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[Call to Order]

[00:00:07]

>>PROFESSOR: WELCOME FOLKS.

THIS IS THE FERNANDINA BEACH CITY COMMISSION WORKSHOP.

IT'S OCTOBER 15, 2019.

MADAM CLERK, WILL YOU CALL THE ROLL PLEASE, MA'AM.

>> ROLL CALL

>> OKAY.

SO WE RISE TO THE PLEDGE OF ALLEGIANCE AND THEN WE'LL GET STARTED.

LED NOVICH NATION, UNDER GOD, INDIVISIBLE,

[Item 4]

WITH LIBERTY AND JUSTICE FOR ALL.

>> THANK YOU.

>> AND ITEM 4.1, PRESENTATION BY THE CITY BUILDING DEPARTMENT OF THE PROPOSED FLOODPLAIN ORDINANCE LANGUAGE AND CHANGES BY DALE SCHWAUB.

WELCOME, SIR.

>> MY NAME IS STEVEN BECKMAN.

THE CODE CHANGED IN 2017, THAT CHANGED.

THE STANDARDS IN OUR FLOODPLAIN ORDINANCE MATCHED THE MINIMUM STANDARDS IN OUR BUILDING CODES.

SINCE 2017, THE CITY HAS BEEN COLLABORATING TO REVISE AND UPDATE OUR FLOODPLAIN ORDINANCE SO THAT WE CAN BRING BACK A HIGHER STANDARD LIKE WE HAD PRIOR TO THE CODE CHANGE.

THE APPROACH THAT WE'RE TAKING IS SIMILAR TO WHAT A LOT OF OTHER MUNICIPALITIES ARE TAKING FROM SOUTH FLORIDA ALL THE WAY UP TO THE PANHANDLE.

MEXICO BEACH, FOR EXAMPLE, UNFORTUNATE CIRCUMSTANCES OF FACING HURRICANE MICHAEL.

HAS UPDATED THEIR FLOODPLAIN ORDINANCES TO A HIGHER STANDARD AS WELL.

BECAUSE WE REALIZED THAT THAT DOES A LOT TO PROTECT OUR COMMUNITY.

OUR GOAL IS REALLY THREE THINGS.

ONE IS TO, BY DOING THIS, THAT WE'RE PROTECTING OUR PROPERTY.

AND SECOND OF ALL, THAT WHEN WE PROTECT OUR PROPERTY FROM THE PERILS OF THESE STORMS, FLOODS AND WHAT HAVE YOU, SPECIFICALLY FLOODS HERE WITH REGARD TO THE FLOODPLAIN ORDINANCE, WE'RE ALSO PROTECTING THE NEIGHBORS AND OUR COMMUNITY.

SO IN DOING SO, WE HOPE TO PROVIDE, YOU KNOW, SAFER HOMES, PROTECT PROPERTY AND ALSO PROTECT THE COMMUNITY.

IN DOING THIS, WE WANT TO DO IT IN SUCH A WAY THAT WE'RE NOT GOING TO CHANGE WHAT YOU'VE BEEN ABLE TO BUILD.

WE HOPE THAT YOU CAN KEEP BEING ABLE TO BUILD, AS FAR AS THE HEIGHTS OF OUR BUILDINGS.

WE'RE HOPING TO NOT CHANGE THAT AND THEN ALSO STEP UP OUR CODES TO BE A LITTLE HIGHER STANDARD THAN OUR MINIMUM BUILDING CODES.

>> I WOULD LIKE TO INTRODUCE DALE, HE IS OUR FLOODPLAIN CONSULTANT THAT WE'VE BEEN USING, TO HELP US IN THIS PROCESS.

>> WHEN YOU SAY CODE, YOU MEANT THE FLORIDA BUILDING CODE, CORRECT?

>> CORRECT.

>> THANK YOU.

>> THANKS, STEVEN.

GOOD EVENING.

AND WELCOME TO EVERYBODY.

TODAY WE'RE GOING TO BE TALKING ABOUT A COUPLE OF SECTIONS OUT OF THE PROPOSED FLOODPLAIN ORDINANCE.

WE'RE GOING TO BE LOOKING AT SOME NUANCES OF IT AND WALK THROUGH THAT.

AND HOPEFULLY GET YOUR OPINION AND FEEDBACK, A LOT OF FEEDBACK ON THE ORDINANCE, WE ARE STILL NAVIGATING THROUGH A LOT OF THOSE.

WE'RE DIGGING THROUGH SOME OF THE E-MAILS AND LETTERS, PEOPLE RAISED CONCERNS AND HAVE QUESTIONS.

AS OF NOW, WE HAVE A DRAFT ORDINANCE THAT IS THE LATEST AND GREATEST VERSION.

IT'S STILL BEING VETTED BY FEMA AND THE STATE TO MAKE SURE THAT WE'RE NOT CONFLICTING WITH ANY OTHER ORDINANCES OR LANGUAGE.

WE ALSO HAVE A FREQUENTLY ASKED QUESTION DOCKET, SO AS YOU ASK QUESTIONS AND STEP INTO THE PROCESS, WE'RE TRYING TO IDENTIFY THE ANSWERS.

MULTIPLE PEOPLE HAVE THE SAME QUESTIONS OVER AND OVER.

IF YOU WERE AT THE COMMISSION MEETING IN FEBRUARY, A LOT OF PEOPLE WERE ASKING A LOT OF QUESTIONS.

AS WE NAVIGATE THOSE, I WANT TO MAKE SURE THAT AS WE HEAR FROM YOU, WE IDENTIFY THE QUESTION, ANSWER IT AND TRY TO CODIFY IT SO THAT YOU'VE GOT THE INFORMATION.

WE'LL WAIT UNTIL THAT COMES BACK UP.

TECHNICAL DIFFICULTY HERE.

HERE WE GO.

SO STEVEN MENTIONED, A LOT OF PEOPLE AT THE CITY WORKING TOGETHER ON THIS, TO MAKE SURE THAT ALL OF THE DIFFERENT PIECES OF FLOODPLAIN WORK TOGETHER.

BECAUSE FLOOD WATER TOUCHES A LOT OF DIFFERENT DEPARTMENTS.

AND EVERY CITY IS DIFFERENT, AS FAR AS HOW THEY INTERACT.

THE CITY HERE, WE'RE WORKING WITH ALL THREE OF THOSE

[00:05:02]

DEPARTMENTS AND MY JOB HAS BEEN TO STEP BACK AND LOOK AT EVERYTHING HOLISTICALLY, AS WE ARE LOOKING AT THE FLOOD CONCERNS AND THE STANDARDS AND THE REGULATIONS.

SO THE AGENDAS TODAY IS GOING TO BE LOOKING AT THE PROPOSED ORDINANCE LANGUAGE AND THE CHANGES.

THIS ORDINANCE HAS FLOWED AS WE'VE GONE OVER THE LAST COUPLE OF YEARS.

AND THEN LOOK AT THE CURRENT Q&A, ANY QUESTIONS WE RECEIVED.

THIS Q&A IS STILL A WORK IN PROGRESS.

SO WE'VE BEEN IDENTIFYING AND WORKING SOME IN.

THERE IS SOME THAT ARE STILL NOT ENROLLED INTO THE DOCUMENT.

WE'VE BEEN GETTING A LOT OF THEM.

SO I'LL STEP INTO SOME OF THOSE AS WELL.

AND THEN AT THE END, WE'RE GOING TO HAVE OPEN Q&A, ANY INPUT YOU'VE GOT, QUESTIONS YOU HAVE.

THE GOAL TODAY IS TO HEAR SUGGESTIONS, COMMENTS, AND TRY TO GET THE DIALOG GOING SO THAT WE CAN PLAN ON A BETTER SOLUTION, WE'VE DONE CHANGES TO SOME OF THE LANGUAGE, BASED ON INPUTS, SOME OF THE DISCUSSIONS THAT I'VE HAD WITH CITY STAFF.

WAYS THAT WE CAN MODIFY IT AND TWEAK IT AND MAKE IT BETTER TO MEET THE GOALS AS WELL.

SO THE PURPOSE OF FLOODPLAIN ORDINANCE.

THE GOAL OF FLOODPLAIN MANAGEMENT IS TO PROTECT LIFE AND PROPERTY AND WELFARE THROUGH FLOODING.

A LOT OF AVENUES TO THAT.

SO THE GOAL WITH THE FLOODPLAIN ORDINANCE IS TO DO JUST THAT.

IT'S IN AND OF ITSELF, IT IS TO HELP PROTECT THE PROPERTY, THE TOWN, THE COMMUNITY AS A WHOLE FROM FLOOD DAMAGE.

AND WHAT HAPPENS WHEN FLOOD DAMAGE HAPPENS AND THE RECOVERY PROCESS AS WELL.

SO LOOKING FORWARD TO THE FUTURE OF THE CITY.

NOW, COMPONENTS OF THE FLOODPLAIN ORDINANCE.

I KNOW IN FEBRUARY OR MARCH, THERE WAS A LOT OF DISCUSSION ABOUT THIS LARGE 36-PAGE DOCUMENT.

AND WHAT THE INTENT OF THAT WAS.

WELL, THE FLOODPLAIN ORDINANCE HAS THREE DIFFERENT FACETS OF IT.

MINIMUM FEDERAL NFIP REGULATIONS.

THESE HAVE TO BE IN YOUR ORDINANCE, VERBATIM, NO IFS, NO ANDS, NO BUTTS.

BARE MINIMUM THAT IS REQUIRED AT THE FEDERAL LEVEL.

ALSO HAS THE MINIMUM STATE AND FLORIDA BUILDING CODE REGULATIONS.

ONE OF THE CHANGES HAPPENED RECENTLY, A LOT OF LOCAL ORDINANCES USED TO REPEAT EVERYTHING THAT BUILDING CODES SAID AND REALIZE THAT THERE IS A LOT OF REPETITION AND MAKES THINGS CONFUSING.

SOME OF THE CHANGES WE'RE MAKING IS TO HELP DIRECT THE BUILDING CODE.

WHEN THE BUILDING CODE COVERS IT, LET THE BUILDING CODE STAND AND SPEAK.

DEAL WITH THINGS HIGHER STANDARD OR DIFFERENT.

THE THIRD PIECE IS HIGHER LOCAL STANDARDS.

A LOT OF THE QUESTIONS THAT COME UP, WHY CAN'T WE JUST DO WHAT FEMA SAYS OR JUST THE STATE CODE? WELL, THE VERY ESSENCE OF AN ORDINANCE IS TO BE TAILORED TO THE LOCAL LEVEL.

IT WILL HAVE HIGHER STANDARDS.

WE'VE HAD SOME IN THE PAST.

WE'RE TRYING TO ROLL THOSE IN.

THERE'S THREE PIECES IN THE CITY'S ORDINANCE.

MINIMUM FEDERAL STANDARDS, MINIMUM STATE STANDARDS AND LOCAL HIGHER STANDARDS.

SO WE'RE GOING TO LOOK AT A COUPLE TOPICS.

PRIMARY ONES, SECONDARY ONES.

REALLY WE'RE LOOKING AT THE FREE BOARD TOPIC.

WE'RE GOING TO DISCUSS THAT.

HOW DOES THAT AFFECT THE REST OF THE CODE.

AND THEN THE .2 PERCENT ANNUAL CHANCE, 500-YEAR FLOODPLAIN.

REGULATIONS GEARING TOWARDS THAT.

WE'RE GOING TO HAVE OTHER WORKSHOPS LATER AND WE MAY EVEN ADD ADDITIONAL WORKSHOPS GEARED TOWARDS CERTAIN TOPICS.

BOTH OF THESE FREE BOARD AND .2 ANNUAL CHANCE TIE INTO A COUPLE OF OTHER TOPICS.

FILL RELATES TO IT AND HOW THAT RESTRICTIONS.

THERE ARE SOME OTHER PIECES OF THE ORDINANCE THAT RABBIT TRAIL INTO THIS PIECE.

WE'RE GOING TO LEAVE THOSE FOR ADDITIONAL WORKSHOPS.

WHEN FLOODPLAIN MANAGEMENT IS WORKING WELL, EVERYTHING TOUCHES EVERYTHING.

NATURE OF THE BEAST.

WE'RE GOING TO TRY TO FOCUS ON THESE FOUR TOPICS TODAY.

SO I'M GOING TO WALK YOU THROUGH THE LANGUAGE AND THERE IS A LOT OF LANGUAGE IN THE DOCUMENT.

36-PAGE PROPOSED FLOODPLAIN ORDINANCE.

BUT IF YOU FLIP THROUGH THIS DOCUMENT, IF YOU WERE HERE IN FEBRUARY.

MOST OF THE TEXT IS JUST IN BLACK AND WHITE.

THAT MEANS IT'S NOT CHANGING.

THAT MEANS IT'S AS IS.

SO THE ONLY TEXT THAT IS CHANGING IS ACTUALLY HIGHLIGHTED IN YELLOW.

THERE IS NOT A LOT COMPARATIVELY OF THE 36 PAGES THAT IS CHANGING.

SO I WANTED TO TRY TO STREAMLINE THE FOUR TOPIC AREAS AND WHAT IS ACTUALLY CHANGING.

AND WHAT WE'RE DOING STEP BY STEP.

SO BASICALLY, FREE BOARD AND FREE BOARD IS THE EXTRA HEIGHT YOU BUILD TO ABOVE A SET STANDARD AND THE SET STANDARD

[00:10:03]

IS THE BASE FLOOD ELEVATION.

100-YEAR FLOOD ELEVATION.

THAT IS SET BY FEMA ON THE FLOOD MAPS.

HISTORICALLY, PREVIOUSLY THE CITY, SINCE 2013, HAD BEEN ONE FOOT ABOVE THE MINIMUM STANDARD.

WELL, THE MINIMUM STANDARD CHANGED ON JANUARY 1ST, 2018.

AND IT BECAME A FOOT ABOVE THE BFE.

THE POINT OF THE FREE BOARD ORDINANCE IS TO REESTABLISH THE CITY'S HIGHER STANDARD OF BEING ONE FOOT ABOVE THE MINIMUM.

AND WHAT THAT MEANS IN THIS SITUATION IS TWO FEET ABOVE THE 100-YEAR FLOOD ELEVATION.

BEING A BARRIER ISLAND, WE ARE THE WALL THAT STORMS HIT BEFORE THEY GET TO THE REST OF THE STATE.

SO WE'RE JUST CONTINUING THAT IDEA OF BEING A FOOT ABOVE THE MINIMUM STANDARD.

SO BUILDINGS AND STRUCTURES IN THE FLOOD HAZARDS.

FLOOD HAZARD AREAS MUST BE TWO FEET ABOVE THE BASE FLOOD ELEVATION.

GOING FROM ONE FOOT TO TWO FEET.

THAT IS THE CHANGE HERE.

AREAS OF SHALLOW FLOODING.

THESE ARE YOUR ZONE AO FLOODPLAINS.

THE TOP NUMBER ONE REFERS TO AE AND AH AND A ZONES.

AO ZONES YOU'LL SEE A LOT OF TIMES ON THE BEACH.

FLOOD ZONE THAT SAYS WE DON'T KNOW A FLOOD ELEVATION, BUT WE KNOW DEPTH.

IT'S USUALLY IN SHALLOW FLOODING AREAS LIKE THE BACK OF SAND DUNES.

CURRENTLY, IT SAYS YOU MUST BE A FOOT ABOVE THE GROUND IN THOSE AREAS.

WELL, WE'RE GOING FROM ONE FOOT TO TWO FEET.

AND WELL, ABOVE THE GROUND, ABOVE THE ELEVATION ON THE FEMA MAPS.

FEMA MAPS HAVE A DEPTH OF ONE, TWO, 3 FEET.

THE CURRENT STANDARD SAYS YOU GOT TO BE ONE FOOT ABOVE WHAT FEMA SAYS.

FOUR FEET, A FOOT ABOVE THE MINIMUM STANDARD.

BASEMENTS, IF YOU'VE GOT BASEMENTS, WHICH IS ANY ENCLOSURE THAT IS BELOW GRADE ON ALL SIDES, TECHNICALLY CALLED A BASEMENT.

TO RAISE THAT FACTOR OF SAFETY AND LEVEL OF PROTECTION.

AND THEN ONCE AGAIN IN THE B ZONES.

LOWEST HAS TO BE TWO FEET ABOVE.

THE WHOLE ESSENCE HERE IS ONE FOOT REQUIREMENTS GO TO TWO.

ADDING A FOOT.

THIS IS FOR RESIDENTIAL.

FOR NONRESIDENTS, A LITTLE DIFFERENTLY, FLORIDA BUILDING CODE TREATS IT DIFFERENTLY.

IT USED TO BE IN THE CITY'S ORDINANCE.

FLORIDA BUILDING CODE SAYS SOMETHING ALREADY, THE STANDARD IS NOT TO REPEAT IT.

JUST REFERENCE IT.

SO FOR RESIDENTIAL, FLORIDA BUILDING CODE, THIS IS THE LANGUAGE WE'RE MODIFYING.

THIS IS WHY YOU'LL SEE IN THE ORDINANCE THAT THIS REFERS TO CHANGING THE FLORIDA BUILDING CODE, RATHER THAN THE CITY'S ORDINANCE.

FOR NON-RESIDENTIAL, THIS IS WHAT THE CURRENT FLORIDA BUILDING CODE SAYS.

SAYS YOU HAVE TO IDENTIFY THE FLOOD DESIGN CLASS OF A BUILDING.

AND THEN YOU HAVE CERTAIN ELEVATION REQUIREMENTS DEPENDING ON THE FLOOD DESIGN CLASS.

NOW, THIS IS A LANGUAGE THAT IS IN ASE 24, FLORIDA BUILDING CODE SAYS THAT BUILDINGS HAVE TO COMPLY WITH ASE 24.

IN THE REQUIREMENTS, IT SAYS THAT IN ANY BUILDING PERMIT, THE DESIGN PLANS HAVE TO IDENTIFY THE FLOOD DESIGN CLASS OF THE BUILDING.

IT GOES THROUGH THE REQUIREMENTS OF THE FLOOD DESIGN CLASS.

THEY VARY DEPENDING ON THE USE AND THE FUNCTION OF THE BUILDING.

CLASS 2, 3, 4.

YOU GET INTO CLASS 3, AND 4, BASED ON HOW MANY PEOPLE ARE GOING TO BE IN THE BUILDING IN GENERAL.

WHAT KIND OF MATERIALS ARE IN THE BUILDING.

IF YOU HAVE A HOSPITAL, THAT IS GOING TO BE A CLASS FOUR.

IF YOU HAVE A NURSING HOME FACILITY THAT DOES NOT HAVE SURGICAL FACILITIES, THAT MAY BE A CLASS THREE.

ALWAYS DEPENDENT ON WHO IS GOING TO BE IN THE BUILDING.

A SCHOOL MIGHT BE A CLASS FOUR.

AUDITORIUM THAT HOUSES 500 PEOPLE MIGHT BE A CLASS 3 OR 4.

THE DOCUMENT ASE 24 WALKS THROUGH EXACTLY WHAT KIND OF BUILDINGS ARE IN THESE FLOOD DESIGN CLASSES.

AND THE INTERESTING THING ABOUT THIS, IT DOESN'T GIVE CREDIT FOR MITIGATION, OR EVACUATION PLANS OR PLANNING.

SO IF I HAVE A HOSPITAL AND WE HAVE A PLAN THAT SAYS THREE DAYS BEFORE ANY STORM EVERYBODY IS GOING TO BE GONE AND WE'RE SAFE.

THE BUILDING CODE SAYS THAT IS GREAT, BUT YOU'RE STILL A FLOOD DESIGN CLASS FOUR.

SO YOUR EVACUATION PLANS, MITIGATION PLANS DON'T CHANGE YOUR FLOOD DESIGN CLASS.

[00:15:01]

SO THIS IS WHAT THE FLORIDA BUILDING CODE SAYS.

WE ARE ADDING THIS LANGUAGE TO THE CITY'S ORDINANCE BECAUSE ALL OF THESE PIECES ARE SCATTERED IN ABOUT SEVEN DIFFERENT TABLES IN THIS ASE 24.

THERE IS NO ONE SPOT WHERE THEY'RE ALL WRITTEN OUT NICELY.

SO THIS, IF WE WROTE IT OUT NICELY WHAT IT SAYS TODAY, THIS IS IT.

SO THE FIRST CATEGORY, FOOT ABOVE.

THE NEXT CATEGORY, FOOT ABOVE SOMETIMES.

BUT WHEN YOU'RE IN COASTAL ZONES, YOU GOT TO BE TWO FEET ABOVE.

AND THEN REALLY THE HIGHER CLASS BUILDINGS HAVE TO BE FOUR FEET ABOVE.

OR THE 500-YEAR, WHICH IS HIGHER.

THERE IS ALL THIS IF THIS, THEN THAT IS GOING ON.

APPLY OUR FREE BOARD, THE ONE GOES TO TWO, TWO GOES TO THREE.

THIS IS WHAT TODAY'S CODE WOULD LOOK LIKE IF THE ONLY THING WE DID WAS APPLY FREE BOARD.

FLOOD DESIGN CLASS THREE GETS CONFUSING AND CONVOLUTED.

SOMETIMES IT'S 3 FEET.

PROPOSED LANGUAGE TRIES TO SIMPLIFY THINGS.

FLOOD DESIGN CLASS TWO, YOU GOT TO BE TWO FEET ABOVE.

IF YOU'RE A THREE OR FOUR, YOU GOT TO BE 3 FEET ABOVE, OR 500-YEAR, WHICHEVER IS HIGHER.

IT GETS RID OF THE NUANCES IN THE MIDDLE.

MAKES THINGS SIMPLER.

NOW, SOME OF THE QUESTIONS WE HAD COME UP ABOUT FREE BOARD, WHAT IS THE BASIS OF WHY WE'RE AMENDING THE FLORIDA BUILDING CODE AND ADDING THIS SECTION.

JUST LIKE I SAID, THIS LANGUAGE IS NOT CURRENTLY IN THE BUILDING CODE IN A NICE PRETTY SPOT.

SO IN ORDER TO CODIFY IT, WE'RE ADDING AN ADDITIONAL ITEM.

IF YOU LOOK IN THE FLORIDA BUILDING CODE, THAT NUMBER DOESN'T EXIST.

1612.41 DOES. AND THEN IT GOES ON TO 1612.5.

WE'RE ADDING A .2 TO ADD THIS LANGUAGE IN.

TO MAKE IT SIMPLER.

THE QUESTION CAME IN, WELL, IF THE CITY IS ONLY ADDING ONE FOOT TO THE MINIMUM, WHY DO YOU HAVE TWO AND 3 FEET FOR SOME BUILDINGS.

THOSE ARE THE FLOOD DESIGN CLASS BUILDINGS WE TALKED ABOUT.

DEPENDING ON THE USE OR FUNCTION OF THE BUILDING, THE FLORIDA BUILDING CODE REQUIRES THAT YOU BUILD HIGHER.

ONCE AGAIN, PUTTING ONE FOOT ON TOP OF THE MINIMUM REQUIREMENTS.

THIS QUESTION CAME UP, HOW DOES THIS APPLY TO UNNUMBERED A ZONES? ON THE FEMA MAPS, DETAILED FLOOD ZONES.

BFES ON THE NUMBER ON THE MAP.

OCCASIONALLY YOU'LL HAVE AN A ZONE, WHERE THERE IS NO NUMBER, TWO LOTS AFFECTED BY THOSE.

IN THAT SITUATION, THE BUILDING CODE TELLS THE BUILDING OFFICIAL TO REQUIRE A STUDY.

WE DON'T HAVE A NUMBER ON THE MAP.

BUT THE BUILDING CODE SAYS THE BUILDING OFFICIAL SHOULD MAKE THE APPLICANT DEVELOP OR FIND ONE AND USE THAT.

SO THERE IS STILL A NUMBER.

IT DOESN'T AFFECT A LOT OF PEOPLE, BUT IT IS A GRAY AREA IN THE CODE THERE THAT GETS CONFUSING.

SO THAT IS FREE BOARD.

NOW, WE'RE ALSO TALKING ABOUT THE .2 PERCENT ANNUAL CHANCE FLOODPLAIN.

THIS IS THE 500-YEAR FLOODPLAIN FOR THOSE OF YOU WHO ARE FAMILIAR WITH THAT TERMINOLOGY.

REMEMBER THE ONE PERCENT ANNUAL CHANCE AND 100-YEAR AND 500, THOSE AREN'T STORMS THAT HAPPENED EVERY 100 YEARS OR EVERY 500 YEARS, BECAUSE NATURE DOESN'T WORK THAT WAY.

NATURE DOESN'T HAVE A CALENDAR THAT SAYS HEY, IT'S TIME FOR THE NEXT STORM.

.2 PERCENT CHANCE TO HAPPEN EVERY YEAR.

SO THAT'S WHY YOU'LL HEAR PLACES THAT HAVE HAD THREE 100-YEAR STORMS IN A YEAR.

BECAUSE YOU MAY ROLL THE DICE 24 TIMES AND GET SNAKE EYES AND GET 12.

DICE DOESN'T FOLLOW ODDS, NEITHER DOES NATURE.

THIS IS THE STANDARD FEMA DEFINITION.

ALL THIS DOES IS SAY EXACTLY WHAT THE .2 PERCENT FLOODPLAIN IS.

WE'RE ADDING THAT TO THE DEFINITIONS.

AND THAT DEFINITION ALONE DOESN'T REGULATE ANYTHING.

IT JUST SAYS WHAT IT IS.

WE'RE ADDING ONE SENTENCE INTO SCOPE.

THE SCOPE SAYS THIS ORDINANCE APPLIES TO THE FLOODPLAIN.

WE'RE ADDING ONE SENTENCE THAT SAYS EXCEPT THIS PIECE APPLIES TO THE 500-YEAR.

WE'RE ADDING THAT IN TO BROADEN THE SCOPE TO MAKE THAT CLEAR.

THIS IS THE ONE REGULATION THAT ACTUALLY CHANGES THINGS.

SO THIS SAYS THAT BUILDINGS IN THE .2 PERCENT ANNUAL CHANCE WILL, SHALL COMPLY WITH THE ELEVATION REQUIREMENTS IN THE ADJACENT 100-YEAR FLOODPLAIN.

BASICALLY THIS SAYS IF WE'RE GOING TO REQUIRE BUILDINGS IN THE 100-YEAR FLOODPLAIN TO BUILD TO A CERTAIN LEVEL, THEN THE BUILDINGS NEXT TO IT NEED

[00:20:02]

TO BE BUILT TO THE SAME LEVEL OF PROTECTION.

BECAUSE FLOODS DON'T READ MAPS.

SO WHEN WE'RE TALKING ABOUT CHANGE FLOOD ZONES, IT'S ON A HIGHER GROUND.

SO THE FLOOD WATERS MAY NOT REACH THERE.

WHY ARE WE DOING THIS? WHY DO WE NEED TO REGULATE THE 100-YEAR FLOODPLAIN OUTSIDE THE 100-YEAR FLOODPLAIN? HERE IS A LOCATION IN THE CITY.

THE BUILDING ON THE LEFT IS IN THE 100-YEAR FLOODPLAIN.

BUILDING ON THE RIGHT IS IN THE 500-YEAR FLOODPLAIN.

PARKING AREA IN THE STREET IS THE LINE ON THE MAP.

FLOOD HAPPENS, DOES IT KNOW TO STOP AT THE ROAD? NO. AND REMEMBER, THE HOUSE ON THE LEFT, WE'RE NOT MAKING IT BUILD ABOVE THE 100-YEAR FLOOD ELEVATION, WE'RE MAKING IT BUILD A FOOT ABOVE THE 100-YEAR FLOOD ELEVATION.

WHAT HAPPENS WHEN THE WATER GOES A FOOT ABOVE, IT CROSSES THE STREET.

IF WE DON'T REGULATE THE 500-YEAR FLOODPLAIN TO THE SAME LEVEL, THE BUILDING ON THE RIGHT IS AT GREATER RISK TO THE FLOOD THAN THE BUILDING ON THE LEFT.

SO WHEN THE FLOOD WATER COMES, WATER GOES FLAT.

IT DOESN'T CARE WHERE THE LINE ON THE MAP IS.

IT'S IN THE AREAS LESS THAN A FOOT HIGHER THAN THE 100-FOOT ELEVATION.

THIS WOULD BE BUILT TO THE SAME LEVEL OF PROTECTION.

A LOT OF LIKE WHY ARE WE REGULATING THAT TO A HIGHER STANDARD? WE'RE NOT.

WE'RE REGULATING IT CURRENTLY TO A LOWER STANDARD.

BECAUSE THE NEIGHBOR ACROSS THE STREET IS NOT PROTECTED FROM THE SAME FLOOD THAT YOU ARE.

WE'RE SAYING IF WE'RE GOING TO PROTECT THIS HOME, WE'RE GOING TO PROTECT THE ONE ADJACENT TO IT.

HERE IS ANOTHER EXAMPLE.

WAREHOUSE ON THE LEFT IS 100-YEAR FLOODPLAIN.

ONCE AGAIN, WHEN THE FLOOD WATERS COME, THEY DON'T CARE WHERE THE LINE ON THE MAP IS.

SO NEW DEVELOPMENT WOULD HAVE TO BE BUILT IN COMPLIANCE CONSISTENTLY BETWEEN THE 100 AND 500-YEAR FLOODPLAIN.

ANOTHER SPOT.

THE WATER, OF COURSE, DOESN'T STOP AT THE STOP SIGNS OR STREET.

BOTH HOMES SHOULD BE ELEVATED TO THE CORRECT LEVEL.

BISTRO IS A VACANT LOT THAT IS OPENED FOR DEVELOPMENT.

SO RIGHT NOW THAT LOT WOULD BE BUILT AT GRADE.

EVEN THOUGH WE HAVE A FLOOD RISK IDENTIFIED HERE.

THIS ORDINANCE WOULD SAY THAT THE BUILDING ON THE LEFT IN THAT VACANT LOT WOULD HAVE TO BE BUILT TO THE SAME LEVEL OF PROTECTION.

SO ONCE AGAIN, WE'RE CONSISTENT FLOODPLAIN MANAGEMENT, NOT A HIGHER STANDARD.

NOT INCONSISTENT STANDARDS, EQUAL STANDARDS FOR BOTH FLOOD PLAINS.

SO THUS, THE FREE BOARD WOULD ALSO APPLY IN THIS 500-YEAR FLOODPLAIN.

THE QUESTION IS THIS ORDINANCE RETROACTIVE? IT ALL APPLIES TO NEW DEVELOPMENT OR SUBSTANTIALLY IMPROVED DEVELOPMENT.

THAT IS AN FEMA REGULATION THERE.

SO ONCE THIS ORDINANCE IS PASSED, IT DOESN'T MEAN YOU MUST NOT ELEVATE ALL BUILDINGS IN THE CITY.

IT JUST MEANS THAT FOR FUTURE DEVELOPMENT, THESE ORDINANCES WOULD BE THE GOVERNING LANGUAGE.

IN ADDITION, THE 2205 IS THE ONLY EXTRA ORDINANCE THAT WOULD APPLY TO THE 500-YEAR FLOODPLAIN.

SUBSTANTIAL IMPROVEMENT DOESN'T APPLY TO THE 500-YEAR FLOODPLAIN.

THIS ORDINANCE IS THE ONE THAT APPLIES IN THE 500-YEAR FLOODPLAIN.

ANOTHER QUESTION THAT CAME UP, THE INTENT WAS TO PROVIDE FREE BOARD, THEN WHY DON'T WE JUST APPLY IT ACROSS THE ENTIRE CITY.

THE ZONE AO REGULATIONS, FEMA DOESN'T KNOW A FLOOD ELEVATION, THEY JUST SAY IN THIS AREA, FOUR FEET ABOVE GROUND.

THAT WAY WE'RE ABOVE THE GROUND, WE'RE ABOVE WATER WHEN IT GETS THAT DEEP.

[00:25:02]

WHY DON'T WE APPLY THAT REGULATION ACROSS THE ENTIRE CITY FOR TWO FEET.

WHICH WOULD PROTECT IT FROM WATER THAT GOT UP TO TWO FEET DEEP.

THAT'S NOT OUR ORDINANCE WE'RE RECOMMENDING RIGHT NOW.

OF COURSE, IT WOULD PROTECT BUILDINGS OUTSIDE OF THE MAP FLOOD ZONE.

THERE IS A LOT OF BUILDINGS IN MEXICO BEACH THAT WOULD HAVE WISHED THEY WOULD HAVE BEEN PROTECTED TO THE 100-YEAR FLOOD ELEVATIONS, MY PARENTS HOUSE BEING ONE OF THEM.

THESE REGULATIONS ONLY APPLY TO THE 100-YEAR AND 500-YEAR FLOODPLAIN.

SO WE HIT THE FIRST TWO.

FREE BOARD AND 500-YEAR FLOODPLAIN.

.2 PERCENT.

FILL, THERE ARE RECOMMENDATIONS TO CHANGE THE WAY (INAUDIBLE) COASTAL COMMUNITY, THAT MAY NOT SEEM LIKE A BIG DEAL BECAUSE HOW MANY LOTS DOES IT TAKE TO TAKE UP THE CAPACITY IN THE OCEAN.

HOWEVER, IT DOES AFFECT LOCAL STORMWATER AND RAINFALL.

SO IF YOU ADD FILL INTO THE FLOODPLAIN, THE WATER IS GOING SOMEWHERE ELSE.

AND USUALLY TO A LOWER NEIGHBOR.

SO THE IDEA OF ADDING FILL INTO THE FLOODPLAIN PUSHES THE WATER SOMEWHERE ELSE.

IN ADDITION, THE FLOODPLAIN IS ACTUALLY THERE BECAUSE IT'S DESIGNED TO FLOOD.

JUST BY NATURE'S DESIGN.

AND HAVE HABITAT.

SO THERE IS NATURAL AND BENEFICIAL FUNCTION TO THE FLOODPLAIN.

AS WE ADD FILL INTO THE FLOODPLAIN, WE'RE LOSING HABITAT AND TREES AND REDOING THE FLOODPLAIN THERE.

THERE IS A COUPLE OF DIFFERENT REASONS FOR LIMITING THE AMOUNT OF DIRT WE PUT IN A FLOODPLAIN.

BECAUSE ALL FLOODPLAIN COULD BE FILLED IN.

BUT THAT IS NOT WHAT WE WANT.

THAT IS NOT THE GOAL OF FLOODPLAIN MANAGEMENT.

THE FIRST CHANGE WE'RE SAYING IF YOU HAVE TO HAVE COMPENSATORY STORAGE, YOU HAVE TO INDICATE IT ON THE PLANS.

ALL IT IS IS BUCKET FOR BUCKET.

IF YOU ADD A BUCKET OF DIRT IN THE FLOODPLAIN, YOU GOT TO DIG OUT A BUCKET OF DIRT.

COMPENSATING FOR THE STORAGE THAT WAS LOST.

THIS IS WHERE WE GET INTO LIMITING THE FILL.

ALL OF THE WHITE LANGUAGE IS EXISTING LANGUAGE.

PART OF THE CITY ORDINANCE.

THE ONLY THING WE'RE CHANGING IS WHAT IS IN YELLOW.

FILL SHOULD NOT BE USED TO ELEVATE BUILDINGS.

THE MOST COMMON USE FOR FILL FOR FLOODPLAIN IS TO GET THE BUILDING OUT OF FLOOD ELEVATION.

A LOT OF TIMES THE MOST COMMON APPROACH.

BUT THAT IS NOT ALWAYS REQUIRED.

BECAUSE YOU HAVE A LOT OF FOUNDATION SUPPORTS, FOUNDATION DESIGNS, GARAGES, STEM WALLS, SLABS THAT CAN ELEVATE THE BUILDING ABOVE THE FLOOD ELEVATION AS NEEDED.

FILL IS GOING TO BE LIMITED BY THIS ORDINANCE.

IF YOU NEED TO HAVE YOUR HOUSE AT A CERTAIN ELEVATION, DON'T GO IN AND NUKE THE WORLD AND ADD A BUNCH OF FILL DIRT.

GET YOU TO ELEVATE IT ON EITHER A GARAGE FOUNDATION OR SOME OTHER FOUNDATION.

NOW, THE REST OF IT WE SAID IN ADDITION, IF THERE IS FILL PLACED OR OTHER PURPOSES, BECAUSE THE FILL IS NOT GOING TO BE ALLOWED TO ELEVATE A BUILDING, THEN YOU HAVE TO COMPLY WITH THESE REGULATIONS.

SO WE HAVE ONE GEARED FOR LANDSCAPING, DRAINAGE AND PARKING, SLABS, PATIOS AND WALKWAYS.

WE KNOW WHEN YOU'RE DEVELOPING, YOU'VE GOT TO ADD SOME SORT OF DIRT TO SMOOTH OUT THE GROUND, LEVEL IT.

SO IN THIS SITUATION, WE'RE GOING TO LIMIT IT TO SIX INCHES.

IF YOU NEED TO PUT IN A POOL PATIO, DON'T PUT FOUR FEET OF DIRT.

ENOUGH DIRT TO SMOOTH THE GROUND FOR DRAINAGE PURPOSES, DIRECT THE WATER AWAY FROM THE BUILDINGS.

DIRT IS REQUIRED.

AND IT SHOULD BE PART OF THE PROCESS.

BUT THE IDEA HERE IS TO USE IT WISELY.

AS YOU'RE USING DIRT TO SUPPORT THE SIDEWALKS AND ALL, USE A LIMITED AMOUNT, SIX INCHES.

NOW, THERE ARE LOTS OF SITUATIONS WHERE YOU NEED TO USE MORE THAN SIX INCHES.

A LOT OF STORMWATER DEVELOPMENT THAT NEEDS TO HAVE MORE HEIGHT.

AND THERE IS A LOT OF SITE REQUIREMENTS THAT SOMETIMES YOU'LL NEED MORE DIRT.

IN THAT CASE, WE HAVE A STORMWATER DIRECTOR.

ANDRE IS A STORMWATER ENGINEER.

BACKGROUND AND EXPERTISE IS HOW STORMWATER MOVES THROUGH SYSTEMS. IF YOU HAVE A SITUATION WHERE YOU NEED TO ADD MORE SIX INCHES, YOU WOULD SUBMIT THE PLAN TO ANDRE AND HAVE IT REVIEWED AND DOCUMENT YOUR COMPENSATORY STORAGE.

IF YOU'RE GOING TO PUT IN EIGHT INCHES OF FILL DIRT, YOU HAVE TO COMPENSATE FOR THE STORAGE WE'VE LOST.

SO IF YOU PUT IN SIX BUCKETS OF DIRT, YOU GOT TO TAKE OUT SIX

[00:30:02]

BUCKETS TO IDENTIFY WHERE THAT IS.

BUT ONCE AGAIN, SOMETIMES THE IDEA OF NEEDING TO REPLACE THE STORAGE YOU HAVE LOST DOESN'T MEET THE SITE DESIGN REQUIREMENTS.

NUANCES WHERE THE SITE CAN MAINTAIN ITS OWN CAPACITY WITHOUT DOING THAT.

AND THEN THAT WOULD BE AN APPLICATION TO THE STORMWATER DIRECTOR.

SO ANDRE I NEED TO PUT IN MORE THAN SIX INCHES.

WE'VE APPROVED YOU TO PUT IN NINE INCHES OF DIRT IN FOR YOUR POOL PATIO.

WELL, YOU YOU NEED COMPENSATORY STORAGE.

IT TURNS OUT THAT YOUR SITE CAN ACTUALLY ACCOMMODATE THE VOLUME.

EVERY SITE IS DIFFERENT IN TERMS OF FLOOD WATER.

SO THAT IS WHY WE HAVE THIS PROCESS.

AND JUST LIKE ANY OTHER STAFF MEMBER, THEY HAVE THAT POSITION BECAUSE OF THE BACKGROUND, EXPERTISE AND KNOWLEDGE.

ANDRE HAS GOT THE CHOPS TO MAKE THE DECISIONS AND ESTIMATES.

SO NOW THERE HAVE BEEN A LOT OF QUESTIONS, HOW DO I APPEAL THAT? WHAT IF I DON'T LIKE THE RESPONSE FROM THE STORMWATER DIRECTOR? THE CITY HAS A STANDARD ADMINISTRATIVE APPEAL PROCESS.

LAID OUT.

NO DIFFERENT THAN THIS.

STANDARD PROCESS.

WE DON'T NEED A SPECIAL PROCESS FOR THIS.

IT'S ALREADY LAID OUT.

NOW, THE OTHER ONE IS FILL YOU'RE PUTTING IN, IT HAS TO BE COMPACTED IN THE DESIGN ENGINEER REQUIREMENTS.

THE ONLY WAY TO ENSURE THAT IS A DESIGN ENGINEER PROFESSIONAL CERTIFYING THAT.

WE'RE GOING TO REQUIRE THAT THE FILL THAT IS BEING PLACED IS CERTIFIED BY A DESIGN PROFESSIONAL.

NOW WE'RE STILL LOOKING AT SOME OF THE NUANCES OF THIS.

IT DOESN'T SEEM REALISTIC THAT YOU NEED TO PUT DOWN TWO INCHES OF FILL DIRT TO SUPPORT A SIDEWALK THAT WE NEED AN ENGINEER TO SIGN AND SEAL THAT MAYBE.

SO THERE ARE NUANCES WE'RE LOOKING AT.

WHEN DOES THIS APPLY, WHEN DOES IT NOT APPLY? BUT IN GENERAL, THERE IS A DESIGN REQUIREMENT HERE.

THIS TIES IN WITH ASE 24, THE ENGINEERING DOCUMENT THAT CERTIFIES A LOT OF DESIGN.

THE BUILDING CODE ADOPTS THAT BY REFERENCE, SO IT'S LAW IN THE STATE OF FLORIDA, WHETHER WE WANT IT TO BE OR NOT.

A LOT OF IT IS TIED IN TO THERE, WE'RE JUST CODIFYING IT IN THE ORDINANCE BECAUSE IT'S IN A RANDOM TABLE IN THE BACK OF ASE 24.

THE LAST ONE IS WHEN YOU DO HAVE A LIMITED FILL OR YOU'VE GOT, IT'S A POSITIVE DRAINAGE REGULATION, SO IT'S SAYING THAT THE FILL SHOULD EXTEND BEYOND THE FOUNDATION WALL AND SLOPING AWAY.

BASICALLY WE DON'T NEED A 45-DEGREE ANGLE OF FILL AGAINST THE BUILDING.

WE NEED SOME SORT OF GENERAL SLOPE SO THAT EROSION DOESN'T HAPPEN.

IT'S PROTECTED FROM THE FLOOD WATERS COMING THROUGH.

THOSE ARE THE FILL REQUIREMENTS, CHANGES FOR FILL THERE.

NOW, OF COURSE, WHEN YOU START LIMITING THE AMOUNT OF FILL THAT CAN BE PLACED, WHEN YOU'RE IMPACTING THE HEIGHT REQUIREMENTS, BECAUSE HEIGHT IS MEASURED FROM FILL, OR FROM THE GRATE.

SO WE LOOKED AT THE NUANCES THERE.

WE WANT TO PRESERVE THE IDEA OF THE HEIGHT LIMIT BECAUSE YOU KNOW, THAT IS BASED ON VISIBILITY AND SKY LINE AND ALL.

BUT WE DIDN'T WANT THE FLOOD ORDINANCE TO LIMIT SOMEBODY'S ABILITY TO BUILD.

SO FOR EXAMPLE, IF YOU'RE IN THE FLOOD ZONE, NOT THE COAST, NOT ON THE BEACH, BUT IN THE CITY, AND YOU NEED TO PUT FOUR FOOT OF FILL IN TO GET ABOVE THE FLOOD ELEVATION, WELL, THEN YOU WOULD BE ABLE TO PUT A 35-FOOT HOME ON TOP OF IT.

IF WE DON'T LET YOU PUT FOUR FOOT OF FILL IN, IS YOUR HOUSE SHRUNK? SO WE ADDRESS THAT.

AS YOU'RE LOOKING AT THE HEIGHT REQUIREMENTS, THE HIGHEST POINT OF THE BUILDING IS MEASURED FROM THE THE HIGHEST POINT OF THE BUILDING TO THE HIGHER OF, THE FLOOD ELEVATION, OR APPROVED FINISHED GRATE.

IT DOES NOT RAISE UP THE TOP OF THE HOUSE.

BECAUSE IF YOU HAD TO BE ABOVE THE BFE BEFORE AND YOU PUT IN FOUR FOOT OF FILL, YOU ADDED A 35-FOOT HOME ON THAT, THE LIMIT IS 39.

NOW YOU'RE NOT PUTTING IN THE FOUR FOOT OF FILL, SO YOU'RE GOING TO PUT IN A CRAWL SPACE OR OTHER FOUNDATION AND THE TOP OF THE HOME IS STILL GOING TO BE AT THAT 39.

BECAUSE OF IT'S BEING MEASURED FROM THE BFE.

WHICH IS BASICALLY WHAT THE FILL HAD BEEN BEFORE.

IT'S KIND OF A WASH.

SOMETIMES YOU MAY HAVE HALF A FOOT OFF HERE.

BUT WE DIDN'T WANT THE CRUNCH THE HOUSES BECAUSE THE FILL REQUIREMENT WAS GOING AWAY.

SO THIS ALLOWS FOR THAT HEIGHT REQUIREMENT TO STILL BE IN PLACE.

NOW, IN COASTAL ZONES, THOUGH,

[00:35:01]

YOU CAN'T PUT FILL DIRT IN THE V ZONES.

THOSE HOUSES STILL HAVE TO COMPLY WITH THE SAME STANDARDS AS WELL.

THERE ARE NUANCES TO THIS LANGUAGE HERE.

THERE MAY BE SOME LITTLE SMALL SITUATIONS THAT WE HAVEN'T ADDRESSED, THAT WE'RE TRYING TO PLUG THE HOLES AND PLAY DEVIL'S ADVOCATE ON SOME OF THESE SCENARIOS.

WE WANTED TO BASICALLY MAKE IT A WASH AS FAR AS THE HEIGHT REQUIREMENTS ARE ALLOWED, WHILE REMOVING THE ALLOWANCE FOR FILL IN THE FLOODPLAIN.

THOSE ARE FOUR TOPICS.

WE'RE GOING THROUGH THOSE AND

[Items 5 & 7]

DOCUMENTING THEM.

THOSE ARE THE FOUR TOPICS TODAY.

OPEN IT UP TO GENERAL Q&A.

WE'RE GOING TO BE TAKING NOTES OF THESE QUESTIONS.

ANGIE HAS BEEN PASSING OUT A COPY OF THE LATEST AND GREATEST VERSION OF THE ORDINANCE.

IT STILL HAS TO BE VETTED BY THE STATE TO MAKE SURE THE LANGUAGE WE'VE USED AND ADJUSTED MEET THE STATE REQUIREMENTS AND STATUTES.

>> CAN YOU GO OVER THE DEFINITION AGAIN, WHAT A BASEMENT IS?

>> BASEMENT IN GENERAL, THE SUB GRADE FLOOR, YOU GO DOWN BELOW GRADE.

ACCORDING TO THE FLORIDA BUILDING CODE, FEMA REGULATIONS, BASEMENT IS ANY ENCLOSURE THAT IS SUB GRADE ON ALL SIDES.

CRAWL SPACE THAT IS TWO FEET DEEP EVERYWHERE, TECHNICALLY THAT IS CALLED A BASEMENT BY FEMA STANDARDS AND BUILDING CODE STANDARDS.

EVEN THOUGH NOBODY IS LIVING DOWN THERE OR THERE IS NOT GOING TO BE A USE FOR IT, IT STILL HAS TO BE ABOVE THE FREE BOARD REQUIREMENT.

PRIMARILY, THE IDEA IS THAT IF WATER GETS TRAPPED DOWN THERE, THEN IT'S GOING TO CAUSE PROBLEMS. THAT IS WHERE THE BASEMENT IDEA COMES IN.

NO WAY FOR THE WATER TO DRAIN OUT.

BECAUSE THE GROUND OUTSIDE IS HIGHER ALL THE WAY AROUND.

BUT YOU DO HAVE TO BE CAREFUL TALKING ABOUT BASEMENTS.

BECAUSE FOLKS WHO ARE FROM THE NORTH WHERE BASEMENTS ARE REAL THING, GET PUSHED BACK IN A HURRY ON THE FLORIDA WORD FOR BASEMENT.

I SPOKE BEFORE ABOUT THE CORPS OF ENGINEERS ATLANTIC COASTAL STUDY.

IN THE FIRST YEAR OF A THREE-YEAR STUDY.

CORPS OF ENGINEERS HAS SET 3 FEET SEA LEVEL RISE FOR ALL ONE AND TEN PERCENT EVENTS.

EQUATES TO PROJECTIONS FOR THE HIGH FOR THE 50-YEAR AND MEDIUM FOR THE 50-YEAR AND THE HIGH.

FINALLY WE HAVE A REPUTABLE ORGANIZATION SETTING THE STANDARD.

SHOULD WE NOT BE LOOKING AT THAT STANDARD WHEN WE SET FREE BOARD? THESE BUILDINGS ARE GOING TO LAST MORE THAN 50 YEARS.

MAYBE NOT NOW, MAYBE TWO FEET IS FINE, BUT IN REALITY, WE SHOULD BE LOOKING AT WHAT THE DATA AND SCIENCE SAYS WHEN WE DO AN ORDINANCE.

>> YES, SIR.

AND THERE IS A LOT OF AGENCIES LOOKING AT SEA LEVEL RISE AND NOT JUST SEA LEVEL RISE, BUT DAMAGE ASSESSMENTS.

YOU KNOW, THERE IS A LOT OF INLAND AREAS THAT ARE A THOUSAND MILES FROM THE COAST THAT ARE HAVING MORE AND MORE DAMAGE BEYOND THE 100-YEAR FLOOD.

ATLANTA'S 2009 FLOOD, 55 PERCENT OR 60 PERCENT OF THE HOMES DAMAGED WERE NOT IN THE FLOODPLAIN.

THE IDEA OF PROTECTING ONLY TO THE 100-YEAR STANDARD HAS BEEN QUESTIONED A LOT IN THE U.S.

BASICALLY ABANDONED IN EUROPE.

EUROPE HAS SAID THAT IS NOT HIGH ENOUGH.

THREE FOOT, LOOKING AT SEA LEVEL RISE AND JUST THE AMOUNT OF DAMAGE AREAS HAVE BEEN EXPERIENCING TODAY CALLS INTO QUESTION THE 100-YEAR FLOOD AS THE BARE MINIMUM.

LOOKING AT, OF COURSE, FLORIDA, THE INTERNATIONAL BUILDING CODE HAS SAID ONE FOOT ABOVE IS BARE MINIMUM.

GOING TWO FEET ABOVE THE BARE MINIMUM, WHICH THE 3 FEET ABOVE IS A REASONABLE STANDARD.

ESPECIALLY FOR A COASTAL BARRIER ISLAND.

SO LONG-TERM, THAT IS DEFINITELY SOMETHING TO LOOK AT.

LISTEN TO THE CORPS OF ENGINEERS AND THE OTHER

[00:40:02]

AGENCIES LOOKING AT THE DATA.

BECAUSE THEY'RE NOT JUST GRABBING AT PIE IN THE SKY, THEY'RE LOOKING AT DAMAGES IN HOUSTON, LOUISIANA, FLORIDA.

LOOKING AT THE COST OF NOT DOING IT AND TRYING TO AVOID THAT DAMAGE.

BUT THE ORDINANCE WE RECOMMENDED IS JUST TO MAINTAIN THE CITY'S POLICY OF BEING A FOOT ABOVE THE BARE MINIMUM, WHICH IS TWO FEET ABOVE THE BFE FOR NOW.

BUT IT IS SOMETHING THAT WE'RE LOOKING AT WITH THE PLANNING DEPARTMENT AND BUILDING CODE.

>> COMMISSIONER ROSS.

>> WHAT IS THE EUROPEAN?

>> EUROPEANS, I THINK THEIR BARE MINIMUM IS 100-YEAR PLUS A FOOT. BECAUSE THEY'VE IDENTIFIED THE 100-YEARS AS INSUFFICIENT STANDARD FOR FLOODPLAIN MANAGEMENT.

>> IF NOT NOW, WHEN WOULD BE THE TIME TO LOOK AT IT?

>> LOOKING AT IT NOW, BUT LOOKING AT REGULATIONS, SOMETHING THE CITY IS GOING TO HAVE TO CONSIDER AND EVALUATE WHAT IS THE NEED AND REQUIREMENT THERE.

IT IS DEFINITELY SOUND.

FOR EXAMPLE, MEXICO BEACH, I KNOW WE'VE REFERRED TO THEM A COUPLE OF TIMES.

AFTER HURRICANE MICHAEL, THEIR STANDARD IS NOW A FOOT AND A HALF ABOVE THE 500-YEAR ELEVATION EVERYWHERE.

THAT IS STILL FOUR OR FIVE FEET BELOW THE STORM SURGE FOR MICHAEL.

THEY RECOGNIZED THAT THE 100-YEAR IS NOT ENOUGH, NEITHER THE 500-YEAR.

>> AS THIS PROCESS GOES ON, WE HAVE TO LOOK AT WHAT THE DATA SAYS.

AND YOU KNOW, WE DON'T WANT TO GET IN A POSITION, I DON'T THINK, OF REWRITING THIS EVERY FIVE YEARS.

AND CHANGING IT.

SO I'M JUST SAYING WE NEED TO LOOK CLOSE AT THAT.

THAT IS NOT A POPULAR THING.

BUT I THINK IT'S THE PROPER APPROACH, BASED ON WHAT IS OUT THERE AND WHAT IS HAPPENING.

>> YES, SIR.

AND ANOTHER THING, THE FLOOD INSURANCE IMPLICATIONS ARE SIGNIFICANT WHEN IT COMES TO THIS.

SO IF YOU'RE IN THE FLOODPLAIN AND YOU'RE BUYING FLOOD INSURANCE.

A FOOT ABOVE, GIVES YOU A LITTLE BIT OF DISCOUNT.

TWO FEET ABOVE, SIGNIFICANT.

FOUR FOOT ABOVE THE BFE DROPS YOUR TYPICAL POLICY IN THE COASTAL ZONE, FROM TEN THOUSAND DOLLARS TO $4,000.

SO $6,000 A YEAR IN SAVINGS WILL QUICKLY PAY FOR THAT EXTRA ELEVATION COST.

>> YOU MENTIONED THAT PRE-EXISTING STRUCTURES WERE EXEMPT UNLESS IT MET SUBSTANTIAL IMPROVEMENT.

WHAT IS THE DEFINITION OF SUBSTANTIAL IMPROVEMENT?

>> ACCORDING TO THE CITY'S CURRENT ORDINANCE, THAT HAS BEEN IN PLACE SINCE 2013, ANY MODIF MODIFICATION TO THE BUILDING, WHICH INCLUDES REPAIR OF DAMAGE, WHEN YOU ADD UP ALL OF THE NUMBERS, 30 PERCENT OF THE VALUE OF THE BUILDING, THE ENTIRE BUILDING MUST BE BROUGHT INTO COMPLIANCE WITH TODAY'S REGULATIONS.

$100,000, A $25,000 ADDITION WOULD NOT TRIGGER THAT.

A $30,000 WOULD.

NOW, THE FEDERAL MINIMUM IS 50 PERCENT.

THAT IS THE TRIGGER.

BUT THE CITY ADOPTED 30 PERCENT BACK IN 2013.

NO CHANGE IN SUBSTANTIAL IMPROVEMENT IN THESE REGULATIONS.

IN THE PROPOSED ORDINANCE.

>> THANK YOU.

OKAY.

ANY PUBLIC COMMENT? ANY QUESTIONS FROM THE PUBLIC? I THOUGHT I SAW A HAND GO UP EARLIER.

CAN YOU COME UP TO THE PODIUM SIR SO WE HAVE YOU ON THE RECORD? THANK YOU.

IF YOU COULD STATE YOUR NAME AND ADDRESS, PLEASE.

>> MY NAME IS JOHN HILLMAN, PART OF THE DEVELOPMENT TEAM AT CRANE ISLAND.

I'VE GOT A QUESTION, MAYBE IT'S LATE IN THE DAY, BUT WHEN YOU'RE TALKING ABOUT THE ELEVATION, AND BASED ON AN IMPROVED FILL OR CURRENT GRADE, WANT TO GIVE YOU A SCENARIO, BECAUSE I NEED AN EXAMPLE.

BECAUSE I WASN'T FOLLOWING IT.

SO IF WE WERE IN AN AE 9 AREA AND NATURAL GRADE WAS AT SIX FEET, WE NEED TO BE AT NINE FEET TO GET A BUILDING PERMIT TODAY.

>> TEN.

>> TEN.

SORRY, YOU'RE RIGHT.

SO I GOT TO GO FOUR FEET TO GET TO THE BASE LEVEL.

AND THEN HOW DO I CALCULATE TO THE TOP OF THE ROOF? HOW DOES THAT WORK?

>> SIR, WHAT IS YOUR ADDRESS, PLEASE?

>> I LIVE AT 3163 BAILEY ROAD.

>> THANK YOU, SIR.

>> SO THAT SCENARIO, THE REQUIREMENT IS FOR THE LOWEST FLOOR ELEVATION, LOWEST HABITABLE FLOOR, BFE PLUS A FOOT.

THE HEIGHT RESTRICTION WOULD BE FROM THE NINE.

9 PLUS 35 WOULD BE THE TOP.

>> BUT THAT ASSUMES, WHAT IF I BROUGHT IN FILL? SO IF I HAD AN IMPROVED GRADE? IS IT ALWAYS GOING TO GO FROM THE 9?

>> UNDER THE NEW ORDINANCE, IT WOULD.

BECAUSE THE FILL IS LIMITED TO

[00:45:04]

SIX INCHES OR STUFF FILL RELATED TO DRAINAGE.

SO IN THIS SITUATION TODAY, YOU CAN COME IN WITH FIVE FOOT OF FILL, RAISE THE HOUSE UP TO AN 11 AND THEN BUILD ON IT.

AND YOU'RE 35 FEET ABOVE THAT 11.

AND PLANNING, PLEASE CORRECT ME IF I'VE FORGETTING NUANCES TO THE CITY'S ORDINANCE.

BUT YOU BROUGHT IN FIVE FEET OF FILL DIRT TO THE FLOODPLAIN.

A LOT OF STORAGE THAT HAS BEEN LOST, A LOT OF BENEFICIAL FUNCTION TO THE FLOODPLAIN.

WATER IS BEING DIVERTED.

IF YOU JUST GOT RID OF THE FILL DIRT, THEN THIS ORDINANCE WOULD SET THAT LIMIT AT 9 PLUS 35.

NOW, GIVEN THAT TODAY, THAT WOULD, YOU KNOW, CURRENTLY THAT WOULD BASICALLY BE A WASH ABOUT WHERE YOU WOULD BUILD YOUR HOUSE.

BECAUSE NORMALLY, IN THE CITY, FROM MY UNDERSTANDING, THE FILL IS BEING BROUGHT IN TO ELEVATE THE HOUSE, BUT IT'S NOT NECESSARILY TRYING TO GET ABOVE THE BFE FOR A SINGLE FAMILY HOME.

SO THERE IS ABOUT A FOOT, PRETTY MUCH A WASH THERE.

NOW, WITH THE ADDED FREE BOARD, NOW WE'VE GONE FROM 9 TO 11.

THERE IS GOING TO BE A LITTLE BIT OF A LIMITATION THERE.

THERE IS A FOOT OF REDUCTION IN THE BUILDABLE HEIGHT OF THAT HOME BECAUSE THE CAP IS STILL BASED ON THE BFE.

SO THAT IS SOMETHING THAT THE COMMISSION COULD EVALUATE.

YOU KNOW, THE GOAL OF THE HEIGHT RESTRICTIONS IS TO LIMIT THE TOP OF THE HOUSES.

UNDER THIS PROPOSED ORDINANCE, WITHOUT THE FILL REQUIREMENT, 34 FOOT HEIGHT THERE.

>> YEAH, YOU'RE DONE.

KIDDING.

>> COMMISSIONERS COULD LOOK AT DO YOU WANT TO MAINTAIN THAT HEIGHT RESTRICTION FOR THE OVERALL CONSISTENCY OF THE COMMUNITY OR WOULD YOU WANT TO ADD THE CALCULATIONS FROM BFE PLUS A FOOT? SO ADDING IN THAT EXTRA FOOT AS OPPOSED TO TODAY, TO ALLOW THE HOME TO BE A FOOT HIGHER, THE ROOF OF THE HOME TO BE A FOOT HIGHER TO PRESERVE THAT BUILDABLE SPACE.

THE ORDINANCE CURRENTLY IS SET SO THAT THE SKY LINE STAYS THE SAME.

OCCASIONALLY WILL SQUOOSH A FOOT OUT OF SOME HOMES.

BUT THAT IS SOMETHING THAT THE COMMISSION COULD DO.

>> IT'S TRICKY.

WE PLAYED THE SHELL GAME ON THIS A LOT.

ALL RIGHT.

UNDER THIS SCENARIO, WHAT IF THIS, WHAT IF THAT.

THERE IS A LOT OF MOVING PIECES WHEN IT COMES TO THE FILL LIMITATIONS AND HEIGHT RESTRICTIONS.

WE WANTED TO MAKE SURE, ANDRE AND JAKE AND STEVEN, WE'VE BEEN LOOKING AT ALL OF THE SCENARIOS, TRYING TO FIGURE OUT THE SCENARIOS THAT BREAK THE SITUATION.

WE WANT TO MAKE SURE THAT WE'RE NOT CAUSING ANY UNINTENDED CONSEQUENCES WITH THIS.

BUT AT THE END OF THE DAY, GIVING SCENARIOS THAT HERE IS THE RECOMMENDATION AND HERE ARE THE WAYS THAT ORDINANCE COULD BE MODIFIED TO ACCOMMODATE THIS SCENARIO OR THIS SCENARIO.

>> THANK YOU.

ANYBODY ELSE? YES, SIR.

>> JOHN KHADR, 2016 ATLANTIC AVENUE.

I WOULD LIKE TO GET CLEAR, ONE ON THE 500-YEAR FLOODPLAIN, I THINK JUST AS A POINT OF CLARIFICATION, FOR EVERYBODY'S BENEFIT, I THINK WHAT WE'RE TALKING ABOUT, CORRECT ME IF I'M WRONG, IS THE ZONE X.

SHADED X ZONE.

SO JUST SO YOU DON'T GET FREAKED OUT, IT'S NOT ALL THE X ZONES, IT'S THE SHADED X ZONE THAT WOULD KICK YOU IN TO THE CONTIGUOUS A ZONE REQUIREMENTS.

BECAUSE THAT WASN'T POINTED OUT.

AND I THINK THAT WOULD PROBABLY SCARE SOME PEOPLE.

SO THE X SHADED ON THE MAP, WHICH IS A RELATIVELY SMALL AMOUNT OF PROPERTY, WHICH MAKES A HUGE DIFFERENCE, OTHERWISE YOU COULD GO ON FOREVER TO THE NEXT, YOU KNOW, WHO KNOWS WHERE IT WOULD STOP.

THE OTHER THING IS I THINK WE DISCUSSED THIS AT ONE OF OUR WORKSHOPS, AT PRETTY GOOD LENGTH.

THERE IS A LOT OF VERBIAGE AND THE LAYERING OF THE CODES, WE HAVE THE CITY ORDINANCE, BUT WE ALSO, THE CITY ORDINANCE REFERS TO THE FLORIDA BUILDING CODE.

THE FLORIDA BUILDING CODE ACTUALLY KICKS OFF ON SOME OF THEIR RESPONSIBILITY TO FEMA.

AND WHAT THE FLORIDA BUILDING CODE SAYS IS ONCE A BUILDING FALLS CCCL, YOU FALL UNDER FEMA REGULATIONS.

THIS RELATES TO THE SUBSTANTIAL

[00:50:02]

IMPROVEMENT STATEMENT OF 30 PERCENT, WHICH IS THE CITY ORDINANCE.

BUT FEMA'S REQUIREMENT OR THRESHOLD IS 50 PERCENT.

AND I THINK WE CONCLUDED, UNLESS I COMPLETELY DON'T REMEMBER THAT DISCUSSION, I THINK WE CONCLUDED AT THE END OF THAT MEETING THAT FOR BUILDING C OF THE CA OF THE CC W OF THE CCCL IS A A OF THE CCCL IS A R OF THE CCCL IS AD OF THE CCCL IS A 50 PERCENT THRESHOLD, VERSUS 30 PERCENT.

WHICH IS A HUGE DIFFERENCE.

AS YOU CAN SEE WITH THE HOUSES GETTING TORN DOWN.

I KNOW WE HAVE A NEW BUILDING OFFICIAL NOW THAT PROBABLY WANTS TO WEIGH IN ON THIS BECAUSE HE WASN'T HERE AT THE TIME.

BUT THAT IS AN IMPORTANT POINT I THINK THAT NEEDS TO BE FINE TUNED A LITTLE BIT OR CLARIFIED.

THAT IS IT FROM ME, THANKS.

>> CAN I ASK YOU A QUESTION, JOHN?

>> YES, SIR.

>> YOU AND I HAVE TALKED ABOUT THIS IN THE PAST.

WHAT IS YOUR THOUGHTS ABOUT, I THINK YOU TALK ABOUT IF YOU'RE GOING TO PUT NEW WINDOWS IN, THAT SHOULDN'T GO INTO THIS SUBSTANTIAL IMPROVEMENT AND WHAT CONSTITUTES SUBSTANTIAL IMPROVEMENT.

BECAUSE IN OUR CONVERSATION I THINK YOU SAID, CORRECT ME IF I'M WRONG, THAT SOMETIMES PEOPLE WANT TO JUST COME IN AND PUT IN NEW WINDOWS OR REDO THE ROOF BECAUSE THE ROOF NEEDS REPLACING.

SO SHOULD THAT BE INCLUDED IN THE QUOTE SUBSTANTIAL IMPROVEMENT, WHEN IT'S JUST MAINTAINING OR UPGRADING THE INFRASTRUCTURE OF THE HOUSE?

>> YEAH.

WE HAD THAT DISCUSSION.

WE'VE HAD IT BOTH HERE AT THE CITY LEVEL AND COUNTY LEVEL.

AND I THINK MOST PEOPLE THAT OWN PROPERTY HAVE A REASONABLE EXPECTATION TO MAINTAIN THEIR PROPERTY.

TO PUT THE NEW ROOF ON.

TO PUT REPLACEMENT WINDOWS IN.

OR TO REPLACE AN AIR CONDITIONING.

IT WOULD MAKE SENSE THAT THEY HAVE THE RIGHT TO DO THAT.

AND THAT, I'VE ALWAYS SAID THERE SHOULD BE TWO COLUMNS OF MODIFICATIONS.

YOU HAVE AN IMPROVEMENT COLUMN WHERE YOU'RE JUST MAINTAINING AND IMPROVING WHAT YOU HAVE.

AND THEN YOU HAVE AN ADDITION.

IF YOU HAVE AN ADDITION, THERE IS NO QUESTION.

THAT GOES INTO THE BUCKET OVER HERE THAT SAYS THAT COUNTS AGAINST YOUR 30 PERCENT OR 50 PERCENT, WHICHEVER THE CASE MIGHT BE.

AND WE DID HAVE THE TERRY, WHEN WE HAD THIS DISCUSSION BEFORE, SEEMED TO IMPLY THAT THAT WAS A REASONABLE APPROACH.

I'VE HAD THE SAME DISCUSSION WITH KEITH ELLIS AT THE COUNTY.

HE THINKS THAT IS A REASONABLE APPROACH.

THERE IS A CLAUSE IN THERE THAT GIVES THE BUILDING OFFICIALS THE DISCRETION TO DETERMINE WHAT GOES WHERE.

SO I THINK THAT IS ANOTHER POINT TO CLARIFY AS WE MOVE AHEAD.

BECAUSE IT'S A HUGE IMPACT ON PEOPLE THAT HAVE OLDER PROPERTIES.

>> THANK YOU.

>> SURE.

>> AND WE CAN LOOK AT IT.

>> YES, SIR.

>> I'D LIKE TO SPEAK TO BOTH OF THOSE ITEMS REAL QUICK.

REGARDING THE CCCL REQUIREMENT, IN READING THROUGH THE BUILDING CODE AND LOOKING AT THE FEMA REGULATIONS, SUBSTANTIAL IMPROVEMENT, AS IT'S DEFINED BY FEMA DOES NOT APPLY ANYWHERE BUT THE 100-YEAR FLOODPLAIN.

SO IT DOESN'T APPLY IN THE X SHADED ZONE OR X ZONE.

IF I HAVE A BUILDING THAT IS IN THE CCCL ZONE, BUT NOT IN THE V ZONE, SUBSTANTIAL IMPROVEMENT DOESN'T APPLY.

AT ALL.

THERE ARE REQUIREMENTS IN THE BUILDING CODE REGARDING CCCL THAT LOOK AT BUILDING FOOTPRINT AND HOW MUCH OF THE BUILDING FOOTPRINT YOU'RE MODIFYING.

BUT THAT IS NOT AN FEMA DISCUSSION AND THAT IS NOT A SUBSTANTIAL IMPROVEMENT CATEGORY.

ANYTHING THAT IS RELATED IN THAT SECTION ON BUILDING FOOTPRINT IS SEPARATE.

BUT IF YOU HAVE A HOUSE THAT IS IN THE X ZONE, BUT IT'S ALSO WITHIN THE CCCL, AND IT'S A $100,000 HOME AND YOU DO $75,000 WORTH OF MODIFICATION, SUBSTANTIAL IMPROVEMENT DOES NOT APPLY AT ALL.

FEMA REGULATIONS DOES NOT APPLY THERE.

IN THAT SITUATION, 50 WOULDN'T APPLY BECAUSE SUBSTANTIAL IMPROVEMENT DOESN'T APPLY.

SO 30 DOESN'T APPLY EITHER.

IT'S A LITTLE NUANCE IN THE CODE THAT IF YOU FOLLOW THE RABBIT TRAIL IT GETS YOU BACK TO IT DOESN'T COUNT.

WITH THE SUBSTANTIAL IMPROVEMENT, WINDOW REPLACEMENT, ROUTINE MAINTENANCE, THE ITEMS THAT MUST BE INCLUDED IN THAT CALCULATION ARE SET BY FEMA.

WE CAN MAKE THEM HIGHER, WE CANNOT MAKE THEM LOWER.

AND THE FEMA SUBSTANTIAL IMPROVEMENT, SUBSTANTIAL DAMAGE DESK REFERENCE WALKS THROUGH WHAT MUST BE IN THERE AND WHAT CAN BE LEFT OUT.

THAT REFERENCE SAYS THAT ROUTINE MAINTENANCE MUST BE INCLUDED IN THE CALCULATIONS.

SO THE REPLACEMENT OF WINDOWS, ANYTHING LIKE THAT, MUST BE

[00:55:02]

INCLUDED.

THE STATE DOESN'T HAVE THE AUTHORITY TO REDUCE THAT LIST AND NEITHER DOES THE BUILDING OFFICIAL.

NOW, THERE ARE NUANCES, THERE ARE PIECES THAT ARE INCLUDED.

FOR EXAMPLE, IF LIFE AND SAFETY ARE AT RISK.

THE HOUSE IS ABOUT TO FALL DOWN UNLESS WE REPLACE THE PIERS UNDERNEATH IT.

THAT IS ALLOWED TO BE EXEMPTED FROM THE SUBSTANTIAL IMPROVEMENT CALCULATIONS.

IF THERE IS AN EXISTING VIOLATION OF HEALTH OR SAFETY CODES, THEN MITIGATING AND REPAIRING THAT VIOLATION DOESN'T GET COUNTED.

SO THAT IS AN EXISTING VIOLATION.

YOU CAN'T GO OUT AND BREAK YOUR SEPTIC TANK.

AND ANYTHING LIKE THAT, THERE IS ANOTHER COUPLE OF CATEGORIES, PERMIT FEES DON'T COUNT.

FEMA HAS GOT A LIST OF WHAT DOES AND DOESN'T COUNT.

WE CAN TAKE THE DOES NOT COUNT LIST AND SAY THAT YOU HAVE TO INCLUDE IT.

BUT WE CAN'T TAKE THINGS OUT OF THE REQUIRED LIST.

REPLACEMENT WINDOWS AND THOSE KIND OF THINGS ARE PART OF IT.

OUR HANDS ARE TIED ON THAT ONE.

>> JUST TO COUNTER POINT ON THAT, IF YOUR ROOF IS LEAKING, YOU HAVE A HEALTH HAZARD.

IF YOUR AIR-CONDITIONING AND THE HUMIDITY IN YOUR HOUSE IS SUCH THAT YOU GROW MOLD, YOU HAVE A HEALTH HAZARD.

HEALTH SAFETY AND WELFARE ISSUE IS WHAT WE'RE TALKING ABOUT HERE.

THERE ARE CERTAIN THINGS.

IF YOUR WINDOWS AND DOORS ARE LEAKING, ROOF IS LEAKING OR YOUR SYSTEMS ARE NOT WORKING PROPERLY, PLUMBING, YOUR SANITARY SYSTEM ISN'T WORKING, MECHANICAL SYSTEM ISN'T WORK, THAT IS HEALTH, SAFETY AND WELFARE.

THAT IS WHAT WE'RE HERE TO PROTECT.

THAT IS WHAT THE CODES ARE HERE TO PROTECT.

SO IF IT WOULD BE COMPLETELY CONTRARY TO DENY A PERSON FROM DOING THAT.

THAT HAS BEEN MY WHOLE ARGUMENT ALL ALONG.

IT DOESN'T MAKE ANY SENSE.

THAT IS IT.

>> THANK YOU.

>> ANYONE ELSE? COMMISSIONER

>> OKAY.

WITH THAT, WE'RE ADJOURNED AND

* This transcript was compiled from uncorrected Closed Captioning.