Title
Vote to approve the request by Clay Matthews on behalf of Fuller Land & Development for subdivision First Plat review and approval of Berrybrook Crossing at Strowd Farm Conservation Subdivision, consisting of 188 lots on 232 acres, located off US Hwy 15-501 and Mt. Gilead Church Road (SR-1700), parcels 2922, 2919, 2920, 2763, & 76186
Abstract
Introduction & Background:
Zoning: R-1
Water System: Public
Sewer System: Proposed Private Wastewater Treatment Plant
Subject to 100-year flood: Floodable Areas on Property
General Information: The subdivision process is a four (4) step process: Concept Plan, First Plat, Construction Plan, and Final Plat. The applicant has completed the community meeting and the Concept Plan review. This is a conservation subdivision and lot sizes and setbacks vary, but the method to calculate net density is outlined in the Subdivision Regulation, Section 5.2 C (4) (a) “During a First Plat review, the first Planning Board meeting shall include a Public Hearing to receive comment on the proposed subdivision.” Item (b) states “Following the Public Hearing, the Planning Board shall review the proposal, staff recommendation and public comments and indicate their recommendation for approval, disapproval or approval subject to modifications. If the Board recommends disapproval or approval subject to modifications, the necessary reasons or modifications will be specified in the minutes of the meeting.”
Discussion & Analysis: The request is for First Plat review and recommendation of Berrybrook Crossing at Strowd Farm, consisting of 188 lots on 232.2 acres, located off US Hwy 15-501 and Mt. Gilead Rd, S.R. 1700.
Section 7.7 of the Subdivision Regulations, Conservation Subdivision - Alternative Standards for Development states in part “As an alternative to conventional layouts, Chatham County encourages the preservation of large, contiguous blocks of land…When a project voluntarily preserves Conservation Space in accordance with this Section, a project can increase the number of units that would be allowed on the overall property by ten (10) percent. Calculations of the density bonus shall be based on the applicable underlying land use regulations(s) dictating allowable development density...Land required to be protected under other regulatory provisions, such as riparian buffers and floodplain, are not permitted to be included in the Conservation Space calculation.” Please read the entire Section 7.7, Items A - N for a complete understanding of Conservation Subdivisions. Also, please refer to the Chatham County Conservation Subdivision Guidelines for Conservation Space Selection which is available on the Planning Department webpage under Ordinances and Regulations. A conservation subdivision requires that a minimum of 40% of the project area be retained as Conservation Space. A minimum of 80% of such Conservation Space shall be Natural Space and a maximum of 20% of the Conservation Space may be Open Space.
Density Calculations: The land required to be protected within a Conservation Subdivision under other regulatory provisions, i.e. riparian buffers and floodplain, is 36.3 acres. This amount (36.3 acres) was deducted from the total acreage of 232 acres to arrive at the net land available consisting of 195.7 acres. Based on the net land area the lot yield would be 234 lots with the 10% density bonus. The proposed project is 188 lots.
Conservation Space: Of the total project area of 232 acres, 36.3 acres includes riparian buffers and floodplain, leaving 195.7 acres to use in calculating the required conservation space. The regulations require a minimum of 40% conservation space equaling 78.9 acres and the site plan indicates this will be met. See the site plan for the breakdown and location of the Conservation Space. The developer allowed staff from the NC Natural Heritage Program to visit the proposed project prior to designing the subdivision layout. The area set aside for Conservation Space meets the requirement that 40% of the project area be retained as Conservation Space. Mr. Mark Ashness, PE with CE Group, provided an overall summary showing that 40% of the land shall be preserved as a conservation space with 80% to be left as natural space. The project provides 41.5% conservation space with an additional 23.4% preserved area. Total preserved open space is 64.9% (150.8 acres) of the project area.
Natural Space: 80% of the Conservation Space is required to be Natural Space. The
Conservation Space Guidelines states “Natural space is unimproved land in its naturally
occurring state, or preserved to regenerate to its naturally occurring state, unaltered by
human activity, and preserved to maintain or improve the natural, scenic, ecological,
cultural, hydrological, or geological values of an area.” The site plan indicates this requirement will be met.
Open Space: A maximum of 20% of the Conservation Space may be Open Space, of the 195.7 acres designated as Conservation Space the site plan indicates this will be met. The ‘Guidelines’ state “Open space, as defined in the Subdivision Ordinance, allows amenities such as recreational uses and some non-intrusive common uses (e.g. when land application is not the preferred means of wastewater disposal, community septic systems are allowed in Open Space areas). Open space should be located as close to proposed development as practicable, taking into account considerations such as public safety and soil suitability.” See Section 7.7 (D), Items 1 - 8 for allowed uses in Open Space related to Conservation Subdivisions. All land disturbing activities associated with the Conservation Subdivision are subject to the full provisions of the Soil Erosion and Sedimentation Control Ordinance, regardless of the designated use or status of a given area.
Roadways: The roads are proposed to be public and built with a 20-foot-wide travel way and 60-foot-wide right-of-way. Privately maintained alleys will also be provided for townhomes with rear loading garages. The subdivision entrance will be located off US Hwy 15-501 with right-in and right-out access and an emergency access road from Mt. Gilead Church Road. The developer will coordinate with NCDOT on any additional road improvements that may be needed.
Trip Generation: A trip generation report was prepared for this project, and it is estimated that the development will generate approximately 1,909 total site trips on during a typical 24-hour period with am peaks of 140 trips (35 entering and 71 exiting) and 191 pm trips (120 entering and 71 exiting).
Historical: The developer corresponded with Sy Robbins with Chatham County Historical Association (CCHA). Mr. Robbins in an email dated January 22, 2025, stated, “ the proposed project includes portions of two tracts that were once part of “Jones Grove.” These were devised by Mary Smith for her nieces Emma Morphis and Laura Toole (both former slaves). Mr. Robbins stated he was not aware of any special activities or structures related to their ownership or to those who followed but believes the ownership history may provide some significant naming opportunities for the project. CCHA concurs with SHPO recommendation to complete a thorough field survey of the entire tract. Narrative and title search of Jones Grove is in the EIA.
Schools: Notification of the proposed development was provided to the Chatham County School System.
Environmental Impact Assessment: The developer submitted the Environmental Impact Assessment, and it was peer reviewed and deemed complete by Johnson, Mirmiran & Thompson (JMT) on February 28, 2025.
North Carolina Department of Natural and Cultural Resources Natural Heritage Program (NCNHP) letter dated July 15, 2024, states “A query of the NCNHP database, indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of the query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records.” Per the NCNHP letter it states, “rare species and natural communities that have been documented within a one-mile radius of the property. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists.” Some of the element occurrences documented within one-mile radius are Checkered White, Dry-Mesic Oak Hickory Forest, Dry Basic Oak Hickory Forest, Piedmont Alluvial Forest, Phacelia covillei, Thermopsis mollis, etc. NCNHP recommends contacting the US Fish and Wildlife Services (USFWS) for guidance.
The NC Dept. of Natural and Cultural Resources letter dated August 23, 2024, stated, “no recorded archaeological sites within the project’s boundaries, this area has not been systematically surveyed to determine the presence of location of archaeological resources that may be eligible for listing in the National Register of Historic Places (NRHP). The project area contains several landforms with a high potential for archaeological sites adjacent to Pokeberry Creek. Our records also indicate there are numerous previously recorded archaeological sites located in the vicinity. We expect the project area may contain intact, significant archaeological sites. Prior to the initiation of any ground disturbing activities within the project area, we recommend that a comprehensive archaeological survey be conducted.”
Ownership / Management of Conservation Space: Section 7.7 (F) of the Subdivision Regulations requires that the applicant identify the current and intended future owners(s) of the Conservation Space and who will be responsible for maintaining the area / facilities. Per the Draft Conservation Management Plan the Natural Space and the Open Space will be maintained by the Homeowners Association. Section 7.7 (G) requires that a management plan for the Conservation Space be submitted to and approved by the County. A copy of the draft plan has been provided by the applicant. Per Section (G) “Upon initial approval of the management plan by the County, changes to the plan shall be allowed only when approved by the County Board of Commissioners.” Section (H) requires that the Conservation Space shall be protected in perpetuity by a binding legal document that is recorded with the deed upon review and approval by the County. The applicant has provided a draft copy of the deed which will convey the Conservation Space to the third party (homeowners association) and has included a draft copy of the Declarations of Covenants and Restrictions. Prior to final plat recordation, the county attorney shall review and approve the form of the Management Plan, the Declaration of Covenants and Restrictions, and the deed for the Conservation Space.
Community Meeting: A community meeting was held in-person February 25, 2025, at Hyatt Place Hotel Meeting Room. Approximately sixteen people attended the meeting. As a result of the meeting some changes were made to the plan, such as rear loaded alleys being removed from property boundaries and replaced with traditional front-loaded units, interior streets were rotated to accommodate existing grade to limit disturbance along the project outer edge, and units were pulled away from adjacent property owners where possible.
Some concerns and/or comments:
• What are the lot sizes?
• Square feet of the lots?
• When will the project start and how long will it take?
• Location of SCMs.
• How will wastewater be treated?
• Why this site? What drew you to this project?
• Who will maintain pastures in the interim?
• How do you plan to coexist with Pokeberry Creek and its ecosystem?
Technical Review Committee: The TRC met virtually on April 16, 2025, to review the First Plat submittal and the applicant Clay Matthews, Mark Ashness and Developer were present. Mr. Ashness provided a brief overview of the proposed project. He stated there are existing silos and they plan to keep the silos and provide some land for the Strowd family to continue to use for agriculture purposes. The neighborhood will have single family homes around the perimeter with town homes in the middle. The alleys are going to be wide enough for emergency vehicles and fire trucks. There will be a greenway on the project, and the developer has indicated they will work with Chatham County to connect with their master plan and will provide an easement to the county for a public greenway.
The following items were discussed during the TRC meeting:
• Any further details about the county trail. Mr. Ashness stated they are flexible and will provide an easement once the county is ready. The County can pick where they would like to tie into the project trail, the only exception is the Strowd’s would prefer the trail not to go through their parcel but rather hug the buffer. Tracy Burnett, Parks and Rec. Director stated they will discuss the trail at a later date.
Septic: A soils report and map by Piedmont Environmental Associates, P.A. was submitted to James Tiger, R.E.H.S. Chatham County Environmental Health On-Site Wastewater Supervisor. Mr. Tiger stated that a review by Environmental Health is not required since the project will be using an Engineered Option Permit.
Water: Water will be public and provided by Chatham County Water Department/Tri River Utilities.
Road Name: The road names Berrybrook Crossing, Castor Court, Lontra Lane, Papillo Drive, Mellifera Way, Magna Drive, Sponsa View, and Tamias Drive have been approved by Chatham County Emergency Operations Office as acceptable for submittal to the Board of Commissioners for approval.
Existing Conditions: There is an existing agricultural area that will continue to be used.
Water Features: Joshua Harvey and AJ Kamal with Soil & Environmental Consultants, Inc. (S&EC) submitted the Riparian Buffer Review Application and Riparian Buffer Map, to Drew Blake, Watershed Protection Asst. Director for review. S&EC previously visited the site and found the following three (3) ephemeral segments, two (2) intermittent segments, four (4) perennial segments, fourteen (14) potential wetlands, and one (1) buffered pond on the property. Mr. Blake visited the site July 9, 2024. Mr. Blake’s confirmation letter dated October 22, 2024 states three (3) ephemeral segments, two (2) intermittent segments, four (4) perennial segments, and fourteen (14) potential wetlands were identified. The three (3) ephemeral streams require 30-ft buffers, the two (2) intermittent streams require 50-ft buffers, the four (4) perennial streams require 100-ft buffers, and the fourteen (14) wetlands require 50-ft buffers from all sides landward. An email dated August 23, 2024, stated the JD request has been submitted to the Army Corp of Engineers. The developer shall provide all permits at the construction plan submittal.
Stormwater and Erosion Control: Approximately three stormwater devices are proposed. As part of the stormwater permitting process, additional information will be provided to the Watershed Protection Department. A Stormwater Permit and Sedimentation & Erosion Control Permit will be obtained from the Chatham County Watershed Protection Department prior to the Construction Plan submittal. No land disturbing activity can commence on the property prior to obtaining Construction Plan approval.
Development Schedule: Projects with 50 lots or more are required to have a development schedule. This project shall have 36 months from First Plat approval to submit Construction Plan for Phase 1.
Development schedule as follows:
Phase 1 Final Plat submitted by May 1, 2030
Phase 2 Final Plat submitted by May 1, 2032
Phase 3 Final Plat submitted by May 1, 2034
Phase 4 Final Plat submitted by May 1, 2036
Site Visit: Site visits were held on April 29 and May 1, 2025. Pictures of the site visit can be viewed on the Planning Department webpage at www.chathamcountync.gov/planning <http://www.chathamcountync.gov/planning>, Rezoning and Subdivision Cases, 2025.
Planning Board Discussion: The Planning Board met May 6, 2025. Nick Robinson, Attorney, Mark Ashness, P.E., and Jim Anderson, Developer were present. Mr. Robinson gave a brief presentation; he stated the First Plat application is called a “by right” subdivision application. This means when the requirements of the conservation subdivision ordinance are met, then by right, the subdivision should be recommended for approval. He also commented that the applicant has not only met all the minimum requirements, but they have exceeded the requirements. The subdivision ordinance requires 40% of the project to be conservation space and the project has over 40% and provides 24% open space. Over 150-acres of preservation on this project of 232-acres. Part of the incentive of a conservation subdivision is the 10% density bonus, which would allow this project to be 234 lots, but the project is requesting 188 lots.
Ms. Pat Horton spoke during public hearing; her concerns were about the traffic and vehicle accidents. Ms. Horton stated she has seen many vehicle accidents and even fatalities at the intersection of Hwy 15-501 and Mt. Gilead Church Road. A hill obstructs the view that makes it difficult to merge into traffic on Hwy 15-501. It’s a challenge to get out of her own driveway off Hwy 15-501 and have had people rearended turning into her driveway. Ms. Horton stated a traffic light is needed at the intersection of Hwy 15-501 and Mt. Gilead Church Road.
The board discussion included the following:
• Clarification between the conservation space percentage and the reserve space percentage and the location of the areas on the map. Mr. Ashness stated that 23% of the reserve space includes the floodplain area, stream buffers, and wetlands on the project.
• The Board had concerns about traffic. Mr. Ashness said most divided highways and thoroughfares all over North Carolina have frequent accidents because people are driving at a high rate of speed. NCDOT is putting in U-turns called reduced conflict intersections, which is forcing people to make U-turns, and it would make traffic more efficient going north and south. All the projects along Hwy 15-501 will be right in and right out. Looking at Mt. Gilead Church Road, we do not have a point of access, because of the stream that is parallel to it and various properties that are owned by other people. This project is less than 200 units and NCDOT has already reviewed the project. The peak hour of traffic will be about 120 vehicles, and we will have a right turn deceleration lane to turn into the neighborhood. Mr. Ashness said, for there to be a traffic light at the intersection of Mt. Gilead Church Road and Hwy 15-501 certain warrants need to be met first. With the growth of Chatham County, it will reach a trigger to install a traffic light there at some point.
• Where is the emergency access on Mt. Gilead Church Road located? Mr. Ashness stated they were able to work with the adjacent property owner, which has an existing gravel easement and there is an adequate sight distance at that location.
• Concerns with emergency access if there is a blockage crossing the stream. Mr. Ashness stated, this is a wooded area but this is a smaller stream and if a tree or branch fell it could be cut and moved quickly. The road would be a 20’ wide gravel road and will be compacted to hold emergency vehicles.
• The future greenway trail crossing and pipes pumping sewage over Pokeberry Creek. Mr. Ashness said they have been discussing with Chatham County Parks and Recreation to join this trail with their master plan for the county. Once the properties are contiguous, they will join this greenway. Our client is willing to provide the county with an easement for that use. It is not clear when that will take place though. The utility line will be a 6” pipe that will go under the creek and the water will be treated at this point and then drip.
How does this relate to the Comprehensive Plan: Plan Chatham was adopted by the Board of Commissioners in November 2017 and is a comprehensive plan that provides strategic direction to address the most pressing needs in the county. These properties are in an area of the county identified as conservation (strategy 5.2) on the Future Land Use and Conservation Plan Map. The description for conservation includes single family detached lots and attached units with overall very low density, some tourism related uses allowed. Passive recreation areas, greenway trails, and a variety of valuable natural resource areas. Conservation subdivisions are encouraged to protect nature resources while not disrupting agricultural practices. The developer also contacted the NC Natural Heritage Program to review their database for any rare species, important natural communities, natural areas, or conservation/managed areas within the project boundary and some rare species were identified in their records. It should be noted that Plan Chatham is not intended to be used as a regulatory tool but is a policy document. When reviewing subdivision applications, the boards can use the plan as a tool to identify future regulatory changes.
Budgetary Impact: N/A
Recommendation/Motion:
The Planning Board unanimously (10-0) recommends granting approval of the road names Berrybrook Crossing, Castor Court, Lontra Lane, Papillo Drive, Mellifera Way, Magna Drive, Sponsa View, and Tamias Drive and granting approval of the First Plat for Berrybrook Crossing at Strowd Farm with the following conditions:
1. Prior to final plat recordation, the county attorney shall review and approve the form of the Management Plan, the Declaration of Covenants and Restrictions, and the deed for the Conservation Space.
2. The county attorney shall review and approve the contract and performance guarantee prior to final plat recordation.
Motion to approve the request Clay Matthews on behalf of Fuller Land & Development for subdivision First Plat review and approval of Berrybrook Crossing at Strowd Farm Conservation Subdivision, consisting of 188 lots on 232 acres, located off US Hwy 15-501 and Mt. Gilead Church Road (SR-1700), parcels 2922, 2919, 2920, 2763, & 76186.