HomeMy WebLinkAboutCorrespondence Deborah Grace - Floodway Encroachment Variance Request Page 1
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From: Spencer Thompson
To: Catherine Hejl; Jay Page
Date: 6/25/2004 3:04:05 PM
Subject: Floodway Encroachment Variance Request
Ms Hejl,
The owner of properties at 1501 Emerald Parkway and 1501 Emerald Plaza is requesting a variance to
the City's Drainage Ordinance to encroach into the floodway.
Hear are the issues:
1. The first request was made for a Letter of Map Change to FEMA in order to show that the floodway is
not accurately depicted on the FIRM. They provided a study, a model and the LOMR submittal to the City
to forward to FEMA. The City felt that the modeling done for the LOMR was not extensive enough to
approve a map change. Additional work would have to be done on the model to forward the study with
City approval.
2. An alternative plan was to use the study as documentation for a variance to allow encroachment into
the floodway; the premise being that the floodway shown on the map is not accurate. Therefore, there is
no actual encroachment into an actual floodway; just a line on a map.
However, I noticed their request includes encroachment into the TxDOT drainage easement that provides
drainage for Bee Creek Trib A.
I wanted to make you aware of this item in that it involves TxDOT and the Public Hearing notices will
probably not go out to TxDOT.
If you have any comments or concerns please let contact me.
The ZBA is scheduled to hear the variance request July 6th at 6:00
Please see attachments.
st
Spencer G. Thompson, Jr.
Engineering Services
City of College Station
PO Box 9960
College Station, TX 77842
Ph. 979.764.3570 Fx. 979.764.3496
www.cstx.gov
CC: Deborah Grace
Jul 01 04 04:OOp STOKES & RSSOCIRTES (903) 657 -7864 p.2
EAST TEXAS ENGINEERS, INC.
3401 Sam Page Road
Longview, Texas 75605
Voice/Fax 903.663.4509
Mobile 903.746.4357
July 1, 2004
City of College Station
Zoning Board of Adjustments
City of College Station
1101 Texas Avenue
College Station, Texas 77840
Re: Zoning Board of Adjustment Application
1501 Emerald Plaza 81501 Emerald Parkway
Dear Board Members:
East Texas Engineers, Inc. has conducted an engineering study of the floodplain and floodway of Bee Creek
and Bee Creek Tributary A in the vicinity of the intersection of State Highway 6 Bypass and Emerald Parkway.
The engineering study and report have been reviewed with City staff.
The results of the engineering study show the FEMA floodway boundaries of Bee Creek and Bee Creek
Tributary A to be in error at Lots 1 and 5 of Block 1 of the Emerald Park Plaza Subdivision. City staff is in
agreement that the floodway boundaries are in error and recommended that we seek a variance from the
Zoning Board of Adjustments to allow proposed development of those portions of Lots 1 and 5 which are
outside the corrected floodway boundaries.
I have reviewed Chapter 13 (Flood Hazard Protection) of the City of College Station Code of Ordinances. In
my professional opinion, the requested variance for Lots 1 and 5 is in accord with all provisions of Section 6
(Variances) of Chapter 13. A primary intent of Chapter 13 and Section 6 is to prohibit development within a
floodway. Since proposed development of Lots 1 and 5 does not encroach on the corrected floodway of either
Bee Creek or Bee Creek Tributary A, as established in the engineering study, the proposed development
does not conflict with the intent of Chapter 13.
If you have any questions, please do not hesitate to contact me at 903.746.4357.
Very truly yours,
EAST TEXAS ENGINEERS, INC. ` 1 ,
g j,-
axle, P.E. t JOE N. HAKE
Prince • al �j. 297 e.••:::41 �
\. SI AUY•
°°°°°°°°°°°
. °
JOE N. HARLE, P.E.
PERSONAL
Born January 25, 1950 in Port Arthur, Texas
EDUCATION
Graduate of Mineola High School in Mineola, Texas, 1968
B.S. Civil Engineering, University of Texas at Austin, 1973
PROFESSIONAL REGISTRATION
Professional Engineer - Texas No. 42972
Louisiana No. 18406
Oklahoma No. 11996
EMPLOYMENT HISTORY
1989 - Present East Texas Engineers, Inc., Longview, Texas - Principal
1980 - 1989 KSA Engineers, Inc., Longview, Texas
Vice - President of Hydrologic and Hydraulic Engineering
1973 -1980 Turner, Collie & Braden, Inc. Consulting Engineers, Houston, Texas
Project Engineer, Planner, Project Administrator
SUMMARY OF EXPERIENCE
Thirty one years of consulting engineering experience on water, storm water, wastewater,
paving, land development and other projects for public and private sectors. Special expertise in
storm water drainage and erosion control, surface water hydrology and hydraulics, water supply
planning and development and computer modeling. Responsibilities have included all levels of
project involvement: problem identification, conceptual design, development and analysis of
alternatives, preparation of preliminary engineering reports, project design, preparation of
construction drawings and technical specifications, project management of project team
consisting of engineers/ technicians /drafters /consultants, construction contract administration,
client liaison, liaison with State and Federal agencies and expert witness testimony. Proficient in
computer modeling using computer programs HEC -1, HEC -2, HEC -5, HMR52, HECRAS, HMS,
TR -20, WSP2, DAMS2, THYSYS, DAMBRK, RESOP III, KYPIPE and others.
Drainage and erosion control experience includes municipal master drainage plans, storm water
pollution prevention plans (SWPPP) for public and private sectors, planning and design of
erosion control structures for the surface mining industry, planning and design of storm water
drainage facilities for public and private sectors, FEMA flood studies and FEMA LOMR and
CLOMR studies.
PROFESSIONAL ASSOCIATIONS
American Society of Civil Engineers (Past President of
Northeast Texas Branch ASCE)
Texas Society of Professional Engineers (Past President of
East Texas Chapter TSPE)
National Society of Professional Engineers
American Water Works Association
American Water Resources Association
Deborah Grace - Emerald Park Floodway Variance Page 1
From: Spencer Thompson
To: joeschultz @texcon.net
Date: 6/25/2004 2:06:59 PM
Subject: Emerald Park Floodway Variance
Joe,
I notice that the request for encroachment on this item includes encroaching into the TxDOT drainage
easement.
My first reactions, "Why ? ".
Is this to allow "development" as in regrading or what?
Do you have that easement document showing what is allowed to be done in the dedicated area and what
is prohibited? Can you fax it to me?
thx
st
Spencer G. Thompson, Jr.
Engineering Services
City of College Station
PO Box 9960
College Station, TX 77842
Ph. 979.764.3570 Fx. 979.764.3496
www.cstx.gov
CC: Bob Mosley; Deborah Grace
Deborah Grace RE: Floodplain Issues On Grampa's Land in College Station Page 1
Ms Cole,
The flood study performed for the property owner is available for viewing at City Hall. It will also be
available at the ZBA meeting.
We will have the floodplain maps, current and past as well as previous studies done related to this area.
You're welcome to contact Texcon and ask for Joe Schultz, P.E.
I have attached my Staff Report with this reply.
st
Spencer G. Thompson, Jr.
Engineering Services
City of College Station
PO Box 9960
College Station, TX 77842
Ph. 979.764.3570 Fx. 979.764.3496
www.cstx.gov
»> "Cole, Kimberly" <kcole @Huitt - Zollars.com> 7/1/2004 4:00:51 PM »>
Also Spencer if you could include any type of drain area maps as well as any
hydraulic analysis' ya'll have done on the area I would appreciate it. If I
need to speak with the consultants who did the study please let me know who
to contact.
Thanks
Kimberly Cole, E.I.T.
HUITT - ZOLLARS, INC.
5822 CROMO DRIVE / SUITE 210
EL PASO, TX 79912 -5502
PHONE (915) 587 -4339
FAX (915) 587 -5247
email: kcole(a,huitt- zollars.com
> Original Message
> From: Spencer Thompson [SMTP:Sthompsonna,cstx.govl
> Sent: Thursday, July 01, 2004 3:30 PM
> To: kcole@huitt- zollars.com
> Subject: Floodplain Issues On Grampa's Land in College Station
> Ms Cole,
> Mr. and Mrs Herbert Cole contacted me concerning some floodplain issues
> on their property. They stated that you are an engineer and may be
> helpful in discussing some of these issues.
> Please contact me when you have time.
> Thank you,
> st
> Spencer G. Thompson, Jr.
> Engineering Services
> City of College Station
> PO Box 9960
Deborah Grace - 2 Responses to Public Notice of Floodway Variance Page 1
From: Spencer Thompson
To: Chuck Ellison
Date: 7/1/2004 11:00:58 AM
Subject: 2 Responses to Public Notice of Floodway Variance
One response was from a citizen in Emerald Forest. They wanted more information on the case and want
me to convey to the ZBA that they have concerns about flooding.
The other response was from TxDOT. They want to notify the City that any encroachment into the
easement will require approval by their agency.
st
Spencer G. Thompson, Jr.
Engineering Services
City of College Station
PO Box 9960
College Station, TX 77842
Ph. 979.764.3570 Fx. 979.764.3496
www.cstx.gov
CC: Deborah Grace
CHARLES A. ELLISON, P. C.
ATTORNEYS AT LAW
2501 ASHFORD DRIVE
SUITE 100
COLLEGE STATION, TEXAS 77840 -4698
MAILING ADDRESS
P.O. BOX 10103
COLLEGE STATION, TEXAS 77842 -0103
CHARLES A. ELLISON TELEPHONE: (979) 696 -9889
AMY L. CLOUGH* FACSIMILE: (979) 693 -8819
also licensed in Wisconsin
July 2, 2004
BY HAND DELIVERY
City of College Station Development Services
1101 Texas Avenue
College Station, TX 77840
ATTN: DEBORAH GRACE
Re: Allen and Patty Swoboda Variance Request
Dear Deborah:
Thank you for agreeing to include this letter in the packet being sent to the members of the Zoning
Board of Adjustment (the "ZBA ") for consideration of the Swoboda's request for variance in
accordance with Chapter 13, Section 6 of the Code of Ordinances for the City of College Station
. (the "Code ").
Facts
In 1992, the City of College Station (the "City ") issued a development permit for Allen and Patty to
fill a portion of the floodplain on Lots 1 and 5 of Emerald Park Plaza (the "Land ") , which they did.
In 2000, the Federal Emergency Management Agency ( "FEMA ") reissued the Flood Insurance Rate
Map (the "FIRM ") that covers the Land. The FIRM widely expanded the floodway and failed to
consider the fill that was added following the 1992 development permit. Allen and Patty contracted
with Joe Harle, RPE and Joe Schultz, RPE to perform an engineering study in accordance with the
City's Drainage Policy and Design Standards (the "Study ") as required by the Code. The Study
was performed and submitted to the City for review which clearly indicates that the portion of the
Land to be developed is not in the floodway. Attached to this letter is a copy of a letter prepared
by Joe Harle along with his resume'. At the suggestion of the City personnel, Allen and Patty have
submitted their variance request to this body.
Authority
The ZBA is authorized to grant a variance from the provisions of Chapter 13 of the Code if, "in their
opinion, undue hardship on the owner will result from strict compliance with those requirements,
and when ...
(1) There are special circumstances or condition 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...."
In making their decision the ZBA must find that (paraphrased):
(A) the variance is the minimum necessary to afford relief to the applicant, considering the
flood hazard or potential flood damage;
(B) the effect of the variance will not be detrimental to public health or safety and will not
injure other property;
(C) the variance 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 hurt drainage systems;
(D) the effect will not prevent the orderly subdivision of other land;
(E) the variance allowing development in the floodway will not cause an increase in the
base flood elevation;
(F) the variance must follow the procedures outlined in the Code and the development must
minimize flood damage during the base flood and create no additional threats to public
safety.
Facts in Support of Authority to Grant Variance
The ZBA is urged to consider the following matters it is required to take into account, numbered
or lettered as outlined above:
1. The special circumstance that affects the Land which, if the Code is strictly applied, will
deprive Allen and Patty of the reasonable use of their Land is that, according to the Study,
prepared in accordance with the Code, the Land is not in the floodway.
A. The variance is the minimum necessary because without it, there can be no effective use
of the Land. There is no lesser variance that would allow any use of the Land.
B. The variance will only allow development that is already authorized for land similarly
situated throughout the City. There will be no change whatsoever in the "actual floodway."
C. The variance will not create any threat to public safety, extraordinary public expense,
increase in nuisance flooding or hurt drainage systems because the Land is not in the
floodway and the development that will occur is only what is already allowed by the Code.
D. The granting of the variance on this particular tract of land will not prevent other tracts of
land from being required to develop out of the floodway or meet the variance requirements,
as the case may be.
E. The Land should not be in the designated floodway and development that will occur will
comply with the all other requirements of the Code regarding floodplain development and
drainage.
F. The procedure followed by Allen and Patty complies completely with the requirements of
the Code and the development will in all respects comply with the Code.
Conclusion
The intent of the flood hazard regulations in Chapter 13 of the Code exist to protect the public from
development which is adverse to the public health, safety and welfare. It is generally considered
that development in the floodway is potentially injurious to the public's health, safety or welfare.
The granting of a variance in this circumstance will have no detrimental impact on the public's
health, safety or welfare because the Land is not in the floodway. Through an unfortunate turn of
events, FEMA redesignated the floodway without correct data. The Study, which the City concurs
with, definitively establishes that the Land is not in the floodway. Application of the ordinance will
serve to deprive Allen and Patty of any effective use of their Land. It would be disastrous to the
Swoboda's for the City to ignore the benefit which will be gained by granting this variance,
especially in view of the fact that there is no discernable harm caused by the granting of the
variance.
Thank you for your consideration.
Very truly yours,
4 2- '/VQ
Charles A. Ellison
CAE: bg
Enclosures
cc: Allen and Patty Swoboda
Joe Harle
Joe Schultz
TRANSMISSION VERIFICATION REPORT
TIME : 07/05/2004 09:42
NAME : COCS DEVELOPMENT SER
FAX : 9797643496
TEL : 9797643570
SER.# : BROE2J341073
DATE,TIME 07/05 09:40
FAX NO. /NAME 9- 7647759
DURATION 00:01:59
PAGE(S) 06
RESULT OK
MODE STANDARD
ECM
FACSIMILE COVER SHEET
� f CITY OF COLLEGE STATION
DEVELOPMENT SERVICES
1101 Texas Avenue South, PO Box 9960
COLLLGL STATION!
College Station, Texas 77842
Phone (979)764 -3570 / Fax (979)764 -3496
.
Date: —
# of pages included cover (12 _
If you d ' n t receive a comp'lele fax, please call our office immediat y for a new transmittal.
To: O � --\ Fax • % --- 1 )- -1 " -- \ \ 5 01
Company:
From: Z . ' Q Phone:
Company :_ City of College Station ,
Remarks: 0 Urgent ❑ For you>review ❑ Repl: ASAP ❑ FYI
- - 2., -)'• ‘ v t S ' *1111
t
TRANSMISSION VERIFICATION REPORT
TIME : 07/05/2004 69:45
NAME : COCS DEVELOPMENT SER
FAX : 9797643496
TEL : 9797643576
SER.# : BROE2J341073
DATE,TIME 07/05 09:44
FAX NO. /NAME 9- 6938819
DURATION 00:00:35
PAGE(S) 02
RESULT OK
MODE STANDARD
ECM
FACSIMILE COVER SHEET
(41 CITY OF COLLEGE STATION
DEVELOPMENT SERVICES
1101 Texas Avenue South, PO Box 9960
COWrr. ',.TATION
College Station, Texas 77842
Phone (979)764-3570 / Fax (979)764 -3496
4
Date —'C # of pages included cover
If you di not receive a com late fax, please cats our office immediately for a new tranmittal,
To:O., q ,Y... 22 N '-..,(--) Fax: — - 6 1 1 ,
Company:
From.
• Phone:
Company: Ci of College Station
Remarks: ❑ Urgent D For your review ❑ Replay ASAP ❑ FYI
-2---Cel ft ,,,, .... di
MEMORANDUM
To: Spencer Thompson, Jr.
City of College Station
From: Jay Page
TxDOT
Date: June 30, 2004
Subject: SH 6 @ BEE CREEK - Tributary "A" (FM 2818 / Emerald Parkway)
Spencer,
Here are some brief comments concerning the floodway encroachment issue
on the SH 6 East frontage road @ Emerald Park Plaza:
1) No permanent structure or obstruction should be placed within the
TxDOT drainage easement.
2) Any fill material placed within the TxDOT easement should not impede
the flow area downstream from the existing 4 - 10' x 6' MBC + College
Station drainage structures. Engineering calculations required.
3) Encroachment into a floodway / floodplain may be questionable, but
according to the latest FEMA Map (163 D) revised in February 2000
the floodway & the floodplain are approximately 50' apart and the HW100
is from elevation 249. to 250. Also, I would think that this FIRM is
the official legal document unless proven otherwise.
4) Additionally, there is an RM Bench Mark # 83 just across SH 6 from this
site that, if not used to -date, would help establish the limits of the
encroachment into the floodway / floodplain areas and the accuracy of the
contours shown. This would allow an engineering solution, if required, to
offset any encroachment that would increase HW elevations.
5) Finally, any floodplain / floodway encroachment allowed by variance will
ultimately have to be submitted by permit to TxDOT for approval if it
involves doing any work / modifications within the existing TxDOT drainage
easement.
06/10/2004 16:13 8138543037 HEATH PAGE 02
I Pi FEDERAL,
EATS
SIGN COMPANY
6/10/04
City of College Station
Zoning Board of Adjustment
1101 'Texas Ave
College Station TX 77840
Re: Target Corp./ Sign Variance
Dear Board Members of the Board,
On behalf of Target stores, we respectfully request you consideration in allowing a re-
visitation of the case heard in your June 1 2004 ZBA Meeting regarding the request of
variance to Section 7.4.1.6.d of the Unified Development Code in order to allow For
Target to display signage on an entry canopy specifically designed for this purpose.
We are, requesting that this case be reheard, as the original case was denied based upon
evidence presented that was insufficient to demonstrate the hardship posed by the
applicable section of th.e Unified Development Code.
The new storefront, which in fact was reviewed and approved through the Planning and
Zoning Division, is now complete. Actual photo's of the canopy feature as well as a visit
to the site may very well better demonstrate the restriction the applicable section of th.e
ordinance imposes on Target by not allowing the sign to be mounted on the architectural
canopy feature.
The proposed signage, which is a new national brand image and trademarked sign, when
mounted on any other location on the building, would not allow Target to display the
maximum sign area permitted by the Uniform Development Code which, places an undue
hardship on. Target that is not commonly imposed on other properties.
We ask that you reconsider your original decision of denial of the variance request and
allow for this case to be re- presented with new information and exhibits to better
demonstrate our case.
Should you have any questions in this matter, please feel free to contact me at 800 -284-
3284 ext 232 and 1 will be glad to discuss any information that may help to clarify this
issue.
Respectfully submitted for your consideration.
Sincerely,
t4;
6
Boyd Hippenstiel
SR. Account Representative
Fudaral Heath Sign Company. LLC
3985 TamOa Road. Oldsmar, R. 3469;
R13.85.1,ag15, Phone
813.854,3037 •„ Fax
Www, fad° alhoafh.coM
r The Ci of
ks4
Colfege S tation , Texas
Embracing the Past, Exploring the Future.
P.O. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 • (979) 764 -3500
www.ci.college- station.tx.us
23 June 2004
Andy Lee, K. Chen Engineering
6161 Savoy, Suite 310
Houston, Texas 77036
RE: 2420 Texas Avenue South College Station Texas
Lot 1, Parkway Plaza Phase 7
Dear Mr. Lee,
This letter is to inform you that the above referenced property has received an administrative
adjustment of three parking spaces to the 42 spaces required for the proposed 4,155 square foot drive -
thru restaurant, provided that a bicycle rack is sited in an approved location on the property (the
number of parking spaces required is based on a parking ratio of one space per 100 square feet of
drive -thru restaurant building area).
According to the Unified Development Ordinance (UDO), Section 3.15, the Administrator has the
authority to authorize adjustment of up to 10 percent from any numerical zoning standard set forth in
Articles 5, 6, or 7 of the UDO. To approve the application for an administrative adjustment, the
Administrator shall make an affirmative finding that specific criteria, as outlined in Section 3.15.E of the
UDO, have been met
The Administrator has found that
Granting the adjustment will ensure the same general level of land use compatibility as the
otherwise applicable standards because the amount of the adjustment is negligible and will not
significantly alter the intensity of the land use;
Granting the adjustment will not materially or adversely affect adjacent land uses or the
physical character of uses in the immediate vicinity of the proposed development because the
existing McDonald's is redeveloping as the same use and with the same general site layout;
and
Granting the adjustment will be generally consistent with the purposes and intent of this UDO
owing to the fact that a bicycle rack will be provided in lieu of the 3 required parking spaces.
If you have any questions, please feel free to call me at (979) 764 -3570.
Sincerely,
361
Glenn Brown
Assistant City Manager
cc: Case File # 03-14
Case File # 04 -146
Jack Hoover, McDonald's Corporation
Home of Texas A &M University
CHARLES A. ELLISON, P. C.
ATTORNEYS AT LAW
2501 ASHFORD DRIVE
SUITE 100
COLLEGE STATION, TEXAS 77840 -4698
MAILING ADDRESS
P.O. BOX 10103
COLLEGE STATION, TEXAS 77842 -0103
CHARLES A. ELLISON TELEPHONE: (979) 696 -9889
AMY L. CLOUGH• FACSIMILE: (979) 693 -8819
`also licensed in Wisconsin
July 2, 2004
BY HAND DELIVERY
City of College Station Development Services
1101 Texas Avenue
College Station, TX 77840
ATTN: DEBORAH GRACE
Re: Allen and Patty Swoboda Variance Request
Dear Deborah:
Thank you for agreeing to include this letter in the packet being sent to the members of the Zoning
Board of Adjustment (the "ZBA ") for consideration of the Swoboda's request for variance in
accordance with Chapter 13, Section 6 of the Code of Ordinances for the City of College Station
(the "Code ").
Facts
In 1992, the City of College Station (the "City ") issued a development permit for Allen and Patty to
fill a portion of the floodplain on Lots 1 and 5 of Emerald Park Plaza (the "Land ") , which they did.
In 2000, the Federal Emergency Management Agency ( "FEMA ") reissued the Flood Insurance Rate
Map (the "FIRM ") that covers the Land. The FIRM widely expanded the floodway and failed to
consider the fill that was added following the 1992 development permit. Allen and Patty contracted
with Joe Harle, RPE and Joe Schultz, RPE to perform an engineering study in accordance with the
City's Drainage Policy and Design Standards (the "Study ") as required by the Code. The Study
was performed and submitted to the City for review which clearly indicates that the portion of the
Land to be developed is not in the floodway. Attached to this letter is a copy of a letter prepared
by Joe Harle along with his resume'. At the suggestion of the City personnel, Allen and Patty have
submitted their variance request to this body.
Authority
The ZBA is authorized to grant a variance from the provisions of Chapter 13 of the Code if, "in their
opinion, undue hardship on the owner will result from strict compliance with those requirements,
and when ...
(1) There are special circumstances or condition 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...."
In making their decision the ZBA must find that (paraphrased):
(A) the variance is the minimum necessary to afford relief to the applicant, considering the
flood hazard or potential flood damage;
(B) the effect of the variance will not be detrimental to public health or safety and will not
injure other property;
(C) the variance 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 hurt drainage systems;
(D) the effect will not prevent the orderly subdivision of other land;
(E) the variance allowing development in the floodway will not cause an increase in the
base flood elevation;
(F) the variance must follow the procedures outlined in the Code and the development must
minimize flood damage during the base flood and create no additional threats to public
safety.
Facts in Support of Authority to Grant Variance
The ZBA is urged to consider the following matters it is required to take into account, numbered
or lettered as outlined above:
1. The special circumstance that affects the Land which, if the Code is strictly applied, will
deprive Allen and Patty of the reasonable use of their Land is that, according to the Study,
prepared in accordance with the Code, the Land is not in the floodway.
A. The variance is the minimum necessary because without it, there can be no effective use
of the Land. There is no lesser variance that would allow any use of the Land.
B. The variance will only allow development that is already authorized for land similarly
situated throughout the City. There will be no change whatsoever in the "actual floodway."
C. The variance will not create any threat to public safety, extraordinary public expense,
increase in nuisance flooding or hurt drainage systems because the Land is not in the
floodway and the development that will occur is only what is already allowed by the Code.
D. The granting of the variance on this particular tract of land will not prevent other tracts of
land from being required to develop out of the floodway or meet the variance requirements,
as the case may be.
E. The Land should not be in the designated floodway and development that will occur will
comply with the all other requirements of the Code regarding floodplain development and
drainage.
F. The procedure followed by Allen and Patty complies completely with the requirements of
the Code and the development will in all respects comply with the Code.
Conclusion
The intent of the flood hazard regulations in Chapter 13 of the Code exist to protect the public from
development which is adverse to the public health, safety and welfare. It is generally considered
that development in the floodway is potentially injurious to the public's health, safety or welfare.
The granting of a variance in this circumstance will have no detrimental impact on the public's
health, safety or welfare because the Land is not in the floodway. Through an unfortunate turn of
events, FEMA redesignated the floodway without correct data. The Study, which the City concurs
with, definitively establishes that the Land is not in the floodway. Application of the ordinance will
serve to deprive Allen and Patty of any effective use of their Land. It would be disastrous to the
Swoboda's for the City to ignore the benefit which will be gained by granting this variance,
especially in view of the fact that there is no discernable harm caused by the granting of the
variance.
Thank you for your consideration.
Very truly yours,
4-14Q
Charles A. Ellison
CAE: bg
Enclosures
cc: Allen and Patty Swoboda
Joe Harle
Joe Schultz
Jul 01 04 04: 00p STOKES & ASSOCIATES (803) 657 -7864 p.2
EAST TEXAS ENGINEERS, INC.
3401 Sam Page Road
Longview, Texas 75605
Voice/Fax 903.663.4509
Mobile 903.746.4357
July 1, 2004
City of College Station 1
Zoning Board of Adjustments
City of College Station
1101 Texas Avenue
College Station, Texas 77840
Re: Zoning Board of Adjustment Application
1501 Emerald Plaza 81501 Emerald Parkway
Dear Board Members:
East Texas Engineers, Inc. has conducted an engineering study of the floodplain and floodway of Bee Creek
and Bee Creek Tributary A in the vicinity of the intersection of State Highway 6 Bypass and Emerald Parkway.
The engineering study and report have been reviewed with City staff.
The results of the engineering study show the FEMA floodway boundaries of Bee Creek and Bee Creek
Tributary A to be in error at Lots 1 and 5 of Block 1 of the Emerald Park Plaza Subdivision. City staff is in
agreement that the floodway boundaries are in error and recommended that we seek a variance from the
Zoning Board of Adjustments to allow proposed development of those portions of Lots 1 and 5 which are
outside the corrected floodway boundaries.
I have reviewed Chapter 13 (Flood Hazard Protection) of the City of College Station Code of Ordinances. In
my professional opinion, the requested variance for Lots 1 and 5 is in accord with all provisions of Section 6
(Variances) of Chapter 13. A primary intent of Chapter 13 and Section 6 is to prohibit development within a
floodway. Since proposed development of Lots 1 and 5 does not encroach on the corrected floodway of either
Bee Creek or Bee Creek Tributary A, as established in the engineering study, the proposed development
does not conflict with the intent of Chapter 13.
If you have any questions, please do not hesitate to contact me at 903.746.4357.
Very truly yours,
EAST TEXAS ENGINEERS, INC. , Ar ...
JOE N. HARLE
• - arle, P.E. vr 42972 ; 7 , Princi al ,„ 4... �
JOE N. HARLE, P.E.
PERSONAL
Born January 25, 1950 in Port Arthur, Texas
EDUCATION
Graduate of Mineola High School in Mineola, Texas, 1968
B.S. Civil Engineering, University of Texas at Austin, 1973
PROFESSIONAL REGISTRATION
Professional Engineer - Texas No. 42972
Louisiana No. 18406
Oklahoma No. 11996
EMPLOYMENT HISTORY
1989 - Present East Texas Engineers, Inc., Longview, Texas - Principal
1980 - 1989 KSA Engineers, Inc., Longview, Texas
Vice - President of Hydrologic and Hydraulic Engineering
1973 - 1980 Turner, Collie & Braden, Inc. Consulting Engineers, Houston, Texas
Project Engineer, Planner, Project Administrator
SUMMARY OF EXPERIENCE
Thirty one years of consulting engineering experience on water, storm water, wastewater,
paving, land development and other projects for public and private sectors. Special expertise in
storm water drainage and erosion control, surface water hydrology and hydraulics, water supply
planning and development and computer modeling. Responsibilities have included all levels of
project involvement: problem identification, conceptual design, development and analysis of
alternatives, preparation of preliminary engineering reports, project design, preparation of
construction drawings and technical specifications, project management of project team
consisting of engineers/ technicians /drafters /consultants, construction contract administration,
client liaison, liaison with State and Federal agencies and expert witness testimony. Proficient in
computer modeling using computer programs HEC -1, HEC -2, HEC -5, HMR52, HECRAS, HMS,
TR -20, WSP2, DAMS2, THYSYS, DAMBRK, RESOP III, KYPIPE and others.
Drainage and erosion control experience includes municipal master drainage plans, storm water
pollution prevention plans (SWPPP) for public and private sectors, planning and design of
erosion control structures for the surface mining industry, planning and design of storm water
drainage facilities for public and private sectors, FEMA flood studies and FEMA LOMR and
CLOMR studies.
PROFESSIONAL ASSOCIATIONS
American Society of Civil Engineers (Past President of
Northeast Texas Branch ASCE)
Texas Society of Professional Engineers (Past President of
East Texas Chapter TSPE)
National Society of Professional Engineers
American Water Works Association
American Water Resources Association