Title
Vote to approve a request by Chad Abbott on behalf of Ricky Spoon, Julian and Jayne Clark for subdivision First Plat review and approval of Pine Tree Creek, consisting of 11 lots on 21 acres, located off Sugar Lake Road (SR-1714), parcels 17291 & 95037
Abstract
Introduction & Background:
Zoning: R-1
Water System: Private
Sewer System: Private on-site and off-site septic
Subject to 100-year flood: No floodable areas 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 1.5 acres 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 Pine Tree Creek, consisting of 11 lots on 21+/- acres, located off Sugar Lake Road. 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.
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 are shared driveways proposed within the subdivision and the shared driveways shall follow Section 7.4 (B) in the Subdivision Regulations.
Historical: The applicant contacted Sy Robbins with Chatham County Historical Association (CCHA). Mr. Robbins provided a narrative that stated, the parcel lies between what was the Raliegh Road (on the South) and the McClenahan Road (now Sugar Lake Road) on the north). The parcel once contained the 19th Century house of Joseph D. Brasington, which is visible in the 1938 aerial photo. The estate passed to Brasington’s daughter Cornelia, the wife of Wm E Griffin, around 1888. Their daughter Mattie, wife of Richard E. Clark, inherited the estate in 1936, and it remained in the Clark family since. The structures on the property appear to have been destroyed after 1955, probably as the result of timbering activities after 1977.
Schools: Notification of the proposed development was provided to the Chatham County School System.
General Environmental Documentation: The developer submitted the General Environmental Documentation, and a letter dated September 19, 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 indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary.
‘Potential Occurrences’ table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report.
Element Occurrences within 1-mile radius of the project:
• Septimia’s Clubtail (Significantly Rare)
• Brook Floater (Endangered)
• Yellow Lampmussel (Endangered)
• Cape Fear Shiner (Endangered)
• Floodplain pool
• Mesic Mixed Hardwood Forest
• Piedmont Levee Forest
• Buttercup Phacelia (Significantly Rare Throughout)
Natural Areas within 1-mile radius of the project:
• Haw River Levees and Bluffs
• CPF/Haw River Aquatic Habitat
Managed Areas within 1-mile radius of the project:
• B. Everett Jordan Dam and Lake
• Chatham County Open Space
• Lower Haw River State Natural Area
• NC Division of Mitigation Services Easement
• Haw River Levees and Bluffs Registered Heritage Area
• Lower Haw River State Natural Area Dedicated Nature Preserve
If a Federally listed species is documented within the project area or indicated within a one-mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance.”
Taylor Burton, Watershed Specialist, reviewed and approved the information submitted.
Community Meeting: A community meeting was held on January 20, 2025, on site. Twenty-one people attended the meeting. Items discussed:
• Well water location
• Traffic at Sugar Lake and Mt. Gilead
• Wetland marked accurately and respected
Technical Review Committee: The TRC met on September 17, 2025, to review the First Plat submittal. Mr. Chad Abbott with C3 Design & Engineering and Mr. Ricky Spoon, Developer were present, and Mr. Abbott gave a brief presentation. Items discussed included the following:
• Be mindful of the home site placement, so there is room for accessory structures if the homeowners are looking to do that in the future.
• Will street lighting and subdivision sign be proposed? Response: There will not be any street lighting and no monument sign because there is not enough room on the Right-of-Way for a sign.
• Shared driveways will reduce stream impacts, asked that the plat show the crossing orientations.
• Be sure the curve of the public road does not cross in the neighboring property. Response: The curve in the public will not cross the property line.
• May want to add a 10’ or 15’ bump out to give room for the dissipator pads with the shared driveways.
• All stormwater conveyances shall be in an easement.
• Will the homeowners be informed of the buffers on the property? Will they be willing to place some signage near the buffers to keep people from disturbing them? Response: New homeowners will be informed of the buffers and yes, they are willing to place signage.
• A driveway permit and plat review will be needed for Construction Plan submittal.
• Soils report shows drip soils at west end of property, contradicting language on first plat. If drip soils are identified, additional soils work by soil scientist and engineered design will be required for permitting.
Septic: A soils report and map were submitted to James Tiger, Chatham County Environmental Health Director, for review. Mr. Tiger stated, Soils report shows drip soils at west end of property, contradicting language on first plat. If drip soils are identified, additional soils work by a soil scientist and engineered design will be required for permitting.
Water: Individual wells are proposed.
Road Name: The road name Pine Tree Creek Ln has been approved by Chatham County Emergency Operations Office as acceptable for submittal to the Board of Commissioners for approval.
Water Features: Dylan Warren with Terracon submitted the Riparian Buffer review application along with a riparian buffer map to Watershed Protection Department. Kylie Walker and Melissa Michell of Freese and Nichols (FNI) representing the Chatham County Watershed Protection Dept completed an on-site riparian buffer review on February 18, 2025, for parcel 17291 and on April 10, 2025, for parcel 95037 to verify the consultant’s findings. On May 12, 2025, Drew Blake issued a confirmation letter of the findings which stated one (1) ephemeral segment, four (4) intermittent segments, three (3) perennial segments, and five (5) potential wetlands. 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 September 23, 2025, for Planning Department staff and various board members to attend. Chad Abbott with C3 Design & Engineering was present to walk the property with staff and Board members and to discuss the project. Pictures of the site visit can be viewed on the Planning Department webpage at www.chathamnc.org/planning <http://www.chathamnc.org/planning>, Rezoning and Subdivision Cases, 2025.
Planning Board Discussion on October 7, 2025:
The Planning Board reviewed the request during their regular meeting on October 7, 2025. Mr. Chad Abbott, P. E. and Ricky Spoon, Developer were present to provide an overview of the project and answer questions from the board. Mr. Abbott gave a brief presentation of the overall project; he explained the minimum lot size is 1.5 acres and the overall average for this project is 1.77 acres. There will be wooded areas remaining on this property and with the septic soils, the environmental features, and the road placement, they do not have any homes that will be near any of the project borders, per Mr. Abbott. By the nature of this layout there is a significant perimeter buffer from the adjacent properties. The Board asked questions about the split lots for lots 2 & 2A and lot 5 & 5A. Mr. Abbott explained we needed to do that due to the way the road is configured and the available septic soils. Will homeowners be informed about the buffers? Mr. Abbott stated yes, the homeowners will know about the stream buffers and to preserve them and there will be a note on their plat. Lot 7 has off-site septic because of the extenuated buffer requirements in Chatham County and septic soils cannot be used within a buffer, we had to have an off-site septic.
During the public hearing there were concerns about the following:
• The water runoff and how it’s collected once the trees are removed for development.
• The developer promised to place a buffer between 987 Sugar Lake Road and the development, but it’s not reflected on the plan.
• Subdividing the land will contribute to erosion, flooding, and water contamination.
• Traffic and road safety on Sugar Lake Rd, with 11 residential lots will substantially increase traffic and potentially compromise safety for existing residents and wildlife.
• A traffic impact analysis should be completed.
• The impact to the environment like hawks, eagles, owls, and woodpeckers that live on the property.
• Riparian buffer shows a 100’ buffer and the storm from July of this year the flooding went beyond the buffer.
• The impact on septic systems on lots 7-9, and lot 7 septic being offsite, what happens to the stream when the pump stops working.
Planning Board Discussion included the following:
• There are a lot of water features on the proposed project and the unknown of the septic areas.
• Can septic go into the riparian buffer areas? Environmental Health Department follows state regulations and if there’s not enough soil for septic Environmental Health works with Watershed Protection Department and sometimes a lot may be lost.
• Has the Army Corps of Engineer gone to the property? No, the documents have been submitted and will be required at Construction Plan submittal.
• The lots need to be reconfigured and possibly reduce the lot county.
• Flooding concerns. The flooding that occurred with tropical storm Chantel will happen again.
Mr. Abbott responded to some of the concerns. He stated that crossing the streams is allowed with approval by the Army Corps of Engineer. Tropical storm Chantel was an abnormal storm event and should not be used as metric for everything. Under normal circumstances the creek has hardly any water in it, the day of the site visit there was no water in the creek. The Planning Board postponed the project to November 4 and asked the developer to evaluate revisions to the layout.
Per Mr. Chad Abbott’s letter dated 10/24/2025, no changes were made to the plat. Mr. Abbott’s letter addressed some of the concerns discussed during October 7th Planning Board meeting. Regarding concerns about the subdivision layout and stream/buffers on some of the lots, Mr. Abbott’s comments included
• the availability of suitable septic soils
• increased stream buffer widths and environmental protection standards requiring buffers around wetlands
• post- development stormwater treatment requirements that dictate road locations and design due to having to capture the impervious areas from the road also coupled with having to forfeit developable areas to make room for treatment devices.
Mr. Abbott stated, given the constraints listed, the only viable option is to proceed with the current design and there is no room for changes. Mr. Abbott stated the locations of the buffers do encroach well into the lots which forces the proposed septic areas to be well above those locations of the neighboring properties. A map has been provided to show the locations of the buffers, septic areas, and homes relative to the elevation of the stream. Comments included that the septic systems are permitted by the county and we rely on their expertise to design the system according to the state law and all applicable environmental protection standards.
Planning Board Discussion on November 4, 2025:
Planning Board met November 4, 2025. Mr. Chad Abbott with C3 Design and Engineering and Mr. Ricky Spoon, developer were present. Mr. Abbott stated no disrespect to the board by not changing the layout from last month’s meeting. These plans have gone through several months of review with County staff prior to the Board reviewing the plans. He explained that anytime he receives comments from the Planning Board, if it’s feasible, tries to make adjustments. Due to the constraints that are already on the property and the number of iterations we have already been through on this project we were unable to make any changes.
Mr. Abbott stated he provided a map with respect to the elevation and flood waters that were mentioned by neighbors. The home locations are not closer or in danger of flooding from the stream that is located on the east side of the property. Regarding the concerns about the septic fields, Mr. Abbott said, we pay soil scientists to provide soil maps that dictate suitable soils and then they design those septic systems, and the septic is permitted by the county. Mr. Abbott concluded we started this project one year ago and we have worked with all the different departments of staff to come to this point. There have been several different iterations that you may not be aware of because this board sees the final product, but we have done a lot of work to get this project to where it is today.
Board discussion included:
• Provide clarification of the topography map that was provided in the packet since there were concerns the septic fields being susceptible to flooding or leeching into the creek. Mr. Abbott explained to the Board the elevation of the property and how it relates to the project proposed septic fields and the location of the creek. It appears Lot 7 septic field is on a steep area, Mr. Abbott stated yes, that is the location of the suitable soils. A soil scientist will have to design the system and if they cannot make that work they will lose a lot.
• Concerns about more storms like tropical storm Chantel will be coming and the flooding in the area.
• Off-site septic being located next to the riparian buffer.
• Proposed a berm be installed along the water riparian buffer, this will help with all the concerns about septic areas near the creek. Mr. Spoon stated if Environmental Health allows a berm, he would be willing to install them.
Public input included:
• A 100’ riparian buffer was not a requirement when their home was built, the requirement at the time was 50’ buffer and now they are experiencing near flooding conditions.
• How many trees will be removed for septic and has an arborist assess the area?
• A berm should stop the erosion; this is a good idea.
• There are quite a few storms that we have had in the past 30 years, comparable to tropical storm Chantel. Expectations are that there is going to be an acceleration of these large storms because of climate change.
• You can't disregard the fact that the general theme seems to be that most people are coming off as not overwhelmed and enthusiastic about the current subdivision design. Are there other options?
• This board is constrained by current regulations, which are set by whom? Is that the Senate Bill 382? Do we need to make our concerns known to the state legislators, is that correct?
• Speaking as a homeowner, when development is being proposed and it comes before this board, or the commissioners, it is not clear what our options are.
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. 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 Staff and Planning Board by vote 9-2 recommend granting approval of the road name Pine Tree Creek Ln and approval of the 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. 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.
3. All shared driveways shall follow the road standards in Section 7.4 (B).
4. All flag lots shall have a minimum of 30’ wide the entire strip until the individual lot widens.
5. No septic areas shall be shown within the riparian buffers.
6. All shared driveways shall be a minimum of 30’ wide, the entire access.