HomeMy WebLinkAboutPB Agenda Packet - Aug 6 2025ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
AGENDA
ORANGE COUNTY PLANNING BOARD
WHITTED MEETING FACILITY
300 WEST TRYON STREET, SECOND FLOOR
HILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, August 6, 2025
Regular Meeting – 7:00 pm
No. Page(s) Agenda Item
1.CALL TO ORDER
2.
4 - 5
INFORMATIONAL ITEMS
a.Planning Calendar for August and September
3.
APPROVAL OF MINUTES
June 4, 2025 Regular Meeting Minutes
July 9, 2025 Ordinance Review Committee Notes
4.CONSIDERATION OF ADDITIONS TO AGENDA
5.PUBLIC CHARGE
Introduction to the Public Charge
The Board of County Commissioners, under the authority of North Carolina General Statute,
appoints the Orange County Planning Board (OCPB) to uphold the written land development
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and
harmonious development. OCPB shall do so in a manner which considers the present and
future needs of its residents and businesses through efficient and responsive process that
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB
will make every effort to uphold a vision of responsive governance and quality public services
during our deliberations, decisions, and recommendations.
Public Charge
The Planning Board pledges its respect to all present. The Board asks those attending this
meeting to conduct themselves in a respectful, courteous manner toward each other, County
staff, and Board members. At any time should a member of the Board or the public fail to
observe this charge, the Chair will take steps to restore order and decorum. Should it
become impossible to restore order and continue the meeting, the Chair will recess the
meeting until such time that a genuine commitment to this public charge is observed.
The Planning Board asks that all electronic devices such as cell phones, pagers, and
computers should please be turned off or set to silent/vibrate.
Please be kind to everyone.
6 - 15
16
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No. Page(s) Agenda Item
6.CHAIR COMMENTS
7.
ZONING ATLAS AMENDMENT (CONDITIONAL DISTRICT) - To review and
make a recommendation to the BOCC on a Zoning Atlas Amendment to
rezone +/- 61.11 acres (PIN: 9749-42-2010) located at 3531 NC
Highway 54 W, Chapel Hill, within the Bingham Township of Orange
County. The proposed rezoning is from R-1 (Rural Residential) to R-
CD (Residential - Conditional District). The anticipated BOCC public
hearing date is October 7, 2025.
Presenter: Lauren Honeycutt, Planner II
8.ADJOURNMENT
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Interested persons can sign up at https://www.orangecountync.gov/list.aspx to receive a
notification when agendas are posted. (Scroll down to the “Agenda Center” category and choose
Planning Board).
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Sign up at https://www.orangecountync.gov/list.aspx?ListID=408 to receive the monthly
communication on happenings in the Planning & Inspections Department.
Written Comments
Interested persons who cannot attend the meeting in-person are invited to submit written
comments on agenda items to the Planning Board via email at
planningboard@orangecountync.gov no later than 3:00 p.m. on the afternoon of the meeting.
Please include in the Subject line of the email the title of the agenda item your comment pertains
to. Emails sent to this address are viewable on Google Groups:
https://groups.google.com/g/ocplanningboard
Written comments can also be dropped off at the Planning Department’s offices at 131 W.
Margaret Lane, 2nd floor, Hillsborough, NC during normal business hours (8:00 a.m. to 5:00 p.m.
Monday through Friday). Written comments will be scanned and sent by staff to the email address
indicated above.
Review Process
The Planning Board is an appointed volunteer advisory board which makes recommendations to
the Board of County Commissioners (the elected officials). The Board of County Commissioners
holds a formal public hearing and makes decisions. Section 2.8 of the County’s Unified
Development Ordinance contains a flowchart depicting the review process for rezoning and text
amendment applications.
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Planning Board Member Potential Conflict of Interest
It is the duty of every Board member to avoid both conflicts of interest and appearances of conflict.
Board members having any conflicts of interest or appearances of conflict with respect to matters
before the Board should identify the conflict or appearance of conflict and refrain from undue
participation in the matter involved.
As a reminder, NC General Statute § 160D-109 establishes the following standard: Members of
appointed boards shall not vote on any advisory or legislative decision regarding a development
regulation where the outcome of the matter being considered is reasonably likely to have a direct,
substantial, and readily identifiable financial impact on the member. An appointed board member
shall not vote on any zoning amendment if the landowner of the property subject to a rezoning
petition or the applicant for a text amendment is a person with whom the member has a close
familial, business, or other associational relationship.
If any Planning Board member has any concern about a possible conflict related to an agenda
item, please notify Planning staff and get in touch directly with a member of the County Attorney’s
staff before the meeting time to determine whether a conflict exists – and if so, how best to handle
the potential conflict.
3
August 2025
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
3 4 5 6 7 8 9
Planning Board
Meeting
7:00 pm*
Whitted Bldg.
10 11 12 13 14 15 16
Board of
Adjustment
7:00 pm
Whitted Bldg.
17 18 19 20 21 22 23
24 25 26 27 28 29 30
BOCC
Business
Meeting
7:00 pm
Whitted Bldg.
31
Notes:
* Planning Board Member Attendance Required
Planning Board meetings are held in room 230 on the second floor of the Whitted Building
located at 300 W. Tryon St., Hillsborough, NC 27278
4
September 2025
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6
HOLIDAY
Planning Board
Meeting
7:00 pm*
Whitted Bldg.
BOCC
Business
Meeting
7:00 pm
Whitted Bldg.
7 8 9 10 11 12 13
BOCC Work
Session
7:00 pm
Southern
Human Serv
Ctr.
Board of
Adjustment
Meeting
7:00 pm
Whitted Bldg.
14 15 16 17 18 19 20
BOCC
Business
Meeting
7:00 pm
Southern
Human Serv
Ctr.
21 22 23 24 25 26 27
Joint Meeting
with School
Boards
7:00 pm
Whitted Bldg.
28 29 30
Notes:
*Planning Board member attendance required
Planning Board meetings are held at Whitted Human Services Building - Donna S. Baker Meeting
Room (2nd floor) 300 West Tryon Street Hillsborough, NC 27278
5
MEETING MINUTES 1 ORANGE COUNTY PLANNING BOARD 2 JUNE 4, 2025 3 REGULAR MEETING 4 5 MEMBERS PRESENT: Lamar Proctor (Chair) Cheeks Township, Chris Johnston (Vice-Chair) Hillsborough Township, 6
Meg Millard, Little River Township Representative; Statler Gilfillen, Eno Township Representative; 7
Charity Kirk, At-Large Representative; Whitney Watson, At-Large Representative; Delores Bailey, 8
At-Large Representative; Steve Kaufmann, Bingham Township Representative. 9 10 MEMBERS ABSENT: Beth Bronson, At-Large Representative; Venkat Yendapalli, Cedar Grove Township 11
Representative; Jonah Garson, At-Large Representative; Liz Kalies, Chapel Hill Township 12
Representative. 13 14
STAFF PRESENT: Cy Stober, Planning & Inspections Director; Taylor Perschau, Current Planning Manager; Lauren 15
Honeycutt, Planner II; Jack Moran, Planner I 16 17 OTHERS PRESENT: Peter Klopfer, Mark Kuhn, Karen Cumberbatch, Andrew Goolsby, Michael Fiocco, Ellen Weinstein 18 19 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 20 21
The meeting began at 7:02 PM 22 23 AGENDA ITEM 2: INFORMATION ITEMS 24 25
Lamar Proctor reviewed the upcoming Planning Board and Board of County Commissioners meeting calendars. 26 27 AGENDA ITEM 3: APPROVAL OF MINUTES 28 29
Lamar Proctor: Do I have any motion to amend the May 7th minutes? Hearing no motion, do I have a motion to 30
approve the May 7th meeting minutes. 31 32
Statler Gilfillen: I'll make a motion. 33 34
Lamar Proctor: Statler moves. Do I have a second? 35 36
Meg Millard: Second. 37 38
Lamar Proctor: All right, Meg seconds. All those in favor of approval of the May 7th minutes, raise your hand or 39
say aye. 40 41
MOTION BY Statler Gilfillen to approve the minutes from the May 7th meeting. Seconded by Meg Millard. 42 43 MOTION PASSED UNANIMOUSLY 44 45
Lamar Proctor: Thank you, so those are approved by unanimous vote. Are there any additions, proposed 46
additions to the agenda? Hearing none, we move onto the public charge. 47 48 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA 49 50
None. 51 52 AGENDA ITEM 5: PUBLIC CHARGE 53 54
Lamar Proctor read the Public Charge. 55
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56 AGENDA ITEM 6: CHAIR COMMENTS 57
58
Lamar Proctor: As to chair comments, I don't have any comments other than its beautiful weather, and I hope 59
everyone is doing well. 60
61 AGENDA ITEM 7: ZONING ATLAS AMENDMENT (CONDITIONAL DISTRICT) - To review and make a recommendation to 62
the BOCC on a Zoning Atlas Amendment to rezone +/- 110.456 acres (PINs: 9892-31-0306, 9892-63
22-7326, 9892-20-2052) located at 4809 Friends School Road, Durham, within the Chapel Hill 64
Township of Orange County. The proposed rezoning is from PDH-RB (Planned Development 65
Housing - Rural Buffer) and RB (Rural Buffer) to NR-CD (Non-Residential Conditional District). 66
The anticipated BOCC public hearing date is September 4, 2025. 67
68
Lamar Proctor: We move onto Agenda Item 7 which is a zoning atlas amendment to review and make a 69
recommendation to the BOCC on a zoning atlas amendment to rezone plus or minus 110.456 70
acres located at 4809 Friends School Road, Durham within the Chapel Hill Township of Orange 71
County. The proposed rezoning is from PDH-RB which is plan development housing within the 72
rural buffer and RB rural buffer to NR-CD non-residential conditional district. The anticipated 73
BOCC public hearing date is September 4th. All right, Lauren? 74
75
Lauren Honeycutt: Thank you, chair. Let me skip through the beginning here to get to our item. As you mentioned, 76
this is a conditional district zoning atlas amendment for Carolina Friends School to rezone from 77
PDH-RB and RB, rural buffer, to a non-residential conditional district. This is a conditional district 78
rezoning, and this means that it is use specific, and it is site specific, so that is what the rezoning 79
is contingent on. Looking at our site here, the main school is at 4809 Friends School Road. It's 80
located in the Chapel Hill Township. We have three pins involved in this rezoning. Its watershed 81
is Jordan Lake unprotected, and the applicant is Carolina Friends School in conjunction with the 82
Peter and Martha Klopfer Life Estate. The current zoning is the planned development housing 83
rural buffer. You can see that in the blue portion here that came with the special use permit 84
granted by the BOCC, and then also the green shown on the map is the rural buffer zoning. 85
They're requesting to rezone all three parcels to non-residential conditional district, so this would 86
include the sites that were not in the special use permit which is that bottom parcel there. And 87
then surrounding zoning, as y'all can see on the map is rural buffer. Future land use is rural buffer 88
as well. This is meant to be land adjacent to an urban, or transition area. It's rural in character 89
and should remain rural. Uses are low density, and there are not expected to be urban services 90
provided, and Carolina Friends School is not proposing an amendment to the future land use map. 91
This parcel is also in the joint planning area, which has its own future land use classification of 92
rural buffer as well within parcels in the JPA that are zoned rural buffer, designated rural buffer will 93
have a further distinction, and those parcels, these three further distinction is a rural residential, so 94
this is meant to be residential uses, and it's meant to be low density areas that are meant to be 95
single family homes and supporting uses. Similarly, to our future land use map it is not expected 96
to have urban services. What comes with the conditional district application is a site-specific plan, 97
which y'all have in front of you. We have a couple of changes to talk through. There was one 98
change to the site plan since the agenda packet went out, and that is just a note showing that the 99
footprint is conceptual. Y'all can see that reflected in your plans. Also, as part of the application, 100
there's an environmental assessment, a biological inventory, and then anything else that's 101
required with review from reviewing agencies, and those were all deemed complete by staff, so it 102
looks like the specific plan, as we went over has had a change. Y'all can see that in front of you. 103
The yellow page, and then the plan set, both with the same information. The other changes, just 104
before I turn it over to the applicant, there was a change to the conceptual construction projection, 105
and so that just shows you need the maximum square footage. Also, the list of conditions that was 106
agreed to by Carolina Friends School and signed. There is a sheet reflecting those conditions, 107
which did include one additional condition that is listed under No. 6 to capture the traffic changes, 108
and that they agreed to follow NCDOT requirements when they get their driveway permit, and just 109
to make sure we capture that change and that whichever statement of consistency, or 110
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inconsistency is moved through tonight, that it has the correct list of conditions. We are able to 111
propose conditions based on state statute. This is part of the non-residential conditional district 112
process. That's the conditional portion of it, and they are addressing needs that come from the 113
project, so we can see it both here, and reflected in your packet. And then I'm going to turn it over 114
to the applicant to go through their portion. 115
116
Karen Cumberbatch: Thank you. I appreciate that. Thank you, friends. My name is Karen Cumberbatch, and I am a 117
head of school at Carolina Friend School. Thank you for hearing our request for rezoning, and I 118
am hoping to share just a little bit about who we are, how we have approached our orientation to 119
being located where we are, as part of your understanding of what we plan to do. So, Carolina 120
Friends School recently celebrated its 60th anniversary. Peter and Martha Klopfer, our founders 121
are pictured here, and Peter is here with us today. He and his family have been a part of the 122
Orange County community for longer than those 60 years, and so it is with their guidance, their 123
support, and their orientation towards respect for the land, good stewardship of the land that the 124
school was founded, and that we have been participating as a school in Orange County for the 125
last 60 years. For those of you that might not be aware, Carolina Friends School was one of the 126
first intentionally racially integrated schools in the south and began in '64 with one Kindergarten 127
class at Durham Friends meeting, and then grew grade by grade over what was formally Couch 128
Road, and then became known as Friends School Road. You can see some of those early 129
pictures there. One of the key things that has been true for the entire duration of our existence is 130
an orientation towards sustainability, and being good stewards, so what you are seeing here is 131
that some of the ways that we have sought to do that, and some of our current initiatives, for those 132
of you that have known the school for some time, you will know that we have been known as a 133
Quaker school in the woods. That has been really important to us, protecting the land its 134
resources, maintaining the natural forested areas, and working the limit of environmental impact. 135
Those have been priority since our origin, and as we've grown, we've consistently tried to maintain 136
that focus, and so what you see here are some of the things that exist now. On campus, we 137
regularly compost. We look really to how we can lower our impact through efficiency of LED 138
bulbs, and maybe the most significant places our geothermal whenever we have been able, we 139
have incorporated geothermal into our school buildings as well as solar panels. These are things 140
that are just ingrained really in the school, and this comes as a part of our Quaker identity. Our 141
mission says that we are inspired by Quaker values, we teach our children that it's possible to 142
change the world, and so the enhancements that we are envisioning for the future, and over the 143
coming years are meant to help us continue to do that and expand that for even greater impact for 144
students and families who are a part of our community. The bolded elements that you see there 145
are two core parts of our mission and philosophy statements, belief in the spirituality of life, and for 146
us, that implies an effort to instill a sense of awe and reverence for nature. Responsible 147
stewardship of all our resources, intentional teaching of a humble interaction with, rather than an 148
arrogant attitude toward living things. These are part of our core values, and the idea of a belief in 149
the value of simplicity, that includes for us an awareness of the oftentimes, lying between the 150
necessary, and the frivolous, acknowledgment that our capabilities and possessions are gifts to be 151
shared with others, a commitment to create a community learning structure that is sensible and 152
devoid of structural trivia. We really tried to be mindful that whatever we are doing is in a way that 153
is meant to really embrace these concepts, and so that is also part of this thinking as we are 154
looking at the rezoning and additional growth of the campus. We have grown gradually over the 155
years, and these are some pictures over the course of time for those of you that might have 156
known us over time. In 1970, when the campus had approximately 210 students, by 2010 we had 157
grown to 440 students, I know that doesn't seem gradual, but please remember that was over a 158
40-year period, and here since 2017 to the present, we've been approximately 460 to 475 159
students on the campus, and we're seeking to grow that a bit over time, over these next few years. 160
So, let me see if I can switch to the video. 161
162
Karen Cumberbatch played a prepared video for the Board. 163
164
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Karen Cumberbatch: I show you that, so that you can get a sense of the way that we inhabit the space, so as you can 165
see there's been new intentionality to maintain the tree growth as much as possible. It's really a 166
tremendous value to us to be able to look out our windows and see the fullness of the greenery 167
that is available to us. It is really important to us that our kids are outside, that they are 168
experiencing the opportunity to play in the creek and that is something that we hold sacrosanct. 169
We know that the knowledge base that is core to walking lightly on the earth, and also to being a 170
laboratory for us. We intentionally teach our students about environmental stewardship, and our 171
classes from the youngest to the oldest can be seen conducting experiments, observing insects, 172
birds, snakes, all of that, maintaining their actual habitats. That's a part of what we do, and as I 173
said, outdoor play, all of our students have access to the outdoors throughout the course of the 174
day, again core to what we believe is important for students. We teach our students to be grateful 175
for the ways that being in nature can expand their minds and hearts, and that there's a 176
sacredness in nature that we hope they will come to appreciate and to work to protect. So, for the 177
future, for us, the rezoning will allow us to lean into a future, where we'll continue to live with these 178
same values. These will continue to be the ways that we will approach any additions that might 179
happen, or any changes that might happen, as we have done for the past 60 years, but we'll also 180
be maintaining and enhancing our sustainability efforts. One of our goals is to ensure that all of 181
the new features are built as sustainably as possible, and contain features that will minimize our 182
carbon footprint, and we'll continue with the same uses of the land for educating students with 183
enhanced learning spaces that we have in the past. We're not looking to make any significant 184
changes in our use, and it will allow us to serve more students in the future. You know, which we, 185
which we believe we're a school that has a lot to offer, and so we're looking for ways to be able to 186
serve even more families. Thank you for hearing a little bit about Carolina Friends, and I'm going 187
to pass the mic. 188
189
Ellen Weinstein: Good evening. I'm Ellen Weinstein, an architect at With Architecture, and I've had the privilege of 190
working with Carolina Friends School since the early 1990s. This is the Carolina Friends School 191
campus today. Friends School has served as a steward of its 110 acre campus since the early 192
1960s. The campus is bordered by Friends School Road to the east, Mount Sinai Road to the 193
south, with residential neighbors to the west and north. There is an entrance to campus from 194
Friends School Road indicated with the orange arrow and it is the only active entry into campus. 195
There is service access from Mount Sinai Road it is a gated. It's a gated entry and opened 196
infrequently for campus maintenance. The campus combines wooded areas with open pass-197
throughs in the southern, and northwestern sections. Natural features include a pond to the north, 198
and a stream that bisects the campus with segments flowing southwest, and southeast, 24 199
buildings currently house classrooms, lab spaces, performance spaces, meeting rooms, and 200
offices. The campus layout flows from the entry point with lower school building nearest the 201
entrance, followed by middle school, upper school, and early school moving southward. Shared 202
campus facilities include a gymnasium, soccer fields, performing arts center, a track, and cross-203
country trail. Over the past two and a half years, Friends School has undertaken an extensive 204
campus master planning process to envision, and plan for the future. Five-year development 205
goals include a new upper school, expanded drop off and parking areas, and enhanced Mount 206
Sinai Road access as a second campus entry point. According to the traffic impact analysis 207
prepared by Kimberly Horn for this submittal, opening this second entry point, will reduce traffic 208
congestion on Friends School Road, and improve campus access, and safety for all users, and 209
the neighbors. What is the vision for campus in 15 years? Well, this is a little more conceptual, 210
15 years is a long, long, long time, and so it's more conceptual in nature. Friends School 211
anticipates potential need for additions to lower school, middle school, and early school, a 212
gymnasium perhaps near the tennis courts, maintenance building across from the new gym, 213
additional outdoor learning spaces, which play a vital role in providing hands on experiences in 214
nature, and sustainability studies. So, Carolina Friends School’s current campus is on the left, 215
vision for 2040 on the right. I think this hopefully shows you the measured growth on the campus, 216
while remaining a school in the woods. I look forward to your questions when the presentation is 217
complete. Thank you. 218
219
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Michael Fiocco: Good evening. My name is Michael Fiocco, and I'm a partner with Civil Consultants, and our firm 220
has likewise been working with Friends School for the last 30 years, and given our presentation 221
this evening, we're focusing on a 15-year growth plan. When we approached staff to discuss 222
methods of how to go about doing that, we were advised, and we agree that the best way to do 223
that was to consolidate the zoning which is currently split, into a single zoning district, and that that 224
district be the non-residential conditional district, which would not be subject to SUP, which is a 225
difficult cumbersome process by which to grow your school, or your land projects. We've 226
embraced that and have put together the package for you tonight with all the conditions that we 227
developed through working with staff, and we would be thankful, and ask for your positive 228
recommendation to the Board of County Commissioners, and we can take any questions that you 229
have. 230
231
Lamar Proctor: All right thank you. I'll start down here. Meg, any questions? 232
233
Meg Millard: Okay. I guess first I'm supposed to disclose that I am a former Friends School student myself, 234
went there in the '60s, and both my kids went there, and my niece, and my sister, and my brother, 235
but nobody's going there right now. I do have one question, the second entrance. Would that run 236
a road straight back to the new high school? Is that the idea to have high school traffic enter one 237
way. 238
239
Ellen Weinstein: Yes. So, where the arrow is at the bottom, the grey line, there's a gravel road there now. It's a 240
service road. It would be improved, and that road heads north, and then it curves, and it will be 241
access for upper school students, and potentially also for the early school, so splitting drop-off, 242
and pick up. 243
244
Meg Millard: And where are the closest houses? How would they be impacted, the neighbors. 245
246
Ellen Weinstein: Well right now everyone comes off of Friends School Road, and this actually splits almost 50/50, 247
the number of folks entering. 248
249
Meg Millard: Okay. 250
251
Michael Fiocco: All right, thank you, that's state, and let me just mention, that that it is an existing gravel road 252
today, and in working with the fire department, they're looking for a more durable surface, so that's 253
where the pavement comes in. 254
255
Lamar Proctor: Steve, you got any questions? 256
257
Steve Kaufmann: I'm going to pass right now. 258
259
Lamar Proctor: All right. Whitney? 260
261
Whitney Watson: I have one question. I noticed that you held a neighborhood information meeting. Could you 262
share the results, the comments, the kinds of questions that came up at that meeting? 263
264
Chris Johnston: I'd like to second that. 265
266
Michael Fiocco: It was a very positive meeting, and the one comment that we took away was concerns about 267
lighting. 268
269
Whitney Watson: Light? 270
271
Michael Fiocco: Yes, lightning. 272
273
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Chris Johnston: Just to piggyback on that, I apologize, Cy normally the neighborhood information meeting is in the 274
packet, is there a reason that this one wasn't required to be? I thought that was a requirement as 275
part of the application process. 276
277
Cy Stober: That absolutely is. The information is available through the portal. 278
279
Chris Johnston: The portal. 280
281
Cy Stober: Yep, we'll make sure to include it in the packet in the future. 282
283
Chris Johnston: Appreciate it. Sorry about that. Thank you. Sorry. 284
285
Whitney Watson: And so just to follow up, if there was a concern about lighting, did you undertake, or consider Dark 286
Sky as a guideline for lighting in the campus area? 287
288
Michael Fiocco: That is a possibility, yes, and what we did commit to was trying to find a solution that 289
one, preserved safety while on campus and acknowledge the need and desire for Dark Sky. 290
291
Dolores Bailey: Could you share what Dark Sky is? 292
293
Whitney Watson: Dark Sky is a, I don't know if it's really a standard, but it's a goal to minimize light pollution, so 294
fewer lights, keep them close to the ground, shielded, to make the sky, and the animals who are 295
out at night less impacted by the light. 296
297
Michael Fiocco: One of the key components is the shielding, so that it points the light down, as opposed to not 298
having a shield that lets it cast out. 299
300
Lamar Proctor: Thank you. And, and just a follow up question, then, I think in the packet there was references to 301
particular wavelengths of light that were to be desired, and types of lighting, did I read that 302
correctly. 303
304
Michael Fiocco: Yes, yes you did. There is a wavelength cutoff that is suggested, I can't remember if it's like 7 or 305
800 nanometers. Near infrared. Ultraviolet, sorry. 306
307
Lamar Proctor: And I guess the question is, you all would take that into consideration when applying for additional 308
permits or further expansion or modification of the facilities. 309
310
Karen Cumberbatch: Yes, and I would say if you're ever on our campus, actually, at night, we already are pretty mindful 311
of the amount of light that we have and the impacts for our current section of campus that we use, 312
and so, yes, that would definitely be the same guiding principals that we would use in any future 313
construction. I was reminded that in the neighborhood information meeting, there was one 314
comment that was made about an existing light, and our plan is already to make the amendments 315
that would be needed to ensure that we were managing the light as effectively as possible. I 316
guess we said this in the neighborhood information meeting, and if it's worth saying out loud here, 317
we're not the kind of school that's going to be lighting fields, and we're not going to have night 318
games, and there's not going to be any of those kinds of things that would be adding to any light 319
pollution or extreme use, so that is also something that we are committed to. 320
321
Lamar Proctor: Right, and I think it's also conditioned too that no lighting will be provided on existing or proposed 322
athletic fields or courts, so there won't be general mis-lighting, and that's a condition of the 323
conditional zoning. Okay. 324
325
Lamar Proctor: Chris? 326
327
Chris Johnston: Oh, I apologize. Whitney, are you all done with yours? 328
11
329
Whitney Watson: Sorry. Yeah. 330
331
Chris Johnston: I jumped in on yours, and I apologize for that. This is the first time I feel like we've seen this far 332
out, the 15 years and that sort of thing. If they, for whatever reason, fail to install a west campus 333
gym in 15 years, do they even have to come back and reapply for the conditional access or 334
something to be changed and updated to 20 years, or whatever the case may be, or is this kind of 335
a projection? How hard are these numbers? 336
337
Cy Stober: The state law has very hard number in vested rights for a non-phase development of 7 years at 338
present. 339
340
Chris Johnston: Okay. 341
342
Cy Stober: So that's our vesting period for a conditional zoning case. We're extending that through a 343
condition, so at the end of 15 years they are vested rights for that particular use and that particular 344
construction have expired and, yeah, they would need to go back through the zoning process 345
because the condition would have been exhausted. 346
347
Chris Johnston: Okay. Thank you. That's my only question. 348
349
Lamar Proctor: All right. Statler? 350
351
Statler Gilfillen: I'm reading through this. You or your department have made a number of comments in here. I 352
believe all of them are pretty much consistent that this is a positive direction. Technically, what 353
they're trying to do and approach this. Is there anything that I could've been missing that your 354
department has done that might be a conflict? 355
356
Cy Stober: I would defer to Lauren, because she's more intimately familiar with the application, but, no, I've 357
attended the development advisory committee meetings. They've been very responsive to the 358
comments from the county and DOT and responsive to the community comments as well, but 359
Lauren, I'll give you the floor. 360
361
Statler Gilfillen: What I'm seeing as an architect in the level of detail and what they presented, and what they've 362
gone through in the presentation tonight. They seem to be working very hard to conform and 363
make this work in positive ways. That's what I'm seeing in the paperwork and the presentation. 364
365
Cy Stober: Lauren, in your opinion, can you offer your view? 366
367
Lauren Honeycutt: That is correct. They did go through the development advisory committee and did receive 368
comments that required revisions. All revisions were made and complete before they moved 369
forward in the process. They're here tonight, and we're bringing it before the board with a staff 370
recommendation because of our assessment of completeness. I actually have a couple more 371
slides that could speak to that. I know we jumped into questions, but if we can kind of look 372
through those that speak to ways that this has complied with our requirements, including public 373
notification, which was sent out by staff, as well as signs posted, and public notification on our 374
web page, and then this is the staff analysis we're thinking about here. Staff did analyze that their 375
application was both in compliance with zoning atlas and unified development ordinance 376
amendments, the requirements from those, requirements for conditional districts nested within 377
that, and then also the requirements at large for schools. So, we looked at the comprehensive 378
plan and making sure that everything looks consistent. This one is being brought into compliance 379
with current zoning because the current use is only able to be through this non-residential 380
conditional district or another conditional district process, so that's why it's being brought forward 381
to bring that into compliance, and then they complied with providing environmental assessments, 382
which staff reviewed and determined that there was no significant impact, which is how we end up 383
12
at this review process. We've come through all of these steps, and that’s why you're hearing from 384
the applicant tonight. And then echoing again that it's our recommendation that you hear the 385
application, deliberate on the proposal and then consider the staff recommendation, that the 386
proposal is consistent with the comprehensive plan and the ordinance and then make a 387
recommendation to BOCC, which that hearing will most likely come in, tentatively, September 4th 388
hearing, and that's all we have from staff. I think that answered our question and moved us 389
forward in the slides. Did you have anything else for us staff? 390
391
Lamar Proctor: Anyone? 392
393
Dolores Bailey: Quick question, and just to anybody. In the yellow version, Option No. 3 says no burning of land 394
clearing waste shall occur. How then will you get rid of the wood waste as you move trees? I 395
guess I'm asking the applicant. 396
397
Michael Fiocco: The commitment is that that will not occur. 398
399
Dolores Bailey: Right. 400
401
Michael Fiocco: So, the trees will be removed, hauled off, chipped, often times, and can be used around campus. 402
403
Dolores Bailey: Okay. My second question for you then is, you mentioned right now you're two different zonings 404
and so you're trying to combine them. What are the two zonings? 405
406
Michael Fiocco: A planned district housing and rural buffer. 407
408
Dolores Bailey: And so, the housing piece is going to go away? 409
410
Michael Fiocco: The conditional district that we're going to allows for residential use as well. 411
412
Dolores Bailey: Okay. And are you all planning on doing any residential? 413
414
Michael Fiocco: There will be some residential. There's residential on campus already today, and so those will 415
continue to be used. 416
417
Dolores Bailey: And in the 15-year plan, I don't have any idea of how much housing you've got now, but housing is 418
my thing, so, in the plans, going towards the 15-year, are you going to house more? 419
420
Michael Fiocco: Right now, there are no plans for new houses. It's plans to occupy the existing houses and use 421
them for educational purposes. 422
423
Dolores Bailey: Okay. Would you consider, in the 15-year plan, doing some more housing? 424
425
Michael Fiocco: We have thought about doing some housing that could be used for visiting teachers or existing 426
teachers. 427
428
Dolores Bailey: Okay. 429
430
Michael Fiocco: So, we have thought about that, and we thought that some of the structures that are already on 431
campus could be those buildings. 432
433
Dolores Bailey: There's such a shortage of housing, and since you have that already going it would be wonderful, 434
even if you just created housing for your teaching staff. 435
436
Michael Fiocco: Yeah. We have definitely thought about that. 437
438
13
Dolores Bailey: Okay. Thank you. 439
440
Lamar Proctor: All right. Charity? No? Any other questions for staff or the applicant? 441
442
Cy Stober: Mr. Chair? 443
444
Lamar Proctor: Yes. 445
446
Cy Stober: Just a point of clarification to Ms. Bailey's comment. Burning of waste is prohibited by the county 447
ordinance, not the unified development ordinance, and is enforced by both the Fire Marshall and 448
the sheriff's office, so it's a standard, it's part of the solid waste ordinance. This is handled by solid 449
waste as well as enforced by the sheriff's office and the Fire Marshall, so it's nice to have it in 450
black and white as a condition as well, but it already, there's a backup of the county ordinance. 451
452
Dolores Bailey: Thank you. 453
454
Lamar Proctor: We do have a sign-in sheet that is sometimes not clear on who wants to speak so, at this time, 455
hearing no further questions, I would like to move into public comment. Peter, did you want to 456
address the board? You don't have to if you don't want to, but you signed in, so we want to give 457
you the opportunity. 458
459
Peter Klopfer: Thank you very much. I really have nothing to add to what school’s heads already told you. The 460
plan does not entail any major expansion of the school, so I'm assuming it's not going to pose any 461
kind of threat to our neighbors and, certainly, as an ecologist, I am particularly sensitive to the 462
issues of night pollution, of water flow, and the light, and I'm quite satisfied that the planning by the 463
architects have taken the biological considerations that are professionally important to me, of very 464
carefully consideration, and I don't see any threat to the environment that the proposed changes 465
would present. 466
467
Lamar Proctor: All right. Thank you. Then I have Mark Kuhn. Did you want to address the board? 468
469
Mark Coon: I'm the outgoing board clerk at Carolina Friends School. Also does volunteer for a number of 470
years and I've been a school parent and am now a school grandparent, so I've seen now four 471
children from my own family go through the school, and in getting to know the school community 472
and finding the very beneficial ways in which the students are schooled, I'm just pleased to see 473
the school moving forward to continue its sustenance into the future, and this is part of that. 474
475
Lamar Proctor: All right. Thank you. And then Andrew Goolsby. 476
477
Andrew Goolsby: No. 478
479
Lamar Proctor: And then the other sign-in participants were the presenters, so I don't think there's any more 480
public comment needed. As chair, I will just say that I think Carolina Friends School has been a 481
longstanding fabulous neighbor and part of the Orange County community in starting up the board 482
discussion on this, and it doesn't appear to me that there's, like Peter said, there's no major 483
substantial changes, it just seems to be a very organic growth of the school and it's, you know, it 484
seems completely consistent with our comprehensive plan and the kind of neighbor and good 485
neighbor that we want to support in Orange County. At this point, I think we should have any 486
discussion, or any statements that any board members want to make, or any discussion about 487
changing conditions or anything else before we move into a motion on the statement of 488
consistency. 489
490
Chris Johnston: I don't think I have any reason that we would want to fiddle with things in the periphery here. 491
That's me personally though. 492
493
14
Statler Gilfillen: As an architect planner, I would reinforce that. 494
495
Lamar Proctor: Okay. 496
497
Dolores Bailey: As a housing educator, I would encourage some more housing. 498
499
Lamar Proctor: Do you all have any additions? With that, I will entertain a motion on adopting the statement of 500
consistency of the proposed zoning atlas amendment as printed in Attachment 6. Do I have a 501
motion? 502
503
Statler Gilfillen: I’ll make a motion. 504
505
Lamar Proctor: And do I have a second? 506
507
Dolores Bailey: I'll second it. 508
509
Lamar Proctor: I'll give Dolores the second. All in favor, tell me if I'm wording this correctly, of adopting the 510
statement of consistent and recommending the proposed zoning atlas amendment to the Board of 511
County Commissioners as printed out and provided in Attachment 6. All in favor, raise your hands 512
or say aye. 513
514 MOTION BY Statler Gilfillen to approve the Statement of Consistency. Seconded by Dolores Bailey. 515
516 MOTION PASSED UNANIMOUSLY 517
518
Lamar Proctor: Seeing none opposed, then the statement of consistency is recommended to the Board of County 519
Commissioners for the zoning change of these parcels. Does that cover it, Cy? And thank you all 520
so much for being here and presenting, and thank you for being succinct, and for all that you do 521
for this community and for young people. I know you all are doing good work. 522
523 AGENDA ITEM 9: ADJOURNMENT 524 525
Lamar Proctor: Do I have a motion to adjourn? 526
527
Dolores Bailey: So moved. 528
529
Lamar Proctor: All right, Dolores. Second? 530
531
Chris Johnston: Second. 532
533
Lamar Proctor: Second, Chris. All in favor, say I or raise your hand. 534
535 MOTION BY Dolores Bailey to adjourn. Seconded by Chris Johnston. 536
537 MOTION PASSED UNANIMOUSLY 538
539
Lamar Proctor: Seeing none opposed, we are adjourned. 540
The meeting adjourned at 7:48 PM 541
15
SUMMARY NOTES 1 ORANGE COUNTY PLANNING BOARD 2 JULY 9, 2025 3 ORDINANCE REVIEW COMMITTEE 4
5
6
NOTE: A QUORUM IS NOT REQUIRED FOR ORDINANCE REVIEW COMMITTEE MEETINGS. 7
8
MEMBERS PRESENT: Lamar Proctor (Chair), Cheeks Township Representative; Whitney Watson, At-Large 9
Representative; Beth Bronson, At-Large Representative; Statler Gilfillen, Eno Township Representative; Charity Kirk, 10
At-Large Representative. 11
12 STAFF PRESENT: Cy Stober, Planning & Inspections Director; Patrick Mallett, Deputy Director – Development 13
Services; Taylor Perschau, Current Planning and Zoning Manager; Christopher Sandt, County Engineer; Jack Moran, 14
Planner I. 15
16
AGENDA ITEM 1: CALL TO ORDER 17
Meeting began at 7:18 PM. 18
19
John Dempsey, a member of the public, addressed the board regarding the impervious surface amendments and to 20
encourage urban stream syndrome research and watershed protection. 21
22
AGENDA ITEM 3: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT – IMPERVIOUS SURFACES, WATERSHED 23 PROTECTION OVERLAY DISTRICTS, AND STREAM BUFFERS - To review Planning Director-initiated amendments to the 24
UDO pertaining to impervious surfaces, watershed protection overlay districts, and stream buffers. 25
PRESENTER: Christopher Sandt, County Engineer 26
27
Christopher Sandt gave a presentation on the proposed impervious surface, watershed protection overlay, and 28
stream buffer amendments. 29
30
The board discussed variance application procedure and planning staff’s role in creating and presenting variances. 31
Christopher Sandt clarified that the proposed setback amendment would only apply to Lake Orange. 32
33
Patrick Mallett presented examples of the impervious surface sliding scale to the board. 34
35
The board discussed affordable housing and density in relation to the existing and proposed impervious surface 36
regulations. 37
38 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT – SUBDIVISION REGULATIONS - To review 39
Planning Director-initiated amendments to the UDO pertaining to subdivision review processes and classifications. 40
41
PRESENTER: Cy Stober, Planning Director 42
43
Cy Stober gave a presentation on the proposed subdivision standards amendment. 44
45
The board discussed neighborhood information meetings and site visits; their necessity, as well as the historical 46
requirement for them to be held. 47
48
AGENDA ITEM 4: ADJOURNMENT 49
The meeting adjourned at 9:40 PM. 50
51
16
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 6, 2025
Action Agenda
Item No. 7
SUBJECT: Application for Zoning Atlas Amendment – 3531 NC Highway 54 W, Chapel
Hill, Bingham Township
DEPARTMENT: Planning and Inspections
ATTACHMENTS: INFORMATION CONTACT:
1.Application, including Site Plan and
Supplemental Materials
2.Staff Report
3.Notification Materials and Certification
4.Neighborhood Information Meeting
Materials
5.Development Advisory Committee and
Courtesy Review Comments
6.Statements of Consistency and
Inconsistency
7.Draft Ordinance, Including Proposed
Conditions
Lauren Honeycutt, Planner II, 919-245-2598
Cy Stober, Planning & Inspections Director,
(919) 245-2592
Taylor Perschau, Current Planning and
Zoning Manager, 919-245-2597
PURPOSE: To review and make a recommendation to the Board of County Commissioners
(BOCC) on a Zoning Atlas Amendment to rezone +/- 61.11 acres (PIN: 9749-42-2010) located
at 3531 NC Highway 54 W, Chapel Hill, within the Bingham Township of Orange County. The
proposed rezoning is:
FROM: R-1 (Rural Residential)
TO: R-CD (Residential - Conditional District)
BACKGROUND: A Conditional Zoning Atlas Amendment application (Attachment 1) was
received from Forestar Group, Inc., on behalf of Carolyn Rigsbee, proposing to rezone
approximately 61.11 acres of property at 3531 NC Highway 54 W, Chapel Hill to allow for
development of a 43-lot conservation cluster subdivision for single-family dwellings. All
application materials can be found on the Orange County Permit Portal. The Staff Report in
Attachment 2 contains additional information, maps, and analysis with regard to the application’s
consistency with County adopted plans. Approval of a site-specific plan is part of the conditional
district rezoning process, and the site plan and any agreed-upon conditions are binding to the
development permitted for the zoning district.
Basic Review Process: A conditional district rezoning application requires submission of a site
plan and other documents, in accordance with Section 2.9.1(C) of the Orange County Unified
Development Ordinance (UDO). Sections 2.8 and 2.9 of the Orange County UDO require the
following review:
•FIRST ACTION – Applicant holds a Neighborhood Information Meeting (NIM).
17
STAFF COMMENT: The NIM was held on April 29, 2025 at 7:00 p.m. at Antioch
Baptist Church, 1707 White Cross Road, Chapel Hill.
• SECOND ACTION – The Planning Board reviews the application at a regular meeting
and makes a recommendation to the Board of County Commissioners (BOCC).
STAFF COMMENT: The Planning Board will review this application at its regular
meeting on August 6, 2025.
• THIRD ACTION – The BOCC receives the Planning Board and staff
recommendations at an advertised public hearing and makes a decision on the
application.
STAFF COMMENT: The public hearing is anticipated to be held on October 7,
2025.
Per Section 2.9.1(F)(3) of the UDO, mutually agreed upon conditions can be imposed as part of
this process if they address:
a. The compatibility of the proposed development with surrounding property,
b. Proposed support facilities (i.e. roadways, and access points, screening and buffer areas,
the timing of development, etc.), and/or
c. All other matters the County may find reasonable and appropriate, or the petitioner may
propose.
A formal site plan is required as part of a conditional rezoning application and has been
submitted with the full application materials from the Forestar Group, Inc., on behalf of Carolyn
Rigsbee (Attachment 1). Forestar Group, Inc. on behalf of Carolyn Rigsbee, have initiated a
Zoning Atlas Amendment in order allow for future development of a 43-lot subdivision for single-
family dwellings. Additional background information related to this request is contained in the
Staff Report (Attachment 2).
Orange County Development Advisory Committee staff has recommended the imposition of
conditions, as included in the Ordinance in Attachment 7.
Public Notification: In accordance with Section 2.8.7 of the UDO, notices of the Planning Board
meeting were mailed via first class mail to property owners within 1,000 ft. of the subject parcel.
These notices were mailed on July 23, 2025, 14 days before the meeting. Staff also posted the
subject parcel with a sign on July 23, 2025, 14 days before the meeting. See Attachment 3 for
the notification materials.
Planning Director’s Recommendation:
The Planning Director recommends that the Planning Board:
1) Consider the matter for action;
2) Acknowledge that legally sufficient public notice was given for the application and this
meeting, in accordance with State and Orange County laws;
3) Review the staff report (Attachment 2), featuring analyses of compliance with the
UDO, impact to the surrounding area, safety and efficiency of land use, and
consistency with the county’s adopted plans;
4) Allow for the applicant’s request by presentation of materials;
5) Allow for public comments; and
6) Make a recommendation to the BOCC on the Statement of Consistency (Attachment
6) and the proposed Ordinance (Attachment 7).
18
FINANCIAL IMPACT: This request has been reviewed by various County departments who
have determined that the approval of the request would not create the need for additional
funding for the provision of County services. Costs associated with advertising, including the
public hearing notice and mailings, were paid by the applicant in accordance with the 2024-25
Current Planning Application and Review Fees.
RECOMMENDATION: The Planning Director recommends the Board:
1. Receive the rezoning application,
2. Deliberate on the proposal as desired,
3. Consider the Planning Director’s recommendation, and
4. Make a recommendation to the BOCC on the Statement of Consistency (Attachment 6)
and the proposed Ordinance (Attachment 7) in time for the October 7, 2025 BOCC
meeting.
19
20
21
Legal Descriptfon of ALTA SURVEY for FORESTAR (USA) REAL ESTATE GROUP INC.
Metes and bounds descriptfon of Weldon Jackson Rigsbee & Carolyn Rigsbee Tract, as described in Deed
book 2521 at Page 166, further described in Plat book 47 at Page 27 in the Orange County Registry.
Beginning at an IRON PIPE FOUND at the Southwest corner of Rigsbee tract as described in Deed book
2521, Page 166, along the right-of-way of NC HWY 54, having a NAD83 (2011) grid coordinate of N:
790,984.26’ and E: 1,943,136.43;
Thence leaving the right-of-way of NC HWY 54, along and with the Carolina Conference of Seventh-Day
Adventfst Inc property, as described in DB 5801, PG 368, Andre & Mary Ann Ristaino property, as
described in DB 5771, PG 295, and Equity Trust Company Custodian for the Benefit of Andre Ristaino IRA
property, as described in DB 6782, PG 1794, N 22°15'20" E a distance of 2337.29' to a T BAR FOUND;
thence N 22°15'20" E a distance of 6.21' to a COMPUTED POINT in the centerline of a creek;
thence along and with the centerline of the creek S 85°34'14" E a distance of 105.10' to a COMPUTED
POINT;
thence S 63°33'01" E a distance of 84.25' to a COMPUTED POINT;
thence S 63°33'01" E a distance of 44.71' to a COMPUTED POINT;
thence S 51°43'47" E a distance of 77.29' to a COMPUTED POINT;
thence S 84°51'41" E a distance of 68.56' to a COMPUTED POINT;
thence N 57°22'34" E a distance of 47.58' to a COMPUTED POINT;
thence N 46°10'05" E a distance of 48.40' to a COMPUTED POINT;
thence N 28°51'52" E a distance of 23.97' to a COMPUTED POINT;
thence N 81°10'43" E a distance of 31.90' to a COMPUTED POINT;
thence N 89°22'09" E a distance of 27.78' to a COMPUTED POINT;
thence N 70°15'42" E a distance of 47.89' to a COMPUTED POINT;
thence N 87°29'21" E a distance of 48.39' to a COMPUTED POINT;
thence S 84°11'33" E a distance of 34.83' to a COMPUTED POINT;
thence N 14°42'30" E a distance of 36.37' to a COMPUTED POINT;
thence N 74°11'24" W a distance of 60.18' to a COMPUTED POINT;
thence N 20°51'19" W a distance of 44.59' to a COMPUTED POINT;
22
thence N 10°14'48" E a distance of 58.22' to a COMPUTED POINT;
thence N 51°59'57" E a distance of 46.23' to a COMPUTED POINT;
thence N 79°18'58" E a distance of 64.20' to a COMPUTED POINT;
thence N 87°52'33" E a distance of 65.26' to a COMPUTED POINT;
thence S 71°03'31" E a distance of 85.89' to a COMPUTED POINT;
thence S 45°33'25" E a distance of 26.58' to a COMPUTED POINT;
thence N 86°21'59" E a distance of 62.14' to a COMPUTED POINT;
thence N 76°01'58" E a distance of 35.93' to a COMPUTED POINT;
thence S 85°40'46" E a distance of 4.18' to a COMPUTED POINT;
thence leaving the centerline of the creek, S 00°03'27" W a distance of 14.10' to an IRON PIPE FOUND;
thence along and with Lyndon Melvin Whitiield property, as described in DB 6743, PG 81, S 00°03'27" W
a distance of 1039.81' to an IRON PIPE FOUND;
thence along and with Pablo Sicles & Carolina Lopez property, as described in DB 6631, PG 582, Jennifer
Meyer property, as described in DB 6700, PG 2091, and Robert & Flora Davidson property, as described
in DB 3985, PG 590, S 13°45'15" W a distance of 841.99' to an IRON PIPE FOUND;
thence along and with Alex Keyes property, as described in DB 2565, PG 90, and John & Amanda Griffin
property, as described in DB 6621, PG 1839, N 80°00'31" W a distance of 458.05' to an IRON PIPE
FOUND;
thence along and with John & Amanda Griffin property, as described in DB 6621, PG 1839, and Big Show
Propertfes LLC property, as described in DB 5192, PG 392, S 11°52'26" W a distance of 838.76' to a T
POST at the right-of-way of NC HWY 54;
thence along and with NC HWY 54 right-of-way a curve turning to the right with an arc length of
1046.41', with a radius of 3759.72', with a chord bearing of N 73°01'35" W, with a chord length of
1043.04', thence with said curve to an IRON PIPE FOUND;
which is the point of beginning,
having an area of 2787501.84 square feet, 63.992 acres. For further descriptfon see map entftled
PROPERTY OF WELDON J RIGSBEE, GERALDINE F EUBANKS, BERNARD E LLOYD, WILLIAM H LLOYD,
DONALD W LLOYD, BETTY M LLOYD; prepared by Credle Engineering Company Inc, Sidney V. Credle PLS -
1912; said map dated May 1986, and recorded in the Office of the Register of Deeds of Orange County in
Plat book 47.
23
Orange County
January 23, 2025
0 0.1 0.20.05 mi
0 0.2 0.40.1 km
1:7,323
9749422010PIN:
RIGSBEE CAROLYNOWNER 1:
#5-6 RIGSBEE EUBANKS & LLOYDLEGAL DESC:
2521/166DEED REF:
1
BLDG_VALUE:
$30,940LAND VALUE:
$684,437USE VALUE:
$174,140TOTAL VALUE:
63.46 ASIZE:BUILDING COUNT:
$143,200
OWNER 2:
ADDRESS 1:
ADDRESS 2:
1922 ORANGE CHAPEL- CLOVER GARDEN CH RD
CITY:CHAPEL HILL
STATE, ZIP:NC 27516
RATECODE:10
DATE SOLD:02/24/2003
BLDG SQFT:1949
YEAR BUILT:1911 TAX STAMPS:0
TOWNSHIP BINGHAM
This map contains parcels prepared for the inventory of real property within Orange County, and is compiled from recorded deed, plats, and other public records and data.
Users of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on this map.
The county and its mapping companies assume no legal responsibility for the information on this map.
24
APPLICATION DESCRIPTION
Rigsbee Subdivision
Property Located at NC 54W
Bingham Township, NC 27516
County PIN 9749422010 / Approximately 63.99 Acres
The Applicant, Forestar C/O Laura Haywood, seeks to rezone an approximately 63.99
acres parcel of land located on NC54, approximately 1000’ west of White Cross Road
Intersection. The Property is largely undeveloped, with the exception of the home fronting
HWY 54, owned by the seller, Carol Rigsbee. The current zoning is R1, Rural Residential,
and the proposed zoning is R-CD, Residential Conditional District. The proposed
development consists of up to 45 single family units, each with a minimum of 20,000 SF
lot. A NCDOT rural roadway section with 20’ pavement and roadside ditches are proposed.
Various amenities will be scattered throughout the subdivision including using rain gardens
as stormwater management features. A mail Kiosk, natural trails and community gathering
spaces are proposed. On site septic and community well are anticipated. The proposed
open space provided is 55.2%, maintaining a visually appealing design that complements
the surrounding neighborhood and preserves the natural aspects of the region.
The anticipated future growth in the south portion of Orange County makes the
property an ideal location for a subdivision that would serve the existing community and
anticipated future growth. Moreover, as shown in the more detailed plans for the Property
which accompany the Application, the proposed subdivision is designed to fit in with the
character of the area. The site has been designed to address concerns regarding traffic
patterns on NC Highway 54, and there will be no adverse impact on existing traffic in the
area. Furthermore, the site has been designed to comply with all applicable stormwater
management requirements so that neighboring and nearby properties will not be negatively
affected by stormwater post-development.
The design and scale of the proposed subdivision is intended to be consistent with the
character of the surrounding area, and not to dwarf the existing neighboring uses. The large
lot sizes, rain gardens, natural trails and open space provided are intended to blend in with
the existing environment and serve the existing community with access to natural trails.
25
The proposed site development has been designed with the existing built and natural
environment of the area.
26
169776813.1
Exhibit A
Justification Statement in Support of Atlas Map Amendment
The subject property is approximately 63.99 acres located along Highway 54 north of the
intersection with White Coss Road in White Cross. Surrounding and nearby land uses include
homes and farms, American Legion Post No. 6, Fiesta Grill, Bravos Market, Whitecross Mart,
Carrboro Tropicals, Aguilar Tire and Automotive Center, Casework Arts and Stone Services.
Surrounding and nearby properties are zoned Residential-1, Agricultural-Residential,
Neighborhood Commercial, and Local Commercial.
The subject property is zoned Residential-1 (“R-1”). R-1 allows for rural non-farm residential
development at a density of one unit per acre under a conventional subdivision process. We
propose to rezone the property to Residential Conditional District (“R-CD”) to allow for 43
homes with design flexibility in accordance with an associated site plan and written conditions
that address compatibility and harmony with the surrounding area.
The Future Land Use Map of the 2030 Comprehensive Plan designates this property Rural
Residential and includes it in a Rural Community Activity Node. The Rural Residential
encourages low density residential development such as this. The Rural Community Activity
Node acknowledges that the area is appropriate for certain commercial or institutional uses.
Although there are many such uses in this area, none are proposed here.
The 2030 Comprehensive Plan’s Land Use Element of the begins by stating that “a fundamental
and repeated concept expressed throughout each of the Elements of the Comprehensive Plan is
the need to plan for sustainable growth.” Between 2010 and 2020, Orange County’s population
grew by 11%, adding nearly 15,000 new residents. The Plan clearly indicates a need for
additional housing to accommodate the County’s fast-growing population, but also that housing
should be developed thoughtfully with the intention of maintaining the area’s rural character and
critical natural resources. The Rigsbee development is intended to meet this need. The
neighborhood will provide new homes for 43 families while preserving nearly 20 acres of
contiguous land as primary open space for habitat preservation and passive recreation. The
design protects the creek and all associated floodplains and buffers, and incorporates green
stormwater features to infiltrate and clean storm runoff for an added layer of protection. Rigsbee
will also be built outside of prime forest land on a property managed for many years for active
forestry and agriculture. The new community’s open spaces will ultimately protect its most
valuable land to preserve its ecological integrity while also meeting the need for sustainable
long-term growth.
Our goal is to create a thoughtfully designed community at Rigsbee with sustainable practices
integrated throughout, embracing the beauty of its natural setting and its long agricultural history.
Low-impact design and green stormwater management features are incorporated throughout the
community to naturally capture and treat stormwater, following practices designed to protect
nearby Collins Creek and its tributaries so that they remain healthy and clean. We are proposing
up to 43 lots of about 20,000 square feet, each with its own septic system and serviced by a
community well. Homes will be situated along two central spines, all with easy access to a
network of trails and a shared green space with a Great Lawn, covered open air structure for
community gathering, outdoor grill and nature play area, enhancing residents’ sense of
cohesive community and connection to the natural world.
27
2
169776813.1
The history of the property and its surroundings will be reflected in the community’s design
through architecture and material choices, ensuring a strong sense of place. Like many local
properties, the Rigsbee land has been occupied and farmed by the same family for many
generations, most recently as a feed field for the family’s dairy farm. In the 1970s, the Rigsbees
removed the land from active agricultural use and turned to forestry, and it has been actively
harvested by the North Carolina Forest Service ever since. The community’s design will build on
this long history with material choices like oak, hickory and poplar wood, reflecting the timber
that would has historically been harvested here. The design of the homes and Common House
will draw on local architecture, and conversations and writings from the Rigsbee family will be
woven into the neighborhood through elements like place names and markers. The
neighborhood’s landscape will build on its roots in small-scale agriculture with a community
orchard, where residents can pick their own local fruit.
Respect for nature and local ecosystems will be thoughtfully integrated into Rigsbee’s design,
affirming the community’s commitment to preserving the natural environment. The layout will
well exceed all landscape buffer requirements, and open spaces will be planted with a diverse
array of native evergreen, deciduous and understory trees to enhance the ecological value of the
local forest. If stormwater management is required, green stormwater infrastructure will be
seamlessly integrated into the landscape through bioretention features planted with native
perennials to help keep Collins Creek and its tributaries clean and healthy. The features will
allow stormwater to slowly infiltrate into native soil, providing a natural water filter, recharging
wells and preventing stormwater from flooding rivers and streams. They will also provide
habitat for local birds and pollinators, ultimately enhancing the natural ecosystem.
Rigsbee’s meaningful community amenities will provide residents with opportunities to relax,
gather, and explore the natural world. Each home will have easy access to a centrally located
green space with a Great Lawn, outdoor grill, and covered open air structure, providing
opportunities for residents to come together to relax, work, or host events. Residents will stay
active while exploring a network of natural surface trails which will allow community members
to walk, jog or hike through the forest. An overlook over the creek and its wetlands will bring
residents into this unique environment, allowing them to appreciate the natural beauty of their
surroundings.
Community recreation, especially through paths and trails, is an important resource both for this
community and for the County as a whole. The 2014 Orange County Parks and Recreation
Master Plan identified 8 recommendations for the County, including building more trails and
improving open space access to promote healthy lifestyles. These recommendations were
generated from community input and from emerging research in the fields of economic and
public health. Community outreach conducted as part of the Parks and Recreation Master Plan
process found that residents are eager for more opportunities to walk, hike, and bike in nature.
Rigsbee’s trail network will provide ample opportunities for residents to engage in healthy
recreation while promoting community cohesion. The trail network at the Rigsbee Community
will be designed to embrace the site’s natural topography and showcase its most beautiful natural
features. Trails will be constructed with natural surfacing, ensuring minimal impact on nearby
28
3
169776813.1
streams and allowing access for all ages and abilities.
In conclusion, Rigsbee is not simply another residential development, but a community carefully
designed for residents to live in harmony with their natural surroundings. Through green
stormwater design and low-impact accessible trails, the community’s sustainable features will
promote respect and love for the native ecosystem. Through planting native trees, shrubs, and
perennials, the project will ultimately enhance the biodiversity of the landscape. And through
meaningful open spaces, residents will explore their natural surroundings and find a sense of
community belonging. Our goal is to create a place where families will truly enjoy the beauty of
their surroundings.
We respectfully request your support for this Atlas Amendment.
29
Rigsbee Community Narrative
Our goal is to create a thoughtfully designed community at Rigsbee with sustainable practices
integrated throughout, embracing the beauty of its natural setting and its long agricultural histor y.
Low-impact design and green stormwater management features are incorporated throughout the
community to naturally capture and treat stormwater, following practices designed to protect
nearby Collins Creek and its tributaries so that they remain healthy and clean . We are proposing up
to 40 lots of about 20,000 square feet, each with its own septic system but serviced by a
community well. Homes will be situated along two central spines, all with easy access to a network
of trails and a shared green space with a Great Lawn, common house, outdoor kitchen and nature
play area, enhancing residents’ sense of cohesive community and connection to the natural world.
The history of the property and its surroundings will be refiected in the community’s design through
architecture and material choices, ensuring a strong sense of place. Like many local properties, the
Rigsbee land has been occupied and farmed by the same family for many generations, most
recently as a feed fleld for the family’s dairy farm. In the 1970s, the Rigsbees removed the land from
active agricultural use and turned to forestry, and it has been actively harvested by the North
Carolina Forest Service ever since. The community’s design will build on this long history with
material choices like oak, hickory and poplar wood, refiecting the timber that would has historically
been harvested here. The design of the homes and common house will draw on local architecture,
and conversations and writings from the Rigsbee family will be woven into the neighborhood
through elements like place names and markers. The neighborhood’s landscape will build on its
roots in small-scale agriculture with a community orchard, where residents can pick their own local
fruit.
Respect for nature and local ecosystems will be thoughtfully integrated into Rigsbee’s design,
affirming the community’s commitment to preserving the natural environment. The layout will well
exceed all landscape buffer requirements, and open spaces will be planted with a diverse array of
native evergreen, deciduous and understory trees to enhance the ecological value of the local
forest. Green stormwater infrastructure will be seamlessly integrated into the landscape through
two rain gardens planted with native perennials to help keep Collins Creek and its tributaries clean
and healthy. The rain gardens will allow stormwater to slowly inflltrate into native soil, providing a
natural water fllter and preventing stormwater from fiooding rivers and streams. They will also
provide habitat for local birds and pollinators, ultimately enhancing the natural ecosystem.
Rigsbee’s meaningful community amenities will provide residents with opportunities to relax,
gather, and explore the natural world. Each home will have easy access to a centrally located green
space with a Great Lawn, outdoor kitchen, and common house, providing opportunities for
residents to come together to relax, work, or host events. A nature play area with logs, stumps and
boulders will give children a creative play area to explore their surroundings. Residents will stay
active while exploring a network of ADA-accessible trails, which will allow community members to
walk, jog or hike through the forest. Trails will be paved with porous gravel, allowing residents to
explore nature while treading lightly on the land. An overlook over the creek and its wetlands will
bring residents into this unique environment, allowing them to appreciate the natural beauty of
their surroundings.
30
Community recreation, especially through paths and trails, is an important resource both for this
community and for the County as a whole. The 2014 Orange County Parks and Recreation Master
Plan identifled 8 recommendations for the County, including building more trails and improving
open space access to promote healthy lifestyles. These recommendations were generated from
community input and from emerging research in the flelds of economic and public health.
Community outreach conducted as part of the Parks and Recreation Master Plan process found
that residents are eager for more opportunities to walk, hike, and bike in nature. Rigsbee’s trail
network will provide ample opportunities for residents to engage in healthy recreation while
promoting community cohesion. The trail network at the Rigsbee Community will be designed to
embrace the site’s natural topography and showcase its most beautiful natural features. Trails will
be constructed with ADA-compliant porous materials, ensuring minimal impact on nearby streams
and allowing access for all ages and abilities.
We are committed to contributing to the goals of the Orange County Comprehensive Plan . The plan
highlights the challenge of preserving the county’s rural character and cooperative community
values, while also growing to meet economic and housing needs. Rigsbee will provide new homes
to meet growing demand, in a thoughtfully designed community that preserves open space and
encourages respect for the land and its history.
In conclusion, Rigsbee is not simply another residential development, but a community carefully
designed for residents to live in harmony with their natural surroundings. Through green stormwater
design and low-impact accessible trails, the community’s sustainable features will promote
respect and love for the native ecosystem. Through planting native trees, shrubs, and perennials,
the project will ultimately enhance the biodiversity of the landscape. And through meaningful open
spaces, residents will explore their natural surroundings and flnd a sense of community belonging.
Our goal is to create a place where families will truly enjoy the beauty of their surroundings.
31
Rigsbee Subdivision
April 7, 2025
DESIGN INTENT & PRECEDENT IMAGERY
Note: Images are representative of the design intent only and do not reflect actual materials, finishes,
scale, or other details. Final design will be determined at time of construction drawings.
GREEN STORMWATER INFRASTRUCTURE 32
Rigsbee Subdivision
April 7, 2025
DESIGN INTENT & PRECEDENT IMAGERY
Note: Images are representative of the design intent only and do not reflect actual materials, finishes,
scale, or other details. Final design will be determined at time of construction drawings.
COMMUNITY GATHERING SPACES 33
Rigsbee Subdivision
April 7, 2025
DESIGN INTENT & PRECEDENT IMAGERY
Note: Images are representative of the design intent only and do not reflect actual materials, finishes,
scale, or other details. Final design will be determined at time of construction drawings.
NATURAL SURFACE TRAILS 34
Rigsbee Subdivision
April 7, 2025
DESIGN INTENT & PRECEDENT IMAGERY
Note: Images are representative of the design intent only and do not reflect actual materials, finishes,
scale, or other details. Final design will be determined at time of construction drawings.
WETLAND OVERLOOKS AND BOARDWALKS 35
Exhibit A-1
Existing Rigsbee Farmhouse
36
Exhibit A-2
Well House Design
Note: Not to Scale
37
Exhibit B
Mail Kiosk Design
Note: Not to Scale
38
Exhibit C
Community Gathering Space Sample Imagery
39
Construction Schedule
Site will be developed in one phase.
Expected Development Start Date – December 2026
Expected First Houses Construction Date – February 2028
Expected Project Closeout – February 2029
40
From: Matthew Taylor <mtaylor@orangecountync.gov>
Sent: Wednesday, March 26, 2025 9:53 AM
To: Patrick R. Mallett <pmallett@orangecountync.gov>; Donald Sever
<donald.sever@bowman.com>
Cc: Danielle Cabral <danielle.cabral@bowman.com>; Digen Wright <digenwright@ncdot.gov>; Laura
Haywood (LauraHaywood@forestar.com) <LauraHaywood@forestar.com>; Taylor Perschau
<tperschau@orangecountync.gov>; Steele, Nicole <Steele.Nicole@wseinc.com>; Donna Crowder
<DonnaCrowder@forestar.com>; Cotter, Rachel <Cotter.Rachel@wseinc.com>; Gramolini, Allison
<Gramolini.Allison@wseinc.com>; Trahos, Beth <btrahos@foxrothschild.com>; Christopher
Pendergrass <cpendergrass@orangecountync.gov>; Chuck Edwards Contact
<cnedwards@ncdot.gov>; Cy Stober <cstober@orangecountync.gov>
Subject: [EXTERNAL] RE: Rigsbee Subdivision -3531 NC 54 W Chapel Hill Orange County
If the Fire Marshal is ok with access of the private road portions for their apparatuses, then that
should be adequate for Solid Waste for recycling collection and whatever private hauler that
could/would be servicing this development for trash collection.
Matt Taylor
Environmental Enforcement Supervisor
Orange County Solid Waste Management
1207 Eubanks Rd. Chapel Hill, NC 27516
(O): 919-918-4905
41
Efland Trash Service 1 May 2025
1910 Efland Cedar Grove Rd
Efland NC 27243
919-812-9299
DANIELLE CABRAL
4006 Barrett Dr, STE 104, Raleigh, NC 27609
Authorization for Trash Collection Service.
I, Rachel Gibson, General Manager, hereby authorize Efland Trash Service LLC to service two
separate housing communities at the following addresses:
3531 NC 54 W Chapel Hill, Orange County, NC (Rigsbee Subdivision is 43-lot)
3531 NC 54 W Chapel Hill, Orange County, NC will be serviced every Tuesday (we will provide 96
gallon trash cans, per address)
Each unit will be responsibility for payment every month unless otherwise arrangement is agreed.
All units must follow all terms and agreements of Efland Trash Service LLC.
By submitting this authorization letter, I acknowledge that I have the authority to make this
decision.
Rachel Gibson- General manager
Jessica Bollinger- Owner
David Bollinger- Owner
42
Orange County Planning & Inspections Department
131 W. Margaret Lane, Suite 200, Hillsborough, NC 27278
919-245-2575 or planningapps@orangecountync.gov
Environmental Assessment
Please check all applicable boxes and complete the required documentation.
Additional information is contained in Section 2.25 of the Unified Development Ordinance (UDO).
If completing by hand, please use black or blue ink.
* Please fill out all required fields
An Environmental Assessment (EA) shall be required for each individual parcel proposed for development consistent with applic able criterial as detailed
within the UDO.
Date: ____________________
Contact Information*
Property Owner(s):
Mailing Address:
Phone: Email:
Applicant (if different than property owner):
Mailing Address:
Email: Phone:
I. Property Information*
Parcel ID Number (PIN):
Address:
Acreage: Township:
Zoning District:
Watershed Overlay:
Other Overlay:
II.General Site Information*
A. Adjacent Property
Zoning North: South:
East: West:
Land Use North: South:
East: West:
B. Topography
Highest Elevation:
Lowest Elevation:
General direction of slope:
43
Estimated % of property with:
0 – 5% slope:
5 – 15% slope:
15 – 25% slope:
More than 25% slope:
C. Water Features and Drainage
The following water features are located on the property:
Streams Wetlands Ponds Drainage Easements Special Flood Hazard Area
Describe
(attach additional sheets if needed)
D. Does the property contain any of the following Inventory of Natural or Cultural Resources?
As identified in the “Inventory of Sites of Cultural, Historical, Recreational, Biological, and Geological
Significance in the Unincorporated Portions of Orange County” or the “Inventory of Natural Areas and
Wildlife Habitats of Orange County, North Carolina”.
1.Cemeteries Yes No
2.Archaeological sites Yes No
3.Historic sites Yes No
4.Areas of geological significance Yes No
5.Designated natural areas Yes No
6.Designated habitat Yes No
For each yes answer above, please indicate the location on the site plan and complete Attachment A.
III.Project Description*
A. Describe proposed use of property:
B. Number of lots:
C. Number of structures:
44
45
C. Will the project involve a land application system for treatment of wastewater?
Yes No - If yes, describe
Has an application for a non-discharge permit been submitted to the NC
Department of Environmental Management or Orange County Department of
Environmental Health? Yes No
D. Is a septic tank system proposed which has a design capacity of more than
3,000 gallons per day?
Yes No - If yes, describe
E. Does the activity involve sludge disposal? Yes No
If yes, where is the source of the sludge?
Describe where and how the sludge is being disposed
Has a NPDES permit from the NC Division of Environmental Quality been issued?
Yes No
F. Water Usage
Estimated number of employees: x 25 gallons per day (gpd) = ______ gpd
Estimated water use for climate control = gpd
Process Water
% Consumed
% Discharged to septic system
% Discharged to surface (including storm sewers) - Describe:
% Evaporated
% Reclaimed/reused
% Other
= 100%
Water used for cooling, heating, etc., in association with production or manufacturing
% Reused
% Consumed
% Discharged - Describe:
= 100%
gpd Total Water Usage
Describe source of water:
46
Attachment A*
To be completed only if inventory sites are identified in I.D.
(attach additional sheets if necessary)
1.a. Impact on Resource from Proposed Development
1.b. Proposed Mitigation
2.a. Impact on Resource from Proposed Development
2.b. Proposed Mitigation
Certification and Signatures*
Statement by Applicant - I certify that the information presented by me in this application is accurate to
the best of my knowledge, information, and belief.
__________________- Entitlements Manager, Forestar____ __04.02.2025_____________________________________________
Applicant Date
47
BACTERIOLOGICAL ANALYSIS
Note: All applicable information must be supplied for compliance credit.
Pace Analytical Services, LLC.
205 East Meadow Rd, Suite A
Eden, NC 27288
Phone: (336) 623-8921
Fax: (336) 623-5878
Water System Number:
Name of Water System:
NC --County:
System Type:Water Source:— OR —Distribution System — Revised Total Coliform Rule (RTCR)
Sample Type:
Facility ID: D01
Routine (RT)
Sample Point:
Source Water — Ground Water Rule (GWR)
Sample Type:
Facility ID:
Triggered (TG)
Collected — BY:DATE:0 9 / /21 42 TIME::01 ,03 ma
Mail Results to (water system representative):
Yadkin Well Company -David Brown
1908 Hamptonville Road
Hamptonville, NC 27020
Phone #:
Fax #:
Responsible Person's email:
davidbrown@yadkinwell.com
33 6
Repeat (RP)Special / Non-compliance (SP)
Location Code:Tap Location:Well Head #2
Routine Original (RTOR) Repeat-Original Tap (RPOR)Repeat-Upstream (RPUP)Repeat-Downstream (RPDN)
X
Additional/Confirmation (CO)Assessment(RT) Triggered/Distribution Repeat (TD)*
* for systems with a population < 1,000
Sample Point:
864 44 4 0
Complete for Repeat, Triggered, or Additional / Confirmation Samples:
Previous Positive Laboratory ID Number:
" Positive Laboratory Log Number:
" Positive Location Code:
" Positive Collection Date://
Disinfectant Used:
Total Chlorine Residual (chloramines):
Free Chlorine Residual (chlorine):mg/L
mg/L
Street Address:Chapel HillCity:
Check ( ) if sample site is owned or controlled by water system.
Check ( ) if sample site is a daycare or a K-12 school.
Laboratory ID Number:3 7 7 3 8
CONTAM
CODE
3100
3014
3002
3028
3013
3001
CONTAMINANT
Total Coliform
E. coli
Enterococci
Coliphage
Fecal Coliform
Heterotrophic P.C.3
METHOD
CODE RULE
9223B
9223B
GWR
GWR
TCR
RTCR/GWR
RTCR/GWR
RESULTS
Present 1,2 Absent
X
X
1If fecal, E. coli, enterococci or coliphage is present, lab must fax results to the State on day test completed. 2If total coliform bacteria is present, lab must fax results to the State
within 24 hours. 3If HPC is absent, enter a "0" left of the "cfu/mL or MPN" units; if present, enter a whole number. 4Explain invalid code below in comments.
cfu/mL or MPN
Analyses Begun — DATE:
Analyses Completed — DATE:
p900 m44//42 612TIME:
4/20/9 31
:
TIME:1 5:m5p2
,
,
(Date as: mm/dd/yy)
(Time as: h:mm am/pm)
Laboratory Log Number:92753076001MBIO Certified By:Jessica Mize
COMMENTS:
Invalid
Code INVALID CODES:
1
2
3
4
5
Confluent Growth /
No Coliform Growth Found
TNTC/No Coliform Growth Found
Over 30 Hours Old
Improper Sample or Analysis4
Turbid Culture /
No Coliform Growth Found
Repeat Samples Required from Client Resample Required from Client
NCDEQ
Public Water Supply Section
F-CAR-CS-022-rev.01, 8/3/2016
2016
Rigsbee Well #2
Orange
Hwy 54
Kenny Reavis
48
Pace Analytical Services, LLC.
205 East Meadow Rd, Suite A
Eden, NC 27288
Phone: (336) 623-8921
Fax: (336) 623-5878
NEW WELL INORGANIC CHEMICAL ANALYSIS
Note: All information must be supplied for plan review credit.
WATER SYSTEM ID#:--County:
Name of Water System:
Sample Type:Entry Point Non-compliance
Location Where Collected:
Facility ID No.:
Hose Bib Well #2
Collected By:/0 /1
Collection Date Collection Time
9 2 42
(MM/DD/YY)
M230A1: ,
(Specify AM or PM)
Sample Point:
(Note: Compliance sample MUST be collected at the entry point.
1908 Hamptonville Road
(Please Print)
Mail Results to (water system representative):
Yadkin Well Company - David Brown
Hamptonville, NC 27020
Phone #:
Fax #:
Responsible Person's email:
davidbrown@yadkinwell.com
( )
)336(468-4440
RESAMPLE REQUIRED8737LABORATORY ID #:SAMPLE UNSATISFACTORY3
CONTAM
CODE CONTAMINANT
1005
1010
Arsenic
Barium
METHOD
CODE
200.8
200.8
REQUIRED
REPORTING LIMIT
(R.R.L.)
NOT DETECTED
(i.e. < R.R.L)
(X)
0.005
0.400
mg/L
mg/L
X
X
QUANTIFIED
RESULTS
ALLOWABLE
LIMIT*
mg/L
mg/L
0.010 mg/L
mg/L2.000
.
1020
1015
Chromium
Cadmium
Fluoride
1024 Cyanide
1025
Manganese
1028 Iron
1032
1035 Mercury
Lead
1031 Magnesium
1030
Copper
1016 Calcium
1022
Turbidity
1017 Chloride
0100
200.8
200.8
4500CN-E
300.0
200.7
200.8
245.1
200.7
200.8
200.7
200.8
300.0
SM 2130B-
0.001
0.020
0.100
0.050
0.010
0.060
0.0004
0.003
1.0
0.050
1.0
0.10
5.0
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
X mg/L mg/L0.005
0.100mg/L mg/LX
mg/L0.200mg/LX
mg/L 4.000 mg/L
mg/L 0.300 mg/L
mg/L 0.050 mg/L
X
X
X
X
.
.
.
.
0.002mg/L mg/L
N/A
0.015
N/A
250.0
mg/L
N/A
mg/L
1.300
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
0 4 0. 0 0
0 1 5. 0 0
0 1 1. 0 0
.
1 0 2 0. 0
.
5 3 1 0. 0
.
2 7 8 0. 0
.
mg/L
*Note: Concentrations for Lead and Copper are action levels, not MCLs.
Laboratory should mail results to:
Public Water Supply Section, Attn: Data Entry, 1634 Mail Service Center, Raleigh, NC 27699-1634
Fax: 919.715.6637
2008 Page 1 of 2
Rigsbee Well #2
Orange
Kenny Reavis
X
49
Pace Analytical Services, LLC.
2225 Riverside Drive
Asheville, NC 28804
Phone: (828) 254-7176
Fax: (828) 252-4618
NEW WELL INORGANIC CHEMICAL ANALYSIS (continued)
Note: All information must be supplied for plan review credit.
Facility ID No.:
/0 /1
Collection Date Collection Time
9 2 42
(MM/DD/YY)
M230A1: ,
(Specify AM or PM)
WATER SYSTEM ID#:--County:
Sample Point:
Name of Water System:
2737LABORATORY ID #:1
CONTAM
CODE CONTAMINANT
1930
1040
Total Dissolved Solids
Nitrate
METHOD
CODE
2540C
HACH 10206
REQUIRED
REPORTING LIMIT
(R.R.L.)
NOT DETECTED
(i.e. < R.R.L)
(X)
10.0
1.00
mg/L
mg/L X
QUANTIFIED
RESULTS
ALLOWABLE
LIMIT*
mg/L
mg/L
500.0 mg/L
mg/L10.00
2 4 3 0 0. 0
1915
1041
Total Hardness
Nitrite
Alkalinity
1050 Silver
1927
Acidity
1095 Zinc
1068
Nickel
1905 Color
1036
Sodium
1045 Selenium
1052
Antimony
1055 Sulfate
1074
Thallium
1075 Beryllium
1085
pH1925
4500NO2-B
200.7
200.8
2320B
200.8
2310B
SM 2120B-
200.8
200.8
200.7
300.0
200.8
200.8
200.8
4500H-B
0.10
1.0
1.0
0.05
1.0
1.0
0.100
5
1.0
0.010
0.003
15.0
0.001
0.002
N/A
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
X mg/L mg/L1.00
N/Amg/L
mg/L0.100mg/LX
mg/L
N/A
mg/LX 5.0 mg/L
mg/L N/A
X
X
X
X
X
X
X
.
.
1 7 4 0 0. 0
.
15mg/L mg/L
N/A
0.050 mg/L
N/A
6.5-8.5
0.002
0.004
mg/L
250.0
mg/L
mg/L
mg/L
0.006
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
units
1 7 1 0 0. 0
.
6 1 0. 0 0
.
.
.
2 4 7 0. 0 0
.
.
.
.
8 1 0. 0 0
*Note: Concentrations for Lead and Copper are action levels, not MCLs.
DATE:TIME:
/0 /19 2 43
(MM/DD/YY)
M311A1:
(Specify AM or PM)
,
/1 /00 2 43
(MM/DD/YY)
M602P1:
(Specify AM or PM)
,
ANALYSES BEGUN:
ANALYSES COMPLETED:
Laboratory Log #:92753084001
COMMENTS:
Certified By:Jessica Mize
(Print and sign name)
Laboratory should mail results to:
Public Water Supply Section, Attn: Data Entry, 1634 Mail Service Center, Raleigh, NC 27699-1634
Fax: 919.715.6637
2008 Page 2 of 2
Rigsbee Well #2
Orange
50
Pace Analytical Services, LLC.
8 East Tower Circle
Ormond Beach, FL 32174
Phone: (386) 672-5668
Fax: (386) 673-4001
VOLATILE ORGANIC CHEMICALS (VOCs) ANALYSIS
Note: All information must be supplied for compliance credit.
WATER SYSTEM ID#:--County:
Name of Water System:
Sample Type:Entry Point Special/Non-compliance
Location Where Collected:
Facility ID No.:
Hose Bib Well #2
Collected By:/0 /1
Collection Date Collection Time
9 2 42
(MM/DD/YY)
M630A1: ,
(Specify AM or PM)
Sample Point:
1908 Hamptonville Road
(Please Print)
Mail Results to (water system representative):
Yadkin Well Company - David Brown
Hamptonville, NC 27020
Phone #:
Fax #:
Responsible Person's email:
davidbrown@yadkinwell.com
( )
)336(468-4440
RESAMPLE REQUIRED0712LABORATORY ID #:SAMPLE UNSATISFACTORY1
CONTAM
CODE CONTAMINANT
2378
2380
1,2,4-Trichlorobenzene
Cis-1,2-Dichloroethylene
METHOD
CODE
524.2
524.2
REQUIRED
REPORTING LIMIT
(R.R.L.)
NOT DETECTED
(i.e. < R.R.L)
(X)
0.0005
0.0005
mg/L
mg/L
X
X
QUANTIFIED
RESULTS*
ALLOWABLE
LIMIT
mg/L
mg/L
0.07 mg/L
mg/L0.07
.
2964
2955
Dichloromethane
Xylenes (Total)
p-Dichlorobenzene
2968 o-Dichlorobenzene
2969
1,1,-Dichloroethylene
2976 Vinyl Chloride
2977
1,2-Dichloroethane
2979 Trans-1,2,-Dichloroethylene
2980
Carbon Tetrachloride
2981 1,1,1-Trichloroethane
2982
Trichloroethylene
2983 1,2-Dichloropropane
2984
2985 1,1,2-Trichloroethane
524.2
524.2
524.2
524.2
524.2
524.2
524.2
524.2
524.2
524.2
524.2
524.2
524.2
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
X mg/L mg/L10.00
0.005mg/L mg/LX
mg/L0.60mg/LX
mg/LX 0.075 mg/L
mg/LX 0.002 mg/L
mg/LX 0.007 mg/L
X
X
X
X
X
X
X
.
.
.
.
0.10mg/L mg/L
0.005
0.20 mg/L
0.005
0.005
mg/L
0.005
mg/L
mg/L
mg/L
0.005
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
.
.
.
.
.
.
.
.
.
.
mg/L
0 0 0 1 8.0
Benzene
0.10
mg/L
2996
X
2991
2990
0.10mg/L
.
X
Styrene
Ethylbenzene
mg/L
mg/L
524.2
524.2
0.0005
0.0005
mg/L
2987 Tetrachloroethylene
0.0005
.
0.005
.X
0.005
mg/L
0.0005
.
1.00
524.2 mg/L
mg/L
.
mg/L
524.2
Toluene
mg/L
524.2
0.70
0.0005
mg/L
mg/L
mg/L
X
524.2
mg/L
mg/L
mg/L
X
mg/L
0.0005
Chlorobenzene2989
mg/L
2992
*Note: If result exceeds allowable limit, the laboratory must fax analytical results to the State within 48 hours.
DATE:TIME:
/0 /29 2 44
(MM/DD/YY)
M522P0:
(Specify AM or PM)
,
/0 /29 2 44
(MM/DD/YY)
M522P0:
(Specify AM or PM)
,
ANALYSES BEGUN:
ANALYSES COMPLETED:
Laboratory Log #:92753084002
COMMENTS:
Certified By:Jessica Mize
(Print and sign name)
Laboratory should mail results to:
Public Water Supply Section, Attn: Data Entry, 1634 Mail Service Center, Raleigh, NC 27699-1634
Fax: 919.715.6637
2008
Orange
Rigsbee Well #2
X
Kenny Reavis
51
Pace Analytical Services, LLC.
8 East Tower Circle
Ormond Beach, FL 32174
Phone: (386) 672-5668
Fax: (386) 673-4001
PESTICIDES AND SYNTHETIC ORGANIC CHEMICALS (SOCs)
Note: All information must be supplied for compliance credit.
WATER SYSTEM ID#:--County:
Name of Water System:
Sample Type:Entry Point Special/Non-compliance
Location Where Collected:
Facility ID No.:
Hose Bib Well #2
Collected By:/0 /1
Collection Date Collection Time
9 2 42
(MM/DD/YY)
M530A1: ,
(Specify AM or PM)
Sample Point:
1908 Hamptonville Road
(Please Print)
Mail Results to (water system representative):
Yadkin Well Company - David Brown
Hamptonville, NC 27020
Phone #:
Fax #:
Responsible Person's email:
davidbrown@yadkinwell.com
( )
)336(468-4440
RESAMPLE REQUIRED0712LABORATORY ID #:SAMPLE UNSATISFACTORY1
CONTAM
CODE CONTAMINANT
2005
2010
Endrin
Lindane
METHOD
CODE
525.3
525.3
REQUIRED
REPORTING LIMIT
(R.R.L.)
NOT DETECTED
(i.e. < R.R.L)
(X)
0.00001
0.00002
mg/L
mg/L
X
X
QUANTIFIED
RESULTS*
ALLOWABLE
LIMIT
mg/L
mg/L
0.002 mg/L
mg/L0.0002
.
2020
2015
Toxaphene
Methoxychlor
Di(2-ethylhexyl)adipate
2031 Dalapon
2035
Simazine
2036 Oxamyl(vydate)
2037
Dinoseb
2040 Picloram
2041
Carbofuran
2042 Hexachlorocyclopentadiene
2046
Alachlor
2050 Atrazine
2051
2065 Heptachlor
525.3
505
515.3
525.3
531.2
525.3
515.3
515.3
525.3
531.2
525.3
525.3
525.3
0.0001
0.001
0.0006
0.001
0.00007
0.002
0.0002
0.0001
0.0009
0.0001
0.0002
0.0001
0.00004
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
X mg/L mg/L0.04
0.003mg/L mg/LX
mg/L0.2mg/LX
mg/LX 0.4 mg/L
mg/LX 0.2 mg/L
mg/LX 0.004 mg/L
X
X
X
X
X
X
X
.
.
.
.
0.5mg/L mg/L
0.007
0.05 mg/L
0.04
0.0004
mg/L
0.003
mg/L
mg/L
mg/L
0.002
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
.
.
.
.
.
.
.
.
.
.
mg/L
*Note: If result exceeds allowable limit, the laboratory must fax analytical results to the State within 48 hours.
Laboratory should mail results to:
Public Water Supply Section, Attn: Data Entry, 1634 Mail Service Center, Raleigh, NC 27699-1634
Fax: 919.715.6637
2008 Page 1 of 2
Rigsbee Well #2
X
Orange
Kenny Reavis
52
Pace Analytical Services, LLC.
8 East Tower Circle
Ormond Beach, FL 32174
Phone: (386) 672-5668
Fax: (386) 673-4001
PESTICIDES AND SYNTHETIC ORGANIC CHEMICALS (SOCs)
Note: All information must be supplied for compliance credit.
Facility ID No.:
/0 /1
Collection Date Collection Time
9 2 42
(MM/DD/YY)
M530A1: ,
(Specify AM or PM)
WATER SYSTEM ID#:--County:
Sample Point:
Name of Water System:
*Note: If result exceeds allowable limit, the laboratory must fax analytical results to the State within 48 hours.
CONTAM
CODE CONTAMINANT
2067
2105
Heptachlor Epoxide
2,4-D
METHOD
CODE
525.3
515.3
REQUIRED
REPORTING LIMIT
(R.R.L.)
NOT DETECTED
(i.e. < R.R.L)
(X)
0.00002
0.0001
mg/L
mg/L
X
X
QUANTIFIED
RESULTS*
ALLOWABLE
LIMIT
mg/L
mg/L
0.0002 mg/L
mg/L0.07
.
2274
2110
Hexachlorobenzene
2,4,5-TP (Silvex)
Benzo(a)pyrene
2039 Di(2-ethylhexyl)phthalate
2306
PCB's
(as decachlorobiphenol)
2326 Pentachlorophenol
2383
Ethylene Dibromide (EDB)
2931 DBCP
2946
2959 Chlordane
515.3
525.3
525.3
525.3
515.3
505
504.1
504.1
505
0.0002
0.0001
0.00002
0.00132
0.0001**
0.00004
0.00001
0.00002
0.0002
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
X mg/L mg/L0.05
0.001mg/L mg/LX
mg/L0.006mg/LX
mg/LX 0.0002 mg/L
mg/LX 0.001 mg/L
mg/LX 0.0005 mg/L
X
X
X
.
.
.
.
0.0002mg/L mg/L
0.00005
0.002 mg/L
mg/L
mg/L
.
.
.
.
.
.
mg/L
**Note: R.R.L. (mg/L) for PCB screening are as follows: Aroclor 1016 - 0.00008, Aroclor 1221 - 0.02, Aroclor 1232 - 0.0005,
Aroclor 1242 - 0.0003, Aroclor 1248 & 1254 - 0.0001, Aroclor 1260 - 0.0002
DATE:TIME:
/0 /19 2 45
(MM/DD/YY)
M830P1:
(Specify AM or PM)
,
/0 /19 2 48
(MM/DD/YY)
M946P0:
(Specify AM or PM)
,
ANALYSES BEGUN:
ANALYSES COMPLETED:
Laboratory Log #:92753084003
COMMENTS:
Certified By:Jessica Mize
(Print and sign name)
Laboratory should mail results to:
Public Water Supply Section, Attn: Data Entry, 1634 Mail Service Center, Raleigh, NC 27699-1634
Fax: 919.715.6637
2008 Page 2 of 2
Orange
Rigsbee Well #2
53
Pace Analytical Services, LLC.
1638 Roseytown Rd. Suites 2, 3, & 4
Greensburg, PA 15601
Phone: (724) 850-5600
Fax: (724) 850-5601
RADIOLOGICAL ANALYSIS
Note: All information must be supplied for compliance credit.
WATER SYSTEM ID#:--County:
Name of Water System:
Sample Type:Single Sample - Entry Point Special/Non-compliance
Location Where Collected:
Facility ID No.:
Well Head #2
Collection Date
Period Collected
By
Date Time
(MM/DD/YY)(Specify AM or PM)
Single or
1st Qtr
2nd Qtr
3rd Qtr
4th Qtr
1/ /202 49
/ /
/ /
/ /
4 MA2,1 0 :
M,:
M,:
M,:
Sample Point:
Composite Sample - Entry Point
1908 Hamptonville Road
Mail Results to (water system representative):
Yadkin Well Company - David Brown
Hamptonville, NC 27020
Phone #:
Fax #:( )
)336(468-4440
Responsible Person's email:
davidbrown@yadkinwell.com
RESAMPLE REQUIRED6742LABORATORY ID #:SAMPLE UNSATISFACTORY0
CONTAM
CODE CONTAMINANT
4002
4004
Gross Alpha
Radon
METHOD
CODE
900
REQUIRED
REPORTING LIMIT
(R.R.L.)
NOT DETECTED
(i.e. < R.R.L)
(X)
3
100
pCi/L
pCi/L
X
QUANTIFIED
RESULTS*
ALLOWABLE
LIMIT
pCi/L
pCi/L
15 pCi/L
N/A
.
4010
4006
Combined Radium
Uranium
Radium 228
4020 Radium 226
4030
Gross Beta
4044 Potassium 40 (Total)
4100
Strontium 89
4102 Tritium
4172
Iodine 131
4174 Strontium 90
4264
4270 Cesium 134
D5174-97
N/A
903.1
904.0
0.67
N/A
1
1
4
10
1,000
1
2
10
pCi/L
pCi/L
pCi/L
pCi/L
pCi/L
pCi/L
pCi/L
pCi/L
pCi/L
pCi/L
X pCi/L pCi/L20.1
5pCi/L pCi/L
pCi/L3pCi/LX
pCi/L 2 pCi/L
pCi/L
pCi/L 50 pCi/L
.
2 4 8.
.
20,000pCi/L pCi/L
N/A
8 pCi/L
N/A
N/A
pCi/L
pCi/L
pCi/L
pCi/L
1 6 1.
.
.
.
.
.
.
COUNTING
ERROR
N/A
90 1.
00 **.
01 6.
60 4.
40 2.
.
.
.
.
.
.
*Note: If result exceeds allowable limit, the laboratory must fax analytical results to the State within 48 hours.
**Note: Not applicable if using ICP-MS.
DATE:TIME:
/0 /29 2 45
(MM/DD/YY)
M311A1:
(Specify AM or PM)
,
/1 /00 2 43
(MM/DD/YY)
M922P1:
(Specify AM or PM)
,
ANALYSES BEGUN:
ANALYSES COMPLETED:
Laboratory Log #:92753080001
COMMENTS:
Certified By:Jessica Mize
(Print and sign name)
Laboratory should mail results to:
Public Water Supply Section, Attn: Data Entry, 1634 Mail Service Center, Raleigh, NC 27699-1634
Fax: 919.715.6637
2008
Orange
Rigsbee Well #2
X
Kenny Reavis
54
OrderID: 022405321
Page 3 Of 3
55
28 July 2025
Ms. Laura Haywood
Entitlements Program Manager
Forestar – Carolinas East Division
VIA E-mail: LauraHaywood@forestar.com
RE: Rigsbee – Orange County, NC – Proposed Community Well Drawdown: Impacts to Adjacent
Single Use Wells: Preliminary
Ms. Haywood:
Pursuant to your request, Spangler Environmental, LLC, an Earth Systems Company (SEL) has
completed a preliminary evaluation of the potential effect of the proposed residential development’s
community well on adjacent, single use wells, if any. The below summary is based only on a preliminary
evaluation of the raw data collected during ambient conditions (i.e. prior to draw down of the
proposed community well), as well as direct observations documented during and following the
drawdown of the proposed community well. The results of ongoing modeling that has been initiated
using AQTESOLV (Advanced Aquifer Test Analysis Software; Aquifer Test SOVer) to determine the
transmissivity and storativity, which, once determined, will be input into the NCDEQ-DWR Reverse-
Time Drawdown Analysis to calculate drawdowns at varying distances from
the proposed community well. The results of this analysis will be provided
upon completion of the modeling, which are expected to support the results
of the raw data analysis detailed below, which clearly show that even
significant withdrawals from the Proposed Community Well have no impacts
on neither shallow, nor deep adjacent wells.
Background/ambient conditions:
Ambient conditions are those that are currently, typically occuring, without
any new inputs. As shown in the attached Figure 1, the Rigsbee Well is
approximately 600 feet west/northwest of the Proposed Community Well
and the Griffin Well is approximately 660 feet north/northeast of the
Proposed Community Well. Ambient data were collected at all three wells
between 13 and 28 June 2025 using Well Sounder 2010 PRO devices, which
are manufactured by Eno Scientific, LLC in Hillsboro, NC. As depicted in
Illustration 1, these devices use sound waves to record static water surface
depths within wells, relative to ground level and/or well head elevations.
Additional ambient data was collected at the Rigsbee and Griffin Wells prior
to, during and after the drawdown testing of the Proposed Community Well,
which was completed between 1100 on 16 July 2025 and 1100 on 17 July
2025. Data collection at the Rigsbee and Griffin Wells continued to be
collected until 25 July 2025. Illustration 1
56
As shown on its Orange County Existing Well/Septic System Authorization, the Rigsbee Well is 505
feet deep, with a 35-foot well casing and a static water depth of 25 feet. While no formal permit data
were available for the Griffin Well (i.e., it appears to pre-date the Orange County Database/Permitting
Requirement), the owner indicated that, to his knowledge, the Griffin Well depth is 75 feet, with the
pump at 65 feet and the static water depth at 35 feet. As shown in the Yadkin Well Company’s report
(Appendix 1), the Proposed Community Well depth is 665 feet, its static well level is 33 feet below the
top of the casing and the casing extends 2 feet above the ground surface.
As shown in Graph 1, between 13 and 27 June 2025 the Rigsbee Well static water depth below the
surface ranged from 23.49 to 105.01 and averaged 35.01. The depth to water regularly fluctuated
from approximately 23 feet and approximately 45 feet below the surface throughout the monitoring
period, indicating this is the well’s normal variation. However, there were notable, more significant
fluctuations between 14 and 16 June 2025. On 14 June, between 0554 and 1004, the depth to water
dropped from 24.43 feet below the surface, to 91.23 feet. After a rapid rise to 57.08 feet at 1509 there
was another rapid drop to 87.04 feet at 1554, before again rising rapidly to 24.49 at 0624 on 15 June.
Again, on 15 June the water surface elevation dropped from 23.76 feet below the surface at 0734, to
105.01 feet at 1539, with a small recovery in between. Then, by 0609 on 16 June, the depth to water
rose again to 23.82 feet. Although the Rigsbee Well exhibited a normal variation in depth to water of
approximately 22 feet, the monitoring documented that under “ordinary use” the depth to water
occasionally fluctuated more dramatically. The magnitude of these transient fluctuations were up to
about four times that of the routine variation.
57
The Griffin Well, on the other hand, exhibited a regular fluctuation in water depth below the surface
ranging from 34.98 to 41.7 and averaging 35.01 between 13 and 27 June 2025. In addition to the
approximately 6.75-foot normal variation, transient fluctuations documented in the Griffen Well
during the monitoring period, were less than about 3 feet in excess of the normal variation.
Adjacent well surface elevations before, during and after drawdown:
As stated above, drawdown of the proposed community well was completed between 1100 on 16 July
2025 and 1100 on 17 July 2025 (Appendix 1). Data collection at the Rigsbee and Griffin Wells began
on 7 July and continued until 25 July 2025. The drawdown confirmed that the proposed community
well has a steady state (i.e., the balance of withdrawal and groundwater recharge, with no change to
water surface elevation) of approximately 90 gallons per minute.
As depicted in Graphs 2 and 3, no water level changes beyond the normal variations discussed above
were documented in either the Rigsbee Well or the Griffin Well during drawdown to either maximum
well depth (i.e., 606 feet below the surface) or steady state withdrawal (i.e. 90 gallons/minute), as well
as during the subsequent recovery period.
58
Preliminary Conclusions:
As detailed above, the depth to water within the adjacent Rigsbee and Griffin Wells was continuously
monitored before, during and after drawdown of the Proposed Community Well. No water level
changes beyond the normal variations recorded in Rigsbee and the Griffin Wells occurred during
maximum drawdown, steady state withdrawal, or subsequent recovery of the Proposed Community
Well. As such, it is anticipated that the analytical modeling will further demonstrate that use of the
Proposed Community Well consistent with State regulations to serve the proposed Rigsbee Residential
Development will not negatively impact adjacent wells.
Should you have any questions, or require further clarification, please let me know.
Sincerely,
Spangler Environmental, LLC
Ward Marotti
Director: Natural Resources
59
Appendix 1
60
61
62
0 150 30075
SCALE: 1" = 150'
3531 NC HWY 54 W
CHAPEL HILL
ORANGE COUNTY, NORTH CAROLINA
TOPOGRAPHIC - WELL ELEVATIONSCANOY SURVEYING
AERIAL IMAGERY SHOWN FROM DATA DOWNLOADED AT:
https://www.nconemap.gov/
Figure 1.
Rigsbee Well
Proposed Community Well
Griffin Well
63
Appendix 1
64
Water Narrative
The potable water system for the proposed development will consist of one onsite community well to
supply water for the development. The design basis is to provide high quality potable water for the future
residents of the Rigsbee property subdivision. The design is based on minimum NCDEQ standards and
regulations. The system is sized for 40 single-family detached residences. The system is sized for
residential peak flows per NCDEQ guidelines.
The system will consist of a well house, well pump, hydropneumatic tank, liquid chlorine disinfection,
greensand filtration (or equivalent) filters, valving and appurtenance. The water quality report received
during testing of well indicated the water source was over the allowable limits for manganese. A
greensand (or equivalent) filtration system is proposed to reduce the manganese concentrations below the
allowable limits. In addition, the water will be disinfected with liquid chlorine. The water will be stored in
a hydropneumatics storage tank that will provide the necessary storage required and regulate the pressure
of the distribution system.
Septic Narrative
The subdivision proposed disposing of wastewater effluent by individual onsite systems designed to 15A
NCAC 18E Wastewater Treatment and Dispersal systems and Orange County Rules for Onsite
Wastewater Treatment and Dispersal Systems. Based on a preliminary soils analysis, each site is
anticipated to utilize conventional disposal methods (trench systems). Each home will have a septic tank
sized for the proposed number of bedrooms and if necessary, a pump tank. Influent will flow into the
septic which will provide both treatment and solids removal. An effluent filter will be installed at the
outlet end to prevent solids from leaving the tank. It will then either gravity to the drain field or flow into
a pump tank. The pump tank if required will house the equipment required to pump the septic tank
effluent to the pressure manifold which will proportionally direct the effluent to the drain field. As
reference, there are surrounding neighborhoods (Heritage Hills, Rolling Hills, Rolling Woods and
Dogwood) that have minimum 20,000 sf lots utilizing onsite septic systems.
P.O. Box 129
Morrisville, NC 27560
(919) 467-1239
501 Cascade Pointe Lane
Suite 103
Cary, NC 27513
www.macconnellandassoc.com
MacCONNELL & Associates, P.C.
"Engineering Today For Tomorrow's Future"
65
C-101
& Associates, P. C.
MacCONNELL
Z:\T-Drive (Projects)\Library\2024\C23802.00 - Forestar Group, Inc. - Rigsbee Property, Orange County - Due Diligence\Drawings\Water System\C23802.00 - Rigsbee Property - Septic Field Designs - Base.dwg Jun 20, 2025 2:13pm
YMT
C23802.00
06/20/25
FORESTAR GROUP, INC.
SAMPLE SEPTIC FIELDS
ORANGE COUNTY, NC
501 CASCADE POINTE LANE, SUITE 103
CARY, NORTH CAROLINA 27513
P. O. BOX 129
MORRISVILLE, NORTH CAROLINA 27560
TEL: (919) 467-1239 FAX: (919) 319-6510 NOTESLEGENDSAMPLE SEPTIC
SYSTEM - LOT 2 66
C-102
& Associates, P. C.
MacCONNELL SAMPLE SEPTIC
SYSTEM - LOT 9
Z:\T-Drive (Projects)\Library\2024\C23802.00 - Forestar Group, Inc. - Rigsbee Property, Orange County - Due Diligence\Drawings\Water System\C23802.00 - Rigsbee Property - Septic Field Designs - Base.dwg Jun 20, 2025 2:13pm
YMT
C23802.00
06/20/25
FORESTAR GROUP, INC.
SAMPLE SEPTIC FIELDS
ORANGE COUNTY, NC
501 CASCADE POINTE LANE, SUITE 103
CARY, NORTH CAROLINA 27513
P. O. BOX 129
MORRISVILLE, NORTH CAROLINA 27560
TEL: (919) 467-1239 FAX: (919) 319-6510 NOTESLEGEND67
C-103
& Associates, P. C.
MacCONNELL
Z:\T-Drive (Projects)\Library\2024\C23802.00 - Forestar Group, Inc. - Rigsbee Property, Orange County - Due Diligence\Drawings\Water System\C23802.00 - Rigsbee Property - Septic Field Designs - Base.dwg Jun 20, 2025 2:13pm
YMT
C23802.00
06/20/25
FORESTAR GROUP, INC.
SAMPLE SEPTIC FIELDS
ORANGE COUNTY, NC
501 CASCADE POINTE LANE, SUITE 103
CARY, NORTH CAROLINA 27513
P. O. BOX 129
MORRISVILLE, NORTH CAROLINA 27560
TEL: (919) 467-1239 FAX: (919) 319-6510NOTES LEGENDSAMPLE SEPTIC
SYSTEM - LOT 37 68
C-104
& Associates, P. C.
MacCONNELL
Z:\T-Drive (Projects)\Library\2024\C23802.00 - Forestar Group, Inc. - Rigsbee Property, Orange County - Due Diligence\Drawings\Water System\C23802.00 - Rigsbee Property - Septic Field Designs - Base.dwg Jun 20, 2025 2:14pm
YMT
C23802.00
06/20/25
FORESTAR GROUP, INC.
SAMPLE SEPTIC FIELDS
ORANGE COUNTY, NC
501 CASCADE POINTE LANE, SUITE 103
CARY, NORTH CAROLINA 27513
P. O. BOX 129
MORRISVILLE, NORTH CAROLINA 27560
TEL: (919) 467-1239 FAX: (919) 319-6510NOTES LEGENDSAMPLE SEPTIC
SYSTEM - LOT 38 69
April 10, 2025
C. N. (Chuck) Edwards Jr., PE
Division 7 - District 1 Engineer
North Carolina Department of Transportation
PO Box 766
115 East Crescent Square Dr.
Graham, NC 27253
(336) 570-6833
Reference: Rigsbee Subdivision
Orange County, North Carolina
Subject: Trip Generation & Turn Lane Warrant Analysis Update
Dear Mr. Edwards:
This updated letter provides the trip generation potential for the proposed Rigsbee Subdivision
development to be located along NC 54 in Orange County, North Carolina. A letter was previously
submitted in February 2025 to the Orange County (County) and the North Carolina Department of
Transportation (NCDOT) staff for the proposed development. This updated letter addresses
changes to the land use density for the proposed development.
The original letter showed the proposed development would consist of a maximum of 41 single -
family detached homes.
This updated letter for the proposed development is assumed to consist of a maximum of 43 single-
family detached homes.
Site access is proposed via one (1) full-movement driveway along NC 54. In addition to providing
the updated trip generation information for the site, this updated letter summarizes if any turn lane
warrants are met at the proposed driveway per the North Carolina Department of Transportation
(NCDOT) Policy on Street and Driveway Access to North Carolina Highways (Driveway Manual)
Warrant for Left and Right- Turn Lanes nomograph. This updated letter also analyzes traffic
conditions with the proposed development built-out during the weekday AM and PM peak hours
at the proposed driveway along NC 54.
A copy of the preliminary site plan has been attached for your reference.
Per the North Carolina Department of Transportation (NCDOT) Congestion Management
Guidelines, a Traffic Impact Analysis (TIA) is required if the proposed development is anticipated
to generate more than 3,000 daily trips. Based on the Orange County (County) Unified
Development Ordinance (UDO), a TIA is required if the proposed residential development is
anticipated to consist of 80 dwelling units or generate more than 800 daily trips.
70
Trip Generation
The proposed development is assumed to consist of a maximum of 43 single-family detached
homes. Average daily, AM peak hour, and PM peak hour trips for the proposed development were
estimated using methodology contained within the Institute of Transportation Engineers’ (ITE) Trip
Generation Manual, 11th Edition. Table 1 provides a summary of the trip generation potential for the
proposed development.
Table 1: Trip Generation Summary
It is estimated that the proposed development will generate approximately 464 total site trips on
the roadway network during a typical 24-hour weekday period. Of the daily traffic volume, it is
anticipated that 35 trips (9 entering and 26 exiting) will occur during the weekday AM peak hour
and 45 trips (28 entering and 17 exiting) will occur during the weekday PM peak hour.
It should be noted that the daily traffic volume generated by the proposed development is expected
to be below the NCDOT and County’s thresholds to require a TIA. Based on coordination with the
NCDOT and County, it was determined that a TIA is not required for the proposed development.
Turn Lane Warrant Analysis
Turn lanes were considered at the proposed driveway based on the criteria contained in the
NCDOT Policy on Street and Driveway Access to North Carolina Highways (Driveway Manual) Warrant
for Left and Right- Turn Lanes nomograph.
Existing peak hour traffic volumes along NC 54 were determined based on 24-hour tube counts
conducted in the vicinity of the site along NC 54, in January of 2025 by Burns Service Inc. (BSI)
during a typical weekday while schools were in session. Refer to the attachments for a copy of the
count data.
The trip distribution used in assigning the site traffic for the proposed development was estimated
based on a combination of existing traffic patterns, population centers in the vicinity of the study
area, and engineering judgement.
It was assumed that the site trips will be distributed at the proposed full-movement driveway along
NC 54 as follows:
• 20% to/from the west via NC 54
• 80% to/from the east via NC 54
Land Use
(ITE Code) Density
Daily
Traffic
(vpd)
Weekday AM
Peak Hour
Trips (vph)
Weekday PM
Peak Hour
Trips (vph)
Enter Exit Enter Exit
Single-Family Detached Housing
(210) 43 Units 464 9 26 28 17
71
Refer to the attachments for an illustration of the build peak hour traffic volumes with the existing
volumes along NC 54 (in red) from the count data and the site trips (in blue) based on the
distributions listed on the previous page at the proposed intersection of NC 54 and Site Drive.
Based on the NCDOT turn lane warrant methodology, turn lanes were not warranted for the
proposed driveway along NC 54. Refer to the attachments for the Turn Lane Warrant Chart for the
proposed driveway.
Capacity Analysis
Capacity analysis at the proposed driveway was completed according to NCDOT Congestion
Management Guidelines. The proposed unsignalized intersection of NC 54 and Site Drive was
analyzed under build traffic conditions with the lane configurations and traffic control shown in
Table 2. Build traffic is comprised of the existing traffic from the count data and the proposed site
trips. Refer to the attachments for the Synchro capacity analysis and SimTraffic queueing reports.
Table 2: Analysis Summary of NC 54 and Site Drive
Analysis
Scenario
A
P
P
R
O
A
C
H
LANE
CONFIGURATIONS
WEEKDAY AM
PEAK HOUR
LEVEL OF SERVICE
WEEKDAY PM
PEAK HOUR
LEVEL OF SERVICE
Approach Overall
(seconds) Approach Overall
(seconds)
Build
EB
WB
SB
1 LT-TH
1 TH-RT
1 LT-RT
A1
--
D2
N/A
B1
--
D2
N/A
Improvements shown in bold.
1. Level of service for major-street left-turn movement.
2. Level of service for minor-street approach.
Capacity analysis of build conditions indicates that the major-street left-turn movement and the
minor-street approach are expected to operate at LOS D or better during the weekday AM and PM
peak hours. SimTraffic reports indicate the maximum queues for the southbound approach are not
expected to exceed 53 feet during either peak hour.
72
Conclusion
The proposed Rigsbee Subdivision development was reviewed to determine the trip generation
potential for the site, the need for turn lanes into the proposed driveway, and expected capacity
analysis at the proposed driveway. Per NCDOT and the County’s requirements, the proposed
development trips do not meet the thresholds to perform a TIA. Based on the NCDOT turn lane
warrant methodology, turn lanes were not warranted for the proposed driveway along NC 54.
Additionally, capacity analysis indicates that the proposed driveway is expected to operate at
acceptable levels of service with minimal queueing.
If you have any questions or concerns, please do not hesitate to contact me.
Sincerely,
Bolton & Menk, Inc.
4/10/2025
Joshua Reinke, PE
Traffic Project Manager
Attachment: Preliminary Site Plan
Build Peak Hour Traffic Figure
Count Data
Turn Lane Warrant Chart
Synchro Capacity Analysis Reports
SimTraffic Queueing Reports
73
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R=39.00'L=21.43 'R=80.00'140.00'138.81'L=129.70'R=384.61'138.82'L=41.7 7'
R=375.0 0'L=222.11'R =525.00'50.
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℄
℄PRELIMINARY PLAN OFC-3.0
-
1" = 100 BINGHAM TOWNSHIP, NCRIGSBEE SUBDIVISIONBowman North Carolina Ltd.bowman.comBowman North Carolina Ltd.4006 BARRETT DRSuite 104RALEIGH, NC 27609Phone: (919)553-6570NC 54 WPRELIMINARY
DO NOT
USE FOR
CONSTRUCTIONNC HWY
54120' R
/W
(REF
PB
47
PG
24
)
40'x60'
BLDG PAD
15' REAR '
8000 SF SEPTIC
FIELD & REPAIR
AREA
20' FRONT
10' SIDE10' SIDESEPTIC
TANK
20' ROADWAY
DRIVE5' SIDEWALK
6" WATERLINE
WM
TYPICAL LOT LAYOUT
50'
R/W
NOTES:
EACH LOT SHALL ABUT A PUBLICLY DEDICATED STREET EXCEPT IN
SUBDIVISION APPROVED WITH PRIVATE ROADS. IN THE LATTER SITUATION,
EACH LOT MUST ABUT A PRIVATE ROAD OR A STATE MAINTAINED ROAD WHICH
IS SHOWN ON THE APPROVED PLAT AND CONSTRUCTED PURSUANT TO THE
STANDARDS SET BY ORANGE COUNTY
ALL TREES, LIMBS, STUMPS, AND CONSTRUCTION DEBRIS GENERATED DURING
THE PERMITTED ACTIVITY WILL BE DISPOSED OF THROUGH RESPONSIBLE
METHODS SUCH AS CHIPPING, HAULING TO A PERMITTED LANDFILL FACILITY,
OR RECYCLING, WITH STRICT ADHERENCE TO LOCAL REGULATIONS
PROHIBITING ANY OPEN BURNING OF SUCH MATERIALS
LOTS ARE TO BE SERVICED WITH COMMUNITY WELL AND ON SITE SEPTIC
SIX MI
L
E
R
D
SIX MI
L
E
R
D
74
SiteDriveSITE
N
54
Figure
Build Peak
Hour Traffic
LEGEND
Unsignalized Intersection
Weekday AM / PM Peak Hour Traffic [Existing & Site] X / Y
2/6
1024/3255/321/147/22
295/907
Note: Based on NCDOT Congestion Management guidelines, a volume of 4 vehicles per hour (vph) was analyzed for
any movement with less than 4 vph.
Rigsbee Subdivision
Orange County, NC
Scale: Not to Scale
75
Printed: 01/29/2025 at 13:18
TrafficViewer Pro v1.6.4.124
PicoCount 2500 V2.41 (s/n# 24022913)
Daily Vehicle Volume Report
Location:
Unit ID:
Study Date:
Rigsbee
Rigsbee
Tuesday, 01/28/2025
Westbound
Volume
Eastbound
Volume
Total
Volume
00:00 - 00:59
01:00 - 01:59
02:00 - 02:59
03:00 - 03:59
04:00 - 04:59
05:00 - 05:59
06:00 - 06:59
07:00 - 07:59
08:00 - 08:59
09:00 - 09:59
10:00 - 10:59
11:00 - 11:59
12:00 - 12:59
13:00 - 13:59
14:00 - 14:59
15:00 - 15:59
16:00 - 16:59
17:00 - 17:59
18:00 - 18:59
19:00 - 19:59
20:00 - 20:59
21:00 - 21:59
22:00 - 22:59
23:00 - 23:59
Totals
AM Peak Time
AM Peak Volume
PM Peak Time
PM Peak Volume
38 15 53
15 7 22
9 11 20
9 17 26
17 40 57
38 174 212
107 658 765
262 997 1259
266 844 1110
237 398 635
233 320 553
243 304 547
286 278 564
314 264 578
400 292 692
639 250 889
836 306 1142
845 296 1141
500 253 753
272 148 420
199 96 295
159 77 236
107 54 161
58 21 79
6089 6120 12209
07:48 - 08:47 07:09 - 08:08 07:09 - 08:08
295 1024 1307
16:35 - 17:34 17:18 - 18:17 16:29 - 17:28
907 325 1194
Page 1C:\Users\Burns\OneDrive\Email attachments\Documents\TrafficViewerPro Data\Rigsbee.tvp
76
INTERSECTION: NC 54 and Site Drive
SCENARIO Movement Turn Lane
Turning Volume
(VR/VL)
Approach /
Opposing Volume
(VA/VO)
Symbol
AM Build EBL Left 2 295
AM Build WBR Right 7 100
PM Build EBL Left 6 907
PM Build WBR Right 22 100
Rigsbee Subdivision - Orange County, NC
TURN LANE STORAGE WARRANTS
77
HCM 6th TWSC Build
1: NC 54 & Site Drive Timing Plan: AM Peak Hour
Rigsbee Subdivision - Orange County, NC Synchro 11 Report
Bolton & Menk Page 1
Intersection
Int Delay, s/veh 0.6
Movement EBL EBT WBT WBR SBL SBR
Lane Configurations
Traffic Vol, veh/h 4 1024 295 7 21 5
Future Vol, veh/h 4 1024 295 7 21 5
Conflicting Peds, #/hr 0 0 0 0 0 0
Sign Control Free Free Free Free Stop Stop
RT Channelized - None - None - None
Storage Length - - - - 0 -
Veh in Median Storage, # - 0 0 - 0 -
Grade, % - 0 0 - 0 -
Peak Hour Factor 90 90 90 90 90 90
Heavy Vehicles, % 2 2 2 2 2 2
Mvmt Flow 4 1138 328 8 23 6
Major/Minor Major1 Major2 Minor2
Conflicting Flow All 336 0 - 0 1478 332
Stage 1 - - - - 332 -
Stage 2 - - - - 1146 -
Critical Hdwy 4.12 - - - 6.42 6.22
Critical Hdwy Stg 1 - - - - 5.42 -
Critical Hdwy Stg 2 - - - - 5.42 -
Follow-up Hdwy 2.218 - - - 3.518 3.318
Pot Cap-1 Maneuver 1223 - - - 139 710
Stage 1 - - - - 727 -
Stage 2 - - - - 303 -
Platoon blocked, %- - -
Mov Cap-1 Maneuver 1223 - - - 138 710
Mov Cap-2 Maneuver - - - - 138 -
Stage 1 - - - - 720 -
Stage 2 - - - - 303 -
Approach EB WB SB
HCM Control Delay, s 0 0 31.8
HCM LOS D
Minor Lane/Major Mvmt EBL EBT WBT WBRSBLn1
Capacity (veh/h)1223 - - - 163
HCM Lane V/C Ratio 0.004 - - - 0.177
HCM Control Delay (s) 8 0 - - 31.8
HCM Lane LOS A A - - D
HCM 95th %tile Q(veh) 0 - - - 0.6
78
HCM 6th TWSC Build
1: NC 54 & Site Drive Timing Plan: PM Peak Hour
Rigsbee Subdivision - Orange County, NC Synchro 11 Report
Bolton & Menk Page 1
Intersection
Int Delay, s/veh 0.5
Movement EBL EBT WBT WBR SBL SBR
Lane Configurations
Traffic Vol, veh/h 6 325 907 22 14 4
Future Vol, veh/h 6 325 907 22 14 4
Conflicting Peds, #/hr 0 0 0 0 0 0
Sign Control Free Free Free Free Stop Stop
RT Channelized - None - None - None
Storage Length - - - - 0 -
Veh in Median Storage, # - 0 0 - 0 -
Grade, % - 0 0 - 0 -
Peak Hour Factor 90 90 90 90 90 90
Heavy Vehicles, % 2 2 2 2 2 2
Mvmt Flow 7 361 1008 24 16 4
Major/Minor Major1 Major2 Minor2
Conflicting Flow All 1032 0 - 0 1395 1020
Stage 1 - - - - 1020 -
Stage 2 - - - - 375 -
Critical Hdwy 4.12 - - - 6.42 6.22
Critical Hdwy Stg 1 - - - - 5.42 -
Critical Hdwy Stg 2 - - - - 5.42 -
Follow-up Hdwy 2.218 - - - 3.518 3.318
Pot Cap-1 Maneuver 673 - - - 156 287
Stage 1 - - - - 348 -
Stage 2 - - - - 695 -
Platoon blocked, %- - -
Mov Cap-1 Maneuver 673 - - - 154 287
Mov Cap-2 Maneuver - - - - 154 -
Stage 1 - - - - 343 -
Stage 2 - - - - 695 -
Approach EB WB SB
HCM Control Delay, s 0.2 0 28.7
HCM LOS D
Minor Lane/Major Mvmt EBL EBT WBT WBRSBLn1
Capacity (veh/h)673 - - - 172
HCM Lane V/C Ratio 0.01 - - - 0.116
HCM Control Delay (s) 10.4 0 - - 28.7
HCM Lane LOS B A - - D
HCM 95th %tile Q(veh) 0 - - - 0.4
79
Queuing and Blocking Report
Build AM Peak Hour
Rigsbee Subdivision - Orange County, NC SimTraffic Report
Bolton & Menk Page 1
Intersection: 1: NC 54 & Site Drive
Movement EB SB
Directions Served LT LR
Maximum Queue (ft)15 53
Average Queue (ft)1 18
95th Queue (ft)8 47
Link Distance (ft)1008 984
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft)
Storage Blk Time (%)
Queuing Penalty (veh)
Network Summary
Network wide Queuing Penalty: 0
80
Queuing and Blocking Report
Build PM Peak Hour
Rigsbee Subdivision - Orange County, NC SimTraffic Report
Bolton & Menk Page 1
Intersection: 1: NC 54 & Site Drive
Movement EB SB
Directions Served LT LR
Maximum Queue (ft)58 53
Average Queue (ft)4 16
95th Queue (ft)26 44
Link Distance (ft)1008 984
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft)
Storage Blk Time (%)
Queuing Penalty (veh)
Network Summary
Network wide Queuing Penalty: 0
81
82
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OHERIGSBEE SUBDIVISIONNC H
W
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120' R/
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P
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0'L=82.21'R=545.00'L=142.78'R=373.34'180.00'
180.04'L=80.00'R=195.42'106.55'93.87'L=72.12'R=39.04'187.64'52.70'111.78'139.70'169.18'58.31'129.83'182.88'L=59.83'R=315.00'26.70'170.43'47.61'107.59'L=89.47'R=100.00'120.13'130.99'L =7 3 .5 4 'R =3 0 0 .0 0 '201.04'L =6 4 .7 2'
R =10 0.00'L=49.49'R=100.00'200.85'L=150.00'R=300.00'L=150.00'R=300.00'200.46'L=49.70'R=100.00'L=43.81'R=100.32'200.00'L=133.72'R=300.00'110.00'200.00'110.00'110.00'72.69'L=38.56'R=90.00'208.49'84.62'237.40'124.68'206.07'
237.40'L=87.50'R=422.49'198.51'129.14'72.06'L=72.78'R=90.00'114.96'212.37'20.41'227.73'90.59'104.00'47.04'L=66.15'R=65.28'200.00'150.47'108.00'108.00'160.13'200.00'227.86'L=124.74'R=775.01'L=85.01'R=443.88'L=41.54'R=409.72'L=25.54'R=775.00'50.05'
110.66'50.00'227.86'L=56.08'R=80.00'L=32.01'R=80.00'79.64'L=53.94'R=775.00'37.89'L =68.47'R =8 0.00'123.98'112.44'L=11.45'R=39.00'RIGSBEE SUBDIVISIONNC HW
Y
5
4
120' R/
W (
R
E
F
P
B
4
7
P
G
2
4)40'x60'BLDG PAD15' REAR '8000 SF SEPTICFIELD & REPAIRAREA20' FRONT10' SIDE10' SIDESEPTICTANK20' ROADWAYDRIVE5' SIDEWALK6" WATERLINEWMTYPICAL LOT LAYOUT50'R/WSIX MILE RDSIX MILE RD85
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OHERigsbee Subdivision87
Narrative of Zoning Conditions Offered
R-CD
The property owner hereby offers, consents to and agrees to abide by the conditions written
below, if the rezoning is approved.
1. The subject property shall be developed generally in accordance with the proposed site
plan submitted as a part of this application (“Site Plan”).
2. All streets not offered to NCDOT as public streets shall meet the design requirements of
Class A Private Roads, provided that, private street rights-of-way shall permit the
encroachment of kiosks, raingardens, trails, parking, gathering spaces, play areas and
other similar improvements designed to serve the neighborhood. No such encroachment
shall extend into a Travel-Way, which shall be at least eighteen feet (18’) wide and
constructed of compacted gravel of pavement.
3. The minimum lot size shall be 20,000 square feet.
4. No home shall be constructed on the subject property with more than four (4) bedrooms.
5. A Homeowners Association (“HOA”) shall be established with a Declarations of
Development Restriction including Architectural Design Guidelines (“Guidelines”) to be
administered by an HOA-appointed Architectural Review Committee (“ARC”) and shall
be recorded with the Final Plat. The Guidelines shall govern tree removal on individual
lots and open spaces, subject to approval of the ARC.
6. A decorative well house shall be installed over the well head within the general area
designated as “100’ well radius” on the Site Plan. The well house shall be designed to
incorporate elements of the existing Rigsbee farmhouse located on Highway 54 by
utilizing white siding as the primary material on the exterior walls and black accents such
door color or light fixture color. A photo of the existing Rigsbee farmhouse is attached
hereto as Exhibit A-1. An example of a well house that meets the requirements of this
condition is attached as Exhibit A-2.
7. The mail kiosk shall be designed to complement the existing Rigsbee farmhouse located
on Highway 54 by continuing the white color for the exterior elements. The mail kiosk
shall incorporate a weather covering with recessed lighting for a portion of the site and
shall include at least two (2) benches and at least one (1) trash can. An example of a mail
kiosk that meets the requirements of this condition is attached as Exhibit B.
8. Private trails shall be installed as shown on the Site Plan with precise trail locations to be
determined at subdivision plat. Trail surfaces shall be natural (earthen), mulch, wood
chip, gravel, or crushed stone. No asphalt or pavement shall be permitted. Trail amenities
shall include at least three (3) benches located along the trail and at least (4) signs
providing scientific information about the flora and fauna found on the subject property
with picture or other images.
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9. Open Space areas shown on the Site Plan shall collectively include a total of (i) one (1)
covered, open air structure similar to those shown on the attached Exhibit C in the
general area identified as the “Community Building Structure” on the Site Plan; (ii) at
least two (2) grilling stations, (iii) at least one (1) fire pit; (iv) at least four (4) trash cans;
(v) at least four (4) pet waste stations; and (vi) at least ten (10) bird nesting boxes in the
general area identified as a “bird sanctuary” on the Site Plan, all to be maintained by the
HOA.
10. Individual septic systems meeting Orange County requirements and designed to serve
homes with four (4) bedrooms shall be provided on each residential lot.
11. Subject to NCDOT approval, the property owner shall provide a right-hand turn lane
(deceleration) and a left-hand turn lane (center lane) into the property entrance on
Highway 54 meeting NCDOT standards
89
Exhibit A-1
Existing Rigsbee Farmhouse
90
Exhibit A-2
Well House Design
Note: Not to Scale
91
Exhibit B
Mail Kiosk Design
Note: Not to Scale
92
Exhibit C
Community Gathering Space Sample Imagery
93
Staff Report
Zoning Atlas Amendment – Conditional District
Basic Information
Parcel Identification
Number (PIN) 9749-42-2010
Parcel Address 3531 NC Highway 54 W, Chapel Hill, NC
Applicant Name
and Address
Forestar Group, Inc.
8041 Arco Corporate Drive, Suite 110, Raleigh NC 27617
Property Owner
Name and Address
(if different from
Applicant)
Carolyn Rigsbee
3531 NC Highway 54 W, Chapel Hill, NC 27516
Agent(s), if
applicable N/A
Attachment 2
94
Parcel Size +/- 61.11 acres
Future Land Use
Map (FLUM)
Designation
Rural Community Activity
Node
FLUM Overlay(s) Resource Protection Areas
Growth Management
System Designation Rural Designated
Definition of FLUM
Designation
(from Article 10 of
UDO)
Land focused on designated
road intersections which
serves as a nodal
crossroads for the
surrounding rural community
and is an appropriate
location for any of the
following uses: church, fire
station, small post office,
school, or other similar
institutional uses and one or
more commercial uses.
Interlocal Agreement
Applicable
(Y/N)
No
Current Zoning
District R-1 (Rural Residential)
Requested Zoning
District
R-CD (Residential Conditional
District)
Requested Zoning
District Consistent
with Appendix F of
2030
Comprehensive
Plan
Yes
Existing Zoning
Overlay Districts
Not in a Water Supply
Watershed.
Amendments
Proposed for
Overlay Districts
(Y/N)
No
95
Surrounding Land Uses and Zoning
North All lots are zoned R-1 (Rural Residential) with
single-family residential uses.
South Lots are zoned AR (Agricultural Residential)
with single-family residential uses or
undeveloped land, and NC-2 (Neighborhood
Commercial) with a vacant structure.
East Lots are zoned R-1 (Rural Residential) with
single-family residential uses or undeveloped
land, and NC-2 (Neighborhood Commercial)
with a HVAC business.
West All lots are zoned R-1 (Rural Residential) with
single-family residential uses.
Existing Roads
North None
South NC Highway 54 W
East None
West Six Mile Road
Existing Conditions/Physical Features
A single-story frame dwelling, as well as its accessories of a concrete pad, pole barn, firepit, and two sheds,
currently exists on the property. The applicant is offering the entirety of the parcel for rezoning, but should
an approval be provided, the property owner will subdivide out a 2.56-acre parcel containing the single-
family home and accessory structures. The Development Advisory Committee reviewed the proposed Minor
Expedited subdivision to subdivide out the 2.56-acre parcel at their November 21, 2024, meeting and has
approved the minor subdivision with comments. The subdivision has not been finalized yet for recordation.
The remainder of the parcel is undeveloped. The applicant has provided photos of existing conditions on
the site supporting that existing trees are predominantly small hardwoods. No unique or exceptionally large
trees have been identified. The parcel also contains streams, floodway, Special Flood Hazard Area (100
Year Floodplain), and 500 Year Floodplain.
Public Water and Sewer
No public utilities are requested. The applicant proposes service of the site through private septic systems
and a community well.
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Site Plan
97
Proposed Access and Transportation Network Improvements
The applicant proposes the construction of two public roads, consisting of 50 ft. rights-of-way and 20 ft.
travel ways, to be accepted for maintenance by NCDOT. These roadways will end in cul-de-sacs and feed
into three privately maintained roads, consisting of 30 ft. rights-of-way and 18 ft. travel ways. Access to the
subdivision will be via a single access to NC Highway 54 W.
As a condition of approval, the applicant proposes to provide a right-hand turn lane (deceleration) and a
left-hand turn lane (center lane) into the property entrance on NC Highway 54 W, subject to NCDOT
approval.
Summary of Transportation Information
Existing Roadway Characteristics
Affected Roadway NC Highway 54 W
Type of Roadway Minor Arterial
Current Roadway Capacity 15,100 AADT
Latest Traffic Volume 11,550 AADT
Traffic Generation
Number of Trips Expected to be Generated by
Proposed Project 464 trips per day
Proposed Utilities
The site-specific plan presented for the proposed zoning atlas amendment proposes the use of community
well and individual septic systems for each lot. The future subdivision will not require use of public utilities.
Erosion Control/Stormwater Regulations
The applicant has provided a grading and stormwater management plan (Attachment 1) and will comply
stormwater management (Section 6.14) and erosion and sedimentation control (Section 6.15) regulations
of the UDO.
Landscape Buffers/Setbacks
All lot property lines Front 20 ft., Side 10 ft., Rear 15 ft., Corner 20 ft.
North Dedicated Common Open Space
South 10 ft. tree protection area
East Type E 75 ft. buffer, 50 ft. voluntary buffer, 10 ft. tree protection area,
dedicated Common Open Space
West 50 ft. voluntary buffer, 10 ft. tree protection area, dedicated Common Open
Space
Environmental Assessment (EA)
The applicant has provided an Environmental Assessment (EA) application, Environmental Impact
Statement (EIS) and supporting materials as required in Section 6.16 of the UDO with their submittal. The
98
EIS and supporting documents have been shared with various State agencies via the NC Department of
Administration’s State Clearinghouse. Planning staff have reviewed the materials and agree with a
determination of “Finding of No Significant Impact (FONSI)” as required in Section 2.25.1(B)(5) of the
UDO (Attachment 5). This determination eliminates a requirement from the applicant to provide a more
detailed Environmental Impact Statement (EIS) process as outlined in Sections 2.25.2 and 6.16.4 of the
UDO.
Proposed Conditions
Per NCGS 160D-703, imposed conditions and site-specific standards are limited to those that address
conformance of the development and use of the site to local government ordinances and adopted plans
or the impacts reasonably expected to be generated by the development or use of the site. Per Section
2.9.1 (F) (3) of the UDO, the following conditions are being proposed:
1. The subject property shall be developed generally in accordance with the proposed site plan
submitted as a part of this application (“Site Plan”).
2. All streets not offered to NCDOT as public streets shall meet the design requirements of
Class A Private Roads, provided that, private street rights-of-way shall permit the
encroachment of kiosks, raingardens, trails, parking, gathering spaces, play areas and other
similar improvements designed to serve the neighborhood. No such encroachment shall
extend into a Travel-Way, which shall be at least eighteen feet (18’) wide and constructed of
compacted gravel of pavement.
3. The minimum lot size shall me 20,000 square feet.
4. No home shall be constructed on the subject property with more than four (4) bedrooms.
5. A Homeowners Association (“HOA”) shall be established with a Declarations of Development
Restriction including Architectural Design Guidelines (“Guidelines”) to be administered by an
HOA-appointed Architectural Review Committee (“ARC”) and shall be recorded with the Final
Plat. The Guidelines shall govern tree removal on individual lots and open spaces, subject to
approval of the ARC.
6. A decorative well house shall be installed over the well head within the general area
designated as “100’ well radius” on the Site Plan. The well house shall be designed to
incorporate elements of the existing Rigsbee farmhouse located on Highway 54 by utilizing
white siding as the primary material on the exterior walls and black accents such door color
or light fixture color. A photo of the existing Rigsbee farmhouse is attached hereto as Exhibit
A-1. An example of a well house that meets the requirements of this condition is attached as
Exhibit A-2.
7. The mail kiosk shall be designed to complement the existing Rigsbee farmhouse located on
Highway 54 by continuing the white color for the exterior elements. The mail kiosk shall
incorporate a weather covering with recessed lighting for a portion of the site and shall
include at least two (2) benches and at least one (1) trash can. An example of a mail kiosk
that meets the requirements of this condition is attached as Exhibit B.
8. Private trails shall be installed as shown on the Site Plan with precise trail locations to be
determined at subdivision plat. Trail surfaces shall be natural (earthen), mulch, wood chip,
gravel, or crushed stone. No asphalt or pavement shall be permitted. Trail amenities shall
Solid Waste
The applicant will comply with the Orange County Solid Waste Management Ordinance. The applicant
has provided a “Will-Serve” letter from Efland Trash Service for private hauling. Orange County Solid
Waste has confirmed that the proposed road configuration will meet the requirement for recycle material
collection service.
99
include at least three (3) benches located along the trail and at least (4) signs providing
scientific information about the flora and fauna found on the subject property with picture or
other images.
9. Open Space areas shown on the Site Plan shall collectively include a total of
i. One (1) covered, open air structure similar to those shown on the attached Exhibit C
in the general area identified as the “Community Building Structure” on the Site Plan;
ii. At least two (2) grilling stations;
iii. At least one (1) fire pit;
iv. At least four (4) trash cans;
v. At least four (4) pet waste stations; and
vi. At least ten (10) bird nesting boxes in the general area identified as a “bird sanctuary”
on the Site Plan, all to be maintained by the HOA.
10. Individual septic systems meeting Orange County requirements and designed to serve
homes with four (4) bedrooms shall be provided on each residential lot.
11. Subject to NCDOT approval, the property owner shall provide a right-hand turn lane
(deceleration) and a left-hand turn lane (center lane) into the property entrance on Highway
54 meeting NCDOT standards.
Review Milestones
Analysis
Staff Analysis
As required under Section 2.8.5 of the UDO, the Planning Director shall cause an analysis to be made
of the application. In analyzing this request, the Planning Director offers a full analysis of the
application’s consistency with the adopted Orange County 2030 Comprehensive Plan.
See the drafted Statement of Consistency (Attachment 6) in which the relevant Goals and Objectives of
the Orange County 2030 Comprehensive Land Use Plan have been analyzed in full detail.
1. Staff review determined that the application is complete and all submitted materials are in
compliance with the following applicable sections of the UDO:
Section 2.8, Zoning Atlas and Unified Development Ordinance Amendments
Section 2.9, Conditional Districts
Section 5.21.1(A), Standards for Major Subdivisions, Conditional Districts
Application Submittal Date January 30, 2025
Development Advisory Committee
(DAC) Review March 6, 2025
Neighborhood Information Meeting
(NIM) April 29, 2025
Note: The DAC is a staff/agency committee, established in Section 1.9 of the Unified
Development Ordinance.
Courtesy Review
Jurisdiction Date Sent Comments Received (Y/N)
State Clearing House February 18, 2025 Yes
Orange Grove Volunteer Fire Department N/A Yes
All comments received through Courtesy Review are available via the Permit Portal.
100
In accordance with Section 2.9.1(F), Approval and Conditions, the applicant has submitted
conditions which are to be reviewed by the Board of County Commissioners for a determination as
to whether such conditions will afford protection of the public health, safety, and general welfare.
“Dwelling, Single-Family” is defined as Use #42 in the Table of Permitted Uses and within Article
10, Definitions of the UDO as:
“A detached building containing one dwelling unit.”
Section 5.2, Table of Permitted Uses of the UDO identifies “Dwelling, Single-Family” as a
permitted use within the NR-CD zoning district.
2. Staff review of the application included considerations for how the request relates to the Orange
County 2030 Comprehensive Plan. This staff analysis found in the Statement of Consistency
(Attachment 6) outlines elements of the Plan which staff identified as relevant to the consideration
of this request.
3. The requested zoning district, R-CD (Residential - Conditional District), is consistent with the 2030
Comprehensive Plan, Appendix F, Relationships Between Land Use Classifications and Zoning
Districts.
101
July 23, 2025
NOTICE OF PLANNING BOARD MEETING
To Whom It May Concern:
This notice is to inform you of the August 6, 2025, Planning Board meeting, at which an
application to rezone +/-61.11 acres (PIN: 9749-42-2010) will be reviewed. The parcel's
primary address is 3531 NC Highway 54 W, Chapel Hill, within the Bingham Township.
This notification is occurring in accordance with the provisions of Section 2.8 Zoning Atlas
and Unified Development Ordinance Amendments of the Orange County Unified
Development Ordinance (UDO). You are receiving this notice because you own
property located within 1,000-feet of the parcels requested for rezoning.
YOUR PROPERTY IS NOT PROPOSED FOR REZONING.
Property Information
Parcel ID Numbers (PINs) 9749422010
Owner Carolyn Rigsbee
Applicant Forestar Group, Inc.
Location 3531 NC Highway 54 W, Chapel Hill
Acreage +/- 61.11 acres
Current Zoning Rural Residential (R-1)
Proposed Zoning Residential Conditional District (R-CD)
Watershed Designation Haw River Unprotected
What is being proposed?
Forestar Group, Inc., as an authorized agent of Carolyn Rigsbee has initiated a Zoning
Atlas Amendment to allow for future residential development of the parcel. The applicant
is requesting a rezoning of the +/- 61.11 acre property to R-CD. The applicant has
provided a site-specific plan and conditions for the proposed single-family development.
What is this meeting for?
The Planning Board meeting is a required step for a Conditional Rezoning application.
The Planning Board meeting must take place before the project proceeds to the BOCC
for public hearing and decision. The Planning Board makes a recommendation to the
Board of County Commissioners (BOCC). The Planning Board must recommend one of
the following four actions at their meeting, 1) Approval, 2) Denial, 3) Approval, but with
specified changes, or 4) that the Planning Board be given extended time to consider the
matter.
102
Planning Board Meeting Information
Date August 6, 2025
Time 7:00 p.m.
Place Whitted Meeting Facility
Address 300 West Tryon Street, Hillsborough, NC
Assigned Planner
Lauren Honeycutt, Planner II
Email: lahoneycutt@orangecountync.gov
Phone: 919-245-2598
***
A formal public hearing on the proposed amendments will be held by the Board of County
Commissioners. At this time, the anticipated date for the public hearing is September 4,
2025, but may be subject to change. You will receive another written notice about the
public hearing at a later date.
If you cannot attend the Planning Board meeting and the website does not answer your
questions about the requested rezoning, you may call (919) 245-2575 during regular
business hours and you will be directed to a staff person who can assist you.
Sincerely,
Additional information is available on the Orange County Planning Department’s website:
https://www.orangecountync.gov/3038/Active-Development-Projects or scan below:
Si desea servicios de traducción para esta carta y otros documentos relacionados con el
caso/asunto; y/o servicios de interpretación de idiomas en una reunión relacionada con
este caso/asunto, comuníquese con Current Planning Division al correo electrónico:
planningapps@orangecountync.gov o llame al 919-245-2575. Por favor, espere al menos
10 días para que nuestro personal organice estos servicios.
Cy Stober
Director
Planning Department
103
CERTIFICATION OF MAILING
ZONING ATLAS AMENDMENT
ORANGE COUNTY, NORTH CAROLINA
I, Lauren Honeycutt, Planner II with Orange County, North Carolina, DO HEREBY CERTIFY that in accordance with the
provisions of Section 2.8.7 of the Orange County Unified Development Ordinance I have mailed, or have caused to be
mailed, a Notice of the Planning Board Meeting to be held regarding a rezoning application proposing to rezone one
parcel located at 3531 NC Highway 54 W, Chapel Hill (PIN: 9749-42-2010) on July 23, 2025.
The owners were identified according to the Tax Records, as required by Section 2.8.7 of the Orange County Unified
Development Ordinance.
The mailed notices specified the date, time, place and subject of the Planning Board Meeting.
WITNESS my hand, this 23rd day of July 2025.
Lauren Honeycutt
Planner II
Orange County Planning
104
Orange County
January 16, 2025
0 0.6 1.20.3 mi
0 1 20.5 km
1:36,615
9749422010PIN:
RIGSBEE CAROLYNOWNER 1:
#5-6 RIGSBEE EUBANKS & LLOYDLEGAL DESC:
2521/166DEED REF:
1
BLDG_VALUE:
LAND VALUE:
USE VALUE:
TOTAL VALUE:
63.46 ASIZE:BUILDING COUNT:
OWNER 2:
ADDRESS 1:
ADDRESS 2:
1922 ORANGE CHAPEL- CLOVER GARDEN CH RD
CITY:CHAPEL HILL
STATE, ZIP:NC 27516
RATECODE:10
DATE SOLD:2/25/2003
BLDG SQFT:1949
YEAR BUILT:1911 TAX STAMPS:0
TOWNSHIP BINGHAM
This map contains parcels prepared for the inventory of real property within Orange County, and is compiled from recorded deed, plats, and other public records and data.
Users of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on this map.
The county and its mapping companies assume no legal responsibility for the information on this map.
105
OBJECTID PIN OWNER1_LAST OWNER1_FIRST ADDRESS1 ADDRESS2 CITY STATE ZIPCODE
2868 9748396909 TILLEY GREGORY T 3600 HYW 54 W CHAPEL HILL NC 27516
2869 9748398598 DAVIS VERNON P 2401 NC HWY 54 WEST CHAPEL HILL NC 27516
2870 9748399899 DAVIS VERNON P 2401 NC HWY 54 WEST CHAPEL HILL NC 27516
2900 9748491572 DAVIS VERNON P 2401 NC HWY 54 WEST CHAPEL HILL NC 27516
2902 9748493910 DAVIS VERNON P 2401 NC HWY 54 WEST CHAPEL HILL NC 27516
2903 9748494626 DAVIS VERNON P 2401 NC HWY 54 WEST CHAPEL HILL NC 27516
2904 9748496921 HARIDEV LLC 300 W MAIN ST CARRBORO NC 27510
2905 9748499852 TIMBERIDGE RENTALS LLC 2401 NC HWY 54 WEST CHAPEL HILL NC 27516
3113 9749101791
CHAPEL HILL POST NO 6
AMERICAN
LEGION
INCORPORATED 3700 NC HWY 54 WEST CHAPEL HILL NC 275168272
3134 9749204857 RAO
FRANK GAETANO
TRUSTEE 3642 NC 54 W CHAPEL HILL NC 27516
3135 9749208153 TILLEY GREGORY T 3600 HWY 54 WEST CHAPEL HILL NC 27516
3136 9749215634 JAMISON KATHRYN D 3282 EASTBROOK DR CHAPEL HILL NC 27516
3137 9749223199 BARN AT VALHALLA LLC PO BOX 511 CARRBORO NC 27510
3138 9749225643 BARN AT VALHALLA LLC PO BOX 511 CARRBORO NC 27510
3139 9749229743 BARN AT VALHALLA LLC PO BOX 511 CARRBORO NC 27510
3140 9749238205 MCGUIRE JOYCE S 9323 CHARLES LN CHAPEL HILL NC 27516
3162 9749300495 CLANTON ROBERT PAUL 3536 HWY 54 WEST CHAPEL HILL NC 27516
3163 9749306411 TILLEY GREGORY T 3600 HWY 54W CHAPEL HILL NC 27516
3164 9749308334 CHAPPELL LEON 3510 NC 54 W STE A & B CHAPEL HILL NC 27516
3165 9749310328
CAROLINA CONFERENCE OF
SEVENTH DAY ADVENTIST INC PO BOX 44270 CHARLOTTE NC 28215
3166 9749322006 RISTAINO ANDRE G 867 SIX MILE RD CHAPEL HILL NC 27516
3167 9749325642 EQUITY TRUST COMPANY
FBO ANDRE RISTAINO
IRA 873 SIX MILE RD CHAPEL HILL NC 27516
3168 9749330433 MCGUIRE JOYCE S 9323 CHARLES LN CHAPEL HILL NC 27516
3169 9749330848 SHEPARD SCOT R 9316 LUCILLE LN CHAPEL HILL NC 27516
3170 9749331692 REEVES ELIZABETH S 9317 LUCIELLE LN CHAPEL HILL NC 27516
3171 9749336582 SMITH DAVID A 9337 LUCIELLE LN CHAPEL HILL NC 27516
3172 9749336993 WEAR CINDY MICHELE 9336 LUCIELLE LN CHAPEL HILL NC 27516
3175 9749348218 KARTESZ JOHN THOMAS 9319 BRACKEN LA CHAPEL HILL NC 27516
3186 9749402351 DAVIS VERNON P 2401 NC HWY 54 WEST CHAPEL HILL NC 27516
3187 9749402837 BIG SHOW PROPERTIES LLC 100 FLORAL DR Chapel Hill NC 27516
3188 9749404659 BPSI INC 3403 HWY 54 W CHAPEL HILL NC 27516
3189 9749405354 HARIDEV LLC 300 W MAIN ST CARRBORO NC 27510
3190 9749405914 LEWIS STAN HOWARD 3445 HWY 54 WEST CHAPEL HILL NC 27516
3191 9749408985 BLACKWOOD WILLIAM KELLY 320 DAIRYLAND RD CHAPEL HILL NC 27516
3192 9749412275
WHISNANT PHILLIPS PTNS
DBA WHITE CROSS PARTNERSHIP 116 E MAIN ST CARRBORO NC 27510
3193 9749413288 GRIFFIN AMANDA JOHNSON 546 EVERETT LN CHAPEL HILL NC 27516
3194 9749414263 FERGUSON MICHAEL P 528 EVERETT LN CHAPEL HILL NC 27516
3195 9749415111 GUERRERO
ZURIBEL P
HERNANDEZ 532 EVERETT LN CHAPEL HILL NC 27516
3196 9749419462 DAVIDSON ROBERT P 3261 HWY 54 W CHAPEL HILL NC 27516
3197 9749422010 RIGSBEE CAROLYN
1922 ORANGE CHAPEL-
CLOVER GARDEN CH RD CHAPEL HILL NC 27516
3198 9749432228 MONTGOMERY NATHAN 9625 COLLINS CREEK DR CHAPEL HILL NC 27516
3199 9749432626 LEWIS CYNTHIA LYNN 9613 COLLINS CREEK DR CHAPEL HILL NC 275167591
3200 9749432908 BRADSHAW DENNIS W 9523 COLLINS CREEK DR CHAPEL HILL NC 275167589
3201 9749436482 HOUCK KEITH A 9622 COLLINS CREEK DR CHAPEL HILL NC 275167590
3202 9749437727 KALANYOS KATHY R 9608 COLLINS CREEK DR CHAPEL HILL NC 275167590
3203 9749442312 LINDSTROM ANDREW 9511 COLLINS CREEK DR Chapel Hill NC 27516
3205 9749447110 DINKELOO EERO 9518 COLLINS CREEK DR CHAPEL HILL NC 27514
3217 9749500067 TIMBERIDGE RENTALS LLC 2401 NC HWY 54 W CHAPEL HILL NC 27516
3218 9749500194 TIMBERIDGE RENTALS LLC 2401 NC HWY 54 WEST CHAPEL HILL NC 27516
3219 9749500366 J&I BRAVO LLC 3300 NC 54 W CHAPEL HILL NC 27516
3220 9749501789 SARKARIA PROPERTIES INC 1064 MONTVALE RIDGE DR CARY NC 27519
3221 9749504904 HOLTZ PERDITA H 9903 OAK HOLLOW RD CHAPEL HILL NC 27516
3222 9749505975 BRILLIANT ELIZABETH 9905 OAK HOLLOW RD CHAPEL HILL NC 27516
3223 9749506994 LITTLE JACQUELINE LOY 9907 OAK HOLLOW RD CHAPEL HILL NC 27516
3226 9749510687 MEYER JENNIFER E 9603 LESLIE DR CHAPEL HILL NC 275167531
3227 9749510856 LOPEZ CAROLINA 9601 LESLIE DR CHAPEL HILL NC 27516
3228 9749511086 PRATER LARRY R 3225 NC HWY 54 W CHAPEL HILL NC 27516
106
OBJECTID PIN OWNER1_LAST OWNER1_FIRST ADDRESS1 ADDRESS2 CITY STATE ZIPCODE
3229 9749512250 NALLY HEATHER DEANS 9901 OAK HOLLOW RD CHAPEL HILL NC 27516
3230 9749512463 WOODWARD DIANNE M 9900 OAK HOLLOW RD CHAPEL HILL NC 275165975
3231 9749513665 BLACK DAWN TRUSTEE 9609 LESLIE DR CHAPEL HILL NC 27516
3232 9749513987 SHACKLEFORD KENDRICK W II 9608 LESLIE DR CHAPEL HILL NC 27516
3233 9749515420 SPENCER SHARON L 9904 OAK HOLLOW RD CHAPEL HILL NC 27514
3234 9749515615 DIX SARAH MEROE 9615 LESLIE DR CHAPEL HILL NC 27516
3235 9749515957 BOOTH DEBORAH G 9614 LESLIE DR CHAPEL HILL NC 275169749
3236 9749516675 GRODENSKY CATHERINE A 9621 LESLIE DR CHAPEL HILL NC 275167531
3237 9749517338 PARADIS MARC P 9906 OAK HOLLOW RD CHAPEL HILL NC 27516
3238 9749517906 FRIEDMAN STEPHEN N 9620 LESLIE DR CHAPEL HILL NC 275169749
3239 9749518623 JAMES BETTY B 9705 LESLIE DR CHAPEL HILL NC 275167533
3240 9749518956 FULLER CHARLES RANDALL 9706 LESLIE DR CHAPEL HILL NC 27516
3242 9749519671 ROYLE DIANE L 9711 LESLIE DR CHAPEL HILL NC 27516
3243 9749519985 MULKY RICHARD L 9712 LESLIE DR CHAPEL HILL NC 275167532
3244 9749522031 YOUNGBLOOD GRAHAM 9602 LESLIE DR CHAPEL HILL NC 27516
3245 9749538060 WHITFIELD LYNDON MELVIN
9623 DODSON
CROSSROADS CHAPEL HILL NC 27516
3247 9749547142 BRITZ GREGORY J TRUSTEE
9505 DODSONS
CROSSROADS CHAPEL HILL NC 27516
107
108
April 9, 2025
NOTICE OF NEIGHBORHOOD INFORMATION MEETING (NIM)
Zoning Atlas Amendment – Conditional Rezoning
To Whom It May Concern:
We, Forestar Real Estate Group, have submitted a Conditional Rezoning Application proposing to
develop property located at 3531 HWY NC 54 W (PIN: 9749422010) for Residential Conditional
District (R-CD). Per Section 2.9 Conditional Districts of the Unified Development Ordinance, you
are receiving this letter because property you own is within 1,000 ft. of this parcel. The parcel is
further described below:
Property Information
Parcel ID Numbers (PIN) 9749422010
Owner Carol Rigsbee
Applicant Forestar c/o Laura Haywood
Location 3531 HWY NC 54 W, Chapel Hill, NC
Acreage 63.46
Zoning Rural Residential (R-1)
Watershed Designation Haw River Unprotected
What is being proposed?
We propose 43 homes on no less than half acre lots. The lots are clustered to the interior of the site
with open space located around the perimeter to provide a buffer for our neighbors. Roughly 1/3
of the site will be preserved as open space. Please see the attached subdivision plan for more
information about our proposal.
What is this meeting for?
This Neighborhood Information Meeting (NIM) will allow you and other nearby property owners
to meet with the applicant and discuss the proposal.
When and where is the meeting?
Meeting Information
Date April 29, 2025
Time 7:00PM
Place Antioch Baptist Church
Address 1707 White Cross Road, Chapel Hill, NC 27516
Assigned Planner
Lauren Honeycutt, Planner II
Email: lahoneycutt@orangecountync.gov
Phone: (919) 245-2598
***
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After the NIM, this proposal will go on to the Planning Board for review and recommendation to
the Board of County Commissioners. The Board of County Commissioners will then hold a public
hearing to make a final decision on the application. You will also receive a letter regarding when
those meetings will take place and at what time.
If you have any question regarding this project, feel free to reach out to us, our contact information
is listed below.
Best Regards,
Forestar Real Estate Group, Inc.
8041 Arco Corporate Drive, Suite 110
Raleigh, NC 27617
(919) 804-7220
Enclosures: Site Plan
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111
Neighborhood Information Meeting Report Form
REPORT OF INFORMATION MEETING REQUIRED BY
THE ORANGE COUNTY UNIFIED DEVELOPMENT ORDINANCE
To: Lauren Honeycutt, Planner II
Project Name: Rigsbee Subdivision
Approximate Location (or Address): NC 54 W, Bingham Township, NC _____
Proposed Number Lots: 43 Residential (Y/N): Y
The undersigned hereby certifies that the required sign(s) was posted on the proposed Rigsbee
Subdivision property, on each road frontage of said project on 04/11/2025 by Orange County
Planning staff.
The meeting was held at the following time and place: Meeting was held on 04/29/2025, 7:00
p.m.at Antioch Baptist Church, 1707 White Cross Road, Chapel Hill, NC
The persons in attendance at the meeting: Please See Attachment A
The following issues were discussed at the meeting (Attach additional sheet(s) if needed):
Please See Attachment B
As a result of the meeting, the following changes were made to the project proposal (Attach
additional sheet(s) if needed): Please See Attachment C
Date: 05/20/2025
Applicant: Forestar Real Estate Group
By: Laura Haywood – Entitlements Manager
Please submit this Report to the Orange County Planning Department located at 131 W.
Margaret Ln or mail it to Lauren Honeycutt, at 131 W. Margaret Ln. Hillsborough NC, 27278. If
you have any questions, please contact the assigned staff planner.
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Attachment A113
114
115
Attachment B
During the Neighborhood Information Meeting, the following concerns were brought up and
discussed:
➢ The top concern amongst neighbors is the availability of water with the proposed use of
the community well. Neighbors wondered whether there is sufficient water supply to
support future residents of the Rigsbee Subdivision (proposed) and already existing
homes in the area (established residents).
➢ Traffic on Highway 54 was also a concern. Some worried that the Rigsbee Subdivision
would add more cars, thus causing more delays and the possibility of more accidents.
Neighbors voiced their understanding that there is a future possibility of NCDOT widening
Highway 54. They indicated that they have no desire for Highway 54 to be widened.
➢ There were questions about the appearance of the proposed subdivision and if it would
align with the rural characters of the region.
➢ A few attendees expressed their concerns about how stormwater would be managed.
➢ Some neighbors are concerned about trespassing from future residents onto their
properties.
➢ Some neighbors requested clarification as to the property as surveyed by Forestar. There
was some confusion as to property lines, because of the ALTA survey.
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Attachment C
Based on the Neighborhood Information Meeting feedback, the following changes were
addressed on the plans or in process of being conducted:
➢ We have engaged a hydrogeologist with Spangler Environmental to study further water
availability and existing and future demand in the area.
➢ Our traffic engineer, Josh Reinke, PE with Bolton & Menk, prepared a Trip Generation
letter. NCDOT will review the study and determine if any road improvements, such as
turn lanes, are necessary as we move forward to subdivision plat. It should be noted that
NCDOT has received the Trip Generation Letter and a copy has been provided to
Orange County Planning Department.
➢ Our team is deeply focused on delivering a community that blends well with the rural and
natural characteristics of the region. We prepared and shared illustrations and
schematics of the proposed community prepared by Rachel Cotter RLA, Nicole Steele
PLA, Allison Gramolini RLA, CPSI, with Weston & Sampson Design Studio to specifically
show our desire to maintain the historic, natural environment and the overall rural
characteristic of the area.
➢ Danielle Cabral, EI and Don Sever, PE with Bowman Engineering will continue to
develop a stormwater design in accordance with County and State regulations.
➢ Forestar is reaching out to neighbors individually to address unique concerns raised in
the meeting.
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July 23, 2025
Rigsbee Rezoning Application
Case #: MA25-0002
PIN: 9749-42-2010
3531 NC Highway 54 W, Chapel Hill
Re: Development Advisory Committee Report (per UDO Section 1.9.5)
On March 6, 2025, the Orange County Development Advisory Committee met for a final review
and discussion of the conditional rezoning application Case #MA25-0002 from Forestar Group,
Inc. for PIN 9749-42-2010.
The Orange County Development Advisory Committee has no objections to the approval of the
zoning atlas amendment so long as the items in the attached departmental memos are
addressed. The application package features an abstract and staff report that provide the
foundations for my recommendation regarding this application and request.
Sincerely,
Patrick Mallett
Patrick Mallett
Deputy Director – Development Services
Attachment 5
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PLANNING and INSPECTIONS
Cy Stober, AICP, Director | cstober@orangecountync.gov | 131 W. Margaret Lane, Hillsborough, NC 27278 | 919.245.2575
Development Advisory Committee (DAC) Comments
DAC review comments and recommendations do not constitute plan or permit approval for this application
and/or replace any other plans and permits that may be required by other County departments and State
agencies.
Project: MA25-0002 (Rigsbee) Conditional Rezoning
Location/PIN: 9749422010
Applicant: Forestar Group Inc. c/o Laura Haywood
Staff Planner: Lauren Honeycutt, Planner II
DAC Meeting Date: March 6, 2025
Addressing and
Land Records Date: 2-27-25 Staff:
Britney Pendleton
brpendleton@orangecountync.gov
919-245-2576
1. The addressing team will need to discuss the number of road names needed, and if it
will need to be 3 named roads, or 6. Further review is needed
a. Roads can not “Y” split under our ordinance. Lots 35-38 road will need to be
named, separately from road “1”.
b. If continuous road loops will retain names, then road 1 might retain name through
lots 26-30
c. If continuous road loops will retain names, then road 2 might retain name lots 10 -
13
2. For Road Naming and Addressing Guidelines; information on how to reserve road
names, please visit: https://www.orangecountync.gov/3465/911-Addressing-and-Road-
Naming Road names are not reserved until confirmation is received from our team.
Attorney’s Office Date: Staff:
James Bryan
jbryan@orangecountync.gov
919-245-2319
1. No comments received.
Building
Inspections Date: Staff:
Michael Rettie
mrettie@orangecountync.gov
919-245-2604
1. No comments received.
DEAPR Date: Staff:
Chris Hirni
chirni@orangecountync.gov
919-245-2514
1. No comments received.
Environmental
Health Date: 3/4/25 Staff:
Victoria Hudson
vhudson@orangecountync.gov
919-245-2365
1. There are some earlier permit starts at 3341 NC 54 and a new well construction.
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2. No applications have been received for other actions.
3. No public health concerns.
Erosion
Control Date: Staff:
Tyler Sliger
Tsliger@orangecountync.gov
919-245-2582
1. Based on the materials provided for the March 6, 2025 DAC meeting, there are 2
mapped stream features or other surface water features (e.g. ponds and/or wetlands)
within the project’s parcel boundaries. Regulated streams (if any) must comply with
Section 6.13 of the Orange County Unified Development Ordinance (UDO). If applicable,
the applicant must also comply with Section 2.20 of the UDO and submit a Buffer Use
Authorization Certificate (BAC) application for disturbances inside the regulated stream
buffer.
2. Based on the submitted materials, the project isn’t proposing a stream crossing. If the
project proposes a crossing and/or is disturbing the stream channel a Pre -Authorization
Construction Notification (PCN) application will need to be submitted to the Un ited
States Army Corps of Engineers (USACE) for the scope of work and a USACE
Jurisdictional Determination (JD) must be forwarded to Orange County staff.
3. Based on the information provided and for the proposed/assumed limits of disturbance,
the project will need a Land Disturbance Permit (LDP). If this project requires a LDP the
applicant must adhere to Sections 2.18, 2.19, and 6.15 of the UDO. Orange County
strongly advises the applicant to submit an LDP upfront that accounts for the total project
including the roads and lots.
4. Please add the following signature block to the Final Plat:
A Land Disturbance Permit has/has not been approved for this subdivision. This
certification is not a Land Disturbance Permit or an approval for Land Disturbance.
Subsequent changes to this subdivision may affect the ability to obtain a Land
Disturbance Permit and/or Stormwater Permit.
________________ ______
Erosion Control Officer Date
Please add the following note to the Final Plat:
5. Orange County Erosion Control and Stormwater Note:
Orange County regulates: Land Disturbance (UDO Section 2.18); Stormwater
Management (UDO Section 2.21); Impervious Limits (UDO Section 4.2); Stream Buffer
buffers UDO Section 2.20); Floodplain Development (UDO Section 2.6); Watershed
Protection (UDO Section 4.2), and High -Quality Water Zone areas (HQW) (UDO Section
4.2). Before building, installing, developing or land disturbing on any parcel or area
within the subdivision, please contact the Orange County Erosion Control and
Stormwater Division to determine which regulations may apply. Orange County strongly
also advises the applicant to submit a Land Disturbance Permi t (LDP) before final plat
recordation to account for the total regulated disturbance(s), including any roads and lots
within the subdivision area. If permanent Stormwater Control Measures (SCMs) are
constructed to meet Stormwater Management requirements, then the SCM(s) may
require the recordation of permanent stormwater maintenance easements and/or access
easements (accessible via the nearest public right of way) to provide perpetual access to
the SCM(s) for Orange County inspection.
Fire and Life
Safety Date: 3/3/2025 Staff:
Chris Pendergrass
cpendergrass@orangecountync.gov
919-245-6125
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1. Asphalt, concrete or other approved driving surface capable of supporting the imposed
load of fire apparatus weighing at least 75,000 pounds
2. Roadway shall not exceed 10 percent in grade
3. Roadway shall be 20 feet wide, not including shoulders
4. Clearance over the road would have to be no lower than 13 1/2 feet
5. Two separate and approved apparatus access roads shall be provided when number of
dwelling units exceeds 30 with the exception of all dwelling units are equipped
throughout with approved automatic sprinkler system in accordance with Section
903.3.1.1, 903.3.1.2 or 903.3.1.3 of the International Fire Code. Number of dwellings on
a single fire apparatus access road shall not be increased unless fire apparatus access
roads will connect with future development as determined by the fire code official.
NCDOT Date: Staff:
David Genwright
digenwright@ncdot.gov
336-570-6833
Comments from correspondence included:
1. Prior to performing work in the NCDOT right of way, the applicant will need to obtain the
following:
a. Approved NCDOT Driveway Permit
b. Approved NCDOT 3-party encroachment agreement for any proposed/stipulated
water and sewer or sidewalk construction
2. Assuming proposal of public streets to be maintained by NCDOT. All requirements in the
Subdivision Manual January 2010 Revised December 2020.pdf must be met. NCDOT
does not allow privately maintained structural stormwater controls which would include
rain gardens within the NCDOT right of way. Refer to page 17 of this manual. Based on
the exhibit, the proposed rain gardens are located within areas inscribed by short loop
roads. If these roads are constructed to NCDOT geometric requirements, the areas
occupied by the proposed rain gardens would likely not fall within the right of way.
3. The proposed public roads would need to meet all NCDOT requirements
4. The proposed private accesses serving the lots and the postal CBU would not be eligible
for NCDOT maintenance and would be considered driveways subject to NCDOT
requirements.
Planning Date: 3/4/25 Staff:
Lauren Honeycutt
lahoneycutt@orangecountync.gov
919-245-2598
General
1. A Neighborhood Information Meeting (NIM) is required for a Conditional District Zoning
Atlas Amendment. The meeting shall be held a minimum of 14 days prior to the date of
the Planning Board meeting.
2. The R-CD District is intended to be used for the purpose of binding development to a
detailed site plan with a list of specific conditions that ensure compatibility and harmony
with surrounding areas. If conditions of approval are being proposed, please pr ovide a
draft for staff review.
3. UDO Section 3.8 Conditional Districts – R-CD includes a note of “for lots outside of a
Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for
lots that utilize ground absorption wastewater systems shall be 30,000 square feet for
parcels between 40,000 square feet and 1.99 acres in size.” Consider the inclusion of a
condition addressing that the proposed lot size is deviating from this minimum and that
the parcels will include suitable septic.
4. Please provide update regarding the status of the Minor Expedited Subdivision for the
existing home.
Application
1. Please expand the narrative to directly address the requirements in UDO Section
2.8.3(C-E):
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a. The alleged error in the Zoning Atlas and/or Unified Development Ordinance text
that would be corrected by the proposed amendment with a detailed explanation
of such error in the Zoning Atlas and/or Unified Development text and detailed
reasons how the proposed amendment will correct the alleged error
b. The changed or changing conditions, if any, in the area or in the County
generally, which makes the proposed Zoning Atlas and/or Unified Development
Ordinance text amendment reasonably necessary to promote the public health,
safety and general welfare
c. The manner in which the proposed Zoning Atlas and/or Unified Development
Ordinance text amendment will carry out the intent and purpose of the adopted
Comprehensive Plan or part thereof
2. The application description currently references development of “up to 45 single family
units.” Please revise this to reflect the 40 proposed units proposed in the site plan.
3. Please complete an Environmental Assessment, as required in UDO Section 2.15(B) for
Major Subdivisions.
4. Per UDO Section 5.21.1, since the proposed lots are to be served by community wells, a
professionally prepared groundwater yield analysis relating the proposed wells to the
U.S. Geological Survey Water Resources Investigations Report 00 -4286 and any later
USGS Water Resource Investigation Report data available is required.
5. Per UDO Section 5.21.1, a written and graphic site analysis illustrating soils, depth to
water table, slope, hydrology, vegetation, natural areas and habitats of special concern,
infrastructure and other constructed features, historic and archaeological sites, and
visual analysis of views into and from the site is required.
Site Plan
1. Per UDO Section 2.5.3 Site Plan Specifications and UDO Section 5.21.1 Major
Subdivision Standards for Conditional Districts, include the following elements in the
plan set. This may be on the site plan itself, or as a note, condition, or explanation in the
narrative.
a. Note the maximum impervious surface is N/A for the Haw River Watershed.
b. Indicate proposed use in the development data.
c. Note estimated traffic generated by the proposed development in trips per day .
d. Propose front, side, and rear setbacks.
e. To the best ability, estimate house footprints, building height, finished floor
elevation, and driveways. This may be addressed through an illustration of a
typical lot.
f. Show proposed access for each lot.
g. Common Open Space consists of both primary open space and secondary open
space. More information on primary and secondary areas can be found in UDO
Section 7.12.4(B) Planning for Open Space and Section 7.12.4(C) Types of
Common Open Space. Identify these areas and provide the total acreage of
both. Clearly illustrate Primary and Secondary Open Space boundaries and
describe the treatment of passive and active open space areas (e.g.,
natural/undisturbed areas, trails, recreational amenities), as well as type of
ownership.
h. For any amenities, provide a graphic representation of the improvement.
i. Identify the classification of roads proposed.
j. Include Six Mile Rd on the Preliminary Plat.
k. Show proposed street lighting, if any.
l. Show proposed signage, if any.
m. Relabel the area currently identified as wetlands to reflect the Special Flood
Hazard Area (100 Year FloodZone) and 500 Year Floodplain with stream buffers
applied.
n. To the best ability, illustrate the location of septic tanks and wastewater disposal
fields, as well as the community water supply system.
o. Illustrate any community well easements for individual lot access.
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p. Note the source of water supply and wastewater treatment methods.
q. Show private utility easements on the site plan and identify the relevant utility
providers.
r. Identify fire and police providers.
Landscape Plan
1. Please note the proposed barrier method for denoting the tree protection area. Per UDO
Section 6.8.4 Protection of Existing Vegetation, tree protection fencing shall be a
minimum of four feet in height, of durable construction, and shall be placed outside of
the drip line of the tree(s) to be protected .
2. Illustrate a typical lot to include between lot planting and street trees.
3. Provide a general description of the existing trees to be preserved. For example, this
could be a photograph of typical existing conditions.
4. Please include a note that new plants will be consistent with the Orange County
Preferred Plant List.
Solid Waste Date: 2/28/25 Staff:
Matt Taylor
mtaylor@orangecountync.gov
919-918-4905
1. Lots 10-13, 27-30 and 35-38 would either need to have the shared drives constructed to
handle the weight of weekly/bi-weekly visits from waste collection vehicles or they would
need to have a staging area to put their carts out for collection. Also, The roadway width
seems suitable for waste collection vehicles, we just need to ensure that the cul-de-sacs
are big enough for waste collection vehicles to turn around.
Stormwater
Management Date: 3/3/25 Staff:
Christopher Sandt
csandt@orangecountync.gov
919-245-2583
1. The project is located in the Haw River Unprotected Watershed Overlay District. A
Stormwater Management Plan (SMP) submittal is required if the proposed Land -
Disturbing Activity exceeds 43,560 square feet, or if the project is a subdivision. The
Land-Disturbing Activity threshold is cumulative to the parent parcel (i.e., the original
parcel boundary before subdividing) and will carry over to any/all resulting subdivided
parcels, regardless of development timelines or ownership transitions for the subdivided
parcels. Development activity associated with a subdivision will almost certainly trigger
the need for an SMP or a Land Disturbance Permit (LDP) up front, in concurrence with
the subdivision process. Orange County advises the applicant to clearly relay this
information in writing to prospective buyers/builders.
Transportation
Services Date: 3/4/2025 Staff:
Darlene Weaver
dweaver@orangecountync.gov
919-245-2002
1. No comment
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March 25, 2025
Gabriel J. Esparza
Secretary
Josh Stein
Governor
Dear Lauren Honeycutt:
The above referenced environmental impact information has been reviewed through the State Clearinghouse under
the provisions of the North Carolina Environmental Policy Act.
Attached to this letter are additional comments made in the review of this document. The Department of Cultural
Resources has requested additional information prior to their concurrence with the above referenced document.
Therefore, pursuant to 1 NCAC 25 .0506(c), this office requests that a supplemental document providing the
additional information requested by the Department of Cultural Resources be submitted to the Clearinghouse for
further review and comment.
If you have any questions, please do not hesitate to contact me at (984) 236-0000.
Sincerely,
KADISHA MOLYNEAUX
State Environmental Review Clearinghouse
Re: SCH File # 25-E-0000-0152 Rezoning Application for proposed Rigsbee Subdivision project on
approximately 63.99 acres parcel of land located on NC54, approximately 1000’ west of White Cross
Road Intersection in Bingham Township, NC. The current zoning is R1, Rural Residential, and the
proposed zoning is R-CD, Residential Cond
Lauren Honeycutt
Orange County Planning & Inspections
131 W. Margaret Lane, Suite 201
Hillsborough, NC 27278-
Attachments
Mailing
1301 Mail Service Center | Raleigh, NC 27699-1301
ncadmin.nc.gov
Location
325 N. Salisbury St. | Raleigh, NC 27603
984-236-0000
124
Control No.: 25-E-0000-0152 Date Received: 2/20/2025
Agency Response: 3/24/2025County.: ORANGE
Review Closed: 3/24/2025
LYN BILES
CLEARINGHOUSE COORDINATOR
DEPT OF ENVIRONMENTAL QUALITY
Project Information
Type:
Applicant:
Project Desc.:Rezoning Application for proposed Rigsbee Subdivision project on approximately 63.99 acres
parcel of land located on NC54, approximately 1000’ west of White Cross Road Intersection in
Bingham Township, NC. The current zoning is R1, Rural Residential, and the proposed zoning
is R-CD, Residential Conditional District. The proposed development consists of up to 45
single family units, each with a minimum of 20,000 SF lot. A NCDOT rural roadway section
with 20’ pavement and roadside ditches are proposed. County PIN 9749422010
As a result of this review the following is submitted:
No Comment Comments Below Documents Attached
Reviewed By: LYN BILES Date: 3/24/2025
State Environmental Policy Act ironmental Assessment
Orange County Planning & Inspections
125
Control No.: 25-E-0000-0152 Date Received: 2/20/2025
Agency Response: 3/24/2025County.: ORANGE
Review Closed: 3/24/2025
DEVON BORGARDT
CLEARINGHOUSE COORDINATOR
DEPT OF NATURAL & CULTURAL
RESOURCE
Project Information
Type:
Applicant:
Project Desc.:Rezoning Application for proposed Rigsbee Subdivision project on approximately 63.99 acres
parcel of land located on NC54, approximately 1000’ west of White Cross Road Intersection in
Bingham Township, NC. The current zoning is R1, Rural Residential, and the proposed zoning
is R-CD, Residential Conditional District. The proposed development consists of up to 45
single family units, each with a minimum of 20,000 SF lot. A NCDOT rural roadway section
with 20’ pavement and roadside ditches are proposed. County PIN 9749422010
As a result of this review the following is submitted:
No Comment Comments Below Documents Attached
Reviewed By: DEVON BORGARDT Date: 3/6/2025
State Environmental Policy Act ironmental Assessment
Orange County Planning & Inspections
126
Control No.: 25-E-0000-0152 Date Received: 2/20/2025
Agency Response: 3/24/2025County.: ORANGE
Review Closed: 3/24/2025
JINTAO WEN
CLEARINGHOUSE COORDINATOR
DPS - DIV OF EMERGENCY MANAGEMENT
Project Information
Type:
Applicant:
Project Desc.:Rezoning Application for proposed Rigsbee Subdivision project on approximately 63.99 acres
parcel of land located on NC54, approximately 1000’ west of White Cross Road Intersection in
Bingham Township, NC. The current zoning is R1, Rural Residential, and the proposed zoning
is R-CD, Residential Conditional District. The proposed development consists of up to 45
single family units, each with a minimum of 20,000 SF lot. A NCDOT rural roadway section
with 20’ pavement and roadside ditches are proposed. County PIN 9749422010
As a result of this review the following is submitted:
No Comment Comments Below Documents Attached
Reviewed By: JINTAO WEN Date: 3/10/2025
State Environmental Policy Act ironmental Assessment
Orange County Planning & Inspections
127
Control No.: 25-E-0000-0152 Date Received: 2/20/2025
Agency Response: 3/24/2025County.: ORANGE
Review Closed: 3/24/2025
ALEX JONES
CLEARINGHOUSE COORDINATOR
DEPT OF AGRICULTURE
Project Information
Type:
Applicant:
Project Desc.:Rezoning Application for proposed Rigsbee Subdivision project on approximately 63.99 acres
parcel of land located on NC54, approximately 1000’ west of White Cross Road Intersection in
Bingham Township, NC. The current zoning is R1, Rural Residential, and the proposed zoning
is R-CD, Residential Conditional District. The proposed development consists of up to 45
single family units, each with a minimum of 20,000 SF lot. A NCDOT rural roadway section
with 20’ pavement and roadside ditches are proposed. County PIN 9749422010
As a result of this review the following is submitted:
No Comment Comments Below Documents Attached
Reviewed By: ALEX JONES Date: 2/27/2025
State Environmental Policy Act ironmental Assessment
Orange County Planning & Inspections
128
PLANNING and INSPECTIONS
Cy Stober, AICP, Director | cstober@orangecountync.gov | 131 W. Margaret Lane, Hillsborough, NC 27278 | 919.245.2575
July 18, 2025
Finding of No Significant Impact (FONSI)
Zoning Atlas Amendment Application (Rigsbee)
MA25-0002
PIN: 9749-42-2010
A complete Environmental Assessment (EA) application for the Rigsbee Zoning Atlas
Amendment Application, for the property located at 3531 NC Highway 54 W, Chapel Hill at PIN
9749-42-2010 (hereafter, the 'Project'), has been received and reviewed by the Orange County
Planning and Inspections Department. The rezoning application, site plan, and Environmental
Impact Statement were sent to local, state, and federal agencies for review.
On April 10, 2025, the applicant submitted an Environmental Assessment application as
required within Section 6.16 of the Orange County Unified Development Ordinance. Staff did not
identify any element of the Project requiring the completion/submittal of an Environmental
Impact Statement (EIS). In addition, an EIS was not recommended by any local, state, or
federal agency.
Based on the information contained within the EA application, rezoning application, and site
plan, Orange County Planning staff review, and comments received from local, state, and
federal agencies, staff makes a Finding of No Significant Impact (FONSI) for the Project.
Sincerely,
Cy Stober
Planning and Inspections Director
129
STATEMENT OF CONSISTENCY
OF A PROPOSED ZONING ATLAS MAP AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
An applicant-initiated amendment to the Zoning Atlas has been reviewed to rezone a parcel as
follows:
Parcel
Identification
Number (PIN)
Tow nship Owner of
Record Current Zoning Proposed Zoning
9749-42-2010 Bingham Carolyn
Rigsbee
R-1 (Rural Residential)
(Not in a Water Supply
Watershed)
R-CD (Residential
Conditional District)
The Planning Board hereby finds:
a. The requirements of Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments and 2.9.1 Conditional Districts of the Orange County Unified Development
Ordinance (UDO) have been reviewed and, in addition to the standards of the UDO on
the date of approval, the following conditions have been deemed acceptable:
1. The subject property shall be developed generally in accordance with the
proposed site plan submitted as a part of this application (“Site Plan”).
2. All streets not offered to NCDOT as public streets shall meet the design
requirements of Class A Private Roads, provided that, private street rights-of-
way shall permit the encroachment of kiosks, raingardens, trails, parking,
gathering spaces, play areas and other similar improvements designed to serve
the neighborhood. No such encroachment shall extend into a Travel-Way, which
shall be at least eighteen feet (18’) wide and constructed of compacted gravel of
pavement.
3. The minimum lot size shall me 20,000 square feet.
4. No home shall be constructed on the subject property with more than four (4)
bedrooms.
5. A Homeowners Association (“HOA”) shall be established with a Declarations of
Development Restriction including Architectural Design Guidelines
(“Guidelines”) to be administered by an HOA-appointed Architectural Review
Committee (“ARC”) and shall be recorded with the Final Plat. The Guidelines
shall govern tree removal on individual lots and open spaces, subject to
approval of the ARC.
6. A decorative well house shall be installed over the well head within the general
area designated as “100’ well radius” on the Site Plan. The well house shall be
designed to incorporate elements of the existing Rigsbee farmhouse located on
Attachment 6
130
Highway 54 by utilizing white siding as the primary material on the exterior walls
and black accents such door color or light fixture color. A photo of the existing
Rigsbee farmhouse is attached hereto as Exhibit A-1. An example of a well
house that meets the requirements of this condition is attached as Exhibit A-2.
7. The mail kiosk shall be designed to complement the existing Rigsbee farmhouse
located on Highway 54 by continuing the white color for the exterior elements.
The mail kiosk shall incorporate a weather covering with recessed lighting for a
portion of the site and shall include at least two (2) benches and at least one (1)
trash can. An example of a mail kiosk that meets the requirements of this
condition is attached as Exhibit B.
8. Private trails shall be installed as shown on the Site Plan with precise trail
locations to be determined at subdivision plat. Trail surfaces shall be natural
(earthen), mulch, wood chip, gravel, or crushed stone. No asphalt or pavement
shall be permitted. Trail amenities shall include at least three (3) benches
located along the trail and at least (4) signs providing scientific information about
the flora and fauna found on the subject property with picture or other images.
9. Open Space areas shown on the Site Plan shall collectively include a total of
i. One (1) covered, open air structure similar to those shown on the attached
Exhibit C in the general area identified as the “Community Building
Structure” on the Site Plan;
ii. At least two (2) grilling stations;
iii. At least one (1) fire pit;
iv. At least four (4) trash cans;
v. At least four (4) pet waste stations; and
vi. At least ten (10) bird nesting boxes in the general area identified as a “bird
sanctuary” on the Site Plan, all to be maintained by the HOA.
10. Individual septic systems meeting Orange County requirements and designed to
serve homes with four (4) bedrooms shall be provided on each residential lot.
11. Subject to NCDOT approval, the property owner shall provide a right-hand turn
lane (deceleration) and a left-hand turn lane (center lane) into the property
entrance on Highway 54 meeting NCDOT standards.
b. Pursuant to Sections 1.1.5 Statement of Intent - Amendments, and 1.1.7 Conformance
with Adopted Plans of the UDO and to Section 160D-604(d) Planning Board review and
comment – Plan Consistency and 160D-605(a) Governing Board Statement – Plan
Consistency of the North Carolina General Statutes, the Board finds sufficient
documentation within the record denoting that the amendment is consistent with the
adopted 2030 Comprehensive Plan.
c. The amendment is consistent with applicable plans because it supports the following:
Planning Principle 1. Efficient and Fiscally Responsible Provision of Public Facilities
and Services: Orange County’s public facilities and services should be delivered in a
manner that efficiently uses existing capacity. Expansions of facilities and services
should be made only after careful consideration of the costs and benefits of
expansion.
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Staff Comment: Not applicable.
Planning Principle 2. Sustainable Growth and Development: Growth and development
within the county should occur in a pattern, location, and density that is sustainable
over the long-term.
Staff Comment: The proposed R-CD zoning district to allow for single-family dwellings
is consistent with the Rural Community Activity Node Land Use Classification
(Appendix F: Relationships Between Land Use Classifications and Zoning Districts).
The proposed lot count for the future subdivision does not exceed the maximum
density permitted by the density regulations in the UDO. The applicant proposes a
Flexible Subdivision following the Conservation Cluster model, which concentrates
the development outside of environmentally sensitive areas and maintains contiguous
Common Open Space on 25.11 acres, or 41.11% of the parcel subject to rezoning.
A conditional zoning district is required to permit a Major Subdivisions of 21 lots or
more, allowing for legislative review of the proposed site plan by the Planning Board
and Board of County Commissioners to assess its suitability and apply site-specific
conditions to ensure any unique aspects of the project not captured within typical
development standards are met.
Planning Principle 3A. Encouragement of Energy Efficiency, Lower Energy
Consumption, and the Use of Non-Polluting Renewable Energy Resource:
Decreasing the use of non-renewable resources and lowering energy consumption
are encouraged in both public and private activities. The county’s transportation
system should be enhanced to promote more energy efficient modes of travel and
improve air quality.
Staff Comment: Not applicable.
Planning Principle 4. Natural Area Resource Protection: Protection of the County’s
natural areas, including forests, wildlife habitat, and other important open spaces
should be a priority. The County should work with regional and local organizations,
the towns, and private landowners to promote and achieve preservation of the
County’s important natural resources.
Staff Comment: The applicant provided an Environmental Assessment and an
Environmental Impact Statement as part of the application package. County staff has
reviewed and determined no significant environmental impact is expected from this
project based on existing conditions. The proposed Conservation Cluster Flexible
Development Subdivision has taken the identified environmental features into
consideration in its design and construction commitments to minimize negative
impacts. Environmentally sensitive features have been preserved in dedicated open
space and or committed landscaping.
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Planning Principle 5. Preservation of Rural Land Use Pattern: The County’s rural
areas are a cherished component of the County’s character. Future development
should preserve and enhance the county’s rural landscape.
Staff Comment: The 2030 Comprehensive Plan, particularly Appendix G: Land Use
Classification and Overlay Locational Criteria, identifies the Rural Community Activity
Node land use classification as “land focused on designated road intersections which
serves as a nodal crossroads for the surrounding rural community and is an
appropriate location for any of the following uses: church, fire station, small post
office, school, or other similar institutional uses and one or more commercial uses.”
The subdivision proposed with the binding site plan adheres to the density of rural
development reflected in the surrounding area’s residential land use patterns, with an
overall density of 1 dwelling unit per 1.42 acres, not including the property owner’s
future parcel. It does, however, achieve this by concentrating lots to protect the more
sensitive areas of the land from development, respecting the rural character and
environmental protections prioritized by the Comprehensive Plan. This measured
approach is compatible with the nodal crossroads location, introducing more
households in an environmentally-sensitive conservation cluster pattern that will
support the node’s present and future non-residential uses while being consistent with
the residential development densities of the surrounding area.
Any development resulting from the Conditional District rezoning approval will
conform with all applicable UDO regulations to ensure development does not create
undue impacts to the surrounding uses of single-family residential and small
commercial uses.
The binding site plan subject to the Conditional District proposes Common Open
Space on 25.11 acres, or 41.11% of the parcel subject to rezoning. The applicant has
stated a commitment to ensuring that the rural and historic character of the
community is incorporated into the design of the neighborhood and architecture of the
shared amenities. Exhibits addressing rural and historic character are included in the
conditions offered by the applicant.
Planning Principle 6. Water Resources Preservation: The County has finite water
resources to provide to future populations. The protection and management of the
County’s water resources should be a high priority.
Staff Comment: The site-specific plan presented for the proposed zoning atlas
amendment proposes the use of a community well. The future subdivision will not
require use of public utilities. Any future development will be subject to regulation
under the County’s stormwater and stream buffer regulations.
Planning Principle 7. Promotion of Economic Prosperity and Diversity: Development
of a diversity of new businesses and expansion of existing businesses should occur in
Orange County.
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Staff Comment: Not applicable.
Planning Principle 8. Preservation of Community Character: Future growth and
development should occur in a manner that preserves and enhances the existing
character of the County, its townships, and rural crossroads communities.
Staff Comment: According to Appendix F: Relationships Between Land Use
Classifications and Zoning Districts, the proposed R-CD (Residential Conditional
District) zoning district is consistent with the Rural Community Activity Node land use
classification, defined in the 2030 Comprehensive Plan as “land focused on
designated road intersections which serves as a nodal crossroads for the surrounding
rural community and is an appropriate location for any of the following uses: church,
fire station, small post office, school, or other similar institutional uses and one or
more commercial uses.” The eligible zoning districts in the Rural Community Activity
Node future land use classification include R-CD (Residential Conditional District).
Land Use Overarching Goal: Coordination of the amount, location, pattern, and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County’s population and economy consistent
with other Comprehensive Plan element goals and objectives.
Staff Comment:
The zoning atlas amendment with a site-specific plan as proposed for conditional
approval is consistent with the 2030 Comprehensive Plan’s stated goals. The
development pattern for the proposed future subdivision will follow a Conservation
Cluster model, with considerations that balance the dedication of Common Open
Space and minimized environmental impacts with creating housing.
Should approval of the zoning atlas amendment be granted, the Major Subdivision
process and Residential Building Permit review following the rezoning are in place to
ensure all development is in accordance with the UDO and remains compatible with
minimal negative impacts to the immediate area.
Land Use Goal 2: Land uses that are appropriate to on-site environmental conditions
and features, and that protect natural resources, cultural resources, and community
character.
Staff Comment: The binding site-specific plan proposes Common Open Space on
25.11 acres. This open space is divided between Primary Open Space, which is
undisturbed areas including water features and tree preservation areas, and
Secondary Open Space, which provides outdoor recreational amenities, such as
unpaved walking trails for residents. Both considerations prioritize the preservation of
valuable existing site features and ensure development is clustered outside of these
sensitive areas.
The parcel contains floodway, streams, Special Flood Hazard Area (100 Year
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Floodplain), 500 Year Floodplain. Future development is not proposed to impact
these features.
Land Use Goal 3: A variety of land uses that are coordinated within a program and
pattern that limits sprawl, preserves community and rural character, minimizes land
use conflicts, supported by an efficient and balanced transportation system.
Staff Comment: According to Appendix F: Relationships Between Land Use
Classifications and Zoning Districts, the proposed R-CD (Residential Conditional
District) zoning district is consistent with the Rural Community Activity Node land use
classification, defined in the 2030 Comprehensive Plan as “land focused on
designated road intersections which serves as a nodal crossroads for the surrounding
rural community and is an appropriate location for any of the following uses: church,
fire station, small post office, school, or other similar institutional uses and one or
more commercial uses.” The eligible zoning districts in the Rural Community Activity
node future land use classification include R-CD (Residential Conditional District).
Any site development will be subject to standards from the Orange County UDO and
limited to the site plan held with the conditional district in order to protect neighboring
properties and minimize land use conflicts.
Land Use Goal 6: A land use planning process that is transparent, fair, open,
efficient, and responsive.
Staff Comment: The Orange County staff has noticed the public regarding this
application, as required by Sections 2.8.7, 2.9.1(D), and 2.9.2 of the UDO, including a
required Neighborhood Information Meeting, mailings to neighboring property
owners, posting of the property, and advertisement in the local newspapers.
Additionally, staff have provided all application documents on the Active Development
Projects webpage.
Appendix F, Land Use Classification Description for Rural Community Activity Node:
Land focused on designated road intersections which serves as a nodal crossroads
for the surrounding rural community and is an appropriate location for any of the
following uses: church, fire station, small post office, school, or other similar
institutional uses and one or more commercial uses.
Staff Comment: The requested zoning district is consistent with the 2030
Comprehensive Plan, Appendix F, Relationships Between Land Use Classifications
and Zoning Districts.
a. The amendment is reasonable and in the public interest because it furthers the goals of
the adopted Comprehensive Plan and is located in an area designated on the Future Land
Use Map as “Rural Community Activity Node.”
The Planning Board hereby adopts this Statement of Consistency and the findings expressed
herein and recommends the Board of County Commissioners consider adoption of the proposed
Zoning Atlas Amendment.
135
Vote: ____ For, ____ Against
Lamar Proctor, Chair Date
136
STATEMENT OF INCONSISTENCY
OF A PROPOSED ZONING ATLAS MAP AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
An applicant-initiated amendment to the Zoning Atlas has been reviewed to rezone a parcel as
follows:
Parcel
Identification
Number (PIN)
Tow nship Owner of
Record Current Zoning Proposed Zoning
9749-42-2010 Bingham Carolyn
Rigsbee
R-1 (Rural Residential)
(Not in a Water Supply
Watershed)
R-CD (Residential
Conditional District)
The Planning Board hereby finds:
a. The requirements of Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments and 2.9.1 Conditional Districts of the UDO have been reviewed and the
following standards conditions have been deemed unacceptable:
1. The subject property shall be developed generally in accordance with the
proposed site plan submitted as a part of this application (“Site Plan”).
2. All streets not offered to NCDOT as public streets shall meet the design
requirements of Class A Private Roads, provided that, private street rights-of-
way shall permit the encroachment of kiosks, raingardens, trails, parking,
gathering spaces, play areas and other similar improvements designed to serve
the neighborhood. No such encroachment shall extend into a Travel-Way, which
shall be at least eighteen feet (18’) wide and constructed of compacted gravel of
pavement.
3. The minimum lot size shall me 20,000 square feet.
4. No home shall be constructed on the subject property with more than four (4)
bedrooms.
5. A Homeowners Association (“HOA”) shall be established with a Declarations of
Development Restriction including Architectural Design Guidelines
(“Guidelines”) to be administered by an HOA-appointed Architectural Review
Committee (“ARC”) and shall be recorded with the Final Plat. The Guidelines
shall govern tree removal on individual lots and open spaces, subject to
approval of the ARC.
6. A decorative well house shall be installed over the well head within the general
area designated as “100’ well radius” on the Site Plan. The well house shall be
designed to incorporate elements of the existing Rigsbee farmhouse located on
Highway 54 by utilizing white siding as the primary material on the exterior walls
137
and black accents such door color or light fixture color. A photo of the existing
Rigsbee farmhouse is attached hereto as Exhibit A-1. An example of a well
house that meets the requirements of this condition is attached as Exhibit A-2.
7. The mail kiosk shall be designed to complement the existing Rigsbee farmhouse
located on Highway 54 by continuing the white color for the exterior elements.
The mail kiosk shall incorporate a weather covering with recessed lighting for a
portion of the site and shall include at least two (2) benches and at least one (1)
trash can. An example of a mail kiosk that meets the requirements of this
condition is attached as Exhibit B.
8. Private trails shall be installed as shown on the Site Plan with precise trail
locations to be determined at subdivision plat. Trail surfaces shall be natural
(earthen), mulch, wood chip, gravel, or crushed stone. No asphalt or pavement
shall be permitted. Trail amenities shall include at least three (3) benches
located along the trail and at least (4) signs providing scientific information about
the flora and fauna found on the subject property with picture or other images.
9. Open Space areas shown on the Site Plan shall collectively include a total of
i. One (1) covered, open air structure similar to those shown on the attached
Exhibit C in the general area identified as the “Community Building
Structure” on the Site Plan;
ii. At least two (2) grilling stations;
iii. At least one (1) fire pit;
iv. At least four (4) trash cans;
v. At least four (4) pet waste stations; and
vi. At least ten (10) bird nesting boxes in the general area identified as a “bird
sanctuary” on the Site Plan, all to be maintained by the HOA.
10. Individual septic systems meeting Orange County requirements and designed to
serve homes with four (4) bedrooms shall be provided on each residential lot.
11. Subject to NCDOT approval, the property owner shall provide a right-hand turn
lane (deceleration) and a left-hand turn lane (center lane) into the property
entrance on Highway 54 meeting NCDOT standards.
b. Pursuant to Sections 1.1.5 Statement of Intent - Amendments, and 1.1.7 Conformance
with Adopted Plans of the UDO and to Section 160D-604(d) Planning Board review and
comment – Plan Consistency and 160D-605(a) Governing Board Statement – Plan
Consistency of the North Carolina General Statutes, the Board finds sufficient
documentation within the record denoting that the amendment is inconsistent with the
adopted 2030 Comprehensive Plan.
c. As such, the following principles, goals, and objectives of the 2030 Comprehensive Plan
are consistent with the Rigsbee - Conditional District proposal:
Planning Principle 1. Efficient and Fiscally Responsible Provision of Public Facilities
and Services: Orange County’s public facilities and services should be delivered in
a manner that efficiently uses existing capacity. Expansions of facilities and
services should be made only after careful consideration of the costs and benefits
of expansion.
138
Planning Principle 2. Sustainable Growth and Development: Growth and
development within the county should occur in a pattern, location, and density that
is sustainable over the long-term.
Planning Principle 3A. Encouragement of Energy Efficiency, Lower Energy
Consumption, and the Use of Non-Polluting Renewable Energy Resource:
Decreasing the use of non-renewable resources and lowering energy consumption
are encouraged in both public and private activities. The county’s transportation
system should be enhanced to promote more energy efficient modes of travel and
improve air quality.
Planning Principle 4. Natural Area Resource Protection: Protection of the County’s
natural areas, including forests, wildlife habitat, and other important open spaces
should be a priority. The County should work with regional and local organizations,
the towns, and private landowners to promote and achieve preservation of the
County’s important natural resources.
Planning Principle 5. Preservation of Rural Land Use Pattern: The County’s rural
areas are a cherished component of the County’s character. Future development
should preserve and enhance the county’s rural landscape.
Planning Principle 6. Water Resources Preservation: The County has finite water
resources to provide to future populations. The protection and management of the
County’s water resources should be a high priority.
Planning Principle 7. Promotion of Economic Prosperity and Diversity:
Development of a diversity of new businesses and expansion of existing
businesses should occur in Orange County.
Planning Principle 8. Preservation of Community Character: Future growth and
development should occur in a manner that preserves and enhances the existing
character of the County, its townships, and rural crossroads communities.
Land Use Overarching Goal: Coordination of the amount, location, pattern, and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County’s population and economy
consistent with other Comprehensive Plan element goals and objectives.
Land Use Goal 2: Land uses that are appropriate to on-site environmental
conditions and features, and that protect natural resources, cultural resources, and
community character.
Land Use Goal 3: A variety of land uses that are coordinated within a program and
pattern that limits sprawl, preserves community and rural character, minimizes land
139
use conflicts, supported by an efficient and balanced transportation system.
Land Use Goal 6: A land use planning process that is transparent, fair, open,
efficient, and responsive.
Appendix F, Land Use Classification Description for Rural Community Activity
Node: Land focused on designated road intersections which serves as a nodal
crossroads for the surrounding rural community and is an appropriate location for
any of the following uses: church, fire station, small post office, school, or other
similar institutional uses and one or more commercial uses.
The Planning Board hereby adopts this Statement of Inconsistency and the findings expressed
herein and recommends the Board of County Commissioners consider denial of the proposed
Zoning Atlas Amendment.
Vote: ____ For, ____ Against
Lamar Proctor, Chair Date
140
Ordinance #:
AN ORDINANCE AMENDING THE
ORANGE COUNTY ZONING ATLAS
WHEREAS, Orange County has received and processed a petition submitted by Forestar Group, Inc.
(hereafter ‘the Applicant’) seeking to amend the Orange County Zoning Atlas, as established in
Section 1.2 of the Orange County Unified Development Ordinance (UDO), and
WHEREAS, this petition seeks to rezone +/- 61.11 acres (PIN: 9749-42-2010) from R-1 (Rural
Residential) to R-CD (Residential Conditional District) for the purpose of a Major Subdivision; and
WHEREAS, the petition has been submitted with a site plan in accordance with the provisions of
Section 2.9.1 (C) of the UDO; and
WHEREAS, the requirements of Section 2.8 and 2.9 of the UDO have been deemed complete; and
WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably
necessary to promote the public health, safety, and general welfare; and
WHEREAS, the Board has found the proposed zoning atlas amendment to be consistent with the
adopted 2030 Comprehensive Plan and reasonable and in the public interest.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Zoning
Atlas is hereby amended to rezone the aforementioned parcel to R-CD (Residential Conditional District),
as detailed within the submitted application.
BE IT FURTHER ORDAINED THAT in accordance with Section 2.9.1 (F) of the UDO the approval of
this Conditional Zoning application is subject to the following mutually agreed to conditions:
1. The subject property shall be developed generally in accordance with the proposed site plan
submitted as a part of this application (“Site Plan”).
2. All streets not offered to NCDOT as public streets shall meet the design requirements of Class A
Private Roads, provided that, private street rights-of-way shall permit the encroachment of kiosks,
raingardens, trails, parking, gathering spaces, play areas and other similar improvements designed
to serve the neighborhood. No such encroachment shall extend into a Travel-Way, which shall be at
least eighteen feet (18’) wide and constructed of compacted gravel of pavement.
3. The minimum lot size shall me 20,000 square feet.
4. No home shall be constructed on the subject property with more than four (4) bedrooms.
5. A Homeowners Association (“HOA”) shall be established with a Declarations of Development
Restriction including Architectural Design Guidelines (“Guidelines”) to be administered by an HOA-
appointed Architectural Review Committee (“ARC”) and shall be recorded with the Final Plat. The
Guidelines shall govern tree removal on individual lots and open spaces, subject to approval of the
ARC.
6. A decorative well house shall be installed over the well head within the general area designated as
“100’ well radius” on the Site Plan. The well house shall be designed to incorporate elements of the
existing Rigsbee farmhouse located on Highway 54 by utilizing white siding as the primary material
on the exterior walls and black accents such door color or light fixture color. A photo of the existing
Rigsbee farmhouse is attached hereto as Exhibit A-1. An example of a well house that meets the
requirements of this condition is attached as Exhibit A-2.
7. The mail kiosk shall be designed to complement the existing Rigsbee farmhouse located on Highway
54 by continuing the white color for the exterior elements. The mail kiosk shall incorporate a weather
covering with recessed lighting for a portion of the site and shall include at least two (2) benches and
at least one (1) trash can. An example of a mail kiosk that meets the requirements of this condition
is attached as Exhibit B.
8. Private trails shall be installed as shown on the Site Plan with precise trail locations to be determined
Attachment 7 141
at subdivision plat. Trail surfaces shall be natural (earthen), mulch, wood chip, gravel, or crushed
stone. No asphalt or pavement shall be permitted. Trail amenities shall include at least three (3)
benches located along the trail and at least (4) signs providing scientific information about the flora
and fauna found on the subject property with picture or other images.
9. Open Space areas shown on the Site Plan shall collectively include a total of
a. One (1) covered, open air structure similar to those shown on the attached Exhibit C in the
general area identified as the “Community Building Structure” on the Site Plan;
b. At least two (2) grilling stations;
c. At least one (1) fire pit;
d. At least four (4) trash cans;
e. At least four (4) pet waste stations; and
f. At least ten (10) bird nesting boxes in the general area identified as a “bird sanctuary” on the
Site Plan, all to be maintained by the HOA.
10. Individual septic systems meeting Orange County requirements and designed to serve homes with
four (4) bedrooms shall be provided on each residential lot.
11. Subject to NCDOT approval, the property owner shall provide a right-hand turn lane (deceleration)
and a left-hand turn lane (center lane) into the property entrance on Highway 54 meeting NCDOT
standards.
BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and
that this ordinance is effective upon its adoption.
Upon motion of Commissioner _, seconded by Commissioner
, the foregoing ordinance was adopted this __________ day of
, 2025.
I, Laura Jensen, Clerk to the Board of Commissioners for Orange County, DO HEREBY
CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting
held on , 2025 as relates in any way to the adoption of the foregoing and
that said proceedings are recorded in the minutes of the said Board.
WITNESS my hand and the seal of said County, this day of , 2025.
SEAL
Clerk to the Board of Commissioners
142