Planning Commission (PC)

Durham Planning Commission M I N U T E S July 12, 2016 ▪ 5:30 p.m. City Council Chambers – 1st Floor 101 City Hall Plaza, Durham, NC I. Call to Order Chair, Harris called the meeting to order at 5:30 p.m. II. Roll Call MOTION: To excuse Mr. Buzby and Mr. Al-Turk. (Miller, Brine, 2nd) ACTION: Motion carried, 12-0. Members Present: George Brine DeDreana Freeman Charles Gibbs Nil Ghosh David Harris, Chair Paul Hornbuckle Elaine Hyman, Vice-Chair Cedric Johnson Armeer Kenchen Tom Miller Andre D. Vann Melvin Whitley Excused Members Absent: Akram Al-Turk Brian Buzby Staff Present: Grace Smith, Planning Supervisor Laura Woods, Senior Planner Kyle Taylor, Planner Jacob Wiggins, Planner Bill Judge, Development Review Engineer Susan Cole, Clerk III. Adjustments to the Agenda Ms. Smith requested to add an item under New Business, a resolution for Ms. Linda Huff for her service on the Planning Commission. Chair Harris added an item under New Business, Announcements. Durham Planning Commission Minutes-July 12, 2016 APPROVED Page 1 of 7  MOTION: Approve the adjustments to the Agenda. (Brine, Vann 2nd) ACTION: Motion carried, 12-0. IV. Approval of the Minutes MOTION: Approve the Minutes from June 14, 2016 with the updated consistency statement for case Z1500036 (Miller, Brine 2nd). ACTION: Motion carried, 12-0. MOTION: Approve the minutes from February 9, 2016 with consistency statements and the corrected Roll Call. (Brine, Vann 2nd) ACTION: Motion carried, 12-0. V. Public Hearing: Comprehensive Plan Amendment – None VI. Public Hearing- Plan Amendment with Concurrent Zoning Map Change Request A. Ellis Road Commercial (A1500004 & Z1500007) Plan Amendment Request: Multiple parcels north of Ellis Road, east of NC 147 (Durham Freeway), west of Southern Railway right-of-way, west of Miami Boulevard, south of Wrenn Road; Request: From Industrial to Commercial; PINs: 0749-01-37-2024, -2226, - 2326, -2426; -2527, -2627, -2820, -2933, 0749-01-26-9978, 0749-01-27-9078, -9178, - 9362, -9463, -9563, -9663, -9753, 0749-01-27-9853, -9953, 0749-01-37-4493, 0749-01- 27-9274, -1675 (partial), -6195 (partial) Staff Reports: Laura Woods presented case A1500004. Zoning Map Change Request: 2511 Ellis Road; Request: From Commercial General with a Development Plan (CG(D)), Industrial Light with a Development Plan (IL(D)), and Residential Suburban-20 (RS-20) to Commercial General with a Development Plan (CG(D)); PINs: 0749-01-18-5112; -26-9978; -27-0562, -6433, -9078, -9178, -9274, -9362, - 9463, -9563, -9663, -9753, -9853, -9953; -28-0274; -37-2024, -2226, -2326, -2426, -2527, -2627, -2820, -2933, -4493; -38-1675(partial), -6195(partial) Staff Report: Jacob Wiggins presented case Z1500007. Public Hearing: Chair Harris opened the public hearing. The applicant spoke in support. No one spoke in opposition. Commission Discussion: The discussion centered on the potential traffic impacts and environmental concern. MOTION: Recommend approval of case A1500004. (Brine, Whitley 2nd) ACTION: Motion carried, 12-0. MOTION: Recommend approval of case Z1500007. 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. Durham Planning Commission Minutes-July 12, 2016 APPROVED Page 2 of 7 B. Ellis Road Townhomes (A1600003 & Z1600004) Plan Amendment Request: Multiple parcels north of Ellis Road, east of Southern Railway right-of-way, west of Miami Boulevard, south of Cash Road; to amend the Future Land Use Map from Low Density Residential (4 DU/Ac. or less) to Low-Medium Density Residential (4-8 DU/Ac.); PINs: 0749-01-46-8628, -02-57-1682, -2151, -4105 Staff Report: Laura Woods presented case A1600003. Zoning Map Change Request: 2511 Ellis Road; Request to amend the zoning from Residential Suburban-20 (RS-20) to Planned Development Residential 7.550 (PDR 7.550); PINs: 0749-01-46-8628; -02-57-1682, -2151, -4105 Staff Report: Jacob Wiggins presented case Z1600004. Public Hearing: Chair Harris opened the public hearing for cases A1600003 and Z1600004. Three individuals spoke in support. One citizen spoke in opposition. Chair Harris closed the public hearing. Commission Discussion: The discussion centered on the utility extension agreement, the proposed orientation of the garage doors, and increased traffic. MOTION: To reopen and continue the public hearing for 60 days (two cycles). (Brine, Hornbuckle 2nd). ACTION: Motion carried, 9-3 with Gibbs, Kenchen and Whitley voting no. C. Southpoint Trails II (A1600002 & Z1600003) Plan Amendment Request: Multiple parcels north of Stagecoach Road, west of NC Highway 751, south of Massey Chapel Road; Request from Low Density Residential (4 DU/Ac. or less) to Low-Medium Density Residential (4-8 DU/Ac.); PINs: 0717-01-18-9875 (in part); 0717-01-29-2103, 0717-01-29-2133, -2163; -4020, 0717-01-28-3999, -3979, - 3949, -2988, -2958, -2938, -2908, -1978, -1948, -1918, -0989, -0959; 0717-01-28-0928; 0717-01-18-9998, -9959; 0717-01-19-9143, -9173; 0717-01-29-0103; -0133, -0163, - 0193, -1113, -1143, -1173, -3124, -3155; -3175; 0717-01-29-4105, -2046 Staff Report: Laura Woods presented case A1600002. Zoning Map Change Request: 8512 NC 751 Highway, west side of NC 751 Highway, north of Stagecoach Road and south of Massey Chapel Road; Request from Planned Development Residential 5.500 (PDR 5.500) to Planned Development Residential 5.500 (PDR 5.500); PINs: 0717-01-18-9875, -9998, -9959, -19-9143, -9173, -28-3999, -3979, - 3949, -2988, -2958, -2938, -2908, -1978, -1948, -1918, -0989, -0959, -0928, -29-1173, - 2103, -2133, -2163, -3124, -2046, -0103, -0133, -0163, -0193, -1113, -1143, -3155, - 3175, -4105, -4020 Staff Report: Kyle Taylor presented case Z16500003. Public Hearing: Chair Harris opened the public hearing for cases A1600002 and Z1600003. Two individuals spoke in support. No one spoke in opposition. The applicant confirmed the revised proffered commitment for affordable housing as follows: The Developer shall provide a payment to the city of Durham of $15,000.00 per Affordable Housing Unit for a total of 5 (Five) units previously committed to and approved in the original rezoning request dated July 10, 2012 for the purpose of affordable Housing. Durham Planning Commission Minutes-July 12, 2016 APPROVED Page 3 of 7  Payment shall be made prior to final Site Plan Approval. Chair Harris closed the public hearing. Commission Discussion: The discussion centered on the revised text commitment for affordable housing and how the request for the change to the Future Land Use Map, if approved, would bring the zoning designation into compliance with the Comprehensive Plan. MOTION: Recommend approval of case A1600002. (Miller, Whitley 2nd) ACTION: Motion carried, 12-0. MOTION: Recommend approval of case Z1600003. (Miller, Hyman 2nd) 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. D. Bethpage Village IV (A1600004 & Z1600008) Plan Amendment Request: Portions of multiple parcels north of Chin Page Road, west of Page Road; Request from Industrial to Low-Medium Density Residential (4-8 DU/Ac.); PINs: 0758-03-20-6831 (partial), 0748-03-94-8113 (partial), 0758-03-02-8881 (partial) Staff Report: Laura Woods presented case A1600004. Zoning Map Change Request: Northwest quadrant of the intersection of Page Road and Chin Page Road; Request: From Planned Development Residential 4.733 (PDR 4.733), Industrial Light with a development plan (IL(D)), and Commercial General with a development plan (CG(D)) to Planned Development Residential 4.733 (PDR 4.733), Industrial Light with a development plan (IL(D)), and Commercial General with a development plan (CG(D)); PINs: 0758-03-20-6831 (partial), 0748-03-94-8113 (partial), 0758-03-02-8881(partial) Staff Report: Kyle Taylor presented case Z1600008. Public Hearing: Chair Harris opened the public hearing for cases A1600004 and Z1600008. Three individuals spoke in support. No one spoke in opposition. Chair Harris closed the public hearing. Commission Discussion: Discussion centered on site access for drive #2, as shown on the revised development plan, and the number of residential units not increasing from the previously approved zoning. MOTION: Recommend approval of case A1600004. (Brine, Freeman 2nd) ACTION: Motion carried, 12-0. MOTION: Recommend approval of case Z1600008. (Brine, Whitley 2nd) 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 Durham Planning Commission Minutes-July 12, 2016 APPROVED Page 4 of 7  recommends approval based on comments received at the public hearing and the information in the staff report. VII. Public Hearing: Zoning Map Change Request A. 4830 Hope Valley Road (Z1500016) Zoning Map Change Request: 4830 Hope Valley Road; Request from Commercial Neighborhood (CN) to Commercial General with a development plan (CG(D)); PINs: 0718-01-19-7806 Staff Report: Mr. Taylor presented Z1500016. Public Hearing: Chair Harris opened the public hearing. Two citizens spoke in support, and five spoke in opposition. Chair Harris closed the public hearing. Commission Discussion: Discussion centered on traffic concerns, potential foot traffic, and the potential incompatibility of the use being compatible (height specifically) with the surrounding area. MOTION: Reopen the public hearing and grant applicant’s request to continue 30 days (one cycle). (Miller, Brine 2nd). ACTION: Motion carried 12-0. B. 3233 NC55 Highway (Z1500017) Zoning Map Change Request: 3233 NC Highway 55; Request from Commercial Neighborhood with a development plan (CN(D)) to Commercial General with a development plan (CG(D)); PINs: 0739-03-34-3788 Staff Report: Mr. Taylor presented Z1500017. Public Hearing: Chair Harris opened the public hearing. One citizen spoke in support, and no one spoke in opposition. Chair Harris closed the public hearing. Commission Discussion: Discussion centered on possible edits that could be made to the language regarding the design commitments and how that language may closely match the architectural rendering included in the Development plan. MOTION: To send case Z1500017 forward to the City Council with a favorable recommendation on the condition that the design commitments in the development plan are rewritten to expressly contemplate the inclusion of the elevation proffered at the Commissioner’s meetings in May and July. (Miller, Hornbuckle (Brine 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. C. Copley Farm (Z1600013) Zoning Map Change Request: 3635, 3717, 3723, and 3727 Freeman Road; Request: From Residential Suburban-20 (RS-20) to Residential Rural (RR); PINs: 0851-01-27-6690 (partial); -37-5867, -6886, -8829 Staff Report: Mr. Wiggins presented Z1600013. Public Hearing: Chair Harris opened the public hearing. One citizen spoke in support, and no one spoke in opposition. Chair Harris closed the public hearing. Commission Discussion: No concerns were raised. Durham Planning Commission Minutes-July 12, 2016 APPROVED Page 5 of 7  MOTION: Recommend approval of case Z1600013 as presented by staff. (Brine, Hyman 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. D. The Towns at Southpoint (Z1500042) Zoning Map Change Request: 6300, 6200, and 6304 Barbee Road; Request from Residential Suburban-20 (RS-20) to Planned Development Residential 7.069 (PDR 7.609); PINs: 0728-01-46-3740, -46-3363, -46-4214 Staff Report: Mr. Taylor presented Z1500042. Public Hearing: Chair Harris opened the public hearing. One citizen spoke in support and four spoke in opposition. Commission Discussion: Discussion centered on traffic concerns, potential height of structures and the 8 foot fence referenced in the text commitments. MOTION: Recommend approval of case Z1500042. (Miller, Brine 2nd) ACTION: Motion failed, 0-12. Consistency Statement: The Planning Commission finds that the ordinance request is consistent with the adopted Comprehensive Plan however, 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. VII. New Business Chair Harris read into the record a resolution for Ms. Linda Huff for her service to the Planning Commission. RESOLUTION IN APPRECIATION OF MS. LINDA HUFF WHEREAS: Ms. LINDA HUFF was a member of the Durham Planning Commission from August 26, 2013 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. Linda Huff 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. Linda Huff as a token of the high esteem held for her. Adopted this 12th day of July, 2016, David Harris, Chair MOTION: Approve the resolution (Miller, Brine 2nd) Durham Planning Commission Minutes-July 12, 2016 APPROVED Page 6 of 7  ACTION: Motion carried, 12-0. Chair Harris announced that there are funds budgeted for training and encouraged members to look into classes at the Institute of Government in Chapel Hill and consult with staff on how to request reimbursement if so approved. IX. Adjournment The meeting adjourned at 9:31 p.m. Durham Planning Commission Minutes-July 12, 2016 APPROVED Page 7 of 7