Durham City Council Meeting - November 7, 2022

The Durham City Council met on Monday, November 7, 2022, at 7:00 PM in City Hall Plaza. The meeting included ceremonial proclamations, consent agenda approvals, public hearings on multiple annexation and zoning cases, and a vote to create a social district. Key decisions included approval of a social district in downtown Durham, approval of three annexations (Leesville Road, Junction and Ferrell, and Wilkinson Estates) and a zoning change for Greater Love Worship Center, while a proposal for a gas station and drive-thru at 1110 Old Oxford Road was continued to February 6, 2023.

Ceremonial Items

• Family Court Awareness Month Proclamation: Councilwoman Freeman presented a proclamation declaring November 2022 as Family Court Awareness Month, read by Mayor O'Neill. Veronica Hatton accepted, highlighting statistics: approximately 58,000 children per year ordered into unsupervised contact with abusive parents, and 873 children murdered by a separating or divorcing parent since 2008.
• Thankfulness Month Proclamation: Mayor O'Neill proclaimed November 2022 as Thankfulness Month, urging residents to extend grace and kindness.
• Lung Cancer Awareness Month Proclamation: Mayor Pro Tem Middleton read a proclamation declaring November 2022 as Lung Cancer Awareness Month. Amber Wei of the American Lung Cancer Screening Initiative spoke virtually, noting that lung cancer is the number one cause of cancer death in Durham and the U.S., with a screening rate of about 5% nationally (8% in North Carolina).

Consent Calendar

• Items Approved Unanimously (7-0): All consent agenda items were adopted in a single vote, including appointments (Nadera A. Salaam to Board of Adjustment, John V. Brown Jr. to Discover Durham, Valon Alford to Citizens Advisory Committee), September 2022 Bid Report, Participatory Budgeting Process Performance Audit, ARPA grant to Ellerbee Creek Watershed Association ($261,631.30), zoning map correction for Dearborn Drive, approval of Cedar Trace Apartments financing (up to $22 million), construction award to Dellinger, Inc. for Celeste Circle Lift Station ($4,836,340 plus contingency), and purchases of four refuse trucks (total $2,136,292.96).
• Item Pulled: Agenda item 14 (Social District) was pulled by Mayor Pro Tem Middleton due to his service on the Downtown Durham Inc. (DDI) board; he recused himself from votes on that item.

Social District (Item 14)

• Mayor Pro Tem Middleton recused himself; Mayor O'Neill presided.
• Three motions passed 6-0 (Middleton abstaining):
  1. Ordinance to amend section 38-21 (alcoholic beverages) to include the social district number and clarify special use permits for alcohol consumption in parks.
  2. Ordinance to amend section 46-149 (open containers) to add an exception for social districts.
  3. Authorization for the City Manager to negotiate and execute an agreement with Downtown Durham Inc. as the city's designee to create and manage a social district.

Public Hearings & Discussion Items

1. Consolidated Annexation – 1110 Old Oxford Road (Item 18)

• Proposal: Annexation and rezoning of 4.49 acres at 1110 Old Oxford Road from Residential Suburban-20 to Commercial General with a Development Plan, for a Family Fair convenience store and drive-thru restaurant.
• Public Comments:
  • Proponents: Patrick Biker (applicant attorney) and several community members spoke in favor, citing need for retail, walkable access to the upcoming Carver Street Assemblage (820 households), and that Family Fair is a Durham-based company. A petition with 19 Spanish-speaking and 45 English-speaking signatures was submitted.
  • Opponents: Over a dozen residents from the Oxford Hamlin community spoke against the proposal, citing concerns about pedestrian safety (lack of sidewalks on Old Oxford and Hamlin roads), traffic, light pollution, low-wage jobs ($11/hour cited), environmental contamination from previous gas station, and desire for community-oriented spaces (sit-down restaurant, park) rather than a gas station and drive-thru. Many noted that the area already has numerous gas stations and fast-food options within a 3-mile radius.
• Discussion: Councilmembers expressed sympathy for the community's desire for better development. Councilmember Caballero noted the developer had not engaged in a co-design process like the Carver Street Assemblage. Councilmember Williams urged a bigger vision. Councilmember Johnson stated the zoning was right but the use was wrong, and there is no shortage of gas stations in Durham.
• Outcome: The public hearing was closed. Council voted 7-0 to remand the case back to staff and continue it to the first meeting in February (February 6, 2023), granting the applicant's request for a 90-day continuance to work with neighbors on modifications.

2. Consolidated Annexation – 5202 Leesville Road (Item 19)

• Proposal: Annexation and rezoning of 22.055 acres at 5202 and 5214 Leesville Road from Residential Rural to Planned Development Residential 5.441 for up to 120 townhouse units. The Planning Commission recommended denial 10-1.
• Public Comments:
  • Proponent: Herman Sperling from Leesville Road Coalition asked for answers to questions on fire, EMS, and police capacity, and definitions of smart development and affordable housing.
  • Opponents: Multiple residents spoke against the density, citing concerns about fire service capacity (Station 17 already strained, cumulative effect of multiple developments, lack of alternate routes), traffic, water supply (reservoir levels low, contamination concerns at Teer Quarry), mass grading and erosion in Triassic Basin soils, blasting impacts, and lack of transit. Pam Andrews noted that Fire Station 17 may have issues servicing the area due to traffic congestion. Donna Steinback and others requested stronger stormwater controls during construction.
• Discussion:
  • Mayor Pro Tem Middleton raised concerns about the language in staff memos regarding cumulative fire impacts, emphasizing that such editorializing could imply policy advocacy. Fire Chief Zoltis explained the cumulative effect analysis.
  • Councilmember Caballero asked about tracking affordable housing proffers; staff acknowledged.
  • Councilmember Williams questioned an alternative to blasting; staff described jackhammering.
  • Councilmember Johnson supported the project, arguing that townhomes are a reasonable middle density for the area, addressing both environmental concerns (stream buffers, impervious surface) and the housing crisis.
  • Councilmember Freeman noted the development lacks transit, parking, and community-oriented design.
• Key Outcomes:
  • Motion 1 (annexation) passed 4-3 (Mayor O'Neill, Freeman, Holsey-Hyman opposed).
  • Motion 2 (zoning) passed 4-3 (same opposed).
  • Motion 3 (consistency statement) passed 6-1 (Holsey-Hyman opposed).
  • Proffers: $20,000 to Durham Public Schools and $40,000 to Affordable Housing Fund, plus road improvements including 110-foot right-of-way for Northern Durham Parkway, widening Leesville Road to three lanes, a bicycle facility, and 100-year storm detention.

3. Consolidated Annexation – Junction and Ferrell (Item 20)

• Proposal: Annexation and direct translational zoning of 9.485 acres at 2306, 2310, 2314 Ferrell Road and 1310 Junction Road from Industrial Light (county) to Industrial Light (city) as a fill-in for an already-approved 221-acre industrial park (Scannell Properties).
• Public Comments:
  • Proponent: Attorney Patrick Biker explained that the 9.5 acres were delayed from the 2021 approval to allow homeowners to relocate. The land will be used for buffer, landscaping, and sidewalks.
  • Opponents: Pam Andrews and Wanda Allen (virtual) cited ongoing issues: trucks getting stuck on railroad tracks, burning of debris without permits (fire department issued a $500 fine), noise, and safety concerns for nearby residents and elementary schools. They noted that the intersection is hazardous and the road is narrow.
• Discussion: Councilmember Freeman asked if the infrastructure improvements are funded by the developer or the city; Biker confirmed private funding via TIA. Councilmember Williams noted the roads are state-owned, and the train track issues predate the development. He stated he would support because it's an extension of an already-approved industrial use.
• Key Outcomes: All three motions passed:
  • Annexation: 5-2 (Mayor O'Neill and Freeman opposed).
  • Zoning ordinance: 6-1 (Mayor O'Neill opposed).
  • Consistency statement: 7-0.

4. Consolidated Annexation – Wilkinson Estates (Item 21)

• Proposal: Annexation and rezoning of 48.42 acres at 1604 Olive Branch Road from Residential Rural to Planned Development Residential 3.885 for up to 185 townhouse units. Planning Commission recommended denial 10-1.
• Public Comments:
  • Proponents: Tim Sivers (applicant) presented commitments: 125-foot perennial stream buffers (exceeding 100-foot requirement), 27% tree preservation, 30% max impervious, 30% open space with dog park, play field, community garden, traffic improvements at Olive Branch/Doc Nichols and Carpenter Pond intersections, $24,000 to Durham Public Schools, and 3% of homes affordable at 80% AMI. Enhanced erosion control measures (150% basins, flocculants, 4-day retention, double silt fence, mass grading limited to 50% of gross area at a time, 10% reduction in post-development runoff for 1-, 2-, and 10-year storms). Blasting required due to topography.
  • Opponents: Many residents opposed, citing cumulative impacts on water quality in Lick Creek (E. coli, turbidity, sedimentation), blasting concerns (homes not tested within 500 feet as required by permit), insufficient road infrastructure, lack of transit, and strain on schools and emergency services. Samantha Kropp (Sound Rivers) reported turbidity levels over seven times legal limits in Lick Creek. Pam Williams requested a 30-foot buffer with 0.8 opacity instead of the proposed 20-foot/0.4 opacity.
• Discussion:
  • Councilmember Caballero noted that many commitments align with potential UDO amendments and that 3% affordable housing is a step in the right direction, but she would vote no hoping for a better proposal.
  • Councilmember Williams asked about density on buildable land (~35 acres, 5.28 units/acre). He supported the project, emphasizing the housing crisis and that many residents cannot afford to engage in the public process.
  • Councilmember Freeman asked staff about considering cumulative impacts on hospitals and schools; staff noted they calculate school-age children generation but suggested further refinement with DPS.
• Key Outcomes:
  • Motion 1 (annexation) passed 5-2 (Mayor O'Neill and Freeman opposed).
  • Motion 2 (zoning) passed 5-2 (same opposed).
  • Motion 3 (consistency statement) passed 7-0.

5. Zoning Map Change – Greater Love Worship Center (Item 22)

• Proposal: Rezoning 1.27 acres at 4700 and 4710 Old Page Road from Office and Institutional to Industrial Light to allow sale to a commercial interior decorator. The property is surrounded by businesses. Future land use map designations are commercial and compact neighborhood; the proposed IL zoning is inconsistent with the plan, but staff did not object.
• Public Comments: Pastor Robert Mason spoke in favor, explaining his church wants to move to the inner city and the buyer is a commercial decorator that does holiday decorations for Southpoint Mall.
• Outcome: Both motions passed unanimously (7-0).

Key Outcomes

• Approved: Social district creation (6-0, Middleton abstaining); annexations/zoning for 5202 Leesville Road, Junction and Ferrell, Wilkinson Estates, and Greater Love Worship Center; all consent agenda items.
• Continued: 1110 Old Oxford Road case remanded to staff and continued to February 6, 2023, for further community engagement and potential redesign.
• Vote Tallies: See individual sections above.
• Directives: City Manager authorized to execute agreements for social district, annexation utility extensions, and purchase contracts; additional affordable housing proffers for Wilkinson Estates (3% at 80% AMI) and school contributions increased from $5,000 to $24,000.
• Next Steps: JCCPC meeting on November 30, 2022, will discuss county presentation on development impacts; staff to provide similar presentation to council in a work session.

Note: The meeting adjourned at 11:41 PM.