From
Chris Hartmann
Title
TA190301 - Text Amendment - Article 15 Updates, “Floodplain Management”, of the Unified Development Code for the purpose of updating the FEMA map and flood study references and clarifying enforcement and penalties for noncompliance. (On March 4, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
Text Amendments - Consideration for approval of Text Amendments to Article 15, "Floodplain Management," of the Unified Development Code for the purpose of updating the FEMA map and flood study references and clarifying enforcement and penalties for noncompliance. The following adjustments are proposed:
1. Section 14.4.1: The definition of “Substantial Improvement” has been clarified to state that no permits will be issued for substantial damages that have a cumulative value for the previous 10 years that is greater than 50% of the value of the structure. City staff has been following the cumulative damage requirement but the ordinance language did not specifically state “cumulative”.
2. Section 15.6: Updated the effective dates for the Tarrant and Dallas County FIRM and FIS to be March 21, 2019.
3. Section 15.22.7: Clarified the Violation text to state that a person commits an offense by doing work in the Trinity River Corridor without first obtaining a CDC permit. A person also commits an offense by failing to return the property to its original or previous condition. The previous language simply required a CDC application to be “submitted” to the City instead of “obtained” from the City. Relabeled “Penalties” to “Restoration”. Clarified the violation text to state that a person commits an offense for failing to restore the property. Penalties are addressed in Section 15.26.
4. Section 15.24: Reworded the Violations to clarify that a person commits an offense by doing work without first obtaining a floodplain development permit. A person also commits an offense by failing to return the property to its original or previous condition. The previous language simply required a floodplain permit to be “submitted” to the City instead of “obtained” from the City. Section 15.24.2 was relabeled from “Penalties” to “Restoration”. Penalties are addressed in Section 15.26.
5. Section 15.26.1: Added a statement clarifying that each day a violation continues constitutes a separate offense, which means that citations can be issued daily.
A full draft of the changes are attached as "Exhibit A".
At its February 18, 2019 meeting, the Council Development Committee voted unanimously to recommend approval of the proposed changes.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 15, “FLOODPLAIN MANAGEMENT” OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; TO UPDATE CERTAIN REQUIREMENTS PERTAINING TO FLOODPLAIN DEVELOPMENT PERMITS, PENALTIES FOR VIOLATION, AND DATES APPLICABLE TO ADOPTED FLOODPLAIN MAPS; 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 February 18, 2019, a review and briefing was held by City staff before the City Council Development Committee of the City of Grand Prairie, Texas for consideration of a proposal to initiate said amendments; and
WHEREAS, after consideration of said amendments, the City Council Development Committee of the City of Grand Prairie, Texas directed the City Manager to initiate the preparation of an ordinance amending 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 6:30 P.M. on March 4, 2019, 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 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 March 19, 2019 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
THAT, the definition of "Substantial Improvement" in Section 4, and the identified subsections of Section 6, Section 22, Section 24, and Section 26 of Article 15 “Floodplain Management” of the Unified Development Code, City of Grand Prairie, Texas, be and are amended to read as follows, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough:
SECTION 4 - DEFINITIONS
Substantial Improvement: Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the first alteration of any wall, ceiling, floor or other structural part of a building commences, whether or not that alteration affects the exterior dimensions of the structure. The term does not include either any project for improvement of a building to correct existing state or local code violations or any alteration to a "historic building", provided that the alteration will not preclude the building's continued designation as a "historic building." The Floodplain Administrator may approve proposed improvements if the cumulative value of all improvements for the previous ten (10) years is less than 50% of the market value or tax appraisal value of improvements on the property, whichever is greater. No substantial improvements are permitted.
SECTION 6 - BASIS FOR ESTABLISHING SPECIAL FLOOD HAZARD AREAS (SFHA)
15.6.1 The SFHAs include:
A. The areas of special flood hazard identified by FEMA in the current scientific and engineering report entitled, “The Flood Insurance Study (FIS) for Tarrant County, Texas and Incorporated Areas,” dated September 25, 2009 March 21, 2019, with accompanying Flood Insurance Rate Maps dated September 25, 2009 March 21, 2019, “The Flood Insurance Study (FIS) for Dallas County, Texas and Incorporated Areas," dated July 7, 2014 March 21, 2019, with accompanying Flood Insurance Rate Maps dated July 7, 2014 March 21, 2019, “The Flood Insurance Study (FIS) for Ellis County, Texas and Incorporated Areas," dated June 3, 2013, with accompanying Flood Insurance Rate Maps dated June 3, 2013, and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance.
SECTION 22 - TRINITY RIVER CORRIDOR DEVELOPMENT CERTIFICATE (CDC)
15.22.7 CDC Enforcement
A. Violations
1. A person commits a violation an offense by commencing development within the Trinity River Corridor without first submitting obtaining a CDC permit application and obtaining documentation from the City granting a Corridor Development Certificate.
2. A person who commences development within the Trinity River Corridor without first obtaining a CDC permit from the City commits an offense by failing to return the property to its original or previous condition.
B. Penalties Restoration
A person who commits a violation of any provision of the CDC process shall be required to return the property to its previous or original condition or to go through the CDC process and make any required accommodations that result from the CDC process.
SECTION 24 - ENFORCEMENT
15.24.1 Violations
A. A person commits a violation an offense by commencing development within a SFHA or floodplain without first submitting obtaining a FDP application and a CDC application, if applicable, and obtaining documentation floodplain development permit from the City. granting permission to perform said work.
B. A person who commences development within a SFHA or floodplain without first obtaining a floodplain development permit from the City commits an offense by failing to return the property to its original or previous condition.
15.24.2 Penalties Restoration
A person who commits a violation of any provision of this Article shall be required to return the property to its previous or original condition or to go through the required floodplain permitting process and make any required accommodations that result from said processes.
SECTION 26 - PENALTIES FOR NONCOMPLIANCE
15.26.1 Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined in accordance with Section 1-8, City of Grand Prairie Code of Ordinances, for each violation, and in addition shall pay all costs and expenses involved in the case. Section 1-8 of the states that each day any violation of the Code or any other City ordinance continues shall constitute a separate offense. Nothing herein contained shall prevent the City of Grand Prairie from taking such other lawful action as is necessary to prevent or remedy any violation.
SECTION 2
Sections of Article 15 “Floodplain Management” 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 specified in the Unified Development Code or other applicable laws and ordinances of the City of Grand Prairie, 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 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 19th DAY OF MARCH, 2019.
Case No. TA190301
Ordinance No. 10613-2019