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HomeMy WebLinkAbout1013_Updated Tulsa County FEMA Documentsru~c Tulsa County Clerk - EARLENE WILSON Doc # 2012100122 Page(s): 10 3 7 Recorded 10/1012012 at 04:27 PM oktaHOMAS Receipt # 363961 Fee $31.00 DKLAHOMA :E NO. 1013 AN ORDINANCE AMENDING CHAPTER 17, FLOOD HAZARD REGULATIONS, OF THE OWASSO ZONING CODE, CODIFIED AS PART 12, PLANNING, ZONING & DEVELOPMENT, CHAPTER 17, FLOOD HAZARD REGULATIONS, ARTICLE III, GENERAL PROVISIONS, SECTION B, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, OF THE OWASSO ZONING CODE. WHEREAS, The Legislature of the State of Oklahoma has in 82 O.S 1601-1618, as amended, delegated the responsibility to local governmental units to adopt ordinances designed to minimize flood losses; and WHEREAS, The Owasso City Council deems it necessary for the carrying out of the purpose of said acts and of promoting the health, safety and general welfare of the community to enact an ordinance regulating the zoning of land within Owasso; and WHEREAS, Under FEMA regulations, the City of Owasso is mandated to adopt floodplain management measures that meet or exceed national Flood Insurance Program requirements; to include the adoption of new Digital Flood Insurance Rate Maps (DFIRM) for Tulsa and Rogers Counties when they become available from FEMA; and, WHEREAS, All requirements of Oklahoma Statutes, with regard to the amendment of this ordinance have been met. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: SECTION ONE (1): The Owasso Zoning Code, codified as Planning, Zoning & Development, in the Owasso Code of Ordinances, Part 12, Planning, Zoning & Development, Chapter 17, Flood Hazard Regulations, Article III, General Provisions, Section B, Basis for Establishing the Areas of Special Flood Hazard, shall be amended to read as follows: CHAPTER 17 ARTICLE III GENERAL PROVISIONS SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled, "The Flood Insurance Study for Tulsa County, Oklahoma and Incorporated Areas" with the accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and declared to be a part of this ordinance. The portion balance of the City of Owasso located within Rogers County identified in a scientific and engineering report entitled, "The Flood Insurance Study for Rogers County, Oklahoma and Incorporated Areas" dated April 3, 2012, with the accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and declared to be a part of this ordinance. This ordinance shall go into effect on April 3, 2012. SECTION TWO (2): REPEALER All ordinances or parts or ordinances or other sections in the Owasso Zoning code in conflict with this amendment are repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION The City of Owasso Zoning Code, as codified in the Owasso Code of Ordinances, Part 12, Planning, Zoning and Development, Chapter 17, Flood Hazard Regulations, Article III, General Provisions, Section B, Basis for Establishing the Areas of Special Flood Hazard, is hereby amended as provided above. PASSED by the City Council of the City of Owasso, Oklahoma on theL.. day of October, 2012. o ebrak , Mayor ATTEST: Sherry Bishop, City Clerk r u> T OFFICIAL Q SEAL (SEAL) ~~'I.AHOMP APP OVED AS TO FORM: ulie Lombardi, City Attorney I Al' F hr'pp~a AA~.~r; FF__r .,gypp. ~ r ~ • - •4 . ~ ~ ~a,t~. o ~~r ~°~.o ~ , r r.~Y l1~~{ ` Y ~i j s; ...r ~~'f• ~ ;u ~ ~ / ~~*~~%Ffr~/~~ T~ ~ L~ 1t K ZONE-'' 44 ti 41 r. _ ,u c fi ~ ~f i..S11 r - ~(+.•a•~ 4-~`i.~ tk'-_ :•+t.: t ~ ~r1 r, •~HI6'r 7 Y ' l f Amon= t 1 MT! '4~t Y t7tc s 'r?' ~i w • N ~ r. 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Ala ;lkil►t o o- ~ * tr;.;w a• a • ! • PUBLISHER'S AFFIDAVIT ORD NO. 1013 PUBLICATION 10/11/12 CASE NUMBER: ORD NO. 1013 AD NO: 00151648 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa SS I, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa, Oklahoma, a newspaper quali- fied to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the ABOVE LISTED DATE(S) Representative mature Subscribed to and sworn to me this 12th day of October, 2012. Notary Public A L4 fn U2~Z NA CY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2014 Customer 00000779 Customer: CITY OF OWASSO Publisher's Fee: 142.80 NANCY CAROL MOORE NOTARY PUBLIC STATE OF OKLAHOMA COMMISSION NO. 06011684 EXPIRES 12-8-2014 151648 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, October 11, 2012. OWASSO, OKLAHOMA ORDINANCE NO. 1013 AN ORDINANCE AMENDING CHAPTER 17, FLOOD HAZARD REGULA- TIONS, OF THE OWASSO ZONING CODE, CODIFIED AS PART 12, PLAN- NING, ZONING & DEVELOPMENT, CHAPTER 17, FLOOD HAZARD REGU- LATIONS, ARTICLE III, GENERAL PROVISIONS, SECTION B, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, OF THE OWASSO ZONING CODE. WHEREAS, The Legislature of the State of Oklahoma has in 82 O.S 1601-1618, as amended, delegated the responsibility to local governmental units to adopt ordi- nances designed to minimize flood losses; and WHEREAS, The Owasso City Council deems it necessary for the carrying out of the purpose of said acts and of promoting the health, safety and general welfare of the community to enact an ordinance regulating the zoning of land within Owasso; and WHEREAS, Under FEMA regulations, the City of Owasso is mandated to adopt floodplain management measures that meet or exceed national Flood Insurance Program requirements; to include the adoption of new Digital Flood Insurance Rate Maps (DFIRM) for Tulsa and Rogers Counties when they become available from FEMA; and, WHEREAS, All requirements of Oklahoma Statutes, with regard to the amendment of this ordinance have been met. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: SECTION ONE (1) The Owasso Zoning Code, codified as Planning, Zoning & Development, in the Owasso Code of Ordinances, Part 12, Planning, Zoning & Development, Chapter 17, Flood Hazard Regulations, Article III, General Provisions, Section B, Basis for Establishing the Areas of Special Flood Hazard, shall be amended to read as fol- lows: CHAPTER 17 ARTICLE III GENERAL PROVISIONS SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled, "The Flood Insurance Study for Tulsa County, Oklahoma and Incorporated Areas" with the accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and declared to be a part of this ordinance. The portion balance of the City of Owasso located within Rogers County identified in a scientific and engineering report entitled, "The Flood Insurance Study for Rogers County, Oklahoma and Incorporated Areas" dated April 3, 2012, with the accompa- nying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and declared to be a part of this ordinance. This ordinance shall go into effect on April 3, 2012. SECTION TWO (2): REPEALER All ordinances or parts or ordinances or other sections in the Owasso Zoning code in conflict with this amendment are repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffec- tive, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION The City of Owasso Zoning Code, as codified in the Owasso Code of Ordinances, Part 12, Planning, Zoning and Development, Chapter 17, Flood Hazard Regulations, Article III, General Provisions, Section B, Basis for Establishing the Areas of Special Flood Hazard, is hereby amended as provided above. PASSED by the City Council of the City of Owasso, Oklahoma on the 2nd day of October, 2012. /s/ Doug Bonebrake, Mayor /s/ Sherry Bishop, City Clerk /s/ Julie Lombardi, City Attorney 0 p The City Wit out Limits. APPROVED BY COUNCIL TO: The Honorable Mayor and City Council OCT Q 2 ZD1Z City of Owasso FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: Adoption of Updated City of Owasso (Tulsa County) FEMA Documents FIS and FIRM Data DATE: September 28, 2012 BACKGROUND: The Federal Emergency Management Agency coordinates the federal government's role in preparing for, preventing, mitigating the effects of, responding to, and recovering from all domestic disasters, whether natural or man-made, including acts of terror. The National Flood Insurance Program (NFIP) was created by the United States Congress in 1968 through the National Flood Insurance Act of 1968 (P.L. 90-448). The program enables property owners in participating communities to purchase insurance protection from the government against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the federal government, which states that if a community will adopt and enforce a floodplain management ordinance to reduce future flood risks to new construction in Special Flood Hazard Areas (SFHA) the federal government will make flood insurance available within the community as a financial protection against flood losses. The SFHAs and other risk premium zones applicable to each participating community are depicted on Flood Insurance Rate Maps (FIRMS) with study details included in the Flood Insurance Studies (FIS). The Mitigation Division within the Federal Emergency Management Agency manages the NFIP and oversees the floodplain management and mapping components of the program. The intent of this program is to reduce flood damage through community floodplain management ordinances and provide protection for property owners against potential losses through an insurance mechanism that requires a premium to be paid for the protection. In order for a community to continue membership in the NFIP and flood insurance to remain available to residents, adoption of the updated FIRMS and FIS is required. UPDATED FIRMS AND FIS: The city limits of Owasso are contained on five (5) floodplain maps. In the summer of 2012, FEMA issued a revised FIS and a revision to a majority of the panels for Tulsa County, including two (2) floodplain maps. The new maps were generated from updated data in the area and corrections to calculations to the previous panels issued in 2009. The 2009 maps were found to have errors and/or information that were omitted when the maps were printed. The changes that we have found through a side-by-side comparison are as follows: Tulsa County Panel 0139 1. There are several areas on Elm Creek that have been removed from the 100-year and 500-year floodplains. These areas occur between 129th East Avenue and the north side of 76th Street North. (See Attached Exhibit 1 and 2 for the 2009 maps and Exhibits 1 A and 2A for the revised 2012 maps) Tulsa County Panel 0138 1. Ranch Creek Floodplain north of 86th Street North - stream cross-sections have been re- labeled due to errors in sequencing. (not shown by exhibit) 2. The Owasso Wastewater Treatment Facility - has all three (3) clarifiers removed from the 500-year floodplain. (See Attached Exhibit 3 for the 2009 map and Exhibit 3A for the 2012 map) 3. A portion of the property along the frontage road, east of U.S. Hwy 169 and south of 76th Street North, has been removed from the 100-year and 500-year floodplain elevation. (See Attached Exhibit 4 for the 2009 Map and Exhibit 4A for the 2012 map. PUBLIC ANNOUNCEMENT OF PROPOSED ORDINANCE: The proposed ordinance adopting the revised maps was introduced at the September 18, 2012 City Council meeting. EXISTING FLOODPLAIN ORDINANCE: In July 2009, the Owasso City Council adopted Ordinance No. 942, which established a new floodplain ordinance in Chapter 17 of the Owasso Zoning Code. The action adopted new flood damage prevention measures and repealed all other ordinances. The ordinance also adopted the most recent FEMA floodplain maps that delineated the current floodplain areas. On February 21, 2012, City Council passed Ordinance No. 1001 which amended the previous flood plain ordinance, Ordinance No. 942. RECOMMENDATION: Staff recommends City Council adoption of the new floodplain maps for areas within the Owasso Corporate limits located in Tulsa County and Ordinance No. 1013 referencing the new Tulsa County maps. ATTACHMENTS: 1. Ordinance No. 1013 2. Exhibits 1 A-4A: Excerpts from the 2012 Tulsa County FIRMS (showing changes)