NC House approves de-annexation in Summerfield, paving way for Villages of Summerfield Farms development (2024)

SUMMERFIELD, N.C. (WGHP) — The North Carolina House of Representatives has passed a bill to de-annex hundreds of acres of land in Summerfield as a local developer seeks to bypass the Summerfield Town Council and create a new development.

On Thursday, the N.C. House voted 72-38 to pass House Bill 909 on its third reading, which includes the Summerfield de-annexation in addition to other de-annexations and local law changes across the state. The North Carolina Senate voted to approve House Bill 909 on June 24. The land will officially be de-annexed effective June 30.

The de-annexation potentially opens the door for Blue Ridge Companies CEO David Couch to pursue the creation of The Villages of Summerfield Farms, a large development that ignited fierce opposition from many Summerfield residents. This development has been part of Couch’s vision for close to 10 years.

After a long debate amongst representatives on Wednesday, state Rep. Pricey Harrison (D-Guilford) was the sole speaker on Thursday.

“I just think this is really wrong of the legislature to reach in and take the center of Summerfield out of the town,” Harrison said. “It will destroy the town. We can’t do this to the citizens of Summerfield, and we shouldn’t do it, and, if we do do it, it is establishing a terrible precedent.”

What happens next?

Once the de-annexation goes into effect, Guilford County will oversee the land. Couch will have to submit a proposal to Guilford County to move forward with the development. It will have to be approved by the planning and zoning board and a final vote from Guilford County Commissioners before he can begin construction.

Guilford County Commission Chair Skip Alston says he is in favor of the proposal as it is right now and hopes they can come to an agreement to bring much-needed housing to the county.

A spokesperson for Couch says we can expect new details on the plan after Independence Day.

What is de-annexation?

State legislators have the power to file bills to de-annex land. If passed by the General Assembly, the land is removed from the governance of the municipality in which it’s located. During the 2021/2022 legislative session, there were only 20 de-annexations across the state, with two of them in Guilford County.

The landowner does not need to get the permission of the governing municipality to start the conversation with lawmakers.

In the case of Couch’s property, this meant convincing the state legislature to remove the land from the Town of Summerfield and place it under the governance of Guilford County.

“Whether it’s someone whose district encompasses the municipality, they will introduce a bill. It will go through the normal process,” said Jim Joyce, professor of public law at the UNC School of Government.

Following de-annexation, the town no longer has the authority to intervene and would no longer collect property taxes on any development on the land.

Instead, the land becomes subject to county development standards.The county planning department would embark on a 60-day due diligence period where they zone the land.The process is similar to when a landowner applies for their property to be rezoned with a public hearing.

About Villages of Summerfield Farms

Couch owns Summerfield Farms, which is a working farm as well as an event venue, and a total of 973 acres of land in the Town of Summerfield. He hopes to transform the land into a mixed-use development, including new homes, apartments and townhomes.

Couch’s vision for The Villages of Summerfield Farms, which he has been discussing for several years, would transform the land into 11 villages connected by streets and walking trails. There would be other commercial opportunities, a grocery store and several restaurants.

“I am confident I am doing the right thing, and I am confident that our area needs a diversity in housing, and I’m confident our area needs availability and affordability,” Couch said.

Villages of Summerfield Farms would be Couch’s first development of this magnitude, which is why he said he hired a world-class team to help design and bring his vision of six years to reality.

Those opposed to the development want to keep the rural charm of Summerfield and don’t want 20-plus years of construction happening in their town.

People in favor were open to the change and said they appreciated the work the developer had put in to make the development fit the town’s needs.

Battle with town leaders

The Summerfield Planning Board gave Couch initial approval on Jan. 26, 2023, but the plan hit a roadblock when the Summerfield Town Council voted against creating a new zoning district for Couch’s development during a meeting at First Baptist Church on Feb. 21, 2023.

Couch’s team called for the Summerfield Town Council to pass a possible text amendment to add a new Open Space Mixed-Use-Village zoning district, which would allow Couch to create his development. The council ultimately voted 4-1 to deny the amendment on the grounds that “the request is not consistent with the town’s adopted Comprehensive Plan.”

In the wake of this decision, the council caught wind of possible de-annexation talks and, on March 4, 2023, held an emergency meeting to discuss the possibility, the implications for the town and what they could do to stop it if it happens.

Since catching wind of the plan, members of the Summerfield Town Council have been speaking out.

“This is going to have some very negative impact for Summerfield, and it sets a precedent throughout the whole state,” Summerfield Councilmember Heath Clay said.

The council, on March 14, 2023, approved a resolution opposing any type of significant de-annexation in the town, particularly the property owned by David Couch and related to the Villages at Summerfield Farms property.

“This resolution is just reconfirming our desire to fight the annexation. We do not want the 973 plus acres … to be ripped out of the heart of Summerfield,” Summerfield Mayor Pro Tem Lynne Williams DeVaney said.

Battle reaches Raleigh

Sure enough, Couch turned to state Sen. Phil Berger (R-Rockingham), the state senate president pro tem.

“I came to the conclusion that the town of Summerfield made some decisions with reference to zoning that was very exclusionary in terms of some of the things that we need in Guilford County,” Berger said.

According to records from the North Carolina State Board of Elections, Couch has donated more than $11,000 to Senator Berger’s campaign in 2021 and 2022, leaving the people of Summerfield feeling like it’s an unfair fight at the state level.

“It sets a precedent that town councils don’t matter, there is no reason for developers to negotiate, there is no reason for developers to work with the towns. This is just another way to kind of beat the system and get exactly what you want,” said Justin Wraight, who lives in Summerfield.

The proposed Summerfield de-annexation was attached to House Bill 5, and, with de-annexation appearing imminent, the Summerfield Town Council held an emergency meeting on Sept. 18, 2023. After an hour-long closed-session meeting, the Summerfield Town Council passed three resolutions of good faith in negotiating with Couch.

In the resolutions, the town agreed to reconsider Couch’s text amendment regarding how many apartments he could build, advocate for the water system in the town that relies on well water and direct a scenic coordinator to watch over Couch’s project.

Summerfield Mayor Tim Sessoms said the apparent change of heart was due to the pressure of House Bill 5.

“We’re under a great deal of pressure from the North Carolina General Assembly,” Sessoms said. “Anytime you have to look at a de-annexation the size of 973 acres in your town, it would be the largest de-annexation in the state of North Carolina. It’s never been done before. It’s a very serious matter.”

The town and Couch had tried to come to an agreement late last year, but Couch’s lawyer Tom Terrell said the town would not rezone the property. De-annexation, Terrell said, was the only remaining option.

“The town of Summerfield only made a change to the Unified Development Ordinance. It did not rezone Mr. Couch’s property. In other words, Mr. Couch today can only do agriculture or single-family homes on large lots allowed in an agricultural zoning district. They ran against everything that Mr. Couch has proposed. It is therefore fruitless to file any application to his own property to create rights that have yet to be created for Mr. Couch,” Terrell said.