Pickett Road rezoning for 140 apartments put on hold after large public turnout; applicant offers trail easement, $300,000 and bird‑friendly features

A proposed rezoning for five parcels on Pickett Road that would have allowed up to 140 apartments was continued to a date certain after the City Council heard more than an hour of public testimony and received new commitments from the applicant.

The Planning Department described the proposal as a request to rezone five parcels (totaling about 6.12 acres) from Residential Suburban 20 to Planned Development Residential (PDR 36.176) to allow up to 140 apartments. The planning commission recommended denial, 8–2.

At the public hearing the developer's attorney outlined the project design, saying the building and parking envelope would be placed outside the mapped floodplain and that the project commits to 24.5% tree cover through preservation. The applicant also added several new commitments in response to public concern: to meet the Energy Star Multifamily New Construction certification for the building, to include elevators in multi‑story residential buildings, to provide bird‑friendly glazing or other bird‑safety window treatments, and to secure off‑site easements and right‑of‑way needed for a 10‑foot multi‑use path connecting the site to the Sandy Creek Trail. The applicant also offered $300,000 toward that connection.

Public comments were extensive and largely opposed. Speakers included dozens of residents, members of the New Hope Bird Alliance, users of Sandy Creek Park and members of Durham Academy (students, staff, security) who cited concerns about flooding on the adjacent park trail, possible impacts to an eBird hotspot with more than 80 documented bird species, stormwater runoff and sedimentation, pedestrian and vehicle safety on Pickett Road during school drop‑off and pickup, and the adequacy of parking for a 140‑unit development. Residents also argued that the trailhead is separated from the proposed development by narrow rights‑of‑way and culverts that would require engineering work.

The applicant said Pickett Road currently operates under capacity on average and argued the location is consistent with the place‑type map’s apartment/townhome designation. The applicant said their building and parking envelope represents less than 1% of the stormwater basin draining to the site and that stormwater controls will be designed to meet the city’s standards.

After discussion the council agreed to continue the public hearing to March 17 to allow the applicant and community groups to work on technical items — most notably the trail connection, timing and the list of specific bird‑friendly treatments — and to return with documented commitments. Staff said the planning office can support a continuance and asked the council to set a date certain; staff indicated an April option would also be feasible but the council selected March 17.

Key commitments made on the record by the applicant: - Commit to Energy Star Multifamily New Construction certification for the residential building. - Add elevators in all multi‑story residential buildings to improve accessibility. - Provide a list of specific bird‑friendly glazing/window treatments and commit to implementing at least one; options discussed included patterned glass, window film/decals or UV coatings that are visible to birds. - Secure off‑site easement and/or right‑of‑way for a 10‑foot multi‑use path to the Sandy Creek Trail and contribute $300,000 toward constructing the connection.

Council left the hearing open and set a March 17 date certain to return the item to the council agenda. No final zoning action was taken.