From
Chris Hartmann
Title
TA151001 - Text Amendment - Drainage and Floodplain Management. Approval of a Text Amendment to Article 12, "Platting," Article 14, "Drainage," Article 15, "Floodplain Management," and Article 22, "Fee Schedule," of the Unified Development Code (UDC) for the purpose of revising text to improve consistency among the UDC and the Drainage Design Manual. The owner/applicant is Stephanie Griffin, City of Grand Prairie Engineering Department. (On October 5, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
A Text Amendment to Drainage Design manual for the purpose of revising text to improve consistency among UDC Articles 12, 14, and 15 and the Drainage Design Manual. The following adjustments to the June 2015 Drainage Design Manual are as follows:
SECTION ACTION
Acknowledgments Updated Acknowledgments page.
Revisions Added Revisions to June 2015 Edition.
TABLE OF CONTENTS Updated to reflect changes in document.
LIST OF FIGURES Updated figure numbers and page numbers. Removed Figures 6.4A through 6.4F and referred user to HEC-22 Manual for grate design details.
LIST OF TABLES Updated table numbers and page numbers.
ALL SECTIONS Added “(0.2% annual chance)” to 500-year flood descriptions. Added “(1% annual chance)” to 100-year flood descriptions. Added “(4% annual chance)” to the 25-year flood description. Added “10% annual chance)” to 10-year flood descriptions. Added “(50% annual chance)” to 2-year flood descriptions.
1.1 Updated and clarified the purpose of the Drainage Design Manual.
1.2 Added reference to UDC Articles 14 and 15.
2.1 Updated and clarified the purpose and scope of the drainage policy. Added reference to UDC Articles 14 and 15.
2.2 Updated FEMA terminology. Updated Minimum Finished Floor Elevation to read Lowest Floor Elevation to reflect update in FEMA terminology. Added text clarifying the owner’s responsibility to comply with UDC Articles 12, 14, and 15, as well as the fees described in UDC Article 22.2.3 Added cable to list of utilities and replaced sewer with wastewater.
2.5 Updated “drainage management area” to read “drainage easement”. Replaced duplicate text regarding TPDES with instructions that refer user to UDC Article 14. Added clarification regarding permanent, post-construction BMPs referenced in iSWM. Added floodways to the list of areas in which retaining walls are not allowed. Clarified when engineering plans are required.
2.6 Updated text to read “fully developed watershed condition” to clarify “ultimate”. Updated Minimum Finished Floor Elevation to read Lowest Floor Elevation to reflect update in FEMA terminology. Added statement that a separate building permit is required for all retaining walls. Replaced duplicate text for floodplain requirements with instructions to refer to UDC Article 15. Added requirement that the base flood elevation be shown on plans for properties located within 200-feet of the regulated floodplain. Allows City staff to require engineering plans for retaining walls having a height less than four feet.
2.7 Expanded the CDC text to match the CDC Manual. Removed duplicative text that is covered in UDC Article 15.
3.0 Removed UDC Articles 14 and 15, which are stand-alone documents.
4.0 Became Section 3.0
5.0 Became Section 4.0
6.0 Became Section 5.0
7.0 Became Section 6.0.
7.4 Became 6.4. Removed inlet grate design details, formulas and figures and referred user to the HEC-22 Manual for appropriate details.
8.0 Became Section 7.0
9.0 Became Section 8.0
9.2 Became Section 8.2. Updated instructions to obtain floodplain development permit application from the Floodplain Administrator’s office. Added 1% annual chance flood to the description of the 100-year flood.
10.0 Became Section 9.0. Added 1% annual chance flood to the description of the 100-year flood.
10.1 Became Section 9.1. Added 1% annual chance flood to the description of the 100-year flood.
10.2 Became Section 9.2. Added 1% annual chance flood to the description of the 100-year flood.
11.0 Became Section 10.0
11.1 Became Section 10.1. Added 1% annual chance flood to the description of the 100-year flood.
12.0 Became Section 11.0. Removed duplicative text with instructions to refer to UDC Article 15.
APPENDIX A.1 Removed.
APPENDIX A.2 Removed.
APPENDIX A.3 Removed.
APPENDIX A.4 Became Appendix A.1
APPENDIX A.5 Became Appendix A.2
APPENDIX B Updated definitions to reflect current FEMA definitions.
APPENDIX C Removed.
APPENDIX D Became Appendix C.
APPENDIX E Became Appendix D.
APPENDIX F Became Appendix E.
APPENDIX G Became Appendix F.
APPENDIX H Became Appendix G.
APPENDIX I Became Appendix H.
APPENDIX J Became Appendix I.
APPENDIX K Became Appendix J.
APPENDIX L Became Appendix K.
APPENDIX M Became Appendix L.
Adjustments are:
1. Various corrections for spelling, grammar and punctuation throughout the article.
2. Various corrections to revise any floor elevation to ‘lowest finished floor’ to comply with updates to FEMA guidelines and other articles to the UDC.
3. Various corrections to revise reference to sewer to ‘wastewater main’.
4. Various corrections to revise storm sewer to ‘storm drain’.
5. Various corrections to revise pro rata to ‘pro-rata’.
Article 12,"Platting”
1. Section 12.3.2-corrected title of permit to conform with other articles of the UDC and removed redundant language that will be unique to the Drainage Design Manual or other drainage and floodplain associated sections of the UDC .
2. Section 12.4.2-clarified process for release of plans for construction and release of public works permit
3. Section 12.8.1-corrected title of permit and added reference to the TPDES Construction General Permit and cross-reference to Article 14.
4. Section 12.16.1-corrected title of permit, clarified the requirement for erosion control plan, and defined clearing and grubbing separate from grading and earthwork.
5. Section 12.16.3-clarified the requirement for a floodplain development permit.
6. Section 22-revised the title to ‘DRAINAGE AND FLOODPLAIN MANAGEMENT’.
7. Section 12.27.9-clarified permitting and revised title from dirt work to ‘Earthwork’.
8. Section 12.27.10-clarified items that may be covered within a pro-rata agreement.
9. Section 12.27.11-clarified sealing requirements for plans and record drawing requirements.
Article 14, "Drainage," of the Unified Development Code
1. Section 14.1.1 - deleted the sentence referring to FEMA Technical Bulletin 10.
2. Section 14.3.2 - updated text to refer user to City website for current earthwork development permit application form.
3. Updated text throughout to use the phrase “100-year (1% annual chance)” when referring to the 100-year storm event to reflect updates in FEMA terminology.
4. Replaced “minimum finished floor” with “lowest floor elevation” throughout the document to reflect current FEMA terminology.
5. Updated text in Section 14.6.3 to reflect current Stormwater Pollution Prevention Plan (SWP3) requirements for construction.
6. Added a statement regarding “no adverse impacts” to result from the addition of a detention basin in the third paragraph of Section 14.4.5.
7. Added clarifying text in Section 14.5.2.A regarding the required submittals.
8. Added Section 14.5.2.C directing the user to the City’s website to obtain standard construction details, the Drainage Design Manual, and the Private Development Plan Review Checklist.
Article 15, "Floodplain Management," of the Unified Development Code
1. Added 15.1.3 to address Grand Prairie’s participation in the Community Rating System (CRS).
2. Updated text throughout to use the phrase “Special Flood Hazard Area (SFHA)” instead of “flood hazard area” to be consistent with Federal Emergency Management Agency (FEMA) language.
3. Moved Section 21, “Definitions” to Section 4. All other sections were renumbered accordingly. Updated definitions to reflect current FEMA terminology as appropriate.
4. Section 4, :Lands to which this Ordinance Applies” was renumbered as Section 5 and the following statement was added, “All development within a FEMA defined floodplain shall be in accordance with the National Flood Insurance Program (NFIP) 44 Code of Federal Regulations (CFR).”
5. Updated text throughout to use the phrase “100-year (1% annual chance)” when referring to the 100-year storm event to reflect updates in FEMA terminology.
6. Renumbered Section 15.6.1.C to be Section 15.7.1.C and added the statement, “The City will not approve a final plat that does not conform to the minimum Federal Emergency management Agency (FEMA) regulations regarding floodplain management.”
7. Renumbered Section 15.13.1.C to be Section 15.14.1.C and removed the statement regarding Parks and Recreation Department review of any development within 500 feet of the centerline of a waterway.
8. Updated text throughout to refer to the “Stormwater Department” instead of the “Engineering Department” for the review and approval of proposed development within the floodplain.
9. Renumbered Section 15.14.2.G to be Section 15.15.2.G. The text referring to maintaining records was removed. Text referring to the requirement to use FEMA effective HEC-RAS models and the City’s HEC-RAS models for ultimate (or fully developed) conditions was added. A statement was also added that in the event that a HEC-RAS model does not exist for an area, the owner will be responsible for hiring an engineer to prepare such models.
10. Replaced the phrase “flood protection elevation” with “lowest floor elevation” throughout the document to reflect current FEMA terminology.
11. Replaced “finished floor elevation” with “lowest floor elevation” throughout the document to reflect current FEMA terminology.
12. Updated the phrase “finished floor elevation” to be “lowest floor elevation” throughout the document to reflect current FEMA terminology.
13. Renumbered Section 15.14.2.J.2 to be 15.15.2.J.2 and added the statement, “ LFEs for parking lots and open storage shall be at least one (1) foot above the BFE.” The intent of this statement is to address salvage yards and other outside storage operations to comply with the lowest floor elevation for outside operations and storage.
14. Added Section 16, “FEMA Acknowledgement of Removal of Property from the Floodplain” to provide the detailed process by which a structure and/or property that has been removed from the regulated floodplain must follow in order to obtain FEMA recognition and approval of the change.
15. Renumbered Section 15.15.1.A to be Section 15.17.1.A and added the phrase “or stored materials” to be anchored to prevent movement to address salvage yards, gravel operations, trailer parking/storage, and other commercial operations within the floodplain.
16. Replaced “sanitary sewage system” with “wastewater system” throughout the document.
17. Renumbered Section 15.15.1 to be Section 15.17.1 and added two requirements to comply with FEMA requirements:
a. Item I, “No critical facility shall be placed within the 500-year floodplain.”
b. Item J, “All roads/streets shall be no less than two feet above the base flood elevation unless approved otherwise.”
18. Added Item 15.15.2.B to address fences placed below the lowest flood elevation
19. Renumbered Section 15.16.1.B.4 to be 15.18.1.B.4 and updated text to more adequately address floodproofing requirements for nonresidential structures.
20. Renumbered Section 15.16.1.D to be 15.18.1.D to clarify the floodplain requirements specific to manufactured homes. No manufactured home, park or subdivision shall be placed within a Special Flood Hazard Area. The elevation requirements for manufactured homes are the same as for any other residential structure, two feet above the base flood elevation for existing conditions or one foot above the ultimate development conditions, whichever is higher. Homes must be placed on fill or on piers. Footings and piers shall be designed according to the Texas Department of Housing and Community Affairs 10 Texas Administrative Code Chapter 80.
21. Replaced “City Engineer” with “Floodplain Administrator” for appropriate floodplain approvals throughout the document.
22. Moved Section 22, “Trinity River Corridor Development Certificate” to be before Section 20, “Variance Procedures” and renumbered accordingly.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 12: PLATTING, ARTICLE 14: DRAINAGE, ARTICLE 15: FLOODPLAIN MANAGEMENT, AND ARTICLE 22: FEE SCHEDULE, ALL OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; THE PURPOSE OF THESE AMENDMENTS IS FOR GENERAL CORRECTIONS AND TO UPDATE CITY FLOOPLAIN REGULATIONS NECESSARY TO IMPLEMENT FEDERAL FLOODPLAIN REQUIREMENTS AND TO IMPROVE THE CONSISTENCY BETWEEN THE VARIOUS ARTICLES OF THE UNIFIED DEVELOPMENT CODE AND THE DRAINAGE DESIGN MANUAL; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL
WHEREAS, Section 1.11.3.1 of the Unified Development Code of the City of Grand Prairie, Texas states: “Amendments to the text of the Unified Development Code shall be initiated only by action of the City Council directing the City Manager to initiate such a request on be-half of the City or by the City Manager's own initiative.”; and
WHEREAS, on September 8, 2015 the City Manager staff, due to the cancellation of the September 8, 2015 City Council Development Committee of the City of Grand Prairie, Texas, sent an email communication to all members of the City Council Development Committee requesting their consideration of a proposal to initiate an amendment to Article 12: Platting, Article 14: Drainage, Article 15: Floodplain Management, Article 22: Fee Schedule of the Unified Development Code; and
WHEREAS, after consideration of said amendments, the City Council Development Committee of the City of Grand Prairie, Texas, via individual response email communications, directed City Manager staff to initiate the preparation of an ordinance amending Article 12: Platting, Article 14: Drainage, Article 15: Floodplain Management, Article 22: Fee Schedule 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 October 05, 2015, 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 amendments, 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 October 13, 2015 to consider the advisability of amending the Code of Ordinances and the Unified Development Code 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 - Edits to Article 12: Platting of the Unified Development Code
The below listed revisions to Article 12: Platting are for general corrections, updates to the Federal floodplain requirements, and to improve consistency among Unified Development Code Articles 14, 15, 22 and the Drainage Design Manual.
Edits to Article 12: Platting of the Unified Development Code are as follows:
1. Various corrections for spelling, grammar and punctuation throughout the article.
2. Various corrections to revise any floor elevation to ‘lowest finished floor’ to comply with updates to FEMA guidelines and other articles to the UDC.
3. Various corrections to revise reference to sewer to ‘wastewater main’.
4. Various corrections to revise storm sewer to ‘storm drain’.
5. Various corrections to revise pro rata to ‘pro-rata’.
6. Section 12.3.2-corrected title of permit to conform with other articles of the UDC and removed redundant language that will be unique to the Drainage Design Manual or other drainage and floodplain associated sections of the UDC .
7. Section 12.4.2-clarified process for release of plans for construction and release of public works permit.
8. Section 12.8.1-corrected title of permit and added reference to the TPDES Construction General Permit and cross-reference to Article 14.
9. Section 12.16.1-corrected title of permit, clarified the requirement for erosion control plan, and defined clearing and grubbing separate from grading and earthwork.
10. Section 12.16.3-clarified the requirement for a floodplain development permit.
11. Section 22-revised the title to ‘DRAINAGE AND FLOODPLAIN MANAGEMENT’.
12. Section 12.27.9-clarified permitting and revised title from dirt work to ‘Earthwork’.
13. Section 12.27.10-clarified items that may be covered within a pro-rata agreement.
14. Section 12.27.11-clarified sealing requirements for plans and record drawing requirements.
SECTION 2 - Edits to Article 14: Drainage of the Unified Development Code
The below listed revisions to Article 14: Drainage are for general corrections, updates to the Federal floodplain requirements, and to improve consistency among Unified Development Code Articles 12, 15, 22 and the Drainage Design Manual.
Edits to Article 14: Drainage of the Unified Development Code are as follows:
1. Section 14.1.1 - deleted the sentence referring to FEMA Technical Bulletin 10.
2. Section 14.3.2 - updated text to refer user to City website for current earthwork development permit application form.
3. Updated text throughout to use the phrase “100-year (1% annual chance)” when referring to the 100-year storm event to reflect updates in FEMA terminology.
4. Replaced “minimum finished floor” with “lowest floor elevation” throughout the document to reflect current FEMA terminology.
5. Updated text in Section 14.6.3 to reflect current Stormwater Pollution Prevention Plan (SWP3) requirements for construction. Added “Chapter 26” before “Section 26.040”. Corrected “Section 4-02” to read “Section 402”.
6. Added a statement regarding “no adverse impacts” to result from the addition of a detention basin in the third paragraph of Section 14.4.5.
7. Added clarifying text in Section 14.5.2.A regarding the required submittals.
8. Added Section 14.5.2.C directing the user to the City’s website to obtain standard construction details, the Drainage Design Manual, and the Private Development Plan Review Checklist.
SECTION 3 - Edits to Article 15: Floodplain Management of the Unified Development Code
The below listed revisions to Article 15: Floodplain Management are for general corrections, updates to the Federal floodplain requirements, and updates to the Drainage Design Manual, Articles 12, 14, and 22.
Edits to Article 15: Floodplain Management of the Unified Development Code are as follows:
1. Added 15.1.3 to address Grand Prairie’s participation in the Community Rating System (CRS).
2. Updated text throughout to use the phrase “Special Flood Hazard Area (SFHA)” instead of “flood hazard area” to be consistent with Federal Emergency Management Agency (FEMA) language. Updated the definition of SFHA.
3. Moved Section 21, “Definitions” to Section 4. All other sections were renumbered accordingly. Updated definitions to reflect current FEMA terminology as appropriate.
4. Added note to definition of “structure” to refer user to Article XIX for additional gas drilling and production requirements.
5. Section 4, :Lands to which this Ordinance Applies” was renumbered as Section 5 and the following statement was added, “All development within a FEMA defined floodplain shall be in accordance with the National Flood Insurance Program (NFIP) 44 Code of Federal Regulations (CFR).”
6. Updated text throughout to use the phrase “100-year (1% annual chance)” when referring to the 100-year storm event to reflect updates in FEMA terminology.
7. Renumbered Section 15.6.1.C to be Section 15.7.1.C and added the statement, “The City will not approve a final plat that does not conform to the minimum Federal Emergency management Agency (FEMA) regulations regarding floodplain management.”
8. Renumbered Section 15.13.1.C to be Section 15.14.1.C and removed the statement regarding Parks and Recreation Department review of any development within 500 feet of the centerline of a waterway.
9. Updated text throughout to refer to the “Stormwater Department” instead of the “Engineering Department” for the review and approval of proposed development within the floodplain.
10. Renumbered Section 15.14.2.G to be Section 15.15.2.G. The text referring to maintaining records was removed. Text referring to the requirement to use FEMA effective HEC-RAS models and the City’s HEC-RAS models for ultimate (or fully developed) conditions was added. A statement was also added that in the event that a HEC-RAS model does not exist for an area, the owner will be responsible for hiring an engineer to prepare such models.
11. Replaced the phrase “flood protection elevation” with “lowest floor elevation” throughout the document to reflect current FEMA terminology.
12. Replaced “finished floor elevation” with “lowest floor elevation” throughout the document to reflect current FEMA terminology.
13. Updated the phrase “finished floor elevation” to be “lowest floor elevation” throughout the document to reflect current FEMA terminology.
14. Renumbered Section 15.14.2.J.2 to be 15.15.2.J.2 and added the statement, “ LFEs for parking lots and open storage shall be at least one (1) foot above the BFE.” The intent of this statement is to address salvage yards and other outside storage operations to comply with the lowest floor elevation for outside operations and storage.
15. Added Section 16, “FEMA Acknowledgement of Removal of Property from the Floodplain” to provide the detailed process by which a structure and/or property that has been removed from the regulated floodplain must follow in order to obtain FEMA recognition and approval of the change.
16. Renumbered Section 15.15.1.A to be Section 15.17.1.A and added the phrase “or stored materials” to be anchored to prevent movement to address salvage yards, gravel operations, trailer parking/storage, and other commercial operations within the floodplain.
17. Replaced “sanitary sewage system” with “wastewater system” throughout the document.
18. Renumbered Section 15.15.1 to be Section 15.17.1 and added two requirements to comply with FEMA requirements:
a. Item I, “No critical facility shall be placed within the 500-year floodplain.”
b. Item J, “All roads/streets shall be no less than two feet above the base flood elevation unless approved otherwise.”
19. Added Item 15.15.2.B to address fences placed below the lowest flood elevation
20. Added “along with attending utilities” to Section 15.15.2.L.2 to comply with FEMA requirements.
21. Renumbered Section 15.16.1.B.4 to be 15.18.1.B.4 and updated text to more adequately address floodproofing requirements for nonresidential structures.
22. Renumbered Section 15.16.1.D to be 15.18.1.D to clarify the floodplain requirements specific to manufactured homes. No new or replacement manufactured home, park or subdivision shall be placed within a Special Flood Hazard Area. The elevation requirement for manufactured homes has been updated to be three feet above the BFE to comply with updated FEMA requirements. Homes must be placed on fill or on piers. Footings and piers shall be designed according to the Texas Department of Housing and Community Affairs 10 Texas Administrative Code Chapter 80.
23. Added “along with attending utilities” to Section 15.18.1.B to comply with FEMA requirements.
24. Replaced “City Engineer” with “Floodplain Administrator” for appropriate floodplain approvals throughout the document.
25. Moved Section 22, “Trinity River Corridor Development Certificate” to be before Section 20, “Variance Procedures” and renumbered accordingly.
SECTION 4 - Edits to Article 22: Fees of the Unified Development Code
The below listed revisions to Article 15: Floodplain Management are for general corrections, updates to the Federal floodplain requirements, and updates to the Drainage Design Manual, Articles 12, 14, and 22.
SECTION 5
THAT all other provisions of Article 12: Platting, Article 14: Drainage, Article 15: Floodplain Management, and Article 22: Fees of the Unified Development Code, not included in this amendment, shall remain in full force and effect, save an 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 6
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 7
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 8
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 two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative or 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 9
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 13th DAY OF OCTOBER, 2015.
ORDINANCE NO. 9951-2015
CASE NO. TA151001