HomeMy WebLinkAboutMinutes 11-18-2025-Business Meeting 1
APPROVED 1/20/26
MINUTES
ORANGE COUNTY
BOARD OF COMMISSIONERS
BUSINESS MEETING
November 18, 2025
7:00 p.m.
The Orange County Board of Commissioners met for a Business Meeting on Tuesday, November
18, 2025, at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, 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 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, seconded by Vice-Chair Hamilton, to remove item
6-a and add a closed session under item 13 to "consult with an attorney employed or retained by
the public body in order to preserve the attorney-client privilege between the attorney and the
public body," pursuant to NCGS 143-318(a)(3).
VOTE: UNANIMOUS
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
Ashley Parker, President of the Orange County Farm Bureau, expressed concerns about
the noise ordinance amendments passed by the Board on September 16, 2025. She explained
that her family operates a century farm with various agricultural activities, including row crops,
beef, produce, and flowers. She stated that the new amendments to the county's noise ordinance
violate the state's Right to Farm Act. She argued that agritourism activities on farms should remain
protected, citing examples of activities now prohibited in rural Orange County per the ordinance,
including amplified noise of any kind, carrying a microphone during field tours, and hosting
weddings with music. She shared that she had spent five years saving to build a barn to share
her farm with the public. She emphasized that the new generation of farmers doesn't want to be
micromanaged and needs freedom to help their farms thrive.
b. Matters on the Printed Agenda
(These matters will be considered when the Board addresses that item on the agenda below.)
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3. Announcements, Petitions, and Comments by Board Members
Chair Bedford read the following joint message signed by the Chair and the Towns'
mayors:
"We reaffirm that in Carrboro, Chapel Hill, Hillsborough, and across Orange County, our
communities are made better by the diversity of people within them. We understand that federal
immigration authorities are active in the Triangle, causing fear and creating uncertainty in our
communities. Their operations in other cities have used racial profiling to detain legal and law-
abiding community members, without cause or due process. We strongly denounce actions that
sow fear among community members, undermine our local community safety efforts, and infringe
on the human rights of our most vulnerable friends and neighbors. Regardless of where you live,
work or play, here is some important information to know:
• It's important to know your rights and have a plan.
• Our local law enforcement agencies do not participate in Immigration and Customs (ICE)
or U.S. Customs and Border Patrol (CBP) operations.
• If you need the police, EMS, fire, crisis response or other emergency service, call 911.
• We know that many of you want to speak out, and we ask that you do so peacefully.
• We ask that community members rely on trusted organizations that provide accurate
information and assistance
We are monitoring the situation and remain in close contact with our partners. We will continue to
share additional resources."
Chair Bedford also announced the Voluntary Agricultural District breakfast tomorrow morning to
honor farmers preserving their farmland.
Commissioner Carter said she is grateful that the elected officials in Orange County have
come together in solidarity with the immigrant community. She reported on the Tax Assessment
Work Group's second meeting, where they received an overview of North Carolina law regarding
reappraisals from a UNC School of Government instructor. She noted that on December 2nd, the
Work Group would hear from Wake County about their efforts to improve their revaluation process.
Carter also mentioned attending the Veterans Day celebration at the Veterans Memorial outside
of the Southern Human Services Center, where Colonel Fred Black expressed appreciation for
the board's support of the memorial.
Commissioner Portie-Ascott supported the statement read by Chair Bedford, emphasizing
that Orange County is made stronger by diversity. She said the presence of ICE in the Triangle is
instilling fear in communities across the state. She said she stands with every frightened
community member and wants them to know the Board is here to support them. She also reported
attending the Veterans Day event at the Passmore Center where Walter Velo, a longtime
community advocate and retired Navy veteran, spoke. Additionally, she attended an event at the
Chapel Hill Historic Society where she read a proclamation honoring Cleo Allison of Efland, while
Commissioner Sally Greene read one for Jean Andrews Earnhardt.
Commissioner Greene echoed concerns for community members worried about their
safety from federal agents operating outside the due process of the law. She enjoyed the Veterans
Day breakfast at the Passmore Center and the Community Treasures event Commissioner Portie-
Ascott mentioned. She highlighted the Climate Council meeting on November 13th, where a draft
Heat Action Plan was reviewed. She noted that Mel Gillis reported Orange County is being looked
to as the gold standard for Climate Action Plans across the state. She said they received an
update on the Community Climate Action plan grant process, and various people remarked on
how those seemingly very small grants had been working over the years to catalyze larger
initiatives. She described the Neighborhood Energy Reduction program that led to securing $1.5
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million in energy burden and energy reduction program grant with Durham and Granville counties.
She also highlighted the Town of Chapel Hill Tree Planning project, initially kick-started by the
Community Climate Action Grant. The success of this initiative paved the way for applying for and
receiving a $25,000 grant from the Duke Energy Foundation. With this in mind, she petitioned for
Sustainability staff and the Commission for the Environment to consider expanding grant offerings
to include climate change adaptation programs.
Vice-Chair Hamilton said she weeps for our county, for our country, and for our residents,
immigrant and non-immigrant who are being traumatized by the actions of our federal
government. Recognizing November as Native American Heritage Month, she remembered the
Trail of Tears and noted that many soldiers who defended this country were immigrants and Native
Americans. She emphasized that America's success was based on the labor and talents of
diverse people who came both voluntarily and involuntarily, and that this success is now at risk.
Commissioner McKee said he attended both Veteran's Day events. He shared that his
draft number in 1970 was 296, with the draft reaching 292 before being halted after Christmas.
He said his grandfather served in World War I in France and came closer to dying from the
Spanish flu than from combat action. Commissioner McKee reported being contacted by several
people about housing issues in Chapel Hill, Carrboro, and Hillsborough, and planned to visit these
sites. Having voted for the noise ordinance, he indicated he might petition at the next meeting to
reconsider it after being contacted by many farmers.
Commissioner Fowler shared that she attended Veterans Day events, the Board retreat
on wells and septic systems, as well as Tax Assessment Work Group meetings. At the Triangle
West TPO meeting this morning, they received a presentation from Molly DeMarco about social
marketing and education to enhance public transit use. The TPO granted pre-authorization to
release the 2025 MTP plan, adopted FY 26-35 TIP amendment one, and approved three projects
for express design. They also reviewed a draft fund balance policy for January approval. She said
she feels sad that Triangle residents feel scared and vulnerable, and is grateful for the sharing of
resources that residents can turn to. She welcomed attendees in multiple languages, including
Tutelo, Cherokee, and Lumbee, in honor of Native American Heritage Month.
Commissioner McKee added that he had spoken with Sheriff Blackwood and was
confident the Sheriff would take his responsibilities seriously to ensure the safety and security of
everyone in Orange County.
4. Proclamations/ Resolutions/ Special Presentations
a. Native American Heritage Month Proclamation
The Board approved a proclamation recognizing November 2025 as Native American Heritage
Month.
BACKGROUND: Native American Heritage Month, observed each November, honors the
history, culture, and contributions of Native American and Indigenous peoples, acknowledging
their significant influence on the formation and development of the United States. This observance
recognizes the perseverance and resilience of Native peoples who have maintained their identity
and traditions despite centuries of hardship, including forced removal, assimilation, and systemic
injustices.
This month-long recognition highlights the diversity of Native nations, languages, customs, and
histories across the United States, which includes the eight state-recognized tribes of North
Carolina. The Occaneechi Band of the Saponi Nation, whose ancestral homeland includes what
is now Orange County, continue to be an integral part of the County's cultural and historical fabric.
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Native Americans have contributed greatly to the advancement of the United States, from
environmental stewardship and land care to their roles in government, education, the arts, and
military service — including the famed Native American Code Talkers who served with distinction
in World Wars I and 11.
Native American Heritage Month serves as an opportunity for all communities to learn about and
celebrate Indigenous cultures, traditions, and enduring contributions. It calls upon residents to
engage in programs, ceremonies, and educational activities that honor Native American heritage,
while fostering a shared commitment to freedom, peace, and justice for all.
Paul Slack, Chief Civil Rights Officer, introduced the item. The Commissioners read the
following proclamation in turn:
ORANGE COUNTY BOARD OF COMMISSIONERS
NATIVE AMERICAN HERITAGE MONTH PROCLAMATION
WHEREAS, for millennia, various nations of Indigenous Peoples with their own tribal
governments, social organizations and cultural traditions had inhabited the lands, now the United
States of America; and
WHEREAS, North Carolina is home to eight State-recognized tribes including the Coharie,
Eastern Band of Cherokee, Haliwa-Saponi, Lumbee, Meherrin, Occaneechi Band of the Saponi
Nation, Sappony and Waccamaw-Siouan; and
WHEREAS, the Occaneechi Band of the Saponi Nation, having their own social, economic, and
political systems, made their home in this region now known as Orange County; and
WHEREAS, in the 18t" century, the United States of America was founded on a purported concept
that all people are created equal, yet Native Americans and Indigenous people have struggled
and persevered to maintain their identity and their civilization despite centuries of inhumane and
unjust Federal policies focused on genocide, removal, and compulsory assimilation; and
WHEREAS, Native Americans have served and continue to serve in the Armed Forces—including
the Native American Code Talkers in World War I and World War II —defending the United States
and continue to serve at a higher rate than any other ethnic group in the Nation; and
WHEREAS, the United States government has now apologized for the federal government's role
in running boarding schools for Native American children, intending to force Native American
children to assimilate into Euro-American culture, while also breaking family and community
bonds and undermining tribal sovereignty within Indigenous societies, with former President Biden
calling the boarding schools a "sin on our soul"; and
WHEREAS, on August 3, 1990, then-President George H. W. Bush declared November as
National American Indian Heritage Month with a landmark bill honoring the Tribal People of
America, which began in 1976, when Jerry C. Elliott-High Eagle, a Cherokee/Osage Indian,
authored Native American Awareness Week legislation; and
WHEREAS, National Native American Heritage Month is a platform for Native Americans to share
their culture, traditions, arts, and concepts of life, as well as a time for others to celebrate the
numerous contributions of Native Americans and honor their influence on the advancement of the
United States;
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NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim
November 2025 as NATIVE AMERICAN HERITAGE MONTH, and urge all residents to observe
this month by participating in activities and ceremonies, to celebrate November 28, 2025 as Native
American Heritage Day and to honor the cultures and contributions of Native Americans by
committing to freedom, peace, and justice for all.
This 181" day of November, 2025.
Jamezetta Bedford, Chair
Orange County Board of
Commissioners
A motion was made by Commissioner Fowler, seconded by Commissioner McKee, to
approve and authorize the Chair to sign the proclamation
VOTE: UNANIMOUS
5. Public Hearings
a. Application for Zoning Atlas Amendment—1039-UT NC 86 N, Hillsborough, Hillsborough
Township
The Board continued consideration and deliberation of public comments, received staff
recommendations, and considered action on a Zoning Atlas Amendment to rezone +/-78.11 acres
(PIN: 9865-87-8090) located at 1039-UT NC 86 North, Hillsborough, within the Hillsborough
Township of Orange County.
BACKGROUND: A Conditional Zoning Atlas Amendment application (Attachment 1) was
received from Forestar Group, Inc., on behalf of Amy Powell, et al., proposing to rezone
approximately 78.11 acres of property at 1039-UT NC 86 North, Hillsborough, to allow for
development of a 49-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. All application materials can be found
on the Orange County Permit Portal.
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).
STAFF COMMENT: The NIM was held on May 29, 2025 at 7:00 p.m. at Eno River
Academy, 1100 NC 57, Hillsborough, NC 27278.
• SECOND ACTION —The Planning Board reviews the application at a regular meeting
and makes a recommendation to the BOCC.
STAFF COMMENT: The Planning Board reviewed this application at its regular
meetings on September 3 and October 1, 2025. At the board's October 1, 2025
meeting, the board voted 9-0 to recommend approval with conditions.
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• 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 was held at the November 6, 2025
business meeting and the Board moved to continue its consideration of the
application during the November 18, 2025 Business meeting.
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.
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. (Attachment 1). Forestar Group,
Inc., have initiated a Zoning Atlas Amendment in order allow for development of a 49-lot
subdivision for single-family dwellings. Additional background information related to this request
is contained in the Staff Report (Attachment 2).
The applicant has submitted conditions for consideration by the BOCC, as included in the
Ordinance in Attachment 9. One of the submitted conditions commits the applicant to request
water service from the Town of Hillsborough, should the rezoning request be approved by the
BOCC. Prior to the November 6 BOCC business meeting, Town of Hillsborough Administration
reviewed this condition and provided a memo of support for that condition, which is available for
review in Attachment 5 and ultimately led to the November 10 Town Board review of the petition
for water service. Following the BOCC public hearing and its continuance, the Town Board voted
at its November 10 meeting to not allow water service to be extended to this site.
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 feet of the subject parcel. These
notices were mailed on October 22, 2025, 15 days before the meeting. Staff also posted the
subject parcel with a sign on October 22, 2025, 15 days before the meeting. See Attachment 3
for the notification materials.
Planning Board Recommendation: The Planning Board reviewed the Zoning Atlas Amendment at
its September 3, 2025, regular meeting. At this meeting the Board voted 4-4 on a motion to
recommend approval of the Statement of Consistency (Attachment 7) and the proposed Zoning
Atlas Amendment (Attachment 9), as presented. Due to the split vote, the motion was not
approved, and the Planning Board continued its consideration of the application to its October 1,
2025 meeting at which the Board voted 9-0 to recommend approval with conditions. An excerpt
of the Planning Board's September 3, 2025 approved meeting minutes and an excerpt of the
October 1, 2025 draft meeting minutes are included at Attachment 6. The Planning Board's
signed Statement of Consistency is also provided at Attachment 6.
Planning Director's Recommendation
The Planning Director recommends that the Board of County Commissioners:
1) Deliberate further, as needed; and
2) 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).
Taylor Pershau, Current Planning and Zoning Manager, introduced the item. She
announced that the Town of Hillsborough recently denied the applicant's request to connect to
Town water, which means that proposed condition number 13 has been completed, so should be
removed if there is discussion about revising conditions. She continued the following presentation
that was started at the November 6, 2025 meeting:
Slide #40
Public Notification
■ Notices were mailed via first class mail to property owners within
1,000 ft. of the subject parcel on October 22, 2025.
■ Signs posted the subject parcel on October 22, 2025.
■ Legal Ad published on October 22, 2025 and October 29, 2025.
■ Application information has also been posted on the Planning
Department's"Active Development"webpage.
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Slide #41
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 #42
Zoning and Land Use Review
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Slide #43
Zoning and Land Use Review
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Planning Director Recommendation
The Planning Director recommends that the Board of County Commissioners:
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 LIDO;
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(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
Statement of Inconsistency(Attachment$).
ORANGE COUNTY
NORTH CAROLINA
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Beth Trahos began a summary of the proposal. She recognized the members of the team who
have worked on this proposal:
• Laura Haywood and Donna Crowder with Forestar Group
• Don Sever and Danielle Cabral with Bowman Civil Engineers
• Josh Reinke, traffic engineer, with Bolton & Menk
• David Barcal, Civil Engineer, with McConnell and Associates
Beth Trahos said Ward Marotti, Environment Consultant, with Spangler Environmental, was
unable to attend tonight, but his colleague Cal Rider is here to answer any questions. She said
the applicant has taken this process very seriously and has involved experts to ensure all of the
standards and requirements of the ordinance are met. She recognized Wayne Honeycutt, Realtor,
who was present on behalf of the property owner. She reiterated that this property is owned by
heirs who don't live in the area and have been working diligently to find an appropriate use for the
land. She said the availability of housing is not what it needs to be to accommodate everyone
who wants to live in Orange County. She said, with that in mind, the applicant proposed a
conservation cluster subdivision with a gentle density in an effort to address the housing need.
She said this proposal is very similar to the Rigsby rezoning in White Cross that was recently
approved by the Board. This design allows for a denser configuration of lots, which allows for the
greater preservation and common ownership of open space and environmentally sensitive areas.
She said this proposal includes 49 homes on 79.76 acres in total with a minimum lot size of 20,000
square feet of that property. This nets out to be one home per 1.6 acres of property. Of that 79.76
acres, 42.25 acres is open space, which is 53.9% of the site. The project proposes individual
septic on each lot and a community well. Beth Trahos pointed out that there are a few wells in this
area because there is public water available to many surrounding properties.
Commissioner McKee asked how that is relevant since the Town of Hillsborough denied
the applicant's request to connect to Town water.
Beth Trahos explained that while it is true the Town denied the applicant's request to
connect to Town water, there are few adjacent wells to the property here because many neighbors
are on Town of Hillsborough water. She said therefore, there will be fewer potential properties that
would be impacted by the community well. She said it is the applicant's view is that this proposal
complies with the comprehensive plan that is in place today. She said this is a rural industrial
activity node and includes the agricultural residential district. She said the residential conditional
district is recommended in both of those land use categories. She said it is also designated by
Hillsborough as a mixed residential neighborhood. She concluded that the homes are harmonious
with the surrounding area and are reasonable and in the public interest at this location. She said
the team has worked hard really since January to put together a thoughtful and thorough proposal
for consideration, and is hopeful that the Board will join the Orange County Planning Board, which
unanimously recommended approval, in supporting this project.
Commissioner Portie-Ascott said the Board has heard a lot of concerns about traffic on
Highway 86. She said there was information on a driveway permit in the packet, and asked how
that would help mitigate the traffic concerns.
Josh Reinke, traffic engineer with Bolton & Menk answered that the driveway will place
any requirements that will be incorporated into the design. He explained that NCDOT determined
that turn lanes aren't required but the fire chief has expressed concerns. He said the applicant is
willing to recommend turn lanes, but that can't be part of the document until it's part of the NCDOT
driveway permit.
Donna Crowder with Forestar Group reiterated that the driveway permit is how NCDOT
approves improvements along the whole road frontage, not just the driveway. She said the team
has been in discussions with NCDOT and said they would like to put in a center turn lane. In
response, Donna Crowder explained that NCDOT asked for sight distances so that they could
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make recommendations. She said the applicant sent out a surveyor who did some site distance
studies. So far, NCDOT is on board with allowing a center turn lane, and Josh Reinke sent an
email to request a lower speed limit. She explained that despite their willingness to implement
these measures, the applicant cannot guarantee they will be done until NCDOT issues the
driveway permit.
Commissioner Portie-Ascott asked if the applicant had also put in a request for a flashing
light.
Donna Crowder said they have suggested it, but NCDOT may not allow it.
Chair Bedford asked Taylor Perschau to put up the site plan on the screen.
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Commissioner Carter asked if there is any information about how high Strouds Creek rose
during Tropical Storm Chantal on this property.
Donna Crowder said unfortunately that information is not available, but added that the
buffers help prevent flooding and the homes are intended to be built on a hill, so there is a lot of
grade.
Commissioner Carter asked Cy Stober to define flood zones X and AE, because those
would not necessarily reflect what was seen with Tropical Storm Chantal.
Cy Stober said they would not, and asked Chris Sandt, County Engineer, to answer the
rest of the question.
Christopher Sandt, County Engineer, said he doesn't have the floodplain data available,
but zone AE is generally a one-hundred-year floodplain. He explained that there's a 1% chance
of an event happening in any given year. He said nobody really knows what Chantal was, but it
was well beyond a hundred-year event. He said he is not confident in answering what zone X
means without the map, but he can get that answer to the Board. He assured the Board that
floodplains and creeks both have buffers.
Vice-Chair Hamilton asked for a review of the buffers that apply to this plan.
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Don Sever with Bowman Civil Engineers said there are 1.9 acres of wetlands and there
15.3 total acres of riparian buffers that surround the wetlands and the streams that bisect the
property. Together that equals 40% of the common open space. He said there is also a
development buffer around the perimeter of the property, which varies from a 20-foot width to a
50-foot width and altogether totals 5.1 acres. He said there is a property line buffer, which runs
adjacent to the development buffer and is also 5 acres.
Taylor Perschau offered that there are minimum required stream buffers,floodplain buffers
and water body buffers if it's hydrologically connected.
The applicant passed out the following diagram to the Board to aid in the explanation.
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Referring to the above handout from the applicant, Taylor Perschau said there's a
floodplain buffer and a stream buffer on the northern portion of the property. There is also a
required stream buffer that runs through the middle of the property. Additionally, there is a phase
line where the applicant is proposing a phase one to be developed, as well as a phase two. She
said the diagonal hash represents either a stream buffer or a floodplain buffer and the required
buffers for stream and floodplain are a minimum of 65 and a maximum of 80, as detailed in the
ordinance. So that would be required regardless. Orange County buffers, both that 65 and 80
exceed the state's 50-foot regulated buffer. She explained that the development buffer that Don
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spoke of is something that the applicant is electing into and is not a minimum requirement of the
RCD District.
Don Sever explained what each color means on the diagram. The black areas are the
riparian buffers, red indicates the property line buffer, and the green areas are secondary tree
protection areas.
Commissioner Carter observed that, compared to the recently approved Rigsby property,
this site plan showed more lots in proximity to buffers.
Don Sever said, in his mind, there is green space in almost all cases before the riparian
buffer.
Commissioner Carter noted the soil evaluation showing 10 sites requiring subsurface drip
systems.
Cal Rider, environmental consultant, explained that while some lots encompass
subsurface drip soil, many could still accommodate conventional systems.
Commissioner Fowler said she saw that four lots were tested for their ability to have septic
drain fields and could see that they had both the primary and the repair fields in those diagrams.
She asked if it turns out that the primary and repair fields cannot fit on a lot, if that lot would not
be developed or if another type of septic system would be built.
Cal Rider said they may be forced to have a drip repair or would have to do a lot-line shift,
or, if it's not feasible, just wouldn't use that lot.
Commissioner Fowler asked if the applicant had considered a community septic system.
She asked if there would be room on the site.
Donna Crowder said the applicant did consider a community septic system but didn't feel
the county would be comfortable with a community septic or that the Board would consider it.
Commissioner Fowler asked for alternatives if this plan is not approved by the Board. She
mentioned that originally, there was a 42-acre conventional proposal with one acre per lot.
Taylor Perschau said if the applicant proposed 42 conventional lots, they would be
required to request rezoning.
Commissioner Fowler clarified that if this plan is not approved, the applicant could do 20
lots without coming back to the Board for approval, or they could come back with the 42-acre lot
plan. She noted that the 42-acre lot plan did not include any trails like the plan before the Board.
Taylor Perschau said Vice-Chair Fowler's understanding is correct.
Commissioner Fowler asked if septic fields would have to be approved by Orange County
Environmental Health.
Cal Rider said yes.
Donna Crowder emphasized they'd invested nearly two years and substantial funds in the
project, believing they were providing what the county wanted through compact subdivision
design. They indicated time constraints under their contract wouldn't allow for resubmission.
Commissioner McKee asked if the project was then designed around what they thought
would be approved rather than what was best for the community and what would be the best use
of the land.
Donna Crowder said her understanding is that it was one and the same. She said the goal
was to give the Board what they want to see, in accordance with the Comprehensive Plan.
Commissioner McKee asked what the limited use of the trails meant.
Beth Trahos said it means the trails would be accessible to all members of the community.
She said the property owner currently allows Eno River Academy to use the land free of charge,
and the school would like that to continue. She said the conditions for the property include
cooperation between the Homeowner's Association and Eno River Academy for use of the trails
for cross-country and access to the stream for teaching purposes. She clarified that they wouldn't
want any liability burden to be on the Homeowner's Association, so that would have to be
negotiated between those groups.
14
Laura Haywood, project manager with Forestar Group, said the Planning Board
recommended different wording for that condition, and the applicant obliged, which led to the
current wording. She said their intention is for the trails to be used by the community. She said
Eno River Academy was uncertain because the language had changed, but that was due to the
recommendation by the Planning Board.
Commissioner McKee asked if a driveway application had been applied for and asked if it
included a turn lane.
Laura Haywood said it is not typical at this stage to see a driveway permit application.
However, she said they intend to improve the roadway to make it safer and complete the same
for turn lanes as the Rigsbee property, but they are at the mercy of NCDOT.
Donna Crowser said NCDOT has agreed verbally, and they expect the permit to be
submitted on Dec. 15cn
Commissioner McKee said he finds it very hard to understand being this deep into a
project without having a good, clear understanding from the resident engineer for this district of
what will be allowed.
Josh Reinke said it would be atypical for a rezoning request to have a driveway permit in
place because the rezoning hasn't been approved.
Vice-Chair Hamilton thanked the applicants for their due diligence but expressed concerns
about approving the development while the 2050 land use plan was being developed. She found
the proposal inconsistent with the 2030 comprehensive plan, specifically Land Use Goal One,
requiring coordinated location of higher intensity development with existing public transportation
and infrastructure. Without water and sewer infrastructure from Hillsborough, she deemed the
density too high. She also expressed concerns about climate change risks with development
close to Strouds Creek and the impact of extensive septic fields on this vital water resource.
Commissioner Carter acknowledged the board's support for housing solutions but
distinguished between the R-1 zoning of Rigsby versus the Agricultural Residential zoning of this
property. The AR district's purpose is to preserve land suitable for agricultural uses and protect it
from incompatible land uses. She also shared concerns about septic systems and some lots'
proximity to riparian buffers.
Commissioner Greene appreciated that the layout was better than a conventional
subdivision, but felt it looked crammed into the space with fragmented green areas. She noted
Hillsborough's intention to constrict its urban services boundary away from this property, making
this intensity inappropriate. She said the Town's unanimous decision against extending water was
an important factor for her, as the county historically aligns with municipalities at its edges.
Commissioner Portie-Ascott said she has met with representatives from Eno River
Academy, considered the recommendation from the Planning Board, and weighed the fact that
the owners have been trying to sell the property for a number of years. However, she couldn't
overlook traffic safety concerns on Highway 86, including a tragic crash killing three people the
previous year. She felt NCDOT's practice of waiting for incidents before making changes put
families at risk.
Commissioner Fowler said she prefers this plan to the 42 because it preserves more
acreage overall. She agreed that there are some issues, encroaching on buffers, questions about
soil, but other than that, she thought this is a preferable plan to the 42 lot option. She mentioned
that it includes a trail that Eno River Academy could potentially use, while the other plan does not
include that. She said she trusts that a turn lane will be added if NCDOT allows it. She said she
thinks this is closer to the conservation clusters that the Board would like to see.
Commissioner McKee main concern was the urban-style, dense development of 49
houses on 20,000 square foot lots without urban services. He stated this would be acceptable
with sewer and water, but saw issues with the current proposal. The dense development didn't
15
align with the rural character of the area or planning principle five about preserving the county's
rural landscape.
Chair Bedford concurred about excessive water on the site, emphasizing the need to
evaluate each site individually. She distinguished this from proposals preserving contiguous
farmland, noting the fragmented open space here didn't achieve clustering's real goals. While she
was not concerned about the proposed community well or potential water depletion, she found no
greater public interest served by the rezoning, given issues with septic, traffic, and rural character.
Slide #45
Planning Board Recommendation
Planning Board reviewed the rezoning application at its September 3 and
October 1,2025 meetings
As available in the meeting minutes(Attachment 6),the Planning Board voted
9-0 to recommend approval of the Statement of Consistency(Attachment 7)
and the proposed ordinance for the Zoning Atlas Amendment(Attachment 9).
ORANGE COUNTY
NORTH CAROLINA
Slide #46
Recommendation
The Manager recommends the Board:
1. Conductthe 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 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 Statement of Inconsistency
(Attachment 8).
ORANGE COUNTY
NORTH CAROLINA
16
A motion was made by Commissioner Greene, seconded by Vice-Chair Hamilton, to deny
the Zoning Atlas Amendments, as the application is not reasonable because it is not in the public
interest, for reasons articulated by Commissioners, and as detailed in the Statement of
Inconsistency (Attachment 8)."
Vice-Chair Hamilton suggested an amendment to the motion, asking for the Statement of
Inconsistency to include Land Use Goal One.
Commissioner Greene accepted the amendment.
VOTE: Ayes, 6 (Commissioner Carter, Commissioner Portie-Ascott, Commissioner
Greene, Chair Bedford, Vice-Chair Hamilton, Commissioner McKee); Nays, 1
(Commissioner Fowler)
MOTION PASSES
b. Unified Development Ordinance Text Amendments — Impervious Surfaces, Watershed
Protection Overlay Districts, and Stream Buffers
The Board conducted a public hearing and considered action on Planning Director-initiated text
amendments to the Unified Development Ordinance (UDO) pertaining to Impervious Surfaces,
Watershed Protection Overlay Districts, and Stream Buffers.
BACKGROUND: The Orange County Planning & Inspections Department has initiated text
amendments to UDO Sections 2.20, 4.2, 6.13, and Article 10. The proposed amendments are
multi-faceted in purpose and are intended to be comprehensive in addressing overly complex
text/tables, and to improve interpretation and application of the LIDO for both staff and applicants.
Specifically, the amendments address:
1) Refinements and reading clarity improvements related to impervious surface area limits
and existing development definition timelines for the County's thirteen (13) Watershed
Protection Overlay Districts, including deletion of the obsolete "Sliding Scale Table"
(Tables 4.2.5.2 &4.2.5.3); and
2) Refinement of minimum reservoir buffer widths for the Upper Eno Critical Watershed
Protection Overlay District to better accommodate known non-conforming lots located
around the shoreline of Lake Orange and reduce setback variance requests related to this
specific location.
3) Refinement of the "Water Feature" definition within Article 10 to clarify and conform with
County/State/Federal regulatory authority.
The proposed amendments can be found in Attachment 2 within a "track changes" format.
Joint Planning Area (JPA) Review: In accordance with the Orange County-Chapel Hill-Carrboro
Joint Planning Land Use Plan and Agreement, the proposed LIDO text amendments package was
sent to Town staffs on July 30, 2025. Town of Carrboro staff sent the comments contained in
Attachment 3 on August 18, 2025, and found no inconsistency with the Joint Planning Area Land
Use Plan. To date, no comments have been received from the Town of Chapel Hill.
Planning Board Recommendation: The Planning Board reviewed this item at its October 1, 2025,
regular meeting. The Planning Board voted unanimously to recommend approval of the proposed
17
text amendments. An excerpt of draft minutes from the October 1, 2025, meeting and the signed
Statement of Approval and Consistency are included in Attachment 4. Prior to making its
recommendation, the Planning Board reviewed the materials in an "Ordinance Review
Committee" (ORC) meeting on July 9, 2025. Agenda materials for these meetings are available
at: http://orangecountVnc.gov/AgendaCenter/Planning-Board-26.
Planning Director's Recommendation: The Planning Director recommends approval of the
Statement of Approval and Consistency as contained in Attachment 1 and approval of the
proposed UDO Text Amendments as contained in Attachment 2.
Chris Sandt, County Engineer, made the following presentation:
Slide #1
ORANGE COUNTY
NORTH CAROLINA
BOCC Meeting
November 18, 2025
Christopher J. Sandt, P.E.
County Engineer
Slide #2
f
ORANGE COUNTY
NORTH CAROLINA
UDO Text Amendments related to
Impervious Surface Limits for Watershed
Protection Overlay Districts (WPODs),
Reservoir Setbacks for the Upper Eno
Critical WPOD, and "Water Feature"
Definition Update
Chris Sandt said he will be presenting some proposed staff-initiated text amendments to
the Unified Development Ordinance (UDO). He explained that the UDO is a working document
and is constantly evolving. He said the document changes as a result of changing state regulatory
requirements. He said the Planning Department is a delegated authority for the enforcement of
the riparian buffers throughout Orange County, as well as for erosion control and stormwater
management, which is all tied to these watershed protection overlay districts.
18
Slide#3
Why Are We Here?
• October 10, 2023 — Regulatory Updates
— North Carolina House Bill 600(HB 600/5L 2023-137).
— HB 600 provides clarification regarding what is considered
existing built upon area(i.e.,pre-existing development).
— Any built upon area in existence prior to the effective date of the
local water supply watershed program(i.e.,WPODs)is
considered pre-existing development and cannot be counted from
a regulatory perspective(i.e.,stormwater management needs).
— The pre-existing date is generally defined as January 1, 1994, but
some WPODs have different dates.
— LIDO text amendment approved by BOCC on June 4, 2024,that
integrated key requirements of HB 600.
— We are now providing additional clarifications.
ORANGE COUNTY
NORTH CAROLINA
Chris Sandt said most of the proposed amendments are just clarifications for constituents.
He said these cutoff dates were in the UDO, but very difficult to find, even for staff. So the purpose
of the proposed amendments is to make the UDO more understandable and ensure conformance
with current state law.
Slide #4
Why Are We Here?
• Reservoir Setbacks for Lake Orange
— Upper Eno Critical WPOD
— Non-conforming lots around Lake Orange,can't meet 150-ft setback
— Multiple variance requests;substantial staff time/effort
— Reduce reservoir setback(Lake Orange only)to 75-ft
• Reviewed with Ordinance Review Committee
(ORC) on July 9, 2025; and Planning Board
meeting September 3, 2025.
— Impervious bonus for affordable housing no longer included in this
proposed text amendment; may be reapproached in near future
— Have added an Article 10 definition refinement for"Water Feature"
ORANGE COUNTY
NORTH CAROLINA
Commissioner McKee asked what hoops people are having to jump through for the
variance requests.
Christopher Sandt said it is a straightforward process, but it is not a quick process. He
said four have been processed in the last couple of years.
Cy Stober said a Board of Adjustment variance requires an application, a several-hundred-
dollar application fee, and it takes at least three months for staff review, scheduling of the
evidentiary hearing, proper notice of the hearing, and then to hold the hearing. He explained that
19
part of the evidentiary hearing is evidence provided by the applicant and an analysis by Chris
Sandt or Victoria Hudson, Director of Environmental Health, that no public safety or welfare
concerns are presented by this encroachment into this particular and peculiar buffer that really
only resides on this individual water body in the entire county at this point. He estimated it would
add thousands of dollars of additional costs to a renovation project or a new home, in some cases.
He pointed out that new homes are being constructed and are seeking variances in this setback,
and it adds a minimum of three months to the timeline so that a Board of Adjustment hearing can
be held.
Patrick Mallett explained that the burden extends beyond major renovations.
Commissioner McKee asked for an example of a minor change that would require this
level of involvement.
Cy Stober said even minor improvements like wrapping a porch, paving a driveway, or
adding a patio require the full variance process.
Commissioner McKee said it is possible that this process could cost as much as the
change a property owner is trying to make.
Cy Stober said that it is true in theory.
Vice-Chair Hamilton asked about setback requirements.
Patrick Mallett said explained that existing homes built with 75-foot setbacks in the 1970s-
80s are non-conforming under the current 150-foot requirements. For new construction on vacant
lots, current rules effectively make many unbuildable due to the combined setback requirements.
Vice-Chair Hamilton asked if these homes are becoming less safe by making setbacks
closer.
Christopher Sandt assured that the major CIP repairs to the Lake's dam had been
completed, with the entire embankment reinforced. Without these improvements, the dam might
not have survived Helene. He explained that during that storm, water approached but didn't
significantly flood homes closest to the lake.
Vice-Chair Hamilton thanked him for the explanation.
Commissioner Greene initially wondered why vacant lots couldn't maintain 150-foot
setbacks while existing homes had different standards, but understood the lots were too small
and maintaining consistent buffers around the reservoir was necessary.
Patrick Mallett added that the smaller lots are the only ones that are left, which do not
accommodate large homes.
Commissioner McKee noted the lake was built in the mid-1960s with lots platted before
the current regulations. He said this is a longstanding issue rather than a recent development.
20
Slide #5
Why Are We Here?
June 4, 2024 TextAmendment
HB 600("Regulatory Reform Act')
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ORANGE COUNTY
NORTH CAROLINA
Chris Sandt explained again that the June 4, 2024, text amendment took care of most of
the requirements from HB 600, and the proposed amendments today are aimed at making the
UDO a more understandable document for constituents and staff.
Slide #6
Watersheds
-- -- -
�'e F:, - -
idwe eel
(r.,01e[Ilfl � ��.\ I ' LPrzo eveJl
ov,Enu Watershed
trI+e
xr I
Protection Overlay
Districts
„n a.o„ (WPODs)
[welecleJl � Joltlan Leee R VeM19as�BnwJary
Jl 1 �'x ei yn0es
." nucail AS r uRVhazlri ersLetl
very RWer mNLae `
Plv WecM41 A
ORANGE COUNTY
NOR 1 11 C" ROI 1N A
Chris Sandt described the map, which depicts the 18 watersheds in Orange County. He
indicated that everything in the northeast corner of the county drains to Falls Lake. He pointed
21
out the thick blue line in the middle of the map as the break line between the Jordan Lake Basin
and the Falls Lake Basin. He said there is a small section in the northern part of the county that
drains up to the Roanoke Basin in Virginia. The grey areas of the map are the municipal
boundaries. The light blue areas on the map are the protected watersheds, and the darker blue
areas are the critical watersheds. He explained that the darker blue watersheds are adjacent to
the water supply reservoirs. Chris Sandt explained that there are maximum impervious surface
area restrictions as well as density restrictions that vary by watershed and are based on the
criticality of the watershed. He pointed out the West Fork on the Eno Reservoir (WFER), which is
owned and operated by the town of Hillsborough. The WFER is about three times the volumetric
size of Lake Orange. It was built between 1990 to 2010 with some recent upgrades in the last five
years. Lake Orange does not have an intake, nor does the WFER, unlike University Lake and
Cane Creek Reservoir. He explained that Lake Orange is the only reservoir that is subject to the
reservoir setbacks that can't be met because the lots are too small, as they were platted and built
before the rules existed.
Slide #7
Impervious Surface Limits for WPODs
Table I—Impervious Surface Limits
WatersOve dahedProtetti6Ek
Overlay District Imp"ous limits(Residential) Impervious Um its(Hon-Residential) EAstingDeveltipmentDate
University LakeCritical Ana(UNI1l-CA) 6%UftL 01abk 4.2.5.11or rm[rpnons) 6% Ap112.1M
Un iversity lake Prri,"d(UNW- 6%(see0001abk4.25.11crewpnom) 12%(we 00 Eahie 4.2.6 fm eueptiono Apol2.199D
PW)
Cue(mek(rokal Area(CANE-M 64s(see00011bk4.2.5.1fwmvpuoml 6% wow 19.1999
(me(reek Protected(CAN FPW) 6%(we UM Table 4111 Ter MTPtimi 12%Ism UDD Talk 4.2.61or eueptioml Dttobrr 19,10M
Upp"Issv01kalArea(U-111 H/U 6%ItaeuDDffik4.7.5.l lot eecep6wnl 6% lanwry1,1991'
I Z%(outLde of rwmawl ANNO
Upper Erm I'mtected(11•EN0•PWi X%lwnhin 7caminon Areas) 12%(seeUDD lahke4.2A Tor-epbons) January 1,MC
7A(wdhm-bigh denary'a EDD krns)
24%(with cwh and gutterl 24%Nvl1h curb and getlrr(
Lower l n o Pmwted(1 M.PWI 366e(withml curb and goerJ 36%IvAhan[curb and goner} Yanvary 1,1994
70%Wtht llo dendcy'w EDD Areas) 70%(wh1Ma'hrgh deputy or[DO Areas)
LiMeAiver Rotected{UME-PfY) 6%(wUDD bble4.7.5.3 for c�gtioml 12%(see UDO We 4.2.6 kr exeptlam) )smiary 1,1994
12%(XtsldeM Tomdrvn Areash
8ark(reek Pivwc.d(8A(N-PW) 30%(wdhin lranprWn Areas) 12%Isee UDO TM 42.6 Tor ezcCpt*W
70%(within"Nigh dem ly'cue EDOAreu) }anvary 1,1994
SpMh"freek PmtaeeN Iffla-ml 12% 12%(see UDOTWe 426 Toreueplk ) fanuary t.19%
Flat Rive Pm[eeted(FLA1•PWI IZ% 12%Isee UDO Table 4.26 Tor euWlomn January 1,19%
Flaw R6wPmte1ed MAWPWI 14% 24% January 1,19%
krdm Lake Pmtectrd IIORDAN*M 7dae N% kiviwy 1,1994
•D+errweodddivnurmpra.rs mcAe Cnstk+g pnrlapmen10urrspenhr topanrlr lased adprm lu Ow WW krsrfnoAn EWACP2.
�1
ORANGE COUNTY
NORTH CAROLINA
Chris Sandt said this table was created by staff in December 2024. It clearly defines the
existing development date for each watershed.
22
Slide #8
Proposed UDO Text Amendments
• Articles & Sections Affected
— Article 2
• 2.20 (Stream Buffers - Use Authorization Cert.)
— Article 4
• 4.2 (Watershed Protection)
— Article 6
• 6.13 (Stream Buffers)
— Article 10 ("Water Feature")
• 23 pages affected in total `-1—
ORANGE COUNTY
NORTH CAROLINA
Slide #9
Proposed UDO Text Amendments
Elimination of "Sliding
Scale" — Section 4.2
• Origin of table is unknown, not
statute-based, created in mid-1990s
in response to WPOD enforcement
• Originally intended to deal with non-
conforming lots from density and
impervious area perspectives
• With new legislation, keeping the
sliding scale would give a"double
bump"to impervious allowancesI el
• Table was difficult to understand/use
• Replaced with 12% impervious cap
for all non-conforming lots
• Provides clarit /consistenc for non- ORANGE COUNTY
y y NOR F1 I C:AROLINA
conforming lots
23
Slide #10
Sliding Scale Example D• Section
Location:
Chapel Hill Township
648 Pine Acres Road
9768-59-7036
Watershed:University Lake Protected
i
Lot Recorded: 1987
Year Developed: 2024
Lot Size: 26,136 sq.ft.10.6 acres
Scope of Project:Double-wide Manut
3,432 sq.ft.of impervious with existing
Impervious Allowed: 4
ya 6i
38.3%10,024 sq.ft{with Sliding Scale and new Law)
14.8% 13,868 sq.ft. (with Sliding Scale) e
12%+16,156 sq.ft(w1 existing imp.credit)
15%+16,837 sq.fl.(w!text amend+SCM)
Notes:
• Lot less than 1 acre and replacement of ORANGE COUNTY
manufactured home NORTH CAROLINA
Patrick Mallett continued the presentation:
Slide #11
Sliding Scale ExampleD• Section
Location:
Chapel Hill Township
349 Warren Court
9768-67-1418
Watershed: University Lake Protected
Lot Recorded: 1973
Year Developed: 1973(house),2023(addition)
Lot Size: 43,560 sq.ft.11.0 acres r
Scope of Project:541 sq.ft.screen porch,5,530 sq. _
ft.of impervious including existing
Impervious Allowed:
39%17,021 sq.ft(with Sliding Scale and new Law)
14.0% 16,098 sq.ft. (with Sliding Scale)
12%+/10,923 sq.ft(w/existing imp.credit)
15%+1 11,234 sq.ft.(wl text amend+SCM) ----------�m=-�______________
Notes:
• 1 acre lot with existing home,driveway,and ORANGE COUNTY
shed,adding a screen porch NORTH CAROLINA
24
Slide#12
Sliding Scale Example D• Section
Location: ;nlh.
x},vF^84o4 di..vanm r1w.t n,
Bingham Township
4710 Nicks Road t "+UPSIAV
9822-91-6452 L—l—� _
Watershed:Cane Creek Protected
*- , -
Lot Recorded: 1984
_
r -
Year Developed: 1984(house),
(garage)2024 p
Lot Size: 55,103 sq.ft.11.265 acres
Scope of Project:2,234 sq.ft.additional.
7,125 sq.ft.of total impervious
Impervious Allowed:
35%19,290 sq.ft(with Sliding Scale and new Law)
14.0% (7,494 sq.ft. (with Sliding Scale)
12%+1 11,796 sq.ft(wl existing imp.credit)
15%+/13,272 sq.ft.(w1 text amend+SCM) _
Notes: ORANGE COUNTY
Existing home and driveway+garage and driveway ext. NORTI I CAROLINA
Slide #13
Proposed UDO Text Amendments
Lake Orange Reservoir Setbacks — Section 6.13
• Upper Eno Critical WPOD effective and enforced since January 1,
1994 (well after the lake was created in 1968).
• The majority of lots around Lake Orange are non-conforming
because of this retroactive setback.
• There are many Lake Orange lots smaller than 1 acre (inherently
difficult to build on); platted prior to 1994.
• The 150-foot reservoir setback is 100 feet wider than state minimum;
it is not possible for these lots to meet the 150-foot reservoir setback
without a variance approval.
• Recent research has indicated no significant water quality benefits
beyond state-standard 50-foot buffer. We will enforce 75-foot.
ORANGE COUNTY
NORTH CAROLINA
25
Christopher Sandt continued the presentation:
Slide #14
Proposed UDO Text Amendments
Lake Orange Reservoir Setbacks — Section 6.13
Addra d Structures(2ov)Within joo'of 615'Ll—tion tlno
■ Almost 70
existing homes
already
encroach within
the 150-foot
reservoir
setback
■ 15 existing r
homes are
already within '
75-feet of the
shoreline
DRANGE COUNTY
NORTH CAROLINA
Christopher Sandt explained that even with these changes, the 15 homes within 75 feet
of the shoreline would likely still need to submit a variance if any improvements are planned.
Slide #15
Proposed UDO Text Amendments
Lake Orange Reservoir Setbacks — Section 6.13
• 75-foot reservoir setback allows for:
• Existing homes to become conforming;
• Homeowners to perform improvements/repairs to existing
homes without the need for variance requests; and
• Ensuring long-term protection water quality of Lake Orange
with a 25-foot wider reservoir setback than state minimum.
ORANGE COUNTY
NORTH CAROLINA
26
Slide #16
Proposed UDO Text Amendments
Article 10 — refinement of "Water Feature" definition
• Current definition is misleading and oversteps Orange County's
delegated regulatory authority—which is specific to riparian
buffers and floodplain
• Elimination of listed examples that fall under the regulatory
jurisdiction of state or federal government (e.g., artesian wells,
wetlands, etc.)
�1
ORANGE COUNTY
NORTH CAROLINA
Slide #17
Recommendations for Tonight
The Manager recommends the BOCC:
1. Consider the Planning Director's and Planning Board's
recommendations,
2. Conduct the Public Hearing and accept public comment,
3. Deliberate on the proposal, and
4. Decide and vote on the Statement of Consistency
(Attachment 1) and the proposed UDO Text
Amendments (Attachment 2).
ORANGE COUNTY
NORTH CAROLINA
27
Slide #18
�1
ORANGE COUNTY
NORTH CAROLINA
Questions?
A motion was made by Vice-Chair Hamilton, seconded by Commissioner Fowler, to open
the public hearing.
VOTE: UNANIMOUS
PUBLIC COMMENTS:
Laura Streitfeld asked the board not to approve the amendments, arguing they should wait
until after completing the 2050 land use plan. She expressed concern that reducing setbacks and
changing impervious calculations could pose public risks and decrease water quality protections
around Lake Orange, which experienced flooding during Tropical Storm Helene. She stated the
amendments were inconsistent with several 2030 comprehensive plan principles and the 2025
strategic plan's environmental protection goals.
A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to
close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner McKee, seconded by Chair Bedford, to approve the
Statement of Approval and Consistency(Attachment 1)and the proposed UDO TextAmendments
(Attachment 2).
VOTE: UNANIMOUS
6. Regular Agenda
a. Chapel Hill Transit FY26 Q2 Annual Work Program Amendments for Transit
This item was removed from the agenda at the beginning of the meeting.
b. Discussion of Closed Session Timing/Location on Board Meeting Agendas
The Board continued discussion on the timing/location of Closed Sessions on Board meeting
agendas.
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BACKGROUND: Members of the Board of Commissioners expressed an interest in where
Closed Sessions are scheduled on Board meeting agendas. The Board previously discussed this
topic at the September 9, 2025 work session.
Laura Jensen, Clerk to the Board, presented options for holding closed sessions earlier in
the evening rather than at the end of meetings. She said the board experimented with a 6:00 pm
special meeting for a closed session on October 6th before their regular meeting. She explained
that the current Rules of Procedure list closed sessions as item 13 during business meetings.
Looking at 2026, 9 of 21 business meetings would have conflicts at 6:00 pm due to other board
obligations. For work sessions, 2 of 13 would have conflicts. She proposed giving the board a list
of potential early closed session dates at the beginning of the year, with a 48-hour notice required
for special meetings. She explained the limitations with special meetings. The 48-hour notice
requirement for special meetings means topics arising within that window couldn't be added,
limiting flexibility compared to the current item 13 placeholder.
Vice-Chair Hamilton said the Board could continue Item 13, and for the dates that it is
possible to have early closed sessions, could do so with a special meeting notice.
Laura Jensen agreed and added a caveat that there are special circumstances that
would require a closed session at the end of a meeting, i.e., the security session. She explained
that the December 9th security session must occur in the board room after the meeting, when
all other staff have left.
Commissioner Carter said she thought it would require an amendment to the rules of
procedure to have closed sessions before work sessions.
Laura Jensen said this would not require a change to the Rules of Procedure, and that,
as long as there is notice, a closed session could be added before the meeting, or the Board
could add a closed session to a work session agenda.
Commissioner Carter said she thought the because the Rules of Procedure only mention
closed sessions during business meetings, that they could not take place during work sessions.
John Roberts said items can be added to any agenda for regular meetings on the
Board's calendar. However, he explained that a special meeting called for a closed session
could only include the topics for which it was called.
Chair Bedford said it may be more transparent to change the language of the Rules of
Procedure to align with what the Board is deciding.
Commissioner Portie-Ascott agreed.
John Roberts said language could be added if the Board would like.
Commissioner Portie-Ascott said she doesn't like that item 13 would be a placeholder
and would prefer the Board stick with having closed sessions earlier in the evening. She asked
about options before 6:00 pm or meeting for closed sessions virtually.
Vice-Chair Hamilton said she can't meet earlier because of her job. She said the Board
can agree to have closed session at 6:00 pm when possible, but item 13 is needed in case the
closed session takes too much time before the meeting or in case something comes up that
requires a closed session within the 48-hour window.
Commissioner Fowler said she is fine with the flexibility of having closed sessions at
6:00 pm but would appreciate a reminder.
Commissioner McKee agreed he would need reminders. He said some counties meet
earlier in the day, but he does not support that because it limits who can serve on the Board.
Commissioner Portie-Ascott asked if the Board could meet virtually.
John Roberts said the North Carolina General Statutes acknowledge that electronic
meetings can occur, but that is unsettled law at this time outside of a state-declared emergency.
If the Board decided to do that ever, he would recommend it be done for a work session where
29
no final decisions are made. He said decisions are often made in closed sessions, so he would
not recommend virtual meetings for most of those.
Commissioner Carter asked if the Board could discuss this again after testing earlier
meeting times for closed sessions. She said she likes the idea of having meetings at other times
of the day.
Commissioner Greene said meeting earlier than 6:00 pm is not possible for her.
Chair Bedford said the vast majority of people would also get excluded from attending
meetings if they were held during the day.
After additional discussion about the Rules of Procedure and whether changes were
needed, the Board reached consensus to:
• Keep closed sessions as item 13 for flexibility
• Have Laura Jensen provide a calendar of dates when 6:00 pm closed sessions would
work
• Hold closed sessions at 6:00 pm when no commissioners have conflicting obligations
• Not formally change the Rules of Procedure, but establish this as a preference
• Ensure adequate reminders when 6:00 pm sessions are scheduled
7. Reports
None.
8. Consent Agenda
• Removal of Any Items from Consent Agenda
• Approval of Remaining Consent Agenda
• Discussion and Approval of the Items Removed from the Consent Agenda
A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to
approve the consent agenda.
VOTE: UNANIMOUS
a. Minutes for October 21, 2025 Business Meeting
The Board approved the draft minutes for the October 21, 2025 Business Meeting.
b. Boards and Commissions —Appointments
The Board approved the Boards and Commissions appointments as reviewed and discussed
during the November 11, 2025 Work Session.
c. Abolition Day Proclamation
The Board approved a proclamation recognizing December 6, 2025 as Abolition Day in Orange
County.
d. Fiscal Year 2025-26 Budget Amendment #4
The Board approved budget, grant, and capital project ordinance amendments for Fiscal Year
2025-26.
e. North Carolina Governor's Highway Safety Program - Orange County Sheriff's Office
Police Traffic Services and Approval of Budget Amendment#4-A
The Board:
1) adopted a Resolution recognizing federal funding for police traffic services to the Sheriff's
Office;
2) authorized the Chair to sign the Resolution; and
3) authorized Budget Amendment#4-A.
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f. White Cross Fire Truck Financing and Authorization for the Chair to Execute Required
Documents
The Board:
1) approved a County verification letter confirming that the White Cross Volunteer Fire
Department (WCVFD) is a qualified volunteer fire department assigned to protect the
White Cross Fire Service District and that an ad valorem fire tax is levied within the district;
and
2) authorized the Board Chair to execute the verification letter and any related, non-
substantive documents required by the lender to complete the financing for a new fire
truck for WCVFD.
g. Award of Bid for Installation/Replacement of Booths at Solid Waste & Recycling
Centers and Approval of Budget Amendment#4-B
The Board awarded a bid to Central Builders, Inc. of Mebane for the installation/replacement of
eight (8) booths at three (3) of the Waste and Recycling Centers to protect staff from extreme cold
and hot weather as the existing structures are inadequate for this purpose, and approved Budget
Amendment #4-B.
h. Purchase of Equipment for Solid Waste Management
The Board awarded and authorized the Orange County Solid Waste Department to purchase four
(4) pieces of equipment.
i. Purchase of Vehicles for Multiple Departments
The Board approved and authorized Orange County Fleet Services Department to purchase ten
(10) vehicles.
j. Amendment to Professional Services Contract with Clarion Associates to Develop a
Comprehensive Land Use Plan
The Board approved a contract amendment between Orange County and Clarion Associates,
LLC, adding additional note-taking services to the contract for the development of a
Comprehensive Land Use Plan.
k. Approval of a Contract Amendment with Tyler Technologies for the ExecuTime
Timekeeping System
The Board approved and authorized the Manager to sign a contract amendment with Tyler
Technologies, Inc. to migrate the County's Enterprise Timekeeping system to Tyler Technologies
ExecuTime.
I. Approval of Enterprise Agreement for Microsoft Office 365 Subscription Licenses
The Board:
1) approved and authorized the Manager to sign a contract for the purchase of Microsoft
Office 365 subscription licenses from Software House International Corp.; and
2) approved and authorized the Manager to sign the associated Microsoft Volume Licensing
Enrollment Agreement.
m. Approval of Master Plan Amendment— Blackwood Farm Park
The Board approved an amendment to the adopted Master Plan for Blackwood Farm Park to
reflect planned updates as part of Phase 2-B of the park.
n. Approval of a Contract with O'Brien Atkins for Design and Engineering Services for the
Renovation of the Link Center and the Sheriff's Office Evidence Storage Facility
The Board:
1) reviewed and approved the proposal and contract with O'Brien Atkins for design and
engineering services for the renovation of the Link Center and a Sheriff's Office Evidence
Storage Facility; 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.
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o. Orange County FY26 Q2 Annual Work Program Amendments for Transit
The Board approved the Orange County FY26 Quarter 2 (Q2) amendments to the Annual Work
Program (AWP) for transit.
9. County Manager's Report
Travis Myren reminded the Board of the retreat on Friday at 1:00 pm at the Whitted Human
Services Building.
10. County Attorney's Report
John Roberts had no report for the Board.
11. *Appointments
None.
12. Information Items
• Memorandum — Financial Report - First Quarter FY 2025-26 and FY 2024-25 Unaudited
Results
• Memorandum —Appeals and Neighborhood Reviews Update Reports
13. Closed Session
A motion was made by Vice-Chair Hamilton, seconded by Commissioner Fowler, to enter
into closed session to "consult with an attorney employed or retained by the public body in order
to preserve the attorney-client privilege between the attorney and the public body," pursuant to
NCGS 143-318(a)(3).
VOTE: UNANIMOUS
RECONVENE INTO REGULAR SESSION
A motion was made by Chair Bedford, seconded by Commissioner Fowler, to reconvene
into regular session at 10:09 p.m.
VOTE: UNANIMOUS
Adjournment
A motion was made by Commissioner Fowler, seconded by Commissioner Carter, to
adjourn the meeting at 10:10 p.m.
VOTE: UNANIMOUS
Jamezetta Bedford, Chair
Recorded by Tara May, Deputy Clerk to the Board
Submitted for approval by Laura Jensen, Clerk to the Board