Durham City Council Meeting - April 2, 2024: Rezonings, Affordable Housing, and Proclamations
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Durham City Council Meeting - April 2, 2024
The Durham City Council met on April 2, 2024, at 7:00 PM. The agenda included proclamations, council announcements, consent agenda, and three public hearings on zoning and annexation requests. Key discussions focused on an Equal Business Opportunity Program (EBOP) ordinance, the Aura 751 multifamily development, and the Lee Valley townhome/quadplex project. The council voted to approve the EBOP ordinance and the 751 project, continued the Lee Valley case, and adopted the consent agenda.
Consent Calendar
- Approved 18 consent items, including appointments to boards, bid reports, budget guidelines, grant agreements, and several annexations (items 1–10, 12–20) after pulling item 11 (EBOP) for separate consideration. All other consent items passed unanimously.
Public Comments & Testimony
- Aura 751 (Item 20): Multiple residents of nearby neighborhoods (The Reserve at South Point, Eagle Point) opposed the project, citing traffic safety on NC 751, insufficient affordable housing (22 of 350 units at 60% and 80% AMI), environmental impacts to a natural heritage area and wetlands, and a lack of a traffic impact analysis. One speaker (Cal Cunningham) spoke in support on behalf of the landowners, emphasizing the legacy of the property owners and the project’s alignment with Durham’s growth and affordable housing needs.
- Lee Valley (Item 21): One resident from Falconbridge opposed the project, expressing concern that traffic on Farrington Road and NC 54 is already congested and that the addition of 310–340 units, mainly car-dependent, would exacerbate conditions without adequate infrastructure.
Discussion Items
- Item 11 – EBOP Ordinance Revision: Councilmember Baker moved to amend the ordinance by striking the word “aspirational” before “goals,” arguing that goals should be stated as firm targets. City staff and the City Attorney explained that state law prohibits quotas, and the term “aspirational” clarifies the city’s good-faith effort. After debate, the council voted 6–1 (Mayor Pro Tem Middleton opposed) to adopt the amendment. The revised ordinance and implementation policy then passed unanimously.
- Item 20 – Aura 751 Annexation and Rezoning: The applicant sought to annex 11.92 acres on NC 751 and rezone from Residential Rural to Planned Development Residential 30.594 to build up to 350 multifamily units. Staff reported the Planning Commission had recommended denial 9–0. The applicant proffered additional commitments, including a 75-foot building setback, preservation of a natural heritage area, green building certification, 10 EV charging stations, a 5-foot off-site sidewalk connection, and 22 income-restricted units (11 at 80% AMI for 30 years, 11 at 60% AMI). Council discussion addressed compatibility with surrounding single-family homes, traffic impacts, connectivity to nearby commercial areas via sidewalks and transit, and the project’s consistency with the comprehensive plan. Most council members expressed support, emphasizing the need for diverse housing types and the project’s improvements since the Planning Commission vote. The council approved the annexation, rezoning, and consistency statement, all by 7–0 votes.
- Item 21 – Lee Valley Annexation and Rezoning: The applicant proposed annexing 29 acres and rezoning from RS-20 to Residential Compact to allow 310–340 townhomes, multiplexes, and/or quadplex units. The Planning Commission had recommended approval 8–5. Council discussion centered on the project’s consistency with the Transit Opportunity Area (TOA) designation, the lack of mixed-use or commercial components, the alignment of a planned collector street, and the isolation of adjacent parcels. Councilmember Baker moved to continue the hearing to September 3, 2024, to allow coordination with a neighboring large development project that could affect the street alignment and overall community design. The applicant agreed, and the continuance was approved unanimously.
Key Outcomes
- Approved: Consent agenda (unanimous); EBOP ordinance amendment (6–1) and revised ordinance (7–0); Aura 751 annexation, rezoning, and consistency statement (all 7–0); Item 22 (1324 Bungalow Avenue) annexation and rezoning (unanimous).
- Continued: Lee Valley project (Item 21) to September 3, 2024, with public hearing held open.
- Directives: Staff and applicant to work with MPO and adjacent property owners on collector street alignment before the September hearing.
- Announcements: The State of the City address is scheduled for April 9, 2024, at the Carolina Theatre. Future work sessions will be held in the committee room (upstairs) with updated technology.
Meeting Transcript
Two minutes until we air. One minute until the live stream. I think the two of us are evil for those of the bottom right. Okay. One minute until we air. We are now live streaming. Good evening, everyone, and welcome to the city hall. It's good to see everyone, colleagues, good to see you all. Uh we are going to call this meeting to order at seven PM. And if we will, let's have a moment of silence, please. Thank you. At this moment, we'll have the Pledge of Allegiance led by Councilmember Freeman. Thank you. It's our practice to stand to salute the flag. Thank you. Madam Clerk, can you please call the roll? Mayor Williams. Here. Mayor Pro Tem Middleton. I'm here. Councilmember Baker. Here. Councilmember Caballero. Councilmember Cook. Here. Councilmember Freeman. Present. Councilmember Wrist. Here. Thank you. Councilmember Caballero is here. She went upstairs to uh get get something. Get her stuff. All right. At this time, we um colleagues, do you have your proclamations? All right. At this time we have a few proclamations to read, ceremonial items. Uh Councilmember uh Cook, you would please go first. Good evening, everyone. Um, if I could have Grace Jones and Liz Schronenberger come join me. Okay, great. All right, this is gonna be our Fair Housing Month uh proclamation. So whereas the Fair Housing Act enacted on April eleventh, nineteen sixty eight enshrined 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 origin, and disability, and commits recipients of federal funding to affirmatively further fair housing in their communities. Whereas Durham is committed to the mission and intent of Congress to provide fair and equal housing opportunities for all, whereas our social fabric, the economy, health, and environment are strengthened in diverse, inclusive communities, and whereas more than 50 years after the passage of the Fair Housing Act, discrimination persists, and many communities remain segregated, segregated. And whereas acts of the housing discrimination and barriers, acts of housing discrimination and barriers to equal housing opportunity are repugnant to a common sense of decency and fairness. Now, therefore, I, Leonardo Williams, mayor of the City of Durham, North Carolina, do you hereby proclaim the month of April 2024 as fair housing month in the city of Durham and hereby call upon all residents and encourage all citizens to join activities and discussions that promote understanding, support, and awareness of fair housing. Witness my hand on the corporate seal of the city of Durham, North Carolina this 18th day of April 2024. Hi, I'm Grace Jones. I'm the president of the uh Durham Regional Association of Realtors, and we appreciate the proclamation and and of course we're always looking for fair housing. I just want to remind everybody that affordable housing and attainable housing are two different things, and we're striving for both.
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