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Brentwood City Commission Agenda

Meeting Date:	10/14/2019
Ordinance 2019-09 -- An Ordinance Amending Chapter 56, Article II, of the Brentwood Municipal Code Relative to Flood Prevention
Submitted by:	Jeff Dobson, Planning & Codes
Department:	Planning & Codes

Information

Subject

Ordinance 2019-09 - Amendments to Chapter 56, Article II of the Brentwood Municipal Code Relative to the Floodway Management Regulations for the City of Brentwood.

Background

The City of Brentwood’s participation in the National Flood Insurance Program (NFIP) requires compliance with Federal Emergency Management Agency (FEMA) guidelines for development within identified local floodplain areas. The City’s participation in the program is essential so that individual structures built or improved in the floodplain will remain eligible for flood insurance under the federal program.

The attached ordinance proposes several changes to Chapter 56, Article II (Flood Prevention) of the Municipal Code.

City staff forwarded the proposed revisions to the Flood Prevention ordinance to the Tennessee Emergency Management Agency (TEMA) for its review and approval prior to submission to the City Commission for its consideration. The amendments were developed as a result of a request from a few residents who want to elevate their homes located within the floodway fringe and floodway areas, but didn’t necessarily want their homes pier-elevated as is currently required by the Code above a certain height.

Currently, the Code provides that homes in the floodway fringe may be elevated, but the only elevation option is piers (open underneath) if it requires five or more feet to get the lowest floor above the flood protection elevation. If the home can be elevated and stay below the five feet necessary to meet elevation requirements, solid foundation walls with flood vents may be utilized.

Homes in the floodway may not be elevated. Only non-substantial second story additions are allowed. The term "nonsubstantial" means a reconstruction, rehabilitation, addition, alteration or other improvement of a structure occurring within a five-year period, where the cumulative cost is less than 50% of the market value of the home before the start of construction.

The City's long-standing requirement to only allow piers for elevations above five feet is intended to prevent areas below the flood protection elevation from being converted to finished living space. After several meetings and discussions, staff has determined that an increase from five feet to seven and one-half feet would still meet the intent of the original code requirement and make the area under the house difficult--if not impossible--to finish out as living space.

The attached ordinance proposes three major changes:

The five foot maximum wall height for building elevation is being increased to seven and one-half feet;
Existing homes in the floodway will also be allowed to elevate the existing footprint IF an engineer can show a no-rise condition; and
For homes that must be elevated higher than seven and one-half feet (therefore being required to utilize piers instead of walls with flood vents), a front wall façade with vents may be added along the elevation that faces the street to give the appearance of a solid wall. The sides and rear of the home must still remain only supported by piers. For homes in the floodway, a no-rise certification must also be provided by an engineer before a permit can be issued.

There are several other proposed changes in the draft ordinance, most of which are "clean-up" items. Staff has attached a redline so that you may see all of the changes being proposed.

A Planning Commission review of the proposed amendments is not required. If approved on first reading, the ordinance will be scheduled for second and final reading is scheduled for October 28, 2019.

Please contact the City Manager, Planning and Codes Director or Todd Petrowski, Senior City Planner should you have any questions.

Staff Recommendation

Staff recommends approval of Ordinance 2019-09 on first reading.

Previous Commission Action

On November 18, 2016 the Board of Commissioners voted to approve Ordinance 2016-12 on second and final reading, which authorized the adoption of two revised Flood Rate Insurance Maps (FIRM) dated December 22, 2016.

Second and final reading of Ordinance 2009-13 was conducted on January 25, 2010.
The public hearing for Ordnance 2009-13, before the Board of Commissioners was conducted on January 11, 2010,

On December 14, 2009 the Board of Commissioners approved Ordinance 2009-13 unanimously on first reading. The ordinance represented a major re-write of the current Floodway Management Ordinance in response to directives from FEMA to prepare an ordinance that is more in line with the State “model” floodway management ordinance.

On November 10, 2008 the Board of Commissioners approved Ordinance 2008-19, on second and final reading, amending the Municipal Code regarding the City’s floodway.

On September 25, 2006 the Board of Commissioners approved Ordinance 2006-20 on second and final reading, which
amended the Municipal Code revising Chapter 78 regarding floodway district regulations.

On January 13, 2003 the Board of Commissioners approved Ordinance 2002-25, which revised Chapter 78, Article III Division 14 regarding floodway district regulations.

Fiscal Impact

Attachments
Ordinance 2019-09
Redline/Strikethrough -- Ch. 56, Div 2