City of St. Augustine

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1 City of St. Augustine Memorandum TO: DATE: RE: John Regan, P.E. City Manager September 11, 2017 Ordinance Adopting Higher Regulatory Standards in the City's Floodplain Management Code - Amending Section Amendments of the Florida Building Code, Residential and amending Section Scope, Section Information for development in flood hazard areas, Section Definitions and Section Elevation Requirement for areas outside of flood hazard areas. Chapter 8, Article 5 (Floodplain Management) of the City Code provides floodplain management regulations for new construction to prevent flooding damage to properties. In addition to this, the City's floodplain management section of the City Code is also required by the Federal Emergency Management Agency (FEMA) for the City's participation in the National Flood Insurance Program (NFIP). The City of St. Augustine was accepted into the NFIP on October 6, Without participation in the NFIP, property owners would not be able to purchase NFIP backed flood insurance. The NFIP uses a Community Rating System (CRS) to evaluate the communities within the NFIP and that CRS "score" is based on several factors, one of which is the extent of regulatory protection found in each community's local floodplain management code, In essence, the NFIP requires each participating community to adopt and enforce a floodplain management code with certain regulations. If the community voluntarily adopts higher regulatory standards, FEMA will improves the community's CRS, which leads to lower flood insurance premiums for property owners within the community. In the past, the only higher regulatory standard the city had adopted was the 5 year cumulative substantial improvements rule (locally called the 50% improvement rule). On May 22, 2017, the City Commission passed Ordinance , which updated the city's floodplain management code according to the current NFIP guidelines. At that time, the city did not adopt the 5 year substantial improvement rule or any other higher regulatory standards. Also at the May 22 meeting, the City Commission directed city staff to present options for higher regulatory standards to the city's Code Enforcement Adjustment and Appeals Board (CEAAB) for review and their recommendations to the City Commission.

2 The city staff made presentations to the CEAAB on June 13, 2017 and July 18, 2017 and August 8, 2017 regarding the options for higher regulatory standards. On August 8, 2017 the CEAAB made a recommendation to the city commission to adopt the following higher regulatory standards to further protect property from flooding. 1. Elevation Requirements - Requiring new homes to be constructed one foot above the base flood elevation. This is called a one foot "freeboard" rule, which will become a mandatory regulation in the building code when the new building code is adopted in Foundation Requirements - No longer allowing the "fill" of property (bringing in new soil on the property) to elevate new residential construction (one and two family dwellings) to the required finished floor elevation and not allowing the backfill of stemwall foundations for new residences. This will require new homes to be constructed on stemwall foundations (that are not backfilled) or pier type foundations if new homes must be elevated to meet the required finished floor elevation. This also requires the construction plans for new foundations to be prepared and sealed by a registered design professional. 3. Elevation Requirements outside flood hazard areas - Requires new buildings and structures located outside flood hazard areas to have the lowest habitable floor elevation at least one foot above the crown of the road. Please place Ordinance on the September 11, 2017 City Commission agenda for first reading. David Birchim, AICP Director, Planning and Building

3 Code Enforcement, Adjustments and Appeals Board Meeting June 13, 2017 That inspection of the property 6. REVIEW OF NEW CASES that day proved compliance had been met, and he produced None. photos showing the compliance. That the property had been 7. CITY ATTORNEY ITEMS cleareaofalrjunr anaae5ris, ana the property had been cleared of the weeds and grass. That a contractor had been hired to maintain the property, and that he would continue to monitor on a regular basis to ensure compliance. Irene Arriola, 81 King Street, was present and testified to the following: She explained that the owner was unable to attend as he was junior law enforcement in central Florida, and that she was here as an authorized representative on his behalf. She advised the Board that the property would be placed on the market for sale, and that it would be maintained until such time as the property had sold. That the neighbors were satisfied with the progress and current condition of the property. She thanked the Board for the 30 days that had been provided to bring the property into compliance. MOTION Mr. Capra moved to approve closing the case for compliance. The motion was seconded by Mrs. Mickler and approved by unanimous voice vote. 2 None. 8. QifiHER BUSINESS Staff provided the Board with a packet containing Floodplain Management Higher Standards Information for their review and discussion prior to it being placed on the July 18, 2017 CEAAB agenda for their recommendation to the City Commission. Staff gave detailed explanation of the information that had been provided and provided visual presentation before opening discussion with the Board. The Board asked staff to elaborate on the four different higher standard options that had been provided. Staff provided responses to the Boards questions and reported that they would be providing additional relative information at the next meeting. The Board asked that staff provide public outreach for the next discussion and that staff also have handouts available. There was a brief discussion of the recording of this Board meeting being provided on the website.

4 ORDINANCE NO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ST. AUGUSTINE, FL AMENDING THE CITY OF ST. AUGUSTINE CODE OF ORDINANCES AMENDING CHAPTER 8, ARTICLE V FLOODPLAIN MANAGEMENT AND ADDING NEW SECTIONS TO CHAPTER 8, ARTICLE u--adopted--bljilding CODEs ;- FORMATTING--AND- - ADOPTING TECHNICAL AMENDMENTS OF THE FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in Section , Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and WHEREAS, Chapter 553, Florida Statutes, allows for local technical amendments to the Florida Building Code that provide for more stringent requirements than those specified in the Code and allows adoption of local technical amendments to the Florida Building Code to implement the National Flood Insurance Program and incentives; and Ord (PB) Page 1 of 7

5 WHEREAS, the City Commission of the City of St. Augustine is adopting requirements for one- and two-family dwellings in flood hazard areas to (1) increase the minimum elevation requirement; (2) limit the use of fill to elevate; and (3) require designs for foundations to be prepared and sealed by registered design professionals, and for the purpose of participating- in the--national EloodJnsurance Erogram~s GommunUy _Bating System and pursuant to section (5), F.S., is formatting the requirements to coordinate with the Florida Building Code; and WHEREAS, the City Commission of the City of St. Augustine has determined that it is in the public interest to adopt the proposed local technical amendments to the Florida Building Code and the proposed amendments are not more stringent than necessary to address the need identified, do not discriminate against materials, products or construction techniques of demonstrated capabilities, are in compliance with section (4), Florida Statutes; and WHEREAS, the City Commission of the City of St. Augustine is adopting a requirement for new buildings and structures to be elevated relative to the crown of road. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of St. Augustine that the following floodplain management regulations are hereby adopted. SECTION 1. RECITALS. The foregoing whereas clauses are incorporated herein by reference and made a part hereof. Ord (PB) Page 2 of 7

6 SECTION 2. AMENDMENT TO CHAPTER 8, ARTICLE II ADOPTED BUILDING CODES. Section of the Code of the City of St. Augustine is hereby added as follows: R Elevation requirements. 1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1 foot or the design flood elevation.1 whichever is higher. 2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or to the design flood elevation, whichever is higher. 3. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus 1 foot, or at least 3 feet a.feet (61 O mm) if a depth number is not specified. 4. Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 1 foot or the design flood elevation, whichever is higher. Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section R R Foundation requirements. In addition to the requirements of this section: 1. The use of earthen fill to elevate buildings and structures is not permitted, including fill used to backfill stemwall foundations. 2. Construction documents shall include documentation that is prepared and sealed by a registered design professional that the design and methods of construction resist flood loads and meet the requirements of this section. Ord (PB) Page 3 of 7

7 R Elevation requirements. 1. All buildings and structures erected within coastal high-hazard areas shall be elevated so that the lowest portion of all structural members supporting the lowest floor, with the exception of piling, pile caps, columns, grade beams and bracing, is elevated to or above the base flood elevation plus 1 foot or the design flood elevation. whichever is higher. 2. Basement floors that are below grade on all sides are prohibited. _ 3 _ "[be_use_olfillfol stmctu.r:alsupp_qr Us_prohibited. 4. Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways. Exception: Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections R and R " SECTION 3. AMENDING CHAPTER 8, ARTICLE V FLOODPLAIN MANAGEMENT. Sections 8-402, 8-435, and of the Code of the City of St. Augustine are hereby amended as follows: "Sec Scope. The provisions of this ordinance shall apply to all development that is wholly within or partially within any flood hazard area, unless otherwise specified, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. Sec Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this ordinance shall be drawn to scale and shall include, as applicable to the proposed development: Ord (PB) Page 4 of 7

8 1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. 2. Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide. 3. Location, extent, amount, and proposed final grades of any filling, grading, or excavation. 4. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. The use of fill to elevate one- and two-family dwellings, including the use of fill to backfill stemwall foundations. is not permitted. 5. Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, if applicable. 6. Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. 7. Existing and proposed alignment of any proposed alteration of a watercourse. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this ordinance but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this ordinance. Sec Definitions. CROWN OF STREET. The elevation of the highest surface of street pavement within the right-of-way abutting the property or the elevation approved by the City Engineer." Ord (PB) Page 5 of 7

9 SECTION 4. AMENDING CHAPTER 8, ARTICLE V FLOODPLAIN MANAGEMENT. Section of the Code of the City of St. Augustine is hereby added to read as follows: "Sec E 1-evation regtti-remenh -or---a-rea-s--tttsi-de--ef-f-1-oadhazard areas. In areas outside of flood hazard areas established in accordance with Sec O (Zone X), new buildings and structures shall have the lowest habitable floor elevated at least 12 inches above the crown of road. " SECTION 5. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in City of St. Augustine. This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance. SECTION 6. FISCAL IMPACT STATEMENT. In terms of design, plan application review, construction and inspection of buildings and structures, the cost impact as an overall average is negligible in regard to the local technical amendments because all development has been subject to the requirements of the local floodplain management ordinance adopted for participation in the National Flood Insurance Program. In terms of lower potential for flood damage, there will be continued savings and benefits to consumers. SECTION 7. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the City Commission of the City of St. Augustine that the provisions of this ordinance shall become and be made a part of the City of St. Augustine's Code of Ord (PB) Page 6 of 7

10 Ordinances, and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. SECTION 8. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances fn-conflicfherewitfi-are--hereby repealec[ SECTION 9. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared. SECTION 10. EFFECTIVE DATE. This ordinance shall become effective ten (10) days after passage pursuant to s (4), Florida Statutes. PASSED by the City Commission of the City of St. Augustine, Florida, this day of, ATTEST: Nancy E. Shaver, Mayor-Commissioner Darlene Galambos, City Clerk (SEAL) Coding: Words underlined are additions; words stfigker are deletions. Ord (PB) Page 7 of 7

11 Code Enforcement, Adjustments and Appeals Board Meeting June 13, 2017 Public comment was opened. B.J. Kalaidi, 8 Newcomb Street, commented to the following: S-ne appreciatea- th-e- Bc:rards discussion but was confused. She asked that the Board define what the requirements were. She recommended that should a workshop be scheduled, that the public be accommodated with the hours being after 5:00 to allow for full participation. She expressed that it would be helpful if examples were provided at those workshops as well. Public hearing was closed. 9. REVIEW OF CONFLICT STATEMENTS FROM PREVIOUS MEETING None. 10.ADJOURNMENT Meeting was adjourned at 5:30 P.M. Clyde M. Taylor, Ill, Chairperson Sandra Coordinator Partin, Administrative { 3

12 Code Enforcement, Adjustments and Appeals Board Meeting July 18, That the family was in full support MOTION of the neighbors requests. That although Mrs. Antonatos Mrs. Zander moved to approve an was- very intelligent, she also Order Finding Violation, allowing required medical attention. seven days for compliance or a fine Tnatsne a-ia not serner trasn out--in-the-amount-of-$~-50-per-day-would---- to the street until just before pick be imposed for the days of continued up because otherwise her trash violation. The motion was seconded would be on the Antonatos lawn. by Mr. Taylor and approved by unanimous voice vote. Joanie Mathis, 160 Inlet Drive, was present and commented to the 8. CITY ATTORNEY ITEMS following: None. That the debris that was in the Antonatos yard before the Hurricane actually caused damage to the neighboring properties as it was carried over. She urged the Board to address the situation and not allow additional time, and she requested that a fine be imposed. The Board expressed concern over when the husband would be allowed to return to the home. Mr. van Mierop responded that the interior of the home was full of debris and that the Council on Aging was involved and have stated it would not be allowed for the husband to return to the home until such time as it was safe. Mr. Boles commented to the Board that the property had come before the code board in the past and that each time it would come into compliance. He also thanked the neighbors for their cooperation and coming out to speak to the Board relative to this case JrHER BUSINESS Floodplain Management Higher Standards -discussion and public hearing ~ prior to CEAAB's recommendation to the City Commission. ' Mr. Schauland gave a brief presentation of the four Higher Standards that are available to the City of St. Augustine, and have been brought before this Board for consideration of recommendation to the City Commission. He stated that the CEAAB's desire for community input had been advertised in several local publications, shared with neighborhood committees, and posted on the City's website, as well as in the City News & Notes prior to this meeting. Mr. Birchim reported that a memorandum would be prepared for the City Commission detailing the CEAAB's recommendation on each of the higher

13 Code Enforcement, Adjustments and Appeals Board Meeting July 18, 2017 standards that was brought at this meeting for consideration. The following information provides the Board's consensus on each Higher Standard- that- was- presented- and- any public comment that was offered. CUMMULATIVE IMPROVEMENT SUBSTANTIAL The City of St. Augustine initially adopted the 5-year SI on April 12, Every time that a permit for anything except a new structure was applied for, a search of the last five years is conducted. If the total cost of construction for all of those permits is equal to or greater than 50%, the structure will be required to meet the floodplain management ordinance for new construction. The Board and Staff had discussion of the material that had been provided by presentation and by their packets. Jenny Wolfe, City Historic Preservation Officer, was present to answers the Boards concerns and question with regard to historic structures, and she reported the following: She directed the board to chapter 8 of the building code. She explained that it defined historic structures that are listed individually on the national register, buildings that are contributing to a national register district as well as buildings that may be established on a local district, whether it be individual local landmark or individual local historic district. Adding that those are- tm e- preperties- that- w01:1 IEi- ee--- considered historic and could be brought before you for a variance or they can pursue an administrative option that they would have to be pursuing an ad valorem exemption to go through that option. But either way, they would require an administrative component. Public comment was opened. Melinda Rakoncay, 86 Magnolia Avenue, was present and commented to the following: She was there representing herself and CPSA (Citizen Preservation of St. Augustine) and she submitted two letters from the steering committee persons, noting that those same letters had been sent to the City as well. She commented that the information provided was a good example, and she encouraged the City to publish this part of the example on the website, so that citizens that may find themselves in those situations can get help rnore readily. Public comment was closed. 8

14 Code Enforcement, Adjustments and Appeals Board Meeting July 18, 2017 Consensus of the Board was not favorable to reinstate the five year cumulative substantial improvement. FREE-BE>ARE>INB~ A freeboard requirement adds height above the base flood elevation to provide an extra margin of protection to account for waves, debris, miscalculations, or lack of data. A freeboard requirement of one foot means that the level of protection for the lowest floor, machinery and equipment, etc. is one foot above the base flood elevation. The updated Florida Building Code with an expected effective date of December 31, 2017, will require all structures to have one foot of freeboard. By adopting this earlier, the City can gain points on the CRS rating. Additionally, owners of new buildings would see a savings on their flood insurance because they are a minimum of one foot above the base flood elevation. Mr. Schauland gave a brief presentation and board discussion was opened. Public comment was opened, however there was no response. Consensus of the Board was in favor of Free Boarding. FOUNDATION PROTECTION Foundation protection allows protection against differential settling as well as scour and erosion. Differential or uneven settlement occurs when the soil beneath a structure cannot bear the weights imposed. The settlement of a structure is the amount that the structure wi I l_!lsink_!!_dt1ri n g- a n d- afte r- ee n s-trt1 etie n. Differential settlements become a big problem when the foundation settles unevenly. Erosion refers to a general lowing of the ground surface over a wide area. Scour refers to a localized loss of soil, often around a foundation element. Mr. Schauland gave a brief presentation, and Board discussion was opened. Public comment was opened, however there was no response. Consensus of the Board was in favor of Foundation Protection. LOCAL DRAINAGE PROTECTION Approximately 20% of NFIP claims are for properties located outside of the SFHA, some of these claims are from flooding caused by local drainage problems. LOP credit is for ensuring that new buildings are well above the street level or otherwise protected from shallow drainage flooding. This higher standard would be for all properties within the city limits, whether they are in the SFHA or not. Mr. Schauland gave a brief presentation and Board discussion was opened. 9

15 Code.Enforcement, Adjustments and Appeals Board Meeting July 18, 2017 Public comment was opened. Melinda Rakoncay, 86 Magnolia Avenue, was present and commented to the following: She spoke on behalf CPSA and herself, articulating concerns of setting a maximum as well as minimum on building heights, particularly in historic districts, and the adverse effects in the neighborhoods and ruining the character. She was pleased to see Ms. Wolfe present at the meeting. She also spoke to the building of mounds and recommended going back to pilings. 11.ADJOURNMENT Meeting was adjourned at 6:33 P.M. Clyde M. Taylor, Ill, Chairperson Sandra Coordinator Partin, Administrative Joel Michael Parker, 86 Park Place, was present and commented to the following: He asked the Building Official if it were appropriate to put pipes under the ground to carry water out. Mr. Schauland stated that it would not be appropriate. Public comment was closed. Consensus of the Board was in favor of Local Drainage Protection. The Board requested to have the proposed Ordinances brought back at the next meeting. 10.REVIEW OF CONFLICT STATEMENTS FROM PREVIOUS MEETING None. 10

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