 We're just waiting for 7 o'clock to start there's no mystery. We're just waiting just we've got one more minute Good evening. I'd like to call this meeting of the Durham City Council to order for Monday March the 5th 2018 at 7 o'clock p.m I certainly want to welcome all of you all who are in attendance here today We're so glad to see you to see such a wonderful group of young people, especially with us tonight I would now like to ask you to please pause with me for a moment of silent meditation Thank you. I'm going to now ask councilmember Reese to Preside at the Pledge of Allegiance. Thank you, mr. Mayor and good evening everyone Tonight we are very fortunate to have two great groups of scouts to come up to the front and help us with the pledge tonight So if Girl Scout troop 998 would step on up and come scout troop 424 if you guys would make your ways to the to the front of the Chamber here and Sorry That's the only no, I'm sorry. That's the only girls That's the only troop number they gave us all the girl scouts just come on what a troop 21 as well and all the other girl Scouts I missed I apologize Bad work on my part Make their way up to the front I'll ask everyone else if it's your custom to do so and if you're so able Please rise and join us for the pledge Allegiance Thank you everybody well done. Thank you councilmember Reese and company Let me just say to the scouts and parents and Scout masters that we are so glad to have you here tonight We know that you may not want to stay for our entire meeting and you won't hurt anyone's feelings when you leave If you let whatever you leave so just want to let you know that but we're super glad to have the both the boy scouts And the girl scouts here tonight. It's great and I Want to shout out to my friend Kim Cameron for helping to leave. Thank you so much Madam clerk, can you please call the roll? Mayor shul here near pro tem Johnson here Councilmember Alston here councilmember Caballero here councilmember Middleton here and councilmember Reese I'm here, but embarrassed I'm here to Councilmember Freeman Thank you Okay, and now we're going to move to our ceremonial items and the first Proclamation that we have is the girl scout week proclamation and I'm going to ask a councilmember Deidre honor Freeman if she would do the honors tonight and There may be there. I'm not sure if you all have designated to come and receive this Kim you and some of the scouts, but y'all come on up and join councilmember Freeman over here at this microphone We're presenting a proclamation for the girl scouts and The Girl Scout week Whereas March 12th marks the 106th anniversary of Girl Scouts of the United of USA found founded by Juliette Gordon Lowe in 1912 in Savannah, Georgia and Whereas throughout its distinguished history girl scout girl scouting has inspired millions of girls and women with the highest of Adoles of incur of courage confidence in character and Whereas through the girl scout leadership experience girls gain Knowledge and develop skills that's that will serve them a lifetime So that they may contribute to their communities Girls whereas girl scouting takes an active role in increasing girls awareness of the opportunities available to them today in science technology Engineering math in the arts as well as other fields that can expand their horizons and whereas girl scouts have shaped the lives of 53 percent of what female senior executives and business owners 60 percent of women in Congress and virtually every female astronaut and whereas more than 2.7 million current girl scout members nationwide Will be celebrating a hundred and six years of this American tradition with nearly 50 million women Who are former girl scouts including myself and living proof of the impact of this amazing movement and Whereas in partnership with over 9,000 adult volunteers girl scouts, North Carolina Coastal pines serves nearly 26,000 girl members in 41 central and eastern North Carolina counties including 2,265 of the adult and girl members in the city of Durham now therefore I Steven Shull mayor of the city of Durham, North Carolina do hereby proclaim the week of March 6th through the 12th 2018 as Girl Scout Week in Durham and hereby urge all citizens to take special note of this observance and applaud the commitment of girl scouting Has made to support the life and leadership development of girls Witness my hand in the corporate seal of the city of Durham, North Carolina this fifth day of March 2018 and Kim Cameron is going to actually make some remarks Thank you mayor Shull Councilmember Freeman and other city council members and everyone in the audience girl scouts builds girls of courage and Confidence and character who make the world a better place Each year girl scouts, North Carolina Coastal pines serves over 26,000 girls in 41 counties in central and eastern North Carolina Girl scouts serve 11% of the Girl Scout population in Durham Over with over 2,000 total girls and Girl Scouts and over 718 adult volunteers Girl Scouts are the preeminent leadership development organization for girls and With programs from coast to coast and across the globe Girl Scouts offer girls a chance to practice a lifetime of leadership adventure and success Studies have shown that during the first 20 years of life that a girl experiences of Girl only experiences sorry deeply affect the development of young women's confidence and the trajectory of the rest of their lives We firmly excuse me believe in the power of girl G go-getter I Innovator our risk-taker and El leader to change the world. Thank you Kim Would you like councilmember Freeman and the girls to pose here in the front for a photograph or two? Well, how about the council members at other anywhere other council members been girl scouts? Yeah, go for a girl scouts Thank you girls, maybe you'll Maybe you'll become an astronaut or maybe you'll become a city council member or mayor of Durham. Thank you Oh Wow, awesome All right, thank you very much Now we're on to our second ceremonial item Which is women's history month proclamation, and I'm going to Ask Del Matioli if she would join me and anyone else that you would like to bring with you is Matioli Good to see you We have a proclamation here about Women's history Whereas women have played a unique role throughout the history of the city of Durham and Durham County, North Carolina In the nation in many ways and whereas women have persevered and overcoming challenges and fought for what they believe in And whereas women have been leaders not only in securing their own rights of suffrage and equal opportunity But also in governance medicine mental health social justice business and fashion and beauty and other movements Which create a more fair and just society for all Whereas too often women are unsung and sometimes our contributions go unnoticed with many history books focusing primarily on political military and economic leaders and events However the achievements leadership courage strength and love of the women who helped build America is as vital as that of the men Whose names we know so well and whereas looking over the past 150 years since Confederation Countless women have harnessed their energy and talents found their voice and claimed their place in our country's proud history And younger generations of women will carry the torch and continue to contribute to Durham County, North Carolina in this nation down now Therefore, I Steven M. Shull married the city of Durham Do hereby proclaim the month of March 2018 as women's history month in Durham and hereby I urge all citizens to take special note of this observance as well as library schools and community Organizations to focus on the leaders who struggle for equality like Susan B. Anthony Sojourner truth Lucy stone and many more as we raise our awareness about the generations of women Who have who are and who will shape and influence the history of Durham, North Carolina and the world? Witness my hand the Corpus Celes City of North care Durham, North Carolina this fifth day of March 2018 and I'm gonna now turn this over to Del Matioli from some for some remarks. Thank you. Yes, sure Hi everyone, thanks for the mayor and city council as well and all of you for having the history of knowing about women and I applaud these beautiful girls. I was a Girl Scout and it is the right thing for you to continue Okay, women's history month is very important and it started 1980 when Jimmy Carter put that together So since then I have been trying to elevate us because I realized that mostly everything that we're involved with a woman is somewhere And to get it done Choose some women and it gets done So I am applauding the city of Durham for recognizing how valuable all of us women are and we definitely support our men Thank you very much and have a beautiful beautiful year. Thank you And now for the final ceremonial item of tonight We have a special recognition and I'm going to call on my former council colleague Eddie Davis to make this presentation You may know that in my state of the city address I Named Eddie to be our first public historian in Durham, and I'm very excited that as we kick off the Begin the as Eddie says the parade towards our sesquicentennial that he has chosen to recognize a very special person Endurams history for our first recognition. So Councilmember Davis, please come and with your special honoree and you can do the honors Well, thank you so much ma'am shul. This is a wonderful opportunity for us to have the parade Marshall to be recognized here I'll read it as we have it here And honoring Jean Bradley Anderson Whereas the city the Durham City Council is engaged in a 13-month prelude to the 150th anniversary of the official incorporation of the city of Durham and Whereas the book Durham County the history of Durham County, North Carolina by Jean Bradley Anderson is viewed by scholars as the most definitive and the most comprehensive written history of the city and the County of Durham and Whereas Jean Bradley Anderson a Phi Beta Kappa Graduate of the University of Pennsylvania moved to Durham in 1955 with her husband, Dr. Carl L. Anderson And whereas Jean Bradley Anderson Margaret Nygard and several other advocates of nature preservation took an early interest in the protection of the scenic beauty and the wildlife habitat of the Eno River and Whereas Jean Bradley Anderson has written several books that feature the multi ethnic lives the bustling times The memorable characters and the evolving development of Durham from the Eno and on Konichi native Americans of the 1700s to the diverse and cosmopolitan nature of our 21st century city and Whereas Jean Bradley Anderson provided Pivotal research for the five-volume history of our state called the way we lived in North Carolina which was produced by the State Department of Archives and History and Whereas Jean Bradley Anderson holds the distinction of having taught at Duke University at North Carolina Central University and at Durham Technical Community College and Whereas Jean Bradley Anderson has been involved with many historical genealogical artistic and preservation groups in Durham and beyond and Whereas Jean Bradley Anderson has been presented with numerous honors including induction into the North Carolina Society and the receipt of the Bartlett-Durham Award from Preservation Durham and Whereas Jean Bradley Anderson was one of the numerical contributors to the book 27 views of Durham the Bull City in prose and poetry Steve Shul, some of you may know him wrote the introduction to this collection now Therefore, and I'm reading as it is here I Stephen M. Shul, mayor of the city of Durham, North Carolina and the Durham City Council salute Jean Bradley Anderson and wishes to begin the 13 month parade of sesquicentennial programs events activities by thanking Mrs. Anderson for her comprehensive work as a historical ambassador for the city and county of Durham, North Carolina Witness my hand and the corporate seal of the city of Durham, North Carolina This is the fifth day of March 2018 and it's signed by Steve Shul our mayor Unspeachless after that I'm very grateful to the mayor, Mr. Shul Members of the council and to Mr. Davis especially For this honor I've been in Durham a long time as he said I came in 1959 and during that time I've had a lot of things to do and a lot of people to meet When we first came my husband and I and my son I Was struck with how kind Everyone was I was from Philadelphia and in the north we didn't have such very nice manners And we weren't so warm and hospitable but right away we began to feel very much at home and I had an intense history Interest in history right from the start because I had never lived in the south before But I had always wanted to And during all that time I Have met many wonderful people here and Many of their ancestors too Because most of my time was spent in the archives or the libraries Researching the past I'm delighted that you're going to be celebrating the history for the next 12 months And I look forward to those events. I think it's so important for everyone to know The history of the place we live It will add immensely to our understanding and our enjoyment of every day I'm very grateful to have had the opportunity To write the history and it's very gratifying to know that it's has proved useful Thank you again for this honor I'm very grateful The son I spoke of is here And My daughter who was the only native in our family is here and My good friend who lives at the Forest of Duke and has been a very loyal help to me and two of my grandsons one the daughter of my son Carl Anderson and the other the daughter of my daughter. I mean the son of my daughter a Alexander Justanus I'm so glad they were able to come from quite a distance one from Germany to be with me tonight. Fantastic. Thank you. That was fun. That was a lot of fun. Thank you so much. Let me walk down with you. Before we go we'd like to make sure that the members of the council the manager the attorney and the clerk all have copies of Mrs. Anderson's book courtesy of the Duke University press Thank you so much As Anderson, thank you for gracing us tonight and councilmember Davis. Thank you so much for initiating our Parade towards our Cisco Centennial celebration in April of 2019. Thank you so much And thanks to the family for being here. We appreciate it. I did take a course with Carl Anderson many years ago and enjoyed it quite a lot so All right, I believe we are now Down to announcements by the council Are there any announcements by members of the council? Mr. Mayor I have one Yes, sir councilmember Middleton. Thank you. Good evening. Mr. Mayor fellow council members. Hello friends in the chamber Mr. Mayor in addition to being a proud brand ambassador for the city one of the things I'm proud of is being a Durham's official representative to the National League of Cities a national municipal North Carolina League of municipalities This week the National League of Cities will be holding their congressional city conference in Washington, DC My announcement is that this will be my first official trip since election I think it's important because many people consider Durham and Oasis in the midst of our state and see us as a bastion of progressivism But our continued way of life will only be able to exist if we foster strong working relationships in Raleigh and in DC notwithstanding partisan affiliation so while in DC I plan on caucusing with our Legislative representatives there to talk about light rail funding Rdu funding and something else I plan on bringing up is the concealed carry reciprocity law, which is on the horizon Which of course we're very concerned about gun violence here in Durham I say all this to say that in addition to us as council members talking the legislators I just want to ask citizens to stay engaged not just sending us letters and emails but to contact Raleigh and Contact DC as well And let your voices be heard in addition to our voices being heard in those halls In order to preserve the way of life we have here in Durham So I'm looking forward to that trip and I look forward to reporting back when I get back Thank you very much. Thank you, sir. Are there any other announcements council members? all right now we will move to the The business first order of business or any priority items by the city manager Thank You mayor sure members of the council. Good evening. No priority items. Mr. City attorney. Thank you, mr. Mayor. No priority items that clerk. Thank you, mayor. No items. Thank you very much All right now. We'll move to the consent agenda the All items on the consent agenda may be approved by a single vote of the council Unless an item is removed by a council member or the member of the public for separate consideration at the end of the meeting tonight So I'm going to now read the consent agenda items item 1 mayors council for women appointments Let me just say before we go on that after these appointments are approved. We will Have the swearing-in of these of these of the members of this council Item 1 mayors council for women appointments item 2 Durham bicycle and pedestrian advisory commission appointment item 3 citizens advisory committee appointment Item 4 selection of the external auditor item 5 2017 municipal primary and municipal general elections item 6 woodcroft parkway extension municipal agreement u 58 23 Item 7 replacement radio systems for transit vehicles Item 8 replacement of light transit vehicles item non central park water line replacement project amendment to Item 10 West Main Street north Elizabeth Street water line replacements contract professional engineering services item 11 electric service agreement With Duke Energy Carolina's LLC for a north Durham water reclamation facility Item 12 the bid report for January 2018 item 13 lease of Cleveland Street parking lot for city of Durham employee parking item 14 Durham sustainability roadmap adoption item 15 second amendment to asset management contract item 16 Telecommunications license agreement with South Carolina telecommunications group LLC DBA spirit communications. I have a quick question on 16 All righty. We will pull item 16 from the consent agenda and we will hear it after the public hearings Thank you item 17 utility extension agreement 512 Gordon Street LLC to serve the Gordon Street Towns project Item 19 to 21 these items can be found in the general business agenda under public hearings With the exception of item 16 With the exception of item 16 could I have a motion to approve the consent agenda move to approve second? It's been moved in seconded that we Prove the consent agenda madam clerk. Can you please open the vote close the vote? Motion passes 7-0 Great, thank you very much now. Normally at this time we would move into our public hearings, but we are going to have a special Ceremony now for those members of the The mayor's women's commission our first members of our inaugural group of our mayor's women's commission members when Mayor's council I'm sorry mayor's council for women and I'm going to call their names not all of them are here tonight But for those who are here, could you please come up to this microphone over here and the city clerk will Swear you into office Nana asante Smith neither alum Ashley Kennedy Gloria de los Santos Mina as Ike pay Megan McCurley Dolly Reeves Amy Coke and Rebecca Mielle And it looks like several of them are here and our clerk will now Do the honors Diana Thank You mr. Mayor Are we ready? Okay, I State your name Do hereby solemnly swear or affirm That I will support and maintain The Constitution and laws of the United States and the Constitution and laws of North Carolina Not inconsistent therewith and that I will faithfully and impartially Discharge the duties of my office as a member of the mayor's council for women. So help me God Congratulations Thank you very much To our city clerk and thank you all for all those members who were able to be here tonight Let me just say quickly to the mayor's council on women. We will soon be convening you myself and Mayor pro tem Jillian Johnson will be getting together you with you all for your first meeting and that will be soon We're looking forward to it. Do you have any comments on that? I'm really excited to get started it. I did your honor and I were just saying it feels significant that we're here with a proclamation for the Girl Scouts and a proclamation for women's history and swearing in our women's council. So we're really excited. It's a good it is. It's a it's a great night Thank you All right. Thank you. We had 28 applicants. We had a very hard job. We chose nine members We had 28 applicants and that's it was very difficult to do but we have some fantastic members of this council Now I'm going to move on to our public hearing items and I'm going to begin with item 19 Consolidated annexation for 50 to 20 Wake Forest Highway. We're having a we're having a photography pause This miss Sun Yat come on up and get us started. Thanks Good evening. First off all items listed before you tonight have been properly noticed in accordance with statute and the affidavits Are on file with the planning staff. Can you introduce yourself? I am Jamie Sun Yat with the planning department. Thank you first case is the consolidated annexation for 50 to 20 Wake Forest Highway Request for utility extension agreement voluntary annexation plan amendment and zoning map change have been received from Eastwood homes of Raleigh LLC For one parcel totaling 14.919 acres. The subject site is located at 52 20 Wake Forest Highway This annexation petition, which is case BDG 17 00008 Seeks to bring the parcel into the existing city limits The subject site is presently zoned rural residential The applicant is requesting a zoning designation of plan development residential 5.362 and has committed to a maximum of 79 townhouse residential units The parcel is currently low designated as low density Residential for dwelling units per acre and the applicant has requested an amendment to low medium density Residential, which is four to eight dwelling units per acre, which would be consistent with the zone change Approval of the annexation petition plan amendment and zoning would be become effective on March 31st 2018 key commitments on the development plan associated with this request include specifically townhouse units a 50-foot building set back an additional tree coverage along the southern property line Increased project boundary buffers abutting PID 16618 0 which is one of the properties to the west At least 51% of the units will have only single bay garages and additional asphalt for a future bicycle lane The public works and water management departments have determined that the existing water and sewer mains have the capacity for the proposed development The budget and management services department have determined that the proposed annexation will become Revenue positive immediately following the annexation Additional information can be found in the staff report the Durham Planning Commission at their November 14th 2017 meeting Recommended approval of the flam designation and the plan development residential district by vote of eight to four Staff determines that these requests are consistent with the comprehensive plan and the applicable policies and ordinances Four motions are required for this application The first is required by law to approve the utility extension agreement in the voluntary annexation petition the second is Adoption of a resolution amending the flam designation The third is to adopt a consistency statement and the fourth is for the zoning ordinance Thank you very much. Thank you very much We've heard the report of staff and now I'm now going to declare this public hearing open And I'm first going to ask if there are questions or comments by members of the council All right any questions or comments at this point by members of the council Okay, we have two People who have signed up to speak on this item Tim cybers and There's someone who said they're an opponent but did not sign their name unfortunately, so let me just ask Those people who would like to speak if you would raise your hand just to make sure that we have everyone okay, so Tim and sir, would you Would you mind coming over here and fill out another card and put your name on it? Thank you very much Mr. Cybers You are a proponent of this and I believe this gentleman is an opponent and so I'm going to give you five minutes and If you don't need to use it all you can reserve it for any other comments you might like to make okay Thank you, sir. So thank you Good evening mayor, thank you for your time members of the staff and Appreciate your work as well as the meeting with the council members over the last few weeks The rec quest in front of you tonight is a for our future land use map rezoning and annexation of this parcel the neighborhood meeting was held on May approximately 25 members were in attendance Since then I've provided email updates as well as recently this past week reaching out to some of the adjacent property owners on the cul-de-sac to make sure they were informed about the The road interconnection that would be provided if this project is approved the future land use map is a change currently it is less than four units per acre and we're requesting a change to Medium low medium density, which is four to eight units per acre Our development plan will limit this to five point three units per acre, which is on the lower end of that four to eight unit range We'll provide a transition between the existing commercial and low density residential It'll also prevent inappropriate expansion of the two commercial nodes to the east end of the west The accommodating rezoning request is change our art a pdr 5.3 this will come this will complement the surrounding area nodes as well as the residential subdivision to the south Our project includes commitments of 79 townhome residential units with building materials similar to the single family residential development We know as Ravenstone We will construct NC 98 to a full three-lane section between the commercial shopping center and hill view drive Including an exist an exclusive westbound left turn lane at the side entrance and an eastbound right turn lane at the side entrance Provide additional asphalt for bike lane tree coverage boundary buffers and a maximum of 50% impervious area coverage During the planning commission. We have agreed to provide additional setbacks as Miss Sonjek provided in her review While meeting with some of the neighbors Planning commission members and members of the council a few concerns were brought to our attention that I would like to review Traffic the road improvements committed tonight and on our development plan provide reasonably expected Will help mitigate the reasonably expected traffic for 79 townhome unit subdivision The interconnection of the adjacent development will allow multiple points of access for this project NCDOT and the city of Durham are working together on the NC 98 corridor project Which you all know will provide improvements from Durham to Wake Forest and in addition a signal is proposed Just to the east at olive branch and NC 98 intersection, which will help slow traffic along the front of this property Stormwater the project area currently does not contain any stormwater measures Allowing the runoff to flow on to the adjacent properties without treatment An irrigation pond an existing irrigation pond was removed by the homeowner and provided absolutely no treatment to the stormwater Our project will provide treatment and necessary erosion and stormwater controls at this as the city stuff cities stormwater controls Measurements have become increasingly stringent over the last few years This development has stormwater devices that potentially make things better for the downstream residents Tree coverage natural areas and open space The developer and I are very aware of the need to connect open space and natural areas existing trees to accommodate to accommodate this We would like to add a commitment tonight to provide a 25 foot natural area along the southern boundary line That will be in the same location as the 50 foot building setback The natural area provide existing trees To remain undisturbed along the existing single-family houses And provide a connection of the existing open space area within the Ravenstone subdivision In addition, we'd like to commit to providing a minimum of 15 percent tree safe This will allow existing trees to remain as well as plant new material for the future The offsite sidewalk connection on NC 98 After the planning commission meeting and the suggestion to provide this connection The developer and I have agreed to provide this connection and agree that it will be as needed for the connection to the Ravenstone shopping center Recently approved site plan for goodwill community foundation will construct about half of the sidewalk between our site and the Ravenstone shopping center We agreed to provide the remaining portion, which is approximately 300 feet 300 approximately 305 feet However, this this location is in the county And we've been working with the county of a plenty department to currently come up with some information about how And who will provide maintenance and liability for this location? And I know there'll be questions on that in a few minutes The school system we would like to provide an additional proffer tonight for 500 Mr. Cybers, I'm going to go ahead and let you finish that Proffer and then I'm going to Ask our next speaker to come and then we'll see if we have questions for you. I have two additional proffers Go ahead and you can say it under a minute if we need to give more time to the opponents will do so Thank you School the school system. We'd like to provide an additional proffer tonight for a 500 dollar Contribution to the Durham public school systems for each additional student added by this development And the second proffer I'd like to add of course is affordable housing It's been a very hot topic and I did have some additional comments But I'll sum it up in saying the developer and I are aware of this need and we would like to provide an $8 000 one time donation to the affordable housing I think it's affordable housing fund or work with a local developer for example kasa That can provide affordable housing here in Durham Thank you. If I have any questions i'm available Thank you very much. I'm sure there'll be questions, but i'm now going to Ask mr. Jonathan tally if he would like to speak As mr. Tally is coming forward. Is there anyone else who would like to speak on this item? Thank you. Mr. Tally you have five minutes. You don't have to take it all at once if you would like to Save some of it Thank you, mayor Good evening mayor and city council. Sir. Could you state your name and address? Jonathan tally 220 hill view drive Durham Good evening. I'm not going to take up very much your time. Um, I was able to send a a correspondence to you all with some Topics that I was felt pretty strongly about and I'll just summarize a few of those and Maybe some of the time later. I'd like to address those that'd be fine The development in general I didn't find was Let me let me start over I've been involved with this development and the public hearings that they've had with the members of our community from the beginning and Throughout the time we've had a lot of questions and and concerns about many of these topics These are some of mine. I didn't find that the development was consistent with our community Or the comprehensive plan the low medium density housing Zone that was requested Isn't similar to any of the other communities around our community our neighboring communities the developments that are that are popping up around us Also, one of the big topics was uh the economics I remember early on the developer mentioned that Any smaller or any more rural residential zoning Lower density zoning wouldn't be economic for the development and that really hit many of us in Ravenstone because we were involved in a failed development fiasco a bit Where developer was overstretched and they weren't able to Continue and finish our community so Economics and situations that involve such a tight budget concern a lot of folks You know if the economy turns around or something like that we might find ourselves with another failed developments just extort to us Many of the other items were revolved around transportation in the busy corridor that's highway 98 It's already very busy in the morning and evening. This would just be more Cars on the road and even adding things like a bike lane and pedestrian traffic next to that road I would love to walk to the grocery store at the corner But I can't because of the traffic that's currently there now, and I don't know if I would feel safe on a sidewalk either We just finished our storm water and street infrastructure recently in our community and Many many times have we had overflowing sewer grates and storm water that flowed on That property onto our lots, so just development continuing that doesn't seem like it's going to be a a positive influence to that What I would like to see is affordable housing in other locations. I don't think that Do the economics of this development? And the location of it There's there's not really a good spot for affordable housing In this area, there's not easy Public transportation to jobs There's not a walking community where folks can live affordably and walk to work take public transportation to work And the price point in this area I don't think that Anyone could support that unfortunately. I do feel like affordable housing is a very important topic And it should be considered in other areas of Durham to where that makes viable sense And finally the parks and recreation in our area We're in a parks and rec desert If I want to take my family to a park I have to drive to to wade county or raleigh and go to a park with with friends of ours There's there's nowhere for my my child to play Unless it's in our community and I don't I don't know this developments They're going to add a park a small park for their residents or whatnot, but I would really love to see Different types of development in our area and not more housing but more services for the residents So that's all I have Mr. Talley, thank you very much You might want to stay up here for a minute. Mr. Talley Just have a seat because council members may have questions for you. Thank you All right council members Questions or comments at this point for The applicant or staff council member frame so The question would be for staff and recognizing the comment that mr. Talley made about The overflowing grades Stormwater Robert Joyner public works department Please repeat that question for me. Please so specifically with the That area that this development would be going into or that's planned And How would we address this rural development shifting to more suburban And developing a plan that makes sure that those grades aren't overflowing any more than they currently are so part of the requirements of the stormwater division Include evaluating the existing conditions downstream And as such they look at both the quantity and quality Of the development under city rules And And so I just just making the note for the rest of council. So I voted against this on the planning commission Specifically because I'm concerned about this area continuing to shift from rural to urban or urban rural to suburban And heading into urban with the density that's pretty much developing And having a concern about the area being planned in a way that makes sure the traffic doesn't become an issue That there is a safe way to to grow so that developers can continue to develop I I feel comfortable voting for this development. I just want to make sure that we're we're preparing to to come up with some Intermediary Fixes for some of the stormwater conversations that keep arising Do you have any more comments on that robber anything else on the stormwater? No, sir, but I will make sure that the stormwater team is fully informed of this matter and they will check into it Thank you councilmember austin. Thank you, mr. Mayor. Uh, tim just a couple questions I know you referenced the neighbors in the joining cul-de-sac. Um, could you just summarize what responses or Um input came from those neighbors at all during this process We could go today sent a letter out to the those four neighbors that are around that cul-de-sac And hadn't heard any responses. So actually yesterday I went and knocked on doors because I wanted to make sure they had the opportunity Because their driveway will be impacted if this road is connected as the Public works would require that the cul-de-sac be removed. So I went and knocked on doors Two of the four homeowners were at home on the I had knocked this afternoon And was able to speak with them the two homeowners that were home are directly adjacent and they share a property line with this project So those were the two Two of the had out of the four they had the more impact for this development I don't know the addresses but the um resident on the northern corner of the cul-de-sac Uh, was it was an elderly lady and um asked that her son give me a call Unfortunately, he was not able to call me today, but they did say that they um, they had actually I will quote her Think it's a good thing with the road connection. Um, she had was was actually hopeful that the uh cul-de-sac would be removed and did have no problems with the development itself The gentleman on the southern portion that have bought our property as well His main question was how many units is it going to be? And so I answered that as the maximum of 79 that would be townhome units He as well had no major concerns With the road connection and had already understood that the right-of-way was previously extended past the cul-de-sac and that that's That's how the city Requires and provides for internal connection So he knew that was there and when he bought his house understood that that could be a thorough could be a connection in the future I appreciate that one other question Uh, you mentioned the five foot natural area around the southern boundary line. Yes, could you just explain What natural area means you mean a tree line? What sure sure so on the the back edge of this property that is on the southern edge adjacent to the ravenstone subdivision We this project boundary is adjacent to actually open space So what we want to do is we want to connect to their open space And what we'll do is we'll put tree protection fence up 25 feet off of our property line And it'll stay as it sits today natural. There there is existing vegetation in there existing trees Mostly soft woods, but they are 30 to 40 foot tall It's not But it's it's also pretty thick in that area So that'll help not only provide the open space and tree coverage We'll also provide a buffer to the Residentials residential parcels to the south and that exists today in ravenstone Thank you May I just Sure, of course council member freeman. Um, actually for tim side silver. I'm sorry Cyber cybers. Yes cybers Oh, you mentioned the 8000 for the fund. How did you come up with that number? Uh, there was a couple calculations put into that number. Um, again, this is a smaller subdivision 79 units. So we took that into effect with the amount of road improvements and For this site for 79 lots is is quite a feat So we took that calculation and worked in the Basin fees as well And the number is truly based off. It's approximately 100 units or 100 dollars per unit with our 79 That's where we came up with this number. Mr. Mayor Okay, council member melson. Thank you. Uh, miss tally I want to ask you a couple questions if you don't mind First off, thank you ma'am for coming out. Uh, we take, um, our residents and put very very seriously on this council So I want to thank you for taking your time and coming to talk to us I want to be clear because I was listening to you very intently Is is it your understanding that this is an affordable housing development or an attempt at affordable housing? Uh, no, sir. Um, it was my understanding that during the planning commission, there was a lot of talk of affordable housing and, um There was a lot of back and forth with the developer about What what might be considered affordable housing and what type of homes were coming out of this community? And while there wasn't enough information available, there was a lot of talk back and forth So, uh, it's my understanding that this wasn't But i'm also under the impression that there's not a clear definition for developers to to be making affordable housing considerations for development You also mentioned your concerns about traffic patterns. Would the proffers made by the developer? Uh, not address your concerns about traffic Um to talk about the widening the roads. Would that not address that? So, um The proffers were were quick at the end there. So I didn't I might not have catched them all but I believe it was a bike lane um a widening of a turn lane or initiative of a center turn lane and, um During one of the one of the meetings with some of the other residents of my community We all talked about how, um, you know, those lanes were we're kind of classified as terrible name, but a suicide lane because of traffic and Moving fast on both sides and people try to turn out of that lane and make a left turn in the community Um, and honestly during heavy congestion. It's it's a standstill So anyone trying to make that turn is is kind of gunning their car. So I don't know if making it safer would be my Um Agree and and finally let me ask you just to be honest with you as a policymaker that that Parsons problem. It's not going to stay blank forever empty forever. So ideally What what would what would you want to see go there if not this type of development? Um, my main concern about this type of development is the fact that it's not consistent with our development and developments around us It's a high about consistent. Um the amount of homes per acre Is it's a higher density? Development than our development So the more people per lot the more infrastructure the more traffic In the less services To be divided up above around those people Okay, thank you, sir. I have one question for the developer Full disclosure we talked very directly about the proffers when you met with my office and I appreciate the proffer to the For the housing fund it $8,000 if instead of giving us $8,000 you talked about working with a local Developer, correct. What would that look like and you wouldn't cap that help at $8,000? I don't how how would you quantify is it possible that we can get more out of you? Is working with a developer than a $8,000 cash? um So so our we'd like to stick to the $8,000 but work I think Sure I think with working I as a potentially an option to work with casa as an example or habitat for humanity or there's there's other great Institutions that do do affordable housing in the area Private development may go further For with that $8,000 than public development way But that's why we left it open to be a donation to The public as the city of Durham for the affordable housing fund or a private donation for casa So if you worked for someone with an organization like casa or habitat you would you would quantify $8,000 worth of work with them in some form or fashion is Uh, don't fully understand your question. So it's it's an $8,000 donation, right? But if okay, so it's is it either or or if if you don't give us $8,000 and you work with a We say instead of giving us $8,000 partner with a developer to do some type of affordable housing Project, do you have some type of internal equation? By which you'll cap it at $8,000 working with the developer instead of give if you didn't give us the $8,000 Us being the city Still don't follow your question sir So so the options that that we've brought and and maybe maybe this is the confusing part We would like to we'd like to provide an $8,000 donation But I heard you also say or and correct me for or work with a local Meaning meaning the donation would either go to the city or to The donation, okay Okay, it's an $8,000 donation to somebody. I got you to an affordable housing developer Whether that's the city or a private fund got you got you got you. Thanks. So the $8,000 I got correct. All right. Thank you I appreciate you Thank you Councilmember Caballero, I also have questions for the developer really quick I know the answer to this question, but could you share the price point for the townhomes? Yeah, the price point to start is approximately 200 to 225 thousand Thank you And then when you're talking about the turn lane, could you just share a little bit more about that? Just so I can have like a visual of what that is. I full disclosure. I drove out to the site today so I could see um The impact on traffic and just how because it seemed to be a big concern. So I wanted to experience it myself So I would just like More description on where it's placement essentially, okay In front of the ravenstone shopping center, which is the food line There are turn lanes in there as you approach the frontage of this site It actually goes down to two lanes which are both through lanes and then back to the next intersection Which is where the future traffic light will be it goes back to three lanes With it with turn lanes Again, the front of our site is just two through lanes. So what we're going to do is right at the front We're actually going to double that we're going to create four lanes So there'll be a dedicated eastbound turn lane and a dedicated westbound turn lane So anyone that is turning will not be sitting in traffic Hope and you know, they'll be out of the way of the through traffic Thank you. You're welcome Thank you council members any other questions or comments? I have a couple I also drove out there and Just one question I have I guess I'd like to ask staff Mr. Judge, do you have comments that you'd like to make about the sufficiency of the Prophers regarding traffic that uh, mr. Syvers has talked us about Yes, bill judge transportation the The proffers related to the left and right turn lane construction to provide as mr. Syvers indicated Um our requirements of the city and ncdot So they are they're meeting those requirements as well as the uh, we requested the additional four-foot of asphalt widening for the frontage of the site to provide for bicycle accommodations and they provided that as well And in your estimation are these requirements sufficient to handle the traffic that you believe that will be Added to our roads through this development Yes, those uh turn lanes are needed as mr. Syvers indicated in order to provide a Safe location for vehicles entering the site to move out of the through lanes of traffic on nc98 Thank you So I guess this is a question for planning Mr. Syvers indicated that the developer would like to proffer the construction of 305 feet of sidewalk But that that sidewalk Is in the county and would require the county to maintain it which the county does not typically do So i'm wondering if staff has any comments on that Yes, it it was our understanding that there wasn't um interest in constructing a sidewalk Uh full disclosure planning staff has received calls from one of the neighbors who abuts the property And uh, she wasn't necessarily opposed to having the sidewalk Constructed there, but her concern was the um liability and the maintenance of the sidewalk The applicant as he mentioned earlier has introduced a proffer for the construction of the sidewalk, but it is problematic For the reason stated it's not located within the property is not located within the city limits so um my There has been some back and forth between the planning staff and the applicant As late as a couple hours before and there are a couple options that have been suggested And before the applicant mentions that I just wanted to state for the record So we have good housekeeping the applicant does need to come up and go through the entire list of proffers From the beginning so that we have a clear record of exactly what they are Thank you. We'll do that in a few minutes. Thank you, miss sonyak Why don't you talk to us now about the options for the uh sidewalk? Good evening pat young with the planning department. Um jimmy did a great job But just to put a fine point on what she said um the only option for that sidewalk to be Uh constructed uh ncdot will not maintain it and the county will not maintain it The applicant will have to seek a private agreement with the property owners To maintain the sidewalk. So the the proffer is contingent on that And because this the existing current owner has expressed her her unwillingness and lack of interest in that There's a concern about the this proffer being implemented. So just want to be really understand clear Thank you very much. I think that came through but I wanted to be pointed on thank you Okay, so then in other words the options that exist would be What you've just outlined pat then is the option that exists, which is that there would be a private agreement between the developer and the and the property owners That there would be an agreement that the property owners would maintain this sidewalk That's right. That's the only party that has the illegal ability to do that There's no annexation being proposed for those adjacent sites So um in effect then I assume that that proffer Is not effective at this point It's the way I'd say it is it's contingent on the that agreement being reached with the with the adjacent property owners Is that something is that a kind of contingent proffer that we are familiar with and can take? Yes, and and that's why miss Sunyak asked that the applicant read the Detailed language that they sent us today that makes that contingency clear Is the contingency It the the burden then I would assume would fall to the developer to do this Make the contact with the private property owners It would so what what we've asked for And I believe they're prepared to proffer that'll be up to the applicant Of course is that there would be some kind of offer of just just compensation to to do this It wouldn't just be a request. I see but they they'd owner of course still could Then refuse that and then the sidewalk would not get built at this time. I understand. Thank you. That's very helpful Pat The uh the sidewalk is there an option to construct the sidewalk on public property If someone would accept it or is there not uh space enough to construct that sidewalk? So that that's a very good question and and it's not clear There's a possibility this that the sidewalk may be able to fit in existing right of way There's a this is what's called ribbon paving. There's not curb at this location It would have to be behind an adjacent ditch for safety purposes If you've been past this site the adjacent credit union site has got that style of construction and so To answer your question, mr. Manager part of this would be Obtaining the rights possibly to use the uh joiner's private property to put the sidewalk in and get and therefore get in a An access easement as well as a maintenance agreement And this is a sidewalk the developer could construct a portion of sidewalk on their property on highway 98 So the app the applicant will be required to build a portion of the Sidewalk on their property and then going back to the east from there Right so going back. Well, so this is actually to the west. I think what's under to towards the shopping center is what's being subject to the proffer And that's where they would either need to Work with dot to put it in their right of way and get the adjoining property owner to maintain it Or actually acquire the rights to the property from the property owner and have them maintain it Those are the options. Are you aware of any? Plans or potential development on that adjacent property back to the west between there and the shopping center There there's one segment that the applicant referred to the goodwill Property that it is under site plan and will have to build the sidewalk, but there's another 300 approximate foot I believe it's a single family residence And there's no imminent plans for that to be redeveloped or changed I think over the medium term certainly that's likely given the development pattern out there, but there's no plans We not had situations in the past where developers made a contribution to the city sidewalk fund And lua building a sidewalk and could that be an option in this case so that when and if that property is Finished and developed that the that money could be used toward that completion. Yes, that's an option It couldn't be constructed and maintained in that location until such time it was a xanax But yes, the your ideas is legal and possible and has been done previously. Thank you Thank you. Thank you, mr. Manager for those questions um And thank you councilmember caballero for pointing out the price point, which was a question I had as well So Let's why don't we do this then mr. Syvers? Why don't you? Make make explicit the proffers and uh, let's have our staff Let you know whether or not they work for Work for us. Okay. Okay. Yes, sir. Thank you very much Again tim cybers whorevath associates um So i'll start with the sidewalk since that's the hot topic The developer shall construct a five foot wide sidewalk along the frontage of 52 18 and 52 10 wake forest highway West of the project frontage for approximately 305 linear feet To to connect with the approved site plan d 16 000 42 If either of the following options are accepted by the property owners city of Durham ncdot Prior to the site plan Option one additional right-of-way is not needed for the construction of the sidewalk and property owners adjacent to the sidewalk will provide maintenance and liability Which we discussed is currently not an option because of the existing owner Option two additional right-of-way is not needed for the construction of the sidewalk and the right-of-way adjacent to 52 18 And 52 10 wake forest highway are annexed into the city limits at no cost to the developer And tonight uh staff I would also like to add in there a third option As the city manager mentioned that we would be able to or we would commit to adding an option for the payment in lieu of that 305 feet so it can be developed in the future if needed Thank you. Um, let's let's wait and and get the other Prophers in a minute. Let's go ahead and discuss that one if you don't mind. That's fine. So The there I assume that the payment in lieu would need to carry some sort of dollar figure or formula with it Can we Hear from staff on that Good evening pat young again with plenty of apartment. So that's set at 65 dollars a linear foot for the 305 feet And that that's the prevailing rate and is in the current city code So the applicant could profit a different amount, but that's that's the standard amount 65 dollars per linear foot And for the record it is flat out there. So okay, it is commensurate roughly. Thank you Mr. Cybers Yes, sir Can you uh refine your proffer to proffer the uh the sidewalk? In lieu payment at that rate. Yes, sir Do I need to state that again? I think they like it when you do it not what I do Uh as a third option We would would be willing to proffer the payment in lieu at 65 dollars a linear foot for the 305 linear feet of the adjacent sidewalk Thank you very much And mr. Cybers you want to go through your other proffers now to make sure that we're all on the same page Yes, thank you. Mr. Mayor if I might i'm sorry to interrupt I wanted to ask the applicant to clarify if I might mr. Mayor um The way you phrase that commitment it sounded like it was option or choice of of the applicant whether to choose option a b or c And uh that that's a doesn't seem to express the intent of the conversations having there you have the right to do that But I wanted I was hoping you would clarify that. Yes. I apologize. That was not my not my intent We will we will do we will do one of those three options and it looks like it's likely is the payment of the Is that clarify the city's discretion? Correct It's at the city's discretion discretion. Okay, that's the clarification. That's helpful. Yes. Thank you. Thank you, mr Cybers. Thank you. Thank you pad and uh, how about your other proffers? Okay The second proffer was mentioned that was we would provide a 25 foot wide natural area along the southern boundary limits As indicated on sheet d 100 and I will provide that updated plan sheet to the planning staff On number three a minimum of 15 percent tree save area will be provided Number four prior to issuance of a certificate of api certificate of occupancy Provide a one-time 500 dollar contribution to the Durham public schools for each additional student estimate to be added by this development And number five and last one prior to issuance as a of a certificate certificate of occupancy Provide a one-time eight thousand dollar donation to the city of Durham dedicated housing fund Or a local affordable housing developer to assist with the development of affordable housing here in Durham. Thank you. I'm going to Just to for clarification We're on the same page here. There are three students at it. Is that correct? Is your understanding? Sorry, what was that sir? How many students is that? That is correct. Yes, right And so this will be a 1500 dollar proffer. That is correct and um, When would that payment be made? Uh prior to certificate of occupancy. Okay, how about I'm just going to suggest that you Profer the The affordable housing money to the city's dedicated housing fund Then we can work with the nonprofits and I think that would work best. How would you feel about that? That's fine, sir Yes, right and then Yeah, I think those are my only questions anybody else have any questions or comments at this point council member reese Thank you, mr. Mayor I had a question for you about this development. I didn't I looked through the The materials I didn't see anything about like a little um Play area what do they call it that? Top lot does that sound right? I don't know what I'm talking about Is there a little play area intended for this development for the folks who live there? Yes, that's not shown on the development plan sir because it's actually a udo requirement So yes, it is a good thing there. There will be not necessarily a top lot But the option is there for some sort of active play area could be a soccer field It could be a playground, but there there will be some sort of park area On this development. Okay Thanks Thank you very much I just have a few comments to make and council members may have some others First of all, mr. Talley. I want to thank you for coming out Really appreciate it and your questions really helped me think about what my questions ought to be And I know it did for my colleagues as well. So thank you Let me just say a couple of things. I think that Occurred me about this I do think that this is A price point that we need to be building houses at in Durham that there are a lot of people in Durham who Are having a hard time affording a home At higher price points that we're seeing so often in Durham And I think that for many people that this is A good price point and what and this is a this is a level of housing affordability that we need more of In the density on the density question and I understand Mr. Talley you're where you're coming from on this, but I do think that this is at the lower area of the What's on the site plan? Is it the development plan site plan development plan? Is it on the lower end of the permissible density here? with the rezoning and I don't I think that one of the things in Durham that we're going to have to get used to is that we need more density We are we are either going to be building Houses or we're going to have the prices of housing in Durham is going to go through the roof and we're not going to have enough housing So I think there is a limit to density and we want to be careful But to me I'm just saying for myself that this That this development definitely does not go over that limit and I think is actually at a pretty good density In this in this situation Um, so I think those are my Only comments, uh, any other I do want to say one other thing. I appreciated councilmember freeman's initial marks about Uh, this quarter and I know that this is your neighborhood, uh, and whoever your new neighbors will be I do this is a this is a busy corridor and, um So, um, I think when michael just went on Can you can you hear me? You need your mic, Steve. I've got a thread. Yeah, I wear two mics If you can believe that because apparently I don't speak loud enough. So now I was speaking to my third um the I appreciate what councilmember freeman had to say about this quarter. There is a quarter study as she mentioned It's going on for 98 But that is a ways off, uh, the results of it are ways off and I just want to say to our members of And it will only do a few things. It's not going to do the kind of small area planning that you've referred to So I just want to say to our members of joint city county planning of which i'm not a member That this might be something that you want to take to joint city county planning I'm not sure how high up the priority list it will get given the tremendous demands on the planning staff But I think that is probably the right venue to start introducing that as a as some some kind of planning that needs to So thank you for that. Appreciate it. I appreciate you calling it out All right council members any other comments or questions? Please I want to echo. I thank you for mentioning that it should go through or a Kind of a process it could go through is through the joint city county planning. I'm also not a member. So It's up to you guys I I I want to um, just point or just say to mr. Tali I do also I hear your Concerns and I really appreciate the way that the developer has tried to Kind of meet you halfway on most of that. I hope you feel like That's been the case and if you don't that you'll continue to speak with them through the process Because it doesn't just stop here and I want to say to mr. Cybers I appreciate you taking the initiative to actually Create the tree safe Area, I know we have a conversation about that and then also thinking about the affordable housing And even though it's not something that would happen on your site being being proactive about being engaged in what the city needs As a priority and I also want to commend you as well on taking the initiative to do the 500 dollar per student amount I just want to say that this this is like a turning point So I've served on the planning commission for almost four years And I know that that the developers of our city or developers around The country are coming here to derm and we want to welcome them But we want to be sure that the needs of derm are met And so I really want to thank you again for trying to meet those needs and to listening to our residents who are existing in the community as well Thank you very much any other comments or questions If not, I'm going to Let me ask one more time. Is there anyone else that would like to speak on this matter? Anyone else who would like to speak on this matter? All right If not, then I'm going to declare this public hearing closed and the matter is back before the council Mr. May I motion to adopt the ordinance and it's annexing 5 220 week force highway second Thank you very much Thank you very much They're back on Yeah, I got it. Thank you. My mics are back on again Thank you. I buzz now Thank you very much. We have a motion from councilmember austin to adopt for motion one to adopt the ordinance annexing 5 220 wake force highway Is there a second? Any discussion if not madame clerk, will you please open the vote? Close the vote Motion passes seven zero. Thank you very much If I could just count count very awesome. Would you like to make a second motion? I would but it appears to count Motion to adopt a resolution amending the future line east map is there a second right councilmember freeman Did you have comment? No, I was just also going to say I want to also commend the planning commission for being as detailed and Keeping an eye on these developments as they occur especially what I agree. Thank you. Their comments are always extremely helpful All right, we have a motion and a second on motion to any discussion If not madame clerk, will you please open the vote? Close the vote Motion passes seven zero. Thank you very much Motion to adopt consistency statement second. It's been moved to second that we adopt the consistency statement any discussion not Madam clerk, will you please open the vote? Close the vote Motion passes seven zero councilmember ralston And then motion to adopt an ordinance amending the unified development ordinance. Thank you very much. Is there a second? It's been moved in second that we adopt the ordinance amendment at udo Is there any discussion if not? Madam clerk, will you please open the vote? Close the vote The motion passes seven zero. Thank you very much Thank you all very much for being here on this item For those of you all who came for this neighbors and uh, and the applicant. We appreciate it We're now going to move on to item 20 the street closing for ren road and we'll hear the staff report on that Good evening jamie sunyak with the planning department Ellis road residential lp proposes to close 896 linear feet of public right of way in order to conform with the approved Site plan for ls road phase two. This is case d1400380 The right of way is currently dedicated and a portion is improved is improved If the request is approved the closed right of way will Acreage will be added to the adjacent parcels both owned by ls road residential lp Staff recommends that the council approve the permanent closing of 896 linear feet of this street Thank you. Thank you miss sunyak. We have now heard the staff report and i'm going to declare this public hearing open First of all, are there any questions by members of the council for staff? Any questions by council colleagues? If not, is there anyone that would like to speak on this item? Is there anyone in the public that would like to speak on this item? Anyone here who would like to speak on this item? All right, any other questions council members? Just just raising a general concern anytime that we're closing a public street and turning it into private property I don't know if there's any conveyance of Like a fee or however, but um Just just trying to figure out if this is maybe staff can answer that question for us Is there any fee when the when this uh conveyance occurs? well, technically The existing public right of way is going to be closed, but there will be a Realigned road that will provide access which will be a public road. Okay, so it's it's closing one And realigning and an alternative that would be the difference Because they're just realigning where the road would go. That's right If you in the staff report, you'll see one of the attachments has the Approved site plan that shows the road The new road alignment So it's a it's a procedural matter in order for the applicant to conform with the site plan that was approved All right, any more questions council member freeman or others? All right, if not, i'm going to declare this public hearing closed and the matter's back before the council Do we have a motion Move to permanently close 896 linear 899 896 linear feet easy for me to say feet of rin road It's been moved and seconded that we adopt the order Any more discussion? If not, madam clerk, please open the vote Close the vote Seven zero mr. Mayor Thank you very much and now we'll move to item 21 can solid item item for nc 54 storage And we'll hear the staff Good evening. Jamie Sonnyak again with the planning department A request for a future land use map amendment And a zoning map change has been received for a 1.9 acre property located at 1 0 0 3 east nc 54 The flam amendment would change the current designation of office to commercial The applicant request to change the zoning of the site from residential suburban 20 To commercial general with a development plan with cgd key commitments on the development plan associated with this request include A self storage facility limited to 120,000 square feet building additional right of way for a future bicycle lane Constructing a bike. I'm sorry constructing a bus pull out and shelter on the north side of nc 54 offering across access easement to the property to the east Building and parking envelopes tree coverage locations and project boundary buffers The planning commission considered this request at their December 12 2017 meeting and recommended approval of the request By a vote of eight to four Staff determines that these requests are consistent with the comprehensive plan and applicable policies and ordinances Action on this item will require three separate motions and votes One for the flam amendment One for the consistency statement and one for the zoning ordinance. Thank you Thank you very much miss sunyak. You have Heard the report of staff and i'm now going to declare this public hearing open And first i'm going to ask if there are any questions or comments by members of the council All right hearing none. We will hear from members of the public I have here Six people who have signed up to speak on this item Uh, all of them have said that there are proponents of this uh of this Development, um Are there any people who would like to speak as opponents of this development? I just want to make sure when I divvy up the time here. I'm being fair Anyone who would like to speak as an opponent of this development. All right There's six members of the six people who have signed up as proponents Mr. Syvers, I'm going to give you all 15 minutes. You don't have to use it all but you may use it all And um, I'm gonna are you would you like to start mr. Syvers who would like to start mishwedler you Yes, mr. Mayor, uh, jamie will actually start the presentation. Thank you say again Jamie swedler with parker poe on behalf of the applicant and i'll begin and then turn it over to the remainder of the speakers okay Mishwedler, I don't see that you've signed up. So when you finish tonight, would you please do so? I can do that. Thank you very much. If I could just have a minute to get I had I have a quick power point if I could just have a minute before the clock starts to run Good evening. Mr. Mayor members of council. My name is jamie swather with parker poe Adams and Bernstein Here on behalf of the applicant. I'm a 301 Fayetteville street in raleigh Thanks to miss sunyak for going through that presentation I'd like to just highlight several key offerings of this development And walk the council through where it's located just to cover any any questions you might have As miss sunyak stated, this is a adjacent to the barbie road retail site on the corner of 54 and Barbie road are also changed into the greens of pine blend and this is a rezoning and a future land use map amendment Here's a view of the existing site And this is a view of the site in context as you move from east to west along highway 54 Taking a look at both the intersection the barbie road retail site that was just approved by the council in the fall Our site in the middle and then the apartments there in the distance Towards the west The key text commitments that miss sunyak highlighted are the limit to the use to sell storage the limit on the square foot maximum We also are limiting the distinct architectural features and the limited building elements in terms of stucco brick and stone And this is done in a way to make the the use low intense and also compatible with the with the neighbors The limit to self storage is one of the most limiting aspects to this This offer because the traffic is so low here It limits to a less than 40 trips per day. We didn't need a traffic improvement analysis and Those commitments that you see there are approved by dot and went through the staff Um, I'd also like to highlight the craft cross access commitment to the barbie road retail site That provision specifically Was a result of going through planning commission A second time and adjusting some of the traffic commitments so that we could have cross access to the barbie road retail Should the sites a determinant development plan that they can work together Adjacent use is a neighborhood engagement We we spent a good amount of time reaching out to neighbors and looking at the adjacent uses and how we could be a good neighbor In addition to the low traffic and low use intensity that self storage Entails we visited neighbors across the street We visited neighbors in the greens of pine glenn and we've been working with them since the required neighborhood community Meeting all the way through the process In addition, we reached out to the individual renters in the greens of pine glenn In the buildings that were adjacent to the site we contacted over 72 renters We brought with us a bilingual translator so that we could reach all the members of that community And we received overwhelming support many of them Had been aware of the project and of the process that had no concerns and it chose not to appear Some of them will be here tonight To talk about their favor of the project And then highlighting some of the planning commission's comments again They echo on that low impact. It makes good sense. It's a reasonable expansion of the commercial node The two concerns that were raised by the planning commission. I believe we've been able to To address and I'd like to highlight those for a second. The first was the height There was a concern whether this height was really compatible with the adjacent uses and we've prepared this cross section that shows A potential building on the right. That's on the barbie road retail site. That site was approved for a 50 foot height limitation Our building in the center, which would not need the full 50 feet And so we're willing to offer a proffer to limit us to 43 feet And then the existing Two-story apartments on the left side of your screen at the greens and pygons Because they have gabled roofs, those are actually 30 feet. And so if you take a look at the topographic Layout as you go down 54 and you look at the approved heights from both the barbie road retail To our proposed site and then down to the existing neighbors It draws a nice line that ties in very well that this section wasn't available for The planning commission to review and so we felt important to show Council how the grades work in that area and how our proposed height actually is very congruent and is a reasonable transition between the two sites In addition, there was a concern about this Schwedler. Yes Is that a proffer of the 43 feet? Yes, mr. Mayotas could you just say it again, please Okay We're willing to proffer a height limitation on any building on the site to be no higher than 43 feet And turning to the second concern that was raised by planning commission about the the appropriateness of the expansion of the commercial node This area in the center shows how this new commercial node that was approved for the barbie road retail site Fits in with the much larger commercial nodes on either side Along 54 and the very small Expansion that this change on the future lani's map amendment from office to commercial Wood result the barbie road retail is the large red in the center there and our site is the rectal angle Pink area to the edge as you can see there's a lot of development that's already occurred in this corridor It's bordered by 40 to the north and so there simply isn't much room for it to expand And for these reasons the both the future lani's map and the reason you're consistent with UDO 3.4 0.7 The change is consistent with the intent the goals That are aligned in the staff report It's also compatible with the existing land use pattern because it makes a small Expansion of a commercial node in a low intense way and in a way that's respectful to the neighbors And it provides an appropriate transition Between the commercial and medium density both in terms of height and in terms of stepping down in intensity of use On three the change would not can create substantial adverse impacts because We're again having that low traffic impact We reached out to the neighbors and have not heard any concern that we're not able to address And for the site is just simply too small to make Comparable use in terms of of office because it is so narrow and it's much more suitable for this this commercial use Going on to the The two other aspects of the nodal development and cross aspects are both met by our text amendments And you can see the policies cited there And finally just to note the topography you can see in this map how it slopes severely down from 54 in barbie down toward the greens of pine glen There was a concern raised by council about storm water and we explained that not only will we have to meet Of course all of the storm water regulations by the city But that there is no existing storm water problems on the greens of pine glen Parcel and that there shouldn't be any Added by this development You can see how kind of substantial that is and how significant that that cell tower is there in the distance That's at least twice as high as the the buildings that we're proposing Um, and so with that I'd like to to close and see the rest of my time to the speakers tonight We'd urge your support in both the approval of both the land use amendment and the rezoning And that it's consistent with Durham's policies and provides a reasonable transition Between the commercial site and the existing neighboring uses. Thank you. Thank you very much We have five other speakers listed here, and I'm going to call your names And if you could please just come and line up over here and then I'll call you up individually Frank Boone Kenan Borden jr Christy Mully Jason freed and Danita Thompson If you all could just come over here that would be great and we'll start with mr. Boone My name is Christy and I'm the property manager. Um, this is excuse me. What's your name? Christy? What's your last name? Christy Mully. Okay. So is mr. Boone here? Mr. Boone are you here? Mr. Boone you're up first unless you have a reason not to go first Go ahead and talk to us. Okay. Thank you First of all, my name is Franklin Boone and I reside at uh 1303 M set lane, which is approximately 2.4 miles from this property that they're proposing to build I am in favor of the self storage use I feel it it will benefit the existing homeowners in this area and I also uh It will benefit new residents as the residential construction continues to grow in the immediate area And I think the multi-story building use of storage will be an attractive building That will also provide a neighborhood service And it will create will not create any road traffic. I have not yet seen any road traffic on any storage units I also would like to say that if it will benefit as well as moving into the Neighborhood areas there I have experienced my uh in the past Where I needed a storage unit when I relocated and I uh I had to go 30 miles to find a storage unit Because the the high demand for storage unit in that in my area was so high, you know There was just not enough and I applaud to see new storage units coming to the area And I like to say that I appreciate the ongoing efforts of uh stackhouse properties to invest in also our affordable housing and uh making things Making things prosperous for for many uh Durham residents, and I like to thank you you guys for considering This request. Thank you, mr. Boone We're now here from kennan boarden Mr. Mayor counsel, my name is kennan board and I live at five kimberley drive here in durham Uh, I am also a uh one of the owners and managers of the south point professional center Which is at 249 east nc highway 54 It's approximately a ninth of a mile down from this case. You're considering As a neighboring business owner I support this project because self storage proposed at this site Is consistent with the scale of the commercial projects in this corridor and adjoining neighborhoods in this immediate area Between highway 55 in the south point area there have been rapid growth in new housing development Self storage in this immediate neighborhood will provide a low impact use That direct that directly provides a needed service to these local residents I also think a significant advantage of this proposed use Is that it will have a very low impact traffic impact burden while providing a quiet transition Between the apartments and the corner parcel As neighbors, we're happy to support this request And i'm happy to answer any questions you might have. Thank you for your time. Thank you, mr. Board Now we'll hear from christie molly. Um, i'm the property manager at the greens upon glenn and um We feel that it would be great for the Community because we have to refer our residents elsewhere For storage. So it's very close to us We're in favor of it. Um, it's adjacent to our property is low traffic Low people traffic and low car traffic and we think it's a good fit for us in our neighbor Um, as a positive working relationship with this developer Um, we have also assessed the tree buffer that will remain and believe it will be adequate for Maintaining the quality of life of our residents Um, and I know there is a concern about the storm uh water weren't off And whether this new development would make existing problems worse and currently we have no Flooding on our property along highway 54 adjacent to their site With new development they will be um Required to treat the water and release it Which will help during rain events which better control the water runoff the property across The highway 54 is higher. So storm water is not an issue And we just think it would be an immediate, um Neighbor to the property and we do support it Thank you, miss molly And now we'll hear from jason free Hi, good evening. Um, my name is jason freed and I live at 7 10 south bend drive Dorm north carolina 277 13 Which is about two and a half miles west of the property I recently moved to durham after Suffering through significant flooding in hurricane harvey in houston lost my home there and came here in August of last year So far it's been great me and my family are settling in fine and everyone's um life can get quite well I live just south of the south point mall Which is growing pretty rapidly. There's a lot of residential development there Many of my neighbors that i'm eating are also transplants from other parts of the country So a lot of people are coming to durham and specifically that area For the location close to i-40 close to the mall close to work from personal experience from what I've researched There's a lack of self-storage in the area if I want to find self-storage I need to go all the way to highway 55 or all the way down to highway 64 So there's nothing close to me right now that offers me self-storage options And therefore I support this project and what it would bring to the community Thank you for your consideration and I hope you will support this request as well Thank you, mr. Freed sir. Thank you for Uh I'm sorry to hear about what happened to you in houston, but I'm glad you're here in durham. Well, thank you. Thank you You'll like it here Now, uh, miss denita thompson. Is she here? Okay, she must have left Okay, is there anyone else that would like to speak on this item We're gonna have questions from the council members in a moment But let me just ask is there anyone else who would like to speak on this item either pro or con Now i'm going to ask you if there can if there are questions or comments by members of the council council member reese Thank you, mr. Mayor I'm not gonna hate when the In when in a crime drama when there's been a trial The judge like does all the well on the one hand and on the other hand before they give you the big ruling Can't stand that so Um, I I intend to vote for the rezoning tonight I wanted to explain a little bit why if this is the appropriate time to do that, mr. Mayor Please do I thought that's where we were absolutely. Um, I did not come into this process predisposed to support this Despite the very good meeting I had with mr. cybers About this project the reason is simple. I voted against the The expansion or the creation of the commercial node at this intersection A little less than six months ago in september 2017 I didn't think it was appropriate to develop a commercial node so close to two other Very intense commercial nodes Along a stretch of highway 54 that is already under significant stress from considerable residential development having Not prevailed In in seeking to prevent that prior rezoning This particular matter now is on a different footing I Was very concerned about two aspects of it the cross connection Um, which a number of the planning commissioners raised as a as a significant concern to appreciate the proponent Moving to make that commitment tonight. The other was the building height and um, I I was mindful of one of the planning commissioners who talked about the two story difference in the buildings and Um, I think the drawing that we saw the rendering we saw tonight was very instructive And I also appreciate the additional commitment made tonight of the 43 foot limit and height on this new building And I think given those two changes and the fact that Despite my meager efforts the commercial node now exists and is under construction The fact is Self-storage although we've seen a rash of self-storage approvals in recent years In southern Durham, I think it's also we've also heard that that these units are at capacity That there's that it's very difficult to find availability And given the large residential growth in this particular part of our city I think it makes sense to Allow this type of use in this area even though it intensifies a node that I will Probably curse every time I drive through it for the next 50 years So mr. Mayor with that, I'll uh, I intend to support the measure tonight. Thank you. Thank you, councilmember I hope you won't be cursing me. Didn't I vote for that? No comment, mr. Mayor Okay, thank you councilmember Any any other comments to question to this point council member caballero Yeah, I just wanted to say thank you for doing the outreach to the renters that was something that was very important to me and Likewise a roofline Images are helpful for those of us who are not in the field So thank you Comments or questions anyone else Have a couple one is The Just a question about the the the outreach that you did you typically have a bilingual outreach The schwedler No, we don't mr. Mayor. In fact, we met with councilmember caviero and she Explained that there's a lot of communities in Durham that have a have a high spanish speaking population And that we should consider in the future Reaching out and in a different In a language or or something that they're comfortable with We went back to the developer here actually owns several rental properties in the city and has a tenant representative that speaks spanish And so when we talked to the greens of pine glenn she actually informed us that they they do have a 30 percent Hispanic population and So we sent them out to to join the developer in in those outreach programs and we're glad we did Bravo to you councilmember caviero and to the developer. Thank you very much That's a welcome welcome addition to the outreach Um, I think that yeah, here's my other question And I believe I'm not sure which the two of you all to take this but What does it mean that the proffer for the cross connection? If the two development plans coincide or what was that language? We um at the council meeting in september when the barbie road retail site was approved That was a an offer. I believe that was made at the table And it was an offer for a cross access easement To our site and would be determined at the development plan stage And so when we went back to the planning commission We offered the same commitment and when the two projects are at the development site Stage will work to see Whether and where a cross access could be located We don't know what their their plans are at this time and where their buildings will be sited And so we'll have to work together to make sure that that's something like that would be possible So can I ask staff do we like that proffer is that the proffer that Makes sense Bill judge transportation. Yeah, we're we are aware of the the proffer on the other zoning Case no site plan has been submitted on that so we haven't really established that location But now that we have the proffer on on both Development plans will work towards getting that when the first site plans come in Okay, thank you And the language that they have mr. Judge or or or mr. Young is as suitable It's acceptable to transportation and I believe it's acceptable to claim as well. Yep. Thank you very much So all I'll say about that Mr. Syvers and miss schwaedler is that I'm sure that Not just myself, but all of us will be exceedingly disappointed if that cross connection is not made And you'll be working with the other developers to make sure that happens All right council members any other questions or comments council member reese just briefly. I'm sorry I wanted to make two additional points. First of all I want to thank council member capillero for bringing that issue to the table. She shames us all It shouldn't take her effort to be asking these questions to developers and I think I'll personally take it As a lesson to myself to make sure to ask those questions in the future The second thing mr. Mayors because you raised the issue about the previous vote. I wanted to say that In my view, I failed my colleagues that way That was a vote I should have explained my no vote in advance of taking it. I think it would have enlightened the conversation I chose not to do it because I knew that most other most of our other colleagues were intending to vote on it vote for the measure and To be perfectly honest In retrospect, I think that was probably one of my worst failings of the last term of our of our council is my failure to explain that particular vote And I just wanted to let you know that To you and council member. I'm sorry the mayor pro tem that that's not going to happen again Well, we usually are pretty familiar with you explaining yourself really really well council So I'm sure it won't happen again. That's why I say that Nevertheless, you have my permission to curse me every time you drive by barbie road I think that would be something you'll enjoy for the rest of your life. No doubt, mr. Mayor. All right Any other comments council members of questions? Just a question regarding that The graphic that was shown about the heights Is that the actual grade? That the water would flow down towards Yes, ma'am tim cybers. Horvath associates. Yeah, the the green line there is the Existing grade from the barbie road retail site on the right to the apartment complex on the left. Yes and so I just want to be really cautious and I mean, I'm I'm weighing really heavily on the no side in this conversation because of that and I don't want to be charlie in a year. Sorry because of the existing grade Well, here's my thing. So I heard from the property manager saying that they don't have any storm water Um Issues right now or they don't have heavy rains where they have flooding Occurring and I'm concerned that we would be creating a situation where they would And I'm not for certain. So I know you heard I heard you say just to the city's But I know how undercut those city requirements have been in the last two years And so my concern becomes how how do we make sure that the The storm water and the flooding potentials are alleviated to the maximum not the minimum Understood. So the the map in front of you is the topography map and Unfortunately, I can't see the cursor, but the long rectangle there right in the middle is our property area You can see below that that blue line. So that's the the ditch if you will that falls to the southern portion of the pine at the Apartment complex that area you can see is not developed Because that is the lower area The picture on your right hand side proves that very well. This is the two Story apartment buildings that are the cross section is through on the right hand side You can see that lower area. So the these units as well are built up above to to limit the So this this tree line that's there would stay there Yes, this what what you're looking on the right hand side is is in a picture from the apartment complex Looking towards our site. The cell tower is on the further side from our site. So The area behind these buildings on the picture on the right is where our development will be So the the landscape buffers between the two units will will remain I need city staff Trying to just The minimum change that was made um in the last I think it was last year in a legislative session that Reduced our ability to to create Really healthy storm water requirements I want to know that this this fits in there comfortably because I mean, I just don't I'm not an expert in that area, but I do recognize that there's been some changes that have prevented us from so Not a hundred percent sure sure about which Stonewater requirements that you're doing But the the rules that are set in place currently for our storm water requirements for quantity and quality control Would be present for this development So quantity and quality the quantity that they can take in like a heavy downpour That would be a maximum of So typically the reduction is to the two and ten year storms Okay If there are substantial downstream Impediments or or flooding That already occurs which is taken into account in the evaluation of the storm water impact analysis Those requirements can go up to the hundred year And and that detains basically from post development to pre development so it returns back to the essentially the existing Water it captures the water and holds it so it returns it back to its pre development condition Does tend to elongate that path, but it reduces the flow So what's the likelihood of that? elongation causing Flooding down towards the apartments. I don't they sit up a little bit, but I have seen some flooding in Yes, and that is taken into account For that so they look at that detention and they look at that whole back time To determine what would minimize any impacts to the downstream properties and that is standard for all developments Thank you, mr. Joyner. I think that's that's helpful One thing I wanted to call or clarify is that this is the existing grade that you're seeing on on the screen And so that will be altered But you can see that the difference from where our proposed building would be to where the Apartments are is probably like the most flat area there And in addition to the water quality and quantity rules that mr. Joyner went over which are Also the incorporation of the state rules into into the code I don't believe the the legislation that that is altering that has been passed yet We can talk about that. I guess offline But the other system of protection that the city has is that the storm water ponds are inspected on an annual basis By people that are certified to install them and there's mechanisms in place that if they're failing The city has an an ability to go back and and make sure that those repairs are being done in the way that they should be So if there were to be some sort of flooding event and the and the storm water Control feature was malfunctioning or or something I do believe the city would have the ability to to help make sure that that was set right Thank you All right, any other questions or comments? Yeah, I think that again councilmember Freeman is raising a really important point about our storm water and And we are concerned about the new state rules. I don't think that we can I mean we have to really count on our our city storm water folks and The future inspections of these ponds and so forth because we know we did we can't always just stop any development That's uphill from other development And you know that we can't have a general rule like that or you know, we we wouldn't want to have a general rule like that so But I appreciate your questions because I think that we all are concerned with storm water and uh, we have seen We have seen what it can be like when it goes bad And to that end I just want to suggest to uh our Our storm water folks. I guess robert you're the only one here today is that At some point we had a fantastic tour last year of some of our storm water treatments for several council members and I think Councilmember Reese was on it and maybe councilmember johnson was a little not sure But it was a fantastic tour and I would suggest you might want to do the same Arrange the department do the same for some of our new members Absolutely sir. I'd love to do it again. It was awesome. Okay enough of that. Uh, and now Um We're gonna any more questions by council members anyone else wants to speak on this item If not, I'm going to declare this matter this public hearing closed. The matter is back for the council Mr. Mayor, I'll move the change to the future land loose land use map So I can it's been moved and seconded to adopt a resolution in the future land use map Madam clerkly, please open the vote Close the vote motion passes seven zero I'll move we adopt the consistency statement second been moved in second. We adopt the consistency statement in the discussion If not, madam clerk, would you please open the vote? Close the vote motion passes seven zero I'll move we adopt the Ordinance amending the udo Thank you as a second second been moved in second and we adopt the ordinance amending the udo Is there any discussion not madam clerk? Would you please open the vote? Motion passes six one with councilmember freeman voting now. All right. Thank you very much And uh, thank you all very much for coming appreciate it. Thank you all for being here Now we're gonna move back to we pulled an item for the general business agenda, which was I believe item 16 and councilmember middleton Hey, daniel pull this item and I'll turn it over to you sir. Thank you. Mr. Mayor. I promise this is very quick Danny we had some conversation at the work session around 4b clause 4b of the agreement Regarding a pre-existing duck work To kind of limit tearing up our streets it if we adopt this tonight and I What is the mechanism and timetable of determining if those ducks exist and What's the timetable mechanism of that determining that those ducks existing and Moving forward, I know they don't have to the owner doesn't have to accept the offer from the the developer But how does that work if we adopt this tonight? Yeah, hi dan valero from public works. Good evening council Right now our our only ability is to reference our the inventory data inventory. We have available in our gis systems so When we get a permit we would look at that point At what is available? What's nearby in the gis system if there are available ducks? We would Ask can they be used and then we would expect an answer before issuing the permit If yes or if no, why why not why can they not be used? I remember we had the conversation about policing and you know, I wasn't going to be a policeman but We don't really have the ability to Determine the suitability of an existing duck that would be a lot of manpower So We are the historically we've taken the applicant's word for The reasoning why they can or can't use the existing duck work And as I understand it that decision may have already been made by those companies when they when they scope a project this big they do Figure out what existing duck work is available and they determine the suitability of each duck and the financial If it makes sense financially to to use that duct works that those conversations have likely already occurred But we certainly will become aware of them for each permit application and and get an answer at that point That makes sense my my sense was the representative from spirit at the work session Did not seem aware whether or not there was a maybe he wasn't the right person in the project But I didn't get the sense that they were aware Whether whether we're pre-existing ducks one way or another but I appreciate your certainly. Yeah Okay, someone in the organization is and we can tackle that on a permanent basis got you. Thanks so much for your work. That's it Thank you very much councilmember. Thank you, daniel all right Any more discussion on this item just another appreciation, um, I just want to share that the spirit communications was uh willing to come forward and share their workforce statistics with us and um Had a great conversation with one of their staff members about the diversity that they're working towards as a small business And I really will appreciate it. They'll be in forthcoming with that. Thank you. Thank you Any other discussion? If not, I'll entertain a motion to approve this item move to approve Is there a second second it's been moved and approved then second that we approve this item Any more discussion? If not madam clerk, could you please open the vote for item 16? Close the vote Motion passes seven zero Thank you very much Is there any other any other business to come before this body? If not, I'm going to declare this meeting adjourned at 904 Thank you