2012-0248
INTRODUCED BY: PAUL J. HOGAN, PE, COUNCILMAN, DISTRICT IV
ORDINANCE NO.
Title
An ordinance to amend the St. Charles Parish Flood Damage Prevention Ordinance, Section XX.C.2., to exempt the area encompassed by the Sunset Drainage District and the portion of Des Allemands lying outside the district and south of the Burlington Northern Railroad from having to meet the requirements of the Advisory Base Flood Elevations.
Body
WHEREAS, the adoption of the Advisory Base Flood Elevations (ABFE) has been a good thing for areas that have flood protection to an elevation less than the ABFE; and,
WHEREAS, building to the ABFE in the Sunset Drainage District and the portion of Des Allemands lying outside the district however will not prevent flooding to structures in this area since flooding would require floodwaters greater than the ABFE; and,
WHEREAS, the adoption of the Advisory Base Flood Elevations (ABFE) has impacted the previously mentioned area more so than other parts of the Parish due to the low ground elevations that exist within this area; and,
WHEREAS, the impact to this area is evidenced by the fact that only 45 homes (roughly 7 per year) have been built throughout this area which includes the towns of Des Allemands, Paradis, and Bayou Gauche since the adoption of the ABFE as compared to 159 homes constructed in the prior 6 years, a 72% decrease; and,
WHEREAS, the adoption of the ABFE has posed undue and unnecessary financial hardship to those who have built to the ABFE within this area; and,
WHEREAS, the reasoning of the granting of variances to ABFE by the Zoning Board of Adjustments has caused discontent between neighbors; and,
WHEREAS, 9 out of the 10 requests for variances to ABFE that went before the Zoning Board of Adjustments was granted; and,
WHEREAS, the 9 homes equates to 20% of the all homes constructed in the area since the adoption of the ABFE; and,
WHEREAS, the ABFE requirement had caused dissimilar construction requirements from what existed prior to its adoption which causes a mix match between homes within subdivisions; and,
WHEREAS, the decision to build at an elevation in excess of 12" above the crown of the street in front of a lot in this area should be the decision of the property owner with the owner carrying the burden and consequences of building to the elevation that they desire; and,
WHEREAS, this exemption to the ABFE has no detrimental consequences to St. Charles Parish.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That Section XX.C.2.of the St. Charles Parish Zoning Ordinance is hereby amended by adding the following to the end of the paragraph: The existing FIRMS and not the Advisory Base Flood Elevations shall apply to the area encompassed by the Sunset Drainage District and the portion of Des Allemands lying outside the district and south of the Burlington Northern Railroad.
Vote
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this day of , 2012, to become effective five (5) days after publication in the Official Journal.
Amend Code ABFE (6-29-12)
CHAIRMAN:_________________________________________
SECRETARY:________________________________________
DLVD/PARISH PRESIDENT:____________________________
APPROVED:______________ DISAPPROVED:_____________
PARISH PRESIDENT:_________________________________
RETD/SECRETARY:__________________________________
AT:_______________ RECD BY: ________________________