Planning Board - Regular Meeting

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e e e 2025 planning board meeting to order looks like we have forums if everybody please stand in for the pledge Al to the flag of the United States of America and to the Republic for it stands one nation under God indivisible with liy and justice for all all right we will move to item 2 a which is approval of the minutes from the January 14th 2025 planning board meeting uh has everybody had a chance to review them uh if so are there any corrections concerns comments or a motion to approve they' be approved is read second we got a motion and a second any other discussion before we vote all in favor I I all right motion pass oh all opposition all right that one's passed all right moving forward we'll move on

to the public hearing section of of the agenda um we move into item 4 a re 202 24-17 further information provided by staff thank you chair members of the board good evening I'm submitting the agenda abstract and supporting documents into the official record of the town so the first item for you this evening is Rez 20247 a rezoning request by new Waters recovery North Carolina RTC LLC this rezoning request is for approximately 13.9 Acres located at 6321 Johnson Pond Road pin number 0677 27743 the request is to rezone the property from the residential agricultural zoning District to the office and institutional zoning District accompanying this rezoning request is a land use plan Amendment request from the mixed residential neighborhood and open space designations to the Civic and institutional and open space designations so essentially the open space areas remaining the same although the requested zoning map amendment is not consistent with the 2040 Community Vision land use plan classification of mixed residential neighborhood the petitioner has requested a change the land use plan designation for this area to Civic and institutional which is compatible with the proposed rezoning and proposed use of the property the requested rezoning District or zoning district is complimentary to the existing uses in the general vicinity of the subject property and the proposed use in site specific conditions effectively manage future development of the site while preserving the historic J Beal Johnson House the requested zoning District supports the land use policy 2.1 encourage infield development and Redevelopment inside town

limits the requested zoning District supports the land use policy 4.6 build parks and preserve open space staff has provided two potential motions for the board to consider with that I'd be happy to answer any questions you may have all right does anybody have any questions from Lissa before we we move forward and open the public hearing looking like we don't see any um at this time we would like to ask Attorney John atock to come up forward as the applicant representative prior to opening the public hearing comment to the general audience to present on behalf of the applicant for this agenda item good evening Mr chair members of the board my name is John Adcock of the Adcock law firm located at 202 East Academy Street and I recommend uh excuse I represent the petition in regards to this resoning uh tonight I have with me uh representatives of new Waters recovery Justin McLendon the CEO Thomas hog head director of admissions B Reeves Director of Business Development and Ryan Peterman who is with Trinity partners and is the project manager for this project um the this process is we've had kind of a chick or egg process here between the certificate of appropriateness which was issued by the north I mean excuse me the Wake County Historical preservation commission um this property is designated uh a fqu Verina Landmark historic property by ordinance in 1995 uh the town passed an ordinance designating this property uh as a Landmark property it also is on the national hisor register of places and because of that specifically because of the landmark designation any changes to the property have to be approved by the Wake County Historical preservation commission and they issue a certificate of appropriateness uh at the end of that process hopefully and that uh a I'm say COA which is referred to as a certificate of appropriateness the COA was granted by the historical preservation commission uh in January of a month ago roughly a month ago um my

clients purchased this property in October of last year uh they paid $3.1 million for the property um it has a tax value of a little north of $2 million um this is a conditional resoning uh so we're going to present information regarding the specific use that is proposed um my clients will operate a uh a residential treatment facility for individuals adults uh adults who are suffering from substance abuse disorders um it is a facility that will house these individuals on site uh for a period of between 30 to 45 days um it is going to be an upscale facility and I use that term because uh my clients are going to be uh right now they're proposing to spend in excess of approximately $10 million between 8 and10 million making improvements to this property um I'm going to show what the COA process uh came out of that COA process there's not a site plan submitted with this resoning um but I think it's important for the board to know what the uh historical commission approved and and really with that approval um you know this site plan is kind of locked in subject to some variations that may be worked out with the town staff during the site plan process but we have a site plan that was approved by the historical preservation commission and I'm going to show that show that to you tonight um the the treatment uh that takes place at this facility will be voluntary only there think about think of this there's two types in general terms and I'm not an expert on these matters but my clients are and there here to answer any questions but you can have a voluntary treatment facility or you can have involuntary involuntary is a is a legal action that's where someone is recommended uh and a Judicial officer issues an order saying that person needs to receive treatment that is not the case here in fact my clients are willing

to accept a condition that says they will only have voluntary commitments that's what they do that's their business model they're not going to accept involuntary commitments um they go through individuals that want want to seek treatment at this facility will go through an in-depth screening process um and there's what are called exclusionary factors that are used to find out to make a determination if this person is appropriate for this level of treatment and if those factors aren't satisfied then those individuals are not allowed to to participate in the treatment um individuals that come to this facility have to be medically stable and not be suffering from any acute mental health conditions the the improvements that were approved by the COA process uh and I'm gonna show the site here small so there of course the historic struct the historic building itself is going to remain unchanged the only thing the only alteration to the J Bill Johnson House is going to be the addition of a handicap ramp that is it and that was approved by the storical preservation commission the major the major improvements of the property will be two residential halls located to the east of the main house these are the yellow items you see on this map on the site plan and this will be residence Halls one will be for um men one will be for women uh it's 12 uh spaces in each Hall so there's a total of 2 24 individuals that could be on this site receiving treatment at any one time um there's also going to be a fire access safety access uh Road built between the main house and the two new

residence Halls there's a garage type building to the south of the pool um they're going to they're going to add on to that garage uh for uh food preparation um this facility all the meals are cooked by a chef on site um and one thing I want to really emphasize here is that almost all this site and I know you guys I'm sure y'all familiar with the property it's heavily wooded it's a beautiful piece of land uh these trees are staying in place they had a tree survey conducted where they didn't identify every single Heritage tree but I think they identified like 168 of them somewhere in that ballpark the only trees being removed which this is per of the COA process and approval are trees being removed to construct these improvements there's approximately 23 or so trees being removed and as a part of the COA application my client has agreed to replace each and every tree that is being removed with a uh with the same species obviously it's not going to be as tall as the trees that removed but it's the same species of tree being put back that exceeds the ordinance standards that the town has where you have to replace Heritage trees within buffers these trees I don't think there's any trees coming down within buffers but the bottom line is they're replace the trees and preserve the uh the forest is to the extent possible to the fullest extent um so this is a sight plan again this is not part of the zoning package but again we had this chicken egg chicken and egg situation where we had to go through the COA first and this is what resulted from that this next uh slide is a aerial depiction of what the improvements will look like once constructed you see the the pool was located directly to the east of the main house the the Historical house these two buildings to

the east will be the two um residence Halls that will be constructed on the property one of the key elements of the COA process was that and the COA process is regulated by State Statute so uh the W County Historical preservation commission operates at as a quasi judicial body and their Authority uh comes from enabling legislation from the general assembly and the enabling legislation says that no improvements or no changes to these historical landmark properties can occur unless it's demonstrated that uh there's no uh adverse impact in general terms to the historical significance of the property what this slide depicts one of the big issues that my client's design team had to deal with is if this is the main house here in the middle these are the proposed residential buildings to the east well as I'm sure you know this the Historical house sits on the top of a hill on the property the topography goes down from that house on all sides one of the big challenges which was satisfied was moving these residential Halls downgrade so that they would have limited visibility from Johnson Pond Road and my clients did an excellent job they're designed to did an excellent job responding to capillary preservations comments regarding the plan but the bottom line is they have moved these residence Halls downgrade from the historical home uh where there's very limited visible impact from the presence of these uh new buildings on the site again this is a these are not part of the resoning package but I want to make sure you understand what was approved because this is what my clients will build this is a elevation showing the uh the residence Halls what they will look like they're one-story

buildings approximately 4,500 square feet in in area um and one of the critical challenges with uh making improvements to an historical property or Landmark property is that um you don't want well I say you don't want the historical commission does not want new buildings to be uh an attempt to look historic um they want the architecture to be consistent but at the same time they don't want to try to recreate some historic uh Rec build some type of historic structure here because that would be um you know would not be consistent with historical nature of the property but these designs were approved through the Coe process and this is what how my client intends to build these structures this last slide is a side rear elevation of those buildings so regarding the land use um with this property this is a intended to be a low intensity land use um I have part of what my client has done is had a trip generation is prepared by kimley horn if I can pass these around and we concur completely with the staff report um the staff report identified what the alternative development options for this property are um the MRN langage classification supports uh a potential PUD for this site which the maximum density would be approximately 83 units across the entire property um my client is proposing two buildings to be constructed the property

will remain intact as one property will not be subdivided um and the report I've just handed out by kimley horn it's dated um August 28 2024 it's by Tony Tate and excuse me it's from uh L overcash A Transportation engineer so one of the conditions that you will see in this application is that the residence that are getting treatment at this Center will not be allowed to have vehicles on site so there's going to be very limited vehicular trip generation from this site based on the zoning conditions and the classification of land use kimley horn found that this this land use is expected to create 56 vehicle trips per day with five to seven vehicles per hour during peak hours I'm not a transportation engineer I'm not trying to act like one but the same manual that is used that was used for this report which is the it trip generation manual The institut Institute of Transportation Engineers manual finds that a single family residence generally generates between somewhere between uh 8 to 12 9 to 12 trips per day so if they're 83 units located on that property you're talking about a uh somewhere between 800 900 vehicle trips a day originating from this site this land use as proposed with the zoning conditions is expected to only generate 56 vehicle trips per day also in regards to the other alternatives for developing this property is the uh the amount of tree removal if this property was developed this 13 acres of property was developed it would take and I'm not an engineer but it would be

massive site grading would take place um there is only limited amount of grading occurring with this land use only to construct the two main buildings to put in side path and some other um anary things also we talk about the environment right there's a blue line stream that is along the uh eastern boundary of the property um there's going to be limited grading there's not going to be any significant change in the storm water management on site versus an 83 unit single family development another unique uh aspect of this property is how it's buffered by natural buffers and Regulatory buffers um as you're aware to the north of this property Northeast of this property is Johnson Pond to the north excuse me to the north of Northwest to the north and Northeast is terrible Creek well those are environmental features with regulatory buffers surrounding it um and as I mentioned there's a there's a blue line string that traverses the eastern boundary of this property so this development the improvements being made this property are minimal compared to what the land use plan supports could potentially go on this property so we understand that the uh the staff received some questions regarding or concerns regarding safety um again I want to emphasize this is is a facility um you know people are going to pay between 50 and $65,000 for 30 to 45 days stay at this location um the clientele that my client uh seeks to have at this site you know these are professionals these are professional athletes these are CEOs these are lawyers these are people that

voluntarily want to seek treatment no one is being held will be held on this property against their will if at any point in time someone wants to leave they're allowed to leave uh and also uh if they breach rules and regulations um ultimately that could lead to them being removed with the well recently uh we submitted to the staff um a summary of security measures that are being that are part of this development there's going to be a gated entry at the facility cloud-based 24-hour video surveillance of the entire property they're estimating this could include up to 40 cameras across the property no weapons are allowed on the premises the clients are monitored 24 hours a day this is a structured program where the client's uh daily activities are in accordance with a strict schedule there's 24-hour awake staff on site there's on-site nighttime security there's a mandatory curfew um and again I emphasize this is a voluntary program these clients that come to seek treatment at this facility must be highly motivated engaged in the treatment process and they must be medically stable and free from any acute mental health systems for admission the pre-screening process is there and I there's uh regarding safety concerns um from a business perspective there's no one more motivated to have a safe uh facility than my clients they're looking to spend over in excess of $10 million on this property um their the treatment they provide is dependent on the safety of the facility for their for the people that are on site and for the community as a whole um it's imperative that they

have uh a safe facility and also I will note that um they have a facility they're operating in Raleigh currently it is on BL Road and we'll pass the I'm passing out a uh a weight County GIS aerial map and this is a facility operated by my clients it's a voluntary detox and Assessment program um the level of care at this Raleigh facility is a higher level of care which so it's more uh it's less selective than what will be uh how the process will work on the Johnson Pond Road properties but you will see a property outlined in red that is the facility that facility has no fence um it's in an urban area of North Raleigh amongst residential and commercial land uses there's an elementary school approximately a mile away and as of today's date there have not been any reports of criminal AC it at this facility or any instance of violence at this facility in addition to the uh assurances we provided staff regarding uh the safety of the of the property um my client also has rules and regulations that the those seeking treatment must follow um I'm not going to go through the whole laundry list of these but they're extensive um there's a clothing policy there's certain articles of clothing you cannot wear um there group therapy guidelines which require people to be where they're supposed to be on time and uh early of critical importance there's a Prohibition on certain items coming on

site now what's ha the way this process will work is these individuals seeking treatment after a pre-screening process and after they're admitted in the program someone will someone will drive them to the property drop them off and then leave and that person will be on uh the CL will be on site and they are prohibited from bringing at any time possessing alcohol illegal drugs any prescribed or over-the-counter medications any prescribed medications are held by the staff of the facility um there's no Weaponry knives there's no photographs or printed material that could be deemed by staff to be inappropriate No Electronic ENT entertainment devices um there's no sports equipment uh they don't even allow um aerosol can products or any any products containing alcohol including scented lotions no mouthwash no aftershave no pipes no cigarette rolling papers no credit cards no checks no credit cards um in fact if a family member wants to send uh cupcakes with with along with these people that are are being admitted they can't do that they can't bring anything with them all right the policy also stipulates that if male is delivered to them at that site that mail is opened in the presence of a staff member again I just emphasize the business model here my clients they their whole business reputation is having a facility that is uh that is safe uh and provides an environment that is conducive to the treatment that they will be providing so in some you know this is a high quality highlevel upscale uh treatment facility it's a low intensity land use um compared to what would be permitted on this property this is a you know this is minimal U changes to this property and all of these

changes that have been proposed or being proposed have been approved as part of the certificate of appropr process the COA process um we agreed to staff's analysis uh in the report um we find this proposed land use is consistent with the land use plan and the ldo and we would ask the board to to approve it recommend approval I'll be glad answering questions thank you who may have any questions for the applicant just uh one quick question for the COA that you talked about um I'm assuming that application had the all the full details just as you have explained tonight to the historic preservation Society on what that site will contain yes absolutely and so the I mean the site plan which the site plan process was started in August maybe and what with the COA process what happens is capillary preservation is a nonprofit um and they're in they're under contract Wake County so when someone comes uh forward with a COA application um uh cap capillary preservation they serve as kind of intermediary they go back they look at it they provide comments and so this this site plan and the elevations is a result of extensive back and forth with capillary preservation and all of that information was presented to the won historic preservation commission via an application we also made a presentation um and um they found they voted unanimously in favor of these proposed changes so if there are things that are altered on this site plan or any part of that COA application is either considered a minor uh change or a major change a minor change will be something administratively cap could uh approve if it's a major change that would require going back to the Wake County uh historical preservation commission to

get a new COA if it's a major change so yes every aspect of this uh site work I mean the exterior elevations the the um uh the building materials I mean it was an extensive process and Wake County Historical preservation commission has what are called their principles and standards it's a link the document um and what you have to do at those hearings again that's a quasi judicial body so you have to produce evidence to the board uh during the hearing but the um the principles and standards lays out every single aspect of any change that's being proposed to a historical landmark and so we had to address all of those and I don't know if you had a chance to see the report or not that they produced but it's an extensive report by the commission um their findings but it was all found to be uh they found it in favorable for us for the for the applicant okay thank you um what is the what's the date of expiration on the the COA what does it mean what do you have to have done by the co because it's lists basically a year from now so like what what do you have to have done by then do you have to just have this approved the zoning approved or do you have to have the buildings renovated or how far do you have to my knowledge and I chairman I'm not absolutely certain about this um I don't think works like a site plan approval for the town where you've got a certain amount of time to do things I mean I think as long as we proceed in accordance with what was approved I think we can do that um we have to have the resoning now the you know it's not a condition for the COA that we get the resoning but obviously to operate the the intended use of this property we have to have the resoning um and that's why we're here so uh but I'm not aware we should probably uh step we should probably get an answer for that question question um my my understanding is the expiration date is you have to

start the renovations by that time not complete them in other words you can't just you can't like five years from now start doing some Renovations you have to you have to I believe that I mean and not because I've been through that process myself so um well we uh the only reason I asked that is because like if you have to have construction completed by January 14th of next year andon now that's that's probably it's probably a little far think that that could happen and my client with the project manager they're already in the process of uh getting the construction process started um they've done a lot of work already I mean this this was extensive the architecture's been done the site plan's been done um so they'll be in the process of choosing contractors going through that process in the very near future but obviously want to wait to see if the resoning is approved before they spend too much more on it sure so do you guys because this is kind of like a hospital do you have to get a certificate of need as well or there there's no certificate of need just I'll let Justin mclinton he's a CEO let him address that the quick answer to that is no there's no certificate of needed uh needed for the particular level of care that we were licensure that we would be applying for okay yeah but there there is there is Lure by the state that's correct um if you want to yeah sure so yes there is a lure from from D DHHS here in North Carolina and not to bore you guys with those details but the licensure we would be seeking is level 3.5 which is residential treatment for individuals who who are substance users is the the nomenclature there uh and yeah there's as I'm sure you guys are aware very rigorous process that we would go through in order to achieve the lure uh we've been through that process at our current uh facility for higher level of care which is licensed at 3.7 which is non-hospital medical detox uh we also are certified through the Joint Commission at our current location and we would be seeking the same

accreditation as there as well which in my professional opinion is actually a higher level of uh rigor than than what is required here in North Carolina and that's just uh everything from the building itself you know how we conduct treatment how we ensure that that our staff and the clients that we serve and the community in which we we provide those services are all maintained uh and provided in a safe way and and so forth and so on anybody else have any other questions for so this is um going to be two buildings and then anything after that no that's that is our entire plan for this property is exactly what we propose is to build you know to maintain uh the historical home as it is with just you know very minor Improvement for the handicap ramp building the two additional structures um and that is all we plan on doing as a matter of fact it's extremely important to us that we maintain the the openness of the land there uh the Serene and you know uh beautiful environment that exists at the house is is what initially attracted to us to it to begin with and we have zero plans on doing any anything further than what we propose um I do have a question on the uhu um you had a Comm a neighborhood meeting um and it looks like nobody showed up um nobody showed up the neighborhood but I also I also note that there there weren't I mean there there were all of nine nine individuals are or or companies notified of of it um so I guess and in looking at it it looks like it you know if I'm just looking right at that property there's not a lot right around it you know if there's any you know there are some obviously concentrations of neighborhoods both to the North and the South of it but um those were not included in your required radius of no sir it's it's 200 feet from from boundary of the property okay and um to my knowledge there was only one

single family residence within 200 feet okay and I've not received any um any communication I did have a discussion with Tommy Broadwell who's here tonight about it um but beyond that I've not had any communication from anyone okay that that's what it was just like you know it's unusual for us to see but but it's also with the limited number of folks that you know you didn't it wasn't like you had a neighborhood there that everybody in the neighborhood got um because there aren't there aren't really any neighborhoods that that close and I do want to point out as a part of the COA process I can't remember the distance from the boundary lines but there's also a public notification as a part of that that that we don't provide uh that the yeah capillary yes cap do okay that's all I have okay to to access the site I believe that that right now is a shared Drive um where one part of it goes off towards uh Johnson Pond and then one will go off towards the property um what's planned for that the there's going to be utilized a construction entrance to the south of the home um that will be removed after construction is complete and that's part of the COA process approval uh the main entrance on the north side of the property there's going to be a gate installed uh on that entrance that will be the only entrance to and from the property on and off the property one thing that's a little bit unique about this is and for the old-timers you know that Johnson Pond Road used to be aligned to the east of where it is now and so dot owns this property here just to the north um so the uh the access will be the main Drive using the old RightWay for Johnson Pond Road back to uh this intersection with johnsonon road which is uh south of the Newbridge does that answer the question it does it

does so there's going to be the access will be uh will be the main entrance that exists there and we be gated and the gate was approved by by u in the COA process any more questions for the applicant team if I could sir just have you like sign in that you did speak and state your name and record for the just come up here and state your name and record so we have it so Eva's got it and then just make sure you signing with Eva just because you did speak here at a public hearing so name and home address Justin McLendon uh CEO at new Waters recovery and my address is 503 Thorn crest Drive Apex North Carolina thank you sir thank you thank you Mr T all right this time we'll turn it over to assistant planning director meliss Sigman who has an item to enter for the record was this the public hearing it started the public hearing but not the not the public hearing for open to the public that was the applicant's part of it all right so public hearing is open but that was the applicant piece of it okay um but this time assistant planning director M Sigman has an item to enter into the public hearing for Rez 20247 thank you chair we did receive an email um to enter that I am entering into the official record um the individual was not able to um attend the meeting this evening that email has been provided at um each of your seats um and the email is from Alinda Erikson so as I said that is now entered into the official record for the item and for the planning board members if you haven't skimmed through it it would be entered in the opposition category all right at this time we'll open it up to the general public Eva do we have anybody signed up to speak up for this case um we do not nobody has signed up to speak in favor or against in favor or against we have no one signed up okay if there's anybody that did not sign up that wishes to sign up either in favor or

against all right seeing none I will close the public hearing and bring it back to the board for discussion um does anybody have any questions for staff or general discussion um just one quick question regarding ing the proposed Greenway um that's in the vicinity it doesn't look like it actually crosses into uh onto this parcel that we're talking about so nothing's going to have to be done about the greenway for that area for this development so during the site plan sorry there during the site plan review process we would identify if there are any onsite improvements um if that Greenway were part of the improvements um whether it is part of the front improvements or on-site improvements at that point we would identify if if there are any um any expectations of requirements based on the the CTP given that location um I don't believe we've had any specific discussions with staff regarding the feasibility of construction but again that would be detailed with that full site plan review process Melissa given that we have a change in land use this just a we don't really get these kind of things very often where we had the historic preservation office coming in and we just don't get a lot of these when when when we hire as a town we hire the land use consultant to do our our land use plan do they look at any of the historic preservations of of things when they're assigning land uses like do they look at it and say all right there's a there could be a historic house on this property you know therefore maybe we shouldn't put a neighborhood here because it's going to be a lot of challenges there maybe this is a better use you know do does that get into play so it is possible although it is also possible that at a very fine levels such as this where you're talking about one specific individually owned property that that may not come into play with the land use plan decisions and so that is where um we do sometimes see that a change to an individual property in the

land use plan could be appropriate based on additional considerations such as historic preservation gotcha okay um and then I guess I had another couple other questions as it relates to kind of the the conditions and the zoning what we're allowed to actually include in the zoning conditions cuz a lot of what Mr akok said was you know it's really good and it's geared around security and and how the facility is secure but if say new Waters decides to sell this property and we have decided to reone it to this use how how can we make it to where those kind of Provisions move forward as well with another facility like can we essentially require as owning condition so that if if ownership changes it has to come to the board for changing conditions is that something that's on the table for planning board to consider um just because I mean there's some really good information in these um security measures me that that we're given here but not all of these are incorporated into the conditions and I'm not sure you actually can because I don't know how you would enforce them but I would ask Town attorney to speak to that is and uh I believe your question is whether or not if the the current petitioner ever sold the property whether or not the conditions that are being proposed would carry over transferable okay any condition that would be on this reson would run with the land and be binding on somebody in the future if they if they were so specific it's likely somebody in the future would have to come back to us to change them if they're really spefic specific right I guess what I'm asking is like so this is a voluntary facility right there's nothing in these conditions that says that it has to be a voluntary voluntary um facility right like that's not a condition right now so if this gets sold and now it's not a voluntary facility we' still approved the resoning like that like I think the program is great but how do we ensure that what is in here goes into the zoning does that make sense Mr chair I sure my client will agree to a I that this be a voluntary only okay facility yeah so I guess that's the thing maybe those are some of the things that as the board discusses this um that could be some suggested conditions to give assurances

that you know what what's being proposed which sounds like a very good facility doesn't necessarily get lost in in the fact of a zoning in in just a general broad Zoning for you know if this facility were to get sold we do have to consider that on the board that whatever we approve we don't necessarily approve who is doing it but what they're doing um so that's good to know so same kind of thing with maybe the architectural standards I know our town board is very particular on um what you show in a in a site plan or an architectural being able to back that up with some sort of condition to be built there just my two sense worth I think we're covered with the I mean the historic commission actually probably does a lot of the heavy lifting in that area but only on the building that's historic not the other property is that mrot it's on property um Mr Red's correct so the entire property would have to left every single Improvement being made on this property well has to go was regulated by and that includes the trees you talked about the trees you can't take out a single histo you can't take out a single Heritage tree without the permission of the entire property so the entire property has to remain intact and that that's a I mean they brought themselves an extra load of things to do because of that but that that is I think again from at least from from my perspective where I see is that the historic commission will do the heavy lifting in terms of of whether whether they try to expand or not and the quality of that expansion to match the historic historic nature what they what they probably can't do is if and and what my concern might be would be okay you got two residents and it's very successful and they they've really it's like well what if we ramp it up to you know add another two halls and then they go through this whole process and add another two halls but that that we just want to make sure that they do that we've already rezoned it so does the does the board planning board or the Board of Commissioners get to see it

again uh before that's done you know obviously there's some construction and some other things so permitting and all that kind of stuff but you know at what point do we make sure that it's kind of what's been presented here that's always it's a challenge with all any kind of you know resoning once you've resed it we've kind of lose our leverage uh on on that unless we've got significant kind of condition is in there and one thing I want to add Mr chairman is that I didn't mention this it's a condition that my client is pursuing historical preservation easement with capillary preservation is one of the proposed conditions and that's another layer of regulation on this property um that actually regulates the inside of the historic property uh currently the landmark designation does not give jurisdiction to the historical preservation commit to deal with things on the inside it's all the exterior uh granting an easement changes that and my client is has agreed to pursue that we have a draft receive from cap we're reviewing that now and we hope to get that worked out between now and the town Board hearing um but one more quick point the whole property is designated as a Landmark property okay so it's not just the house it's the entire property so if if if the house does get or the property gets sold and it goes through a different ownership change does historic preservation get back involved in that as well it B ordinance by the town of fuu Arina it is a landmarked property and any changes of that property are regulated through the historic preservation process as I said it could be a minor change something administratively cap could handle or it could be a major change where where there's a new COA that has to be issued and all due respect to the town's architectural standards but there's no comparison to what oh preservation commission for sure I just our town board is very particular I've seen them kind of ask people to actually make a guarantee that what they showed is what they're going to build so it's just it's more of a heads up for you guys to be able to address that when when you get

there yeah if my clients don't build those elevations uh historical preservation commission has enforcement rights against them and they will sure tell you thank you thank you any more questions for staff or the applicant or any discussion motions um I just a comment is that you know I'm I'm actually somewhat familiar with these type of um these type of treatment centers um and U and upscale ones as well um and it it this is a again they've taken on um a significant amount of uh extra effort to ensure the the high quality uh of what they're doing and I recognize the value of that in the treatment process so um I uh in in in essence I I I guess I I I understand what they're doing from the historic perspective but also from the treatment perspective this is uh um you know it's it's uh like it said you know if you're charging a you know customers you know multi- tens of thousands of dollars you know patients you know in order to uh get themselves better these are these are um uh people that are are are struggling but uh but uh have the means to get the help that they need and so that's kind of people that I would imagine are going to be here uh in a in a b basically with a historic home a pool and you know these these uh you know nice centers and a whole kitchen area being made I mean this is going to be uh you know just a a resort-like sort of setting uh for them to get better so that they can focus on their own health um so I I I actually um u sounds like motion yeah okay and so um everybody else needs to have a chance to discuss it but I I definitely I like and the

other thing is to point out we just don't have a lot of of really close neighbors around there that that would I mean not that this is a very low extremely low intensity from the perspective of the community in the neighborhood it it's one of those once it's in we really won't even know that it's there other than that we saw we had it through this planning board um most of the citizens won't really know that it's that it's there uh will be you know it it should operate pretty quietly and silently and that's kind of I mean you can't ask for better operation and a you know better tax dollars that kind of thing you know that kind of that that kind of setup so I I would definitely support uh support this uh how they're doing it um and uh but I would you know we do need to have make sure that there's some sort of a um way to make sure that they're committed to you know that we have a way of of putting conditions in so that um we know that what they've presented here and I think with the historic commission and some other things I feel fairly confident that you know they're going to follow through and also not it's not going to be a a switch out in two years we're going to have some sort of there's just no opportunity for for um uh for this petitioner to be able to do that they they they really are locking themselves in hard with what they they doing they they they don't they haven't given themselves too many Escape hatches which is you know I appreciate that that takes a lot of effort to do that but um this is pretty much what we see is almost certainly what we're going to get which is unusual in a zoning case at this level right to have this kind of confidence or at least for me to have this kind of confidence yeah we're going to see this in where whenever it's in whenever it's built so I would support it but I'll any other discussions um are we ready for a motion that sounds like you can make a motion if you'd like Ed I will make a motion to recommend approval of Rez 20 uh 24-17 a zoning M Amendment

for uh 6321 Johnson Pond Road from residential agricultural zoning yeah I can read it here uh District to office and institutional conditional zoning District o oi czd and the corresponding land use plan Amendment for the Mixed residential neighborhood MRN and open space OS classification to the Civic and institutional Civ and open space OS classifications as it is reasonable and in the best interest of the public look for the reasons that have been identified uh by staff second we have a motion in a second before we vote do you want to add the condition on there that it's that was agreed upon about it being a a voluntary facility uh and yes I I will amend my motion to uh add that uh we would look at a condition upon the you know that uh the the petitioner has agreed to the condition of um that uh uh all um commitments would for patients would be voluntary another commit um that they be adults only and it I guess it wasn't listed in the condition was listed as adults yeah that's still second EDS motion yeah okay and so you so we've got the condition with the voluntary facility is what's added in voluntary commitment no one your second still good y all right everybody's good for vote then one more discussion all in favor all opposed motion carries all right all right that was a that was a bit of a doozy all right at this time I would like to recuse myself from agenda item 4B Rez 202 24-18 all right I'm gonna read the motion if somebody wants to make it since I have it all written out here I'm looking for a motion January oh but Donald we have to vote to recuse you first motion okay um I'm gonna read it out since I have it written out here though um looking for a motion to recuse Andy Petty from discussion and action

for zoning map Amendment Holland South Estates LLC 8514 per Road pin 06666 13612 re-20 24-18 so M from bar you making a motion yeah you got yeah he made you I read it out Sor you got to vote you got to take the vote yeah I get the motion second yeah second was the second he didn't make the motion okay I did it backward I had it written out I should just let yall move it all right there's a motion in a second all those in favor and C by voting I I any opposed motion carries all right so next we have public hearing item number 4 b-224 d18 further information will be provided by staff thank you Mr Vice chair good evening board I am submitting the agenda abstract and supporting documents into the official record of the town the second item before you tonight is Rez 20248 a rezoning requested by South Holland Estates LLC at 8514 peroy Road pin number 06666 13612 this resoning is a total of 24.7 Acres from the residential uh agricultural zoning District to the residential medium Den density conditional zoning District the requested zoning district is consistent with the 2040 Community Vision land use plan designation of single family uh sorry single family neighborhood staff recommends approval of of the proposed zoning map Amendment as it is reasonable and in the best interest of the public for the following reasons number one the requested zoning map amendment is consistent with the 2040 Community Vision land use plan for the designation of single family neighborhood number two the requested zoning district is complimentary to the existing uses in the general vicinity of the subject property and the proposed

uses in sight specific conditions effectively manage future development of the site and number three the requested zoning District supports the 204 lup's policy 4.1 manage future growth and development in accordance with the priority infrastructure investment areas map the petitioner is here with us tonight and I am also happy to answer any questions any board members have any questions for staff before we open the public hearing all right there's no questions we'll open the public hearing do we have anybody signed up um we have Don Curry all right come on up good evening Mr chair members of the lenning board my name is Don curry with curry engineering 205 South Fuquay Avenue here in fuqu Verina we appreciate the opportunity to be in front of you today and appreciate your consideration of this res zoning request and thank you for staff's uh presentation um we uh it was very thorough and uh have nothing really to add to it I just wanted to touch on a few points um just to reiterate a couple things um as was mentioned the the proposed resoning uh to rmd is consistent with with lanus plan designation of single family neighborhood or sfn um there are a number of of conditions that are outlined in the resoning so we took a lot of time going through that um pulling th that those conditions together and coordinating them with staff um I just wanted to touch on a couple quick uh quick points with those conditions um number one is that the the conditions do allow for a what we feel is a healthy transition between conventional rmd to the south at Amber Ridge and the r larger lots to the north um that are most of most of which are not in the town um but specifically we have a large lot requirement for all the properties that that are on the north end of this um of this property for this rezoning so that will require 20 a minimum of 20,000 foot Lots on the north

end of this property AB budding the larger ra Lots so we feel like this is a good transition between the conventional rmd to the South and the ra to the north um the other one I I want to to mention is uh that we have a proposed density condition of a maximum of 2.1 units per acre um which is uh far below the standard for rmd standard rmd density could be up to 4.36 units per acre so we're less than half that with the density um and then uh the the final thing is the the list of architectural conditions that we're proposing um we're we want to ensure that these will be high quality homes with consistent quality in these architecture conditions help assure that that's going to happen um we did have a neighborhood meeting um and uh uh via teams online we had about uh 10 people attend the meeting most most of them were from amberidge um topics discussed included wetlands and pond questions Redway connections and widening and just general layout and buffers um we did share kind of a quick snippet with those in attendance of the proposed layout for the subdivision um so they got an idea for what we're what we were looking to do there um I also met with um two individual homeowners on the North End of the property uh separately from from the neighborhood meeting they weren't they weren't able to attend that but I met with them in person and uh explained to them what we were looking to do as well um so uh in in conclusion uh just wanted to say thank you for your consideration of this resoning request we feel it it's it's good for the town it's good for the community um it's appropriate with where it's at and the conditions help make that uh make that so so but I'm I'm glad to answer any questions you might have I have any questions for the petitioner thank you thank you we have anybody else we do not all right is there anybody that would like to speak that did not sign

up yep you can come right on up make sure you say your name and address for the record and then check in with Eva as well yeah my name is Joe busher b u c h e r and I'm on 8401 pway Road and my question is basically just to find out how the access is going to be from peroy Road and how that's going to affect the existing properties to the north and to the East and we typically don't respond we'll listen and then as we disc have discussion once we get back out of closed hearing maybe some of your questions will be okay so you cannot answer anything about the road once we get into the discussion we should be able to answer some questions while staff thank you all right anyone else that would like to speak for or against it all right seeing none we'll close the public hearing and if you can check in up here all right so we'll bring it back to the board are there any questions comments motions concerns can you tell us a little bit about um the process of how access will be determined off a purway road and um whether additional uh Lanes will be needed or turn Lanes or things like that so while this re zoning does not include a site plan the applicant is in the subdivision review process and may be able to provide some feedback regarding their plans and their early subdivision comments go ahead and good be be glad to um the uh the the layout is going to pick up uh himley Road I think it is from Amber Ridge and extend it around and Connect into peroy North of Holland Hills Drive um so there will be one connection to amberidge to the South one connection to peroy and we are working with the town on reviewing the appropriate term lanes and widening on peroy road it would be widened up to

the for the CTP to match the CTP widening program and the RightWay uh acquisition and things like that so um so that's that's the that's the plan right now um it's consistent with Town standards and we're working with staff on those approvals for the widening and the access on perfo so when the town does that when you're approving it I mean you're looking at things like you know how traffic impact how it's going to you know affect the surrounding neighborhoods before the town's given approval for the development right that is correct so in the subdivision review process either a trip generation letter or a traffic impact analysis is required for review as well as all of the requ the standard required improvements of the the street front AG anybody else have anything yeah but that is one thing I noticed about this because there's not any developments that are either stubbed out or or or or even in the CTP for North or um uh to the West I guess that is um that that the only connection would be that one stub out and then over to perfo road somewhere through that property um so there's really no other connectivity that we're going to see there um although they might have to stub out to some of the adjoining properties in some way would that be normally required by the town because they I'm just look at all those the the properties that they have you know to the north there I think that's the north yeah so the applicant would be required to connect to the existing sub to the South and as you mentioned provide their main direct access from peroy Road right additional connection points would be considered um particularly by the town engineer to determine if they are favorable and desirable for those adjacent properties right because it looks like all most of the most of the properties that are

around that are ending in CU deex so it's really hard to connect through them but there's a whole bunch of either undeveloped or semi-developed properties um that might need a sub a St out on it to ensure that there's some Connection in the future especially because they go up to they connect between Holland Road and that property so you know I'm sure that that's something that the you know the petitioner will probably look at as well as the uh the town when we get to that point we're just not there yet all right any other questions or comments or entertain a motion a question where did we close the public hearing we did okay I Y that was me I missed it it's quick I'll give a motion to recommend approval for Rez 224-18 a zoning map of Amendment for 8514 p p Road from the residential agriculture zoning District to the residential medium density conditional zoning District as it as reasonable and in the best interest of the public for reasons identified by staff all right there's a motion second from Jay all right all those in favor and get by saying I I any oppos motion carries hand it back to Mr chairman thank you sir uh at this time we move on to public hearing item 4C RZ 202 4-20 further information provided by staff all righty thank you Mr chair once again I am submitting the agenda abstract and supporting documents into the official record of the town the third item before you tonight is Rez 202 420 a resoning requested by the mckin property group at 1900 1924 North Broad Street and zero Dickens Road pins 0 65777 2966 06577 74574 and

0657 7774 63 this resoning is a total of 10.18 Acres from the neighborhood mixed use and urban mixed use zoning districts to The General commercial conditional zoning District there's also a land use plan Amendment request included with this resoning from the Suburban commercial and Industrial classifications to only the Suburban commercial classification staff's recommendation is as follows staff recommends approval of the proposed Zone map Amendment and corresponding land use plan Amendment as they are reasonable and in the best interest of the public for the following reasons number one the requested zoning map amendment is not consistent with the 20 240 Community Vision landuse plan classification of suburban commercial and Industrial but the petitioner has opted to request a change of the Landes plan to Suburban commercial only which is compatible with the Zone with the proposed zoning change number two the requested zoning District supports the lup's policy 2.1 encourage infield development and red velopment inside town limits number three the requested zoning District supports the lup's policy 2.6 encourage commercial development number four the requested zoning District supports the lup's policy 4.1 manage future growth and development in accordance with the priority infrastructure investment areas map and number five the proposed conditions offered as part of the petition align with the goals of the 2040 land use plan and effectively plan for future development potential of the site I am happy to answer any question questions all right you any questions for staff uh just one clarification question for everybody on the board so it does look like there's only just a small piece of this that's actually out of the land use character plan correct everybody sees that on their map just the strip on just to make sure we all saw that cuz right if you just listen to it and then watch look at the land use map you get a little bit gets a little bit wacky all right there's no questions for staff this time we'll open up public hearing even do we have anybody signed up to speak for this um we don't have anybody officially sorry I didn't sign up but I'll sign up afterwards if you

could just state your name and address uh good evening uh Beth Blackman with Timmons group 5410 Trinity Road swe 102 Raleigh um I'm here this evening alongside Kyle Greer the applicant and property owner Representatives we would like to express our gratitude working with staff um collaborating on this um you may recall for some of y'all who were here um maybe five six years ago we did this as East abroad so this property was East abroad which was going to be a mixed juice development kind of uh in collabor a little bit with the property behind it on Dickens Road and it was supposed to be like a larger mixed juice development well that parcel is remaining as industrial and the town has adopted a new land use plan which kind of is more geared towards this being Suburban commercial and as Mr Petty pointed out only a very small sliver is Industrial in fact when I submitted the application the first time I was like oh I don't need a land use plant amendment is like 99% Suburban commercial but I had to submit that part too um so it's just to get that little bit of area that was going to be a shared access originally brought back into compliance and so that the entire development would be Suburban commercial and that is what aligns with the land use plan for this area is you're looking at uh retail that serves the general public the nearby residents and The Travelers on Broad Street and so we have reduced the list of permitted uses um the area subject to the highway Corridor overlay uh but we still restricted some of those uses just in in case the highway Corridor overlay changed in the future so even though they wouldn't be allowed now technically we went ahead and included them on our prohibited uses list um held a neighborhood meeting on January the 8th we did not have any attendees as was pointed out in some of the earlier cases the notification list can be kind of small um so we did not have any anyone reach out to us um before after the meeting and so KY Greer is also here he was going to share a few thoughts but we

are available if if youall have any questions all right anybody got any questions from Beth all right than thank you and if you could state your name in that sorry I didn't sign in good evening I'm Kyle Greer with mum Property Group and we're the applicant um of this property uh I think Beth and uh staff summed it up well you know we're just trying to get this is zoning kind of more appropriate for the uses that demand kind of being on a really busy road like that so uh this is property that's been held uh our our company represents a family office this property was the original Homestead of that family um so it's something that's been in their family over a hundred years and something that we intend to keep in the family and just develop in a high quality manner so if you have any questions uh here to answer them otherwise thank you for your consideration all right even we got anybody else we do all right there's anybody else out there that did not sign up that want just to speak in favor or opposition feel free to come on up all right seeing none we're going to close the public hearing bring it back to the board for questions and uh conversation I'm going to make a quick comment it's um you know the town has worked really hard to make these um you know uh you know the the I see umu and mnmu and I'm like oh yeah we can we are gonna do these things and we haven't been able to not as often or as as well as we'd like um and I don't know whether it's something that we as a town are you know maybe not giving enough incentive to complete these these uh these these items or whether like in this case obviously it was you know there was a a change in how part of the plan went so that that really overflowed into this one um but still it would have been really cool to see you know Urban mixed

use and neighborhood mixed use you know on uh you know on Broad Street um that it would have been a nice thing to see and and and so I just have to say that you know um those uh kind of form-based development uh options that we've had out there for quite some time um you know some of them have come to fruition uh other ones haven't and uh it's it's something that we should probably think about as a town to say you know is there there a way you know and I know we we've actually made some updates to both to the form base but also in some of our um kind of strategy and Direction with with trying to get the right kind of development to come in uh that's going to be especially the stuff that's closer to down the downtowns um to be you know essentially better uh better for uh a downtown type of community versus a Suburban type of community but you know obviously this is kind of so that's that's just my comment on this yeah I think the other thing you consider there is nowhere umu or NMU anymore so you know we've replaced those and we have new new Tools in our tool box now this one's a little bit little but again it doesn't even with that it's still not you know this this uh this use is not falling in with those right I think the other problem you have here is I mean this is on the highway Corridor overlay District which is a real big point of point for our town to to develop it and get that tax base in here if we do things that are the the form base does make things a little more difficult from a development perspective to get those uses in there so um well I get what you're saying I think I I kind of like the idea of the of going to to a commercial on the on a on where we want commercial to be yeah but that being said more discussion questions motion to recommend approval of Rez 202 24-20 a zoning math Amendment for 1 19 and 1 1924 North Broad Street and zero Dickens

Road from neighborhood mxu zoning District to or and sorry not to and the urban mix use zoning District to The General commercial zoning district and the corresponding land use plan Amendment from the Suburban commercial and Industrial classification to the Suburban commercial classification as as it is reasonable and in the best interest of the public for the reasons identified by the staff second all right we have a motion in a second before we vote any any final questions or everybody understands what we're voting on all right all in favor I I all opposed motion carries all right we are now done with our public hearings and we will move to the planning staff report item 6A planning staff report the purpose of this agenda item is to receive information on the desposition of the planning board's recommendation to the town of Commissioners since the January 14th 2025 PL War meeting any questions or anything on that for staff no all right well Barbara it is your time to shine motion to adjourn second we have a motion in a second all in favor I I we're