Durham City Council Meeting - February 7, 2023

The Durham City Council met on February 7, 2023 (the meeting began on February 6 and continued late into the night) to consider ceremonial items, public hearings on annexations and zoning changes, and a Unified Development Ordinance (UDO) text amendment. Key topics included recognition of the NCCU football team for winning the HBCU national championship, a proclamation for Honor Month, and several controversial development projects in the Little Lick Creek watershed, raising concerns about water quality, traffic, and public safety.

Consent Calendar

• The consent agenda was approved 7-0, including: approval of city council minutes, December 2022 bid report, lease with First Baptist Church for employee parking, contract for pavement management services, amendment for in-vehicle technology for solid waste vehicles, construction contract for waterline replacement, and several items under General Business Agenda Public Hearings (items 10-13).

Public Comments & Testimony

Item 10 – Mockingbird Lane and Sharon Road Annexation (125 townhomes)

• Proponents: Developer Pam Porter and attorney Neil Ghosh described the project, highlighting commitments including a $62,500 donation to the affordable housing fund, $22,000 to Durham Public Schools (adjusted from $2,500), increased stormwater detention (25-year design storm), 150% erosion control pond design, double silt fence, and blasting notification. They argued the townhome density was appropriate and balanced environmental concerns.
• Opponents (8 speakers): Residents raised concerns about Little Lick Creek being on the NC 303(d) impaired waters list (since 2008), high turbidity, erosion from Triassic soils, traffic congestion, lack of a traffic impact analysis (TIA), and inadequate emergency medical services (EMS) staffing. Several speakers asked for 30-foot buffers with dense vegetation, and for the city to commission a comprehensive environmental study. One speaker presented a bottle of cloudy water from a home, claiming it had not cleared since July.

Item 11 – National Heritage Academy’s Oak Grove Charter Annexation

• No public comments were offered. The applicant noted voluntary off-site road improvements costing approximately $1 million.

Item 12 – UDO Text Amendment (Development Plan Revisions)

• No public comments were offered.

Item 13 – Michael Ridge Annexation (420 homes)

• Proponents: Attorney Neil Ghosh described a 420-unit development (max 120 single-family detached, rest townhomes) with commitments including $57,500 to Durham Public Schools, $120,000 to the affordable housing fund, 3% of units (13 units) affordable at 80% AMI for 30 years, 100-year storm detention, increased buffer opacity (0.6), and use of flocculents for erosion control. He noted the project was submitted in July 2021 and had undergone lengthy review.
• Opponents (10 speakers): Residents echoed concerns about water quality, mass grading (proposing a 20-acre phase limit like Charlotte and Cary), blasting notification and compensation, traffic (citing lack of a comprehensive study), and EMS/fire station staffing shortages. Several asked for 30-foot buffers with 0.6 opacity along public roads, and noted that 280 acres of land are currently under disturbance in southeast Durham with only four county inspectors. One speaker questioned the ability to achieve affordable housing without subsidy.

Discussion Items

• Public Safety and EMS: Councilmembers debated the state of emergency response; Deputy City Manager Bo Ferguson noted the fire department is the first responder on medical calls and that EMS unit availability can vary. Some councilmembers cautioned against conflating local issues with national incidents.
• Water Quality and Development: Extensive debate centered on Little Lick Creek. Mayor O’Neal expressed concern, citing a letter from the Southern Environmental Law Center and a meeting with Sound Rivers’ Neuse Riverkeeper. She voted “no” on items 10 and 13, stating she needed more evidence. Councilmember Caballero highlighted Durham’s stringent stormwater regulations and the Upper Neuse River Basin Association’s work. Councilmember Johnson called for hard evidence linking development to worsening creek impairment. Mayor Pro Tem Middleton noted that untreated water samples he left on his desk had cleared naturally without flocculents, and he urged county testing of residents’ tap water. Councilmember Freeman emphasized the cumulative effect of development and the need for a city plan, while Councilmember Williams cautioned against relying on unvetted public claims and defended the city’s professional staff.
• Affordable Housing and Density: Councilmembers discussed the need to balance density with environmental protection. Councilmember Caballero noted that the city pushes for higher density to avoid sprawl into neighboring counties with weaker regulations. The applicant for Michael Ridge committed to 3% affordable ownership units (13 homes) without subsidy.

Key Outcomes

• Item 10 (Mockingbird Lane/Sharon Road): Approved 5-2 (Mayor O’Neal and Councilmember Freeman opposed). Motions passed: annexation and utility extension agreement; rezoning to PDR 5.908; consistency statement.
• Item 11 (Oak Grove Charter): Approved 4-3 (Councilmembers Caballero, Freeman, and Johnson opposed). Motions passed: annexation and utility extension agreement; zoning translation; consistency statement.
• Item 12 (UDO Text Amendment): Approved 6-1 (Councilmember Freeman opposed). Motions passed: adoption of ordinance effective March 1, 2023; consistency statement.
• Item 13 (Michael Ridge): Approved 4-3 (Mayor O’Neal and Councilmembers Freeman and Holsey Hyman opposed). Motions passed: annexation and utility extension agreement; rezoning to PDR 4.680; consistency statement.