Planning Commission (PC)
Regular MeetingDurham, NC · September 9, 2014
Minutes
Durham Planning Commission
M I N U T E S
September 9, 2014, 5:30 p.m.
City Council Chambers – 1st Floor
101 City Hall
1. Call to Order
Chair Harris called the meeting to order at 5:30 p.m.
2. Roll Call
Members Present: Elise Bielen Excused Absence:
Brian Buzby
Frederick Davis
DeDreana Freeman
Charles Gibbs
David Harris, Chair
Linda Huff
Joshua Hollingsworth
Elaine C. Hyman
Tom Miller
Rickey Padgett
Melvin Whitley
Rebecca Winders
Staff Present: Patrick O. Young, Assistant Planning Director
Scott Whiteman, Planning Supervisor
Amy Wolff, Senior Planner
Karla Rosenberg, Planner
Mike Stock, Senior Planner
Bill Judge, Transportation Engineer
Juliet Black, Clerk to the Board
3. Adjustments to the Agenda
The following adjustments were made to the agenda: Depending on the outcome of the
election, Chair Harris would make an announcement. The public hearings were advertised as
required by law.
4. Approval of the Minutes from June 10, 2014
Motion: Approval (Miller, Davis 2nd)
Action: Motion carried, 13-0
Planning Commission Minutes
September 9, 2014
Page 1 of 4
5. Public Hearings: Plan Amendment with Concurrent Zoning Map Change Request
A. The Corners at Brier Creek (A1200008 & Z1200019)
Plan Amendment Request: Morningstar Law Group, LLC requests 62.5 acres changed on future
land use map from Commercial and Low-Medium Density Residential to Medium Density
Residential and Commercial at intersection of T.W. Alexander Drive and U.S. Hwy 70.
Zoning Map Change Request RR to PDR 12.000 and CG (D).
Staff Report: Ms. Rosenberg & Ms. Wolff presented the staff reports.
Public Hearing: Chair Harris opened the public hearing. One person signed up to speak; one
person spoke in support and no one spoke in opposition. Chair Harris closed the public hearing.
Commission Discussion: Commissioners generally expressed support for the plan. However,
there were some concerns regarding traffic and the provision of a bus shelter would be great.
Motion: Approval of The Corners at Brier Creek (A1200008 (Whitley, Padgett 2nd)
Action: Motion carried, 11-2 (Freeman & Miller Voting No)
Motion: Approval of The Corners at Brier Creek (Z12000019 (Padgett, Miller 2nd)
Action: Motion carried, 13-0
Findings: The Planning Commission finds that the ordinance request is not consistent with the
adopted Comprehensive Plan. However, should the plan amendment be approved, the request
would be consistent with the Comprehensive Plan. The Commission believes the request is
reasonable and in the public interest and recommends approval based on comments received at
the public hearing and the information in the staff report.
6. Public Hearing: Zoning Map Change Requests
A. Maddry Residential Z1400007
Staff Report: Ms. Wolff presented the staff report.
Zoning Map Change Request RS-20, OI, and CN to OI(D).
Public Hearing: Chair Harris opened the public hearing. One person signed up to speak, one
person spoke in support and no one spoke in opposition. Chair Harris closed the public hearing.
Commission Discussion: It was stated the entrance must align with the adjacent project and
that water supply was not an issue.
Motion: Approval of Maddry Residential (Z1400007) (Whitley, Miller 2nd)
Action: Motion carried, 13-0
Findings: The Planning Commission finds that the ordinance request is consistent with the
adopted Comprehensive Plan. The Commission believes the request is reasonable and in the
public interest and recommends approval based on comments received at the public hearing
and the information in the staff report.
Planning Commission Minutes
September 9, 2014
Page 2 of 4
B. Brier Creek Assemblage Initial Z1400009A
Staff Report: Ms. Wolff presented the staff report.
Zoning Map Change Request RR (Durham County), R-4(Wake County) to RR (City Jurisdiction).
Public Hearing: Chair Harris opened the public hearing. One person signed up to speak; and no
one spoke in support or in opposition. Chair Harris closed the public hearing.
Commission Discussion: The Commissioners had no comments.
Motion: Approval of Brier Creek Assemblage Initial (Z1400009A) (Miller, Buzby 2nd).
Action: Motion carried, 13-0
Findings: The Planning Commission finds that the ordinance request is not consistent with the
adopted Comprehensive Plan. However, the Commission believes the request is reasonable and
in the public interest and recommends approval based on the proposed zoning being the least
intense zoning permitted in the Development Tier based on the size of the lots.
7. Unified Development Ordinance
A. IL Project Boundary Buffer TC1400002
Staff Report: Mr. Stock presented the staff report.
Zoning Map Change Request to amend Section 9.4, Project Boundary Buffers, to reduce the
required project boundary buffer only for properties of four acres or less, zoned Industrial Light
(IL), and adjacent to developed properties without a buffer in the Industrial (I) zoning district.
Public Hearing: Chair Harris opened the public hearing. One person signed up to speak and one
person spoke in support. Chair Harris closed the public hearing.
Commission Discussion: Discussion centered on the limited impact of the change.
Motion: Approval of IL Project Boundary Buffer ( TC1400002) (Miller, Padgett 2nd).
Action: Motion carried, 13-0
Findings: The Planning Commission finds that the ordinance request is consistent with the
adopted Comprehensive Plan. The Commission believes the request is reasonable and in the
public interest and recommends approval based on comments received at the public hearing
and the information in the staff report.
8. New Business
A. Announcement: David Harris was nominated for chair. Motion carried, 13 – 0.
Chair Harris took nominations for the Vice Chair, which had to a County appointee. The
following names were nominated: Davis, Hyman, Padgett and Huff. Frederick Davis, II, was
elected for vice chair. Motion carried, 13 – 0.
Chair Harris stated that we should follow the Rules of Procedures, which has not been revised
since 2011. He would like for Commissioner Miller to head the Ad Hoc committee. The
agreement has not been amended since 2009. The following people will be on the Ad Hoc
Committee – Miller (chair), Harris & Davis. Chair Harris would like to schedule a retreat and
would like for Candace Nelson to do the training to go over the Robert’s Rules of Order. Chair
Harris will get with staff and Vice Chair to see how to proceed on this matter. Clerk of the Board
will send out a copy of the Robert Rules and the Rules of Procedure.
Planning Commission Minutes
September 9, 2014
Page 3 of 4
Commissioners were appointed to the following committees: Bike Pedestrian Commission –
Commissioner Bielen; Durham/Chapel Hill Working Group – Commissioner Winders; Joint
City/County Planning Committee Davis Harris Open Space and Trials Commission –
Commissioner Buzby.
B. Scott Whiteman stated there were currently 5 cases (3 land use and 1 text amendment and
1 informational) for October.
C. Adjournment
The meeting adjourned at 6:49 p.m. The next scheduled meeting is October 14, 2014, 5:30
p.m.
Planning Commission Minutes
September 9, 2014
Page 4 of 4
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