Durham City Council Meeting – October 17, 2022

The Durham City Council met on Monday, October 17, 2022, at 7:18 p.m. (delayed due to a power failure) and adjourned at 11:38 p.m. The meeting included ceremonial proclamations, recognition of an affordable housing award, announcements, a consent agenda, and several public hearings. Key actions included the creation of a downtown social district, approval of two zoning map changes, annexation of the Courtyards at Doc Nichols II development, and referral of the Kemp Road Residential annexation back to staff.

Ceremonial Items

• Hispanic Heritage Month Proclamation (September 15–October 15, 2022) – Presented by the Mayor’s Hispanic Latino Committee. Speakers noted that the Hispanic/Latino/Latinx community makes up 15% of North Carolina’s population.
• 2022 Housing North Carolina Award – Recognized Willard Street Apartments, a mixed-use affordable housing development with 82 units serving residents earning 30%–60% of Area Median Income; 25% of units for those earning below 30% AMI. The City contributed $3.6 million in local housing funds and donated the land. The project was completed on time and within budget during COVID-19.
• National Disability Employment Awareness Month Proclamation (October 2022) – Presented by Dr. Hyman on behalf of the Mayor’s Committee for Persons with Disabilities. Speakers emphasized the city’s commitment to inclusive employment.
• Lead Poisoning Prevention Week Proclamation (October 23–29, 2022) – Presented by Councilwoman Freeman and Lenora Smith of PEACH (Partnership for the Advancement of Children’s Health). PEACH educates low-income contractors of color to reduce lead hazards in pre-1978 housing.

Announcements by Council

• Councilman Hyman highlighted a youth empowerment event at Weaver Street Recreation Center featuring inventor Josh Inward (Cut Buddy).
• Councilwoman Johnson promoted a Workers’ Rights Commission event on October 19 at the People’s Solidarity Hub.
• Councilman Williams discussed a cryptocurrency financial literacy summit held that day, in partnership with the Durham Chamber of Commerce.
• Mayor Pro Tem Middleton reported on a site visit to Portland, Oregon, to study non-police response to homelessness, and urged residents to prepare for rising homelessness in Durham.
• Councilman Freeman noted the city’s outreach to Raleigh after a mass shooting, and welcomed a delegation of international fellows from the Middle East and North Africa.
• Mayor O’Neill reported on her participation in the Harvard Bloomberg City Lab in Amsterdam, where cryptocurrency education for residents was a key topic.

Consent Agenda

Approved unanimously (all items listed in agenda, including 22 items such as appointments, budget carryovers, grants, contracts, and the Participatory Budgeting Cycle III scope).

Public Comments & Testimony

• Social District (Item 24) – Jackie Wagstaff (resident) expressed concerns about public intoxication, trash, underage drinking, and equity: argued the district should not be limited to downtown and that increased police presence may be needed. No other public comment.
• Courtyards at Doc Nichols II (Item 28) – Eight speakers: applicant Neil Ghosh (Morningstar Law Group) described improvements since a prior denial, including 166 units (up from 133), 33% tree save, elimination of a stream crossing, solar-ready homes, and a $120,000 affordable housing fund contribution. Opponents (Geraldine Carver, Donna Stanback, Beverly Mills, Pam Williams, Lindsay Slater, Heidi Grable, Theresa Stroud) cited traffic, environmental impacts (blasting, mass grading, erosion), strain on EMS/fire services, and inadequate tree buffers. Blasting damage was reported by Beverly Mills, who said her house was shaken on October 17.
• Water Street Closing (Item 29) – Proponent Chris Dripps (Ellerbe Creek Watershed Association) explained the street is a “paper street” with a stream and wetland; closing it will enable a stream restoration project and add to a future greenway park.
• South Alston Avenue (Item 30) – Proponent Jared Edens (Edens Land) proposed 13 acres for multifamily with 5% affordable units (60% AMI). Opponent Tanya Powell (FedEx Ground) raised concerns about noise from 24/7 truck operations (2 a.m.–7 a.m.) and traffic safety on South Alston Avenue; requested a noise study. Edens proffered a 30-foot buffer with 0.8 opacity along South Alston Avenue.
• Kemp Road Residential (Item 31) – Applicant Neil Ghosh requested referral to staff to address fire service capacity concerns. Speakers were not heard as the item was referred back to staff before public hearing concluded.

Discussion Items

• Social District (Item 24) – Council debated equity, enforcement, and logistics. Councilwoman Freeman asked about extending the district to other business districts lacking a DDI (Downtown Durham Inc.). Councilwoman Caballero supported future street closures for transit/pedestrian use. Councilman Williams argued the district simply decriminalizes carrying a drink between establishments and that existing ABC laws remain. The police chief confirmed that open container enforcement is not a priority. The ordinance passed unanimously.
• 4214 Fayetteville Road (Item 27) – Rezoning from RS-20 to OI(D) for adaptive reuse of a single-family home as a real estate office. Approved unanimously.
• Courtyards at Doc Nichols II (Item 28) – Council debated the project’s environmental improvements and density. Councilwoman Caballero and Councilwoman Johnson supported the revised plan. Councilman Williams noted the site is zoned for development and that rejection could lead to a warehouse. The annexation and rezoning motions passed on split votes (4-3 on first two motions, 7-0 on consistency statement).
• Water Street Closing (Item 29) – Councilwoman Freeman noted she usually opposes street closings but supported this one because of the stream. Approved unanimously.
• South Alston Avenue (Item 30) – Councilwoman Caballero asked about sidewalks to Lowe’s Grove Middle School. Edens proffered a 30-foot buffer but did not commit to additional sidewalk. The noise study was not required; the proffer of a 30-foot buffer was accepted. Approved unanimously.
• Kemp Road Residential (Item 31) – Staff reported that the proposed 280-acre development (666 units) would strain fire services; the city lacks a funded fire station in the area. The applicant proffered that the project would be ineligible for site plan approval until funding for Fire Station 19 is identified in the CIP. The council voted 4-3 to refer the item back to staff (motion by Councilwoman Freeman, second by Councilwoman Johnson). Some council members expressed concern about the developer’s investment and the need for infrastructure timing.

Key Outcomes

• Social District Ordinance: Adopted unanimously (7-0). The district will be managed by DDI; no city staff will enforce it. ABC laws remain in effect.
• 4214 Fayetteville Road Zoning Change: Approved (7-0).
• Courtyards at Doc Nichols II Annexation: Motion 1 (annexation) passed 4-3; Motion 2 (zoning) passed 4-3; Motion 3 (consistency) passed 7-0.
• Water Street Closing: Approved (7-0).
• South Alston Avenue Zoning Change: Approved (7-0) with proffer of 30-foot buffer.
• Kemp Road Residential: Referred back to staff by a vote of 4-3. The applicant’s proffer regarding site plan approval tied to CIP funding for a fire station will be considered during further staff review.
• Excused Absence: Councilwoman Freeman’s absence from the October 20 work session was approved unanimously.

Note: The meeting began at 7:18 p.m. and ended at 11:38 p.m. All times are Eastern. The official date is October 17, 2022.