Title
Approving an ordinance on second reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS, AMENDING THE CITY OF PFLUGERVILLE, TEXAS CODE OF ORDINANCES, CHAPTER 151, REGARDING THE ADOPTION OF THE LATEST FLOOD INSURANCE STUDY (FIS) AND FLOOD INSURANCE RATE MAP (FIRM) WITH AN EFFECTIVE DATE OF AUGUST 18, 2014; PROVIDING A DEFINITION FOR REPETITIVE LOSS; PROVIDING FOR FREEBOARD; PROVIDING FOR INCREASED SUBDIVISION STANDARDS; PROVIDING FOR SEVERABILITY; ESTABLISHING PENALTIES NOT TO EXCEED $500.00 PER OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
Summary
This ordinance adopts the new Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) for the City of Pflugerville with an effective date of August 18, 2014. As a result of the new floodplain maps, the floodplain boundaries have shifted, reflecting a decreased risk for some homeowners and an increased risk for others.
The City of Austin in 2007 contracted with Halff Associates to conduct a restudy of the entire length of Gilleland Creek from I-35 in Round Rock to its confluence with the Colorado River south of Austin. This restudy combined surveying with advanced technologies, such as Light Detection and Ranging (LIDAR), or aircraft-mounted lasers, to create topographical contours and elevation changes as close as six inches apart. The results of the study give staff and citizens a new and updated look at the risk factors associated with living near the creek.
With over six years in the process to this point, citizens living along Gilleland Creek have been informed of the changes through many venues over the years. Two public meetings were held in the spring of 2011 to address the changing floodplain. The city website has included the information and a link to the preliminary maps since they were released in the spring of 2012. Staff met with the Homeowners Association of Springbrook Meadows, one of the neighborhoods most affected by the floodplain changes, on July 25, 2012 and explained the changes coming their way. An article was published in the Austin American-Statesman in March of last year. Letters were sent out the affected residents in March of this year, with information regarding the changes to the floodplain boundary in their neighborhood and related changes to flood insurance requirements.
The neighborhoods most affected by the shifting of the floodplain boundaries are the Springbrook Meadows subdivision, annexed in 2007, and the Gatlinburg subdivision, although some in other neighborhoods will be affected as well. All along the creek approximately 60 structures were removed from the floodplain while more than 75 will now be considered within the floodplain boundary, reflecting a net change of 15 structures.
One amendment is the addition of a definition for repetitive loss. Historically, there have been only two repetitive losses in the city limits, but a definition will help with enforcement of this ordinance.
Another amendment to the flood damage prevention ordinance is the addition of two feet of freeboard for residential and commercial new construction. Freeboard is a factor of safety usually expressed in feet above a flood level for purposes of floodplain management and is the single most effective means for reducing flood risk to a structure in the floodplain. Freeboard is relatively inexpensive to build into development. It typically pays for itself in reduced insurance premiums and prevented flood damage within the first ten years of a structure's lifetime. This new requirement will apply in any flood zone and include all types of construction including construction in any area that has been removed from the floodplain via a Letter of Map Revision Based on Fill (LOMR-F).
The last amendment increases subdivision standards in A zones (unstudied, no base flood elevations) by requiring floodplain delineation and elevations of preliminary plats, and floodway delineations and lot finished floor elevations on final plats for subdivisions proposed on parcels greater than five acres or with five or more lots. Previously, base flood elevation data was required for proposed subdivisions of more than 5 acres or 50 lots. This amendment ensures that subdivisions, including infrastructure and lots, are created and designed to minimize risk of damage to property and potential loss of life from flooding, and to minimize the disturbance for floodplain areas. This amendment would mostly affect future subdivisions proposed within the city limits east of the City. Floodplain administration and enforcement in the City's extra-territorial jurisdiction (ETJ) is the responsibility of Travis County.
This proposed ordinance amendment complies with the National Floodplain Insurance Program and has been reviewed by the City Attorney and is approved as to form.
Status
The effective date for the revised Flood Insurance Studies (FIS) and Flood Insurance Rate Maps (FIRMs) will be August 18, 2014.
Prior City Council Action
Chapter 151 was last amended in 2008 to reflect the issuance of new Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs).
This ordinance was approved on first reading on June 10, 2014.
Deadline for City Council Action
The effective date for the new maps and flood insurance studies is August 18, 2014.
Fiscal Impact
The City of Pflugerville contributed $8,400 in 2008 to the restudy efforts involving the floodway analysis of the creek inside the city limits and the Letter of Map Revision (LOMR) submittal to the Federal Emergency Management Agency (FEMA). Approximately $200 was spent on postage for the mailout of 420 letters to affected property owners.
Staff Recommendation
Staff recommends approval of the ordinance on second reading.
Drafter
Trey Fletcher
Assistant City Manager