Title
Vote to approve a request by Sam Nye, P.E., on behalf of Patrick Parekh for subdivision First Plat review and approval of Meadow Pointe Subdivision, consisting of 40 lots on 201.90 acres, located off NC Hwy 87, parcels 96659 & 10819
Abstract
Introduction & Background:
Zoning: R-1
Water System: Private Wells
Sewer System: Private on-site
Within 100-year flood: Yes
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. The minimum lot size requirement for the project is 40,000 square feet or usable area. The Planning Board has two (2) meetings in which to act on the proposal.
Discussion & Analysis:
The request is for First Plat review and recommendation of Meadow Pointe, consisting of 40 lots on 201.9 acres, located off NC Hwy 87. Per the Subdivision Regulations, Section 5.2C(4), a Public Hearing shall be held at the first Planning Board meeting to receive comments on the proposed subdivision. Item (b) states that 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.
Roadways: The road is to be built as a 20-foot-wide travel way with a 60-foot-wide private right-of-way and will be a gated community. The ingress/egress easement for Lot 40 will be abandoned and revegetated to a natural state.
Historical: The applicant received comments from the Chatham County Historical Association. CCHA completed a quick title search on the parcels and determined the parcel was once owned by Claiborne Justice who assembled various tracts that totaled 300+ acres between 1838-1856. In 1892 Claiborne Justice sold 203 acres to C.N. Justice and the C.N. Justice home place was obtained by T.O. and Daisy Justice in 1946. The Claiborne Justice farm complex appears in the 1938 aerials on the west side of 87N and the north side what is now known as T. C. Justice Road.
Schools: Notification of the proposed development was provided to the Chatham County School System. Chris Blice, Chatham County Schools Assistant Superintendent for Operations, was contacted by email dated April 30, 2025. Mr. Blice stated it's encouraged to include an area for a group bus stop close to the entrance of the development. This would include a suitable place to turn around the school bus and a separate parking area for parents. If this isn't the case, the bus will typically be on the road that adjoins the main entrance to the development regardless of state or private roads.
General Environmental Documentation: The developer submitted the General Environmental Documentation, and a letter dated August 15, 2024, from North Carolina Department of Natural and Cultural Resources Natural Heritage Program to Chatham County Land & Water Resources Division for review. The letter 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 this 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.
The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists." Taylor Burton, Senior Watershed Specialist, reviewed the information submitted. Ms. Burton replied in a letter dated May 7, 2025, that the requirement has been met. Additional comments included any Allowable uses and Allowable with Mitigation uses in the protected riparian buffer will require a Buffer Authorization from Chatham County, all permits with wetland and stream impacts from NC Division of Water Resources and the US Army Corps of Engineers will need to be obtained prior to receiving approval from Chatham County for a Grading Permit and Land Disturbing Permit.
Community Meeting: A community meeting was held on August 15, 2024, at Chatham County Community Library in the Holmes Family Meeting Room, 197 NC Hwy 87N, Pittsboro. Approximately twenty-five people attended the meeting. Items/issues discussed included the following:
1. Will the addition of 40 wells impact the water supply at Bobcat Point? Response: There are no formal studies to determine the impact of new wells on groundwater tables. Subsurface geology varies considerably. The depth at which water can be found by well drillers is inconsistent. Typically wells can be allowed on properties that are as small as 1-1.5 acres. These lots are much larger so the amount of water being used will be less. We do not anticipate these wells will significantly reduce the water table elevation.
2. What is the average depth of the proposed wells? Response: The average depth of a residential water well varies based on subsurface geology. Licensed well drillers will perform the well installs and will be required to find water and drill to the depth required.
3. Will the County require additional aquifer testing from a hydrologist? Response: Aquifer testing is not a requirement that we are aware of.
4. Can we increase the setbacks along Dry Creek? Response: The riparian buffers shown on the plan represent the required 100' established within the Chatham Watershed Ordinance. There are many places where the Floodplain along the creek further limits the area for home sites along dry creek.
5. How far will the septic be away from the wells in Bobcat Point? Response: This will depend on the location of the home sites, riparian buffers, setbacks, on-site well and on-site septic locations. The septic permits will be reviewed by the County and will meet State and County standards for separation.
6. Attendants were concerned about TC Justice Road being used as a construction entrance; will there be a maintenance agreement? Response: TC Justice Road will not be used for construction traffic for this project. Construction traffic will utilize NC 87.
7. What does the anticipated Lighting Plan for this development look like? (Attendants made known that minimal lighting is desired to align with Bobcat Point). Response: We intend to provide the minimal street lighting allowed by Chatham County.
Technical Review Committee: The TRC met June 11, 2025, to review the First Plat submittal. Mr. Sam Nye, P.E. with The Site Group, was present. Discussion included if
there will be street lighting and subdivision signage, if there will be any amenities, thinking about renovating the old barn on the property and making this area a recreational spot, missing wetland and buffers, SCM "C" & "E" easement for the ponds are outside the buffers, CCHA thanked the developer for incorporating the Justice name, suggested pedestrian signs near the barn area and the mail kiosk areas, and Fire Marshal asked for a note to be placed on the plan for the gated emergency access to meet the fire code.
Septic: A soils report and map were submitted to James Tiger, Chatham County Environmental Health Supervisor II, for review. Mr. Tiger stated it was a little difficult to determine if the proposed lots have sufficient soil areas, but generally, the proposal appears adequate. Environmental Health's ability to permit will depend on individual lot soil suitability, topography, available space, house size and location, driveways, and well setbacks if needed. Please also note that all pink and purple shaded drip soils will require engineered design, and in some cases, additional soils work by a Licensed Soils Scientist prior to permitting.
Water: The lots will be served by individual wells.
Road Name: The road names Dry Creek Farm Court, Country View Court, Clayborn Justice Court, Clifford Court, Meadow Pointe, and Oaks Wood Court have been approved by Chatham County Emergency Operations Office as acceptable for submittal to the Board of Commissioners for approval.
Water Features: Hart & Hickman personnel completed a site visit on February 25, 2025, and identified thirty-seven (37) surface waters within the review area that were potentially subject to riparian buffer. Danielle Clark with Hart and Hartman, PC completed the on-site riparian buffer visit with Drew Blake, Asst. Director Watershed Protection Dept. and Phillip Cox, Watershed Specialist on February 25, 2025, to verify the consultant's findings. A confirmation letter dated March 12, 2025, stated five (5) ephemeral streams, nine (9) intermittent streams, three (3) perennial streams, twelve (12) potential wetlands and two (2) perennial water bodies. A 30-ft buffer from top of bank landward on both sides of the feature for all ephemeral streams, a 50-ft buffer will be required beginning at the flagged boundary and proceeding landward on all wetlands, a 50-ft buffer from top of bank landward on both sides of the feature for all intermittent streams, and a 100-ft buffer from top of bank landward on both sides of the feature for all perennial streams. On-site determination expires five years from the date of the riparian buffer report. The Jurisdictional Determination has been submitted to the Army Corp of Engineers.
Stormwater and Erosion Control: There are two (2) proposed stormwater devices and as part of the stormwater permitting process additional information will be provided to the Watershed Protection Department during the permitting process. 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.
Site Visit: Site visits were scheduled for June 25, 2025, for Planning Department staff and various board members to attend. Pictures of the site visit can be viewed on the Planning Department webpage at www.chathamnc.org/planning, Rezoning and Subdivision Cases, 2025.
Planning Board Discussion:
Several adjacent property owners spoke during the public hearing, and their concerns are the following:
Meredith Leight: Asked if a 200' buffer could be placed along Dry Creek because it is listed as a 303(D) impaired stream.
Allen Jones: Stated he had several complaints. During the community meeting, it was agreed there would be no construction traffic on TC Justice Rd and there has been recent activity of construction traffic. A request during the community meeting that a maintenance agreement was needed for using TC Justice for damage that the construction traffic will cause. They were told at TC Justice Rd will not be used for construction traffic the construction traffic will be off NC Hwy 87. Mr. Jones stated, "he has noticed an increase in construction traffic on TC Justice Rd serving the Meadow Pointe subdivision leading up to April 24th, specifically that looks like well drilling equipment and cement trucks that made continual pounding noises all day. He and the neighbors would like the construction traffic to stop using TC Justice Rd and Meadow Pointe subdivision should compensate the neighbors for the repair cost of $1200 to re-gravel the road".
Mr. Jones' stated "his second complaint, which includes legal privacy violations, including harassment using a large commercial drone for GPS mapping entering the airspace directly over residents' homes far beyond the subdivision's property boundaries, in his case it was over 750 feet into his farm and over his head. There are witnesses to a dangerously low flying commercial drone out of the line of sight from the operator. On April 24, 2025, there was a GPS mapping group using the TC Justice Road to enter the subdivision and was using a commercial drone that was hovering very low over some of the neighboring houses and one of the neighbors took a video of it. I would like some sort of discontinuance on using those types of aerial activity flying over neighboring properties."
Susan Joplin with The Site Group was present on behalf of the developer. Ms. Joplin gave a brief presentation, she stated they are working with Watershed Protection Dept. with a design. During the community meeting there were some concerns about neighboring wells and whether the wells will be impacted. There will not be an impact on the water table, and the lots are so large the rain will help replenish the water table as well. Originally, they wanted to keep the existing barn as an amenity area, but it is in major disrepair, and it would cost a huge amount of money to bring it back up to code and to be safe for the residents. The barn will most likely be removed.
Board discussion included:
* If the school bus would stop on NC Hwy 87. Staff explained the school bus would stop on NC Hwy 87; the development would need to provide a separate area for parent parking and an area for the bus to turnaround if the bus pulls into the development.
* In conversation with the County Attorney several years ago the County Attorney advised the Board they could require the bus to turn into the subdivision as a condition if there is a public safety issue.
* It was suggested the large open space at the entrance of the development be a designated area for bus pick-up/drop off.
* The Board would like to hear from the school system about the bus stop.
* If the 100' riparian buffer on Dry Creek could be increased. Staff explained, if the 100' buffer is increased to 200' it cannot be enforced by the county and if would need to be enforced by the HOA.
* Where is the Oak Hickory Forest located?
* During the Planning Board Well Sub-Committee it was determined the aquifers are fractured and when you drill it depends on whether a fracture is hit or not and it's not a lot of knowledge if it impacts other wells.
* It would be nice to consider a trail within the project. Ms. Joplin stated the developer was willing to add a trail and would work with Watershed Protection Dept.
* Construction traffic? Ms. Joplin stated she is not aware of any construction traffic on this project.
The Board postponed making a recommendation to August 5, 2025 meeting.
Items Received After July 1, 2025, Planning Board Meeting:
An email dated July 16, 2025, from Mr. Mitchell East with NCNHP stated in the map provided, the proposed project is outlined, and the Dry Oak-Hickory Forest is located within 1-mile of the project boundary.
A letter dated July 16, 2025, from Mr. Sam Nye responding to concerns brought up during July 1, 2025, Planning Board meeting.
* Bus stop at the entrance. Response: Our understanding is the school system prefers to have the bus stop on Hwy NC 87 and block traffic for students to board and exit the school bus. They don't want to pull off and use a dedicated bus stop because it would cause them to have to get back onto Hwy NC 87. Our entrance will be designed with a large bulb prior to the gate that will allow buses, delivery trucks, and fire apparatus to turn around without backing into or blocking traffic on Hwy NC 87.
* Request 200' buffer on Dry Creek. Response: Dry Creek is the property line along the south edge of these parcels. In the vicinity of the creek there is a 100-year floodplain, pocket wetlands, and divergent channel braids, and riparian buffers associated with tributary streams. Those features add to the overall riparian buffer along the frontage of Dry Creek. There is roughly 1,210,741 square feet / 28.8 acres of permanently protected area. This includes all the property on the south side of Dry Creek. This project has 6,875 linear feet of Dry Creek that is not being impacted at all. 1,210, 741 SF / 6,875 LF = ~176 FT wide equivalent buffer width.
Lots 2, 5, 6, 11, and 12 would become unbuildable if a 200' buffer was provided, and stormwater Lot C would not be able to function as designed. The buffering along Dry Creek meets the standards set forth by Chatham County Watershed Protection Dept. regulations. These regulations are some of the most environmentally protective in the State. We are sorry that we are unable to provide a 200' buffer for Dry Creek.
* Neighbor claims construction activities have damaged TC Justice Road. Response: The owners of the project are unaware of any construction that has been authorized. We visited the site during the Planning Dept. visit and did not see any evidence of damage. Susan Joplin from The Site Group reviewed the property again on July 15, 2025, and found no evidence of damage by construction operations. There was a place where the road washed over during the flood earlier this month. There is a spot in the road, near the entrance, where some repairs appear to have been performed. Gravel roads of this nature typically require some level of repair. We understand from another neighbor on the street that he has made minor repairs to TC Justice Rd over the years as necessary. Photos of the road may be seen at this link: https://www.chathamcountync.gov/home/showpublisheddocument/73603/638882638175730000
For this project, the property was accessed by land surveyors and environmental consultants to review and document the existing environmental features, as well as the boundary lines and topography for the property. We are unaware of any construction activities beyond surveying and environmental determinations.
* Neighbor claims survey drones were incorrectly used. Response: I received a call from the surveyor stating the neighbor was irritated and they would like me to call him. I called him and explained why they were out there. He was upset that the drones were flying over his property was concerned about security. He told me to get the drones off his property and ended the call from his end. The FAA reached out after getting the neighbors complaint. I gave the FAA representative contact information of the surveying firm. They spoke on the matter, and the FAA complaint was dismissed. The surveyor is licensed by the FAA to fly the drones, and they were operating completely within the law.
* Request for walking trails. Response: The area of the existing trails is within the floodplain and riparian buffers along Dry Creek. Getting a full access and maintenance easement within the buffers is not likely based on Chatham County Watershed Protection regulation. We recommend a private blanket access and maintenance easement across the existing farm path given to the HOA to enforce. The farm paths would essentially become walking trails. The HOA would be allowed to mow, install mulch, and signage for the trail. No work outside of maintenance of the existing paths would be allowed.
Planning Board Discussion:
The Planning Board met July 1, 2025, and August 5, 2025. Mr. Sam Nye with The Site Group was present on behalf of the developer. Planning staff gave a brief update from the previous Planning Board meeting. Mr. Nye briefly addressed the concerns the Board had from July 1, 2025 meeting. The request for a 200' riparian buffer would cause them to lose up to 5 lots or possibly need to redesign the project and would not work under the time constraints they are under. Mr. Nye stated there is the required 100' buffer and then if you were to average all the area we are buffering there is an additional 75' buffer. The location of the Dry-Hickory Forest is three-fourths of a mile southeast of the project and is not located on the proposed project. Mr. Nye explained that Mr. Chirs Blice with Chatham County Schools was unable to make it to the meeting tonight to help explain the bus stop, but he said Mr. Blice explained the issue is the school system does not want the bus to pull off the road for the bus stop, it's easier to stop traffic.
Board members discussed the following:
* Walking trails within the project. Response: Mr. Nye stated they have been working with Mr. Drew Blake in the Watershed Protection Department with the trails. We cannot show trail access easements because they are in the buffer but will be allowed to mow the existing trails and maybe use some mulch if needed and some signs to identify the trails.
* Will there be a blanket easement to allow people to walk on neighbor's property? Response: The HOA could provide some language for a blanket easement for the trails and for people to stay only on the trails and not to enter the property off of the trails.
* Will the trails be paved? Response: No
* There's a large turnaround area at the entrance; school bus could turn around if wanted. Response: Yes
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 located in a rural area (strategy 5.2) of the county on the Future Land Use and Conservation Plan Map. The description for rural is low density development comprised of single-family homes on large lots or in conservation subdivisions with some commercial buildings designed to protect function and form of rural character. Pastures, farms, and forests dominate the landscape. Mix use includes agriculture, a large lot residential, supporting service uses, and home-based and small-scale businesses. The proposed conventional subdivision meets the adopted riparian buffer and stormwater control standards of the county, and the subdivision is proposing a 30' wide greenway trail. 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 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 Staff and Planning Board by vote 8-1-1 recommend granting approval of the road names Dry Creek Farm Rd., Clayborn Justice Ct., Clifford Ct., Meadow Pointe Ct., and Oaks Wood Ct. and approval of the First Plat as submitted with the following conditions:
First Plat for Meadow Pointe - Recommended Conditions:
1. Approval of the First Plat shall be valid for a period of twenty-four (24) months following the date of approval by the Board of Commissioners and the Construction Plan approval shall be valid for a period of twenty-four (24) months from the date of approval by the Technical Review Committee or Board of Commissioners.
2. Final Plat shall provide Claiborn Justice Court as Clayborn Justice Court and Dry Creek Farm Court to be shown as Dry Creek Farm Road as these are the approved road names.
3. The county attorney shall review and approve the contract and performance guarantee prior to final plat recordation.
4. A copy of the road maintenance policy shall be provided to planning staff prior to recording the final plat.
5. The ingress/egress easement on lot 40 shall be abandoned and revegetated to natural state.
6. Developer/HOA shall work with emergency personnel to obtain access to the gate for entrance.