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Home My WebLink AboutZTA201300003 Executive Summary - Not SignedCOUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2013 -03 Dam Break Inundation Zones SUBJECT /PROPOSAL /REQUEST: Public Hearing — Amend the Zoning Ordinance to Comply with State Requirements Concerning Development in Dam Break Inundation Zones STAFF CONTACT(S): Amanda Burbage, Amelia McCulley, Michael Koslow, and Greg Kamptner AGENDA DATE: October 8, 2013 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes BACKGROUND: In 2008, Virginia passed legislation requiring localities to undergo a new review process for development occurring within a dam break inundation zone (Attachment A). According to the Virginia Code, a dam break inundation zone (DBIZ) is "the area downstream of a dam that would be inundated or otherwise directly affected by the failure of a dam." Development is defined as "one or more lots developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more dwelling units, but does not include any lot or lots that will be principally devoted to agricultural production." Dam owners are required to conduct a dam break analysis to support the appropriate hazard classification of the impounding structure in accordance with the Virginia Administrative Code. An owner of a state regulated dam is also required to provide the locality in which the dam is located with a map of its DBIZ and incorporate all affected properties into its dam safety emergency action plan. There is no timeframe associated with this mandate, and localities are not responsible for reviewing development proposed in a DBIZ for which the locality does not have a map on file when the development plan is submitted. There are currently 109 state regulated dams in Albemarle County. The County has received DBIZ mapping for four of these dams. Community Development's Zoning Division is the designated point of intake for DBIZ mapping. When a map is received, it is passed along to Information Services staff to be incorporated into CountyView and GIS -Web so that parcels within a DBIZ can be identified by staff and the general public. Planning staff then follow the required review process when reviewing any site plan or subdivision application that falls within a DBIZ. On April 23, 2013 the Board of Supervisors adopted a resolution of intent to amend the zoning and subdivision ordinances in order to comply with state requirements (Attachment B). The proposed zoning text amendment addresses revisions to the site plan review process for properties that fall within a DBIZ. STA 2012 -02 will implement the corresponding changes to the subdivision ordinance. STRATEGIC PLAN: Goal 5. Ensure the health and safety of the community. DISCUSSION: The major changes in the proposed ordinance include: Added definitions for "dam break inundation zone ", "development ", and "impounding structure" Requiring that a DBIZ be depicted on the pre - application plan & initial site plan Should the proposed development fall within a DBIZ, requiring that 1) the dam owner is notified about the Planning Commission Public Hearing — ZTA 2013 -03 Dam Break Inundation Zones October 8, 2013 proposed development, and 2) DCR is notified within 10 days to make a determination as to whether or not the proposed development will impact the dam's spillway design flood standards Should DCR determine that spillway design flood standards will be affected by the proposed development: o The developer will be required to 1) alter the plan of development so that spillway design flood standards will not be affected, or 2) submit an engineering study with the final site plan to be reviewed by DCR. o Prior to development in a DBIZ, the developer must pay 50% of the costs for necessary upgrades to a dam attributable to the development, plus an administrative fee not to exceed 1 % of the total amount of payment required or $1,000, whichever is less, to the Dam Safety, Flood Prevention and Protection Assistance Fund held by the Virginia Resources Authority. o Once development within a DBIZ is complete, the developer will be required to provide the dam owner, the county, and any other affected localities with information necessary for the dam owner to update the DBIZ map to reflect any new development within the DBIZ. BUDGET IMPACT: Staff does not anticipate that this ordinance will result in the need for additional staff or funding STAFF RECOMMENDATION: Staff recommends adoption of the proposed ordinance amendments. PLANNING COMMISSION MOTION A. Should a Planning Commissioner choose to recommend approval of this Zoning Text Amendment: Move to recommend approval of the draft ordinance in Attachment C. B. Should a Planning Commissioner choose to recommend denial of this Zoning Text Amendment: Move to recommend denial of the draft ordinance in Attachment C. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. Attachments: Attachment A: State Code References Attachment B: Resolution of Intent for Dam Break Inundation Zones ZTA Attachment C: Proposed Zoning Ordinance Amendments Planning Commission Public Hearing — ZTA 2013 -03 Dam Break Inundation Zones October 8, 2013 �rRGtNI'' COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2013 -03, STA 2013 -01 Dam Break Inundation Zones SU BJ ECT /PROPOSAL /REQU EST: Resolution of Intent to amend the Zoning & the Subdivision Ordinances to comply with state requirements concerning development in dam break inundation zones STAFF CONTACT(S): McCulley, Burbage, Koslow, and Kamptner LEGAL REVIEW: AGENDA DATE: April 23, 2013 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: Yes REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: In 2008, Virginia passed legislation requiring localities to undergo a new review process for development occurring within a dam break inundation zone (Attachment A). According to the Virginia Code, a dam break inundation zone is "the area downstream of a dam that would be inundated or otherwise directly affected by the failure of a dam." Dam owners are required to conduct a dam break analysis to support the appropriate hazard classification of the impounding structure in accordance with the Virginia Administrative Code 4VAC50- 20 -40. The legislation requires any owner of a state regulated dam to provide the locality with a map of its dam break inundation zone and incorporate all affected properties into its dam safety emergency action plan. There is no specified timeframe associated with this mandate; however, once the locality has received an inundation zone map from a dam owner, it is required to notify the Department of Conservation and Recreation (DCR) within 10 days of receiving a proposed plan for development located within an inundation zone. DCR then has 45 days to determine whether or not the proposed development will impact the dam's spillway design flood standards. If DCR determines that spillway standards would be changed as a result of the development, the locality may not allow the development unless the plan is altered so that spillway standards are not affected or the developer contributes payment to the necessary upgrades to the dam. State requirements do not apply to development proposed downstream of a dam for which the locality does not have a dam break inundation zone map on file at the time the development plan is submitted. DISCUSSION: There are currently 109 state regulated dams in Albemarle County. The County has received dam break inundation zone mapping for four of these dams to -date. Community Development's Zoning Division is the designated point of intake for dam break inundation zone mapping. When a map is received, it is passed along to Information Services staff to be incorporated into CountyView and GIS -Web so that parcels within an inundation zone can be identified by staff and the general public. Planning staff then follow the required review process when reviewing any site plan or subdivision application that falls within a dam break inundation zone. The proposed resolution of intent addresses revisions to the County's Subdivision & Zoning Ordinances that are necessary in order to comply with state requirements. BUDGET IMPACT: There is a potential budget impact associated with increased staff time required to incorporate dam break inundation zone maps into CountyView and GIS -Web and for additional administrative review of proposed development occurring within a dam break inundation zone. There is currently no fee in place to offset the increased demands placed on staff as a result of these regulations; however, staff is currently investigating possible mechanisms for cost recovery. RECOMMENDATION: Staff recommends that the Commission adopt the attached resolutions of intent (Attachments B and C). ATTACHMENTS: A: State Code References B: Resolution of Intent — Zoning Ordinance C: Resolution of Intent — Subdivision Ordinance ZTA 2013 -3, STA2013 -01 Dam Break Inundation Zones Planning Commission, March 26, 2013 ALg�� 'IRGINZP COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2013 -03, STA 2013 -01 Dam Break Inundation Zones SU BJ ECT /PROPOSAL /REQU EST: Resolution of Intent to amend the Zoning & the Subdivision Ordinances to comply with state requirements concerning development in dam break inundation zones STAFF CONTACT(S): McCulley, Burbage, Koslow, and Kamptner AGENDA DATE: April 23, 2013 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: Yes REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: In 2008, Virginia passed legislation requiring localities to undergo a new review process for development occurring within a dam break inundation zone (Attachment A). According to the Virginia Code, a dam break inundation zone is "the area downstream of a dam that would be inundated or otherwise directly affected by the failure of a dam." Dam owners are required to conduct a dam break analysis to support the appropriate hazard classification of the impounding structure in accordance with the Virginia Administrative Code 4VAC50- 20 -40. The legislation requires any owner of a state regulated dam to provide the locality with a map of its dam break inundation zone and incorporate all affected properties into its dam safety emergency action plan. There is no specified timeframe associated with this mandate; however, once the locality has received an inundation zone map from a dam owner, it is required to notify the Department of Conservation and Recreation (DCR) within 10 days of receiving a proposed plan for development located within an inundation zone. DCR then has 45 days to determine whether or not the proposed development will impact the dam's spillway design flood standards. If DCR determines that spillway standards would be changed as a result of the development, the locality may not allow the development unless the plan is altered so that spillway standards are not affected or the developer contributes payment to the necessary upgrades to the dam. State requirements do not apply to development proposed downstream of a dam for which the locality does not have a dam break inundation zone map on file at the time the development plan is submitted. DISCUSSION: There are currently 109 state regulated dams in Albemarle County. The County has received dam break inundation zone mapping for four of these dams to -date. Community Development's Zoning Division is the designated point of intake for dam break inundation zone mapping. When a map is received, it is passed along to Information Services staff to be incorporated into CountyView and GIS -Web so that parcels within an inundation zone can be identified by staff and the general public. Planning staff then follow the required review process when reviewing any site plan or subdivision application that falls within a dam break inundation zone. The proposed resolution of intent addresses revisions to the County's Subdivision & Zoning Ordinances that are necessary in order to comply with state requirements. BUDGET IMPACT: There is a potential budget impact associated with increased staff time required to incorporate dam break inundation zone maps into CountyView and GIS -Web and for additional administrative review of proposed development occurring within a dam break inundation zone. There is currently no fee in place to offset the increased demands placed on staff as a result of these regulations; however, staff is currently investigating possible mechanisms for cost recovery. 1 RECOMMENDATION: Staff recommends that the Commission adopt the attached resolutions of intent (Attachments B and C). ATTACHMENTS: A: State Code References B: Resolution of Intent — Zoning Ordinance C: Resolution of Intent — Subdivision Ordinance ZTA 2013 -3, STA2013 -01 Dam Break Inundation Zones Planning Commission, March 26, 2013