Council pauses First Reading on downtown height change pending architectural standards

The Durham Town Council discussed Ordinance #2026‑05, a proposed zoning amendment that would allow up to five stories (60 feet) in part of the Central Business‑1 district and make related changes to definitions, retail depth limits and structured parking rules. Several councilors expressed concern about proceeding with a First Reading and Public Hearing before architectural standards that would shape building appearance and setbacks are finalized.

Councilor Carden Welsh urged delaying the First Reading so that the public can consider the zoning amendments and the architectural standards together. Planning Board Chair Paul Rasmussen and others noted the Planning Board had returned the zoning language to the council to avoid further delay, but Councilor Jim Lawson said the public hearing would be influenced by the look and standards associated with the zoning changes and recommended syncing the two processes to avoid confusing or premature public comment.

The council discussed a specific technical issue involving Ballard Street—a paper or "ghost" street that was relevant to the setback language affecting the Aroma Joe’s property at 74 Main St.—and how prior litigation between 72 and 74 Main St. had hinged on whether the street exists for future application. Town Planner Michael Behrendt said he missed the Ballard Street language when preparing the Planning Board packet, has forwarded the relevant information to the Planning Board, and noted that including Ballard Street in the setback would likely require a second public hearing.

Chair Joe Friedman suggested holding off on First Reading until the Planning Board completes the architectural standards to minimize public confusion. No zoning ordinance was adopted at the May 4 meeting; councilors indicated the item will return for formal readings after coordination with the Planning Board.