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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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134 <br /> 331 area into open space. The County does not have an allocation for funds for hazard mitigation and federal aid is being <br /> 332 reduced and/or re-routed to municipalities majorly hit by flood events like hurricanes. <br /> 333 <br /> 334 Tony Blake asked if the USDA could help in any way. <br /> 335 <br /> 336 Michael Harvey responded that he does not think that the USDA has a program designed to help with flood <br /> 337 management issues. <br /> 338 <br /> 339 Lydia Wegman said that the question comes back to FEMA having funding for local block grants and that they <br /> 340 unfortunately have a huge demand on their resources right now. <br /> 341 <br /> 342 Michelle Dickson/Dixon said that she inherited her property from her husband, the late Mitchell Dickson/Dixon. Based <br /> 343 on the new maps, her property will no longer be in a floodplain. She wanted the Board to know that in 1998 there was <br /> 344 a permit granted to put a road in right through the identified floodplain. Unfortunately, even though there was a road <br /> 345 built, it was not built through the property and now Ms. Dickson is landlocked. She is concerned that the Planning and <br /> 346 Inspections Department has an inaccurate permit on file for the road, which was built around the floodplain, not <br /> 347 through the property as originally described when the permit was granted. Now the issue is that she cannot access <br /> 348 the property and the changing floodplain area does not help the long-standing problem. <br /> 349 <br /> 350 Lydia Wegman asked if Michael Harvey or Craig Benedict would be able to address the speaker's concerns. She <br /> 351 said that the Planning Board would not be able to change the situation. <br /> 352 <br /> 353 Michael Harvey said that the Planning Department has a flood development permitting process that allows for <br /> 354 development in a floodplain, roads being the biggest example (or utilities). If this type of development provides the <br /> 355 only viable legal access to someone's property, the department would not be able to prohibit that outright. Mr. Harvey <br /> 356 asked Ms. Dickson to make an appointment with him so that he can look into the matter more directly. <br /> 357 <br /> 358 Tony Blake asked if it is possible for someone to be landlocked out of their property due floodplain. <br /> 359 <br /> 360 Michael Harvey said that roadways are allowed to be developed in a floodplain, otherwise a property owner would be <br /> 361 landlocked and the land would lose value. <br /> 362 <br /> 363 Tony Blake said that there would be different requirements for development a road. <br /> 364 <br /> 365 Michael Harvey replied that the County and the state FEMA office would have certain requirements for this <br /> 366 development. There would have to be a "no rise" certification meaning that the development of the road would not <br /> 367 cause an increase in floodplain. <br /> 368 <br /> 369 Lydia Wegman noted that in the case of Ms. Dickson, the floodplain decreased. <br /> 370 <br /> 371 Michael Harvey said that he would need to look at the specifics of her case. <br /> 372 <br /> 373 Michelle Dickson noted that the property still floods and that she would talk to Mr. Harvey about the issue further. <br /> 374 <br /> 375 Lydia Wegman asked if there was anyone else who would like to speak on this matter. Hearing no one else, she <br /> 376 thanked members of the public. She then asked Mr. Harvey to remind her of the recommendation. <br /> 377 <br /> 378 Michael Harvey repeated the recommendation (see motion below). <br /> 379 <br /> 380 Tony Blake asked if the recommendations should be made in individual motions. <br /> 381 <br /> 382 Michael Harvey suggested that the Board could approve the Planning Director's recommendation in total. <br /> 383 <br /> 384 MOTION by Tony Blake to approve the Planning Director's recommendation in total - to approve the Statements of <br /> 385 Consistency for proposed Zoning Atlas Amendments in Attachment 3, the ordinance amending the zoning atlas in <br />
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