Legislation Details

File #: 26-0665    Version: 1
Type: Agenda Item Status: Board Priorities
File created: 10/30/2026 In control: Planning
On agenda: 11/16/2026 Final action:
Title: Vote on a request by Jack Ritchie on behalf of Fearrington Land Holdings, LLC for subdivision First Plat review and approval of Fearrington Preserve, consisting of 574 lots on 365 acres, located off Andrew Store Rd (SR-1528), Parker Herndon Rd (SR-1526) and Morris Rd, parcels 2867, 2868, 2869, 2842, 2807, 2820, 95254
Attachments: 1. More information from the Planning Department website
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
No records to display.

Title

Vote on a request by Jack Ritchie on behalf of Fearrington Land Holdings, LLC for subdivision First Plat review and approval of Fearrington Preserve, consisting of 574 lots on 365 acres, located off Andrew Store Rd (SR-1528), Parker Herndon Rd (SR-1526) and Morris Rd, parcels 2867, 2868, 2869, 2842, 2807, 2820, 95254

 

Abstract

Introduction & Background:

Zoning:                                 R-1

Water System:                     Public

Sewer System:                    Wastewater Treatment Plant is proposed

Subject to 100-year flood:   There are special flood hazard areas located within the project and are associated with Pokeberry Creek and adjoining tributaries

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 Fearrington Preserve, consisting of 574 lots (573 residential and 1 commercial) located off Andrew Store Rd, Parker Herndon Rd, and Morris Rd. Please note that the maximum dwelling unit count in the rezoning application is 630 dwelling units (72 affordable housing units and 558 market rate units ) on 365 acres which could allow for additional dwelling units such as condominiums.  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.

 

Roadways: The roads are proposed to be built as a 27-foot-wide travel way with a 60-foot-wide public right-of-way.

 

Historical: The applicant received comments from the Chatham County Historical Association (CCHA). CCHA stated there are a number of cemeteries are located on adjacent parcels including E59.1, E0.0, E 50.2,E52.2, and E52.3 and a structure on parcel 2820 listed in the SHPO database and asked that all are shown on the future maps and protected from stormwater runoff impacts. CCHA asked for a title search to be completed and to use past owners of the property for naming opportunities, look for unmarked graves and artifacts.

 

Schools: Notification of the proposed development was provided to the Chatham County School System.

 

Environmental Impact Assessment (EIA): The developer submitted the Environmental Impact Assessment, and it was peer reviewed and deemed complete by Johnson, Mirmiran & Thompson (JMT) on April 17, 2026. The Environmental Review Advisory Committee provided comments on the first draft of the EIA in December 2025. Those comments were provided to the consultant who prepared the EIA and the peer review consultant for consideration.

 

In Section 3.4 Wetlands, stated the stream, the wetland, and the riparian buffer delineation was conducted in March and April 2025 by Sage Ecological Services, Inc. (Sage) in accordance with current US Army Corps of Engineers (USACE) and North Carolina Division of Water Resources (NCDWR) standards. The delineation identified and mapped on-site streams, wetlands, and ponds to inform site design and facilitate avoidance and minimization of impacts to natural resources.

 

Section 3.10 Surface and Groundwater Resources stated a Preliminary Jurisdictional Determination (PJD) request was submitted on June 23, 2025, under USACE Action ID SAW-2025-01340. A site meeting was held with Ms. Julia Tillery on August 7, 2025, to confirm the jurisdictional determinations. On August 7, 2025, a field review of the Riparian Buffer Delineation was completed with Mr. Drew Blake of Chatham County.

The Site lies within the Pokeberry Creek-Haw River subwatershed (HUC 030300020702), draining to Pokeberry Creek which is within the larger Roberson Creek-Haw River watershed (HUC 0303000207) of the Cape Fear River Basin. Pokeberry Creek is classified as Water Supply IV, Nutrient Sensitive Waters (WS-IV;NSW). It is a tributary to the Haw River, which eventually flows into Jordan Lake. State and federal regulations are currently in place to protect water quality in these tributaries, and riparian buffers are required by Chatham County for streams on the Site. Ephemeral, intermittent, and perennial streams require 30-foot, 50-foot, and 100-foot buffers, respectively.

 

North Carolina Department of Natural and Cultural Resources Natural Heritage Program (NCNHP) letter dated March 10, 2025, 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, or within one-mile radius of the 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. Element occurrences documented within 1-mile radius of the project  are Hemidactylium scutatum, Dry-Mesic Oak -Hickory Forest, Low Elevation Seep,

Mesic Mixed Hardwood Forest, Piedmont Alluvial Forest, Piedmont Mountain Semipermanent Impoundment, and Thermopsis Mollis.

Section 3.12 Wildlife and Natural Vegetation stated USFWS threatened and endangered species are as follows: Bald Eagle, Tricolored Bat, Red-cockaded Woodpecker, Cape Fear Shiner, Monarch Butterfly, and Harperella.

 

Community Meeting: A community meeting was held on June 26, 2025, at Chatham County Agricultural and Conference Center located at 1192 US Hwy 64 West, Pittsboro. Approximately forty-three (43) people attended the meeting. The attendees had concerns about the following:

•                     Concerns about traffic

•                     EIA and the review

•                     Location of the wastewater treatment plant (WWTP)

•                     Lot sizes

•                     Traffic study

•                     How many lots are single family homes

•                     Will the road be widened based on the traffic study

•                     Any roads crossing the creek

•                     Concerns about sewer issues

•                     Who regulates the sewer issues

•                     WWTP by the water

•                     How much of the open space will remain natural

•                     Where will the spray fields be located

•                     Historical data for Pokeberry Creek

•                     Archeological study

•                     Pedestrian crossing is not safe on Andrew Store Rd

•                     Fences at end of trails to keep trail users off private property

•                     Is this connected to or associated with Fearrington Place commercial development

•                     How many access points for the northern sections

•                     What type of units in the northern section

•                     Electric chargers and green building practices

•                     What percentage of the sewer flow will be gravity versus force main of lift stations

•                     Square footage of homes

•                     Will the schools be notified

•                     Native American artifacts

•                     Wild turkeys on Morris Rd, be a good neighbor

•                     Real farm on Parker property, buffer from agricultural smells and sound2s

•                     Spray leaking on the trails

•                     Protection of cemeteries

•                     Will the trail south of Hawk Point Rd be preserved

 

Technical Review Committee: The TRC met on August 12, 2026, to review the First Plat submittal. Mr. Jack Ritchie, Mr. Mark Ashness, and Mr. Nick Robinson were present. Mr. Ashness stated the development is organized into multiple “pods,” including two on Parker Herndon Road, with the largest on the east side where the main amenity will sit near Pokeberry Creek to take advantage of the landscape and to link efficiently with multi-use trails across the property. A raised pedestrian bridge will cross the creek to connect the Morris Road sector, and additional multi-use trails will run north toward Briar Chapel Park. On the north side of Andrews Store Road, adjacent to Briar Chapel, the project ties into two existing public-street stubs, and the lot sizes and density mirror Briar Chapel’s; an amenity is added there in response to concerns that new residents might otherwise rely on Briar Chapel’s park space. Mr. Ashness explained that this northern amenity may include significant recreational features and possibly a pool, while the southern pod will definitely have a pool. East of that area, two sections are dedicated to affordable housing: originally planned as a single 70-unit “1+1” product, the plan now proposes 72 townhomes split between both sides of the road. A multi-use trail along Andrews Store Road will connect to a small commercial node west of Pokeberry Creek, envisioned as a two-story building with parking, an event lawn, and ground-floor food or beverage uses with offices above. Two roundabouts, one at the affordable-housing entrance and one at the commercial entrance will provide safe pedestrian crossings and traffic calming near nearby schools. All pedestrian routes will ultimately link to the county’s Briar Chapel Park. Mr. Ashness notes that although zoning and traffic-impact entitlements allow over 630 units, the actual plan is closer to 573 units based on the chosen housing products. He acknowledges the project’s high level of public scrutiny, referencing multiple public hearings, and explains that DRMP is handling traffic coordination with NCDOT while Sage is managing environmental work. The project will use Tri-River water and its own treatment and spray-irrigation system, and because it lies within the compact-community corridor, it is designed for higher-than-one-unit-per-acre density.

 

Nick Robinson added, in addition to the development itself, the landowner has already entered into an agreement granting an easement to Vivus Viridis, a creek-restoration firm. the company can restore Pokeberry Creek once it secures the necessary U.S. Army Corps of Engineers permits. This restoration is critically important because the creek’s degraded condition, stemming partly from impacts in Briar Chapel, partly from this property south of Andrews Store Road, and partly from county-owned parkland, contributes significantly to the flooding historically seen on Andrews Store Road and Morris Road. Mr. Robinson stated that the county has likewise granted an easement for restoration work on its park property, and that the developer has fully cooperated to ensure nothing in the project interferes with the restoration effort, with similar coordination expected from Briar Chapel. Mr. Robinson stresses that while the restoration is not part of the subdivision itself, the project’s timely approval will allow the consultant to move forward with federal permitting sooner, accelerating both the creek’s return to a healthy state and the associated flood-risk reduction, making the restoration a major parallel benefit alongside the affordable-housing component and other positive elements of the development.

 

The following items were discussed:

•                     The Planning Board is allowed up to three meetings to make its recommendation, but under the first-plat rules, they are limited to two meetings.

•                     Road names need to be placed on all roads that require a road name

•                     NCDOT has been working with DRMP on the Traffic Impact Analysis for the project and several roadway improvements have already been identified. Mr. Justin Richardson with NCDOT notes that the team has evaluated the proposed roundabouts and believes they can handle the projected traffic volumes but clarifies that full-size roundabouts will be necessary because mini-roundabouts would not function adequately at these locations. He adds that the design team is still working through the details with the project engineer as the project advances, and aside from the roundabouts, the development will need standard driveway permits and encroachment agreements.

•                     Mr. Ricky Suitts, Duke Energy representative, explained that his main concern comes after the project receives final approval, because the large amount of green space and separation between residential pods will require multiple sourcing points for utility service rather than a single straightforward connection. He advised the development team to contact him immediately if approval is granted so work orders can be generated early, allowing time to plan and coordinate those various points of entry. He noted that this isn’t an obstacle, just something that will need deliberate coordination once the project moves into implementation.

•                     Mr. Suitts explains that the team should wait until the project receives final approval before determining the best utility-sourcing layout, noting that Andrew Store Road has strong three-phase capacity while the Morris Road and Parker Herndon areas are more limited. He adds that there is also a source point at the bottom of the site, though it is unclear whether that line is existing or will require expansion, and emphasizes that once approval is granted, they will be able to identify the most efficient path for serving the various pods across the project’s widely separated green-space areas.

•                     Full-size roundabouts, not mini-roundabouts, are the appropriate choice for this corridor project. Staff urged the team to consider if a roundabout on Parker Herndon Road could be installed where the two phases of the development create a new intersection.

Septic: A soils report was completed by Piedmont Environmental Associates, P.A. on December 10, 2025, according to the soils report. James Tiger, Chatham County Environmental Health Director reviewed the soils report. Mr. Tiger stated in the email dated January 13, 2026, nothing more is needed, Chatham County Environmental Health will not be involved in any part of the site/soil evaluation or system design.

 

A wastewater treatment plant is proposed for the project. LJA provided a document from Mark Ashness, P.E. that states, “Fearrington Preserve is planned to accommodate +/- 603 single family, townhome or condominium lots. In addition, a commercial parcel with up to 23,000 SF of commercial or office. The projected permitted wastewater demand of the project will be between 140,000-150,000 GPD depending upon final permitting. Actual wastewater usage is expected to be less than 75,000 GPD at full buildout for the project.” 

 

Water: Public water from Tri River Water. A letter dated January 13, 2026 from Jason Bertoncino, P.E. with TriRiver, states, “the subdivision is proposed to be +/- 603 residential lots with a small amount of additional commercial use will have sewer service from a private utility system. TriRiver Water will take into account the projected capacity requirements for the Project and the timeline for the project. This is not a guarantee regarding future capacity as system demands and conditions are subject to change. However, final allocation of water capacity will be issued once construction drawings for the Project have been reviewed and approved by both the local municipality and TriRiver Water.”

 

Road Name: The road name Fearrington Preserve Drive, Preserve Terrace, Helianthus Trail, Farmhouse Trail, Creekbend Court, Fritillary Court, Sulphur Drive, Harvester Road, Brushfoot Lane, Viceroy Court, Metalmarks Road, Robinia Road, Betula Lane, Quercus Court, Lindera Lane, Rudbeckia Road, and Passiflora Path have been approved by Chatham County Emergency Operations Office as acceptable for submittal to the Board of Commissioners for approval.

 

Trip Generation: A trip generation was completed, and it is estimated that Phase 1 of the proposed development will generate approximately 2,906 site trips during a typical 24-hour weekday period. It’s anticipated 214 trips (53 entering and 161 exiting) will occur during the weekday AM peak hour, 219 trips (161 entering and 127 exiting) will occur during the weekday midday hour, and 290 trips (182 entering and 108 exiting) will occur during the weekday PM peak hour in Phase 1.

 

Phase 2 of the proposed development will generate approximately 6,593 total site trips during a typical 24-hour weekday period. It’s anticipated 592 trips (212 entering and 377 exiting) will occur during the weekday AM peak hour, 1,082 trips (592 entering and 490 exiting) will occur during the weekday midday hour, and 694 trips (392 entering and 302 exiting) will occur during the weekday PM peak hour.

 

Water Features: Kim Spangler with Sage Ecological Services, Inc. (Sage), Julia Tillery with US Army Corps of Engineers, and Drew Blake with Chatham County Watershed Protection Dept completed a site visit on August 21, 2025. Mr. Drew Blake, Asst. Director Watershed Protection provided a confirmation letter dated October 1, 2025, stated six (6) ephemeral segments, nine (9) intermittent segments, nine (9) perennial segments, one (1) perennial waterbody, thirty-one (31) potential wetlands and a FEMA mapped floodplain. 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 (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: There are thirteen (13) 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. 

 

Development Schedule: Three phases are proposed. Phase 1 final plat shall be submitted prior to January 1, 2031, Phase 2 final plat shall be submitted prior to January 1, 2033, and Phase 3 final plat shall be submitted prior to January 1, 2035.  This project shall have 36 months from First Plat approval to submit Construction Plan for Phase 1.

 

Site Visit: Site visits were scheduled for August 25, 2026, and August 26, 2026, for Planning Department staff and various board members to attend.

Pictures of the site visit can be viewed on the Planning Department webpage.

 

Planning Discussion:

The Planning Board reviewed the application during their regular meeting on September 1, 2026. Mr. Nicholas Robinson with Bradshaw Robinson Slawter & Rainer LLP was present on behalf of the developer and gave a presentation. Mr. Nick Robinson stated that Fearrington Preserve is proposed as a compact community rather than a conventional subdivision. He explained that the 365-acre tract is located within Chatham County’s designated compact-community area and that the compact-community zoning framework allows increased density while requiring an affordable-housing component.

 

Mr. Robinson reviewed the project’s development review history, noting that the application has undergone multiple public hearings, staff consultations, affordable housing discussions, Appearance Commission review, and Technical Review Committee review. He stated that the applicant has responded to staff comments and submitted revised materials throughout the process. He noted that the Appearance Commission approved the revised plan unanimously and that the Technical Review Committee requested only one revision before the final application was submitted.

 

Mr. Robinson stated that the Board’s 2021 expansion of the compact-community area included a portion of the Farrington Preserve property because the area was considered suitable for compact-community development and because restoration of Pokeberry Creek was identified as a county priority. He maintained that the proposed development is consistent with those objectives and would facilitate restoration of the creek and related flood-abatement improvements.

 

Mr. Robinson acknowledged concerns raised by neighboring residents, particularly regarding flooding along Morris Road, but disputed a number of statements being circulated by opponents. He specifically addressed claims concerning traffic improvements, financing, and the project’s review by the Technical Review Committee and Appearance Commission, stating that the official project documents contradict those claims. He emphasized that project materials have been made available publicly and that the applicant has sought to provide accurate information regarding the proposal.

 

Mr. Robinson also discussed development alternatives available under existing zoning, stating that the property could potentially be developed through multiple smaller, by-right subdivisions. He expressed that such development could occur without the affordable-housing, environmental, traffic, and fiscal-impact components associated with the proposed compact community. He stated that the applicant chose the compact-community process because it provides an opportunity to incorporate affordable housing, environmental restoration, and comprehensive technical review.

 

Regarding the First Plat, Mr. Robinson stated that it is an administrative, by-right approval subject to the applicable subdivision standards once the requested rezoning is approved. He stated that county staff and the Technical Review Committee had reviewed the plat and determined that it meets the applicable requirements.

 

Mr. Robinson concluded by stating that the project team was available to answer questions regarding planning, traffic, environmental matters, and the proposed Pokeberry Creek restoration.

 

Mr. Powers thanked the applicant for the recent site visit and asked about flooding and public safety, particularly the proximity of proposed homes to the floodplain and emergency access during a significant flood event. He asked the applicant to identify the proposed ingress and egress and expressed concern that there appeared to be only one access route.

 

Mr. Robinson responded that the apparent proximity of the homes to the floodplain does not reflect the proposed elevations. He stated that the homes and roads would be constructed at higher grades above the floodplain. Regarding Pokeberry Creek restoration, Mr. Robinson stated that Mr. McIntyre, who was present at the meeting, would be responsible for the restoration work. He explained that the applicant has granted, and will grant, the necessary conservation easements for the restoration project. He stated that the restoration also requires approval from the U.S. Army Corps of Engineers and that the project’s status is connected to the outcome of the Fearrington Preserve application. Mr. Robinson stated that the applicant is fully supportive of the restoration and believes approval of the project would allow the restoration process to move forward. He further stated that if the project is not approved, alternative by-right development could delay the restoration by an estimated two to three years.

 

Vice Chair Frazier asked about the varying numbers of proposed residential units referenced during the review process. Mr. Robinson explained that the rezoning application requests a maximum entitlement of 630 units. The plan previously anticipated approximately 603 residential lots, but revisions related to Fire Code requirements and the detailed First Plat process reduced the number to 573 residential lots. Including one lot for the wastewater treatment facility, the First Plat contains 574 total lots. He stated that 630 remains the maximum number of units under the request.

 

Vice Chair Frazier also asked how the proposed commercial area affects the total unit count. Mr. Robinson stated that the plan includes a commercial area but allows flexibility for additional residential units within that area if commercial development does not occur. He reiterated that the overall maximum remains 630 units.

 

Chair Roodkowsky asked about the size of the proposed commercial building and the requirements of the Compact Community Ordinance. Mr. Robinson stated that the proposed commercial building is approximately 16,000 square feet, with approximately 8,000 square feet on each of two floors. He acknowledged that the ordinance establishes a larger commercial area requirement but stated that the applicant is requesting a modification, citing the precedent of Vickers Village and concerns about providing more commercial space than the market can support.

 

Ms. Lyons questioned whether 16,000 square feet of commercial space is sufficient given the proposed number of homes and noted that the commercial area serves as the village center for the compact community. Mr. Robinson explained that the proposed commercial area is smaller than that approved for Vickers Village because the Farrington Preserve site is farther from NC 15-501 and is expected to have less commercial traffic. He also cited difficulties experienced at Briar Chapel in attracting businesses to internal commercial areas. He stated that the applicant's intent is to provide a functional commercial area that could include uses such as coffee, food, ice cream, and retail, with connections to the community's multi-use trails and the adjacent Chatham County community park.

 

Ms. Lyons asked about the location of the village center. Mr. Robinson identified the proposed commercial area and explained that the village center is a conceptual component intended to provide a gathering and activity area rather than a specific point at the geographic center of the development. He noted its proximity to the park and trail network.

 

Chair Roodkowsky concluded the discussion due to time constraints and moved the meeting to the public input session, followed by consideration of the rezoning portion of the project.

 

Public Input Included the Following Concerns:

•                     Residents expressed concern about the timing and availability of project documents and revisions, including materials that were not available to the public until shortly before the hearing.

•                     Some speakers stated that previously confidential environmental and technical documents raised additional questions that the public had insufficient time to review.

•                     Concerns were raised regarding whether the public and Planning Board have had adequate opportunity to review the most recent information before making recommendations.

•                     Significant concerns were expressed regarding existing and historical flooding along Pokeberry Creek, Morris Road, and surrounding areas.

•                     Residents referenced recent major storm events and reported damage to roads, bridges, property, and livestock.

•                     Several speakers questioned whether existing FEMA floodplain maps and other flood data accurately reflect current conditions following recent flooding and changes to the creek.

•                     Residents expressed concern that proposed development, including clearing, grading, roads, and rooftops, could increase stormwater runoff and downstream flooding.

•                     Some speakers requested that current flood information be incorporated into lot layout and development plans before approval.

•                     Concerns were also raised regarding the potential impact of flooding on future residents, emergency access, infrastructure, and wastewater facilities.

•                     Residents questioned whether the proposed stormwater management system is adequately designed for increasingly severe rainfall events.

•                     Speakers cited concerns about erosion, runoff, sediment movement, and the potential failure or overflow of stormwater facilities.

•                     Some residents referenced experiences with stormwater infrastructure in Briar Chapel and expressed concern about similar maintenance and performance issues occurring at Fearrington Preserve.

•                     Concerns were raised about the long-term responsibility and cost of maintaining stormwater facilities after development is completed.

•                     Several residents questioned whether the proposed Pokeberry Creek restoration can proceed as described, particularly because of questions regarding access, conservation easements, permitting, and the position of adjacent property owners.

•                     Concerns were raised that the restoration plan should not be relied upon as a public benefit unless its feasibility, funding, permitting, and property access are established.

•                     Some speakers questioned whether the restoration would adequately address flooding generated or affected by the proposed development.

•                     Several residents questioned whether the proposed Pokeberry Creek restoration can proceed as described, particularly because of questions regarding access, conservation easements, permitting, and the position of adjacent property owners.

•                     Concerns were raised that the restoration plan should not be relied upon as a public benefit unless its feasibility, funding, permitting, and property access are established.

•                     Some speakers questioned whether the restoration would adequately address flooding generated or affected by the proposed development.

•                     Several residents questioned whether the proposed Pokeberry Creek restoration can proceed as described, particularly because of questions regarding access, conservation easements, permitting, and the position of adjacent property owners.

•                     Concerns were raised that the restoration plan should not be relied upon as a public benefit unless its feasibility, funding, permitting, and property access are established.

•                     Some speakers questioned whether the restoration would adequately address flooding generated or affected by the proposed development.

•                     Several residents questioned whether the proposed Pokeberry Creek restoration can proceed as described, particularly because of questions regarding access, conservation easements, permitting, and the position of adjacent property owners.

•                     Concerns were raised that the restoration plan should not be relied upon as a public benefit unless its feasibility, funding, permitting, and property access are established.

•                     Some speakers questioned whether the restoration would adequately address flooding generated or affected by the proposed development.

•                     Several residents questioned whether the proposed Pokeberry Creek restoration can proceed as described, particularly because of questions regarding access, conservation easements, permitting, and the position of adjacent property owners.

•                     Concerns were raised that the restoration plan should not be relied upon as a public benefit unless its feasibility, funding, permitting, and property access are established.

•                     Some speakers questioned whether the restoration would adequately address flooding generated or affected by the proposed development.

•                     Several residents questioned whether the proposed Pokeberry Creek restoration can proceed as described, particularly because of questions regarding access, conservation easements, permitting, and the position of adjacent property owners.

•                     Concerns were raised that the restoration plan should not be relied upon as a public benefit unless its feasibility, funding, permitting, and property access are established.

•                     Some speakers questioned whether the restoration would adequately address flooding generated or affected by the proposed development.

•                     Residents expressed concern about the conversion of farmland and forest to residential development.

•                     Speakers cited the loss of prime agricultural soils, mature forest, wildlife habitat, and natural areas.

•                     Concerns were raised that clearing and grading could increase erosion, sedimentation, and impacts to Pokeberry Creek.

•                     Some residents questioned whether the proposed development is consistent with Plan Chatham's goals for protecting agricultural resources and natural systems.

•                     Several speakers questioned the suitability of the proposed affordable-housing land donation.

•                     Concerns were raised regarding the presence of a former agricultural wastewater lagoon and potential soil and groundwater contamination on or near the proposed affordable-housing parcel.

•                     Speakers questioned whether the environmental information available to the County is current and sufficiently comprehensive to evaluate the parcel.

•                     Some residents requested an independent environmental assessment before the County accepts the proposed land donation.

•                     Questions were also raised regarding who would be responsible for future environmental remediation or cleanup costs.

•                     Residents expressed concerns about the proposed private wastewater treatment system and spray-irrigation areas.

•                     Speakers referenced experiences with wastewater treatment, sewer spills, odors, irrigation problems, and infrastructure failures at Briar Chapel.

•                     Concerns were raised about the proximity of wastewater infrastructure and spray fields to homes, wetlands, Pokeberry Creek, and the floodplain.

•                     Several speakers questioned whether the soils can adequately absorb the proposed wastewater volumes, particularly if construction activities cause soil compaction.

•                     Concerns were expressed about potential runoff, groundwater impacts, system failures, and long-term operation and maintenance responsibilities.

•                     Residents questioned who would be financially responsible for wastewater repairs, failures, or environmental cleanup after the developer is no longer involved.

•                     Traffic was one of the most frequently raised concerns.

•                     Residents expressed concern about the projected increase in traffic on Parker Herndon Road, Andrews Store Road, Morris Road, and surrounding roads.

•                     Speakers stated that these roads already experience significant congestion, particularly during school arrival and dismissal periods.

•                     Concerns were raised about the capacity and safety of existing two-lane rural roads to accommodate additional residential traffic.

•                     Some residents questioned the assumptions and methodology used in the Traffic Impact Analysis, including assumptions regarding traffic distribution and future roadway improvements.

•                     Concerns were raised regarding the timing of potential roadway improvements and whether improvements would occur before substantial portions of the development are occupied.

•                     Residents expressed concern that several nearby schools already contribute substantial traffic to the surrounding roadway network.

•                     Speakers questioned whether school buses could safely access the proposed residential areas and whether adequate turnaround areas are provided within the development.

•                     Concerns were raised about children potentially being picked up along narrow or high-speed roads rather than within residential neighborhoods.

•                     Proposed roundabouts and intersections were identified as potential areas of concern for school buses, pedestrians, cyclists, and other vehicles.

•                     Residents of Briar Chapel expressed concern about the proposed connection between Farrington Preserve and Hawk Point Road.

•                     Concerns included increased cut-through traffic, congestion, emergency access, and impacts on existing neighborhood streets.

•                     Speakers also identified potential conflicts between increased vehicle traffic and the existing pedestrian and bicycle trail network.

•                     Some residents questioned the traffic assumptions used to estimate the amount of Farrington Preserve traffic that would use the Briar Chapel connection.

•                     Residents expressed concern that the proposed development consists of several residential pods separated by roads, streams, and other features, rather than one interconnected community.

•                     Concerns were raised regarding limited internal road connectivity and whether residents would have adequate access to community amenities.

•                     Some speakers questioned whether the proposed layout provides the walkability, mixed-use development, connectivity, and community gathering areas contemplated by the Compact Community Ordinance.

•                     Concerns were also raised that the affordable-housing areas could be physically separated from other portions of the development.

•                     Residents questioned the proposed reduction in commercial space compared with the requirements or expectations of the Compact Community Ordinance.

•                     Concerns were raised that the proposed commercial area may be insufficient to serve a development of the proposed size.

•                     Some speakers questioned whether the proposed commercial area functions as a true village center and whether it is sufficiently integrated with the residential areas.

•                     Residents objected to proposed reductions in required viewshed buffers along roadways.

•                     Concerns were raised that reducing the buffers could affect rural character, roadway views, and the visual transition between the development and surrounding properties.

•                     Speakers questioned whether sufficient justification had been provided for the requested buffer waivers.

•                     Residents questioned whether the proposed development provides sufficient internal parks, recreational facilities, trails, and community amenities for the number of proposed homes.

•                     Concerns were raised that future residents could place additional demand on nearby public parks or neighboring private amenities.

•                     Some speakers questioned who would pay for construction, maintenance, and replacement of community infrastructure and amenities over the long term.

•                     Residents expressed concern that infrastructure problems could create substantial future costs for homeowners, HOAs, or the County.

•                     Speakers cited experiences with Briar Chapel involving stormwater facilities, wastewater infrastructure, erosion, sinkholes, landscaping, and other ongoing maintenance costs.

•                     Concerns were raised about the financial responsibility for infrastructure repairs after homes are sold and the original developer is no longer involved.

•                     Some residents questioned whether adequate reserves, maintenance agreements, and long-term financial safeguards are included in the proposal.

•                     Concerns were expressed about emergency access to portions of the proposed development, particularly during flooding or other severe weather events.

•                     Residents questioned whether existing emergency-service resources are sufficient to serve another large compact community.

•                     Some speakers referenced concerns about law-enforcement staffing and emergency response capacity in existing large, unincorporated developments.

•                     Several residents expressed concern that granting multiple waivers or modifications could establish a precedent for future compact-community applications.

•                     Speakers questioned whether exceptions to commercial, buffer, connectivity, and other requirements would undermine the standards established by the Compact Community Ordinance.

•                     Residents urged the Board to evaluate whether each requested modification is adequately justified and consistent with the County's adopted regulations and planning policies.

•                     While most comments focused on concerns with the proposed development, one speaker spoke in support of the affordable-housing component and emphasized the need for additional housing affordable to teachers, first responders, healthcare workers, young families, and others working in Chatham County.

•                     Other speakers questioned the long-term affordability, location, environmental suitability, and financial implications of the proposed affordable-housing land donation.

•                     Questions were raised regarding the cost of developing the affordable units and the long-term financial responsibility for the donated property and associated infrastructure.

 

Chair Roodkowsky thanked those who spoke and explained the board normally discuss the First Plat subdivision but will place the subdivision aside and move onto zoning presentation from staff. The item was postponed for further discussion to October 6, 2026 Planning Board

meeting.

 

Planning Board resumed their review of the First Plat application during their October 6, 2026 meeting and voted 8-3 to recommend denial. A minority report was provided by those members voting against the motion and it is available on the planning website.

 

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 an area of the county identified as compact community and rural on the Future Land Use and Conservation Plan Map. The description for compact residential (stagey 5.2) area includes a mix of detached and attached residential units, single family and multifamily units complemented by a variety of open spaces. Community centers, amenities, recreational uses, schools, and churches may be part of the fabric. The streets have a connected system of local and collector streets with access to surrounding development. Open spaces include a range of large natural resource areas to small pocket parks and gardens. The description for rural areas includes low density development comprised with single family homes on large lots or in conservation subdivisions as well as some commercial buildings designed to protect function and form of rural character. Pastures, farms and forests dominate the landscape. Mix of uses include agriculture, large lot residential, supporting service uses, and home-based and small-scale businesses. Open spaces include conservation easements, protected lands, regional greenway trails, preservation sites, private space in large lot.

 

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 no 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 voted denial of the project by 8-3. The Planning Department recommends granting approval, contingent upon approval of the rezoning application, of the road names Fearrington Preserve Drive, Preserve Terrace, Helianthus Trail, Farmhouse Trail, Creekbend Court, Fritillary Court, Sulphur Drive, Harvester Road, Brushfoot Lane, Viceroy Court, Metalmarks Road, Robinia Road, Betula Lane, Quercus Court, Lindera Lane, Rudbeckia Road, and Passiflora Path and granting approval of subdivision First Plat as submitted with the following conditions:

 

1.                     The county attorney shall review and approve the contract and performance guarantee prior to final plat recordation.

 

2.                     The following development schedule shall be 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:9 Construction Plan submittal of Phase 1 within thirty-six (36) months of the First Plat approval with Final Plat Application submittal by January 1, 2031. Phase 2 Final Plat Application submittal by January 1, 2033, and Phase 3 Final Plat Application submittal by January 1, 2035.