that the proposed change is consistent with
Section 9.5-511 (d)(5) b. (iv) New Issues and (V) Recognition of a need for
additional detail or comprehensiveness; and
WHEREAS, staff finds that the proposed change is consistent with the
goals of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, the proposed text change was reviewed and APPROVED at
the DRC public meeting of January 15, 2004;
Page 1 of 2
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NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of
fact support their decision to recommend APPROVAL to the Monroe County
Planning Commission of the following amendments to the text of the Monroe
County Land Development Regulations as requested by the Monroe County
Planning Department:
PROPOSED TEXT:
I Strike through text is deleted.
Underlined text is new.
Section 9.5-317(b)(1)
b. Electrical and mechanical equipment servicing an elevated structure must be
elevated at or above the required base flood elevation. Elevators may be
placed below the base flood elevation, although IT the mechanical and
electrical equipment serving the elevator must be elov3ted at or 3bove the
required b3se flood elev3tion. is desiqned. certified and/or located so as to
prevent water from enterino or accumulatino within the components durinq
conditions of f1oodino .
PASSED AND ADOPTED By the Development Review Committee of Monroe
County, Florida at a regular meeting held on the 2nd day of October, 2003.
Fred Gross, Director, Lower Keys Planning Team (Chair) YES
Aref Joulani, Development Review and Design Senior Administrator YES
Ralph Gouldy, Environmental Resources Senior Administrator YES
Department of Health (by fax) YES
Department of Public Works (by fax) YES
Department of Engineering (by fax) YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By
Fred Gross, DCR Chair
Signed this 15th day of January, 2004
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