Looking over the agenda, I notice that the request to fill in more wetland in the Northeast Creek floodplain along Highway 55 north of Sedwick is being voted on. The County Commissioners are having a work session starting at 9am. I'm not sure if they usually post the agendas for daytime working meetings, but you can see it this time at www.co.durham.nc.us.
The Mayor calls the meeting to order at 7:00 pm
Call To Order
Moment Of Silent Meditation
Pledge Of Allegiance
Roll Call
Ceremonial Items
Announcements By Council
Priority Items By The City Manager, City Attorney And City Clerk
[Consent Agenda]
1. DATA Advertising Revenue Financial Audit (March, 2008)
To receive and accept the DATA Advertising Revenue Financial Audit (March, 2008) as presented and approved at the April 28, 2008 meeting of the Audit Services Oversight Committee.(Resource Person: Kevin Neuman – 1323) (Attachment #1 - 13 pages) (PR# 5052)
2. Cash Collections Compliance Audit (February, 2008)
Receive and accept the Cash Collections Compliance Audit (February, 2008) as presented and approved at the April 28, 2008 meeting of the Audit Services Oversight Committee.(Resource Person: Kevin Neuman – 1323) (Attachment #2 - 16 pages) (PR# 5053)
3. Approval of City Council Minutes
To approve City Council minutes for the April 21, 2008 City Council Meeting; andTo approve City Council action taken at the April 10, 2008 City Council Work Session.
(Resource Person: D. Ann Gray – 4166) (PR# 5027)
4. Durham Housing Authority Board of Commissioners - Appointment
To appoint David J. Haley to the Durham Housing Authority Board of Commissioners with the term to expire on September 28, 2011.Note: At the Work Session on May 22, 2008, Mr. Haley received six (6) votes.
(Due to the resignation of Rochelle Newton Brown)
(Resource Person: LaVerne V. Brooks - 4166) (Attachment #4 - 12 pages) (PR# 5075)
5. Citizens Advisory Committee - Receipt and Acceptance of an Application
To receive and accept an application for a citizen to fill one (1) vacancy on the Citizens Advisory Committee with term to expire on June 30, 2011.(Due to the terms expiring of DeWarren K. Langley)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 - 3 pages) (PR# 5077)
6. Housing Appeals Board - Receipt and Acceptance of Applications
To receive and accept applications for citizens to fill two (2) vacancies on the Housing Appeals Board to represent Tenant and Finance with terms to expire on June 30, 2011.(Due to the terms expiring of Tiffany Dawn Russell and Chandra T. Taylor)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment # - 6 pages) (PR# 5078)
7. Durham City-County Appearance Commission - Receipt and Acceptance of an Application
To receive and accept an application for a citizen to fill one (1) vacancy on the Durham City-County Appearance Commission with the term to expire on April 1, 2011.(Due to the term expiring of Rebecca Wellborn)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #7 - 6 pages) (PR# 5081)
8. Durham Bicycle & Pedestrian Advisory Commission - Receipt and Acceptance of an Application
To receive and accept an application for a citizen to fill one (1) vacancy on the Durham Bicycle & Pedestrian Advisory Commission with the term to expire on August 31, 2008.(Due to the a vacancy)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #8 - 6 pages) (PR# 5083)
10. Citizens Advisory Committee - Reappointment
To reappoint Tommie Renae Wright-Kearney to the Citizens Advisory Committee with a term to expire on June 30, 2011.(Note: According to City Council Procedures, when a term with six (6) months or less remaining is filled, then at the expiration date of the term the name of the appointee will be submitted to the City Council for nomination for reappointment, and/or publicizing of vacancy.)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #10 - 2 pages) (PR# 5110)
11. Mayor's Nominees for Appointment
To appoint R. Kelly Bryant as a Mayor's Appointee to the Durham Historic Preservation Commission with the term to expire on September 1, 2011; andTo reappoint John W. Mallard, Jr. to the Durham Convention & Visitors Bureau Tourism Development Authority with the term to expire on October 31, 2010 and Albernard Bass, Jr. to the Durham Civic Center Authority with the term to expire on July 31, 2010.
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #11 - 10 pages) (PR# 5112)
12. Street Closing - An Unopened Portion of T.W. Alexander Drive located between Miami Boulevard and Page Road (SC07-10)
To adopt a resolution to set a public hearing for August 4, 2008 on the proposed closing of a 236.85 linear foot portion of T.W. Alexander Drive located on the north side of T.W. Alexander Drive, east of Miami Boulevard and west of Page Road.(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #12 - 6 pages) (PR# 5067)
13. Major Site Plan and Amendment to Development Plan – Patterson Place Phase II-Amendment (D0800044)
To approve a major site plan and amendment to the development plan for "Patterson Place Phase II-Amendment," submitted by Horvath Associates, PA, on behalf of L H Boulevard LLC/Lincoln Harris, for a mixed use project (35,794 square foot retail, 62,664 square foot office, and a 78,120 square foot, 130 room hotel) with 569 vehicle and 33 bicycle parking spaces on a 10.936 acre site, zoned Mixed Use with Development Plan MU (D) and Major Transportation Corridor (MTC).[The site is located at 3501 Mt. Moriah Road, on the northeast corner of Mt. Moriah Road and McFarland Drive. PINs 0800-03-11-8475, 0800-03-21-3399, 0455, 0447, 2134]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #13 - 15 pages) (PR# 5068)
14. Major Site Plan – Brightleaf at the Park Tract 10 (D06-979)
To approve a major site plan and preliminary plat for "Brightleaf at the Park, Tract 10," submitted by Duane K. Stewart & Associates, Inc. on behalf of Rhein Brightleaf LLC, for a 90 lot subdivision on a 52.72 acre site zoned PDR 3.99, RR and F/J-B.[The site is located on the west side of Northern Durham Expressway, south of Sherron Road and north of Golden Leaf Parkway. PIN 0850-03-32-1588 SPL.]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #14 - 13 pages) (PR# 5070)
15. Major Site Plan – Brightleaf At The Park Tract 8 (D06-953)
To approve a major site plan for "Brightleaf at the Park, Tract 8," submitted by Aiken and Yelle Associates, PA on behalf of Rhein Brightleaf LLC, for 212 townhome units on a 20.67 acre site zoned PDR 3.99 and F/J-B.[The site is located on the west side of the future Northern Durham Parkway and south of Flat River Drive. PIN 0850-02-50-1037]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #15 - 19 pages) (PR# 5096)
16. Street Acceptances
To accept the streets on the attached list for maintenance by the City of Durham.(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #16 - 6 pages) (PR# 5049)
17. Fiscal Year 2007-08 Budget Amendment And Capital Improvement Project Budget Amendments
To adopt an Ordinance Amending the FY2007-08 City of Durham Budget Ordinance, the same being Ordinance #13451;To adopt an Ordinance Amending the General Capital Improvement Project Ordinance, Fiscal Year 2007-08, as amended, the same being Ordinance #13428 for the purpose of $20,000,000.00 of 2007 Streets Bonds and $329,371.00 of various revenues and to decrease over-stated revenues of $633,000.00;
To adopt an Ordinance Amending the Stormwater Capital Improvement Project Ordinance, Fiscal Year 2007-08, as amended, the same being Ordinance 13430 for the purpose of removing $1,400,000.00 of revenues from various projects; and
To adopt a Resolution to Supersede the Fiscal Year 2007-08 Financial Plans for Internal Service Funds, the same being Resolution #9840.
(Resource Person: Danial Morris – 4111) (Attachment #17 - 10 pages) (PR# 5038)
18. Duct Bank Agreement - Amendment No.2
To expand the definition of the "Project" as defined in the Development Agreement to include the Duct Bank Project as defined in the Second Amendment to Development Agreement;To find that the price to be paid by the City for the construction described in the Second Amendment is reasonable;
To authorize the City Manager to execute the Second Amendment to Development Agreement with American Campus LLC and Capitol Broadcasting Company, Incorporated; and
To authorize the City Manager to modify the Second Amendment provided that the modifications do not increase the dollar amount and the modifications are consistent with the general intent of the Second Amendment.
(Resource Person: Alan DeLisle – 4965 ext. 212) (Attachment #18 - 10 pages) (PR# 5087)
19. Proposed Sale of Surplus Property at 410-426 N. Roxboro St. and 308 Elliott Street, City Tract # 1620
To accept the offer of $198,000.00 from Susana Dancy and J. Scott Harmon to purchase the Property at 426 N. Roxboro Street (Parcel 110544); 422 N. Roxboro Street (Parcel 110545);420 N. Roxboro Street (Parcel 110546); 418 N. Roxboro Street (Parcel 110547); 416 N. Roxboro Street (Parcel 110548); 414 N. Roxboro Street (Parcel 110549); 412 N. Roxboro Street (Parcel 110550); 410 N. Roxboro Street (Parcel 110551); and 308 Elliott Street (Parcel 110543); and
To authorize the City Manager to sell and the Mayor to convey the property by a non-warranty deed.
(Resource Person: Donna Lunsford – 4197 ext. 242) (Attachment #19 - 5 pages) (PR# 4966)
20. Proposed Acquisition for Brecknock–Donnigale Sanitary Sewer, Property of Betsy C. Vatavuk (Widow) - Parcel Id #138642, Acquisition of Sewer Easement (23,460+ Sq. Ft.), Temporary Construction Easement (15,724+ Sq. Ft.)
To approve the acquisition of a sewer easement (23,460+ sq. ft.), a temporary construction easement (15,724 + sq. ft.), and compensation for landscape damages for a total of $37,646.00, property of Betsy C. Vatavuk (widow), Parcel ID #138642.(Resource Person: Cecil Woods – 4197) (Attachment #20 - 6 pages) (PR# 5037)
21. This item can be found on the General Business Agenda.
22. Walltown Park Recreation Center CMAR Construction Services Amendment
To authorize the City Manager to negotiate and execute Amendment No. 2 with Skanska USA Building for the Structural Steel Detailing for the Walltown Park Recreation Center project in the amount of $29,654.00;To authorize the City Manager to negotiate and execute an Amendment No. 2 with Skanska USA Building for the Structural Steel Fabrication and Erection for the Walltown Park Recreation Center project in the amount of $874,303.00 if the CMAR's cost estimate for the entire project is within the construction budget;
To establish a project contingency equal to $90,000.00;
To authorize the City Manager to negotiate and execute change orders on the Walltown Park Recreation Center project, provided the total project cost does not exceed the amount budgeted for construction phase services plus the project contingency.
(Resource Person: John Paces-Wiles – 4197 ext. 252) (Attachment #22 - 12 pages) (PR# 5093)
24. Acceptance of a Donation for Leigh Farm Park from the Durham Orange Recreational Disc Golf Association
To accept a donation of $21,390.00 in equipment and installation from the Durham Orange Recreational Disc Golf Association for a disc golf course in Leigh Farm Park.(Resource Person: Beth Timson – 4355) (Attachment #24 - 5 pages) (PR# 5060)
25. Software License Agreement between City of Durham and the Active Network, Inc.
To authorize the City Manager to execute a contract with The Active Network, Inc. (TAN) not to exceed $168,307.00 for a three year contract for the provision of a recreation software solution which includes software licensing, installation and configuration of software for program registrations, facility reservations, athletic league scheduling and on-line program registrations, and the first year's maintenance fees;To authorize the City Manager to execute and pay $20,750.00 each year for a Software Support and Maintenance Agreement fee for years two and three; and
To authorize the City Manager to make changes to the agreements such that the payments to the contractor are not increased nor the contractor's duties decreased.
(Resource Person: Joy Guy – 4355 ext. 204) (Attachment #25 - 35 pages) (PR# 5092)
26. Management Agreement for the Community Family Life & Recreation Center at Lyon Park
To authorize the City Manager to execute the management agreement for the Community Family Life & Recreation Center at Lyon Park with Calvary Ministries of the Westend, Inc.; andTo authorize the City Manager make changes to the agreement prior to execution so long as the obligations of the City are not increased and the benefits to the City are not lessened.
(Resource Person: Ruben Wall – 4355 ext. 234) (Attachment #26 - 23 pages) (PR# 5090)
27. Contract with the University of Florida Training and Services Institute to Deliver Gang Investigator Training
To authorize the City Manager to execute a contract in an amount not to exceed $51,000.00 with the University of Florida Training and Services Institute to deliver gang investigator training to members of the Durham Police Department and their law enforcement partners; andTo authorize the City Manager to modify the contract before execution provided that modifications do not increase the dollar amount of the contract and the modifications are consistent with the general intent of the existing version of the contract.
(Resource Person: Mark Sykes – 4322) (Attachment #27 - 19 pages) (PR# 5058)
28. Contract for Reimbursement of Costs Incurred for Law Enforcement Assistance and Accompanying Grant Project Ordinance
To authorize the City Manager to accept the City of Durham and Town of Chapel Hill Grant by executing the grant documents;To adopt the City of Durham and Town of Chapel Hill Grant Project Ordinance for Temporary Law Enforcement Assistance during 2008 NCAA Basketball Tournament on Saturday, April 5, 2008; and
To authorize the City Manager to execute a contract with the Town of Chapel Hill for Reimbursement of Costs Incurred for Law Enforcement Assistance.
(Resource Person: Mark Sykes – 4322) (Attachment #28 - 11 pages) (PR# 5062)
30. Ordinance Regulating the Use of Stormwater Facility Replacement Fund Payments and Stormwater Facility Agreement and Covenants
To adopt an Ordinance revising Chapter 70 Article VIII, Division 4 entitled "An Ordinance Amending Chapter 70 of the Durham City Code to Detail the Use of Stormwater Facility Replacement Fund Payments"; andTo authorize the City Manager to execute on an ongoing basis the Stormwater Facility Agreement and Covenants similar to and consistent with the draft agreement.
(Resource Person: Paul J. Wiebke – 4326 ext. 239) (Attachment #30 - 19 pages) (PR# 5105)
31. This item can be found on the General Business Agenda.
33 - 56. These items can be found on the General Business Agenda – Public Hearings.
61. This item can be found on the General Business Agenda – Public Hearings.
62. This item can be found on the General Business Agenda.
63. Technical Corrections to Ordinance #13593 Amending Durham City Code Section 70- 51, Monthly Rates for Water Service, Sewer Service, and Water and Sewer Service, Section 3
To adopt an Ordinance Making Technical Corrections to Ordinance #13593 Amending Durham City Code Section 70-51, Monthly Rates for Water Service, Sewer Service, and Water and Sewer Service and Adopting Revised Fees in the City's Fee Schedule.(Resource Person: Vicki Westbrook – 4381 ext. 266) (Attachment #63 – 2 pages) (PR# 5178)
64. Agreement for Treatment of Wastewater from the Blenheim Wood Subdivision by Orange Water and Sewer Authority
To authorize the City Manager to execute an agreement with the Orange Water and Sewer Authority for the Treatment of Wastewater from the Blenheim Wood Subdivision; andTo authorize the City Manager to make changes to the agreement before execution provided the changes do not increase the amount to be paid by the City and do not decrease services to be provided to the City.
(Resource Person: Don Greeley – 4381) (Attachment #64 – 6 pages) (PR# 5180)
[General Business Agenda]
21. Durham Arts Council, Inc. Amendment to Twenty-Five Year Lease
To authorize the City Manager to amend the existing twenty-five year lease agreement with the Durham Arts Council, Inc. to include an annual payment until the term expires on June 30, 2013; andTo authorize the City Manager to modify the amendment to the agreement before execution provided the modifications do not increase the annual payment of $581,000.00 in FY 2008-09.
(Resource Person: Sharon DeShazo – 4197 ext. 246) (Attachment #21 - 6 pages) (PR# 5091)
31. Quarterly Crime Report
To receive a presentation on the Police Department's Quarterly Crime Report.(Resource Person: Jose L. Lopez, Sr. – 4322) (Attachment #31 – 26 pages)
62. Interlocal Agreement between Chatham County and the City of Durham Respecting Water Sales
To authorize the City Manager to execute the Interlocal Agreement between Chatham County and the City of Durham Respecting Water Sales; andTo authorize the City Manager to modify the agreement before execution provided the modifications are consistent with the general intent of the agreement.
(Resource Person: Nancy Newell – 4381) (Attachment #62 – 10 pages) (PR# 5116)
[General Business Agenda – Public Hearings]
33. Ordering Petitioned Improvement
To conduct a public hearing and receive public comments; andTo adopt a resolution ordering Curb, Gutter and Paving, Water and Sewer Laterals on Ardmore Drive from Cook Road to the West Property Line of PIN 0820-18-41-3473.
(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #33 - 2 pages) (PR# 5039)
34. Confirmation of Assessment Roll
To conduct a public hearing and receive public comments; andTo adopt a resolution confirming the assessment roll for Curb, Gutter and Paving on Chalk Level Road from the East Property Line of Tax Map 298-1-5 to Shaftsbury Street.
(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #34 - 2 pages) (PR# 5040)
35. Confirmation of Assessment Roll
To conduct a public hearing and receive public comments; andTo adopt a resolution confirming the assessment roll for Water and Sewer Laterals on Chalk Level Road from the East Property Line of Tax Map 298-1-5 to Shaftsbury Street.
(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #35 - 2 pages) (PR# 5041)
36. Confirmation of Assessment Roll
To conduct a public hearing and receive public comments; andTo adopt a resolution confirming the assessment roll for Water Main on Chalk Level Road from the East Property Line of Tax Map 298-1-5 to Shaftsbury Street.
(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #36 - 2 pages) (PR# 5042)
37. Confirmation of Assessment Roll
To conduct a public hearing and receive public comments; andTo adopt a resolution confirming the assessment roll for Curb, Gutter and Paving on Chalk Level Road from Shaftsbury Street to Stadium Drive.
(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #37 - 2 pages) (PR# 5043)
38. Confirmation of Assessment Roll
To conduct a public hearing and receive public comments; andTo adopt a resolution confirming the assessment roll for Water and Sewer Laterals on Edgerton Drive from Ed Cook Road to the West Property Line of Tax Map 566-3-23.
(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #38 - 2 pages) (PR# 5047)
39. Confirmation of Assessment Roll
To conduct a public hearing and receive public comments; andTo adopt a resolution confirming the assessment roll for Water Main on Edgerton Drive from Ed Cook Road to the West Property Line of Tax Map 566-3-23.
(Resource Persons: Edward R. Venable and Nathan L. McHenry – 43260 (Attachment #39 - 2 pages) (PR# 5048)
40. Confirmation of Assessment Roll
To conduct a public hearing and receive public comments; andTo adopt a resolution confirming the assessment roll for Water and Sewer Laterals on Chalk Level Road from Shaftsbury Street to Stadium Drive.
(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #40 - 2 pages) (PR# 5044)
41. Confirmation of Assessment Roll
To conduct a public hearing and receive public comments; andTo adopt a resolution confirming the assessment roll for Water Main on Chalk Level Road from Shaftsbury Street to Stadium Drive.
(Resource Persons: Edward R. Venable and Nathan. L. McHenry – 4326) (Attachment #41 - 2 pages) (PR# 5045)
42. Confirmation of Assessment Roll
To conduct a public hearing and receive public comments; andTo adopt a resolution confirming the assessment roll for Curb, Gutter and Paving on Edgerton Drive from Ed Cook Road to the West Property Line of Tax Map 566-3-23.
(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #42 - 2 pages) (PR# 5046)
43. Voluntary Annexation Petitions Received By January 1, 2008
To receive citizens' comments concerning the annexation of the following Voluntary Annexation Areas:a) FY2005-14 Brightleaf Commons
To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-31; and
To authorize the City Manager to enter into a half base contract with Bethesda VFD
b) FY2007-05 Ravenstone Phase 3
To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-58; and
To authorize the City Manager to pay the debt service of the Redwood VFD
c) FY2007-13 Doc Nichols
To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-58; and
To authorize the City Manager to half base contract with Bethesda VFD
d) FY2008-02 Davis Park Retail
To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-31; and
To authorize the City Manager to pay the debt service of the Parkwood VFD
e) FY2008-07 Freeman Road/Roberts Property
To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-31; and
To authorize the City Manager to pay the debt service of the Redwood VFD
f) FY2008-08 Bivins Creek
To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-31; and
To authorize the City Manager to pay the debt service of the Lebanon VFD g) FY2008-11 EPCON
To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-58; and
To authorize the City Manager to pay the debt service of the Parkwood VFD
h) FY2008-12 Tract 3 Outparcel at Brightleaf
To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-31; and
To authorize the City Manager to pay the debt service of the Bethesda VFD
i) FY2008-13 Duke School Expansion
To adopt "An Ordinance Annexing to the City of Durham" the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-31
j) FY2008-14 Currin Oaks
To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-58; and
To authorize the City Manager to pay the debt service of the Redwood VFD
k) FY2008-15 Cruz Property
To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-31; and
To authorize the City Manager to pay the debt service of the Bethesda VFD
l) FY2008-16 Elementary School B
To adopt "An Ordinance Annexing to the City of Durham" the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-31
m) FY2008-17 Biggerstaff & Crawley
To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-58; and
To authorize the City Manager to pay the debt service of the Bethesda VFD
All petitions above are to be effective from and after June 30, 2008. (Resource Persons: Bertha Johnson and Robin Bibby – 4111) (Attachment #43 - 91 pages) (PR# 5030)
44. Public Hearing and Adoption of Bond Orders and Bond Resolution Authorizing $12,350,000 Two Thirds Bonds, Sale of General Obligation Bonds ($40,000,000 2005 Bond Referendum, $8,000,000 2007 Bond Referendum)
To conduct a public hearing and receive public comments on the Bond Orders;To adopt the Orders Authorizing the Two-Thirds Bonds;
To adopt the Bond Resolution Providing for the Issuance of the Two-Thirds Bonds; and
In reference to the bonds from the 2005 and 2007 referenda, to adopt the Resolution to Proceed with the Issuance of the 2009 General Obligation Bonds.
(Resource Person: John Allore – 1330 ext. 262) (Attachment #44 - 35 pages) (PR# 5063)
45. Transportation Special Use Permit – Summit Church (T0800001)
To hold a quasi-judicial public hearing to consider a Transportation Special Use Permit for a development proposed to generate over 600 peak hour trips, andTo direct the Planning Director to prepare an order for adoption, for 1) approval, 2) approval with conditions or 3) denial, or to continue the hearing to a specified later meeting. (A draft order for approval with staff recommended conditions will be available at the meeting)
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #45 - 31 pages) (PR# 5056)
46. Major Site Plan – Summit Church (D0700435)
(This is not a Public Hearing)
To approve a major site plan for "Summit Church," submitted by Civil Consultants, Inc. on behalf of The Summit Church, for a 73,000 square foot place of worship with 750 parking spaces on a 35.84 acre site zoned IP, subject to approval of Transportation Special Use Permit T0800001.
[The site is located at 1951 T.W. Alexander Drive, on the north side of T.W. Alexander Drive between South Miami Boulevard and Page Road. PIN 0759-01-10-4140.]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #46 - 15 pages) (PR# 5055)
47. Major Special Use Permit – The Learning Experience Daycare (M0800001)
To hold a quasi-judicial public hearing to consider a Major Special Use Permit for proposed fill within the special flood hazard area, andTo direct the Planning Director to prepare an order for adoption, for 1) approval, 2) approval with conditions or 3) denial, or to continue the hearing to a specified later meeting. (A draft order for approval with staff recommended conditions will be available at the meeting)
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #47 - 51 pages) (PR# 5073)
48. Major Site Plan – The Learning Experience Daycare (D0700459)
(This is not a Public Hearing)
To approve a major site plan with a landscape variation for a 97 foot buffer section not located adjacent to the property line, and a flood plain development permit for fill and development in the flood plain for "The Learning Experience Daycare," submitted by Wrenn Engineering Company on behalf of JAB Developers, LLC, for a 12,500 square foot single-story daycare facility with 58 parking spaces on an 18.18 acre site, zoned Commercial Neighborhood (CN), Rural Residential (RR), and Falls/Jordon Protected Watershed Overlay (F/J-B).
[The site is located at 5020 NC Highway 55, north of Sedwick Road and south of NC Highway 54. PIN 0728-04-81-9254]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #48 - 27 pages) (PR# 5074)
49. Major Special Use Permit – 3400 Croasdaile Parking Lot (M0800002)
To hold a quasi-judicial public hearing to consider a Major Special Use Permit for a parking lot within the special flood hazard area, andTo direct the Planning Director to prepare an order for adoption, for 1) approval, 2) approval with conditions or 3) denial, or to continue the hearing to a specified later meeting. (A draft order for approval with staff recommended conditions will be available at the meeting)
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #49 - 56 pages) (PR# 5064)
50. Major Site Plan – New Office Facility for Sun River Builders (3400 Croasdaile) (D07-066)
(This is not a Public Hearing)
To approve a major site plan for "New Office Facility for Sun River Builders," (also known as 3400 Croasdaile Drive) submitted by Credle Engineering Company, Inc., on behalf of Sun River Builders, for a 12,800 square foot, one-story office building with 39 new motor vehicle parking spaces on a 1.17 acre site zoned OI, subject to approval of Major Special Use Permit M0800002 for parking in the floodway fringe.
[The property is located at 3400 Croasdaile Drive, on the north side of Croasdaile Drive, east of Cole Mill Road, north of Hillsborough Road and Interstate 85, and south of Medford Road. PIN 0812-01-48-2473.]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #50 - 10 pages) (PR# 5069)
52. Unified Development Ordinance (UDO) Text Amendment – Driveway Names (TC07-17)
To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change – Driveway Names (TC07-17); andTo adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, incorporating revisions to Article 12, Infrastructure and Public Improvements, and Article 13, Additional Requirements for Subdivisions.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #52 - 8 pages) (PR# 5034)
53. Unified Development Ordinance (UDO) Text Amendment – Stormwater (TC07-21)
To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change – Stormwater (TC07-21); andTo adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, incorporating revisions to Article 8, Environmental Protection, and Article 16, Definitions.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #53 - 8 pages) (PR# 5035)
54. Unified Development Ordinance (UDO) Text Amendment – Il/Compact Height (TC0800001)
To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change – IL/Compact Height (TC0800001); andTo adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, incorporating revisions to Article 6, District Intensity Standards.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #54 - 6 pages) (PR# 5036)
55. Zoning Map Change – Duke Lemur Center Initial (Z0800012A)
To conduct a public hearing and receive public comments on the initial zoning map change for Duke Lemur Center Initial (Z0800012A);To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish University College (UC) zoning for the property described in the attached staff report; and
To adopt as support for its action on the proposed zoning map change the determinations that the action is consistent with the Comprehensive Plan and is reasonable and in the public interest in light of information presented in the public hearing and in the accompanying agenda materials.
Staff Recommendation: Approval, based on annexation by the Council and the information contained in this report.
Planning Commission Recommendation and Vote: Denial, 9-4 on April 8, 2008. The Planning Commission finds that the ordinance request is consistent with the adopted Comprehensive Plan. The Commission believes the request is not reasonable and in the public interest and recommends denial based inadequate transportation infrastructure and insufficient information due to the lack of a development plan. In light of the information in the staff report and comments received during the public hearing, the Commission believes it is reasonable and in the public interest for the Council to adopt a direct translation of the existing zoning in the County.
[The site is located South of NC 751, west of US 15-501, north of Cornwallis Road, and east of Erwin Road PIN 0860-02-67-0888 (partial)]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #55 - 16 pages) (PR# 5072)
56. Sierra Initial (Z07-14A)
To conduct a public hearing and receive public comments on the initial zoning map change for Sierra Initial (Z07-14A);To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish PDR 3.000, RR; F/J-B zoning for the property described in the attached staff report; and
To adopt as support for its action on the proposed zoning map change the determinations that the action is consistent with the Comprehensive Plan and is reasonable and in the public interest given that this reflects the zoning of the property in the County and in light of information presented in the public hearing and in the accompanying agenda materials.
Staff Recommendation: Approval, based on annexation by the Council and the information contained in this report.
Planning Commission Recommendation: Approval, per the resolution adopted by the Commission on December 13, 2005 and attached to the staff report.
[The site is located on the east side of Doc Nichols Road, north of Leesville Road and east of Olive Branch Road. PIN's 0860-03-33-3314, -01-20-8767, 0767-01-27-6679, -28-5772]
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #56 - 17 pages) (PR# 5065)
61. Public Hearing on Proposed FY 2008-2009 Budget and Proposed FY 2009-2014 Capital Improvement Plan
To receive public comments on the proposed Fiscal Year 2008-2009 budget, proposed Fiscal Year 2009-2014 capital improvement plan and related fee schedules.(Resource Person: Bertha Johnson – 4111 ext. 285) (PR# 5181)
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