Durham City Council Meeting: Proclamations, Development Approvals, and Annexations – September 16, 2024
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Durham City Council Meeting – September 16, 2024
The Durham City Council met on Monday, September 16, 2024, at 7:00 PM in the Council Chambers. The meeting included four ceremonial proclamations (Welcoming Week, National Night Out, World Alzheimer’s and Dementia Awareness Day, and Adult Education and Family Literacy Week), announcements by council members, and a consent agenda covering 22 items plus one supplemental item. Two consent items were pulled: Item 4 (DHA Board appointment) for public comment and Item 20 (bulk water chemical contract) referred back to staff. The council then conducted a quasi-judicial hearing for Lyons Farm Elementary School (Item 27) and held public hearings for three annexation and rezoning cases (Items 28, 29, 30). Key decisions included unanimous approval of the elementary school permits, approval of a 432-unit multifamily development at 5802 South Miami Boulevard (6-1), a 12-unit single-family annexation on Hurley Road (unanimous), and a 415-unit multifamily development on Farrington Road (unanimous) with added commitments.
Consent Calendar
- Items 1–22 (except Items 4 and 20) were approved unanimously. This included appointments to city boards and commissions, contracts for historic neighborhood signs, bridge engineering, utility agreements, bulk water chemicals, digital evidence storage, transit vehicles, watershed protection, and more.
- Item 20 (bulk water treatment chemical contract with Carus LLC) was referred back to the Water Management Department.
- Supplemental Item 31 (FAA Airport Improvement Program Grant Offer of $10,000,000) was approved as part of the consent agenda.
Public Comments & Testimony
- Item 4 – DHA Board Appointment: Resident Isha Lyons, a 30-year public housing resident and former community leader, expressed concerns about Durham Housing Authority’s accounting, maintenance, and treatment of residents. She asked that the new board member call for accountability. The City Manager’s staff agreed to work with her directly. The appointment of William B. Clark was subsequently approved unanimously.
- Item 30 – Farrington Road Multifamily: Raj Nish Patil, a nearby homeowner, spoke online requesting that the developer extend the taper of a left-turn lane on Farrington Road to improve safety for his driveway, and asked about fence line offset and preservation of mature trees and drainage. The applicant declined to commit to the taper extension due to spacing and safety concerns but noted that tree preservation is addressed in the plan.
Discussion Items
- Lyons Farm Elementary School (Item 27): The council conducted a quasi-judicial hearing for a Major Special Use Permit, Transportation Special Use Permit, and Major Site Plan to construct a 716-student elementary school on Scott King Road. The applicant, Rhinel Stevenson of DRMP, presented evidence that traffic impacts would be minimal and mitigated by improvements (turn lanes, stacking, pedestrian paths). No opponents testified. Staff recommended approval. The council approved all three motions unanimously.
- 5802 South Miami Boulevard Multifamily (Item 28): The applicant sought annexation and rezoning to Planned Development Residential 37.978 for an 11.375-acre site to build 432 multifamily units (reduced from 540 due to new tree protection ordinance). Commitments included 15 income-restricted units (3.5% at 60% AMI for 10 years), structured parking, 28% tree coverage, and green building measures. Council debate focused on affordable housing percentages and duration, connectivity across NC 54, and the trade-off between tree preservation and density. Councilmember Cook pushed for longer affordability and higher percentages; the applicant noted cost constraints. Councilmember Freeman voted against all three motions, citing insufficient community benefits. The applicant later offered a $50,000 donation to Durham Public Schools. The motions passed 6-1.
- Hurley Road Annexation (Item 29): The applicant, Albert Fontenelle, a sole proprietor and 40-year Durham resident, sought annexation and rezoning of a 1.03-acre parcel on Clayton Road to Residential Suburban-Multifamily to allow up to 12 single-family homes. The planning commission had split 5-5 due to lack of detail. The applicant clarified he would build at least 5 homes, possibly 12, but could not commit to affordability. Council members noted the suitability of the project for the area and the applicant’s limited resources. All three motions passed unanimously.
- Farrington Road Multifamily (Item 30): The applicant, Neil Ghosh of Morningstar Law Group, presented a 19.549-acre project with up to 415 multifamily units (including townhomes and stacked flats) on Farrington Road. After extensive community engagement with the adjacent Culp Arbors neighborhood, the applicant increased its affordable housing commitment from ~2% to 5% of units (at 60% AMI for 30 years), added green building certification (e.g., LEED, Energy Star), provided 4 EV parking spaces, and committed $64,500 to Durham Public Schools. Traffic calming measures and massing transitions were included. Councilmember Baker and others praised the improvements. All three motions passed unanimously.
Key Outcomes
- Consent Agenda (except Items 4 and 20) approved unanimously.
- Item 4 – William B. Clark appointed to DHA Board (unanimous after public comment).
- Item 20 – Referred back to Water Management.
- Item 27 (Lyons Farm Elementary School) – All three motions (Major Special Use Permit, Transportation Special Use Permit, Major Site Plan) approved unanimously.
- Item 28 (5802 South Miami Blvd) – Three motions (annexation, Zoning Map amendment, Consistency Statement) passed 6-1 (Councilmember Freeman dissenting). Applicant committed $50,000 to Durham Public Schools.
- Item 29 (Hurley Road) – Three motions passed unanimously.
- Item 30 (Farrington Road) – Three motions passed unanimously. Additional commitments: 5% affordable units at 60% AMI for 30 years, green building certification, 4 EV parking spaces, and $64,500 to Durham Public Schools.
- Item 31 (FAA Airport Grant) – Approved as part of consent agenda.
Meeting Transcript
Well, hello, everybody. It's good to see you all again. And colleagues, it's good to see you all. Um we are calling this meeting to order at 7 p.m. And if you will join me in a moment of silence. Thank you. All right, we'll pass it over to Councilmember Freeman. Thank you. It's our practice to stand to salute the flag and say the pledge. Thank you. Madam Clerk, will you please call the roll? Good evening, Mayor Williams. I'm here. Mayor Pretent Middleton. I'm here. Councilmember Baker. Here. Councilmember Galeito. Here. Councilmember Cook. Here. Councilmember Freeman. President and Councilmember Rist. Here. Thank you. We have a few ceremonial items tonight, and we will start with the welcoming week. A proclamation will that will be read by Councilmember Calrist. Thank you, Mr. Mayor. I'd like to welcome up Naio and any other folks you'd like to join. Great. Thank you. So um so in 1957, uh my father, Carson Albert Rist, um hopped on a freighter in Bremen, West Germany, bound for the United States. He landed in Norfolk, Virginia. From there he got on a bus, a Greyhound bus two weeks later, two weeks, two days later. He arrived in the Colorado Rockies, middle of the Rockies in a small town named Leadville, Colorado. Um and thus began his American dream. Um my family is eternally grateful to the citizens of Leadville and his colleagues at the Climax Melybana, where he worked, for embracing him fully as an American and for welcoming him in this country. And it's for that reason I have great joy in reading this proclamation this evening. So thank you for joining me. Whereas Welcoming Week was launched in 2012 by Welcoming America as an annual campaign and celebration to showcase the movement of communities striving to be more welcoming places for all, including immigrants. And whereas U.S. Census data reflects that 14.7% of the city of Durham's population is foreign-born compared to 13.5% of the nation's population being foreign-born. Welcoming week provides individuals and communities the opportunity to proclaim and exercise their welcoming values through events and initiatives that build stronger relationships between native-born and foreign-born residents. And whereas the City of Durham strives to be a welcoming, diverse, and innovative community that prioritizes racial equity and ensures that those who have been historically excluded from decision making have voices. And whereas the City of Durham aims to strengthen its foundation and improve the quality of life for all residents through its commitment to foster communities that are connected, engaged, and diverse. Actually, I also want to say one thing. So I also had the great joy last Saturday of going to the first event in Welcoming Week, which was the International Soccer Tournament, which is a lot of fun in Herman Park. Um not only helped to organize that, but was also a participant in the in the soccer game. So NIO's got some mad skills.
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