ORD-2009-027 Resolution Amending the County Flood Damage Prevention Subdivision Zoning Atlas Ordinance

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r, AS, •Adopt the resolution (Attachment One (1)) that amends the FDPO, Zoning Ordinance text, Zoning Atlas, and Subdivision Regulations as detailed within the abstract Commissioner Gordon asked why the two members of the Planning Board voted against this and Planner Glen Bowles said that one voted against it because she was concerned that the County's regulations exceeded FEMA's, and she was also concerned about an enforcement case she was involved in. The other negative vote was against that vote. Commissioner Jacobs said that on page 75, some of the concerns were addressed in the memo about how to deal with maintenance to private roads and farm lanes. In looking at the Planning Board minutes, he said that it would be nice, if there is a minority vote, to see the names of the people who voted in the minority. Commissioner Jacobs said that the reason he pulled the February 23rd minutes from the consent agenda was because he did not understand the first paragraph about his comment. He asked for clarification on this. Craig Benedict said that the question was whether people within 500 feet of the affected property would be affected by this and he answered that they would not, but the zoning code requires that the property owners be notified. Commissioner Yuhasz said that at the last Quarterly Public Hearing, he expressed concerns about adopting these changes into the zoning ordinance, particularly with respect to zoning on bona fide farms. He said that the Flood Damage Prevention Ordinance was designed to do something different than the zoning ordinance and it is not wise to include these requirements within the zoning ordinance. He thinks that there are likely to be unintended consequences to people as the zoning regulations are enforced through and in these flood plains. He will vote against this for those reasons. Commissioner Jacobs said that there was considerable discussion by the Planning Board about the way in which this was or was not to be applied to bona fide farming. He asked Geof Gledhill for his opinion about how the County should regard bona fide farms and regulating flooding on land that is used in bona fide farming operation through the zoning ordinance. Geof Gledhill said that a Flood Damage Prevention Ordinance is a zoning ordinance because it meets the definition of a zoning ordinance. This is the main reason that the Administration recommendation is to put this into the zoning ordinance. He thinks that Orange County has two zoning ordinances right now. The bona fide farm exemption, in his opinion, is not likely to be significant, even if there is a challenge to the application of the flood damage prevention regulations to bona fide farming operations. He said that the fact that the North Carolina Land Use Regulation Authority exempts bona fide farms and these federally- sponsored and federally- funded flood damage prevention regulations do not recognize that is, in his judgment, an issue that could be addressed by the General Assembly. NO PUBLIC COMMENT A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to close the public hearing, and adopt the resolution (attachment one) that amends the FDPO, Zoning Ordinance text, Zoning Atlas, and Subdivision Regulations by: a. Incorporating the amended FDPO text into the Zoning Ordinance text; b. Creating a new Zoning Overlay District — Special Flood Hazard Areas (SFHA) for inclusion on the Zoning Atlas; c. Affirming the various amendments to the FIRM (future SFHA Overlay District) that FEMA approved on February 2, 2007;