 So though so though it should be like on there. Yeah, so you'll just close their presentation down This the PowerPoint is the adobe is right here Adobe's in the middle. Yeah, right there But she said but she said you can go When you open up the adobe you can go control l to get to the full screen and then If you want to zoom in you can go control and then plus plus plus Okay, and then she said if you want and then I guess you can Use to go down. I guess you can use the mouse to pan around Yeah You Here comes Tom good afternoon Welcome to the Durham Planning Commission The members of the Durham Planning Commission have been appointed by the City Council and the County Board of Commissioners as an advisory board to the elected officials You should know that the election officials have the final say on any issue before us tonight If you wish to speak on an agenda item tonight Please go to the table to my left and sign up to speak for those of you who wish to speak Please state your name and your address clearly when you come to the podium Please speak clearly and into the microphone each side those speaking in favor of an item and those speaking in opposition to an item will have 10 minutes to Present for each side the time will be divided among all persons wishing to speak finally All motions are stated in the affirmative if a motion fails or ties the recommendation is for denial Thank you We're ready for the roll call. Mr. Alturk Mr.. Brun resident mr. Busby miss Freeman Mr. Ghosh Mr.. Gibbs Mr.. Harris present mr. Hornbuckle present miss Hammond Mr.. Johnson mr. Kinchin Mr.. Miller here mr. Van present mr. Whitley Let the record show that I have received excuse absences for two members Commissioner Freeman and commissioner Gibbs and I so move Second it has been moved and properly second that we approve the absences for Commissioner Gibbs and commissioner Freeman all in favor of this motion Let it be known by the usual sign of aye All opposed Thank you. Are there any adjustments to the agenda? Madam chair, this is Scott Weidman from the planning department Commissioner Gouche had contacted our our office about some concerns with case TC-1602 and Talking over what the issues he He brought to our attention internally with our attorney's office and our transportation office We we do believe that they deserve some further fleshing out So we'd request that you defer that item and we'll bring it back at a later date, okay? Are there any adjustments for the adjustments to the agenda? Question Yeah, we would ask for a deferral and then we can we'll bring it back and re-advertise it when whenever it's ready Okay Let me check to see if there are any individuals here to speak on this item the transportation impact Analysis Technical changes Susan if you could take a look to see if anybody has signed up Okay, if there are no Additional individuals if there are no individuals to speak Then we will go ahead and make the adjustment and remove this item So I think the you need to make a motion to refer it back to staff. Okay, I don't care I Move that we defer TC one six zero zero zero zero two To a further date future date Commissioner Harris made the motion Commissioner Busby second that we defer the Transportation impact analysis for a later date all in favor of this motion let it be I have a question I made before we vote. Okay, would you prefer that we defer it or continue it? Yeah, and we're not sure with not knowing how long it'll take and not wanting to be Risking being the only item on your December agenda. We'd prefer we prefer that you just to defer it an additional question All in favor of the motion let it be known by raising your right hand All opposed The motion carries Everybody didn't know Was it 11 to okay? Thank you Okay, no other adjustments to the agenda then we will proceed with approval of the minutes Susan let the record reflect the two additional commissioners have arrived commissioner kitchen and commissioner Whitley Madam chair that you want to add something to the agenda under announcements Appointment I'd like to do it when we know you need to do it now. You're modifying the agenda now, okay? Then I'm modifying the agenda. I need to make an announcement about appointments Board appointments Recognize commissioner Brian If there are no other changes, I'm going to move that we approve the agenda as amended Hmm second commissioner brine and made the motion commissioner buzz be second All in favor of approving the agenda with the adjustments let it know be known by way raising your right hand All opposed Thank you. All right, we'll move to the public hearings Okay, I'm sorry Okay, we Need a motion to approve the minutes so move Commissioner brine has a question. I'd like to offer a substitute motion And that is that we approve the minutes with the attached consistency statement second Commissioner brine Made the motion to approve the minutes with the attached consistency statement Commissioner brine Buzz be seconded all in favor of this motion. Let it be known by raising your right hand Another question You want to take I do have a minor correction to the minutes under roll call Commissioner buzz be is listed twice and commissioner Harris is not listed at all The record us us twice is good in that meeting And we brought it to the attention of the clerk, so we've made the adjust Move the question all in favor Okay, I'm sorry all in favor of the motion to approve the minutes with the consistency statement approved body Don't let it be known by raising your right hand got you All opposed Thank you. Now we have approved the minutes All right, we're ready for the public hearings the first item listed Staff Report for the first item which is the towns of South Point item number z1 500 or two Good evening Good evening Kyle Taylor with the planning departments. I will be presenting zoning case z15 0 0 0 42 the towns at South Point You previously heard this case at your July 12th meeting the project did receive a Recommendation against at the last pro at the last meeting since that time the applicant has made changes to the development plan And as such as in for in front of you again The changes this include reducing the density did a PDR 5.9 1 8. It was previously 7.609 Reducing unit count to 49 units 48 townhomes and one single-family units Removing text commitment for which required the construction of a chain link fence Adding new text commitment 5 which required the development to provide a dogway station Add new text number 6 which limits the development to townhomes and the preservation of single-family homes add New text commitment 7 which requires the development to provides Stripe cross-block across Barbie Road revised design commitment 1c with language about color palettes and masonry accent and Design commit 1d which requires to 16-inch offset per every building of four units or more and removing the additional approval note regarding the fence and Adjusting the building and parking envelope in the northwest corner of the site So the rest of this information be same as was previously presented minus those modifications the applicant for this project is Jason Clayton the it isn't within the city's jurisdiction the request is from RS 20 to PDR 5.9 1 8 The acreage is 8.28 acres and the request is for 48 townhome units and preservation of the existing Single-family home located at 6304 Barbie Road This project consists of three parcels the site is located at 630 0 6 to 0 0 and 6304 Barbie Road directly north of the northwest quadrant of intersection of I 40 and Barbie Road This project is located within the suburban development tier and the MTC I 40 in FJB watershed overlays This project does meet the requirements of the PDR zoning district as outlined on the staff and in the development plan of your bracket the existing conditions of age this site is currently heavily wooded and vacant with the Exception of 6308 Barbie Road, which is currently developed as a single-family residential home This project meets the requirements for a development plan for the PDR zoning district The proposed conditions commits to two side access points one for the single-family home and the other located for the rest of the project the Location of the building and parking envelope and general location of tree preservation areas The development plan also commits to a maximum residential Density of 47 residential units to external site plans the impervious surface will not exceed 40% or 3.24 acres a tree coverage of 20% and as I stated earlier the geographic commitments are general location of side access points tree coverage Location of multi-family building and parking envelope site and the size and location of project boundary buffers There is a number of text commitments on this project They all remain the same with the exception of the ones that I outlined earlier, and they can be found in the following slides This project is consistent with the future land use map which designates this area as low medium density residential Staff has determined that the proposal is consistent with the comprehensive plan and policies outlined on this slide and in the staff report And staff determined that this request is consistent with the comprehensive plan and applicable policies and ordinances Thank you and staff is available for any questions We have a number of people who have signed up to speak In favor of this project that I'm gonna start with there It looks like one two three four five six so about two minutes each Susan and We'll start with the first individual for Ken Spaulding Good afternoon members of planning commission. My name is Ken Spaulding. I represent the applicant in this matter as was pointed out You've seen this development previously you did rule upon it After that that at that time was seven point six units an acre After that the developers got in touch with me and asked that we assist them on it We had an agreement that I would work with them and we would work together on it And we both felt that it was important to get back with the neighborhood and to have continued neighborhood meetings We did that we had two neighborhood meetings The first one 20 people were there the second one seven people were there in the interim between that after the first meeting The neighborhood representative miss Shonda Allen called and asked if she could join us and join the team as we went through The issues that the community had raised at the first meeting And we had a board and we took down each issue I'm talk with my clients and they welcome this now. I've been doing this for 30 years It's the first time that we had neighborhood representative to meet with the actual working team to be able to See how we could address the issues and we welcomed her I want to say that even though I think miss Allen has pointed out that they would be opposed to it regardless that she pointed out That candidly but at the same time she worked very professionally with us and in a spirit of just at least trying to address the Issues that we could address and I thank you very much publicly Shonda for that We enjoyed meeting with the residents with the neighbors We were able to Move forward with it after meeting and had that second meeting and we were able to point out what we were able to do I want to also indicate that we did make significant changes We also because of the concern that some had regarding the traffic and we're going to ask that the addition The that there will be additional two minutes for me on this because I'm representing some of the pro speakers Okay, okay, and so what we ended up doing we've made significant significant changes They had a concern about cut through traffic So we hired a traffic Engineer to be able to come in and take a look at that so he can report that this evening Also want to point out that we yes, we did reduce it from 62 townhomes to 48 townhomes. We did reduce it from 7.6 Acres the previous one units per acre to 5.9 units per acre We removed the fence some people here talked about that We even some might say the dogway station is a very minor thing But it was not a minor thing to the to the neighborhood. So we included that Also George will talk to you about the design aspect of it We repositioned the building to be able to create some more space with at least one or two of the residents there I want to say that we did meet the all of the requirements the policies the ordinances the plans For the city of Durham. We've met that Barbie Road is two thousand under capacity trips We will only be entering our project from Barbie Road And we will not have entrances exits into the neighborhood. We're sort of sitting out away from that We also I just want to conclude by saying this We tried very hard to work this out and we worked well with And I want to say to you that not only did we work hard but it was very important to us to try to create a win-win situation and We have done the absolute best that we can we've worked hard on it It means a lot for us to be able to get your support That's why we did not go and try to run this to the city council after your vote We wanted to come back through this process Pay you all the respect that you deserve Based on the issues and points that you had previously raised So that's why we are back in front of you because we want you to have an opportunity To look at this again, and then hopefully we can go to the city council So thank you very much for allowing us to come back before you again to let you know what we've done to modify and change this plan George Good evening. I'm George Stansiel president of Stewart 115 co-field circle in Durham. I'm gonna be very quick because Ken covered a lot of this But I wanted to so we did have three additional meetings and what we did is we We we conducted these meetings Truly as sort of a public meeting and we we we literally wrote down on pads up on the wall You know all of the issues that everybody had and we tried to then and then our second meeting that we went back We actually went through each one of them and tried to address each one of them and that and those and the result of those those meetings You know were some of the things that that Ken talked to but we did talk about density and unit count We talked about increased They're concerned for increased traffic Cut-through traffic Through their neighborhood. We talked about proximity of units There there are some units that are well over 200 feet away from this project But there were some that were about a hundred and so feet away So we created more space between in our building envelope that would give more open space between the new units and the existing units We discussed the fence obviously nobody wanted that fence and we were happy to take it away We talked about the quality of the buildings You know one of the things that we did in reducing the number of units Is that we increased the value of the units the the units will sell for more. They'll be finished Much nicer. They'll be slightly bigger in terms of floor floor plans, so Not only did we reduce the number of units, but we increased the the quality and the quantity the quality of these units So I Wanted to introduce to you Rinal Stevenson Rinal is with grainy Kemp and associates He's a traffic engineer. He'll tell you a little bit about his qualifications and he'll tell you what what we studied This was not a TIA. It was simply a traffic sort of evaluation Good evening Rinal Stevenson like George said with Rami Kemp and associates register professional engineering the state of North Carolina and I've been practicing traffic engineering for over 15 years now and done a lot of these types of studies Traffic studies in in Durham. So what I'm going to walk you through What I'm going to try to walk you through is real quick is this is the is the this cut-through Analysis that we did is traffic traffic analysis to evaluate the cut-through traffic and I'll show you a couple of graphics here Okay So on the screen and I know some of the roads may not show up incredibly clearly, but the red arrow illustrates this this cut-through Traffic that would be going from Barbie Road to Fayetteville Road And through the adjacent subdivision. That's some wind crest Wind crest drive Road and then a Cricket Creek Parkway So you see where that the red arrow kind of makes that little dip. That's where it intersects Cricket Creek Parkway So that's the cut-through that that the cut-through traffic That's a that was a concern that we're looking at and obviously the yellow is is our site So really quickly what we did was we looked we took set up video locations video cameras that these two study locations And we recorded the traffic at both of those locations and we determined Which cars we were seeing at each location and that that represented a cut-through vehicle We synced the times up and looked at that and counted those cut-through vehicles and then we also looked at what Kind of potential there is for our site to to add to cut-through traffic there and We what we found is that there would be five Another two minutes for continuous second that it's moved them properly second that we extended time by an additional two minutes All in favor All opposed Okay, so we found that there would be five vehicles Potentially cutting through this route that you see on the screen now that would be generated from our site in one hour So that's one car every 12 minutes That may be going through there and what that represents you could see on this screen is about 2.3 percent increase in the morning And in traffic that would go through there and a 1.7 percent increase in the afternoon So we're not saying there's gonna be nobody that would use this route But it's gonna be very few very few cars Now the other thing that I wanted to show you here just to help Kind of put into perspective here what this is showing is a larger area The top boundary on the green is MLK the eastern boundary is NC 55 The left boundary is Fayetteville and then the southern boundary is I-40 and NC 54 So what we looked at here was this is this is the area that that folks could Potentially be using this this route this wind crest to Cricket Creek Parkway to cut through and what you'll see here really quickly as there's there are About close to 6,000 residential units in this area and that represents as you can see there Just over 5,000 peak hour trips That would be generated in this entire area and so you know the five cars that we would add It's relatively simple math that the five cars that we would add to the cut-through area is 0.1% of this total traffic in this area. So Again, we just wanted to kind of point out that there While there could be cut-through traffic, it's gonna be relatively small and not not really noticeable The other thing I'd like to point out that has been mentioned is Barbie Road There's more than adequate capacity on Barbie Road There's about 2,000 trips remaining under capacity today, and so there's there will be adequate capacity for that as well Thank you. Thank you The next individual speaking for is Gloria Alde Gloria Alde I'm sorry Is couch. I'm sorry. Yes That is a C. Thank you Hello My name is Gloria couch. I'm at 61 22 Barbie Road, and I am for The proposal for the townhomes. I don't have any any problem with that. So I am for it So I'm a resident and I've been there five years. So I'm for it Thank you. Thank you, Mrs. Couch Person not person but a paper Can you hand that out to another person sent a statement who lives right there on Barbie? We like to have passed out to you and to the and to the clerk you've already passed it out We have some additional. Thank you. We have some additional people to speak Carla Sevilla Carla on behalf of Carla, I just wanted to point out she was going to read the actual statement that you have in front of you Thank you Thank you The next person that I have listed is Lisa Harvey Okay Okay, and we have her statement. Thank you And the else who would like to speak for this project before I move to those individuals who are speaking against George, I just wanted to make one other comment As it relates to traffic one of the things that we looked at and if you if you looked at if you looked at what We've reduced our density to it's it's right in the middle of the 48 units an acre that is Suggested in the comp plan Which is very similar to a lot of the development that's around around this site We did look at what if we were to from a traffic perspective What if we were to just do four units per acre at single family because the neighborhood was Asking us to look at just doing single family Believe it or not at four units an acre at single family that would be about 33 units It actually generates more traffic than the 48 townhomes that we're proposing And that's that's based on generation numbers that the city that the city uses so I just wanted to point that out We did look at it One of the reasons that we looked at this at that larger area Was because the neighborhood asked us to look at the bigger picture Just to look at what what the impacts would be and that's why we presented this this larger sort of picture for you To show you the the relatively small impact that this project would have thank you. Thank you The next individual that I have to speak is Shonda Allen speaking against Yes, we're gonna allow three minutes Susan for this next group Good evening, my name is Shonda Allen. I'm the president of the Irwin Woods homeowners Association and we are back again before you We want to thank you for the opportunity to speak once again to the planning commissioners On July 12th. We were up here with several neighbors And many of them are on their way. I'm getting texts while I'm sitting there. They're on their way trying to find parking as well as members from The Cooke Creek neighborhood has joined us this evening to Oppose the construction of the townhomes Now I do want to say that prior at the previous meeting there was a unanimous Thank you, sorry can't hear you unanimous vote by the commission that the reason rezoning was defeated After myself and several neighbors presented concerns to the board Since that meeting steward and the developers have revised the number as they have talked about the townhomes and Have met with us on two occasions and as they said with me directly Per my request and I do want to thank them for doing that and allowing me to be in that meeting Our neighborhood has Continuously Asked for one nothing obviously, but if anything single family homes But if townhomes have to be built we asked for a Number of things, but certainly less than the 48 that was presented On July 27th, we met with Eden's land developers about rezoning for the commercial land on Barbie in 54 on the 28th We met with Stewart Of which Ken Spauldin was brought in to help facilitate that process Two meetings after that occurred In addition to the one that I had and over the past month We have met with Cooke Creek neighbors on two occasions in reference to the Duke Medical Center Being built on highway 54 and Cooke Creek Parkway So we have just been overwhelmed with meetings about proposed rezoning and Development that's surrounding our neighborhood So therefore I stand before you once again representing the Irwin Woods neighbors as well as the Cooke Creek neighbors who have joined us tonight several people still coming in To oppose the construction of the towns of South Point on Barbie Road While I personally would prefer single-family homes as we've talked about or a significant reduction Below the 48 and this is no secret to the developers I do represent the neighborhood Who would Be in opposition for the construction of townhomes at the Barbie Road Town of town of South Point Townhomes. Thank you. All right. Thank you The next individual I have is Sylvia and Sylvia help me with the last name is Al Mesta Okay, thank you For being here as well And please state your name. I'm sorry Sylvia Al Mestica. I live at 61 27 Barbie I mean, where do I live Yellowstone Road, and I am one of the houses that is pretty much adjoining the Future townhomes it seems that may be there I am opposed for it I think we kind of do understand that if something has to be billed or if it's you know not declined again that We do appreciate that if our voice would be heard of what it is that we would like to see happen what will help our neighborhood I Appreciate everything and you know bringing in people who are going to see what the traffic is going to be and Things like that, but you know, we've lived in the neighborhood for many years. Some have been there 30 40 years I've been there going on 13 and we know what's happening to the area We know that it's being developed all up Barbie Road Fayetteville Street, and we have a big Duke Center. That's adjoining our other neighborhood So we we're the ones that are going to be Affected You know some they're going to build them and then they leave and then we have to deal with the the construction we have to deal with you know the The increase in the population So all I ask is that and I think they've done a really good job and I do thank you for that for working with us and trying to do I think what's best for the area and So I do want to say thank you for that and whatever it is that is chosen that We keep in mind that these are neighborhoods that we live in these are our children We're bringing up and our families and we want safety You know all of all around That's it. Thank you Jennifer Hodgkinson Hello, I'm impressed you got my name, right? It is Jennifer Hodgkinson. I live on and Wincrest Road I've lived there for 10 years. I brought up my two daughters there We just came from horse riding lessons, so my daughter had to come with me today I'm speaking because we've had quite a history of traffic through the neighborhood History of Basically, I've never been able to take my child trick-or-treating in our neighborhood. It's been unsafe traffic wise I tried it one year never did it again because of traffic I am the one who After a car almost hit us As I was crossing the road one day I was walking with my two daughters dogs across the road We were almost hit after years and years of seeing this I Finally Went door-to-door started petition went door-to-door to get speed bumps put on Wincrest and that has helped immensely But people that live on Barbie and around Barbie have referred to our neighborhood as the cut-through I have my own friends have have told me oh you live on the cut-through from Barbie to Fayetteville they have cut through our neighborhood and It just wasn't safe and the speed bumps have helped but the area and they're just buildings There's so much building going on in this little concentrated area the little country roads The two-lane roads are just not big enough to support these developments We were caught off guard this June when our trees started going down on Cricket Creek Learned that a medical center five-story medical center with a three-story parking garage is going up on Cricket Creek And they're proposing another one. We'll be here We will be here in In a few months in a couple months About this other parking garage. We're looking at a thousand cars being parked on Cricket Creek They for the just for the Duke Medical Center. They're Expecting almost 6,000 daily trips that this is going to generate. That's the one medical center now We've got to deal with the second Parking garage that's being proposed right in our neighborhood. It's just a very condensed space not a lot of room to move Barbie's two-lane roads. We've seen it. We've lived there. That's all I have to say. Thank you Thank you. I Have no additional people listed to speak but I do understand that there are other Individuals who would like to speak against this project. I see I see two hands No, right here. Thank you The gentleman in the back row would you make your way forward if you want to speak? Good evening, my name is Sarah Verbeest. I live on 700 Windcrest Road I have lived there for 20 years raised two children through Durham Public schools while the 16 year old isn't quite through high school yet We have hopes that we will have two children graduate from high school here And I also have a doctorate in public health. So Issues around safety in neighborhoods is something that I am concerned about As well as issues around congestion and pollution in our neighborhood. I Also have a teen driver. It's a little terrifying having a teen driver And I can assure you it's even more terrifying when a teen driver is trying to back out onto a very busy road So as Jennifer and others of my neighbors have mentioned we Feel like a little tiny neighborhood that is in the middle of a lot of development that is happening very quickly And we have concerns that without adequate planning and thought We are going to have a part of Durham that is just a traffic jam We all already know it gets very Trafficky when it rains and I 40 backs up And so I think our request to you is to bring your expertise your knowledge and think about not each project But think about the impact of each project in this region of South Durham. Thank you Thank you. I Have no end of other individuals who have signed up to speak for this item So at this time I'm going to close the public hearing and Bring this item back before the commissioners and give them an opportunity to Ask questions Okay, all right, I'm gonna start with commission are Al Turk Thanks The I'm looking at attachment seven the the Durham Bicycle and Pedestrian Advisory Commission had a couple of recommendations And I was wondering if the developer has considered those additional asphalt widening for a bike lane and Pedestrian connection with the with wind press for a good evening. Good evening. Robert Schoenck would sort We had for those two items We did speak to transportation about that and the policy usually has been is when we're doing a road widening When we're adding turn lanes to widen the asphalt roads Is that that is a time when bike lanes would be added but right now the cross section out there of? On bar we rode across the majority of the front by about 90 percent is already 38 37 38 feet wide So without doing a formal widening transportation felt that we had met the comp plan in terms of not you know needing to add the bike lanes The other question was about the adding a connection to there so The the condition of the right-of-way going up a long Bar we rode is inadequate in terms of the slopes and the roadside ditch So in terms of having to acquire easements construction easements from public right-of-way from neighbors That seemed to be quite a challenge and then also in light of the neighbors Not wanting more connections to their neighborhood We also felt that that wasn't an appropriate thing to do what we did do is we did provide a a walkway From the southeast corner of our site out to Barbie Road, and then we're riding a crosswalk across Barbie Road That will then connect to the existing apartment project So this the development won't act as an island, but it would give people access you know to the To the apartments and then all the way over to 55 This came out about the idea of adding the dogway stations, so we have some open space that will be providing that southeast area, so The residents have talked about The last planning commission hearing about people walking their dogs through their neighborhood. Well If I understand it correctly a lot of people are walking from the other side of Barbie Road Down Windcrest to Piney Woods dog park instead of going up around Woodlake or Woodcroft Parkway So our in the conversations we've had well, let's try to encourage people from our neighborhood Instead of going up Barbie Road into Windcrest. Let's encourage them to go go across Barbie Good commission or gauche Thank You chair First I just want to speak to the developers and say that I Do appreciate the effort that you guys have put in and revamping this plan and in meeting with the neighbors the neighbors obviously seem to Appreciate that as well as they've mentioned And you know, I Think that what is before us is a I mean the history of this Develop or trying to develop this piece of land kind of speaks for itself is a difficult piece to develop It's been passed up several times and you know, there's no doubt that what's before us today is better than what was before us in July and Possibly I can't speak but possibly better than what was previously presented In what 2006 or whenever it was So at any rate, I do appreciate that I was surprised to see this back at the planning commission Like you said you could have carried this through to the city council and I'm glad that you did not and that some some major changes were made as far as the Density goes. I know that was a concern that's still been raised by the neighbors despite the reduction and I Mean I can understand where the neighbors are coming from however, I you know, I'd be remiss if I did not point out that the Existing homes are an R20 zoning and that R20 zoning actually doesn't match the Future land use map what is designated for those and in fact I think that the the Recent development activity or interest in this area with the commercial piece on 54 and Barbie and the Medical Center I think it kind of speaks to that this area is probably underdeveloped for for what it is now That doesn't take away from the existing homeowners and they live there So they have a legitimate concern about the density, but you know to me it makes sense to put dense more dense housing close to employment centers and Kind of commercial areas and you know, we're already seeing that right across the street Barbie you have a Apartment complex that's being developed That's more dense than what's being proposed here only slightly more dense But more dense nonetheless and certainly more units. It's a lot more acreage. So, you know, I think that it really does It really does I mean it's consistent with the comprehensive plan and I can appreciate that but it's also not at the top end of the Comprehensive plan which would offer, you know, which would suggest eight units per acre So I think that this is a nice way to start this transition to start the redevelopment of this area Which apparently is what our comprehensive plan is calling for Aside from that, you know, I Think that a lot of the commitment. I mean the fact that you met with the neighbors and I saw that there was a You know, I think a lot of neighbors shut up at the first one and then fewer and then fewer Shut up at the previous ones that I don't know what that means but to me You know, whether someone would come out and say it or not I think that at least some people are saying well, you know They're doing the best they can and they've they've addressed my concerns. Perhaps maybe it doesn't mean that but Certainly this presentation today and what we hear from the neighbors today is a lot different than what we heard in July. I am I'm in favor of this and would encourage The rest of my planning commissioners to vote in favor of this And you know, I again, I just like say I applaud the efforts that you guys put forward in revamping this plan It's certainly different than what was in July and I think it's a lot better because I appreciate that. Thank you very much Thank you commissioner gosh Commissioner Busby Thank You madam chair First I had a question for mr. Judge if you don't mind and This was I think more for my edification, but it may be helpful for everyone the proponents mentioned the traffic studies and how The proposal for townhouses would actually lead to a reduction in potential traffic compared to single-family housing And I just wonder if you could give a minute explaining how that worked and how that plays out essentially Yes, bill judge with transportation On a per-unit basis the town homes generate less trips per day than single-family does the town homes generate about Six and a half to seven trips per day where a typical single-family house generates about 10 So if you had basically the same density by going to the town homes over single family, it's going to generate fewer trips Great. Thank you. And then one other question of miss Allen if you don't mind You know my coming back to the microphone. I had one follow-up question for you and Similar as you're coming up to the microphone. I think similar to commissioner gosh I was not here in July. I was out of state I did watch the video and I really appreciate that the proponents the developers took the time to sit down with the neighbors I really appreciate the time that the neighbors put in and I can feel for you It sounds like you're quite busy trying to keep up with a very busy growing part of town Miss Allen what I wanted to ask you you would you were very clear in saying you would prefer the single-family homes But that if it did need to be townhouses, you would like to see a reduction Lower than the 48 units. Was there anything else in the conversations the multiple? Conversations that you had hoped to see in in this proposal because there have been significant changes that have been made for sure But I want to give you an opportunity to to just share with us Is there anything else that you were hoping to see or that the the neighbors and all of you have Spoke very well to your concerns here tonight. Thank you In the neighborhood, we have had several meetings outside of this meeting as well We have normal neighborhood meetings and so a number of the neighbors have said they want single family or nothing and so the absence of neighbors being here is Them not saying that they are in agreement to the townhomes But they are in opposition of anything and so they feel that if they you know That it's almost a mute point because we have been here. They thought they had won In the last one when it was rejected by the commissioners and so Coming back and coming back and coming back They're like we're just not going to continue fighting. We feel that they feel that you know, they're fighting a panel They can't win So not showing up is not to say we are in agreement with it. It is we are tired We have been to meeting after meeting after meeting and our neighborhood just feels like they're being overlooked and Inundated with building around us. We are surrounded. So initially we asked for nothing obviously single family homes or no more than 30 townhomes and so the Steward and the developers have worked very hard with us to present the lowest number they could go to was 48 and so The attendance started to really drop off like okay fine if it's going to be 48 We can't fight that we can't continue. We've been fighting. We've been fighting We don't want to do it, but it seems like no one's listening to us Well, and and just as a follow-up and I can understand your perspective on on how you feel Are there any specifics in this proposal noting that it is 48 units that you or the neighbors Particularly, I've heard a lot about the traffic concerns here tonight I can certainly understand that but I just want to know if there are there any other improvements that that the neighborhood would like to see addressed in this proposal or I think at the last commission and I'm not seeing the the gentleman from our neighborhood that spoke about that There are a number of improvements to the neighborhood that we had asked for and that we were still waiting for there's a lot of things Water runoff the streets That you know our older streets, you know the pavement the accommodations to that With the cut through traffic and all of the building that's going on around us It's just going to make things worse. We feel as far as the runoff the water runoff the cut through traffic I'm not sure when the You know the study was done But you can imagine with all of the instruction going on construction going on around us It is going to increase the traffic. That was our number one issue around the cut through traffic People do it every day with the Duke Center coming this coming. It is going to create that cut through That was number one the safety of it. We've already started having accidents or had an accident at the entrance Of our neighborhood with traffic. So those were the biggest things that we were concerned about great Okay, thank you my final question madam chair just for the for the proponents for the developers just wondering are there Any responses to the concerns about the cut through traffic? I understand you did the traffic study You did not have to do that. I appreciate it But I do understand the argument about the the death by a thousand cuts and the cumulative impacts Which were not a part of this study. Is there anything else from your perspective that can be done to address that concern? It strikes me that it is a valid concern for the neighbors Well, I think in terms of cut through traffic one thing we did do was look at You know how much is there today? How much would be there with when this other development? is built out and And then we what we did was basically review their traffic studies because it shows where their traffic is going to come and go And how many cars and that kind of thing so we so those studies did show that there would be some additional traffic that would cut through the neighborhood and But I want to kind of go back for a second and tell you what's what's there today in the morning Morning rush hour the morning heaviest hour for traffic. There was 24 cars Cutting through this area In the afternoon there was 43 in the in one hour in the heaviest hour in the afternoon so and just to let you know when we when we looked at the Potential future developments in this area There was a total of 15 in the morning hour that could cut through this area And in the afternoon there was a total of 19 That could cut through this area now that does not include Our development as I said earlier our development is five, you know in an hour, you know one every 12 minutes, so It's it's very small. I Know, you know, it may seem like there's a lot of traffic out there But one of the things we looked at in the study was that 88% of the traffic we counted those locations were from inside the area and you know inside those neighborhoods and We were you know the cut through was only, you know, 12% of the traffic in the mornings and 15% of the traffic in the afternoons So, you know while there are some folks cutting through there You know, it's not a significant number And the other thing that we had in that graphic earlier was there are a number if you look at the map There are a number of roads that connect from Barbie to Fayetteville, you know Woodcroft Parkway, and there's three or four, you know above that Obviously 54, you know cuts through so you know any traffic on Barbie or Fayetteville that wants to you know get over there are multiple ways to go So I think, you know, there are numerous connections that that folks can go And I think that's why you're seeing that out of the 5,000 or trips we looked at in this area There's only 24 in the morning and 43 in the afternoon using this. So I did did want to point that out as well Great, okay. Thank you The chair recognizes commissioner Brian. Thank you. I Have very mixed emotions about this. I certainly understand where the neighborhood is is coming from and I also know from personal experience that Single family homes don't seem to be on the agenda of developers anymore We have a town on development going on right next to where I live I'm inclined to agree in part with what commissioner ghost said that This may be about as good as you're going to get Having said that I also want to note that I still have concerns about One the absence of a bicycle lane. I Understand what the developer where he's coming from when he doesn't want to put one in but a lot of people Ride bicycles on Barbie Road We need Bicycle lanes on Barbie Road And it would really be helpful if you guys could put one there Secondly the traffic is still a concern of mine One of the reasons that you see a lot of cut-through traffic Coming from Fayetteville Road over to Barbie Road And I'm part of that cut-through traffic a lot of the times if you've got film of it You probably have me on film But in the evening rush hour The traffic lights on Fayetteville are so poorly synchronized That if you're coming out of the shopping center where the Kroger is located You can't make a right turn Your options are to try to go left which would take you up to Woodcroft Parkway or to go straight Which takes you right on the crooked Creek and through the neighborhood and just about every time I've done that I have found that I am not alone We cut through we get on Barbie Road and then a lot of that traffic goes across I-40 Across 54 and goes down to South Durham somewhere So I think cut-through traffic is going to be a problem. It's going to continue to be a problem and when the Medical Center or whatever Duke Duke and medicine is building there is completed I think it's going to be much worse. And if they put another parking garage down there, I Wouldn't want to even think about how bad it could get so That's all I have to say right Commission of Whitley my question was answered I To have some feeling about I I I do know that Durham is going to grow in Order to meet that growth We have to develop and the area that you're living in Is a is one of the fastest group roof areas in the city and I would Encourage you to Call each of the city council members and tell them that they need to to To widen roads and and have traffic calming For the area to meet that the development has taken place I Wish we had an answer. I don't I do know though that We must meet the need for housing and I applaud the developers They went beyond the call of duty they didn't have to but they did and And it seems to me is incumbent. I mean it's Important that we as commissioners They've they've met the needs of the community. They've met the needs of the planning Planning department And I for one will vote To approve this measure. I wish there was another answer But I don't have it Thank you. Thank you commissioner Whitley Um commissioner in our kitchen Yes, first, I want to commend the developers. I think who went back and really really hard to try to get to yes On this that's a big deal. I wish more developers would listen to the residents Then I want to apologize to the residents because I'd use I cut through all the time Same as commissioner Ryan. In fact, I left my office today at 430 and it went back home and get something to come back here I took 40 to Fairville I live in South Durham also on the way back I left my home at 502 and I got here a little bit late But I cut down Barbie Road All the way to Fairville And we do it all the time and you know, I was always taught development follows the roads And you know, I'm mixed here because I because there's so many developments in our neighborhoods all over I mean, we just surround it by it and the growth really is explosive and I Just don't know what's going to take for us to deal with the road infrastructure And I do think though and I'm torn here But I do think that this is the best you're going to get where you are You know, which is unfortunate They've done a good job trying to get to this. It's a win. I know it doesn't feel like a win But it could be much worse and we see much worse And I think I don't know what the answer is either But we've got to figure out a way to deal with the road infrastructure You know, one of my best friends just moved to Kerry and I don't like Kerry. I like Durham a Durham guy But I visit him sometimes now and I go and I see they're dealing with the road infrastructure and Kerry And you know, we've got to make a commitment. It's not the developers fault They're doing I mean we've got to grow this land is in prime Location So I'm really torn. I do appreciate the developers working hard and I appreciate the residents too It's gonna get better really but if we work together, I think we can we can create more wins But we've got to look at the bigger picture and like Commissioner Whitley. I don't know how we do that But we've got to keep fighting for it. But thanks to the developers and to the residents for your patience Thank you commissioner harm Wickel Yes, I was spotting I'd like to thank the developers for you know, their hard work and effort and working with the community I think it would make if if all plans were brought before us Work this way. This this board's job would be much easier Residents the area I as everyone is stated. I don't I don't have an answer for it I wish I did I can recall as a young deputy sheriff patrolling the roads out there 35 years ago I never imagined that that in the Durham County would be the way it is, you know, I can imagine recall action on that way was the old trip store at 54 and Barbie Chapel Road and possibly Breaking it at at Pearson Town School. That was you know, a lot of the attention that we had down that way I never would imagine things would have developed this way But but I think I want to commend the developers for coming up with a plan that That was presented to me beforehand I was totally against but I'll have to say now that I will be totally in support of this project. Thank you Thank you commissioner home buckle and commissioner van Thanks, all we've had a chance to Hear and Have a moment of reflection from Thank you a moment of reflection from where we were when we started Initially looked at this first way while today and I'm also of the opinion. I really think that Given some of the changes that have occurred And I would certainly quite understand of course of the neighbors and those who are here But I think I share with my colleagues that you know I live by a very simple rule that I wouldn't vote in favor of something unless I would place myself there in that particular situation and I think this project I think offers the opportunity for one important thing for me always is is value and I think The the value of the newest structures that will go there will certainly have a tremendous impact In my estimation in terms of the land value and house value of your properties and so the idea of Nothing going there is that's just out the window. Unfortunately, you picked the right location but unfortunately you picked the right location and so so I'll say given some of the changes that have occurred and given the the overall Package that has been presented. I will be voting in favor of this matter But I certainly also would tell you again as has been said you have the option to go argue for Those items like the wide enough streets the bike lanes. I totally agree with that This area is highly concentrated It's not gonna change unfortunately, but there are things you can advocate and ask for okay. Thank you Thank You commissioner van and commissioner Miller Thank You madam chairman when we looked at this project a couple of months ago The thing that I was concerned about was density and density of this parcel against its RS 20 neighbors and also in comparison to the density proposed the proposed density against the density of the multifamily projects across the street across Barbie Road and I have to say that a reduction from 7.6 to 5.9 is a a Significant step in the right direction. I am still concerned however Based upon the way I read the intense statement for PDR and what it's supposed to accomplish And also the vision that's set out in our comprehensive plan About respecting existing neighborhoods and enhancing them. I don't think that this does it still I think that five point nine two is close to the five point nine four across the street and if That's what whether it was Prevealed on the west side of Barbie Road. I would be completely on trouble But I'm still troubled because if you live in an RS 20 house on Yellowstone Drive or on Windcrest Road and you back up to Townhouse development that's been clear-cut And you have a small buffer around there, and then you jump up to six units an acre That's the kind of transition that I just really don't think is appropriate and it's what is envisioned In our playing process. I do note that Commissioner Gauch pointed out that What's on the ground there is out of step with the future land use map? I will remind the Commission members though that the future land use map is Not the zoning and doesn't necessarily reflect what's on the ground and what's on the ground it represents the investment of Not just treasure but lives of the citizens of Durham, and that needs to be respected. I Understand from the neighbors that they are tired They have been doing this over and over again. It's hard to maintain The enthusiasm level people have lives to live their kids are in school And it's hard to keep coming back and coming back and coming back. So I Hate the idea that we are that the planning process has built into it a wearing down of resolve so While I actually this is one of the best development plans that I have seen in a long time and touches A lot of bases that are really important to me and you have heard me stress them everything from design all the way up This is still too dense and I'm going to vote against it if it was five units an acre I could live with it, but it's five. It's six units an acre and that's too much Thank You Commissioner Miller. Do I have other commissioners who would like to speak if not? We were going to prepare to vote Can I get a motion madam chairman? I move that we send case number Z-15 0 0 0 4 2 forward to the city council with a favorable recommendation second And by commissioner Miller and second by commissioner Brian that we move the item forward with a favorable record Recommendation I'd like to have a roll call Mr. Al Turk Mr. Brian. Yes, mr. Busby mr. Ghosh. Yes, mr. Harris Mr. Hornbuckle. Yes Miss Hyman. No Mr. Johnson. No Mr. Kitchen, no Mr. Miller No, mr. Van Yes Mr. Whitley Motion carries seven to five Let's move to the next item Staff report on doubt. Is it Belden landing? Okay. We'll give them a few minutes to leave chair Madam chair The chair recognizes commissioner Ghosh. I just want to bring to your attention that my firm is representing ample storage on the third item and So I would ask that I be recused for that madam chairman. I move that we excuse mr. Ghosh from consideration of The item that is 5c on our agenda zoning case Z-15 triple 0 4 1 second It has been moved improperly second that we recused mr. Commissioner Ghosh from item number five C ample storage All in favor of this motion. Let it be known by the usual sign of I All opposed Yes, now staff Good evening again Kyle Taylor with the planning department I'm presenting zoning case Z 16 0 0 0 20 Belden landing the applicant for this case is Dave Munson This is within the county's jurisdiction. No annexation is proposed so it will be care heard as a county case The request is from RS 20 to CG or commercial general The acreage is 1.62 acres and as there's not a development plan with this project There is not any proper commitments and as such all uses within the CG zoning district shall be allowed If approved site is located in the suburban tier at 810 and 814 Belden la drive The site is Moderately wooded and is presently used for single-family residences. There are three single-family residences currently on the site Future land use map designates this area is commercial and as such this project is consistent with a future land use map And as such staff determines that this arrest is consistent with the comprehensive plan ordinances and adoption of policies Thank you and staff is available for any questions. I have one individual who has signed up to speak for is that David Munson Come forward, please Yes, good evening My name is David Munson, and I am the applicant for this project and Actually, it's hopefully pretty simple after sitting through the South Point discussions There are currently three houses on these two lots They are surrounded as you can see on the map by commercial property on three sides With residential properties being approximately 300 feet back through the western part of the woods there In any case my plan for the three houses is to leave them as it is Except to upgrade them to commercial space I've been a landlord here in Durham for 32 years Residential houses But the idea came to me because so many small business owners mainly attorneys and people likewise for CG Zoning came up to me and asked me if these were for rent for their business and After trying to work with them And of course they would have to live there and a part of it and so on and so forth. I Spoke to a mr. Taylor and we proceeded to look into the situation of turning these three properties into commercial space There would be no increase of traffic there there would be no need to upgrade the utilities there there is a fire hydrant within the required distance and Basically, I would just be turning these properties into commercial use So if you have any questions, I'll be glad to try and answer them Thank you. I will bring the are there any other individuals who would like to speak I Have no other Individuals listed so I'm going to close the public hearing and bring it back to the commissioners And they'll be able to ask questions. Thank you Are the commissioners who would like to speak commission or gauche Thank You madam chair Kyle I might put take you to task here a little bit because I just want a quick understanding of a couple items On the zoning map, I'm having trouble understanding. What is what are the surrounding? districts Looks like oh, and I And then I'm not quite sure all in the county, right? There's a table F in the staff report is a listing of the surrounding zonings their OICG CG RS 20 and RS 20 where yes, so where is the RS 20 the RS 20 is South and West Okay Right here in here. Okay. Do when this if this rezoning were to get approved or what are the buffering requirements? between Well, why not between all of these districts? Sure. Yeah All right, so that that was one question and I know you're looking the answer up and then I Did want to know if By going to a general commercial district Would there be additional parking requirements? I miss I haven't been out there, but I'm assuming these are like driveways So I'm wondering if there's a parking lot requirement or something like that So yes, they will have to meet all requirements for a site plan for The commercial district that they're going to and if they were to change to a commercial use They will have some of this to my site plan and meet all the requirements for the commercial district And to answer your question as far as the buffers Point eight point six for an OI to a CG point four from the CG to CG Thank you. Those are all my questions. Thank you very much Okay, Commissioner Brian. Yeah, okay, Commissioner Busby. Thank you. I Just had two questions the first question. I guess both both are for the proponent mr. Monson. I Was surprised to see the proposed increased traffic by 2,452 vehicles per day I'm just wondering if you could Help illuminate For me I believe from reading the information that was sent out they use the the highest Whatever building would create the most traffic and I believe that's a drive-through Restaurant or something like that. That's why they say they use the maximum, right? And you would expect that this would be lower than that Yes, I spoke to be male mr. Judge back and forth and since they're that houses are under 1,000 square feet each. I suppose if an attorney would use them There'd be much less perhaps unless they're a very good attorney Great. Thank you. My second and final question. I did just want to raise the Comment that was provided by the Bicycle and Pedestrian Advisory Commission I just wanted to see if you had any comments on that. I'm not sure if you've seen that I did see that I discussed if A development plan would be needed for this and Due to no change of Interf structure Or traffic patterns. We did not do a development plan On the site plan Would I believe resolve the questions that gentlemen had regarding the Upgrades and the parking and so on and the actual layout of those issues Great. Thank you. Okay. Okay. Commissioner Miller Thank you Commissioner gosch had the same concerns. I did About buffering it's a it's just not a 25 foot Buffer reducible to about 12 feet if you put in a wall or a Hedge You gave us the opacity figure. I was wondering what the buffer depth would be And while they're checking so the concern here is is that There is a single family house that looked to me like it was occupied Immediately to the south well tended And then on patent drive behind there are single family homes Um, and I wanted to make sure that if we went gc, which is Not not inappropriate under the future land use map But is way more zoning than the applicant says he needs for his intended purpose Uh, I wanted to make sure that there were some device in there to make sure that that That the development future development of this property Maxed out to the its full potential under gc Would not negatively impact The viability of the properties to the west as single family homes And so I wish there was a development plan or something like that That would allow for us to make a commitment that should This property at some future point to be developed to its to a greater potential under gc than Then just converting the three houses into into offices That we could have Make sure that we had adequate buffering What did you find there? So the buffers range in size from 20 to 50 feet and yes, they do they can reduce them up to 25 using The requirements and the ordinances which is the wall etc. Like you mentioned right and we still have the the alternative model to the computer model Okay So my concern here is is the applicant has said that really what he wants to do is use the three houses for non-residential purposes Why wouldn't a c.m. Which to me would be a better transition between the gc at the intersection here the miami highway 70 Intersection Would be a better transition to the rs 20 district than the gc I would feel a lot more comfortable with it and that would give the applicant a very wide range of Non-residential uses for those properties on the scale that he's talking about I would be much more comfortable voting in favor of this if it were a cn application So my question for the staff If I am persuasive and if the applicant indicated desire to pursue cn instead of cg What kind of hoops would we would we require him to jump through at this point? So just a point of vocation of clarification about your buffer question earlier before I answered that question The interactive buffer month that we did the method that you mentioned. We just did look it up There's you're only allowed to use that if there's a slope greater than 15 percent And to answer your next question, they'd have to repay the advertising fee and change the application So start over again Not quite but Almost all right One last thing before I surrender the mic if I may madam chairman To the applicant, uh, mr. Munson, uh, who was by the way, uh, the star basketball player of my high school team Who's two years ahead of me and we love to watch and play I don't know. It was it was just six years ago when we were in high school together the um Uh Would you be interested in converting your uh request from gc to a cn? Which is a lesser commercial category and more compatible with residential neighbors behind you into the south I'm really i'm really not that familiar with what c Cn you say From that's that's the commercial neighborhood zone. It it uh, it allows significantly less intensity than cg would but it certainly would allow you to use the three existing structure structures For non-residential uses for a range of retail and office uses I would consider it. I I guess I went the cg route just because That was a long term, you know future lane use for derm and I'm not sure what would it would entail going back To try and do cn now or apply for cn They would charge you to mail out the advertising again Okay. Yeah, I don't know if you know, they would require me to do a another impact analysis Of traffic and the uh infrastructure if I needed that or Or They would work if they didn't require it for your gc Your cg application they wouldn't I don't think they would require it for a cn application since that's a request for a Significantly less intense zoning category I believe that's correct. Is that correct staff? TIAs are not required for any project that does not require a development plan Thank you The only thing we can do is address the item that is before us And are there any additional questions from our commissioners? if not, then Commissioner Whitley Yes, I want to bring to your attention that What we have before us is a commercial putting a commercial In the middle of residential neighborhood and we'll be setting up president And we've seen what happens when we do that You know, um And especially when you cannot control once it's done Um, you cannot control what happens In future years. I cannot vote for this change Um, I do not want commercial Coming right next to my house. I live in a residential neighborhood. Um, so I cannot vote for this Are there additional comments? That I think we're I need a motion Madam chair I move we send z16 Triple zero to zero forward with a favorable recommendation It has been a motion by commissioner harris and seconds by commissioner brian That we move the belton landing z 16 000 20 forward with a favorable recommendation All in favor of this item. Let it be known by raising your right hand All opposed Okay, if you can just hold them for a moment Motion carries seven to five Item staff report for ampull storage I'm chairman of stepdown Before we start this item I'd just like to affirm that uh, planning staff has Conducted all notice requirements in accordance with general statutes and ordinances and Dave's as such have been on our on-file And again, kyle taylor planning department and I will be presented Zoning gaze z 15 000 41 Which is ample storage 52 39 nc highway 55 The applicant for this case is terry witherington Sorry if i'm saying that wrong With ample storage lake worth llc. This is a city project It is it was when the city's jurisdiction, sorry The request is from cnd to cgd The acreage is 4.04 acres And it is for a proposal of 175 square foot maximum building floor area to allow for self-sorge and accessory uses This is a single parcel located within the suburban tier The site is located at 52 39 nc highway 55 And is in the fjb watershed overlay protection This site does meet the requirements for The cg zoning district is outlined in this slide the staff report and the development plan the site is The site the parcel is currently wooded and is relatively flat with a gradual slope towards nc highway 55 A portion of an existing detention pond is located on this parcel to the northwest quadrant This project meets the requirements for a development plan in the cg zoning district the proposed The proposed distance page commits to one access point tree coverage areas the building and parking envelope In size and location of building a project Boundary buffers The commitments of this plan include the minimum floor area of i mean the maximum floor area of 175,000 square feet One side access point impervious surface maximum of 70 and tree coverage 10 Graphically this plan commits to the location of site access points location of tree preservation areas building and parking envelope And the size and location of project boundary buffers There's only one text commitment for this project and that is the use shall be self storage and access for uses This project is located in the commercial Future land use category on the future land use map and therefore is consistent with the comprehensive plan Staff has determined that the parcel is consistent with the comprehensive plan and policies outlined in this on this slide And staff determines that this request is consistent with the comprehensive plan policies and ordinances Thank you and staff is available for any questions Thank you. I have one individual signed up to speak Jennifer oxford Good evening chairwoman hyman vice chair busby And members of the planning commission. My name is jennifer oxford and i'm an attorney morning star law group I represent the applicant ample storage lake worth llc and I have with me tonight terry weddington of ample storage And also patty hildreth engineer with cms engineering and we're available to answer any questions you might have Um, I think kyle did a thorough job, but I just like to emphasize that this is an infill project It's consistent with the adjacent uses Um, that includes an auto shop to the north an active rail line to the east and to the south a storage facility Ample storage provides top quality storage facilities and this Resoning would reduce the traffic from the maximum generated trips by about a thousand trips We respectfully ask for your approval of this rezoning Thank you. Are there any additional people who would like to speak to this item? If not, I will close the public hearing and give the commissioners an opportunity to speak Thank you, madam chair I want to Come in the applicant for having a real good working relationship with our neighbors to the north Uh, this has enabled him to avoid having another curb cut on highway 55 and My understanding from a discussion I have with mr. Biker is is that they will work together Using the stormwater facility that already exists to take care of this particular application And if you drive on this section of nc 55 very often You know that It can get a lot of traffic which doesn't seem to know what the speed limit is And uh anything that can reduce traffic on this portion of nc 55 I'm going to support Thank you Thank you commissioner johnson To the applicant so in response to that comment, can you Educate me on how do you reduce traffic by a thousand trips by turning a vacant parcel of land into a developed site? And the reduction comes from the change in the zoning the maximum use with the existing zoning would create a thousand more trips a day Than the use that we're proposing Are there any additional comments? Yes commissioner miller For the applicant what is in this context? What is in this uh an associated associated accessory use To self storage. I'm not sure I is that something that's that's contemplated in the code Okay, anybody that can answer that Terry weddington i've worked for ample storage. I think they're referring there to the manager's apartment on site As accessory use all right the office that would lease the individual storage units But that's all that would exist on the property. All right. I'm completely comfortable with that. Thank you Yes commissioner busby at the appropriate time. I'd be ready to make a motion The time is appropriate. Great. Thank you Madam chair I would make a motion to move forward with a favorable recommendation to the city council for case number z 1-5-0-0-0-4-1 second Who was the second? Okay Motion by commissioner busby second by commissioner miller that we move item number z 1-5-0-0-4 One forward with a favorable recommendation All in favor of this action. Let it be known by raising your right hand Hi All opposed Thank you We have one additional item shylo assemblage staff report, please Good evening again, kyle taylor with the planning department I'll be presenting zoning case z 16 000 21 shylo assemblage The applicant for this project is michael kane This project is currently located within the county's jurisdiction. However an annexation is associated with this application And therefore it will be treated as a city case And those items will go forward as a consolidated item to the city council The request here is from rr to il The acreage is 2.8 Acres and the use allowed here will be any use allowed within the il zoning district because again this project has no development plan associated with it And it will be a general use zoning district Site is located within the suburban tier at 831 slater road at the intersection of slater road and five 540 and shylo glenn road Site is currently vacant and heavily wooded and again is located right at the intersection This request is consistent with the comprehensive plan, which says in excess area as industrial And staff determines that this request is consistent with the comprehensive plan and ordinance is another adopted policies And staff is available for any questions. Thank you on susan. Are there any individuals who have signed up to speak for Okay, there's one person at the mic Michael Cain. Yes evening. My name is Michael Cain capital civil engineering 1011 Pemberton hill road and apex Appreciate your time. Thank you collard busy evening for you This is hopefully fairly straightforward. I just wanted to let you know that um The applicant for this project or the developer for this project Um Is committed to this property this isn't a lot of times we we bring cases forward where we're in contract and Trying to see what we can get what we want To move forward, but he has already purchased this land the land to the west and to the south Which are all is owned He is from out of state but has Seven buildings in five different properties that we're currently have in process and Durham up near TWA Alexander, so It's been very active in in this market And we just asked for your support and moving this forward to town council. I'm here if you have any questions Thank you I'm going to close the public hearing and give the commissioners an opportunity to ask questions comments commissioner I'll start with commissioner brine Commissioner buzzfeed um, I believe staff made The point that this property is Want to be there's a petition to annex it into the city Are the other two properties also going to be annexed or have Okay, thank you very much Okay The mission about speed right. Thank you, madam chairman Another question so it looks like on your proposal the the current planning's for office buildings flexor warehouse type use Under the il designation it looks like there's also the The ability to put junkyards warehouses and recycling centers within that designation and so just one question is willingness to Uh, potentially make a commitment that we would not be putting a junkyard in this particular location This is a general use zoning district, so they cannot proper an official commitment. Great. Okay However, however, that said, thank you staff that said it's definitely not the plan to put junkyards here We have looked at warehouses. We've looked at offices The current leaning is is well towards office In fact, I'm working on a site plan that we plan to turn on in soon that will have two office buildings Won't be a four-story big reason for that Approximately to the freeway and it makes for a prime office location Thank you. I would agree this this is a good spot For almost anything but a junkyard, so thank you Thank you Are the any additional comments? If not, I'm ready for a motion for shallow assemblage Madam chair I move that we send Case z one six zero zero zero two one the shallow assemblage rezoning forward to the city council With a favorable recommendation Motion by commissioner miller and second by commissioner wittly That we send the shallow assemblage case number z One six zero zero zero two one forward with a favorable recommendation All in favor of this motion. Let it be known by raising your right hand All opposed Thank you Thank you Moving to the next items text amendments Wcf technical changes Staff report, please Good evening. I'm scott whiteman with the city county planning department text amendment tc 1601 Proposes technical amendments to paragraph 5.3.3 n wireless communication facilities For transmitting and receiving electronic signals better known as wcf's Of the unified development ordinance Substantial revisions to the overall wcf regulations within paragraph 5.3.3 And were approved by the city council and the board of commissioners in 2015 Since that time staff has received applications for various wcf facilities And have monitored whether technical issues with these regulations have arisen and warrant corrections Staff has identified a set of technical amendments necessary to maintain the policy direction established By adopting the new standards in 2015 and maintain compliance with applicable state and federal law The proposed amendments are as follows Require specifying existing and intended service providers Revise the method for measuring setbacks for freestanding wcf's to be from the tower base instead of the edge of the compound Revise the requirement to comply with setbacks in order to qualify as an eligible facility request Clarify the permissibility of freestanding non-concealed wcf's in the rs districts In the allowable height for the rs-20 district as it's currently written would apply in all rs districts and We believe the original intent was to only apply in the rs-20 district And to add the definition for fall zone and geographic search ring in to be consistent with state statute Uh this Text amendment has been reviewed by the joint city county planning committee and as well as both the city and county attorney's offices The staff will recommend approval of this amendment and i'd be happy to answer any questions Any additional individuals who've signed up to speak? So i'm simply going to bring this back to the commissioners and give them an opportunity to ask questions so let's Mr. Commissioner alter Yeah, i'm just uh curious I'm just just out of curiosity why the current or intended service provider should be indicated on the site plan or why that's It's a good practice or something It's uh something that's allowed under state law and something that's Some of the interested parties have expressed interest in this doing we can't deny an application based on that but We believe it's helpful information to have Any additional commissioners wishing to speak? commissioner brian just a question What sort of input have the People who do wireless communication facilities had on these proposals? We did share it with them and they seemed comfortable with With what we proposed. Thank you I have a question No, you Commission or gauche and then commissioner miller Sorry, excuse me Thank you, madam chair I had a question about the height in rs 20 district Is that just in recognition of That the maximum height in the rs 20 district is 35 feet That's an excellent question. I'm going to have to remind myself what the text actually says You might imagine mr. Stock would normally be here doing this but he's Observing Yom Kippur tonight, so I'm feeling Feeling in the best I can what you're doing wonderful. Thank you. You look great I knew I look great, but am I doing do I know anything about what's in here? That's right. Yeah, it's on page. Yeah, that's correct. So it would In the rs 20 district the maximum height would 35 would be 35 feet, which is the base district height. So you just clarify. All right. That's what I thought I just wanted to make sure I didn't I was wondering what the technical issue was there Thank you, then commissioner miller And if you know, can you tell us why we're changing the setback from the compound limit to the base of the pole? Well, it wasn't Explicitly clear in the What was drafted and what we found is if people are co-locating they often need to expand the the compound And with the setbacking base now on the height of the tower You're not increasing the danger of it following following Onto any other properties. So this just makes a it seems a fair Fair way to administer the regulations. Thank you. I'm ready for the motion Madam chair I move we send tax amendment TC 16 quadruple zero one forward With a favorable recommendation Motion by commissioner harris second by commissioner busby that we send item C wcf technical changes number tc one six zero zero zero zero one forward with a favorable recommendation All in favor of this motion. Let it be i've got one question Call for the question it goes to the staff Just based off the forms you give us the text commitment has to be consistent with the comprehensive plan Is that right? Yeah, so Any any change to the zoning ordinance, which would be a text amendment or a zoning map change by state law you have to Declare that it's its consistency with the comprehensive plan Or declare that it's not consistent, but that you're gonna approve it anyway. So that's why Again, are you ready for the question? I have to follow up question since this was a big issue ultimately in the case that The colony park case In Section three or article three of the udo. There is a requirement that At least that zoning map changes be consistent with the comprehensive plan Does that also obtain with text amendments? It does not that specifically applies to zoning map changes. All right. It's what I thought but I And as you might imagine it's a lot easier to determine whether or not a zoning map change is consistent with the comprehensive plan than a text amendment And I disagree with you and I think we ought to probably Revisit that handcuff provision at some point. We ought to look at that, but not tonight Are we ready for the question? All in favor. Let it be known by raising your right hand all opposed And moving to our next item historic preservation and Other process changes a text amendment item number tc one six zero zero zero four staff report Good evening. Again text amendment tc 16 o four Is an amendment initiated by the planning department to make corrections and clarifications and reorganized sections of the udo Related to certificates for appropriateness and review procedures for various applications as well as some Requirements for notification There's a summary within your staff report, and I'm happy to answer any questions about any of the the details Staff would recommend approval Thank you commissioner comments Okay, let me close the public hearing I did not have any individuals to sign up for This so thank you, and I'll close it and bring it back before the commissioners and start with commissioner brine To my right. Are there any other individuals who would like to sign up to speak for this? On this side and commissioner miller. I have two individuals in q commissioner brine and then commissioner miller Thank you, madam chair I have a question on page seven. This is the three dot 16 dot two Uh Subsection d action by the historic preservation commission Paragraph two Says that the hpc shall review the proposed historic district designation in the historic district preservation plan And shall recommend to the appropriate governing body Denial of the request or designation to the area Uh, I think you mean to say it should recommend either approval or denial Yes So commissioner brine this is um, this is not changing text and it appears that the The text used for context is missing two very important words and we'll make sure will we correct that before it goes to the governing body Thank you commissioner miller Thank you, madam chairman on page two In three point two point two Uh, pre-application conference a in the third line there it says is scheduled Tell me if you're with me and I believe The to the form of the verb to be required there in the command form is b not is Do you believe you're right commissioner miller? Well, I have my moments fix that And then on page three there's a table That has procedure and then the next heading is property owner and then there is another column there that does not appear to have a heading To describe What that column represents and I wondered whether it was meant to talk about institutional or organizational organizations that might be entitled to Notice I'm not sure when it says all in that column who is all So that would mean that if there's a A text amendment to the comprehensive plan all registered neighborhood organizations Would receive notice of it. I agree, but what you're missing is a see where it says in the in the previous Columns it says property owner You don't have a heading So I think what you're just missing something that that refers to some sort of institutional organizational Title to notice we don't say what you're saying and then that makes sense and then If you would follow me over back to Page Seven again in the red there under 3.1 3.16 point 2 b 2 in the proposed language It's just a recommendation that it's it's technically correct But it's it's written in the passive voice and it could be written At least some of it in the active voice and I think the meaning would come through clear And then I have one other thing here that has bothered me for a while In on page nine Um Oh on page nine again, this is in the context language So this is 3.17 point 1a After the strike red strike through it says shall be erected altered restored moved or demolished With or on such historic district or historic landmark mark And I think it would be better if it said demolished within such historic district or on A historic landmark or such historic landmark rather than to have Within or on and then on again It's just it's just awkward we think um And then finally, uh, I can remember a case not long ago where there was a lot of discussion about to what extent The a coa was to be required of the city when it was doing work on The city rights of way like with trees curbs streets, etc And there was a lot of hand ringing and dissatisfaction with with that The Seems to declare definitively that you have to get a coa That's for the city the county and public utility companies But on sunday a public utility company was out in a club boulevard making dramatic changes to power poles I'm glad that they did not have to wait until they got a coa because my power came back on on sunday Uh But so at some point I think that we really need to to contemplate this And delineate this a little bit more effectively about when a coa is required like under emergency situations and what have you I mean because a utility company that comes out and changes power poles They're not getting coas and Or I don't know. Maybe they're calling up if they're and getting administrative coas. Yeah, that's what they're doing Let's move on Yeah, I don't know but it's it I remember that case and let me address that sure I would love to hear So this just sets out the basic parameters There are two other documents that are very important One is the local review criteria that sets out what is considered maintenance that does not require a coa And then um, and you'll see in part of this that we took out maintenance stuff because it's in the criteria And so as long as we have it in one place, we don't have to rectify two different documents The second thing is that the um commission has adopted Rules in the rules of procedure different levels of scope of work That entail different approvals whether a minor work coa or a major work coa And they just recently updated that to jive with all of this And so that has a provision in it for emergency repairs I will tell you that the utility companies in the whole 16 years. I've been here have never ever once applied for A coa generally we consider most of what they do to be maintenance Of their utility equipment Usually in the right of way sure and I suppose that the issue would come up if they were proposing to to erect a structure That was not previously there or something like that. Correct. I'm cool with that Finally the last thing on page 14 um 3.17.6 coa for demolition destruction and relocation um And this has been something that has worried me because When the statute was adopted and when we first adopted our rules um About what the historic preservation commission was supposed to do when somebody has asked for a demolition And the way that that I read it was is that they could set any delay up to 365 days And that later if the amount of time they set it as a delay Was found to be burdensome that the uh, the person who had gotten the coa could come back and ask for relief from that That's the way I read it um The way that this seems to be written though is is that we start off with an automatic 365 day delay and that we reduce it if at that Initial hearing the applicant makes a A good case for a shorter period of time In other words, I had envisioned kind of a two-step process You get the the commission sets the initial delay and then maybe later if that's too burdensome The applicant can come back and ask for relief from that initial setting This seems to contemplate that it's all going to happen It it wants in this that it's going to be 365 days unless the applicant at that hearing Can justify a shorter period of time is that am I reading it right? Sarah young again with the planning department. Yes by um practice That is the way that it has worked Again for as long as I've been involved with the commission They usually start at the 365 days and then it's up to the applicant on the record through the quasi judicial process to Put on the record reasons why they should not be delayed the full amount of time and the commission has In certain circumstances, for instance the you know demolition of a non-contributing structure in bad disrepair Something like that reduced it. Um, so sure that is how it has worked Since that's the case and I'm not going to argue with that. I'm cool with that. Um, I'm The language in a here and I'm in the third line of a that begins however However, the effective date of such a coa may be delayed Perhaps it should say Shall be delayed or maybe we should say in a case where the commission determines to To delay and not immediately a grant the thing of the demolition coa That the uh, that it that the delay shall be 365 days unless the applicant can justify a shorter period Because this seems to be this seems to be saying two things at once that the it's when I read may there It says that the commission can set that the the the amount of the delay When in fact what we mean is we're going to start off with 365 days And that seems to me with an extra sentence in there We could make it clear the way it was going to the way we want it to work here in Durham I hear your comment. Um, I don't but you're not buying it, but I'm not buying it I will say that the commission I think does a pretty good job of vetting out And I don't know that we necessarily need to hamstring them with more shells and Well, no, I wasn't proposing to hamstring it. I just wanted it to be clear to the user who's not familiar with the procedure um, the the the The unaccustomed reader, but that's okay. I had my hearing. Thank you madam chair. Thank you stat I was just about to ask the staff a question as um, so to be clear about what this body is going to be voting on so we're Voting on the item as presented and not all of the additional changes that were you making these adjustments As you are we simply voting on this document the way that it's presented to this body. I think just to make it Clean and clear you're voting on the item as presented and the staff has Um, agreed to make the changes and we will make them In a way that we think will make you proud Thank you I think we're ready for a motion Madam chairman, I move that we send The uh, text changes, uh embodied in 16 quad however many zeros that is for Forward to the city council and board of county commissioners with a favorable recommendation Realizing that the staff will make such changes as they think are necessary in response to our comments And that we will be proud of that second can I Motion by commissioner miller In second by commissioner harris to send item TC one six zero zero zero zero four forward with a favorable recommendation and additional proud amendments All in favor of this action. Let it be known by raising your right hand All opposed Eyes have it I mean hands have it Thank you under announcements As the new chair of the planning commission one of our duties Is to handle appointments For the various committees that report to I'm going to defer to commissioner busby because during this process. I asked him If he would handle this for me Um And so I'm going to defer to commissioner busby at this time Great. Thank you, madam chair. She asked me to make her proud Our task was to identify three appointments from the planning commission to Additional bodies that are part of the planning department And so we have the joint city county planning committee commissioner harris has committed to continue His role which we appreciate. Thank you I have been the representative to the Durham open space and trails commission. I will also plan to continue that role the final Committee is the bicycle and pedestrian advisory commission And at this point we actually do not have a representative But I would certainly open the floor to anyone who is ready and willing to play that role Um, mr. Busby if I may I'm going to nominate mr. Alturk for that position I believe he should accept before we move forward. Thank you. I'll accept Great. Thank you. We appreciate it. Especially knowing that you have big changes Fun positive changes coming to your world in the next few weeks and advanced. Congratulations on on a soon to arrive child thank you commissioner busby for assisting with that task If there is no further business Motion to adjourn