Re: Rezoning hearing for Forestar Real Estate Group's proposed development of the 61-acre Rigsbee property at 3531 NC Hwy. 54 West

[Jamezetta Bedford]

Hi Tony,

I just finished reading that agenda item.  I don't think this is a spot zoning but appreciate your general questions. The planning board did an admirable job of asking questions on these very topics, imo. Now the BOCC will hold the public hearing and then ask questions and discuss - Tuesday night at Whitted.  

Thanks,

Jamezetta

---

From: tony...@nc.rr.com <tony...@nc.rr.com>
Sent: Sunday, October 5, 2025 9:10 PM
To: ALL_BOCC_MANAGER_CLERK <OCB...@orangecountync.gov>
Subject: Rezoning hearing for Forestar Real Estate Group's proposed development of the 61-acre Rigsbee property at 3531 NC Hwy. 54 West

 

CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Phish Alert Button located on your Outlook menu bar on the Home tab.

Hi again Commissioners,

 

My concern with this request by Forestar is that it is yet another attempt at “spot zoning” (see Dollar General etc)

 

Even though spot zoning legal in NC, spot zoning feels unfair and it causes damage to the community:

1. Opens the county to legal challenges. Courts don’t like zoning changes that look arbitrary or overly favorable to a private interest and if challenged, the precedent is that courts give spot zoning additional scrutiny.
2. People lose trust in the process and leadership. Neighborhoods feel blindsided and future projects then face more local resistance

 

My first question is; how does this request fit the big picture: How does it relate to the comprehensive plan? How does it fit into the county housing strategy? Does it mesh with other infrastructure like transit goals? Traffic on 54 is asymmetrical east bound in the morning, west bound in the evening this is going to add more commuter traffic to an already dangerous intersection at 54 and White Cross Road, I invite commissioners to examine the traffic for themselves in person.

 

My second question is; this sort of request used to be nipped in the bud at the planning advisory board. Spot zoning was generally frowned upon. Why isn’t the county managing expectations such as this within the context of the comprehensive plan? What has changed?

 

Sincerely,

-Tony Blake

[Jamezetta Bedford]

The planning board minutes show that without rezoning about 50 homes could be built, though four lots may not perk have already been identified. 

The BOCC will discuss consistency or nonconsistency with the comprehensive plan and the public benefits. 

Jamezetta

---

From: tony...@nc.rr.com <tony...@nc.rr.com>
Sent: Monday, October 6, 2025 10:01 AM
To: Jamezetta Bedford <jbed...@orangecountync.gov>; ALL_BOCC_MANAGER_CLERK <OCB...@orangecountync.gov>
Subject: RE: Rezoning hearing for Forestar Real Estate Group's proposed development of the 61-acre Rigsbee property at 3531 NC Hwy. 54 West

 

CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Phish Alert Button located on your Outlook menu bar on the Home tab.

Jamesetta,

 

Thanks for your reply. Respectfully I disagree.

 

At its core, spot zoning is when one plot of land gets special treatment. In this case without a zoning change, Forestar can build ~20 homes.

 

The zoning change allows Forestar to approximately double the number of homes. This change has a specific benefit to Forestar and is a detriment to the community in terms of traffic, noise and the further compromise of Collins Creek.

 

The size of the plot has no bearing on the definition of spot zoning. This rezoning is inconsistent with the comprehensive/land use plan.

 

This rezoning effort treats a parcel differently than everything around it, and benefits a specific property owner, not the public as a whole.

 

Why do you think this is not spot zoning?

 

-Tony