 Good evening and welcome to October 13th 2015 Durham City County Planning Commission Welcome to the 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 elected officials will have the final say on any issue before us tonight You wish to speak on an agenda item tonight. Please go to the table to my left And sign up to speak for those who wish to speak Please state your name and your address clearly when you come to the podium and please speak clearly 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 If you're here opposing a rezoning tonight, you should be aware of what it's called a protest petition The protest petition can be very helpful to those residents who live in the rezoning area Please consult the planning department staff for any details on the protest petition and they will be happy to help you You should also keep in constant contact with the planning Commission as to when your case will go before The elected officials for a final vote Finally all motions are in the affirmative So if a motion fails or ties the recommendation is for the now. Thank you. Could we have the role, please? Mr. Busby Miss Freeman Mr. Gosh Mr. Gibbs Mr. Hollingsworth Mr. Harris Miss Huff Miss Hyman present mr. Keechin Mr. Miller present mr. Raleigh Mr. Van Mr. Whitley Miss what wanders? Mr. Hollingsworth has an excuse absence You received the minutes What disposition do we Would you like to take on the minutes? Mr. Chair, I would like to make one correction and then I'm ready to approve the minutes under my written comments for the family fair highway Case a 1 4 0 0 1 2 it should say I vote not to approve and says I vote to approve Otherwise, I would move approval of the minutes with that one correction Okay Get there Okay. All right, it's been motion that we approve the minutes with the correction that was stated Do I have a second? Second by Commissioner Winder is all those in favor of protrude hmm I've approved in the minutes with the one correction. Please show the right hand. Do we have adjustments to the agenda? Good evening, mr. Chair members of the Commission pat young with the planning department. I do have two requested adjustments The first would be to add an item 6b under new business, which is a discussion of the coalition for affordable housing and transit Requested ordinance revisions presented by dr. Winder's and 6c would be adoption of the 2016 meeting schedule for the planning Commission Thank you, and I also have a An adjustment like to make a recommendation immediately We approve the Agenda it's a recognition So to have a motion to adopt the agenda as Motion motion to adopt the agenda All those in favor, let me know much on the right hand did Gray Smith get back in here She's on her way. She went to get a copy of the UDO for Commissioner Freeman Okay, then I will wait until she's back in here to do the recognition First Item item 5 is a public hearing for Farrington mix z zoning change z1 5 quadruple 9 I Will open the public hearing for that case Good evening. Amy Wolf with the planning department Presenting case z1 5 0 0 0 9 Farrington mixed youth The applicant is wood partners and it's in the city's jurisdiction the request is from the present designation of office institutional with a development plan and Residential suburban 20 to mixed use with a development plan the site is 19.95 acres and the proposed uses for a mix of office and residential The site is four parcels of land at 5708 Farrington Road. It's between Rutgers place to the north and has Crescent Drive to the west Be so between Rutgers place to the north and NC 54 highway to the south It's in the suburban tier in the Lee Village suburban transit area is encumbered by two Overlays the FJB watershed protection overlay in the major transportation corridor overlay the proposed Request and development plan meets the standards for the mixed use districts that described on This table as well as in the staff report. It's 19.95 acres the proposed maximum density is 30 point zero eight Dwelling units per acre limiting the height to 120 feet and and meets the open space and Maximum street yards reflected on the development plan The site is described here on the left of this slide is to is to the north so it is tilted just a bit There is presently a single family structure shown on the development plan to the north of the site along Rutgers and a An existing place of worship along Farrington Road and Cleora Drive The most of the rest of the site is covered with tree or a tree covered and the proposed use Reflects the requirements of the ordinance Tree coverage is not requirement of the compact here the site commits the compact here It shows the committed access points one on Farrington Road to on Crescent Drive to onto Cleora Drive And there's three crosses access Points described that it meets the minimum commitments of the of the development plan by describing the intensity with a range of 500 to 600 residential units a hundred to a hundred seventy three thousand square feet of office and a hundred to five hundred square feet Encumbered in a parking structure There's five access points to the public right away and three cross access drives to the to the south the existing development to the south The the graphic commitments Are the location of the access points and the location of the building and parking envelopes which follows the property line There's a number of text commitments associated with this request This site will have one vertically integrated building in the first phase There's commitment for transit improvement as well as Asphalt for a bicycle lane along Farrington Road The and the project will can be completed in three phases There's commitments for landscape does guidelines, which is a requirement of the mixed-use district There's improvements to public street standards on Rutgers Place and Crescent Drive as well as Cliora Drive with improvements for sidewalks and bicycle sidewalk and bicycle improvements also on Rutgers Place and Crescent Drive There's a number of associated traffic impact analysis of improvements And they're organized by site by Roads so at NC 54 highway in Farrington Road, there's a number of improvements Which include a left-turn lane on Farrington Road a left-turn lane on NC 54 Highway eastbound right-turn lane on NC 54 and Farrington Road and westbound right-turn lane on NC 54 at Farrington Road at Farrington Road Construct a concrete island to City of Durham standards and NC DOT standards along Farrington Road and 54 dedication of four feet of addition or Provision of 54 feet of additional asphalt for bicycle lane as well as transit improvements as Described by City of Durham triangle transit or go triangle and data Also at Farrington Road and Rutgers Place. There's a north northbound left-turn lane at Farrington Road and Crescent Drive Improvement to City of NC DOT and City of Durham Street standards As well as at Farrington Road and Cliore a northbound left-turn lane So there's a number of improvements associated with the study for the traffic impact analysis Additionally, there's improvements at Cliore Drive also with the TIA and Farrington Road and And the site driveway and at the cross-access driveway This request for mixed use is consistent with the future land use map of our comprehensive plan Which is designates this site as office office is a proposed use for the mixed-use district For and reflect on the development plan the applicable policies of our comprehensive plan are are met through this request and Staff determines this request is consistent with the comprehensive plan and other applicable policies and ordinances and staffs available for your questions Thank you. I have three people Signed up to speak in favor of this project of Ken Spaulding and Debbie Deb Anderson and John Debbie and Between the three of you you have ten minutes so you can determine how you want to divvy up the time Good afternoon, mr. Chairman members of the Planning Commission. My name is Ken Spaulding. I represent the applicant in this matter Deb Anderson will give the major part of the presentation I just want to say that we have addressed the concerns of traffic environmental concerns as well as neighborhood concerns, and I just wanted to point out to you that it's it's Extremely important that we recognize how the private sector is stepping into an area in which we can show our Not only support, but also the need for this high transit corridor we came by Over in Raleigh we ran in a situation where they wanted to take the funding away for light rail in Durham the Durham County the Durham City Arms County they've recognized the need and I think with this project it shows where the private sector is not all is not only Indicating its support for this but also that they're willing to invest in this area and follow what the local bodies Governmental bodies have indicated they wanted so I just want to say that This is a good example of both public-private recognition of what's important for the future growth of our community Deb Thank You Ken Dear commissioners, thank you for allowing us to present our proposed mixed-use development on Farrington Road to you this evening I'm Debbie Anderson director with Wood Partners. I'm here with our triangle office development team Ron Pereira Tom Berkert and Caitlyn Shelby and we're joined by Bob zoom Walt with McAdams and earl a well enough Kimley Horn Wood Partners is a national multi-family development firm with a local presence I've been a Durham resident since about second grade and I believe deeply in our city and the need for quality rental housing Our triangle office has been active in Durham for over 20 years Successfully rezoning eight communities in Durham in each instance working diligently and Cooperatively with neighborhood groups and local advocates Well in advance of public hearings to design communities that meet the needs of all Our communities have diversified Durham's rental housing stock to include Class A garden apartments on Ellis Road old Chapel Hill Road Barbie Chapel Road Davis Drive and Garrett Road We developed Durham's first Transit-oriented high-density multi-family community called station 9 in 2006 near 9th Street We've also developed a student housing community which now serves NCCU and An independent living senior community with an assisted living component on Fayetteville Road Tonight we are pleased to present our first mixed-use community in Durham Located on 20 acres in the Northwest quadrant of Farrington Road and Highway 54 our project proposes both office development and multi-family units Located within the suburban transit support area We have voluntarily chosen to design our project to the city's approved Compact neighborhood tier standards the state the same standards that will likely set the tone for the future Lee village transit-oriented design district With your support, we hope to be the spark that ignites full city support for transit-oriented development in Southwest Durham Given the recent close call with light rail transit funding at the state level We wanted to show our commitment as a private developer to the city's goal for public-oriented High-density mixed-use communities near future light rail transit stops Just one-quarter mile from the proposed Lee Village transit stop our project will be a catalyst for future high-density mixed-use development in Southwest Durham Additionally, we will be contributing significantly to the city of Durham and the local neighborhood by providing meaningful improvements to Farrington Road Highway 54 intersection and to Farrington Road north of the intersection as Well as to Cliora Road and to the dirt roads of Crescent and Rutgers The final improved thoroughfares at two and three lanes widths will feature bike lanes and pedestrian accommodations Per the city's approved collector street plan We estimate our roadway work at the intersection and along these Thoroughfares will bring roughly two million dollars worth of improvements to this important transit area Our project also supports the comprehensive plan Section 2.1.1 Which calls for the compact neighborhood tier to have an improved street-level experience and to discourage auto-oriented and low intensity uses and We will be encouraging the compact neighborhood tiers goal of creating appropriately scaled streets That slow traffic reduce the crash rate leave more room for sidewalks and bicycles while also enhancing the comfort of pedestrians For neighbors adjacent to our site New curb and gutter with storm drain will correct current drainage issues on the single lane dirt roads of Rutgers and Crescent and Last but not least upon full build-out. This mixed-use community will contribute roughly 1.6 million in annual taxes to the city of Durham We are joined tonight by mr. Edy a neighbor living adjacent to our site who supports our proposal I would like to thank mr. Edy and Other neighbors for working with our firm over the past nine months to improve our designs and pave the way for a successful development In closing we ask for your support of our mixed-use proposal We remain committed to the city's goals for Southwest Durham and hope to be a catalyst for meaningful growth and vibrancy in the Lee village Transit-oriented mixed-use design district. Thank you. Thank you Good evening commissioners. My name is John Edie. I live at 5708 Crescent Drive directly across the street from the proposed wood partners development I'm here this evening in a dual role. My first role is as president of our neighborhood association the woodland acres homeowners association Which is comprised of the resident homeowners that live within the area of this property My neighborhood association has been supportive of both the plans for the Lee village transit station and for the concept of Compact neighborhoods The proposed wood partners development is consistent with our vision of this area becoming a transit-oriented mixed-use walkable community Therefore my neighborhood association does not oppose the rezoning of this property to mixed-use My second role is as an individual homeowner who will be directly affected by this project My wife and I have worked with Ms. Anderson In on minimizing some of the impacts that this project may have on our personal living environment Ms. Anderson has been very receptive to our suggestions and has Shown a willingness to make modifications That could help us protect our privacy and Our quality of life as long as those modifications meet current Durham development standards Based upon this Anderson's Responsiveness to our concerns my wife and I support the rezoning of this property to mixed-use. Thank you Thank you Do we have other members in the audience that would like to speak to this item? Or the other members in the audience that would like to speak to this item If not, I'll close the public hearing and bring it back before the commissioners do I have commissioners that would like to speak Also Commissioner kitchen has joined us. Okay Commissioner Gibbs Confined the button I have a question for I guess for staff if if there's anybody here that Can kind of pinpoint where the romp facility is going to go and and if it's I know it's going to go about Three-quarters of a mile up from Rutgers place Would it show up on this map that this is just for my information for future reference Pat young with the planning department commissioner Gibbs the proposed romp facility and again, this is proposed in the draft EIS by Go triangle there hasn't been any approvals granted. It would require a number of approvals from the city including a use permit and a rezoning But it's approximately a half mile to the north Okay, just under half from the intersection of Rutgers and Farrington correct, okay That's that's good. I you know, we have this is what the third or fourth Review that we've had that involved Development around proposed transit stops the first one was on the south street I think it's three or four one was in the south square area and another one along 501 Where the and that we just approved that last at last meeting But this one I Think is probably Exactly what is being Proposed in in all of the the mixed use the compact neighborhoods It's its proximity To the Lee station And I I've looked over this this thing. I really don't see any negatives it has neighborhood Approval So I think this is a good a good first step in In development that's needed Maybe to have some influence in Raleigh and everywhere else if there is such a thing But at any rate, it's a hopeful thing. So I I would support this And I would like to thank staff too for your for your work and in reviewing this it's a Very helpful as as usual That's all. Thank you, sir. Thank you Commissioner Bex. Thank you, Mr. Chair I was also going to say I think the staff did an outstanding job with this report and I really appreciate it It's going to be very it makes it much easier for us to be able to make informed decisions with the amount of information That was packaged in this proposal. I have one question for staff in particular It's the bottom of page four of the staff report. We it's the very last sentence actually it talks about the The traffic capacity issue on highway 54 it acknowledges that this isn't exactly Adjacent to the development, but it will go above a hundred and ten percent and then the final sentence says However, staff finds the improvements identified in the attached TIA and committed to by the applicant to mitigate These potential impacts. I just wanted to get an explanation on how how do we how is that impact? How do we make sure we get under a hundred and ten percent what what is being done here to ensure that and then after that? I have one other thing as well I'm gonna pat young again with the planning department I'm gonna let mr. Judge speak to that in a little more detail, but I want to say big picture what we were trying to communicate there Is that by using the term mitigate? Was that the impacts are reduced by a number of the improvements that are being? Provided by the applicant through this proposal, but not below the the threshold and again Let's just speak to the details Bill judge transportation. Yes, the applicant did prepare a traffic impact analysis, which looked at the peak hours particularly Farrington 54 intersection and With the proposed improvements it does provide an acceptable level of service Which is e here because of the transit station based on our comprehensive plan In those peak hours Would you reset the clock to two minutes? Thank you Great, thank you, and then I was just going to say a big picture there's a lot in here that I really like and It's great to hear that the neighborhood association and neighbors are supportive of the proposal I have to say I'm deeply concerned about the affordable housing goal to be at 14% currently which is just below the the 15% goal that we set and they then go down to one and a half percent Raises significant concerns for me. I think other folks will probably Raise that as well. So I That's something that that we may want to hear from the proponents and but again I've been looking at this that raises a big concern for me. Thank you Commissioner Freeman so picking up on The Bugsby's Bugsby's comment I want to specifically ask staff how This is consistent on the housing basis if it doesn't meet that affordable housing percentage So pat young again with the planning department our review That's presented your staff report is very explicitly and this is by the UDO meaning were required by the UDO to Frame our recommended or not our recommendations our report By directly addressing adopted policies and ordinances the 15% of units within a half mile of each future transit area was a goal and it may sound like a quibble But that's a significant Distinction there's not actually a policy or ordinance that implements that goal. It's simply a goal There's been ongoing efforts. You all have recently seen text amendment studio We have a consultant under the direction of community development department looking at future options to implement the goal But since the goal is not an adopted policy or ordinance It didn't result in us finding a lack of consistency with adopted policies or ordinances So specifically to that if there is no policy and there and there is development happening around those transit area stations Would it be your Suggestion that we hold off on approving development in that area to make sure that that policy is in place so our role as staff is to Analyze carefully the adopted policies and ordinances I think you all have the discretion to look at city adopted goals and any other Considerations that you all feel are in the public interest, but from a staff perspective We don't have a basis to to find any inconsistency with adopted policy or ordinance And I just have a question for the developer I don't know how aware you are of the issues around Gentrification in the city area and how we're losing the affordable housing that's available and recognizing that with transit There is a specific population that is being left out of this development that's happening And going from Chapel Hill to Durham and stopping just east of Austin Avenue I'm sorry, just west of Austin Avenue and not going east Would you by any chance be willing to consider any affordable housing options? Within your planning if you'll permit I've prepared a statement that I'd like to read if that's okay And then maybe go a little more ad-lib after that Thank you for the question We have thought about this quite a bit We are aware of and pleased with the city's adopted goal for affordable housing In light of the importance of this goal and our desire to support this goal as a private developer I attended the city's affordable housing and transit workshop on May the 19th I was truly impressed by the effort of the staff and the panel of experts who had gathered to present an Objective perspective on how best to implement an affordable housing program in Durham that will promote the city's adopted goal of increasing affordable housing options specifically near planned light rail transit stops at the workshop the staff explained that Asking private developers to incorporate affordable housing into private multi-development projects Creates a significant financial gap for the project as Result of this financial gap the project cannot be financed in the private market and therefore cannot move forward Currently the city has hired an experienced consultant to assist in creating a toolbox, which I thought was a great Kind of picture in your mind a toolbox of programs and incentives Which would enable private developers to bridge the financial gap, which currently prohibits a collaborative effort Towards additional affordable housing units at wood partners we see the value and need for affordable housing for the residents of Durham and Specifically the benefit of having affordable housing near the light rail transit stops We believe that once the city completes its housing and assessment plan, which is noted in your adopted Goal and prepares the transit station and neighborhood transit center plans for compact neighborhoods Which is also noted in your adopted goal then the door will be open for meaningful private and public progress. I Hope you will find evidence in our current proposal I Hope you'll find evidence in our current proposal and throughout the staff report of our willingness to not only meet but exceed all city adopted plans policies and ordinances and Likewise, we look forward to being able to work with the city on its affordable housing initiative at such time as the city has Developed a program with clear implementation guidelines in the meantime I know that may not be the answer you wanted to hear but in the meantime. I believe our project Contributes meaningfully towards the future of affordable housing in Durham by providing Evidence that private developers can and will Invest in high-density rental housing near future transit stops We're going to be the first ones out of the ground here You know, there's a lot left to be Determined about the Lee Village design district And I think we're trying to show good faith by putting a foot forward in this area before anything else has really happened to say this is a great place for people to be in Durham and and not only great for residents But great for developers to come and invest as well. So that's that's what I've prepared. I know that may not have Provided you exactly what you were looking for but Yeah, another question. I'm sorry So I just want to make sure I'm clear and understanding that what you're saying is a private developer Because the financing would be difficult for you to provide any affordable housing within your development We're supposed to give you 671 units at market rate and that's just because the the Resolution or the whatever the ordinance that we have in place has not been adopted My policy I think a couple of things we've asked for five to six hundred units not six seventy one So it's a little less and If you could put yourself in my shoes and try to imagine how to implement let's say I were to offer something tonight How would I go about? Doing that there there are no guidelines There there's no there. There's no process by which it could be Monitored or inspected by the city. I think that that if I'm not sure how many of you were able to attend that hearing It was it was fabulous the staff did an excellent I know I saw you mr. Gibbs the staff did an excellent job of presenting the magnitude of the gap The gap is quite large To ask for 15% of all those units to be provided at a certain income level Creates such a gap that we cannot get the deal financed there are large institutional investors that join with us to build a project of the size Each phase of our development will be 45 to 50 million dollars and we we don't have that money ourselves We get investors to come and do that and the first thing they would ask is so what's the program like in your city? You know because they may have operated in DC or in other places where there's a program and they can get the rules out And they can see how it works. They can see what we have to offer You know what kind of residents will be able to live with us How we have to build that how it's inspected as it's being constructed how the payment system works after you've got it up and running All of those things still have to be determined and I have complete faith that Durham's headed in the right direction I mean you've hired an excellent consultant who really knows her stuff and I think that ideally it won't take very long I don't know Pat Pat if you can speculate But I think within the next 12 to 18 months Durham's gonna have what it needs in place So that this can happen this can be done and we'll still be here We've been here for a long time We hope to continue to develop here for a long time to come and we do believe in affordable housing It's just there's not a mechanism. There's not literally a mechanism by which we can do it right now Even if it were just 1% if it were five units it would show good faith effort just so you know There's no there's again, there's no way to like based on It's just like I don't know have a mechanism based on income I The only other thing I will say is that I know I know that the consultant has sought to the city in the work meetings At this point about not piecemealing a program together So I would just ask perhaps that we not get into piecemealing when there's really not a plan in place This would not be a part of the plan because the plan has not been established This would be based on your development specifically and your development Would you be willing to offer any affordable housing at all? No, I don't think that we can do that And and it's it's a very complicated matter and in large part because we would not be able to secure investors Who would be able to understand the program and prove that we could do it? We'd have to prove to them that we could and I and I can't do that right now with the city's lack of a mechanism Commission mill thank you, mr. Chairman. I have a question of staff right now. We have a planning process ongoing Which includes creating a compact neighborhood tier in this area. Is that correct? Can you tell us where that process is? Good evening. I'm Scott Weidner from the planning department the that planning process is scheduled for two more public meetings and then our the draft recommendation will be presented to the Commission next month and It's scheduled for the public hearing and at the planning commission in January, so it'll be probably Early to mid-spring before the elected officials act on it Mr. Chairman if I may If one mr. Whitman still near the microphone does that process also envision or contemplate that a compact neighborhood tier This location would be converted into a design district That would be part of the future plans, but the this project would only Change the comprehensive plan to to change this into a compact here and then at the future we would Similar like we did in 9th Street work to rezone each of the compact here is to a design district Thank you And then I have a question for miss Anderson if I may Your development plan contemplates a significant parking structure. Can you describe that to me? Or at least the parameters that would control it May I invite someone else to answer that sure Sorry, we it's associated with the office. I apologize. No, that's fine Good evening Bob's on wall with McAdams But you would you restate please speak in the mind. Yeah, sure. Sorry about that Bob's on wall with with McAdams I'm a landscape architect working on the project with wood partners. We read your signature a lot Hopefully with with kind thoughts We haven't designed the whole project yet obviously but with that level of office space and Residential what we're envisioning is there probably two types of decks the office component would probably have its own multi-level deck And then the residential Component on our side would if we have a deck it will be wrapped if not completely for the most part It will be completely contained within wrapped within a multi multi-story Residential structure and this concept of wrapping this deck is that reflected? I didn't see that as a design commitment in the development plan. Is it there didn't I miss it? The version that we get has very tiny print Trying to peruse our design commitments I think we had Amy didn't we have some reference to we didn't have any Okay, I think we oh here we did we what we what we did mention about the deck was that the finish and the materials Would be designed to complement the aesthetics of the building so and that you wouldn't have a roof That's all I saw that's right to this at this point before anything's been designed. That's all we've kind of committed And if I may mr. Chairman another question for the developers design team Understand that you've worked out some arrangements with the neighborhood to Soften the impact how are those what are those arrangements and how are they reflected in the development plan commit design commitments? and I don't have that with me. Um, yes, I do hang on. No, I don't and So we've worked with Mr. Edie in particular on So as you can see there's nine or ten or twelve current text commitments a number of those will be revised And a number of things that we've worked on with mr. Edie are not really appropriate for text commitments So we've have we tell me what they are is really the base of the question, right? So We will be Using a 20-foot evergreen buffer across from him. We will also On any building that is within a certain distance of his property We will probably we will be using we will not have open porches and balconies. We would use sunrooms If there is a pocket park in the northern end of the property, we will set that up as a passive pocket park with no playground and no outdoor music venue quieter activities such as a garden or Seeding area if we have a pet Like a dog park that will be fenced so that the animals can't kind of run around all over and he asked also about lighting and We've determined that the code is adequate for covering the lighting that would be required to keep lights from shining into the property And I think we had a couple of other Trying to think if there's anything else that couldn't be listed I think I think what happened is a couple of things too were already Required by the code and so we were able to meet His wishes by the code so which of those are not appropriate for design commitments in your opinion They are what we hope to do is we have some of those are there now and some of them We hope to install between now and the city council meeting In working with Amy to have those added and drafted which mr. Edie has agreed to do with us because we we thought originally that we could do those in a We thought we could work with a sort of a side document or other kind of legal document And then we all agreed that they could be and should be text commitments And so we have to work I think we didn't want to cut and paste with our language We wanted to work with Amy this week before she preps her report for city council So that those text commitments can be drafted in a way that the city can enforce And I think mr. Edie would confirm that he and I have an understanding and Bob has read those and helped us draft them But we do need staff to look over them and tweak them and get them into a form that's acceptable to the city Thank you, and then finally can you tell me how tall the buildings will be especially in there and what is the northern? portion of the property and we Maximum building I can't Yes without They're not gonna be any taller than four-story buildings And so probably about a 60-foot high building the way it's We do not nine to ten foot ceilings with a you know foot and a half in between We haven't actually programmed the site that specifically yet waiting to see if it were rezoned But the buildings at the northern end would be Three store some would be three story in height and then as you start to move southward Because the apartments will be at the northern end as you start to move southward We hope to approach four-story And a portion of that will be surface parked And then as you move even further south with our second phase We hope to be able to do a wrap deal and to answer your earlier question generally the apartment units Wrap the deck so that neither the residents nor the neighbors are looking at the deck Are you proposing wood frame construction? We will yes. We will be doing stick frame construction, and we'll never mind Thank you. Those are My questions, Mr. Chairman Commissioner winders Hey The force staff I Would how did we I'd like to ask how did we get to using the the Design district standards when when we haven't even made the compact tier and we're we're still in the actually in the suburban tier To start off with any will for the planning department that this Project this application was not reviewed under the design district Standards, okay the applicant has committed to compact tier neighborhood tier standards, which is Mixed with this application with a development plan correct. This was not reviewed against design district standards, okay, so What is the? I Thought I saw something in there about that was compact Maybe I got mixed up between the design district and the compact tier standards, but The what do you call it vertical integration? What what effect does that have on the having vertical integration? what effect does that have on on densities that are allowed and and The standards that are applied sure the vertical integration Permits the a mixed-use project to use the entirety tire acreage of the project for Density calculations and would allow for in this case 42 units per acre could it would be considered support area So that would be the maximum permitted in this instance with the commitment to vertical integration and the compact tier So what is the 42 would be the maximum the maximum with the integrate vertical integration? Yes, ma'am. Yeah, and without it. What would it be? I believe it's 17 Without the commitment for vertical integration. I believe it's 17. I have to check that. Okay So about the vertical integration what what is it seems this is going to be Office and residential is that only like Restaurants and and what is going to have to explain how the vert the What the mixed uses are and how the vertical integration is what can be vertically integrated? Okay? Well, I asked the same question early on we elected to use the two mixed-use designation instead of three mixed uses so the two uses will be residential and office and There will be an office building at the southernmost end of the site and then in our project we which is primarily residential We will be integrating some office space So the vertical integration will occur with office and apartments mixed in the same building So there will be no retail though. It's not there. We didn't add a third use So there's no commercial component. Where do you anticipate that the people that live in these 600 units are going to be? going to Going out to eat and getting their hair fixed and they're dry cleaning done etc Well, we're pretty close. It's not gonna be on site, right? No, we're pretty close to South Point Mall I mean we have a few restaurants right at that intersection, but we're pretty close to South Point Mall It's also not too hard to get into East 54 and Chapel Hill And there are a number of grocery stores within a mile in in a couple different directions So I think it's I think that will be okay. So how is this going to be a walkable community? Well, we're just the catalysts. I mean I tried to make that point We are the we are the beginning of what will be I think I think Lee Village is approximately 300 acres I mean over the next many years you will be seeing a mixture of uses come to Lee Village We are just the first and we're on the very edge and we're near the intersection which We will be bringing a number of improvements to to get that so that it's functioning properly as we Build our product out, but I think over time You're gonna see all the land to the north and to the west is where the majority of the Lee Village design district will be and the transit stop is Kind of like 10 or 11 o'clock from our deal about a quarter mile in And we're prepping the roadways to have the appropriate widths and the sidewalks and the bike pass and everything will be able to go in that direction over time So you said you're a national firm and but you have this is your first transit oriented development No, it's actually our second. It's our first mixed-use project what we've done before we did Years ago over at 9th Street We built station 9 and we worked with the city of Durham at that time the highest density You could build multi-family was about 20 units to the acre and that was considered like density So the categories were like 812 and 20 So we spent about a year working with the city to help them draft new language that would allow those Categories to go up then we spent another year Re-zoning our property and then we spent another two years building that property and it was high density But it did not have any retail on the first floor. It did not have any office integrated So there was no there was no integration So the so at this point we're coming back to you and with what I'm calling more of a true mixed-use development It'll be for us. It'll be our first mixed-use development We've been primarily doing just purely residential, but this is more appropriate for this area And it's kind of where Durham is headed in a number of ways I mean at this point you have you only have these opportunities for residents in downtown Durham at this point That's where that that's where the higher density apartment deals are and so we're going to be opening up a whole new pocket of Durham for High-density and and help promote this transit stop Which if you think about it you've got some traction over in downtown you have some traction at 9th street You're going to be getting some traction in Patterson and this is the next one And so we're trying to kind of kickstart what could happen in that area and and then about the affordable housing I was I was really happy to see the analysis at least in the in the staff report and I'm glad that at least the developers are aware that the resolution is there I don't really find your your Explanation that you can't Do anything about it because the the city hadn't made the guidelines yet very convincing though And I think there there is a mechanism for monitoring it in the incentive that was passed last recently in the Density with a density bonus for Affordable housing that opens the door to build it that I don't think that has anything to do with how it's monitored for the long term And how the city manages that program and for what it's worth. We're able to secure the density Whether it's right or wrong. We're able to secure the density that we need in this area We don't need the density bonus because we also don't it's all the ordinance is already generous enough without your Using the density bonus has to know what offers other things like a parking reduction, which frankly I'm not sure that makes a lot of a sense. I mean, I don't think affordable residents don't have cars You know, so there are some things that need to be sort of worked out right now the incentives to developers aren't very effective And at the presentation that I went to I was I was actually kind of blown away with the number of tools That could be put in the toolkit and I think you know Pat you were there and several of you were there There there are dozens of things that the city could look at doing that's being done in other cities around the country some of them are things where you would you would kick in some of them we kick in some of them we work together and I think because you have a consultant here who's done it before she'll be able to pick and choose the ones that are Right for Durham and then at that point we move forward with with whatever is decided to be You know that that toolbox and it would give developers some options. Maybe I get some impact fees waived Maybe we offer units and we work out how the how the funding of those goes, you know That there will be some tools there will be good tools in the toolbox eventually We have a real high expectation for this three or four month consultant study. I Think another thing that's difficult and challenging when you look at the stat and I know it was it was disappointing to me You're starting at 14% in this pocket and we're dropping it to one And I would simply ask you to remember that the basis of the study starts with 70 units you have 70 units That's it right, but we're adding 600 Right, and that means that before long other developers are going to come along you have 300 acres So maybe the others will do all affordable housing and then they don't need to I just I feel confident I'm I really do believe I feel confident that 300 acres is going to be developed You have to just look down the road. It's going to be developed around that transit center and there will be plenty Plenty of opportunity for this to work out to where it makes sense for everybody to be able to do it I think the path is getting cleared and the important part is that you adopted a goal and now you're on a Time a time a track you're on a track You're on a path and it won't be long before you get there to where there's a toolbox that makes sense And I would encourage all of you to go look at the slides They're posted online for the work that the planning staff did they asked city help I was there They asked self-help to come in and run the numbers and the self-help spent like 45 minutes working through the numbers And it was it was pretty clear when you look at that the challenge that's there for both public and private right now There's a really big challenge There's a financial gap that it would be nice to pretend doesn't exist But it does and we have to address it and figure out how to deal with it together Commissioner gosh Thank you. First of all, I want to you echoes Comments made by some of the other commissioners the staff did a wonderful job with this report. Also. Thank you for changing my name tag Appreciate that I don't really have a question. I did want to comment on this I think everyone up here understands that affordable housing is an issue in Durham But I think it's not so clear. It's not a developer issue. It is a Durham issue There's a reason that developers aren't able to put in affordable housing I think what miss Anderson saying is that I would echo that very much We should also recognize that at this project in particular They are doing significant road improvements and infrastructure improvements which make which add cost to the project would make it you know further More difficult for them to incorporate things like affordable housing this project. I think it's a great project and as Miss Anderson mentioned There are 300 acres or so in this neighborhood plan and Not not in this plan, but in the entire What is it? I'm sorry. Yeah in the compact district and You know, hopefully with infrastructure improvements that we're seeing here and the commitment see the transit oriented development We will start to see Affordable housing units develop, but I mean, I'm not really seeing the way for it to happen in this particular development That's really all I had to say Are they of the commission of Huff and commission of Huff has joined us I have a question for I Guess planning what is the median income in that area? Was that at the Affordable housing What is the median income? So commissioner Huff we did look at that data point when we calculated the percent of affordable housing But I don't have that available certainly follow up with you all I think the key point is what Miss Anderson alluded to which is there's only 70 residential units in the area So the the base is very low Question also for y'all Retroactively can affordable housing be added to this project after the units are built if there is an incentive like a tax abatement or some other kind of It's certainly possible depending on the tool that's used I think Miss Anderson's characterization is has been fair about where the city's at in the development of tools Particularly more robust tools where there's more direct participation by the city and that's probably what that would take But is it possible? Certainly. There's nothing that prohibits it. Okay. Thanks Commission frame So I just want to make one more comment and saying that I think that development is a great step in the right direction I think that the improvements as as commission negotiate mentioned are great I love the way you're working together with your neighbor The issue is more so the affordable housing and the fact that this is just the beginning of the wave It could happen in the next 18 months and we will not have a policy in place as you mentioned and We will have the same conversation with every developer that come that came in the same that we've had with the Irwin Road and with There were two others, but We can't continue to give away rezoning in this city and expect for things to change and that's just the issue For me, I just can't continue to say yes to rezoning and not do anything about affordable housing. It's just not acceptable And yeah Commission bill I guess I feel to a certain extent the same way that Commissioner Freeman feels To me this project seems to be jumping in front of a lot of important planning initiatives that this project could be part of and contribute to But by being ahead of it. We're losing community opportunities To guide development in a way to accomplish Durham's Identified goals which have to be translated into into more concrete policies, but all of these policies are on the way We have a compact tier planning process Underway right now For this area. Why don't we wait until we finish that process? Instead of approving things that That will instead of approving things that will in my opinion might even work as impediments to that to the successful completion of that process We could complete the process and then consider how this property should be used and then and so it'll complement rather than impede it We have an affordable housing Program underway and we're trying to create policies for that the developers herself says That she doesn't know how to do affordable housing because Durham hasn't told her how Well, then maybe we should wait because this is an affordable hat. This is 600 units This is an affordable housing opportunity, especially around transit stops. We have the goal Quite frankly, I'm not sure that we will have light rail and it worries me I do not necessarily see what happened in the General Assembly is necessarily a good sign I think that when the Legislature reconvenes it'll be the for the most part the same legislators They will have the same concerns and I think a bill that instead of being introduced at the last minute is introduced at the first minute May pass and we may not have a light rail system and I'm a little worried about putting all of our eggs in the light rail basket quite frankly Mr. Judge, I believe if I understood him correctly said that without light rail in this Project, then we'd be exceeding the hundred and ten percent standard for highway 54 in which case We're going against our own policies. I would like to feel better about light rail than I do right now I mean that was quite a blow and the objection that the members of the General Assembly seemed to have was not the the Policy, but it was in the timing and the way it was introduced into the budget It was procedure that they didn't like it wasn't policy and it worries me very very much I Would like to see what this development plan looks like at the planning commission level and To me there are a lot of commitments that basic commitments in mixed-use development that are missing. We talked about Building height we talked about Wrapping parking structures. We talked about the things you've worked out with it with the neighbors All of those should have been in this development plan for our consideration. I will mr. Chairman. Thank you So I would like to see at least a 60-day delay a two-term delay on this so that we can get at least some of this Wrapped up and finally I say to the developer Just because we don't we the city of Durham don't have guidelines to tell you how to do affordable housing There are examples where developers in Durham have included develop affordable housing commitments that they made up themselves They may not be the ones we want that we design later, but at least it'll be affordable housing that we don't have So I ask you to look at that. It doesn't have to be 15% it could be 2% it could be three units Thank You mr. Chairman Was your disposition Mr. Chairman, I'd like to make a motion if I may I move that we defer action on this rezoning request for a period well until our December meeting Second the motion readiness Point of clarification. Mr. Chair and and I guess Commissioner Miller Just to clarify would would it a continuance be acceptable versus for I say it's the old lawyer thing Continuance is what I mean. I don't mean to start the public hearing over again a continuance I would like to see a more complete development plan Second, okay Okay, so the motion on the floor is for a continuance of this for 60 days Can we have a roll call or do we need to have discussion? Okay, I Just think that because It would be a good idea to have some time to To see if we could work out some plans for affordable housing Plus the fact that these commitments these text commitments are missing, you know, this this application should be complete Before we approve it, you know before we recommend it You're the deadline for having the application done as a planning Commission meeting not the not the city council meeting in my opinion Okay, I will allow you Again, but I don't Just just one thing I wanted to mention a lot of the reason that That these commitments are on the plan is because we have we've already worked all this out with the with the neighbors And so there's there's no there's no there's nothing between us that there's any concern that we're not going to commit to that So we didn't feel like that was an issue at all with regard to height the height is limited on the development plan with regard to Things like concealing a deck. I mean, this is probably the fifth or sixth mixed-use high density deck wrap I've worked on none of which ever had any of that in their text commitments. Some things are driven by the market I mean when you build this level of density The only way you get it to rent and feel like a class a space is you do things like you either dress the decks up with high-level Finishes which we have committed to or that's the only way you can get this sort of density and get you know Market rate rents for class a space is they have to comply with what the mark is accepting which is wrapping these Projects these decks with with the building. So it's I don't feel it's accurate to say this is in incomplete I don't I feel like we could have We have neighborhood support from mr. Edie with with just a letter agreement But we just feel like to do him justice. We should put those on the plan I don't think that it was necessary, you know to do it ahead of the planning commission meeting because we really do want to keep Moving with the project. I think you're gonna speak speak to the motion and not the comments that he may Speak to the motion That's on the floor and not to the comments that he may I'm not sure I understand what you mean, mr. Chairman But I will note however that when we worked on station 9 there was a text commitment in the development plan to wrap Okay, you're not speaking to the motion To the motion mr. Chairman, thank you I Think back then the way that you processed Plans with the city was completely different. I I do believe that we produced development plans at that point in time Which had to show building footprints. They no longer motion ask for the motion on the floor is for a continuance It could you the motion and not I would like to know Specifically what I am supposed to work on for you during the 60 days If you could be clear about that or follow up with me after that would be helpful the What he was stating was all the text amendments that you had mentioned. It's not in our report It's about a sentence and a half that we could present I found it and I can read it to you if you'd like I Have I have it in my folder and could read it to you if you would like that No, no any other comments If we could hear the clerk called again the motion on the floor to continue this Request for a 60-day Continuous Well, we want a more complete report. Yes Yeah, mr. Ghosh No Mr. Busby Hi, mr. Gibbs No Miss Hyman No Miss Freeman I Miss Huff Mr. Harris I Mr. Kenshin, no Mr. Miller I Mr. Riley Mr. Vann this wonders wonders I It carries eight to four Thank you and Now before I before I go into our life If miss Gray Smith would join me at the Recognition the North Carolina Association of Zoning Officials has recognized one of our staff members for the Outstanding The outstanding member of the year of the North Carolina Association of Zoning and This was done at the 34th annual conference in Wilmington and Miss Smith it's the first member of the Association to have received this honor two times and She was she was awarded this recognition in 2011 and also back in 2008 she received the Official she was the the zoning official of the year she received a zone the fishing of the year So this is the kind of talent we have here in there and thank you for Okay, mr. Stop Thank You chair members of the planning Commission before you is just an informational item for Texum MTC 1501 On a yearly or slightly more than a year basis we bring to you a set of technical and minor policy changes in a lump sum for consideration by this board and then on with the elected officials and also consistent with at least one as I've been Responsible for these text amendments to bring them to you generally larger text amendments like these or some other topics Bring them to you at least a month in advance so you can kind of digest them have more time to digest them. You're welcome and then have more thoughtful Discussions questions, what have you after you've had time to look them over since they are numerous in pages if not in amount I'll be happy the report That accompanies this is is pretty straightforward and specific Be happy to answer any questions now, I know there was questions about the affordable housing You could always just lead into that if you'd like, but I'd be happy to answer any questions Okay Okay, so within the next 60 days Within the next 60 days, how much of The affordable housing I guess policy do you think we could get I Think we'll save that discussion for the next item on your agenda, which is What Miss winders had had a loot asked to discuss? We will bring this actually back to you in November for the public hearing Commissioner Miller Thank You mr. Chairman. I have about three questions the first one concerns the historic district landmark Historic district or landmark designation the Initiation process under our current rules to initiate a district If petition signed by the owners of 25 percent or some percentage of the property in the proposed district Submit a petition that it automatically starts the process This would add a step a procedural step making the that petition go to the appropriate governing board For discretionary decision on whether to move forward or not. Is that correct? That's correct. I Guess my problem with that is is right now That discretionary process one person can ask who doesn't even have to be a property owner can ask the governing board to initiate The creation of a historic district so it seems like we are having Redundant procedures with no particular point if we do it that way in other words under the Constitution anybody can ask the city council to exercise its authority and we have two ways of doing it city initiated and By citizen initiated this turns the citizen initiated process into a city initiated process by a Request and anybody can request it so I'm I think maybe the thing to do would be to just do away with the citizen initiated process and rather than to have an overlapping and procedure My I kind of looked into this a little bit my recommendation Winston Salem has a great way of doing citizen initiated historic districts that takes into account this question of Whether or not because you know the citizens initiated but then the staff has to do it the city expense resources It's this whole question of resource expenditures. I know that you're getting at I think the Winston Salem Ordinance actually contemplates this in a way that in my opinions a little bit more Orderly than what we're proposing so I between now and then I'd like to we can definitely take a look at it I'll consult with Historic preservation staff and those who are a little bit more knowledgeable about the reasoning behind it and we'll see if the other thing And then let me ask Can you explain to me the change to the neighborhood meeting proposal? This is 3.2. This is a Lot of us have kind of watched this neighborhood proposal thing in the way. It's preferred I mean the neighborhood meeting thing the way it's performed over the last few years and And I was I want to understand this change and at some point I would like to Say that it's maybe it's time to review what happens there I'm not sure that it always is a It always ends up being a good thing for the people who have to go through the process Why are we if it if a comprehensive plan amendment is not include it is included then you don't have to have the neighborhood meeting I'm not sure understood the policy. It's it's to be consistent with the Notification requirements, so you're not getting a notification for a neighborhood meeting when the Actual zoning map change that doesn't have a comprehensive plan goes out only goes out to 600 feet So there's a disconnect between the two so it's trying to remove any confusion That's why I got a neighborhood meeting for a proposal where I don't get an actual notice proposal for the zoning map change Because there's other require there's other instances where a neighborhood meeting is needed not necessarily with a Wouldn't it be better than to make the radius reconcile rather than to drop those people out of the neighborhood meeting Well, that's a different. That's a whole different policy issue in terms of expanding No, I was talking about making it shorter not bigger, but and then Something else I saw in here. Mr. Chairman if you don't mind I appreciate you everybody's If you would look at six eight infill development residential districts the corner lot standards Is this because of the problem that came up in Trinity Heights? No, it's been an ongoing issue. I'm not familiar with the problem with Trinity Heights that's where an alleyways separated in in the litany of Standards for setbacks for corner lots under their circumstances. There wasn't actually a Provision in the code right and it's a corner lot the corner lot issue has been something that's been ongoing And it's always been discussed that we need to do something with about how we address corner lots where there are alleys and and also where There are alleys, so yes Thank You mr. Chairman. Those are the questions I had Any other question commission I Notice there isn't any There isn't any adjustment here You haven't broached the problem of Renters and people occupying properties 600 feet I thought that planning the planning department was going to get together maybe with the Chapel Hill some Name Proudie or proof proof Marty proof To come up with some way to notify people I'm not are not property owners that are living near rezoning. I'm not Particularly aware of that Discussion we can again check with the administration see where that if there is I'm afraid I'm not familiar with what you're referring to commissioner I've we do share information with Chapel Hill staff in their notification joint notification area And I know there was at least some discussion about notification of Occupants, but there wasn't adequate policy has ever been drawn up about it No, we didn't feel like there was adequate policy direction to pursue that it's a substantial additional cost without policy direction So we didn't include it in us Any other comments if not this is just information. It's informational. All right. Thank you the next thing we have on our agenda is Six be the consideration of language for affordable housing so this This kind of overlaps with the previous Item and in that I Wonder if this is would not be an appropriate addition to the text amendments and This this when we had when we considered the affordable housing Parking and density bonus text amendment back in July. I think it was our the After after the planning board meeting met the the coalition for affordable housing and transit discussed that the the this this this text amendment and this Site decided that we really wanted that text amendment to go a lot I mean those those incentives and that toolbox, you know for Encouraging affordable housing to go a lot farther than it went but we realized that there is a Whole lot of work involved in getting it as far as it went and It would take another big hunk of Staff time and work program time and everything to add more to it So we didn't want to hold up what was there just because it wasn't enough, you know, but we did think that at least Modification should be made to the depth to the to the definitions and the purposes of the zoning districts to because the existing definitions of the of the compact neighborhood and the comp and the Come the design districts urban design districts, you know just talk about Density and we we believe that that It's not and and I believe that that is not what the community thinks, you know That is not the community's vision of these urban neighborhoods It's not just it it makes it and some of our the planning the reports and recommendations You know sound like we just want density for the sake of density, you know, and I think it's not just any density that is desirable and that and so we tried to add in the idea of equity and not just land use Diversity in the multi-use category, but also socio-economic diversity and income diversity so we don't want just a mix of land uses a mix of having having residential and office and and retail But we want to have a variety of income levels in In the developments. That's what makes a vibrant urban neighborhood not just the the buildings, you know, so And this we weren't trying to to Take over the planning department's job by making up these these Actual changes here. They're work the wording of the regulations, but just thinking that it was it was a small change You know, it doesn't have any real dollars and cents effect but that and That it would take very little staff time to put to add this on to the an amendment that's already there So we and So we made this statement I made this statement for the coalition to both the city council meeting and the county commissioners meeting and They both were generally supportive of the idea and agreed that the current language did not really reflect the values of the community But and the county commissioners actually took a vote saying we will we can't add it to at this time because That you got out there are all these rules about notification and you have to Put in the public notices you have to put out What articles are changed and we were proposing changes to a different article that wasn't mentioned in the Public notice so we couldn't add it to this one But the county commissioners, you know voted on adding it to another update or reviewing the language and Adding it to another update. So I thought that this would be the this Omnibus text changes would be an ideal one to stick it on to and since so I wondered if we could could make Make that Recommendation and since we weren't asked to vote about the it's just informational about the text amendment, so I just thought maybe we could make a motion and And I'd like to hear from staff about, you know, what what is what is the are there any? What do you think about adding it to the omnibus text amendment? Thank You commissioner winders and members of the Commission Pat Young again with the planning department We we certainly heard loud and clear the feedback that the Board of Commissioners particularly and City Council gave Commissioner winders on this issue and we took This proposal that is at your dais and I think you received the email yesterday along with several other Potential text amendments to the joint City County Planning Committee Chair Harris was in present along with three City Council members and three County Commissioners at that September meeting of that body and Went to them and asked if there was any interest in modifying our current year work program to include This scope and there there was not any so since this was not included in our current year work program We certainly and have every intent to Consider this for inclusion or FY 17 work plan specifically As I think you all are well aware we we have brought you all and they both been adopted by council and the commissioners what we felt were the All effective and legal UDO changes that would pertain to affordable housing, which was the density bonus and the Parking reduction for affordable housing We did not feel like there were any other at that time Effective and legal tools on a North Carolina law that could be incorporated into the UDO, which is of course a regulatory tool So what we want to do in preparation of FY 17 is look at the language that the coalition has provided us But also look in detail at the comprehensive plan the work that comes out of the community development department and the consultant that You heard about earlier tonight More consultation with our legal staff and figure out what is really going to be most is both legal and effective For language rather than just intense statements So we know we all certainly can adopt any resolution you like But the we discussed this at some length with the director and at this time There's no intention of incorporating this prior to FY 17 year commission of Ellen Pat these are just changes to the intense statements of these several districts. Is that right? They are So if this and you haven't issued any notices yet for the omnibus Text changes, that's correct. So I'm not sure I understand what the harm is in adding this to that Notice So that the public can review this talk about it and then even modify it if we need to because they are just intense statements Actually, I find the intense statements to be strong guidance But they never appear in staff reports or anything. I'm not sure. I understand what the harm or the objection is To getting this in this process so that it might be discussed And not waiting yet another year And if I may Mr. Chairman I have another question And this one is of Rebecca, let me make a comment before you make the question. It was the chair's intent That the planning commission Go on record supporting Language for affordable housing So you are it's my my impression that you wanted us to vote to approve This that we are in support of language for affordable houses. Excuse me, Mr. And I believe I hit the four I'm trying to get it understanding you want our support for this document, right? Yes I Would I think you know unless I would wanted to discuss it and see what how of what people thought was the right thing to do But okay, I think I'd like to see us have a motion about it. Yeah Rebecca it has the coalition Come up with language or a resolution that might modify the comprehensive plan with regard to affordable housing Actually that the Where the compact neighborhood tier there are the Since it was only, you know, this is it's even a where as to add a where as to the to the Original text amendment there. This is an amendment to the amendment kind of actually I'm talking about the comprehensive plan But the the compact neighborhood tier is is in the UDO but it is That is a restatement of language in the comprehensive plan There are a few changes, but you know, I understand that but I'm actually talking about We did not specifically discuss Trying to to asking for a complete A new amendment of the Comprehensive Plan This was just thought to be a little Addition to something that would not take a six-month study Not take more than a couple hours of staff time to You know to put Put it in there So no, it's it should be in the it should be done to the comprehensive plan to though I will say that at the county commissioners meeting They did talk about when are we going to revise the whole comprehensive plan? And I think I forget what the answer to that question was But it was kind of agreed that it's time to be revising the whole comprehensive plan Next couple a year or two. We're gonna that will you will show up on the work plan probably And I have one final question. Mr. Chairman Pat in in in light of what you told us about The staff's intention the director's intention the action taken by the the JCC PC Were the Planning Commission to adopt a resolution tonight asking that this language be included in the Omnibus in the notice for the omnibus text changes What would happen if we did that how would you how would the staff respond? How would this be communicated to the elected boards, sir We would make sure that your resolution was provided to the elected boards and the administrations And if we received direction to modify it we would but otherwise we would proceed forward as was presented to you tonight at an informational Thank You mr. Chairman. Thank You Pat mr. Chairman under those circumstances I move Okay I By any chance could this be described Becky and to anybody as some sort of justification for For the proposed affordable housing guidelines which has to do probably as much with sticks and stones and Units density and all of that could that be What this a point of Support for that I'm just trying to understand a Reason for I don't see any reason to not include it Except if we're going to include all of these I Would like to say an inclusion of Persons with disabilities That's if we're gonna Start doing all of these things. I don't want to leave out any any public contingent it's even though the The ADA covers just about anything and I was gonna mention it to one of the The review tonight, but anyway, that's my question. Could it be construed as As that if I've made myself clear or muddy or whatever I think that would be a good addition didn't think about putting it in there But this basically this This added verbiage seems to sort of justify What's being proposed That would anybody Comment on that as or is it not necessary to me? It just it seems like you know the the It sort of puts the issue a little bit Front and center if I were a developer Writing this justification for why my project is a good project when I you know I've seen the intent of the of the zone zoning district that I'm applying for you know, and I see an expectation for equity and and socio-economic diversity You know, I just I think it might change and plus I it's Might give us a more a stronger legal legal basis to make a Decision on on whether on Voting down a proposal that doesn't have affordable housing in it. Yeah, but I'm not a lawyer I can't say well, I would agree with that and I was just looking for some some kind of explanation for it. I Have no reason to not include it. It's But generally speaking everything that we discussed tonight on on the review of the development and on this and Even though we have hired when I say we the city and county has hired a consultant I would bet you money it would be two to three years before anything can be codified and All of the issues settled so that when we have a review before us there will be a BC and D if you don't meet those we turn you down. It's I don't We're just having to do the best we can now like we did tonight And it's unfair to ask Well to ask the developer to Provide I'm not trying to get anybody started. I'm just trying to tell reality You cannot You cannot try to extract something from a developer based on a Suggested resolution. We've got to have some stronger verbiage and Requirement and that's where the issue is and how it's going to be paid for but anyway I just wanted to throw that in because it's An easy solution These people over here are probably as As adept at finding things and we have already seen in in the May Meeting that was really the kind of what we came up with on the call when the coalition discussed it You know that we really couldn't we would like to have all these other provisions and Standards and programs and everything but it takes so much we're searched to get them But we thought well we can just take this tiny little step, which is what you have to do at the beginning of Designing any kind of program is to clarify your values Yeah, and the mayor has already said Like in one area of the city he does not agree with Segregating people like and we have some property up both near the ballpark or whatever How do you integrate? All of the affordable housing with all the other developments at that's part of the whole issue and and it's going to take continued conversation from Well, we'd like to talk about it but the elected officials The leaders and and I really do appreciate what what you've been doing with this coalition. It's It is a societal Thing that needs to be addressed There really a whole lot of communities of communities that do Have developers who somehow manage to afford to contribute to to affordable housing Okay, I'm through Commissioner freedom. I Like to make a motion that we adopt Recommend or support this recommendation from the coalition for affordable help housing around transit and the inclusion of this Along with the omnibus text changes Second Okay, it's been motion in second that the Durham City County Planning Commission go on record as supporting the affordable housing And this is not a resolution but language Okay, if there's no more discussion Okay, it's commissioner. I'm now sorry If I might I'll be I'll be very brief but just I certainly don't want to undo the influence here your decision here We fully respect whatever you decide to do here I wanted to take one more shot at trying to explain where we are as staff and why we don't feel like we can just take this language wholesale and put it in the omnibus Changes I Think commissioner Miller's I don't want to put words in your nothing speak for himself But a commissioner Miller's comments seem to allude to this the comprehensive plan is a plan for overall Objectives for the community over time. It looks at both land use regulation, which is what you all primarily deal with but also incentives partnerships Programs at the city runs or the county runs The comprehensive plan is a much broader Palate that looks at the broad array of ways that we can influence the the goal that we all share Which is the affordable housing diversity so can socioeconomic equality and the other items in this in this Recommended language the unified development ordinance I think as you all are well aware as a land use regulatory tool It only it only pertains to what we can legally compel folks to do as a condition of land development And as we've talked about in many contexts in the past in north under north Carolina law Those are very very limited particularly in regards to the outcomes that are expressed here ethnic gender orientation socioeconomic diversity and mandatory affordable housing So There are a thicket of legal and practical issues that need to be sorted through Further before we feel like it would be best practice or or even really ethical for us to include this in an intense statement When we're when we're not confident. There are any legal and effective Implementation means That would go in the udo So I just I just want to fully characterize our position We I want to unequivocally say we fully support the outcomes here I think what we would recommend that we do is take a harder look at how we Effectively promote those And I share your concerns pat a lot What I was hoping the reason I support commission member freeman's motion is by if using this language from the Coalition as a starting place and putting it in the omnibus text amendment We fulfill the notice requirements. We may massage the language to make it safer But I the bottom line is is we're changing intense statements, which are precatory in nature. You can't enforce an intense statement It's not really a regulation But it does It is a little step. It does get over the You believe you used the word earlier this evening the quibbling business about Of moving goals to policies inch by inch We have 60 days. We get this in the notice. We can massage this language and make it safer and better But I think it's uh because it's in the intense statement It may be primarily symbolic, but symbols are important and I support the resolution and urge all my fellow commission members to support it as well Okay, uh all those in favor of This motion, please indicate by raising the right hand. I think I see mr. Kinchens hand Okay, from where I'm sitting. I can't quite see if mr. Gibbs's hand is his hand. It's not up. Okay. Okay Okay, all those in opposition raise the right hand So the motion passed with one 11 to 1 11 to 1 uh The 2016 schedule It's a copy of it at your desk And I'm assuming we don't have to take any action on this. This is just Do we have to take action on this? Yeah, we would ask that you adopt this I'll go ahead and tell you unlike this year. There were no we were fortunate for 2016. There are no conflicts or unusual dates Vis-a-vis holidays these are all the second Tuesdays of the month and they don't appear a conflict in any way with Anything that we were aware of in terms of other city or county business Mr. Chairman I moved that the planning commission adopt the schedule as proposed Second motion second that we adopt the schedule that's proposed 2016 all those in favor. Let me know my raising the right hand all those in opposition 12 Do we have well I have one announcement Commissioner holland worth is leaving the area and november will be his last meeting with us So We will have a resolution right? Yeah, okay, so we will Any other announcements grace What's coming out? Yes, grace Smith with the planning department. So next month. Um, it looks like you're gonna have a couple of information items Mr. Whiteman will talk about those in just a minute. We're gonna have the compact neighborhood Grace could you speak in a moment? I'm sorry the compact neighborhood update. I apologize for that The omnibus udo tech commitments will be coming back to you and the preservation plans and consolidated historic criteria will be coming to you as well There's only one zoning case that appears to be ready for next month and that's the rose walk That's what rose walk It's up on east club And gregson, right. Um, I don't have the case number, but it's just a development plan new plan amendment It's residential so mr. Chairman may ask a question too about the progress of some of the things that Citizens are asking us about okay So we're getting some emails and communications at least some of us are On rezoning's proposed for guest road and also for north rocksboro and Even on this romf. I'm not sure how to pronounce that making it sound like I'm clearing my throat Can you tell us if any of those are actually in the pipeline cases filed or files to be read So the rocksboro road retail, which is the one on north rocksboro that's been getting a lot of attention is Is not ready right now, but could potentially be ready for december Maybe I'd have to let you know next but it has been file. Oh, it's that particular case has been in it was um Tied up in a review of a tia and that's why you haven't seen it yet But it's been in the and been in house That's the rocksboro road retail and then the other one that you're referring to right that has not been Received yet today. What about the r1? Oh mf. That's not come in as either either In the storage facility down on 751 that is in and very fairly new it's under review. All right. Thank you You're welcome. Mr. Whiteman wanted to speak to you for a moment regarding the cases or items for for a long range planning for next month Hey, so as a extended Explanation of what's coming to you next month as grace mentioned you'll be seeing a project called the local historic review criteria consolidation um Probably most of you aren't familiar with it. I know commissioner miller is maybe a few of others of you are this is something We've been working on for several years The reason I wanted to warn you about it is because it's one project But it's actually going to be seven items on your agenda. It involves the Consolidate criteria themselves plus amendments to all the adopted preservation plans for all our historic districts It will be overwhelming when you see that see it But I wanted to make sure that you know that the the first item is really the thing that's changing the amendments are just kind of technical things we need to do in order to Remove the old criteria in order to put the consolidate the criteria into one document. So If you're going to if you're going to read one of them read the first one Mr. Chairman one other question. Susan. What what is your preferred email comments deadline? Any other Concerns commissioner I have just one question for mr. Judge and this has to do In a Two sort of way. I guess about what may or may not be happening on the guest road. I have been Approach by some people on some business owners at the intersection of 15501 and infinity and ladder road There's going to be some To me pretty disruptive Modifications done there at the intersections And my question is have you heard anything from dot about any possible Expansion widening of ladder road Is there or do they just are they just mum about this sort of thing? Yes, um the intersection of 15501 north rocksboro ladder infinity. That's particularly in the north zone That's one of the most highly congested intersections. We really have in in Durham We don't have a lot in northern Durham, but that's definitely the exception So there the city did request and is partially funding, but it's a state ncdot tip project. They had a public information meeting Back in the summer. I think it's been about two or three months where they first Proposed the project got some feedback that the state's now Reviewing it and doing going in and doing the design work and I suspect there likely be at least one more public meeting Once they finish it and Have the actual designs before that would move forward, but it is a funded ncdot tip project and improvements are primarily improvements to Lada and infinity to provide additional turn lanes on the side streets for dual left turn lanes and And other types of things to improve the capacity of the intersection I think it may be state maintained Of improvements. Yeah. Yeah, I I have a copy or I have sent a copy of what they're planning to do. My question was is there Have you heard anything from dot About any expansion Widening, excuse me of ladder road from rocksboro to guess Not as a full widening for that entire segment just the intersection just at the intersection there of rocksboro for those additional turn lanes Okay, that answers my question. Thank you, sir All right, if not then we stand adjourned. Thank you