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Agenda - 11-14-2017 - D.2 - Unified Development Ordinance (UDO) and Zoning Atlas Amendments – Flood
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Agenda - 11-14-2017 - D.2 - Unified Development Ordinance (UDO) and Zoning Atlas Amendments – Flood
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11/14/2017 2:52:30 PM
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BOCC
Date
11/14/2017
Meeting Type
Public Hearing
Document Type
Agenda
Agenda Item
D.3
Document Relationships
2017-628 Statement of Approval and Consistency Of A Proposed Unified Development Ordinance Text Amendment With the Adopted Orange County 2030 Comprehensive Plan
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2017
2017-629 Statement of Approval and Consistency Of A ProposedZoning Atlas Amendment with the Adopted Orange County 2030 Comprehensive Plan
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2017
Minutes 11-14-2017
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\Board of County Commissioners\Minutes - Approved\2010's\2017
ORD-2017-024 Ordinance amending the Zoning Atlas by eliminating the Special Flood Hazard Area (SFHA) Overlay District as currently depicted on the atlas encumbering the identified parcels of property
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\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2017
ORD-2017-026 Ordinance adopting a new Flood Insurance Study (FIS) and new Flood Insurance Rate Maps (FIRMs) as produced by the State of NC and FEMA
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\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2017
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133 <br /> 276 Michael Harvey said yes, the County enforces a buffer measured from the edge of the Special Flood Hazard Area, <br /> 277 and if there are increases in the floodplain on one's property,then this buffer has also increased. <br /> 278 <br /> 279 Tony Blake said that the same logic applies here-enforcement action will not being taken immediately. <br /> 280 <br /> 281 Michael Harvey agreed and said that if there is development that was already in existence, the structure was legal at <br /> 282 the time of development. The fact that there was a change to the ordinance regarding floodplain would not be cause <br /> 283 for Staff to cite a property owner for violating the floodplain buffer requirements. <br /> 284 <br /> 285 Lydia Wegman said that all existing development is "grandfathered-in" (or still considered legal) but future <br /> 286 development may be affected as far as where it could go on the property. <br /> 287 <br /> 288 Mike Efland followed-up on his question and asked if the footage off of the floodplain would change. He noted where <br /> 289 the buffer was shown on the map he received. <br /> 290 <br /> 291 Michael Harvey reiterated that if the floodplain on Mr. Efland's property is increasing, the buffer will also be <br /> 292 increased, based buffer requirements in the UDO. Mr. Harvey said that the map shows the size of the buffer which is <br /> 293 based on the slope of property going into the floodplain. <br /> 294 <br /> 295 Lydia Wegman asked if the slope determines the setback on the property from the floodplain. <br /> 296 <br /> 297 Michael Harvey corrected setback to the floodplain buffer. <br /> 298 <br /> 299 Tony Blake said that the setback requirements referenced in the UDO are defined from the new floodplain buffer line. <br /> 300 <br /> 301 Michael Harvey agreed with this statement. <br /> 302 <br /> 303 Lydia Wegman said that the existing UDO buffer requirements remain in effect. <br /> 304 <br /> 305 Michael Harvey reiterated that the floodplain buffer requirements are not changing. <br /> 306 <br /> 307 Lydia Wegman asked Mr. Efland if that answered his question. <br /> 308 <br /> 309 Mike Efland replied that it did. <br /> 310 <br /> 311 Ed Johnson who lives off Buckhorn Road close to a creek questioned the fine-grain accuracy of floodplain maps. He <br /> 312 talked to Michael Harvey before the meeting about the positioning of his house within the floodplain. His house is <br /> 313 built on a flat slab but he said that the floodplain map shows his house half-in/half-out of the floodplain. He thinks this <br /> 314 is logically impossible. He wondered about the accuracy of the map and whether he is stuck with what is on the map <br /> 315 or if it can be nullified by the Board. <br /> 316 <br /> 317 Michael Harvey recommended that Mr. Johnson petition FEMA by writing a letter to request a map change. <br /> 318 <br /> 319 Lydia Wegman asked if this information helped answer his question and recommended that he reach out to FEMA <br /> 320 and talk with Mr. Harvey about his concerns further. <br /> 321 <br /> 322 Ron Spada, who lives on McKee School Road off of highway 57, said that his property is affected by increased <br /> 323 floodplain. He asked if there are programs for property owners to mitigate floodplain and erosion issues. The Little <br /> 324 River is behind his property. Is there anything that the state or County would help with, like with a retaining wall, for <br /> 325 example, to slow things down. <br /> 326 <br /> 327 Michael Harvey responded that there are hazard mitigation block grants available on the federal level that can <br /> 328 provide assistance for retrofitting. These grants are competitive and the County has to apply for them. Ten years ago, <br /> 329 the County applied for and received this grant and used it for elevation certificates for 70 homes during the last flood <br /> 330 maps review. Additionally, grants have been used to purchase people's homes that were in floodplains and turn the <br />
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