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February 19, 1982 The Honorable Mayor and Members of City Counci! Re: Zoning Amendment Ordinance Z-81-14 D~ar Mayor and Council Members: The above-referenced Zoning Amendment Ordinance ms on your Agenda for action on second reading and its adoption will rezone Parcel 3 as shown on the attached plat to R-75-K Conditional, which is based upon the proffer tendered by the trustees of the Home Armistead Estate and will limit the development of said Parcel 3 to 71 units. Parcel 4 as shown on the attached plat is also rezoned by the adoption of this Ordinance to R-100, which will be limited by virtue of the restrictions in said zoning district to the development of eight (8) single-family units on plots of t0,OOO square feet. The proffer from the estate also indicates that Parcel 2 on the attached plat will be reserved for recreation use but not dedicated to the City of Portsmouth. Such parcel is not included within the Zoning Amendment Application Z-81-!4 and is, ~herefore, not a valid condition that may be placed upon said amendment ordinance. .The parce! is currently Zoned R-150, and in the absence of a deed covenant or restriction, the use Of said Parcel 2 ms restricted only by its current zoning. It should, however, be noted that the developer indicates that said parcel will be set aside as a recreational area and would stay under the ownership and responsibility ~of the developer. This, however, cannot be enforced by the City of Portsmouth under the current zoning. The staff of ~he Planning Co~amission and the office of the Citv Attorney respectfully suggest that such technicality ~euid nee aiverse!y imeact upon the proposed rezoning of Parcel 3 and 4 in ~hat such Parcel 2 as well as Parcel t would remain zoned R-150 and serve as a buffer between the existing Armistead Forest propersy zoned R-150 to the north of Magnolia Drive and Parcels I and 4 being rezoned by Z-8t-i4.