Alexander Ct-AG070828
AGENDA REQUEST FORM
THE.CITY.OF
corrELL
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DEPT:
Engineering
August 28, 2007
DATE:
ITEM#: 20
D WORK SESSION
D CONSENT
[(] REGULAR
ITEM TYPE: ORDINANCE
ITEM CAPTION:
Consider approval of a variance with stipulations for an Interim Permit, upon concurrence of City Engineer, to
Floodplain Management Ordinance No. 2001-952, Article 4, Section B, Item 11 (a) which states that the Floodplain
Administrator must "Assure that conditional approvals are received from FEMA before a Floodplain Development
Permit is issued." for the proposed Alexander Court subdivision, an 18.506 acre housing development at the northwest
corner of Denton Tap Road and Bethel Road.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this variance will allow for development of 29 lots in the Alexander Court subdivision project. Staff will be
available to answer questions at the Council meeting.
1) Any changes requested by FEMA during their review of the flood study submitted for Alexander Court must be complied with prior to the
acceptance of the subdivision improvements by the City;
2) No building permits will be issued on Lots 11-22, Block A until the flood study has been approved by FEMA;
3) Any costs incurred by Mira Mar Development Corporation to comply with any requested changes to the flood study by FEMA will be the
sole financial responsibility of Mira Mar Development Corporation; and
4) The variance implementation is contingent on verification from FEMA by the City Engineer that all necessary information has been
received to complete their review.
FINANCIAL COMMENTS:
RECOMMENDED ACTION:
Staff recommends approval of the variance.
ACTION TAKEN BY COUNCIL:
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve subject to conditions 1,2, 3 & 4
above
M - Peters
S - Faught
4-3 (Mayor Stover voted in favor to break the tie)
Hinojosa-Flores, Brancheau & York voted against
Franklin absent
· Libby Ball
,U 2007.0920
113827
. -05'00'
IHAII'>vnnrll'>r '''' trt FP \/nrinnrl'>
Stipulations attached to Agenda Item #20 from Council Meeting of August 28,2007:
1. Any changes requested by FEMA during their review of the flood study submitted
for Alexander Court must be complied with prior to the acceptanc;;e of the
subdivision improvements by the City.
2. No building permits will be issued on Lots 11-22, Block A until the flood study
has been approved by FEMA.
3. Any costs incurred by Mira Mar Development Corporation to comply with any
requested changes to the flood study by FEMA will be the sole financial
responsibility of Mira Mar Development Corporation.
4. The variance implementation is contingent on verification from FEMA by the
City Engineer that all necessary information has been received to complete their
reVIew.
THE.CITY.OF
COPPELL
A S
MEMORANDUM
TO:
Mayor and City Council
FROM:
Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works
DATE:
August 28, 2007
REF:
Consider approval of a variance with stipulations for an Interim Permit,
upon concurrence of City Engineer, to Floodplain Management Ordinance
No. 2001-952, Article 4, Section B, Item 11 (a) which states that the
Floodplain Administrator must "Assure that conditional approvals are
received from Federal Emergency Management Agency before a Floodplain
Development Permit is issued. " for the proposed Alexander Court
subdivision, an 18.506 acre housing development at the northwest corner of
Denton Tap Road and Bethel Road.
This proposed variance to the Floodplain Management Ordinance 2001-952 is being requested
by Mira Mar Development Corporation for the property of the northwest corner of Denton Tap
and Bethel Road known as the Alexander Court Subdivision. The developer for Alexander
Court is in the process of trying to move ahead with the development of the property; however,
the property lies within a designated floodplain. Mira Mar Development Corporation has had a
floodplain study performed which was reviewed by the City's consultant and found to be in
compliance with the City's Floodplain Management Ordinance. That study along with the
required fees was received by FEMA on July 30, 2007 (see attached document from FEMA's
website). \.J-V ".'} ,~? r~c,/, , , ), fjh " .>
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Council is the variance board for the City's Floodplain Management Ordinance. Included with
this agenda item is Article 4, Section D entitled "Variances" from the City's Floodplain
Management Ordinance. Article 4, Section D, paragraph 4B lists three items that are generally
considered prior to issuance of a variance. They are 1) Showing a good and sufficient cause; 2)
A determination that failure to grant the variance would result in exceptional hardship to the
applicant; 3) A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or a conflict with existing local laws or ordinances.
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As stated above, the developer has provided a floodplain study showing that portions of the
property can be reclaimed from the floodplain; however, it could still be as long as two to three
months before FEMA issues any type of ruling on the study. If a variance' to the Floodplain
Management Ordinance is not granted then the applicant would not be allowed to complete the
necessary field operations on the northern portion of his property to accommodate construction
of future home sites. The applicant has been told numerous times that unless the study has been
approved by FEMA, no building permits would be issued on Lots 11-22, Block A. Because
FEMA has now received the study and the associated fees to review the study, the City's
Engineering Department is in a position to support a variance to our Floodplain Management
Ordinance to allow the placement of fill in the current designated floodplain up to the point
where the new floodplain line will be once the Letter of Map Revision has been issued by
FEMA. Issuance of a variance to this section of the Floodplain Management Ordinance is
somewhat routine at this point in the development process of a parcel of property. In the past
Council has granted variances of this nature to Big Cedar subdivision, Villages of Coppell Phase
3, Windsor Estates, Riverchase Elementary School, and Coppell High School.
Each of those variances were requested by the applicants to allow continuity in the dirt work to
be performed while the study was being reviewed and approved by FEMA. Staff offers no
objections to the granting of a variance to the Floodplain Management Ordinance 2001-952,
Article 4, Section B, Item 11 a. The developer has provided a letter acknowledging that he is
aware that any changes made or requested by FEMA during the review process must be
complied with, that no building permits will be issued on Lots 11-22, Block A until the flood
study is approved by FEMA, and that if any costs are incurred by the developer to comply with
any requested changes to the flood study by FEMA that cost will be the sole responsibility of the
developer.
If Council agrees to approve the variance, staff would request that it contain the following
stipulations:
1. Any changes requested by FEMA during their review of the flood study submitted for
Alexander Court must be complied with prior to the acceptance of the subdivision
improvements by the City.
2. No building permits will be issued on Lots 11-22, Block A until the flood study has been
approved by FEMA.
3. Any costs incurred by Mira Mar Development Corporation to comply with any requested
changes to the flood study be FEMA will be the sole financial responsibility of Mira Mar
Development Corporation.
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flooding in light of the need to prevent environmentally incompatible floodplain
use; and encourage floodproofing of existing floodplain developments.
7. Make full disclosure to all interested parties that:
a. Certain structures are located within floodplain areas;
b. Variances have been granted for certain developments or structures; and
c. Data is available which shows special flood hazard area and floodplain
management area information for the City.
8. Prepare and maintain flood warning and emergency preparedness plans which
include:
a. Provision for alternative vehicular access and escape routes; and
b. Minimum floodproofing and access requirements for schools, hospitals,
nursing homes, orphanages, penal institutions, fire stations, police stations,
communications centers, water and sewage pumping stations, and other
public or quasi-public facilities to enable them to withstand flood damage,
and to facilitate emergency operations.
9. Enforce improvements to local drainage within new developments to control
increased runoff that might increase the danger of flooding to users of the
development or of flood hazards to users or other properties adjacent to,
downstream or upstream of the development. This includes the use of detention
basins to limit runoff to predevelopment levels.
10. Coordinate City floodplain management programs with State, regional and
neighboring community floodplain management programs.
11. Require floodplain development permits for all new construction or development
in floodplain management areas ofthe City.
a.
Assure that conditional approvals are received from FEMA before a
Floodplain Development Permit is issued. Upon written acknowledgement
of receipt by FEMA of the required technical data, construction may
commence within a floodplain area provided the person performing such
development furnishes a written agreement to assume the cost of any
modifications noted by FEMA, as a result of their technical reviews, to be
required for proper completion.
b. Require the developer to submit an as-built technical report of floodplain
development conditions as soon as work affecting the floodplain is
18
e. Upon consideration of the factors noted, and the intent of this ordinance,
the Appeal Board may attach such conditions to the granting of variances
as it deems necessary to further the purpose and objectives of this
ordinance.
4. Prerequisites for Granting Variances
a. Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief
b. Variances shall only be issued upon:
(1) Showing a good and sufficient cause;
(2) A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(3) A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or a conflict with existing local laws or
ordinances.
c. Any applicant to whom a variance is granted shall be given written notice
that the structure will be permitted to be built with the lowest floor
elevation below the base flood elevation, and that the cost of flood
insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation.
ARTICLE 5
Standards, Provisions, Methods, and Criteria for Flood Hazard Reduction
These standards, provisions, methods, and criteria shall apply in all floodplain
management areas including areas of special flood hazards and all watercourses
originating within or flowing within, through or along the City limits of the City of
Coppell for riverine and lacustrine areas whether or not the land is within an identified
special flood hazards area and in all areas of potential shallow flooding or sheet-flow
flooding regardless of watershed size.
All drawings and technical submittals for work within floodplain management areas shall
be accompanied by certifications by a registered engineer or surveyor, as applicable, that
the data presented are accurate to the best of the certifier's knowledge. Technical data
certifications shall include a statement that analyses have been performed correctly and in
accordance with sound engineering practices.
22
Information from FEMA's website showing
that the study for Alexander Court has been
received and the fees have been paid.
PH~vellt [ljs.lste, losses
Flood Hazard Mapping
User Groups
Map Modernization
Cooperating Technical
Partners
Status of Map Change
Requests
Forms. Documents and
Software
Online Tutonals
Frequently Asked
Questions
Status for 07 -06-2203P
LOMes
(0 1111 II 1111 ity
COPPEll, CITY OF
(: .lse ::
Statlls
ADMINISTER FEE 2007-07-30
0706-2203P
STUDIES
( III 11111 IIl1it'\i I...lse :: St.ltllS AI'I,e.ll AI'l'e.ll Elev.ltioll
Beljins EII.ls IlIfo
COPPELl, 30 DAY COMMENT
MICS 16010 PERIOD ENDED 2007. N/A N/A N/A
CITY OF 07-29
COPPELl, 30 DAY COMMENT
CITY OF MICS_30191 PERIOD ENDED 2007. N/A N/A N/A
07-22
Go Back
Last Modif,.d _.y. 31Miv-201lG 1.3'11 01 EST
Page11
! (8/17/2007) Ken Griffin - FW: REVISION Project is Created with Project Number=07 -06-2203P
From:
To:
Date:
Subject:
"Mike Boyd" <mboyd@ndmce.com>
"Ken Griffin (E-mail)..<kgriffin@ci.coppell.tx.us>
8/15/20072:47 PM
FW: REVISION Project is Created with Project Number=07 -06-2203P
Ken
This the only correspondence that we have from FEMA on the Alexander
project.
Mike Boyd
Michael H. Boyd, P.E.
Nathan D. Maier Consulting Engineers, Inc.
Two Park lane Place, 8080 Park lane, Suite 600
Dallas, Texas 75231
214-739-4741 (Office)
214-739-5961 (fax)
Email: mboyd@ndmce.com
-----Original Message-----
From: mip@mapmodteam.com [mailto:mip@mapmodteam.com]
Sent: Monday, July 30, 2007 07:57
To: mboyd@ndmce.com
Subject: REVISION Project is Created with Project Number=07-06-2203P
We have received your request that the Department of Homeland Security's
Federal Emergency Management Agency issue a revision to the flood hazard
information on the applicable National Flood Insurance Program map for CITY
OF COPPEll, TX.
Your case number is 07-06-2203P and the project identifier is GRAPEVINE
CREEK.
We are reviewing your submitted data and will contact you if additional
information is required to process your request.
If additional information is not required, we will issue a final letter of
determination within 90 days of receiving your request.
Inquiries concerning the status of your request should be made by calling
the FEMA Map Assistance Center toll free at (877) 336-2627 (877 -FEMA-MAP) or
by letter addressed to the lOMR Depot, 3601 Eisenhower Avenue, Suite 600,
Alexandria, VA 22304-6439.
Please be assured we will do our best to respond to all inquiries in a
timely manner.
Page 1 of 1
Rhonda Adloo - Alexander Flood Study
From:
To:
Date:
Subject:
CC:
Ken Griffin
Clay Phillips; Jim Witt
8/28/20072:23 PM
Alexander Flood Study
Rhonda Adloo
Jim
I have just spoken to Mr. Hawkins engineer and the latest update on the status of the study is:
1) Necessary forms have been completed;
2) A notice will be published in the Citizen's Advocate this Friday concerning floodway modifications;
and
3) The effective model has been requested from FEMA by Mr. Hawkins engineer.
The first two items were easy. The third item will take some time. It will take FEMA about two weeks
to get the correct effective model to Mr. Hawkins engineer. It will then take the engineer about two
weeks to review the model and make any needed changes and resubmit the stud>, to FEMA. FEMA's
review time is anybody's guess. 4. . c: 'W\~P,^,,-c-....{. O\~Cl"" ,~
-- , ~1C~ L..,.
My recommendation for tonight will be for Council to approve~ variance contingent on verification
from FEMA by the City Engineer that all necessary information lias been received to complete their
review,Ynce we have that confirmation, we would allow fill to be placed in the floodplain while
FEMA completes their review.
This is the same approach that would be offered to any person developing property in Coppell in a
floodplain.
ken g
file:! IC :\Documents and Settings\rbrother\Local Settings\ T emp\XPgrpwise\46D42FCACit... 8/28/2007
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CORPORATION Cd/ Fl t
Master Planned Living
Mr. Kenneth M. Griffin, P.E.
Director of Engineering/Public Works
City of Coppell
255 Parkway Blvd.
Coppell, Tx. 75019
August 17, 2007
Re: Alexander Court
FEMA Floodplain Requirements
Dear Sir,
Mira Mar Dev. Corp. understands and agrees that it will comply with the following
requirements in consideration of the City approving a variance to the Floodplain
Management Ordinance to allow the placement of fill within the current designated
floodplain on Alexander Court prior to approval of the floodplain study by FEMA:
1) Any changes requested by FEMA during their review of the flood study
submitted for Alexander Court must be complied with prior to the acceptance
of the subdivision improvements by the City.
2) No building permits will be issued on Lots 11-22, Block A'until the flood study
has been approved by FEMA.
3) Any costs incurred by Mira Mar Dev. Corp. to comply with any requested
changes to the flood study by FEMA will be the sole financial responsibility
of Mira Mar Dev. Corp.
Agreed to and Accepted by:
John L. Hawkins, Pres.
6003 Sunderland Drive · Colleyville, Texa.... 76034
Tel. (817) 996-6698 . Fa:.. (817) 329-1792
2149650010
Sf.P ]2 2007 15:23 FR 2149650010
2149650010 TO 9723043673
P.01/02
NrCHOLS, JACKSON, DrLLARD,
HAGER & SMITH, L.L.P.
1800 LINCOLN PLAzA
500 N. AKARD
DALLAS, TEXAS 75201
(214) 965~9900
(214) 965-0010 FAX
PLEASE DELIVER THE FOLLOWING TO:
NAME:
Clay Phillips
Ken Griffin
COMPANY;
City Of Coppell
FAX NO.:
972-304-7041
972-304-3673
DA TE:
September 12, 2007
FROM:
J. David Dodd, III
TRANSMITTED BY:
Katina Whitfield
NUMBER OF PAGES (Including Cover Sheet): 3
COMMENTS:
For the above-referenced cause, attached please find:
1. Mira Mar Projects
'I HE INFORMATION CONTAINED IN THIS FACSIMilE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY
FOR THE USE OF THE rNOIVTDUAL OR ENTITY NAMED ABOVE. IF TfiERECIPIENT IS NOT THE INTENDED R;ECIPleNT. YOU AR~
HEREBY NOTIFIED THAT ANY DISTRIBUTION, DISSEMINATION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED_ IF
14406
SEP IZ Z00?
sE/:P-;" 2<:t~')' I:: ~.~,;< F5" 21 :49~50010
2149650010 TO 9723043673
P.02/02
WALTER W. LEONARD
A nOR~fY ..\.7 Li\W
~i 7.3:Js.e~
FP.)( e' ~.'Pf>o09'2
E'AAll. w,....11'N1BW.I"nll.eom
J~~ SUMt<JI'T 'I'/!;;t'<uE
svcTE IO\r,
"OR" WQRii"l TEXAS 76102
September 12.2007
VIA FAX NO.: 214/965-0010
Mr. Davld Dodd
Nicho\~, Jackson, n\Hard. Hager & Smith. LL.P.
1 gOO LIncoln Plaza
Dallas. TX 75201
RE: Mira Mar Development
Dear David:
i'.s I am ,ur< the stoff has kept you ow""', the process of getting the negligiblY differenr
modd nom the Corps IIOd for FEMA will rake o.period ofat least another week or sO for them to
get cop,e, of the prcc,se model to u.. App....ntly the modol whIch 'hey noW indica", that they
wanted" ba.ically the same one that has boon used by everyone and by the Kimley-Hom folk. os
wcll as the City making its assessmcnt. and was aiso the one u,ed oy our enginecr. Since [hey have
nOW m"""ged to throw. hook in the works, Mr. Hawlcins has instTUc"'d hi. engineer. to work as
promptly a. poss,ole to get everything ,n order 90 tbat bQth FEMA end Ken may be sati.fied
The reason I am writing thi s letter i..o see whether or no' civilized behaviot can "ill prevai I
in this maner becau,", iI is definitEly causing a delay and cost and detriment to the project by holding
up some of the grubbing, pad .ites, el ce""'" in the d;r. work that needs'o be done on the prop<rty
becau,e me City has made what we ""der<tand 10 be a blanket order that ,uch not be done anywhere
in or ne<:U' the flood ?,One that everyone knows win be ~ng.nificnntly modified.
i am writing tlii, letter in RIl effort to ,ee whether or not tlUng' ClIO be put on en even keel and
funCTioning so that we could go ahead with the p<<v;ou. understanding that would allow such
grubbing, p.d ..'eS, et ceten>, to be .tarted and camed out u. atca' that everyone has .greed and
presumabh stillagre.. ..ill be pedectly acceptable as soon as the proper paperworl< i. filed.
Since all the engineer' and the Coty ""ffhave always agreed that tbi' are. will be .ubjeet to
a flood plain amcndmcn' and basically what it will be, "seems roo,t odd that thi. project is being
treated in this mwmer and creat.. an apPI<h<noion that the project is being "singled out" and
cerWnly does not help in resOlving v.nous levels of disappo,ntment ovet the hearing and the way
things were handled or not bandied - by the way, althouglll would dote.ay that someone ...'"
.upposed to have sent us a copy of all this after the meeting - bee.u,e we did reque.t it - no one has
seen fit to >end us copie. ofthe p<ocodures till" we,e enacted just before ool h_ing beg.... You
fi' gllt cheek W1 tb st<tff and .ee If they can send uS . coPy or .f you would be sO kind as 10 send us
one,
.------ ----- -_..~--'-- .--."
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SEP 12 2007 15:24 FR 2149650010
2149650010 TO 9723043673
P.03/03
David Dodd
September 12, 2007
Page 2
David, plel1!le let me know as soon 8S possible:about this since we are being put in a very
difficult position and need to \mow exactly what the City is going to do with regards to a variety of
things that were threatened at the hearing - jOme of which I believe you will agree were quite illegal -
and we would like to be able to assure the business ptU'tners and investors in this matter that their
considerable expenditure in the City of Coppell is not being frustrated by what seems at least to be
some sort of animosity.
J've left 11 message with )lour paralegal and I un~erl!itand that you will be back in the office
sometime around noon today. PlellSe give me a ring on my cell phone so that we can discuss this
and see what may be possible to work OLlt and to see jf may be possible to put this on an e\'~n keel,
el cetera.
~
Very truly .your~,
Walter W. Leonard
W\\i1,:cd
cc: John H8wkins
** TOTRL PRGE.03 **