Title
Vote to approve a request by Nicolas P. Robinson, Attorney on behalf of The Conservancy Real Estate Group, LLC for a revision to the Development Schedule for Phase 1 of The Conservancy at Jordan Lake to reduce the number of lots from 322 lots to 163 lots and the reference to specific numbers of lots per phase to be deleted, located off Old US Hwy1, parcel #5233, 5504,5519, 5775, 5780, 65275, 68379, 85342, 85343, 85344, 85346, 5551, 85347, 85341, 85339, 85340, 5774, 62390, 5211, 60441, 65274, 69379, 5559, 5502, 5569, 5570, 5558, 5238, 5545
Abstract
Introduction & Background:
Zoning District: R-1
Water System: Public Water
Sewer System: Private Wastewater Treatment Plant
Watershed District: WS-IV Protected Area and Jordan Lake watershed/riparian buffers
Road type: Public and Private
Within the 100-year flood plain: Special Flood Hazard Area is located within a portion of the development adjacent to Shaddox Creek
This subdivision is reviewed under the current Subdivision Regulations. The subdivision process is a four (4) step process: Concept Plan, First Plat, Construction Plan, and Final Plat. The Conservancy at Jordan Lake received First Plat approval on March 21, 2022. Section 5.2 C (6) “Approval of a First Plat shall be valid for a period of twelve (12) months following the date of approval by the Board of Commissioner. Approval shall remain valid provided the Construction Plan application is submitted during the time period. A one-year extension may be granted if the application demonstrates that delays beyond their control are responsible for the lapse and have the extension submitted and reviewed following the process outlined in Section 5.2(D) (4) prior to the expiration of approval.” “The first phase of phased subdivision must submit Construction Plans within three (3) years of approval of First Plat.”
The first plat approval for 322 lots will expire on March 21, 2025, unless the Board of Commissioners approves an extension request. If the first plat expires, any future development of the property will be reviewed and approved under the current Subdivision Regulation.
Discussion & Analysis:
The request was originally submitted for a 12-month extension, but the applicant revised it as an amendment to the development schedule. The request before the Board is for a revision of the development schedule for Phase 1. The request is for the number of lots in Phase 1 to be reduced from 322 lots to 163 lots and the reference to specific numbers of lots per phase to be eliminated.
The Board of Commissioners approved the First Plat for Conservancy at Jordan Lake on March 21, 2022. The approved development schedule submitted by the applicant is as follow:
Construction Plan for Phase 1: 322 lots submitted within 2 years from First Plat approval. (November 20, 2023, Subdivision Regulation was amended to increase time from 2 years to 3 years).
Phase 1: Final Plat of 322 lots by 12/31/2027
Phase 2: Final Plat of 348 lots by 12/31/2030
Phase 3: Final Plat of 437 lots by 12/31/2032
Phase 4: Final Plat of 414 lots by 12/31/2035
The applicant is requesting to decrease 322 lots for Construction Plan of Phase 1 to 163 lots. The applicant has received approval of 163 lots during a Technical Review Committee meeting held on December 18, 2024. The applicant is proposing to amend the development schedule to eliminate the number of proposed lots. The applicant’s proposed development schedule follows:
Phase 1: Final Plat by December 31, 2027
Phase 2: Final Plat by December 31, 2030
Phase 3: Final Plat by December 31, 2032
Phase 4: Final Plat by December 31, 2035
Per the letter dated December 13, 2024, it states “At the time of approval of the development schedule, the actual number of lots that would fall into the first please was difficult if not impossible to predict. Predicting the number of lots in each final plat phase is also virtually impossible this far in advance. The objective of the development schedule is to make sure that the development is moving forward at a diligent pace.”
Additional information has been provided and an exhibit of permits that have been obtained and an overall layout exhibit.
Planning Board Discussion:
The Planning Board met January 7, 2025. Mr. Adam Cook resides on Rush Road and spoke during the public hearing. Mr. Cook stated, Rush Road is 1.5 miles and is a single graveled lane that has been maintained by two households since 2011. Normal passenger car travel results in thousands of dollars and many hours of annual repair and maintenance cost. The Conservancy at Jordan Lake developers began logging operations off Rush Road and expected the loggers to show the same respect that previous logging companies had shown. The previous loggers only used half of the road and replaced the gravel after completing the harvest. The logging company used by Brad Zadell, Developer, did not restore the road and used the entire length of the road. The 1.5-mile road was damaged by heavy haulers and equipment. Time and time again after calls, emails, and attending community meetings Mr. Mark Ashness, Mr. Nick Robinson, and Mr. Brad Zadell have not responded.
Mr. Brad Ring resides on New Elam Church Road stated, in the beginning the developer tried to put a road through his property and was trespassing. Then later built an unpermitted pond on the property adjacent to his property. Mr. Ring asked that the Boards be on top of the development phases and to the developer he stated, we are easy-going people and if you treat us all with a little decency and respect things will go much easier for all of us throughout this whole process. Mr. Ring said, stay off my property and you will not hear anything from me.
Mr. Nick Robinson, Mr. Mark Ashness, and Mr. Kyler Zadell were present. Mr. Robinson stated they are not seeking any kind of extension with the overall schedule. We are only seeking the numbers of lots for which a construction plan application is due in Phase 1 and then removing the number of lots from the following phases. The overall schedule stays the same and the total number of lots for the project stays the same. This is not a situation where the developer received the approval and then sat around and ran out of time, this is a developer who has been working frantically the whole time. Mr. Robinson said the subdivision ordinance does not require a particular number of lots to be in any phase. The subdivision regulations state in section 5.2.C.6., the only requirement in the development schedule is that the development continues accordingly to the overall phasing and times schedule established when the First Plat is approved. By the time we are at the end of Phase 4, ten years from now, we will be in compliance with the overall phasing and timing of this project.
Mr. Mark Ashness of the CE Group stated, this subdivision is really like a small city, it is half the size of Briar Chapel and there are just a lot of things we need to do before we can even get things moving on the project site. Lennar will be the builder of these homes, and we are currently working with them on the amenity’s layout. They will build models initially; it will take a year and a half just to build the infrastructure before the models can be built. This project has received the state water permit and the state sewer permit, and we are in the final comments with the county for stormwater control for Phase 1C, but the reality is there are an ample number of lots to start the project with what we already have the construction plans for. Mr. Ashness stated there is a 50’ perimeter buffer around the project and 63% of open space, which is above and beyond the 50% open space the regulations require, so we are not trying to get by with the minimum requirements on this project.
The Board discussed the following:
• Who provides the development schedule? Staff explained the developer set the development schedule.
• The final sunset date of December 31, 2035, is not changing, the developer is asking to eliminate the number of lots for each phase and to allow the approved 163 lots to suffice for Phase 1. Per the approved development schedule, 322 lots were to be submitted for Construction Plan by March 21, 2025. One hundred sixty-three lots were approved during Construction Plan TRC meeting on December 15, 2024.
• This project was approved prior to the conservation subdivision amendment in January 2022.
• Farming and timbering location.
• Maintenance of Rush Road.
• The project has benefited from the one-year extension with the amendment to the subdivision regulations in November 2023 and the project could come back to request for a one-year extension.
If there are no lots included per phase, how can the county be assured the development will proceed in a consistent manner.
How does this relate to the Comprehensive Plan: N/A
Budgetary Impact: N/A
Recommendation/Motion:
The Planning Department does not make a recommendation on extension requests as this is a policy decision for the Board of County Commissioners. The Planning Board by a vote of 5-1 recommend granting the request to modify the development schedule.