3-13-23 Final Agenda
City of Atlantic Beach
Final Agenda
Regular City Commission Meeting
Monday, March 13, 2023 - 6:30 p.m.
Commission Chamber
City Hall, 800 Seminole Road
Atlantic Beach, FL 32233
INVOCATION AND PLEDGE TO THE FLAG
CALL TO ORDER
Page(s)
1. APPROVAL OF MINUTES
*
1.A.
Approve minutes of the Regular Commission Meeting of June 27, 2022 and
February 27, 2023.
6-27-22 Draft Regular Commission Meeting Minutes
2-27-23 Draft Regular Commission Meeting Minutes
5 - 49
2. COURTESY OF FLOOR TO VISITORS
2.A.
Water Conservation Month Proclamation
Water Conservation Month Proclamation
51
PUBLIC COMMENT
3. CITY MANAGER REPORTS
*
3.A.
Accept the 90-Day Calendar (Mar. - May 2023)
90-Day Calendar (Mar. - May 2023)
53 - 56
3.B.
ARCC Grant Funding
3.C.
City Manager Search
3.D.
Dora Drive Property - Stormwater Mitigation Park
Dora Drive Property
57 - 71
*
3.E.
Legislative Update
*
3.F.
Paid Parking Recap
Paid Parking Recap
73 - 77
*
3.G.
Singleton Easement Agreement
3.H.
Additional Reports (If Applicable)
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
Page 1 of 120
Regular City Commission - 13 Mar 2023
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6. CONSENT AGENDA
None.
7. COMMITTEE REPORTS
None.
8. ACTION ON RESOLUTIONS
*
8.A.
RESOLUTION NO. 23-05
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ESTABLISHING THE
CITY’S 2023 PRIORITIES; AND PROVIDING AN EFFECTIVE DATE.(For
Reconsideration with Amendments)
Resolution No. 23-05
79 - 85
9. ACTION ON ORDINANCES
9.A.
ORDINANCE NO. 25-23-45, Introduction and First Reading
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH
AMENDING THE CODE OF ORDINANCES, CHAPTER 8 FLOOD HAZARD AREAS, TO
SPECIFY ELEVATION OF MANUFACTURED HOMES; APPLY COASTAL HIGH HAZARD
AREA (ZONE V) REQUIREMENTS IN AREAS DESIGNATED COASTAL A ZONES TO
INCREASE RESILIENCY; TO CLARIFY PREVIOUSLY ADOPTED BUILDING
ELEVATIONS; TO REQUIRE DECLARATIONS OF LAND RESTRICTIONS (NON-
CONVERSION AGREEMENTS) FOR CERTAIN ENCLOSURES UNDER ELEVATED
BUILDINGS; TO SPECIFY USE OF FEMA CERTIFICATION FORMS; AND TO PROVIDE
CRITERIA FOR ACCESSORY STRUCTURES IN FLOOD HAZARD AREAS; TO
DESIGNATE THE COMMUNITY DEVELOPMENT BOARD AS THE AUTHORITY TO
CONSIDER CERTAIN VARIANCES AND APPEALS INVOLVING FLOOD HAZARD AREA
RELATED APPLICATIONS; PROVIDING FOR APPLICABILITY AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Ordinance No. 25-23-45
87 - 120
10. MISCELLANEOUS BUSINESS
None.
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
13. ADJOURNMENT
Page 2 of 120
Regular City Commission - 13 Mar 2023
This meeting will be live-streamed and videotaped. The video recording will be posted within
four business days on the City's website. To access live or recorded videos, click on the
Meeting Videos tab on the city's home page at www.coab.us.
If any person decides to appeal any decision made by the City Commission with respect to
any matter considered at any meeting, such person may need a record of the proceedings,
and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should
submit a request to the City Clerk prior to the meeting. For your convenience, forms for this
purpose are available at the entrance to the Commission Chamber.
Every effort is made to indicate what action the City Commission is expected to take on each
agenda item. However, the City Commission may act upon any agenda subject, regardless of
how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
contact the City Clerk’s Office by 5:00 PM, the Thursday prior to the meeting.
Page 3 of 120
Page 4 of 120
Regular City Commission
June 27, 2022
MINUTES
Regular City Commission Meeting
Monday, June 27, 2022 - 6:30 PM
Commission Chamber
INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER:
Following the Pledge of Allegiance, Mayor Glasser called the meeting to order at 6:30 PM. City Clerk
Bartle called the roll.
ATTENDANCE:
Present: Ellen Glasser, Mayor - Seat 1
Bruce Bole, Commissioner - Seat 2
Michael Waters, Commissioner - Seat 3
Candace Kelly, Commissioner - Seat 4
Absent: Brittany Norris, Mayor Pro Tem / Commissioner - Seat 5
Also Present: Shane Corbin, City Manager (CM)
Brenna Durden, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Kevin Hogencamp, Deputy City Manager (DCM)
Ladayija Nichols, Deputy City Clerk (DCC)
1 APPROVAL OF MINUTES
1A. Approve minutes of the November 22, 2021 Regular Commission Meeting.
Mayor Glasser asked if there were any corrections or changes needed. There being none,
Mayor Glasser stated the minutes stand as submitted.
2 COURTESY OF FLOOR TO VISITORS
2A. Presentation of $500,000 check for Phase III of Aquatic Gardens.
Senator Aaron Bean and Secretary of State Cord Byrd presented a $500,000 check
to the City.
PUBLIC COMMENT
Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor
to Visitors. City Clerk Bartle called each speaker to the podium.
Leah Sherman Ford spoke about homelessness in the City, complimented the Commission on
their job well done with keeping the City beautiful, and shared suggestions on homelessness and
landscaping.
Page 1 of 23
Agenda Item #1.A.
13 Mar 2023
Page 5 of 120
Regular City Commission
June 27, 2022
3 CITY MANAGER REPORTS
3A. Accept the 90-Day Calendar (July - Sept. 2022)
Commissioner Kelly announced that she would not be in town for the July 16, 2022,
Town Hall Meeting.
There was CONSENSUS to accept the change to the 90-Day Calendar.
3B. Paid Parking at 18th and 19th Beach Access
CM Corbin presented the slide show highlighting information regarding the paid parking
program at 18th and 19th beach accesses.
Commissioner Kelly referred to previous language about the use of income from the paid
parking program being used for the upkeep of the Town Center parking and suggested
amending the ordinance to include the upkeep of all paid parking areas not just Town
Center. CM Corbin stated that this could be looked at with CA Durden's
recommendations.
Commissioner Waters spoke about pedestrian safety, walkways, and lighting. He also
suggested using the additional funds to subsidize the payment for additional parking
attendants and signage.
Mayor Glasser spoke about the importance of having the parking regulations be the same
at the beach access and the Town Center.
3C. Selva Preserve Path
CM Corbin presented the slide show regarding the new nature trail Selva Preserve Path.
He spoke about the history, location and additional details of the path.
Mayor Glasser asked about adding a QR code to the signage. CM Corbin said a QR code
could be added in the future.
3D. Benefit Enhancement Recommendations 2022
CM Corbin spoke about the recent salary increase for staff. He reported HR reached out
to current employees regarding their opinions of additional benefits they would like.
Human Resources Director (HRD) Cathy Varian spoke about the process of the survey
and presented potential benefits suggested by employees as detailed in the agenda packet.
CM Corbin and HRD Varian answered questions from the Commission.
At the request of the Commission, HRD Varian stated that she would bring back
comparisons from other cities.
Page 2 of 23
Agenda Item #1.A.
13 Mar 2023
Page 6 of 120
Regular City Commission
June 27, 2022
Commissioner Bole asked that the City look into studies that have been done relating to
personal leave. Discussion ensued about the advantages and disadvantages of employees
taking leave and how there needs to be a balance.
The Commission requested that paid parental leave be placed on an upcoming
agenda for formal consideration.
3E. Fire on Beach Avenue
CM Corbin mentioned this is being looked into closely and discussions are ongoing
about the building being rebuilt. No formal proposals have been submitted.
Mayor Glasser asked about the current zoning for the area. CM Corbin responded
residential multi-family.
There was discussion about an email received from The Cloister about the South
gate being closed and Mayor Glasser’s response.
3F. Homeless Concerns
CM Corbin explained efforts being made to address homeless issues, noting that CA
Durden reviewed the existing code and has some serious concerns about existing
language and it being outdated. Further preparations are needed before bringing it back
to the Commission.
CA Durden advised that there are a lot of case law changes at the federal level and
explained the importance of working with staff and others to address the concerns.
4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
4A. In-House Attorney (Commissioner Bole)
Commissioner Bole spoke about the benefits of having a full-time in-house City
Attorney. He encouraged the Commissioners, Mayor, and the public to review the cost
and legal benefits for the City.
CM Corbin advised he would conduct a cost analysis and present specific numbers
to the Commission. Discussion ensued about the timing. Commissioner Bole
reiterated that he would like this brought forth in time for budget workshops.
Miscellaneous Reports/Requests
Commissioner Kelly
• spoke about current codes regarding dogs and proposed amending the ordinance
to add restrictions for dogs being chained. Commissioner Waters expressed his
support. Mayor Glasser asked that it be put on the next agenda as a discussion
item.
• spoke about the numerous emails received about gas stations.
Page 3 of 23
Agenda Item #1.A.
13 Mar 2023
Page 7 of 120
Regular City Commission
June 27, 2022
• suggested adding more charging stations for electric cars in the community.
Mayor Glasser
• advised she would share her email responses to the Commission regarding the
gas station concerns and the South gate at The Cloister.
• spoke about the private event held on Friday and the presentation of a Key to the
City to Greg Franek for his life-saving efforts to wake people up and get them to
safety.
• reported on a letter sent to the Jacksonville Fire and Rescue for their
extraordinary response.
• congratulated the 12 and under baseball team on winning the state championship
for small parks and will be asking for a proclamation to present to the team.
• reported on the status of various legislation recently addressed in the State o f
Florida.
• requested having the topic of prohibiting smoking in public parks and beaches
on the next town hall meeting agenda for discussion and public input.
• reported having spoken to a resident of 1st Street about parking concerns
and advised about her plan to meet with the group of residents to talk about
options.
5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6 CONSENT AGENDA
6A. Acknowledge receipt of the Monthly Financial Report for May 2022.
CM Corbin asked to carry the item over to the next, Commission Meeting. There was
no objection by the Commission.
7 COMMITTEE REPORTS
None.
8 ACTION ON RESOLUTIONS
8A. RESOLUTION NO. 22-42
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
APPROVING THE CITY’S CULTURAL ARTS AND RECREATION
ADVISORY COMMITTEE’S GRANT APPLICATIONS; ESTABLISHING
THAT INDIVIDUALS AND FOR-PROFIT ENTITIES ARE ELIGIBLE TO
APPLY FOR AND RECEIVE GRANT FUNDING FROM THE CULTURAL
ARTS & RECREATION ADVISORY COMMITTEE; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Glasser read the Resolution by title.
DCM Hogencamp explained the Resolution and the new procedure for processing
the CARAC grant applications.
Page 4 of 23
Agenda Item #1.A.
13 Mar 2023
Page 8 of 120
Regular City Commission
June 27, 2022
ACTION: Adopt Resolution No. 22-42.
Motion: Candace Kelly
Second: Bruce Bole
Mayor Glasser asked for clarification regarding an artist project and a program and expressed
her concerns about art placement and venues. DCM Hogencamp explained that information
would be provided in the application process.
Commissioner Kelly spoke about her interpretation of different types of artists and programs.
Commissioner Waters mentioned he would like clarification regarding the criteria for "for-
profit."
Commissioner Bole explained how he understands the expenditures of the Resolution and
specific questions in the application.
Mayor Glasser mentioned it is essential that CARAC looks at the City's livability goals to align
with those goals when decisions are made. She also mentioned the Commission should come
back in a year to update those goals appropriately.
CARAC Member Jane Stevens clarified the distinction between for -profit and non-profit
organizations.
Ellen Glasser For
Bruce Bole (Seconded By) For
Michael Waters For
Candace Kelly (Moved By) For
Motion passed 4 to 0.
9 ACTION ON ORDINANCES
None.
10 MISCELLANEOUS BUSINESS
10A. PLAT22-0001 Public Hearing Request for plat approval as required by Chapter
24, Article 4 of the Code of Ordinances within the Residential General, Multi-
Family (RG-M) at RE# 172168-0000 (1964 Francis Avenue) and 172171-0000 (1980
Francis Avenue).
Mayor Glasser read the title.
Page 5 of 23
Agenda Item #1.A.
13 Mar 2023
Page 9 of 120
Regular City Commission
June 27, 2022
CM Corbin explained the item. CA Durden clarified that there are two PLATs the
Commission would approve, as detailed in the attached documents and made part of this
Official Record as Attachments A and B.
Mr. Franklin thanked the staff for working with him.
Mayor Glasser opened the public hearing. There were no speakers, and the public
hearing was closed.
Attachment A to 6-27-22 Minutes
Attachment B to 6-27-22 Minutes
MOTION: Approve PLAT22-0001, Lambo's Place Unit 1 request for plat approval as
required by Chapter 24, Article 4 of the Code of Ordinances within the Residential General,
Multi-Family (RG-M) at RE# 172168-0000 (1964 Francis Avenue).
Motion: Bruce Bole
Second: Candace Kelly
Ellen Glasser For
Bruce Bole (Moved By) For
Michael Waters For
Candace Kelly (Seconded By) For
Motion passed 4 to 0.
MOTION: Approve plat request for Lambo's Place Unit 2 as required by Chapter 24, Article
4 of the Code of Ordinances within the Residential General, Multi-Family (RG-M) at RE#
172168-0000 (1980 Francis Avenue)
Motion: Michael Waters
Second: Candace Kelly
Ellen Glasser For
Bruce Bole For
Michael Waters (Moved By) For
Candace Kelly (Seconded By) For
Motion passed 4 to 0.
11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
CA Durden reminded the Commission of their ethics training and financial disclosure forms,
due no later than July 1, 2022. CC Bartle advised that they are to be submitted to the Supervisor
of Elections.
Page 6 of 23
Agenda Item #1.A.
13 Mar 2023
Page 10 of 120
Regular City Commission
June 27, 2022
CA Durden handed out a copy of HB 921 (attached hereto and made part of this Official Record
as Attachment C) and provided an overview. .She thanked the Governor for vetoing a Bill
regarding business damages. Lastly, she spoke about receiving a proposed settlement offer
relating to the City's tree litigation (Bourdon vs. COAB) and advised that the litigation would
be discussed in a future shade meeting. She also advised about the process.
CC Bartle congratulated Mayor Glasser for receiving another Home Rule Hero award and
noted it was an honor to have accepted it for her. CA Durden added that it was Mayor
Glasser’s fourth time receiving that award. Mayor Glasser added comments about it being
a good year.
Attachment C to 6-27-22 Minutes
12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
Commissioner Bole requested having a briefing on COAB hurricane preparedness.
Commissioner Waters reported having spoken with representatives of JEA about underground
fiber optics. He wants to know whether there would be more of a delay in solving problems and
getting power back up and running during a storm if the wiring were underground.
Mayor Glasser spoke in favor of Commissioner Bole’s request for a COAB hurricane
preparedness briefing. She suggested upcoming Town Hall topics such as smoking and the
use of racquetball courts.
13 ADJOURNMENT
There being no further discussion, Mayor Glasser declared the meeting adjourned at 8:13
p.m.
Attest:
Donna L. Bartle, City Clerk Bruce Bole, Commissioner
Date Approved: ______________________
Page 7 of 23
Agenda Item #1.A.
13 Mar 2023
Page 11 of 120
Page 8 of 23
Agenda Item #1.A.
13 Mar 2023
Page 12 of 120
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Attachment A 6-27-22 MinutesPage 10 of 23Agenda Item #1.A.13 Mar 2023Page 14 of 120
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Attachment B
6-27-22 Minutes
Page 11 of 23Agenda Item #1.A.13 Mar 2023Page 15 of 120
PLAT BOOK PAGE
SHE!-TJ.or J.
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SECTION 17, TOWNSHIP 2 SOUTH,RANGE 29 EAST
A REPLAT OF LOTS 9 THROUGH 11,BLOCK 9,DONNER’SREPLAT AS RECORDED
IN PLAT BOOK 19.PAGE 16 OF THE CURRENT PUBLIC RECORDS OF THE CITY
OF JACKSONVILLE,DUVAL COUNTY,FLORIDA
FRANCIS AVENUE
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Attachment B
6-27-22 Minutes
Page 12 of 23Agenda Item #1.A.13 Mar 2023Page 16 of 120
v‘<‘9‘FLC
LORIDA LEAGUE CF CITIES
1!
Nlem orarldurn
TO:City Attorneys
FROM:Kraig Conn.General Counsel
Rebeooa O'Hara.Deputy General Counsel
suaa:HB 921 lssue Campaign Advocacy by Local Governments
DATE:June 21.2022
HB 921 was signed by the Governor and becornes effective July ‘I 2022.The b
il
l
makes
substantial changes to section 106.113.Florida Statutes.relating to expenditures bylocal
governments on issue campaigns (e.g..proposed constitutional amendments
.
local
referenda).Here is a copy of the new law.
You will likely receive many questions from your municipal clients about compliance withthe
new law.Here is a legal memorandum prepared by Mark Herron,Esq..that may a
ss
is
t
youin
answering some of the questions that may arise.Further clarification may be needed throug
hthelssuancesofadvisoryopinionsbytheDivisionofElections.information on th
e
advi
soryopinionprocessmaybeaccessedhere.
Florida League of Cities nc.
301 s.Bronough Street,su 300
Post office Box 1757 (3230 1757)
Tallahassee.FL 32301
Ernall us l (350)222»96B4 |Vlsll our vvehslle Attachment C to 6-27-22 MinutesPage 13 of 23Agenda Item #1.A.13 Mar 2023Page 17 of 120
CHAPTER 2022-56
Committee Substitute for
Committee Substitute for House Bill No.921
An act relating to campaign ?nancing;amending s.106.08,F.S.;providing
applicability of a limitation on certain political contributions;providing a
de?nition;providing that a foreign national may not make or offer to make
certain contributions or expenditures;amending s.106.113,F.S.;revising
limitations on the use or acceptance of public funds for certain political
advertisements or communications by a local government or a person
acting on behalf of a local government;revising applicability;providing for
construction;providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1.Paragraph (a)of subsection (1)of section 106.08,Florida
Statutes,is amended,and subsection (12)is added to that section,to read:
106.08 Contributions;limitations on.—
(1)(a)Except for political parties or af?liated party committees,no
person or political committee may,in any election,make contributions in
excess of the following amounts:
1.To a candidate for statewide of?ce or for retention as a justice of the
Supreme Court,$3,000.Candidates for the offices of Governor and
Lieutenant Governor on the same ticket are considered a single candidate
for the purpose of this subparagraph.
2_.or To a political committee that is the sponsor of or is in opposition to a
constitutional amendment proposed by initiative,$3,000.This limitation
ap_plies only to persons who are not residents of the state and to political
committees that have not registered an of?ce under this chapter using a
street address located within the state.However,the limitation on
contributions to such political committees no longer applies once the
Secretary of State has issued a certificate of ballot position and a designating
number for the proposed amendment that the political committee is
sponsoring or opposing.
Q2:To a candidate for retention as a judge of a district court of appeal;a
candidate for legislative office;a candidate for multicounty office;a
candidate for countywide of?ce or in any election conducted on less than
a countywide basis;or a candidate for county court judge or circuit judge,
$1,000.Attachment C to 6-27-22 MinutesPage 14 of 23Agenda Item #1.A.13 Mar 2023Page 18 of 120
Ch.2022-56 LAWS OF FLORIDA Ch.2022-56
(12)(a)1.For purposes of this subsection.the term “foreign national”
means:
a.A foreign government;
b.A foreign political partv:
c.A foreign corporation,partnership.association.organization.or other
combination of persons organized under the laws of or having its principal
place of business in a foreign countrv;
d.A person with foreign citizenship;or
e.A person who is not a citizen or national of the United States and is not
lawfully admitted to the United States for permanent residence.
2.The term does not include:
a.A person who is a dual citizen or dual national of the United States
and a foreign country.
b.A domestic subsidiary of a foreign corporation,partnership,associa-
tion,organization,or other combination of persons organized under the laws
or having its principal place of business in a foreign country if:
(I)The donations and disbursements used toward a contribution or an
expenditure are derived entirely from funds generated by the subsidiarV’s
operations in the United States;and
(II)All decisions concerning donations and disbursements used toward a
contribution or an expenditure are made by individuals who either hold
United States citizenship or are permanent residents of the United States.
For purposes of this sub-sub-subparagraph,decisions concerning donations
and disbursements do not include decisions regarding the subsidiary’s
overall budget for contributions or expenditures in connection with an
election.
(b)A foreign national may not make or offer to make,directly or
indirectly.a contribution or expenditure in connection with any election held
in the state.
Section 2.Subsection (2)ofsection 106.113,Florida Statutes,is amended
to read:
106.113 Expenditures by local governments.—
(2)A local government or a person acting on behalf of local government
may not expend or authorize the expenditure of,and a person or group may
not accept,public funds for a political advertisement or any other
communication sent to electors concerning an issue,refer-
endum,or amendment,including any state question,that is subject to a vote
of the electors.This subsection applies de to a_a&éee Attachment C to 6-27-22 MinutesPage 15 of 23Agenda Item #1.A.13 Mar 2023Page 19 of 120
Ch.2022-56 LAWS OF FLORIDA Ch.2022-56
communication initiated by frem a local government or a person acting on
behalf of a local government,irrespective of whether the communication
whieh is limited to factual information or advocates for the passage or defeat
of an issue,referendum,or amendment.This subsection does not preclude a
local government or a person acting on behalf of a local government from
reporting on official actions of the local government’s governing bodv in an
accurate,fair,and impartial manner;posting factual information on a
government website or in printed materials;hosting and providing informa-
tion at a public forum;providing factual information in response to an
inquirvz or providing information as otherwise authorized or required by
law.
Section 3.This act shall take effect July 1,2022.
Approved by the Governor April 6,2022.
Filed in Office Secretary of State April 6,2022.Attachment C to 6-27-22 MinutesPage 16 of 23Agenda Item #1.A.13 Mar 2023Page 20 of 120
_ILll,,\'I’u\IlnHu‘;I .1,;/.».,.1.,-.:upnul
l)A'l‘F4:June.17,2022
'1‘(,):Fl()I‘i(la I
Florida A.ociation of C()\ii1ties
Florida School Boax‘(l /Xsso(:iation
gue of Cities
FR()1VI:1\/Iark Hm-m..%'
1117.:I113 921 —2022 llcvisioris to Section lOG.l l3,Fla.Stat.
'l‘his ))1€XT|()‘andlnn discusses the 2022 axnendxnents to Section ]()(;A113,
Florida Statutes,contained in IIB 921,vvhich are codi?ed in (Chapter 20
22-
56,
L.avvs
of 17l()rirlz«I (“[4113 921”).
Sgcmniy
P113 921 proliibits 2|local goverrilnent or a person acting on beh
alf
oflocal
governxnenl froxn expending or authorizing Lhe CX[)€I)(lil1ll‘(‘.of,and a personorgroup
[nay not accept,public funds for A political advertisenienl or any other coni
xnun
icziti
ou
sent to electors concerning an issue,referendtun,o *aineridinent that is s
u
l)
_
]'
e
c
1
toa
vote of the elector..'l‘his applies to coxrnnnnicatiori initiated by zi local gov
erru
nent
or
its actors irrespective of vvhether the conununication is Iixniled to [actual i
n
f
o
r
r
n
a
l
i
o
n
o ‘advocates for the passage or defeat of an issue subject to :1 vote.1-115 921 ta
ke
s.
effect
July 1,2()22.
Law Prior to 2022 Axnendrnent
Prior to its ainenthnenl in 2022,a lo ‘:11 govcrninent or person actin
g
onbehalf
of local governinent vvas prohibited from)expending or authorizing the e
of,and a pcrsou or group could not accept,public funds for a political a
d
v
er
ti
se
x
n
e
nl
or electioneering coinrnunication concczrning an issue,relcrcndun),orAttachment C to 6-27-22 MinutesPage 17 of 23Agenda Item #1.A.13 Mar 2023Page 21 of 120
including any state question,that is subject to a vote of the electors.Section 106.113
did not apply to an electioneering communication from a local govermnent or a
person acting on behalf of a local govermnent which was limited to factual information.
The 2022 Amendment
HB 921 amended Section 106.113(2),in several respects,to read as follows:
(2)A local govermnent or a person acting on behalf of local government
may not expend or authorize the expenditure of,and a person or group
may not accept,public funds for a political advertisement or any other
communication sent to electors concerning an issue,
referendum,or amendment,including any state question,that is subject
to a vote of the electors.This subsection applies eloes—not—applytoa an
communication initiated by from a local government or a
person acting on behalf of a local government,irrespective of Whether
the communication which is limited to factual information or advocates
for thepassage or defeat of an issue,referendum,or amendment.This
subsection does not preclude a local government or a person acting on
behalf of a local government from reporting on official actions of the
local government’s governing body in an accurate,fair,and impanial
manner;posting factual information on a government website or in
printed materials;hosting and providing information at a public forum;
providing factual information in response to an inquiry;or providing
information as otherwise authorized or required by law.
(VVords S are deletions;words underlined are additions.)
Subsections (1)and (3)of Section 106.113 were not changed by the 2022 amendment
to the statute.Thus,“local government”means “a county,municipality,school disuict,
or other political subdivision”and "any department,agency,board,bureau,district,
commission,authority,or similar body of a county,municipality,school district,or
other political subdivision.In addition,the statute continues to provide that “Withthe
atanytime.”Attachment C to 6-27-22 MinutesPage 18 of 23Agenda Item #1.A.13 Mar 2023Page 22 of 120
Effect of 2022 Amendments
Section 106.113 continues to prohibit the use of public funds for a “political
advertisement...concerning an issue,referendum,or amendment,including any state
question,that is subject to a vote of the electors.”A “political advertisement”is a “paid
expression in a communication medium by means other than the spoken Word in
direct conversation,which expressly advocates the approval or rejection of an issue.”
§106.011(15),Fla.Stat.Thus,Section 106.113 prohibits the use of public funds for
communications which contain express advocacy for or against a ballot issue (using
words or phrases such as “vote for,”“vote against,”“approve,”“reject,”“support”or
“oppose”)or which contain the “functional equivalent of express advocacy”which is
defined as being “susceptible of no reasonable interpretation other than as an appeal
to vote for or against a speci?c candidate”or issue.DinezisreziiV.Buclier,287 So.3d
639,643 (Fla.4 tli DCA 2020),citing to Clf1Z€I1.€United V.Federal Ele(rt1'o11s
C01111111ss1'()11,558 U.S.310,324-325 (2010),
As amended in 2022,Section 106.113,in addition,prohibits the use of public
funds for any other communication sent to electors concerning an issue,referendum,
or amendment,including any state question,that is subject to a vote of the electors,
irrespective of ndiether me communication is limited to factual iafonnaijon or
advocates for the passage or defeat of an Issue,referendum,or amezzdment.
The legislation does not define Whatis meant by “sent to electors,”but it further
provides that “[t]his subsection applies to a communication initiated by a local
government or a person acting on behalf of a local government....’’“One definition of
the word ‘send’is,‘to cause to go or be carried.’1/Vebste?s A/Vt‘!/V1/Vorld College
D1'c‘t1o11;11j'1305(4th ed.2001).”See Sznjtli V.State,190 So.3d 94,96 (Fla.4th DCA
2015)and Biller V.State,109 So.3d 1240,1241 (Fla.5th DCA 2013).
ActivitiesNot Precluded by HB 921
HB 921 specifically lists several activities which may be undertaken by local
[1]Reporting on official actions of the local governmeiit’s governing body inanaccurate,fair,and impartial manner.Attachment C to 6-27-22 MinutesPage 19 of 23Agenda Item #1.A.13 Mar 2023Page 23 of 120
[2]Posting factual information’on a government website?or in printed
materials.A person acting on behalf of a local government does not violate Section
106113 by using local government resources to prepare and post factual information
on a government Website or by expending or authorizing the expenditure of public
funds to prepare printed materials containing factual information.3
[3]Hosting and providing information at a public forum.A local
government or a person acting on behalf of a local government does not violate
Section 106113 by expending or authorizing the expenditure of public funds to host
a public forum concerning an issue,referendum,or amendment that is subject to a
vote of the electors.At the public forum,the factual information in printed materials
can be provided to those in attendance."
1 In Division of Elections Opinion DE 10-06 (Question 4),the Division interpreted
the term “factual information”“to verifiable actualities,such as:‘The new tax will
permit the county to purchase 25 buses at a cost of $100,000 each’and not include
any kind of subjective,qualitative statement or comment that ‘The tax will improve
public transportation.’”
2 There have been several inquiries whether posting factual information on a local
government’s social media pages would be included within the authorization
permitting “posting factual information on a government website ....”It is unclear that
posting factual information on a local government’s social media pages would be
included the authorization permitting “posting factual information on a government
website or in printed materials”and that guidance on this issue could be sought
through an advisory opinion from the Division of Elections.
“In Division of Elections Opinion DE 10-06 (Question 10),the Division advised that
a local government officer or employee use of computer would be improper only if
‘In DE 10-06 (Question 10),the Division advised that the use of copies made by alocalgovernmentphotocopiertohandoutaspartofapresentationaboutanissueorreferendumwouldbeimproperifthedocumentsfellwiththeprohibitionsofthestatute.Attachment C to 6-27-22 MinutesPage 20 of 23Agenda Item #1.A.13 Mar 2023Page 24 of 120
[4]Providing factual information in response to an inquiiy.A person acting
on behalf of local government would not violate Section 106.113 by providing factual
information about a ballot issue,unless the local government pays for the media
COV€1"E1g€.
[5]Providing information as otherwise authorized or required by law.HB
921 carries forward the language in Section 106.113(3)which provides that this section
does not preclude an elected official of the local government from expressing an
opinion on any issue at any time.”5
5 In Division of Elections Opinion DE 10-06 (Question 1),the Division advised with
respect to Section 106.1 13(3)“that elected officials have a right to say which course of
action they think best on any issue and to use their offices for that purpose and that
persons acting on behalf of local government from expressing any opinion at any timeifthestatementoftheopiniondoesnotviolatetheprohibitioncontainedinsection106.113(2),Florida Statutes (2009),and is not contrary to other laws or regulationsgoverningtheconductofsuchpersons.Therefore,DE 10-06 clarifies that non-electedlocalofficialsmayexpressanopinionatanytimeandonanymannersolongasthestatementoftheopiniondoesnototheiwiseviolatetheprohibitionin106.113(2).Attachment C to 6-27-22 MinutesPage 21 of 23Agenda Item #1.A.13 Mar 2023Page 25 of 120
FLORIDA DEPARTMENT of STATl::.
Para espanol,seleccione de la llsta L§eT_ecl Language v Powarad by C-un?lv 1-ransiate
ionsDepartmentofstate/Division of Elections /Laws 8k Rules /Advisory Opi
Advisory Opinions
_\Nho May Request an Opinion?
Bylaw,the Division of Elections shall provide advisory opinions to a supervisor of elections,can
dida
te,local officer having election related duties,political party,affiliated party committee,political c
oorotherpersonororganizationengagedinpoliticalactivity,relating to any provisions or possible
violations of Florida election laws the person or entity has taken or proposed to take.see section
105.2312),Fla.stat.,and Rule 15-2.010,Florida Administrative code,The rule,particularly subsec
tion
(4),
sets forth what is required for a written request.
Where to Submit a Request?
A request is to be submitted to Divelections@dos.myrlorlda,com,or mailed to:
Florida Department of State.Division of Elections
Director's office
Room 316,R.A.Gray Building
500 south aronough street
Tallahassee,FL 32399-0250
Legal Effect of an Opinion
An advisory opinion represents the Division's interpretation of the law applicable at the time th
e
opin
ion
is
issued,as applied to a particular set of facts or circumstances,and '5 pin ‘g solely on the person or
organization who requested the opinion.A previously issued advisory opinion may or may not to
your situation depending upon your particular facts and circumstances and the current state o
r
a
p
pl
ic
a
bl
e
law.Therefore,before drawing any legal conclusions based upon the information in this database,youor
an attorney engaged on your behalf,should refer to the current |aw(s),rules adopted by the Di
vis
io
n
of
Elections,and applicable case law.Attachment C to 6-27-22 MinutesPage 22 of 23Agenda Item #1.A.13 Mar 2023Page 26 of 120
Opinions Database
The Advisory opinion database spans op 'ons Issued from 1576 to the present.see above for effect
of an opinion.
>Opinions by vear
>Search by Subject or Keyword
Ron Desantis,Governor
Cord Byrd,Secretary of State
Under Florida |aw,e—rna||addresses are puhllc records.If you do not want your emai
laddressreleasedIf]response to 3 public records request,do not send electronic ma
il
tothis
enmy.ihsiead,conlatt this er?ee by phone 0 writing‘
gguyugm .9 zuzz sure 0!iienee.rieriue Department oi sme,
Florida Department of State
Phone:850.245.6500
F<.A.Gray Building
sou scum Brunough Street
Tallahassee,Florida 3239543250
Attachment C to 6-27-22 MinutesPage 23 of 23Agenda Item #1.A.13 Mar 2023Page 27 of 120
Page 28 of 120
Regular City Commission
February 27, 2023
MINUTES
Regular City Commission Meeting
Monday, February 27, 2023 - 6:30 PM
Commission Chamber
INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER:
Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:30 PM. City Clerk
Bartle called the roll.
ATTENDANCE:
Present: Curtis Ford, Mayor - Seat 1
Bruce Bole, Commissioner - Seat 2
Michael Waters, Commissioner - Seat 3
Candace Kelly, Commissioner - Seat 4
Jessica Ring, Commissioner - Seat 5
Also Present: Kevin Hogencamp, Deputy City Manager (DCM)
Donna Bartle, City Clerk (CC)
Ladayija Nichols, Deputy City Clerk (DCC)
Angela Irizarry, Code Enforcement Officer
Victor Gualillo, Police Chief (PC)
1 APPROVAL OF MINUTES
1A. Approve minutes of the June 13, 2022 and February 13, 2023 Commission
Meetings.
Mayor Ford asked if there were any corrections or changes needed. There were no
corrections to the minutes. Mayor Ford stated the minutes stand as submitted.
2. COURTESY OF FLOOR TO VISITORS
2.A. BHHS - Florida Network Realty Luminaria Donation to the Atlantic Beach Cares
Fund
This item was covered by Lee Elmore during public comment.
PUBLIC COMMENT
Mayor Ford explained the process for public comments and opened the Courtesy of the
Floor to Visitors. City Clerk Bartle called each speaker to the podium.
Ken Caudle shared that he was pleased to see a discussion happening about parking in
right-of-ways.
Page 1 of 21
Agenda Item #1.A.
13 Mar 2023
Page 29 of 120
Regular City Commission
February 27, 2023
Lee Elmore, representative of Berkshire Hathaway Home Services thanked the City for
their participation and support with the Luminaria and presented the City with a check.
Jane Stevens read her comments from a handout she provided to the Commission (which
is attached hereto and made a part of this Official Record as Attachment A).
Mark Gabrynowicz thanked the Commission for their work with the Commission
priorities.
Elliot Zisser spoke about the right of way ordinance.
Doug Conkey provided the Commission with updates regarding storm water
management.
Amy Rose shared comments about the process regarding Charter Review Committee
and ebikes.
2-27-23 Attachment A
3 CITY MANAGER REPORTS
3A. Accept the 90-Day Calendar (Mar. - May 2023)
Commissioner Waters announced that he will be absent from the March 13, 2023
Commission meeting.
Commissioner Ring inquired about the logistics regarding Opening of the Beaches and
a parade. DCM Hogencamp explained that this will take place April 29, 2023 at 2 p.m.
and that the City has had a golf cart or two in it for the last five years.
MOTION: Approve the (90-Day) Calendar as submitted.
Motion: Michael Waters
Second: Bruce Bole
Curtis Ford For
Bruce Bole (Seconded By) For
Michael Waters (Moved By) For
Candace Kelly For
Jessica Ring For
Motion passed 5 to 0.
3B. DCM Hogencamp Provided Updates
• Reported the plan for the Splash Pad is to place it out for rebid.
• Thanked everyone for participating in the weed wrangle.
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Agenda Item #1.A.
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February 27, 2023
• Announced the ESC speaker series that will begin on Thursday, March 2, 2023.
• Announced Tour De Parks on March 11, 2023.
• Announced the Canine Carnivale March 4, 2023.
• Addressed Jane Stevens' public comments and mentioned that staff will come
back with a recommendation.
• Mentioned that he opened the check from Berkshire Hathaway and that it was for
one thousand dollars which is used to help utility customers who are dealing with
financial emergencies.
4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
4A. Pensioners' COLA Request (Commissioner Kelly)
Commissioner Kelly reported on this item. She expressed that their retirement checks
should be keeping up with inflation. DCM Hogencamp referred to the email in the
agenda packet and mentioned that the Commission, by ordinance, can alter the
pensioners' salaries. He also mentioned that staff would continue to communicate with
the Commission regarding this issue.
Commissioner Bole mentioned that he wanted to take a look at this issue.
Mayor Ford expressed interest in knowing about the budgetary funding regarding the
pension.
4B. Sec. 24-163 - Storage and parking of commercial and recreational vehicles in
residential zoning districts (Commissioner Ring)
Commissioner Ring reported on this item. Code Enforcement Officer (CE Officer)
Irizarry presented a slide show (which is attached hereto and made a part of this Official
Record as Attachment B).
Commissioner Waters inquired about the meaning of use by exception. CE Officer
Irizarry shared that this is a different type of variance that would require special approval
and clarified that there has to be criteria to base it on.
Commissioner Bole inquired about the amount of problems that have been received since
last year. CE Officer Irizarry shared that she ran a report for previous CM Corbin that
consisted of one year and a half's times worth and that there were one hundred and two
complaints received. She clarified that her current general direction is to have complaint-
based enforcement.
Commissioner Ring inquired about when the Chapter 24 review would occur. CE Officer
Irizarry shared that the time frame is around March or April. She informed the
Commission of the process that needs to take place before this can come back as an
ordinance to be voted on.
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Agenda Item #1.A.
13 Mar 2023
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Regular City Commission
February 27, 2023
Mayor Ford indicated that a workshop in April is being planned regarding this issue to
allow for more discussion.
2-27-23 Attachment B
4C. City Manager Search (Commissioner Bole)
Commissioner Bole expressed that the CM job should be posted. He shared that there is
talent here in Northeast Florida and that the City should promote it in order to get the
best possible person.
Commissioner Ring inquired about the reason the job hasn't been posted yet. Mayor Ford
shared that he would like to wait to hear Interim CM Gerrity's input on the process. He
shared that he is willing to get the job posted to help with pacing the process and
suggested that the Commission agree upon the criteria for the position.
Mayor Ford requested that CC Bartle get with HR to get the criteria from the last post
for the city manager position. The Commission asked further questions regarding
requirements. CC Bartle read Sec. 22 of the Charter which lists the qualifications for the
city manager. DCM Hogencamp requested to be the one to get with HR and the
Commission agreed.
There was a CONSENSUS to allow the city manager job to be posted based on what's in
the Charter, with the ability to amend the post based on consideration of the criteria.
Miscellaneous Reports/Requests
Commissioner Ring
• expressed that the Mayport Middle School's endeavor to receive a grant is
fantastic
Commissioner Waters
• shared that paid parking starts again on March 1, 2023 and that decisions need to
be made regarding how long it will last
Commissioner Bole
• expressed that moving forward he will be calling a point of order in meetings
whenever inappropriate comments are being made
Mayor Ford
• spoke to Commissioner Bole's comments about decorum
• allowed PC Gualillo to speak to the eBikes issue
5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6 CONSENT AGENDA
Mayor Ford read the title of each item under consent agenda.
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Agenda Item #1.A.
13 Mar 2023
Page 32 of 120
Regular City Commission
February 27, 2023
6A. Authorize the City Manager to approve the purchase and issue a Task
Authorization to Saltus Engineering, Inc. in the amount of $30,900.00 to provide
services as described in the Proposal received January 23, 2023.
6B. Declare the attached list of properties as surplus so that the items on it may be
disposed of in the most beneficial way to the City.
MOTION: Approve Items 6A and 6B on the consent agenda.
Motion: Jessica Ring
Second: Michael Waters
Curtis Ford For
Bruce Bole For
Michael Waters (Seconded By) For
Candace Kelly For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
Mayor Ford asked for clarification on the items available for bid. DCM Hogencamp shared that
these items will be made available on a public auction site.
7 COMMITTEE REPORTS
None.
8 ACTION ON RESOLUTIONS
8A. RESOLUTION NO. 23-05
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA
ESTABLISHING THE CITY’S 2023 PRIORITIES; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Ford read the title of the resolution.
DCM Hogencamp reported on the resolution.
MOTION: Approve Resolution No. 23-05.
Motion: Michael Waters
Second: Bruce Bole
Curtis Ford For
Bruce Bole (Seconded By) For
Michael Waters (Moved By) For
Candace Kelly For
Page 5 of 21
Agenda Item #1.A.
13 Mar 2023
Page 33 of 120
Regular City Commission
February 27, 2023
Jessica Ring For
Motion passed 5 to 0.
9 ACTION ON ORDINANCES
9A. ORDINANCE NO. 55-23-37, Public Hearing and Final Reading
AN ORDINANCE, AMENDING THE CODE OF ORDINANCES, CHAPTER 16,
SOLID WASTE AND RECYCLING, ARTICLE I SOLID WASTE DEFINITIONS
AND PROCEDURES, SECTION 16-1 DEFINITIONS, SECTION 16-2 SOLID
WASTE COLLECTION, SECTION 16-8 REMOVAL OF LOT CLEARING,
CONTRACTORS' DEBRIS; OIL AND GREASE, RENAMING ARTICLE II TO
CITY SERVICE FRANCHISE AGREEMENTS, AMENDING AND RENAMING
SECTION 16-14 TO CITY SOLID WASTE FRANCHISE AWARD
PROCEDURES, DELETING SECTIONS 16-16 FRANCHISE FEES, SECTION
16-18 PRIVATE REFUSE COLLECTORS; COLLECTION OF COMMERCIAL
RECYCLING AND CONSTRUCTION AND DEMOLITION DEBRIS, SECTION
16-19 CITY'S COLLECTION EXEMPT FROM SECTIONS 16-10 THROUGH
16-18, SECTION 16-20 APPLICATION; FEE ACTION BY CITY
COMMISSION, AND SECTION 16-21 ISSUANCE OF PERMIT, AMENDING
SECTION 16-22 PERMIT REQUIREMENTS AND RULES, SECTION 16-24
PERMITS NOT TRANSFERABLE, SECTION 16-25 AUTHORITY OF PERMIT
HOLDERS AND SECTION 16-30 VIOLATIONS AND PENALTIES, AND
RENUMBERING SECTION 16-16 THROUGH SECTION 16-30; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Ford read the title of the ordinance.
DCM Hogencamp briefly reported on the ordinance and listened to comments from the
Commission.
The public hearing was opened, there were no speakers, the public hearing was closed.
MOTION: Approve Ordinance No. 55-23-37.
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford For
Bruce Bole (Moved By) For
Michael Waters For
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed 5 to 0.
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Agenda Item #1.A.
13 Mar 2023
Page 34 of 120
Regular City Commission
February 27, 2023
9B. ORDINANCE NO. 95-23-123, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE PROPERTY SWAP AND ASSOCIATED PURCHASE
AND SALE OF REAL PROPERTY OWNED BY THE CITY LOCATED AT 1
WEST FIRST STREET (A PORTION OF REAL ESTATE PARCEL NO.: 170716-
0100), AND PROPERTY OWNED BY SINGLETON ASSOCIATES, LLLP
LOCATED AT 120 MAYPORT ROAD, ATLANTIC BEACH, FLORIDA 32233
(A PORTION OF REAL ESTATE PARCEL NO.: 170723-0000), AND
PROVIDING AN EFFECTIVE DATE.
Mayor Ford read the title of the ordinance.
DCM Hogencamp reported on the ordinance as detailed in the agenda packet and
answered questions from the Commission. John Dekle shared that he has been in
discussion with staff and is okay with the outcome of the discussion. Mayor Ford shared
concerns regarding perpetual easements. CA Thomas shared that an easement can be
done by resolution and that a decision can be made before the resolution comes back
regarding the easement being a perpetual duration. Mr. Dekle clarified that the easement
is not perpetual but rather determinable and shared that the buyer needs to be insured
that the use can continue as it has for the last fifty years. He shared that the work is being
done to come up with a solution that is good for everyone. Discussion ensued regarding
affordable housing and future owners of the property.
The public hearing was opened.
Amy Rose inquired about why the previous agreement wasn't working out and shared
concerns regarding the current affordable housing. Mayor Ford shared that a land swap
was the original ask between the owner and the City and that an easement will help keep
the land under the ownership of the City.
Ken Caudle asked about the granting of an easement and if doing so leaves the City
empowered to do something with the property. Mayor Ford shared that the City could
do something with the property; however, he understands that the intent of the owner is
to sell and that he is not intending to put a roadblock in front of that.
Brinkley Harrell shared concerns regarding the disapproval of this ordinance and
concerns about affordable housing.
The public hearing was closed.
MOTION: Disapprove Ordinance No. 95-23-123.
Motion: Michael Waters
Second: Candace Kelly
CA Thomas clarified that disapproval of this ordinance means that the current ordinance is gone
and that there will be no land swap. He shared that he was not sure if a withdrawal was an option
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Agenda Item #1.A.
13 Mar 2023
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Regular City Commission
February 27, 2023
and that the discussion could be tabled and continued for another date to allow for the ordinance
to come back at a later date. He also clarified that if action is taken to not approve, the
understanding is that the City would continue to work with Mr. Dekle to come up with a solution.
Discussion ensued regarding an easement versus a land swap.
Curtis Ford For
Bruce Bole For
Michael Waters (Moved By) For
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed 5 to 0.
10 MISCELLANEOUS BUSINESS
None.
11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
Mayor Ford introduced the fill-in CA Scott Thomas. CA Thomas introduced attorney Rob
Graham who is also from their practice.
12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
Commissioner Kelly
• encouraged everyone to attend the Recreation Department's upcoming events
• promoted the ESC speaker series
Commissioner Ring
• thanked Linda Lanier and DCM Hogencamp for their work with the priorities
• thanked DCM Hogencamp for stepping in as Interim City Manager
Commissioner Waters
• encouraged the minimization of division in the community
Mayor Ford
• advised that he will be more attentive to civility issues in the future
• shared that the weed wrangle was a fun event and encouraged everyone to get involved
with the next one
13 ADJOURNMENT
The meeting was adjourned at 8:31 p.m.
Attest:
Donna L. Bartle, City Clerk Curtis Ford, Mayor
Date Approved: _____________________
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Attachment B to,,,,,,,,,,,,,,,,,,,,,,,,,,..,.......,........................................................................................................................................................
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4 AB Existing Code Language
Sec.24-163.)—Storage and parking of commercialvehiclesandrecreational vehicles and equipment and
repair ofvehiclesginresidential zoningdistricts.i
0
i
0
V
(c)Recreational vehicles,boats,and trailersofall types,including travel,boat,camping and
i hauling,shall not be parked or stored on any lot occupied by a dwelling or on any lot inany residential0zoningdistrict,exceptiin accordancewithithe followingrequirements:
(1)Not morelthanone(1)recreationalvehicle,boat,or boat trailer,orothertype of trailershall be
i stored or parked on any resideintiallotwhichis fivethousand (5,000)square feetin lot area or less.
7
Minimum lot areaoften thousand (‘l0,000)square feet is required for storage or parking of any second
recreational vehicle,boat or boat trailer,or other type of trailer.In no case may more than a total of two (2)
such vehiclesandtrailers be parked onany residentiallot.i
-
(2)Recreational vehicles,boats or boat trailers,or othertype of trailer shallnot be parked or
storedcloser than fifteen (15)feet from the front lot line and shall be parked in a manner that is generally
perpendicular to the front property line such that length is not aligned in a manner that extends across the
frontofthe lot,it being the intent that recreational vehicles,boats and trailersthat are parked fonivard of the
residenceshould not excessively dominate the front of the lot.
(3)Recreational vehiclesshall not be inhabited or occupied,either temporarily or permanently,
whileparked or storedinany area except in a trailer parkdesignated for such use as authorized within this
,
it
mya chapter.)a
(24)hoursjshalellbeiownediibygthieoccupant ofSaidiot-
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i :7 0 (4)Recreationalvehicles,parked orstoredonanysresidentiallotfora period exceedingtwenty-four
V
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Page 13 of 21Agenda Item #1.A.13 Mar 2023Page 41 of 120
Approx.15’setback T
Front property line
Attachment B In
2.21-23 Minutes
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Altzchinent 3 M
2-27-:3 Minutes
Examples of violo?ons
under The existing
code
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Attachment I In
2.-27-23 Minutes
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2-27-23 Minutes
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Neighboring Beach City Regulations
Neptune Beach Jacksonville Beach
Not permitted in the front yard.
Sec.27-328.-Other accessory structures.
(b)Vehicles,major recreational equipment and
manufactured homes shall not be used as accessory
structures and shall be parked in side yards or rear yards.
In no circumstance shall a major recreational vehicle or
equipment be parked within a clear visibility triangle.
Major recreational equipment means any large motorized
or non—motorized vehicle used for recreational purposes,
such as motorhomes,trailers,campers and camper shells,
boats,and trailers,converted buses and trucks,dune
buggies and sand rails,and trailers,cases or boxes on
wheels used to transport andlor store equipment,as well
as any vehicle required to carry an "RV"tag or not
licensed for legal street use.
Not Permitted in the front setback.
Sec.34402.—Parking of heavy vehicles in RS-1.RS-2.RS-3,RM-1,and RM-2 zoning
districts.or residential uses in RD or FUD zoning distrizfs.
For the dual purpose of preserving attractive residential areas within the city and
promoting safe.unimpeded traf?c circulation throughout such areas,the following
supplemental parking restrictions shall apply:
(2)Within the setback area from a street right-of-way.The following vehicles shall not be
parked or stored.in whole 0!part,within the required setback area from a street right-of-
way or approved private street easement on resldentially zoned property or residentially
used property in an RD or PUD district:
a.Any boatwhich measures in excess oftwenty (20)feet in length.
b.Any hauling trailer (except trailers mounted with boats twenty (20)feet or less in
length.
c.Any urine followingrecreational vehicles:Travel lraiiers,motor homes and camping
trailers.
11.Any semi-trailer truck or cab.
e.Any commercial vehicle which measures in excess oftwenty (20)feet in total body
length,seven (7)feet in total width or seven (7)feet in total height.including
appurtenances,equipment or cargo.Page 20 of 21Agenda Item #1.A.13 Mar 2023Page 48 of 120
Attachment B to
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Page 21 of 21Agenda Item #1.A.13 Mar 2023Page 49 of 120
Page 50 of 120
iarmzlamatiunofthe
(titty uf Qtlantit i?earh
in Recognition of
Water Conservation Month
WHEREAS,water is a basic and essential need of every living creature;and
WHEREAS,The State of Florida,Water Management Districts and the City of Atlantic Beach are
working together to increase awareness about the importance of water conservation;and
WHEREAS,the City of Atlantic Beach and the State of Florida has designated April,typically a dry
month when water demands are most acute,Florida’s Water Conservation Month,to educate citizens
about how they can help save Florida’s precious water resources;and
WHEREAS,the City of Atlantic Beach has always encouraged and supported water conservation,
through various educational programs and special events;and
WHEREAS,every business,industry,school and citizen can make a difference when it comes to
conserving water;and
WHEREAS,every business,industry,school and citizen can help by saving water and thus promote
a healthy economy and community;and
WHEREAS,leak prevention is commonly thought to be the first step in conserving water,and the
City of Atlantic Beach will encourage citizens and businesses to focus on ?xing leaks.
NOW,THEREFORE,I,Curtis Ford,Mayor of the City of Atlantic Beach,Florida,do hereby
proclaim the month of April,as
WATER CONSERVATIONMONTH
The City of Atlantic Beach,Florida is calling upon each citizen and business to help protect our precious
resources by practicing water—savingmeasures and becoming more aware of the need to save water.For
IN WITNESS WHEREOF,I have set my hand and causedtheOfficialSealoftheCityofAtlanticBeachtobeaffixedthis13”‘day of March 2023.Curtis Ford,Mayor Agenda Item #2.A.13 Mar 2023Page 51 of 120
Page 52 of 120
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:90-Day Calendar for the Mayor and Commission
SUBMITTED BY:Yvonne Calverley,Executive Assistant to the City Manager
2’CL’
TODAY’S DATE:March 8,2023
MEETING DATE:March 13,2023
BACKGROUND:The 90-day calendar is included on the agenda for the purpose of setting
meeting dates and determining the location,time and whether to videotape special meetings and
workshops.
The rolling 90-day calendar will be revised after receiving input from City staff and the Commission,
and will be included in each agenda for consideration.
Notes:
~A Waiver Hearing for 42 East Coast Drive is scheduled for Monday,March 20 at 5:30 pm
in the Chamber.
~A Special Called Commission Meeting is scheduled for Monday,April 3 at 5:30 pm in the Chamber.
Subj:Appeal Hearing for 103 Atlantic Blvd and 310 Maypoit Road
-The Northeast Florida League of Cities Dinner will be held at the AB Country Club on Thursday,
April 20 from 6 pm to 8 pm.Atlantic Beach is the lead host.
-Atlantic Beach Holding Company’s dedication ceremony of 219 acres of Intracoastal property
to the North Florida Land Trust will be held at 10 am on Saturday,April 22 at Tideviews Preserve.
BUDGET:None
RECOMMENDATION:Approve the 90-Day Calendar for March —May 2023
ATTACHMENT:1)Mayor and Commission (March —
REVIEWED BY CITY MANAGER:Agenda Item #3.A.13 Mar 2023Page 53 of 120
MAYOR AND COMMISSION
March 2023
SUNDAY FRIDM
1 2 3 4 Dutton Island
Special Magistmte Preserve Bike Tour
Meeting 2 pm 10 —10:30 am
‘
Canine Camivale
ESC Speaker Series (Jordan park)
6 pm 10 am —1 pm
5 Farmers Market 6 7 8 ESC Tree 9 10 11 Tour de Parks
(kusseu park)Subcommittee 9 am
10 am _2 pm 5:15 pm (Russell Park)
Songwriters Concert ESC Meeting Wdigvgliders
(Bull Park)6-8 pm 6 pm (Dmon wand)
12 ‘I3 14 15 16 17 18
Family Paint Night
Farmers M31-keg Commission ARCC Meeting ESC Outreach A’:IceCream
(Russell Park)Meeting 6:30 pm 6 pm Subcommittee Pm.onner10am2pm(Invoc-Bole)4.45 pm Park/Baker Center
19 Farmezs Market 30 21 22 23 ESC Sustainability &24 25
(Russell park)Waiver Hearing Community Resiliency Subcommittee Wild Wonders
10 am—2 pm (42 E351C085101')Development 9 3"‘1~2pm
Acoustic Night 5:30 pm Board Charter Review (Dlmoll Island)
(Bull Park)6-8 pm 6 pm Committee 6 pm
‘
26 27 28 29 30 31
Farmers Maxket Commission ARCC
(Russell Park)Meeting 6:30 pm Workshop
10 am —2 pm (Invoc—Waters)10 am
Agenda Item #3.A.13 Mar 2023Page 54 of 120
MAYOR AND COMNIISSION
MONDA)
April 2023
\\EDNESD V1 FRlDA\
2 Farmers Market 3 4 5 6 7 8 Egg Hunt &
(Russell Park)Appeal Hearing ESC Speaker Parade 10 am—I pm
10 am—2 pm (103 Atl Blv &310 Series 6 pm (Jordan Park)
Songwmets Come”MaypimRoad)Chamber Wild Wonders
(Bun park)6_3 pm 5:30 pm ()1-2 pm Dutton lsland
9 10 11 12 ESC Tree 13 14 I5
Farmers Market Commission Mtg ARCC Meeting Subwmmi?ee Mlg TOW"H311Meeting
(kussen park)630 pm 6 pm 5:15 pm 10 am—Noon
(Baker Center)I0 am ‘2 Pm (Invoc-Kelly)ESC Ml:6 Pm
16 17 18 19 20 21 22Artsinthe Park
Farmers Market Community ESC Outreach NortheastFlorida Family Paint Night 10 am —4 pm
(Russell Park)Development Subcommittee Lg?gue°f6C|[195 and Bingo (1011315511Park)
10 am —2 pm Board Meeting Meeting mu“‘Pm 6:30 pm NFLT D d‘r
‘AB C b r
C 'lC8U0l'|rpm <><JmdwPe>
(Tldevrews Preserve)
EARTH DAY
23 Farmers Market 24 25 26 27 ESC 28 29
(Russell Park)Commission Mtg Sustainability &
10 am—2pm 5:30 Pm Resiliency
AcousticNight (InV0c_R_ing)Subcolnlnntee
(Bull Park)6 pm 9 am
30 Farmers Market
(Russell Park)
10 am —2 pm
Opening of the
Beaches Parade
Agenda Item #3.A.13 Mar 2023Page 55 of 120
MAYOR AND COMMISSION
May 2023
MONDAY ESDAY WEDNESDAY THURSDAY FRIDAY
1 2 3 4 Special 5 6
Magistrate Hearing We11Fest
2 P"‘9 am
ESC Speaker Johansen Park
Series 6 pm
7 Farmers Market 8 9 I0 ESC Tree 11 12 13
(Russell Park)Commission ARCC Meeting 5ub°°mm1?€°Pension Board
10 “H-2 P“Meeting 6 pm 5:15 P"?Meeting
.6:30 pm ESC Mew":5:30 pmSongwritersConcert(InVoC_FOrd)5 pm
(Bull Park)6~8 pm
14 15 16 17 Community 18 19 20
Farmers Market Commission Development Board Family Paint
(R“55€“Pmk)Workshop (A11day)Night &Bingo
10 am_2 pm 6 Pm ESC Outreach 6:30 pm
(IfN99d9d)Committee 4:45 pm (Baker Center)
21 Farmers Market 22 23 24 25 26 27
(Russell Park)Commission ESC
10 am ‘2 Pm Meeting Subcommittee.-.-
AcousticNight 6J0 pm Meeting
(Bun Park)5 pm (Invoc-Bole)9 am
28 29 Memorial Day 30 31
Farmers Market Event -9 am
(Russell Park)Beaches Veterans
10 am —2 pm Memorial Park
City Omces Closed
Agenda Item #3.A.13 Mar 2023Page 56 of 120
§33‘§Z§.'l22.5?z%Z'é"‘e"‘|iV1lEWHCDINI [MI
Atlantic Beach,FL 32233
9D4~247—5874
To:Shane Corbin
From:Steve Swarm.PE
cc:Kevin Hogencamp
Amanda Askew
Date:January 31,2023
Re:JVVB Property on Dora Drive ~Potential Use for Stormwater Mitigation Park
The attached map depicts a 2.2 acre parcel of undeveloped land at the end of Dora D
ri
ve
just
west of Francis Avenue currently zoned for 40 multl»family units.This property is owned byJVVB
Real Estate (Hoose Homes)and is currently for sale.I let Alex Sifakis of JVVB know th
at
theCity
might have some interest in the property for a park/stormwater pond.We do not know the
appraised value is.but he understands that the City cannot pay over appraised value
indicated he is looking for a sale price of $1.2M.
Given the drainage issues in this area (bounded by Stanley Rd.Mayport Rd.Dutton is
l
a
n
d
Road and Francis Avenue)and following your direction to vet this property as a potential
purchase.we engaged Jones—Edmunds to analyze the benefits of using this property
stormwater mitigation.Jones—Edmunds prepared the attached analysis which includes th
ebenefitsandpotentialconstructioncostsfortwooptions.
If you recall.the drainage ditch serving this drainage basin starts at Dutton Island Road and
runs through city—owned property (see attached)and enters a culvert at Stanley Road.T
h
e
culvert drains to the Donner Road storm sewer system.The problems are that this culv
ert
is
undersized and there is limited storage in the drainage basin to protect against flooding.
We have a grant—lunded design project we are kicking off to upsize the Stanley Rd culv
ert
from
1 5"to 36".That project alone is not a 100"/o solution to the dra age problem and enlargi
ng
the
culvert to 36"is extremely expensive and construction will be difficult given the extremely narro
wrightofwayinthisarea.The projected rough order of magnitude construction cost for 36"
culvert is $875,000.
We analyzed two alternatives using the JWB property for increased stormwater storage.The
first alternative is construct a large standalone storrnwater pond without completing the St
anl
ey
Rd culvert project.The second alternative includes a smaller stormwater pond (leaving ro
o
m
for
some park amenities and a multiuse path,see attached map)along with enlarging the c
u
l
v
e
r
t
to
a cheaper and easier to construct 24"pipe.Agenda Item #3.D.13 Mar 2023Page 57 of 120
Memo to Shane Corbin
January 31,2023
Page 2
The following is a summary of the alternatives analyzed:
Alternative 1 e Enlarge the Stanley Rd culvert to 36"between Stanley Rd and Donner Rd
Alternative 2 —Utilize 1.7 Ac (out of 2.2 Ac)of the JVVB property as a storrrlwater pondwin-
loll;upsizing the Stanley Road culvert.
Alternative 3 —Utilize 1.4 Ac of the JVVB property as a stormwater pond,leaving some roo
m
for
park amen ties and upsi ng the Stanley Road culvert to 24"(much easier and cheaper toinstall
than a 36"culvert),
For drainage improvement analysis.both Alternative 2 and Alternative 3 include an op
tio
n
to
pump the pond down pre—storrn event.similar to Aquatic Gardens Pond.A comparison ofstage
reduction predicted for each alternative during a 10-year storm and a 24—storm are pro
vid
ed
in
the table below.
Comparlson of Alternatives wlth Respect to Stage Reduction
_10-Yr Storrn 25-Yr Storrrl
Pl’°.I3C‘A"e'"3"V9 Vlleter Level Difference Water Level Differe
nceFT
Existing Condltlons
Alternative 1 -36"Pipe
No Pumping
Alternative 2
1.7 Ac Pond
l=-re-storm Pumping
Alternative 3 No Pumping
1 ._4 Ac Pond.24"
Pipe Pre—Storm Pumping
The results of the analysis indicate that constructing a storrnwater pond on the JVVB p
r
o
p
e
rt
y
will provide appreciable ?ood reduction benefits,particularly during smaller,more freque
nt
storm
events.
Combining the proposed pond on the JVVB property with increasing the size of the Stan
ley
Road
culvert to 24"(Alternative 3)and/or pre—storrn pond drawdown pumping will provide sig
nif
ica
nt
additional flood protection during larger,less frequent storm events.Agenda Item #3.D.13 Mar 2023Page 58 of 120
Memo to Shane Corbin
January 31,2023
Page 3
The following are rough order of magnitude costs for the alternatives.All construction costs
include a 30%contingency.Property acquisition cost includes $100K in due diligence &closing
costs.
Alternative 1 —36”culvert at Stanley Road
Land Acquisition $0
Pond Construction $0
Culvert Expansion $875,000
HMGP Culvert Reimb.*788 000
Total Cost $87,000
Alternative 2 —1.7 Ac pond,no culvert improvements
Land Acquisition $1,300,000
Pond Construction $1,619,000
Culvert Ex ansion 0
Total Cost $2,919,000
Alternative 3 —1.4 Ac pond w/2 ”culvert at Stanley Road
Land Acquisition $1,300,000
Pond Construction $1,550,000
Culvert Expansion $647,000
HMGP Culvert Reimb.*582 000
Total Cost $2,915,000
*90%construction cost reimbursement potentially from a FEMAHMGP grant
The results of the analysis indicate Alternative 1,expanding the drainage culvert between
Stanley Rd and Donner Rd,does not provide the best benefit with respect to water level
reduction during either a 10-year or 25-year storm event.Alternative 1 cannot be constructed
until the Aquatic Gardens project is completed.
Alternative 3 clearly provides the most benefit with respect to flood protection.This alternative
provides for a reduction in water levels of 1.58 FT during a 10—yearstorm event and 0.56 FT
during a 25-year storm event.Alternative 3 can likely be constructed prior to completion of the
Aquatic Gardens project.
if there is desire to create additional park space,Alternative 3 is the best long term option for
improving drainage in this area.Staff could pursue modifications to our HMGP grant for the
Stanley Rd culvert to help defray pond construction cost.
Recall that the City owns all of the parcels along the drainage ditch from the JWB property toDuttonislandRd(see attached map).These parcels could provide additional stormwaterstorageandstagereductioninconjunctionwithastormwaterpondontheJWBproperty.SCS/sAttachments:JWB Dora Drive Property MapPotentialMultiusePathMapStormwaterAnalysis—Jones-Edmunds —01-18-23 Agenda Item #3.D.13 Mar 2023Page 59 of 120
R.e
Cra
.P
_Ao._o
m.n
5
LL_.m
e
R
;m
..w
‘F e
D.
0r
.P
W
J
Agenda Item #3.D.13 Mar 2023Page 60 of 120
:"2.’:'lfB.'i —.
Potential New |\/lultiuse Path
Francis to Dutton Island Road
Agenda Item #3.D.13 Mar 2023Page 61 of 120
TECHNICAL MEMORAN DUM JonesEdn1und@
Dora Drive and Stanley Road Drainage Improvements
TO:Steve Swann,PE
FROIVI:Jarrod Hlrrielse,PE;Bruce Myhre,PhD,PE
DATE:January 26,2023
SUBJECT:Summary of Dora Drive and Stanley Road Dralnage Improvement A
n
al
ys
is
Jones Edmunds Project NO.20475-O05-O1
1 BACKGROUND
The city of Atlantic Beach experiences flooding in the iow—lying areas adjacent:to
Road,Dora Drive,and simmons Road,referred to as the Stanley Road Dra/nage P
r
o
b
l
e
Area.Following intense rainfall events,the city experiences flooding of roadways,
and private structures in this area.This area was identified and evaluated as part the
city's stormwater Master Plan Update,which was completed by Jones Edrnunds in
November 2013.Preliminary evaluated options to reduce flooding in this area includ
edaddingstorageforstormwateronthevacantparcelsattheendofDoraDriveand l
r
r
l
the outfall conveyance capacity from the Stanley Road Drainage Prob/em Area.The par
celsattheendofDoraDrivearecurrentlyforsale.The city would like to further evaluate
options and quantify the benefits of adding stormwater storage capacity on the vac
antparcelsand/or improving outfall conveyance capaclty to determine if purchasing th
e
parce
lsisworthwhile.Figure 1 shows the locations of the vacant parcels on Dora Drive and
summarizes exlstlng drainage conditions in the Stanley Road Drainage Problem Are
a.
2 IWODELED INIPROVEIWENT OPTIONS
Clty staff requested that Jones Edrrlunds use the C|tv’s hydrologlc and hydraulic (H
&
H)model that was developed for the stormwater Master Plan Update to evaluate Flood
reduction benefits OF two Improvement optlons for the Stanley Road Drainage Proble
m
Area.
2.1 OPTION #1:STORIIVVATER POND ON VACZNT DORA DRIVE PQ
RC
ELSoption#1 includes an approximately 1.7-acre stormwater pond on the vacant Dora Driv
eparcelstoprovidestormwaterattenuation.This option provldes the maximum amou
nt
of
storage avallable on the parcels and would not provide a parklng area if the city tu
r
n
s
this
area into a park amenity.Improvements to the staniey Road outfall pipe were not in
cl
u
d
e
d
in this option.Figure 2 summarizes the improvements for this option.The pond wa
sassumedtotieintothebottomoftheexistingdrainageditchtoallowstormwater flow
freely into and out of the pond.
os5os»o11»o1 1
January 2023 summary of Dora Drive and Stanley Road Drainage Improvement Analysis
Agenda Item #3.D.13 Mar 2023Page 62 of 120
Parcels Locatlon and Exlstlng Dral age Condltlons
Stanley Road Drainage
Problem Area
Vacant Dora Dr.Parcels
Existlng Pipe
rIIe!lManhole/Headwall
Leasnd
|::|Proposed Dora Drive Pond
Vacant Dora Dr.Parcels
Exlstlng Pipe
Exlsllng InlelJManho|e/Headwall
45*">-..~i‘=r ..
035054311-01 2
January 2023 summary or Dora Drive and Stanley Road Drainage Improvement Analysis
Agenda Item #3.D.13 Mar 2023Page 63 of 120
2.2 QPTION #2:STORIGVVATER POND ON VACANT DORA DRIVE PA
R
CE
LS
VNITH STANLEY ROAD QUTFALL PIPE IMPROVEMENTS
option #2 Includes an approximately 1.4-acre storrnwater pond on the vacant Dora Driv
eparcelsandIncreasingtheStanleyRoadoutfallpipefroma15-inch pipe to 3 24-|l'1Ch pipe.
In this scenario,the stormwater pond footprint was reduced to provide a parking on
the south side of Dora Drive I?‘the City turns this area Into a park amenity.The pon
d
was
assumed to tie Into the bottom OF the existing drainage ditch to allow stormwater flow
freely into and out of the pond.
The recommended improvement alternative for this area from the Storrnwater Mast
er
Plan
Update Included Increasing the size of the Stanley Road outfall pipe.The City applied for
design and construction funding from the Federal Ernergency Management Agency (
F
E
I
V
I
A
)
to Implement the Stanley Road outfall lrriprovernent and was recently awarded fund
ing
for
the design.This option demonstrates the benefits If the outfall pipe improvements
constructed together with the stormwater pond at the Dora Drive parcels.Figure 3
summarizes the Improvements for this option.
Lagem-x
Z}Proposed Dora Drive Pond
Vcant Dora Dr.Parcels
Existing Pipe
Existing ln|e|IManholeIHeadwall
«Ar ,1 i!—§l5l'E{T 1
O8505~O11-0)3
January 2023 Summary of Dora Drive and Stanley Road Drainage lrnprovernenl:Analysis
Agenda Item #3.D.13 Mar 2023Page 64 of 120
3 NIODEL RESULTS AND INUNDATION MAPPING
Jones Edrrlunds used the City's H&H rnodel to simulate the rnean—annuaI,10-,and
25-year/24-hour design storm events For both options to determine the flood reducti
onbenefits.Scenarios were also run to determine the flood-reduction benefits If the
pumped down the proposed stormwater pond before large forecast storms,similar tothe
city pumping down the Aquatic Drive stormwater pond.The pumped scenario assu
med
that
the pond was pumped to half FLJII (elevation 4 Feet North American Verticai Datum o
f
1988
[NAvD8s]).Tables 1 and 2 summarize the existing and proposed modeled peak st
a
g
es
For
option #1 and option #2 with and without pre-storm pond pumping.
Table 1 option #1 Existing versus Proposed Peak stage comparison
Mean Annual (5 Inches of Rainfall)
Proposed Proposed
|-GCEHO-'I Existing (No l=-re-Dm.(With D”,conditions Storrn Storrn
Drawdown)Drawdown)
Between Jackson Road and Dora Drive 15.61 9.91 <o.7 8.79 -1.3’:
2::/seenslmmons Road and Dutton Island “I52 992 _0‘7 533 ,1_79
Between Dore Drive and Simmons Road 10.61 9.91 ~cl.7 3.52 -1.79
10-Year (7.3 Inches of Rainfall)
Proposed Proposed
Location Existing (No Pre-D.“(with D“...Conditions Storm storm
Drawdown)Drawdown)
Between Jackson Road and Dora Drive 10.93 10.55 -0.15 10.53 «ci.45
Eglévseen Slrrlrrlorls Road and Dutton xsiand 11_04 1034 _O2 1054 _D5
'Between Dora Drive and Simmons Road 11.04 10.83 ~o.21 10.54 ~a.5
25-Year (9.2 Inches or Rainfall)
Proposed Proposed
L°C=“°"Existing (No Pres Diff (with Dm,conditions storm storm
Drawdown)Drawdown)
éetween Jackson Road and Dora Drive 11.13 11.01 -0.12 10.91 -0.22
2::/seensirnmons Road and Duncan Island 1139 11.1 _o.29 1033 ‘OAS
.Between para Drive and simmons Road 11.39 11.1 -0.29 10.93 -0.46
05505-011-01
January 2023
4
Summary or Dora Drive and stanley Road Drainage xmproven-lent Analysis
Agenda Item #3.D.13 Mar 2023Page 65 of 120
T ble 2 Option #2 Exlstlng versus Proposed Polk Stag cnrnpn nan
Mean Annual (5 Inches of Rainfall)
Proposed Proposed
Location Exlstlng (No Pre-Diff (Wlth Dl?,Condltlons Storm Storrrl
Drawdown)Drawdown)
:2:/Seenslmmons Road and Dutron Island 10.52 9‘1 _1_52 8.33 _1'79
10-Yer (7.3 Ices of RaInFa|I)
Proposed Proposed
Lm==t|°r|Exlstlrlg (No Pre»W (With Dm,Condltlons Storrn D Storm
Drawdown)Drawdown)
25-‘/ear (9.2 Inches of Ralnfall)
Proposed Proposed
L°==8t|°I'I Exlstlng (No Pre—Dm,(With Dm,Condltlons Storm Storm
,,V..Ill .~
Dr-awdown)Drawdo
w)
Between Simmons Road and Duncan Island
Road 11.39 10.98 10.55
Jones Edrnunds plotted exlstlng and proposed Inundatlon extents based on modeled peak
water-surface elevations.Figures 4 through 9 show exlstlng versus proposed Inunda
tlonwlthandwlthoul:pre—storm pumping For the rnean—al-lnual,10-,and 25-year/24-hour
events.
03505-011431 5
January 2023 summary of Dora Drlve and Stanley Road Dralnage Improvement Analysls
Agenda Item #3.D.13 Mar 2023Page 66 of 120
Legend
Option #1 No Pre—Storrn Purnplng
Option #1 VVIKI1 Pre-Storm Furrlplrlg
2 Existing Corldillons Mean—Annual lnundallon
fl Proposed Dora Drive Pond.M ,7
Legend
Option #1 VVilh Pre—Siorm Pumping
Option #1 No Pre—Storm Pumping
Z Existing Conditions 10—Year Inurlda?on
08505-01 1—o 1 6
January 2023 summary of Dora Drlve and Stanley Road Dralnage Improvement Anaiysls
Agenda Item #3.D.13 Mar 2023Page 67 of 120
Legend
Option #1 With Pre—Stcrnn Pumping
Option #1 No Prarstorrri Purnplng
j Exls?ng Conditions 25-Year Inundallon
ii Proposed Dora Drive Fund
.1.
Option #2 VVllh F're-Storm Pumping
Opllon #2 NO F're—Storm Pumping-Existing COFIGIUOYIS Mean—Annual Inundation
1 Pro
oa5o5—o11~o1
January 202:Summary or Dare Drive and Stanley Road Dralnage Improvement Analysls
Agenda Item #3.D.13 Mar 2023Page 68 of 120
Legal!11
Option #2 With Pre—Storn1 Pumping
Option #2 No Pra—siorm Pumping
:3 Proposed Dora Drlve Pond
j Exisiing 0
Legend
Option #2 With Pre—Storn1 Pumping
opiion #2 No Pre—SlorrrI Pumping
j Exisllng Conditions 25—Year Inundalion
Z Proposed Dora Drlve Pond
08505-D11-O1 5
January 2023 Summary of Dora Drive and Stanley Road Dralriage Improvement Analysis
Agenda Item #3.D.13 Mar 2023Page 69 of 120
4 ENGINEERS OPINION OF PROBABLE COST
A cor1ceptL.lal—leve|Engineer's Opinion of Probable Cost (EOPC)was developed for
optlons.The EOPCS Include engineering,data collection,and constructlon cost estlrn
ates
For
each Improvement optlon.The estlrnates are considered American Society for Testln
g
and
Materlals (ASTM)Class 4 estlrl-iates,which are used when the project deflnitlon Is 1to
15 percent.These are budgetary estimates with an expected accuracy range of
-30 to +50 percent.Unit costs were estimated based on the Florida Department o
fTransportation's hlstorlcal cost data and recently bld local projects.A 40—percer1t
construction contingency was added to account For construction cost variablllty and proj
ectunknowns.Tables 3 and 4 provide the detailed EOPCS for the options.Property acq
ulsl
tloncostIsnotIncludedInthecostestimates.
Table 3 Option #1 EOPC
Itern Description Unlt Quantity Unlt Price
Moblllzatlon (10"/o)LS 1 $90,000 $
9
0
,
0
0
0
Maintenance of Traffic (1"/o)LS 1 $9,000 $9,
000
Prevention,Control,And Abatement of
Eroslon and Water Pollution (5%)Ls 1 $“5'°°°$
4
5
3
0
0
_
Pan».-_i const
ructi
on
Clearing and Grubblng AC 2.0 $40,000 $
8
0
,
0
0
0
Pond Excavation CY 15,000 $40
Pond Sod SY 5,000 $4.00 $
2
0
,
0
0
0
Mlscellaneous Pipes and structures EA 1 $200,000
''
'
eyeraii xc
en
is
Contlngency Arnourlt (309/o)LS 1 $313,200
i32eEscl‘gl)1/Perrnlttlng/DataCollection L5 1 $261,000
TOTAL $1,6 19
,
00
0
osso5—o11—o1 9
January 2023 Summary oi‘Dora Drive and Stanley Road Drainage Improvement Analysis
Agenda Item #3.D.13 Mar 2023Page 70 of 120
Table 4 option #2 EOPC
Itern Descrlptlon Unlt Quantity Unlt Price Cost
Moblllzatlon (10%/a)LS 1 $128,090 $128,100
Maintenance of Traffic (1°/0)L5 1 $12,199 $12,200
Prevention,Control,And Abatement Of L5 1 $60,995 $61,000
Erosion And Water Pollutlon (59/a)
,,Pon
d
Co
nsl
zru
hkl
on
clearing and Grubblng AC 2.0 $40,000 $80,000
Pond Excavation CY 14,000 $40 $560,000
Pond Sod SY 5,000 $4.00 $20,000
Misc.Pipes and Structures EA 1 $200,000 $200,000
1
7 ’Stanley Roan!Qutfall ,C1!
JlVe"r?:,
Re
pl
ac
e
m
en
t
Removal of Exlstlng Pavement/Sidewalk sv 200 $30 $6,000
Removal of Existing Storm Pipe LF 550 $75 $41,300
Clearing and Grubblng AC 0.5 $40,000 $20,000
Manhole,Type—P <10 feet EA 1 $8,000 $8,000
Pipe Culvert,24 Inches LF 850 $250 $212,500
Mltered End Section,24 inches EA 1 $3,500 $3,500
Type C Dbl,JABol:,<10 feet EA 4 $8,000 $32,000
Type B stabilization SY 200 $10 $2,000
optional Base Group 9 (10»inch Lirnerock)SY 200 $25 $5,000
(LBR 100)
superpave Asphalt Concrete (Trafflc C)TN 22 $165 $3,700
6—inch Concrete Driveway SY 25 $55 $1,700
Temporary Flow Bypass LS 1 $20,000 $20,000
sociding sv 1,050 $4 $4,200
__,
Iterri;
Contlngency Amount (300/o)LS 1 $425,360 $426,400
Design/Perrnlttlng/Data Collection (25°/cu)LS 1 $355,300 $355,300
TOTAL $2,
203,
000
5 CONCLUSION
Based on the results of thls analysis,constructing a storrnwater pond on the vacant Dor
aDriveparcelsWIIIprovideappreciablefloodreductloribenefitsIntheStanleyRoad
Prob/en‘:Area,partlcularly durlng smaller,more frequent storm events.Cornblrilng th
eproposedpondatDoraDrivewithIncreasingthesizeoftheStanleyRoadoutfallpi
p
e
and/
orpre—storrn pond drawdown pun?plng WIII provide significant addltlonal flood protectlon durlng
larger,less frequent storm events.
0a505—01 1Ao1
January 2023
10
summary of Dora Drlve and sraniey Road Drainage Improvement Analysis
Agenda Item #3.D.13 Mar 2023Page 71 of 120
Page 72 of 120
_
Paid Parking Recap
Agenda Item #3.F.13 Mar 2023Page 73 of 120
TIC BEACHe
Paid Parking Recap —Overview
°Beaches Town Center Paid Parking
°Began during Fiscal Year 2019/2020
°Revenue data through February 28,2023
°Includes Revenue by parking kiosk site
°18”‘and 19”‘Street Paid Parking
°Began the end ofJu|y 2022
°Revenue data through February 28,2023
°Includes revenue by parking kiosk by site,mobile payment app by site
Agenda Item #3.F.13 Mar 2023Page 74 of 120
Beaches Town Center Parking Revenue
$14,000.00
r
$10,000.00
$5,000.00
55,000.00
54,000.00
52,000.00 I I I|I I5‘
Oct ‘Jan Fen Mar 1 An Jun JulNavDecMay Aug Sept
2019/202010:52,522.75 5 2,745.49 4,545.23 1 5,192.20 4,922.37 4,100.71 929.55 5,570.15 5,515.22 5,555.52 5,554.33 4,479.44
I2020/2021ma 55,595.15 52,724.27 2,275.57 2,554.25 ‘4,252.57 2,225.72 4,597.02 5,915.09 2,504.53 7,557.51 5,724.00 5,057.54 5,579.57
12021/2022mar=s110,3u4.5a 55,155.03 5,557.40 5,025.52 5,535.42 5,223.53 11,025.40 11,555.47 11,751.19 11,555.95 11,554.55 5,805.59 5,032.05
m2022/2o23TuxaI=$22,551.75 59,343.50 5,575.50 5,371.50 9,455.55
512,000.00
Agenda Item #3.F.13 Mar 2023Page 75 of 120
LANIICBEACH
’Beaches Town Center
Parking Revenue by Site
540,000.00
$35,000.00
$30,000.00
525,000.00
$20,000.00
$15,000.00
$10,000.00
$5,000.00 I I III
5,
FY2019/2021=$52,322.75 ‘FV2021/2010=$56,595.15 Fv 2021/2022=$110,304.63 FY2022/Z023=533131.75
I Mobile Payment-App:Ad Ehtd0 East coast $21,369.49 $21,359.49 524,932.52 512,025.55
I Mobile Paymenx-App Oneal":awn/Ahern $11,233.66 $17,741.75 $31,735.34 $0,210.00
I Kioskaxozeanawn&Ahern $15,281.70 $17,172.19 $35,370.42 $7,953.30
I ask IDAdanti:Blvd&East coast $4,932.90 510,311.70 517,765.75 55,686.80
Agenda Item #3.F.13 Mar 2023Page 76 of 120
18”‘&19”‘Street Paid Parking
$4,000.00
$3,500.00
$3,000.00
$2,500.00
$2,000.00
$L5ou.ou
$1,000.00
ssmmn -
5.mamsx.Kiosk mm5:Mabne Pymnl App 19m 5:.Kinsk tam 5:.Mann:Fymn!App
mm 30 -5epr3D,2u21 $3,335.00 51.34359 $1,224.00 $272.33
Agenda Item #3.F.13 Mar 2023Page 77 of 120
Page 78 of 120
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM:Resolution No.23-05 adopting the City’s 2023 Priorities (For
Reconsideration with Amendments)
TODAY’S DATE:March 8,2023
MEETING DATE:March 13,2023
SUBMITTED BY:Kevin Hogencamp,Deputy City Manager
SUMMARY:The City Commission held its annual priority-setting exercise,facilitated
once again by Linda Lanier,on Jan.30,and adopted its 2023 priorities at its Feb.27,2023
meeting.
Staff inadvertently omitted an establishedpriority ~“reducing residential water consumption by
15%by Dec.31,2023”.
As such,the proposed amended Exhibit A (Resilience &Environmental Leadership section,
second bullet)now reads:“Reducing residential water consumption by 15%,and residential and
City energy consumption by 10%,by Dec.31,2023.”
RECOMMENDATION:Commission reconsider Resolution No.23-05 and approve Resolution
No.23-05 as amended.
BUDGET:N.A.
ATTACHMENTS:Resolution No.23-05 (amended)incl.Exhibit A,the 2023 priorities
document (amended)
Resolution No.23-05 (redlined)incl.Exhibit A,the 2023 priorities
document (redlined)
CITY MANAGER:V9 Agenda Item #8.A.13 Mar 2023Page 79 of 120
RESOLUTION NO.23-05
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA
ESTABLISHING THE CITY’S 2023 PRIORITIES;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the City of Atlantic Beach develops priorities annually to use as a tool to
guide policy and budget decision—making,and to outline strategies to work toward outcomes of
signi?cant projects,initiatives,programming,and activities;and
WHEREAS,these priorities affect many aspects of civic life in Atlantic Beach;and
WHEREAS,establishing and sharing priorities helps inform residents,businesses and
other stakeholders on what the City Commission’s constituents and elected of?cials View as
important for the community in an easy-to-understand and transparent manner;and
WHEREAS,the City Commission desires to af?rm its priorities by Resolution,and
WHEREAS,following a proper and valid vote for reconsideration of its passage of
Resolution No.23-05 on February 27,2023,the City Commission now desires to amend Exhibit
A.Speci?cally,the amended Exhibit A (Resilience &Environmental Leadership section,second
bullet)now reads:“Reducing residential water consumption by 15%,and residential and City
energy consumption by 10%,by Dec.31,2023.”
NOW,THEREFORE,be it resolved by the Commission of the City of Atlantic Beach:
SECTION 1.The City Commission hereby establishes the 2023 Priorities identi?ed in
Exhibit A,as amended.
SECTION 2.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 27”‘day of February,2023.
PASSED,as amended,by the City of Atlantic Beach following a proper and valid vote for
reconsideration this 13th day of March,2023.
Curtis Ford,Mayor
Attest:
Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Jason Gabriel,City Attorney Agenda Item #8.A.13 Mar 2023Page 80 of 120
-.-.._._.,..___.,.....,.._,_..__......__._........._.____........BE?E£&§ M.m%mm%
MMMMMMMMMM M...
ATLANTICBEACHCITYCOM MISSION PRIORITIES
~~~~I EsTABLis;Ebj;vu;k:rMBm6,”EO2WW2:WA:akovEDBYRESOLIITIONFEBEEIIEE,2023;AMENDEDON MMAEEH13,2023
CITYSERVICES&COLLABORATION
Ensure that City has a high-performing workforce,well-managed volunteer corps,and viable
partnerships via:
I Developing an effective customer-centric service strategy that sets measurable goals,creates a
consistent feedback loop,and makes customer satisfaction the end goal across the organization.
I Providing consistent and equitable code enforcement.
I Developing and implementing a comprehensive volunteer management program.
I Enhancing senior services programming and outreach to seniors.
I Exploring alliances with a child-service organization to support the after~school program,and
ensuring that the program has qualified educators on staff or serving as volunteers.
I Fostering partnerships with the Beaches cities,the City oflacksonville,and the State of Florida.
INFRASTRUCTURE&STORMWATERMANAGEMENT
Address critical current and future needs via:
I Administering the City's 10-year capital improvement plan.
I Exploring options for compliance with Senate Bill64,which requires the City to eliminate surface
water discharge oftreated effluent by 2032.
I Administering the stormwater master plan.
I Reviewing stormwater management codes pertaining to impervious surface and retention swale
requirements.
RESILIENCE&ENVIRONMENTALLEADERSHIP
Validate COAB’scommitment to resiliency,sustainability and the environment via:
I Updating the City's vulnerability assessment and implementing the City's adaptation plan.
I Reducing residential water consumption by 15%,and residential and City energy consumption by
10%,by Dec.31,2023.
I Adopting an integrative pest management plan for the City,and voluntary guidelines for the private
sector.
I Utilizing tree canopy assessment data to create actions to further protect and enhance the canopy.
TRAFFICSAFETY&PARKING MANAGEMENT
via:
II Exploring the prospect of forming a citizens committee to review beach-access parking and mobilityissues,and provide recommendations to the City Commission.I Identifying new opportunities to improve bike-,e-bike-,and pedestrian safety,and developingstrategies,accordingly.I Conducting an analysis to determine whether a roundabout at the ”Five-Way”would be a viableandcost-effective traffic management tool.Agenda Item #8.A.13 Mar 2023Page 81 of 120
COMMUNITY DEVELOPMENT
Enhance community corridors,connectivity and parks via:
I Administering the Mayport Road Vision Implementation Plan,Connectivity Plan and Parks Master
Plan.
I Developing a Seminole Road gateway-improvement plan.
ClTY FACILITIES
lmprove residents’and visitors’enjoyment of City facilities via:
I Upgrading the Gulliford Hall stage at Adele Grage Cultural Center.
I Enhancing youth baseball,pickleball,tennis and racquetball facilities.Agenda Item #8.A.13 Mar 2023Page 82 of 120
RESOLUTION NO.23-05
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORID
AESTABLISHINGTHECITY’S 2023 PRIORITIES;AND PROVIDING A
NEFFECTIVEDATE.
‘WHEREAS,the City of Atlantic Beach develops priorities annually to use asatoolto
guide policy and budget decision—rnaking,and to outline strategies to work toward of
signi?cant projects,initiatives,programrning,and activities;and
VVHEREAS,these priorities affect many aspects of civic life in Atlantic Beach
;
and
WHEREAS,establishing and sharing priorities helps inforrn residents,bus
ine
sse
s
and
other stakeholders on what the City Comniissioi-i’s constituents and elected official
s
Viewas
important for the community in an easy-to-understand and transparent mannex‘;and
VVHEREAS,the City Commission desires to af?rrn its priorities by Resolution and
VVIIEREAS t‘oIlowin,<.La nroner and valid vote for reconsideration of its Dass
agc
of
Resolution No.23-05 on February 27 2023 the City C()n1111issioii now desires to an
me
nd
Exhibit
A..Snecilicallyg the an1en:let.l Exhibit A (‘Resilience &Environmental Leadersliip sect
ion
second
bullet)now reads:“Reducing residential water consuinption by 15%and residential andCity
cncru consuihplion by 10%by Dec.31 2023.“
NOVV,THEREFORE,be it resolved by the Commission of the City of Atlanti
c
Beach
:
SECTION 1.The City Commission hereby establishes the 2023 Priorities iin
Exhibit A as aincndcd.
SECTION 2.This Resolution shall take effect immediately upon its passage a
n
d
adopt
ion.
PASSED AND ADOPTED by the City ofAtlantic Beach,this 27"‘day of Febr
uary,
2023'
PASSED as an1en(led by the City of Atlantic Beach following a proper and votefor
rcuonsirdcration this 13th day of l\/larch 2023.
Curtis Ford,l\/Iayor
Attest:
Donna L.Battle,City Clerk
Approved as to form and correctness:
Jason Gabriel,City Attorney
Agenda Item #8.A.13 Mar 2023Page 83 of 120
RESOLUTION 23-05 EXHIBIT A
ATLANTIC BEACH CITY COIVIIVIISSION PRIORI
TIESIESTABLISHEDJANUARV30,2022;APPROVED BY RESOLUTION FEBRUARY 27,2023-AMENDED ON I\/
IA
R
C
H
132023
CITY SERVICES 8:COLLABORATION
Ensure that City has a high-performing workforce,welI—managecl volunteer corps,and vi
a
bl
e
partnerships via:
Developing an effective customencentric service strategy that sets measurable goals,crea
tes
a
consistent feedback loop,and makes customer satisfaction the end goal across the
Providing consistent and equitable code enforcement.
Developing and implementing a comprehensive volunteer management program.
Enhancing senior services programming and outreach to seniors.
Exploring alliances with a child-service organization to support the after—schooI progra
m,
and
ensuring that the program has qualified educators on staff or serving as volunteers.
Fostering partnerships with the Beaches cities,the City of Jacksonville,and the State ofFlorida
.
INFRASTRUCTURE 3:.STCIRIVIVVIKTER IVIANAGEIVIENT
Address critical current and future needs via:
Administering the City's 10-year capital improvement plan.
Expio g options for compliance with Senate Bill 64,which requires the City to elimin
ate
surface
water discharge of treated effluent by 2032.
Administering the stormwater master plan.
Reviewing stormwater management codes pertaining to impervious surface and reten
tion
swale
requirements.
RESILIENCE 8:ENVIRCDNIVIENTAL LEADERSHIP
Validate COAB’s commitment to resiliency.sustainability and the environment via:
Updating the City's vulnerability assessment and implementing the City's adaptation pl
an
.
Reducing residential water consumption by 15%and residential and Cit energy cons
ump
tion
in
_by 10%,by Dec.51,2023.
Adopting an integrative pest management plan for the City,and voluntary guidelines fortheprivate
sector.
Utilizing tree canopy assessment data to create actions to further protect and enhance thecanopy.
TRAFFIC SAFETV &PARKING IVIANAGEIVIENT
Improve safety,connectivity and quality of life via:
Conducting a comprehensive beach»access parking and mo
Exploring the prospect of forming a citizens committee to review beach—access parkin
g
andmobility
issues,and provide recommendations to the City Commission.
identifying new opportunities to improve bike—,e»bike—,and pedestrian safety,and
strategies,accordingly.
Conducting an analysis to determine whether a roundabout at the "Five—Wav"would beaviable
and cost—effective traffic management tool.Agenda Item #8.A.13 Mar 2023Page 84 of 120
COMMUNITY DEVELOPMENT
Enhance community corridors,connectivity and parks via:
I Administering the Mayport Road Vision Implementation Plan,Connectivity Plan and Parks Master
Plan.
I Developing a Seminole Road gateway-improvement plan.
CITYFACILITIES
Improve residents’and visitors’enjoyment of City facilities via:
I Upgrading the GullifordHallstage at Adele Grage Cultural Center.
I Enhancing youth baseball,pickleball,tennis and racquetball facilities.Agenda Item #8.A.13 Mar 2023Page 85 of 120
Page 86 of 120
ITY OF ATLANTIC BEACH
CITY COMMISSION IVIEETING
STAFF REP()RT
A(:EN])A ITENI:()rcIirlance No.25-23-45.Flood Hazard /\reas
SUBIVIITTED BY:Amanda Askew.Director or Planning and Community D
ev
el
op
m
en
t
(/\(/\
TODAY’S DATE:February 23,2023
MEETING DATE:l\/larch 13,2023
BACKGROUND:The purpose or the city‘s floodplain ordinance is to protec
t
publichealth
and safety and to minimize public and private Io ses due to Flooding through t rcgula
iion
or
developlrlent in ?ood hazard areas.Further,the ordinance is required for the city to inthe
FEIVIA National Flood lnsurance Prograln (Nmp)which provides ?ood insurance to owners.
renters and businesses.Without the ordinance,federal flood insurance would not be avai
labl
e.The Nrlp Coinrnunity Rating system (CRS)is a voluntary incentive prograln that prov
ides
discounte
dfloodinsuranceprerniurnrateswithincitiesthatexceedtheminin-u.lrn NFIP by
irnplelnenting “higher”(stricter)standards.AIlaI‘lliC Beach is one of over l,SOO c
o
n
n
n
u
n
i
t
i
e
s
that
participate in the CRS.In 2020,Atlantic Beach increased its rating froln a Class 7 to a Cla
ss
6corntnuni
tyresultinginaprelniumdiscountof2()“/r.for property owners,renters and businesses.
The Florida Division of Ernergency lvlanageinent (FDEIVI)serves as the State Coordinatin
g
Agencyof
the NFIP to work with rnunicipalitics to adn?nisler and update ?oodplain ordinances.Asaresultof
changes to CRS standards,FEIVIA policy,and the Florida Building Code (FBC),stalT withthe
FDEl\/I to amend the ci y’s noodplain ordinance to incorporate these changes.Such chan
ges
include:
-Relaxed regulations for accessory structures based on FEIVIA policy
o Require certain FEI\/IA forlns to be subniitled in accordance with CRS standards
0 Require manufactured honxes to meet the same elevation standards as other IIOITI
CS
In addition,in accordance with FDEIVI and FEIVIA recomrnendations.amendrnents adop
t
"higher
standards"that exceed lninilnurn NFIP rcquirernents are proposed.Such changes include:
a Prohibit use ofstern walls when subject to wave heights between 1.5 and 3 feet
-Prohibit use of fill to elevate holnes within flood hazard areas
BUDGET:None
RECOMMENDATION:Corntnission review and vote on Ordinance No.25~23~45
ATTACI-ll\’lENT(S):1)C)rdinancc No.25-23-45
2)Exhibit A —Chapter 8 Flood Hazard Areas (redline versi
on)
.p@a,9-REVIEVVED BY CITY IWANACER:Agenda Item #9.A.13 Mar 2023Page 87 of 120
ORDINANCE NO.25-23-45
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH AMENDING THE CODE OF ORDINANCES,
CHAPTER 8 FLOOD HAZARD AREAS,TO SPECIFY ELEVATION
OF MANUFACTURED HOMES;APPLY COASTAL HIGH HAZARD
AREA (ZONE V)REQUIREMENTS IN AREAS DESIGNATED
COASTAL A ZONES TO INCREASE RESILIENCY;TO CLARIFY
PREVIOUSLY ADOPTED BUILDING ELEVATIONS;TO REQUIRE
DECLARATIONS OF LAND RESTRICTIONS (NON-CONVERSION
AGREEMENTS)FOR CERTAIN ENCLOSURES UNDER
ELEVATED BUILDINGS;TO SPECIFY USE OF FEMA
CERTIFICATION FORMS;AND TO PROVIDE CRITERIA FOR
ACCESSORY STRUCTURES IN FLOOD HAZARD AREAS;TO
DESIGNATE THE COMMUNITY DEVELOPMENT BOARD AS THE
AUTHORITY TO CONSIDER CERTAIN VARIANCES AND
APPEALS INVOLVING FLOOD HAZARD AREA RELATED
APPLICATIONS;PROVIDING FOR APPLICABILITY AND
SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the Legislature of the State of Florida has,in Chapter 166 —Municipalities,
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,the City of Atlantic Beach participates in the National Flood Insurance
Program (“NFIP”)and participates in the NFIP’s Community Rating System,a voluntary incentive
program that recognizes and encourages community ?oodplain management activities that exceed
the minimum program requirements;and
WHEREAS,the City of Atlantic Beach achieved a CRS rating of Class 6,making citizens
who purchase NFIP ?ood insurance policies eligible for premium discounts;and
prerequisites for communities to qualify for or maintain class ratings of Class 8 or better;andWHEREAS,to satisfy the NFIP prerequisites and for City of Atlantic Beach to maintainthecurrentCRSrating,all manufactured homes installed or replaced in special ?ood hazard areasmustbeelevatedsuchthatthelowest?oors are at or above at least the base ?ood elevation plus 1foot,which necessitates modi?cation of the existing requirements;and Agenda Item #9.A.13 Mar 2023Page 88 of 120
WHEREAS,the City Commission has determined that it is in the public interest to amend
the ?oodplain management regulations to better protect owners and occupants of manufactured
homes and to continue participating in the Community Rating System at the current class rating;
and
WHEREAS,the Federal Emergency Management Agency released FEMA Policy #104-
008-03 Floodplain Management Requirements for Agricultural Structures and Accessory
Structures;and
WHEREAS,the City Commission has determined it appropriate to adopt regulations that
are consistent with the FEMA Policy to allow issuance of permits for at—gradewet ?oodproofed
accessory structures that are not larger than the sizes speci?ed in the FEMA Policy;and
WHEREAS,Chapter 553,Florida Statutes,allows for local administrative and technical
amendments to the Florida Building Code that provide for more stringent requirements than those
speci?ed in the Florida Building Code and allows adoption of local administrative and local
technical amendments to the Florida Building Code to implement the National Flood Insurance
Program and incentives;and
WHEREAS,the City Commission is adopting requirements to apply coastal high hazard
area requirements to buildings and structures in Coastal A Zones,to clarify previously adopted
building elevations,to require declarations of land restriction (non-conversion agreements)for
certain enclosures under elevated buildings,and to specify use of FEMA certi?cation forms,for
buildings and structures in ?ood hazard areas for the purpose of participating in the National Flood
Insurance Program’s Community Rating System and,pursuant to Section 553.73(5),F.S.,is
formatting that requirement to coordinate with the Florida Building Code;and
WHEREAS,the City Commission 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 identi?ed,do not
discriminate against materials,products or construction techniques of demonstrated capabilities,
are in compliancewith Section 553.73(4),Florida Statutes.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1.AMENDMENTS.This ordinance speci?cally amends the City of Atlantic Beach Code of Ordinance,Chapter 8,Flood Hazard Areas,as set forth in “Exhibit A”attached to this ordinance and incorporated herein,as shown in strikethrough and underline format.Agenda Item #9.A.13 Mar 2023Page 89 of 120
SECTION 2.CONFLICT.
All ordinances,resolutions,of?cial determinations or parts thereof previously adopted by the City
or any of its of?cial and in con?ict with this Ordinance are repealed to the extent inconsistent
herewith.
SECTION 3.FISCAL IMPACT STATEMENT.
The cost impact to the design,plan application review,construction and inspection of buildings
and structures in regard to the terms of the proposed Code of Ordinance revisions and related
technical amendments set forth herein,as an overall average,is negligible because all development
has been subject to the requirements of the local ?oodplain management ordinance adopted for
participation in the National Flood Insurance Program.Therefore,in terms of lower potential for
?ood damage,there will be continued savings and bene?ts to consumers.
SECTION 4.APPLICABILITY.
This ordinance shall apply within the jurisdictional boundary limits of the City of Atlantic Beach.
This ordinance shall apply to all applications for accessory structures in special ?ood hazard areas
submitted on or after the effective date of this ordinance.
SECTION 5.INCONSISTENT AND CONFLICTING LAWS SUPERSEDED.
Any inconsistent or con?icting Code of Ordinance provision or other rule,and any previous
versions thereof,related to any of the provisions set forth in the proposed Code of Ordinance
revisions and related technical amendments set forth herein,are hereby superseded to the extent
of such con?icts and the terms of the proposed Code of Ordinance revisions and technical
amendments set forth herein shall prevail.
SECTION 6.INCLUSION INTO THE CODE OF ORDINANCES.
It is the intent of the City Commission that the provisions of this ordinance shall become and be
made a part of the City of Atlantic Beach’s Code of Ordinances,and that the sections of this
ordinance may be renumbered or re-lettered 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 7.SEVERABILITY.
If any section,subsection,sentence,clause or phrase of this ordinance is,for any reason,declared
ordinance as a whole,or any part thereof,other than the part so declared.SECTION 8.EFFECTIVE DATE.This ordinance shall take effect immediately upon its final passage and adoption.Passed by the City Commission on first reading this __day of ,2023.Agenda Item #9.A.13 Mar 2023Page 90 of 120
Passed by the City Commission on second and ?nal reading on this day of ,2023.
CITY OF ATLANTIC BEACH
Curtis Ford,Mayor
Attest:
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Jason R.Gabriel,City Attorney
Agenda Item #9.A.13 Mar 2023Page 91 of 120
Exhibit A
Chapter 8 FLOOD HAZARDAREAS1
ARTICLEI.ADMINISTRATION
DIVISION1.GENERAL--APPLICAB/L/TY—DUTlESAND POWERS OF THE
FLOODPLA/NADMINISTRATOR—PERM/TS—S/TEPLANSAND CONSTRUCTION
DOCUMENTS—/NSPECT/ONS-—VAR/ANCESAND APPEALS—V/OLAT/ONS
Subdivision I.In General
Sec.8-1.[Title.]
These regulations shall be known as the floodplain management ordinance of the City of Atlantic Beach,
hereinafter referred to as "this chapter."
(Ord.No.25-1343,§2,4-8-13)
Sec.8-2.Scope.
The provisions of this chapter shall apply to all development that is wholly within or partially within any flood
hazard area,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.
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-3.Intent.
The purposes of this chapter and the flood load and flood resistant construction requirements of the Florida
Building Code are to establish minimum requirements to safeguard the public health,safety,and general welfare
and to minimize public and private losses due to flooding through regulation of development in flood hazard areas
to:
‘Editor's note(s)—Section 2 of Ord.No.25-13-43,adopted April 8,2013,repealed the former Ch.8,§§8—1—8—12,8-21——8-25,8—31—8—35,and enacted a new Ch.8 as set out herein.The former Ch.8 pertained to similarsubjectmatterandderivedfromOrd.No.25-11-42,§1,adopted Oct.10,2011.Cross reference(s)—Buildings and building regulations,Ch.6;mobile homes,Ch.10;planning/zoning/appeals,Ch.14;zoning and subdivision regulations,Ch.24.State law reference(s)—Water resources,F.S.Ch.373.Agenda Item #9.A.13 Mar 2023Page 92 of 120
(1 Minimize unnecessary disruption of commerce,access and public service during times of flooding;
(2 Require the use of appropriate construction practices in order to prevent or minimize future flood
damage;
(3 Manage filling,grading,dredging,mining,paving,excavation,drilling operations,storage of equipment
or materials,and other development which may increase flood damage or erosion potential;
(4 Manage the alteration of flood hazard areas,watercourses,and shorelines to minimize the impact of
development on the natural and beneficial functions of the floodplain;
(5 Minimize damage to public and private facilities and utilities;
(6 Help maintain a stable tax base by providing for the sound use and development of flood hazard areas;
(7 Minimize the need for future expenditure of public funds for flood control projects and response to
and recovery from flood events;and
(8 Meet the requirements of the National Flood Insurance Program for community participation as set
forth in the Title 44 Code of Federal Regulations,Section 59.22.
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-4.Coordination with the Florida Building Code.
This chapter is intended to be administered and enforced in conjunction with the Florida Building Code.
Where cited,ASCE24 refers to the edition of the standard that is referenced by the Florida Building Code.
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-5.Warning.
The degree of flood protection required by this chapter and the Florida Building Code,as amended by this
community,is considered the minimum reasonable for regulatory purposes and is based on scientific and
engineering considerations.Larger floods can and will occur.Flood heights may be increased by manmade or
natural causes.This chapter does not imply that land outside of mapped special flood hazard areas,or that uses
permitted within such flood hazard areas,will be free from flooding or flood damage.The flood hazard areas and
base flood elevations contained in the flood insurance study and shown on flood insurance rate maps and the
requirements of Title 44 Code of Federal Regulations,Sections 59 and 60 may be revised by the Federal Emergency
Management Agency,requiring this community to revise these regulations to remain eligible for participation in
the National Flood insurance Program.No guaranty of vested use,existing use,or future use is implied or
expressed by compliance with this chapter.
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-6.Disclaimer of liability.
any officer or employee thereof for any flood damage that results from reliance on this chapter or anyadministrativedecisionlawfullymadethereunder.(Ord.No.25-13-43,§2,4-8-13)Subdivision ll.Applicability Agenda Item #9.A.13 Mar 2023Page 93 of 120
Sec.8-7.General.
Where there is a conflict between a general requirement and a specific requirement,the specific
requirement shall be applicable.
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-8.Areas to which this chapter applies.
This chapter shall apply to all flood hazard areas within the City of Atlantic Beach,as established in section 8-
9 of this chapter.
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-9.Basis for establishing flood hazard areas.
The flood insurance study for Duval County,Florida and incorporated areas with an effective date of
November 2,2018,and all subsequent amendments and revisions,and the accompanying flood insurance rate
maps (FIRM),and all subsequent amendments and revisions to such maps,are adopted by reference as a part of
this chapter and shall serve as the minimum basis for establishing flood hazard areas.Studies and maps that
establish flood hazard areas are on file at the City of Atlantic Beach Building Department,800 Seminole Road,
Atlantic Beach,Florida.
(Ord.No.25-13-43,§2,4-8-13;Ord.No.25-18-44,§2,7-9-18)
Sec.8-10.Submission of additional data to establish flood hazard areas.
To establish flood hazard areas and base flood elevations,pursuant to sections 8-30 through 8-33 ofthis
chapter,the floodplain administrator may require submission of additional data.Where field surveyed topography
prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates
that ground elevations:
(1)Are below the closest applicable base flood elevation,even in areas not delineated as a special flood
hazard area on a FlRM,the area shall be considered as flood hazard area and subject to the
requirements of this chapter and,as applicable,the requirements ofthe Florida Building Code.
(2)Are above the closest applicable base flood elevation,the area shall be regulated as special flood
hazard area unless the applicant obtains a letter of map change that removes the area from the special
flood hazard area.
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-11.Other laws.
The provisions this chapter not to any state(Ord.No.25-13-43,§2,4-8-13)Sec.8-12.Abrogation and greater restrictions.This chapter supersedes any ordinance in effect for management of development in flood hazard areas.However,it is not intended to repeal or abrogate any existing ordinances including but not limited to landdevelopmentregulations,zoning ordinances,stormwater management regulations,or the Florida Building Code Agenda Item #9.A.13 Mar 2023Page 94 of 120
the event of a conflict between this chapter and any other ordinance,the more restrictive shall govern
.
This
chapter shall not Irnpalr any deed restriction,covenant or easement,but any land that ls subject to interests
shall also be governed by this chapter.
(ord.No.25-13-a3,§2,4:-3-13)
Sec.3-13.lnterp retation.
In the interpretation and application of this chapter,all provisions shall be:
(1)Considered as minimum requirements;
(2)Liberally construed in favclr oi the governing body;and
(3)Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord.No.25-13-43,§2,4-8-13)
Subdivi on ll Duties and Powers of the Floodplain Adrni
Sec.8-14.Designation.
The city manager or his or her designee ls designated as the floodpla
inadministrator.The floodplain administrator may delegate performance of certain duties to other em
plo
yee
s.
(ord.No.25-13-43,§2,4-8-13)
Sec.8-15.General.
The floodplain administrator is authorized and directed to administer and enforce the provisions ofthi
schapter.The floodplain administrator shall have the authority to render lriterpretations of this chapter consi
stentwiththeintentandpurposeorthischapterandmayestablishpoliciesandproceduresinordertocla
rify
the
application oflts provisions.Such interpretations,pnllcies,and procedures shall not have the effect waiv
ingrequirementsspecllcallyprovidedinthischapterwithoutthegrantingoravariancepursuanttosecti
ons
8-38
through 3-45 or this chapter.
(ord.No.25-13-43,§2,4-8-13)
Sec.8-16.Applications and permits.
The floodplain administrator,in coordination with other pertinent offices of the community.s
h
al
l:
(1)Review applica lCIl'1S and plans to determine whether proposed new development will be l
o
c
at
e
d
in
flood hazard areas;
(2)Review applications for modification of any existing development in flood hazard areas f
c
i
r
com
plia
ncewiththerequirementsofthischapter;
(3)interpret flood hazard area boundaries where such interpretation is necessary to determine theexact
location of boundaries;a person contesting the determination shall have the opportunity toappealthe
interpretation;
(4)Provide available flood elevation and flood hazard information;
(5)Determine whether additional flood hazard data shall be obtained from other sources or s
h
al
l
be
developed by an applicant;Agenda Item #9.A.13 Mar 2023Page 95 of 120
(6)Review applications to determine whether proposed development will be reasonably safe from
flooding;
(7)Issue floodplain development permits or approvals for development other than buildings and
structures that are subject to the Florida Building Code,including buildings,structures and facilities
exempt from the Florida Building Code,when compliance with this chapter is demonstrated,or
disapprove the same in the event of noncompliance;and
(8)Coordinate with and provide comments to the building official to assure that applications,plan
reviews,and inspections for buildings and structures in flood hazard areas comply with the applicable
provisions ofthis chapter.
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-17.Substantial improvement and substantial damage determinations.
For applications for building permits to improve buildings and structures,including alterations,movement,
enlargement,replacement,repair,change of occupancy,additions,rehabilitations,renovations,substantial
improvements,repairs of substantial damage,and any other improvement of or work on such buildings and
structures,the floodplain administrator,in coordination with the building official,shall:
(1)Estimate the market value,or require the applicant to obtain an appraisal ofthe market value prepared
by a qualified independent appraiser,of the building or structure before the start of construction ofthe
proposed work;in the case of repair,the market value ofthe building or structure shall be the market
value before the damage occurred and before any repairs are made;
(2)Compare the cost to perform the improvement,the cost to repair a damaged building to its pre-
damaged condition,or the combined costs of improvements and repairs,if applicable,to the market
value of the building or structure;
(3)Determine and document whether the proposed work constitutes substantial improvement or repair
of substantial damage;and
(4)Notify the applicant if it is determined that the work constitutes substantial improvement or repair of
substantial damage and that compliance with the flood resistant construction requirements ofthe
Florida Building Code and this chapter is required.
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-18.Modifications of the strict application of the requirements of the Florida Building
Code.
The floodplain administrator shall review requests submitted to the building official that seek approval to
modify the strict application of the flood load and flood resistant construction requirements of the Florida Building
Code to determine whether such requests require the granting of a variance pursuant to sections 8-38 through 8-
(Ord.No.25-13-43,§2,4-8-13)Sec.8-19.Notices and orders.The floodplain administrator shall coordinate with appropriate local agencies for the issuance of all necessarynoticesororderstoensurecompliancewiththischapter.(Ord.No.25-13-43,§2,4-8-13)Agenda Item #9.A.13 Mar 2023Page 96 of 120
Sec.8-20.inspections.
The floodplain administrator shall make the required inspections as specified in sections 8-34 through 8-37 of
this chapter for development that is not subject to the Florida Building Code,including buildings,structures and
facilities exempt from the Florida Building Code.The floodplain administrator shall inspect flood hazard areas to
determine if development is undertaken without issuance of a permit.
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-21.Other duties of the floodplain administrator.
The floodplain administrator shall have other duties,including but not limited to:
(1)Establish,in coordination with the building official,procedures for administering and documenting
determinations of substantial improvement and substantial damage made pursuant to section 8-17 of
this chapter;
(2)Require that applicants proposing alteration of a watercourse notify adjacent communities and the
Florida Division of Emergency Management,State Floodplain Management Office,and submit copies of
such notifications to the Federal Emergency Management Agency (FEMA);
(3)Require applicants who submit hydrologic and hydraulic engineering analyses to support permit
applications to submit to FEMA the data and information necessary to maintain the flood insurance
rate maps if the analyses propose to change base flood elevations,flood hazard area boundaries,or
floodway designations;such submissions shall be made within six (6)months of such data becoming
available;
(4)Review required design certifications and documentation of elevations specified by this chapter and
the Florida Building Code and this chapter to determine that such certifications and documentations
are complete;
(5)Notify the Federal Emergency Management Agency when the corporate boundaries of the City of
Atlantic Beach are modified;and
(6)Advise applicants for new buildings and structures,including substantial improvements,that are
located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier
Resources Act (Pub.L.97-348)and the Coastal Barrier lmprovement Act of 1990 (Pub.L.101-591)that
federal flood insurance is not available on such construction;areas subject to this limitation are
identified on flood insurance rate maps as "coastal barrier resource system areas"and "otherwise
protected areas."
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-22.Floodplain management records.
necessary for the administration of this chapter and the flood resistant construction requirements of the FloridaBuildingCode,including flood insurance rate maps;letters of change;records of issuance of permits and denial ofpermits;determinations of whether proposed work constitutes substantial improvement or repair of substantialdamage;required design certifications and documentation of elevations specified by the Florida Building Code andthischapter;notifications to adjacent communities,FEMA,and the state related to alterations of watercourses;assurances that the flood carrying capacity of altered watercourses will be maintained;documentation related toappealsandvariances,includingjustification for issuance or denial;and records of enforcement actions takenpursuanttothischapterandthefloodresistantconstructionrequirementsoftheFloridaBuildingCode.These Agenda Item #9.A.13 Mar 2023Page 97 of 120
records shall be available for public inspection at City of Atlantic Beach Building Department 800 Seminole Road
Atlantic Beach,Florida.
(Ord.No.25-13-43,§2,4-8-13)
Subdivision IV.Permits
Sec.8-23.Permits required.
Any owner or owner's authorized agent (hereinafter ''applicant'')who intends to undertake any development
activity within the scope of this chapter,including buildings,structures and facilities exempt from the Florida
Building Code,which is wholly within or partially within any flood hazard area shall first make application to the
floodplain administrator,and the building official ifappllcable,and shall obtain the required permit(s)and
approva|(s).No such permit or approval shall be issued until compliance with the requirements ofthis chapter and
all other applicable codes and regulations has been satisfied.
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-24.Floodplain development permits or approvals.
Floodplain development permits or approvals shall be issued pursuant to this chapter for any development
activities not subject to the requirements ofthe Florida Building Code,including buildings,structures and facilities
exempt from the Florida Building Code.Depending on the nature and extent of proposed development that
includes a building or structure,the floodplain administrator may determine that a floodplain development permit
or approval is required in addition to a building permit.
(Ord.No.25-13-43,§2,4-8-13)
Sec.8—24.1.Buildings,structures and facilities exempt from the Florida Building Code.
Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program
(44 C.F.R.Sections 59 and 60),floodplain development permits or approvals shall be required for the following
buildings,structures and facilities that are exempt from the Florida Building Code and any further exemptions
provided by law,which are subject to the requirements of this chapter;
(1)Railroads and ancillary facilities associated with the railroad.
(2)Nonresidential farm buildings on farms,as provided in F.S.§604.50.
(3)Temporary buildings or sheds used exclusively for construction purposes.
(4)Mobile or modular structures used as temporary offices.
(5)Those structures or facilities of electric utilities,as defined in F.S.§366.02,which are directly involved
(6)Chickees constructed by the Miccosukee Tribe of or the Asusedinthisparagraph,the term "chickee"means an open—sidedwooden hut that has a thatched roofofpalmorpalmettoorothertraditionalmaterials,and that does not incorporate any electrical,plumbing,or other non-wood features.(7)Family mausoleums not exceeding two hundred fifty (250)square feet in area which are prefabricatedandassembledonsiteorpreassembledanddeliveredonsiteandhavewalls,roofs,and a floorconstructedofgranite,marble,or reinforced concrete.Agenda Item #9.A.13 Mar 2023Page 98 of 120
ls)Temporary housing provided by the Department of corrections to any prisoner in the stat
e
corre
ction
alsystem.
(9)Structures identified in F.$.§5S3.73(10)(l<),are not exempt from the Florida Building code ifsuch
structures are located In flood hazard areas established on flood insurance rate maps.
(orci.No.251343,§2,4—8-13)
Sec.8-25.Application for a permit or approval.
To obtain a floodplain development permit or approval the applicant shall first file an application inwriting
on a Form furnished by the CDI'1'll'V1|JI’IllYi.r"1Eil'1F()'I'TIE‘l(3I'I provided shall:
(1)Identify and describe the development to be covered by the permit or approval.
(2)Describe the land on whlch the proposed development is to be conducted by legal descripti
on,
street
address or similar description that will readily Identify and definitively locate the site.
(3)indicate the use and occupancy for which the proposed development is intended.
(4)Be accompanied by a site plan or construction documents as specified in sections set)thr
ou
gh
8-33of
this chapter.
(5)state the valuation of the proposed work.
(6)ea signed by the applicant or the applicant's authorized agent.
(7)Give such other data and Information as required by the floodplain administrator.
(8)Include for prolects proposing to enclose areas under elevated buildings a signed Declaratio
n
ofLand
Restriction (Non-conversion Agreement!’the agreement shall be recorded in the official Records
or Duval Count prior to issuance of the Certificate of occupancy.
(ord.No.2543-43,§2,4-8-13;Ord.No.25—18—44,§2,7—9—18)
Sec.8»26.Validity of permit or approval.
The issuance of a floodplain development permit or approvai pursuant to this chapter shall not b
e
constr
uedtobeapermitfor,or approval or,any violation of this chapter.the Florida Building Codes,or any othe
r
ordin
anceofthiscommunity.The issuance of permits based on submitted applications,construction documents.and
information shall not prevent the floodplain administrator from requiring the correction of errors and om
issi
ons
.
(Ord.No.25~13—43,§2,4—8—13)
Sec.8-27.Expi ratl on .
A floodplain development permit or approval shall become Invalid unless the work authorized suchpermit
Is commenced within one hundred eighty (150)days after Its issuance,or If the work authorized is su
sp
en
de
d
or
abandoned for a period or one hundred eighty (180)days after the work commences.Extensions for ofnot
more than one hundred eighty (130)days each shall be requested in writing and just ble cause shall be
demonstrated.
(Ord.No.254343,§2,4—8—13)Agenda Item #9.A.13 Mar 2023Page 99 of 120
Sec.8-28.Suspension or revocation.
The floodplain administrator is authorized to suspend or revoke a floodplain development perm
it
orapproval
if the permit was issued in error,on the basis ofincorrect,lnaccurate or incomplete Information,or viol
atio
n
of
this chapter or any other ordinance,regulation or requirement of this community.
(ord.No.25-1343,§2,4—8—13)
Sec.8-29.other permits required.
Floodplain development permits and building permits shall Include a condition that all other a
p
pl
ic
a
bl
e
state
or federal permits be obtained before commencement ofthe permitted development,including but n
o
t
limitedto
the following:
(1)
(2)
(3)
(4)
(5)
(6)
The st.Johns River water Management District;F.S.§373.036.
Florida Department of Health for onslte sewage treatment and disposal systems;F.s.§3
8
1.
0
0
5
5,
and
Chapter 64E—6,F.A.C.
Florida Department of Environmental Protection for construction,reconstruction,changes,orphysical
activities for shore protection or other activities seaward of the coastal construction contr
ol
line;F.s.§
161.141.
Florida Department of Environmental Protection for activities subject to the Joint coastal Pe
r
m
it;
F.S.§
161.055.
Florida Department of Environmental Protection for activities that affect wetlands and al
te
r
surlac
ewaterflows,In conjunction with the U.S.Army Corps of Engineers;section 404 of the Cle
an
waterAct.
Federal permits and approvals.
(Ord.No.25—13~43,§2,4-8-13)
Subdivision V.Site Plans and Construction Documents
Sec.8-30.Information for development In flood hazard areas.
The site plan or construction documents for any development subject to the requirements of t chapt
ershallbedrawntoscaleandshallinclude,as applicable to the proposed development:
(1)
(2)
(3)
(4)
(5)
Delineation of flood hazard areas,floodway boundaries and flood zoneis),base ?ood eIeva
tlon
(s),
and
ground elevations if necessary for review of the proposed development.
where base flood elevations,or floodway data are not included on the FIRNI or in the flo
od
Insur
ancestudy,they shall be established in accordance with subsection s—31(2)or 3-32(3)of this c
Where the parcel on which the proposed development will take place will have more than fifty(50)lots
or is larger than five (5)acres and the base flood elevations are not Included on the FIRNI orInthe
flood lnsurance study,such elevations shall be established in accordance with subsection 8
~
3
1
(1
)
of
this chapter.
Location of the proposed activity and proposed structures,and locations of exis ing buildin
gs
and
structures;in coastal high hazard areas and Coastal A Zones new buildings shall be located land
ward
of
the reach of mean high tide.
Location,extent,amount,and proposed flnal grades of any Filling,grading,or excavation.Agenda Item #9.A.13 Mar 2023Page 100 of 120
(6)where the placement of fill is proposed,the amount,type,and source of fill material;co
mp
act
ion
specifications;a description of the intended purpose of the fill areas;and evidence that propo
sedfillareasaretheminimumnecessarytoachievetheintendedpurpose.
(7)Delineation of the Coastal Construction Control Line or notation that the site is seaward thecoastal
construction control line,irappllcaole
(8)Extent of any proposed alteration of sand dunes or mangrove stands,provided such altera
tion
is
approved by the Florida Department of Environmental Protection.
(9)Existing and proposed alignment of any proposed alteration of a watercourse.
The floodplain adrnirlistrator is authorized to waive the submission of site plans,construction
and other data that are required cy this chapter but that are not required to be prepared by a registere
d
design
professional if It is found that the nature of the proposed development is such that the review of suc
h
sub
mis
sion
s
is not necessary to ascertain compliance with this chapter.
(Ord.No.25—13—a3,§2,44843)
Sec.8-31.information In flood hazard areas without base flood elevations (
approximat
e
zone
A).
Where flood hazard areas are delineated on the FIRIVI and base flood elevation data have not provided
,the floodplain administrator shall:
(1)Require the applicant to include base flood elevation data prepared in accordance with
accepted engineering practices;
(2)Obtain,review,and provide to applicants base flood elevation and fioodway data available frorna
rederai or state agency or other source or require the applicant to obtain and use base fi
ci
c
d
elevatio
nandfloodwaydataavailablerromafederalorstateagencyorothersource;
(3)Where base flood elevation and floodway data are not available from another source,wh
ere
the
available data are deemed by the floodplain administrator to not reasonable reflect floodin
gconditions,or where the available data are known to be scientifically or technically incorrec
t
or
otherwise Inadequate:
a.Require the app icant to develop base flood elevation data prepared in accordance currently
accepted engineering practices;or
b.Specify that the base flood elevation ls two 2 feel:above t
h
e
high
estadjacentgradeatthelocationofthedevelopment,provided there is no evidence i flood
depths have been or may be greater than—ieie4=end4aee—i=»eJf—(-aes)two (21 feet.
(4)\IVhere the base flood elevation data are to be used to support a letter of rnap Change fro
m
FEi\/
IA,advise the applicant that the analyses shall be prepared by a Florida licensed engineer in afor
matrequiredbyFEIVIA,and that it shall be the responsibility of the applicant to satisfy the sub
rrlit
talrequirementsandpaytheprocessingfees.
(Ord.No.25~13-43,§2,4-3-13)
Sec.8-32.Addi
As applicable to the location and nature of the proposed development activity.and in addition t
o
the
requirements or this section,the applicant shall have the roiiowing analyses signed and sealed by a licensed
engineer for submission with the site plan and construction documents:
ionai analyses and certifications.Agenda Item #9.A.13 Mar 2023Page 101 of 120
(1)For development activities proposed to be located in a regulatory floodwav,a floodwav
analysis that demonstrates that the encroachment of the proposed development will not ca
us
e
any
increase in base flood elevations;where the applicant proposes to undertake development activit
iesthatdoincreasebasefloodelevations,the applicant shall submit such analysis to FEIVIA spec
ified
in
section 8-33 of this chapter and shall submit the conditional letter of map revision,lrlssued byFER/IA,
with the site plan and construction documents.
(2)For development activities proposed to he located in a rlverine flood hazard area for whic
h
baseflood
elevations are included in the Flood insurance study or on the FIRIVI and floodwavs have been
designated,hydrologlc and hydraulic analyses that demonstrates that the cumulative effe
ct
ofthe
proposed development,when combined with all other existing and anticipated flood hala
rd
area
encroachrnents,will not increase the base flood elevation more than one (1)foot at 3l'lY within
the community.This requirement does not apply in isolated flood hazard areas not connect
ed
toa
rlverlne flood hazard area or in flood hazard areas identified as zone A0 or zone AH.
(3)Far alteration of a watercourse,an engineering analysis prepared in accordance with stan
dardengineeringpracticeswhichdemonstratesthatthefIood—carrying capacity of the altered o
r
reloca
tedportionofthewatercoursewillnotbedecreased,and car ication that the altered watercou
rse
shall
be maintained in a manner which preserves the channel's floodrcarrylng capacity;the app
lica
nt
shall
submit the analysis to FEIVIA as specified In section 8-33 of this chapter.
(4)For activities that propose to alter sand dunes or mangrove stands in coastal high hazard a
r
e
a
s
(zonev)
and coastal A zones,an engineering analysis that demonstrates that the proposed alteratio
n
willnot
increase the potential for flood damage.
(Ord.No.25-13-43,§2,4—8—13)
Sec.8-33.Submission of additional data.
when additional hydrologic,hydraulic or other engineering data,studies,and additional analyses are
submitted to support an application,the applicant has the right to seek a letter of map change from to
change the base flood elevations,change floodway boundaries,or change boundaries of flood hazard are
as
shown
on FlRlV|s,and to submit such data to FENIA for such purposes.The analyses shall be prepared by a licensed
engineer in a format required by FEMA.Submlttal requirements and processing fees shall be the resp
onsi
bility
of
the applicant.
(ord.No.25—13—43,§2,4-843)
Subdivision V .Inspections
Sec.8-34.General.
Development for which a floodplain development permit or approval ls required shall be subject to
Inspection.
(ord.No.2s»13-43,§2,4-8-13)
Sec.8-34.1.Development other than buildings and structures.
The floodplain administrator shall inspect all development tcl determine compliance with the r
e
q
u
i
r
e
of this chapter and the conditions of issued floodplain development permits or approvals.
(ord.No.25—13—43,§2,4—8—13)Agenda Item #9.A.13 Mar 2023Page 102 of 120
Sec.8—34.2.Buildings,structures and facilities exempt from the Florida Building C
od
e.The floodplain administrator shall Inspect buildings,structures and facilities exempt from the Building
Code to determine compliance with the requirements of this chapter and the conditions of issued fl
oo
dp
lai
n
development permits or approvals.
(Ord.No.25-13-43,§2.4-8-13)
sec.8-35.Same,lowest floor inspection.
Upon placement of the lowest floor,including basement,and prior to further vertical construction,the
owner of a building,structure or facility exempt from the Florida Building Code,or the owner's authori
zed
agent.
shall submit to the floodplain administrator:
(1)If a design flood elevation was used to determine the required elevation of the lowest flo
or,
the
certification or elevation of the lowest floor prepared and sealed by a Florida licensed pr
ofe
ssi
on
al
surveyor;or
(2)Ifthe elevation used to determine the required elevation of the lowest floor was determined in
accordance with subsection 8-31(3)(b)of this chapter,the documentation of height of th
e
low
est
floor
above highest adjacent grade,prepared by the owner or the owner's authorized agent.
(ord.No.25-1:-1-43,§2,4-8-13)
Sec.8-36.Same,final inspection.
As part of the final inspection,the owner ar owner's authorized agent shall submit to the floodpl
ainadministratorongFEIVIAElevationCertificateafinalcerti?cation of elevation of the lowest floor or fi
n
aldocumentationoftheheightofthelowestfloorabovethehighestadjacentgrade;such certifications an
ddocurnerltationsshallbepreparedasspecifiedinsection8~35 of this chapter.
(ord.No.25-13-43,§2,4-8-13)
Sec.8-37.Manufactured homes.
The building official shall Inspect manufactured homes that are installed or replaced in flood h
a
z
a
r
d
areasto
determine compliance with the requirements of this chapter and the conditions ofthe issued permit.Up
onplacementclfamanufacturedhome,certification of the elevation of the lowest floor shall be submitted tothe
building official on a FEiViA Elevation Certificate.
(Ord.No.25-13-43,§2,4-8-13)
Subdivision VII.Variances and Appeals
Sec.8-38.General.
Th Cog3rl\I.lnity develogment board shall hear and decide on requests for appe
als
and
requests for variances from the strict application of this chapter.Pursuant to Rs.§5s3.73(5),the-e‘tt-
yea»-
mnisssencomrn,nit);develcipn-lent board shall hear and decide on requests for appeals and requests for va fromthe
strict application of the flood resistant construction requirements of the Florida Building code.Th s does
not apply to Section 3109 of the Florida Building Code,Building.Agenda Item #9.A.13 Mar 2023Page 103 of 120
(ord.No.25-13-43,§2,4-8-13)
sec.8-39.Appeals.
Th COn1i’I'1lJI'Ii[¥development board shall hear and decide appeals when it is thereis
an error in any requirement,decision,or determination made by the floodplain administrator in the
and enforcement of this chapter.Anv person aggrieved by the dec‘'ion of th mswn communit
ydevelogmenlboardmayappealsuchdecisiontothecircuitcourt,as provided by Florida Statutes.
(ord.No.25-13-43,§2,4-8-13)
Sec.8-40.Limitations on authority to grant variances.
The colnrnunitg develogment board shall base its decisions on variances on te
ch
ni
ca
l
iustifications submi ted by applicants,the considerations for issuance in section 8-44 of this chapter.th
econditionsofissuancesetforthinsection8405ofthischapter,and the comments and recommendations ofthe
floodplain administrator and the building official.The-e?tyeerwwnéssiee cornrnunity develogrrlent board hasthe
right to attach such conditions as it deems necessary to further the purposes and objectives of this c
h
a
p
t
e
r.
(Ord.No.25-13-43,§2,4-8-13)
Sec.B-41.Restrictions in floodways.
A variance shall not be issued for any proposed development in a floodway If any increase in b
a
s
e
flood
elevations would result,as evidenced by the applicable analyses and certifications required in section 8~
32
ofthis
chapter.
(Ord.No.zs-13-43,§2,4-8-13)
Sec.8-42.Historic buildings.
A variance Is authorized to be issued for the repair,improvement,or rehabilitation of a historic b
ui
ld
in
g
that
is determined eligible for the exception to the flood resistant construction requirements of the Florida Buil
dingCode,Existing Building,Chapter 1;;Historic Buildings,upon a determination that the proposed repair
improvement,or rehabilitation will not preclude the building's continued designation as a historic bu
ild
in
g
andthe
variance is the minimum necessary to preserve the historic character and design of the building.If th
e
pro
pos
edworkprecludesthebuilding's continued designation as a historic building.a variance shall not be gran
ted
andthe
building and any repair,improvement,and rehabilitation shall be subject to the requirements of the
Building code.
(ord.No.25-13-43,§2,4-8-13)
Sec.8-43.Functionally dependent uses.
A variance is authorized to be issued for the construction or substantial improvement necessary forthe
conduct ofa functionally dependent use,as defined in this chapter,provided the variance meets the r
e
q
u
ir
e
of section 3-41,is the minimum necessary considering the flood hazard,and all due consideration has bee
n
given
to use of methods and materials that minimize flood damage during occurrence of the base rioad.
(Ord.No.25-13-43,§2,4-8-13)Agenda Item #9.A.13 Mar 2023Page 104 of 120
Sec.8-44.Considerations for issuance of variances.
in reviewing requests for variances,theeieyearssmieesiew community development board shall all
technical evaluations,all relevant factors,all other applicable provisions of the Florida Building Code,th
is
chapter.
and the following:
(1)
(2)
(3)
(4)
(5)
(5)
(7)
(8)
(9)
(10)
The danger that materials and debris may be swept onto other lands resulting in further or
damage;
The danger to life and property due to flooding or erosion damage;
The susceptibility of the proposed development,including contents,to flood damage and th
e
erfectof
such damage on current and future owners;
The importance of the services provided by the proposed development to the community;
The availability of alternate locations for the proposed development that are subject to lriskof
flooding or erosion;
y of the proposed development with existing and anticipated development;The corripatib
The relationship of the proposed development to the comprehensive plan and floodplain m
an
ag
e
m
en
t
program for the area;
The safety of access to the property in tlrnes of flooding for ordinary and emergency vehicl
es;
The expected heights,velocity,duration,rate of rise and debris and sediment transport the
fioodwaters and the effects of wave action,if applicable,expected at the site;and
The costs of providing governmental services during and after flood conditions including
and repair of public utilities and facilities such as sewer,gas,electrical and water systems,str
eet
s
and
bridges.
(Ord.No.25-13-43,§2,4—s—13)
Sec.8-45.Candi ions for issuance of variances.
Variances shall be issued only upon:
(1)
(2)
(3)
(4)
Submission by the applicant.ofa showing of good and sufficient cause that the unique c
h
a
r
a
ct
e
ri
st
ic
s
of the size,configuration,or topography of the site limit compliance with any provision o
f
thi
s
chapter
or the required elevation standards;
Determination by the community development board that:
a.Failure to grant the variance would result in exceptional hardship due to the physical
characteristics of the land that render the lot uridevelopable;increased costs to sati
sfy
the
requirements or inconvenience do not constitute hardship;
b.The granting of a variance will not result in increased flood heights,additional threats topublic
safety,extraordinary public expense,nor create nuisances,cause fraud on or victimiz
ation
ofthe
public or conflict with existing local laws and ordinances;and
c.The variance is the minimum necessary,considering the flood hazard,to afford relie
f.
Receipt ofa signed statement by the applicant that the variance,if granted,shall be record
ed
inthe
office of the clerk of the court in such a manner that it appears in the chain of title of the a
ff
e
c
t
e
d
parcel of land;and
if the request is For a variance to allow construction of the lowest floor ofa new building.orsubsta
ntialimprovementofabuilding,below the required elevation,a copy in the record of a written noti
ce
from
Agenda Item #9.A.13 Mar 2023Page 105 of 120
the floodplain administrator to the applicant for the variance,specifying the difference between the
base flood elevation and the proposed elevation of the lowest floor,stating that the cost of federal
flood insurance will be commensurate with the increased risk resulting from the reduced floor
elevation (up to amounts as high as twenty—fivedollars ($25.00)for one hundred dollars ($100.00)of
insurance coverage),and stating that construction below the base flood elevation increases risks to life
and property.
(Ord.No.25-13-43,§2,4-8-13)
Subdivision Vlll.Violations
Sec.8-46.Violations.
Any development that is not within the scope of the Florida Building Code but that is regulated by this
chapter that is performed without an issued permit,that is in conflict with an issued permit,or that does not fully
comply with this chapter,shall be deemed a violation of this chapter.A building or structure without the
documentation of elevation of the lowest floor,other required design certifications,or other evidence of
compliance required by this chapter or the Florida Building Code is presumed to be a violation until such time as
that documentation is provided.
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-47.Reserved.
Sec.8-48.Authority.
For development that is not within the scope of the Florida Building Code but that is regulated by this
chapter and that is determined to be a violation,the floodplain administrator is authorized to serve notices of
violation or stop work orders to owners of the property involved,to the owner's agent,or to the person or persons
performing the work.
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-49.Unlawful continuance.
Any person who shall continue any work after having been served with a notice of violation or a stop work
order,except such work as that person is directed to perform to remove or remedy a violation or unsafe condition,
shall be subject to penalties as prescribed by law.
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-50.Scope.Unless otherwise expressly stated,the following words and terms shall,for the purposes of this chapter,have the meanings shown in this article.(Ord.No.25-13-43,§2,4-8-13)Agenda Item #9.A.13 Mar 2023Page 106 of 120
Sec.8-51.Terms defined in the Florida Building Code.
where terms are not defined in this chapter and are defined in the Florida Building code,such t
e
r
shall
have the meanings ascribed to them in that code.
(ord.No.2s—13—43,§2,4-8-13)
Sec.8-52.Terms not defined.
where terms are not defined in this chapter or the Florida Building code,such terms shall have or
di
na
ril
y
accepted meanings such as the context implies.
Accessory structure.A structure on the same parcel of orooert as a oriricioal structure and the us
e
ofwhich
is incidental to the use of the principal structure and onl used for oai-king and storage.
Alteration ofa watercourse.A darn,irnpouridrrlent,channel relocation,change In channel alignm
ent,Channelization,or change in cross—sectionaI area of the channel or the channel capacity,or any other fo
r
m
of
modi?cation which may alter,impede,retard or change the direction and/or velocity of the riverlne ofwater
during conditions of the base flood.
Appeal.A request for a review of the floodplain administrator's interpretation of any provision o
f
this
chapter or a request for a variance.
ASCE 24.A standard titled Flood Resistant Design and construction that is referenced by the Fl
or
id
a
Building
Code.ASCE 24 is developed and published by the American society of Civil Engineers,Restcin,VA.
ease//coo.A flood having a one—percent chance of being equaled or exceeded in any given year [
Alsodefined|r\FBC,B,Section 2C|246~l—2m2.]The base flood ls commonly referred to as the "100—year flood’orthe"one-
percent—arInuaI chance flood."
Base;/cod elevation.The elevation of the base flood,including wave height,relative to the Nati
onal
Geodetic
Vertical Datum (NGVD),North American Vertical Datum (NAVD)or other datum specified on the floodinsu
ranc
eratemap(FIRNI).[Also defined in FBC,5,section 2o2as.1.2ea.]
Basement.The portion ofa building havlngi s ?oor subgrade (below ground level)on all sides.[
A
ls
o
defined
in FBC,B,section 292-16-1-2aa.]
l:oastolA zone.Flood hazard areas that have been delineated as sublect to wave heights betwee
n
1V.(457
rnml and 3 feelj914 mrn).such areas are seaward of the Limit of Moderate wave Action shown on Flood
Insurance Rate Map.[Also defined in Florida Building Code (FBC)B section 202.]
Coastal construction control line.The line established by the State of Florida pursuant to l=.s.§and
recorded In the clffl ial records of the community,which defines that portion of the beach—-dune systemsubjec
t
to
severe fluctuations based on a 100-year storm surge,storm waves or other predictable weather condi
tions.
Caastal high hazard area.Area within glue special flood hazard area extending from offshore to t
h
e
inland
limit of a primary esanaarduna along an open coast and any other area subject to high velocity wave from
storms or seismic source Coastal high hazard areas are also referred to as "high hazard areas subject tohigh
velocity wave a or V zones and are designated on flood insurance rate maps (FIRIVI)as zone vo
vgarv,:,a ....--—A
--.
Declaration of Land Restriction (Nomconvers/on Agreement).A form provided b the floodplain ad
mi
ni
str
at
or
to be signed b the orcioert owner and recorded on the prooertv deed or on a title instrurnerit that i
s
insu
rabl
e
la
a national title compan and acceotabie to the Citv in official Public Records of Duval county.By sign
ing
the
owner agrees no to convert or modify certain enclosures below the elevated buildings and accessor str
uc
tu
re
s
in
an manner that is inconsistent with the terms of the ouilclingoerniit and these regulations.Agenda Item #9.A.13 Mar 2023Page 107 of 120
Designf/pod.The flood associated with the greater of the following two (2)areas:[Also defined inFEC,3,
section 202-1-6&2-$1.]
(1)Area with a fiood_p|ain subject to a one-percent or greater chance of flooding in any year;or
(2)Area designated as a flood hazard area on the community's flood hazard map,or otherwise legally
designated.
Design flood elevation.The elevation of the "design flood,"including wave height,relative to t datu
mspecifiedonthecommunity's legally designated flood hazard map.In areas designated as zone Ao,design
flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus th
e
dept
hnumber(in feet)specified on the flood hazard map.in areas designated as zone Ao where the depth nu
m
be
r
isnot
Specified on the map,the depth number Shall be taken as being equal to two (2)feet.[Also defined FBC
,
B,
Section 202.145-1—2ea.]
Development.Any rnanmade change to improved or unimproved real estate,Including,laut not li
mi
te
d
to,
buildings or other structures,tanks,temporary structures,temporary or permanent storage of equipm
ent
or
materials,mining,dredging,?lling,grading,paving,excavations,drilling operations or any other land di
st
ur
bi
ng
activities.
Encroachment.The placement of fill,excavation,buildings,permanent structures or other devel
opme
nt
into
a flood hazard area which may impede or alter the now capacity of riverine flood hazard areas.
Existing building and existing structure.Any buildings and structures for which the "start of con
stru
ctio
n"
commenced before l\/larch 15,1977.[Also defined in PRC,B,section 202-1-&1ee2._[
I tailetaeqe -:"x''‘3:—*1LA.i.
l
u r
J
..hapgnai _>
i.__
E
x 93.55%
Federal Emergency lVlanagen'ieritAgerlCy (FEMA).The federal agency that,in addition to carrying outother
functions,administers the National Flood Insurance Program.
Flood orf/oadlrig.A general and temporary condition of partial or complete inundation of norma
lly
dryland
from:[Also defined in FBC,3,section 202-;s1—2a2.}
(1)The overflow of inland or tidal waters.
{2)The unusual and rapid accumulation or runoff of surface waters from any source.
Flood darriage—resiStarlt materials.Any construction material capable of withstanding direct an
d
prol
ong
edContactwithfloodwaterswithoutsustaininganydamagethatrequiresmorethancosmeticrepair.[
A
ls
o
definedin
FBC,B,Section 2o2;s.1.2a2.]
Flood hazard area.The greater of the following two (2)areas:[Also defined in FBC,E,Section
(1)The area within a floodplain subject to a one-percent or greater chance of flooding in any ye
ar.
(2)The area designated as a flood hazard area on the community's flood hazard map,or othe
rwis
e
legally
designated.
Flood insurance rate map (FIRIVI).The official map of the community on which the Federal Emerg
encyManagementAgencyhasdelineatedbothspecialfloodhazardareasandtheriskpremiumzonesappl
icab
le
tothe
community.[Also defined In FBC,B,Section 202%.]Agenda Item #9.A.13 Mar 2023Page 108 of 120
Flood Insurance study (Fls).The official report provided by the Federal Emergency Management Age
ncy
that
contains the flood Insurance rate map,the flood boundary and floodway map (If applicable),the water surfa
ceelevationsofthebaseflood,and supporting technical data.[Also defined In FBC,B,section 2024-6-1-2
—.e.]
Floodplain administrator.The office or position designated and charged with the administration and
enforcement of this chapter (may be referred to as the floodplain manager).
Floodplain dei/eloprrlenrperrrllt or approval.An official document or certificate issued by the c
o
m
m
u
ni
ty
,
or
other evidence of approval or concurrence,whi h authorizes performance of specific development that
are located in flood hazard areas and that are determined to be compliant with this chapter.
Floadway.The channel of athe ver creek or otherariveriwe watercourse and the adjacent land ar
ea
s
that
must be reserved in order to discharge the base flood without cumulatively Increasing the water surfa
ce
elevatio
nmorethanone(1)foot.[Also defined in FBC,8,section 202;-s1ee2.]
Floodway encroachment analysis.An engineering analysis of the Impact that a proposed encroach
ment
into
a floedway is expected to have on the fioodway boundaries and base flood elevations;the evaluation sh
all
be
prepared by a qualified Florida licensed engineer using standard engineering methods and models.
Florida Building Code.The family of codes adopted by the Florida Building Commission,Including:Florid
aBuildingcode,Bull ng;Florida Building Code,Residential;Florida Building Code,Existing Building;F
lo
ri
d
a
Building
Code,Mechanical;Florida Building Code,Plumbing;Florida Building Code,Fuel Gas.
Functionally dependent use.A use which cannot perform lls Intended purpose unless it is located orcarried
out in close proximity to water,including only docking facilities,port facilities that are necessary for loadin
gandunloadingofcargoorpassengers,and ship building and ship repair facilities;the term does not long»
term storage or related manufacturing facilities.
Highest ad/acentgrade.The highest natural elevation of the ground surface prior to construction nexttothe
proposed walls or foundation of a structure.
Historic structure.Any structure that Is determined eligible for the exception to the flood hazard area
requirements of the Florida Building Code,Existing Building,Chapter 1;;Historic Buildings.
Letter afn-lap charIge(LOI\/(C1.An official determination issued by FEIVIA that amends or revises aneffectiv
efloodinsuranceratemaporfloodinsurancestudy.Letters of map change include:
(1)Letter ofrnap amendment (LOMA).An amendment based on technical data showing t
h
a
t
a
property was incorrectly included In a designated special flood hazard area.A LOMA athe
current:effective flood insurance rate map and establishes that a specific property,ofa
property,or structure is not located in a special flood hazard area.
(2)Letter afmap revision (LOMR).A revision based on technical data that may show cha
nges
toflood
zones,flood elevations,special flood hazard area boundaries and floodway clellneatlons,andother
plarlirn etric featu res.
(3)Letter ofmap revislan based onrll/(Lolvm-F).A determination that a structure or par
cel
oflandhas
been elevated by fill above the base flood elevation and is,therefore.no longer locate
d
withinthe
special flood hazard area.In order to qualify for this determination,the fill must have be
enpermittedandplacedinaccordancewiththecommunity's floodplain management r
(4)Conditional letter of map revision (r:LoMR).A formal review and comment as to whethe
r
a
proposed flood protection pro/ect or other project complies with the minimum NFIP r
for such projects with respect to delineation ofspecla///ood hazard areas.A CLONIR not
revise the effective flood insurance rate map or flood insurance study;upon submission and
approval of certified as-built documentation.a letter of map revision may be issued FEIV
IA
to
revise the effective FIRM.Agenda Item #9.A.13 Mar 2023Page 109 of 120
Llghtsduty truck.As defined in 40 c.l=.R.86.082—2,any motor vehicle rated at eight thousand fi
ve
hun
dred(23,500)pounds gross vehicular weight rating or less which has a vehicular curb weight of 5,000 pounds orlessand
which has a basic vehicle frontal area of forty-five (45)square feet or less,which Is:
(1)Designed primarily for purposes of transportation of property or is a derivation of such a v
e
h
i
c
l
e
;
or
(2)Designed primarily for transportation or persons and has a capacity of more than twelve (persons;
or
(3)Available with special features enabling off—-street or off—highway operation and use.
Limit afmoderate wave action.Line shown on FlRI\/is to indicate the inland limit of the 1 V2 foot (
45
7
mm)
breaking wave helimt during the base Flood.[Also defined in FBC 5 section 2021
Lowestflaor.The lowest floor of the lowest enclosed area of a building or structure,including but
excluding any unfinished or fiood—resisl:ant enclosure,other than a basement,usable solely for vehicle park
ing,building access or limited storage provided that such enclosure is not built so as to render the structure inviolation
of the non-elevation requirements of the Florida Building code or ASCE 24.[Also defined in FBC,5,S
e
c
ti
o
n
202-1-6-1ee2~.]
Manufactured home.A structure,transportable In one (1)or more sections,which Is eight (8)feetor
more in wldth,—eed greater than four hundred (400)square feet,and which is built on ag in(egra|
chassis and—is designed to be used as a dwelling when connected to the required utiiities.
per :1 '‘h “""‘
.4
-**‘“*'.The term "rrlanufactured horne"does no
t
includea
"recreational vehicle"or "park trailer."[Also defined In 15c-1.0101,F.A.C.]
Manufactured home park or subdivision.A parcel (or contiguous parcels)of land divided into t
w
o
(2)ormore
manufactured home lots for rent or sale.
Market value.
%-4 '»?M."
,
‘I dieet-iah ‘E H»Id,'4:‘.As
used In this chapter,the term refers to lh value of buildings and structures,excluding the la
n
d
andother
improvements on the parcel.Market value is the actual
cash value:e—kil-Id replacement cost depreciated for age wear and tear neglect and quality of cons
truct
ion)determined b a qualified lrldenendent anpraiser,or tax assessment Value adjusted to approximate value
by a factor provided by the property appraiser.
New construction.For the purposes of administration of this chapter and the flood resistant co
nst
ru
cti
on
requirements of the Florida Building code,structures for which the "start of construction"commenced onorafter
March 15,1977 and includes any subsequent improvements to such structures.
”ape‘helm ‘
rel T%he4?--'fuauu ,4»‘on f >,
set‘x pad“..I -a 3‘Mareh—1,~u .
Park trailer.A transportable unit which has a body width not exceeding fourteen (14)feet and isbuilt
on a single chassis and is designed to provide seasonal or temporary living quarters when connected t
o
utiliti
esnecessaryforoperationofinstalledfixturesandappliances.
Recreational vehicle.see F5.5 320.01)Agenda Item #9.A.13 Mar 2023Page 110 of 120
sand dunes.Naturally occurring accumulations cifsand in ridges or mounds landward of the be
ac
h.speciolflood hazard area.The land area subject to flood hazards and ona
Flood insurance Rate Mao or other flood hazard map ''‘?e 4',‘,.,'n»-DaszoneA,A0,AR A1-A30,AE,A99,AH.V1—v30.VEv0orV.
[Also defined in FBC,B section 20246-1472.]
start ofconstructrcn.The date of issuance for new construction and substantial mprovements toexistin
gstructures,provided the actual start of construction,repair,reconstruction,rehabilita n,addition,or
other improvement is within one hundred eighty (180)days of the date of the issuance.The actual s
t
a
r
t
of
construction meansfk-her the first placement of permanent construction ofa building (including a
home)on a site,such as the pouring of slab or footings,the installation of pllmges,_q;the construction ofcolumns.
Permanent construction does not include land preparation (such as clearing,excavation grading,orfilling),
the installation of streets or walkways,excavation for a basement,footings.Diets,or foundations,th
e
erec
tion
of
temporary forms or the Installation of accessory buildings such as garages or sheds not occupied as un'ts
or not part of the main buildings.For a substantial improvement,the actual "start of construction"thefirst
alteration of any wall,ceiling,floor or other structural part of a building,whether or not that alteration affect
s
the
external dimensions of the building.[Also defined in FEC,B Section 2O2~]r5~1—2T2.]
substantial damage.Damage of any origin sustained by a building or structure whereby the cos
t
ofrestoring
the building or structure to its before—dan'laged condition would equal or exceed 50 percent of the valueof
the building or structure before the damage occurred.[Also defined in FBC,B section 2024-s;e—.a.]
suosmntialtmprovernent.Any repair,reconstruction,rehabilitation,aitgration addition,or oth
erimprovementofabuildingorstructurethecostofwhichequalsorexceedsfifty(50)percent of the value
of the building or structure before the improvement or repair is started.If the structure has incurred "
su
bs
ta
nt
ia
l
darnage,“any repairs are considered substantial improvement regardless of the actual repair work The
term does not,however,Include either:[Also defined in FEC,B,Section 2D2~]=61-1-2.]
(1)Any project for improvement of a building required to correct existing health,sanitary,o
r
saf
ety
code
violations Identi?ed by the building official and that i_sare the minimum necessary to assur
e
safeliving
conditions.
(2)Any alteration of a historic structure provided the alteration will not preclude the structure's continu
eddesignationasahistoricstructure.
Variance.A grant of relief from the requirements of this chapter,or the flood resistant construction
requirements of the Florida Building Code,which permits construction In a manner that would not o
t
h
e
r
be
permitted by this chapter or the Florida Building Code.
Watercourse.A river,creek,stream,channel or other topographic feature in,on,through,or o
v
e
r
which
water flows at least periodically.
wet f/oodproofino.The use of flood damage-resistant materials and construction techniclues t
o
mi
ni
mi
ze
flood damage to structures b inlentionallv allowing floodwater to enter and exit autornaticall (without hurnari
intervention)to minimize uneoual pressure of water on walls (called hydrostatic load or orcssurei.
(ord.No.25-13-43,§2,4-8-13)
ARTICLE III.FLOOD RESISTANT DEVELOPIVIENT
DIVISION 1.BUILDINGS AND STRUCTURES,SUBDIVISIONS,SITE IIWPRCJVE/
VIENTS,IVIANUFACTURED HOIVIES,RECREATIONAL VEHICLES AND PARK TRAILERS,TAN
KS,OTHER DEVELOPIVIENT
Agenda Item #9.A.13 Mar 2023Page 111 of 120
PART II —CODE OF ORDINANCES
Chapter 8 -FLOOD HAZARD AREAS
ARTICLE III.-FLOOD RESISTANT DEVELOPNIENT
DIVISION 1.—BUILDINGS AND STRUCTURES,SUBDIVISIONS,SITE IMPROVEMENTS,IVIANUFACTURED HOIVI
ES,RECREATIONAL VEHICLES AND PARK TRAILERS,TANKS,OTHER DEVELOPMENT
Subdivision I.Buildings and structures,subdivisions,Site improvements
Subdivision I.Buildings and Structures,Subdl ions,Site Improvements
Sec.8-53.Florida Building Code Amendments.
(1)Florida Building Code Building administrative amendments.
a.where elevations of buildings 1 flood hazard areas are specified in application and
certification of the elevation of bu dings In flood hazard areas is reguired the FEMA
be submitted.
b.where certification of the design of dmfioodprdofed nonresidential buildines in flood haz
ard
areas
is required the FEMA Nonresidentiai Floociproofing Certificate shall be submitted.
c.Applications for proiects proposing to enclose areas under the elevated buildings shal
l
incl
ude
a
fuilv executed Declaration of Land Restrictions (Non-conversion Agreements)which sbe
recorded in the Off‘c al Eublic Records of Duval county Erior to issuance of the certificateof
occugancg.
(2)Florida Building Code EuiIdu1_R and Residential technical amendments.
a.All buildings and structures that are within a special flood hazard area shall have the lfloor
dr fioodnrooflng measures or the bottom of the lowest horizontal ttuctural member ofthe
lowest floor as applicable to occugancy and flood zone at or above the base flood e
l
e
v
a
t
i
o
n
plus
two and one—haIf (2.5 feet.
b Nomresidentiai buildings that are within Coastal A zones shall not be permitted to b
e
dr
floodoroofed and shall not be permitted to have backfilled stem wall foundations.
c.Residential buildings that are within Coastal A Zones shall not be permitted to have stern
wail foundations.
Sec.8-533.Design and construction of buildings,structures and facilities exempt f
r
o
the
Florida Building Code.
Pursuant to section 8r24.1 of this chapter,buildings,structures,and facilities that are exempt the
Florida Building Code,Including Substantial improvement or repair of substantial damage of such buil
ding
s,structures and facilities,shall be designed and constructed in accordance with the flood load and floo
d
resist
antconstructionrequirementsofASCE24.Structures exempt from the Florida Building Code that are not w
all
ed
and
roofed buildings shall comply with the requirements of sections 8—75 through 8-82 of this chapter.
(ord.No.25-13-43,§2,4>8713:ord4 No.25-13-44,§2,7-53-18)
Sec.8-554.Bu dings and structures seaward of the coastal construction control lin
e.
If extending,In whole or in part,seaward of the coastal construction control line and also located
,
inwhole
or in part,in a flood hazard area:
(1)Buildings and structures shall be designed and constructed to comply with the more restrict
iveapplicablerequirementsoftheFloridaBuildingCode,Building Section 3109 and Section orFlorida
Building Code,Residential Section R322.Agenda Item #9.A.13 Mar 2023Page 112 of 120
(2)Minor structures and non-habitable maior structures as defined in F.S.§161.54,shall be d
e
si
g
n
e
d
and
constructed to comply with the intent and applicable provisions ofthis chapter and ASCE 24
.
(0rd.No.25—13—43,§2,4-3-13)
Sec.8—5_§5.Subdi sions;minimum requirements.
Subdivision proposals ncluding without limitation,proposals for manufactured Home parks a
n
dsubdivisions,shall be reviewed to determine that:
(1)
(2)
(3)
such proposals are consistent with the need to minimize flood damage and will be reasona
bly
safe
from flooding;
All public utilities and facilities such as sewer,gas,electric,communications,and water s are
located and constructed to minimize or eliminate ilood damage;and
Adequate drainage is provided to reduce exposure to flood hazards and to comply with stor
mwa
terandimpervioussurfaceregulationscontainedinchapter24,land development regulations.InzonesAH
and A0,adequate drainage paths shall also be provided to guide floodwaters around and aw
ay
from
proposed structures.
lord.No.25-13-43,§2.4-8-13;Ord.No.2S—18-44,5 2,74943)
Editor‘s note(sl—ord.No.25»'.L8-44,§2,adopted July 9,2018,changed the title of 5 ass from "
Nlinlrn
urnrequirements"to read as herein set out.
Sec.B—5Z6.Subdivision plats.
where any portion of proposed subdivisions,including without limitation,manufactured home pa
rk
s
and
subdivisions,lies within a flood hazard area,the following shall be required:
(1)
(2)
(3)
Delineation of Flood hazard areas.floadway boundaries and flood zones,and design flood ele
vati
ons
,
as appropriate,shall be shown on preliminary plats and final plats;
Where the subdivision has more than fifty (50)lots or is larger than five (5)acres and bas
e
Flo
odelevationsarenotincludedontheFIRIVI,the base flood elevations shall be determined i ac
co
rd
an
ce
with section 8~31(1)of this chapter;and
compliance with the site improvement and utilities requirements of sections s—s7 through 8-62ofthis
chapter.
(Ord.No.25-13-43,§2,4»s-13;ord.Ncl.25—18—44,§2,74943)
Sec.8-5§2.Site improvements,utilities and limitations;minimum requirements.
All proposed new development shall be reviewed to determine that:
(1)
(2)
(3)
Such proposals are consistent with the need to minimize flood damage and will oe reasona
bly
safe
from flooding;
All public utilities and facilities such as sewer,gas,electric,communications,and water s
y
s
t
e
are
located and constructed to min ize or eliminate flood damage;and
Adequate drainage is provided to reduce exposure to flood hazards and to comply with stor
mw
aterandimpervioussurfaceregulationscontainedinchapter24,land development regulations.inzonesAH
and A0,adequate drainage paths shall also be provided to guide floodwaters around and aw
ay
from
proposed structures.Agenda Item #9.A.13 Mar 2023Page 113 of 120
(Ord.No.25-13-43,§2,4—8—13;Ord.No.25-18-44,§2,7-9-18)
Editor‘s note(s)—Ord.No.25c1B—l-I4,§2,adopted July 9,2018,changed the title of §8—57 from "
Minim
umrequirementtoreadashereinsetout.
Sec.3-523.sanitary sewage facilities.
All new and replacement sanitary sewage rac ities,private sewage treatment plants (including al
l
pumpi
ngstationsandcollectorsystems),and on-site waste disposal systems shall be designed accordance the
standards For onslte sewage treatment and disposal systems in chapter 54:-6,F.A.c.and ASCE 24 C
ha
pt
er
7to
mi irriize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities in
tofloodwaters,and impairment of the facilities and systems.
(ord.No.25-13-43,§2,4-3-13)
sec.s—§_qs9.water supply facllltles.
All new and replacement water supply facilities shall be designed in’accordance with the water w
el
lconstructionstandardsInchapter62-532.500,F.A,C.and ASCE 24 chapter 7 to minimize or eliminate Infi
ltra
tio
n
of
floodwaters into the systems.
(Ord.No.25-13-43,5 2,4-8—13)
Sec.8-6;9.Limitations on sites in regulatory floodways.
No development,Including but riot limited to site improvements,and land disturbing activity i fillor
regradlrig,sha be authorized in the regulatory floodway unless the floodway encroachment analysis re
qu
ire
d
in
subsection 8—32(1)of this chapter demonstrates that the proposed development or land disturbing willnot
result in any increase in the base flood elevation.
(ord.No.25-13-43,§2,4-8-13)
Sec.8-6;}.Limitations on placement of fill.
Fill shall not be used to elevate buildings extent where used to laackfill stern wail foundations,tothe
limitations of this chapter.ll shall be designed to be stable under conditions of flooding including ra
pi
d
riseand
rapid drawdown of fioodwaters,prolonged inundation,and protection against flood-related erosion scour.in
addition to these requirements,if intended to support buildings and structures (zone A only),fill shall co
mp
ly
with
the requirements of the Florida Building Code.
(Drd.No.25-13-43,§2,4-23-13)
Sec.8—6§2.Limitations on sites In coastal high hazard areas (zone V)and coastal A z
o
n
e
s
.
in coastal high hazard areas and coastal A zones,alteration of sand dunes and mangrove stands sh
all
be
permitted only if such alteration is approved by the Florida Department of Environmental Protection a
n
d
onlyif
the engineering analysis required by section 3-3214)or this chapter demonstrates that the proposed will
not increase the potential for flood damage.construction or restoration of dunes under or around e
l
e
v
a
t
e
d
buildings and structures shall comply with section 3-323)of this chapter.
(Ord.No.25-13-43,§2,4—8—13;Ord.No.25-18-44,§2,7-9-18)Agenda Item #9.A.13 Mar 2023Page 114 of 120
PART II -CODE OF ORDINANCES
chapter 8 -FLOOD HAZARD AREAS
ARTICLE III.-FLOOD RESISTANT DEVELOPIVIENT
DIVISION 1.-BUILDINGS AND STRUCTURES,SUBDIVISIONS.SITE IMPROVEMENTS.MANUFACTURED HOME
S,RECREATIONAL VEHICLES AND PARK TRAILERS,TANKS,OTHER DEVELOPMENT
Subdivision ii.Nlanufactured Homes
Subdivision I .Manufactured Homes
Sec.8-633.General.
All manufactured homes Installed in flood hazard areas shall be installed by an installer that Is
pursuant to F5.§320.8249,and shall comply with the requirements of Chapter 15c-1,F.A.c.and the req
uir
em
ent
s
of this chapter.If located seaward ofthe coastal construction control line,all manufactured homes comply
with the more restrictive of the applicable requirements.
(ord.No.25-13-43,§2,4-8-13)
Sec.8-6_5_4.Foundations.
All new manufactured homes and replacement manufactured homes installed In flood hazard shallbe
installed on permanent,reinforced foundations that:
(1)In flood hazard areas (zone A)other than coastal high hazard areas and coastal A zones,desig
ned
in
accoroance with the foundation requirements of the Florida Building Code,Residential S
e
ct
io
n
R3222
and this chapter.
(2:In coastal high hazard areas (zone vi and coastal A zones.are designed In accordance withthe
foundation requirements of the Florida Building Code,Residential Section R322.3 and this cha
pte
r.(ord.No.25-13-43.§2,4-8-13)
Sec.8-6§5.Anchoring.
All new manufactured homes and replacement manufactured homes shall be installed using m
et
h
o
ds
and
practices which minimize flood damage and shall be securely anchored to an adequately anchored f
o
u
n
d
a
ti
o
n
system to resist flotation,collapse or lateral movement.Methods of anchoring include,but are not l
i
to,use
of over-the—-top or frame ties to ground anchors.This anchoring requirement is in addition to applicable stateand
local anchoring requirements for wind resistance.
(Ord,No.25-13-43,§2,4-8-13)
Sec.8-616.Elevation.
All manufactured homes that are placed reulaced or substantially improved In flood hazard ar
ea
s
shallbe
elevated such that the boLtorn of the frarne is at or above the base flood elevation plus;wo and one h
a
lf
(
2
.
5
)
feet.
(ord.No,25-13-43,§2,4-8-13)Agenda Item #9.A.13 Mar 2023Page 115 of 120
ll,-.a_e ._i_».I ls?l?ul Ila)”-.5‘!-."y.L..4
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-68.Enclosures.
Enclosed areas below elevated manufactured homes shall comply with the requirements of the Fl
ori
daBuildingCode,Residential Section R322 for such enclosed areas,as applicable to the flood hazard are
a.
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-69.Utility equipment.
utility equipment that serves manufactured homes,including electric,heating,ventilation,plu
mbi
ng,
andair
conditioning equipment and other service facilities,shall comply with the requirements of the Florida Bu
ildi
ngCode,Residential Section R322,as applicable to the flood hazard area.
(ord.No.25-13-43,§2,4-B-13)
Subdivision III.Recreational Vehicles and Park Trailers
Sec.B-70.Temporary placement.
Recreational vehicles and park trailers placed temporarily In flood hazard areas shall:
(1)Be on the site for fewer than one hundred eighty (180)consecutive days;or
Agenda Item #9.A.13 Mar 2023Page 116 of 120
(2)32 fully licensed and ready for highway use,which means the recreational Vehicle or park mo
del
ison
wheels or lacking system,is attached to the site only by quick—oIIsconnect type utilities an
d
secu
ritydevices,and has no permanent attachments such as addltlons,rooms,stairs,decks and
(Ord.No.25-13-43,§2,443713)
Sec.8—70.:I..Permanent placement.
Recreational vehicles and park trailers that do not meet the limitations in section 8-70 of this for
temporary placement shall meet the requirements of sections 8-633 through 8-69 of this chapter for
manufactured homes.
(Ord.No.25-1343,§2,A-8-13)
Subdivision IV.Tanks
sec.3-71.Underground tanks.
underground tanks in fload hazard areas shall be anchored to prevent flotation,collapse or lat
era
lmovementresultingfromhydrodynamicandhydrostaticloadsduringconditionsofthedesignflood,in
cl
u
di
n
g
the
effects of buoyancy assuming the tank is empty.
(Ord.No.25-1343,§2,4—s—13)
sec.8-72.Above-ground tanks,not elevated.
Above»ground tanks that do not meet the elevation requirements of section 8»73 of this chapter shal
l:
(1)Be permitted in flood hazard areas (zone A)other than coastal high hazard areas and co s
t
Azonas,
provided the tanks are anchored or otherwise designed and constructed to prevent flotatio
n,
collapse
or lateral movement resulting from hydrodynamic and hydrostatlc loads during conditions ofth
edesignflood,including the effects of lauovancy assurrllrlg the tank is empty and the effects offlood.
borne debris.
(2)Not be permitted in coastal high hazard areas (zone v)and coastal A zones.
(Ord.No.25-1343,§2,4—s—13)
Sec.8-73.Above-ground tanks,elevated.
Above-ground tanks In flood hazard areas shall be attached to and elevated to or above the des
ign
flood
elevatlon on a supporting structure that is designed to prevent flotatlon,collapse or lateral movement duri
ngconditionsofthedesignflood.Tanlosupportlng structures shall rneet the fouridatlon requirements o
f
th
eapplicablefloodhazardarea.
(Ord.No.25~13-43,§2,-4-8-13)
Sec.8-74.Tank inlets and vents.
Tank inlets,flll openings.outlets and vents shall be:
(1)At or above the design flood elevation or fitted with covers designed to prevent the inflow of
fioodwoter or outflow of the contents of the tanks during conditions of the design flood;Agenda Item #9.A.13 Mar 2023Page 117 of 120
(2)Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads,including
the effects of buoyancy,during conditions of the design flood.
(Ord.No.25-13-43,§2,4-8-13)
Subdivision V.Other Development
Sec.8-75.General requirements for other development.
All development,including manmade changes to improved or unimproved real estate for which specific
provisions are not specified in this chapter or the Florida Building Code,shall:
(1)Be located and constructed to minimize flood damage;
(2)Meet the limitations of section 8-619of this chapter if located in a regulated floodway;
(3)Be anchored to prevent flotation,collapse or lateral movement resulting from hydrostatic loads,
including the effects of buoyancy,during conditions of the design flood;
(4)Be constructed of flood damage-resistant materials;and
(5)Have mechanical,plumbing,and electrical systems above the design flood elevation,except that
minimum electric service required to address life safety and electric code requirements is permitted
below the design flood elevation provided it conforms to the provisions of the electrical part of
building code for wet locations.
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-76.Fences in regulated floodways.
Fences in regulated floodways that have the potential to block the passage of floodwaters,such as stockade
fences and wire mesh fences,shall meet the limitations of section 8—6_1_9ofthis chapter.
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-77.Retaining walls,sidewalks and driveways in regulated floodways.
Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall
meet the limitations of section 8-619of this chapter.
(Ord.No.25-13-43,§2,4-8-13)
Sec.8-78.Roads and watercourse crossings in regulated floodways.
means
regulated floodways shall meet the limitations of section 8—6_1_Gofthis chapter.Alteration of a watercourse that ispartofaroadorwatercoursecrossingshallmeettherequirementsofsubsection8—32(3)of this chapter.(Ord.No.25-13-43,§2,4-8-13)Agenda Item #9.A.13 Mar 2023Page 118 of 120
Sec.8-79.Concrete slabs used as parking pads,enclosure floors,landings,decks,
patios and similar nonstructural uses in coastal high hazard areas (zone and
coastal A zones.
In coastal high hazard areas and coastal A ggnes,concrete slabs used as parking pads,enclosure flo
ors,landings,decks,walkways,patios and similar nonstructural uses are permitted beneath or adjacent buil
ding
sandstructuresprovidedtheconcreteslabsaredesignedandconstructedtobe:
(1)structurally independent of the foundation system of the building or structure;
(2)Franglble and not reinforced,so as to minimize debris during Flooding that Is capable of
significant damage to any structure;and
(3)Have a maximum slab thickness of not more than four (4)inches.
(Ord.No.25—13—43,§2,4-3-13)
Sec.8-80.Decks and patios in coastal high hazard areas (zone V)and coastal A zones
.
AzonesinadditiontotherequirementsoftheFloridaBuildingcode,in coastal high hazard areas and
decks and patios shall be located,designed,and constructed in compliance with the following:
(1)A deck that is structurally attached to a building or structure shall have the bottom of the lo
w
esthorizontalstructuralmemberatorabovethedesignfloodelevationandanysupportingthat
extend below the design flood elevation shall comply with the roundation requirements applyto
the building or structure,which shall be designed to accommodate any increased loads r
e
s
from
the attached deck.
(2)A deck or patio that is located below the design flood elevation shall be structurally indepe
ndent
from
buildings or structures and their foundation systems,and shall be designed and constructed eitherto
remain intact and in place during design flood conditions or to break apart into small piece
s
to
minimize debris during flooding that is capable of causing structural damage to the building or
structure or to adjacent buildings and structures.
(3)A deck or patio that has a vertical thickness of more than twelve (12)inches or that is con
stru
cted
with
more than the minimum amount of fill necessary for site drainage shall not be approved an
analysis prepared by a qualified registered design professional demonstrates no harmful of
floodwaters or wave runup and wave reflection that would increase damage to the buildin
g
or
structure or to adjacent buildings and structures.
(4)A deck or patio that has a vertical thickness or twelve (12)inches or less and that is at nat
ural
gradeor
on nonstructural fill material that is similar to and compatible with local soils and is the
amount necessary for site drainage may be approved without requiring analysis of the im
pa
ct
on
diversion of floodwaters or wave runup and wave reflection.
(Ord.No.25-1343,§2,4-843)
Sec.8-81.Other development In coastal high hazard areas (zone V)and coastal A
in coastai high hazard areas and coastal g zones development activities other than buildings a
n
d
struct
uresshallbepermittedonlyifalsoauthorizedbytheappropriatefederal,state or local authori y,-if located outs
ide
the
footprint of,and not structurally attached to,buildings and structures;and If analyses prepared by q
u
a
li
fi
e
d
registered design professionals demonstrate no harmful diversion or floodvvaters or wave runup and w
a
v
e
reflection that would increase darnage to adjacent buildings and Structures.Such other development ac
ti
vi
tie
s
include but are not limited to:Agenda Item #9.A.13 Mar 2023Page 119 of 120
(1)
(2)
(3)
(Ord.No.
Bulkheads,seawalis,retaining walls,revetments,and similar erosion control structures;
Solid fences and privacy walls,and fences prone to trapping debris,unless designed and to
f under flood condltlons less than the design flood or otherwlse function to avoid obstru
ction
of
floodwaters;and
on—site sewage treatment and disposal systems defined in 64E—6.U02,F.A.C.,as filled syste
ms
or
mound systems.
25—13—a3,§2,4~s»13)
Sec.8-82.Nonstructural flll In coastal high hazard areas (zone V)and coastal A zones
.
lrl coastal high hazard areas and coa§tal A zones:
(1)
(2)
13)
l\/linor grading and the placement of minor quantities of nonstructural f I shall be permitted for
landscaping and for drainage purposes under and around bulldlngs.
Nonstructural fill with finished slopes that are steeper than one (1)unit vertical to five (5
)
uni
tshorizontalshallbeperrnlttedonlyIfananalysispreparedbyaqualifiedregistereddesignp
r
o
fe
ss
io
n
al
demonstrates no harmful diversion of flciodwaters or wave runup and wave reflection th
at
woul
dIncreasedamagetoadjacentbuildingsandstructures.
Vi/here authorized by the Florida Department of Environmental Protection or applicable approval
,sand dune construction and restoration of sand dunes under or around elevated buildings are
permltted without additional engineering analysis or certification of the diversion of flood
water
or
wave runup and wave reflection If the scale and location of the dune work is conslsterit local
beach—:lune morphology and the vertical clearance ls maintained between the top of the s
a
n
d
dune
and the lowest horizontal structural member of the building.
(ord.No.25-13-43,§2.4—8—13)
Sec.8-83.Non-elevated accessory structures.
Non~e|evated accessor structures are permitted provided the accessor structures are used ort
lv
for
garklng or storage and:
(1)If located ln sgeclal flood hazard areas_{Zone A AE)other than coastal high hazard a
r
e
a
s
areonev
story and not larger than 600 sq.ft.and have flood openings in accordance with section R3
222
ofthe
Florida Building Code Residential.
I2)If located in coastal hiRh hazard areas [Zone V VE)are not located below ele;/aged and
are not larger than 100 sg.ft.
(3)Are anchored to resist flotation collapse or lateral movement resulting from flood
(4)Havejiood darna£:e~resistant materials used below the base flood elevation plus one L1)foot.
(5)Have mechanical olurnbina and electrical s stems Including plumbing fixtures elevat
ed
toor
above the base flood elevation Qlus one (1 foot.Agenda Item #9.A.13 Mar 2023Page 120 of 120