Chatham County, NC - File #: 25-0500

• File #: 25-0500
• Version: 1
• Type: Resolution
• Status: Board Priorities
• File created: 9/19/2025
• In control: Planning
• On agenda: 10/20/2025
• Title: Vote to adopt a Resolution and approve an Ordinance for a Conditional District rezoning from Residential R-1 to CD-IL (CD-Light Industrial) for a major utility, Wastewater Treatment Plant, to be located within the Conservancy at Jordan Lake subdivision, Parcel 97325, being approximately 21.417 acres, Cape Fear Township
• Indexes: Comp Plan Goal 3: Promote a compact growth pattern by developing in and near existing towns, communities, and in designated, well planned, walkable, mixed use centers., Comp Plan Goal 4: Diversify the tax base and generate more high-quality, in-county jobs to reduce dependence on residential property taxes, create economic opportunity and reduce out-commuting.
• Related files: 25-0385

Title

Vote to adopt a Resolution and approve an Ordinance for a Conditional District rezoning from Residential R-1 to CD-IL (CD-Light Industrial) for a major utility, Wastewater Treatment Plant, to be located within the Conservancy at Jordan Lake subdivision, Parcel 97325, being approximately 21.417 acres, Cape Fear Township

Abstract

Introduction & Background:

A public hearing was held on August 18, 2025. Planning staff presented the request and Nick Robinson, attorney, provided a presentation. Mark Ashness, CE Group, also presented information and was available for questions.

There were two citizens, Brad Ring and Peyton Holland, who addressed the Board in opposition of the proposed change from a private wastewater treatment plant (WWTP) to a regional WWTP to serve parcels outside of the approved development. Mr. Robinson stated that parcels outside of the development are owned by the same applicant. They are 5263 (57 ac), 5565 (5.427 ac), 5566 (4.46 ac), 5547 (81.44 ac), and 5545 (residual acres not known at this time but to be subdivided from the development).

The WWTP has a permitted capacity of 360,000 gallons per day (gpd) with approximately 240,000 gpd allocated for the Conservancy at Jordan Lake conservation subdivision (1,524 lots). That would leave 120,000 gpd with approximately 80% of that available for adjacent use.

Below is the map provided by the applicant for the adjacent parcels that they think could benefit from a regional WWTP

The Conservancy at Jordan Lake has been approved as a conservation subdivision. A private WWTP is already under construction to serve the development.

Below is the aerial with the subdivision layer for the entire development

Discussion & Analysis:

When determining whether a rezoning request should be approved under Section 5 Conditional Zoning Districts, the following findings must be supported.

1.                     The alleged error in the Ordinance, if any, that would be remedied by the proposed amendment with a detailed explanation of such error in the Ordinance and detailed reasons how the proposed amendment will correct the same. No errors are being made.

2.                     The changed or changing conditions, if any, of the area or in the County generally, which make the proposed amendment reasonably necessary to the promotion of public health, safety, and general welfare. The applicant states that due to efficiency, monthly service fees, and local demand, the WWTP can serve properties outside the development which is beneficial to the development and the surrounding properties. It also reduces the need for individual septic systems. There are no other permitted WWTPs in the surrounding area and several properties in the vicinity are zoned for industrial use. The facility would be located inside the approved development, so no other improvements would be required. There would be employment opportunities for supervision and maintenance of the facility.

3.                     The manner in which the proposed amendment will carry out the intent and purpose of any adopted plans or part thereof. This area is located within the location for industrial and commercial uses.

Below is the Commercial Suitability map of the land use plan

Below is the land use map showing the properties within the Agricultural node but adjacent to an Employment Center node

Below is the map from Plan Moncure showing the properties within the Neighborhood Residential and Rural nodes

•                     Chapter Two - Issues and Opportunities, supports a diversified tax base by increasing commercial tax revenue. Notes the area is suitable for light industrial and commercial development

•                     Chapter Three - Goals and Objectives, the goal to promote compact growth lessens the infrastructure burden and long-term cost of providing services. The WWTP would allow for wastewater services to outside parcels.

•                     Chapter Four - Economic Development, the allowance of the WWTP by allowing it to serve areas outside of the development, would aid in the reduction of dependence on residential property for the tax base, creates economic opportunities, and reduces out-commuting.

4.                     The requested amendment is either essential or desirable for the public convenience or welfare. No additional traffic will be generated and the facility is internal to the development therefore cannot be seen from the public roadway or adjacent properties. There are conservation areas and buffers in place that cannot be disturbed and the applicant thinks there will be no impact to surrounding property values.

5.                     All other circumstances, factors, and reasons which the applicant offers in support of the proposed amendment. The applicant states that Tri River has confirmed adequate water capacity to serve the plant for the development. The facility will be accessed by the roads within the development.

All stormwater will meet the county Stormwater Ordinance requirements and the property is located within the WS-IV Protected Area watershed district and is not within the Jordan Lake Buffer rule area. The built upon area is limited to 36% without curb and gutter and 24% with curb and gutter.

Prior to the public hearing, planning staff submitted a list of questions to the applicant and they are listed below with the responses:

•                     What is the permitted capacity of the currently approved WWTP? The permitted capacity of the WWTP is 360,000 GPD in (3) Phases of 120,000 GPD each

•                     How much of the currently permitted capacity is being constructed? The initial 120,000 GPD is under construction

•                     Will the Conservancy at Jordan Lake use all of the capacity that is currently permitted? No, At full build out we project The Conservancy project to require +/- 230,000 GPD of wastewater

•                     What is the proposed service area for the WWTP if the rezoning is approved? Some additional parcels owned by the development group at the entrance to The Conservancy and a couple of other parcels also owned by the development group immediately adjacent to The Conservancy.

o                     Is there a regulatory service area regulated through any state agency? These additional parcels would be included in the Conservancy Wastewater Service Area and approved by the State Utilities Commission

•                     What is the proposed capacity of a regional WWTP at full build out? 360,000 GPD

•                     Where are the proposed sewer lines and force mains outside of the footprint of the Conservancy? There are none at this time. Lines would be extended from The Conservancy

•                     Do private wastewater providers have the authority to use imminent domain to acquire right-of-way or easements for wastewater lines? No

•                     Has Tri-River been contacted about owning or operating the WWTP? Yes Tri-River was contacted a while back about serving the site via a lift station and FM. No interest at that time.

•                     Will Tri-River provide water service to projects using the WWTP if they don’t own or operate the plant? Yes

Tri-River Water is a regional water and wastewater provider in Lee and Chatham Counties that is part of the City of Sanford. The City of Sanford took ownership of Chatham County’s water system and limited sewer system on July 1, 2025. This entity now supplies water within the area where the Conservancy WWTP is located and also supplies sewer service to the Triangle Innovation Point mega site which is located within the Plan Moncure area.

During the public hearing the two speakers expressed disappointment with the notification process since the applicant was the only entity that received a letter about the meeting, concerns about the expansion of the service area for the plant, and a perception that the conservation subdivision process was being exploited.

The applicant’s representatives commented that they owned several parcels adjacent to the Conservancy at Jordan Lake which could be served by the WWTP. There were questions raised about the potential service area and spray irrigation. It was noted that the Board of Commissioners control the location of the WWTP through the zoning process, but the future capacity, service areas, and rates are regulated at the state level by the NC Department of Environmental Quality and NC Utilities Commission. Additionally, if the board approves the rezoning there is no additional zoning process required if there is a desire to expand the plant’s capacity or service area. There was also discussion about the spray irrigation area. Staff commented that spray irrigation of tertiary treated wastewater is allowed by right in any zoning district, so it could be expanded beyond the footprint of the Conservancy at Jordan Lake.

The Planning Board reviewed this request during their September 2, 2025 meeting. Nick Robinson, attorney representing the applicant, Clay Matthews, and Joe Faulkner were available for questions and to present. One resident addressed the Board, Mr. Brad Ring. Mr. Ring’s concerns/issues were/are:

•                     The spray fields are a necessary part of the operation of a WWTP and therefore, property owners adjacent to those spray fields should have been included in the adjacent landowner notifications that went out about the community meeting. A few of the Board members expressed their agreement.

•                     He believes, based on his own expertise in the field of wastewater treatment and management, the system is undersized for supporting the subdivision especially if they want to add outside users to the system. He believes the system will fail.

Planning Board members had the following questions/concerns:

•                     The potential for capacity is based on the numbers the engineer provided. Based on the numbers, these homes would theoretically be two-bedrooms single family dwellings. The engineer stated they expect to gain some flow reduction that would open capacity to serve the homes as well as have additional capacity to supply properties outside the footprint of the Conservancy at Jordan Lake.

•                     If more spray area is needed, should out parcels be allowed to connect.

•                     Concerns about system failures within five years and who would be the operator for the facility. The engineer and attorney stated it would be permitted by the NC Public Utilities Commission and a company like Aqua NC would become the operator of the system.

•                     Concerns about odor from the system.

•                     Concern about failures that have occurred at similar type plants in the county.

The Planning Board also discussed that having a wastewater treatment plant to serve additional residences and potentially non-residential, commercial uses is better than having individual septic systems and/or additional wastewater treatment plants serving them.

How does this relate to the Comprehensive Plan:

•                     Chapter Two - Issues and Opportunities, supports a diversified tax base by increasing commercial tax revenue. Notes the area is suitable for light industrial and commercial development

•                     Chapter Three - Goals and Objectives, the goal to promote compact growth lessens the infrastructure burden and long-term cost of providing services. The WWTP would allow for wastewater services to outside parcels.

Budgetary Impact: N/A

Recommendation/Motion: The Planning Board voted 8-2 to recommend adoption of an Ordinance for a Conditional District rezoning from Residential R-1 to CD-IL (CD-Light Industrial) for a major utility, Wastewater Treatment Plant, to be located within the Conservancy at Jordan Lake subdivision, Parcel 97325, being approximately 21.417 acres the request to the Board of Commissioners with the following conditions:

Site Specific Conditions

1.                     Before any extension of wastewater lines to any adjacent property, any required rezonings, permitting, etc. must be approved prior to any land disturbing activities.

2.                     The county shall be notified of any change of ownership of the WWTP with verification the system is operating properly.

Standard Site Conditions

3.                     The application, standards and adopted regulations of the applicable ordinances and policies, and the approved recommendations as provided for and/or conditioned, are considered to be the standards set forth and shall comply as stated. Changes to or variations to any requirements of this permit must be approved through the Planning Department or other approving board before any such changes can take place.

4.                     All required local, state, or federal permits (i.e. NCDOT commercial driveway permits, NCDWQ, Chatham County Land and Water Resources, and Environmental Health Division, etc.) shall be obtained, if required, and copies submitted to the Planning Department as part of the plating process.

Standard Administrative Conditions:

5.                     Fees - Applicant and/or landowner shall pay to the County all required fees and charges attributable to the development of its project in a timely manner, including, but not limited to, utility, subdivision, zoning, and building inspections.

6.                     Continued Validity - The continued validity and effectiveness of this approval was expressly conditioned upon the continued compliance with the plans and conditions listed above.

7.                     Non-Severability - If any of the above conditions is held to be invalid, this approval in its entirely shall be void.

8.                     Non-Waiver - Nothing contained herein shall be deemed to waive any discretion on the part of the County as to further development of the applicant’s property and this permit shall not give the applicant any vested right to develop its property in any other manner than as set forth herein.

The Planning Board voted 8-2 to adopt a resolution approving the following consistency statement:

The request is consistent with the adopted land use plan by creating an opportunity for additional development in an area stated to be suitable for industrial and commercial development. It is also consistent with Plan Moncure by partially being located within an Employment Center node.