Just months after Durham updated its comprehensive plan to limit sprawl and focus on infill development, the city council will vote tonight on whether to breach its Urban Growth Boundary and annex land currently in Orange County.
A proposal from Raleigh developer M/I Homes seeks to annex 15 parcels totaling 168 acres between Erwin Road and Mount Moriah Road, straddling the Durham-Orange county line. If approved, it would bring up to 1,000 new housing units—a mix of apartments, townhouses, and single-family homes—to an area that’s currently outside Durham’s Urban Growth Boundary, or UGB, which sets limits on where the city extends development and utilities.
The Durham Planning Commission recommended the city council deny the development, dubbed Moriah Ridge, in a 6-2 vote in December.
The proposal is also drawing opposition from residents. A sign urging “Say NO” to the annexation recently appeared at the intersection of Erwin and Mount Moriah roads, and two petitions are circulating: one opposing the UGB expansion that had gathered 379 signatures by 4 p.m. on Monday, and another with 253 signatures requesting a delay of today’s vote due to the excused absences of council members Chelsea Cook and DeDreana Freeman, who often side with residents opposing new developments.
Barring any changes to Cook and Freeman’s planned absences, the vote will proceed with five of seven council members present.
The proposal’s journey to Durham began after Orange Water And Sewer Authority (OWASA) notified developers in 2022 that it was unfeasible to extend its utilities because the project resides across the I-40 highway. A 2022 state law allows property owners to petition neighboring jurisdictions when denied utility access.
Durham and Chapel Hill’s handling of the proposal has differed. Chapel Hill conducted a two-hour public hearing in April 2023, after which its town council passed a resolution to allow the City of Durham to annex the property, with specific development requests like environmental protections, greenway connections, and building out the network of sidewalks. In contrast, when a related resolution came before Durham city council at an October 2023 work session, it was presented as a priority item by the deputy city attorney and approved with minimal discussion.
The development would include:
The proposal comes before council not long after the city completed an extensive community engagement process to update its comprehensive plan, which emphasized containing growth within the existing UGB while preserving rural character outside it.
Planning commissioner Matt Kopac cited this conflict in his written comments opposing the proposal. While Kopac noted that the project includes many positive elements—writing that it offers an “increase in housing, mixed housing types, affordable housing (in a part of the County that is harder to find), bike/ped infrastructure, walkable access to amenities, and protection of environmentally sensitive lands”—he said he voted no primarily because of the project’s location outside of the UGB.
The vote also follows recent public comments from council members about maintaining the UGB. At a May city-county planning commission meeting, council member Javiera Caballero and Mayor Leonardo Williams endorsed prioritizing density within the UGB while preserving the rural and natural character of areas outside it. And during a November council meeting, Mayor Pro Tem Mark-Anthony Middleton said that because of his “attempts to keep fidelity with our Urban Growth Boundary,” he places “a higher premium” on infill development projects.
Last month, the city council unanimously approved a project in East Durham proposing a mix of 1,880 units, almost twice as many as Moriah Ridge, on 95 acres of land. During the meeting, Middleton said he was “pleased that it’s within our urban footprint” and that keeping fidelity with the UGB would require “tough decisions” about development within the boundary.
Moriah Ridge would be located near the New Hope Creek corridor. While the developer has committed to leaving much of the eastern portion undisturbed, several planning commissioners expressed concerns in their written comments about environmental impacts.
“The ‘Protecting Sensitive Land’ section of the Comp Plan has multiple policies that apply to this project,” Durham Planning Commission member Kari Wouk wrote. “This property has floodplain, wildlife habitat, unique plant communities and natural heritage areas in the New Hope Corridor Wildlife Protection Area.”
If approved, the annexation would create what city planning staff call four city limit “holes”—separate parcels of county land containing existing homes and properties that would be completely surrounded by city land. Staff have noted that this configuration conflicts with Durham’s annexation policies.
Despite these concerns, the project could bring financial benefits to Durham. A fiscal impact analysis projects the development would generate about $10.5 million in revenue for Durham’s General Fund, largely from new sales tax, versus $660,046 in expenditures in the same timeframe.
Planning staff found the proposal consistent with several comprehensive plan policies around mixed residential neighborhoods, noting that it would provide multiple housing types and prices while committing to public infrastructure improvements including pedestrian and bicycle facilities.
Support independent local journalism. Join the INDY Press Club to help us keep fearless watchdog reporting and essential arts and culture coverage viable in the Triangle.
Follow Reporter Justin Laidlaw on X or send an email to jlaidlaw@indyweek.com. Follow Staff Writer Lena Geller on X or send an email to lgeller@indyweek.com. Comment on this story at backtalk@indyweek.com