Durham City Council Meeting: February 8, 2024 – Cortez Drive Townhomes Zoning Denied
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Durham City Council Meeting: February 8, 2024
The Durham City Council met on February 8, 2024 at 7:00 PM. Key actions included approving a consent agenda with amendments, hearing public comments on the Cortez Drive Townhomes zoning case, and ultimately denying the zoning map change. The meeting was briefly interrupted by a protest related to a ceasefire resolution.
Consent Calendar
- Approved consent agenda items 1–14 and item 5 (Resolution in Support of Black Teens in Crisis) with a friendly amendment to remove Roman numerals at the end of each paragraph and change the word "church" to "faith-based organization" in the seventh whereas clause. The motion passed by hand vote.
Public Comments & Testimony
- Cortez Drive Townhomes (Item 15):
- Opponents:
- Donna Stanback (lifelong Durham resident) raised environmental concerns: high impervious surface (70%), minimal tree coverage (20%), impaired streams, lack of 100-year stormwater basin, and potential blasting impacts. Requested application of new UDO standards.
- Andrew Hefner (fleet safety expert) argued traffic safety on Angier Avenue is already critical; a single exit will cause dangerous conditions for pedestrians, cyclists, and motorists.
- Paul Joffrin (Pleasant Drive resident) said the project does not conform to the comprehensive plan’s place type map, would increase market-driven displacement in a naturally occurring affordable housing (NOAH) neighborhood, and would add 2,100 vehicle trips per day to a congested road.
- Lila Needham (Pleasant Drive resident) noted the only access is from Angier Avenue, a proposed stub-out to Pleasant Drive would go through her backyard, and previous concerns were not addressed.
- Quay Weston (new father, 27713 resident) opposed the 3% affordable housing (9 units out of 282), a one-time $36,000 donation to DPS, and the project’s misalignment with the comprehensive plan. He linked the housing crisis to the Palestinian situation; the mayor ruled him out of order for comments not germane to the item.
- Proponent:
- Za Nine Toon (online) supported the project, stating Durham needs affordable housing and it will boost the economy.
- Opponents:
Discussion Items
- Item 5 – Resolution in Support of Black Teens in Crisis: Councilmember Caballero requested removal of Roman numerals and changing "church" to "faith-based organization." Adopted via friendly amendment.
- Item 15 – Cortez Drive Townhomes Zoning Map Change:
- Staff Report: Alexander Cahill (Planning) provided history: the case was deferred multiple times since September 2023; no changes from last presentation.
- Applicant Presentation: Neil Ghosh (Morningstar Law Group) represented the applicant (CSC Group, not final builder). Proposed 282 for-sale townhomes on ~47 acres, 100% townhomes (previously mixed with single-family). 20% of units under 1,700 sq ft, 3% affordable at 80% AMI for 30 years. Price points: surface-park units mid-$200s, garage units high $300s. Committed to traffic improvements, a bus pull-out (subject to GoDurham decision), and a signal at Angier/Pleasant if warranted. Cited opening of East End Connector and planned grade-separated rail crossing (2027) as traffic mitigations.
- Council Discussion:
- Councilmember Freeman questioned environmental compliance, unit count (282), and a proposed road stub-out near Pleasant Drive; applicant clarified no road through private property.
- Councilmember Cook asked about square footage minimum (1,700 sq ft for 20% of units) and price point discrepancy; applicant noted median price reports from staff were not project-specific.
- Councilmember Caballero supported, arguing by-right development (94 single-family homes) would yield less affordable housing, fewer commitments, and no community benefits.
- Councilmember Baker opposed, citing inconsistency with the comprehensive plan’s vision for a mixed-use, walkable neighborhood on a 47-acre site; he noted the Planning Commissioner called it “classic single-use, auto-dependent sprawl.”
- Councilmember Freeman also opposed, citing environmental impacts and lack of mixed-use.
- Mayor supported, citing need for middle-market housing and risk of developer building expensive homes by-right.
- A protest from the audience disrupted the meeting; after clearing the chamber, the council resumed and rejected a continuance motion.
Key Outcomes
- Consent Agenda: Approved with friendly amendment (hand vote, unanimous).
- Cortez Drive Townhomes Zoning Map Change (Item 15): Motion to adopt the rezoning ordinance failed (hand vote; no explicit tally, but motion did not pass). A subsequent motion to adopt the consistency statement also failed. The project is denied.
- Next Steps: The council will meet again on Thursday, February 12 (work session). The meeting adjourned at 8:58 PM.
Meeting Transcript
One minute to air. We are now streaming. All right, give me just a moment so our uh council members can make it through the crowd. Time off up there. Okay, that's right. Councilmember Freeman is coming. All right, I'll go ahead and get started. All right, we're gonna call this meeting to order tonight at seven PM. Welcome everyone. Welcome, welcome, welcome to City Hall. If you all will just give me just a moment, all right. If we can um if we will, let's just uh start off with the moment of silence and let us gather ourselves and let some peace center us. We will have a thank you very much. Madam Clerk, I'm sorry, um Councilmember Freeman, would you please lead us in the Pledge of Allegiance? Thank you. It's our practice to stand to salute the flag and say little pledge. For which it stands one nation under God indivisible liberty and justice law. Thank you. Madam Clerk. I'm here. Mayor Potem Middleton has requested an excused absence. Councilmember Baker. Here. Councilmember Caballero. Here. Councilmember Cook? Here. Councilmember Freeman. Present. Councilmember Rist. Here. Thank you. Right. And uh because Mayor Pro Tem Middleton requested an excuse absence via email. I think we need to formally uh excuse him. So I'll entertain a motion to uh approve the absence of Mayor Pro Tim. So move. Second. It's been moved and properly second. All in favor? Aye. Aye. Thank you all so much. All right. At this time, I would like to uh entertain any um any announcements or comments by council members. Councilmember Cook. Uh thank you, Mayor. Um, I would like to make a motion to have a resolution and a statement to be added to the agenda for our work session for this coming Thursday. Yeah, you won't need a motion, we got you. Excuse me.
openpublica.com