Commissioners to make recommendations to the elected officials. We emphasize that the elected officials have the final say on any issue before us tonight. While this meeting is being conducted in person, it is accessible using the Zoom meeting platform. The virtual meeting platform public participants do not have any ability to talk or be seen on video by default. In order to maintain meeting decorum in a discernable record of the meeting, the chat function has been disabled. For those 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. While speaking, please state your name and your address clearly when 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 comments just like an in-person meeting in in-person public hearing, excuse me. You may also call in.
During the meeting tonight by dialing 1317158592. If you call in during the meeting, you must wait until the public hearing you are interested in starts. After all the pre-registered speakers have shared their comments, I will ask if anyone else wants to speak. At that point, you will need to digitally raise your hand by pressing star9 on your phone and when recognized, state your name and address before making your comments. The applicant has 10 minutes for a presentation. Each speaker after the applicant has two minutes to speak.
Commissioners, as a reminder, as a reminder, after the public hearing is closed, you obtain the floor by being recognized by the chair. Commission members, remember you share your time with your fellow commissioners. You have five minutes., keep your comments and questions pathy. Don't repeat topics that have already been discussed or questioned. The time to make all public comments is before motions are made. The time to make all p public statements, sorry, are before motions are made. Once a motion is on the floor and further discussion regarding that motion, any further discussion after I haven't done this in what I'm already messing up. Okay. After that motion must come after a second.
All motions are stated in the affirmative. So if a motion fails or ties, the recommendation is for denial. Finally, I ask everyone here, the commission members, staff, and the public to conduct themselves in a courteous and respectful manner. If someone fails to act in that manner, the chair will ask the offending person or persons to leave the meeting until such time they regain personal control. If the quorum fails to be restored, the 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 Shagaras, >> she's parking. >> Okay. >> Vice Chair Cameron >> here. >>, Commissioner Bailey >> here. >> Commissioner Capers >> here. >> Commissioner Clemens. Commissioner Chicowski >> here. Commissioner Hunter >> here. >> Commissioner Huarez Maldonado >> here. >> Commissioner Macyver. >> Commissioner Montes >> here. >> Commissioner Ninker >> here. >> Commissioner Pionek >> here. >> Commissioner Richie >> here. >> Commissioner Woke >> here. We have established a quorum and you may have noticed that I called out a commissioner Clemens. That is our newest appointment from the county. it is not Commissioner McCyver's seat. So he is still technically on the commission.
This is an atlarge seat for the county. She did does regret that she's had to go out of town on family business but plans to be here for the April meeting. >> There are no adjustments to the agenda. Next we have the approval of the minutes and the consistency statement for the February 10th meeting. May we may I have a motion?
Motion to approve the minutes. >>, vice chair, I move to approve the minutes from last month. >> Second. It's been moved and seconded to moved by Commissioner Woke and seconded by Commissioner Bailey to approve the minutes and consistency statements. All in favor, please say I. >> Opposed say nay. The eyes have it. We're going You want to want me to keep going? >> Yeah, sure. >> Okay. You're going to sign it to Zoom because you'll have more. One person. >> Okay, we're going to keep going. the first case is we're going to the initial zoning map changes. The first case is 1735 Fletcher Chapel Z25002A-BG2001T2.
May we have the staff report, please? Hi, good evening, Chair Scaris, Vice Chair Cameron, and planning commissioners. I am Payton Burgess, and I am here tonight to present Z2500 20A 1735 Fletcher Chapel Road. Before I begin, staff would like to state for the record that all planning department hearing items have been advertised and noticed in accordance with state and local law and affidavit of all notices are on file in the planning department. The request is for a direct translational zoning of residential rural for a 0.83 acre parcel located at 1735 Fletcher Chapel Road for the construction of a single family home.
The existing and proposed zoning is residential rural. The site is surrounded by the same with a small commercial general area to the south. The aerial map shows the general location of the project. The property is currently designated mixeduse neighborhood on the place type map. The proposed zoning was determined to be consistent with the designated place type. Neighborhood meetings were not required as a part of this request and there have been no comments received on the Durham resoning explorer in relation to this case.
The proposal is consistent with the place type map designation of mixeduse neighborhood and 405 applicable comprehensive plan policies. Thank you. Staff is available to answer any questions and the applicant is available via Zoom. Thank you. May we have the applicant, please? No applicant. Are they on the Zoom?
Is the applicant on Zoom? >> Go ahead, please. >> Hey, I apologize. I seem to be having some technical difficulties over here., I can see the slide, but I don't I don't hear any audio. I don't know if y'all can hear me or not. >> We can hear you.
Okay. I'm not sure what was covered. I'm a local builder though. We are wanting to do this voluntary annexation in order to hook up to the utilities that pass along Fletcher's Chapel in front of the lot. That's the motivation for doing the annexation. It's the only way we will be allowed to to tie into those utilities. I don't know if y'all have any questions for me. I I apologize. I can't hear y'all.
Okay. Thank you. So, no one has signed up to speak. Is there anyone else on the Zoom that wants to speak?
Seeing, excuse me, seeing nobody on the Zoom wishing to speak on this or in the council chambers. Closing the public hearing. Are there any commissioner comments or questions?
Oh, I have a question maybe for city staff.
What is if the purpose of this is to connect to city water and sewer? What is the status? Because I've been hearing things like it's at max and so what would be the purpose of doing a resoning if the purpose is not possible? Chair Shagaras Ear Kane with the planning department. Excuse me. I believe you're referring to issues of capacity at the Goose Creek lift station. this site is not within the drainage basin for the Goose Creek lift station. So it is not affected by that.
>> Okay. Thank you.
>> Have a question. >> Ready to make a motion. >> Okay. May I have a motion to move case Z25 triple020A BDG25 triple 0121735 Fletcher Chapel forward with a favorable motion chair in the in regards to case Z25002A-BG250012.
1735 Fletcher Chapels. I move that we forward this case to city council with a favorable recommendation. >> Second. >> It has been moved by Vice Chair Cameron and seconded by Commissioner Capers to move this case forward with a favorable recommendation. May we have the electronic voting, please?
The motion P. The motion passes 11 to1 with Commissioner Richie voting no. >> Thank you. Next item on the agenda, experience reality Glenn West Z25. Triple027A BDG25017. May we have the staff report, please?
Good evening, Chair Shagaris, Vice Chair Cameron, and planning commissioners. I am Payton Burgess, and I'm here tonight to present Z250027A, Experience Reality Glen West. The request is for a direct translation reszoning of approximately 26 acres of land zoned residential, rural, and located along Glenn Road in order to construct single family homes. While the UEA and FIA identifies the intention of eight single family homes to be built, the zoning would allow for the construction of up to 36. The majority of the site is located in the Falls Jordan district B wershed with a portion of the site located in the Falls Jordan District A wershed. While this proposal is located entirely inside the urban growth boundary, it does exclude a sliver of one parcel because it is located outside of the urban growth boundary.
Again, the existing and proposed zoning is residential rural. There is also residential suburban 10 located to the north. You can see on this map that the that the portion of the site to the right of the blue dashed line is located in the FJA overlay, while the portion to the left of the line is located in the FJB overlay. Additionally, the purple line on this map is the urban growth boundary. Although it is difficult to see, there is approximately 730 square feet of the parcel that is located outside of the urban growth boundary and that is excluded from this proposal.
Again, the entirety of this proposal is located inside the urban growth boundary. The aerial map shows the general location of the project. To the north is the Glenstone neighborhood. The property is currently designated mixed residential neighborhood and established residential on the place type map. The proposed zoning was determined to be consistent with the designated place type. Neighborhood meetings were held on September 22nd and February 3rd with four community members attending the first and two the second. No comments have been received on the Durham Reszoning Explorer in relation to this case.
The proposal is consistent with the place type map and with four or five applicable comprehensive plan policies. This differs from your staff report as two of the policies were just recently determined to be consistent through the completion of the fiscal impact analysis and operational impact analysis. The remaining policy to be determined is waiting on the utility extension agreement. Thank you. Staff and the applicant are available to answer any questions. >> Thank you. The chair is now opening the public hearing. May we have the applicant, please?
>> Good evening, chair, fellow commissioners. My name is Dan Juel. I'm here at the request of Jeff Mwain and his wife Susan. We've been assisting them with this little endeavor. U the request is very simple. they have eight lots of record. If you wanted to look back at when these lots were created, it was literally late last year. they are all threequarters of an acre or more. one of the lots, the one on the east side of Glenn Road, has an existing house on it, which is the Mixes residence. the other lots they have already contracted with a builder to build single family homes below market rate and each home will have an ADU with two bedrooms. We know that's not part of the reasoning. It's not a committed element, but I wanted to put that on record that that's their attempt. But in order to do that, they need water and sewer. the good thing is water and sewer is actually at the site. So sometimes you get cases for a.
Utility extension agreement where there's really no utility extension. The water is already in Glenn Road. The sewer is already in Dodge Avenue. And they will simply be running it through the site the sewer and hooking up to the water. So the request for tonight is for utility extension approval of the till extension so they can they can hook up to the to the water and sewer. Obviously with that is a a voluntary annexation petition request. As Payton's Miss Burgess said, this is within the urban growth limits in the suburban tier. and and as part of that obviously the planning staff have to put forward the translational zoning which is RR to RR.
So that is that is the extent of the request. So, we're here to answer any questions you might have and would ask that you move a recommendation for approval forward to the city council. Thank you. Thank you. Any community members in person wishing to speak on this or on the Zoom? On the Zoom, raise your hand. Nobody Okay, the chair is closing the public hearing open for commissioner discussion. Are there any questions or comments from the commissioners? Commissioner Nunarker, >> when you when you when the change is let's say the change is approved, then if it's RR in the city, doesn't 50% have to be preserved or I mean as far as density goes, 50% of it has to be cons consistent with the characteristics of the >> I'm not sure about that. Maybe Aaron can answer that. I think you're referring to a conservation subdivision.
>> Yes. >> That is so if you annex into the city under RR zoning, a conservation subdivision is an app is an option but is not required. You can still do a conventional subdivision. You get less density, but you're not required to do that 50%. >> Okay. Thank you. >> Yeah, I will add to that under too much information. he's Miss Burg just mentioned the little sliver that's outside. Well, the Mcwaines actually worked out with the Elerby Creek Wershed Association and did a property swap. So Elerby Creek wershed association now has some of the property that they originally bought and it worked out worked out well. So land is being conserved but that way. Mhm.
>> Any other commissioner comments or questions? Commissioner Woke. >> Hey. So, I noticed that the property on the right, which I guess is the residence, is a voluntary agricultural district. Is that maintaining that or is that going to expire?
I believe Jeff the question is part of the the lot on the east is in a voluntary agricultural district. Was that the equa property that was in that? Do you know? Maybe you can come up and answer. Jeff Maxwain with Reality Ministries. Thanks everyone. Voluntary Agricultural District. We I wasn't aware that there was one on the east side. I know there is one on the west there has been historically one on the west side and but the land that's behind that's outside of the urban growth boundary is under conservation easement and will not be ever built on. but as far as the voluntary agriculture, we do plan to do farming on the property because only se the only the six seven lots on the six lots on the other side are being built on. And so we have lots of room to do agriculture. We call it the agricultural community of welcome. And u we're actually, you know, we have already put into motion. We got denied from a grant this year for our first.
Farming endeavor, but we look forward to continuing so that it can be an agricultural community basically yard to table for those who come and and everyone who comes is is welcome. >> Thank you. >> Any other commissioner questions or comments? >> Commissioner Richie, >> this is going to come back., this is sort of an unconventional question, but generally we don't like adding on annexations outside of, you know, to a satellite that already exists and sort of growing, when it doesn't have direct continuity to the rest of the city. So, knowing that you know the comprehensive plan relatively well, can you give a sense of why this satellite is justified in adding?
>> Could you repeat that last part again? Just where where are we justified in adding a satellite here and kind of growing an existing outcropping of city land that's not connected to other continuous city land? I don't know. I just don't love voting for those. So, I'm curious if you have any thoughts. >> Yeah. Yeah, sure. Well, you know, the comprehensive plan calls for this area to eventually be filled with some sort of residential per the staff report., so, you know, I guess it's just a matter of we're first, but you're going to be seeing another one probably in the next six months, a much larger one sort of behind the the lot on the the east side., and I think yeah, do we necessarily want to be in the city limits? No. But in order to get water and sewer, as you all know, that's a that is a a code requirement of the city of Durham. and yeah, that's that's all I can say. You know, satellites are.
Not unusual. but I think in the next couple of years, you will see the rest of the property around this backfill. Good question. If it makes any difference, it does. We're inside the other satellite of Glenstone subdivision. So even even though we're a satellite, we're not outside the last satellite. >> Less of a satellite.
>> Commissioner Hunter, >> I just wanted to clarify., did you say that these were at market rate or below market rate? >> Mr. and Mrs. Mix Wayne ex intent is to they've already contracted with a builder to to build below market rate single family houses and each house would have an ADU with two bedrooms behind it. And that's not a zoning condition. We can't do that as part of this. But again, as I said, you can you can test their sincerity simply by look at when those seven lots on the west side were record recorded.
Literally, those lots were created late last year, I think. Sure.
>> So, my wife Susan is the director of Reality Ministries and I was the founder of Reality Ministries in 2007 and we really pride ourselves on accessibility and affordability. And so when we started the North Street neighborhood down behind Full Steam Brewery, we have about a 100 residents there with and without intellectual disabilities. All of the units there are below market in terms of the rentals. And this will be the same. It'll be the same DNA. The builder builder is building below market, which is great. We're selling below market, the land and the houses, which is great. and the people who are there are committed to renting their ADUs for a less than market rate for even 30% AMI or even SSI like we do at North Street. And so we are excited about it. We also have a new home owner under seller financing agreement who's not currently bankable by the typical conventional system, but that's exciting too. So, it won't just be the homeowners who have the inherited wealth or.
Generational wealth or blessing, but it it will be a mixture of homeowners and residents and ADUs, all of different economic levels and abilities. And we're excited. >> Thank you for sharing that. I'm really glad to hear your what you're doing in the community. Any other questions, comments? Oh, everybody's good. May I have a motion to move case Z25 triple027A BDG25017 experience reality Glenn West forward with a favorable recommendation chair regarding case Z25027A-BG2507.
Experience realy Glenn West I move that we forward this case to city council with a favorable recommendation for approval. >> Second. >> It has been moved by Vice Chair Cameron and seconded by Commissioner Hunter to move this case forward with a favorable recommendation. May we have the electronic voting, please?
The motion passes 12 to zero. Next item on the agenda 1418 South Miami Z26 quadruple04 quadruple05A BDG 25 triple011. May we have the staff report please? >> Thank you Chair Shagarus.
There we go. Case Z260000005A 1418 South Miami. This is a request for an annexation of two parcels totaling 2.84 84 acres located at 1404 and 1418 South Miami. The zoning would translate from the county jurisdiction to the city jurisdiction of RS20 in the back and commercial general at the front of the of each parcel and would allow for a connection to city water and sewer as shown here. You can see towards US70 towards Miami Boulevard the parcels are zoned commercial general and in the rear of the parcels they are join zoned RS20.
This is a direct translational zoning in which the existing Durham County zoning is translated to the identical Durham city zoning upon annexation of the property. A translational zoning does not and cannot include a development plan and any future development may proceed according to what the zoning would allow. The aerial mo shows the general location of the project. The site fronts west the western side of South Miami Boulevard generally north of Marty Drive and east of Bungalow Avenue. Properties are currently designated highway commercial on the place type map.
The proposed commercial general is generally consistent with the designated place type. While the proposed RS20 is not generally consistent with the designated place type, the proposed land development code would have both of these parcels be zoned commercial heavy, which is consistent. Therefore, we recommend keeping the existing zoning. Neighborhood meetings were held in accordance with the neighborhood meeting guidelines on September 30th, 2025 and February 18th, 2026. The number of attendees for both meetings was two. No comments have been received by staff in relation to this case on the Durham reszoning explorer.
The proposal is generally consistent with the place type map designation of highway commercial because the existing zoning allows a range of uses including autoor oriented uses that support the intent of the place type and is located on a major thoroughare south Miami boulevard. Proposal is consistent with five of five applicable comprehensive policies. Staff and the applicant are available to answer any questions. The chair is now opening the public hearing. May we have the applicant, please.
>> Good evening, Chair Shagaras, Vice Chair Cameron, members of planning commission, Tim Cyvers with Unity, 16 Consultant Place, Durham, North Carolina. I'm here this evening representing Admiral Properties, the owner of this parcel. This land owner also owns the two parcels that are interior to this project., those two parcels are currently within the city limits, hence why these two parcels on the outside are being proposed for annexation tonight. The intent of the Admiral Properties is to and already is for sale., if you drove past the site, you would have seen the for sale sign out front., we did hold two meetings., actually one neighbor attended both. The second was one of my staff members assisting me that signed in. the first meeting we had a neighbor that actually asked to join the application. and the second meeting was a neighbor from the Hope Valley area that accidentally signed into the wrong meeting. So second meeting actually we didn't have any attendees.
To answer your question earlier chair about the sewer basin, this is also outside the goose creek. So that hopefully answers your question. Similar question you had earlier., I'm available for any questions that you may have. Thank you. No community members in person and nobody on the Zoom. Nope. The public hearing is now closed. Open for commissioner comments or questions. Any questions? Any comments? Nope. All right. May I have a motion to move case Z26 quadruple05A-BG25.
Triple011 1418 South Miami forward with a favorable recommendation. Chair regarding case Z26 0000005A-BDG250011. 1418 South Miami. I move that we forward this case to the City Council with a favorable recommendation for approval. >> Second. It has been moved by Vice Chair Cameron and seconded by Commissioner Hunter to move this case forward with a favorable recommendation. May we have the electronic voting, please?
The motion passes 12 to zero.
Okay. Item six on the agenda, new business proposed planning and development department fiscal year 27 work program. >> Good evening. Boinsky with the plan development department. as you see in the memo and the attached work program in your packet u the work annual work program in accordance with the interlocal agreement goes before you for review. This is the and subsequently adopted by city council and county commissioners. This dictates the work of the department throughout the upcoming year. the the work described in the program as as as is listed, it's it's really three buckets. the first being things that we are obligated to do either required by the state or required by our own ordinance. You know, reviewing site plans, reviewing building permits, use permits, construction drawings, responding to specific inquiries and and other sort of mandated work. the second one of course is providing support to boards and commissions such as you all as well as internal internal support with the department and city and the county alike. the third is a bit more.
Discretionary. This is where our long range planning projects research projects plans to be adopted and and the like are those three. What I'll do is I'll just highlight as shown in the memo some of the new items being proposed as a part of this work program. The first being Walltown small area plan paper street closings. So there is a recommendation in the adopted small area plan for Walltown forum some of the paper streets and alleys to be proposed to be closed. the planning development department would u manage that that project. Another is research looking into natural resource protection overlays. both the feasibility the potential efficacy as well as any other relevant information. as noted tree canopy assessment. This will be in conjunction with the general services department who has the urban forestry division. this will be a report or I'm sorry this will be a complete analysis the tree canopy assessment provided by a consultant and then of course we we would conduct further analysis to determine any sort of regulatory.
Shifts in order to meet the city's 55% canopy coverage goals. the other one the next one is membership application to the biophilic city biophilic cities network. this is a network of communities that are committed to being nature focused or naturic as I believe their website describes it. there's annual metrics in terms of various activities that the the city would need to confirm in order to obtain membership and can keep that membership. So this is new. This was in correspondence or in conjunction with a a resolution that city council adopted last fall.
New program well actually it's a igniting or reigniting an old program for urban design studios. this is essentially the department would plan and facilitate design focused public outreach and workshops shares or the like whatever's most appropriate depending on the project. These would be special projects for city or looking at city or county owned lands. So this wouldn't necessarily be for all projects or you know just any project that is proposed. And then the the last new item on the work program from last year is clarity clarity implementation.
So clarity is the name of the software that will replace our current permitting software. this is a fairly big deal as it's large program. You know we issue thousands and thousands of permits across the city each year. And so the sort of the testing and the implementing and coordination with the con consult various consultants working on the project will be fairly time consuming and and labor intensive for our staff. And so I think it's important or we thought it was important to note in the work program that there'd be significant staff time into ensuring the success of the implementation of the permitting software. that's it for the new items on the work work program. Everything else have been is either a continuation of a multi-year project or like I said a big big chunk of the items are things we are legally obligated to continue doing. staff is here for any questions.
Thank you. Any questions? Commissioner Nuner, >> I have a question., first of all, thank you so much for doing this. It seems like such an a magnet a huge undertaking and I wondered if it was in response to the attempts we made to revamp the UDO in language that seemed more appropriate to the tasks. So that's just another that's just one question but it seems so very comprehensive this work program is it for one year and is this response to the ER?
>> So th this work program that that you see is actually adopted by the elected each year and is a requirement of the interlocal agreement that's been in place for multiple decades. So this is now the the format of it is fairly new. it's looked a little bit different each year as we continue to try and improve it and make it more accessible for folks. But in terms of spelling out the the work of the department to be approved by both elected bodies, we've been doing that for ever since the merger.
>> So another question what is the code studio to draft that you're using to draft the new UDO? >> Code studio is the name of the consulting firm that we're contracted with for the new. Oh, is it a software kind of thing? >> It's the it's the name of the consultant. >> Oh, I see. >> Their company. Trust me, I've made that same same have that same thought. >> Okay. Thank any other Commissioner Richie. >> Just real quick, for clarity, can you just talk a little bit about what how that's going to change things for end users as far as the permitting process goes in Durham? Yeah, that's a a great question., our current software that we're using for permitting was designed specifically for us by Xerox almost 20 years ago. It's incredibly outdated and at times I mean we have some staff here that are fairly familiar, but there's there's many that hopefully are at home that struggle with it quite a bit. It's fairly clunky. you know, our ordinance has changed quite a.
Bit since then. other codes have changed, other other departments that use it are impacted. it's not web- based. many of the much of the functionality is broken down and because of the original company not being in place, we're no longer able to make changes to it. And so clarity will be an improvement just in terms of staff usability. It'll be more efficient. It'll be web- based. I think what I think is really important is it'll also improve communications with both applicants and residents as so much of it will be so so much more information will be available for residents or applicants to see in real time. So rather than, you know, emailing and saying, "Hey, can we see a copy of such and such proposal, they'll actually be able to go online and and search it parcel by parcel and and see all of the applications, all the inspections, all the reviews right there. And so you know, it's a big big efficiency gain for staff. It'll be more efficient for applicants and it'll be.
Much more accessible for residents and community members that have questions about development. >> That's great. Thank you. >> Any other questions, comments? No. Do we need a motion for this or do we just go?
>> It's a good idea. >> No motion. >> Okay. Thank you for the presentation. Item seven, committee updates. Can you remind me?
So, the subcommittee for the rules of procedure update is Chair Cameron. Vice Chair Cameron is chairing that committee. Commissioner Montes and I had sent an email to Commissioner Capers to see if you were interested. Did it end up in your spam folder? Actually, Chairman, Chairwoman, I was working a political campaign the last few weeks and so I'm kind of combing through my inbox right now. If you give me a couple of days, let me look and I'll follow back up with you. Is that fine?
>> Okay. Thank you. >> Thanks.
All right, that's the update. If Commissioner Capers is not able, we will seek another county person to be on the subcommittee. >> If I say no, I'll send it by carrier pigeon. Okay. >> Outstanding. All right. Five, six, seven. Item number eight, staff announcements. Just a very quick one to put in the back of your mind. This room is going to be going through some renovations this summer. So for the July meeting, we'll need to meet on the second floor. I will give you an update of that as we get closer to it. We'll need to meet in the committee room on the second floor where we had our retreat last October.
Other than that, right now we're looking at three, possibly four cases on next month's agenda. So, not an o overly ownorous one, but not as quick as this one either. >> Do we have a July meeting? >> We'll if we need to have a July meeting, we'll need to have it other than this room. That doesn't necessarily mean we'll have a July meeting. We'll just have to move it if we do. >> Oh, okay. Thank you. All right. Number.
Nine, adjournment. Meeting is adjourned at 6:16 p.m. Thank you.