Durham City Council Meeting – November 18, 2024

The Durham City Council met on Monday, November 18, 2024, at 7:00 PM in the Council Chambers at 101 City Hall Plaza. The meeting included ceremonial proclamations, council announcements, a consent agenda with 20 items, and four public hearings. Key decisions included approval of a zoning change for a hotel-to-apartment conversion with affordable housing, and two contested annexations and rezoning requests for townhouse developments in southeast Durham, each passing on 4-3 votes.

Ceremonial Items & Announcements

• Proclamations: Grandfamily Day of Appreciation and Wall Street Juniors Day 2024.
• Recognition of the Durham City-County Planning Department for receiving the Marvin Collins Award for the Comprehensive Plan.
• Council announcements: Councilmember Cook noted the restoration of drinking water to Asheville after Hurricane Helene; Councilmember Caballero highlighted the World Day of Remembrance for traffic victims and the participatory budgeting retreat; Councilmember Freeman expressed concern about ongoing elevator issues at JFK Towers and recent gun violence; Councilmember Rist emphasized the need for zero traffic deaths and pledged to improve city governance; Mayor Pro Tem Middleton defended Durham against a media story about crime "spilling over" into Wake County; Mayor Williams reiterated the city's commitment to respectful discourse.

Consent Calendar

All 20 items were approved unanimously by a single vote. These included board and commission appointments, budget schedule, contract modifications, service contracts, property acquisitions, grant acceptances, and street/utility acceptances.

Public Comments & Testimony

Doc Nichols Towns (Item 23) – Multiple residents spoke in opposition:

• Doni Nichols (online) stated she moved to the area for its rural character and was unaware of the rezoning until late. She cited drainage issues, insufficient infrastructure (police, fire, schools), and a 600% projected traffic increase on Doc Nichols Road.
• Wanda Allen (online) asked when the city will require stormwater management standards that exceed minimum UDO, noting that taxpayers have spent $46.7 million (FY20-23) to clean streams affected by development.
• Pam Williams (in person) argued that cumulative traffic from 11 planned developments will exceed road capacity (12,700 vehicles/day), and that the proposal offers only minimum open space and tree coverage, with no cumulative impact analysis.
• Pamela Andrews (in person) raised concerns about sediment pollution in Lick Creek and the lack of commitment to exceed UDO requirements for stormwater and tree retention.

Tri-Creek (Item 24) – Same speakers reiterated opposition:

• Pam Williams emphasized that the area is already overwhelmed with townhomes (824 units shown on her map), and that the 10-foot right-of-way dedication is insufficient compared to the 25-foot dedications from other nearby projects.
• Pamela Andrews presented photos of sediment runoff after light rain, and cited planning commissioners’ comments criticizing the minimal affordable housing proffers ($20,000 to housing fund, $5,000 to schools) and the lack of green building or universal design commitments.

Note: A third speaker, Holly Bonnik Jones, registered but could not connect; she was directed to submit written comments.

Discussion Items

Item 21 – Consolidated Annexation Constitution Drive Right-of-Way – Staff presented a request to annex 0.92 acres of right-of-way to allow the city to eventually assume maintenance. Councilmember Cook asked about the maintenance process. Applicant Kenneth Haywood explained the road has been privately maintained since the 1970s. Approved unanimously.

Item 22 – Zoning Map Change Vivo Living Durham – Applicant Tarek Shire (Urbanist Group) requested to rezone 2.36 acres at 4515 NC Highway 55 from Office/Institutional to Planned Development Residential 53.390 to allow 126 multifamily units via adaptive reuse of an existing extended-stay hotel. Key commitments: 20% of units (25 units) restricted to 60% AMI for 30 years, $10,000 to the affordable housing fund, $10,000 to Durham Public Schools, and a bus shelter/pad if GoTriangle deems necessary. Councilmember Cook raised concerns about the $150 non-refundable application fee and screening criteria that could exclude low-income applicants. The applicant agreed to review practices and work with the Durham Housing Authority regarding voucher acceptance. Councilmember Caballero praised the project for being privately funded and not relying on public subsidies. Approved unanimously.

Item 23 – Consolidated Annexation Doc Nichols Towns – Applicant Nil Ghosh (Morningstar Law Group) requested annexation and rezoning of 4.5 acres at 1301 Doc Nichols Road from Residential Rural to Planned Development Residential 5.555 to allow 25 townhouse units. Proffers: $25,000 to the affordable housing fund (highest per-unit contribution seen, per staff) and $10,000 to schools. The applicant noted no mass grading, impervious surface limited to 50%, and use of native plants. The planning commission had a split vote (not specified). Council discussion focused on cumulative impacts, traffic, and stormwater. Councilmember Rist stated the objections were about development in general, not this specific project, and that the city is growing and all areas must bear the costs and benefits. Councilmember Caballero noted that the UDO rewrite will address some systemic issues. Councilmember Cook argued that the project is in an area already overwhelmed by development and lacks amenities, and that the council should consider context. Councilmember Freeman expressed frustration that developers “know they have the votes” and that the macro/micro discussion disrespects residents. Mayor Pro Tem Middleton defended the council’s integrity. The vote was 4-3 in favor (Williams, Middleton, Rist, Caballero yes; Baker, Cook, Freeman no). The annexation, zoning, and consistency statements were approved with the same split on the first two motions, and the consistency statement passed unanimously.

Item 24 – Consolidated Annexation Tri-Creek – Applicant Tim Sivers (CUNY) requested annexation and rezoning of 5.801 acres at 6005, 6017, and 6023 Leesville Road from Residential Rural to Planned Development Residential 3.768 to allow 20 townhouse units. Access will be through an adjacent development to the north, not directly from Leesville Road. Proffers: $20,000 to the affordable housing fund, $5,000 to schools. The applicant committed to 50% impervious limit and a 10-foot multi-use path. Councilmember Cook asked about student generation rates; staff noted a new, more accurate model from Durham Public Schools gives lower estimates. The vote was 4-3, same as Doc Nichols Towns, with the same council members voting no on the annexation and zoning motions, and the consistency statement unanimous.

Item 25 – Zoning Map Change Caring House Expansion – Applicant Nil Ghosh (Morningstar Law Group) requested an amendment to the existing development plan for 3.97 acres at 2625 Pickett Road to allow Caring House, a nonprofit providing housing for Duke Cancer Institute outpatients, to expand from 18 to 24 rooms. The amendment removes outdated impervious and setback limits and a right-of-way dedication that the city no longer needs. All UDO and stormwater standards will apply. Councilmember Caballero asked about impervious limits; staff clarified that the site is not in a watershed overlay, so default is 100% impervious, but the existing site plan will still be reviewed. Approved unanimously.

Key Outcomes

• Consent Agenda: Approved 7-0.
• Item 21 – Constitution Drive Annexation: Approved 7-0.
• Item 22 – Vivo Living Durham Zoning: Approved 7-0.
• Item 23 – Doc Nichols Towns: Annexation and zoning passed 4-3 (Baker, Cook, Freeman no); consistency statement passed 7-0.
• Item 24 – Tri-Creek: Annexation and zoning passed 4-3 (same minority); consistency statement passed 7-0.
• Item 25 – Caring House Expansion: Approved 7-0.

All votes were recorded and will be included in the official minutes. The meeting adjourned after the Caring House vote.