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Brentwood City Commission Agenda
Meeting Date: 05/22/2023  
Ordinance 2023-07 - Amends Chapter 56, Article I, Division I and Article II, Division 2 through 5 of the Municipal Code
Submitted by: Todd Petrowski, Planning & Codes
Department: Planning & Codes  
Information
Subject
The attached Ordinance 2023-07  requests the amendment of Chapter 56, Article I, Division I and Article II, Division 2 through 5 of the Municipal Code. 
Background
The City'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.

Over the past several years, the Commission has considered multiple amendments to the City's Flood Prevention Regulations found in Article II, Chapter 56 of the Municipal Code.  These regulations address the limitations/requirements related to new development, redevelopment, and modifications to existing structures within the designated flood zones across the City. 

After the September 2021 adoption of Ordinance 2021-04 allowing porches and decks for elevated homes in the floodway, there was a consensus among Commissioners that instead of continuing to piecemeal changes to the regulations each time a unique situation arises, it would be best to undertake a thorough review of the entire ordinance with the assistance of an outside consultant that specializes in flood regulations and compliance with applicable FEMA standards.

On November 8, 2021, the City entered into an agreement with Schwalls Consulting LLC from Orlando FL.  Mr. Schwalls began evaluating and comparing our flood regulations to Metro Nashville, Franklin, and Williamson County.  A City Commission work session was held on January 24, 2022, and informational meetings with the public were held on March 2nd & 3rd, 2022.  Mr. Schwalls and City staff began incorporating suggested changes and presented these for consideration to TEMA on August 4th, 2022.  After some back and forth with TEMA & FEMA, the City received preliminary approval on April 4, 2023. 

The proposed changes include:
  1. Increase the minimum freeboard requirement from 2 feet to 3 feet, and adding a legal nonconforming component for existing structures currently at the 2-foot requirement.  
  2. Allow non-elevated attached garages and detached structures (including detached garages) in the floodway fringe (not floodway), with limitations like flood resistant materials, parking, storage and access only, flood openings, and the requirement of a non-conversion agreement to be filed at the Williamson County Register's Office. 
  3. Change the square footage calculation for new porches on elevated homes in the floodway to allow more flexibility.
  4. Revise the LOMR, LOMR-F and CLOMR language to be consistent with FEMA requirements.
  5. Allow existing deck coverings to remain for elevated floodway homes.
  6. Add additional restrictions for fences in the floodway.
  7. Cut/fill change to require location of cut to be hydraulically connected. 
  8. Various language clean-up items per TEMA & FEMA request.

A version of the Code that shows the additions in a red font and the deleted text as strikethrough is attached below.  

If the proposed ordinance is approved on first reading, second and final reading is scheduled for the June 12th meeting. A Planning Commission review of the proposed amendments is not required because they are not part of the zoning ordinance. 

Should you have any questions or require additional information, please feel free to contact Todd Petrowski, Senior City Planner.
Staff Recommendation
Staff recommends approval of Ordinance 2023-07 on first reading.  
Previous Commission Action
On September 27, 2021, the Board of Commissioners voted to approve Ordinance 2021-04 on second and final reading. 

On February 22, 2021, the Board of Commissioners voted to approve Ordinance 2021-05 on second and final reading. 

On October 28, 2019, the Board of Commissioners voted to approve Ordinance 2019-09 on second and final reading. 

 
Fiscal Impact
Attachments
Ordinance 2023-07
Strikethrough version showing changes

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