Good evening, friends, neighbors.

It is August 18th, 7 o'clock PM.

I'd like to officially call this meeting of the Durham City Council to order to faithfully discharge the business of the people of Durham.

Good evening to my honorable colleagues, to all of our friends and neighbors in chamber and to all of our residents and friends on whatever platform you may be watching.

His honor, the mayor is traveling on business in accordance with our ordinance and ordinances and charter.

As Mayor Pro Tem, I'll be assuming the gavel tonight.

We wish his honor uh well in his travels and after we establish quorum, I'll be asking colleagues for an excused absence uh for him.

At this time, I invite you all to join me in a moment of silent meditation.

Thank you.

At this time, I'm going to yield to my honorable colleague, Councilmember Freeman, to lead us in the Pledge of Allegiance.

Thank you.

It's our practice to stand, salute the flag and say the pledge together if you'd like to join us.

Liberty Justice.

Thank you all so much.

Madam Clerk, would you please call the roll?

Absolutely.

Good evening, everyone.

Um Mayor Williams has requested an excused absence.

Mayor Pro Tem Middleton.

I'm here.

Councilmember Baker.

Here.

Councilmember Caballero.

Here.

Councilmember Cook.

Here.

Councilmember Freeman.

Present.

Councilmember Riss.

Here.

Thank you.

Thank you, Chair's opinion.

Quorum is established.

We can get down to the business of the people.

Colleagues, I'll be asking for the excuse absence after we uh go through our announcements.

At this time, I'm going to yield to my honorable colleagues for any announcements.

Good evening, Councilmember Cook.

Um, good evening.

Just want to say thanks all for being here.

I don't have any announcements tonight.

Good evening, Councilmember Baker.

Good evening.

Uh and good evening to to everyone who is here and welcome.

And I'm so happy to see you all.

I just want to extend my warm welcome to Duke and NCCU students who are coming into town and uh welcome uh to Durham and welcome back to Durham.

It's also back to school season, so I want to wish teachers and parents and students um an exciting and safe and enriching beginning to uh the school year.

And I also want to uh there there was a report in the news recently I saw I want to encourage uh people to get their vaccines.

Uh Durham is actually a little bit lower than where should we should be in terms of vaccinations, especially measles.

Um I I highlight that because um because student vaccination rates are really important, um, and also because there's so much misinformation, measles outbreaks in Texas.

Um let's just make sure to uh kit get our kids uh vaccinated.

Um and then of course it's been another two weeks, which means there's been more news from our federal government, abducting families, uh consolidating power, eroding democracy, uh cutting programs and services uh and jobs um that are affecting us right here in Durham.

Um so I want to applaud all the work that's being done across Durham uh to push back against this.

Uh we'll all we'll continue organizing, continue doing that work.

Uh and meanwhile, uh we got to pick up the trash.

Uh we need to provide clean water, resurface the roads, and so there's there's a lot of great work that so many people across our city are doing.

Um, and I feel very encouraged and optimistic because of the amazing people that we have here in our beautiful city.

So I look forward to to this meeting and and working uh with my colleagues.

Thank you.

Thank you, Councilmember.

Council Caballero, good evening Councilmember Caballero, good evening.

Good evening, good evening, everyone.

Good to be here with you all.

Uh just very briefly, I want to shout out the Latino Credit Cooperative Union, L C C U.

They celebrated their 25th anniversary.

I think it was two weeks ago.

Um, and that is an entity that has over a billion dollars in assets in between North and South Carolina, and they are homegrown in Durham.

They are a powerhouse uh micro lending, setting up all kinds of families that normally wouldn't be able to borrow money for cars or purchase a home or get a small business loan.

And they have done incredible work uh in Durham and across the state of North and South Carolina, and so I just want to shout them out uh this evening and that is all.

Thank you.

Thank you, Councilmember.

Councilmember Fre Freeman, good evening.

Council All right, we'll we'll go on come back swing back to work.

Councilmember Riss, good evening.

Thank you, Mayor Pro Tem.

Good evening, uh colleagues, staff, residents.

Glad to see you all.

Um Mayor Pro Tem, good to see you in the in the chair seat there.

Congrats.

Thanks for leading us tonight.

Um I just got a couple things.

Um I've been thinking a lot about transportation the last couple weeks.

Um and you know, part of our challenge here and as city council members is not only to govern for the challenges we have at the present, but really to lead this city going forward, city and region going forward and look anticipating things we're gonna need in the next 15-20 years.

One of those is transportation.

So the day after our last work session, um, Councilmember Caballero and I, uh Commissioner Jacobs, and many staff were at a meeting of the Regional Transportation Alliance.

That's a region wide group of business leaders, elected officials and planners thinking about how do we plan for the transit of the future that we need in this growing region, right?

Um so we had an important presentation on bus rapid transit, which you all have heard a lot about.

This is all often referred to as buses resembling trains.

It's a quicker way to get to transit.

That's we're working hard on that in Durham as well as in Raleigh and Chapel Hill.

And so our our BRT line, this our first one that's gonna run between Duke and Wellness Village is moving forward.

A lot of other BRT lines are planned in the region, and there's an there's effort to link those BRT lines up.

So it's more on that to come, but that's a big part of what we're doing regionwide to make sure we build in more transit in our communities and get less car dependent.

The second thing is, you know, when we talk about this region, you we there's always this challenge how do we get people to the airport without taxis or cars, right?

And so, you know, we've got I-40 there, but the challenge also, even if you have trains or a bus rapid transit on 40 is how do you get from 40 to the airport?

So there's a new idea we talked about there called a RDU exchange station, which would essentially be a station that would be right above 40, where BRT lines could come in from Durham, from Kerry and elsewhere, right there above 40, and then shuttles from the from the RDU would come down to this exchange station and provide a way that you could actually get to the airport with shuttles and transportation that wouldn't be a car.

So it's an innovative idea.

It's not gonna happen tomorrow, but this is part of the transportation planning we're working on.

Again, your staff, your regional planners, and your elected officials.

The last thing I want to say is that a regional rail conversations continue.

So we don't have the light rail, but we're still talking about now passenger or regional rail.

That's the new conversation.

Um even with the change of administration, the federal railroad administration is still funding trains, right?

So we're we've got a plan in our regional transit planning organization to work towards this idea of passenger or regional rail, essentially running on the Amtrak lines.

And so one challenge, and that would be like shorter trains, more frequent travel, so we could get between Raleigh, uh, Durham.

But the other thing is that we don't have an RTP station.

And so at our at our meeting last uh Wednesday, right, of the joint city county planning committee, which is I'm sorry, joint city county committee that's both county commissioners and city council members.

We had a meeting or a presentation for the NC DOT about the development of an RTP rail stop.

So again, this is kind of long-range planning, but that rail stop at RTP would be designed to connect with the Triangle Mobility Hub, which go Triangles Building to link buses and bus rapid transit in the park.

So all these things are pieces, building blocks we're putting together for the next transportation needs we're gonna have going forward in the future.

So I just want to give you that sense.

I know it's kind of wonky stuff, but it really matters as we get around as we build ways to get around this community that aren't car dependent.

The last thing I want to say is that I was at a meeting last week at the recreation advisory committee that I serve on our monthly meeting.

We had a great presentation from staff.

I don't know if anyone from DPR is here.

Great presentation from staff about the major improvements that are being made at Sherwood Park, which is right off of Cheek Road, major improvements in the playground, courts, futsal court, basketball courts, and also um a large playing field there.

So great stuff that's happening with your penny for parks, but also it's also the um the EGI, the Equitable Green Infrastructure Funds are also funding that work at Sherwood Park.

So there's gonna be a groundbreaking soon at Sherwood Park.

Stay tuned for that.

Great news for the community and the folks that live near Sherwood Park.

So with that, Mayor Pretem, I yield.

Thank you, Councilmember.

Councilmember Freeman, and we'll yield to you for announcements.

Good evening to you.

Thank you.

And um I definitely did want to um commend folks with the Durham Housing Authority for jumping into action and had a concern uh over in East Durham.

And I do want to just take a moment and say I know these folks are overwhelmed with the with the federal cuts and the shortage of funding that they have and the housing, the housing stock that they have, that there's so much work to be done.

And it's incumbent upon all of us to try and work together to figure out how to support what they're doing and trying to keep folks in their homes as they face different challenges.

I also want to um I'm trying not to touch this, but I I can't help it.

The concern that's been raised for me and the last few weeks or the last I mean, it's been months, really around federal federalizing of our police officers with military on the streets in DC is concerning in a way that I'm not uh prepared to face a challenge here in Durham.

And I just want to make sure that we are all being called in on what's happening and making sure we're paying attention because uh we know that uh policing in and of itself is a problem and the way that it's formed in our country, and to militarize it becomes even more of an issue.

Uh and it can happen in any city in this country, and I'm concerned that we're not uh we're not prioritizing paying attention to what we need to in our community.

And um also on a happier note, I do want to just send a very uh big shout out to uh the honorees from this weekend at the Durham Committee on the Affairs of Black People's 90th anniversary.

For 90 years, this organization has stood in place through rough times, through all of the things I can't even imagine in the 1930s and 40s and 50s and 60s prior to civil rights.

Um all of that's been rolled back as we've watched over the years.

And so it's it's really critical that we all figure out how to come together and take care of one another in a way that's not punitive, petty, or ridiculous.

And I'll leave it at that.

Thank you.

Thank you.

Thank you, colleagues, for your announcements.

Certainly want to associate myself, uh, Councilmember Freeman with your acknowledgement of the Durham Committee on the Affairs of Black People on celebrating 90 years.

Congratulations to them.

On behalf of the city and the mayor, we want to send our best regards out uh to a delegation from Tanzania who was just recently visiting uh the City of Durham.

Uh, some of you may know that we have a sister city, Arusha, uh, in in Tanzania.

Uh, and there was a delegation who visited with us just a few days ago, had a state visit uh here to Durham and got to see our some wonderful people and go to some wonderful places.

So we wish them uh well in their travels uh back home, and we look forward to seeing them again real soon.

And finally, I just want to send a shout out to the Sidekick Academy, Master uh Freddie McNeil uh launched a leadership camp today.

I was at Aaron Harris Elementary School earlier today as their keynote speaker for a bunch of energized uh kids, young leaders, uh, who are learning leadership skills and learning how to assert themselves and learning the things that it takes to succeed in whatever area of life they choose.

So I want to congratulate them on a successful start to their summer camp.

Uh and I told them I would shout them out.

They're gonna say they wanted to come colleagues and sit in our chairs here at the uh here in the chamber.

And I'll I know we'll make that happen for them.

So good luck to all of the kids at the Sidekick Academy Summer Leadership Camp.

With that, uh colleagues Absolutely, thank you.

With that, colleagues, I'm going to ask for a motion uh to grant an excused absence to the mayor this evening.

I'll entertain that motion.

So move.

Second.

I heard a motion in a second.

Madam Clerk, would you please open the vote?

Please close the vote and report out.

The motion passes unanimously.

Thank you, His Honor is excused.

Colleagues, I'm also going to ask for an excused absence for this Thursday.

I may or may not be using it.

I need to attend a funeral on Thursday.

I want to send a condolences out to the Harris family, the Harris Johnson family.

Joe Harris is the director of public transportation, uh Director of Transportation for our Durham Public Schools.

His mom uh made her transition uh just this week, and we will have a funeral service uh this week.

Uh Joe happens to be a parishioner of mine, and his mom was like a second mom uh to me, so I will be either late or not here on Thursday.

Councilmember Freeman, I'm gonna ask if you would uh conduct that vote for me.

Of course.

Uh thank you.

Um all I need a motion.

So moved.

Second.

A motion and a second.

All in favor.

Open the vote.

So sorry for your loss.

The motion passes unanimously.

Thank you so much.

Thank you, colleagues, uh, so much for that.

All right, friends, at this time now, I will turn to our executive uh leadership uh staff for any priority items, and we will start with our city manager.

Mr.

Manager, good evening.

Good evening, Mayor Pertem, members of council.

Uh the city manager's office does have two priority items this evening.

First, agenda item number seven, the 2026 City Council meeting schedule.

Uh the 2026 City Council meeting schedule has been updated to reflect City Council's requests that you made during the August 7th, 2025 work session.

Then for agenda item number 22, that's the Walltown Small Area Plan in Place type map amendment.

Uh a presentation will be made this evening during the August 18th, 2025 City Council meeting as part of the public hearing.

Those are my priority items, Mayor Proton.

Thank you, Mr.

Manager.

At this time, I'll yield to our city attorney for any priority items you may have.

Good evening, Councillor.

Good evening, Mayor Pratem, members of the City Council.

It's good to see you.

The City Attorney's Office has no priority items tonight.

Thank you, ma'am.

At this time, I'll yield to our city clerk for any priority items.

Good evening, Madam Clerk.

Thank you, Mr.

Mayor Pro Tem.

The City Clerk's office does have one priority item.

We would like to refer item three, the board and committee report back to the city clerk's office.

Was that item three?

Yes, sir.

All right.

Thank you for that.

At this time, uh, colleagues, I'll now read for the record our consent agenda.

Our consent agenda consent agenda consists of items that the council has already had opportunity to do a deep dive on at a previous work session to treat it and ask any questions that we may have.

And because of that, we can pass all of these items with one vote.

However, any member of the public or any member of the council is free to pull one of these items off the consent agenda, and we will treat it uh after taking the vote for the rest of the consent agenda.

Uh I'll begin reading now.

Consent agenda.

Item number one, recreation advisory commission, mayoral appointment.

Item two, participatory budget steering committee appointment.

Item three has been referred back.

Uh that's boards, committees, commissions, and task force fiscal year 2024-2025, annual attendance reports.

Once again, that's been referred back.

Item number four, Durham Workers' Rights Commission appointment.

Item number five, Durham Bicycle and Pedestrian Advisory Commission appointment.

Item six, housing appeals board appointment.

Item seven, twenty twenty-six city council meeting schedule.

Item eight, Central Square Technologies, CAD to CAD Unify Cloud Subscription Service Contract.

Item number nine, American Rescue Plan Act ARPA, interlocal agreement with Durham County to support digital equity efforts.

MIFI Distribution Program Contract with Cell Co Partnership, Doing Business as Verizon Wireless.

Item number 10, Amendment No.

To professional services contract, SW50D, North Duke Street, Sidewalk Improvements, TIP number EB-5715.

Excuse me.

Item number 11, installment purchase contract, series 2025.

Item 12, cooperative group purchase contract, Hazmat truck.

Item 13, Second Amendment to Service Agreement for Project Management Consulting Services with Turner and Townsend Heary, LLC.

Item number 14, parking facility, structural maintenance.

Package number one, project contract, change order, number five with Carolina Restoration and Waterproofing Inc.

Item 15, First Amendment to the Solid Waste Management, Yard Waste Repairs Engineering Engineering Services.

Agreement with Smith Gardner, Inc., Item 16, Environmental and Street Services Administration Building, Roof and Envelope Repairs Design Contract with RD Architects PA.

Item 17, Resolution Approving Street Closures for the 2025 Movable City Open Streets and 2025 Durham Holiday Parade.

Item 18, FY26 Transit Grant Project Ordinances.

The ordinances are listed.

Item number 19, FY2026, Durham County Transit Work Program Funding Agreements.

Item 20, purchase order with Swan Analytical USA Inc.

for turbidometers and controllers at the Brown and Williams water treatment plants.

Nailed it.

Item 21, professional services contract with Highfield Infrastructure Engineering.

PC for the 15501 and Cornwallis Road Waterline and Andrea Avenue Tank Drain Line Improvements Project.

Item 26, grant agreement with the Durham Housing Authority for Forest Hill Heights Relocation Activities.

Item 27, loan commitment for 902 South Briggs Avenue Redevelopment Mosaic Development Group.

Item 28, amendment to city loan with KB Carver, LLC for Sandy Ridge Station Project, increased loan amount and revised affordability terms.

Item 29, resolution approval of a multifamily housing facility to be known as 902 South Briggs Avenue in the City of Durham, North Carolina, and the financing thereof with multifamily housing revenue bonds in an aggregate amount not to exceed 22,500,000.

Under general business under general business agenda, public hearings, which will take up tonight.

Item 22, Wall Town Small Area Plan and Place Type Map Amendment with a presentation from staff tonight.

Item 23, zoning map change, Fayetteville flats.

Item 24, zoning map change, 4218, South Alston Avenue.

Item 25, zoning map change 303 U.S.70 warehouse.

That ends the reading of the agenda.

Colleagues, at this time, I will entertain a motion to pass the consent agenda.

So I hear a motion in the second.

Madam Clerk, would you please open the vote?

Please close the vote and report out.

Motion passes unanimously.

All right.

Consent agenda is adopted.

We'll move now to our general business agenda.

First item is item number 22, Wall Town Small Area Plan and Place Type Map Amendment.

And I'll yield to the staff at this time.

Hello, thank you.

Before I begin, staff would like to state for the record that all planning department items, hearing items have been advertised and noticed in accordance with state and local law, and affidavits of all notices are on file in the planning department.

Hello, City Council.

My name is Carl Kalazna, senior planner and project manager for the Walltown Small Area Plan.

Today I'm presenting the Walltown Small Area Plan along with proposed place type map amendments for five parcels in Walltown, which is case number A2500001.

These are two separate but related items.

I'm going to spend some time explaining what a small area plan is, including a brief project history, and then I'll briefly go through the main content of the plan.

The full plan document is attachment A in your packet.

Small area plans are very similar to comprehensive plans, but with a more narrow geographic focus.

They are land use plans.

Small area plans are advisory and they are not legally binding.

They are not the unified development ordinance or zoning development plans.

Small area plans give advice and recommendations, but they cannot require anything and it does not change what is legally allowable for property owners in the study area.

The planning process involves equitable community engagement and staff analysis, which helps identify land use priorities and issues in the study area.

The plan itself makes recommendations that are designed to guide potential development decisions, such as a zoning map change.

The plan also includes actions, which are a list of specific steps that local government should take to address land use issues.

The study area for the Walltown Small Area Plan is bounded by Green Street on the south, Broad Street to the west, North Buchanan Boulevard to the east, and Interstate 85 to the north.

The boundary includes the former Northgate Mall site to the northeast.

In 2023, city, the city and county adopted a new comprehensive plan, and as part of that process, we heard a lot of desire for detailed neighborhood level planning that wasn't possible for a plan that large.

Early in 2024, at the request of elected officials, the planning department began work to develop small area plans, and Walltown was the first area selected.

The potential for redevelopment of the former Northgate Mall site was a key reason why Walltown was prioritized.

A project kickoff meeting was held in late June last year.

That meeting focused on the former Northgate Mall site and more general land use discussion in Walltown.

Based on that feedback and building on grassroots community work and organizing in the preceding years about the mall.

Staff released a first draft of the policy guidance for the former Northgate Mall site chapter in August 2024.

Work for the rest of 2024 mainly focused on community engagement and revisions to the mall policies.

Work in late 2024 and through 2025 focused on developing actions to address identified land use issues in the broader Walltown community.

A detailed breakdown of these engagement phases is included in the appendix of the Walltown Small Area Plan.

And the plan went before the planning commission on May 13th of this year and received a 12 to 0 recommendation.

Comments from the planning commission are included in attachment B.

This shows the former Northgate Mall site, just under 60 acres in total.

The mall opened in 1960 and for many years was a main regional mall in Durham in the typical suburban style with significant surface parking.

Between 2017 and 2019, the anchor stores Macy's and Sears both closed, and the mall completely closed in 2020.

In 2018, the mall was acquired by a new owner.

The area is designated a transit opportunity area in the comprehensive plan place type map, showing a desire for conversion into a high-density, mixed-use, transit-oriented development.

The transit opportunity area place type is a key way of working towards the 15-minute community concept from the comprehensive plan where residents have access to daily needs within a 15-minute non-automobile trip.

So after an introductory chapter, the Walltown Small Area Plan is organized into two main chapters.

As there's likely to be significant land use change at the former Northgate Mall site, the first main chapter of the plan provides policy guidance intended to inform development decisions, such as a zoning map change.

This chapter is organized into six policy topics listed here.

Each topic includes selected comprehensive plan policies that are relevant to the mall site.

And in particular, the 15-minute community design topic carries over the transit opportunity area place type description text from the comprehensive plan.

For each topic, the plan has new policies that are specific to the mall site.

In general, the plan envisions phased transition to a grid pattern layout of high density and mixed use development that incorporates affordable housing, affordable retail options, public and community spaces, bicycle and pedestrian connectivity, and environmental sustainability.

Elements described in the policies could be achieved with voluntary text and designed commitments in a zoning map change process.

I want to highlight one proposed change to the plan compared to the version shared of the planning commission.

At the May 13th planning commission hearing, staff received a comment requesting additional visual elements and implementation strategies for this chapter.

So in response, an illustrative example of a site design based on one originally designed by members of the Northgate Mall Neighborhood Council and the Walltown Community Association has been included in the 15 minute community design policy section on page 10 of the plan.

A new policy, number six on that same page, has also been added, which outlines potential public-private funding opportunities that should be explored to facilitate inclusion of public benefits in any redevelopment of the site.

Finally, on August 11th, staff heard concerns from members of the Walltown Community Association about the impact that the new development ordinance might have on implementing the small area plan for the Northgate site.

The current draft of the new unified development ordinance proposes to change the zoning of the site to CX5, a zoning district that allows more uses and generally more height than the current CC zoning.

The second main chapter of the plan focuses on land use issues and opportunities in the broader Walltown community.

The recommendations in the plan take the form of actions, which are a menu of specific steps that could be undertaken by local government, especially outside of the development review process.

The plan has recommendations on paper streets, public land, private alleys, place type map and zoning, transportation, and historic resources.

I want to highlight one set of recommendations in this chapter related to paper streets and public land along Sprunt Avenue.

Paper streets are strips of land that were designated on official maps to become streets, but were not actually built out as streets, known as paper streets because they only exist on paper.

These areas are problematic because they do not have a clear owner or party responsible for maintenance.

They are not legally maintained by the city.

Paper Street A, as it's called in the plan shown here, had around 500 pounds of trash and debris removed from it so far this year.

And just to the north of Paper Street A, denoted with the blue X's, are three city-owned properties.

These three properties combined with the Paper Street make up just a little a little under an acre of land.

This picture taken from Sedgefield Street shows Paper Street A and part of one of the city owned properties.

This lot, uh this city-owned land is not suitable for something like affordable housing given environmental conditions.

The Walltown Small Area Plan recommends exploring innovative use of this land, including potentially a pocket park or other type of public open space.

At the May 13th Planning Commission hearing, two residents spoke in favor of changes to the Paper Street A, and two spoke in opposition.

The recommended actions in the plan account for differing outcomes, and if adopted, the implementation of these actions would involve additional engagement analysis and discussion.

Lastly, the place type changes recommended in the Walltown Small Area Plan are presented today as place type amendment case number A2500001.

They are shown here and also as attachment C in your agenda.

The property at 1406 Broad Street, which is shown in red on the black outline on the left side, is currently designated neighborhood service area in the place type map.

And the two properties at 1402 and 1400 Clarendon, shown on the right side of both images, are currently designated established residential.

Note that the two properties on the right are two of the three city-owned properties next to this front avenue paper street.

So all three of these properties have streams running through them that would make either small-scale commercial or residential development difficult.

The plan recommends changing these parcels to the recreation and open space place type shown as green in the right image.

And finally, the properties at 1305 and a portion of 1303 West Club Boulevard are currently designated established residential in the place type map.

These parcels contain the wall town graded school, and the plan recommends changing the place type for these two parcels to community institution to match their current and historic civic land use.

That concludes my presentation.

Staff is available for any questions and provide additional details about any elements of the plan.

Thank you.

Thank you very much for that substantive report.

Colleagues, I'm gonna uh yield to the dais if there are any questions before we go to our neighbors who want to speak.

Councilmember Cook, please.

Um great report, thank you.

I just quickly was wondering if you could state more about the three parcels of land in the paper street and why it's not suitable for other types of building.

Yeah, they're not suitable because there are significant um either perennial or intermittent streams that run right through the middle of them.

These would carry stream buffers in the unified development ordinance and in general, they're um land that really should be preserved in perpetuity and not developed on.

So that's why staff is recommending those changes.

Colleagues, uh Councilmember Caballero, please.

Thank you.

I have a just a follow-up question.

I heard what the the first proposed place type map change.

It was city-owned parcels.

One of them is yes.

Okay, what about the other one?

Yeah, that map.

The other one is uh apologize, actually, yes, all three of them are.

Okay, that's okay.

And then on the subsequent slide.

Is it also publicly or it's community institutions, is that what you said?

Yeah, community institutions, the proposal, these are not publicly owned.

Um, we've reached out to the property owner a number of times about these.

We haven't heard anything back, but these are privately owned.

Okay.

And and we'll we'll get to it later about kind of the engagement with paper streets and whatnot.

Um, maybe after the public hearing part of this.

Okay.

Because I have more questions around that.

Absolutely.

Colleagues, anyone else?

All right, I'm gonna officially declare this public hearing open.

And I'm going to Mr.

Ghosh, did you want to I have you as a resource for this?

As a uh did you want to add anything uh or speak?

How much time do you anticipate needing?

None at all.

I'm just here on behalf of the ownership of Northgate Mall.

Didn't really have any comments prepared.

I will just take a moment to acknowledge the hard work that staff put into it and um you know that we appreciate all of the uh hard work dedication time that went into this from staff and the community.

It was a very collaborative process that resulted in the small area plan.

So thank you.

All right, then I'm gonna go to our neighbors who wish to speak.

I'm gonna start with proponents.

Uh, as I call your name, if if you don't mind if you're here, um would you just cue up uh along the railing, my right, uh, your left, uh, and you'll each have three minutes.

I'd like to welcome uh Brandon Williams, Ezra Norberg, Cynthia Williams, Angel Iset Dogier, Dozier, and Mimi Kessler.

Good evening.

If you just state your name, your address isn't necessary.

We're glad you're with us.

You'll have three minutes.

Good to see you.

All right.

Thank you, Dear Mayor Pro Tem, members of the City Council.

Uh, my name is Brandon Williams, and for the last six and a half years, I've been a core member of the Walltown Community Association's efforts.

Sorry about that.

Yeah.

Been a member of the community association's effort to advocate for a transformational redevelopment of North Bay Mall, a redevelopment that turns the mall into a place where all Durham residents, including those in the working class, have the opportunity to live, work, and play.

In order to realize this vision, the redevelopment must include significant affordable housing, affordable retail, community and green space, and environmental sustainability.

The Walltown Small Area Plan turns these priorities, which have been developed with input from hundreds of residents across Walltown and other neighborhoods proximate to the mall into policy recommendations that will influence future land use decisions about the former mall site.

The ability for residents to shape the way our city plans, designs, and builds the physical environment is critically important for establishing justice, safety, and flourishing for all.

Small area plans are a powerful tool for supporting resident voice, and we want to affirm your decision to invest in this practice for communities across the city.

However, we also recognize that our power as residents only goes as far as the zoning laws that govern what can and cannot be developed and built.

Tonight, we affirm residence power expressed in the small Walltown Small Area Plan.

We also raise serious concerns about the ability to leverage this power in light of proposed changes to Durham zoning laws as codified in the unified development ordinance or UDO.

As currently drafted, the new UDO will undermine the community's work by granting expanded height and research and development capabilities that are currently restricted at the mall site.

These restrictions are what grant residents and the city power to negotiate with developers for community benefits.

If we grant these changes in the UDO instead of a rezoning application, it would eradicate our power to ensure that what happens with the mall is consistent with the priorities outlined in the small area plan.

And the UDO won't just erase this leverage for Walltown, but for other Durham neighborhoods, like Hayti and the West End and Lakewood that have been fighting hard to align the redevelopment of old shopping sites with the needs of their residents.

And the UDO won't just impact these major commercial property redevelopments, but also change what happens in the residential parts of our neighborhoods.

And we're not just talking about communities near the center of town, but those extending all the way out to the county lines.

We are not against growth and development.

We simply want the power to shape and influence that growth and development so that it creates opportunity for all of Durham's residents.

Tonight we ask you to approve the Walltown Small Area Plan as an affirmation of resident power and planning and development.

And we ask that you protect our power to negotiate for the community centered vision we hold.

And regardless of whether folks have a small area plan or not, we ask that you affirm and uphold the voices and visions of residents across Durham to shape the change happening in our city.

Do not give away our power.

Thank you.

Thank you very much.

Mr.

Norberg.

Good evening.

Thank you for being with us.

You have three minutes.

Hello, and good evening, Mayor Pro Tempore Middleton, members of the Durham City Council, and members of the audience.

I'll begin with the Paramount Parcel in this case to me, 1400 and 1402 Clarendon.

These properties are currently zoned as established residential, allowing for new housing.

Um, but this would be a major negative for the community.

The land is currently unsettled and it serves uh as an oft-utilized throughway between Clarendon and Sedgefield.

This is the paper street that was discussed earlier.

Uh this pathway is a beloved is beloved and vital to the neighborhood, and it provides a safe shortcut between the two residential streets without forcing pedestrians onto Guest Road, which is heavily trafficked.

Uh I know that me and my friends often use this to get between our houses and to the gym located in Northgate Mall.

Uh for this reason, I think that recreation and open space zoning is the right fit to preserve this natural throughway.

Next, the property at 1303 and 1305 West Club Boulevard, which currently houses a charter school.

The reasons to rezone this is uh these are clear.

Um, community institution zoning is designed for schools and other public service uses with the space and parking they require.

Neighborhood service area zoning, by contrast, is intended for small shops and offices.

A charter school is not a storefront, it's a civic institution.

Uh community institution zoning is the proper fit.

And I have no comments on the property located at 1406 Broad Street.

For these reasons, I respectfully urge you to approve the rezoning proposal and preserve vital community space and ensure our civic institutions are properly supported.

Thank you for your time.

Thank you very much for being with us.

Cynthia Williams, good evening.

Thank you for being with us.

You have three minutes.

Uh good evening, honorable Mayor Pro Tem Middleton and City Council members.

My name is Cynthia Williams, a resident of Durham's 27713 zip code and chair of the coalition for affordable housing and transit of Durham, better known as CAT.

Over two years ago, an urban planner by the name of Nate Baker introduced CAT to the concept of small area planning.

We recognize this potential to strengthen affordable housing analysis and community engagement.

Since then, we've consistently advocated for this approach during the last two city and count county budget cycles.

Tonight I'm here to reaffirm CAT's enthusiastic support for the Walltown Northgate community and the city staff's report that you just heard, resulting from their small area planning efforts.

Over the past year and a half, CAT members have actively observed and participated in the collaborative work between Walltown residents, city staff, and the real estate developer.

We witnessed the committed community engage deeply in shaping a visible real estate plan.

Their dedication and the professionalism of city staff was truly inspiring.

We respectfully urge the city to adopt what was presented tonight and to replicate this small area planning process in other Durham neighborhoods facing complex redevelopment challenges.

Small area planning offers a path toward inclusive, transparent and community-driven development.

Durham has the opportunity to become a statewide model for equitable urban planning.

CAT stands ready to support that vision with you.

Thank you for your time.

Thank you so much for being with us.

Good evening.

Thank you for being with us.

You have three minutes.

Good evening.

City Council members, uh, sir, city manager, madam, city attorney, and madam, city clerk.

My name is Angel Iset Dozier.

I am a resident on the land that's formerly known as Pine Street.

If you know about the Hayti community, that is one of the original streets in the Haytai community.

I am here in solidarity and alignment with the Walltown community.

And I want to be clear.

Several years ago, um, Haiti organizations have been working diligently toward a small area plan.

Uh probably for at least seven years under the guidance of uh councilmember Nate Baker before he was a councilman.

We are uh active defragmenting, not disfragmenting, because that's not a word.

Uh the injustices have that have plagued our communities, especially historically black, brown, and other communities of color.

I'm not sure if most of you have been aware of this work, but we are in view of Wall Town's leadership in this process as both necessary and inspiring, and we stand shoulder to shoulder with the Walltown community in this work.

This is bigger than Walltown and Hayti, though.

This is about Durham and how Durham chooses to handle its unified development ordinance.

If the new UDO is not edited and apply justly, ethically, and with transformative wisdom, then small area plans risk becoming symbolic instead of transformative.

These plans cannot simply be another checkbox.

They must reflect the lived history of our neighborhoods and the communities that have endured decades of neglect, divestment, and displacement.

Durham has the opportunity once again to leave a nation, as you did with the equitable community engagement uh plan that was adopted in 2018 by the former mayor Steve Schule.

You have the chance to show what it means to be truly progressive, not in rhetoric, but in practice.

That requires sincerity of intention from the city council, city leadership, and more importantly, integrity of impact.

The decisions you make tonight would not only affect zoning lines or places uh within the city of Durham.

They will determine whether communities like Walltown and Hayti finally received justice in planning or whether we see another round of broken promises and displacement under a different name.

I urge you to adopt these motions with a full recognition of what they mean.

An obligation to ensure that the Walltown Small Area Plan and the Hayti Small Area Plan that must follow are implemented with equity, transparency, and accountability.

Thank you very much for being with us.

Thank you.

Nini Kessler.

Good evening.

Thank you for being with us.

You'll have three minutes.

Thank you.

Good evening.

I have a policy question.

I'm I'm I'm really interested.

I I really like the small area plan.

I like the process.

Um I participated more as an observer.

And and I think it turned out really well.

But there's a policy issue.

We have a comprehensive plan, and that was spent that that we spent a lot of time and money on.

That was applied to the small area plan.

But we hear that the new UDO will be allowing more leeway for developers to build by right, and therefore fewer requirements to involve neighbors and avoids public hearings.

When there's a property that the owner wants to develop their way, but is at odds with the small area plan, what will happen?

How will the people's voice be heard?

We won't know about it.

We would have no venue to object.

The only thing that has kept the current owner of Northgate Mall to build what was nearly the antithesis of what the community wanted and needs was the people objecting.

We want to decide where Durham goes from here.

Not someone from somewhere else telling us what we need.

Please tell me how the small area plan will have teeth so we get what we want.

Please do not ruthlessly cut out our voice.

Thank you.

Thank you very much.

I believe we've exhausted all of the proponents.

I'm going to turn now to the opponents, and I'm going to go firstly uh to our virtual uh platform.

Madam Clerk, would you please let me know if Beverly Evans is in cue?

And if if so, would you make her hearable?

Ms.

Evans, can you hear me?

I'm not on the platform, so you have to let me know.

Mr.

Mayor Pro Tem, she's not responding.

Not responding?

Okay.

We'll we'll come in-house and then we'll circle back around uh to Beverly.

I have uh Audrey Mitchell.

Are you in chambers with us?

And in the meantime, Madam Clerk, if you've been alert uh Beverly Evans, we're we'll come back around to her.

Good evening.

Thank you so much for being with us.

You'll have three minutes.

Good evening to the council members as well at me uproutine and everyone else.

I'm Audrey Mitchell, and I'm a member of the Walltown Community Association.

I'm the president.

I agree with I'm sorry, I did not mean to say I was an opponent.

I am a proponent.

So look at me as saying that I am a proponent because I agree with what the uh the committee did working with Northgate for Wall Town as the small uh small area plan.

And I think that was something that we needed, not only in Wall Town, but in other areas of the city and other communities of the city.

So I go along with that, and I do agree with that.

I'm not gonna take up much time because all was said that I wanted to say.

So I agree with what was said, and I hope you all take that in consideration as to what was said about the small area plan.

Um and agree with us on it.

And right now I would like for you all to know since we have some support, that we have supporters here from the Wall Town community, and I want to ask them to raise their hand or stand so that you know that we are all together and working with this as well as the thank you.

Stand up.

Thank you, Cynthia.

And I just appreciate what you all said, and we agree with it.

Thank you.

Thank you so much.

Madam Clerk, do we have Beverly Evans?

Mr.

Mayor Pro Tam, uh, Ms.

Evans has not responded to the unmuting.

All right.

Thank you much.

I have uh exhausted uh all of the names uh I have for this.

This is a public hearing.

Is there anyone is there anyone in chamber with us who wishes to speak on this item who has not already spoken?

This is a public hearing.

Seeing none, I'll return uh to the dais, and I'll yield now to my honorable colleagues uh for questions and comments.

Let's go.

Councilmember Baker, Councilman.

Thank you, Mr.

Mayor.

Mayor Pro Town.

Um, congratulations to you all um for your work.

You did this.

This small area plan happened because of you, and you actually did the work.

Small area planning is is hard work for the planning staff that conduct and manage the process.

And somehow it was a little bit easier because the neighborhood had already come together and done it on their own time and on their own dime.

And that's amazing.

I mean, the work that has gone into this over years is unprecedented, sets an incredible model and really set the direction for the official city conduct city and county conducted planning process on its own.

So you should pat yourselves on the back for the hard work that you have put into this.

Small area planning is is so important from a philosophical standpoint because we as human beings deserve the right to be able to shape the world around us, the world that we live in.

We shouldn't just live in the world that is shaped for us.

We should be able to have some sort of influence over that collectively, uh, not in a way that uh excludes others from joining us, but in a way that is better for us and our neighbors and the future generations that come to us.

So, from a philosophical standpoint, small area planning is a great way to do that.

And from a practical standpoint, small area planning just asks us simple questions.

Where are we today?

Where do we want to go, and how are we going to get there?

And then because it is comprehensive in scope, but limited in scale, we get to be more fine-grained about the kinds of the ways that we answer those questions.

So it doesn't just look at zoning.

It doesn't just look at capital investments or community engagement.

It doesn't just look at food deserts or child care access or streets or lots or blocks.

Um it just doesn't look just look at community programs, but it looks at all of those things together and it goes out into the community and asks people what they want to see.

What are the issues that are that you feel afflicted by today and how can we improve your life and your neighbors' lives?

So small area planning is incredibly important.

And I want to congratulate staff uh for the work that they have done.

Um everything that I've heard coming from residents, not just today, but um but uh in prior months um people have felt that this process was trustworthy, have felt trustworthy of uh of the process itself and the outcome um, especially the uh the goals and the policies of the plan, they're amazing.

They're fantastic, um, and they provide a lot of certainty and direction.

Uh I also want to applaud um a representative from the the landowner for coming because there is tension between what the working class people of Walltown want and what the large landowners on the Northgate mall site want, both in the neighborhood and on that site.

And what the city can do through small area planning is release some of that tension and make sure that people are coming together and that we can actually be productive have and lay out a course for uh development of of that site.

Um I also uh want to say um that I hope that we can build this kind of trust in the other future small area planning processes that uh that we conduct uh in this city.

Um and on top of that, I also hope that we can include um some other elements too.

Uh you know, this is one of the first small area plans um that we've worked on.

Um we're working actually uh uh with uh downtown Durham Incorporated as well to potentially adopt um the downtown Durham uh small area plan in the near future um and the work that they've done.

Um so we will have two great small area plans to to begin with, and I hope moving forward we can we can do this and even better and make sure that we include things like case studies and best practices, make sure we include more illustrative uh visuals, make sure we're looking closely at food access and child care access and opportunities for uh filtering in uh live work and small scale commercial and providing those kinds of opportunities for people who who live in neighborhoods uh and need to access those things on a daily basis, uh, where to focus uh retail and mixed use uh and all of the issues that that we see that are part of urban planning.

So um I'm pleased with the community's trust in the process, uh making official all of this work that has already been done.

And no, it is not perfect, it's not trying to build utopia.

It is balancing what we want, the North Star, with what is also reality.

What can we what can we realistically achieve?

Um and some of the policies include, you know, we want to achieve this amount of affordable housing, but to achieve this amount, we'll need to see some public dollars skin in the game.

Um so it's uh it's a realistic and visionary document.

Um and I truly believe that that we can have a situation where where everybody wins, uh where these large sites around our city that sit adjacent to neighborhoods can be redeveloped uh with marker rate and affordable housing and all the different things that that people who live in those neighborhoods want to be able to access on on a daily basis.

Um so once again, congratulations to you all for all the work that you've done.

Um I also know, and and we've received uh a request uh from the neighborhood to include some additional language as stated as follows.

I'm not making the motion right now, but uh I want us to consider adding this in our motion to include in the small area plan document, so it doesn't actually make any official legal changes.

Uh, in order for Durham residents and elected officials to retain their power in the Mall's rate of development, the limitations of the current zoning at Northgate, including height limits and not allowing research and development, should remain in place until a rezoning application is submitted by a developer.

So uh when the time is right, I will include that uh as a requested amendment to the motion.

Thank you.

Thank you, Councilmember.

Anyone else?

Councilman Councilman Caballero.

Thank you.

These are going to be questions for staff.

Hi.

First off, uh, I just wanted to say thank you to Carl.

I know that you did uh the lions chair and certainly presented at joint city county planning, and so I just want to say um thank you and thank you to the rest of planning staff.

Um several comments um and emails highlighted your work, uh Carl.

So I just wanted to make sure that uh you get your flowers.

Um I just want to thank staff broadly.

I thought this was a very thorough process.

You all came to us at joint city county planning.

I asked a lot of questions.

I still have some of those questions.

I know that they're in the document.

Um I guess it's uh atta the second at detachment A.

So the piece around flooding we talked about pretty deeply at joint city county planning, and then within that, there's a suggestion around um doing more basically more accurate mapping uh that was raised.

You know, that's something that I know I raised, and so I would like to think I'm good with this in voting for this, but at some point, those clear action steps.

I would love to have a better timeline on when we can expect that.

I know some of that might be funding to do more studies.

I think, especially after um Chantal, I think that that's going to be a question mark for other parts of the city because we know that those FEMA maps aren't necessarily the most accurate, or just how storms are forming now.

Um so would love to know, and maybe that's more a question from Sarah or for Sarah versus you, Carl, but would love to know what what the timeline around that one is, and then kind of what is that engagement going to be for those residents because flood insurance isn't cheap.

Um, and I don't want to catch residents off guard, like they might say yes to a thing and not really understand the consequences um of even if it's better, but there's still a financial consequence for them.

Yeah, um Carl Klesna, senior planner.

Um, our implementation strategy for this small area plan is similar to the comprehensive plan.

These actions are going to be rolled into our big spreadsheet of actions that we're looking at.

I think with that feedback, particularly as we're putting together um the work program for the planning department to think about in the coming year.

We can certainly look at that and see if that's something that should be prioritized to be looked at first.

There are other departments that I think it's important to coordinate with that.

Um I've spoke to uh formerly public works now streets and environments, I believe.

Uh the stormwater division basically, who had believes that they have uh detailed analysis or the beginning of detailed analysis to start to get an understanding of what the flood risk truly is in those areas.

So collaboration with them would be really important.

Thank you.

And I look forward to that to bringing that back to us.

And then I think you answered my one question on public land on the um paper streets piece.

With the closing of alleyways, what can we expect on that timeline with engagement of residents?

Yeah, so this is um back in 2006, City Council actually approved an item to close a number of the paper streets in Walltown.

What is required as part of that is a surveyor to actually survey the land and to show on a map that those areas, the ones that are appropriate to be closed.

So I think similarly, this is a pretty high priority one that we've heard from residents.

There are folks who have uh trees and other things that are in these sort of no man's land area that's very frustrating.

So um again, I think that's something we can prioritize looking at the work program or a budget request to get that rolling pretty quickly.

Thank you.

I just want to state up here that that is a priority for me as a council member if we're gonna put these kinds of plans in place, the things that are actionable and and and that we have to do.

We we have to do quickly.

We can't wait um several years to for those impacts to benefit residents.

So I just want to share that up here with colleagues.

That's all.

Thank you.

Thank you, Councilmember.

Councilmember Freeman, I think I saw your hand.

Thank you.

Just um want to thank you as well, um, Carl and us staff in the planning department.

And also just want to make sure that I do thank um Councilmember Nate Baker as a urban planner, uh essentially donating support for a community to actually be able to do this, but that's not sustainable.

And so I do want to make sure that we're keeping it on our council radar, how this is gonna work for other neighborhoods and who goes first and second and third, because that'll that that will matter.

I do want to say I heard my mom always says, you know, you got two ears and one mouse.

Um I heard do not give your give our power away.

Um I also heard the new UDO could be edited and applied um and create injustice in the planning.

I heard the equity integrity and accountability, and we want to decide where Durham goes from here.

Um I heard the on our own dime in time, and I heard the collective ability to shape our neighborhoods through small area planning.

And I want to say that I don't want to just hear it, I want to make sure that it's actually implemented in a way that's um beneficial to the community, especially with the case that we had on um Lakewood and how things uh turned out.

It would have been great to have a small area plan in place to have this conversation so that the community was prepared for what's coming and they actually have some say so and what that should look like before developer even submits an application.

So I want to make sure that we're not waiting for just a work plan for this conversation.

I want to make sure that the council is actually having a conversation as well and figuring out what that looks like.

And then I I I want to tag on to Councilmember Caballero's comment and saying that uh I know that Keep Darn Beautiful leans in heavy on the space around you know cleanup and horticulture and all that, but I'm not sure for uh I guess for our city manager what that looks like in our new re-org and whose tag with that.

And so I would love to figure out how to make sure that it doesn't become a dumping area because I noticed that in my own neighborhoods.

And so I I uh it was just a thought to make sure that I pinged.

Um other than that, I do want to congratulate the Walltown neighborhood.

And I I mean I also heard the solidarity with Hay Thai.

And so I think that that's the way we should move forward and acknowledging that this work is done neighborhood by neighborhood.

Each neighborhood has its own footprint, its own culture, its own um historic significance to the city of Durham, and we want to make sure that we're honoring it as best as we can.

I know for the Walltown neighborhood, sitting with Ms.

Audrey and um hearing her tell stories about how the city uh or how this piece of the city was planned and created um based on Mr.

Wall and his history as a as a uh a black employee of Duke University.

And so I I want to make sure that we're honoring that as much as we possibly can across the city and making sure we're not losing the history of um our communities.

Thank you.

Thank you, Councilmember.

Councilmember Riss.

Thank you, Member Tim.

Uh first of all, residents again, thank you for coming out and the work you've done over the last year plus to develop this plan.

Um amazing work.

I think this is a great uh uh tool for Durham.

I do want to thank Council Member Baker.

It seems like your hands are all over this.

You've have been involved in this from the very beginning.

Um this word predates my time on council.

I know as I was running this this issue like we need to develop small area plans was a conversation that came out of the comprehensive plan.

So great to see the first one that's been developed, and I look forward to more of these.

Um for this one, I do like the focus on the transit uh transit opportunity area, especially this kind of notion of a regional-oriented transit opportunity area and focusing on that.

I like the lifting up the 50 minute city concept, the affordable retail affordable housing, all those pieces are really complimentary.

So great job.

I support this 100%.

Um I have two questions for staff.

Also, I do I do want to thank Carl as well.

Great job.

I know it's your first presentation before the council.

So thank you so much for your work on this, both the whole small area plan, but also your presentation tonight.

So the first question is it seems as I was reading the plan, I seem to recall there were there were more place type map changes suggested in the plan that have come to us tonight.

Is that correct?

And can you say more about that?

So there are there are not any other place type map amendment changes.

There are zoning map changes, and the reason we aren't bringing those forward is because those are going to get rolled into the new UDO process.

There are um a couple of small parcels that basically we identified um inconsistencies between what their current use is and what the place type map designation is for them and what their zoning is.

So there are recommendations to align the zoning with the place type and the current use, basically, but that will will staff will be rolling that into the into the new UDO process.

Great.

Thanks for clarifying that.

And then the second question is I I like to work on the sort of Paper Street A and those two city lots that are right adjacent to that, right?

And thinking about potentially a park there.

I guess my question is a recreation advisory committee member is have you talked to DPR?

Because you know, we just passed earlier this year this large parks comprehensive plan, which does talk about a policy, it's either in the plan or we adopted separately, a policy for accepting new parks.

Because of course, as our DPR grows, you know, and we have add new parks, we also have to maintain those.

So I'm just curious if you had a conversation with DPR about how this might fit in with their plan for their comprehensive plan for 10 years of growing the parks and rec department.

Yeah, absolutely.

I have been in conversation with them.

Um there's a task force currently that's looking at paper streets across the city that has representatives from a number of groups, including DPR.

Um, so there's excitement about innovative use for that property.

I'll also mention um something I didn't mention.

The Office of Performance and Innovation has a Bloomberg grant that's the Love Your Block program.

They selected, I was lucky enough to collaborate with them over like the last the last six months or so.

Uh they selected Walltown as their first area, and that Sprunt Paper Street and those lots were actually one of the projects that were identified for preliminarily some funding, which is exciting for me as a planner because it's not something that would be happening, you know, sometime even in the short future, but something they'd be they'd be talking about really implementing, looking at if are there beautification or conversations that can happen among people.

So there's uh that stat about 500 pounds of trash being removed that was as a result of cleanup activities that had been associated with that just in the last couple of months.

Great.

Thank you for clarifying.

Thank you, Councilmember Colleagues.

Anyone else before anyone comments?

All right.

Councilmember Cook, did you have anything?

All right.

Thank you all so much, uh, neighbors and and friends for coming out and colleagues for your your wonderful uh comments.

I'm going to be supporting uh the small area plan tonight.

But I want to be very clear on what we are voting on tonight and what actually this uh entails.

Um I think it was you, uh, Ms.

Kessler, and forgive me uh for singling you out, but you were at the microphone who asked the question.

What happens uh if developers don't want to comport with this plan and want to do what they want, what can we do?

Nothing.

And we need to be very clear about that, what this is that we are voting for.

Um in 1990 was 60 percent black.

It is now 60 percent white.

Which is not a and that's not a problem, but you need to understand that the folk who participate in the small area plan conversation are the folk who participate in the small area plan conversation.

So I want to be clear, what we are voting on, we are not addressing the injustices of the population that used to comprise Walltown.

They don't live there anymore.

That that uh HATA is a different conversation.

Wall town's composition is not what it used to be.

So for folk who say that the area is gentrified, you need to understand that many of the people you are calling gentrifiers are part of this comprising this plan.

And that's that's that's not a bad thing, but we just need to understand that that is who is comprising the plan.

The most successful small area plans in our country are successful to Ms.

Kessler's question, because everyone is at the table.

What makes the the landowners in the discussion uh compliant and more supple to doing what is in the plan is because they were part of the plan.

If if you call them racist and kick them out, but they still own the land and you comprise the plan, we will ultimately run into what you have talked about, and that is if they don't agree with the plan, what can we do?

I want to tell you what we can do as a government, because if if you believe that we can tell other people what to do with their money and their land, then what do you think we can do with our own money?

With our own land as a government.

If you think that we have the power to do that, you should be asking us for reparations.

We can't make the developers do what they want to do with their money, but we have the power over our own purse strings.

So plans come and go.

Plans, depending upon who is sitting in the seat, are as effective as the people you elect to follow them.

And the notion that that the UDO will do violence to this plan, let us remember the UDO is being informed by a comprehensive plan, which was drawn from the community.

The future place type map was drawn from the community.

So we can't act like one section of the community is at war with the rest of the city.

That that is an inappropriate conflation.

What we need to be asking for, if we want to make sure that we get what we want, is some money.

In the Fayetteville Street corridor, we just passed 10 million dollars, which is a, I hope is a down payment.

If you think we have the power to tell other people what to do with their money, tell us what to do with our own money.

Organize and ask us to pour millions of dollars into Hayti, millions of dollars into Fayetteville Street.

I want I want every African American person that is concerned about small area plan or any historic neighborhood in this town to know that plans have no ordinance or legislative power behind them.

Get the money, get the money for business incubation, get the money for beautification, get the money to build capital, get the money so our business owners can participate in the supply chain.

I am voting for the small area plan, but let us be clear.

This the folk who we wanted to rescue don't live there anymore.

The neighborhoods that still are our uh retain the character, we need to be talking about more than just plans, we need to be talking about millions of dollars.

So if we're gonna flex on developers with their money and their land, flex on us with our money.

It's your money, you we already have your money in your taxes, in our checkbook.

So flex on council members to come to us and say, let's pass a historic, groundbreaking municipal level uh uh uh reparations plan.

Tell us what to do with our money.

I am going to support this small area plan.

Congratulations to all of you who organized and who pushed it.

But I hope that we will moving forward understand to Ms.

Kessler's well-placed question.

We can't tell landowners what to do any more than we can come to your house and tell you what furniture to put in there, or what lawn furniture to put, or how to paint your house or your deck.

You don't want us doing that.

Um until that changes, we need to be real about the lay of the land, get the money, and start with the money that you already own, which we have the checkbook to.

Thank you.

This um public hearing is officially closed, uh, and the matter is back before the council.

With that, colleagues, I'm gonna enter uh entertain a motion to adopt a resolution amending the Durham comprehensive plan to include the Wall Town small area plan.

Unreadiness.

I just want to make sure that we're clear.

I just want to make sure I'm clear on which motion um Councilmember Baker was talking about.

It was the first second.

I'll just make I'll just make a motion to amend that motion.

The first one.

Yeah.

So we can vote on that and then we can vote.

Yeah.

So uh I'm gonna make a motion to amend uh the motion that was just made to include the language in order for Durham residents and elected officials to retain their power in the Malls redevelopment the limitations of the current zoning at North Gate, including height limits and not allowing research and development, should remain in place until a rezoning application is submitted by a developer.

So we will just vote on that motion, and then if I'm correct, we'll vote on the small area plan.

No, we'll proceed this way.

The motion hasn't been seconded yet.

So it's not it's not a live motion yet.

Well, I've put a motion on the floor.

We have had a motion.

When we get a second, uh, if a colleague wants to propose an amendment to it, um then we'll hear it then.

Second.

So who who who uh moved it?

That's okay.

You move who moved the motion when I called for it.

Just let me let me do it again.

Well, let's let's do it again.

Let's do it again.

We have received a presentation.

Um I'll entertain a motion to adopt a resolution amending the Durham comprehensive plan to include the Wall Town Small Area Plan.

So moved.

Second.

I hear a motion in the sec.

Just Councilmember Baker, you want to propose your motion if it's fine?

We have a live motion now.

Same motion.

In order for Durham residents and elected officials to retain their power in the Malls Ray development, the limitations of the current zoning at North Gate, including height limits and not allowing research and development, should remain in place until a rezoning application is submitted by a developer.

And that would just at staff's discretion be included somewhere in the in the small area plan.

I would make the motion the accept the friendly amendment.

I can't hear you.

I would accept the friendly amendment.

Yeah, it's not a friendly amendment.

It's a it's a second area.

Vote on it.

I haven't heard a second.

I think that okay, I'll second uh this is for the the new language or the language to be added to the to the motion.

Is that correct?

This is a second for council member Baker's uh motion to amend uh the motion that is currently on the floor.

That is the second that I would like to put on the floor.

Okay.

I have a question.

Councilmember uh Caballero.

Thank you.

Um I'm just perplexed.

So we have a motion and a second to adopt the resolution amending comprehensive plan, and then we have an additional motion.

Is this a friendly amendment to that?

We we we have a live motion and we have a secondary motion to amend that first motion.

After discussion, I will entertain a vote on the motion to amend the prior motion.

If that fails, then the motion that's liable stand as is.

If it passes, then we will amend the primary motion.

Okay.

The language that Councilmember Baker is adjusting has not been sent to this council at all.

Usually things like this would be routed through JCCPC.

We have a joint city-county department.

My assumption would also be county commissioners have to vote on the small area plan because it changes the comprehensive plan, and I do not.

Okay.

That's good.

Okay, because I was like, there's other folks who have to do this or look at this, but I'm getting ahead on.

I'm not comfortable adding that.

Uh this was a lot of work that planning staff did.

There is a process that people get to look at, and that's at JCCPC.

There's reasons for that.

It allows folks to it is iterative.

And so I'm not comfortable adding um this the motion from Councilmember Baker.

Thank you.

Thank you, Councilmember.

Anyone else?

Councilmember Freeman, I yield.

I would just ask if he could repeat the language one more time.

Madam Clerk, would you, or Madam Attorney, would you read the uh or or Nate somebody read read the language of the uh Yeah?

I'll read it.

And this was proposed by a member of the community.

Uh, we received an email about it.

Um the language that was requested is in order for Durham residents and elected officials to retain their power in the Malls redevelopment, the limitations of the current zoning at North Gate, including height limits and not allowing research and development, should remain in place until a rezoning application is submitted by a developer.

Thank you.

Council um hold on, Councilmember Freeman, did you finish?

Yeah, thank you.

I was just trying to make sure I understood because I did I do believe that it had been surfaced through the community.

And so I would be supportive.

Thank you.

Councilmember Riss.

So did these emails come in this is this afternoon?

Does email came in?

This weekend, today, this morning, this afternoon.

Um if I can ask the community member who submitted the the uh the request, uh, Brandon Williams, if you want to speak at all to the language.

The public hearing is closed, but uh uh no, I will extend the courtesy to my colleague and invite you up.

But I I do want to be clear the public hearing has been closed.

We're debating a live motion.

Yes, thank you.

There just the clarification.

Email wasn't written comments could be submitted by 2 p.m.

today.

There was a written comment that was submitted that had this specific request in it.

So that's that's that's the clarification.

Thank you.

Okay, I think I did that was, I think you said uh yeah, the clerk said that was yeah, that came this afternoon.

Okay.

So we did receive those late in the day.

Um so I'm just trying to understand.

So what so the the spirit of your motion is that you want to keep the same zoning designations that are currently in the UDO.

They would apply even after we pass the new UDO.

The same zoning designations would still apply.

Is that what I'm just trying to understand this the what you're trying to do with the motion?

The spirit of the spirit of the motion is to ensure that we are not substantially increasing the heights that can be allowed on the site and the uses that can be allowed on the site, simply to ensure that uh that there that we retain uh negotiation power.

But how would we be changing?

You say you're saying that would be in the new UDO.

So you're saying it nothing would be in the new UDO.

This would just be a recommendation in the plan itself.

I'm still confused.

All right.

Yes, Councilmember Capier.

Thank you.

I appreciate the the language.

The the point is that this is an advisory document, and I feel like we were getting into regulatory language when we start talking about height restrictions and things like that.

And so I think that that the point of the UDO rewrite is to talk about those regulations.

This is a um a amendment, not amendment, um, an adjacent document, a more fleshed out document that aligns with our comprehensive plan.

Also, a plan that is not regulatory.

And so I very much am concerned with adding what I perceive to be regulatory language into a document that does not actually have it's up to us, the seven folks up here, to honor the comprehensive plan or not.

Um sometimes we don't, right?

Because there's a rezoning that we were like, oh yeah, that makes sense to change that place type a little bit or whatnot.

Uh we've all, literally all seven of us have made that decision sometimes to say, oh yeah, the comp plan calls for this.

I understand why this rezoning application may not align a hundred percent in that way.

And so that is our guiding document.

My understanding of the small area plan, um, and this is why I do question whether it's a slippery slope to that horrible thing, the neighborhood protection overlay, right?

Like, is this just a new neighborhood protection overlay?

We're just gonna use a new term words where people get to create their little um essentially in urban communities, gated communities, uh, and and dictate and it impacts supply.

And so we have a UDO rewrite underway that has its own very in-depth engagement process.

It's been going for over a year now.

And so that is the process that people need to um engage with if they want to get into regulatory language that is attached to zoning.

That's all.

Thank you.

Okay.

Councilmember Freeman, please.

Just a question for staff.

If it's in the small If it's in the UDO, would that impact all of the developments?

Versus if it's in the small area like planning, it would impact this one area of development.

Like wouldn't it make sense to just kind of direct it where it needs to go, like where you're trying to protect and preserve the cultural history in the community?

Like that would make sense, right?

Good evening, Sarah Young with the planning department.

Uh yes, something in the plan specifically would apply only to the geographic area.

However, I wanted to add a little bit of context that as written, that wording is problematic because the new UDO, the districts will not be the same as the districts we have today.

But as worded, that seems to lock in today's zoning, which is just not going to be possible based on how the draft districts are created right now.

That was my question.

So it's sort of like locks, Councilmember.

So I just want to say so.

What you are saying is in the current UDO, that zoning is changed.

Correct.

The zoning that exists today, all the zoning districts are changing, their names are changing.

Um they are permitted uses and development standards are changing.

So there will not be a district in the future that exactly matches districts that are in place today on this site.

And a one for one would be like uh RS5 becomes a R um what is it?

R D.

Yeah.

Uh R D.

R D.

Okay.

And R D just flat, no height restriction or anything.

So no.

RD is a residential district.

So this site is in the place type map.

It's a transit opportunity area.

So it would not get residential only zoning in order to comply with the comprehensive plan place type map.

It would be a mixed use type zoning.

And there are a number of those possible district options, and that is what we would work through through the UDO rewrite process.

And those possible district because what I am hearing the community say is they are concerned about height.

And if this small area is moved to RD, what is the height that would give to any development?

So right now in the UDO, it is not RD.

It is CX5, which is five stories.

There are other mixed use options with different heights that are a possibility that we could look at.

Okay.

Thank you.

Thank you, Councilmember.

Councilmember Riss, did you?

So again, so uh Ms.

Young, if you so it's so you're in I just want to make sure I'm clear.

So like the spirit of this is to kind of lock in the zoning that currently is in place even after the UDO would be passed.

So that that's is that what's the sphere of this is?

That's what is what I understand.

That's your interpretation.

I'm just trying to get a sense of what like what this is trying to accomplish.

Yeah.

My understanding is that the intent with this proposal is to ensure that uh the site is not upzoned to a degree where that uh through the new UDO they could do by right development and therefore kind of render the small area plan moot because the it wouldn't have to come before council for a rezoning.

Thank you.

Thank you.

Colleagues, anyone else?

Councilmember Baker.

Yeah.

I think the the spirit of the conversation is clear.

Um I think the conversation is clear, and I I hope that we can I hope that staff can work uh closely with with the neighborhood um to ensure that the appropriate action is taken.

Um but I'm gonna poll I'm gonna poll the motion.

All right.

Motion is withdrawn uh by council member uh Baker.

The motion, however, did have a second.

And when you have a live motion, it's no longer just the sole property of the uh of the person who who proposed it.

Um in this case, I'm gonna exercise the prerogative of the chairs who seconded the motion.

Are you are you are you okay with them withdrawing?

All right.

Yes.

Then we won't vote on the withdrawal.

We'll honor our colleagues' um desire to withdraw.

I'm gonna restate well, the original motion is still live.

Uh let me restate it just for the record, uh, to adopt a resolution amending the Durham comprehensive plan to include the Walltown small area plan that's already been uh moved and a second.

Madam Clerk, would you please open the vote?

Please close the vote and report out.

Motion passes unanimously.

I will also now at this time enter it entertain them.

I didn't get recorded, did it?

Sorry?

It did not it didn't get recorded.

I'm sorry, Madam Clerk, if you could I thought I clicked the yes button, so it must not gone through.

All right.

If you don't vote, it's an automatic yes.

Pardon me?

If there is no vote.

Yeah, it's a good one.

I just want to be recorded as a yes, but yeah.

Thank you.

We got you.

Motion uh to adopt uh I'll entertain a motion to adopt a resolution amending the Durham comprehensive plan as shown in attachment C by taking properties out of the established residential and neighborhood service area place types and establishing them into the recreation and open space and community institution place types.

So move.

Second.

I hear a motion and second, Madam Clerk, would you please open the vote?

Did you vote, ma'am?

You good?

All right.

Please close the vote and report out.

The motion passes six to zero.

All right.

Thank you so much.

Item uh 22 is discharged.

Thank you so much, residents and friends who came to speak on this matter.

Uh we will move on now to item number 23, zoning map change, Fayetteville Flats.

I'm going to officially use the call.

I'm going to officially declare this public hearing open.

I'm going to officially declare this public hearing open.

And you have uh stop making that you're out of order, ma'am.

Madam uh we'll receive the staff report on item number uh 23.

Thank you.

The public hearing is open.

Mayor Pro Tem Middleton and honorable council members, good evening.

I am Peyton Burgess with the Planning and Development Department, and I am happy to be here with you tonight.

A request for a zoning map change has been received from Nil Ghosh of Morningstar Law Group for one parcel of land.

All right, thank you.

Let's continue.

A request for a zoning map change has been received from Nil Ghosh of Morningstar Law Group for one parcel of land totaling 9.77 acres and located at 3707 Fayetteville Street.

The current zoning is residential urban five.

The applicant proposes to change this designation to Plan Development Residential 22.449.

The applicant is proposing to rezone the property to allow up to 220 income restricted multifamily units.

The properties are currently designated apartment and townhouse neighborhood on the place type map.

The proposed PDR 22.449 zoning is generally consistent with the designated place type.

Thank you, Steph and the applicant are available for any questions.

Thank you very much.

At this time, I'll yield to my colleagues for any questions of staff.

All right.

This public hearing is open.

Uh Mr.

Ghosh, you are representing the applicant.

How much time do you think you'll need?

Three minutes or something like that.

Please place five minutes on the clock.

Thank you, Ms.

Burgess, for your presentation.

Good evening, Mayor Pro Tem Middleton, members of the City Council.

My name is Neil Ghosh.

I'm an attorney at the Morningstar Law Group at 700 West Main Street in Durham.

I'm representing the applicant for this project, which is the Elmington Capitol Group.

And also with me tonight is Mr.

Joe Horowitz with Elmington.

This is an affordable housing project.

My clients intend to utilize the LITEC program to deliver a high quality multifamily development on the site.

This will be up to 220 uh apartment units across multiple buildings on just under 10 acres.

Uh and it's adjacent to Hillside High School.

Uh the proposed project is consistent with the playsite map, which calls for apartments for townhomes on this site.

It's an in-field development, conveniently located between two stops of an active existing transit route.

In addition to all that, Elmington has made some really strong commitments and wise decisions to bring this project into further conformance with the comp plan.

They have limited the amount of impervious surface coverage.

They have committed to using native plants and green building techniques.

They have even committed to a bus stop, even though there are two within walking distance of the site.

And that is another great factor here.

The site itself is walkable and is located near transit, schools, and institutional uses, public parks, the ATT Greenway, commercial, and more.

I think many of you know that I grew up in this section of Durham and I still live there today.

I actually can walk to the site from my house using sidewalks and the ATT almost entirely, like the whole way.

So it's uh this is pretty well connected and walkable site.

And the cherry on top is that they believe they can deliver this project without any subsidy from the city or county.

Now they would gladly take it if it's available.

But when they first approached me about the project, I explained to them that I did not think the city or county had any significant funds to help with this project on account of uh the ARPA money and the affordable housing bond money having already been uh awarded at that time.

So they're coming into this project with eyes wide open and believe uh they can deliver it and have high hopes to do so.

Uh frankly, I hope I can find more sites for these guys.

This is a really great project.

The planning commission supported it with an enthusiastic unanimous recommendation of approval.

I hope you all will feel similarly about the project, and I'll be happy to try to answer any questions you may have.

Thank you.

Thank you.

Thank you, Mr.

Ghosh.

I don't have any uh speakers assigned up, but this is a public hearing.

Is there anyone in the room or online who would like to speak on this item that is not spoken?

Please, Ms.

If you'll just state your name, you'll have three minutes.

Good to see you.

Thank you for being with us.

Uh Anita Scott Neville, uh native of Durham, and I did in fact grow up in this area that you're referring to.

Um I've never heard it referred to as Faithful Flats.

And my concern because of input from others who like me have grown up there and who live in that neighborhood.

I've heard about this project from current residents, and I've also heard about their concerns.

I don't see any of those individuals here tonight.

Maybe like me, they didn't know what Fayville Flats meant.

If if there's history in community engagement with current residents where you've referred to it as Fayetteville Flats, then I accept that.

But if not, I guess my concern is this is something you're going to vote on tonight.

My concern is that there be um representation here from individuals who have expressed concern about the density, the change in the traffic uh patterns.

And as the gentleman said, it is adjacent to Hillside High School.

What studies have been done to look into residual impact of the current census at Hillside and being able to serve families in this uh 220 apartment site.

I just stand up to raise those concerns.

And if there is space to make sure that those who currently live in this area now are aware of this action before a final decision is made.

Um I didn't have a prepared um I didn't come prepared, but as I'm listening tonight, I just felt uh compelled to uh place this in your thinking and consideration.

Thank you.

Thank you so much for being with us.

I'm going to declare declare this public hearing, close the matters back before the council.

I'll yield now to my colleagues on the dais for any questions or comments.

Thank you.

Just Councilmember Cook.

Um Attorney Ghosh, is there a um I I believe that I read it in and now I can't find it, but is there a donation to the Durham Public Schools?

Uh there is.

Yes.

I don't recall the amendment.

I'm sorry?

Does it does $9,000 sound right to you?

I can't find it, but I know that's that sounds right, yes.

Okay, $500 per student.

That is that for per student that additional student that was uh calculated in the staff report.

Okay, thank you.

Essentially what's the question?

Um yeah, I don't know why I can't find it, but use my search feature later.

Um, those are all my questions.

I just want to $9,000 just to be able to do that.

Thank you.

Thank you, Ms.

Burgess.

Okay, great.

Um I just want to say that um I appreciate you coming forward with this info project.

Uh this is the 100 percent affordability that I'm looking for up here, and I just want to say my thanks for bringing a project like this in front of us.

Um, even though I think that everyone knew that affordability would be a popular thing up here.

Uh y'all went the extra step and did that uh donation to the public schools and um the bus shelter, and so I just want to say thank you and I will be supporting this project tonight.

Thank you, Councilmember.

Colleagues.

Councilmember Burris, please.

I want to come and go echo Councilmember Cook and thank the applicant.

We talk a lot on this council about housing and the and the need for affordable housing.

This is an in fill project, 100 percent income restricted.

You've also given us um limited impervious as well as a bus stop.

This is a model in fill project.

I'm excited to support this.

Thank you very much.

Thank you.

Councilmember Freeman, please.

Thank you.

And I would just um echo my colleagues, it's a great project.

But I would ask um, just based on uh comment that was made if you wanted to address the community engagement and the level or whether or not there was some space for any conversations additionally.

Sure, yeah.

We had um well, we had two neighborhood meetings, and I could not tell you, although I think it's in the staff report how many people attended each.

In addition to that, we actually had direct conversations with folks from DPS as we're adjacent to Hillside High School.

Um we did have a representative from the church at our second neighborhood meeting, but we had not, and despite our efforts had not been able to have further conversations with them.

That having been said, when we started this project, there was an error in the tax maps.

There is a uh uh playground that the church uses, and it was shown as part of this parcel.

And we on our own effort decided we worked with the tax office to get that corrected.

The seller actually had given that area over to the church.

Um prior to us prior to Elvington having conversations with the seller.

So we you know we took it upon ourselves to correct that in the tax record so there wouldn't be an issue because it was it was displayed incorrectly on the tax map.

So you know there was um committee engagement and uh for what it's worth the project has been called Fedville Flats the entire time.

Thank you.

I appreciate the additional comments.

Thank you, Councilmember.

Councilmember Riss, did you have Councilmember Caballero?

I'll be brief.

I just want to say thank you for the project.

It's great, and also thank you for using a 4% light tech and not asking for city subsidy.

I appreciate that.

Sure.

Thank you.

Did alter everything.

All right, colleagues.

With that, I'll entertain a motion to adopt an ordinance amending the unified development ordinance by taking property out of residential urban five and establishing the same as Plan Development Residential 22.449.

So moved.

Second.

Please close the vote and report out.

Motion passes unanimously.

All right.

Next I'll uh entertain a motion to adopt the consistency consistency statement as required by NCGS section 160 D-605.

Move consistency.

Second.

I hear a proper motion in the second.

Please open the vote.

Please close the vote and report out.

Motion passes unanimously.

Thank you.

Item number 23 is discharged.

We'll move on now to item number 24, zoning map change 4218 South Alston Avenue.

This is the public hearing.

I'm officially declaring this public hearing open and we'll yield to the staff for their report.

Good evening.

Good evening.

Mayor Pro Tem Middle Middleton and honorable council members.

I am Peyton Burgess with the planning and development department, and I am happy to be here with you tonight.

A request for a zoning map change has been received from Dan Jewel of Thomas and Hutton for four parcels of land totaling 4.83 acres and located at 4212, 4214, 4216, 4218, and 4302 South Alston Avenue.

The current zoning is residential urban five to an office and institutional.

The applicant proposes to change this designation to Plan Development Residential 41.408.

The applicant is proposing to rezone the properties to allow up to 200 apartment units.

The properties are currently designated General Industrial on the place type map.

The proposed PDR 41.48 zoning is generally inconsistent with the designated place type.

If the proposed zoning is approved, staff recommends a change to the place type map to designate the property as apartment and townhouse neighborhood.

Thank you.

Staff and the applicant are available for any questions.

Thank you so much.

Colleagues, I'll yield now for any questions or comments to staff about this matter.

All right.

Seeing none, uh, I welcome Mr.

Jewell, who is representing the applicant.

Sir, how much time do you think you need?

Three minutes.

Please place five minutes on the clock, Madam Clerk.

Thank you.

Good evening.

All right.

Thank you.

Uh good evening, Mayor, members of the council.

I am Dan Jewell, landscape architect with the Durham Office of Thomas and Hutton.

My associate Jeremy Anderson is with me here this evening.

Uh we're at 2510 Meridian Parkway, and I reside at 1025 Glory Avenue.

We've been assisting our client uh Dermite Holdings with this proposed residential rezoning.

Uh you've had a fairly lively agenda tonight, so I will be very brief.

Uh we feel that this proposal will very much help Durham keep up with the ever growing demand for housing and in particular uh affordable and workforce housing.

You can see from our tax commitments, uh 40 percent of the units will be income restricted at 60 percent of area meeting income, and we will not be pursuing any city funding for this project relative to financing.

Uh in addition, we will be making a payment of $15,000 to Durham Public Schools prior to the issuance of the first certificate of compliance, and we're committing to 80 percent of the required tree plantings uh being native species.

Uh I'll conclude now by asking that you follow the planning commission's lead and their very strong 12 to zero recommendation for approval and hope that you also can find in favor of this request.

That concludes our presentation, and thank you.

Thank you very much.

We have a few speakers.

I believe they're all uh opponents, and uh we have some online.

I have the first speaker listed as Robin Odom.

Madam Clerk, do you see Robin Odom?

If you'll make uh them accessible.

Robin Odom, can you hear me?

Robin, can you hear me?

Mr.

Mayor Pro Tem, Ms.

Odom's not responding.

All right.

Sarah Mosier.

Sarah Mojier.

Hi.

Can you hear me?

Yes, I can.

Thank you.

Good evening.

Thank you for being with us.

You'll have three minutes.

Thank you.

Good evening, Council members.

My name is Sarah Mojer, and I live in a historic 1928 home directly across from the proposed development.

I'd like to provide you with local context regarding the historic neighborhood and the affordable housing element proposed.

Many of my neighbors' voices will be heard tonight for the first time in this process because we are not an organized body, well positioned to advocate for our community.

We are not wealthy in the store closed grove neighborhood.

We don't have HOAs, and we're no Trinity Park, but that does not mean that our history can be ignored.

The comprehensive plans requirement to design during Durham's unique identity and reflect the nearby historical context was not addressed.

The development's location in historical neighborhood was not identified in the planning process, nor was it identified that this parcel is directly adjacent to two historical homes.

This development is proposed to be up to 80 feet tall, which translates to six to eight stories high.

A massive modern architecture high density development is not appropriate for the historic Lows Grove neighborhood.

The single compelling element of this development proposal is undoubtedly the affordable housing it offers, a vital need in Durham.

Although it's tempting to see a portion of affordable housing in this development and move to approve, I ask the council to consider the following elements.

The area where this overdevelopment is proposed is entirely absent of green spaces and community gathering spaces.

I love living in my home, but it takes a good deal of privilege to do so.

I don't have any local parks or green spaces nearby, but I have a large lot with a big yard that I garden.

Overdeveloping in this small parcel to accommodate up to 200 units will leave no space for these residents to connect with nature, parks, or open space on that parcel or nearby.

In addition to no access to green spaces or parks, residents here would face dangerous traffic conditions.

Traffic is stopped multiple times every day in front of my house, but as someone with the privilege to work from home, I just don't go out.

This is not a privilege that most of the hypothetical 800 plus residents trying to use this already dangerous, overburdened road would get to enjoy.

Another privilege I have is access to vehicles.

It is irresponsible to allow this high density of affordable housing in a location that is dangerous to walk, does not have sidewalks, and although the developer has offered to pay for it, there are no current or planned pedestrian connectivity to the nearest bus stop.

Councilwomen and Council men, please do not shove affordable housing into a space where it will not provide a safe and high quality of life existence for our community members.

Please do not allow this developer to overdevelop our historic neighborhood, and please vote no to this rezoning request.

Thank you.

Thank you so much for being with us.

Mr.

Mayor Pro Tem, Mr.

Sullis is not in the queue.

Okay.

I'm circling back around.

Do you see Robin Odom?

Robin Odom, if you're watching us, if you can hear me, if you'll unmute.

Mr.

Mayor Pro Town, Ms.

Odom is not responding.

Okay, thank you so much.

Well, coming back uh in chamber.

Fadi Alater.

Good evening.

Thank you so much for being with.

You'll have three minutes.

Thank you for being with us.

Good evening.

My name is Fabi.

I live at uh South Austin Avenue.

If would you get a little closer to your microphone and make sure it's on?

My name is Fadi.

I live at South Austin Avenue.

I'm here to uh uh encourage the council to vote no on this rezoning request for different like three primary reasons.

First, uh Austin Avenue cannot safely support additional traffic.

Traffic congestion is already a daily issue along this stretch uh of Austin Avenue, especially near the Carpenter Fritcher intersection.

Uh residents routinely experience backups and accidents, difficulty entering or exiting their driveways.

Uh while the developer has proposed 10 lanes, these minor improvements will not address the core problems, which uh South uh which Alston Avenue already overburdened.

Uh additional high-density housing will uh worsen traffic, delay emergency response times for the many services that use this corridor uh and increase the frequency of accidents.

Uh second reason uh there is insufficient uh pedestrian connectivity.

This area currently currently lacks sidewalks, making it unsafe to walk along Alston Avenue or to reach to the nearest bus stop on Highway 55.

The developer uh has offered a partial sidewalk on an adjusted parcel, but the landowner declined.

And there are no concrete plans to complete a safe uh business train connection.

Approving a high density project, particularly uh one with a high percentage of affordable housing without adequate uh uh business train infrastructure is irresponsible and unsafe.

Uh third reason here is the high density development is incomplete with the historic laws groove neighborhood.

Lower groove is a historically rural agricultural community dating back to the late 1700s.

Uh the proposed development uh site sits directly beside the across the from the two uh preserved historic homes.

The 1849 Colonial Revival Residence at 4208 South Alston Avenue, and the 1928 Sanders Family Home at 4211 South Austin.

A modern modern uh high density complex would undermine the historic character and context of this neighborhood.

Uh the developer already has the ability under current zoning to build up to 38 multifamily units on this parcel in a yeah.

Mr.

Lane, thank you so much.

I encourage you, I urge you to vote no for that.

You're fine.

Thank you so much for being with us this evening.

That's all of the speakers that I have that had uh pre-registered to speak.

Mr.

Jewel, did you want to respond to anything?

Thank you for the opportunity.

I'd simply like to say that um every every new development proposal comes with some level of traffic increase.

It's just inevitable.

Uh the staff report does speak to the fact, though, that uh Alston Avenue is not at capacity and this project does not take it up to capacity.

I know there's certainly a perception of the neighbors always that traffic is terrible and more traffic is is is going to be worth worse.

We we respect that and we understand that.

Uh Lowe's Grove is a historic neighborhood.

Uh it's become fractured over the years.

The houses across the street are beautiful.

They are.

I I very much admire them and hope the folks that own them will uh continue to take care of them the way they have and can and and and they will remain.

Uh but during all the comprehensive planning process over the years, et cetera, et cetera, uh, this site is slated for some type of redevelopment, and we just hope that you will agree that uh the ability to let us build up to 80 affordable units will um will be uh a strong enough incentive to let this project go forward as opposed to say an industrial building, which the current land use plan would show.

So thank you for that.

Mr.

Jewel, thank you so much.

And and I asked for uh our neighbors' apologies.

There is another speaker who has signed up.

Uh I'd like to welcome Mr.

James Eaks.

Mr.

Reeks, thank you for being with us.

Forgive me uh for the omission.

You'll have three minutes.

Good evening, thank you.

My name is Dr.

Jim Acre.

Uh I'm speaking against the rezoning.

I've lived a mile away for 30 years in the Penrith neighborhood, and I opened my dental office next door to this site 20 years ago, rebuilding the historic property at 4208 at South Austin Avenue.

Uh since then, two large trucking hubs, FedEx and Southeastern have come in less than a mile south of this property.

Um the project seems to have added uh obviously they created a lot of traffic.

Uh this project seems to have added 40 percent low-income housing, lower income housing to try to overcome the obvious traffic issues uh with and access issues with this site.

Morning commute time and much of late late afternoon commute is so crowded we frequently can't turn left.

We actually stop our practice uh mid-afternoon so that the staff can get out besides the value and family time.

But our business driveway uh next door um we can't turn left.

And I don't know how these 200 uh unit residents would be able to turn left.

Carpenter Fletcher Road is one lot up from me and connects to Highway 55 and South Austin Avenue.

It's about a tenth of a mile stretch.

And morning and evening, frequently it's gridlocked both ways.

Um it stops traffic on South Austin Avenue and also impacts um highway 55 traffic.

There is no walking path to the bus stop down on Highway 55.

You have to walk across railroad tracks and high weeds to have a chance in two-lane road at the at the railroad crossing.

In addition, you know, one of the associated schools over 100 percent capacity, but I know they're mitigating with with money.

Um while great to add low-income housing, lower income housing, and that positive, which I applaud and love, um uh can't overcome a traffic and access issue.

Currently, the Great Fire Firefighters, Carpenter Fletcher uh half a mile away wouldn't easily be able to uh reach these apartments because that two-lane road is gridlocked uh during several times of the day.

Recommendations don't approve this this as submitted.

Uh they're approved for 38 units if they want to lower the the density, perhaps.

But um consider giving Southeastern and FedEx trucking hubs access to TW Alexander is a very short window to TW Alexander from their sites.

Uh restart the project to widen carpenter Fletcher that was canceled in 2020.

Uh it was giving bike lanes and other things, but solve that intersection problem, create access to city bus stop on Highway 55, so work out traffic, emergency vehicle access, and bus access before adding 200 departments, whether they are lower income or not.

Thank you so much for your time.

Thank you, Dr.

Aker, and forgive the name but Turing.

This is a public hearing.

Is there anyone else in chambers with us that has not spoken on this item and wishes to speak?

This is a public hearing.

Seeing that, Mr.

Jewel, did you have anything else?

All right.

I'm going to officially declare this public hearing closed in the matter is back before the council.

I yield to my honorable colleagues.

Councilmember Cook.

Thank you.

Um Attorney Jewel, I have some questions for you.

If you had mine.

Okay.

Um I you responded very briefly on the traffic study, but I was wondering if you could just say a little bit more about there was one that was done, is that correct?

Uh no, councilman.

This is this uh the unit count is under the threshold of needing to do a traffic impact analysis, but there is a um roadway capacity analysis that the city and DOT keep up with, and that's in the staff report.

Okay.

Um could you speak to the community engagement that you did?

Yes, we had the uh the two required neighborhood meetings.

Uh one was held just before we submitted our zoning application a year ago, and then the uh second was held about three or four weeks before the planning commission.

And in that in those two meetings, did you all have conversations about the historic nature of the community?

I don't recall the historic nature coming up at all of those two neighborhood meetings.

The conversation was about traffic, traffic, and traffic.

Okay.

And maybe traffic.

Um did you have a conversation with staff around transit and connectivity, potentially also.

We just saw a project come before us with a bus shelter, so I'm just curious about if we talked about that at all.

So our uh, you know, obviously we're doing the the 10-foot multi-use path along the front.

Uh we we had uh at the planning commission, we had proffered, and we're still willing to do that, funds to build there's uh there's one last property north of Dr.

Eker's property.

He built a sidewalk years ago when he built his building.

We will be tying into that.

Of course, our sidewalk will be much wider than that.

But there's a a several hundred foot stretch from the north end of his property up to the corner of Carpenter Fletcher and Alston.

Many of you may know there's actually a city-initiated uh pedestrian improvement project going on right now on Carpenter Fletcher Fletcher that was started at Alston Avenue and go uh way, way west.

The intervening property, though, right of way would need to be acquired.

And um that property owner is actually using the area where the multi-use path would go for parking right now.

So we touched base.

Um we got a pretty pretty strong no to that.

Um but I think we would we'd still be willing to put some money into a fund.

I will make that a proffer uh to pay pay for that sidewalk at whatever time is appropriate when that right-of-way could be acquired.

Um and then could you address the bus stop too?

Uh I have not had a conversation about a bus stop.

That would be a pretty strong proffer.

I know what bus stops cost.

We've done none before.

But no conversation around that.

No.

No.

Um any interest in doing a hundred percent affordability instead of 40?

Um, just not like that.

Um I just would be a great project, except Nil's project before us.

So um what I did see is that there was a 20-year limitation, and we normally are seeing that for 30 years.

Um can you speak to that or or y'all will you are you willing to extend that out to the 30-year period?

Can't do that right now.

Our our our client's financing model, uh his uh banks and finance partners are looking for 20 years to start.

That doesn't mean it won't be extended sometime in the future, but 20 years is is where we are.

Thanks for asking, though.

Um what about public space?

I heard some of the folks say that there's no green space in the area.

Um any consideration about setting aside some public space or green space?

There will be amenities within this community that will be for the members of the community, the folks that live in here.

Yeah.

That's not public.

So are it.

Okay.

Any interest in having public space on this property?

It's way too small a site for that.

It really is.

Okay.

Those are my questions for now.

Thank you.

Thank you, Councilmember.

Councilmember Baker.

Just a just a quick question for staff.

And um can you just let me know?

Because this is obviously in the place type map, is um first of all, 40% affordable is is uh it's a very large amount that we don't typically see.

So I want to acknowledge that.

Um this is uh industrial on the place type map.

It from the staff's perspective and analysis and looking at at this.

Is there any concern about losing industrial land?

It's I know that's one of those kind of it's not currently industrial, it's single-family homes on that property today.

Obviously, at some point there was a decision to to for to envision this area as as industrial.

Obviously, there's a lot of kind of dispersed industrial in that area, um, light industrial for the most part, but not entirely.

So could you just let me know kind of what has been staff analysis and thinking around industrial, you know, and obviously we know the historic the historic nature of industrial and affordable housing concern.

Um I'm not sure this is directly adjacent to kind of heavy industrial that that would create that concern.

But what do you what was staff's analysis around losing some industrial land, converting this in the context of it being sort of close to a transit opportunity area and and everything else?

Yeah, I think on a case-by-case basis, staff has really been leaning into the industrial land use study.

And for this site, um it was a part of the study, and it was not one of the identified uh recommended areas for industrial uses.

A lot of those parcels are nearby, um, but this site specifically was not um identified in that study as being ideal for industrial use.

Okay, awesome.

And then if the rezoning happens, the place type map changes, and then there is still a sliver of industrial to the north uh of this.

Would we just go ahead and leave that or or would staff look at that as potentially changing it too?

Um I'm sure that could be considered as a part of the the new UDO process, but there's not currently a petition to have that change right now, no.

All right.

Thank you.

Thank you.

Thank you, Councilmember Colleagues.

Anyone else?

Councilmember Rist.

I'm sorry, Councilmember, will you Councilmember Risk?

Go ahead, please.

Thank you, Mayor Pratem.

Thank you, Ms.

Jewell.

Um yeah, this is um a really interesting project.

And again, as you said, on any of the night, your 40 percent of offer of housing would be amazing compared to Nils thing.

But I again I want to thank you for the 40 percent affordable.

That's a strong offer there.

Um in this kind of infill project.

I appreciate the additional proffers you've made since the planning commission and also the proffer tonight for the sidewalk piece.

I actually drove by there today.

Like you're maybe a quarter of a mile from the transit that's right there on Alston Avenue, right?

It's just it's right there.

And yet, Dr.

Acres property, a beautiful sidewalk in front of your property, you'd connect to that, but it's that parcel right on the corner that it's like it's almost like a gravel, it's a gravel lot, right?

So appreciate it's a parking lot.

Parking lot, yeah.

So appreciate your offer of of of uh funds to help support a sidewalk if we can get that right away.

And then there's also that tricky little admittedly tricky kind of walk along Carpenter Fletcher, which has steep sort of like ditches on either side.

You get the railway, so it's it's so close to transit, but yet it's a it's uh with difficulty you would get there.

So um I appreciate your offer to to to uh to additionally fund for sidewalks that we can get the right-of-way.

Um again, it's uh it's nothing's perfect, but this is a pretty strong offer of affordable housing and housing in an area, frankly, that's not that far from I recognize there's industrial uses around that area.

Um you're also not that far from the Southwest Regional Library, right?

So there's there's a lot happening in that area.

I think it's uh to me, you you cross the threshold.

I support this project and want to thank you for bringing it forward.

Thank you, Councilman.

Councilmember Freeman.

Thank you.

I just want to check in with staff and just um regards to how uh property or area is noted in our staff reports.

You don't include whether it's historic or anything in it in the staff reports anymore?

Yes, we do.

Um it is if there is a historic structure on the property that's identified um by the NC uh State Historic Preservation Office, then that will be included.

Just if it's not, if it's not on the site, then we just don't include uh that bit on there.

What I would what I want to hold in attention is that it's hard to tell the story of stolen land and enslaved people without acknowledging land ownership given by the king in 1700s.

And so I just want to make sure we're not losing that part of history as well, and so we're making sure we're identifying where those things are happening, um, what where those things happened and um we don't lose that context um moving forward.

So it would be good to just make sure we're including when there's a historic neighborhood nearby, whether the structure is on the property or not, um just making sure we don't lose that piece.

And then I will say that the 40 percent is phenomenal.

I am a little concerned about the open space, and so is there any context that the staff could share on how they assess what open space is nearby?

I know we're talking about 15 minute cities.

This is a huge you know, increase in the number of residents that would be using uh not just the roads, but just the walkways.

How are we making sure that we're aligning that I know there's a process, that's what I'm getting at.

Can you share more about how that works?

Yes, absolutely.

Um so one of the things that we look at uh especially, and I'm trying to find the exact policy number.

Um, but it is that sites are within a 15-minute walk to a park.

And so when you're talking about the the publicly accessible open space, that policy and the comprehensive plan is in our comprehensive plan consistency review.

Um so you can see in there whether that policy is met or not.

So that's how we're kind of identifying that access.

And then two more.

Um so in addition to that, for the industrial or for the industrial zoning that it currently is, what's the height that would be in place for that?

That is a good question.

Let me look really quickly.

As much as I would love to have the the UDO memorized, I'm not quite there yet.

Give it time, you will it looks like for the RU5-2 portion, that maximum height would be 40 feet.

And is that facing the historic structures across the street or I'm sorry, what do you mean?

So just trying to get context on where um the current zoning is and what the height could be just by right with the industrial.

Yeah, absolutely.

Um so if you'll see in the packet on the zoning context map, um the current zoning, which is primarily the uh residential urban 5-2, which I I just read the height maximum for, goes up to South Alston Avenue, and the other zoning is just kind of uh a small sliver on the outside that faces the adjacent property, not across the street.

So yes, that zoning would be applied all the way up to South Alston Avenue.

And that would height would be And that was 40 feet.

Okay.

And so 40 feet would be essentially where an industrial building would be.

And um, Mr.

Jewel, if you could help me out with your this project here, what's the height that you would have?

We have uh a committed element of maximum of 80 feet.

Okay.

And so you're doubling the height and committing to the 40 percent affordable housing.

And I want to say that that's a pretty good um trade-off.

Uh it's hard to I just want to make sure that that is held in tension and acknowledging like this case is not something to be like all cases are different.

Some folks will try to say that every case is the same, and some folks will try to say that you know they look at everything the same way.

I want to say that with this specific case that the fact that this is 40 percent does raise the level of kind of well, what what else is going on in the area?

But the the my one concern is in acknowledging that the this the lack of open space that will um be provided for the residents around um once this space is gone.

And then also um the fact that if there is no historic designation, how how do you tell this story?

And so I'm I'm trying trying to navigate that that in my own mind, but um yeah, I think from now that's all the questions I really have.

No, one more.

For the tracking side on the 20 years, who is actually covering that?

I know this has come up before.

Has there been a process identified in community?

Well, as it's a new department, so what does that look like?

So we know in 20 years, what is this 25?

So in 45.

Who's tracking whether they've kept affordable housing in place?

Um that is a great question.

And as far as the specifics on that, I'm actually going to turn it over to Sarah Young, planning director.

Thank you.

Good evening.

That is tracked by the housing and neighborhood services department.

I'm trying to get the name right.

Um, they are the ones who follow up with folks, they are the ones that receive the annual certifications and keep track of these things for the life of the commitment.

Thank you.

And I will say that this process has gotten so much better, so much better than um it has been in the past.

And even though you're not doing 30 years.

So um talk to me a little bit more about the walking path of um Mr.

Jewel.

So we don't have a map up, but um, as you go north from this property, you run into the uh dentist office that was built several years ago, and it has a sidewalk in front.

It's not a 10-foot sidewalk, but it does have a sidewalk.

And then there's one more parcel between the end of that sidewalk and Carpenter Fletcher Road where the city will be doing those improvements.

So that's the that's the missing link.

That's the gap that would allow uh somebody to walk safely on a sidewalk all the way over to NC 55 and access uh the public transportation route over there.

Because there are bus stops at the opposite corners of Carpenter Fletcher and uh in 55.

And I know that because that's uh 200 yards from my office, and I drive by it two or three times a day.

So thank you.

And just another follow-up question for staff.

Um, and it may not be you and planning.

Um thinking whomever is um identifying our commun our capital improvement projects.

Is Carpenter Fletcher Road in our current um lineup for the capital improvement projects in the coming year or the next year in the next five years?

I know we've been we're planning out.

So um and in the staff report, it uh explains that the uh Carpenter Fletcher Road from Woodcroft Parkway to Alston Avenue is a part of the City of Durham's Southwest 44D project.

Um I'm not sure what the fiscal year, the timeline is on that.

Um I would have to check with transportation staff.

Is there is transportation staff available?

There is not currently right here.

Yeah.

So transportation, just a quick update since the re-org development review transportation is now under planning and development, and so we can answer those questions.

But things like CIP projects related to transportation, there is not representation here this evening for that.

Thank you.

I would like to get follow-up though.

And I think the city manager said he will.

Thank you.

Thank you, Councilmember.

Councilmember.

Just to follow up on that.

So Ms.

Burgess, so you said that project, as you understand, goes from Woodcroft Parkway on Carbon and Fletcher towards 55, right?

But doesn't cross 55.

Is that do I understand that correctly?

To this to the which is the where this project is, right?

No, it does it.

It goes up to South Halston.

Oh, good.

That is great.

Okay.

Thank you.

All right.

Councilmember Caballero.

I will be supporting this project.

I think that the area is changing over, and I think adding residential, adding affordable helps us guide, you know, helps guide us to what we want to see.

It is that there are some various, you know, lovely homes along that corridor, but there's a lot of other stuff along that corridor.

It is not very unified.

And I know South Regional Library well.

It's one of our early voting sites.

It's one that's probably the highest volume other than maybe Maine Library.

So I've driven that route many times over the years.

And I always find it an interesting part of the city because you can see that transition and kind of for lack of a better word, a little bit hodgepodge.

And so I think that this type of development will hopefully start to create a through line for what we're seeing around there, and then push this towards that connectivity piece that we're starting on carp uh Carpenter Fletcher, but you know, building down Alston towards the school, towards the library, towards those community spaces.

And that's going to be you know the city's burden to complete that and do that work.

Um so I just wanted to say uh thank you for bringing the project, and I'm glad that we have both projects, like a ton of affordability and a lot of great proffers associated with them.

Councilmember Cook.

Mr.

Joel, I have one more question.

Sorry.

And I know that I asked you a lot of extras.

I am excited about the 40 percent affordability.

I would like to know though, are all of the financing partners, is it all privately financed, or are you all seeking any public subsidies or any tax incentives?

I I don't know the exact makeup, but I do know that there will we they will not be seeking any uh funding from the city or county.

Uh they they I think they probably may ask for LITEC financing, but I'm sure that would be the 40% the 4%, not the 9%.

Uh because you know, the project you saw before, those are the kind of projects that can get 9 percent.

The other thing is it would score poorly for 9 percent because one of the things that dings you on the scorecard is being adjacent to railroad tracks.

Um we are adjacent to railroad tracks.

That's interesting.

Yes.

No city funding, no county funding, possibly North Carolina Housing Finance Agency.

Okay, but nothing secured yet.

So at this moment, y'all are prepared to move forward with the financing or there is a pathway forward with the financing that's already been secured.

Yes, yes.

These these clients have done this before.

Okay.

We get a lot of people up here that say that they aren't able to increase the affordable proffers due to financing.

So I just it's interesting to hear that y'all are able to do it for the 40 percent without having secured.

We wouldn't have submitted the application if the wherewithal had not been there.

Yes, thank you so much.

I will also be supporting this project tonight.

Thank you.

Mr.

Joel, while you're up there, just one quick question and uh clarify clarification from staff.

Um the proffer that you mentioned earlier regarding um donating to sidewalks.

Was that a formal proffer?

And if so, how much was that?

Yes.

Uh we will we will proffer the um an agree to put upon actual construction estimate amount uh to construct that sidewalk from the north end of Dr.

Eker's property up to uh Carpenter Fletcher Road.

We're not committing to using the $975 allineal foot payment in lieu, which seems to be the rage at the moment, but we will come up with an actual construction cost working with a contractor.

Uh and that will be the amount that we proffer.

And of course, that will be worked out with the uh uh uh development services department.

Thank you.

Clear enough.

Good enough.

Works press.

Thank you, colleagues.

I think the planning commission got this one right.

I'll be supporting it.

I think that low-income people that live in apartments uh deserve to live in historic neighborhoods.

I think it's one of the hallmarks of an enlightened U.S.

metropolis.

With that, I will entertain a motion to adopt an ordinance amending the unified development ordinance by taking property out of residential urban 5.2 and office and institutional and establishing the same as Plan Development Residential 41.408.

So moved.

Second.

Our motion is second.

Madam Clerk, would you please open the vote?

Please close the vote and report out.

Motion passes unanimously.

Thank you.

At this time, I'll entertain a motion to adopt a consistency statement as required by NCGS Section 160 D-605.

Move consistency.

Second.

Your motion is second.

Madam Clerk, would you please open the vote?

Please close the vote and report out.

Motion passes unanimously.

Thank you.

We will take a brief bio break.

We will be back in session at 92.

Recording stopped.

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At this time, we will move forward with item.

Our last item for the evening, item number 25, zoning map change 303 US 70 warehouse.

This is a public hearing.

I'm officially declaring this public hearing open, and we'll receive our report from staff.

Mayor Pro Tim Middleton and honorable council members.

Good evening.

I am still Peyton Burtress with the planning and development department, and I am happy to be here with you tonight.

A request for a zoning map change has been received from Katie Hamilton of Gander Development for one parcel of land totaling 10.25 acres and located at 303 US 70 Service Road.

The current zoning is residential suburban eight and industrial light.

The applicant proposes to change this designation to entirely industrial light.

The applicant is proposing to rezone the property through a general rezoning to allow for the full entitlements of the industrial light district.

The property is currently designated General Industrial on the place type map.

The proposed industrial light zoning is generally consistent with the designated place type.

Thank you.

Staff and the applicant are available for any questions.

Thank you so much for that report.

I'll yield now to my colleagues for any questions.

All right.

Seeing none, uh, Mrs.

Hamilton, good evening.

How much time do you anticipate needing?

Yep.

You're a frequent flyer.

Put five minutes on the clock, please.

Thank you for being with us.

Thank you, Mayor Pro Tim and members of council.

Again, my name is Katie Hamilton.

I'm here with Gander Development.

We're located at 2310 South Miami Boulevard in Durham.

Um the uh zoning in front of you today is just to rezone just less than an acre of the property in question.

It's the northeast corner of the property.

Um, and that will match the rest of the property's designation of light industrial.

Um, this site is bounded by US 70 Service Road on the south, a um railroad track to the west, and a um self-storage use to the north and ampac machinery to the east, and then uh established single-family residential neighborhood um in our northeast and vacant residential to our uh other northeast.

Um we previously had been leasing this site to Drogados while they built 885.

So if you look at the site in an aerial, you'll see that it was being used primarily as a laydown yard and a parking lot for Drogados while they uh were constructing 885.

Um following their completion of that project.

We uh finally are able to look at what this site can be used for, and we are uh seeking to put a um warehouse manufacturing and assembly facility.

Um we've partnered with a group called Tectonic and Hamilton Property Group.

They specialize in these types of buildings.

That's not really our uh forte.

So we found a partner who specializes in that.

And um after meeting with them, the agreement was that we really should make this a consistent zoning just so that everybody knows how to apply that zoning um across the board.

Um so we are rezoning to have the entire site be light industrial.

Um and based on our pre-application meeting with staff, it was determined that a general rezoning was appropriate for this type of zoning case, um, as it is more of a cleanup zoning than a resulting change in use or intensity.

Um and one of the major reasons that we, as staff at Gander, want to make sure this is done, is there is an existing storm pond on site, and we have had the misfortune of doing a split-zoned community before where we had to uh handle stormwater separately based on different zonings.

So we just want to make sure we're not falling into that issue again um with this site.

Um and based on the uh IL zoning being consistent with future land use map and all long-range planning documents and the unanimous uh support of planning commission and the limited scope here.

We are hoping that we can get uh support from y'all as well.

And with that, thank you so much.

I don't have any speakers signed up for this.

This is a public hearing, however, is there is there anyone in chamber with us this evening or online who wishes to speak on this matter?

This is a public hearing.

Do you wish to speak, sir?

If you'll approach the microphone, just give us your name.

You'll have three minutes.

Thank you for being with us.

Good evening to the distinguished guest and honors and judge and mayor and everybody.

I didn't come to speak.

I um there was a meeting, the first hearing, I didn't hear about it.

And then when I heard about it, I said, okay, I will make sure I get this next one.

So then I did get a letter in the mail.

And when I got the letter in the mail, I decided to come down to see what's going on.

I live right there where you're talking about building this warehouse right here in the red circle, this is where the warehouse would be going, you say.

Well, I'm right.

One second piece, the third piece, uh, which is about an acre of land right in there.

And I have problems now getting in and out with traffic.

If you're gonna be able to warehouse, what kind of warehouses are gonna be?

See, I'm not familiar with this, so I'm asking questions because I don't know.

Uh what kind of warehouse would it be?

No, the time is yours.

She'll get a chance to do that.

I need to know what kind of warehouse it would be because uh the traffic is already ridiculous there.

Um the city, the DOT is talking about opening and widening the road.

With the DOT widening the road, that's gonna give more access for traffic and move and flow.

But at this point in time, at five o'clock in the afternoon, the train comes through, it stops, nobody moves.

You sit there for at least 20, 25 minutes, and then you come on, you can move on along.

Um the roads leading to wait for ours coming back into Durham right there at the tracks.

And were you talking building that warehouse?

So that's gonna make a whole lot of traffic build up.

So how you I want to know how you're gonna relieve the problem as far as the traffic, the tension, depression, all that.

Because I didn't, I don't know.

That's all I had to do.

My name is Stanley Ballard, by the way.

Thank you so much for being with us.

Did you want to respond, Ms.

Himler?

Um, yes, so the site will be accessed not on 98 but on US 70 Service Road where the current access to get a little closer to the mic, please.

Sorry, I'm sorry, yes.

Is that good?

Okay.

Um so the site will be accessed via US Service 70 service road.

It will not be accessed on 98.

US70 service road does connect to 98, so there is potential that there will be some traffic generated that will go that way.

There's also a good chance that a lot of it will flow on US 70 Service Road um Southeast to get on to 885 to get you know to a faster route for uh movement um in regards to what kind of facility it is.

Um we're looking at what are called blue chip um blue chip companies um and they focus on manufacturing and assembly um and would have approximately 90 employees um based on our partners' calculations.

Okay.

All right, thank you very much.

I'm gonna declare the public hearing closed.

The matter is back before the council.

I'll yield now to my honorable colleagues for uh questions or comments on this case.

Councilmember Cook.

I just want to ask really quickly.

Um did was there it sounds like our um and you said your name was Mr.

Boward, I think got a got a notice but for this meeting tonight, which did y'all send out notices appropriately and did you have any community engagement?

Um we sent out the notices um per the standards and the first neighborhood meeting we did not have any attendees.

That was the one at the beginning with this middle.

Once we were clear of comments, we had three attendees of their second neighborhood meeting.

Um the feedback we got on that one was actually in relation to the vacant residential property to the northeast that you see um and an unhoused uh population on that property, and they asked us to communicate with that property owner, and that's what we did following that meeting.

But the people who attended that meeting did not um have concerns about this site specifically.

Okay, thank you.

Those are all my questions.

Thank you, Councilmember.

Colleagues, anyone else?

Councilmember Rist.

Ms.

Hamlin, I just had one other question.

So some just on this traffic issue.

So it looks like the um report shows two different roadways.

So you're saying the access would be predominantly from 70, is that correct?

It would be completely from US 70.

Yeah.

Because I drove the site today.

You could from your site, you could drive up Hoover essentially to 98, right?

Yes, you could.

But that's not your that's not your main access.

Because 98 is getting close to capacity, clearly, that admittedly.

Yes.

Right.

So US US 70 service road and has a much better flowing traffic to get to 885, which you know, luckily was completed.

And so that that would be a better option based on 98.

Trust me, I live in Wake Forest and drive 98.

I understand the issues there.

Um, but yeah, this would be the main access would come from the 70 service road, and most of the traffic we would foresee going to 885, not up to 98 to 885, but going the other direction.

Great, thank you.

I think this is a great cleanup.

I think um clearly this is where your parcel is there, is a is a very industrial area, so this makes sense to me, so I appreciate your coming forward.

Thank you, Councilmember.

Councilmember Freeman.

Thank you.

I would just have one request that you follow up with uh Mr.

Ballard and see if you have to do that.

Council member, would you get closer to your mic, please?

Yeah, I will follow up with me.

Yes.

All right, colleagues, and what council member copyer?

Thank you.

I just have a quick question based on the aerial map.

You you all are gonna but a residential area probably on the it looks like on the back of your property.

So what um like what what mechanisms are you gonna put because it's you know, industrial light often that has a lot of lighting and and it could encroach on that residential property.

So what are y'all doing to climb up?

So there is a 50-foot um buffer that's required by the UDO.

Um there's also a what I noted about the stormwater pond is that's the low point of the site.

There's also actual like wetlands in that northeast northeast corner um that would be protected.

And then next to that is the stormwater pond, obviously in the low part of the site.

Um so uh the entirety of the development would really be in the footprint of what Drogados was using other than any clearing needed to get to expand the stormwater pond.

Okay.

So you're saying like kind of the back of it is not gonna be touched very much.

Okay, yes.

And if you look at the topo of the site, it really falls off to that northeast corner.

And so it really, as far as an industrial pad, doesn't work to step down.

Thank you.

Thank you, Councilmember Colleagues.

Anyone else?

All right.

Uh with that, I uh thank you so much, uh, those who spoke on this matter.

Uh I'm going to entertain a motion to adopt an ordinance amending the unified development ordinance by taking property out of residential suburban eight and industrial light, Falls Jordan District B watershed protection overlay, and establishing the same as industrial light, Falls Jordan District B watershed protection overlay.

So moved.

Second.

Please close the vote and report out.

Motion passes unanimously.

Thank you very much.

I'll now entertain a motion to adopt a consistency statement as required by NCGS section 160 D 605.

Move consistency.

Second.

Please close the vote and report out.

Motion passes 6-0.

Thank you, Honor.

Honorable colleagues.

That brings us to the end of our published agenda for the evening.

Let me thank all of our neighbors and friends who came out tonight and participated virtually.

It is August 18th, 9 35 p.m.

We are adjourned.

God bless Durham.

I've already filled this out.

I know the last starts to watch.

I filled it out like three weeks ago.

For July first.

This has an updated sound.

I mean it says the income income during the calendar year preceding the filing of this statement.

And so that's what I did, the calendar year preceding.

I mean, I can do it again.

It's just gonna be exactly the same information.

What happens is we get checked by the media funds.

Yeah.

I know, but I just I just did it.

Let me check it.

I mean, I'm gonna be literally I can try.

I mean it again.

No, I think it was um dated like the wrong date.

Like I did it before July first.

And so I just need to do it again.

I know it's a hassle.

Good night.