Title
Vote to approve a request by Ashton Smith, P.E., on behalf of Gilberto Lopez-Ponce for subdivision First Plat review and approval of Eden Parcels, consisting of 10 lots on 14.87 acres, located off US 15-501 N, parcel 2949
Abstract
Introduction & Background:
Zoning: R-1
Water System: Tri-River Water
Sewer System: Private on-site septic
Subject to 100-year flood: No special flood hazard area within the development.
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 of 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 Eden Parcels, consisting of 10 lots on 14.87 acres, located off US 15-501 N, S.R. 15. A vicinity map showing the property location can be viewed online. 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. As stated above, the Planning Board has two (2) meetings to act on the proposal.
Background: The Board of Commissioners approved Eden Parcels July 17, 2023. The approved subdivision was for 11 lots on 14.87 acres. The project has been resubmitted because the location of the road has shifted. When the project was approved in 2023, the road was located to the right and followed Lanes Legacy. On the current proposal, the entrance has shifted to the left. In 2023 the subdivision approved was approved for 11 lots. The current proposal is for 10 lots. A personal gun range is located on parcel 2931, the personal gun range is located near the proposed SCM lot.
Roadways: The road is to be built as a 20-foot-wide travel way with a 60-foot-wide public right-of-way and is to be state maintained. There will be driveways to parcels 2934 and 72916 from the proposed public R-O-W and Lanes Legacy will remain as is.
Historical: The applicant contacted Sy Robbins and Bev Wiggins, Chatham County Historical Association (CCHA). Mr. Robbins provided an email to the developer’s team and county staff on October 12, 2022. Mr. Robbins stated “There are no known cemeteries located on or near the parcel, but there is still the possibility of graves being located on the site: a thorough title search is needed to assess this possibility. Also, the proximity of Wilkerson Creek increases the likelihood of finding Native American artifacts. The applicant is encouraged to follow the CCHA's checklist.”
Schools: Notification of the proposed development was provided to the Chatham County School System. Chris Blice, Chatham County Schools Assistant Superintendent for Operations corresponded by email dated November 5, 2022. Mr. Blice suggested considering a location for school buses to pick up. The school cannot travel on private roads and in this case the stop would likely be on US 15-501.
General Environmental Documentation: The developer submitted the General Environmental Documentation, and a letter dated May 14, 2025, 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, based on the project area mapped with your request, 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 or near 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 exits.”
Taylor Burton, Watershed Specialist, reviewed and approved the information submitted.
Community Meeting: A community meeting was held on May 1, 2025, at Chatham Homes Realty, 490 West Street, Pittsboro, NC. Two people attended the meeting. Items discussed:
• If Lanes Legacy will keep the same road name. Response: Lanes Legacy is not being used in this project, the road entrance has shifted.
Technical Review Committee: The TRC met June 11, 2025, to review the revised First Plat submittal. The representative Mr. Ashton Smith. P.E. and Sarah Tyndall were present. Staff had no comments on the project.
Septic: A soils report and map were submitted to James Tiger, Chatham County Environmental Health Supervisor II, for review. Mr. Tiger stated ,”assuming the site and soil suitability area provided based on site and soil conditions for each property, the proposal appears adequate.”
Water: County water is proposed.
Road Name: The road name Eden Parcels Way has been approved by Chatham County Emergency Operations Office as acceptable for submittal to the Board of Commissioners for approval.
Water Features: Emma Radford with Kimley-Horn submitted the Riparian Buffer review application along with a riparian buffer map to Drew Blake, Asst. Director Watershed Protection Dept., and Phillip Cox Watershed Specialist for review. Drew Blake, Phillip Cox, Emma Radford, and Caroline Vinter completed an on-site riparian buffer review on February 7, 2023, to verify the consultant’s findings. On February 10, 2023, Drew Blake issued a confirmation letter of the findings. February 10, 2023, confirmation letter stated one (1) intermittent stream, five (5) potential wetlands, one (1) ephemeral stream, and two (2) perennial streams. 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 the perennial stream. The Jurisdictional Determination (JD) request has been submitted to the Army Corp of Engineers and is currently being processed. The JD will be required at construction plan submittal.
Stormwater and Erosion Control: One stormwater device is 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.
Site Visit: Site visits were scheduled for June 12, 2025, for Planning Department staff and various board members to attend. Kimley-Horn representatives were present to walk the property with staff and Board members and discuss the project. Pictures of the site visit can be viewed on the Planning Department webpage at <https://www.chathamcountync.gov/home/showpublisheddocument/73115/638853361267370000> Rezoning and Subdivision Cases, 2025.
Planning Board Discussion: The Planning Board met July 1, 2025 and reviewed this item. Sarah Tyndall with Kimley-Horn and Associates was present. Ms. Tyndall gave a brief presentation and Board discussion included the following:
• The project has three changes - the road has been shifted, the new location of the stormwater pond (SCM), and the project has decreased by one lot.
• Where is the location of the personal gun range on the neighboring property? Response: Near the right side where the SCM is located, there is a small personal gun range with a couple of steel plates and a berm.
• Will NCDOT require a turn lane? Response: NCDOT has reviewed the project and does not require a turning lane.
• Is there enough area for septic on Lots 6 & 7 with the buffers on the property? Response: Yes, we have ensured that all lots are provided with enough suitable soil for the primary septic area and repair area, per Ms. Tyndall.
• Does Lanes Legacy have an easement, the road seems to meander across property lines. Lanes Legacy will not be used in this project nor will any lots within the proposed subdivision be allowed a driveway off Lanes Legacy.
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 located in an area of the county identified as Rural on the Future Land Use and Conservation Plan Map (Strategy 5.2). 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.
The proposed conventional subdivision meets the adopted riparian buffer and stormwater control standards of the county. 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 none 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 Department and Planning Board by a 10-1 vote recommend granting approval of the road name Eden Parcels Way and granting approval of the Frist Plat for Eden Parcels with the following conditions:
1. The county attorney shall review and approve the contract and performance guarantee prior to final plat recordation.
2. The final plat shall state lots 1-4 cannot access Lanes Legacy.
3. 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.
Motion to approve a request by Ashton Smith, P.E., on behalf of Gilberto Lopez-Ponce for subdivision First Plat review and approval of Eden Parcels, consisting of 10 lots on 14.87 acres, located off US 15-501 N, parcel 2949.