agenda city council meeting january 22, 2013 7:00 … · and penalties; providing for a savings...

City Council 1/22/13 of 4

City of Daytona Beach Shores “Life is Better Here”

“A Premier, Friendly Place to Be”

AGENDA CITY COUNCIL MEETING

January 22, 2013 7:00 p.m., Community Center, 3048 S. Atlantic Ave.

Daytona Beach Shores, FL 32118

Upon being recognized, a member of the public shall proceed to the podium and give his or her name and address and may, thereafter, speak for a maximum of three minutes on any matter relevant to a specific agenda item. During “Audience Comments,” a member of the public may speak on any matter relevant to City business which is not on the agenda, for a maximum of three minutes in accordance with Section 2-1.1(d) and 2-2 of the City Code. In accordance with Section 2-2, during periods set aside for public discussion any person desiring to speak shall secure a form located at the agenda table, complete the form and present it to the City Clerk so the speaker can be recognized by the presiding officer. The use of profanity, obscene language, threats or any violent or abusive conduct by any person shall constitute a violation of this section. It shall be the duty of the Director of Public Safety, upon the order of the presiding officer at any such meeting, to forcibly, if necessary, evict any person violating the provisions of this section from the Council Meeting Hall. Any such violation shall subject the offender, upon conviction thereof, to a fine and/or imprisonment as prescribed by Section 1-8.

CALL TO ORDER:

INNVOCATION:

PLEDGE OF ALLEGIANCE:

ROLL CALL: 1. PRESENTATIONS AND PUBLIC NOTICES:

Service Award for Sean Rooney Lighthouse Loop Presentation

2. APPROVAL OF THE MINUTES: January 8, 2013, City Council Meeting CONSENT AGENDA:

3. Monthly Departmental Reports 4. Monthly Financial Report 5. Approval for employee hardship distribution from 457 plan 6. Approval to spend $2,304 from Contraband for mobile fingerprint device 7. Approval to send vehicle 71 to auction 8. Appoint Ike Ofer as alternate to the Code Enforcement Board 9. Re-appoint Joyce Connor to the Beautification Board

END CONSENT AGENDA 10. REPORTS OF THE CITY ATTORNEY: 11. REPORTS OF THE CITY MANAGER: OLD BUSINESS: None. NEW BUSINESS:


12. Ordinance 2013-01 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY FLORIDA, RELATING TO COMPREHENSIVE PLANNING; AMENDING THE CITY OF DAYTONA BEACH SHORES COMPREHENSIVE PLAN, AMENDING CHAPTER 1, “FUTURE LAND USE ELEMENT”, BY AMENDING MAP L-4 ENTITLED, “GENERALIZED FUTURE LAND USE MAP (2020)” TO CHANGE THE FUTURE LAND USE DESIGNATION ASSIGNED TO ANNEXED PROPERTY, GENERALLY LOCATED ON THE WEST SIDE OF THE 3800 BLOCK OF S. ATLANTIC AVENUE, SHORT TAX PARCEL ID 6302-05-07-0110, FROM VOLUSIA COUNTY URBAN LOW INTENSITY TO DAYTONA BEACH SHORES RESIDENTIAL LOW DENSITY; PROVIDING FOR IMPLEMENTING ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR NON-CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. First Reading.

This ordinance proposes an amendment to the City’s Adopted Comprehensive Future Land Use Map to change the Future Land Use Classification of the property located on the Westside of the 3800 S. Atlantic Avenue block, Short Tax Parcel ID 6302-05-07-0110, from Volusia County Urban Low Intensity to Daytona Beach Shores Residential Low Density. The subject property was annexed in 2004. This ordinance is the first step in obtaining the necessary entitlement for the property owner to develop a duplex on site.

13. Ordinance 2013-02 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, ASSIGNING THE RMF-3 MULTI-FAMILY RESIDENTIAL DISTRICT (LOW DENSITY) ZONING CLASSIFICATION TO ANNEXED PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF THE 3800 BLOCK OF S. ATLANTIC AVENUE, SHORT TAX PARCEL ID 6302-05-07-0110; PROVIDING MODIFICATION OF THE OFFICIAL ZONING MAP; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR NON-CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. First Reading.

This ordinance proposes an amendment to the City’s Official Zoning Map to change the Zoning District Classification of the property located on the Westside of the 3800 S. Atlantic Avenue block, Short Tax Parcel ID 6302-05-07-0110, from Volusia County R-9 to Daytona Beach Shores RMF-3 Multifamily Residential District (Low Density). The subject property was annexed in 2004. This ordinance is the second step in obtaining the necessary entitlement for the property owner to develop a duplex on site.

14. Ordinance 2013-03 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, AMENDING THE MUNICIPAL CODE OF ORDINANCES, LAND DEVELOPMENT CODE; REPEALING SECTION 2-4 OF CHAPTER 2 AND APPENDIX “G”, ENTITLED “SEWER AND SEWAGE DISPOSAL DEFINITIONS,” WITH RESPECT TO BEING AND AS INCONSISTENT WITH SECTION 74-101 OF THE CITY OF PORT ORANGE, FLORIDA, CODE OF ORDINANCES, ENTITLED “DEFINITIONS;” REVISING, IN ITS ENTIRETY CHAPTER 12 ENTITLED “UTILITIES,” BY REPEALING AND RE-ADOPTING SECTION 12-4 ENTITLED “SEWERS AND SEWAGE DISPOSAL” TO INCORPORATE THE PROVISIONS OF THE CITY OF PORT ORANGE, FLORIDA, CODE OF ORDINANCES AND THE INDUSTRIAL PRETREATMENT PROVISIONS OF THE FEDERAL CLEAN WATER ACT THEREBY PROVIDING NECESSARY UPDATES AND REVISIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading.


The City of Daytona Beach Shores is required by the Port Orange – Daytona Beach Shores “Wholesale Service Agreement” [for wastewater] to amend its Industrial Wastewater Pretreatment regulations whenever the City of Port Orange does the same. The City’s regulations are required to be similar to Port Orange’s or stricter. This ordinance would adopt the updated Port Orange Industrial Wastewater Pretreatment regulations by reference. The goal of the Industrial Wastewater Pretreatment regulations is to protect the environment and wastewater system while meeting new Federal and State requirements.

15. Ordinance 2013-04 AN ORDINANCE BY THE CITY COUNCIL OF DAYTONA BEACH SHORES AMENDING THE MUNICIPAL CODE OF ORDINANCES, LAND DEVELOPMENT CODE; AMENDING APPENDIX “G”, TO SUBSTANTIALLY REVISING AND AMENDING CHAPTER 10 ENTITLED “FLOOD DAMAGE PREVENTION;” PERTAINING TO FLOOD HAZARD MAPS, A FLOODPLAIN ADMINISTRATOR, PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS; ADOPTING LOCAL ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR A FISCAL IMPACT STATEMENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. First Reading.

Changes to local floodplain management regulations and local administrative amendments to the 2010 Florida Building Code are now necessary to coordinate with the new Florida Building Code floodplain management requirements. The Florida Department of Emergency Management has drafted a model ordinance, which staff has tailored to the City. All local governments with flood hazard areas, including the City, are required to adopt the model ordinance, which essentially establishes criteria for development in flood hazard areas.

16. Resolution 2013-03 A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, AMENDING THE GENERAL FUND BUDGET, PROVIDING FOR APPROPRIATIONS; PROVIDING AN EFFECTIVE DATE. Public Hearing. 17. Resolution 2013-04 A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA IN SUPPORT OF THE PLANNING PROCESS FOR THE DEVELOPMENT OF THE REVISED “VOLUSIA COUNTY AND MUNICIPALITY FLOODPLAIN MANAGEMENT PLAN”; PROVIDING A SAVING PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Public Hearing. 18. APPROVAL FOR THE 5TH ADDENDUM TO THE WHOLESALE SERVICE AGREEMENT WITH THE CITY OF PORT ORANGE 19. APPROVAL TO PURCHASE 1906 S ATLANTIC AVENUE AT COST OF $300,000 20. DISCUSSION ON CREATING A 30 SECOND VIDEO FOR ADVERTISING (req by Cmbr Fehrmann)


21. DISCUSSION ON STREAMING MEETING AUDIO TO RADIO STATION (req by Cmbr Fehrmann) 22. DISCUSSION ON LEASING THE KITCHEN AT RACQUET CLUB (req by Cmbr Fehrmann) 23. DISCUSSION ON PEDESTRIAN SAFETY STUDY BY VOLUSIA TPO (req by Chairman of Pedestrian Committee) 24. CONSIDERATION OF ALTERNATE MEMBER TO VCOG 25. COUNCIL COMMENTS:

26. AUDIENCE REMARKS: 27. ITEMS FOR THE NEXT AGENDA: 28. ADJOURNMENT: Notice is hereby given to all interested parties that if a person should decide to appeal any decision made at the aforementioned meeting of the City Council, such person will need a recording of the proceedings conducted at such meeting, and for such purpose he or she may need to ensure that a verbatim record of the proceedings was made; such record to include testimony and evidence upon which any appeal shall be based. Please be advised that all City Council Meetings are recorded. Note: Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations for this public meeting should contact the Office of the City Clerk at 2990 S. Atlantic Avenue, Daytona Beach Shores, FL 32118, or telephone 386-763-5364 at least seven working days prior to the meeting.

PRESENTATIONS AND PUBLIC NOTICES:

25-year Service Award for Sean Rooney

Lighthouse Loop Presentation

City Council 1/8/13 Page 1 of 3

MINUTES CITY COUNCIL MEETING

January 8, 2013 3048 S. Atlantic Ave. Daytona Beach Shores, FL 32118

Present: Mayor Harry Jennings, Council Member Billie Wheeler, Council Member Jennie Celona and Council Member Henry Fehrmann. Excused: Vice-Mayor Peggy Rice. Staff: City Manager Michael T. Booker, City Clerk Cheri Schwab, City Attorney Lonnie Groot, Finance Director Steve Whitmer, Community Services Director Fred Hiatt, City Planner Stewart Cruz, and Public Safety Director Stephan Dembinsky.

1. PRESENTATIONS AND PUBLIC NOTICES:

Mayor Jennings read the Proclamation for Angela Trapp from Red Lobster. Presentation from Auditors - Chas Hoyman provided a brief summary of the annual

report. He stated that their opinion was that the City’s financial reports were fairly presented with no material weaknesses or areas of non-compliance. The city’s assets exceed the liabilities by 24.5 million.

2. APPROVAL OF THE MINUTES: December 11, 2012 City Council Meeting CMBR CELONA moved, seconded by CMBR FEHRMANN to approve the minutes of December 11, 2012. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Council Member Henry Fehrmann, Council Member Jennie Celona, CouncilMember Billie Wheeler, Mayor Harry Jennings. CONSENT AGENDA: None.

3. REPORTS OF THE CITY ATTORNEY: None. 4. REPORTS OF THE CITY MANAGER: City Manager Booker reported that a new business would soon be open called Fashion Safari. He also stated that the new gateway sign on Dunlawton was almost completely installed. There will still be some landscaping done around the sign. OLD BUSINESS: None. NEW BUSINESS: 5. SPECIAL EXCEPTION HEARING 2012-01 Cirotti Enterprises Interior Storage City Planner Stewart Cruz gave a brief background on the project. The request is to allow interior storage at the existing facility. It would hold 112 units with the square footage ranging from 15 to 125 feet. Exhibits were shown of the property and the proposed new loading dock that would be created. The Planning & Zoning Board recommended approval.


CMBR WHEELER moved, seconded by CMBR CELONA to approve SPEX 2012-01. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Council Member Henry Fehrmann, Council Member Jennie Celona, CouncilMember Billie Wheeler, Mayor Harry Jennings. At this point CMBR Celona had to be excused from the meeting. 6. Resolution 2013-01 A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES CITY COUNCIL

REQUESTING THE 2013 LEGISLATURE TO BAN TEXTING WHILE DRIVING. PUBLIC HEARING. CMBR WHEELER moved, seconded by CMBR FEHRMANN to adopt Resolution 2013-01 on first reading. Vote: Motion carried by unanimous roll call vote (summary: Yes = 3). Yes: Council Member Henry Fehrmann, CouncilMember Billie Wheeler, Mayor Harry Jennings. 7. Resolution 2013-02 A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES SUPPORTING

POLICE OFFICER AND FIREFIGHTER PENSION PLAN AND DISABILITY PRESUMPTION REFORMS TO MAKE

THE PLANS SUSTAINABLE, SOUND AND SECURE FOR CURRENT AND FUTURE POLICE OFFICERS AND

FIREFIGHTERS. PUBLIC HEARING. CMBR WHEELER moved, seconded by CMBR FEHRMANN to adopt Resolution 2013-02 on first reading. Vote: Motion carried by unanimous roll call vote (summary: Yes = 3). Yes: Council Member Henry Fehrmann, CouncilMember Billie Wheeler, Mayor Harry Jennings. 8. DISCUSSION ON CREATING A 30 SECOND VIDEO FOR ADVERTISING This item was withdrawn from the agenda. 9. DISCUSSION ON SELECTION OF PARADE DATE CMBR Wheeler asked that a date be selected early in order to reserve school marching bands. She recommended the first Saturday of December which is the 7th. She also inquired about creating a parade committee to aid the Culture & Entertainment Board in the coordination. The council felt that may be helpful. 10. COUNCIL COMMENTS: None.

11. AUDIENCE REMARKS: None. 12. ITEMS FOR THE NEXT AGENDA: Discussion of creating a 30 second city promotional video and discussion of pedestrian safety study by Volusia TPO


13. ADJOURNMENT: There being no further business to be considered, the meeting adjourned at approximately 7:35 pm.

______________________________ __________________________ MAYOR CITY MANAGER HARRY H. JENNINGS MICHAEL T. BOOKER ATTEST: ______________________________ CITY CLERK, CHERI SCHWAB

DAYTONA BEACH SHORES DEPARTMENT OF PUBLIC SAFETY

MEMORANDUM

To: Michael Booker, City Manager

From: Stephan Dembinsky, Public Safety Director

Date: January 11, 2013

Re: contraband forfeiture

File: PS13-01-01

I would like the approval of council to use $2,304. from the contraband forfeiture fund for the purchase of 2 mobile fingerprint identification devices. The total cost for the 2 is $3,382, however we have been awarded a Justice Assistance grant for $1,078.

2990 South Atlantic Avenue, Daytona Beach Shores, Florida 32118

MEMORANDUM CS-2013-01-01 DATE: January 11, 2013 TO: Michael T. Booker, City Manager FROM: Fred G. Hiatt Jr., Community Services Director SUBJECT: Vehicle 71 This is a request to send the old code enforcement vehicle #71 to auction. We’ve replaced this with vehicle #86. This is an old explorer that was previously a public safety vehicle and has served us well. It’s now in pretty rough shape due to rust. If you agree, could you place this item on the City Council agenda for their consideration? Thank you.

City of Daytona Beach Shores Building & Codes Division

Department of Community Services Telephone (386) 763-5377

Fax (386) 763-5370

Reports of the City Attorney

Reports of the City Manager

Staff Report: City Council Page 1 of 7 Ord. 2013-01/CPA2012-1: Waibel FLUM Amendment January 22, 2013

A. INTRODUCTION

Terry and Terry Waibel, owner/applicant, request approval of a small-scale amendment to the City of Daytona Beach Shores Future Land Use Map contained in the Comprehensive Plan – Update 2020. The proposed amendment seeks to change the future land use designation of a vacant single-family residential property, annexed into the City in 2004, from Volusia County Urban Low Intensity (0.2-4.0 units/acre) to Daytona Beach Shores Low Density Residential (0-12 units/acre). The 0.24 acre property is located on the west side of the 3800 block of S. Atlantic Avenue. The subject application received on December 10, 2012, if approved, would result in the first 2012-2013 small-scale comprehensive plan amendment for the City of Daytona Beach Shores in accordance with Section 163.3187(1)(c), Florida Statutes. B. BACKGROUND In 2004, the subject property was annexed into the corporate limits of the City of Daytona Beach Shores pursuant to the voluntary annexation process outlined in Section 171.044, Florida Statutes. However, Section 171.062, Florida Statutes limits regulatory and development control over an annexing property if the area annexed was subject to a county land use plan and county zoning and the municipality does not adopt a comprehensive plan and zoning amendment that include the annexed area. Therefore, the County land use plan and zoning regulations would remain in full force and effect until the City changes the future land use classification and zoning designation of the subject property. The purpose of this application is to realize the former. In addition, the property owner has also submitted an application to rezone the subject property to the City’s RMF-2 Multi-family Residential District (Low Density), consistent with the existing and surrounding land uses. The rezoning will occur subsequent to the future land use amendment associated with the subject property.

STAFF REPORT TO THE CITY COUNCIL

JANUARY, 22 2013

ITEM: Ordinance 2013-01 PROJECT NAME: Waibel Proposed Future Land Use Map Amendment (CPA2012-1) LOCATION: S. Atlantic Avenue; Short Tax Parcel ID 6302-05-07-0110 APPLICANT: Terry and Terry Waibel (owners) STAFF CONTACT Stewart Cruz; City Planner (386) 763-5361 REQUEST: Approval of the Ordinance 2013-01, which would amend the City’s Adopted

Comprehensive Plan’s Future Land Use Map to change the future land use classification of the vacant single-family residential property located on S. AtlanticAvenue, Short Tax Parcel ID 6302-05-07-0110, from Volusia County Urban Low Intensity to Daytona Beach Shores Residential Low Density.


C. PROPOSED AMENDMENT ITEM(S) Overview: The area of subject site is 10,500 square feet or 0.24 of an acre. The current Volusia County Future Land Use (FLU) and Zoning designations on the property are Urban Low Intensity (0.2-4 units/acre) and “R-9” (Urban Single-Family Residential District), respectively. The adjacent future land use designations and zoning classifications are depicted in Table 1 below while the surrounding land uses are illustrated in Figure A.1 attached. The subject request is to change the FLU designation to Daytona Beach Shores Low Density Residential (0-12 units/acre). This would permit a maximum of three units on site, however, the applicants have noted that their intention is to construct a duplex (i.e., two residential units). Table 1: Abutting Zoning and Future Land Use Classification

Notes: *R-9 = Volusia County Urban Single-Family Residential District; +T-RMF-1 = Daytona Beach Shores Hotel/Motel District – Multifamily Residential (High Density) District.

Description, Data and Analysis: The analysis conducted in Exhibit A demonstrates the amendment’s compliance with the City’s Comprehensive Plan and the Florida Administrative Code for future land use map amendments. Further, the analysis shows that there will not be any significant impacts on the environment, roadways, public schools and utilities. D. PLANNING AND ZONING BOARD On January 14, 2013 the Daytona Beach Shores Planning and Zoning Board unanimously recommended approval of the proposed future land use amendment. E. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2013-01 as presented.

Zoning Future Land Use Location Existing Proposed Existing Proposed

Subject Property R-9* RMF-3+ Volusia County

Urban Low Intensity Low Density Residential

North R-9 Volusia County

Urban Low Intensity

South R-9 Low Density

Residential

East T-RMF-1 Daytona Beach

Shores High Intensity

West R-9 Volusia County

Urban Low Intensity

Item 1: Map Amendment - Chapter 1, Future Land Use Element: amending Map L-4 entitled, “Generalized Future Land Use Map (2020),” to change the future land use classification of the property located on S. Atlantic Avenue, Short Tax Parcel ID 6302-05-07-0110, from Volusia County Urban Low Intensity to Daytona Beach Shores Residential Low Density:


EXHIBIT A

I. IMPACTS OF PROPOSED AMENDMENT The current Volusia County Urban Low Intensity Future Land Use (FLU) classification allows a maximum density of four (4) units per acre. Under the proposed Daytona Beach Shores FLU designation, Low Density Residential, the maximum density allowed is twelve (12) units per acre. Given the 0.24 acre size of the property, the proposed amendment would theoretically allow three (3) residential units on site, which is two (2) more than currently allowed under the Volusia County FLU classification. However, the applicants have noted in their application that a duplex (ie, 2 units) would be constructed on site. In accordance with the Daytona Beach Shores Comprehensive Plan Update (2020) and standard practice from the Florida Department of Community Affairs (DCA) and other review agencies, an impact comparison analysis of the proposed amendment has been completed based upon the theoretical maximum development potential under the current future land use designation versus the designation proposed (Table A.1 below). The following seven public facilities and services were examined and discussed briefly below: (1) Transportation, (2) Sanitary Sewer, (3) Potable Water, (4) Solid Waste, (5) Stormwater Drainage, (6) Recreation, and (7) Public Schools. Table A.1: Impact Analysis (Theoretical Max.)

Development Variable Current Future Land Use

(0.2-4 units/acre) Proposed Future Land Use

(0-12 units/acre) Difference

Residential Units Allowed 1 3 2 Population1 1.75 5.25 3.5 AM / PM Peak Hour Trips2 1.5/2.02 2.25/3.03

0.75/1.01

Sanitary Sewer (gallons/day)3 250 750

500

Potable Water (gallons/day)4 192.5 577.5

385

Solid Waste (lbs./day)5 17.5 52.5 35 Stormwater Drainage6 n/a n/a n/a Public School Student(s)7 0.396 1.19 0.79 Notes: 1. Population: 1.75 persons per single-family dwelling 2. Transportation: Rates are for peak hour of adjacent street traffic: Single-family residential

unit = 0.75 AM trips, 1.01 PM trips 3. Sanitary Sewer: 250 gallons per dwelling unit per day 4. Potable Water: 110 gallons per capita per day 5. Solid Waste: 10 pounds per capita per day 6. Stormwater Drainage: LOS standard = 25 year, 24 hour event. If property is redeveloped,

drainage system will be designed to meet the requirements of the Land Development Code.

7. Public School: Generation rates = 0.396 per single-family unit. Sources: 2010 US Census ITE Trip Generation Manual, 7th Edition Policy 9-1.3 Daytona Beach Shores Comprehensive Plan Update (2020)


Transportation: The subject property is a vacant overgrown single-family lot with vehicular transportation access to the abutting S. Atlantic Avenue road (CR 4075), which is a minor arterial road pursuant to the City’s Comprehensive Plan. This arterial connects northbound to S.R. A1A, which is a principal arterial. The adopted Level-Of-Service (LOS) standard for S. Atlantic Avenue is “E.” The road is currently operating at a LOS “B.” The City has no vested trips for this road. Based on the additional vehicular trips as demonstrated in Table A.1 above, the adopted LOS standard will continue to be maintained1 as the 2011 AADT and LOS are far below the design capacity of the road in question. Sanitary Sewer: The City’s adopted LOS standard for sanitary sewer is 250 gallons per dwelling unit per day. Using this standard, the proposed land use would theoretically create a demand of 750 gallons per day. This potential addition can easily be served by the City of Port Orange Wastewater Treatment Plant as the facility currently has over 4.8 million gallons per day excess capacity (Port Orange 2012 Concurrency Management Report). Potable Water: The City’s adopted LOS standard for potable water is 110 gallons per capita per day. Using this standard, the proposed land use would theoretically create a demand of 577.5 gallons of water per day. The City of Port Orange Garnsey Water Treatment Plan has a peak daily flow permitted capacity of over 2.5 million gallons per day (Port Orange 2012 Concurrency Management Report). Therefore, the theoretical increase in demand can easily be served by said facility. Solid Waste Collection: The proposed land use allows for three (3) residential units that would be expected to support a population of 5.25 persons. Each person is projected to generate solid waste at 10 pounds per day, which results in a total solid waste generation of 52.5 pounds per day. Solid waste generated within the City of Daytona Beach Shores is collected by Waste Pro, which delivers it to the Volusia County landfill. The 3,000-acre landfill is a Class I facility with a projected life span to the year 2050. Stormwater Drainage: The City’s adopted LOS standard for stormwater is the 25-year, 24-hour storm event. More specifically, the stormwater facilities must be capable of treating and conveying the runoff from such a storm without causing flooding of adjacent properties or polluting any receiving water bodies. In addition, the Comprehensive Plan requires that there be no net loss of stormwater retention function as a result of development. Therefore, if the property is redeveloped the parcel must have the same ability to store and discharge water after development as it does before development occurs. The applicants would be required to address stormwater retention

1 According to the most recent data (2011) (Exhibit B) S. Atlantic Avenue segment, Phillis to Emilia, is operating at a volume to capacity ratio of 0.495 (8,250/16,680 AADT) or a LOS Standard B.


on the property in accordance with these City standards and there should be no impact to the public drainage system. Recreation and Open Space: The proposed amendment would theoretically generate an additional 5.25 residents to the City. The City’s most recent population count was 4,247 (2010 US Census). Policy 7-1.2.1 and Policy 9-1.3.1 in the City’s Comprehensive plan establish the LOS standards for recreation facilities within the City. Considering the City’s population and the City’s recreational LOS standards, it is easy to conclude that Daytona Beach Shores currently has adequate capacity for all recreational facilities as required by the City’s Adopted Comprehensive Plan and seen in Table A.2 below. Table A.2: Recreation Facilities Analysis

Type of Park/

Recreational Facility

Unit of Measure/LOS

Standard

Current LOS (Number of Facilities)

Deficit

Playgrounds

one per 10,000 people 1 None

Neighborhood Park


Community Park


Children’s Play Areas


Baseball/Softball Field


Tennis Courts


Community Center


Exercise Trail


Nature Study Trail


Public Schools: Based on the Volusia County School District's student generation rate for a single-family dwelling unit, the proposed land use could generate at least one (1) full time student. Therefore, no significant increase impact on existing public school facilities is expected. Further, the Volusia County School District has provided a letter (Exhibit C) to the City citing no objection to the proposed change. Public schools available to the proposed site would be Longstreet Elementary, Silver Sands Middle, and Atlantic High. II. LAND USE COMPATIBILITY The FLU of the surrounding area west of S. Atlantic Avenue is primarily residential low density (single-family and duplex) in character while the east side of S. Atlantic Avenue is comprised of high multifamily structures and some hotel/motels. The subject property abuts residential duplexes to the north and south, single-family residences to the west and multifamily structures to the east (Figure A.1).


Figure A.1: Aerial View of FLUM Site and Surrounding Neighborhood

Source: Volusia County PALMS, 2013

Considering the above along with Table 1 contained in the body of this staff report, it is clear that the proposed land use, is both consistent and compatible with the mixture of existing and future land uses of the surrounding neighborhood. III. APPLICABLE PLANS, CODES AND REGULATIONS Future Land Use Element (Daytona Beach Shores Comprehensive Plan): Policy 1-1.1.5: (a) The City shall maintain at least a Level of Service standard "D" at all times on its roadway network throughout the City. This shall include Dunlawton Boulevard, including the bridge. The maintenance of this Level of Service standard is important to ensure that an efficient flow of traffic can be maintained on these primary roads in the event of a hurricane threat. (b) Maintain the clearance time of the population in the Hurricane Vulnerability Zone at sixteen (16) hours based on a level of service standard “D” during the time of a category 5-storm event as measured on the Saffir-Simpson scale. This policy is consistent with the stated objectives contained in the Coastal Management Element of the Volusia County Comprehensive Plan regarding hurricane evacuation and Section 163.3178 (9) (b), F.S. and based on the most current East Central Florida Regional Planning Council hurricane study. Policy 1-1.2.2: The City's existing policy of requiring written assurance from any entity providing sewage treatment, potable water, or solid waste disposal shall be maintained throughout the planning period. Objective 1-1.4: Land uses that are inconsistent with the character and overall Future Land Use Plan of the City shall be discouraged. This shall take the form of not allowing any objectionable uses (industrial, warehousing, etc.) in the new Land Development Code that will be adopted subsequent to this Comprehensive Plan.

Zoning Site

Existing Duplex

Existing Duplex

Shores Club COA

Single-family id


Capital Improvement Element Policy 9-1.3: the City shall use the following Level of Service (LOS) standards in reviewing the impacts of new development and redevelopment on public facility provisions:

(a) Sanitary Sewers: 250 gallons per dwelling unit per day (b) Solid Waste: 10 pounds per capita per day (c) Drainage: 25-year, 24-hour design storm (d) Potable Water: 110 gallons/capita/day (gcd) for Port Orange Service Area

150 gcd for Daytona Beach Service Area (e) Roadways: Arterials: LOS "D" at peak hour

Collectors: LOS "C" at peak hour (f) Recreation: See Table A.2 above

IV. REVIEW CRITERIA AND STAFF FINDINGS 1. The land use proposal is consistent with the overall goals, objectives, and policies of the

adopted Daytona Beach Shores Comprehensive Plan (2020).

Staff finding: The proposed land use amendment is consistent with overall goals, objectives, and Policies of the Daytona Beach Shores Comprehensive Plan (2020).

2. The amendment shall not decrease the LOS Standard for hurricane evacuation routes below

LOS Standard D and (b) the amendment shall not increase the clearance time for evacuation of the population in the Hurricane Vulnerability Zone above 16 hours.

Staff finding: The proposed land use amendment will generate negligible additional traffic, therefore: (a) there will be no decrease in the adopted LOS Standard for S. Atlantic Avenue (or S.R. A1A); and (b) considering the aforementioned, the hurricane evacuation clearance time shall also remain more or less the same for the subject roads in question.

3. Written assurances from service providers for sewage treatment, potable water, and solid

waste shall be provided when there is a future land use map amendment result in an increase in density or intensity.

Staff finding: Policy will be enforced during site plan development.

4. The amendment shall not result in objectionable land use designations inconsistent with the character of the overall future land use plan.

Staff finding: The proposed amendment will not result in an incompatible land use designation with adjacent parcels, the neighborhood or overall character of the future land use plan. The proposed land use is for Low Density Residential development, capped at three units.

5. The amendment shall not decrease the LOS Standards for public facilities adopted in Policy

9-1.3 of the City’s Comprehensive Plan.

Staff finding: As noted elsewhere in this staff report, impacts on public facilities will be negligible and can easily be accommodated by the existing systems capacities.

Ordinance 2013-01 Page No.1

ORDINANCE NO: 2013-01

AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY FLORIDA, RELATING TO COMPREHENSIVE PLANNING; AMENDING THE CITY OF DAYTONA BEACH SHORES COMPREHENSIVE PLAN, AMENDING CHAPTER 1, “FUTURE LAND USE ELEMENT”, BY AMENDING MAP L-4 ENTITLED, “GENERALIZED FUTURE LAND USE MAP (2020)” TO CHANGE THE FUTURE LAND USE DESIGNATION ASSIGNED TO ANNEXED PROPERTY, GENERALLY LOCATED ON THE WEST SIDE OF THE 3800 BLOCK OF S. ATLANTIC AVENUE, SHORT TAX PARCEL ID 6302-05-07-0110, FROM VOLUSIA COUNTY URBAN LOW INTENSITY TO DAYTONA BEACH SHORES RESIDENTIAL LOW DENSITY; PROVIDING FOR IMPLEMENTING ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR NON-CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Daytona Beach Shores is committed to planning and managing

the future growth of the City; and WHEREAS, the City of Daytona Beach Shores has the authority to amend its

Comprehensive Plan pursuant to Part II, Chapter 163, Florida Statutes; and WHEREAS, the proposed amendment to the City of Daytona Beach Shores

Comprehensive Plan directly relates to small scale development activities as provided in Section 163.3187(1)(c), Florida Statutes; and

WHEREAS, the Volusia County Growth Management Commission has issued a

determination of consistency in accordance with Section 202.3 of the Charter of Volusia County, Florida, for the proposed amendment to the City of Daytona Beach Shores Comprehensive Plan; and

WHEREAS, the Planning and Zoning Board, which is the local planning agency of the

City, and City Council of the City of Daytona Beach Shores have conducted public hearings and issued notices required by Florida law in the preparation and enactment of this Ordinance; and

WHEREAS, the property described in Section One herein was annexed into the City of

Daytona Beach Shores on July 28, 2004 to which an appropriate Future Land Use Map designation should be made; and


WHEREAS, the City Council of the City of Daytona Beach Shores declares that the purpose and intent of the proposed amendment to the City of Daytona Beach Shores Comprehensive Plan is to guide future growth and development; encourage the most appropriate use of the land, water and other resources, consistent with the public interest, promote and protect the public health, safety, comfort, good order, appearance, convenience, aesthetics, and general welfare; prevent the overcrowding of land and avoid undue concentration of population; provide adequate facilities and services; conserve and protect natural resources within the City, while protecting private property rights; and

WHEREAS, the City Council of the City of Daytona Beach Shores finds that this

Ordinance serves the best interest of the City of Daytona Beach Shores; and NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE

CITY OF DAYTONA BEACH SHORES, FLORIDA, AS FOLLOWS:

SECTION ONE: CHANGE IN FUTURE LAND USE ELEMENT/FUTURE LAND USE MAP. Chapter 1, “Future Land Use Element,” containing the Official Future Land Use Map (Map L-4) of the City of Daytona Beach Shores Comprehensive Plan is hereby amended to change the Future Land Use Designation of a +/-0.5 acre property annexed into the City of Daytona Beach Shores from Volusia County Urban Low Intensity to Daytona Beach Shores Residential Low Density as to property as described in Exhibit “A” as follows:

Location Address Short Tax Parcel ID Daytona Beach Shores Future Land Use Designation 3800 Block of S. Atlantic Avenue

6302-05-07-0110 Residential Low Density

SECTION TWO: IMPLEMENTING ADMINISTRATIVE ACTIONS. The Community Services Director is hereby authorized to transmit copies of the adopted amendment to the City of Daytona Beach Shores Comprehensive Plan to the appropriate agencies and to any other unit of local government who has filed a written request for a copy in accordance with the provisions of Section 163.3187(1)(c)2.b, Florida Statutes and Volusia Growth Management Rules.

SECTION THREE: CONFLICTS. All ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance are hereby repealed to the extent of such conflict.

SECTION FOUR: SEVERABILITY. If any section or portion of a section of this Ordinance, or application of any provision of this Ordinance, proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or part of this Ordinance.

SECTION FIVE. NON-CODIFICATION. This Ordinance shall be not be codified in the City Code of the City of Daytona Beach Shore or, the Land Development Code of the City of Daytona Beach Shores, or the City of Daytona Beach Shores Comprehensive Plan provided, however, that the actions taken herein shall be depicted on the Future Land Use Map of the City of Daytona Beach Shores by the City Manager, or designee.


SECTION SIX: EFECTIVE DATE. This Ordinance shall become effective, in accordance with the provisions of Section 163.3187, Florida Statutes, thirty-one (31) days after enactment; provided, however, if this Ordinance is challenged within thirty (30) days after enactment, this Ordinance shall not become effective until the Florida Department of Community Affairs, acting as the State Land Planning Agency, or the Administration Commission, respectively, issues a final order determining that the small scale development amendment to the City of Daytona Beach Shores Comprehensive Plan set forth in this Ordinance is in compliance. CITY OF DAYTONA BEACH SHORES, FLORIDA ______________________________________ HARRY JENNINGS, MAYOR ______________________________________ ______________________________ MICHAEL T. BOOKER, CITY MANAGER CHERI SCHWAB, CITY CLERK Approved as to form and legality: ________________________________________ LONNIE GROOT, CITY ATTORNEY Passed on first reading this ______ day of ________, 2013. Adopted on second reading this _______ day of _______, 2013.


EXHIBIT A

Staff Report: City Council January 22, 2012 Ord. 2013-2, Waibel Rezoning Request (RZ2012-2) Page 1 of 9

A. INTRODUCTION Terry and Terry Waibel, owners/applicants, request approval of the rezoning application RZ2012-2, which would change the zoning district classification of the vacant single-family residential (annexed in 2004) property located on the west side of the 3800 block of S. Atlantic Avenue from Volusia County R-9 Urban Single-Family Residential District to Daytona Beach Shores RMF-3 Multi-Family Residential District (Low Density). The zoning change, if approved, would consequently amend the City of Daytona Beach Shores Official Zoning Map to reflect the above noted request. The subject property contains 10,500 square feet which equates to an acreage of approximately 0.24.

B. BACKGROUND In 2004, the subject property was annexed from Volusia County into the corporate limits of the City of Daytona Beach Shores. Since then, no change in entitlements or development has occurred. Therefore, the subject vacant property has retained the Volusia County Zoning and Future Land Use designations. However, Section 171.062, Florida Statutes limits regulatory and development control over an annexing property if the area annexed was subject to a county land use plan and county zoning such that said regulations remain in full force and effect until the municipality adopts a comprehensive plan amendment and zoning change that includes the annexed area, hence, the purpose of this application. Therefore, the property owners have also submitted an application to amend the future land use classification of the property in question to Low Density Residential. This would allow the property owners to develop a triplex, however, the owners have noted that a duplex will instead be constructed, consistent and compatible with the

STAFF REPORT TO THE CITY COUNCIL

JANUARY 22, 2013

ITEM: Ordinance 2013-02 PROJECT NAME: Terry and Terry Waibel Proposed Amendment to the City’s Zoning Map LOCATION: S. Atlantic Avenue; Short Tax Parcel ID 6302-05-07-0110 APPLICANT: Terry and Terry Waibel (owners) STAFF CONTACT: Stewart Cruz; City Planner (386) 763-5361 REQUEST: Approval of Ordinance 2013-2, a proposed amendment to the City’s Official

Zoning Map, which would change the zoning district classification of the vacant single-family residential property located on S. Atlantic Avenue, Short Parcel ID 6302-05-07-0110, from Volusia County R-9 “Urban Single-Family Residential District” to Daytona Beach Shores RMF-3 “Multifamily Residential District (Low Density).”


surrounding land uses. The zoning change will be adopted subsequent to the formal future land use amendment of the subject property. C. EXISTING ZONING AND CURRENT LAND USE

Table 1 below provides a narrative description of the zoning district classifications and current land uses (i.e., existing development) for the subject property and surrounding area while Figure 1 provides an aerial view of the subject property and surrounding land uses. Table 1: Zoning and Land Use Area Description

Location Zoning Current Land Use Subject Property R-9* Vacant Lot North R-9 Duplex South R-9 Duplex East T-RMF-1 Shores Club COA West R-9 Single Family Residences

Notes: *R-9 = Volusia County Urban Single-Family Residential District; +T-RMF-1 = Daytona Beach Shores Hotel/Motel District – Multifamily Residential (High Density) District.

Figure 1: Aerial View of Zoning Site Surrounding Neighborhood

Source: Volusia County PALMS, 2013

As noted in Table 1 above, the subject property is currently zoned Volusia County R-9 Urban Single-Family Residential District. According to the Volusia County Land Development Code, the purpose, intent and permitted uses of the existing zoning district is as follows:

Zoning Site

Existing Duplex

Existing Duplex

Shores Club COA


“R-9 Urban Single-Family Residential District”:

Purpose and intent: The purpose and intent of the R-9 Urban Single-Family Residential classification, is to provide for continued medium-density single-family dwelling residential development on existing platted lots. Permitted principal uses and structures: In the R-9 Urban Single-Family Residential Classification, no premises shall be used except for the following uses and their customary accessory uses or structures: Communication towers not exceeding 70 feet in height above ground level. Essential utility services. Exempt excavations (refer to subsection 72-293(15)) or those which comply with division 8 of the Land Development Code of Volusia County [article III] or final site plan review procedures of this article. Exempt landfills (refer to subsection 72-293(16)). Fire stations. Home occupations, class A (refer to section 72-283). Houses of worship. Parks and recreational areas accessory to residential developments. Public schools. Publicly owned parks and recreational areas. Publicly owned or regulated water supply wells. Single-family standard or manufactured modular dwelling.

D. PROPOSED ZONING The proposed zoning for the subject property is RMF-3 Multi-Family Residential District (Low Density). According to the City’s Land Development Code, the purpose, intent and permitted uses of the proposed zoning district is as follows: “RMF-3 Multi-Family Residential District (Low Density)”: Purpose and Intent. 14-20.1. The purpose and intent of the RMF-3 Multifamily Residential District is to provide for multifamily residential living and certain properties abutting single-family residential districts providing to the needs of the citizens of the city by providing a well maintained and natural on-site environment for multifamily living. Permitted Principal Uses and Structures. 14-20.2. Multifamily dwellings, duplexes and townhouses. Telecommunication towers and antennas, subject to compliance with section 14-60.1 et seq.


E. COMPREHENSIVE PLAN The City is in the process of amending its Adopted Comprehensive Plan (2020) Future Land Use Map to assign the City’s Low Density Residential future land use (FLU) classification to the subject property. This FLU classification allows up to twelve (12) residential units per acre. With an acreage of 0.24, the maximum theoretical number of units that could be constructed on this site, providing all regulations are met, would be three units. The owners have indicated that the sole development of the property will be a duplex, i.e. two (2) single-family units.

Objective 1-1.4 of the Comprehensive Plan states that land uses which are inconsistent with the character and overall Future Land Use Plan of the City shall be discouraged through the prohibition of objectionable uses such as industries and warehousing. The proposed future land use and proposed zoning are not objectionable or inconsistent with the future land use map and surrounding neighborhood. Therefore, the proposed zoning classification is consistent with the City’s Adopted Comprehensive Plan (2020) and proposed FLU classification.

F. REVIEW AND COMMENTS CITY PLANNER – Stewart Cruz The subject application was received on December 10, 2012 and was initiated by the property owners, Terry and Terry Waibel. The subject vacant property is located on the west side of the 3800 S. Atlantic Avenue block and has an acreage of 0.24. The site has vehicular and pedestrian access to the abutting S. Atlantic Avenue (see Figure 1 above), which connects to S.R. A1A (S. Atlantic Avenue & Dunlawton Boulevard). As seen Table 1 above, the proposed zoning change will be consistent with adjacent land uses and compatible with the surrounding zoning and future land use classifications. The future development of the site will require compliance with the City’s Land Development Code (LDC) development standards, relating to setbacks, building height, stormwater discharge, etc. Since the application in question regards a triplex or duplex, it is exempt from the City’s Concurrency Review Process as it does not substantially impact any of the City’s public facilities or infrastructure. Further, adequate potable water, sewer, solid waste, recreation, public school and transportation facility capacities are currently available to the subject property. COMMUNITY SERVICES – Fred Hiatt, Director / Building Official The Director has reviewed the application and he has no comments. PUBLIC WORKS – Brian Edwards, Deputy Director / Facilities Superintendent The Facilities Superintendent has reviewed the application and he has no comments. PUBLIC SAFETY – Terry Griffiths, Fire Commander / Fire Marshal


The Fire Marshal has reviewed the application and he has no comments. ENGINEERING – Tetra Tech HAI This application does not require engineering review. Community Redevelopment Area (CRA) The subject property is not located in or near the CRA and does not require CRA review. G. FINDING OF FACTS When considering a request to change zoning, the City shall consider the following criteria pursuant to Section 14-66 of the Land Development Code. Below are staff’s findings considering each criterion outlined in the aforementioned section of the Code. The applicant’s responses to the criteria are attached as Exhibit A. 1. The proposed zoning will have a favorable or unfavorable impact on the environment and

natural resources of the area affected.

The proposed zoning change will not provide an unfavorable impact on the environment or natural resources of the area. The property in question, though overgrown with wild palms and other wild flora (Figure 2 below), is currently surrounded by urban development (see Figure 1 above). As such, it is believed the flora contains no significant environmental value. Further, the proposed zoning change would not permit hazardous uses such as industry, which could have an unfavorable impact on the environment and natural resources of the area. Instead, the zoning would permit a duplex/triplex consistent and compatible with the neighborhood land uses. Figure 2: Street View of Subject Site

Source: Google Maps 2013.


2. The proposed zoning will have a favorable or unfavorable impact on the economy of the area affected. The proposed zoning will generally have a favorable impact on the economy of the area as it will lead to the development of a site, provide job opportunities and create an increase in residential density and affordable housing.

3. The proposed zoning will efficiently use or unduly burden water, sewer, solid waste disposal or other necessary public facilities, including schools. The subject property is currently vacant but when developed, it will not unduly burden public facilities. The subject property currently has access to transportation, public schools, water, sewer, recreation and solid waste disposal services. All existing public facilities have adequate capacities and the proposed rezoning will only provide negligible impacts on said facilities. In addition, the difference in impact between what is currently permitted by the existing Volusia County zoning and what is proposed is also negligible (see Table 2 below). Table 2: Impact Analysis (Theoretical Max.)

Notes: 1. Population: 1.75 persons per single-family dwelling 2. Transportation: Rates are for peak hour of adjacent street traffic: Single-family residential

unit = 0.75 AM trips, 1.01 PM trips 3. Sanitary Sewer: 250 gallons per dwelling unit per day 4. Potable Water: 110 gallons per capita per day 5. Solid Waste: 10 pounds per capita per day 6. Stormwater Drainage: LOS standard = 25 year, 24 hour event. If property is redeveloped,

drainage system will be designed to meet the requirements of the Land Development Code.

7. Recreation City currently has an oversupply of recreational facilities. Demand created by single-family residence and triplex residence are negligible.

8. Public School: Generation rates = 0.396 per single-family unit. Sources: 2010 US Census ITE Trip Generation Manual, 7th Edition Policy 9-1.3 Daytona Beach Shores Comprehensive Plan Update (2020)

Development Variable Current Future Land Use

(0.2-4 units/acre) Proposed Future Land Use

(0-12 units/acre) Difference

Residential Units Allowed 1 3 2 Population1 1.75 5.25 3.5 AM / PM Peak Hour Trips2 1.5/2.02 2.25/3.03

0.75/1.01

Sanitary Sewer (gallons/day)3 250 750

500

Potable Water (gallons/day)4 192.5 577.5

385

Solid Waste (lbs./day)5 17.5 52.5 35 Stormwater Drainage6 n/a n/a n/a Recreation/Open Space7 n/a n/a n/a Public School Student(s)8 0.396 1.19 0.79


4. The proposed zoning will efficiently use or unduly burden transportation facilities. The proposed zoning will not unduly burden transportation facilities. There is already adequate vehicular access from the abutting S. Atlantic Avenue road and the existing system of local, collector and arterial road network. The adjacent transportation network currently operates above the City, County and State adopted level of services (see CPA2012-1 Staff Report).

5. The proposed zoning will favorably or adversely affect the ability of people to find adequate housing reasonably accessible to their places of employment. The proposed zoning change involves a vacant single-family residential property being rezoned to a Daytona Beach Shores multi-family residential zoning district (low density). The resulting change in entitlement is from one (1) unit to three (3) units. Hence, the rezoning will not impact the ability of people to find adequate housing since the change will actually create new housing units and increasing the existing housing stock.

6. The proposed zoning is basically consistent with the comprehensive land use plan.

The City is in the process of amending its Adopted Comprehensive Plan (2020) Future Land Use Map to assign the City’s Low Density Residential future land use (FLU) classification to the subject property. This FLU classification allows up to 12 residential units per acre, which would result in a maximum of three (3) units on site. However, the property owner has noted that their intention is build a duplex on the property in question. Objective 1-1.4 of the Comprehensive Plan states that land uses which are inconsistent with the character and overall Future Land Use Plan of the City shall be discouraged through the prohibition of objectionable uses such as industries and warehousing. The proposed future land use and proposed zoning are not objectionable or inconsistent with the future land use map and surrounding neighborhood. Therefore, the proposed zoning classification is consistent with the City’s Adopted Comprehensive Plan (2020) and proposed FLU classification.

7. Have conditions relative to the property in question and the surrounding area so

changed as to require zoning classification boundaries be amended to reflect new conditions? The physical, economic or environmental conditions relative to the property in question and the surrounding area have not changed so as to require a zoning change. However, the subject property was annexed into the City in 2004 through the voluntary annexation process pursuant to Section 171.044, Florida Statutes. However, Section 171.062, Florida Statutes limits regulatory and development control over an annexing property if the area annexed was subject to a county land use plan and county zoning and said regulations remain in full force and effect until the municipality adopts a comprehensive plan amendment that includes the annexed area, hence, the purpose of this application to amend the zoning classification of the subject property.


8. Was there a mistake in the original zoning of the property so that such zoning does not properly reflect the actual or developing conditions of the area? There was no mistake made in the original zoning of the property. The property was annexed into the City from unincorporated Volusia County; therefore the appropriate City zoning classification must be assigned so that the City may provide developmental and regulatory control.

9. Will the proposed change promulgate or encourage a physical benefit or have a

stabilizing effect on the surrounding areas? The proposed zoning change is consistent with the adjacent land uses to the north and south and compatible with the adjacent single-family residences to the west. Therefore, the proposed change will maintain a stabilizing effect on the surrounding areas.

10. Would the proposed changes constitute "spot zoning"? Spot zoning generally occurs when an individual parcel is assigned a zoning classification that is incompatible with the surrounding area. However, as noted above, the proposed zoning change is consistent with the adjacent land uses to the north and south and compatible with the adjacent single-family residences to the west. Therefore, the proposed change does not constitute spot zoning.

11. Is the proposed change a singling out of a small parcel of land, allowing a use totally

different from that of the surrounding area, and would such use violate the integrity of the zoning classification? The proposed change involves rezoning one individual property which annexed into the City’s corporate limits. The proposed zoning classification is consistent with the existing neighborhoods uses, future land use and zoning classifications. Therefore, the proposed change is not the singling out of a small parcel of land allowing a use that is totally different from that of the surrounding area.

12. Is the change solely for the benefit of the owner and to the detriment of the community?

The proposed change involves rezoning one individual property which annexed into the City’s corporate limits. The proposed zoning classification is consistent with the existing neighborhoods use, future land use and zoning classifications. Therefore, the proposed change would not be solely for the benefit of the owner and to the detriment of the community but instead the change would benefit the entire community by maintaining the existing land use of the property and the integrity of the neighborhood.

13. Will the proposed change especially suit the applicant's own special purpose rather than

serve the community? The proposed change is consistent with the neighborhood existing and future land uses and therefore serves the entire community by maintaining low density residential characteristics.


14. Would the requested change materially diminish the value of surrounding properties or substantially alter the characteristics of the neighborhood?

The rezoning will not materially diminish the value of the surrounding properties or substantially alter the characteristics of the neighborhood since the proposed rezoning will ensure the low density nature of the community is maintained.

H. PLANNING AND ZONING BOARD On January 14, 2013 the Daytona Beach Shores Planning and Zoning Board unanimously recommended approval of the proposed rezoning application. I. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2013-02 as presented.


ORDINANCE NO. 2013-02

AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, ASSIGNING THE RMF-3 MULTI-FAMILY RESIDENTIAL DISTRICT (LOW DENSITY) ZONING CLASSIFICATION TO ANNEXED PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF THE 3800 BLOCK OF S. ATLANTIC AVENUE, SHORT TAX PARCEL ID 6302-05-07-0110; PROVIDING MODIFICATION OF THE OFFICIAL ZONING MAP; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR NON-CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City of Daytona Beach Shores is committed to planning and managing the future growth of the City; and

WHEREAS, the property described in Section One herein was annexed into the City of Daytona Beach Shores on July 28, 2004 and an appropriate City zoning classification must be assigned to the real property in accordance with the requirements of controlling law; and

WHEREAS, the City Council of the City of Daytona Beach Shores has received recommendation from staff and the Planning and Zoning Board for the assignment of zoning classification to said annexed property and has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance; and

WHEREAS, the City Council of the City of Daytona Beach Shores finds such rezoning

consistent with the City of Daytona Beach Shores Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the Official Zoning Map as hereinafter set forth,

NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE

CITY OF DAYTONA BEACH SHORES, FLORIDA, as follows: SECTION ONE: REZONING OF REAL PROPERTY. The property described hereinafter which was annexed into the City of Daytona Beach Shores pursuant to Ordinance No. 2004-22 is hereby rezoned and assigned the zoning classification as follows:

Short Tax Parcel ID #6302-05-07-0110, as described in Exhibit “A” as attached, is assigned the RMF-3, Multi-family Residential District (Low Density) Zoning Classification.

SECTION TWO: AMENDMENT OF OFFICIAL ZONING MAP. The Official City Zoning Map is hereby amended to conform with the rezoning assigned herein. SECTION THREE. IMPLEMENTING ADMINISTRATIVE ACTIONS. The City Manager, or designee, is authorized to take any and all required administrative actions to


implement the provisions of this Ordinance including, but not limited to, providing notice of this rezoning to the Volusia County Council in accordance with applicable law. SECTION FOUR. NON-CODIFICATION. This Ordinance shall be not be codified in the City Code of the City of Daytona Beach Shores or the Land Development Code of the City of Daytona Beach Shores; provided, however, that the actions taken herein shall be depicted on the Official Zoning Map of the City of Daytona Beach Shores by the City Manager, or designee. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall take effect immediately upon enactment. CITY OF DAYTONA BEACH SHORES, FLORIDA ______________________________________ HARRY JENNINGS, MAYOR ______________________________________ ______________________________ MICHAEL T. BOOKER, CITY MANAGER CHERI SCHWAB, CITY CLERK Approved as to form and legality: ________________________________________ LONNIE GROOT, CITY ATTORNEY Passed on first reading this ______ day of ________, 2013. Adopted on second reading this _______ day of _______, 2013.


EXHIBIT A

TO: Michael T. Booker – City Manager FROM: Stewart Cruz – City Planner CC: Fred Hiatt – Director/Building Official SUBJECT: Ordinance 2013-03, amending the City’s Land Development Code Industrial Wastewater Pretreatment Regulations DATE: January 14, 2013 A. SUMMARY Section 6 of the Fourth Addendum to the Wholesale Service Agreement (for sanitary sewer) between the City of Daytona Beach Shores and the City of Port Orange calls for the City of Daytona Beach Shores to adopt and enforce a similar industrial wastewater pretreatment ordinance that will be no less stringent than the Port Orange industrial wastewater pretreatment ordinance whenever the most recent version of the Port Orange ordinance is amended. This is to ensure consistency in industrial wastewater pretreatment standards throughout the Port Orange sewer service area, which includes the City of Daytona Beach Shores, Ponce Inlet, Port Orange and others. Ultimately, the goal of this requirement and the proposed ordinance is to protect the environment as required by Federal and State Law.

On 2012, the City of Port Orange adopted Ordinance 2012-17 (attached), which updated the City of Port Orange industrial wastewater pretreatment regulations consistent with controlling law. The City of Daytona Beach Shores is now obliged to adopt a similar ordinance pursuant to the agreement. As such, Daytona Beach Shores Ordinance 2012-03 was drafted to adopt Port Orange Ordinance 2012-17 by reference. B. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2013-03 as presented.

City of Daytona Beach Shores Community Services Department

2990 South Atlantic Avenue Daytona Beach Shores, FL 32118

Telephone (386) 763-5377

Ordinance 2013-03 Page 1 of 3

ORDINANCE 2013-03 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, AMENDING THE MUNICIPAL CODE OF ORDINANCES, LAND DEVELOPMENT CODE; REPEALING SECTION 2-4 OF CHAPTER 2 AND APPENDIX “G”, ENTITLED “SEWER AND SEWAGE DISPOSAL DEFINITIONS,” WITH RESPECT TO BEING AND AS INCONSISTENT WITH SECTION 74-101 OF THE CITY OF PORT ORANGE, FLORIDA, CODE OF ORDINANCES, ENTITLED “DEFINITIONS;” REVISING, IN ITS ENTIRETY CHAPTER 12 ENTITLED “UTILITIES,” BY REPEALING AND RE-ADOPTING SECTION 12-4 ENTITLED “SEWERS AND SEWAGE DISPOSAL” TO INCORPORATE THE PROVISIONS OF THE CITY OF PORT ORANGE, FLORIDA, CODE OF ORDINANCES AND THE INDUSTRIAL PRETREATMENT PROVISIONS OF THE FEDERAL CLEAN WATER ACT THEREBY PROVIDING NECESSARY UPDATES AND REVISIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Article VIII, Section 2, Constitution of the State of Florida, authorizes the City

of Daytona Beach Shores to exercise any power for municipal purposes except as otherwise provided by law; and

WHEREAS, Section 163.3202, Florida Statutes, provides that the City of Daytona Beach Shores shall adopt and enforce land development regulations for the purpose of implementing its comprehensive plan and protecting the public health, safety, and general welfare; and

WHEREAS, the City of Daytona Beach Shores is required to amend its Industrial Pretreatment Provisions pursuant to the Fourth Addendum to the Wholesale Service Agreement for wastewater between the City of Daytona Beach Shores and the City of Port Orange; and

WHEREAS, the regulations and prohibitions set forth below are necessary to protect the health and welfare of the Daytona Beach Shores and Port Orange citizenry and employees; and

WHEREAS, the enforcement of the provisions set forth below will ensure that the Daytona Beach Shores and Port Orange wastewater facilities remain in good working order.

WHEREAS, the City Council of the City of Daytona Beach Shores finds it is in the best interest and welfare of the citizens; and WHEREAS, the City of Daytona Beach Shores has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance; and


WHEREAS, this Ordinance is consistent with the goals, objectives and policies of the Comprehensive Plan of the City Daytona Beach Shores; and

NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA THAT: SECTION ONE: Section 2-4; Chapter 2, Appendix “G;” Land Development Code; Code of Ordinances of the City of Daytona Beach Shores, entitled “Sewer and sewage disposal definitions,” is repealed with respect to all definitions that are set forth in the Section as being inconsistent in any way with the definitions set forth in Section 74-101 of the City of Port Orange, Florida, Code Of Ordinances , entitled “Definitions” which definitions are hereby adopted by reference as if fully set forth herein verbatim and shall be enforced within the City of Daytona Beach Shores. The Code codifier is directed, authorized and instructed to make any and all necessary revisions to the Code of Ordinances of the City of Daytona Beach Shores to implement this direction. SECTION TWO: Subsections 12-4.50 through 12-4.59 and Subsections 12-4.62 and 12-4.63, of the Section entitled “Sewers and sewage disposal;” Chapter 12, entitled “Utilities;” Appendix “G;” Land Development Code; Code of Ordinances of the City of Daytona Beach Shores, is hereby repealed and recreated and re-adopted to read as follows: Sec. 12-4. - Sewers and sewage disposal. (a). The provisions of Part II; Chapter 74, entitled Utilities; Article III, Entitled “Sewer System And Sewage Disposal”; Division 2, entitled “Industrial Pretreatment Program;” of the City of Port Orange, Florida, Code Of Ordinances; are hereby adopted by reference as if fully set forth herein verbatim and shall be enforced within the City of Daytona Beach Shores; provided, however, that, the City of Daytona Beach Shores shall be the enforcement agency within the City Limits of the City of Daytona Beach Shores and the City of Daytona Beach Shores shall also be directed by the Rules of the City Manager as provided for in Subsection (b). (b). The City Manager is hereby authorized and directed to implement the provisions of this Ordinance by means of the adoption of administrative rules as may be deemed necessary and appropriate. (c). Nothing herein shall preclude, eliminate or waive the City of Port Orange’s rights established pursuant to the Daytona Beach Shores – City of Port Orange Fifth Addendum to the Wholesale Service Agreement, Section 6, entitled “Maintenance of Adequate Service.” SECTION THREE: ENFORCEMENT AND PENALTIES. (a). It is prohibited and unlawful for any person to fail to comply with the requirements of this Ordinance. (b). The City may enforce the provisions of this Ordinance by any lawful means available to the City under the controlling provisions of State law.


(c). The penalties for violation of this Ordinance shall be as set forth in the code enforcement method asserted by the City under the Code of Ordinances of the City of Daytona Beach Shores, Florida or as may be available under the controlling provisions of State law. SECTION FOUR: SAVINGS. The prior actions of the City of Daytona Beach Shores relating to the regulation of industrial wastewater pretreatment are hereby ratified and affirmed. SECTION FIVE: CODIFICATION. The provisions of this Ordinance, including its recitals, shall become and be made a part of the Code of Ordinances of the City of Daytona Beach Shores, Florida and the Sections of this Ordinance may be renumbered or relettered to accomplish such intention and the word "Ordinance", or similar words, may be changed to "Section," "Article", or other appropriate word; provided, however, that Sections three, Four, Five, Six, Seven and Eight shall not be codified. The Code codifier is granted liberal authority to codify the provisions of this Ordinance. SECTION SIX: CONFLICTS. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed to the extent of such conflict.

SECTION SEVEN: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION EIGHT: EFFECTIVE DATE. This Ordinance shall take effect immediately upon enactment.

CITY OF DAYTONA BEACH SHORES, FLORIDA

____________________________________ HARRY JENNINGS, MAYOR

________________________________________ ______________________________ MICHAEL T. BOOKER, CITY MANAGER CHERI SCHWAB, CITY CLERK

Approved as to form and legality:

_________________________________________ LONNIE GROOT, CITY ATTORNEY

Passed on first reading this ______ day of ________, 2013. Adopted on second reading this _______ day of _______, 2013.

TO: Michael T. Booker – City Manager FROM: Stewart Cruz – City Planner CC: Fred Hiatt – Director/Building Official SUBJECT: Ordinance 2013-04, amending the City’s Land Development Code Floodplain Management Regulations and Amending the Florida Building Code DATE: January 16, 2013 A. SUMMARY On March 15, 2012 the 2010 Florida Building Code (FBC) came into effect. The 2010 Florida Building Code now has flood provisions from the model International Code Series that forms the basis for the FBC. Changes to local floodplain management regulations and local administrative amendments to the 2010 Florida Building Code are now necessary to properly coordinate with the FBC. A new model ordinance drafted by the Florida Department of Emergency Management was provided to all local governments with flood hazard areas. The new model ordinance is coordinated with the FBC and also satisfies the requirements of the National Flood Insurance Program (NFIP). It has been designed to repeal and replace existing local floodplain management regulations. City staff has worked with the Florida Department of Emergency Management consulting staff to ensure compliance (attached). All cities, including Daytona Beach Shores, with flood hazard areas are required to adopt the new model ordinance and code amendments (attached), which establishes criteria for development in flood hazard areas while adopting local administrative amendments to the Florida Building Code to ensure coordination between the two. The City of Daytona Beach Shores has two flood hazard area zones. B. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2013-04 as presented.



Telephone (386) 763-5377


ORDINANCE NO. 2013-04

AN ORDINANCE BY THE CITY COUNCIL OF DAYTONA BEACH SHORES AMENDING THE MUNICIPAL CODE OF ORDINANCES, LAND DEVELOPMENT CODE; AMENDING APPENDIX “G”, TO SUBSTANTIALLY REVISING AND AMENDING CHAPTER 10 ENTITLED “FLOOD DAMAGE PREVENTION;” PERTAINING TO FLOOD HAZARD MAPS, A FLOODPLAIN ADMINISTRATOR, PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS; ADOPTING LOCAL ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR A FISCAL IMPACT STATEMENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of the City of Daytona Beach Shores and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and WHEREAS, the City of Daytona Beach Shores was accepted for participation in the National Flood Insurance Program on September 7, 1973 and the City Council of the City of Daytona Beach Shores desires to continue to meet the requirements of Title 44, Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, Chapter 553, Florida Statutes, was enacted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a Statewide building code, called the Florida Building Code; and WHEREAS, Section 553.73(5), Florida Statutes, allows adoption of local administrative to the Florida Building Code to implement the National Flood Insurance Program; and WHEREAS, the City Council of the City of Daytona Beach Shores has determined that it is in the public interest to adopt the proposed floodplain management regulations that are


coordinated with the Florida Building Code: and WHEREAS, for purposes of this Ordinance, underlined type shall constitute additions to the original text, *** shall constitute ellipses to the original text and strikethrough shall constitute deletions to the original text; provided, however, that, inasmuch as this is a substantial revision to the codes and ordinances of the City not all legislative coding may be inserted; provided, further, however, that any lack of legislative coding shall not, in any way, affect the validity of this Ordinance.. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Daytona Beach Shores, Florida as follows: SECTION ONE. LEGISLATIVE FINDINGS AND DETERMINATIONS. (a). The City staff report and City Council agenda memorandum relating to this matter are hereby adopted as if fully set forth herein.

(b). The City of Daytona Beach Shores has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance.

(c). The foregoing recitals (whereas clauses) are hereby adopted as the legislative findings of the City Council of the City of Daytona Beach Shores and incorporated into this Ordinance as if set forth in haec verba.

(d). This Ordinance is an exercise of the City of Daytona Beach Shores' powers as a municipality under the provisions of Article VIII, Section 2 of the Constitution of the State of Florida; Chapter 163, Florida Statutes; Chapter 166, Florida Statutes, and other applicable law. SECTION TWO. This Ordinance specifically substantially revises and replaces the following regulations: Land Development Code, Chapter 10, Appendix “G”, Code of Ordinances of the City of Daytona Beach Shores, entitled “Flood Damage Prevention” all of which provisions are substantially revised and amended herein as follows: CHAPTER 1 ADMINISTRATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Floodplain Management Regulations of the City of Daytona Beach Shores, hereinafter sometimes referred to as “this Ordinance.” 101.2 Scope. The provisions of this Ordinance apply to all development that is wholly within or partially within any flood hazard area including, but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and


facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. 101.3 Intent. The purposes of this Ordinance and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to:

1. Minimize unnecessary disruption of commerce, access and public service during times of flooding;

2. Require the use of appropriate construction practices in order to prevent or minimize future flood damage;

3. Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential;

4. Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain;

5. Minimize damage to public and private facilities and utilities;

6. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas;

7. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and

8. Meet the requirements of the National Flood Insurance Program for City participation as set forth in the Title 44, Code of Federal Regulations, Section 59.22.

101.4 Coordination with the Florida Building Code. This Ordinance is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. 101.5 Warning. The degree of flood protection required by this Ordinance and the Florida Building Code, as may be amended by the City, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This Ordinance does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this ordinance. 101.6 Disclaimer of Liability. This Ordinance shall not create liability on the part of the City Council of the City of Daytona Beach Shores or by any officer or employee thereof for any flood


damage that results from reliance on this Ordinance or any administrative decision lawfully made thereunder. 101.6 Finding of Fact. 1. The flood hazard areas of the City of Daytona Beach Shores are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 2. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed, or otherwise unprotected from flood damage. 3. The only flood hazard zone designations in the city are the "A" zone designation (a "special flood hazard" area) and the "V" zone which is the coastal high hazard area. Construction in these two zones is prohibited and unlawful in accordance with the City's land development regulations at Section 14-59 4. The City's land development regulations do not allow construction in any designated flood hazard area and therefore the only area of concern relative to flooding is in the elevation of the lowest floor of a proposed structure in relation to mean sea level and the 100-year base flood elevation. 101.7 Objectives. The objectives of this Ordinance are: 1. To protect human life and health; 2. To minimize expenditure of public money for costly flood control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. To minimize prolonged business interruptions; 5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and 7. To ensure that potential home buyers are notified that property is in a flood area.


101.8 Establishment of a Development Permit. A development permit shall be required in conformance with the provisions of this Ordinance prior to the commencement of any development activities. 101.9 Compliance. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 102.2 Areas to which this Ordinance applies. This Ordinance applies to all flood hazard areas within the City of Daytona Beach Shores, as established in Section 102.3.

102.3 Basis for establishing flood hazard areas. The Flood Insurance Study for Volusia County, Florida and Incorporated Areas dated September 29, 2011, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this Ordinance and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the Daytona Beach Shores Community Services Department, Building Division. 102.3.1 Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 105 the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the City indicates that ground elevations:

1. Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a Flood Insurance Rate Maps, the area shall be considered as flood hazard area and subject to the requirements of this \Ordinance and, as applicable, the requirements of the Florida Building Code.

2. Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area.

102.4 Other laws. The provisions of this Ordinance shall not be deemed to contravene any provisions of local, State or Federal law and shall be read in para materia with all other applicable law. 102.5 Abrogation and greater restrictions. This Ordinance supersedes any Ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or


abrogate any existing codes and ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this Ordinance and any other code or ordinance, the more restrictive shall govern. This Ordinance shall not be applied or construed to impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this Ordinance. 102.6 Interpretation. In the interpretation and application of this Ordinance, its provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the City; and

3. Deemed neither to limit nor repeal any other powers granted under State law. SECTION 103 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR 103.1 Designation. The Daytona Beach Shores City Manager, or designee, is designated as the City’s Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. 103.2 General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this Ordinance. The Floodplain Administrator shall have the authority to render interpretations of this Ordinance consistent with the intent and purpose of this Ordinance and may adopt rules and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this Ordinance without the granting of a variance pursuant to Section 107. 103.3 Applications and permits. The Floodplain Administrator, in coordination with other pertinent offices of the City, shall:

1. Review applications and plans to determine whether proposed new development will be located in flood hazard areas;

2. Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this Ordinance;

3. Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation;

4. Provide available flood elevation and flood hazard information;

5. Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant;

6. Review applications to determine whether proposed development will be reasonably safe from flooding;


7. Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this Ordinance is demonstrated, or disapprove the application, in accordance with the provisions of Section 166.033, Florida Statutes, and other controlling law in the event of noncompliance; and

8. Coordinate with and provide comments to the Building Official to assure that applications, plan reviews and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this Ordinance.

103.4 Determinations for existing buildings and structures. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:

1. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;

2. Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;

3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and

4. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this Ordinance is required.

103.5 Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 107. 103.6 Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this Ordinance. 103.7 Inspections. The Floodplain Administrator shall make the required inspections as specified in Section 106 for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The


Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. 103.8 Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limited to:

1. Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 103.4;

2. Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency;

3. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to the Federal Emergency Management Agency the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available;

4. Review required design certifications and documentation of elevations specified by this Ordinance and the Florida Building Code to determine that such certifications and documentations are complete;

5. Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Daytona Beach Shores are modified;

6. Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Public Law 97-348) and the Coastal Barrier Improvement Act of 1990 (Public Law 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on Flood Insurance Rate Maps as “Coastal Barrier Resource System Areas” and “Otherwise Protected Areas.”

103.9 Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this Ordinance and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this Ordinance; notifications to adjacent communities, the Federal Emergency Management Agency, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this Ordinance and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at Community Services Department, Building Division.


SECTION 104 PERMITS 104.1 Permits required. Any owner or owner’s authorized agent (hereinafter “applicant”) who intends to undertake any development activity within the scope of this Ordinance, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this Ordinance and all other applicable codes and regulations has been satisfied. 104.2 Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this Ordinance for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit. 104.2.1 Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (Title 44, Code of Federal Regulations, Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code, Building Section 102.2 and any further exemptions provided by law, which are subject to the requirements of this Ordinance:

1. Railroads and ancillary facilities associated with the railroad.

2. Nonresidential farm buildings on farms, as provided in Section 604.50, Florida Statutes.

3. Temporary buildings or sheds used exclusively for construction purposes.

4. Mobile or modular structures used as temporary offices.

5. Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity.

6. Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features.

7. Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.

8. Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system.

9. Structures identified in section 553.73(10)(k), Florida Statutes, are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps.


104.3 Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the City. The information provided shall:

1. Identify and describe the development to be covered by the permit or approval.

2. Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.

3. Indicate the use and occupancy for which the proposed development is intended.

4. Be accompanied by a site plan or construction documents as specified in Section 105 of this Ordinance.

5. State the valuation of the proposed work.

6. Be signed by the applicant or the applicant's authorized agent.

7. Give such other data and information as required by the Floodplain Administrator. 104.4 Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this Ordinance shall not be construed to be a permit for, or approval of, any violation of this Ordinance, the Florida Building Codes, or any other code, ordinance, regulation or requirement of this City. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. 104.5 Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. 104.6 Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this Ordinance or any other code, ordinance, regulation or requirement of this City.

104.7 Other Permits Required. Floodplain development permits and building permits shall include a condition that all other applicable local, state or federal permits be obtained before commencement of the permitted development, including, but not limited to the following entities:

a. The St. John’s River Water Management District.

b. Florida Department of Health.

c. Florida Department of Environmental Protection.


SECTION 105 SITE PLANS AND CONSTRUCTION DOCUMENTS 105.1 Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this Ordinance shall be drawn to scale and shall include, as applicable to the proposed development:

1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development.

2. Where flood hazard areas, base flood elevations, or floodway data are not included on the Flood Insurance Rate Maps or in the Flood Insurance Study, they shall be established in accordance with Section 105.2.

3. Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the Flood Insurance Rate Maps or in the Flood Insurance Study, such elevations shall be established in accordance with Section 105.2(1) or (2).

4. Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide.

5. Location, extent, amount, and proposed final grades of any filling, grading, or excavation.

6. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.

7. Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, if applicable.

8. Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection.

9. Existing and proposed alignment of any proposed alteration of a watercourse. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this ordinance but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this Ordinance. 105.2 Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the Flood Insurance Rate Maps and base flood elevation data have not been provided, the Floodplain Administrator shall:

1. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices.

2. Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain


and use base flood elevation and floodway data available from a Federal or State agency or other source.

3. Where base flood elevation data are not available from another source, where available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:

a. Require the applicant to include base flood elevation data prepared in accordance with sound and generally accepted engineering practices and principles; or

b. Specify that the base flood elevation is 2 feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than 2 feet.

4. Where the base flood elevation data are to be used to support a Letter of Map Change from the Federal Emergency Management Agency, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by the Federal Emergency Management Agency, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.

105.3 Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents:

1. For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to the Federal Emergency Management Agency as specified in Section 105.4 and shall submit the Conditional Letter of Map Revision, if issued by the Federal Emergency Management Agency, with the site plan and construction documents.

2. For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the Flood Insurance Rate Maps and floodways have not been designated, hydrologic and hydraulic analyses that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than 1 foot at any point within the City. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.

3. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to the Federal Emergency


Management Agency as specified in Section 105.4.

4. For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage.

105.4 Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from the Federal Emergency Management Agency to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on Flood Insurance Rate Maps, and to submit such data to the Federal Emergency Management Agency for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by the Federal Emergency Management Agency. Submittal requirements and processing fees shall be the responsibility of the applicant. SECTION 106 INSPECTIONS 106.1 General. Development for which a floodplain development permit or approval is required shall be subject to inspection. 106.1.1 Development other than buildings and structures. The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this Ordinance and the conditions of issued floodplain development permits or approvals. 106.1.2 Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. 106.1.2.1 Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner’s authorized agent, shall submit to the Floodplain Administrator:

1. If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or

2. If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 105.2(3)(b)of this ordinance, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner’s authorized agent.

106.1.2.2 Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner’s authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 106.1.2.1 of this


ordinance. 106.1.3 Manufactured homes. The Building Official shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this ordinance and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Building Official. SECTION 107 VARIANCES AND APPEALS 107.1 General. The Board of Adjustments shall hear and decide on requests for appeals and requests for variances from the strict application of this ordinance. Pursuant to Section 553.73(5), Florida Statutes, the Board of Adjustments shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building Code, Building. 107.2 Variance. The Board of Adjustments shall hear and decide variances when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this Ordinance. Any person aggrieved by the decision of Board of Adjustments may appeal such decision to the Circuit Court, as provided by controlling Florida law. 107.3 Limitations on authority to grant variances. The Board of Adjustments shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 107.6, the conditions of issuance set forth in Section 107.7, and the comments and recommendations of the Floodplain Administrator and the Building Official. The Board of Adjustments has the right to attach such conditions as it deems necessary to further the purposes and objectives of this Ordinance. 107.3.1 Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 105.3. 107.4 Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building’s continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building’s continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code. 107.5 Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in


this Ordinance, provided the variance meets the requirements of Section 107.3.1, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. 107.6 Considerations for issuance of variances. In reviewing requests for variances, the Board of Adjustments shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this Ordinance, and the following:

1. The danger that materials and debris may be swept onto other lands resulting in further injury or damage;

2. The danger to life and property due to flooding or erosion damage;

3. The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners;

4. The importance of the services provided by the proposed development to the City;

5. The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion;

6. The compatibility of the proposed development with existing and anticipated development;

7. The relationship of the proposed development to the comprehensive plan and floodplain management program for the area;

8. The safety of access to the property in times of flooding for ordinary and emergency vehicles;

9. The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

10. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

107.7 Conditions for issuance of variances. Variances may be issued, but only upon specific and detailed findings of the following; provided, however, that it shall be the burden of the property owner to prove all such matters and; provided, further, however, that the property owner shall have no entitlement to a variance and the best interests of the public shall be the predominant factor in determinations.

1. Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this Ordinance or the required elevation standards;

2. Determination by the Board of Adjustments that:

a. Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship;

b. The granting of a variance will not result in increased flood heights, additional


threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing City codes and ordinances; and

c. The variance is the minimum necessary, considering the flood hazard, to afford relief.

3. Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court, at the expense of the applicant, in such a manner that it appears in the chain of title of the affected parcel of land; and

4. If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25.00 for $100.00 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property.

SECTION 108 VIOLATIONS 108.1 Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this ordinance, that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this Ordinance, shall be deemed a violation of this Ordinance. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this Ordinance or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. 108.2 Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this Ordinance and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner’s agent, or to the person or persons performing the work. 108.3 Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by controlling law. 108.4 Means of Enforcement. The provisions of this Ordinance may be enforced by the City utilizing any legal remedy or code enforcement process available under controlling Florida law. Any continuing violations of the terms, conditions, regulations, limitations or provisions of this Ordinance may be enjoined and restrained by an injunctive order of the Circuit Court in appropriate proceedings instituted for such purposes and the City Attorney is authorized to file such actions with the concurrence of the City Manager.

108.5 Penalties. The penalties for violation of this Ordinance shall be the maximum authorized


penalty under the remedy, process or procedure which the City elects to pursue.

108.6 Continuing Violations. Any person violating any of the terms, conditions, regulations, limitations or provisions of this Ordinance shall be subject to penalty. Each day that any violation of the terms, conditions, regulations limitations or provisions of this Ordinance shall continue to exist, shall constitute a separate and distinct offense. Any continuing violations of the terms, conditions, regulations, limitations or provisions of this Ordinance may be enjoined and restrained by an injunctive order of the Circuit Court in appropriate proceedings instituted for such purposes. CHAPTER 2 DEFINITIONS SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the words and terms contained in Section 2-7 of this Code shall, for the purposes of this Ordinance, have the meanings shown in Section 2-7 of this Code. 201.2 Terms defined in the Florida Building Code. Where terms are not defined in this Ordinance and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that Code. 201.3 Terms not defined. Where terms are not defined in this Ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. CHAPTER 3 FLOOD RESISTANT DEVELOPMENT SECTION 301 BUILDINGS AND STRUCTURES 301.1 Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 104.2.1, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Section 307. 301.2 Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area:

1. Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322.

2. Minor structures and non-habitable major structures as defined in Section 161.54, Florida Statutes, shall be designed and constructed to comply with the intent and applicable


provisions of this Ordinance and ASCE 24. SECTION 302 SUBDIVISIONS 302.1 Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that:

1. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and

3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures.

302.2 Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:

1. Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats and final plats;

2. Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the Flood Insurance Rate Maps, the information required in Section 105.2(1); and

3. Compliance with the site improvement and utilities requirements of Section 303. SECTION 303 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS 303.1 Minimum requirements. All proposed new development shall be reviewed to determine that:

1. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and

3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures.

303.2 Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, Florida Administrative Code, and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. 303.3 Water supply facilities. All new and replacement water supply facilities shall be designed


in accordance with the water well construction standards in Chapter 62-532.500, Florida Administrative Code, and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 303.4 Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regarding, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 105.3(1) demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. 303.5 Limitations on placement of fill. Subject to the limitations of this Ordinance, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code. 303.6 Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by Section 105.3(4) demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with Section 307.8. SECTION 304 MANUFACTURED HOMES 304.1 General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to Section 320.8249, Florida Statutes, and shall comply with the requirements of Chapter 15C-1, Florida Administrative Code, and the requirements of this Ordinance. 304.2 Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that:

1. In flood hazard area (Zone A) other than coastal high hazard areas, are designed in accordance the foundation requirements of the Florida Building Code, Residential Section R322.2 and this Ordinance.

2. In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and this Ordinance.

304.3 Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance.


304.4 Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 304.4.1 or Section 304.4.2, as applicable. 304.4.1 General elevation requirement. Unless subject to the requirements of Section 304.4.2, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V). 304.4.2 Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 304.4.1, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the:

1. Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V); or

2. Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade.

304.5 Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area. 304.6 Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area. SECTION 305 RECREATIONAL VEHICLES AND PARK TRAILERS 305.1 Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall:

1. Be on the site for fewer than 180 consecutive days; or

2. Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches.

305.2 Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 305.1 for temporary placement shall meet the requirements of Section 304 for manufactured homes.


SECTION 306 TANKS 306.1 Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty.

306.2 Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 306.3 shall:

1. Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris.

2. Not be permitted in coastal high hazard areas (Zone V). 306.3 Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area. 306.4 Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:

1. At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and

2. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.

SECTION 307 OTHER DEVELOPMENT 307.1 General requirements for other development. All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in this Ordinance or the Florida Building Code, shall:

1. Be located and constructed to minimize flood damage;

2. Meet the limitations of Section 303.4 if located in a regulated floodway;

3. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;

4. Be constructed of flood damage-resistant materials; and

5. Have mechanical, plumbing, and electrical systems above the design flood elevation, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the


provisions of the electrical part of building code for wet locations. 307.2 Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 303.4. 307.3 Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 303.4. 307.4 Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section 105.3(3). Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 105.3 (3). 307.5 Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V). In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be:

1. Structurally independent of the foundation system of the building or structure;

2. Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and

3. Have a maximum slab thickness of not more than 4 inches. 307.6 Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in compliance with the following:

1. A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck.

2. A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures.

3. A deck or patio that has a vertical thickness of more than 12 inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that


would increase damage to the building or structure or to adjacent buildings and structures.

4. A deck or patio that has a vertical thickness of 12 inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection.

307.7 Other development in coastal high hazard areas (Zone V). In coastal high hazard areas, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate State or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to:

1. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;

2. Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and

3. On-site sewage treatment and disposal systems defined in 64E-6.002, Florida Administrative Code, as filled systems or mound systems.

307.8 Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas:

1. Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings.

2. Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures.

3. Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building.

SECTION THREE. The City Council of the City of Daytona Beach Shores hereby amends the Land Development Code, Chapter 2, Appendix “G”, Code of Ordinances of the City of Daytona Beach Shores, entitled “Definitions,” to create a new Subsection 2-7 entitled Floodplain “Management Definitions” as follows: Sec. 2-7. Floodplain Management Definitions.


Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Appeal. A request for a review of the Floodplain Administrator’s interpretation of any provision of this Ordinance or a request for a variance. ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in Florida Building Code, B, Section 1612.2.] The base flood is commonly referred to as the "100-year flood" or the “1-percent-annual chance flood.” Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Maps. [Also defined in Florida Building Code, B, Section 1612.2.] Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in Florida Building Code, B, Section 1612.2.] Coastal construction control line. The line established by the State of Florida pursuant to Section 161.053, Florida Statutes, and recorded in the official records of the City, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions. Coastal high hazard area. A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as “high hazard areas subject to high velocity wave action” or “V Zones” and are designated on Flood Insurance Rate Maps as Zone V1-V30, VE, or V. [Note: The Florida Building Code, B defines and uses the term “flood hazard areas subject to high velocity wave action” and the Florida Building Code, R uses the term “coastal high hazard areas.”] Design flood. The flood associated with the greater of the following two areas: [Also defined in Florida Building Code, B, Section 1612.2.]

1. Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or

2. Area designated as a flood hazard area on the City’s flood hazard map, or otherwise legally designated.

Design flood elevation. The elevation of the “design flood,” including wave height, relative to the datum specified on the City’s legally designated flood hazard map. In areas designated as


Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in Florida Building Code, B, Section 1612.2.] Development. Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. See Section 163. 3164 (14) and Section 380.04, Florida Statutes. The citation to State law is for the purposes of ensuring the expansiveness of the definition of the term. The extent and scope of the term shall be given its broadest possible application and effect. Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure. Any buildings and structures for which the “start of construction” commenced before May 27, 1987. [Also defined in Florida Building Code, B, Section 1612.2.] Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before May 27, 1987. Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency. The Federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Sometimes referred to as “FEMA”. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in Florida Building Code, B, Section 1612.2.]

1. The overflow of inland or tidal waters.

2. The unusual and rapid accumulation or runoff of surface waters from any source. Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in Florida Building Code, B, Section 1612.2.]


Flood hazard area. The greater of the following two areas: [Also defined in Florida Building Code, B, Section 1612.2.]

1. The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.

2. The area designated as a flood hazard area on the City’s flood hazard map, or otherwise legally designated.

Flood Insurance Rate Map (FIRM). The official map of the City on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the City. [Also defined in Florida Building Code, B, Section 1612.2.] Flood Insurance Study (FIS). The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in Florida Building Code, B, Section 1612.2.] Floodplain Administrator. The office or position designated and charged with the administration and enforcement of this Ordinance (may be sometimes referred to as the Floodplain Manager). Floodplain development permit or approval. An official document or certificate issued by the City, 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 Ordinance. Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in Florida Building Code, B, Section 1612.2.] Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities.


Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings. Letter of Map Change (LOMC). An official determination issued by the Federal Emergency Management Agency that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the City’s floodplain management regulations. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by the Federal Emergency Management Agency to revise the effective Flood Insurance Rate Map.

Light-duty truck. As defined in Title 40, Code of Federal. Regulations, Section 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:

1. Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or

2. Designed primarily for transportation of persons and has a capacity of more than 12 persons; or

3. Available with special features enabling off-street or off-highway operation and use. Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure


is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. [Also defined in Florida Building Code, B, Section 1612.2.] Manufactured home. A structure, transportable in one or more sections, which is 8 feet or more in width and greater than 400 square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or “park trailer.” [Also defined in Rule 15C-1.0101, Florida Administrayive Code.] Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this Ordinance, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. New construction. For the purposes of administration of this Ordinance and the flood resistant construction requirements of the Florida Building Code, structures for which the “start of construction” commenced on or after May 27, 1987 and includes any subsequent improvements to such structures. New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after May 27, 1987. Park trailer. A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in Rule 15C-1.0101, Florida Administrayive Code.] Recreational vehicle. A vehicle, including a park trailer, which is: [Defined in Section 320.01(b), Florida Statutes)

1. Built on a single chassis;

2. 400 square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light-duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.


Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach. Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on Flood Insurance Rate Maps as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in Florida Building Code, B Section 1612.2.] Start of construction. The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in Florida Building Code, B Section 1612.2.] Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also defined in Florida Building Code, B Section 1612.2.] Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in Florida Building Code, B, Section 1612.2.]

1. Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

2. Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure.

Variance. A grant of relief from the requirements of this Ordinance, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this Ordinance or the Florida Building Code. Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.


SECTION FOUR. The Land Development Code, Appendix “G”, Code of Ordinances of the City of Daytona Beach Shores, entitled “Administrative amendments to the Florida Building Code”, is amended to read as follows: Add a new Section 104.10.1 to read as follows:

104.10.1 Modifications of the strict application of the requirements of the Florida Building Code. The Building Official shall coordinate with the Floodplain Administrator to review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 117.

Add a new Section 107.6.1 to read as follows:

107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (Title 44, Code of Federal Regulations, Sections 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Section 105.14 and Section 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code.

Add a new Section 117 to read as follows:

117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas. Pursuant to section 553.73(5), Florida Statutes, the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building.

SECTION FIVE. FISCAL IMPACT STATEMENT. In terms of design, plan application review, construction and inspection of buildings and structures, the cost impact as an overall average is negligible in regard to the local technical amendments because all development has been subject to the requirements of the floodplain management codes and ordinances of the City adopted for participation in the National Flood Insurance Program. In terms of lower potential for flood damage, there will be continued savings and benefits to consumers. SECTION SIX. APPLICABILITY. For the purposes of jurisdictional applicability, this Ordinance shall apply in the City of Daytona Beach Shores. This Ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the adoption date of


this ordinance. SECTION SEVEN. IMPLEMENTING ADMINISTRATIVE ACTIONS. The City Manager is hereby authorized and directed to implement the provisions of this Ordinance by means of such administrative actions as may be deemed appropriate and necessary to include, but not be limited to, the adoption of administrative rules. The City Manager may delegate powers and duties herein to appropriate administrative staff. SECTION EIGHT. SAVINGS. The prior actions of the City of Daytona Beach Shore relating to the enforcement of codes, ordinances and land development regulations relating to flood management and related programs and activities are hereby ratified and affirmed. SECTION NINE. CONFLICTS. Any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of any conflict. SECTION TEN. CODIFICATION. The provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Daytona Beach Shores, Florida and the sections of this Ordinance may be renumbered or re-lettered to accomplish such intention and the word “Ordinance”, or similar words, may be changed to “Section,” “Article”, or other appropriate word; provided, however, that Sections Seven, Eight, Nine, Ten, Eleven and Twelve shall not be codified. SECTION ELEVEN. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part so declared. SECTION TWELVE. EFFECTIVE DATE. This Ordinance shall take effect immediately upon adoption. CITY OF DAYTONA BEACH SHORES, FLORIDA

____________________________________ HARRY JENNINGS, MAYOR

_____________________________________ ______________________________ MICHAEL T. BOOKER, CITY MANAGER CHERI SCHWAB, CITY CLERK Approved as to form and legality:

_________________________________________ LONNIE GROOT, CITY Attorney


Passed on first reading this ______ day of ________, 2013.

Adopted on second reading this _______ day of _______, 2013.

Res 2013-03 Page 1 of 2

RESOLUTION 2013 - 03

A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, AMENDING THE GENERAL FUND BUDGET, PROVIDING FOR APPROPRIATIONS; PROVIDING AN EFFECTIVE DATE.

WHEREAS, The City has received a FDOT Grant to implement the eCitation system via

in car printers for police vehicles; and,

WHEREAS, the City has determined that its long-term interests are served by owning

the property at the northwest entrance to the City at 1906 S. Atlantic Avenue;

NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY

OF DAYTONA BEACH SHORES, FLORIDA:

SECTION ONE: The Fiscal Year 2012-13 budget is amended as shown in Attachment 1.

SECTION TWO: This Resolution shall be effective immediately upon its adoption.

CITY OF DAYTONA BEACH SHORES, FL _________________________________ HARRY J. JENNINGS, MAYOR _________________________________ ___________________________ MICHAEL T. BOOKER, CITY MANAGER CHERI SCHWAB, CITY CLERK Approved as to form and legality: _________________________________ LONNIE GROOT, CITY ATTORNEY Adopted on first reading this ______ day of __________________, 2013.

Res 2013-03 Page 2 of 2

ATTACHMENT #1

BUDGET AMENDMENT #2 \\dbsch\Users\SWhitmer\[BudgetTrans& Amends FY12-13.xls]Current Year

Bud. Amendment Date: 1/22/2013 FY 12-13 GENERAL Fund

Date G/L Code AmountBeg.

BudgetEnd

Budget Revenue / Expense Action R/E Link ID

1/22/2013 13340 33460 $9,600 $0 $9,600 FDOT GRANT for eCitations A

1/22/2013 13990 81600 $370,000 $225,900 $595,900 Purchase & Renovation 1906 S.

Atlantic Ave B

CHANGE REVENUE $379,600 $225,900 $605,500 1/22/2013 15211 30520 $9,600 $150,000 $159,600 FDOT GRANT for eCitations A

1/22/2013 15120 60610 $310,000 $0 $310,000 Purchase 1906 S. Atlantic Ave B

1/22/2013 15120 60630 $60,000 $0 $60,000 Renovation 1906 S. Atlantic Ave B CHANGE EXPENSE $379,600 $150,000 $529,600

TO: Michael T. Booker – City Manager FROM: Stewart Cruz – City Planner CC: Fred Hiatt – Director/Building Official SUBJECT: Resolution 2013-04, supporting the process to develop the Revised Volusia County and Municipalities Floodplain Management Plan DATE: January 14, 2013 A. SUMMARY In an effort to reduce the potential for personal/property losses in flood-prone areas and ensure the lowest possible flood insurance premiums for residents, the County of Volusia has contracted with the East Central Florida Regional Planning Council (ECFRPC) to draft the revised countywide Floodplain Management Plan (FMP) in alignment with the Community Rating System (CRS) Guidelines. The CRS grades the various community floodplain management programs and reduces flood insurance premiums in those communities that meet certain requirements, such as those having a FMP. As part of the revision process, all Volusia County municipalities are being asked by the ECFRPC to pass a resolution that shows support of the FMP planning and development process. The FMP will be completed in April of 2013. B. STAFF RECOMMENDATION Staff recommends approval of Resolution 2013-04.



Telephone (386) 763-5377

Res. 2013-04 Page 1 of 2

RESOLUTION NO. 2013-04

A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA IN SUPPORT OF THE PLANNING PROCESS FOR THE DEVELOPMENT OF THE REVISED “VOLUSIA COUNTY AND MUNICIPALITY FLOODPLAIN MANAGEMENT PLAN”; PROVIDING A SAVING PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Article VIII, Section 2, Constitution of the State of Florida, authorizes the

City of Daytona Beach Shores to exercise any power for municipal purposes except as otherwise provided by law; and

WHEREAS, coastal and riverine flooding are significant threats to the safety of residents

of Volusia County and its municipalities; and WHEREAS, the National Flood Insurance Program (NFIP) provides federally supported

flood insurance in communities that regulate development in floodplains; and WHEREAS, the Community Rating System (CRS) grades the various community

floodplain management programs and reduces flood insurance premiums in those communities that meet certain requirements; and

WHEREAS, in an effort to reduce the potential for personal/property losses in flood-

prone areas and ensure the lowest possible flood insurance premiums for residents, the County of Volusia has contracted with the East Central Florida Regional Planning Council (ECFRPC) to draft the revised Floodplain Management Plan (FMP) in alignment with the CRS Guidelines; and

WHEREAS, the ECFRPC is also required to integrate the FMP into the Local Mitigation

Strategy; and WHEREAS, the FMP will be completed in April of 2013.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, AS FOLLOWS: SECTION ONE. FINDING. The City Council of the City of Daytona Beach Shores hereby considers the Floodplain Management Plan to be of the utmost importance to the City of Daytona Beach Shores and supports the Floodplain Management Plan Planning Process. SECTION TWO. SAVINGS. The prior actions of the City of Daytona Beach Shores relating to floodplain management are hereby ratified and affirmed. SECTION THREE: CONFLICTS. All resolutions or parts thereof in conflict with this

Res. 2013-04 Page 2 of 2

Resolution are hereby repealed to the extent of such conflict.

SECTION FOUR. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION FIVE. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. CITY OF DAYTONA BEACH SHORES, FLORIDA By: ________________________ Mayor, Harry Jennings ATTEST: By: ___________________________ _____________________________ Michael T. Booker, City Manager Cheri Schwab, City Clerk APPROVED AS TO FORM AND LEGALITY: By: ___________________________ Lonnie Groot, City Attorney Passed and adopted on first reading this day of , 2013. Posted this day of , 2013.

TO: Michael T. Booker – City Manager FROM: Stewart Cruz – City Planner CC: Fred Hiatt – Director/Building Official SUBJECT: Fifth Addendum to the Port Orange – Daytona Beach Shores Wholesale Service Agreement DATE: January 15, 2013 A. SUMMARY The City of Port Orange owns the Pollution Control Facility (aka Wastewater Treatment Facility), which treats and disposes sanitary sewage from within the Daytona Beach Shores City limits. In 1984 the City of Daytona Beach Shores and the City of Port Orange entered into a Wholesale Service Agreement (Agreement) for the provision of sewage transportation, treatment and disposal for the Shores wastewater service area. The Agreement is amended from time to time as necessary. Since the City of Port Orange has adopted a new Pretreatment Ordinance, the Agreement has to be to be updated to reflect the new ordinance, which speaks solely to Industrial Wastewater Pretreatment Standards. The proposed addendum would be the fifth amendment to the Agreement. B. STAFF RECOMMENDATION

Staff recommends approval of the FIFTH ADDENDUM TO THE WHOLESALE SERVICE AGREEMENT as presented.



Telephone (386) 763-5377

FIFTH ADDENDUM TO THE WHOLESALE SERVICE AGREEMENT

THIS AGREEMENT, made and entered into by and between THE CITY OF PORT ORANGE, a municipal corporation of the State of Florida (“Port Orange”) and THE CITY OF DAYTONA BEACH SHORES, a municipal corporation of the State of Florida (the “Shores”).

WHEREAS, Port Orange owns its Pollution Control Facility which is a regional facility for the treatment and disposal of sanitary sewage from the southern area of North Central Volusia County, by methods approved by the State of Florida, Department of Environmental Protection and the U.S. Environmental Protection Agency; and

WHEREAS, Port Orange and the Shores are Parties to that certain Agreement dated November 12, 1984, as amended from time to time (“Shores Agreement”), for the provision of sewage transportation, treatment and disposal for the Shores wastewater service area; and

WHEREAS, Port Orange and Volusia County entered into a Retail Sewer Service Agreement South Peninsula, Volusia County dated December 6, 1984, (“County Agreement”) for provision of sanitary sewage service to the South Peninsula Sewage Collection System area (“South Peninsula Area”); and

WHEREAS, the City of Port Orange has adopted a new Pretreatment Ordinance requiring the Shores Agreement to be updated to reflect the new ordinance; and

WHEREAS, the Parties are authorized by law to enter into this Agreement.

WITNESSETH:

That, for and in consideration of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and the mutual promises herein, Port Orange and the Shores do hereby agree as follows:

Section 1. Premises/Recitals. The Parties agree that the foregoing premises and recitals are true and correct and are incorporated herein.

Section 2. Amendment To Section 5. Section 5 of the 4th Addendum to the Wholesale Service Agreement between the City of Port Orange and Daytona Beach Shores shall be amended to read as follows:

"Maintenance of Adequate Service. The Shores agrees to maintain, renew, and rehabilitate its sanitary sewage collection system as reasonably necessary to maintain an adequate level of service to residents of the Shores and to minimize infiltration and inflow of extraneous water into the system that would unduly overload or cause damage to the Port Orange facilities. The Shores further agrees to regulate its sewage system by ordinance and to require adequate pretreatment of strong or harmful industrial wastes at the source. The Shores shall adopt and diligently enforce an ordinance that shall be no less stringent than the Port Orange Ordinance 2012-17 or any successor ordinances adopted by the City of Port Orange regulating industrial

waste pretreatment. Whenever there are revisions to the Port Orange Pretreatment Ordinance, the Shores shall receive a copy of the revised ordinance from the City of Port Orange and shall work diligently to adopt a similar ordinance no less stringent than that which has been adopted by Port Orange. The Shores has primary responsibility for industrial users permitting, compliance, and monitoring within the Shores. Port Orange is hereby granted the authority for right of entry, inspections and other compliance activities, including activities to take reasonable action and enforce if the Shores is unable or unwilling to do so without just cause. In the event that Port Orange deems it necessary to take action based upon the Shores’ inability or unwillingness to comply with any of terms within this Agreement, the Shores shall be responsible for any and all reasonable costs associated with such action; provided, however, that any disputes shall be resolved in accordance with the provisions of Chapter 164, Florida Statutes. The Shores shall indemnify Port Orange for all damages, fines and costs either incurred or as a result of industrial waste discharged from the Shores to the extent and up to the limits established by controlling State law and Port Orange shall, likewise, indemnify the Shores for any damages caused to the facilities or systems of the Shores. The Shores shall maintain current information on industrial users located in its jurisdiction as well as provide transfer of records of key activities if enforcement or permitting is required and shall make this information available to Port Orange. Emphasis shall be placed upon assuring the installation and maintenance of grease traps and/or grease interceptors. All prior implementation of service by the Shores and actions relative to payments on accounts by the Shores for services rendered for utility services are hereby ratified and affirmed by the parties in accord and satisfaction as to any and all such matters.”

Section 3. Term Effective. All other terms and conditions of the Shores Agreement, as amended, shall remain in full force and effect except as modified herein.

IN WITNESS WHEREOF, the parties hereto have executed this Fifth Addendum by their duly authorized officials on the dates set forth below, the last being the Effective Date of this Fifth Addendum.

SIGNATURE PAGE FOLLOWS

Witnesses: CITY OF PORT ORANGE _____________________________ By:_________________________

Allen Green, Mayor

_____________________________ Attest:______________________ Kenneth W. Parker, City Manager Date:_______________________

Approved as to legal form and legal correctness: _____________________________ Margaret Roberts, City Attorney Attest: CITY OF DAYTONA BEACH

SHORES, FLORIDA By:_________________________ Cheri Schwab, City Clerk Harry Jennings, Mayor Date: _______________________ Approved as to legal form and legal correctness: _____________________________ ____________________________ Lonnie N. Groot, City Attorney Michael Booker, City Manager

DISCUSSION ON CREATING A 30 SECOND VIDEO FOR ADVERTISING

DISCUSSION ON STREAMING MEETING AUDIO TO RADIO STATION

DISCUSSION ON LEASING THE KITCHEN AT

RACQUET CLUB

DISCUSSION ON PEDESTRIAN SAFETY STUDY BY VOLUSIA TPO

CONSIDERATION OF ALTERNATE MEMBER TO VCOG

Council comments

Audience remarks

Items for the next agenda

agenda city council meeting january 22, 2013 7:00 … · and penalties; providing for a savings...

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