Loading...
HomeMy WebLinkAboutSTA201400002 Legacy Document 2014-03-14 (4)COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA-2013-07 and STA -2014-02 Flood Hazard Overlay District (FHOD) SUBJECT/PROPOSAL/REQUEST: Public hearings to amend County Code Chapter 18, Zoning and Chapter 14, Subdivision, regarding Flood Hazard Overlay Districts STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, Brooks, McCulley and Burbage PRESENTER (S): Glenn Brooks LEGAL REVIEW: Yes AGENDA DATE: March 5, 2014 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: In order to prevent loss of life and property, and to prevent the creation of health and safety hazards, the County's Flood Hazard Overlay District (FHOD) regulations regulate the uses and structures that may be established in stream channels and the surrounding areas prone to inundation during a 100 -year flood event. The boundaries of the FHOD are based on Flood Insurance Rate Maps created by the Federal Emergency Management Agency (FEMA). The FHOD was established as an overlay zoning district in 1980, and the County's regulations have allowed the County to participate in the federal flood insurance program. FEMA is adding a note to the panel of the County Flood Insurance Rate Map depicting the Scottsville levee. The note states that the levee may protect certain identified areas in the Town of Scottsville from flooding during a 100 -year flood event. This revision, which becomes effective April 2, 2014, triggered the requirement that the County update its FHOD and related subdivision regulations to be in compliance with current federal requirements. These amendments must be adopted no later than April 2, 2014 in order for the County to continue its participation in the federal flood insurance program. The Planning Commission adopted a resolution of intent to amend the Zoning Ordinance on November 12, 2013 and a resolution of intent to amend the Subdivision Ordinance on January 14, 2014 (Attachment C). The Planning Commission held a work session on December 3, 2013 (Attachment D), and a public informational roundtable was held on January 30, 2014 (Attachment G). The Planning Commission recommended approval (with two minor revisions) at its public hearing on February 4, 2014 (Attachment E). The Virginia Department of Conservation and Recreation (DCR), which administers the federal floodplain management program in Virginia, has reviewed and approved the proposed ordinances. STRATEGIC PLAN: Goal 5: Ensure the health and safety of the community. DISCUSSION: The proposed zoning text amendment (Attachment A) comprehensively revises and reorganizes the current FHOD regulations in order to ensure that the County's regulations satisfy all federal requirements. The proposed revisions designate the county engineer as the floodplain administrator, delineate the powers and duties of the floodplain administrator, establish encroachment and construction standards for authorized uses and development in the floodplain, and establish procedures for administering the County's floodplain management program. Attachment F provides a summary of the proposed amendments and identifies them as a) mandatory changes or b) additional recommended changes. Staff recommends that the County's floodplain regulations continue to exceed the minimum federal regulations relating to new construction, grading and uses in the floodplain by 1) not permitting buildings "on stilts" to raise the habitable space above the flood elevation; 2) continuing to require a special use permit for significant fill; and 3) prohibiting a substantial improvement for habitable space within the floodplain. AGENDA TITLE: ZTA-2013-07 and STA -2014-02 Flood Hazard Overlay District (FHOD) March 5, 2014 Page 2 There are two key substantive changes to the current FHOD regulations requiring further discussion: standards for fencing across a floodway and providing freeboard. FEMA has a new requirement that fencing that crosses a stream channel meet a breakaway construction standard and that the landowner obtain a permit from the floodplain administrator for the fencing. Because the regulation of fencing is new (it is currently exempt from most County regulations) and farmers need to be immediately responsive to repairing fence breaks, it is staff's goal to establish a simplified process to meet these mandatory requirements. County staff proposes to partner with Thomas Jefferson Soil and Water Conservation District (TJSWCD) staff to administer the fencing program because TJSWCD interfaces with many farmers through its livestock exclusion fencing grant program. Through a memorandum of understanding, TJSWCD will administer the permitting for those landowners in its program on the County's behalf. This approach has received tentative approval from DCR. The second focused issue relates to the establishment of a one -foot freeboard. "Freeboard" is a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. The zoning text amendment proposes a freeboard of one -foot, meaning that the finished floor in any structure in the floodplain would have to be one foot above the base flood elevation. Establishing a freeboard is strongly recommended by FEMA and DCR because it provides an additional safety factor to compensate for development and fill in the floodplain that may contribute to flood levels greater than the calculated level. In addition, a freeboard results in significant reductions in flood insurance premiums for the landowner. While the proposed ordinance amendments introduce the freeboard requirement, it applies only to establishing the finished floor elevation for new construction within the FHOD, which in Albemarle County is limited to accessory agricultural and recreational structures. The proposed zoning text amendment and subdivision text amendment also address federal regulations requiring that specific floodplain and related information be provided on site plans and subdivision plats, and that developments and subdivisions having lands in the FHOD be designed to minimize flood damage. BUDGET IMPACT: Staff does not anticipate that these ordinance amendments will result in the need for additional staff or funding. RECOMMENDATIONS: After the public hearings, staff recommends that the Board adopt the proposed Zoning Ordinance (Attachment A) and the proposed Subdivision Ordinance (Attachment B). ATTACHMENTS: Attachment A: Proposed Zoning Ordinance Attachment B: Proposed Subdivision Ordinance Attachment C: Resolutions of Intent (Zoning and Subdivision) Attachment D: Staff Report - Planning Commission Work Session December 3, 2013 Attachment E: Staff Report — Planning Commission Public Hearing February 4, 2014 Attachment F: Summary of Proposed Amendments Attachment G: Public Comments — Roundtable January 30, 2014 Attachment H: Summary of Revisions to Proposed Zoning Ordinance after the Planning Commission Public Hearing Planning Commission minutes: November 12, 2013; December 3, 2013; January 14, 2014; February 4, 2014 Return to agenda