[Durham INC] Help requested: Burch Ave Rezoning

[tom miller]

Richard:

 

If I understand what you sent us correctly, the current version of the development plan for this East campus UC rezoning includes a version of a much-debated commitment that says access to the subject property from Gattis Street (i.e., form the neighborhood) will be allowed only if, at the time of site plan review, it can be demonstrated that the connection is necessary for whatever proposed development Duke my have in mind under the UC zoning.  This commitment on its face is not lawful inasmuch as it contemplates a future discretionary decision to be made at an administrative (staff) level.  Administrative decisions cannot be discretionary.  Site plans must be approved because the comply with the zoning rules or disapproved if they don’t.  a commitment in a development plan is a zoning rule specific to the property which is subject to the development plan.  The council cannot approve a development plan commitment that leaves it up to staff’s discretion at the time of site plan review whether something is necessary or not – especially when, at the time of the rezoning, we have no idea what the proposed development contemplated by a future site plan may be.

 

Tom

 

 

From: R Z <richard.ziglar at gmail.com> 
Sent: Saturday, April 6, 2024 3:59 PM
To: List INC <inc-list at lists.deltaforce.net>
Subject: Help requested: Burch Ave Rezoning

 

Hi folks,

Duke has decided to request UC (University/College) zoning for some of its properties on the periphery of campus. This includes a lot in our neighborhood (Burch Avenue) at 400 Gattis Street, also known as the Old Laundry. 

 

Duke's rezoning request will go before the Planning Commission on April 9. Duke has two submissions in play, one requesting additions to the UC zone on East Campus, and another for UC additions to Central Campus. We are asking neighbors to write to the Planning Commission and request that they not recommend approval of Z2200048-A2200003 Duke East Campus Addition.

 

The Planning Commission email address is DurhamPlanningCommission at durhamnc.gov <mailto:DurhamPlanningCommission at durhamnc.gov> .

The UC zone gives Duke a lot of freedom in how they develop their campus. They can pretty much build any type of infrastructure needed for their university, without further community input, once a property is zoned UC. This includes very intensive development like multi-story parking decks, and large dormitories. 

This request for rezoning is not a by-right request. In fact, when the UC zone was first created over twenty years ago, the city negotiated with Duke to accept several committed elements for the original creation of its UC zone, including a prohibition on parking decks in East Campus. Those original committed elements accepted for East Campus over 20 years ago, Duke does not want applied to the UC additions to East Campus they are now requesting.

Our neighborhood does not oppose development of the property in question. We have worked for two years to have Duke commit in writing to development that would respect the residential character of our neighborhood and mitigate any negative traffic effects. The university has accepted some token committed elements for that property. However, for most of the really intensive types of development (e.g. a multi-story parking deck, gas plant, or dorm) they refuse to consider committed elements limiting what they can do.

400 Gattis Street is at the intersection of two dead-end streets, in a small neighborhood that has been cut off from the larger city grid on two sides by the building of highway 147. There are no sidewalks on that end of Gattis and the other end of Gattis is one-way street. The streets in our neighborhood are very narrow and we have a lot of children playing in and near this intersection throughout the day. Traffic mitigation is a real concern here. Duke has refused to commit to any meaningful traffic plans for the property at this time.

Finally, when the University requested their original UC zoning for East Campus over 20 years ago they also rezoned the Old Laundry at 400 Gattis Street. The zoning they requested then was residential and the plan they submitted said the property would be developed into apartments for elder housing. Our neighborhood board believes the best use of the property would be for it to remain zoned residential given Duke cannot tell us how it would otherwise develop that property.


If you have read this far, I want to thank you for your time and consideration. I have attached the official letter our neighborhood board sent to the Planning Commission. It outlines our objections in a little more detail. Please read this if you are interested in learning more about where Burch Avenue stands as a neighborhood.

And thank you for supporting us in this matter if you have chosen to do so.

Richard Ziglar

Burch Avenue

 

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