City Council · Regular Meeting · April 1, 2024

good evening everyone and welcome to City Hall it's good to see everyone colleagues good to see you all uh we are going to call this meeting to order at 700 pm. and if we will let's have a moment of silence please thank you at this moment we'll have the Pledge of Allegiance led by council member Freeman thank you our practice to stand and salute the flag FL thank you Madame clerk can you please

call the role mayor Williams here mayor Pro Middleton I'm here council member Baker here counc member cabayo council member cook here council member Freeman present council member rist here thank you council member cabier is here she went upstairs to uh get get something get her stuff all right at this time we um colleagues do you have your proclamations all right at this time we have a few proclamations to read ceremonial items uh council member uh C you will please go first good evening everyone um if I could have Grace Jones and Liz Unknown context come join

me okay great all right this is going to be our fair housing month uh Proclamation so whereas the Fair Housing Act enacted on April 11th 1968 enshrined into federal law the goal of eliminating racial segregation and ending housing discrimination in the United States and whereas the Fair Housing Act prohibits discrimination in housing based on race color religion sex familial status national origin and disability and commits recipients of Federal funding to affirmatively further fair housing in their community whereas Durham is committed to the mission and intent of Congress to provide fair and equal housing opportunities for all whereas our social fabric the economy health and environment are strengthened in diverse inclusive communities and whereas more than 50 years after the passage of the fair housing act discrimination persists and many communities remain segre segregated and whereas acts of the housing discrimination and barriers acts of housing discrimination and barriers

to Equal Housing Opportunity are repugnant to a common sense of decency and fairness now therefore I Leonardo Williams mayor of the city of Durham North Carolina do hereby proclaim the month of April 2024 as fair housing month in the city of Durham and hereby call upon all residents and encourage all citizens to join activities and discussions that promote understanding support and awareness of fair housing witness my hand on the corporate seal of the city of Durham North Carolina this 18th day of April 2024 hi I'm Grace Jones I'm the president of the uh Durham Regional Association of Realtors and we appreciate the proclamation and and of course we're always looking for fair hous and I just want to remind everybody that affordable housing and attainable housing are two different things and we're striving for

both Grace could you uh go back to the mic I need you to clarify I just want to celebrate you for a moment you are the first the first African-American woman president of the reals Association how long or ever 101 years so congratulations to you thank you thank you for being here Council Freeman thank you and if uh director Reginal Johnson could join me for the national Community Development week Proclamation whereas the the week of April the 1st to April the 5th 2024 has been designated as National Community Development week by the national Community Development Association to celebrate the Community Development block grant program and home invest M

partnership program whereas and whereas that since 1975 the community community development block grant program has provided annual funding and flexibility to local communities to provide decent safe and affordable housing a s a suitable living environment and economic opportunities to low and moderate income people and whereas since 1992 the home program has provided funding to local communities to create decent safe and affordable housing opportunities for low-income persons with over 1 million units of affordable housing having been completed nationally using home funds and whereas over the past few years five years the city of Durham has received a total of 10 m286 34 in in cdbg funds and6 million $79,500 and home funds and whereas the city of

Durham has issu has used cdbg and home funds directly or in Partnership to address the issues surrounding homelessness including veterans homelessness to Pro to promote home ownership opportunities for low and moderate income households to develop hundreds of affordable units for low and very low income house households and to PR repair the homes of very lowincome seniors and to revitalize neighborhoods and leverage millions of dollars in additional public and private investment in the Durham neighborhoods now therefore I Leonardo Williams mayor of the city of Durham North Carolina do hereby Proclaim April 1st to April the 5th 2024 as National Community Development week and Durham and support of these two valuable programs that have made a tremendous cont contribution to the V Vitality of the city's housing stock infrastructure and public services and the economic Vitality of our community witness my hand and the corporate seal of the city

of Durham North Carolina this the first day of April 2024 thank you thank you council member Freeman I'm Reginal Johnson director of the Department of Community Development for the city of Durham mayor mayor protim members of council want to thank you for this Proclamation um this is a important piece of work for uh the city of Durham in terms of the funding that we've received from cdbg and home and to celebrate the Community Development Department and the citizens advisory committee uh are actually hosting two events the first event just concluded in the lobby six organizations who received cdbg and home funding from the city of dorm gathered to share information about activities and projects that were funded and the impact of that funding on their organizations and the community of large we represented whether Durham hous Authority the families moving forward

the curum Community Land trustees dclt reinvestment Partners housing for New Hope and Kasa we want to thank those organizations for their participation uh this afternoon the second event is the webinar occurring on Wednesday April the 3D 2024 at 2m via Zoom the webinar will provide information about Community Development block grants as well as home investment partnership program funds and provide information to organizations that are interested in participating in our funding and that information uh can be found on our website uh for the city of Durham and the Community Development Department web page these events could not have been possible without the event the uh the citizens advisory committee who works to preserve and enhance the quality of life for Citizens for the city of Durham and Durham County by advising the Durham city council and the board of County Commissioners on on housing issues I just would like to recognize

take this opportunity to recognize the CAC members if you would please stand these are your C citizens advisory committee members Leah iford green is the chair Robert Brown Vice chair and Valen Al Alford secretary so on behalf of the Community Development Department and the citizens advisory committee I'm pleased to accept this Proclamation thank you thank [Applause] you good evening everyone it's my honor to read the international women's day Proclamation and I'd like to invite Shay Ramirez to join me

oh yeah and all the ladies in the first row whereas the international women's history month is celebrated Nationwide on March 8th each year the observation started in 1909 to honor the movement for women's rights and whereas the city of Durham looks forward to acknowledging International women's History Month with the Greater Community to highlight the achievements struggles and ongoing fight for gender equality while recognizing the persistent systemic barriers and violence and whereas since 1992 the home program has provided funding to local communities to createc decent safe and affordable housing opportunities I think this might be the wrong one for low-income persons I think

this is I'm going to keep going whereas the recent cases of femicide in North Carolina such as the tragic death of Liliana kcha underscore the need for legislative action establishing fem femicide as a crime is crucial to recognize the gendered nature of violence provide Justice for victims and their families enable accurate data collection and research and serve as a deterrent and whereas the city of Durham recognizes the importance of taking proactive measures to address gender-based violence and promote the safety and well-being of all residents regardless of gender and whereas the city of Durham is committed to supporting legislative efforts to classify femicide as a dis distinct crime ensuring that perpetrators are held accountable for their actions and that victims receive the Justice they deserve and now therefore I Leonardo Williams mayor of the city of Durham North Carolina do hereby Proclaim March 8th as International women's day in Durham and call for its observance by all residents let us use this St to honor the achievements of women raise awareness around gender-based violence and advocate for policies that promote gender equality and justice for all

witness my hand in the corporate seal of the city of Durham North Carolina this first day of April 2024 good evening on behalf of the Durham mayor's women's Council we would like to thank you for supporting this Proclamation as a small women's group here in Durham we understand the needs and wants and urgencies of this Proclamation we also understand the need to address and support Collective change changes here in Durham this Proclamation gives women a voice and healing for the ones that are seen and unseen here in Durham we are proud to be able to be a part of the voice for these women here in Durham and women in North Carolina we want to thank thank you again and we look forward to collaborating with the city more and creating positive change here in Durham thank you and have a good

[Applause] evening thank you all so much thank you all for making our community better thank you all right uh at this moment we will now have announcements by council members council member cook any announcements okay Baker uh council member Freeman council member uh uh R thanks Mr Mayor greetings colleagues

mayor PM um and greetings residents of Durham I just have two things first of all I want to say you know it was a beautiful spring weekend Easter weekend this weekend and I've been admiring here at City Hall the Beautiful the beautiful landscaping around city hall and I hope some folks from General services are here is there anybody here Bertha nobody I just want to say give them a big shout out like so if you're I'm a big gardenerd right if you're into traditional flowers like tulips and pansies and and and Snap Dragons they're there but if you're into sort of some more Innovative stuff like flocks or uh hbor or even Trillium they're all there on the city council or the city hall grounds it's beautiful so I encourage everyone to take a walk out there both residents and and employees here at City Hall and I'll just say like it obviously somebody just didn't throw a bunch of bulbs in the ground this has been done with a lot of care and a lot of thought so big shout out to the general Services team for the for the beautiful grounds on of City Hall the second thing I want to say I want to address a big elf in the room is also a big weekend with March Madness um I am a Blue Devil fan in case you didn't know but I got to

give a big shout out to all the Wolfpack fans out there um you all deserve the big win yesterday it's hard for me to say that congrats to the wolf pack and I will be cheering for them in the final four so thank you it's awesome let's not forget the ladies as well absolutely what was that ladies they both men and women going yeah that's that's they're doing all right I tell you and Duke Duke Duke is still in women right nope just yeah we yeah yeah it's all state no no women du women's basketball okay all right well uh council member cavier thank you I was going to um council member was wrist was so uh gracious because there has been a long history of teasing everyone on this uh dis during March Madness in particular I will say that former member uh council member Reese and former mayor SCH had a a pretty pretty fun rivalry

there for many many years as duke and UNCC fans I am a anyone but Duke [Laughter] um uh so um yeah there there's my legiance it was I I will say it was a moment for NC State to have both the women's and men's basketball teams end up and then I'll say one more about sports and then get on to some more important things Gaines um if you like hockey anyway um I wanted to shout out we have some visitors today uh from church World Service uh they came and did a tour I want to say thank you uh mayor Williams uh for being an amazing co-host we were invited I think back in December to an event that they held uh around kind of just a a a panel that we sat on and so from that uh meeting we invited them to come to come tour City Hall to spend some time with us to meet uh everyone else here up on the dis and to come participate in a city council meeting as a part of continuing uh civic

education um for our recently arrived neighbors and friends so I just want to shout them out thank you so much for for joining us this evening um and I think that is all thank you thank you so much mayor pro thank you Mr May good evening colleagues good evening everyone in the room uh Duke is located in Durham thank you with the Durham city council that's all I want to say um congrat congratulations to the wolf pack incredible incredible season pulling for him uh Mr Mayor I just want to send Goodwill and best wishes out to those who observed Easter this past uh weekend to our the Jewish brothers and sisters on the celebration of the Passover and had opportunity to break fast last week with members of our Muslim Community so happy spring to all of our people and our residents and Mr Mayor I know knowing you you've already reached out to your colleague in Baltimore but I do want to uh send our City's best wishes

and our heart uh to our colleagues in Baltimore and to the people of Baltimore and in the wake of that terrible tragedy of the collapse of the Fran of Scott keybridge our Baltimore is in our prayers we got a lot of friends there and a lot of great colleagues on the council there who are friends of ours uh here in Durham uh so God bless Baltimore thank you Mr Mayor thank you so much may proam I um I you just mentioned that um I've been texting with Brandon uh Mayor Scott of uh Baltimore uh and just you know just giving him strength from from Durham from the Bull City to Baltimore um that is a very tragic you know thing because it has such a huge impact on their community and while they're dealing with the collapse of the bridge he's having to deal with you know the the attacks online where want to politicize it racially and just a disgusting language um and and when you're in that position you know uh as a mayor you know your residents rely on

you to be responsible for fixing this and you have very you know you're you're really Limited in what you can do so uh shout out to you know from secretary Pete bu and the Biden harth Administration to Governor West Moore to U mayor Brandon Scott to the strong residents of uh Baltimore as they uh recover I'm sure you know they're resilient they're going to get through this but it is tough you know in uh Durham experience when we had the explosion you know you never know when these tragic things are going to happen but what you can do is just come together as a community and rely on each other to be strong and uh that's what Baltimore is doing right now um also uh you know something that I I'll never really get used to and I don't think any of you all will either is you know I it's bad when someone gets shot in our community or or gets

hurt it is even worse when it's a child and I don't have the words for it but that's what keeps me up at night that's what keeps me up at night so I will continue I will continue to bring this up and not let us normalize it I won't let us become desensitized and colleagues I will continue to fight for resources that will help us respond to this just as we need to that's going to be a lot of uncomfortable conversations but that's one thing I love about this Council we're ready to take on those conversations and I'm sure we're going to get through it we're going to figure out what we can we're going to continue to be the national model and you know Progressive public Public Safety um policies and everything else that we could bring forth I look forward to us exploring those um to the families that are distraught right now from their their child or their neighbor's child

that uh is suffering from you know just being shot I can't believe I'm saying those words um you are in my prayers but I want you to know that you're in more than that my commitment is to you to to make sure that our community is evolving to ensure that we have resources to where our kids are being more directed to positive engagement rather than being soaked up in the streets in a negative way um I that's all I'll say about that for now but uh there there are going to be some pretty big initiatives coming really soon uh that that I I I really hope that will contribute to to uh just engaging uh in a much more robust way and I and I call on every single Community member in this community to play a part there are many people already doing some amazing things and those folks that are doing those amazing things from from books to mentoring

organizations we got to we got to make sure that the resources are there to serve as tenacity amongst you all and then we need to find out what else needs to be done and we need to generate resources for that as well uh so just wanted to put that out there um considering that I went to uh this is an interesting week uh Monday ER ear infection was really bad if you get swimmer's ear I understand it is not a cool thing but on Tuesday uh we welcome President Biden and vice president vice president um kamla Harris uh here uh to the triangle uh it was my honor to greet demon tarat and uh represent pres Durham represent the Bull City um on Tuesday and on Wednesday I flew to Memphis to join my friend um mayor Paul Young of Memphis we've been talking about this since DC since actually since Harvard um the night I was inaugurated December 4th that next day December 5th I went to

Harvard and he and I talked about you know we should really try and pull uh you know uh since we see some common Trends across the country and when it comes to gun violence we should try to pull mayors especially African-American Mayors together to have an intimate conversation on not only idea sharing but AIT you know just have some uh conversations where we could be a bit Innovative together and so I spent uh a couple of days in Memphis this week Pat's last week uh with mayor Paul Young and uh Mayors from across the country uh to talk about gun violence and uh we formed the uh black mayor's Coalition on crime and you know it really helps it really helps to hear what other other folks are doing but also to share what we're doing in Durham and uh I gotta say our heart program is a national model that is Light Years beyond what a lot of folks are doing and uh so it just felt good to be able to share that I spent some time with Chief Davis our former police chief um and so that that was

great and I I'll close with um with uh I have some guests here tonight and I I want to recognize them and call them up uh I'm actually joined by the students in public service from nccu and uh this is the in auguro cohort of the nccu students in public service uh so when I call your name come on up uh desar Clark Ronnie buts Michael ler winter uh Ariana Wacker Shantel Alisa Chestnut and shama Charles and this program students in public service is um this this is an academy that was launched on February 24th uh to Foster leadership Civic engagement and social responsibility aligning with Durham's core values of Courage action progress high quality and all growth and high ideals remember that's what the flag

stands for and um our students in public service empowers students to confront social issues fearlessly engage with their community and strive for excellence and public service I would like to encourage the community members to support and engage reips uh this Academy and recognize its potential to drive positive change in Durham and Beyond and so uh Courtney there you are I'd like to invite you to just share a few words about this new initiative uh that you all have going on here all right thank you good evening everyone I'm the director of students and public service Academy my name is Courtney boyin it's my pleasure to introduce this initiative to you tonight I first want to extend our gratitude to our partner the vulker alliance next generation service Corps for their support the recognition of North Carolina Central's University's commitment to fostering active engagement in public service promoting diverse leadership and supporting collaborative efforts is truly appreciated we are proud to

announce that nccu is the first HBCU to inaugurate the public service initiative thanks to their invaluable support of our esteemed partner we must re recognize that the effectiveness of governance critically depends on the caliber of Education imparted by our higher education institutions therefore investing in education particularly at the higher level becomes imperative for cultivating a a competent and informed Workforce essential for steering effective governance and propelling societal advancement with this in mind we provide students with enriching opportunities aimed at nurturing their potential to emerge as leaders in the public service sector for example participating in this city council meeting marks just the beginning of a series of experiential learning Endeavors our vision extends Beyond local boundaries we aspire to offer students diverse experiences on local National and Global scales as I embark on securing funding

for sips Academy I am driven by numerous aspirations aimed at fortifying its Mission our goal is to equip students with skills capable of not only catalyzing community Community transformation but also expanding diversity within the public service sector reflecting the rich tapestry of our nation's demographics moreover we aim to cultivate an ideology of inclusive collaboration among students fostering an environment where diverse perspectives converge to drive impactful change empowering The Leaders of Tomorrow starts with providing students enriching opportunities tailored to cultivate their potential within the realm of Public Service students will be equipped with the Essential Knowledge skills and hands-on experience necessary to tackle complex challenges Drive Innovation and enact positive change in their communities and Beyond in doing so we aim to empower the next generation of leaders to navigate the complexities of our interconnected world and make meaningful contributions to society

regardless of geographic or cultural barriers thank you thank you uh we've been wanting a uh a youth engagement program like this and uh thanks you know nccu for uh inaugurating this and being the first in the nation HBCU all right colleagues let's get to work at this time I'll recognize the manager for any priority items good evening Mr Mayor Williams Mr Mayor protim Middleton and members of the Durham city council I have no priority items for you this evening all right Madame attorney good evening mayor Williams mayor pend Middleton members of the council it's good to see you the city attorney's office also has no priority items this evening I like when you don't have any

that's good Madam clerk thank you Mr Mayor welcome everyone the city clerk's office also has no priority items tonight all right got to make up some time all right uh so at this moment I'll go ahead and read the consent agenda all right item number one Recreation advisory commission appointment item number two Durham City County Environmental Affairs board appointment three Durham cultural advisory uh board appointment four February 2024 bid report five take-home vehicle performance audit report February 2024 number six fiscal year 2024 2025 budget development guidelines number seven fiscal year 24 Grant agreement for an immigration legal defense project number eight number eight American Rescue plan act arpa

project workers sustainability number nine mckin square development amended loan commit American Rescue plan act affordable housing funds number 11 revised ordinance Sunset extension and policy for the equal business opportunity program ebop can you pull that one sure that's number 11 number 12 proposed leas agreement lease agreement with Durham Housing Authority at 531 Lakeland Street 13 10th Amendment to the assignment agreement for the Durham Athletic Park operating agreement I uh don't want to pull that just yet but I I will say uh that that is something I hope we can bring up for discussion uh soon colleagues I was not able to prepare for pulling it tonight but I think that's something we need to talk about

soon um yeah number 13 uh number 14 project construction manager at RIS uh SAR contract for pre-construction services with lease Construction Services LLC for the city hall in NX HVAC project number 15 contract with MBP Carolina Incorporated for commissioning services for the city hall NX haac project 16 Professional Services design contract with cmta of Kentucky Incorporated for the city hall NX HVAC project number 17 interlocal agreement with Durham County for the southeast Durham Watershed Improvement plan number 18 Second Amendment and a restated contract with Atlas Organics cu2 LLC for management of the city-owned composting facilities number 20 Consolidated

annexation R 751 21 Consolidated annexation Lee Valley 22 Consolidated annexation 1324 Bungalow Avenue those are all of our items uh which we just have 11 that's supp right 11 11 all right uh I'll now entertain a motion to accept the consent agenda with item number 11 pulled move to adopt a consent second we moov and properly second it just no I don't have a clicker so it's right in front of you all right it's been moved and seconded all in favor uh I'm sorry um Madam clerk please open the

vote please close the vote the motion passes unanimously thank you all right we will uh start with number 11 the P item thank you Mr Mayor I don't have anyone from finances here to speak to this oh oh great yeah great um good evening I'm Sheila faet mayor Williams mayor protim Militan from Finance the deputy CFO I'm here to answer any question questions that you may have tonight there you go speak to the Mike sorry about that thanks Mr fet as you know I'm a big fan of our minority minority or um embop program and I want to make sure that we reach all our goals for minority participation I just have a small item here and I thought when we talked we talked about the goals for next year and the the phrasing of these aspirational goals and I just didn't I didn't I thought we agreed that we were going to take out aspiration and just say these are our goals and again because I want to I want

to make sure that we give you and your team all the resources to meet those goals but I'm concerned that if we phrase them as aspirational goals I'm not sure what an aspirational goal is so I thought we were going to strike that phrase from the from the document okay sorry about that um my understanding I thought we as we did discuss that I thought that you still wanted those in there after we made our explanation yeah I'd prefer just say Goals goals we have strong goals yeah I don't know I don't know what the procedure is for how do we wrestle that one down but that's my pref preference May vot Tim thank you Mr Mayor and thank council member R we did have a conversation um we did not as a council say take it out um you're you're free um any council member can vote against it um but if it doesn't cross the threshold of changing the language then you know we either vote for it or just vote it down um I did in that conversation as well I think um since council member R has has erased it tonight and within the

scope of our discussion um my my sense is that aspirational speaks to how difficult it is to legislate racism and and to try and deal with the the effects of it um I think our our folk who work in this area have been doing a magnificent job um but not only in this area I mean you know we we note that as much as we want to to close the achievement Gap in education they're still lagging and closed the wealth gap between black and white folk um so I I I think also aspirational was raised because um we wanted to be sensitive to the legal barriers we were dealing with and not establishing quotas or or suggesting that we had firm uh goals so I I'm I'm comfortable uh with the language and certainly um you know I've had to have votes not go my way sometimes as well but we're certainly free as council members to vote it down but we did not take any action as a council uh did not cross a four vote threshold to change that particular language so thank you Mr Mayor

yeah M if I can just respond to that so my understanding was in um appre May pretend your comments um and this maybe my my uh inexperience in the council I thought staff agreed to take that out that was my understanding so I didn't I didn't understand there was a need for a vote on that um but uh if that's the case next time I'll make sure that we do call for a vote I think we can I think we can just ask for a thumbs up I'm sorry we can address it now actually I'm going to ask Mr Pro if you don't mind just restating the explanation of why so um State Statute does not allow us to have a required what we are required to do is to make a good faith effort towards the goals and that's why we name them aspirational if that helps so your understanding of that that language is if it's just straight goals then therefore we're setting hard ear

marks we're not legally allowed to do that correct so aspirational is aspirational it's aspirational correct it is aspirational and we as um the finance director stated we're okay with that if that's how you would like to strike that in your motion or in your vote tonight mam thank you um could City attorney Lamar come to the podium good evening um Fred Lamar with the city attorney's office thank you um out of just curiosity I mean a a goal is a goal I don't it's not the word quot so I don't think there's a difference in the terms okay from a legal standpoint so so from a legal standpoint we could do either way correct okay thank you I appreciate that Mr I now that we have I think clear direction from staff that we can just strike the thing and and

um and accept the item I'm if you're willing to take a motion on that I don't know I'm going to ask for a motion considering it's an agenda item um so are you making an amend would you like to call for an amend I'd like to yes please yeah all right so just stay that yes so move that in um that we regarding them sorry let me pull it up here yeah amending item number 11 um okay um by removing the word aspirational one moment um from the um council member one moment I'm going to need you to actually um so the ordinance is what has to actually be um changed where is it right I think there's a it's I think there's a couple places if I'm not mistaken where it refers to the I think there's definition piece and then elsewhere soome can we do like

basically uh amend it can he make the motion to uh amend stri amend the ordinance by striking the word aspiration before those I think yes Mr Mayor he could do that did you hear that yeah so that so we can I can move that we um amend amend the number 11 the revised ordinance by striking the word aspirational prior to goals second all right colleagues all in favor uh I'm sorry Madame clerk um please uh uh open the vote it's been moved in properly second please open the vote Mr Mayor discussion discussion yeah I'm not voting for this I'm not going to second guess the staff on the work that they've done um there's a there's a lot of reasons why they Ed the language that they do um and I trust their their guidance I trust the year years of experience that have led them to the crafting of the language so I won't be voting for this thank you Mr Mayor thank you all right any further

discussion all right Madam clerk please open the vote please close it all right thank you motion passes 6 to one with mayor proam Middleton voting no all right right yep all right now colleagues I'll entertain a motion to accept the uh I'm sorry I'll now entertain a motion to adopt the an ordinance to revise the equal business opportunity program to promote equal business opportunities in City Contracting moved is red second it's been moved and properly seconded please open the vote m cler please close motion passes

unanimously all right thank you and I'll now entertain a motion to authorize the city manager to establish an ebop implementation policy and to make subsequent revisions to the policy as necessary to effectively administer the ebop ordinance so moved second they moved and probably second it Madam clerk please open the poll please close motion passes unanimously all right thank you so much thanks colleagues thank you miss faet all right which is uh number 20 right all right um we're now on item 20 Consolidated annexation R 751 welcome thank you thank

92% is for a continuous expansion of the primary corporate limits to allow up to 350 multif family apartment units the applicant has also requested a zoning map change from residential rural to plan development residential

30594 the properties are currently designated mixed residential neighborhood on the place type map the proposed PDR 30594 zoning is consistent with the designated use shown on the place type map the Planning Commission recommended anial on a 9 to zero vote at its November 12th 2023 meeting since that meeting the applicant has profer several additional commitments including protection of the adjacent national natural heritage area primary buildings meeting a national Green Building standard provision of 10 electric vehicle charging stations and off-site 5-foot sidewalk to connect the site to an existing sidewalk Network and an increase in the number of income restricted units with a longer tenure thank you staff and the applicant are available to answer any questions thank you you've heard the staff report colleagues are there any questions for staff all right I'll now declare this

I'm sorry council member cook uh thank you Mr Mayor um just a really quick question so um we saw that there was a national green standard um and this they talked about primary buildings can you tell me what the definition is of a primary building I'm specifically asking because I know that there are apartment buildings that are um suggested as you or that that's what the the request has been and I'm wondering if those whole buildings count as primary buildings that would certainly our interpretation of Staff I'll ask the applicant to to clarify that if need be but that would certain that the apartment buildings themselves is what are refer are referred to as the primary structures and we wouldn't be talking about say you know a storage shed for the lawn mower or something along those lines right I was wondering if it was like more like Community if there was like a community center but we're talking about the actual buildings housing the apartments there could certainly be a community center that is allowed as an accessory use the applicant does not at this time have to State whether or not there would

be such a building I don't know if the applicant's willing to make a statement to that effect at this time but uh we would certainly also see say a a community building with a meeting room and so forth we would also see that as a primary building okay so just for and I think I'm restating what you've just said but just for my clarification so all of these buildings would be considered primary buildings for the national green standard so those would all have to meet that as the profer was made that's what our interpretation yes thank you Mr Mayor got it all right I'll now declare this public hearing open one two three four five these all right all right we have the applicant here welcome how much time do you think you need 10 minutes please all right could you uh put 12 minutes on the clock thank you welcome and you and I share this height

situation so you are going to have to uncomfortably get you know yeah I'll get the full hunch uh good evening Mr Mayor mayor protm and members of council I'm call your mark Mar with Parker Poe at 301 fville street uh here on behalf of the applicant um with me is Ryan Stewart with trinsic residential um and if we look familiar we were here with a very similar project for trinsic residential about a month ago that was Ora greenh Hill uh this is now Ora 751 um which if we could pull up the presentation um there we go uh so uh this is a a very similar project to the one we brought a month ago um the site and surrounding area for context um our property is in the bottom left of this slide here outlined in red it's about 12 total Acres um we are on 751 with 751 Frontage uh very close proximity to Highway 40 and the 751

interchange then all the dense commercial development of the streets of South Point and all the commercial that's developed around it um one of the things that I think is interesting when you look at this site in the surrounding area is when you look at the residential that's been developed around it it's predominantly single family detached and town homes um which I think if you were going to start from scratch with this level of commercial we'd be looking at something that's a lot different um if you had an opportunity to do it again um and so this site uh and actually the um future growth framework map uh recognize the need for some change in this area so this site is designated as the mixed residential designation with that call calls for is a mixture of residential types um when you look to sites such as this that are under 20 acres we at about 12 acres uh what the future growth framework map says is you look to the surrounding area and the housing types that exist and you try to add additional housing diversity through these uh new developments uh and so that's exactly what we're seeking to do here is to add a different product type to what's offered there uh to add uh needed

29 Acres of existing tree coverage would be preserved um the that the light green is meant to depict buffers um so the lightest color the widest section next to single family neighbors um but we also have a a darker green color there meant to depict a primary building setback again that's multif family buildings that commitment on Green Building structure was meant to Encompass um the apartment buildings and

certainly community ameni so if a clarification was needed we're open to that but that building set back was meant to ensure effective Transitions and to be sensitive to our single family Neighbors on its evolved through this process project would also provide a shared use path along at 751 Frontage and uh additional 30 ft of rideway should 751 be widened in the future this project as you see it today is the product of extensive Community involvement we had three neighborhood meetings the required one at the outset one shortly before Planning Commission and then one again between Planning Commission and Council to keep neighbors up to speech to make sure we were listening to tell them the changes that we've made to address the feedback we heard uh and that that feedback is summarized here with the changes we made I already alluded to the building setback that was direct response to neighbors to the north asking if we're going to have multif family near our homes what would that be like initially we had profer a 60 foot commitment um that increased to 75 ft after we took a closer look getting further down in the process um also heard concerns from Neighbors about the environmental

impacts of this project and so uh we had offered to preserve natural heritage area which if we look back on this slide there's an area dark gray with a slight bit of overlap on our property where some unique species have been identified and so we're ensuring that that would be preserved on our site wouldn't be disturbed um we also have a requirement to plant only native trees within the project and then in response to storm water controls uh concerns enhance storm water controls up to the 100-year storm so we went to Planning Commission um and unfortunately received a 90 vote uh recommending to denial which we were surprised by but um having had a project with the same development team that had unanimous recommendation for approval we had a good road map to go by so we took the Ora Green Hill case that just came in front of council we looked at everything we offered in that case and matched it as best we could for this project uh so we have a number of increased commitments uh that we're presenting tonight when we went to Planning Commission we had an offer of 11 affordable units at 80% Ami for a period of 20 terms 20 years and we've

increased that in a really significant way the period has gone from 20 to 30 years we've doubled the number of units from 11 to 22 but most importantly those additional 11 units are at a better affordability level now at 60% Ami so previously is 11 at 80% Ami the next 11 are at 60% Ami so doubling but also much more meaningful with what we're providing um heard additional concerns with a vacant parcel about environmental impacts so we added Green Building certification um the intent with that exclusion for only primary buildings was things like dumpsters or a shed um and so that was what we were clarifying wouldn't have a Green Building standard because we wouldn't know how to do it um we added EV charging uh uh 10 EV Chargers to the project um this next change had to do with some Planning Commission feedback where although multif family may be appropriate for the site one of the views with multif family development is one of the benefits of density is that people could walk to the surrounding area uh unique aspect of this set is our Northern property line

on 751 there's is actually a gap of sidewalk just north of the property um it looks like a small commitment to make that sidewalk connection but that was the bulk of the work between Planning Commission and now was sorting through all the layers of the rights that exist the rights that apply to make sure that we could complete that connection and we're offering to do it which means that folks will now be able to walk from our site all the way up to the commercial area around streets of South Point into nearby Transit stops so it's sounds small but it's a really meaningful um commitment for the impact on this project um and then finally I talked to about that uh setback and that that was increased we took a look at kind of the potential density and layout of the site and increased building setbacks to further address comments from Neighbors so this slide just summarizes the key tech text commitments they're extensive they're meant to uh mimic the greenh hill project cap at 350 units actually have a minimum of four stories that's to inform traffic and as we know as you go up in height you actually have less trips per unit so that informs that there' be less of a traffic impact if

you ensure a minimum development height here um I talked about the tree preservation and enhanced storm water controls our affordability is strong um and and only got better between Planning Commission and now uh then we've got the Green Building certification EV charging that connection that I talked about as well as additional environmental commitments um the result is that when we're at Planning Commission we were consistent with 12 of 22 policies we're now up to 18 of 22 so it took a lot of effort but we think that um now overwhelmingly consistent not only by by having those policies identified but by having a large volume of them consistent by exceeding the requirements not just meeting them more exceeding than meeting the Udo requirements so ultimately um we hope that the council will agree that we're consistent with the comprehensive plan um we uh meet the future growth framework Maps recommendation for this site um and that ultimately this is a project worth approving um we're happy to answer questions in the council uh and have a number of members of our

development team available to do so thank you thank you all right so we're going to start with our uh speakers online they were all there except one okay all right uh first person we have up is uh Andrea meden blck hi Andre maen bck here welcome if you can do me a favor and speak closer into your mic and you have three minutes okay thank you can you hear me okay yeah that's much better thanks great hi I'm Andrea Maiden bck 8022 Sundance Circle I'm the h president for the Reserve at South Point neighborhood to the north of the property and we are opposed to the resoning our first concern is traffic it's already very difficult and unsafe to turn on to Highway 751 due to high traffic volume

wrecks occur frequently in this area we expect that the added 1400 daily car trips will work in the situation especially at peak hours and the it trip generation manual 10th edition states that a project this size can lead to4 peak hour trips per City policy more than 150 peak hour trips to trigger a traffic impact analysis that was not completed for this proposal uh we see it's unacceptable to move forward without planned any planned roadway improvements especially considering the several other new developments within about 2 miles of this site second Our concern about affordable housing 11 units at 60% Ami and 11 units at 80% Ami for 30 years is still below the comprehensive plan targets policy 40 states that housing affordability should run inity and policy 42 prioritize affordable housing in the 30 to 50% Ami range this property would be very accessible to bus stops Greenways commercial centers via sidewalks so it's

a solid candidate for affordable housing that isn't car dependent third environmental impact Wetlands serve critical roles for w water quality and quantity um EV charging and Green Building certification is good but unrelated to the fact that this property directly drains to an adjacent property excuse me adjacent protected Wetland that is a natural heritage area and critical Watershed protection area the city's critical areas protection plan lives this property as Keystone riparian Property that that means this is one of the highest priority Parcels identified for protection in this Watershed and as personally an environmental scientist I assess that this proposal fails to sufficiently meet eight separate environmental related comprehensive plan policies and we would just urge the city council to investigate how this project could potentially decrease its environmental impact on such a critical piece of land in summary we oppose the resoning due to safety concerns traffic and its failure to align with the comprehensive plans in the current state of the project R thank you thank you for your comments I'm going to

ask that you email those to the council as well um we can make out but it was it was a little distorted okay all right uh thank you um next we have Nathan jennis yes uh good evening how are you all doing tonight pretty good welcome you have three minutes thank thank you I think Andrea summed up my concerns uh pretty well and the concerns of the neighborhood I'm also in the Reserve at South Point at 8033 Sundance Circle and yeah she highlighted traffic which is a major concern um The Proposal says it would add 1400 trips I think it's more in the neighborhood of 1600 because they're currently assigning about 200 trips a day to a vacant wooded lot which I think is um not reasonable um and both the proposed entrances are on opposite sides of a

peak of a hill which I think will lead to reduced visibility and the potential for greater accidents um and I'm a father of a nine-year-old daughter um so school is an important issue for me and currently the local schools are at 106% of capacity um this will just add to that issue of overc capacity um as Andrea mentioned the affordable housing aspect of it it's 22 units out of 350 this is 6% I think that's woefully inadequate for the goals of the city of Durham um and as colier Marsh mentioned uh this is zoned for mixed residential neighborhood and this is not such a building it is purely Apartments um and just on a more basic level I don't see how this project fills any need for the area um it was presented that there's not adequate Apartments the neighborhood but if you look within half a mile there's The Lodge at South Point which

is a massive apartment complex that currently has vacancies if you look with a in a three mile range there's 10 to 12 apartment complexes and I'm sure the council is well aware of the plans for the streets of South Point which is adding something over a thousand apartment units eventually so I don't think apartment units are what's necessary I think the residents of Durham need affordable housing accessible housing and a way to build long-term equity um to me this project just symbolizes uh benefiting an outof State developer an out ofate property management company and a law firm from Raleigh there's no one from Durham benefiting from this and I feel like the city council's duty is to the people of Durham and we the people of Durham are telling you this does not benefit us in any way thank you thank you so much um and Andrea if you can still hear me or Nathan you can pass the message to your

gov for you to email your comments this is uh for the speaker previously all right next I have Rebecca IES can you hear me yes welcome you have three minutes thank you um I at 8021 Sundance Circle I'm a resident of the Reserve at South Point I would back up directly to this proposed development my continued opposition and I spoke at the Planning Commission meeting in November to this particular development is not what I'm going to see out in my backyard but specifically the significant increase in traffic flow in both directions on 751 that this large apartment complex would bring to an extremely hazardous section of roadway um I'm not sure who on the council lives in this area or is

m. Monday through Friday or 3: to 7 30 Monday through Friday you would observe the dangerous conditions that already exist before we add more development I would be appalled if you could vote in favor of this project moving forward as it has been proposed we have accidents road rage standstill traffic and we cannot turn into oncoming traffic in either direction and this is just for car traffic pedestrians on foot cannot cross the road just last week a high schooler was involved in a substantial accident in afternoon traffic rendering both cars undrivable directly at the proposed entrance location to Aura 751 No One Is

Safe here and we have not even started new development at a minimum to everyone else's point a traffic study must be done to speak plainly I am not against development it is necessary and as a real estate agent in Durham I realistically embrace it but putting an apartment community in this location is not good development for Durham we have four four large rental complexes within one mile of this proposed development and they are not even close to full occupancy we really need single family homes not overpriced apartments that are not on a bus line and that will be wildly unaffordable to the people in Durham who actually need housing the most the Planning Commission thankfully unanimously voted against this project last year city council please show your support for planning stance on this and vote against this development and against rezoning or annexing thank you thank you next we have Fred

Anderson Mr Mayor yes Mr Anderson is not in the queue okay you didn't check that I'm sorry uh next I have Ronnie Covington speaking on the Lee Valley development not on Aura off 751 yeah leave valy she's belly right okay she signed up for the wrong okay just signed up for the wrong one all right all right thank you all right uh we'll move now into uh in

person proponent proponent opponent okay um do we have a Kevin Sullivan here all right welcome you have three minutes to stay whether you are proponent opponent I have you as a opponent uh opponent sir yes sir and first just to note for Rick Anderson Rick Anderson as the other HOA president in the area uh intended to speak in opposition to this but is able to log in and join as a registered speaker my name is Kevin sulliv and I'm here representing the 117 homes and 250 registered voters in the Eagle Point HOA which is one of the three HOAs and one of three neighborhoods that sit adjacent to this proposed property we'd like to ask the

council to recall the planning board did vote unanimously not to support this development and that decision was prudent we'd ask the council to respect it and hold uphold that decision the only changes that the applicant has really made to address the resident concerns in this area are the addition of the sidewalk to the area my neighbors have significantly explored the traffic concerns and some of the safety concerns so I won't dwell on those we would like to emphasize though that the city has recently approved the very large development at the South Point mall with residential and Commercial structures our HOAs supported that we believe that was good development for the area and right and proper but such a significant development in the area has to be allowed to to come to fruition before we add other significant developments to the area so that we can understand as a community how these things will play out not explored by my neighbors here are the proposed ecological impacts that will um negatively impact the whole area

based on this you've heard about some of the storm water concerns the changes made by the developers do not adequately address those what we see in the area is a significant change to the water table based on all the development that's happened adding significant structures and foundations for four and five-story buildings will exacer exacerbate that not only will the storm water problems create uh issues for the Neighbors adjacent to the property but they are already creating massive flooding in areas when we see significant rainfall in the area including along Morel Lane and including along the areas that back up to the Army Corp of engineer land in the area the residential rural designation is significant for these ecological reasons and all should be also should be respected in the area we also find the claims that the developers made to improve the low income uh housing Provisions in this area to be somewhat laughable the low-income housing Provisions that they've set aside require residents to be making 55 and $65,000 a year just to qualify for

inclusion and we don't really feel like that's the kind of community that we want to create in the area we'd love to see more affordable housing units that are truly affordable for people who work and live in our community including at the streets of sou point and at the other uh commercial buildings and structures in the area so for this reason we oppose the development were the develop developer proposing something that was more moderate in a number of units smaller maybe additional town homes that were consistent with the development in that particular area where there not significant safety concerns about the traffic or ecological concerns about the impact of the area we would not oppose this but those are not considered here thank you thank you uh next I have Cal Cunningham you can State whether you're opponent proponent I have you as a proponent that's correct Mr Mayor Mr Mayor uh mayor protim distinguished members of count it's an honor to be in front of you have a longstanding personal and professional relationship

with the land owners whose land is intended to be resed and annexed here Charles and Brenda beckon uh Katherine Booth Butler uh they have asked me to bring their support to you for why they believe this developer with this development is the right one at this time Charles and Brenda beckon have called Durham home since the 1960s when they graduated from Duke Law Mr beckon beckon as he prefers to be called was our interim Chancellor here at Central he's longtime professor of race law trial advocacy was my trial aacy teacher uh many many moons ago he uh was the first African-American male president of the North Carolina Bar Association his wife Brenda started her career this very city attorney's office was a staff attorney with uh Durham legal aid and an administrative law judge for those who are keeping score their three children were born at Durham Regional watts and

Duke kathern boo Butler uh this Thursday we'll be able to say that 78 years she has called Durham home she was also born in she's here with us this evening she's been a long time conservator of lands that were acquired by her father over many many many years she is passionate about protecting the ecological ecosystem along Jordan Lake and its tributaries which this does back up too she's been working with the North Carolina Department of Transportation to make this a Scenic byway down Highway 751 they have long wrestled the beckons and miss Butler with what's an appropriate gainful use of this land but one that also is aligned with Durham's goals its Community goals they particularly wanted me to commend to you the fact that this adds housing in a part of Durham that desperately needs housing quality housing by setting aside at 60 and 80% of Ami they're building

this developer team is building actual affordable housing on the ground that does not happen every time uh in front of this Council they commend to you the preservation of the natural heritage area on the west side of this site the preservation of over two acres of trees on this site the fact that it will be built with Green Building certification and advanced storm water engineering they know that not all of their neighbors approve of this or find this best but they commend this team for thoughtfully listening through over three neighborhood meetings and Planning Commission strengthening The Proposal that's in front of you along the way given the critical need for quality affordable housing and particularly south of I40 they commend this to you as part of their legacy in a community that they deeply deeply love thank you for the opportunity to bring their comments to you thank you so much and I have uh the last speaker I

have is collie Marsh online oh you oh I'm sorry so that was the last speaker I had all right um well this is a public hearing is there's anyone else that would like to uh speak on it would you like to respond if I could just make a few few uh remarks to respond um so and and listening to the neighbors and we certainly understand looking at the existing neighborhoods that some the change happening Pros multif family in close proximity to single family neighborhoods some contrast here but that's exactly what the comprehensive plan the future gr growth framework map calls for is to mix up the housing um options that are available there uh and we're trying to do it in a thoughtful and sensitive way that sets a really strong precedent for all the other projects that can come in in this area um I Heard comments about an out ofate

developer we didn't really emphasize these points but um Ryan Stewart's the director of trinsic residential born and raised in Durham Durham resident uh leader of the team for about 15 projects that are active in the Triangle right now so this is not an out ofate developer um it's it's a local group uh that cares deeply about the community the issues that we heard affordable housing I think we have a strong commitment but to put it in perspective by right today as the staff report indicates you can build 17 single family units on the site we're offering 22 affordable units with this project so we're already exceeding the by ride allotment with affordable units um also heard about environmental concerns and and we're open to ideas if there's more we should be doing but we think that we're setting a really strong precedent for sustainable development with Green Building certification storm water controls and any number of other commitments and the last item was traffic and I'd actually ask Earl luell and um just to come up briefly and talk about uh traffic here our traffic engineer uh is involved in the project a TIA was not required but we still did

some investigation based on what the neighbor said to ensure that we're doing everything we can with this project thanks klier um as klier said a traffic study was not required for this project because it doesn't meet the Udo threshold of 150 peak hour trips however in our discussions with ncdot staff uh discussing driveway locations and turn Lanes they asked that a uh limited scope study be conducted which we did uh that analyzed the driveways for turn Lanes which you see his commitments um on the development plan itself we also conducted a signal warrant analysis for the intersection of our site driveway with Buck Crossing and found that it was not warranted we also looked at the ncdot hsip which identifies High accident locations none were identified in this area so that's sort of a summary of my

findings all right if there are no more comments I will declare this public hearing closed and bring it back before the council colleagues I have a question for staff and then I have a couple of questions for applicants hey hi good to see you Aaron um can we get some clarification because it's coming and I'm not expecting it for maybe this case but this this whole mixed Neighborhood use in the comp plan I'm seeing comments from in this case in particular uh commissioner CE uh who is really great about leaving really thorough comments on and one of the only plan Commissioners who does that um uh and so I I really value his opinion but it it consistently keeps coming up and it seems that there is not and that's what neighbors are saying too well there's only one housing type my interpretation and and and this is where

there maybe needs to be some clarity is there's already other uh housing types so the burden isn't on this developer to provide that but that might be if unless it was a larger project but that might be my interpretation and so I just would love some clarity from staff and then I would love some clarity in our comp plan and I would love an explanation on how we do that thank you sure so the comp plan policies regarding the mixed residential neighborhood Place type uh talk about certain acreage developable acreage thresholds to require more than one housing type on the site itself and what it says is for a if you have 20 acres of developable land you need to provide at least two housing types if you have 50 acres of developable land you have to provide three housing types uh we don't have a policy about how many housing types you have to have under 20 acres which this site is and so what we prefer to do in those cases knowing that there's

likely only only going to be one housing type is look at the surrounding area is this introducing a new housing type in the surrounding area because one thing that the comprehensive plan talks about quite a bit is having a mix of housing types in v in in all of our locations throughout Durham so we don't have one part of Durham that is the apartment area and one part of Durham that is solely single family uh residential and so forth and so that's what we did in this case there's a lot of single family there is some tow houses the area so we looked at the introduction of Apartments as a new housing type in the area and therefore meeting the policy and it was under 20 acres can we get some training for planning Commissioners to understand that because what I'm seeing is that it's open to interpretation and so then what I and and also it's now being communicated out into the into residents a I'm getting emails that that planning staff has changed the rules and some other things that I'm getting and I it's just in misinformation at this point and so it is our job to correct that as much

as possible um as a council member I want to uh I I try and do the best I can we all do it but I I do it on facts and not Vibes so thank you um I have a question uh for applicant thank you um this is a for rent product or is it a for sale product this would be for rent product okay that's what I assumed as an apartment so it's not conduis it's a it's a a rental product and mostly a for sale ecosystem correct okay thank you can I keep going yeah I'm just going to go ahead and indicate to to council so I drove this earlier today with uh my Council colleague uh rist because we were try we had a meeting with the development team a little while ago we just couldn't remember how far down it was on 751 uh I will be supporting this I think that I I get why neighbors are upset I will say I'm sometimes so the fact that the HOA so I voted down the South Point proposal because it didn't have affordable housing on it that's

literally why I voted it down and so that residents are asking for more affordable housing what this is what I think I think this is a for rent product which means that the population may be a little bit more transient maybe you're going to get more diversity uh and so like let's just call a spade to Spade I think that the reason that the develop the the neighbors are coming out is these are mostly homeowners uh who at this point their asset is worth probably a lot they bought into Durham 20 years ago when South Point kind of blew up and it isn't in Durham's values to essentially be in one of the comments they were worried about noise so my interpretation is it comes down to well we don't want those kinds of folks renting near where I own a home and my asset and that's just not a value I'm going to support as a council member uh I understand folks are scared of change we all are but when I think about that you're going to be able to walk to a major commercial center get on a

bus that is now free access jobs all there there's an Aldi up there on the corner that's an extremely affordable uh grocery store there's a Target that you can walk to up the road I know the area well I drive around here a lot I don't live on this side of town but I know it okay and so I will be supporting it and I know some council members you know we all kind of Wonder where's every where's everyone at I think this is exactly what we need in an area that is heavily commercial it connects residents it has a strong housing commitment affordable housing commitment is it 10% no but technically we're not supposed to have any that's a goal we do not have inclusionary zoning and Duram we are not allowed to have it if we're up to me I'd offer I would make a requirement to be 20% but that is not something that I get to do in the in the lane of power I am in uh I really appreciate the commitments to um the Green Building that's another commitment in our housing policy I think it was referenced as I

forgot how many it is um 18 out of 22 applicable policies what I've seen is the developer who's really tried to meet neighbors where they are and and sometimes you know we fail we try and and folks are just not going to be happy thank you council member cook I just have one quick question for the applicant um you had pulled up a map and had showed this great area where there were some species that were identified that um you you were worried about disturbing and I'm looking at the um utility connections for the nearby areas and what I'm seeing is that it appears that all of the utility connections are going to go right through that space that you identified as being a problematic one if if we're able to get back to the presentation so it should have been more clear there so there's a gray area on our western boundary which is the natural heritage area the gray on the Frontage I think is meant to

actually show the additional right of way that we'd be dedicating for future widening so those are two different spots so I should have been more clear and I hadn't even noticed that was gray but I'm referring to the section on the left hand side where it just crosses our corner thank you okay I appreciate that clarification that's all my questions Baker yeah I think this this um this case speaks very well to the fact that um every resoning case has its own unique uh features um you know the walkability requires the 3DS density diversity and design and so those are three things that I constantly and we should constantly be be advocating for density um density of of people um diversity diversity of of uses um diversity of people um diversity of housing in types uh and design so so connectivity sidewalks all the the elements of design that contribute to um

to building a pedestrian friendly um environment that that just doesn't exist in this area so it's it's awkward um there's not going to be any connectivity to the West there's no potential connectivity to to the north um because because um at that time streets were not required to stub out so there's no not even a potential to to connect in that direction um there is the the the the greenway um if if you go east from here there's some connectivity across the street um there's the sidewalk and and connection to to Aldi it's about a 8 to 10 minute walk um which is not bad um it's not ideal but it is not bad and it's much better than than in most parts of Durham but this site speaks to the fact that it's very awkward to try and transition a city from one that is completely autod dominant ated to one that at least advances some element of of other types of multimodal Transportation opportunities to to Residents um and I

don't fault I don't fault uh neighbors and and residents uh nearby this site um for um having heartburn over uh this this proposal um because it doesn't have the 3DS because the 3DS are not even attainable because of the context and and past development and past development standards and even current development standards that don't require uh elements of of walkability of course we're updating those standards now so um I don't fault neighbors and at the same time we do at this up on the Das here and on this Council need to think through what can we do to muddle our way through and make uh developments slightly better um and and ensure that there are proposals that are that are slightly better than coming that are coming here I I love to see you know 10% of of units going for um affordable housing of course that's 80% Ami this is proposing around 6% with half of those

going to 60% Ami um so it's about what we've been seeing um we uh we have a comprehensive plan it's a new comprehensive plan we get a lot of proposals up here that aren't even consistent with the comprehensive plan that that end up getting approved this one is is is fairly close to consistency and might even be considered consistent with the future L use map um and and the comprehensive plan so um I have I do have I do have heartburn over um verticalized and making vertical autoc Centric development and autoc Centric design because I don't think that the fact that this uh will have uh density means that it will be walkable I just don't I don't think that it will um but there are some important things in this proposal that we don't often see in proposals um the Green Building standards that's something we don't often see the connectivity the walkability the actual walkability to to

a grocery store which is extremely rare um if you do cross the street I know it's dangerous um go going to to The Greenway that gets you to a lot a lot more other commercial options so um with that that said you know I am um I have a high standard for development in Durham I think that we need to elevate our standards I wish that we I want I want our whole Council to have higher standards for development I think that we need to do that um and and we do that sometimes by saying no to developments that don't meet don't meet um our expectations um for this one um I am on the fence I am leaning toward um toward uh this one I think that there have been a lot of changes since the Planning Commission and I I don't like voting against the Planning Commission um a lot of changes since the Planning Commission that have improved the case case um however I want to listen to my colleagues I do have um couple of questions for the applicant um first one is how would you

um blend this proposal how would you blend the development architecturally with um the surrounding area yeah so the topic of how do we ensure compatibility with our single family neighbors was the first issue that we had on hit had on I mean we we're anticipating things coming up and we look to the neighbors to the north um we thought you know what could be done here we were also trying to be sensitive to the environmental features to our West and kind of playing both sides of that so when we initially tried to think about being compatible we talked about if there could be a transitional housing type or something like that with a site of this size if we were to have something like a town home style apartment what you ended up doing is pushing density further south and you just couldn't really achieve the development we were looking for so what we did was we prioritized buffers setbacks uh and then the environmental and sustainable commitments I think if you look at trinsic product types uh and their offerings throughout the triangle you'll see what what they offer is

really high quality but also unique um architecturally interesting projects uh and that would certainly be the case here but they also do it while incorporating that affordable those affordable units throughout the project thank you um do you have any interest involuntarily uh making those units affordable in perpetuity uh it's it's not something that we've studied I think that I've heard discussion of it but I don't know that we appreciate the impacts of it um so we're not able to do that at this point but but we certainly I think as it moves in the future it'll be something that we research and see if we can understand better and you didn't look into it no no it's come up within the last week or so on my personal radar and so it's something that I don't we I think I brought it with you and during our meeting I think I brought it up with you if it was in perpetuity I did not hear it in that meeting but I I did have a recent conversation where I you know took note of it okay

um all right that's it that's it for me for now member Freeman any comments questions um uh sure I would definitely say I appreciate the the developers changes um from the Planning Commission I'm I'm on the fence as well I think what is most um concerning for me is just just then I want to say that I do want to Echo council member Baker's comments and recognizing how tedious each site is and so I do want to ask kind of architecturally are you saying that you couldn't do like a one or twostory arm to the site so it's a kind of a a function of a number number of features of the site when access is controlled at certain points it means that our driveway is coming in so if we were to on that Northern side if we were to try and put some component of the project it reroutes streets in a way that's inefficient and it just kind of didn't

result in a good overall project so we did we did look at well let's just do a transitional housing type we thought that the better outcome after studying it was just to provide better buffers that that was more meaningful in this particular site and I would say that with the I guess with the 10 additional units of affordable housing this would be a really uh great and easy way to say yes but without that I do have um still weighing that weighing it out I think um I do want to note that I heard um the comments about you know um a home a property owner an actual property owner trying to develop land in a way that's really um conducive or cons conserving the natural heritage over time acknowledging that that it's not often that there are black families who have held land this much land in our city and have been able to come come kind of come forward in a way that benefits the not just the not just their pockets but our community and so I hear the natural heritage piece of this and I'm I'm kind of open but I do want to

hear some more and so I'm listening to some of the comments or some of the additional questions that might come forward and I would also say that I I want to appreciate the volunteers of our Planning Commission I want to make sure we continue to say that I appreciate our volunteer planning Commissioners who spent uh countless hours in these cases and the comments may not seem on the face of it based on um the context of our Udo or our um our new um uh study but but what I'm what I'm most concerned about is that we're we're being more supportive of the our developers actually coming to the Planning Commission with these types of of um actual items beforehand so that it doesn't create a rift in how the council votes versus the Planning Commission but thank you other than that I'm listening thank you Council thanks Mr

Mayor um thanks to my colleagues first of all for their comments this is really helpful um thanks to the applicant for this proposal um I agree there there's no perfect development out there I these are all sort of complex um we've heard some concerns here and some questions I just had a question about this I want to speak to this issue of connectivity which I think is actually interesting with this project so could you talk about this additional five foot sidewalk that's offsite if if NCD will allow you to build that say more about that and what's what it's going to take because is I understand that will connect your site to the sidewalk with the site just to the north and allow someone to to walk essentially to to Aldi or or and ALDI it's only half a mile away right this is not that far right that's correct you know seems like a small component of this project but it took us several months to work through it and and took a couple other lawyers that are smarter than me to figure out how to make it work um but essentially you know we're required to build a 10-ft multi-use path along our Frontage you know pedestrian bicycle friendly there's a sidewalk to the north but there's this Gap right at our property line and when

we looked at it it seemed like well let's figure out how to make this connection what you have there is a some sort of a utility with underground wires and you have right of way where it appears that dot has the rights because the right of way is platted but what we didn't have was documentation that time as to was the proper sequencing done and are we certain that we can make that sidewalk connection we got ourselves to a level of comfort after a lot of work that this Gap it's in neighborhood of 50 to 100 yards um it's critical and we found a solution to do it so by committing to that piece you now can walk from our site to all that commercial and without that that connection it wasn't going to be a possibility so so it's definitely it's not it's not if I mean is it still sort of in sort of process or is it for sure you can so so our analysis is that there is sufficient right of way what we're protecting against is some unforeseen interpretation but when we look we have the right way to do it and we're confident that we can get it constructed appreciate that and then also could you also confirm so because I also interested in the transit connectivity so often these development don't have

any Transit so this what's the closest bus stop is what it's less than a mile away right less than a mile I think it's 08 miles staff will know that it was in the report but I might not have it uh um perfectly it's under a mile though that that sounds correct the closest Stop would be up near the Aldi on Renaissance yeah okay um another question I have and also I want to appreciate my colleague councilwoman Freeman for mentioning all the volunteers in the Planning Commission I take their comments very seriously I also as a member of the bike and pedestrian advisory committee take seriously the volunteers at bpac who also review all these proposals um and I know they talked about that that path there there was another proposal from bpac and I wonder if you considered this and that was have a pedestrian Crossing at uh at Buck Crossing Drive is that something you considered we considered it and we worked with Earl uh Luellen on it and determined that it probably wasn't the best idea and that the safest solution would be to provide the sidewalk connection that we're prioritizing here up to up to the to to to Renaissance yeah to head north from the site thank you

um yeah I think you know again I think there's no perfect development I appreciate the the the concerns and the you've showed in the additional pron Planning Commission again I do take the Planning Commission comments very seriously and read them for each case um and I do yeah I think I think these propers respond to what they their concerns of the Planning Commission so I will be supporting this resoning thank you thank you mayor Bron thank you Mr Mayor and I want to thank my colleagues as always for for really insightful and probative comments and questions I I do want to um respectfully say that I I think that there's a difference between different stand standards and higher standards um I have policy differences with my colleagues from in any number of areas um from whatever to uh valuing what I think should be centering the comments of folk who live in affected areas but it would never occur to me to characterize a differing view uh from one of my colleagues as higher or lower it's just different um one of my values

is I don't think that 17 single family by right home serves our City's long-term values um and one of the things that centers me in decisions like this is these are practical non-academic real world decisions uh every yes we make is a no to something else and every no we say is a yes to something else that that's just the nature of this job um and I bring all of my my concerns and values to the discussion to the debate but in the final analysis it comes out to an actual vote and and my final question is what is the real world impact of this vote I heard a word that I think is really operative uh Durham is a developing City we are a city uh we are a growing city uh we are an urban environment I'm a single family home owner uh in Durham and I voted within the last year and a half on at least two projects that are going to Place Apartments within close proximity to my own home uh so I get it uh every neighborhood in this city is

experiencing growth uh I can't insulate mine from it and I don't want to insulate mine because um I want our city to be welcoming uh and in an urban environment you will see different types of of housing products uh Apartments Town Homes uh and single family homes I'm seeing it in my neighborhood and we will see it um in other neighborhoods as well uh I do uh want to Echo something that council member rist said I had wrote a note to myself that I take very seriously the the planning commissions comments as well but so do developers and I have watched developments evolve based upon no votes from the Planning Commission um this development has evolved um and I think it's in a much better place precisely because of our Planning Commission uh the vote so I want to as well salute the Planning Commission vote sometimes a no vote from the Planning Commission may have more dramatic impact than yes votes from them uh because a yes vote May signal that you're done um and we've gotten I think better results from uh from developers

with no votes uh from the Planning Commission I do also want to um speak thank the the residents who spoke out tonight and just address a couple of things that they said namely uh well firstly I should say the occupancy of nearby um apartment uh complexes I don't know and I I I'm not questioning uh the veracity of the statements I don't know uh those numbers I don't know how many of those units are affordable in those other complexes my suspicion is that the ones that are affordable are probably occupied uh and there might be some some wrangling over the market uh based ones but if there are in fact even affordable units in those complexes that that have been alluded to tonight but but this one does have uh affordability um and I think the affordable units in this apartment complex are better than the 17 single family homes that would be built by wri my values are I don't think that would serve us well and with respect to traffic um

the traffic argument almost speaks to development in this area as a whole as opposed to this particular project and and I want to be very careful about and I've said this time and time again that you know I the scope that we're dealing with tonight is this particular project that's before us the argument could be made that if if it's true for this development then it's true for any other development out there and and if the only thing that's going to be acceptable from a traffic point of view or town homes or single family homes not withstanding that it did not cross the threshold for a TIA not withstanding what what what the experts say and I get it because as a lay person I determine traffic by my own comfort as opposed to science in other words if I'm sitting in the traffic jam at the highest point of the day to me we have a problem although the road may be nowhere near capacity from a scientific point of view so I get it I've sat on 70 making that trying to make that turn on Miami from Miami to 70 and have cussed out my

own Council where and I'm on it uh and uh but realizing that scientifically what capacity is is very different from my experience as an individual a private commuter finally I will say and I want to say respectfully I i' I've listened to some pretty interesting arguments when it's come to Apartments I think uh uh it may have been council member Freeman that somewhat alluded to this I've listened to to some pretty interesting arguments about particularly Apartments over the years that I've been on this Council um I'll just say that that we need land owners we need we need Equity we also need folk who rent to have somewhere to live as well um in all parts of our city in all neighborhoods just like in mine um and all of us in the city are going to have to deal with that as well uh so with all of that said again I want to thank my colleagues for um their comments I want to thank the Planning Commission for what I think was a was a pretty uh successful goting and

prompting of this developer to to better their project I I'll be supporting it thank you Mr Mayor thank you colleagues were any other comments Baker go ahead I want to follow up on uh council member RIS question um I think I might have missed it so there's a recommendation from bpack on the crossing to the Buck Crossing Drive um safe I think safety on on nc751 is is a legitimate concern um and you mentioned that it it was determined there was a determination that it wasn't safe we looked at the best options to consider and there may be a way to do it but that ultimately we thought it was better to prioritize pedestrian bicycle traffic along the sidewalk connection to the north um it's yeah that was that was our analysis was that was that staff were were you involved in that analysis or is that

purely um planning staff was not I don't know that Transportation staff was I don't think they were either that okay because I know in the past there have been some bpack comments where staff wasn't totally on board with every single bpack comment I just wanted to check and see if that was the case here yes uh Bill judge Transportation the um I think it's highly unlikely um that C do would permit a marked crosswalk across NC 751 at that intersection um but we have not um least Transportation staff have not had that conversation with them but in order to put in the crossing you would have to have the very least likely construct uh Ada ramps on both sides of 751 and then the question becomes whether or not um the state would allow an unsignalized Mark crosswalk at across 751 at that location so the value of bac's comments because I think those are important and I do think that the crossing at of 751 I mean

that's that's pretty vital um to to being able to access the greenway and all of the other amenities to the east um the value of bac's comments they they just went to the developer um and weren't necessarily there wasn't follow-through on bpack comments I'm just I'm just trying to understand exactly how what role beex comments play sure the comments are provided to uh the applicant during the review process they are also provided to the Planning Commission as part of their deliberations um so both Planning Commission and the applicant and and the public can review bac's comments and make comment but again they are only advisory at this time okay and you looked at bac's comments and so I mean we so we looked at the options I think you know as Transportation staff just just mentioned um I think part of the discussion is that we thought it was unlikely to be approved so it just wasn't of the utmost priority because we thought it was so

remote what what what I'd say on behalf of the developer is we would never be opposed to making that connection I think pedestrian connectivity is always important so if permitted we would certainly be open to it what are you interested in making a commitment to that yeah we're yeah we would we would commit to if approved by do we would make that connection okay do we get that yes uh we can work out the wording and and clarify that with the applicant but just to make sure I'm I'm hearing this correctly uh you're committing to if approved by ncdot a uh marked crosswalk at Buck Crossing road across 751 correct okay thank you okay thank you all right any other comments colleagues all right thanks for uh this uh Rich discussion and um yeah I the reason why I talk about so many

m. or 4: to 5:30

have to go on how 54 it's a single Lane surrounded by US Army Corp uh the Army Corps of Engineers land I wish that we could be responsible for widening that so I wouldn't have to wait you know uh 15 minutes to get one mile um so I I get what the neighbors say I was the W 3 representative I lived over there um but here we are with our hands out begging for you all to fill a freaking sidewalk um if that was on us then you know I think we could we could really Implement that plan a lot better um so when I think about Raleigh and dreamville how they're about to get this $ 20 million economic impact they're going to be able to do a lot with that uh that that benefit from taxes so I hope that we are you know I hope that we'll begin to think more uh holistic and how we can generate more Revenue to do more things rather than just relying on um developers and now we're relying on you all to rely on another agency who

for goodness sake we can't get dot to do much of anyb right now uh so I hope that that comes through um when it comes to housing you know uh despite what anybody says Uh there's there's basic fact and and and logic um when housing is exclusive is expensive when housing is not as exclusive then therefore the market responds by the price coming down I'm not making that up and that's not a Leo interpretation that's not a President Biden interpretation that is 1 plus 1 equals two that's making the math math so I think about it overall in terms of supply and then I think about what types of housing that we have and if we can increase the housing Supply at every single level then we can respond to every single in every level of interest that is coming into our community as well as those who are those who are here and when it comes to uh when people say what about affordable housing for us you know

um if if if you homeless and you don't have a house that that's something I think that is it's a crisis and we need to be able to assist as much as possible um but you know we're we're we're trying to respond to what we know is coming this is a growing growing growing community and I don't want to look at a vacancy rate now and say because we have this vacancy rate we shouldn't do anything else just simply look at the numbers at RDU and how they're growing as far as people coming in and out of this community look at you know the job growth look at the jobs that are coming the worst thing we can do is say in 2024 oh we have X vacancy rates so we shouldn't do anything else and then as soon as some company breaks ground and they bring you know it's like we we try to hire as much as we can locally but when we can't we start bringing other people in I shouldn't say we but it's just what happens next thing you know we

have housing to be much more exclusive again and we're back with our hands out begging for affordable housing I'm trying to be more holistic I'm thinking about affordable living I'm thinking about how Transportation works with the housing types that we have with the jobs that we are actually having here so this isn't uh philosophical for me it's practical and uh so uh as someone who actually lived in an area lived in that area for several years I I also know what makes dot move is the logic of density uh and I do see you know there there's several Town Homes over there there's several single family homes over there there's some apartments over there I see this as a mix type community and uh this is only contributing more to it uh I I do think that the more we ify in this area the more that we're going to be able to have Transit resources um respond to that uh again that's not philosophical that's practical U so I'll be supporting it as well um with that being said I thank you all for this

debate and this convence not necessarily debate but it's Rich conversation I I just love the perspective of my colleagues and how we view these issues um but that being said I will go ahead and um bring us in before we move forward I have a question you have a question I just wanted to check in with staff regarding that watershed area and just making sure that there is a review or some on ramp for analysis um that's already happening and so I just wanted to ask exactly where that review would be occurring or on the Watershed so I know that the residents raised the issue around being concerned about the ecological impact and I'm thinking I mean I'm not sure but I'm certain there is some review that that happens currently is that review something that those residents could follow so that I think what you're referring to is the uh storm water

requirements and how this how the storm water requirements May or storm water release may affect the natural heritage area to the West um so there's a couple things going on first uh when this this project goes to the site plan stage for site plan review uh site plan will make sure that they are following the development plan that that you are considering tonight and make sure that none of the building or parking or Paving that that that area remains disturb uh undisturbed in the site plan and then there will also be storm water review there will be a a storm water uh requirements that they will need to meet and that will also be handled during the site plan stage um now site plan is an administrative review it doesn't come back to a governing body to review that simply is a process of it if they meet the requirements they meet the requirements if they follow the law they follow the law and they are therefore approved and then just along the lines around the flooding that could occur from this how are we analyzing if an

increase of flooding is occurring um if there's an increase that would be I I'd have to defer to our Public Works folks and and storm water as to exactly that how that handles you're getting a little bit out of my area of expertise unfortunately um on storm water issues uh but again that would be addressed uh through the site plan stage and and site plan making sure and storm water making sure that they're following all the commitments they've made through the development plan process thank you all right thank you so uh we are now at the point of a motion I'll entertain a motion to adopt an ordinance and ex R 751 into the city of Durham and to authorize the city manager to enter into a enter into a utility extension agreement with Transit acquisition company LLC moved is red second it's been moved and properly

seconded all in favor I'm sorry um Madame clerk please open the poll please close the motion passes unanimously thank you and motion two to uh to adopt an ordinance amending the unified development ordinance by taking property out of residential rule major transportation Corridor I40 Falls Jordan District B County jurisdiction and establishing the same as planed density residential 30594 major transportation Corridor I40 Falls Jordan District B City jurisdiction move is R second and moveed and properly second Madam clerk please open the vote please close the vote and the motion passes 70 thank you and final motion to adopt the consistency statement as required by North Carina General statute section

160d 605 move to adopt consistency second and move to properly second Madam clerk please open the vote please close the vote motion passes 70 all right thank you so much colleagues at this time we will um take a break for 10 minutes before getting into the next one we'll be back at uh 906 how about

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m. on your collection day two your cart should be at least 3 ft from all other objects such as mailboxes telephone poles fire hydrants trees and other carts three your carts should be no more than 3 ft from the curb four no vehicles should be blocking your carts the mechanical arms on our trucks need direct access to your carts and cannot reach around vehicles to find more information about garbage and recycling pickups go to this web [Music] address

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think are stud [Music] I didn't eat earlier all right um welcome back [Applause] all right moving on to the next project as I can see so we're going to make a an agenda uh adjustment uh colleagues uh Chelsea's

82 acres and located at 1324 Bungalow

Avenue this annexation petition is non-contiguous to the primary corporate liit but is contiguous to an existing satellite the intent of the annexation is to access Water and Sewer Services the property is currently designated established residential on the place type map the proposed residential Suburban 20 zoning is generally consistent with the designated use shown on the place type map if the proposed initial zoning is approved there will be no change to the place type designation of established residential thank you and staff is available to answer any questions you've heard the staff report colleagues are there any questions for staff right I'll now declare this public hearing open do we have anyone here do I have anybody online 22 all right colleague says is there any

commentary all right I'll now declare this public hearing closed and back before the council all right and um I'll entertain a motion to adopt an ordinance annexing 1324 Bungalow Avenue into the city of Durham and to authorize the city manager to enter into a utility extension agreement with cwh properties LC so moved second moved and properly seconded Madam Clerk please open the vote please close the vote usly thank you so much and motion two to adopt an ordinance amending the Udo by taking property out of the residential Suburban 20 FS Jordan Lake Watershed overl District B County jurisdiction and

establishing the same as residential Suburban 20 Falls Jordan l Watershed overlay District B City jurisdiction so moved second and moved and properly second it Madam clerk please open the vote please close the vote rep out motion passes 70 thank you and finally to adopt the cons motion three to adopt the consistency statement as required by North Carolina General statute section 160 D- 605 so moved second moov properly second Madam clerk please please open the vote please close the vote motion passes 70 thank you that was probably the most controversial thing we've ever did all right and our final hearing tonight is number 21 Consolidated annexation Lee Valley staff we'll receive your report

57 acres and located at 5412 and 5416 Wendell Road and 5529 and 5533 George King Road this annexation petition bdg 2233 is by state law a non-contiguous annexation request though the request is now contiguous to the current city limits the applicant also requests a zoning map change from the current residential Suburban 20 to residential compact with a development plan to allow between 310 and 340 units consisting of townhouse Multiplex indor apartment units the properties are currently designated excuse me transit opportunity area on the place type map while the rcd

zoning distri district is generally in line with the TOA Place type the rcd is only fully consistent with the TOA Place type when the development plan commits to Transit oriented design and an additional commitment to Civic commercial or office use if the proposed zoning is approved staff recommends a change to the place type map to designate the entire property as apartment and townhouse neighborhood as the characteristics and policies with this place type are more in line with the proposal the Planning Commission recommended approval of this proposal on an 8 to5 vote at its February 13th 2024 meeting bear in mind there is one parcel in the annexation request read 141 615 that is presently zoned rs20 in the county jurisdiction the applicant proposes to change this designation to rs20 in the city jurisdiction this parcel is being included in the annexation petition to ensure the lift station serving the site will be within the city limits thank you with staff and the applicant are available to answer

any questions thank you uh colleagues are there any questions for staff all right I'll now declare this public hearing open welcome Mr applicant go um how much time do you think you need s minutes all right Madam clerk please put 10 minutes on the clock I don't trust yall you always good evening mayor Williams mayor Pro midd and members of the city council I am Neil go with the Morning Star Law Group and I'm representing the applicant and property owner for the rezoning which is Greenhawk uh with us tonight are Laura Hollman with McAdams as well as Earl wellam kimley horn and also Jeremy Medlin with Greenhawk I want to thank Mr Kane for his presentation and as has been stated this is a development on about 29 acres of land in the compact

neighborhood tier and I think this is important because a number of things have changed within the Udo over the course of uh the this project um and those changes in the udio had some pretty dramatic impacts to this project when we submitted this rezoning there was no tree cover required in the compact neighborhood tier and there also was no project boundary buffer that would have been required for this project changes in the Udo were adopted which now required tree cover in the compact neighborhood tier and uh I think you all are familiar with the mass grading and phase development text Amendment um those was place a requirement for project boundary buffer on any project grading more than four acres at a time so uh we had to take some time to make sure we could fit all of those items which were not required uh at the time we initially filed the zoning the good news is that we were able to accomplish those things and still maintain the minimum density at 12 dwelling units per acre and even more uh we were able to commit to providing more

than double the amount of required open space so it did work out but the site is very tight as a result uh this is an interesting project primarily because of the product type that's envisioned here um I'm not sure if there's a good example of it here in Durham the closest thing I can think of are the uh Villas at col Barber but basically these are going to be town home style units except they'll be set up in a quad format rather than in a line at least some of them will be set up that way um and so that you know you know traditional Town Homes you think of them as side by side by side these are kind of back to back to back um in a quad format so you know just like a typical town home each unit will have its own separate entrance but because of the way it's set up each unit would have like a sidey yard and or front and backyard as well so it's really interesting prototype there also would be kind of duplex style units uh as well um but these will all be set up you know kind of as as a multif family development um and

um green hog made the decision to use this product type here because there are a lot of multifamily traditional multif family developments right in this Corridor pretty much everything around here has been approved for multif family or is already built for multif family so they want to differentiate the product a little bit but still envisioned mostly as a rental product here I think it's been stated there will be a minimum density of 12 dwelling units per acre which means at least 310 units must be built we've also put a Max of 340 units um and we've committed to providing 3% of the final uni count as income restricted at 80% Ami I think this project will add meaningfully to the housing stock in our city I noticed that the staff report uh reflects a commitment of $5,000 to DPS um and I'm fairly certain we discuss this at the Planning Commission hearing probably paperwork is on us on us but I did want to make sure that based on uh the information in the staff report we did increase that number at the Planning Commission to 53,500 um the 5,000 was a plug number we had uh

in our resoning application before we got information about student generation numbers uh the project also commits to handling the 100-year storm event we have another commitment related to having more than one type of storm water system uh Greenhawk has committed to using native species for required plantings and Landscaping as well as having active elements for their amenity package there's some architectural commitments to ensure varying sizes of the units it's a pretty robust of commitments overall uh I also want to touch a little bit on infrastructure um it was mentioned what there's a parcel including the annexation that is not included as part of the rezoning and that is because this project um we we have talked to public works this project will be putting in a uh a lift station to handle this site and that lift station is going to be designed it's not quite in the lowest spot uh in this Basin so that lift station will be designed per direction from the public works department to be taken offline when I believe it's a parcel across the street I'm sorry across George King that

represents kind of the low point where they want the ultimate lift station to go um so when that comes online the lift station that this project would Implement would be a would be designed to be able to be taken offline this project is also going to be well not going to be it is committed to um what is the word I'm looking for dedicate RightWay uh for various collector roads that are shown on the um collector Street plan that's been adopted by the no uh and that th those collector streets do take out quite a large portion of this property but also they kind of set up a weird offset in the middle of the property with the way the north south collector Street goes um so a lot of infrastructure is proposed as part of this development uh we're happy to report that we have a recommendation for approval from the Planning Commission which I think as you all know that's not a simple task and we hope you will join them in their support of this project uh our team is available to answer any

questions you may have and we look forward to getting your feedback thank you very much thank you I'm col GNA start with our folks online which I only have two uh Mary McClure no Pam Richie neither folks are online Mr Mayor all right I see there choer Hill resents all right this is a public hearing if there are any other Ronnie Covington is online she was marked as 20 but she wanted to speak to 21 oh that's right um yeah that's that's I remember um Ronnie can you hear

me is she uh still muted Ronnie Ronnie uh Miss cson can you hear me can you hear me oh there you go yes yeah welcome you have three minutes we're on uh the correct one now thank you um I come as an opponent to this project I live in the vicinity uh I live in Falconbridge which is across 54 from where this community is going to planning on going in um my objection right now is not necessarily to the community but to the fact that and we talked you guys talked about this before um on the other uh development of 751 the traffic in this area is unbelievable um anyone who tries to get on 40 in morning rush hour or after noon rush hour or who tries to get out of any of the communities that uh that flow

into 54 or Fearrington it's impossible um I've lived here since 2017 I was a resident in the 60s 70s and 80s but not in this part of the county um I left DC to move down here and the traffic is almost as bad in this area as it was in the communities outside of the Beltway of Washington DC I cannot see how you can plan on putting 340 units car only um there's no sidewalks very few it's a it's a community that's tucked back from a very country road I know there are going to be turn Lanes put in but I I don't know how that's going to work in this particular section of Fearrington road um I'd like to see more planning for traffic abatement uh a

collector I don't know what they're called a collector a left turn R Lane on 54 to turn north on Fearrington will be extended and turn Lanes going on to Wendell road which is the only access for this community uh it's just not going to work the traffic backs up so badly right now um that that it boggles my mind to think this is something that's on the on the on the board to work on without a infrastructure plan for traffic and um I've heard the argument that traffic's all you know it's a problem all over the place but it's particular problem I cannot get out of my neighborhood in the morning rush hour or afternoon Rush Hour either on 54 or on Fearrington road so besides the fact that um we are inundated with these apartment units uh just the

traffic plan I think is is need of attention um so that's that's what I have to say thank you for your comments thank you all right um those are all of the speakers that I have again this is the public hearing and that this Tom I'll declare the public hearing closed and back before the councel all right colleagues sorry resp oh I'm sorry yeah I missed that part the public hearing I declare it back over open applicant uh Mr go would you like to uh respond thanks colleagues I missed that step for just so the one speaker about traffic I mean we've studied the traffic here we've implemented um the recommendations from the Tia I don't know what more to say about

that thank you all right I'll declare this public hearing closed that's why I was getting all those looks from everybody sorry about that um and back before the council colleagues I start to my left all right um thank you Mr Mayor just a couple of quick questions um could you just I I couldn't really quite hear you um but I my reading of the commitment of affordable housing was 3% income restricted at 80% Ami for 20 years is that still the same or has that changed that's the commitment yeah okay um and it's my understanding that there is a 30 30 years has been what staff has sort of designated as affordable housing because anything shorter than that the

impact is is low by the time that folks move in they have to move out again is is their interest in in a different amount of years maybe 30 years to meet the criteria that our comprehensive plan I'm embarrassed to say our team believes the 20 was a typo it is on the paperwork we intended 30 happy to go to 30 and that is just a 3% and 80% Ami correct and we got that I see staff writing over there so that's great um and then there and you you didn't bring up any Maps but I think that I was looking at some formerly there is a wetland area that's on this parcel but it's quite small and so it didn't trigger any of the protections under the Udo is that correct it's

like4 Acres um I think that's correct um is there is there a plan for where the utilities will run I know you talked before about the lift station but can you talk about the plan for the utilities um and and maybe help me Orient on the map what that would look like sure I mean uh Tyler is here Tyler probes with McAdams might be able to speak better that I will just take a stab at it and you jump up tell me if I'm wrong um so utility I believe both are coming from the direction of Windell and Crescent um so to the from the east of the property and the lift station is the southernmost section of this property of the annexation so the utilities would I'm sorry the sewer would from site would go to there and then be pumped to George King

Road and where is the wetlands in in relationship to those yeah yeah good evening uh Tyler Pro and mcams I'm going to be the Civil project manager on this project um good evening mayor U council members so the wetlands you see there on the map are what the core would consider isolated they did come up in our um alation but um they would not I we have the wrong map in front of us sorry to interrupt you I think that's from the last presentation okay okay we don't we don't have a map loaded for this case there was no presentation provided so we don't have right that's I think where I'm having some issues I have a map in front of me but if you could walk me through it that would be helpful so um those are isolated Wetlands on the site um if they are to be disturbed they would go through permitting with the core in the

state um and so those would be required permits that we would receive during site plan permitting um and in terms of the utility extensions um they're in the their agreement um visually and so we would be looping to planned water lines in Wendell Road and Fearrington um there's an existing line in Fearrington and then um as Neil was saying we're planning a lift station for this site um there is a regional location west of George king for a lift station um so the way this will be designed is there will be a gravity line teed up such that if that project were to ever be developed west of George King Road um this pump station could be um taken offline so the infrastructure would be set up to go ahead and do that um seamlessly and then those flows um because we're installing a force M Force main in George King Road we've already

confirmed that the that Force main and the gravity sewer could handle that future um Regional lift station too so that infrastructure would be able to remain in place as well so I'm kind of killing two birds with one stone and future looking gotcha and and the one that is proposed prior to the one on the west side of George King since that has not been developed you said it was going what where on the property that one that all the one that we the station that y'all are going to have to implement it's going to be on the south side of it's going to be in the area of annexation that's not in the zoning um so if you're able to have both Maps it's it will be in that area okay thanks um it's it's one of the Southern Parcels in the most southern parcel in the annexation I believe okay thank you I don't have any further questions at this time thanks thank you

um quick question for staff just on connectivity so this this would this would meet the connectivity requirements and it is Public public Street wait the private Street stre connection I'm a little confused about what's what's a public Street what's a private Street here because I'm seeing two arrows pointing at one another one says public Street one says private Street Council B is that directed to the applicant or to staff so is this going to be um just just a second for for staff real quick is this going to include um it's going to meet the connectivity requirements through public streets or an internal network of of private streets and then if it's private streets does that meet does that meet the the requirements of the connectivity regulations so my

understand it looks to me based on this development plan is going to be private streets but I would I would ask the applicant to confirm that they are intending for internal private streets on the on the development yeah that's correct um that the internal streets would be private streets the uh part of the challenge I guess with this site is that there are collector roads that are going through uh the north south collector Road does not align with uh the property line so that only half of that RightWay is on some of this development if that makes sense so we have to cross over the collector road we have to come from Wendell existing Wendell Cross over the future collector road to get back to the site and that might explain why you're seeing two sets of arrows because one of them is a public access from Wendell and then after it hits the collector Road it turns to a private Street and turn to the site okay yeah that that's helpful

I'm actually um I'm going to be voting no against against this one um it's it's not consistent with the the future land comprehensive plan we just unanimously approved an apartment building so so obviously you know we're not I'm not speaking against development in general um I I uh am always pushing for uh proposals that that meet that meet the the the comprehensive plan the future land use map this is calling for a Transit opportunity area um as I said before I me sort of thinking about these 3DS density diversity design density is good if it also includes diversity uses diversity people appreciate the uh 3% at 80% Ami uh and then design that connectivity is is critical to to me and um and I think with consistency for the comprehensive plan um commissioner CE wrote the application includes no Provisions for commercial Civic or non-residential uses as solely a

residential project the proposals inconsistent with the transit opportunity area with existing projects already in the area and with large undeveloped acerage between this site and whatever Transportation Investments may occur in the future along Highway 54 essentially inevitable in some form a site this large should not be cut out of the transit opportunity area put differently reserving or committing to some Civic or non-residential component would bring the proposal closer to the intent for the TOA Place type so I'm very much uh practical uh and to me this application doesn't uh meet the intent the comprehensive plan or the fature land use map um and I think it would need some sub substantial changes in my view to to to Warrant um a yes vote making it consistent with the comprehensive plan so just wanted to let my colleagues know I'll be voting no on this one thank you council member Baker council member gabero thank you good evening good to see you um so this I

feel like I don't remember which resoning it was for further up Fearrington closer to the intersection and I pretty sure y'all were one of were the attorney representing that client but I remember asking about the residents at that point I don't know if you remember this Neil or not because I I remember driving Wendell and and crescent and it's just that weird transition to like country um gravel and I asked about those there's there is a s a sign for sale for the acreage at least for part of it but it seems like a lot of those homes are still in there and so when I drove the site I thought it was just literally adjacent to what's already happening but there is that section that transitions if I'm I mean that's where the so if you're like on you know Fearrington you turn left on Wendell there's a sign at the corner of Fearrington and Wendell that's says you know that property is for sale but then you go back in there and there's several site home sites and that's what it looks like based on your development plan and so I guess my question is it makes sense what's happening in that Corridor I just

don't understand how that transitions to where y'all are with those folks kind of stuck in the middle on that little island um and so that's my big concern like I get what's happening there and I get that I even understand why you might not put commercial where it is you don't have great Frontage to Fearrington and on the back side of your property you're not going all the way to whatever King George random has to be the longest Gravel Road in Durham um I drove that today and I was like oh this is why I like driving my zoning sites cuz you you find new things every single time um and so uh you know when you turn down uh that road and drive it all the way and connect through um because for some reason I thought the the the connection was on that side of the site anyway which made no sense to me but then I looked and I was like oh no I was wrong um but um it it's just that kind of awkward Island for those resid so I yeah thanks I um so first of all I don't know what you drove but I hope it had four-wheel drive if you're going down George King that is was my trusty Sienna it's got 222,000 miles on it

that'll do that'll do um I if I let me rephrase what you said and make sure I understand you're talking about the pocket of land that will be left between existing Windell and The Collector road that is supposed to be extended through yeah it's like you you know you take a left and you go up Crescent which is also which is also um gravel and you know the road ends and you can see right there all the new development that's happening that's in the transit opportunity Zone but between at least for from your where your zoning site like your actual notification which then that's what marks the the land being reasoned and where the transit opportunity stuffs already happened there's probably five or six maybe a few more homes and it looks like people are selling but I guess it's just a weird it's a weird transition I'm just going to say it it's odd it's an a little island and maybe council member Reese brist can help me out because he was with me it's this little pocket of like what's happening here between what what I think

is y'all's thing based on what we drove and saw notified so this is what I can tell you I'm not exactly sure which houses might have um four sales signs on them but Greenhawk actually owns all like all but one parcel one single family parcel that is between where the collector Road North South collector road is supposed to extend and where Windell is I believe there are houses on those properties but they're not for sale Greenhawk owns them that actually is why one of this is the reason they didn't rezone those properties is because the status of the north south collector road is in flux we have committed to putting it where it's shown on the comprehensive I'm sorry on The Collector Street plan that's where we've shown uh putting it on our development plan that's that's what would be required however there are talks about moving that road that north south collect Road essentially off of this rezoning property to make it align with kind of existing Windell which would create a completely different

development scenario from what we're left with right now so right now Greenhawk owns properties that are going to be sandwiched between Windell and this collector Street unless the collector Street moves so really that that is really going to determine the fate of that north south collector is going to determine how they are able to develop those Parcels in the future which is why they're not part of the resoning right now thank you I appreciate that that was helpful um council member Freeman uh just just one question I I didn't hear anything about public Community conversations or anything of the such have you spoken to the residents that live over there uh yeah we've had two neighborhood meetings um and you know they were not that many people came to them we've had prolong discussions with folks property owners that are along Windell um in fact through this process I

believe Greenhawk um acquired some more property from property owners in that area that we're looking to sell uh we've had conversations with folks across um George King this is a kind of a strange area um in that it certainly was rural at some point however it has um it has been approved for and is developed for a lot of multif family right now it's not I would not describe it as a rural segment right now and in large part the property owners in that area had embraced that change and are in fact trying to find developers that will buy their property and so I'm just want to know if specifically you heard from Donna Supple or Elizabeth Brown yeah I believe that's the one parcel that you don't own right yeah that's the one parcel that yes we've talked with them a couple times and I'll tell you what my main concern is is the limitation that's created by this site or just to council member Cabo's

point the satellite it's essentially like you plant this apartment complex or whatever the type of development with the tow houses quads however you deform it and then you limit the opportunity to even create a commercial space in there and so yeah if I could respond to that that's exactly why they hadn't that's exactly why those Parcels the other Parcels that Greenhawk owns aren't part of this resoning if that collector Street moves that opens up a completely different opportunity for how the site could be developed until there's the clarity on that I mean you you're talking about developing Parcels between two roads and then just for staff I would just love to know how that process would happen with the collector Street like where the onramp is for the conversation and how far out it might be uh yes Bill judge transportation again the um typically the uh in this area of the collector Street was adopted

I believe going on about 15 years or so ago um so it it has been uh quite a while but typically we will work with applicants um so right now they are showing showing it in the exact location that's shown on the adopted plan but when they come in with site plans subdivision plans other um more specific plans um we generally do allow uh deviations of the alignment to the extent that they're one not going to create a hardship for another property owner that's not part of this that um two that are still meeting geometric standards or other types of um yeah reasons that there may be Dev it could be to maximize their development but also um when these plans were developed there were not an extensive environmental screening done so there there are often environmental reasons for making adjustments to the alignment and I think to that point it's hard to move forward at this

point with that what with that one I'm assuming it's you know whomever the the owners are being in the middle of that it doesn't seem there's just a huge missed opportunity with that Transit area if we're just doing one without the other so I'm hesitant but I'm listening yeah I'll just say the the conversation about the collector street is a little bit complicated in this Corridor because there are several property owners that are not Greenhawk say south of this collector road that are going to be impacted by where it aligns through greenhaw property now we have had as I said we've had discussions with property owners all in this area including the folks to the South there is a large resoning project that has been submitted to the city it's in review um for a lot of those properties to the South it is that project that has requested um reconsideration of the

alignment of that road we've been in discussion with them we told them we would support moving The Collector Road as they have indicated which would be over to where Wendell is uh currently we're supportive of that and and we preserve our ability to do that by you know not we'd have to reone uh those Parcels that Greenhawk owns that are not part of this to move that collector Street and we would do that if the collector Street plan was uh was amended or um yeah I guess amended is the right word so I agree with you that there is potentially a missed opportunity here but it's going to take coordination between a lot of property owners thank you Mr Mayor um yeah this is there's a lot a lot in flux here in this development um uh as and as you said I mean there's everything from you know when we drove the site there were there's like on the backside by King George R there's like horse farms back in there so was a very rural area at the

same time it's developing rapidly along 54 and Fearrington there's a lot of I know along Fearrington there a lot of multif family housing um at the same time we have this Transit opportunity area there and I do agree with my colleague Council M Baker that like I hate to move away from the vision of that that fully mixed use concept there and so this one seems kind of complicated to me as we said in the last case I do respect the Planning Commission and i' I've looked at their comments um read them quite um carefully in this one I I'm I'm leaning against this one I'm not sure it's the right time for this development because with with so much in flux that's that's my sense I appreciate interesting to hear you say because they did recommend approval um and ultimately the question about mix uses did come up and I mean I think the part that I think is hard to explain there is a lot in flux here but one aspect that's not in flux is what this side of the property that all all the property greenhaw own what it would be useful for I mean this is that section of the property where we're talking about building this development

uh is never going to have extensive Road Frontage it doesn't front on Wendell it's behind it right so the the other Parcels that Greenhawk own that that's the real opportunity for the Mixed use but it remains to be seen how that's going to be able to be developed until this collector Street prr but even if the collector Street moved the section we're talking about building would be built for for residential anyway that's that's actually kind of the decision they made to go forward with this resoning and and Reserve what they're going to do on the rest of it to see what happens with the collector Street plan and Durham's longrange plans going forward with the well at the time we followed the comprehensive plan was in review the ud is going to be Rewritten so there are a lot of things that are inlux but I don't think that changes what most people would consider conventionally to be the best use for the section of property we're talking about developing for residential there are no roads that front it it's essentially behind everything so you I mean if you had mix use there nobody would drive by it wouldn't it wouldn't be it wouldn't be able to

survive well and the last thing is also you know compared to the last case and not that these are all individual cases but but I think the close there's not the same connectivity right the closest bus stop is probably across 54 I'm glad you brought that up yeah it's across it is it is across 54 it's kind of down in the uh Nantucket I think area where that restaurant is that's where the bus stop is and that's not I don't believe there is a pedestrian crosswalk there um we have had conversations with the transit authority this is Transit opportunity area there are no plans for Transit here so it's an interes designation it's not one that I necessarily disagree with but we can't find any concrete plans for for transit in this area and there's no hiding the ball here I would not recommend walking from this site to the closest bus stop it's probably not safe but I don't know that that's the applicants F there's no plans for Transit here yeah go ahead thank you Mr May

again thanks to my colleagues so I'm old enough to remember that Transit opportunity area discussion was different pre- light uh lir pre-light Rail and post Light Rail um and I think it's important to keep that in mind uh particularly when we're discussing this area I think the uh planning commit uh commission got it right this is generally in agreement with TOA but not fully consistent I guess each council member will have to um decide how strict they want to apply the the comprehensive plan but I think the the demise of Light Rail should be kept in mind and impacts this this conversation um I agree I I think the Planning Commission got this one right I'll be supporting it thank you Mr Mayor thank you Mr Mayor I have a question for staff um and then a suggestion to colleagues um the other application that uh the applicant mentioned for the other development with the the potential movement of the collector Street that's been submitted how far along is it in

the process with staff it went through a first review or was it process of doing a first review um if I'm remembering that if if we're talking about the same one I believe it is currently on hold the applicant has asked for a kind of a stay on the review for right now as they're working through some issues this may be one of them I wasn't privy to those conversations so I couldn't speak to that exactly um and I believe it's on hold for about another month okay thank you um so I have a suggestion for the applicant and colleagues like if we move forward this evening I be voting no uh I think that you know maybe it doesn't make sense but just the the I have a lot of questions I have a lot of questions about the road alignment I understand that that's not your fault or anything but I also have to understand what's the kind of connectivity and and there's a lot of moving Parts there so my suggestion to colleagues would be if we could get a continuance or however we want to phrase it so that potentially things can align better than they are right now otherwise I you know and that's up to the

applicant but as it currently stands with some of the questions I have I would be voting no I am open uh to either um getting referring it back to staff or doing continuance whichever one is I sometimes I know we make a difference so yeah thank you can I just ask clarifying question I understood your the statement you made and I need to talk to my client but um what is the item or items that you would want Clarity for referring it back to stff sounds like what you probably want here because I don't know that there's a date certain but what are the things we're trying to get more clarity on I would like coordination with this other project which is why I asked about it so that we can figure out what is happening with this collector Street uh because it does impact things and if it makes it so that you can include these Rando properties that are kind of like island of missing toys over there um then then I think it is to your point a better project and that is my goal is to

get a better project thank you thank you uh I I I I'll just say that you know um our comprehensive plan is is a it's a guiding document it's not a mandated document so I I use it as a reference uh not a Reliance um so I I just I'm just saying that to let you know how I'm thinking um I am not one to you know I I don't want to look on paper and say commercial would go really good right there um because it's not you know in a necessary vicinity like that just because you I think you can look at apartment complexes that came up with the concept that we're going to put retail at the bottom and then the apartments above because people are above they're going to just support the retail that doesn't it in real life it doesn't work that way so I I would I would you know I I'm not going to hold that against you because I

as a business owner it doesn't make sense to just plot something because it looks good on paper however uh I think that to council member Cabo's point it would answer a lot of questions that even you all can't answer just yet um and I think that I also don't want to just put it Forward because the because the conditions are what they are when we have questions that we can have answered um and if there can be some some I'm not going to say you have to coordinate with anyone else but more information the better I think it'll be supportive of uh what you all are trying to do here um at at face value I'm willing to support it but I I do like the idea of trying to give it one more chance to to just make it work better even with everything else that's going on around here so uh we we could I don't I think you maybe have a question outstanding to staff but I'm going to take a minute to talk with the client

yeah what was what project was that again the uh the name of it what what was the name of that Pro other I believe it's oh I'm going to maybe ask Bo to correct me if I'm wrong I believe it's Lee Village Center I think is the name okay the other project it's it and I I think we're all talking about the same one it involves that large 100 Acre yeah or so parcel kind of right in the middle of the Transit opportunity area like I said that was submitted couple three months ago um it went it did start a review process and then it was asked to be put on hold gotcha okay and and I I spent quite a bit of time with the uh residents of Co um cop aror over there as well and um just we don't want to be able to fragmented Community I I think that when we can work all together in

that re in an area the better but we'll leave that decision up to you all whether you ask for your continuous or whether you uh have us uh you know refer back to staff or whether we call for a vote tonight yeah I mean uh so this is Jeremy Medlin he's with the uh Greenhawk the ownership group open to a continuance to try I mean I'm not exactly sure what to say about when we would come back as far as the timeline I yeah I might leave that I might ask Bo to weigh in here on whether we would set it for a date certain um your two right now in terms of planning items um your two uh May calendars are already already full so we're getting into June and I I know with [Music] budget uh so we we may be looking at August before we bring this back okay I'll leave that to to the manager's office but that may be what we're looking at may I approach him

thank you Mr Mar and thank you colleagues I I just want to say for the record I'm I'm not really sure what you're going to be doing in that interim period And I I don't I mean it's not my job to suggest to you to go coordinate with others that aren't part of the you know within the scope of what's before me as a decision maker so I just want to and I don't want to create the impression that my vote is somehow Tethered to well it would be a yes pending this or no pending that you know it it had depend on what's before me right now so I don't I don't really know what's I mean I have no problem if you want to ask for a uh a continuance but for me I could say I'm not really certain what would um what would would would inform me more particularly as I said earlier in light of the changing landscape of that area um with you know changes that have happened in our City Light Rail and other things um so yeah for for whatever it's worth I'm not going to do your work and give you advice one way or another but but but but I've communicated what

my what my decision would be based upon what's before me tonight um barring that I I can't say what I would do I'm not going to even pretend to tether my vote to to more or less information so I just want to say that thank you Mr Mayor yeah and I I appreciate that I mean I I don't the thing is I don't know what we would be able to accomp I think I the direction we've been given is to try to get some more answers to to some questions but me and we're willing to do that I don't know that we're going to be able to to be specific it's not just random information what the the my request and do with it what you will is that you all work with the adjacent property owner that has this project on hold to figure out this collector Street issue because I think it is pertinent to this project that is my request I don't know what other people's request is and you you don't have to take that feedback I'm just saying that is why my I want answers on that particular component of it before I feel comfortable voting yes thank you yeah and we're open to I mean we've

already spoken with them we told them we would lend them our support to um uh moving that collector Street plan we we were not this project was not um how would I carrying the water on getting that move I we we have accepted the adopted collector Street plan this other project approached us and said would you be amenable to moving it we said sure if you can get that approved we would go back and reson the property to to move the the right of way but when we filed this that other project wasn't on the books I mean we you know we're ahead of it obviously um so we filed well before we heard anything about moving that collector Street plan so it's a little bit of uh you know I mean I don't know what to say what will get done but I can tell you that the answer is if there is the right Avenue vehicle to get the collector Street plan moved uh Greenhawk is not going to be impediment that we we

would agree to it it it helps the project immensely uh if that is moved but as the collector Street plan stands now I we we've resigned ourselves to it and have accommodated it thank you um so what so what so colleagues does it help you if there's a a written commitment here or um or do do we want to just address it on a vote tonight or um what what do you all or have a preference what I heard is that if we if we were continued we'd be coming back in August that's what I think I actually August I was looking at the calendar August is also already full so we're looking at the first meeting in September as the next time we have an open spot allow me a moment here and while you take just for a little Clarity so if they have already committed to the uh collector Street agreement if it if

it if the other project cause for to move they've already agreed to it are you still suggesting they wait on this one yeah I mean I I think my suggestion and this is why we've done this before when projects have had questions we have continued them we have asked applicants to do it and they almost always come back with a better project and so that is the opportunity I'm giving this applicant because this particular project is mostly good and I want to support it but I have some reservations and so if I'm forced to vote tonight and I have a feeling then the based on what I've heard from colleagues the project fails thank you yep i' I mean we are happy to take continuance and and talk to well that other project I don't know if there if there are other property owners that might be uh involved in that we can look at that too but the statement I made earlier still stands I just really don't want to overpromise here I have no idea what it takes to

move that or in that collector Street plan ahead of August or September at this point Mr go of the issu is also talking with no happy to help you uh set up meetings with that since I'm the no leison as its council member WR thank okay thank you and I have a little bit of experience with the no myself so I can I heard so I heard uh are you asking for continuance uh yes okay call um yes staff would request that the continuance be made to a date certain which would be September 3rd that is the next available spot we have availability on the calendar at this time the Tuesday after Labor Day that is the Tuesday after Labor Day yes okay thank you all right all right sounds good uh so as a or you got to take a vote on that no uh you yeah you you've requested to continue it so we're going to hold this

m will be the

m will be in the Carolina Theater for the state of the city address also uh uh colleagues we're ready to go um Thursday we will be officially after several years back in the

committee room for our uh work session so co uh committee members we will not be in here in the chambers for work session any longer we will move back to the original location uh which is upstairs in the committee room which is much smaller just keeping that in mind but we uh we have new technology it's pretty phenomenal and it will be streamed and um yeah it's quite the enhancement all right uh with that being said I believe we are adjourned thank you at 10:04 thank you

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