Copperstone FS-CS 8904064P Jerry Parch% Consulting Engineers
April 6, 1989 ~/~
214/462-0022
RE: JP No. 88009~ Flood Plain Reclamation Stu~y~
West of Denton Tap Road~ Parks of Coppell~
Coppell, Texas
Dear Russell:
On February 21, 1989 our firm submitted three copies of a report
entitled Flood Plain Reclamation Study on Cottonwood Branch and
Denton Creek, Parks of Coppell, CoDDell, Texas to the City. This
report contained a description of proposed reclamation of flood
plain land in the Parks of Coppell on Cottonwood Branch and
Denton Creek west of Denton Tap Road. The report included
hydraulic models, exhibits, and channel cross sections as
documentation for our request to the City and to FEMA for a
Conditional Letter of Map Revision. We requested that the City
review the study and submit the study to FEMA with an endorsement
of the project.
I have received a letter from FEMA dated March 28, 1989 advising
me that they are currently reviewing our study to determine the
appropriate processing procedure. Thank you for expediting the
submittal of this study to FEMA so that they may begin their
review.
On March 31, 1989 you provided me with a list of comments from
Mr. Ron Morrison, P. E. of Kimley-Horn and Associates, Inc., who
reviewed our study for compliance with local requirements on
behalf of the City. A copy of Mr. Morrison's letter to you of
March 28, 1989 is enclosed. Our responses to Mr. Morrison's
comments are presented herein, however, I would first like to
present correspondence which established the basis for our
hydraulic analysis.
All seven comments listed in Mr. Morrison's letter refer to the
current City flood plain ordinance number 87390. In October,
1988, upon our submittal of a flood plain reclamation study to
permit filling in the flood plain for construction of Parkway
Boulevard extending west of Denton Tap Road and the High School
Access Road, you and I had a discussion and exchanged
correspondence regarding the "Grandfathered" status of the flood
plain property in the Parks of Coppell west of Denton Tap Road.
320 Westway Place, Suite 501 · Arlington, Texas 76018 · Metro (817) 467-2418 · (817) 465-0259
Mr. Russell Doyle, P.E. April 6, 1989
JP No. 88009 Page 2 of 4
More specifically, in your letter to me of October 7, 1988, a
copy of which is enclosed, you requested documentation regarding
the "Grandfathered" status of this property. A copy of my letter
prepared to you in response, dated October 14, 1988, is also
enclosed as is a copy of all enclosures attached to that letter.
As you are probably aware, my client, ABQ Development
Corporation, purchased the Parks of Coppell area west of Denton
Tap Road from Parks of Coppell Joint Venture (PCJV) in May, 1988.
Prior to the closing of that purchase, Mr. Mike Allen of PCJV
acquired, at the request of my client, the City requirements for
flood plain reclamation of unreclaimed portions of PCJV property.
In my response letter of October 14, 1988, I presented
information submitted to ABQ by PCJV which confirms that the PCJV
property west of Denton Tap Road is exempt from provisions of the
recently adopted Flood Plain Management Ordinance. Please see
the enclosed cody of Mr. Mike Allen's letter of April 14, 1988 to
Mr. Wayne Ginn.
Upon being notified of this in June, 1988, I prepared a letter to
Mr. Ginn dated June 8, 1988 requesting that he inform me of City
ordinances or regulations regarding the proposed flood plain
reclamation that will be applicable to this property. Please see
Item C on Page 2 of my letter of June 8, 1988.
In his response dated June 21, 1988, Mr. Ginn informed me that
flood plain reclamation in this area of the Parks of Coppell must
comply with requirements stated in City Ordinance No. 219. He
provided me a copy of this ordinance. We reviewed this ordinance
and prepared the reference study as well as our study previously
submitted in October, 1988, in accordance with the requirements
stated therein.
I am somewhat concerned over Mr. Morrison's letter and how his
comments may reflect on our firm. It appears that his review was
conducted without knowledge of the exempt status of this
property. By copy of this letter I would like to assure Mr.
Morrison that, prior to preparing this study, we endeavored to
determine all applicable regulations by which this study would be
evaluated and prepared our analysis and report accordingly.
Following are our responses to Mr. Morrison's comments as listed
in his letter to you of March 28, 1989.
Comments 1-5 refer to analysis of certain events or impacts
specifically required by Ordinance No. 87390. As directed by the
City, our study included hydraulic analysis that demonstrates
that the impacts of the proposed reclamation are in compliance
with requirements of Ordinance No. 219, as I have previously
stated herein.
Mr. Russell Doyle, P.E. April 6, 1989
JP No. 88009 Page 3 of 4
With specific regards to Comment No. 2, I agree that the minimum
floor level should be set at base flood elevation (100-year flood
level with existing development conditions) plus two feet. This
will result in an added factor of safety and minimum floor levels
will therefore exceed requirements stated in Ordinance No. 219.
Since projects upstream and downstream of the Parks of Coppell
area have already been developed, however, no further adjustments
in computed flood levels are anticipated.
In response to Comment No. 6, a letter is attached from the CorDs
of Engineers evidencing approved 404 Permit status of this
project.
In response to Comment No. 7, I will coordinate with you or your
staff to seal copies of the report previously submitted to you.
To the best of my knowledge, FEMA does not require an engineer's
seal on reports that are a part of Conditional Map Revision
request.
Finally, a general comment on page two in the last paragraph of
Mr. Morrison's letter indicates that our report should address
erosin, flood levels and other impacts for frequencies mentioned
in the March 28, 1989 correspondence. As stated in our report,
these impacts on Denton Creek are insignificant since in
downstream reaches, encroachments are in non-effective flow
areas. In upstream reaches where the north property line of the
Parks of Coppell lies in the creek, no flood plain encroachments
are proposed. Therefore conditions in Denton Creek during the
100-year flood and other frequencies are similar to current
conditions. Please refer to Table 3 on Page 10 of our report.
On Cottonwood Branch, bank protection is proposed in the vicinity
of the Parkway Boulevard bridge. In other reaches, no
alterations are proposed and velocities are very similar to
velocities in the existing channel. This is evidenced by
comparision of channel velocities given in the first profile of
the existing conditions model (See Page 19 - Model CEX3) and the
first profile of the proposed condition model (See Page 21-Model
CPR4).
I trust that the above will satisfactorily address the concerns
listed in Mr. Morrison's letter. If you concur that the results
of our study are in compliance with the requirements of the City
of Coppell, please provide a letter to FEMA endorsing our request
for a Conditional Letter of Map Revision for this project.
Mr. Russell Doyle, P.E. April 6, 1989
JP No. 88009 Page 4 of 4
If you have any questions, please call.
Sincerely,,%
JP:ch
Enclosures: Kimley-Horn Letter - 3/28/89
Letter from Corps of Engineers - 1/18/89
Letter from me to R. Doyle - 10/14/88
Letter from R. Doyle to me - 10/7/88
Letter from FEMA - 9/24/87
Letter from Ginn to me - 6/21/88
Letter from me to FEMA - 6/17/88
Letter from me to Carl Anderson - 6/17/88
Letter from me to Ginn - 6/8/88
Letter from W. Ginn, City Engineer - 5/25/88
Letter from FEMA to Ginn - 5/3/88
Letter from Univest - 4/14/88
Letter from M. Baker, Jr. Inc. - 11/8/82
Ordinance No. 219 - City of Coppell
cc: Mr. Ron Morrison, P.E./Kimley-Horn and Associates - w/encl.
Mr. Jay Chester, P.E./ABQ Development Corporation
r Kimley-Horn and-----Associates,-linC, 12660 Colt Road, Suite 200, Dallas, Texas · (214) 306-7007 -,
Raleigh. Charlotte, Nashville, Virginia Beach, Dallas, Phoenix,
West Palm Beach. Tampa, Orlando, Ft. Lauderdale. Veto Beach. Ft. Myers, Stuart
March 28, 1989
Mr. Russe/l~o~yle
City Enggneer
City of ATJoppell
732 De Forest
Coppell, Texas 75019
Re: Review of Floodplain Reclamation Study by
Jerry Parche' Consulting Engineer
Dear Mr. Doyle:
We have reviewed the subject study and we offer the following comments: (all references to articles
refer tO Coppell City Ordinance Number 87390)
1. Article 4C-2 requires that all models must evaluate discharges for the 2-year, 100-year
existing, 100-year ultimate and low flow conditions. The subject study only considered the
100-year existing conditions.
2. Article 4C-2(a) requires that the lowest floor of any proposed structure in the reclaimed area
be elevated higher than the base flood plus two feet and the 100 year ultimate condition flood
plus one foot. We suggest that this statement be included in the approval report sothat there
Is no confusion about future development.
3. Article 4C-2(b) requires that the existing and fully developed 100-year floodplain be
delineated. The subject report only delineated the existing 100-year.
4. Article 4C-2(c) requires that flood storage loss data be provided so that the City may evaluate
its ilnpact, this has not been provided in the subject report.
5. Article 4C-2(e) requires that Flood levels caused by the development plus any anticipated
future developments must be less than the 100-year ultimate flood level and the 1980 FIS base
flood elevation plus one foot. A table showing this comparison should be provided with the
report.
6. Article 4C-2(g) requires that evidence be submitted showing that appropriate permits have
been obtained or coordinated. Evidence of coordination for a Corps of Engineers Section 404
permit is required before this project can be submitted to FEMA.
7. Article 5B-1-2 requires that any report of this nature should be sealed by a Registered
Professional Engineer. To satisfy this requirement Mr. Parche' should seal the report.
Building client relationships since 1967
Mr. Russell Doyle
Page Two
March 28, 1989
In addition to the specific requirements above, the report should address any impacts of the proposed
reclamation such as erosion, flood levels, and other impacts not just for the 100-year existing
condition, but the other frequencies mentioned above. In preparation of any response, Mr. Parche'
should specifically address any differences between the existing condition model in this report and
the existing conditions model presented.
Let us know if you have any questions or comments.
Sincerely,
KIMLEcY-HORN AND ASSOCIATES, INC.
d W. Morrison, P.E.
dd
919101.rd
O DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT, CORPS OF ENGINEERS
P. O. BOX 17300
FORT WORTH. TEXAS 76102-O3OO
REPLY TO
,,~"rE.'r,o. o,: January 18, 1989
Operations Division
Office Operations Branch
SUBJECT: Project Number 8800361
Mr. Jerry Parche'
Jerry Parche' Consulting Engineers
320 Westway Place, Suite 501
Arlington, Texas 76018
Dear Mr. Parche':
Thank you for your letters of November 30, 1988 and January 10,
1989, concerning the proposed 109.7 acre Parks of Coppell project
located south of Denton Creek and west of Denton Tap Road within
Coppell, Dallas County, Texas. Your project has been assigned
Project Nt~ber 8800361; all future correspondence concerning your
project should include this number. Failure to reference the
project number on future correspondence will result in a delay.
Your project has been reviewed in accordance with Section 404
of the Clean Water Act Lmder which the U.S. Army Corps of Engineers
regulates the discharge of dredged and fill material into waters of
the United States including adjacent wetlands. Based on your
description of the proposed work and all information available to
us, we have determined that yo~ project will involve such
discharges and will require prior Department of the Army
authorization tmder Section 404 of the Clean Water Act.
A general permit applicable to yot~ project has been issued on
a nationwide basis for discharges into waters of the United States.
This nationwide permit authorizes discharges of dredged or fill
material into non-tidal rivers, streams, and their lakes and
impo~mdments, including adjacent wetlands, that are located above
the headwaters and other non-tidal waters of the United States,
including adjacent wetlands, that are not part of a surface
tributary system to interstate waters or navigable wa%ers of the
United States (i.e., isolated waters) provided the activity does
not cause the loss or substantial adverse modification of one or
more acres of waters of the United States. For disc}mrges which
will cause the loss or substantial adverse modification to one or
more acres of waters of the United States, wTitten Department of
the Army authorization will be required prior to initiation of
work.
RECEIVED
JAN 2 § 1989
Jer~ ~rche Con~#~l
The only requirement in the use of this permit is that the
person responsible for the pro3ect m~lst ensure that the work is in
compliance with the above stated specifications and the conditions,
and best management practices listed on the enclosure. Failure to
satisfy these conditions invalidates the authorization and may
result in a violation of the Clean Water Act.
the construction of an activity under this
Verification
for
nationwide permit is valid for a period of no more than two years
from the date of this letter, or a lesser time upon expiration of
the nationwide permit on a regional or national basis. Continued
confirmation that an activity complies with the terms and
conditions and any changes to the nationwide permit is the
responsibility of the permittee.
This permit should not be considered as an approval of the
design features of any activity authorized or an implication that
such construction is considered adequate for the purpose intended.
It does not authorize any damage to private property~ invasion of
private rights, or any infringement of federal, state, or local
laws or regulations.
Thank you for your interest in our nation's water resources.
If you have any additional questions concerning our regulatory
program, you may contact Mr. Victor Cole at the address above,
telephone (817) 334-4623.
Sincerely,
District Engineer
Enclosure
fl)pies furnished:
Mr. Rollin MacRae
Texas Parks and Wildlife Dept.
4200 Smith School Road
Austin, Texas 78744
Mr. David Curtis
U.S. Fish and Wildlife Service
Ecological Services
9A33 Fritz Lanham Building
819 Taylor St.
Fort Worth, Texas 76102
Mr. Jerry Saund~_rs
U.S. Envirorm~ntal Protection Agency
1445 Boss Avenue
Dallas, Texas 75202
NATION~ID~ PEI~4IT CONgITIONS FOH CEHTAIN &CTIVITI~S I~UIHIN~
Dli?~ OF lffil ~ AIJTROR.I.~tTION
The following special conditions ~mst be followed in order for the nation~ide
per, it(s) to be valid:
(1) That any discharge of dredged or fill ~aterial will not occur in the proximity
of a public water supply intake.
(2) That any discharge of dredged or fill ~aterial will not occur in areas of
concentrated shellfish production unless the discharge is directly related to a
shellfish harvesting activity.
(3) That the activity will not jeopardize a threatened or endangered species as
identified under the Endangered Species Act (ESA),or destroy or adversely ~odify the
critical habitat.of such species. In the case of Federal agencies, it is the
agencies' responsibility to co~ly with the requirements of the ESA. If the activity
~ay adversely affect any listed species or critical habitat, the District Engineer
~ust initiate Section 7 consultation in accordance with the ESA. In such cases, the
District Engineer amy: (i) initiate Section 7 consultation and then, upon
completion, authorize the activity under the nationwide per, it by adding, if
appropriate, activity specific conditions, or (ii) prior to or concurrent with
Section 7 consultation he amy recommend discretionary authority or use modification,
suspansion, or revocation procedures.
(4) That the activity shall not significantly disrupt the ~ove~ent of those species
of aquatic life indigenous to the ~aterbody (unless the priamry purpose of the fill
is to i~pound ~ater).
(5) ..That eny discharge of .dredged or fill '~aterial shall consist of suitable
amterial free fro~ toxic pollutants (see Section 307 of the. Clean Water Act) in toxic
a~ounts o
(6) That any structure or fill authorized.shall be properly maintained.
(7)' That the activity will not occur in a component of the National Wild and Scenic
River Syste~; nor in a river officially designated by Congress as a "study river" for
possible inclusion in the syste~, while the river is in an official study status.
(8) That the activity shall not cause an unacceptable interference with navigation.
(9) That, if the activity amy adversely affect historic properties which the
National Park Service has listed on, or determined eligible for listing on, the
National Register of Historic Places~ the permittee will notify the 9istrict
~ngineer. If the District Engineer determines that such historic properties may be
adversely affected, he will provide the Advisory Council on Historic Preservation an
opportunity to coa~nt on the effects on such historic properties or he will consider
~odification, suspension, or'revocation. Furthermore, that, if the per~ittee before
or during prosecution of the ~ork authorized, encounters a historic property that has
not been listed or determined eligible for listing on the National Register, but
which amy be eligible for listing in the National Register, he shall immediately
notify the District Engineer.
(10) That the construction or operation of the activity will not ispair reserved
tribal rights, including, but not limited to,, reserved ~ater rights and treaty
fishing and hunting rights.
(11) That in certain states, an individual state ~ater quality certification must be
obtained or ~ived.
!
(12) That in certain state~, an individual state coastal zone ~na~ement consistency
concurrence must be obtained or waived.
(13) That the activity will co~ply with 'regional conditions which may have been
added by the Division Engineer.
(14) That the management practices listed below shall be followed to the maximum
extant practicsble.
MANAbq~flH~T PRACTICES
In addition to the cond~tionn specified in the nationwide permit, the following
nan~e~ent ptmctic~ almll be follmeed, to the smxinun extent practicable, in order
to minimize the adverse effects of the~e discharges on the aquatic environment.
Failure to comply with these practice~ m~y be cause for the District Engineer to
r~d, or the Division Engineer to take, discretionar~ authority to regulate the
activity on an individual basin or regional basin.
(1) Discharged or dredged or fill material into waters of the United States shall be
avoided or ~in~,nized through the use of other practical alternatives.
(2) Discharges in spawning arena durin~ spawning senaons shell be avoided.
(3) Dis~-hn~ges shell not restrict or impede the movement off aquatic species
indigenoum to the w~ters or the passage of normal or expected high flows or cause the
relocation of the ~ater (unles~ the prfnary purpose of the fill is to impound
waters).
(4) If the discharge creates an impoundment of water, adverse' impacts on the aquatic
syste~ caused by the accelerated passage of water and/or the restriction of its flow
shell be minimized.
(5) Dis~-h-rge in wetlands areas shall be avoided.
(6) Heavy equipment working in wetlands shall be placed on mats.
(7) Dischn~Kes into br~--d-{n¢ ~=~ f,~r e.4..,~'a~..o-,~, w~..te.~owl shell be. avoided.
(8) All tenpo~ fills shall be removed in their entirety.
~ INFO~L~TION
(1) District Engineers are authorized to determine if an activity complies with the
ternm and conditions of a natiomeide permit unless that decision must be mede by the
Division Engineer.
(2) Nationwide permits do not obviate the need to obtain other Federal, state or
local authorizations required by law.
(3) ~ationwide permits do not ~rant any property rights or exclusive privileges.
(4) Nationwide permits do not authorize any injur~ to the property or rights of
others.
(5) Nationwide permits do not authorize interference with any existing or proposed
Federal project.
:' dP Jerry Parch Consulting Engineers
October 14, 1988
Mr. Russell Doyle, P.E.
City Engineer
City of Coppell
P 0 Box 478
Coppell, Texas 75019
214/462-0022
RE: JP No. 88009~ Flood Plain Reclamation Study;
Parks of Coppell; Coppell, Texas
Dear Russell:
On Friday, October 7, 1988 we provided two copies of a study
entitled "Flood Plain Reclamation Study on Cottonwood Branch and
Denton Creek for Construction of Parkway Boulevard end High
School Access Road" to the City. Pursuant to our conversation on
Wednesday and your letter of October 7, 1988, enclosed herewith
is the following additional information that you requested.
1. Another copy of the aforementioned study including
Exhibits A and B.
2. Three copies of the creek cross sections as included in
our original submittal that were utilized in the
hydraulic analysis.
3. Three separate copies each of Exhibits A and B as
included in the folder in the back of the study.
In your letter of October 7, 1988, you state that the referenced
study will be submitted to FEMA on Monday (i.e. October 10,
1988). I inferred from your statements in the first two
paragraphs that in the interests of expediting the project, the
study was submitted to FEMA with no prior City review.
Also in your letter you emphasize in the first two paragraphs
that you have assumed that our study complies with all ordinances
and requirements. I call assure you that as engineers for the
project our primary concern is to provide a safe design that
complies with all City, State and Federal requirements.
Following is a brief history of our efforts to understand the
City requirements regarding flood plain reclamation in the Parks
of Coppell west of Denton Tap Road since our firm was engaged by
ABQ Development Corporation to provide engineering services on
this project. In addition, in response to your request to submit
all information to you regarding the "Grandfathered" status of
6001 ~/. Interstate 20, Suite 209, L8 32 · ^rlington, Texas 76016 · Metro (817) 572-3458 · (817) 561-2108
Mr. Russell Doyle, P.E. October 14, 1988
JP No. 88009 Page 2 of 4
the Parks of Coppell west of Denton Tap Road, the following
documentation is attached for your files and will be referenced
in the following discussions.
1. Letter dated May 25, 1988 from Mr. H. Wayne Ginn, P.E.,
City Engineer of Coppell to Mr. Mike Allen of Univest
Development Company with the following attachments:
a. Letter dated April 4, 1988 from Hr. Allen to Hr.
Ginn.
b. Letter dated November 8, 1982 from Michael Baker,
Jr., Inc. to Mayor Andrew Brown, Jr.
c. Letter dated September 24, 1987 from FEMA to Mayor
Lou Duggan.
d. Letter dated May 3, 1988 from FEMA to Mr. Ginn.
2. A copy of a letter I ~ent to Mr. Ginn dated June 8,
1988.
3. A copy of a letter I sent to Ms. Maryetta Cunningham of
FEMA dated June 17, 1988.
4. A copy of a letter I sent to Mr. Carl Anderson, P.E.,
former flood plain engineer for the City of Coppe11,
dated June 17, 1988.
5. A copy of Mr. Ginn's response letter to my June 8, 1988
letter, dated June 21, 1988 with the following
attachment:
a. Ordinance No. 219 of the City of Coppe11,
effective June 24, 1980.
On June 3, 1988 Mr. Jay Chester of ABQ and I met with Mr. Allen
who provided us with the documentation listed under Item No. 1
above stating that the PCJV property is exempted from the
provisions of the recently adopted Flood Plain Management
Ordinance. It is my understanding that Hr. Ginn's letter of May
25, 1988 (Item No. 1) and his signature at the bottom of Mr.
Allen's letter of April 14, 1988, (Item No. l-a) confirm this
exemption.
Having been advised that the Parks of Coppe11 Property had been
~xempted from the October 1, 1987 Flood Plain Management
Ordinance, I sent a letter to Mr. Ginn dated June 8, 1988 (Item
Mr. Russell Doyle, P.E. October 14, 1988
JP No. 88009 Page 3 of 4
No. 2) and requested that he provide me a letter stating the
criteria under which the proposed reclamation project will be
evaluated by the City.
In the meantime, I requested the current effective flood plain
models of Denton Creek and Cottonwood Branch through the Parks of
Coppell west of Denton Tap Road from,FEHA (Item No. 3). For
reference purposes, I also requested copies of available flood
plain models prepared by Mr. Carl Anderson of the City of Coppell
in my letter to him of June 17, 1988 (Item No. 4). However, I
understand that Hr. Anderson's models are not currently
recoganized as effective base flood models by FEHA.
I obtained Mr. Anderson's flood plain models in a meeting with
him on June 22, 1988. Hr. Anderson prepared an extensive study
of the City's flood plains including modelling of channel
improvements, determination of peak flood discharges for multiple
frequency events and determination of the lO0-year flood plain
with existing channel conditions. His studies did not include
floodway computations or floodway modelling however, to the best
of my knowledge.
Mr. Ginn provided me a letter dated June 21, 1988, (Item No. 5),
responding to my request for direction on preparing the flood
plain reclamation study. Since I had previously advised a staff
member of Ginn's office that I had already contacted FEHA, the
Corps of Engineers, Hr. Anderson, and several engineering firms
with projects in this area, for flood plain data, he felt it best
that I obtain computer models of the flood plain from these
sources.
Regarding the criteria or ordinances that will be applied to
evaluate our flood plain reclamation study by the City of
Coppe11, Mr. Ginn provided me a copy of the City of Coppell
Ordinance No. 219 (Item No. 5-a}. Section 5.3 of this ordinance
is in accordance with FEMA regulations as stated in the National
Flood Insurance Program and Related Requlations, Part 60,
Subpart A, § 60.3. To my knowledge, other areas in the Parks of
Coppell and in the Villages of Cottonwood Creek were reclaimed in
compliance with this regulation. Our study has been prepared in
compliance with the provisions of Ordinance No. 219, and Section
5.3 of this ordinance in particular, as directed by Hr. Ginn.
In addition to the correspondance and discussions described
above, I have had numerous meetings with other engineers who have
prepared studies for projects in this area including Vista Ridge,
Century Park, Parks of Coppe11, and Villages of Cottonwood Creek,
as well as with Hr. Anderson on a study he prepared for some
proposed grading work in the City Park. .Dewberry and Davis could
not provide us current comprehensive effective hydraulic models
Mr. Russell Doyle, P.E. October 14, 1988
JP No. 88009 Page 4 of 4
of Denton Creek and Cottonwood Branch due to the various states
of review and approval of the many recent projects in this area.
As I discussed with Mr. Chris Ulsch of Dewberry and Davis, we
have prepared flood plain models of Denton Creek and Cottonwood
Branch based on our compilation of the existing computer models
prepared for the individual projects that have now been completed
in this area.
I trust that the information and attachments presented herein
have satisfied your request for "grandfathered" documentation and
have provided you additional information to evaluate our study.
We appreciate your continued cooperation in asisting us in
obtaining necessary City approvals and a Conditional Letter of
Map Revision from FEMA.
If you need any further information or would like for me to meet
with you and discuss these matters, please call.
Sincerel¥,~
~err¥ ~arche'o JP:ch
cc: Mr. Jay Chester, P.E./ABQ Development Corporation
Mr. Wayne Ginn, P.E./Ginn, Inc.
October 7, 1988
Mr. Jerry Parche
Parche Consulting Engineers
6001W. Interstate 20
Suite #209, LB 32
Arlington, Texas 76016
RE: Floodplain Reclamation Study/Parkway Boulevard
Dear Mr. Parche:
I am in receipt of subject submittal, which we will hand carry to
F.E.M.A. on Monday. I am operating on the assumption that the design
submitted is in compliance with all current ordinances, rules and
regulations of the City of Coppell, includinq the Floodplain
Ordinance.
In the interest of expediting the project, I am passing your
submittal onto F.E.M.A., trusting that you have complied with all
requirements.
In the meantime, please submit three (3) sets of plans and drawings
to this office so that we can review the development that your
reclamation report represents. We will have the key members of the
DRC review those and, if necessary, will ask for a meeting to discuss
this matter. (It does appear that you omitted sealing your study}.
As discussed in detail with you on Tuesday with the DRC, all
"grandfathered" documentation shall be submitted to me for
consideration of complying with that commitment. Your cooperation
and continued assistance in this matter is greatly appreciated.
Thank you.
Sincer%L~,
/.-' .'~ |'x:: .... Ll'Vi"i3
/-~ussetl R. Doyle~/P.E.
/C i ty Eng inee r le,,y ~arche Co,$,,llinE ["~¢'-
RRD! 1 sg
xc: Alan Ratliff, City Manager Wayne Ginn, Ginn, Inc.
Steve Goram, Director of Public Works
Shohre Daneshmand, Civil Engineer
Taryon Bowman, P&Z Coordinator
Jay Chester, ABQ Development
003
Federal Emergency Management Agency
Washington, D.C. 20472
SEP 2 ,l Ic 3'/ ,.
' I C~s~ltyt City of Coppll,
~o ~nor~le ~u Duggen ~n~n
Hayer of ~e City of Cop~ll i ~xao
P.O. ~x 478 ~p Panel H~er, 480170 0~S C
Cop~11, ~ao 75019 ~fective ~ of
thio Revisions Septe~r 24, 198
~lr ~lyor
~lo is In reference ~ a letter dmt~ ~c~er J0, ~986~ 8~ te~nicel des
o~ltt~ by ~. Shohro ~nes~a~, Ctty Civil ~gineer for ~e City of
Cop~ll~ r~erdl~ ~e Fl~ ~no~mnce Stay (FXS) for yo~ ~m~lty. In her
letter, ~. ~neo~a~ r~st~ ~at ~e F~orel be~en~ ~nageuent ~en~
(F~) issue a ~tter of Nap ~e~Mnt (~) ~ lneor~ra~ ~plet~ ~ennol
8~ fl~plain ~lficetAo~ alo~ ~n~n CreW. ~e sree ~ coneern for
r~ueat e~te~s rrm ~nton Tap Ro~ to ~ Forest R~. M1 necessary
to pr~eso ~Lo r~Mot wre received u of J~e 29, ~987.
It s~uld ~ not~ ~8t a ~ is looMd only ~ r~ve ~e 8~ciel
Hazard ~ea (S~) designation, o~ on ~e effective FI~ Instance
Hep (FI~), rrm in area ~cupl~ by 8 ~rticuler s~uoture if It ~o Me
existi~ ~so (lO.year) FI~ ~evetion (BEE). bemuse ~io r~Mot Lo
on · cmplet~ che~el ~lfication, ~lch results in 8 r~uction In ~e
e~ ~e I0~ s~ S0~year fl~plein delineetio~ alo~ · ~rtion of ~n~n
Craak, a btter of ~p Revision (L~) ~ ~e FIS, FI~, e~ FI~ ~dery
a~ fl~vay ~p (FB~) Lo ~l~ issued in ll~ of a L~. A ~ 18 ne~
to revise ~e BFBa ~ 10~ a~ S0~year fl~plain delLneat/~ alo~ ~n~n
Cre~ ho~ on ~a~eo in ~e hydraulic ~rmeters uo~ An ~e egret/ye FIB,
rl~, a~ r~ for your
Ue have revie~ ~e o~itt~ da~ ~at wre prepar~ by ~re~gill-~ey
Ao~ciates, ~ich included ~e foll~L~, H~-2 h~raulio ~eXi~ of ~e-
a~ ~ot~ha~el ~AfAcat~on co~iti~ae, dat~ J~e 29, 1987~ a~ ~aphLc
mapp/~, dat~ Septet 12, 1986, repreoentA~ ~e ~s~ ~eo ~ ~e
FIS, FI~, I~ FBi. ~o~ on ~ese ~ta ~e Bm ~ 10~year fl~vay
elevatioM, a~ ~e ~0~year (Zone A3) a~ S0~year (~ne B) fl~plaiM alo~
briton Cre~ have ~en revis~ for a die.rice of ap~ma~ly 1.6 miles
do~e~ of ~n~n Tap Ro~. ~lo ~ ue~o rl~ a~ r~ nu~er 480170,
~nel 000S a~ ~e FIS text, all of ~ich are ~t~ r~ary 15, 1984. ~eoe
cha~es are o~ on ~e encl~ fl~ profile sheeto~ a~otat~ rZS tut
T~b 2, entitled 'rl~vay Dalai I~°t8~ ~rtion of rz~ ~nel o00s c~
a~ a~otat~ ~rtion of FBFH ~nel 00q5. Please note ~at ~e 1~o~
of ~e ~nton ~eek cr~o oectio~ B a~ C have ~en revio~, as o~ ~
the encl~es.
Andbrson Engineers, Inc., is currently restudying several streams Within the
City of Coppell, including Denton Creek~ the analyses for the restudied
streams are to be submitted to FEHA jy your con·unity for our review. The
analyses will then be used as the basis for a revision to Coppell'a FIS, FIB#,
· nd FBFH. This LONR will be superseded by the revised FIS, FIRS, and FBFH
based on tho Anderson engineers analyses.
Public notification of this LO~R will be given in The Citizens Advocate on or
· bout October 9, 1987, end October 16, 1987. A copy of thio notification is
enclosed. In addition, notice of changes will be publiehad in the eederel
Register. M· encourage you to supplement this notification by preparing an
article for publication in the community newspaper. This article should
describe the changes that have been Bade and what assistance the community can
give in providing daLa and interpreting the naps.
It should be noted that Hational Flood Insurance Program regulation 44 CFR
60.3(b)(7) requires coumunltles to "assure that the flood carrying cap·city
within the altered or relocated portion of any watercourse is maintained."
This provision is incorporated Into your eommuAlty0s existing floodplain
m·nageBant requlations~ consequently, responsibility for maintenance of the
modified charm, el rests with your community.
Th· revisad BFEo ·re effective as of the date of this l·tter~ however, within
90 days of the second publication in The Citizens Adv. ocat·, a citisen Bay
request that FBqA reconsider the deteruinatIon Bade by this LO#R. Any request
for reconaM·ration must be based on scientific or technical data. &LA
interested parties are on notice that until the 90-day period elapses,
deteruination to modify the aFzs presented in this LO~R Bay lUelf be modified.
Since this '-OAR Will not be printed end distributed to users such as insurance
agents and lenders, the community will serve aa a repository for the nay data.
Me encourage you to disseminate Widely .throughout the couaunlty the Inforua-
ties refl·oted by this LOan in order ~at infatuated persons Bay offer new
lnforuation or c~mBants.
The detsruination Bade in this LO#R has been Bade pursuant to Section 206 of
the Flood Disaster Protection Act o! 1973 (P.L. 03-234) and ~o ~n accordance
with the #at~onal Flood Insurance Act or 1960, as amended (Title XXXX of the
Housing and Urban Development Act of 1968, P.L. 90-448), 4] U.O.C. 4001-4128,
· nd 44 CFR Part 65. Aa required by this legislation, · community must adopt
and enforce floodplain management regul~tions in order to ensure continued
eligibility to participate in the National Flood Xnsurenco Program. Therefore,
the City of Coppell must enforce these kogulations using, at a minimum, the
elevations and zone designations in the SFHAe aa shown on your conmunityos
FXR~, including the uodifications Bade by this
The map ag listed above and as amended by this letter will be used for
flood insurance policies and renewals issued for your commuAlty.
UNIVEST DEVELOPMENT COMPANY
April 14, 1988
Mr. ~ayne Ginn
Ginn, Incorporated
17103 Preston Road, Suite 100
lock Box 118
Dallas, Texas 75248
Re: City of CoPDe11 ("City") Requirements for
Floodplain l{eclamation - Parks of Coppell
Dear Wayne:
The Parks of Coppell Joint Venture II (#PCJV"), the owner of the Parks of
Coppell property, is currently negotiating a contract of sale on a portion
of its land. The potential purchaser ("Purchaser") has requested certain
assurances regarding the City ' s interpretation of its recently adopted
Flood Plain Hanage~ent Ordinance (the "Ordinance") as it relates to the
modifications of the Floodway Boundary and Flood~y Map (the "Flood~y
Map" ) which were preliminarily approved Dy the Federal Emergency
Management Agency ("FEMA") by letter to the City from Michael Baker, Jr.,
Inc., consultant to FEMA, on November 8, 1982, t .ogether with attachments
thereto, (the "Preliminary Approval Letter") copies of which have been
supplied to your office. A copy of the cover transmittal letter of the
Preliminary Approval Letter is attached hereto.
As ~ have explained to you, the Preliminary Approval Letter was issued by
FF~ on the entire Parks of Coppell project, both east and west of Denton
Tap Road. Based upon the Preliminary Approval Letter, the majority of the
flood fringe land in the Parks of Coppell which lies east of Denton Tap
has been filled and reclaimed over the last 4 1/2 years in c~mpliance with
the Preliminary Approval Letter and, on September 24, 1987, FEMA issued
its Letter of Map Amendment removing the reclaimed areas from the flood
plain (c~ver letter enclosed), thus recognizing the ¢~-,pletion of work
contemplated by the Preliminary Approval [~tter. As to those .parts of
RJJV land which have not yet been reclaimed which lie west of Denton Tap,
the f]ood~y boundaries approved in the Preliminary Approval Letter and
accc~panying Floodway Hap are identical to the flood~y boundaries sho~n
on the later February, 1984 FEMA map and the current September, 1987 ~
map.
12770 COlT RD. · SUITE 1215. DALLAS, TEXAS 75251 · 214/233-5771
Mr. Wayne Ginn
April 14, 1988
Page Two
Based ~n the preceding information and in order for PCJV and the PUrchaser
to be correctly informed of the City's requirements for those still
unreclaimed portions of the PCJV property, we request that you, as City
Engineer and as City Floodplain Administrator, confirm that the City
reco~m~ izes that the issuance of the Preliminary Approval fetter, as later
confirmed by F~MA's issuance of final map revisions on February 15, 1984,
established the base flood elevations and required flood~y encroachment
limits for the PCOV property; and that these existing FF~4A approvals
exempt the PCJV property frcm the provisions of the Ordinance pursuant to
Section A of Article 3 of the Ordinance so long. as the reclamation work is
performed in compliance wi th the Preliminarw Approval Letter. It is
understood, however, that (1) proposed work which materially deviates frc~
the Preliminary Approval Letter is not exempted frc~ the Ordinance, and
(2) any proposed work must comply with all requirements present or future
of FEMA.
If you are in agreement with the contents of this letter, please confirm
the City's agreement by executinG, this letter in the space provided below.
Yours very truly,
PARF.g OF COPPELL JOINT VFArlg3RE II
A(~EED AND CONFIRMED:
GINN, INCORPORATED
By.. Wayne ~
~/sjp
Enclosures
MICHAEL BAKER, JR., INC.
ENGINEERS AND SURVEYORS
BOX
.,1753 ' Z7S7 NORTH FOURTH STREET
HAIIRISIURG(, PENNSYL,.VANIA I 71 OB
CERTIFIED HAiL
RETUR# RECEIPT REQUESTED I 7t
~ovember 8, lg82
Honorable Andrev Brown, Jr.
Mayor, Ctty of Coppeil
P. O. Box 478
Coppe11, TX 75019
Dear Hayor Brovm:
As consultants to the Federal Emergency Hanagement Agency and tn response
to a letter dated dune 28, lg82 fram Mr. dames R. Eltum, [[!, former City
Administrator, regarding flood boundary adjustments tn the canmunlty, we have
evaluated Lhe technical data and completed modifications to tM FlocKI In-
surance Rate Hap (FIRM), Flood Boundary and Floodway Hap (FBI:H), .and Flood
Insurance Study (FIS). b/e are sending you two (2) copies of the preliminary,
modlfted FIP~I, FBFM, and FIS for your community, ge request tMt you revtew
the proposed modifications.
If you have any coments on the pr.o.posed modl.f.Jcatto.ns th. at mtgh.? Justify
modifying our results, please use one (1) copy of the enclosea maps
tdenttfy the area of concern and return tt to us wJthtn t~enty-one (21) calender
days fram the date of thts letter. If you should ftnd no confllct with the
maps, please return one copy of each map with a letter stating you have reviewed
the accompanying material.
If you have any questions concernt~ng the engineering aspects of the maps,
please contact Hr. Ernest Lepore of this office toll free at (800) 233-0556.
Sincerely,
HIC~EL BAKER, JR., INC.
gerner g. Mtller - '~'~
Project Manager
· - Eric losures
cc: FEMA Denton Regton. I Offtce,- ~)~v.. '.-,0,
Hr. R. I)el I Greet (via)
RECEIv"
JUN 2 3 198
ORDINANCE NO. ~ Jefff Plrcl~ C~s.llinl
AN O]{DINANCE OF TI{E CITY Of COPPELI,, TEXAS, PHOVIDIN~
DEFINITIONS; PI~OVIDING A PENALTY OF FINE NOT TO EXCEED TWO UUNDHED
DOLLAHS ($200.00] FOR EACH OFFENSE; PUOVIDING FOB A DEVELOPMENT PERMIT
IN A SPECIAL FI,OOD HAZARD AREA; DESIGNATING A I,OCAL ADMINISTRATOR:
I'EOVIDIN~ A VAPlANCE PI~OCEDURE; P~OVIDING AN APPEAL HOARD AND ITS
POWERS; I'HOVIDING STANDARDS FOR SPECIAl, FLOOD HAZAPD AREAS;
REGULATING FLOODWAYS; ADOPTING A FLOOD INSH~ANCE STUDY WITH
A3~ACIIMEN~; AND PHOVIDING AN EFFEC~VE DATE.
BE IT ORDA1NET~ ~Y q'lIE CT~v ~UN~IL OF TIlE ~{TY OF ~Oi)PEI,!,:
SEC'HO~ 1.] STATUTORY AUTHORIZATION.
Thc 1,,~islnttl~e of the Slnle of '['exns hn~ in Articles 1175 nn~
Section 16.311 et. SeQ. dele~nlerl the responsibilil? lo ]oc.l ~ovePnmentn] units to
promote the pLd)lie he.lth, sorely .nd general welfare of its citizenry. Therefore, the
City Council or the City of Coppell, Texas, has enneted this ~Oinnnce to establish
s~eh reg.lations.
SECTION 1.2 FINDINGS OF FACT.
1) The flood hazard areas of the City are subieet ~o periodic immdntion
results in loss of life nmi properly, he~zltb nnd safety hazards, disruption of commerce
nnd governmeotal services, extraordi.ary public expenditures far ~ood protection
relief, nnd imp~irment or the t.x base, all of which adversely affect the o~hlic health,
safety nod Fenernl welfare.
2) These fl~r~ losses nrc ca~sed by the eumtflntive effo~t of obstr~etlnns
nrens of speeinl flood hnznr(Is wt,i(,tl inorense flood heights nnd veloelties, nne
inodequntely 8nehored~ (tnmn~e uses ip other nress. Uses tlmt nre
floodproofed, elcw~ted or otl~orm, ise proleeIe~ from flood ~amn~e nlso
tl,e fl~d )~s.
SECTION 1.3 STATEMENT OF PUIIPOSE.
It is the purpose of this ordinance to promote the ptlblie health, safety and
general *welfare, and to minimize pt~blie nnd private losses ~e to flood conditions in
specific areas by provisions desiR'ned:
1) To protect h~man life and health;
To minimize expenditnre of pt~blic mone.v for costly flood control p~o.ieets~
3) To minimize the need for rescue and relief efforts associated with ~dinF
and Eene~ally t~ndert~ken nt the expense of the Fene.nl
4) To minimize p~olonEed business inte~r~ptions~ -
5) To minimize damnEe to put)lie facilities and ntilities sneh
mains~ electriC, teIephone nnd scwe~ lines, streets and bri~es ]ocnte~ in n~ens of
special ~ood ~znrd;
6) To help maintain a stable tax base by p~ovidin~ fo~ the seeon~ use and
deve}opmenl of n~eas of special flood haza.~ so n~ to minimize ftRn~e ~ood blight
7) To insure that potential ht~yers nrc notified that p~ope~tF is in nn n~ea of
special flood hn~nrd; nnd~
8) To ensure that those who o~eupy tim n~ens of ~peeinl fl~ hazn~ nsm~m~
~esponsibilitF fo~ thei~ actions.
SECTION 1.4 METIIODS OF REDUCING Fi,noD LOSSES.
In o~der to accomplish its pt~p~es~ this ordinance inelt~es methods ~nd
p~ovisions
1) ~estHetin~ o~ p,ohibiting uses which a~e ~nEerm~s"to health, safety, sad
p~operty due to wate~ o~ e~osion hazard, o~ which result in damn~n~
erosion o~ in fi~d heights or velocities=
2) Reouiring that rises ~lnerahle to R~ds~ inetudin~ facilities ~hieh serve
such ttses~ be protected aFain~t, flood ~amn~e at the time of initial construction;
3) Controlling the alteration of natnral ~d pIain~, stream channels nnd
natural p.otective harriers, which help accommodate o~ ehnn~eI ~ood wate.~;
4) Controlling;, filling, t,-radin~, dredgin~ or other developmenl which may
increase flood damnp'e; and
~) Preventing; or* reLrtllnting the ~onstrtlction of fl~t~ bnrriers
tmnatural]y divert flood wnte~ or which may increase flood hazards in other ~ren~.
SECTION 2.0 Unl~s specifically defined below, wor~ ~ phrases used in this
ordinnnee shall be interpreted so ns to give them the meaning they have in common
I~sn~e and to g;ive this ordinnnee its most reasonable ~pplieatlon.
"Appeal'~ me,ns n reqt~est for a review of the interpretation of an~ provision
of this ordinance or a reqnest for R variance.
~Area of shallow flooding'~ me0ns a desi~nnted A0 ~,one on the Flood ]nsurnnee
l?~te Map (FIRM). The bflse fl~d depths range from one to three feet~ ~ el~ar1~
defined channel does not exist; the path of ~ooding is unpredictable and indeterminate:
and, vel~itg flow m~ be evident.
'~Aren of special fl~d hazard' matins t~e land in the fl~d plain within
eomtnnnitg s~d~jeet to a one percent or ~renler chance of floodin~ in nr~ given
"llase fl~d" means the ~d havln~ n one percent chance of heinff eq~mlled
or exceeded in an~ ~iven
~Development' menns nn~ ~nn-mnde change to improved or nnimproved real
estate, including but not limited to buildin~ or other strl~etures, mininE, dredging,
filling, ~ading, paving, excavation or ~illin~ operntions lnentea within the area of
special ~ood hazard.
~Existin~ mobile ~me park or mobile home s~bdivision~, means a ~reel
eontiguo~s parcels) of land (qvidec~ into two or more mobile home 1nfs foe rent or sale
for which the ~nstr~etion of f~(:ilities for servieioff lhe 1at on wh~eb the mobile home
is to be affixed (inel~din~, nt ~ minim~m, tl~e installation of i~tillties, either flnnl s~te
~ndin~ or the ~riog of ~nerete pad~ and the eonstr~etion or ~treets~ is ~mpleted
before th~ ~ffeetive date of thi~
"ExpnnsJnn to an existinl~ mobile home park or mobile home s~lhdivision" menns
the p~epnration of additional sites hy the eonstrtmtion or fncilit;es .tot servin~ the lots
on which the mobile homes nrc to he affixed (ineh~din~ the instnllntin~ or tltilities,
either fi~l site grndin~ or pot~rinff of rnnerete or the eonstrtletion of street~).
"FI~ or "fl~din~" menns a Eenernl and tempor~r~ ~ndltion of pa~tint or
complete inundation o~ normally ~y ]and areas From=
]) The overl'low or Jnlnnd o~ tidal waters
2) The unt~sunl and rnpid ~ceumu]ntion or runoff o[.su~fnee waters from nnv
sotlr~e.
"Fl~d Insurance Rnt~ Map" (FIRM} menns tim orriei~l map on which the
Insurance Administration h~s delineated both the areas of special floo~ bn~erd~
the risk premium zones applicable to the eomm~mity.
"Floo~ lnsllrnnce ~t~dy" menp~ the o~ri~ial ~eport p,ovi~e~ in wl~eh tl~e
In~t~rnnee A~ministrntion h~ provided ~l~d profile~, ~ well n~ Ihe FI~
Floodv,n~, ~np n~ the water ~t~fnce ~levntion of the b~se ~ood.
"F1~dwny" menn~ the ~hannel .o~ n river or other ~,Rter~ollrRe nP~ the n~in~enf
lend areas that mtmt I~e reserved ~n or,er to di~h~rffe tim h~e ~nn~
cumulatively inereasin~ the water s~trfeee more thm~ one fi) to~t.
"ltabitab]e floor" means nny ~loor usable for livinff purp~e~ whleh
workinff, sleepinE~ eatinff, eooki~ or ~e~rention, or n ~omhinntiop thereof. A floor
nsed only for storage pnrposes is not a "hebit~ble floor."
"Mobile home" means D structure that is transportable in one or more sections,
bu;lt on a permnnent chassis, and de~iffped to be treed with or withot~t a pc.torment
foundation when connected to the req~ired utilities. It ~es not include recreational
vehiele~ or travel trniiers.
"New ~nstrtl~tJoP" menns strn~tt~res for which the "start o~' eon~trlletJon"
~ommen~e~ on or ~fter the effective ~ate or this ordinnn~e.
"New mobile home pn~k ~ mobile ~me subdivision" menn~ ~ parcel
(~ontiffuou~ pnreel~) or Inn~ divided into lwo or more mobile ho~e Iot~ [or rent
sale for ~,hieh the ~nstrnetion of facilities for servleinff the lot (i~clt~in~ et a
minimum, the insta}lntion of utilities, either final site ~r~in~ or the Dm~rinff of concrete
p~d~, Rn~ the ~n~trttction of strerts) is completed on or after the effective ~nte of '.
thi~ ordinance.
"Start of eonstrt, etion" means the first placement of permanent eonstrttetion
of a strl~ettJre (other than n mobile home) on a site, such ns tl~e Dot~rine' of slobs or -
footings or any work beyond the star. e of excavation. Permnnent construction does
not include ]nnd preparation, st~eh as elearinF., ffrnding and fillinl~ nor does it inch]de
the intallation of streets and/or' walkways; nor does it inehlde excavation for a basement,
footin--~, piers or foundations or the erection of temporary forms; nor does it inch,de
the installation on the property of accessory buildlnF, s, such as Imara~'es or sheds nnt
oeet,pied as dwellin~ units or not as part of n main strnett~re. For a str~,ett, re ¢othe,
than a mobile home) witbotlt a basement or poured footinl~s, the "start or eonstrt~etion"
includes the first permanent framing or assembly of the str~ett~re or nny port tl, ereof
on its pilinlz or fro,halation. For mobile homes not within a mobile home park or mobile
home subdivision, "start of construction" means tl~e affixinE of the mobile home to its
permanent site. For mobile homes within mobi]e home porks or mobile home snhdivision~,
"start of construction" is the (late on whieh th~ con,traction of faeilities for servieinff
the site on whleh the mobile Imme is to be affixed fincludin~, at a minimnm, the
constr~etion of street~, either final site ffrndinff or the ponrinE of eon~rete pods, nnd
installation of ~tilities) is ~mpleted.
"Struett~re" menns n walled nnd roofed htdldin~, a mobile home, nr R ER~ or
]iqt~id storaEe tnnk, that is principally above ffrotlnd.
"St~bstnntial improvement" means any repair, reeonstrtletion, or improvement
of a strt~cture, the cost ~ which eq~mls or exceeds 50 percent of the market value
or the strneture either:
~.) Before the improvement or repair is ~tarted, or
2) I~ the str~ett~re has beep d~ma~ed and i~ heinff restored, before the
occurred.
For the pt~rp~es o~ this definition "substantial improvement" is considered to
occur when the first alteration or aoy wall, eeilinE, ~oor or otl, er str~et~ra{ pRrt
the btdlding eommenees, whether or not that nlterntion ar{eels the external
or the strt~eture.
The term ~oes not, however, inelnde either:
1) Any project for improvement of n structure to comply with existing State
or ]cea) health, sanitary, or safety code specifications which nra solety necessary to
assure sa~e living conditions, or
2) Any alteration of a struet,re listed on the National Register of Distorie
Places or a State Inventory of llistoric Places.
"¥arianee" means a grnnt of' relief from the req,irements of thin ordinnnee
which permits eonstr,etion in n manner that would otherwise he prohibited by this
or(!inanee.
SECTION 3.] LANDS TO ~'IIICH THIS ORDINANCE APPLIES.
This ordinnnee shall apply to a11 areas of special flood hazards within the
j],risdietion of tile City.
SEC'I3ON 3.2 BASIS FOR ESTABLISHINC, TIlE AREAS OF SPECIAL FLOOD
liAZARD.
Tile areas of special flood hazard identifie(! by time Federal Insurance
Administration in a s(,ientifie nnd enF, ineerinF,, report entitled, "Tile Fl..nod lns,rnnee
Study for the City of CoDPelI, Texas," dater] Al,In;st 1, {980, with nccompnnvinff
]rt,;urnnee Rate Maps nnd Flood Boundary Floodway Maps is Imrehy adopted nad attnchrd
hereto as Exhibit "A" and declared to he a part of this ordinance.
SECTION 3.3 PENAI,TilL$ FOR NONCOMPLIAN(qE.
Ho structure or land shah l, ereafter he eonstrpeted, located, exlended, converted
or altered without fp{{ complinnce w{tl, the terms of this ordinance, nnd other applicable
regulations. Violation of the provisions of this ordinance by fa}lure Io eomoly with
any of }ts retIuirements (including violations of cond}t}ortq and safeguards established
in connection with conditions) shall constitute a misdemeanor. Any person who violates
this ordinnnee or fails to comply with any of its requirements sha{l upon conviction
thereof be fined not more than Two Htmdred Dollars ($200.00) for each violation.
Nothing herein contained shall prevent tile City from taking such other lawful action
ns is necessary to prevent or remedy any violation.
SECTION 3.4 ABROGATION AND C, REATER I1ESTRICTIONS.
This ordinnnee is not intended to repeal, abroffnte, or impair nny existing
easements., covenants or deed restrictions. However, where this ordinance nnd other
ordinance, easement, covenant or deed restriction conflict or overlap, whiehevcr imposes
the more stringent restrictions shall prevail.
SECTION 3.5 INTERPRETATION.
In the interpretation nnd application of this ordinance, all provisions shall be:
1} Considered ns minimum requirements;
2) Liberally construed in favor of the governing body; and,
3) Deemed neither to limit nor repeal any other powers granted under State
statutes.
SECTION 3.6 ~'ARNINC, AND DISCLAI~aEI~ OF LIABII,1T¥. "
The degree of flood protection reCluired by this ordinance is considered reasonnb]e
for regulatory purposes nnd is based on seientifie nnd enl~ineering eonsiderntlons. Lnr~er
floods cnn and will occur on rare occasions. Flood heights may be increased by
man-made or natural anuses. This ordinance does not imply that land outside the area
of special fido0 hazards or uses permitted wilbin such ,areas will be free from flooding'
or Hood damages. This ordinnnee shall not create liability on the part of the City,
any officer or employee thereof or the Fe¢lernl losurnnce Administration, for ~ny Hood
damages that result from relinnee on this ordlnanee or nny ndminlstrative t4eeislon
lawfully made lhereunder.
SECTION 4.1 F~STABI,ISIIMENT OF DEVEI,OPI~ENT PERI~IT.
A Development Permit shall he obtained before construction of clevelopment
begins within any area of special flood hazard established in Section 3.2. Application
for a Development Permit shall be made on forms furnished by the I,oeal Administrator,
and may include, but not be limited to: plans in duplicate (Yawn to scale Showinl~
the nature, Ideation, dimensions and elevations of the area in qt,estlo~; existin~ or
proposed structures, fill, storage of materials, drainnEe fneilitles; and the location of
the foregoing.
Specifically, the foHowinR', information is retqnired:
1) Elevation in relation Ia mean sen level, of the lowest floor (includine' basemevl~
of all struetnres;
2) Elevation in relation to mean sea level to which any ste.cture has been
floodproofed;
3) Certification by a registered professional engineer or architect that the
.:. floodproofinl~ methods for any nonresidential structure meet the floodproofinl.~ eeit~rla
in Section 5.2-2: and, "
4) Description of the extent to which any watercourse ~ill be altered or relocated
as a result of proposed development.
SECTION 4.2 DESIGNATION OF TIlE LOCAl, ADMINISTRATOR.
The is hereby appointed Local Administrator
to administer and implement this ordinance hy granting or de. nyin~, development permit
applications in accordance with its provisions, lie shall serve at the pleas,re of the
City Council. Dis successor shall he nppoinled by resol,tion of the ~.ity Col,nail.
SECTION 4.3 D UTI F.S AND Il ESPONS1BIL, I'FII?,S OF TIlE I,OCAI,
ADMINISTR A'POR.
Dories of the l,oeal Administrator si,all inelnde, bpi not I)e limiled to:
SECTION 4.3-1 PEIII~IT REVIEW.
1) Review,' all development permits to determine that the permit req,irements
of this ordinance have been satisfied.
2) Review all development permits to determine that all necessary permits have
been obtained .%om those Federal, State or local governmental agencies from which
prior approval i.s reqpired.
3) Review all development permits to determine if the proposed development is
located in the l'loodway, if located in the floodway, a.e.~ure that the encroachment
provisions of Section 5.3(1) are met.
SECTION 4.3-2 USE OF OTHER BASE FI,OdD DATA.
When base flood elevation has not been provided in accordance with Section 3.2,
BASIS FOIl ESTABIASIIINiq TIlE AI~.EAS OF SI)ECIAt, FLOOD IIAZAI~D, the l,oenl
Admin{strator shall obtain, review nnd reasonably ut}}ize any base flood elevation data
available from a Federal, State or other ..qouree, in order to administ~'r Seetion.~ 5.2-1,
SPECIFIC STAI~'DAItDS, Residential Construction, and 5.2-2, SPE("IFIf' STANDAI2. DS,
Nonresidential ~'nnstr,ction.
SECTION 4.3-3 INFORMATION TO BE OBTAINED AND MAINTAINED.
l) Obtain nnd ,eeord the actual elevation (in relation to mann sea level) of the
lowest habitable floor ¢ineluding basement) of all new .o~ substantia'{Iv improved
strt~ctures, nnd whether or not the strt~eture contains n basement.
2) '~or all pew s~lbstantlally improved fl~dproofed structures:
ii) verify and record the not,m1 elevation (i~ relation to m,~n sea levell; and
(iD maintain the fl~dproofing certifications rain,ired in Section 4.1~31.
3) Maintnln for publie inspection al] recor~ pertaining to the provisions of this
ordinance.
SEC~ON 4.3-4 ALTERATION OF WATERCOURSES.
].) Notify"adjaeent eommunlties and the Texas Department of l~'~ter Resotlrees
prior to any a}teration or relocation of a wnterem~rse, an~ submit evidence or such
notification to the Federal Insurance Administration.
2) Ree~fire that maintennnee is provided ,~ithin the a~tered or relocated ~rtion
or said weterem~rse so that the Rood e~rrying capacity is not diminisl~e~.
SECTION 4.3-5 INTE]~P~ETATION OF FIRM BOUNDARIES.
M~ke interpretRtio~ where neede(l~ ns !o the exact ]nentio~ or the boundaries
of the areas o~ special flood h~z~r(ts (rot example, where there appears to be a conflict
between a mapped botmdary and acttm] field conditions). The persnn eontestinff the
I~ation of the boundary shall be ~ven a re~sonable opportunity to appeal the
interpretation as provided in Section 4.4.
SECTION 4.4-1 APPEAl. BOARD.
1) The Fl~dway Appeal Board, hereinafter called "Appeal Board," shall hear
and decide appeals apd requests for variances from the requirements or this ordinance.
The City Council s~ll serve as the Appeal Board unless a specific Appeal Board is
otherwise appointed by ordinance.
2) The Appeal Board shall hear and decide appeals when it is nlleffed there is
an error in any requirement, decision or determination ma~e by the Local Administrator
in the enforcement or administration or this ~dinanee.
3) In passing upon s~eh applications, the Appea] Board shall eonsid~ all technical
evaluations, nil relevant factors, standards specified in other sections of this ordinance,
(i) tim ~nF, er tlmt materials may be swept onto other landis to the injury of'
nthers;
(ii) the danger to life and property due to flooding or erosion damage:
(iii) the susceptibility of the proposed facility and its enntents to flood damage
and tile e...ffeet of such damage on the indivi~lunl owner;
(iv) the importance of. the services provided by the proposed facility to the
eommnnity;
(v) the necessity to the facility of a waterfront location, where apolieable;
(vii the availability or alternative locations for the p~oposed nse which are nnt
subject to flooding or erosion damaffe=
(vii) the '~ompntibiliW of the proposed lisa with existinff nnd anticipated
development;
(viii) the relationship of the proposed t[~e to the comprehensive plan and flood
plain mnnagement pfaff, ram of that area:
(ix) the safety of neeess to the property in times of floo(t for ordinnry and
emergeery ye?tales;
(x) the ex-peeled heilZl~ts, velocity, duration, rate of rise, and. sediment transpnrt
of the flood waters and tile effects of wave notion, if applicable, expected ~t the
site; and,
(xi) the costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities nnd facilities sneh as sewer, gna,
electrical, and water systems, and streets and brictffes.
4) Upon eonsiderntion of the factors of Section 4.4-1(4~ and'the purpose~ of this
ordinance, the Appeal Board may attach such conditions to the grantlnff of varinnees
as it deems necessary to further tl~e purposes of this o~-dinanee.
5) The Local Administrator shall maintain the records of a11 appeal actions,
including tee~rieal information, and report nnV variances to the Federal 1assurance
Administratio~ upon request.
SECTION 4.4-2 (~ONDITIONS FOB VARIANCES.
1) C~en~rally, vnrinnees may he issued for new construction and substantial
improvements ~o be erected on a lot of one-half acre or less in size eontiguoos to
and surrounde~ by lots with existinff, structures eonstrneted below the base flood level,
providing item_= (i-xi) in Section ~.4-1(4) have been fully eonsirlered. As the tot size
increases heyo.--d the one-half here, the teel~nie~l justirleatJon required for issulnff the
variance' ioeree.~es.
2) Vsrienees may be i~ued for the reeonstruelion, relmbilitation or restoration
of structures listed on tile N,tionnl Re,islet of Ilistorle Places or the Stale lnvenlor:v
of ltistorie Places, without rer, ard to the procedures set forth in the remainder of this
section.
3) Variances shall not be i.~sued within an.v desit~nated floodway if an~ inerease
in flood'levels during the base flood diseharEe would result.
4} Variances shall only be issued upon a determination that the varlnnee is the
minimum necessary, considerinL- the .qood hazard, to afford relief.
5) Variances shall only be issued upon:
(il a showing of F. ood and surf!cleat em~se;
Cji) a determination that failure to ~ant the varlnnee would result in exceptional
hardship to the applicant; nnd
(iii) n determinntion that the I~rmffing of n varinnee will not res,It i~ increaser1
flood heiF. hts~ addition/~l threats lo public s,ret.v, ~xt~aordlnarv public
nnisnnees, en..~e frnud on or vietimi?.ntion of the public As identified in ~etien
or conflict with existing local !nwa ~r
6) Any applicant to wt~om a wrinnee is e'rnnted .~hall be iLriven written notice
that the strueltlre will be pe,mitted tn be built with n lowest floor e!evation be~ow
the base flood elewltion ~nd tlmt the cost of' flood insurnnee will be eommensurnte
with the increased risk restfltinl~ from the reduced lowest f~oor elevation.
SECTION 5.] GENERAL STANDARDS.
In all areas of speeia] flood hazards, the following stnnr~arrk~ are re(mired:
SECTION 5.1-1 ANCIlORING.
1) All new construe!ion and substnntial improvements shall he anchored to prevent
flotation, collapse or laternl movement or the strneture.
2) All mobile homes shall be anchored to resist flotation, collapse, or l~tera!
movement by providing over-the-top nnd frame tie.~ to the t~rmmrl anchors. Special
requirement.~ slmll be that:
(il over-the-top ties be provided nt enel~ of the four corners of the mobile home,
with two additionnl ties per .~id~ ~t interlnediate locations, with mob!lo
ttmn 50 ~eet long requiring one additional tie per side;
(ii) frame ties I~e provided at eneh eorper o1' the home wilh l'ive adcqtionnl tim
per side at intermediate points, with mobile homes le~ th~n .50 fe~t lnn~ req~6rip~
foyer additionnl ti~ per
fiji) nil components of the nnehorin~ system he capable or enrryin~ n
4,800 pounds; nnd,
(iv~~ nn~ ad~ition~ to the mo~le I~me be ~imilarl~
l) All new con;t~uct]on and suh;tantial improvement~ shaU be con~tructe~ wi~h
mater~als nnd utilit~ eqt~i~ment resistnnt to Rood
2} AY new construction and substantial improvements ;hall be ~;trueted u;in~
methods and ~ractiees that minimize ~ood damage.
]} Ali new and replacement water ~u~iy ;~tems shall be ~si~e~ to minimize
or eliminnte in;iltrAtio~ o~ ~oo~ w~te~s into t~e ;~tem;
2~ N~w and replacement sAnit~ ~ewa;e ~;tem; ~haU be ~;i~e~ to ~inimize
or eliminate in;~llrnt;on o~ ~o(I waters i~lo the ~;toms And di;~hnr;e ~rom
~y~tems into ~ waters; and ---
3} On-site wA~le dis~snl swtems shall be located to avoid impairment to them
or contamination from them dtlring floodinff.
8BCTION 5.1-4 SUBI)IV]~ION PROPOSA].~.
1) All subdivision proposals ~lmll he consistent with the need to minimize flood
damage;
g) All subdivision pro.sols shall have public utiliti~ and facilities sl~eh as sewer,
gas, electrical ~n(1 water systems located and eonstr~eted to minimize ~ood d~ma~e;
3) All subdivision proposals shall have adequate ffainnge provided to redaee
exp~ure to Rood damage; and,
4) Base fl~d elevation dat~ shall be provided rot subdivision p.o~nls and other
propped development whieh eont~in nt leA~t 50 lots or 5 ~eres (whichever
SECTION 5.2 SPEC~IFI~ STANDAI{DS.
In all areas or special flood Imznro~ where bose flood elevation data b~ve been
provided ns set forth in Section 3.2, IIASIS FOR ESTABLISIqN¢'. Tile A~EAS OF
SPECIAL FLOOD I}AZABD or in Section 4.3-2, Use of Other Base Flood Data,
fol]owin~-.siandsr~ nrc reo.}red:
SEUTION 5.2-1 RESIDENTIAl, CONSTI~U~q'ION.
New ~nstruciion nnd subsinntinl improvement or nny residential sirnct~me shall
hove lhe lowest ~oor, }ne{udinK hosement, elevated to or above base ~nod elevnt{on.
SECTION 5.2-2 NO~RESI{~ENT1AL CONST~UOq'ION.'
New eo~,struclion nnd s,hstnnl}n] improvement of nny ~ommere}n], }ndt~sirin{
oiher nonresidential structure shall eiiher hove the Iou~t ~oor, }neludin~ basement,
elevsied io the level of the bose ~ood elevn{ion; or, to~ether ,}th allendnni ,iH}iV
nnd snnit~ry facilities, shall:
I) Be fl~dproofed so thst below the hose fl~cl level lhe stmlett,re is watertight
with walls substantially i~npermenhle to the pn~n~e of wrier;
2) linve structural ~m~nenls enpnl)l~ of resistinE hydrostatic and hydrodvn~mi~
{on~ nnd effects of },.oynney; nnd
3) Be certified by n registered ~or~sinnn{ enE{neer or nrehite~l tbnt the
siandnr~Lq of this subsection ~re satisfied. ~l~eh ~ertiFi~alions sb~{! he provided
officio{ ~s set forth in Section 4.3-3(2).
SECTION 5.2-3 MOBILE I~O~ES.
1) Mobile ~mes shah he anchored in ne~ordnnee with Section
2) For new mobi{e home parks and mohi{e hn~e snhdiv{sions: r~ exp.nsions to
existinE mobile ~me parks and mobi]e }rome subdivisions; for existin~ mobile home
parks nnd mobile home s~H)divisions ~,here the repair, reconstruction or improvement
of the streets, utilities and pads equals ~ exceeds 50 percent of val.e or the streets,
uti{iti~ and pa~ before the repair, reeonslrnction or improvement has eommepced;
8nd for mobile ~m~ not placed in n mobile home ~rk or mobile home s.bdivision,
require that:
(i) stands or lots are elevated o. ~mpacted rill or o~ pilin~ so that the {nwmt
floor of the mobile home wi]l he at nr above the base ~ood level;
(ii) adeq~mte s~Jrfaee drninage nnd access For n hauler nrc provided: and,
(iii) in the in.~tanee of elevation on pilings, that: nl lots are large enough to
permit steps, b) piling foundations are placed in stable soql no more thnn ten feet
apart, nnd e) reinforcement is provided For pilin~ more than ~ix feet above the ffrm~nd
level.
3) No mobile l~me ~hn]l be placed in R ~dwRy, except in nn existing mobile
home park or nn existing mobile home ~uhdivision.
SEC~ON 5.3 FLOODWAYS.
Located within ~rens of speei8~ fl~d h~ard established ~n Sect{on 3.~ are ~reas
desi~ted ns floodways. Since the floodway is on extremely haznr~ons ~re~ dt~e to
the velocity of~'fl~d waters which entry debris, potential projectile, ~nd
potential, the following provisions apply:
1) Prohibit encroachments, ineh~ding fill, new ~nstr~etion, s~bstantial
improvements, and other development tlnle~ n technical evaluation demonstrates that
encroachments shall not resedit in nny increase in flood levels d~ring the oeet~rrenee
of the tmse flood discharge.
~) If Section 5.3(I) is satisfied, nil new constr~etion nnd s~bstnnti~l improvements
shall comply with nil applicable flood hnz~rd redaction provisions of Section 5.0
Pi{OVISIONS FOR FI,OOD HAZARD REDUCTION.
3) No mobile home shall be placed in n floodway, except in nn existing, mobile
home park or an existing mobile ~me st~bdivision.
SEC~ON 6. REPEALINC CLAUSE.
All ordinnnees, or parts of ordinances, inconsistent or in conflict with the provisions
of this ordinnnee are herel~y repealed.
SECTION 7. SEVEBABII,rrY CI,AUSE.
ir any section, p~rt of nny section, paraffrnph or clause of this ordinnnee
declared invalid or uneonstit~tionnl for ~ny reason, s~eh ~elaration shall not be held
to invalidate or impair the validity, force or effect of any other sections, Dart of
sections, ~rngrapbs or elmmes of tbis ordipanee.
(ii) adequate surface drainage and access for n hat, let nrc provided; and,
(iii) in the instance of elevalion od pilings, that: a) lots are larF. e enoula't, to
permit steps, h) piling foundations are placed in stable soil no more Ihan ten feet
apart, and e) reinforcement is provided for pilings more thn~ six feet above the ~rovnd
level.
3) No mobile home slumll be placed in a floodway, except in an exlsllng mobile
home park or an existing mobile home subdivision.
SECTION 5.3 FLOODWAYS.
l,oeated within areas of special flood hazard established in Section 3.? a,e areas
designated as floodways. Since the floodway is an extremely hazardo~s area dtm to
the velocity of flood waters which carry debris, potential proiectiles, and erosion
potential, the following provisions apply:
1) Prohibit encroachments, includiog fill, new construction, substantial
improvements, and other development tmless a technical evaluation demonstrates that~
encroachments shall not result in any increase in fleet4 levels during tl,e oeellrreDee
of the base flood discharge.
2) If Section 5.3fl) is satisfied, all new constrvclion and substantial improvement.q
shall comply with all applicable flood tmzard reduction provisions of Section .5.0
PRO¥1SIONS FOR FLOOD IIAZAIID
3) No mobile home shall be placed in a floodway, except in an existing mohile
home park or an existing mobile borne subdivision.
SECTIObl iq. REPEALING CLAUSE.
All ordinances, or parts of ordinances, inconsistent or in conflict with the provisions
of this ordinance are hereby repealed.
SECTION 7. SEVERABILITY CLAUSE.
If any section, part of any section, pnrag'rnp!~ or clause of this ordinnnce is
declared invalid or unconstitutional for any reason, .~ueh declaration shall not he bold
to invalidate or impair the validity, force or effect of any other sections, part of
seetio,,s, paragraphs or tint,scs of this or¢'inance.
SECTION 8. EFFECTIVE DATE.
This ordinnnee shnl! t~ke effect immediately from nnd after its nnssnR'e and the
publieation..of the caption as the law in such eases pro~ides.
DULY PASSED by the City Council or the ~ity or ~oppel], Texas, on the
d.y of ~~ ~ , ~9 ~0 .
A~EST:
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