The owner of 1600 Los Rios Boulevard (NTMWD) has requested a permit for the construction of new structures and equipment to replace existing structures and equipment in a location where a portion of the structures and equipment will be within the existing 100-year FEMA floodplain.The existing structures are approaching their end of useful life and require replacement to maintain compliance with the existing TPDES Permit. The structures are being replaced with modern, safer, disinfection technology reducing the amount of chemicals on site. The improvements do not increase the treatment capacity beyond the existing TPDES permitted capacity. The City has worked with NTMWD through each step required to approve the development application. This application was approved by Planning and Zoning Commission on June 19th and Board of Adjustment on June 27th.
Consideration of a Variance
Council hears requests for variance from the requirements of the Flood Damage Prevention Ordinance.
The prerequisites for granting variances are:
1. There is no increase in flood levels during the base flood discharge as a result of the construction.
2. The variance is the minimum necessary, considering the flood hazard, to afford relief.
3. Failure to grant the variance would result in exceptional hardship to the applicant.
4. Granting the variance will not cause an increase in flood heights, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
A flood study submittal based on City of Plano floodplain criteria has been reviewed by the Engineering Staff and it has been determined that the project meets criteria for water surface elevations, velocities, and valley storage.
City Staff recommends approval of the variance based on the new equipment meeting the following requirements:
- The proposed equipment does not increase water surface elevations on adjacent property owners.
- The proposed equipment does not create an erosive velocity.
- The proposed equipment does not impact valley storage for the stream.
- The proposed equipment does not create additional threats to public safety.
- The proposed equipment does not create an extraordinary public expense, nuisances, fraud on or victimization of the public.
The variance is subject to the following conditions and notifications:
1. The equipment will be permitted to be built with the lowest floor elevation below the base flood elevation.
2. The cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
3. All risk of proceeding under the granted variance is upon the property owner.
If this item is not approved, NTMWD will not be in compliance with TPDES Permit, which may ultimately disrupt service.