TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Ordinance 2022-18, Amending the Unified Land Development Code, Chapter 17 - Flood Damage Prevention Regulations, Relating to Accessory Structures and Manufactured Homes in Flood Hazard Areas and Definitions.
Recommended Action
City Commission approve and continue Ordinance 2022-18, amendments to ULDC Chapter 17 - Flood Damage Prevention Regulations to second reading.
Recommended Action on Second Reading
Approve and Adopt Ordinance No. 2022-18, amendments to ULDC Chapter 17-Flood Damage Prevention Regulations
Recommended Action on Third Reading
Approve and Adopt Ordinance No. 2022-18, amendments to ULDC Chapter 17-Flood Damage Prevention Regulations
Background Information
The City of North Port participates in the National Flood Insurance Program's (NFIP) Community Rating System (CRS). The CRS Program recognizes and encourages communities to implement flood plain management activities that exceed the minimum NFIP standards.
The City is currently a Class 5 community in the CRS Program, providing property owners whose property lies within a Special Flood Hazard Area (SFHA) with a 25 percent reduction in their flood insurance premium. Additionally, properties within the City that do not lie within the SFHA receive a 5 percent reduction in their flood insurance premium should they elect such coverage.
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). These amendments are related to accessory structures, manufactured homes in Flood Hazard Areas, and definitions. These are the minimal changes needed for the City to maintain its Class 5 community rating. Chapter 17 will be entirely revisited with the future amendments to the ULDC.
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 Goals, Policies, and Objectives (GOP’s):
Policy 2.2: The City shall seek assistance from the Florida Fish and Wildlife Conservation Commission, FDEP, and other local, state, and federal environmental agencies in the protection and conservation of its fisheries, rivers, bays, lakes, floodplains, harbors, wetlands including estuarine marshes, freshwater beaches and shores, marine habitats, backyard wildlife habitats and boater awareness of manatees.
Policy 3.4: The City will develop and maintain policies on requirements for rebuilding structures that sustain damage after a natural or manmade disaster to current flood mitigation standards and building codes. An existing structure is considered substantially damaged if damage from any origin is sustained and the cost exceeds 50 percent of the market value of the structure before it was damaged.
Policy 6.3: In order to preserve and enhance the function of the 100-year floodplain and associated habitats, including wetlands, the City shall utilize the use of Transfer of Development Rights, or other techniques, and appropriate construction methods within the FEMA FIRM 100-year floodplain. Further, prior to the next Evaluation and Appraisal Report (EAR) deadline, the City shall review applicable sections of the City’s Unified Land Development Code to determine whether amendments will be necessary to strengthen the City’s ability to protect the floodplain, and associated habitats.
Objective 8: The City shall increase protection of the natural functions of the FEMA - FIRM 100-year floodplain through the establishment of revised land development regulations so that the flood-carrying and flood-storage capacity are maintained.
Policy 8.1: The City shall review and update appropriate flood damage prevention ordinances to ensure compatibility with all current state and federal water management regulatory controls, recommendations from the Big Slough Watershed Study, and consistency with the policies of this Plan.
Policy 8.3: The City shall continue its participation in the National Flood Insurance Program's Community Rating System and will undertake those activities necessary to maintain or enhance its rating in order to provide increased awareness of flood protection, reduce damage from floods, and to provide reduced flood insurance premiums for residents of the City.
Policy 8.4: To protect public health, safety, and welfare and to mitigate property loss in the built environment, the City of North Port shall enforce:
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2. The applicable flood-resistant construction requirements in the Florida Building Code;
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Ordinance 2022-18 has been reviewed by the City Attorney and is legally correct as to form.
The notice of public hearing for Ordinance 2022-18 was advertised in a newspaper of general circulation within the City of North Port, Florida, on July 18, 2022.
The Planning and Zoning Advisory Board heard this item at their regularly scheduled meeting on August 18, 2022. The Board voted 3-0 to recommend that the City Commission approve Ordinance 2022-18, as presented and found the proposed amendments are consistent with the City of North Port Comprehensive Plan.
Information for Second Reading
During the City Commission Regular Meeting held on September 13, 2022, the City Commission approved Ordinance 2022-18 as presented and continued it to second reading.
Information for Third Reading
This ordinance was scheduled for second reading on September 27, 2022 and advertised accordingly; that City Commission meeting was canceled due to Hurricane Ian and second reading was rescheduled on October 6, 2022. At the October 6, 2022 meeting, the City Commission voted to approve the ordinance. The next day, the City Attorney’s Office determined that the second reading was not properly advertised, as the advertisements specified a second reading date of September 27, 2022. The City Attorney’s Office advised that the ordinance be readvertised and scheduled for a third reading and adoption at the October 25, 2022 Commission meeting.
Strategic Plan Pillars
Safe Community
Sustainability
Good Governance
Financial Impact
If the CRS rating is decreased, the potential economic impact on property owners would be unfavorable. Their flood insurance premiums could increase as they would no longer be eligible for the flood insurance premium discount.
Procurement
Not applicable.
Attachments: 1. Ordinance 2022-18 - First Reading
2. PZAB Action Report
3. Ordinance 2022-18 - Second Reading
4. Ordinance 2022-18 - Third Reading
Prepared by: Sherry Willette-Grondin, Planner III
Lori Barnes, AICP, CPM, Planning & Zoning Division Manager
Department Director: Alaina Ray, AICP, Neighborhood Development Services Director