Planning Commission (PC)

Durham Planning Commission M I N U T E S June 9, 2015, 5:30 p.m. City Council Chambers – 1st Floor 101 City Hall 1. Call to Order Chair Harris called the meeting to order at 5:35 p.m. 2. Roll Call Members Present: Brian Buzby Excused Absence: Melvin Whitley Frederick Davis, II DeDreana Freeman Charles Gibbs David Harris, Chair Linda Huff Joshua Hollingsworth Elaine C. Hyman Tom Miller Rickey Padgett Rebecca Winders Staff Present: Patrick O. Young, Assistant Planning Director Don O’Toole, Assistant City Attorney Grace Smith, Planning Supervisor Aaron Cain, Planning Supervisor Michael Stock, Senior Planner Bill Judge, Development Review Engineer Susan Cole, Clerk 3. Adjustments to the Agenda Chair Harris added an item 7b (Resolution for Elise Bielen), 7c (Retirement for Mr. Davis and Mr. Padgett) and 7d (Budget for training) Mr. Young certified that all notifications were provided as required by law. 4. Approval of the Minutes from May 26, 2015 Motion: Approval with Ms. Huff’s written comments (Miller, Gibbs 2nd). Action: Motion carried, 11-0 Planning Commission Minutes June 9, 2015 Page 1 of 4 5. Public Hearing: Zoning Map Change Request A. Belgreen Road (Z1400026) case continued from the April 14, 2015 meeting. Zoning Map Change Request: RS-20 to PDR 4.010 Staff Report: Ms. Smith presented the staff report. Public Hearing: Chair Harris opened the public hearing. Bill Ripley and Tony Tate spoke in favor and Debra Morgan and Pamela Oxendine spoke against. Chair Harris closed the public hearing. Commission Discussion: Discussion centered on traffic concerns, density, sidewalks and the types of homes being built. Motion: Approve Z1400026. (Miller, Huff 2nd) Action: Motion failed 3-8. (Buzby, Davis, Freeman, Huff, Hollingsworth, Hyman, Miller, Winders voting no) Findings: The Planning Commission finds that the ordinance request is consistent with the adopted Comprehensive Plan. However, the Planning Commission believes the request is not reasonable nor in the public interest and recommends denial based on comments received at the public hearing, information in the staff report, problems with traffic congestion, inadequate transportation infrastructure and opposition from the community. 6. Public Hearing: Text Amendments to the Unified Development Ordinance A. Affordable Housing Parking and Density Bonus (TC1500003) Staff Report: Mr. Cain presented the staff report. Request: An amendment to the Unified Development Ordinance to various provisions regarding Affordable Housing, Parking and Density Bonus Public Hearing: Chair Harris opened the public hearing. No one spoke in favor or opposition. Chair Harris closed the public hearing. Commission Discussion: Discussion centered on the effect of the density bonus. Motion: Approve. Forward to Elected Officials. (Miller, Buzby 2nd) Action: Motion carried, 10-1 (Freeman, voting no) 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. B. Riparian Buffer Setback and Lot of Record (TC1500004) Staff Report: Mr. Stock presented the staff report. Request: An amendment to the Unified Development Ordinance to various provisions regarding Riparian Buffer Setback and Lot Record. Public Hearing: Chair Harris opened the public hearing. No one spoke in favor or opposition. Chair Harris closed the public hearing. Planning Commission Minutes June 9, 2015 Page 2 of 4  Commission Discussion: Discussion centered on staff revisiting the verbiage regarding the 10 foot no build buffer. Motion: Approve. Planning Commission requested staff to revisit text to verify that it is clear that the only exception to the “no build” 10-foot setback is for the grading and construction necessary to serve uses permitted within or to cross the adjoining riparian stream buffer. (Miller, Hollingsworth 2nd) Action: Motion carried, 11-0. 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. 7. New Business A. Legislative Updates – Affordable Housing Parking and Density Bonus (TC1500003) Mr. Stock and Mr. O’Toole briefed the Commission regarding Legislation that had passed the House and was now in review in the Senate. • HB 141: Stormwater/ Flood Control Activities • HB 553: Ordinances Regulating Animals • HB 593: Amend Environmental Laws-3 • HB 630: Alternate Water Quality protection for Falls Lake • HB 634: Stormwater/Built-upon Area Clarification • HB 760: Regulatory Reform Act of 2015 • HB 3: Eminent Domain • HB 152: Historic Preservation Tax Credit • HB 183: Repeal of Map Act • HB 201: Zoning Changes/Citizen Input • HB 255: Building Code Regulatory Reform • HB 483: Land Use Regulatory Reform • HB 548: Zoning/Modernize and Reorganize • HB 613: Clarify Political Sign Ordinance Authority • HB 721: Subdivision Land Development changes • HB 836: Local Gov’t Regulatory Reform • SB 7: Allow Seating for Food Stands • SB 25: Zoning/Design and Aesthetic Controls • SB 255: Durham Voluntary Annexation Petitions • SB 256: Durham Voluntary Annexation Petitions/Adjacent Streets Planning Commission Minutes June 9, 2015 Page 3 of 4  B. Chair Harris read into record the Resolution for Elise Bielen. (Resolution to follow) Motion: To approve the resolution for Elise Bielen. (Miller, Hyman 2nd) Action: Motion carried, 11-0. RESOLUTION IN APPRECIATION OF MS. ELISE BIELEN WHEREAS: Ms. Elise Bielen was a member of the Durham Planning Commission from May 2013 through April 2015 and; WHEREAS: The Durham Planning Commission and the citizens of the City and County of Durham have benefited from the dedicated efforts that she displayed while serving as a member of the Durham Planning Commission, and; WHEREAS: This Commission desires to express its appreciation for the public of a job well done, now therefore; BE IT RESOLVED BY THE DURHAM PLANNING COMMISSION: Section 1: That this Commission does hereby express its sincere appreciation for the service rendered by Ms. Bielen to the citizens of this community. Section 2: That the Clerk for the Commission is hereby directed to spread this resolution in its entirety upon the official minutes of this Commission and this resolution is hereby presented to Ms. Bielen as a token of the high esteem held for her. Adopted this 9th day of June, 2015 Chairman, David Harris C. Budget Request Update- Chair Harris inquired about the training request. Mr. Young responded that the budget had not yet been approved and that he would follow up then. 8. Adjournment The meeting adjourned at. 7:25 p.m. The next scheduled meeting is July 14, 2015, 5:30 p.m. Planning Commission Minutes June 9, 2015 Page 4 of 4