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; 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 Letters Of Map Changes To Fema; Re- Codifying Encroachment, Development, And Fill On Properties Within Floodways; Adding And/Or Re-Codifying Restrictions On 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, Coastal A Zone (Caz), 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), Limit Of Moderate Wave Action (Limwa), 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.
What the county recorded
Staff recommendation
Approve
DispositionAdopted
Approved to adopt by roll call vote.
The source document
The county’s agenda for Board of County Commissioners, Aug 24, 2022
The published PDF, as served by the county. This item is one entry in it.
The county’s agenda for Board of County Commissioners, Aug 24, 2022
The published PDF, as served by the county. This item is one entry in it.
The county’s minutes for Board of County Commissioners, Aug 24, 2022
The published PDF, as served by the county. This item is one entry in it.
The county’s minutes for Board of County Commissioners, Aug 24, 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 6.
What was said
Machine transcription of 13m of recording, with speaker names inferred from voice matching. 89% of 84 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
Good 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,
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, 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
crawl 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
homes, 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:
accessory 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
Model, providing for applicability, repealer, providing for severability, inclusion into the land development code, and an effective date. Sure got
all 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.
Madam Chair, the uh this item was previously noted for uh hearing uh in July, July twelfth and continued to this date.
Okay. Board members, do you have any questions for staff?
I'll get a couple. Um On p uh section six C
Eleven oh four point two two.
It says a deca patio has a vertical thickness of more than twelve inches. Um
Okay.
It doesn't have regular pages, so I apologize. 1104.22, Section six C It talks about wave run up.
And 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
Enforced enforced well. Yeah, I'm gonna go ahead and introduce the building official to help explain.
Good luck.
Good afternoon, Ch Madam Chair and Commissioner. Commissioner Oakley, can you repeat the question please?
Uh 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.
Okay. Uh what are they?
And 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.
So 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
h 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.
Sure. So that would be done by the engineering firm
So 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.
From 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.
But I'm still uncomfortable we're gonna pass something that's gonna be tough for people to get development done because of this.
Um is is this where there's the Limois line? People within the Limois?
The No,
that's
in the floor deeps.
Well 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.
And 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
had, 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?
Correct. I mean exactly.
Exactly.
No, because it there's no adverse impact, very similar to Flood Way. Okay. Um
can I follow up on that question, Chuck? So if this is required to get approval Perhaps we need to learn how to approve it.
Right.
So 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.
So it's actually under G under Other Other Development, and then it goes to the number six. G. Okay. And
Madam Chair, is this one of the items that has to be added to the ordinance for the twenty percent discount? Yeah. G.
Penny for Pasco.
Well, Zach, I I I don't see it in my sixty five.
It doesn't eleven oh four point two two.
Well it's
on page point twenty two.
Can
you pull it up on there? What he's talking about?
Mr. I'm using the strike through.
Commissioner 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.
So do we have the engineer to be able to do that? Check on the engineer.
We 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.
Not 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.
Yes, 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.
Okay.
Did 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?
There'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.
I guess it's an economic opportunity for someone.
We've got to get it done. I don't know what else to do. Agreed. So let's keep it. And then they
can lose the twenty percent discount and um any other any other questions?
Move approach.
Well let's try
to
public public hearing.
Oh, Oh thank you. Forgot about that.
I see Barbara Will Hutt in the audience. I don't know if she can comment to it, no.
So 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?
Go ahead.
And John too. We thank John.
Barbara 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
think your staff looked at it as well as hard as they could, so Okay.
Thank you. Thank you. Thank you for all your help too.
Absolutely.
Okay. Um this is a public hearing. D is there anyone here who wishes to speak to this item?
Madam Chair, we have no one signed up in advance or online.
To the board?
We'll go ahead and move for approval.
Second. All in favor? Aye. Aye. Opposed?
A roll call. Okay. Our first approval. District One, Chairman Oakley.
I District Two. Commissioner Moore? Aye. District four, Commissioner Fitzpatrick.
Aye.
District five, Commissioner Mariano. Aye. District three, Commissioner Starkey.
Aye. Thank you. P sixty six.