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2 <br /> The Town engineer has indicated that water and sewer capacity is available to <br /> serve this area, however, extensive off-site improvements/extensions will be <br /> required of the developer when a development is proposed. <br /> The Zoning Ordinance lists criteria which are normally used to determine the <br /> application of Residential-3 zoning. The purpose of an R3 district is to provide <br /> locations for low and moderate intensity residential development and supporting <br /> recreational, community service and educational uses in areas where urban <br /> services are available or are to be provided as part of the development process. <br /> The property is located in an area designated as Twenty Year Transition in the <br /> Land Use Element of the Orange County Comprehensive Plan. <br /> Public Hearing Comments <br /> A joint public hearing on the rezoning request was held by the Board of <br /> Commissioners and Planning Board on August 26, 1996. There were no <br /> comments from the Planning Board or Board of Commissioners. <br /> Judy Brown and Dean Lategan,both residents of Stagecoach Run, spoke in <br /> opposition to the request for certain lots that they indicated were originally a part <br /> of Stagecoach Run. They felt that the restrictive covenants applied to these lots. <br /> Dean Lategan indicated these lots were 1, 2,4 and 5 in Section A and Lot 1 in <br /> Section B. Arthur Cogswell and Mr. Charles Davis spoke in favor of the request. <br /> Mr. Davis indicated that these lots were eliminated in the 1980's and are now not <br /> subdivided. <br /> Geof Gledhill,the County Attorney, indicated that private restrictive covenants do <br /> not restrict the County from rezoning. The original covenants can be enforced by <br /> the Home Owners' Association regardless of the zoning. If the lots are part of the <br /> subdivision,the restrictions apply unless changed by the Homeowners' <br /> Association. Minutes of the public hearing are attached. <br /> The applicants have indicated they are willing to delete the lots or area in question <br /> from the rezoning request. A new letter and map have been submitted deleting <br /> this area(attached). <br /> In their October 3, 1996 meeting the Planning Board unanimously recommended <br /> approval of the request for a Zoning Atlas amendment, deleting the area in <br /> question, from Rural Residential(R-1)to Residential-3 (R-3)per the attached <br /> findings. <br /> RECOMMENDATION: The Administration recommends approval of the Zoning Atlas amendment <br /> request, deleting the area in question,per the Planning Board recommendation. <br />