HomeMy WebLinkAboutSTA201400002 Legacy Document 2014-03-14 (2)�rRGtNI''
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA 2013-07 and STA 2013-02
Flood Hazard Overlay District (FHOD)
SU BJ ECT/PROPOSAL/REQU EST:
Public Hearing to Amend County Codes §18-30.3 Flood
Hazard Overlay District, §14-302 and Related Sections of
the Zoning and Subdivision Ordinances
STAFF CONTACT(S): Brooks, McCulley, Burbage,
Koslow, and Kamptner
AGENDA DATE: February 4, 2014
ACTION: X
CONSENT AGENDA:
ACTION:
ATTACHMENTS: Yes
INFORMATION:
INFORMATION:
PUBLIC PURPOSE TO BE SERVED:
The purpose of these provisions is 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.
BACKGROUND:
As previously noted, the impetus for these regulatory amendments is that the flood map including the Scottsville levee will
be revised to include a note of provisional acceptance. This requires ordinance amendments to not only refer to the new
map but also to reflect all the regulations within the Code of Federal Regulations (44 CFR). These amended ordinances
(Subdivision and Zoning) must be adopted no later than April 2, 2014 in order for our participation in the federal flood
insurance program to remain valid.
The history of this legislative amendment is as follows:
The Planning Commission adopted a resolution of intent to amend the zoning ordinance on November 12, 2013
(Attachment E) and a resolution to amend the subdivision ordinance on January 14, 2014 (Attachment F).
A public informational roundtable is scheduled for January 30, 2014 (Attachment C). Because it occurs after the
date of this report, staff will update the Commission at the public hearing.
DISCUSSION:
In order to incorporate the mandatory regulatory definitions, terms and process, Section 30.3 Flood Hazard Overlay
District is being comprehensively rewritten. Attachment C provides a summary of the proposed regulatory amendments
identified as a) mandatory or b) additional recommended changes. While these ordinance amendments may appear
significant due to the reformatting and additional language, we recommend that our floodplain regulations continue to
exceed the minimum federal regulations relating to new construction, grading and uses in the floodplain. Two examples
of this are that we recommend 1) continuing to require a special use permit for significant fill and 2) prohibiting a
substantial improvement of habitable space within the floodplain.
The additional regulations we recommend beyond those mandated are consistent with those discussed with the
Commission in work session. The ordinance establishes specific criteria for the minor fill and stream crossings, to be
permitted through a floodplain impact plan reviewed by the County Engineer.
Page 2
ZTA 2013-07 and STA 2013-02
Flood Hazard Overlay District (FHOD)
Planning Commission Public Hearing
Page 2
We recommend establishing a freeboard of 1 foot above the base flood elevation (freeboard is a factor of safety typically
expressed in feet above a flood level for purposes of floodplain management). Establishing a freeboard is strongly
recommended by the Federal Emergency Management Agency (FEMA) and the Virginia Department of Conservation &
Recreation (DCR) because it provides an additional safety factor to cover development and fill in the floodplain. We
understand that the use of freeboard is a requirement of reduced flood insurance at this time. This will be one of the
focused issues for discussion at the public roundtable.
BUDGET IMPACT:
There is no expected budget or staffing impact.
RECOMMENDATION:
Staff recommends that the Commission recommend approval to the Board for these ordinance amendments (Attachment
A: Zoning Ordinance and Attachment B: Subdivision Ordinance).
ATTACHMENTS:
A: Proposed Zoning Ordinance Amendments
B: Proposed Subdivision Ordinance Amendments
C: Summary of Proposed Ordinance Amendments (Roundtable Invitation)
D: Planning Commission Work Session Executive Summary
E: Resolution of Intent - Zoning Ordinance
F: Resolution of Intent — Subdivision Ordinance
ZTA 2013-7 STA 2013-02 Flood Hazard Overlay District
February 4, 2014