From
Chris Hartmann
Title
TA140605 - Text Amendment - Article 15, Floodplain Management. Approval of a Text Amendment to Article 15, "Floodplain Management," of the Unified Development Code for the purpose of revising text to reference the most recent flood insurance study for Dallas County. Owner/applicant is the City of Grand Prairie Engineering Dept. (On June 2, 2014, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
The City Council Development Committee (CCDC), following a June 10, 2014 review and briefing held with City Manager staff, directed staff to initiate the preparation of an ordinance amending Article 15, "Floodplain Management," of the Unified Development Code, City of Grand Prairie, Texas, for submittal to the Planning and Zoning Commission for a recommendation to the City Council.
Consideration for approval of a Text Amendment to Article 15, "Floodplain Management," of the Unified Development Code for the purpose of revising text to reference the most recent flood insurance study for Dallas County.
OVERVIEW
SECTION 5 - Basis for Establishing Areas of Special Flood Hazard
15.5.1 The areas of special flood hazard are:
A. The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, “The Flood Insurance Study (FIS) for Tarrant County, Texas and Incorporated Areas,” dated September 25, 2009, with accompanying Flood Insurance Rate Maps dated September 25, 2009, “The Flood Insurance Study (FIS) for Dallas County, Texas and Incorporated Areas," dated July 7, 2014, with accompanying Flood Insurance Rate Maps dated July 7, 2014, “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.
B. Those areas, which have not yet been delineated on the FEMA maps, but are known to constitute a special flood hazard.
RECOMMENDATION:
The Development Review Committee (DRC) recommends approval of the proposed amendment of Article 15 “Floodplain Management” of the Unified Development Code.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 15, “FLOODPLAIN MANAGEMENT, SECTION 15.5.1.A,” 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 basis for establishing areas of special flood hazard dates have changed, the Flood Insurance Study (FIS) for Dallas County, Texas and Incorporated Areas, “dated July 7, 2014, with accompany Flood Insurance Rate Maps dated July 7, 2014, the city is petitioning an amendment to Article 15, “Floodplain Management, Section 15.5.1.A,” 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 June 2, 2014, 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 7 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 June 17, 2014, 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 “The Flood Insurance Study (FIS) for Dallas County, Texas and Incorporated Areas," dated July 7, 2014, with accompanying Flood Insurance Rate Maps dated July 7, 2014, be revised in Article 15, Section 15.5.1.A, “Floodplain Management” of the Unified Development Code.
SECTION 2.
THAT all other provisions of Article 15, “Floodplain Management, Section 15.5.1.A” 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 17th DAY OF JUNE 2014.
ORDINANCE NO. 9732-2014
CASE NO. TA140605