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.Process to incorporate thdF]RM into the Zoning ordinance as a new y <br />overl' district and to incorporate <br />a <br />suggested by the September 14, 2005 letter from Cheryl A. Perry <br />the FDPO into the Zoning Ordinance as " This was never done.. Now, <br />and the December 12, 2006 letter from the County Attorney's Office <br />instead of fallowing the recommendations of this office and the authority given to the Planning <br />Department by the BOCC for amending the FDPO and incorporating the same into the Zoning Ordinance, <br />the Planning Department has cho sen 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 i6flow the zoning ordinance <br />Ordinance, which requires of the Zonirequires a public, hearing on <br />amendment process set forth in Article <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 Hood 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 t6 adopt the amendnients <br />without incorporating the FDPO into the County's cinrent. Zoning Ordinance, then the FDPO 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 for adoption of the necessary Zoning Ordinance <br />Amendments by March of this year in your November 12, 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, GLEDHILL, HARORAVEI & PEEK P.C. <br />Brian M. Ferrell <br />Attachments <br />Laura Blackmon <br />Glen Bowles <br />Geof Gledhill <br />Annette Moore <br />97 <br />