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LAW OFFICES <br />COLEMAN, GLEDHILL & HARGRAVE <br />A PROFESSIONAL CORPORATION <br />129 E. TRYON STREET <br />P. O. DRAWER 1529 <br />HILLSBOROUGH, NORTH CAROLINA 27278 <br />(919) 732 - 2196 <br />FAX (919) 732.7997 <br />November 2, 1995 <br />Mr. Gene Bell <br />Orange County Planning Department <br />Post Office Box 8181 <br />Hillsborough, North Carolina 27278 <br />ALONZO BROWN COLEMAN, JR. <br />GEOFFREY E. GLEDHILL <br />DOUGLAS HARGRAVE <br />KIM K. STEFFAN <br />JANET B. DUTTON <br />DOUGLAS P. THOREN <br />SAMUEL ELY COLEMAN <br />RE: Report of the Stoney Creek Basin Small Area Plan <br />Property Value /Rights Subcommittee <br />Dear Gene: <br />I have reviewed the draft report of the Stoney Creek Basin <br />Small Area Plan Property Value /Rights Subcommittee that was with <br />your October 131 1995 facsimile transmission and with your <br />October 16th memorandum to the Stoney Creek Basin Planning Group <br />members and alternates. The only area of "concern" that I have <br />is in the third paragraph of the Perceived versus Actual Rights <br />section. I would rewrite that section as follows: <br />Property rights include protection from an arbitrary <br />decrease of density (downzoning); but they do not include <br />the automatic right to any particular density and the <br />right to a greater density than permitted by current <br />regulations through the use of government enhancements, such <br />as rezoning or new water and sewer service. Generally <br />speaking, changes of density, up or down, absent <br />arbitrariness, are policy decisions, not rights. <br />I would also make the editing changes indicated on the Proposal <br />section of the document which is enclosed. <br />I hope my inability to meet your requested timeline was not <br />a problem. The long weekend you gave me was not enough time and <br />things are as busy as you can imagine them to be. <br />Very truly yours, <br />COLEMAN,/ GLEDHILL & HARGRAVE, P.C. <br />fr'ev 13. 'Gledhill <br />GEG /lsg <br />Enclosure <br />1sg \home3 \be11.1tr <br />