Durham City Council Meeting – March 21, 2023

This regular city council meeting, held on Monday, March 20, 2023 (recorded as March 21, 2023, per official records), began at 7:00 p.m. in City Hall. The agenda included public hearings on the FY2023-24 budget and Capital Improvement Plan (CIP), two major annexations (Wesley Downs and Shady Grove Assemblage), a controversial UDO text amendment (SCAD), a development agreement for Novel University Hill, and federal grant allocation plans. Speakers expressed strong support for expanding the HART crisis response program and implementing Vision Zero traffic safety measures. The council voted 4-3 to approve the Wesley Downs and Shady Grove annexations, continued the SCAD amendment to May 1, 2023, and unanimously approved the Novel University Hill development agreement and the HOME-ARP allocation plan.

Consent Calendar

• Approved unanimously: appointments to various boards (Cultural Advisory Board, Housing Appeals Board, Riker Workers Rights Commission, Bicycle and Pedestrian Advisory Commission), city council minutes, an ordinance setting municipal candidate filing fees, a resolution for a second opioid settlement, an ARPA project for community health, a change order for Mayor Moore Park/Hoover Road Park, a grant agreement for re-entry programs, a drainage structure access agreement, and a professional services contract for an electrical study.

Public Comments & Testimony

• FY2023-24 Budget & CIP (Item 16): Over 20 residents spoke, nearly all advocating for two main priorities:

  • Full funding and 24/7 citywide expansion of the HART (Holistic, Alternative, Response Team) program. Speakers (including Kyle Barber, Claire Shellnut, Olivia Lynn, AJ Williams, and others) described personal experiences with mental health crises and the fear of calling police. They urged the council to make HART available in all zip codes at all hours.
  • Adoption of the Vision Zero Durham agenda, including a full-time Vision Zero coordinator, funding for sidewalk repairs, ADA-compliant curb ramps, protected bike lanes, and traffic calming. Paul Harvin (hit by a car), Alison Simpson (widow of a cyclist killed), Eric Landfried, and John Talmage (Bike Durham) cited data: “a person walking or biking is killed or seriously injured every 16 days in Durham.” Noah Goyet, recently injured in a bike crash, also spoke.
  • A few speakers also supported fare-free transit and general affordable housing funding.

• Wesley Downs Annexation (Item 17): Five opponents spoke, raising concerns about density, traffic congestion, blasting/well damage, environmental degradation (Triassic Basin soils, stream sedimentation), and property tax increases for existing residents. One opponent stated, “Who can afford 80% AMI?… Why can’t they drop it down to 50%?”

  • Applicant representatives (Neil Ghosh, others) defended the project, noting commitments to 229 units (min. 100 townhomes), 7 affordable homes at 80% AMI for 30 years, a 10-foot multi-use path, and updated stormwater controls. They claimed the first townhomes could be priced in the “290s” (low $200,000s).

• Shady Grove Assemblage (Item 18): Six opponents (in person and online) criticized density (440 units), impervious surface, traffic on narrow roads, blasting/geotechnical risk, and cumulative development impacts. Speakers urged delaying approval until pending UDO amendments on tree preservation and mass grading are finalized.

  • Applicant Jared Edens highlighted 78 acres, 440 units max, a 5‑acre public park, 50-foot buffers, and affordable housing commitments (5% of lots to Habitat for Humanity). He asserted no rock was found in 17 geotechnical bores, so blasting is unlikely.

• UDO Text Amendment – SCAD (Item 19): No public testimony was heard because the council voted to continue the hearing to May 1, 2023. Several council members noted the complexity of the 44-section amendment and requested staff provide a detailed analysis before they vote.

• Novel University Hill Development Agreement (Item 20): Two speakers (including a nearby business owner) spoke in favor, praising the project’s quality and its provision of 66 affordable units off-site at Carver Street. No opposition was voiced.

• HOME-ARP Allocation Plan (Item 21): Two speakers (Larissa Seibel, James Svara from the Coalition for Affordable Housing and Transit) urged the city to use general ARPA funds for a guaranteed income program for extremely low-income renters paying >50% of income on rent, noting that HUD regulations prohibit direct payments from HOME-ARP funds.

• FY2023-24 Annual Action Plan (Item 22): No public speakers.

Discussion Items

• Wesley Downs (Item 17): Council debated the project’s environmental proffers (45% impervious, 25% open space, erosion controls), affordable housing at 80% AMI, and traffic impacts. The mayor and two councilmembers voted no on annexation and zoning, citing density and lack of deeper affordability. The consistency statement passed 7-0.

  • Votes: Annexation ordinance – 4-3 (Mayor O’Neill, Freeman, Holsey-Hyman opposed). Rezoning – 4-3 (same members opposed). Consistency statement – 7-0.

• Shady Grove Assemblage (Item 18): Similar debate. Councilmember Williams noted the need for revenue to fund programs like HART. The mayor and two councilmembers voted no on annexation and rezoning; one councilmember voted no on consistency.

  • Votes: Annexation – 4-3 (Mayor O’Neill, Freeman, Holsey-Hyman opposed). Rezoning – 4-3 (same opposed). Consistency – 6-1 (Holsey-Hyman opposed).

• SCAD Continuation (Item 19): Mayor O’Neill proposed continuing to May 1, 2023, to allow staff to prepare a line-by-line analysis of the complex amendment. Councilmember Williams preferred hearing it that night, citing a year of public review. Mayor Pro Tem Middleton supported the delay to allow colleagues more time. A motion to continue to May 1 passed 4-3, with Caballero, Johnson, and Williams voting no.

• Novel University Hill (Item 20): Brief discussion – Councilmember Caballero called it a “great project.” Unanimous approval.

• HOME-ARP Plan (Item 21): No debate; approved unanimously.

Key Outcomes

• Wesley Downs Annexation: Approved (4-3) for annexation and PDR 4.166 zoning. Consistency statement approved 7-0. The development may include up to 229 units, 7 affordable at 80% AMI, with additional environmental commitments.
• Shady Grove Assemblage Annexation: Approved (4-3) for annexation and PDR 5.632 zoning. Consistency approved 6-1. Up to 440 units, a 5‑acre public park, and a 50-foot buffer.
• UDO Text Amendment (SCAD): Continued to the May 1, 2023 council meeting. The public hearing remains open.
• Novel University Hill Development Agreement: Approved 7-0. Allows 291 additional market-rate units in exchange for gap financing of 66 affordable units off-site, donation of eight parcels to Habitat for Humanity, a $50,000 bus shelter donation, and new sidewalks.
• HOME-ARP Allocation Plan: Approved 7-0. The city will submit its plan for $4,346,151 to HUD by March 31, 2023.
• FY2023-24 Annual Action Plan: Public hearing held; no action required.
• Council directed staff to provide detailed analysis of the SCAD amendment before the May 1 hearing.
• Next meeting: The council will reconvene on May 1, 2023, to continue the SCAD public hearing.