ZTA-2004-008 Flood Hazard Overlay ZTA/ZMA Modification of the Overlay Maps and District Regulations and adoption of a Resolution of Intent - Work session to discuss the ZTA/ZMA necessary to revise the flood hazard overlay definition by referencing the new flood study and to provide for “housekeeping” text amendments.  The Albemarle County flood insurance study was adopted December 16, 1980 and was later updated in 1990 to include the changes resulting from the Scottsville levee.  The new flood study has expanded the “detailed study” areas, where the 100-year flood or base flood elevations (BFE’s) are determined, and will become effective February 4, 2005.  FEMA has notified the County that as a condition of continued eligibility in the National Flood Insurance Program, the County is required to show evidence of adoption of the FEMA floodplain regulations prior to the effective date.  This includes the adoption of the effective flood maps and study report to which the regulations apply.      

 

Mr. Kelsey summarized the staff report. (See Staff Report) He asked the Commission to review the proposed text amendments and bring comments and suggestions to the work session. The text amendments necessary to assure continued eligibility in the National Flood Insurance Program must be adopted before February 4, 2005. Staff also included a list of some additional modifications for consideration and they could be pursued with this amendment, separately or just looked at in the future. The detailed wording is provided as attachments to the report. There are three attachments.  He pointed out that the resolution of intent that was included as Attachment A in the staff report was not the most current one and he did have copies for everyone.  Attachment B is the ordinance amendment itself.  Attachment C is some additional suggestions. Staff requests input from the Commission on that. Therefore, staff requests the Planning Commission to adopt a Resolution of Intent (Attachment A) to hold a public hearing on December 7, 2004 and make its recommendations to the Board of Supervisors. 

 

In summary, the Planning Commission held a work session to discuss the ZTA/ZMA necessary to revise the flood hazard overlay definition by referencing the new flood study and to provide for “housekeeping” text amendments. 

 

Ms. Higgins suggested that staff conduct a Round Table Discussion on these issues with the public.

 

Mr. Rieley moved to adopt the revised resolution of intent for ZTA-2004-008, Flood Hazard Overlay ZTA/ZMA.

 

RESOLUTION OF INTENT

 

            WHEREAS, Section 30.3, Flood Hazard Overlay District, establishes regulations pertaining to uses, structures and activities within delineated floodways, floodway fringes and approximated flood plains; and

            WHEREAS, Section 30.3 is based on, and is intended to meet or exceed, the federal National Flood Insurance Program regulations; and            

WHEREAS, the delineation of the boundaries of the flood hazard overlay district are based on a study dated June 16, 1980, prepared for the County by the Federal Insurance Administration – Federal Emergency Management Agency (“FEMA”); a new study is currently being prepared by the Army Corps of Engineers, and it is expected to be adopted by FEMA in January, 2005; and

WHEREAS, it is desired to amend Section 30.3 to adopt the new study identified above as the source for delineating the boundaries of the flood hazard overlay district; and

WHEREAS, it is desired to evaluate Section 30.3 to assure that it meets or exceeds federal National Flood Insurance Program regulations, and to amend Section 30.3 where required by federal regulations; and

WHEREAS, it is desired to amend Section 30.3 because it has been found that certain activities in the Flood Hazard Overlay District can be managed through administrative regulations rather than through special use permit; and

WHEREAS, it is desired to amend Section 30.3 to make all other appropriate amendments to improve the clarity and the implementation of the Flood Hazard Overlay District regulations; and

            NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a resolution of intent to amend Section 30.3 of the Zoning Ordinance to achieve the purposes described herein, and to amend the Zoning Map accordingly; and

BE IT FURTHER RESOLVED THAT the Planning Commission will 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.

                                                                         * * * * *

Mr. Craddock seconded the motion.

 

Mr. Kamptner asked that the Commission clarify that the approval is for the revised resolution of intent.  The other key provision is that in the first resolution paragraph it is to amend the zoning map accordingly.  Therefore, they are doing both the zoning text amendment and the zoning map amendment.

 

The motion carried by a vote of (7:0).

 

Mr. Thomas stated that the resolution of intent passes and the matter will be coming back to the Planning Commission on December 7.

 

Mr. Cilimberg pointed out that he had a quick question about the text modifications outlined on page 2 and 3 of the staff report. Staff assumes that those Sections 3.2.1, 3.2.2, 3.6.2 and 3.7 will be part of what the Commission sees on December 7. He asked if there were any of those provisions that they would also like to move forward now or would they prefer that they all wait.

 

Ms. Higgins asked if Section 5.1.2 should be included, which has to do with the County Parks and Greenways.

 

Mr. Cilimberg pointed out that he was asking a question since staff needs the Commission’s direction.

 

Mr. Thomas stated that he did not have any problem with including those in that.

 

Mr. Rieley stated that he would like to see that included.

 

Ms. Joseph stated that she would rather not see them in there and would prefer to see the design standards that staff came up with.  Then, that could be part of the discussion.

 

Ms. Higgins stated that she would assume that they would see that if they got them at that point.

 

Mr. Cilimberg stated that they wanted to see those design standards for greenways along with considering that amendment.

 

Ms. Joseph stated that they would have to reference something.

 

Mr. Rieley stated that suggestion would really make sense.

 

Ms. Higgins stated that they would add Section 5.1.2 in regards to greenways to the list.

 

Mr. Cilimberg stated that the actual reference would be 5.1.2.3.  He stated that on page 9, appendix C under 30.3.05.1.2 By Right within the Floodway Fringe that number 3 was the only one that the Commission wants to move forward.

 

30.3.05.1.2 By Right Within the Floodway Fringe

3.                    Pedestrian and multi-use paths that are within County parks and Greenways that have been dedicated to the County of Albemarle and accepted by the Board of Supervisors; provided that any filling of land has been approved by the county engineer in accordance with 30.3.06.1(1) through (5); and any footbridges necessary to cross tributary streams, watercourses and swales have been approved by the county engineer.

 

Ms. Joseph stated that there is a different organization chart and there is a reference to the County Engineer.  Within the organizational chart is it clear who the County Engineer is?

 

Mr. Kamptner stated that it was very clear that Jack Kelsey is the County Engineer.

 

Mr. Thomas asked Mr. Kamptner if they need to amend the motion.

 

Mr. Kamptner stated that the motion did not need to be amended.

 

Go to PC minutes of December 7, 2004

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