Planning Commission (PC)

Durham Planning Commission M I N U T E S April 12, 2016 ▪ 5:30 p.m. City Council Chambers – 1st Floor 101 City Hall Plaza, Durham, NC 1. Call to Order Chair Harris called the meeting to order at 5:30 p.m. 2. Roll Call Members Present: George Brine Brian Buzby DeDreana Freeman Charles Gibbs Nil Ghosh David Harris, Chair Linda Huff Elaine Hyman, Vice-Chair Armeer Kenchen Tom Miller Andre Vann Melvin Whitley Rebecca Winders Excused Members Absent: None Staff Present: Sara Young, Assistant Planning Director Grace Smith, Planning Supervisor Scott Whiteman, Planning Supervisor Mike Stock, Senior Planner Amy Wolff, Senior Planner Supriya Chewle, Senior Planner Bill Judge, Transportation Engineer Susan Cole, Clerk 3. Adjustments to the Agenda Ms. Smith informed the Commission that a deferral had been requested and approved for agenda item 5A, North Roxboro Retail (A1500002 & Z1500006), until the May 10, 2016 meeting. MOTION: To reorder the agenda. (Brine, Miller 2nd) Approved Durham Planning Commission Regular Meeting Minutes April 12, 2016 Page 1 of 5  ACTION: Approved, 13-0 4. Approval of the Minutes MOTION: Approve the Minutes from March 8, 2016 (Brine, Hyman 2nd). ACTION: Motion carried, 13-0. 5. Public Hearings: Plan Amendments with Concurrent Zoning Map Changes Request B. TW/55 Multifamily (A1500013 and Z1500032) Plan Amendment Request: From: Industrial (3.66 ac.) and Medium Density Residential (6-12 DU/Ac.) (14.08 ac.) to Medium-High Density Residential (8-20 DU/Ac.)(17.74 ac.); PINs: 0737-01-16- 9142 (partial), -26-4307 (partial), -25-4873 (partial). Zoning Map Change Request: Commercial Neighborhood (CN) (9.11 ac.) and Residential Rural (RR) (16.97 ac.) to Residential Suburban - Multifamily with a development plan (RS-M(D)); PINs: 0737-01- 16-9142 -26-4307, -25-4873 Staff Reports: Ms. Wolff presented cases A1500013 and Z1500032. Public Hearing: Chair Harris opened the public hearing. One citizen spoke in support. No one spoke in opposition. Chair Harris closed the public hearing. Commission Discussion: The discussion centered on density, transportation, sidewalks, affordable housing and the sewage plant located nearby. MOTION: Recommend approval of A1500013. (Brine, Whitley 2nd) ACTION: Motion carried, 11-2 with Freeman and Winders voting no. MOTION: Recommend approval of Z1500032. (Brine, Whitley 2nd) ACTION: Motion carried, 11-2 with Freeman and Winders voting no. Consistency Statement: 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. C. Witherspoon Garrett Road (A1500023 and Z1500037) Plan Amendment Change Request: Office (4.28 ac.) and Recreation and Open Space (0.30 ac.) to Low Density Residential (4 DU/Ac. or less) (4.58 ac.). PIN: 0800-04-81-0900. Zoning Map Change Request: Office Institutional (OI) to Residential Rural with a development plan (RR(D)); PIN: 0800-04-81-0900. Staff Reports: Ms. Wolff presented cases A1500023 and Z1500037. Public Hearing: Chair Harris opened the public hearing. One citizen spoke in support. No one spoke in opposition. Chair Harris closed the public hearing. Commission Discussion: The discussion centered recreation open space and flood areas. MOTION: Recommend approval of A1500023. (Gibbs, Brine 2nd) ACTION: Motion carried, 11-2 with Brine and Buzby voting no. MOTION: Recommend approval of Z1500037. (Miller, Whitley 2nd) Approved Durham Planning Commission Regular Meeting Minutes April 12, 2016 Page 2 of 5  ACTION: Motion carried, 11-2 with Brine, Buzby voting no. Consistency Statement: 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 Hearings: Text Amendments to the Unified Development Ordinance A. TC1500002 UDO Graphics Request: A text amendment consisting of new graphics, or revisions to existing graphics, for current standards within the Article 6, District Intensity Standards; Article 9, Landscaping and Buffering; Article 10, Parking and Loading; and Article 16, Definitions, of the Unified Development Ordinance. Staff Reports: Mr. Stock presented case TC1500002. Public Hearing: Chair Harris opened the public hearing. No one spoke in support or opposition. Chair Harris closed the public hearing. Commission Discussion: The discussion centered on a request from Commissioner Huff to consider a text amendment to the end-to-end spacing requirements for bicycle racks in Sec. 10.4.4, of which staff agreed to amend and include prior to forwarding on to the governing bodies. Fencing requirements to the rear of properties was also discussed in regards to the proposed graphic. MOTION: Recommend approval of TC150002. (Freeman, Brine 2nd) ACTION: Motion carried, 13-0. Consistency Statement: 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. TC1500006 Reasonable Accommodations Request: A text amendment to establish a process for allowing individuals with disabilities a mechanism for relief from requirements of the UDO, or reasonable accommodation, as required by the federal Fair Housing Act and Americans with Disabilities Act. This includes amendments to Article 2, Review Authority; Article 3, Applications and Permits; and Article 16, Definitions, of the Unified Development Ordinance. Staff Reports: Ms. Chewle presented case TC1500006. Public Hearing: Chair Harris opened the public hearing. No one spoke in support or opposition. Chair Harris closed the public hearing. Commission Discussion: The discussion centered on minor typos and clarifying that the reasonable accommodation will run with the applicant and not the property. MOTION: Recommended approval of TC150006. (Buzby, Miller 2nd) ACTION: Motion carried, 12-1 with Freeman voting no. Consistency Statement: The Planning Commission finds that the ordinance request is consistent with the adopted Comprehensive Plan. The Commission believes the request is reasonable and in Approved Durham Planning Commission Regular Meeting Minutes April 12, 2016 Page 3 of 5  the public interest and recommends approval based on comments received at the public hearing and the information in the staff report. C. TC1500007 Technical Changes-Legislation Request: A text amendment consisting of technical revisions to Article 3, Applications and Permits; Article 4, Zoning Districts; Article 5, Use Regulations; Article 6, District Intensity Standards; Article 7, Design Standards; Article 8, Environmental Protection; Article 9, Landscaping and Buffering; Article 12, Infrastructure and Public Improvements; and Article 16, Definitions, of the Unified Development Ordinance, to comply with state legislation and case law. Staff Reports: Mr. Stock presented case TC1500007. Public Hearing: Chair Harris opened the public hearing. No one spoke in support or opposition. Chair Harris closed the public hearing. Commission Discussion: Discussion centered on impacts to neighborhood protection overlays and the amendment in response to Byrd v. Franklin. Other clarifications were also discussed. MOTION: Recommend approval ofTC1500007. (Miller, Buzby 2nd) ACTION: Motion carried, 13-0. Consistency Statement: 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. Ms. Winders brought up the concern of letter notifications. In addition to property owners receiving notice of public hearings, Ms. Winders would like residents of properties to be notified (State Law and the Unified Development Ordinance specify property owners within the notification area will be notified). There was discussion among the commission with differing opinions about her idea; the consensus was to revisit this topic at a later date. B. Mr. Miller asked that a Resolution be prepared for Amy Wolff A Resolution by the Durham City-County Planning Commission in APPRECIATION OF THE SERVICE OF AMY WOLFF. WHEREAS the welfare of the people of the City and County of Durham depends in no small measure upon the professional knowledge and hard work of the members of its planning staff; and WHEREAS Amy Wolff of the Planning staff has, during her years of service with the Durham Planning Department, exhibited a high degree of professionalism, patience and good humor in her service to the development community, government officials, and ordinary citizens; and WHEREAS Ms. Wolff has served the Planning Commission with her careful review of and thoughtful reporting on hundreds or rezonings, plan amendments, and other development proposals; and WHEREAS the Planning Commission has come to rely on Ms. Wolff’s service for the quality of its own work; THEREFORE BE IT RESOLVED that the Chairman and members of the Durham City-County Planning Commission hereby express to Amy Wolff its heartfelt thanks and its best wishes to her for in the future. This 12th day of April, 2016. C. FY17 City-County Planning Department Work Program Sara Young presented the Work Plan, and highlighted all of the new work program items for FY16-17. Dick Hails spoke asking that the Compact Design District implementation projects be delayed so a temporary measure can be developed to allow for higher densities with the Approved Durham Planning Commission Regular Meeting Minutes April 12, 2016 Page 4 of 5  provision of affordable housing in these areas. Staff expressed concern with the suggested approach, noting that the design district zoning could also provide an enhanced density bonus but would require transit supportive design in these future transit station areas. MOTION: Move forward to City Council and the Board of County Commissioners with a recommendation of approval with two additions: 1) to include a City-initiated rezoning for the Erwin Road Compact Neighborhood North of I-85 to rezone that to be consistent with the zoning category in the Ninth Street Compact Design District; and 2) to propose a City-initiated rezoning in East Durham to resolve an inconsistent zoning pattern. This would be outside of the proposed Alston Avenue Compact Neighborhood Tier. (Miller, Freeman 2nd) ACTION: Motion carried, 13-0. 8. Adjournment The meeting adjourned at 9:30 P.M. Respectfully submitted, Susan Cole, Clerk to the Planning Commission Approved Durham Planning Commission Regular Meeting Minutes April 12, 2016 Page 5 of 5