Durham City Council Meeting - December 19, 2022

The Durham City Council met on Monday, December 19, 2022, at 7:00 PM in City Hall Chambers. The meeting included a ceremonial proclamation for Coach K, consent agenda approvals, and three public hearings for annexations and zoning changes. The meeting adjourned at 9:28 PM after a 10-minute break. Due to a voting board malfunction, all votes were conducted by show of hands.

Ceremonial Items

• Mayor Elaine O'Neal proclaimed December 19, 2022, as "Coach K Day" in Durham, honoring retiring Duke basketball coach Mike Krzyzewski. Coach K spoke, expressing love for Durham and highlighting the Emily K Center's work supporting underrepresented students.

Announcements by Council

• Council members celebrated North Carolina Central University's football bowl win, announced plans for a January celebration, and noted the deployment of ShotSpotter technology. Councilmember Johnson reported on a trip to Israel, pledging community conversations. Councilmember Freeman expressed condolences for a community member and noted a police officer's cancer fund.

Consent Calendar

• All consent agenda items were passed unanimously with no items pulled. Included:
  • Approval of minutes from October 17, October 20, November 7, and November 10, 2022 meetings.
  • Appointments to the Durham Planning Commission (Raymond Trapp), Raleigh-Durham Airport Authority (Tammie E. Hall), and Human Relations Commission (Anne Sutkowi-Hemstreet).
  • ARPA subrecipient grants: $1,000,000 to Latino Community Credit Union for Resiliency Fund; $554,042.30 to Community Empowerment Fund for Eviction Assistance; $1,000,000 to Rebuilding Together of the Triangle for Home and Neighborhood Preservation Initiative; $1,000,000 to Durham Community Land Trustees for Homeowner & Homebuyer Initiated Program; $700,000 to Durham Community Land Trustees for Durham Affordable Sustainable Homes.
  • Resolution designating a portion of NC Highway 751 and Cameron Boulevard as "Coach K Highway."
  • Contract with Housing for New Hope, Inc. ($450,000) for landlord engagement services.
  • Hazard Mitigation Grant Program project ordinance ($79,780).
  • Construction contracts for FY23 Unscheduled Pipeline Repairs: J.F. Wilkerson Contracting Company, Inc. (up to $1,043,102.50) and Carolina Civilworks, Inc. (up to $1,001,962.50).
  • Supplemental item: ARPA grant to National Institute of Minority Economic Development ($200,000) for Bridging Business Opportunity and Equity.

Public Hearings & Discussion Items

1. Consolidated Annexation – Stella View (Item 19)

• Public Comments: Seven opponents spoke (Pamela Williams, Donna Steinbach, Tammy Sawaya, Thomas Freeman, Pamela Andrews, Rebecca Freeman, Wanda Allen via Zoom). Concerns included:
  • Environmental impacts: sedimentation, erosion, harm to Lake Creek watershed; high turbidity readings (1,046 NTU vs. drinking water standard of 10) at Ollie Branch; blasting near Spring Valley Elementary; loss of tree canopy; stormwater runoff.
  • Traffic: Sharon Road already at capacity (12,000 ADT in 2019 vs. NCDOT capacity of 12,400); proposed development would add 2,000 trips plus other approved developments (6,000+ additional ADT).
  • Lack of family recreation areas; proposed walking trails insufficient for children.
  • Request for moratorium on development in Southeast Durham until new UDO amendments are passed.
• Applicant (Neil Ghosh, Morningstar Law Group, representing Lennar): Advocated for approval, noting the project has been in process since February 2021. Proposed 230 units (single-family and townhomes) on 62.75 acres. Proffered commitments:
  • 3% of units as affordable housing at 80% AMI for 30 years.
  • Increased minimum townhomes to 100 (from 80) and capped single-family at 40% of total units.
  • School proffer increased to $44,500 (from $15,000) to match $500 per student.
  • 20-foot perimeter buffer with 0.6 opacity (enhanced from 0.4).
  • Double row of silt fencing and use of flocculants in stormwater controls.
  • 100-year stormwater management commitment.
  • Bike lane and greenway improvements, solar PV system, and connection to Spring Valley Elementary (125-foot paved trail).
• Council Discussion:
  • Councilmember Freeman questioned blasting notification and coordination with school; staff noted fire marshal oversight.
  • Councilmember Johnson expressed desire for higher density (more townhomes, fewer single-family); applicant noted maximum 230 units, agreed to 60/40 townhome-to-single-family split.
  • Councilmember Freeman and Mayor Pro Tem Middleton discussed that new UDO amendments would not apply retroactively; Mayor Pro Tem rebutted calls for moratorium, stating it is legally problematic and that the city cannot change rules mid-process.
  • Councilmember Williams noted complexity of timing; the application was filed two years ago.
• Votes: Three motions passed 5-2 (nay votes not specified on record).
  • Motion 1 (Annexation and utility extension): Passed 5-2.
  • Motion 2 (Zoning change to PDR 4.484): Passed 5-2.
  • Motion 3 (Consistency statement): Passed 5-2.

2. Zoning Map Change – 4150 Old Chapel Hill Road (Item 20)

• Public Comments: One proponent (Tim Cybers of Horvath Associates) spoke in favor, noting the site is already developed with legacy commercial zoning and the text-only plan aligns with existing uses. No opponents.
• Council Discussion: Minimal discussion; staff noted consistency with future land use map.
• Votes: Two motions passed unanimously.
  • Motion 1 (Zoning change to Commercial General with text-only development plan): Unanimous.
  • Motion 2 (Consistency statement): Unanimous.

3. Consolidated Annexation – Geer and Junction (Item 21)

• Public Comments: One proponent (Jared Edens, Edens Land Corp.) spoke in favor, highlighting 160 multifamily units with 15% affordable housing (up from 5% using density bonus), proximity to Walmart and employment, and proffered road and sidewalk improvements. One opponent (Jason Bizdoula via Zoom) voiced concerns about infrastructure capacity (roads, schools, emergency services).
• Council Discussion: Staff noted that traffic impact analysis was not required but proffered left-turn lanes and pedestrian improvements; water and sewer capacity sufficient. Councilmember Freeman noted coordination with capital improvement plans. Councilmember Caballero praised the 15% affordability commitment.
• Votes: Three motions passed unanimously.
  • Motion 1 (Annexation and utility extension): Unanimous.
  • Motion 2 (Zoning change to PDR 19.520): Unanimous.
  • Motion 3 (Consistency statement): Unanimous.

Key Outcomes

• Stella View annexation approved 5-2 with enhanced proffers including affordable housing, increased townhome minimum, school contribution, buffer opacity, and environmental controls.
• 4150 Old Chapel Hill Road zoning approved unanimously.
• Geer and Junction annexation approved unanimously, including 15% affordable housing commitment.
• All consent agenda items passed unanimously.
• Council will hold a work session on December 20, 2022 at 1:00 PM.