HomeMy WebLinkAboutZTA201300007 Legacy Document 2014-03-14�rRGtNI''
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Flood Hazard Overlay District — Resolution of Intent to Amend
Zoning Regulations
SU BJ ECT /PROPOSAL /REQU EST:
Resolution of Intent to Amend Zoning Ordinance to
Comply with Federal and State Requirements
STAFF CONTACT(S): McCulley, Burbage, Brooks,
Koslow, and Kamptner
AGENDA DATE: November 12, 2013
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
BACKGROUND:
From the Virginia Department of Conservation and Recreation website:
In developing floodplain management ordinances, participating communities must at least meet minimum
regulatory standards in Title 44 of the Code of Federal Regulation (44 CFR) and administered by the Federal
Emergency Management Agency (FEMA). National Flood Insurance Program (NFIP) standards and policies are
reviewed periodically and revised when appropriate. When such administrative changes are made or when flood
insurance rate maps (FIRMs) are updated, community floodplain management ordinances also must be revised
and updated accordingly.
The flood insurance rate map (FIRM) related to the Scottsville levee has been revised to place the Provisionally
Accredited Levee (PAL) note on the map for the A. Raymon Thacker Levee /Floodwall System in the Town of Scottsville
and Albemarle County. Because this flood map also includes unincorporated area of Albemarle County, we need to
revise our Zoning Ordinance flood hazard overlay district regulations (FHOD) to reflect the new map date, April 2, 2014.
This ordinance revision triggers a review of our flood regulations by the Virginia Department of Conservation and
Recreation (DCR) for compliance with the minimum regulatory standards within the federal regulation. These federal
standards include definitions, procedures and formatting that are inconsistent with our current FHOD regulations. The
amended zoning regulations must be adopted no later than April 2, 2014 to be prior to the April 3rd effective date for the
new flood map, in order for our flood insurance program to remain valid.
DISCUSSION:
Given the tight timeline for the adoption of the minimum floodplain standards, we will delay any additional or more
substantive amendments to a later phase. The current amendment will focus strictly on mandatory floodplain regulations
for participation in the Federal Flood Insurance Program. The proposed resolution of intent addresses revisions to the
County's Zoning Ordinance that are necessary in order to comply with federal and state requirements.
BUDGET IMPACT:
There is no expected budget or staffing impact.
RECOMMENDATION:
Staff recommends that the Commission adopt the attached resolution of intent (Attachment A).
ATTACHMENTS:
A: Resolution of Intent
RESOLUTION OF INTENT
WHEREAS, Albemarle County Code § 18 -30.3, which is part of the Albemarle County Zoning Ordinance,
establishes the flood hazard overlay district; and
WHEREAS, in order to prevent the loss of life and property, the creation of health and safety hazards, the
disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for
flood protection and relief, and the impairment of the tax base, the County regulates the uses, activities and
development within districts subject to flooding; and
WHEREAS, Title 44 of the Code of Federal Regulations (44 CFR) establishes requirements for local flood plain
management regulations and requires that local flood plain management ordinances be revised and updated accordingly
when flood insurance rate maps (FIRMS) are updated; and
WHEREAS, the FIRM in a portion of the southern part of Albemarle County along the James River was recently
updated.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general
welfare, good zoning practices and continuing participation in the federal flood insurance program, the Albemarle
County Planning Commission hereby adopts a resolution of intent to consider amending Albemarle County Code § 18-
30.3, Flood Hazard Overlay District (FH), and to consider amending any other sections of the Zoning Ordinance
deemed to be appropriate to achieve the purposes described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text
amendment proposed pursuant to this resolution of intent, and make its recommendations to the Board of Supervisors at
the earliest possible date.
ZTA 2013 -3 Dam Break Inundation Zones
Board of Supervisors, March 26, 2013