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HomeMy WebLinkAboutOrdinance ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13, "FLOOD HAZARD PROTECTION", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STAtION, TEXAS: PART 1: That. Chapter 13,. "Flood Hazard Protection" of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or llnconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this. ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000,00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinlmce, being a penal ordinance, becomes effective ten (10) days after its publication in the newspaper, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this day of 1997. ATTEST: APPROVED: CONNIE HOOKS, City Secretary LYNN McILHANEY, Mayor EXHmIT A AMEND SECTION l:B AS FOLLOWS: It is the purpose of this chapter to protect, maintain, and enhance the public health, safety, and general welfare by establishing minim:tun requirements and procedures to control the adverse impacts associated with the increased stOrIllwater flows generated by development.. It is also theD1ll1JOSe of this chapter to enhance the public health. safety and welfare bv furthering the goals llnd obiectives of the City of College Station COIIlurehelisive Plan and all of its elements-The following objectives will minilIlize public and private losses due to flooding, erosion, llnd sedimentation: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) To protect hUIIllln life and health; To minilIlize the expenditure of public money for costly flood and erosion control projects; To lIlinimize the need for relief and resCue efforts assoCiated with flooding and generally undertaken at the expense of the gen.eral public; To minimize the damage to public facilities llnd utilities such as water and sewer lines, streets, and drainage structures; To help maintain a stable tax base for the City by providing for the sound use and development of all areas in such a manner as to lIlinimize future areas of flooding; To establish review, approval, llnd permit procedures for. the methods of handling, conveying, and disposing of stormwater flows within the corporate lilIlits and extraterritorial jurisdiction of the City, and insure the review by the appropriate authority of the design, analysis, construction, and maintenance of all drainage faCilities according to the provisions of this ordinance and the Drainage Policy and. Design Standards; To restrict or prohibit development. which is dangerous to health,. safety, or property during flooding conditions, or causes unacceptable increases in water surface elevations or velocities; To require that uses vulnerable to floods, or flooding, including public and. private facilities which serve such uses, be protected against flood damage at the. time of initial construction; To provide authoritative guidance in the alteration of any natural stream course, flood plain, or their associated protective barriers which are involved in the accomIllodation of floodwaters; To prevent the construction of barriers which will divert stoiIIlwater flows and subject other lands to increased flood hazard; To provide authoritative guidance in the mOdification of ground cover to minimize erosion and sedimentation; To ensure that potential property owners are notified if the property is included in an area of special flood hazard; To control filling, grading, dredging, and other development which may increase flood damage. AMEND CHAPTER 13, SECTION 4:B.(7) TO READ AS FOLLOWS: "(7) provide information to the Zoniag Board of ADjustffieats, Municipal CoUrt, or City Council, as applicable on all variance requests, administrative appeals, enforcement actions, and proposed amendIllents to the Drainage Policy and Design Standards as required;" AMEND CHAPTER 13, SECTION 4.D; TO ADD 4.D.(4) TO READ AS FOLLOWS: (4) Any Droposal which alters the floodways of the following speCial drainage areas: The entirety of Carter' s Creek. The main channel and south fork of Lick Creek. Wolf Pen Creek from SH 6 By-Pass to the confluence with Carter's Creek llnd The Brazos River ~lli!ll receiv~.Frittel!.!lQ.tice of approval or djgpproval of th~ dex~l2P..ment p(f.rmit from the Floodplain Administrator within thirty (30) working davs after receipt of the p'roposal~. AMEND CHAPTER 13, SECTION 6,A. AS FOLLOWS: "SECTION 6: VARIANCES A. GENERAL All variances ofthis chapter shall be considered by the Drainage Variance BoardCBoard)' This Q.9Jk.~.lli!lU)e apP.9.iu!~<!J?y..c.jty Councilllnd ~lli!n consist of five (2lmempers who are residents of the City and aUalifiedvoters. Each shall be appointed for a term of two vears. except that two me!!!Q.~[~RQil!t(fQJniti!Mly. shalllIDy.~J~!'.ill~Qf three years. After the imtial appointments. two members shall be appointed in odd numbered years to maintain a membership offive (5) m~.mQ~~ The m~mpers shallJ;.QusistJ!fthree (3)-professional engineers licenseq in the. State of Texas, oIl,.~ (1) real estate professional licensed in the State of Texas llnd one (1) member with evironmental IDl-AJ;"Qn~ervatiQn background. Memb~!s shall be removable for cause by the City Council upon Written ch&"ges and after a public hearing. Vacancies. shall be filled for the unexoired terIfi of any member whose terIfi become~_yacant. .AH cases to be heard by the B9a[P will always be heard ~ a minimum numb~! of 4 members. The concurring vote of 4 members. of the Board shall be necessaty to reverse any order. regyj.'!~lpent, 4.~i$iQ.l!$ or !l~~rlIlination of the A4lIlinistrator. t~Ldecjge ~n.favor of the ID?p-licant or llnY variance to this ordinance. The boRing Beard of Adjustment Drainage Appeals Board may authorize a variance to the provisions and requirements of this chapter when, in their opinion, undue hardship On the owner will resUlt from strict compliance with those requirements, and when any of the following criteria are met: (1) There are special circumstances or conditions affecting the land involved such that strict compliance with the provisions and requirements of this chapter will deprive the applicant of the reasonable use of his land, or, (2) The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant~7 (3) Variances may be issued for the reconstruction, rehabilitation, or restoration of structllres listed on the National Register of Historic Places or the State Inventory of HistoriC Places, without regard to the procedures set forth in the remainder of this section. AMEND SECTION6:C.(I) AS FOLLOWS: (1) The Zoning Board of l\djl:lStmeBts shall hear and render judgement on any requests for variances from the requirements of this chapter." AMEND SECTION6:C.(7) AS FOLLOWS: (7) Any person or persons aggrieved by the decision of the Zoniag Board ef .'\dju5tlllents may appeal such decision to the courts of competent jurisdiction. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13, "FLOOD HAZARD PROTECTION", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT IN EXHIBIT A. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PASSED, ADOPTED and APPROVED this day of 1997. ATTEST: APPROVED: CONNIE HOOKS, City Secretary LYNN McILHANEY, Mayor EXHIBIT A AMEND SECTION l:B AS FOLLOWS: It is the purpose of this chapter to protect, . maintain, and enhance the public health, safety, llnd general welfare by establishing lIlinimum requirements and procedures to control the adverse impacts associated with the increased stormwater flows generated by development. It is also the purpose of this chapter to enhance the public health, safety and welfare by furthering the goals llnd objectives of the City of College Station Comprehensive Plan and all of its elements. The following objectives will minimize public and private losses due to flooding, erosion, and sedimentation: (1) To protect human life and health; (2) To minilIlize the expenditure of public money for costly flood and erosion control projects; (3) To minilIlize the need for relief and rescue efforts associated with flooding and generally undertaken at the expense of the general public~ (4) To minimize the damage to public facilities and utilities such as water and sewer lines, streets, and drainage structures; (5) To help maintain a stable taX base for the City by providing for the sound use and development of all areas in such a mann.er as to lIlinilIlize future areas of flooding; (6) To establish review, approval, and permit procedures for the methods of handling, conveying, and disposing of stormwater flows within the corporate lilIlits and extraterritorial jurisdiction of the City, llnd insure the review by the. appropriate authority of the design, analysis, construction, and maintenance.. of all drainage facilities according to the provisions of this ordinance and the Drainage Policy and Design Standards; (7) To restrict or prohibit development which is dangerous to health, safety, or property during flooding conditions, or causes unacceptable increases in water surface elevations or velocities; (8) To require that uses vulnerable to floods, or flooding, including public and private facilities which serve such uses, be protected against flood damage at the time of initial construction~ (9) To provide authoritative guidance in the alteration of any natural stream. course, flood plain, or their associated protective barriers which are involved in the accommodation of floodwaters; (10) To prevent the construction of barriers which will divert stormwater flows and subject other lands to increased flood hazard; (11) To provide authoritative guidance in the modification of ground cover to lIlinilIlize erosion and sedimentation; (12) To ensure that potential property owners are notified if the property is included in an area of special flood hazard; (13) To control filling, grading, dredging, and other development which may increase flood damage. ADD TO CHAPTER 13, SECTION 4,E: "(10) Compliance with the City of College Station Comprehensive Plan, including but not limited to its Goals and Objectives, Land Use Plan, Parks and Open Space Plan and Urban Design Plan elements." AMEND CHAPTER 13, SECTION 6,A. AS FOLLOWS: "SECTION 6: V ARlANCES A. GENERAL The Planning & Zoning CoIllmission may authorize a variance to the provisions and requirements of this chapter when, in their opinion, undue hardship on the owner will result from strict com.pliance with those requirements, and when any of the following criteria are met: (1) There are special circumstances or conditions affecting the land involved such that strict compliance with the provisions and requirements of this chapter will deprive the applicant of the reasonable use of his land, or, (2) The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. (3) The variance does not com.promise the intent of the City of College Station Comprehensive Plan and its elements." (4) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. AMEND SECTION 6:B "B. PREREQUISITES FOR GRANTING OF VARIANCES Upon consideration of the factors noted above, the specific provisions and requirements of this chapter, and the intent of this chapter, the CoIllmission may grant variances subject to the following prerequisites: (1) A variance shall on.1y be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, or potential flood damage, to afford relief to the applicant; (2) The effect of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the City; (3) The effect of the varillnce will not increase 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 nuisance flooding, or be detrimental to other portions of the major or lIlinor drainage systems; (4) The effect of the variance will not prevent the orderly subdivision of other land, upstream or downstream of the subject property, in the City; (5) No variance shall be allowed within any designated floodway if any increase in water surface elevation would occur during the base flood discharge; and (6) The variance does not compromise the intent of the City of College Station Comprehensive Plan and its elements." (7) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (1) the criteria and procedures outlined in this Section for obtaining a variance are met, and (ii) the structure or other development is protected by methods that lIlinilIlize flood damage during the base flood and create no additional threats to public safety." AMEND SECTION6:C.(I) AS FOLLOWS: (1) The PllU1ning & Zoning CoIllmission shall hear and render judgement on any requests for variances from the requirements of this chapter." AMEND SECTION 6:C.(3) AS FOLLOWS: (3) Upon consideration of the above criteria, and prerequisites, and the intent of this chapter, the CoIllmission may attach such conditions to the granting of any variance as if deems necessary to further the purpose and objectives ofthis chapter." AMEND SECTION 6:C.(5) AS FOLLOWS: (5) Before consideration by the CoIllmission, a formal request for a variance shall be submitted to the office of the Administrator. The request shall contain sufficient information to; (a) define specifically which provision or requirement according to this chapter that allegedly causes the undue hardship; (b) detail specifically what measures shall be taken to obtain the lIlinimUIn relief from said hardship; (c) define specifically the effects of the variance in terms of water surface elevations, flood velocities, etc. which pertain to the prerequisites required by this chapter; and (d) identify any special conditions which should be considered as criteria for granting said variance. After review of the request, the Administrator may require additional information which he/she deems necessary to fully document the prerequisites required by this chapter for the granting of a variance. This information shall be provided by the applicant prior to placement of the variance request on the agenda for consideration by the CoIllmission. AMEND SECTION 6:C.(7) AS FOLLOWS: (7) Any person or persons aggrieved by the decision of the PllU1ning and Zoning Commission may ~ppeal such decision to the courts of competent jurisdiction. AMEND SECTION4:R(7) TO READ AS FOLLOWS: "(7) provide information to tile Planning & Zoning CoIllmission, Municipal CoUrt, or City Council, as applicable on all variance requests, administrative appeals, enforcement actions, and proposed .amendmeuts to the Drainage Policy and Design Standards as required;"