The Signorelli Company (TSC) of The Woodlands, which developed Valley Ranch, has purchased another 3,000 acres of land near Splendora. The tract will become a master-planned community with more than 7,000 single-family homes in East Montgomery County. Located north of FM 2090 and west of Daw Collins Rd., the new development will be 15 minutes from Valley Ranch and five minutes west of Interstate 69.
Senior VP Mike Miller said, “We planned the community to provide a unique lifestyle for residents – outside with nature. We are confident the amenities will attract a variety of homebuyers.”
Amenities will include hundreds of acres of open space, numerous parks, miles of meandering trails, and various recreation areas.
TSC will break ground this fall, with the first phase of single-family homesites delivered by the end of 2023. Upon completion, the community will also have one million square feet of multi-family, office, medical, retail and hospitality space.
Maps of Area
According to Signorelli, new homes will range from the $250s to $700s. Signorelli did not announce a name for the development. Planning is still underway.
Location of new Signorelli development in SE Montgomery County.Map from Houston Business Journal.Approximate area of Signorelli Development from Google Earth.
Google Earth (above) shows that dense forests cover most of the area, with a few small, scattered farms and ranches. I drove there today to get a closer look. My initial impressions were correct. Gorgeous, secluded country homes on large acreage dot the areas surrounding Signorelli’s land. See below.
Looking west from Daw Collins Road and pipeline corridor. Until now, the area has been home to scattered small ranches and farms, secluded in the forest.Photo taken 6/4/2022.Looking north from same location. Daw Collins Road on right. Sam Houston National Forest in distance.Photo taken 6/4/2022.
Virtually all of this forest is in some kind of floodplain. See FEMA map below.
Much of Land in Floodplains
FEMA’s National Flood Hazard Layer View shows that large parts of the Signorelli site are in the floodway (striped), 100-year floodplain (aqua) or 500-year floodplain (brown).Photo above this map was taken looking north from red dotted circle.
Keep in mind that the flood map above is based on 2014, pre-Atlas 14 data. The floodplains will expand even further when FEMA updates the flood map.
Current Residents Worry About Development’s Impact on Flooding
I talked to one lady today who lived near the clearing (shown in the first drone photo above) for 55 years. She said she never flooded in all that time. But she worries that she will now. She understood intuitively how the acceleration of runoff from developments, if not properly mitigated, can result in higher flood peaks. She also worried that changes to the slope of the land around her might funnel water toward her property, just as Valley Ranch did to some surrounding homes and businesses.
Only time will tell if her fears are founded. Based on the FEMA flood map above, it appears that Signorelli will need to move a significant amount of earth to elevate homes above floodplains. Signorelli will also likely need to create many detention ponds for an area this large.
Say Goodbye to the Era of Country Retreats
One thing is certain, however. The era of country retreats in this area is history.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2022/06/20220604-DJI_0603.jpg?fit=1200%2C799&ssl=17991200adminadmin2022-06-04 16:57:322022-06-25 11:27:16Signorelli Developing Another 3,000 Acres Near Splendora
The Texas Water Development Board (TWDB) has compiled an amazing list of resources for those concerned about flooding. Among them: a new Community Official Flood-Resource Guide.
New Community Official Flood-Resource Guide
The Flood-Resource Guide contains information to aid community officials such as floodplain managers, city officials, emergency personnel, and others. While TWDB is targeting community leaders with this particular information, it can benefit anyone concerned about flooding. This guide also makes a great resource for teachers. So why wait for third-parties to convey information to you?
The information includes best-practice guides, links to beneficial websites, videos, and toolkits.
Among the eye-openers for me were results of a statewide survey conducted by TWDB in 2020. One of the questions was, “What are your primary concerns related to flooding?” Amazingly, financial damages fell near the bottom the list. Insufficient infrastructure, preparedness, and poor policy and management topped the list…even above human life!
From page 62 of the 68-page Community Official Flood Resource Guide: Volume One.Based on 300 respondents.
This 68-page Community Official Flood-Resource Guide is packed with useful information that will help you reduce flood risk and talk about it with your relatives, neighbors and friends.
Other Useful Links
The TWDB page where you can download the new Flood-Resource Guide also provides dozens of other links with information that directly targets residents as well as flood professionals.
Start at the TWDB’s Community Assistance Program webpage. Or go directly to topics that interest you. Whether you’re trying to learn how to read a flood map or comply with flood insurance standards, this is one page that has virtually everything you’ll need. I’ve reproduced the links below for your convenience.
Federal Emergency Management Agency (FEMA): FEMA’s website offers extensive information regarding the NFIP, mitigation, disaster information and assistance, preparedness, regional contact information, best practices and publications, just to name a few.
FEMA Map Service Center (MSC): The MSC offers online access to past, current and future Flood Insurance Rate Maps (FIRMs), current and future Flood Insurance Studies (FIS), Letters of Map Change, Flood Map Status Information System (FMSIS), the National Flood Hazard Layer (NFHL) and other associative mapping information. The MSC also offers instructions on how to make a Firmette.
The FEMA Library : The FEMA Library is a searchable web-based collection of all publicly accessible FEMA information resources, including: CDs, DVDs, VHS tapes, audio tapes, disability resources, posters and display items, brochures, publications, guidance and policy papers, program regulations and guidelines, forms and slide presentations.
Mitigation Best Practices Portfolio: Contains a collection of best practices, case studies and mitigation best practices (Hurricane Katrina).
Flood Damage-Resistant Materials Requirements (Technical Bulletin 2) (2008) – Provides guidance on the NFIP regulations concerning the required use of flood damage-resistant construction materials for building components located below the Base Flood Elevation in Special Flood Hazard Areas (both A and V Zones).
3-93 Non-Residential Floodproofing – Requirements and Certification – (FIA-TB-3) – Provides guidance on the NFIP regulations concerning watertight construction and the required certification for floodproofed non-residential buildings in Zones A, AE, A1-A30, AR, AO, and AH whose lowest floors are below the Base Flood Elevation.
Elevator Installation (Technical Bulletin 4) (2010) – Provides guidance on the NFIP regulations concerning the installation of elevators below the Base Flood Elevation in Special Flood Hazard Areas (both A and V Zones).
Free-of-Obstruction Requirements (Technical Bulletin 5) (2008) – Provides guidance on the NFIP regulations concerning obstructions to flood waters below elevated buildings and on building sites in Coastal High Hazard Areas (Zones V, VE, and V1-V30).
6-93 Below-Grade Parking Requirements – (FIA-TB-6) – Provides guidance on the NFIP regulations concerning the design of below-grade parking garages beneath buildings located in Zones A, AE, A1-A30, AR, AO, and AH.
7-93 Wet Floodproofing Requirements (FIA-TB-7) – Provides guidance on the NFIP regulations concerning wet floodproofing of certain types of structures located in Zones A, AE, A1-A30, AR, AO, and AH.
NFIP Watermark: This is an electronic publication providing articles and information on flood insurance and mitigation activities.
FloodSmart: This is the official website of the NFIP offering extensive information on flood insurance and flood risks for communities, agents and homeowners.
Professional Associations
Texas Floodplain Management Association: The Texas Floodplain Management Association (TFMA) is an organization of professionals involved in floodplain management, flood hazard mitigation, the National Flood Insurance Program (NFIP), flood preparedness, warning and disaster recovery. TFMA also offers floodplain management training opportunities in Texas.
Association of State Floodplain Managers at www.Floods.org. The Association of State Floodplain Managers is an organization of professionals involved in floodplain management, flood hazard mitigation, the National Flood Insurance Program, and flood preparedness, warning and recovery. ASFPM has become a respected voice in floodplain management practice and policy in the United States because it represents the flood hazard specialists of local, state and federal government, the research community, the insurance industry, and the fields of engineering, hydrologic forecasting, emergency response, water resources, and others.
To make this post easy to find in the future, I’ll add it to the Links page of ReduceFlooding.com.
Posted by Bob Rehak on 6/4/2022
1740 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2022/06/Screen-Shot-2022-06-03-at-5.27.08-PM.png?fit=2250%2C1500&ssl=115002250adminadmin2022-06-03 17:53:182022-06-03 17:58:05TWDB Provides Flood-Resource Guide and More
After Hurricane Harvey, people downstream of the Addicks and Barkers Reservoirs on the west side sued the Army Corps for “taking” their property. On February 19, 2020, Judge Loren A. Smith dismissed the takings cases. According to the Houston Chronicle, he said that property owners had no right to sue the government for inundating their land in what he called a “2000-year storm.”
However, today a Federal Appeals Court reversed Judge Smith’s dismissal of the takings cases. A lawyer following the issue described today’s ruling as “a victory for the downstream homeowners. This revives their claims – at least for now.” The appeals court ruled that the lower court incorrectly denied appellants takings claims when it ruled that “Hurricane Harvey was an Act of God.”
This ruling may affect similar cases in the Lake Houston area against the SJRA, also based on takings claims. The Fifth Amendment forbids the government from taking private property “for public use, without just compensation.”
The Lake Houston Area cases are in discovery and working toward a trial date, according to Kimberley Spurlock, an attorney for many of the plaintiffs.
File photo. Looking upstream (NW) at Addicks Reservoir on May 20, 2021.
Summary of Appeal
Hundreds of individuals and companies that owned property downstream from the Addicks and Barker Dams alleged that the Army Corps of Engineers flooded their properties when it opened the dams’ floodgates during Hurricane Harvey.
The U.S. Court of Federal Claims (the lower court) held that plaintiffs did not have “a cognizable property interest in perfect flood control.” Thus, they could not claim “takings” against the United States. The appeals court disagreed. It sent the case back to the lower court for further proceedings.
Today’s ruling describes the history of the dams, the operating procedures for the gates, and analyzes the claims and precedents cited.
Lower Court Erred on “Property Interest,” Governmental Immunity
Basically, the lower court concluded that, “…because there was no cognizable property interest under either state or federal law, Appellants had failed to state a claim upon which relief could be granted.”
As you would expect, much of the appeal discusses whether a property interest does, in fact, exist.
The appellate decision also discusses whether the Army Corps had governmental immunity from takings claims that stem from Government attempts at flood control. The appeals court ruled that the government does NOT enjoy such immunity.
The appellate judges then turned their attention to property interests. They found that the precedents cited by the trial court were either not on point or stretched their points.
In short, the appeals court ruled that the “Court of Federal Claims erred in concluding that Appellants failed to assert a cognizable property interest.”
Summary Judgment Denied, Case Remanded
Both appellants and the government urged the appeals court to order a summary judgment in their favor. The appeals court declined. It noted that “due to the fact-intensive nature of takings cases, summary judgment should not be granted precipitously.” Thus, they remanded the cases back to the lower court. “Remand” in this context means “return a case for reconsideration.”
The appeals court judges asked the lower court to rule on three specific things. Whether:
Appellants have shown that a temporary taking occurred under the test applicable to flooding cases.
Appellants established causation considering the impact of government actions.
The Government can invoke the “necessity doctrine” as a defense.
The last point refers to a Supreme Court ruling. It recognizes that a taking claim may be non-compensable if there is “the destruction of ‘real and personal property, in cases of actual necessity…” Example: to prevent the spread of a fire.
For those reasons, the appeals court reversed the original decision of the Court of Federal Claims. It remanded the case back to the original court for further proceedings “consistent with this opinion.”
Signorelli Developing Another 3,000 Acres Near Splendora
The Signorelli Company (TSC) of The Woodlands, which developed Valley Ranch, has purchased another 3,000 acres of land near Splendora. The tract will become a master-planned community with more than 7,000 single-family homes in East Montgomery County. Located north of FM 2090 and west of Daw Collins Rd., the new development will be 15 minutes from Valley Ranch and five minutes west of Interstate 69.
Senior VP Mike Miller said, “We planned the community to provide a unique lifestyle for residents – outside with nature. We are confident the amenities will attract a variety of homebuyers.”
Amenities will include hundreds of acres of open space, numerous parks, miles of meandering trails, and various recreation areas.
TSC will break ground this fall, with the first phase of single-family homesites delivered by the end of 2023. Upon completion, the community will also have one million square feet of multi-family, office, medical, retail and hospitality space.
Maps of Area
According to Signorelli, new homes will range from the $250s to $700s. Signorelli did not announce a name for the development. Planning is still underway.
The Texas Parks and Wildlife Watershed Viewer indicates that the West Fork of Spring Branch and Gully Branch drain most of this area.
Google Earth (above) shows that dense forests cover most of the area, with a few small, scattered farms and ranches. I drove there today to get a closer look. My initial impressions were correct. Gorgeous, secluded country homes on large acreage dot the areas surrounding Signorelli’s land. See below.
Virtually all of this forest is in some kind of floodplain. See FEMA map below.
Much of Land in Floodplains
Keep in mind that the flood map above is based on 2014, pre-Atlas 14 data. The floodplains will expand even further when FEMA updates the flood map.
Current Residents Worry About Development’s Impact on Flooding
I talked to one lady today who lived near the clearing (shown in the first drone photo above) for 55 years. She said she never flooded in all that time. But she worries that she will now. She understood intuitively how the acceleration of runoff from developments, if not properly mitigated, can result in higher flood peaks. She also worried that changes to the slope of the land around her might funnel water toward her property, just as Valley Ranch did to some surrounding homes and businesses.
Only time will tell if her fears are founded. Based on the FEMA flood map above, it appears that Signorelli will need to move a significant amount of earth to elevate homes above floodplains. Signorelli will also likely need to create many detention ponds for an area this large.
Say Goodbye to the Era of Country Retreats
One thing is certain, however. The era of country retreats in this area is history.
The Houston Business Journal published an article on the Signorelli development last week. It listed seven new master-planned developments going in nearby. But the list didn’t even include the closest two, Townsend Reserve and Splendora Crossing on FM2090, about a mile to the southeast and immediately south of Splendora High School. Those have already consumed at least another thousand acres of forest. More on those tomorrow.
Posted by Bob Rehak on 6/5/2022
1741 Days since Hurricane Harvey
TWDB Provides Flood-Resource Guide and More
The Texas Water Development Board (TWDB) has compiled an amazing list of resources for those concerned about flooding. Among them: a new Community Official Flood-Resource Guide.
New Community Official Flood-Resource Guide
The Flood-Resource Guide contains information to aid community officials such as floodplain managers, city officials, emergency personnel, and others. While TWDB is targeting community leaders with this particular information, it can benefit anyone concerned about flooding. This guide also makes a great resource for teachers. So why wait for third-parties to convey information to you?
The information includes best-practice guides, links to beneficial websites, videos, and toolkits.
Among the eye-openers for me were results of a statewide survey conducted by TWDB in 2020. One of the questions was, “What are your primary concerns related to flooding?” Amazingly, financial damages fell near the bottom the list. Insufficient infrastructure, preparedness, and poor policy and management topped the list…even above human life!
This 68-page Community Official Flood-Resource Guide is packed with useful information that will help you reduce flood risk and talk about it with your relatives, neighbors and friends.
Other Useful Links
The TWDB page where you can download the new Flood-Resource Guide also provides dozens of other links with information that directly targets residents as well as flood professionals.
Start at the TWDB’s Community Assistance Program webpage. Or go directly to topics that interest you. Whether you’re trying to learn how to read a flood map or comply with flood insurance standards, this is one page that has virtually everything you’ll need. I’ve reproduced the links below for your convenience.
Hand-outs and Brochures
Helpful Floodplain Management Links, Resources
NOTE: This list is provided by the Federal Emergency Management Agency and is current as of March 2022.
FEMA Technical Bulletins
Flood Insurance
Professional Associations
For more information, please contact flood@twdb.texas.gov.
To make this post easy to find in the future, I’ll add it to the Links page of ReduceFlooding.com.
Posted by Bob Rehak on 6/4/2022
1740 Days since Hurricane Harvey
Appeals Court Revives Addicks-Barker Downstream Takings Cases
After Hurricane Harvey, people downstream of the Addicks and Barkers Reservoirs on the west side sued the Army Corps for “taking” their property. On February 19, 2020, Judge Loren A. Smith dismissed the takings cases. According to the Houston Chronicle, he said that property owners had no right to sue the government for inundating their land in what he called a “2000-year storm.”
However, today a Federal Appeals Court reversed Judge Smith’s dismissal of the takings cases. A lawyer following the issue described today’s ruling as “a victory for the downstream homeowners. This revives their claims – at least for now.” The appeals court ruled that the lower court incorrectly denied appellants takings claims when it ruled that “Hurricane Harvey was an Act of God.”
This ruling may affect similar cases in the Lake Houston area against the SJRA, also based on takings claims. The Fifth Amendment forbids the government from taking private property “for public use, without just compensation.”
The Lake Houston Area cases are in discovery and working toward a trial date, according to Kimberley Spurlock, an attorney for many of the plaintiffs.
Summary of Appeal
Hundreds of individuals and companies that owned property downstream from the Addicks and Barker Dams alleged that the Army Corps of Engineers flooded their properties when it opened the dams’ floodgates during Hurricane Harvey.
The U.S. Court of Federal Claims (the lower court) held that plaintiffs did not have “a cognizable property interest in perfect flood control.” Thus, they could not claim “takings” against the United States. The appeals court disagreed. It sent the case back to the lower court for further proceedings.
Today’s ruling describes the history of the dams, the operating procedures for the gates, and analyzes the claims and precedents cited.
Lower Court Erred on “Property Interest,” Governmental Immunity
Basically, the lower court concluded that, “…because there was no cognizable property interest under either state or federal law, Appellants had failed to state a claim upon which relief could be granted.”
As you would expect, much of the appeal discusses whether a property interest does, in fact, exist.
The appellate decision also discusses whether the Army Corps had governmental immunity from takings claims that stem from Government attempts at flood control. The appeals court ruled that the government does NOT enjoy such immunity.
The appellate judges then turned their attention to property interests. They found that the precedents cited by the trial court were either not on point or stretched their points.
In short, the appeals court ruled that the “Court of Federal Claims erred in concluding that Appellants failed to assert a cognizable property interest.”
Summary Judgment Denied, Case Remanded
Both appellants and the government urged the appeals court to order a summary judgment in their favor. The appeals court declined. It noted that “due to the fact-intensive nature of takings cases, summary judgment should not be granted precipitously.” Thus, they remanded the cases back to the lower court. “Remand” in this context means “return a case for reconsideration.”
The appeals court judges asked the lower court to rule on three specific things. Whether:
The last point refers to a Supreme Court ruling. It recognizes that a taking claim may be non-compensable if there is “the destruction of ‘real and personal property, in cases of actual necessity…” Example: to prevent the spread of a fire.
For those reasons, the appeals court reversed the original decision of the Court of Federal Claims. It remanded the case back to the original court for further proceedings “consistent with this opinion.”
For the full text of the appeal, click here.
Posted by Bob Rehak on 6/3/2022
1739 Days since Hurricane Harvey