HomeMy WebLinkAboutOrdinances (O-73-141 A)-11/20/1973
( \ , (;
ex 4'6
V/J ~ 'iD
rJY 1/1/; d
~\'y'../I r,:
Cok \
),rc / :
VOLUME -;J[;AGE~
ORDINANCE NO. 0-73-141 A I
AN ORDINANCE ESTABLISHING FLOOD HAZARD AREAS AND PROVIDING
FOR A FLOODWAY ZONING DISTRICT AND A FLOOD PLAIN ZONING
DISTRICT; ESTABLISHING SPECIAL PROVISIONS APPLYING TO THE
FLOOD HAZARD AREA; AND FURTHER PROVIDING FOR SPECIAL EXCEP-
TION PERMITS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS:
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSES
1.1 Statutory Authorization. The Legislature of the State
r
I
1.2
of Texas has in Article 8280-13 of the 61st Legislature
session delegated the responsibility to local govern-
mental units to adopt regulations designed to minimize
flood losses. Therefore the City Council of Colleyville,
Texas, do ordain as follows:
Fi.ndings of Fact
1.21 Flood Losses Resulting from periodic Inundation -
The flood hazard areas of Colleyville, Texas are subject
to periodic inundation which results in loss of life and
property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expendi-
tures for flood protection and relief, and impairment of
the tax base all of which adversely affect the public
health, safety and general welfare.
1.22 General Causes of These Flood Losses - These flood
losses are caused by:
(I) The cumulative effect of
obstructions in floodways causing increases in flood
heights and velocities.
(2) The occupancy of flood
VOLtJ!.fE, .-rri, "T),' (TT,1, ' ti J
~- _1.'" \\J "'I ----1JR.-.
hazard areas by uses vulnerable to floods of hazardous
,,-.. ,
to others which are inadequately elevated or otherwise
protected from flood damages.
1.23 Methods Used to Analyze Flood Hazards - This
Ordinance uses a reasonable method of analyzing flood
hazards which consists of a series of interrelated stops:
(1) Selection of a regulatory flood which is based upon
engineering calculations which permit a considera-
tion of such flood factors as its expected frequency
of occurence, the area inundated, and the depth of
inundation. The regulatory flood selected for this
ordinance is representative of large floods known
to have occurred in this region and which are
reasonably characteristic of what can be expected
to occur on the particular streams subject to this
Ordinance. It is in the general order of a flood
which could be expected to occur on the average of
once every 100 years.
(2) Calculation of water surface profiles based upon a
hydraulic engineering analysis of the capacity of
the stream channel and overbank areas to convey the
regulatory flood.
(3) Computation of the floodway required to convey this
flood without increasing flood heights to an extent
~
which would cause substantial upstream or downstream,
damage to existing or reasonably anticipated future-
VOLUME.-rrI 0
~PAGE I 7
~
development.
~
(4) Delineation of floodway encroachment lines within
which no obstruction is permitted which would cause
such damage.
(5) Delineation of the Flood Plain, i.e., that area
outside the floodway encroachment lines but which
is still subject to inundation by the regulatory
flood.
1.3 Statement of Purpose
It is the purpose of this Ordinance to promote the public
health, safety and general welfare and to minimize those
losses described in Section 1.21 by provisions designed
to:
1.31 Restrict or prohibit uses which are dangerous to
health, safety or property in times of flood or
cause increase flood heights or velocities.
1.32 Require that uses vulnerable to floods, including
public facilities which serve such uses, be pro-
vided with flood protection at the time of initial
construction.
1.33 Protect individuals from buying lands which are un-
suited for intended purposes because of flood hazard.
1.34 Provide for the establishment of a comprehensive
drainage plan for the major water courses of the
city.
1.35 Insure the perpetuity and conservation of waterways,
11' ,1' ,'-''-'" ~..,.." ~T' (Jet
\ \...-.,J..J"-'l..L-f __~l'.;.':....:...r.r_.,~
water courses, and greenways throughout the city
as a natural protection against the hazards and
losses connected with flooding.
SECTION 2.0 GENERAL PROVISIONS
2.1 Lands to Which Ordinance Applies
This Ordinance shall apply to all lands within the
jurisdiction of the City of Colleyville shown on the
Official Zoning Map as being located within the
boundaries of the Floodway and Flood Plain districts.
2.2 Reference: Official Zoning Map
The following Flood Plain information reports entitled:
Flood Plain Information - Bear Creek, Dallas and Tarrant
Counties, Texas, dated June, 1971, which were prepared by
the Corps of Engineers, u.S. Army, Fort Worth, Texas
District, are hereby attached to and made a part of the
Official Zoning Map and this Ordinance.
2.3 Rules for Interpretation of District Boundaries
The boundaries of the Floodway and Flood Plain districts
shall be determined by scaling distances on the Official
Zoning Map~ Where interpretation is needed as to the
exact location of the boundaries of the districts as
shown on the Official Zoning Map, as for example where
there appears to be a conflict between a mapped boundary
and actual field conditions, the Board of Adjustment shall
make the necessary interpretation. The regulatory flood
protection elevation for this point in question shall be
r ;~,T"'--:>:__~~,,~. 9'1
~
/".
the governing factor in locating the district boundary
on the land. The person contesting the location of the
district boundary shall be given a reasonable opportunity
to present his case to the Board and to submit his own
technical evidence, is he so desires.
2.4 Compliance
No structure, land or water, shall hereafter be used and
no structure shall belocated, extended, converted or
structurally altered without full compliance with the
terms of this Ordinance and other applicable regulations.
2.5 Abrogation and Greater Restrictions
It is not intended by this Ordinance to repeal, abrogate
or impair any existing easements, covenants, or deed
restrictions. However, where this Ordinance imposes
greater restrictions, the provisions of this Ordinance
shall prevail. All other ordinances inconsistent with
this ordinance are hereby repealed to the extent of the
inconsistency only.
2.6 Interpretation
In their interpretation and application, the provisions of
this Ordinance shall be held to be minimum requirements and
shall be liberally construed in favor of the governing body
and shall not be deemed a limitation or repeal of any other
powers granted by State Statutes.
2.7 Warning and Disclaimer of Liability
The degree of flood protection required by this Ordinance'
.,,-, 71f.
..';....'
--- --
.,j~O_
is considered reasonable for regulatory purposes and is
~
based on engineering and scientific methods of study.
Larger floods may occur on rare occasions or the flood
height may be increased by man-made or natural cases,
such as ice jams and bridge openings restricted by debris.
This Ordinance does not imply that areas outside floodway
and flood plain district boundaries or land uses permitted
within such districts will be free from flooding or flood
damages. This Ordinance shall not create liability on the
part of the City of Colleyville or any officer or employee
thereof for any flood damages that may result from reliance
on this Ordinance or any administrative decision lawfully
made thereunder.
SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS
The flood hazard areas within the jurisdiction of this Ordinance
are hereby divided into the two following districts: a Flood-
way District (FW) and a Flood Plain District (FP). The
boundaries of these districts shall be shown on the Official
Zoning Map. Within these districts all uses not allowed as
Permitted Uses or permissible as Special Exceptions shall be
prohibited.
SECTION 4.0 FLOODWAY DISTRICT (FW)
4.1 Permitted Uses
-,
The following open space uses shall be permitted within
the Floodway District to the extent that they are not
prohibited by any other ordinance and provided they do
VOLUME _ Jlk PAGE IOL
not require structures, fill or storage of materials or
equipment:
4.11 Agricultural uses such as: general farming, pasture,
grazing, outdoor plant nurseries, horticulture,
vi ticul tun!!', 1::ruck. farmi.ng, forestry, sod farming,
and wild crop harvesting.
4.12 Industrial-Commercial uses such as: loading areas,
parking areas, airport landing strips.
4.13 Private and public recreational uses such as: golf
courses, tennis courts, driving ranges, archery
ranges, picnic grounds, swimming areas, parks, wild-
life and nature preserves, game farms, fish hatcheries,
shooting preserves, target ranges, trap and skeet
ranges, hunting and fishing areas, hiking and horse-
back riding trails.
4.14 Residential uses such as:
lawns, gardens, parking
areas and play areas.
4.2 Special Exceptions
The following uses which involve structures (temporary or
permanent), fill or storage of materials or equipment are
permitted only upon application to the Zoning Administra~or
and the issuance of a Special Exceition Permit by the
Board of Adjustment as provided in Section 7.0, Special
Exception Permits, of this Ordinance and subject to the
provisions of Section 6.0 which applies to all floodway
special exception uses and specifically to fill, structures,
VOLUME ~~'PAG1!J /~~
and storage of materials or equipment.
4.21
~,Y{';-::>'," ~:i,'ii"',*_'S"~-""" ",.,,~.,;,'''-''>''-
Acce~~bry uses or structures.
4.22
Circuses, carnivals and similar transient amusement
enterpr~ises .
4.23 Drive-in theaters, new and used car lots, road side
stands, signs and bill boards.
4.24 Railroads, streets, bridges, utility transmission
lines and pipe lines.
4.25 Storage yards for equipment, machinery or materials.
4.26 Kennels and stables
4.27 Other uses similar in nature to uses described in
Section 4.1 or 4.2 which are consistent with the
provisions set out in Section 1.3 and 6.0 of this
Ordinance.
SECTION 5.0 FLOOD PLAIN DISTRICT CFP)
5.1 Permitted Uses
The following uses shall be permitted within the Flood
Plain District to the extent that they are not prohibited
by any other ordinance:
5.11 Any open-space use permitted in Section 4.1.
5.12 Any other non-structural use provided it is elevated
above the regulatory flood protection elevation and
a determination is made by the municipal engineer
or other designated municipal employee that the use
will not unduly restrict the capacity of the channels
or floodway of tributaries to the main stream, drainage
VOLUM?; >~ ./7\~
_1.tt::.. ":'AGF; ~
ditches, or any other drainage facilities or
systems.
5.13 Structures constructed on fill provided the first
floor or basement floor is above the regulatory
flood protection elevation. The fill shall be at
a point no lower than one (1) foot below the
regulatory flood protection elevation for the parti-
cular area and shall be extended at such elevation
at least fifteen (15) feet beyond the limits of
any structure or building erected thereon.
5.2 "-Special, Exceptions
The following uses and structures are permitted only upon
issuance of a Special Exception permit by the Board of
Adjustment as provided in Section 7.0, Special Exception
Permits, of this Ordinance and subject to the followigg
provisions:
5.21 Structures if adequately floodproofed or otherwise
protected as provided in Section 7.4 (a) - (e) to a
point above the regulatory flood protection elevation.
5.22 Uses listed in Section 4.2 of this Ordinance and
other similar uses which will not be subject to
substantial flood damage and which will not cause
flood losses on other lands or to the public. These
may include uses which can be readily removed from
flood hazard areas during times of flood. The Board
may in the Special Exception Permit allow such uses
VOLUME ~PAGE j()'/
to be located at an elevation below the regulatory
flood protection elevation.
SECTION 6.0 SPECIAL PROVISIONS APPLYING TO THE FLOOD HAZARD AREA
6.1 All Uses
6.11 Maintenance easements and access, watercourse, and
parkway easements will be required within floodways
and flood plain areas to assure maintainability and
access to the floodway. Dedications will be
encouraged for lands within the flood hazard area
for future open space developments in accordance
with the City's Master Plan
The easements and/or dedicated lands shall meet
the following requirements:
(al All land within the waterway which lies between
the banks of the creek shall be dedicated to
the public use.
(b) Easements or dedication of additional land
along the waterways within the flood plain shall
be included in any final plat or plat revision
and shall meet the following requirements:
(1) A maintenance easement with a minimum
width of fifty (50) feet shall be re-
quired on each side of the dedicated
creek;
(2) An access, watercourse, and parkway ease-
ment with a total width of two hundred
VOL U1.JE -:JJ1:p AGE' 165
-,
(200) feet, exclusive of the area
dedicated in (a) above, shall also be
required. This easement may be coin-
cidental with the maintenance easement
and may be located entirely on one side
of the dedicated creek or divided between
the two sides;
(3) Area within the flood plain when dedicated
or shown as easements shall confirm to
the city's plan for development and
shall be approved by the Director of
Public Works and Director of Parks.
Land which is in an easement or is
dedicated in accordance with these re-
quirements may be counted as open space
for computing density requirements and/or
for open space requirements of the City's
Zoning Ordinance.
6.12 No structure (temporary or permanent), fill, includ-
ing fill for roads and levees, deposit, obstruction,
storage of materials or equipment, or other uses
shall be permitted which, acting alone or in combina-
tion with existing or future uses unduly affects the
efficiency or the capacity of the floodway or unduly
increases flood heights. Consideration of the effects
of a proposed use shall be based on a reasonable
~
~ -~ ------~~-------~-~-- ---'--
1'-'1"'~', JIE
\ "'.:..,, , ',', -, '.." J /\ I
"'-"~"-;-"------. ___~_..-./,...'_.r"'.~
assumption that there will be an equal degree of
/'~
encroachment extending for a significant reach
on both sides of the stream.
6.2 FILL
6.21 Any fill proposed to be deposited in the floodway
must be shown to have some beneficial purpose and
the amount thereof not greater than is necessary
to achieve that purpose, as demonstrated by a plan
submitted by the owner showing the uses to which
the filled land will be put and the final dimensions
of the proposed fill or other materials.
6.22 Such fill or other materials shall be protected
against erosion by rip-rap, vegetative cover or
bulkheading.
6.3 '-...Structur~s (temporary or permanent)
6.31 Structures shall not be designed for human habita-
tion.
6.32 Structures shall have a low flood dama-e potential.
6.33 The structure or structures, if permitted, shall be
constructed and placed on the building site so as to
offer the minimum obstruction to the flow of flood
waters.
(1)
Whenever possible, structures shall be con-
structed with the longitudinal axis parallel to
--....\
the direction of flood flow, and
(2) So far as practicable, structures shall be
VOL UME ---r;r-
~PAGE-LQZ.
placed approximately on the same flood
flow lines as those of adjoining structures.
6.34 Structures shall be firmly anchored to prevent
floatation which may result in damage in other
structures, restriction of bridge openings and
other narrow sections of the stream or river~ and
6.35 Service facilities such as electrical and heating
equipment shall be constructed at or above the
regulatory flood protection elevation for the
particular area.
6.4 Storage of Materials and Equipment
6.41 The storage or processing of materials that are
buoyant, flammable, explosive or could be injurious
to human, animal or plant life in time of flooding
is prohibited.
6.42 Storage of other material or equipment may be allowed
if not subject to major damage by floods, firmly
anchored to prevent floatation, or shall be readily
removable from the area within the limited time
available after flood warning.
SECTION 7.0 SPECIAL EXCEPTION PERMITS
7.1 Application for any use listed in this Ordinance as re-
quiring a Special Exception Permit may be allowed only
upon application to the Zoning Administrator on forms
furnished by him and issuance of a Special Exception
Permit by the Board. Upon receipt of the application,
~
VOL U1;JE --:=. ~p AG-FJ--JiJl
the Administrator shall forthwith submit it to the
Board.
7.2 Procedure to be Followed by Board in Passing on Special
E~ception Permits
Upon receiving an application for a Special Exception
Permit involving the use of fill, construction of
structures, or storage of materials, the Board may,
prior to rendering a decision thereon:
(a) Require the applicant to submit, where applicable,
plans in triplicate drawn to scale showing the nature,
location, dimensions and elevation of the lot, exist-
ing or proposed structures, fill, storage of materials,
flood proofing measures and the relationship of the
above to the location of the channel and floodway
and the regulatory flood elevation.
(bI Transmit where necessary one copy of the information
described in subsection (a) to the municipal engineer
or other designated person or agency from which the
Board of Adjustment may request expert technical
assistance in evaluating the proposed project in
relation to flood heights and velocities, the
seriousness of flood damage to the use, the adequacy
of the plans for protection and other technical
matters.
(cl Require, where special circumstances necessitate
more detailed information, the applicant to furnish
VOLUME ,~PAGE /~t[
~
such of the following additional information as
is deemed necessary by the Board for the evaulation
of the effects of the proposed use upon flood flows
and other factors necessary to render a decision
on the suitability of the proposed use:
(1) A typical valley cross-section showing the
channel of the stream, elevation of land areas
adjoining each side of the channel, cross-
sectional areas to be occupied by the proposed
development, and high water information.
(2) Plan (surface view) showing elevations or
contours of the ground~ pertinent structure,
fill, or storage elevations~ size, location
and spatial arrangement of all proposed and
existing structures on the site~ location and
elevations of streets, water supply, sanitary
facilities, photographs showing existing land
uses and vegetation upstream and downstream,
soil types and other pertinent information.
(3) Profile showing the slope of the bottom of
the channel or flow line of the stream.
(4) Specifications for building construction and
materials, flood proofing, filling, dredging,
grading, channel improvement, storage of
materials, water supply, and sanitary facilities.
VOLm,:E~
. PAGE~
7.3 Factors Upon Which the Decision of the Board Shall Be
/"'"
Based;
In passing upon such applications, the Board shall
consider;
(a) The danger to life and property due to increased
flood heights or velocities caused by encroachments.
(bl The danger that materials may be swept on to other
lands or downstream to the injury of others.
Ccl The proposed water supply and sanitation systems
and the ability of these systems to prevent disease,
contamination and unsanitary conditions.
Cd)
The susceptability of the proposed facility and
/....
(
its contents to flood damage and the effect of
such damage on the individual owner.
(el The importance of the services provided by the
proposed facility to the community.
Cfl The requirements of the facility for a waterfront
location.
Cg) The availability of alternative locations not sub-
ject to flooding for the proposed use.
(hI The compatibility of the proposed use with existing
development and development anticipated in the
forseeable future.
(i) The relationship of the proposed use to the compre-
hensive plan and flood plain management program for
the area.
VOLUME fPAGE /11
(j) The safety of access to the property in times or
flood of for ordinary emergency vehicles.
(k) The expected heights, velocity, duration, rate of
rise and sediment transport of the flood waters
expected at the site.
(1) Such other factors which are relevant to the pur-
poses of this Ordinance.
7.4 Conditions Attached to Special Exception Permits
Upon consideration of the factors listed above and the
purposes of this Ordinance, the Board may attach such
conditions, to the granting of a Special Exception Permit
as it deems necessary to further the purposes of this
Ordinance. Among such conditions without limitation
because of specific enumeration may be included:
(a) Modification of waste disposal and water supply
facilities.
(b) Limitations on periods of use and operation.
ec} Imposition of operational controls, sureties and
deed restrictions.
(d) Requirements for construction of channel modifica-
tions, dikes, levees and other protective measures.
eel Flood proofing measures such as the following shall
be designed consistent with the flood protection
~
elevation for the particular area, flood velocities,
durations, rate of rise, hydrostatic and hydrodynamic
forces, and other factors associated with the
''-
VOL U1lE _...-r1I"' "P!~"" 4' I / ~
~,~.~\rJ.:J~
regulatory flood. The Board of Adjustment may
,~
require that the applicant submit a plan or document
certified by a registered professional engineer
that the flood proofing measures are consistent
with the regulatory flood protection elevation
and associated flood factors for the particular
area. The following flood proofing measures may
be required without limitation because of specific
enumeration:
(1) Anchorage to resist floatation and lateral
movement.
(2) Installation of watertight doors, bulkheads
and shutters.
(3) Reinforcement of walls to resist water pressures.
(4) Use of paints, membranes, or mortars to reduce
seepage of water through walls.
(5) Addition of mass or weight to structures to
resist floatation.
(6) Installation of pumps to lower water levels
in structures.
(7) Construction of water supply and waste treat-
ment systems so as to prevent the entrance of
flood waters.
(8) Pumping facilities for subsurface external
foundation wall and basement floor pressures.
(9) Construction to resist rupture or collapse
"~''':''T''''''''" .~
y ...~' ,~) ,.\;_~.r.,; . ' -
'~.,~~
caused by water pressure or floating debris.
(10) Cutoff valves on sewer lines or the elimina-
tion of gravity flow basement drains.
(11) Elevation of structures and uses to the regula-
tory flood protection elevation.
SECTION 8.0 DEFINITIONS
Unless specifically defined below, words or phrases used in this
Ordinance shall be interpreted so as to give them the same
meaning as they have in common usage and so as to give this
Ordinance its most reasonable application:
Easement - A right, either in the public generally on in
private entities or persons, to the use of a piece or
parcel of land for a special purpose, including the
location of utilities, storm drains or access, which right
may include the use of the surface, sub-surface and/or
the air space over such land.
Easement; Maintenance - An easement to provide for the
maintainability of the floodway.
Easement; Access, Watercourse and Parkway - An easement
for access to the floodplain and to provide for the con-
servation of waterways and greenways throughout the city.
Enaroachment Lines - Limits of obstruction to flood flows.
These lines are generally parallel to the stream. The
lines are established by assuming that the area landward
(outside) of the encroachment lines will be ultimately
developed in such a way that it will not be available to
VOLUME --;!!j: PAGE-1li..
convey flood flows. If hydraulic efficiency of the
floodway is maintained by protecting it against un-
necessary encroachments, it will be adequate to convey
the regulatory flood without resulting in an increase
in flood elevations which would cause damage to existing
or future development.
Equal Degree of Encroachment - A standard applied to the
evaluation of the effects of special exceptions on
increases in flood heights. It assumes that an encroach-
ment if permitted may confer on all property owners on
both sides of the stream an equal right to encroach to
the same degree within that reach. Since the factors
affecting hydraulic efficiency are usually not uniform
within a reach this will usually not result in equal
distances between encroachment lines and the sides of the
stream.
Flood - A temporary rise in stream flow or stage that
results in water overtopping its banks and inundating
areas adjacent to the channel.
Floodway - The channel of a stream and adjacent land
areas which are required to carry and discharge the flood
water or flood flows of any river or stream associated
with the regulatory flood.
~F-Iood Pla~n - That area outside the floodway which is
still subjectto inundation by the regulatory flood.
VOLill/fE f 'PAGE //S'
Flood Proofing - A combination of structural provisions,
changes, of adjustment to properties and structures
subject to flooding primarily for the reduction or
elimination of flood damages to properties, water and
sanitary facilities, structures, and contents of build-
ings in a flood hazard area.
Obstruction - Any dam, wall, wharf, embankment, levee,
dike, pile, abutment, projection, excavation, channel
rectification, bridge conduit, culvert, building, wire,
fence, rock gravel, refuse, fill, structure or matter
in, along, across, or projecting into any channel, water-
course, or regulatory flood hazard area which may impede,
retard, or change the direction of the flow of water,
either in itself or by catching or collecting debris
carried by such water, or that is placed where the flow
of water might carry the same downstream to the damage
of life or property.
Person - Any natural person, firm, partnership, association,
or corporation, but this definition does not include any
governmental unit.
Reach - A hydraulic engineering term to describe longi-
tudinal segments of a stream or river. A reach will
generally include the segment of the flood hazard area
where flood heights are primarily controlled by man-made
or natural obstructions or constructions. In an urban
area an example of a reach would be the segment of a
,\'nr Try,,", ~, - '1//
',_._U;Ji..~L.. ~,_i~_';"~-; f/~
--
stream or river between two consecutive bridge crossings.
--..,.
Regulatory Flood - The regulatory flood is a flood which
is representative of large floods known to have occurred
generally in the area and reasonably characteristic of
what can be expected to occur on a particular stream. The
regulatory flood generally has an average frequency in the
order of the IOO-year recurrence interval flood determined
from an analysis of floods on a particular st4eam and
other streams in the same general region.
Regulatory Flood Protection Elevation - The elevation to
which uses regulated by this Ordinance are required to be
elevated or flood proofed.
Structure - Anything constructed or erected, on the ground,
r-
or attached to the ground including, but without limiting
the generality of the foregoing: buildings, factories,
sheds, cabins, mobile homes, and other similar items.
:?,&v~ ~
PASSED AND APPROVED this d{J day of Gct.:~8r, 1973.
ATTEST:
':~d
Mayor
me
/'J2/Ur
....