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[K] Regular Item
D Consent Item
D Statutory Item
Item Submitted By:
For Council Meeting Of:
Director Approval:
City Manager Approval:
Veronica Morgan. Assistant City Enaineer
November 13. 1997
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Item:Public Hearing and consideration of several ordinance amendments to
Ordinance 1638, the Zoning Ordinance for the City of College Station by
requiring a licensed Engineer present for Zoning Board of Adjustments drainage
variance cases and to change the procedure for certified mail notification to
notification by United States Mail when notifying property owners within 200' of
the property on which the change is proposed.
Item Summary: The attached ordinance amendments related to having at
least one member ofthe Zoning Board of Adjustments with an engineering
background present when appeal variances to the drainage ordinance are
presented to the Board and to having two of the four alternate members of the
Board be Licensed Engineers in the State of Texas.
The remaining ordinance amendments are related to changing the current
requirement of "notification by certified mail" to "notification by depositing the
notification in the municipality, properly addressed with postage paid, in the
United States Mail". This requirement is to reduce the increasing costs related
to the notification process, as well as giving the City the option of notifying by
certified, registered, or regular mail those property owners within 200' of the
property on which the change is being proposed. These amendments will
bring the City of College Station Zoning Ordinance in line with the Texas Local
Government Code requirements for notification.
Policy Issue Statement: Civic Pride, Quality Service
Item Background: Since adoption of the Comprehensive Plan, staff has been
working to implement the goals/objective statements through ordinance
amendments. The proposed amendments to the Drainage Ordinance have led
to subsequent necessary changes in the City's Zoning Ordinance. The
presence of a certified engineer will increase the effectiveness of the appeals
process.
Changing the certified mail requirement to by regular United States mail
increases the efficiency, as well as reduces the cost (both in postage costs as
well as man-hours) of the notification mailings.
Budgetary and Financial Summary: Substantial savings in mailing costs for
notification procedures.
Staff Recommendation: Approve the ordinance amendments as submitted.
Related Advisory Board Recommendation:
City Attorney Recommendations/Comments:
Council Action Options: Approval or denial of the ordinance amendments.
Supporting Materials:
1. Ordinance amendments.
,
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[K] Regular Item
D Consent Item
D Statutory Item
Item Submitted By:
For Council Meeting Of:
Veronica Morgan, Assistant City Engineer
October 23, 1997 (Workshop)
Director Approval:
City Manager Approval:
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Item: Discussion and possible direction concerning the City's comprehensive plan as it
relates to amendments to the drainage ordinance, f1oodway/floodplain reclamation and
specifically the Carter Creek Relocation Proposal.
Item Summary: This item was.placedon the agenda by Mayor Mcllhaney at the
October 9, 1997 meeting for fullC'ity Council disbussion. It is a fdUow-up to the joint
P&ZICouncil discussion that occurred on 10-2-97. This item involves 3 areas of
discussion: amendments to the drainage ordinance (which will be considered at tonight's
meeting), implementation of theComp Plan as it relates to greenbelts and natural open
space and the pending Carter Creek Relocation Project. We will also discuss our plans
for working with both the developer and the Greenway interests in the Carter Creek
project.
Since adoption of the Comprehensive Plan staff has been working to implement the goal
I objective statements and policy statements through ordinance amendments. One
such amendment involves the Drainage Ordinance. This ordinance is designed to
regulate development to avoid flooding and flood damage. It does not currently address
specific drainage areas referenced in the Comprehensive Plan for protection.
One of the objectives of the Comprehensive Plan states "College Station should
prohibit reclamation of the f100dway associated with Carter's Creek. Lick Creek. Wolf
Pen Creek and the Brazos River in order to prevent upstream flooding, avoid long
term structural and erosion problems associated with floodplain reclamation, and to
provide a city wide network of natural open space"
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Drainage Ordinance Amendment
One of the proposed changes to the drainage ordinance provides for a 3D-day permit
review period in the above specified areas which will give staff time to notify Council that
a reclamation proposal is pending and receive direction as to whether Council wants to
stop by either negotiated acquisition or condemnation, alter or allow a particular
reclamation project.
Implementation of Comp Plan
Other Comprehensive Plan objectives refer to preservation of natural open space and
provision of greenbelts linking various areas of town. This concept is an integral part of
the Parks and Open Space Plan and involves most creeks and drainageways
throughout the City. At present there is no ordinance authority to require dedication or
preservation of these areas as development occurs (with the exception of a portion of
Wolf Pen Creek). Even with this authority, implementation of the greenbelt/linkage idea
would be piecemeal at best, as it has been along Wolf Pen Creek. The larger issue is
whether the Council would like to see an overall approach to implementing these
objectives. This would involve an overall plan that identifies and prioritizes specific
drainage areas and indicates how much f1oodway/floodplain needs to be preserved for
natural open space. The Parks Board is currently working with a TAMU class and the
Brazos Greenways Council in doing just this. A funding program for acquisition will be a
logical outcome of this process as well. In many instances property acquisition may. be
the only way to obtain some of these linkages. A viable program will have multi-year
budget implications for property 4,9quisition.
Pending Carter Creek Relocation Project
As well as the long term larger issues to be resolved, there is also the issue of the
pr,@sent Carter Creek Relo.cati~11 Project. Staff needs dire9ti.on as to whether Council
supports this project or would like to prohibitreclamation of this f1oodway. Staff does not
know at this .time whether the developer is amenable to altering the reclamation. project
or any details as to the cost of acquisition of all or part of the property in question.
There is some public opposition to this project as expressed by the Brazos Greenways
Council. How much opposition there is .or how much support there is for paying for lalnd
acquisition is, of course, unknown.
Policy Issue Statement: Civic Pride
Item Background: In 1986 the City Council passed a resolution expressing
community support for a floodplain reclamation project relocating and channelizlng
Carter's Creek. This resolution came about as a result of a project Mike Davis was
working on at the time. Asindicatedatthe joint P&ZICC meeting this resolution is not
binding on this or any future Council.
In June of this year, Mr. Davis presented to the City of College Station a "Carter's Creek
Relocation Report" and requested that this be forwarded to FSMA (Federal Emergency
Management Agency) for a conditional letter of map revisions (CLOMR). Thisproject
also involves the City of Bryan. The report is presented on behalf of the Jim S.owell
Construction Co., Inc., property owner. Packet materials include letters from Bryan and
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College Station regarding pending permits.
Budgetary and Financial Summary: The city has no appropriations that are
available for this use. If the council chooses to move ahead with this project, two
potential sources of funding are 1) the $2 million set aside during the budget process
and 2) park dedication funds, where appropriate. There is no estimate of how much
might be needed for purchases derived from the proposed changes.
Staff Recommendation: Approve the Drainage Ordinance amendment tonight.
Direct staff to develop a program to identify, prioritize and acquire f1oodway/f1oodplain
where necessary.
Related Advisory Board Recommendation: Some of the Commissionl~rs
expressed concern that this is the most visible floodplain area and a plan is being
presented that would likely do away with the area as we know it today. The Commissiion
felt strongly that the Council needs to make a decision about whether or not we should
stand behind the intent expressed in the Comprehensive Plan to maintain greenbelt
areas. The Commission and/or Council should decide if we really want to preserve
these areas.
The: Commission stated that, although we are dealing with the right of the owner to
develop the property, that right needs to be balanced with the Comprehensive Pllan
goals and the City's commitment to how we are willing to work with the Comp Plan. The
City needs to take into consideration the greater good for the citizens. The owner does
have to right to develop but the impact of the City needs to be taken into consideration.
It will be up to the Council to see how much the City is willing to back the
Comprehensive Plan, and this project will be a good test to that effect.
Council Action Options: Action on Drainage Ordinance amendment will occur
tonight. Direction requested for long term implementation of Comp Plan with regard to
open space preservation and linkages. Direction requested regarding Carter Creek
Relocation Project. (i.e. negotiated acquisition, negotiated alterations, allow it to
proceed, etc.)
Supporting Materials:
1. Drainage Ordinance Amendment
2. Figures from "before and after" the Carter Creek Project
3. Letters from Cities of Bryan & College Station
4. Resolution from 1986
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AMEND SECTION I:B AS FOLLOWS:
EXHmIT A
It is the pwpose of this chapter to protect, maintain, and enhance the public health, safety, and genc:ral
welfare by establishing minimum requirements and procedures to control the adverse impacts associated
with the increased stormwater flows generated by development.. It is also the pUJ1X)se of this chaPter to
enhance the public health. safety and welfare bv furtherin~the ~oa1s and obiectives of the City ofColle~e V
Station Comprehensive Plan and all of its elements -The following objectives will minimize public and
. private losses due to flooding, erosion, and sedimentation:
(I) To protect hwnan life and health;
(2) To minimize the expenditure of public money for costly flood and erosion control
projects;
(3) To minimize the need for relief and rescue efforts associated with flooding and ge:nerally
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 manner as to minimi7.e future areas offlooding~
(6)
To establish review, approval, and permit procedures for the methods of handling,
conveying, and disposing of stormwater flows within the corporate limits 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;
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(7) To restrict or prohibit development which is dangerous to health, safety, or property
during flooding conditions, or causes unacceptable increases in water surface elervations
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
p1am.or their associated protective barriers which are involved in the acconunodation 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 minimize
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.
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AMEND CHAPTER l'j:-SECflQN,.~7) TO READ AS FOLLOWS: ot.
"(7) provUle infonnation to =. ..BOID1.'. -- ~~pafcOwt. or City
Council, as applicable on ......1CG,req ., . .'. uY..t~peals, enforcemel[lt
actions, andpro~~ametfdiUents to the Drainage Policy and D~dards ~IS
.requ,!red;~'..._/...'
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AMEND CHAP1ER 13, SECTION 4.0. TO ADD 4.0.(4) TO READ AS FOLLOWS:
(4) Any prooosal which alters the floodwavs of the followinl! soecial drainal!e areas:
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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 and
The Brazos River
shall receive written notice ofapprovaI or disapproval of the development permit from
the Floodplain Administrator within tL:.L ()tn workinl! dayS after receipt of the
prooosal. ~i~ C (90)
AMEND CHAPTER 13, SECTION 6,A. AS FOLLOWS:
"SECTION 6: VARIANCES
A. GENERAL
. . .D~.AQ~~dm.a~authorizea~tothe
provISIOns an req en 0 thischilpter when, m therr OplDlOn, 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,
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(2)
The varilon<e;. ~the presemtionand enjnyn>coll of a snbslantial property
right of the apPli~ '
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Exis ting Floodp!D.lt,
Floodway Conditions
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(3) \ Variances may be issued for the reconstnlctiOn, 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 SECTION6:C.(
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I hear and render judgement on any requests for
nts of this ..
AMEND SECTIONc .
(7)
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