Durham City Council Meeting – August 18, 2022

Note: The meeting transcript indicates the meeting was held on Monday, August 15, 2022, but the provided metadata specifies the date as August 18, 2022. This summary uses the metadata date as instructed.

The meeting was called to order at 7:00 pm in the City Council Chambers. Councilmember Johnson was granted an excused absence (unanimous). The council recognized graduates of a Neighborhood Improvement Services and North Carolina Central University community partner development course. Councilmembers made announcements regarding National Black Business Month, back‑to‑school safety, and an upcoming housing retreat. The consent agenda was approved unanimously (6‑0) after a brief procedural issue with item 6 (a speaker card for a resource person was resolved).

Consent Calendar

• Approval of city council minutes
• Federal Aviation Administration Airport Improvement Grant for Raleigh‑Durham International Airport
• Suspension of cost‑of‑living adjustment for the Sister City program (No. 6)
• Ashton Place Apartments additional funding request
• Contract with Urban Ministries of Durham for non‑congregate emergency shelter supportive services
• Contract with Families Moving Forward for rapid rehousing services
• Contract with Housing for New Hope Inc. for rapid rehousing services
• First amendment to loan agreement with JJ Henderson Seniors LLC for Durham Housing Authority JJ Henderson Seniors Apartments Phase 1A
• Hardy Street Apartments additional funding request
• Amendment No. 2 to Parkwood area lift station consolidation professional engineering services contract
• Award of construction to JF Wilkerson Contracting Co. Inc. for Lakewood Avenue Sewer Replacement Project
• Amendments to USMS Fugitive Apprehension Task Force MOUs (Grant Project Ordinances No. 15834 and No. 15977)
• Contract with ESO Solutions Inc. for records management system
• Resolution supporting safe and protective measures to foster healthy learning environments in Durham schools (Item 27)

Public Hearings & Testimony

Item 21 – Harriet’s Place No. 2 (Zoning Amendment)
Staff presented the request to amend the development plan to relocate an elevator tower to the rear of the building (to meet historic preservation standards) and increase impervious surface. The applicant (Howard Partner, Reinvestment Partners) and developer (Peter Skillern) answered questions about the project’s affordability (15 studio apartments, low‑income housing) and historic designation. No public speakers opposed. Councilmember Freeman expressed support but raised concerns about a related Reinvestment Partners property on Fayetteville Street. The public hearing was closed and the item was approved unanimously (6‑0 on both motions).

Item 22 – Consolidated Annexation: Courtyards at Farrington Road
Staff reported the request to annex 21.14 acres, allow up to 67 single‑family dwellings, change the future land use and tier maps, and rezone to Planned Development Residential 3.785. The Planning Commission recommended approval (9‑5). The applicant (Neil Ghosh, Morningstar Law Group) noted the site’s odd tier split, proximity to I‑40, and commitments to preserve a Civil War trail sign and partner with the state on the Walter Curtis Hudson Farm. No public speakers appeared. Councilmember Freeman voted no on all motions, citing infrastructure and environmental concerns. The council approved the annexation (5‑1), the future land use/tier change (4‑2), the zoning (4‑2), and the consistency statement (4‑2). Councilmembers Caballero and Freeman voted against the land use and zoning motions.

Item 23 – Consolidated Annexation: Griffin Residential Tract
Staff presented the request to annex 117.7 acres, rezone to Planned Development Residential 3.753, and allow up to 380 single‑family and townhouse units. The Planning Commission voted 0‑14 to recommend disapproval. The applicant proffered $33,000 to Durham Public Schools and $80,000 to the city’s affordable housing fund, and later committed to three townhouse units as affordable housing under the UDO definition. Multiple public speakers testified:

Proponents (3 speakers):

• Feng Xing Li (4903 Leesville Road) supported the project, citing housing shortage, traffic improvements, and environmental commitments (e.g., $2 million contribution to the Southeast Regional Lift Station).
• Anthony Catalano (representing Hoffman Carolina) supported the project as a needed residential development and infrastructure investment.
• Neil Ghosh (applicant’s attorney) emphasized the project’s tree save (25%), stormwater management (100‑year storm), and open space.

Opponents (4 speakers):

• Rebecca Freeman (Southview Road, Preserve Durham) opposed the density, environmental impact on Lick Creek, and strain on infrastructure.
• Donna Stanback (4825 Jimmy Rogers Road) opposed the plan, citing sedimentation, impervious surface, and inadequate buffer zones.
• Pam Williams (2130 Adventure Trail) questioned the traffic study (based on 2018 counts) and requested updated cumulative traffic analysis for Southeast Durham.
• Pamela Andrews (6108 Wait Forest Highway) displayed a map of “tomato soup” runoff, expressed concerns about toxic algae killing dogs, and urged reduced density and mass grading limits.

The council deliberated extensively on environmental concerns, traffic, and affordability. Councilmember Freeman and Councilmember Holsey‑Hyman voted no on the first motion (annexation), citing the need for more data on water quality and cumulative impacts. Councilmember Caballero also voted no. The first motion (annexation) failed on a 3‑3 tie. Since annexation failed, the subsequent motions (zoning and consistency) were not considered. The project was not approved.

Key Outcomes

• Item 21 (Harriet’s Place): Approved unanimously. Motions: 1) Adopt zoning ordinance amendment – 6‑0; 2) Adopt consistency statement – 6‑0.
• Item 22 (Courtyards at Farrington Road): Approved with split votes. Motion 1 (annexation) – 5‑1 (Freeman no); Motion 2 (FLUM/tier change) – 4‑2 (Caballero, Freeman no); Motion 3 (zoning) – 4‑2 (same); Motion 4 (consistency) – 4‑2 (same).
• Item 23 (Griffin Residential Tract): Denied. Motion 1 (annexation) failed 3‑3 (Mayor O’Neill, Holsey‑Hyman, Freeman no; Middleton, Williams, Caballero yes). Subsequent motions not taken up.

The council adjourned at 9:50 pm.