City Council · Regular Meeting · January 5, 2026

>> Good evening everyone and welcome to Durham City Hall. We are in session and I'm going to start doing this to call us to order because there is a little fella that's going to be joining us and if I hit this gavvel and officially call us into order. There's a little fella in Durham uh who's dealing with a rare um disease and I have invited him to be mayor for a day. So, he's going to join us at the next meeting and gave us in officially.

So, I look forward to bringing him in and um yeah, so he'll he'll be able to look at the video and see this is how it's done. Uh but welcome everyone. Happy New Year and um happy holidays and we are back to work. At this time, I'll ask everyone to join me in a moment of silence.

Thank you. Now, pledge um we'll have the pledge of allegiance. Council member Wrist, >> if it's your practice, I invite you to rise and recite with me the pledge of allegiance. >> [clears throat] >> All right, madam clerk, if you will please call the role.

>> Thank you, Mr. Mayor. Mayor Williams, >> I'm here. >> Mayor Prom Cabayro >> here.

>> Council member Baker >> here. Council member Burrus >> present. >> Council member Cook >> here. >> Council member Kopac >> here.

>> Council member Rrist >> here. >> Thank you. >> Thank you. All right. We'll start with Council uh Mayor Pro Tim Javier Cavierro with our first ceremonial item.

Good evening everyone. Thank you so much um for this honor mayor. Um I will be reading uh the proclamation around human trafficking prevention month and I'd love to invite Cara Matthews up here with me. Cara's here.

Thank you. Whereas human trafficking is the recruitment, harboring, transportation provision, or obtaining a person through the use of force, fraud, or coercion for the purpose of forced labor or commercial sex. And whereas North Carolina consistently ranks in the top 10 for a number of human trafficking cases reported to the National Human Trafficking Hotline. And whereas human trafficking is the fastest growing criminal enterprise in the world, now creating over 236 billion in illegal profits each year. 5

2 million incidents of suspected child sexual exploitation. And whereas trafficking survivors often go undetected and unserved, experiencing extremely high levels of trauma, and the number of restoration opportunities for survivors in North Carolina is not enough to serve the number of survivors. And whereas more awareness is needed at the community level to educate citizens on the realities and needs of survivors. And whereas the city of Durham has a firm commitment to protect our residents and support anti-trafficking efforts. Now therefore, I, Leonardo Williams, mayor of the city of Durham, North Carolina, do hereby proclaim January 2026 as human human trafficking prevention month in the city of Durham and her hereby urge all residents to support the efforts of this organization to build our community and and creating lasting impact on our city residents. Witness my hand in the corporate seal of the city of Durham, North Carolina this the 5th January 2026 to you.

>> [applause] >> Good evening, esteemed members of Durham Town Council and guest. It is a joy and privilege to be with you this evening. My name is Reverend Cara Matthews and I serve on the board of Shield NC as a survivor advocate liaison. As the town council just dea declared, January is human trafficking prevention month.

I'm going to take a few minutes to explain what traum human trafficking is um because there are misnomers surrounding it. The media often portrays human trafficking as individuals being abducted or kidnapped. However, only four to six% of victims enter into trafficking that way. Hence, if we continue focusing on scenarios like that, we run the risk of missing 90% of the cases. Instead, it's important to know that most human trafficking victims know and trust their trafficker. They go through the process called grooming, and a trafficker can be a trusted adult, boyfriend, girlfriend, or peer who lures

them in. 40% of trafficking victims are exploited by a family member. One of our survivors was sold into trafficking at six years old because it was a family member no one thought to question the situation. North Carolina ranks number nine in the nation for the number of human trafficking cases reported to the National Human Trafficking Hotline.

Unfortunately, human trafficking is happening right here all around us. But there is something that you can do. The first step is to educate yourself about what human trafficking is and what you should do to recognize the signs. ShieldNC offers a virtual training every month and we've reduced the training to just one hour and it can be done virtually.

org and see when a training is coming up. Also, reach out to law enforcement and the National Trafficking Hotline. If you

see something that seems off, please go with your gut and reach out. Um, thank you so much for inviting us in for um the publication. [applause] I'll have Dr. Wanda Boon join me here at the microphone.

Welcome. If anyone find my other glasses, please let me know. Okay, I hope this works. >> [laughter] >> I'm grateful uh to uh acknowledge you and your organization and the amazing work that you've been doing for years.

Um long story short, my first my fourth year teaching um we filmed a commercial uh the marching band filmed a commercial and uh for the work that you all were doing and that's when I really grew into it. And then we met at Elmo's Diner to talk about grants and you've been doing amazing work in this community um tirelessly and I'm just personally grateful for the lives that you've saved our young people. This proclamation reads, "Whereas together for resilient youth, TRI, founded in Durm County in the year 2000, has worked to prevent substance misuse and promote resilience among youth, families, and communities. And whereas TRI has used the public health model to address disparities in census track epicenters through collective impact and authentic community representatives addressing substance use violence and

chronic disease. And whereas TRI has engaged thousands across Dorm, North Carolina and the United States through traumainformed care, resilience training, support services, and coalition work. And whereas TRI has prioritized overdose prevention, addressing both opioid and alcohol use misuse, particularly among black communities disproportionately impacted by the overdose crisis. And whereas TRI's health ambassador program has trained community members including youth through seniors resulting [clears throat] in confirmed life-saving interventions and widespread always messed this up now distri distribution and whereas TRI has developed prevention resources for all ages including the opioid misuse and overdose prevention guide, resilient recovery community

training guide, marijuana and youth mental health curriculum for justice involved and non-justice involved youth. And whereas TRI's work embodies prevention, dignity, equity, and legacy, ensuring families and communities are equipped with knowledge and resources and resilience. And also whereas I'm highly motivated by your work for the uh the city and countyy's largest crime red violent crime reduction u program and looking forward to you being a part of that. So therefore, I, Leonardo Williams, mayor of the city of Durham, North Carolina, do hereby proclaim January 5th, 2026 as 25th anniversary of Together Resilient Youth Coalition Tri in the city of Durham and hereby urge all residents to support the efforts of this organization to build up our community and creating lasting impact on our city residents. to witness my hand in the corporate seal of the city of Durham, North Carolina. This fifth day

of January, 2026. [applause] >> Thank you for uh everyone. Yes, I am. [laughter] Thank you so much.

I'm really appreciative of this proclamation. Uh just a couple of things. First of all, all of the city council members will receive the preventing opioid misuse and overdose community guide um that I wrote with North Carolina Central University. It talks about anything everything that the community needs to know and that everyone needs to know about opioid overdose misuse, nlloxxone, uh who to call, the kinds of things that we're doing throughout the community. And it's really interesting to me that um we have a link between substance use,

chronic disease um and violence that exists within Durham, but also among other communities. It's not unique in other words, but we are a a unique community where our um solutions need to be community embraced, community informed, and community rooted. And that's what you'll see in this guide. The other thing is that our and when people clap when I say this, but I'm not saying it for a clap, but if you do, it's okay.

So, uh, my husband Earl, co-founder, and I have been married for 54 years. Okay. Anyway, [applause] okay. So, okay.

But the reason that I mention that is we embarked upon this quest. It's it's personal to us. It's not a business although it is. It's not a job although it is. In 1974,

we had before we even had our children, we found out that there were three children who had witnessed their mother shoot and kill their stepfather. " We were too young to do it anyway, but don't do that. Do you know how damaged they are? And we realized that love was the most important thing that when people are loved regardless of their adverse experiences, they can achieve great things.

today. One is a college professor, another has her own business as a caterer, and one has retired on the age um [laughter] retired from the sheriff's office. So, and and that just spearheaded us,

motivated us to continue to make this a lifelong effort. Vera Institute, I don't know how many of you have read their report yet. um have identified try as a model process to follow and so I'm extremely grateful happy and we will do this for 25 plus 25 plus 25 more years. Thank you so much. [laughter] [applause] All right, this time we'll have um brief announcements by council. Council member Rice, why don't you start

us off? >> Thank you, Mr. Mayor. Uh good evening, colleagues, staff, Mr.

Manager, residents here. It's good to see everybody for 2026. Uh first of all, I wanted to thank um and congratulate Dr. Boon.

What a great honor for 25 years of impact. I'm so glad you mentioned this being your quest because that's like exactly I know this is it's a job and as you said but this is it's clear to everyone in this community that this is your quest and we're grateful for that. We're all so much better for that. Um you know we we well first of all I want to wish everybody hope everybody had happy holiday happy I can't talk happy holidays and a great new year.

Um in my family I'm sure everybody had a wonderful time great things going on. I do want to say in my family my mother turned 90 on December 19th. we had a huge party for her turning 90 and so I'm so grateful for her and all she's been for me and so it was a great part of the holidays for my family before the holidays even kind of wrapped up so it was a great time um you know Pier we often talk about things that have happened in the past week or couple things I just want to look forward to the next year I'm really excited about 2026 I'm excited to work with a new team

of seven colleagues here on the council with the manager and his staff on all the priorities we have in front of us um I also look forward to budget season which is coming up soon it's always a big part of the year for us and a big lift for us here on the council. Um, and I look forward to working on the city's priorities um that we've outlined and we're still I guess still working to finish that strategic plan, but look forward to working on those priorities. There's two I want to lift up, two priorities in particular. Um, and these have been the, you know, some of the biggest priorities since I got elected a couple years ago.

Number one is affordable housing. Um, we are expected to grow by about 150,000 people in the next 30 years. We don't have a lot of tools that were given by the legislature to create affordable housing. So, I look forward to working with my count colleagues in the council with staff and others um to continue using all the tools we have our have at our disposal to build housing of all kinds for people so we can maintain affordability in Durham.

And in particular, I want to work on the key tools we have to build affordable housing. That's a huge priority. Um and I look forward to working with all with all of you on that. The second thing is another big priority in the city is violence

reduction. And I am concerned about the spike in shootings and homicides in the last couple weeks. It's very concerning. Um, I know we're working.

I mean, this is a commitment that that the council has, the manager and the staff have. Um, this is a never- ending commitment we have, and I do look forward to working with the county on the comprehensive evidenceinformed violence reduction plan that's now in the works that we announced late in December and is a big part of our collaboration with with the county. Um, this is a critical key key piece. We've got a we've got too much gun violence in Durham still.

It's a thing that plagues our city. So, I look forward to working with folks like Dr. and others on this plan to make sure we address that. Um it's it's a never- ending priority for us on the council.

So, I just want to wish you all a happy new year and I do look forward to to delivering with my colleagues on the council and staff delivering on the key challenges we have before us in 2026. Thank you. >> Thank you, Council Member Cook. >> Thank you.

Good evening, everyone. Uh happy new year to my colleagues, to all of the staff, to all the residents of Durham. Um

just a lot going on. There's a lot going on. Uh obviously we're all sort of watching international news and uh what that sort of means in a big way for residents of particular cities. Um and I want to thank my colleague Council Member Rist for bringing up the uptick in gun violence that we've seen right here in Durham.

Uh so a lot of violence and a lot of painful things that have gone on this week. And um I just want to recognize that and um and say that I yeah um I feel like there's a lot of conversation in the community about who cares and who doesn't care about these things and and what we're doing and what we're not doing. Um there's a lot of folks working on violence prevention in this community and I just want to appreciate all the ways that folks um put their heart and souls into this work and care for this community in such a big way. And I am really looking forward to um strengthening our bonds with the county as council member Rist was just saying

and other um organizations and and individuals that are doing that work in the community and really seeing what we can make of um being more efficient and and prioritizing sort of the folks who already have this lived knowledge and experience and lifting up that work and funding it and making sure that it continues to happen. So, just want to send an appreciation and and say that I know that when these shootings happen, it feels like um it just feels really heavy and really scary and really sad. Um and and that there are people who I want to recognize who have been really putting that work in and a lot of us care really deeply about this and are really dedicated to finding solutions. And that being said, if folks ever have solutions, I just want to reiterate, there are only seven of us up here.

We can't think of everything. We've got a great staff, but if y'all have policy ideas, come to us. That's uh that's one of the ways that we can be the most effective. We got 300,000 people that live in Durham.

I know that we've got some good ideas for doing things ending violence and beyond. So, always feel free to come with policy ideas. I'm always happy to hear those. Um I also

want to just recognize the human trafficking um prevention month proclamation. I thought that was really important information. My first legal job was to do farm worker rights advocacy. And this is a subsect of human trafficking that people don't think about a lot.

And so I thought it was really important that we were hearing about sort of these alternative theories or theories narratives to the sort of like kidnapping of young children which is not really um making up the vast amount of that human trafficking. And and what we what we were seeing was adult folks who were brought in on visas or on promise of of some kind of um of economic security and then were being taken advantage of by large corporations and moved around from place to place. Didn't know where they were. Uh it was really scary at times.

We got calls from people who like were literally just being bust from farm to farm in rural this was in rural Georgia and just had no idea where they were. U so I want to appreciate that. Um, and then on a lighter note, I want to say that a little shout out to the Duffer brothers

who are our Durham natives because we just had the end of a 10-year long saga in Stranger Things. So, for those of you who haven't watched it, I'm not going to spoil no spoilers, please. Any endings? I know.

I know. I literally was like, wait, if you want to become the least popular uh politician, I think in the whole world that you just uh spoil the ending of a major um series. But I'm not going to make any spoilers, but I do think that they did an excellent job and I'm really proud of them being from Durham and also loved hearing all of the references. I used to live on Cornwallis right by that intersection of Cornwallis and Curly um which is where Will Buyers disappears at the very beginning of season 1 and so it's always fun to hear those references.

I just wanted to appreciate them. All right, look forward to a good meeting. Thank you so much. >> Thank you, Council Member Copac.

Good evening everyone and a very happy new year to everyone. It's really a pleasure to be back here with you, with my colleagues, with staff, with residents. Uh I want to start by u

adding to the celebration of uh of Tri and Dr. Boon and and Mr. Boon for your work over the last 25 years and thank you for your commitment to this community. Uh so congratulations uh and thank you for that work.

m. um a book harvest event on the 19th from 1 to 4 at Boxyard uh RTP. And of course following our next meeting will be the city council official observance at First Presbyterian Church uh on the 27th. Um, like my colleagues, I want to acknowledge that while the holidays were a time of joy for many of us, um, they did bring sorrow for our community and and and some of our residents with the recent gun violence. And so, I want to send love to everyone affected. Uh, and also thank our first responders and all of our neighbors who continually show up uh for their community and for their neighbors in times like these and in other challenges

that we face. So, thank you, >> Council Member Baker. Good evening everyone and happy new year to to you all. It's good to see everyone in the chambers.

Um I hope that over the new year you were able to rest and reconnect and gather strength for all the work that we have ahead of us. Um as my colleagues have pointed out uh we were met uh with um our community was really shaken by a spat of gun violence that that has occurred. um something that is clearly on all of our minds. So in 2026, we we need to uh recommit ourselves to uh making our city a safe place uh for everyone, committing to that and making it a priority. Um at the same time, uh one of my colleagues mentioned the the turmoil that we're seeing federally, globally, all of this is something that we're operating within. So here at the beginning of 2026, we are at the also at

the beginning of the budget season. We are creating a budget in a time of of turmoil where there are a lot of uncertainties where cuts at the federal level are leading to cuts at the local level. Uh jobs being lost or not being gained in places where they have been in recent years. Um, and we're going to have to we're going to have to deal deal with that at here at the local level and make make the best decisions um collectively for the future.

Um, so local government matters. I'm excited uh for this coming year and look forward to a productive meeting. Thank you, >> Council Member Burrus. >> Good evening everyone and happy new year.

Super excited to be with you all. Well, not super excited. Happy to be back though. I enjoyed my vacation with my family in Gastonia.

So, if I can get a time machine, go back two weeks, I would do it all over again. Um, congratulations to Dr. Boon and Mr. Boon on your awesome work with Try. I had the opportunity to work with you when I was in Yep. It's been a while, either grad school or undergrad, one of those with

adverse child, grad school, adverse child experiences. Um, and also your advocacy around getting Narcan and make sure it's widely available. You called out a very important issue many years ago about the opioid use in black communities and the implications. And so you were really intentional about putting on the radar and I appreciate you for elevating that because we sometimes didn't receive the same amount of attention our community as other communities got around opioid abuse.

Um as t talking about adverse childhood experiences, I want to send my sincerest condolences um and heartfelt prayers to all the families who lost their loved ones over the holiday break. I think it's one of the most unnatural thing in the world for a mother or a parent to bury their child and we've long known that our homicide rate has remained really high in Durham. And so while we are taking efforts to address that, I think we do two we can do two things at one time and figuring out how to be a better community and making sure we are the village we want to see for our kids. Making sure these mothers have support after the funeral because we know if you've ever had to be I was raised by a woman who buried all three of her children. That's when the pain really kicks in and figuring out the life experience of that. So really want to

make sure we're uplifting. We're not being performative in what we're saying about these mothers who are forever their lives are forever altered, their siblings, their communities, everything. So, I really want to just honor those who've lost their children's break and make sure that we are being intentional about how we bridge the gap and move together. Um, I know there's a lot going on in the world right now, but I'm really hope we can focus on making sure Durham is safe for all of our residents.

And I look forward to accomplishing that work in the new year. Looking forward to doing that with my colleagues as well and make sure we put the same energy into that to make sure no their child has to go to school, losing their classmate, no mother has to bury their child, no sibling comes home without their sibling being there. So, I've already started the outreach process with meeting with folks in Wells Village. Um, one of the hardest things is waking up and reading your emails and seeing and hearing what's happened in violent description is hard to to actually see that. Um, so I want to be intentional, make sure we're hearing the voices of people in the community. As we think about derm and our growth, it it just think about how it impacts all levels of our ecosystem when we have hot spots of crime in our community and where people don't feel safe patronizing

certain businesses or even doing their daily activities because the known issue of gun violence in our community. So, thank you. >> Thank you, Council Member Mayor Pro. >> Thank you.

Um good evening everyone. Happy New Year. Thank you to all my colleagues for uh their remarks. Um a couple things.

Um, I do want to shout out um it is my youngest child's birthday this evening. He is 17 years old. Uh, so it's a it's a bittersweet uh to have your youngest be almost well supposedly an adult. Uh, we'll see.

Um, I just really want to um extend and and hope for uh and it is bittersweet. We had uh bad news here and bad news internationally right over the new year right when many of us were hoping that we could turn that turn that page and start the year fresh and start the year with lots of beautiful intentions. Um um so very much resonate with what colleagues have already said and I know we will have a hard and busy year in 2026. Uh,

but I know that Durham's always up for a good fight and so I look to our residents as always uh for inspiration and strength and um I know that we will dig down deeper uh for more resiliency because that is what's going to be required of us uh in 2026. Thank you. >> Thank you colleagues and uh to everyone. I think that what you just heard was an expression from every single person up here of their commitment to making this community safer.

Um from the proclamations of human trafficking stopping it to the [clears throat] um the work that Durm Tri is doing to the commitments of us as policy makers. I think you also saw a very strong expression that it's not one person or one organization, it's everybody. And so, um, my goal as mayor of this city is to make

sure that every single person has a choice to better their lives. If you want to better your life, you should have the opportunity and resources to do just that. I have been thinking about our very peacemail approach to making this community safer. Um whether it was singly singularly Bull City United or just Shot Spotter or just restorative justice or just heart.

All of those things matter, but none of those things will work in isolation. And I think and I feel really confident about this that we finally have struck we've struck the right balance. Now we just have to execute. We just have to execute. We have a very community centric, very community focused, very communitydriven, collaborative, comprehensive

commitment and a plan of action to make our community safer. I know that it is possible. I've seen it done and I'm really excited about where we're where we're potentially going to end up. Um, I I was interviewed today.

Mayor, what do you think about the shooting the other night and I responded confidently about what we're doing together now as a community because that's what it's about. It's about what we are going to do to make sure that that does not keep happening because it is preventable. So, I'm looking forward to treating violent crime in our community as is triage and from triage to diagnosis, from diagnosis to treatment, from treatment to prognosis. And it's going to take everybody. And as I always say, I'm interested in working with contributors, not just commentators. So, um it's been unfortunate that we've

experienced some of the things we have in our community. And yes, you know, some people say, well, this is this happens in cities. I don't accept that. It doesn't have to happen in ours.

And to the things that we're seeing internationally, I've been asked about that, too. I have my thoughts. But I'll tell you what, I have more than my thoughts, my action of what I can do right here in the streets. All politics are local.

And I have colleagues that are sitting on this dis that are committed to making Derma a better place. And if we can make Durham a better place, we can make North Carolina a better place. We can make North Carolina a better place, we can make this nation a better place. So we all know our lane and let's do the best we can in our lane.

And that's how we impact an entire environment. So colleagues, I'm grateful for for you all and and Council Member Burrus, thank you for that outreach that that's something I I used to do. I every time a parent would lose a child, I would go and sit on their couch and just spend time with them. and it it's going to mean the world that that

whoever. So, um thank you and uh yeah, let's uh let's get to work. I hope everyone enjoyed the holidays. Um let's make 2026 let's let's be selfish and make it good and better than 2025 for all of us.

All right, let's get to work. I'm with you on that short meeting part. All right. Uh, madame clerk, I got your print out here.

This is consistent with what you just emailed me. Yep. All right. Um, do we have the on do we have online or >> Okay, got it.

>> All right, let's get to it. [clears throat] At this time, I will call on Mr. Manager for your priority items. >> Thank you, Mayor.

Mayor Prom, members of council. >> Mr. Manager, I'm so sorry.

>> That's right. >> Colleagues, I need to uh request an excuse absence for February 5th. Uh February February. Yeah, February 5th.

I don't think I'm going to be able to get back in town in time. Um but I'm really excited about going to represent us and bring some resources back home. You can facilitate that. >> Um, could I get a motion, please?

>> So, move a second. >> Um, moved by Council Member Ris, seconded by uh, Council Member, sorry. Moved by Council Member Baker, seconded by Council Member Ris. Um, Madame Clerk, could you please open the vote?

>> Could you please close the vote? >> Thank you. >> The motion passes 70. >> Thank you.

Thank you so much. I'll be reporting out on that really soon. Right, Emanuel. All right.

All right, Mr. Manager, now on you. >> Thank you, Mayor, Mayor Prom, members of

council. Uh, happy new year from the staff and we're excited to start the new year with you. Uh I have the following two priority items uh for both agenda item 15 which is the public hearing uh the second public hearing on the FY 2024 2025 consolidated annual performance and evaluation report and for agenda item number 11 the update on Forever Home Durham uh that were received at the work session for both of these. The additional information requested during the December 15th city council meeting has been attached under priority items by the city manager, city attorney, and city clerk.

There are no other priority items from the city manager's office this evening. >> Thank you so much, Madam Attorney. >> Good evening, Mayor Williams, Madame Mayor Pertim, and members of the council. It's good to be with you.

City attorney's office is going to start the new year off with new priority items. >> Thank you, Miss Magazine cover for you all. Southern, what is it called? Southern what?

>> Southern City. >> Southern City Magazine. Uh, our city attorney is the cover of it. It's really cool. She'll be signing autographs

throughout the week. [laughter] >> Madame Clerk. >> Thank you, Mr. Mayor.

Um, good evening and happy new year, council. The city clerk's office has no priority items this evening. >> Thank you so much. At this time, I will go ahead and read the consent agenda.

Item number one, Durham Cultural Advisory Board appointments. Number two, Human Relations Commission appointment. Item number three, contract S SW104, sidewalk repairs 2026. Item number four, contract S SW104, inspections for sidewalk repairs 2024 bond referendum. Item number five, contract SW105, sidewalk repairs bond 2024 bond referendum. Item number six, resolution accepting amendment number one to North Carolina Land and Water Fund Flood Risk Reduction Grant Contract CT21819

for the South Elev Restoration Project. Number seven, contract amendment number two to BR-10C Bridge Professional Services. Number eight, [clears throat] contract BR-15C, Bridge Professional Services 2025. Number nine, Street and Infrastructure Acceptances.

Number 10, resolution accepting a $392,495 drinking water state revolving fund emerging contaminants study principle forgiveness loan. Number 13, consolidated annexation 5502 Wake Forest Highway. Uh number 14, consolidated annexation, Sage Brook town houses. Those are our public hearings.

That is our consent agenda with uh and we have our course public hearings. I'll entertain a motion. >> So moved to adopt consent agenda. >> It's been moved and properly seconded to accept the consent agenda. That's right.

Madam clerk, please open the vote. Please close the vote. Motion passes unanimously. >> Thank you very much.

All right, we're now ready for the staff report. >> Item number 13, consolidated annexation 5502 Wake Forest Highway. >> Thank you, Mr. Mayor, Mayor Prom, honorable members of council.

I'm Aaron Kane with the Planning and Development Department, and I'm happy to be here with you tonight. 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 affidavit of all notice are on file in the planning and development department. 33 acres and located at 5502

Wake Forest Highway. This annexation petition is for a non-ontiguous expansion of the corporate limits, though the request is contiguous to an existing satellite. The applicant has also requested a zoning map change to commercial general with a textual development plan to allow for future development consistent with CD zoning zoning and the restrictions on the proposed development plan. Properties are currently designated mixeduse neighborhood on the place type map.

The proposed CGD zoning is generally consistent with the place type. If the proposed zoning is approved, there will be no change to the place type designation of mixeduse neighborhood. Thank you. New staff and the applicant are here for any questions.

>> Thank you for that staff report. Colleagues, are there any technical questions for staff before we open the public hearing? >> Council member Cook. >> Thank you.

Um good good evening. Happy new year. >> Happy new year. >> Um I would like you to just talk about the consistency issue with the new UDO. >> Okay. >> Just can you just explain it to us one

more time that it's going to be inconsistent with the new UDO as it's going to be written? That was my understanding from the planning commission meeting >> that was going to be inconsistent with the new UDO. >> Yes. So if the zoning if we didn't make the zoning map change tonight >> and the new UDO were adopted that this project would then be inconsistent with that zoning.

>> So yeah, the for for technical reasons, the planning commission public hearing was a year ago. So we're a lot obviously a lot farther in that process now than we were then. Um and we have refined a lot of the things we're going to be doing with the UDO moving forward. Um my recollection of that conversation was that you that the and it be the if you were to approve the zoning tonight, we would not consider it inconsistent with the new UDO. Um, we have refined and defined and I might turn to Sarah for any of these

specificities. Um, but we would not consider it inconsistent. It might not get a zoning district of the new UDO because with a development plan, we would keep that commercial general with a development plan zoning on the site. But but I don't think we'd consider it inconsistent.

>> Sure. Good evening, Sarah Young. It's important to also remember that at the time when we first drafted the new zoning map to go with the new UDO, a lot of what we were doing was translating the future land use map, doing kind of a straight translation and not necessarily taking into account kind of casebyase issues. Certainly, as council makes decisions on cases, we continue to update what the map is to reflect what you all's will is through your approvals. So, it may not necessarily comport with what our original translation from the place type map was. Uh, but certainly if that if the council were to approve something, the new zoning map would be reconciled to match

that. >> Yeah, I that makes sense. But I I would imagine that that would be pretty much what everything it would be all and I it was just interesting because this case particularly there was like a lot of conversation around the consistency piece and that's why I thought that there was something more going on because >> um if that's the case then we should have >> that would be the same conversation we would be having with every other annexation specifically. >> That's exactly resoning.

>> Um okay. Why did it take a year for us to get it? There were some technical issues with the extension of water and sewer lines getting the suds uh the summary utility development statement completed as well as the utility extension agreement. Um it was an engineering issue and that once that was addressed we scheduled it for council >> and that's normally not done before planning commission hears it.

>> Sometimes it is sometimes it isn't. It just depends on um how how that's tracking, how that's able to get done. It often is done before planning

commission, but not necessarily. >> Okay. I don't have any further staff questions. Thank you.

[clears throat] >> Just one follow-up question on that. Um so this is conversion. This would be a reasoning to CG with a development plan. Mhm.

>> Um, so under the new UDO, assuming everything moves forward uh smoothly, under the new UDO, the new map, um, it would no longer be the same uh, requirements that are under the existing UDO's CG requirements. It would be under the new requirements of the new UDO unless they started moving forward with some sort of site plan immediately. >> Correct. They if they were to submit a site plan prior to the effective date of the new UDO, they would have what's called permit choice.

>> Yeah. >> Yes. And they could go under the new the old rules or the new rules. If they submit a site plan after that date, they'll be subject to the new rules, but they'll also be subject to the development plan. Thank you.

>> Any other? >> All right. Thank you. So, at this time, we'll declare the public hearing open.

How much time do you think you need? >> Three minutes. >> Madam clerk, five minutes, please. >> And thank you, Mr.

Kaine, for your presentation. Good evening, Mayor Williams, Mayor Pro Tim Cavayo, and members of the city council. I'm Neil Go with the Morning Star Law Group at 700 West Main Street, and I'm here on behalf of the applicant and owner of these properties, Les Brulliard. Uh Mr.

Brulliard and his wife have owned this property for about 25 years. Um they're not seasoned developers, though Mr. Brulliard is a real estate broker. Uh the point is that uh they understood that one day development would come to this area and they invested in this hard corner uh because of its location. It's their desire to reszone the property and make it marketable as a commercial

opportunity as part of their retirement and estate planning strategies. Uh the request is to reszone to commercial general uh to allow some services at a key intersection in a location that has seen a lot of residential development. There is no current plan for the site, no enduser, no prospective tenant. However, we're hoping someday that it will provide some retail.

Obviously, with all the residential development in the area, this will be a good location for a small commercial use. uh right at the corner. 3 acres in total and so it will likely be a small oneoff operation. We actually had three neighborhood meetings for this project, but that's mostly because of changes in the process and timing issues on our end. Um, as you've heard, we also had a fairly significant delay related to the UVA. Um, we really had not heard from a whole lot from the community until the last neighborhood meeting and really, you know, I think that was mostly frustration with the notification

process rather than the zoning itself. Uh, the planning commission recommended approval for this request by a vote of 5 to three and as I recall it was a fairly short hearing. I think that reflects that while the textual development plan might leave some questions unanswered, the reality is that a small commercial use at the hard corner of 98 and Kemp Road simply makes a lot of sense. Um, there's really not a whole lot more to it.

I'm happy to answer any questions you may have and hope to have your support tonight. Thank you. >> Thank you so much. I will start with our online speakers.

All right. Um, this is Vicky King. Can you hear me?

Vicky King, can you hear me? muted. >> Can you hear me now? >> There you go.

Uh, welcome. You have three minutes to speak on item 13. >> I will not need three minutes. I I feel that this piece of property should not change doning uh because of the residents that are close by.

I feel that there's already too much traffic on Highway 98 and at the intersection of Kemp Road and that this would probably slow down that flow even more. Thank you. >> Thank you, Miss King. [clears throat] Next, I have Penny Mazize.

Penny Mazize, can you hear me? >> I'm sorry. Nope. Stop.

Never mind. That's a different item. That's the next case.

All right, I'll now move to our in-person speakers. All right, I'll call up uh yeah, two speakers, Donna Standback and Pam Andrews. in your clos

How do I lower this down? >> Is there a way to lower this down? I'm not that tall. I don't know how to do it.

>> Tina's got it. Tina's got it. >> Thank you. >> This is how we This how you know.

You come up here a lot. You know how to work the podium. >> She's my She's my helper [laughter] tonight. All right.

Good evening, everyone. Pamela Andrews, Wake Forest Highway. Um I want to just I'm Go to the next slide. Um, the orange star here is a small mechanical mechanic shop.

They've been there forever. The red star is a Triple Crown Farm entrance and exits. The yellow star is this site. Perry's farm is just south of the charter school that's there.

And Howard's Place is the blue star. Across the street is a big development that includes a golf course and a development. It is a very, very busy intersection. Yet, no fire and EMS station has been built in the area.

Slide. Next slide. Um, the property sits on top of this hill. If you go up 98 highway, it is proposed RD in the new UDO with limited commercial. The area needs purposeful commercial. The

business needs to be identified so the community can have real input. Next, while PRD recognizes the need for commercial in the area, I want to show you a few images of wrecks that have happened in close vicinity to this property. We continually bring up the dangers of Highway 98 along with the increased traffic volume due to the 68 new developments approved or pending. A new fire and EMS station is needed and has been promised for several years.

So, can you flip through those, Tina? Thank you. One more. All right.

Um, the new run totals just came out this last week. Engine 8, which is in our areas of 1,673 calls. Engine 17, 101 calls. Ladder 17, 704 calls.

And there still is no ladder truck at station 8. They service our area and there is a lot of activity. Next, since 2020, over 22,000 dwellings have been approved in southeast Durham. Over 50,000 additional people will live in southeast Durham. Where is the much needed infrastructure? There are no

scheduled city of Durham or NC DOT roadway improvement projects in this area per the zoning map report. Next, the environmental environmental concerns always exist in the TRIC basin soils of southeast Durham. This property will likely be clearcut followed by blasting that run the runoff will flow downhill to this pond that you see here. The drainage from this pond leads via the spillway down the hill to the tributary which then flows to Lit Creek.

This tributary was slammed with sediment leading to two neighborhood sites receiving fines and a stop work order which was a first of its kind. in March and September of 2024. This tributary and the environment deserve better. When asked about the erosion control methods that would be used, no answer was really given at the meeting, which the community finally attended because we finally found out about this and attended that last hearing, which is why 19 people showed up.

Adding more traffic to this highway is not the answer. Leaving an open invitation to development under commercial general is alarming. We need commercial out there

with all these 20,000 de developments, but we need it to be purposeful development, not an open invitation. Thank you. >> Thank you. Next, Miss Stanbeck.

>> Good evening, Durham City Council. My name is Donna Stanach. Um, my address is on file. I live in uh three miles or so from this location and I use Highway 98 on a regular basis.

This is where I was raised. Um so my concern is also that it is open-ended and it has [snorts] so much traffic and it's so backed up and we need defined development in this area. And I was going to go over the numbers because Pam had to go through them

uh more quickly, but you can see here is the picture of the Little Lick Creek uh drainage. What Highway 98 does is kind of run through the middle. So, there's only um three major highways that would take traffic from the feeders uh and all this new development. Those are Highway I 85, which wouldn't take as much, and US70 and Highway 98.

And Highway 98 is the only two-lane highway. And um as Pam stated, it has a lot of issues. So looking at the growth within the urban growth boundary for Southeast Durham for 2020 to 2025, you see that there are uh total approved dwellings is 20,000. I'm just going to round up. And the

additional population is 46,000. and the vehicles per day is 155,000. So, um that's a significant increases to what you're seeing and it's the reason why uh we brought up issues and done traffic studies with uh Highway 98. Now, with the pending developments of 2020 uh dwellings and uh additional population of 5,336 and 18,835 increased vehicles. The totals are like a small, not a small town, a a regular sized town, a mediumsiz in North Carolina with the total dwellings being 22,374 and the additional population of 51,461 and the increased vehicles per day of

173,970. So this area has received a lot of neglect as far as the uh especially 98 and US70 and um thank you. >> Thank you Miss Stanach. >> All right.

Those are all of the speakers that I have. Would you like to respond Mr. Applicant? >> [clears throat] >> So, I just want to respond to one of the things or a couple of things that we heard.

Number one is, you know, the idea that this is some sort of blank check for development on this site. It's very clearly not. It has a textual development plan that eliminates several uses uh from possibility here. No, I can't tell you if it's going to be a CVS, a Sheets, a mechanics of Farmers Bank, a Chipotle. I don't know, right?

But I can tell you that it won't be nightclub, payday lenders, commercial dorms, sh you know, electronic gaming operation, firing range, car wash, all those things have been eliminated. So, this isn't just a blank check for development. The development plan also contains some very important information about how the site will be accessed. Um, it's a ride in, right out on off Highway 98.

Full access is allowed off Kemp Road. And so, it's pretty clear how the site will be accessed. Those are the only options that are available. Um, it also provides for a 10- foot wide shared use path on both the south side of 98 and the east side of Kemp Road.

And we have accommodated the bicycle and pedestrian committee's uh request here by committing that the that shared path would be designed to maintain its elevation where it crosses entrances to the property. So to suggest that, you know, there hasn't been a lot of thought given here. I think that's that's false. Um, with respect to the traffic numbers

or traffic situation, uh, I think you guys have probably heard um, retail falls rooftops. So, that's not to suggest that there aren't trip generation numbers for retail uses, but the idea is here and in any, you know, location that you're not exactly adding traffic to the road network because of a development. you're capturing pass by traffic that already exists. Um, so you know that that's why this corner is attractive for commercial use.

Um, and I think I'll leave it right there. Thank you. Happy to answer any questions you have. >> Thank you.

These are all of the speakers that I have for this case. So, at this time, I'll declare the public hearing closed and back before the council. Colleagues, deliberation. Uh, Council Member Kobach, I'll start with you. All right. Council member Baker, Council Member Bur, Council Member

Wrist. Did have one question for staff um from Mr. Kaine. >> So, just make sure I understand on on the transportation um question.

So, so in the zoning map change report, you report current roadway rate capacity and latest traffic volume and and average annual daily trips, right? That's the metric use. And then there's also additional presentation about number of trips generated by the present designation, those generated by proposed and that's in that's in vehicle vehicles per day. So, help me understand the sort of like the how do I translate average annual daily traffic and vehicles per day? is that [clears throat and cough] >> so and and John Sandor may be a better person to address this but yes so there's a simple formula well I don't know how simple it is but there is a formula to determine based on the roadway its uh configuration the number

of lanes the type of classification that it has as to what its capacity is um and that's shown in a as well as the volume numbers um those uh especially on a road like NC98, NC DOT will take traffic numbers um generally every two years they try to get out and do those traffic counts. Um and that's what we're reporting here. >> Um >> I guess my question so how's vehicles per day different from average I mean I know average annual daily traffic you take all the trips in a year right divide by 360. Well, annual so it's annual average daily trips, >> right?

>> So there's there's a there's an the the AADT is based on counts. Okay. So when you see on the staff report latest traffic volume that's based on the most recent counts. It's an average over several days that the counts were taken. Uh the roadway capacity is based on the type of road it is and about how many

daily trips it can handle. When we look at the number of trips in the next section as the vehicles per day, that's based on the modeling of the current zoning and the uses expected in the current zoning and the proposed zoning and what the uses would be there. And there is a uh there is a model there's a formula there. John can speak to that much better than I can.

Um but that's that's the difference between the two. Yeah, I would I would say the AAD numbers are kind of the the global the macro side of things and the vehicle per day numbers are the um >> projections based on >> projections the micro projections based on this particular site. >> Okay. And so so for the for um for Wake Forest Highway so the the the data here shows that the current roadway capacity is 17,700 average average annual daily trips. Right.

>> Correct. That's that's the capacity the the the the model capacity of what a road a typical road like this can handle on a daily basis. >> And then the latest traffic volume then is 15,000. So we're we're >> we're getting right.

Yeah. And so then under the traffic generated by proposed designation, it shows daily 2,116 vehicles per day. So if you add that to the average alien daily traffic, you're still you're bumping up against capacity, but you're still within the capacity is what you're saying. >> Correct.

>> Correct. Okay. Thank you, >> Council Member Cook. Um, I just can can you just clarify there's going to be a 10- foot multi-use path already.

I there's some confusion to me about what maybe the BPAC folks were asking for as opposed to what is already in the project. And this might be an applicant question too. I'm not sure who would be >> so wants to BPAC generally asks for a 12 foot multi-use path. We require a 10-ft

multi-use path. That's usually the difference you're seeing in these staff reports between what BPAC is asking and what we're required and staff is willing to accept. >> Okay. And that but it's along the same front edge that was requested.

>> That that's correct. And the other thing that BPAC has asked for is that the 10-ft multi-use path remain at the same elevation across the entrance. That and we are accommodating that in this. >> Okay.

Yeah. Great. >> Thank you. I don't know.

The for some reason the like directionwise of that was confusing to me. Um, see if I have any other questions. I I think those are my questions. I just also want to say I know you said that it was a 5-3 vote.

It was a 5-3 vote. There was one person absent. So there was only four four votes in favor at the planning commission. Just wanted to clarify that.

Thank you. >> Um, thank you. Um coun um yeah council member one I do want to say I I want to recognize the applicant I know the BPAC

I'm a member of BPAC as as I think staff said often ask for 12 foot wide multis path I think 10 is usually what staff are asking but I know BPAC also asks for the crosswalk at the level of the the remaining of the level even it goes across traffic and we don't often get that so I appreciate you being willing to make that uh the right the raised crosswalk keeping pedestrians at the level the multi-use path while crossing I think that's a big that's a that's important piece. So, thank you on behalf of BPAC. [snorts] >> Thank you. Um, Mayor Prozer.

>> All right. Thank you. [clears throat] >> All right, colleagues. I uh I I don't have any questions regarding this one, but I will on the next one that may be similar.

Um, but in that case, I'll go ahead and read this motion out. All right. I'll entertain a motion to adopt an ordinance annexing

5502 Wake Forest Highway into the city of Durham and to authorize the city manager to enter into a utility extension agreement with Leslie L. Brulliard and Paty A. Brilliard. So move >> second.

It's been moved and properly seconded. Matter clerk, please open the vote. I need uh three more people. No, I I voted this time.

Two more. I I did not vote. I'm sorry. Is everyone kabayo and cook?

>> Sorry, I didn't do it. >> There we go. All right, please close the vote. >> Motion passes 5 to two with council

members Baker and Burus voting no. >> All right. Thank you. >> [clears throat] >> Also entertain a motion to adopt an ordinance amending the United Unified Development Ordinance by taking property out of residential rule, residential suburban 20 and false Jordan watershed protection overlay district B county jurisdiction and establishing the same as commercial general with the textual development plan and falls Jordan wershed protection overlay district B city jurisdiction.

So moved. Second. >> It's been moved and properly seconded. Madam clerk, please open the vote.

>> Please close the vote. >> The motion passes six to one with council member Baker voting no. >> All right. And lastly, I'll entertain a motion to adopt a consistency statement

as required by North Carolina General Stat Statute section 160D-605. >> So moved. >> Second. >> It's been moved and properly seconded.

Oh. Um, madam cler, please open the vote. Please close the vote. >> The motion passes unanimously.

>> Thank you so much. will now receive the staff report for item number 14. >> Thank you, Mayor Rims, Mayor Prom Cabierro, and honorable council members. My name is Andy Lester. It's good to be with you tonight. 381 acres and located at 0 and 2553 Chadwick Place and 2530 and 2518 Burton Road.

This annexation petition is not contiguous to the primary corporate city limits. The current zoning is residential rural and residential suburban 20. 905 to allow up to 120 townhouse units. The properties are currently designated mixed use mixed residential neighborhood and established residential on the place type map.

905 zoning is generally consistent with the designated you place type. If the proposed zoning is approved, there will be no change to the place type map for res mixed residential neighborhood and established residential. Thank you. Staff and the applicant are available for any questions.

>> Thank you, colleagues. Any technical questions for staff before we go into public hearing? All right. At this time, I'll declare the public hearing open. How much time do you think you need?

I don't know more. Um, [laughter] seven minutes I guess. >> Please put 10 minutes on the clock. >> And thank you, Mr.

Lester, for your presentation. Good evening again. I'm Neil Go, attorney with the Morning Star Law Group, 700 West Main Street in Durham, and I'm representing the owners of this property on the request for reszoning and annexation. Um, at first glance, it might not seem like it, but this is actually an infill project.

Yes, it is a satellite annexation, but the community behind us or to our east, I believe it's called Glen Forest, is actually on city water and sewer even though they're not within the city limits. Uh, and when we talk about why infill projects are good or why satellite annexations are bad, one of the things that comes up is the avoidance of leaprogging development and overextending utilities. So, it's interesting because in this case, you don't have those issues. The city [clears throat] utilities are already right there both in Chadwick and in Burton. So this is a satellite annexation in name only. At almost seven

dwelling units per acre, it represents the densest development in the area. I know some people might view that as a bad thing, but the comprehensive plan is aimed at densifying within the urban growth boundary to stop the proliferation of further sprawl. He proposes a maximum of 120 units on about 18 acres of land. And this is really efficient use of land especially when you consider some of the significant profers they have given.

First they have limited the maximum impervious to no more than 38% of the site when the UDO would normally allow for 70% impervious here. They also have committed to limited impacts to existing steep slopes on the site. We've committed to no mass grading on the site which means that the site will be developed in phases where each phase serves less than four acres at a time. And what's important about that is that under the UDO, projects which do do not utilize masquerading are not subject to tree coverage requirements. But we have treated this project as if it is not exempt from tree coverage requirements. Um and

5% tree save. Uh this project is well above the required tree coverage limit, you know, which is zero in this case. 5%. We also have a significant contribution to DPS or D public schools $60,000 considering that the project is calculated to result in only two additional students over the base zoning and they've committed to green building standards using native plant species.

They also have addressed the comments from uh the bicycle and pedestrian advisory committee having committed to multi-use path and raised crosswalks at the entrances. Also, they have a strong affordable housing commitment for a project of this size. They've committed to 10 affordable units in the project. And that's not a percentage of the overall units. It's 10 units. Um, so at a full buildout of 120 units, 10 units is a little bit over 8% of the overall

units, which is more than most projects and definitely high for a project of this size. And when we went to planning commission, we had already agreed to handle the 100red-year storm with our permanent storm water measures, but community members asked for that same commitment to apply to the temporary SNC measures during construction, which I thought was an astute technical point, and we have added that commitment. Um, another thing we heard from from the planning commission was about the boundary buffer of which we were showing none consistent with the UDO. To be honest with you, I've been a bit confounded uh that despite recent changes to the UDO which which eliminated project boundary buffers between like uses.

You know, planning commission members still insist on having them in many cases and the policy direction is a little unclear. That having been said, our team did look into boundary buffers and we're prepared to commit to providing a 20 foot wide buffer along the northern and southern property lines. Um, we have a graphic development plan. So, we would show that

graphically on the development plan. It is not currently on the development plan. Um, as I understand it, there also will be a buffer or streetscape rather along Burton Road. Anyway, um, and I did want to point out that to our east, a buffer would be quite detrimental.

Before I was involved with the project, one of the bigger sticking points for a previous council was access to Chadwick Road. It's difficult to see on the map, but there actually is a strip of land 1 ft wide that goes across our Chadwick frontage and down the east side of the assemblage. Um, we don't know why this strip of land was created, but it effectively cut off our access to Chadwick and also all but ensured several existing lots to our east would remain landlocked. My clients, again, this is before I was involved in the project, they did a lot of leg work to determine who the owner of the land was, and they acquired it so they could address the previous council's concern related to access to Chadwick and potentially freeing up those landlock parcels to our east. I give them a lot of credit for that task,

for taking that task on. Um and that 1-T strip parcel uh that is included in this version of the project which required a fair amount of revisions to accommodate that access. Anyway, the point is that the folks who are east actually want access to Chadwick Road or that extension that runs through our site and a boundary buffer would be inconsistent with that desire. So, we don't want to put one there.

In some I think this is a well- thoughtout project with an unfortunately tortured past, but the applicant here has been responsive to council concerns, community input, and policy direction. The project is consistent with, I believe, 23 out of 27 applicable policies, which is about 85% and some of the ones that were inconsistent with cannot really be addressed by us. Uh it is a strong infill project with robust environmental profers, responsible infrastructure and building commitments and a strong affordable housing component component rather. We hope to have your support tonight and thank you. Our team is

available to answer any questions you may have. >> Thank you Mr. Apple, Mr. Do.

>> I will uh now acknowledge our online speakers. First person, Penny Mazize. >> Miss Mazize. Um, Penny Maize.

Can you hear me? >> Yes, I can hear you. Can you hear me? >> Yes, I can.

Welcome. You have three minutes. >> Thank you. I'm Penny Maize.

My address is uh on record. First, I'd like to address the property density of this proposed development. The density is much higher than the other surrounding areas. The proposed town houses are in the middle of single family houses on both sides of Burton Cheek and Glenn Forest. And um to quote the planning commissioners, and I may butcher his name, I apologize.

Nick Kushner, the density is proposed would be too great a burden and detract from the character and aesthetics of the rural area. Its proximity to the voluntary agricultural distance district is a half mile. Rural residents are not appropriate. Uh rural residential areas are not appropriate for this type of development.

Six town houses per acre which is is very much in congruent with the rest of the surrounding community. Uh, also I'd like to note that this is not within a 15inute walking distance of stores, jobs, and businesses. Um, the comprehensive plan with [clears throat] uh addresses rooted and connected communities. And I won't go through all of that, but the proposed zoning map change designation is not contiguous. It's not within existing community character. There are no businesses and

schools within two to five miles. 4 miles west. There's no existing sidewalks or bike lanes in the vicinity along Burton or Cheek Road. And so this essentially is urban sprawl.

Um it's car centric and there's no parks. So thank you sir. >> Thank you so much Mace. Next speaker I have Michael Wilburn.

Can you hear me? Michael. >> Michael Wilbborne. >> He's here.

>> I'm here. >> All right. Welcome. You have three minutes.

>> Good morning, sir. I mean, good evening, sir, and good evening, everyone. Um, good evening. I want to speak briefly to what the gentleman said while ago that's the that was telling about uh

representing to develop our guest. I live at 2601 Arsley Drive. I'm one block from Chad Place. I'm still on a whale.

Uh my son is at 2515 Arsley which is in Glenn Forest. He's still on a whale. There's several people on this street that's still on whales. I don't know what the name of the subdivision is on Burton Road that they're building to I guess it would be to the north of us if you go out of Denmore Lane, but they're doing blasting over there now.

They got a big rock out there. They're blasting. We're really worried about our whales over here because if they have to blast up there where they this is proposed, we're going to have blasting on both sides of us. And I just wanted to make a quick statement about some other stuff.

And I'll be very brief. I'm worried about the traffic count. A lot of the neighborhood here has small children. I'm worried about all this traffic in the neighborhood.

A lot of us walk. We walk with small children. Unfortunately,

I'm older now and I can't walk with small children. My children are grown. But we have a lot of small children in the neighborhood and I'm worried about this impervious water runoff. We're very very close to Falls Lake within a mile or two miles from Falls Lake.

I'm worried about all this runoff and pesticides going into the lake and it's very concerning to me and I hope you guys will take that in consideration. We're out here in the county. We got to leave some I I have no problem with development. We got to leave some of Durham rural.

We have to have places for the wildlife and stuff. We going to keep on We're running them out of their homes. They've got nowhere to go. We're killing them on the streets.

I'm not a tree hugger. I'm not a wildlife hugger, but I'm just thinking about everybody and would ask that you please, please consider that when you make your decision. Thank you. >> Thank you, Mr. Wilbornne. Next speaker, Mary Wilkins.

[clears throat] Mary Wilkins. Um, Miss Wilkins, if you can unmute yourself. >> Mr. Mayor, Miss Wilkins is not responding.

>> Okay, I'll come back if need to be. Uh, last speaker I have is Katie Ross. Hi, Miss Ross. You have three minutes.

>> Mr. Mayor, Miss Ross is unmuted, but we can't hear her. >> Katie, can you hear us?

Miss Wilkins, are you there? Miss Ross, can you hear us? We can have tech just keep working with them. I'm going to move to inerson speakers and I'll come back.

All right, first few speakers. Donna Standback, Talage Leightton, Becky Hamilton. Yep. Just do it how you do it. Come on up. I have Donna Stanback, Thomas Leightton, Becky Hamilton, Rebecca Freeman, Tina Mley Pearson, Pam Andrews, Wanda Allen, Pam Williams, and Wanda Allen is twice

[laughter] and your preferred order. Okay. Pam injuries. Okay.

Miss Ross, can you hear me? >> Okay. Sorry. >> So, uh, Madam Clerk, >> I'm back.

Hello. Hello. >> Okay. Yeah.

Uh, there you go. Uh, go ahead. You have three minutes.

>> Okay. I I don't think I need three minutes. You got great comments already. So, what I wanted to talk about was this being a donut hole outside the city limits and creating a pocket of density out in a rural area.

And that contradicts the comprehensive plan. And the comprehensive plan contemplates density growing from the center out, not starting on the outskirts and coming in, which automatically makes things hard dependent because they're not near the center of town. I just would also say that I know a a lot of you quote or think you're quoting the abundance theory uh that I actually read that book and the idea is exactly what I said that density is centered in the urban areas for the reason to preserve

um the rural areas and farmland and all of that. And this is the opposite of that. It's not what is um stated as the goal of the comprehensive plan and it's not what any of you have stated as your goal. So I would ask you to again comply with the comprehensive plan and to reject this uh donut hole development.

Thank you. >> Thank you Miss Ross. Miss Wilkins, can you hear us? >> All right.

Ready? Good evening, council. Uh, I'm Becky Freeman and I live in Southeast Durham and my address is on file. Uh, the proposed site for Sagewood Town Homes is an environmentally sensitive area.

It has two streams and one in the northern area and the second stream is on the western part of the properties along the entire frontage uh, road frontage on Burton Road. Both streams are significant. Both require 100 foot buffers on each side. The only egress

and ingress points for vehicles to access the property are both crossing these streams. 1 acres of wetlands in four acres impacted by this uh proposed or this project. We're asking for uh commitments on certain environmental things. Tonight we are asking for that there be establish um that they establish a strict environmental monitoring referencing the EPA Virginia best practice.

would like for them to maintain a 100 foot undisturbed undisturbed stream buffers to protect and provide habitat for our wildlife and erosion impact. If you have competed comp committed to no mass grading, which I understand that's what you're seeing tonight, we're asking that you commit to no clear cutting of all the properties at one time, leaving exposed soil for erosion. We're asking for tree preservation at 30% per phase of the development. We're asking for minimum of 30 foot property buffer with 6 opacity. It's

2. Requesting no variances or waiverss that to riparian buffers, tree preservation, tree removal, or impact to wetlands. 12 acres of wetlands. Wetlands are used by wildlife for shelter and additional forage.

There's already enough flooding in this project project area reported by neighbors and removal of wetlands increases floodings. We want a commitment to no blasting that impacts neighbors wells and increases sediment and runoff and impacts topography and the slopes. 9 million to clean up creeks and lakes that were um as a result of the construction runoff. Thank you so much.

Thank you. Next. >> Good evening. Pamela Andrews, Wake Forest Highway. Um, I want to talk about

tree preservation first. Uh, damaging the streams and wetlands comes with huge consequences to the environment. The tree preservation is required is 20% per the zoning map report. That's what's in the zoning map report.

09 900s acres of extra tree save. This does not exceed in our opinion. The strange the stream buffers account for all the proposed tree preservations acres required. This is not acceptable.

Flooding will increase. Sediment laden creeks will flow into Panther Creek which flows into Falls Lake. We also ask for commitment to no variances as Becky said in the wetlands and buffers which has been the case in many times. All stream wetland and steep slope buffers should be undisturbed.

21 acres. Thank you. Neighbors already suffer from flooding issues in this area. This these are my photos of a

friend's home. This is a friend's drive on Burton Road with massive floating with every rain. 8 8 acres clearly will simply increase the flooding problem. The e the Southern Environmental Law Center recently published the following.

Wetlands prevent flooding, improve our water quality, and protect wildlife as well. Saving the wetland protects our communities. When it rains, our wetlands act like natural sponges that absorb flood waters. Lowering flood levels and slowing the rise of waters downstream, a life-saving combination for North Carolina.

5 million gallons of water. So when developers and industry destroy wetlands, communities lose flood protection. Damaging the wetlands will cost millions of dollars to dock to property damage. 1 acres of cumulative four cumulative wetlands to be spared and protected, not destroyed. 30-foot boundary buffers should be provided to the neighbors within RS20 and RR. Even planning

commissioner Montes stated that the developer needed to provide these buffers for the neighbors. 2. This is not acceptable. Tall town homes towering over single family story homes would leave no privacy to residents.

I have an elderly aunt and uncle that live at the face of this project. They deserve better than this in their late 80s. They deserve better. Blasting, no buffers.

It's just it's just inhumane. Not to mention this is rural residential area. Thank you. >> Thank you.

Next. >> Hi, I'm Wanda Allen. Happy New Year to you guys. >> Happy New Year.

It's good to see you. >> And my address is on file. I live near this area and my family actively farms this area. On September the 9th, 2025, the planning commission did not

recommend this proposal. That meeting included council member Matt Copac as shown on the slide. 9 would be surrounded by on both sides of Burton Cheek and Glenn Forest by single family homes. 9 which highlights a significant density mismatch.

Planning commissioners stated it well. The density as proposed would be too great of a burden for this area. This site is surrounded by active I said active agricultural including eight present use value farms and five voluntary agricultural districts. There is concerns about traffic entry

and exit, particularly on how this development would affect the neighbors emergency access and overall public safety. When combined with farm equipment regularly using these roads, the project creates health and safety risks. As stated by the planning commissioners, this type of development is not appropriate for this area. It does not meet the needs of the existing rural community and threats the long-term survival of the farms.

There is you guys real farming in this area and it exists today and I ask you to please vote against this and be please vote against it and protect us as farmers. Thank you. >> Thank you. Next. >> Good evening Durham City Council. My

name is Donna Stain and my address is on file. I am a lifelong member of this community that this site is in and have extensive neighboring family. Um, Sagewood is legally a satellite and the services are more than just water and sewer. uh from the planning department regarding policy 165.

This proposal is not contiguous and with existing city limits and would create a new satellite portion of the city. See the map there? 9. 0. services like

police, 911, EMS, and fire will be strained by this highly dense development and confusion of service providers and being on the outskirts of the area. Um, this policy 165 also says that annexation into the city limit should not be considered with a when a that should only be considered, excuse me, when substantial benefit to the community can be demonstrated. As you've heard from the community, we're not seeing benefit. 1 says that the quote the area must be so situated that the annexing city will be able to provide the same services within the proposed satellite corporate limits that it provides with its primary corporate um limits. Now uh we have experienced

substantial growth. I presented this slide earlier but essentially we've got total dwelling new dwellings of 20,000 of and 54 and the additional population now of 46,125. If we have not extended our services and and we have not seen them being extended that this will cause a considerable lack of infrastructure in these areas that are needed. The fire the EMS was not even covered in the budget analysis call center 911 police sheriff medical hospital school capacity and the grids. Um this uh strain with uh such a high density PDR is will make things worse and and in

Thank you. >> Thank you, Miss Tamck. Next. >> Good evening all.

I appreciate y'all being here. and listening to our plead. Uh, I want to make sure you understand that I am against this project as designed. Um, I do appreciate them looking at a 20ft buffer around the project, but we are asking for a 30foot undisturbed buffer around the project with the 06 capacity and to add trees to it existing. Now, there's trees around the property as you can see. 3 I mean uh 38 uh% impervious then why can't they provide more trees around the uh property boundary property to provide for the neighbors to provide for the wildlife as we have seen in many other developments where they provided a 20ft buffer or even a 10-ft buffer or whatever that buffer only means the

house or townhouse can't be built in that 20 ft. We're asking for 30 feet undisturbed uh buffer and um we have several properties where at the property line of page poke on dot nichls and the property line of the Ericson's they came up they dug down 20 feet 15 feet straight down at the property line that is what we do not want we want undisturbed 30 foot buffer and a6 um opacity again even the commissioners on the planning committee said that um that should be provided for these neighbors around this property. Um here are some examples of I know he's saying 20 20 foot buffer. He never said what opacity for the 20ft buffer.

Here's a 10-ft buffer shown here. Uh please look at how scarce that is. This is not acceptable for this rural community. Also, um, you know, we don't really know

what they're building in these town houses. We know that these town houses are only going to be 16 ft wide. So, how is this really benefiting this community? What this community needs is, yes, something affordable, but something with bedrooms downstairs so we can take care of our family or our parents when they cannot live in the the uh the homes.

Now, this is a older community and we need something where older people can maybe move into a community like this, but 16 foot wide uh town homes, 1,600 square foot lots are very minimum. Also, uh previously it had been stated that there's no garages here. So, everything will be uh parking and again this is autocentric. But the main thing I'm I'm pushing right now is for the 30 foot undisturbed 6 opacity and with 38 uh% impervious. I

don't understand why that can't be provided for these neighbors in this community, but I do not agree with this high density. Thank you. >> How are you? Uh, good evening.

My name is Tina Mley Pearson and my address is on file. We would like for you to commit to undisturbed stream buffers. If there is no commitment for undisturbed uh stream buffers, then up to 70% of the buffers can be used for clear cutting, grading, sediment ponds, retaining walls, sewer easements, drainage ditches, trails, etc. Buffer variances should not be allowed.

Let me draw your attention to the middle photo at the bottom of the slide. And you can see that this area that should have been left is a protected buffer but was cleared of trees and habitat for the sewer easement. Now the second part of this I'm just going to talk to you about EMS.

There's no slide for this. Um, so policy 119 says, and I quote, "Ensure new development within the urban growth boundary or within the established level of service for emergency services such as fire, EMS, police, and community safety. They state that they are consistent by meeting city code, but they're dodging EMS because EMS is not um provided by the city. EMS is provided by the county.

So I would like to ask, has EMS been analyzed? Policy 119 is important and recently the Durham County Commissioners have noted EMS services have been greatly lacking for years in Southeast Durham. If there is one EMS call at a time, it may be covered. But what about the higher probability for multiple EMS calls at a time when you're adding thousands of new residents in an area?

How long can you keep ignoring the lack of EMS services in Southeast Durham? I know Durham City Council is responsible for city decisions, but EMS is a huge concern with lives at risk. And as a thought experiment, do you think it would be fair if Durm County commissioners were able to pass annexations on property that needed utilities provided by the city, assuming the city would be would provide services without an agreement? No, it wouldn't be fair, nor would it be responsible.

The county and city need to work together so that there are adequate services for the citizens of Durham. Please consider lack of EMS services before adding more housing to an area that is already struggling to keep up with all the growth. Thank you very much.

Good evening. Thank you for listening. My name is Betty Hamilton. I live on Patterson Road.

I am just a member of the neighborhood. I wanted to bring to your attention the traffic situation. Uh the traffic between Burton Road and Cheek Road has increased 16% from 2021 to 2023. There have been nine crashes at Cheek Road in Burton during a three-year period.

It is a four-way stop. The annual traffic Annual average daily traffic is 4,679 with the last traffic count. It's anticipated with this project an increase of 864. The entrance and exit to this project is within a very short distance of this

four-way stop at um at Cheek Road and Burton Road. We have um just seen an grand opening sign for Carpenter Falls. We've seen about three other things that are being considered. We'd like for you to look at and not pass this until a traffic impact has been done because if you go out at any time during rush hour you're going to be caught in traffic.

It's a challenge and if you want to know the challenge I would suggest that you go from Cheek Road, Burton Road up to Highway 98 and on out to Wake Forest because it is a severe traffic problem at this time. You continue to put more projects in. You're going to continue to have more traffic and at some point we're going to have to turn and go to Creedor to get our groceries. Thank you.

My name is Townage [clears throat] Leightton and uh I live in this community a mile or two away from where the developer is. cuz I own a farm within a mile and a half of it. And I uh began farming in 1965 at when I graduated, but a year before I graduated from Southern High School and uh took up full-time farming. And I don't ever remember anybody that deals with traffic or problems a development of this side's going to cause for agriculture, but I'm pretty sure they haven't in this area because they would have they would have talked to me.

But I was roughly figuring what it took in a day time for me to go harvest a field of hay and get back. We will make 15 trips from my farm to the field and back in order to harvest one one field of hay. Now, this will

have happen over several a couple of three days, but tractors only go about 12 miles an hour. The mowing machine I have is about 14 foot wide and with the traffic on the highway dodging mailboxes getting into the oncoming traffic to go around a mailbox takes a little while to get a mile and a half or two miles up the road and I will be the hours that I work go through two uh rush hour traffic times and I can see people backed up me behind behind me for quite a while as I drive up the road two or three miles to get to a field to harvest it. And the more traffic it is, the longer it'll take. And I don't think there's been anybody done any studies as to what how this agriculture will affect traffic or how traffic will affect the agriculture that we're trying to do. And I just

would like for you to think about agriculture at least one more time a day than the three that you think about it now. And uh we have we you realize we're going to have to keep raising crops in order for us to eat. and to cause the problems that some of the development is doing. I would ask that you consider the cost you're putting on agriculture.

Thank you very much. >> Thank you so much, Mr. Leon and all speakers. I want to try again.

Miss Wilkins, can you hear me? [cough and clears throat] Miss Wilkins, if you can hear me. All right. Um Oh, there we go.

>> Welcome. You have three minutes. Thank you. My name is Mary Wilkins and I am a president in this community that's being talked about. The first thing I want to do is applaud all the people that have spoken to them. They have had

very very good reasons and things that should really be. I submitted a list of things that I was concerned about and so I won't go into all this but I'll be very brief and say that not you need housing. I'm not against development but we don't have infrastructure to take care of we don't have the medical facilities. We don't have the EMS.

We don't have the schools. We don't have the the rooms. We don't have anything. I have a friend who has at the hospital in the emergency room for days waiting for a bed.

When you try and get a doctor's appointment, you can't do because we keep developing and bringing people in and we're out burning and addressing infrastructure. It's traffic schools. It's the water and sewer. It's it's EMS. It's the you name one.

Uh we have a wonderful volunteer article that they cannot handle all of these developments. We are going to be at the mercy of whatever. I just want you guys to stop and think that infrastructure needs to come before the development and funding for the infrastructure should be there before any development is approved. I I really don't want to see town houses in this area because there will be no policy for members.

Although I know concerns that have been addressed are very significant and should be looked at for our care. So thank you very much. >> Thank you Miss Wilkins, Mr. Goch.

I did want to just say so there was a speaker who said they live off of Arsley and they are still on well and septic and to be fair that might be the case but I do also know for a fact that there is city water and sewer in Arsley um and there's city water and sewer through those streets we are in fact pulling city water and sewer from Chadwick which we have frontage on and Burton which we have frontage on. The city water and sewer infrastructure is there. It is absolutely possible and obviously seems to be the case that some people who live on those roads might still be on well and septic as we heard. But the point I was making is the infrastructure is there.

This is not overextending the infrastructure to some farreaching area of the city. Um the city infrastructure or city utilities are already there. Um there are two streams

near this property. One of them goes through this property and the other one actually doesn't and we wouldn't be crossing it but we would be impacting the riperian buffer. And I just want to make that that clear. Uh Chadwick, the existing road already crosses the stream and the buffer for that stream overlaps onto this property.

Now I know this is a different city council, but when this project came to city council previously, some of you were on it and one of the main hiccups that they had was that they weren't able to connect to Chad because they didn't have that one foot spike strip parcel as part of the uh as part of the project. Um, now that we do have it as part of the project under the UDO, we would have to make a connection to Chadwick, which means we we would any development, one house would have to uh impact that riperian buffer there, but but it's not a stream crossing. So, I wanted to point that out. Um

the there was a lot of uh and to be fair I'm not sure I quite understood it. There's a lot of talk about undisturbed riparian buffers. I mean the riparian buffers are generally speaking undisturbed except where there is the crossings that we're talking about outside of that. I mean there are some things that are allowed in stream buffer but they are it's an undisturbed stream buffer.

I mean, that's what it's that's what that's called, the riparian buffer. There are exceptions to it, but and I couldn't speak to whether any of those exceptions would apply here, but generally speaking, the riparian buffer is is referred to as an undisturbed riparian buffer. Um, you know, I I think this project is, like I said previously, very well thought out. We are at 38% impervious, which is quite low. Um we have uh committed to handling the hundred-year both in the temporary and the permanent state. We have a robust affordable housing commitment and it is

a dense project but you know that is in keeping with the direction and policy that we have we have taken directly from the comprehensive plan. I I cannot go without saying that the project, and this is in the staff report, is consistent with 23 of 27 applicable policies. That's a lot. And the ones that they're not consistent with have to do with well it being a non-ontiguous annexation, which it is.

That is that is absolutely the case. Um then uh not being within a half mile of a public park. True, there is no public park out here. also um not having design commitments related to accessibility for all age groups.

Uh one of the things that's challenging on this site is its topography. Um I've worked on projects where we've been able to make commitments related to having some number of homes that you can enter at grade on this site. We don't know that that will be possible on any of the units. So we haven't made that

commitment. And uh the fourth item relates to um the public amenities not being available on the site essentially that these are that the open space would be privately held. That is also true and you know I think we've had some conversations on this um or I've had some conversations with council members about why that's the case on nearly every project. Um, so you know, the project is is I think it stacks up really well against the town or the city's adopted plans and um, you know, I look forward to hearing your feedback.

Our team is available to answer your questions. Thank you. >> Thank you. Those are all of the speakers that I have for this case.

At this time, I'll declare the public hearing closed and back before the council. Um, Mr. Kobach, why don't you start us out again? Um, madame clerk, I I'm hearing some feedback.

>> Hold on. Hold on. Uh, council member, we're going to take a 10-minute break. Um, I don't want to get us into discussion and go past the 9:00 mark.

So, uh, we are recessed until 9:04. I came [music] to the city to develop leadership and supervisory skills. I stayed because of the city's culture and [music] dedication to serving residents. The city of Durham, where careers meet community. To connect with a [music]

gov/careers. I [music] came to the city for the great insurance and retirement benefits, but I save for the stability and vacation time. [music] The city of Durm, where careers meet community. gov/careers.

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All right, thank you all. Let's get back to work. We had just ended the actual public uh the uh public hearing and it was de declared closed. We're back before the council at this time.

Uh and Mr. to go back. I'll go ahead and start with you and I'll come down that way and then to the other side. >> Just get setting up again.

Getting set up again here. >> Thank you, Mr. Mayor. I wanted to start with a question for the applicant and then also a couple technical questions for staff that [snorts] were surfaced during the course of the uh public comment.

So uh thank you Mr. Goch. Um to start uh I want to see what your response is to

some of the requests that you've heard uh particularly around the 30-foot uh undisturbed buffer and if that is accepted does that allow the opportunity for more tree uh save than is currently committed because it would be in that buffer area that was not originally provisioned for when this came before planning commission. I I guess when we first were sent the uh the report of this case. >> So, um I've been talking with Tim here um who's part of the civil team uh about some of the things heard. Thank you, whoever did that.

Um about some of the things that we heard. I wanted to um refer to this image so we can all make sure we're on the same page. Um it might not be all that apparent but these parcels generally I think from here down these are all landlock parcels and I

just want to bring that up because what this one of the things the project does is it will extend Chadwick down this way and that's relevant to your question because it's related to the project boundary buffers. I mentioned it earlier but I I figured a visual might be helpful. This is where we wouldn't want a project boundary buffer because that would be inconsistent with the desires of these property owners to our east who are hoping to become un unlandlocked. So just want to put that out there.

Now where we are talking about having buffers is along this southern edge and along this northern edge. Um, there also will be a streetscape along Burton. That's I mean, in other words, a buffer. But just to be clear, what what I'm what we're talking about, what I'm talking about rather, is the along this northern edge and along the southern edge, what kind of buffer can be provided in that location? Um, so a 30-foot undisturbed buffer, we we

won't be able to provide an undisturbed buffer. Um, I think I mentioned that there is a lot of topography on the site and it's going to require some earth work. And one of the other things that we've committed to here, which frankly from the conversation that I've heard, I feel like might have been a mistake to commit to because it doesn't seem like anyone actually cares, is that we are not doing any mass grading. If we were mass grading the site that would actually give us some more ability to u I guess contour the site and provide some undisturbed buffers but because we are not masquerading the site you know we have to manage each phase separately and that means that we we really can't commit to an undisturbed buffer. Uh however during the break and you know since we've been talking uh I think we are able to commit to a 30- foot wide buffer on that southern and northern property line um where where I indicated and and this is a graphic development plan. So we would show that graphically on the plan uh as a as a revision if

that's what the council would approve. So there would be a 30 we could do a 30-foot buffer. " A question I can't answer. You know, we're sitting here in city hall without all of our tools.

But in general, I think that the answer is it might be slightly more tree coverage because of the increased buffer. 5% to I think the figure someone mentioned was 30%. I'm going to go out on a limb and say no, that's not going to be 30% tree cover. I don't know what it will be.

>> And so in terms of understanding the opacity and that desire, uh is there any commitment you can make there or would it be >> 6 opacities? Yeah, I didn't mean to try to they're they're talked about two ways in in the uh UDO with an opacity. When I say 30 foot buffer, I'm talking about a

point 6 O. That's just what it is in the UDO. So yeah, I mean 6 opacity, 30 foot buffer. >> All right, thank you.

Um and then a couple questions for staff. The first is just trying to understand some of the concerns around I've heard concerns around environmental sensitivity um you know of some of these areas. But when I look at the comprehensive plan, what I see is that the proposal aligns with the um uh with the policies, you know, 79, 84,85, the ones that deal with environmental sensitivity. Um, you know, can you help me understand where some of that distance dissonance may be coming from and also how to think about it where we are now versus what would need to happen at site plan?

>> Sure. regarding the policy 79. Um the way that we view that is because the UDO already

has standards for certain environmental features. Um if you meet those requirements, you're consistent with like steep slopes or repairarian buffers. So that's sort of how we view those specific um policy instances within the report. Um, regarding your second question, do you mind rephrasing or rephrasing that?

>> Just understanding the because it seems like some of the decisions we made at site plan versus at this stage and how to think about variances that could be allowed at that stage versus what is known and committed to now. >> Well, there's so with the reszoning, we're looking at sort of the 30,000 foot level for the site. Um within the EDO there are instances where you can impact repairarian buffers um that's sort of predicated on state law that the UDO sort of mirrors. So within the UDO you are allowed certain ways to impact streams mainly their utilities or um storm water infrastructure can impact

that um but generally speaking buildings parking cannot. Um so that's sort of how we we view that. The other question has to do with policy 165 and you know hearing difference of opinions about the the services that will be provided uh or not based on this being pegged as a donnut hole but yet there uh is existing city water and sewer. Um I think that was sort of generally agreed upon, but there was a question of other services that are provided by city and county and whether those are accounted for and will be provided.

Um you know you know or would that be additional service levels, additional investments that need to be provided because of uh it being a um you know kind of a donut hole. And so curious about, you know, 165 the donnut hole, but also policies like kind of 11718 about kind of what those impacts are. >> Yeah. So there were no impacts

identified by fire, police, solid waste, uh transportation planning. Um I know policy I think 1719 references EMS. Um we currently don't have a mechanism to account for that in our current um procedure. Um I know late last year we have been in talks with EMS to try to sort of come up with a formula that aligns with what we do with our city services.

Um, so I know that's one of our goals this year, um, with our increased bandwidth that we have, but um, currently we do not account for it, but that is one of the goals of that policy that we will we will tackle in the future. >> Okay, thank you. >> Yeah, go ahead, M. >> Thank you. Mine's just really quick. I would just like to know because I remember the one foot random parcel and I just was trying to remember when we

heard that case and so if either the applicant or or the >> it's a little over a year ago I believe. >> I think it was spring of 24 is when that came to you >> when they came. But did they come before that too? >> When was that?

>> October 23 >> that I'm not sure >> it was about two years ago. I have all of it up. It was October 2023 the first time. um sent back to staff, came back to council in January 2024.

The applicant asked for a continuence and it was heard by us February 2024, sent back to planning commission. >> Okay. >> That Yeah. >> Yeah.

There we go. >> For some reason, I had a memory of it being many, many years ago. Like literally, I was like, I think that was in 2022, but it was not. >> Council member Baker, >> a couple questions for staff here. Um so the this is an interesting case because um it is surrounded by neighborhood low density rural neighborhoods um that are not part of the city but

they do have water and sewer. There are water and sewer lines that run up the the streets. >> Correct. >> Are are all of those homes tapped into the water and sewer?

Oh, I do not have the information on here. >> Okay. >> Um, so part of the reason why I'm asking this question is just out of curiosity and interest in sometimes if there's some leapfrog annexation that occurs. It encourages and we can anticipate um land owners, uh homeowners in between that leapfrog and more central parts parts of the the city choosing to annex in because now they have sort of access to to water and sewer um that they can tap into and therefore would want to through that annex into the city and get those get those city services, pay those city taxes. And I'm just curious here because if everything surrounding this case

is in the county, will remain in the county, doesn't have much incentive to annex into the city because they already have water and sewer, um they would have much less of an incentive to to uh to annex in into the city in that case. So, but we don't have the answer to that. So, um just just a question that I had. Um I also just wanted to ask a question.

There was an interesting dialogue that happened um between some of the folks who came and spoke and um the applicant about the undisturbed buffer and I just want to get some clarity if we can. Um there was a there was a claim of can you commit to an undisturbed buffer and then the applicant said um that it is pretty much already required just the 100 foot buffer. Is is that the case or are there some is there some dis can can the buffer actually be disturbed? It just can't be developed in that's that's the question that I have.

>> Sure. Those um that is correct. The UDO

allows for certain intrusions into stream buffers. Those are typically utilities um storm water devices or greenway 12s. Uh buildings and parking envelopes are not prohibited within the stream buffers. >> Okay.

So buildings and parking cannot go into the 100 foot stream buffer. >> Correct. >> But certain other things can >> can go in. Okay.

>> Just wanted a little bit of clarity around that. >> Um and that's that's what I've got for now. Thank you. >> Council member Burrus.

>> Question for the applicant, please. So just want to revisit the question around ADA accessibility in terms of like just saying the topography would make it difficult but you also have committed to do the raised sidewalk. So just want to know just could walk me through a little bit more about like your ability to do it the entrances but will you be unable to make the um entire sidewalks for the subdivision or whatever you all the town home division

out there 88 accessessible? I'm really kind of concerned about that at this point point. So the sidewalks throughout the whole community will be ADA accessible. So just >> build at grade to allow people to with wheelchairs to be able to easily access the housing.

>> Right. Right. So so so on some projects I've worked on, we we're able to make a commitment that says 5% of the homes will be accessible without the use of stairs, which basically means you can get through the front door without having to go up a set a set of stairs. because of the topography of this site, we don't actually know if there's going to be, you know, how many of those we'll be able to provide, if any, which is why we haven't made a commitment in that in that vein, right?

Um, it really has to do with making up the grade as you're building the site. So, the the an individual home isn't required to be accessible by wheelchair, you know, under current ADA standards. All of the infrastructure will be ADA accessible. So the sidewalks, the roads, you know,

any um open space areas, that type of thing, that's all ADA accessible. That has to be each individual home can vary and we just don't know uh if we'll be able to provide any significant number of homes that have atgrade entrances. >> Okay. And then my next question is around your um profiter for affordable housing.

So can you tell me is so your logic for the 80% AMI and maybe not like in the more to me that gives like workforce housing so more that mid-range could you explain to why that wasn't the opportunity and then also are these going to be rental units or are they going to be like for actual ownership >> for all right these the project is designed for ownership um and the 80% AMI is consistent with the definition in the UDF for affordable housing on for sale units. That's why we that's why we're there. >> Okay. And then my final question around that.

So if I buy this property and then I decide to sell it, that throws away that negates the affordable housing component to it. Or >> if you buy one of the affordable units, it will be deed restricted. So if you

buy it, you're buying it subject to a deed restriction that it will be affordable for a period of 30 years. >> So if you sold it after 30 years, you would the the affordability restriction wouldn't apply. If you sold it or anyone that you sell it to sells it within the 30 years, it is still through a deed restriction going to be an affordable unit for 30 years. >> Okay.

Thank you so much. >> Yep. >> So, one quick question for staff. Um there was a question about um roads.

Can you remind me on this one? Was a was a TIA required on this or not? >> None. None was required.

>> Okay. And remind me. So those are required when under what conditions? >> I believe uh John said 150.

>> Good evening. John Sander, planning and development. Um TIA is triggered at 150 peak hour trips. Uh which this one off

the top of my head I think it was like maybe 67 somewhere around there. So well short of that peak hour requirement. >> Okay. Thanks, >> Council Member Cook.

>> This is a staff question. What is the I thought the definition for affordability was at 60% AMI. Am I correct in the UDO? [snorts] >> That's correct.

>> Okay. That was just a different thing than what you said because I know that it is price restrict. It's incomerestricted housing, but it is not affordable as defined by our UDO, which is a 60% AMI. >> Nope.

The UDO has two definitions. If it's for sale, it's 80% AMI. If it's for rent, it's 60% AMI. >> Yep.

>> Yes, that is correct. At for sale, it is at 80%. >> Okay. Thank you. [clears throat] Um, I don't have any other questions,

but uh, I think this is going to be an easy no for me. This is the third time we're seeing this. Um, it's been planning commission twice. It's failed at planning commission overwhelmingly twice.

Uh, there were only two votes in favor this time around. There's listed again a third vote in favor, but that was someone who didn't receive an excused absence who wasn't there. Um, and made sure to note that in our written uh, comments as well. Um nothing has substantially changed since planning department.

Um we're not seeing any major additional offers. Um this project also lapsed uh which was due to the applicant not following through with the application for several months. Um it doesn't feel to me like it is the right project. It's It's like we've tried to take this project and like rework it and rework it and rework it over two years.

Um, and it just doesn't feel like it has ever gotten there. Um, we put our planning commission in place. I know that they're not binding on us

and I know that we have had many conversations up here about their levels of expertise, but we do vote on all of these members of the planning commission. Um, and I take their uh I take their recommendation. not all of them. We vote on our city side, but I do take their recommendations seriously.

Um, and I don't see that this project has come back with anything that's going to uh drastically change my mind. So, it's going to be an easy no vote from me. >> Thank you, Mayor Pro. >> Um, I'm good for now.

Thank you. >> All right. Thank you. I had a few uh comments and and I if a member does not show up to a meeting on planning commission without an excuse absence um it is by nature determined as a yes vote. Um

um Mr. Mayor if I may clarify. So if someone if someone does not come to a meeting even if it's an excused or unexcused absence they are simply not voting. It is only when someone attends the meeting that's attend leaves >> if they don't get an excused absence when they leave then they are considered by procedure a yes vote going forward.

>> Yeah. Um and that and that's I'm glad you stated it correctly on the record. I I want to make sure that everyone understands how that works. Um, so I I've been going back and forth about this one.

Um, and I've been thinking about the just the commentary from the residents as well and I I want to just put it out there that you know there there is this is an infield project. Um, but I am also empathetic to uh Mr. lat who spoke about you know just farming I

know that there's a lot of discomfort that is that is happening because it's happening on the line of transitioning uh from rural to you know from urban to suburban and uh that that is you know uh sort of the nature of the beast that we're dealing with right now um I can appreciate the no blasting I can appreciate the no mass grading because that was you know we had that policy that came forward for inspired by the speakers who were here tonight. Um, you know, we we took that up, you know, and and we talked about the the elevated cost and the development process if we make this uh this this this and we agreed to this. And so therefore, we talked about water erosion, tree preservation, um you know, phase development of the site. And I'm seeing a lot of that in this um some things are are you know like you know EMS yes EMS is provided by the county so we do have to work with our county colleagues on

that. However every firefighter just about I believe is is trained um and has EMS certification and not everyone most of them and that's something that we take pride in which is why anytime you call 911 our fire department is probably going to get that before anyone. uh we respond with all of our resources at hand. Um [clears throat] so I I I I know there's some people that listen to the scanner and they listen to every single phone call all day and they post every single call that comes out and it's really really really scary.

Um but we have resources and we do respond. Um and there was a comment made earlier that you know you have to build the infrastructure first and then you can bring the people. Government doesn't work that way, you know. And I think uh I forgot who stated it, but you know, uh retail follows that that's as a business owner, I'm telling you, I'm not going to put a restaurant in the middle of a field and wait for people to come. When the people are there, then I'll put a

business there, you know, and that and that's that's just basic logic, you know, uh in my interpretation. Um I did have a question about the roads. Um, are these I and I and I apologize I didn't do this part of my homework up front um before tonight, but are these city on roads or state on roads? >> Burton is state and cheek is state when you get a little into the development.

Was it Chadwick? I believe >> Chadwick. Yeah, >> that's a city street. >> Okay.

>> Yeah. >> All right. So, another thing that we're sort of, you know, uh, it's kind of the nature of the beast is [clears throat] working with our state on these roads. Uh, it it is it is it is pretty much a nightmare. Um, and I I we talk about not sprawling, but if we don't, you know, abide by by this urban growth boundary and these infield projects, the things that we said we

want to promote, then we are by nature are going to just simply sprawl even more. uh because it's going to be more single family uh and we're going to continue to battle the demand that we have with single family housing. Uh it it I look at government as a jigsaw puzzle. You know, it it's you're you're you're moving things around, but you have this parameter in which you have to work in.

It's not like you're uh you know, selling something and making a significant amount of profit and then you budget that to just have this little amount of housing over here. Um we pay for things through taxes. We generate taxes through the tax base which is when people are paying their taxes. So if pe if folks are moving here which that's what's happening in the triangle.

Um you know we're going to be able to expand and we're going to be able to share that burden. But if we just continue to make it exclusive, it's only going to get more expensive and we have to make that choice. And for me uh with five seconds left, it leans more positive than negative. So I'm

going to support this project. All right. >> Uh, yeah, Council Member Cook. >> Yeah, just quickly, I want to make sure that we're really clear because you said a couple things.

I just want to make sure that the no blasting was rescended. So, there is no longer a no blasting part of this application. So, just to make that really clear because you said you appreciated that commitment. It does not exist.

>> Not that's fine. >> Okay. Um, and then the other >> because you guys don't know that you're going to be able to blast or not. Okay.

>> Right. Okay. >> So, that was committed. It has been uncommitted.

It was committed by a different different representation. Is that >> It wasn't It wasn't attorney Gosh, but um it is no longer a commitment. And um and then the other piece of this is that we keep calling it infill. And I just think this is a really interesting term because it is literally creating a satellite.

It's creating a donut hole. And this is goes against our comprehensive plan policies. Um, I I understand that there's like some kind of like interesting components of this, but we I do not think that we can sit

here and authentically call it infill. That's not what it is. Um, so just wanted to note those two things because I think they're really important moving forward in this case. >> Thank you.

Uh, question for staff. How are we defining infill? Um, unless you're talking about uh specific infill development and infill standards that we have in our in town uh residential areas, there's not really a definition of infill. Um, this is a relatively subjective term.

Um, and I I would say that staff does not have an ability to say whether or not this is infill. It could be in some ways and not in others. Yeah, I agree. There are a lot of interesting factors about it. Um, but I I I again, it leans more um the good outweighs the bad on it. Um, I think about, you know, I heard a comment say,

you know, how we're going to take care of our families and make sure they have somewhere to live. " But I'm being as, you know, serious as possible and not trying to be snarky, but it's coming from someone who has a home, you know, and we have people that are moving here and it's becoming more and more competitive. And at the end of the day, you know, um I and I can get personal with this. I'm still hoping to get a home myself one day.

Um that doesn't mean I'm homeless. It just means I just want to be able to have that luxury. And uh I it's just I I think about that at the end of the day. I think about the people who are moving here and I think about the folks that are trying to transition into their own independency.

Uh so I think about those things when I'm making this decision. Uh it is bigger than me and and and so I I approach it in that in that that humble purview. So

all right. Yep. Go. >> Thank you.

Um, I'm still waiting. I haven't made up my mind. I'm waiting on what uh other what colleagues are saying. Um, I did want to say, you know, we we talk often the one thing that that I think is interesting is we talk about, well, we want the infrastructure to be there and I get that and I think that uh in some cases we did do that.

We did that with SURLs. That certainly didn't help Southeast Durham. Um, but then what happened is that the taxpayer paid for that infrastructure. The way we do it now, the developer pays for the infrastructure.

They're paying for the sidewalks. They're paying to connect. They're offsetting that cost of putting that large water treatment plant or treat uh the SRS facility. The developer has to pay that connection and it actually gets more expensive over time. Um and that is a fee that would fall on our water users and it is a fee that would fall on taxpayers to put those sidewalks in to build those fire

stations. Um, and so I think that that is uh just an interesting um a flip which was I I do wonder if people would say well we don't I mean we want the development community to pay for this infrastructure. Why are we getting stuck paying for it? They're the ones who are building.

So I just want to I I I think it's an interesting maybe conundrum. Uh the current way that we do often is is much of our infrastructure in in these kinds of projects are burden they developers paying for it not not the taxpayer. So, thanks. >> Uh, Council Member Copac.

>> Okay. Council member Rrist. >> Thanks, Mr. Mayor.

Um, thanks to my colleagues comments for the count comments in the chamber. This is um, you know, it's we've been in my two two years in the council. We've been here before in these kind of debates. It's the same I think it's the same debate. What's interesting to me is that, you know, um, given that we just got back from the holidays, I had so many conversations with folks who were back in town for the holidays, kids back visiting and so forth. And there's a

real concern among younger people about can I afford ever to live in Durham. This is a big conversation. I heard a lot a lot of conversations over the holidays. So, you know, this is a complicated case.

I do want to address the comments about abundance um that was referenced by one of the speakers. The mayor and I are part of the abundance elected network. Um I am one of the first class of abundance fellows. We are carefully looking at this abundance as a book as a sort of like a as a framework for thinking about public policy.

And the whole point of abundance is that we want to provide more of what people want. We want to deliver more of what people want in their communities. And that includes housing, it includes green energy and it includes transit and many other things, childare, right? And so to me in this case um you know we are we are the third largest city now in North Carolina.

Um, but I think we're the ninth largest by square miles, right? So, we're a little bit smaller than a lot of the cities in the state. Um, we've created a comprehensive plan, the mayor referred to that, that sees us getting denser within the urban growth boundary. So, there's a debate about is it infill, is it not? To me, what we're

doing inside the urban growth boundary, especially in a parcel like this that is designed to be a mixed residential neighborhood, is getting that whether it's infill, it's just getting denser, right? the UDO that we're now debating the new new UDO would envision more density in pretty much every zoning district in the city if I'm not if I'm not mistaken. Um Sarah may want to confirm that but I think we're looking towards getting denser in every residential district. Right.

Am I correct? Yeah. So so this would be denser. I don't think this would be like town homes towering over single family homes.

I think this would be a denser denser development. This is not a transit opportunity area. really dense, but it would be denser like we're going to get in every in every district in the city. So, um I think the town homes here provide needed diversity in housing.

There's a lot of single family homes out there. Um I think that I think the profer here and I if I if I'm correct, so the the profer is a 30-foot buffer on the northern and southern edges is okay. So that that profer that was the main issue I think that came before the or that was the main issue in the comments from the planning commission. I think

with that profer and the other the 10 10 units affordable whether you do 120 or less right you've committed to 10 affordable units that's a strong offer I think on balanced to me this passes the threshold for approval I'll support this project it's not perfect I know we've wrestled with this for a couple years but I appreciate the work being done by staff and and the applicant so I'm happy to support this thank you >> yeah thank you to residents staff and applicants on this one um I found this one to be a challenging one on planning commission as did many of my fellow planning commissioners and I find it a challenging one now because it is a balance of u the pros and cons that the the the project offers. um you know it has benefits in it that we don't often see that I think we want to see in more projects like that commitment of uh you know at least 8% of units affordable that that 10 units no matter what you know that speaks to me when I hear in

community about the necessity of affordability and housing availability as an environmentalist you know for me it's really important that projects are able to align with comprehensive plan around sensitive environmental lands uh protection of biodegra biodiversity, you know, the the no mass grading, um we don't have enough projects with green building commitments, um and the 100 water storm water. And you know, for me, it's meaningful that um we've seen the additional profers of the 30-foot um you know, buffer and opacity as requested and also um the commitment around the the storm water during construction phase, which was something that was shared a lot during planning commission. It was a concern of mine. uh as was the the the the concerns around the buffer. You know, there was also a lot of talk uh and I had concerns around this question of the of the donut hole. And I think it's an interesting I guess perhaps philosophical uh question if there's not a definition of of infill, but it's a helpful clarification for me to see that

um you know there is the city uh water and sewer available as well as other services that do exist. And so it isn't an added cost. uh you know to taxpayers as sometimes donnut holes I think that's the reason we have a policy around donnut holes is so that we don't encourage that additional annexation the additional t taking on of expenses around services and so that that makes me think differently of course like you know I'd love to have no projects have stream crossings or impede on on on you know on stream buffers and I do hear the concerns around the traffic um and you know and I get like folks don't would rather not see something different where they live than than than what's there I mean you know, my neighbors have advocated in the same way where I live. Um, but at the same time, the comprehensive plan says very clearly that this is a site where it's intended to have more density.

Uh, and where town homes is is a recommended approach per the vision of our comprehensive plan. And so, for me, this is a tough one. It's one that I voted no on planning commission. I was on the fence then. for

me given the additional profers this evening the 30-foot um you know the additional storm water provisions and for me the clarification around the um the the policy where I don't see this fitting the traditional definition of a donut hole uh for me I think it makes sense and helps promote our comprehensive plan or need for housing protects our environment in the way that we say we want to and so it's hard for me to maintain that no vote uh and so I it's a project that I can support All right. Um, did you have another Okay. I And I I'll just close with this. I I as I was listening to my my colleagues comments, there's also an economic case uh for me as well.

Um, one thing I've heard a lot about over the holidays as well as everywhere I go across the city is how much taxes are kicking everybody's butt right now. Uh, we did this land valuation, the county did the land valuation by law. They had to. and um you know uh a person that's a local um resident who is also a builder

uh just paid the city $90,000 more than double what they paid last year. Um and and I think about you know when the budget season that's coming up and I think about all the bright ideas that we the seven of us are going to come up with after listening to different organizations and different people. we should have this, we should have that, you know, we should have uh you know um all the things. Those proposals are going to come to the city manager and he's going to have to figure out how to make it work.

And we survived quite a few years without raising taxes because we had such growth that was it was so aggressive. But we've had to make some really big purchases. I'll use transit for example. It's about 17 $18 million. Um, that's a lot of money, you know, and those big, beautiful, creative ideas, innovative ideas cost and we have to find a way to pay for it. We're either going to pay for them with us who live here in Durham or we're going to share that expense

with people who are moving and going to get, you know, participate more in the property tax side of things. And so I I do take that in consideration. Um I I can't you know you know I of course listening to all of the uh concerns around just this one case but I think about it broadly philosophically um how we pay for things and and and I think about you know Miss Sally who is 77 years old not going back into the workforce owns her home but she's struggling to stay there because we are promoting so many new things and it's we're we only have one way to really pay for it and that's out of the tax base. But if we're going to be restrictive in the tax base, then the tax base has to either either pay more or we're going to have to share that by the people who may move into these 120 units.

And that is just the reality. That's the jigsaw puzzle that I've been talking about. Uh so it is important that we do balance all of the very important things that we've talked about here tonight. Uh but at, you know, at the end of the day, we

have to make that choice. Are we going to house people and invite them into our tax base to help us pay for the things we want such as transit, such as unarm response such as, you know, all the other things that we put in the budget or are we going to pay for it ourselves and are we going to complain that things are getting more expensive and it's harder to live in Durham? That is the reality. So, I think about that as well.

Um, that being said, I'll I'll go ahead and entertain a motion. >> Mr. Mayor, I'm sorry. I've got one.

>> Yep. >> I know I know the uh the uh conversation is winding down, but that did just bring up one more question for me that I that I have um that I think is applicable to more than just this case. Um that I would like to ask staff. Um the costbenefit analysis. I'm just bringing this because you were talking about taxes. So costbenefit analysis which we have in our packet um has projected uh revenues

and projected expenditures um and then they are provided by fire, police, public works, solid waste, transportation. Do those departments help provide those numbers or is there just some basic formula? And do satellite annexations did a cost of having to cross from city into county back into city. Does that play into um the costbenefit analysis?

>> Sure. So each department has their own formula in terms of what will be a a cost or revenue uh based on um a specific project. Um, territory is mainly used by fire and police in their analysis of revenues and expenditures. Um, what that actually is, I don't know. They they they hold it. Um, planning distributes the the proposed uh fiscal impact analysis to

all six departments and they provide budget management services, their projected revenues and expenditures and then >> so they do they do provide input. Yes. The departments do. >> Yep.

Okay. And >> that's captured in the memo. >> Thanks for letting me ask that question. >> Yep.

And there was a comment, Mr. U. Leighton, where you talked about just the quality of life of farming on this on this border while also there's significant growth that's happening. I'll commit that I'm going to look more into that with staff uh just to just at least a quality of life analysis of or assessment because that I mean I I know exactly what you're talking about.

I grew up in Scotland, North Carolina. Uh, and tractors on the road was a normal thing, you know, on a two-lane road. Um, but there is a lot of growth that's happening out in this part of Durham, Southeast Durham. So, um, I'll commit to looking into that and seeing, you know, where is the farmland and where is the growth and what what is possible, which I don't know what that is right now, but

I will look into that. All right. I'll entertain a motion to adopt an ordinance annexing Sage Brook town houses into the city of Durham and to authorize the city manager to enter into a utility extension agreement with Capital City Homes LLC. >> So moved.

>> Second. >> It's been moved and properly seconded. Madame clerk, please open the vote. Please close the vote.

The motion passes 4 to three with council members Baker, Burus, and Cook voting no. >> Thank you. 905 false Jordan wershed overlay district B city jurisdiction. >> So moved. Second >> been moved and properly seconded. Madam

cler, madame clerk, please open the vote. >> Please close the vote. >> The motion passes 4 to three with council members Baker, Burus, and Cook voting no. >> Thank you.

And lastly, I'll entertain a motion to adopt a consistency statement as required by North Carolina General Statutes Section 160D-605. >> Move to adopt consistency. >> Second. It's moved and properly seconded.

Madam clerk, please open the vote. Please close the vote. >> Motion passes 70. >> Thank you all so much and welcome to Vanuary.

I forgot to talk about that earlier, [laughter] but uh you don't you don't have to, but if you will uh join myself and council member Wrist and the uh vegan recruit of Dr. Vorhees and going vegan for the month of January. [laughter] And if you had dinner earlier, you can

start after tonight, colleagues. Thank you. >> We're journed.