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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. 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MV mnmsnm ems: PLAT BOOK __PAGE: su::r_1.ur J. wmnv M» Mr In «A: anus murmur: ms 5 m em:-4 um ms vur AAs lieu mwzn AND Auwvm Mn my .1cnun?IN mu um wt numuuems nr mum m.n.a-m. smmes Amsum-:en no xi run Iiounmm NIB :5 rxcmwmI1 an mm:was ur we :.::r:«;Fuluc mums :1!mm.Eom;I'!‘.::1BllI1A.swazmx arms V 1 hr K PLAT mrwnv ma Ms KATIM5 nee»mm mu rum:U1 mmunud m»we 1.nu-wen m.nmm.smmes.Ms BAY of Au.ma, v A nzwn‘e.umunssammu‘/Emu A...mm In wens:No L? 711: smmns mrmuvsmsI5VanzmurvumI»:AILIVEmy .s A my:AMI amen nzwusnmivcmufmewas smwn-m.FLAYVEHAm nmsulzlz in me on-mu.‘mu WK sukvzv WA!Mzunm men IN nmmuu mu surmvurm.AND me was rm mumsmuAllasMsukvarAmeeueusur aumm m.mm »,nun»:mywewanna!rwaasucs Ammems mu: sen -um Aczmmur. Va mi Luis H w:sme as rmsm Am Wt em»ur Ammc sew mam.sum MDstunmsan or mm a.mAm.sAv,5..msm -an wwz-us measam mkvzvnn ..unram Anne ov.mesun: or macaw um:A.57292 _,_Mummmv um:snwsvms.we ?n..e......._._.e_§mmmmm:we Mulsnnvui Izacn.am»nunuumsmmsuzsskn.mm x-n‘“"‘a..."‘L 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. [A/I/B0 15’PIA 62?[//V[]’2 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 3:1’RIGHT tr WAY Pun PUBUC ROAD SOO‘D3'3‘l"W 95.DO'soa'uIa__I'vI 91110‘F “T;‘-73-1 N=21B3r35l.19 x 5:525-137.79 1 In I snou5'3I'w 95.110‘gg: 1.WI "’2 ‘s ‘Fig: 1 ..>-5 =‘L“2 =1 2=5=‘':=.E5éE8:gg?ge:1,~23?as.2 8 2 =3,2 Q '3 soum'31"v: mun’5-5-""§‘.1 :33'”E .f,§‘55:3 9:3 R 34;g3 Mr-§'T“'a Mr M...‘"*-*'9:OK;_.=[g§§«z *:-§t (U1:'1:L e P w m —.«-,3 .. 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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. Page 2 of 21 Agenda Item #1.A. 13 Mar 2023 Page 30 of 120 Regular City Commission 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. Page 3 of 21 Agenda Item #1.A. 13 Mar 2023 Page 31 of 120 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. Page 4 of 21 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. Page 6 of 21 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 Page 7 of 21 Agenda Item #1.A. 13 Mar 2023 Page 35 of 120 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: _____________________ Page 8 of 21 Agenda Item #1.A. 13 Mar 2023 Page 36 of 120 Attachment A to 2-27-23 Minutes Page 9 of 21 Agenda Item #1.A. 13 Mar 2023 Page 37 of 120 Attachment A to 2-27-23 Minutes Page 10 of 21 Agenda Item #1.A. 13 Mar 2023 Page 38 of 120 Attachment A to 2-27-23 Minutes Page 11 of 21 Agenda Item #1.A. 13 Mar 2023 Page 39 of 120 Attachment A to 2-27-23 Minutes Page 12 of 21 Agenda Item #1.A. 13 Mar 2023 Page 40 of 120 Attachment B to,,,,,,,,,,,,,,,,,,,,,,,,,,..,.......,........................................................................................................................................................ ........................................................................................ "2-27-23.Minute5 ......................................................... ......................................................... ......................................................... ......................................................... ....................................... 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- s i :7 0 (4)Recreationalvehicles,parked orstoredonanysresidentiallotfora period exceedingtwenty-four V n 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 3 l §§15.3‘I I u 7e 3”I sronv La—1 -1 FRAME 1G-«‘*1L0.1 2 9 .g ;.; 3;:5 255', ‘Q2 cove cone. : 3 5520133’w 5070’(M)IRON PIPE IV 05'20'02')7 50.65’/1?) QIRE A ENTER 54/msz-r on/vi (Pu/7 SA/L/-"/5/I DRIVE NORTH (Poszzo) /50‘19/14’)Page 14 of 21Agenda Item #1.A.13 Mar 2023Page 42 of 120 Altzchinent 3 M 2-27-:3 Minutes Examples of violo?ons under The existing code Page 15 of 21Agenda Item #1.A.13 Mar 2023Page 43 of 120 Attachment I In 2.-27-23 Minutes Page 16 of 21Agenda Item #1.A.13 Mar 2023Page 44 of 120 Anachnsenc 3 co 2-27-23 Minutes Page 17 of 21Agenda Item #1.A.13 Mar 2023Page 45 of 120 A?achmam 3 lo z-21-2:Minutes Page 18 of 21Agenda Item #1.A.13 Mar 2023Page 46 of 120 Anaclunent 3 lo ————247.13 Minutes .Page 19 of 21Agenda Item #1.A.13 Mar 2023Page 47 of 120 Anaelmrem 3 lo z-21-2:1 ulimnes 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 ’______,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.2.27.23,,Minutes,,,,,,,,,,,, OTherFIoridc1 Cities 6 Jacksonville V 9 lndi%dnVHorboVurBeach 0 Augustine Beach V V V 6 NewSmyrna Beach 0 VDc1y’ronc:Beach 0 Clec:rVvvc:’rereL V o Flogler Beach V o Jupiter To BocoiRa’ron o Naples V V o Sorosofa 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