Planning Commission (PC)

Durham Planning Commission M I N U T E S June 14, 2016 ▪ 5:30 p.m. City Council Chambers – 1st Floor 101 City Hall Plaza, Durham, NC 1. Call to Order Vice Chair, Hyman 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 Linda Huff Elaine Hyman, Vice-Chair Armeer Kenchen Tom Miller Andre D. Vann Melvin Whitley Rebecca Winders Excused Members Absent: David Harris, Chair Staff Present: Sara Young, Assistant Planning Director Grace Smith, Planning Supervisor Scott Whiteman, Planning Supervisor Lisa Miller, Senior Planner Laura Woods, Senior Planner Kyle Taylor, Planner Bill Judge, Development Review Engineer Susan Cole, Clerk 3. Adjustments to the Agenda Ms. Smith requested the following agenda changes: items VI(A) North Roxboro Retail (A1500002 & Z1500006) and item VI(B) Shannon Road Retail (A1500022) were withdrawn by the applicant. In addition, Mr. Miller proposed moving item V(A) Annual Evaluation and Assessment Report (A1600001) to be heard after item VII(D) Golden Belt Historic District (X1000004). Durham Planning Commission Minutes-June 14, 2016 APPROVED Page 1 of 6  MOTION: Approve the reordering of the Agenda. (Whitley, Miller 2nd) ACTION: Motion carried, 11-0 (Ms. Huff not yet present). 4. Approval of the Minutes MOTION: Approve the Minutes from May 10, 2016 (Brine, Buzby 2nd). ACTION: Motion carried, 11-0 (Ms. Huff, not yet present). 5. Public Hearings: Plan Amendment with Concurrent Zoning Map Change Request B. Shannon Road Retail (Z1500036) (associated Case A150002 withdrawn) Zoning Map Change Request: Residential Suburban – Multifamily (RS-M) to Commercial Neighborhood with a development plan (CN(D)) to PINs: 0810-10-25-8861, -8608. Staff Reports: Ms. Smith presented case Z1500036. Public Hearing: Vice Chair Hyman opened the public hearing. The applicant spoke in support. No one spoke in opposition. Vice Chair Hyman closed the public hearing. Commission Discussion: The discussion centered on the number of flex units proposed to be built. MOTION: Recommend approval of case Z1500036. (Miller, Brine 2nd) ACTION: Motion carried, 11-0 (Ms. Huff not yet present). Consistency Statement: The Planning Commission finds that the ordinance request is not consistent with the adopted Future Land Use Map but is consistent with other Comprehensive Plan policies. Should the pending staff initiated zoning map change for the South Square Design District 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. Additional Adjustment to the Agenda MOTION: Move item VI (C) East End Connector Land Use Analysis (A1600005 & Z1600009) to later on the agenda per staff request. (Miller, Buzby 2nd) ACTION: Motion carried, 11-0 (Ms. Huff not yet present). 6. Public Hearing: Zoning Map Changes Request A. Farrington Place Southpoint (Z1500028) Zoning Map Change Request: Residential Rural (RR) to Residential Suburban – 20 with a development plan (RS-20(D)) PIN: 0707-02-69-0776. Staff Report: Mr. Taylor presented case Z1500028. Public Hearing: Vice Chair Hyman opened the public hearing. The applicant spoke in support, and no one spoke in opposition. Vice Chair Hyman closed the public hearing. Commission Discussion: Commissioners expressed appreciation of the avoidance of mass grading. MOTION: Recommend approval of case Z1500028. (Buzby, Brine 2nd). ACTION: Motion carried, 11-0 (Ms. Huff not yet present). Durham Planning Commission Minutes-June 14, 2016 APPROVED Page 2 of 6  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. Berini Drive Assemblage (Z1500039) Zoning Map Change Request: From Residential Suburban - 20 (RS-20) to Planned Development Residential 3.735 (PDR 3.735) PINs: 0813-03-11-1497, 0813-03-21-3437, 0813-03-20-3919, 0813-03-21-8063. Staff Report: Mr. Taylor presented case Z1500039. MOTION: To allow all speakers to have 3 minutes each and the other side equal time. (Miller, Brine 2nd) ACTION: Motion carried, 11-0. (Ms. Huff not yet present) MOTION: Recuse Mr. Ghosh. (Miller, Brine 2nd) ACTION: Motion carried, 10-0 (Ms. Huff not yet present). Public Hearing: Vice Chair Hyman opened the public hearing. The applicant spoke in support along with one other citizen. Twelve citizens spoke in opposition. Vice Chair Hyman closed the public hearing. Commission Discussion: Concerns centered on traffic, residential design, valuation issues, citizens’ concerns with the development, pavement structure with traffic and with the watershed. Ms. Huff arrived to the meeting at this time. MOTION: Recommend approval of case Z1500039. (Buzby, Brine 2nd). ACTION: Motion failed, 0-11 (Gosh recused). Consistency Statement: The Planning Commission finds that the ordinance request is consistent with the adopted Comprehensive Plan. The Commission believes the request is not reasonable and in the public interest and recommends denial based on comments received at the public hearing regarding traffic concerns, neighboring land uses, impacts on environment, opposition from the community and the information in the staff report. C. Moe’s Tavern (Z1600005) Zoning Map Change Request: From Residential Suburban – 10 (RS-10) (0.455 Acre), Commercial Neighborhood (CN) (0.222 Acre) to Commercial Neighborhood (CN) PIN: 0829-01-18-7008 (partial). Staff Report: Mr. Taylor presented case Z1600005. Public Hearing: Vice Chair Hyman opened the public hearing. The applicant spoke in support, and no one spoke in opposition. Vice Chair Hyman closed the public hearing. Commission Discussion: No concerns were raised. MOTION: Recommend approval of case Z1600005. (Miller, Huff 2nd). ACTION: Motion carried 12-0. 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. Durham Planning Commission Minutes-June 14, 2016 APPROVED Page 3 of 6  D. Golden Belt Historic District (X1000004) MOTION: Recuse Ms. Freeman. (Miller, Brine 2nd) ACTION: Motion carried, 11-0. Zoning Map Change Request: A preservation plan and boundary for the creation of the Golden Belt Local Historic District zoning overlay. The area of consideration for the local historic district includes the following PINs: 0831-09-25-1228; -2144; -2163; -2191; -2306; 0831-10-25-4360; 0831-10-25-4487; -6639; -7007; -7065; -7134; -7191; -8023; -8059; -8198; -8207; -8231; -8278; -9016; -9073; -9166; -9226;-9293; 0831-10-35-0123; -0250; -0314; -0441; -0477; -0709; -0796; -1019; -1076; -1135; -1285; -1513; - 1549; -1746; -2043; -2102; -2170; -2243; -2313; -2370; -2463; -2705; -2751; -3036; -3187; -3210; -3247; -3388; -3421; -3469; -3502; -3655; -4143; -4204; -4270; -4355; -4427; -4474; -4612; - 4670; -5321; -5388; -5431; -5537; -5585; -6083; -6141; -6264; -6521; -7077; -7100; -7203; -7261; -7302; -7341; -8025; -8082; -8127; -8175; -8208; -8266; -9133; -9213; -9261; 0831-13-25-3086; 0831-14-24-5947; -5953; -5988; -5994; -6809; -6827; -6846; -6855; 0831-14- 24-6874; -6965; - 7802; -7867; -7902; -7951; -8822; -8978; -9946; 0831-14-25-4090; 0831-14-34-1888; -3909; - 3976; -4742; -4789; -5609; -5676; -5747; -5848; -5896; -5975; -6633; -6691; -6714; -6762; -6853; -6933; -6990; -7629; -7779; -7811; -7847; -7895; -7938; -7997; -8945; 0831-14-35-4002; -6025. Staff Report: MdM Consultants present the proposed district boundary and preservation plan. Public Hearing: Vice Chair Hyman opened the public hearing. Three citizens spoke in support and two citizens spoke in opposition. Vice Chair Hyman closed the public hearing. Commission Discussion: Discussion centered on the proposed boundaries and architectural styles, and the future use of properties owned by the Durham Rescue Mission. MOTION: Recommend approval of case X1000004 with the consultant’s proposed boundary. (Miller, Kenchen 2nd). ACTION: Motion carried, 7-4. (Brine, Ghosh, Whitley and Gibbs, 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 the public interest and recommends approval based on comments received at the public hearing and the information in the staff report. VII. Public Hearings: Comprehensive Plan Amendments A. Annual Evaluation and Assessment Report (A1600001) Technical updates to the Future Land Use Map that rectify changes to the Future Land Use Map adopted by each governing body in 2015, as well as several amendments to the Durham Comprehensive Plan policies. Staff Reports: Ms. Woods presented case A1600001. Public Hearing: Vice Chair Hyman opened the public hearing. No one person spoke in support or opposition. Vice Chair Hyman closed the public hearing. Durham Planning Commission Minutes-June 14, 2016 APPROVED Page 4 of 6  Commission Discussion: Some discussion on stormwater controls and the affordable housing concept. MOTION: Recommend approval of case A1600001. ACTION: Motion carried, 12-0. V1. Public Hearing- Plan Amendment with Concurrent Zoning Map Change Request C. East End Connector Land Use Analysis (A1600005 & Z1600009) Plan Amendment Request: Request: Low-Medium Density Residential, Medium Density Residential, Industrial, and Commercial to Industrial, Low-Medium Density Residential, Medium Density Residential, Recreation/Open Space, Institutional, and Commercial. PINs: 0840-02-57-2590; -3222; -6305; - 7451; -8443; 0840-02-67-0111.SPL; 0840-05-08-9072; -9786; 0840-05-19-2812; -3903; 0840-06- 38-6490; 0840-06-47-1739; -2836; -2938; -3538.SPL; -4979; 0840-06-48-3136; -4039; 0840-06- 49-0579; 0840-07-47-9809.SPL; 0840-07-48-9095.SPL; 0840-07-57-5525; 0840-09-16-6983; - 8693; -8706; -9571; 0840-09-17-5137; -6024; 0840-09-26-0349; 0840-10-25-5676; -6537.SPL; - 6611; 0840-10-57-6679.SPL; 0841-13-22-4619; 0841-13-23-1609; -2502; -4212; 0841-14-32- 3600; -5516; -5634; 0841-18-22-4514; -8472; -9366; 0841-18-31-1616; -5680; 0841-18-32-0022; -1209; -1405; -2002; -3071; -3384; -5050; -6090; -6299; -6304; -7415; -8040; -8249; -8496; 0841- 18-40-3231; -0815; 0841-18-42-0000; -0209 Staff Reports: Ms. Miller presented cases A1600005 and Z1600009. Public Hearing: Vice Chair Hyman opened the public hearing. One citizen spoke in support. No one spoke in opposition. Vice Chair Hyman closed the public hearing. Commission Discussion: The discussion centered on the proposed industrial use on Carr Road and watershed protection for Northeast Creek. MOTION: Recommend approval as presented by staff for case A1600005. ACTION: Motion carried, 8-4. (Miller, Brine, Kenchen, Freeman voting no). Zoning Map Change Request: Request: Light Industrial, Commercial General, and Residential Urban-5 to Residential Suburban- 8, Residential Urban-5, and Office and Institutional Staff Report: Lisa Miller presented case Z1600009. Public Hearing: Vice Chair Hyman open the public hearing. Commission Discussion: None. MOTION: Recommend approval of case Z1600009. ACTION: Motion carried, 12-0. 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. VIII. New Business Durham Planning Commission Minutes-June 14, 2016 APPROVED Page 5 of 6  Vice Chair Hyman presented Ms. Winders a resolution is appreciation for her service to the Planning Commission. RESOLUTION IN APPRECIATION OF MS. REBECCA WINDERS WHEREAS: Ms. Rebecca Winders was a member of the Durham Planning Commission from March 18, 2010 through June 30, 2016 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. Rebecca Winders 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. Winders as a token of the high esteem held for her. Adopted this 14th day of June, 2016 MOTION: Approve the resolution (Miller, Brine 2nd) ACTION: Motion carried, 11-0. Mr. Buzby asked for an excused absence in July, he will unable to attend the meeting. Ms. Smith introduced new Planning Commissioner, Mr. Cedric Johnson. He will begin his term in July. IX. Adjournment The meeting adjourned at 10:12 p.m. Durham Planning Commission Minutes-June 14, 2016 APPROVED Page 6 of 6