good evening welcome to the Durham Planning Commission the members of the Durham Planning Commission are appointed by the city council and the County Board of Commissioners to make recommendations to elected officials we emphasize that the elected officials have the final say on any issue brought before us tonight while this meeting is being conducted in person it is also accessible using the zoom virtual meeting platform in the virtual meeting platform public participants do not have the ability to talk or be seen on the video by default in order to main meeting decorum a discernible and a discernible record of the meeting the chat function has been disabled for those attending in person if you plan to speak on an agenda item tonight please go to the table to my left and sign up to speak when speaking please state your name and your address clearly can you come to the podium please speak directly into the
microphone if you are attending the meeting virtually you will be given the ability to speak at the appropriate time if you have pre-registered your name will be called so you can make some comments just like the in-person public hearing you may also call in during the meeting tonight by dialing 1 301-715-8592 you call in during the meeting you will need to wait until the particular public hearing you are interested in starts after all the pre-registered speakers have shared their comments I will ask if there is anyone else wishing to speak at that point you would need to digitally raise your hand by pressing star 9 on your phone and when recognized state your name and your address before making your comments time may be limited for speakers depending upon the length of this agenda
all emotions are stated in the affirmative so if emotion fails or ties the recommendation is for denial so when we go back time limited for speakers is two minutes tonight finally I ask everyone here the commission members the staff and the public to cut to conduct themselves in a courteous and respectful manner if someone fails to conduct themselves in that manner the chair will ask the offending person or persons to leave the meeting until such time they regain personal control if decorm fails to be restored the chair chair will recess the meeting until a genuine commitment to act respectful and courteous is observed thank you may we have the roll call please chair Cameron here Vice chair cigars here commissioner Baker here
commissioner cutwright commissioner Graves commissioner gurham here commissioner MacGyver here commissioner Morgan here Mr cease here commissioner Trapp here commissioner Valentine here commissioner Williams here commissioner Young here do we have any excused absences or I believe we have one from Gary cutright okay we have a motion to excuse commissioner cutwright so moved second has been moved by commissioner Morgan and seconded by commissioner trapped to excuse commissioner cut right need a real call vote uh you can do unanimous consent just hands all in favor please say aye all right yes okay any Nays
all right promotion carries we have a corn we have corn all right next we have the approval of the minutes and consistency statements from June 13 2003. so moved it's been moved by commissioner Morgan is there a second second commissioner Valentine's second it to approve the minutes and consistency statements from June 13 2003 raise Hannigan or do you need a recall uh all in favor please say aye aye aye any opposed motion carries next we're going to we have one change to the agenda we're going to move case z 22000 65 Hillsborough Road Coca-Cola bowlink site is going to move up on the
agenda to be the first case to under a that I think that's the only change any other changes to the agenda can I have a motion to approve the amended agenda motion to approve we we don't actually need a motion on this it's actually already posted online is it okay all right don't have to do that awesome all right I am going to turn the mic over to Alexander to go over the election of the interim Vice chair yeah thank you Vice chair Cameron so as everyone knows chair amandolia's last meeting was last month the rules and procedures of the Planning Commission state that the vice chair automatically steps into the chair role without a vote in that instance until the elections which occur in September of every year so Kimberly Cameron will be our Planning Commission chair from here until September when we would do elections in the rules and procedures also say that
we do need to elect a vice chair just an interim one until September when we will do elections again so with that we need a motion tonight to nominate and vote on a vice chair for the Durham Planning Commission like to make a nomination for Sarah shigeru's to be Vice chair second second I take over now okay are there any other nominations all right here the nominations be closed yes thank you all right uh may we have the roll call vote please to elect commissioner Sarah shagaris as Vice chair of the Durham Planning Commission just a point of clarity that was uh motioned by commissioner Morgan and seconded by commissioner Baker Baker okay uh chair Cameron yes
potentially Vice chair cigars yes commissioner Baker yes commissioner groom yes commissioner McIver yes commissioner Morgan yes commissioner cease yes commissioner trap yes Mr Valentine yes commissioner Williams yes commissioner Young yes the motion passes eleven zero congratulations congratulations Vice chairs [Applause] all right uh commissioner Graves has uh walked in yes staff would just uh like to reflect for the record uh commissioner Grace Manz is here and just Welcome to our two new Commissioners uh Chris Young and Talib Graves mans this is their first meeting they're happy to happen
thank you any uh introductions you want to introduce yourself very quickly tell if you want to go first put your microphone on sorry I'm late I'm Tyler Graves man's honored to be a part of the commission been a resident of Durham for since 2014 running non-profit here as well as another organization and happy to serve thank you chair good evening my name is Chris Young and I represent the Mangum Township on the commission I'm a lifelong resident of Durham currently reside in Rougemont with my wife and three children I also serve on the Farmland protection Advisory Board preserving and protecting our agricultural properties I look forward to representing my district and working together with you to recommend the growth of Durham to our elected officials
agenda we are going to now hear case z22 what do I say triple zero 62 Hillsboro Road Coca-Cola Bottling site and we have the staff Professor I think the staff is not going to make a staff report tonight we if you'd like to open the public hearing okay uh open up to public hearing Madam chair I'd like to make a motion that we continue kz220065 Hillsboro Road Coca-Cola bottle Insight 60 days to our September meeting second all right it's been uh moved by commissioner Trapp and seconded by commissioner Valentine I believe um any discussion all right uh may we have the roll call vote chair Cameron yes Mr cigars yes commissioner Baker yes commissioner
Graves commissioner gurum yes Mr McIver yes Mr Morgan yes commissioner cease yes commissioner Trapp yes commissioner Valentine yes commissioner Williams yes commissioner Young yes motion carries 12-0 all right thank you I think I have to close the public hearing now on this one close it all right it's close moving on to case z22 triple zero 39 Shannon at Old Chapel Hill now here this this is a continuance from our June meeting um and so oh my goodness we will allow the staff to go
sure Andy Lester with the planning department uh this KC 2200039 Shannon at Old Chapel Hill is a proposed zoning map change this was originally heard at the June 13th Planning Commission and it was and was requested a continuance by the applicant subsequently the applicant profit additional commitments that include and always stop at the intersection of Shannon and Old Chapel Hill Road subject to ncdot and city of Durham approval four units income restricted with three town houses three townhouse units at 80 Ami and one apartment at 60 Ami both for a 30-year period and stormwater directed to existing outfall under Shannon Road with no increase in pink flow rate at the downstream analysis point of Cheswick place as a result of the project staff and the applicant are here to answer to any of your questions
the applicant here and open the public hearing now and yes please state your name and your address thank you my name is Scott Harmon at event 524 North Mangum Street here in Durham I want to thank the commission for kind words and encouraging words at the last hearing both during the hearing and from some of you afterward I appreciate your thoughts and support of the way that we approach this project we as I said that night I had one issue unresolved which was I had promised one of the Neighbors in the valley neighborhood that I would get the exactly the right wording from the stormwater director before I asked him to Grant his support of the project and although we were very close and some of you thought I might go ahead and get an approval I wanted to stick to my word and honor that so we have worked that out we met with the director of the stormwater including a consultant at the neighborhood was working with who listened in and we published and sent to
planning and the actual final profit language so that is really the only outstanding issue that was on the agenda I do I do recognize I want to honor that there are some new Commissioners tonight who don't know anything about this project I I don't mind reading in a short statement uh similar to what I read last night if y'all would like an overview of it sure would that be your your uh preference Madam chair yes okay great um uh keep in mind uh this was last last month's hearing was really really long and we were at the very very end so um dear Commissioners thank you for considering our application we hope our engagement process and text commitments earn your support tonight tonight's agenda is long my colleagues warned me to keep it short and for those of you that know me please don't laugh here goes we held three Community meetings with a total of 97 attendees we continue to meet privately with the Markham
com for further information the website is updated regularly it shows the next upcoming meetings publishes our community responses receives comments and requests for private meetings allows full folks to register for updates via postal mail SMS message and or email and links to the city's social pinpoint platform for
those that prefer to use that platform for their engagement the website includes document links to our concept plan the current D plan under consideration tonight the complete version of our traffic study stormwater shed exhibit the postcard mailer and minutes from earlier Community meetings the website concludes with the diary and timeline of all of our engagement Milestones the three most prevalent Community concerns continue to be traffic storm water and affordable housing you you would have received last month our tax commitments to each of these although a TIA is not required we hired VHB in our engineer Nathan rhomberg is here tonight to answer any questions you may have we hired them to measure the existing traffic counts model our proposed development and make recommendations for improvements we propose at an always stop pending City and Dot approval will have the best outcome for traffic and for pedestrian safety and to slow down traffic speeds on the two streets
some of our site currently watersheds into the valley neighborhood Which experiences rainfall events that overwhelm their dated infrastructure we are committed to redirecting some of this runoff away from their Watershed and the the text commitment that I just mentioned at the beginning of my talk tonight was in reference to that we now got the technical language worked out with the neighborhood and the stormwater Department to make sure it met both of their considerations basically we are taking water that would normally be treated and put back into their Watershed we're treating it and moving it into a different Watershed so if this works as we intend we will actually make their storm water problem uh better not worse not the same but actually better than it is now our affordable housing commitment includes one town home and three apartments for 30 years at sixty percent Ami if they are rented and 80 Ami if they are sold our design is a mixed use with missing middle housing and walkable proximity to
existing neighborhoods and Commercial uses we maximize density in Yen land utilization with town homes and a retail building with apartments on the upper floors in addition to our affordable housing commitment our units are more affordable by Design and provide a welcome and needed diversity of housing type in this part of Durham we think it's a good project for Durham a good project for the neighborhood and that our process has been thorough transparent Equitable and responsive and we ask for your approval tonight thank you for your time thank you does anyone need to be reminded of all the proffers or anything from staff good all right anyone else sure check the zoom no one else wants to speak they're right I'm going to close the public hearing and open it up for discussion to the commissioners
hi just real quickly uh thank you um for the opportunity to speak and for your attention Scott in particular to the neighborhood's concerns um the the closing part of your comment now spoke about uh the transparency of your process and the outreached uh communication and the commitment to do what was in the interest of the neighborhood and I I think several commission members spoke last time at the end of that very long meeting about the project itself and we're very supportive of it and and I am as well but I I you you should also be commended for your commitment to communication and pausing in a way that that others may not have chosen to do that could have been worked out in advance of council but you were committed and and that was evident in your actions and um that that should be really applauded so thank you commissioner Morgan I kind of echoed that comment from commissioner cease I I do think that it shows certain level of
Integrity that a applicant will actually be willing to kind of take the time work it out with the neighbors and then present it back to the commission so I do want to Echo commissioner cease's comments I do appreciate that because a lot of times things are kind of like well work it out and we'll go to the council and I think it is respectful to the commission itself so I appreciate that commissioner Valentine did you have some anyone else commissioner trap I was going to make a motion but Vice chair if you wanted to speak yes for the applicant so you're is that the the verbiage here is about all of the runoff all of the storm water from the impervious surfaces will be directed to the exiting outfall under Shannon Road and so it's going to be all and so that's doable I mean um I'm not assuming the stormwater Engineers have said not not all of the
runoffs the majority of the runoff on our site goes to Shannon currently there's a small portion of our site that currently watersheds into the valley and what we're doing is taking that water and not 100 of the water but but but all the water that gets put into a pipe to be treated or retained all of that water will get moved over into the Shannon Watershed so water that continues to fall on the grass or might fall on like the sidewalks and not be captured that water will continue to fall over into that Watershed naturally like it does now but all the water that like from the parking lot in the roofs which will be the dominant sources of stormwater runoff all of that which the storm water regulations require us to capture and and manage will be managed in a way that takes it to Shannon Road instead of the valley and I believe the language that we worked out very carefully with the director and the neighbors Consultants we we went very carefully through that language and made sure that everyone agreed that's what
the language said and that's more importantly the stormwater director agreed that that was something that was enforceable and that they would understand how to handle when we got to site plan again the stormwater director has knows that it can handle the flow well the the engineering of the engineering of the actual devices won't happen until we go through the site plan process in engineering what the commitment says is is it describes a standard by which our design will be will be measured that it goes beyond the minimum requirements of the city okay thank you are there any other questions from the commissioners men okay Mr Trent Madam chair I make a motion that we move case z220039 Shannon at Old Chapel Hill Road forward to city council with the favorable recommendation second
and moved by commissioner Trapp and seconded by commissioner Baker may we have the roll call vote please chair Cameron yes Vice chairs yes commissioner Baker yes commissioner Graves yes commissioner yes commissioner MacGyver yes commissioner Morgan yes commissioner cease yes commissioner Valentine yes Mr Trapp yes Mr Williams yes commissioner Young yes motion carries 12-0 thank you best chair Cameron can we ask for a quick five-minute recess sure we're recessed for five minutes coming back at 601.
yes foreign
foreign
guys
thank you planning all right we were going too fast yeah calling the meeting back to order we are going to go back to the first case z22 triple zero 62 Hillsboro Road Coca-Cola balling site bottling site um going to start with the staff report hey thank you chair Cameron uh so just provide some additional context in addition to the emails that you received staff received numerous updates to this proposal that required and triggered a re-review some of them are pretty substantial um good changes but still required to be reviewed in compliance with the ordinance we also received a request and
y'all received it as well for continuance requested by the Watts Hillandale neighborhood association as such staff are not able to present a report tonight because we don't have accurate updated information specifically one of the most important things is that one of the districts went from commercial General to commercial General the development plan which has some different requirements so as such I'll turn it over to you to to you chair Cameron all right thank you we're going to open the public hearing now and the applicant wants to come forth and make a brief statement of about two minutes thank you thank you chair Cameron Vice chair zagaris um and members of the Planning Commission my name is Neil gauche I'm an attorney at the Morningstar Law Group 700 West Main Street appreciate you taking this back up recognize that there have been some changes to the development plan and I'm just getting word really that a more
intense review of those changes is required by staff and I could certainly understand the need for a continuance I know you all I sent an email email to you all that outlines those changes however staff is not in a position to really discuss that so certainly recognize the need for a continuous however I believe commissioner Trapp you made the motion originally for the continuance and I would ask you if you would consider making a motion to reconsider that motion and instead give that a 30-day continuance so that we could become we could come back in front of you all at the August Planning Commission meeting after staff has the full opportunity to review the uh the changes made to the development plan and if I understand likely I think staff can work in that time frame as well you're welcome to check with staff on that but that's what we would ask tonight and it's unfortunate we're not able to have a more complete discussion today but that such is the the life of a reasoning case where we are actively engaging with the neighbors thank you thank you
anyone else need to speak at this time during the public hearing I'm going to close the pub not yet chair Cameron and members of the commission my name is Tom Miller and I'm one of several people who were here tonight to represent the Watts hill and dale neighborhood pardon me that address oh I'm sorry 1110 Virginia Avenue I did sign in uh of course I grew up after you voted before all went home so I my ability to speak with any kind of authority is limited indeed it's my understanding that you now have before you a request to change your previous decision for 60 days to 30 days all I can say is that we're concerned about the project we want it to be a good project we will
work with the developers we hope that that if you decide to put it 30 days all I can say is I think it's irregular proceedings but all the same we'll do our best to bring you the very best project we can whenever you decide to hear it is there anyone else that would like to speak good evening chairman and vice chairman and commission planning committee I am hagaran I'm the uh current owner and Third Generation modeler in of Durham Coca-Cola Bottling Company um after 117 years of serving the community
we have decided to look for a sixth location and um we hope that our coordination with the neighborhood the developer and the city can come to a very viable and well thought out plan for the for the site the key for us is timing um our ability to make this work is contingent on closing in 2023 and a an extensive delay will probably require us to look at other offers that do not require Planning Commission in other words staying in the light industrial space so we feel like this is the right move timing being of the essence we would request the 30-day instead of the 60-day delay thank you thank you
is there anyone else I would like to speak I don't see anyone on Zoom closing the public hearing a commissioner trap would you like to reconsider your original motion yes ma'am thank you madam chair first want to check with staff and make sure that within 30 days you all are fine to make have a comeback with the presentation yes thank you for checking okay perfect absolutely yes ma'am I like to reconsider my motion for a continuance and make that a 30-day continuance of case z220065 Hillsborough Road Coca-Cola Bottling site to 30 days to our August meeting your second point of water Madam chair yes I think that uh it light up the community that was here to speak on this matter not being here for us to amend our motion probably I would agree with the gentleman who spoke it would make this regular
follow making an amendment to this emotion to this motion I think is irregular in light of the fact that the community members who were here to speak on the matter are now gone so they requested 30 days as well so but the motion that was made while the community was present for 60 days and so now the community is not here to to address that matter I think it would be irregular is there a second on the motion otherwise it's going to stay at 60 days all right the motion dies it's 60 days [Applause] all right moving on to case z2200031 small wood we did that one already did
405 to allow for up to 72 townhouses on the site
the draft Place type map designates the site as an apartment and townhouse neighborhood and Community Institution the portions of the two Parcels that make up the site or designated Community institution are owned by a place of worship should the zoning map change be approved staff recommends designating the entirety of the site apartment and townhouse neighborhood the inclusion of this land does not appear to negatively affect the operation of existing Community Institution existing zoning is RR the surrounding zoning is mostly residential with Industrial Park zoning to the north to the southeast of the site is the land in Wake County or Raleigh jurisdiction the area map shows the general location of the project which is located on the west side of Page Road north of Smallwood Drive there are several other relatively new residential developments in the area as well as as an existing light industrial site to the north the development plan shows two points of
access one on Page Road and one from an extension of gimpore Street a third future access point would be from a stub out to the South there are no significant environmental features on the site notable commitments include three percent of the units will be affordable to households of 80 of the area medium income donation of thirty six thousand dollars to the Durham Public Schools construction the less left turn and right turn Lanes into the site from Page Road construction of a 10-foot shared use path along Page Road for the frontage of the site staff like to know Transportation requested that a sidewalk be extended to smaller drive that request has not been accepted by the applicant the neighborhood meeting was held in accordance with UDA requirements on May 25th 2022 five community members were in attendance no social pinpoint comments have been received for the case
staff determines this request is consistent with the comprehensive plan most of the site is consistent with the draft Place type map for the areas not for the areas that are not consistent staff recommends changing the designation to community Institution well from Community institution to apartment and townhouse neighborhood so the zoning map change be approved this proposal may be in the public interest due to provision of additional housing and particular income restricted housing The Proposal may not be in the public interest due to the lack of connectivity and sidewalk Network staff and the applicant are available for any questions thank you now open the Public Public hearing up hear from the applicant good evening chair Cameron Vice chairs Garris and members of the Planning Commission I'm Neil gauche an attorney at the morning Center Law Group at 700 West Main Street here in Durham and I'm representing the applicant on this
rezoning which is Holly Springs Associates don't ask me about the name I told them Durham is better um I I believe we also have Mr Danny Howell who is a civil engineer I think he might be on Zoom um so one thing Mr Lester for the presentation of the project and I'll try not to be repetitive you all have just heard the basics of the project but I think the story of the project also is uh valuable here there's one whole parcel and parts of two other Parcels that are part of this rezoning the full parcel is owned by the applicant but the partial Parcels are all owned by the All Saints United Methodist Church that church was built in probably the last 10 years I don't know exactly but something like that and what's interesting is that this area of the city is not within a watershed protection overlay so when the church was built my understanding is it was under 24 impervious so no storm water control measures actually were required for that construction so that's you know
405 dwelling units per acre which is quite dense you can see on the Deep wind the proposed Street layout which I think helps you visualize how efficient the
layout is the project will provide a maximum of 72 townhomes and tonight we'd like to commit to providing five percent of these which at full build out it'll be four if we are able to achieve 72. five percent of these affordable uh five five percent of units as affordable for sale units at the 80 Ami level um we think these Commandments are the best ways for this project to provide Community benefits in the area it's a small project but both affordable housing and infrastructure improvements are direct benefits to well the community and to an existing Community institution the site is not without challenges we have a fair amount of slope to deal with the proposed location of the storm water facility which is shown on the development plan it's about 50 feet lower in elevation than the front of the site or like the page Road area and you can also see the existing church it's it's much closer to the pond than Page Road is but it's about 40 feet higher in elevation than the proposed pond so some that's a
challenging area there in the grand scheme of things the project is not that large but it does have a fair amount of necessary infrastructure now you know these are improvements that will be required of any you know development really of this site but even still the project provides additional right-of-way for Page Road has a new left turn lane on Page Road and any right turn lane on Page Road um it also provides a 10-foot wide shared use path along Page Road and I know the staff report mentions that Transportation requested some off-site sidewalk and though that's not required of the Udo we did take a look at it to make a long story short there's a cemetery there along Page Road where the offside sidewalk was requested and I think understandably the developer here declined to make the commitment for off-site sidewalk given that it would require Graves to be moved that didn't seem like a great a great thing to be committing to here so with that you know our team is available to answer questions we hope to have your support tonight and I thank you for your time and consideration
thank you is there anyone sign up to speak I don't have a sheet Alexander is it anyone all right we have will will s-w-a-r-i-n not here oh will swearing in yeah he was actually on the other project oh okay so we have two on the uh Zoom the first person we have Donna Steinbeck hello can you hear me yes okay I'm concerned about this project
because there's still so much development on Page Road going on right now and and it's um the um traffic on the road is is very bad it's like four cycle delayed across Alexander Drive there at Page Road uh we've done some Innovative driving to avoid traffic on on this road uh because of the extreme congestion the um it the it meets the minimum uh environmental uh metrics and I guess I dislike minimum and would have liked to have seen some enhancements there and um one of the key concerns I have is the blasting is they're going to be blasting for this site and you know if so have
the uh neighbors been informed of this is that a question to the yeah it would need to be answered yes I would like for someone to answer that because that's a very important right now with all the problems we're having with blasting it uh it is of extreme concern okay all right thank you uh chair Cameron did is were there any other folks in in would this be there are two other well I'll call you about the answer all the questions okay sorry about that no problem next we have Mimi Kessler please state your name and your address
this is Mimi Kessler can you hear me yes my address is on record I live in the city of Durham um I found the aerial um photograph in this proposal to be a a very good visual account excuse me accounting for the deforestation that is going on in Durham County related to developments and I really think that we need to do better than just taking all the trees down all the way to the lot line and and you know no buffers between neighborhoods I mean I just think it's morally a terrible thing what we're doing that's all I have to say thank you thank you next we have Al Cultus
can you hear me yes okay it's Al coultas 1246 gemforest Street I share the thoughts as far as the blasting from the uh existing townhouses that are being built across the street on Page Road that numerous people including our home fields that every time the blast is is taking place our Windows Shake our foundation shakes and I'm sitting in a chair and I feel it and also loss of all the trees when we moved into this area we paid a bonus to for the lot that uh we purchase with the intention of being able to to have the trees and the privacy and right now we have not seen any deer across our our landscape probably within the last 12 months due to the existing construction that's going on to the west
of the east and north to south and I just wanted to voice my concern uh that I'm really not happy with the proposal that's uh in existence right now thank you next we have Pam Williams good afternoon my name is Pam Williams I am on record um I live in Durham uh I go by this quite quite a few times uh each week on Page Road uh I would like to request that the developer provide additional tree preservation I would also like to request that they follow the rules as stated in the upcoming Amendment tax amendment TC 220004 where they provide 30 feet uh
buffer and 10 feet of uh native trees along the property line I would also uh like to request additional tree preservation and uh distance so the town hall says are not on the uh property line uh at least 20 25 feet from the property line and additional tree landscape in there again we're creating hot spots with all these houses and very few trees and we need to provide some separation and mature trees um thank you that's all thank you is there anyone else present or online I don't see anyone Mr gosh you want to answer a couple of the questions about the blasting the
tree preservation areas following the rules of the upcoming text Amendment and the lot line the property lot lines sure and thank you um so about blasting we don't know at this moment whether blasting will or won't be required it is a possibility and the I believe the request was for the developer to follow the rules related to blasting I I mean that's what's required I guess we can commit to that but it's it is what is required and I also heard a question was I believe if you will inform the neighbors if you have to blast is that the rules oh so that's part of the of the requirement for blasting um if you really test my knowledge here a little bit but if you have to blast there's like a
radius within which uh property owners are supposed to be contacted about that blasting to let them know it's coming up so I mean that's how the rules are for blasting right now as I understand them whether they're being followed regularly I couldn't tell you but those are the rules [Music] um additional tree preservation yeah there was a question about additional tree preservation so this project is providing 24 tree coverage of 18 of that is tree preservation as I mentioned earlier the site is challenging it's got some Topo on it I don't think we're in a position where we could commit to more tree preservation but you know I I did want to point out that almost a quarter of the site will have tree coverage and that's just tree coverage areas there's also going to be you know I lots of landscaping I I would I wouldn't know how to quantify it right now but likely hundreds of of trees maybe
understory trees will be planted on this property ultimately um and there's also a request I believe for buffers between neighborhoods and I would just say that you know I would respectfully disagree that Nate that residential neighborhoods should be buffered from other residential neighborhoods there's a lot of acreage tied up in buffers that is just keeping people separate from one another and I'm not sure that I really understand the value of that uh we're we're a town home Community next to an existing townhome Community that's providing infrastructure for for an existing church it's a good project it also provides affordable housing and um I I think that I I just disagree with the buffer request generally um and um I think that was those were the questions would you follow the new text
Amendment rules oh with respect to tree preservation to be honest with you I don't know what the new tree preservation rules are my understanding is it's not gone to Planning Commission yet I don't know if staff can uh confirm that but you know we're not in a position to commit to rules which don't exist and I think I've already mentioned what we are doing as far as tree preservation entry coverage on the site it's about a quarter of the site 24 of the site that will have tree coverage so we believe that's adequate for this size project thank you uh chair Cameron I'd be happy to provide some additional information on blasting because I know we have a lot of new members and this question comes up a lot it's also outside the purview of the
planning department and our work but it's still important to know uh blasting it goes through the fire marshal Department there is a pre-blast inspection that's required in that permit up to 750 feet from the site three days before the blasting occurs then there's follow-up inspections as well we don't manage that process and we're happy to put anybody in contact with the Fire Marshal's office but that's how that process works thank you anyone else I'm going to close the public hearing at this time and open it for a commissioner discussion commissioner Morgan yes I have a question for the applicant um I'm trying to wrap my head around the church property and some of the stuff that you're doing there just to be a little more clear just to understand is the is the property going to still remain with the church and you're just building the infrastructure for it or help can we pull up the uh the development plan
yes uh and and I would say the third page in particular I think that will be useful in answering your questions that'd be great I just want to visually understand that is that okay I'm getting uh okay all right yeah we get to see you on on the camera here I didn't I didn't we're a fancy suit like a ray there quality stuff yeah I'll pay you later here we go yeah that that page is is a good one so you see the the area in yellow yes that
represents property which today is owned by the church which is under contract for this property um and so the area is in yellow are portions of existing Parcels but so they will be subdivided off and made a part of so that will be that's property you're that's being acquired from the church it's being acquired from the church correct okay and so then you're building the infrastructure which the church will share that runoff or that so you see that public Street a yes and there's a cul-de-sac and off the back of the cul-de-sac there is a shared sem okay so that will be built as part of this project to handle and treat the church and this project okay so those Parcels will be acquired from the church but they will benefit from some of the infrastructure you're putting in correct yeah correct okay thank you no other questions thank you
commissioner Graves man all right and forgive me this is my first meeting I might not know all the protocols as I'm looking at this document is the these are for sale units 380 to 400 000 is that correct uh they are for sale units I'm not sure where that price comes from I saw it on page two the two of eight proposed sale price oh base okay sure did I hear you earlier say that there was a percentage of them that we made for affordable housing yeah that's right five percent is that five percent of affordable housing for them to acquire and purchase or are they going to be rental units they would be for sale units out of at an affordable rate at the 80 Ami level what's the number on that then how does that work discounting the sale price that's a great question um I can explain it abstractly what that number is right now I don't know off the
top of my head and what it will be when these are built is a different story so the Ami level is set each year by Hud at the federal level for the Durham MSA and the um I believe this year it's like a hundred and sixteen thousand or something like that is the 100 Ami level so then there is a income limit at 80 percent Ami and I looked at this recently so what that income limit is it changes based on the family size the typical family size that is considered is is a four-person family and that's about eighty thousand nine hundred I think is the 80 Ami level today so what affordable means is you take that 80 000 number you divide it by twelve that's what they would earn in a month and then you divide that by three so one third of their monthly in intake is what should
be used for housing in order to be considered affordable this usually um also includes a five percent down payment for the home so I couldn't tell you what that house is today but that monthly um divided by three that number is like two hundred twenty two thousand I'm sorry I mean two thousand two hundred twenty two dollars I get a month is is kind of what that housing cost should be as of this year I understand how maths um the five percent down payment is that something that the the build the developer is going to be offering to those folks that qualify oh I I don't believe so I mean I believe affordable housing does require the person to put down the five percent okay thanks are there any other questions go ahead commissioner cases just a quick clarification
um where where is that indicated I'm accustomed to see him and seeing those commitments as part of the text commitments are somewhere where we added tonight from the floor it's not oh you added it from the floor right and is that the only ad the five percent or did you also mention something with for schools I'm not the school one's already in there I believe am I wrong um I'm not seeing it you know what I think you are correct uh so I did not add one for schools and I think I need to talk to my client about that I was just asking for clarification fair enough should I could I get a minute sure
for a student I want to know what five percent is because it goes up to three so I'm sorry there was some confusion that commitment is not on the development plan I think it might have
been in the staff presentation but that is not correct but we are going to make that commitment and in the staff report that is 28 additional students so that would be fourteen thousand dollars to DPS prior to issuance of the certificate of occupancy great thank you so those those are the only two propers correct other than the documents we have yep thank you for clarifying thank you oh staff we good 14. yep I'm sorry the five percent is that going to be four townhouses so it'll be five percent of the final unit count this project allows up to 72 units okay at times a site plan you know they might only hit 70 it'll be five percent of 70. 6 so yeah right you're going to make 60 of a town oh it'll round up yeah it'll round up if that's what your question is all right thank you
yes commissioner Graves man thank you Anna I'm new here so yeah I heard no yeah um what's the how is the developer held accountable for the four Ami townhouses once everything is moving forward it's a great question and uh had we the foresight to put this on the development plan it would be written right in there but to answer your question uh generally that zoning condition is going to tell you how many units and at what am I and for what period of time it also requires the developer to record a covenant against the property that would an affordability Covenant against the property for well for those units to accommodate those units so ultimately I think the answer your question is they put a cloud on the title so that it is in the deed or the plat or the covenants or all of
those um that requires that level of affordability then the developer would let's say build the house and monitor the first sale of that they would sell it to someone who's qualified and after that it's it's in the chain of title for that parcel and it lasts for a period of 30 years so it's it will just be in the chain of title and I see that staff is at the mic hopefully not to dispute what I'm saying it's okay to be recognized chair camera yes all right uh we just want to clarify this so there's no 10-year commitment on this proffer at this time I'm understanding that there is a proper maybe now of a 30-year tenure for the five percent of units at 80 Ami for 30 years but as of now there is no tenure and there's no requirement in the ordinance board so there will be a 30-year period on this one I want to make I want to make clear that as for this proffer and uh I mean I can't recite the profit from memory but it does require the recording
of a covenant if I recall correctly that's what we intended but yeah it does require the recording of a covenant however there's no 10-year requirement we put a 30-year commitment or to your commitment okay great thank you thank you yes sir is that that to be clear that's attached to the property not the owner so if somebody moves after five years they're still attached to the property that's correct another question you know based on the work that I do in research the down payment contribution to get into a residential Union is usually the one of the biggest impediments to acquiring the property have you all given any consideration to offering some concessions for the acquisition down payment of the property as well as the Ami adjustment we have not and to be clear my understanding is so these are my clients in the back here um will and William Barker wave there you go there they are um so my understanding is that their
intent is likely to um to maybe develop this horizontally sell the lawsuit Builder or sell the whole project to a builder and they may not be the in the in Builder here so you know I don't think they can speak to that right now as far as what the Builder would be willing to do this is going to be managed at that you know at the point of sale right as far as like the Covenant and they have and they have to sell that unit to a qualified individual I don't disagree with what you're saying as far as like one of the bigger impediments to home ownership is the down payment um and you know I'm I'm just giving you the information I have that's related to how affordable housing gets built here in Durham I will say and I think several people up here probably know this already but but you're new as you mentioned um I'm I'm originally from Durham born and raised here and I'm very proud to be working here so one one of the things so I think there was a report came out last year
sometime that out of all of the new units that were being processed about eight percent of them were committed as affordable in Durham that is a huge number especially when compared to other municipalities Durham is doing some really great things with affordable housing but I will tell you they haven't figured it all out and the down payment that might be one of those things okay thank you any other questions Commissioners uh commissioner Vice chairs and then commissioner Baker yes um so I see that this is in the county drainage basin I believe we had uh project in the same general area in the last meeting or maybe the meeting before last where it was stated that the Stirrup Creek drainage basin lift station is at capacity is this in the same area and if so if you coordinated with County to make sure that there is sewer capacity I will I will
respectfully turn that question over to staff I'm I don't know that I can tell you if it's in the iron syrup Creek basin uh thank you Alexander Cahill uh so that they have been coordinating on the engineering side with the county on this one there is a capacity in this Basin area so that's a great question thank you for asking there won't be any lift station improvements required as a consequence of this project thank you Mr Baker a couple a couple quick questions for staff so we actually saw a layout of streets which we don't typically see is that sort of a geographic is that a commitment the layout of the streets so that's one question um connected to that question is sort of the lack of connectivity so I just wanted to double check that it meets the connectivity and block
length requirements of the city I wanted to ask if there is a connection to the church it looks like there is I just want to confirm that I'll stop there I've got a couple more yeah the Australia would be a commitment since it's I'm sorry can you say that again the the street layout would be a commitment okay that's a commitment and um as far as I know it does meet the the block length or the stub out ratio meets the requirements okay I was just wondering because it's doesn't look very connected and it's got a couple cul-de-sacs um and it and it connects to the church well I believe the the ratio will be actually determined at uh site plan okay we did not look at that ratio we made sure that the stub outs sort of met the the stub out requirements okay so if they make the commitment to the streets and then it gets the site plan and it doesn't meet the connectivity requirements then they would be required to added connection
one moment thank you commissioner maker can you reframe that question so we have a commitment for the street layout um typically the review on your end for the connectivity requirements is done at the site plan stage however we are now seeing kind of a site plan so if it doesn't end up meeting the continuity requirements at site plan review um do they need to add a connection would that affect the rezoning absolutely that's a great question thank you we did make an advisory comment or yes an advisory comment at one point in the review you probably don't want to show streets um streets are shown anyway if for some reason that doesn't meet the connectivity requirement they may have to rezone in the future and we definitely recommend not showing the streets on the development plan okay
um and then um based on what we have seen looks like there's a connection to the church which I would encourage um so that people have something to walk to uh does that am I saying that correctly is there a connection to to the church from this neighborhood can you repeat that please yeah based on the the street layout um is there a viable connection from the neighborhood to the church property so that if folks want to walk from the neighborhood to church to a Civic space there they are able to do that in a convenient manner um I think Arlene made to talk about that um honestly I'm not I'm not sure commissioner Baker
okay uh commissioner Baker we're going to look into this in circle back with you okay that's fine that's fine um and then I'm sorry I'm asking some tough questions here um we got two two other little questions hopefully these are a little bit easier um so there is a dedication on the west side of Page Road for a 10-foot shared use path I see that Transportation requested also requested a sidewalk on the west side of Page Road is that which is not being fulfilled so I'm I'm curious about so they're already going to be a 10-foot shared use path with Transportation also requesting an additional five foot sidewalk to that good evening earlene Thomas Transportation so my request was to continue that 10-foot shared path to the
South down to the intersection so that would would have been off-site and for the reasons that Mr Ghosh explained they declined to make that proffer understood okay so there will be a 10-foot shared use path along the actual site yes okay that's correct thank you and then the last Transportation question last Transportation question um there's going to be right-of-way dedication to Page Road is is this rough proportionality that they are not required to construct uh the additional width to page red that is correct um our ordinance does not require um developers to build the ultimate cross-section unless it's needed to serve their development they are required to build turn Lanes at their side access point but right-of-way will be dedicated so that at such time a funded project comes along that can build build out that entire Corridor is that a good policy for us to have
that's a a question that we've been asked and I think a um fee and Liu program has often been asked about as far as developers being able to contribute to that but that is certainly a policy decision that you know okay would need to be taken up okay all right we've got a lot of things to work on I'm going to leave it at that for now I think well staff discuss and let anybody else we're good thank you for the patience uh there would be no connectivity requirements of the church okay I've got a couple comments but I'll let other folks ask questions if they have them commissioner cease uh two clarifications uh just kind of on two of the points commissioner Baker
referenced uh staff you just said I believe that there's no connectivity to the church but there is a stub out that is to an existing parcel that the church presently owns okay just wanted to clarify that um secondly and this may be a question both for Miss Thomas as well as the applicant the commitment to the shared youth path along Page Road you reference the cemetery and I think the the expectation of its permanence is is understandable but could there be a maybe maybe I should word it as should there be I think I think there should be so could there be an indication of um something on the development plan that would allow in the future a connection on that little Southeastern corner of the property around the cemetery should the conditions of Redevelopment of those Parcels to the South present the opportunity for continuing that shared use pass to the path to the south in other words so it can jog
around the cemetery either of you could take that or both earlene Thomas transportation again I think what you're asking about is could we have an easement on that parcel and I guess to answer that we would really need more information of what's on the ground there and sort of what the impacts and how far off the public right-of-way would that be in Safety and Security would it require lighting that sort of thing so I think some additional investigation would be needed to determine if if that's a possibility and if the applicant is willing to proffer that commitment uh so just a couple points here all related to This I Promise
T the church
redeveloping that site any anything that would I preclude a debt in 10-foot shared use path that's no pun intended but um you know that's a condition I think that occurs frequently with these you know intermittent development of parcels in Suburbia and I I think just the conveyance or indication of an easement or any commitment maybe prior to council to try to work something out that that would not allow this development in the future to preclude that from happening let me sign that so on the development plan it's indicated that in that corner next to the cemetery uh is a you know plan for open space I just want to make sure if there was an easement over that open space that doesn't preclude that area from being counted towards open space is that right yeah that'll be fine in the open space
with easement okay um and is uh is Danny Howell on the zoom yes can we make him available he is the engineer for this project Mr Howell go ahead uh can everyone hear me yes my name is Danny Howe with real engineering I live in Raleigh North Carolina um yes I'm an engineer on the project and we you know we coordinated with transmission staff and they asked the proper for the walk to a cross and again why we didn't do it again the existing cemetery is preventing that from uh without moving anything that was preventing that from happening now and like uh you know he said there's there's a wall there's a path from the church itself to the cemetery uh but there's also uh they're asking to the stub Street to the South that that's also the church property it has a public sidewalk that will also be stubbed to there on the sub Street also but with the
the easement through that part that's the church's course we're purchasing all the property to the north of the cemetery the cemetery is a separate parcel we don't own that parcel nor the two partials to the South the all of that is on the church property there's three separate parcels so Danny this is Neil can you just ask if all right can you just answer are we able to is there any reason we can't commit to an easement on our property that essentially jogs the 10-foot multi-use path around the cemetery parcel and he pull up the the third sheet again if you look at that and just again they're saying that open space that's behind the town home units just north of the cemetery correct if we could provide an easement in that area that jogs around correct oh yeah again I don't see any reason you know it just we'll have to coordinate that with again if they if I still are you know our tree we have tree preservation entry or tree retention and tree
replacement just making sure we still can meet those numbers on site but yes understood but yeah so that's the only thing I'm just saying so we have to consider that but I don't see any reason why it couldn't jog around we just don't own the property to the South right we can't complete it around the cemetery yeah all right understood correct exactly yeah I I understand what you're asking yes it could turn into the open space and then stub to the church property there and could again if the church does develop then it would go around the cemetery and go through yes thank you yeah I'm just trying to ask that narrow question about an easement that would allow that to happen in the future sounds like the Topo looks very moderate there relative to the rest of the site yeah I would agree closer closer to Page Road versus Away From Page Road yes exactly yeah so I think we can do that any other questions commissioner Baker
yeah yeah I appreciate um appreciate staff with your quick responses to some of these tough questions and appreciate commissioner sees kind of taking the site and adding a little something to it obviously it's a little bit so crushing to look at something that's full of cul-de-sacs and sort of car Centric and full of front garages um certainly was thinking a little bit about some of the comments that were made by community members about deforestation and you know I think the philosophy that that we've tended to work by up here is that when we do have to clear when we do have to Deforest that that what it's being replaced with is something that is valuable and contributing to to Durham um I I think that there's some some good things here that Townhomes kind of make sense in this area and a five percent affordable housing commitment is pretty
typical but but uh you know we don't always see that so that that's that contributes to to the difference so I'm sort of on the fence but um but there's some good things and some things that are not great so those are my comments thank you any other Commissioners have questions or comments their motion to move this forward Madam chair I'd like to make a motion that we take case z22 triple zero 31 Smallwood townhomes with the appropriate uh to be forwarded city council with the appropriate profers that have been added second it's been moved by commissioner Morgan and seconded by commissioner Valentine may we have the real call vote chair Cameron yes Christ Church cigars no commissioner Baker yes
commissioner Graves yes commissioner girl yes commissioner McIver yes Mr Morgan yes commissioner cease yes Mr trap yes commissioner Valentine yes commissioner Williams yes commissioner Young yes motion carries 1101. thank you all righty let's see if we can knock this one out next up we have case z22 triple zero 62 East Club Gateway here we have the staff report thank you chair Andy Lester of the planning department this case z2200062 East Club Gateway is the proposed zoning map change
08 Acres the existing zoning is residential Rural and Commercial neighborhood the applicant proposes to change commercial to change to commercial General with a textual development plan to allow at least three uses permitted under the commercial General zoning District the following uses would be prohibited group living uses hospitals cemeteries mausoleums columbaria Memorial Garden electronic gaming
operations firing range nightclub or bar paintball payday lenders Veterinary Clinic Animal Hospital kennel vehicle sales Leasing and rentals and vehicle service existing Place type is Transit opportunity area the proposed learning district is consistent with the place type map the site lies within the major transportation Corridor and Watershed protection overlays the existing zoning is residential Rural and Commercial neighborhood the site is surrounded by residential rural commercial neighborhood PDR commercial General and industrial Light the aerial map shares the general location of the project which is situated at the southeast quadrant of the I-85 interchange and East Club Boulevard West is a combination of Industrial and Commercial uses with some single family units to the South is the land and farm single family subdivision to the East and North are a combination of commercial and single-family residential uses
some notable commitments include a minimum of three uses for the site prohibition of said uses a fifteen thousand dollar contribution to the dedicated housing fund and a six foot tall fence or wall install adjacent to adjacent parcel a neighborhood meeting was held in accordance with UDA requirements on November 4th 2022 three community members were in attendance there is no Community input from social pinpoint now the proposal is potentially into public interest due to providing an array of commercial uses for Durham residents and being generally consistent with the place type map staff in the applicant are available for any questions thank you I'd like to open up the public hearing is the applicant present and ready to make a presentation
are they out in the hallway or is there anyone signed up to speak new all right we have on Zoom Mr Charles okay yo I'm gonna butcher that just unmute him please and he can introduce himself yeah my name is Charles um my address is some documents and I live in Durham I hope everybody can hear me yes we can hear you so development is very important I appreciate that my concern about this uh going commercial is you know the negative side that comes to this uh if it's taxa like you mentioned uh most of the dies they make with those things are called the um also dies and those are carcinogenic you have to understand what this can have in in our next Generation with our infant and children and looking like looking at the phonetic
S the United States Environmental Protection Agency have been working so hard to be able to avoid this problem so bringing in such things is going to affect not just the noise pollution but the air pollution which is another factor that is going to cause most respiratory problems to
people and notwithstanding all of us use water if people are not drinking water from the water fountain we cook we take that with water and those things have different routes to come into the immune system if you understand most children they say they have uh hdhd it's not just gonna it's not just directly it's not a hereditary it's based on exposure to um this toxic elements like alloclaw maternal Clause um so many factors that can affect and this actually affect the the hippo campus part of the brain which retains memory and learning and learning so this is a huge factor that we need to understand what vendor we want to bring on board and at the same time like I said again previously I love development but at the same time I I am not against development but I'm against any development that might affect this generation to the Next Generation because most residents living here
have families and we have to consider what we're doing today so that we don't make our environment look like what happened in Michigan United States that have been causing billions of dollars to the present government to try to avoid those problems and to be able to help human health our environment and to try to save humans so this is a huge factor and like I said again a large development but let's let's take a footstep back to understand what vendors were bringing on board your time is up sir thank you [Music] next we have Steve W please introduce yourself and state your name and address clearly please hello can you hear me yes hey there my name is Stephen Webb my parents live at 2416 East Club Boulevard which which is the property adjacent to the uh development here in question uh my my questions or my points are a little bit uh less abstract uh
um so I have a common concern of increased traffic in the area which is probably a common theme at these meetings I'm sure in this particular case um you know I'm not I'm relatively neutral on the development um I guess the main point I want to bring up is just sort of the positioning of the property itself which for which will provide for traffic uh coming in and exiting the property as well it's sort of an awkward spot as it stands so it's on a short exit ramp off of I-85 which is a very busy one coming into the area of a gas station that's in the area in the immediate exit area so I guess my question is if was if a traffic impact analysis was uh required for this development um and if not if one was proactively done I think it would be prudent to do so given the again the sort of awkward disposition of this property and how it would be entered and exited upon
and that's pretty much all I have thank you thank you I don't see anyone else on Zoom is there anyone in person that has not signed up that would like to speak don't see anyone I'm going to close the public hearing right now and open it up for commission discussion are there any questions or statements on this project commissioner Morgan Yeah question for staff do we have a the applicant available here they're not here it's called them several times thank you uh they are not present we did message them again to see if they were going to be coming but we have not heard anything because I have a lot of questions that I would be just want to know what they plan to do so okay thank you commissioner Baker
yeah I think um question for for the commission to consider is um do we want to delay this and then if so how long do we want to delay it I mean it's not only is it is the applicant not here but the request is pretty substantial and there's actually very little information and also I don't even know that this is consistent with the fee with the place type map because the place type map is calling for this to be a Transit opportunity area and um and Commercial General does not seem to fit that bill unless there are substantial commitments attached to it so um between the inadequacy of the proposal and the fact that the developer and the the applicant is not even here you know how long do we want to delay this commissioner sees it just could staff just clarify as the maximum continuance so 90 days could we I wouldn't know how much how
how does our caseload look coming up because I mean everyone is given ample opportunity to come here and they get ample notice and there's a long line of cases to come before us I guess but my concern with um going ahead and taking action is that then we've not had any interaction with the applicant and I think that's a kind of a what could be potentially even a just a disservice to council's consideration and governance um Alexander yes I'm just here to answer any clarifying questions you had did you so caselo did you want to answer the question about Casa um commissioner Williams has something to say I was echoing but um uh chair Cameron said about the case love um we do we are trying to limit it to
kind of four no more than four or five here on out Network kind of the backlog is through from um covet times also we had additional work with the conference of plan that y'all did so we do have a little bit of lighter load four to five cases each meeting but we did just continue on case 60 days so I have a question for transportation I see here on the tax commitments prior to the issuance of certificate occupancy southbound left turn lane that crosses over I-85 for East Club Boulevard shall be closed is that a thing can I mean is that approved by dot ncdot is requiring it yes and it's going to be closed permanently yes with the Redevelopment of this site their driveway access off of that ramp
so all of the access would come from Club Boulevard so they're trying to get access from the ramp access currently exists there today for that site but ncdot is going to require to be closed okay thank you Madam chair the Trap yeah I think it would be tough for me to vote in favor of continuing this as I look at this this proposal is very vague and I don't know that adding time is going to add anything to that conversation all they did was say at least three uses allowable except for these others so I don't know this is what they presented to us and this is what we have to go off in the absence of them being here so for me it's going to be very difficult for me to vote to continue this commissioner Valentine Madam chair is a emotion appropriate at this time um or did you do you want to say anything no I actually want to make a
motion pointer order no point of order no point of order I'd like to make a motion right I like to make a motion that we delay this case for 60 days to give the developer staff do you have something no he's going to take the roll call when you get done okay well yes okay if that's okay sure came right now yes staff are okay comfortable with either deferral back to staff or a 30-day or a 90-day we just continue to case 60 days so we do want to be mindful of that I would say 30 days Madam chair I'd like to make a motion I guess amending slightly what I said before that we delay this uh the hearing of this case continue this case for 30 days to give the developer an opportunity to come and provide the commission with uh adequate information regarding this project seconded there's been a motion by commissioner Valentine and seconded by commissioner Morgan to grant case z22
triple zero 39 62. a 30-day continuance may we have the roll call vote please sure Cameron no let's chair shagaris no commissioner Baker yes commissioner mans Graves no commissioner yes commissioner MacGyver yes commissioner Morgan yes commissioner cease yes commissioner trap no commissioner Valentine yes commissioner Williams yes you have to vote
no you have to vote um no commissioner Young yes all right motion carries to continue to for 30 Days Seven to five all righty there are no other cases before us is there any old business I don't think there's any new business motion to adjourn so I moved second it's been moved and seconded to adjourn all in favor say aye hi it's out of here