HomeMy WebLinkAboutSTA201400002 Legacy Document 2014-03-14�rRGtNI''
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
STA 2014-001 Flood Hazard Overlay District (FHOD)
SU BJ ECT/PROPOSAL/REQU EST:
Resolution of Intent to amend the Subdivision Ordinance
to comply with state requirements & maintain eligibility for
the National Flood Insurance Program
STAFF CONTACT(S): Brooks, McCulley, Burbage,
Koslow, and Kamptner
AGENDA DATE: January 14, 2014
ACTION: X 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 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 may be inconsistent with our current FHOD regulations. The amended zoning
and subdivision regulations must be adopted no later than April 2, 2014 in order for our flood insurance program to
remain valid.
This resolution of intent for the Subdivision Ordinance amendments is in conjunction with the resolution of intent adopted
by the Commission on November 12, 2013 for the Zoning Ordinance amendments. Both Ordinance amendments will
move forward together. These amendments are those discussed in work session with the Commission on December 3 rd
DISCUSSION:
Given the tight timeline for the adoption of the minimum floodplain standards, we must delay any additional or more
substantive amendments to a later phase. The current amendment will focus primarily on mandatory floodplain
regulations for participation in the Federal Flood Insurance Program. The proposed resolution of intent addresses
revisions to the County's Subdivision 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, the Albemarle County Subdivision Ordinance includes regulations pertaining to
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 land development practices and continuing participation in the federal flood
insurance program, the Albemarle County Planning Commission hereby adopts a resolution of intent
to consider amending any sections of the Subdivision 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 subdivision text amendment proposed pursuant to this resolution of intent, and make its
recommendations to the Board of Supervisors at the earliest possible date.
ZTA 2013-7 Flood Hazard Overlay District
December 3, 2013