Title
Vote to approve a request by Jack Ritchie on behalf of Ania Onn, LLC for subdivision First Plat review and approval of Floresta Springs, consisting of 83 lots on 157.08 acres, located off Alex Cockman (SR-2163) and Elmer Keck Rd (SR-2166), parcels 12278, 97589, & 97588
Abstract
Introduction & Background:
Zoning: R-1
Water System: Public (Tri-river)
Sewer System: Individual Septic Systems
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. According to the Chatham County Subdivision Regulations, 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: This is a request for First Plat review and approval of Floresta Springs, consisting of 83 lots on 157.08 acres, located off Alex Cockman (SR-2163) and Elmer Keck Rd (SR-2166), parcels 12278, 97589, & 97588. The minimum lot area for the project must be 40,000 square feet of usable area. This project, originally called the Elmer Keck Subdivision, has gone through several iterations. The concept plan was initially submitted as a conservation subdivision proposing 120 lots and approximately 99 acres of open space and conservation space. The first plat submitted as a conservation subdivision maintained the same number of lots and approximately 100 acres of combined conservation and open space.
The original proposal was designed as a clustered development, with all of the homes located along the northwestern and western boundaries of the property. All of the lots were located on the western side of the perennial stream buffer. The initial iteration also proposed a community wastewater treatment plant, with the associated treatment area distributed throughout the property.
During the community meeting and subsequent interactions with neighboring residents, significant concerns were raised regarding the proposed site plan and the density of the development. Elmer Keck Road is a state-maintained road; however, it is currently unimproved. Residents in the surrounding area expressed particular concern about the potential increase in traffic generated by the proposed development and the impact that additional traffic could have on the small gravel road.
Roadways: The interior roads are to be built as a 20-foot-wide travel way with a 60-foot-wide public right-of-way. Elmer Keck road is not proposed to be improved beyond the current condition other than the installation of a waterline.
Historical: The applicant received comments from the Chatham County Historical Association. Si Robbins from CCHA requested the developer to show the James Clark House on the baseline survey of existing conditions. He requested that if any of the home is extant it be reported, and he thought it was located somewhere near the previously proposed wastewater treatment plan.
Schools: Notification of the proposed development was provided to the Chatham County School System.
Environmental Impact Assessment: The revised EIA was submitted by Sage Ecological Services, Inc. on July 24th, 2025. The EIA was peer revied by JMT and satisfies the requirements of the subdivision regulations.
Community Meeting: There were two community meetings for this project. One for the first application for a conservation subdivision and the most recent on for this current submittal. The Community meeting was held at the Chatham Community Library on March 5, 2026, from 6:00-7:00pm. According to the attached community meeting report there were approximately 25 attendees concerned about the project.
Community members raised a number of concerns regarding the proposed development, particularly related to environmental impacts, stormwater, hydrology, streams and buffers, and potential impacts to downstream properties and water wells. Specific concerns included the potential impact to the Rocky River and the Cape Fear Shiner, cumulative impacts beyond the immediate site, soil suitability and septic systems, including whether four-bedroom and three-bedroom septic systems would be permitted, the potential use of drip irrigation, and whether septic areas would be established before lots are sold. Residents also asked about stream buffers, clear-cutting, mass grading, and whether conditions could be imposed to minimize disturbance of the property and septic areas.
Technical Review Committee: Staff provided a brief overview of the First Plat. The development team initially pursued a conservation subdivision with a higher lot count but ultimately shifted to a conventional subdivision in response to feedback from neighboring residents and prospective builders. The current plan includes primary access from Alex Cockman Road and a secondary connection to Elmer Keck Road. The Elmer Keck connection is not required based on the proposed lot count and is intended primarily for an emergency access. The developer stated that Elmer Keck Road will not be paved as part of the project, noting that residents along Elmer Keck expressed a preference for keeping the road unpaved to minimize additional traffic.
The proposed development will utilize NCDOT shoulder-ditch road sections, with Tri-River water service extending from Alex Cockman Road. Each lot will have an individual septic system rather than a community wastewater system. A short segment of the proposed water line will be located outside the roadway and will remain in that location. Staff requested that appropriate easements be provided to ensure maintenance crews have access to that portion of the water line when necessary.
An existing stream crossing below a pond has been relocated downslope so that the impacts can be consolidated into a single buffer crossing rather than two wider crossings.
Staff asked whether a community meeting had been held, and Mark confirmed that one was held in the spring. He explained that neighbors at the meeting strongly preferred a conventional subdivision rather than the proposed conservation design.
removal.
Septic: The project will use individual septic systems on each lot. The first plat does not show any community septic area or shared septic infrastructure easements.
Water: This project will use TriRiver Water.
Road Names: The road names Forsythia Drive, Freesia Trail, Gardenia Lane, Jasmine Ridge, Lavender Hill Road, Marigold Lane, Orchid Hollow Drive, Peony Path, Privet Ridge Road, and Spirea Lane were submitted to Megan Emerson with E911 Addressing.
Lavender Hill Road, Floresta Springs Road, Gardenia Lane, and Jasmine Ridge Road will be utilized in the project.
Water Features: Sage Ecological identified three (3) ephemeral segments, four (4)
intermittent segments, four (4) perennial segments, eight (8) potential wetlands, and one (1) pond within the review area that are potentially subject to riparian buffers through the Chatham County Watershed Protection Ordinance. Sage submitted a request for Chatham County to complete a formal review to determine if the features would be subject to riparian buffers according to Section 304 of the Chatham County Watershed Protection Ordinance. Drew Blake with Watershed Protection confirmed the findings of Sage and the following riparian buffers will be required:
1. Four Perennial streams/segments will require a 100-foot buffer.
2. Four intermittent streams/segments will require a 50-foot buffer.
3. Three ephemeral streams/segments will require a 30-foot buffer.
4. The potential wetlands still need to be confirmed by the USACE and then will have a 50- foot buffer.
Stormwater and Erosion Control: There are seven proposed stormwater control measures. They will be built to the standards of the Chatham County Watershed Protection Department.
Development Schedule: Since there are more than 50 lots, the developer is requesting approval of development schedule which is provided for in the Subdivision Regulations. The request is Phase 1 Final Plat submission no later than December 31, 2029 and Phase 2 Final Plat submission no later than December 31, 2031. The regulations do require that the first phase of phased subdivision must submit Construction Plans within three (3) years of approval of First Plat.
First Planning Board Meeting: The Planning Board reviewed this item during their September 1st, 2026, meeting. Due to the number of alleged errors in the application and the full agenda, the Board agreed to table the item and continue its discussion at the October 6th meeting.
After planning staff presented the report, Mark Ashness with LJA Engineering gave an overview of the project. He confirmed that the project had originally been designed as a Conservation Subdivision and clarified that the project was almost ready to submit for first plat approval and schedule site visits when the owner elected to change gears. The owner decided to forgo the conservation layout, which would have yielded roughly 50 more lots, and pursue a conventional subdivision layout. The current Floresta Springs layout is a typical example of a conventional subdivision in Chatham County with public water availability and has roughly one house for every two acres of land.
One of the questions from the planning board was about the water availability and whether a “will serve” letter was included with the application. There seemed to be some concern that water would not be available for the project or that using the public water would have some kind of negative impact. Planning staff explained that during the TRC review TriRiver staff is involved and confirms if water will be available for the project. However, an official letter from TriRiver is not required for the first plat submittal. Mr. Ashness confirmed that there is a 16’ water line on Alex Cockman Road and just north of Elmer Keck Road there is an elevated water tank that serves the county. Mr. Ashness also provided an email and letter from July 2026 from the Director of Engineering for TriRiver confirming that sufficient treatment water capacity is available to serve the project.
Mr. Ashness also addressed the historic James Clark house and explained that the development team contacted Preservation NC to start the process of having the home preserved on-site. At this time, it is unknown whether the house will be part of a residential lot or for the entire community. There is also a significant poplar tree located near the house that was suspected to be near a proposed roadway. After the site visit when this tree was discovered, the applicants team re-submitted a site plan showing the road moved to preserve the tree and the James Clark. Additionally, to further address concerns of the neighbors on Elmer Keck, the developer added a cul-de-sac instead of access onto Elmer Keck. Elmer Keck would only be used for emergency operations.
Robin Lyons said she thought Elmer Keck was going to be paved as part of the project. Mr. Ashness explained that they will not be doing that as part of the new conventional plan. The original plan for conservation layout had Elmer Keck as a main entrance way and NCDOT would have required improvements. This concern was met by the applicant with solutions and is objectively no longer a problem.
Four members of the public signed up to speak in opposition to the project. Most concerns regarding the application stemmed from planning staff posting incorrect documents or members of the public reviewing documents out of chronological order.
For example, the project has two Environmental Impact Assessments. Both are posted on the website, but the incorrect assessment was associated with the most recent submittal, causing confusion and frustration among neighboring residents. Bob Mowrey, Melisa Semenov, Stephen Wolfe, and Jeff Hamilton spoke on the item.
Mr. Mowrey spoke against the development. One of his concerns was regarding the type of septic or wastewater to be used on the site. Mr. Mowrey seemed to think that one of the types of wastewater systems had already been approved by the county. The type of wastewater will be individual septic, and each lot will have its septic system approved as homes are built. The Chatham County Department of Environmental Health or an applicable state department will approve each septic. The application that was submitted and which was posted on the website cited “community septic” which was in error and has been resolved.
Ms. Semenov stated in her public comment that the entire application for Floresta Springs was deeply flawed. There were gaps in the Environmental Impact Assessment, documents were unsigned or incorrectly referenced, and there were inconsistencies and errors throughout.
Planning staff have addressed the concern about the EIA documents being posted properly. The EIA has been peer reviewed and meets the applicable standards. Comments provided by the Environmental Review Advisory Committee regarding the EIA have been posted online as well as an EIA addendum prepared by Sage Ecological Services responding to comments provided by ERAC.
Mr. Wolfe also had concerns about the application and the project. He was under the impression that the Environmental Health Director needs to “approve” a first plat before it goes to the planning board. This is not the case. Also, in this instance, the way he described the change from community to individual septic was inaccurate and does not represent a major change to the submittal. The submittal for the conventional layout was always intended to have individual septic. The process has been followed, and Environmental Health is aware of the project. In a letter to planning staff Mr. Wolfe explained the comments made by staff regarding the reason for withdrawing the conservation project were incorrect. Staff said this was due largely to public outcry from the neighbors, but in fact, the applicant never stated that as the reason. The reason given by the applicant is market feasibility.
Mr. Hamilton gave the planning board a list of the 16 “issues” with the submittal. Sage Ecological Services supplied the planning department with responses to his comments, and LJA Engineering submitted all the updated documents. LJA submitted a new application with the correct wastewater disposal method indicated. Other documents submitted by LJA and the applicant’s team are not necessarily required as part of the first plat review, but rather to address the concerns raised by the planning board and the public.
Planning staff have worked with the developer to get the correct documents posted to the website. With the limitations of the new software there can be discrepancies in the sequencing of documents which receive multiple revisions and submittals. It is up to the reviewer to check the dates of the documents and confirm they are reviewing the correct material. In an effort to be fully transparent and comply with public records law, staff always provided all information on the website even when the information is no longer applicable.
The planning board discussed this item for a second time at their October 6th meeting. During the public comment period of the meeting Jeff Hamilton and Bob Mowery spoke in opposition to the project. Melissa Seminov submitted her comments opposing the project before the meeting.
Mr. Mowery referenced Section 5.2 C(2)d(1) of the Subdivision Regulations, which states, “The applicant shall submit a copy of the State and Federal reports regarding wetlands and stream delineations.” This requirement is addressed before the application is submitted and before the Planning Department conducts its sufficiency review. As part of that process, the applicant submits the required environmental information to the Watershed Protection Department for review. Projects with more than 50 lots must also complete an Environmental Impact Assessment (EIA), which is reviewed by the Environmental Review and Advisory Board and independently evaluated by one of the County’s on-call consulting firms.
The EIA for Floresta Springs was peer reviewed by JMT (Johnson, Mirmiran & Thompson). JMT has provided consulting services to the County for many years and assists the Planning and Watershed Protection departments in determining whether EIAs are complete and comply with County regulations and applicable state and federal requirements. Once County staff receive JMT’s review confirming that the EIA is complete, the EIA review process is concluded. The Floresta Springs project has undergone this review and meets all applicable requirements.
The Planning Board voted 5-5 on recommending approval, with one abstention. The tie vote constitutes neither a recommendation for approval nor a recommendation for denial. The five members who voted against approval submitted a report outlining six reasons for their votes.
One of the six reasons concerned the availability of water from TriRiver Water, its ability to serve the proposed subdivision, and the potential cumulative financial impact of continued residential development on existing Chatham County water customers. The members also stated that growth in the western part of the county is being “facilitated and expedited” by the availability of TriRiver water and noted that the County does not control the utility.
It is important to remember that under the Planning Board’s Rules of Procedure, a vote to deny approval of a subdivision application must identify the specific requirement(s) of the subdivision regulations that the application fails to satisfy. None of the points in the report refer to the regulations.
The members also argue that Plan Chatham does not envision this type of subdivision in this part of the county. However, an analysis of Plan Chatham and the rural designation on the Future Land Use map could support the interpretation that Floresta Springs is the type of subdivision envisioned for this area, particularly given the availability of public water.
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. This project is in an area of the county identified as rural on the Future Land Use and Conservation Plan Map. The Rural designation calls for larger lot subdivisions that maintain the rural character and lifestyle of the county. The description for rural areas includes low-density, single-family homes on large lots, agriculture, home-based & small-scale businesses, regional greenway trails, and conservation easements. Floresta Springs should be considered as meeting the standards of plan Chatham. 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 cannot use the plan as a basis for denying a project.
Budgetary Impact: N/A
Recommendation/Motion: The Planning Department recommends granting approval of the road names Lavender Hill Road, Floresta Springs Road, Gardenia Lane, and Jasmine Ridge Road and granting approval of subdivision First Plat for Floresta Springs with the following conditions. The Planning Board voted 5-5 and therefore did not provide a recommendation.:
1. The county attorney shall review and approve the contract and performance guarantee prior to final plat recordation.
2. The following development schedule shall apply and any modifications to the schedule must be submitted for consideration by the Planning Board and final action by the Board of Commissioners following the steps outlined in the Subdivision Regulations: Construction Plan submittal of Phase 1 within thirty-six (36) months of the First Plat approval and Final Plat Application submitted by December 31, 2029, and Phase 2 Final Plat submission no later than December 31, 2031.