Two good evening everybody Welcome to the people's house we are calling this meeting to order at 700 PM Adam clerk will you please call the rooll I'm sorry no this is not a work session if you will Let's pause for a moment of silence.
Please thank you I'll now pass it over to council member Freeman for for the.
Pledge of Allegiance thank you it's our practice to stand to salute and pledge to allegiance to the flag allegiance to the the FL flag of the United States of America and to the repblic for which it stands one nation under God indivisible with liy and.
Justice all right now Madam clker you please call call the rooll good evening mayor Williams I'm here mayor patent Middleton I'm here council member Baker here council member Caballero here council member cook here council member Freeman present and council member rist here all right we have one ceremonial item tonight and I'll pass that over to council member.
Cook so we have a proclamation for World eights day do we have a representatives in the. Audience yep hi please come up sorry I didn't have.
My okay Proclamation Durham is committed to Health Equity and dignity of all residents recognizing that access to healthcare and stable housing are fundamental human rights and whereas we observe World AIDS day on December 1st 2024 and Durham ranks fourth among North Carolina counties with over 1,900 residents living with HIV and whereas racial inequities persist with African-American Duram residents being six times more likely to acquire HIV compared with white residents and Hispanic residents being three times more likely to acquire HIV than white residents and whereas state housing is a critical Healthcare intervention with housing security directly linked to medic medication adherence and viral suppression and whereas 21.7% of people living with HIV in North Carolina report being homeless or unstably housed and durh strives to eliminate racial and ethnic disparities through coordinated Medical Services affordable Housing and Community Support now therefore I Leonardo Williams mayor of the city of Durham North Carolina do hereby Proclaim December 1st 202 4 as World AIDS day in Durham and urge all citizens to observe this day by getting.
Tested and learning how to support in HIV indemic in Durham witness my hand in the corporate seal of the city of Durham North Carolina this the second day of December.
2024 okay so this is the Coalition in the HIV epidemic in Durham and do you have a few words yes I do thank you so much my name is Haley Cunningham I'm an infectious diseases physician caring for patients living with HIV today I speak on behalf of the coalition to end the HIV epidemic and Durham while there's not yet a cure for HIV if diagnosed and treated early people can live long healthy lives with taking just one pill a day or an injection every two months treatment is so effective that most people with HIV will become undetectable and it cannot be transmitted to others we have excellent medication access programs to make these treatments affordable despite this many Durham residents living with HIV are not getting appropriate treatment due to discrimination stigma and a lack of transportation and affordable housing despite having the ability to prescribe life-saving treatments too many of my patients some less than 30 years old are still dying of AIDS being homeless at the time of HIV diagnosis is associated.
With a 27-fold higher odds of death compared to those with stable housing multiple Studies have shown that providing stable housing improves treatment efficacy and the lives of those living with HIV while there are many local organizations doing their best to provide support services these organizations are struggling financially beds remain empty and people living with HIV remain unhoused to date these organizations have done their work in silos making it even more difficult to to achieve their mission to improve housing and other support services for people living with HIV we formed the coalition to end the HIV epidemic in Durham in the fall of 2023 the Coalition applied for a haa hint Grant which would have allocated $2.5 million to create a system of care for homeless and unstably housed people living with HIV in Durham County Coalition members approached the city of Durham requesting simply a letter of support for the grant application but we were denied the support and subsequently the grant funding on April 15th the Coalition members attended the Durham City Council.
Public hearing during which the city council accepted over $1 million in hwa funds Coalition members urged the city council to make housing and supportive services for people living with HIV a top priority and requested the hopa funds be channeled to existing organizations in the coalition to ensure effective utilization of funding instead local organizations continue to struggle financially and hopa funding goes unutilized this world AIDS day the coalition to end the HIV epidemic and Durham invites you to join our fight for Equitable housing and to improve the system of care for people living with HIV in honor of the late Reverend Martin Luther King Jr recording in progress the Coalition will host a community event on MLK Day January uary 20th at First Presbyterian Church following their 3 P.M ceremony the event will highlight Durham organizations providing essential Support Services in our community and will present the coalition's Strategic plan to improve the HIV system of care we invite all city council members to join us for the event and we again request financial support and.
Partnership we ask that you consult the Coalition in drafting the 2025 strategic plan and that sufficient funding be allocated to existing Durham organizations serving those living with HIV thank you all so much for this Proclamation and for your. Attention thank you so.
Much let's give them another hand for the work that they're doing. All right and I'll keep the mic on council member cook for any. Announcements good evening everyone as always welcome to the folks who are here in person those watching online anyone who chooses to watch us afterwards at multiple times the speed never a bad idea either it we are coming back after the holidays I'm going to be really brief I'm just going to say that I hope everyone had a nice time with family or with friends or however you chose to spend that time for me it's it's always an interesting reflection and particularly holding this seat now of how governments are able or how much power governments have I guess to change narratives Thanksgiving there's some debate about the origin of that story but almost certainly it was tied to to a a horrific event in which settlers killed something between 4700 indigenous persons in one single Community within an hour so a horrendous action and then there was a a celebration.
Afterwards Thanksgiving for the the lack of I guess a threat from the peoples that they had very very intentionally and in graphic horrible ways killed entire families children in their homes horrible things so I think about this a lot because obviously that's not what this holiday has come to represent for us now but it is the origin of that holiday and I think that there's a lot of conversation about what that means what it means for indigenous people to have that as a ferally recognized holiday and just how lost that message gets as we talk about instead what we're grateful for what we're thankful for and I love that there's space carved out for those things too and I and I have so many things for which I am thankful in my life and and I'm also grateful for the opportunity to see my family and get to spend some time away from work to just just a a reminder of what government can do and also the power.
That we have to shape things in a better and more fair light as well so thank you and I will yield thank you so much council member Baker yeah I just wanted to acknowledge the the busing issue the school buses with Durham Public Schools we've been hearing from a lot of people who have been reaching out asking us about about that issue obviously in Durham we have three major jurisdictions the City Council County Commission durh public schools with the Duram Public School Board and it's easy to become siloed but it's important that we all consistently work together as interjurisdictional partners I also think the s dur Public Schools is going on a has a has a bus driver shortage is going on a 4-day rotation schedule and as always the the burden will fall most heavily on on the on poor families I also I think it's important I think it's interesting to to point out a few different aspects of this first there's an urgent gen behind D Public Schools being.
Able to to hire additional drivers so that they can cover all of the the necessary routes again I also think that this issue and this urgency points to the ongoing dismantling and and defunding by the state legislature of the the public school system Statewide and some of the crises that we see and end up seeing at at the local level and the different ways and forms that that it that it shows itself the other issue that's related to that is the defunding and understaffing of the DMV and the prolonged process that that it takes for during public schools to be able to actually hire drivers because of how long it takes to license those drivers because of State defunding and un under Staffing of the DMV and then finally I think there is there are some direct connections to the city the city continues to offer free Fair free buses which is such an important and critical service that we offer we will have an opportunity to to invest in Fair free transit.
In the next budget and I I think lastly it speaks to maybe a long-term vision of of a city that is more walkable that is more Transit friendly and that creates more Transportation opportunities for everyone who who lives here and that's not something that can change today or tomorrow but something that we can plan for in the next 5 10 20 20 years and so I think that's a direct connection we talk a lot about the sustainability and Equity aspects of of walkability I think there's also the resilience aspect of when things happen that that we can't account for always that that we are able to bounce back as a community so we will and I would I would hope that we would in addition to offering free buses also offer whatever we can to to our jurisdictional partners whenever they do face some sort of Crisis that's it for me thank you thank you council member Caballero thank you good evening everyone I hope everyone had a a good few days off I.
Know a lot of our city workers were able to take Thursday and Friday off and that's always a nice thing to be able to offer folks who work for the city I just wanted to shout out our brand new or not all brand new but five newly sworn in Board of County Commissioners myself and council member wrist were there this morning at their swearing in all five Board of County Commissioners which is a little different than both school board and city council they all go up for election at the same time it's always during a presidential year and so all five folks were sworn in this morning at 9: it was a big day in in in Durham they are our other very you know close governing partner and so I look forward to working with our Five Board of County Commissioners and I have to say seeing the diversity of that group was a good reminder and a hopeful reminder that Durham is a very special place and while some things.
Are trending nationally that that trend is not what we're seeing here and so I was really proud of Durham residents this morning thank you member Freeman thank you I want to just piggy back on that and say congratulations as well to the new Board of County Commissioners and then also just offer a thanks to the County Commissioners that rotated off I know I had a chance to sit in for their last meeting and I do want to say a hearty thanks for your service to commissioner Burris commissioner Baker and commissioner Carter for their service over the years I I also just want to make sure I do thank I know they left Dr Haley Cunningham I want to say and appreciate the coalition's steadfast focus on those folks who are marginalized in our community and just offer you know support and Advance just acknowledging that our hotb dollars could be used to support the housing for those folks and then and I did want to just take a moment and.
Thank council member cabier for pulling together the stakeholders for downtown Durham businesses in the Police District 5 area and then I did want to just offer an update and say or to share that I had a chance to speak with the co- facilitator for the pack in District 5 and she shared that their next meeting will be in January and I want to make sure that those folks who were at that meeting know that that meeting will be at the refiners fire church which is 13 East Main Street on January 25th 2025 and that's a Saturday and it's from 10:00 a.m. to 12: p.m. and that is the fourth fourth Saturday of every month I know I said it a few times I I just wanted to make sure I said it from the Das as well thank you thank you council member wrist thank you good evening Mr Mayor Mr Mayor PM Madam city manager colleagues staff residents here in the room and those joining us online good evening.
Hope everyone did have a restful and enjoyable Thanksgiving holiday just a couple of items for me first of all speaking of Thanksgiving I wanted to give a big shout out to Meals on Wheels they delivered over 450 meals on Thanksgiving morning I had the chance to deliver meals with them it's always a lot of fun to be out there delivering meals and giving giving back to people and to make sure they feel loved and appreciated on Thanksgiving especially big shout out to my new buddy ingred who I delivered a meal to 90-year-old ingred born in Berlin Germany we had a chance to chat a little German Mr Mayor for a little bit while I dropped off the meal so that made my day on Thanksgiving it was wonderful to see ingret on the Sunday before Thanksgiving I also had a chance to visit or attend the the reality Ministries talent show I hope folks have had a chance to see the talent show it's such a amazing event for those who don't know reality ministry's.
Mission is to connect people with and without developmental disability and authentic relationships because the reality is that for too many people with developmental disabilities loneliness and isolation are typically the norm so you can imagine the talent show is a complete celebration of joy and silliness to a packed audience and deack literally a packed house there so Mr Mayor Durham is dope But but so is reality Ministries actually I also want to give a special shout out to Susan and Jeff mcain who were the founders and still run reality Ministries Jeff mcain I met him on the first day of my freshman year right around the corner from my freshman Hall we've been friends ever since so I'm so amazed by their leadership of reality Ministries and the work they do with folks with developmental disabilities and Durham so big shout out to them finally as my colleague council member Freeman noted I want to thank the over 200 residents that came to that right so residents business owners City staff as.
Well as County staff that includes the sheriff and the police department representative there elected official as well it was an important Gathering to share concerns about Safety and Security in downtown Durham and I think that kind of conversation all one conversation where we can get together and share concerns and respond to those and one big conversation is the best place to start we've got to continue working to make sure downtown Durham is a secure and safe place where all can Thrive businesses can Thrive and we can be proud of it as a community so I look forward to working with my colleagues here on the council Board of County Commissioners and others to make sure we ensure that Safety and Security in downtown Durham thank you all and I yield you mayor Pro him thank you Mr Mayor good evening sir good evening honorable colleagues to all in Cham of this evening and watching on whatever platform you may be watching I want to thank my colleagues for some really excellent announcements tonight I.
Associate myself with all of them I'm I'm glad to be in league on this day but I'm also proud just as a resident and a citizen of the city to have you folk doing a good work you do on our behalf I want to to send holiday greetings out to all the residents of our city and I echo my colleague sentiment that I hope these past few days have been restful and enjoyable to all of our residents who are started Advent this past weekend who are preparing for Hanukkah who are looking forward to Winter Solstice who are looking forward to Quan or whatever you may be celebrating or not celebrating there is a recurring theme that crosses lines during the season of light light conquering Darkness and Light being shown through darkness and I think that's an appropriate place for us to rest in this season in our city in our nation my My Hope Is that light will continue to conquer darkness and Durham will continue to live lead the way so happy holiday.
Season to all of our residents and citizens let me add my also word of congratulations to our new colleagues at the county who were sworn in today I Echo again the sentiments of my colleagues I'm looking forward to partnering with them to continuing the rich and deep and sub substantive partnership the city maintains with the county whether it's on gang reduction mental health initiatives or violence reduction so Goodwill and best wishes out to the new colleagues to cheram and and her team congratulations on her re-election as chair and we're looking forward to a great Partnership New Vice chair Lee right that's Vice chair Lee absolutely shout out thank you finally condolences to the family before just before Thanksgiving gunfire once again rang out in our city and we lost a resident to gunfire so it was a very very asterisk base celebration for at least one family in Durham of this past holiday weekend we continue to let residents know there's not day that goes by that the mayor and I don't have a conversation.
About violence in this city and what we can do to stem it and I know everyone in this day is it's on it's four in our minds every day and we continue to to put an asteris next to our celebration no matter how tall our buildings are get how noted our restaurants get what's coming to deack the Celebration will always be muted when less than two miles from our city center there are children jumping in bathtubs at night when it's not bath time because gunfire is ringing out out in their community so our hearts go out to that family and the entire City's heart beats for that family tonight happy holidays thank you Mr may I yield back thank you all so much we're gonna get to it I have short remarks first I would like to make a very important announcement to the council that I bought candy for everyone this is orange flavored Lifesavers and they're really really good so and it is accessible to the public as well.
If youall want a piece of candy after the meeting but happy holidays to everyone I'm one of those Thanksgiving babies so I celebrated eating a lot of food on Thanksgiving Day where my birthday was also on that day so thing that the thing that's special about us Thanksgiving babies is everyone thinks about the food and Thanksgiving and not us but I did get quite a few notes of happy birthday so thank you all for that I too want to thank my colleagues led by council member ciero pulling over 200 business owners together they are residents they are business owners they're concerned concerned citizens and residents of this community about you know just matters in the downtown region and throughout the city and and I just appreciate it today I was able to stand back and listen more than talk and just it it felt good to see our council at work standing around the room facilitating the conversation listening and really you know digging into having some pretty intense conversation with folks directly so I.
Appreciate it that colleagues thank you all for being there and thanks for doing that that's the good work I want to congratulate as well our County colleagues I cannot make it to the swearing end but I did make it to the Celebration afterward where the food was and I unfortunately I was in meetings as well but congratulations to our colleagues chair Al and I we speak often she's texting me and beating me up about stuff but she's a good friend and I'm really excited for her leadership and you know her leading leading her new team over there really excited about Vice chair Lee coming in he and I have a special connection we were both drum majors in college in the March band and we're both Kappa Kappa saai the band fraternity so we're bandhe heads and I'm excited to have another bandhe head in the rim who's a drum major as well I I just got here from speaking to a group of young boys and girls of multiple.
Mentoring groups it was quite the collaborative and these mentors have footed the bill to take about 50 young people to Kentucky to the Muhammad Ali museum and to a rumble Rumble boy Rumble event it's a big National event and we have 50 young boys and girls who are headed to this event the trip is nice and everything I'm glad they're going but the most impressive thing was I shook every last one of their hands and they all looked me right in the eyes with a firm handshake and said it's pleasure to meet you Mr Mayor and he was just so professional and that's who represent our city that's who represents Durham and and those kids were all black and so you know when there are certain narratives that are spoken about our community as I said before we won't be defined by just our challenges I just saw 50 reasons why dur is so dope and and they're getting on the road and they're about to fly over to Kentucky.
And they are going to have the time of their lives and they're not just going to this event they are going as a collaborative to show the good work that's happening in Duram so that is why this bull City future fund I want everybody to go and donate to it because that money goes directly there's no interest there's no money going elsewhere it's going directly to those kids and organizations like that so we're going to raise a million dollars to make sure that those folks don't have to foot the bill out of their own pocket one of the mentors actually was short on their rent to pay for some of those kids to go on that trip and we want kids across this community to be able to travel out of the state and out of the country and they should be able to go and see beyond just the blocks that they live on and we can do that we have over 300,000 people in this community we should be able to do that.
So a million dollars should be able to be raised easily and it's going to be directly invested back to organizations that are doing that type of work we choose the type of seeds that we want to grow and nurture let those kids become beautiful flowers in our community they represent us so that being said thank you all for your comments and remarks tonight and we are going to get to the. Business all right Madam manager is on you good evening Mr Mayor Mr Mayor protm members of the Durham City Council I have a couple of priority items for you this evening agenda item number 21 2024 third quarter crime report the additional information requested during the November 21st 20 24 city council work session has been attached additional information regarding revisions to deer bow hunting ordinance has been added under priority items by the city manager City attorney and city clerk that is all I have for you this evening thank you Madame attorney good evening Mr Mayor Mr Mayor pm and members of the.
City council the city attorney's office has no priority items this evening thank you Madam Clerk good evening Mr Mayor Mr Mayor PRM and members of city council the city clerk's office has no priority items thank you I do have one additional request I need to have an excuse absence for Thursday and I failed to mention that so I if someone would make a motion would excuse second thank you may protim can you facilitate that Madame clerk would you please have a motion in a proper second to excuse the mayor on Thursday Thursday's work session Madam Clerk would you please open the vote please close the vote and Report out and the motion passes unanimously you are excused thank you I feel like you know when I ask for an excuse absence and it's unanimous I feel like you guys want to get rid of me but I know thank you all and I apologize everyone is talking talking weird because I now pass Candy around the DI and everyone has candy in their.
Mou all right and here comes the Cass. Agenda this is going to be a funny meeting because I just tried to take candy out of my mouth and I'm noticing the camera was still on me so I apologize to everyone watching online this is not normal and we have guests tonight and I know yall are like what is going on with the City Council so just make it light of the situation thank you all for being here.
Item number one on the consent agenda Duran bicycle and pedestrian advisory commission appointment item number three approval of city council minutes item number four could you remind me which one's app ped item number six number five is it. Resource okay what about number at number number 209 okay that's the presentation right public hearing okay and that's and that's the public he right okay gotcha cool all right number five appointments and reappointment to the CI civilian police Review Board number six American Rescue plan act arpa project fville Street Corridor planning and infrastructure community Assistance initiative number seven First Amendment to American Rescue plan act arpa project multif family support and Supply Mass Durham Community Land trustees Incorporated subrecipient Grant agreement number eight First Amendment to American Rescue plan act ARA project Durham affordable sustainable homes Dash Durham Community Land trustees Incorporated sub recipient Grant agreement number nine American Rescue plan act ARA inter local agreement with Durham County to support digital e digital Equity efforts number 10 historic preservation fund Grant project.
Ordinance number 11 contract renewal for fiscal year 25 city of Durham domestic violence and gain reduction agreement with North Carolina administrative offices Office of the courts number 12 approved data use agreement between the city of durh and Harvard Kennedy School number 14 inter local agreement with Durham city for joint funding of the low income homeowners relief program number 15 Cooperative group purchase contract sewer vac truck number 16 comination action to obtain one eastmen at 1025 9th Street for the West Club Boulevard utility Rehabilitation and replacement project number 17 comination action to obtain one area of fee simple and one easement at 407 Marine road for the bicycle and pedestrian improvements project s w47 number 18 comination action to obtain one area of feed SLE in one Eastman at 929 Marine Road s w47 number 19 resolution accepted the United States Department of energy Energy Efficiency and conservation block grant formula funding number 21 2024 third quarter crime report number 22 Street and utility acceptances 23 amendment number two to professional Engineering Services contract number.
15462 with duberry Engineers Incorporated for the West Club Boulevard Corridor utility rehab rehabilitation project number 24 construction award to mfet pipe Incorporated for the West Club Boulevard Corridor utility Rehabilitation and replacement project number 25 resolution to authorize an application for drinking water State revolving Fund emergency emerging contaminates study grant funding number 26 Amendment one to the Professional Services country with mckm and Creed Incorporated for the North Carolina 751 sewer outfall improvements number 32 authorization for loan assignment for crescent Acquisitions LLC for the development of Sandy V Sandy R vill Villas number 28 zoning map change Vivo living I Creek which we're here tonight 29 Zing map change Hillsboro Road commercial number 30 statutory vested rights termination Davis Park po G 31 Street closing permanent closing of 2,899 Ft of Victory link excluding our public hearings that is our concern agenda move to adopt consent second and move and properly second that to adop the consent agenda as right Mr Mr Mayor item item six was requested to be pulled oh yeah that's.
Right is it a resource or okay all right so colle I do need to exception of six I need to entertain a motion to approve the consent agenda with the exception of number six so move move to St second move and properly second it mam clerk please have a vote please close the. Vote all right and the motion passes unanimously thank you so much we'll now start at number six the item was ped by a.
Same yeah right up here good to see you okay got you colleagues I'm going to entertain a motion thank you for that entertain a motion this item was pulled as just a resource and so I entertain a motion to yeah I mean a motion to authorize the city manager to execute an arpa subrecipient Grant agreement with fa Street Planning Group Incorporated a United Way of the greater triangle in an amount not to exceed $1 million the move second mve the properly seconded and a cler please open the vote please close the vote and the motion passes unanimously thank you so much looking forward to that good work all right let's get down to it we have public hearings we are ready for the staff report thank you mayor Williams mayor protet Middleton and honorable council members I'm Aaron Kane with the planning department I'm happy to be here with you tonight this is item 28 yes before I begin staff would like to State for the record that all planning department hearing items have.
Been advertised and noticed in accordance with state and local law and all affidavits of notices are on file in the planning department a request for a zoning map change has been received from tar share for one parcel of land totaling 3.59 acres and located at 1920 Ivy Creek Boulevard the current zoning is commercial General with a development plan and office and institutional with a development plan the applicant proposes to change this designation to plan development residential 35654 the applicant is proposing to Res own the properties to allow for a conversion of an existing vacant hotel to 128 Apartments the property is currently designated Transit opportunity area and Recreation and open space on the place type map the proposed PDR.
Are minimal and on the western portion of the site that is currently a natural area thank you and the applicant is available on Zoom to answer any questions thank you you've heard the staff report are there any questions council member cook or anyone.
And you said the applicant is online I believe yes tar Shar I believe is online I'm just going to I'm going to be moving the slides for him okay all right can you can you hear us yes I can good evening Mr Mayor council members and staff can you hear me we we can it's good to excellent Go Happy Thanksgiving to all of you my name is Tark Shire applicant for Vivo living the owner of the property I do want to apologize sincerely for not being there in person I had a prior trip with my family to spend Thanksgiving away in Japan and we arrived very late last night and frankly could not make any connection to be there in time with you so my sincerest apologies please do not read too much into it I would have rather presented this in person than be on Zoom so in my colleagues are joining me also by Zoom they're listening and watching so thank you for taking the time and.
Before we get into the presentation I just wanted to recognize the proclamation for a day today by the City Council and and the mayor and really appreciate you doing that for naming the unhoused and unstably housed which we support fully and this is one of the reasons why we do what we do that is to provide housing that's much needed in different cities including Durham that said Mr Mayor I'd like to briefly present this project as as you all know we came before you last month and we presented a similar project and if Erin if you don't mind going on the first slide and moving to the next slide we we are committed to the city of Durham we have other projects I don't want to go through them again in the interest of time and respecting your time and the Public's time and the third slide is our project with the asteris there it's the third one number three Vivo living Ivy Creek at 1920 Ivy Creek Boulevard it's 128.
Units I'm going to skip through slide four and five because we presented them last time and I want to go to Six and just mention one more time the reason we we we like and are committed to our program is it helps convert either underutilized hotel properties or poorly managed hotel properties into Lively multif family housing and it it really helps provide attainable housing and then reduce carbon footprint because we're not building from ground up we're maintaining the same structure the seventh slide is really showing our commitment to the city we have been committed to Dam and we continue we will continue to be committed to darham slide number eight is is a property highlight just shows a picture of it and the number of units being 128 units we're converting hotel rooms into into units or hotel suites it will include a Lobby Clubhouse fitness center laundry facilities on site highspeed Wi-Fi pets are welcome bike racks security and background checks and the ninth slide is about the the the community spaces and the.
Fact that these units are already built so we we do bring them up to living Vivo living standards they're professionally managed on site we do the background checks and credit checks and thanks to the council last month for the feedback which was really really helpful and council member cook challenged us with some thoughts which we have been able to quickly address and will will will be add ring going forward on our project and hopefully this becomes more of a prototype for what other projects in the city can look to when they do background checks and I can talk a lot more about that should you have any questions as far as the 10th slide our commitment remains to affordable housing we will set aside 20% of the units to affordable housing that's 25 units we've already established a good relationship with the with the housing department from the other projects we're in discussions with them and then again thanks to council for the feedback you gave us about the different groups the the.
Affordable housing and and attainable housing groups in the city we did reach out to them we did connect with them we we have dialogue going and that was very much appreciated feedback in helping us find the right operators for well we are the operator but the the right groups for for the affordable housing these units will continue to be deed restricted for 30 years there'll be a covenant on on the property we are also contributing a $10,000 onetime contribution to Dedicated housing fund a Durham dedicated housing fund that is as well as a $10,000 one-time contribution to the public schools I'm going to skip slides 11 and 12 but I want to talk briefly about slide 13 we did perform public Outreach we went to two neighborhood community meetings on May 14th and August 22nd we had positive feedback these then we went to Planning Commission on October 8th and the project was supported by planning Commissioners 13 to0 we were very very pleased with that result and some of the.
Highlights of the statements that were made by the different Commissioners were good proposal for repurposing of an existing structur solid project commitment to affordable housing socially conscious environmentally s sustainable solid reuse of project well laid out great concept and utilization adds much needed affordable housing good use of existing infrastructure to meet derms growth needs these were some of the comments that I wanted to share with you slide 14 is our request to humbly asking for you to adopt an ordinance amending the daram unified development ordinance and Zoning Atlas as well as adopt a consistency statement in the last slide which is 15 that's my contact information there and I am happy to take questions.
Thank you so much I don't have any others signed up for this item so therefore I declare the public hearing closed at this time in back before the council colleagues any questions comments yep just quickly I was reading the Planning Commission comments and there's a a lot of concern about habitability issues it says that the hotel is vacant at this time is that accurate that's my understanding is that the hotel is vacant okay Mr sh if you're still on I I would like to hear if you have anything to address the Planning Commission statement about mold and other potential issues that are existing in the space sure thank you for the question council member cook pertaining to the mold when we purchase the property during inspection we did find some units not all units not the entire project it did contain some some mold which is very common of what we found in many of the Southern States these this issue has been and will continue to be addressed as the units get updated and.
Renovated so we are aware of of of where it is and it's being addressed and what are the steps that you've taken so far to address that issue so on the construction side there's a mitigation of that mold and I believe the comment that came must have come come originally from maybe a Yelp review of some sort because it is really limited to a certain specific section of I think two or three of the units so these are being mitigated I do not have the exact details on how the construction team is doing it but I can tell you that it is being addressed to the to the city standards and I'm more than happy to provide you additional information once I speak with the with the construction team should you want to have more detail and I'm happy to provide that okay and and you're understand and to your knowledge there's no one living at the hotel at this time is that correct to my knowledge the hotel is still.
Operating as a hotel and not in these rooms though we do not have a certificate of occupancy to operate it as multif family but it it's still operating as a hotel I I'm sorry could you clarify I'm going to ask my staff person to clarify that so yeah my understanding from my previous conversations with Tark was that they are they are looking they already working on renovating one of the buildings and that one is not currently occupied I it sounds like there are other buildings that they are not currently renovating that are being operated as a hotel on this property on this property that's so when we say vacant extended stay hotel that is not fully accurate on this change report that was my understanding it sounds like my understanding was incorrect okay I mean I think we need to get that part out and maybe fixed council member if I me director Erin Mr Kane's comment is correct it's not fully occupied there is a a building that is being renovated just.
For clarification the north building the property is is covered by two different zones the northern building out of the three buildings is currently zoned to allow multif family residential the two Southern buildings are zoned for that office commercial use so the intent is to get this entire property rezoned so it's all consistent under one zoning so we started the work on the North building which is the one that is vacant and my apology the south building the i i i the north building I'm mixing it up with with the with the other project my apology so the north building is the one that is residentially zoned vacant being renovated the the other ones are occupied okay I I'm not meaning to be like contrarian and I I don't have an issue I'm just I'm trying to to understand how this tracks with the literature that's in front of me which says that the current zoning is commercial General with a development plan and office institutional with a development plan but there is one.
Building that has a different zoning on this site yes that's that's correct okay the as it as it mentions there are two different zonings on the site right now yes commercial General with the development plan office and institutional with the development plan some of the buildings are on one of the zoning districts and some of them are on the other and the rezoning would put the entire site which is currently split Zone in two different zoning districts into one zoning District a plan development residential 35. 654 neither of these existing zonings is residential though so I'm confused on how these Renovations have already beun so the renovations can take place you can renovate a building you just simply could not occupy it or get a certificate of occupancy certificate of compliance prior to getting the rezoning as long as you have build you know you can get building permits to renovate something you just simply cannot there there thereby occupy them also even though res neither one of those zoning districts States residential.
Residential uses are allowed in either one we allow upper story residential in commercial General and we also allow various types of residential in our office and institutional zoning District okay I think that maybe in the the vacancy language might need to be addressed but other than that I'm going to drop that issue but okay interesting okay and then yeah Mr sh I'd also like to hear about what y'all you said that you had taken some steps to address the issues that had raised last time about applications and fairness and potential racial Equity issues there in could you talk a little bit more about those changes or or what y'all were thinking about absolutely council member cook we thank you for that we both walked Alan all good and myself we both walked out of the meeting that evening scratching our heads why is this did this happened to be the case and how to address it so we've addressed it by having an internal policy that's being drafted within Vivo for the D.
Properties for the affordable housing units there will be a there'll be a reduced application fee that is the actual cost of the credit report and should should the applicant not qualify then we will not be charging them for that application fee should should they qualify then it's just part of the movement process so what this we felt that this would be Equitable instead of charging the the $150 or $200 that you mentioned last time we felt that it was Equitable and fair especially for folks who are on budget not to be paying should they not be qualified and really we want everybody to qualify but also I wanted to confirm and and clarify that typically the way it works with the affordable housing set aside is many folks would be applying through the Duram housing Department Authority and they are the ones who really do the background check qualify them and then put them on a wait list and as our units become available then we have the obligation under the Covenant to inform.
The Housing Authority in addition to providing the annual reports that they require so they are aware of when these units come online and they are the ones who really end up telling us what who what tenant or who will be occupying this so there may have been a little bit of a miscommunication in the in the way the operation worked in our discussion last time but nonetheless should there be a tenant that we need to perform a background check on we felt it would be it would it wouldn't be fair to charge them and then tell them sorry you cannot you don't qualify but then again this this this applies to the affordable housing folks or folks who are applying for the set aside units not the market rate units but really the set aside units okay I actually have a couple follow-up questions on that so first of all is this going to be something that's going to be across all three of the properties or yes this is going to be.
Our practice with daram okay I'm I'm going to change my order of my questions so my understanding was that you would accept vouchers from the Housing Authority do you have a different understanding of your relationship with the Durham Housing Authority in terms of how residents would be placed in the low income or restricted income units we are going through the paperwork with them right now and we're going to comply with the the Housing Authority's rules and what the city of Durham requires okay I there there are a lot of different housing options that are federally regulated that the Housing Authority covers and so some of them are owned by the Housing Authority some are still site based Section 8 which but have different owners which sounds like maybe what you're talking about but then others are just vouchers under Section 8 as well you don't you don't have Clarity on what type of relationship you'll be having with the Housing Authority council member I I don't believe it's the clarity it's about we have not.
Had we have not gotten that far with with the Housing Authority on on this project they asked us to talk to them once we have the the city council approval which is what we're hoping to get from you tonight but regarding the other project frankly the the timing by which we are going through the paperwork right now and but then again we're open to whatever the Housing Authority is is considering that's necessary and again we we're here to to try and help so we're open to to what they're going to be suggesting okay I just I'm I'm just going to state that the Housing Authority will only do background checks on some types of residences right they're not they're not going to be doing the applications for for example if someone comes with a voucher they have to qualify for a voucher through the Housing Authority but they do not the Housing Authority then would not do the application they would not review the applicants for your for your resident so depending on what.
Type of relationship you have the Housing Authority will have different levels of of involvement in terms of doing these like background checks that you were talking about so that was the reason I was kind of asking for some Clarity around that that I would also just State too that a lot of these even the market rate ones are still relatively affordable or I think that that's sort of the idea is that it is a conversion of a smaller space without potentially a full kitchen and some other things that make it a smaller footprint but also potentially more affordable so I would just re push again just a little bit on the fact that those applications I'm glad that they've changed for the affordable units but I would I would love for your folks to think about how that application might deter or might racially bias the folks coming to live there even in the market rate units so anyway that is those are all my comments I think thank you all right council member.
Baker I would say that there on paper there are a lot of very positive things about this resoning case it's a adaptive reuse of an existing structure there's a deep commitment to 60% area Mee income affordable housing quite a high percentage compared to what we us see and in fact what we've seen in other conversions in the past and from what I can tell decent level of responsiveness to colleague suggestions that were that were made the last time one of these Vivo properties came up in a in a resoning case and so I think all of those point to to some some positive and encouraging movements I I would be I'd be remiss if I if I over looked several of the comments that were made by the Planning Commission regarding management and and quality of the property so I just want to raise those with the applicant if you it looks like you've read the Planning Commission comments I know you spoke a little bit to finding mold.
Which is it's it's north it's North Carolina you're in the the Southern United States you know there's a it's an old older building obviously there's going to be conditions like that but if you can just speak to and maybe respond to there's not very many comments but some of these comments that were made by the planning Commissioners regarding the the quality of of the structure potential health hazards and and management I would appreciate that council member Baker thanks for the question regarding the quality management please note that we Vivo purchased the property he closed escco on it in towards the end of q1 Q2 of 2024 so I honestly cannot speak fairly about the prior management of of the hotel or how they ran it but I can tell you our commitment similar to the 27 plus properties that we own and manage that it will be professionally managed on-site managed secured and any any issues pertaining to structure mold or whatnot will be mitigated we we do take that very.
Seriously we did see the comment there on the Planning Commission report and our team construction team has has has has been all over it I will be glad to report back to to City staff the next steps and and what we found but I can tell you from speaking to the construction folks prior to prior to being scheduled for this hearing is is trying to understand what they've what they've done to mitigate it and I know they are they are and will continue to mitigate as they go through the renovation of the buildings okay thank you for that yeah as I said I think I think this is on the better side of of many of the resoning cases that that we see a lot of positive things in here for the reasons that I that I stated one last question because it did seem like you were responsive to to council member Cook's suggestion around the.
The application fee is that something that we can we can make a commitment. What what what is your no no I I I I am not I'm not confident that that's the kind of operational thing that we can tie to the land fair enough okay just thought I'd ask that's it for me thank you thank you council member Freeman R thank you Mr Mayor thanks Mr sh good to have you online thanks for coming in forward with this project it's good seeing you yeah at our last meeting I just have actually a couple comments then then one question so me get in here yeah I really appreciate the the Adaptive reuse I think that's that's the kind of thing we'd like to see in durum I appreciate the 20% are affordable at 60% Ami also is a great Target there and also the cont ions both to the dedicated Durham housing fund and DPS the one thing and also I want to thank you for getting on the phone with myself.
And Scott Carter from bpac to talk through some of the bpac comments that I'm sure you've seen and my colleagues have seen in the packet I know that a couple those were difficult for you to address since that is a private road there right Ivy ivy Ivy Creek that's corre is a private road correct yeah so I know we had some difficulty responding to those but the one I did want to ask you about was the conversation we had about this idea of like a 12 foot shared use path between the northern edge of the parking lot and then you know not very far away there is MLK Parkway which has sidewalks and so forth so so I wonder and I know that we when we had that conversation it wasn't clear who owned that land I think we talked to Bill judge from the city so that that property there is owned by dot if I'm not mistaken correct is NC do right away yeah right away so I'm I'm.
Just wondering whether it's something you've considered creating that shared use path I know negotiating with Dot may not be the simplest thing in the world but I think what we're trying to build here in Durham as as I'm sure you understand is not just not just because I I drove the property just over the weekend I know people could could bike in your bike through the parking lot at your entrance across ay Creek but I think what we're looking for is a real elegant way to connect this property to the to the the connectivity and Mobility that's on MLK Drive so I just wonder if that's something you've considered cuz I think that would really make this like sort of A+ project so love your comments on that council member R thanks again for taking the time to speak with us and and hearing our our concerns with with some of the comment we did a very genuine attempt in addressing these in addressing these comment in a way where we can Implement them and.
Where we could we we were able to and where we can't we we came back and we mentioned why we couldn't while it sounds really intriguing to connect the property Northern Edge to MLK as we looked into it with our civil engineers and the city and then we we reported some of that back to you on the call and some of it post that call the fact that the property has a it's a detention Basin for a storm and and the fact that it's also owned by do it it makes it impractical if not impossible to connect through for the storm drain issues we talked about and the fact that we would need a an encroachment easement to build retaining walls to be able to stabilize that walkway in an event of a rain that that could be compromised but that's all in addition to the fact that we would have to go through do and and and get a consent from them get that temporary access easement we looked into it.
It's really not an easy task for this kind of project and quite frankly if this was a ground up it probably because of its timing may may be a little more Justified justifiable but in this case we it it really is going to be impossible POS and impractical not just financially but but TimeWise and process as as you know going through do for any approval is is a lifetime or it seems like so so I I would hope that there you would you would have an understanding of that challenge and just cooperate with us because that's really going to impact the project tremendously I understand I understand working with doot would not be a sort of a quick sort of rightaway kind of process I guess my I still want to understand so that there is that retention Pond there but there's enough space it seems like beside the retention Pond for for that 12 foot wide path to go right there's no you would need to build up any kind of retaining wall correct.
The no I believe council member we would need a retaining wall of some sort whatever the the height of it is to be able to stabilize that walkway the detention Basin is not. Just very near the area that that you mentioned where the walkway would be these detention basins are made for certain. And it's all calculated as part of that space so our intrusion into that space would be really intrusion into the storm drain so again that's that's one concern and it's a big it's a big legitimate concern but that's also in addition to having to deal with do to try and get in in in Access easement and also we would have to go to to the storm SE storm sanitation to to get an easement from them for construction purposes and everything else so we're talking about a very lengthy period to secure that path and my concern is it starts to take away from our ability to provide these affordable housing units as one of the council members asked last time how.
Can we afford to do this and we can because our program takes an existing building and repurpose is the building and that's how we can afford to do that in the event we have to depart from our program then the our ability to provide these affordable housing units would be tremendously compromised and would probably force the number of units affordable units to be reduced which is against the purpose of what we're trying to do here and also comply with with with the with the city's mandate for this Zone area we're excited to be providing these affordable housing units we're excited to be able to provide attainable housing we're excited to maintain and manage the property in a professional manner and we just hope that we were not being delayed by easements from from sanitation and Dot and.
Whatnot thank you thank you Mr Mayor Mr sh good morning to you thank you you Japan good morning and for joining us I I know you're tired and I want to thank my colleagues I want to particularly thank council member cook who I think did an excellent job really at teasing out some areas concerned actually 90% of my my comments are are now gone to the good work due to the good work she's done and teasing out some things that I had some concerns about Mr sh you you heralded the or trumpeted the the planning commission's unanimous vote which which is a good move I think you should that that's a good look for the project but there were some comments beyond the celebratory comments of the project but I I think it's a great project by the way we're big fans of adaptive Reus and Durham good project and of course affordable housing is something that we're concerned about I think what what has been teased out here tonight is that for us and.
Durham and this is not about you personally this is really to the development community RIT large who who's watching us tonight and who monitors these meetings for us in Durham affordable housing does not mean substandard housing affordable does not mean different for us we we've established a benchmark in the standard in Durham where you know we don't want you to be able to tell the difference outside between the apart the market rate apartments and affordable units we don't want buildings separated from that are affordable from the rest of the the development we don't want differences in Aesthetics or materials and the way we do that we we made the decision the determination of value based decision and Durham to tax ourselves to put ourselves in a position to to provide the subsidies that allow the housing to be noni or or indistinguishable from one another so part of what you're hearing about the concern about mold and and other things and management issues is Durham's deep commitment not to allow.
Affordable housing to be conflated with different housing or or or or stratified type housing so that's some of what you're hearing nothing personal but to that point I I do want to to and I'm excited about this project for all the reasons that we get excited about these kind of projects enduring but I am concerned about the mitigation and and addressing the the mold issues if any this is an older building there probably going to be some issues and I know you've got some experience in this but fully addressing it and I guess to the staff before we issue from an inspection point of view before we issue certificates of occupancy or give them a final approval I'm assuming mold is one of the things we look for yes the inspections department would do a full inspection and and make sure that mitigation that checks are made to see if the mold is STO there and that mitigation measures have been followed okay all right well Mr sh I'm I'm I'm.
Supporting this project tonight but I I I I want you and not you personally but your your community RIT large development Community to to take to heart what's been said and and the things that we expect here in Durham even when it's affordable housing we don't want it to look different or feel different or smell different here in Durham so thank you so much I look forward to supporting this project and thank you and colleagues particularly council member cook for your excellent treatment of this case thank you Mr mayor council member Middleton if I may comment back and thank you for your your thoughts I I want to share with you our commitment to even an equitable distribution of units throughout the project and this is not just for the council but also for my colleagues listening who will develop projects that's that's the right way to do it it's an even and equitable distribution of unit throughout the building so there's they're not all being bundled up in one corner every every person has.
The the the opportunity and the right to live in in a in a great unit and our commitment is to manage this property to high standards and we thank you for your. Support thank you colleagues I'll be rather short I'm intimately familiar with this property been on it several times just through as a hotel when they were doing some Community work and housing people were in need it is a rather older property and I am looking forward to it being repurposed and I I'm glad that we're actually making in into permanent housing because it's going to provide a very very good quality of life for folks that that will live there you literally have if I me you could you could walk at work at Blue Cross Shield you walk out of your front door a year there if you get a job there or you could just walk outside and around the corner you're at the grocery store with several restaurants and spas and things and cleaners and Target across the street.
You know it's just it is it's in the heart of just about everything you need and I think that making this permanent housing resident hotels or motel rather is a really good reuse for this property so I look forward to supporting it as well and with that being said I am going to call entertain a motion to Mr Mayor sorry right here just a question for. Staff just following up I just wanted to ask if the mode I guess in a rehab project where planning is concerned is there a visual check or is there like an actual like x-ray check happening regarding mold yeah I I I'm sorry I I that would be need to be something direct to the inspections department I'm not not familiar with ex exactly what what kind of inspections they do regarding that okay and there's no one from inspections here that could speak to that no there's nobody here from who's the who's the director the assistant director over it the assistant director is Alicia Bailey.
Taylor and Tom hosy is the director thank you I just want to make sure that because I know that that's a that comment and that question will come up again I just want to make sure I know. How colleagues are there any more comments all right at this time I will entertain a motion to adopt an ordinance amending the unified development ordinance by taking property out of commercial General with the development plan and office and institutional with the development plan and establishing the same as plan development residential 35. 654 mve is red second it's been moved and properly seconded Madam Clerk please open the vote please close the vote and the motion passes unanimously thank you all right and motion two I'll entertain a motion to adopt a consistency statement as required by the North Carolina General statute section 160 D- 605 Mo to adop consist okay move and proberbly seconded M CL please open the vote and you can close the vote report out and the motion passes unanimously.
Thank you congratulations Mr Sher thank you all thank you mayor thank you council members and I want to thank staff again for their guidance and for for being very very professional and helpful to work with you should all be very proud of the staff that you have thank you so much oh we are thank you and enjoy Japan all right item number. 29 thank you Mr Mayor all right we are ready for the staff report looks like item 29 is well represented we'll hear you out thank you Mr Mayor a request for a zoning map change has been received from Mark Kopac for a portion of one parcel of land totaling 0.50 acres and located at 2504 Hillsboro Road the current zoning is compact design support to the applicant proposes to change this designation to commercial infill with a textual development plan the applicant is proposing to rezone the properties to allow for expansion of a non-conforming use vehicle service minor though the proposed development plan does not prohibit future uses of the.
Land within the permitted within this commercial infield District except nightclub bar and PayDay lender the properties are currently designated Transit opportunity area on the place type map the proposed zoning is generally consistent with the designated Place type except for the intended use of vehicle service minor staff does not recommend removal of the existing designated Place type of TOA as this area is ideal for higher density mixed use development in the future and the majority of the allowable uses in the CI District are supportive of the TOA thank you and staff and the applicant are available to answer any questions you've heard the staff report Council are there any technical questions for staff yes could you just review for me one more time sure that it is generally consistent except for the use right so the existing use is the service auto service station which we normally would not support within the transit opportunity area but it's an existing use it's already there right and the way the the way the state law is worded is.
That if you all find it to be inconsistent with Transit opportunity area we must change the place type we don't want to change the place type from TOA because we want any future zoning designation that we might do through a overall resoning through a new unified development ordinance to be consistent with the place type map to be consistent with the TOA for at some indeterminate point in the future so we'd like to keep that place type designation on there right now and we need to find the proposed District consistent with that now generally commercial infill is intended for retail uses and you know retail uses service uses and so forth but it does allow vehicle service okay interesting thank.
You any other any other questions all right at this time I will declare the public hearing open Mr biker how much time do you need five minutes mayor Mr Mayor put seven minutes on thank you m Mr Kane I'm sorry I don't see the PowerPoint for this item my bad. Oh where'd it go this is above my pay grain I have no idea where it went I saw your check stop Mr bike are you sure say it was it was there when I was here earlier if you'll give me I'm not paranoid I know everybody's out to get.
Me what I do what I have no idea I don't know why I did that. Saw yeah it was there when I was up here earlier for the previous.
One actually wasn't working earlier so there you go okay perfect thank you sir good evening mayor Williams mayor proen Middleton members of the city council I'm Patrick biker Live at 2614 Stewart Drive I'm an attorney with Morning Star Law Group and I'm here tonight representing Chapel Hill Tire I'd like to briefly introduce a few of the leaders from Chapel Hill Tire we have Kim fiori the marketing director Mark ponds the president of Chapel Hill tire and also with us tonight are Chapel Hill tires regional manager Colby Witherspoon and we also have the store manager for the Hillsboro Road location who is Dalton Elmore Chapel Hill tire is the relative new owner of the tire and vehicle repair shop located at 254 Hillsboro road that you can see on this slide Chapel Hill Tire bought this building on May 11 2023 and the building was built in 1985 so it's 39 years old and in need of significant improvements however I do need to emphasize that the improvements Chapel Hill Tire wants to undertake will.
Not expand the building footprint or its height what you can see in this picture in terms of the size and the height of the building will remain unchanged unfortunately the need to convert the storage area in the back into a couple new service Bays ran a foul of the permitted uses in the compact design support 2 zoning District accordingly we need to ask for commercial infill with a textual development plan to allow Chapel Hill Tire to move forward with the necessary improvements to this 39-year-old building these improvements are necessary because Chapel Hill tire has been very successful here since opening just over a year ago in fact Chapel Hill tire store on Hill Road was voted one of the best five Auto Repair establishments in all of Durham by Durham magazine to better serve its customers Chapel Hill tire needs to increase the number of service Bays from 6 to 8 in regard to the building modification we hope to implement through this resoning here's a view of the side of.
The existing building along Rose Hill Avenue where the two new service Bays would be located so if you stand where the two new service Bays would be and you look across Ros Hill Avenue this is what you would see now while these appear to be residential structures this parcel is zoned commercial General with no development plan so this property could be a vape shop or a Payday lender just by way of example of what is permitted by right in the CG Zone next I want to emphasize that the 39-year-old parking area Landscaping will be improved here's the Chapel Hill tire store at 4805 H Valley Road part of the improvements for the the Hillsboro Road Site will include Landscaping improvements M ments as noted in your staff report pursuant to comprehensive plan policies 39 and 94 there also will be a new Udo compliance sign like the one you see here in addition I would be remiss if I did not point out that Durham County storm water and erosion.
Control division has been very pleased with the steps Chapel Hill tire has taken to clean up the pollution caused by the prior owner also this building has a pretty Antiquated customer waiting area on the right side of this slide you can see the customer path to the restrooms that are on site in addition to the two additional service Bays that will speed up the services customers receive the new waiting area will be a major Improvement as well with a new customer service area looking something like this in closing usually when a petition is delivered to the city council it is in opposition to resoning tonight I'm happy to say we have a petition with over 250 signatures in support of this resoning that I'll drop off with the city clerk at the of this meeting I hope the City Council will duly consider Chapel Hill tires community support and its success as demonstrated by the best of Durham award in addition I need to point out that in October Durham County selected this.
Chapel Hill tire store location on Hillsboro road to provide repair and maintenance for Durham County vehicles and that in turn drives the need for the two additional service Bays I want to emphasize that the two new service bays are for technical repair and not for tire related work in order to to reduce noise generation lastly based on our community engagement that went on with the old west dur neighborhood we wish to profer the following five text commitments that I will summarize as follows one construction of a sidewalk to City of Durham standards in the Ros Hill Avenue RightWay along the res property being resed two installing vehicle use area Landscaping to yio standards in the Triangle that's located between parking spaces perpendicular to Hillsboro Road and an angle to Hillsboro along with Udo compliant Landscaping between the parking lot Hillsboro Road and Ros Hill Avenue but we do have to account for I hope if any of you have gone out to the site you would notice that there are two sets of Duke power.
Tuke Energy power lines going up over the site as well as a slope from the existing sidewalk down to the parking lot three removal of the existing changeable copy sign and replacing it with a Udo compliance sign four removal of the existing middle curb cut on Ros Hill Avenue and locating the northern curb cut to serve the new two new service bays and lastly number five subject to approval by NCD and go Durham installation of a bus shelter along Hillsboro Road we have partially also made those additional propers in in response to the comments by the Planning Commission where we where we received a six to3 recommendation for approval so with those additions we respectfully ask for your approval tonight our team will be happy to answer any question questions thank you very much thank.
You so I have I have signups here they are okay they're all proponents I'm wonder if these are resource folks or they're just speaking in favor but I will look online as well. Joh where is it right all right I have online Miss Joanie Brown can you hear me yes I can can you hear me I sure can welcome you have three minutes thank you for letting me speak I'm Joanie Brown I'm I live at 3822 Alam Street and I'm speaking as a citizen in support of Chapel Hill Tire my husband Branson and I have lived in and served the Durham Community for 44 years and I'm asking that you get behind this community supportive business that not only offers paid internship opportunities to our area high schoolers supports local organizations such as Special Olympics through fundraisers pays for all employee trainings and certifications to assure high quality car service but also they annually bless 12 community members with $1,000 worth of Car Care Service through their 12 days.
Of kindness initiative which by the way is happening right now for 2024 we were secretly nominated by a church friend and were one of those 12 people blessed last December by the kindness initiative but Chapel Hill tire went beyond the original1 Thousand gift when found out our check engine light was on and it involved the catalytic converter which we couldn't afford to replace at the moment Colby knew from our nomination story that life was a bit financially challenging for us due to Branson's 33-year battle with Parkinson's Colby decided to not only replace our front brakes but also took care of the new catalytic converter which cost at least 3,000 more than the allotted thousand and he refused to let me work out a payment plan to pay for the amount over the $1,000 he said no we want to do this for you and I cried so this is the caliber of people we're talking about so I ask you to please do whatever you must to help this company magnify their Customer.
Center centered service by improving their outdated workspace and providing providing better accessibility to their customer. Bathrooms thank you so much Miss jany that's the only person I have online for that item so what I'm going to do I will call the individuals I will say some of these handwritings mirror mine that's not a good thing in being able to read this this this John. Wood after John Wood would be Alicia par then Liz Morris and yeah Patrick already spoke Mr what how are you good thank you welcome you have three minutes and it's a pleasure to share handwriting with you good evening mayor Williams and mayor protm m M of council my name is John Wood as you've heard and I live at 2406 Green Street about a block from the from the project many in our neighborhood of Old West Durham had initially been concerned about the rezoning primarily due to the addition of the service Bays that Patrick mentioned that F front basically right out onto Rose Hill Avenue which is primarily a.
Residential street but the entrance one of the entrances to our neighborhood of Old West Durham in effect it appeared that it would function similar to a fire station which has access going right out to the street without an internal driveway connecting it so we were concerned about that as well as some views that neighbors would have directly to the service Bays as well as noise and traffic circulation at a pretty congested intersection of Hillsboro and Rose Hill subsequent went to the Planning Commission meeting the applicants have met with our working group several times and agreed to the additional conditions to the development plan that that erens made reference to that we feel will help mitigate the negative proposed conditions as well as some of the existing conditions such as the parking lot currently is not screened at all from Hillsboro there's a lack of Street trees those sorts of things they have continued to they have agreed to continue to work with us as the project proceeds through the site plan review.
Process and we appreciate that although we still have some concerns regarding circulation in and out of the service Bas We've contacted both transportation and Public Works departments and U we feel that they will be looking at that quite closely in the site plan re review process so hopefully all those issues will be addressed at that level again we very much appreciate the applicant's willingness to listen to our concerns and engage with us we look forward to continuing to work with them as neighbors and to make the project as favorable as possible to everyone there was a minor condition modification that we talked to Aon about regarding Street trees that we hope can be incorporated there were concerns about trees planting in the underneath the transmission and utility right ways and we think there's ways that that can be accomplished simply within the ordinance requirements thank you very.
Much Alicia welcome have three minutes y Alicia par I reside at two dresway court and I'm a small business owner here in Durham and I've lived here since 2000 and I'm also a woman who's not equipped to repair my own car usually so I'm here to reclaim my support for Chapel Hill Tire as a longtime resident and I'm a big fan of Durham It's a Wonderful culture it's a wonderful town and not only am I a customer and I am a loyal customer at that Chapel attire has been a customer to my business as well and it really you know gives me a really good understanding of how they work and how they operate and it's all about being good neighbors in fact one of their core values that they put in their practice every day because I've seen it is to say yes the customers and each other and it sounds like that's exactly what happened in follow-up conversations with the neighbors after the planning community meeting and they really mean it and I.
Think everybody that's sitting here that works with that organization would say the same thing I know that some neighbors it's been a little fear fear ful and you know I live in a in a beautiful neighborhood as well and and I would worry about new things coming into my neighborhood but a lot of that might be a based on assumptions about what the business is like what the mindset is like of the leadership and of the team and I think that we see that Chapel Hill tire and I know that Chapel Hill tire is a great neighbor and you know this is this is a company is regular people can trust to really you know work with not just on these issues here but for me know that I can bring my car in somewhere and know that I'm not going to be taken advantage of and I know that sounds like just a silly thing but it goes a long way so this is the kind of business I believe that really adds to.
The culture of Durham and the way that we all want to see you know Durham continue to grow and evolve in a beautiful way and that's really just what I have to say so thank you thank you what's the name of your business I'm just curious what oh performance Mentor okay and I have Liz it's good to see you hello hard to follow that one my name is Liz Morris good evening 608 Dow Street I've lived in Durham since 2016 I grew up in Chapel Hill and I own a business in Hillsboro as a small business owner I strongly believe in supporting other local businesses which is why I'm here to support the rezoning request for Chapel Hill Tire I've been a loyal customer of theirs for years and my parents went to the Chapel Hill Tire near University Mall when I was growing up the rezoning will allow Chapel Hill Tire to add two bays without expanding the current footprint which will reduce weight times and increase the number of appointments they can take.
Each day through optimizing their current site they will better meet the demand in our neighborhood this change helps Focus business activity in areas that are already built up which just makes sense lastly allowing the business to realize growth will help retain and grow local jobs by contributing more to the city's tax base as a small business owner and neighbor I see this as a valuable opportunity for our community and I fully support it thank you for your time thank you those all of the speakers I have for this item so therefore at this time I will declare the public hearing closed and back for the council.
Colleagues yep council member Baker I love I love feel-good rezoning cases we need more of these I appreciate everything that that folks had to say and I appreciate this case I'm going to be voting for it appreciated the comments made by the Planning Commission I will say if I were just purely looking at the resoning case you know I I want the the design design districts I like those design districts so I I only have one question that's for staff actually and and it was it was alluded to earlier can you just explain why why they weren't they're not expanding the the building footprint why were they all not allowed to to do what they wanted to do Under the existing zoning regulations and would you see that changing are we going to be adding or modifying the non-conforming usage section of the Udo through the Udo rewrite do you anticipate that happening in a way that would potentially I mean I know that's a big question but potentially allow for to.
Make it a little bit easier to to you know convert convert uses sure so the the quick answer on that is that the existing use is not a permitted use in the compact design support to zoning District so it's a non-conforming use you cannot expand a nonon conforming use and in this case that would be the extension of two bays you cannot expand a non-conforming use in in a in within the zoning District that's something not allowed to do you need to rezone in order to do that so they're resoning to a district that does permit that use so that they can expand the existing use regarding whether or not we're going to be modifying our non-conforming it's it's early in the process process we have not gotten to those kinds of details but this is certainly something that we can take back we've got a test case now a case study so to speak as to how we might make our non-conforming use standards a be a little more generous for something.
Like this yeah and in many ways I think this is almost like a happy middle ground you know we are making we are allowing this use in this building they're going to be there for a while it's a beloved local business and and in some ways we get to keep all of that and we get you know bus stop and and sidewalk so I think in many ways this discretionary review allows for us to find that that happy middle ground so again I'm going to be voting for this and appreciate all of the work that has gone into winning the support of the community and all of the work that you have done as a small local business in the Triangle thank you thank you I'll be brief I'll be supporting this thank you for everything you do especially your mentoring a mechanic for high school students I know that's incredibly important for especially for for students and kids who aren't necessarily anticipating a four-year degree right out of high school thank you that's number.
R thank you Mr Mayor U thanks for the presentation Mr Baker and applicants appreciate the community engagement that you've described there very impressive appreciate the additional propers which sounds like sort of a lot of landscaping pieces around there the only question had was around looking at the the comprehensive plan consistency review have you all considered either few or the applicants any kind of green building techniques in the new building things like solar passive solar so forth that's one question I had yeah we we looked at that council member wrist because the building's almost 40 years old is just not structurally made to incorporate those types of more modern green building techniques and that's why we went to the bus shelter it's a I I would consider that green infrastructure but the building it's not structurally made to to handle something like solar panels for example so not so you're going to maintain the building simply sort of renovate it as it is as opposed to yeah it's keeping the shell basically.
The way it is just removing if you call the picture of the storage area just gutting the storage area and putting in two service bays and that's that's really and then a a and then the Cosmetics he like on those new service Bay those are new those are new structures right so on those no no the walls and the roof are stay the same you're just going to open it up so there's a yes sir okay yep that's it okay thank you thank.
You no thank you Mr Mayor I Echo the sent to my colleague I know this company's enjoyed a pretty impressive footprint over the years I I am you got solar panels on your properties in Chap Hill correct and don't you have a garden on the woodc look there put a garden on this building I'm laughing I'm serious it's a it's a fairly tight site mayor protim it's it's only a half acre that we've got and we're we're committed to removing a small amount of the impervious surface in order to put in landscaping and make it perious so there certainly will be improvements over what was built 39 years ago but when you're starting with a clean slate and say you have more than half an acre to deal with it it opens up a lot more possibilities than trying to retrofit something that was built in 1985 absolutely thank you so much I look forward to supporting this project thank you I I was going to ask some questions.
Along the same same line as council member Baker not necessarily to you all but about this project sometimes I feel like we we are so over regulated that it just becomes over overly complex but I followed the line of of questioning and I appreciate it and I hope that we could I hope that our regulations can work with what we have and just make sense to be able to like easily do business while also just check as many boxes as we can obviously we don't we don't want you know things to just be so overly regulated that we have issues with what we're dealing with in another case if you know what I mean with the state legislature but this is this is pretty straightforward I I'm going to call for the vote then I make a comment but thank you all for what you do I'm really impressed with this this mentoring program the apprenticeship program that is we need more of that so for me that is the.
Most compelling reason why I'll be supporting this so that being said yes council member cook I don't have much to add to my colleagues although I Echo their comments I just want to say to Alicia that I I heard you say it kind of dismissively about like finding a mechanic that's not going to take advantage of you and I'm just going to say I know it's like kind of a funny topic but people who are female bodied who go into mechanic shops we all have had this experience and you do not need to belittle it it is so real for half of us and it is it is extremely tiring the amount of times that I have literally taken a mbodied person with me so that I feel like I'm not getting cheated even even though that is ridiculous so anyway I just wanted to say thank you for raising that point and Chapel H Tire I think all of us up here maybe have gone through your doors one way or.
Another one of your locations so thank you for being that safe place for our community our comments supposed to remain ger main to the topic but I'm going to allow that one because I agree that's swad no that's that's good so colleagues at this time I'll entertain a motion to adopt an ordinance amending the unified development ordinance by taking property out of compact design support to and establishing the same as commercial infield with the textual development plan they moved second been mov and properly seconded Madam Clerk please open to vote please close the vote and the motion passes unanimously all right and the second option second motion is to adopt a consistency statement as required by North Carina General statute section 160d d605 move to adopt consistency second spend Mo proberbly second and Madam Clerk please open a vote please close the vote and Report out and the motion passes unanimously thank you so much I I didn't want to say this in the vote because I don't want it to appear as it's.
Domin on the scale whatever it's saying but I'm a frequent customer there and I your customer service is amazing so I thank you to your team that's there boots on the ground Kudos from the mayor they they are doing a great job thank you all right so before we go into this next one I'm going to call for us to take a 10-minute break and then we'll finish up the other two so let's report back at 900 pm.
C procedure I know we got a draft set up and stuff work M com.
Recording. Stopped so Tasha $60 million sounds like a lot to build 12 miles of sidewalks can you tell us what all is involved in actually constructing a sidewalk yes these are not simply sidewalk projects but some of them are actually road construction projects there is a lot involved and what is represented here is the full cost of project delivery there will be design cost consultant costs associated with the acquisition of rideways the relocation of utilities as well as project management oversight and inspection that is in addition to the actual construction cost associated with each project additionally some of these projects require significant lane widening even some covid extensions so these are not simply sidewalk projects but some of them are actually road construction projects I came to the city to develop leadership and supervisory skills I stayed because of the city's culture and dedication to serving residents the city of Durham where careers meet Community to connect with a career that serves the Bull City visit durhamnc.gov.
Careers I came to the city for degree insurance and retirement benefits but I save for stability and vacation time the city of Durham where careers meet Community to connect with a career that serves the Bull City visit dc.gov careers I came to the city looking for a new challenge in my career I stayed for the growth opportunities work life balance and impact my work has on the community the city of Durham where careers meet community to connect with a career that serves the Bull City visit durhamnc.gov SLC.
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Owning a home provides a sense of financial stability family community and pride but housing prices are now higher than ever making it hard for many Durham residents to afford their first home that's why the city of Durham is offering the down payment assistance program to support eligible individuals with up to 8 $8,000 in 0% interest forgivable loans to purchase a house within the city limits visit this site or call to find out if you qualify for the program here's some tips to ensure that your garbage and recycling gets picked up one your cart should be put out for collection before 6:00 a.m. on your collection day two your cart should be at least 3 ft from all other objects such as mailboxes telephone poles fire hydrants trees and other carts three your carts should be no more than 3 ft from the curb four no vehicles should be blocking your carts the mechanical arms on our trucks need direct access to your carts and cannot reach around vehicles to find more information about garbage.
And recycling pickups go to this web address.
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All right colleagues Let's let's. Resume even over.
All right we are on item number 30 and we are ready for the staff report thank you Mr Mayor and I'm going to be throwing you a bit of a curveball on this one this is not a typical zoning case as you usually see this is for a statutory vested rights determination we've received an application from Lance Cherno of Davis development Incorporated for one parcel of land totaling 2.83 acres and located at 14 1400 Maran Avenue the request is for a site specific vesting plan to vest the development rights as approved in site plan D 22108 Davis Park pod G which was approved by the Durham City County Planning Department on March 29th 2023 approving the request will extend the validity of the site plan for a period of 5 Years From the date of city council action so in other words you if you vote to approve this request tonight you will be extending the life of the site plan from March 29th 2027 to December 2nd 2029 staff and the applicant are.
Available for any questions thank you are there any technical questions or comments for the for the staff colleagues all right at this time I'll declare the public hearing open Mr biker yes good evening again mayor you need pardon me sir how much time do you think you need two minutes all right put five minutes on thank you good evening mayor Williams mayor protm Middleton members of the City Council I'm Patrick biker at live at 2614 Stewart Drive I'm an attorney with Morning Star Law Group I'm here tonight representing Davis development for the statutory vested rights determination we're asking for this statutory vested rights determination for slightly less than three acres within the 107 acre master plan development known as Davis Park East I'm joined tonight by Lance chernau who is the general counsel for Davis development it has been my privilege to be the zoning attorney for Davis Park for approximately 20 years Davis Park was originally known as triangle Metro Center South why the directions got changed I'm not exactly sure the current.
Development plan for Davis Park East was approved by the Durham County Board of Commissioners back in February of 2006 and this is it the Davis Park East vment plan approved up to 2,285 dwelling units on 107 Acres along with some commercial space accordingly the approved density was around 20 or is around 21 units per acre now that was pretty high density and pretty Cutting Edge back in 2006 Davis development has a fine track record as one of the multif family developers within Davis Park East they have completed their phase one and their phase two is under construction right now of course course the completion of phase one was material materially delayed by the pandemic the statutory vested rights determination reflected in this agenda item applies to their phase three Davis development has spent hundreds of thousands of dollars on the site engineering for phase three which they refer to as pod G it would be a shame for Davis development to lose all of that investment due to factors largely beyond their control needless to.
Say Davis development does not want to have two phases under constru construction at the same time the current phase phase two is projected to be finished sometime in 2026 with occupancy in 2027 and that explains the duration of the vested right request pending before the council tonight accordingly Davis development respectfully ask for the validity of the site plan for pod G to be extended with approval of this statutory vested right we greatly appreciate the staff report and and all the assistance we received from Mr Kane and his team the staff report fully described the process and the basis for this request I'll be happy to answer any questions in regards to Davis Park and we respectfully ask for your approval thank you thank you when I saw this come before us when I was doing my homework I just I think this is the first time I've seen this actually if I may mayor I think the only other statutory vested right I've worked on was also for Davis Park and it was like.
10 years ago so this is one of those project that goes on for 20 years and so we had we we I don't remember what pot it was for but we the council must have been Bill Bell must have been the mayor approved a statutory vested right for a previous pod in or phase in Davis Park and that it was probably something due to the Great Recession in 2008 to 2012 got okay all right I don't have any other speakers for as item so therefore I will declare the public hearing closed at this time and back before the council colleagues are there any com questions starting to my left council member Baker so the staff report says if the zoning of the site is changed then a future site plan submission would be required to meet the requirements of the new zoning district and when I first read that I was thinking well why would someone have the property and then be worried about the zoning on their property change but we.
Are going through the Udo rewrite is that is that what the concern that has prompted the application here is is that there might be a city initiated rezoning of of the site I think that's a fair statement yes just simply to preserve the investment that Davis Park I'm sorry Davis development has made within Davis Park based on the sequencing of their phases that's it oh sorry and here's Lance Lance Cho Davis development L Georgia we actually got the rezoning notice from staff had meetings with staff as to what to do in this situation and so instead of trying to object to the rezoning efforts or try to change the rezoning efforts just for pody to comply with the existing site plan there this was an alternative and so that was this this was the alternative we proposed to be able to continue with our site plan without having to imp this staff's proposed resoning plan which obviously covers a much larger area and we didn't want to impact that.
At all so we thought this was the most innocuous way to protect our rights while at the same time support staff with everything they're doing with the resoning council member Baker if I just add one more thing just to clarify it's not it was not I don't believe the incoming Udo that was prompting this it was the page this is within the page Miami Design District and that's what prompted it okay that's that's helpful yes okay so and there's very good reasons for vesting law I've seen in some states vesting law be overly friendly to to land owners where you famously in Texas you could bring in a napkin that had a drawing on it and that you'd be vested for five years but there are very good reasons and fair reasons for vesting law you know you've you've invested quite a bit into a property and it would be unfair to change the regulations that apply and then sometimes there you know acts acts of God that come up that prevent you or.
Slow down the development process and make it more difficult and so that is the reason why you have come before us I have not seen one of these before so I think I think it's interesting this discretionary review of of vesting so for me the the question is you know I think that we would have to place a lot of scrutiny on ourselves to not extend it but but the question to me for me would be what our new development standards require better site design and is the better outcome worth it and so that's something that I'm I'm thinking of and have been thinking of as as I've reviewed this I did want to ask staff did you all have a recommendation to us about what you want to recommend to our decision be or or is this something that you're just trying to provide us information and leave open yeah we're more trying to provide you the information you as the policy makers we'll make that decision.
But yeah just to make sure it's it's clear what you're voting on we do have an approved site plan that followed the the zoning as it is currently on the site this essentially is just simply extending the life of that site plan for two and a half more years to better fit the timing for the development team to be able to do what they've already been approved to do and the site plan we saw version of the site plan you saw as much as I could fit into on base and and when I looked at it I mean when I'm looking at the the the site plan it it it's showing a building that is built out to the sidewalk right and correct and almost fits what would be in the new in the resoning almost maybe not quite maybe not exactly but most of it yes okay that's a fair statement to make okay so then we we just have to consider making the balance between you know the.
Applicant has has come forth has made Investments to a certain degree on the site plan numbers that we are are not specifically privy to would would the new design standards that would apply to the site are they so much better that they would be worth it over you know what what the current site plan is so for me that that that is what I that is what I am weighing do do you have a response to that yeah oh sure beyond the design standard it's it's a significant reduction in density so it's it's beyond I think right now we're we have the approved site plan for 250 units my recollection Aaron correct me if I'm wrong is that with height and other requirements it would material reduce the density that was part of the issue with the rezoning yeah and I would add to that I believe that is correct they would have a reduced density compared to what they are currently approved for I couldn't give you the.
Exact numbers right I could look that up but I would numbers oh I'm I'm sorry I'm sorry eron I apologize I would emphasize that Davis Park is I think one of the leading pedestrian oriented developments that I've worked on in my 30 years or so of this so we we master planned 100 over 100 the 107 acres is just this side of Davis Drive there's another 50 acres on the other side of Davis Drive it's all connected with with paths and there will be commercial built along Hopson Road and along Davis Drive so that this will be I think one of the most walkable neighborhoods in in all of Durham and that I think justifies the statutory vested right here and there's commercial proposed in the current in this site plan no no that's a different site plan we're working on it it would be a long Hopson Road just west of the railroad tracks would be a commercial pod but very walkable from the site we're considering tonight like a stone.
Throw literally do we know what M are there any significant material differences between what would exist under the potential zoning standards and what is in the current site plan that is vested or that is being requested for vesting there would be it's it's hard to kind of say that in very general terms the fenestration requirements would likely be different the how the building re and I'm not an expert on this in this immediate this particular site plan but there would be yeah there would be certain fenestration requirements for example there would be certain requirements regarding ENT entrances to the street that may not exist on the current development plan or wouldn't exist in the current zoning things like that kinds of design issues would be different on in the new zoning District as compared to what they currently have approved okay I think that's that's all my questions for right now thank you council member Freeman R thank you Mr Mayor first of all thanks for giving us a chance to get.
All kind of smart about vested rights stuff so thanks for the the chance to read up on that I have one question sort of similar to to council member Baker so my question is just this process of making this determination so as I read the statute it says that the I don't know if this is a question for Mr biker or for staff but as I read this it said that the the the duration is typically two years for vested rights right but the statute does say the local governments May provide for rights to be vested for more than two not more than five were warranted and so I guess my question is did the applicant or staff who who warranted that this is that this is this condition sort of meets those examples that are in statute I'm just curious about that process let me let me I think let me start with that first so the existing site plan was approved in late March of 2023 and site plan last.
Four years in Durham so they already are vested to they already have rights under that develop under that site plan 27 2027 so in my conversations I believe it was with Lance earlier this spring or this fall it just simply made sense that if they're going to go ahead and request for this request for the whole five years because then that's buying them an extra two and a half years because two years would would simply be would be shorter than it would asking for two years of vesting would get them l really nothing nothing less than they would get when than they currently have exactly yeah in my recollection council member rist I have a hard time remembering what I had for breakfast but my recollection of 10 years ago when we had a vested right determination for Davis Park that was for five years and again that was I think in the the wake of the Great Recession so that's simply at the discretion of Staff it's not like there.
Has to be some kind of it was a conversation between Mr chair now and I as to what made sense to request okay thank you Mayon thank you Mr Mayor I think this is pretty reasonable ask I think the remedy that's being proposed here for whatever happened in covid and other unforeseeable U circumstances is is reasonable the trajectory and character of that neighborhood is well established we've already approved a site plan that keeps Faith with that already established character and trajectory there's nothing particularly controversial with me about this we can read the te Lees we know that there are some changes coming but as of tonight I don't know what's ultimately going to be the standard and I would not hold you responsible for that trying to hold out and see if we can get better I think this is a reasonable fix I'll be supporting it thank you Mr Mayor one more comment yeah thank you Mr Mayor I will say also I want to thank the applicant Mr biker I did drive the.
Site today and you're absolutely right high quality development absolutely walkable bikable yeah a good model for and as as the commercial comes in very much a mix huse and and yeah High quality development thank. You thank you are there any more questions right so at this time I'll entertain a motion to adopt an ordinance approved to adopt an ordinance approved statutory vested rights for site plan d22 z108 Davis Park pot G with an expir date for the site plan of December two 2029 moved is R second been moved and properly seconded M clerk please open a.
Vote close the vote and the motion passes unanimously thank you so much and we will now move to our last item item number 31 Street closing permanent closing of 28 2,899 ft of Victory.
Lane. Welcome good evening Mr Mayor and council members my name is Leah lens I'm a senior planner in the planning department this street closing request SC 23005 is for the permanent closure of portions of a culdesac ball on Victory Lane in the Fletcher Ridge Subdivision that served as a temporary culdesac until Victory Lane could be extended to connect the vills excuse me Phillips Valley subdivision to the South the areas proposed for closure will be recombined with adjacent partials to create a 0.18 acre 1.06 acre 0.19 acre and a 17.96%.
Plan development residential 1. N64 or PDR 1. N64 zoning the applicant wishes to close the portion of the street that formed the culdesac because the extension of Victory Lane is now complete and the street now connects the two subdivisions NC General statute section 160a 299 requires that the governing body make two findings prior to closing any Street or alley these are number one closing the street or alley is not contrary to the public interest and number two no individual owning property in the vicinity of the street or alley or in the subdivision in which it is located should be deprived of reasonable means of Ingress or ESS to that property section 13.5.1 access of the Udo requires that every buildable lot have access to a public or private street that is designed constructed and maintained to the appropriate standards section 3.24 1c3 requires that the applicant provide responses to five factors these are number one does the this cause a parcel to lack Frontage along a public rideway.
The answer is no number two how the parcels are access other than from closed RightWay they have access off a Victory Lane number three how the closing of RightWay impacts current or potential connectivity within a development or neighborhood the connectivity is assured because Victory Lane was extended to connect these two subdivisions the bulb of the culdesac was to allow for a turn around while that construction was taking place at number four what are the circumstances that warrant the closing if if connectivity is negatively impacted it's not negatively impacted and number five what is the public interest in closing the right of way it is to allow that connection to proceed that connects the two subdivisions this request was submitted to service agencies for review and comment all substantive comments were addressed during the review of the case that means the plat has been reviewed by the appropriate agencies and Departments of the city staff findes no adverse impact to connectivity or access with his partial Street closing the section of.
Victory Lane is the outer portion of the bulb of a culdesac that no longer exists because the street no longer terminates at this location but has been extended to connect two subdivisions the section of the Victory Lane right of is not maintained by the city and exists only as a paper street because the cold dis Act is no longer needed as a turnaround it does not affect connectivity between public streets or does not negatively affect because it only function was to provide a turnaround with the extension of Victory Lane the Lots adjacent to the street will maintain the same access but will have now access to the larger Street Network made possible by the extension of Victory Lane staff finds that closing the section of rideway will not adversely affect the public and will positively affect connectivity in the neighborhood and we're available for questions thank you you've heard the staff report there are any questions for staff all right at this time I'll declare a public hearing.
Open Mr biker how much time do you need well I had a lengthy PowerPoint a 10-minute speech prepared on this item but I think I'll wave that and just ask see if the council has any questions I'm here tonight representing DR Horton and just want to thank M larkens for an outstanding thorough staff report they explained everything very carefully all is is closing the sides of a culde sides of a culdesac bulb because the neighborhoods have already been interconnected which is a a very good thing in my opinion so we appreciate your support or we respectfully ask for your support and we appreciate your time tonight thank you I don't have any other speakers so therefore I'll declare the public hearing closed and back before the council colleagues any questions go ahead yeah my only question we we obviously want stub outs to to Future Development I've never seen something like this before has this come up before and is would we anticipate this coming up every time there's sort of a.
Stub out in a development that would reach out to Future developments so we see different things different times the Udo does require that stub out to permit connectivity either soon after the subdivision is completed or in the future we occasionally will see construction easements on the next property or in the next subdivision this one happened to happen on the subdivision that was being constructed so I don't we don't see these bulbs being being closed very often usually it's a temporary construction easement between Property Owners so it's not a public right away that has to come all the way to council makes sense okay thank you all right any other questions all right thank you so at this time I'll entertain a motion to permanently close portions of the Kota SE that previously served as the Terminus of Victory Lane totaling 2,899 square feet to close it second second there was a lot going on there it's been moved and properly second a few other things Adam clerk please open the vote.
Please close the vote and the motion passes unanimously thank you so much and that is the end of our agenda tonight and we will adjourn oh I'm sorry that's right we have one more one more other matter Madam Freeman council member Freeman thank you I just wanted to take a moment to just State what I stated at the work session around some letters that were received by residents of about their water and I just want to make sure that they're aware the city manager shared that the program was discovering identifying lead pipes in private and publicly owned areas and just want to make sure that the residents who received it if you feel like there's any concern that you your home if it was built or identified as built prior to 1988 and you have any questions please feel fre free to call during one call to have your water inspected or your lines inspected or to get more information about inspections making sure that your home and your water lines are clear or.
Safe the number you can call is 919- 5601 1200 and again it's 919- 56200 thank you thank you for that there are no other matters colleagues thank you for thank you all for a really good.
Meeting and we are adjourned at 9:25 P.M. All.
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