Durham City Council Meeting: Rezonings, Annexations, and Proclamations - April 4, 2023
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Durham City Council Meeting: Rezonings, Annexations, and Proclamations - April 4, 2023
The Durham City Council met on April 4, 2023 (transcript states April 3, 2023) to conduct a long agenda including ceremonial proclamations, announcements, a consent calendar, multiple annexation public hearings, and a contentious rezoning. The council unanimously approved annexations for Old Oxford Road and East Geer Street, granted a continuance for Sharon Road, and narrowly approved a 90-unit apartment development on West Cornwallis Road over opposition from neighboring communities.
Ceremonial Items & Announcements
- Recognized the life of Budget and Management Services Director John A. Loyal, who passed away; City Manager Page noted his nearly 25 years of service.
- Proclaimed April 2023 as Fair Housing Month; accepted by Cindy Burns (President, Durham Regional Association of Realtors) and Sharon Schuckle (DEI chair), who expressed full support for fair housing.
- Proclaimed April 3, 2023 as Mama Cookie Day for grassroots leader Mama Cookie Harwell Bradley; she announced a strike by the Union of Southern Service Workers in Durham, Columbia, and Atlanta, and thanked the Durham Community Land Trust for affordable housing.
- Proclaimed April 14, 2023 as Alpha Kappa Alpha Sorority Inc. Alpha Zeta Omega Chapter Day (95th anniversary); accepted by Dr. Camela Iselle.
- Proclaimed April 2023 as Peace Month; Mayor declared peace over the chamber, city hall, council, employees, and city.
Announcements
- Councilmember Monique Holsey-Hyman highlighted Child Abuse Prevention Month and described helping a single father obtain a housing voucher.
- Mayor Pro Tem Mark-Anthony Middleton reported on the Harrelson Center tour in Wilmington and NLC conference, and called for council unity.
- Mayor O'Neill read a UNC School of Government letter outlining options regarding allegations against a council colleague (no action, refer to law enforcement, censure, or outside investigation) and asked council members to limit public comments; she stated she would make no further comments while under investigation.
- Mayor also invited stakeholders signed up to speak on the UDO text amendment to meet across the aisle; James Chavis offered to host at Holton, and Tom Miller expressed interest.
Consent Calendar
- Approved unanimously (7-0) items 1-14, including appointments, bid report, budget development guidelines, ARPA projects, and various agreements.
Public Comments & Testimony
- Sharon Road Annexation (Item 15): Applicant attorney Patrick Baker requested a continuance to May 15, 2023, to add a text-only development plan; no objections from speakers, so granted.
- Old Oxford Road Annexation (Item 16): Applicant Katie Hamilton (Gander Development) requested annexation for water connection due to groundwater contamination. Natalie Pickett (Oxford Hamlin Community Coalition) stated they spoke as proponents but were still negotiating concerns; Helena Craig appreciated the developer's blasting notification commitment.
- East Geer Street Annexation (Item 17): Applicant sought annexation for a convenience store with gas station. Proponents Mike Andrews (in person) and Pam Andrews (remote) spoke in favor, citing Mr. Gorham's 25 years of local business ownership and community need.
- Cornwallis Road Rezoning (Item 18): Over a dozen residents and neighborhood representatives spoke in opposition, raising traffic safety, flooding, stormwater, parking, school buses, pedestrian/bike access, and lack of community outreach. Brynn Strawn (Canterbury) said the developer had not reached out since the November planning commission denial; Alan Dippy and Rich Foley detailed unsafe cycling/running conditions; Larry Reed and Rick Larson showed flooding photos; Mike Kurlowski (Canterbury HOA) said 219 people scanned signs and 150 emails were sent. The applicant rebutted, citing NCDOT coordination and no increase to floodplain peak flow.
Discussion Items
- Budget Development Guidelines (Item 4): City Manager Page noted that funding for city council budget requests advanced during the March 23, 2023 special budget work session will be considered; included in consent agenda.
- Cornwallis Road Rezoning Deliberation: Council members weighed the choice between 90 units (with five at 60% AMI and $100,000 to housing fund) versus by-right development of six single-family homes and a fast-food restaurant. Councilwoman Caballero said she voted yes after listening to residents; Mayor Pro Tem framed it as a choice between density and expensive single-family homes. Staff clarified that by-right uses would generate more traffic than the proposal.
Key Outcomes
- Consent agenda approved 7-0.
- Sharon Road annexation continued to May 15, 2023, without opposition.
- Old Oxford Road annexation approved 7-0 (three motions: annexation/utility agreement, zoning ordinance, consistency statement).
- East Geer Street annexation approved 7-0 (three motions).
- Cornwallis Road rezoning passed 4-3 (Mayor O'Neill and Councilmembers Freeman and Hyman dissenting); consistency statement passed 6-1 (Councilmember Holsey-Hyman dissenting). The applicant committed to five units at 60% AMI for 30 years and a $100,000 contribution to the dedicated housing fund.
Other Matters
- No other council matters; meeting adjourned at approximately 10:37 p.m.
Note: The transcript repeatedly states the meeting date as April 3, 2023, while the instruction specifies the meeting date as April 4, 2023. This summary uses the specified date.
Meeting Transcript
One minute to air. We are streaming live. Recording in progress. Happy Monday, everybody. Happy Monday, everybody. I would like to call the Durham City Council meeting to order for this Monday, April 3rd, 2023 at 7 p.m. here in City Hall Chambers. We certainly want to welcome all of you who are in attendance here. We have a C of pink and green tonight. We have a sea of red and white tonight. We have a very full house tonight. We have people all out in the Fourier area. We are so happy to see you all here tonight as we get ready to conduct the people's business here. We thank those who are joining us remotely as well. Thank you. It's our practice to stand and salute the flag. Present. Present. Councilmember Johnson. Here, Councilmember Williams. Thank you so much. Before we get started, we have to take a moment to recognize the loss that the city suffered over the last week with our budget director, Mr. John A. Loyal. I'm going to ask our city manager to give a few few remarks today and on Thursday because this is a week of mourning for us here in the city. And he masterfully carried us through the budget process. And so he is already being missed, and we want to acknowledge him and his family tonight. City Manager Page. On behalf of the administration and the all of the city of Durham, we deeply mourn the death of our trusted colleague and friend John Allure. For nearly 25 years, John served in and excelled in several city positions in our finance department in our budget department. He most recently served as the budget and management services director, a position he had held since January of 2022. Those who knew John knew him as a dedicated and a passionate public servant and a loving father of three daughters. We are all keeping John's family in our thoughts and our prayers, and he will be greatly missed. Thank you, Madam Mayor. Thank you, City Manager Page. It is at this time that we turn to our ceremony items for tonight, and we have several. Thank you, Madam Mayor. And I am presenting this proclamation to Miss Cindy Burns, President and Sharon Schuckle of the Chair of the Diversity Equity Inclusion Committee. Enshrin into federal law the goal of eliminating racial segregation and ending housing discrimination in the United States, and whereas the Fair Housing Act prohibits discrimination in housing based on race, color, religion, sex, familial status, national of origin, and disability, and commits recipients of federal funding to affirmatively further fair housing in their communities. And whereas Durham is committed to the mission and intent of Congress to provide fair and equal housing opportunities for all. And whereas our social fabric, the economic health, and environment are the strengths in diverse and inclusive communities, and whereas more than 50 years after the passage of the Fair Housing Act, discrimination persists, and many communities remain segregated. And whereas acts of housing discrimination and barriers to equal housing opportunities are repugnant to the common sense of decency and fairness. Now, therefore, I, Elaine M. O'Neill, mayor of the City of Durham, North Carolina, do hereby proclaim the month of April 2023 as Fair Housing Month in Durham, and hereby urge all residents to be a community committed to fair housing and to promoting appropriate activities by private and public entitled entities to provide and advocate for equal housing opportunities for all residents and prospective residents of Durham. Witness my hand in the corporate seal of the city of Durham, North Carolina, this the third day of April 2023. Elaine M. O'Neill, Mayor. Thank you, and I'll turn it over to you to share. Cindy first. Good evening, Madam Mayor, Mayor Pro Tim, and members of the City Council.
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