
About the proposed development
At the City Council meeting on February 3rd, Morningstar Law Group represented an applicant to propose rezoning five parcels directly adjacent to Sandy Creek Environmental Park. Of the 6.17 acres included in the parcels, 2.26 acres are wetland, including floodway and floodplain. The proposal for this project has three primary issues:
1. It is not consistent with Comprehensive Plan policies to provide accessible and affordable housing
2. Its proximity to Sandy Creek Environmental Park creates special issues regarding wildlife impacts
3. Its proximity to the floodplain of Sandy Creek, which is part of the Haw River Watershed and flows into New Hope Creek, Jordan Lake, Cape Fear River Basin, creates special issues regarding watershed impacts
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The City Council is prepared to approve this project at the next City Council meeting on 3/17, going against the Planning Commission recommendation to REJECT this proposal. We need your help!
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Durham City Planning Commission voted 8-2 AGAINST this proposed development. Here's what they said:
"Significant concerns over this proposal .... there are current flooding concerns as pertains to the Sandy Creek trail which is ADA accessible. More up to date flooding maps need to be used to evaluate the negative impact this proposal would have on the ability of ADA citizens to use the park." - Vice Chair Chagaris, voted "No"
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"The environmental concerns of the community are legitimate and real. The proposal is not consistent with several environmental goals of the UDO. ... more needs to be done for this project to be more consistent with environmental policies of the UDO." - Czajkowski, voted "No"
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"It's misleading for the applicant's representative to assert that this project fully aligns with the community's needs and Durham's PTM. While half of the site is indeed classified as Apartment & Townhouse Neighborhood, nearly half of the land is also designated as Recreation and Open Space... and these ROS acres lie directly within a large floodplain. Given this context, my primary concern is the appropriateness of concentrating such extensive development in an area so vulnerable to flooding. We only need to look at the recent, catastrophic flooding in Swannanoa, Black Mountain, and Asheville this past September to understand the severe risks posed by development in flood-prone zones such as this." - Gregory, voted "No"
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"I did not believe the developer sufficiently addressed concerns highlighted by failures to comply with Comp Plan policies to protect highly sensitive environmental area and promote creative green infrastructure to address runoff and flooding." - Kopac, voted "No"
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"Unresolved environment, traffic, parking, stormwater, adjacent park impacts... with related UDOs not met per application." - Johnson, voted "No"
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"There is an overwhelming concern for the impact that construction will have on Sandy Creek. I'd like to see the developer work closer with the community to find a solution and development that is appropriate for this environmentally sensitive site." - Williams, voted "No"
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"This project is incompatible with this land. This lot is adjacent to Sandy Creek and Sandy Creek Park. This area is sensitive wildlife habitat and in a floodplain. There is overwhelming public dismay over this project, both over the environmental issues and traffic/safety issues. The Comprehensive Plan policies that are not met are many... there is no intentional mix of age groups, there are no green building techniques, green infrastructure or reuse of existing materials, it is proposed to be built in a floodplain, and there is no innovative stormwater management. My recommendation is for the City to procure this land to add to the existing Sandy Creek Park to preserve the fragile ecosystem of park and its wildlife." - Wouk, voted "No"