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4 <br />of the reservoir, the effective date of the rezoning and SUP for the Development is <br />March 31, 1998. <br />Work began on Phase 1 of the Development shortly after the effective date of the <br />rezoning and SUP. The Final plats for Phase I were recorded on January 31, 2000. The <br />project has progressed over the last 7.5 years at a pace that complies with the intervals <br />prescribed in the SUP. Two sections of the multi-family portion of the Development <br />(Phase II-B) and the final phase of the single-family portion of the Development (Phase <br />IV) are yet to be constructed. Several development companies have been involved in <br />the various phases of the Development since construction began. Newland <br />Communities is the developer of phases 3 and 4 of the single-family portion of the <br />Development. Beazer Homes is the developer responsible for the first section of the <br />multi-family portion of the Development. The word "developer" is used generically in <br />this report to refer to the builder having responsibility for a particular phase. There are <br />currently two separate homeowner associations that enforce the private restrictive <br />covenants applicable to the residential portion of the Development. The Churton Grove <br />Home Owner's Association (the "Master HOA") governs the single-family portions of the <br />development, and the Braddock Park Home Owner's Association governs the first <br />section of the multi-family portion of the Development (the "Braddock Park <br />HOA")(collectively the "HOA"). <br />Preliminary Issue <br />The majority of the concerns raised by Mr. Buck request a response as to the <br />"legal opinion" of the Board in relation thereto. However, the Zoning Officer is given the <br />authority under Article 23 of the Orange County Zoning Ordinance to investigate and <br />inspect potential zoning violations of the type alleged in Mr. Buck's letter and not the <br />County Attorney. Therefore, the Planning Supervisor, in conjunction with the Zoning <br />Officer, is the appropriate County personnel to investigate and respond to the concerns <br />of the Churton Grove residents in this instance. <br />The document written by Mr. Buck titled "Developer Concerns at Churton Grove" <br />contains several fundamental flaws that require clarification before the substance of the <br />individual concerns are addressed. Page 2 of the Developer Concern document states <br />that "[t]he citations in this document refer to the Code of Ordinances for Orange County, <br />North Carolina May 2, 2006; Supplement No. 7, Update 1)." This is an apparent <br />reference to the collection of Orange County ordinances published online by Municode. <br />This is an unofficial version of Orange County ordinances that is not regularly updated <br />and does not follow the official ordering of official Orange County ordinances. <br />Therefore, it is necessary to cross-reference the Municode sections cited within Mr. <br />Buck's document to the current official version of the County Zoning Ordinance in order <br />to properly evaluate the substance of Mr. Buck's concerns. Mr. Buck's citations to the <br />Municipal Code are further confused by the fact that the controlling zoning regulations <br />for this Development are not the current regulations,. but the regulations that were in <br />place at the time the SUP was granted in 1986. <br />Finally, Mr. Buck mentions in his letter that Braddock Park is an individual <br />subdivision. Braddock Park is, in actuality, the multi-family component of the Churton <br />Grove Planned Development; it is not considered to be a separate development or <br />