HomeMy WebLinkAboutMinutes 10-07-2025-Business Meeting 1
APPROVED 11/6/25
MINUTES
ORANGE COUNTY
BOARD OF COMMISSIONERS
BUSINESS MEETING
October 7, 2025
7:00 p.m.
The Orange County Board of Commissioners met for a Business Meeting on Tuesday, October
7, 2025, at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, NC.
COUNTY COMMISSIONERS PRESENT: Chair Jamezetta Bedford, Vice-Chair Jean Hamilton
and Commissioners Marilyn Carter, Amy Fowler, Sally Greene, Earl McKee, and Phyllis Portie-
Ascott
COUNTY COMMISSIONERS ABSENT: None.
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Travis Myren, Deputy County Manager Caitlin
Fenhagen, and Clerk to the Board Laura Jensen. (All other staff members will be identified
appropriately below)
Chair Bedford called the meeting to order at 7:00 p.m. All commissioners were present.
1. Additions or Changes to the Agenda
A motion was made by Chair Bedford and seconded by Commissioner McKee to remove
item 8-d from the agenda.
VOTE: UNANIMOUS
Commissioner McKee noted that one applicant for item 11 was not included in the
agenda packet and asked that the Board take time to review the application before making a
decision.
Chair Bedford read the public charge. She reviewed the instructions for making public
comment.
2. Public Comments (Limited to One Hour)
a. Matters not on the Printed Agenda
Sara Stephens from Duke Energy said she is the new district manager with Duke
Energy, and she will be the county's representative.
An individual named Gurley said he wanted to speak on a possible bridge at Ayr Mount
and asked for more information.
Chair Bedford said that would probably be a topic for the Town of Hillsborough or the
non-profit.
Laura Streitfeld requested that a discussion on the Strategic Communications Work
Group be put on a future agenda. She suggested changes to improve communications with the
public. She asked that Board of County Commissioners meetings be included in the weekly
Orange County newsletter and on social media posts, not just a separate link to events. She
said Planning Department project pages do not include outcomes of meetings. She asked the
Board to consider how they might engage the public more effectively in important decisions that
are taking place. She said it's important to have a big public turnout to influence decisions about
land use and other issues, but posted signs for planning and zoning meetings are small and
illegible to passing drivers. She said neighborhood meetings are run by developers who cannot
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advise neighbors about the procedures for engaging in the process and don't appear to report
thoroughly on some of the concerns raised by neighbors for planning and zoning decisions.
She said there is no mention of how or where to send comments to the Planning Board or to
commissioners' email accounts. She asked the Board to prioritize equitable access to
information.
b. Matters on the Printed Agenda
(These matters will be considered when the Board addresses that item on the agenda below.)
3. Announcements, Petitions and Comments by Board Members
Commissioner Fowler said she attended the Triangle West TPO meeting where they
held a public hearing on the 2025 MTP preferred options and their work plan. She said they
approved the SPOT 8 candidate project list. She said there was a Board of Health meeting on
September 24t". She said one of the subcommittees is preparing a resolution advocating for
initiatives to increase affordable housing, recognizing it as a health issue. She said she
attended Last Fridays in Hillsborough with the Board of Health to provide information on suicide
prevention. She said she attended a meeting the evening before with Justice United where
vertical equity in tax revaluations was discussed. She said the Board is very committed to
researching this issue in detail and examining inequities so that they can improve.
Commissioner Carter said she attended the reception for Paint it Orange, hosted by the
Arts Commission. She congratulated the winners and said that the event demonstrates the
county's whole community focus. She said she toured the OWASA plant on Mason Farm Road.
She learned more about how they managed the flooding from Tropical Storm Chantal. She said
she attended the Justice United event the previous evening. She petitioned for the Board to
receive brief updates on the progress of that work at every business meeting. She said she was
looking forward to hearing more about the impacts of federal funding changes to nutrition
programs.
Vice-Chair Hamilton said she attended the Justice United meeting the previous evening.
She was glad to hear from many residents of how the revaluation process affects them and is
committed to finding a way to do it better.
Chair Bedford highlighted the Orange County Road Show on October 12 at the Cedar
Grove Community Center. She noted that there was a proclamation for 4-H Week on the
agenda and she applauded the group for the work they do with children. She said it was Fire
Prevention Week and gave tips on preventing fires from lithium batteries and chargers. She
noted item 8-1 on the agenda regarding animal control contracts with the municipalities. She
petitioned for information on why animal control is not available on the weekends, the history of
animal services in the county, and why the towns pay for service.
Commissioner Greene said that this week is Banned Books Week. She said the theme
is "Censorship is so 1984 - Read for Your Rights." She said Pen America, an organization that a
literary organization that champions the freedom to write, reports that 6,870 books were banned
from school libraries in 2024-25. She said that the General Assembly passed a law in July
requiring schools to catalog all books in libraries, including the books kept by teachers in their
classrooms. She noted the Arts and Humanities Month proclamation on the agenda, and said
the the humanities are best equipped to teach critical thinking and fostering the power of
empathy. She said empathy is needed to get through the present time and back to the
framework of a pluralistic society, because pluralism is essential to a democratic culture. She
petitioned for a formal proclamation for Banned Books week and an updated Arts and
Humanities Month proclamation.
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Commissioner Portie-Ascott said she completed her orientation as district director for
District 9 with NCACC, and said data fact sheets are available at NCACC.org that provide a
clear picture of how Orange County performs across key areas. She emphasized that while data
helps understand numbers, conversations with people help understand lived experiences. She
attended meetings at Caldwell with Commissioners McKee and Carter, and met with the
Neighbor to Neighbor Rural Organizing Committee with Commissioner McKee to share county
updates. She petitioned the board to make biannual community town halls a regular practice
starting January 2026, held in different parts of the county and livestreamed to keep
communities informed and connected.
Commissioner McKee said he supported the petition for a biannual community town hall
and noted the advantages for residents to have another way to share information with the
county. He said he attended the Justice United meeting the previous evening to hear more from
residents. He highlighted item 8-r, honoring Coach Willie Lawrence Vanhook. He petitioned
management to look at the possibility of additional staff or outside appraisal personnel to
perform full appraisals on each property under appeal and those already appealed, stating that
if appraisals come in lower than the reevaluation, that appeal value should be honored, and that
certified appraisals lower than county reevaluation should be honored.
4. Proclamations/ Resolutions/ Special Presentations
a. Disability Employment Awareness Month Proclamation
The Board approved a proclamation declaring October 2025 as Disability Employment
Awareness Month in Orange County.
BACKGROUND: October is recognized nationally as Disability Employment Awareness Month
and 2025 marks the 80th anniversary of this observance, which began in 1945 and has grown
to honor the contributions of individuals with all types of disabilities, including those with mental
health conditions and other non-apparent disabilities. Orange County affirms its commitment to
inclusion, opportunity, and respect for all people, and recognizes the ongoing importance of
expanding access to employment for individuals with disabilities and promoting inclusive
practices that ensure people with disabilities have equal access to good jobs and opportunities.
Brenda Bartholomew, Human Resources Director, introduced the item.
Commissioners read the following proclamation in turn:
ORANGE COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
DISABILITY EMPLOYMENT AWARENESS MONTH
OCTOBER 2025
WHEREAS, October is recognized nationally as Disability Employment Awareness Month; and
WHEREAS, 2025 marks the 80th anniversary of this observance, which began in 1945 with a
focus on workers with physical disabilities and has since evolved to include the contributions of
individuals with all types of disabilities, including mental health conditions and other
nonapparent disabilities; and
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WHEREAS, the purpose of Disability Employment Awareness Month is to educate the public
about disability employment issues while celebrating the many and varied contributions of
America's workers with disabilities; and
WHEREAS, this year's national theme, "Celebrating Value and Talent," highlights the skills,
perspectives, and achievements that workers with disabilities bring to our workplaces and our
economy; and
WHEREAS, Orange County recognizes the immense contributions of individuals with disabilities
and reaffirms its commitment to dignity, respect, inclusion, and opportunity for all residents; and
WHEREAS, Orange County continues to work toward building an inclusive community,
increasing access to good jobs, and reinforcing the value and talent people with disabilities
contribute to our workplaces and communities;
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners
recognizes and commemorates the 80th anniversary of National Disability Employment
Awareness Month and declares October 2025 as Disability Employment Awareness Month
in Orange County; and
BE IT FURTHER RESOLVED that the U.S. Department of Labor's Office of Disability
Employment Policy and Orange County call upon employers, schools, and community
organizations to ensure that individuals with disabilities have meaningful access to good jobs
every month of every year; and
BE IT FURTHER RESOLVED that the Orange County Board of Commissioners pledges to
continue efforts to recruit, hire, retain, and advance individuals with disabilities and to pursue the
goals of opportunity, full participation, economic self-sufficiency, and independent living for all
people with disabilities.
This, the 7th day of October, 2025.
Jamezetta Bedford, Chair
Orange County Board of Commissioners
A motion was made by Commissioner Fowler, seconded by Vice-Chair Hamilton, to
approve the proclamation and give the Chair the authority to sign it on behalf of the Board.
VOTE: UNANIMOUS
Chair Bedford said several commissioners are parents of children with disabilities and
emphasized that even if an adult child can't work eight hours a day, having opportunities for
some work or volunteer work and community interaction is incredibly valuable.
Commissioner Fowler said that she served as a job coach that afternoon for her son who
works at a local organization folding clothes and putting stamps on envelopes, which he does
with pride and care. She said she appreciates his ability to work and the proclamation.
b. Domestic Violence Awareness Month Proclamation
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The Board approved a proclamation recognizing October 2025 as Domestic Violence
Awareness Month in Orange County.
BACKGROUND: Domestic Violence is a pattern of behaviors used by someone to maintain
power and control in an intimate or family relationship.
In 1989, the U.S. Congress first passed Public Law 101-112 designating October of that year as
National Domestic Violence Awareness Month, and has adopted similar legislation each year
thereafter. The goal has been to educate and make the public aware of domestic violence
issues, support the victims of domestic violence, and to connect advocates across the nation
who are working to end domestic violence.
The Board of Commissioners is asked to proclaim October 2025 as "Domestic Violence
Awareness Month" in Orange County to support victims of domestic violence, to educate
residents, and support those working to end domestic violence.
Commissioners read the following proclamation in turn:
ORANGE COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
DOMESTIC VIOLENCE AWARENESS MONTH 2O25
WHEREAS, domestic violence is a pattern of behaviors used by someone to maintain power
and control in an intimate or family relationship; and
WHEREAS, domestic violence encompasses not only physical abuse, but also emotional,
verbal, financial, sexual, or digital abuse, isolation, and/or stalking; and
WHEREAS, domestic violence disproportionately impacts racial and ethnic minorities,
undocumented people, women, trans and gender non-conforming people, and disabled people;
and
WHEREAS, racism, sexism, xenophobia, transphobia, ableism, and other forms of oppression
and discrimination perpetuate domestic violence and make seeking safety and stability more
difficult for marginalized survivors; and
WHEREAS, according to the National Coalition Against Domestic Violence, on average nearly
20 people per minute are abused by an intimate partner in the United States. During one year,
this equates to more than 10 million people; and
WHEREAS, in North Carolina, according to the North Carolina Coalition Against Domestic
Violence, at least 94 individuals were murdered by a current or former intimate partner in 2024
and at least 49 have been murdered so far in 2025; and
WHEREAS, Compass Center, the state-designated domestic violence service provider for
Orange County, serves more than 1,600 survivors of domestic violence each year through its
24-hour domestic violence crisis and lethality assessment program lines, support groups, court
and community advocacy, Latinx programs, career and financial counseling, and other services
and engages thousands more in prevention education and outreach; and
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WHEREAS, preventing domestic violence requires the collective awareness, care, and action of
individuals, institutions, and systems to transform our communities through social norms,
policies, and laws that reject violence and abuse and promote healthy relationships based on
respect, trust, and equity;
NOW, THEREFORE, we, the Orange County Board of County Commissioners, do hereby
proclaim October 2025 to be:
"Domestic Violence Awareness Month"
and encourage the residents of Orange County to observe this time in ways appropriate to its
importance and significance.
Proclaimed this the 71" day of October, 2025.
Jamezetta Bedford, Chair
Orange County Board of Commissioners
A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to
approve the proclamation and give the Chair the authority to sign it on behalf of the Board.
VOTE: UNANIMOUS
Patrick Summers from the Compass Center said that the numbers have changed since
the proclamation was written. He said that on average, someone is murdered by domestic
violence every five and a half days, and that figure has increased in the last five years. He
thanked the Board for recognizing Domestic Violence Awareness Month and for their support.
5. Public Hearings
a. Zoning Atlas Amendment— 3531 NC Highway 54 W, Chapel Hill, Bingham Township
The Board held a public hearing, receive the Planning Board and staff recommendations,
received public comment, closed the public hearing, and approved 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.
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. 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). All application materials can be found on the Orange County
Permit Portal. Sections 2.8 and 2.9 of the Orange County UDO require the following review:
0 FIRST ACTION —Application is sent for courtesy review.
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STAFF COMMENT: County staff submitted application materials to the State
Clearing House for review on February 18, 2025. Comments were received
from the Orange Grove Fire Department on July 18, 2025. All courtesy review
comments are available on the Orange County Permit Portal.
• SECOND ACTION —Applicant holds a Neighborhood Information Meeting (NIM).
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.
• THIRD 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 reviewed this application at its regular
meeting on August 6, 2025, and recommended approval by a 6-3 vote.
• FOURTH 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 scheduled for October 7, 2025.
Proposed Site Plan and Conditions
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.
Orange County Development Advisory Committee staff has recommended the imposition of
conditions, as included in the Ordinance in Attachment 9.
A formal site plan is required as part of a conditional rezoning application and has been
submitted (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, including information
on proposed dedicated open space, impervious surface, and amenities, is contained in the Staff
Report (Attachment 2).
Public Notification: In accordance with Section 2.8.7 of the UDO, notices of the Public Hearing
were mailed via first class mail to property owners within 1,000 ft. of the subject parcel. These
notices were mailed on September 24, 2025, 13 days before the meeting. Staff also posted the
subject parcel with a sign on September 24, 2025, 13 days before the meeting. See Attachment
3 for the notification materials.
Planning Board Recommendation: The Planning Board reviewed the Zoning Atlas Amendment
at its August 6, 2025, regular meeting. At this meeting the Board voted 6-3 to recommend
approval of the Statement of Consistency (Attachment 7) and the proposed Zoning Atlas
Amendment (Attachment 9), as presented, with the exception of correcting an error in Condition
#3 to accurately reflect the conditions as submitted by the applicant in Attachment 1.
Planning Director's Recommendation:
The Planning Director recommends that the Board of County Commissioners:
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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 law and the Orange County UDO;
3) Review the staff report (Attachment 2), featuring analyses of UDO compliance,
impact of the use to the surrounding area, safety and efficiency of land use, and
consistency of the application with the Orange County's adopted plans;
4) Allow for the applicant's presentation of materials;
5) Conduct the public hearing, receive public comments, and consider the Planning
Board recommendation;
6) Close the public hearing; and
7) Vote to Approve the Statement of Consistency (Attachment 7) and Zoning Atlas
Amendment Ordinance (Attachment 9).
OR
Vote to Deny the Zoning Atlas Amendments, including a statement as to why the
application is not reasonable and/or not in the public interest, as detailed in the
Statement of Inconsistency (Attachment 8).
Lauren Honeycutt, Planner II, made the following presentation:
Slide #1
ORANGE COUNTY
NORTH CAROLINA
Board of County Commissioners
Meeting
October 7, 2025
7:00 p.m.
9
Slide #2
ORANGE COUNTY
NORTH CAROLINA
Zoning Atlas Amendment
(Conditional District)
R-1 Zoning to R-CD Zoning
Location:3531 NC Highway 54 W
PIN: 9749-42-2010
Applicant: Forestar Group, LLC
Case#: MA25-0002
Slide #3
Conditional District Overview
Conventional District Zoning Conditional
Standards must be uniformly Request is use-specific with
applied throughout the County individualized development
conditions and standards
Lf No site-specific,individualized Site-Specific development plan
conditions may be imposed. is part of review and approval
process
ORANGE COUNTY
NORTH CAROLINA
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Slide #4
Zoning Atlas Amendment- MA25-0002(Rigsbee)
3 53 1 NC Highway 54 W
•
vicinity Map for Rezoning Application PIN 9749422010 Address -
3531 NC Highway 54 W 7�
r
J '9749-42-2010 \ w
Bingham
Haw River
Watershe Unprotected t
1 i
asa: io�ms P.
Applicant Forestar Group,LLC r J J
ORANGE COUNTY
NORTH CAROUNA
Slide #5
Zoning Atlas Amendment- MA25-0002(Rigsbee)
3531 NC Highway 54 W
• -•
Current Zoning Rezoning Application to R{p for PIN 974942z0
t0
■ Rural Residential(R-1) j
Requested Zoning
■ Residential Conditional District(R-
CD)
■ Use:Major Subdivision,Single-Family
Dwellings
Surrounding Zoning
lbw River
■ Rural Residential(R-1)
■ Agricultural Residential(AR)
■ Local Commercial(LC-1)
■ "
Neighborhood Commercial(NC-2) , Mi.
11
Slide #6
Zoning Atlas Amendment- MA25-0002(Rigsbee)
3531 NC Highway 54 W
,Overview • - •
AdoptedI m,Land Use Ma with Parcel 9749422010 Depicted
IL
I
Future Land Use Map Designation
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.
• No proposed amendment ,
W
Slide #7
Zoning Atlas Amendment- MA25-0002(Rigsbee)
3531 NC Highway 54 W
• • -•
Conditional District Application Requirements Rezoning Application to R-CD for PIN 9749422010
■ Site Specific Plan
■ Environmental Assessment
■ Biological Inventory
■ Additional Information as Identified by
Reviewing Agencies
H—River
0 aw }
�w mass I
nA
12
Slide #8
Site-Specific Plan
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Lauren Honeycutt noted the site-specific plan conditions for the proposal. She said it is
a proposal for 43 lots, which averages to about 1.42 dwelling units per acre. She said the
minimum lot size proposed is 20,000 square feet, and the average is 22,000 square feet. She
said the proposal includes 25 acres of open space, which is 41% of the development. She said
the 41% includes both primary and secondary open space.
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Slide #9
Current Summary of 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, 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 orthe
petitioner may propose.
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ORANGE COUNTY
NORTH CAROLINA
Slide #10
Current Summary of Conditions 1-4
Per Section 2.9.1 (F) (3)of the UDO,the following conditions are being
proposed:
1. The subject propertyshall be developed generally in accordancewith the proposed site
plan submitted as a partof this application("Site Plan")featuring no more than 43 lots,
no less than 25 acres of dedicated open space and at least5,600 linearfeet of dedicated
private trails,all as described below.
2. All streets not offered to NCDOTas public streets shall meet the design requirements of
Class A Private Roads,provided that,private street rights-of-way shall permitthe
encroachmentof kiosks,raingardens,bioretention areas,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 lotsize shall be 20,000 square feet.This deviates from the minimum in
UDO Section 3.8.Suitable septic shall be provided on each parcel.
4. No home shall be constructed on the subject propertywith more than four(4)bedrooms.
ORANGE COUNTY
NORTH CAROLINA
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Slide #11
Current Summary of Conditions 5-7
5. A decorative well house shall be installed over the wellhead 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 utilizingwhite
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.
6. The mail kiosk shall be designed to complementthe existing Rigsbee farmhouse located on
Highway 54 by continuingthe white colorfor the exterior elements.The mail kiosk shall
incorporate a weather covering with recessed lighting 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.
7. At least 5,600 linearfeet of 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.
ORANGE COUNTY
NORTH CAROLINA
Slide #12
Current Summary of Conditions 8-10
8. No less than 25 acres of Open Space areas shown on the Site Plan shall collectively include a
total of:
a.one(1)covered,open airstructure 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 leasttwo(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.
9. Individual septic systems meeting Orange County requirements and designed to serve homes
with four(4)bedrooms shall be provided on each residential lot.
10. 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.The subject property shall be developed generally in accordance with
the proposed site plan submitted as apart of this application("Site Plan").
�1
ORANGE COUNTY
NORTH CAROLINA
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Slide #13
Review Process
Planning Staff
• Determine application completeness and analyze proposed Zoning Atlas Amendment
with Comprehensive Plan
Neighborhood Information Meeting (NIM)
• Coordinated by applicant
• Held on April 29,2025
Planning oar
• Hear from the applicant, staff, and the public
• Review and discuss analysis and staff recommendation
• Recommend approval or denial to Board of County Commissioners
Board of County Commissioners
• Schedule and hold public hearing to receive application
• Hear from the applicant, staff, and the public
• Review and discuss analysis and recommendations from staff and Planning Board
• Close public hearing
Slide #14
Applicant Presentation
ORANGE COUNTY
NORTH CAROUNA
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Beth Trahos, representing the applicant, began presenting:
Slide #15
Zoning Atlas Amendment
Rigsbee Subdivision
3531 NC Highway 54 W, Chapel Hill
Fox,,,!-
Rothschild
Slide #16
Site 3"
Location
Foy
Rothschild
4@
Existing Zoning R1
Proposed Zoning R- CD
r ►�r� + ■
17
Slide #17
■
RI
` B
a�
Al C
Slide #18
Foxes
Rothschild
RIGSBEE SUBDIVISION
v _
� • 8�1
FoX f
Rothschild
18
Slide #19
... _ _
.yam _ .. � � • _ I TIC .... ._ .-. .
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-
Fox �.
Rothschild
Beth Trahos said an advantage of the type of development being proposed is that by
aggregating environmentally sensitive areas, the appearance of the rural and historic area is
preserved. She said that the proposal of 43 homes on 61 acres is less than one unit per acre.
Commissioner Fowler asked about the approximate lot size.
Beth Trahos said the minimum lot size is 20,000 square feet, which is roughly half an
acre.
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Slide #20
Comprehensive Plan Compliance
• Provides much needed housing while preserving Rural Land Use
Pattern
• 43 homes for families clustered together on 61.11 acres
• 25.11 acres or 41.11%of the parcel is open space
• Retain existing farmhouse
• Preserves significant natural area
• Conservation Cluster Flexible Development Subdivision protect
environmental features
• No significant environmental impact is expected
Rothschild
Laura Haywood continued the presentation:
Slide #21
Historic
Well House
Existing Farm House
Rothschild
Laura Haywood reviewed the site map and the design features of the proposed
development which reflect the historic character of the site.
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Slide #22
Community
Structure
Mail Kiosk
Laura Haywood said there would also be a walking trail for residents, and they are
considering adding a dog park. She said two roads will be maintained by NCDOT, and three will
be private and maintained by the HOA. She described how they plan to manage stormwater.
She described the environmental features of the site and that they plan to leave an area
untouched as part of a bird sanctuary. She said the property will not be mass cleared, and the
only clearing will be for roads and the building pads.
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Slide #23
Proposed Zoning 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")featuring no more than 43 lots,no less than 25 acres of dedicated open
space and at least 5,600linear feet of dedicated private trails,all as described below.
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,
bioretention areas,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. This deviates from the minimum in UDO Section 3.8.
Suitable septic shall be provided on each parcel.
4. No home shall be constructed on the subject property with more than four(4)bedrooms.
5. 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.
Foxf
Rothschild
Slide #24
Proposed Zoning Conditions (Continued)
6. 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 .
7. At least 5,600 linear feet of 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.
8. No less than 25 acres of Open Space areas shown on the Site Plan shall collectively include a total of:
• 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;
• at least two(2)grilling stations,
• at least one(1)fire pit;
• at least four(4)trash cans;
• at least four(4)pet waste stations;and
• 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.
Fox,IAAft
Rothschild
22
Slide #25
Proposed Zoning Conditions (Continued)
9. Individual septic systems meeting Orange County requirements and designed to serve homes with four(4)
bedrooms shall be provided on each residential lot.
10. 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.
Fox
Rothschild
David Barcal continued the presentation:
Slide #26
6 �
Individual Septic
Systems on • 1
1
•
Conventional
• Similar systems operating in
h�
RollingHeritage Hills,neighborhoods in Orange
a
CountyRolling Woods and Dogwood
�
1
\
p C
Rothschild
23
Slide #27
` ® I Y ! \RIO
c
>>' i-
®
� u
;a
o
Fox
Rothschild
David Barcal explained the process his team used to analyze the soil at the proposed
development site.
Slide #28
Fox
Rothschild
24
Slide #29
_ V 4
Foxes
Rothschild
David Barcal said there would be a detailed soils analysis for each lot if the project was
approved and all applications would be submitted to Orange County for approval.
Commissioner McKee asked where the original septic and repair fields were located.
David Barcal said there are two different line types in the slides. He said on the left
picture in slide #29, the initial field is on the back of the property with a solid center line. He said
the repair field is represented by a dashed center line, and that represents trench widths.
Beth Trahos said larger images are included in the full agenda packet.
David Barcal said there are different types of products that give more reduction. He said
this is only a preliminary layout.
Beth Trahos continued the presentation:
25
Slide #30
Community Well System
Studied
• Community Well has been permitted by
Orange County
• Sufficient water capacity exists to serve the
planned 43-home community
• Raw data analysis after monitoring two (2)
nearby wells shows that even significant
/ withdrawals from the proposed community
well has no impacts shallow or deep nearby
wells
Fox_—
Rothschild
Beth Trahos said they'd heard concerns about the impacts on wells, so they had a study
done on capacity analysis and the impact on adjacent wells.
Ward Marotti said the study they performed was more in depth than what would typically
be done for projects that haven't been rezoned yet. He said there were no measurable impacts
to adjacent wells resulting from full drawdown of the proposed well, and at almost twice the
maximum capacity would be for serving all of the homes at their maximum capacity at one time.
He said they documented variances under normal conditions at adjacent wells, then continued
to collect data from those wells during maximum drawdown of the proposed well.
Beth Trahos said the data was available in the full agenda packet.
Commissioner McKee asked how long the drawdown was.
Ward Marotti said it was 24 hours total, and the steady state was 1 hour, which is typical
protocol. He defined steady state as the pumping out of water to a point where it does not
change the water level within the well being tested.
Commissioner McKee said that he has multiple wells on his property and they have all
had anomalies going on at times. He said he is concerned about anomalies on that much draw
down on surrounding properties.
Chair Bedford asked for an explanation of a statement in the agenda packet, "It is
important to mention that no information was provided for the past, well, installation attempts at
the site that showed no groundwater yield."
Donna Browder from Forestar said they drilled the first well 1,001 feet and got no water.
She said they drilled a second well 600 feet down and hit 90+ gallons per minute. She said they
reason they studied the wells before and after the drawdown was to measure the anomalies that
occurred daily on those wells. She said the drawdown lasted 24 hours, but they studied the
wells two weeks beforehand to find anomalies.
Ward Marotti said they collected several weeks of ambient data prior to the drawdown,
and then several weeks of ambient post draw down, as well as doing the initial drill testing
almost six months prior. He said they had very similar results with capacity.
26
Commissioner McKee asked at what depth they hit water.
Ward Marotti said in the 30-foot zone from the surface and the total well depth is 600
feet.
Commissioner McKee asked if the 30 feet was in soil or rock.
Ward Marotti said it was saprolite and bedrock.
Commissioner McKee said that water vein is connecting throughout the system, and any
water that is drawn down might affect the surrounding area.
Ward Marotti said he believed that by sampling 6 months a part speaks to the conditions
and that the data that meets the state's requirements should also speak to it.
Commissioner Greene referred to Planning Board meeting minutes included in the
agenda packet. She quoted Ward Marotti's comments, "We actually drilled two wells for this
site, one of which came up with no water, didn't hit an aquifer, but there was geologic data
associated with that. And based on that, it's likely that these are not even touching the same
water tables or aquifers, rather." She asked what the geologic data was.
Ward Marotti said it's a series of veins, a lot of which are connected, some of which may
not be. He said the location that they did not hit water at was a location that didn't have a vein
running through it.
Commissioner Carter asked about the timing of the study and its occurrence after a
major flood event. She said that she and Commissioner Portie-Ascott visited the property and
met the property owner.
Ward Marotti said in the context of the impacts to the water table in general and the
surficial aquifer in the area, and in looking at the ambient data of the adjacent wells, there was
no spike or drop that was substantive nor tied from a timeline perspective to that precipitation
event. He said that the short answer is that he didn't think so.
Vice-Chair Hamilton asked how long a typical water vein might be.
Ward Marotti said it varies and he could not answer that question.
Vice-Chair Hamilton said a question is the effect of drawing water on the surrounding
community. She said they tested two wells, but there are 74 properties within 1,000 feet and
what is the impact on those other wells. She said they don't have a good understanding of the
hydrology and its impact on others. She said if there is a failure it would be hard to fix.
Ward Marotti said this is where the state models come into play because they consider
the typical conditions in substrates in the Piedmont. He said that's what those models are there
for, to extrapolate from the raw data.
Donna Browder said a better word to use is predict. She said the tool is used to predict
how a well is going to be impacted at different distances. She said when you enter your data
you are using a state program to predict the impacts.
Ward Marotti said those models are based on real data collection and measured results.
Beth Trahos said this is an early stage of development and the information on well
testing is more than what is required, and it is supportive of allowing the project to move
forward. She suggested that the 74 adjacent property owners likely did not test the impact of
their wells on the property owners of the site.
Chair Bedford asked if the site is on the Hyco formation, and referred to information
shared in the packet.
Ward Marotti said that is the geologic formation that the site is on.
Chair Bedford said the sentence ends with "and this certainly explains the poor and
variable yield." She said she wants to understand that.
Donna Browder said this is the type of rock and substrate in the whole area, not the
proposed site specifically. She said she thought this part was giving a description of the area in
general.
27
Ward Marotti said it speaks to the veins that they discussed earlier that one area can be
dry, and another can be wet.
Chair Bedford noted that the Rigsbee well had fluctuations. She said there doesn't
seem to be an explanation.
Ward Marotti said they can't speak to the variances. He said that is one of the reasons
they collected data under normal conditions.
Vice-Chair Hamilton said that the water system was sized for 40 single family detached
residences, but the proposal is for 43 residences, and she saw another figure of 45 residences.
David Barcal said he thought that was a typo. He said they are proposing 43 lots. He
said the system could handle up to 49 residences, but they are only proposing 43.
Ward Marotti said if they had more than 49 residences, they would need a second well.
David Barcal said that if you are designing a community of more than 50 lots, the state
requires that you have two sources of water. He said when they were originally designing it, they
knew they would not plan for more than 49 residences. He said as they were designing the
system they went through many iterations, and he thought that the 40 residences figure was a
holdover from that process.
Vice-Chair Hamilton said that there were two references to 40 homes in the agenda
packet.
David Barcal said the design of the system is sufficient for 43 homes.
Vice-Chair Hamilton said one of the Board's struggles is that they get data without
understanding it enough, and it makes her hesitate when information isn't clear. She said that
they must make sure that if a development is going to draw a lot of water, that it doesn't affect
the neighbors. She said that it's an issue that's come up for other developments and that she
takes it very seriously.
Ward Marotti said the steady state is well over 90 gallons a minute. He said the system
will be taken over by a private utility that requires double the capacity than the state requires.
He said they have over four times the state minimum capacity.
Commissioner Fowler asked about adding a filter for the elevated manganese levels.
She also said she didn't see anything about the well in the zoning conditions other than the well
house.
David Barcal said the state will require them to treat for it to be below the MCLs.
Commissioner Fowler asked if Environmental Health would require it.
David Barcal said it would be the public water sector at DEQ that would review it.
Commissioner Fowler said they have information on septic in the zoning conditions, but
nothing about the well and asked if that is necessary.
Cy Stober, Planning Director, said the septic is only within the land use regulation
authority. He said it would defer to the county environmental health department or DHHS for the
permitting of individual septic tanks. He said as a community well, this will go to the state to be
permitted.
Commissioner Fowler asked if the well failed, who would be responsible for digging a
new well.
Cy Stober said it would be a civil matter for the HOA to resolve.
Donna Browder said Aqua will own the system, and they will bill the individual
homeowners and be responsible for any state required testing. She said they won't get permits
if they do not meet state standards. She said Aqua will be the owner of the system and they will
take care of it.
Commissioner Fowler said she wanted to be sure that the county or OWASA will not be
responsible for providing water.
Donna Browder said no.
28
Chair Bedford asked if it is reasonable for no in-ground pools to be a condition.
Donna Browder said it likely won't be an issue because there won't be room for it. She
said that they could add it as a condition.
Josh Reinke, traffic analyst, continued the presentation:
Slide #31
Public Benefits
• 43 needed homes for families with amenities including walking trails
and community gathering area with shade structure
• Protecting 41.1%of the site (25.11 acres) as open space along the
perimeter of the property to maintain the rural feel of the area
• Preserving the existing farmhouse on Highway 54 to maintain the
rural feel of the area
• Providing right and left turn lanes from Highway 54 into project
drive,if permitted by NCDOT
Fox
Rothschild
Josh Reinke said after speaking with a fire chief in the area about traffic safety, the
developer thought turn lanes would be a good idea. He said they will request to NCDOT to put
in a left and right turn lane, and it's highly unlikely they will say no.
Commissioner McKee said he didn't understand why they wouldn't put the turn lanes in
given that the road is heavily traveled.
Josh Reinke said they don't control the road and they must have permission from
NCDOT. He said they will propose it and request to do so as part of the driveway permit.
Commissioner McKee asked why the request to NCDOT has not already been done.
Josh Reinke said that will be part of the driveway permit.
Donna Browder said they are willing to do it and put it in the conditions that if NCDOT
will allow it, they will commit to putting turn lanes in.
Commissioner McKee expressed concern that the left turn lanes have not already
received permission from NCDOT.
Beth Trahos said they will add turn lanes if approved by NCDOT.
Commissioner McKee said in his experience he always knew what NCDOT was going to
do before he moved forward because it affected the cost of the subdivision.
Donna Browder said they've had conversations with NCDOT, but they can't get an
official answer until the driveway permit is sent in, which requires engineering. She said they
want the turn lanes because the community needs it, and they are willing to commit to it if
NCDOT allows it.
29
Commissioner McKee said he has never had a conversation with NCDOT where they
could not tell me what he was going to need or not need.
Commissioner Fowler said she thought NCDOT had already told the applicant that they
don't need the turn lane, but that the applicant is willing to put it in.
Commissioner McKee said it's not on their plans.
Chair Bedford said that NCDOT representatives told them they didn't have to do it, but
that the applicant will do it.
Josh Reinke said NCDOT controls the road so no developer can dictate what they will or
will not do. He said they will request it as part of the driveway permit. He said the reason it is
not shown is because they were told it is not needed.
Commissioner Carter asked if this was a sequencing issue, and that the property needs
to be rezoned first before the permit can be submitted.
Cy Stober said no permits other than the application to rezone have been pulled; not for
water, septic, NCDOT access, driveway access, or for temporary construction access. He said
at this time, none of those departments will confirm that an onsite or offsite improvement is
warranted unless they have the warrant justification by their analysis, and there is no warrant
justification per Chuck Edwards, NCDOT district engineer. He said that Chuck Edwards told
him that a condition to provide both right and left turn lanes would be welcome.
Commissioner McKee asked what assurances that they will have that the turn lanes will
be built.
Cy Stober said he would be responsible, but if NCDOT does not allow them to add turn
lanes then the county could not require it. He said he did have assurances from the district
engineer that this would be a welcome improvement to that corridor on Highway 54.
Slide #32
elIAgAEA-----
At
i
i d
30
Slide #33
QUESTIONS ?
THANKYOU
Aild
Carol Rigsbee, the owner of the property, made a statement in support of the zoning
atlas amendment.
Lauren Honeycutt continued the presentation:
Slide #34
Public Notification
■ Notices were mailed via first class mail to property owners within
1,000 ft. of the subject parcel on September 24, 2025.
■ Signs posted the subject parcel on September 24, 2025.
■ Legal Ad published on September24, 2025 and October 1, 2025.
■ Application information has also been posted on the Planning
Department's"Active Development"webpage.
31
Slide #35
Staff Analysis
1. The application is complete in accordance with the requirements of the UDO.
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,Major Subdivision Conditional Districts
2. Staff review of the application included considerations for how the request
relates to the Orange County 2030 Comprehensive Plan.
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.
4. The applicant has provided an environmental assessment as part of this
submittal.Staff has reviewed and determined no significant environmental
impact is expected from this project based on existing conditions.
ORANGE COUNTY
NORTH CAROLINA
Slide #36
Zoning and Land Use Review
�ypendix R Land Use and Zoning Matrix
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Orange County 2030 Comprehensive Plan,Appendix F �
ORANGE COUNTY
NORTH CAROLINA
32
Slide #37
Zoning and Land Use Review
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Unified Development Ordinance—Section 5.2 ORANGE COUNTY
Table of Permitted Uses NORTH CAROLINA
Slide #38
Planning Director Recommendation
The Planning Director recommends thatthe Board of County Commissioners:
1. Considerthe matter for action;
2. Acknowledge that legally-sufficient public notice was given for the application and this
meeting,in accordance with State law and the Orange County UDO;
3. Review the staff report(Attachment 2),featuring analyses of LIDO compliance,impact of the
use to the surrounding area, safety and efficiency of land use, and consistency of the
application with the Orange County's adopted plans;
4. Allow for the applicant's presentation of materials;
5. Conduct the public hearing, receive public comments, and consider the Planning Board
recommendation;
6. Close the public hearing;and
7. Vote to Approve the Statement of Consistency(Attachment 7)andZoningAtlas
Amendment(Attachment 9).
OR
Vote to Deny the Zoning Atlas Amendment,including a statement as to why the
application is not reasonable and/or not in the public interest,as detailed in the
Statementof Inconsistency(Attachment 8).
ORANGE COUNTY
NORTH CAROLINA
33
Slide #39
Planning Board Recommendation
Planning Board reviewed the rezoning application at its August 6,2025
meeting
As available in the meeting minutes(Attachment 6),the Planning Board voted
6-3 to recommend approval of the Statement of Consistency(Attachment 7)
and the proposed Zoning Atlas Amendment(Attachment 9).
ORANGE COUNTY
NORTH CAROLINA
Slide #40
Recommendation
The Manager recommends the Board:
1. Conduct the public hearing and receive the Planning Board and
staff recommendations and public comments;
2. Close the public hearing;and
3. Vote to Approve the Statement of Consistency(Attachment 7)and
Zoning Atlas Amendment(Attachment 9).
OR
Vote to Denythe Zoning Atlas Amendment, including a statement
as to why the application is not reasonable and/or not in the
public interest,as detailed in the Statement of Inconsistency
(Attachment 8).
ORANGE COUNTY
NORTH CAROLINA
A motion was made by Chair Bedford, seconded by Commissioner Greene, to open the
public hearing.
VOTE: UNANIMOUS
34
PUBLIC COMMENTS:
Tony Blake said he has concerns about the number of rezoning requests along Highway
54 and the ongoing updates to the comprehensive land use plan. He said he has concerns
about the RCD designation, which would mean that decisions would bypass the special use
permit and go straight to staff. He asked the Board not to approve the request, because he
believes that zoning is not a patchwork, but a system. He said he has concerns about not
including staff at public information meetings. He said that when a developer controls the
meetings the community is at a disadvantage. He felt that the public information meeting was
not valid.
Andre Ristaino said he owns two parcels that abut 60% of the proposed site. He
described his property and his private road. He said he has tried to balance the growth in the
area with his family's needs. He said the developers agreed to put up a fence along the
property line. He asked if the developers would commit to allow them to tap into the
development if their well goes dry.
Peter Childers said that making a left hand turn out of the development during rush hour
would be difficult and unsafe. He said density destroys quality of life. He described the
developer's plans as "cookie cutter." He listed reasons why people move to low density areas.
He said that the developer will not be taking any risk for the effect on people's wells. He said
that he didn't understand why the amendment was being considered while the comprehensive
land use plan was being updated. He said the land could be developed in a safer way
considering wells, and he asked the Board to deny the request.
Laura Streitfeld asked the Board to deny the rezoning application. She said without
rezoning, the existing R-1 zone allows for development of 20 lots at a minimum of 40,000
square feet. She said 1 acre lots would limit water use and traffic. She said rezoning burdens
the community with impacts from water use, crowded septic systems, stormwater runoff, and
increased traffic on a blind curve on a highway with a history of fatalities. She said this would
leapfrog past the rural buffer, and would set a precedent for sprawl in the rural county with no
municipal services. She said the developer's well draw down took place in July, after heavy rain
from Tropical Storm Chantal, and the impacts on neighboring wells are unknown. She said the
groundwater recharge rate is less than 400 gallons per day per acre at Cane Creek on Orange
Grove Road. She said this development claims to be a conservation district, but appears to
undermine conservation. She said the proposed development is inconsistent with the
comprehensive plan. She said there are significant inconsistencies with the application.
A motion was made by Chair Bedford, seconded by Commissioner McKee, to close the
public hearing.
VOTE: UNANIMOUS
Commissioner Carter asked about the sequencing of the amendment request given that
the comprehensive land use plan is being updated. She said that it is her understanding that
the proposal does not necessarily set precedents that take the county outside the current uses
that are allowed for the property.
Cy Stober said conditional zoning is allowed by state law and is negotiated between the
county and the applicant. He said it provides for a site-specific plan that is custom to each
property. He said the conditional zoning would be site specific, and any new property, including
one next to it would be evaluated by the Board with its own site-specific plan and its own
conditions that are unique to that property. He said that it is not a menu of options, but a narrow
35
prescription of development rights and allowable uses on the property, as approved by the
governing board.
Commissioner Carter noted that part of the property is in the riparian buffer and would
not be developed, and is already conserved, in a way. She asked if some incremental land on
the proposal would continue to be conserved under the 43 homes that are proposed as
compared to what might be proposed under R-1 zoning.
Cy Stober said yes, there's secondary open space that could be developed that's not
being proposed for development in this plan.
Commissioner Carter asked if that was approximately 10 acres.
Cy Stober said yes.
Commissioner Greene asked if up to 50 homes could be developed under R-1.
Cy Stober said it is theoretically possible, but the primary open space would be located
on individual lots. He said assuming landscape buffers and road requirements are complied
with, that is a somewhat reasonable assumption. He said any property can build 20 lots by
right.
Commissioner Greene said after 20, it would be the Board that needed to make the
decision rather than staff. She asked if that would still be R-1.
Cy Stober said it would not be, it be a residential conditional district and the lot size
would have to be presented as perhaps 40,000 square feet.
Commissioner Greene clarified that 20 is the administrative cutoff.
Cy Stober said yes.
Vice-Chair Hamilton read the fifth RCD district specific development standard as listed
on the Orange County website: "For lots outside of a watershed protection overlay district, the
minimum usable lot area for lots that utilize ground absorption wastewater systems shall be
30,000 square feet for partially between 40,000 square feet and 1.99 acres, and zoning lots two
acres and greater in size will have minimum usable lot areas of at least 40,000 square feet."
She asked if this was a standard for this conditional district.
Cy Stober said yes, but that it also conflicts with an allowance in the subdivision
allowances for flexible subdivisions, which allows for lots to be reduced in this case by 60%,
which would be 19,500 square feet. He said the county has a conflict in the ordinance that is
irreconcilable. He said that both are allowed; that the county has a governing regulation and
then an allowance that allows it as long as it's provided offsite and subject to environmental
health permitting. He said it's an internal conflict in the ordinance that needs to be addressed.
Commissioner McKee described how big a 20,000 square foot lot would be.
Vice-Chair Hamilton said she would like to continue the item and review the information
about the water analysis.
Vice-Chair Hamilton made a motion to continue the item to a later date
Motion died for lack of a second.
Commissioner Portie-Ascott said she had concerns about making a decision and having
enough time to consider all of the comments. She said she had learned a lot about the impact
of the proposal after visiting the site.
Commissioner Greene said she also visited the site. She said she was in favor of the
development. She said she appreciated all of the information in the agenda package. She said
she was satisfied with the water and sewer analysis and appreciated the trails. She said she
was ready to move forward with making a decision.
36
Chair Bedford said she wanted to remove some of the conditions as they seemed
burdensome to planning staff. She referred to slide #12:
Current Summary of Conditions 5-10
8. No less than 25 acres of Open Space areas shown on the Site Plan shall collectively include a
total of;
a.one(1)covered,open airstructure similarto those shown on the attached Exhibit C in the general
area identified asthe"Community Building Structure"on the Site Plan;
b.at least two(2f griIIingstations;
c.at least one(1)fire pit;
d.atI east 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.
9. Individual septic systems meeting Orange County requirements and designed to serve homes
with four(4)bedrooms shall be provided on each residential lot.
10. Subject to NCDOTapproval,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 INC DOT standards.The subject property shall be developed generally in accordance with
the proposed site plan submitted as a part of this application("Site Plan").
ORANGE COUNTY
NORTH CAROLINA
Chair Bedford said she wanted to remove items b-f from section 8 of the conditions.
Commissioner Greene said she supported the removal.
Commissioner Carter asked how the removal would impact the preservation of open
space.
Chair Bedford said she only wanted to remove items b-f in condition 8.
Cy Stober said the open space areas are designated and cannot be developed for
anything else.
Commissioner Portie-Ascott asked from a process standpoint, if conditions are removed,
does the applicant need time to go back and consider them.
Beth Trahos said the applicant is comfortable removing items b through f from section 8.
John Roberts said that staff will need the applicant to put their agreement in writing,
stating that they had reasonable time to consider the removal and they do not need additional
time, and that they are amenable to removing those five things.
Beth Trahos said she could confirm that the applicant was amenable to removing those
five things, and that she would put it in writing.
Commissioner McKee asked why the conditions were included and if they were a
distraction. He asked what the county would gain or lose.
Chair Bedford said that staff would have to enforce the conditions.
Commissioner McKee said he did not feel it was burdensome.
Cy Stober said a zoning regulation applies to this property in perpetuity until it is
amended by the board at a public hearing. He said if those items remain in as a condition, they
would be enforceable actions, including, for example, if different parties within the HOA invite
staff in as an arbitrator on say a bird house or a trash can. He said staff would be obligated to
enforce that zoning regulation through enforcement methods.
Commissioner McKee asked how the conditions were decided.
37
Cy Stober said they were provided by the applicant. He said staff did not provide
comment on the conditions except that they looked difficult for staff to enforce.
Commissioner McKee said he was ok with taking them out.
The Board agreed by consensus to remove items 8b through 8f of the proposed
conditions.
Commissioner Fowler referred to condition 7 on slide #11:
Current Summary of Conditions 5-7
5.A decorative well house shall be installed overthe 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 utilizingwhite
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 Al.An
example of a well house that meets the requirements of this condition is attached as ExhibitA2.
6.The mail kiosk shall be designed to complement the existing Rigsbee farmhouse located on
Highway 54 by continuing the white color forthe exterior elements.The mail kiosk shall
incorporate a weather covering with recessed lighting 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.
7.At least 5,600 linearfeet of 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 aboutthe flora and fauna found on the subject
property with picture or other images.
ORANGE COUNTY
NORTH CAROLINA
Commissioner Fowler asked if the dotted lines on the map equaled 5,600 linear feet of
private trails.
Beth Trahos indicated yes.
Commissioner McKee referred to slide #12, condition 10. He said he did not understand
why the condition stated "subject to NCDOT approval" regarding the addition of turn lanes.
Beth Trahos said if NCDOT turns them down for whatever reason, the applicant would
have to go back through the amendment process. She said they added that language because
they cannot control it.
Josh Reinke said he believed that everyone agrees that it is unlikely that NCDOT will
turn it down. He said it is subject to NCDOT approval, and it is highly likely they will approve.
He said they can't promise it because they still need NCDOT approval.
Commissioner Carter said she thought that NCDOT must approve a turn lane on
Highway 54.
Commissioner Greene said NCDOT didn't require it, so now they must approve it.
Commissioner McKee said the wording was concerning. He said he was also
concerned about the last sentence in condition 10, which read "The subject property shall be
developed generally in accordance with the proposed site plan submitted as a part of this
application." He asked what "generally" meant.
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Beth Trahos said that condition 10 in the agenda packet did not contain that sentence,
and that it was only on the presentation slide.
Planning staff reviewed the material to determine if there were any inconsistencies.
John Roberts said that the last sentence in condition 10 was a duplicated sentence from
condition 1 and it could be stricken.
Cy Stober said it would need to be stricken in the statement of consistency and the
ordinance.
Commissioner McKee said he had concerns with the public safety of entering and exiting
the development, and he had no guarantees that turn lanes would go in.
Chair Bedford said she appreciated the additional water analysis information.
Commissioner Carter said as they look at the future land use plan, the Board needs to
discuss about how much additional protected land they might want to have in the LIDO. She
said she supports the request because she sees value in a denser configuration of the lots.
She said she also was in favor because it uses individually sited septic on each lot, which will
reduce the overall risk of septic issues. She said she was also in favor because it preserves an
additional 10 acres than would have otherwise been preserved under R-1 zoning. She said
when they consider the good to the community, they have to remember both the neighbors as
well as the property owners. She hoped that if there were any well issues that the HOA would
engage in friendly and cordial discussion.
A motion was made by Commissioner Greene, seconded by Chair Bedford, to approve
the statement of consistency (Attachment 7) and the zoning atlas amendments (Attachment 9),
subject to striking the duplicated sentence in condition 10 and deletion of conditions 8b through
8f, which will be confirmed in writing.
Vice-Chair Hamilton said she would not support the motion. She said she was not
confident in the water study and the risk of well failure is too great. She said that they should
take time to understand things before they vote, and she looks forward to getting a deeper look
when considering updates to the land use plan.
VOTE: Ayes, 5 (Chair Bedford, Commissioner Carter, Commissioner Greene,
Commissioner Fowler, Commissioner Portie-Ascott); Nays, 2 (Vice-Chair Hamilton,
Commissioner McKee)
MOTION PASSES
6. Regular Agenda
a. Appointments and Amendments to the Charge of the Orange County Broadband Task
Force
The Board amended the charge, appointed two Commissioners, reappointed two At Large
members, and authorized the recruitment of three new resident members to fill the vacant
Orange County Resident—At Large seats.
BACKGROUND: On November 17, 2020, the Board of Commissioners created a Broadband
Task Force. The group included the County Manager, Information Technology Department
Director, a representative from the North Carolina Department of Information Technology
(NCDIT), Orange County Schools Superintendent, Chapel Hill Carrboro City Schools
Superintendent and five (5) Community members living in the unincorporated areas of Orange
39
County who are underserved, including those with an interest in resolving the digital divide in
Orange County.
The Task Force's charge was to discuss broadband solutions that will improve the quality of
high-speed internet services to Orange County residents and to recommend a plan to the Board
of Orange County Commissioners to expand reliable high-speed internet services to all County
residents and businesses. The work of the Task Force culminated in an incentive-based
contract with North State Communications Advanced Services, LLC (now Lumos) to deploy
broadband technology in rural Orange County.
During spring 2024, Lumos began experiencing delays due to construction and budget issues,
and much of the construction activity on the project slowed considerably. Lumos reported that
those issues had an impact on the overall project schedule and drove the project well over
budget. Lumos subsequently proposed to lower the number of addresses served from 6,370 to
5,852, completing 92% of the passings in the original contract. Consistent with reducing the
number of passings, the amendment also lowered the total payment to Lumos from $10 million
to $9.2 million. In response to the amendment, Commissioner Jean Hamilton petitioned that the
Board reestablish the Broadband Task Force.
Proposed Composition
Later discussion on the amendment suggested that the same members of the Task Force be
asked if they were willing to serve on a reconvened group. Resident appointees Patricia Hull
and Terri Buckner expressed interest in serving on the reconvened Task Force. Other resident
members have moved or did not respond, leaving three (3) Orange County Resident —At Large
seats vacant. The table below represents the proposed composition of the 2025 Task Force.
Representation 2021 Appointee 2025 Appointee
County Manager(Designee) Travis Myren, Deputy County Travis Myren, County Manager
Manager
Orange County Chief Jim Northrup Robert Reynolds
Information Officer
Chapel Hill Carrboro City Doug NoeII, Director of IT Doug NoeII, Director of IT
Schools Superintendent Operations Operations
(Designee)
Orange County Schools Dr. Monique Felder,
Superintendent (Designee) Superintendent OCS Superintendent Designee
Durham Technical Victoria P. Deaton, Compliance
Community College Specialist Office of Institutional Awaiting response
Representative Equity and Inclusion
Board of Commissioners - 1 Sally Greene BOCC Appointment
40
Board of Commissioners—2 Earl McKee BOCC Appointment
Orange County Resident— Todd Broucksou BOCC Appointment
At Large (Not Available/Not Eligible)
Orange County Resident— Terri Buckner BOCC Appointment
At Large (INTERESTED/ELIGIBLE)
Orange County Resident— Paul Cardillo BOCC Appointment
At Large (Not Available/Not Eligible)
Orange County Resident— Patricia Hull BOCC Appointment
At Large (INTERESTED/ELIGIBLE)
Orange County Resident— Vasu Kilaru BOCC Appointment
At Large (Not Available/Not Eligible)
Proposed Charge
The Task Force's proposed charge is consistent with the initial charge, with the addition of items
#3 and #4 below:
1. To discuss broadband solutions that will improve the quality of high-speed internet
services to Orange County residents, and
2. To recommend a plan to the Board of Orange County Commissioners to expand reliable
high-speed internet services to all County residents and businesses.
3. To update and track broadband coverage needs as State and Federal program awards
are made.
4. To consult with County staff on how to best communicate information related to
broadband coverage to all residents.
A motion was made by Vice-Chair Hamilton, seconded by Commissioner Fowler, to
approve the amended charge for the Broadband Task Force; to appoint Commissioner Greene
and Commissioner McKee, to reappoint Patricia Hull and Terri Buckner to the Broadband Task
Force through September 30, 2028; and to authorize the Clerk to the Board to advertise three
remaining county resident—at large seats.
VOTE: UNANIMOUS
7. Reports
None.
8. Consent Agenda
• Removal of Any Items from Consent Agenda
• Approval of Remaining Consent Agenda
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• Discussion and Approval of the Items Removed from the Consent Agenda
A motion was made by Vice-Chair Hamilton, seconded by Commissioner Greene, to
approve the consent agenda.
VOTE: UNANIMOUS
a. Minutes for September 4, 2025 Business Meeting and September 9, 2025 Work
Session
The Board approved the draft minutes for the September 4, 2025 Business Meeting and
September 9, 2025 Work Session.
b. Motor Vehicle Property Tax Releases/Refunds
The Board adopted a resolution to release motor vehicle property tax values for nine (9)
taxpayers with a total of nine (9) bills that will result in a reduction of revenue.
c. Property Tax Releases/Refunds
The Board adopted a resolution to release property tax values for twenty-two (22) taxpayers
with a total of twenty-two (22) bills that will result in a reduction of revenue.
d. Late Applications for Property Tax Exemption/Exclusion
This item was removed from the agenda.
e. 4-H Week Proclamation
The Board approved a proclamation recognizing October 5-11, 2025, as 4-H Week in Orange
County.
f. Fire Prevention Week Proclamation
The Board approved a proclamation designating the week of October 5, 2025, through October
11, 2025 as Fire Prevention Week in Orange County.
g. Arts and Humanities Month Proclamation
The Board approved a proclamation designating October 2025 as Arts and Humanities Month in
Orange County.
h. Adoption of a Resolution of Intent for Orange County to Participate in the North
Carolina Commercial Property Assessed Capital Expenditure (C-PACE) Program
The Board adopted a Resolution of Intent declaring Orange County's intention to participate in
the statewide C-PACE Program and authorized staff to proceed with the required public notice
and public hearing.
i. Installation of Targeted Staff Electric Vehicle (EV) Charging Stations Before a Planned
Electric Vehicle Supply Equipment Study
The Board:
1) received information regarding the need to install staff Electric Vehicle (EV) charging
stations at select County facilities ahead of the planned Electric Vehicle Supply
Equipment (EVSE) study; and
2) approved staff proceeding with the installation of targeted staff Electric Vehicle charging
stations consistent with approved budgets at the identified County facilities, and prior to
the completion of the Electric Vehicle Supply Equipment study, to address immediate
operational charging needs and supporting the County's transition to an electric fleet.
j. Approval of Lease Renewal Amendment for IFC HomeStart
The Board adopted a resolution authorizing a five-year renewal of the lease agreement between
Orange County and Inter-Faith Council for Social Service (IFC) for three (3) buildings on the
Orange County Southern Human Services Campus for IFC HomeStart.
k. Approval of a Two-Year Contract with Granicus, LLC for the Visitors Bureau Website
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The Board approved a two-year contract with Granicus, LLC, the web provider for
VisitChapelHill.org for the Orange County Visitors Bureau.
I. Approval of FY 2025-26 Animal Control Services Contracts with Towns of Carrboro,
Chapel Hill and Hillsborough
The Board approved the FY 2025-26 annual contracts with the Towns of Carrboro, Chapel Hill,
and Hillsborough for the provision of Animal Control Services.
m. Request for Road Additions to and Deletion from the State Maintained Secondary
Road System for Sehon Circle, Lucia Lane and Tinnin Road
The Board made recommendation to the North Carolina Department of Transportation (NCDOT)
and the North Carolina Board of Transportation (NC BOT) concerning a petition to add Sehon
Circle and Lucia Lane to the State Maintained Secondary Road system and remove a portion of
Tinnin Road (SR 1313) from that same State system.
n. Whitted Chiller Replacement Equipment Contract Award
The Board:
1) approved the County entering into a construction contract with Brady Services, Inc. for
the purchase of replacement chiller equipment for the Richard E. Whitted Complex; and
2) authorized the County Manager to execute the Agreement, subject to final review by the
County Attorney, and any subsequent amendments for contingent and unforeseen
requirements up to the approved budget amount on behalf of the Board.
o. County-Wide Parking Lot Resurfacing and Sealing Construction Contract Award
The Board:
1) approved the County entering into a construction contract with Williams Paving, Inc. for
the resurfacing and seal coating of parking lots for nine (9) Orange County facilities; and
2) authorized the County Manager to execute the Agreement, subject to final review by the
County Attorney, and any subsequent amendments for contingent and unforeseen
requirements up to the approved budget amount on behalf of the Board.
p. Justice Facility Mural Courtroom HVAC Replacement Award
The Board:
1) approved the County entering into a construction contract with Brady Services, Inc. for
the purchase of the Justice Facility Mural Courtroom Heating, Ventilation, and Air
Conditioning (HVAC) replacement; and
2) authorized the County Manager to execute the Agreement, subject to final review by the
County Attorney, and any subsequent amendments for contingent and unforeseen
requirements up to the approved budget amount on behalf of the Board.
q. Approval of Budget Amendment #2-A to Fund the Mobile Crisis Team Pilot (CARE)
with Grant Funding Awarded to Alliance Healthcare
The Board approved Budget Amendment # 2-A to provide grant funding for an additional year
and expansion of the Mobile Crisis Pilot — the Crisis Assistance, Response and Engagement
(CARE) Team — in collaboration with Alliance Healthcare and the Town of Chapel Hill.
r. Resolution Naming the Cedar Grove Park Athletic Field #1 as the "Coach Willie
Lawrence Vanhook Athletic Field"
The Board adopted a resolution naming the Cedar Grove Park Athletic Field #1 as the "Coach
Willie Lawrence Vanhook Athletic Field".
s. Approval of Board of Commissioners Meeting Calendar for Year 2026
The Board approved the meeting schedule for the Board of Commissioners for calendar year
2026.
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9. County Manager's Report
Projected October 14, 2025 Joint Meeting with Chiefs'Association Items
Discussion Topics from Orange County Chiefs'Association
• Tropical Storm Chantal Response: Successes and Challenges
• VIPER Improvement Project
Protected October 14, 2025 Work Session Items
Orange County Land Use Plan 2050 — Board Request for Additional Information
• Water & Sewer Management, Planning, and Boundary Agreement (WASMPBA) &
Central Orange Coordinated Area Land Use Plan (COCA)
• Hillsborough Utilities Constraints
• Board Feedback on Meeting Facilitation Consultant
Review of Upcoming Boards and Commissions Appointments
10. County Attorney's Report
John Roberts had no report.
11. Appointments
a. Tax Assessment Work Group—Appointments Discussion
The Board discussed and approved appointments to the Community Representative positions
on the Tax Assessment Work Group.
BACKGROUND: At the September 16, 2025 Business Meeting, the Board of County
Commissioners officially established and approved the composition and charge for the Tax
Assessment Work Group (the Work Group), and appointed Commissioners Phyllis Portie-
Ascott, Marilyn Carter, and Amy Fowler to serve.
The charge of the Work Group is to evaluate the policies, processes, and procedures used by
the Orange County Tax Office to assess property values and communicate to the public. The
Work Group will provide feedback and input to a consultant retained by the County to make
recommendations on changes and enhancements to the tax assessment process that will
improve and ensure the accuracy and fairness of property assessments.
The full composition of the Work Group includes:
• Three Commissioners
• County Manager
• Tax Administrator
• Budget Director
• Director of Civil Rights and Civic Life
• Community Relations Director
• Representative from the North Carolina Housing Coalition
• Representative from the Orange County Property Tax Justice Coalition
• Non-Profit Housing Provider
• Two (2) Community Representatives from District 1
• Two (2) Community Representatives from District 2
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All positions have been filled except the Community Representative positions, which required an
application process.
The following positions are presented for Board consideration:
NAME POSITION TYPE OF EXPIRATION
DESCRIPTION APPOINTMENT DATE
TERM
BOCC Community First Full Term 10/31/2028
Appointee Representative —
District 1
BOCC Community First Full Term 10/31/2028
Appointee Representative —
District 1
BOCC Community First Full Term 10/31/2028
Appointee Representative —
District 2
BOCC Community First Full Term 10/31/2028
Appointee Representative —
District 2
Commissioner McKee suggested that the Board delay the item.
There was not agreement from the other commissioners to delay.
Tara May, Deputy Clerk to the Board, introduced the item.
Commissioner Fowler nominated Neal Bench and Caitlin Saunders as representatives
for District 1. Vice-Chair Hamilton seconded the nomination.
VOTE: UNANIMOUS
Commissioner McKee nominated John Ferguson as a representative for District 2.
Commissioner Carter seconded the nomination.
VOTE UNANIMOUS
Commissioner McKee nominated Horace Johnson as a representative for District 2.
Chair Bedford seconded the nomination.
Commissioner McKee explained his reasoning for nominating Horace Johnson, in that
Mr. Johnson would be a good advocate for the community and has been involved in the
property tax coalition. He said that Mr. Johnson would be a good asset as the county works to
fix revaluation problems.
VOTE: Ayes, 1 (Commissioner McKee); Nays,6 (Chair Bedford, Vice-Chair Hamilton,
Commissioner Carter, Commissioner Fowler, Commissioner Greene, Commissioner
Portie-Ascott)
MOTION FAILS
45
Commissioner Carter said she opposed nominating Horace Johnson because the
coalition is already represented on the work group and that she wanted to bring a different
perspective from District 2 to balace out experiences and points of view.
Commissioner Portie-Ascott nominated Kate Millard as representative for District 2.
Commissioner Greene seconded the nomination.
VOTE: UNANIMOUS
12. Information Items
• September 16, 2025 BOCC Meeting Follow-up Actions List
• Tax Collector's Report— Numerical Analysis
• Tax Collector's Report— Measure of Enforced Collections
• Tax Collector's Report— Foreclosure Chart
• Memorandum — HR 1 Food and Nutrition Services Expanded Work Requirements
• Memorandum — Countywide Strategic Plan FY2024-25 Progress Report
• Memorandum — New Environmental Recognition Awards Program (RIPPLE)
• Memorandum — Recognition of County Employee Retirements from July 1, 2025,
through September 30, 2025
13. Closed Session
None.
Adjournment
A motion was made by Vice-Chair Hamilton, seconded by Commissioner Fowler, to
adjourn the meeting at 10:11 p.m.
VOTE: UNANIMOUS
Jamezetta Bedford, Chair
Recorded by Laura Jensen, Clerk to the Board
Submitted for approval by Laura Jensen, Clerk to the Board