1
00:00:12,880 --> 00:00:23,620
Good evening. I now call this meeting to order. Welcome to our presenters, participants, staff and members of the community. Thank you for coming this evening and participating in this very important process.

2
00:00:24,440 --> 00:00:29,040
Tonight, the first item on the agenda is to adopt the agenda. Do we have a motion?

3
00:00:30,920 --> 00:00:34,660
I moved to adopt the agenda. Motion by Ms. Shepard.

4
00:00:35,640 --> 00:00:41,520
Second, by Mr. Moore, those in favor, I, in raise your hand, I, motion carries six to zero.

5
00:00:42,200 --> 00:00:47,660
The second item is the approval of minutes from meetings on July 14th, as well as August 11th.

6
00:00:48,400 --> 00:00:49,100
Do we have a motion?

7
00:00:52,620 --> 00:00:55,620
I have a motion to accept the minutes from our last two meetings.

8
00:00:55,940 --> 00:00:58,400
Motion to accept the minutes by Mr. Moore.

9
00:01:00,600 --> 00:01:07,420
Second, second, by Mr. Thomas, those in favor, I, in raise your hand, I, motion carries six to zero.

10
00:01:07,420 --> 00:01:11,880
Now, with that, the next item on the agenda is new business with public comment.

11
00:01:11,960 --> 00:01:17,580
This is consideration of legislative case, RZ24-03, Franklin Street Towns

12
00:01:17,580 --> 00:01:18,340
comment area.

13
00:01:19,040 --> 00:01:22,220
I welcome Mr. Richards to the stage.

14
00:01:28,520 --> 00:01:31,400
Thank you, Chair Davis, members of the planning board.

15
00:01:32,660 --> 00:01:37,070
Give me one minute and I will pull up my presentation.

16
00:01:39,780 --> 00:01:41,400
See you now, I forget the keyboard shortcut.

17
00:02:15,800 --> 00:02:17,560
All right, well, I'll present it like this.

18
00:02:17,720 --> 00:02:19,560
You all can see it.

19
00:02:19,580 --> 00:02:19,920
I apologize.

20
00:02:20,300 --> 00:02:22,520
It's been some time since I've been before anybody.

21
00:02:22,840 --> 00:02:24,100
It is good to be here tonight.

22
00:02:24,580 --> 00:02:27,380
The case that I'm presenting is RZ243,

23
00:02:27,560 --> 00:02:30,760
Franklin Street Towns Common Area, proposed

24
00:02:30,760 --> 00:02:33,660
rezoning to the conditional district,

25
00:02:34,160 --> 00:02:36,200
the sole condition of being development

26
00:02:36,780 --> 00:02:41,740
must occur in accordance with the proposed master plan.

27
00:02:42,860 --> 00:02:49,460
As far as application information, the owner and applicant is Franklin Street Towns, LLC,

28
00:02:51,600 --> 00:02:52,520
the...

29
00:02:52,520 --> 00:02:55,700
Oh, yes, thank you.

30
00:02:55,960 --> 00:02:59,680
This will make some hope for a presentation mode.

31
00:03:00,300 --> 00:03:07,400
The pin is 1-84057-1129, 4.81 acres.

32
00:03:08,080 --> 00:03:09,180
Thank you.

33
00:03:09,180 --> 00:03:11,820
It is in the town's corporate limits.

34
00:03:12,100 --> 00:03:14,440
Current zoning is residential mixed use.

35
00:03:14,540 --> 00:03:18,100
The proposed zoning would be residential mixed use,

36
00:03:18,100 --> 00:03:20,140
conditional district, again, the full condition

37
00:03:20,140 --> 00:03:23,680
being the applicability of the master plan to future development.

38
00:03:25,560 --> 00:03:30,880
Current use is common area in a mostly built out town home development.

39
00:03:31,440 --> 00:03:36,200
The proposed use would be common area in the townhouse development.

40
00:03:37,480 --> 00:03:45,560
The applicant's request is review and approval of conditional zoning request with the associated master plan.

41
00:03:47,520 --> 00:03:52,340
First, I'll talk about current uses and zoning, and you have maps in my staff report.

42
00:03:54,500 --> 00:04:02,280
Current land uses the site, as I mentioned earlier, you can see it outlined in yellow.

43
00:04:02,280 --> 00:04:14,600
So, this includes all of the common area in this town room development, does not include the sub-divided out town home portion,

44
00:04:16,680 --> 00:04:18,620
which is though an RIMX.

45
00:04:19,780 --> 00:04:37,620
So, around the site, you have open space to the north, on the western south, you have open space associated with the adjacent developments, and then, of course,

46
00:04:37,620 --> 00:04:45,630
opposite on the west side of South Frankenster you have commercial development on the corner and then single-family residential development extending up

47
00:04:47,100 --> 00:04:48,180
fronting on

48
00:04:48,180 --> 00:04:50,100
Old Magnolia Lane

49
00:04:53,200 --> 00:04:54,380
current zoning

50
00:04:56,000 --> 00:04:59,960
The town of development in the cross hatch and also

51
00:05:00,000 --> 00:05:08,380
The tone-home lots, zone RMX, surrounding land, RMX, this is my point.

52
00:05:09,500 --> 00:05:17,940
To the north here, these two are zone conditional use RMX, I'm dating from 1995 and 1996 Resonings.

53
00:05:18,660 --> 00:05:28,420
And then Dan, across, Dr. Calvin Jones, Highlight Highway, you have traditionally used neighborhood mixed use as a part of a T&D.

54
00:05:29,020 --> 00:05:39,880
That's quite the holding village development, and then you have open space on the east, and then the adjacent neighborhoods are conditionally used GR3.

55
00:05:43,360 --> 00:05:45,800
As far as community plan direction,

56
00:05:49,880 --> 00:05:53,490
the, it's a little bit convoluted to get here.

57
00:05:53,490 --> 00:05:55,750
The land use plan has this designated as downtown.

58
00:05:55,970 --> 00:05:59,950
So when you have to go to the downtown area plan, which has this designated as downtown edge,

59
00:05:59,950 --> 00:06:06,930
And then you come to find out that it is mixed residential portion of the downtown edge portion.

60
00:06:07,950 --> 00:06:08,690
What does that mean?

61
00:06:09,130 --> 00:06:18,470
Well, the direction for the downtown edge is higher density residential development to provide attractive, diverse and equitable housing options.

62
00:06:19,270 --> 00:06:29,260
And specifically with the mixed residential portion, what would be relevant to this request is that existing single family attached homes.

63
00:06:29,260 --> 00:06:30,940
should be maintained.

64
00:06:31,980 --> 00:06:34,700
When we saw the direction about providing

65
00:06:35,700 --> 00:06:38,020
fronting on the street and alley loading

66
00:06:38,020 --> 00:06:39,820
for residential development,

67
00:06:40,580 --> 00:06:42,280
mixed throughout the downtown area,

68
00:06:42,360 --> 00:06:44,740
planned portion of the community plan.

69
00:06:46,780 --> 00:06:49,100
As far as the approved master plan and CDs,

70
00:06:49,100 --> 00:06:50,960
those are included as exhibits,

71
00:06:54,940 --> 00:06:56,100
I'm sorry, as attachments.

72
00:06:56,720 --> 00:06:59,200
The proposed master plan is an exhibit,

73
00:06:59,500 --> 00:07:01,260
the approved master plan is an attachment.

74
00:07:01,260 --> 00:07:08,340
this is a site plan from the approved master plan showing the yet to be developed

75
00:07:08,340 --> 00:07:16,260
in the area. That's this portion here. On the corner so you can see that includes

76
00:07:16,260 --> 00:07:27,320
the club pool facilities, vehicle parking here, bicycle parking here, a bench

77
00:07:27,320 --> 00:07:34,340
over near South Franklin Street front edge as far as the landscaping that was approved in

78
00:07:34,340 --> 00:07:43,240
this master plan. We have these lace bark elums along the drive, supplemental English oak here,

79
00:07:45,620 --> 00:07:52,680
and then shrubs along the front of the clubhouse and along the drive and the bench area.

80
00:07:53,620 --> 00:08:03,920
The subsequent we approved construction plans include a little clear detail about the

81
00:08:03,920 --> 00:08:04,480
proposed landscape.

82
00:08:04,660 --> 00:08:09,720
Our approved landscape, I should say, so again, Lace Park owns along the drive.

83
00:08:10,380 --> 00:08:19,360
This oak is still shown here, and then you have dwarf Japanese hollies scattered along the

84
00:08:19,360 --> 00:08:26,260
front or the drive front edge here and a cluster of different shrubs along the entry to the

85
00:08:26,260 --> 00:08:27,700
clubhouse.

86
00:08:28,380 --> 00:08:42,020
That brings us up to the proposed master plan and also you both site plan, exit and landscape plan,

87
00:08:42,020 --> 00:08:54,740
So the cyclone shows in the humidity area the proposed park

88
00:08:57,230 --> 00:08:58,770
space as a part of this development.

89
00:08:59,090 --> 00:09:09,130
So that would include pre-fabricated playground structure situated in this area on a 24 by 34 foot fall zone.

90
00:09:09,130 --> 00:09:22,920
benches on these two sides and then a 16-foot by 12-foot concrete pad with a 10-by-10

91
00:09:23,350 --> 00:09:31,890
footprint of pre-fabricated favelian. Within that favelian would be a picnic table,

92
00:09:32,530 --> 00:09:39,090
there would be trash and recycling located here, a bicycle rack located here.

93
00:09:41,190 --> 00:09:49,030
new parking spaces at two additional parking spaces next to the bike rack here

94
00:09:51,080 --> 00:09:51,680
and as far

95
00:09:51,680 --> 00:09:53,280
as landscaping.

96
00:09:56,220 --> 00:09:59,960
So this would be a lace bark on here and here.

97
00:10:00,850 --> 00:10:27,730
These would be maples. And then, apparently, this was a maple. It was planted, and then you have an existing landscape bed with hollies, crate murdels, and other plants, an existing stone wall, as well along the front.

98
00:10:27,730 --> 00:10:41,090
And then shrubs providing screening for the parking spaces and two bicycle racks.

99
00:10:43,820 --> 00:10:49,720
I believe that is everything I wanted to show you on that plan.

100
00:10:51,120 --> 00:10:53,740
So staff recommendation is at the planning board.

101
00:10:54,140 --> 00:10:57,120
Make a recommendation to the Board of Commissioners.

102
00:10:57,120 --> 00:11:02,620
As required by UDO in general statutes, as to whether to approve it or not,

103
00:11:02,760 --> 00:11:06,500
there are requests to rezoning and provide a comment on the proposed

104
00:11:07,300 --> 00:11:09,860
rezoning's consistency with the conference of plan.

105
00:11:11,900 --> 00:11:14,440
And with that, I conclude my presentation.

106
00:11:15,180 --> 00:11:17,040
Happy to answer questions now, or later.

107
00:11:17,720 --> 00:11:19,600
I'm sure you'll have both.

108
00:11:21,480 --> 00:11:25,620
The really the main question that I had is, you know, as you mentioned,

109
00:11:25,620 --> 00:11:33,880
and it's just a shift to a conditional district with one condition, would a master plan

110
00:11:33,880 --> 00:11:40,240
that's already in place, would that still apply without this condition, or are we talking

111
00:11:40,240 --> 00:11:42,980
about, you know, same-horse-different color, kind of situation?

112
00:11:45,440 --> 00:11:50,480
So your question goes to, what's the purpose of, yeah, like, why do we have to put one condition

113
00:11:50,480 --> 00:11:55,800
in, what's the purpose of making that one change, my understanding, and I could be wrong

114
00:11:55,800 --> 00:11:58,180
is that there's already a master plan in place

115
00:11:58,180 --> 00:12:01,380
wouldn't the developer slash applicant still have to hold

116
00:12:01,380 --> 00:12:03,400
of that, which is largely unchanged,

117
00:12:03,440 --> 00:12:06,020
except for what appears to be a shift from a pool

118
00:12:06,020 --> 00:12:06,900
to a playground.

119
00:12:09,200 --> 00:12:11,300
With regard to this particular parcel,

120
00:12:12,140 --> 00:12:12,140
yeah,

121
00:12:14,290 --> 00:12:16,910
they would develop the remaining portion

122
00:12:16,910 --> 00:12:20,550
under this master plan of the common area.

123
00:12:22,530 --> 00:12:24,890
It's a little bit of an unusual situation

124
00:12:24,890 --> 00:12:28,650
And that development is mostly built out.

125
00:12:28,930 --> 00:12:32,010
Really, the remaining portion, as the developers here

126
00:12:32,010 --> 00:12:37,770
can speak to this as well, is this last remaining town,

127
00:12:37,930 --> 00:12:41,010
a stick of townhounds, and then it's a amenity area.

128
00:12:42,650 --> 00:12:47,730
So this is a process whereby the Board of Commission

129
00:12:47,730 --> 00:12:57,150
is ultimately may approve a different configuration, a different design for that amenity

130
00:12:57,150 --> 00:13:01,690
area, from what is currently approved.

131
00:13:02,590 --> 00:13:02,890
Got it.

132
00:13:02,930 --> 00:13:08,590
Then therefore, the condition would be ideal in the applicant's eyes in order to allow

133
00:13:08,590 --> 00:13:10,270
for this change to occur.

134
00:13:11,810 --> 00:13:17,470
I'm just trying to read through if the condition is, you know, we must abide by the master

135
00:13:17,470 --> 00:13:19,890
plan that we have, like I'm just trying to write.

136
00:13:20,230 --> 00:13:22,650
Yeah, so the new master plan, right?

137
00:13:22,770 --> 00:13:23,390
Got it, right?

138
00:13:23,810 --> 00:13:30,290
So it's one of the alternatives that chapter 15 of the UDO

139
00:13:30,290 --> 00:13:32,490
gives for a conditional resounding.

140
00:13:32,550 --> 00:13:37,610
The other alternative being simply restricting the uses

141
00:13:37,610 --> 00:13:38,450
that are allowed.

142
00:13:38,790 --> 00:13:40,810
This alternative is a master plan alternative.

143
00:13:41,790 --> 00:13:42,390
Thank you.

144
00:13:42,650 --> 00:13:44,310
Yeah, you've had it.

145
00:13:44,310 --> 00:13:53,570
Why do we have to change it from RMX to RMX CD if it's just relatively just a master plan change?

146
00:13:55,410 --> 00:13:55,470
Right.

147
00:13:56,770 --> 00:13:56,770
So

148
00:13:59,420 --> 00:14:08,440
the current master plan was approved by the Board of Commissioners under a different procedure

149
00:14:08,440 --> 00:14:13,360
here that we no longer had in our audio.

150
00:14:17,160 --> 00:14:24,140
In order to approve a new master plan, the applicant is required to go through a procedure

151
00:14:24,140 --> 00:14:27,340
whereby the Board of Commissioners will approve a new master plan.

152
00:14:28,920 --> 00:14:37,440
Our audio currently has conditional resounding as the procedure whereby the Board of Commissioners

153
00:14:37,440 --> 00:14:42,000
would approve a master plan, in conjunction with the rezoning.

154
00:14:42,940 --> 00:14:46,610
So I hope that answers your questions.

155
00:14:46,870 --> 00:14:48,050
We'll take a look at you.

156
00:14:52,100 --> 00:14:53,040
Don't go too far.

157
00:14:54,080 --> 00:14:54,780
Great.

158
00:14:55,260 --> 00:14:56,180
Thank you.

159
00:14:58,090 --> 00:14:58,950
Hopefully now.

160
00:15:00,000 --> 00:15:04,740
I've received this time to hear from the applicant for the project, if present.

161
00:15:16,270 --> 00:15:22,950
Good evening, planning board members. My name is Madeline Williams. I'm a land use attorney with the law firm of Warden Smith.

162
00:15:23,010 --> 00:15:27,570
And I'm here tonight on behalf of the applicant, Franklin Street Towns LLC.

163
00:15:29,830 --> 00:15:34,110
So Chairman Davis, your question. The purpose of our request tonight is very narrowly tailored,

164
00:15:34,110 --> 00:15:38,210
it is specific just to the change on the master site plan.

165
00:15:38,850 --> 00:15:43,110
So as we go through the presentation, I'll focus on that to the extent there's questions

166
00:15:43,110 --> 00:15:46,970
or you feel free, please feel free to interrupt me with any questions as we go through.

167
00:15:52,160 --> 00:15:55,920
So with this request, the underlying zoning will remain the same.

168
00:15:56,580 --> 00:15:58,140
It is currently zone DarmX.

169
00:15:58,300 --> 00:16:02,880
It would stay RMX, R request tonight is for this to be a conditional district, which allows

170
00:16:02,880 --> 00:16:07,700
you to tie this rezoning to the specific site plan through a condition.

171
00:16:07,700 --> 00:16:17,040
And that is the single condition that we're requesting tonight is that what you approve tonight is specific to this site plan requiring the developer to build what is on that site plan.

172
00:16:17,460 --> 00:16:35,660
We are not asking for any additional lots beyond what has already been approved. The current unit count that has been approved is 61 lots that's remaining the same 11 buildings of town homes that's remaining the same currently 55 of those 61 town homes have already been constructed.

173
00:16:35,660 --> 00:16:41,900
So the remaining building, that 11th building, those are where those final town homes would go.

174
00:16:42,620 --> 00:16:47,420
Our requests tonight, again, narrowly tailored is just about this new common area, amenity.

175
00:16:47,700 --> 00:16:52,020
So what was previously approved under that prior plan was a pool house and a club house.

176
00:16:53,160 --> 00:16:57,320
That is a carryover from an original plan where this was submitted to be apartments.

177
00:16:57,720 --> 00:17:01,780
Then transitioned to town homes and that was a carryover from that.

178
00:17:03,730 --> 00:17:09,270
What we're proposing tonight, though, as the new common area in many of the would be that space that Mr. Richards,

179
00:17:09,470 --> 00:17:14,470
thank you, Mr. Richards for your presentation, showed on his screen which we'll zoom in and a little bit,

180
00:17:14,630 --> 00:17:22,530
it will have a playground area, a gathering space pavilion with benches and bike racks, and then green space around it.

181
00:17:24,310 --> 00:17:32,950
So the subject site, what we're talking about if you're looking at your screen is this area that you'll see at the northern portion of the property

182
00:17:32,950 --> 00:17:42,170
with that final block of town homes being that red empty block that you see and then to the left of that block on your screen would be where this common area

183
00:17:42,170 --> 00:17:49,950
and thenity would be placed. So this is the same location that the previous immunity was placed. We're just switching out the use and what would actually be constructed there.

184
00:17:53,360 --> 00:18:02,500
Location and again, don't want to reiterate everything that Mr. Richard said, but again, we're keeping this, we're not requesting a change in zoning that would say the same RMS

185
00:18:03,160 --> 00:18:09,940
current use is town homes, not requesting a change in the use of the town homes, only requesting a change in how the common area

186
00:18:09,940 --> 00:18:11,380
immunity is constructed.

187
00:18:13,520 --> 00:18:17,660
Here's the site plan on the bottom left of the screen, giving this for the full context.

188
00:18:18,280 --> 00:18:26,280
Everything, essentially, on the left side of your screen with the exception of that final block of town homes and the common area has been constructed.

189
00:18:26,280 --> 00:18:34,160
So, all we're talking about really is what's on the left side of the site plan today and what we're requesting that you recommend approval to change.

190
00:18:35,320 --> 00:18:39,940
So, this is a zoomed in of that same area. This is what Mr. Richards just showed as well.

191
00:18:41,360 --> 00:18:52,660
On the upper portion of the common area, a minute down the screen, that is where the playground would be located as well as the pavilion more towards the south with the trash recycling and the bicycle racks.

192
00:18:58,130 --> 00:19:02,230
This is the open space plan. So again, looking at that common area, a

193
00:19:02,230 --> 00:19:07,370
amenity, this new plan will allow for greater open space, less impervious

194
00:19:07,370 --> 00:19:12,310
service than what was under the previously approved plan, and allow for

195
00:19:12,310 --> 00:19:16,110
an amenity that can be used year-round by residents of the town-home

196
00:19:16,110 --> 00:19:20,430
community as opposed to the previously approved pool, which is limited in

197
00:19:20,430 --> 00:19:24,390
season, more impervious service, and less open space.

198
00:19:26,820 --> 00:19:33,740
Speaking on just the UDO requirements for open space and the park space requirements, in this area,

199
00:19:33,900 --> 00:19:39,860
your UDO would require approximately 20,000 square feet of open space and park space combined.

200
00:19:40,560 --> 00:19:46,320
What we're proposing here under this new common area of amenity would significantly exceed what's required.

201
00:19:47,680 --> 00:19:52,040
And for this amenity change, let me go back to the site plan.

202
00:19:52,040 --> 00:19:59,960
For this amenity change, just to understand some of the background here, that previously approved pool as time went on.

203
00:20:00,000 --> 00:20:12,520
On with the development, developer came to realize that that used for this particular area, as well as the upkeep cost insurance calls for the HOA, is not really feasible for this type of development.

204
00:20:13,520 --> 00:20:27,920
Also, if you've driven by the space, the area where this would be located, in my women's terms, it'd be a very small pool, not one that would you would typically see in a town home development, because of the size that you'd be restricted to.

205
00:20:27,920 --> 00:20:36,540
So, following that conversation with the developer, developer, met with the community members and discussed alternatives, looking at different park models.

206
00:20:37,540 --> 00:20:42,560
They had two different community meetings about that, which resulted in the plan that's before you today.

207
00:20:43,420 --> 00:20:48,960
The first discussion was about more of a community garden concept.

208
00:20:50,280 --> 00:20:56,540
than also maybe a dog park area, but feedback that was received from the residents was long-term,

209
00:20:56,760 --> 00:21:01,980
the upkeep of a community garden, whether people are interested in that or not, may not be as

210
00:21:01,980 --> 00:21:05,160
desirable as a playground, amenity in the gathering space.

211
00:21:09,100 --> 00:21:12,580
So again, no changes on the lots, the street configuration.

212
00:21:13,060 --> 00:21:17,820
We have added two additional parking spaces as well as those bike racks that are on the

213
00:21:17,820 --> 00:21:23,480
plan in the common area. These are private streets. All the townhomes are two

214
00:21:23,480 --> 00:21:28,800
story and three story. This final block would be two story townhomes. Again, not

215
00:21:28,800 --> 00:21:32,060
requesting an increase in density or any additional units.

216
00:21:34,490 --> 00:21:35,330
Mr. Richards touched

217
00:21:35,330 --> 00:21:41,590
on this. So just to put a bow on that, the existing vegetation would remain. We

218
00:21:41,590 --> 00:21:46,270
have proposed some existing or some additional items that would be included

219
00:21:46,270 --> 00:21:51,910
such as those additional maples. In this final phase, once approved, this would include some buffer

220
00:21:51,910 --> 00:21:58,230
plantains along the stormwater pond that's in the rear of the site. But the existing foundation

221
00:21:58,230 --> 00:22:03,170
plantains and the existing street trees along south-francon street would all remain.

222
00:22:06,110 --> 00:22:06,890
So the proposed

223
00:22:06,890 --> 00:22:12,750
change for this common area of Miniti. We find is consistent with the towns' comprehensive plans

224
00:22:12,750 --> 00:22:17,950
as well as Section 7 of the UDO with the different park requirements.

225
00:22:19,010 --> 00:22:22,550
The transition to the playground, the covered pavilion, and gathering space, promotes

226
00:22:22,550 --> 00:22:29,490
a more sustainable community-oriented common area that can be used more around by the residents.

227
00:22:31,290 --> 00:22:36,890
This in which is also consistent with your comprehensive plan is less impervious space, additional

228
00:22:36,890 --> 00:22:41,790
landscaping and green space, and again a more flexible immunity for the residents in

229
00:22:41,790 --> 00:22:42,410
community.

230
00:22:46,530 --> 00:22:51,630
So bringing it back to where we started very narrow request just asking for a change in

231
00:22:51,630 --> 00:22:59,310
the common area of Miniti use to allow for this playground, the pavilion area and the gathering space.

232
00:23:01,450 --> 00:23:07,850
It exceeds and complies with all of the UDA requirements for open space and park space.

233
00:23:08,630 --> 00:23:13,290
And the water sewer and drainage infrastructure is already in place. We'll continue to serve the

234
00:23:13,290 --> 00:23:20,310
No changes there either for these reasons. We respectfully request that this planning board provide a recommendation of approval

235
00:23:20,310 --> 00:23:25,570
To the board of commissioners. I'm happy to answer any questions. You may have

236
00:23:25,570 --> 00:23:28,870
Thank you Ms. Williams any questions for the applicant. I

237
00:23:31,880 --> 00:23:34,340
had one. I was just looking at can you go back a couple slides

238
00:23:34,340 --> 00:23:35,520
Sure, I just had a question

239
00:23:36,160 --> 00:23:38,440
One keep going

240
00:23:38,440 --> 00:23:46,080
On this on back one go back. Yeah, right there. I just I saw on the other diagrams that we had that there is a

241
00:23:46,080 --> 00:23:53,460
about a 10 to 15 foot drop on that north-westernly on the right side.

242
00:23:53,860 --> 00:23:58,880
Is there any other fence in there you talked about shrubbidge going in?

243
00:23:58,980 --> 00:24:01,260
Is there anything going on that backside due to that drop?

244
00:24:01,880 --> 00:24:02,420
That's there.

245
00:24:02,820 --> 00:24:03,960
You talked about right here?

246
00:24:05,840 --> 00:24:07,320
So on this plan, no.

247
00:24:08,280 --> 00:24:11,340
But any requirements from the UDO for any type of buffering or anything,

248
00:24:11,340 --> 00:24:12,960
we would be subject to that.

249
00:24:12,960 --> 00:24:15,540
even outside of this conditional rezoning request.

250
00:24:20,830 --> 00:24:21,490
Any other questions?

251
00:24:23,430 --> 00:24:25,850
We may have further questions in a bit.

252
00:24:25,970 --> 00:24:26,850
Thank you for your time.

253
00:24:26,890 --> 00:24:27,990
We'll call you up if we need you.

254
00:24:28,110 --> 00:24:28,990
Thank you, much, President.

255
00:24:33,440 --> 00:24:40,000
We will now move to the public comments, public comments, portion of the meeting.

256
00:24:40,760 --> 00:24:42,740
Sometimes I lose my ability to speak.

257
00:24:44,440 --> 00:24:48,780
We do have two people who have signed up to speak on this project and we will call them in

258
00:24:48,780 --> 00:24:50,680
order that they signed up.

259
00:24:50,920 --> 00:24:52,780
As a reminder to those with public comments,

260
00:24:53,140 --> 00:24:54,260
please speak into the microphone.

261
00:24:54,800 --> 00:24:55,920
State your name and address.

262
00:24:56,820 --> 00:24:58,740
You're presenting your position to the planning board,

263
00:24:58,880 --> 00:24:59,980
but we will not be asking any-

264
00:25:00,000 --> 00:25:08,480
The questions were here to listen and take into consideration. When we go into discussion, some of what you shared, it may come up during our discussion phase.

265
00:25:09,460 --> 00:25:20,720
There is a timer right here to the side for three minutes. At the end of that timer, your time is up, and we will respectfully ask you to complete your statement, your sentence, and thank you for your time.

266
00:25:21,740 --> 00:25:25,720
So with that in mind, first, to speak is Vanessa Johnson.

267
00:25:34,390 --> 00:25:39,430
Good evening. I've been a resident of Franklin, well my name's

268
00:25:39,430 --> 00:25:46,290
Fernando Johnson, and I live at 849 South Franklin Street. And I've been a resident

269
00:25:46,290 --> 00:25:58,350
there for almost four years. And I just, I guess my question or my thing is that that

270
00:25:58,350 --> 00:26:06,130
a property nothing has been done with it and it's been years that these townhouses have been

271
00:26:06,130 --> 00:26:14,870
in the process of being built and I know COVID came and that delayed things but it just is

272
00:26:14,870 --> 00:26:24,670
an isor and it's embarrassing to be part of the downtown and people a lot of people come in

273
00:26:24,670 --> 00:26:34,050
of our houses every day and they see that property. And it's not been taken care of and we just

274
00:26:34,050 --> 00:26:40,770
really would like it to be done and done in a timely fashion so that it looks nice and then

275
00:26:40,770 --> 00:26:50,240
it's not an embarrassment to live there into the town. We just want it to be done and not

276
00:26:50,240 --> 00:26:56,900
promises that haven't been kept and that's all that I wanted to say is that I just

277
00:26:56,900 --> 00:27:03,200
would like it done and my neighbors would like it done, you know, not in another five,

278
00:27:03,240 --> 00:27:08,760
ten years, not even another two years. We just would like to see it done and have it look nice

279
00:27:08,760 --> 00:27:16,000
so that we're proud of where we live. Thank you. Thank you very much, Ms. Johnson.

280
00:27:19,010 --> 00:27:24,010
And the other member of the public signed up to speak is Paul Johnson.

281
00:27:26,130 --> 00:27:27,390
Paul Johnson.

282
00:27:27,890 --> 00:27:28,930
Straight into the microphone.

283
00:27:29,810 --> 00:27:32,250
Paul Johnson, I live at 849 in South Franklin.

284
00:27:33,270 --> 00:27:35,030
And I agree with my wife.

285
00:27:35,350 --> 00:27:35,870
So, you know.

286
00:27:36,230 --> 00:27:37,310
It's on here that every day.

287
00:27:37,730 --> 00:27:38,770
But, you know.

288
00:27:39,790 --> 00:27:40,010
No.

289
00:27:40,690 --> 00:27:43,190
We're really looking for expediency here.

290
00:27:43,570 --> 00:27:46,110
It's as quickly as we can get this process done.

291
00:27:46,870 --> 00:27:49,090
As my wife said, we've been waiting four years.

292
00:27:49,090 --> 00:27:57,110
what's staring at an empty lot, that's in this repair and it really is not living up to the

293
00:27:57,110 --> 00:28:04,250
standards of, you know, wake force that we moved into. So, the more you all can do to get

294
00:28:04,250 --> 00:28:10,790
it to the next stage and then follow along from there, we'd really appreciate it. Also just

295
00:28:10,790 --> 00:28:18,630
like to point out, it seems to be somewhat of a, you know, maybe a lesson's learned here

296
00:28:18,630 --> 00:28:25,110
for the planning of these developments of having a piece of it unfinished for this long,

297
00:28:25,670 --> 00:28:33,370
there should be some regulation or something, some planning mechanism that you all can push

298
00:28:33,370 --> 00:28:38,070
to make sure developers get their development and stun without this happening.

299
00:28:39,270 --> 00:28:40,930
So, thank you very much.

300
00:28:42,290 --> 00:28:43,750
Thank you very much, Mr. Johnson.

301
00:28:46,080 --> 00:28:49,560
This time I do open up to any other members of the public which would like to provide

302
00:28:49,560 --> 00:28:51,540
comment on this matter.

303
00:28:56,880 --> 00:29:04,420
Her botkins for $7.00 in court actually thought tonight was a joke, and the planning

304
00:29:04,420 --> 00:29:06,240
department was playing a joke on me.

305
00:29:06,520 --> 00:29:12,520
I did not realize that this was actually real, but I do have questions because I feel like

306
00:29:12,520 --> 00:29:20,020
a lot of the folks who were here are resident by a show of hands, can you show me how many

307
00:29:20,020 --> 00:29:26,820
folks would prefer a swimming pool over a playground and how many folks

308
00:29:26,820 --> 00:29:27,700
prefer the playground?

309
00:29:33,820 --> 00:29:38,680
Can you guys shake your heads and tell me whether or not the town houses out there

310
00:29:38,680 --> 00:29:44,580
or advertise as having a pool before you guys bought your place?

311
00:29:44,680 --> 00:29:45,920
It was.

312
00:29:47,120 --> 00:29:48,820
So we're saying yes and then.

313
00:29:50,460 --> 00:29:53,960
Please focus on the microphone for your speakers to the board.

314
00:29:54,400 --> 00:29:54,980
I'm sorry.

315
00:29:57,280 --> 00:29:59,940
It seems like to me, this was a quasi-use.

316
00:30:01,000 --> 00:30:07,020
The residents weren't able to weigh in on this plan, and the developer pretty much agreed to it.

317
00:30:07,420 --> 00:30:13,780
In my opinion, the developer should be fine. I don't know the legal cases of all that I'm not in the starting.

318
00:30:14,520 --> 00:30:23,320
But in my opinion, the developer should be fine. And whatever these folks want, they should be able to get it and they should get it in a timely manner.

319
00:30:26,380 --> 00:30:28,200
But that's just my opinion. I don't live there.

320
00:30:30,820 --> 00:30:32,360
Thank you, Ms. Watkins.

321
00:30:34,370 --> 00:30:35,990
Any other member of the public wish to speak?

322
00:30:43,220 --> 00:30:46,240
Hi. My name is Sarah Lend. I live in Wake Forest.

323
00:30:47,180 --> 00:30:48,220
We do need your address.

324
00:30:49,560 --> 00:30:53,140
I live in the community on South Franklin Street.

325
00:30:55,620 --> 00:30:58,160
We, as a community, met several times,

326
00:30:58,820 --> 00:31:04,900
we agree with the developer on this plan and we really just want to proceed forward.

327
00:31:06,660 --> 00:31:09,680
I would like you to just regard the previous comments, like I don't.

328
00:31:10,180 --> 00:31:14,040
This is not a point of contention with the community.

329
00:31:14,880 --> 00:31:18,140
We just really want to proceed forward and go forward with this.

330
00:31:18,560 --> 00:31:19,040
Thank you.

331
00:31:19,560 --> 00:31:20,360
I appreciate that.

332
00:31:20,680 --> 00:31:21,780
Thank you for your time.

333
00:31:25,500 --> 00:31:25,640
All right.

334
00:31:26,540 --> 00:31:30,180
At this time, public comment is now closed.

335
00:31:32,080 --> 00:31:34,680
Having heard from the public, applicant and staff,

336
00:31:34,680 --> 00:31:39,400
Does the board have any additional questions for either the staff or the applicant?

337
00:31:40,540 --> 00:31:49,700
I just want to add one question for staff just because this property town was a brought up in the board of adjustments meeting.

338
00:31:50,700 --> 00:31:53,080
Let's let him get to the stand first.

339
00:31:53,080 --> 00:32:04,080
I was brought up in that Board of Adjustments meeting just trying to get clarity of if our vote has any impact of what they decided on last month just so we have clarity for us moving forward.

340
00:32:05,580 --> 00:32:14,420
You're asking about the relationship between the Board of Adjustments hearing in this decision?

341
00:32:14,760 --> 00:32:20,800
Yeah, just to make sure that what we're moving forward with has no impact on what they decided because there was no identity,

342
00:32:20,800 --> 00:32:24,640
any comments or notes from them meeting that happened last month.

343
00:32:26,160 --> 00:32:33,960
Your decision would have relevance on the ultimate approval or disapproval.

344
00:32:34,020 --> 00:32:36,820
At least it would inform the commissioner's decision,

345
00:32:37,420 --> 00:32:42,820
ultimately whether to approve or disapprove this new master plan as a part of the conditional

346
00:32:43,520 --> 00:32:52,600
And that is connected to the notice of violation issue, which was discussed at that meeting.

347
00:32:52,720 --> 00:33:02,220
However, that meeting should not be relevant to your decision as to whether to recommend approval or not.

348
00:33:02,340 --> 00:33:03,140
Thank you for the clarity.

349
00:33:03,140 --> 00:33:29,800
Yeah. I have a general question. Generally speaking, right, an applicant will propose a master plan to us here at the planning board, the next phase, we make a recommendation, it goes to the board of commissioners, but then after that, there are multiple steps that a developer or the applicant assuming it's, if it's approved by the board of commissioners must go through in order to put shovels in the dirt, right?

350
00:33:29,800 --> 00:33:39,080
Can you give an extremely like 10 or 15,000 foot view of what some of those phases are and what's a ballpark amount of time that it that typically takes?

351
00:33:39,560 --> 00:33:40,880
I'm sure.

352
00:33:40,920 --> 00:33:52,880
You know, obviously we differed in this case compared to a situation where you're starting from scratch and, you know, in this case,

353
00:33:52,880 --> 00:33:59,740
applicant would submit, well there's a number of things that need to happen for the last town

354
00:33:59,740 --> 00:34:05,200
home, stick to me, I call it stick to the last town home building to be constructed and then

355
00:34:05,200 --> 00:34:10,960
for this amenity area to be constructed. We would need to have construction plans submitted

356
00:34:13,440 --> 00:34:16,820
for this amenity area.

357
00:34:20,940 --> 00:34:23,780
Once the construction plans are approved,

358
00:34:27,820 --> 00:34:32,820
Then we could proceed with a pre-construction

359
00:34:32,820 --> 00:34:34,380
comprehensively, probably wouldn't even need

360
00:34:34,380 --> 00:34:36,140
a pre-construction conference in this case,

361
00:34:36,340 --> 00:34:38,240
because I don't believe that there would be,

362
00:34:38,240 --> 00:34:42,440
it would depend on what erosion and sedimentation control measures

363
00:34:42,440 --> 00:34:43,560
would be required.

364
00:34:43,700 --> 00:34:48,220
All that would be ironed out at the construction plan review phase.

365
00:34:48,420 --> 00:34:50,720
But basically, that would be the next step

366
00:34:50,720 --> 00:34:53,340
in the development process would be submittal

367
00:34:53,340 --> 00:34:56,680
construction plans, which would have them more detailed.

368
00:35:01,600 --> 00:35:18,620
Stormwater, grading, et cetera. So site survey, construction permits, construction plans. There's an awful lot more work that has to be done after this part of the process is complete. And it can take a little bit of time on average, although this one's probably faster because of the scope.

369
00:35:19,840 --> 00:35:29,620
Yeah, there are more steps that would need to happen before anyone saw concrete forums being put in place for, you know,

370
00:35:30,900 --> 00:35:31,780
pavilion and all that.

371
00:35:32,080 --> 00:35:35,720
But yeah, I mean, this would be an important step to cue all that up.

372
00:35:36,600 --> 00:35:36,980
Thank you.

373
00:35:37,740 --> 00:35:37,840
Yep.

374
00:35:40,070 --> 00:35:40,310
Patrick.

375
00:35:40,950 --> 00:35:44,730
The application I was submitted with our packet still talks about the community garden.

376
00:35:45,970 --> 00:35:47,750
Is that a meaningful inconsistency?

377
00:35:50,470 --> 00:35:52,170
I didn't hear the first part of it.

378
00:35:53,110 --> 00:35:53,270
Sorry.

379
00:35:53,530 --> 00:35:54,350
Just a little bit closer.

380
00:35:54,530 --> 00:35:55,450
No, I had the same problem.

381
00:35:55,630 --> 00:35:55,890
You got it.

382
00:35:56,330 --> 00:35:56,390
Yeah.

383
00:35:56,890 --> 00:36:00,070
The application that was put in our packet for review,

384
00:36:00,090 --> 00:36:02,890
still talks about the change being from the pool of

385
00:36:02,890 --> 00:36:04,330
billion to a community garden.

386
00:36:05,190 --> 00:36:05,750
Does that matter?

387
00:36:09,520 --> 00:36:10,760
Let's pull it up and look at it.

388
00:36:12,850 --> 00:36:15,510
Make sure I'm looking at the same thing you're talking about.

389
00:36:16,110 --> 00:36:17,250
So attachment B.

390
00:36:17,790 --> 00:36:18,410
On page.

391
00:36:18,830 --> 00:36:20,850
I think four and five or three and four.

392
00:36:29,940 --> 00:36:30,840
Yeah, right there.

393
00:36:31,000 --> 00:36:31,360
That's fine.

394
00:36:31,520 --> 00:36:32,540
I'm changing into a community garden.

395
00:36:39,660 --> 00:36:40,140
Okay.

396
00:36:41,540 --> 00:36:42,280
I'm site-planned.

397
00:36:43,940 --> 00:36:52,320
And this, if you look in the UDO, if I may jump in.

398
00:36:52,320 --> 00:36:52,640
Yeah.

399
00:36:52,780 --> 00:36:59,800
Let's just say, there's the part-space portion of the UDO has, I believe, four different types.

400
00:37:00,220 --> 00:37:01,440
One of which is community garden.

401
00:37:01,800 --> 00:37:05,700
Yeah, but I think to answer out on this question specifically, the master plan would

402
00:37:05,700 --> 00:37:08,700
be the condition and what they have to meet.

403
00:37:08,800 --> 00:37:12,240
So whatever shown is a amenity on the master plan would be

404
00:37:12,240 --> 00:37:12,940
tied to this.

405
00:37:14,620 --> 00:37:17,260
And the applications just there for reference to show

406
00:37:17,260 --> 00:37:20,380
when it was submitted in an applicant contact information.

407
00:37:20,700 --> 00:37:23,100
But they'd be held to the amenity shown

408
00:37:23,100 --> 00:37:25,500
on the master plan of this rezoning was approved.

409
00:37:26,160 --> 00:37:26,860
OK, that actually like question.

410
00:37:26,900 --> 00:37:27,700
Thank you very much.

411
00:37:29,300 --> 00:37:29,800
OK.

412
00:37:32,250 --> 00:37:34,950
Any other questions for Mr. Richards or Ms. Williams?

413
00:37:36,410 --> 00:37:38,130
questions. I have a question.

414
00:37:40,290 --> 00:37:43,850
I understand we're talking about the common space, so I'm

415
00:37:43,850 --> 00:37:51,350
wondering why that last building wasn't built already. Is it tied to the common space in

416
00:37:51,350 --> 00:37:58,990
some way or? Yes, it does get somewhat complex. This has to do with the violation that we spoke

417
00:37:58,990 --> 00:37:59,810
about earlier.

418
00:38:04,670 --> 00:38:07,630
So the applicant would like to build that.

419
00:38:07,650 --> 00:38:10,330
However, staff has held that up.

420
00:38:11,430 --> 00:38:13,710
So the UDO has certain enforcement mechanisms.

421
00:38:15,010 --> 00:38:20,170
One of those allows staff to stop further consideration

422
00:38:20,690 --> 00:38:25,770
of development of applications for improving, basically,

423
00:38:26,070 --> 00:38:30,490
improving development permits and televiolation

424
00:38:30,490 --> 00:38:33,570
is cured, that's one of the enforcement mechanisms.

425
00:38:34,290 --> 00:38:36,390
So that came into play on this project,

426
00:38:36,570 --> 00:38:41,890
specifically with regard to developing the last town

427
00:38:41,890 --> 00:38:47,450
home building, because of the violation, which

428
00:38:47,450 --> 00:38:51,050
centered on this amenity area, and that it

429
00:38:51,050 --> 00:38:51,750
hadn't been constructed.

430
00:38:53,410 --> 00:38:54,650
Thank you for clarifying that.

431
00:38:54,710 --> 00:38:58,730
Yeah, sorry, this is a little bit of a long story.

432
00:38:59,750 --> 00:39:01,990
Any other questions I'm happy to answer?

433
00:39:05,930 --> 00:39:06,990
Thank you very much.

434
00:39:07,350 --> 00:39:07,510
Welcome.

435
00:39:08,650 --> 00:39:11,230
And last call on questions for Ms. Williams.

436
00:39:15,290 --> 00:39:17,430
I don't think you're even going to take the hot stand.

437
00:39:17,550 --> 00:39:18,710
Let alone the hot seat.

438
00:39:22,010 --> 00:39:26,410
So at this time, we can have debate, discussion, or emotion.

439
00:39:27,010 --> 00:39:28,610
What is the pleasure of the board?

440
00:39:40,540 --> 00:39:42,040
I'll share my opinion.

441
00:39:43,000 --> 00:39:52,440
It's such a narrow situation, it's pretty obvious that it's in line to me with what the closest

442
00:39:52,440 --> 00:39:57,940
residents, what their desire is, it appears to be generally consistent with the downtown

443
00:39:57,940 --> 00:39:58,620
plan.

444
00:40:00,000 --> 00:40:27,300
And it's really just finish it up and finish with the town. I think the only thing that really kind of came to mind was comments about, you know, so, you know, so-called, I saw, I'm guessing, it was the cut zoo that you see from the street that I'm not even sure that that's part of this plot. It looks to be adjacent to the plot for these townhomes. Maybe that is one question that I actually would have come to think of it.

445
00:40:32,930 --> 00:40:38,690
Yeah, and I'll describe it visually as you turn off of 98 and head up Franklin towards Town Hall.

446
00:40:38,950 --> 00:40:45,150
There's Cudzu there on the right. I'm guessing it's not part of this plot. You can feel free to. Yeah. Yes, you may approach the bench.

447
00:40:45,890 --> 00:40:50,410
Thank you, Chair and there. Yes, just confirm that is not part of our property. It is separate.

448
00:40:51,230 --> 00:40:56,090
But of course, any landscape on the site that's required by the UDO would still be required for us.

449
00:40:56,790 --> 00:41:00,190
The I-Sore area, the area that is undeveloped,

450
00:41:00,290 --> 00:41:01,810
a recommendation of approval here,

451
00:41:02,290 --> 00:41:04,130
an ultimate approval by the Board of Commissioners would

452
00:41:04,130 --> 00:41:06,010
allow us to develop that entire area

453
00:41:06,010 --> 00:41:07,690
that's currently not developed.

454
00:41:08,170 --> 00:41:10,130
So that would be the amenity and then that block of

455
00:41:10,130 --> 00:41:10,550
townhomes.

456
00:41:10,850 --> 00:41:11,270
Thank you.

457
00:41:11,370 --> 00:41:12,110
Thank you.

458
00:41:17,430 --> 00:41:20,010
So, this addresses any concerns I had.

459
00:41:21,810 --> 00:41:24,090
I'll make a motion to recommend approval

460
00:41:24,090 --> 00:41:27,050
with the same consistency with the comprehensive plan.

461
00:41:27,410 --> 00:41:29,570
Motion by Mr. Redler to approve.

462
00:41:30,550 --> 00:41:31,850
I'll second that.

463
00:41:32,210 --> 00:41:36,210
Second by Ms. Shepard, those in favor raise your hand and say aye.

464
00:41:37,050 --> 00:41:39,630
I opposed motion carries six to zero.

465
00:41:39,790 --> 00:41:41,190
Thank you very much to the applicant.

466
00:41:41,730 --> 00:41:44,510
Thank you very much to the public for your participation this evening.

467
00:41:45,730 --> 00:41:49,530
With that in mind, we now move on to staff comments.

468
00:41:50,530 --> 00:41:51,790
No comments this evening.

469
00:41:52,030 --> 00:41:53,590
No comments this evening.

470
00:41:54,050 --> 00:41:56,570
Do we have a motion to adjourn?

471
00:41:57,730 --> 00:41:58,390
Move to adjourn?

472
00:41:58,390 --> 00:42:00,290
It's motion two adjourned by Ms. Shepherd.

473
00:42:01,770 --> 00:42:02,190
I second.

474
00:42:02,550 --> 00:42:04,310
Second by Mr. Moore, those in favor.

475
00:42:05,630 --> 00:42:08,870
I opposed motion carries good evening.

476
00:42:09,070 --> 00:42:10,010
This meeting is adjourned.