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HomeMy WebLinkAboutStaff Report (Ilirifill111114 CITY OF COLLEGE STATION VARIANCE REQUEST FOR FLOODWAY ENCROACHMENT REQUEST: Floodway Variance from Section G(1) of the Flood Protection Ordinance prohibiting encroachment into FEMA designated floodways. Specifically locating box culverts in the floodplain/floodway to allow for the crossing of these portions of the creek. LOCATION: 1300 Harvey Mitchell Parkway 2818 Place Properties, Lots 1 & 2, Block 1 APPLICANT: Chris Harris, P.E. PROPERTY OWNER: Place Properties c/o Ryan Griffis PROJECT MANAGER: Joshua D. Norton, P.E, Assistant City Engineer jnorton@cstx.gov RECOMMENDATION: Staff recommends approval. BACKGROUND: To participate in the National Flood Insurance Program so that our citizens can have subsidized flood insurance, the City has adopted the Flood Protection Ordinance in accordance the associated Code of Federal Regulations for FEMA. The City has opted to increase the regulations in regard to floodway encroachments. The minimum federal requirements state that encroachments into the floodway are permissible with a zero rise study. The City's regulations require a variance with the attached criteria as well. The federal code generally defines the "floodway" as the channel of a river or other 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 a designated height (one foot). The box culverts clearly encroach into the associated floodway. The applicant has addressed each of the criteria as well as provided a drainage analysis which depicts the water surface will not increase above the allowable floodway elevation. • Zoning Board of Adjustment Page 1 of 6 August 5,2008 APPLICABLE ORDINANCE SECTION: Chapter 13, Section 5.G - Special Provisions for Floodways G. SPECIAL PROVISIONS FOR FLOODWAYS Located within Areas of Special Flood Hazard established in Section 5-B are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and the potential for erosion; therefore, the following provisions shall be required: (1) Encroachments shall be prohibited, including fill, new construction, substantial improvements of existing construction, structures, manufactured homes, or other development. Variances requested on this standard shall be accompanied by a complete engineering report fully demonstrating that the encroachments shall not result in any increase in water surface elevation or flood hazard upstream, within, or downstream of the encroachment location. The engineering report shall conform to the requirements of the Drainage Policy and Design Standards and shall bear the dated seal and signature of a registered professional engineer; ORDINANCE INTENT: Chapter 13, Section B states: "It is the purpose of this chapter to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse impacts associated with the increased storm water flows generated by development. It is also the purpose of this chapter to enhance the public health, safety and welfare by furthering the goals and objectives of the City of College Station Comprehensive Plan and all of its elements." Unmitigated encroachments into designated floodways are known to cause increases in flood levels and the potential for damage from flooding events. As such they are specifically prohibited. It is clearly the intent of the Ordinance to prohibit encroachments into the areas reserved for flood waters. It does not appear that the intent was to prohibit encroachment into areas that may be above a reasonable flood event, even though the encroachment would be within the regulatory limits of the floodway. Zoning Board of Adjustment Page 2 of 6 August 5,2008 ` f m 41 7r N 9. N l9 U W/i� Q J CL CO bs Qys Q +_ W o$�Oao bG��yv ' W CC 40 f .. 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OR o — C- " ptx.aa T,f if c< • a ct.a a \,, �,I ' i .21'.'22' $?Nino' 0 I f • N Q<CMCCI' Zoning Board of Adjustment Page 4 of 6 August 5,2008 NOTIFICATIONS Advertised Board Hearing Date: August 5, 2008. The following neighborhood organizations that are registered with the City of College Station's Neighborhood Services have received a courtesy letter of notification of this public hearing: None Property owner notices mailed: 6 Contacts in support: 0 Contacts in opposition: 0 Inquiry contacts: 2 ZONING AND LAND USES Direction Zoning Land Use R-4 Multifamily, and Developing as Apartments, and Subject Property A-O Agricultural Open Floodplain /Streams North - Harvey Mitchell Parkway South CU College & University Vacant East A-O Agricultural Open Vacant West A-O Vacant PHYSICAL CHARACTERISTICS 1. Frontage: This property has frontage along FM 2818 (Freeway) 2. Access: This property takes access to FM 2818 (Freeway). 3. Topography and vegetation: The site is divided into 2 Lots or 2 Phases. Lot 1 or Phase 1 is currently being developed as an apartment complex. Lot 2 or Phase 2 is largely undeveloped and in its natural state with many mature oak trees though primarily cleared underbrush. The site is traversed by an unnamed tributary of Whites Creek. Drainage runs off the site by way of the unnamed tributary which then flows in a southwesterly direction. 4. Floodplain: Special Flood Hazard Area as defined by FEMA is present on the subject site with both base flood elevations and floodway designations (FEMA FIRM Panel 182c). REVIEW CRITERIA Special Conditions and Hardships: The applicant's engineer has stated that without the culvert crossing, the owner would not be able to access half of the property there by denying him reasonable use of his land. The two crossings are required in order to provide adequate fire protection for the residents of the property. The variance meets all of the following prerequisites as outlined in the City's Flood Hazard Protection Ordinance. Zoning Board of Adjustment Page 5 of 6 August 5,2008 Minimum Relief Necessary: The variance that the applicant is requesting, i.e. to install box culverts or crossings, within the floodway, is the minimum relief necessary. Health, Safety and Welfare: This variance will not be detrimental to the public health, safety or welfare or injurious to other property in the City. This is the minimum impact necessary to maintain the health, safety, and welfare of the residents and provide the owner with reasonable use of the land. As evidenced by the engineering report, a .01' rise in water surface elevation does occur but occurs wholly on the applicant's property and only in the vicinity of the proposed box culvert. Per correspondence with FEMA, anything less than .02' can be interpreted by the local floodplain administrator as a "zero rise." No Negative Impacts: As evidenced by the engineering report and FEMA's input, there will be NO increase in base flood elevation or alter any drainage pathways. The proposed box culverts have been sized appropriately and do not decrease the cross sectional area in these two locations. The crossings will not increase the water surface elevations, flow velocities, or alter drainage pathways to the extent that there will be any threat to public safety, extraordinary public expense, increase in flooding, or be detrimental to other portions of the drainage system. Orderly Subdivision of Land: These crossings will not impact the subdivision of land upstream or downstream of the property. Zero Rise: Although the submitted engineering report illustrates a .01' rise in the water surface elevation, FEMA has confirmed that .02' and less can be determined by the local floodplain administrator as a zero rise. Therefore the crossings will not increase water surface elevations below, within, or above the crossings location during the base flood discharge. Summary and Flood Proofing: All other structures are located outside of the floodplain and will not be impacted by the base flood. The road elevation of the crossings are above the base flood elevation and will not be impacted by the base flood or create a threat to public safety. The applicant's engineer believes that they have met the criteria as outlined in this section. ALTERNATIVES: Not construct the subject improvements. STAFF RECOMMENDATION: Staff recommends approval. SUPPORTING MATERIALS 1. Application 2. Site Plan (provided in packet) Zoning Board of Adjustment Page 6 of 6 August 5,2008