The Durham Planning Commission unanimously said "no" to changing Jordan Lake's critical watershed boundaries Tuesday night. The shift could have eventually opened up new development along the lake and Hwy 751.

"We can't just choose something out of the hat," said Commissioner Linda Smith.

The former property owner commissioned a survey that showed a different 1-mile critical area around the lake than the County's old maps. In 2006, the former planning director decided that the new survey provided better information about normal pool location. That would allow a change to the one mile critical area boundary as well as the land use designation of the Future Land Use Map. But a legal opinion last year suggested the Planning Director's interpretation was invalid; that he did not secure approval of the Division of Water Quality.

Yet that department eventually approved the map change earlier this year.

"Prior to purchasing this property, Southern Durham Development relied on good faith that the Planning Department's official interpretation dated January 6, 2006, and numerous official planning department maps depicting the boundary of the suburban tier of this section of Durham," said Craigie Sanders, an attorney with the K&L Gates firm that's representing the developers. "The Planning Department's January 6, 2006, official interpretation was dually approved by the North Carolina Division of Water Quality on February 4, 2009."

He also stressed that his client did not commission the survey.

"There is a false claim that is frequently being stated in the media that the developer paid for the survey of Jordan Lake that was the basis of the Planning Department's official interpretation and the Division of Water Quality approval," Sanders said. "Our client has never paid for nor commissioned any survey."

Sanders was the only person present to speak in favor of changing the boundaries. Twenty-one others signed up in opposition.

"It's a proposed mini-city with tree removal, concrete paving and more sewage in this supposedly protected one-mile boundary of Jordan Lake," said Durham resident Helen Fisher.

The development on 165 acres could mean more housing, shops and office space for this part of southern Durham. Opponents said Jordan Lake, which is a source of water for Cary and Chatham County, is polluted already and opening it up to more development would create even more problems.

"My interest is solely in the water for all of our grandchildren," said Chris Green.

Other opponents said there's an underlying problem of standards for zoning ordinances here.

"Let's get away from this business of surveyors deciding where zoning boundaries are," said Tom Miller, who spoke in opposition Tuesday. "We tie it all together and then we make the center of the radius this lake level which no one can agree on."

"We're going to be changing these lines ... over and over again. We will be trapped in a mess of our own making that will never stop."

The Planning Commission is sending a suggestion back to the Durham County Commission that elected officials establish a policy for the determination of the normal pool elevation of the lake. They're also suggesting a publically funded survey of the critical watershed around Jordan Lake.

County Commissioners could discuss the issue in September.