Commission Agenda Item

MEETING DATE:  2/12/2018

SUBJECT:  Ordinance 18-05, Second Reading: Land Development Regulations (LDR) Text Amendment - A request by the City of Alachua to amend the LDRs to coordinate the City's floodplain management regulations with the Florida Building Code; to amend Section 2.4.7, Variance Permits; to amend Section 2.4.15, Certificate of LDR Compliance; to repeal Section 6.9.4, Floodprone Area Standards; to adopt a new Section 6.9.4, Floodprone Area Standards, to adopt flood hazard maps and to designate a floodplain administrator; and to modify Section 10.2, Definitions, to amend, delete, and add definitions related to the regulations established in new Section 6.9.4, Floodprone Area Standards (Legislative Hearing).

RECOMMENDED ACTION:

Staff recommends that the City Commission find the proposed Text Amendments to the City’s Land Development Regulations (LDRs) to be consistent with the City of Alachua Comprehensive Plan and in compliance with the City’s LDRs and adopt Ordinance 18-05 on second and final reading. 

Summary

The Florida Department of Emergency Management (FDEM), which is the State agency responsible for the implementation of mitigation strategies to reduce or eliminate the loss of life and property by lessening the impacts of disasters, including floodplain management and mitigation, contacted City Staff and requested adoption of the FDEM model ordinance for floodplain management. The FDEM model ordinance is coordinated with the requirements of the Florida Building Code (FBC), and is intended to implement local floodplain regulations which are consistent with the FBC.

FDEM and the Federal Emergency Management Agency (FEMA) have worked together to develop the FDEM model floodplain ordinance, which has been recognized by FEMA as meeting the requirements of the National Flood Insurance Program (NFIP). The City has been a participant of NFIP since 1994.  As such, adoption of regulations implementing the FDEM model ordinance ensures the City remains compliant with NFIP requirements. Included within Exhibit "A" of the Staff Report (attached hereto) is a letter from FEMA to FDEM acknowledging that the flood resistant flood requirements of the FBC and the FDEM model floodplain ordinance are compliance with NFIP requirements.

City Staff has worked with FDEM to ensure that the regulations found within the model floodplain ordinance are tailored to fit within the structure and organization of the City's LDRs. FDEM has verified that the proposed amendment will accomplish this objective.

On January 9, 2018, the Planning & Zoning Board (PZB) held a public hearing on the proposed text amendments to the City's LDRs. Following the close of the public hearing, the PZB voted 5-0 to find the proposed Text Amendments to the City’s LDRs consistent with the City of Alachua Comprehensive Plan and in compliance with the City's LDRs and to transmit such finding to the City Commission with a recommendation to approve. Draft minutes of the January 9, 2018 PZB Meeting are included within the materials attached to this item.

On January 22, 2018, the City Commission held the first reading and a public hearing of Ordinance 18-05. At the close of the public hearing, the City Commission voted 4-0 to find the proposed text amendments to the City's LDRs consistent with the Comprehensive Plan and in compliance with the City's LDRs, and approved Ordinance 18-05 on first reading.