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97 <br />process to incorpoxate the FIRM into the Zoning Ordinance as a new overlay district and to incorporate <br />the FDPO into the~Zoning Ordinance as suggested by the September 14, 20051etter from Cheryl A Perry <br />and the December 12, 2006 letter from the County Attorney's Office." This was never done.. Now, <br />instead of following the recommendations of this office and the authority given to the Planning <br />Department by the BOCC for amending the FDPO and incorporating the scene into the Zoning Ordinance, <br />the Planning Department has chosen to move forward with amendments to the FDPO as a standalone . <br />ordinance. I understand you are concerned that there is not enough time to follow the zoning ordinance <br />amendment process set forth in Article 20 of the Zoning Ordinance, which requires a public hearing on <br />the amendments followed by a referral of the amendments to the Planning Board for recommendation <br />before returning the amendments to the BOCC for 'a final vote, before FEMA removes Orange County <br />from the Federal Flood Insurance Program. <br />As I wrote previously, if the Planning Department moves forward with the public hearing on the. <br />FDPO amendments on January 22, 2009 followed by a request by the BOCC to adopt the amendments <br />without incorporating the FDPO into the County's current Zoning Ordinances then the FDFO may be <br />subject to legal challenge on the grounds that the zoning regulations were not adopted pursuant to the <br />requirements .of State law. For the reasons stated in this letter, and for the reasons stated in our letters to <br />the Planning Department of December 12, 2006 and January 5, 2007, we recommend that the FDPO be <br />incorporated into the County's Zoning Ordinance and Zoning Atlas by amendment as set forth in Article <br />20 of the Zoning Ordinance. _ <br />You outlined this same process and a timeline far adoption of the necessary Zoning Ordinance <br />Amendments by March of this year in your November I2, 2008 letter to Kenneth W. Ashe. We <br />recommend you follow through on the proposal you submitted to Mr. Ashe in your November 12, 2008 <br />letter. . <br />Please let me know if you have any questions regarding this letter. <br />Best Regards, <br />COLEMAN, GLEDHII.,L, HA,RGRAVE, & PEEK P.C. <br />Brian M. Ferrell <br />Attachments <br />cc: Laura Blackmon <br />Glen Bowles <br />Geof Gledhill <br />Annette Moare <br />