[Durham INC] Important Zoning changes are in the works citizens should know about - please cross post

Mon Jul 27 13:34:50 EDT 2020

Hello, I hope this finds you and your well and staying safe.

First, this is important for the future of Durham and it is complicated, so
please bear with us while we explain.

*Text amendments* to the Unified Development Ordinance (UDO)
<https://durhamnc.gov/414/Unified-Development-Ordinance-UDO> are literally
changes in the text of the code which change the rules and circumvent other
legal requirements for public notification. In 2019, it was Expanding
Housing Choices (EHC). This series of “text amendments” effectively rezoned
30,000 properties in Durham without written notice to the owners of those
properties --which would have been necessary if they actually done a
“rezoning”. Most impacted citizens don’t know yet that this happened to
their property or the ones on either side of them –unless they were
listening very closely.

In 2020, it is *Statutory* *Development Agreements* text amendments
(meaning an actual law has to be passed to make an agreement legal and
binding).

Durham's UDO "lays out the rules for the physical development of
property."  Citizens have been led to believe that those rules and
procedures should apply evenly to all developers and citizens alike.
Development Agreements (you might know about Contract Zoning and Spot
Zoning and this is similar) are a form of [re]zoning that could work *outside
of the zoning code and the review procedures citizens expect*. They allow
the governing body --City Council or the Board of County Commissioners-- to
forge agreements with developers and customize the rules just *for their
ONE project and with only ceremonial review by citizens*.

The present request before the Planning *Commission* is to make a sweeping
change to the UDO that would allow Development Agreements in general, but
it is being pushed by a developer with a specific project to which the
Planning Department is tying this power.

Further, the Planning *Department* is also *requesting an expedited process*
for the specific case which means that citizens have even less
participation in the decision-making process afforded to us by the normal
process.

According to Sara Young, Durham's interim Planning Director,  "*[a] development
agreement can work in tandem with zoning requirements or in lieu of zoning
requirements" *[emphasis added].  Her report
<https://durhamnc.gov/DocumentCenter/View/32561/TC2000003-Development-Agreements>
states that Durham's UDO previously prohibited development agreements, but
fails to explain why or list examples that would illustrate any concern.

A few municipalities in North Carolina allow these. Chapel Hill does them
with UNC. Cary, Wilmington, and High Point have used them (according to the
Planning Department staff who presented the agenda item to the Planning
Commission on July 21st). Raleigh has not done them in the past, “but they
are interested in how it goes in Durham”. Case law in other states have
shown that Development Agreements can be contentious and most North
Carolina municipalities and counties do not use them.

*In light of these swift-moving proposed changes, our community may want to
consider the many potential impacts and get involved.*  We may wonder "what
is the purpose of the UDO related to a tree ordinance, or greenspace
requirement, or setbacks if those protections can be bartered away behind
closed doors?"  Or “What problem is this supposed to solve and how
prevalent is this problem?”

The “net” is this: a developer is pushing the “powers that be” to make
a *sweeping
change* to the UDO –and by doing so allow the UDO to be ignored—and using
arbitrary deadlines set by ONE developer for ONE project to rush everyone
through to meet their demands.

And the bait is a certain number of units of Affordable Housing (for which
the developer knows Durham is desperate).

*We don’t think this needs to be rushed*. Do we really want to be the
“canary in the coal mine” on this? Other deals have been made with
developers with multiple phases over a series of years without requiring
the creation of a law to make it enforceable (see Case Z2000006 re the Old
Police Station at 505 Chapel Hill Road).

*Please write emails IMMEDIATELY* to the County Commissioners (
Commissioners at dconc.gov), the City Council (council at durhamnc.gov), and the
Planning Commission (DurhamPlanningCommission at durhamnc.gov) to say “*let’s
just s-l-o-w this train down!”*

If you are interested in hearing recent discussion around the Development
Agreement text amendment and the request for an Expedited Hearing, here are
some links:

·       Durham Planning Commission Meeting (July 21, 2020), source:
https://www.youtube.com/watch?v=UKgUrX52zaA (timestamp 1:35:56 to 3:01:50)

·       Durham City Council Work Session (July 23, 2020), source:
https://www.youtube.com/watch?v=Ay-z39cjHMc (timestamp 32:22 to 36:50 /
4:31:27)

·       JCCPC meeting in June (June 3, 2020),

Source:  https://www.youtube.com/watch?v=azbBGccdTcs  (timestamp 1:58:40)

Please send your concerns before this expedited period closes. Please do it
TODAY.

Mimi Kessler
919-599-2892
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