TO: Planning and Zoning Advisory Board
FROM: Hank Flores, AICP, CFM, Planning & Zoning Division Manager
SUBJECT: Consideration of Petition No. TXT-23-270 (Ordinance 2024-04) Amending the Unified Land Development Code, Chapter 17- Flood Damage Prevention Regulations - Updating the Effective Date in order to continue in the National Flood Insurance Program (NFIP)
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Recommended Action
The Planning and Zoning Advisory Board finds that the proposed amendments are consistent with the City of North Port Comprehensive Plan and recommends that the City Commission approve Petition No. TXT-23-270 (Ordinance 2024-04) for amendments to the Unified Land Development Code (ULDC) Chapter 17-Flood Damage Prevention Regulations.
General Information
The City of North Port participates in the National Flood Insurance Program (NFIP) and the NFIP’s Community Rating System, a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum program requirements.
Effective March 27, 2024, the Federal Emergency Management Agency (FEMA) will be issuing revised Flood Insurance Study and Flood Insurance Rate Maps for Sarasota County, Florida, and its incorporated areas which includes the City of North Port.
The City Commission has found that it is in the public interest to periodically amend the Unified Land Development Code (ULDC) to identify the effective date of FEMA’s revised Flood Insurance Study and Flood Insurance Rate Maps (FIRM). The proposed amendments to ULDC Chapter 17- Flood Damage Prevention Regulations are necessary for the City to maintain compliance with the Office of Floodplain Management (OFM).
The City Commission finds that its action serves the public health, safety, and welfare of the citizens of the City of North Port.
City staff finds the proposed amendments are consistent with the following sections of the City of North Port Comprehensive Plan, Conservation and Coastal Zone Management Element Goals, Policies, and Objectives (GOP’s):
Objective 2: The City shall review and update its Unified Land Development Code to include development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas resulting from high-tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea level rise.
Policy 2.1: The City shall continue to enforce FEMA, DEP, and local setback and height requirements for the safety of structures, especially those located along the Myakkahatchee Creek (or-other similar waterbodies) which are in the CHHA and/or FEMA Flood Zone "A," "AE," and/or "VE." Furthermore, the City shall discourage further development and redevelopment activities within these areas, with the exception of providing passive recreational access to these areas.
Policy 2.2: For those portions of the City within the CHHA and/or FEMA Flood Zones "A," "AE," and/or "VE," the City shall require best management practices for structural design elements that mitigate damage from storm and coastal flood events to structures and allow for the freer flow of water, such as elevating structures via stilts, constructing stem walls, and locating parking areas on the ground floor of commercial buildings.
Policy 2.3: In tandem with the development and redevelopment standards of the Unified Land Development Code, the City shall enforce:
1. The most recent Florida Building Code which provides for wind-resistant building construction;
2. The applicable flood-resistant construction requirements in the Florida Building Code; and
3. The applicable flood plain management regulations set forth in 44 C.F.R. part 60.
Policy 2.4: The City shall amend its Unified Land Development Code to enforce practices designed to reduce losses due to flooding and claims made under flood insurance policies issued in the state.
Policy 2.12: The City, through implementation of its Unified Land Development Code and Comprehensive Plan, master planning processes, and support of local, state, or federal initiatives or agreements, shall limit impacts related to development or redevelopment activities which could have negative impacts upon wetlands, water quality, water quantity, wildlife habitat, living marine resources, shorelines, littoral zones, and historic resources.
Objective 3: The City shall protect significant natural and cultural (i.e., historic and archeological) resources from the direct and indirect perils of sea level rise, storm surge, and other coastal flood events.
Objective 4: The City shall work with local, regional, state, and federal partners to build a resiliency system (generally defined as "plans, projects, initiatives, and resources that are coordinated in a manner to maximize their overall ability to create a more resilient community") capable of protecting its current and future residents and businesses from the direct and indirect impacts of sea level rise, storm surge, and other coastal flood events.
Policy 4.14: The City shall pursue public and private funding sources for the development and implementation of the City's comprehensive adaptability and resiliency strategies by, but not limited to:
1. Federal and State grants and technical expertise assistance;
2. Local stormwater utility fees and capital improvement plan prioritization:
3. Public/private partnerships; and/or
4. Other sources of funding as they become available.
Objective 5: The City shall educate the public about the dangers associated with the direct and indirect impacts of sea level rise, storm surge, and other coastal flood events.
Strategic Plan Pillars
Safe Community
Sustainability
Good Governance
Financial Impact
If the effective date of the FIRM is not updated in the land development regulations, the City of North Port will be out of compliance and not eligible to participate in the National Flood Insurance Program. The residents of a community that does not participate in the NFIP after being identified for one (1) year as flood prone, has withdrawn from the program, or is suspended from the program, will not be able to purchase a flood insurance policy and existing flood insurance policies will not be renewed.
Business Impact Statement
Pursuant to Florida Statutes Section 166.041(4)(c), a business impact estimate was not required because this ordinance is enacted to implement Part II of Florida Statutes Chapter 163, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements, and development permits.
Procurement
Not applicable.
Attachment:
1. Ordinance 2024-04
Prepared by: Hank Flores, AICP, CFM, Planning & Zoning Manager
Department Director: Alaina Ray, AICP, Director of Development