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Home My WebLink About2022-006ORDINANCE NO. 2022- 006 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 930.07 (REVIEW CRITERIA FOR ALL DEVELOPMENT PROJECTS) OF CHAPTER 930 (STORMWATER MANAGEMENT AND FLOOD PROTECTION) OF THE CODE OF INDIAN RIVER COUNTY IN ORDER TO UPDATE REQUIREMENTS PERTAINING TO MANUFACTURED HOMES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in Chapter 125 (County Government), 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, Indian River County was accepted for participation in the National Flood Insurance Program on July 3, 1978 and the Board of County Commissioners desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, the Board of County Commissioners adopted Ordinance No. 2012- 36 on November 6, 2012 to revise the floodp`ain management regulations to coordinate with the Florida Building Code; and WHEREAS, Indian River County participates in the NFIP's Community Rating System, a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum program requirements, achieving a CRS rating of Class 6, making residents and property owners who purchase NFIP flood insurance policies; and WHEREAS, in 2020 the NFIP Community Rating System established certain minimum prerequisites for communities to qualify for or maintain class ratings of Class 8 or better; and WHEREAS, to satisfy the prerequisite and for Indian River County to maintain the current CRS rating, all manufactured hon -es installed or replaced in special flood hazard areas must be elevated such that the bottom of the frame is at or above the base flood elevation plus 1 foot, which necessitates modification of the existing requirements; and WHEREAS, the Board of County Commissioners determined that it is in the public interest to amend the floodplain management regulations to better protect manufactured homes and to continue participating in the Community Rating System at the current class rating, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to ernact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 930.07 (Review criteria of all development ro'ects . New language indicated by underline, and deleted language indicated by StFikethFeugI4. Section 930.07 (Review criteria of all development project) of Chapter 930 (Stormwater Management and Flood Protection) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 930 — STORMWATER MANAGEMENT AND FLOOD PROTECTION (2) Flood protection requirements. When a development project, building or structure is determined to be within a special flood hazard area as defined in County Code Chapter 901, the development, building or structure shall be subject to the requirements of this section. (e) Manufactured homes. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to Section 320.8249, F.S., and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of these floodplain regulations. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. 2. Foundations. All new manufactired homes and replacement manufactured homes installed in flood hazard areas, coastal high -hazard areas, and Coastal A Zones shall be installed on permanent, reinforced foundations in accordance with the Florida Building Code, Residential Section R322 and these floodplain regulations.that Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices towhir-h minimize flood damage, Manufactured homesaf4 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 toground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. 4. Elevation. Manufactured homes that are placed, replaced, or substantially improved that are located in a flood hazard area, coastal high -hazard areas and Coastal A Zones shall be elevated such that the bottom of the frame is at or above the base flood elevation plus one (1) foot. viith seetien g39.97(:24P) Ar •101mr- ME 11 NM a Rottom of the frame of the mane fart red home i at or above the elevation Residential Seot'on RK22 2 /-Zone 4\ er Seot' 8322 4 (Z V/ ....,...., � .,.... ..... cion i � o c � . c�vi�c-��vrvcvcre'n--r'cvzz��cvrrc-vTvr b. Bettem of the frame is aneFted by re'nfpiersr other fe- incl +'on elemeRtc of at least equivalent strength that are net less than thirty civ (36) inghec in height above grape 5.7- Enclosures. FU lly enGles 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. 6.8: 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 4. Conflict. All ordinances or parts of ordinances in conflict herewith arehereby repealed. Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 7. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 1St day of May, 2022, for a public hearing to be held on the 17th day of May, 2022, at which time it was moved for adoption by Commissioner Flescher seconded by Commissioner Earman , and adopted by the following vote: Chairman Peter D. O'Bryan AYE Vice -Chairman Joseph H. Earman AYE Commissioner Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Laura Moss AYE The Chairman thereupon declared the ordnance duly passed and adopted this 17thday of May , 2022. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COU,NTYv FLORIDA By: -?5e—ter D. O'Bryan, hair nroJ`��i FR COUN� .• ATTEST: Jeffrey R. Smith, Clerk and Comptroller By: Deputy Cler EFFECTIVE DATE: This Ordinance was Filed with the Department of State on the a?VIA day of 2022 APPROVED AS' `F"p PoRhal 00it or F T0il1!14f7-V- s% Indian River County MAY 2 5 2022 ORDINANCE NO. 2022- 15 Office of the County Adminlstrator AN ORDINANCE OF THE CITY OF VERO BEACH, FLORIDA; REQUESTED BY INDIAN RIVER LAND TRUST, INC. AND MARC ROSE AND DOROTHY STRUNK, CO -TRUSTEES OF THE GATOR GROUP LAND TRUST AGREEMENT TO VOLUNTARILY ANNEX PROPERTIES LOCATED AT THE NORTHEAST AND SOUTHWEST CORNERS OF INDIAN RIVER BOULEVARD AND 37th STREET, CONTAINING 42.36 ACRES MORE OR LESS, PURSUANT TO THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044 FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, section -171.044 Florida Statutes, provides for voluntary annexation of property into a municipality, provided, among other things, that the property is contiguous to the municipality and is reasonably compact and does not create enclaves of unincorporated areas, and provided that all the owners of the property petition for such an annexation; and WHEREAS, the owner(s) of the properties, as graphically depicted in the Exhibit attached and incorporated herein, Indian River Land Trust, Inc. (subject Annexation "A") and Marc Rose and Dorothy Strunk, Co -Trustees of the Gator Group Land Trust Agreement (subject Annexation "B") , have determined that annexing the properties into the City limits would be in their interest; and WHEREAS, the City finds that the annexation of the properties satisfies the requirements of section 171.044 Florida Statutes and would be in the public interest; and WHEREAS, the City Clerk has advertised at least once each week for two (2) consecutive weeks in a newspaper, as required by section 171.044 (2) Florida Statutes; and WHEREAS, the City Clerk has provided notice to Indian River County of this annexation proceeding by certified mail at least ten (10) days before this ordinance was advertised per the requirements cited above , as required by section 171.044(6) Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VERO BEACH, FLORIDA, THAT: Section 1. Adoption of "Whereas" clauses The foregoing "WHEREAS" clauses are hereby adopted herein. Section 2. Adoption of Land Annexed The subject properties include Annexation "A" and "B" which consist of 42.36 acres more or less which are located at the northeast and southwest corners of Indian River Boulevard and 375t Street, and which are more particularly described in the Exhibit attached and incorporated herein. Page I of 3 Plus Fxhibil(s) incorporated by reference 1-0 Section 3. Redefine and Record Boundaries The City Engineer is authorized to prepare a redefinition of the boundary lines of the municipality for inclusion in the City Charter. A copy of such revision is to be filed with the Department of State within thirty (30) days of the adoption, with a copy to the Office of Economic and Demographic Research, as required by section 171.091 Florida Statutes. Section 4. Conies to State and County. The City Clerk is directed to file a copy of this annexing ordinance with the Clerk of the Circuit Court of Indian River County, the County Administrator of Indian River County, and the Department of the -State -of Florida- within- seven=(7)-days-after-its-adoption;as-required'by'section 171.044 (3) Florida Statutes. Section 5. Ordinance Effective Date. This ordinance shall become effective upon final adoption by the City Council. This Ordinane was read for the firs: time on the L9!1 day of, ' 2022 and was advertised on the day of LOrjam, 2022, and one week later on the �day of \ 2022 as being scheduled for a public bearing to be held on the day of 022, at the conclusion of which hearing it was moved for adoption by Ckncilmember _ MC Cc, �J`t'_ , seconded by Councilmember and adopted by the following vote: Mayor Robert Brackett US _ Vice -Mayor Rey_Nevile tS Councilmember Honey Minuse _ �� T Councilmember Robert McCabe Councilmember John Cotugno 0 e ATTEST: f2 LtnS 4 T . Bursick City Clerk CITY QF�, ' �'ACH, FLORIDA, Robert Brackett Mayor Pcge 2 of 3 Plus Exbiblt(s) Incorporated by reference 11 4r (SEAL) ADMINISTRATIVE REVIEW (For Internal Use Only-Sec.2-77 COVB Code) Approved as to form and legal sufficiency: JoS. Turner City Attorney Approved as conforming to municipal policy: 4 � r Mont K. Falls City Manager Approved as to technical requirements: Approved as to technical requirements: /I Ja/on H. effries Director, Planning and Development Mathew Mitts Director, Public Works Page 3 of 3 k. Plus Exhibit(s) incorporated by reference rutOO zzoz/co 6C-Zf -9� NOLLOIS ONV raaaans3o A8 ONH7 8 NMMO �lvo 6�-Z�_5Z NOU33S 3O SNOlAOd �o-xV-tzoz NOIIVX3NNV At WiNn 10A 4:11 o: -p Km „8„ 181HX3 N01 &80S30 ),1�J3d08cl 30 H313>iS NOISIAIO ONI2J33NION3 �8 A3A3jns Smom O138t}d 30 1N3VU8Vd3O HOV38 083A 30 J111O ),3mns V ION SI HOANS SIH1 NOIIVX3NNV li3ldV 3Nf-1 11W11 A110 M3N adSOdONd al ModWUNNn (39VdSW S. 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