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Durham council approves controversial Ellis Road rezoning over neighbor objections about flooding and traffic
Summary
After hours of testimony from nearby residents who warned that mass grading and clear‑cutting the hillside would increase runoff and threaten yards, Durham City Council voted 4–3 to rezone two Ellis Road parcels to allow up to 102 townhomes, with the applicant committing to limit impervious coverage and design stormwater systems to handle a 100‑year storm.
Durham City Council on Oct. 7 adopted an ordinance to rezone roughly 12 acres at 1343 Ellis Road and 1326 Clinton Road from Residential Rural to Plan Development Residential, allowing up to 102 townhomes and a developer text plan, over the objections of nearby homeowners.
Erin Kane of the planning department opened the public hearing by describing the applicantnoting required notice and that the Planning Commission had recommended denial by a 10–3 vote. Applicant attorney Neil Go said the project reduces unit count from an earlier denied proposal (about 30% fewer units), committed to limiting impervious surface to no more than 80% and to designing stormwater controls sized for a 100‑year storm event, and proffered that 5% of units would meet the city's affordability definition (30‑year term at 80% AMI).
More than a dozen nearby residents and property owners spoke in opposition. Jessica Dewey and other neighbors said the proposal would require clear‑cutting mature forest and mass grading on a steep site, increasing runoff that already fills backyards during heavy storms; Gabriel Carillo, an adjacent landowner, described repeated problems with community notification and said neighbors organized a petition. Speakers also raised traffic and safety concerns at local curves and about connecting stub streets to city standards.
Council members split in their assessment. Some members emphasized that the site is annexed and served by sewer, falls inside the city's urban growth boundary and is appropriate for an infill housing product consistent with the comprehensive plan; others stressed community engagement shortcomings, the history of flooding reported by residents, and limits on the project's affordability offering.
After deliberation the council adopted the rezoning ordinance by a 4–3 vote; Council Members Baker, Cook and Freeman recorded no votes. Council also adopted the statutory consistency statement required under North Carolina law. Staff and the applicant said site‑plan review and stormwater permitting will be conducted at later administrative stages; the zoning action enables the development to proceed subject to those technical reviews.
