INC NEWS - Column: Planners fumbled warehouse approval (today's Herald-Sun)

[John Schelp]

Column: Planners fumbled warehouse approval
By Janet Mittman, Herald-Sun, 31 Oct 2007

I am writing about the continuing issue concerning D&L
Parts' store and warehouse construction at 608 Moreene
Road. As many know, myself, the Turnage Heights
neighborhood, and others oppose this
13,000-square-foot corrugated steel construction in a
residential neighborhood. 

In a recent letter sent to me in response to our
neighborhood's appeal to the Board of Adjustement,
Steve Medlin, interim planning director, stated that
the intended business of property owner D&L Appliance
is in violation of the Unified Development Ordinance
(UDO) and will not be permitted. 

We appreciate that Medlin has acknowledged this
violation, which we pointed out in August. However,
the horrendous corrugated steel warehouse is now
already half built, D&L has already spent $800,000
(per the owner), and Medlin has told them that they
now have the option of bringing their business into
compliance -- a business (and thus construction), that
never should have been permitted in the first place. 

We have asked Medlin to impose a stop work order at
the site, but so far no such order has been given. 

Medlin's letter says that the reason for this sudden
reversal of permission is due to D&L's
"representations" about their business on the site
plan as being different from the actual "use
contemplated." We had informed the city about this in
early August. Former Planning Director Frank Duke
dismissed our questions, telling us to monitor the
business once it was built and in operation. In any
case, had the city practiced responsible due diligence
when the D&L site plan was submitted, the proposal
would and should have been denied. 

Equally disconcerting is what seems to be an effort by
the Planning Department to now derail our appeal
process. In Medlin's Oct. 16 letter, the city changed
its interpretation of permitted usage just before our
scheduled hearing before the Board of Adjustment on
Oct. 23. 

Having done so, Medlin suggested we postpone or
withdraw our appeal since our position was "moot." We
decided to postpone in order to seek legal counsel,
but we will appeal. The warehouse still exists, no one
has accepted responsibility for an error, and this
tactic could make it impossible for any Durham
neighborhood to win an appeal. We will continue our
appeal on Dec. 11, and will move forward with our
opposition. 

Most important, the Planning Department is ignoring
our most fundamental challenge, which concerns the
violation of the Unified Development Ordinance Article
4 "Intent Clause" for Commercial Neighborhood (CN)
zoning. This statement provides for "commercial
centers that offer limited commercial uses to satisfy
the needs of the surrounding neighborhood."
"Compatibility is facilitated through design standards
... that complement nearby residential neighborhoods."


The D&L warehouse violates all of these, in addition
to violating overall purposes of the UDO, to "protect
existing neighborhoods, preventing their decline and
promoting their livability," and to "encourage an
aesthetically attractive community." 

We are being told that the Commercial Neighborhood
Intent statement is only looked at when there is
question or ambiguity about usage. According to them,
having now reinterpreted and therefore solved the
usage issue, the intent is no longer considered! In
talking with numerous individuals involved with land
usage in Durham, we continue to hear the same thing.
This is yet another instance of city planners "cherry
picking" portions of the UDO to suit their needs. This
is simply wrong. Planning for our city should be based
upon adherence to what is written in the UDO and not
on arbitrary decisions. 

Medlin says our "situation" has pointed to issues with
the UDO as they relate to CN zoning and that a
committee has been formed to look at this in order to
"prevent this type of occurrence in the future." We
appreciate this, but the UDO should now prevent this
occurrence. 

If you are concerned about preserving our
neighborhoods, enforcing fair adherence to zoning
ordinances, and maintaining the integrity of the
appeal process, please let city council officials know
your opinion about these issues and ask them to tell
the Planning Department to enforce a stop work order
at the warehouse. 


Janet Mittman is a resident of the Turnage Heights
neighborhood.