Hello, everybody. Thank you for joining. My name is Juan Antonio and we're gonna start hopefully you're here because you're interested in compliance in OpenShift Automation, if not, you're still welcome to stay, but I understand if you got here by mistake. That's also not an issue. It happens So we got a pretty big agenda for the limited time that we have but we're gonna go through it and It'll be fine. Hopefully we're gonna answer these questions. If not, there is still a Q&A time slot enabled So It'll be fine. So first a quick introduction about who are we? Who are these weird people that are talking to you? My name is Juan Antonio Sory Robles, but that's pretty long. So you can call me Oz I'm a Mexican living in Finland and nowadays I do OpenShift mostly security and compliance though So that's who I am I'm Jakub Rozek. I'm Working on OpenShift security and compliance with Oz and before I started working on this project I used to work for a long time on SSD and free IPA Right. So now we're just gonna go very quickly about why we're even Doing what we're doing. So Jakub All right, so The work we are doing is making sure that OpenShift is able to pass Compliance test compliance is compliant and we're doing this because Unless piece of software is compliant, it can't be used in some industries or environments think banks Militaries governments like that Our biggest the user or customer whatever you want to take it is the North American public sector This has implication on what standards we are trying to be compliant with first And while we are doing this software work and automating the stuff in theory you can just download the standard and Go to the cluster and make it compliant yourself But that's already quite hard work if you're doing it with like with one machine one VM one server If you bring this up on the cluster scale, it becomes even harder and With OpenShift you're not just Trying to make the Kubernetes layer compliant just the just the cluster level but under that you have nodes that the cluster runs on and Underneath you also have other layers that we don't Necessarily care with our software with the compliance operator like you might need to make sure that actually the hardware You're running on is compliant or that the people who are operating the the cluster Pass some background checks and whatnot. That's outside our jurisdiction, but the point is to make sure the whole system is compliant is very hard and it gets much harder with the cluster and what makes it even harder is that Kubernetes is an upstream project and OpenShift as a product are very fast-moving and the standards that you are compliant with are quite big So if you are doing this all this all work manually Once you are done, the next version comes and you can as well start over so it's kind of prudent that the compliance work is done in automated fashion and and if possible with the With a click of a button and the last thing is that the standard themselves while they are often freely accessible You can just download them and process them yourself They are not easy to read. They are written in sort of lawyer English and you need to go from that to some configuration directives and It's not easy to to process the standard and figure out How do I how do I go from the sentence in the standard to some configuration settings on my cluster? And this is all done automatically by the compliance operator and the compliance escort project Next slide please So the the team we are part of is called infrastructure security and compliance. That's me and us and another developer Matt Rogers who I'm not sure if he's there, but he's not presenting What we do is we On one level we go through these standards three compliance controls and Try to codify them as Compliance content that can be evaluated and automated by the compliance operator The compliance operator is another big part of what we are doing So it's a it's an open shift operator That can run in your cluster can take the compliance content evaluated and based on the content tell you if you are con compliant how much you are compliant and Help you with mitigating any issues that You might have As I said earlier a big part of what we do is for the North American public sector So the standard that we start with is called federal moderate. There's also kind of Acronym that it's known known by at least eight hundred fifty three It's not all that we are doing But we are starting with that because all the other standards even outside North America like Australian E8 and whatever else might be used around the world is sort of based on those standards so it's not like we are just doing the NA public sector work and then we're going to start over and do something completely different the other standards are based on that so If we start with the federal standards, we will be covering sort of implicitly the other work Um, except for the compliance operator that we will talk about in detail in this presentation. We are also working on another operator for File integrity of the cluster nodes That's called file integrity operator. It's not mentioned very much in this talk or not at all But it's also cool project and check it out if you're interested Next slide please Okay in the Through Yeah, yeah, sorry about that, right? So now we're gonna talk a little bit about what we actually did which is the whole reason of this talk and So as folks might know there is this cool new thing in OpenShift or well in Kubernetes in general called operators So to some extent we did develop a Lot of the stuff for the operator to be able to do scans in the cluster in a more automated and friendly fashion However, we didn't we can't take credit for everything, right? So I'm just going to mention that there are three big pieces to all of this work, right? the first one of course is the operator and the operator is a controller that listens for specific objects and Helps you get into compliance track your compliance and then Will give you guidance on how to reach there if there are any gaps, right? Then we have openscap, which is a tool that we use to actually do the checks and that is a nice certified tool in order to Follow policies code them into a language called scap actually and evaluate it, right? So this is a long well, it has a long history of a project and So we can't take credit for that one, but we work closely with those folks that's a great team as well and finally of course what is a Compliance tool without content, right? You want to do checks and you want to give explanations about what you're checking So that is what the content does, right? There is a project called compliance as code where you are able to write content for different platforms and This is what we're talking to use right So getting back to the operator We expose a lot of custom resources in order to be help you automate your compliance story It looks very overwhelming and it kind of is but don't worry There is a subset that you could care about Right, I will go through them in a little bit. So you don't need to worry about that either The first thing that you want to do though when you're Trying to reach compliance where value for compliance is figure out. Hey, what am I gonna comply with and how am I gonna do it? And so this is the first step and the first thing that you're gonna have to define It's actually the only thing that you as a user need to Choose pick and choose right for your cluster. So the first thing of course is a profile right a profile is a definition of a Benchmark so to say and it contains a list of roles, right? So for the for this use case, for example, is we're choosing the essential eighth benchmark and it contains the appropriate descriptions some metadata about what it applies for and Ultimately what you're gonna do is check a specific set of rules Right, so they're defined over there after that you have a rule and The rule defines what specifically are you gonna check? Which is the most granular thing, right? So it could be that you're gonna check file permissions. It could be that you're gonna check for a kernel argument There's many things that could be done. So that would be the rule and rules are included in profiles as I mentioned For Example in this case, we also include a description of the rule to help you audit what you're doing, right? So you have some more metadata such as severity even a warning And so in the final report, you're gonna see all of this stuff, right? and of course a big thing is how do I fix this Right and in this case, this is the machine config object Which is an open-shift specific object that allows you to configure the operating system So This is included as part of the rule, right? So as part of this rule if I find an issue, this is how I fix it. So all of this information is there After you have this stuff Well, one thing to note is that we try to be friendly and provide you with some predefined profiles that you can already take it to use out of the box and Which we're currently testing and make sure that they're solid, right? but In reality, no size fits all and most likely than not you're gonna have to tailor your profile Which means change add rules remove rules. And so we have an extraction calls the profiles, right? And in which allows you to do just that right in this case Maybe you want to throw a joke at somebody and put a cylinder is permissive Please don't do that, but it's part of the example and this is exactly what we're doing in this role Finally, as I mentioned before we also want to configure The specific operational Settings of your scanning, right? How much storage are you gonna put there? How often are you gonna? Scan your hosts, right in this case. It's every day at one in the morning What roles for the notes in your cluster are you gonna scan, right? And all of these gets defined in the scan settings. You'll we provide a default But most likely than not that will not be enough for your case You will most likely have different roles or want the different rotators rotation strategies. So you'll define it there and with that in mind Finally, what you want to do is specify your intent as with a lot of Kubernetes objects, right? So you want to say for example in this case, I want to comply with the essential aid profile And that's it. You bind the settings to the profile So in a way of saying please scan my host with these specific profiles and the operator will just do it The next thing you want to do is keep track, right?  Is it done? Is it running? Is it aggregating the results? It helps you get events. So you could actually write a A small service that listens for events when you have a result and do actions on that, right? Maybe you want to send a mail to your SRE or maybe you want to just Copy the results up to somewhere else like off load it for example So you could do such a thing. That's the intent. And finally, of course, we have objects for the results, right? One of them is going to be a remediation that you can apply and the operator will help you do so Next you're going to have the check results themselves with metadata about what happened. And finally, you'll have raw results Which are in a format that some auditors are used to seeing, right? So we store that in a persistent volume as well I'm not going to go through examples of this one's here, but you're going to see a little bit of that in the demo Next is the how Jakub Right, so the how section tells us how these scans are actually performed on the technical level It sort of goes up from the bottom from the low level scans to the abstractions that Os mentioned while ago So before you have the scan, it needs to have some content And the content is developed in this compliance as code project That it's compiled and the result of the compilation is XML file that's called Datastream Datastream is put into a container image and the container image is pushed to a registry And while you can reference all the low level openscap objects in the compliance scan API objects, it's very user unfriendly So there's this profile bundle object that we use to encapsulate the openscap Datastream and the compliance content And what comes out of this profile bundle objects are all these rules, profiles and variables that Os was showing earlier And the compliance operator on startup would create two kind of default profile bundle objects One is for OCP, so for the Kubernetes cluster level and one for the nodes and by default we support ARCOS So by default there's an OCP profile bundle and an ARCOS profile bundle These are meant for usability so that instead of referencing to the long openscap identifiers that nobody can be expected to remember or type You just reference the objects like rules and profiles that are parts of these profile bundles just by name Next slide please Okay then the lowest level, lowest object on the abstraction level is a compliance scan which represents a single scan And a single scan scans either the Kubernetes API objects or a set of nodes Typically you would scan a machine config pool because all the nodes in the machine config pool are the same The scan represents an orchestrated openscap scan So there's scan reports that run actually openscap, they are fed the information through the content Typically you would do it by referencing the profiles and rules and whatnot Then openscap itself runs and produces results There's sort of two kinds of results that are produced and we'll talk about that more in detail But briefly for now there's sort of compact results that just say if somebody will pass or fail And that can be used to produce results as Kubernetes objects And then there's a much bigger result, actually result file called ARF file that auditors are normally used to And that's too big to be stored in a CD as Kubernetes objects so it's offloaded to a persistent volume And how and why exactly we'll talk about later I think in more detail And because especially when you're scanning nodes you would scan many nodes but you want to represent the result for a set of nodes as a single result You don't want to see 1000 results for 1000 nodes So there's a pod called aggregator that looks at each of the compact results stored in config maps And aggregates them to a single result so for each scan that scans a set of nodes in a machine config pool you would end up seeing one result Okay, there's two kind of scans as we mentioned a couple of times before that you can either scan the nodes in the cluster or the Kubernetes API objects This distinction is represented as two types of scans one is node and the other is platform scan The node scan looks at the cluster nodes themselves so typically that would be ARCOS How it works is that the pod that performs the scan is a privileged pod It mounts the host file system at some known location in the pod And the openscap then runs sort of as it was scanning a truth where the node file system is mounted And in this case you would have one pod with openscap, one scanner pod per node in the cluster And the platform scan is scanning the Kubernetes API objects It scans just one singleton instance of the scanner pod that is not privileged Because that pod doesn't have any business in mounting the node file systems it doesn't have to be Before actually doing the scan the pod prefages the Kubernetes API object that would be looking at like config maps, secrets and whatnot Dumps them into a known location and then runs the openscap scanner on that known location Next slide please So this is what the scans do, they more or less wrap openscap and perform the actual scans One level up above the scans are the suites that I mentioned before So they provide first a group to get a scan So if you're scanning a kind of the typical default installation of OpenShift you would have one scan for the master nodes You would have another scan for the worker nodes and then you would have a third scan for the Kubernetes API objects They would all be probably listed in one compliant suite So there's the list of scans The suite also exposes aggregated status of all the scans So by aggregated means that if you have three scans one of them is already done the other two are running The aggregated scan would be displayed as running and not switched to done until all of them are done And the suite also exposes kind of sugar around running the scans actually So there's two things that are worth mentioning one is a schedule So you can with the suite you can say that the suite runs the scans periodically with a Kubernetes Chrome job And the other thing is that in the suite you can say that you want to just trust us And automatically apply all your mediations and kind of close all the gaps toward the compliance automatically That might be useful but probably should be used only once you verify that all the settings are actually okay in your environment Okay and then going up from the scan and the suite is the scan setting binding So that's a abstraction that lets you generate the suite and the scans Without actually having to type out all the OpenSCAP details So instead of typing the identifiers that OpenSCAP expects that would be like xcdf underscore something underscore arcos and so on You can just say I want to scan this group of machines using the arcos-felrem-moderate profile And the scan setting binding would generate the compliance suite for you And the compliance suite would then generate the scans for you and all like this And as I said earlier that some profile bundles are created by default So in the easiest case you can just reference the objects that are already there for you You don't have to set anything Next slide please now Okay and a little more The lights keep getting off here It's probably similar camera for a bit So as we said a bit before there's two kinds of results There's the compact results that are small enough to be put into a city And there's the raw results that are stored in this format called ARF I think it means assessment result format These results are very often required by auditors or at least the auditors are used to them and there exists some third party tools that visualize and correlate the results and so on The ARF result while useful is huge It's like think dense or even hundreds of megabytes big Excel file So this is too big to put in a CD into config map or any other native Kubernetes object It's need to be stored somewhere else What we did was that once the result, once the ARF test result is created The scanner pods upload the results into a persistent volume So as a user what you would do is you would then spawn a bot that mounts the persistent volume once the scan is done And copy the results somewhere else for viewing in some third party tool that you might have Alright so with all that said and done now we can try it out Now we're not going to do a live demo even though this is a live session So this time we're actually have a recording for that right so Let me try to copy it here Oh I could not copy it there, yeah there you go You can see it So Oh I messed it up Let me try to Do this Right hopefully you folks can see the whole thing But okay as Kinema has been a little difficult but okay we can see some things right So the first thing that you already see is that We have some profiles that already come with the installation of the operator So what we're going to do is check out one of those profiles right This one is the essential aid one There are some extra fields that come from CubeCuttle but that's just what you get Oh is it possible to make it larger? Okay let me give that a try I can give that a try, wait up I think I could do that larger but I would need to switch to the other screen Yeah I'm going to try to switch to the other screen and hopefully that helps Hello So then I'm going to switch this one to my other screen over here There you go And let's give this a try Right what about this is this any better? The font could be bigger Yeah I guess what about this though? Right maybe we can continue with this one Right so the stuff that you already saw some profiles that are already there Not much difference alright well that's a bummer So in this case I'm just checking out the profile as you can see there's not A bunch of rules that are enabled in this profile The next thing to do though is well check out one of the rules Right just the curiosity In this case we're going to set the K pointer restrict from the CIS controls in the kernel And it gives you some metadata as I mentioned about it like the rationale Or there was a fix enabled over there And yeah let's try to take it into use First thing that we want though is to put some settings for that Right in this case we're just going to allocate one gigabyte for the storage It's a very small cluster in bigger clusters of course you would need a lot more And there is guidance for that and we're just going to run this every day at one in the morning Right for workers and masters Finally we just apply right we want to comply with the e8 profile and with my settings And let's just do let the operator do his thing Right which is exactly what it's doing right it's going to be running the profile And until we get a result is going to be in state running And then it's finally aggregating the results which means that it goes through all of the nodes in the cluster Check the results do I have inconsistencies or not Or is everything a okay And finally after aggregating the profile we should see a result fairly soon Right so in this case of course this was an out of the box cluster So it was not compliant unfortunately And we can see what exactly failed right in this case there's a lot of audit rules that were not set And they're not default so those can be easily fixed There were some SSHD parameters as well that we're missing But that's a lot of them we can also actually just check the failed results with a label Which makes life a little bit easier And you can also view the results and it'll tell you more or less like is this a bad thing Right how bad of it is it like medium high severity And a little bit more metadata about it In this case we're also checking the remediations none of them have been applied But in this case the remediation was a machine config As I mentioned the machine config is a OpenShef specific thing that allows you to configure the operating system And Yeah so We just try to apply it and as you can see the machine config object got created And That's about it related to Remediations right so Here was the creation You can see machine config object in there and finally we want the raw results Right so those are they have persistent volume claims in the cluster One thing that we can do is create another part to fetch them or actually I have another utility to Make that a little bit easier But yeah this is just the basic flow of what you would do in your day to day when you're running the operator I'm sorry it went a little fast it was a little difficult given that I could not Maximize this But yeah so So that's it over there Now we're going to talk about some challenges about the building the operator itself One of them as mentioned was the result server Which is the server that actually fetches all of the raw results And the issue was that initially we were not aware that it CD had that limit because we were near to that so we had to write it to begin with right and so Then we came to the issue that Not all of the default volume types Accept read write many right a lot of them for example in Amazon the default is read write once which will only allow you to mount one volume per note at a time right so That got a little bit tricky so you got to be careful when using that one Therefore that's why we needed just one result server as opposed to just writing to a shared volume in all of the nodes that are doing this can that would have been way easier but that wasn't possible at the time Another thing is that now that we actually push the results towards a single result server We have to do it securely right because these are potential security findings. So we do have an ephemeral PKI that's created just for each scan. So you can only get and receive results from the notes that belong to that scan from the pods. Sorry. Right so so that was another thing that we did Jacob will explain the next challenge though Right so As I alluded when you're scanning the notes you might be potentially scanning hundreds or thousands of notes but you want the result to be represented as a single object right That sort of assumes that all the notes would have identical results which should be the case. Normally you would scan a Notes in the single machine config pool which should be identical but There might not be. So what if one of the notes is different If next slide please If one of the notes is different it might be because the admin just did you know OCD bug or a station to the node and just run vi and change the file Or it might be worse. It might be a breaking attempt Either way what we want to do is we want to direct the attention of the admin or the compliance officer who's running the scan to this issue and make them aware. So in this case, regardless of whether we can move on from the state to a compliant we always flag the result as inconsistent. And because there can be many notes and we want to make it easy to find where the inconsistency is we also try to find the most common state among the notes and just flag the inconsistencies. This is all visible as Kubernetes labels. I forgot the exact names but it's in the docs. So once you get the full set of results you can just filter by labels and see okay this note is different from the others and this result is consistent so on. Finding the most common state is not always possible like what happens if you have just two notes right and one of them has this state and the other has the other. But if it's possible we try to find the common state and if possible we try to make it possible we try to make it so that you can convert from that inconsistent state by applying the remediation. That's also not always possible like in case one of the notes skips the check completely. We have no idea but what its state is but if it's possible we always try to generate the remediation. And once you apply the remediation you would get to the consistent state. Okay the other issue we were dealing with was with contents updates. So the remediation as you maybe saw in the demo are stored as Kubernetes objects for the note updates there will be machine config objects. And while you can patch the object like calling OC patch or keep CTL patch this still replaces the whole thing. So the whole machine config or a whole config map. So with the machine config this means the whole file is replaced. But what if the remediation needs to be updated like we messed up the remediation we actually need to set some other contents of the file. Or the file the package that we set configuration for has been updated rebased and its default have changed. In that case we need to push out a new remediation. Because it's probably not a good idea to just do this automatically and not let the admin know what we do is in this case the remediation object that was previously applied is flagged as outdated. And in the object like if you dump it with OC get YAML. You would see both the current object that is applied to the cluster now so that represents maybe the file contents on the disk. And the new version of the remediation. And this gives you the opportunity to review and revisit the the object and apply the new settings at your own base once the contents have been vetted tested what not. Okay, when is this going to be released. The operator will be part of OpenShift 4.6. As far as like front-end OpenShift goes this will be released on operator to help us. Many other operators. But the important thing to note is that that's the operator it doesn't mean that we will release all the content and you know people will be able to make their clusters compliant immediately with all the different security standards. The content will come a bit later and the content releases are designed or reworked so that the content releases can be asynchronous and not depend on the OpenShift schedule or operator schedule. They're completely coupled. And in 4.6 as far as the nodes go, nodes go at least only ARCOS will be supported. Difficult issue from right now. So now we're going to go through some frequently asked questions that we have gotten over the time while developing this operator. The first one has been, why are you using OpenScape a couple places code that is all technology and so on. But in reality, I mean, it's a standard and it's something that people already have tooling and automation on top of right. More so there are auditors that already have setups that allow them to easily browse and consume results and checklists out of this right. So it let's just make life easier for both the people in the field and for us because there's already something up there. Right. Another thing is that they already have a community. Right. So it is not actually just used for well, there are there is content for Ubuntu, there is content for macOS. There are other projects not just OpenShift like OpenStack, for example, that has security content here. So we want to enable communities and enhance communities. So that's why we decided, hey, let's tag along in this project and take it into use right hopefully at some point be able to provide more value as well. So another question that we have gotten quite often is why didn't you use OPA or OpenPolicyAgent, which is a project from the CNCF. And the fact is that even though OPA and the compliance operator both evaluate policy, they're very different projects. Right. The OpenPolicyAgent is a policy engine. So it allows you to in an abstract manner evaluate policy that most likely than not you're going to use in Kubernetes for your admission controllers. Right. So you're going to be able to do authorization decisions. The compliance operator evaluates compliance policy, which is very different. Right. So what we want to do is do I comply with this framework and give me a result about it and help me get there. Right. So in reality, they're quite different projects. And we do see a world where the compliance operator could check that certain rules that OPA expects are present in the cluster and does allow you to comply using those rules. Right. So we view them as projects that can coexist, converge and give mutual value. Right. They're not mutually exclusive, although, and we do different things. We also have gotten a lot of questions about, can we use this in more previous versions? Right. Like for that three. And unfortunately, the answer is no. Right. Due to one, the testing due to the bandwidth that we have, but three is just that we are using a little bit newer APIs that didn't exist in for that three. So that's unfortunately not going to be possible. What about well, even though the design that we have is fairly generic and you could possibly run content for well. Again, the fact is that mostly we've done testing in CoroS. Right. So that is what we're supporting. And finally, does the compliance operator make us compliant? And the answer again is no. Right. Well, there's a lot of stuff that you can automate with the compliance operator. As Jackie mentioned, some content is still being created. And even when we have that content ready, the fact is that there are things that you're going to have to do by yourself. For example, we cannot force you to use a specific identity provider and to enable two factor authentication in that identity provider. Right. That's up to you. Right. That's just one example, but there's many more. And so there is more to it than just an operator for compliance. Right. And what's next? There is still a lot of work to do, mostly content though. So we are going to be very busy writing content. We are looking into the CIS benchmark. We are looking for more content for Fed ramp and there are more profiles out there. So we're going to be doing a lot of that. Another one is that we are working a lot with the advanced cluster management team. Right. So to enable the compliance operator there. So we already are able to create policies with Rackam that will trigger policies from the compliance operator. Right. So and give results to Rackam. Right. So you are able to say, I want all of my managed clusters to be essentially compliant. And you'll get results for it. That is possible, but it is not very granular. Right. So it'll tell you pass or fail, but it won't tell you exactly what are all the checks that failed. And that's something that we're working on. Right. So that'll come in the future. And finally, we want to be also deployed by default by Rackam, which would be great, but we're not there yet. And that's it. If you have any questions, we'd be happy to answer them. Thanks a lot for joining our talk. I'm sorry if the demo got a little messy, but we really appreciate your folks getting interested in this. Thank you so much. We're going to stick around for the questions though. If there's any. We do have a question right now from David Duncan. Do we have any specific compliance targets in mind for the first support? Right. And we are going to be looking into CIS and FedRAMP. Right. FedRAMP is a huge, huge compliance benchmark. So that'll take a while, but CIS is not as much. So that's what we're going to be looking at first. Unfortunately, that's not going to be available in the first release. But as we mentioned in the presentation, you can get updates out of band for your content. So at any time that there's newer content, you can just fetch it with the operator. And that'll just come. It'll be fairly seamless to that extent. So let's keep my hand on time. I think we don't have too much time left. There is a link to a breakout room where we can continue discussion if more Q&A questions come up. Or you can continue discussing in this drive chat as well, which one you prefer. Thanks a ton for your time, folks. This was really interesting stuff.


e built there The truth is we don't know what's going to be built there That's why we didn't do a development plan But what we decided to do instead was Tell them everything that could be built there and see if they had concerns about that and and we found out that Actually, they really like our request just so I'm clear. So you said two meetings. Yeah. Okay. Cool. All right. Thank you If you would need a motion to adopt this First of all, though, I guess I need to close this public hearing. Is there anyone else that needs wants to be heard on this? Anyone else here that wants to be heard on this public hearing item? If not, I'm going to declare this public hearing closed that matters back before the council And I would accept a motion to adopt the resolution amending the future land use map Mr. Mayor, if I could before we adopt I just want to ask staff if it might be possible I'm just trying to figure out To the point that councilmember middleton made If there's a max form in how it would fit into this section Not necessarily like development plan If there's a way to see like max form and that's in that area Even if it's just a box What it would look like sitting in that section just to make sure that I'm I mean, I just don't feel comfortable with both stormwater and flooding being Possible areas of concerns because we're basing it off of 2005 And so I'm just trying to just trying to make sure that I'm not Missing anything now. I'm fine to vote no and move forward, but I would really like to find out if it's possible to like wait a moment And to see if there's a way to see this and feel a little bit more comfortable about it So are you asking the question of how much can we build on there by ordinance standards? So for if it were to be built out as office Or under the oi zoning non-residential I believe it's 60 of the area can have building on it That doesn't take into account the streams or the floodplain Those are other constraints that they would need to respect Is it possible to see a demonstration or a graphic that would reflect that? I don't have one. Um, I'm not sure if the uh applicant or their their site Planner does Do you have any graphics showing percentages of potential? We have any I don't think we have any graphics, but I was I was Just confirming with mr. Yokely who's amic atoms and The overall site is about 23 acres and a portion of it. Do you know the portion that's About floodplain Yeah, so about four four acres are in the stream buffers or floodplains and the way that Realistically the site would be developed Would be I would say at a maximum of 300 300,000 square feet of office um Without and that that is specifically so that you don't impact the the Stream buffers or floodplains if you were to develop the site at the max residential You'd be upwards of 200 Yeah, 220 220 residential units and so in that scenario You'd have you'd have to have at least two points of access per the udo And so at least one of those points of access would require a stream crossing So at the max end Of the residential development, that's where you would get the most environmental impact But you could develop the site for I guess 100 800 unit residential units and not have a stream crossing and that would be that would be Less impactful on the environment and if you developed it for solia's office You you could do up to 300,000 square feet and you wouldn't have to impact any floodplain or have a stream crossing at all the the site kind of The I guess the highest point of the site is kind of in the middle of the site if that makes any sense So that's probably where most of your development will go Thank you, mr. Gosh On the if the the max of 220 units that could be possible What would it look like on student impact on that's on the side of the county? Yeah, and those numbers are in the staff board. I think it was uh Well, I shouldn't guess but I think it was like 33 students total So I'm pulling up attachment eight in order to answer your question. Um, so based off of the um Let's see if we're to be used with the maximum number of residential impact of Calculate out as 253 multiplex units, which is 11 units per acre. Um, we see an impact of proposed zoning Totaling let's see 54 students additional compared to the non-residential use Any more questions council member? I'm good. Thank you very much Thank you, mr. Others Any more questions This public hearing is closed that matters before the council and I'll accept a motion to adopt a resolution admitting the future land use map I can move from the second that we adopt a resolution admitting the future land use maps The land medium density residential for the site madam clerk mayor, mr. Mayor Yes, sir now that we've had the motion and second the motion I'd like to make a brief set of remarks before we go absolutely. Mr. Reese. Thank you, mr. Mayor Colleagues as I think you might have been able to tell from my questioning of mr. Gosh I'm loathe to support this item Uh, mr. Gosh, I gave you a little bit of a hard time.  You've been direct You've been forthcoming. I really appreciate that honestly. It was fantastic um The idea that we would approve this without a development plan purely because it gives the owner more flexibility to either develop it under the use that they prefer Or to sell it to a residential developer who will develop it under the max fill Current zoning or future zoning is a difficult pill to swallow um, I want to associate my associate myself completely with commissioner al turk and commissioner bakers remarks about how Much I don't like that And ultimately my likes or dislikes don't matter about what a bad idea that is for the way that we handle our business on these types of issues At the same time um The mayor of creekside sent us an email in which he said That as councilman milton pointed out 110 of the residents of this neighborhood I'm assuming they're Including like grandparents come to visit their kids and folks kids all for college who come back to the holidays I mean, I'm gonna give them some play on the 10. I think that's fine um Support this rezoning and it's easy to see why you offered them A very unattractive list of uses under the current zoning and a less unattractive list of uses under the future And I think ultimately While I do share the concerns about how this makes Less possible meaningful community engagement on the backside like once this thing actually starts to be developed and whatever use case it gets done That this type of process that that i'm about to vote in favor of robs those future residents of that opportunity but The current residents have said this is what they want And while I can have a lot of theoretical reasons about why they shouldn't want that Because i'm we could smart and know a lot of things the fact is that is what they want and In this situation It's not the worst case option And I don't like voting for it. I'm loathe to support it, but I will be voting. Yes, mr. Mayor. I'll have to say about that Thank you councilmember riz Okay, I'll try again We need a motion to adopt a resolution amended the future land use map to low medium density residential for the It's moved and seconded. We just got to open the vote as it Councilmember cabrera. Is there a second? Second, thank you. It's been moved and seconded madam clerk. Will you please open the vote? Please close the vote The motion passes six zero We need now a motion to adopt a consistency statement. So moved second Moved and seconded. We adopt the consistency statement. Madam clerk, please open the vote Please close the vote And finally need a motion to adopt an ordinance of motion passes six zero I'm sorry, madam clerk to adopt the ordinance amending the Durham Unified Development Ordinance Some blue second Moved and seconded that we adopt the ordinance amending the Durham UDO Madam clerk, please open the vote And please close the vote Motion passes six zero Thank you very much. Madam clerk. Thank you. Mr. Gosh. Thank you. Mr. Griffin. Thank you all for being here I will now move to item 23 united development Ordinance tax amendment federal emergency management agency fema firm updates And we're here with mr. Stock welcome mr. Stock. Thank you Michael stock with the planning department text amendment tc 1903 is a technical update to adopt revised flood insurance rate map or firm Panels issued by the federal emergency management agency or fema By december 6 2019 as required by fema and state law in order to maintain Durham's participation national flood insurance Program or nfip the nfip requires local communities as a condition of future federal financial assistance and federally backed property flood insurance to participate in the flood insurance program To adopt flood plain ordinance is consistent with federal standards to reduce or avoid future flood losses fema implements the nfip in the north caroline division emergency management serves as a state coordinator Once fema approves flood plain map for the nfip Each local government affected by flood plain must incorporate the revised map into its flood plain ordinance And no new flood insurance coverage can be provided until that occurs The panels that you're looking at tonight are actually all in the unincorporated part of the county And that's why I went to the board of commissioners back in october 28 for their approval They are actually a follow-up number of panels this board as the Board of commissioners back in october of 2018 saw a larger list of panels. These were leftover panels Parts of the map that were under that were being contested in neighboring jurisdiction some of these panels cross jurisdiction person county Grandville county The joint city county planning committee reviewed the text amendment. It had no concerns The planning commission recommended approval 12 to 0 And as I mentioned before the board of commissioners have already approved the amendments at its october 28 meeting As a reminder city council will require to take two actions The first would be the action on the appropriate statement of consistency that's found in attachment a And the second would be action on the ordinance amendment itself, which is attachment b Thank you. I'll be happy to answer any questions. Thank you, mr. Stock You have heard the report from staff. I'm going to declare this public hearing open We do have one speaker who signed up to speak on this item, and that's ellen plus miss plus Welcome miss plus. Please give us your name and address and you have three minutes. Yes. My name is ellen plus I live at seven zero six east forest hills boulevard in an area that floods very regularly We are frequently featured on the news um people breaking out boats and fishing rods in order to participate in fun in our backyards uh As durham incentivizes new construction it simultaneously increases our flood risk Living in a residential area that is defined by its pressured urban forest Surrounding a fema flood zone has been an education That forest is incredibly important to us. It includes old growth trees and many others The fema firm update while I understand you may need frankly to pass this in order for my neighbors to Consider to continue to be able to get their flood insurance This does provide an opportunity for this body to please consider the development of actions that might mitigate the expanding flood risks that come With every single approval of building that you that comes before this body Such actions could include more robust urban forest protections Better infrastructure for storm water specifically around our areas that are flooding actively And to quote councilmember freeman in the beth page item just prior to this Quote we need to be more intentional about not developing too densely in the areas around flood plains I could not agree more thoroughly My neighborhood has initiated actions that would assist in such mitigations an npo Application and a separate action to amend the future land use map I ask for your support moving forward as forest hills tries to manage its expanding risks with regard to flooding Thank you very much Good evening. Thank you miss plus All right, uh, is there anyone else that would like to be heard on this item? This is a public hearing item. Is there anyone else that would like to be heard? Are there any questions or comments by members of the council? Any questions or comments by members of the council just a note that I want to echo Miss I mean plus plus comments and that it's It's becoming it's wearing on me to See how much of where we're missing because we're still in 2005 ordinances, so Holding study but Thank you. Any other comments by members of the council? Any other questions or comments by members of the council? Is there anyone else that would like to be heard on this item? If not, I'm going to declare this public hearing closed the matters back before the council We would need to adopt first motion one the appropriate consistency statement Madam clerk, will you please open the vote? Please close the vote The motion passes six zero And we would now need a motion to adopt an ordinance amending the udo Second been moved at second that we adopt the ordinance amending the udo item clerk, please open the vote Please close the vote The motion passes six zero. Thank you very much When I move on to item 24 the united development ordinance text amendment omdibus changes 13 Um, I'll just say that this is my ninth time hearing this presentation over the years And if you've not heard previously the omdibus text amendment You really haven't enjoyed yourself fully. This is one of my favorites I want to thank mike stock for his usual diligent work And let me just say that you all have heard of woodstock I now call this item mike stock And I believe we ought to celebrate accordingly. All right. I joined mr. Quite sure how to respond Mr. Stock welcome We would like to hear the staff report, please absolutely. Michael stock with the playing department text amendment 1901 consists of Technical revisions and minor policy changes to various provisions of the unified development ordinance Amendments are identified as necessary corrections clarifications reorganization or other minor changes to clarify the intent of the regulations or codify interpretations regulations or reflect for mentioned minor policy changes Some of which are not solely technical in nature Additional amendments are proposed specific to a number of udo provisions including comprehensive plan and evaluation assessment report or the ear Limited agricultural permits and domestic chickens Um sedimentation rows and control regulations accessory solar installations and expanded sidewalk placement Joint city county planning committee reviewed the text amendment and had no concerns The planning commission recommended approval 12 to 0 at its september 10th meeting Again as a reminder a city council will be required to take two actions First would be an action on the appropriate statement of consistency found in attachment a and the second would be the action On the ordinance amendment itself attachment b again. Thank you. I'll be happy to answer any question. Thank you very much Um, you have heard the report from staff.  I'll try to be less nervous this time around ellen plus seven zero six east forestills boulevard Thank you for this opportunity to speak I'm interested in addressing three different sections of the text amendment Specifically part one section three point two point five dealing with the notice and public hearings Durham likes to state that it is committed to equitable engagement Well equitable engagement begins with successful notification The sparse notification requirements written into omnibus 13 do not adequately support equitable engagement And therefore are not in the best interest of the community Dermites cannot engage where they are not successfully notified Email notification is not sufficiently adequate as it fails to reach anyone who has not signed up in advance with the city's notification system Or anyone who lacks consistent. Sorry. I'm out of breath and I don't know why Lacks consistent and reliable internet access for whatever reason Publishing notices in the newspaper of counsel's choice is also not adequate as a great number of duramites do not read that same paper Equitable forms of notification are those which are most readily accessed And which notably we're missing from the EHC process Those include mailed paper notices sent to impacted property owners And large signs posted in publicly affected areas for the benefit of all passers-by Successful notification is not just notification that is convenient to the planning department or some other version of What is the minimum the state might let us get away with? If we actually are a city for all That is dedicated to equitable engagement Then we must commit to successful notification The sparse notification standard of omnibus 13 does not adequately support equitable engagement The next section is section 17.3 the defined terms With respect to the definition of density Please do not accept the proposed definition as it appears in omnibus 13 Instead, please develop a definition in which accessory dwelling units Which fulfill the definition of dwelling unit are included in density In other words an adu if it is being used as a dwelling unit should count toward density As it is written adus will not count toward density And no one has been able to defend why that is an appropriate method to proceed with us Please explain clearly the logic why a necessary dwelling unit operating as a dwelling unit does not count toward density What is the rationale for creating a parallel class of housing comprised of fully functional dwelling units that essentially become invisible on paper when it comes to density How does creating this invisible class of stealth housing benefit our neighborhoods our straining infrastructure and the accuracy of our growth and density related data The last issue I wish to touch on real quickly very quickly Is the suspension of the udo rules for the planning director? I'm hoping miss kessler might follow up on that. Thank you Thank you miss plus Miss kessler welcome. Please give us your name and address. You have three minutes Good evening. My name is Mimi kessler. I live at 1418 woodland drive in durham and I do want to talk about the item number 1.11 In the text amendment My basic problem with this is I don't understand why it's necessary And my further comments have nothing to do with the incumbent in the planning director Position mr. Young has nothing to do with him What what makes the planning director qualified to suspend the udo? What qualifications does that person have? That an elected official does not have What criteria constitutes an emergency? Some people have told me it's things like there's a natural disaster And that there have to be FEMA trailers parked someplace that ordinarily the udo wouldn't allow Perhaps there's some sort of martial law situation There's no criteria for removing the emergency situation either And there's no reference to consultations with elected officials I would like to know why the paragraph is necessary And I would much prefer that this decision is made by an elected official as opposed to staff Thank you very much. Thank you Thank you, miss kessler Is there anyone else that would like to be heard on this item? This is a public hearing item Is there anyone else that would like to be heard? All right. Thank you We will now hear if there are any questions or comments by members from the council members of the council sure Councilmember reese we have staff respond to the concerns that were raised by the residents just now Mr. Mayor would that be okay? I'm sorry. Yes, that would absolutely be okay. Mr. Stock. Could you please? Comment Resuant to mr. Reese's questions on those three items. Absolutely. Uh, so the first one talks about notice and public hearings particularly for udo text amendments the current practice is publication in the Uh, newspaper that is required by state law and we maintain that practice The other requirement that we have in the udo is beyond state law or in addition to state law, which is Email notification Originally just to give a little history about that before the udo there was a policy of of neighborhood notification with public hearings Zoning amendments and other such That was codified when the udo was adopted in 2000 well became effective in 2006 and then about a I guess a year or so ago We took a look at that current process where the neighborhood notification was limited to a certain range and we felt that We were starting to hear a lot more concerns that certain neighborhoods or persons that were Registered with the planning department work any notification on certain cases because they were just beyond that notification range Whether it was 300 or 600 feet But maybe a neighbor a neighbor of theirs did get notification or a certain Neighborhood didn't get notification because they were just beyond a notification range so We had brought the idea to jccpc and eventually through a text amendment through city council To basically open it up to anybody who wanted to be registered With the planning department to get at least once a month, although our notices go out twice a month For all public hearings that are going on with links to those cases And as far as i'm aware we have a larger list for That public service notification than we did for the limited neighborhood notification registration that we had prior to that So that's to answer that first question The second one with ad use Historically the interpretation has always been that ad use have never been counted towards density calculations Density calculations tend to prohibit the use of ad use And actually we made that explicit with the adoption of the expanding housing choices Um text amendment within the ad use section that it would not be explicitly Counted towards density And this is just a follow-up technical adjustment to the definition of density to make that clear also Um, and then I think pat you wanted to address the suspension of rules issue Yeah So good evening pat, you know again with the planning department the provision that miss plus mentioned briefly and miss kessler spoke to 1.11 um is intended to um ensure that we as a community and I as the administrative Representative are allowed with consultation for the administration and the mayor My understanding is it would require might be only this the the mayor's authorization So again, this wouldn't be something that the planning director myself or any subsequent director would do independently But if there is a federal or state emergency declared And a federal or state entity wants to come in and say put an emergency housing Because there was a widespread damage or destruction to housing that There was a means or method For me to authorize the suspension of of those rules for that housing to be installed Currently, there's not in our we we've been fortunate here in Durham that we haven't had a that kind of widespread Disaster, but I think we were concerned With several disasters over the last couple years that if there were to be a federal or state entity that with the administration and the mayor's blessing wanted to put in some kind of housing or do some kind of other repairs or Development that they wouldn't have to strictly adhere to the udo if the declaration identified that as a as a need If that makes sense So there's no independent authority for the myself or any subsequent director to enact utilize those provisions without an federal or state emergency declaration And approval from the administration and from the elected officials You agree with that mr. Stock You agree with that interpretation I agree. I would never Contradict my my boss in that manner But but he is but he is correct you declaration emergency is is based upon city and county codes And it would only be that that provision would only be instituted based upon a declaration emergency based upon those codes. Thank you Just what I didn't mean did you disagree with him? I meant he asked if you He asked for your Help there, and I'm just making sure you're giving it I couldn't remember the specific role of the the mayor in this but mike as as ever has reminded me that that's embedded in city code And so that's where that comes from. Thank you All right, mr. Mayor, uh council member race. I just speak to that real quickly It's my understanding that The authority that would be vested in the planning director pursuant to this amendment Applies only to a situation in which the mayor and or the chair the county commissioner has declared A state of emergency pursuant to city to the city the relevant city ordinance The relevant city ordinance has a reference to state statute which lists the various categories of reasons why an emergency declaration might be appropriate Um, uh, miss plus and um, you can find that at north carillon general statutes 166 a dash 19.3 It's the definition section of the north carolina emergency management act And um The i'm just asked the city attorney kind of how That would work on the back end that was one of the one of the folks that spoke believes was kessler who asked um, if the if the UDO this ordinance gives the the planning director the authority to suspend any portion of the ordinance or to cease enforcement any portion of the ordinance And that authorization is that authority to do so is triggered by the declaration of emergency um What happens if the mayor and or the the chair of the county commission Determines that the emergency is no longer an effective revokes through declaration What happens to the to the planning director's authority under that situation? I was I am speculating councilman reese and I would have to research it specifically, but I was I would suspect If the emergency declaration has been rescinded That we would go back to the prior state of affairs And person would want some I'm sure some kind of orderly wind down of like if we had some temporary housing built in a place That's correct allow for that we'd have to wind it down, right? and I'll also just say as a comment not as a question to the folks who raised this concern that this is obviously a very valid issue that you've raised And it takes some digging into the city the city ordinances To find reference to the state law that has a list of all the categories of things that would be a valid emergency And but what I'll also say is that the the question you raise I think it begs the question What if we had a rogue Planning director who decided they didn't like the udo and wanted to do differently Well, the the the scenario the the turn of events that would allow That kind of planning director to exert that kind of authority is extremely limited To the very narrow category of emergencies that are listed here and also a subset of those in which The mayor or the chair of the county commission decided to issue a declaration of emergency and would only persist so long as that authorizing person By virtue of their position on either of those boards Were to allow the emergency declaration to remain in place and not rescind it And if we were in a situation in which a planning director persisted In not enforcing the ordinance or deciding to do whatever the heck she or he wanted to do There is a chain of accountability in the city that ultimately Runs up to elected officials to make sure that that did not persist And so very valid concern incredibly valid concern, especially as it relates to the Enforcement of really important rules and regulations in the city. I just wanted to know that we take that very seriously. I appreciate that No, miss kessler. I'm sorry Is there anyone else that has any comments or questions any members of the council? Mr Thank you, mr. Mayor with respect to The equitable notification, which is something that that resonates with me deeply I This is my second time looking at the hearing the omnibus presentation I and and I'm sure I'll be corrected if I'm wrong. I don't see the the the listing Of of ways to notify residents or citizens as exhaustive Um, in other words, it doesn't preclude us from doing other things as well that we might find necessary And the codifying our minimal targets or what we do Does it mean that we can't do other things to to notify folk In in the in between times in the meantime So I resonate and I hear that all the time about uh, how folk, you know Didn't know and don't hear um, and I think that um I think that we have Approving this these omnibus changes does not lock us or or preclude us from doing those things Above and beyond what's codified here enlisted at least that's my my reading. This is not And uh, the city attorney can speak to that if if I'm wrong about that, but I think we need to always be vigilant about Exhausting all the ways all the the tools that we have To notify people to be as creative and as as exhaustive and as a diligent about Notifying folk When something's going on in their neighborhood or in their community So I just wanted to to put that out there that I don't see this list Preventing me from doing other things or calling for other things to be done to notify folk. Uh, that's it for me. Mr. Mayor Thank you, council member Any other comments council member freeman just on the accessory dwelling unit I think I missed something in the comments that miss plus was making because I'm I just want to make sure I'm clear that we're not talking about the the coop as accessory dwelling unit for the chickens versus accessory dwelling unit for the Person and I just want to make sure that I'm catching what you're saying if you could just come back up and say the part the small part that you said about uh, defined terms Being invisible on paper or something Because I'd want the coops to be invisible on paper They're not units that people live in but I wouldn't want the units that people live in to be invisible on paper Correct. Yeah, and and forgive me if I got loose in my speech I was referring specifically to section 3.2.5. So we are dealing with accessory dwelling units In this case that are probably not coops I was specifying accessory dwelling units that are being used as dwelling units One could foresee that an ad you might be built for like an art studio Or some other purpose at woodshop, you know something where you've built the structure, but no one is residing within the structure Um, but in a case where we do have somebody residing in a structure and using it as a as a dwelling unit And it meets all the definitions of dwelling unit, which I believe occurs in that section 3.2.5 Why is it not counting toward density and I I hear that historically there's an argument that It hasn't been but that's again. I'm getting at why are we not? It's not well, we've never done it before but What is the rationale behind having that then become invisible when we're talking about density in Durham? Sorry, did that answer? I think so, but it's not section 3.2.5. That's oh But uh, but if staff could help me out here, I'm just trying to make sure I'm clear We are counting the dwelling units that people live in As density no for regulatory purposes. No, they are not they wouldn't they do not count as density They have not been prior to expanding housing choices They was explicitly put into the regulations through expanding housing choices and this This is just a technical clarification of the definition for density that covers that plus other aspects Within the ordinance that might affect density calculations and you specify which Which section that is because it's not 3.2.5. I'm sorry. Oh, um, well the um definitions is section 17.3 defined terms. Yeah, I'm so sorry and then also noting that Now if it's not included in density for regulatory purposes How does that impact setting up a program that would provide for nonprofit organizations to increase density with accessory dwelling units wouldn't affect it at all It's a program that would exist in and of itself It actually makes it easier to do that kind of program when you don't have to worry about density Thank you Thank you, miss plus Thank you councilmember. Any other comments or questions about members of the council? I do have a couple of comments First of all, I at home I have a folder in which is the What I might have to sign In case of an emergency I also keep one at the office And I've had to sign them before and I have a lot of faith in our staff in terms of Talk to me about that getting me well prepared for it and I'm not concerned that that will be a problem. I appreciate your Thinking about it, but I I have so much faith in our staff And I know that the safeguards are completely there And feel 100 percent or I guess tonight I would feel 110 percent level of comfort On the I also appreciate the speakers raising the issues of the notifications notification and density I think that mr. Stock spoke well about the The ad use and We have we have previously discussed this While we were discussing the ehc. We were very conscious of what we were doing there and I think that This is just a recodification of that and feels very appropriate On the notification, I appreciate councilmember middleton's comments We can if there are times when we need to do more and certainly we are doing a lot more and a lot of our In a lot of the work that we're doing a lots of different kinds of notifications I would just think about what we did. Well, we have an item coming up At the end of this meeting where there was just an enormous level of notification of all sorts where that was Deemed necessary and I think that the standards that we have built in here are appropriate Okay, any other comments or questions by members of the council just one more Uh-huh So in tracking the accessory dwelling units Um in light of the ehc that would come up in a historic district. How would you note? That Specifically in I guess a case that came forward I guess would come to the board of adjustment Rather than a planning commission like how does that? Move i'm trying to wrap my mind around what it looks like to see this come forward and to assess Whether or not to support or not support because it is in a historic district Based on a lack of density or increasing density So local historic districts Focus on the design And oftentimes also placement let mass scaling and all and materials So not focusing on the use the use the use or in development of an ad u has its own Regulations in addition to what would be required under the local historic district Which would have to go to this north preservation commission And that would be tracked how that would it would be a certificate of appropriateness issued for that And it would be tracked also through building permits When they go for building permits for an accessory dwelling unit and also kept on file One last addition to that if I might pat young we uh with plan department As we promised you as part of the ehc proceedings in september We're going to come back And do a very detailed report to you all on on all of the Development that's implemented at the six month interval at councilmember mellton's recommendation. So I think that's everywhere here March Mr. Thank you Council member riz. I had something else to say Um, I think I didn't want to let the moment pass without noting that section 12.4.2 The sidewalk requirement has been changed dramatically outside the urban or outside the downtown compact neighborhood downtown tier To require new development to have sidewalks on both sides of the street Outside of freeways and expressways, of course Which I believe one of our planning commissioners commissioner baker Called a revolutionary change And our udo and something he was really excited about and I am too and with that i'm ready to move on Thank you council member riz one more The planning commissioner baker also says that this Talks about the city's goal of reducing community emissions by 30 by 2030. I'll quote him The additional walkability and sustainability provisions related to blocklanks connectivity green building and design are fundamental to achieving these outcomes It should be carried out immediately so I'm trying to remember the last time we did something immediately but Mr young Time table for considering concerns like these are all of them wrapped up in the cop plan Are there any that should be considered on an accelerated timetable? Sure, so mr. Mayor, it's a very good question as you've heard me say before I think the concerns commissioner baker and other committee planning commissioners have raised Are very valid and worth Due consideration We did exactly the kind of assessment analysis. I think you expect us to do And the only one That he and other commissioners had raised that we felt like we could take forward immediately was the one that's before you tonight that council member riz referred to About requiring sidewalks on both side of the street in the suburban tier and that is a significant enhancement I appreciate council member bakers description of it in the way he did because it is a Really a best practice and something we probably should have done a long time ago But here we are the other items he's referred to such as Much lower required block lengths like we have in our compact design districts things like required green building standards kind of have a whole host of Fiscal legal and policy issues that are complex and then involve costs and trade-offs And that really need a net more analysis and our commitment has been In remains that to do that through the comprehensive plan process Again, I think it would be either That towards the end of the comprehensive plan process in early 2022 or during the comprehensive plan process that we can accelerate Community engagement and research on on some of those independently Thank you so much Alrighty any other questions or comments on item 24? Just to say that I have also been here about six times now and I am always amazed at how Staff tries to gather all of the possibilities around how from 2005 to now that We can manage to have some some continuity in what we're approving and not approving and I still I still feel Uh tension there but around the environmental side of it, but I'm I'm confident that the staff has made every possible Push to to make sure that ensure that we have The regulations in place to support the city and how we move forward. Thank you. Thank you councilmember any other comments If not, I'm going to declare this public hearing closed and I'm going to ask that There be a motion to adopt the appropriate consistency statement almost second The move in the second that we adopt the consistency statement. Madam clerk, please open the vote Please close the vote The motion passes six zero and the motion to adopt an ordinance of many of the unified development ordinance almost second Madam clerk, please open the vote Please close the vote The motion passes six zero Thank you very much another year of mic stock is under our belts I think next year I can we have some tie dye maybe or Something like that a lot more where that came from All right, well new mount now moved item 25 zoning map map change for chalk level road And uh, we'll hear from miss sunyak. Welcome miss sunyak. Good evening Good evening. I'm jamie sunyak with the planning department Request for a zoning map change has been received from steward ink for one parcel of land Located at 1107 chalk level road totaling 12.17 acres The applicant has applied for a zoning map change from rural suburban 10 To rural suburban multifamily with an associated development plan that stipulates up to 97 townhouse units The area is designated low medium density residential on the future land use map which coincides with this zoning request key commitments include limiting the development to townhouses as the permitted building type Limiting the building height to 35 feet limiting the number of units to 97 Entrance number two will be public access and serve a maximum of 10 units A minimum of 80 of the townhouse units will have habitable square footage that will not exceed 1500 square feet and installing a bus pullout and Pad bus shelter on the south side of chalk level road adjacent to the site Additionally the applicant has agreed to construct a sidewalk within the chalk level road right of way along the frontage of PID 126012 and 126011 Prior to the issuance of the first certificate of occupancy Durham planning commission recommended approval of the proposed by a vote of 11 to 0 at their september 10th 2009 19 meeting Staff recommends That these requests are consistent with a comprehensive plan and applicable policies and ordinances Two motions are required for this application. The first is to adopt a consistency statement And the second is for the zoning ordinance. I'll be happy to answer any questions. They have thank you, miss sunyak You've heard the report from staff I'm now going to clear this public hearing open And I'm first going to ask if there are any questions by members of the council for staff Just one. Will the new text commitments be applied to this case immediately? I'm just I'm just messing It's late Like I said, nothing immediately Okay, um Mr. Mayor I just want to mention to staff how much I appreciate providing both sets of comments from the planning commissioners That was extraordinarily helpful for context thinking Thank you All right, uh, we have one person stand up to speak on this item mike tarant Mr. Tarant welcome. You have three minutes if you need more than that. We can talk about it Thank you. Uh, good evening. Mayor shul members of the city council. My name again is mike tarant. I'm with stewart Resided 46 16 paces very drive Um have been helping eagle point properties with the cases before you this evening I have mr. Keith greenwood with eagle point and some members of his team if you have any specific questions for them I'd like to thank staff for their report. I think they did a good good job summarizing Um our objectives with this project. There are just a few things I'd like to reiterate and just touch on briefly if I may We did have two neighborhood meetings for this project leading up to this point Those did result in many of the commitments that you see That were presented to you just now Including reducing the number of units from 192 to 97 and changing the The unit program from apartments for rent to townhomes for sale So part of the strategy with Minimizing or excuse me putting the cap on the 1500 square feet for the units Was to help assist with the affordability of these units by keeping the the sales price down And then the the call to sack there the connection to the neighborhood to the west Was introduced in an effort to reduce the amount of traffic going through the neighborhoods Again, these were all things we worked through with with the neighborhood to Get their consensus with this project Um The additional sidewalk that uh, miss sonyak mentioned is Between our frontage. So we were committing to construct more sidewalk than what would be required under the ordinance So that there won't be a gap in In that portion of the chalk level road As miss sonyak mentioned planning commission did approve this by unanimously 11 0 Then we feel that this project as a town home development will provide a nice transition between the apartment community to the east To the single family neighborhood to the west With those factors, we would greatly appreciate your consideration of this request and your support with it I'd be happy to answer any questions you may have Thank you, mr. Tarrant This is a public hearing. Is there anyone else here that would like to be heard on this item? Is there anyone else here that would like to be heard on this item? I'll now ask council members. Are there questions or comments for the applicant councilmember caballero Very quickly. I just wanted to thank you all for Doing a lot of engagement in that neighborhood. I know that it was different than your plan was different at first and And that can be challenging. So I appreciate the continued effort there and I also appreciate the uh From beat backs comments around the sidewalk gap that you all planning on not creating that so again, I appreciate that Thank you Any other comments or questions question, mr. Mayor Councilmember middleton and then madam mayor pro 10. Thank you, mr. Mayor. Good evening. What are the price points on the town homes? I think low low 200s Low 200s Okay, did you have any where your client had any discussions about? Um Any proffers to our fortified housing fund or to during public schools. Were there any discussions about that? We haven't made Significant efforts in in those conversations at this point given them given the change in the development program and the other commitments That we're we're making at this point Thank you, mr. Mayor. Thank you councilmember Madam mayor pro 10. Thank you, mr. Mayor. Um, I really like this project. I appreciate your commitment to keeping units as affordable as possible I want to bring up Some of the conversations that I had with the developer prior to this meeting Where the developer indicated that their initial Conception of the plan was using our affordable housing density bonus And building more units than are currently in this plan Though I do like this plan and i'm going to support it. I want to point out that I think the original plan was better and through conversations with the surrounding neighborhoods That plan was changed To have less units less density and for the units to be for sale and less affordable We are going to have to deal with Conflicts that come up with building affordable housing near existing single family Residential developments and one of the comments that we heard from the developer was that some of the residents Explicitly stated they didn't want affordable housing near them and that is why they requested for The plan to be changed Everyone in Durham is going to need to have affordable housing near them We need more affordable housing in our community. That's a fact of of growth and of how Durham is developing and so we can't We can't not build affordable housing because there are people in our community who don't want it near them We're going to have to figure out how to make affordable housing available throughout the city We have not had a lot of success with our affordable housing density bonus and I Would really have loved to see a project That used that bonus and provided some Housing that would have been affordable to people at lower income levels This is not This is a problem that happens in every community Um There are lots there's lots of revisions to building Additional housing denser housing and especially affordable housing It's something that we as a community are going to have to face and are going to have to address because we need more affordable housing in Durham And we need it to be in all of our neighborhoods not concentrated in Certain neighborhoods where people think it belongs So I just wanted to bring that up for the council to consider and also Would like our planning commissioners to think a little bit more about How we move forward With adding more affordable housing to our community and thank you again for your proposal And happy to support it. Thank you Other comments I would also like to align myself with mayor pro tem's comments and recognizing that it is a need It's important that we are looking at where Where the conversation is going At a neighborhood level, which is why I've been pushing for us to have more engagement at the neighborhood level because if we don't have the conversations People don't necessarily understand and we don't want forced You know affordable housing It's important that the that the community feels integrated into the conversation In a way that makes it makes it so that they're neighbors And I really do appreciate the process that you took and having the meetings and actually stepping down So that there isn't a tension for the new people new residents moving into these housing into this housing and In a way that we've seen in some of the other contentious Conversations, but I know that there's a process we'll have to go through to figure out how to move Forward with some of the conversations and and I mean I hear it in many communities where people say I don't want those people to live near me and it's just not acceptable And it's important to make sure that we note that for everyone in Durham that that is not going to work We have to do better and we have to figure out how to make this work at a at a neighborhood level so that everyone feels comfortable in the and Moving us forward affordably and equitably sustainably Thank you Thank you councilmember Any other comments or questions? I do have a comment I'm also going to vote for this I also appreciate the engagement with the Neighborhood we on the council as well as our planning commission often delay decisions on zoning matters To ask developers to go back and work more closely with the surrounding communities and that is very often an important step Sometimes often results in better zoning plans and decisions, but I will say in this case while the negotiations Apparently please the neighbors and the planning commissioners And I understand that the developer can live with this program The current program just fine. I also think that the negotiations well negotiates and apparently also Stop the very first use of the city's affordable housing density bonus. So I'm voting for this rezoning But I am not at all sure that is the best outcome for our community given what the options were And I hope that our planning commissioners I will urge them as Mayor pro tem johnson mentioned to think hard about these issues before sending developers and neighbors back together to negotiate What's good for one neighborhood? And this is Hard thing to hear but truth Isn't always what's best for the people of Durham as a whole And I'm worried that in this case that is what has happened That we have gotten something that's more satisfying to the neighbors that the developer can live with and can prosper from Or wouldn't be proposing this and developing it But I I think that it's This is not the best result for the city of Durham We could have had a better result and Especially if we could have used the density bonus. So This is not really directed to you at all mr. Tarrant But really more to our community to our planning commission to those of us on the council to think about how we're going to deal with these issues All right, any other comments or questions from members of the council If not, I'm going to declare this public hearing closed and the matter is now back before the council We would need a motion to adopt a consistency statement. So moved second Madam clerk, please open the vote Please close the vote The motion passes six zero We need next a motion to adopt an ordinance amending the udo So moved second it's been moved and secondly we adopt the ordinance amending the udo. Madam clerk, please open the vote Please close the vote The motion passes six zero Thank you very much. Thank you, mr. Tarrant Well, now move to item 26 f y 2020 25 consolidated plan needs public hearing and I bet you miss conures is here Miss conures welcome I don't have a I've heard you just as many times of mr. Stock but i'm i'm still working on a name Good to see you It's good to be seen. Um, good evening mayor schule and members of council wilma conures department of community development This is a public hearing to receive citizen comments on community development block grant known as cdbg Home investment partnership known as home emergency solutions grant known as esg and housing opportunities for persons with aids known as hopla How funds can be used over the next five years to address housing and community development needs in Durham Notice of this meeting was properly advertised in the herald sun K pasta newspaper and the carolina times as a recipient of cdbg Home esg and hopla funds The city is required to hold at least two public hearings prior to the submission of the consolidated plan an annual action plan We anticipate the second public hearing will take place in march or april of 2020 In addition the city is required To publish a copy of the draft consolidated plan annual action plan At least 30 days prior to submission to hud The five-year consolidated plan an annual action plan Must be submitted to the department of housing and community housing and urban development By may 15th or as applicable to hud HUD has not yet announced The fy 20 21 entitlement out allocations However for planning purposes We expect to receive 1.9 million in cdbg funds 1 million in home funds 160 000 in esg funds And 429 000 in hopla funds A summary of these comments from this public hearing will be Incorporated into the consolidated plan slash annual action plan No action is required by council to receive public comments on the needs public hearing. Thank you. Thank you miss conures You've heard the report from staff. I'm going to now declare this public hearing open Um, is there anyone here to speak on this item? miss peterson Welcome. You have three minutes I think this is a good time for the city and miss freeman you're In my ward, she's in charge of my ward even though i'm speaking to all of the city council persons This is a Good time to really look at to see how these dollars are going to be used I'm miss freeman Since the city has signed off on this 95 million dollar bond This is a good time to try to work these federal dollars With this bond that's also has been approved Because we're speaking about two separate Two separate dollars And here's an opportunity Person speak about making sure that the young men are being trained Whoever is going to be getting the monies for their various projects We need to make sure that they are going to be hiring our local men and women Uh to help them to get employment Whatever these projects and I will get I would like to get a copy of this to be able to go back over to see Exactly how the monies are going to be used I think in the past The city will allow organizations non-profits to put in applications for these funds I'm not sure I don't have it here in front of me How that is going to be done this time But I'm glad I hope the city council will sign off on it But we've got to have some folks who are really going to manage and oversee these dollars To make sure somehow That they are going to be able to work with that 95 million because now remember now Folks we're out here on this campaign trail Stated about how this 95 million dollars is going to be used We're going to hold this council Accountable on how those dollars are going to be used and any other dollars Here in the city because the city as I've stated before has about 42 million sitting in their reserve We need to get some of that pastor Milton for job training Get some of that monies Open up a good training program in the Holton school And when this city starts remodeling the housing And the senior citizens we will have young men and women who are ready being trained In carpentry and construction Stop waiting for these companies to do it We have the money this city has the money Mr. Shuler You're the mayor you're in charge You are the visionary for this community also you've got to step up to the plate Put the five million dollars out there Bring in a individual Several that can run a construction program over in our Holton school and let's get with it Let's stop dragging our feet Trying to figure out what to do We have plenty of people pastor Milton. He's a minister in this community He knows other ministers That could come to the table and help this city address this serious problem that we have Had with our young folks Caught up in this system and these dollars that's the purpose of these dollars coming in from the federal government To make sure that our local people are getting employment And we're helping the needs of the community Thank you, miss Peterson Anyone else like to be heard on this item? If not, I'm going to declare this public hearing closed. I don't I don't believe any action is necessary. Is that correct miss conures? Thank you so much When I moved to item 27 There's also a public hearing item the urban avenue street closing and development agreement Good evening pat yin with the planning department with me tonight are representatives from the general services department Gina probes stacey poston and matt filter as along with emily struthers Um, this item before you as the mayor indicated is a street closing request and an associated Development agreement the property at 949 washington street Um, the brain specialty company building There's a proposal to redevelopment of property that requires Both of these actions to proceed forward However, this afternoon we received notification from the Applicant that there was a change to the Um required easement which would involve a change in both the development agreement and the Street closing plat which necessitates Continuance or or some other deferral of this item staff is recommending a continuance to the december 16th I have that date correct Hearing what two cycles hands All right to consider this item and we'll be happy to take any questions Thank you. We would ask if you choose to take that recommendation that you open the open the public hearing Okay, thank you. You have heard the report from staff. I'm going to clear this public hearing open And without objection, we will continue this public hearing until december the 16th. Thank you Thank you. Mr. Beiker. Thank you all for being here. We'll now move to item 33 Madam, uh, mrs. Peterson. Uh, welcome. You have three minutes Mr. Mayor, can you please uh, tell me, um, mr. Miss Peterson your time has started already. Uh, madam clerk. Thank you. Miss Peterson. Go ahead. Yes Can you please tell me who's going to be in charge of this group here? When are they going to have their meetings miss Peterson? If you will go ahead and make all of your comments and you have any questions And if I do think there are ones that we can and should answer I will all right Uh, I would like to know who's in charge. Um, when are they having their meetings? And do you know about how many meetings they have had already? Uh, it looks like when I look on this, can you please tell me what o f means? Uh, I'm assuming bf must mean um Black female We are actually african americans females.  Mr. Mayor also I think the organization needs to be a little bit more racially diverse I don't from this I really don't see any whites on this Organization. I don't see any african american males um That's going to be part of this organization. I know we want to reach out to the hispanic community But I think we're going to send a bad message If we're trying to tell other folks they are not welcome part of this organization So they don't have to be i'm assuming Um, mr. Schuler that they don't have to be a member Of this organization, but it would be nice to know when this organization is going to be meeting Uh, also to get a copy of the bylaws And also those persons who are going to be in leadership Of the organization You've got to make sure that they really are citizens and that they are also naturalized Because that's going to be very very important And the reason why is because we do not want to send A wrong message in this community that it's okay to be part of a whole lot of stuff And they are not legal even though we want to help a lot of people and I understand that because i'm a christian And I understand that people are coming here from other countries in serious In serious conditions, but we've got to make sure that if they're going to be part of these organizations and they're going to be in leadership And that's what i'm speaking here those persons that are going to be in leadership We've got to make sure if we can if we can that they are US citizens and that they are also naturalized Thank you, mr. Mayor Thank you, mr. Peterson Ms. Peterson, I'll go ahead and take your seat and then I'll have a couple comments Okay, so I hope that that you will be mr. Peterson if you'll take your seat. I have some comments Let me just tell you my first comment. Let's make this Absolutely crystal clear grace grace everybody is welcome in Durham Regardless of their documentation status And that includes they are welcome on all of our city boards and commissions And we have an explicit process By which people who do not want to reveal their documentation status Are not required to do so. We would never require that We are not going to require that for this commission or any other commission and I hope I make myself crystal clear To answer some of your questions There are bylaws are there bylaws already for this group madam clerk Those are public and parts of public document if you would like to Copy of those bylaws you can go by the clerk's office and yet they can be provided to you The The meetings will be noticed in the way that all of our Commission and board meetings are noticed if you will just look at the county of the city clerk's page You will be able to find that Um the The designations that you asked about o f means other female meanings. They're Not either Hispanic black or white they identified themselves that way Hlm means Hispanic or Latino male or female. I believe that answers all your questions There being no other information. There being no other items to come before this body I'm going to declare this mayor. I'll move the appointments on item I'm sorry. Thank you. Is there a motion for the appointments? I made it. Thank you. Is there a second? Mr. Mayor, yes, if I might just of course, I just want to make sure that it's clear I know from the work session that there were some changes in the votes and I think we did head nods rather than Hand raises a roll call and I just want to make sure that the clerk has noted All of that in the meeting minutes or whatever you I also want to note that it does raise concern to have a full Committee under the mayor Where there is only Hispanic and black and so I just want to make sure that we're noting that that is the case Based on equitable Or racial equity in in a stance that this is a people of color kind of thing and it's important to note that That's a positive not a negative Thank you, madam Council member We have a motion on the floor to approve these appointments. It's been seconded madam clerk. We'd please open the vote Please close the vote The motion passes six zero Thank you. It wasn't my smooth this meeting, but I will now say There being no other items to come before this body. We are adjourned at 10 55