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HomeMy WebLinkAbout1974-0936 - Ordinance - 08/26/1974ORDINANCE NO. 936 AN ORDINANCE AMENDING THE ZONING ORDINANCE, ORDINANCE NO. 850, BY ADDING A FLOOD HAZARD DISTRICT, DEFINING THE FLOOD HAZARD DISTRICT, SETTING FORTH CONDITIONAL USES IN SAID DISTRICT AND PROVIDING FLOOD HAZARD DISTRICT REGULATIONS. WHEREAS, the City Council of the City of College Station recognizes that the threat of flood damage exists along various watercourses within the City Limits, and WHEREAS, the City of College Station is desirous of improving flood protection for its citizens in order to allow for the safe growth of the City, minimize the losses of life or property caused by flooding, maintain the natural dynamic hydrologic balance that exists, and provide an adequate drainage system for surface runoff throughout the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: The Zoning Ordinance, Ordinance No. 850, is hereby amended as follows: SECTION 1-A: Add: District F.H. Flood Hazard District. SECTION 1-D.33 shall be changed to read as follows: 1-D.33. FLOOD HAZARD DISTRICT: That land which lies within a natural stream, valley or drainage system below the elevation of the 100 year flood or below the elevation of a one percent annual risk of inundation by flood waters and which is designated as such on the Official Zoning Map of the City of College Station. The Flood Hazard District shall be deliniated for guidance purposes only and shall be more particularly defined by studies conducted by public agencies and approved by the City of College Station, and by studies by Registered Professional Engineers of the State of Texas as provided within this ordinance, and the deli- niation of the Flood Hazard Zone on the Official Zoning Map shall be refined accordingly. The Flood Hazard District shall not change the land use zone over which it may be superimposed, but is intended to recognize an existing natural hazard area which requires special engineering and architectural consideration in its utilization. Add: SECTION 5-P DISTRICT F.H. - FLOOD HAZARD DISTRICT: 5-P.1. PURPOSE: The purpose of this district is to protect the citizens of the City of College Station from undue loss of life or property due to flooding; to maintain upstream flood plain characteristics; and to insure continued adequate drainage of storm waters. 5-P.2. LOCATION: The Flood Hazard District shall be deliniated on the Official Zoning Map of the City of College Station based upon the report entitled Flood Plain Information, Carters Creek and Tributaries, Bryan and College Station, Texas, and by the best reasonable estimate of the Public Works Department of the City of College Station using existing data and mapping. 5.P.3. INTERPRETATION OF FLOOD HAZARD DISTRICT BOUNDARIES: The Flood Hazard District Boundary shown on the Official Zoning Map is intended to serve only to indicate that a flood hazard may exist, the definition of which may require determination by a Registered Professional Engineer of the State of Texas. Each such determination of the exact limits of the flood hazard area may modify the Flood Hazard District Boundary accordingly. 5.P.4. AMENDMENT OF FLOOD HAZARD BOUNDARIES: The boundary of the Flood Hazard District as shown on the Official Zoning Map of the City of College Station 5-P.6.5.1 Performance Bond: The applicant shall file with the City Engineer a bond executed by a surety company holding a license to do business in the State of Texas. and acceptable to the Citv of College Station on a form ORDINANCE NO. 936 Page 2 shall be amended at such times as the Planning and Zoning Commission shall accept the exact determination of a flood hazard boundary on any subdivision final plat and such plat is filed in the Deed Records of Brazos County, or at such times as the Planning and Zoning Commission shall accept the exact determination of a flood hazard boundary by issuing a conditional use permit, or at such times as surveys and studies prepared by public or private agencies are approved and accepted by the City Council of the City of College Station. Such changes of flood hazard district boundaries are refinements of existing boundaries and therefore shall not be subject to the public hearing requirements of zone change amendments as stated elsewhere in this ordinance. 5-P.5. CONDITIONAL USES: Any dwelling, commercial, industrial, agricultural or other building or construction permitted within the land use district over which the Flood Hazard District is imposed may be permitted by the Planning and Zoning Commission through the issuance of a use permit provided that such construction is so designed and constructed that the free passage of the 100 year flood waters is allowed without (1) creating flood water blockage upstream; (2) contributing to the downstream movement of debris or materials that may cause blockage of drainage facilities or (3) causing damage to the structure or construction proposed. 5-P.6. LANDFILL AND CHANNELIZATION: Any proposed landfill or channelization of any existing watercourse within the Flood Hazard District may be reviewed by the Planning and Zoning Commission and may be permitted or approved by the City Council through the issuance of a use permit and must meet the following requirements: 5-P.6.1 Plans and construction documents must bear the seal of a Registered Professional Engineer of the State of Texas and must be approved by the Texas Water Development Board and the City Engineer. 5-P.6.2 The design of any floodway channel shall be such as not to raise the upstream flood level of the 100 year frequency flood by more than one foot. 5-P.6.3 The floodway channel shall be designed with methods of bank stabilization which shall not impose an undue maintenance burden on the City of College Station. 5-P.6.4 The alignment of the floodway channel shall match the upstream and downstream alignment of the existing channel, and any channelization beyond the limits of the property concerned which may be necessary to achieve a stable channel shall be the responsibility of the applicant. The applicant shall be responsible for obtaining any easements or right-of-ways required of adjoining landowners. 5-P.6.5 The applicant must file security for the completion of all floodway construction shown in his plans and construction documents by one of the following methods: 5-P.6.5.1 Performance Bond: The applicant shall file with the City Engineer a bond executed by a surety company holding a license to do business in the State of Texas, and acceptable to the City of College Station on a form approved by the City, in an amount of the improvements and the time of completion of the improvements as estimated by the City Engineer. The Performance Bond shall be approved as to form and legality by the City Attorney; or 5-•P.6.5,2 Trust Agreement: The applicant shall place on deposit in a bank or trust company in the name of the City, and approved by the Ctrust ORDINANCE NO. 936 Page 3 account, a sum of money equal to the estimated cost of all improvements proposed, the cost and the time of completion as estimated by the City Engineer; selection of the Trustee shall be subject to approval by the City and the Trust Agreement shall be executed on the form provided by the City and approved as to form and legality by the City Attorney. Periodic withdrawals may be made from the trust account for a progress payment of installation costs. The amount of withdrawals shall be based upon progress work estimates approved by the City Engineer. All such withdrawals shall be approved by the Trustee; or 5-P.6.5.3 Unconditional Guarantee from Local Bank or Local Savings and Loan Association or Other Financial Institution as Approved by the City of College Station: The applicant shall file with the City Engineer a letter, in a form approved by the City, signed by a principal officer of a local bank or local savings and loan association or other financial institution, acceptable to the City, agreeing to pay to the City of College Station, on demand, a stipulated sum of money to apply to the estimated costs of installation of all improvements for which the applicant is responsible under this ordinance. The guaranteed payment sum shall be the estimated costs and scheduling as approved by the City Engineer. 5-P.6.6 It is contemplated by the City of College Station that, at the time of the passage of this ordinance, the existing watercourses within the City Limits meet the general public needs, and therefore any channel improvements proposed are for the benefit of the property concerned and the City of College Station shall not participate in the cost nor accept any liability for any landfill or channelization as described above except for such public projects as may be initiated and approved by the City Council of the City of College Station. 5-P.7 SUBDIVISION PLATS: Any proposed subdivision, any part of which lies within a Flood Hazard District shall be required to show the boundaries of such district on the preliminary plat as the boundary appears on the Official Zoning Map and shall be required to show the boundary as determined by a Registered Professional Engineer on the final plat. The requirements of Section 5-P.6 shall be met where any channelization is proposed as well as the requirements of the Subdivision Regulations, Ordinance No. 690. 5-P.8 BUILDING PERMITS: Any building permit application wherein any portion of the site lies within the Flood Hazard District must have the limits and elevations of the flood hazard area shown on the application as determined by a Registered Professional Engineer. The construction proposed shall meet all of the require- ments of Section 5-P.5 and of Section 5-P.6 if fill is proposed and must bear the seal of a Registered Professional Engineer or Registered Architect of the State of Texas, as well as meet the requirements of applicable building codes and regulations of the City of College Station. 5-P.9 NONCONFORMING STRUCTURES: All existing buildings or structures found to lie within the Flood Hazard District shall be permitted to exist. Expansions or remodeling may be permitted, subject to review and approval by the Building Official of the City. Efforts shall be made to protect these buildings and structures from existing flood hazards. PASSED AND APPROVED this 26th day of August, 1974. ATTEST City Secretary ;'�v APPROVED MAyor 0 95