Durham City Council Meeting - January 19, 2023: Annexation and Zoning Decisions
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Durham City Council Meeting - January 19, 2023
This meeting of the Durham City Council, held on January 19, 2023, at 7:00 PM, included a proclamation, announcements, excused absences, a consent agenda, and four public hearings on zoning and annexation requests. The council approved three items (a zoning map change and two annexations) and denied one major annexation (Kemp Road Residential) by a 4-2 vote after extensive public comment and debate.
Consent Calendar
- Items Passed Unanimously (5-0):
- Resolution in support of the International Campaign to Abolish Nuclear Weapons (ICAN) and the UN Treaty on the Prohibition of Nuclear Weapons.
- Three American Rescue Plan Act (ARPA) projects: family child care homes education initiative, re-entry housing support, and transitional/independent housing.
- Contract amendment with Context Systems for audio/visual support for council meetings.
- Contract for services with Made in Durham.
- Amendment to interlocal agreement on transit plan governance (City of Durham, Orange County, Durham County).
- Three consolidated voluntary annexations: Copper Run South, Crescent Towns, and Kemp Road Residential (the latter later denied).
- Zoning map change for 1311 NC Highway 54 West.
Public Comments & Testimony
Item 10 – Zoning Map Change 1311 NC 54 West
- No public speakers signed up or spoke; the item passed unanimously.
Item 11 – Copper Run South Annexation
- Luis Parra (2122 Hindsley Road): Expressed concern about well water impacts from increased pavement and asked if his property could connect to public water/sewer. He also raised a neighbor's water line being potentially cut off by road changes.
- Pam Williams (2130 Adventure Trail): Requested specific proffers (e.g., stream buffers, tree preservation, flocculents) equivalent to pending text amendments TC22004 and TC22005, citing soil and environmental sensitivity.
- David Sears (4306 Andrew Avenue): Inquired about involuntary annexation of adjacent parcels, NCDOT highway widening plans, and whether a traffic impact analysis (TIA) was required.
- Samantha Cropp (Noose Riverkeeper, Sound Rivers): Voiced strong opposition due to documented high turbidity in Lick Creek (headwaters of Falls Lake), urging that sediment/erosion control amendments be applied to this development. She noted state DEQ has begun sampling in the area.
- Applicant (Neil Ghosh, Morningstar Law Group): Responded that annexation is voluntary, no TIA was required, and noted the site plan shows 32% open space, 32% impervious surface, and 21.5% tree coverage – all exceeding minimums.
- Council action: Annexation approved 5-1 (Freeman opposed).
Item 12 – Crescent Towns Annexation
- No public speakers signed up or spoke; the item passed 5-1 (Freeman opposed).
Item 13 – Kemp Road Residential Annexation
- Opponents (18 speakers total, including Pam Andrews, Rebecca Freeman, Heidi Grable, Tammy Silva, Thomas Freeman, Donna Steinback, Pam Williams, Wanda Allen, Deborah Andrews, Jacob Freeman, Tina Motley Pearson, Samantha Cropp, Katie Ross, Stephen Neill, Jerry Ray, and Bliss FlowCare): Raised concerns over:
- Environmental damage to Lick Creek and Falls Lake (Triassic Basin soils, mass grading, blasting, turbidity, E. coli, algae toxins).
- Inadequate fire/EMS capacity and response times (citing October 2022 audit showing substandard performance).
- Lack of infrastructure (roads, schools, hospitals) and traffic congestion.
- Failure to adhere to pending sediment/erosion control amendments (TC22004/TC22005).
- Insufficient affordable housing (3% at 80% AMI) and displacement of wildlife.
- Lack of proper notification (Deborah Andrews reported not receiving mailed notice).
- Proponent (Fang Xing Li, 5501 Kemp Road): Supported the project, noting Durham’s housing crisis, the $4 million in road improvements, and the developer’s environmental commitments (e.g., 300-foot stream buffers, 24% impervious, flocculents). He argued the project would improve NC 98 traffic and that fire concerns had been addressed.
- Applicant (Neil Ghosh): Reiterated the project’s numerous proffers, including a 5.5-acre park donation, a commitment to not seek building permits until fire station 21 is in place, and adherence to future text amendments. He argued the project is the most logical development east of Kemp Road due to proximity to a new lift station and that the fire department had confirmed adequate capacity.
Discussion Items
Item 13 (Kemp Road Residential) – Council Deliberation
- Councilmember Hyman: Expressed frustration with conflicting information from residents and developers; called for an independent environmental study before making future decisions. She noted she could not in good conscience vote for more development without evidence.
- Councilmember Johnson: Stated the project had many merits but opposed it because it lies east of Kemp Road, which staff’s draft Southeast Durham Focus Area (SEDFA) plan identified as a future growth area requiring infrastructure first. She argued the council should stick to that policy.
- Councilmember Freeman: Criticized the city’s pattern of allowing development at the expense of clean water and air; noted affordable housing should not come at the cost of environmental harm. She thanked residents for their advocacy.
- Councilmember Caballero: Acknowledged the developer’s efforts but voted no because approving this project would create a domino effect across the future growth area line. She referenced the SEDFA process as a critical guide for managing growth.
- Councilmember Williams: Supported the project, noting the developer had addressed previous complaints, and argued the housing crisis requires choosing between people and wildlife. He emphasized following objective staff advice but acknowledged the line drawn by draft policies.
- Mayor Pro Tem Middleton: Defended the project, arguing the council must honor rules in place when developers are in process, not anticipate unpassed amendments. He rejected characterizations that council members are pro-developer, and stated the city is well-managed and would not run out of fire/EMS capacity. He noted the lift station was built to serve this area and urged approval.
Key Outcomes
- Item 10 – Zoning Map Change 1311 NC 54 West: Approved unanimously (5-0).
- Item 11 – Copper Run South Annexation: Approved 5-1 (Councilmember Freeman opposed).
- Item 12 – Crescent Towns Annexation: Approved 5-1 (Councilmember Freeman opposed).
- Item 13 – Kemp Road Residential Annexation: First motion (annexation ordinance) failed 4-2 (Councilmembers Freeman, Hyman, Johnson, and Caballero opposed; Mayor Pro Tem Middleton and Councilmember Williams supported). The remaining motions were not taken up due to the failure of the first motion.
- Excused Absences: Granted for Mayor Elaine O’Neal (January 19), Councilmember Johnson (March 6 and 9), and Mayor Pro Tem Middleton (January 19 work session) – all unanimous.
- Upcoming: The city is expected to consider pending text amendments (TC22004, TC22005) to strengthen sediment/erosion control regulations.
Meeting Transcript
Good evening, ladies and gentlemen. Welcome to City Hall. It's seven o'clock PM on the evening of January 17th. I'd like to officially call this official meeting of the Durham City Council to order in order to faithfully conduct the people's business. Her honor is well and safe. While they may differ uh in iteration and degree, uh many of those challenges are faced by our our sister cities all around the country. Uh so at the appropriate time, colleagues, I will be asking for an excused absence uh for the mayor. Uh her honor is also asked me to join her in DC uh to split duty. She'll be coming back and I'll be covering the second half of the meeting of the U.S. Conference of Mayors, so I'll be asking for an excused absence for myself as well at the appropriate time uh in our agenda. Let me say good evening to my honorable colleagues, to everyone in the chamber here. Welcome to City Hall to our staff and all of you who may be watching at home or wherever you are on television or the internet. Thank you for being with us tonight. Uh as we still are in the aftermath of the King holiday celebration, I'm going to ask that we would all join uh in a moment of silent meditation. Thank you very much. At this time, I'm going to yield to Councilmember Um Freeman and ask that she would lead us in the Pledge of Allegiance. If it is our practice to stand and salute the flag if you'd like to join us. Good evening, everyone. Thank you for this honor. And I think we have somebody, Ms. Morales, maybe from Durham Parks and Rec. Oh, we actually have several folks from Durham Parks and Rick. Thanks. Whereas the city of Durham's natural beauty and access to recreation are critical to its residents' quality of life, health, and economic well-being. And whereas the greenway trails that span across our community are an integral part of the recreational and transportation possibilities of our area and promote an enjoyment of scenic beauty by our residents and our visitors. And whereas the parks, greenway trails, and natural areas in our community are welcoming to all and provide a common ground for people of all ages, abilities, and backgrounds to access our rich and diverse natural, cultural, and historic resources. And whereas a city of Durham's natural assets and resources are resources are integral to disaster recovery and resilience to climate change for future generations. And whereas the city of Durham's greenway trails vary from less than a quarter mile in length to the East Coast Greenway that stretches 3,000 miles from Maine to Florida, connecting Durham to two for 450 cities and towns and 15 states to the mountains to sea trail that stretches across North Carolina for more than 1,000 miles from the mountains to the coast and range from footpaths through state and local parks to greenway trails along abandoned railroad corridors and from healthy mile trail to short segments of essential walking and biking connections through local neighborhoods. And whereas trails offer quality of life benefits to all as expressions of local community, character, and pride, as outdoor workshops for science education, as tools for economic revitalization, as free resources for healthy recreation, as accessible alternative transportation, and as sites for social and cultural events. And whereas a city of Durham's park and recreation department has many programs that impact trails, such as adopt a park, trail full moon hikes, rides, and history hikes. And whereas a North Carolina General Assembly designated 2023 as the year of the trail in North Carolina to promote and celebrate the state's extensive network of trails that showcase our state's beauty, vibrancy, and culture. And whereas North Carolina is known as the Great Trails State. Now, therefore, I, Elaine M. O'Neill, mayor of the City of Durham, North Carolina, do hereby proclaim 2023 as the year of the trail. In Durham and hereby commend its observance to our citizens, witness my hand in the corporate sale of the city of Durham, North Carolina, this 17th day of January 2023. Thank you. Good evening. Thank you. Um Mayor Pro Tem, Council Members, Ms. Page. I'm Gina Moray with the Parks and Arc Creation Department, and we are grateful that we can kick off the 2023 year of the trail with this proclamation, and hope that you will join us on some of the many year-of-the-trail activities on Durham's trails. Thank you. Thank you so much. Thank you so much for a great proclamation. And while my colleague returns to our seat, let me take this opportunity on behalf of the mayor and the entire city to thank our parks and recreation department for the incredible job they do and express how grateful we are in Durham for those oasis moments created by our trails and our parks. And I hope that every resident and citizen will take advantage of this wonderful resource we have here in our city. Thank you, Councilmember Caballero. Colleagues, at this time I will yield for any announcements by members of the council. I'll look to my left first. Councilmember Johnson, good evening.
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