Subject: URGENT: Request for Action on Durham Case Z2500021A (Kerley Gardens) | Vote: Feb 2
Kathryn Olive
Dear Mr. Roberts,
I am an Orange County resident writing with an urgent request for action on Durham Case Z2500021A (Kerley Gardens), currently scheduled for a final vote by the Durham City Council on February 2, 2026. With less than two weeks remaining, Orange County intervention is needed now if the Joint Planning Agreement (JPA) and Rural Buffer protections are to be meaningfully applied.
The Jurisdictional "Magic Act"
The Kerley Gardens file reveals a jurisdictional magic act where a planned 48-unit expansion into Orange County is made to "disappear" from the public records in the both counties. FOIA Documents I have obtained show that the developer originally included a written concept to “expand Kerley Gardens… with an additional 48 units” on an Orange County rural buffer parcel. However, that expansion has been removed from the current submittals while annexation and a 6-inch, distribution-scale water main to the county line to support it is fast-tracked.
The existing 36 units are currently served by a private well and Durham sewer. While a modest water connection would address water supply issues, the proposed 6-inch main creates urban-scale capacity at the Rural Buffer edge that is physically consistent with the previously disclosed apartment project, regardless of its current "invisibility" in the application.
The Pattern of "Coaching"
Internal communications between the developer, Orange County and Durham City planning staff show off the record support and coordination on how to move forward first with a “clean” annexation and water extension through the City of Durham to avoid the “delicate” JPA process. This effectively coaches a piecemeal strategy that keeps the larger project off the public record until after the key utility and annexation decisions are finalized.
Protecting the Integrity of the JPA
This situation is less about individual intent and more about protecting the integrity of a regional agreement that Orange County has long relied upon to prevent incremental urbanization of the Rural Buffer by utility extension. If the County does not respond before the February 2 vote, this 6-inch main will become an unreviewed physical foundation for future expansion into the Rural Buffer.
Action: Please (1) formally ask the City of Durham to postpone the February 2 vote on Z2500021A, and (2) direct Orange County staff to complete an expedited JPA consistency review of the proposed annexation and 6‑inch water main at Kerley Gardens.
More detailed evidence and exhibits are attached for your information and the administrative record. Please respond to confirm you have received this request for consideration.
Respectfully,
Kathryn Olive
5821 Mount Sinai Road
Durham NC 27705
John Roberts
Thank you for the email, Ms. Olive.
I understand this issue is concerning for you. Unfortunately, I do not have any authority to take action with regard to this situation. The two reasons I cannot take any action on this matter are 1) This issue is a Durham city zoning issue and Orange County has no lawful authority to intervene. 2) As Orange County’s attorney I can only act on behalf of and at the direction of the County. I am prohibited from doing otherwise.
I realize this is not the answer you hoped for. I recommend you consult private counsel to assist you with determining what options you may have under Durham’s land use ordinances.
From: Kathryn Olive <kathry...@gmail.com>
Sent: Wednesday, January 21, 2026 9:32 PM
To: John Roberts <joro...@orangecountync.gov>
Cc: Travis Myren <tmy...@orangecountync.gov>; ALL_BOCC_MANAGER_CLERK <OCB...@orangecountync.gov>
Subject: Subject: URGENT: Request for Action on Durham Case Z2500021A (Kerley Gardens) | Vote: Feb 2
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Kathryn Olive
Thank you for the email, Ms. Olive.
I understand this issue is concerning for you. Unfortunately, I do not have any authority to take action with regard to this situation. The two reasons I cannot take any action on this matter are 1) This issue is a Durham city zoning issue and Orange County has no lawful authority to intervene. 2) As Orange County’s attorney I can only act on behalf of and at the direction of the County. I am prohibited from doing otherwise.
I realize this is not the answer you hoped for. I recommend you consult private counsel to assist you with determining what options you may have under Durham’s land use ordinances.
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John Roberts
Yes. Thank you.
It's noted and has been discussed with Planning Department staff. According to the Orange County Planning Director, “the Durham agenda packet materials make it clear that the action on the agenda is only for the property in Durham County. No other actions are being considered at this time.”