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•Affirming the various amendments to the FIRM Map; and <br /> •Correcting definitions and references in the text of the Subdivision Regulations to reflect FDPO <br /> terminology. <br /> Administration Recommendation: <br /> •Receive the Planning Board recommendation, <br /> Close the public hearing, and <br /> •Adopt the resolution (Attachment One (1)) that amends the FDPO, Zoning Ordinance text, <br /> Zoning Atlas, and Subdivision Regulations as detailed within the abstract <br /> Commissioner Gordon asked why the two members of the Planning Board voted against <br /> this and Planner Glen Bowles said that one voted against it because she was concerned that the <br /> County's regulations exceeded FEMA's, and she was also concerned about an enforcement <br /> case she was involved in. The other negative vote was against that vote. <br /> Commissioner Jacobs said that on page 75, some of the concerns were addressed in <br /> the memo about how to deal with maintenance to private roads and farm lanes. In looking at the <br /> Planning Board minutes, he said that it would be nice, if there is a minority vote, to see the <br /> names of the people who voted in the minority. <br /> Commissioner Jacobs said that the reason he pulled the February 23rd minutes from the <br /> consent agenda was because he did not understand the first paragraph about his comment. He <br /> asked for clarification on this. <br /> Craig Benedict said that the question was whether people within 500 feet of the affected <br /> property would be affected by this and he answered that they would not, but the zoning code <br /> requires that the property owners be notified. <br /> Commissioner Yuhasz said that at the last Quarterly Public Hearing, he expressed <br /> concerns about adopting these changes into the zoning ordinance, particularly with respect to <br /> zoning on bona fide farms. He said that the Flood Damage Prevention Ordinance was designed <br /> to do something different than the zoning ordinance and it is not wise to include these <br /> requirements within the zoning ordinance. He thinks that there are likely to be unintended <br /> consequences to people as the zoning regulations are enforced through and in these flood <br /> plains. He will vote against this for those reasons. <br /> Commissioner Jacobs said that there was considerable discussion by the Planning <br /> Board about the way in which this was or was not to be applied to bona fide farming. He asked <br /> Geof Gledhill for his opinion about how the County should regard bona fide farms and regulating <br /> flooding on land that is used in bona fide farming operation through the zoning ordinance. <br /> Geof Gledhill said that a Flood Damage Prevention Ordinance is a zoning ordinance <br /> because it meets the definition of a zoning ordinance. This is the main reason that the <br /> Administration recommendation is to put this into the zoning ordinance. He thinks that Orange <br /> County has two zoning ordinances right now. The bona fide farm exemption, in his opinion, is <br /> not likely to be significant, even if there is a challenge to the application of the flood damage <br /> prevention regulations to bona fide farming operations. He said that the fact that the North <br /> Carolina Land Use Regulation Authority exempts bona fide farms and these federally-sponsored <br /> and federally-funded flood damage prevention regulations do not recognize that is, in his <br /> judgment, an issue that could be addressed by the General Assembly. <br /> NO PUBLIC COMMENT <br />