Durham Planning Commission · Public Hearing · April 14, 2026

Good evening and welcome to the Durham Planning Commission. The members of the Durham Planning Commission are appointed by city council and the county board of commissioners to make recommendations to the elected officials. We emphasize that the elected officials have the final say on any issue before us tonight. If you are attending in person and wish to speak on a particular agenda item, please register on the sign up sheets located on the table to my left.

You will be called upon to make your comments at the appropriate time. You may also call in during the meeting by dialing 1317158592. If you call in during the meeting, you will need to wait until the particular public hearing you are interested in starts. After all of the pre-registered speakers have shared their comments, I will ask if there is anyone else wishing to speak. At that point, you will need to digitally raise your hand by pressing star9 on your phone and when recognized, state your name and address before

making your comments. The applicant has a total of 10 minutes for their presentation. Each speaker after the applicant has two minutes to speak. Commissioners will be given five minutes for Q&A and please keep your comments succinct.

Commissioners, as a reminder, after the public hearing is closed, you obtain the floor by being recognized by the chair. The time to make all public statements is before motions are made. All motions are stated in the affirmative. So, if a motion fails or ties, the recommendation is for denial.

After the case you are here for ends, please exit the chambers quietly and pursue further discussion in the lobby as the commission continues its business business. Finally, I ask everyone here and on the zoom, the commission members, the staff and the public to conduct themselves in a courteous and respectful manner. If someone fails to act in that manner, the

chair will ask the offending person or persons to be muted on the zoom or ask to leave the council chambers until such time they regain personal control. If dorm fails to be restored, the chair will recess the meeting until a genuine commitment to ask act respectful and courteous is observed. May we have the roll call, please? Chair Shagaras >> here.

>> Vice Chair Cameron >> here. >> Commissioner Bailey. >> Commissioner Capers >> here. >> Commissioner Clemens >> here.

>> Commissioner Chicowski >> here. >> Commissioner Hunter >> here. Commissioner Huarez Maldonado >> here. >> Commissioner Macyver.

>> Commissioner Montes >> here. >> Commissioner Nine Kirkner >> here. >> Commissioner Pontac >> here. >> Commissioner Richie >> here.

>> Commissioner Woke >> here. A quorum has been established and I'd like to state for the record that all items before you tonight have been uh noticed in accordance with state and local laws and affidavit to that effect are are available in the planning department. >> Thank you. Um we have a new commissioner on the commission, Commissioner Clemens.

Did you say a few words like why you wanted to be on the commission? >> Okay. I'm a Durham resident of Lakewood Park. I've spent the last 25 28 years overseas all over the world working in peace building, community development, stabilization. I came home in 2022 to

Durham and decided that I wanted to be a part of the community and I'm doing volunteer work in the Lakewood Park, Lion Park, West End, Tuscalisa, Lakewood neighborhoods. I'm happy to be here. Thank you. Thank you.

Welcome. Number three item, third item on the adjustments to the agenda. There are no adjustments. Uh item four, approval of the minutes and consistency statements.

May we have a motion to approve? >> Move to approve the agenda and the >> the minutes the minutes and the consistency statements. Sir >> second. >> It's been moved by Comm Vice Chair Cameron and seconded by Commissioner Hunter to approve the minutes and consistency statements.

All in favor, please say I. >> I. Any opposed? The eyes have it. Item number five on the agenda, public hearings, initial

zoning map changes, 2016 Hins Hinsley Z250037A BDG250025. May we have the staff report, please? Good evening, Chair Shagaras, Vice Chair Cameron, and planning commissioners. My name is Javar Jones, and I'm here tonight to present Z250037A 21106 Hindley. The request is for a direct translational reszoning of residential suburban 20 located at 21106 Hindley Drive. The request would allow for the development of a single family home to connect to water and sewer.

The existing zoning is residential suburban 20 and the parcel is surrounded by the same. No change to the existing zoning would occur with the proposed annexation as this is a direct translational zoning. The existing Durham County zoning is translated to the identical Durham city zoning district upon the annexation of the property into the city limits. A translational zoning does not and cannot include a development plan and any future development may proceed according to what the zoning would allow.

The aerial map shows the general location of the project. The parcel is located to the southeast of the Copper Run South Townhouse development along Hinsley Drive. The property is currently designated mixed residential neighborhood on the place type map. The proposed zoning was

determined to be consistent with the designated place type. No neighborhood meetings were required for this application because it is a direct translational zoning for a single family dwelling unit. as well. No comments have been submitted to the Durm Reszoning Explorer in relation to this case.

The proposal is consistent with four of five applicable comprehensive plan policies and is consistent with the place type map designation of mixed residential neighborhood. Thank you. Staff and the applicant are available to answer any questions. Thank you.

The chair is now opening the public hearing. May we have the applicant, please? >> No applicant.

Check this. Go to participants there. There's probably the applicant right there. call them.

She's >> Yeah. >> Okay. Jeffrey Garcia on Zoom. >> Hello.

Can you hear me? >> Yes. Please go ahead. >> Uh, hi.

Yeah, I'm the applicant. Uh, I am trying to reszone this into try to get connections for water. That's mostly it. I'm trying to build my single family home here.

Okay. Anything else? >> Nope. That is it.

Thank you. >> Okay. Thank you. >> There are no community members in person signed up to speak. Uh any other

community members on the Zoom? Nope. The public hearing is now closed. Any commissioner comments, discussion?

Nope. May I have a motion to move case Z25037 A BDG250025 2016 Heinsley forward with a favorable recommendation. Chair, as it relates to case 21106 Hinsley Z25037A and BDG25025, I move that we forward this case to city council with favorable recommendation. >> Second. It has been moved by Vice Chair Cameron and seconded by Commissioner Hunter to move this case forward with a favorable recommendation. May we have the electronic voting please.

>> The motion passes 12 to zero. Item number six on the agenda, public hearings, zoning map changes reserve at Rocky B branch Z24 triple042. May we have the staff report, please. Good afternoon, Chair Shaggeras, Vice Chair Cameron, and planning commissioners.

My name is Payton Burgess, and I am here tonight to present Z240042 reserve at Rocky Branch. 9 acres and located at 618, 702, and 716 Virgil Road. The existing zoning is residential rural. 335 to allow for up to 225 units to be single family or town

houses. Again, the existing zoning is residential rural. 2. The aerial map shows the general location of the project.

The property is primarily designated mixed residential neighborhood on the place type map with a small amount of recreation and open space. The existing proposal was found to be consistent with the designated place type. The applicant has profered a variety of text commitments including a maximum of 225 single family and/or townhouse units. Building height a maximum of 45 ft. 3% of the units at 80% AMI for 30 years. Buildings are to be at least 25 feet away from the perimeter site boundary and 10 feet away from any project boundary buffer, tree coverage area, or environmentally regulated area.

A $19,500 donation to DPS. Um the wildlife corridor and flood plan on site are to remain undisturbed. Storm water control measures and recreation open space to be outside of the stream buffer. a maximum of 60% impervious surface and then a post-runoff rate not to exceed the pre-runoff rate for a 25-year storm and a traffic signal at Carpenter Pond Road and Virgil Road.

The applicant held neighborhood meetings on April 10th, 2025 and March 24th, 2026. Eight community members attended the first, two attended the second. There have been five comments against this proposal received on the Durham Reszoning Explorer. The proposal is consistent with 24 of 29 applicable comprehensive plan policies and it is also consistent with the designated place types of mixed residential, neighborhood, and recreation and open space.

Thank you. Staff and the applicant are available to answer any questions. >> Thank you. The chair is now opening the

public hearing. May we have the applicant, please? Good evening, commissioners. My name is Jamie Clen.

I'm the applicant. Uh I'm a director for the CSC group or the developer. Um I think Payton did an excellent job giving a a brief highlight of the project and I'd like to open up the time for any questions you or members of the community have. Do you want me to repeat that?

Sure. Excellent. Hey, my name is Jamie Class. I'm a director with the CSC group.

We are the developer of the project. I think Payton did an excellent job providing a highlight of an overview of the community and our conditions that we've uh set forward. I wanted to open up the time uh for the commissioners and members of the community just to answer any questions they may have. >> All right.

Thank you. Community members in person. Joshua Ranki

Okay, you're you're with the applicant. Okay, thank you. Any other community members in person wishing to speak on this item? Nope.

Anybody on Zoom? Please raise your hand. Pam Andrews. >> Good evening.

Can everyone hear me? Hear me? >> Yes. Please go ahead.

>> Okay. Thank you so much. Um, this project will touch Martin Branch, which is a creek heavily monitored by Sound Rivers in the federal lawsuit settled in September of 2025. There are three other creeks on site as well and will be impacted. The trietic basin soil continues to Washington Martin branch even after the settlement of the lawsuit and best management practices have been

utilized. The photos I sent in an email today which show you that unfortunately I'm I'm in Florida not in person tonight but they continue to show the violation of the Clean Water Act. Um South View Road I showed you sent you pictures of that creek where it crosses under South View Road which is the last crossing before it reaches the mouth of Halls Lake. Notice the huge piles of sediment which smother aquatic life in these creeks.

The 25-year storm fund that is proposed is not adequate in the southeast DRM strraic basin soil which is documented in numerous violations. The development plan commits to a no storm water controls measure or recreational open space in the stream buffers or flood plane intrusions. However, we have seen variances and no practical alternative available petitions submitted numerous times in this area. The 60% imperous surface when 70% is the max is very alarming when steep slopes exist on this parcel with highly erodable soil. The minimum requirements on open space, tree coverage and project boundary buffers of 6 opacity are profered on this 51 acre

parcel. These minimum standards are just not sufficient in this soil. Also, the first responders have been a continuous thing that we spoke on. EMS policies, fire, police, there just not anything in infrastructure created in this area with all this development.

Policy 119 states that we're supposed to have those things in place. With over 20,000 dwellings already approved in Southeast Durham, this increase will only exasperate the problem. Um, Commissioner Jacobs has been expressing her concerns about getting the EMS um, anal analytics put in place because that has not been done previously and EMS is in a crisis as spoken to by our county manager Hager. Um, that has not been updated in seven years.

So, I'm asking you to not pass another parcel in Southeast at this time. Thank you. >> Thank you. Any other members on the Zoom wishing to speak? Please raise your hand using the star 9 function. >> I'm on case.

Anybody going once, going twice? All right. Nobody. Anybody?

Nope. The chair is now closing the public hearing. We are open for commissioner discussion. Do you have any questions or comments?

Commissioner Montes, >> could you expand a little bit on the improvement on Carpenter Road and Virgil? The the traffic light. Is that a is that one light? Is it fully directional?

And, you know, is there any idea what kind of storage you'd have for uh for the lanes coming into that light? Hey, >> that's a great question, Commissioner Montes. I'm going to let our traffic engineer elaborate on that. Josh Ranky with Bolton Mink. Um, so one of the things for clarification is that's going to be based on uh meeting

MUTCD warrants and NC DOT approval of a signal. So we'd have to do a signal warrant analysis for NC DOT. Um, and it would include because I believe that intersection also had some other lanage by others. it would be built out to the full for that if if the signal if NC dot requires the signal.

So it should account for all of those things. Even if those lanes aren't in, typically what they'll do is account for it whether it's spatially just kind of say we know the signals coming in. We know other lanes by others might. And once again, you know, I know the language with that is any improvements that are tied to other ones.

You know, it's kind of first come, first serve, whoever gets in there. So there would be coordination obviously between developments. >> Perfect. Thank you, >> Commissioner Richie. Hi, thanks for your presentation. Um, generally when we're looking at increased density, we also like to see increased benefits to the community and I think 3%

affordability and 25 year storm water fall below our typical standards. Um, obviously it's different than the UDO, but our hope for profiters like these um is that ideally getting up to 100ear storm water. You know, that's our our hope is and our aspiration that we can do pre-development and post-development 100-year storm water. And then we've been seeing more like 8%.

So, I'm kind of curious what the justification is for coming in lower here given this is a change from our typical zoning. Um, and anything you can speak to on that? >> Yeah, sure. Thank you for the question, Commissioner.

Um, as you mentioned, there's the UDO and what we profered was above what the UDO requires. Um, we've done a fair amount of work in Durham and have evaluated projects as needed. Um and at this point knowing what we know with in terms of the soil uh based on due diligence taking those factors coupled with the affordable housing component 3% we're very comfortable with that and I'd be happy to discuss that further but based off of uh requirements and minimums we are exceeding those. And can you say a little bit more about the soil as far as why is you know a lot of

the other developments we're seeing in this part of town are looking at 100redyear what makes this one different that 25 year is enough? >> Sure. We're happy to meet or exceed uh what's required, but at this point in time, we don't have a design that shows our storm water calcs and to increase that. Um we have not decided to to profer that at this point.

>> Any other commissioners have questions, comments? >> Yes. Can't remember her name. Yes, Commissioner Clemens.

>> Yes. You say that you're comfortable with the 3% affordable housing. Is there any way you could explore increasing that percentage from 3% up? It it's it's it's possible. Uh we're not saying it can't happen, but at at this point, uh kind of you uh taking an evaluation of the market. There's a lot of town home supply of an approved project that was previously mentioned.

We want to make sure we have the right mix of product that serve the entire community. um whether that's affordable uh potentially age target, whatever it may be, we want to leave some options open that we're not uh shutting the door on any potential home buyer in the city of Durham. >> Any other questions, commissioner comments? >> Could you address the concerns about the creek and the storm water?

Not only that, the sediment runoff violating the clean the federal clean water act and how you're going to address that. >> Yeah, sure. So, this project there's been no earthworks, no land disturbing activities. So, any terms of violations of the Clean Water Act um is not our project hasn't violated anything like that.

So, I but I do take seriously the other environmental impacts that could happen, right? And so, our design will be approved by civil engineers with professional engineering designations. They'll be approved by the city of Durham. that will be approved by NCDQ as well as Durham County and so any

necessary requirements we will meet and we will make sure in the field they get held to uh that standard. >> Okay, thank you. Anybody else? Nope.

Seeing nobody, may I have a motion to move case Z24 triple042 reserve at Rocky Branch forward with a favorable recommendation. Chair, as it relates to case Z2402, the reserve at Rocky Branch, I move that we forward this case to the city council with a favorable recommendation. Second. >> It has been moved by Vice Chair Cameron and seconded by Commissioner Hunter to move this case forward with a favorable recommendation. May we have the electronic voting, please?

The motion fails 10 to two. >> Thank you, commissioners. >> Thank you. Next item.

Right house Z25 triple041. May we have the staff report, please? Good afternoon, Chair Shagaras, Vice Chair Cameron, and planning commissioners. My name is Payton Burgess, and I am here to present Z250041 Wright House.

55 acres and located at 105 West Knox Street. The existing zoning is residential suburban 8 and the applicant proposes to change this designation to commercial neighborhood with a textual development plan to allow for the introduction of some commercial uses in order to operate personal care services. The existing house and land are a local historic

landmark. Again, the existing zoning is residential suburban 8. The site is surrounded by the same. The aerial map shows the general location of the project.

To the north is Duke Park. The property is currently designated established residential on the place type map. The proposed zoning was determined inconsistent with the designated place type. If approved, staff recommends a change to the place type map to designate it to designate this parcel as neighborhood services.

The applicant has included the following text commitments prohibiting the uses including drive-through facilities, nightclub or bar, restaurant as a principal use, salesoriented retail sales and service, minor vehicle service, and convenience store with gasoline sales. No new principal buildings, preservation of the primary structure through retaining the local historic landmark status. Uh, demolition of the primary structure is

prohibited. In the event of catastrophic damage, the replacement structure would not exceed the footprint of the original. No lighting poles within 15 feet of 1436 and 1428 uh Acadia Street, a maximum of 149 peak hour trips, and no new expanded or paved parking. The applicant held neighborhood meetings on December 22nd, 2025 and March 25th, 2026.

23 community members attended the first meeting and 18 attended the second. There have also been 56 comments submitted on the Durham resoning explorer with 17 in support and 39 in opposition. The proposal is inconsistent with the place type designation of established residential. If approved, staff recommends a change to the place type map to designate the property as neighborhood services.

The proposal is also consistent with 24 of 29 applicable comprehensive plan policies. Thank you. staff and the applicant are available to answer any questions.

>> Thank you. The chair is now opening the public hearing. May we have the applicant, please? Can somebody help me?

Um, how I Oh, there it is. Great. Good evening, Cherich Garrison Commissioners. My name is Monica Rivera and I'm here with Mo Rivera on behalf of Botanica regarding Wright House, case Z250041 at 105 West Knox Street, also known as Whiteall Terrace. We are asking for your favorable recommendation on the request to reszone the property from RS8 to CND with a textual development plan. This is a preservationdriven adaptive reuse request for Whiteall Terrace, not a

proposal for a more intense redevelopment of the site. Whiteall Terrace is a locally designated historic landmark and a contributing structure in the North Durham Duke Park Historic District. Our goal is straightforward. Preserve the house, retain its landmark status, and create a workable path for low impact community centered wellness and educational use within the existing structure. In response to staff review and neighborhood concerns, we narrowed this application and put meaningful protections in writing. The textual development plan prohibits demolition except in the event of catastrophic damage, requires retention of the local historic landmark designation, prohibits new primary buildings, prohibits new paved parking areas, and prohibits several hired intensity commercial uses, including drive-through facilities, bars, principal use restaurants,

salesoriented retail, minor vehicle service, and convenience store gasoline sales. Preservation here is not limited to the house itself. We have already begun clearing over an acre of invasive bamboo and wisteria from the property and we intend to keep the grounds as a gardened lowintensity well-buffered landscape. Our aim is to care for the site in a way that respects adjacent neighbors, restores the historic setting, and keeps this property green rather than paving it or building it out.

Those commitments matter because the current zoning is not automatically the more protective option. Planning staff estimated that the most intense use under the current RS8 zoning could be 18 single family homes. Our proposal instead ties the future of the property to the existing historic structure and places enforcable limits on use and site

intensity. This is also a site where a small-scale neighborhood serving use can function responsibly. The property is adjacent to Duke Park near downtown and approximately a quarter mile from Go Durham Route 4. Staff found the request compliant with UDO requirements and consistent with 15 of 21 applicable comprehensive plan policies while recommending a place type change to neighborhood services.

Our intended use is low impact and appointmentbased. We are not asking to build new primary structures or expand paved parking. We're asking for a zoning framework that supports preservation, stewardship, and small-scale community use while keeping this landmark standing and cared for. We are working with 40 over1 design and preservation Durham.

Please reference the letter of support from their executive director, Julianne Patterson. at bottom. This request is about putting

durable protections in writing and choosing a future for this property that is more limited, more preservationoriented, and more accountable than the site's theoretical maximum buildout under current zoning. We respectfully ask for your favorable recommendation. >> Thank you. community members in person.

Ralph Haynes. Thank you. I'm Ralph Haynes and I live five houses down from the White House. I wish to make two points in my two minutes. I often walk past the White House at uh 105 West Knox Street to Duke

Park, which is across the street at 106 uh Knox Street. Duke Park is therefore directly across the street from the White House. Duke Park is one of the most popular of Durham's 66 parks and has over 17 acres of facilities. The Duke Park side of WestNox Street has numerous parked cars lined up and heavy pedestrian traffic with young families and children. I believe that reszoning the right house risks greatly compromising the safety and convenience of the park users. My second point is that it should be obvious that reszoning this 1 and a half acre tract in the middle of a dense residential neighborhood not only opens up the likelihood of sandwiching less desirable uses into this tract in the future, but

also would present prevent it from transforming into many more family residences on the same track that would otherwise eventually occur with time. Thank you. >> Thank you. Barry Hill.

Hello everybody. I live across the street from Ralph. Uh just >> Please state your address for the record. >> Excuse me.

>> Your name and address for the record. My name is Barry Hill and my address is 1416 North Mangum. Um, basically I'd like to say that I sympathize with the planning commission. Uh, our family business has to do with affordable housing and uh, we have a lot of rental units that we've developed in Durham. Our average rent is about $1,000

which I think is consistent with affordable housing. And um I understand that it's difficult sometimes in neighborhoods to get people to make changes and to change the way they think. Uh right next to my house, if you look on the map, there's a parcel that's been subdivided into two parcels, a flag pole, excuse me, a flag pole lot. Um it's possible to build six units on that parcel next to my house on the two parcels now.

And I can say a lot of my neighbors aren't thrilled about that. But, you know, it is consistent with density and affordable housing. And I think I understand that. A lot of people don't. And I sympathize with with your um with your mission. I think the problem that that a lot of my neighbors have and that I have is the rationale for taking a residential property in an established residential area out of residence and into

commercial. You know, clearly it's more likely that you're going to get a solution to affordable housing uh if you keep something residential in a residential neighborhood. So, I think it's just the, you know, consistency. It's going to be hard to get people to, you know, accept six units on the house on the parcel next to my house.

But there's a rationale. It's consistent with policy. You understand why, but I think people don't understand why we need to go, you know, to have another yoga studio or or whatever here when there are six yoga studios within five minutes of my house. Thank you.

>> Thank you, Tom Holmes. >> Good evening. My name is Tom Holmes and I live at 1408 North Mangum Street. My wife and I moved to Durham in 1988 and

we purchased our current residence in 2001. Our home is less than a block away from Whiteall Terrace. I'm not opposed to the vision put forth by the Riveras to establish a wellness center at Whiteall Terrace. However, I am strongly opposed to the means that they have chosen to pursue their vision, which would require a change in zoning from residential to commercial.

My opposition is based on my concern that the business venture pursued by the Riveras may ultimately be unsuccessful. If so, the future disposition of the property would be controlled by the bank, providing the very substantial loan that the Riveras have applied for. In such a case, sale by the bank to a commercial developer would pose an enormous risk to the character of this historic neighborhood. Increased traffic congestion along the serpentine curves of Knox Street would also increase the risk of children and families who increasingly visit Duke Park.

Although a development plan may be attached to the CND zoning, it is simply not possible to list each and all of the ways that commercial development could have negative impacts within the heart of our residential neighborhood. While I applaud the Rivera's efforts to preserve their this historic residence, I would simply request that they seriously consider alternative means of realizing their vision. And I would further request that the application for resoning be rejected by the city for the reasons I have mentioned and will be further articulated by other concerned neighbors. Thank you.

>> Thank you. Lee Rayurn. >> Yes. Um my name Can you hear me?

Yeah. My name is Lee Raburn. I live at 1410 North Mangum. Right next door to Tom.

Right across the street from Ralph. right up the street. Some of the things I'm going to say tonight are going to be repetitive, but I think they're important. First, I'd like to start off

by saying I'm very sympathetic to the applicant's vision and accept at face value their statements about giving new life to Whiteall and integrating it into the community in a different context. However, after every review of the details of their presentations and doing my own research and looking at the potential consequences of their application for reasonzoning, I have sadly but firmly arrived at opposition to it. And tonight, with the limited time, I'll just go over a few points, some of which have already been made. Uh, first of all is breaking a precedent.

I spent an afternoon combing through the zoning uh plans online uh for the city of Durham. I could find not one instance of CN zoning or CN D zoning that comes anywhere near matching the realities of uh Whiteall in the center of an established neighborhood. The service road that services the

building is a narrow low volume uh neighborhood street and right next door to a park. Maybe I overlooked something. I don't think so. I looked really hard.

So, and I think the staff themselves noted the inconsistency of this proposed uh resoning with current zoning. Now, the sweetener, and I don't mean no disrespect, but the sweetener that has been put on that inconsistency is the offer of designated as a neighborhood services center. I'll come back to that. The other thing that I really want to focus on, and Tom touched on it, is the increase in traffic.

The staff's report, page uh five, notes that peak traffic would go from 17 to 136. That's an eight-fold increase in traffic on a narrow street with kids playing in a park right next to it. And I think that alone should be

uh reasons to turn down this application or at least uh recommend much deeper study. There are other issues. I I submitted a letter to the uh planning commission. You can look at that, but those are the critical ones right now.

>> Thank you. >> Thank you, >> Richard Hart. Good evening, commissioners. Thank you for hearing us.

Uh, my name is Richard Hart. I live at 1405 North Mangum Street on the same block as Whiteall Terrace. And my concern is very simple. It is as well about the change from a entirely residential neighborhood into a commercial piece of property um which is next to a park and has no other commercial around it. And I've covered a lot of zoning hearings and I don't know if it's in the Durham code, but there was there it my understanding of zoning

is there needs to have been some kind of situational change that shows that the existing zoning may not be right and it needs to be examined for change. And if that's not the case, this becomes what we used to call spot zoning. and spot zoning, particularly in a residential neighborhood, was long frowned upon because it just it's it's inappropriate. And whatever other uses there are, the fact that this is a permanent change, um it allows for commercial zoning.

I think commercial zoning puts more pressure for demolition of the home than even their assurance. And I'll throw one thing out which may not be appropriate for this discussion, but I think if there's planning staff here, we should think about it. This is a historic home designed by George Watts Carr who designed the CCB building, built by a prominent founding family of Durham who were business people with the Dukes. And it it was chosen as a as a by and he was also a

developer in the area. and he chose this promonary over Duke Park as to be the most distinguished spot in Durham for a very historic family in a very historic house. And in an ideal world, a city might look at purchasing a property like that next to its oldest park that had the opportunity to serve the needs of the community to do to to to support historic preservation, which we don't always have a good record of. Um, and and to preserve the house.

So, that's a thought. But I wish we would think about it. But in the meantime, I'm firmly against the notion of changing this commercial zoning. All you have to do is look at the original map.

It's surrounded by yellow and then there's a commercial in the middle. Thank you, >> Andrew Price. Price. >> Good afternoon. Thank you for your time.

Um, my name is Andrew Price. I live at 1509 Hollywood Street, um, not far from the park. Um, I've lived in Durham since 1959 and in Duke Park since 1999. I served several terms on the board of the neighborhood association and was vice president for two of those terms.

I've always had a keen interest in Duke Park. I chaired the committee on the neighborhood association board and received a neighborhood hero award in 2005 for uh being the neighborhood liaison for the renovations of the playground and the removal of the swimming pool in the park. I still advocate for replacing the bath house, but that's a story for another day. Um, I own a commercial building in Old North Durham which is zoned light industrial. Um, and I share a property line with Mo

and Monica's house. Um, I um, let's see here. Sorry. Our experiences um, prove that commercial and residential entities can coexist.

happily. They've been good neighbors and so have I. Uh I toured the Whiteall property soon after Wade Marlet passed away and saw the compromised condition of the house. Um Mo and Monica have already improved the property significantly since they um took control of it.

I understand why some neighbors are concerned about changing the zoning of the property. Introducing commercial property designation could open a Pandora's box for the future. That is certainly true. However, it's my understanding that there will be binding stipulations requiring the house and

much of the grounds to remain intact. From a historic preservation standpoint, this would be far superior to allowing highdensity housing, which has happened to many of the lots in our neighborhood. For these reasons, I support Monica and Mo's proposal. Thank you.

>> Thank you, Nancy Nye. Good afternoon. My name is Nancy Nye. I live at 1408 North Mangum Street.

My concern I've seriously >> Can you Can you bend the microphone closer? It's >> I could put >> Thank you. >> Thank you. um serious concerns about this proposal and it mostly has to do it has everything to do with the potential for

the business to fail and the bank to have control over the property. It's their plan is laudable and would provide services to people that are interested in it. Our neighborhood has dense commercial development a half a mile north on Roxboro Road, commercial development a half a mile south on Mangum Street in Little Five Points where the applicant's current business resides right now. It doesn't seem as though we need the neighborhood services CN designation.

We don't need more services is my point. We have a lot of commercial development around us and my fear is that the CN zoning as I read it from the planning department is very broad. Their restrictions in the textural development

plan leave a lot of things out. If the bank has control, if their business fails, the bank has control. they would want to search out the highest bidder for the property who may have intentions to find ways around the restrictions. I don't know if there are instances currently where you've had a designation with all these kinds of textural developments that have held up to the pressures of the developer who can bring tax dollars and legal challenges.

Um, I would like to know if that if it if it is as as permanent as claimed. And we have been in Durham for 30 years. We've witnessed the domino effect of commercial development on a block, usually a busy street. A house becomes a business and it's a domino effect of other houses eventually over time the whole block becomes. >> Thank you,

>> Laura Langum. back up. Hey, I'm Laura Langum. I live at 102 East Markham Avenue.

If any of you go around that scurve, I'm usually out in the yard. um my concern with this and and all of these points, you know, I had all these points and as people were saying them, check them off. So, I just want to say in addition to all these great points that were made, why would we reszone this? I I I do not understand it. The reason that it's being brought up is because the bank required in order for a loan to be given uh to these individuals in order to um renovate and pay off the reverse mortgage or whatever it is is that it be reszoned to commercial and now to this new designation.

That's not a good reason to start messing around with a residential area that has never been there's there's no other zoning anything like this across like Lee said this has never been done anywhere in Durham. So we are doing we are considering having this major change because someone needs a bank loan and the bank says in order to get it you need to change the reasoning designation. doesn't make sense to me. If I'm misunderstanding something, I hope that it'll be explained to me, but we've done a lot of research on this and I don't understand why all of our time is being taken up to reszone something that so that someone can get a loan to do a business that they're already doing a half mile away and this property is not it it's just not a fit.

, etc. So that's all I have to add. Thank you so much. >> Thank you.

Michael Al tug. >> Hello, I am Michael Baltus. I live at 1805 Glendale Avenue, just about a block away from Whiteall Terrace. I've actually met Mo and Monica by running into them a bunch of times in the neighborhood.

They're very present in the neighborhood and I know that Monica herself is the president of the uh old North Durham neighborhood as she has moved from that neighborhood to ours. But anyhow, my point is that I think everyone wants to protect Whiteall Terrace. We don't want 20 more h homes there. As Durham needs housing, we need to consider each parcel individually and whether or not that works. Keeping this historic home fits the actual parcel, and that makes sense because we know it has a historic designation. Having gone inside the home, I do understand that it needs significant repair and is under a reverse mortgage.

Now, if this home were to go up for sale again, it is under the same zoning as it has been. More than likely, a developer would purchase this property and with right build with approximately 20 homes. Now, as I understand it, Durham does not really have a zoning that would specifically address Mo and Monica's issue. The previous owner had expressed a strong desire to preserve the home as a historic home and was a steward of the neighborhood that many of us knew before he passed away last year.

with regard to the number of cars per hour and that is a concern. How would it even be possible to serve 150 people per hour in a services environment where maybe two or three maybe four would actually be serviced? I believe that this estimation is extremely overestimated. Now, in closing, I'd like to say that the main anchor of this resoning proposal is the textual development plan. The textual development plan

ensures that despite what happens with the Baltanica business, the home will exist as is. If another person were to purchase the home under the new resoning, they would still have to come to this council and get a full commercial resoning that removes the textual development requirements. This is the best path forward to ensuring that we preserve White Hall Terrace and we do development in Durham in a responsible way where we can put lots of houses in appropriate spots and preserve historic homes when is necessary. Thank you very much.

>> Thank you. Is there anybody on the Zoom wishing to speak on this item? Please raise your hand. Okay, please come to the podium and state your name and address >> for well at the podium.

>> Hi Joan Parish, 1416 Acadia, native of Trinity Park, owner of 1416 Acadia since 1992. I grew up with the rights and the grandchildren, the Hawkins. I have been in that house many times and friends with Wade Marlet who died in the home and who wish to preserve the house. Um, I met with his brother Graham Marlet today who surprised me when he said he was unaware of the commercial plans. " This comes as a complete surprise to me regarding the people that are the trustee current trustees. He is aware that if this falls into foreclosure, as it is today on May 6th, if between now and then, he could list the property and sell it for what he

owes the bank in the reverse mortgage, maybe 400,000 more. He said that the house needs at least $400 or $500,000 in repair, at least 150,000 on the outside. He told me he is dear friends with Mo and Monica. His brother Wade had never met them.

It was a surprise to me. Um, and I'm going to interject here and say that the people have who have spoken prior to me have said everything I want to say. I share the alley. Um, we've all been in communication.

Uh, I would like to see this preserved. I know it will sell to a single family, private residence. Like every house on my block has sold in one or two days. Um, it would be a shame to see this happen. It can be saved by a private owner. I see no reason for it to be commercially

zoned and handed over to a bank to develop. I understand and support what they wish to do. I'm and I will say this. I emailed the five people, including myself, that never received a mailed notification for the December meeting.

I've only received one. They were all handd delivered. And five of those houses on Aadia Street that share that alley are empty. I emailed um and they never received any kind of notification.

Aaron, Kain, and Payton are aware. Thank you. >> Anybody on the Zoom wishing to speak on this item, please raise your hand. Okay, please step to the podium. Are you

James Classen? Maybe you put your name on a different sheet. >> Hello. Please state your name and address for the record.

>> Sure. >> Um, my name is Jay Yakson. I live at 1428 Acadia Street. I I think that I wasn't planning on speaking.

This is kind of a last minute emergency. I apologize, but I think our property might be the one that shares the most and will be the most impacted that I know of of the property. Um, and so as one of the mo more impacted properties in terms of size, I'm I'm for the zoning change. And let me say first, I don't want the bank to own it.

There's a few other reasons, but I mean, that's what's going to happen if the zoning's denied. And I worry a little bit about what's going to happen there. Um, I found that the applicants have been really flexible in what they would address, you know, community concerns, and I I don't feel that that's going to change. They've been very flexible.

If something comes up, here's how we're going to address it. And I really do like that, and I appreciate that. Um, the property has been upgraded by the applicants and it

looks better than I've ever seen it. they're out there all the time working on it, making it better, and I imagine that's going to continue, you know, whatever business they, you know, go into. Um, I just don't share the same concerns as far as safety. They've limited the amount of activity that's going to happen.

It's not, we're not going to have a a thousand people, 100 something people. Um, you can see that people are very passionate here. I disagree, but they're very passionate. I can't imagine if something happens, these same people wouldn't stand up and fight for whatever that, you know, whatever that disruption is.

So, um, in terms of whether or not the business can survive, well, that's none of my business for me to tell someone whether they can or cannot, you know, a business survive. Um, and so the fear that the bank's going to take over, I don't share that. Um, I mean, I'm sure if you know, people are worried the bank's going to take it, we could find someone that would finance it on behalf of that. And I mean, you know, I don't know if anyone can or will, but if the fear is there, then we can do that, too. Um, and so I

just wanted to, you know, speak on behalf of that, but I I don't share the same uh opinion, and I'm for this. Thank you. >> Thank you. Anybody else in person wishing to speak?

>> Please step to the podium and state your name and address. Hello, commissioners. U my name is Mo Rivera. I'm the co-licant along with my wife.

I just wanted to say a few words. Uh just to put a a final note on it. Um you know, I try to be a good neighbor. I've been in in Old North Durham since 2004.

I I've owned my house since I was like 22 and I fixed it myself. I financed it myself. Um the house is worth $50,000 when I bought it. Um today the valuation we got was like 600,000.

You know, that's the the hard work of probably all the people in this room. um to make my neighborhood a better place to live. And you know, Old North Durham and and East Trinity where I lived for 20 years, you know, has really improved since when I first moved in it. Um and I want to continue that and uh that kind

of effort in Duke Park and just improve where I live. Uh we moved into White Hall last year and we started cutting down the bamboo forest and we discovered, you know, like these artifacts of of a garden that once was and I I just can't wait to uncover it and bring more people into the space. Um and this is what it's about. It's about bringing people into the space.

Right now, as a residential home, I'm very limited into how many people I can invite into this place to to enjoy it. Um, on the two acres or one and a half acres that it sits at, it's a serene bird oasis, and I just want to share it with our our community. Um, I'm a massage therapist, but we offering more than, you know, touch healing. You know, there's herbalism and yoga, and I hope to expand those offerings with this resoning.

You know, it's not about the if the bank owns it or who owns it. Right now, uh the Riveras own the house and it's it's this is our forward plan on how to finance the house and how to fix the house. It needs about $500,000 of work and and to operate our business and and it's business as usual because we're we're doing business now. We just

want to expand it and do more work and do better for for Durham. And all the concerns from all our neighbors, you know, we we heard this before of our initial plan and we revised the case in response to them. We went from IO to commercial uh neighborhood with the development textual plan. And from what I've seen from all the preservationists, this is what's going to save the house.

The the one piece of paper textual development plan that can't be changed unless we come back here and and have this whole process again. And um I don't see anybody overturning this. Um so I want to thank everyone for their time and all my neighbors. You know, it's your neighbors.

I really appreciate everyone. We have to live together and I'm here for y'all. Even if you're you're against me, you're still with me. So I appreciate it.

Thank you guys. Thank you. Uh you've already had your two minutes, ma'am. Anybody on the Zoom wishing to speak?

Nope. Okay. The chair is closing the public hearing. We're now open for commissioner comments and discussion.

Commissioner Montes. Uh, Chagaras, we have staff needs to say something though before >> Okay. Sorry everybody. I just wanted to point it up because it got brought up that in the staff report on page five, the traffic generation under the number of trips, the daily traffic generated by the present and daily traffic generated by proposed designation columns are both correct.

um the potential impact of proposed designation. That AM peak hour number should be 21 and that PM peak hour number should be 20. Um I'm not sure how I got to 136 or 132. Clearly my math skills are not there.

Um but I just wanted to point that out, make that correction. >> Okay. Uh Payton, what are the actual numbers again? a little slower.

Sorry. >> So the the first column is correct that AM peak hour of 13 trips, PM peak hour of 17 trips. Um and then the middle column is also correct that 34 number, 37 number, and then it's that last column, the potential impact of proposed designation. Um that is actually just supposed to be the difference between the first two columns.

So that number for AM peak hour trips would be plus 21. PM peak hour trips would be plus 20 and then the daily plus 200. That was correct. >> Thank you. Okay, Commissioner Montes. Yeah, my my question is mainly for staff, but with a bit of context, I think uh hearing the the residents, I understand the the hesitation behind the main concern, which is what would happen if the project doesn't go through that this could have a potential use that

would be inappropriate for the neighborhood, which I sympathize. The one thing that would just make obvious sense is to staff it. There is a part on here it says it exceeds in the staff report it exceeds the UDO requirements. You know, you prohibit certain uses.

Can we not essentially prohibit or can the applicant not essentially prohibit almost every other use except what they're proposing now so that if this doesn't go through, they would have to come to the table and reszone it and then we'd have to go through this process again and we could re reevaluate. It just seems like we could easily just put in a text commitment to say you guys can really only do this and if that whatever discussion with the bank or whatever happens you guys would just have to come back to the table. >> So yes, that can be done and that has been done in the past. Um, I would just um have you bear in mind that a couple of months ago you saw a case Z2515

that came before you was Carpenter Fletcher 2. And it came before you because that textual development plan from 2019 said that it will only be a health club or yoga studio. And then when somebody wanted to put a daycare in there, they had to go through a whole reszoning process. So while it can be that prescriptive um that has led to issues in in the past in the recent past of really binding a pro a a parcel or a property to a very narrow set of uses.

So I just would say there there is a flip side to going that direction with that. >> Yeah, I understand that. But given the given the context of the historical preservation of this building and what they're proposing is to preserve the garden, to propose not to add any additional parking for transportation, and they're going to rehabilitate the historical building, I would support um

putting far more restrictions on this and allowing them to move forward because the truth is commercial can co-inhabit with a neighborhood as long as it's the right use. and it being in the front of the neighborhood by the park. It's not in the middle. It's not tucked in in between anybody.

It's right in the front front of the park. It has a roundabout for parking limiting the capacity of the building. So, if we could do that, I would be in supportive of the project. >> Yes, Commissioner Clemens. >> Uh, this is a staff question taken. I believe I had an email exchange where I thought I read in the documents that as zoned it is possible to put 13 apartments would 13 or 18 would be permitted and I believe I was told yes >> yes with the resoning >> with the resoning >> that would be something that would be

>> possible >> possible >> difficult to do but by zoning possible Okay. So if this Sony is approved at any point in the future, these 18 apartments could be put there without further coming back to the commission. >> Yes. >> Okay.

I just wanted to make that clear because that's it's it's hidden in the language. So I was make wanting to make sure I understood correctly. >> I just want to step in. um with the textual development plan in the future if the zoning goes through the textual development plan will go with the land and you cannot build anything because on the textual development plan says no new buildings ever.

So if we don't get the zoning then we won't be bound we as in Monica and I won't be bound to textual development plan. So if we don't get the zoning then you know the math is the math you know we we would by right be able to build 18 homes single family homes. Can I raise a >> Okay, we have to the public hearing has been closed.

So, in order for the public to respond, including the applicant, it has to be to a direct question or through city staff or we'll have to reopen the public hearing. Yeah, >> I would just like to clarify. Um, so with the existing zoning, you could build 18 single family homes. That is true.

With the requested zoning, the CND zoning does allow for multifamily. There is a profer for no additional primary building. So, they wouldn't be able to put an apartment complex on the site. However, they could utilize the existing building or anybody who owns the property could utilize the existing building and like internally cut it up to turn it into apartments that it would be allowed with the new development plan. That's just a part of the commercial neighborhood zoning, but and I forgot what the exact number

is. The number is based off the square footage of the house and the um like minimum allowed living square footage. So creating that many apartments would actually practically be very very difficult to do. It's just technically what the zoning would allow.

Does that make sense? >> Okay. >> Thank you. Any other commissioner questions, comments?

>> I just I don't Montes, >> I'm sorry. I I just don't think we got an answer from the applicant if that would be possible to do the additional restrictions. I don't know that you can commit to it now, but if if you could speak on that, I mean, that would definitely change how we'd look at this. >> Hi. Um, we are absolutely open to limiting more the future uses. We what we're looking to do fits within a couple of different um specific uses.

What we've been asked to preclude by our neighbors are things like uh food bank, shelter, um clinic, especially methadone clinics or other clinics that could be dangerous for blotamus clinics. And our hope was that by making it impossible to increase parking or change the structure of the building that those uses would not be possible. You can't put a phabotamus clinic or a methodone clinic in a space like that without the infrastructure in place for it to function properly. So that was our hope that those things would limit those uses.

But if there are still uses beyond that that need limitation, we are open. So, I have a question for the applicant. , etc. This controlled

substances, I mean, no. Is that a thing? >> No. >> Remedies means plants that grow in your garden like basil, oregano, thyme that you can use for medicine.

And that is something that is in the text commitment. And this other text commitment, is that a thing that we're going to do according to what Commissioner Montes was talking about about making sure that if this business fails, then it has to go back through resoning to alleviate the neighbors concerns. We we cannot condition the zoning on the um on the on the fiscal health or continuing operation of a particular business. We can't do that. We we yeah they we could not have a profer that says that the zoning reverts or something like that if this particular business it's it's about the use is this

particular use or this particular set of uses appropriate for this parcel no matter who is operating that >> but the text commitment could it be framed such that I mean commissioner Montes what was your verbiage about that text commitment I >> I was simply saying we know that we can't make them come back to a reasonzoning if the business fails, what we could do is restrict the current use for this proposed zone and completely restrict other uses besides what they're proposing right now. And I mean, obviously with some flexibility because you you may grow the business, add a little service here or two, like we don't want to restrict that, but you know, we certainly don't want neighbors certainly don't want the the the the risk that this may fail and then you could put anything on there. And obviously there's a couple restrictions, but I don't think that's quite enough to satisfy what the neighbors are are concerned about. >> Can you clarify what other uses you would suggest restricting? That would be helpful. >> I think the easier proposal would be anything but what you're doing because

otherwise we could sit here and draw out a hundred different things. The easiest thing would be >> Well, so yeah, and I I don't want to ramble on too much. I think I might maybe taking too much time, but it just seems that that is the the the difference here. And if if you're not willing to do that, then I'm not sure that the message completely is is sent through because you guys have this intention for the business and nothing else to preserve the building.

If there is an intention to do something else, I don't know why we wouldn't do that. >> I'm more than willing. I just like to know what I'm committing to before saying yes. committing to restricting the resoning to anything to nothing other than what you have listed here, which is a personal um healing.

I'm sorry. I I forget. Here's a wrong one. Yeah, perhaps it could be committed to

what the current Baltanica business sites >> personal care, massage, aroma therapy. >> Right. Right. >> Specifically, is the applicant willing to make that commitment?

>> Yes. >> Great. Commissioner Hunter, >> if I could, we'd really want to make we'd really prefer that whatever is the is the use that's being permitted is something that's codified in the UDO. Um, so we don't run into issues like we did with with Carpenter Fletcher. Um, so yeah, we just want we just want to make sure so you know, yeah, I'm trying to scan through right now. what the um >> is is the current I'm sorry chair to to not go unannounced but is is the current

the uh personal care services that is an actual use like you're mentioning in the UDL >> yes >> so if we were to just restrict it to just that what kind of box does that open as far as what other uses could be part of personal care services does that open up another can of worms >> I'm looking that Sorry I'm talking so much today, guys. >> So, we do have something called personal service. Uh, well, that's that's a much more broad category than you. What do you >> do?

>> That's still not really well It's under personal services. Okay. Yeah, I mean we do have a term for personal care service. Um and that is uh that doesn't help. Okay. Sorry, I'm kind

of doing this on the fly. Um yes, we do have something called personal care service. It is under um is a principal use under retail sales and service. But that again is a very narrow um function.

But yes, in theory we could you could write the development plan so that it is just personal care services that are permitted. I I might also add you might want to say personal care services and associated sales because they may sell products on the site and so forth related to that. We want to make sure again we're trying to not be so narrow that something gets tripped up. That's part of the business.

Can I ask a question about that? Maybe for Aaron. Will personal care services cover things like classes that we want to do, educational efforts? >> B.

>> Um, hold on. >> Yeah. Yes, Commissioner Richie has a comment while Aaron looks that up. >> I just want to note that it is, as much as I think it makes a lot of sense to to try to figure out how to make this work, a bit confusing to try to shunt everything into one zoning that's going to work one time, which is inevitably going to come back here and then spend another year and a half or two years who for whoever's trying to use this zoning again uh to make it right.

And so part of this is a problem with our code. it should be more flexible and hopefully the LDC can help us solve that. Um, but it does seem like it seems strange to me that we have to take something out of the residential space just in order for this to work. And so I'm kind of curious.

This is not what mixed use is for, but like what about a planned development for something like this like mixed use? That would be more for you guys in the short term, but would make it more flexible in the long term. um

with the same profers built in. >> So so a plan development and residential have to has to have residential be the primary use and then the commercial uses are are secondary to that. They do permit secondary commercial commercial uses but again those have to be uh smaller in terms of square footage and impact and so forth and that would be the opposite here. I think the the thought is potentially a residential unit or something for for somebody working there or uh could be involved in this uh potential proposal.

>> Well, to be clear, I also I don't mean a PDR. I mean planned under planned big big in the LDC >> and then mixed use >> under that. In our current UDO, there's planned and then mixed use, right? Which is the >> Oh, >> but it's usually for bigger areas.

Let's let's let's have a conversation about the mixeduse zoning district in the current UDO and its numerous flaws. >> Okay. Well, then this is just to note then maybe as a comment that this is a massive failure in our code that we

can't do this. Um because we should be able to have responsive commercial spaces in residential areas without taking that zoning out of the residential market. Um and the fact that we're having to have this conversation makes no sense. So, he's not looking for applause, but like this is no clap.

This is very frustrating. So hopefully we can push on that further. >> Well, it's clear as mud. >> Talk about this as a commission. >> The the commission will take a 10-minute recess.

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As part of this celebration, we'd like to thank the heroic team members of the Durham Emergency Communication Center for all that they do to make the city of Durham a safer, better place to live, work, and play. We the people. >> We the people hold these truths >> to be self-evident that all men

>> and women are created equal >> and shall be afforded >> the inalienable right to fair housing. The city of Durham and HUD are committed to ensuring that everyone is treated equitably when searching for a place to call home. There's no place like home. Home is where the heart is.

>> Hey, can I help you? >> Oh, thank you. Thank you so much. >> It is our place of safety and warmth.

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Please come. Please apply. We would love to have you. >> We'll be calling the meeting back to order.

>> Vice Chair Cameron has a comment. So, um, we would we are asking the if the applicant can come to the the podium, please. We would like to know if the applicant would be amanable to go back and meet with city planning staff again. uh get tighter on the zoning recommendations and come back in 30 days for us.

Would you be immenable today? >> Come back to the planning commission in 30 days. >> So coming back to planning just want to make sure the applicants aware coming

back to planning commission next month would mean not making the June 15th city council meeting and being moving off to August. >> Um is there a way if we were to move to vote and can we do both? Is that possible? we move for a vote and >> no get it wouldn't be it and I don't know if you would get a favorable recommendation from the planning commission at this time.

>> So what what we could do is if if we if the if the applicant can state for the record the general concept and uses that they would be willing to restrict them to. staff can work with the applicant to develop what the exact language would bring and then bring that to city council as long as it is something that you know and then the commission can can vote on that language as they see fit. That that is that is that is an option that we could move forward with depending on your your comfort level.

>> That would work well for us. Can you repeat that so everybody's still confused? >> Sure. I I'll do my best.

So, if the applicant would make a profer as to, you know, generally the uses that they're going to restrict them to. They're going to say, you know, we're going to restrict ourselves to these uses and we agree to do that. Um staff will work with the applicant to tighten that language before it goes to council. Um if it's language that the commission is comfortable voting on, you know, maybe it won't be the exact wording, but um just trying to come up with a a solution that might work for tonight. If the C if the commission is not comfortable with that, that's your choice as to how you want to handle it. Can we say based on our presentation and what we've put forward in the application that we'll find language

from the UDO that works to cover wellness services and educational services. Erin, is that okay that afterwards we can what was your language? Well, I think I think Aaron just like made the point pretty clear, which is if you guys can voluntarily profer to restrict the use of the business to uh like you said, therapy or I'm sorry, I'm not going to list it all out, but what you said in your presentation and and probably apply some flexibility to it, then you're not I don't correct me if I'm wrong, you're not binded by that. Now, you're going to be working with Aaron and and and staff to come to a conclusion and then present your case to council and then council will decide >> absolutely >> if that's enough or not. So, >> it's just the the profer that you're willing to restrict it and work with staff to improve the language. Am I

right? >> That's generally that is how again this is much broader than we've had in the past. We've had in the past applicants commit to um gosh a you know uh a particular I'm trying not coming up with anything off the top of my head but we've had we've had applicants come up with something where like okay we'll we'll fix the language with staff later. This is a little broader than that.

This is a little more difficult than that. And I would suggest that um yeah the applicant can can make a profer to the uses they are going to restrict themselves to and then it really is up to the commission as to whether or not you're comfortable with it. We will work at your direction. Um if you are comfortable with what the applicant has profered and you say okay staff work to fine-tune the language then we'll do that. If you're if you're not comfortable with that, if you want to see specific language come back next month, um that's a quick turnaround for

us to get the staff reports ready and in your packets for next month, but we'll do that as well. It's really you, the commission, and your comfort level. Commissioner Montos, >> my recommendation would be um commit to restricting the uses now. Come up with some bullet points of the uses that you guys are comfortable with for your business.

Provide that language to Aaron. We vote on this now. If you are for it, you're for it. If you're not, you're not.

It's not the determining factor. Council will then decide if you're if you guys followed appropriately or did the best concerted effort to restrict the use and council will decide. I'm comfortable with supporting this because I believe

in what the business that you guys are trying to do. I believe that you guys have good intentions um and especially preserving the historical building and the garden. So, that's all I got to say, I suppose. Thank you.

for the applicant. Do you have any verbiage that you would like to profer a commitment >> specific words now? >> So we can profer to limit the uses further to include retail sales. That's where personal services like massage come under and educational facilities which I think will cover the educational aspects that we want to endeavor. uh Boinsky plan development just to to clarify and this is obviously why we've had this conversation for the last 15 20 minutes massage is is actually listed under a medical facility which would be allowed there's also the personal care service which includes things like um or

includes several of the types of um services I imagine that uh the wellness center would include which is probably you know why those multiple uses were um imagined. So, I just want to put clarify that that if medical facility wasn't included, then that use wouldn't be permitted and I just, you know, I want to make sure that you're able to do the things you want to commit to. >> Thank you. Then I would add medical facilities into our limited offerings so that massage is included.

Commissioner Richie, >> just to clarify what Bo just said, my understanding then is that under its current massage facility in a very specific narrow sense as long as it fall fell under medical care is permitted under a limited um permit for residential rural a residential suburban 8 right now. >> Right now we're um we're operating under a home occupation permit for the property. Gotcha.

>> Thanks. So, just to make sure I'm understanding, uh, you're profering to limit the uses to only medical services and personal services. >> Okay. 5F you see personal serviceoriented services

4 4 C and then you would also permit residential uses as well. >> Yes. >> Okay. So, residential um educational facilities, medical facilities, and personal service.

>> Personal services. Okay. Thank you. >> Uh I have a question for city staff.

Does medical facilities include substance counseling and controlled substances as methadone was mentioned earlier? >> Um yes, day treatment fac. So we can say medical facilities except um uh so these are the things listed as principal uses under a medical facility. Acupuncture, chiropractor, massage

therapy. I think that's what they were referring to. But it also includes blood plasma donation, day treatment facility, hospital, medical center, medical clinic, medical laboratory, medical office, rehabilitation clinic and urgent care. So what it ca the way it can be crafted is uh medical facilities either we say accept all those things or medical facilities only acupuncture chiropractor and med medicine like again this is difficult to do in this meeting but we can work with the applicant to fine-tune that um to just you know maybe it is just acupuncture chiropractor massage therapy I'm happy to fine-tune that with y'all either here or later and would remind me that by um prohibiting any paved spaces, most medical facilities would not be able to function there. So, most of those really large sounding uses would not be possible on this property with the historic building and no parking lot

and no changes to pavement. So the applicant is willing to profer to medical facilities only being massage, acupuncture and >> what was the other one? >> Massage therapy, acupuncture and chiropractor. >> Is the applicant profering to that?

>> Absolutely. Yes. >> Yeah. I I that's a yes, right?

>> Yes. >> Yeah. Could I ask? >> I'm sorry.

I'm sorry. The public hearing is closed. You will have to email your questions or meet with city staff or deal with city council. Thank you.

Any other questions or comments? Commissioner Nonkirkner. >> Yes. you mentioned a products for for

sale, you know, the related products and they're they'll be related to the medical situations here or other I mean >> right >> more more than spices >> retail that's related to appointment based um so a person comes for a massage therapy appointment and they receive a muscle balm or a lotion for their muscles those are the kinds of sales so sales associated with the personal services only Okay. Any other questions or comments from commissioners? No. Okay. May I have a motion to move case Z 250041 right house forward

>> with a favorable recommendation. >> Chair as it relates to case Z250041 I move that we forward this case to city council with a favorable recommendation. >> Second. It has been moved by Commissioner Hunter and seconded by Commissioner Richie to move case Z25041 forward. May we have the electronic voting, please? The motion passes 10 to two.

Next item on the agenda is Rupert Landscape Z25028. May we have the staff report, please? Okay. Good evening, Chair Shagaris, Vice Chair Cameron, and planning commissioners.

Again, I am Javar Jones, and I'm here tonight to present Z2500 28 Rupert Landscape. >> Sorry. >> The proposal includes the reszoning of one parcel of land totaling. 4 acres and located at 3513 Angier Avenue.

The existing zoning is residential suburban 20. The applicant proposes to change this designation to industrial light with a textual development plan to allow parking for an adjacent landscaping business. Staff recommends a place type change to suburban commercial due to the proposal

being inconsistent with the current place type. The existing zoning is residential suburban 20. The site is surrounded by residential suburban 20 and industrial light. The aerial map shows the general location of the project.

Um just to the south of the highlighted parcel is where the existing landscape business where it's located. The property is currently designated established residential on the place type map. The proposed zoning was determined to be inconsistent with the designated place type. If approved, staff recommends a change to the place type designation to suburban commercial. The applicant has included a text commitment that would prohibit the use

of payday lender, adult establishment, indoor firing range, nightclub or bar, and hotel. The applicant held neighborhood meetings on September 29th, 2025, and on March 18th, 2026. One community member attended the first meeting while there were no community members in attendance for the second meeting. Additionally, no comments have been received for this proposal on the Durham Reszoning Explorer.

The proposal is inconsistent with the place type designation of established residential. If approved, staff recommends a change to the place type map to designate the property as suburban commercial. The proposal is also consistent with 24 of 29 applicable comprehensive plan policies. Thank you. Staff and the applicant are available to

answer any questions. >> Thank you. The chair is now opening the public hearing. May we have the applicant, please?

Good evening, chair, members of the planning commission. My name is Leticia Shapiro of Morning Star Law Group, uh, located at 700 West Main Street in Durham. I am here on behalf of the applicant, Rupert Landscape. And joining me this evening via Zoom is Kevin Sniffen and Rusty Richie of Rupert Landscape, available to answer any questions you may have.

Javar did a great job outlining the details of the application. So, I would just like to give a little brief history and uh some highlights. So, both this parcel and the adjacent parcel where the landscaping business currently sits were purchased simultaneously. And as mentioned by staff, the proposed resoning will change the zoning district of the subject property to match that of the adjacent landscaping business. Rupert Landscape has been a member of the community for approximately 5 years.

And at our neighbor first neighborhood meeting, we did have one neighbor who did speak in support of the resoning stating that Rupert Landscape is a good neighbor and cares about the community. And while it is inconsistent with the place type map designation of established residential, changing this to the suburban commercial designation as recommended by staff is consistent with the joining properties as well as the general development character that you see on Andrew Avenue as you make your way south of 885 and it is consistent with several applicable policies of the comprehensive plan. In addition to the uses being eliminated with the resoning mentioned by staff, the applicant has also committed to eliminate car wash and gasoline sales. And in addition, the applicant will commit to any new plantings being native plantings as defined in the Durham landscaping manual. So this resoning allows Rupert Landscape, a trusted neighbor in the community, to change the zoning of the subject property to match

that of its adjacent landscaping business. And for these reasons, we hope that you will support this case. And we're looking forward to um working with st with you and staff uh further on this case. And uh we cons uh we are um very considerate of your time this evening and are here to answer any questions that you might have.

>> Thank you. There any community members in person? Clearly not. There's somebody on the list, but I think he signed up on the wrong sheet.

Uh, anybody on the Zoom? Nope. Raise your hand. Nope.

The chair is closing the public hearing. Um, is there any questions, comments? >> Commissioner Shakowski? Yeah, I'm just uh hoping that we can get some clarity on the status of the zoning violation that that triggered the application and and if it's been

formally resolved. >> I couldn't hear you. >> I just wanted to get uh clarification on the status of the zoning violation that triggered this application and if that has been resolved. >> So, yeah.

So, we did receive that zoning violation and we spoke with staff and they advised us that we needed to do the resoning to get them to match. So, yeah. >> Yeah. So the reasonzoning is what would resolve the zoning violation and we work towards getting compliance and so the you know they got a notice of zoning violation we said you need to reszone the property and they've been going through the process to reszone the property >> thank you >> any other comments questions I have a motion to move case Z2500 28 Rupert landscape forward with a favorable recommendation. >> Chair chair in the case of Z25 triple028

Rupert Landscaping. I move that we forward this case to city council with a favorable recommendation. >> Second. It's been moved by Vice Chair Cameron and seconded by Commissioner Hunter to move KZ25 Triple028 Rupert Landscape forward with a favorable recommendation.

When we have the electronic voting, please motion passes 12 to zero. Next item on the agenda, seven, new business, proposed planning and development park department fiscal year 27 work program. >> Good evening again, Bod Brinsky. Um, you will recall that a month ago this uh

this same item was before you and including your report. Um and I sort of went over uh some of the differences or some of the uh new discretion items in this. Um so what I'm going to do is uh I will um describe sort of the work program work program again and uh uh summarize those um different items and at that time um I'll ask for a motion for a recommendation to move forward uh to the JCCPC and governing bodies. as last time I don't know if you if you recall I think you're all uh supportive of the work program um but uh a motion was not made as a body uh to to move it forward and that is required by the interlocal um so a requirement of the interlocal agreement is uh that each year the uh plan department put together a work work program which uh dictates uh the the work that the department will work on obviously as a joint city county department uh working for both uh city of Durham and Durham County uh This helps ensure that um all all of

governing body governing bodies are in support of the work that we do. Much of this work is uh tasks that we're required to do by law such as reviewing site plans and and reviewing building permits and responding to customer inquiries and record requests uh and and a lot of just day-to-day operations that we refer to as current planning. Um I will just uh call out and these are uh in the memo um that was in your packet just a few items that are uh discretionary in other words that they're not um conducted yeartoear. Uh first one um Walltown small area plan paper street closings.

So as a part of the adopted small area plan there was a recommended action to close paper streets in Walltown. Um this uh would be a project associated with that. um some research on natural resource protection overlay districts. Uh tree canopy assessment analysis and recommendations. Um continued um certification along with

general services as a biofilic city. Uh so tracking some of the metrics in terms of um improving uh recommended um and nature focused city. Uh urban design studios. This is a program that we did some years ago um where we do some visioning on um city or public owned properties or uh u development sites of particular interest.

And then the last one is the implementation of our new permitting software called clarity. Uh this is the exact same summary that I provided you last month. Obviously, I understand you may have some questions this time and I I'll gladly try and uh answer, but otherwise we'll ask for a motion um to move forward. >> Any questions? >> Is there a number associated with this or do we just make a motion to move if >> Yeah, you you'll just make a a motion to move forward uh recommended as

presented. >> Yeah. Do we have a may I have a motion to move proposed planning and development department fiscal year 27 work program forward as presented? >> I move that uh we move the proposed work plan forward with a favorable recommendation to whoever it needs to go to.

>> Second. It has been moved by Vice Chair Cameron and seconded by Commissioner Richie to forward the proposed planning and development department fiscal year 27 work program forward to city council and board of county commissioners or just city council both >> both with a favorable recommend and the joint city planning committee. >> May we have electronic voting please?

The motion passes 12 to zero. >> Item eight on the agenda, committee updates. Are there any committee updates? >> Yes.

So, the uh rules and procedure committee is uh has a meeting set for um next two wait next what day is it? We just said it. Next week uh we're going to meet Erin. Do you know that need to know that exact date or are we good?

It's just the three of us. >> I don't think I was invited. >> Invited. >> He doesn't need to know.

>> You don't need to know. No, I'm just saying I thought I thought I thought it needed to go for a notice or something like that. Even though it's not a quorum, you still still needs to be >> No, if there's not a quorum, there's not a there's not a requirement to make a public >> I thought in the past we still did stuff with committees just to let people know. >> We do for our retreats because we'll have a quorum at those, but not for committee meetings like the UDO

committee. We didn't advertise prior because there was no quorum >> because it was UDO. Okay. Anyway, we're meeting next week.

>> Uh item number nine, staff announcements. just a preview for next month. Uh we have five cases on the calendar, so it should be uh maybe a little busier than this one. Um >> otherwise, a normal agenda.

>> Thank you. Item number 10, adjournment. m.