memorandum

to:                  Roger L. Stancil, Town Manager

from:            J.B. Culpepper, Planning Director

Gene Poveromo, Development Manager

subject:      Aydan Court, 2100 NC-54 East - Application for Special Use Permit

date:            February 9, 2009

INTRODUCTION

Tonight the Council continues the Public Hearing from October 20, 2008 for an application from Cazco, Inc. for a Special Use Permit to allow construction of a 58-dwelling unit multi-family development on a 5.8-acre site located on the north side of NC-54 across from Downing Creek Parkway in the Residential-1 (R-1) zoning district. The property is identified as Durham County Parcel Identifier Number 9798-03-94-6008.

The Council continued the Public Hearing at the December 8, 2008 business meeting at which further discussion and clarifications were made regarding information that the Council expected the staff to provide.

DISCUSSION

Accompanying this application is a Zoning Atlas Amendment application requesting to rezone the site. Please refer to the accompanying memorandum for a discussion of the proposed rezoning. We are recommending denial of the Zoning Atlas Amendment application. Approval of the Special Use Permit application is contingent on approval of the Zoning Atlas Amendment Application.

Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the Special Use Permit application.

RECOMMENDATION

Approval of the associated Special Use Permit application is contingent upon approval of the Zoning Atlas Amendment application. We therefore cannot make a recommendation on the Special Use Permit application at this time.

Our recommendation is that the Council adopt the Resolution opening and recessing the public hearing for the Special Use Permit application to March 23, 2009 pending approval of the Zoning Atlas Amendment application.

[See also the Town Manager’s memorandum]