CITY OF TALLAHASSEE
CITY COMMISSION AGENDA ITEM
ACTION REQUESTED ON: October 7, 2009
SUBJECT/TITLE: Introduction of Ordinance #09-O-48, Revisions to Flood Damage Protection Regulations
TARGET ISSUE: Environmental and Energy Resources

STATEMENT OF ISSUE

The Federal Emergency Management Agency (FEMA) has revised the Flood Insurance Rate Maps that are used to determine if properties are located in flood prone areas of the City and therefore required to meet the City’s regulations regarding flood damage protection. As part of the map revision process, FEMA has advised the City that several changes to the Flood Damage Protection chapter of the City’s Land Development Code, Chapter 6, need to be made. We have developed a draft ordinance that is recommended for introduction to the City Commission to implement FEMA’s recommendations. (Attachment 1)

Commissioner Lightsey and Mayor Marks, the Environmental and Energy Resources Target Issue Committee, are the sponsors of the ordinance.

RECOMMENDED ACTION

Option 1: Introduce Ordinance #09-O-48 and schedule the first and only public hearing for the regular City Commission meeting on October 28, 2009.

FISCAL IMPACT

None

Robert L. Herman, Director, Growth Management Department

Anita Favors Thompson, City Manager

For information, please contact: Ronnie Spooner, Building Official x7050

SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS

HISTORY/FACTS & ISSUES

The Federal Emergency Management Agency (FEMA) has revised the Flood Insurance Rate Maps that are used to determine if properties are located in flood prone areas of the City and therefore required to meet the City’s regulations regarding flood damage protection. As part of the map revision process, FEMA has advised the City that several changes to our Flood Damage Protection chapter of the City’s Land Development Code need to be made. We have developed a draft ordinance, Ordinance #09-O-48, that is recommended for introduction to the City Commission to implement FEMA’s recommendations. (Attachment 1) The following is the list of changes being made:

1. Move definitions that are specific to the Flood Damage Chapter of the Land Development Code, Chapter 6, from the general definitions in Chapter 1 to Chapter 6 for clarity.
2. Add several definitions as requested by FEMA.
3. Add the word “life” in the general statement of purpose. Sec. 6-5(1).
4. Add the word “safety” in the list of objectives. Sec. 6-6(1).
5. Add the words “or Code provision” for clarification. Sec. 6-9.
6. Change the word “or” to “and” for clarification. Sec. 6-61(1), (2) and (4).
7. Relocate and modify the standards for subdivision proposals from Sec. 6-64 to Sec. 6-61 as (11).
8. Add language to Sec. 6-61 relative to obtaining applicable permits from Federal and State agencies as (12).
9. Change the word “or” to “and” for clarification. Sec. 6-62(1), (2), and (3).
10. Change the title of Sec. 6-62(3) from “Elevated buildings” to “Enclosures below lowest floor.”
11. Add the word “or exceed” for clarity. Sec 6-62(3).
12. Relocate Sec. 6-63(3) to Sec. 6-62 as (3)a. Revise the numbering of the section.
13. Add Sec. 6-62(3)b. to provide an avenue to permit certain encroachments into the flood hazard areas with base flood elevations as long as the appropriate federal regulations are met.
14. Add Sec. 6-62(5)c. to provide an avenue to permit encroachments into regulated floodways as long as the appropriate federal regulations are met.
15. Revise the title of Sec. 6-63 for clarity.
16. Add (3) to Sec. 6-64 regarding drainage in shallow flooding areas as recommended by FEMA.

The proposed modifications were presented to the Environmental and Energy Resources Target Issue Committee on August 31, 2009. The Committee discussed the changes and directed staff to proceed with the ordinance changes that had been requested by FEMA. It was noted that none of the changes would have any impact on the City’s flood damage protection policies.

CHARITABLE CONTRIBUTIONS

NA

OPTIONS

1. Introduce Ordinance #09-O-48 and schedule the first and only public hearing for the regular City Commission meeting on October 28, 2009.

2. Do not introduce Ordinance and provide staff with alternative direction.

ATTACHMENTS/REFERENCES

1. Proposed Ordinance 09-O-48
2. Letter from FEMA to Mayor Marks dated February 18, 2009
3. Letter from FEMA to Mayor Marks dated May 21, 2009