Durham City Council Regular Meeting - August 6, 2024

The Durham City Council held its regular meeting on August 6, 2024, marking its return from a summer break and the resumption of streaming on Channel 8. The meeting featured the announcement of City Manager Wanda Page's retirement after 36 years, public hearings on three rezoning and annexation cases, and extensive debate on development standards and environmental impacts in Southeast Durham. The council approved a consent agenda and the first two development cases, while the third case on Sharon Road passed by a split vote following significant discussion and a late-stage proffer for affordable units.

Consent Calendar

• The council approved the consent agenda 7-0, which included appointments to various boards and commissions, contract approvals for software and construction projects, a resolution for Kroger opioid settlement funds, and an ARPA project for digital literacy training.

Public Comments & Testimony

A substantial portion of the meeting featured public testimony on Item 26 (433 Sharon Road / M/I Homes / Alford Tract). Residents expressed strong opposition and concern regarding the cumulative impacts of development in Southeast Durham.

• Wanda Allen urged the council to halt development approvals, arguing that current sediment and erosion control standards are not working for the region's soil and that taxpayers have paid an estimated $79.3 million to clean up Falls Lake and its tributaries.
• Tina Motley Pearson highlighted infrastructure deficits in Southeast Durham, including 140 police officer vacancies and overcapacity on NC Highway 98, urging a no vote on further development.
• Tammy Suiway presented maps showing steep downhill topography to Lick Creek and noted there are 59 developments in various stages in the area, arguing that sediment from grading and blasting would flow directly into Raleigh's drinking water source.
• Pamela Andrews displayed photos of bright red sediment runoff, noting that only 7 of 34 active permits in the Lick Creek watershed follow the new 2023 sedimentation rules, monitored by only 5.5 erosion control technicians citywide.
• Pam Williams requested larger road buffers, greater tree preservation targets, and stronger stormwater practices, arguing that current minimum standards fail to provide privacy or environmental protection for residents.
• Donna Steinbeck requested a firm no-blasting commitment, citing risks to nearby wells and homes, and referenced Junction Road residents who have been without safe drinking water for nearly two years after nearby blasting.
• Rebecca Freeman stated the development lacked walkable and bikeable amenities, would become a heat island, and argued the density was too high for the congested corridor.

Discussion Items

• City Manager Retirement: City Manager Wanda Page formally announced her retirement at the end of the calendar year after 36 years of service. Council members offered tributes to her leadership and legacy.
• Item 24: Clayton Road Townhomes: A request to annex and rezone 5.075 acres for 35 townhouses, including a $35,000 housing fund contribution. Councilmember Cook expressed frustration that no affordable units were proffered and that blasting commitments were not finalized. The project was approved 5-2.
• Item 25: 1414 NC Highway 54 (Office Rezoning): A request to rezone 0.582 acres for a small office use, including demolition of a derelict structure. The council discussed BPAC recommendations for pedestrian connectivity, which the applicant stated were often constrained by NCDOT standards. The project was approved 7-0.
• Item 26: 433 Sharon Road / M/I Homes (Alford Tract): The most heavily debated item. The applicant requested annexation and rezoning of 13.22 acres for up to 100 townhouses. In a major change from the planning commission stage, the applicant announced a new proffer of 5% of units affordable at 80% Area Median Income for 30 years (replacing a $120,000 cash proffer), a reduction of maximum impervious cover to 60%, 20.5% tree coverage, 100-year stormwater management, and green building certification.
  • Councilmembers Cook, Baker, and Freeman expressed strong reservations. Councilmember Baker argued the macro development pattern in Southeast Durham constitutes a "climate crisis" driven by corporate sprawl, but noted this specific infill site and the new proffers made the decision complicated; he voted no on the annexation. Councilmember Freeman stated she could not support the project, describing it as adding insult to injury in an area with severe creek and infrastructure problems. Councilmember Ritz and Caballero supported the project, citing the need for housing supply, the affordability proffer, and the environmental improvements over base zoning. Mayor Pro Tem Middleton defended the good faith of all members and emphasized the legal and practical complexity of voting decisions. Mayor Williams stressed realism about state law and the leverage available during rezoning, stating that rejecting projects often results in less regulated by-right development.

Key Outcomes

• Consent Agenda: Approved 7-0.
• Item 24 (Clayton Road Townhomes): Annexation and UDO amendment approved 5-2 (Cook, Freeman opposed).
• Item 25 (NC 54 Office): UDO amendment and consistency statement approved 7-0.
• Item 26 (433 Sharon Road / Alford):
  • Annexation approved 4-3 (Williams, Middleton, Caballero, Ritz in favor; Cook, Baker, Freeman opposed).
  • UDO amendment approved 5-2 (Cook, Freeman opposed).
  • Consistency statement approved 7-0.
• City Manager Transition: Page to retire at the end of the calendar year; transition process begins.