Orange County NC Website
Rachel Phelps Hawkins arrived at 8:01 p.m. <br /> Commissioner Jacobs said that the notices were very difficult to understand. He asked <br /> for clarification on whether it would change anything about the additional notified properties <br /> beyond the affected property. Craig Benedict said no. <br /> Commissioner Yuhasz asked about the adoption of this ordinance. He said that <br /> qualified farms are exempt from zoning regulations under State statute. He noted on the <br /> proposed Part 1.5 that the farm exemption is supposedly not in effect with respect to this <br /> particular section of the zoning ordinance. He asked about the legal basis for exempting in <br /> Orange County certain parts of zoning from the bona fide farm exemption. <br /> Michael Harvey said that the Planning Department staff had the same concerns and the <br /> section was written based on the model of the Wake County Unified Development Ordinance <br /> after review with the County Attorney's Office. <br /> Commissioner Gordon said that the notice should have been clearer so that people <br /> would not have been forced to come out to the public hearing to get clarification. <br /> PUBLIC COMMENT: <br /> Lynette Hartsell spoke on behalf of the Friends of Lake Orange. She said that she asked for <br /> a copy of the letter from the Attorney General's Office that prompted this change. The letter is <br /> dated September 14, 2005, and is addressed to the National Flood Insurance Program. It was <br /> actually a memorandum. She said that the letter that she received addressed issues of FEMA, <br /> flood maps, and whether the maps can be incorporated. The issue addressed in the <br /> memorandum was whether or not future maps could be accepted without this kind of public <br /> notice. She said that she is confused that this is being moved under zoning. There is nothing in <br /> the letter that she read that you cannot have a standalone flood prevention ordinance. She said <br /> that the people in Lake Orange get nervous about these things. She said that the people in <br /> Lake Orange are concerned that their rights will be taken away from them. She said that there <br /> is a lot of distrust that the government will not act in the citizens' best interest. She said that <br /> there must be meaningful dialog and not just public hearings. She asked the County <br /> Commissioners to think outside the box and initiate a task force charged to identify problems <br /> and find solutions for Lake Orange and reach a binding agreement. <br /> Brent Clayton said that he bought 6.5 acres in 2000 and it was not in the floodplain. His <br /> property got put in a floodplain in 2007. He originally purchased his property behind the house <br /> that is there now. The floodplain took almost three acres of his property, and the property is <br /> now useless. He asked how this was helping him. <br /> Steve Richardson was with the Friends of Lake Orange. He said that there are vast <br /> gaps in the proposal and there are some State constitutionality questions. He urged the County <br /> Commissioners to decline to act on this unnecessary proposal. If the County Commissioners <br /> vote on this, he asked that they amend it specifically to honor and grandfather the special, <br /> perpetual, contractual rights with the County under the terms by which Lake Orange was gifted <br /> to the County 40 years ago, so that nothing within the technical zoning change can be <br /> construed as going against those rights in any way. Secondly, the property owners of Lake <br /> Orange have endured decades of bad experience with the County and are mistrustful. Several <br /> County Commissioners and staff have been welcoming, forthcoming, and have worked in good <br /> faith. He thanked those people. He said that these people were the exception. He said that the <br /> assurance that this change would have no effect on properties is not strictly true. He read a <br /> resolution that was proposed by the Friends of Lake Orange, as follows: <br /> "In the interest of reestablishing mutual trust and good will, eliminating future avoidable <br /> misunderstandings that could further divert all involved from their other interests, <br /> responsibilities, and duties, as well as potential future involvement of remote third parties whose <br />