Pickett Road (Re)Zoning Resource Center
Update 03/17/2025
City Council Review of Pickett Apartments (Z2400001) Zoning Map Change Request results in a 4-3 approval of the zoning change, allowing the developer to proceed with the building of 140 rental apartments abutting Sandy Creek. Link to Meeting Agenda.
See this article in INDY Week for an explanation of how the City Council voted: Durham City Council Approves Pickett Apartments Despite Environmental Concerns
Update 02/03/2025
City Council Review of Pickett Apartments (Z2400001) Zoning Map Change Request resulted in a delayed voting and rescheduling of the hearing to March 17th. Link to Meeting Agenda
Update 01/30/2025
City Council Review of Pickett Apartments (Z2400001) Zoning Map Change Request is scheduled for Monday February 3, 2025, 7PM and the Meeting Agenda has just been published.
You can access the Agenda page via the link below. Pickett Apartments is #11:
https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=680&doctype=1
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- If you plan on speaking remotely, the Agenda page contains a Zoom link that requires pre-registration. If you simply want to watch the proceeding, a link to other options (that do not require registration) is provided.
- If you plan on speaking in person, you can email Diana.Schreiber@durhamnc.gov ahead of time and pick up your yellow speakers card from her desk before 7pm (saving a trip to the Clerk’s Office). You can also sign up the day of the meeting but it must be prior to the start time (i.e. before 7pm).
- To submit comments via email, see the Write the City Council instructions further down on the page.
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- You can read each of the Planning Commission Member’s Written Comments which provides insight into their individual concerns and reason for their vote.
- The decision was also recapped in the minutes of the meeting on December 10th that are included below.
- For reference, all Documents associated with the Zoning Map Change Request and being made available to City Council Members can be found on the Work Session Agenda page. Scroll down and click on Item #11.
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- Planning Commission ACTION: Motion failed, 2-8 (Chagaris, Czajkowski, Gregory, Johnson, Kopac, MacIver, Williams and Wouk voting No)
- Consistency Statement: The Planning Commission finds that the ordinance request is not consistent with the adopted Comprehensive Plan. The Commission believes the request is not reasonable and is not in the public interest and recommends denial based on comments received at the public hearing and the information in the staff report.
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- Extensive public opposition to the project from neighborhood residents as well as the community at large. There is no question everyone’s outreach via email or other means left a significant impression on the Commission.
- Environmental concerns raised by the New Hope Creek Corridor Advisory Committee and their opposition to the development. This was considered significant and carried a lot of weight.
- Durham Academy Teachers, Staff and nearby community members talking about the danger from increased traffic on Pickett and the use of Sandy Creek from an educational perspective. The presentation by DA students was also impactful.
- Sandy Creek flooding and the impact of a new development on waterflow to both neighborhoods and the New Hope Creek.
- Parking: The lacking design that does not address residential or visitor parking overflow given only one space is available for each apartment. Where are they to park? Along Pickett Road?
- Area Vacancies: The questionable need for more apartments in the neighborhood given the long standing vacancies on Western Blvd, the now leasing but vacant 208 apartments at the intersection of Petty and Pickett Roads (Vintage Durham aka Dwell Well), and the upcoming 900 units on 15-501 between Garrett and Mt Moriah.
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- The Planning Commission is simply a “for or against recommendation” on proposed developments or zoning changes. As Dan Ellison mentioned in an earlier post, the final authority is with the City Council “which has, in the past, approved requests even when the Planning Commission recommends against it.”
Write the City Council with the same message / concerns you may have voiced to the Planning Commission prior to the February 3rd meeting emphasizing some of the items above.
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- There are multiple ways to write the Durham City Council Members
- Send an email to citycouncilonly@durhamnc.gov with the subject: ZONING MAP CHANGE – PICKETT APARTMENTS (Feb 3, 2025).
- To write Council Members individually, select their name from the page linked above. Use the same subject line when sending an email.
- Use the Written Public Comment Form for City Council available online here. If using the form …
- Select the Comment Type as General Business Agenda
- In the Meeting Date If Applicable Field, enter February 3, 2025
- In the Agenda Item Number and Title if Applicable field, enter ZONING MAP CHANGE – PICKETT APARTMENTS
- Send an email to citycouncilonly@durhamnc.gov with the subject: ZONING MAP CHANGE – PICKETT APARTMENTS (Feb 3, 2025).
- Attend The City Council Meeting Virtually or In Person
- Plan a Presentation
- Join the mailing list if you’d like to receive updates via email.
- There are multiple ways to write the Durham City Council Members
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- Full instructions and options can be found on the page Watch or Comment at City Council Meetings & Work Sessions.
- The final Agenda for the February 3rd meeting will be published on Thursday January 30th and will contain a Zoom registration link that will also be accessible via the City Council Regular Business Meeting – February 3 calendar page.
Background
On Monday, February 27, 2023, an Attorney from the MorningStar Law Group held a “neighborhood meeting” with residents and property owners located within 1000-ft of a proposed rezoning area covering 5 Parcels / 16 acres of land off Pickett Road. The property is across the street from Durham Academy’s Soccer & Track field between Sandy Creek Park and Emerald Pond.
MorningStar represents the developer, Ascension Construction and Development, LLC of Maryland, who plans on developing 3123 Pickett Rd into “Pickett Lofts” – a 16-acre property with approximately 4.5+- acres of buildable land into a 4-story multi-family building that will consist of 137+- residential units.
A number of concerns have been raised by surrounding residents. These include:
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- Traffic Congestion along Pickett Rd (and critical intersections)
- Environmental changes to the Sandy Creek Park and Trail
- Wildlife Impact
This website will serve as an information center for our (re)zoning concerns. It’s a work in progress and will evolve as our needs become more defined. In order to effect change we’ll need to operate as a well informed group!
What Can You Do?
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- Stay up to date! Regularly check the site for the latest news, announcements, and volunteer opportunities.
- Join the mailing list if you’d like to receive updates via email.
- Comment on the Planning Commission Case … once established (see Next Steps below).
- Contact the Durham City Council … when appropriate (see Next Steps below).
Upcoming Events
Volunteer Opportunities
Are you passionate about this rezoning issue? Do you have spare time on your hands? If so, we may have just the ticket! Watch this space for volunteer opportunities or if you’re antsy, send us an email and let us know you’re available, and interested.
Files & Maps
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- City of Durham Parcel Map highlights the parcels of land mentioned in Morningstar’s letter. Links to individual Parcels below (opens the mapping program at the City of Durham website):
- City of Durham Flood Map shows the same area with a flood map overlay.
- Ascension Construction: Developer’s Map A
- Ascension Construction: Developer’s Map B
- Letter from Morningstar Law Group to Property Owners (February 17, 2023)
Next Steps (this section is a work in progress)
1) Durham Planning Commission
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- Rezoning Requests must first pass through the Durham Planning Commission
- Note: As of March 15, 2023 a Rezoning Case has yet to be filed for the proposed Pickett Lofts development.
- Once filed, a Rezoning Case is created on the Durham County Social PinPoint website where public comments can be made.
- It’s recommended that once we are able to Comment on the Planning Commission case we follow certain guidelines. When the time comes, these suggestions will be made available.
- Rezoning Requests must first pass through the Durham Planning Commission
2) Durham City Council
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- Once the Planning Commission has voted on a Case, it is passed through to the Durham City Council for a vote.
- At this point we’ll want to email the City Council with properly crafted messages … but doing so prior to this time will have little impact. When appropriate, we’ll share suggested content for the email.
- The Durham City Council can be reached via email: citycouncilonly@durhamnc.gov
Other Resources / Information
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- New Hope Creek Corridor Advisory Committee
- New Hope Creek is a narrow waterway that snakes its way from western Orange County, North Carolina, passing north of Chapel Hill and through parts of Durham, finally emptying into the upper reaches of Jordan Lake. The committee has successfully helped mold development in the New Hope corridor in both location and form so as to permit new uses, but minimize damage to natural resources.
- New Hope Creek Corridor Advisory Committee
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- Understanding SCAD (Simplifying Codes for more Affordable Development).
- The SCAD proposal (all 87 pages), contains a series of changes to Durham’s Unified Development Ordinance (UDO), a document that outlines local zoning and land development regulations.
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Records Reveal Durham Builder Used Habitat For Humanity as a Trojan Horse in SCAD Proposal
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Habitat for Humanity of Durham Asks to Withdraw From ‘SCAD’ Application
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Durham’s ‘SCAD:’ Good or Bad?
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Op-Ed: The Purpose of Zoning is to Prevent Affordable Housing
- Understanding SCAD (Simplifying Codes for more Affordable Development).
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- Traffic Study (Thanks to Summit Design and Engineering for this information).
- The NCDOT UDO (Unified Development Ordinance) only requires a Traffic Impact Analysis (TIA) if a new or rezoned development generates 150 or more peak hour vehicle site trips. A site trip is defined as the number of vehicles that enter or exit the development during a specific timeframe.
- The proposed Pickett Lofts, with 137 residential units, is expected to generate 90 site trips during the afternoon peak hour, based on calculations used by the NCDOT. As a result, the Developer is not required to pay for a traffic study. The cost, if we wanted to fund our own TIA, is approximately $10k – $12k.
- The NCDOT can require turn lanes off the primary roadway (even w/o a traffic study) where the daily traffic count exceeds 4000 vehicles per day. Currently, Pickett Road shows 6,400 vehicles per day east of Garrett Rd, and 4400 vehicles per day west of Garrett Rd. Given this, the NCDOT will require the Developer pay for a turn lane into the new property.
- A (long awaited) traffic light at the corner Garrett Rd & Pickett Rd has been approved and funded, and is on the NCDOT Active Highway Safety Improvement Project (HSIP) list and the NCDOT Division 5 – Upcoming Projects List. HS-2005D SR 1303 (PICKETT ROAD) AT SR 1116 (GARRETT ROAD)/(LUNA LANE). INSTALL TRAFFIC SIGNAL.
- Traffic Study (Thanks to Summit Design and Engineering for this information).
Contact Us
Suggestions? Questions? Feel free to get in touch or join the mailing list if you’d like to receive updates via email.