BCS-22-0270

Every appearance4 of 6 are in a recording

Each appearance carries the official title above. Where the county’s wording changed, the change is marked: added and removed. Steps with no marks were worded identically.

TranscriptWhat was said at each appearance is below it. Machine transcription, with speaker names inferred from voice matching. 90% of 286 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong. 2 of the 6 appearances are not in any recording, so what was said at those is not here.

1. 1Jun 2, 2022
   Planning CommissionPC4Public hearingNo disposition in the minutes

   (Continuance) - An Ordinance By The … In Coastal A Zones; Re- Codifying Re-Codifying Elevation Information Prior To … In Coastal A Zones; Re-Codifying Re- Codifying County Approval For Letters … Map Changes To Fema; Re-Codifying Re- Codifying Encroachment, Development, And Fill … Other Development In Floodways; Re-Codifying Re- Codifying Fema Guidance, Publications, And … And An Effective Date.

   Open this item →No recording
2. 2Jun 21, 2022
   Board of County CommissionersP62Public hearingContinued

   Approved minutes

   Continued to the August 9, 2022 Board of County Commissioners meeting at 1:30 p.m.

   Open this item →▶ Play from 14:35
   ▶ 14:351m

   StarkeyChair

   14:35for coming, but we're we're gonna move on to the um public hearing. And the first one up is P sixty two.

   Nikki Alvarez

   14:43Item P sixty two was published in the Tampa Times on May eighteenth, twenty twenty-two.

   Denise

   14:51Do you want me to wait in a few seconds or

   StarkeyChair

   14:53give him just a few seconds?

   15:02They're being very quiet and respectful, so I think you can go.

   Denise

   15:06Okay, thank you. Madam Chair, Commissioner Oneise Hernandez planning on the vote.

   StarkeyChair

   15:10Most of them were.

   Denise

   15:11Planning and development, good afternoon. Um item P sixty-two is BCS twenty-two zero two seven zero. This was actually um published in the agenda agenda as a continuance to the August 9th, 2022 Board of County Commissioners meeting at 130 in Dade City. I'll take a motion. Oh, do

   StarkeyChair

   15:29I have to see if anyone wants to speak? No, it was advertised. Okay.

   MarianoVice Chair

   15:33Continued time certain. Second.

   StarkeyChair

   15:36All in favor? Aye.

3. 3Jul 7, 2022
   Planning CommissionP14Public hearingNo disposition in the minutes

   An Ordinance By The … And Certain Accessory Structures; Adding Requirements For Activities Altering Sand Dunes Or Mangrove Stands In Coastal A Zones; Re- Codifying Elevation Information Prior To Issuance Of A Certificate Of Occupancy In Coastal A Zones; Re-Codifying County Approval For … And/Or Re-Codifying Restrictions On PC Addendum Agenda Location Of Critical Facilities, … Accessory Structure, Agricultural Structure, Coastal A Zone (Caz), Critical Facility, Declaration Of … Of Map Change (Lomc), Limit Of Moderate Wave Action (Limwa), Market Value, New Manufactured … And An Effective Date.

   Open this item →▶ Play from 1:08:39
   ▶ 1:08:3937m

   Denise

   1:08:39All right, we are finally at P14. BCS 220270, this is a modification to the Land Development Code, Section 1104, flood damage prevention. This will be presented by my colleagues in building construction services. I do want to say that um there is a correction on your agenda memo, the first the first paragraph on your agenda memo, I believe it's under the background. It should say August twenty fourth, twenty twenty-two, and now it says August twenty-fourth, twenty twenty-one. That's a just

   1:09:09a a typo. Okay, so just wanted to call out the correction. Thank you.

   Unidentified speakerVoice A

   1:09:14Thank you.

   1:09:18Esther?

   Esther Lemie

   1:09:20Good afternoon, Mr Chairman Mariano. Planning Members, my name is Esther Lemie. building construction services and also the current building official. Uh, what you have before you is the revised flood ordinance for Pasco carrying. This is section 1104 flood damage prevention, in accordance with FEMA regulations. And this brings us into conformity with the NFIP, which is the National Flood Insurance Program.

   1:09:50And this is the BCS twenty two zero to Seventy

   1:09:57Less like this.

   1:10:01So I'm going to try to explain to you the changes that we're making to the ordinance and um The overview. Pasco County's strategic plan, the first one, one point one, actually stated that uh We promote and participate in the National Flood Insurance Programme. This is in support of the thriving community amid flood impact on life and property. And uh Pasco County has been a member of the NFIP

   1:10:31since November eighteenth. Nineteen eighty one. And this allows our residents to purchase federally back. Flood insurance. Likewise, we've been a member of CRS since October 1, 1992. This is the community rating system. And this allows Pasco County residents to provide them with flood insurance discount. As of this day, we are class 6, which

   1:11:01gives our residents 20% discount.

   1:11:06Next slide.

   1:11:09And this is showing the uh Pasco County flood zone map. All the blue are are the the areas that is in flood. Next slide, please. And this one is Again, showing that we are class six in the C R S classification and uh with a premium discount of twenty percent to our residents and as of As of December 2021,

   1:11:40we have 19,015 policies in Pasco County, with a total savings of $3.1 million a year. Next slide.

   1:11:53And this is to just show us. With no discount, with our present class six discount, and if we get to class five, the savings. And we try as much as possible to take homes that are average like the the the Kosovo V zone home that we took. It's uh about two fifty thousand dollars for the home. on the water. And uh The this

   1:12:23the the insurance premium without discount is seven thousand nine hundred and sixty-two. With twenty b 20% discount is 6,369. And if we get to class five, which we're close in getting to, The discount will be five thousand nine hundred and se the discount will be nineteen ninety one.

   1:12:50So the air zone, which is the least flood zone. The insurance premium with no discount is seventeen nineteen. With class six is thirteen seventy-five with a annual discounts of three hundred and forty-four. And if we get to class five, the insurance premium will be twelve eighty nine, with annual savings of four hundred and thirty. So you can see that even with the coastal and V zone

   1:13:20is substantial savings. Right now, $1,593, and if we get to the class five, it's $1,991, which is almost $2,000 savings. Next slide, please.

   1:13:37So these are the requirements. This is what FEMA requires for us to stay in class 6. We are to adopt the new Federal Emergency Management Agency Flood Insurance Study and Flood Insurance. These four bullets I'm going to try and take them one at a time to explain what it entails. Next slide.

   1:14:03The first one is to adopt the new Federal Emergency Management Agency map. This map is already approved by FEMAN in June 2020, so we're bringing it forward now to be adopted by the County. Next flight flight.

   1:14:20The second point is to eliminate the 36 inches option for manufactured homes. And this is in the the the The homes that are that are affected the the communities that are affected are actually about three communities. We've gone away from it whatever but we still have three communities one on the east side and two on the west side and already these changes is already in the Florida

   1:14:50building code. Where you see the green writing that means it's already in Florida building. We're already enforcing it as it is right now. Next slide, please.

   1:15:05So this is the Wet proving of large agricultural structures in flood zones. And if you go to the next slide, you can see what I mean. You can see the picture of it. Yes, they can have this, any structure that is over six hundred square foot, they can wet proof it. That means it could be on grade, on slab, with flood vents. and uh probably uh flooring that water can pass through.

   1:15:37So next slide.

   1:15:42The last proposal that is required by FEMA to stay for us as a community to stay in class six is standardise the use of market value for substantial improvements to existing structures. Uh is this is to s uh right now you have market value there are three options. You could go by the sales or by uh the

   1:16:11the value of the structures minus the land, or just the property appraises value. adjusted by 15%. But FEMA is now making it mandatory to eliminate the sales comparison, to stay with the market value, with the raw value of the structure. At all. To go with the property appraisals value adjusted by 15%. So these are the recommendations, these

   1:16:42are not recommend these are the requirements by FEMA. For the current to stay at class six.

   1:16:54Any question?

   Christopher Poole

   1:16:56Since you threw it out there, Esther, I'm gonna just only from my own education. So you you said we're close to class five. What changes or what needs to change to get us to? Well I

   Esther Lemie

   1:17:07have

   Christopher Poole

   1:17:08again just from my own education.

   Esther Lemie

   1:17:09Yes. We are really close to class five. We have a FEMA visit coming this September and I have my colleague here that is the CRS coordinator that is seated in New RTOC. Uh again, it's not the building construction services alone that contributes to getting us into class five. We have the PDD, we have VOC, we have Watershed, and all those departments, the CRS

   1:17:40coordinator brings them all together. We have two other proposals that we are going to present to the board. That will also help us to get to that class five. We're close.

   Christopher Poole

   1:17:53Mm. Okay. Thank you.

   GirardiVice Chair

   1:18:02Mr. I don't think this is a change, but just clarification for me.

   1:18:09In eleven oh four point two applicability this ordinance takes precedent over construction that's otherwise exempted from the Florida Building Code.

   Ron Ruprecht

   1:18:24Mm-hmm.

   GirardiVice Chair

   1:18:24And it lists things like railroads, non residential farm buildings, chickies. Which I'm kinda trying to figure out. How that one works since a Chicky's constructed over water, which should generally be in zone V, so basically we'd be telling the Micosukee Indians You can't ever build a chickey, at least in Pasco County. The way I read it and maybe Elizabeth if am I reading it wrong? No,

   attorney to the tourist development council

   1:18:50I actually did not work on this ordinance. I'm not familiar at all.

   GirardiVice Chair

   1:18:55So I have some concern that We may be overstepping rights that are granted to others in pursuit of the insurance discount.

   Esther Lemie

   1:19:10Oh I'm going to look into that and get back with you on it. But from what I know that the chicken It's not we they don't need a permit. I'm sorry, Sissy. It's not if it's it if it's if it doesn't have any electricity or plumbing, it's not required. Committing is now required. I understand. Yes.

   GirardiVice Chair

   1:19:37Right, but it does say elsewhere in this ordinance that if a permit's not otherwise required, you're still subject to other sections of this ordinance. So I think that's creating Kind of of A problem for the legality of those structures which the legislature set out to make sure that those can happen. But something that needs to be looked at.

   Esther Lemie

   1:20:02Okay. We'll look into it and see if How can I say?

   GirardiVice Chair

   1:20:06The other one that I noted is an eleven oh four point five. And this has to deal with development permits. Normally our development permits, site development permits in this county are valid for five or six years from the date they're issued and It just basically gives you a hundred and eighty days to start or you're done. What's the reason for the hundred and eighty day time limitation?

   attorney to the tourist development council

   1:20:33Where's that citation join?

   GirardiVice Chair

   1:20:35It's eleven oh four point five A five. Okay, eight five. Yeah, ten of thirty one.

   1:20:43Ooh.

   1:20:54And where I was preferring to about developments that are exempt from Florida building code and permitting it That's addressed in

   attorney to the tourist development council

   1:21:03I saw that.

   GirardiVice Chair

   1:21:04Page fifteen of thirty-one, number twelve.

   Esther Lemie

   1:21:11Yes, um I'm looking at it, I know for a fact that majority of what is um referred to in this is vertical construction. And in accordance with the Florida building code, anything that is not done within a hundred and eighty is considered abandoned. But there is still a room to give us to apply to be extended. And 99.99% of the time We keep it alive.

   GirardiVice Chair

   1:21:41Right. But this says development permits, this wasn't vertical construction.

   1:21:46Right. It's development permits, horizontal permits. So I'm concerned that that takes a substantial amount of time and especially in the environment that we're in, right now it takes some of my clients six to nine months just to acquire the materials they need to commence their construction. So I'm concerned that that places an inordinate burden on them to get started or lose their Development approvals. Although I do see there's an opportunity for an extension, but that's only for at a hundred and eighty

   1:22:16days of a shot. Whereas the normal The normal development approval I believe is six years from the date of issue.

   Esther Lemie

   1:22:25Yeah.

   1:22:27So we look into it and we um get with the zoning administrator to see if that could be

   GirardiVice Chair

   1:22:36It's not necessarily an objection but it's question. Yes, okay.

   attorney to the tourist development council

   1:22:40Just one other thing to consider too, even though I didn't work on this, there are specific definitions that pertain to this section that maybe need to be referred to for clarity on a few questions. I'm not sure. Because when Cindy Jolly originally worked on this, there was a series of definitions specific to just this port part of the code.

   1:23:00Put your attached back here, but I'm not sure if this is all of them.

   GirardiVice Chair

   1:23:09Um question regarding tanks. It says in F2B that above ground tanks not be permitted in coastal high hazard areas zone V.

   Unidentified speakerVoice B

   1:23:24Mm-hmm.

   GirardiVice Chair

   1:23:26Does that apply only to new tank construction or does that prohibit tanks which already exist in zone V?

   Esther Lemie

   1:23:36It's it's only applies to new tanks moving forward.

   GirardiVice Chair

   1:23:41New tanks only. Okay.

   1:23:49And then this goes on page 22 of 31.

   1:23:55Regarding fences and floodways And again, fences in coastal high hazard areas on the following page 23. I'm not necessarily opposed to what the proposed ordinance is trying to achieve. but it somewhat conflicts with the current permitting requirements in the county. Right now the county doesn't require permits for fence. So

   1:24:26now if you're in a floodway or you're in a coastal high hazard area zone V, Are we creating a de facto fence permit or are we going to change other portions of the code to add fence permitting

   Esther Lemie

   1:24:44Well we've got to be a little bit more than a little bit.

   GirardiVice Chair

   1:24:47Enforced.

   Esther Lemie

   1:24:49We will under that by um We still have about a few months to go to get all these things through. And uh we will put that into consideration and we will ask with the zoning administrator to see what we needed to do with that if we have to put it to permit fences in the velocity zones or whatever else that we need to do.

   GirardiVice Chair

   1:25:14And I just I mean I have a concern it says the fence shall be designed to fail during the design flood. So does that mean we now require a professional engineer to design a fence?

   1:25:29So we add these things, what I'm getting at is there are other consequences that we may be cre or I should say unintended consequences that we may be creating.

   1:25:42But I also understand that we're also being arm twisted by the federal government to do this too, so

   Unidentified speakerVoice A

   1:25:54Estram I just have just uh this is probably a stupid question, but uh is everything in this ordinance, these revisions, all the stuff that's required to maintain us in class six? So this is all required to maintain class six? Yes. W there's nothing in here that addresses trying to get us to class five?

   Esther Lemie

   1:26:12No.

   1:26:15Nothing in here that is uh this is all to maintain us in class six.

   Unidentified speakerVoice A

   1:26:19Okay, so these are all just requirements. Is it something that the federal government's requiring us to do? There's nothing in here

   Esther Lemie

   1:26:23that's not a

   Unidentified speakerVoice A

   1:26:24requirement.

   Esther Lemie

   1:26:25This is requirements, yeah.

   GirardiVice Chair

   1:26:26Savant did you just say there was?

   Esther Lemie

   1:26:32Yeah, those are just clean up languages that the state Yeah.

   GirardiVice Chair

   1:26:44I miss her.

   1:26:51Okay. And then one last question, and I don't really care on the matter. But why are variances to this particular section of the land development code why is the power to grant those being stripped away from this body and granted to a hearing officer?

   attorney to the tourist development council

   1:27:10That's gotta be a typo. Mm-hmm. Where is that?

   GirardiVice Chair

   1:27:15That'd be top of page twenty-six of thirty-one. No planning commission is clearly crossed out and hearing officer is underlined.

   attorney to the tourist development council

   1:27:27We have no mechanism that I'm aware of in the County Attorney's Office where we refer anything to a hearing officer. So I don't know how that trigger would happen or what that process would look like.

   Esther Lemie

   1:27:37This is uh the flood, everything that we do in flood uh does not even go to the uh construction board. It goes to an earning officer. And it's in conformity with that that we discuss this uh with our attorney. What? Uh Could you

   GirardiVice Chair

   1:27:56I'm not familiar with the process, so maybe you could help.

   attorney to the tourist development council

   1:28:00Okay, then I'm sti staying out of this because she reviewed this

   GirardiVice Chair

   1:28:02nice.

   1:28:06So how does that process work?

   Esther Lemie

   1:28:08Yeah, the right now the we we don't even have any variance for flood. So the the FEMA is introducing this into

   1:28:20Uh that we need to have a process for variances. So far I've been in the country for six years and we've not had one.

   GirardiVice Chair

   1:28:29Well after this gets adopted we may get some requests.

   Esther Lemie

   1:28:35Yeah.

   GirardiVice Chair

   1:28:42That's all the questions that I have.

   1:28:47Anybody else?

   Chris Williams

   1:28:48I just want clarification about the good point.

   1:28:53Y you're you're taking the Planning Commission out of it because you spiked it out. You know do we have a hearing officer currently?

   Esther Lemie

   1:29:02Yeah, we have an airing officer that hears all of our flood voulitions.

   Chris Williams

   1:29:11But So you said okay, I didn't quite understand it. So you're saying we do have a hearing officer in place at the current time? Yes sir. And who is that person? Um or where is that person located at? And is it the is he he or she an employee of the city, county, or state? Who employs the hearing officer?

   Esther Lemie

   1:29:34Th the construction board is governed. This is not I know enough just to be dangerous in this arena. the construction board and and um uh county attorneys B uh take us to the construction board and they took out anything that is in flood to be heard by the hearing officer. The hearing officer is obtained and is retained and is paid for by the 1104

   1:30:05funds.

   Chris Williams

   1:30:06Okay, but where is the hearing officer located at? If I were to look if I were to pull up my phone and say, I need the hearing officer for Pasco County What would I receive as an answer?

   Esther Lemie

   1:30:20Uh I can give you the name and the person that we use right now. I don't know whether the person is located but every other month they are either here in this city or at Nepal region to hear all those cases.

   GirardiVice Chair

   1:30:35Okay, penguin. Who? What? Power were they granted this authority? Who granted them this authority? Is that somewhere in our county charter?

   attorney to the tourist development council

   1:30:46I um no, right? I'm not familiar at all. I'm

   Esther Lemie

   1:30:49sorry. I I will let you know who grant it, I will confer with a county attorney that represents us and I will let you know.

   Chris Williams

   1:31:07You've got you've got the hearing officer quite a bit of power if you read through this here, and I honestly like I have not, but just these eleven paragraphs that they address that hearing officer has a considerable amount of power to hear something. It's just I assume We don't know who they are. They're what and

   GirardiVice Chair

   1:31:23we don't

   Chris Williams

   1:31:23know who they are. Well yeah, that's the point. You're granting all this power to somebody and You know, s I drive from here to point if I go home I get stopped by a police officer, at least I know who I can go to to u object to the ticket if I receive a ticket or whatever violation I I have a person that I can go to, a judge or somebody, but

   1:31:47Great.

   Esther Lemie

   1:31:49Yeah, uh I the only thing I can say is I can let you know who the Owning Officer is. But uh this is we've never had a single variance case, but Everything that is in violation that is in flood goes to the hearing officer, that is conducted by the

   1:32:08representative in the county attorney's office.

   attorney to the tourist development council

   1:32:13Are are you referring to the co-construction board as the hearing officer or is the hearing officer someone else?

   Esther Lemie

   1:32:18Not the co not the constru is the equivalent of the construction board. The HRE, uh hearing officer, the same the same hearing officer that is being yes, that's what normally hears the

   attorney to the tourist development council

   1:32:35We do have another body just so you're aware, Peter, that the co construction b basically the here violations of the Florida Building Code. Yes. And that's the pr prosecuting attorney in our office does handle those matters before then but that's the only other body that I'm aware of outside of going into the court system for code violations or going through the administrative or process of Planning Commission and BCC for things. So

   GirardiVice Chair

   1:32:57Elizabeth when you say the prosecuting attorney Does that person sit in judgment or just prosecute the case?

   attorney to the tourist development council

   1:33:04I think they present the violation to the co-construction board. Right, but they don't sit in

   GirardiVice Chair

   1:33:08judgment, they just prosecute

   attorney to the tourist development council

   1:33:10the case. No, no, they just it's just like going into the court system with a code violation, but they go to a different board that specializes in the Florida building code, which the courts can't really do. They don't know it enough. So the hearing officer must be someone else like that.

   1:33:25My assumption.

   Unidentified speakerVoice A

   1:33:31Okay, is there anything else? I guess Esther, are were you done? Yeah, I'm done.

   1:33:38John, did you have anything

   GirardiVice Chair

   1:33:39else? kind of point of order. I didn't know if it was appropriate for discussion. I'm finished asking

   Unidentified speakerVoice A

   1:33:45questions. Sure. Yeah, I guess is there anybody here to speak on this item? Okay, Barbara? Thank you, Esther.

   Barbara Wilhite

   1:33:57Barbable Height, [address removed]. Somehow. Myself and Mr. Moody. Have become the shepherds of this ordinance for the outside world. We thank you. Yeah. The staff has done an amazing job on something very technical. And really working through things. And they really had the focus of What's really required, what's not, making sure they're not doing anything that's required and we're

   1:34:27watching them. We're helping them. We really are helping them. They've been very collaborative and I You know, I've been doing this a very long time and I see that collaboration comes and goes sometimes and I want to recognize it when I see it. And um Sally Sherman's leadership Esther's leadership in trying to really get this figured out and make sure there's not unintended consequences. That's my sole focus of spending a lot of this time, my own time. I don't have any time to do anything. Um But my focus has been on it not having unintended consequences.

   1:34:58And every time we ask a question they follow up. And they they're like, Oh That might have had an unintended consequence and they change it. And I think that's gonna continue. I think we continue we don't ask questions here because we're like gotcha, because we're continuing to read it as they're continuing to work on it. And so it's not, you know, like we're coming here and and trying to to to do something without letting them know because they really reached out and made every opportunity to uh work with with us. John and I, the two chosen ones from f for whatever reason, trying

   1:35:28to make sure you know, I hear the stories um from builders and folks that work in Penellas County that this their ordinance changes weren't vetted. Like we're trying to vet them and like your staff's trying to vet them. It's created a lot of unintended consequences. So Thank you. Thank you for wanting to share the mission of not having unintended consequences and doing this right for Pasco. The I don't have a lot of things as an attorney what I look at is kind of wording and so I would ask I get a little confused because sometimes the ordinance says

   1:35:59flood hazard area and sometimes it says special flood hazard area. So I'm like, are those the same? Are they different? So th there okay, so maybe we can make that wording consistent. I think it's supposed to be special flood out hazard area, so make that consistent so that we don't have like and so I because I think I understand special flood hazard area is the A zone and the V zone. So If we could make that clear. And then any time um Just make sure that we're not going to be able to Especially in the that last

   1:36:29section we've we've talked about that's all underlined so I can't see where the changes are. Just make sure we know what those provisions apply to because when you look at that last session it it kind of became a mosh pit of stuff. It used to be two sections and it said, hey, if you're in the A zone you do these things and you're in the V zone you do these things and if you're a floodway you do these things. But now we kinda have it all in one thing. One section Um which is fine, but we just need to make sure each time we talk about a requirement What is that applying to? Is it applying to special

   1:36:59flood hazard area, which is the cumulative A in and uh V is a talking to just the V zone, which also has you know, you see V zone and cultural I has very used, but you've been really good about saying coastally hazard area than pointing out to us that means the B zone. So I think that's helpful. Um I think some of the points that that um John has has pointed out Perhaps it's really supposed to just say building permit instead of development permit, because development permit as we know is the whole All

   1:37:30the approvals that we do. Um so maybe if you would look into that and I think it's in the current ordinance and I could that is not enforced that way or interpreted that way because I would know. 'Cause it have some pretty upset clients.

   Denise

   1:37:43If I can make a comment about that, 'cause I was looking at the current ordinance and the current current ordinance uses a term which is defined in the land development code. It uses the term flood plain development permit or approval.

   Barbara Heck

   1:37:55Oh.

   Denise

   1:37:55And the definition of that term in the LDC is an official documents or certificate issued by the county or other evidence of approval or concurrence which authorizes performance of specific development activities that are located in flood hazard areas. And that are determined to be compliant with this code. So the word floodplain was dropped off of that term and so now it gives us the impression that it's a development permit.

   GirardiVice Chair

   1:38:19Well, but similarly, any development within a floodplain would be approved by the preliminary development plan, construction site plan, and stormwater management plan report process. No. That's the current vehicle for it.

   Barbara Wilhite

   1:38:35Those are my comments. And we'll keep working on it with you all all the way up to adoption and and keep working. So appreciate it.

   GirardiVice Chair

   1:38:43Okay. I have one more question for you. staff if I can. And that just has to do with the timing. And that is I understand that we're trying to get this done prior to the FEMA auditors coming in September.

   Esther Lemie

   1:39:01Yes, sir.

   GirardiVice Chair

   1:39:05Would we be doing detrimental harm to the schedule. if we were to kind of continue this for till maybe the next meeting where we can get some More clarifications and kind of the last little bugs ironed out. Or would we be endangering not having this in place in time for the auditors to be here?

   Esther Lemie

   1:39:34Yeah, um

   1:39:37I think uh Really too it would be cutting it close. Yeah, between

   GirardiVice Chair

   1:39:43that. Are there enough commission meetings in between now and then that could accommodate we I I'm not sure I'm sorry.

   Esther Lemie

   1:39:50I don't think so. I'm not sure. Hattie. Thank you.

   Unidentified speakerVoice C

   1:39:56We've had an added one on the all this language adoption the twenty-fourth. I don't know when your visit is, but that'll see.

   Esther Lemie

   1:40:04Is there any other is there any other planning commission meeting?

   Unidentified speakerVoice C

   1:40:08So we would have um 721, which is New Port Richey, which is the next one, and then we would have Um

   attorney to the tourist development council

   1:40:19August ninth for the first board planning commissioner meeting.

   Unidentified speakerVoice C

   1:40:22Yeah, we would have a planning commission board with the unit closed to go to the the nine. So seven twenty one would probably be the

   attorney to the tourist development council

   1:40:33The next uh seven twenty-one for this report. Yes, right.

   Unidentified speakerVoice A

   1:40:37So And then eight nine for the B C C hearing for the first time.

   attorney to the tourist development council

   1:40:47It has to have two readings. There's two readings, right?

   Esther Lemie

   1:40:49Two readings.

   attorney to the tourist development council

   1:40:50So but are there's there's two meetings in August, correct? Yes. May twenty fourth.

   GirardiVice Chair

   1:41:01Okay. Well you answered the question.

   attorney to the tourist development council

   1:41:05She was just

   GirardiVice Chair

   1:41:05worried about agenda

   attorney to the tourist development council

   1:41:06quality and deadlines.

   GirardiVice Chair

   1:41:07No, I I I understand that

   attorney to the tourist development council

   1:41:09we would yeah.

   GirardiVice Chair

   1:41:12Four.

   attorney to the tourist development council

   1:41:13Right.

   GirardiVice Chair

   1:41:15For the benefit of those Barbara indicated that she and I have somehow been appointed shepherds of the ordinance. We've been working on this since May We've had various discussions with staff and they're and then let me say Staff has gone out of their way. to address our concerns and they've come back with changes which have directly addressed our concerns. Um Mr. Patel

   1:41:46is w probably one of the most diligent county employees I've ever met in all the time that I've been here. So they've been pretty good about that. But there's still a few outstanding questions. One of them has to do with wave run-up analyses. that's something new that is now going to be required for construction in zone V. And I was particularly sensitive to that issue and that I run a small engineering firm and One of the requ current requirements in our land development code is that Any structure

   1:42:17development which is over five hundred square feet a new impervious surface requires a drainage plant well When the Public at large calls around to engineering firms and needs a drainage plan for their single family home or their tool shed. The big firms go, Well, I'm busy working on the five thousand unit MPUD, I don't have time to work on your tool shed. So I do them. I do them more as a community service and my concern with the wave run up analysis is

   1:42:48that someone who needs a wave run up analysis, which I haven't got clue how you do, and I'm not sure if you do, Jamie. Um I did some research into it and it looks kinda complicated. My fear is that they're not going to be able to get the surface. So you're telling the public you need to go get this done, you need to get this engineering done, but there's that service isn't available to them or at an affordable cost. And Mr. Patel last night was back and forth with the state trying

   1:43:18to help us on that issue. I saw his correspondence back and forth with the Department of Emergency Management, and I say we'll say he went to bat for us. But there's still some questions about whether we have some leeway. So I'm suggesting that maybe a little time to get The rest of these answers before this goes on to the board might be appropriate.

   Unidentified speakerVoice A

   1:43:39Yeah, and that kind of goes back to my question as far as required versus well, I'll call it a requirement list and a wish list. I mean I the way I understand to go from zone or from class six to class five, there's additional requirements that have to be made part of the code. Those additional requirements, yes, would pass along or be a pass-through savings to the residents. However, there's a costs associated with those additional requirements. And it's and it's weighing those, my understanding is it's weighing those costs and

   1:44:09what it costs to abide by the additional restrictions on the wish list versus the requirements.

   GirardiVice Chair

   1:44:15And

   Unidentified speakerVoice A

   1:44:15most of

   GirardiVice Chair

   1:44:15those costs are being borne by those on the coast, not those who are reaping the most benefit inland.

   Unidentified speakerVoice A

   1:44:26So I guess all that being said, I mean what what is staff's pr pr I mean, what is your opinion on time if the if this does get continued for two weeks to the next meeting? Does that give you enough time to meet the requirements? Oh the orders or no?

   Esther Lemie

   1:44:41For the to get us to class five. Well,

   GirardiVice Chair

   1:44:49do what you need to do to keep the current community rating, which is the minimal changes to chapter eighteen and then the this ordinance.

   Esther Lemie

   1:45:00Yeah, that that's enough to to tidy up all the questions asked here.

   GirardiVice Chair

   1:45:07Okay, I will say they have been doing this diligently. I literally get three or four emails a day from the staff with okay, we looked at this, we spoke to FEMA in Washington, we spoke to D E M in Tallahassee and I mean they're going back and forth and doing this so

   Unidentified speakerVoice A

   1:45:23Very good. Okay, anything else up here? Move a motion.

   GirardiVice Chair

   1:45:30I'm gonna move to continue it until the next Planning Commission meeting on the twenty first. I'll second.

   Unidentified speakerVoice A

   1:45:35Okay, a motion and a second. Any other further discussion? All in favor? Aye. Opposed? Motion carried and and Esther staff, I mean thank thank you guys for your attention to this, really.

4. 4Jul 12, 2022
   Board of County CommissionersP91Public hearingContinued

   Approved minutes

   Approved to continue the item to the August 24, 2022 Board of County Commissioners meeting at 1:30 p.m. in New Port Richey.

   Open this item →▶ Play from 11:06
   ▶ 11:061m

   StarkeyChair

   11:06Okay, we're gonna proceed with the public hearing And we are on to P one. P ninety one.

   StarkeyChair

   11:16Item P91 was published in the Tampe Times on May eighteenth, twenty twenty-two.

   Denise

   11:22Madam Chair, Commissioner, Denise Hernandez Planning and Development. P91 is BCS 220270. This item was advertised as a continuance. This is a modification to land development code section 1104 blood damage prevention. The request is to continue the item to the August 24th, 2022 Board of County Commissioners meeting at 130 in Newport Ritchie.

   MarianoVice Chair

   11:42Madam Chair.

   Denise

   11:43Yeah.

   MarianoVice Chair

   11:43Um recently I just just the other day. Dave just got uh the FEMA requirements, the state requirements. Um I would like staff to be able to send that off to everyone so they can actually read them so we can actually see what requirements are from FEMA, the state, and then even look at the additional things so that we can look at it when we do look at it to see what the differences are. Um you make that happen?

   Denise

   12:06I believe that some of my colleagues that are in the audience or maybe listening, so that will definitely happen. Okay. Uh move to continue, Dam Sherman.

   Unidentified speaker

   12:14Like it.

   StarkeyChair

   12:16All in favor? Aye. Um yeah, the other thing I've asked for too is a a red line. A red line distinction between the two. Okay. P the next one, P ninety two.

5. 5Aug 9, 2022
   Board of County CommissionersAP177Public hearingNo action

   An Ordinance By The … And Certain Accessory Structures; Adding Requirements For Activities Altering Sand Dunes Or Mangrove Stands In Coastal A Zones; Re- Codifying Elevation Information Prior To Issuance Of A Certificate Of Occupancy In Coastal A Zones; Re-Codifying County Approval For … Accessory Structure, Agricultural Structure, Coastal A Zone (Caz), Critical Facility, Declaration Of … Of Map Change (Lomc), Limit Of Moderate Wave Action (Limwa), Market Value, New Manufactured … And An Effective Date.

   Approved minutes

   No action was required as this was the first Public Hearing. The adoption Hearing was scheduled for August 24, 2022 at 1:30 p.m. in New Port Richey.

   Open this item →No recording
6. 6Aug 24, 2022
   Board of County CommissionersP65Public hearingAdopted

   An Ordinance By The … In Coastal A Zones; Re- Codifying Re-Codifying Elevation Information Prior To … In Coastal A Zones; Re-Codifying Re- Codifying County Approval For Letters … Map Changes To Fema; Re-Codifying Re- Codifying Encroachment, Development, And Fill … Other Development In Floodways; Re-Codifying Re- Codifying Fema Guidance, Publications, And … And An Effective Date.

   Approved minutes

   Approved to adopt by roll call vote.

   Open this item →▶ Play from 9:25
   ▶ 9:2513m

   Oakley

   9:25Good afternoon, Madam Chair. Uh Nictorio Spitos of the Planning and Development Department, item P65. I'll go ahead and read that into the record. It is an ordinance by the Pasco County Board of County Commissioners amending the Pasco County Land Development Code Section 1104 flood damage prevention to bring the county's flood damage prevention regulations in line with the model ordinance approved by the Federal Emergency Management Agency. And to coordinate with Chapter 18, Buildings and Building Regulations of the Pasco County Code of Ordinances, Amending Land Development Code,

   9:55Appendix A, Definitions, and Other Sections as necessary for internal consistency. Incorporating FEMA's most recent flood insurance study for Pasco County establishing areas of special flood hazards, recodifying building official to perform analysis for building permit applications on structures within flood hazard areas, and providing method. Process for such analysis requiring signed declaration of land restriction, non-conversion agreements for projects proposing to enclose areas under elevated buildings, certain

   10:25crawl spaces, and certain accessory structures, adding requirements for activities altering sand dunes or mangrove stands in coastal A zones, recodifying elevation information prior to issuance of a certificate of occupancy in coastal A zone. Recodifying Conte approval for letters of map changes to FEMA, recodifying encroachment, development, and fill on properties within floodways, adding and/or recodifying restrictions on location of critical facilities, detached accessory structures, manufactured

   10:56homes, RVs, park trailers, tanks, decks, patios, and other development in floodways. Pre-codifying FEMA guidance publications and technical bulletins by reference, changing variance procedure from planning commission to hearing officer process, requiring data to be provided in areas identified as sheet flow and ponding, providing a variance process for certain agricultural structures. Additional specific findings required for variances, providing for or amending the following definitions:

   11:27accessory structure, agricultural structure, coastal A zone, critical facility, declaration of land restriction, non-conversion agreement, existing manufactured home park or subdivision. Expansion to an existing manufactured home park or subdivision, flood hazard area, historic structure, letter of map change, L O M C Limit of Moderate Wave Action, LIMOA, Market Value, New Manufactured Home Park or Subdivision, and Park Trail or Park

   11:57Model, providing for applicability, repealer, providing for severability, inclusion into the land development code, and an effective date. Sure got

   StarkeyChair

   12:05all that? Okay, that's a long one. Um we do need to uh have the clerk um Talk about the public when it was noticed.

   StarkeyChair

   12:14Madam Chair, the uh this item was previously noted for uh hearing uh in July, July twelfth and continued to this date.

   StarkeyChair

   12:25Okay. Board members, do you have any questions for staff?

   MarianoVice Chair

   12:29I'll get a couple. Um On p uh section six C

   12:37Eleven oh four point two two.

   12:43It says a deca patio has a vertical thickness of more than twelve inches. Um

   StarkeyChair

   12:50Okay.

   MarianoVice Chair

   12:52It doesn't have regular pages, so I apologize. 1104.22, Section six C It talks about wave run up.

   13:07And actually D D go's the same thing. What type of uh research or engineering we'd be able to get or people are gonna need to get to actually have this type of uh development approved. I thought there was an issue with the the state and the federal that They didn't know if the it was gonna be a properly or

   Oakley

   13:26Enforced enforced well. Yeah, I'm gonna go ahead and introduce the building official to help explain.

   Esther Lemie

   13:35Good luck.

   13:37Good afternoon, Ch Madam Chair and Commissioner. Commissioner Oakley, can you repeat the question please?

   MarianoVice Chair

   13:44Uh on on section six C, actually six, the whole section from A B C D, it talks about wave run-up. And I thought one of the things we read in the Federal and State was worrying about how they were going to measure that and who is going to be able to do the engineering of that.

   Esther Lemie

   13:56Okay. Uh what are they?

   MarianoVice Chair

   14:01And I th I thought we were gonna leave that out, so I'm r I'm really confused about it unless I'm misreading it.

   Unidentified speakerVoice D

   14:09So we can't leave that out because that's very similar to Flood Way. So we can't we have to Would you introduce yourself on the record? Uh some patel, Building Construction Services. And uh we're we can't remove that from the section 'cause that's uh So

   MarianoVice Chair

   14:26h I mean, you saw the you saw w the document I'm talking about from the feet from the state, the word about how you're going to enforce this. How how is the someone gonna get approved from this? And that's just I'm just wondering if you've addressed that issue because I don't see it here. And I didn't expect to see it in there.

   Unidentified speakerVoice D

   14:45Sure. So that would be done by the engineering firm

   MarianoVice Chair

   14:55So on on Boat Yard Drive, when we redid that one, I believe, we had a situation where we have a lot of the same thing. Denied it. The gentleman had to go out and get an engineer to go set it up. But from what I understand in the marketplace there is no engineer now that's out there that can actually do the engineering that we may be requesting.

   Unidentified speakerVoice D

   15:16From what I was told by FEMA by FEMA, was that the county when the county did the coastal wave run up? through the um coastal A zone when we remap the area on the on the coast side. There were engineering firms that handled that and that's where they c that that's where they they came up with the coast uh wave run up analysis.

   MarianoVice Chair

   15:37But I'm still uncomfortable we're gonna pass something that's gonna be tough for people to get development done because of this.

   StarkeyChair

   15:44Um is is this where there's the Limois line? People within the Limois?

   Unidentified speakerVoice D

   15:50The No,

   StarkeyChair

   15:50that's

   Esther Lemie

   15:52in the floor deeps.

   StarkeyChair

   15:55Well uh Jack, we have to have it in there. Well so I guess someone's gonna have to figure it out. I but it I may be the guinea pig, I don't know.

   MarianoVice Chair

   16:02And that's what that's w what concerns me. I again they mentioned it's gonna be tough. And we and I I'm gonna tell you when we did that structure we had like those four homes on Boatyard over in Hudson. That we did the right-of-way. rezoning classifications to to let the development come in. When they come in, the gentleman come in did two things. One was to build it and he had to go out and get an engineer to specifically look at to where this run up analysis was. And Thank you. Should have really set the tone for the rest of us up and down the coast, but it hasn't. And now that the gentleman he

   16:33had, I tried to bring him forward. He's now retired. I don't know if there's someone who's gonna be able to actually do this and with the state Or federal or both. Stating this concerns about this. I'm just wondering, is this written exactly how other counties are written?

   Unidentified speakerVoice D

   16:47Correct. I mean exactly.

   MarianoVice Chair

   16:48Exactly.

   Unidentified speakerVoice D

   16:48No, because it there's no adverse impact, very similar to Flood Way. Okay. Um

   StarkeyChair

   16:55can I follow up on that question, Chuck? So if this is required to get approval Perhaps we need to learn how to approve it.

   Anthony Mistracio

   17:04Right.

   StarkeyChair

   17:06So that Things can keep moving. You know, if there's no one out there in the private sector who knows how to do it. I can't find the paragraph you're talking about, but I remember hearing about it. But you know, we don't want anyone to get held up. And so maybe we need to train someone.

   MarianoVice Chair

   17:21So it's actually under G under Other Other Development, and then it goes to the number six. G. Okay. And

   Fitzpatrick

   17:26Madam Chair, is this one of the items that has to be added to the ordinance for the twenty percent discount? Yeah. G.

   StarkeyChair

   17:37Penny for Pasco.

   17:40Well, Zach, I I I don't see it in my sixty five.

   MarianoVice Chair

   17:46It doesn't eleven oh four point two two.

   StarkeyChair

   17:51Well it's

   Unidentified speakerVoice E

   17:51on page point twenty two.

   17:56Can

   StarkeyChair

   17:56you pull it up on there? What he's talking about?

   Unidentified speakerVoice E

   18:04Mr. I'm using the strike through.

   Sally Sherman

   18:12Commissioner Sally Sherman, Deputy County Administrator, Administrative Services. Uh Commissioner Mariano, I do recall your the reference that you're making. And yes, there are limited amount of engineers that are able to do this type of analysis, but they're they are out there. And yes, it does require an engineer in order to conduct the analysis.

   MarianoVice Chair

   18:40So do we have the engineer to be able to do that? Check on the engineer.

   Sally Sherman

   18:46We do have someone who can look at it, look at the information that is submitted and make sure that it meets all the requirements of how it should be done, but we're going to again be reliant on the information that's provided and as long as they do what is necessary to go through the steps to establish the wave run up, then there should not be a problem.

   MarianoVice Chair

   19:13Not quite acceptable, however. Um so l let me uh let me ask this. So with what we're passing, and again we've got to pass it into certain requirements from the state and Fed, I get that. We've got to follow the rules that are there. I just want to make sure the language you've got in here is exactly or no different than what? The state has required in nothing different from what other counties have done as well.

   Sally Sherman

   19:38Yes, sir. This is the language that was in the information from the FEMA guidelines in our state. um ordinance, draft ordinance that we have included. Okay.

   MarianoVice Chair

   19:53Okay.

   StarkeyChair

   19:55Did you locate it, Chair? Yeah, I think we're gonna have to keep moving forward, but um I think this is gonna be an issue for the whole state, so we have to see what How we deal with this one, right?

   Sally Sherman

   20:10There's no one out there who knows how to do it. And and please understand as I indicated There are engineers out there that can do it, but they are a select few because it is a unique offer but that's just like you if you have stonework that you want a certain or you only have a few that do it, but they are out there and available. Okay.

   StarkeyChair

   20:37I guess it's an economic opportunity for someone.

   Moore

   20:43We've got to get it done. I don't know what else to do. Agreed. So let's keep it. And then they

   StarkeyChair

   20:46can lose the twenty percent discount and um any other any other questions?

   Moore

   20:51Move approach.

   StarkeyChair

   20:52Well let's try

   20:52to

   20:53public public hearing.

   Moore

   20:54Oh, Oh thank you. Forgot about that.

   MarianoVice Chair

   20:57I see Barbara Will Hutt in the audience. I don't know if she can comment to it, no.

   StarkeyChair

   21:03So uh I do want to thank um Barbara and others who worked on their own dime spent a lot of hours and a lot of time putting this together. Staff worked very hard on this as well. Um and I know it was complicated but necessary. So we we appreciate all of it. Barbara you wanna say something?

   Barbara Wilhite

   21:24Go ahead.

   StarkeyChair

   21:24And John too. We thank John.

   Barbara Wilhite

   21:26Barbara Will Hight, [address removed]. Good afternoon. Yes, John Moody and myself spent a lot of time on this ordinance, as did a lot of you. I think all of you and your staff. Um with regard to the specific issue and that specific uh analysis that's required. John Moody tracked it down, made sure the language matched, made sure it really was required. He really labored over it 'cause he knew it was could be a potential issue. But we weren't able to find any solution. Um and you I

   21:57think your staff looked at it as well as hard as they could, so Okay.

   MarianoVice Chair

   22:01Thank you. Thank you. Thank you for all your help too.

   Barbara Wilhite

   22:03Absolutely.

   StarkeyChair

   22:04Okay. Um this is a public hearing. D is there anyone here who wishes to speak to this item?

   StarkeyChair

   22:09Madam Chair, we have no one signed up in advance or online.

   StarkeyChair

   22:13To the board?

   StarkeyChair

   22:15We'll go ahead and move for approval.

   StarkeyChair

   22:17Second. All in favor? Aye. Aye. Opposed?

   StarkeyChair

   22:21A roll call. Okay. Our first approval. District One, Chairman Oakley.

   22:27I District Two. Commissioner Moore? Aye. District four, Commissioner Fitzpatrick.

   Doreen

   22:33Aye.

   StarkeyChair

   22:33District five, Commissioner Mariano. Aye. District three, Commissioner Starkey.

   StarkeyChair

   22:38Aye. Thank you. P sixty six.