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P14No disposition in the minutesPublic hearingPublished agenda

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 Appendix 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; Re-Codifying 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” (Nonconversion Agreements) For Projects Proposing To Enclose Areas Under Elevated Buildings, Certain Crawl Spaces And Certain Accessory Structures; Re-Codifying County Approval For Letters Of Map Changes To Fema; Re-Codifying Encroachment, Development, And Fill On Properties Within Floodways; Adding And/Or Re-Codifying Restrictions On PC Addendum Agenda Location Of Critical Facilities, Detached Accessory Structures, Manufactured Homes, Rvs, Park Trailers, Tanks, Decks, Patios, And Other Development In Floodways; Re-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: Accessory Structure, Agricultural Structure, 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 (Lomc), Market Value, New Manufactured Home Park Or Subdivision, And Park Trailer “Park Model”; Providing For Applicability; Repealer; Providing For Severability; Inclusion Into The Land Development Code, And An Effective Date.

PC Addendum AgendaBCS-22-0270District All

What the county recorded

Published agenda

Staff recommendation

Approve

No disposition in the minutes

The approved minutes do not say what became of this item. That is a gap in the record, not a decision. It is the normal state for 24% of items. Most of those are regular business and board reports that the minutes do not dispose of in writing. This archive never infers an outcome from the fact that someone called a vote.

The source document

Published agenda

The county’s agenda for Planning Commission, Jul 7, 2022

The published PDF, as served by the county. This item is one entry in it.

Approved minutes

The county’s minutes for Planning Commission, Jul 7, 2022

The published PDF, as served by the county. This item is one entry in it.

This case, across meetings

BCS-22-0270 in full →

BCS-22-0270 was taken up 6 times between Jun 2, 2022 and Aug 24, 2022, continued 2 times — this is appearance 3.

  1. Jun 2, 2022PlanningPC4No disposition in the minutes
  2. Jun 21, 2022BoardP62Continued
  3. Jul 7, 2022PlanningP14No disposition in the minutesthis item
  4. Jul 12, 2022BoardP91Continued
  5. Aug 9, 2022BoardAP177No action
  6. Aug 24, 2022BoardP65Adopted

What was said

Transcript

Machine transcription of 37m of recording, with speaker names inferred from voice matching. 90% of 182 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.

Read it in the meeting →
Denise

All 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

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

Unidentified speakerVoice A

Thank you.

Esther?

Esther Lemie

Good 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.

And this is the BCS twenty two zero to Seventy

Less like this.

So 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

since 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

gives our residents 20% discount.

Next slide.

And 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,

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

And 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

the 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.

So 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

is 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.

So 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.

The 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.

The 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

building 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.

So 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.

So next slide.

The 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

the 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

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

Any question?

Christopher Poole

Since 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

have

Christopher Poole

again just from my own education.

Esther Lemie

Yes. 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

coordinator 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

Mm. Okay. Thank you.

Jaimie GirardiVice Chair

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

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

Ron Ruprecht

Mm-hmm.

Jaimie GirardiVice Chair

And 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

I actually did not work on this ordinance. I'm not familiar at all.

Jaimie GirardiVice Chair

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

Esther Lemie

Oh 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.

Jaimie GirardiVice Chair

Right, 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

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

Jaimie GirardiVice Chair

The 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

Where's that citation join?

Jaimie GirardiVice Chair

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

Ooh.

And 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

I saw that.

Jaimie GirardiVice Chair

Page fifteen of thirty-one, number twelve.

Esther Lemie

Yes, 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.

Jaimie GirardiVice Chair

Right. But this says development permits, this wasn't vertical construction.

Right. 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

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

Esther Lemie

Yeah.

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

Jaimie GirardiVice Chair

It's not necessarily an objection but it's question. Yes, okay.

attorney to the tourist development council

Just 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.

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

Jaimie GirardiVice Chair

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

Unidentified speakerVoice B

Mm-hmm.

Jaimie GirardiVice Chair

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

Esther Lemie

It's it's only applies to new tanks moving forward.

Jaimie GirardiVice Chair

New tanks only. Okay.

And then this goes on page 22 of 31.

Regarding 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

now 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

Well we've got to be a little bit more than a little bit.

Jaimie GirardiVice Chair

Enforced.

Esther Lemie

We 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.

Jaimie GirardiVice Chair

And 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?

So 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.

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

Unidentified speakerVoice A

Estram 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

No.

Nothing in here that is uh this is all to maintain us in class six.

Unidentified speakerVoice A

Okay, 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

that's not a

Unidentified speakerVoice A

requirement.

Esther Lemie

This is requirements, yeah.

Jaimie GirardiVice Chair

Savant did you just say there was?

Esther Lemie

Yeah, those are just clean up languages that the state Yeah.

Jaimie GirardiVice Chair

I miss her.

Okay. 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

That's gotta be a typo. Mm-hmm. Where is that?

Jaimie GirardiVice Chair

That'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

We 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

This 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

Jaimie GirardiVice Chair

I'm not familiar with the process, so maybe you could help.

attorney to the tourist development council

Okay, then I'm sti staying out of this because she reviewed this

Jaimie GirardiVice Chair

nice.

So how does that process work?

Esther Lemie

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

Uh 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.

Jaimie GirardiVice Chair

Well after this gets adopted we may get some requests.

Esther Lemie

Yeah.

Jaimie GirardiVice Chair

That's all the questions that I have.

Anybody else?

Chris Williams

I just want clarification about the good point.

Y 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

Yeah, we have an airing officer that hears all of our flood voulitions.

Chris Williams

But 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

Th 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

funds.

Chris Williams

Okay, 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

Uh 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.

Jaimie GirardiVice Chair

Okay, 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

I um no, right? I'm not familiar at all. I'm

Esther Lemie

sorry. 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

You'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

Jaimie GirardiVice Chair

we don't

Chris Williams

know 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

Great.

Esther Lemie

Yeah, 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

representative in the county attorney's office.

attorney to the tourist development council

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

Esther Lemie

Not 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

We 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

Jaimie GirardiVice Chair

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

attorney to the tourist development council

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

Jaimie GirardiVice Chair

judgment, they just prosecute

attorney to the tourist development council

the 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.

My assumption.

Unidentified speakerVoice A

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

John, did you have anything

Jaimie GirardiVice Chair

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

Unidentified speakerVoice A

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

Barbara Wilhite

Barbable 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

watching 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.

And 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

to 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

flood 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

section 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

flood 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

the 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

If 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

Oh.

Denise

And 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.

Jaimie GirardiVice Chair

Well, 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

Those 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.

Jaimie GirardiVice Chair

Okay. 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

Yes, sir.

Jaimie GirardiVice Chair

Would 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

Yeah, um

I think uh Really too it would be cutting it close. Yeah, between

Jaimie GirardiVice Chair

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

Esther Lemie

I don't think so. I'm not sure. Hattie. Thank you.

Unidentified speakerVoice C

We'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

Is there any other is there any other planning commission meeting?

Unidentified speakerVoice C

So 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

August ninth for the first board planning commissioner meeting.

Unidentified speakerVoice C

Yeah, 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

The next uh seven twenty-one for this report. Yes, right.

Unidentified speakerVoice A

So And then eight nine for the B C C hearing for the first time.

attorney to the tourist development council

It has to have two readings. There's two readings, right?

Esther Lemie

Two readings.

attorney to the tourist development council

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

Jaimie GirardiVice Chair

Okay. Well you answered the question.

attorney to the tourist development council

She was just

Jaimie GirardiVice Chair

worried about agenda

attorney to the tourist development council

quality and deadlines.

Jaimie GirardiVice Chair

No, I I I understand that

attorney to the tourist development council

we would yeah.

Jaimie GirardiVice Chair

Four.

attorney to the tourist development council

Right.

Jaimie GirardiVice Chair

For 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

is 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

development 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

that 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

to 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

Yeah, 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

what it costs to abide by the additional restrictions on the wish list versus the requirements.

Jaimie GirardiVice Chair

And

Unidentified speakerVoice A

most of

Jaimie GirardiVice Chair

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

Unidentified speakerVoice A

So 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

For the to get us to class five. Well,

Jaimie GirardiVice Chair

do 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

Yeah, that that's enough to to tidy up all the questions asked here.

Jaimie GirardiVice Chair

Okay, 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

Very good. Okay, anything else up here? Move a motion.

Jaimie GirardiVice Chair

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

Unidentified speakerVoice A

Okay, 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.