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074 <br /> meeting on January 3, 1989. <br /> The Staff analysis presented at the January 3 meeting <br /> indicated that the property was outside the node and <br /> was incorrectly zoned in 1981. As a means of <br /> addressing Mr. Kennedy's concerns about non-conforming <br /> status, zoning ordinance text amendments broadening <br /> the scope of the EC-5 district were proposed. Mr. <br /> Kennedy was not pleased with this suggestion and was <br /> instructed to meet with Planning Staff to discuss <br /> alternatives. <br /> Mr. Kennedy met with the Planning Director and Planner <br /> III's on January 18 to discuss the case. He again <br /> indicated his opposition to the proposed rezoning of <br /> his property to EC-5. An amendment to the Land Use <br /> Element of the Comprehensive Plan was identified as <br /> the only alternative which would provide consistency <br /> between the Zoning Atlas and the Comprehensive Plan. <br /> Mr. Kennedy indicated his approval of this suggestion. <br /> The proposed amendment would enlarge the existing 20- <br /> Year Transition Area that abuts the area on the south <br /> and which includes the other three quadrants of the <br /> U.S. 70/1-85 interchange. Property other than that <br /> owned by Mr. Kennedy is included in the proposal, <br /> since it adjoins the access road which parallels U.S. <br /> 70 and 1-85, is in the path of Durham's urban growth <br /> 411 <br /> corridor, and would result in a uniform expansion of <br /> the Transition Area to the south. <br /> Because of the origin and nature of the request, the <br /> Planning Staff conducted two separate evaluations of <br /> the area. The first included the entire 25.44-acre <br /> area at the intersection of Pleasant Green Road and <br /> U.S.70. The second analysis included only the <br /> property of Mr. Johnny Kennedy (10.14 acres) . Both <br /> evaluations are included as attachments to this agenda <br /> abstract. <br /> RECOMMNDATION: The Planning Staff recommends against changing the <br /> Land Use Element designation on the 25.44-acre area <br /> due to anticipated adverse impacts on the Eno River. <br /> However, the evaluation of the Kennedy property only <br /> (10.14 acres) indicated that while impacts could be <br /> expected, opportunities for mitigating them were much <br /> greater. The Staff thus recommends approval of <br /> changing the designation on the Kennedy property from <br /> Rural Residential to 20-Year Transition. <br /> A related proposal (See Item #D.5.e. ) to amend the <br /> Zoning Ordinance text is also available for the <br /> Commissioners consideration. That amendment, if <br /> approved, would permit mail order houses in commercial 410 <br />