Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda 07-09-2026; 8-m - Major Subdivision Preliminary Plat Application – Rigsbee
1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: July 9, 2026 Action Agenda Item No. 8-m SUBJECT: Major Subdivision Preliminary Plat Application — Rigsbee DEPARTMENT: Planning and Inspections ATTACHMENTS: INFORMATION CONTACT: 1. Preliminary Plat Lauren Honeycutt, Planner II, 919-245-2598 2. Staff Report Cy Stober, Planning Director, 919-245-2592 3. Excerpt of Approved May 6, 2026 Planning Board Meeting Minutes 4. Resolution of Approval PURPOSE: To review and consider approval of the Rigsbee Major Subdivision Preliminary Plat application for the property with Parcel Identification Number 9749-42-2010, located at 3531 NC Highway 54 West, in accordance with the provisions of Section 2.15 and Article 7 of the Unified Development Ordinance (UDO), as well as the binding land use conditions for the zoning district. BACKGROUND: A Major Subdivision Preliminary Plat application was received proposing a 43- lot subdivision with 57.66% Common Open Space. The proposed subdivision's Concept Plan was previously reviewed and approved by the Orange County Board of Commissioners (BOCC) as the site-specific plan of a Residential Conditional District (R-CD) rezoning application at the Business meeting on October 7, 2025. Review Process: A Major Subdivision application requires the submission of a preliminary plat and other documents, in accordance with Section 2.15 of the UDO. A Concept Plan must be reviewed and approved by the Planning Board for all Major Subdivisions, per UDO Section 2.15.2. The Site Plan associated with the BOCC-approved R-CD zoning application for the properties serves as the Concept Plan. A Major Subdivision application requires the submission of a Preliminary Plat and other documents, in accordance with Section 2.15 of the UDO. • First Action — Onsite visit with the Planning Director. Staff Comment — The site visit was completed as part of the Conditional Rezoning review process. • Second Action — The applicant holds a Neighborhood Information Meeting (NIM). Staff Comment — The NIM was completed as part of the Conditional Rezoning process. The NIM was held on April 29, 2025, at 7:00 p.m. at Antioch Baptist Church, 1707 White Cross Road. 2 • Third Action — The Planning Board reviews and takes action on the Concept Plan application approving the Concept Plan - Flexible Development Plan. Staff Comment: The Planning Board recommended approval of the Concept Plan — Flexible Development Option as part of the Conditional Rezoning application on August 6, 2025. • Fourth Action — Once a Concept Plan is approved, the Planning Board reviews and makes a recommendation on the approval of the Preliminary Plat for the project. Staff Comment: The Planning Board reviewed the Preliminary Plat application at its regular meeting on May 6, 2026, and voted unanimously to recommend approval of the Preliminary Plat. • Fifth Action — The BOCC reviews and takes action on the Preliminary Plat application. • Sixth Action — Once all construction activities have been completed, or appropriate performance guarantees have been approved, the Planning Director shall take action on an application solely to affirm conformity with all applicable regulations and established conditions and approve the recordation of a Final Plat, per UDO Section 2.15.4, allowing for the individual lots to be created. Proposal: The petitioner has submitted a Major Subdivision Preliminary Plat application proposing to develop 43 single-family residential lots with approximately 57.66% (35.24 acres) of dedicated Common Open Space, consistent with the applicable site-specific plan for this Conditional Zoning District. The Preliminary Plat is contained in Attachment 1. Planning Board Recommendation: The Planning Board received and reviewed the Preliminary Plat application at its May 6, 2026, meeting and voted unanimously to recommend approval of the Preliminary Plat. An excerpt of the approved minutes from the meeting is included in Attachment 3. Planning Director Recommendation: The Planning Director recommends that the Board of County Commissioners: 1. Review the staff report (Attachment 2), featuring analyses of UDO compliance and consistency of the application with Orange County's adopted plans; and 2. Approve the Preliminary Plat, as submitted. FINANCIAL IMPACT: This request has been reviewed by various County departments who have determined that the approval of the request would not create the need for additional funding for the provision of County services. ALIGNMENT WITH STRATEGIC PLAN: This item supports: • GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACT OBJECTIVE 7. Conserve and protect high priority open space, including Natural Heritage sites, nature preserves, watershed riparian buffers, and prime/threatened farmland. RECOMMENDATION(S): The Manager recommends the Board: 1. Receive the Planning Board and staff recommendations; and 2. Approve the Preliminary Plat as submitted and the Resolution of Approval contained in Attachment 4. 3 ------- ------ ----------- rh rr I 'n1/ IA`,I Y/F rr 1 OR,4v(F(o"NiY LAND LI IUNHANCL FIRM NUMHLR: LUF ), �•�.L._L.I 1'Y I I I YI�111~�.\1 •�I_�1�•1•• I_2RANCE-DUM 1010AWATEf!PE.RNIT NJII3ER_SWP26_OgI WE- r 1 ( I �■■ II I" 1 I '`' .1I 1 ------- VICINITY MIAF------- IriC� G rF �1)�;:) ��A �■■ _4 Ir I/'41C 4 9n�-x � I I■■ x1. I c �� 3 I Il 1 E: II I I CJI II■■ 10 �r-- IB 1 nhc�nn l..C�vun�;lh 1�a, North C.i'c: rol i n��� COMMITMENTS DEVELOPER CURRENT PROPERTY OWNER CIVIL ENGINEER " Q ,,, ,� �N �r�,N��,�g,� N,,�,;n„°”„x�o ria �•„a,; Forester,Inc. Carolyn Rigsbee Bowmai North Carolina,Ltd. _ AttrT Laura Haywood 3531 NO 54W 4006 Barrett Drve n xr.m coo, m 'o'. xm P� un- ;Du*m.,uvuP�.e• E o•^�” °�°`"a� 8041 Arco Corporate Drive,Suite 110 Chapel Hill,NC 27516 Suite 104 a $ "" " a° ` Ralei h,NC 27617 919 619-5697 Raleigh,NO 27609 9 ( 1 ww (919)8047220 (919)553.6570 laurahaywood@foreslar.com donaldsever@bowman.com FIRM#F-1445 .�olar•A.Nnw,l.11n, `°'w.''i.,"ii:°mm'a•��.�.":;,��,nw'�,�``��"°nm�"xw:�;e.0"s<w��.�'a,'•�,�iiaa'a�:i�wa.olew,�w,•.ew°auc "......�"`" "°`" WELL&SEPTIC DESIGNER LANDSCAPE ARCHTECT w,X�Na' TRAFFIC CONSULTANT �o��.,m.w�;,.•n.Nn•,nc,nm�„w.,T,N. YnP,.nmoe.msm.,, —W Bolton „u<x,.",,,.m,,,A,m,�,°•„�,.,�,,,„,�.,,°�.Lin,.D«°,';,,xm^„�,;.,I�,�,:N;�,a,A ";A„ MacCONNELL&Associates,P.C. Weston&Sampson Engineers,Inc o�p•�Y Bol Daws Dawson 5D1CascadePointeLane 424 S.Dawson Street 418 S Dawson Street Raleigh,NC 2760'' — w z Raleigh,INC 8)27596 Suite 103 W E-, a Cary,NO 27513 (98)532-1900 W ¢ _ (919)719 1800 steele.rioole@wseinc.com 3 z (919)467.12-39 U) joshua.reinke@bolton-merlk.com david@mcconnellandassoc.ocm eC w 0 W W v!- >O oo z= rn m ENVIRONMENTAL CONSULTANT SURVEY U Spangler Environmental,Inc. Canoy Surveying 4338 Bland Road 1154 Shonele Ln Raleigh,NC 27609 Stem,NC 27581 (980)308-9668 (934)377-2626 ward@spanglerenvironmental.corn canoysurveying@gmail.com DEVELOPMENT DATA Laanox: sxw,w roxxslP.xi nsN PRELIMINARY _ DO NOT �'�='-'------ USE FOR um ma,A¢ zssi'ss10 CONSTRUCTION RFCwIOFD ACRfA2 PAOPoEw UA vrtwriwRr AENCExRAL N/A ESTYAli01PIli1C 6pAAARD Rx WPR A YNIYUN PACRO�BNIDING SEwAIX9 iPdi YAw: --- t0 YO Yw9: PFAR YARR COFNDT YARR 06 f7 16 FLAN STANS YALNXD HPNr rYPIDALNRAOR FIEVARpI R IRON SRifEr LLYIl wiw PROi05FD iA15 x3 PHASE 1 11 LOTS sAt/;5 vm i+�m arms YrtcvasFD rwLY or s,a: oe7 ww PHASE'.2 14 LOT.i mm vm,n axm mars YNINUN PAdosm Lor wow: la0 Pr PN,46E'.3 18 LOTi --� oarE JE'a=RiPnoN \,1 (O ( CC OC OS PERCExrA¢MISPAC[PRONOD) �.ReSAd� _-- �Y O (1 DE9W DRAYM CHID t&I AdFs FIRE R NFE 54FE1'Y o0a51ClI:6TEPHFN SNITN \ `� — 6CHE uoosR ne¢IO Ami RS Aaas (a19 Alk —��x oT6roWlny__—_— TDiwwAtLEXGMPRDY%DxD 71Y slesmiih®eTangecaunl)ncgav '.eel Numberhezl idle-- Na 1204A4-01-001 y4lGEHa ncox_wccN, =q.o— --_min sm:r -- DAIE April 17,3028 SPEltlm:gIARI.ES S.BLACKWOq) 11ECTRICITY-DNKI:ENFROy =r:_=14_ Know what's below'. c20 bsnl_ gxG15 -- YFIDcx wA Puelx Aow� Pxl t sT-HIl xAs _ _inn WA curoL xc nwuc eow pxl 9&%'-vN2 ASUY - (914);!45-2900 Wa=IFR PRIVATE couw,NY INC Aclua) �__/ Call be'fon;you d'q;. _$�— _= wxAR_ Nlx OPAE PNVAIF Row Pxl SI].BY —_J rsb ackmood0oron5ea,un(Ma9oy SEFATE-ON Lor Iw nOtnl CWRr PRNAIE Row 75.5Y L W-PL16UC SERVICE COMPANY OF NORTH CAROLNA —lal4._ —a'---w AT—n�1 1. dove PYVAw Now _— ------------ u 3�XEw � ..T C1.0 A ------------_— —_— ° EEL—, ,zsaz,z.m-Nm wc,-rep»°.9,m xe—s,s°x i��lgnw—�x�N�y Prgn(a.i -�gh--eW vr6tw,U:r i�DA�u�i—deo—m a W.o—z ux--------------------------------------------------------- -----�--- 4 --------------------- -- ------------------------------\- VICINITY MAP ----�--- - EROSION CONTROL NOTES: �w sim+ei`m°A"�uc�s`"••n Pxwx ma v�ualasnw.os \ ✓ \u\ ,ro:"` �'�(,� ,�, •,\/% SURVEY NOTE _ edrc k %„y"•,5„ntirtsl,� \ E Y I • SE alx raw Ileo mmtt vus.w[o aN a \ F STREAM IETLANONOTE ... \` a o a xcnua runaas w - .... ...... ... .. '•• , nu�xaaoao awaL. '...-_._ sw,.,a<:.a,:o,.wsrzo.x.Pa •._ c'•� = 100-YEAR FLOODPLAIN IS PRESENT ON SITE ��� FEMA PANE 3710974900N. - �\ 0Bz"nlxw -_ =' `�•��i \ ten, I �' `\ Wi - � '�", -v�� � � - + v � �-..+,w rs i f j' )r�°,Uri /� ✓� � �;, - �A �,. �-� � � R@ R � +t I `•/ �\ ` `- �/ �\ \\\+�_ lt+ / /it's � y, vin \\+ 1 r r\\ 1 C \ .,\` - -\�•I` �. + +++ 1+1 1\ '�Yj.� %"r/]✓ rma' a/)"8�y��°�. -' � a /' -1' \ �`�\\I\++i`� 11r i �� 1 `_ __ \\1+ / i •_. � �-'1+1�n1++\\ 1+i i i,1 /rrr i !�?_�:��// ��P /a i—;po ------------ .. 1�iI1\+\ + ,1\11+1 •\. � \` `,_ 1 ,�"� + � �_.+ �-/ _l „�%i11( iirl G.'/ 1/ // _/!� r 1+ /r / �/' ,.r'1' �+I I/ l ,' l rr , r I �V � I - , /i'. r /I i� rl�I - ,+� + ,;��.�� t• =A'— ' .w: �-.� - f r r/ '�'�i �:,ISI` �J .- •. v�Iv1 11`�1�A�r11,1 A1+v1� i r � O ul F a ._�i•�=���� i��� .�A�wli�,��`-/�+Ilr)1;��`a iw+ + i i � ' i � _ v v iSw ����� .�`..,.�.,,,,, vrV1,�i�v i�, u.. z .��� � � `:v�'�,•,'fC���� `11y�vIv i`1A i 11 i r r i,.i � - � exTo-�„ \v vA I.p(i I1.�-- - - V v'� I"•� � W `�� Q,\ v, / / U+�i 1 1 t rvAAvw p it Y r' ` v• ” z ":A� �� �Eo��. �/ �vv �'. p.�vvv\c,`' I 1 1+/ ) /i/� // / i � �_. �_`j.:`::�,.`.:�:���,�-�a'�___ •�+.v+� _ •.`+s O � m /�: „_.- ' , ;�. �• rw �A+'”„ i'���11i�`"i/r/1/ii� I/iil /11 / /�/ _ �`�`: ��r:.` �:,.;`�,Ai�`vI\�Iljlrlrrlr; � ����w X 1�i1+ 1 +'d+��Ai\. r+�rl•r :�J - -- - _=si�� � � `o')l liie�; /��� A s_ w Aj' M V� � /� �,:/il11i.1 "- = /1/r; ',-vv i +v, i ;` �� R �r ,ij /� ,:/r1 �1� 1 + _ - - ,�' `1+/rIf V p� �._ �r, l,li jrr 'e, PRELIMINARY - i f' _, 1 7�'1 PREHMINARY \Av 1 i i'1 .+v.i -�` /) l �_•+ 1 y, r yrs,").T �a 00 NOT CONSTRUCTION zawxc-.a - v nk 111/26 1--IUS \<� Know wharsbell ow. / of c\, "d 4„ Caw /' yv A� �� Call before you d g. \� \` x cq�x� x005/ �/ �)•� /�' D[9cN Hol P aKD rs �a \• \"V„`\`• /% / •`\ �' �Vix GRAPHIC SCALE sCUE U `rao szorzm APr1],20262U2fi op- ;o,, / mux lE N Rczrx-iawb uSx Itwl GM.—oaw IneTa.'�x�m—I � \ "• • ' m—nor—a�------- prl��isaxw Sim xFv�Mu=temnP F•M� '•+liro W ouaLE /s 5 - wa " Yo�wuasse I EXISTING TREE LEGEND i UI,I eTex c PxEIIN { xEx"EE4xs �ueo"E..�," ua�,aEE�x xE�«TEx � i=r � ` 2-NI a� EeTExTxex,.",� — Pfi� ,xEe �q TOTS FSin. o ru,anr.F mg"m ti " hom mer: r 'e , �n E 71 Lu ,, vs U 'Ki _ y - _ .i a o z . - .. �''Ca; d a 3 z 0 1> , o Lu Y sP1Nw xc .n tl, v�1a��r�(Y',CYTS ry1 �L �i--rJ �y� ('�✓ � y - �'9gO1 x� x�� �y PRELIMINARY DO NOT USE FOR OONSTRUCTION f.Zi zox xn nn N lac .�! TU J -__ xmurenoexy coexrc ) �. IN Know what's below. {T y Coll before you dig. r�- �� ULs 1u 1 Wu 2-—0 11 E fFTEIRE1 IZ 2121 \ ys 1 a i 41 " �ooi 6 -- --------- --- W RWM OF WAY NI - s xOs Unun "^° voexAlx a m, Dr FASEuua� 29'rArl1FXE � anon IOU s'soEwAlxj mcx g la Ig' sxouwEw usEUExr i____-_ *w�maY l�I' i ) A U —-- 3:1 AAO.. 0.02 ]:I 0.00 0. _ --- SLOPE(IYPICLL) AxFA uxnnW PAYE Esxax + 50' RIGHT OF WAY ]•s9s a(z ours) 20' ROADWAY SECTION e•ag.c. SECTION VIEW TYPICAL LOT LAYOUT X PEWIAM RICMr OF WAY I/ s ;slWulnm lo' ID' Sx°UDFY I �ta c�mx.,wo zz®.c \', aaa .� wax1,. � 1 .�- �. Y �OA3 0.02 I Rcairrr,� ,•. `90' / �\ ]:,NAMIYUM O.OI O.OB ,In uxww eA9EYFNrgmcx 30' PRIVATE RIGHT OF WAYow Ai "` (m'J sx91 _ g•p,g,C, 20 PRIVATE DRIVEWAY SECTION ' '^ "'jl,dp SECTION VIEW _ nla d —7— j,, `.v��-�� �.•�rw�.�„®� ae - re°,- 2 /�exu� ,;�'���\ \I A� xo x,� �/,mrnn zw xn �\ �. ��,�\ s uz� aa�y�i p�,sp0" ✓.{y � ,`•�'Y �✓` os. _ �_._='�.Px�,xwfl � � m�RA« � rn 14 _ p oe ee rA Rc ry g� R r / \ ------__ —— -_ �9 w ' rw,� 'R(\bj �a�h� �.N rx.� �� /' � //� � y Q 2 r � � ( �� xnRAIRN � EF/] e z _© W OSWv¢W� LEI O �xr,A ��J '++R� �++I ,�EAVIDrtt .+000, \ ""A"F'"`;sTME19 I j x p"°" �/ m" res a wcN mA°E.wEA clues I d '��" m ,. `" 35 ,; - : I I_sco`gOIAAxrY;;o:,W '�ISAPNeARY w & '4 :°E i-szeoxoARY zan s ° 9�����) g69gAC° A, ®NANflpI SURFACE m.5 '' q unrtrY .pawµ%�- � ' %' 0 Wd � Q CONLREiE SURFACE T .1�yPAf ip/RE 'fig mw,4 y GvllFlrr� / ` eeMr� ( ) W �, n' / \\ —0 wi— / / /- xrRx A, \ �. \� "E "� xlw.xx mxL seW9 f/ L PR RARAAluox oPEN PRELIMINARY w SPACE AREA nAg[I �NOT SEcoNOAAOPEN USE FOR _71, enc sE I CONSTRUCTION SwITMHT TRI4NGLE NOTE i - I»< �� nYl ~'`�. /1 \ p*' ,�s i'.- 1 o x°x c21 rEEr Aro Rar .•"v.'i:_ ilH x�.r4T m wE<.Yb11aR�Wx"n<� s\ s ' °LZ. am i r'"`C„Yro—.c.— �" r°ums / PHASE 1 11 LOTS ==IAII �:nsro j Polinea tau ,\\ 'k/ n \ / �______ "E40 / P>orxcns� 0zw0A°Pa x om urmeW�oRunOmnx°M xpro P—D MCN ORAW STOP_\\ WWW,p°WRwrRx9 ® Is.weroeesunw�vnlxcOlAallntrnwAxoaar[awc 220242-DI-Ml wF,xnweueT W,�aO.rRFa lorswmwTm DATE A,K117,2026 ENa Know whatrs below. ,oD so�� W I�W, ,N E ro WnreEW�w Call before you dig. sN Er c�a l_ 1 2- U. I-��aaoz�-u�-ab Exc-R..-�m xcu9�9 E1rT-T-1m.vuam 7 LEGExD FURNISHINGS SCHEDULE - fi pRopE INI s,oa E'ExTL svueoL 1esRIF-lou ory � ,RL RSL Ex�E ,xTFE -N—IILI Rrsc>Rr a T 11F.C, Ex ExL4 x o .NN,R INCITTE 11111 IF . SIFF Tt R HN. — �FF x�E"� EXISTING TREE LEGEND ® pCVLTSaLE i ¢iK _pS © rRA.9FRE�EPfA.LE a o Wx �. i u rm uni ui x i n croRL RUE 9® 1ITFI FILL sTanou I a uo R epEGE9 _ .o,�mnc oz,sF a v �w rxau roar _ T.=.•-.. a EnTERmnu _ �- `\ _ afio eTEE_z axon. _. ma 41 - 17 IIIIIIP rp < srcria' w � - �. © o o F i g Esu x 1 \ 6 ° e.x prrw.sre .rx iT C .y. / 1ILOIF ` CL os _ s TE w a3 o COQ n SPIFE i TIP O n �I �Gxe /s' — �o xL o x - sz � or N IF t / / �G Lf ,1 -1,11RECEPT12.1-11 i FRIIPF -AF 121F '�� 1 ora em. - �i �me=rR< `� � �/% ,�� PRELIMINAFY R E u.s iT a DO NOT { IE111 11. / / USEFOR r \ r �p0GT_.TIP. - — "e �' CONST RUOTION axemv r n \ E °'ze°ri oei eae nEsuu°ti x c°exrc .°�N I ; a°'° Know who-i's below. °°I;�� Loll before you dly. ii PI 'IF �e� �x�x w°�y nnv U—L" c T. Lzos z-D'-No' "; C o -rFre.ee,Iz,ms nx. m ase Ln 8 LEGEND PLANT SCHEDULE uEIT of ois-uaaAN,E ATM°., ---- PROPERtt LINE GYAHD_ CO_E BCTCVI69Ll CDI/NOA Nq�IE a Y % \\\ o S`JT RAILFENCE PFS aLAIIII IH,�NLNNFENGE +; G4R AR aNEaI oNxGaNPEA,, :a � c o o (+ DA EAaTEaNaEDD�D � oNsa o EN e _ , oaE�aLOTaJFFEa DNEaLG ERISIING TREE LEGEND GNESxJ SeunFO CnhNCN ,y DUEacJasw,Aa kAsFj` �v* ETGULI / s° goo A w/ ,NJ�DJALTaEEa NExTFEDwEaEALLF. N FINE oG aE PEIIEI raIlElEA,T1�1'T III rEa Tw nT. II,Y 11FTEITED LIFFIIIt , - �t IF)oP DoT d i E / x a OL 0 T N� ° — � � a Ca � a ,� _ •. � — � � � " /gym' �_>��C�/ � '�r/ �' ' ; � a 1 I — FE LLE eceF 1� ,.,� /ice oj1,11 I ! x�n G� a4R C" O ° Q zI LET � o xuesxu reI� �� p"..AFEA f '" ' O a m o Gj aU DF�FAFD Pu�T N� z L osEATNe LDD w A - I O 01 E90 IF - - I IT RTA1-1 ELL / NL.EICT 'y._� \� saoPOFF. \\ PLNa as �> __ \ a 'rax j� / ELIMINARY o A° of ELOP1 ar—' \ / �,v+g PRX NOT unw L USEFOR � of � r m LHEuoe� N'=° It JAL R GONSTRUOTION IN tee% X °TF +Ea°v:a -�14 Know what's bolow. Call before you dig. 'FINALLY TREE PIC FELL D I EN -A, STOP �N G xNKD �. ml 7 DALEIEPTLE11BEC'z,mu IN, �N° ,° �� - L200 9 PLANT SCHEDULE STREET TREE CALCULATIONS: BUFFER CALCULATIONS'. BUFFER CALCULATIONS: WELDON WAY 30fifi LF'. TYPE'S"SP BUFFER•4]01 LF: REAR LOT LANDSCAPE BUFFER-56,3605R: sv LUC_ CCD, BO AROF ODIRUJN NAM1I-SIZE ''D1 AINEH -LIGFI C 1 PROVIDED I REOUIREOPROVIDEDIREQUIRED'. PROVIDED I RECAHRED. 4714]CANOPY TREES U TREE 155 LFI ❑ BIG 1262 CANOPYTREES(6TREE5110OLF) [:] 56156 CANOPY TREES II TREE 110005F1 -E° 47147 UNOERSTORY TREES(I TREE 165 LF} 47147 EVERGREEN TREE I1 TREE 1100 LE 188118 DB 11 Bs DECIDUOUS ONDERSTORY TREES 14 TREES 1100 LF) } j CAalaa AUEMGAN nOaNBEA1. il.s c>_ aae 1111. 4. RAYMIN DRIVE-624 LF'. 4231123 EVERGREEN UNDERSTORY TREES 19 TREES 1100 LF) INTERIOR SIDE LET LANDSCAPE BUFFER-120,6]0 BE J PROVIDEDIREpNREO'. 2565125655HRUBS(55 SHRUBS 1100 LFI ❑ PROVIDED I REQUIRED'. 12112 CANOPY TREES(I TREE 65E1 1211121 CANOPY TREES 1TREE 1000 SFJ FIT on -c4 Bae 1111 71 12112 UNOERSTORY TREES I TREE 165 LF} 4..^�AT F U CAROLYNCROSSING 123:LF: EGFERGREENJ JNFERSTORYIXG: ��� PROVIDED1REpUIRED'. 'X51 L I .1Em,eNR T, UAR z3 GOL BBB tln11. a, 1g 11g UN0ER5TORY TRTREES EES(ITREE I 111 }65 LFI FF NISEYIXq} aavaao LANU9°tPFaUFFFa-vP. /\/// 1 D U BODHICOURi�996 LF: y _ } 1 UE91N .e GAL. eBe tl1111. 7e PROVIDEOIREOUIREO', SRU.ea11A1 14114 UNOED STORY TREESIF TREE 165 LE _ .7 3 BRAYOEN GROVE 1572 LF'. E 1 1x11 O PROVIDED 1 REOLUR I EVELLS. E x 1x5; 2441244 CANOPY TREES N TREE 165 LF} IDEAL Iv E x.51 IIFFER LANDSCAPE CALCULATION NOTES 244121 ONDERSTORY TREES(I TREE 165 LFI 1. LANDSCAPE CALCULATIONS ARE BAS EO ON THE REQUIREMENTS OF THE ORANGE COUNTY DME�IJ�IATE UDO AND THE APPROVED.CONDITIONAL DISTRICT PLANS. - >.. PINT QUANTITIE$SHOWN ARE INTENDED TO VERIFY COMPLIANCE WITH REQUIRED BUFFER TYPE"E"75'BUFFER210 LF: PLANTINGS,STREET TREE REQUIREMENTS,AND BET`.NEEN LOT PLANTINGS IN ACCORDANCE PROVIDED 1 REQUIRED'. TREE PER 1000 SF OF BJFFER WITH UDO fi.S.fi. ❑ 12112 CANOPY TREES i TREE If00 LF) _ 3. BEDOENLLOT PLANTING OUANTITIES ARE CALCULATED BASED ON NET QUALIFYING PLANTING 212 EVERGREEN TREE(1TREE 1100 LFI AREA AND EXCLUDE EASEMENTS.FRONT YARD AREAS OVERLAP NIITH REAR BUFFER AREAS S I B DECIDUOUS UNDERSTORY TREES 4TREE 1100 LF) ]'INTERIORSIOE LANDSCAPE BUFFER.rvP. - ANO AREAS DESIGNATED TO REMAIN AS PRESERVED EXISTING VEGETATION. 20120 EVERGREEN UNDERSTORY TREES(10 TREE 1100 LFI o u 4. BU FEES PANTINGQUANTITIESIN THE PROVIDECTS DEMO NSTRATECOMPLIANCE LNITH THE 1611161SHRUBS(]]SHRUB51100LF) =i a 6U EAS O ESTABLISHED PRESERVED THE APPROVED CONHEV IONAE DISTRICT PLANS. 5. AREASOF EXIS UNLESSOTVECETATION HAVE BEEN E%CLUDED FROM LANDSCAPE CALC OFTREET RENS E PLACEMENT YB ADJUSTED GLLGi PLANTING IxO SUBsiANOAL B. UTILITIES, RIGHT DISTANCE ANDOT ER SITIN THE FIELD ONSTRAINTS PROVIDED REQUIRED Up-EVE- TORY 1X101 EIGTIN6VEGETATIGNI UTILITIES,61GHT DISTANCE.AND OTHER CONSTRAINTS,PROVIDED REQUIRED EEEEJEFGREEH T QUANTITIES ARE MAINTAINED. O TREE 1x1:. 7. PLANT QUANTITIES BJENTIFIED IN CALCULATION TABLES AND PLANT SCHEDULE SHALL SERVE /` EDE—B5D TORY(X4) AS THEBASI$FOR LANDSCAPE BONDING QUANTITIES. 4 6. CoNTRACTORSHALLVERIFY ALL FIELD CONDITI DNS PRIOR TO INSTALLATION AND NOTIFY THE LANDS CAPE ARCHITECT OF ANY CONFLICTS AFFECTING REQUIRED PLANTING QUANTITIES OR F, LDcnnaNs. �..Y U) LU tk O PLANT MATERIAL NOTES Yz 1. ALL PLANT MATERIAL SHALL MEET OR EXCEEDANSI 260.1 STANDARDS FOR NURSERY STOCK. sHRueTPE i R71 C) 2. MINIMUM PLANT SIZESAT INSTALLATION SHALL BE AS FOLLOWS. ELLIFID T11511 Z . DECIDUOUS CANOPY TREES:2"CALIPER MINIMUM INGAL-111176 BB�ER Q Q Z EVERGREEN CAN CRY TREES.B'HEIGHT MINIM UM LU _ DECIDUOUS UNDERSTORY TREES'.1"CALIPER AND 3HEIGHT MINIMUM J EVERGREEN UNDER STORY TREES.o HEIGHT MINIMUM 7) SHRUBS:15'HEIGHTMWIMUM M P 3 3. PLANT SPECIES SHALL BE SELECTED FROM ORANGE COUNTY S PREFERRED PINT LIST LL WHERE APPLICABLE. 2 Or 4. SUBSTITUTIONa'SHALL NOT BE MADE MITHOUi APPROVAL OF THE LANDSCAPE ARCHITECT. C v Z Q LLIP 11 2 Z Q US U :n 0 Z na! J 7 TEsmnama area8lwmorom PaYw. be�w m M reY&eo-Gou•1 xm eanue W.SAcLT@AF,, POOL Se�ieclvsa°�mdm � �amwre�eB F�gamm•a "gym � AwNn•aw.�� mweexy TPim ® rei�w a�azaw.w*o-.m�mlar� _ _ -- -- - • - PRELIMINARY ma• m:a maPn.w DO NOT masmwme�aa USE FOR R•Perr°°¢ore�°nm•a.m•aeom } CONSTRUCTION IIWTUPE TREE PROTECTbNEONE RROIDB areasmaP B, wnn Tree wu�. �U J 3PmM Pea mow wmdnmpw ores IN-TTL B*vo6Maarrwm `\ .y Nem•Pa4ew uNeMI�O Vd++Ae �•R•���N•.Pm1 Know what's below. I= N� mw.NP N u'n:L�ae.anm:ae o•+Na 6�K Call before you dig. =n-Izz w TREE PROTECTION sxrF Ge�ocew STOP £2D2.2-O'-CO' DATE SEPTEMBER 2,2IJ25 L201 Staff Report Attachment 2 Major Subdivision - Preliminary Plat Basic Information Vicinity Map - PIN 9749422010 l,nee65 lownsnip y �, a� m' V Loweri Haw rEi Creep } • Gane � ' �� ��''ac J cN¢Q l t o* Greek ` Protected 4 � 4 m NDH(�,MINNy �. LL ILI r 20 .sem ti ' 8A"i � Cane Grezk Critical Bin gham;Tovrnship g n Haw River University Lake �tw5 ENE Protected cid' es7Fyr c�uacF 15 w z U � a University a P b ENS R" Lake t tin Critical' a o a K Haw4 ° � Chapel Hill Tawh p X River i cu Gordan PIN:9749422010 t17s _ Protected i a° `Lake P_roteced• Bingham Township !!!' '• .-. �}\ r s M i Townships ._. P Major Streams o -�-�-- -- _— s--- 1 -City Limits water Supply Watersheds Parcel Identification Number (PIN) 9749-42-2010 Parcel Address 3531 NC Highway 54 W, Chapel Hill, NC Applicant Name Forestar Group, Inc. and Address 8041 Arco Corporate Drive, Suite 110, Raleigh NC 27617 Property Owner Name and Address Carolyn Rigsbee (if different from 1922 Orange Chapel-Clover Garden Rd, Chapel Hill, NC 27516 Applicant) Agent(s), if applicable N/A 1 Parcel Size +/- 61.11 acres Adopted Future Land Use Ma with Parcel 974942201a Depicted Future Land Use Rural Community Activity -� Map (FLUM) Node j Designation FLUM Overlay(s) Resource Protection Areas Growth Management Rural Designated System Designation Land focused on designated road intersections which serves as a nodal crossroads for the Definition of FLUM surrounding rural community 974942209 Designation and is an appropriate "IsEr (from Article 10 of location for any of the \ -- UDO) following uses: church, fire station, small post office, school, or other similar Waw River institutional uses and one or more commercial uses. I 5<�ams Interlocal Agreement PC { —Reruurra Pnre0finn Aegis - L M1� Applicable No Putur,Ld are c9°nes N_$ (Y/N) P P-i—,nl R. kura Wnrrnrnily Zoning of PIN 9749422010 Current Zoning R-CD (Residential - District Conditional District) � W Current Use Undeveloped Township Bingham 9749422016 Existing Zoning Overlay Districts N/A I c Waw River Q PIN:974942201E - 99eeRa Watershed District Not in a Protected or Critical 26nin9 R Water Supply Watershed. Ak D R1 CI• _LC1 1 2 Surrounding Land Uses and Zoning Aerial Image with Parcel 9749422010 Outlined North All lots are zoned R-1 (Rural Residential) with • single-family residential uses. , ;. South Lots are zoned AR (Agricultural Residential) with single-family residential uses or n undeveloped land, and NC-2 (Neighborhood Commercial) with a vacant structure. r East Lots are zoned R-1 (Rural Residential) with r single-family residential uses or undeveloped 3 , land, and NC-2 (Neighborhood Commercial) with a HVAC business. West All lots are zoned R-1 (Rural Residential) with 74942201 single-family residential uses. oR Existing Roads North None South NC Highway 54 W East None C3 PIn9,as 12a,o West Six Mile Road Existing Conditions/Physical Features A single-story frame dwelling, as well as its accessories of a concrete pad, pole barn, firepit, and two sheds, currently exists on the property. Should the Major Subdivision receive approval, the property owner will subdivide out a 2.56-acre parcel containing the single-family home and accessory structures. The Development Advisory Committee reviewed the proposed Minor Expedited subdivision to subdivide out the 2.56-acre parcel at their November 21, 2024, meeting and has approved the minor subdivision with comments. The remainder of the parcel is undeveloped. The applicant has provided photos of existing conditions on the site supporting that existing trees are predominantly small hardwoods. No unique or exceptionally large trees have been identified. The parcel also contains streams, floodway, Special Flood Hazard Area (100 Year Floodplain), and 500 Year Floodplain. Public Water and Sewer No public utilities are requested. The applicant proposes service of the site through private septic systems and a community well. 3 Proposed Project Proposed Development The applicant is proposing a Flexible Major Subdivision that reflects the Concept Plan approval with the Zoning Atlas Amendment for this Residential Conditional District: single-family homes on individual lots, featuring no more than 43 lots and no less than 25 acres of dedicated Common Open Space, as reviewed in. The applicant submitted a Preliminary Plat (Attachment 1) with proposed lots adhering to a 20,000 sq. ft. minimum lot size. A summary of the proposal is as follows: Number of Average Lot Area in Common Common Subdivision Type Open Space Lots Size Open Space Percentage Flexible Development 43 0.51 acres +/-35.24 acres in open 57.66% in Plan space open space Open Space The Flexible Development Conservation Cluster option requires a portion of the tract's total land area to be dedicated as protected open space. Common Open Space is divided between Primary and Secondary spaces. Primary Open Space includes the stream and buffer areas, totaling 11.89 acres. 23.35 acres are dedicated to Secondary Open Space. Open space areas include a dog park, bird sanctuary with nesting boxes, decorative well house, a mail kiosk, a community building, and 7,158 linear feet of trails with benches and informational signs. These amenities were included in the Residential Conditional District's approval and have been accounted for with the Preliminary Plat application. Common Open Space will be maintained by the Homeowner's Association. A Declaration of Development Restriction and Requirements, Homeowner's Restriction and Requirements, and Declaration of Covenants were provided with the Preliminary Plat package. Recreational Facilities Recreational facilities payment in lieu fees shall be paid towards Bingham Community Park before Final Plat approval. Phasing The applicant proposes development in three stages. Phase 1 will contain 11 lots, all Common Open Space, well house, mail kiosk, and dog park. Phase 2 and 3 includes 14 lots and 18 lots, respectively, and the remaining bonded amenities as required by the zoning district's Conditions of Approval. Proposed Access and Transportation Network Improvements The applicant proposes the construction of two public roads internal to the project, consisting of 50 ft. rights- of-way and 20 ft. travel ways, to be accepted for maintenance by NCDOT. These roadways will end in cul- de-sacs and feed into three privately maintained roads, consisting of 30 ft. rights-of-way and 20 ft. travel ways, satisfying the condition of a minimum of 18 ft. travel way width. Private roads will be maintained by the HOA. Access to the subdivision will be via a single access to NC Highway 54 W. A total of+/- 4,334 linear feet of roadway will be provided across three phases. Four parking spaces are provided at the mail kiosk and fives spaces are provided at the community building, each with one ADA-accessible space. All parking spaces will comply with UDO Section 6.9.10. An Adequate Access Acknowledgement and Certification was submitted with the Preliminary Plat package to confirm that the proposed access was reviewed and discussed with Orange County Fire Marshal, NCDOT, and Orange County Solid Waste Management. 4 14 As a condition of approval, the applicant proposes to provide a right-hand turn lane (deceleration) and a left- hand turn lane (center lane) into the property entrance on NC Highway 54 W, subject to NCDOT approval. Summary of Transportation Information Existing Roadway Characteristics Affected Roadway NC Highway 54 W Type of Roadway Minor Arterial Current Roadway Capacity 15,100 AADT Latest Traffic Volume 11,550 AADT Traffic Generation Number of Trips Expected to be Generated by Proposed Project 464 trips per day Proposed Utilities JEW The site-specific plan presented during the process for the approved Zoning Atlas Amendment, which the Major Subdivision is bound to, proposes the use of a community well and individual septic systems for each lot. No public utilities are requested. Erosion Control/Stormwater Regulations The applicant has submitted for a Land Disturbing Permit and Stormwater Management Permit. All development will comply with regulations in the UDO pertaining to Stormwater Management (Section 6.14) and Erosion and Sedimentation Control (Section 6.15). The property is located in a portion of the Haw River Watershed that is not designated as a water supply watershed and therefore has no inherent impervious surface limit. Landscape Buffers/Setbacks Landscape buffers and street tree planting requirements are determined at the time of approval for a Residential Conditional District Zoning (Section 6.8.6). As approved in the Conditional District plan set, the Flexible Development plan adheres to a 50 ft. development setback with variable landscape buffer along the perimeter of the subdivision. Property line setbacks for new lots Front 20 ft., Side 10 ft., Rear 15 ft., Corner 20 ft. North Dedicated Common Open Space South 50 ft. development setback, 10 ft. Primary Tree Protection Area, dedicated Common Open Space Variable buffers including Type E 75 ft. buffer, 50 ft. development setback and East voluntary undisturbed buffer, 10 ft. tree protection area, and dedicated Common Open Space Variable buffers including 50 ft. development setback and voluntary West undisturbed buffer, 10 ft. tree protection area, and dedicated Common Open Space Environmental Assessment (EA) An Environmental Assessment is not required as part of a Major Subdivision application. However, an Environmental Assessment was submitted as part of the Residential Conditional District review process in 2025. At that time, the EA and supporting documents were shared with various State agencies via the NC Department of Administration's State Clearinghouse. Planning staff reviewed the materials and agreed with IL 5 10 a determination of"Finding of No Significant Impact (FONSI)" as required in Section 2.25.1(B)(5) of the UDO. Solid Waste The applicant will comply with the Orange County Solid Waste Management Ordinance. The applicant has provided a "Will-Serve" letter from Efland Trash Service for private hauling. Review Milestones Application Submittal Date December 18, 2025 Development Advisory Committee January 22, 2026 DAC Review Neighborhood Information Meeting April 29, 2025 NIM Note: The DAC is a staff/agency committee, established in Section 1.9 of the Unified Development Ordinance. Courtesy Review Jurisdiction Date Sent Comments Received (Y/N) State Clearing House February 17, 2025 Yes Orange Grove Volunteer Fire Department N/A Yes Analysis Staff Analysis As required under UDO Section 2.15.3, the Planning Director shall submit a written analysis of the application and recommendation for the Planning Board and Board of County Commissioners. In analyzing this request, the Planning Director offers the following: 1. The application has been deemed complete in accordance with the requirements of Sections 2.2 and 2.15.3 of the UDO. 2. Staff has determined that the property is of sufficient size to support the proposed subdivision. 3. Staff has determined that the Preliminary Plat should conform with the development standards of Article 6 and the subdivision standards of Article 7 when refined as a Final Plat. 4. Staff supports the approval of the Flexible Development Option contained in Attachment 1. 5. Per Section 2.9.1(F) of the UDO, the approved Conditional Zoning application is subject to mutually agreed upon conditions. The proposed Preliminary Plat demonstrates compliance with the conditions approved by the BOCC on October 7, 2025. 6 16 Approved 6.3.26 1 MEETING MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 MAY 6,2026 4 REGULAR MEETING 5 6 MEMBERS PRESENT: Chris Johnston (Vice-Chair) Hillsborough Township, Statler Gilfillen, Eno Township 7 Representative; Meg Millard, Little River Township Representative;Venkat Yendapalli, Cedar 8 Grove Township Representative;Whitney Watson,At-Large Representative; Charity Kirk,At- 9 Large Representative; Beth Bronson,At-Large Representative;Ana Garcia-Turner, Chapel Hill 10 Township Representative; Othlone McCalla,At-Large Representative. 11 12 MEMBERS ABSENT: Lamar Proctor(Chair) Cheeks Township 13 14 STAFF PRESENT: Cy Stober, Planning & Inspections Director;Taylor Perschau, Current Planning Manager; Perdita 15 Holtz, Deputy Director—Long Range Planning &Administration; Lauren Honeycutt, Planner 11; 16 Jack Moran, Planner 1 17 18 OTHERS PRESENT: Jason Rivenbark, Carol Rigsbee, Laura Haywood 19 20 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 21 22 The meeting began at 7:02 PM 23 24 *********************************** 25 26 AGENDA ITEM 8: ACTION ITEM: MAJOR SUBDIVISION PRELIMINARY PLAT—To review and make a recommendation to 27 the BOCC on a Preliminary Plat application for a Major Subdivision named Rigsbee Estates. The 28 Plat is consistent with the Concept Plan reviewed and approved by the BOCC as the site-specific 29 plan of a Residential Conditional District(R-CD) rezoning application on October 7,2025. The 30 proposal is for a 43-lot subdivision on approximately 61.11 acres with 57.66% (35.24 acres)of 31 dedicated open space. The parcel is located at 3531 NC Highway 54 W in the Bingham 32 Township, PIN9749-42-2010. 33 34 Lauren Honeycut: Hello. Thank you. Good evening. Tonight,we are looking at the major subdivision preliminary 35 plat for Rigsbee Estates. So,this property is located at 3531 NC 54 West in the Bingham 36 Township. It's a little over 61 acres. The current zoning of the property is residential conditional 37 district. This was approved in October of 2025 by the Board of County Commissioners for 38 rezoning to allow for this major subdivision over 21 lots. There are no overlay districts and it is not 39 in water supply watershed surrounding zoning. So,we're Rural Residential to the north. 40 Agricultural residential to the south, and then local commercial and neighborhood commercial to 41 the east. The future land use is a rural community activity node. This is a land use by designated 42 road intersections. It serves as a nodal crossroads for the surrounding rural community, and 43 appropriate uses are low impact, commercial in nature,things like churches,fire stations, post 44 offices. There is no proposed amendment to those future land use. Summary of the proposed 45 major subdivision is, it is following a flexible development model,which designates open space. 46 There are going to be 43 lots as approved in the conditional district rezoning. A condition of that 47 rezoning was that it can have no more than 43 lots, so it is at this. An average lot size is a little 48 over half an acre, also consistent with the approved conditional district rezoning. They are 49 designating greater open space than was originally proposed at the rezoning. They are proposing 50 57.66 percent,which is a little over 35 acres to be held in common, open space. That's across 51 primary and secondary open spaces, so we have about 12 acres in primary and about 23 acres in 52 secondary. Secondary open space is going to be things that are for more recreational activities 53 plus community gathering spaces. This is the preliminary plat as proposed. It designates the 43 54 lots,the common open space, and then also conformance with the conditions of the approved 55 conditional district. So,where we are in the review process is, so we started at that conditional 17 Approved 6.3.26 56 district rezoning that you saw last summer. They had been holding a neighborhood information 57 meeting at that time to go over the concept plan,which is what that conditional district served as it 58 was recommended, and then ultimately approved by board of county commissioners. Their 59 preliminary plot phase was reviewed by our development advisory committee on January 22nd, 60 and following comments and revisions for the plan to meet our standards, it is at planning board 61 before you tonight. Your role is to receive and review the preliminary plat, and make a 62 recommendation to the board of county commissioners. Staff analysis, as we're required. We are 63 preparing and submitting a recommendation on the application to the board for your consideration. 64 In our analysis,we deemed that the preliminary plat was complete with the standards from our 65 ordinance detailing for applications and major subdivisions. The staff determined that the 66 properties of sufficient size to support the proposed subdivision. We have determined that the 67 preliminary plat will conform with all of the development standards held in Article 6 of our 68 ordinance and Article 7. We support the flexible development model designating that greater 69 common open space, and then, also, as a portion of the approved conditional district,we are 70 ensuring that everything on the preliminary plat will conform to the conditions agreed upon that 71 designated them as being able to be rezoned. So,following this,the planning director 72 recommends that the board receive the preliminary plot application and recommend approval of 73 the preliminary plat as submitted. So,with that, I'll being us back to the main body of the review 74 for the preliminary plat. Staff is here if you have any questions as well as the applicant Forestar 75 Group if you have any question. 76 77 Chris Johnston: Great, so. One quick second. So,we have the applicant here. Does the applicant have a 78 presentation or anything along those lines? 79 80 Lauren Honeycut: They do not. So,the presentation element for this is the preliminary plot. 81 82 Chris Johnston: Wonderful. Okay. I just wanted to verify before we jumped into questions. Statler? 83 84 Statler Gilfillen: Just a technical question. I'm looking at the plot. You have said, approximately, 61 acres. 85 According to this, it says 61.11. Right below that, it then refers to the recorded acres as 63.99. 86 Can you explain the difference between those two? 87 88 Lauren Honeycut: Yup. So, if you look in kind of the, like, northwest corner there, you can see it is not part of the 89 conditional district rezoning,and it is not part of this application. It's actually the existing home 90 place of the property owner that will be subdivided off should the subdivision receive approval. 91 This subdivision is through an expedited process which is just a staff-reviewed process,and it was 92 already reviewed and approved with comments by staff, but they have not recorded it yet. So,this 93 reflects the future acreage,the acreage that's proposed for the project. 94 95 Statler Gilfillen: Thank you. 96 97 Chris Johnston: All right. Okay. All right. So,we have no additional questions for the applicant at this time. We 98 have no additional questions for the staff at this time. Is that it? 99 100 Venkat Yendapalli: Is this the same plat we looked at that we spoke in detail with applicant and the team last year? 101 102 Lauren Honeycut: It's very similar,so it needs still be rough conditional district that was proposed, so a number of 103 lots, at least,the designated amount of common open space and amenities. They did rework 104 some lot shapes and ended up designating more common open space. So,there are slight 105 changes as they've gone through a more technical process, but, on the whole, it meets what you 106 reviewed last year. 107 108 Chris Johnston: Perfect. Good question. Any follow-up questions? Just for my own personal clarity, and I'm 109 always a little hazy on this. The percentage of open common area spaces does not include the 110 buffers or any of the items that they aren't allowed to build in by, right? Is that accurate? 18 Approved 6.3.26 111 112 Lauren Honeycut: So, primary open space includes those. 113 114 Chris Johnston: Primary open space. 115 116 Lauren Honeycut: Yup. So, those are areas that are protected. They're required to be designated as primary open 117 space,so when the applicant is going through the process to decide what spaces should be 118 designated as open space. Our ordinance speaks to that the first spaces chosen towards that 119 should be environmentally sensitive features like floodplain and stream buffers. 120 121 Chris Johnston: Okay. Thank you. Okay, if we don't have any additional questions or concerns, I think at this 122 point I'm entertaining a motion. 123 124 Charity Kirk: Is there public comment on this one? 125 126 Chris Johnson: Oh, that's right,do we have a written comment on this item? Sir, did you just sign up for public 127 comment? No,okay, so we do not have any public comments. Thank you for the clarity. You 128 were ready to hit the button,weren't you? 129 130 Statler Gilfillen: Do you want a motion to approve? 131 132 Chris Johnson: Well, that's the question. 133 134 Statler Gilfillen: I believe, based on what the county,the officials have already said and presented in this and what 135 I've read, I see no reason not to put a motion to approve. 136 137 Chris Johnson: Okay, so we have a motion to approve as presented. Do I have a second? 138 139 Venkat Yendapalli: I'll second it. 140 141 Chris Johnson: Okay any seconds. All those in favor? All those opposed? 142 143 MOTION BY Statler Gilfillen to approve. Seconded by Venkat Yendapalli. 144 145 MOTION PASSED UNANIMOUSLY 146 147 *********************************** 19 Attachment 4 Resolution #: RES-2026-046 RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date: July 9, 2026 Name of Subdivision: Rigsbee Estates Owner: Carolyn Rigsbee 1922 Orange Chapel-Clover Garden Rd Chapel Hill, NC 27516 Applicant: Forestar Group, Inc. 8041 Arco Corporate Drive Suite 110 Raleigh, NC 27617 The Board of County Commissioners hereby approves the Rigsbee Estates Preliminary Subdivision Plat, containing the following: • 43 lots for single-family residential development with an approximate density of one (1) dwelling unit per every 1.42 acres of land area; • Two paved public roadways, tentatively named "Weldon Way" and "Carolyn Crossing" constructed to North Carolina Department of Transportation (NCDOT) public road standards, and three private roadways, tentatively named "Kaymin Drive," "Bodhi Court," and "Brayden Grove" constructed to Orange County Unified Development Ordinance (UDO) private road standards; and • The preservation of 35.34 acres of Primary and Secondary Common Open Space, as denoted on the Preliminary Plat. Per the Orange County UDO, the applicant shall construct, maintain and/or improve all Common Open Space areas until such time as it is accepted for ownership and maintenance by a recorded Homeowner's Association (HOA). Before a Final Plat of part or all of the lots in Rigsbee Estates can be approved by the Planning Department and recorded within the Orange County Register of Deeds office the following conditions shall be addressed: A. Declaration of Restrictions 1. The owner/applicant shall author a Declaration of Restrictions (hereafter `the document') establishing and describing the various development restrictions, standards, conditions, and requirements associated with development of, and within, the project. The document shall be recorded concurrently with the Final Plat and approved, as to form and content, by Orange County. 20 2. The document is not intended to serve, supplant, or take the place of any document recorded by the applicant establishing local homeowner covenants, or deed restrictions enforced by either the applicant or an established homeowners association. B. Environmental Health Compliance 1. Each residential lot shall comply with wastewater and water design and performance standards, as reviewed and permitted by the Orange County Division of Environmental Health. The well and septic system locations may restrict the size and location of construction on the lots. Each lot that does not contain a suitable building site shall be designated both on the Final Plat and by instrument recorded in the Orange County Register of Deeds as restricted for development potential. 2. The owner/applicant shall not destroy trees located within designated landscape buffers denoted on the Final Plat for the installation of on-site wastewater disposal system drain or repair fields. 3. The Owners shall include in the restrictive covenants provisions requiring each lot owner to have the septic system serving their lot inspected by a licensee of the North Carolina On-Site Wastewater Contractors and Inspectors Certification Board, who is properly registered to perform such inspections within Orange County, no less than one (1) time in every five (5) year period (unless inspections are required more often by rule or regulation of the Orange County Health Department) and to have the system pumped if recommended by the inspector. Payment for the inspections required under this condition shall be the responsibility of the individual lot owner or the homeowner's association as established by the governing Homeowner's Association declaration. These provisions shall be in a form approved by the County Attorney. D. Roads and Access 1. All public roads shall be constructed to the standards of the NCDOT in accordance with the approved Preliminary Plat. Construction shall be inspected and approved by NCDOT. All private roads shall be constructed to the standards of the LIDO in accordance with the approved Preliminary Plat. Construction shall be inspected and certified by a licensed engineer. Any posted financial guarantee(s) for road construction will not be released until the roads are inspected and approved by NCDOT and Orange County, as appropriate. 2. Prior to any construction or alteration of any existing access within the right-of-way of NC Highway 54 W, the owner/applicant shall secure a driveway permit from the NCDOT District Office and submit a copy of the NCDOT-approved permit and NCDOT approval letter to the Planning Department. 21 G. Landscaping 1. The landscape buffers identified on the approved Preliminary Plat, shall be maintained and/or preserved in perpetuity in accordance with the provisions of Section 6.8 of the LIDO. The document, as well as any local covenants, shall require the applicant or future homeowners association to preserve the required landscape buffer as a commonly-held amenity of the subdivision. 2. Provision for protection of existing trees shall be included in the Final Plat, the recorded Declaration of Restrictions, and identified on all construction drawings. H. Parkland 1. At the time of recordation of the Final Plat, the applicant shall pay to Orange County $18,146.00 ($422.00 per 43 lots) payment-in-lieu-of- parkland dedication fee, as required by the LIDO. I. Construction Authorization 1. No construction or other land disturbance activities shall occur to realize this subdivision without first procuring permission from the appropriate local, state, and federal permitting authorities. NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that the Preliminary Plat for Rigsbee Estates is approved in accordance with the above mentioned conditions and attached Preliminary Plat. Upon motion of Commissioner , seconded by Commissioner , the foregoing resolution was adopted this the day of , 2026. I, Laura Jensen, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2026 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this day of ) 2026. Clerk to the Board of Commissioners