City Council · Regular Meeting · August 18, 2025

Would you please call the roll? >> Absolutely. Good evening everyone., Mayor Williams has requested an excused absence. Mayor Prom Middleton, >> I'm here. >> Council member Baker >> here. >> Council member Cabayro >> here. >> Council member Cook >> here. >> Council member Freeman >> present. >> Council member Riss >> here. >> Thank you. >> Thank you. Chair's opinion quorum is established. we can get down to the business of the people. Colleagues, I'll be asking for the excused absence after we go through our announcements. At this time, I'm going to yield to my honorable colleagues for any announcements. Good evening, Council Member Cook.

>>, good evening. Just want to say thanks all for being here. I don't have any announcements tonight. >> Good evening, Council Member Baker. >> Good evening., and good evening to to everyone who is here and welcome. And I'm so happy to see you all. I just want to extend my warm welcome to Duke and NCCU students who are coming into town and welcome to Durham and welcome back to Durham. It's also back to school season, so I want to wish teachers and parents and students an exciting and safe and enriching beginning to the school year. And I also want to there there was a report in the news recently I saw. I want to encourage people to get their vaccines. Durham is actually a little bit lower than where should we should be in terms of vaccinations, especially measles. I I highlight that because because student vaccination rates are really important.

And also because there's so much misinformation, measles outbreaks in Texas, let's just make sure to get our kids vaccinated., and then of course it's been another two weeks, which means there's been more news from our federal government abducting families, consolidating power, eroding democracy, cutting programs and services, and jobs, that are affecting us right here in Durham., so I want to applaud all the work that's being done across Durham, to to push back against this. U, we'll we'll continue organizing, continue doing that work., and meanwhile, we got to pick up the trash. we need to provide clean water, resurface the roads, and so there's there's a lot of great work that so many people across our city are doing. and I feel very encouraged and optimistic because of the amazing people that we have here in our beautiful city.

So I look forward to to this meeting and and working with with my colleagues. Thank you. >> Thank you, Council Member. Council Cabierro. Good Council Member Cabayro. Good evening. >> Good evening. Good evening, everyone. Good to be here with you all. just very briefly, I want to shout out the Latino Credit Cooperative Union, LCCU. They celebrated their 25th anniversary. I think it was two weeks ago. and that is an entity that has over a billion dollars in assets in between North and South Carolina. And they are homegrown in Durham. They are a powerhouse on microl lending, setting up all kinds of families that normally wouldn't be able to borrow money for cars or purchase a home or get a small business loan. And they have done incredible work in Durham and across the state of North and South Carolina.

And so I just want to shout them out this evening and that is all. Thank you. >> Thank you, council member. Council member Fre Freeman, good council. All right, we'll we'll go on swing back to work. Council member Ris, good evening. >> Thank you, Mayor Pam. Good evening, colleagues, staff, residents. Glad to see you all., member pretend, good to see you in the in the chair seat there. Congrats. Thanks for leading us tonight. So I just got a couple things., I've been thinking a lot about transportation the last couple weeks.

And you know, part of our challenge here as city council members is not only to govern for the challenges we have at the present, but really to lead this city going forward, city and region going forward and look anticipating things we're going to need in the next 15, 20 years. One of those is transportation. So the day after our last work session, Council Member Caviierro and I, Commissioner Jacobs and many staff were at a meeting of the regional transportation alliance. That's a regionwide group of business leaders, elected officials, and planners thinking about how do we plan for the transit of the future that we need in this growing region, right?, so we had a important presentation on bus rapid transit, which you all have heard a lot about. This is al often referred to as buses resembling trains. It's a quicker way to get to transit. That's we're working hard on that in Durham as well as in Raleigh and Chapel Hill. And so our our BRT line.

That's our first one that's going to run between Duke and Wells Village is moving forward. A lot of other BRT lines are planned in the region. And there's there's effort to link those BRT lines up. So more on that to come, but that's a big part of what we're doing regionwide to make sure we build in more transit in our communities and get less car dependent. The second thing is, you know, when we talk about this region, we there's always this challenge. How do we get people to the airport without taxis or cars? Right? And rapid transit 40 is how do you get from 40 to the airport? So there's a new idea we talked about there called a RDU exchange station which would essentially be a station that would be right above 40 where BRT lines could come in from Durham, from Kerry and elsewhere right there above 40 and then shuttles from the from the RDU would come down to this exchange station and provide a way that you could.

Actually get to the airport with shuttles and transportation that wouldn't be a car. So it's an innovative idea. It's not going to happen tomorrow, but this is part of the transportation planning we're working on. Again, your staff, your regional planners, and your elected officials. The last thing I want to say is that a regional rail conversations continue. So, we don't have the light rail, but we're still talking about now passenger or regional rail. That's the new conversation., even with the change of administration, the Federal Railroad administration is still funding trains, right? So, we're have we've got a plan in our regional transit planning organization to work towards this idea of passenger or regional rail. essentially running on the Amtrak lines. And so one challenge and that would be like shorter trains, more frequent travel, so we could get between Raleigh, Durham, but the other thing is that we don't have RTP station. And so at our at our meeting last, Wednesday, right, of the joint city county planning committee, which is.

I'm sorry, joint city county committee, that's both Board of County Commissioners and city council members, we had a meeting or a presentation for the NC DOT about the development of a RTP rail stop. So again, this is kind of long range planning, but that rail stop at RTP would be designed to connect with the triangle mobility hub, which go triangle is building to link buses and bus rapid transit in the park. So all these things are pieces building blocks we're putting together for the next transportation needs we're going to have going forward in the future. So I just want to give you that sense. I know it's kind of wonky stuff, but it really matters as we get around as we build ways to get around this community that aren't car dependent.

The last thing I want to say is that I was at a meeting last week at the recreation advisory committee that I serve on our monthly meeting. We had a great presentation from staff. I don't know if anyone from DPR is here. Great presentation from staff about the major improvements that are being made at Sherwood Park, which is right off of Cheek Road. Major improvements in the playground courts, football court, basketball courts, and also a a large playing field there. So great stuff that's happening with your penny for parks, but also it's also the the EGI, the equitable green infrastructure funds are also funding that work at Sherwood Park. So there's going to be a groundbreaking soon at Sherwood Park.

Stay tuned for that. Great news for the community and the folks that live near Sherwood Park. So with that, Mayor Prum, I yield. >> Thank you, Council Member. Council member Freeman will yield to you for announcements. Good evening to you. >> Thank you. And so many things. I I definitely did want to commend folks with the Durham Housing Authority for jumping into action. I had a concern over in East Durham and I do want to just take a moment and say I know these folks are overwhelmed with the with the federal cuts and the shortage of funding that they have and the housing the housing stock that they have that there's so much work to be done and it's incumbent upon all of us to try and work together to figure out how to support what they're doing and trying to keep folks in their homes as they face different challenges. I also want to I'm trying not to touch this, but I I can't help it. The the concern that's been raised for me.

And the last few weeks or the last I mean it's been months really around the federal federalizing of our police officers with military on the streets in DC is concerning in a way that I'm not prepared to face a challenge here in Durham. And I just want to make sure that we're all being called in on what's happening and making sure we're paying attention because we know that policing in and of itself is a problem and the way that it's formed in our country and to militarize it becomes even more of an issue. and it can happen in any city in this country and I'm concerned that we're not we're not prioritizing paying attention to what we need to in our community. And also on a happier note, I do want to just send a very big shout out to the honores from this weekend at the Durham Committee on the Affairs of Black People's 90th anniversary. For 90 years, this organization has stood in place.

Through rough times, through all of the things I can't even imagine in the 1930s and 40s and 50s and 60s prior to civil rights. and all of that's been rolled back as we've watched over the years. And so it's it's really critical that we all figure out how to come together and take care of one another in a way that's not punitive, petty, or ridiculous. And I'll leave it at that. Thank you. >> Thank you. Thank you colleagues for your announcements. Certainly want to associate myself council member Freeman with your acknowledgement of the Durham Committee on the affairs of black people on celebrating 90 years. Congratulations to them. On behalf of the city and the mayor, we want to send our best regards out to a delegation from Tanzania who was just recently visiting the city of Durham. some of you may know that we have a sister city, Arouchia, in Tanzania. and there was a delegation who visited with us just a few days ago.

Had a state visit here to Durham and and got to see our some wonderful people and go to some wonderful places. So we wish them well in their travels back home and we look forward to seeing them again real soon. and finally, I just want to send a shout out to the Sidekick Academy. Master Freddy McNeel launched a leadership camp today. I was at Arin Harris Elementary School earlier today as your keynote speaker for a bunch of energized kids, young leaders. who are learning leadership skills and learning how to assert themselves and learning the things that it takes to succeed in whatever area of life they choose. I want to congratulate them on a successful start to their summer camp. and I told them I would shout them out. They're going to said they wanted to come colleagues and sit in our chairs here at the here in the chamber and I know we'll make that happen for them. So good luck to all of the kids at the Sidekick Academy summer.

Leadership camp. With that colleagues, absolutely. Thank you. With that, colleagues, I'm going to ask for a motion to grant an excused absence to the mayor this evening. I'll entertain that motion. >> Second. >> I heard a motion in a second. Madam clerk, would you please open the vote? Please close the vote and report out. >> The motion passes unanimously. >> Thank you. His honor is excused. Colleagues, I'm also going to ask for an excused absence for this Thursday. I may or may not be using it. I need to attend a funeral on Thursday. I want to send condolences out to the Harris family, the Harris Johnson family. Joe Harris is the director of public transportation, director of transportation for our Durham Public Schools. His mom made her transition just this week, and we will have a funeral service this week. Joe happens to be a parishioner of mine, and his mom is like a second mom to me. So, I will be either late or not here on Thursday. Council member.

Freeman, I'm going to ask if you would conduct that vote for me. >> Of course. thank you. all in Well, I need a motion. >> So moved. >> Second. >> A motion in a second. All in favor? >> We'll open the vote.

So sorry for your loss. The motion passes unanimously. >> Thank you so much. Thank you colleagues so much for that. All right friends, at this time now I will turn to our executive leadership staff for any priority items and we will start with our city manager. Mr. Manager, good evening. >> Good evening, Mayor Prom, members of council. the city manager's office does have two priority items this evening. First, agenda item number seven, the 2026 city council meeting schedule. the 2026 city council meeting schedule has been updated to reflect city council's requests that you made during the August 7th, 2025 work session. Then for agenda item number 22, that's the Walltown small area plan and place type map amendment. a presentation will be made this evening during the August 18th, 2025 city council meeting as part of the public hearing. Those are my priority items.

Mayor Prom. >> Thank you, Mr. Manager. At this time, I'll yield to our city attorney for any priority items she may have. Good evening, councelor. Good evening, Mayor Prom, members of the City Council. It's good to see you. The city attorney's office has no priority items tonight. >> Thank you, ma'am. At this time, I'll yield to our city clerk for any priority items. Good evening, Madam Clerk. >> Thank you, Mr. Mayor Prom. The city clerk's office does have one priority item. We would like to refer item three, the board and committee report, back to the city clerk's office.

>> Is that item three? >> Yes, sir. All right. Thank you for that. At this time, colleagues, I'll now.

Read for the record our consent agenda. Our consent agenda cons our consent agenda consists of items that the council has already had opportunity to do a deep dive on at a previous work session to treat it and ask any questions that we may have. And because of that, we can pass all of these items with one vote. However, any member of the public or any member of the council is free to pull one of these items off the consent agenda and we will treat it after taking the vote for the rest of the consent agenda. I'll begin reading now. Consent agenda.

Item number one, recreation advisory commission mayoral appointment. Item two, participatory budget steering committee appointment. Item three has been referred back. that's boards, committees, commissions, and task force fiscal year 2024 2025 annual attendance reports. Once again, that that's been referred back. Item number four, Durham Workers Rights Commission appointment. Item number five, Durham Bicycle and Pedestrian Advisory Commission appointment. Item six, housing appeals board appointment. Item seven, 2026, City Council meeting schedule. Item eight, Central Square Technologies CAD TOCAD Unifi Cloud Subscription Service Contract. Item number nine, American Rescue Plan Act, ARPA, interlocal agreement with Durham County to support digital equity efforts. MiFi distribution program contract with Celco partnership doing business as Verizon Wireless. Item number 10, amendment number one to professional services contract SW50D North Duke Street sidewalk improvements, tip number EB-5715.

Excuse me. Item number 11, installment purchase contract series 2025. Item 12, cooperative group purchase contract hazmat truck. Item 13, second amendment to service agreement for project management consulting services with Turner and Towns and Huey LLC. Item number 14, parking facility structural maintenance package number one, project contract change order. Number five with Carolina Restoration and Waterproofing, Inc. Item 15, first amendment to the solid waste management yard waste repairs engineering services agreement with Smith Gardener, Inc. Item 16, Environmental and Street Services Administration building roof and envelope repairs design contract with R&D Architects, PA. Item 17, resolution approving street closures for the 2025 movable city open streets and 2025 Durham Holiday Parade. Item 18, FY26 transit grant project ordinances. The ordinances are listed. Item number 19, FY2026, Durham County Transit Work Program funding agreements. Item 20, purchase order with Swan Analytical USA, Inc. for turbidometers and controllers at the Brown and Williams water treatment plants. Nailed it.

Item 21, professional services contract with Highfield Infrastructure Engineering PC for the 15501 and Cornwallis Road waterline and Andrew Avenue tank drain line improvements project. 20. Item 26, grant agreement with the Durham Housing Authority for Forest Hill Heights relocation activities. Item 27, loan commitment for 902 Southbriggs Avenue redevelopment mosaic development group. Item 28, amendment to city loan with KB Carver LLC for Sandy Ridge Station project increased loan amount and revised affordability terms. Item 29, resolution approval of a multif family housing facility to be known as 902 Southbriggs Avenue in the city of Durham, North Carolina, and the financing thereof with multif family housing revenue bonds in an aggregate amount not to exceed $22,500,000.

Under general bis under general business agenda public hearings which we'll take up tonight. Item 22, Walltown small area plan and place type map amendment with a presentation from staff tonight. Item 23, zoning map change, Fagatville flat flats. Item 24, zoning map change 4218 South Austin Avenue. Item 25, zoning map change, 303 US70 warehouse. That ends the reading of the agenda. Colleagues, at this time I will entertain a motion to pass the consent agenda. >> Second. >> I hear a motion in the second. Madam clerk, would you please open the vote?

>> Please close the vote and report out. >> Motion passes unanimously. >> All right, consent agenda is adopted. We'll move now to our general business agenda. The first item is item number 22, Walltown small area plan and place type map amendment. And I'll yield to the staff at this time. >> Oh, there you go. >> Hello. Thank you. before I begin, staff would like to state for the record that all planning department items, hearing items have been advertised and noticed in accordance with state and local law and affidavit of all notices are on file in the planning department.

Hello, city council. My name is Carl Kausna, senior planner and project manager for the Walltown small area plan. today I'm presenting the Walltown small area plan along with proposed place type map amendments for five parcels in Walltown, which is case number A25001. These are two separate but related items. I'm going to spend some time explaining what a small area plan is, including a brief project history, and then I'll briefly go through the main content of the plan. The full plan document is attachment A in your packet.

Small area plans are very similar to comprehensive plans, but with a more narrow geographic focus. They are land use plans., small area plans are advisory and they are not legally binding. They are not the unified development ordinance or zoning development plans. Small area plans give advice and recommendations, but they cannot require anything and it does not change what is legally allowable for property owners in the study area. The planning process involves equitable community engagement and staff analysis which helps identify land use priorities and issues in the study area. The plan itself makes recommendations that are designed to guide potential development decisions such as a zoning map change.

The plan also includes actions which are a list of specific steps that local government should take to address land use issues. The study area for the Walltown small area plan is bounded by Green Street on the south, Broad Street to the west, North Buchanan Boulevard to the east, and Interstate 85 to the north. boundary includes the former Northgate Mall site to the northeast. In 2023, city the city and county adopted a new comprehensive plan. And as part of that process, we heard a lot of desire for detailed neighborhood level planning that wasn't possible for a plan that large. Early in 2024, at the request of elected officials, the planning department began work to develop small area plans, and Walltown was the first area selected. The potential for redevelopment of the former Northgate Mall site was a key reason why Walltown was prioritized. A project kickoff meeting was held in late June last year. That meeting focused on the former Northgate Mall site and more general land use discussion in Walltown.

Based on that feedback and building on grassroots community work and organizing in the preceding years about the mall, staff released a first draft of the policy guidance for the former Northgate Mall site chapter in August 2024. Work for the rest of 2024 mainly focused on community engagement and revisions to the mall policies. work in late 2024 and through 2025 focused on developing actions to address identified land use issues in the broader Walltown community. A detailed breakdown of these engagement phases is included in the appendix of the Walltown small area plan and the plan went before the planning commission on May 13th of this year and received a 12 to0ero recommendation.

Comments from the planning commission are included in attachment B. This shows the former Northgate Mall site, just under 60 acres in total. The mall opened in 1960 and for many years was a main regional mall in Durham in the typical suburban style with significant surface parking. Between 2017 and 2019, the anchor stores Macy's and Sears both closed and the mall completely closed in 2020. In 2018, the mall was acquired by a new owner. The area is designated a transit opportunity area in the comprehensive plan place type map showing a desire for conversion into a highdensity mixeduse transit oriented development. The transit opportunity area place type is a key way of working towards the 15minute community concept from the comprehensive plan where residents have access to daily needs within a 15minute non-automobile trip.

So after an introductory chapter, the Walltown small area plan is organized into two main chapters. As there's likely to be significant land use change at the former Northgate Mall site, the first main chapter of the plan provides policy guidance intended to inform development decisions such as a zoning map change. This chapter is organized into six policy topics listed here. Each topic includes selected comprehensive plan policies that are relevant to the mall site. And in particular, the 15minute community design topic carries over the transit opportunity area place type description text from the comprehensive plan. For each topic, the plan has new policies that are specific to the mall site. In general, the plan envisions phased transition to a grid pattern layout of high density and mixeduse development that incorporates affordable housing, affordable retail options, public and community spaces, bicycle and pedestrian connectivity, and environmental sustainability. Elements described in the policies could be achieved with voluntary text and design commitments in a zoning map change process. I want to highlight one.

Proposed change to the plan compared to the version shared at the planning commission. At the May 13th planning commission hearing, staff received a comment requesting additional v visual elements and implementation strategies for this chapter. So, in response, an illustrative example of a site design based on one originally designed by members of the Northgate Mall Neighborhood Council and the Walltown Community Association has been included in the 15minute community design policy section on page 10 of the plan. A new policy number six on that same page has also been added which outlines potential public private funding opportunities that should be explored to facilitate inclusion of public benefits in any redevelopment of the site. Finally, on August 11th, staff heard concerns from members of the Walltown Community Association about the impact that the new development ordinance might have on implementing the small area plan for the Northgate site. The current draft of the new unified development ordinance proposes to change the zoning of the site to CX5, a zoning district that allows more uses and generally more.

Height than the current CC zoning. The second main chapter of the plan focuses on land use issues and opportunities in the broader Walltown community. The recommendations in the plan take the form of actions which are a menu of specific steps that could be undertaken by local government especially outside of the development review process. The plan has recommendations on paper streets, public land, private alleys, place type map and zoning, transportation and historic resources. I want to highlight one set of recommendations in this chapter related to paper streets and public land along avenue. Paper streets are strips of land that were designated on official maps to become streets but were not actually built out as streets known as paper streets because they only exist on paper. These areas are problematic because they do not have a clear owner or party responsible for maintenance.

They are not legally maintained by the city. Paper Street A, as it's called in the plan shown here, had around 500 pounds of trash and debris removed from it so far this year. And just to the north of Paper Street A, denoted with the blue X's, are three city-owned properties. These three properties combined with the Paper Street, make up just a little a little under an acre of land. This picture taken from Sedgefield Street shows Paper Street A and part of one of the city-owned properties. This lot this city-owned land is not suitable for something like affordable housing given environmental conditions.

The Walltown small area plan recommends exploring innovative use of this land, including potentially a pocket park or other type of public open space. At the May 13th planning commission hearing, two residents spoke in favor of changes to the paper street a and two spoke in opposition. the recommended actions in the plan account for differing outcomes and if adopted, the implementation of these actions would involve additional engagement, analysis, and discussion. Lastly, the place type changes recommended in the Walltown small area plan are presented today as place type amendment case number A25001.

They are shown here and also as attachment C in your agenda. The property at 1406 Broad Street which is showed in red on the black outline on the left side is currently designated neighborhood service area in the place type map. and the two properties at 1402 and 1400 Clarendon shown on the right side of both images are currently designated established residential. Note that the two properties on the right are two of the three city-owned properties next to this front avenue paper street. So all three of these properties have streams running through them that would make either smallcale commercial or residential development difficult. The plan recommends changing these parcels to the recreation and open space place type shown as green in the right image. And finally, the properties at 1305 and a portion of 1303 West Club Boulevard are currently designated established residential in the place type map. These parcels contain the Walltown graded school and the plan recommends changing the place type for these two parcels to community institution to match their current and.

Historic civic land use. that concludes my presentation. Staff is available for any questions and provide additional details about any elements of the plan. Thank you. >> Thank you very much for that substantive report. Colleagues, I'm going to yield to the deis if there any questions before we go to our neighbors who want to speak. Council member Cook, please. >> great report. Thank you. I just quickly was wondering if you could state more about the three parcels of land in the paper street and why it's not suitable for other types of building.

>> Yeah, they're not suitable because there are significant either perennial or intermittent streams that run right through the middle of them. These would carry stream buffers in the unified development ordinance and in general they're land that really should be preserved in perpetuity and not developed on. So that's why staff is recommending those changes. Colleagues., Council Member Cabier, please. >> Thank you. I have a just a follow-up question. I heard with the the first proposed place type map change, it was city- owned parcels.

>> One of them is Yes. >> Okay. What about the other one? >> The the other one is Oh, I apologize. Actually, yes, all three of them are city own. >> That's okay. And then on the subsequent slide, is it also publicly or it's community institutions? Is that what you said? Yeah, community community institutions. The proposal, these are not publicly owned., we've reached out to the property owner a number of of times about these. We haven't heard anything back, but the these are privately owned.

>> Okay. And and we we'll get to it later about kind of the engagement with paper streets and whatnot., maybe after the public hearing part of this. Okay. Because I have more questions around that. >> Absolutely. Colleagues, anyone else? All right. I'm going to officially declare this public hearing open and I'm going to Mr. Mr. Go, did you want to I have you as a resource for this as a did you want to add anything or speak? How much time do you anticipate needing?

>> None at all. I'm just here on behalf of the ownership of North K Mall didn't really have any comments prepared. I will just take a moment to acknowledge the hard work that staff put into it and you know that we appreciate all of the you know hard work, dedication, time that went into this from staff and the community. very collaborative process that resulted in the small area. So, >> all right, sir. Thank you. All right, then I'm going to go to our neighbors who wish to speak. I'm going to start with proponents. as I call your name, if if you don't mind if you're here, would you just queue up along the railing, my right, your left, and you'll each have three minutes. I'd like to welcome Brandon Williams, Ezra Norberg, Cynthia Williams, Angel Iset Dojier Doer, and Mimi Kesler.

>> Good evening. If you just state your name, your address is necessary. We're glad you're with us. You'll have three minutes. Good to see you. >> All right. Thank you, dear Mayor Prom, members of the City Council., my name is Brandon Williams and for the last six and a half years I've been a core member of the Walltown Community Association. >> Clock, >> sorry about that. >> Yeah. Been a been a member of the community association's effort to advocate for a transformational redevelopment of North K Mall. A redevelopment that turns the mall into a place where all Durham residents, including those in the working class, have the opportunity to live, work, and play. In order to realize this vision, the redevelopment must include significant affordable housing, affordable retail, community and green space, and environmental sustainability.

The Walltown small area plan turns these priorities, which have been developed with input from hundreds of residents across Walltown and other neighborhoods proximate to the mall into policy recommendations that will influence future land use decisions about the former mall site. The ability for residents to shape the way our city plans, designs, and builds the physical environment is critically important for establishing justice, safety, and flourishing for all. Small area plans are a powerful tool for supporting resident voice. And we want to affirm your decision to invest in this practice for communities across the city.

However, we also recognize that our power as residents only goes as far as the zoning laws that govern what can and cannot be developed and built. Tonight, we affirm residents power expressed in the small wall town small area plan. We also raised serious concerns about the ability to leverage this power in light of proposed changes to Durham zoning laws as codified in the unified development ordinance or UDO. As currently drafted, the new UDO will undermine the community's work by granting expanded height and research and development capabilities that are currently restricted at the mall site.

These restrictions are what grant residents and the city power to negotiate with developers for community benefits. If we grant these changes in the UDO instead of a resoning application, it would eradicate our power to ensure that what happens with the mall is consistent with the priorities outlined in the small area plan. And the UDO won't just erase this leverage for Walltown, but for other DUR neighborhoods like Hay Thai and the West End and Lakewood that have been fighting hard to align the redevelopment of old shopping sites with the needs of their residents. And the UDO won't just impact these major commercial property redevelopments, but also change what happens in the residential parts of our neighborhoods. And we're not just talking about communities near the center of town, but those extending all the way out to the county lines. We are not against growth and development. We simply want the power to shape and influence that growth and development so that it creates opportunity for all of Durham's residents. Tonight, we ask you.

To approve the Walltown small area plan as an affirmation of resident power and planning and development. And we ask that you protect our power to negotiate for the community center vision we hold. And regardless of whether folks have a small area plan or not, we ask that you affirm and uphold the voices and visions of residents across Durham to shape the change happening in our city. Do not give away our power. Thank you. >> Thank you very much, Mr. Norberg.

>> Good evening. Thank you for being with us. You have three minutes. Hello and good evening, Mayor Proemporary Middleton, members of the Durham City Council, and members of the audience. my name is Ezra Norberg. I'm a senior at Riverside High School, and I'm here tonight to urge you to accept this resoning proposal of the properties located at 1400 and 1402 Clarendon, 1406 Broad Street, and 1303 and 1305 West Club Boulevard. I'll begin with the Paramount parcel in this case to me 1400 and 1402 Clarendon.

These properties are currently zoned as established residential allowing for new housing. but this would be a major negative for the community. The land is currently unsettled and it serves as an offutilized throughway between Clarendon and Sedgefield. This is the paper street that was discussed earlier. This pathway is a belove is beloved and vital to the neighborhood and it provides a safe shortcut between the two residential streets without forcing pedestrians onto guest road which is heavily trafficked. I know that me and my friends often use this to get between our houses and to the gym located in Northgate Mall. for this reason I think that recreation and open space zoning is the right fit to preserve this natural three-way.

Next the property at 1303 and 1305 West Club Boulevard which currently houses a charter school. The reasons to reszone this is these are clear. community institution zoning is designed for schools and other public service uses with the space and parking they require. Neighborhood service area zoning by contrast is intended for small shops and offices. A charter school is not a storefront. It's a civic institution. Community institution zoning is the proper fit. And I have no comments on the property located at 1406 Broad Street. For these reasons, I respectfully urge you to approve the resoning proposal and preserve vital community space and ensure our civic institutions are properly supported.

Thank you for your time. >> Thank you very much for being with us. >> Cynthia Williams, good evening. >> Thank you for being with us. You have three minutes. >>, good evening, honorable Mayor Prom Middleton and city council members. My name is Cynthia Williams, a resident of Durham's 27713 zip code and chair of the Coalition for Affordable Housing and Transit of Durham, better known as CAT. Over two years ago, an urban planner by the name of Nate Baker introduced CAT to the concept of small area planning. We recognized its potential to strengthen affordable housing analysis and community engagement. Since then, we've consistently advocated for this approach during the last two city and count county budget cycles. Tonight, I'm here to reaffirm Cat's enthusiastic support for the Walltown Northgate community and the city staff's report that you just heard resulting from their small area planning efforts. Over the past year and a half, CAP members have actively observed and participated in the collaborative work between Walltown residents, city staff, and the real.

Estate developer. We witnessed the committed community engaged deeply in shaping a visible real estate plan. Their dedication and the professionalism of city staff was truly inspiring. We respectfully urge the city to adopt what was presented tonight and to replicate this small area planning process in other Durham neighborhoods facing complex redevelopment challenges. Small area planning offers a path toward inclusive, transparent, and communitydriven development. Durham has the opportunity to become a statewide model for equitable urban planning. Kat stands ready to support that vision with you.

Thank you for your time. Thank you so much for being with us. >> Good evening. Thank you for being with us. You have three minutes. >> Good evening, city council members. Sir, city manager, madame city attorney, and madame city clerk. My name is Angel Iset Doer. I am a resident on the land that's formerly known as Pine Street. If you know about the Hay Thai community, that is one of the original streets in the Hay Thai community. I am here in solidarity and alignment with the Walltown community and I want to be clear several years ago Hatai organizations have been working diligently toward a small area plan probably for at least seven years under the guidance of council member Nate Baker before he was a councilman.

We are actively defragmenting, not disfragmenting because that's not a word, the injustices have that have plagued our communities, especially historically black, brown, and other communities of color. I'm not sure if most of you have been aware of this work, but we are in view of Walltown's leadership in this process as both necessary and inspiring, and we stand shoulder-to-shoulder with the Walltown community in this work. This is bigger than Walltown and Hayai, though. This is about Durham and how Durham chooses to handle its unified development ordinance. If the new UDO is not edited and applied justly, ethically, and with transformative wisdom, then small area plans risk becoming symbolic instead of transformative.

These plans cannot simply be another checkbox. They must reflect the lived history of our neighborhoods and the communities that have endured decades of neglect, divestment, and displacement. Durham has the opportunity once again to lead the nation as you did with the equitable community engagement plan that was adopted in 2018 by the former mayor Steve Shu. You have the chance to show what it means to be truly progressive, not in rhetoric, but in practice. That requires sincerity of intention from the City Council, city leadership, and more importantly, integrity of impact. The decisions you make tonight would not only affect zoning lines or places within the city of Durham. They will determine whether communities like Walltown and Hayai finally receive justice in planning or whether we see another round of broken promises and displacement under a different name. I urge you to adopt these motions with a full recognition of what they mean. An obligation to ensure that the Walltown small area plan and the Hatai small area plan that must follow are implemented.

With equity, transparency, and accountability. >> Thank you very much. Thank you. Not a known name to correct. Good evening. Thank you for being with us. You'll have three minutes. >> Thank you. Good evening. I have a policy question. I'm I'm I'm really interested. I I really like the small area plan. I like the process. I participated more as an observer and and I think it turned out really well. But there's a policy issue. We have a comprehensive plan and that was spent that that we spent a lot of time and money on that was applied to the small area plan. But we hear that the you new UDO will be allowing more leeway for developers to build by right and therefore fewer requirements to involve neighbors and avoids public hearings.

When there's a property that the owner wants to develop their way but is at odds with the small area plan, what will happen? How will the people's voice be heard? We won't know about it. We would have no venue to object. The only thing that has kept the current owner of North Gate Mall to build what was nearly the antithesis of what the community wanted and needs was the people objecting. We want to decide where Durham goes from here, not someone from somewhere else telling us what we need.

Please tell me how the small area plan will have teeth so we get what we want. Please do not ruthlessly cut out our voice. Thank you. >> Thank you very much. I believe we've exhausted all of the proponents. I'm going to turn now to the opponent and I'm going to go firstly to our virtual platform. Madam Clerk, would you please let me know if Beverly Evans is in quue and if if so, would you make her hearable?

>> Miss Evans, can you hear me?

I'm not on the platform, so you have to let me know. >> Mr. Mayor Prom, she's not responding. >> Not responding. Okay, we'll we'll come inhouse and then we'll we'll circle back around to Beverly. I have Audrey Mitchell. Are you in chambers with us?

And in the meantime, Madam Clerk, if you can alert Not a known name to correct, we we'll come back around to her. Good evening. Thank you so much for being with us. You'll have three minutes. >> Good evening to the council members as well as Mayor Pro team and everyone else. I'm Audrey Mitchell and I'm a member of the Walltown Community Association. I'm the president. I agree with I'm sorry. I did not mean to say I was an opponent. I am a proponent.

So look at me as saying that I am a proponent because I agree with what the the committee did working with Norgate for Walltown is the small small area plan and I think that was something that we needed not only in Walltown but in other areas of the city and other communities of the city. So I go along with that and I do agree with that. I'm not going to take up much time because all was said that I wanted to say. So, I agree with what was said and I hope you all take that in consideration as to what was said about the small area plan and agree with us on it. And right now I would like for you all to know since we have some support that we have supporters here from the Walltown community and I would ask them to raise a hand or stand so that you know that we are all together and working with this as well as to thank you stand up.

Thank you Cynthia and I just appreciate what you all said and we agree with it. Thank you. >> Thank you so much. Madam Clerk, do we have Not a known name to correct? >> Mr. Mayor Prom, Miss Evans has not responded to the unmuting. >> All right. Thank you much. I have exhausted all of the names I have for this. This is a public hearing. Is there anyone Is there anyone in chamber with us who wishes to speak on this item who has not already spoken?

This is a public hearing. Seeing none, I'll return to the deis and I'll yield now to my honorable colleagues for questions and comments. Let's go. Council member Baker, Council Thank you, Mr. Mayor, Mayor Protown. Congratulations to you all for your work. You did this. This small area plan happened because of you and you actually did the work. small area planning is is hard work for the planning staff that conduct and manage the process and somehow it was a little bit easier because the neighborhood had already come together and done it on on their own time and on their own dime. And that's amazing. I mean the work that has gone into this over years is unprecedented sets an incredible model and really set the direction for the official city conduct city and county conducted planning process on its own.

So, you should pat yourselves on the back for the hard work that you've put into this. Small area planning is is so important from a philosophical standpoint because we as human beings deserve the right to be able to shape the world around us, the world that we live in. We shouldn't just live in the world that is shaped for us. We should be able to have some sort of influence over that collectively. not in a way that excludes others from joining us but in a way that is better for us and our neighbors and the future generations that come to us. So from a philosophical standpoint, small area planning is a great way to do that. And from a practical standpoint, small area planning just asks us simple questions.

Where are we today? Where do we want to go? And how are we going to get there? And then because it is comprehensive in scope but limited in scale, we get to be more fine grained about the kinds of the ways that we answer those questions. So it doesn't just look at zoning. It doesn't just look at capital investments or community engagement. It doesn't just look at food deserts or child care access or streets or lots or blocks., it just doesn't doesn't look just look at community programs, but it looks at all of those things together and it goes out into the community and asks people what they want to see., what are the issues that are that you feel afflicted by today and how can we improve your life and your neighbors lives?, so small area planning is incredibly important., and I want to congratulate staff for the work that they have done. everything that I've heard coming from residents not just today but but in prior months.

People have felt that this process was trustworthy have felt trustworthy of of the the process itself and the outcome especially the the goals and the policies of the plan they're amazing they're fantastic and they provide a lot of certainty and direction I also want to applaud a representative from the the land owner for coming because there is tension between what the working-class people of Walltown want and what the large land owners on the Northgate Mall site want both in the neighborhood and on that site. And what the city can do through small area planning is release some of that tension and make sure that people are coming together and that we can actually be productive have and lay out a course for development of of that site., I also want want to say that I hope that we can build this kind of trust in the other future small area planning processes that that we conduct in this city. and on top of that, I also hope that we can include.

Some other elements too. You know, this is one of the first small area plans that we've worked on. we're working actually with Downtown Durham Incorporated as well to potentially adopt the downtown Durham small area plan in the near future and the work that they've done. so we will have two great small area plans to to begin with and I hope moving forward we can we can do this and even better and make sure that we include things like case studies and best practices. Make sure we include more illustrative visuals. Make sure we're looking closely at food access and child care access and opportunities for filtering in live, work, and small-cale commercial and providing those kinds of opportunities for people who who live in neighborhoods and need to access those things on a daily basis. Where to focus retail and mixed use and all of the issues that that we see that are part of urban planning. So, I'm pleased with the community's trust in the process.

Making official all of this work that has already been done. And no, it is not perfect. It's not trying to build utopia. It is balancing what we want the northstar with what is also reality. What can we what can we realistically achieve? and some of the policies include, you know, we want to achieve this amount of affordable housing, but to achieve this amount, we'll need to see some public dollars skin in the game. so, so it's a it's a realistic and visionary document. and I truly believe that that we can have a situation where where everybody wins.

Where these large sites around our city that sit adjacent to neighborhoods can be redeveloped with marker rate and affordable housing and all the different things that that people who live in those neighborhoods want to be able to access on on a daily basis. so once again, congratulations to you all for all the work that you've done., I also know and and we've received a a request from the neighborhood to include some additional language as stated as follows. I'm not making the motion right now, but I I want us to consider adding this in our motion to include in the small area plan document.

So, it doesn't actually make any official legal changes., in order for Durham residents and elected officials to retain their power in the malls redevelopment, the limitations of the current zoning at Northgate, including height limits and not allowing research and development should remain in place until a resoning application is submitted by a developer. So, when the time is right, I will include that as a requested amendment to the motion. Thank you. >> Thank you, council member. Anyone else? Council Council Kabier.

>> Thank you. These are going to be questions for staff. >> Hi. First off, I just wanted to say thank you to Carl. I know that you did the lion's share and certainly presented at joint city county planning and so I just want to say thank you and thank you to the rest of planning staff., several comments, and emails highlighted your work, u, Carl, so I just wanted to make sure that, you get your flowers., and I just want to thank staff broadly. I thought this was a very thorough process. Y'all came to us at Joint City County Planning. I asked a lot of questions. I still have some of those questions. I know that they're in the document., I guess it's the second attachment A. So the piece around flooding we talked about pretty deeply at joint city county planning and then within that there's a suggestion around doing more basically more accurate mapping that was raised you know that's something that I know I raised and so I would like.

To like I'm good with this and voting for this but at some point those clear action steps I would love to have a better timeline on when we can expect that. I know some of that might be funding to to do more studies. I think especially after Shanetta, I think that that's going to be a question mark for other parts of the city because we know that those FEMA maps aren't necessarily the most accurate or just how storms are forming now. so would love to know and maybe that's more a question from Sarah or for Sarah versus you Carl, but would love to know what what the timeline around that one is and then kind of what is that engagement going to be for those residents because flood insurance isn't cheap., and I don't want to catch residents off guard.

Like they might say yes to a thing and not really understand the consequences of even if it's better, but there's still a financial consequence for them. >> Yeah., so Carl Clausna, senior planner, our implementation strategy for the small area plan is similar to the comprehensive plan. These actions are going to be rolled into our big spreadsheet of actions that we're looking at. I think with that feedback, particularly as we're putting together the the work work program for the planning department to think about in the coming year, we can certainly look at that and see if that's something that should be prioritized to looked at first. There are other departments that I think it's important to coordinate with that. I've spoke to formerly public works, now streets and environments. I believe the storm water division basically who had believes that they have detailed analysis or the beginning of detailed analysis to start to get an understanding of what the flood risk truly is in those areas. So collaboration with them would be really important.

>> Thank you. And I look forward to that to bringing that back to us. And then I think you answered my one question on public land on the paper streets piece with the closing of alleyways. What can we expect on that timeline with engagement of residents? Yeah. So, this is back in 2006, city council actually approved an item to close a number of the paper streets in Walltown. What is required as part of that is a surveyor to actually survey the land and to show on a map that those areas, the ones that are appropriate to be closed.

So, I think similarly, this is a pretty high priority one that we've heard from residents. There are folks who have trees and other things that are in the sort of no man's land area that's very frustrating. So, again, I think that's something we can prioritize looking at the work program or a budget request to get that rolling pretty quickly. >> Thank you. I just want to state up here that that is a priority for me as a council member if we're going to put these kinds of plans in place. The things that are actionable and and that we have to do, we have to do quickly. We can't wait several years to for those impacts to benefit residents. So, I just want to share that up here with colleagues. That's all. Thank you.

>> Thank you, Council Member Council Member Freeman. I think I saw your hand. >> Thank you. just want to thank you as well Carl and staff in the planning department and also just want to make sure that I do thank council member Nate Baker as a urban planner essentially donating support for a community to actually be able to do this but that's not sustainable and so I do want to make sure that we're keeping it on our council radar how this is going to work for other neighborhoods and who goes first and second and third because that'll that will matter. I do want to say I heard my mom always says you know you have two ears and one mouth.

I did I heard do not give you give our power away. I also heard the new UDO could be edited and applied and create injustice in it planning. I heard the equity integrity and accountability and we want to decide where Durham goes from here., I heard the on our own dime and time and I heard the collective ability to shape our neighborhoods through small area planning. And I want to say that I don't want to just hear it. I want to make sure that it's actually implemented in a way that's beneficial to the community, especially with the case that we had on Lakewood and how things turned out. It would have been great to have a small area plan in place to have this conversation so that the community is prepared for what's coming and they actually have some say so and what that should look like before a developer even submits an application. So I want to make sure that we're not waiting for just a work plan for this.

Conversation. I want to make sure that council is actually having a conversation as well and figuring out what that looks like. And then I I I want to tag on to council member Cavierro's comment and saying that the I know that Keep DM Beautiful leans in heavy on the space around, you know, cleanup and horiculture and all that, but I'm not sure for I guess for our city manager what that looks like in our new reorg and who's tagged with that.

And so I would love to figure out how to make sure that it doesn't become a dumping area because I noticed that in my own neighborhoods. And so I I it was just a thought to make sure that I I pinged. other than that, I do want to congratulate the Walltown neighborhood and I I mean also heard the solidarity with Hay Thai. And so I think that that's the way we should move forward and acknowledging that this work is done neighborhood by neighborhood. Each neighborhood has its own footprint, its own culture, its own historic significance to the city of Durham and we want to make sure that we're honoring it as best as we can. I know for the Walltown neighborhood, sitting with Miss Audrey and hearing her tell stories about how the city or how this piece of the city was planned and created based on Mr. Wall and his history as a as a a a black employee of Duke University. And so I I I want to make.

Sure that we're honoring that as much as we possibly can across the city and making sure we're not losing the history of our communities. Thank you. Thank you, council member. Council member Rrist, >> thank you member Tim., first of all, residents, again, thank you for coming out and the work you've done over the last year plus to develop this plan. U, amazing work. I think this is a great, tool for Durham. I do want to thank Council Baker. It seems like your hands are all over this. You've have been involved this from the very beginning., this work predates my time on council. I know as I was running this, this issue like we need to develop smart area plans was a conversation that came out of the comprehensive plan. So great to see the first one that's been developed and I look forward to more of these. for this one I do like the focus on the transit transit opportunity area especially this kind of notion of a regional oriented transit opportunity.

Area and focusing on that. I like the lifting up the 50-minute city concept the affordable retail affordable housing all those pieces are really complimentary. So great job. I support this 100%. I have two questions for staff. Also I I do want to thank Carl as well. Great job. I know it's your first presentation before the council. So thank you so much for your work on this both the whole small area plan but also your presentation tonight. So the first question is it seems as I was reading the plan I seem to recall there were there were more place type map changes suggested in the plan than have come to us tonight. Is that correct? And can you say more about that?

>> So there there are not any other place type map amendment changes. There are zoning map changes and the reason we aren't bringing those forward is because those are going to get rolled into the new UDO process. There are a couple of small parcels that basically we identified inconsistencies between what their current use is and what the place type map designation is for them and what their zoning is. So there are recommendations to align the zoning with the place type and the current use basically. But that we'll we'll staff will be rolling that into into the new UDO process.

>> Okay, great. Thanks for clarifying that. And then the second question is I like the work on the sort of paper street A and those two city lots that are right right adjacent to that right and thinking about potentially a park there. I guess my question as a recreation advisory committee member is have you talked to DPR because you know we just passed earlier this year this large parks comprehensive plan which does talk about a policy. It's either in the plan or we adopted separately a policy for accepting new parks because of course as our DPR grows you know and we have add new parks we also have to maintain those. So, I'm just curious if you had a conversation with DPR about how this might fit in with their plan for their comprehensive plan for 10 years of growing the the parks and recck department.

>> Yeah, absolutely. I have been in conversation with them., there's a task force currently that's looking at paper streets across the city that has representatives from a number of groups in including DPR., so there's excitement about innovative use for that property. I'll also mention something I didn't mention, the Office of Performance and Innovation has a Bloomberg grant. That's the Love Your Block program. They selected I was lucky enough to collaborate with them over like the last six months or so. they selected Walltown as their first area and that Sprunt paper street and those lots were actually one of the projects that were identified for preliminarily some funding which is exciting for me as a planner because it's not something that would be happening you know sometime even in the short future but something they'd they'd be talking about really implementing looking at if are there beautifification or conversations that can happen among people. So there's that stat about 500 pounds of trash being removed that was as a result of cleanup activities that had been.

Associated with that just in the last couple of months. >> Great. Thank you for clarifying. >> Thank you council member colleagues. Anyone else before I end my comments? All right. Council member Cook, did you have anything? All right. Thank you all so much neighbors and friends for coming out and colleagues for your your wonderful comments. I'm going to be supporting this small area plan tonight, but I I want to be very clear on what we're voting on tonight and what actually this entails. I think it was you Miss Kesler, and forgive me for singling you out, but you were at the microphone who asked the question, what happens if developers don't want to comport with this plan and want to do what they want? What can we do? Nothing.

And we need to be very clear about that. What this is that we're voting for., Walltown in 1990 was 60% black. It's now 60% white, which is not a and that's not a problem. But you need to understand that the folk who participate in the small area plan conversation are the folk who participate in the small area plan conversation. So, I want to be clear what we're voting on. We are not addressing the the injustices of the population that used to comprise Walltown. They don't live there anymore.

That that hat is a different conversation. Walltown's composition is not what it used to be. So for folk who say that the area is gentrified, you need to understand that many of the people you're calling gentrifiers are part of this comprising this plan. And that's that's that's not a bad thing. But we just need to understand that that's who's comprising the plan. The most successful small area plans in our country are successful to Miss Kesler's question because everyone is at the table. What makes the the land owners in the discussion compliant and and more supple to doing what's in the plan is because they were part of the plan. If if you call them racist and kick them out, but they still own the land and you comprise the plan, we will ultimately run into what you've talked about, and that is if they don't agree with the plan, what can we do? I want to tell you what we can do as a government.

Because if if you believe that we can tell other people what to do with their money and their land, then then what do you think we can do with our own money? With our own land as a government. If you think that we have the power to do that, you should be asking us for reparations at we we can't make the developers do what they want to do with their money, but we have the power over our own purse strings. So plans come and go. Plans depending upon who's sitting in the seat are as effective as the people you elect to follow them. and the notion that that the UDO will do violence to this plan.

Let us remember the UDO is being informed by a comprehensive plan which was drawn from the community. The future place type map was drawn from the community. So we can't act like one section of the community is at war with the rest of the city. That that that's an inappropriate conflation. What we need to be asking for if we want to make sure that we get what we want is some money in in in the Favville Street corridor. We just passed $10 million which is a I hope is a down payment.

If you think we have the power to tell other people what to do with their money, tell us what to do with our own money. Organize and ask us to pour millions of dollars into hat, millions of dollars into Fateville Street. I want I want every African-American person that's concerned about small area plan or any historic neighborhood in this town to know that plans have no ordinance or or legislative power behind them. Get the money. Get the money for business incubation. Get the money for beautifification. Get the money to build capital. Get the money so our business owners can can can participate in the supply chain. I'm voting for this small area plan, but let us be clear. This the folk who we wanted to rescue don't live there anymore. The neighborhoods that still are are retain the character, we need to be talking about more than just plans. We need to be talking about millions of dollars. So, if we're going to flex on developers with their money.

And their land, flex on us with our money. It's your money. You We already have your money in your taxes, in our checkbook. So, so flex on council members to come to us and say, "Let's pass a historic groundbreaking municipal level reparations plan. Tell us what to do with our money." I'm going to support this small area plan. Congratulations to all of you who organized and who pushed it. But I hope that we will moving forward understand to Miss Kesler's well-placed question.

We can't tell land owners what to do any more than we can come to your house and tell you what furniture to put in there or what lawn furniture to put or or how to paint your house or your deck. You don't want us doing that. and until that changes, we need to be real about the lay of the land. Get the money and start with the money that you already own, which we have the checkbook, too. Thank you. This u public hearing is officially closed., and the matter is back before the council.

With that, colleagues, I'm going to inter entertain a motion to adopt a resolution amending the Durham comprehensive plan to include the Walltown small area plan. >> Unreadiness. I just want to make sure that we're clear. I just want to make sure I'm clear on which motion council member Baker was talking about. It was the first second. >> I'll just make I'll just make a a motion to amend that motion. >> The first one. >> Yeah. So, we can vote on that and then we can vote.

>> Yeah. >> So, I'm going to make a motion to amend the motion that was just made to include the language in order for Durham residents and elected officials to retain their power in the malls redevelopment. The limitations of the current zoning at Northgate, including height limits and not allowing research and development should remain in place until a resoning application is submitted by a developer. So, we will just vote on that motion and then if I'm correct, we'll vote on the small area plan.

>> Well, no, we'll proceed this way. The motion hasn't been seconded yet, so it's it's not a live motion yet. Well, I've put a motion on the floor. We've had a motion. When we get a second, if a colleague wants to propose an amendment to it, then we'll hear it then. >> Second. >> So, who who who moved it? >> You who moved the motion when I called for it? Just let let me let me do it again. Well, let's let's do it again.

Let's do it again. We've received a presentation. I'll entertain a motion to adopt a resolution amending the Durham comprehensive plan to include the Walltown small area plan. >> So moved. >> Second. >> I hear a motion in the second.

Council member Baker, you want to propose your motion at this fine? We have a live motion now. Same motion. In order for Durham residents and elected officials to retain their power in the malls redevelopment, the limitations of the current zoning at Northgate, including height limits and not allowing research and development should remain in place until a reszoning application submitted by a developer, and that would just at staff's discretion be included somewhere in the in the small area plan.

>> I would make a motion to accept a friendly >> I can't hear you. >> I would accept a friendly amendment. >> Well, it's not Yeah, it's not a friendly amendment. It's a It's a second >> vote on >> I haven't heard a second. >> I think that Okay, I'll second that. >> Okay, >> this is for the the new langu or the language to be added to the to the motion. Is that correct? >> This is a second for council member Baker's motion to amend the motion that's currently on the floor.

>> That is the second that I would like to put on the floor. >> Okay. I have a question. Council member Caviier. >> Thank you., I'm just perplexed. So, we have a a motion and a second to adopt the resolution amending comprehensive plan and then we have a additional motion. Is this a friendly amendment to that? >> We we we have a live motion and we have a a secondary motion to amend that first motion. After discussion, I will entertain a vote on the motion to amend the prior motion. If that fails, then the motion that's live will stand as is.

If it passes, then we will amend the primary motion. >> Okay. The the language that council member Baker is suggesting has not been sent to this council at all. Usually things like this would be routed through JCCPC. We have a joint city county department. My assumption would also be Board of County Commissioners have to vote on the small area plan because it changes the comprehensive plan and I do not. Okay, that's good. Okay, because I was like there's other folks who have to do this or look at this, but I'm getting ahead.

I'm not comfortable adding that. this was a lot of work that planning staff did. There's a process that people get to look at and that's at JCCPC. There's reasons for that. It allows folks to it is iterative and so I'm not comfortable adding this the the motion from Council Member Baker. Thank you. >> Thank you, Council. Anyone else? Council member Freeman, I yield. >> I would just ask if he could repeat the language one more time. Madame Clerk, would you or Madam Attorney, would you read the or or Nate, somebody read read the language of the >> Yeah, I'll read it. And this was proposed by a member of the community.

We received an email about it. the the language that was requested is in order for Durham residents and elected officials to retain their power in the malls redevelopment, the limitations of the current zoning at Northgate, including height limits and not allowing research and development should remain in place until a resoning application is submitted by a developer. >> Thank you. C Hold on. Councilman Freeman, did you finish? >> Yeah, thank you. I was just trying to make sure I understood because I I do believe that it had been surfaced through the community and so I would be supportive. Thank you, >> Coun Council member Ris.

>> So, did these emails come in? This is this afternoon. What? This email came in this weekend, today, this morning, this afternoon. If I can ask the community member who submitted the the the request, Brandon Williams, if you want to speak at all to the language. >> Hold on. Thank the public hearing is closed, but I No, I will extend the courtesy to my colleague and and invite you up, but I I I do want to be clear the public hearing has been closed.

We're debating a live motion. >> Yes. Thank you. Just just a clarification, email was written comments could be submitted by 2 p.m. Today. There was a written comment that was submitted that had this specific request in it. So that's that's that's the clarification. Thank you. >> Okay. I think I did. So that was I think you said yeah, the clerk said that was Yeah, that came this afternoon. Okay. So we did receive those late in the day., so I'm just trying to understand so what so the the spirit of your motion is that you want to keep the same zoning designations that are currently in the UDO, they would apply even after we pass the new UDO. The same zoning designations would still apply. Is that what I'm just trying to understand this the what what you're trying to do with the motion.

The spirit of the the spirit of the motion is to ensure that we are not substantially increasing the heights that can be allowed on the site and the uses that can be allowed on the site simply to ensure that that there that we retain negotiation power. >> But how would we be changing? You're saying that would be in the new UDO. So you're saying >> it nothing would be in the new UDO. This would just be a recommendation in the plan itself.

>> I still I'm still confused. >> All right. Yes, Council Member Cabier. >> Thank you. I appreciate the the language. The the point is that this is an advisory document and I feel like we're getting into regulatory language when we start talking about height restrictions and things like that. And so I think that that the point of the UDO rewrite is to talk about those regulations. This is a a amendment not amendment an adjacent document, a more fleshed out document that aligns with our comprehensive plan.

Also a plan that is not regulatory. And so I very much am concerned with adding what I perceive to be regulatory language into a document that does not actually have it's up to us, the seven folks up here to honor the comprehensive plan or not. and sometimes we don't, right? Because there's a reasonzoning that we were like, "Oh yeah, that makes sense to change that place type a little bit or whatnot." we've all literally all seven of us have made that decision sometimes to say, "Oh yeah, the comp plan calls for this. I understand why this reszoning application may not align 100% in that way." And so that is our guiding document. My understanding of the small area plan and this is why I do question whether it's a slippery slope to that horrible thing, the neighborhood protection overlay, right?

Like is this just a new neighborhood protection overlay? We're just going to use a new term where it's where people get to create their little essentially in urban communities, gated communities, and and dictate and it impacts supply. And so we have a UDO rewrite underway that has its own very in-depth engagement process. It's been going for over a year now. And so that is the process that people need to engage with if they want to get into regulatory language that is attached to zoning. That's all. Thank you, >> Council Member Freeman, please.

>> Just a question for staff. If it's in the small if it's in the UDO, would that impact all of the developments versus if it's in the small area like planning, it would impact this one area of development? Like, wouldn't it make sense to just kind of direct it where it needs to go? Like, where you're trying to pres pro protect and preserve the cultural history in the community? Like, that would make sense, right? >> Good evening. Sarah Young with the planning department. yes, something in the plan specifically would apply only to the geographic area. Okay.

>> However, I wanted to add a little bit of context that as written, that wording is problematic because the new UDO, the districts will not be the same as the districts we have today. And so through the UDO, we can work to find what the most appropriate district should be. But as worded, that seems to lock in today's zoning, which is just not going to be possible based on how the draft districts are created right now. >> That was my question. So it like locks council member.

>> I'm sorry. I'm sorry. Go ahead. Go >> ahead. Just councilman. >> Sorry. I So I just want to say so what you're saying is in the current UDO that zoning is changed. >> Correct. the zoning that exists today, all the zoning districts are changing. Their names are changing., some of their permitted uses and development standards are changing. So, there will not be a district in the future that exactly matches districts that are in place today on this site.

>> And it won't be for one to we can work to find the closest match through that project. And a one for one would be like a RS5 becomes a >> R what is it? RD. Yeah, >> RD. >> RD. >> Okay. And RD just flat. No, no height restriction or anything. >> So no, RD is a residential district. So this site is in the place type map. It's a transit opportunity area. So it would not get residential only zoning in order to comply with a comprehensive plan place type map. It would be a mixeduse type zoning. There are a number of those possible district options and that's what we would work through through the UDO rewrite process >> and those possible district because what I'm hearing the community say is they're concerned about height and if this small area is moved to RD what is the height that would give to any development.

So right now in the UDO it is not RD it is CX5 which is five stories. There are other mixeduse options with different heights that are a possibility that we could look at. >> Okay. >> Thank you. >> Thank Thank you, Council Member. Council member Ritz, did you >> So again, so Miss Young, if you So it's so you're in and I just want to make sure I'm clear. So like the spirit of this is to kind of lock in the zoning that currently is in place even after the UDO would be passed. So that that's is that what's the sphere of this is that's what I understand that's your interpretation.

I'm just trying to get a sense of what like what this is trying to accomplish. >> Yeah. My understanding is that the intent with this proposal is to ensure that the site is not upzoned to a degree where that through the new UDO they could do by development and therefore kind of render the small area plan moot because the it wouldn't have to come before council for a reason. Thank you. Thank you, colleague. Anyone else? Council member Baker.

>> Yeah, I think the the spirit of the conversation is clear. I think the conversation is clear and I I hope that we can I hope that staff can work closely with with the neighborhood to ensure that the appropriate action is taken. but I'm going to pull I'm going to pull the motion. >> All right. motion is withdrawn by council member Baker. The motion however did have a second and when you have a live motion it's no longer just the sole property of the of the person who who proposed it. in this case I'm going to exercise the prerogative of the chair who seconded the motion. Are you are you are you okay with him withdrawing it? All right.

>> Yes. >> Then we won't vote on the withdrawal. We we'll honor our colleagues desire to withdraw. I'm going to restate, well, the original motion is still live., let me restate it just for the record. To adopt a resolution amending the Durham comprehensive plan to include the Walltown small area plan. It's already been moved and a second. Madam Clerk, would you please open the vote? Please close the vote and report out.

>> Motion passes unanimously. All right. I'll also now at this time entert entertain them. >> Mine didn't get recorded, did it? >> I'm sorry. >> It didn't get recorded. Can I'm sorry, Madam Clerk, if you could I thought I clicked the yes button, so it must not gone through. >> All right. If you don't vote, it's an automated yes. >> Pardon me. >> If there's no vote. >> Yeah, but I just wanted that one to be recorded as a yes, but yeah. Thank you.

>> We got you. motion to adopt a I'll entertain a motion to adopt a resolution amending the Durham comprehensive plan as shown in attachment C by taking properties out of the established residential and neighborhood service area place types and establishing them into the recreation and open space and community institution place types. >> So move second. >> I have a motion in the second. Madam clerk, would you please open the vote? >> Did you vote? Man, you good? All right. Please close the vote and report out.

>> The motion passes six to zero. >> All right. Thank you so much. Item 22 is discharged. Thank you so much residents and friends who came to speak on this matter. we will move on now to item number 23, zoning map change, Fagatville Flats. I'm going to offici I'm going to I'm going I'm going to officially declare this public hearing open. I'm going to officially declare this public hearing open. And you have >> Excuse me. >> You're out of order, ma'am. Madam, we'll receive the staff report on item number 23. Thank you. The public hearing is open.

>> Mayor Prom Middleton and honorable council members, good evening. I am Payton Burgess with the Planning and Development Department, and I am happy to be here with you tonight. A request for a zoning map change has been received from Not a known name to correct of Morning Star Law Group for one parcel of land. >> Suspend for just a moment until we.

All right. Thank you. Let's continue. A request for a zoning map change has been received from Not a known name to correct of Morning Star Law Group for one parcel of land totaling 9.77 acres and located at 3707 Fagetville Street. The current zoning is residential urban 5. The applicant proposes to change this designation to plan development residential 22.449. The applicant is proposing to reszone the property to allow up to 220 income restricted multif family units. The properties are currently designated apartment and townhouse neighborhood on the place type map. The proposed PDR 22.449 zoning is generally consistent with the designated place type. Thank you. Staff and the applicant are available for any questions.

>> Thank you very much. At this time, I'll yield to my colleagues for any questions of staff. >> All right. This public hearing is open. Mr. Not a known name to correct, you're representing the applicant. How much time do you think you'll need? >> Three minutes or something like that. >> Please place five minutes on the clock. >> And thank you, Miss Burges, for your presentation. Good evening, Mayor President Middleton, members of the city council. My name is Neil Go. I'm an attorney at the Morning Star Law Group at 700 West Main Street in Durham. I'm representing the applicant for this project, which is the Elmington Capital Group. And also with me tonight is M Mr.

Joe Horowitz with Elmington., this is an affordable housing project. My clients intend to utilize a LITC program to deliver a high quality multif family development on the site. This will be up to 220 apartment units AC across multiple buildings on just under 10 acres. and it's adjacent to Hillside High School. the proposed project is consistent with the play site map which calls for apartments or town homes on this site. It's an infill development conveniently located between two stops of an active existing transit route.

In addition to all that, Elmington has made some really strong commitments and wise decisions to bring this project into further conformance with the comp plant. They have limited the amount of imperous surface coverage. They have committed to using native plants and green building techniques. They've even committed to a bus stop even though there are two within walking distance of the site. And that's another great factor here. The site itself is walkable and is located near transit, schools and institutional uses, public parks, the at greenway, commercial, and more. I think many of you know that I grew up in this section of Durham and I still live there today. I actually can walk to the site from my house using sidewalks and the AT almost entirely, like the whole way. So, it's, this is pretty well-connected and walkable site. And the cherry on top is that they believe they can deliver this project without any subsidy from the city or county. Now, they would gladly take it if it's available, but.

When they first approached me about the project, I explained to them that I did not think the city or county had any significant funds to help with this project on account of the ARPA money and the affordable housing bond money having already been awarded at that time. So, they're coming into this project with eyes wide open and believe they can deliver it and have high hopes to do so. frankly, I hope I can find more sites for these guys. This is a really great project. The planning commission supported it with an enthusiastic unanimous recommendation of approval. I hope you all will feel similarly about the project and I'll be happy to try to answer any questions you may have.

>> Thank you. >> Thank you, Mr. Not a known name to correct. I don't have any speakers signed up, but this is a public hearing. Is there anyone in the room or online who'd like to speak on this item that is not spoken? Please,. If you'll just state your name, you'll have three minutes. Good to see you. Thank you for being with us. Anita Scott Neville native of Durham and I did in fact grow up in this area that you're referring to., I've never heard it referred to as Fedville Flats. And my concern because of input from others who, like me, have grown up there and who live in that neighborhood. I've heard about this project from current residents and I've also heard about their concerns. I don't see any of those individuals here tonight. maybe like me, they didn't know what Favville Flats meant. If if there's history in community engagement with current residents where you've referred to it as Fedville Flats, then I accept that. But if not, I guess my concern.

Is this is something you're going to vote on tonight. My concern is that there be representation here from individuals who have expressed concern about the density, the change in the traffic patterns and as the gentleman said, it is adjacent to Hillside High School. what studies have been done to look into residual impact of the current census at Hillside and being able to serve families in this 220 apartment site. I just stand up to raise those concerns and if there is space to make sure that those who currently live in this area now are aware of this action before a final decision is made.

I didn't have a prep prepared., I didn't come prepared, but as I'm listening tonight, I just felt compelled to place this in your thinking and consideration. >> Thank you. >> Thank you so much for being with us. I'm going to declare declare this public hearing, close the matters back before the council. I'll yield now to my colleagues on Deas for any questions or comments. >> Thank you. Council member Cook, >>, Attorney Gos, is there a, I believe that I read it in and now I can't find it, but is there a donation to the Durham Public Schools?

>>, there is. Yes. I don't recall the amount. >> $9,000. Does that sound right? >> I'm sorry. >> Does it Does $9,000 sound right to you? I can't find it, but I know that I read it. >> That sounds right. Yes. >> Okay. $500 per student. That is that >> per student that additional student that was calculated in the staff report. Okay, thank you., yeah, I don't know why I can't find it, but >> use my search feature later., those are all my questions. I just want to >> It is $9,000 just to >> Thank you. Thank you, Miss Burgess.

Okay, great., I just want to say that, I appreciate you coming forward with this infill project., this is the 100% affordability that I'm looking for up here and I just want to say my thanks for bringing a project like this in front of us., even though I think that everyone knew that affordability would be a popular thing up here, y'all went the extra step and did that, donation to the public schools and, the bus shelter. And so, I just want to say thank you and I will be supporting this project tonight.

>> Thank you, council member. Colleagues, council member Maris, please. >> I want to echo echo council member Cook and thank the applicant. We talk a lot on this council about housing and and the need for affordable housing. This is an infill project, 100% income restricted. You've also given us limited impervious as well as the bus stop. This is a model infill project. I'm excited to support this. Thank you very much. >> Thank you, Council Member Freeman, please. >> Thank you. And I would just echo my colleagues. It's a great project, but I would ask just based on the comment that was made if you wanted to address the community engagement and the level or whether or not there was some space for any conversations additionally.

>> Sure. Yeah, we had well, we had two neighborhood meetings and I could not tell you although I think it's in the staff report how how many people attended each. In addition to that, we actually had direct conversations with folks from DPS as we're adjacent to Hillside High School. We did have a representative from the church at our second neighborhood meeting, but we had not and despite our efforts had not been able to have further conversations with them. That having been said, when we started this project, there was an error in the tax maps. There's a a playground that the church uses and it was shown as part of this parcel and we on our own effort decid we worked with the tax office to get that corrected.

The seller actually had given that area over to the church prior to us prior to Elington having conversation with the seller. So we you know we took it upon ourselves to correct that in the tax record so there wouldn't be an issue because it was it was displayed incorrectly. on the tax map. So, you know, there was community engagement and for what it's worth, the project has been called Fville Flats the entire time. >> Thank you. I appreciate the additional comments.

>> Thank you, Council Member. Council member Ris, did you have Council Member Caviar? >> I'll be brief. I just want to say thank you for the project. It's great. And also, thank you for using a 4% LITC and not asking for city subsidy. Appreciate that. Thank you. Did alter everything. All right, colleagues. With that, I'll entertain a motion to adopt an ordinance amending the unified development ordinance by taking property out of residential urban 5 and establishing the same as planned development residential 22.449. >> So moved.

>> Second. >> I have a motion in the second. Madam clerk, would you please open the vote? >> Please close the vote and report out. >> Motion passes unanimously. >> All right. Next, I'll entertain a motion to adopt a consistency consistency statement as required by NCGS section 160D-605. >> Move consistency. >> Second. >> I hear a proper motion in a second. Please open the vote. Please close the vote and report out. >> Motion passes unanimously. >> Thank you. Item number 23 is discharged.

We'll move on now to item number 24, zoning map change, 4218 South Alustin Avenue. This is a public hearing. I'm officially declaring this public hearing open and we'll yield to the staff for their report. Good evening. >> Good evening, Mayor Prom Middleton and honorable council members. I am Payton Burgess with the Planning and Development Department and I am happy to be here with you tonight. A request for a zoning map change has been received from Not a known name to correct of Thomas and Hutton for four parcels of land totaling 4.83 83 acres and located at 4212, 4214, 4216, 4218, and 4302 South Holston Avenue. The current zoning is residential urban 52 and office and institutional. The applicant proposes to change this designation to plan development residential 41.408.

The applicant is proposing to reszone the properties to allow up to 200 apartment units. The properties are currently designated general industrial on the place type map. The proposed PDR41.48 zoning is generally inconsistent with the designated place type. If the proposed zoning is approved, staff recommends a change to the place type map to designate the property as apartment and townhouse neighborhood. Thank you. Staff and the applicant are available for any questions. >> Thank you so much. Colleagues, I'll yield now for any questions or comments to staff about this matter.

All right. Seeing none, I welcome Mr. Juel, who's representing the applicant. Sir, how much time do you think you need? >> Three minutes. Please place five minutes on the clock, Madam Clerk. Thank you. Good evening. >> All right. Thank you. good evening, mayor, members of the council. I am Dan Juel, landscape architect with the Durham office of Thomasson and Hutton. My associate, Jeremy Anderson, is with me here this evening. we're at 2510 Meridian Parkway and I reside at 1025 Gloria Avenue. We've been assisting our client Dermite Holdings with this proposed residential resoning. you've had a fairly lively agenda tonight, so I will be very brief. we feel that this proposal will very much help Durham keep up with the ever growing demand for housing and in particular affordable and workforce housing. You can see from our text commitments 40% of the units will be income restricted at 60% of area median income and we will not be pursuing any city funding for this project relative to financing. in.

Addition, we will be making a payment of $15,000 to Durham Public Schools prior to the issuance of the first certificate of compliance and we're committing to 80% of the required tree plantings being native species. I'll conclude now by asking that you follow the planning commission's lead and their very strong 12 to zero recommendation for approval and hope that you also can find in favor of this request. That concludes our presentation and thank you. >> Thank you very much. We have a few speakers. I believe they're all opponents and we have some online. I have the first speaker listed as Robin Odum. Madam Clerk, do you see Robin ODM?

If you'll make them accessible. Robin ODM, can you hear me? Robin, can you hear me? Mr. Mayor Prom, Miss ODM's not responding. >> All right. Sarah Moier.

Sarah Moier. >> Can you hear me? >> Yes, I can. Thank you. Good evening. Thank you for being with us. You'll have three minutes. >> Thank you. Good evening, council members. My name is Sarah Moer and I live in a historic 1928 home directly across from the proposed development. I'd like to provide you with local context regarding the historic neighborhood and the affordable housing element proposed. Many of my neighbors voices will be heard tonight for the first time in this process because we are not an organized body well positioned to advocate for our community. We are not wealthy in historic closed road neighborhood. We don't have HOAs and we're no Trinity Park. But that does not mean that our history can be ignored. The comprehensive plan's requirement to design Durham to Dur Durham's unique identity and reflect the nearby historical context was not addressed.

The development's location in historical neighborhood was not identified in the planning process, nor was it identified this parcel is directly adjacent to two historical homes. This development is proposed to be up to 80 feet tall, which translates to six to eight stories high. A massive modern architecture highdensity development is not appropriate for the historic Lowe's neighborhood. The single compelling element of this development proposal is undoubtedly the affordable housing it offers a vital need in Durham. Although it's tempting to see a portion of affordable housing in this development a move to approve, I ask the council to consider the following elements. The area where this overdevelopment is proposed is entirely absent of green spaces and community gathering spaces. I love living in my that it takes a good deal of privilege to do so. I don't have any local parks or green spaces nearby, but I have a large lot with a big yard that I garden.

Overdeveloping this small parcel to accommodate up to 200 units will leave no space for these residents to connect with nature, parks, or open space on that parcel or nearby. In addition to no access to green spaces or parks, residents here would face dangerous traffic conditions. Traffic is stopped multiple times every day in front of my house. But as someone with the privilege to work from home, I just don't go out. This is not a privilege that most of the hypothetical 800 plus residents trying to use this already dangerous, overburdened road would get to enjoy. Another privilege I have is access to vehicles. I do not rely on walking or public transportation to get where I need to go. The walk along Ol Avenue, down Carpenter Fletcher, and across the active railroad tracks to get to the nearest bus stop on Highway 55 is not a danger that I have to expose myself to. It is irresponsible to allow this high density of affordable housing in a location that is dangerous.

To walk, does not have sidewalks, and although the developer has offered to pay for it, there are no current or planned pedestrian connectivity to the nearest bus stop. Council women and council men, please do not shove affordable housing into a space where it will not provide a safe and high quality of life existence for our community members. Please do not allow this developer to overdevelop our historic neighborhood. And please vote no to this resoning request. Thank you. >> Thank you so much for being with us.

Christian Solless. >> Mr. Mayor Prom, Mr. Solless is not in the queue. >> Okay, I'm circling back around. Do you see Robin Odum? Not a known name to correct if you're watching us if you can hear me if you'll unmute.

>> Mr. Protown, Miss Odum has not responded. >> Okay. Thank you so much. Well, coming back in chamber, Fadi Aler, >> good evening. Thank you so much for being with you'll have three minutes. Thank you for being with us. >> Wait a minute. >> Good evening. >> My name is Fadi. I live at South Austin Avenue. >> If would you get a little closer to your microphone and make sure it's on. >> My name is Fatti. I live at South Austin Avenue. I'm here to u encourage the council to vote no on this resoning request for different like three primary reasons. First, Austin Avenue cannot safely support additional traffic.

Traffic congestion is already a daily issue along this stretch of Austin Avenue, especially near the Carpenter Fer intersection. residents routinely experience backups and accidents, difficulty entering or exiting their driveways. while the developer has proposed turn lanes, these minor improvements will not address the core problems which south which alert. Additional highdensity housing will worsen traffic, delay emergency response times for the many services that use this corridor and increase the frequency of accidents. second reason, there is insufficient pedestri connectivity. This area currently currently lacks sidewalks making it unsafe to walk along or avenue or to reach to the nearest bus stop on Highway 55. The developer has offered a partial sidewalk on an adjusted parcel, but the land owner declined and there are no concrete plans to complete a safe B train connection. approving a high density project particularly one with a high percentage of affordable housing without adequate business train infrastructure is irresponsible and unsafe.

Third reason here is the high density development is incomplete with the historic loss group neighborhood. Lo group is a historically rural agricultural community dating back to the late 1700s. The proposed development site sits directly beside the across the from the two preserved historic homes. the 1849 Colonial Revival Residence at 4208 South Alston Avenue and the 1928 Sanders family home at 4211 South Alston. A modern a modern high density complex would undermine the historic character and context of this neighborhood. The developer already has the ability under current zoning to build up to 38 multif family units on this parcel in a >> Mr. Thank you so much.

>> I encourage you I urge you to vote no for that. >> You're fine. Thank you so much for being with us this evening. Right. >> That's all of the speakers that I had that had pre-registered to speak. Mr. Juel, did you want to respond to anything?

Thank you for the opportunity. I'd simply like to say that every every new development proposal comes with some level of traffic in increase. It's just inevitable. the staff report does speak to the fact though that Alston Avenue is not at capacity and this project does not take it up to capacity. I know there's certainly a perception of the neighbors always that traffic is terrible and more traffic is is is going to be worth worse. We we respect that and we understand that. Lowe's is a historic neighborhood. it's become fractured over the years. The houses across the street are beautiful. They are. I I very much admire them and hope the folks that own them will continue to take care of them the way they have and can and and and they will remain.

But during all the comprehensive planning process over the years etc etc this site is slated for some type of redevelopment and we just hope that you will agree that the the ability to let us build up to 80 affordable units will will be a strong enough incentive to let this project go forward as opposed to say an industrial building which the current land use plan would show. So thank you for that >> Mr. Juul. Thank you so much. And and I ask for our neighbors apologies.

There is another speaker who has signed up. I'd like to welcome Mr. James Eekes. Mr. Thank you for being with us. Forgive me for the omission. You'll have three minutes. >> Good evening. Thank you. My name is Dr. Jim Akre. I'm speaking against the resoning. I've lived a mile away for 30 years in the Penri neighborhood and I opened my dental office next door to this site 20 years ago rebuilding the historic property at 4208 at South Austin Avenue. Since then, two large trucking hubs, FedEx and Southeastern, have come in less than a mile south of this property.

And the project seems to have added obviously they created a lot of traffic. this project seems to have added 40% lowincome housing, lower income housing to try to overcome the obvious traffic issues u with and access issues with this site. Morning commute time and much of late late afternoon noon commute is so crowded we frequently can't turn left. We actually stop our practice midafter afternoon so that staff can get out besides value valuing family time. But our business driveway next door we can't turn left and I don't know how these 200 u unit residents would be able to turn left. Carpenter Fletcher Road is one lot up from me and connects to Highway 55 and South Austin Avenue. It's about a tenth of a mile stretch and morning and evening. Frequently it's gridlocked both ways., and it stops traffic on South Austin Avenue and also impacts, Highway 55 traffic. There is no walking path to the bus stop down on Highway 55.

Have to walk across railroad tracks and high weeds to have a chance in two-lane road at the at the railroad crossing. In addition, you know, one of the associated schools over 100% capacity, but I know they're mitigating with with money. while great to add lowincome housing, lower income housing, you know, that positive, which I applaud and love, can't overcome a traffic and access issue. Currently, the great fire firefighters, Carbon Fletcher, half a mile away, wouldn't easily be able to reach these apartments because that two-lane road is gridlocked during several times of the day.

Recommendations. Don't approve this this as submitted. They're approved for 38 units if they want to lower the the density perhaps, but consider giving Southeastern and FedEx trucking hubs access to TWW Alexander. There's a very short window to TWW Alexander from their sites. restart the project to widen Carpenter Fletcher that was cancelled in 2020. it was giving bike lanes and other things but solve that intersection problem. Create access to city bus stop on Highway 55. So work out traffic, emergency vehicle access and bus access before adding 200 departments whether they're lower income or not. Thank you so much for your time.

>> Thank you Dr. Akre and forgive the name butchering. This is a public hearing. Is there anyone else in chambers with us that has not spoken on this item and wishes to speak? This is a public hearing. Seeing that, Mr. Juul, did you have anything else? All right. I'm going to officially declare this public hearing closed. The matter is back before the council. I yield to my honorable colleagues. Council member Cook. >> Thank you., Attorney Joel, I have some questions for you. Do you mind?

>> Okay., I you responded very briefly on the traffic study, but I was wondering if you could just say a little bit more about there was one that was done. Is that correct? no councilman, this is this the UN county is under the threshold of needing to do a traffic impact analysis, but there is a roadway capacity analysis that the city and DOT keep up with and that's in the staff report. >> Okay. >> could you speak to the community engagement that you did?

>> Yes, we had the the two required neighborhood meetings. one was held just before we submitted our zoning application oh a year ago and then the second was held about three or four weeks before the planning commission >> and in that in those two meetings did you all have conversations about the historic nature of the community >> I don't recall the historic nature coming up at all of those two neighborhood meetings the conversation was about traffic and traffic and maybe traffic. >>, did you have a conversation with staff around transit and connectivity potentially? Also, we just saw a project come before us with a bus shelter, so I'm just curious about if we talked about that at all.

>> So, our, you know, obviously we're doing the the 10- foot multi-use path along the front. we we had at the planning commission we had profered and we're still willing to do that funds to build there's there's one last property north of Dr. Ekker's property. He built a sidewalk years ago when he built his building. We will be tying into that. Of course, our sidewalk will be much wider than that. But there's a a several hundred foot stretch from the north end of his property up to the corner of Carpenter Fletcher and Alustin. Many of you may know there's actually a city initiated pedestrian improvement project going on right now on Carpenter Fletcher Fletcher that was started at Alston Avenue and go way way west. The intervening property though right ofway would need to be acquired and that property owner is actually using the area where the multi-use path would go for parking right now. So, we touched base., we got a pretty pretty strong no to that.

U, but I think we would we'd still be willing to put some money into a fund. I will make that a profer to pay pay for that sidewalk at whatever time is appropriate when that rightway could be acquired. >>, and then could you address the bus stop too? >>, any have not had a conversation about a bus stop. That would be a pretty strong profer. I know what bus stops cost. We've done them before. >> But no conversation around that. >> No. No.

>> any interest in doing 100% affordability instead of 40? >> no. Nice try. >> Just thought I'd ask. I >> any other night this would be a great project except Neil's project before us. So >> luck of the draw., what I did see is that there was a 20year limitation and we normally are seeing that for 30 years., can you speak to that or or were you are you willing to extend that out to the 30-year period? >> Can't do that right now. Our our our clients financing model his his banks and finance partners are looking for 20 years to start. That doesn't mean it won't be extended sometime in the future, but 20 years is is where we are.

Thanks for asking. Yeah. >>, what about public space? I heard some of the folks say that there's no green space in the area., any consideration about setting aside some public space or green space? >> There will be amenities within this community that will be for the members of the community, the folks that live in here. >> Yeah, >> that's not public. So, are >> No, it's not. >> Okay. Any interest in having public space on this property?

>> It's way too small a site for that. It really is. Okay, those are my questions for now. Thank you. >> Thank you, council member. Council member Baker, >> just a just a quick question for staff. And can you just let me know because this is obviously place type map is first of all 40% affordable is is a is a an amount that we don't typically see. So I want to acknowledge that. this is a industrial on the place type map.

From the staff's pers perspective and analysis and looking at at this, is there any concern about losing industrial land? That's I know that's one of those kind of it's not currently industrial. It's single family homes on that property today. Obviously, at some point there was a decision to to for to envision this area as as industrial. Obviously, there's a lot of kind of dispersed industrial in that area. Light industrial for the most part but not entirely. So could you just let me know kind of what has been staff analysis and thinking around industrial you know and obviously we know the historic n the the historic nature of industrial and affordable housing concern I'm not sure this is directly adjacent to kind of heavy industrial that that would create that concern but what do you what was staff's analysis around losing some industrial and converting this in the context of it being sort of close to a transit opportunity area and everything else.

>> Yeah, I think on a case-byase basis, staff has really been leaning into the industrial land use study and for this site it was a part of the study and it was not one of the identified recommended areas for industrial uses. A lot of those parcels are nearby. but this site specifically was not identified in that study as being ideal for industrial use. >> Okay. Awesome. And then if the reasoning happens, the place site map changes and then there is still a sliver of industrial to the north of this.

Would we just go ahead and leave that or or would staff look at that as potentially changing it to?, I'm sure that could be considered as a part of the the new UDO process, but there's not currently a petition to have that changed right now. No. >> All right. Thank you. >> Thank you. >> Thank you, council member, colleagues. Anyone else? Council member wrist, I'm sorry. Council member, will you council member wrist? Go ahead, please. >> Thank you, Mayor Tim. Thank you, Mr.

Juul., yeah, this is a really interesting project and again, as you said on any other night, your 40% of offer of housing would be amazing compared to Nils thing. But I again, I want to thank you for the 40% affordable. It's a strong offer there in this kind of infill project. I appreciate the additional profers you've made since the planning commission and also the profer tonight for the sidewalk piece. I actually drove by there today. And this is like this is sort of like you know no zoning case is perfect, right? And this is example of that. Like you're maybe a quarter of mile from the transit that's right there on on Olson Avenue, right? It's just it's right there. And yet yeah, Dr. Acres property, the beautiful sidewalk in front of your property, you'd connect to that. But it's that parcel right around the corner that it's like it's almost like a gravel. It's a gravel lot, right?

So appreciate >> it's a parking lot. >> Parking lot. Yeah. So appreciate your offer of of of funds to help support a sidewalk if we can get that right away. And then there's also that tricky little admittedly tricky kind of walk along Carpenter Fletcher, which has steep sort of like ditches on either side to get the railway. So it's it's so close to transit, but yet it's a it's a with difficulty you would get there. So, I appreciate your offer to to to to additionally fund for sidewalks if we can get the right away. again, it's it's nothing's perfect, but this is a pretty strong offer of affordable housing and housing in an area, frankly, that's not that far from I recognize there's industrial uses around that area. you're also not that far from the Southwest Regional Library, right?

So, there's there's a lot happening in that area. I think it's to me, you you cross a threshold. I support this project and want to thank you for bringing it forward. Thank you, Council Council Member Freeman. >> Thank you. I just want to check in with staff and just regards to how property or area is noted in our staff reports. You don't include whether it's historic or anything in the in the staff reports anymore. >> Yes, we do. it is if there is a historic structure on the property that's identified by the NC state historic preservation office, then that will be included., if it's not if it's not on the site, then we just don't include that bit on there.

>> What I would what I want to hold intention is that it's hard to tell the story of stolen land and enslaved people without acknowledging land ownership given by the king in 1700s. And so I just want to make sure we're not losing that part of history as well. And so we're making sure we're identifying where those things are happening where those things happened and we don't lose that context moving forward. So it would be good to just make sure we're including when there's a historic neighborhood nearby whether the structures on the property or not.

Just making sure we don't lose that piece. And then I would say that the 40% is phenomenal. I am a little concerned about the open space and so is there any context that the staff could share on how they assess what open space is nearby? I know we're talking about 15inute cities. This is a huge, you know, increase in the number of residents that would be using not just the roads but just the walkways. How are we making sure that we're aligning that?

I I know there's a process is what I'm getting at. Can you share more about how that works? >> Yes, absolutely., so one of the things that we look at, especially, and I'm trying to find the exact policy number, but it is that sites are within a 15minute walk to a park. And so when you're talking about the the publicly accessible open space, that policy and the comprehensive plan is in our comprehensive plan consistency review., so you can see in there whether that policy is met or not. So that's how we're kind of identifying that access. I know two more., so in addition to that, for the industrial or for the industrial zoning that it currently is, what's the height that would be in place for that?

>> That is a good question. Let me look really quickly. >> As much as I would love to have the the UDO memorized, I'm not quite there yet. >> Give it time. You will.

All right. It looks like for the RU52 portion that maximum height would be 40 feet. And is that facing the historic structures across the street or >> I'm sorry, what do you mean? >> So just trying to get context on where the current zoning is and what the height could be just by right with the industrial. >> Yeah, absolutely. so if you'll see in the packet on the zoning context map the current zoning which is primarily the residential urban 52 which I I just read the height maximum for goes up to South Alustin avenue and the other zoning is just kind of a small sliver on the outside that faces the adjacent property not across the street. Okay.

>> So yes that zoning would be applied all the way up to South Austin Avenue >> and that height would be >> and that was 40 feet. >> Okay. And so 40 feet that's would be essentially where an industrial building would be. And Mr. Juul, if you could help me out with the this project here, what's the height that you would have? >> We have u a committed element of maximum of 80 feet. >> Okay. And so you're doubling the height and >> committing to the 40% affordable housing. And I want to say that that's a pretty good tradeoff.

U it's hard to I just want to make sure that that is held in tension and acknowledging like this case is not something to be like all cases are different. Some folks will try to say that every case is the same and some folks will try to say that you know they look at everything the same way. I want to say that with this specific case that the the fact that this is 40% does raise the level of kind of well what what what else is going on in the area. But the the my my one concern is and acknowledging that the there's the lack of open space that will be provided for the residents around once this space is gone. And then also the fact that if there is no historic designation how How do you tell this story? And so I'm trying trying to navigate that that in my own mind. But yeah, I think for now that's all the questions I really have. No, one more.

For the tracking side on the 20 years. Who is actually covering that? I know it's come up before. Has there been a process identified in community? Well, it's a new department. So what does that look like? So we know in 20 years, what is this 25? So, in 45, who's tracking whether they've kept affordable housing in place? >>, that is a great question. And as far as the specifics on that, I'm actually going to turn it over to Sarah Young, planning director. >> Thank you.

>> Good evening. That is tracked by the Housing and Neighborhood Services Department. I'm trying to get the name right. they are the ones who follow up with folks. They're the ones that receive the annual certifications and keep track of these things for the life of the commitment. >> Thank you. >> And I will say that this process has gotten so much better so much better than it has been in the past. And even though you're not doing 30 years, I'm I'm okay. So talk to me a little bit more about the walking path.

Mr. Jewel.

So, we don't have a map up, but as you go north from this property, you run into the dentist office that was built several years ago, and it has a sidewalk in front. It's not a 10 foot sidewalk, but it does have a sidewalk. And then there's one more parcel between the end of that sidewalk and Carpenter Fletcher Road where the city will be doing those improvements. So that's the that's the missing link. That's the gap that would allow somebody to walk safely on a sidewalk all the way over to NC55 and access the public transportation route over there because there are bus stops at the opposite corners of Carpenter Fletcher and and 55. And I know that because that's a few hundred yards from my office and I drive by it two or three times a day.

>> Thank you. And just another follow-up question for staff., and it may not be you in planning. I'm thinking whomever is identifying our comm our capital improvement projects. Is Carpenter Fletcher Road in our current lineup for capital improvement projects in the coming year or the next year? In the next five years, I know that we're we're planning out. So, and in the staff report, it, explains that the, Carpenter Fletcher Road, from Woodcraftoft Parkway to Olston Avenue is a part of the city of Durham's Southwest 44D project., I'm not sure what the fiscal year, the timeline is on that.

I would have to check with transportation staff. >> Is there is transportation staff available? There is not currently right here. So transportation just a quick update since the reorg development review transportation is now under planning and development and so we can answer those questions. but things like CIP projects related to transportation, there is not representation here this evening for that. >> That's fine. Thank you. I would like to get followup though and I think the city manager said he will. Thank you.

>> Thank you council member Council Murice. >> Just to follow on that. So Miss Burgess, so so you said that project as you understand goes from Woodcraft Parkway on Carbon Fletcher towards 55, right? But doesn't cross 55. Is that do I understand that correctly? to this to the which is the where this project is, right? >> No, it doesn't. It goes up to South Holston. >> Oh, good. That that is great. Okay. Thank you. >> All right, Council Mavier, >> going to be brief. I will be supporting this project. I think that the area is changing over and I think adding residential, adding affordable helps us guide, you know, helps guide us to what we want to see. it is that there are some very, you know, lovely homes along that corridor, but there's a lot of other stuff along that corridor.

It is not very unified. and I know South Regional Library well. It's one of our early voting sites. It's one that's probably the highest volume other than maybe Main Library. So, I've driven that route many times over the years. And I always find it an interesting part of the city because you can see that transition and kind of, for lack of a better word, a little bit hodgepodge. And so I think that this type of development will hopefully start to create a through line for what we're seeing around there and then push us towards that connectivity piece that we're starting on car carpenter Fletcher but you know building down Alustin towards the school towards the library to towards those community spaces and that's going to be you know the city's burden to complete that and do that work., so I just wanted to say thank you for bringing the project and I'm glad that we have both projects like a ton of affordability and a lot of great profiters associated with them.

>> Council member Cook, >> Mr. Joel, I have one more question. Sorry. And I know that I asked you a lot of extras. I am excited about the 40% affordability. I would like to know though, are all of the financing partners is it all privately financed or are are y'all seeking any public subsidies or any tax incentives? >> I I don't know the exact makeup, but I do know that there will we they will not be seeking any funding from the city or county. they they think they probably may ask for lit financing, but I'm sure that would be the 40 the 4%, not the 9%.

Because you know the project you saw before those are the kind of projects that can get 9%. The other thing is it would score poorly for 9% because one of the things that dings you on the scorecard is being adjacent to railroad tracks. and we are adjacent to railroad tracks. Yes. No city funding, no county funding, possibly North Carolina Housing Finance Agency. >> Okay. But nothing's secured yet. So, at this moment, y'all are prepared to move forward with the financing or there is a pathway forward with the financing that's already been secured.

>> Yes. Yes. These these clients have done this before. >> Okay. We get a lot of people up here that say that they aren't able to increase the affordable profers due to financing. So, I just it's interesting to hear that y'all are able to do it for the 40% without having secured. >> We wouldn't have submitted the application if the wherewithal had not been there. >> Yes. Thank you so much. I will also be supporting this project tonight. Thank you, >> Mr. Joel. While you're up there, just one quick question and a clarific clarification from staff. the profer that you mentioned earlier regarding donating to sidewalks, was that a formal profer? And if so, how much was that?

>> Yes. we will we will profer the an agreed upon upon actual construction estimate amount to construct that sidewalk from the north end of Dr. Eker's property up to Carpenter Fletcher Road. We're not committing to using the $975 a lineal foot payment in Lou, which seems to be the rage at the moment, but we will come up with an actual construction cost working with a contractor., and that'll be the amount that we profer. And of course, that'll be worked out with the development services department.

>> Thank you. >> Clear enough? >> Good enough? >> Works for us. >> Thank you, colleagues. I think the planning commission got this one right. I'll be supporting it. I think that low-income people that live in apartments deserve to live in historic neighborhoods. I think it's one of the hallmarks of an enlightened US metropolis. With that, I will entertain a motion to adopt an ordinance amending the unified development ordinance by taking property out of residential urban 52 and office and institutional and establishing the same as planned development residential 41.408.

>> So moved. >> Second. I have a >> motion in a second. Madam Clerk, would you please open the vote? Please close the vote and report out. >> Motion passes unanimously. >> Thank you. At this time, I'll entertain a motion to adopt a consistency statement as required by NCGS section 160D-605. >> Move consistency. >> Second. >> A motion in the second. Madam Clerk, would you please open the vote? >> Please close the vote and report out. Motion passes unanimously.

>> Thank you. Item 24 is discharged. We will take a brief bio break. We will be back in session at 9:22.

Recording stopped.

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Friends, if you'll come to order. We're back in session. At this time, we will move forward with item our last item for the evening. Item number 25, zoning map change 303 US70 warehouse. This is a public hearing. I'm officially declaring this public hearing open and we'll receive our report from staff. >> Mayor Pro Tim Middleton and honorable council members. Good evening. I am still Peyton Burgess with the planning and development department and I am happy to be here with you tonight. A request for a zoning map change has been received from Katie Hamilton of Gander Development for one parcel of land totaling 10.25 acres and located at 303 US70 service road. The current zoning is residential suburban 8 and industrial light. The applicant proposes to change this designation to entirely industrial light. The applicant is proposing to reszone the property through a general reszoning to allow for the full entitlements of the industrial light district. The property is currently designated general industrial on the place type map. The proposed industrial light zoning is generally consistent.

With the designated place type. Thank you. Staff and the applicant are available for any questions. >> Thank you so much for that report. I'll yield now to my colleagues for any questions. All right, seeing none, Mrs. Mrs. Hamilton, good evening. How much time do you anticipate needing? >> Yep. You're a frequent flyer. Put five minutes on the clock, please. Thank you for being with us. >> Thank you, Mayor Pro Tim, and members of council. Again, my name is Katie Hamilton. I'm here with Gander Development. We're located at 2310 South Miami Boulevard in Durham., and the zoning in front of you today is just to reszone just less than an acre of the property in question. It's the northeast corner of the property., and that will match the rest of the property's designation of light industrial. this site is bounded by US70 service road on the south, a railroad track to the west and a self storage used to the north and ampack machinery to the east and then a established single family.

Residential neighborhood in our northeast and vacant residential to our other northeast. we previously had been leasing this site to Draatos while they built 885. So if you look at the site in an aerial, you'll see that it was being used primarily as a layown yard in a parking lot for Draatos while they were constructing 885. Following their completion of that project, we finally are able to look at what this site can be used for and we are seeking to put a warehouse manufacturing and assembly facility., we've partnered with a group called Tectonic and Hamilton Property Group.

They specialize in these types of buildings. That's not really our forte. So, we found a partner who specializes in that. And after meeting with them, the agreement was that we really should make this a consistent zoning just so that everybody knows how to apply that zoning across the board., so we are reszoning to have the entire site be light industrial., and based on our pre-application meeting with staff, it was determined that a general resoning was appropriate for this type of zoning case., as it is more of a cleanup zoning than a resulting change in use or intensity., and one of the major reasons that we as staff at Gander want to make sure this is done is there is an existing storm pond on site and we have had the misfortune of doing a split zoned community before where we had to handle storm water separately based on different zonings. So, we just want to make sure we're not falling into that issue again with this site. and based on the IIL zoning being.

Consistent with future land use map and all long range planning documents and the unanimous support of planning commission and the limited scope here we are hoping that we can get support from you all as well and with that >> thank you so much I don't have any speakers signed up for this this is a public hearing however is is there anyone in chamber with us this evening or online who wishes to speak on this matter this is a public hearing s do you Speak, sir. If you'll approach the microphone, just give us your name.

You'll have three minutes. Thank you for being with us.

Good evening to the distinguished guest and honors and judge and mayors and everybody. I didn't come to speak. I there was a meeting the first hearing I didn't hear about it and then when I heard about it I said okay I want to make sure I get this next one. So then I did get a letter in the mail and when I got the letter in the mail I decided to come down and see what's going on. I live right there where you're talking about building this warehouse right here in the red circle. That's where the warehouse would be going. You know what I'm saying? Well, I'm right.

Second piece, the third piece, which is about an acre of land right in there. And I have problems now getting in and out with traffic. If you're going to build a warehouse, what kind of warehouse is it going to be? See, I'm not familiar with it, so I'm asking questions because I don't know. What kind of warehouse would it be? >> Now, the time is yours, Shel. a chance. >> I need to know what kind of warehouse it would be cuz the traffic is already ridiculous there. the city the DOT is talking about opening and widening the road. With the DOT widening the road, that's going to give more access for traffic to move and flow. But at this point in time, at 5:00 in the afternoon, the train comes through, it stops, nobody moves, you sit there for at least 20, 25 minutes, and then you come on, you can move on along.

The roads leading to Wake Forest coming back into Durham right there at the tracks. And when you talking building that warehouse there, that's going to make make a whole lot of traffic traffic buildup. So, how you I want to know how you going to relieve the problem as far as the traffic, the tension, the pressure, all that because I didn't I don't know. That's all I had to My name is Stanley Ballard, by the way. Thank you so much for being with us.

>> Did you want to respond? M >> you Yes. So the site will be accessed not on 98 but on US70 service road where the current access could get a little closer to the mic please or >> sorry I'm sorry. Yes. Is that good? Okay. so the site will be accessed via US ser 70 service road. It will not be accessed on 98. US70 service road does connect to 98. So there is potential that there will be some traffic generated that will go that way.

There's also a good chance that a lot of it will flow on US70 service road southeast to get on to 885 to get you know to a faster route for movement. In regards to what kind of facility it is, we're looking at what are called blue chip, sorry, blue chip companies., and they focus on manufacturing and assembly, and it would have approximately 90 employees based on our partners' calculations. >> All right. Thank you very much. I'm going to declare the public hearing closed. the matter is back before the council. I'll yield now to my honorable colleagues for questions or comments on this case. Council member Cook, >> I just want to ask really quickly did was there it sounds like our and you said your name is Mr. Boward, I think.

Got a got a notice but for this meeting tonight, which did y'all send out notices appropriately and did you have any community engagement? we sent out the notices per the standards. the first neighborhood meeting we did not have any attendees. That was the one at the beginning with this middle. Once we were clear of comments, we had three attendees of our second neighborhood meeting. the feedback we got at that one was actually in relation to the vacant residential property to the northeast that you see and an unhoused population on that property.

They asked us to communicate with that property owner and that's what we did following that meeting. But the people who attended that meeting did not have concerns about this site specifically. >> Okay. Thank you. Those are all my questions. >> Thank you council member colleagues. Anyone else? Council member Wrist. >> Miss H. I just had one other question. So So I'm just on this traffic issue. So it looks like the report shows two different roadways. So you're saying the access would be predominantly from 70. Is that correct?

>> It would be completely from US70. >> Yeah. Cuz because you could then because I drove the site today, you could from your site you could drive up Hoover essentially to 98, right? >> Yes, you could. >> But that's not your that's not your main access because 98 is getting close to capacity clearly admittedly. >> Yes. >> Your access would be off of >> Right. So US7 US70 service road has a much better flowing traffic to get to 885 which you know luckily was completed and so that that would be a better option based on 98. Trust me I live in Wake Forest and drive 98. I understand the issues there.

But yeah, this would be the main access would come from the 70 service road and most of the traffic we would foresee going to 885, not up to 98 to 885, but going the other direction. >> Great. Thank you. I think this is a great cleanup. I think clearly this is where your parcel is there is a is a very industrial area. So this makes sense to me. So I appreciate your coming forward. >> Thank you, council member. Council member Freeman.

>> Thank you. I would just have one request that you follow up with Mr. Ballard and see if >> Council member, would you get close to your mic, please? >> Yeah, I will follow up with him. Yes. >> All right, colleagues, Council Member Cabier, >> thank you. I just have a quick question based on the aerial map. You you all are going to butt a residential area probably on the it looks like on the back of your property. So what like what what mechanisms are you going to put because it's you know industrial light often that has a lot of lighting and could encroach on that residential property.

So what right >> what are y'all doing to kind of >> So there is a 50 foot buffer that's required by the UDO. there's also a what I noted about the storm water pond is that's the low point of the site. There's also actual like wetlands in that northeast northeast corner that would be protected and then next to that is the storm water pond obviously in the low part of the site. so the entirety of the development would really be in the footprint of what Draatos was using other than any clearing needed to get to expand the storm water pond.

>> Okay. So you're saying like kind of the back of it is not going to be touched very much. Right. Yes. and and if you look at the topo of the site, it really falls off to that northeast corner and so it really as far as a industrial pad doesn't work to step down. >> Thank you. >> Thank you council member colleagues. Anyone else? >> All right. with that I thank you so much those who spoke on this matter. I'm going to entertain a motion to adopt an ordinance amending the unified development ordinance by taking property out of residential suburban 8 and industrial light falls Jordan District B wershed protection overlay and establishing the same as industrial light falls Jordan District B wershed protection overlay.

>> So moved. >> Second. >> A motion to second. Madam Clerk, please open the vote. Please close the vote and report out. Motion passes unanimously. >> Thank you very much. I'll now entertain a motion to adopt a consistency statement as required by NCGS section 160D-605. >> Move consistency. >> Second. >> Motion in the second. Madam Clerk, would you please open the vote? Please close the vote and report out. >> Motion passes 6. >> Thank you, honor. Honorable colleagues, that brings us to the end of our published agenda for the evening. Let me thank all of our neighbors and friends who came out tonight and participated virtually. It is August 18th, 9:35 p.m.

We are adjourned. God bless Durham. >> That was a powerful gabble. >> Yes. >> I'm go check. >> It was good.

>> I've already filled this out. I filled it out like three weeks ago >> for July 1.

>> I mean, it says the income income during the calendar year preceding the filing of the statement. And so that's what I did. The calendar year proceeding. I >> mean, I can do it again. It's just going to be exactly the same information.

>> I think it was.

I know it's a.