Planning Commission · Regular Meeting · June 10, 2025

MAY WE HAVE THE ROLL CALL PLEASE? [ROLL CALL]. >> WE HAVE ACHIEVED QUORUM AND JUST SO THAT EVERYBODY IS AWARE, COMMISSIONERS CUTRIGHT AND GREGORY SUBMITTED RESIGNATIONS FROM COMMISSION; WILL NOT BE PARTICIPATING FURTHER. >> THAT MEANS OUR MOTIONER IS NOT HERE. MATT, THAT'S GOING TO BE YOU FROM NOW ON. >> WHAT WAS THAT? >> COMMISSIONER CUTRIGHT IS NOT HERE, HE RESIGNED. >> YEAH. >> AND WE WAIT JUST A FEW MINUTES TO FINISH, A FEW SECONDSES TO FINISH ROLL CALL -- SOMEBODY'S. COMMISSIONER MACIVER. >> HERE.

>> THERE WE GO. >> MACIVER'S LAST MEETING, TOO? >> DID YOU REAPPLY? >> I DID NOT. >> SO THIS IS COMMISSIONER MACIVER'S LAST MEETING. >> ALL RIGHT. WE HAVE ESTABLISHED A QUORUM. THERE ARE NOT NO ADJUSTMENTS TO AGENDA. NEXT UP ON ITEM 4 WE HAVE THE.

APPROVAL OF THE MINUTES AND CONSISTENCY STATEMENTS FROM MAY 13, 2025, MEEING. DO I HAVE A MOTION TO APPROVE? >> MOTION. >> IS THERE A SECOND IN. >> SECOND. >> IT'S BEEN MOVED AND SECONDED, TO APPROVE THE MINUTES AND CONSISTENCY STATEMENTS. ALL IN FAVOR, PLEASE SAY AYE. ANY OPPOSED? THE AYES HAVE IT. ITEM FIVE ON THE AGENDA, PUBLIC HEARINGS: ZONING MAP CHANGES. Z2400024 - DURHAM GATEWAY AT BRIER CREEK. MAY WE HAVE THE STAFF REPORT, PLEASE? >> THANK YOU, CHAIR CAMERON. AS YOU STATED, DURHAM GATEWAY AT BRIER CREEK.

THIS PROPOSAL IS LOCATED EAST OF LEESVILLE ROAD AND NORTH OF US 70 AND IS ON BOTH SIDE OF THE DURHAM-WAKE COUNTY LINE. THE SITE IS A LITTLE OVER 300 ACRES, AND THE PROPOSAL IS TO SPLIT ZONE THE SITE BETWEEN PDR 10.649 AND IL WITH A DEVELOPMENT PLAN. THE PROPOSAL IS FOR UP TO 1,750 DWELLING UNITS, AT LEAST 175 OF WHICH WOULD BE INCOME-RESTRICTED, WITH UP TO 150,000 SQUARE FEET OF NON-RESIDENTIAL USES, AND AN ADDITIONAL 1,280,000 SQUARE FEET OF LIGHT INDUSTRIAL DEVELOPMENT.

THAT WOULD BE WITHIN THE IL DISTRICT. THE PROPOSED ZONING IS CONSISTENT WITH THE PLACE TYPE DESIGNATIONS OF MIXED USE NEIGHBORHOOD AND RECREATION AND OPEN SPACE DUE TO THE PRESERVATION OF SENSITIVE LANDS AS REPRESENTED BY THE ROS DESIGNATION AND THE COMBINATION OF USES ON THE SITE. THE EXISTING ZONING IS RESIDENTIAL RURAL, COMMERCIAL GENERAL, AND INDUSTRIAL LIGHT IN DURHAM COUNTY AND RESIDENTIAL-4 IN WAKE COUNTY. THE SITE IS SURROUNDED BY RESIDENTIAL ZONING ON THE DURHAM COUNTY SIDE EXCEPT FOR SOME LIGHT INDUSTRIAL AND COMMERCIAL ZONING ALONG US 70.

RALEIGH ZONING IN WAKE COUNTY ACROSS US-70 IS A MIX OF RESIDENTIAL AND OFFICE. THE AERIAL MAP SHOWS THE GENERAL LOCATION OF THE PROJECT AND SHOWS THE PRIMARILY RESIDENTIAL USES TO THE NORTHEAST. BRIER CREEK IS TO THE SOUTHEAST OF THE SITE. THE PROPERTY IS CURRENTLY DESIGNATED MIXED USE NEIGHBORHOOD ON THE PLACE TYPE MAP. THE PROPOSED ZONING IS DETERMINED CONSISTENT WITH THE DESIGNATED PLACE TYPE. THE APPLICANT HAS INCLUDED GRAPHIC AND TEXT COMMITMENTS. HIGHLIGHTS ARE SHOWN HERE FOR THE PDR SECTION OF THE SITE INCLUDING: LIMITATIONS ON IMPERVIOUS SURFACE, INCLUSION OF INCOME-RESTRICTED HOUSING, STORMWATER AND OPEN SPACE COMMITMENTS, INCLUDING FOR THE BRIER CREEK TRAIL, PLANTING OF NATIVE SPECIES, AND A CONTRIBUTION TO DURHAM PUBLIC SCHOOLS.

IN THE INDUSTRIAL LIGHT PORTION OF THE SITE IN ADDITION TO COMMITMENTS REGARDING IMPERVIOUS SURFACE, STORMWATER, AND NATIVE SPECIES, A MINIMUM 12% TREE COVERAGE IS COMMITTED. AS SHOWN ON THE DEVELOPMENT PLAN, THE SITE IS BIFURCATED BY A NORTH-SOUTH ARTERIAL WHICH IS TO BECOME THE NORTHERN DURHAM PARKWAY WITH AN INTERCHANGE AT US 70. THE INDUSTRIAL LIGHT PORTION OF THE SITE IS WEST OF THIS ROAD, THE PDR SECTION TO THE EAST. STREAM BUFFERS ARE SHOWN AS REQUIRED BY THE UDO. NEIGHBORHOOD MEETINGS WERE HELD IN ACCORDANCE WITH THE NEIGHBORHOOD MEETING GUIDELINES ON MAY 15, 2024 AND MAY 1, 2025, WITH 83 ATTENDEES IN THE FIRST MEETING AND FIFTY IN THE SECOND.

NO COMMENTS HAVE BEEN SUBMITTED TO THE DURHAM REZONING EXPLORER IN RELATION TO THIS CASE. THE PROPOSAL IS CONSISTENT WITH THE PLACE-TYPE MAP DESIGNATION OF MIXED USE NEIGHBORHOOD. THE PROPOSAL IS CONSISTENT WITH 24 OF 28 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, PLEASE? >> GOOD EVENING. I'M JAMIE SCHWEDLER WITH PARKER POE ON FAYETTEVILLE STREET HERE ON BEHALF OF THE APPLICANTS AND PARTNERS.

I'M JOINEDMY BY MARIE FARMER AND KIMLEY-HORN WHO ARE AVAILABLE TO ANSWER TRAFFIC AND TECHNICAL QUESTIONS. OUR TEAM IS PROUD TO PRESENT THIS MASTER PLANNED MIXED USE PROJECT LOCATED ON HGH OWAY 70 NEAR BRIER CREEK THAT WILL INTEGRATE COMMERCIAL, LIFE SCIENCE, AND RESIDENTIAL. THIS WILL BECOME A REGIONAL NEIGHBORHOOD AND EMPLOYMENT CENTER PROVIDING SIGNIFICANT INFRASTRUCTURE AND ROADS AND WILL INCORPORATE INNOVATIVE GSI, PUBLIC OPEN SPACE AND THE OPPORTUNITY FOR UP TO 175 AFFORDABLE UNIT WHICH IS IS 10% OF OUR REQUESTED DENSITY. WE'D ALSO LIKE TO TAKE THE TIME TO APPRECIATE THE PARTICIPATION OF THE COMMUNITY AND NOT ONLY PRESCRIBED MEETINGS BUT THE ADDITIONAL MEETING THAT INCLUDE PRESERVE RURAL DURHAM, FENDOL FARMS HOA, CAROLINA ARBORS HOA AND DHIC.

THIS H 310 ACRE ASSEMBLE LAJ IS SHOWN ON THE MAP IN RED AND WE'RE SURROUND BID EXISTING DEVELOPMENT. THE RESIDENTIAL DEVELOPMENT OF CAROLINA ARBORS IS TO NORTHEAST, RTP TO SOUTHWEST, BRIER CREEK COUNTRY CLUB FURTHER TO SOUTH AND RDU INTERNATIONAL AIRPORT IS FURTHER TO SOUTH. WE'RE SURROUND BID A GOOD DEAL OF DEVELOPMENT ALREADY AND TRYING TO BRING THIS MIXED USE NEIGHBORHOOD AND EMPLOYMENT CENTER IN AN IR AREA WHERE INFRASTRUCTURE EXISTS AND PLANNED BY THIS PROJECT. THAT MAKES THIS IDEAS IT'S BETWEEN STOIF DURHAM AND RALEIGH AND CONSISTENT WTH POLICY 165 O OF THE COMP PLAN BECAUSE IT WILL BE CONTIGUOUS WITH EXISTING SKI LIMITS AND FILL IN A DOUGHNUT HOLE THAT EXISTS TODAY.

WHILE THE CURRENT ZONING IS RATHER LOW DENSITY IN BOTH WAKE AND DURHAM, THE PLACE-TYPE MAP HERE ENVISIONS A MUCH MORE INTENSE USE AND WE'RE SET TO DELIVER THAT WITH OUR PROPOSALED REZONING. OUR DESIGNATION IS MOSTLY MIXED USE NEIGHBORHOOD WHICH DESCRIBES NEIGHBORHOODS BUILT ON LARGE VACANT SITES WITHIN DEVELOPED AREAS THAT INCLUDE COMMERCIAL AND OTHER NON-RESIDENTIAL USES ALL WITHIN A 15-MINUTE WALK OF THE RESIDENCES. DESIGNED TO INCLUDE MIXTURE OF HOUSING TYPES WITH VARIETY OF HEIGHTS AND PRICE POINTS AND GREEN SPACE INTEGRATED. WE'VE TAKE THAN GUIDANCE AND BUILT UPON IT TO BUILD A SPLIT ZONED REQU ZONE ZONED.

WE'VE SPLIT THE SITE INTO TWO DISTRICTS IL DISTRICT IN GREEN TO THE LEFT OF THE SCREEN, WEST O OF THE SITE. PROPOSED PDR DISTRICT IN BLUE ON THE EASTS OR TO THE SCREEN RIGHT. YOU CAN SEE THAT THAT IS ACTUALLY ADJACENT TO THOSE EXACTING TYPES OF USES ALONG 70 YOU HAVE THAT EXISTING INDUSTRIAL AND COMMERCIAL USES ALONG THE HIGHWAY CORRIDOR AND THEN OF COURSE WITH CAROLINA ARBORS IS EXISTING RESIDENTIAL USE TO THE TOP RIGHT OF THE SCREEN ADJACENT TO THE PDR. SO I'LL HIGHLIGHT THE KEY COMMITMENTS HERE BECAUSE THEY'RE SIGNIFICANT.

THEY CONTRIBUTE TO DURHAM'S EMPLOYMENT, HOUSING, AND INFRASTRUCTURE NEEDS AND I'LL HIGH LIGHT THOSE IN ORDER. FOR THE KEY IL COMMITMENTS, THE INDUSTRIAL LIGHT, WE'RE PROVIDING A REGIONAL EMENT EMPLOYMENT CENTER BECAUSE WE HAVE A MAXIMUM OF 1.2 MILLION SQUARE FEET OF OFFICE, WAREHOUSING ETC USES WITH SUPPORTING RESTAURANT AND RETAIL USES. WE'RE PROVIDING JOBS BUT SERVICE RETAIL AND EATERIES FOR FOLKS TO VISIT WHILE THEY'RE WORKING THERE. WE'RE ALSO PROVIDING SOME INNOVATIVE GREEN STORMWATER, AT LEAST TWO GSI COMMITMENTS ARE INCLUDED. WE'LL ALSO BE COMMITTING TO EDUCATIONAL SCIENCEAGE THAT WILL BE SUPPLY THERE HAD SO THAT FOLKS CAN UNDERSTAND HOW THAT GSI WORKS.

IN ADDITION TO THAT WE HAVE SIX DESIGN XIMENTS THAT ARER COMMIT UHHED TO QUALITY DESIGN SO THAT WE'RE TAKING THESE RESEARCH AND DEVELOPMENT AND OFFICE BUILDINGS AND MAKING SURE WE'RE ENFORCING ARCHITECTURAL COMPATIBILITY THROUGHOUT. THE ADDITIONAL IL DISTRICT COMMITMENTS ARE SIGNIFICANT. I'LL HIGH LIGHT A FEW OF THESE HERE. SEVERAL PROHIBITED USES. THE MINIMUM 12% OF TREE COVERAGE, ALL TREES NATIVE, MINIMUM OF TWO ACRESES OF OPEN SPACE WITHIN IL DISTRICT, CLUSTERED AT THAT 5,500 TO BE CONTIGUOUS, IMPORTANT BECAUSE BOTH TYPES O OF DEVELOPMENT POST RUNOFF TREATED TO 25 YEAR STORM AND STORMWATER CONTROL MEASURES NOT WITHIN ANY STREAM BUFFER.

WITH RESPECT TO HOUSING WE'RE PROVIDING THAT HOUSING DIRECTLY ADJACENT TO THE NEW JOBS WE'RE CREATING WITH UP TO 1,750 DWELLING UNITS WITH MINIMUM OF THREE DIFFERENT HOUSING TYPES. WITH THAT, WE'RE BRINGING AFFORDABLEBILITY. SEVEN ACHE EERS DESIGNATED FOR AMI. WE FELT THE DEDICATION OF THAT LAND FOR THOSE SIGNIFICANT AMOUNT OF 10% OF OUR DENSITY TO BE DELIVERED BY OTHERS WAS THE RIGHT MEASURE HERE. IT'S NOT EVERY PROJECT THAT CAN OFFER THAT AMOUNT OF LAND BUT THIS ONE CAN AND WE THOUGHT THAT WAS A SIGNIFICANT WAY TO HEAT THE DURHAM'S HOUSING NEEDS AND OFFER AFFORDABILITY.

WE'RE PROVIDING NEIGHBORHOOD COMMERCIAL WITH UP TO 150,000 SQUARE FEET OF NON-RESIDENTIAL LIMITED TO PODS TWO AND THREE. THOSE ARE IN ORANGE AND BLUE ON YOUR SCREEN. THEY'RE ADJACENT TO WHERE THERE'S EXISTING COMMERCIALS COULD BE AND PROVIDING APPROPRIATE SCALE AND CLUSTERING WITH PODS FOUR AND ONE AT THE LOWER HEIGHT AT 45 FEET WITH COMMERCIAL BEING UP TO 85. WE'RE SCALING DOWN AS WE GET CLOSER TO EXISTING NEIGHBORHOODS. THE PDR DISTRICT HAS TREMENDOUS AMOUNT OF COMMITMENTS AND IT'S ALL THE COMMITMENTS YOU'VE COME TO KNOW AND WANT AND SEE IN CASES JUST LIKE THIS.

BUT WE'RE PROVIDING A MIXTURE OF THOSE TYPES OF DWELLING UNITS INCLUDING ABILLTY TO DO APARTMENTS, TOWNHOMES AND DETACHED ROW HOUSES INADDITIONAL TO SINGLE FAMILY. TWO ACRES OF COMMITTED OPEN SPACE. LIMITED IMPERVIOUS TO 70%, TREATING TO 25-YEAR STORM AND AGAIN WE HAVE THE SCM MEASURES AND RECREATIONAL OPEN SPACE NOT WITHIN ANY STORM BUFFERS. BRIER CREEK WEST TRAIL TO BE PROVIDED DETERMINED AT SITE PLAN. IN ADDITION, $50,000 CONTRIBUTION TO DURHAM PUBLIC SCHOOLS. IN ADDITION TO ALL OF THE JOBS AND HOUSING AND BENEFITS I E JUST DESCRIBED, THERE'S SIGNIFICANT TRANSPORTATION COMMITMENTS THAT WILL ONLY BE DELIVERED WITH THIS CASE.

ABSENT THESE CASES THESE WOULD BE PROJECTED FUNDED THROUGH TAXPAYER RESOURCES OR BY DOT. TRAFFIC SIGNAL FOR LEESVILLE ROAD. CONSTRUCTING NORTHERN DURHAM PARKWAY THROUGH THE SITE. LEESVILLE ROADWAY ALIGNMENT WITH SHARED PATH THROUGH THE SITE, ACC BOULEVARD WITH SHARED PATH AS WELL AS DEDICATION OF RIGHT-OF-WAY ALONG 70 AND ALONG THE SIGNIFICANT CORRIDORS WE'RE BUILDING THROUGH THE SITE, THE DURHAM PARKWAY EXTENSION, LEESVILLE ROAD REALIGNMENT AND ACC ROADWAY. OVERHEAD STREET NAME SIDE FOR LEESVILLE. THESE SHOW THOSE SIGNIFICANT PROPOSED FUTURE NETWORKS AND HOW THOSE WOULD GO EAST TO WEST AND NORTH-SOUTH ACROSS THE SITE PROVIDING NOT ONLY MAJOR INFRASTRUCK XHUR OFFSET OF COST BUT ALSO CONNECTIVITY THAT DOESN'T EXIST TODAY AND BE ALTERNATIVE TO 70 AS IT DEVELOPED WITH THE PROJECTS THAT NCDOT HAS IN MIND.

NOT ONLY THE HOUSING SUPPLY IS SIGNIFICANT, THE EMLOYMENT IS CREATING NEW JOBS TO THE TUNE OF TWO THOUSAND FIVE HUNDRED JOBS XON COMPLETION AND 1,800 DURING THE CONSTRUCTION OF THE LIFE CYCLE AND AT INFRASTRUCTURE IS SIGNIFICANT. WE'RE PROVIDING COMMITMENT THAT WOULD BE CLOSE TO $4 MILLION PRIVATE ROAD UTILITY INFRASTRUCTURE TO CONTRIBUTE TO DURHAM'S LONG RANGE PLAN ALONG THIS ROUTE. TOP OF ALL OF THAT, WE'RE PROJECTING THAT THERE'S REVENUE FOR THE CITY AND TO THE TUNE OF 15 MILLION IN ANNUAL PROPERTY TAX REVENUE UPON STABILIZATION.

SO AT FULL BUILDOUT PROVIDING JOBS, HOUSING, MAJOR INFRASTRUCTURE AND POSITIVE REVENUE. AARON DID A GREAT JOB OF SUMMARIZING COMP PLAN CONSIST. WE'RE CONSISTENT WITH 24 OF THE 28 APPLICABLE POLICIES AND MOST SIGNIFICANTLY THE PLACE TYPE REVIEW WHICH HAS BECOME SO IMPORTANT IN DELIVERING THAT MIX OF USES. WE'RE ALSO CONSISTENT WITH THE UDO. ADJACENT TO EXISTING USES, PROVIDING A BALANCE OF USES AND MEETING A XHIFK DEMAND IN DURHAM IN TERMS OF JOBS, EMPLOYMENT CENTER, AFFORDABLE HOUSING AND INFRASTRUCTURE. OUR TEAM IS PROUD TO PRESENT THIS PROJECT AND WILL REMAIN AVAILABLE FOR QUESTIONS.

THANKING YOU. >> THANK YOU. SO, PAM AND TINA AND TAMMY, ALL Y'ALL ARE GOING TOGETHER? OKAY. DO YOU JUST WANT TO -- WANDA AS WELL? JAMES AS WELL, OR NO? JAMES STEWART? BUT NOT GOING WTH YOU ALL? OKAY. ALL RIGHT. AARON, YES, I'M SORRY. >> IF I COULD BEFORE YOU START THE PUBLIC HEARING JUST FOR THE RECORD I WOULD LIKE TO STATE THAT ALL PLANNING DEPARTMENT HEARING ITEMS HAVE BEEN ADVERTISED AND NOTICED IN ACCORDANCE WITH STATE AND LOCAL LAW AND AFFIDAVITS O OF ALL NOTICES ARE ON FILE IN THE PLANNING DEPARTMENT.

THANK YOU. >> THANK YOU VERY MUCH. HI I'M WANDA ALLEN, MY ADDRESS IS ON RECORD. TAMMY. OKAY. WHAT I'M GOING -- I WANT TO YOU GUYS TO LOOK AT THIS SLIDE TONIGHT AND YOU CAN CLEARLY SEE THAT SOUTHEAST DURHAM IS IN A CRISIS. THIS ONE PROJECT HAS 24 CREEKS WHICH IS BROKEN DOWN ON THIS SLIDE. THERE ARE SIX PONDS, SEVEN CONTROL PROBLEMS WITH THIS PROJECT. THIS PROJECT OFFERS A MINIMUM OF OPEN SPACE. IT HAS THREATENED AND ENDANGERS SPECIES. IT ALSO ADDS 22,700 VEHICLES PER DAY.

TRAFFIC IS ALREADY AT A STANDSTILL, AND MANY OF THE DEVELOPMENTS HAVE NOT BEGUN. INFRASTRUCTURE IS NOT IN PLACE. WE HAVE DOCUMENTATION THAT THE EMS SHORTAGE AND STAFF PLUS EQUIPMENT, FIRE AND RESCUE, WE'RE PUTTING OUR FIREFIGHTERS AND CITIZENS' LIFE AT RISK. POLICE ARE UNDERSTAFFED. CRIME RATES CONTINUES TO RISE PLUS PUTTING STAFF AND CITIZENS LIVES AT RISK. SCHOOLS AR OVERBURDENED. SO TONIGHT, EACH PERSON THAT SPEAKS WILL PRESENT FACTS THAT SUPPORTS SOUTHEAST DURHAM IS IN A CRISIS. AS YOU CONTINUE TO VOTE YES TO DEVELOPMENT, YOU ARE ENDORSING THE CRISIS.

THIS SLIDE RIGHT HERE JUST BRIEFLY SHOWS THAT THE CURRENT ZONING PLUS IS NOT HIGH DENSITY. PLUS THE NEW UDO ZONING IS NOT HIGH DENSITY. THIS IS JUST A REMINDER WHEN WE SPOKE AT ONE OF THE OTHER HEARINGS, ONE OF THE DEVELOPERS PROFFERED THAT HE WOULD PAY FOR THE ANY DAMAGE THAT OCCURRED DURING BLASTING. THAT IS NOT -- YOU CANNOT DO THAT. THE DEVELOPER CAN PROFFER THEY WILL NOT BLAST. THANK YOU. >> GOOD EVENING. PAMELA ANDREWS, I LIVE ON WAKE FOREST HIGHWAY. GOOD EVENING, COMMISSION.

WE'RE APPRECIATIVE OF THE COMMUNITY MEETINGS ON THIS PARCEL AND THE DEVELOPER WE DO APPRECIATE THOSE. HOWEVER SEDIMENT POLLUTION CONTINUES TO BE A REAL PROBLEM WITH 32 DEVELOPMENTS IN THIS AREA. MASS GRADING, CLEAR CUTTING, BLASTING IS CAUSING SEDIMENT POLLUTION IN OUR STREAMS, WETLANDS AND LAKE WHICH IS IS A VIOLATION OF THE WATER CONTROL ACT OF 1972. 24 STREAMS, FIVE ACRES OF O OF FLOODPLAINS, UTILITY LINES. COMP PLAN USED TO MEASURE THESE DEVELOPMENTS ARE GIVEN AS THEY ARE STAMPED WITH THE STATEMENT THAT THIS WILL BE MET AT SITE PLAN.

EIGHT POLICIES O OF 26 ARE GUARANTEED TO BE MET AT SITE PLAN REQUIRE NO REVISIONS OF THE DEVELOPER AT THIS POINT. 15% OF THE PLANNED POLICIES IDENTIFY BID THE PLANNING ARE NOT MET. WE'RE REQUESTING 100-YEAR STORMWATER SEDIMENT POND FOR CONSTRUCTION AND FINAL STORMWATER BASIN. 25-YEAR POND IS NOT SUFFICIENT FOR PARCEL THIS SIZE. I REACHED OUT WEEKS AGO ASK FOR ENVIRONMENTAL DOCUMENTS FROM THE TEAM. THERE WAS NOT ONE AVAILABLE ON THE THREATENED AND ENDANGERED SPECIES AT THE TIME. THE STREAM DESIGNATION AND POND LOCATION WAS GIVEN BUT NO INFORMATION SHARED.

THIS IS CONCERNED FOR SITE THIS LARGE. WILL THIS THREATENED AND ENDANGERED SPECIES BE SHOWN OR WILL IT MATTER? NORTH CAROLINA ENVIRONMENTAL LETTERS SHOW THERE ARE 25 24 STREAM SITES FLOWING ON THE IMPAIRED LITTLE BRIER CREEK, FOUR PERENNIAL, ALONG WITH SIX PONDS. WE'RE REQUESTED 100-FOOT STORMWATER. THIS IS A LARGE SITE AND COULD DO A LOT OF DAMAGE TO OUR ENVIRONMENT. THANK YOU. >> THANK YOU. >> GOOD AFTERNOON, EVERYONE, I'M PAM WILLIAMS AND I WANT TO THANK Y'ALL GIVE TO US TO MAKE THESE DECISIONS. I CAN'T IMAGINE.

I ALSO WANT TO THANK THE ENGING NEARS FOR ALL THE TIME THEY'VE GIVEN US. ENGINEERS FOR ALL THE TIME THEY'VE GIVEN US. WHOOPS. OKAY. I WANT TO POINT OUT THAT THE SIDEWALKS ON LEESVILLE ROAD WILL NOT BE CONTIGUOUS AND THAT THERE'S NO COMMITMENT TO BUILD THE BRIER CREEK TRAIL. WE ARE REQUESTING THAT THIS TRAIL TO BE BUILT WITH THIS PROJECT. IN OTHER WORDS, IT WILL NEVER PROVIDE ANY CONNECTIVITY IN THE AREA. DELL EXCELLENT EXAMPLE OF BUILDING TRAILS ALL THROUGH THEIR DEVELOPMENT WHCH THIS IS RIGHT NEXT TO SO WE'RE ASKING THIS BIT.

CONCERNS THAT WE HAVE IS TRAFFIC CONGESTION. JUST NOT ABOUT THIS PROJECT, BUT ALL THE PROJECTS IN SOUTHEAST DURHAM. AS YOU CAN SEE, U.S. 70 IS OVERCAPACITY NOW. THIS IS NORMAL. THIS IS NOT JUST AT 5-6. THIS STARTS EARLY. NC 98 IS IS ALSO OVERCAN CAPACITY AND IT CAUSES CONTINUOUS BACKUPS AND PEOPLE IN SOUTHEAST DURHAM; HOW DO WE GET OUT OF HERE? WE CAN'T BECAUSE ALL ROADS ARE BACKED UP AT 3:30 TO 6:30. TRAFFIC VOLUMES AND CAPACITY, WELL U.S. 70 IS JUST OVER CAPACITY.

I'M NOT DISPUTING THE TIA OR ANYTHING THAT WAS DONE IN THERE, THE CHANGES THAT THEY'RE GOING TO DO, -, PUTS A BAND AIDS ON THE ISSUE. THE ANNUAL DAILY TRAFFIC I 23 PR DOT FOR U.S. 70 IS 41,000 AT THE BUILD OUT IN 2030 THIS IS GOING TO ADD 22,000. THAT'S 63 VEHICLES PER DAY IN THIS AREA AND THIS DOES NOT INCLUDE 26 DEVELOPMENTS UNDER CONSTRUCTION OR BUILT OUT SINCE 2023. U.S. 70 CAPACITY HAS INCREASED BY 30% FROM 202 TO 2023. THE 32 DEVELOPMENTS THAT'S BEEN APPROVED WILL ADD 8,840 DWELLINGS AND OVER 75,000 ADDITIONAL TRAFFIC.

THIS IS THE AREA DOWN LOWER RIGHT-HAND SIDE CORNER. SMALL AREA. THESE ARE THE DEVELOPMENTS IN THE AREA AND AGAIN, THE 75,000 DOES NOT EVEN INCLUDE GATEWAY OR THE COURTYARD. THANK YOU. HEY, THANK YOU. >> TAMMY SWAY YEAH ON O BAPTIST ROAD. I WANT TO JUST TALK ABOUT FACTS SO WHEN YOU MAKE YOUR DECISION AND I ANT TO TALK ABOUT INFRASTRUCTURE. THROUGH SAFETY PRACTICES YOU'RE SUPPOSED TO HAVE TWO IN AND TWO OUT ON ALL FIRE CALLS. THE TRENDS YOU SEE HERE FOR STATION 8 AND 17 THAT WOULD SERVICE GATEWAY THEIR RESPONSE TIME HAS BEEN GETTING HIGHER.

99% OF THE TIME, THE FIREMEN ONLY RIDE THREE. I WANT TO HONE IN ON THIS RECENT ARTICLE WHERE THERE WAS 26 FIREFIGHTERS THAT HAD TO RESPOND TO THIS INCIDENT. IF YOU'VE GOT THREE RIDING, THEN THAT'S NINE STATIONS RESPONDING WITH TWO LADDER TRUCKS. STATION EIGHT DOES NOT HAVE A LADDER TRACK. STATION 17 DOES AND BETHESDA DOES. YOU GOT TWO CHARTER SCHOOLS OPENING UP; ONE ON KEMP AND ONE ON GLEN. KEEP THIS IN MIND BECAUSE WE DON'T HAE A FIRE DEPARTMENT IN THE SOUTHEAST DURHAM THAT WE ARE PROMISED.

THEY DO HAVE 35 PEOPLE IN THE FIRE STATION OR FIRE TRAINING PROGRAM, BUT TYPICALLY THAT KIND DWINLDS DOWN AND THEY'RE ANTICIPATING 50 PEOPLE THAT ARE SLATED TO RETIRE NEXT YEAR. THINK ABOUT THE FIRE RESPONSE. THINK ABOUT INFRAUK FRA STRUCTURE. -- INFRASTRUCTURE. ANOTHER ARTICLE DURHAM EMS SAID WE HAVE CALL VOLUMES INCREASED OVER 24%; THAT'S A BIG INCREASE. WE KNOW THAT WHEN DURHAM EMERGENCIES WHEN OTHER COUNTIES RESPOND THEY'RE RESPONSE TIME IS NOT INCLUDED IN DURHAM'S RESPONSE TIME AND ALSO WANT TO POINT OUT LASTLY THAT THE ONLY POLICE STATION IS 13 MINUTES, ALMOST 7 MILES AWAY FROM GATEWAY.

YOU'VE GOT TO THINK ABOUT THAT RESPONSE TIME WHEN YOU TALK ABOUT INFRASTRUCTURE. SO THINK ABOUT ALL OF THIS. WE'VE JUST GOT SO MUCH AND WE KEEP ADDING MORE AND MORE AND THE SAFETY OF OUR CITIZENS SHOULD COME FIRST. THANK YOU. >> DONNA STEINBECK. ONE THING SHE WAS TALKING ABOUT WITH THE MEDICAL IS LAST YEAR MY SON HAD CANCER AND HE HAD A CRITICAL REACTION TO THE CHEMO THERAPY, SO WE CALLED ONCOLOGY WAS ON THE PHONE WITH HIM TRYING TO GET FROM OUR 911 WHAT THEY COULD DO WITH THE AMBULANCE AND EMERGENCY ROOM.

THEY SAID IT WOULD TAKE 46 MINUTES -- AND I LIVED LIKE 15 MINUTES FROM DURHAM -- 46 MINUTES BEFORE THEY COULD GET HIM TO EMERGENCY, AND THEN WHEN HE WAS ASKED ABOUT HOW WERE THEY PREPARED, THEY WEREN'T PREPARED TO HANDLE AN EMERGENCY LIKE THAT THIS THEN HE GOT MY HUSBAND ON THE PHONE, DRIVE HIM, GET HIM HERE AS QUICKLY AS POSSIBLE BUT DRIVE HIM BECAUSE THAT'S THE CHANCES ARE SO SEVERE. SO THAT'S WHAT THEY DID. FORTUNATELY, MY SON BY THE TREATMENT.

HE WAS IN THE HOSPITAL FOR MANY DAYS, BUT, IT WASN'T BECAUSE DURHAM WAS PREPARED TO HELP HIM. OUR HOSPITAL BEDS, YOU'RE LOOKING AT 388 BEDS AT DUKE REGIONAL AND 1,062 AT DURHAM AT DUKE UNIVERSITY, AND RIGHT NOW THE METRO POPULATION FOR 2025 LOOKING AT 444,000. NOW STILL GETTING BACK TO THE BEDS, THAT HAS BEEN A PROBLEM, TOO, BECAUSE I HAD TO SEEN BY A WAKE BED AT THEIR EMERGENCY THING BECAUSE AGAIN THEY COULD NOT SEE ME, THEY WERE TOO FULL AT THE EMERGENCY, AND THEY WOULDN'T HAVE HAD TO BED TO PUT ME IN EITHER, SO, YOU KNOW, THEY'RE CONSTANTLY JUGGLING BEDS TO GET PEOPLE IN AND SOMETIMES PEOPLE LEAVE THAT I WONDER, OKAY, WAS THAT JUST A BED SITUATION?

-- OKAY. SO THE, SCHOOL NUMBERS, ONE OF THE KEY THINGS THERE IS -- >> MA'AM, YOUR TIME IS UP. >> $123 PER OPPORTUNITY AND YOU CAN LOOK AT THE CHART. >> THANK YOU. >> THANK YOU. >> NEXT WE HAVE JAMES STEWART. >> GOOD AFTERNOON. MY NAME IS JAMES STEWART AND I LIVE ON HIGHWAY 703833 HIGHWAY OUR FAMILY OWNS A PARCEL OF LAND. IF YOU RECALL, THE LAYOUT OF THE MAP, THERE WAS A L-SHAPED 30 ACRES PLOT THAT WAS NOT INCLUDED IN THE DEVELOPMENT, AND THAT IS OUR LAND.

WE HAVE BEEN THERE FOR ALMOST THREE QUARTERS OF A CENTURY. I GREW UP THERE. MY FATHER, MOTHER, AND SISTER GREW UP THERE AS WELL AND MY CHILDREN HAVE GROWN UP THERE, TOO WITH MY WIFE. WHILE WE REALIZE THE SURROUNDING AREA IS BEING DEVELOPED, WE HAVE NOT ASKED TO BE A PART OF THE ANNEXATION. WE'RE QUITE HAPPY BEING PART OF THE COUNTY AT THIS POINT IN TIME, AND WE DO HAVE, HOWEVER, A FEW CONCERNS ABOUT THE PROPOSED DEVELOPMENT IN HOW IT WILL AFFECT US.

CURRENTLY, WE'RE LAND LOCKED AND WE HAVE ACCESS TO HIGHWAY 70 THROUGH AN EASEMENT THAT GOES THROUGH THE OTHER PROPERTY. I UNDERSTAND THAT IS GOING TO BE DISCONTINUED WHEN DOT EXPANDS HIGHWAY 70, BUT WE, OF COURSE, NEED ACCESS TO GET IN AND OUT OF OUR PROPERTY WHERE WE LIVE. ONE AREA OF CONCERN WOULD BE ABOUT WHO WOULD BEAR THE COST PROVIDING THAT ACCESS. ONE OF THE MAPS SHOWS THAT OUR PROPERTY WOLD E BISECTED BY A ROAD. I'M NOT IN FAVOR OF THAT, VERY NOT IN FAVOR OF AND THIS WE DO NOT WANT TO SEE OUR PROPERTY DIVIDED LIKE THIS.

WE WOULD LIKE TO BE ABLE TO OFFER ALTERNATIVES FOR THE ROAD THAT GOES AROUND OUR PROPERTY. WHILE THERE THE SURROUNDING PROPERTY IS BEING DEVELOPED, WE UNDERSTAND THAT THERE ARE SOME BUFFER ZONES AND WE WOULD LIKE TO HAVE A BUFFER ZONE AROUND OUR 30 ACRES SO THAT DEVELOPMENT IS NOT RIGHT UP TO WHERE WE ARE. I UNDERSTAND SOME OF THE OTHER LAND OWNERS HAVE THAT AS SOMETHING THEY HAVE. I THINK, THE HOUSING DEVELOPMENT NOT TOO FAR HAS SOMEWHAT OF A BUFFER ZONE. THE PEVIOUS PEOPLE MENTIONED ABOUT A -- >> SIR, YOUR TWO MINUTES IS UP.

>> THANK YOU VERY MUCH FOR YOUR TIME. >> THANK YOU. >> IS THERE ANYONE ELSE IN ATTENDANCE THAT WOULD LIKE TO SPEAK? STATE YOUR NAME AND ADDRESS BEFORE SPEAKING. >> MY NAME IS TINA MOTLY PEERSON AND I WAS GOING TO SAY MY WANT TO SAY THANK YOU SO MUCH FOR ALL YOUR WORK BECAUSE I KNOW IT'S LIKE A VOLUNTEER PLANNING COMMISSION, AND SO IT'S EFFORT ON YOUR PART. AND THANKING YOU FOR THE OPPORTUNITY TO TALK TO YOU TONIGHT. SO I ENO YOU'VE SEEN THE SLIDES OF TRIASSIC BASIN SOILS AND MUDDY CREEKS -- >> TIMER START.

>> I'M SORRY. AND USING FLOCCULENTS LIKE ONE OF THE PICTURES SHOWS THAT'S NOT REALLY HELPING EITHER. SOUTHEAST DURHAM IS BUSTING AT THE SEAMS AND AS YOU SEEN TONIGHT BESIDE FOR THE ENVIRONMENTAL IMPACT WE DON'T HAVE THE INFRASTRUCTURE TO SUPPORT ALL THE GROWTH. DO YOU WANT TO GET TO THE NEXT ONE? SO AND I'VE HEARD SOME CITY COUNCIL MEMBERS SAY DURHAM IS LIKE THE FOURTH LARGEST CITY BUT IF WE'RE SO LARGE WE REALLY DO HAVE TO ACT LIKE IT AND WHEN YOU DON'T HAVE PROPER INFRASTRUCTURE, THE RESIDENTS SUFFER.

DO THE NUMBER OF ACCIDENTS GO UP O OR DOWN WHEN YOU ADD MORE PEOPLE TO AN AREA? CLEARLY, THEY'RE GING UP, SO IT'S VERY DIFFICULT FOR EMS WORKERS, FIREFIGHTERS, POLICE, TEACHERS -- AND IT'S A HEAVY BURDEN REGARDING TRAFFIC ISSUES. SO PLEASE, SOMEBODY, PAY ATTENTION TO THE ACCUMULATIVE IMPACTS OF DEVELOPMENT. IT'S NOT JUST THIS BUT IT'S THIS WITHIN AND THIS ONE AND THIS ONE ALL OF THEM TOGETHER AND IT'S NOT JUST TRAFFIC, IT'S ALL KINDS OF INFRASTRUCTURE ISSUES AND THERE'S CLEARLY A DISCONNECT BETWEEN CITY APPROVING DEVELOPMENTS AND THE FAMILIES IN THESE AREAS.

THE CITY NEEDS TO BE SERVED AND THE COUNTY RESIDENTS ALSO NEED TO BE SERVED. FOR EXAMPLE T CITY DOESN'T DECIDE THESE AND THE CITY DOESN'T DECIDE THESE THINGS FOR RESIDENTS, IT'S LIKE A PATCHWORK OF CITY AND COUNTY SO IF THERE'S A PROBLEM DO THE CITY POLICE TAKE CARE OF IT OR DOES THE COUNTY SHERIFF TAKE CARE OF IT? SO MUCH DEVELOPMENT HAS HAPPENED SO FAST THAT SOME OF THE MOST IMPORTANT NEEDS OF THE COMMUNITY HAVE BEEN COMPLETELY IGNORED, AND WHO DOES THIS?

SUCH A LARGE GROWING CITY? WHAT PLANNING DEPARTMENT THINKING THIS IS A HEALTHY WAY TO GROW? IT'S LIKE A CHILD GROWING TO THE SIDE OF ADULT IN A WEEK WITHOUT ALL THE KNOWLEDGE AND WISDOM GAINED THROUGH THE YEARS OF FINE TUNING. THANK YOU VERY MUCH. PLEASE VOTE NO. >> THANK YOU. IS THERE ANYONE ELSE IN THE -- YES. >> HI, I'M JAMES STEWART, SON OF JAMES STEWART WHO PREVIOUSLY SPOKE. P I WANT TO E ECHO FAMILY CONCERNS AND THE WOMAN WHO SPOKE PREVIOUSLY.

I GREW UP IN SOUTH DURHAM AND WE'VE SEEN THIS CHANGE OVERTIME, WE SEEN THE GROWTH. WE APPRECIATE THE GROWTH HOWEVER WE DON'T WANT IT TO GROW EXPO TEN NEN SHALLY. ONE OF THE THINGS MY FATHER WANTED TO BRING UP WAS WILDLIFE CONCERNS. THE IMPACT THAT THAT HAS WE HAVEN'T HEARD TOO MUCH ABOUT THE DEVELOPMENT AND, HOW THAT WOULD AFFECT OR WHAT PLANS ARE IN PLACE TO MEET THE IMPACT OF THE WILDLIFE. WE ALREADY HAVE A LOT OF PROBLEMS WITH DISPLACEMENT, AND THEN NEW DRIVERS ON THE ROAD AND THAT AFFECTS RESIDENTS AS WELL.

AND THEN ANOTHER CONCERN WE HAD IS AWARENESS AND CLARITY FOR CHANGES AS THEY COME. HOPEFULLY THIS WOULD WOULD BE COMMUNICATION MORE THAN JUST MAILERS, BUT MORE DIRECT WITH RESIDENTS THAT ARER IN THE AREA SO THAT WE CAN STAY INFORMED ALONG THE PROCESS. THANK YOU. >> THANK YOU. LAST TIME I'M GOING TO ASK; ANYONE ELSE IN THE AUDIENCE HERE THAT WOULD LIKE TO SPEAK? IS THERE ANYONE ON THE ZOOM? IS THERE ANYONE ON THE VIRTUAL ZOOM PLATFORM THAT WOULD LIKE TO SPEAK ON THIS CASE?

WOULD THE APLICANT LIKE TO COME FORWARD AND ADDRESS ANY COMMUNITY CONCERNS? >> WE'D BE HAPPY TO AND I'LL START WITH THE -- I'D LIKE TO ADDRESS ANY THAT WOULD BE HIGH LIGHTED OR WE CAN GO IN ORDER OF WHAT WE HEARD AND HAVE CONSULTANTS COME UP AND SPEAK IN TURN? >> HOW MUCH TIME DO THEY HAVE? 45 SECONDS ONLY. >> IN THAT CASE I'LL DEFER TO EARL TO SPAK ABOUT INFRASTRUCTURE AND PRIORITY OF WHEN THAT'S EXPECTED. >> GOOD EVENING. EARL WITH KIMLEY-HORN.

THIS PROJECT AS YOU'LL SEE IN PACKAGE HAS A TOTAL 50 OFF-SITE ROADWAY IMPROECHLTS, OFF-SITE AND ON-SITE MAJOR TRANSPORTATION ARTERIES INCLUDING ACC BOULEVARD, NORTHERN DURHAM PARKWAY AND LEESVILLE ROAD REALIGNMENT AS WELL AS OFF-SITE IMPROVEMENTS AT T.W. ALEXANDER, NORTHERN DURHAM PARKWAY ON LEESVILLE ROAD. SO NOT ONLY ADDRESSING THE IMPROVEMENTS ALONG FRONTAGE BUT COMPLETING COMPREHENSIVE TRANSPORTATION PLAN ROADS THROUGH THE PROJECT THAT WOULD OTHERWISE NOT BE BUILT. IF I COULD JUST ADD ONE COMMENT. DOT HAS A PLAN, U 5518 TO CONSTRUCT INTERCHANGES AT BRIER CREEK PARKWAY, TW ALEXANDER AND NORTHERN DURHAM PARKWAY BEGINNING CONSTRUCTION IN APRIL OF '28.

HAPPY TO ANSWER ANY QUESTIONS. >> THANK YOU. AT THIS TIME, THE PUBLIC HEARING IS NOW CLOSED. WE ARE NOW OPEN FOR COMMISSIONER DISCUSSION AND QUESTIONS. VICE CHAIR CHAGARIS. >>, SO FOR THE TRANSPORTATION, THE ROAD PLANS -- YOU GOT TO TURN THAT OFF. OKAY. CAN YOU ADDRESS THE CONCERNS OF JAMES STEWART AND JAMES STEWART JR. ABOUT THE ROAD GOING THROUGH THEIR PROPERTY? >> YEAH, AGAIN RG EARL WITH KIMLEY-HORN. WHAT WE'RE TALKING ABOUT IS THE ALIGNMENT OF ACC BOULEVARD. THE ALIGNMENT WE SHOW ON DEVELOPMENT PLAN WAS INFORMED BY PLANS THAT ARE DEVELOPING AS PART OF THE NCDOT PROJECT.

SO WE SHOW THOSE ALIGNMENTS ON OUR PLAN TO PRELIMINARY ENGINEERING STANDARDS. WE DO NOT PLAN TO BUILD A ROAD ACROSS THEIR PROPERTY. WE CAN ONLY BUILD IT UP TO THEIR PROPERTY. >> SO THAT'S GOING TO LIMIT ACCESS TO THE RESIDENTIAL PART OF THIS PROJECT TO -- I MEAN HOW IS IT BECAUSE IT'S LISTED AS ONE O OF THE ACCESS POINTS. >> NOT SURE I'M FOLLOWING THE QUESTION. >> ACCESS NUMBER THREE. YOU'RE GOING TO COME IN AND DEAD END ACC BOULEVARD AT BOTH ENDS OF THEIR PROPERTY?

>> THAT'S ALL WE'LL BE ABLE TO DO. WE CAN'T CONDEMN THEIR PROPERTY. NOW, OKAY. ACCESS THREE IS STUBBING OUT TO AN ADJACENT DEVELOPMENT, THE TANTY PROPERTY. THAT PROPERTY IS ACTUALLY IN, I GUESS, THE LAST PHASE OF DEVELOPMENT WHICH THEY'RE CONSIDERING RIGHT NOW. SO THE IDEA IS THAT IT WOULD CONNECT VIA ACC BOULEVARD OUT TO TANTY PARKWAY, CORNERS PARKWAY AND ULTIMATELY T.W. ALEXANDER THROUGH THE SERIES OF EXISTING STREETS. >> WITHOUT GOING THROUGH STEWART'S PROPERTY YOU'RE GOING HAVE TWO ACCESS POINTS COMING IN LIKE THIS SO YOUR DEVELOPMENT IS >> THAT'S WHERE ACC BOULEVARD WOULD STOP.

THERE MAY I BE INTERCONNECTION OF STREETS WITHIN THE PODS THAT CONNECT. >> ALL RIGHT THE PROPERTY. >> RIGHT. BUT THAT'S WHERE ACC BOULEVARD HAS TO STOP. AND DOT WOULD HAVE TO AS PART OF THEIR PROJECT, IF IT MOVES FORWARD, FIRST, THEY WOULD HAVE TO PROVIDE ACCESS TO THE STEWART PROPERTY, AS PART OF THE CONDEMNATION OF THEIR ACCESS ON TO 70 THAT EXISTS TODAY. SO THERE WOULD NO BE LAND LOCK. >> SO YOU'RE SAY THEY COULD COME THROUGH WITH EM NANT DOMAIN -- >> CAN YOU PUT THE PICTURE UP FROM YOUR PRESENTATION OF THE SITE SO WE CAN SEE THIS BETTER.

>> POINTER, RIGHT? SO WHAT IS LIKELY TO HAPPEN, GIVEN THE TIMELINE FOR NCDOT IMPROVEMENTS, IS THAT THEY WOULD BUILD SOME PORTION OF NORTHERN DURHAM PARKWAY AND A CONNECTION TO THEIR PROPERTY BECAUSE THEY CAN'T, THEY CAN'T NOT PROVIDE A ACCESS UNLESS THEY BUY THEIR PROPERTY, AND THAT I DON'T THINK IS DOT'S INTENT BASED ON PRELIMINARY CONVERSATIONS. IF WE DEVELOP FIRST AND CONTINUE ACC BOULEVARD ACROSS THIS WAY, WE CAN ONLY EXTEND IT THIS FAR. IF DEVELOPMENT OCCURS FROM THE EAST, WE CAN ONLY EXTEND IT UP TO THAT WESTERN PROPERTY LINE.

DOES THAT HOPEFULLY ANSWER YOUR QUESTION? >> YEAH, SO YOU'RE NOT GOING TO COME THROUGH THE MIDDLE OF THEIR PROPERTY BECAUSE CLEARLY THEY DON'T WANT THAT AND SO IT'S GOING TO STOP -- SO IT WILL GIVE ACCESS TO THEIR PROPERTY SKO THEY WON'T BE CUTOFF BUT THEN THE RESIDENTIAL THAT'S GOING TO SURROUND THIR PROPERTY IS GOING TO BE INTERCONNECTED WITH OTHER SMALLER RESIDENTIAL, SO ACC BOULEVARD ISN'T GOING TO BE -- >> -- THE MAJOR STREET IN THAT AREA -- >> -- NOT A BOULEVARD. >> RIGHT.

ACC BOULEVARD IS A THREE LANE CROSS ACTION -- >> -- WITH A MISSING PIECE. OKAY. THANK YOU. >> ANY ADDITIONAL QUESTIONS, COMMISSIONERS? COMMISSIONER KOPEK. IS YOUR MIKE ON. >> IT IS NOT. THANK YOU. SERIES OF QUESTIONS. FIRST OF ALL, I WAS CURIOUS ABOUT SOME OF THE AFFORDABILITY PROVISIONS INCLUDING THE INTENTION TO HAVE THE AFFORDABLE UNITS SEGREGATED OUT FROM THE OTHER PARTS OF THE DEVELOPMENT. AND ALSO THE LANGUAGE AROUND BUILDING THE FIRST 870 UNITS WITH NO INCOME RESTRICTION BEFORE STARTING WITH THE DEVELOPMENT OF THE AFFORDABLE HOUSING UNITS; COULD YOU CLARIFY THAT FOR ME.

WHY IT'S SEPARATE FROM REST OF THE DEVELOPMENT AND TWO WHAT'S THE REASON BEHIND THIS OTHER STIPULATION ABOUT THE 870 UNITS? >> MARIE FARMER WITH PARKER POE. HAPPY TO ANSWER THAT. AS JAMIE HAD EXPLAINED EARLIER, THE PLAN FOR THE AFFORDABLE UNITS IS FOR THE LAND T SEVEN ACRES TO BE RESERVED SO THAT THE AFFORDABLE UNITS CAN BE BUILT BY OTHERS. THAT WE MET WITH WAS DHIC. WE HAVE MET WITH SEVERAL ENTITIES IN AND AROUND DURHAM THAT HAVE EXPERTISE IN DEVELOPING AFFORDABLE HOUSING; SO THE IDEA HERE IS TO PARTNER WITH SOMEONE WHO CAN BUILD THOSE AFFORDABLE UNITS AND THE REASON FOR THE 870th CO IS BECAUSE THERE NEEDS TO BE A MECHANISM BY WHICH THE CITY CAN DETERMINE WHETHER WE'VE COMPLIED WITH THIS RESERVATION REQUIREMENT.

AARON CAN EXPLAIN HOW THAT MATH TYPICALLY WORKS. >> SURE. I WANT TO MAKE SURE TO FIRST CLARIFY THAT THIS IS NOT THAT THEY AE GOING TO BUILD 870 UNITS FIRST. IT'S THAT THE DEDICATION OF LAND NEEDS TO TO TAKE PLACE PRIOR TO BUILDING OR OCCUPYING THE 870th UNIT. IT COULD HAPPEN AT THE 200th UNIT OR 300th UNIT. THINK OF IT LIKE PRICE IS RIGHT. YOU CAN'T GO ABOVE 870 UNITS BEFORE THEY HAVE TO DEDICATE THAT LAND. THAT TIMING MECHANISM WE TRY TO PUT IN PLACE TO MAKE SURE THAT THE DEVELOPMENT CAN'T BUILD OUT WITHOUT PROVIDING THOSE AFFORDABLE UNITS.

SITUATION WHERE THEY SAY, BUILD, 1,500 UNITS AND THEN DECIDE THEY'RE DONE AND THAT THE AFFORDABLE UNITS WOULD HAVE BEEN ONE O THOSE 175 OF THOSE LAST TWO HUNDRED OR SOMETHING ALONG THOSE LINES. THIS PROVIDES THE APPLICANT AN OPPORTUNITY TO GET SOME CASH FLOW, GET THE PROJECT STARTED BEFORE THE AFFORDABLE UNITS ARE PROVIDED, BUT GTS THEM DONE EARLY ENOUGH THE PROCESS THAT WE CAN ASSURE THAT THEY'LL BE BUILT. >> THANK YOU FOR THAT. NEXT I HAD QUESTIONS ABOUT ENVIRONMENTAL SENSITIVITY AT THE SITE.

I WAS TRYING TO INTERPRET IF THERE'S ANY TENSION BETWEEN THE REQUIREMENTS OF THE COMP PLAN TRANSPORTATION PLAN AND STREAM CROSSINGS. SO IF THERE'S ANYMORE DETAIL YOU CAN PROVIDE THAT AND PLACE TYPE ANALYSIS. ALSO, I'D LIKE TO FOLLOW-UP WITH A RESIDENCE DEBIT QUESTION AROUND THE 100 FOOT BUFFER. IT'S SIGNIFICANT SITE, IT TOOK ME ABOUT 20 MINUTES TO DRIVE ALL THE WAY AROUND IT. I'M CURIOUS IF THERE'S OTHER WORK THAT CAN BE DONE TO MEET CONCERNS AROUND MANAGING THIS SITE GIVEN THE STREAMS AND THE OTHER SENSITIVITIES AROUND THE ENVIRONMENT.

>> YES, SO, WE CERTAINLY UNDERSTAND THAT THE ENVIRONMENTAL CONCERNS, HERE, FROM THE COMMUNITY, ARE IMPORTANT AND ONES THAT WE TOOK SERIOUSLY AND SO IF YOU LOOK AT OUR COMMITMENTS THAT WE'VE SPLIT UP INTO BOTH OF THE DISTRICTS, WE LOOKED AT WAYS WE COULD ADDRESS THIS THROUGH OUR IMPERVIOUS SURFACE, THROUGH TREE COVERAGE, AND THROUGH OU STORMWATER INFRASTRUCTURE. SO THAT INCLUDED INCREASING OUR TREE PRESERVATION IN THE INDUSTRIAL DISTRICT, LIMITING AMOUNT OF IMPERVIOUS SURFACE PERMITTED IN PDR P. SO WE'RE NO IN A WATERSHED PROTECTION OVERLAY.

A LOT OF THE LAND THAT IS IN SOUTHEAST DURHAM IS WITHIN A WATERSHED PROTECTION OVERLAY, AND THIS PROPERTY IS NOT BECAUSE OF O ITS LOCATION FURTHER SOUTH NEAR U.S. 70. HOWEVER, WE UNDERSTAND THAT THAT'S STILL AN IMPORTANT CONSIDERATION AND CONCERN FOR THE COMMUNITY AN SO WE DECIDED TO MAKE THAT REDUCTION IN TERMS OF IMPERVIOUS SURFACE THERE. WE ALSO COMMITTED TO RETAINING FOR THE 25-YEAR STORM IN BOTH DISTRICTS AND INCORPORATED THAT GSI. THOSE WERE THE COMMITMENTS THAT WE FELT WERE IMPORTANT TO ADDRESS THE ENVIRONMENTAL CONCERNS, BUT WE ARE UNABLE T PROVIDE ADDITIONAL STREAM BUFFERS AND WE'RE ALSO UNABLE TO ADDRESS HOW THE ROADS WILL CLASS OVER THOSE STREAMS BECAUSE AGAIN AS EARL EXPLAINED THOSE PLANS ARE DOT'S PLANS AND SO WHERE THE ROADS ARE CROSSING PARTICULARLY THE NORTHERN DURHAM PARKWAY, ACC BOULEVARD, AND LEESVILLE ROAD EXTENSION, THOSE LOCATIONS HAVE BEEN DETERMINED BY OTHERS, NOT US, AND SO WE ARE UNABLE TO CHANGE THOSE ALIGNMENTS AS THEY RELATE TO THE STREAMS.

>> BUILDING ON ONE OF THOSE POINTS S THE 25-YEAR THE RIGHT METRIC TO USE VERSUS THE 100-YEAR? >> I'M NOT A STORMWATER ENGINEER SO I'M NOT REMOTELY QUALIFIED TO ANSWER THAT PARTICULAR QUESTION. IT IS 25-YEAR STORM IS ABOVE THE UDO MINIMUM REQUIREMENTS; I CAN SAY THAT. >> DID YOU A FOLLOW-UP. >> HOPEFULLY I CAN ANSWER. I'M KELSEY WESTWOOD WITH KIMLEY-HORN. MARIE TOUCHED ON IT IS LITTLE BIT BUT YOU MENTIONED CTP INTERSECTING SOME OF THOSE STREAMS AND ACC BOULEVARD ALIGNMENT DOES INTERSECT A TREATMENT AS WELL AS CONNECTION OF NORTHERN DURHAM PARKWAY AT U.S. 70 INTERSECTION RIGHT WHERE THE INTERCHANGE IS A STREAM THERE AND UP ON THE NORTHERN PIECE.

AS FAR AS STREAM CROSSINGS GO WE'LL TRY TO MINIMIZE THIS SECTION TO TE EXTENT WE CAN WITH EXTENT WITH DOT AND CITY. AS FOR THE 25-YEAR STORM, THAT IS ABOVE THE -- I KNOW AARON SAID -- BUT ABOVE THE UDO MINIMUM OF 10-YEAR STORM. >> DO Y'ALL HAVE IT RIGHT BUT THIS GOES ABOVE AND BEYOND THE UDO REQUIREMENT IS. >> THAT'S FAIR. >> LAST QUESTION I'LL ASK FOR NOW AND I'LL SPAUZ AROUND POLICY 81 AND THE LOCATION OF THE OPEN SPACE TO ENSURE PROTECTION OF THE ENVIRONMENTAL SENSITIVE AREAS, IT WAS ONE OF THE FOUR WAYS THAT THE APPLICATION DOESN'T COMPLY WITH THE COMPREHENSIVE PLAN AND I WAS SKURS IF YOU CAN CLARIFY AND COMMIT IN A WAY THAT ALIGNS WITH THE STIPULATIONS O OF THE COMPREHENSIVE PLAN?

>> YES, SO ONE OF THE THINGS THAT WE, ADDED AS A CHANGE TO OUR COMMITMENTS IT WAS IN E RELATION TO FEEDBACK THAT WE HAD RECENTLY RECEIVED FROM STAFF, AND SO I DON'T BELIEVE THAT IT WAS REFLECTED IN THE STAFF REPORT, BUT WE BELIEVE IS ADDRESSING POLICY 81, IS OUR COMMITMENT THAT IN BOH DISTRICTS THAT PUBLICLY ACCESSIBLE OPEN SPACE THERE WILL BE A MINIMUM OF AS JAMIE MENTIONED THE 5,500 SQUARE FEET OF THE TWO ACRES THAT WILL BE THAT DOES ADDRESS POLICY 81 AS RELATES TO CREATING LARGE AND CONTINUOUS HABITAT AREAS.

>> STAFF CONCUR WITH THAT? >>, WE CANNOT AT THIS TIME BECAUSE WE DON'T KNOW EXACTLY WHERE THE LOCATIONS ARE AND POLICY 81 TALKS A ABOUT THEM BEING LOCATED ON THE MOST ENVIRONMENTALLY SENSITIVE LANDS. WE DO NOT HAVE A COMMITMENT FOR THAT SO WHILE WE AGREE THAT, THE APPLICANT HS ADDRESSED A STAFF CONCERN OF STAFF THAT THERE BE AT LEAST A MINIMUM SIZING ON THOSE OPEN SPACE COMMITMENTS, WE DON'T KNOW EXACTLY WHERE THOSE ARE GOING TO BE SO WE CANNOT SAY IT COMMITS TO 81.

IT GETS PARTWAY THERE BUT NOT ALL THE WAY THERE FOR US. >> THANK YOU. COMMISSIONER HUYNH. >> A FEW FOLLOW-UP QUESTIONS O ON THE AFFORDABLE HOUSING PART. SO IN THE SECTION WHERE YOU'RE TALKING ABOUT CONVEYING THE LAND C STEFRP L WILL THE LAND BE DONATED FLEE OF CHARGE TO THE AFFORDABLE HOUSING PARTNER? IT SAYS IF THE OFFER IS NOT ACCEPTED WITHIN WHATEVER IT IS, 365 DAYS IT'S GIVEN TO THE CITY; IS THAT ALSO FREE OF CHARGE OR IS THERE A DOLLAR AMOUNT ASSOCIATED WITH THAT?

>> THAT'S TO BE THE COURTROOMED BY WHO THE PARTNER IS. WE EXPLOREDED SEVERAL DIFFERENT WAYS THAT THAT COULD BE PROVIDED AND IT'S REALLY UP TO THE PARTNER THAT WANTS TO OR HOW THEY'RE GOING TO DELIVER THAT. WE DON'T HAVE A COMMITMENT IN EXACTLY HOW THAT DEAL WOULD BE BECAUSE WE DON'T KNOW EXACTLY WHO WE'RE PARTNERING WITH YET AND HOW THAT WOULD GO. ALL OF THOSE GROUPS EXPRESSING A DESIRE TO SEE THE ZONING IN PLACE BEFORE THEY'D BE WILLING TO SIGN ON, BUT THE INTENTION WOULD BE TO PARTNER WITH SOMEBODY SHORTLY AFTER THE ZONING IS APPROVED AND THEN IF WE WERE NOT ABLE TO MAINTAIN THAT PARTNERSHIP, FOR EXAMPLE COULDN'T COME TO TERMS, THEN TH FAIL SAFE IS THAT WE WOULD DONATE IT BACK TO THE CITY FOR THE CITY TO DISPOSE OF IT BUT IT WOULDN'T BE PROPOSE FOR US TO SAY WHAKTLY WHAT THE DOLLAR AMOUNT OF THE TERMS WOULD BE FOR EITHER GROUP UNTIL WE UNDERSTAND WHAT THOSE OBLIGATIONS WOULD BE ON OUR END.

>> GOTCHA. I CAN'T IMAGINE THE PARTNER WOULD WANT TO PAY FOR. I THINK WHAT I'VE SEEN IN PAST DEVELOPMENT AGREEMENTS, USUALLY WHEN A STIPULATION LIKE THAT IS PROFFEREDED, I THINK IT'S LIKE SOMETHING ALONG THE LINES OF A DOLLAR WE WILL CONVEY TO THE CITY THE LAND FOR A DOLLAR, I THINK THAT WAS A COMMON THING I'VE SEEN, SO THAT, YOU KNOW, MIGHT BE SOMETHING FOR YOUR TO CONSIDER. >> THAT MIGHT BE APPROPRIATE AND I DIDN'T WAT TO INTERRUPT YOU BUT I THINK IT'S IMPORTANT THAT MIGHT BE APPROPRIATE IN A DEVELOPMENT AGREEMENT BUT WITH ZONING WE HAVE TO AVOID SOMETHING THAT APPEARS TO BE LIKE CONTRACT ZONING LIKE IF YOU DO THIS I WILL DO THAT AND WHEN WE HAVE TERMS THAT SPELL OUT EXACTLY WHAT THAT WOULD LOOK LIKE FROM A FNANCIAL STANDPOINT IT COULD BE CONSIDERED INAPPROPRIATE AND SO IF WE WERE TO BE ABLE TO PARTNER WITH EITHER AFFORDABLE HOUSING P PARTNER TOR CITY AND COME TO TERMS ON DEVELOPMENT AGREEMENT YOU MIGHT SEE A CLAUSE LIKE THIS BUT IT WOULDN'T BE APPROPRIATE.

FOR A PROFFER HERE. >> GOTCHA. THEN I DON'T KNOW IF I FULLY UNDERSTOOD YOUR ANSWER TO COMMISSIONER KOPEK'S QUESTION AROUND THE THINKING BEHIND SEGREGATING THE AFFORDABLE UNITS FROM THE REST O OF THE DEVELOPMENT? COULD YOU WALK ME THROUGH HOW Y'ALL CAME TO THAT CONCLUSION? >> YEAH. SO ONE OF THE BENEFITS OF HAVING A SITE THIS LARGE IS THAT YOU DON'T OFTEN SEE THE ABILITY FOR PROVIDING AFFORDABLE HOUSING IN THIS MANNER. YOU USUALLY SEE IT AS A PERCENTAGE OF A DEVELOPMENT THAT'S KIND OF BAKED INTO THE REST OF THE PDR SECTION, FOR EXAMPLE, OR YOU USED TO SEE A CONTRIBUTION TO THE CITY ON A PER UNIT BASIS.

SO IT'S UNUSUAL TO BE ABLE TO HAVE THE OPPORTUNITY TO DEDICATE THIS TYPE OF LAND. BUT WHEN YOU LOOK AT THAT AND LOOK AT WHAT WOULD IT TAKE TO DEVELOP A SIGNIFICANT AMOUNT OF THE HOUSING PRODUCT AND IN THIS CASE IT WAS ABOUT 10% OF THE DENSITY WE'RE REQUESTING IT SENDS UP BEING SEVEN ACRES AND YOU WANT THAT TO BE IN SOME AREA WHERE IF WE HAVE A PARTNER THEY HAVE A PARCEL THAT THEY CAN LOOK AT FOR FINANCING, UNDERSTAND HOW THEY'RE COMING INTO, THERE'S NOT THE UNCERTAINTY OF WHO'LL BE BUILDING THE REST OF THESE UNITS, HOW WE INTEGRATE TO HAVING A SEPARATE FEE PARCEL TO RUN PRO FORMA AGAINST JUST AS IF IT WAS A VA CAN PARCEL WE THOUGHT WOULD PUT THE PROJECT IN THE BEST SITUATION O OF HAVING A PARTNER STEP UP INSTEAD OF WORRYING ABOUT THAT MANAGEMENT.

AARON. >> CORRECT ME IF I'M WRONG ON THIS, BUT I'M PRETTY SURE I'M RIGHT. IF AN AFFORDABLE HOUSING DEVELOPER IS GOING TO GO AFTERLY TECH CFHA WOLD REQUIRE THAT TO BE ON A SEPARATE PARCEL SEPARATED FROM THE REST OF THIS AND THAT WOULD HAVE TO BE IN ORDER FOR LIHTC FUNDING. >> THAT WAS A FOLLOWING CONCERN IS I'M ASSUMING THEY'D GO AFTER THE 9% LIHTC WHICH COULD COMPETE WITH CITY AND COUNTY PROJECTS THAT WE HAVE, WHICH I THINK IS ONE OF THE REASONS WE TYPICALLY PREFER TO SEE THE UNITS INTEGRATED INTO THE DEVELOPMENT, BESIDES THAT BEING IDENTIFIED BEST PRACTICE FR HAVING A MIXED INCOME COMMUNITY IS NOT SEG KATING OUT THE UNITS SO I THINK THAT WAS THE PURPOSE OF MY QUESTION THERE.

AND I THINK THOSE WERE ALL THE QUESTIONS. I HAD. THANK YOU. >> THANK YOU. >> ANY OTHER QUESTIONS? NO? YES. >> ONE OF THE CONCERNS THAT WAS POINTED OUT WAS THE OVERSUBSCRIPTION OF THE SCHOOLS IN THE AREA AND THERE WAS A CONTRIBUTION THAT WAS PROFFERED FOR THE PUBLIC SCHOOLS. TYPICALLY IT IS, TENDS TO BE AROUND 500 PER STUDENT AND SO THE PROFFER THERE ACTUALLY COMES OUT TO BE QUITE LOW. IS THAT SOMETHING THAT THE APPLICANT HAS CONSIDERED CONTRIBUTING MORE TOWARDS FOR THIS PROJECT?

>> I COUNT HEAR THE QUESTION AT THE END. >> IS THERE A HIGHER PROFFER THE PUBLIC SCHOOLS GIVEN THE ND THE OVERSUBSCRIPTION AND THE LEVEL PROFFEREDs? >> I THINK WHEN WE CALCULATED IT'S CLOSE TO $600 PER PUPIL AND IF YOU LOOK AT THE BUY RIGHT THAT WHAT COULD BE BUILD THERE IT'S 1,300 HOMES ON LARGER LOTS, AND SO YOU'RE GENERATING ABOUT THE SAME SAME AMOUNT OF STUDENTS WHEN YOU LOOK AT 1750 VERSUS 1314. THERE'S A DELTA THERE BUT WE FEEL THAT NOT ONLY THE PRICE PER PUPIL WE'RE GENERATED BUT IF YOU COULD LIKE AT WHAT COULD BE DOE WITHOUT ANY PROFFER TO THE Durham Public Schools, THAT THIS IS APPROPRIATE.

>> ANY ADDITIONAL QUESTIONS? COMMISSIONERS, ARE WE READY TO MOVE THIS CASE FORWARD? >> CHAIR F I MAY, ONE MORE? >> YES. THERE WAS QUESTIONS RAISED ABOUT BRIER CREEK TAIL AND THERE WERE A FEW DIFFERENT OPTIONS PROPOSED. IS THERE A SCENARIO WITH THIS DEVELOPMENT WHERE THE TRAIL DOESN'T GET BUILT? >> SO THE THREE OPTIONS THAT WE HAVE OUTLINED FOR THE BRIER CREEK TRAIL, A APOLOGIZE, I'M TRYING TO LOCATE IT -- SO WE HAVE THE FIRST ONE IS TO CONSTRUCT AND DEDICATE IT. SECOND ONE IS TO DEDICATE EASEMENT.

AND THEN THE THIRD ONE IS TO CONSTRUCT TEN-FOOT PRIVATELY MAINTAINED PA FACILITY. IT WOULD BE OPTION TWO WITH JUST AN EASEMENT WOULD BE AN OPTION IN WHICH THE DEVELOPER WOULD NOT NECESSARILY BE BUILDING THE GREENWAY; THE CITY WOULD THEN WITH THAT EASEMENT IN PLACE POTENTIALLY MAKE THAT CONNECTION. THE REASON WHY WE'VE CRAFTED THIS LANGUAGE IN THIS WAY IS IF YOU -- AND I CAN ACTUALLY PULL UP HERE TO WHERE THAT -- OH, THE HIDDEN SLIDES ARE GONE. SO I CANNOT.

I WILL JUST GO BACK TO HERE. SO THE TRAIL ACTUALLY RUNS FROM APPROXIMATELY THIS LOCATION ACROSS THIS WAY. SO YOU SEE IT BASICALLY FOLLOWS THIS STREAM FEATURE HERE AND ADDRESSES OR TOUCHES SOME OF THESE OTHER WATER FEATURES O ON-SITE. SO AT THIS TIME, UNTIL WE DIVE INTO THE SITE PLAN AND HAVE MORE OF THE PLANS IN PLACE, WE'RE SIMPLY UNABLE TO DETERMINE WHICH PATH WE CAN MOVE FORWARD WITH. >> SO YOU DON'T KNOW WHICH PATH THE TRAIL WILL TAKE? >> THE TRAIL WILL ALWAYS BE IN THE SAME LOCATION BUT WE E DO NOT KNOW OUT OF THOSE THREE OPTIONS IN COMMITMENT NUMBER 12 ON THE DEVELOPMENT PLAN, THE DEDICATION OF A 10-FOOT GREENWAY EASEMENT WITH THE CONSTRUCTION; THE DEDICATION OF A 30-FOOT WIDE EASEMENT; OR THEN IN LOU OF THE GREENWAY EASEMENT CONSTRUCTING A 10--FOOT MULTIUSE PATH -- THAT WILL BE DETERMINED AT SITE PLAN ONCE WE'VE DONE FURTHER SITE EVALUATION AND DEVELOP.

>> DO WE HAVE A SENSE OF WHICH ONE THE COMMUNITY PREFERS AND IS THERE A REASON WHY YOU CAN'T COMMIT TO THAT ONE NOW IS THAT SOMETHING KI ASK THE COMMUNITY RESIDENTS OR HAVE YOU HEARD THIS FROM THE RESIDENTSES? >> I DON'T WANT TO SPEAK FOR YOU GUYS, I U KNOW YOU DIDN'T WANT THE CONNECTION TO THE TRAIL TO CAROLINA ARBORS OR INTO AN OF THE NEIGHBORHOODS OVER THERE; IS THAT CORRECT? THIS IS QUESTIONS TO THE APPLICANT, NOT TO THE COMMUNITY. SORRY.

WE DO START AND END POINTS IN OUR PROPERTY. THE REASON WE CAN'T QUITE DETAIL WHERE WE'RE GOING TO GO IS WE'RE TRYING TO AVOID STREAMS, AND TOPOGRAPHY AND WE DON'T THE EXACT LAYOUT OF WHAT'S GONG TO BE IN THE PDR OR IL DISTRICT. WE'RE TRYING TO FLEXIBILITY. IF WE'RE ABLE TO BUILD TRAIL AND GET THE PERMITS, WE WILL, BUT IF WE'RE UNABLE THAT'S WHY WE HAVE A 30 FOOT EASEMENT IN CASE THE CITY CAN BUILD IT AND LEAVE ADDITIONAL ROOM FOR GRADING TO HANDLE CHALLENGES.

>> ALL RIGHT. ARE WE READY TO MOVE THIS CASE FORWARD? MAY I HAVE A MOTION TO MOVE THIS CASE FORWARD, PLEASE? >> CHAIR, AS E IT RELATES TO CASE Z2400024, DURHAM GATEWAY AT BRIAR, I MVE WE SEND THIS CASE FORWARD TO CITY COUNCIL WITH A FAVORABLE RECMMENDATION. >> IS THERE A SECOND? >> SECOND. >> I'S BEEN MOVED BY COMMISSIONER KOPEK AND SECONDED BY VICE CHAIR CHAGARIS TO MOVE CASE Z2400024, DURHAM GATEWAY AT BRIER CREEK FORWARD WITH A FAVORABLE RECOMMENDATION TO CITY COUNCIL.

MAY I HAVE THE ROLL CALL VOTE, PLEASE? [ROLL CALL VOTE]. >> THE MOTION FAILS 8-1. >> THANK YOU. NOW WE MOVE ON TO NEXT CASE: 2. Z2400029 / BDG2400013 - COURTYARDS AT OAK GROVE. MAY WE HAVE THE STAFF REPORT, PLEASE? >> THANK YOU, CHAIR. ANDY LESTER WITH THE PLANNING DEPARTMENT. COURTYARDS AT OAK GROVE. THE FOLLOWING TABLE SUMMARIZES THE APPLICATION. THIS SITE IS FOUR PARCELS LOCATED AT 6102, 6124, AND 6202 KINARD ROAD AND 1502 DOC NICHOLS ROAD. THE FOUR PARCELS TOTAL 22.54 ACRES. THE EXISTING ZONING IS RESIDENTIAL RURAL.

THE PROPOSED ZONING IS PLANNED DEVELOPMENT RESIDENTIAL 2.988. IN ORDER TO ALLOW UP TO 67 SINGLE FAMILY AN TOWN HOUSE UNITS LOCATED IN THE JORDAN FALLS/JORDAN WATERSHED PROTECTION OVERLAY WATERSHED DISTRICT B OVERLAY. THE EXISTING ZONING IS RESIDENTIAL RURAL. THE PROPOSED ZONING IS PLANNED DEVELOPMENT RESIDENTIAL 2.988. THE SITE IS SURROUND BY RESIDENTIAL RURAL AND PLANNED DEVELOPMENT RESIDENTIAL DISTRICTS. THE AERIAL MAP SHOWS THE GENERAL LOCATION OF THE PROJECT. THE PROPERTY IS CURRENTLY IT'S BOUNDED BY DOCK NICOLES TO THE EAST AND KINARD TO THE SOUTH. FENDOL FARMS.

SINGLE FAMILY AN TOWN HOUSE UNDER CON INSTRUCTION. TO THE NORTH IS SHAWL RIDGE SINGLE FAMILY SUBDIVISION. GENERALLY TO THE WEST IS LARGE SINGLE FAMILY RESIDENTS AND NON-DEVELOPED LOTS. THE PROPERTY IS CURRENTLY DESIGNATED MIXED RESIDENTIAL NEIGHBORHOOD ON THE PLACE TYPE MAP. IT'S GENERALLY CONSISTENT WITH THAT DESIGNATION. ON THE SCREEN YOU'LL SEE NOTABLE COMMITMENTS FROM THE PROJECT. THE APPLICANT HAS INCLUDED TEXTUAL COMMITMENTS INCLUDING: STREET TREES TO BE NATIVE SPECIES, $10,500 CONTRIBUTION TO DURHAM PUBLIC SCHOOLS, $80,000 CONTRIBUTION TO DURHAM HOUSING FUND, DESIGN COMMITMENTS TO HAVE ONE BEDROOM AND FULL BATHROOM ON THE FIRST FLOOR OF EACH UNIT, DESIGN COMMITMENT TO HAVE A MINIMUM OF ONE ON-GRADE ENTRANCE TO THE MAIN ENTRANCE, AMENITY CENTER TO HAVE SOLAR PHOTOVOLTAIC SYSTEM, OPEN SPACE SIZE REQUIREMENTS, THIS IS A SHEET FROM THE TWO ACCESS POINTS ARE INDICATED ON THE DEVELOPMENT PLAN.

ONE ACCESS POINT IS LOCATED TO THE EAST ON DOC NICHOLS ROAD AND ALIGNED WITH ATLAS DRIVE. THE SECOND ACCESS POINT IS LOCATED ON THE SOUTH ON KINARD DRIVE. TEXT COMMITMENT # 16 REQUIRES ONE STUB OUT FOR A PUBLIC STREET ALONG THE WESTERN CARDINAL OF THE SITE ADJACENT TO THE PARCEL REID 164675. THE BUILDING AND PARKING ENVELOPE DOES NOT ENCROACH ON THE STEEP SLOPES, WETLANDS, OR RIPARIAN STREAM BUFFERS ON SITE. A 0.6 OPACITY PROJECT BUFFER IS INDICATED AROUND THE PERIMETER OF THE SITE. NEIGHBORHOOD MEETINGS WERE HELD IN ACCORDANCE WITH THE NEIGHBORHOOD MEETING GUIDELINES ON MARCH 13, 2025 AND MAY 22, 2025.

ONE COMMENT WAS RECEIVED BY STAFF IN RELATION TO THIS CASE ON THE DURHAM REZONING EXPLORER. THE COMMENT SUPPORTS THE PROJECT WITH MODIFICATIONS. THE PROPOSAL IS CONSISTENT WITH THE PLACE-TYPE MAP DESIGNATION OF MIXED RESIDENTIAL NEIGHBORHOOD AS IT PROVIDES A POTENTIAL MIX OF ACCESSIBLE SINGLE-FAMILY AND/OR TOWNHOUSE UNITS. THE PROPOSAL IS CONSISTENT WITH 19 OF 28 APPLICABLE COMPREHENSIVE POLICIES. STAFF AND THE APPLICANT ARE AVAILABLE TO ANSWER ANY QUESTIONS. THANK YOU. >> THANK YOU. AT THIS TIME T CAIR IS OPENING THE PUBLIC HEARING. MAY WE HAVE THE APPLICANT COME FORWARD, PLEASE?

>> THANK YOU FOR THE PRESENTATION. GOOD EVENING. NIL GHOSH, ATTORNEY AT THE MORNINGSTAR LAW GROUP AT 700 WEST MAIN STREET IN DURHAM. I'M REPRESENTING THE APPLICANT FOR THIS PROJECT WHICH IS EPCON COMMUNITIES. FOR THOSE OF YOU WHO MIGHT NOT BE FAMILIAR WITH THEM, THEY'RE BASED OUT OF OHIO BUT THEY'VE HAD A LONG-STANDING PRESENCE IN DURHAM BEEN BUILDING FOR OVER A DECADE HERE AND THEIR LOCAL TEAM -- WELL, I GUESS THEY'RE LOCAL, MR. MON TEZ HAS BEEN MY PRIMARY CONTACT, HE LIVES OFF OF SHERRON ROAD MAYBE LESS THAN A MILE FROM THIS SITE AS THE CROW FLIES SO HE'S VERY FAMILIAR WITH THE AREA.

YEARS AGO EPCON BUILT ALMOST EXCLUSIVELY AGE-RESTRICTED COMMUNITIES BUT THEY ADAPTED THEIR MODEL TO THE NEEDS OF OUR COMMUNITY. THEY'RE PRODUCT CATERS TO OLDER BUYERS BUT THE COMMUNITIES ARE NOT A AGE RESTRICTED. THEIR COMMUNITIES IN DURHAM ARE GREAT FOR BUYERS ACROSS THE RANGE WHETHER O OLDER, FIRST-TIME BUYERS OR STARTING A FAMILY. THIS PROJECT WILL BE NO DIFFERENT THOUGH SIT ON THE SMALL SIDE. JUST SOUTH OF THE COMMUNITY EPCON IS MARKETING THE COURTYARDS AT OAK GROVE COMMUNITY AND I THEY CONTEXT IS IMPORTANCE BECAUSE IT HELPS EXPLAIN THEIR VISION.

THE PROPOSED DEVELOPMENT HERE WILL ACT AS A PHASE II OF THE EXISTING COMMUNITY CURRENTLY BEING BUILT AND MY UNDERSTANDING IS THEIR WORK THERE IS WHY THIS OPPORTUNITY CAME TO THEM. AS I MENTIONED AT ONLY 22 ACRE THIS IS SECTION IS RATHER SMALL FOR A STAND ALONE PROJECT. THERE ARE SOME STEEP SLOPES AND ENVIRONMENTALLY SENSITIVE AREAS WHICH EPCON IS COMPLETELY AVOIDING. EVEN SO, WE'RE PROUD TO BE ABLE TO OFFER TWO HOUSING TYPES ACROSS THE 67 ADDITIONAL UNITS AND BASED ON THE FEEDBACK WE RECEIVED DURING THE OAK GROVE REZONING, EPCON IS STARTING THEIR SMALLER DENSER PRODUCT TYPE FOR THIS COMMUNITY AND WE'RE NOT SURE WHAT THE MIX BETWEEN THE HOMES WILL BE BUT WE KNOW BOTH WILL BE BUILT -- I THINK THE STAFF REPORT CORRECTLY OR FAIRLY POINTS OUT THERE'S NOT NECESSARILY A COMMITMENT OR GUARANTEE THAT THERE IS A MIX O OF HOUSING TYPES SO I WOULD LIKE TO ADD A COMMITMENT THAT AT FULL BUILDOUT THERE WILL BE AT LEAST TWO HOUSING TYPES -- TOWNHOMES A AD SINGLE FAMILY -- JUST TO PUT.

SOME MORE CERTAINTY ON THAT POINT. YOU KNOW, I DON'T REALLY KNOW WHAT THE NUMBER IS SO JUST TO MAKE THAT A FIRM COMMITMENT WE'LL SAY THERE WILL BE A MAIN MUM OF AT LEAST TEN OF EACH JUST SO YOU KNOW THERE WILL BE SOME THAT ARE BUILT. I THINK WE EXPECT THE FULL BUILDOUT OF THE SITE TO BE CLOSER TO THE 50/50 BUT NOT EXACTLY SURE WHAT IT'S GOING TO BE. SO JUST A QUICK NOTE TRUE TO THEIR HISTORY EPCON MADE SPECIFIC DESIGN COMMITMENTS ON THIS PROJECT WHICH SPEAK SOT ACCESSIBILITY-FRIENDLY NATURE OF THEIR HOMES.

EVERY DWELLING UNIT WILL HAVE A BEDROOM AND FULL BATH ON THE MAIN FLOOR AND EVERY DWELLING UNIT WILL HAVE AT LEAST ONE ON-GRADE ENTRANCE TO THE MAIN INTEREST. THIS H PROVIDES FIRST-FLOOR LIVING WITHOUT STAIRS. SOLAR CONDUIT IN EVERY UNIT. THEY HAVE A SALES AND MARKETING CAMPAIGN TO PROMOTE THE ADOPTION OF SOLAR BY THEIR BUYERS WHICH INCLUDING DEMONSTRATING SOLAR'S USEFULNESS. POTENTIAL BUYERS.IR BUYERS OR E FINAL LYRIC I WANT TO POINT OUT THEY HAVE COMMITTED TO PROVIDING MONETARY CONTRIBUTIONS TO DPS AND THE DEDICATED HOUSING FUND.

I THNK BOTH ARE FAIRLY SIGNIFICANT FOR PROJECTS OF THIS SIZE WHICH IS A GOOD THING. ULTIMATELY, THIS IS A SMALL INFILL PROJECT THAT MAKES SENSE AS A STAFF REPORT INDICATES THE ASK IS CONSISTENT WITH PLACE-TYPE MAP. I THINK IT'S WORTH NOTING WE DID HAVE TWO NEIGHBORHOOD MEETINGS. OUR NEIGHBORS TO THE MEDIATE WEST WITH THE ONLY FOLK WHO IS ATTENDED EITHER OF THOSE MEETINGS AND IN-BETWEEN THOSE TWO REQUIRED MEETINGS WE MAINTAINED AN OPEN LINE OF COMMUNICATION WITH THEM. I THINK YOU HARD ON THE DURHAM REZONING EXPLORER THERE WAS ONE COMMENT, IT WAS FROM ONE OF THESE NEIGHBORS.

SO WE'VE MAINTAINED AN OPEN LINE OF COMMUNICATION WITH THEM. IT'S MY UNDERSTANDING THEY ARE SUPPORTIVE OF OUR COMBP INITIALLY THEY EXPRESSED CONCERNS WITH CONNECTIVITY. WE'VE ADDRESSED THOSE CONCERNS. WE'VE ADDED A TEXT COMMITMENT TO THEIR AFFECT AND THEY PROESHTED LIKE OUR NEIGHBORS I HOPE YU ALL WILL BE ABLE TO SUPPORT THE PRODUCT AS WELL. OUR TEAM IS AVAILABLE FOR QUESTIONS. THANK YOU FOR YOUR TIME TONIGHT. >> THANK YOU. WE JUST HAVE ONE GROUP, AGAIN, THAT'S GOING SPEAK, RIGHT. WHENEVER YOU ALL ARE READY.

>> GET IT UP FOR ME SO I DON'T -- THANK YOU. OKAY. WILLIAMS, GATEWAY, COURTYARD. OKAY. YES, I'M READY. I'M WANDA ALLEN, MY ADDRESS IS ON FILE. I WANT YOU TO TAKE A LOOK AT THIS SLIDE. IT BASICALLY IS STATING OUT OF THE 11 DEVELOPMENTS ON DOC NICHOLS ROAD, THERE ARE EIGHT UNDER CONSTRUCTION AND TWO OTHERS ARE STILL REZONING PRO. OF ALL THE DEVELOPMENTS ARE CONSIDERED HIGH DENSITY WITH MINIMUM UDO REQUIREMENTS. DOC NICHOLS IS HAS NARROW LANES, THE SHOULDERS OF THE ROADS ARE NOT CONSISTENT WHICH MAKES IT DANGEROUS FOR INDIVIDUALS TO DRIVE, WALK, AND SIDEWALKS ARE NOT CONSISTENT.

THERE ARE CRITICAL CONCERNS HERE WITH THE ENVIRONMENTAL AND THE INFRASTRUCTURE. WE DON'T NEED MINIMUM ANYMORE; WE NEED -- THIS PROJECT E SHOWS MINIMUM BUFFERS, TREE PRESERVATION, AND OPEN SPACE, ALLOWING 70% OF SURFACE. THERE IS A NEED FOR THIS DEVELOPMENT AND FOR ALL APPLICANTS TO GO AHEAD AND EXCEED THE BASIC UDO. WE DON'T NEED ANYMORE MINIMUMS. WE NEED DEVELOPMENTS THAT PROVIDES ENHANCE STREAM WATER MANAGEMENT, RETAINING EXISTING TREE COVERAGE. IT'S LIKE SAND THAT YOU ARE ACCEPTING MINIMUM HEALTH CARE OR ACCEPTING MINIMUM FOR YOUR CHILDREN.

REMEMBER, EVERY TIME YOU VOTE YES, YOU'RE STATING THAT THE MINIMUM IS ACCEPTABLE TO YOU AND CITIZENS IN DURHAM AND SHOULD NOT -- WE SHOULD NOT BE EXPECTING TO ACCEPT THE MINIMUM. THIS BAY SICKLY IS TELLING YOU -- BASIC SLI TELLING YOU THE EXISTING SLIDES, EXISTING SHOWS YOU THAT IT'S NOT HIGH DENSITY AND THEIR PROPOSED UDO ZONING IS NOT GOING TO BE HIGH DENSITY. THANK YOU. >> ALL RIHT, GOOD EVENING AGAIN, PAMELA ANDREWS, WAKE FOREST HIGHWAY. GOOD EVENING. WE APPRECIATE YOU BEING HERE TONIGHT.

THE LONG TERM SEDIMENT POLLUTION SUCH AS WHAT SOUND RIVERS HAS DOCUMENTED HAS KILL AN AQUATIC E ECOSYSTEM. CONCERNINGLY AND DESPITE DEFENSIVE NATURE OF THIS AREA DEVELOPERS HAVE NOT COMMITTED TO GOING ABOVE AND BYOND FOR UDO REQUIREMENTS. THIS BARE MINIMUM APPROACH WILL PERPETUATE STATUS QUO OF WATER QUALITY POLLUTION. EVERY SINGLE HOUSING DEVELOPMENT APPROVED IN THIS SMALL SUB WATERSHED HAS BEEN SEWLY RESIDENTIAL, CAR DEPENDENT, URBAN SPRAWL WITH WITH MINIMUM AFFORDABLE HOUSING PROFFERS AND LITD UNTIL THE WAY OF CONTRIBUTIONS TO OUR SCHOOLS AND OTHER NECESSITIES.

DEGRAGS OF LICK CREEK IS TRULY UNBELIEVABLE. THE SEDIMENT LEAVING THIS SITE WILL TRAVEL THROUGH SMALL TRIBUTARIES MAKING IT WAY TO THE LAKE IN JUST FOUR MILES. VIOLATION OF CAREEN WATER ACT OF 1972. LAWSUIT IS STILL MOVING FORWARD BUT IT STILL DOESN'T STOP DESTRUCTION. DURHAM COUNTY IS UNVEILING THE ALGAE TURF SCRUBBER COSTING MILLIONS O OF DURHAM TAXPAYERS BECAUSE DEVELOPMENT HAS DESTROYED FALLS LAKE. MASS GRADING, CLEAR CUTTING, BLASTING IS CAUSING SEDIMENT POLLUTION IN OUR STREAMS, WETLANDS AND LAKES. 32% OF THESE POLICIES, EIGHT OUT OF 26 WILL BE MET AT SITE PLAN WHICH MEANS IT'S AN AUTOMATIC APPROVAL.

24% O OF THE COMPREHENSIVE PLAN POLICIES WERE NOT MET. WE REQUEST NO BLASTING. 100-YEAR STORMWATER RETENTION POND. PROVIDE INNOVATIVE STORMWATER MANAGEMENT PRACTICE. AND THERE'S A NEIGHBOR ACROSS THE STREET WHO HAS BEEN BLASTED ON HER NORTH, SOUTH, EAST, AND WEST. GO SEE HER. IT'S UNBELIEVABLE. THANK YOU. >> GOOD AFTERNOON. I'M PAM WILLIAMS. DOC NICHOLS ROADS AS HAS BEEN STATED PREVIOUSLY, IT HAS JUST SUR COME TO SO MANY DEVELOPMENTS IN THE LAST 3-5 YEARS. SEVERAL DEVELOPMENTS WE HAVE THEM NUMBERS 1-11. TREE OF THE DEVELOPMENTS HAVE NOT STARTED YET; HOWEVER, EIGHT HAVE.

NCDOT TRAFFIC HAS INCREASED FROM 2021 TO 2023 ON DOC NICHOLS ROAD BY 122%. NORMALLY THEY GROW THE TRAFFIC ONLY 3 E%. MY QUESTION IS HOW MUCH WILL THE TRAFFIC INCREASE WHEN THOSE 32 DEVELOPMENTS THAT'S IN THIS AREA -- WHICH SOME OF THEM WILL TRAFFIC ON DOC NICHOLS -- HOW MUCH WOULD THAT INCREASE DOC NICHOLS. JUST WITH THIS ADDED DEVELOPMENT PLUS EXISTING, MAYBE AROUND 11,000. WHAT IS ACCUMULATIVE IMPACT ANALYSIS FOR THIS AREA? NO ONE KNOWS BECAUSE IT HASN'T BEEN DONE. OKAY. NEW DEVELOPMENTS AVERAGE ANNUAL DAILY TRAFFIC IN DURHAM LICK CREEK AND BRIER CREEK, THIS WAS SHOWN ON THE PREVIOUS ONE.

I JUST WANT TO REEMPHASIZE THAT GATEWAY AND COURTYARD AT COKE GROVE IS VERY CLOSE TO EACH OTHER. THESE 20, 32 SITES THAT ARE UNDER CONSTRUCTION OR HAVE BEEN BUILD OUT SINCE '23 IS GOING TO IMPACT THIS ENTIRE AREA FOR -- AND WE DON'T EVEN KNOW E HOW BAD AND EVERYTHING. I WANT TO BRING TO YOUR ATTENTION THE ONLY PROJECT FUNDED IN THIS AREA IS 518 IS WHAT WAS TALKED ABOUT ON THE PREVIOUS BUT ALSO WANT YOU TO KNOW THAT IN 2018, THIS PROJECT WAS FUNDED, OKAY.

IT'S NOW FUNDED FOR 2028. THAT DOESN'T MEAN IT'S GOING TO OCCUR IN 2028. WE HAVE NO TRANSPORTATION IMPROVEMENT PROJECTS OUT IN THIS AREA AND WE BEG O OF YOU TO TALK TO YOUR PEOPLE AND EVERYONE TO PUSH IT. WAKE FOREST, WHY ARE THEY LOOKING AT A TOLL ROAD? IT'S BECAUSE THE MAYOR IS PUSHING IT. THE PLANNING DEPARTMENT'S PUSHING; SOMETHING TO BE DONE ON U.S. 1. >> OKAY THANK YOU. >> OKAY. THANK YOU. >> TAMMY SWAY YEAH BAPTIST ROAD TALKING ABOUT INFRASTRUCTURE. YOU'VE HEARD ABOUT THE RESPONSE TIMES.

YOU'VE HEARD ABOUT THE ARTICLE RECENTLY OF WE DON'T HAVE LADDER TRUCKS IN STATIONS EIGHT. BUT I WANT TO GO A LITTLE BIT MORE INTO THIS ARTICLE THAT WAS DONE JUST RECENTLY, JUNE 5TH WHERE THE DIRECTOR OF DURHAM EMERGENCY SERVICES SAYS THAT THEY'VE GOT A PROBLEM. THEY HAVE A CRISIS. HE SAID THEY'RE GOING TO HAVE RECORD NUMBER OF 911 CALLS THIS YEAR, LIKE 60,000, IN THE BUDGET THERE IS 12 NEW ROLES, BUT IT'S STILL NOT GOING TO SERVICE ALL THE GROWTH IN SOUTHEAST DURHAM.

THIS COURTYARD WILL CONTRIBUTE TO 152 MORE PEOPLE ALREADY ON A VERY DENSE, YO KNOW, ROAD, DOC NICHOLS WITH 11 DEVELOPMENTS. IN THIS ARTICLE HE ALSO SAID THAT, AND REMEMBER THIS IS JUNE 5TH. HE SAID LAST WEEK WE HAD TO HOLD 35 CALLS ON THE DAY SHIFT BECAUSE THEY DIDN'T HAVE EMS TO RESPOND. 5-7% OF 911 CALLS ARE HELD BECAUSE THEY DON'T HAVE THE CAPACITY TO RESPOND. YOU'RE HAVING A HEART ATTACK, YOU CALL 911, YOU HAVE TO HOLD. LAST YAESHG MY DAUGHTER HAD HER FIRST SEIZURE.

COUNT GET AN ANSWER FROM T 911. I'VE LIVED IT AND YOU COULD LIVE IT. WE GOT TO TAKE CARE AND THINK ABOUT OUR INFRASTRUCTURE AND TAKE CARE OF OUR CITIZENS. THANK YOU. >> THANK YOU. >> EXCUSE ME. I THOUGHT IT WENT DOWN. >> OPPOSITE WAY? >> THERE IT IS. EXCUSE ME. GOOD AFTERNOON, I'M DONNA STAINBACK AND I SPOKE EARLIER ON THE MEDICAL SITUATION AND THE EMS, EMERGENCY ROOMS, AND THE ROOMS AVAILABLE AND THE TECHNOLOGY. I WOULD LKE TO GO TO THE NEXT SLIDE AND ADDRESS A LITTLE BIT ABOUT WHAT'S GOING ON WITH THE SCHOOL SYSTEM.

OKAY, ACROSS THE TOP ON THIS CHART, YOU CAN SEE IS 556 FOR THIS SPRING VALLEY CAPACITY AND THE MIDDLE SCHOOL CAPACITY, AND THE SOUTHERN CAPACITY. THE NEXT LINE DEALS WITH THE ENROLLMENT AS OF SEPTEMBER 24TH. THEN WE TOOK LIKE SEVEN SAMPLES OF DEVELOPMENTS OF THE 32 THAT PAM SHOWED YOU, AND THAT'S ONLY 22% OF THE APPROVED DEVELOPMENTS AND CAME UP WITH 1,353 STUDENTS FOR THE ELEMENTARY; 1,011 FOR MIDDLE SCHOOL, AND 1,763 FOR SOUTHERN. CAPACITY AT THE BOTTOM SHOWS JUST WITH THE SEVEN DEVELOPMENTS THAT WE'RE AT 243.9% OVER OF CAPACITY OR 124.8% OR 114.5%.

THE PROFFER FOR THIS PARTICULAR PROJECT WAS 875 PER STUDENT. OKAY. THANK YOU. >> HI, MY NAME IS TINA MOTLY PEERSON, I'M ON OLIVE BRANCH ROAD. SO LET ME FIRST OF ALL ECHO THE MINIMUM ENVIRONMENTAL PROTECTIONS FOR THIS PROJECT. AND AGAIN, YOU KNOW, WE HAVE TRIASSIC BASIN SOILS IN THIS AREA, AND IT'S DIFFICULT TO BUILD IN THIS AREA WITHOUT NEGATIVE IMPACTS BECAUSE THE SOILS ARE EXCEPTIONALLY EROSIVE WHICH IS WHY WE SHOULD REALLY BE CONSCIENTIOUS REGARDING HOW MUCH DEVELOPMENT SHOULD BE PERMITTED IN THE WATER SUPPLY WATER SHE'D OF FALLS LAKE.

AGAIN, WE DON'T HAVE THE INFRASTRUCTURE TO SUPPORT ALL THIS GROWTH. I CANNOT STRESS THIS ENOUGH. PERMITTING MORE DEVELOPMENT DOESN'T FIX THE PROBLEMS WITH THE LACK OF INFRASTRUCTURE. DISCONNECT BETWEEN CITY AND COUNTY NEEDS TO BE ADDRESSED. THE RIGHT HAND DOES NOT KNOW WHAT THE LEFT HAND IS DOING. EMS SERVICES, POLICE, FIREFIGHTERS, OVERCROWDED SCHOOLS, TRAFFIC ISSUES; THESE ISSUES NEED TO BE ADDRESSEDED BEFORE WE JUST KEEP PERMITTING MORE DEVELOPMENT. DEVELOPERS WANT THEIR PROJECTS PUSHED THROUGH, THAT'S UNDERSTANDABLE, BUT THEY DON'T LIVE IN THIS AREA. PLEASE TAKE THE ACCUMULATIVE IMPACTS OF ALL THIS DEVELOPMENT INTO ACCOUNT AND VOTE NO ON THIS PROJECT.

THANK YOU VERY MUCH. >> THANK YOU. IS THERE ANYONE ELSE IN ATTENDANCE THAT WOULD LIKE TO SPEAK ON THS CASE? IS THERE ANYONE ON THE ZOOM THAT WOULD LIKE TO SPEAK THON CASE? -- SPEAK ON THIS CASE? PLEASE RAISE YOUR HAND. AT THIS TIME T THE PUBLIC HEARING IS NOW CLOSED. WE ARE NOW OPEN FOR COMMISSIONER DISCUSSION AND QUESTION. VICE CHAIR CHAGARIS. >> I HAE A QUESTION FOR THE APPLICANT. BASED ON THE ALREADY-EXISTING PROJECT NEXT TO THIS ONE, CAN YOU TELL US IF BLASTING IS GOING TO BE NECESSARY?

>> OH, IT'S A GOOD QUESTION AND I DON'T KNOW THE ANSWER TO IT. >> WAS BLASTING REQUIRED FOR THE -- >> I DON'T KNOW, ACTUALLY, IF BLASTING WAS REQUIRED FOR THE OAK GROVE COMMUNITY; I DON'T KNOW. >> [INDISCERNIBLE]. >> OKAY. THANK YOU. >> FOLLOW-UP. IF BLASTING IS REQUIRED, WHAT MEASURES DOES THE APPLICANT TAKING TO ENSURE THE SAFETY OF THE SURROUNDING HOUSES, IF THEY'RE DAMAGED? >>, YEAH, I MEAN BLASTING IS A HIGHLY-REGULATED ACTIVITY THAT REQUIRED PERMIT AND SEPARATE APPROVAL AT THE COUNTY LEVEL.

I DON'T KNOW SPECIFIC -- I KNOW THEY HAVE TO DO PREBLASTING INSPECTION, OFFER POST-BLASTING INSPECTIONS AND NOTIFY CASE. BEYOND THAT, I DON'T REALLY KNOW -- I MEAN THERE'S NO SPECIFIC PLAN TO BLAST AT THIS LOCATION, SO I CAN'T REALLY ANSWER THE QUESTION WITHOUT ANY SPECIFICS. >> OKAY. THANK YOU. >> ANY OTHER COMMISSIONER QUESTIONS? I'M SORRY, I SHOULD HAVE ALLOWED YOU TO RESPOND TO THE COMMUNITY CONCERNS BEFORE I CLOSED THE PUBLIC HEARING. DID YOU WANT TO -- >> SURE, I'M HAPPY TO RESPOND.

YOU KNOW, I THNK A FEW FOLKS MENTIONED WE DON'T NEED HIGH DENSITY HOUSING IN THIS AREA AND I WOULDN'T DESCRIBE 2.988 DENSITY AS HIGH DENSITY. THERE WAS A LOT OF FOCUS ALSO, I THINK, ON WHETHER THIS PROJECT IS COMMITTING TO SOMETHING BEYOND THE UDO REQUIREMENTS. SO JUST COUPLE THINGS I WANTED TO POINT OUT. WE ACTUALLY ARE COMMITTING TO OVER WHAT IS REQUIRED IN THE UDO FOR TREE COVER BECAUSE IN THIS CASE SPECIFICALLY WE'RE COMMITTING TO TREE PRESERVATION RATHER THAN REBLANTING. OBVIOUSLY THE UDO REQUIRES BOTH.

SO THE AMOUNT OF TREES WE'RE NOT NECESSARILY OH OVER BUT WE'RE COMMITTING TO TREE PRESERVATION. AT 67 UNITS THIS, PROJECT ISN'T PRODUCING A TON OF TRAFFIC, BUT I DO RECOGNIZE THERE IS A LOT OF DEVELOPMENT GOING ON IN THE AREA. AND SO I CAN UNDERSTAND THE TRAFFIC CONCERNS. THAT HAVING BEEN DAD SAID, I THINK FOCUSING ON NCDOT PROJECT THAT WAS PREVIOUSLY IS FUNDED FOR SOME OTHER TIME IS KIND OF INACCURATE BECAUSE IF YOU DROVE THROUGH THEIR AREA TODAY THERE ARE A LOT OF ROAD IMPROVEMENTS IN THAT AREA ACTUALLY.

THAT'S NOT NECESSARILY NCDOT DOING THEM BUT TO SUGGEST THERE HAVE BEEN NO IMPROVEMENT TO THE ROAD NETWORK IS FALSE. THAT'S A LOT OF WHAT THESE DEVELOPMENTS ARE DOING IS PROVIDING IMPLEMENT PROVMENTS TO THE ROAD NETWORK. -- PROVIDING IMPROVEMENTS TO THE ROAD NETWORK. THERE WAS MENTION ABOUT HOSPITALS. RECENTLY THERE WAS SETTLEMENT BETWEEN DUKE AND UNC. IN DUKE OFF OF T.W. ALEXANDER OR SOMETHING LIKE THAT, 102 BEDROOM HOSPITAL. SO, YOU KNOW, I DON'T THINK THIS DEVELOPMENT OR ANY RESIDENTIAL DEVELOPMENT IS NECESSARILY RESPONSIBLE FOR, OR CAN ANSWER TO THE NEEDS O OF THE HOSPITAL, BUT I THINK THOSE POINTS ARE WELL TAKEN AND I THINK THAT THE HEALTH PROVIDERS KIND OF AGREE WITH THAT AND THAT'S WHY THEY ARE INVESTING IN A NEW HOSPITAL IN DURHAM AND THEN YOU PROBABLY ALSO HEARD THERE IS ALSO GOING TO BE A CHILDREN'S HOSPITAL GOING TO BE BUILD BETWEEN DUKE AND UNC.

I DON'T KNOW WHERE THAT IS, NOT SURE IF THAT'S BEEN REPORTED. AND AS I MENTIONED EARLIER, OUR CONTACT, JUAN, LIVES IN DURHAM OFF SHERRON ROAD RIGHT OFF THIS LOCATION. HE'S FAMILIAR WITH WHAT'S GOING ON. THERE'S A LOT OF DEVELOPMENT BUT ONE THING THAT CANNOT BE OVERSTATED IS THIS PROJECT MATCHES THE PLACE-TYPE MAP AND COMP PLAN. THE COMP PLAN WAS ADOPTED RECENTFULLY OCTOBER 2023. THIS PROJECT FITS THAT VIEW, RIGHT, SO THIS IS A GOOD PROJECT PER THE COMP PLAN AND SIT A SMALL INFILL PROJECT.

I THINK A LOT OF THE CONCERNS THAT WERE RAISED BY SOME OF THE SAME SPEAKERS FOR THE GATEWAY PROJECT MIGHT MAKE SENSE IN CONTEXT OF LARGE DEVELOPMENT LIKE THIS -- THIS IS 67 UNITS AND INFILL SITE ADJACENT TO AN AREA WHERE THEY'RE ALREADY BUILDING. IT'S NOT TE SAME THING. IT'S NOT APPLES-TO-APPLES AT ALL. THOSE ARE MY RESPONSES TO WHAT I HEARD FROM THE NEIGHBORS. >> THANK YOU. >> THANK YOU. >> ANY OTHER COMMISSIONER QUESTIONS? ARE WE READILY TO MOVE THIS PROJECT FORWARD?

DO YOU HAVE A QUESTION? >> I APPRECIATE THE TREE PRESERVATION, BUT DO THINK IT'S WORTH NOTING THAT THESE ARE OPPORTUNITIES TO GO BEYOND THE MINIMUMS AND THE COMP PLAN CALLS FOR THESE SORTS PROJECTS TO GO BEYOND THE MINIMUM FOR OPEN SPACE AND TREES. ALSO T HAVE PUBLIC ACCESS TO OPEN SPACE AND THERE'S OTHER AREAS THAT STAND OUT LIKE POLICY 165 LIKE WE SHOULD AVOID CREATING DOUGHNUT HOLES. YOU TALK ABOUT INFILL AND BEING CONNECTED TO THSE OTHER DEVELOPMENTS BUT ACCORDING TO THE APPLICATION REVIEW, IT IS KIND OF DISCONNECTED FROM OTHER CITY PROPERTIES AT THIS TIME.

SO I DON'T THINK -- ALSO WE'VE SEEN PLENTY OF OF PROJECTS COME THOUGH THIS BODY AS WELL THAT ARE OF THIS SIZE AND STILL MANAGE TO DEDICATE ACTUAL AFFORDABLE UNITS. I APPRECIATE THE CONTRIBUTION TO THE DEDICATED HOUSING FUND, BUT THIS STARTS TO GET AT A SCALE WHERE WE'VE SEEN PROJECTS COME IN WITH AFFORDABLE HOUSING UNITS INTEGRATE INTO THE PROJECT RATHER THAN JUST THE CONTRIBUTION. BUT I THINK YOU'VE ALREADY ADDRESSED THE QUESTION ABOUT THE MINIMUM OPEN SPACE AN TREES. I WONDER ABOUT THE PUBLIC ACCESS AND ALSO ABOUT THE DOUGHNUT HOLE L IF YOU HAVE ANY THOUGHTS ON THOSE.

>> I WOULD DISAGREE WITH THE CHARACTERIZATION OF A DOUGHNUT HOLE. IS NOT A SATELLITE ANNEXATION, IT'S CONTIGUOUS WITH CITY LIMITS. THERE IS A PARCEL TO SOUTHWEST, AN WE TALKED TO THAT PROPERTY OWNER. THAT PARCEL ACTUALLY EXISTS ON BOTH SIDES OF THE KINARD RIGHT-OF-WAY SO IT'S NOT JUST -- I DON'T KNOW IF THERE -- IF I CAN PULL THE MAP UP. WELL, THERE IS A PARCEL TO OUR SOUTHWEST. IT GOES ACROSS KINARD RIGHT-OF-WAY. SO THAT PARCEL IS NOT -- IT MAY LOOK LIKE TWO PARCELS, IT IS ONE PARCEL.

WE'VE TALKED TO THAT PERSON. THAT THE STAFF REVIEW REFERRED TO, BUT KEEP IN MIND, THIS WHOLE AREA IS A DOUGHNUT HOLE. IF ANYTHING, THIS ANNEXATION REQUEST MAKES THE DOUGHNUT HOLE SMALLER, NOT LARGER. IT'S NOT CREATING A DOUGHNUT HOLE, IT'S MAKING AN EXISTING DOUGHNUT HOLE SMALLER. I DON'T AGREE WITH THAT CHARACTERIZATION. AS FAR AS THE PUBLIC ACCESS GOES, PUBLIC ACCESS TO OPEN SPACE, THE, YOU KNOW, THE SITE IS GOING TO HAVE PUBLIC ROADS AROUND IT. [INDISCERNIBLE] SIDEWALK 10-FOOT MULTIUSE WAT SPAT COMMITMENT WITHIN THE PUBLIC RIGHT-OF-WAY.

OPEN SPACE IS ULTIMATELY MAINTAINED BY THE HOA FOR DEVELOPMENT. FRANKLY THEY'RE NOT GOING TO BE LIKE A PARK-LIKE SETTING. THESE ARE ON THE FRINGES OF THE DEVELOPMENT, RIGHT AND THERE ARE SOME ENVIRONMENTALLY-SENSITIVE AREAS, THAT'S A LOT OF WHERE THE OPEN SPACE IS GOING TO END UP WHICH IS CONSISTENT WITH THE PLAN. THAT THEY'RE NOT PUBLICLY ACCESSIBLE IS REFLECTIVE OF THE FACT THAT THAT'S HOW DEVELOPMENT OCCURS IN AMERICA. IT'S AN HOA DEVELOPMENT, THE HOA OWNS AND MAINTAINS AND UNFORTUNATELY IS LIABLE FOR WHATEVER HAPPENS ON THOE; THEY'RE NOT PUBLIC.

THAT'S HOW ALL DEVELOPMENTS WORK. >> STAFF ANY COMMENT ON THE POLICY 165 AND THE DOUGHNUT HOLE? >> THANKS FOR THE QUESTION. THAT IS REFERRING TO THE PARCEL THAT THE SOUTHWEST OR SOUTHEAST OF DOC NICHOLS. I THINK THAT WAS IDENTIFIED AS THAT REMNANT PARCEL WOULD, YOU KNOW, THE REMNANT PARCEL WOULD BE A DOUGHNUT HOLE OR SATELLITE, BASICALLY. I THINK THAT'S WHAT THAT WAS REFERENCING IN POLICY 165 IS THAT YOU'LL HAVE THAT REMNANT ISOLATED FROM EVERYTHING. >> YEAH. >> THIS DEVELOPMENT IS AT THE CORNER -- THERE ISN'T A PARCEL TO SOUTHEAST.

>> YEAH, ACROSS DOC NICHOLS. >> HOW ARE WE MAKING THAT DOUGHNUT HOLE. I'LL STILL DISAGREE WITH THE CHARACTERIZATION. ALTHOUGH I DID TALK TO THE GUY, HE DUD NOT -- DOES NOT WANT TO BE IN IT. >> TO THE RIGHT. >> I SEE. YOU'RE TALKING ABOUT THAT, KIND OF -- I DON'T KNOW WHAT THEY CALL THAT. >> THAT IS WHAT 165 IS REFERRING TO. >> ACROSS DOC NICHOLS. >> CORRECT, YEAH. >> OKAY. WE DID TLK TO THAT GUY. THAT GUY IS RELATED TO THE SELLERS HERE AND SPECIFICALLY DOES NOT WANT TO BE ANNEXED.

IN FACT, HE CALLED ME UP TO YELL AT ME BECAUSE HE THOUGHT I WAS ANNEXING HIM. >> IF YOU'D LIKE TO PROVIDE US INFORMATION WITH THAT, WE CAN REFERENCE THAT IN THE CITY MEMO. >> I CAN SED YOU THE E-MAIL. >> OKAY. THANK YOU. >> WHOA. THAT WAS COOL. I LIKE THAT. >> ARE THERE ANY OTHER COMMISSIONER QUESTIONS? GOING ONCE. GOING TWICE. YES. >> DOES YOUR PROPOSED DEVELOPMENT INCLUDE BLASTING? >> I DON'T KNOW THE ANSWER TO THAT QUESTION AT T THIS TIME.

WE HAVEN'T DONE ANY SUB SURFACE ANALYSIS TO KNOW WHETHER BLASTING WOULD BE REQUIRED. THAT WILL COME AT A LATER STAGE. >> OKAY. WE'VE HAD PROBLEMS WITH THAT AS FAR AS OTHER DEVELOPERS GOES. WE DON'T HAVE THE INFRASTRUCTURE SUPPORT ENFORCING THOSE THINGS. WHEN A COMPANY OR DEVELOPER DOES BLAST, THERE ARE LIKE YOU SAID, SAFEGUARDS FOR THAT, BUT THEY DON'T FOLLOW THOSE SAFEGUARDS AND THERE'S NOT ENOUGH INFRASTRUCTURE OR ENFORCEMENT OF THE UDO TO OVERSEE IT; SO THAT'S MY CONCERN ABOUT -- YOU DON'T KNOW IF THERE IS BE BLASTING SO THAT'S ANOTHER CONCERN I HAVE.

>> GENERALLY SPEAKING AT THE REZONING STAGE MOST FOLKS RBT GOING TO KNOW IF BLASTING IS REQUIRED BECAUSE OF THE SEQUENCE O OF DEVELOPMENT. THEY HAVEN'T DONE SUB SURFACE EVALUATION TO KNOW IF THE AUGUSTER IS HITTING ROCK AT TWO FEET OR 15 FEET OR WHATEVER SO THAT MAKES IT DIFFICULT TO KNOW AT THIS STAGE WHETHER THERE WOULD BE BLASTING ASSOCIATED WITH IT. >> ANY OTHER QUSTIONS? ARE WE READY TO MOVE THIS CASE FORWARD? IF SO, MAY I PLEASE HAVE A MOTION?

>> CHAIR, AS IT E RELATES TO CASE Z2400029 COURTYARDS AT OAK GROVE, I MOVE WE SEND THIS CASE FORWARD TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION. >> SECOND. >> IT'S BEEN MOVED BY COMMISSIONER KOPEK; SECONDED BY VICE CHAIR CHAGARIS TO MOVE CASE Z2400029, COURTYARDS AT OAK GROVE FORWARD WITH A FAVORABLE RECOMMENDATION. MAY I HAVE THE ROLL CALL VOTE, PLEASE? [ROLL CALL VOTE]. >> MOTION PASSES 7-2. >> THANK YOU. TEN MINUTES BEFORE WE NEED A BREAK. TAKE A BREAK -- KEEP GOING? OKAY. ALL RIGHT. NEXT CASE: 3. Z2400044 - FAYETTEVILLE FLATS.

MAY W HAVE THE STAFF REPORT, PLEASE? >> GOOD EVENING CHAIR CAMERON, VICE CHAIR CHAGARIS, AND PLANNING COMMISSIONERS. MY NAME IS PEYTON BURGESS, AND I AM HERE TONIGHT TO PRESENT Z2400044, FAYETTEVILLE FLATS. THE REQUEST IS FOR 9.77 ACRES LOCATED AT 3707 FAYETTEVILLE STREET TO REZONE FROM RESIDENTIAL URBAN-5 TO PLANNED DEVELOPMENT RESIDENTIAL 22.449 TO ALLOW FOR AN INCOME RESTRICTED MULTIFAMILY APARTMENT DEVELOPMENT OF UP TO 220 UNITS. AGAIN, THE EXISTING ZONING RESIDENTIAL URBAN-5 AND THE REQUEST PROPOSED PLANNED DEVELOPMENT RESIDENTIAL 22.449. THE AERIAL MAP SHOWS THE GENERAL LOCATION OF THE PROJECT.

TO THE SOUTHEAST OF THE SITE IS HILLSIDE HIGH SCHOOL. THE PROPERTY IS CURRENTLY DESIGNATED APARTMENT AND TOWNHOUSE NEIGHBORHOOD ON THE PLACE TYPE MAP. THE PROPOSED ZONING WAS DETERMINED CONSISTENT WITH THE DESIGNATED PLACE TYPE. THE APPLICANT HAS INCLUDED THE FOLLOWING TEXT COMMITMENTS: MAXIMUM OF 220 MULTIFAMILY APARTMENT UNITS, MAXIMUM BUILDING HEIGHT OF 70 FEET, MAXIMUM IMPERVIOUS SURFACE COVERAGE OF 70%, ALL UNITS TO BE ON AVERAGE AFFORDABLE FOR 60% AMI FOR 30 YEARS, ALL REQUIRED PLANTINGS TO BE NATIVE SPECIES, CONCRETE PAD AND BUS SHELTER PER GODURHAM STANDARDS, $9,000 DONATION TO DURHAM PUBLIC SCHOOLS, 10-FOOT WIDE CONCRETE SHARED PATH, TWO SITE DRIVEWAYS.

NEIGHBORHOOD MEETINGS WERE HELD ON DECEMBER 19TH AND MAY 22ND. TWENTY COMMUNITY MEMBERS ATTENDED THE FIRST, AND EIGHT ATTENDED THE SECOND. THERE HAVE BEEN NO COMMENTS RECEIVED ON DURHAM REZONING EXPLORER IN RELATION TO THIS CASE. THE PROPOSAL IS CONSISTENT WITH THE PLACE TYPE MAP DESIGNATION OF APARTMENT AND TOWNHOUSE NEIGHBORHOOD, AND IT IS CONSISTENT WITH 19 OF 20 APPLICABLE COMPREHENSIVE PLAN POLICIES. STAFF AND THE APPLICANT ARE AVAILABLE TO ANSWER ANY QUESTIONS. >> THANK YOU. AT THIS TIME, THE CHIR IS OPENING THE PUBLIC HEARING.

MAY WE HAVE THE APPLICANT, PLEASE? >> THANK YOU FOR THE PRESENTATION. GOOD EVENING, EVEYONE, I'M NIL GHOSH, ATTORNEY AT THE MORNINGSTAR LAW GROUP. I'M REPRESENTING THE APPLICANT FOR THIS PROJECT WHICH IS THE ELMINGTON CAPITAL GROUP. THIS IS NEAR AND DEAR TO MY HEART, I GREW UP IN THIS SECTION OF DURHAM AND STILL LIVE IN THE AREA TONIGHT. I CAN WALK THERE FROM MY HOUSE USING SIDEWALK AND AMERICAN TOBACCO TRAIL. WALKABLE SITE. THIS IS AN AFFORDABLE HOUSING PROJECT. MY CLIENT'S INTEND TO USE THE LOW INCOME HOUSING TAX CREDIT PROGRAM TO DELIVER A HIGH EQUALLY MULTIFAMILY DEVELOPMENT ON THE SIE.

THIS WILL BE UP TO 220 APARTMENT UNITS ACROSS MULTIPLE BUILDINGS ON JUST UNDER TEN ACRES O OF LAND, AND IT'S ADJACENT TO HILLSIDE HIGH SCHOOL. THE PROPOSED PROJECT IS CONSISTENT WITH THE PLACE-TYPE MAP WHICH CALLS FOR APARTMENTS OR TOWNHOMES ON THIS SITE. IT'S AN IFILL DEVELOPMENT LOCATED BETWEEN TWO STOPS OF AN ACTIVE EXISTING TRANSIT ROUTE. I PROBABLY COULDN'T DRAW IT UP BETTER IN A BOOK IF I WANTED TO. THEY'VE MADE STRONG COMMITMENTS AND WISE DECISIONS TO BRING THE PROJECT INTO FURTHER CONFORMANCE WITH THE COMP PLAN.

I BELIEVE THE STAFF REPORT INDICATES THAT PROJECT IS CONSISTENT WITH 19 OUT OF 20 APPLICABLE POLICIES AND THAT'S BECAUSE THEY'VE MADE COMMITMENTS LIKE LIMITING THE AMOUNT OF IMPERVIOUS SURFACE COVERAGE, USING NATIVE PLANTS AND GREEN BUILDING TECHNIQUES AND EXPANSION OF TRANSIT. THEY WERE WISE IN CHOOSING TO INVEST IN THIS LOCATION WHICH IS WALKABLE AND IS LOCATED NEAR TRANSIT, SCHOOLS AND INSTITUTION USES, PUBLIC PARKS, A ATT GREENWAY, COMMERCIAL USES AND MORE. THIS IS A VERY STRONG PROJECT. THE CHERRY ON TOP IS THAT THEY BELIEVE THEY CAN DELIVER THIS PROJECT WITHOUT ANY SUBSIDY FROM THE CITY OR COUNTY.

DON'T GET ME WRONG, IF IT'S AVAILABLE, THEY WILL GLADLY TAKE IT BUT THEY'VE COME TO THE PROJECT EYES WIDE OPEN UNDERSTANDING THE CITY AND COUNTY DO NOT AND MIGHT NOT CURRENTLY HAVE FUNDING AVAILABLE FOR THESE TYPE OS OF PROJECTS. FRANKLY, I WANT TO FIND THESE GUYS MORE SITES TO DO IN DURHAM BECAUSE I BELIEVE WE WOULD BE IN A MUCH BETTER POSITION AS A CITY IF THIS WAS THE TYPE OF DEVELOPMENT BEING PROPOSED I I RECOGNIZE THAT SENTIMENT PROBABLY DEPARTS FROM REALITY, BUT IT'S A NICE THOUGHT AND I'M VERY PROUD OF THIS PROJECT AND I HOPE TO HAVE YOUR SUPPORT TONIGHT.

THANK YOU FOR YOUR TIME. >> THANK YOU. IS THERE ANYONE -- NO ONE SIGNED UP FOM THE COMMUNITY TO, TO SPEAK. IS THERE ANYONE HERE THAT WOULD LIKE TO SPEAK? IS THERE ANYONE ON THE ZOOM THAT WOULD LIKE TO SPEAK TO THIS CASE. GOING ONCE. TWICE. ALL RIGHT. I'M CLOSING THE PUBLIC HEARING NOW AND WE'RE OPEN FOR COMMISSIONER DISCUSSION AND QUESTIONS. COMMISSIONER WOUK. >> I APPRECIATE THIS PROJECT VERY MUCH, AND THAT ALL BUT ONE COMPREHENSIVE PLAN POLICY IS MET. HOWEVER, THAT ONE, I WOULD LOVE TO SEE THAT ONE.

LOOKING AT THE MAP, RIGHT, THIS IS AN OASIS OF GREEN IN A VERY URBAN AREA AND SO THE ONE THAT'S NOT MET IS THE TREE COVERAGE BEYOND THE UDO, AND IT WOULD BE NICE TO SEE JUST A LITTLE -- YOU KNOW AS WE WERE TALKING ABOUT EARLIER THIS EVNING IN HOW TO DO BETTER, TO DO THINGS IN EXCESS OF THE UDO, IT WOULD BE EXCITING TO SEE SUCH A GREAT PRODUCT MEET EVERY COMPREHENSIVE PLAN POLICY. >> COMMISSIONER KOPEK. >> YEAH, I MEAN, JUST REINFORCE THAT POINT AND WE'VE HAD OTHER APPLICANTS COME WASHD AND SAY WE LOOK AT MINIMUM AND PUT THAT DOWN EVEN IF WE INTEND TO DO MORE AND JUST TO DO AN EXTRA PERCENT OR TWO MAYBE YOU'RE SAY IT'S IMPOSSIBLE BUT OFTEN IT IS POSSIBLE BUT WE FIND THAT DEVELOPER WILL JUST SORT OF PUT THAT DOWN BECAUSE IT'S WHAT'S LISTED IN THE UDO SO IT WOULD BE GREAT IF THERE'S A WAY TO GO BEYOND THAT AND HIT ALL 20 OTHERWISE I'D AGREE WITH YOU, YOU COUNT DRAW IT UP ANY.

BETTER EVEN IF THERE'S THE FACT THAT THERE'S THE COMMITMENT TO THE ENERGY STAR, MULTIFAMILY. WE DON'T OFTEN TALK ABOUT ENERGY AFFORDABILITY BUT THE FACT THAT THAT'S BUILT IN AS WELL AS TE COMMITMENT TO SERVING A LOWER AMI IS JUST EXCELLENT. SO JUST WOULD LOVE YOUR THOUGHTS ON THE, YOU KNOW, ON THE MINIMUMS, AND THEN THE OTHER QUESTION I WOULD ASK IS THERE WAS ONE STATEMENT ABOUT RENTAL FEES THAT WOULD STILL KEEP IT BELOW 80% AMI. I'M NOT USED TO SEEING THAT IN APPLICATIONS AND MYBE IT'S THE CASE THAT'S ALWAYS THERE AND IT'S NOT NAMED TRANSPARENTLY BUT I'M CURIOUS ABOUT THESE FEES AND HOW THEY COME INTO PLAY.

MINIMUMS AND FEES ARE MY QUESTIONS OTHERWISE IT'S FABULOUS. >> SO, YOU KNOW, I'M NOT A NEWCOMER TO DEVELOPMENT HERE IN DURHAM. I ADVISE ALL MY CLIENTS TO STRIVE FOR MORE TREE COVERAGE. THESE HAVE BEEN GREAT TO WORK WITH. THE PROBLEM IS O THIS PSI SITE, I THINK IT'S A LITTLE BIT CHALLENGING FOR THEM TO MAKE THE COMMITMENT BASED O ON WHERE THEY ARE -- I DON'T DISAGREE WITH THE POINT YOU'RE MAKING. ULTIMATELY THERE MAY BE MOE THAN 20% TREE COVERAGE ON THE SITE; HOWEVER, IT'S DIFFICULT FOR THEM TO MAKE THAT AS A ZONING COMMITMENT AT THIS POINT BECAUSE THEY JUST DON'T HAVE THAT FINE LEVEL OF ENGINEERING O OR DETAIL YET TO BE ABLE TO SAY FOR SURE THEY'RE GOING HIT 21 OR 22%.

SO IT'S NOT THE CASE THAT THEY JUST PUT THE MINIMUM DOWN BECAUSE THAT'S WHAT'S REQUIRED; THEY'RE LOOKING AT IT AND IT'S TOO CLOSE FOR THEM TO FEEL COMFORTABLE TO MAKE THAT TYPE OF COMMITMENT. WITH REPECT TO THE RENTAL FEES; SO THE CONDITION THAT IS OUTLINED HERE, I ACTUALLY DON'T KNOW WHEN THE DEFINITION CHANGED IN THE UDO FOR AFFORDABLE HOUSING, BUT IT ACTUALLY, THIS DESCRIBES AFFORDABLE HOUSING FOR RENTAL UNITS UNDER THE, UNDER BOTH, I BELIEVE, CURRENT DEFINITION IN THE UD O O FOR AFFORDABLE HOUSING BUT ALSO MORE IMPORTANTLY WHAT THE NORTH CAROLINA HOUSING FINANCE AGENCY -- THIS DESCRIBES THE LIHTC PROGRAM.

SO ON AVERAGE, ALL THE RENTS ARE -- IF YOU HAD 100 UNITS, AND YOU JUST ON AVERAGE ALL THOSE 100 UNITS ARE AFFORDABLE AT THE 60% AMI LEVEL, THAT DOES NOT MEAN EACH UNIT IS AFFORDABLE AT 60%; IT MEANS SOME MIGHT BE AT 60, SOME MIGHT BE AT 30, SOME MIGHT BE AT 80, BUT, YOU CAN'T GO ABOVE 80 AND COUNT IT AS PART OF YOUR PROGRAM, RIGHT? THAT'S WHAT THIS DEFINITION OR OUR CONDITION E REFLECTS IS, FIRST, I MEAN MOST IMPORTANTLY, THE 4% LIE TEAK SCHEME FROM THE NORTH CAROLINA HOUSING FINANCE AGENCY, THAT'S WHAT WE'RE MIMICKING THERE, RIGHT AND THE UDO DEFINITION DIDN'T ALWAYS INCORPORATE THAT BUT IT NOW DOES.

>> SO IT DOES NOT INCORPORATE THAT. THE DIFFERENCE HERE IS THAT LIHTC ALLOWS FOR THAT INCOME AVERAGING. >> OKAY. >> THE UDO AND IT'S DEFINITION OF AFFORDABLE WOULD REQUIRE THAT ALL UNITS BE AFFORDABLE TO 60% AMI ORLESS. THERE'S NO AVERAGING ALLOWED UNDER THE UDO DEFINITION CURRENTLY. WE'VE DISCUSSED CHANGING THAT IN THE NEW UD O O. >> MAYBE THAT'S -- >> -- AVERAGING BUT THAT'S NOT THE WAY THE UDO IS WRITTEN CURRENTLY AND SO THAT'S WHY PEYTON USED THE TERM INCOME RESTRICTED RATHER THAN AFFORDABLE BECAUSE IT DOESN'T MEET UDO'S DEFINITION OF AFFORDABLE, IT DOES MEET THE LIHTC DEFINITION.

>> I ALSO READ THE NEW DRAFT AND MAYBE THAT'S WHAT I WAS LOOKING AT. MY MISTAKE. FOR GENERALLY, SO, YEAH.M ALLOWS >> -- TECH ALLOWS FOR GENERALLY, SO YEAH. >> ANY OTHER QUESTIONS? NO. ARE WE READY TO MOVE THIS CASE FORWARD? >> CHAIR AS IT RELATES TO CASE Z2400044 FAYETTEVILLE FLATS, I MOVE WE SEND THIS CASE FORWARD TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION. >> SECOND. >> IT'S BEEN MOVED BY COMMISSIONER KOPEK; SECONDED BY VICE CHAIR CHAGARIS TO MOVE CASE Z2400044, FAYETTEVILLE FLATS FORWARD WITH A FAVORABLE RECOMMENDATION TO CITY COUNCIL.

MAY I HAVE THE ROLL CALL VOTE, PLEASE? [ROLL CALL VOTE]. >> MOTION PASSES 9-. >> THANK YOU. WE DON'T HAVE ANY COMMITTEE.

NEW BUSINESS; DO WE WANT TO TAKE CARE OF JULY? >> SURE, WE CAN DO THAT. I DID SEND THIS IN AN E-MAIL BUT JUST TO CONFIRM SINCE THE RULES OF PROCEDURE GVE THIS POWER TO THE CHAIR IT IS STAFF'S RECOMMENDATION TO CANCEL JULY MEETING. WE DO NT HAVE ANY CASES READY FOR YOU. WE'RE LOOKING TO 6-7 CASES ON THE AUUST AGENDA, BUT, THIS DOES ALLOW YOU TO TAKE JULY OFF AND SO WE THOUGHT THAT WAS A FAIR COMPROMISE. SO CHAIR CAMERON, IF YOU COULD MAKE THE ANNOUNCEMENT.

>> SURE. I AM ANNOUNCING THAT THE JULY 2025 PLANNING COMMISSION MEETING THAT WOULD NORMALLY BE HELD ON JULY 8TH IS CANCELLED. WE WILL SEE EVERYONE IN AUGUST. ARE THERE ANY OTHER STAFF ANNOUNCEMENTS? >> ONLY THAT WE DO HAVE TWO NEW COMMISSIONERS THAT HAVE BEEN APPOINTED BY THE City Council AND THEIR TERMS WILL START JULY 1ST SO YOU'LL HOPEFULLY SEE THEM AT THE AUGUST MEETING. >> ALL RIGHT. BEING NO OTHER BUSINESS TO COME BEFORE THIS BODY, THE MEETING IS ADJOURNED. THANK YO.