Regular Meeting

[music]

Hello. Hey. Hey. Good evening. Welcome to the planning and zoning board meeting. Thank you for joining us tonight. I'll [clears throat] call this meeting to order. Our board clerk, Julie Mitchell, will take roll call this evening.

Thank you, chair. For the record, I will

call into the members who are in attendance. We have Sal Camarada, Bosshanna Etton, Chris Johnson, Mike Rosselli, Jeff Monreef, Shan McAdrew, Andy Co, Diane Mayo, and Ken George.

Right. Thank you. So the Kerry community plan will continue to be the guiding document for this board. Our [clears throat] role is to function as citizen adviserss to the council who will ultimately make the final decision on all resoning activities. We recognize that not all resoning requests are supported unanimously by our members of the community. But we strive to balance the impact of increased building density required to support K's growth while maintaining historic charm and character of Kerry. The Kerry community plan was initially adopted in 2017 following a collaborative effort between Kerry citizens and our town government. That collaboration has continued and resulted in a recently updated version of the plan adopted by council in January of 2025. The chapters of the plan include live, work, shop, engage, shape, move, enrich, serve, and act. The community plan can be found on Car's website. Your citizen opinions based on the Kerry community plan document play a very important role in at in advising our leaders. We encourage our citizens to refer to the plan and provide feedback that's based on the guiding principles of the plan as it relates to the specific reasoning request. While this is a public meeting, it is not a public hearing. There's no opportunity for the public to speak during the meeting. If you have comments about any of these items, we encourage you to reach out to staff by email or phone. You may also reach out to our board members through email. You may also contact your council members directly through email or during public speaks out portion of any regularly scheduled council meeting. These meetings may be streamed live on car's website and will be posted to YouTube. All past planning and zoning board meetings are available to view on YouTube.

Let's begin with the adoption of our agenda. Would someone please make a motion to adopt the agenda this evening?

Some moved.

Second. All those in favor? I.

Any opposed? All right, the motion carries. So, we have two uh meeting minutes to approve from our June and our July meetings. Uh I would recommend or accept a motion first for the June 23rd, 2025 meeting.

So moved.

A second.

Second.

All those in favor, please state I.

I.

Any opposed?

All right. We also need to adopt the minutes from our July 28th, 2025 meeting. And I would welcome a motion for that as well.

So moved.

Any second?

Second.

All those in favor state I.

I. Any opposed?

All right. Getting us down to business. Our first case this evening on [clears throat] the agenda is 2507 1412 White Oak Church Road resoning. Miss Rachel Smith, principal planner, will share the staff's presentation. Following the presentation, the applicant will share their remarks. All board members will have an opportunity to ask questions of staff and the applicant. Miss Smith, you may proceed. Thank you. Good evening, board. This is a request for annexation and application of initial town of Kerry zoning for approximately 4.33 acres located at 1412 White Oak Church Road. The property is located east of the American Tobacco Trail and north of the White Oak Elementary School. The park's recreation and cultural resources master plan shows the raft future park site just to the north and a proposed greenway trail to the west of the site connecting to the American Tobacco Trail. White Oak Church Road is a collector adjacent to the property. And the current zoning is Wake County

residential 40 watershed or R40W. The applicant requests resoning to carry residential 12 conditional use or R12CU with the Jordan Lake WHhed Protection Overlay District and the Conservation Residential Overlay District for a maximum of five homes. The proposed zoning conditions include limiting the use to five detached dwellings and associated accessory uses which is approximately 1.15 dwellings per acre. A minimum of 1,200 square ft of community gathering space which is double the LDO requirement for a development of this size. The applicant has also offered pedestrian and roadway improvements which include constructing a greenway or a streetside trail connection to provide non-motorized connectivity to the American Tobacco Trail. frontage improvements along White Oak Church Road, including bicycle accommodations, either in a five- foot lane or in a shared use path to be coordinated at development plan review and a restriction that no individual residential driveways may have direct access to White Oak Church Road, which is a best practice for collector roads. staff has evaluated the request against the imaginary community plan as shown by the blue star. The site is located within the green level special planning area. This special planning area supports a gradual downward transition and density moving west from NC540 towards the Chattam County line with areas west of the flat branch stream not exceeding about 2.5 dwelling units per acre. Additional policy guidance includes shielding developments and a predominant land use of detached dwellings on lot sizes of a quarter acre or more.

The proposed R12 zoning and density of approximately 1.15 dwellings per acre generally meets the policy guidance of the special planning area as well as the live and shape chapters of the Kerry community plan. For live, the proposal will add up to five additional homes in western Kerry with lot sizes and density comparable to a joining development. For shape transitions are provided via the proposed use and density. The applicant's commitment to prohibit individual driveways on White Oak Church Road [clears throat] promotes the move chapter policy of ensuring safety for all users and modes. the offered greenway or streetside trail connection from the site to the American Tobacco Trail as well as the White Oak Church Road frontage improvements which include a bicycle facility may help to promote safe multimodal street designs. When looking at the enriched chapter policies may be partially met by the proposal as the additional gathering space offered, 600 square feet more than the LDO minimum may help to encourage open space preservation. A neighborhood meeting was held in June with two nearby residents in attendance. Their questions and concerns focused on traffic and potential construction impacts. Following the meeting, staff has also engaged with the resident across White Oak Church Road, but has expressed concerns about driveway access given the future roadway widths map shows White Oak Church Road as a planned median divided collector. At the October Town Council public hearing, there were no speakers and one written comment. Uh the written comment described concern with the proposed density and concerns with making a left turn onto White Oak Church Road. Council

comments and questions included clarifications regarding the current Wake County zoning of the property and the concurrent annexation. comments that the applicant was indicating the desired five dwelling units and they may choose to revise the zoning conditions to match and discussion of the LDO requirements for buffers, frontage improvements, and the future roadway classification for White Oak Church Road. Staff's observations in terms of the imaginary community plan are that the proposal may meet several policies for the green level special planning area live and shape chapters. The use of five detached dwellings and density of 1.5 dwelling units per acre aligns with the green level special planning area and generally fits the established residential pattern of the area. and the additional community gathering space offered may help with open space preservation for the engage and move chapters. The commitment to provide a multimodal connection from the American Tobacco Trail will help to promote active recreation and transportation for residents of the site and the area and the restriction on direct driveways on White Oak Church Road may help with access management considerations. This concludes my presentation. Uh Isabelle Maddox, the applicant's representative, is available to provide comments and she is joined by Randy Miller for questions. Following her remarks, I'm available to answer your questions.

Terrific. Thank you, Rachel.

Good evenings, Mr. Chair and members of the planning board. I'm Isabelle Maddox, law firm Nicholson Crarampton. Dress is 3700 Glennwood, Raleigh 27612. Here tonight representing the applicants, White Oak Estates LLC, the

owner of this property. With me tonight are Cervini Riveri, uh, principal of the owner, and uh, Randy Miller, our engineer. Um, that was great presentation. I don't want to belabor any of these points. We are seeking to reszone from R40W to R12CU with the conservation resource overlay and the Jordan Lake overlay. We did at at council's request, we did codify our request for only five units on this property. Um and uh I think we have a good layout. This is sort of an irregular, you know, you see the sort of pointy shape and so it basically has four lots on the bottom with one in that little point of the V. um providing generous buffers all around. Um as was noted, there are several interesting adjacent properties. American Tobacco Trail being the most interesting one and u that's a variable width trail, but about 100 ft wide where adjacent to this site and to that we add a 50- foot buffer. So they've got at least 150 feet there of that corridor. Um, also above White Oak Elementary and the school property already includes some pretty wide buffers around that site. It's it's completely fenced in as well. U, we are providing a 40 foot buffer adjacent to the school. We believe these are ample to to buffer what is really low density single family residential housing. um on on a pure acreage basis on this site um with just under five acres with uh R with RW R40W which is 40,000 square feet per lot we could actually do 5.03 03 um units there. Uh we're proposing five units. Uh and we we think we're providing good buffers to the school and to the American Tobacco. And and you know the path on American Tobacco is 10 at widest it might be as as wide as 15 or 20 feet,

but 10 is the more typical width. So that's you know 150 foot carter for a fairly narrow trail. We do think this meets the vision for the eastern part of green level small area plan. Um and it's you know it's a very I don't know if it's rural but very green area and we think we're going to continue with that tradition here um with generous buffers and you know low density you basically one unit per acre development. Um we are adding greenway and and um road improvements as was noted. um if we you know Randy Miller is here if we have any technical questions or our applicants here as well. So

okay

any questions?

Well we'll find out here in a minute. I appreciate your uh your presentation. So the Kerry community plan is the place to guide the development in Kerry. Uh members as you think about your questions keep in mind how this proposed case fits or does not fit in the community plan. When making a motion it would be helpful to describe how you see your motion impacting [clears throat] the Kerry community plan. for example, with the work shape or live chapters. While this is not a requirement, it would help town council understand how you think this case applies to the plan. Um, do any of the members have any questions?

Okay, we'll start with you, Bashan.

Um, are there any champion trees on the site?

Um, so that will be required at time of development plan to provide that information. There may be.

There may be. Okay, there's nothing right now.

Correct.

That was my question.

Sure. Any other questions?

I have one, Ken.

So, was the um the decision to go from six to five was because you only ever intended five? Is that correct? Um I'd like to get some clarification on this.

That's basically right. I think by the time we were at public hearing, we had decided to go to five. We hadn't put it in a condition yet. Um I think initially

they maybe have been thinking maybe six but decided five would really be more appropriate here.

Is that because of the layout and the Yeah,

that that shape that pie shape right layout

because I was thinking is is that we're trying to there are some denser around it.

Yeah,

way denser around it. And I thought we're trying to provide uh meeting new household needs and more affordability. And I felt like an extra lot would possibly make them more affordable. But if they can't fit them in there, you can't fit them in there.

Well, you know, I think if we made them a little bit smaller, we could get a few more in. And I'm my clients would not be averse to that. But I think with staff's guidance, they were encouraging, you know, probably a little bit lower density. So, that's the direction we went in.

Okay. That's interesting. Thank you.

Any other questions or comments at this time? Uh if not, we would entertain a motion for 25 1412 White Oak Church Road. The motions are provided either on the screen or uh at your um your table here. [clears throat]

I move that the board finds 25 REZ07 is consistent with the comprehensive plan and all other applicable plans for the reasons set forth in the staff report, presentation, and discussion by the planning and zoning board.

Second. Have a second. All right. So, uh I'll just ask you, Sean, any discussion?

No, I mean it it's put together. Um all of the issues were addressed by staff. Um it's consistent with uh the vision of of the town of Carrie plan and you know continued, you know, infill.

Yep. Um, any other comments or

I think as I said before, I think I would have preferred more, you know, one more unit because it still be less dense and those around it and we're trying to provide more affordability. It seems like it's a little opposite of what we we should be doing, but but it it fits the plan. Yeah.

Yeah. I think I read that 2 and a half

units per acre is sort of adjacent density and it would have been one and a half at six here. But uh um so no other um questions or comments then we would go ahead and take a vote. All those in favor please state I.

I. Any opposed?

Motion carries. All right. That moves us on to our second case for the evening. Um and it is 2509 Fairbanks Road Reszoning. Aaron Pucket, principal planner, will share the staff's presentation. [clears throat] Following the presentation, the applicant will share their remarks. All board members will have an opportunity to ask questions of staff and the applicant. And Miss Pucket, you may proceed.

Thank you, chair, and good evening, board. This is a resoning request for approximately 0.45 acres at 1505 Fairbanks Road. The site is on the north side of Fairbanks Road, approximately 375 ft northeast of Chapel Hill Road. The site includes a single detached home. To the south of the subject property, there is an existing office development and the surrounding area otherwise consists of a variety of housing types and lot sizes. To give a bit more locationational context to the site, here you can see the site's location north of Chapel Hill Road. The SB Temple is located to the south and the Parkplace Shopping Center in Morrisville is to the west. The parks recreation and cultural resources master plan does not propose any greenway corridors within or adjacent to the site. There is a proposed streetside trail on the north side of Chapel Hill Road. Fairbanks Road is a collector street adjacent to the site and the nearest transit service is on Chapel Hill Road which is Go Triangle Route 310. Current zoning is residential 20 or R20

and the applicant proposes to reszone to residential 8 conditional use or R8CU. Should the resoning be approved, it would be possible to split the lot into two detached dwelling lots via exempt subdivision. Now, having explained the site characteristics, I do want to take a moment to explain how the subdivision exemption could apply to this site. North Carolina general statutes exempt certain divisions of land from subdivision requirements if they meet parameters related to size and the number of lots created. Due to this site's small size and the number of lots possible under the resoning too, it would likely develop under this state exemption. The reason this is important is that typical site development standards of the LDO would not be required. This includes buffers and streetscapes, rightway dedication, and road and pedestrian improvements. However, dimensional standards of the LDO such as minimum lot size, setbacks, and maximum building height would still apply. In this case, only those development standards which are offered via zoning condition would apply if the site is reszoned and develops under this exemption. Zoning conditions include limiting development of the site to two lots for detached dwellings, ride-of-way dedication and frontage improvements, including sidewalk along Fairbanks Road, and providing twocar garages for each unit with garages to be wired for future electric vehicle charging. An analysis against the Imagine Carry community plan finds that policies in the live, shape, move, and enrich chapters apply. In regards to live, the proposed resoning would redevelop an existing residential lot located between existing office uses and detached residential lots with two lots for detached dwellings. Regarding the shape chapter, the anticipated exempt subdivision will not incur LDO requirements for streetscape or buffers, and the applicant has not

offered buffers via conditions. This makes full consistency with the shape guidance on development appearance and quality somewhat challenging. Although the impacts would primarily affect only the two residential lots that could be developed under this resoning, the move chapter policies appear to be generally met as the applicant has included zoning conditions to provide right-of-way dedication and frontage improvements and sidewalk construction on Fairbanks Road. And regarding the enriched chapter, the zoning condition for EV charging wiring in the garages of both dwellings may help to promote policies for energy efficiency and sustainable energy. The future growth framework designates the site with the traditional neighborhood development category which supports a modest mix of housing types including detached residential. A virtual neighborhood meeting was held in July of this year. There were eight attendees with questions and comments regarding the potential size and appearance of the future dwellings. There have not been any calls or emails since the neighborhood meeting. A public hearing was held in September. There was one written comment from a citizen which did not specify support or opposition but simply laid out some questions about the reasonzoning. There was no discussion from council and following the public hearing the applicant made one clarifying addition to conditions to specify the use of the property would be for two lots for detached shelings. To summarize staff's observations, we find the small residential infill site is supported by some live and shape policies as well as the future growth framework designation. The commitment to frontage improvements that would typically be required via development plan but not under an exempt subdivision ensures consistency with move policies. The enriched chapter may be modestly addressed via wiring for future EV charging in the garages. While staff does note that no buffer or streetscape plantings would be required again should the site develop under the state's

subdivision exemption. This concludes my presentation. Glenda Top, the applicant's representative, will provide her comments and then I'm available for questions.

Terrific. Thank you.

Good evening board and members of the planning and zoning board. My name is Glenda Top of Glendes Top and Associates. Staff has done an excellent job explaining the case, so I'll just go over it briefly. The current zoning is R20. We're proposing R8 conditional use. As staff pointed out, we have clarified the zoning condition that we're proposing two single family detached lots with a minimum lot size of 8,000 square feet. The zoning around the property, it's adjacent to office and the residential zoning districts are a combination of R40, R20, and there's a lot of TR conditional use zoning. The Kerry community plan designates the property as a traditional neighborhood which does allow for small and large lot single family detach which we are proposing. Um at the public well at the public hearing there are no comments and also at the neighborhood meeting those that were in attendance were in support of the resoning. Um this is an infill piece of property. Um, this area has seen a lot of development over the last several years and it's starting to redevelop. So, the applicant is looking to take this single lot and divide it into two lots and put two single family homes and also um it helps to revitalize this area along Chapel Hill Road that also has seen a lot of development over the last couple of years and we feel that the proposed use is a good fit for this area. So with that, um, we'll conclude my presentation and answer any questions you have.

All right. Thank you. Um, once again, just keep in mind the carry community plan as you think about questions. Um,

does anyone from the board have any questions about this case?

I do.

Uh, it's a technical question maybe. So, um, is I know there's an empty lot on one of those. Is that the one beside it or the one that's uh, two lots down? is

see if I can pull up the vicinity map. Um I believe there is a home on the adjacent.

Is that right? The adjacent one's empty. Thanks.

Oh, I apologize. Yes, you're right. The intervening one is empty and it's the next one to the north that has a home on it.

Okay. So, my question would be with this this general statute that allows exemption, if these lots are brought individually, they would individually fall in the exam same exemption. Is that correct?

That's correct. They would still need to meet all the dimensional requirements. So, we know in this case it does. I can't speak for any of the other lots. If they're slightly smaller or narrower, they may not.

So, if it were bundled together, we might be a subdivision, but by doing it this way, we can do that. But they're covering the the only thing that I saw that was drawback is that the the buffer, but everything else would be pretty much as the it would be if it were a subdivision except you have the runoff and all the other subdivision requirements we talk about. So,

right.

All right. That that's my question. Thank you.

I I just was curious, do you know would this be two two driveways? Is it too early to tell? I mean, are there any restrictions or would we desire any restrictions with regard to the amount of access to to this particular road?

So, I believe um and transportation may be able to speak further to this, but we believe initially it would be two driveways. We do not anticipate a shared driveway.

Okay.

Um, any other questions from the board?

Is the is it is the existing house being taken out or is it just adding one house? It would have to be taken down if this were I'm sorry, I went to the wrong

final slide there. Um, it it would likely be demolished in order to make the dimensional requirements of those lots work. I apologize for going to the wrong discussion slide there.

I think it's centered there because I've I've been house many times. Our kids knows our kids. Yeah, the Peter skip. Yep.

Erin, [snorts] it says it's going to put in, you know, basically sidewalk. Is it connecting to any or is it just the start?

It does. Fortunately, this one does connect. So, the office development to the south did put in their portion of sidewalk along Fairbanks. So, this will extend it not very far, about 128 ft, but it'll set it up if we do get additional redevelopment in the future.

Thank you.

Any other questions? If not, then I think at this time we would entertain a motion. They're in your on your screen or in your packet there.

I move that the board find case number 2509 is consistent with the comprehensive plan and all other applicable plans for the reasons set forth the staff report presentation and our discussion just now why the planning and zoning board

second.

And we have a second. Any uh comments, Ken?

I think it's a great thing. It's uh for that road. It's going to be probably more to follow, but u certainly to get uh two new homes in there in place of a of an aging an aging home is a great thing.

Andy, any additional

uh very straightforward. I think it supports as the staff outlined in their um comments the live, shape, move, and enrich chapters of the community plan. So, pretty straightforward in in my mind.

Any other comments before we vote? Um then we have a motion and a second. So, all those in favor, please state I.

I.

Any opposed? All right, the motion carries. That brings us to our new business for the evening. Um, we've got some rules of order for the planning and zoning board and an annual work plan. And Miss Pucket, I'll let you guide us through the new business, please.

All right. Thank you, chair. So, you all should have a copy of the rules of order in your packet. All of Car's boards and commissions are in the process of reviewing and adopting their rules of order as well as their work plans. They will then return to council at their December meeting. Um the rules of order are intended to serve as guidelines that will help with the conduction of meetings and business pursuant to policy 150 which regulates boards and commissions within the town of Kerry. And I'm happy to answer any questions.

Um any questions from the board? All right. And I I noticed that we had a third um let's see. So on that uh would someone make a motion to approve the annual work plan?

I need a motion there from someone.

So moved.

Second.

All right. All those in favor, please state I.

I. Any opposed?

All right. And um I noticed that we have an appointment of a vice chair. I may have missed a memo. I thought we had a vice chair, but um we've got the the item here. Um would anyone like to nominate someone for the vice chair?

I'd like to nominate Mike Rosselli.

Second.

All right. So, we've got a motion and a second to validate Mike Rosselli as our our vice chair. Any discussion or further um discussion on that? Otherwise, I would take a motion or a uh a vote. All those in favor

state I. Any opposed?

All right. Um, did I open up a can of worms there? Do we need

No, no, no. I just wanted to provide clarification. It's a new board year, so that's why you're you're you have

Oh, we're in October. We That's right. We had the Okay, gotcha.

We're in We're in a unique situation where we have no new board members this year. So, you all

Okay, that's what was confusing. No fanfare.

It is a new board [laughter] year. So, technically, you have to reappoint the chair.

Awesome.

That's That's what we're That's what you just did. We've got some continuity in in in the uh equation here. Well, then

uh that was that's it for tonight's meeting.

Excuse me, chair.

We we do um we had the rules of order that we voted on, but we also do need to vote on the annual work plan.

I'm sorry. I Yep. I uh I I skipped it over. I think I actually did those out of order. I had us vote for the annual work plan.

So, why don't we go ahead and uh seek a motion for the rules of order as well. That was uh new item, new business item number one. Motion

so moved. Second

and a second. All right. All those in favor, please state I.

I.

Any opposed.

All right. The motion carries.

I do I do have a question about um Sure.

Um so council liaison and staff leazison roles. Are those changing at all in the new board year?

I don't know if we will know about the um council leaison until December. Is that

the election? After the election, they'll have to make their new they'll have no new members for sure because Jack's retiring. So, they'll have to reaffirm all that. So, you guys will you guys will know.

Staff is not changing as far as we know. [laughter]

No pink slips in the mailbox. Okay, that's good.

But we'll let you know should any of those changes happen, we'll we'll obviously announce it at, you know, whatever respective meeting after the changes occur. [snorts]

Perfect. Thank you.

Any other questions before we call the meeting adjourned? Then I would move that the meeting be adjourned. Thank you. Appreciate everyone.

Thank you.