Agenda - 10-15-1996 - 8k - Laserfiche WebLink

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30 Geof Gledhill,County Attorney,indicated that private restrictive covenants do not restrict the County from rezoning. The original covenants can be enforced by the Homeowners' Association regardless of the zoning. If the lots are part of the subdivision,the restrictions apply unless changed by the Homeowners' Association. Minutes of the public hearing are attachments to these minutes on pages The applicants have indicated they are willing to delete the lots or area in question from the rezoning request.This reduces the request from 105 acres to 99 acres. A new letter and map have been submitted deleting this area attachment on pages ). The Planning Staff recommends approval of the request for a Zoning Atlas Amendment,deleting the area in question,from Rural Residential(R-1)to Residential-3(R-3)per findings(attachment on pages ). Barrows thanked the developer for taking into consideration the concerns of the residents of Stagecoach Run. Katz asked about the impact if this is developed at R-3 and the Economic Development District is developed directly adjacent to it. What kinds of problems will we be creating for ourselves. Kirk responded that there are buffer requirements for the R-3 and the Economic Development District. Willis also noted that that issue was addressed when the economic development districts were created with the primary and secondary areas and the land use buffers. Brown asked for clarification of R-3. Kirk responded three units to the acre; basically 15,000 square feet minimum lot size. Brown continued asking if a development plan will be coming in after this rezoning. Kirk responded that he did not know of such a plan. Water and sewer plans would have to be provided in order to present a plan. Kirk clarified that the rezoning was initiated by the owners of the property. Brown asked if commercial development could be done in an R-3 district. Willis responded that the applicant could have proposed a planned development. A planned development can be more expedient because the site plan,rezoning and subdivision are approved at one time. The applicant chose to pursue a straight rezoning at this time.Anything else that the applicant wishes to do, must go through another process. Willis noted that one advantage to going through one step at a time is the tremendous amount of work that must be done in preparation for a planned development submittal. If,for some reason it was not approved,there would have been a much greater loss of time and money in preparing the application. In response to a question regarding location of water and sewer to the area,Kirk indicated the location on a map. Strayhorn stated he felt this property and location is wrapped up in high density similar to those around Carrboro and Chapel Hill. He felt such developments would take the pressure off the rural areas. It is easier to provide water and sewer and he felt areas such as this is where higher density should be.