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• O5 <br /> eOLEMAN. BEUN IOI.Z. DICKERSON. <br /> QER`UOLZ. GLEDHILL & HARGRAVE <br /> ATTORNEYS AT LAW <br /> 110 CHURTON STREET <br /> HILLSDOROUGH. N.C. 27278 <br /> 919-732.2196 <br /> 919-942-8000 <br /> CHAPEL <br /> UITE 20 HILL OFFICE BUILDING October 3, 1986 <br /> t37 E.FRANKLIN STREET <br /> CHAPEL HILL.N.C.27314 - <br /> 919-929.7151 <br /> ALONZO B.COLEMAN.JR. <br /> STEVEN A.BERNHOLZ <br /> DONALD R.DICKERSON <br /> ROGER B.BERNHOLZ E. <br /> DOUGLASYIHARGRAVEILL Mr. Marvin Collins <br /> MARTIN J. BERNHOI.Z <br /> RICHARD J. SNIDER.JR. Director <br /> KAREN J Orange County Planning Department <br /> 106 East Margaret Lane <br /> BONNER D.SAWYER Hillsborough, North Carolina 27278 <br /> (1902-1972) <br /> Re: Amendment to Orange County's Comprehensive. <br /> Plan - Adopted Joint. Planning Area Land Use <br /> Plan <br /> Dear Marvin: <br /> We recently spoke about the relationship between <br /> the recently adopted amendments to Orange County's <br /> Comprehensive Plan in the Joint Planning Area and the <br /> existing Orange County Subdivision Regulations and <br /> Zoning Ordinance. Specifically, the concern was, to <br /> what degree does the Comprehensive. Plan control, define <br /> or limit specific development requests. <br /> For the most part I will be unable to answer this <br /> question except on a case by case basis. That is, the <br /> application of the recently amended Land Use Plan to <br /> specific developments will depend on the zoning and. <br /> subdivision ordinance provisions affected by the <br /> proposed development. For example, we recently <br /> discussed and resolved this question in the context of <br /> recreation and open space area. requirements.. The <br /> designation in the Land Use Plan of resource <br /> protection, water quality critical and perhaps other <br /> public/private open space areas provide Orange County <br /> with the basis for requiring dedication of any such <br /> areas within a proposed development or alternatively <br /> payment in lieu Of dedications. even though this seems <br /> fairly straightfoiiiardi individual cases will present <br /> questions. I understand from Gene Bell that questions <br /> have already come up concerning the meaning of certain <br /> provisions of the "Recreation Sites" section of the <br /> Subdivision Regulations. <br /> Perhaps the question which might arise most <br /> frequently is the application of the portion of the <br />