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Attorney Vitunac added that the Growth Management Plan has a <br />requirement that the County enter into negotiations with the <br />cities to allocate the available traffic capacities on the road <br />network, and the Town of Orchid is one of these entitites. <br />However, there is no legal document that will protect the <br />County's interest in what the Town wishes to do with respect to <br />its own zoning, Comp Plan, densities, etc. He believed that, <br />legally, the Town of Orchid is a threat to the County's Zoning <br />Code, because there are too few people living in it to affect the <br />transition of power if there is a bad vote, and also because the <br />Town is owned 100% by a land developer. <br />Chairman Scurlock questioned, if the Town is willing to <br />agree to densities and a transportation allocation that is <br />consistent with the County's Comprehensive Land Use Plan for the <br />barrier island, what the purpose is of having a town in the first <br />place. <br />Commissioner Bowman remembered that in 1965 when the Town of <br />Orchid was formed, it was thought even then that it was a very <br />dangerous situation. <br />Chairman Scurlock asked about the possibility of <br />deannexation, and Attorney Vitunac advised that it is legal for a <br />town to contract. <br />Planning 6 Development Director Robert Keating noted that <br />under new land use legislation, the County does have a lot more <br />responsibility and review power with respect to changing the Comp <br />Plan. Orchid's Comp Plan was prepared several years ago before <br />the County had the ability to review it and take action on local <br />comp plans, and when staff did review it, they found that it is <br />very general and not specific enough to set certain densities. <br />If Orchid wanted to change their plan substantially, they would <br />have to be reviewed by the County, the region, and the State. <br />The appeal would be to the Governor in the long run. <br />Attorney Vitunac believed that we just have the power to <br />41 <br />BOOK 65 r,�ct 774 <br />4 <br />