Developer withdraws Hayti corridor rezoning after months of negotiations; council accepts withdrawal

An applicant seeking to rezone two parcels at 401 East Lakewood Avenue to Downtown Design Core (to allow greater building height) asked the Durham City Council to withdraw the rezoning petition, and the council voted 5–2 to accept the request.

Jamie Schwedler of Parker Poe, representing property owners Sterling Bay and Akron Group, presented a proposal to change the parcel zoning to Downtown Design Core to permit heights up to 300 feet. The firm said the rezoning would be consistent with the city’s comprehensive plan place type for downtown and listed a set of community benefits developed during three years of stakeholder outreach, including scholarship contributions, subsidized small-business retail, event parking for local institutions, a community gathering space, and a commitment to pursue signage recognizing Hayti’s history.

Facing vocal community opposition in public meetings, the applicant told the council it had negotiated with local stakeholders and offered a package of commitments the team estimated at roughly $2.3 million in value over a 10‑year horizon (scholarships, subsidized retail space at roughly 50% of market rent for 10 years, dedicated parking blocks for Saint Mark’s and Hayti Heritage Center, an escrow for blasting concerns, and funding for commemorative signage). After presenting those offers, the applicant asked to withdraw the application: “We respectfully request that the council allow us to withdraw this case,” the applicant said during the presentation.

Council members debated the request and whether the public should be allowed additional comment given the public hearings had been open since June. Following discussion the governing body voted to accept the applicant’s withdrawal; the vote to accept the withdrawal passed 5–2, with two members recorded as opposed. Councilmembers who opposed the withdrawal said they wanted the council to hear additional public comment and to render an explicit decision on the zoning petition.

Council also asked staff and community leaders to convene a focused community planning meeting for the Fayetteville Street/Hayti corridor to discuss near-term steps for the area and how city-directed corridor investments — including a previously approved $10 million allocation to a corridor CDC — will be used. The council indicated that if a new application is filed it would be subject to the city’s normal resubmittal rules; staff noted a withdrawn application would be subject to the UDO resubmittal timing provisions (a withdrawn application typically requires a six-month interval before an identical submission).