CITY OF HALLANDALE BEACH
DATE: December 3, 2010
TO: Mark Antonio, City Manager
FROM: William M. Brant, P.E., Director, Utilities and Engineering
SUBJECT: An Ordinance of the City of Hallandale Beach, Florida, Amending Chapter 8, Building Construction and Condominium, Article III, Flood Damage Prevention, Section 8-74, Administration; Providing for Conflicts, Providing for Severability; and Providing for an Effective Date. (First Reading) CAD #: 030/03 & CAD #: 022-03
The City Commission consider and adopt on First Reading an Ordinance amending Chapter 8, Building Construction and Condominium, Article III, Flood Damage Prevention, Section 8-74, Administration, of the City Code of Ordinances, authorizing the City Manager to hear and decide certain appeals and requests for variances from the requirements of this article based upon recommendations of both the Local Administrator and the City Engineer.
During the October 21, 2009, Regular City Commission meeting, the City Commission directed staff to draft an ordinance to authorize the City Manager to provide an administrative variance to the Code of Ordinances Chapter 8, Building Construction and Condominium, Article III, Flood Damage Prevention, Section 8-74, Administration, pertaining to flood damage prevention. The reason for this directive was to streamline the process for commercial properties located outside the Special Food Hazard Areas (SFHA) being redeveloped or substantially improved.
The City of Hallandale Beach Code of Ordinances, Chapter 8, Building Construction and Condominium, Article III, Flood Damage Prevention, Section 8-74, Administration, regulates construction and improvements throughout the City, specifically, construction in the floodplain (areas of the City that are more susceptible to being inundated by water from any source). This article also provides for an appeal and variance process pertaining to flood damage prevention. The City would like to streamline this process for certain properties outside the floodplain. In order to achieve this, instead of requiring the City Commission to hear all appeals and variance requests, Article III will be amended to allow the City Manager to hear and decide certain appeals and requests for variances outside the floodplain based on both the Local Administrator and City Engineer’s recommendations. By providing this authority to the City Manager, he will be able to evaluate redevelopment and/or improvement projects, on a case by case basis, and provide a variance in instances where following the code will cause an undue financial
burden on the property owner; and where the Local Administrator and City Engineer deems it appropriate to do so.
The City Manager shall have the authority to hear and decide on appeals and variance requests, for construction and improvements located outside of the special flood hazard areas (outside the 100-year floodplain or X Zone – See attached flood map), based upon the Local Administrator’s and the City Engineer’s recommendations on flood mitigation and the base elevations. Of particular concern to property owners is the requirement of Section 8-76 that base floor elevations in the X Zone must be “elevated 18 inches above the highest point of the crown of the streets adjacent to the plot upon which such building is located”. In some situations, this requirement is not warranted for flood protection and is very expensive. Usually this issue comes up during the latter part of the plan review process, causing delays and additional expenses. Without the proposed ordinance, the property owner would be required to pursue a much more time intensive process in order to obtain a variance.
The City Commission shall continue to hear and decide appeals and variances for constructions and improvements located within the special flood hazard areas (within the 100-year floodplain – See attached flood map).
The City Commission adopt the attached Ordinance on First Reading and set Second Reading for February 02, 2011.
Prepared by: _________________________
Mary Francis Jeannot
Administrative Analyst II
Mark Antonio, City Manager Date
_____Approved _____Disapproved _____Hold for Discussion