1 00:00:12,880 --> 00:00:41,340 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. Tonight, the first item on the agenda is to adopt the agenda. Do we have a motion? I move to adopt the agenda. Motion by Ms. Shepard. Second, by Mr. Moore. Those in favor, aye in raise your hand. Aye. Motion carries 6 to 0. 2 00:00:41,340 --> 00:00:48,360 The second item is the approval of minutes from meetings on July 14th, as well as August 11th. 3 00:00:48,360 --> 00:00:49,000 Do we have a motion? 4 00:00:52,280 --> 00:00:55,460 I have a motion to accept the minutes from our last two meetings. 5 00:00:55,840 --> 00:00:58,120 Motion to accept the minutes by Mr. Moore. 6 00:00:58,980 --> 00:00:59,460 Second. 7 00:01:00,620 --> 00:01:01,100 Second. 8 00:01:01,440 --> 00:01:03,360 Second by Mr. Thomas, those in favor. 9 00:01:03,680 --> 00:01:04,360 I, in raise your hand. 10 00:01:04,800 --> 00:01:07,360 I, motion carries six to zero. 11 00:01:08,220 --> 00:01:11,760 With that, the next item on the agenda is new business with public comment. 12 00:01:11,760 --> 00:01:18,180 This is consideration of legislative case RZ24-03, Franklin Street Towns Common Area. 13 00:01:18,480 --> 00:01:22,100 I welcome Mr. Richards to the stage. 14 00:01:28,280 --> 00:01:30,980 Thank you, Chair Davis, members of the planning board. 15 00:01:32,260 --> 00:01:36,970 Give me one minute, and I will pull up my presentation. 16 00:01:39,680 --> 00:01:41,140 See, I forget the keyboard shortcut. 17 00:02:15,480 --> 00:02:18,220 All right, well, I'll present like this, y'all can see it. 18 00:02:18,220 --> 00:02:23,840 I apologize, it's been sometimes since I've been before you, but it's good to be here tonight. 19 00:02:24,420 --> 00:02:30,640 The case that I'm presenting is RZ2403, Franklin Street Towns Common Area, proposed 20 00:02:30,640 --> 00:02:33,520 rezoning to the conditional district. 21 00:02:33,980 --> 00:02:41,440 The sole condition being development must occur in accordance with the proposed master plan. 22 00:02:42,880 --> 00:02:48,600 As far as application information, the owner and applicant is Franklin Street Towns, 23 00:02:48,720 --> 00:02:59,320 LLC, the, oh yes, thank you, I'm getting some help for presentation mode. 24 00:03:00,040 --> 00:03:08,360 The pin is 1840571129, 4.81 acres, thank you. 25 00:03:09,580 --> 00:03:14,800 It is in the town's corporate limits, current zoning is residential mixed use, the proposed 26 00:03:14,800 --> 00:03:21,160 zoning would be residential mixed use, conditional district, again the full condition being the 27 00:03:21,160 --> 00:03:23,580 applicability of the master plan to future development. 28 00:03:24,880 --> 00:03:31,980 Current use is common area in a mostly built out town home development, and the proposed 29 00:03:31,980 --> 00:03:36,040 use would be common area in the townhouse development. 30 00:03:37,320 --> 00:03:45,340 The applicant's request is review and approval of the conditional zoning request with the associated master plan. 31 00:03:47,230 --> 00:03:52,060 First, I'll talk about current uses in zoning, and you have maps in my staff report, 32 00:03:54,260 --> 00:03:58,100 current land uses, the site, as I mentioned earlier. 33 00:03:59,160 --> 00:04:07,240 You can see it outlined in yellow, so this includes all of the common area in this townroom development. 34 00:04:07,240 --> 00:04:18,080 It does not include the sub-divided out town home portion, which is known as RMX. 35 00:04:20,640 --> 00:04:24,800 So around the site, you have open space to the north. 36 00:04:25,760 --> 00:04:34,580 On the west and south, you have open space associated with the adjacent developments and 37 00:04:34,580 --> 00:04:40,240 And then, of course, opposite on the west side of South Franklin Street, 38 00:04:40,440 --> 00:04:42,020 you have commercial development on the corner. 39 00:04:42,740 --> 00:04:45,460 And then single family residential development, extending up, 40 00:04:46,800 --> 00:04:49,560 fronting on old magnolia lane. 41 00:04:53,380 --> 00:04:59,880 Current zoning, the town farm development, and the cross hatch, and also. 42 00:05:00,000 --> 00:05:10,100 The townhome lots, zone, RMX, surrounding land. You have RMX, it's my pointer. To the north 43 00:05:10,100 --> 00:05:17,700 here, these two are zone, conditional use, RMX, I'm dating from 1995 and 1996, rezonings, 44 00:05:18,160 --> 00:05:29,980 and then down across, Stock to Calvin Jones Highway, you have conditional use, neighborhood 45 00:05:29,980 --> 00:05:36,840 village development and then you have open space on the east and then the adjacent 46 00:05:36,840 --> 00:05:39,220 neighborhoods are conditional used GR3. 47 00:05:43,140 --> 00:05:45,720 As far as community plan direction, 48 00:05:48,340 --> 00:05:52,150 it's a 49 00:05:52,150 --> 00:05:55,650 little bit convoluted to get here. The land use plan has this designated as downtown, 50 00:05:55,650 --> 00:05:59,790 so then you have to go to the downtown area plan which has this designated as downtown edge 51 00:05:59,790 --> 00:06:06,710 And then you come to find out that it is mixed residential portion in the downtown edge portion. 52 00:06:07,250 --> 00:06:08,470 What does that mean? 53 00:06:08,770 --> 00:06:15,350 Well, the direction for the downtown edge is higher density residential development to provide attractive, 54 00:06:15,550 --> 00:06:18,230 diverse, and equitable housing options. 55 00:06:18,790 --> 00:06:27,130 And specifically with the mixed residential portion, what would be relevant to this request is that 56 00:06:27,130 --> 00:06:30,710 that existing single-family attached homes should be maintained. 57 00:06:31,810 --> 00:06:34,450 And there's also direction about providing 58 00:06:35,570 --> 00:06:39,710 fronting on the street and alley loading for residential development, 59 00:06:40,010 --> 00:06:44,450 mixed throughout the downtown area plan portion of the community plan. 60 00:06:46,350 --> 00:06:50,550 As far as the approved master plan and CDSOs are included as exhibits, 61 00:06:54,510 --> 00:06:59,310 I'm sorry, as attachments, the proposed master plan is an exhibit. 62 00:06:59,310 --> 00:07:01,210 the approved master plan is an attachment. 63 00:07:02,070 --> 00:07:05,390 This is a site plan from the approved master plan showing 64 00:07:05,820 --> 00:07:09,110 the yet to be developed amenity area. 65 00:07:09,670 --> 00:07:14,690 That's this portion here on the corner. 66 00:07:14,950 --> 00:07:18,650 So you can see that it includes a club and pool facilities, 67 00:07:20,010 --> 00:07:25,050 vehicle parking here, bicycle parking here, 68 00:07:25,050 --> 00:07:33,590 here, a bench over near South Franklin Street Frontage, as far as the landscaping that was 69 00:07:33,590 --> 00:07:41,490 approved in this master plan. We have these lace bark elms along the drive, supplemental 70 00:07:41,490 --> 00:07:51,290 English oak here, and then shrubs along the front of the clubhouse and along this drive 71 00:07:51,290 --> 00:08:01,890 and the bench area. The subsequently approved construction plans include a 72 00:08:01,890 --> 00:08:05,710 little clearer detail about the proposed landscape or approved landscape, I 73 00:08:05,710 --> 00:08:11,750 should say. So again, Lace Park Elms along the drive. This oak is still shown 74 00:08:11,750 --> 00:08:19,450 here and then you have dwarf Japanese hollies kind of scattered along the street 75 00:08:19,450 --> 00:08:26,710 or the drive frontage here and a cluster of different shrubs along the entry to the clubhouse. 76 00:08:27,870 --> 00:08:32,510 That brings us up to the proposed master plan. 77 00:08:33,650 --> 00:08:41,870 And I'll show you both site plan and landscape plan. 78 00:08:41,870 --> 00:08:54,570 So the site plan shows in the amenity area the proposed park 79 00:08:57,060 --> 00:09:16,480 space as a part of this development so that would include prefabricated playground structure situated in this area on a 24 by 34 foot fall zone benches on these two sides and then a 16 80 00:09:16,480 --> 00:09:26,000 16 foot by 12 foot concrete pad with a 10 by 10 footprint prefabricated for 81 00:09:26,000 --> 00:09:33,200 William. Within that pavilion would be a picnic table, there would be trash and 82 00:09:33,200 --> 00:09:42,740 recycling located here, a bicycle rack located here, new parking spaces, 83 00:09:46,340 --> 00:09:46,460 two 84 00:09:46,460 --> 00:09:49,140 next to the bike rack here and 85 00:09:51,190 --> 00:09:53,670 as far as landscaping so 86 00:09:56,130 --> 00:09:57,450 this would be a lace 87 00:09:57,450 --> 00:09:59,950 This barbell here and here. 88 00:10:00,850 --> 00:10:09,730 These would be maples, and then apparently this was a maple, was planted, and then you have 89 00:10:09,730 --> 00:10:25,350 an existing landscape bed with holly's crepe myrtles and other plants, an existing stone 90 00:10:25,350 --> 00:10:36,350 wall as well along the front. And then shrubs providing screening for the parking spaces 91 00:10:37,650 --> 00:10:40,670 and two bicycle racks. 92 00:10:43,660 --> 00:10:49,320 I believe that is everything I wanted to show you on that plan. 93 00:10:50,740 --> 00:10:56,260 So staff recommendation, set the planning board, make a recommendation to the board of commissioners 94 00:10:56,960 --> 00:11:09,480 As required by the UDO and general statutes, as to whether to approve or not the requested rezoning and provide a comment on the proposed rezoning's consistency with the conference of plan. 95 00:11:11,740 --> 00:11:14,360 And with that, I conclude my presentation. 96 00:11:14,840 --> 00:11:16,940 Happy to answer questions now or later. 97 00:11:17,220 --> 00:11:18,600 I'm sure you'll have both. 98 00:11:19,660 --> 00:11:19,820 Okay. 99 00:11:19,820 --> 00:11:30,500 The really the main question that I had is, you know, as you mentioned, it's just a shift to a conditional district with one condition. 100 00:11:32,260 --> 00:11:42,900 Would a master plan that's already in place, would that still apply without this condition, or are we talking about, you know, same horse different color kind of situation? 101 00:11:45,020 --> 00:11:50,720 So your question goes to, what's the purpose of, yeah, why do we have to put one condition in? 102 00:11:51,720 --> 00:12:06,640 What's the purpose of making that one change, my understanding, and I could be wrong, is that there's already a master plan in place, wouldn't the developer slash applicant still have to hold to that, which is largely unchanged except for what appears to be a shift from a pool to a playground. 103 00:12:06,640 --> 00:12:11,120 around with regard to this particular parcel. 104 00:12:11,580 --> 00:12:11,660 Yeah, 105 00:12:13,790 --> 00:12:16,710 they would develop the remaining portion 106 00:12:16,710 --> 00:12:20,170 under this master plan of the common area. 107 00:12:22,630 --> 00:12:24,830 It's a little bit of an unusual situation 108 00:12:24,830 --> 00:12:28,070 in that the development is mostly built out. 109 00:12:28,670 --> 00:12:31,870 Really the remaining portion and the developers here 110 00:12:31,870 --> 00:12:37,650 can speak to this as well is this last remaining town, 111 00:12:37,650 --> 00:12:40,790 on a stick of townhomes and then it's a amenity area. 112 00:12:41,930 --> 00:12:47,870 So this is a process whereby the Board of Commissioners, 113 00:12:47,890 --> 00:12:54,750 ultimately, may approve a different configuration, 114 00:12:55,090 --> 00:13:00,730 a different design for that amenity area that from what is 115 00:13:00,730 --> 00:13:01,430 currently approved. 116 00:13:02,140 --> 00:13:02,690 Got it. 117 00:13:02,850 --> 00:13:06,570 So then therefore, the condition would be ideal in the 118 00:13:06,570 --> 00:13:13,110 the applicant's eyes in order to allow for this change to occur is, I'm just trying to read through, 119 00:13:13,310 --> 00:13:19,090 you know, if the condition is, you know, we must abide by the master plan that we have, like I'm just trying to. 120 00:13:19,650 --> 00:13:22,370 Right, so, yes, it would be the new master plan, right? 121 00:13:22,570 --> 00:13:22,950 Got it. 122 00:13:23,070 --> 00:13:31,810 Right, so it's one of the alternatives that Chapter 15 of the UDO gives for a conditional 123 00:13:31,810 --> 00:13:38,230 the other alternative being simply restricting the uses that are allowed. 124 00:13:38,610 --> 00:13:40,770 This alternative is a master plan alternative. 125 00:13:41,690 --> 00:13:42,250 Thank you. 126 00:13:42,570 --> 00:13:43,130 Yeah, you bet. 127 00:13:44,250 --> 00:13:53,130 Why do we have to change it from a RMEX to a RMEX CD if it's just relatively just a master plan change? 128 00:13:54,470 --> 00:13:57,870 Right, so the 129 00:14:00,520 --> 00:14:07,620 current master plan was approved by the Board of Commissioners under a different 130 00:14:07,620 --> 00:14:13,340 procedure that we no longer have in our, in our UDO. 131 00:14:16,720 --> 00:14:24,040 In order to approve a new master plan, the applicant is required to go through a procedure 132 00:14:24,040 --> 00:14:27,100 Whereby, the Board of Commissioners would approve a new master plan. 133 00:14:28,580 --> 00:14:41,460 Our UDO currently has conditional rezoning as the procedure whereby the Board of Commissioners would approve a master plan in conjunction with the rezoning. 134 00:14:42,140 --> 00:14:42,640 So, 135 00:14:44,710 --> 00:14:46,390 I hope that answers your question. 136 00:14:46,390 --> 00:14:48,990 Okay, yeah, don't 137 00:14:52,280 --> 00:14:55,730 go too far. Okay, I won't great. Thank you 138 00:15:00,000 --> 00:15:04,580 I proceed at this time to hear from the applicant for the project, if present. 139 00:15:16,050 --> 00:15:40,230 Good evening, planning board members. My name is Madeline Williams. I'm a land use attorney with the law firm of Warden Smith, and I'm here tonight on behalf of the applicant, Franklin Street Towns LLC. So Chairman Davis, your question, the purpose of our request tonight is very narrowly tailored, is specific just to the change on the master site plan. So as we go through the presentation, 140 00:15:40,230 --> 00:15:46,830 I'll focus on that to the extent there's questions or you feel free, please feel free to interrupt me with any questions as we go through. 141 00:15:51,860 --> 00:15:55,680 So, with this request, the underlying zoning will remain the same. 142 00:15:56,160 --> 00:16:07,560 It is currently zoned RMX, it would stay RMX, our request tonight is for this to be a conditional district, which allows you to tie this rezoning to the specific site plan through a condition. 143 00:16:08,080 --> 00:16:13,880 And that is the single condition that we're requesting tonight is that what you approve tonight is specific to this site plan 144 00:16:13,880 --> 00:16:16,560 and requiring the developer to build what is on that site plan. 145 00:16:17,180 --> 00:16:21,000 We are not asking for any additional lots beyond what has already been approved. 146 00:16:21,540 --> 00:16:26,660 The current unit count that has been approved is 61 lots, that's remaining the same. 147 00:16:27,240 --> 00:16:30,960 11 buildings of townhomes, that's remaining the same. 148 00:16:31,360 --> 00:16:35,620 Currently, 55 of those 61 townhomes have already been constructed. 149 00:16:36,200 --> 00:16:41,360 So the remaining building, that 11th building, those are where those final townhomes would go. 150 00:16:41,360 --> 00:16:47,360 So our request tonight, again, narrowly tailored is just about this new common area amenity. 151 00:16:47,540 --> 00:16:51,940 So what was previously approved under that prior plan was a pool house and a club house. 152 00:16:52,740 --> 00:16:57,080 That is a carryover from an original plan where this was submitted to be apartments. 153 00:16:57,620 --> 00:17:01,080 Then transitioned to town homes and that was a carryover from that. 154 00:17:03,550 --> 00:17:08,670 What we're proposing tonight, though, as the new common area amenity would be that space that Mr. 155 00:17:08,970 --> 00:17:11,150 Richards, and thank you Mr. Richards for your presentation. 156 00:17:11,150 --> 00:17:14,330 and show it on his screen, which we'll zoom in a little bit. 157 00:17:14,490 --> 00:17:17,970 It will have a playground area, a gathering space pavilion 158 00:17:17,970 --> 00:17:22,390 with benches and bike racks, and then green space around it. 159 00:17:23,850 --> 00:17:26,910 So the subject site, what we're talking about, 160 00:17:26,910 --> 00:17:29,970 if you're looking at your screen, is this area that you'll see 161 00:17:29,970 --> 00:17:32,850 at the northern portion of the property 162 00:17:33,490 --> 00:17:36,950 with that final block of townhomes being that red empty block 163 00:17:36,950 --> 00:17:37,590 that you see. 164 00:17:38,110 --> 00:17:40,630 And then to the left of that block on your screen 165 00:17:40,630 --> 00:17:43,310 would be where this common area amenity would be placed. 166 00:17:43,870 --> 00:17:46,630 So this is the same location that the previous amenity was placed. 167 00:17:46,890 --> 00:17:48,030 We're just switching out the use 168 00:17:48,030 --> 00:17:49,750 in what would actually be constructed there. 169 00:17:53,220 --> 00:17:56,560 Location, again, don't want to reiterate everything 170 00:17:56,560 --> 00:17:58,040 that Mr. Richards said, but again, 171 00:17:58,420 --> 00:18:01,180 we're keeping this, we're not requesting a change in zoning. 172 00:18:01,360 --> 00:18:02,820 That would say the same at RMX. 173 00:18:03,260 --> 00:18:05,860 Current use is townhomes, not requesting a change 174 00:18:05,860 --> 00:18:07,080 in the use of the townhomes. 175 00:18:07,420 --> 00:18:10,340 Only requesting a change in how the common area amenity 176 00:18:10,340 --> 00:18:11,300 is constructed. 177 00:18:13,200 --> 00:18:17,440 Here's the site plan on the bottom left of the screen giving this for the full context. 178 00:18:18,160 --> 00:18:26,200 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. 179 00:18:26,720 --> 00:18:30,760 So all we're talking about really is what's on the left side of the site plan today and 180 00:18:30,760 --> 00:18:33,740 what we're requesting that you recommend approval to change. 181 00:18:35,200 --> 00:18:37,420 So this is a zoomed in of that same area. 182 00:18:37,480 --> 00:18:39,380 This is what Mr. Richards just showed as well. 183 00:18:39,380 --> 00:18:52,360 On the upper portion of the common area amenity on 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. 184 00:18:58,510 --> 00:19:10,510 This is the open space plan, so again looking at that common area amenity, this new plan will allow for greater open space less impervious service than what was under the previously approved plan. 185 00:19:10,510 --> 00:19:24,090 And allow for an amenity that can be used year-round by residents of the townhome community as opposed to the previously approved pool which is limited in season, more impervious service and less open space. 186 00:19:27,260 --> 00:19:39,600 Speaking on just the UDO requirements for open space and the park space requirements, in this area your UDO would require approximately 20,000 square feet of open space and park space combined. 187 00:19:39,600 --> 00:19:46,260 What we're proposing here under this new common area of amenity would significantly exceed what's required. 188 00:19:47,200 --> 00:19:51,820 And for this amenity change, let me go back to the site plan. 189 00:19:52,700 --> 00:19:57,580 For this amenity change, just to understand some of the background here, that previously approved pool. 190 00:19:58,480 --> 00:19:59,960 as time went on. 191 00:20:00,000 --> 00:20:29,880 On with the development developer came to realize that that used for this particular area as well as the upkeep cost, insurance cost for the HOA. It's not really feasible for this type of development. Also, if you've driven by the space, the area where this would be located in my layman's terms would be a very small pool. Not one that would you would typically see in a townhome development because of the size that you'd be restricted to. So following that conversation, 192 00:20:29,880 --> 00:20:34,880 with the developer, developer, met with the community members and discussed alternatives, 193 00:20:35,160 --> 00:20:39,780 looking at different park models. They had two different community meetings about that, 194 00:20:39,940 --> 00:20:47,080 which resulted in the plan that's before you today. The first discussion was about more of a 195 00:20:47,080 --> 00:20:54,920 community garden concept, then also maybe a dog park area, but feedback that was received from the 196 00:20:54,920 --> 00:20:59,600 residents was long-term, the upkeep of a community garden, whether people are interested in that or 197 00:20:59,600 --> 00:21:04,880 not may not be as desirable as a playground amenity in a gathering space. 198 00:21:09,040 --> 00:21:12,420 So again, no changes on the lots, the street configuration. 199 00:21:12,920 --> 00:21:17,580 We have added two additional parking spaces, as well as those bike racks that are on 200 00:21:17,580 --> 00:21:19,240 the site plan in the common area. 201 00:21:19,840 --> 00:21:21,240 These are private streets. 202 00:21:21,780 --> 00:21:24,420 All the town homes are two story and three story. 203 00:21:24,820 --> 00:21:30,360 This final block would be two story town homes, again, not requesting an increase in density 204 00:21:30,360 --> 00:21:31,920 or any additional units. 205 00:21:34,190 --> 00:21:41,230 Mr. Richards touched on this, so just to put a bow on that, the existing vegetation would remain. 206 00:21:41,430 --> 00:21:47,690 We have proposed some existing or some additional items that would be included such as those additional maples. 207 00:21:48,390 --> 00:21:55,350 In this final phase, once approved, this would include some buffer plantings along the storm water pond that's in the rear of the site. 208 00:21:55,350 --> 00:22:02,950 But the existing foundation plantings and the existing street trees along South Franklin Street would all remain. 209 00:22:05,950 --> 00:22:08,410 So the proposed change for this common area and 210 00:22:08,410 --> 00:22:17,850 minity we find is consistent with the town's comprehensive plans as well as section 7 of the UDO with the different park requirements. 211 00:22:18,530 --> 00:22:23,450 The transition to the playground, the covered pavilion and gathering space promotes a more sustainable, 212 00:22:23,450 --> 00:22:42,230 community-oriented common area that can be used more year-round by the residents, which is also consistent with your comprehensive plan is less impervious space, additional landscaping in green space, and again a more flexible amenity for the residents in this community. 213 00:22:45,430 --> 00:22:51,630 So bringing it back to where we started, very narrow request, just asking for a change in the 214 00:22:51,630 --> 00:22:59,350 common area amenity use to allow for this playground, the pavilion area, and the gathering space. 215 00:23:01,110 --> 00:23:07,750 It exceeds and complies with all of the UDA requirements for open space and park space. 216 00:23:08,390 --> 00:23:13,110 And the water sewer and drainage infrastructure, it's already in place, will continue to serve 217 00:23:13,110 --> 00:23:14,950 of the development, no changes there either. 218 00:23:15,570 --> 00:23:22,010 For these reasons, we respectfully request that this planning board provide a recommendation of approval to the Board of Commissioners. 219 00:23:22,590 --> 00:23:24,290 I'm happy to answer any questions you may have. 220 00:23:25,470 --> 00:23:26,510 Thank you, Ms. Williams. 221 00:23:26,790 --> 00:23:28,210 Any questions for the applicant? 222 00:23:31,680 --> 00:23:34,240 I had one, I was just looking at, can you go back a couple of slides? 223 00:23:34,440 --> 00:23:34,580 Sure. 224 00:23:34,680 --> 00:23:39,780 I just had a question, one, can you go on this or back one? 225 00:23:40,200 --> 00:23:40,460 Go back. 226 00:23:40,820 --> 00:23:41,160 Yeah, right there. 227 00:23:41,160 --> 00:23:49,460 I just I saw on the other diagrams that we had that there is about a 10 to 15 foot drop on that 228 00:23:51,140 --> 00:23:56,520 North-Westernly on the right side. Is there any any other? Fencing or you talked about 229 00:23:57,600 --> 00:24:02,020 Shrubbidge going in. Is there anything going on that backside due to that drop? That's there 230 00:24:02,560 --> 00:24:10,920 You talked about right here. Okay, so on this plan no and but any requirements from the UDO for any type of buffering 231 00:24:10,920 --> 00:24:15,020 or anything, we would be subject to that, even outside of this conditional rezoning request. 232 00:24:20,330 --> 00:24:21,310 Any other questions? 233 00:24:23,010 --> 00:24:25,630 We may have further questions in a bit. 234 00:24:25,950 --> 00:24:26,750 Thank you for your time. 235 00:24:26,870 --> 00:24:27,830 We'll call you up if we need you. 236 00:24:28,070 --> 00:24:28,910 Thank you, much appreciated. 237 00:24:32,920 --> 00:24:39,560 We will now move to the public comments, public comments portion of the meeting. 238 00:24:40,560 --> 00:24:42,460 Sometimes I lose my ability to speak. 239 00:24:44,040 --> 00:24:47,200 We do have two people who have signed up to speak on this project, 240 00:24:47,200 --> 00:24:50,120 and we will call them in the order that they signed up. 241 00:24:50,780 --> 00:24:55,640 As a reminder to those with public comments, please speak into the microphone, state your name and address. 242 00:24:56,400 --> 00:24:59,980 You are presenting your position to the planning board, but we will not be asking any questions. 243 00:25:00,000 --> 00:25:25,540 Any other questions? We're 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. 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. So with that in mind, first to speak is Vanessa Johnson. 244 00:25:34,950 --> 00:25:35,530 Good evening. 245 00:25:35,530 --> 00:26:05,510 I've been a resident of Franklin, well, my name is Phenomenon, and I live at 849 South Franklin Street, and I've been a resident there for almost four years, and I guess my question or my thing is that that piece of property, nothing has been done with it, and it's been years that these townhouses have been living in the city, and I've been a resident there for almost four years, and I guess my question or my thing is that that piece of property, nothing has been done with it, 246 00:26:05,510 --> 00:26:12,150 have been in the process of being built and I know COVID came and that delayed things, 247 00:26:13,090 --> 00:26:23,470 but it just is an eye sore and it's embarrassing to be part of the downtown and people, a lot 248 00:26:23,470 --> 00:26:30,670 of people come in front of our houses every day and they see that property and it's not 249 00:26:30,670 --> 00:26:38,050 been taken care of. And we just really would like it to be done and done in a timely fashion 250 00:26:38,050 --> 00:26:46,480 so that it looks nice and then it's not an embarrassment to live there and to the town. 251 00:26:47,260 --> 00:26:54,900 We just want it to be done and not promises that haven't been kept. And that's all that I wanted 252 00:26:55,760 --> 00:27:11,400 I just would like it done and my neighbors would like it done, not in another five, ten years, not even in another two years, we just would like to see it done, and have it look nice so that we're proud of where we live. 253 00:27:13,060 --> 00:27:13,780 Thank you. 254 00:27:14,380 --> 00:27:15,800 Thank you very much, Ms. Johnson. 255 00:27:19,670 --> 00:27:23,670 And the other member of the public signed up to speak is Paul Johnson. 256 00:27:23,670 --> 00:27:27,110 Paul Johnson? 257 00:27:27,750 --> 00:27:28,850 Straight into the microphone. 258 00:27:29,050 --> 00:27:29,350 I'm sorry. 259 00:27:29,590 --> 00:27:32,150 Paul Johnson, I live at 849 in South Franklin. 260 00:27:32,930 --> 00:27:34,430 And I agree with my wife. 261 00:27:35,170 --> 00:27:37,150 So, you know, don't hear that every day. 262 00:27:37,490 --> 00:27:42,850 But, you know, no, we're really looking for expediency here. 263 00:27:43,270 --> 00:27:47,570 As quickly as we can get this process done, as my wife said, 264 00:27:47,710 --> 00:27:51,250 we've been waiting four years staring in an empty lot. 265 00:27:51,250 --> 00:28:00,030 that that's in disrepair and really is not living up to the standards of wake force that we moved into. 266 00:28:01,470 --> 00:28:09,090 So the more you all can do to get it to the next stage and then follow on from there, we'd really appreciate it. 267 00:28:10,010 --> 00:28:18,730 Also just like to point out it seems to be somewhat of a maybe a lessons learned here for 268 00:28:18,730 --> 00:28:24,990 the planning of these developments, of having a piece of it unfinished for this long. 269 00:28:25,410 --> 00:28:33,050 There should be some regulation or something, some planning mechanism that you all can push 270 00:28:33,290 --> 00:28:37,970 to make sure developers get their developments done without this happening. 271 00:28:38,730 --> 00:28:40,630 So, thank you very much. 272 00:28:42,130 --> 00:28:43,590 Thank you very much, Mr. Johnson. 273 00:28:45,580 --> 00:28:51,100 This time, I do open up to any other members of the public, which would like to provide comment on this matter. 274 00:28:56,500 --> 00:29:05,840 Her botkins for a seven bell moment court actually thought tonight was a joke and the planning department was playing a joke on me. 275 00:29:06,280 --> 00:29:17,640 I did not realize that this was actually real, but I do have questions because I feel like a lot of the folks over here are residents by a show of hands. 276 00:29:17,640 --> 00:29:24,020 Can you show me how many folks would prefer a swimming pool over a playground? 277 00:29:25,500 --> 00:29:27,600 And how many folks prefer the playground? 278 00:29:31,350 --> 00:29:31,490 Okay. 279 00:29:33,460 --> 00:29:38,760 Can you guys shake your heads and tell me whether or not the town houses out there where 280 00:29:38,760 --> 00:29:43,140 advertised as having a pool before you guys bought your place? 281 00:29:44,340 --> 00:29:45,200 It was. 282 00:29:45,900 --> 00:29:46,020 Yes. 283 00:29:47,020 --> 00:29:48,440 We're saying yes and no. 284 00:29:50,360 --> 00:29:59,680 Please focus on the microphone for you're speaking to the board, I'm sorry. It seems like to me this was a quasi 285 00:30:00,000 --> 00:30:22,840 Additional hearing, the residents weren't able to wait in on this plan, and the developer pretty much agreed to it. And my opinion, the developer should be fine. I don't know the legal cases of all that I'm not on the journey. 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. 286 00:30:25,900 --> 00:30:28,560 But that's just my opinion. I don't live there. So. 287 00:30:28,560 --> 00:30:28,640 No. 288 00:30:30,840 --> 00:30:31,900 Thank you, Ms. Watkins. 289 00:30:33,810 --> 00:30:35,810 Any other member of the public wish to speak? 290 00:30:43,000 --> 00:30:46,080 Hi, my name is Sarah Land, I live in Wake Forest. 291 00:30:46,680 --> 00:30:47,880 We do need your address. 292 00:30:49,160 --> 00:30:52,860 I live in the community on South Franklin Street. 293 00:30:55,000 --> 00:30:58,000 We, as a community, met several times. 294 00:30:58,320 --> 00:31:04,620 We agree with the developer on this plan, and we really just want to proceed forward. 295 00:31:04,620 --> 00:31:11,480 forward. I would like you to disregard the previous comments. This is not a point of 296 00:31:11,480 --> 00:31:17,540 contention with the community. We just really want to proceed forward and go forward 297 00:31:17,540 --> 00:31:21,280 with this. Thank you. I appreciate that. Thank you for your time. 298 00:31:25,540 --> 00:31:34,200 At this time, public comment is now closed. Having heard from the public, applicant and staff, 299 00:31:34,200 --> 00:31:39,120 Does the board have any additional questions for either the staff or the applicant? 300 00:31:40,520 --> 00:31:49,760 I just want to add one question for staff just because this property town on was brought up in the Board of Adjustments meeting. 301 00:31:50,680 --> 00:31:52,240 Let's let him get to the stand first. 302 00:31:53,880 --> 00:32:01,160 It was brought up in the Board of Adjustments meeting just trying to get clarity of if our vote has any impact of what they decided on last month. 303 00:32:01,160 --> 00:32:03,720 just so we have clarity for us moving forward. 304 00:32:05,440 --> 00:32:14,340 You're asking about the relationship between the Board of Adjustment, hearing in this decision? 305 00:32:14,640 --> 00:32:19,160 Yeah, just to make sure that what we're moving forward with has no impact on what they decided 306 00:32:19,160 --> 00:32:24,500 because there was no, I didn't see any comments or notes from the meeting that happened last month. 307 00:32:24,500 --> 00:32:34,220 Right, your decision would have relevance on the ultimate approval or disapproval, at 308 00:32:34,220 --> 00:32:39,020 least it would inform the commissioner's decision ultimately whether to approve or 309 00:32:39,020 --> 00:32:43,280 disapprove this new master plan as a part of the conditional rezoning. 310 00:32:43,720 --> 00:32:52,200 And that is connected to the notice of violation issue, which was discussed at that meeting. 311 00:32:52,200 --> 00:33:00,680 However, that meeting should not be relevant to your decision as to whether to recommend approval or not. 312 00:33:02,120 --> 00:33:02,980 Thank you for the clarity. 313 00:33:03,660 --> 00:33:06,140 I have a general question. 314 00:33:07,780 --> 00:33:09,200 Generally speaking, right? 315 00:33:09,700 --> 00:33:12,840 An applicant will propose a master plan to us here. 316 00:33:12,920 --> 00:33:15,440 At the planning board, the next phase, we make a recommendation. 317 00:33:15,440 --> 00:33:17,100 It goes to the Board of Commissioners. 318 00:33:17,100 --> 00:33:29,620 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? 319 00:33:29,920 --> 00:33:38,760 Can you give an extremely like ten or 15,000 foot view of what some of those phases are and what's a ballpark amount of time that that typically takes? 320 00:33:38,760 --> 00:33:49,420 I'm sure, obviously we different in this case compared to a situation where you're starting from scratch. 321 00:33:50,140 --> 00:33:57,440 And in this case, applicant would submit, well, there's a number of things that need to happen. 322 00:33:57,960 --> 00:34:03,940 For the last town home, stick to be, I call it stick, the last town home building to be constructed. 323 00:34:04,560 --> 00:34:07,480 And then for this amenity area to be constructed. 324 00:34:07,480 --> 00:34:16,580 We would need to have construction plans submitted for this amenity area. 325 00:34:20,760 --> 00:34:32,700 Once the construction plans are approved, then we could proceed with a pre-construction 326 00:34:32,700 --> 00:34:37,820 conference. We probably wouldn't even need a pre-construction conference in this case that I don't believe that there would be. 327 00:34:37,820 --> 00:34:43,480 It would depend on what erosion and sedimentation control measures would be required. 328 00:34:43,660 --> 00:34:48,020 All that would be ironed out at the construction plan review phase. 329 00:34:48,260 --> 00:34:56,520 But basically, that would be the next step in the development process would be submittal of construction plans, which would have been more detailed. 330 00:35:01,400 --> 00:35:28,840 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. Yeah, there are more steps that would need to happen before anyone saw, you know, concrete forms being put in place for, you know. 331 00:35:30,520 --> 00:35:35,620 Pavilion and all that, but yeah, I mean this would be an important step to cue all that up. 332 00:35:36,220 --> 00:35:36,980 Thank you all. 333 00:35:37,200 --> 00:35:37,280 Yep. 334 00:35:39,850 --> 00:35:44,130 Patrick, the application that was submitted with our packet still talks about the community 335 00:35:44,130 --> 00:35:44,510 garden. 336 00:35:45,450 --> 00:35:47,670 Is that a meaningful inconsistency? 337 00:35:50,350 --> 00:35:51,770 I didn't hear the first part. 338 00:35:51,830 --> 00:35:51,950 Sorry. 339 00:35:52,430 --> 00:35:52,830 Sorry. 340 00:35:53,530 --> 00:35:54,270 Just a little bit closer. 341 00:35:54,490 --> 00:35:55,410 No, I have the same problem. 342 00:35:55,530 --> 00:35:56,330 You got it all in one. 343 00:35:56,330 --> 00:36:04,090 Yeah, the application that was put in our packet for review still talks about the change being from the pool of a million to a community garden. 344 00:36:04,730 --> 00:36:05,630 Does that matter? 345 00:36:09,200 --> 00:36:11,000 Let's pull it up and look at it. 346 00:36:12,410 --> 00:36:14,830 Make sure I'm looking at the same thing you're talking about. 347 00:36:15,890 --> 00:36:20,310 So attachment B. Yeah, I'm page I like four and five or three and four. 348 00:36:29,980 --> 00:36:32,400 Yeah, right there. Okay, changing it to a community garden. 349 00:36:39,320 --> 00:36:39,820 Okay. 350 00:36:41,180 --> 00:36:42,180 Site land. 351 00:36:43,400 --> 00:36:44,180 In this 352 00:36:45,880 --> 00:36:58,460 If you look in the UDO, if I may jump in, the parks space portion of the UDO has, I believe, 353 00:36:58,480 --> 00:37:01,380 four different types, one of which is community garden. 354 00:37:01,520 --> 00:37:07,560 Yeah, but I think to answer Adam's question specifically, the master plan would be the condition 355 00:37:07,560 --> 00:37:12,300 and what they have to meet, so whatever is shown as a amenity on the master plan would be tied 356 00:37:12,300 --> 00:37:17,140 and the applications just there for reference to show 357 00:37:17,140 --> 00:37:20,280 when it was submitted in applicant contact information, 358 00:37:20,500 --> 00:37:23,000 but they'd be held to the amenities shown 359 00:37:23,000 --> 00:37:25,400 on the master plan of this reasoning was approved. 360 00:37:25,780 --> 00:37:27,360 Okay, that's just like question, thank you very much. 361 00:37:27,840 --> 00:37:29,540 Yeah, okay. 362 00:37:31,910 --> 00:37:34,830 Any other questions for Mr. Richards or Ms. Williams? 363 00:37:36,590 --> 00:37:37,650 I have a question. 364 00:37:38,390 --> 00:37:38,530 I said. 365 00:37:39,830 --> 00:37:42,550 Just, I understand we're talking about the common space. 366 00:37:42,550 --> 00:37:47,790 So I'm wondering why that last building wasn't built already. 367 00:37:49,090 --> 00:37:51,970 Is it tied to the common space in some way or? 368 00:37:53,990 --> 00:37:56,390 Yes, it does get somewhat complex. 369 00:37:56,890 --> 00:37:59,610 This has to do with the violation that we spoke about earlier. 370 00:38:04,690 --> 00:38:07,230 So the applicant would like to build that. 371 00:38:07,630 --> 00:38:13,590 However, staff has held that up, so the UDO has certain enforcement mechanisms. 372 00:38:13,590 --> 00:38:24,630 one of those allows staff to stop further consideration of development of applications for 373 00:38:24,630 --> 00:38:30,810 approving, basically approving, approving development permits until a violation is cured. 374 00:38:30,970 --> 00:38:33,510 That's one of the enforcement mechanisms. 375 00:38:34,170 --> 00:38:42,410 So that came into play on this project specifically with regard to developing the last town home building. 376 00:38:43,310 --> 00:38:51,050 because of the violation which centered on this amenity area and that it hadn't 377 00:38:51,050 --> 00:38:56,090 been constructed. Thank you for clarifying that. Yeah, sorry, it is a little 378 00:38:56,090 --> 00:39:01,550 bit long story. Any other questions? I'm happy to answer. 379 00:39:05,710 --> 00:39:06,670 Thank you very much. 380 00:39:07,110 --> 00:39:11,010 Welcome. And last call on questions for Ms. Williams. 381 00:39:15,370 --> 00:39:16,190 I don't think you're even 382 00:39:16,190 --> 00:39:18,430 We're going to take the hot stand, let alone the hot seat. 383 00:39:21,970 --> 00:39:26,250 So at this time, we can have debate, discussion or emotion. 384 00:39:26,910 --> 00:39:28,450 What is the pleasure of the board? 385 00:39:40,440 --> 00:39:41,900 I mean, I'll share my opinion. 386 00:39:43,020 --> 00:39:52,300 It's such a narrow situation, it's pretty obvious that it's in line to me with what the closest 387 00:39:52,300 --> 00:39:58,380 Just residents, what their desire is, it appears to be generally consistent with the downtown plan. 388 00:40:00,000 --> 00:40:26,720 And it's really just finish it up and finish with the town. I think the only, the only thing that really kind of came to mind was comments about, you know, so, you know, so-called eye sore. I'm guessing it was the kudzu that you see from the street, but I'm not even sure that that's part of this plot. It looks to be adjacent to the plot for these town homes. Maybe that is one question that I actually would have come to think of it. 389 00:40:33,150 --> 00:40:34,610 Yeah, and I'll describe it visually. 390 00:40:34,610 --> 00:40:40,030 As you turn off of 98 and head up Franklin towards town hall, there's Kudzu there on the right. 391 00:40:40,170 --> 00:40:41,410 I'm guessing it's not part of this plot. 392 00:40:41,490 --> 00:40:44,910 You can feel free to, yeah, yes, you may approach the bench. 393 00:40:45,530 --> 00:40:49,450 Thank you, Chair, and there's, yes, just confirmed that is not part of our property. 394 00:40:49,710 --> 00:40:55,750 It is separate, but of course, any landscaping on the site that's required by the UDO would still be required for us. 395 00:40:57,110 --> 00:41:01,610 The ISOR area, the area that is undeveloped, a recommendation of approval here. 396 00:41:01,610 --> 00:41:07,530 an ultimate approval by the Board of Commissioners would allow us to develop that entire area that's currently not developed. 397 00:41:08,090 --> 00:41:10,390 So that would be the amenity and then that block of townhams. 398 00:41:10,750 --> 00:41:11,090 Thank you. 399 00:41:11,350 --> 00:41:11,630 Thank you. 400 00:41:17,010 --> 00:41:19,830 So, this addresses any concerns I had. 401 00:41:21,650 --> 00:41:26,590 I'll make a motion to recommend approval with the statement of consistency with the comprehensive plan. 402 00:41:27,250 --> 00:41:29,350 Motion by Mr. Redler to approve. 403 00:41:30,470 --> 00:41:31,450 I'll second that. 404 00:41:31,730 --> 00:41:33,110 Second by Ms. Shepherd. 405 00:41:33,110 --> 00:41:35,770 Third, those in favor raise your hand and say aye. 406 00:41:36,310 --> 00:41:36,710 Aye. 407 00:41:37,410 --> 00:41:37,850 Opposed? 408 00:41:38,050 --> 00:41:39,530 Motion carries 6 to 0. 409 00:41:39,690 --> 00:41:41,030 Thank you very much to the applicant. 410 00:41:41,430 --> 00:41:44,350 Thank you very much to the public for your participation this evening. 411 00:41:45,130 --> 00:41:49,190 With that in mind, we now move on to staff comments. 412 00:41:50,410 --> 00:41:51,510 No comments this evening. 413 00:41:51,930 --> 00:41:53,490 No comments this evening. 414 00:41:53,730 --> 00:41:55,790 Do we have a motion to adjourn? 415 00:41:57,110 --> 00:41:58,250 Move to adjourn? 416 00:41:58,350 --> 00:42:00,210 Motion to adjourn by Ms. Sheppard. 417 00:42:01,250 --> 00:42:04,190 second? Second? Second by Mr. Moore, those in favor. 418 00:42:04,810 --> 00:42:09,950 Aye. Opposed? Motion carries. Good evening. This meeting is adjourned.