Planning Commission - Regular Meeting

starts up. Absence of um a chair, I am going to call tonight's planning board January 13, 2026 planning board meeting. Um we're going to call it to order. We have a quorum tonight. Um, if we can all stand for the pledge of allegiance.

I pledge algiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. So, since Chair Brett Johnson's unable to attend and no vice chair has been elected yet, I'm going to move item 5A to the beginning of the meeting so our new members um can be sworn in. Um before we ask them to assemble at the podium, I'd like to introduce them to you all. Um Nanda Brown joins us. Um he joins the planning board as a retired business planner. Um and Tommy Pate um joins us after previously serving on the Apex planning board. He brings development related experience to the planning board as a traffic engineer. So we welcome both of you. Um so if you can both come down to the podium, face the board and then Eva will administer the oath. [snorts] Thank you. If you'll please raise your right hand and repeat after me. I in your name

do solemnly swear that I will support and maintain the Constitution and laws of the United States and laws of the United States and the Constitution and laws of North Carolina. not inconsistent therewith not and that I will faithfully discharge the duties of my office my office as member as member of the town of Uquwayina planning department

so help me God thank you may have a seat Congratulations [clears throat] and welcome. Thank you. Thank you.

I would also like to um acknowledge our returning planning board members and thank them for being willing to serve their community for another term. Nolan Perry and Brent Johnson were reappointed for their second term as in town members. Barbara Marcion was reappointed by Wake County to serve her fourth term as an ET ETJ representative and Jeff Stevens was promoted from alternate to an in town member. So, thank you very much. Um, since no vice chair has been elected, we do need the board tonight to select an interim chair per the planning board bylaws to be the chair for the remainder of tonight's meeting. Um, I believe we have a volunteer

a volunteer. Um, so the motion would be to appoint Nolan Perry to be the acting chair for the January 13, 2026 planning board meeting. Second. Have a vote. All in favor? I. Any opposed? All right. Thank you, Nolan. [clears throat] All right. So, we're going to move jump ahead in the agenda and move to item 5B. The purpose of this agenda item is to table the nomination and election of the planning board member to serve as vice chair to the next scheduled planning board meeting. Is there a motion? So move. Is there? There's a second. All in favor?

Any opposed? Motion carries. All right. Back on the agenda. So item 2A, approval of the minutes. Uh the purpose of this agenda item is to consider the approval of the minutes from the planning board meeting on December 15, 2025. Has everyone had a chance to review the minutes? Are there any changes, corrections, motions? Made they be approved as written. There's a motion. Second. And there's a second. All right. All in favor?

Any opposed? Motion carries. [clears throat] All right. Now, we'll get into the public hearing section. Public hearings are a time for petitioners to present requests and for the public to state their concerns and voice opinions in favor of or in opposition to these requests. If you intend to speak, please make sure that you have signed in on the public hearing signin sheet at the podium. Please clearly state your name, address, and whether you are for or against the request for the record. Please limit your comments to only three minutes in order for all that wish to speak can be heard in a timely manner. Uh, first up we have item 4A, REZ2025-09. Further information will be provided by staff. All right. Thank you, Mr. Interum Chair. Good evening, board. I am submitting the agenda abstract and supporting documents into the official record of the town. The first item before you tonight is RAZ 20250. It's a reasonzoning requested by Blake Massingill of Massingale Design Build at 5800 Johnson Pond Road. It's pin number 0678425427. This resoning is a total of 8.51 acres from the residential agricultural zoning district to the residential medium density conditional zoning district. Staff recommends approval 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 classification of single family neighborhood. Number two, the requested zoning district supports the land use plan policy 7.1, establish a discernable neighborhood structure. And number three, the proposed conditions offered as part of the petition align with the goals of the 2040 land use plan and effectively plan [clears throat] for the site's future development potential. Um, the petitioner is here tonight and I am

also available to answer any questions. Does anybody have any questions for staff before we open the public hearing? Thank you. All right, thank you. All right, we'll open the public hearing at this time. Eva, do we have anybody signed up? Um, we have the petitioner. Yes, the petitioner Andy Petty and then Wayne Malden if they so choose to speak.

Good evening, Mr. Chair, planning board members. We're being on this side of the aisle. Uh Andy Petty, 205 South Fugway Avenue, Fugquway Bina. Um this one's pretty straightforward. Um but I'm happy to answer any questions you you guys have. Um I'd say the only thing of note for this one is that you see some of the lots behind this and around it that are a little bit smaller, but they're still an RA. Part of the reason for that is that there's a sewer line that was installed by Aqua um years ago that they're served off of. So while they're in RA, they're not septic lots around us. So that's why we kind of felt like RMD was the appropriate zoning here because we'll be extending sewer and water in. So um that's kind of the only unique thing about this one. But if there's any questions, I'm happy to answer them. Anybody have questions for the petitioner? Thanks, Andy.

Thanks, Eva. Do we have anybody else signed up for this one? We do not. Is there anyone that would like to speak who did not get a chance to sign up for the meeting? All right. At this time, we'll close the public hearing and bring it back to the board. Um, are there any questions or comments before we entertain a motion?

And if not, is there a motion? I'll make a motion to recommend approval of rec 2025-09, a zoning map amendment for 5800 Johnson Pond Road from the residential agriculture zoning district to the residential medium density conditional zoning district as it is reasonable and in the best interest of the public for the reasons identified by staff. It's a motion. Is there a second? Second. All right. All those in favor? I. Any opposed? Motion carries. I think we made it too easy for Andy. should have made it a lot more difficult for his first one on that side of the room. All right, we'll move into item 4B, RAZ-20225-15. Further information will be provided by staff.

Thank you again, Mr. Interim Chair. I am also submitting this agenda abstract and its supporting documents into the official record of the town. Second item before you tonight is RAZ 202515. history zoning requested by Wayne Malden of Maltton Watkins Surveying, PA at 2228 North Main Street, pin number 0677556603. The reasonzoning is a total of 1.442 acres from the office and institutional zoning district to the general commercial conditional zoning district. Staff recommends approval 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 classification of suburban commercial. Number two, the requested zoning district supports the LUP's policy 2.6, encourage commercial development. Number three, 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 four, the proposed conditions offered as part of the petition align with the goals of the 2040 land use plan and effectively plan for the site's future development potential. Um, our petitioner is here tonight and I am also available to answer any questions.

Does anybody have questions for staff before we open the public hearing? All right. All right. Thank you. All right. We'll open the public hearing. Eva, do we have anybody signed up? Um, the petitioner, Wayne Malden.

All right, come on up. Good evening, chairman, board members. Wayne Molden with Molden walking surveying at 139 North Main Street. And uh we put this petition together for Matt and his wife here you're looking at tonight. Uh basically is coming about. They are here by the way on the front row. Uh moving their insurance business. They bought the old Catalon building out on 401. And Matt does the rustic relics is the name of the And what they want to do is in the basement they're going to have like a little antique shop. That's one of their hobbies. And we could not have two different uses in the zoning that it was. So that's why we're [snorts] here to reszone tonight so that they can have two different uses in the same building.

Any have any questions? I'll be glad to try to answer. Any questions for the petitioner? Thank you. All right. Thank you, Eva. Anybody else signed up? We do not. All right. Is there anyone who would like to speak that did not get the chance to sign up? All right. Seeing none, at this time, we'll close the public hearing and bring it back to the board. Are there any questions, comments, motions?

No questions. So, I'll make a motion to recommend approval of rez 2025-15, a zoning map amendment for 2228 North Main Street from the OI zoning district to the general commercial zoning district as is reasonable and in the best interest of the public for the reasons identified by staff. We have a motion. Is there a second? Second. All right. All those in favor? I.

Any opposed? All right. Motion carries. All right. We'll move on to other business. Item 5C, minor subdivision plat flag lot residential land services 10117 Chambers Road sub-mn2025-15. Further information will be provided by staff. Not the same staff though. Good evening, Mr. Chair, members of the board. [clears throat] I would like to enter the agenda abstract and all the supporting documents into the official record of the town for this one as well. Um, as the chair has explained, this is a proposed minor subdivision plat at 10117 Chambers Road. Um, a file number subdivision or SUB-MN2025-15. Uh the term flag lot is defined as an irregularly shaped lot existing or created by a subdivision where the buildable portion of the lot is connected to its street frontage by an arm of the lot that does not meet the minimum lot width and street frontage standards specified for the zoning district in which the flag lot is located. So this requested irregular shaped lot or flag lot is being created in order to facilitate a minor subdivision of the property into two lots that otherwise meet all other minimum area and dimension standards except for the minimum lot width at the property frontage. Um I won't go into all the little subdetails of all the criteria it needs to meet unless you have specific questions about those. I'll be happy to answer them.

So it was it's a was it a flag lot before this request? No, ma'am. It was not a flag lot before. Um the red outline as shown on your screen now um is the what we would call the parent parcel. Um and then if if you go back to the um the new lot they're carving out is new lot B. Okay. Um as shown on the screen. And so that lot meets the lot frontage requirements for the RA zoning district which it's in. Um but that arm that extends above it to what what will connect the existing residential driveway will actually be below the the minimum lot width at the right of way. Um and so that's the flag lot that's being created. Okay.

So any other questions for staff or motions? Move to recommend approval of the proposed flag lot located at 10117 Chambers Road as presented and recommended. There's a motion. Is there a second? Second. All right. All those in favor? Any opposed? Motion carries.

All right. We will move into item 6A, the planning staff report. The purpose of this agenda item is to receive information on the disposition of the planning board's recommendations to the town board of commissioners since the December 15th, 2025 planning board meeting. Are there [clears throat] any questions for staff regarding this report or anything you want to add? No, we're good. I don't think so. All right, then Barb, it's your favorite time. Motion to adjurnn. All right. All those in favor? I. Any oppose? All right.