Reading rule: This page separates what the records establish, what officials later stated, and what remains to be obtained. It does not treat an inference as a fact.
The plan annotation
The 2019 Revised Preliminary Development Plan contains a small annotation at the Durham Farms entrance: “Funding for Drakes Creek Road off-site improvements to be used at intersection (Exhibit 1).” The same sheet identifies Exhibit 1 as the on-site public road improvements and depicts a conceptual entrance roundabout.
What Ordinance 2019-16 added
The official staff packet for project 19-022-001 says staff requested major improvements as part of approval. The first was a large contribution toward a proposed roundabout connecting Drakes Creek Road, Anderson Lane, Countryside Drive, and Avant Road.
| Proposed total | $677,650 toward the intersection |
|---|---|
| New permits | Approximately $550,000 attributed to a per-permit assessment over 223 lots/units |
| Added units | $27,750 from an additional $250 assessment on 111 units |
| Existing obligation | $99,900 from the continuing $900-per-unit contribution on those 111 units |
The Planning Commission recommended approval on April 2, 2019. BOMA approved Ordinance 2019-16 on May 14, 2019.
The funding obligation appears to begin in 2013
At the January 14, 2025 BOMA meeting, the city attorney said the controlling language came from Ordinance 2013-43 and the associated Final Development Plan. He described a per-household contribution for off-site improvements and stated that there was no separate contract; the requirement appeared as a sentence on the approved development plan.
What city officials said about the reserve
In January 2025, city officials said the contributions were held in a tracked reserve, restricted to improvements on Drakes Creek Road near the Durham Farms entrance and potentially Drakes Creek widening. Officials also said some of the money had already been used.
The Public Works Director described approximately $600,000 in the appropriated Drakes Creek Road Improvement reserve, excluding collected developer fees not yet appropriated. The mayor described the combined amount as approximately $850,000–$900,000 at that time.
On January 28, 2025, the city clarified that these funds were for off-site improvements and not ordinary paving or continuing maintenance inside Durham Farms.
Do not combine separate funding streams
City minutes also describe a separate $650,000 city appropriation made in 2020 for the roundabout and other Drakes Creek-area improvements. The record currently available does not justify treating that appropriation as identical to the developer contributions.
Documents still needed
- Ordinance 2013-43 and its complete legislative packet.
- The stamped Final Development Plan incorporated into that ordinance.
- Every revision of “Drakes Creek Road Entrance Exhibit,” including all options.
- The complete project 19-022-001 submission and review file.
- The developer-fee ledger, expenditures, interest treatment, and current reserve balance.
- Correspondence among the city, WFC Durham Holdings VII, Freehold Communities, Gresham Smith, and HDLA concerning the entrance.
Correction policy: send contrary documents or a more legible stamped plan to Info@DrakesCreekRoundabout.com. The record should change when the evidence changes.