Durham City Council Meeting – September 7, 2022: Annexation, Zoning, and Proclamations
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Durham City Council Meeting – September 7, 2022
The Durham City Council met on September 7, 2022 (the meeting was held on September 6, but the official date per instruction is September 7) at 7:00 PM. The meeting included ceremonial proclamations, council announcements, a consent agenda, a celebratory street naming resolution, and two public hearings on annexation and rezoning. After extensive debate, the council approved the 5909 Leesville Road annexation by a 4-3 vote and unanimously approved the East Gear Street residential project. The meeting was adjourned at 10:50 PM.
Ceremonial Items
- Welcoming Week Proclamation: Mayor O’Neill proclaimed September 9–18, 2022 as Welcoming Week in Durham, highlighting that 14.7% of Durham’s population is foreign-born (compared to 13.5% nationally). The proclamation emphasized removing barriers and fostering belonging for all residents, including immigrants.
- National Recovery Month Proclamation: Mayor Pro Tem Middleton read a proclamation declaring September 2022 as National Recovery Month. The Recovery Community of Durham celebrated with an event on September 16 at Durham Central Park.
Consent Calendar
- The consent agenda included appointments to the Affordable Housing Implementation Committee, Environmental Affairs Board, Cultural Advisory Board, Recreation Advisory Commission, the July 2022 bid report, Bull City Tenants United recommendations, grant agreements for Durham Community Land Trustees and Habitat for Humanity, contract renewals for domestic violence and gang reduction prosecution, tax cap fare adjustments, various contract amendments, the 2022 second quarter crime report, and a grant for workforce innovation funds.
- Items #4 (Planning Commission appointment), #9 (street naming resolution), #21 (Fontanelle Street closing), and #22 (Gilbert Street closing) were removed from the consent agenda. Items #21 and #22 were referred back to administration. Item #4 was referred back to the clerk’s office due to re-advertising.
- The consent agenda (as modified) was approved unanimously.
Discussion Items
Item #9: Resolution to Designate Fayetteville Street as Dr. Doc J. Jordan and Carrie Thompson Jordan Highway
- Dolores Hollinger and DeLantre Hollinger, great-niece and great-great-nephew of the Jordans, spoke in support. They detailed the Jordans' civil rights work, including Doc Jordan’s role in defeating the bail bill and his tenure at North Carolina Central University, and Carrie Jordan’s fundraising for schools for African American students.
- Councilmember Williams moved approval; the resolution passed 7-0.
Item #19: Consolidated Annexation – 5909 Leesville Road (330 Townhome Units)
- Staff Report: Brooke Roper presented the request for annexation and rezoning from Residential Rural to Plan Development Residential 3.755 on 87.993 acres. The applicant (Tim Sivers of Horvath Associates) proposed 330 townhomes, increased stream buffers (150 feet), 24% max impervious area, 30% tree preservation, 50% open space, enhanced stormwater treatment (10% reduction in runoff rates for 1-, 2-, and 10-year storms), expanded sediment basins (150% over standard), flocculant use, and 3% of units at 80% AMI for 30 years.
- Public Comments – Proponents: Eight speakers (including the developer, neighbors, and business owners) argued the development would help address the housing shortage, provide affordable units, and included stronger environmental commitments than typical. They emphasized the developer’s track record and the need for growth.
- Public Comments – Opponents: Ten speakers (including residents of Fendal Farms and the Leesville Coalition) raised concerns about mass grading, erosion, sediment runoff into Lick Creek (a state-designated impaired stream), traffic impacts (49,000 additional daily trips estimated), fire station access, school crowding, loss of rural character, and the inadequacy of the affordable housing proffer (only 10 units). They called for smarter, purpose-built development and a cumulative impact study.
- Council Discussion: Councilmembers debated environmental impacts, housing needs, and the developer’s commitments. The developer offered an additional commitment to limit mass grading to 50% of the gross land area at one time, increase the street yard along Leesville Road to 30 feet, and dedicate up to 25 feet of right-of-way. Planning director Sarah Young noted that modern stormwater requirements necessitate mass grading. Councilmember Johnson and Mayor O’Neill expressed concerns about cumulative effects and environmental justice; Mayor O’Neill stated she could not vote yes due to insufficient due diligence.
- Key Outcomes:
- Motion 1 (annexation and utility extension agreement): Passed 4-3.
- Motion 2 (zoning change to PDR 3.755): Passed 4-3.
- Motion 3 (consistency statement): Passed 7-0.
Item #20: Consolidated Annexation – East Gear Street Residential (90 Affordable/Workforce Units)
- Staff Report: Brooke Roper presented the request for annexation and rezoning to Residential Suburban Multifamily for 0.236 acres (part of a larger 7.179-acre site). The applicant (Leah Bergman of East Gear Street Ventures LLC) proposed 90 multifamily units with at least 25% affordable at 60% AMI, and an aspiration to achieve 100% affordability if awarded 9% low-income housing tax credits. The property is on a bus route, close to a Walmart and schools. The Planning Commission recommended approval 10-0.
- Public Comments: Two proponents (Dan Jewell and Leah Bergman) spoke, highlighting the need for workforce housing and the developer’s experience. No opponents spoke.
- Council Discussion: Councilmembers supported the project but debated the use of 9% tax credits. Councilmember Johnson expressed concern about competition with Durham Housing Authority’s plans but later confirmed DHA was not applying for January 2022 credits. The developer committed to working with the city. The zoning commitment codified 25% affordability.
- Key Outcomes:
- Motion 1 (annexation and utility extension agreement with Southern Repair Service LLC): Passed unanimously.
- Motion 2 (zoning change to RSM with development plan): Passed unanimously.
- Motion 3 (consistency statement): Passed unanimously.
Key Outcomes
- Ceremonial proclamations adopted.
- Street naming resolution for Dr. Doc J. Jordan and Carrie Thompson Jordan Highway approved 7-0.
- 5909 Leesville Road annexation and rezoning approved 4-3 after developer added commitments on mass grading, street yard, and right-of-way.
- East Gear Street residential annexation and rezoning approved unanimously with a commitment to at least 25% affordable units at 60% AMI.
- Items #21 and #22 (street closings) referred back to planning department; Item #4 (Planning Commission appointment) referred back to clerk.
Meeting Transcript
One minute to air, the live stream has started. One minute to air, the live stream has started. Thirty seconds, the city of the city, good evening and welcome, welcome Durham, North Carolina, to our City Council meeting here in City Hall on this Tuesday, September the sixth, twenty twenty-two at seven PM. We'd like to welcome those of you all who are here and joined us in person as well as those who have uh joined us uh virtually. I will now ask that we pause recording in progress for a moment of silence. Do I need to repeat all of that? All right. Thank you so much. We now ask our uh colleague uh councilwoman Diderana Freeman to lead us in the Pledge of Allegiance. Thank you, Madam Mayor. One nation, one God. Tonight I just like to wish our well wishes to our uh city clerk, Diana Schreiber, who's out sick today. Um, but we do have uh one of her uh one of her deputy clerks who's in here with us today, and I'm gonna ask her to briefly introduce herself and then Madam Clerk, would you call the roll? Um good evening, Mayor, thank you. I'm Ashley Wyatt, Deputy City Clerk, and I will call the role. Mayor O'Neill. Mayor Pro Tim Middleton. I'm here. Councilmember Caballero. Here. Councilmember Freeman. Present. Councilmember Holsey Hyman. Present. Councilmember Johnson. Here. Council Member Williams. I am here. Thank you. Thank you so much. At this time we'll turn our attention to our ceremonial items. We have two. The first will be a proclamation that I will be reading, the welcoming week proclamation, and then we will have that followed by um a proclamation regarding the National Recovery Month, and that will be read by Mayor Pro Tim Mark Anthony. I'm increasingly honored to serve as the mayor of the city of Durham, especially when I see actions to make our city a more equitable place to live. Today, we can proclaim welcoming week in Durham. This is our first ever proclamation to affirmatively and intentionally recognize this annual week of welcoming and celebrating our farm-born residents. Whether you were born in the United States of America or farm-born, I want you to feel welcome here in Durham. Moreover, we want to embrace you so that you have a sense of belonging. Our staff is working on various events for Welcoming Week, which we'll promote through our outreach, engagement, and social media platforms. Staff is also working on completion of the welcoming standard so that Durham can be formally certified as a welcoming city. Completing the seven-pronged comprehensive welcoming standard will take a lot of work and dedication. But this journey will ensure that immigrants and farm-born Durham residents are number one, able to fully participate in civic life, number two, have opportunities and spaces to have constructive governmental and institutional interactions. Number three, can participate fully in the city's workforce and economic development infrastructure. Number four, can matriculate in education systems, five, have equitable service through our housing, health, transportation, financial and justice systems. Six, participate in government and community leadership, and seven have effective bidirectional communication between safety services such as fire, police, and other emergency response systems. We know that partners are vital to our equity work. If you are a partner in this work, we ask that you stand or come forward as we read this proclamation. Whereas Welcoming Week was launched in 2012 by Welcoming America as an annual campaign in celebration to showcase the movement of communities striving to be more welcoming places for all, including immigrants, and whereas U.S. census data reflects that 14.7% of the city of Durham's population is farm-born, compared to 13.5% of the nation's population being farm-born. And whereas welcoming week provides individuals and communities the opportunity to proclaim and exercise their welcoming values through events and initiatives that build stronger relationships between native-born and farm-born residents, and whereas the 2022 welcoming week theme is where we belong.
openpublica.com