Annexation request stirs new flap in E. Durham

Hearing on 'Sierra' will be on Monday

Eastern Durham County intends to be heard by the Durham City Council Monday night.

"Oh, heck yes," said Tina Motley-Pearson.

Motley-Pearson lives in a still-rural part of Durham County. She's two miles from the city limits, but in her neighborhood suburbs are coming fast and near.

Those developments have, in recent weeks, galvanized Motley-Pearson and some of her neighbors to organize and oppose the pace and character of subdivision development.

Next issue up is "Sierra" -- a 1,200-unit project on 472 acres off Leesville Road. Monday, the council considers its annexation.

"I'm against it," said Ronald Peele of Doc Nichols Road, whose property adjoins the land proposed for annexation.

Peele said having the city next to him would only raise his taxes. His neighbor, 40-year resident Ralph Crossman feels the same.

"My concern was," he said, "not only an increase in property taxes, but also if they run water lines in front of my house, I'd have to pay and the total would be more than I paid for the property."

When county land is annexed by a city, the landowner receives city services such as police protection and trash collection. But the land also becomes subject to city as well as county property taxes -- and the owner's property tax bill rises sharply, often doubling. Nearby property owners often see their valuations go up, raising their taxes too.

Neither Peele nor Crossman has joined the vocal opposition to development, and some of those who have report a sense of resignation.

"Sort of 'What good would it do to fight it?' " said Sue Harris of Bandock Road. "And general apathy."

Judy Riggins, who moved to the area just four years ago, is not so discouraged. "We love it out here," she said. "We're hoping that we can protect it."

Still, protesting the annexation may be a case of shutting the barn after the horse is gone.

"At this point," said city/county planning director Steve Medlin, "the only thing the developer [MacGregor Development of Cary] is actually requesting is annexation. ... The land-use decision has already been rendered by the county."

What is now called "Sierra" has gone and still goes by various names, among them "Doc Nichols," "Sierra," "Somerset" and "Sauternes." That complicates following the project through Durham's lengthy approval process, Medlin said, but here is what has happened, in essence.

Two years ago, Durham County commissioners approved a zoning change to permit a 1,200-unit subdivision on 422.6 acres in eastern Durham County.

In January, the commissioners approved a major site plan for 499 units on 176 of those acres. In March, the Durham City Council agreed to extend water and sewer service to the subdivision.

MacGregor requested annexation of its property, and the City Council voted May 19 to hold a public hearing at its June 2 meeting. With the annexation, the council must decide whether to accept the county's existing zoning there.

The planning department notified landowners near Sierra about the hearing early last week. Many of them, already actively opposing MacGregor's "Egypt" project adjacent to Sierra, plunged into action on a new front.

"I understand their sensitivity to the issues out there," Medlin said. "But they're new to the process."

It didn't help that the notice included information on protest petitions, which make rezoning approval very difficult.

"My husband and I ... went door to door," said Motley-Pearson. "Everybody signed it -- we walked until 10 o'clock Sunday night."

But then their petition turned out to be invalid. State and city ordinances specifically exempt the initial zoning on newly annexed property from protest petitions. Medlin said the hearing notices were misleading by mistake.

"It was an error," he said. "I take responsibility."

Motley-Pearson was not amused.

"It's not like this is the most fun thing I've ever done," she said. "If I had known Sierra was going to be annexed a while ago, I would have fought."