From
Chris Hartmann
Title
TA121101 - Text Amendment - Article 14, "Drainage", of the Unified Development Code - Approval of a Text Amendment to Article 14, "Drainage," of the Unified Development Code (UDC) to amend the UDC language to be consistent with recently approved Environmental Protection Agency changes and proposed changes to the Drainage Design Manual to be incorporated into the revised 2012 Drainage Design Manual. The owner is the City of Grand Prairie and the applicant is Chris Agnew, Engineering Department. (On November 5, 2012, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
Presenter
Director of Planning and Development Bill Crolley
Recommended Action
Approved
Analysis
SUMMARY:
Consideration of a request for the approval of a Text Amendment to Article 14, "Drainage," of the Unified Development Code (UDC) to amend the UDC language to be consistent with recently approved Environmental Protection Agency changes and proposed changes to the Drainage Design Manual to be incorporated into the revised 2012 Drainage Design Manual.
OVERVIEW
This update changes all occurrences of "storm water" to read "stormwater" in order to comply with an Environmental Protection Agency (EPA) decision. The timeline goal is to get this amendment processed in time to issue the 2012 Drainage Design Manual by November or December.
RECOMMENDATION:
The Development Review Committee (DRC) recommends approval of the proposed amendments to Article 14, "Drainage" of the Unified Development Code as depicted in the attached ordinance.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 14, "DRAINAGE MANUAL," OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A CUMULATIVE CLAUSE, A SAVINGS CLAUSE, AND A PENALTY CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE, APPROVAL AND PUBLICATION.
WHEREAS, the Environmental Protection Agency issued a decision to change "storm water" to "stormwater" relative to municipal Drainage Design Manuals, and the City of Grand Prairie, Texas, will be issuing the 2012 Drainage Design Manual before the end of 2012, the city is petitioning an amendment to Article 14, "Drainage," of the Unified Development Code for submittal to the Planning and Zoning Commission of Grand Prairie, Texas for consideration of a recommendation to the City Council; and
WHEREAS, Notice was given of a public hearing on said amendments to be held by the Planning and Zoning Commission of Grand Prairie, Texas, in the City Hall Plaza Building at 7:00 o'clock P.M. on November 5, 2012, such Notice of the time and place of such hearing having been given at least ten (10) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and
WHEREAS, after consideration of said amendment, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 9 to 0 to recommend to the City Council of Grand Prairie, Texas, that said amendments should be approved since its provisions are in the public interest and will promote the health, safety and welfare of the community; and
WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building at 6:30 o'clock P.M. on November 20, 2012, to consider the advisability of amending the Zoning Ordinance as recommended by the Planning and Zoning Commission, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1.
THAT the term "storm water" shall be replaced by the term "stormwater" for all occurrences of this term in Article 14, "Drainage" of the Unified Development Code.
SECTION 2.
THAT all other provisions of Article 14, "Drainage," and of the Unified Development Code not included in this amendment, shall remain in full force and effect, save and except for necessary modifications to the "Table of Contents" affecting page numbering, and for necessary modifications to related terminology or phrases that have been modified by this amendment that will affect a similar modification to interrelated terminology and phrases cross-referenced in other Articles in the Unified Development Code.
SECTION 3.
THAT if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provisions and such holding shall not affect the validity of the remaining portions thereof.
SECTION 4.
THAT all of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved of all personal liability for any damage that might occur to persons or property as a result of any act required or permitted in the discharge of his said duties.
SECTION 5.
THAT any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined in an amount not to exceed five hundred dollars ($500.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 6.
THAT this ordinance shall be in full force and effect from and after its passage, approval and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS the 20th DAY OF november 2012.
ORDINANCE NO. 9458-2012
CASE NO. TA121101