Durham City Council Meeting – November 1, 2021

The Durham City Council met virtually on Monday, November 1, 2021, at 7:00 p.m. for a regular meeting. The meeting lasted until approximately 12:45 a.m. on November 2. Key actions included approving a consent agenda of routine items, conducting public hearings on a voluntary annexation and three zoning map changes, and voting on two rezonings. The council voted to continue the first rezoning (Griffin Place) to January 3, 2022, for additional proffers, approved the second (Bethpage Office II) unanimously, and approved the contentious Latta Park project on a 6–1 vote.

Consent Calendar

• Approved the City Council minutes for September 7, 2021.
• Appointed David Paletta to the Board of Adjustment (term ending June 30, 2024).
• Appointed Tonia McRae to the Durham Open Space & Trails Commission (term expiring June 30, 2023).
• Reappointed Dr. Stelfanie Williams to the GoTriangle Board of Trustees (term til November 30, 2025).
• Appointed Easmond Codjoe to the Racial Equity Commission (term expiring November 1, 2024).
• Received the Community Development Procurement Process Performance Audit September 2021.
• Confirmed Jennifer M. Williams (term til June 30, 2022) and S. Elizabeth Leithbach (term til June 30, 2023) to the Civilian Police Review Board.
• Authorized an amended construction-to-permanent loan agreement with CASA for Bryan Place Apartments (2702 N. Duke St.) for up to $2,198,821.
• Approved contract increase with Reinvestment Partners for rehabilitation of 2816 Ross Road: additional $3,670,803 (total $6,019,073); $2,680,947 from Dedicated Housing Funds and $989,856 from CDBG.
• Authorized purchase contracts with PMC Commercial Interiors for Water Management Facility furniture (up to $1,375,000 including contingency).
• Approved service/purchase contract with Brady Integrated Security for security system at Water Management Facility ($628,500 including contingency).
• Received Source Water Risk and Response Plan presentation.
• Received September 2021 Bid Report.
• Approved acquisition of 1.458 acres at 720 Archery Range Road for $135,000 for Lake Michie expansion.
• Authorized contract with Ratio States-NC for Outdoor Aquatics Projects planning (up to $336,930).
• Authorized contract with Browe Construction Company for SW-80 Trails Repair 2021 (up to $3,318,496.25).
• Authorized utility construction agreement with NCDOT for Alston Ave water line improvements (up to $238,403).

Public Comments & Testimony

Item 22 – Griffin Place Annexation/Rezoning

• Proponents: Jared Edens (applicant’s agent) presented the plan for 462 residential units (168 single-family, 294 townhomes) on 82.84 acres. He highlighted traffic improvements including three traffic signals, pedestrian crossings on Ferrell Road and Gear Street connecting to Glenn Elementary, half-mile of 10-foot trail, one mile of 5-foot trail, two dog parks, two tot lots, stormwater ponds designed for the 100-year event, and a $34,000 payment to Durham Public Schools ($500 per student based on 68 estimated new students). He stated homes target first-time buyers and are more affordable.
• Opponents (several speakers): Expressed concerns about traffic on already congested roads (Ferrell, Junction, East Club), lack of sidewalks and bike lanes, school capacity (Glenn Elementary already near capacity), stormwater runoff, density inconsistent with surrounding rural/suburban character, and insufficient infrastructure improvements. Many noted the area is already seeing other new developments (e.g., on Patterson Road, Mineral Springs, E. Club Blvd.) that will compound problems. Some argued the traffic reduction claim (8,800 fewer car trips from current zoning) was misleading because current industrial zoning would produce more trips than proposed residential. Others said the affordable housing contribution was too low (initially $150/unit, later increased to $500/unit).

Item 23 – Bethpage Office II Rezoning

• Proponents: Patrick Biker (Morningstar Law Group) for Tribe Properties explained the site is 24.62 acres currently zoned Industrial Light with Development Plan (IL(D)). Proposal rezone to Office/Institutional with Text-Only Development Plan (OI(D)) as a better fit next to a FedEx facility and adjacent Creekside neighborhood. Kevin Walls (Creekside resident) supported the change as a buffer for the neighborhood.
• No opponents spoke.

Item 24 – Latta Park Rezoning

• Proponents:
  • Jamie Schwedler (Parker Poe) and Austin Williams (Crosland Southeast) presented a mixed-use project on 31 acres: 55,000 sq ft commercial (grocery-anchored) on the western portion (CG(D) zoning) and 200 townhomes (PDR 9.906) on the eastern portion. Key commitments: 5% of townhomes (10 units) affordable at 60% AMI, 1.3-acre public park, 10-foot multi-use path, public art, food truck area, stormwater to 100-year standard, 40 kW solar photovoltaic system, electric car charging, traffic improvements (dual left-turn lanes on Guess Road at Latta, extended turn lane), and a community advisory board. They noted significant community engagement (over 225 online comments, 30+ meetings).
  • Several residents spoke in favor, citing need for housing, modern retail, traffic improvements at the Guess/Latta intersection, and lack of amenities in North Durham.
• Opponents:
  • Megan Gray (with a group of residents) gave a detailed slide presentation arguing the project is inconsistent with the Durham Comprehensive Plan (isolated mid-block commercial, should use existing commercially zoned parcels). She claimed the primary trade area is only to the north, that there are four under-capacity grocery stores within two miles, and that the developer’s website said the project would put a Food Lion out of business (denied by developer). Traffic concerns: Latta Road cannot be widened, traffic would double (but applicant said 17% increase), level of service would drop to D at some points, and intersection improvements would not solve congestion. Environmental: stormwater ponds are outdated technology, increased impervious surface will worsen flooding on the Eno River, citing a June 2020 washout. School safety: Easley Elementary would be directly accessed, increasing danger. Also noted a petition with 539 signatures in opposition. Other opponents (many residents from Lockhaven Hills, Lebanon Circle, etc.) echoed these concerns, adding worries about 18-wheelers on Latta Road, runoff, loss of forest, and property values.
  • Three children (Atticus and Arya Greenstreet) spoke passionately against the project, reading a poem about protecting the Eno.
  • The Eno River Association (Jessica Sheffield) formally opposed the rezoning.

Discussion Items

Item 22 – Griffin Place

• Council members expressed mixed views. Mayor Schewel noted the need for housing but wanted better proffers on affordable housing, buffering, and block length. Councilmember Middleton questioned the design separation of single-family and townhomes. Councilmembers Freelon, Johnson, and Freeman supported holding the public hearing open to get more commitments. Developer Jared Edens agreed to increase the affordable housing contribution from $150/unit to $500/unit (totaling $231,000). Council voted unanimously (7-0) to continue the public hearing to January 3, 2022, leaving the record open.

Item 23 – Bethpage Office II

• Brief discussion: Councilmember Reese noted the site's challenging topography and a power line easement. He agreed the OI zoning is better than the current IL(D). Councilmember Freeman asked about future public notification for administrative site plan approvals; staff mentioned improving online transparency. No further questions. Council voted 7-0 to approve the zoning map change and consistency statement.

Item 24 – Latta Park

• Extensive council discussion after public testimony. Councilmember Freelon asked transportation director Bill Judge if the proposed improvements (dual left-turn lanes) would offset the added traffic. Judge confirmed improvements would help in the AM peak but less noticeable in PM peak. Councilmember Middleton asked about affordable housing maximum (developer said 5% is minimum, may do more) and whether units are affordable in perpetuity (staff said 30-year term under UDO). He also asked about potential damage to the Eno River; stormwater engineer Chris Bostick and city stormwater staff Jennifer Buszin stated the project exceeds ordinance requirements with 100-year detention and additional bioretention, and that impervious area would be 65% (below the 70% watershed maximum). Councilmembers Reese, Johnson, Freelon, and Caballero expressed support, emphasizing the need for housing, the strength of commitments (especially affordable housing), and that some development on this site is inevitable. Councilmember Freeman voted against the final motions, stating concerns about traffic and environmental impacts.

Key Outcomes

• Item 22 (Griffin Place): Public hearing continued to January 3, 2022; developer to return with improved proffers. Unanimous vote.
• Item 23 (Bethpage Office II): Approved unanimously (7-0). Motion 1 (zoning map change) and Motion 2 (consistency statement) passed.
• Item 24 (Latta Park): Motion 1 (zoning map change IL(D) to CG(D) and PDR 9.906) passed 6-1 (Freeman no). Motion 2 (consistency statement) passed 6-1 (Freeman no).