Durham Planning Commission · Regular Meeting · February 11, 2025

>> GOOD EVENING. CALL THE MEETING TO ORDER AND RECESS FOR TWO MINUTES.

>> GOOD EVENING. WELCOME TO THE DURHAM PLANNING COMMISSION. THE MEMBERS OF THE DURHAM PLANNING COMMISSION HAVE BEEN APPOINTED BY THE CITY COUNCIL AND THE COUNTY BOARD OF COMMISSIONERERS TO MAKE RECOMMENDATIONS TO THE ELECTED OFFICIALS. WE EMPHASIZE THAT THE ELECTED OFFICIALS HAVE THE FINAL SAY ON ANY ISSUE BEFORE US TONIGHT.

WHILE THIS MEETING IS BEING CONDUCTED IN-PERSON, IT'S ALSO ACCESSIBLE USING THE ZOOM VIRTUAL MEETING PLATFORM. IN THAT PLATFORM, PUBLIC PARTICIPANTS DO NOT HAVE THE ABILITY TO TALK OR BE SEEN ON VIDEO BY DEFAULT. TO MAINTAIN MEETING DECORUM AND A DISCERNIBLE RECORD OF THE MEETING, CHAT FUNCTION HAS BEEN DISABLED. FOR THOSE ATTENDING IN-PERSON, IF YOU PLAN TO SPEAK ON AGENDA ITEM TONIGHT, PLEASE GO TO THE TABLE TO MY LEFT TO SIGN UP TO SPEAK. WHEN SPEAKING, PLEASE STATE YOUR NAME AND ADDRESS CLEARLY WHEN YOU COME TO THE PODIUM.

AND PLEASE SPEAK DIRECTLY INTO THE MICROPHONE. IF YOU'RE ATTENDING THE MEETING VIRTUALLY, YOU WILL BE GIVEN THE ABILITY TO SPEAK AT THE APPROPRIATE TIME. IF YOU HAVE PREREGISTERED, YOUR NAME WILL BE CALLED FOR YOU TO MAKE YOUR COMMENTS JUST LIKE IN AN IN-PERSON PUBLIC HEARING. YOU MAY ALSO CALL IN DURING THE MEETING TONIGHT BY DIALING 1-301-715-8592.

IF YOU CALL IN DURING THE MEETING, YOU WILL NEED TO WAIT UNTIL THE PARTICULAR PUBLIC HEARING YOU'RE INTERESTED IN STARTS. AFTER ALL PREREGISTERED SPEAKERS SHARE THEIR COMMENTS, I'LL ASK IF THERE IS ANYONE ELSE WISHING TO SPEAK. AT THAT POINT, YOU WILL NEED TO DIGITALLY RAISE YOUR HAND BY PRESSING *9 ON YOUR PHONE AND WHEN RECOGNIZED, STATE YOUR NAME AND ADDRESS BEFORE MAKING YOUR COMMENTS. THE APPLICANT HAS TOTAL OF TEN MINUTES FOR PRESENTATION.

EACH SPEAKER AFTER THE APPLICANT HAS TWO MINUTES TO SPEAK. COMMISSIONERS, WE HAVE FIVE MINUTES FOR Q&A AN WILL ONLY BE CALLED UPON TO SPEAK A SECOND TIME AFTER ALL OTHER COMMISSIONERS HAVE CHOSEN TO SPEAK FOR A FIRST TIME. PLEASE HAVE YOUR THOUGHTS AND QUESTIONS ORGANIZED. COMMISSIONERS, AS A REMINDER, AFTER THE PUBLIC HEARING IS CLOSED, YOU OBTAIN THE FLOOR BY BEING RECOGNIZED BY THE CHAIR.

COMMISSIONERS, PLEASE REMEMBER, YOU SHARE THIS TIME WITH YOUR FELLOW COMMISSIONERS. KEEP YOUR COMMENTS AND QUESTIONS PITHY AND PLEASE DON'T REPEAT COMMENTS THAT HAVE ALREADY BEEN MADE. THE TIME TO MAKE ALL PUBLIC STATEMENTS IS BEFORE MOTIONS ARE MADE. ONCE A MOTION IS ON THE FLOOR, FURTHER DISCUSSION REGARDING THAT MOTION MUST COME AFTER A SECOND. ALL MOTIONS ARE STATED IN THE AFFIRMATIVE, SO IF A MOTION FAILS OR TIES, THE RECOMMENDATION IS FOR DENIAL.

COMMISSIONERS, IF YOU'RE NOT READY TO MOVE FORWARD WITH A CASE, PLEASE INDICATE AS SUCH WHEN QUESTIONED. FINALLY, I ASK EVERYONE HERE TO AND ON THE ZOOM, THE COMMISSIONER MEMBERS, STAFF, PUBLIC TO CONDUCT THEMSELVES IN A COURTEOUS AND RESPECTFUL MANNER. THIS MEANS IF YOUR CASE IS IN YOUR FAVOR, PLEASE DON'T CLAP, AND IF IT'S NOT, PLEASE DON'T MOAN. IF A LOT OF YOU ARE HERE FOR ONE CASE AND YOU WANT TO GO OUT IN THE HALLWAY AFTER, PLEASE DO SO QUIETLY AND CLOSE THE DOORS WHEN YOU COME BACK SO WE CAN CONTINUE OUR BUSINESS. IF SOMEONE FAILS TO ACT IN THAT MANNER, THE CHAIR WILL ASK THE OFFENDING PERSON OR PERSONS TO BE MUTED ON THE ZOOM OR LEAVE THE MEETING UNTIL SUCH TIME THEY REGAIN PERSONAL CONTROL. IF DECORUM FAILS TO BE RESTORED, THE CHAIR WILL RECESS THE MEETING UNTIL A GENUINE COMMITMENT TO ACT RESPECTFUL AND COURTEOUS IS OBSERVED.

AFTER THE CASE, UM, I SAID THAT ALREADY, SO, THANK YOU. THANK YOU. MAY WE HAVE THE ROLL CALL PLEASE? [ROLL CALL].

>> WE HAVE ESTABLISHED A QUORUM. >> TERE ARE NO ADJUSTMENTS TO THE AGENDA. >> SORRY, CHAIR, THERE IS AN

ADJUSTMENT. >> OKAY. >> THERE IS AN ADJUSTMENT TO THE AGENDA. DUE TO A REQUEST BY THE APPLICANT, CASE Z2400020, METHODIST STREET TOWNHOUSES HAS BEEN RETURNED BACK TO STAFF FOR FURTHER REVIEW AND IT WILL LIKELY BE ON YOUR APRIL PLANNING COMMISSION AGENDA.

>> ALL RIGHT. THANK YOU. ALL RIGHTY. UM, WE DON'T NEED TO VOTE ON AGENDA, DO WE?

>> NO, NO VOTE ON THE AGENDA, BUT I WOULD LIKE TO MAKE A NOTE WE DO HAVE A NEW COMMISSIONER. COMMISSIONER PIONTAK HAS JOINED US AND WE APPRECIATE YOU. WE DO JUST WANT TO MAKE AGENERAL ANNOUNCEMENT. WE DO STILL HAVE THREE VACANCIES ON THE COMMISSION, SO IF ANYBODY WATCHING ONLINE OR TV OR SITTING DOWN HERE AND YOU DON'T LIKE YOUR VIEW FROM DOWN THERE AND YOU'D LIKE TO HAVE A TOP-ROE UH VIEW FROM UP HERE, PLEASE COORDINATE WITH ST CITY OR COUNTY CLERKS TO FILL ONE OF THOSE THREE VACANCIES; WE WOULD GREATLY APPRECIATE IT.

>> ALL RIGHT. ITEM IV IS APPROVAL OF THE MINUTES AND CONSISTENCY STATEMENT. DO WE HAVE A MOTION TO APPROVE? >> SO MOVED.

>> IS THERE A SECOND IN. >> SECOND. CUTRIGHT; SECONDED BY SSIONER COMMISSIONER WILLIAMS TO APPROVE MINUTES AND CONSISTENCY STATEMENTS. ALL IN FAVOR SAY AYE.

O OPPOSED, SAY NAY. AYES HAVE IT. >> NEW COMMISSIONER PIONTAK, COULD YOU INTRODUCE YOURSELF? >> BEEN A DURHAM RESIDENT FOR SEVEN YEARS NOW.

BACKGROUND IN HEALTH CARE AND HEALTH AND HUMAN SERVICES, SO CURRENT CANNILY A MANAGEMENT CONSUL ASSISTANT HERE IN DURHAM. HAPPY TO BE PART OF THE COMMISSION. CONSULTANT. >> THANK YOU.

ALL RIGHT. WE'RE MOVING ON TO FIRST AND ONLY INITIAL ZONING MAP CHANGE. MAY WE HAVE STAFF REPORT, PLEASE? THAT IS CASE Z2400008A ROMERO

RESIDENCE. 1. Z2400008A AND BDG2400005 - ROMERO RESIDENCE. I WOULD LIKE TO STATE FOR THE RECORD THAT ALL PLANNING DEPARTMENT HEARING ITEMS HAVE BEEN ADVERTISED IN ACCORDANCE WITH STATE AND LOCAL LAW, AND AFFIDAVITS ARE ON FILE IN THE PLANNING DEPARTMENT.

THE FOLLOWING INFORMATION SUMMARIZES THE APPLICATION. THIS IS A DIRECT TRANSLATIONAL ZONING REQUEST ASSOCIATED WITH A NONCONTIGUOUS ANNEXATION LOCATED AT 213 SCHEER AVENUE. THE PARCEL IS ZONED RESIDENTIAL SUBURBAN-20 WITH A FALLS/JORDAN DISTRICT B WATERSHED OVERLAY AND IS DESIGNATED ESTABLISHED RESIDENTIAL ON THE PLACE TYPE MAP. THE REQUEST WOULD ALLOW THE APPLICANT TO CONNECT TO WATER AND SEWER FOR THE CONSTRUCTION OF A SINGLE-FAMILY DWELLING UNIT.

AGAIN, THE EXISTING ZONING IS RESIDENTIAL SUBURBAN-20 AND THERE IS NO PROPOSED CHANGED TO THIS ZONING. 166 NEARBY. THE AERIAL MAP SHOWS THE GENERAL LOCATION OF THE PROJECT.

THE PROPERTY IS CURRENTLY DESIGNATED ESTABLISHED RESIDENTIAL ON THE PLACE TYPE MAP. THE PROPOSED ZONING WAS DETERMINED CONSISTENT WITH THE DESIGNATED PLACE TYPE. A NEIGHBORHOOD MEETING WAS NOT REQUIRED FOR THIS REQUEST. NO DURHAM REZONING EXPLORER COMMENTS WERE RECEIVED BY STAFF IN RELATION TO THIS CASE.

THE PROPOSAL IS CONSISTENT WITH THE PLACE-TYPE MAP DESIGNATION OF ESTABLISHED RESIDENTIAL. THE PROPOSAL IS CONSISTENT WITH FOUR OF FIVE APPLICABLE COMPREHENSIVE PLAN POLICIES. WITH THE INCONSISTENT BEING NON-CONTIGUOUS NATURE OF THE ANNEXATION. STAFF AND THE APPLICANT ARE AVAILABLE TO ANSWER ANY QUESTIONS.

>> THANK YOU. DO WE HAVE A SIGNUP SHEET FOR THIS? THANK YOU, SIR. AT A THIS TIME THE CHAIR IS OPENING THE PUBLIC HEARING.

IS THE APPLICANT AVAILABLE? ARE THEY ONLINE? WE HAVE -- I DON'T KNOW IF THAT'S THE APPLICANT ONLINE OR NOT? DON'T KNOW.

>> YEAH. >> IS THAT THE APPLICANT? OKAY. >> THAT'S ME.

>> YEP. YOU'RE UP. >> HI, YEAH, UH, LITTLE BACK STORY ON THE LOT AND WHY I'M CALLING FOR THE ANNEXATION. SO I BOUGHT THE PROPERTY 'BOUT FIVE YEARS AGO WHEN IT WAS LISTED, THE LISTING AGENT WAS DOING A SUBDIVISION TO THE PROPERTY I WAS NOT AWARE OF, AND, UH-UH, I DID RECALL THAT THEY DID NOT DO THE REZONING, WELL THE SUBDIVISION, BUT UH THE OWNER INSISTED THAT THEY WANTED TO DO IT AND UNFORTUNATELY HE PASSED AWAY WHEN WE WERE UNDER

CONTRACT, SO I DIDN'T WANT TO TERMINATE THE CONTRACT. I WENT THROUGH THE CLOSING AFTER THEY RECORDED THE LOT NEW DIMENSIONS AND UNFORTUNATELY WHEN THEY DID THAT, IT WAS NOT CONSIDERED PART OF CHAPEL 70-SOMETHING ALONG THE LINE WHERE IT WAS NO LONGER ASSESSED TO THE WATER AND SEWER. UNFORTUNATELY, FO ME, THIS IS NOT A LOT THAT I'M LOOKING TO DEVELOP TO SELL. I ALREADY SOLD IT TO A CLIENT AND THE REASON WHY I'M DOING THIS ON HIS BEHALF IS BECAUSE I DID NOT DO MY DUE DILIGENCE ON, WELL, UNFORTUNATELY I WAS NOT AWARE UNTIL AFTER I APPLIED THAT I WAS NOT ABLE TO ASSESS TO THE WATER AND SEWER, SO BECAUSE THE LOT IS TOO SMALL FOR A SEPTIC AND A WELL AND A HOUSE AND IMPERVIOUS SURFACE T ONLY OPTION I HAD IN ORDER TO DEVELOP THIS PROPERTY FOR MY CLIENT WAS TO ANNEX INTO THE CITY. >> THANK YOU.

IS THERE ANYONE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK ON THIS APPLICATION? IS THERE ANYONE ELSE ON THE ZOOM THAT WOULD LIKE TO SPEAK TOWARDS THIS CASE? >> NO, MA'AM. >> YOU'RE GOOD.

ALL RIGHT. HEARING NONE, THE PUBLIC HEARING IS NOW CLOSED. WE ARE NOW UH OPEN FOR COMMISSIONER DISCUSSION AND QUESTIONS. ANYONE?

ARE WE READY TO MOVE THIS CASE FORWARD? MAY I HAVE A MOTION? >> CHAIR, AS RELATES TO CASE Z2400008A AND ANNEXATION BDG 2400005, ROMERO RESIDENCE, I MAKE A MOTION WE MOVE THIS CASE FORWARD WITH A FAVORABLE RECOMMENDATION TO CITY COUNCIL. >> SECOND. >> IT'S BEEN MOVED BY COMMISSIONER CUTRIGHT AND SECONDED BY COMMISSIONER WILLIAMS TO MOVE CASE

Z2400008A/BDG 2400005 ROMERO RESIDENC RESIDENCE MOVE WARD WITH A FAVORABLE RECOMMENDATION TO CITY COUNCIL. MAY I HAVE THE ROLL CALL, PLEASE? [ROLL CALL VOTE]. >> MOTION PASSES 8-0.

>> THANK YOU. MOVING ON TO AGENDA ITEM VI. FIRST CASE 1. Z2300011 AND BDG2300007 - HOWARD PROPERTY. MAY WE HAVE THE STAFF REPORT, PLEASE?

>> THIS IS 1. Z2300011 AND BDG2300007 - HOWARD PROPERTY. THIS CASE IS ON NC 98, EAST OF OF KEMP ROAD. THE EXISTING ZONING IS RS-20 AND RR.

783 FOR UP TO 499 DWELLING UNITS AND UP TO 12,000 SQUARE FEET OF COMMERCIAL SPACE. THE SITE IS SURROUNDED BY LOW DENSITY LAND IN AN AREA THAT HAS LARGE UNDEVELOPED TRACTS AND SINGLE FAMILY HOUSING. THE AERIAL MAP SHOWS RESIDENTIAL DEVELOPMENT TO THE NORTH AND WEST. A SCALE HAS BEEN APPROVED WEST OF THE SITE AND LAND TO THE SOUTH HAS BEEN APPROVED BEFORE RESIDENTIAL DEVELOPMENT BUT CONSTRUCTION HAS NOT YET BEGUN. THE PROPERTY IS CURRENTLY DESIGNATED MIXED USE NEIGHBORHOOD AND RECREATION AND OPEN SPACE ON THE PLACE TYPE

MAP. THE EASTERN EDGE OF THE SITE ABUTS THE URBAN GROWTH BOUNDARY, WITH LAND DESIGNATED FOR RURAL AND AGRICULTURAL RESERVE TO THE EAST. THESE ARE THE PRIMARY LAND USE COMMITMENTS IN THE PROPOSAL. THERE ARE ALSO SEVERAL TRANSPORTATION IMPROVEMENTS THAT WILL BE REQUIRED OF THE APPLICANT THAT ARE DETAILS IN THE STAFF REPORT.

TWO NEIGHBORHOOD MEETINGS TWO NEIGHBORHOOD MEETINGS WERE HELD IN ACCORDANCE WITH POLICY. FIVE STATEMENTS ON DURHAM REZONING EXPLORER COMMENTS HAVE BEEN MADE IN RELATION TO THIS CASE. THE PROPOSAL IS CONSISTENT WITH THE PLACE-TYPE MAP DESIGNATION OF MIXED USE NEIGHBORHOOD AND RECREATION AND OPEN SPACE, THOUGH NO COMMITMENT TO PRESERVE THE RECREATION AND OPEN SPACE AREA HAS BEEN PROVIDED. THE PROPOSAL MEETS ALL UDO REQUIREMENTS.

THAT CONCLUDES THE STAFF REPORT. >> THANK YOU. >> CHAIR IS OPENING THE PUBLIC HEARING AND THE APPLICANT IS AT THE PODIUM. >> THANK YOU.

DANIEL JEWELL, LANDSCAPE ARCHITECT, REGIONAL DIRECTOR OF THOMAS & HUTTON. OUR OFFICE IS AT 2510 MERIDIAN PARKWAY AND I LIVE AT 1025 GLORIA AVENUE JUST ABOUT SIX BLOCKS IN THAT DIRECTION. SINCE WE SUBMITTED THE APPLICATION ALMOST TWO YEARS AGO NOW, THERE HAVE BEEN SEVERAL THINGS THAT HAVE HAPPENED. ONE IS THAT YOU WERE ALL AWARE IN LATE 2023, THE CITY COUNCIL AND COUNTY COMMISSIONERS ADOPTED THE NEW COMPREHENSIVE PLAN WHICH HAD BEEN IN THE WORKS SINCE LATE 2019. THE CREATION OF THAT COMP PLAN WAS PROBABLY THE MOST INVOLVED PROCESS I HAVE WITNESSED IN MY 40 YEARS OF BEING INVOLVED IN

DURHAM. ONE OF THE MOST ROBUST PUBLIC DISCUSSIONS WAS AOUND ESTABLISHING A NEW URBAN GROWTH BOUNDARY. IN OTHER WORDS, PARTICULARLY IN EASTERN DURHAM COUNTY WHERE WATER AND SEWER SHOULD BE ALLOWED AND GROWTH HAPPEN AND WHERE IT SHOULD NOT. AND ONE OF THE OTHER LARGEST AREAS OF DISCUSSION WAS AROUND HOUSING.

AS DURHAM HAS BEEN EXPERIENCING HOUSING SHORTAGE FOR A DECADE NOW, HOUSING SHORTAGE THAT HAS CONTRIBUTED TO A VERY HIGH COST OF THE AVAILABLE HOUSING, WE NEED TO BE THINKING ABOUT WHERE, WHAT TYPE, AND HOW MUCH HOUSING SHOULD BE BUILT. I ATTENDED DOZENS OF THESE MEETINGS OVER THE FOUR-YEAR PERIOD. WHEN THIS ZONING REQUEST WAS SUBMITTED WE WERE FAIRLY CONFIDENT THAT WE WOULD CHECK THE BOXES THE COMP PLAN WAS LOOKING FOR AND THAT DID TURN OUT. SO SUM UP A FEW KEY POINTS IN THE COMP PLAN, THIS PROPERTY IS WITHIN THE URBAN GROWTH LIMITS, WATER AND SEWER IS ALREADY NEARBY AND EASILY EXTENDED TO THIS NEW NEIGHBORHOOD, THE

PLACE-TYPE MAP COMPONENT OF THE COMP PLAN CALLS FOR THIS PROPERTY TO BE MIXED USE NEIGHBORHOOD. TO PARAPHRASE FROM THE COMP PLAN, THE MIXED USE NEIGHBORHOOD SHOULD INCORPORATE A DENSE, WALKABLE MIX OF HOUSING TYPES INCLUDING APARTMENTS, TOWNHOMES, SINGLE FAMILY HOMES, AND WE ARE PROPOSING JUST THAT. AND WE HAVE COMMITTED TO PROVIDING ALL THREE OF THOSE TYPES O OF HOUSING THROUGH OUR TEXT COMMITMENTS. THIS PLACE TYPE THAT THERE S FOR SHOULD BE CENTRALLY-LOCATED NON-RESIDENTIAL USES PROVIDED WITHIN THESE NEIGHBORHOODS SH EASILY ACCESSIBLE WITHIN A 15-MINUTE WALK OR SHORTER OF THE RESIDENTS AND WE'RE COMMITTING TO A NON-RESIDENTIAL COMMERCIAL COMPONENT AS PART OF THIS AND THAT WOULD BE LOCATED WITHIN A 15-MINUTE WALK ORLESS OF ALL OF THE NEW RESIDENCES. FURTHER, WE NOTE THAT AT YOUR LAST MEETING I BELIEVE YOU

RECOMMENDED APPROVAL OF A REZONING REQUEST AT THE CORNER OF KEMP AND NC 98 FOR A COMMERCIAL DEVELOPMENT AND THAT IS EXACTLY DIRECTLY AJAY E SENT TO OUR SITE TO THE WEST AND NORTHWEST AND OF COURSE THAT WOULD BE WITHIN A 15-MINUTE WALK OF MOST OF THE PROPERTY AS WELL. WE'RE ALSO COMMITTING TO AN AFFORDABLE HOUSING COMPONENT FOR ALL OF THE UNIT TYPES, NOT JUST ONE OR THE OTHER. AS WELL AS A CONTRIBUTION TO THE DURHAM PUBLIC SCHOOLS FUND. MOST IMPORTANTLY, WE'VE HAD FAIRLY CONTINUOUS NEIGHBORHOOD ENGAGEMENT, PARTICULARLY OVER THE LAST FOUR MONTHS. YES, WE HAD THE TWO REQUIRED VIRTUAL NEIGHBORHOOD MEETINGS, BUT WE ALSO HAD AN ADDITIONAL VIRTUAL NEIGHBORHOOD MEETING EARLY IN THE FALL TO BRING THE NEIGHBORS UP TO DATE, AND WE HAD ONE IN-PERSON MEETING AT THE OAK GROVE RURTAN CLUB THAT I THANK THE NEIGHBORS FOR ORGANIZING WHERE WE WERE ABLE TO MEET IN PERSON AND ANSWER QUESTIONS AND JUST A FEW WEEKS AGO I HOSTED A MEETING AT MY OFFICE WITH SOME

OF THE LEADERSHIP OF THE PRESERVE RURAL DURHAM FOLKS. WE'VE LISTENED TO THE CONCERNS O OF THE NEIGHBORS AND MADE ADJUST MS TO OUR PROPOSALS AS BEST WE COULD TO ADDRESS SOME OF O THOSE CONCERNS. THE MOST IMPACTFUL EARLY ADJUSTMENT WAS WHEN THIS APPLICATION WAS ORIGINALLY SUBMITTED, WE WERE PROPOSING 650 UNITS OVER 7-AND-A-HALF UNITS TO THE ACRE. 78 UNITS PER ACRE SO ROUGHLY A 25% REDUCTION IN DENSITY.

WE KNOW THAT ONE OF THE PRIMARY CONCERNS OF THE RESIDENTS OF THE NEIGHBORHOOD IS INCREASING TRAFFIC FROM NEW DEVELOPMENT. WE GET IT. THERE IS ADDITIONAL TRAFFIC. THERE WILL BE ADDITIONAL TRAFFIC FROM ANY NEW RESIDENTIAL OR PROJECT THAT'S APPROVED. BUT EVEN THOUGH THAT WAS ONE OF THE MAIN DRIVERS, THAT DISCUSSION OF TRAFFIC, THAT ESTABLISHED THE URBAN GROWTH BOUNDARY AS PART OF THE COMP PLAN, WE ALSO WANTED TO DO OUR PART TO MITIGATE THE TRAFFIC

BASED ON THE CONCERNS OF THE NEIGHBORS. IS ONE OF THE WAYS TO MITIGATE WAS REDUCTION IN DENSITY BY THE NUMBER OF UNITS THAT WE DID. THAT INHERENTLY REDUCES THE NUMBER OF TRIPS, AND WE'RE ALSO COMMITTING TO A DOZEN OFF-SITE ROAD IMPROVEMENTS THAT WILL BE DONE E EITHER SOLELY BY US OR IN CONJUNCTION WITH OTHER DEVELOPMENTS THAT HAVE SOME OF THE SAME CONDITIONS ATTACHED. IT'LL PROBABLY BE A FIRST-COME-FIRST-SERVE IN BASIS AND THOSE REPRESENT MILLIONS OF DOLLAR AND N ROAD IMPROVEMENTS. WE ALSO HEARD FROM THE NEIGHBORS, CONCERNS ABOUT BUFFERING FROM THE ADJACENT ESTABLISHED RESIDENTS WHO FRONT ON 98 AND PRESERVING THE VISUAL CHARACTER OF HIGHWAY 98. TO THAT END, WE HAVE NOW INCORPORATED TEXT COMMITMENTS THAT ARE IN YOUR PACK AGE TO PROVIDE A 30 MOOT FOT LANDSCAPE BUFFER ALONG ALL PROPERTIES THAT FRONT ON 98 THAT BACK UP TO THAT PROPOSED REZONING, AND WE'VE ALSO COMMITTED TO A 30-FOOT

NO-BUILD AND NO PARKING SETBACK ALONG THE HIGHWAY 98 FRONTAGE. AND RECENTLY, BASED ON THE MEETING I HADDED IN MY OFFICE A FEW WEEKS AGO WHEN SOME OF THE FOLKS HERE IN THE AUDIENCE TODAY, WE FEEL IT'S APPROPRIATE TO MODIFY OUR COMMITMENT TO THE GREENWAY, UM, THROUGH NOW COMMITTING TO ACTUALLY BUILD THAT TRAIL, NOT ACTUALLY PROVIDING THAT EASEMENT. SO WE WILL BUILD A SUBSTANTIAL SECTION OF CITY GREENWAY TRAIL FROM HIGHWAY 98 TO THE SOUTH END OF THE PROPERTY. WE ALSO, UM, ARE IN AGREEMENT WITH ONE OF THE NEIGHBORHOOD CONCERNS THAT ANY OF THE TO THEIR HOMES, SO WE ARE CLOSE COMMITTING TO A 200 FOOT MINIMUM BUILDING SETBACK FROM THOSE APARTMENTS TO ANY OF THOSE ADJACENT ESTABLISHED RESIDENTIAL NEIGHBORHOODS TO THE NORTH AND THE EAST. AND ALSO, UM, WE ARE COMMITTING TO -- BECAUSE WE NOTICE IN THE

STAFF REPORT THERE IS SOME CONCERN ABOUT WHETHER WE'RE TRULY I SINCERE ABOT MAKING A WALKABLE NEIGHBORHOOD -- WE'RE COMMITTING THAT ALL OF THE USES INCLUDING COMMERCIAL AND RESIDENTIAL WITH A NEIGHBORHOOD WILL BE CONNECTED WITH EITHER SIDEWALKS AND/OR GREENWAY TRAILS AND AT THE APPROPRIATE TIME AFTER MY REMARKS I CAN READ THE EXACT PROPOSED WORDING INTO THE RECORD FOR MR. CAIN. I DID PROVIDE A COPY THIS MORNING TO HIM. SO TO SUMMARIZE, WE THINK WE ARE CREATING THE TYPE OF NEIGHBORHOOD ENVISIONED FOR THIS LOCATION BY THE COMPREHENSIVE PLAN. ARE PROVIDING THE MUCH-NEEDED HOUSING OF VARIOUS TYPES AND INCOME LEVELS THAT DURHAM DESPERATELY NEEDS INCLUDING WORKFORCE HOUSING. WE'LL BE BUILDING A GREAT PUBLIC AMENITY THROUGH THE CONSTRUCTION OF THE GREENWAY TRAIL, AND ARE BEING AS RESPECTFUL TO THE NEIGHBORS THAT WE CAN BE DENSER REDUCTION, LANDSCAPE BUFFERS, HIGHWAY 98 SETBACKS AND COMMITTING TO NOT BUILDING APARTMENT BUILDINGS PROXIMATE TO THEIR PROPERTIES.

I WOULD LEAVE YOU WITH THIS THOUGHT THOUGH: THE OTHER SIGNIFICANT THING THAT'S HAPPENED SINCE WE SUBMITTED THIS ZONING APPLICATION NEARLY TWO YEARS AGO, UM, YOU'RE ALL WELL AWARE THAT THE UNIFIED DEVELOPMENT ORDINANCE IS BEING REWRITTEN. AS PART OF THAT REWRITE, EVERY PARCEL IN DUHAM WILL BE REZONED TO NEW ZONING DISTRICTS INCLUDING THIS ONE. THE LATEST PROPOSED ZONING FOR THIS PROPERTY IS RD. 5 UNITS TO THE ACRE, BY RIGHT, WITH NO AFFORDABLE HOUSING PROVISION.

YOU CAN GET MORE DENSITY IF YOU DO PROVIDE AFFORDABLE HOUSING. SO THAT WOULD BE ROUGHLY 730 UNITS OPPOSED TO THE 499 THAT WE ARE CURRENTLY PROPOSING, ABOUT A 46 INCREASE IN THE DENSITY THAT WE HOPE THAT YOU WILL RECOMMEND APPROVAL OF TONIGHT. WE THINK THAT RECOMMENDING APPROVAL OF OUR REQUEST WILL PROVIDE THE RIGHT BALANCE

BETWEEN THE NEED FOR HOUSING, MEETING THE GOALS OF THE COMPREHENSIVE PLAN, AND STILL PROVIDING SOME MITIGATION FOR THE O GOING NEIGHBORHOOD CONCERNS OUT THERE OF NEW DEVELOPMENT, AND IT'S CERTAINLY THE PROJECT THAT WE WOULD LIKE TO BUILD. THANK YOU, AND THAT CONCLUDES MY PRESENTATION. >> THANK YOU. REGARDING THE THREE NEW PROFFERS THAT YOU MADE, I DON'T THINK WE NEED TO NECESSARILY READ THEM O OUT VERBATIM AT THIS POINT.

THE SIDEWALKS AND THE CONNECTION SIDEWALKS GREENWAY TRAILS, THAT'S PRETTY CLEAR. THE 200-FOOT SETBACK FOR THE APARTMENT BUILDINGS IS CLEAR. I JUST WANT TO SPECIFY BASED O WHAT YOU HAD SENT ME EARLIER TODAY FOR THE PAVED GREENWAY TRAIL, IT WOULD BE A 50 FOOT EASEMENT RATHER THAN A 100 FOOT EASEMENT, BUT YOU WOULD BE CONSTRUCTING THE GREENWAY WHERE PREVIOUSLY IT WAS 100 FOOT

EASEMENT BUT WITH NO CONSTRUCTION AND THAT IT WOULD BE COMPLETED PRIOR TO RECEIVING THE 200th RESIDENTIAL CERTIFICATE OF COMPLIANCE. >> RIGHT. WE HAVE DESIGNED MOST OF THE EXISTING GREENWAY TRAILS IN DURHAM AND YOU NEED 100-FOOT EASEMENT IF YOU DON'T KNOW WHERE THE TRAIL IS GOING TO GO UH BUT THE FACT E WE'RE GOING TO BE BUILDING THE TRAIL WE CAN PUT A 50 FOOT EASEMENT AND THAT'LL BE MORE THAN ENOGH. THANK YOU FOR YOUR TIME.

I'LL BE HERE FOR QUESTIONS. >> THANK YOU. >> SO, UM, THE GROUP WITH THE TOGETHER, LIKE EVERY SINGLE PERSON? OKAY. YOU WANT TO GO GET SET UP AND THEN LINE UP AND THEN WE'LL START THE CLOCK AFTER THAT.

>> THANK YOU. THANKS FOR BEING HERE. OKAY. ALL RIGHT, GOOD EVENING.

PAMELA ANDREWS, WAKE FOREST HIGHWAY. WE APPRECIATE THE THREE NEIGHBORHOOD MEETINGS AND TE NEW PROFFERS, BUT THERE ARE CONCERNS THAT STILL EXIST. AS YOU CAN SEE I THIS MEDIATE VICINITY THERE ARE SEVERAL DEVELOPMENTS AROUND ALONG WITH NEW CHARTER SCHOOL BEING BUILT. CAN CAN WE PLEASE LEAVE THAT IMAGE UP.

>> GET YOUR POER POINTS UP. ALL RIGHT. LET'S GO. >> THANK YOU.

>> GO AHEAD. >> THANK YOU. ALL RIGHT. IT'S JUST IMPORTANT FOR THE PICTURE. SO THERE ARE IN THE MEDIATE VICINITY UH THERE ARE SEVERAL DEVELOPMENTS ALONG ALONG WITH THE CHARTER SCHOOL. THIS AREA IS IN A CRISIS FOR MANY REASONS.

THIS PARCEL TOUCHES THE CRITICAL WATERSHED. THE NATURAL HERITAGE LAND IS THERE. THE WILDLIFE CORRIDOR AND OPEN SPACE AREA IS THERE. AS WELL AS THERE ARE TWO PROTECTED SPECIES, TWO RECORDED CURRENTLY ON THE PROTECTED SPECIES LOCATED WITHIN ONE MILE OF THIS PROPERTY IN THE MIDDLE LICK CREEK BOTTOM LANDS.

TRAFFIC A CRISIS TOO. AN ACCIDENT LAST FRIDAY SHUT DOWN 98 FOR 12 HOURS TIEING UP EMERGENCY PERSONNEL. OUR EMERGENCY RESPONDERS ARE EXTREMELY SHORT STAFFED AS YOU WILL SEE. SCHOOLS OVER CAPACITY AS WELL.

DURHAM IS IN A SEDIMENT POLLUTION CRISIS. MASS GRADING, CLEAR CUTS, BLASTING IS CAUSING SEDIMENT POLLUTION OUR STREAMS. FEATURES I WANT TO POINT OUT ON THIS SLIDE: PROPERTY TOUCHES THE CRITICAL WATERSHED. STREAMS ON-SITE. STILL WAITING ON THE OFFICIAL STREAM DELINEATION TO KNOW WHICH STREAMS NEED TO BE MITIGATED.

P FEMA FLOODPLAIN IS PRESENT, ONE MILE. 160 UTILITY LINES WILL BE USED AS OPEN SPACE. 43% OF THE COMP PLAN POLICIES WERE NOT MET. THE REPORT IS FROM THE NCDEQ IN 2022, STREAMS MARKS A-G TO SEE THEM.

FIVE OF THE SEVEN ARE IDENTIFIED AS [INDISCERNIBLE]. ALL OF THEM FLOW INTO LICK CREEK WHICH IS IMPAIRED. ABOUT A MILE AWAY IT FALLS INTO FALLS LAKE. I ASK YOU TO PEASE DON'T CLEAR CUT, DON'T MASS GRADE, DON'T BLAST ANOTHER SITE.

WE ARE IN A CRISIS IN SOUTHEAST DURHAM. THANK YOU. THANK YOU FOR YOUR HELP. >> JACOB FREEMAN, ADDRESS ON FILE. THIS SLIDE'S BEEN SHOWN MANY TIMES BEFORE THAT SHOWS AFTER MATH OF RAIN EVENTS WITH

EXISTING DEVELOPMENT AND SEDIMENT FLOW INTO FALLS LAKE. WE DON'T BELIEVE DURHAM COUNTY'S POLICY 86 FROM A COMP PLAN WHICH SEEKS TO ENSURE PROTECTION OF WATER SOURCES FOR ADJACENT COUNTIES IS BEING MET. AS CAN BE SEEN HERE, SEDIMENT LADEN WATER DOES NOT MEET REQUIREMENT FROM THIS POLICY. THIS IS FROM JANUARY 2024 BEFORE OTHER ACTIVITIES HAVE TAKEN PLACE.

PERRY FARM HAS NOT HAD ANY DISTURBANCE TAKING PLACE YET. THIS DEVELOPMENT IS CLOSE TO THE CRITICAL WATERSHED. CRITICAL WATERSHED HAS A NAME FOR THAT REASON, IT'S THE MOST SENSITIVE AREAS ADJACENT TO THE BODIES O OF WATER TO PROTECT THOSE WATERS. WE EXPECT TO SEE A STUDY TO SEE IMPUTATION OF THESE CHANGES.

THIS SLIDE SHOWS AERIAL VIEW OF FALLS LAKE. SEDIMENT LADEN WATERS FLOWING INTO FALLS LAKE. SOMETHING'S DIFFERENT HERE. IT'S OUR BELIEF THAT THE ON GOING HIGH SENSETY DEVELOPMENT ACTIVITIES NOT MEETING REQUIREMENTS NC ADMINISTRATIVE CODE FOR STORMWATER MANAGEMENT REVIEWING THE CODE [INDISCERNIBLE] UNCLEAR ACTIVITIES AND ANY FUTURE IN THE WATERSHED AREAS WILL MEET THESE REQUIREMENTS WHEN YOU SEE THE WATER FLOWING INTO THE LAKE. THIS SITUATION WILL GET WORSE AS MORE LAND IS CLEAR CUT, MASS GRADED AND LOST TO IMPERVIOUS SURFACE. GOING TO SKIP THIS BECAUSE THIS WAS PART OF THE PROFFER.

>> GOOD EVENING. I'M DONNA STIENBACK, 4825 A JIMMY ROGERS ROAD, APPROXIMATELY FOUR MILES FROM THIS SITE. AGAINST THIS PROPOSAL. AS THE MAP SHOWS, THIS SITE IMPACTS THE EASTERN DURHAM OPEN SPACE PLN BUFFER.

THIS AREA IS CONSISTENT WITH THE AREA SHOWN AS RECREATION AND OPEN SPACE. THE APPLICANT HAS NOT COMMITTED TO PROHIBITING DEVELOPMENT IN THIS AREA. ALSO PROTECTED SPECIES ARE LOCATED WITHIN ONE MILE OF THE PROPERTY AND REPORTED TO THE DEVELOPMENT TEAM IN 2022. ADDITIONAL RECOMMENDED AQUATIC SURVEYS WEE NOT CODOESN'TED.

THE ENVIRONMENTAL CORPORATION DOCUMENT ANALYSIS SAID SHOULD IMPACTS TO THESE HABITAT BE PROPOSED, ADDITIONAL INVESTIGATION IS RECOMMENDED. IT WAS NOT DONE. PREVIOUS PUBLISHED RESULTS INDICATE TWO RECORDED

OCCURRENCES OF RARE PROTECTED SPECIES, THE CAROLINA DARTER AND THE DISSECTED TOFORT. THAT IS A FISH AND A PLANT. THIS ADDITIONAL INVESTIGATIONING TO FIND THE LITTLE FISH AND PLANT WAS NOT DONE AND IT WAS RECOMMENDED. SPANKLER ENVIRONMENTAL INCORPORATED VISITED THE PROJECT AREA IN 2021 AND 2022, TO DETERMINE THE RARE AND PROTECTED SPECIES AND TO LOOK IN THEIR DATABASE. THEY PUBLISHED A REPORT IN 2022. THIS CHART SHOWS THT PART OF HOWARD PROPERTY THAT'S OUTLINED AND THE PURPLE RED SLASHED AREA IN THE BOTTOMLANDS IS IN THE NATIONAL HERITAGE PROGRAM PRKTED AREA NEAR THE CENTER OF THE CIRCLE THERE.

ALSO, THE -- OKAY. >> GOOD AFTERNOON, . I'M PAM WILLIAMS, ADDRESS ON FILE. OOPS.

I WANT TO SHOW YOU THE TRAFFIC THAT WE HAVE TO DEAL WITH OUT HERE ALL EVERY SINGLE DAY OF THE WEEK, AND MY VOICE IS CHANGING THE SLIDES FOR ME. OKAY. NC 98, BOTTOM RIGHT HAND CORNER, NC 98 UPER LEFT AT NEIL EVERY SINGLE DAY AND THEN -- I'M SO SORRY, I DON'T KNOW WHAT'S GOING ON. MUST BE MY MAGNETISM.

-- THEN PATTERSON ROAD. THIS IS THE ISSUES WE DEAL WITH. THE TRAFFIC HERE -- I AM -- OKAY. THIS SITE IS AGAIN ANOTHER EXAMPLE OF RAPID EXPANSIONING IN THE DURHAM CITY GOING TO RURAL

AIR CHARACTERIZED BY HIGH DENSITY RESIDENTIAL, HIGH IMPERVIOUS, MINIMUM TREE COVERAGE, NO 15 NEIGHBORHOOD WALKING, AND IT'S CAR CENTRIC. AGAIN, WE DON'T KNOW WHAT THOSE COMMERCIAL AREAS ARE GOING TO BE AT THE CORNER OF KEMP OR ON THIS PROPERTY, SO HOW COULD WE CALL IT A 15 MINUTE NEIGHBORHOOD TO GET FOOD OR COFFEE OR WASH YOUR CAR. I'M POSED TO THE DEVELOPMENT AS PROPOSED. THIS PROPOSE DOES NOT MEET FIVE POLICIES.

ONE OF THEM SAYS IT MEETS AND I CHALLENGE THAT, POLICY 72, WHICH SAYS DEDICATED RIGHT-OF-WAY TO SIDEWALKS. THIS IS 55 MILES PER HOUR, A HIGHWAY. IF THEY DON'T PUT IN A 25 FOOT BUFFER, THEN THEY CAN'T DEDICATE THAT BECAUSE COMPLETE STREETS REQUIRES THAT AND ALSO D PAC REQUIRED IT. P CAPACITY OF 98 RIGHT NOW IS

15,000, OKAY. WELL THAT'S IT, NCDOT'S COUNT IS 15,008 [INDISCERNIBLE]. CAPACITY IS 14,600 AS FOR NCDOT FOR SUBURBAN OTHER MAJOR THOROUGHFARES. I DON'T KNOW WHERE THE 17,000 CAME FROM IN THE ZONING REPORT.

IN THE PREVIOUS IT CAME FROM A FLORIDA DOT TABLE BUT THIS IS NORTH CAROLINA. WE HAVE HILLS HERE. WE HAVE HILLS HERE. THIS AREA IS SHOWN ON THE RIGHT IS THE 19 DEVELOPMENTS AT TIA TOOK INTO PLACE AND OVER 56,000 ADDITIONAL VEHICLES TRIPS PER DAY WILL BE IN THIS AREA.

I HOPE Y'ALL HA OPPORTUNITY TO REVIEW THE POWERPOINT PRESENTATION I SENT OUT LAST NIGHT AND AGAIN I DON'T KNOW WHY THIS IS CHANGING WITHOUT ME TOUCHING IT T. [LAUGHTER] THANK YOU. >> GOOD EVENING.

MICAH ANDREWS, I LIVE ON WAKE FOREST HIGHWAY. HAVE LIVED THERE AL OF MY UH LIFE. I'M 67 YEARS OLD, AND MY MAIN CONCERN NEEDS TO BE ADDRESSED. WE HAVE SPOKEN WITH NCDOT AND STATE ENGINEERS ABOUT THE AMOUNT OF TRAFFIC, UM, AND THE ACCIDENTS THAT HAVE BEEN IN THIS LOCATION.

THERE HAVE BEEN 13 OVER THE LAST TWO YEARS, WHICH ARE NOT LOW IMPACT, THEY'RE HIGH-SPEED TRAFFIC ACCIDENTS. I WILL USE THIS ILLUSTRATION IF YOU'VE EVER BEEN GOING DOWN I 95 AND YOU CROSS OVER A BRIDGE AND THEN ONCE YOU GET ON THE OTHER SIDE OF THE BRIDGE, TRAFFIC IS STOPPED AND CARS GOING EVERY WHICH WAY, THAT'S WHAT HAPPENS IN THIS STRETCH OF HIGHWAY 98 BECAUSE THERE ARE TWO LOCATIONS THAT ARE BLANK SPOTS. ONE LOCATION, MR. JOULE HAS IE DEBATE FIED IS ON THE INGRESS TO THE PROPERTY WHICH IS RIGHT ON THE CREST OF THE HILL, AND THE

OTHER FOR THE EGRESS COMING OUT WHICH IS GOING TO BE A RIGHT TURN WHICH IS GOING TO SEND ALL THE TRAFFIC BACK TOWARDS WAKE FOREST OR EASTBOUND, IS GOING TO THROW ADDITIONAL TRAFFIC. JUST LIKE FRIDAY, WE HAD A MAJOR ACCIDENT INVOLVING A TRACTOR TRAILER RIG VISITING A BUSINESS OUT ON HIGHWAY 98 AND HAD IT NOT BEEN FOR ALERTNESS OF THE DRIVER TO AVOID THE VEHICLE THAT HAD OR WAS ATTEMPTING TO AVOID REAR ENDING A VEHICLE, WE WOULD HAVE HAD A FIE TALLTY THERE. THAT TRUCK DRIVER TOOK IT IN HIS OWN LIFE AND WENT OFF DOWN EMBANKMENT DOWN AN EASIMENT BUT THERE'S HIGH SPEED ON HIGHWAY 98 AND IT HAPPENS EVERY DAY, UM, IT'S LIKE WELL I WANT TO GET ONE CAR IN FRONT OF YOU AND IT'S SPEED AWAY. AND IT'S VERY DANGEROUS FOR THIS LOCATION. VERY DANGEROUS FOR THE RESIDENTS

THAT LIVE THERE THAT ARE TRYING TO GET OUT OF THEIR OWN PROPERTY. THANK YOU. >> THANK YOU. >> HI.

I'M DEBRA ANDREWS AND I LIVE ON WAKE FOREST HIGHWAY VERY CLOSE TO WHERE THIS PROJECT IS PROPOSED. UM, 98 IS NOT A FLAT ROAD. IT HAS HILLS AND DIPS AND YOU CAN'T ALWAYS SEE WHAT'S COMING OVER THE HILL. I AM VERY FRUSTRATED BECAUSE I'VE LIVED OUT HERE MY WHOLE LIFE AND IT'S TO THE POINT I CANNOTEN GET OUT OF MY DRIVEWAY WHETHER I WANT TO GO RIGHT OR I WANT TO GO LEFT. MOST TIMES, I'VE GOT TO GO THE OPPOSITE WAY I WANT TO GO JUST TO BE ABLE TO TURN AROUND AND GET IN THE FLOW OF TRAFFIC GOING THE OTHER WAY. IF I WANT TO LEAVE GOING TOWARD WAKE COUNTY, A LOT OF TIMES I'LL

GO DOWN SOUTH VIEW AND TURN UP KEMP OR SOMETIMES I'LL GET ON CARPENTER POND AND HAVE TO GO UP TO OLIVE BRANCH BEFORE I GET BACK IN THE FOW OF TRAFFIC. IT'S A VERY DANGEROUS HIGHWAY. PEOPLE DO NOT OBEY THE SPEED LIMITS OUT THERE, THEY PASS ON HILLS, AND IT'S NOTHING FOR YOU TOW BE LOKING OUT YOUR WINDOW AND SOMEBODY'S PASSING SOMEBODY GOING UP A HILL GOING TWOBLLY -- PROBABLY 70-80 MILES PER HOUR. AS RESIDENTS OUT THERE, WE NEED SOME HELP. IT'S A VERY DANGEROUS HIGHWAY, YOU KNOW, SEVERAL YEARS AGO BEFORE OUR PARENTS PASSED AWAY, MY MOM HAD BEEN TO MY HOUSE AND THIS IS BEFORE I GOT BAD, SHE PULLED OUT ON 98, THERE WASN'T A CAR AT THE TIME COMING, BUT SHE PULLED OUT AND A CAR TOPPED THE HILL AND WOUND UP HITTING HER AS SHE WAS PULLING OUT ON TO THE HIGHWAY. YOU KNOW, I DON'T KNOW WHAT THE ANSWER IS, BUT SOMETHING NEEDS TO BE DONE, YOU KNOW, FOR THE

RESIDENT WHO ISLY OUT THERE AND ALSO THE PEOPLE THAT DRIVE THIS HIGHWAY ON A DAILY BASIS. AND WE GET A LOT OF TRAFFIC FROM WAKE COUNTY, WAKE COUNTY COMING INTO DURHAM, AND DURHAM GOING TO WAKE COUNTY; IT'S BUMPER-TO-BUMPER, SO WE REALLY NEED SOME HELP. IT'S A DANGEROUS HIGHWAY. >> THANK YOU.

>> TAMMY SWAY YEAH, BAPTIST ROAD. I FIRST WANT TO START OUT THANKING MR. JEWEL. HE DID LISTEN TO US AND I APPRECIATE THIS, BUT AS A PERSON WHO LIVES ON BAPTIST ROAD THERE ARE SOME FACTS YOU CAN'T DENY AND THE FIRST ONE I WANT TO TALK ABOUT IS THE FIRST RESPONDERS WHICH ARE SEEN HERE AS THE GRAPH THAT WAS DONE IN MARCH 2024 THAT WAS ASKED BY THE CITY MANAGER.

THERE'S A SAFETY PRACTICE THAT THERE'S TWO IN AND TWO OUT. RIGHT NOW OUR FIREFIGHTERS CAN'T MEET IT WITH ONLY THREE PEOPLE PER SHIFT. ALSO I WANT TO SHARE THE 2024

RUN TOTALS. E 8 P THAT'S FIRE STATION 8 IS ON 98 HIGHWAY. THIS STATION DOES NOT HAVE A LADDER TRUCK WHICH IS NEEDED AND IS REQUIRED FOR APARTMENTS, SCHOOLS, YOU GOT DURHAM CHARTER SCHOOLS COMING BEING BUILT, AND TOWNHOMES. THE NEW FIRE STATION FOR SOUTHEAST DURHAM IS NOT IN THE CAPITAL IMPROVEMENT PLAN.

THE OTHER FIRE STATION THAT WOULD SERVICE THIS AREA IS E 17 WHICH IS ON LEESVILLE ROAD, AND THEY HAVE HIGH CAPACITY AS WELL. THE POLICE ARE ALSO IN A CRISIS. THE CLOSEST POLICE STATION TO THIS AREA IS SEVEN MILES AND WHAT WE'RE ALSO CREATING IS THERE'S POCKET OF CITY OF WHO'S SERVICES, WHO'S COUNTY, AND WHO'S IN THE CITY. SO THERE'S ALSO A LOT OF CONFUSION OF WHO RESPONDS TO WHO. AND LASTLY, I WANT TO TALK ABOUT THE EMS CRISIS WHICH CONCERNS ME

THE MOST. THIS IS JUST A FEW DAYS AND AS YOU KNOW JERRY RAY MONITORS THE SYSTEM. WE HAD TO HAVE PERSON COUNTY COME RESPOND. WE HAD TO HAVE WAKE COUNTY RESPOND AND THEY WERE 25 MINUTES AWAY.

THIS IS GOING TO AFFECT EVERYONE OF YOU IF YOU CALL EMS AND WE DON'T HAVE CAPACITY, IT MAY BE YOUR LIFE THAT'S IN DANGER NEXT. THANK YOU >> THANK YOU. >> I'M REBECCA FREEMAN, ADDRESS ON FILE AND I WANT TO SPEAK TO YOU TONIGHT ABOUT THE MEDICAL ISSUES THAT ARE FACING DURHAM. THE MEDICAL FACILITY CAPACITY IS AT RISK.

THAT'S ANOTHER WRAP AROUND SERVICE NEEDED. BETWEEN 21 AND 23 POPULATION INCREASED 680 PEOPLE, SORRY, 6,800 PEOPLE. PLANNING FOR NEEDS IS CRITICAL.

OUR MEDICAL FACILITY INCREASING CAPACITY TO MEET DEMANDS OF THE POPULATION INCREASE. I'M SURE YOU'VE PROBABLY HAD EXPERIENCE OF GOING WITH SOMEBODY OR HEARING SOMEBODY GOING TO THE EMERGENCY ROOM AND HAVING TO WAIT HOURS AND HOURS AND HOURS OR GETTING EMITTED AND HAVING TO WAIT IN A BED. THAT IS A GREAT ISSUE. OUR MEDICAL FACILITY INCREASING CAPACITY TO MEET DEMANDS O OF THE POPULATION.

A LOT OF PEOPLE COME IN FROM OUT OF COUNTY. NEXT ONE IS OUR SCHOOLS AND, UM, AS YOU CAN SEE HERE -- NO, YEAH, SCHOOLS. AS YOU CAN SEE HERE, THE SCHOOL CAPACITY IS AN ISSUE. WE WERE LOOKING AT JUST THE WHAT IS THIS ADDED ENROLLMENT WILL BE BE, SCHOOL CAPACITY FOR ALL THESE SCHOOLS WILL BE UP IN THE

5 OVER CAPACITY. ANOTHER THING I WANT TO TALK ABOUT WITH SCHOOLS IS DEVELOPER COMMITS TO THE CONTRIBUTING $932 PER STUDENT FOR 44 SDUTS TO STUDENTS TOTALLING $41,000. TRUE COST FOR STUDENT IS 150,000. THAT'S $4,636,456.

THAT'S 4 POINT [INDISCERNIBLE] MILLION DOLLARS SHORT. TAXPAYERS END UP PAYING FOR THAT AS WELL AS [INDISCERNIBLE]. >> THANK YOU. DON'T LET HER TOUCH IT. >> IT'LL STRT MOVING, WON'T IT. >> I'M WANDA ALLEN AND MY

ADDRESS IS ON FILE. PERSONALLY WANT TO SAY FROM BEING IN THE BUILDING INDUSTRY WHAT THE GOAL WHEN YOU'RE DEVELOPING IS ALWAYS TO CREATE A COMMUNITY THAT IMPROVES THE QUALITY OF LIFE FOR THE INDIVIDUALS THAT ARE GOING LIVE IN THAT COMMUNITY AS WELL AS FOR THE NEIGHBORS. WE IN THIS COMMUNITY I HAVE MET THREE -- HAVE MET ATNDED THREE NEIGHBORHOOD MEETINGS WITH DAN WITH THE GOAL OF WORKING TOGETHER AND TO BUILD A VIABLE COMMUNITY. ON THE SCREEN HERE, YOU WILL SEE SOME PROFFERS THAT WE HAVE ASKED DAN TO HANDLE OR ASKED THE DEVELOPER TO HANDLE. THE PROFFERS THAT HAVE COME IN THAT YOU SEE IN YOUR DOCUMENTATION ARE MINIMUM, MINIMUM UDO REQUIREMENTS. DUE TO THE TIME LIMIT THAT I HAVE, I WOULD JUST LIKE TO GROUP

THESE INTO ORDER. NUMBER ONE THROUGH THREE, TREE BUFFERS AND MATURE TREES. WE'RE ASKING FOR 30 FOOT UNDISTURBED BUFFER WITH MATURE TREES. REFORESTING 30 FOOT BUFFER; LEAVE EXISTING TREES MATURE TREES ALONG THE BUFFER.

THE SECOND ITEM IS FOUR THROUGH SIX, PROTECT OUR LARGEST INVESTMENT AND OUR PRIVACY. NO APARTMENTS OR TOWNHOMES. WE'VE ASKED FOR NO APARTMENTS ALONG HOMES FOR PRIVACY. NO BLASTING AND NO STORMWATER OR RETENTION PONDS TO DRAIN ON TO OUR PROPERTY AND THIS IS HAPPENING TODAY, YOU GUYS. WE HAVE NEIGHBORS WHO ARE GETTING LAWYERS TO PROTECT THEIR PROPERTY.

SOMETHING GOING ON? OKAY. >> TWO MINUTES ARE UP. >> SO ENSURE -- OH, MY MERCY, EXCUSE ME.

MAN, IT GOES FAST. >> GOOD EVENING, THOMAS FREEMAN, LIFELONG RESIDENT O OF DURHAM, A 45-YEAR RESIDENT ON SOUTHVIEW ROAD. MY ROLE HERE IS TO QUICKLY, EXCUSE ME, I'M GOING TO TRY TO SLOW DOWN THE PACE. YOU'VE HEARD OUR TEAM THROW A LOT OF DATA AT YOU AND I HAVE ONE MINUTE, 49 SECONDS LEFT. I'LL TRY TO SLOW THINGS DOWN SO I CAN EXPLAIN TO YOU ALL WHAT I I PROPOSE TO DO IS TO SUMMARIZE WHAT MY COLLEAGUES HAVE SAID BEFORE US, AND I'LL DO THIS IDENTIFIED THE PROGRAM CRISIS AREAS. I'LL NOT READ THEM BUT I'LL CALL THEM OUT: POPULATION GROWTH,

ENVIRONMENTAL CRISIS, UNLAWFUL DISCHARGE OF SEDIMENT RESIDENTIAL CONSTRUCTION SITES, SCHOOLS OVERCAPACITY, FIRE AND HOSPITAL SHORTAGES, POLICE AND EMS SHORTAGES WITH 138 POLICE OFFICERS SHORT, I MIGHT ADD, INCREASED ACCIDENTS. WE'VE TALKED ABOUT THE MAJOR COLLISION THAT OCCURRED JUST FRIDAY THAT AFFECTED ALL OF US. WE WERE OUT WITHOUT POWER UNTIL LATE INTO THE EVENING. AND AS WITH ANY TECHNICAL, UH, WITH ANY TECHNICAL PROGRAM OR SCIENTIFIC, EVERYTHING THAT WE'VE SAID, ALL THE FACTS, ALL THE FIGURES ARE PRIMARILY FROM THE STATE OF NORTH CAROLINA OR THE CITY O DURHAM SOURCES. WE DIDN'T MAKE THIS STUFF UP, AND THEY'RE ALL PROPERLY FOOTNOTED IN THE ADVANCED MATERIAL THAT YOU HAVE SEEN,

THAT UH YOU HOPEFULLY HAVE IN FRONT OF YOU. AND I WOULD ADD THAT WE'RE READY AND WILLING TO ANSWER ALL OF YOUR QUESTIONS AS THEY MIGHT COME TO YOU. AND ALSO VERY QUICKLY, I WOULD JUST -- I'VE GOT TO POINT OUT THAT THE UDO CITING OPEN SPACE IS ABSOLUTELY UNSULTING AS A PROPERTY OWNER IN THAT AREA; MY PROPERTY IS NOT OPN SPACE. IT'S MY PROPERTY THAT I'M PAYING TAXES ON.

>> THANK YOU. >> SINCE I HAD SO MUCH PROBLEMS AND EVERYTHING, CAN I GET TEN SECONDS? >> SURE. >> OKAY.

AGAIN, PAM WILLIAMS. I WOULD LIKE TO CALL WHEN WE HAVE A CHANCE REBUTTAL ROBIN FROM THE PLANNING DEPARTMENT TO EXPLAIN THAT THIS IS ZONED RB AND NOT RD. THANK YOU. >> THANK YOU.

>> SORY, ROBIN. >> NEXT WE HAVE FLORENCE COATS. >> GOOD AFTERNOON, I LIVE ON 5018 -- I'VE LIVED THERE FOR 51 YEARS. AS DEBRA SAID A WHILE AGO, TRAFFIC IS TERRIBLE ON 98 HIGHWAY.

OF A MORNING, TRAFFIC IS BACKED UP BY MY HOUSE COMING FROM WAKE FOREST ROAD SITTING IN A STAND STILL EVERY MORNING. AND I DO NOT NEED A LOT OF BLASTING GOING ON AROUND MY HOUSE. I'M TOO OLD, AND I CAN'T AFFORD TO REPAIR FOR DAMAGE HAS BEEN DONE TO MY PROPERTY. WE'VE ALREADY HAD TO REPLACE THE

WELL WHERE THEY WIDENED THE ROAD AND MESSED OUR WELL UP, AND SO I JUST WANT THINGS TO BE -- AND RIGHT NOW, THE ENTRY WAY THAT THEY'RE TALKING ABOUT PUTTING IN IS ON THREE HOUSES ONE BE THIRD HOUSE BUT THE THEY PUT A STOPLIGHT THERE THEY'RE GOING TO HAVE TO PUT A TURNING LANE, IF TURNING LANE IT'S GOING TO COME RIGHT IN FRONT OF MY HOUSE; ALREADY HAVE A PROBLEM GETTING OUT. IF THEY PUT THAT THERE, I DON'T KNOW WHEN KI GET OUT. IT'LL BE LIKE TAKE ME PROBABLY 15-20 MINUTES TO GET OUT OF MY DRIVEWAY. RIGHT NOW I FEEL LIKE I'M SITTING THERE FIVE, BUT, UH, WE NEED ALL THAT.

I NEED YOU TO THINK ABOUT ALL THAT FOR OUR BENEFITS AND WHAT IT WOULD DO TO OUR PROPERTY. AND AFFECT THE ONES NEXT TO ME WORSE THAN ME. THANK YOU FOR YOUR TIME. >> THANK YOU.

CYNTHIA BARRY HUTCH. >> THANK YOU. CINDY, I'M A 6012 WAKE FOREST HIGHWAY AND MY PARENTS MOVED US DOWN HERE FROM CONNECTICUT IN 1972, WE'RE THE ONLY FAMILY THAT HAVE LIVED IN THIS RESIDENTS AND I PURCHASED IT FROM MY MOM'S ESTATE IN 2017. I'VE LIVED ELSEWHERE THROUGHOUT THE COUNTRY BUT WHEN I RETIRED I DECIDED THAT I WOULD LIKE TO MOVE BACK TO DURHAM BECAUSE I ENJOYED GROWING UP HERE, AND, UM, BUT MY HOUSE [INDISCERNIBLE] CHANGE. MY CONCERNS ARE THE TRAFFIC. UM, I DON'T DRIVE, BUT PEOPLE COME TO PICK ME UP, FAMILY MEMBERS AND FRIENDS, UM, TO LIKE GO T THE GROCERY STORE, TO GO SHOPPING, THINGS LIKE THAT, AND THEY'RE REALLY HESITANT ABOUT COMING TO GET ME, UM, AT CERTAIN

HOURS, UM, AND IT'S GOTTEN TO BE WHERE, YOU KNOW, THE TRAFFIC IS REALLY BAD, YOU KNOW, PRETTY MUCH, ANY TIME OF THE DAY, UM, AND, UM, SO, UM, THEY'RE CONCERNED ABOUT THE TURNOUTS, THOSE ARE WHAT THE DECISION IS GOING BE FROM THE, UM, DEVELOPMENT GOING ON IN ONE GOING TO BE CLOSE T EXTENDED LANE TO MERGE OVER IS GOING TO BE CLOSE TO MY DRIVEWAY AND THERE'S A HILL RIGHT BELOW MY HOUSE THAT ILY LIKE IN, UM, A LONG STRETCH WHERE THERE'S NO HILLS SO WHEN THEY COME UP THE HILL, THEY'RE FLYING TO PASS THE BEHIND COMING UP THE HILL, AND, UM, GOING TO THE MAILBOX, UM, IT'S JUST -- VI TO WAIT FOR THE TRAFFIC TO PASS. PARTIALLY BLIND AND SO I TRY STEP BACK AND WAIT FOR THE TRAFFIC TO CLEAR BUT THAT IS A

CONCERN FOR ME NOT FOR MOST EVERYBODY, BUT I COULD ONLY SPEAK FOR MYSELF. THANK YOU. >> THANK YOU. WE HAVE ONE MORE PERSON ON HERE AND YOU HAVE A VERY FANCY SIGNATURE THAT I CANNOT READ WHATSOEVER, BUT THE ADDRESS IS 5612 WAKE FOREST ROAD.

>> [INAUDIBLE]. >> THANK YOU. IS THERE ANYONE ELSE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK ON THIS CASE? ALL RIGHT, IS THERE ANYONE IN THE ZOOM THAT WOULD LIKE TO SPEAK ON THIS CASE?

MR. JEWEL, YOU HAD ABOUT A MINUTE LEFT. DO YOU WANT TO ANSWER ANY OF THE, UM, QUESTIONS THAT THE OR

CONCERNS THAT TH COMMUNITY BROUGHT UP? >> THANK YOU FOR THE OPPORTUNITY. I WILL MAKE JUST A FEW GENERAL STATEMENTS. WE KNOW THERE ARE A FEW STREAMS ON THIS PROPERTY, UM, THERE ARE NO SEVEN JURISDICTIONAL STREAMS BUT THERE ARE SOME, AND CERTAINLY BETWEEN THE UDO REQUIREMENTS, STATE REQUIREMENTS AND THE US ARMY CORPS OF ENGINEERS REQUIREMENTS, WE WILL BE VERY LIMITED IN WHAT IF ANYTHING WE CAN DO WITHIN THOSE BUFFERS.

FURTHERMORE, UM, A COUPLE OF THE STREAMS HAVE NOW BEEN IDENTIFIED AS INTERMITTENT. THIS WORK WAS DONE WELL AFTER WE SUBMITTED APPLICATION, BY THE WAY. IN THE FJB WATERSHED THAT WE'RE IN, BCAUSE WE WILL BE SOMEWHERE BETWEEN 24 AND 28% IMPERVIOUS SURFACE WE BELIEVE FOR THE PORJS AS A WHOLE, THAT MEANS THE INTERMITTENT STREAM BUFFERS WILL

GO UP T 100 FEET FROM THE NORMAL 50 FOOT BUFFER THAT WOULD BE REQUIRED. 100 FEET PLUS 100 FEET PLUS 10 FEET THERE WILL BE BUFFERS. >> SEEING THAT NO ONE ELSE WANTED TO SPEAK FROM THE GALLERY OR ZOOM, PUBLIC HEARING IS NOW CLOIZED. WE'RE NOW OPEN FOR COMMISSIONER DISCUSSION AND QUESTION.

COMMISSIONER CUTRIGHT. >> THANKS, CHAIR. MR. THOMAS, I THINK IT WAS, UM, HE DID A GOOD JOB SUMMARIZING, STATING THAT THERE ARE LOTS OF ISSUES, AND I THINK THE POINT IS THAT THIS IS COMPLICATED. UM, LAND USE HAS A LOT OF

STAKEHOLDERS, ENVIRONMENTAL, SCHOOLS, TRAFFIC, UM, THERE ARE A LOT O MOVING PARTS THAT GO ALONG WITH THIS, UM, AND A SINGLE DEVELOPMENT CAN'T SOLVE ALL THESE PROBLEMS, SO WHAT WE'RE TASKED WITH IS FIGURING OUT WHETHER THE EXISTING ZONING IS BETTER OR WORSE THAN THE PROPOSED ZONING. KEEPING IN MIND, IN THIS CASE IN PARTICULAR OR AT THIS TIME IN PARTICULAR THAT WE ARE IN THE MIDDLE OF A UDO REWRITE WHICH MR. JEWEL POINTED OUT. SO ONE THING I WILL SAY IS AS YOU THINK ABOUT ALL THESE THINGS AND THE ISSUES THAT ARE COMING UP AS WE'RE IN THE MIDDLE OF F A UDO REWRITE, I WOULD ASK OR HOPE THAT YOU'VE SPENT SOME TIME IN THAT PROCESS HOPEFULLY ADDRESSING SOME OF THESE ISSUES, RIGHT, AND SO AS DEVELOPERS ARE

COMING FORTH AND THEY'RE MEETING THE UDO REQUIREMENTS, THEY ARE UDO REQUIREMENTS, AND SO IT'S IMPORTANT TO NOTE THAT YOUR ISSUE IS WITH THE UDO REQUIREMENTS, NOT WITH THE DEVELOPERS THAT ARE MEETING THEM. I THINK WE SHOULD POINT THAT OUT AND MAKE SURE WE'RE CLEAR ABOUT HOW THAT PROCESS WORKS. UM, I THINK THE OTHER THING I'LL SAY IS AS WE THINK ABOUT TRAFFIC, UM, DURHAM IS CHANGING, RIGHT? IT'S GROWING RAPIDLY, A CHANGING CITY AND THIS IS WHAT HAPPENS WHEN CITIES CHANGE; IT WON'T BE THE SAME.

IT'S NOT THE SAME AS IT WAS 50 YEARS AGO AND IT'LL BE DIFFERENT 50 YEARS FRU FROM NOW AND A GROWING CITY HAS LOTS OF TRAFFIC. THERE ARE PROs AND CONs TO THAT. MORE TRAFFIC, I DON'T KNOW, D MORE CARS SLOW DOWN ON THAT ROAD? I DON'T KNOW IF THAT HELPS OR HURTS. THAT'S A CONSIDERATION THERE. I THINK THE OTHER THING I'LL JUST MENTION HERE IS, UM, WITH

THE UDO, THE PROPOSED UDO REWRITE AS MR. JEWEL POINTED OUT, THERE WILL BE THE OPPORTUNITY FOR A LOT MORE DENSITY WITHOUT AFFORDABLE HOUSING, AND I THINK THIS PRESENTS AN OPPORTUNITY TO CAPITALIZE ON SOME AFFORDABLE HOUSING, UM, YOU KNOW, IN THE SITUATION WHERE WE WOULDN'T HAVE THAT, OTHERWISE, UM, SO I'LL STOP THERE AND LET SOME OTHER PEOPLE STATE THEIR OPINIONS, UM, OR THOUGHTS ON THIS CASE, BUT, UM, IT'S COMPLICATED. >> ANYONE ELSE? COMMISSIONER HUYNH?

YES. >> THANK YOU, CHAIR. FIRST QUICK QUESTION FOR STAFF. ONE OF THE PUBLIC COMMENTERS SAID THAT UNDER THE NEW UD O O THE PROPERTY WOULD BE ZONED

SOMETHING DIFFERENT THAN WHAT MR. JEWELS SAID, IS THAT TRUE? >> YEAH, BO, PLANNING DEPARTMENT JUST OFFERING CLARITY. SO IN THE ORIGINAL MAP THAT WAS A PART OF THE PROPOSAL WHEN RELEASED ZONING DISTRICTS, THE AREA WAS SHOWN AS RD WITH A PORTION AS THE APPLICANT DID NOTE. SINCE THEN, WE HAVE MADE CHANGES TO THE PROPOSED MAP WHICH AS I THINK WE'RE ALL AWARE THERE WILL BE LOTS OF CHANGES THROUGHOUT THIS PROCESS AS WE CONTINUE TO RECEIVE FEEDBACK AND ENGAGEMENT AS DECISION MAKERS POUR THROUGH ALL THE INFORMATIONING THAT WE CONTINUE TO GATHER. ONE OF THE CHANGES THAT STAFF HAS MADE FAIRLY RECENTLY IS FOR THE PROPOSED RB ZONING DISTRICT THAT IS OUTSIDE CITY LIMITS, MANY OF THOSE AREAS WE'VE CHANGED THAT TO BE PROPOSED AS RB.

NOW THIS IS NOT NECESSARILY CONSISTENT WITH THE PLACE TYPE, WHICH IS LOOKS WHICH THE SITUATION HERE, BUT IT IS TO RECOGNIZE THE FACT THAT MANY OF THE RD THAT WAS MAPPED OUTSIDE OF CITY LIMITS WOULDN'T BE ABLE TO BE BULT AT THAT DENSITY WITHOUT UTILITIES, AND SO WE WERE CREATING A SITUATION WHERE THERE WAS A WHOLE LOT OF AREA THAT WOULD BE REZONED TO THIS DENSITY THAT WOULD NOT BE FEASIBLE AND THEN ULTIMATELY THERE WOULD BE REQUESTS FOR ANNEXATION IN THE FUTURE AND SO IT WAS A LITTLE LESS TRANSPARENT. DECIDED WE WOULD ADJUST THE PROPOSED ZONING MAP WITH THE RB WHICH OF COURSE WAS UNDERUTILIZED AT THAT TIME. AGAIN, THIS IS JUST, YOU KNOW, WE'RE STILL ENGAGING, CONTINUE COING FEEDBACK, WE'RE ONLY A QUARTER OF THE WAY THROUGH THE

PROCESS IN THE PRACTICE ITSELF, SO, THE APPLICANT WAS RIGHT IN TERMS OF REFERENCING THE ZONING DISTRICT THAT ALIGNS WITH THE PLACE-TYPE MAP AT THE AS WELL AS THE ORIGINAL PROPOSED MAP AND ALSO IT IS CURRENT THAT IF YOU LOOK AT THE [INDISCERNIBLE] THAT STAFF IS PUTTING OUT TO COMMUNITY THAT HAS BEEN AMENDED. NEITHER OF THOSE THINGS WERE INTENDED TO BE STATIC AS MUCH AS THE INFORMATION AT THAT TIME. DOES THAT CLARIFY? I KNOW IT'S A LITTLE BIT OF MOVING TARGET SO IT'S NOT INTENDED -- >> MORE CONFUSED.

>> YEAH, UH, THE RD DISTRICT WAS APPLIED TO THIS PARTICULAR PLACE TYPE AS THAT WAS WHAT WAS MOST CONSISTENT. >> THANKS. A FEW QUESTIONS FOR THE

APPLICANT. FIRST ONE IS JUST WANT TO CLARIFY SOMETHING YOU SAID. SO Y'ALL ARE COMMITTING TO ALL OF THE TRAFFIC IMPROVEMENTS FROM THE TIA INCLUDING ALL THE TRAFFIC SIGNALS THAT WOULD BE NEEDED AND ALL THAT GOOD STUFF? >> I MAY ASK MS.

THOMAS TO GET UP AND CLARIFY BAA WE HAVE A DOZEN IMPROVEMENTS THAT ARE PART OF THESE TEXT COMMITMENTS. SOME OF THOSE IMPROVEMENTS ARE SOLELY ON TIS PROJECT. SOME OF THOSE IMPROVEMENTS MAY ALREADY BE ATTACHED TO SOME OTHER ZONINGS THAT HAVE BEEN IN SPLICE THAT WOULD THEN BECOME A FIRST-COME-FIRST-SERVE OR GET DEVELOPERS TO WORK TOGETHER WHICH WE OFTEN HOPE WILL HAPPEN IN THE SIGNALLIZATION, WE WILL BE RESPONSIBLE FOR SIGNALLIZATION IF AND ONCE THE WARRANTS EXIST AND THOSE ARE DETERMINED BY NCDOT. PERHAPS MS. THOMAS CAN CLARIFY

THAT. >> EARL THOMAS, TRANSPORTATION. SHORT ANSWER TO YOUR QUESTION IS, YES, THEY ARE COMMITTING TO ALL ROAD IMPROVEMENTS. AND THERE ARE SOME THAT ARE ALSO REQUIRED OF OTHER DEVELOPMENTS AND WHOEVER GET THERE FIRST WILL BE REQUIRED TO BUILD PRIOR TO GETTING CERTIFICATE OF OCCUPANCIES.

I DO WANT TO NOTE FOR THE RECORD THAT THE IMPROVEMENTS AT NC 98 AND OLIVE BRANCH ROAD HAVE ALREADY BEEN COMPLETED BY ANOTHER DEVELOPMENT, SO STAFF WOULD RECOMMEND REMOVING THOSE AS TEXT COMMITMENTS. THEY'RE NO LONGER NEEDED OR APPLICABLE. AND AS FAR AS THE SIGNALS GO, UM, MR. JEWEL IS CORRECT.

THERE STILL WOULD NEED TO BE A SIGNAL WARRANT ANALYSIS DONE AT THE TIME OF SITE PLAN TO THE SEE IF THE SIGNALS IF WARRANTS ARE MET. THEY HAVE TO MEET CERTAIN ESTABLISHED THRESHOLDS FOR THE INSTALLATION OF THE SIGNAL. >> WOULD A SIMILAR PROCESS HAPPEN FOR THE ROAD WIDENING CONDITIONS AS WELL?

>> SO THOSE WOULD BE REQUIRED, BUT AT THE TIME OF SITE PLAN, THEY WOULD LIKELY SUBMIT A TRAFFIC PHASING ANALYSIS TO SHOW US WHAT NUMBER OF COs THEY CAN DO PRIOR TO NEEDING THAT ROAD IML PROVMENT AND THEN THEY WOULD BE PHASED WITH A DEVELOPMENT AS IT'S BUILT OUT. >> THANK YOU. A FEW OTHER QUESTIONS. SO YOU MENTIONED THE NEW PROFFER TO BUILD THE GREENWAY, BUT I SEE YOU'RE NOT MEETING, LIKE, POLICY 83, 85, 79, 81, ALL OF WHICH SEEMS LIKE YOU WOULD MEET IF YOU COMMITTED TO PRESERVING THAT LITTLE NATURAL HERITAGE SITE PART I THINK IT'S ON THE SOUTHERN PORTION OF THE SITE. I SAW YOUR REASONING IN THE PACKET WAS YOU DON'T WANT TO COMMIT TO A SPECIFIC SPOT YET BUT IF YOU ALREADY KNOW WHERE YOU'RE GOING TO BE BUILDING THIS GREENWAY TRAIL, WHY CAN'T YOU KNOW WHERE THAT SPACE WOULD BE? >> SO WE KNOW WHERE WE'RE BUILDING THE GREENWAY TRAIL BECAUSE THRE IS AN ADOPTED GREENWAY MASTER PLAN, IT'S

ACTUALLY A LAYER ON THE DURHAM GIS MAP, SO WE KNOW WHERE THAT WILL GO. UM, THE INVENTORY AREA, THE OPEN SPACE AREA IS A VERY COARSE MAP, BUT WE'VE LOOKED AT IT, AND IT IS BASED ON STREAM BUFFERS AND POTENTIALLY SOME FLOODPLAIN AREAS DOWN IN THE SOUTHWEST CORNER OF THE SITE, OKAY, OVERLAYING THE MAP THAT ONE OF THE SPEAKERS SHOWED WITH THE FLOOT PLAIN MAP, IT PRETTY MUCH COINCIDES WITH THAT AND DURHAM DOES NOT LIKE DEVELOPING IN THE FLOODPLAIN SO WE COULDN'T. THAT AREA WILL BE PRESERVED AND PROTECTED IN THAT DEVELOPMENT AND WE CAN COMMIT THAT WE WILL NOT BE BUILDING WITHIN THAT FLOODPLAIN OR STREAM BUFFER DOWN THERE. THAT'S A UDO REQUIREMENT. >> ONE LAST QUICK QUESTION IF I CAN, CHAIR?

>> YES. >> THANK YOU. GIVEN THE SITE PROXIMITY TO FALLS LAKE AND WITH ALL THE STREAMS OF WHATEVER CLASSIFICATION ON-SITE WOULD Y'ALL BE OPN TO A HIGHER STORMWATER STANDARD THAN THE CURRENT UDO REQUIREMENT OF THE 10-YEAR STORM? >> WE HASN'T HADN'T REALLY THOUGHT ABOUT THAT.

WE ORIGINALLY HAD A TEXT COMMITMENT FOR DOUBLE ROW SILT FENCE. SINCE THEN IT WAS SUCH A GOOD IDEA THAT IT'S NOW ADOPTED AS THE UDO AS A REQUIREMENT SO I THINK YOU CAN SAVE SOME OF THE NEIGHBORS FOR THAT. THE OTHER THING THAT'S HAPPENED IN THE LAST YEAR AND MR. CAIN CAN CAN CLARIFY THIS, THERE'S BEEN A PRETTY ROBUST CHANGE TO THE PHASING AND GRADING IN THE WAY DEVELOPMENT COULD BE DONE THAT DID NOT EXIST WHEN THIS APPLICATION -- CAUSED A LOT OF CONSTERNATION AMONG FOLKS THAT BUILD MORE THAN 20-30 HOMES AT A TIME BUT ESSENTIALLY IT SAYS YU CAN ONLY OPEN UP SO MUCH OF YOUR

SITE AT A TIME BEFORE YOU FINISH IT, PAVE IT, GRASS IT, SEED IT, STABILIZE IT BEFORE YOU CAN MOVE ON TO THE NEXT PHASE. I AM CERTAIN THAT THAT PRETTY STRONG ORDINANCE CHANGE ALSO CAME OUT OF THE A LOT OF THE INPUT YOU GOT FROM THE PRESERVE RURAL DURHAM FOLKS. AARON MAY WANT TO CLARIFY JUST A LITTLE BIT. THAT POINT I WOULD HAVE TO SAY WE CAN'T COMMIT TO A STRONGER STORMWATER REQUIREMENT, BUT WE THINK THERE ARE ALREADY THINGS IN PLACE INCLUDING THIS ORDINANCE CHANGE THAT MORE THAN MAKE UP FOR THAT.

>> YEAH, I MEAN I CAN JUST QUICKLY CLARIFY. DON'T KNOW THE NUMBERS OFF THE TOP OF MY HEAD NECESSARILY, BUT YES THERE ARE NOW LIMITS TO HOW MUCH CAN BE GRADED AND PHASED AT ONE TIME OR ELSE YOU TRIGGER A THAT NOBODY GENERALLY IN THE ENT DEVELOPMENT COMMUNITY WANTS TO DO BECAUSE IT TAKES AWAY A LARGER PORTION OF THEIR SITE. I DID WANT TO, DAN, WAS THAT A COMMITMENT YOU WERE MAKING TO

NOT DEVELOPING THE FLOODPLAIN. I JUST WANTED TO MAKE SURE I HEARD THAT CORRECTLY. >> ABSOLUTELY. I'M ON RECORD WITH THAT.

>> EXCELLENT. THANK YOU. >> I UH THINK I'M OUT OF TIME. >> COMMISSIONER WOUK.

>> THANK YOU. SO THANK YOU FOR THAT COMMITMENT BECAUSE THAT WAS MY FIRST QUESTION. UM, AND I JUST HAVE POLICY 101, UM, COMMITS TO NATIVE MRAND PLANTINGS. SO ME THAT'S SUCH LOW-HANGING FRUIT; SO I'M CURIOUS AS TO WHY THAT THAT IS NOT COMMITTED TO.

>> THAT'S AN EXCELLENT QUESTION. IT COMES UP A LOT AND IT DOESN'T JUST COME UP IN DURHAM. WE HAD IT IN ORANGE COUNTY. WE WILL ALWAYS ENDEAVOR TO DO AS MUCH NATIVE PLANT MATERIAL AS WE CAN. UM, I WAS INVOLVED A COUPLE YEARS AGO IN REWRITING THE DURHAM PLANTING ORDINANCE

GUIDELINES SECTION OF THE ORDINANCE, AND THERE WERE A LOT OF NATIVE PLANT MATERIALS THAT ARE ALLOWED IN THAT, BUT ONE OF THE BIGGEST REASONS IS, THERE IS STILL NOT A ROBUST DEPENDABLE SUPPLY OF NATIVE PLANT MATERIAL OF THE SIZE THAT THE ORDINANCE ACTUALLY REQUIRES US TO PLANT. SO IN OTHER WORDS, IT SAYS WE HAVE TO PLANT A THOUSAND THREE GALLON SHRUBS AND FIVE HUNDRED TWO-AND-A-HALF INCH CALIBER TREES AND THAT SORT OF THING. SO THOSE NATIVE PLANT MATERIALS ARE NOT ALWAYS AVAILABLE TO DO THAT BECAUSE THE NURSERY INDUSTRY IN NORTH CAROLINA -- AND WE HATE GOING OUT OF STATE -- THE NURSERY INDUSTRY IN NORTH CAROLINA HAS NOT QUITE CAUGHT UP TO THE INTEREST IN PROVIDING THOSE, SO WE'LL PROVIDE THEM IN AS MANY WAYS AS WE CAN, BUT WE CAN'T COMMIT TO

PROVIDING ALL NATIVE PLANT MATERIALS, BUT GREAT QUESTION. IT COMES UP ALL THE TIME. >> ANY OTHER QUESTIONS? VICE CHAIR CHAGARIS.

>> YEAH, I GUESS I'M GOING TO HAVE TO GET SOME CLARIFICATION FROM STAFF. WHAT'S THE EXACT DIFFERENCE BETWEEN THE RB AND THE RD? DENSITY. >> BO DOBRZENSKI, PLANNING.

I DON'T HAVE TE PROPOSED ORDINANCE IN FRONT OF ME, BUT THE RD DOES ALLOW FOR FIVE THOUSAND SQARE FOOT LOTS WHEREAS THE RB IS MORE TRADITIONAL, MORE SUBURBAN LARGE LOT SUBDIVISION. KI PROVIDE YOU WITH THOSE DIMENSIONS BUT SIGNIFICANTLY LARGER. >> SO THE RB WOULD BE CLOSER TO

AS A BY-RIGHT THAN WHAT IT CURRENTLY IS VERSUS WHAT THEY'RE PROPOSING THEY CHANGE IT TO? AND THE PROPOSED ZONING CHANGE NOW WOULD BE MORE ALIGNED WITH RD? >> THAT'S CORRECT. YES.

>> OKAY. AND QUESTION, SO YOU'VE MADE COMMITMENT TO NOT DEVELOP I THE FLOODPLAIN, SO IS THAT FLOODPLAIN AREA EXACTLY THE SAME AMOUNT AS WHAT'S MARKED ON THERE AS RECREATION AND OPEN SPACE? >> I DON'T KNOW THAT I CAN SNEAK IT'S EXACTLY, BUT THE RECREATION AND OPEN SPACE IS MIRRORED TO MATCH THE FLOODPLAIN THAT WE HAD THE BEST KNOWLEDGE OF OR BEST INFORMATION ON. SO FOR OUR PRACTICALITY STANDPOINT, YES, THE RECREATION AND OPEN SPACE IS MAPPED TO THE

FLOODPLAIN AREA. >> SO IF IT'S NOT, COULD WE GET A COMMITMENT FROM THE APPLICANT TO PRESERVE ALL OF THE RECREATION AND OPEN SPACE, NOT JUST THE PART OF IT THAT'S THE FLOODPLAIN? I MEAN IT MIGHT BE LIKE WHAT >> AGAIN, WE'LL COMMIT TO PRESERVING THE RECREATION AND OPEN SPACE THAT'S IN THE STREAM BUFFER DOWN IN THAT CORNER AND THE FLOODPLAIN. THE MAPS THAT WERE PULLED UP ARE SO COARSE, I MEAN, WE SOMETIMES GET BIOLOGISTS TO GO OUT AND LOOK AT THOSE AN THEY SAY THE LINE IS TWO HUNDRED FEET THIS WAY OR THAT WAY BUT FOR THE TIME BEING WHAT WE CAN COMMIT TO IS THE FLOODPLAIN AND THE STREAM BUFFER AND THAT STREAM BUFFERS IN THAT AREA WILL BE PRESERVED AND OF COURSE WILL BE PART OF THE OPEN SPACE AND PRESERVATION AND ALL THE GOOD STUFF THAT GOES ALONG WITH THAT. >> AND IF THIS PROJECT DOESN'T OCCUR UNTIL AFTER THE UDO PASSES, A CMMITMENT TO STAND BY THE RB AND NOT THE RD?

>> CAN'T DO THAT. I THINK THERE'S A LOT OF COMPLEXITY ABOUT THAT THAT NEEDS TO BE DISCUSSED. BO DOBRZENSKI BROUGHT UP THAT IT'S A MATTER O OF IT HASN'T BEEN ANNEXED AND UTILITIES AVAILABLE VERSUS NOT ANNEXED? THIS IS FLUID.

IT SURPRISED ME THAT THE MAP ONLINE SAYS R SDOSHGS WE'RE PROBABLY NOT DONE YET. >> I WAS LIKE TO CLARIFY THAT IF THERE'S IF THE APPLICANT IS COMMITTING TO PRESERVING OF COURSE WOULD HAVE TO PRESERVE THE STREAM BUFFER PER THE UDO, AND IF THEY'RE COMMITTING TO NOT DEVELOPING THE FLOODPLAIN STAFF WOULD INTERPRET THAT AS NOT BUILDING IN THE ROS AREA EVEN THOUGH WHEN YOU DO FIELD STUDY THE LINE MAY BE LITTLE OFF, WE WOULD CONSIDER THAT ONE IN THE SAME. >> OKAY. THANK YOU. >> QUESTIONS?

I HAVE A QUESTION FOR THE APPLICANT. SO AT THIS TIME, YOU CAN'T SAY YOU DO KNOW, YOU DON'T HAVE ANY IDEA WHAT THE NON-RESIDENTIAL DEVELOPMENT WILL BE ON THE SITE? >> NO. OTHER THAN IT WILL BE 12,000 SQUARE FEET AND WHERE IT WILL BE LOCATED THAT'S ACTUALLY CALLED OUT RELATIVE TO A PARCEL NUMBER AND THAT SORT OF THING, SO, UM, WE'D LIKE IT TO BE SOMETHING LIKE A DAY CARE CENTER OR A SMALL BUNCH OF LOCAL SHOS, COFFEE, THAT SORT OF THING THAT WOULD COME IN THERE.

IF ANYBODY THAT HAS IDEA FOR A BUSINESS AND WOULD LIKE TO RENT SOME SPACE, WE WILL BE HAPPY TO TALK TO THEM TOMORROW, BUT WE'VE KIND OF LEFT THAT OPEN A LITTLE BIT. >> OKAY. AND I HEARD THAT BLASTING WAS A CONCERN; WILL BLASTING TAKE PLACE ON THIS SITE? >> WE DON'T KNOW.

BLASTING IS A OUTCOME OF ROCK. THE NEIGHBORS SAY THERE'S PROBABLY ROCK OUT THERE BECAUSE THERE'S BEEN BLASTING AROUND THERE, AND THAT SORT OF THING. WHAT WE HAVE TALKED ABOUT PLEDGING AND I'M HAPPY TO DO THIS, I'VE ALREADY TALKED TO THE CLIENTS ABOUT THIS IS IF ANY DAMAGE TO ADJACENT PROPERTIES CAN BE CONNECTED TO BLASTING ON THIS PROPERTY, IT WOULD BE THE RESPONSIBILITY OF THE DEVELOPER TO MAKE PEOPLE WHOLE, TO REPAIR THOSE DAMAGES, DRILL THEM A NEW WELL, WHATEVER WOULD BE DONE BECAUSE I THINK THIS WAS THE BIGGEST -- IT'S BEEN THE BIGst CONCERN IN THE NEIGHBORHOOD OVER THE YEARS IS WELLS NOT WORKING AFTER BLASTING. WE'RE HAPPY TO MAKE THAT AS A COMMITMENT. S SITE YET? THOSE WILL BE DONE ONCE WE HAVE BUILDING LOCATIONS AND WE KNOW

WHERE THE DEEP UTILITIES ARE GOING TO BE. >> I HAVE CONCERNING THE TRAFFIC CONCERNS OF THE CITIZENS, MAYBE THIS IS FOR EARLENE. SO IF 98 IS STILL CONSIDERED A HIGHWAY AND THE SPEED LIMIT'S 55, WHAT WOULD HAVE TO OCCUR -- DO YOU HAVE TO PETITION NCDOT TO LOWER THE SPEED LIMIT AND NOT CONSIDER THAT A HIGHWAY SO THESE PEOPLE CAN JUST -- I MEAN DURING RUSH HOUR THEY'RE NOT GOING FAST ANYWAY BUT MAKING A 30 HR 40 ALL THE TIME AND THAT WOULD HELP PREVENT SOME OF THESE ACCIDENTS? WHAT'S THE PROCESS FOR THAT?

>> EARL THOMAS, TRANSPORTATION. NCDOT WOULD HAVE TO BE PETITIONED FOR SPEED REDUCTION AND THEY WOULD DO A STUDY EVALUATION AND MAKE THE DECISION ON WHETHER OR NOT TO LOWER THE SPEED LIMIT. >> THNK YOU.

>> I HAVE A QUESTION IN REGARDS TO THE PETITION. WHO WOULD START THE PETITION? WOULD IT BE COMMUNITY, CITY? >> EARLENE THOMAS, AGAIN, TRANSPORTATION. YES, ANYONE COULD MAKE THAT REQUEST PETITION AND OBVIOUSLY THE NCDOT WOULD COORDINATE WITH THE CITY ON SECTIONS WITHIN THE CITY LIMITS. >> ALL RIGHTY.

UM, COMMISSIONERS, ARE WE READY TO MOVE THIS CASE FORWARD? MAY I HAVE A MOTION? >> Z 2300011 ANNEXATION BDG 2300007 HOWARD PROPERTIES I MAKE A MOTION WE MOVE THIS CASE FORWARD TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION. >> SECOND.

>> IT'S BEEN MOVED BY COMMISSIONER CUTRIGHT; SECONDED BY COMMISSIONER WILLIAMS TO MOVE CASE Z2300011-BDG2300007, HOWARD PROPERTY FORWARD WITH A FAVORABLE RECOMMENDATION. MAY I HAVE THE ROLL CALL VOTE, PLEASE? [ROLL CALL VOTE].

>> MOTION PASSES 7-1. >> THANK YOU. WE'RE NOW MOVING ON TO CASE Z 2400013, 1202 E ELLIS ROAD. MAY WE HAVE THE STAFF REPORT, PLEASE? CAN YOU GIVE US ONE SECOND?

>> HELLO AGAIN. I'M PEYTON BURGESS HERE TO PRESENT 2. Z2400013 - 1202 ELLIS ROAD. THE FOLLOWING INFORMATION SUMMARIZES THE APPLICATION.

THE CURRENT ZONING IS RR AND THE PROPOSED ZONING IS RS-M WITH DEVELOPMENT PLAN. THE EXISTING PLACE-TYPE MAP IS RESIDENTIAL NEIGHBORHOOD. THE EXISTING ZONING IS RURAL RESIDENTIAL. 870.

THE AERIAL MAP SHOWS THE GENERAL LOCATION OF THE PROJECT. 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. THE APPLICANT HAS INCLUDED TEXT COMMITMENTS INCLUDING: RIGHT IN/RIGHT OUT ACCESS TO ELLIS ROAD WITH CONCRETE ISLAND. TEN-FOOT SHARED PATH FOR THE

SITE FRONTAGE. ACCESS TO RIDDLE ROAD WILL BE AS FAR FROM RIDDLE ROAD/ELLIS ROAD INTERSECTION AS POSSIBLE AND HAVE A WESTBOUND LEFT TURN LANE. DEDICATION OF ADDITIONAL TEN FEET OF RIGHT-OF-WAY FOR THE FRONTAGE OF THE SITE ALONG RIDDLE ROAD. TWO NEIGHBORHOOD MEETINGS WERE HELD IN ACCORDANCE WITH UDO REQUIREMENTS.

ONE WAS HELD ON JANUARY 3, 2024, AND HAD NINE COMMUNITY MEMBERS IN ATTENDANCE. THE SECOND WAS HELD ON DECEMBER 11, 2024, AND HAD TWO COMMUNITY MEMBERS IN ATTENDANCE. NO DURHAM REZONING EXPLORER COMMENTS WERE RECEIVED IN RELATION TO THIS CASE. THE PROPOSAL IS CONSISTENT WITH THE EXISTING PLACE TYPE MAP DESIGNATION, AND IT IS ALSO CONSISTENT WITH 13 OR 22 APPLICABLE COMPREHENSIVE PLAN POLICIES.

STAFF AND THE APPLICANT ARE AVAILABLE TO ANSWER ANY QUESTIONS. >> THANK YOU. AT THIS TIME, THE CHAIR IS OPENING THE PUBLIC HEARING. MAY WE HAVE THE APPLICANT REPORT?

>> HELLO. DANIEL JEWELL, LANDSCAPE ARCHITECT WITH THOMAS & HUTTON, 2510 MERIDIAN PARKWAY. BACK HERE WITH A PROJECT AT THE OPPOSITE END OF THE SPECTRUM THAT UH YOU HEARD FIRST. THIS IS A VERY MODEST REQUEST TO REZONE A PIECE OF PROPERTY THAT'S CURRENTLY ZONED R I CAN ONLY IMAGINE A REMNANT ZONE FOM YEARS AGO WHEN THIS WAS LITTLE LESS-DEVELOPED AREA.

YOU NOTICED FROM THE MAP THAT WAS PULLED UP THAT WE NOW HAVE TOWNHOUSE COMMUNITIES ACROSS THE STREET. THIS IS A FAIRLY RAPIDLY-GROWING AREA. AND AGAIN IN KEEPING WITH THE GOALS OF THE COMP PLAN TO CREATE MORE HOUSING OPPORTUNITIES IN APPROPRIATE LOCATIONS, THE COMP PLAN NOW UH SHOWS THIS SITE IN THIS NEIGHBORHOOD TO BE A MIXED RESIDENTIAL NEIGHBORHOOD RATHER THAN A LOW DENSITY, ONE UNIT PER

30,000 SQUARE FEET, SINGLE FAMILY NEIGHBORHOOD THAT IT IS TODAY. AND THAT'S WHAT WE'RE PROPOSING. WE ARE COMMITTING TO ONLY DOING SINGLE FAMILY HOMES AND DUPLEXES. THESE WILL BE SMALL SNGLE FAMILY HOMES.

LIKELY THERE'LL BE SOME OF THESE USING SMALL LOT OPTIONS, DUPLEXES THAT SORT OF THING. IT'S DOUBTFUL WE CAN GET UP TO 20 HOMES ON THIS SMALL PIECE OF PROPERTY, BUT THAT'S WHAT THE RS-M DISTRICT ALLOWS AT THIS DENSITY. SO, UM, WE AGAIN, WE HAPPILY WILL INCORPORATE THE REQUESTS FOR THE SIDE PATH, RIGHT-OF-WAY DEDICATION, DRIVEWAY RESTRICTIONS THAT WERE REQUESTED BY VARIOUS STAFF DEPARTMENTS AND WE LOOK FORWARD -- I WILL SAY THAT THE PROPERTY OWNERS ARE ACTUALLY THE GOING TO BE THE

DEVELOPERS O OF THIS. THIS THIS IS NOT A SPECULATIVE VENTURE WHERE SOMEBODY HAS UNDER CONTRACT AND THEN THEY'LL FLIP IT. THESE ARE LOCAL PEOPLE THAT HAVE BEEN IN DURHAM FR VERY, VERY LONG TIME AND THEY JUST THINK IT'S TIME TO LOOK AT THIS CORNER AND PUT SOME MORE HOUSING HERE THAN COULD BE DONE TODAY. SO THAT IS THE END OF MY VERY BRIEF PRESENTATION, AND I'M HAPPY TO ANSWER ANY QUESTIONS AND HOPE WITH THIS SIMPLE APPLICATION YOU CAN SEE TO MOVE IT FORWARD WITH A POSITIVE RECOMMENDATION TO THE CITY COUNCIL.

SO THANK YO. >> THANK YOU. IS THERE ANYONE IN THE GALLERY WISHING TO SPEAK? IS THERE ANYONE ON ZOOM WISHING TO SPEAK ON TIS CASE? HEARING NONE, THE PUBLIC HEARING IS NOW CLOSED, AND WE ARE NOW OPEN FOR COMMISSIONER DISCUSSION AND QUESTIONS. COMMISSIONER WOUK.

>> I HAVE THE SAME QUESTION FOR THIS PARCEL AND I FEEL LIKE YOU'RE REASONING FOR NOT COMMITTING TO NATIVE PLANTINGS ON THE PREVIOUS ONE, THIS IS A VERY SMALL PROJECT I FEEL CERTAIN THERE ARE ENOUGH NATIVES LOCALLY TO ACCOMMODATE THAT PARTICULAR COMPREHENSIVE PLAN POLICY. >> YOU'RE RIGHT. SO I THINK WE'D BE HAPPY TO COMMIT TO THE REQUIRED PLANTING BEING DONE WITH NATIVE PLANT MATERIALS. I THINK A THIS TIME IT WOULD BE LIMITED TO STREET TREES, OKAY, BUT I KNOW THERE'S AT LEAST A DOZEN STREET STREES OUT THERE SOMEWHERE THAT ARE NATIVE PLANT DERLS SO HAPPY TO DO THAT -- PLANT MATERIALS, SO HAPPY TO DO THAT.

>> THANK YOU. >> ANY OTHER QUESTIONS? ARE WE READY TO MOVE THIS CASE FORWARD? MAY I HAVE A MOTION PLEASE? >> CHAIR, AS IT RELATED TO Z

2400013, 1202 ELLIS ROADS I MAKE A MOTION WE SEND THIS CASE FORWARD WITH A ASSOCIATED PROFFER TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION. >> SECOND. >> IT'S BEEN MOVED AND SECONDED -- WHO DID THAT THIS TIME? NOT YOU.

[LAUGHTER] I'M SORRY, IT'S BEEN MOVED BY COMMISSIONER CUT ROOIKT AND SECONDED BY COMMISSIONER HUYNH TO MOVE CASE Z2400013, 1202 ELLIS ROAD FORWARD WITH A FAVORABLE RECOMMENDATION MAY I HAVE ROLL CALL PLEASE? [ROLL CLL VOTE SNCHLTDZ. [ROLL CALL VOTE].

>> MOTION PASSES 8-0. >> THANK YOU. NEXT WE HAVE 4. Z2400021 - STRAUSS DRIVE TOWNHOUSES.

>> THANK YOU. I AM ANDY LESTER FROM THE PLANNING DEPARTMENT TO PRESENT STRAUSS DRIVE TOWNHOUSES, CASE Z2400021. THE LOCATION IS SIX PARCELS OF LAND ON STRAUSS DRIVE. IT'S TURNLY -- CURRENTLY WITHIN THE CITY.

49 ACRES. RS-20 AND COMMERCIAL CENTER. APPLICANT PROPOSED UP TO 95

TOWNHOUSES, DETACH ED ROWHOUSE, MULTIPLEX, OR APARTMENT UNITS IN THE RS-M(D) PORTION OF THE SITE. THE CC(D) THAT INCLUDES STRAUSS DRIVE WOULD PERMIT THE EXISTING BUSINESSES THAT FRONT THE EAST SIDE OF STRAUSS DRIVE AND THE NEW RESIDENTIAL DEVELOPMENT TO UTILIZE THE PRIVATE STREET. THE EXISTING ZONING IS RESIDENTIAL SUBURBAN-20 AND COMMERCIAL CENTER. THE PROPOSED ZONING IS RESIDENTIAL SUBURBAN-MULTIFAMILY WITH A GRAPHIC DEVELOPMENT PLAN AND COMMERCIAL CENTER WITH A GRAPHIC DEVELOPMENT PLAN.

SURROUND THE SITE IS RS-20, COMMERCIAL CENTER AND INDUSTRIAL. THE CURRENT PLACE TYPE DESIGNATION FOR THE SITE IS TRANSIT OPPORTUNITY AREA. THE PROPOSAL IS GENERALLY CONSISTENT WITH THE PLACE TYPE AND NO CHANGE TO THE PLACE TYPE MAP WOULD BE NEEDED. THE AERIAL MAP SHOWS THE GENERAL LOCATION OF THE PROJECT.

IT IS GENERALLY LOCATED AT THE SOUTHWEST QUADRANT OF THE MIAMI BLVD AND ANGIER AVENUE. TO THE WEST ARE SINGLE-FAMILY RESIDENCES. TO THE SOUTH IS BETHESDA BAPTIST CHURCH. TO THE EAST AND NORTH ARE COMMERCIAL ESTABLISHMENTS.

HERE IS A LIST OF NOTABLE COMMITMENTS TROUGH GRAPHIC AND TEXT COMMITMENTS. 5% INCOME RESTRICT UNITS AT 80% AMI FOR A 30 YEAR PERIOD. 70% IMPERVIOUS SURFACE. ALL NEW TREES PLANTED SHALL BE NATIVE.

$5,000 TO DURHAM PUBLIC SCHOOLS. THE PROPOSAL ILLUSTRATES TWO ACCESS POINTS AT THE EXISTING CONNECTIONS OF STRAUSS DRIVE AT ANGIER AVENUE AND MIAMI BOULEVARD. NO CONNECTION IS PROPOSED FOR MAY DRIVE. -- MARLEY DRIVE.

STRAUSS DRIVE IS A PRIVATE STREET AND IS THE ONLY PORTION OF THE PROPOSAL ZONED CG(D). WITHIN THE RS-M(D) PORTION OF THE SITE, 95 RESIDENTIAL UNITS WOULD BE LOCATED. THE PROPOSED BUILDING AND PARKING ENVELOPE IS PROPOSED OUTSIDE OF THE RIPARIAN STREAM BUFFERS BUT DOES IMPACT SOME STEEP SLOPES. TREE PRESERVATION IS PROPOSED ON THE SOUTHERN PORTION OF THE SITE, WITHIN AND OUTSIDE OF THE

STREAM BUFFERS. A NEIGHBORHOOD MEETING WAS HELD IN ACCORDANCE WITH UDO REQUIREMENTS ON APRIL 3, 2024. SEVEN COMMUNITY MEMBERS WERE IN ATTENDANCE. A MEETING WAS ALSO HELD JANUARY 16, 2025.

TWO COMMUNITY MEMBERS WERE IN ATTENDANCE. THERE ARE CURRENTLY NO COMMENTS FOR THIS PROPOSAL ON THE DURHAM REZONING EXPLORE. THE PROPOSAL IS CONSISTENT WITH 19 OF 24 APPLICABLE POLICIES OF THE COMPREHENSIVE PLAN. THE PROPOSAL IS GENERALLY CONSISTENT WITH THE PLACE TYPE MAP DESIGNATION OF TRANSIT OPPORTUNITY AREA.

STAFF AND THE APPLICANT ARE AVAILABLE TO ANSWER ANY QUESTIONS. >> THANK YOU. AT THIS TIME THE CHAIR IS OPENING THE THE PUBLIC HEARING. MAY WE HAVE A APPLICANT COME FORWARD, PLEASE?

>> GOOD EVENING. MARIE FARMER WITH PARKER PO AT 301 FAYETTEVILLE STREET, RALEIGH HERE ON BEHALF OF THE APPLICANT, PROFIT DIXON. THE TEAM IS PROUD TO OFFER THIS WHICH OFFERS A NEW HOUSING TIME TO EXISTING FOOD AND RETAIL, A PUBLIC PARK AND TRANSIT WITH ENVIRONMENTAL AND INCOME RESTRICTED UNIT COMMITMENTS. THIS REQUEST IS TO REZONE 6 PARCELS ALONG STRAUSS DRIVE AT THE INTERSECTION OF ANGIER AND SOUTH MIAMI THAT ARE CURRENTLY VACANT COMMERCIAL. THE TOTAL ACREAGE IS A LITTLE GRAPHIC DEVELOPMENT PLAN THAT YOU JUST SAW SHOWS, THE ACTUAL DEVELOPABLE ACHE VAJ MUCH SMALLER BECAUSE OF THE STREAM BUFFER AND TREE PRESERVATION ON THE SOUTHERN PORTION OF THE SITE. THE CURRENT ZONING ON THE SITE IS COMMERCIAL CENTER AND THE ZONING WE ARE REQUEST IS IS RESIDENTIAL SUBURBAN MULTIFAMILY

WHICH ALLOW FOR A TWNHOME DEVELOPMENT. THE REQUEST ALSO INCLUDES COMMERCIAL CENTER BECAUSE WE INCLUDED STRAUSS DRIVE EXISTING PRIVATE DRIVE ON THE DEVELOPMENT PLAN WHICH CHANGES THE ZONING FROM COMMERCIAL CENTER TO COMMERCIAL CENTER WITH A DEVELOPMENT PLAN. BUT OTHERWISE, THERE'S NO PROPOSED CHANGE TO THAT PARCEL AS IT WILL CONTINUE TO SERVE AS ACCESS FOR THIS SITE. THE PLACE-TYPE MAP DESIGNATION IS TRANSIT OPPORTUNITY AREA, WHICH DESCRIBES MODERATELY SIZED PLACES FOUND THROUGHOUT THE COMMUNITY AT THE JUNCTION OF MAJOR TRANSIT STOPS IMPORTANT FOR CONNECTING NEIGHBORHOODS TO TRANSIT SERVICE.

THE DESIGN OF THESE AREAS SHOULD INCLUDE BUILDINGS LOCATED CLOSE TOGETHER WITH A MIX OF USES, EASY ACCESS TO STREET AND DESIGNED TO SERVE THE DAILY NEEDS OF RESIDENTS. DEVELOPMENT OF NEW TOAs SHOULD SEEK TO FIND SPACES ALREADY SERVED BY TRANSIT FILLING IN VACANT LOTS OR PARKING LOTS AND PROTECTING NATURAL SPACES THAT PRESERVE ENVIRONMENTAL RESOURCES. OUR REQUEST MEETS THE TOA

DESIGNATION BECAUSE WE'RE PROPOSING A NEW RESIDENTIAL USE IMMEDIATELY ADJACENT TO COMMERCIAL USES WITH UNITS CLOSE TO AND FRONTING THE STREET, A PEDESTRIAN CROSS TWUK EXISTING TRANSIT ON ANGIER ALL WHILE PROTECTING THE MOST ENVIRONMENTALLY SENSITIVE PORTIONS OF THE SITE BY CLUSTERING THE BUILDING TO THE NORTH, REDUCING PERMITTED IMPERVIOUS SURFACE AND PROVIDING SO AS I'D MENTIONED PREVIOUSLY AND AS YOU HAD SEEN EARLIER FOM ANDY, WE PREPARED AND SUBMITTED A GRAPHIC DEVELOPMENT PLAN WITH OUR APPLICATION THAT INCLUDES A NUMBER OF GRAPHIC AND TEXT COMMITMENTS THAT EXCEED THE UDO REQUIREMENTS. SO BECAUSE WE ARE LOCATED OUTSIDE OF THE WATERSHED, 100% IMPERVIOUS IS PERMITTED HERE. WE'VE REDUCED THAT TO 70%. 20% TREE PRESERVATION REQUIRED, WE'RE COMMITTING TO 25%. AND BECAUSE OF RECENT CHANGES TO THE UDO, THERE ARE NO LONGER BUFFERS REQUIRED BETWEEN PROPOSED USES THAT ARE THE SAME,

SO RESIDENTIAL NEXTED TO RESIDENTIAL, BUT BECAUSE OF FEEDBACK WE RECEIVED FROM NEIGHBORS DURING OUR MEETING, WE HAVE COMMITTED TO A BUFFER THAT BUFFER A THAT YOU SEE AT THE TOP IN GREEN FOR OUR NEIGHBORS ON MARILEE DRIVE AND ANGER AVENUE AT THEIR REQUEST. WE ALSO HAVE A NUMBER OF KEY TEXT COMMITMENTS. WE'RE COMMITTING TO A MAXIMUM OF 95 UNITS. SOMETHING WE WANTED TO CLARIFY; THERE ARE SEVERAL USES THAT ARE PROPOSED ON THE DEVELOPMENT PLAN INCLUDING APARTMENTS AND, UM, THE REASON FOR THAT IS BECAUSE THE DEFINITION OF TOWNHOUSES IN THE UDO REQUIRES SUBDIVISION, SO THAT EVERY UNIT SON AN INDIVIDUAL LOT. IF THIS COMMUNITY IS A RENTAL COMMUNITY, WE WOULD BE SEEKING TO HAVE ALL UNITS ON ONE LOT, NOT SUBDIVIDING SO WE WANTED TO ADD A COMBHIMENT THAT ALL TOWNHOUSES WILL -- XHIEMENT THAT TOWNHOUSES WILL BE TOWNHOUSES AND MEET UDO DEFINITION OR DESIGNED TO APPEAR LIKE

TOWNHOUSES. SO WHILE MULTIFAMILY APARTMENTS IS PERMITTED THAT'S ONY TO ALLOW ALL UNITS TO BE ON ONE LOT AND NOT SUBDIVISIONED. THERE WILL BE VARIATION IN APPEARANCE. STRAUSS DRIVE THERE WILL BE REAR ALLEY LOADED TO CREATE STREETSCAPE ALONG WITH PEDESTRIAN CROSSWALK WE'RE PROVIDING AND THE FIVE FOOT SIDEWALK ALONG STRAUSS DRIVE.

WE HAVE SEVERAL ENVIRONMENTAL COMMITMENTS THAT INCLUDING THAT OUR STORMWATER CONTROL MEASURE INFRASTRUCTURE WILL NOT BE LOCATED WITHIN THE STREAM BUFFER. ALL NEW UH TREES WILL BE NATIVE. WE HAVE INCLUDED IN ADDITION TO THE ONE-THIRD RECREATIONAL OPEN SPACE, A MINIMUM OF ONE OF THE FOLLOWING ON THE SCREEN BEING INCLUDED IN ACTIVE OPEN SPACE. AGAIN, WE'RE ADDRESSING AAFFORDABILITY WITH INCOME RESTRICTED UNITS, 5% AT 80% AMI FOR 30 YEARS CONTAINING TWO OR MORE BEDROOMS AND DISPERSED THROUGHOUT THE COMMUNITY.

IMPORTANT DISTINCTION HERE, TOO, IS THAT WHETHER THE UNITS END UP BEING RENTAL OR FOR SALE, WE HAVE ACCOUNTED FOR AFFORDABILITY SO IT DOES PROVIDE -- IT IS NOT JUST IF IT'S FOR RENT. WE ARE COUNTING FOR THAT FOR OWNERSHIP OPPORTUNITIES AS WELL. WE ALSO WANTED TO CLARIFY, THE CALCULATION FOR THE STUDENTS GENERATED CHANGED THROUGHOUT THIS CSE AND SO WE WANTED TO MAKE SURE THAT WE ACCOUNTED FOR THAT, AND SO WE HAVE INCREASED OUR DONATION TO DURHAM PUBLIC SCHOOLS. WE INITIALLY THOUGHT WE WERE DECREASING BY FOUR STUDENTS.

WE'RE INCREASING BY STONE THAT IS THE AMOUNT WE'RE ACCOUNTING FOR HERE. WE ARE CONSISTENT WITH 19 OUT OF 24 APPLICABLE POLICIES OF THE COMPREHENSIVE PLAN. AS YOU CAN SEE, WE ARE CONSISTENT WITH FIVE OF THOSE BY MEETING UDO REQUIREMENTS AND 14 OF TOSE BY EXCEEDING UDO REQUIREMENTS. IN TERMS OF F OUR CONSISTENCY

WITH THAT TRANSIT OPPORTUNITY PLACE TYPE, WE'RE CONSISTENT WITH FOUR OUT OF THE FIVE OF THOSE POLICY PS P THIS REZONING IS CONSISTENT WITH THE REVIEW CRITERIA IN UDO. THIS IS CONSISTENT WITH THE COMPREHENSIVE PLN. IT'S XAT WBL THE ZONING AND CONFORMING USES OF NEARBY PROPERTY. IT WILL IMPROVE THE BALANCE OF USES IN THE AREA BY PROVIDING A NEW HOUSING TYPE THAT WILL MEET DEMAND IN DURHAM AND THERE IS ADEQUATE INFRASTRUCTURE AVAILABLE AS THIS PROJECT ALREADY HAS SEWER ON-SITE AND IS ON WITHIN CITY LIMITS.

THANK YOU FOR YOUR TIME AND WE LOOK FORWARD TO ANSWERING YOUR QUESTIONS. >> SIGNUP SHEET PRETTY MUCH HAS THE APPLICANT TEAM ON HERE SPP THERE ANYONE ELSE -- EVERYBODY'S APPLICANT OVER THERE. ALL RIGHT. LET'S LOOK ON ZOOM.

I DON'T THINK YOU ALL WANT TO SPEAK, RIGHT? GOOD? AND THERE'S NOBODY ON ZOOM. SO, WE'RE GOING TO CLOSE THE

PUBLIC HEARING AND WE'RE GOING TO OPEN IT UP FOR COMMISSIONER DISCUSSION AND QUESTION. NONE? GOING ONCE, GOING TWICE... ALL RIGHT.

MAY I HAVE A MOTION TO MOVE THIS CASE FORWARD? YOU HAVE A QUESTION? OKAY. WE'RE READY TO MOVE THIS CASE FORWARD.

YES, YES, YES, YES. MOTION, THANK YOU. >> CHAIR, AS RELATES TO CASE Z24000 -- THAT'S NOT METHODIST. >> GOT TO GO TO NEXT.

>> AS RELATES TO CASE Z2400021, STRAUSS DRIVE TOWNHOMES I MAKE A MOTION WE MOVE THIS CASE FORWARD WITH A FAVORABLE RECOMMENDATION. >> SECOND. >> IT'S BEEN MOVED BY COMMISSIONER CUT RIGHT; SECOND BID COMMISSIONER WILLIAMS TO MOVE CASE Z2400021, STRAUSS DRIVE TOWNHOUSES FORWARD WITH A

FAVORABLE RECOMMENDATION. MAY I HAVE THE ROLL CALL VOTE, PLEASE? [ROLL CALL VOTE]. >> MOTION PASSES 8-0.

>> THANK YOU. ITE ITEM VIII, COMMITTEE UPDATES? NONE. NEW BUSINESS?

NONE. ANNOUNCEMENTS? >> ONE QUICK ANNOUNCEMENT. I MENTIONED EARLIER IN THE MEETING ABOUT VACANCIES ON THE COMMISSION, SO IF THERE'S ANYBODY STILL WATCHING AND YOU'RE INTERESTED, LET THE CLERK'S OFFICE KNOW. ALSO WANTED TO LET YOU KNOW THAT THE CITY AND THE COUNTY, I BELIEVE, THIS IS ACTUALLY THE COUNTY UH THAT IS RUNNING THIS

EFFORT FOR THE DURHAM ROXBORO RAIL TRAIL AND THERE ARE SOME UPCOMING OPPORTUNITIES FOR WORKSHOPS TO WORK ON THE DESIGN AND INPUT ON THAT TRAIL, ONE ON WEDNESDAY, FEBRUARY 19TH, AT CLUB BOULEVARD ELEMENTARY. THURSDAY, FEBRUARY 20TH, 6:30-8:00 AT LAKEVIEW SECONDARY SCHOOL. IF ANYBODY HAS ANY INTEREST, PLEASE PARTICIPATE. >> ALL RIGHT. NOTHING ELSE TO COME BEFORE THIS COMMISSIONER TODAY, THEREFORE, THE MEETING IS ADJOURNED. THANK YOU ALL.