Orange County NC Website
Browse       Search
2 <br /> understanding that the property was in the activity <br /> node and was correctly zoned. The Planning Staff was <br /> directed to investigate the node status of the <br /> property and report back to the Commissioners at their <br /> meeting on January 3, 1989. <br /> The Staff reported at the January 3 meeting that the <br /> property was outside the node and was incorrectly <br /> zoned in 1981. As a means of addressing Mr. Kennedy's <br /> concerns about non-conforming status, zoning ordinance <br /> text amendments broadening the scope of the EC-5 <br /> district were proposed. Mr. Kennedy was not pleased <br /> with this suggestion and was instructed to meet with <br /> Planning Staff to discuss 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 /> an alternative which would provide consistency between <br /> the Zoning Atlas and the Comprehensive Plan. Mr. <br /> 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 I-85, is in the path of Durham's urban growth <br /> corridor, and would result in a uniform expansion of <br /> the Transition Area lying 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) . <br /> This matter was presented at public hearing on <br /> February 27, 1989. Concerns relative to the proximity <br /> of the Eno River State Park were made by Carol <br /> Tingley, N.C. Department of NRCD, Division of Parks <br /> and Recreation. Comments in favor of the amendment <br /> were made by the applicant and a nearby property <br /> owner. <br /> On April 4, 1989, the Planning Board considered this <br /> item for recommendation. A motion to deny the proposed <br /> land use plan amendment failed 5-4, and a subsequent <br /> motion to approve the proposed amendment also failed <br /> 5-4. Therefore, this item appears before the Board of <br />