M I am officially calling this meeting of the durm city council to order in order to Faithfully discharge the business of the people of durm uh in accordance with Statute in our city Charter I will be assuming the gavl tonight as mayor protm as his honor the mayor is traveling and on City business and we wish him well I want to say good evening to all of my honorable colleagues uh to the staff everyone in chamber with us here tonight and everyone watching on whatever platform you may be watching thank you for being with us tonight I'm going to ask if you would please join me uh in a moment of silent meditation thank you so much at this time I'm going to ask council member Freeman to lead us in the Pledge of Allegiance thank you it's our practice to stand to salute the flag as we St a
pledge United States America stand na jice thank you so much Madam clerk would you please call a roll good evening everyone and thank you Mr presiding officer mayor Williams has been granted an excused absence on August 5th presiding officer Middleton here council member Baker here council member cabayo here council member cook here council member Freeman pres and council member rist here thank you thank you uh Madam clerk we have two uh wonderful ceremonial ceremonial items this evening the first one will be National Recovery month Proclamation a proclamation for National Recovery month and that'll be uh presented by council member Baker and then we will have a proclamation for Jack and Jill and Carol Robertson day and that will be uh presented by council member Freeman in that order council member Baker
good evening everyone whereas Behavioral Health is now recognized as an essential part of one's overall health and well-being the cost of not encouraging mental health and substance use recovery is significant for individuals families neighborhoods and community at large and whereas recovery from mental and substance use disorders occurs every day through a iety of prevention recovery support resources and treatment programs people in recovery strive to achieve Healthy Lifestyles stable homes meaningful daily activities stronger neighborhoods and contribute in positive ways to the larger community and whereas people with untreated mental and substance use disorders are at high risk for many unhealthy and unsafe behaviors including alcohol or drug misuse violent or self-destructive behavior and suicide and whereas to help more people achieve and sustain long-term recovery the recovery
community of Durham rcod invite all residents of Durham to participate in National Recovery month and support those in recovery and the programs that help them now therefore I Leonardo Williams mayor of the city of Durham North Carolina do hereby Proclaim September 2024 as National Recovery month in Durham and recommend its observance to all citizens witness my hand corporate seal of the city city of Durham North Carolina this third day of September 2024 inard Williams thank you so much council member Baker was anyone here to receive that Proclamation that we should be acknowledging all right thank you so much council member council member Freeman thank you and I'll just ask if anyone's here to receive this Jack and Jill and Carol Robertson day Proclamation if they would like to join me up here and I'll take a moment to
just thank all of the residents and our community that are involved with Jack and Jill I know there's a lot of volunteer hours that are poured in on behalf of those very young little people who grew up to be very active adults so thank you so we as and I'm sorry I have with me I am Stephanie Ebron Durham chapter historian and javanna Lewis Durham chapter program director thank you and I thank you for being here tonight whereas the Derm Derm is a city that believes all children deserve to be educated in a nurturing environment that provides opportunity inspiration and resources to become successful citizens and residents and whereas the people of durm value education civic responsibility cultural awareness healthy living and social engagement amongst its Children and Families durm acknowledges the importance of community activism to empower our future leaders and whereas
durm continues to strive for for a just Society where all of its residents are valued for their diverse perspectives and contributions and whereas the durm community recognizes the importance of inclusion and equity and building a strong community and during these Changing Times we call upon all derite to encourage education advocacy and participation towards Equal justice for all of our children now therefore I Leonardo Williams mayor of the city of Durham North Carolina do hereby Proclaim September 2024 as Jack and Jill and Carol Robinson day or Carol Robinson month and Derm and recommend its observance to all citizens witness my hand in the corporate seal of the city of durm North Carolina this the third day of of September 2024 and if you'd like to share on behalf of the Durham chapter of Jack and Jill celebrating his 77th year
in existence and on behalf of our chapter president um I would like to thank you for this Proclamation and just a reminder that city of Durham is very important to Jack and Jill we are all members all Duram mites and we work for all children thank you so much and I was a kid growing up Jack and jail had some of the best parties I ain't go to none of the meetings but but the parties parties were thank y'all so much and thank you council member friends at this time now I'll turn to our executive leadership for any priority items they may have at this time I'll yield to our city manager good evening Madame manager forget scratch that at this time I'm going to have announcements by my honorable colleagues uh on the council and I'm sure they do this holiday
weekend council member cook I'll yield to you first thank you uh thank you I don't have any announcements but I would like to request an absence for this Thursday ah had a death in my family so not going to be present so I got it um thank you so much and and our deepest condolences to you uh and your family uh colleagues uh we'll I'll pause now to entertain a motion to excuse our our colleague uh to Tender family business I heard a um okay I heard a motion second heard a motion a second um Madam clerk would you please open the vote there it is please close the vote and Report out the motion passes 6 to zero thank you council member our hearts go with you council member Baker council member Freeman thank you just um uh note to my
colleagues the uh Town Hall that was held on August 22 was a good first step and I appreciate um council member cook and council member Bing Baker making it there I know that council member cabier and council member uh riss were at another event and and uh I did let folks know that we were trying to keep it tight in an hour and so I will let you know that we are doing the follow-up session of more of a listening since they couldn't ask as many questions as they'd like um this Thursday at Holton and you can feel free to be there or not it's okay but um I will be um in attendance on Thursday at Holton 6: pm. and then um the next uh town hall meeting will be September the 26th and that will be at at uh I'm going to say this wrong Edison Johnson recreational center on uh Murray Street near The Life and
Science Museum and so just to put that out there I'll make sure our clerk has that information as well I was able to confirm that today thank you council member council member C please sorry council member Freeman can you just repeat the second date September the 26 it's a Thursday thank you you're welcome thank you much council member R good evening uh none of this time thank you Mr proam thank you so much colleagues uh no announcements for me I do have one announcement on behalf of his honor uh I do want to just wish all of our residents happy approach of fall I hope you all had a restful Labor Day holiday I know we had some intense weather I want to thank our our team our management team here we had some some uh challenges um this past couple of days weather related but but this is D we got back on our feet so I want to thank all of our uh folk particularly in our emergency our response apparatus of the city uh for the great work they do best wishes to all of our kids who going back in school and to happy parents that have
com and residents and citizens and our neighbors can go to that website and learn more about that initiative uh with that that that ends our our announcements now I will yield to our executive leadership for uh any priority items and I will yield to our city manager good evening Madame manager good evening Mr Mayor protim members of the Durham city council I have a couple of priority items for you
this evening agenda item number seven the American Rescue plan act arpa agreement with Durham Housing Authority the additional information requested during the August 22nd 2024 city council work session has been attached and agenda item number 14 2024 second quarter crime report the additional information requested during the August 22nd 2024 city council work session has been attached thank you that is all I have for you this evening thank you Madame manager at this time now I will yield to our City attorney good evening counselor good evening mayor peram and members of the city council it's good to be with you the city attorney's office has no priority items this evening thank you so much at this time I'll yield to our city clerk Madam clerk good evening thank you Mr Mayor proam um the city clerk's office has no priority items this evening all right thank you so much uh to our leadership at this time I will now yield uh read our consent agenda as well as the rest of the agenda into the
record uh the items on our consent agenda are items that the council has had already had opportunity to treat and to deal with and do a deep dive if we choose uh at a previous work session all of these items can be passed with one vote however uh any item on our consent agenda can be pulled by a member of the council or by a member of the public who wishes uh to speak on it uh consent agenda consent agenda item one Durham workers right commission appointment item two Durham Planning Commission appointment item three housing appeals board appointment item four participatory budget steering committee appointment item five Durham poet laurate mayl appointment item six US Department of Transportation Federal Aviation Administration airport Improvement program Grant offer three - 37- 0056 d69 d224 2024 item number seven a res American Rescue plan act arpa agreement with Durham Housing Authority daj I pull that one thank
you item number nine interlocal cooperation agreement with the housing authority of the city of durm to procure and install security equipment item number 10 second amendment to contract between the city of Durham and Cornerstone On Demand Inc for Cornerstone Learning Management SAS Services item 11 First Amendment to contract agreement between the city of Durham and M cubed and company Global LLC item 12 application for great Trails State Grant American Tobacco Trail item 13 purchase contract with Bliss products and services Inc for the playground and surface replacement project at Sherwood Park item 14 2024 second quarter crime report which was delivered to us at a prior work session item number 15 contract with LEDs online LLC for power plus software as a service leads online item 16 plotbox Inc software as a service item 17 American Rescue plan act arpa project digital Equity delivers
Equitable durm item number 18 Microsoft Enterprise software licensing agreement item 19 resolution accepting a $1 million drinking water State revolving fund lead service line replacement no interest loan item number 20 2024 maintenance of utility easements item number 25 US Department of Transportation Federal Aviation Administration airport Improvement program Grant offer 3-37 d56 d70 2024 that ends the consent agenda under our general business for this evening item8 approval of Grant agreement with legal aid of North Carolina lnc to continue administering the eviction diversion program under General business agenda our general business agenda public hearings item number 22 Consolidated annexation Woodlands Preserve torage Road item 23 Consolidated annexation Woodlands preserve cobak Drive item 24 Consolidated annexation Le Valley and
that ends the reading of our agenda I have uh I Believe by my Reckoning mad manager item number s seven pull from the consent agenda so I will entertain a motion to approve the consent agenda without item number seven so moved I I hear a motion in the second Madam clerk would you please open the vote please close the vote and Report out the motion passes unanimously thank you so much I'm going to go ahead and dispense with item number seven uh now and then move on to our general business uh items public hearings council member C sorry uh thank you Mr Mayor proem good evening um I just had a couple of quick questions we had talked a little bit at the work session about um having some actual language in this agreement regarding any uh potential evictions that might issue I know that there was um that there is some uh
statutory requirements that DHA is the the housing isort is unable to evict people who miss a payment um in their payment plan uh but we had I had asked the representative at that time if the DHA would be willing to agree to Stronger language uh with regard to ensuring that there were no evictions after the city money had gone through and I was wondering if we were able to incorporate some of that language into this agreement good evening Bera wimbush Deputy city manager um I actually went back and watched the meeting and what we agreed to we thought is that we would refer to dha's policy policy which we do in this letter which has the stipulations around the um evictions the two Mis payments um without contact and so what we did is we referred to the policy in the in the letter okay thank you and so no additional protections outside of the policy that has written that is correct and we also have a Shanetta and also uh the C oo and Shanetta Brown and um of course the president CEO
Anthony Scott with us tonight thank you that was just a clarifying question on my part and then the other piece that I wanted to to hear was I know that we had had a very brief conversation too about um what would happen if we if DHA weren't was not able to use all of this funding um and I was wondering if we if there was any more details on that what we said at the work session is that D DHA would provide a proposal to us with how they recommend using the funding and obviously we're not at that point okay so that's going to happen after the fact yes okay thank you those are all my questions thank you thank you council member anyone else at this time I'll entertain a motion to authorize the city manager to execute an arpa subrecipient agree subrecipient Grant agreement with Durham Housing Authority DHA in the amount of $ 28,9 73 so moved second I hear a motion in the second uh Madam clerk would you please open the vote
please close the vote and Report out the motion passes unanimously thank you so much at this time now we'll turn to our general business agenda public hearings uh first item on our public uh for our public hearings is item number 22 Consolidated Consolidated annexation Woodlands Preserve torage Road and at this time I'm going to officially open this public hearing I'm going to invite uh staff to come and present their report please mayor proam we going to do eight at the the very end sorry we can do number eight at the very end legal aid ah okay it was under the separate to GBA all right I'm closing the public hearing sorry you move quickly though good practice stand down right we're going to go to item number eight which is also a general business item uh forgive me and Mr Mayor I would like to Mayor Pro time I would like to make a
motion at this time to recuse myself on this vote absolutely U thank you um council member um uh cook is recusing herself from this vote all right at this time I will entertain a motion uh to authorize the city manager to city manager to execute a grant agreement in the amount of $650,000 between the city of durm and legal aid of North Carolina to continue administering the the eviction diversion program by providing legal representation to low-income renters facing eviction due to late or non-payment of rent funded with dedicated housing funds so move second forther Motion in second Madam clerk would you please open the vote please close the vote and Report out the motion passes 5 to zero at this time I'll I'll entertain a motion to authorize the city manager to make necessary and Sundry changes to the grant agreement so long as the changes
do not increase the financial obligations of the city and the changes taken as a whole are not less favorable to the city so moved second I've heard a motion in the second Madam clerk would you please open a vote please close the vote and Report out the motion passes 5 to zero thank you so much thank you colleagues for the assist on that at this time we will turn now to our general business agenda public hearings item number 22 Consolidated annexation Woodlands Preserve torage Road this is a public hearing I'm officially declaring this public hearing open at this time we will now receive the report from staff good evening good evening may may pent Middleton honorable council members good evening I'm Andy Lester of the planning department it's good to be with youall uh 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 affidavits of all notices are on file in the planning department a request for utility extension agreement voluntary
7 acres and located at 1621 1701 1705 1709 and 17713 torage Road this annexation petition is not contiguous to the primary corporate limits but is contiguous to it to to an existing satellite to allow up to seven single family dwelling units the applicant is not seeking a change in the underlying underlying zoning District of residential Suburban 20 as part of this annexation petition a direct transational zoning is one in which the existing County zoning is translated to The Identical city um zoning District upon the annexation of the property into the city limits a translational zoning does not include a development plan and any future development May proceed according to what the zoning would allow the properties are currently designated establish residential in the place type map the proposed residential
20 residential Suburban 20 zoning is generally consistent with the designated Place type if the proposed zoning is approved there will be no change to the place type designation of established residential thank you staff and the applicant are here for any questions thank you so much this is a public hearing uh before I go to the G uh Gallery I'm going to ask if any of my honorable colleagues have any questions relative to this case for staff all right seeing none I'll invite the applicant uh on this item yes sir good evening how are you thank you for being with how much thank you for being with us how much time will you anticipate needing for your presentation um so I did not have a presentation I'm not Mr Carl Rist I'm here represent Mr Carl Rist on baitman civil survey we're the we were the civil engineers for the job so putting the work together sure will you need any time no sir none you just here for questions yes okay all right um
colleagues council member Baker please thank you thank you um so this is these are U I'm just going to go ahead and ask my questions for this case and also the next case because um they're right next to each other my question is this um these Parcels first question is how did these Parcels get subdivided previously and maybe maybe you can help me with that and my next question I think more directed to staff is these Parcels are a barrier or a buffer between um those each Road running north south and east west and the large parcel to the north which is on the future Place type map um mixed residential so the vision in the future Place type map is you know increased density mix of uses um mix of uses mixed type of res presidential have there been conversations between uh I'm not sure if you'd be aware or staff would be aware were there conversations at all between the owners of these parcels and the very
large parcel to the north about combining the parcels and master planning all of all of those pieces together because right now these Parcels are that sort of a barrier between that large partial and and the actual right of way no um yeah you're correct I mean the plan is to combine the parcels with the um subdivision I guess behind the parcels to generate a a continuation of of of Woodland's subdivision as it currently is yeah okay just quick question to staff so that area that is um designated on the future Place type map as um mixed residential is that is there already a um development plan for that one
moment yeah so the mix residential that is North is the the first phase of pull pull the mic a little closer to you please pull the mic a little closer to you please I'm sorry um sorry fol at home yeah so that mixed residential neighborhood there is an act of development or active site plan not a development plan um used to guide the development of that okay and is that is you know if the development process for that is intending to meet the definition of uh the mixed residential in the future playsite map or is that more of just an extension of the subdivision that exists to North it's more of an to me it's more of an extension of the subdivision up north because it's the second phase of that overall devel and this is entirely separate from that no I think there is a an existing site plan that is currently being reviewed that includes these parcels and the parcels in in the mrnn okay okay and all these Parcels are
intended to access directly off of torage road for this item and then on the next item off of cobac or is there any rear any rear ACC yeah so we're we're in the CD phases as well site plan with the development you're speaking of to the north which is a single family development um so yes a continuation of the existing Woodlands preserved subdivision um extending through to torage and kobach with these Parcels that are requesting to be Annex included into that subdivision so no the parcels will be recombined and reconfigured to front the internal streets going through the new subdivision okay so these Parcels are actually going to face the opposite direction from the street street right and then there's going to be yeah Road connections through those Parcels to extend um the phase one portion of the existing subdivision okay and then the to this this item the torage road item will there be a an additional connection there will be an additional
connection okay correct um okay how did these how did these Parcels get subdivided previously why are they already subdivided and why are we not seeing a very large parcel connected to the parcel to the north I mean Mr Carl Rist he should be on Zoom he might be able to give you a little bit more information with that I think he's on um virtually he couldn't make it tonight but um I'm unsure yeah okay yeah okay um that answers all my questions I guess one just one this doesn't relate this isn't going to reflect uh I'm voting on this one um I I like to see uh Parcels that front onto our collector streets um with rear with rear access so that we don't just create long corridors where there is no building Frontage at all um so I hope just when
we think and plan ahead that we are thinking about that as one element of of the built environment and creating a city um but other than that um seeing as this is connected to that piece to the north right you know I think that uh that it all makes sense yeah that was very helpful context thank you you're welcome council member thank you and and for your information Mr Carl Rist is in Q virtually if you wanted to hear from him if not we'll keep moving did you desire to hear from him sure if if he has any reaction yeah sure Madam clerk would you make Mr Carl Rist available Mr Carl Rist can you hear me sir I can hear you guys can you'all hear me yes sir good evening and thank you for being with us were you able to hear the proceedings thus far I was yes sir okay do you want to add something um not so much to add but just to to touch on the council member's questions um I guess the idea of these annexations it's twofold um one it allows for a bit more density in the
subdivision um which ultimately that will allow for the the future developer to to cut down on development costs and and you know hopefully the idea longterm there is Ultimate homeowner affordability and then the second is just connectivity between um you know Snow Hill Road to the north cobak drive on the East and Tor Road on the south otherwise there'd be one access point to a subdivision of you know upwards of 20 some homes I believe so um yeah it would just allow for a connectivity and just um a little bit more density was the the idea and um I think he had a point on the corridors you know these are going to be built upon all the internal streets are going to have um home sites it's it's not going to be baring corridors you know connecting the subdivision to external roads thank you so much sir uh staff did you I saw you conferring did you want to add something sure thank you mayor Pro
midleton um just to confirm with commissioner Baker um the subdivision along there was done in the 1980s but never built out so that explains the existing Lots along the um the main road in that area thank you council member colleagues anyone else all right I have nothing much more to add this is a direct uh translation um the uh Planning Commission uh gave it a a unanimous vote there there's no ask for any change to the underlying uh zoning that's already there correct however I do want to say because I think uh council member baker has his finger on something important um it is a direct translation these tend to be non-controversial but I I think that doesn't mean we ought to just be on autopilot and I think you're your admonitions about future concerns should be taken seriously with that so I do not want to suggest that because it's a direct translation that we should not be appr probing further but I'm I'm going to certainly be supporting this I think
the plan of commission got it right and with due difference to the uh uh admonitions that council member Baker put on record this is a public hearing is there anyone here that wants to be heard on this matter this is a public hearing if not I'm going to declare this public hearing closed the matter is now back before the council if my colleagues have no other no further questions or comments I'm going to entertain a motion to adopt an ordinance annexing Woodland Woodlands Preserve torage Road into the city of durm and to authorize the city manager to enter into enter into a utility extension agreement with Carl Rist development Partners LLC so moved second I hear a motion end a second Madam clerk would you please open a vote please close the vote and Report out the motion passes unanimously motion two is to to adopt an ordinance amending the unified development ordinance by taking property out of the residential Suburban 20 Falls Jordan Lake Watershed
District B County jurisdiction and establishing the same as residential Suburban 20 Falls Jordan Lake Watershed District B City jurisdiction so moved second I a motion and the second Madam clerk would you please open the vote please close the vote and Report out the motion passes unanimously finally motion three to adopt the consistency statement as required by ncgs section 160 D- 605 so moved I a motion in the second Madam clerk would you please open the vote please close the vote and Report out the motion passes 60 thank you so much item number 22 is discharged we move now to item 23 consolid
33 acres and located at 5905 591 5817 5815 and 5809 cobac Drive the annexation petition is not contiguous to the primary corporate limits but is contiguous to an an existing satellite area it would allow up to eight dwelling units uh the applicant is not seeking a change in the underlying zoning District of residential Suburban 20 as part of these as this annexation petition a direct translational zoning is one in which the existing County zoning is translated to The Identical City Zoning District upon on the annexation of the
property into the city a translational zoning does not include a development plan and any future development May proceed according to what the zoning would allow the properties are currently designated to establish residential in the place type map the proposed residential Suburban 20 is generally consistent with the designated Place type if the pro zoning is approved there will be no change to the place type designation of established residential thank you and staff any applicant here for any questions thank you very much this is a public hearing before I go to the gallery I'm going to yield to any of my colleagues that may have any questions relative to this case council member Baker please um this um when I look at the the place type map it it seems to show pal Palamino Lane extending through these Parcels W will that remain I believe so just refer to the applicant but I think the the existing
site plan on file shows that extension or utilizing the RightWay I believe yeah that's correct okay and then these Parcels will front onto kobach right or will they they also face internal internally as well yes even that okay because like to the north there are already Parcels that are facing toward sassafras Hill Street yeah I'm just not quite sure it's kind of strange configuration there if feel it feel suspend for just are you finished with the staff or we do you want to are your question is gonna is it going to involve staff anymore because I just want to make the break that we're going to the uh to the applicant if uh sure sure uh why don't we just wait here we'll just we'll just wait I'll ask the rest of my questions later sure colle is anybody else from staff all right at this time we'll go to that please continue Council just wanted to do a page break okay um okay so those are going to face inter and you guys are going to figure out how that how that's configured um last question to staff and
this is just coming back to the mixed residential neighborhood designation um on the place type map since it seems like that is going to end up becoming planed Suburban neighborhood right because that's is that already going through the site plan review process and this is unrelated to this application the the parcel to the to the west of item 23 are you're asking if that's the existing Place type or the existing place typee is mixed residential neighborhood one moment one moment please right yeah so the plan Suburban neighborhood to the west of the site um that was mapped because the existing
Lots were already built at the time of adoption I'm just looking at the the large the large parcel that's Mak residential neighborhood to the west of the cobc drive to this item 23 great yeah that is that is a part of that existing um site plan that is being reviewed currently it's being reviewed and it is going to probably take on the characteristics of plann suburban neighborhood correct the place type map doesn't change when a site plan gets approved although it may be inconsistent with the place type um it's a by development yeah right yeah the place type will stay the same under the um approval of that site plan as long as it meets the technical elements of the unified development ordinance okay um that's fine I I think it's nice to have consistency wherever we can um but um if if that's how if that's the the best way to
proceed I'm I'm fine with that that was my question thank you thank you did you have anything you wanted to say okay good council member copy errow please thank you and this is a question for staff just so my understanding is that the the next phase of the Udo where we're doing engagement is to do that kind of alignment with what we have with Place type map and districts and so there the reason it's misaligned is because we haven't done that yet like with this change you're saying the place type map wouldn't change but it's because the the underlining zoning District isn't matching what's on the place type but we're going to redo our zoning districts and so would that be an opportunity to align them I don't know if I'm making any sense sorry yeah good evening Chelsea Cook with the planning department um the we do plan to re map through the new Udo and align those zoning districts to the place type map however there are going to be instances
like this one where a development already has its byright approval and likely gets built out that way and so I think this might have been what council member Baker was alluding to that it will really feel and look more like a planned Suburban neighborhood than a mixed residential neighborhood but we can't help that right because it's already this prates whatever we did correct okay thank you thank you council member colleagues anyone else right Mr Carl Rist did you have anything you wanted to add I I know you're still in Q uh nothing else to add unless there's any questions for me all right thank you sir this is a public hearing is there anyone else in the gallery I see no one uh on our virtual platform anyone else in the gallery that wishes to speak on this matter this is a public hearing seeing none I'll bring this this matter back before the council I'm declaring this public hearing closed and colleagues if there are no other questions or comments for my honorable colleagues I will entertain a motion uh
to adopt an ordinance annexing Woodland's preserve cobac drive into the city of Durham and to authorize the city manager to enter into a utility extension agreement with Carl Rist development Partners LLC so moved I a motion second second Motion in second uh Madam clerk would you please open the vote suspend for a second Council Baker We we good okay Madam cler would you please open the vote please close the vote and Report out motion passes 60 thank you so much motion number two to adopt an ordinance amending the unified development ordinance by taking property out of the residential Suburban 20 Falls Jordan Lake Watershed District B County jurisdiction and establishing the same as residential Suburban 20 Falls Jordan Lake Watershed District B
City jurisdiction so moved second motion and the second Madam clerk would you please open the vote please close the vote and Report out motion passes 60 thank you I'll now entertain a motion to adopt the consistency statement as required by ncgs section 160d d605 so moved second a motion and a second mam cler would you please open the vote please close the vote and Report out motion passes unanimously thank you so much colleagues uh item number 23 is discharged best wishes to you thank you we'll move now to item number 24 our last public hearing heing uh slated for this evening Consolidated annexation Lee Valley uh this is a public hearing I'm declaring this public hearing open uh but first we will uh receive a report from our staff thank you um and as a reminder um
87 acres and are proposed to be a translational zoning from residential Suburban 20 County jurisdiction to residential Suburban 20 City jurisdiction to ensure the lift station serving the site will be within City Limits The Proposal was found to be inconsistent with the transit opportunity Place type and should this be approved uh staff recommended to change of the place type to apartment and townhouse neighborhood uh this case was previously heard at the April 1st 2024 city council meeting and there the applicant requested a continuance since then the applicant has re relocated Falconbridge Road Extension to follow Windell Road
during the April 1 meeting the applicant also proferred to extend the terms of the income restricted units from 20 to 30 years uh staff would like to recognize that the development plan does not show the change however the applicant is intended to restate that profer um during his presentation thank you staff and the applicant are available for any questions thank you so much at this time I'll yield to my honorable colleagues for any questions for staff relative to this case all right seeing none this is a public hearing and it is open Mr ghost good evening how much time do you anticipate needing 10 minutes uh please put 12 minutes on the clock thank you sir you may proceed oh that is not maybe this one sorry and uh good evening mayor Pro Middleton members of the city council
I'm nil go with the Morning Star Law Group we do have a few of our team members here um and first of all let me thank Mr ler for the presentation I do have a few slides that uh I've pulled up to help round out this conversation uh you might recall that this item came before the city council in April at that time the plan implemented the call of the adopted thoroughfare plan for this area um this first slide uh shows the adopted alignment for the north south collector Road in blue and I want to be clear about how this evolved uh my understanding is that the previous Light Rail Corridor influenced uh many of the thare decisions for this area given that there was a stop plan in this area as well as The Romp as we all know the Light Rail Project no longer is viable as a result its Corridor has been removed from Transportation plans in the area uh including the thare plan now I can't really speak to all of the thinking and wisdom that led to the alignment shown
here but what I can say is that the thare plan had not been updated since the light rail Corridor was removed from it uh our project may be the first uh in this region that warranted a closer look at the remaining thare plan that resulted after the removal of the light rail Corridor you can see that with the adopted alignment shown here uh a long skinny narrow block is left between the future collector Road and existing Windell Road this really presented a lot of challenges for us on how to develop that section of the property because those Parcels basically have two frontages and effectively were separate and distinct from the rest of the acreage um that explains uh a little bit anyway why our rezoning shape is so strange ultimately we decided to rezone the portion of the property for which we had a clear uh Vision or understanding of how it would develop the section we are resoning is set back from the road it doesn't have any real visibility and it sets up nicely for residential development uh like many of you we
thought this alignment did not really make sense at least now with the corridor the light rail Corridor gun so at the start of our resoning process uh we asked City staff about the ability to move that road at that time we were told there really was not an option to do that because it impacted multiple properties not just ours essentially we were told that we could realign that road interior to the site but the points at which it enters and exits the property had to remain the same um so we decided to accommodate the alignment on the adopted plan when we originally submitted and that's what you see here and that's what was shown in April as well uh so in April several of you had the same thoughts we did regarding the alignment of that road and also importantly since we've started this resoning there have been some other uh inquiries from other projects that had some similar thoughts about the alignment of that road in fact there's a project that's in review right now just south of this one which also is interested in a different alignment for the north south collector um than what
was shown on the plan so we've been busy with staff since our last meeting uh and contacting all property owners that would be impacted by the realign including those in the project of the South and I'm happy to report that with a lot of leg work uh we have been able to show a new alignment for The Collector road which is what you can see in Blue on this slide as I said we work closely with staff um and so it's my understanding that they are fully on board with this approach this alignment is more sensible um it achieves the same north south movement that the previous alignment was meant to facilitate and it takes advantage of the existing Red Wind Dell which no longer is impacted By the Light Rail Corridor and it gets rid of that narrow block um the previous alignment created so this is where we're at today and what's in your packet today now I put this next slide up for illustrative purposes it shows the same realignment you just saw but the green represents the resoning area that is sub that is the subject of tonight's hearing the orange represents properties
currently owned by Greenhawk that are not part of tonight's rezoning you can also see that there is one parcel along Windell uh that Greenhawk does not own we have been in contact with those owners uh several times in fact Greenhawk has previously made them an offer or offers um and I've had several conversations with them those owners have a unique situation and they are open to selling just not at this time anyway the point of this slide is that with this realignment you can see a much more contiguous block of land it gives the acreage some more breathing room so to speak uh where whenever greenhoot goes to develop this Orange area they will need to Res zone so they will be back in front of the council for that um right now we don't have any plans for that obviously this is new with this realignment so we haven't planned that out but the realignment really gives the space a lot more possibilities uh without the realignment honestly Greenhawk was considering just keeping the acreage in the county uh for a few single family homes ultimately I think this is going to result in a much better
outcome uh this project has taken a long time for many reasons uh getting continued in April to tonight's meeting was a pretty big gut punch to be honest but it did give us the time we needed to work with the city and other property owners to achieve a better Road alignment so we are happy with that outcome we also are happy with the outcome from the Planning Commission which recommended approval in February by a vote of 8 to5 uh since then we have increased the affordability period from 20 years to 30 years and I don't think that's reflected as was mentioned in your agenda packet but I wanted to point that out I also want to offer a few more commitments related to sustainability the first is that we want to commit to including a pollinator Garden a minimum of 1500 ft as part of the active open space this is in addition to the existing commitment to use native plant species which together those two conditions will help sustain a healthy pollinator habitat uh we felt this was important given that we are adjacent to the property on our West the NC Botanical Garden which is the subject of
8 um in
public infrastructure that this project would Implement as well well uh really I think this applicant has done Lots they've certainly done more than typical applicant and that's even after getting a Rec recommendation of approval from the Planning Commission so we hope you will follow their example and reward the extra effort by this developer that having been said we know you may have some questions and we have our team available to answer them tonight thank you for your time tonight um look forward to your feedback thank you Mr ghost you'll have some time in the bank if you need to respond to anything I have um in the uh someone would like to speak as an opponent Leonardo Leonardo Javiera is Leonardo in chamber this evening I don't see um that name in Q Madam clerk do you see a Leonardo Javiera okay if if if that name should pop up would you just alert me that they've come uh in que uh colleagues any questions or comments actually let me stop there this is a public hearing anybody else want to
be heard all right and we'll await Leonardo if he pops up colleagues any questions or comments for the applicant council member riss Please Mr G yeah so um appreciate the additional work on this this um this case I guess my and I appreciate the uh the profer I think 3% affordable housing units is that correct correct units with the longer term um I'm just concerned about the um you know we've invested so much in this comprehensive plan and the place type Maps we've got a Transit opportunity area here I think we talked about this last time April 1st it's only residential uses and so it seems like I'm just concerned that we're missing the opportunity here and a I I I recognize there's not a like a this is a little bit behind 54 and Fairington but it seems like you know we've consistently or I've consistently voted for projects that that called for mix use neighborhood and mix use residential that didn't have any kind of nonresidential I'm concerned here we've got a Transit opportunity area I recognize the light rail is no longer in
the plan and our plans but this still near major corridors and I'm concerned there's no non-residential so help me with that yeah a couple things so to be honest with you I'm not exactly sure I understand why this has the transit opportunity area designation as far as I know there are no plans adopted plans for transit in this area so when we've had when we've asked questions about that it's unclear to us where the transit is going to be in the first place secondly I do want to point out that you know as the applicant we haven't made any requests to change the playsight map here and in fact we went with this type of rezoning that doesn't include the other Parcels that green hog owns specifically because we think this portion is the part we could Implement in a way that is consistent with the comprehensive plan the the orange part which is shown I don't know if you can see my screen but the orange part that is shown is what that looks like now but prior to the realignment which happened since April you know we were dealing with a completely different
leftover piece of property that frankly was a completely different development I mean it was separated from the part that were actually planning on developing with this resoning by a collector Road and then it had Frontage On The Other Side by Wendell so it was kind of just this narrow block now with the realignment we have the opportunity to in the future um rezone that area develop that area for a project that would that could include non-resident itial uses in there there simply isn't there wasn't the part that we're talking about resoning it just isn't set up for non-residential uses as it is um you know with this alignment or with the other alignment so that's why we actually have the funny the kind of funny shape resoning area that doesn't necessarily follow existing parcel lines it's because we were trying to work around and figure out how how to deal with this collector road now that we know where the collector road is going this does present an opportunity along a true Frontage for greenhaw to
consider how to develop we haven't gotten down the road on that but I mean I think that the project overall is consistent with the place type map and the comprehensive plan and it can become more consistent with the realignment of the of the collector Road and the future opportunities to develop that section of the property that's in Orange you know on the other slide on this slide so you're saying the green hog may be interested in some non-residential use in the future uh I mean I've worked with Greenhawk and other municipalities they they have an extensive record in doing delivering mixed use projects yes but in any mix use project for example that would go on the site the portion in green would still be residential that's why we move forward with the residential development here there's been a lot of changes to the Udo and the comprehensive plan since we originally filed or I'm sorry not the comprehensive plan but Concepts in the Udo related to the comprehensive plan since we filed that really would kind of kind of change the way you would be able to develop this portion in Orange so it's a real
possibility but I don't want to I mean we're not making a commitment on that tonight because that's not subject of the rezoning uh and we couldn't add that to the rezoning case before you tonight because that would be a new rezoning case so we'd have to come back later to to add the that type of use you said you will or you you may well we have to is what I said we have to come back yeah yeah we have to come back if we're going to develop that orange section with city um utilities and under a new zoning we would have to come back to council for that thank you thank you council member colleages council member cook uh good evening um I just had a couple of questions I guess I I don't believe that it's the same folks are y yall are not doing um the leave Village is that correct no that's a different project here south that I mentioned earlier okay and and are yall working with them cuz I know the propert I don't think the properties like touch exactly but they're they do they do okay can you
talk about any conversation you've had around that because I I am interested also in following up on council member R's conversation around the use of this being that it is in this major Corridor and so I was just wondering if you could has there been any conversation with the village I think that one's a larger yeah it's much larger um yeah so we've had conversations with them let me be clear about how to answer this how I'm answering this question um my Law Firm is assisting that applicant I am not the lead attorney on that one and I don't know all the particulars of the Village um so we uh Greenhawk is not you know in any kind of joint venture or um project with the developer or applicants for Le Village but we have had conversations with them and in fact fact we that was a lot of what was happening after the last council meeting was understanding kind of their perspective on the road
alignment because they're one of the other projects that was considering the same issue that that we saw originally so we have spoken with them about about their project these projects ultimately will be connected uh not just by The Collector road but also like pedestrian networ work um as they as they develop uh with you know I guess I would say internal sidewalk to the site that's that's the way we understand that these projects would work um just or I guess the way that they're looking at developing it uh in comparison to the way we're looking at this development so there will be connections and connectivity between both projects but that's I mean all the way to the South is I don't know how far it is but it's a long that's a it's a big distance but they will be connected I don't have any other questions I just
I I I want to like this project I'm just I'm feeling a little bit of trepidation around the lack of other types of use here and I I heard what you said about it um but it it I mean it is we are deterring from the plan with with only residential so it's just I'm just having a little bit of I'm just having a little bit of concern but no question there just just expressing that well I'll just take a moment I mean I appreciate that and we have the same concern I mean that the what is shown here what we're what we're talking about rezoning is is a practical way to develop that section of the property that does not negate the fact that the comprehensive plan calls for a mix of uses here but the mix of uses wouldn't have been on the back side of the property that were rezoning adjacent to the botanical and we'd have no connectivity going out to the West right so like this is like kind of the back of the of the of the project the I think the real mixed use
opportunity is along the collector road which has now been realigned which is frankly what we had hoped for originally when we started having conversations with staff over I mean it was like more than two years ago that we that we were asking these questions um so you know Greenhawk is looking at how they can use this this is a much better opportunity now that the road has been realigned I we're we're pleased with that result I think that's pretty important Jeremy did you want to speak hello I'm I'm Matt Kopac I'm with greenhulk Corporation so we own the property and um Neil is correct we are developers not only of residential but of uh flex and Retail and so this is in our wheelhouse to do and Undertake and uh we are focused right now on the area in green which would be predominantly well residential but it would be multiple product lines that would be residential and we see the area in Orange uh that is U dotted out or gored
out as an opportunity not just for us but for you folks also as this area continues to grow and mature and it is quickly evolving um I see nothing but opportunity there um and it would be other than housing more than likely and we would have to come back before you folks and seek your approval but we own the property we're vested here in Durham we're going to be here for a long time so um if I had to restart this process and include that area I mean we've we've been at it for two two and a half years now and to start over that would be a real hardship on on the company and I appreciate your thoughts if you have anything else please feel free to ask thank you very much colleagues council member Freeman thank you I just had a couple questions for staff um the first one just checking in on the amenities the mes I guess the miles away
1 miles to Harris ther or Wegman's the um the section the staff report that shows the distances between various amenities um staff uses Google Maps based on how you would walk there U and that distance okay it's not uh the shortest route it's just the shortest Rock walkout and so I think what I'm most concerned with is is how the walkability within that huge mass will look with the current roads and the proposed collector Road and is there any way to see what that would be in terms of The Collector Street plan or well more so I guess on the on I guess on your side if have you planned the roads or streets on the site uh mainly is Crescent Drive going
to run straight through is is there any streets that are going to continue into the development it's going to be new streets that need different types of crosswalks to get to the streets that are existing thing or the I'm sorry the to the roads sidewalks or whatever is the plan on the screen I'm just use the mouse and I can just kind of point a couple things so the collector Road obviously comes this way now then there is this other collector Road just that the prop just proposed future collector road yeah so there there those are two collector roads that that are going to be implemented eventually you can see the access points coming from windowell right here and here so back in here this would be these these would be private roads in here and they they won't like I said this the botanical garden over here so they're not going to punch out to George King Road if that's what you're asking but will it be like an L that comes through so so like if I am walking if I'm in that neighborhood and I am walking will
I be able to navigate inside of it as opposed to come to that essential access points where the cars are right right right so so the the road Network inside would be I think I would just subcribers kind of like grid it out it'd be a kind of grid system inside of that green area so you'd be able to walk around in inter term to the neighborhood yes and you feel like those grids would be uh the grid would essentially accommodate like a like how many block lens oh I don't was talking about 28 Acres it's not that I'm I'm not uh experienced enough to answer that I'm I'm looking at Tyler who's who's giving me a funny looks if you have a response to that he's the uh civil I guess on this civil lead so um Tyler probes at Greenhawk um will we will have sidewalk connections as required out to the Falcon Bridge Road Extension and then um yes internally to the project it'll be all private but we will need um I believe
it's part of the Udo and also just as um us trying to make a walkable development ourselves yes you will be able to walk essentially amongst the whole development um there will be it won't just be two parallel roads and then never touch it will be walkable on what's going to feel like short blocks okay and um with some pedestrian corridors uh intersecting blocks and and go between units to try and cut across um you know with a little green space so that you can really get east west north and south um pretty directly without having to go up the road and and cut back just specifically there are three it looks like three lots that are connected to a culdesac yep will there be any connection to that that roadway I'm trying to I'm trying to down in here yeah I'm trying to picture this because what we're talking about is a much higher density right if you have
Town Homes it's not rural when I drove through there it's very um Rural and the annexation puts a lot of the um I mean essentially puts all of the weight on the city to kind of build out that roadway and to figure out what the street grids well once your street grids are in place how to make those connections make sure the sidewalks all of that is going to fall on the city but I don't know how much of that will be in place and so I appreciate that there's a cost benefit analysis on on on the surface but I think I need a more detailed um understanding of how your grid would look so so that there's not more of the cost on us like we're talking about a bond right now with I I know I know it's 51 million but um but essentially we're paying for more streets and more more of the sidewalks so that folks can walk through the neighborhoods and bike through the neighborhoods and I want to make sure that this aligns with that not just for
the cars so I hear you talking about the collector Road um but what about the right so let me let me touch on a couple things um you said you've been by this area and it feels rural to you and I think that is true if you came through the George King roadside if you were coming down the Falcon Bridge Crescent Wendell so everything out here is being developed or has been approved to be developed for apartments and then I think are these the town homes right here or they're a little bit further south anyway the point is everything on the east side of Wendell has been approved and is being developed for or has been developed for apartments then you've got kind of more dense development down here I want to touch on that caac you were you mentioned on the west side I'm into George King yes we can't see your map if you're pointing to things sorry sorry I it's on my screen I apologize so let me just reiterate all
of this ACD out to so 40 is like kind of over here mhm all of this is essentially been improved for um uh multif family Development A lot of it has been built out and a lot of it is currently being built out there is at least one um dense town home Community I think it's right here but it may be a little further south um that's also been approved this culdesac that you mentioned we I've looked at this a lot so on the map it appears to be a Colac it is not it is not actually right of way it is privately owned land it is obviously set up like a culdesac but it is not a road so this project ultimately and this is part of the challenge with development on this side is not going to you know have vehicular access directly to George King Road except through this collector Road whenever that section gets built obviously this section is on uh the development property but you can see it goes extends beyond that and I
believe that goes out to George King Road so that's where that George King Road connectivity would come into play the all the pedestrian connections are going to be privately built as between this project and then the Lee Village project to the South they are you know they they touch in this culdesac area and I believe they touch right here as well so we've we've talked with those folks I mean they're going to have their focus on walkability um I believe well you'll see their plan when it comes up but I believe they have a street Network plan that's part of their zoning package that's helpful I think that builds on the conversation of council member risk and figuring out how to make it so that it's not all just residential and I hear you with those few plots as you come back later but I don't feel like that's maximizing what we could get from a from a more
integrated approach to the tow houses and some commercial some some way shape or form and so I'm not I'm torn on it I'm not for certain I feel like this this is an area that should be more developed because we had a plan and in that apartment complex buildout is coming and if we're going to spend millions of dollars to get the roads up for enough people to be walking I want to make sure that they're walking to something that's in durm and so that's kind of where I'm torn as much as much as I can say right now now but um I'm listening and so you bring up a really good point and I want to be a little bit clear about this I can't really make commitments related to the or the stuff in Orange because it's not part of the zoning application but what I can tell you is that what Greenhawk has done here is designed the storm water infrastructure for the section green is going to be designed to treat the stuff in Orange now the way the development code in Duram works is if we are actually going
to treat the properties in Orange with storm water on the properties in green then they have to be zoned together so when you're talking about what it could be if it was more cohesive so what that's what we're talking about we if if greenhaw comes back and they want to utilize the storm water infrastructure in the green section to treat the orange they're going to rezone everything in green and everything in Orange at that time they will come back as a project that way if if you know if they're going to use that infrastructure that they've already that they're planning for just just to be clear we're talking about now that the collector Road has been realigned we have the ability to look at this as one cohesive project which is why we you know with the previous alignment we didn't Zone that section because it wasn't cohesive it just didn't make sense thank you council members council member uh let me council member R go ahead go ahead uh thank you mayor Pam um on this question of connectivity there
were two comments from BAC and I just want to confirm what um the response was so one was about a sidewalk along uh when Dell if you can put the map back up right yep and so you committed to that yes we did and then the other was about um right high visibility crosswalk across Wendell at the Fairington road intersection no commitment there can you explain that yeah I can you can see it on the map the the the way the road is aligned it was different it doesn't it doesn't go there yeah right so so when they asked for it the alignment was different a crosswalk at that section would make sense now the way it's aligned doesn't make sense that's why we didn't make the commitment got you thanks thanks for clarifying thank you colleagues anyone else council member uh cab yeah mayor Pim have we are we did we close the public hearing or not no okay I can wait then you sure was it for the uh it's not all right I um madam clerk did we capture
uh Mr Javiera none all right this is a public hearing is there anyone else in the chamber that wishes to speak on this matter this is a public hearing if not I'm going to bring the matter back I'm going to keep the public hearing but I'm going to bring the matter back before the council uh colleagues council member cavier thank you I just didn't have anything for the applicant so um so I was the council member who asked a lot of questions about the road in April and actually I think I asked colleagues to potentially do a continuance so that we could get the road thing figured out I will be supporting this all of my questions have been answered and it is an improved project which I think uh the applicant and staff are are happy with um so I to for the folks who are a little bit on the fence um I feel good I think that that whole section that I called it the Island of Misfit Toys um I don't feel like that is what it is anymore and um is potential for commercial there I understand what the applicant's saying it's basically phased um that they are
in a 2year plus process and they have been in the middle of our the city changing his rules uh for the better and they're trying to meet uh those new rules and new policies as best that they can as they've moved their project through our process so um I think it's a better outcome I appreciate the additional propers I think staff probably captured that I think it kind of hits on everything we want I think that there's some questions around some pieces that are missing but that hopefully is to come um as we know this developer and um Mr go have plans to be before us again and so I don't think that it behooves them to not deliver later down the road um so I will be supporting it I appreciate staff's work and the applicants work um Coming forward with a better project than what we saw in April thank you thank you council member Becker you please go ahead and I appreciate I appreciate um council member cabier the work that that you did to to to improve this this project um of
course we always we always want to make sure that projects are as good as possible the first time they come to us because then we don't need to um do that kind of work and um and ask for delays in cases or delay cases um this is a big a big site 29 Acres this is um seven times the size of the 505 Chapel Hill Street um site um so it's it's very large um it is within the trans opportunity area and I just want to pull out a part of the staff report that I that I read that I really appreciated um I I think it it um meets my feeling on this case because I would love to see this case rezoned I would love to see this partial reson and I would love to see development take place on the site um the staff report reads while the proposed residential compact that's the zoning requested zoning district with a development plan rcd zoning is generally inconsistent with the designated Place type TOA the rcd is only fully
consistent with the to place type when the development plan commits to Transit oriented design and I think that's important because we are in the midst of a Udo rewrite and right now our zoning districts do not meet the needs of the and and reflect the values within the future Place types and the future future Place type type map M what is necessary is at this point commitments that bring it up to consistency um this proposal is consistent with 20 of 23 applicable policies of the new comprehensive plan that's a lot but it's missing some some key consistencies um and carrying on with the with the staff report to be consistent with the TOA Place type staff encouraged and advised the applicant to commit to additional transit or the design commitments with the development plan resoning as well as including an addition uh an additional office Civic or commercial use I think that comes back to what does it mean to move a city from completely autoc Centric to one
that at least provides some additional ways of realistically and safely um getting around um the the future Place type map is calling for this to be a Transit opportunity that that is the vision that's why it's there because that is the vision whether there's Light Rail or not maybe there will be sometime in the future one of the cases against light rail was that there weren't uh you know activity centers um and dense places that it could connect to um where you would have high ridership on day one of opening of of the light rail um we also have the potential bus rid Transit we don't know what's going to come down the line but we need to build a city as though we are going to at some point have mass transit um there's Transit planning there's planning for Transit this is planning for Transit and to do that we need density diversity and design and this gets us I think at least somewhat toward density although I don't think we have a commitment to a minimum density we have a commitment to maximum density but nevertheless uh assuming it it were to
to reach maximum or close to maximum proposed density committed density I think that would get us closer there um it doesn't have the diversity of uses so that D is missing uh we have we have density don't have diversity uh and design that's the that's the third piece of walkability um and we don't see commitments to walkable design um I think we have we had a little bit of an explanation about some of the work that was being done on y side um around connectivity but we we don't see that and and if it's not a committed element then we we just have to assume that it it could it it doesn't have to happen and it might not happen we don't know what will happen it could change ownership we don't know what happens um I think there are commitments that could get us there honestly um dedication of public park space commitment to uh compact Design District standards I actually think uh the RC zoning could be the right zoning I don't know but we don't have the commitments that bring RC up to consistency with the
TOA with the transit opportunity area um Ali loaded Ali loaded Parcels commitment to that commitment to a mix of uses um again this is a very large site um this is it's not just about a giant activity center it's also also about being able to navigate and get to places uh on within 29 Acres which is which is a lot of land um so again I want I want to see this reson I want to see it developed and I'm not I'm not comfortable with with where it is I think it's closer um I think it's close um but ultimately it is not consistent with the vision it's almost consistent with vision but it's not it's not close enough for me um I need to see some movement toward the future Place type map toward the TOA Place type toward that uh necessity of density diversity design um that makes Durham incrementally more uh walkable
more Transit friendly thank you council member colleagues anyone else council member cabar thank you I have a question for staff and this might be a director young question it actually is a director young question thank you um when because I remember a previous resoning other case but there was a lot of conversation on that Council around why do we still have this as a Transit opportunity when we knew Light Rail wasn't post rail failure and there is nothing there like the the point around trans I said on the no there's nothing there right now and there's not going to be it's not any identifi Corridor for brt or passenger rail or anything so the transit is going to come in 50 years um maybe we'll get some buses down there better routes but um the explanation at the time that was provided is that we'd already upzoned it and so essentially it would have been a
huge um kind of step backward with what we are looking at the total vision of just letting more density happen and so that was the explanation provided so while there are these standards and design standards around trying to opportunity essentially the rationale provided from planning staff to the council at that time was we just don't want to down Zone it because it it doesn't set us on the path that we need to set go on and so I just want to make sure that my recollection is correct that is correct in addition I could just move this instead of standing on my tippy toes um in addition you know there limitations in state law about down zonings and so I think staff was trying to be very conservative and careful about what was proposed but yes your recollection is correct thank you thank you colleagues anyone else I counc M Freeman thank you I I appreciate the conversation I think what most sticks out for me is um I mean we're only limited by
ourselves and what we're willing to push for and I think that what I am incredibly like hesitant about is the I've been sitting here trying to figure out who owns that property near like next to it and I can't find anything on them it's a chenon shin and I mean the the the area lead like lends itself to a really great project being really comprehensive and actually like something that pulls a very Transit oriented design into the area that would I mean we could even have a bus hub in that area all this to say is I don't I it's not that I don't think it it could be a great development based on what you've presented this evening I just I mean just tow houses just doesn't feel like the right fit for for me and just knowing with all the apartments coming up and
uh again I'm just keep saying it's rural as that area is or not rural forested that the area is it seems like a Miss it's almost like a another Suburban um sprawl situation where we're going to spend a lot of money to get roads into that area we're going to spend a lot of money to put sidewalks in that area and then it might be 101 15 years before anything else happens and if there could just be a more a more Vivid picture of what would be there I would feel more comfortable but I [Music] am I am at a I'm at of Crossroads on on how we navigate because we're going to continue to keep spending on these sprawled sites throughout the city and into the county as we Annex the county and I'm not I'm just not there that's all thank you thank you council member col no one else I um just a
couple of things we we have um voted on far less desirable projects than this um this is a good project project and it it's only gotten better um I I as a decision maker I I don't know how to to legislator make a decision based upon what might happen or or or what should happen I I I try and govern Myself by the Four Corners of the case that is is before us uh and the four corners of this case and I want to point out something about this this uh continuance as well I think the Planning Commission uh got this one right and if you read their comments uh their comments are forward faed uh their comments bring up a lot of the concerns that we have but I think their comments also reflect the reality that there's some broad systemic overarching policy changes that we may need to look at as a council and as a city but when it comes to either burdening or blessing a particular
applicant with the responsibility for that overall Vision I'm going to caution my colleagues that we have to be very careful in making a particular because we don't want to appear capricious because at some point another Project's going to come before us that will mimic this we'll pass it it'll be the same circumstances we won't mention the overarching needs of the area or or or or what's happening so I just want to caution us to to to consider the four corners of the particular case that's before us light rails dead um I was there when it got killed um almost got killed with it uh we we we we don't have any there are no plans right now um for that area so if if we are going to temper or or or tether our decisions to what's not there on this case then should not be the case with everything um and I I think that the the addition to the housing stock uh that this particular um development brings the
additional profit which leads me to the point this is why I'm I'm averse to council recommended extensions this is precisely why because we can be as explicit as it as we want it sets up a Nexus of expectation now the the predicate for extending this was a very specific issue that council member cabier alluded to tonight we had opportunity the this is why I like up or down votes we I I don't work for the developer it's not my responsibility to make a development better Better or Worse bring your aame the time you come before us this is why I like up and down votes when we offered or when the council agreed to this extension there was a a a very narrowly prescribed reason why we did it and by my reading they have addressed those concerns and they've exceeded them now we are we are we are revisiting which is all right but we are revisiting things that we had ample opportunity to uh
visit at the first hearing and if if if it wasn't satisfied then then we shouldn't have granted the extension we should have said no because these other things um and I think the the impression is created which is why I went on record in the April meeting I am in no way suggesting that my V vote will be yay or nay based upon the satisfaction of certain because I don't work for you the you know certain conditions we can vote it up or down the conditions that we express concern about for the extension in my assessment have been met I think in the planning commission's assessment have been met um there have been additional proffers uh even after the Planning Commission voted to to approve the project so I I I I just want to be very careful and and and and clear that this is why let them ask for it if they want an extension because the impression is that we have some concerns the concerns have been met now
we have more concerns which we had ample opportunity at the first hearing to to vet um put the burden on the applicant let them bring their aame up and down votes if they want to ask for an extension let them ask for it I'm just concerned for from an Institutional Integrity point of view that we don't want to look like we're even implying that yeah just this little bit more and it's over the edge and then they come back they've addressed that and then there's something else we ought not be uh involved I think in that type of Reckoning and back and forth um I agree with the Planning Commission I think this is a good project it's not perfect but I don't think the perfect should be the enemy of the good and I'm certainly not going to burden any particular applicant with what needs to be done systemically in an overarching way which I think we can accomplish in the Udo Rite and other policy efforts but I think they have met the burden um with this particular project I'm going to support it I I urge my colleagues to do the same council member cook I'm sorry thank you you
um this is a staff question I I we heard the applicant say it a couple of times about having to come back before Council for those few Parcels if we wanted a rezoning there is there no other method of changing that are there can you just talk me through the process that that would require we're looking for like a a second phase no if they were looking to rezone the property they'd go through the same process um the map is a zoning it's a legislative document if they want to change rs20 to something that could accommodate the commercial that um sort of the TOA sort of calls for they would need to rezone to you know a zoning District that would allow that so it would be the same exact process should they actually want to develop commercial in the future okay thank you um I'm I'm just really torn on this project looking back also at our at our
notes from April 1st and reviewing it and I'm seeing a lot of the same issues being brought up there of the and and also I mean you said it was overwhelming support in the Planning Commission it was 85 so it was supported but I would not call that overwhelming um similar issues brought up by the folks who wrote comments similar issues brought up on April the 1st as we've been talking about tonight um which is just not following the comprehensive plan um and I'm just feeling really torn on it I want to like this project and I I agree with my colleagues that I think that this area is ready for development and I want to see something really good there and I think this could be it but I just I'm just not not sure thank you Council me council member uh Baker I've just got a question um you know you've been hearing us talk um love
to get your reaction I'd also like to hear how you'd like to proceed from here yeah so let me let me ask um Jeremy Medlin to come up and U respond a little bit to that for one thing I apologize for all the um U indecision that's been created in the room and appreciate your thoughtfulness on this uh there are things that we can do probably to better articulate what our intent is here the green area that we have shown to you is a multiple multiple different products some with garages some surface parked various styles of units um you know a quad product a duplex product it's very unique it caters to um more of a lifestyle pet friendly type lifestyle but I also want to say that the area that we're reserving um we're teeing up for development the bmps the
storm water control devices will be in the area in green that will help it be more marketable the water and the sewer will be stubbed to those Parcels we can go back to the well and you can give me some homework to document the walkability and how we can create walkable opportunities I can assure you that we have had multiple conversations with Jed Harris virtually uh granted he's in California and he is doing the Lee Valley Project which is to the south of us um we share that collector road to the South that borders us so there is some collaboration but it's two distinct projects his and ours um I know that there's been a lot of um indecision about the area in Orange with the dots but think about it it's it's roughly four acres and with the price of the real estate that is substantial and significant it will be something and I see it again as an opportunity where we're preserving that that ability to
determine what that use is at a later date think about Co think about where we were in 2020 and how much the world has changed since then and what we would have done different or what we would have developed or built differently um it is it has definitely changed uh it's probably changed the landscape forever but um don't deny me give me some homework send me home that's all I'm asking and thank you for that let me also just um uh touch on one point there they uh Council Baker you've mentioned the 3DS diversity density design okay um one of the interpretations you've you've mentioned here about diversity is diversity of uses I want to be clear you can send us home there's nothing we can do to change that on the green area because that's how the zoning process works we cannot add a non-residential use to this zoning without starting this
process over so we were intentional about the shape of this resoning and leaving that Reserve area because we felt strongly that that collector was in the wrong spot we asked the question more than two years ago and based on the answer we got at that time we proceeded but we didn't we didn't make a decision to say okay well then I guess we just can't do it we just said or we this will come back again later little did we know that it would come back on April 1st the night we were here for city council but it did um and that's fine this is ultimately a better outcome we're not going to be able to do anything to change the uses without starting the zoning process over um we can't do anything to add these Parcels uh in Orange without starting zoning process over so from a density S I did want to correct something you said there is a minimum density it's 12 dwelling units per acre minimum 310 units that's minimum um in the zoning district and I also think it's explicitly a commitment on the development plan but RC has a
minimum density of 12 dwellers per acre so um I think we've achieved the density and you know I understand what their concept is I think we could probably do a little bit better on the design as far as commitments if that's what it takes but I the only diversity that I think we can really speak to here is diversity of the product type which is a little bit of a Mis number because this is ultimately one product type under the Udo but they will take different physical you know they will look different physically but um the other diversity is we've got the affordable housing commitment as well so we have diversity in that sense but I want to be real clear about that if we are going to come back at a later date we would I think only really be able to hopefully address the design aspect of what you're discing and I think you've heard from my client already he would be interested in uh having a continuance to address those things I know we we failed to connect I reached out to you I think you saw that
um we just had maybe missed opportunity there uh we'd love to sit down with you if you've got some thoughts so thank you thank you much thank you I um and I appreciate my colleagues for for the conversation I you know I I remember the April 1 meeting and and I I remember the meetings are archiv by the way you can go back and watch it and I remember the conversation well um the it it just seems to me um that all the stuff we said should have been added to the list the the predicate for the continuance and it was not um I remember what the conversation hinged upon and there's a lot more stuff um being said here tonight I will also add that I it just from from an intellectual consistency point of view it if we're going to talk about the overall area then we have to look at diversity in the overall area as opposed to one particular project
containing all the elements of diversity I mean either you're going to look at it as a whole or you're not the town home single family homes in the area not necessarily one project having single family homes to and everything because if we're talking about the whole area as a whole then you have to look at maybe one of the projects represents the town homes and another project in the area in close proximity represents the single family Town Homes not every development having all elements within it divver if we're going to talk Universal then we have to look at diversity as a universal applicant application rather than just burdening one particular uh project with it again I uh I think the burden that we we constructed either on purpose or not has been met by this applicant I think it's a good project I certainly didn't characterize the the Planning Commission vote is overwhelming I don't know who did but but it it passed uh and if you read the comments I think on the Planning Commission even the NOS um I
think are give some useful cautionary statements and useful uh advisories but there's some until we do the Udo rewrite until we you know do some other things um you know we can't we don't do expose facto things and we don't do we don't burden folk in anticipation of what's going to to happen until the force of law is behind them until they become policy and I think all things considered this is a good project um and that's all I'll say on that staff did you capture I'll get to you council member Baker did you capture the additional propers that the uh that we need to do with the language clear and colleagues I'll yield to you yeah um give me just to run through them real quick sure um so there are four total proffers active open space shall include at least one pollinator garden with a minimum of, 1500 square feet correct um we will work with you on the timing mechanism for that should it
be approved all residential dwelling units with a garage should be equipped with an EV charging port correct an amenity Center shall be shall include a minimum guest for parking spaces equipped with EV charging equipment uh four spaces is that yeah that's correct and then just a reiteration of the 20y year tenure to the 30-year tenure for the yes correct yep that's staff is good with that got it okay council member Baker then council member cabier yeah um I I appreciate the um the discussion the discussion that I've been listening to here um I I would say 29 acres is is large enough um that um I mean that's a neighborhood that's a neighborhood so there's a lot that can be that can be put into 29 Acres so the scale the scale is an important thing to to consider this is not a a 4 Acre Site um where we're you know calling on calling on the the single land owner of a small parcel to um to fix all the
problems that were that were created around it um this is this is a big a big opportunity in a in a fast growing uh opportunity area um and also just pointing to the the staff report you know again it says to be considered with to place type staff encouraged and advised the applicant to commit to additional transit-oriented design commitments with the development plan resoning so this was not a surprise um this is something that we talk about a lot um it's it's even in the comprehensive plan and um and so you know is there is there I mean is there anything that you're interested in committing to with regard to design this evening um or would you rather wait and come back and I'm only asking based on some of the conversation that I heard you all
have earlier just colle as I'm going to allow you to answer it and go for but I just want to question um my colleagues about the line of kind of negotiating uh with developers on on particularities of the project you allow the conversation to go on but I I do want to caution colleagues about the line go ahead I was just I was just curious because I wasn't quite sure based on some of the conversation that I heard up there with with the so I don't think that we're in a position well we haven't worked any uh the previous conditions I had sent to staff as as when I did uh they were on your agenda packet but they had seen the the other commitments as it relates to design I think some of the things that you mentioned are things that this project implements but we haven't reduced it to writing we would not be in a position tonight to make those types of commitments so I can't I can't really negotiate that from the from you know from the floor here tonight
okay thank you council member council member copy Arrow then council member rist thank you I just wanted to say again that uh to Mayor prm's point I think the thing that I was very stuck on was the road configuration that got dealt with in a way that improved the project so while I'm not a huge fan of continuances sometimes things do get better uh my colleagues may have had many other questions or concerns on that evening that is their prerogative mine was around the road um driven because it's actually densifying which is what we want I think we've probably had four or five of these over the years so I know that area well now because I've had to drive it lots of times um and so that that the way it was originally did not make a lot of sense it is improved um I think in general it is moving in the way we want to move uh again rezonings are Case by case so we're not going to get everything all of the time um I think that this project hits lots of the things we want including affordability some sustainability
um uh propers that were improved upon and again while it doesn't hit every single one you know if I were a professor grading a paper and I had a grading rubric and a student got 20 out of 23 they'd get a pretty high grade thank you council member R thank you m p yeah Mr G thank you so much again um I think I was one of the first ra issue about about non-residential uses but I understand the predicament you're you're in in the applicant as well with having to go through the resoning process so I think with what you've described tonight I'm satisfied I know you'll come back to us and I I appreciate that so at this point I'm happy to support this this uh case uh and again appreciate how you've improved this case I think what we have before is significantly better than we first saw on April the 1 so thank you thank you colleagues and and I want to I want to say I take very seriously all of the comments that my colleagues um have made all of the admonitions all of the recommendations and and they are to be taken seriously and I take them seriously because each one of you legitimately represents thousands of people in the city that that agree with
with with what each of us are saying and that's to be taken seriously I will say you know having been here for a minute I have watched the incremental slow but real incremental progression towards what we want because I I I've watched developers come in here they didn't used to make proffers about affordable housing or units um they didn't used to make proffers after Planning Commission votes and I know it may be painstakingly slow and excruciating but a message is being sent and it's being sent Case by case and and what I do not want to do is throw water on the on the slow painstaking but measurable prog progress we've been making by um kind of saying we're GNA make each and every individual project get a perfect score all the time or or do this I do not want to send the message that to other developers who have been getting in line not out of large s not out of of a no Bless obl but because they're reading the green uh and they're they're seeing
what we're we're inexorably moving towards end Durham and a lot of that is because of the questions that have been asked for this day I've watched it and and the holding to the fire so I want to honor that tradition and encourage us to to continue but I also for what it's worth want to say that um let us also take the winds where we get them as we continue to push for the bigger more systemic changes uh with that I'm going to declare this public hearing closed uh the matter has been in his tail back uh before the council and I will uh entertain a motion to adopt an ordinance annexing Lee Valley into the city of durm and to authorize the city manager to enter into a utility extension agreement with Greenhawk Corporation Inc so moved I hear a motion and the second Madam clerk would you please open the vote please close the vote and Report out the motion passes 4 to one with
council member Baker voting no thank you motion number two to adopt an ordinance amending the unified development ordinance by taking property out of residential Suburban 20 Falls Jordan Lake waterers Protection District B major transportation Corridor I40 County jurisdiction and establishing the same as residential compact with the development plan Falls Jordan Lake Watershed Protection District B major transportation Corridor I40 City jurisdiction so moved second second I hear a motion in the second Madam clerk would you please open the vote please close the vote and Report out again the motion passes 5 to one with council member Baker voting no thank you motion number three to adopt an ordinance amending the unified development ordinance by taking property out of the residential Suburban 20 Falls Jordan Lake Watershed prot Protection District B County jurisdiction and establishing the same as residential Suburban 20 Falls Jordan Lake Watershed
Protection District B City jurisdiction so moved Motion in the second Madam clerk would you please open the vote please close the vote and Report out the motion passes 51 with council member Baker voting no thank you and finally motion number four to adopt a consistency statement as required by North Carolina General statute section 160d d605 so moved Motion in the second Madam clerk would you please open the vote please close the vote and Report out the motion passes unanimously thank you mat item number 24 is discharged thank you very much colleagues thank you for a great uh evening of work uh this brings us to the end of our published agenda again our our best wish is to council member uh cook in her family as she travels to in the season of bereavement our hearts go with her no other matters
to come before the council it is September 3rd 851 I'm declaring this meeting closed God bless Durham sir you need is that good enough or do I need perect okay I didn't know if I need w
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