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56 <br />Mr. Craig Benedict <br />November 17, 2000 <br />Page 14 <br />Tree Protection: Restrictive Covenants. In the revised plans <br />we have submitted for your consideration, areas have been <br />designated protecting the natural state of the tree coverage on <br />this property. (See Sheet C-5, in which the boundaries for each <br />and every lot have a highly restrictive buffer delineating the area <br />for primary tree protection.) Furthermore, the balance of each lot <br />has been encumbered with an area described as a secondary tree <br />protection area. This entire subdivision will be encumbered with <br />restrictive covenants which clearly spell out limitations on the <br />clearing of the natural vegetation. No clear-cutting will be <br />allowed on any lot except as may be minimally necessary for the <br />construction of the residence, any required out-buildings, <br />driveway, yard, garden, play area, or as.may be required by good <br />horticultural or forest management practices. To the extent <br />practical, clearing for all other areas shall not exceed an area <br />that would substantially affect the surrounding community, the <br />privacy of neighboring lots, or the likelihood of erosion. The <br />homeowners' association will have. an architectural review and <br />design committee which will be required to pass on.a proposed <br />landscaping plan prior to the construction of any residence and <br />pursuant to the restrictive covenants will have authority to <br />enforce these restrictions. <br />Additional Plantings. Finally, as an additional measure, Dr. <br />Diehl, in consultation with the staff of the Orange County Planning <br />Department, has agreed to provide additional plantings in six <br />specified areas along the interior of the subdivision. In each of <br />these planting zones, trees will be added to replace those removed <br />during the necessary clearing. The trees will include dogwoods and <br />redbuds, as specified on Sheet C-5 of the revised.plans. Please <br />note that that sheet depicts specific quantities and types of each <br />species to be added, along with planting sizes and heights. <br />Specifications further include the plantings of the loblolly pines, <br />Eastern red cedars and Leland cypress along the southern border <br />with I-40 and the southeastern border with Sunrise Road. <br />Potential Confusion Regarding Status of Subdivision A roval. <br />It has been suggested that there may be some confusion about the <br />status of the approval of this subdivision. I believe it is clear <br />in the minds of most people from the extensive media coverage that <br />this subdivision has not received the approval of the County <br />Commissioners. I have conferred with the marketing agents at <br />Pickett/Sprouse Realty and have been assured that in each and every <br />instance it has been accurately disclosed to potential buyers that <br />the developer is still in the process of seeking formal approval of <br />the subdivision from the County Commissioners, and that no <br />contracts can be accepted as final until such approval has been <br />received. In an abundance of caution, they have modified the <br />original sign advertising these lots for sale to indicate that the <br />approval of the County commissioners is in fact only pending. <br />Figure 19 shows the original sign and Figure 20 the current sign.