Durham City Council Meeting: October 3, 2023 – Proclamations, Rezonings, and Key Votes
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Durham City Council Meeting: October 3, 2023 – Proclamations, Rezonings, and Key Votes
The Durham City Council met on October 3, 2023, beginning at 5:00 p.m. The meeting featured ceremonial proclamations, including the presentation of Keys to the City to four distinguished community leaders, the approval of a consent agenda, and public hearings on three rezoning and annexation cases. The council voted on the Briar Creek ACT and Smallwood Townhouses projects, while the Sagebrook rezoning was continued to a future date.
Consent Calendar
- The consent agenda, containing 19 routine items (including appointments, contract approvals, leases, and budget amendments), was approved by a unanimous 7-0 vote. Items included the Durham Housing Authority Board appointment, approval of meeting minutes, and several capital improvement and service agreements.
Public Comments & Testimony
- Sagebrook (Item 23): Multiple residents spoke in opposition to the proposed 120-townhome development on 17.3 acres off Burton Road. Concerns included increased traffic, stormwater runoff, environmental damage from blasting, loss of rural character, lack of affordable housing, and the unresolved one-foot buffer strip. Speakers included Donna Stanback, Pam Williams, Rebecca Freeman, Tom Freeman, Wanda Allen, Pamela Andrews, Jacob Freeman, and online participants Amanda Bellgrave and Gassan Ziadat. Mr. Ziadat, owner of adjacent landlocked parcels, argued the developer had not done enough to resolve access issues.
- Briar Creek ACT (Item 24): No public speakers signed up. The only registered speaker, James Chavis, did not speak.
- Smallwood Townhouses (Item 25): Tanya Powell, attorney for FedEx Ground, expressed concerns about noise, light, and truck activity from the adjacent 24-hour FedEx hub, noting that the residential development would be placed very close to an industrial facility.
Discussion Items
- Ceremonial Proclamations: The council recognized Minority Enterprise Development Week (Oct 2–6, 2023) and presented Keys to the City to Dr. E. Lavonia Allison, Judge Orlando F. Hudson Jr., former Mayor William V. Bell, and former Representative H.M. Mickey Michaux Jr. Each honoree gave brief remarks, with Michaux delivering an extended speech on civil rights and public service.
- Council Announcements: Mayor Pro Tem Middleton highlighted the National Week Without Driving challenge and urged residents to use GoDurham’s fare-free buses. Councilmember Freeman acknowledged Breast Cancer Awareness and Domestic Violence Awareness months. Councilmember Williams noted Digital Inclusion Week. Councilmember Caballero encouraged participation in participatory budgeting, with $2.8 million available for community-voted projects.
- Capital Facility Fees (Item 22): Staff presented a public hearing to update one-time water and sewer fees for new development, based on a required five-year analysis. No public comments were received. The council adopted the revised fees effective January 1, 2024, by a unanimous vote.
- Sagebrook Rezoning (Item 23): The applicant, Capital City Homes, proposed a PDR 6.943 zoning for 120 townhomes (no garages, price point $250,000–$300,000). The Planning Commission had recommended denial 12-0. Council discussion focused on the lack of committed affordable units, the one-foot buffer ownership issue, traffic impacts, and the “no-frills” approach to affordability. Councilmember Caballero suggested a continuance to allow further due diligence on the buffer and community benefits. The applicant requested a continuance; the council agreed to refer the matter back to staff to schedule a future date.
- Briar Creek ACT (Item 24): The applicant, Capital Seniors Housing, sought a PDR 13.367 zoning for a 210-unit age-targeted rental community on 16 acres near Page Road. The Planning Commission had tied 6-6. After the commission, the applicant added a commitment of six affordable units at 80% AMI for 30 years. Council debate included support for senior rental housing and concerns about age restriction. The council approved all three motions (annexation, zoning, consistency) unanimously (7-0).
- Smallwood Townhouses (Item 25): The applicant proposed a PDR 7.405 zoning for 72 townhomes on 10 acres with a 5% affordable housing commitment (80% AMI, 30 years), a $14,000 school contribution, and a cemetery access easement. The Planning Commission had recommended approval 11-1. Council discussion addressed proximity to the FedEx facility, noise mitigation, and the sidewalk easement. The council approved the annexation and zoning 6-1 (Councilmember Freeman dissenting) and the consistency statement 7-0.
Key Outcomes
- Capital Facility Fees (Item 22): Adopted ordinance revising fees for water and sewer, effective January 1, 2024. Vote: 7-0.
- Sagebrook (Item 23): Continued to a future date; staff will work with the applicant to set a new hearing date.
- Briar Creek ACT (Item 24): Approved annexation, rezoning to PDR 13.367, and consistency statement. All votes 7-0.
- Smallwood Townhouses (Item 25): Approved annexation and rezoning to PDR 7.405 (6-1, Freeman no); approved consistency statement (7-0).
- Mayor’s Absence: Council approved the mayor’s excused absence for October 19 and November 6, 2023, by unanimous vote.
Meeting Transcript
Good evening, everybody. Happy Monday. I would like to call the Durham City Council meeting to order for this the twelfth day of October year twenty twenty-three. We certainly want to welcome all of you all here tonight who are with us in chambers, and we welcome those who are joining us remotely as well. If you would please join me in a moment of silent meditation. Thank you. I am here. Councilmember Caballero here. Councilmember Freeman. Present. Councilmember Holsey Hyman. Present. Councilmember Johnson. Here. Councilmember Williams. I'm here. Thank you. Thank you. We will now move to our ceremonial items, and item number one is a minority enterprise development week proclamation, which will be read by Councilwoman Freeman. And whereas the city of Durham is committed to the ongoing evaluation of its policies, procedures, and practices so that its businesses, it's conducted, this business is conducted in a manner that ensures minority and women businesses receive equitable access to all available opportunities. And whereas minority and women entrepreneurs are to be honored not only as a valued resource for the provision of goods and services, but as vital to our economic success. Now, therefore, I, Elaine M. O'Neill, mayor of the City of Durham, North Carolina, do hear pie proclaim October 2nd through the 6th, 2023 as Minority Enterprise Development Week in the City of Durham, and hereby urge all citizens to take special note of this observance, participate in many scheduled activities, fully utilize the wide array of minority and women-owned businesses, business entrepreneurs enterprises in our community, witness my hand in the corporate seal of the city of Durham, North Carolina. This is the second day of October 2023. And this is to be presented to Shayla Fawcett and the Deputy CFO and of the business service administrators. Thank you. Thank you, Mayor O'Neill, Mayor Pro Tim Middleton, City Council members, City Manager Page, and our participants are in the audience today. I am Sheila Fawcett, the deputy CFO, and I have with me here today Sydney Anderson, our underutilized business compliance services administrator. Sydney, could you just say? We work with Tim Floor, the Finance Director and CFO in the Finance Department. And since 1983, the U.S. President has proclaimed a minority enterprise development week observance to recognize the outstanding accomplishments of minority businesses and to honor those corporations and financial institutions supporting minority business development. The theme for today in Durham for Medweek of 2023 is empowering change and breaking barriers. We will have events this Thursday and Friday at the Durham County Human Services Building. We would like to let you know that we will have educational outreach and recognition events that will celebrate the achievements of minority businesses that will affirm our commitment to the principle of equal opportunity. We invite you to join us in Mayor Pro Tim Middleton, who will be given the state of Durham address. Lastly, we would like to encourage all Durham residents to support our minority and women-owned businesses that are essential to our economy and to keeping Durham a great place to live, work, and play. Again, we appreciate the proclamation and we look forward to the possibility of seeing you all at our events at Medweek on Thursday and Friday of this week. Thank you. Mayor Nil. Wait, wait a minute. Mayor Neil. Okay. Thank you, ma'am. All right. We'll do it this way. So as I started commenting over the last two years of my life, you know, there have been many moments that have been great moments. I've enjoyed my time as a public servant in this capacity. But tonight is a really, really special night, I believe, for me personally, but not just for me, the city of Durham, the county of Durham, and the state of North Carolina. When we take time to honor four giants, four living legends, people who have given so much of their lives to public service, the people that we are about to honor tonight with keys to the city, have given over a close to 200 years of public service.
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