Durham City Council Meeting - November 7, 2023
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Durham City Council Meeting - November 7, 2023
The Durham City Council met on November 7, 2023 (the meeting began on November 6 and continued into the early hours of November 7). The meeting included ceremonial proclamations, approval of the consent agenda with one item pulled for public comment, a major discussion on the redevelopment of 505 West Chapel Hill Street, and several public hearings on zoning changes. Key outcomes include approval of rezoning for Hobson Road, Mill House Towns, and Durham Summit, and a controversial 4-3 vote to approve the Perry Farm annexation and rezoning. The council also approved modifications to the RFP for 505 West Chapel Hill to incentivize more affordable housing.
Ceremonial Items
- Proclamation declaring November 7, 2023 as Notary Public Day in Durham, presented by Councilwoman Holsey-Hyman.
- Proclamation declaring November 2023 as Integrity Month in Durham.
Announcements
- Council members reminded of the municipal election on November 7, urging residents to vote and bring photo ID.
- Congratulated NCCU Homecoming weekend.
- Announced participatory budgeting voting ends November 7 (goal of 12,000 votes, ~10,000 reached).
- City Hall lit green for Operation Green Light (November 6-12) to support veterans.
- Salary increases announced for City Manager (from $265,200 to $275,808), Clerk (from $107,302 to $113,740.12), and Attorney (from $219,102 to $249,102).
- Excused absence for Councilwoman Holsey-Hyman on November 9 was approved unanimously.
Consent Calendar
- The consent agenda was approved unanimously, except Item 5 (Underutilized Business Compliance Performance Audit) was pulled for public comment.
- Public Comment on Item 5: Stella Adams expressed deep disappointment with the audit findings, noting that minority and women-owned business participation goals were not met. She criticized the lack of requirements on projects like 505 West Chapel Hill, where 7 of 8 RFP respondents were from out of town. She urged the council to include scoring for minority/local business participation in future RFPs.
Discussion Items
Item 13: Redevelopment of 505 West Chapel Hill Street
- Staff Presentation: Stacy Poston, General Services, presented the draft RFP. Key issues included affordable housing unit count and commercial space requirements.
- Public Comments:
- Stella Adams advocated for requiring minority/women-owned business participation with points in the RFP and for more than 80 affordable units.
- Webb Gully (Coalition for Affordable Housing and Transit) proposed a scoring rubric: 80 units = low, 85-95 = medium, >95 = high, to incentivize more affordable housing. He also suggested reducing the minimum commercial space from 250,000 sq ft to a range (100,000-250,000) and making it a goal rather than a requirement.
- Another resident (via Zoom) supported the affordable housing focus and asked for spaces for all income levels.
- Council Deliberation: Council members largely agreed on the need for stronger affordable housing incentives but debated the commercial minimum. Mayor Pro Tem Middleton emphasized the 250,000 sq ft figure was based on community goals (grocery, nonprofit space, museum, etc.) and consultant analysis. Councilwoman Freeman argued for separating the affordable housing component to move faster. Councilwoman Johnson proposed a motion to set affordable housing scoring: >90 units = highly advantageous, 80-90 = advantageous, <80 = not advantageous. The motion passed 6-1 (Mayor Pro Tem opposed). A motion to lower commercial minimum to 150,000 sq ft failed. Council also decided to include EBOP (Equity and Business Opportunity Program) minimum of 11% for minority/women-owned business participation in the RFP.
- Votes: Three unanimous motions: (1) advance the RFP to the development teams, (2) approve the RFP with council modifications, (3) authorize the city manager to make modifications (including the affordable housing scoring and EBOP language).
Item 20: Hobson Road Multifamily Zoning Map Change
- Staff Report: Request to rezone 17.266 acres to PDR 22.538 for up to 400 apartment units, with 3.5% (14 units) income-restricted at 60% AMI for 10 years. Planning Commission recommended approval 9-2.
- Applicant: Jamie Schwab (Parker Poe) noted the affordability term was extended to 20 years. Also proffered $33,000 to Durham Public Schools. Other commitments include green infrastructure, solar conduit, EV charging, and transportation improvements.
- Public Comment: One resident (Sherry Zahn Rosenthal) stated 14 units out of 400 was inadequate but appreciated the 20-year term.
- Council Action: Questions about administration and affordability. Councilmember Freeman noted deed restriction value but wanted higher percentage. Approved unanimously.
Item 21: Cortez Drive Townhouses
- Staff Report: Request to rezone 46.98 acres to PDR 6.003 for up to 282 townhouse units. Planning Commission recommended denial 8-4. Applicant proffered 3% affordable at 80% AMI for 30 years and $36,000 to DPS.
- Applicant: Niel Ghosh requested a continuance to January 16, 2024, to address non-zoning considerations. Council agreed, leaving the public hearing open.
Item 22: Mill House Towns
- Staff Report: Request to rezone 12.867 acres to RSMD for up to 90 units (duplexes, townhouses, etc.). Applicant proffered $22,500 to DPS and 5% affordable at 80% AMI for 30 years. Planning Commission recommended approval 6-3.
- Applicant: Niel Ghosh noted limited access (single point) caps units at 90. The project will likely be for-sale townhomes.
- Public Comment: None.
- Council Action: Approved unanimously.
Item 23: Durham Summit (Zoning Map Change)
- Staff Report: Request to rezone 12.44 acres to PDR 29.654 for up to 360 multifamily apartments. Applicant proffered 50-ft building setback, 20,000 sq ft publicly accessible open space. Planning Commission recommended approval 8-1.
- Applicant: Patrick Biker (Morningstar Law) and Walker Gorham (Beacon Partners) highlighted a unique partnership with Durham Technical Community College: a minimum $2 million investment to renovate an office building for Durham Tech’s business and entrepreneurship hub, plus a multi-year grant program for student/faculty housing. No affordability proffer, but rents targeted to be moderate due to walk-up style and lower construction costs.
- Public Comment: None.
- Council Action: Council praised the partnership and commitment. Approved unanimously.
Item 24: Perry Farm (Annexation and Zoning Map Change)
- Staff Report: Request to annex and rezone 274.12 acres to PDR 3.155 for up to 665 single-family and townhouse units. Also a 5.56-acre parcel for public/civic use. Previous denial in January 2023. Planning Commission recommended denial 11-0. Staff noted consistency with place type map and 22 of 25 policies.
- Applicant: Niel Ghosh (Morningstar Law) argued that fire safety concerns were resolved, the site is inside the urban growth boundary, and the project offers extensive road improvements ($4 million+), 600-ft wildlife corridor, 24% impervious cap, 300-ft stream buffers, 5.5-acre donated park, and 3% affordable housing at 80% AMI for 30 years.
- Public Comments (numerous opponents):
- Tina Motley Pearson: Opposed due to environmental damage, blasting impacts, lack of infrastructure accountability.
- Vanessa Evans (proponent? Actually said same as previous? She said
Meeting Transcript
If you can um roll my phone up here right here two minutes until we air one minute until live stream one minute until we hear we are now streaming the progress of the city of the evening everybody happy Monday, the first Monday in November. At this point, we would like to call the Durham City Council meeting to order for this the sixth day of November 2023. We certainly want to welcome you all who have joined us here in chambers, and we would like to join uh welcome those who are joining us remotely as well. Please join me in a moment of silent meditation before we get to the people's business. Thank you all. I will now recognize Councilwoman Freeman who will lead us in the Pledge of Allegiance. Thank you. It's our practice to stand and salute the flag as we reach recite the pledge to the flag of the United States of America and to the republic for which it stands one nation under God with liberty and justice for all. Madam Clerk, if you will call the rope. Thank you, Madam Mayor. Mayor O'Neill. I am here. Mayor Pro Tem Middleton. I'm here. Councilmember Caballero. Here. Councilmember Freeman. Present. Councilmember Holsey Hyman. Present. Councilmember Johnson. Here. Councilmember Williams. Present. Thank you. We have two ceremonia items tonight. The first will be read by Councilwoman Jose Hyman, which is the notary public day proclamation. And I will follow that with a reading of integrity month. To my colleagues. Whereas U.S. Notary Public Day was first observed in 1975 to recognize the service of notaries to national and international commerce. And whereas November 7th was specific to specifically chosen as notary public day in recognition of Thomas Fugo, the man who first took the title when he was appointed by the colony of New Haven on November 7th, 1639. And whereas the City of Durham joins the county in recognizing National Notary Day, and whereas the City of Durham acknowledges the importance of notaries and notary publics, and whereas the North Carolina Notary Association supports the City of Durham by empowering knowledge, building community, and promoting sound professional standards of practice for the benefit and the protection of the public. And whereas the goal of North Carolina Notary Association is limiting risk to signers, employees, and all other who rely on the official act. Now, therefore, I, Elaine M. O'Neill, Mayor of the City of Durham, North Carolina, do hereby proclaim November 7th, 2023 as notary public day in Durham, and hereby urge all residents to take note of this observance. Witnessed by the hand and the corporate seal of the city of Durham, North Carolina, the seventh day of November 2023. Good evening, Mayor O'Neill, City Council members. I am Julie King, I co-chair the planning committee for the North Carolina Notary Association. And today we gather to celebrate National Notary Day, a special occasion dedicated to recognizing the invaluable role that notaries play in our society. Notaries are the unsung heroes of legal documentation, the guardians of truth and integrity in our official records. A notary's duty is to verify and authenticate important documents, ensuring their authenticity and preventing fraud. In a world filled with countless transactions and agreements, notaries provide an essential service that helps us navigate the complex web of legal documents with confidence. Notaries are entrusted with the responsibility of upholding the highest standard standards of professionalism, professionalism, ethics, and impartiality. Their impartiality ensures that they serve as impartial witnesses, confirming the identities of signatories and ensuring that documents are executed accurately and willingly. They play a crucial role in upholding the rule of law, protecting our rights, and facilitating the smooth functioning of our society. To all notaries in the state of North Carolina and the county and city of Durham, thank you for your hard work and commitment. Your dedication to the principles of trust and honesty is something we admire and depend on. Happy National Notary Day. And thank you for that energy.
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