Title
Vote to approve a request by Mark Ashness on behalf of Meritage Homes for subdivision First Plat review and approval of Whispering Creek, consisting of 238 lots on 288.6 acres, located off Bynum Ridge Rd (SR-1711), parcel 3025
Abstract
Introduction & Background:
Zoning: R-1
Water System: Public
Sewer System: Proposed Private Wastewater Treatment Plant
Subject to 100-year flood: Floodable Areas on Property
General Information: The subdivision process is a four (4) step process: Concept Plan, First Plat, Construction Plan, and Final Plat. The applicant has completed the community meeting and the Concept Plan review. This is a conservation subdivision and lot sizes and setbacks vary, but the method to calculate net density is outlined in the Subdivision Regulation, Section 5.2 C (4) (a) “During a First Plat review, the first Planning Board meeting shall include a Public Hearing to receive comment on the proposed subdivision.” Item (b) states “Following the Public Hearing, the Planning Board shall review the proposal, staff recommendation and public comments and indicate their recommendation for approval, disapproval or approval subject to modifications. If the Board recommends disapproval or approval subject to modifications, the necessary reasons or modifications will be specified in the minutes of the meeting.”
Discussion & Analysis: The request is for First Plat review and recommendation of Whispering Creek, consisting of 238 lots on 288.6 acres, located off Bynum Ridge Road, S.R. 1711.
Section 7.7 of the Subdivision Regulations, Conservation Subdivision - Alternative Standards for Development states in part “As an alternative to conventional layouts, Chatham County encourages the preservation of large, contiguous blocks of land…When a project voluntarily preserves Conservation Space in accordance with this Section, a project can increase the number of units that would be allowed on the overall property by ten (10) percent. Calculations of the density bonus shall be based on the applicable underlying land use regulations(s) dictating allowable development density...Land required to be protected under other regulatory provisions, such as riparian buffers and floodplain, are not permitted to be included in the Conservation Space calculation.” Please read the entire Section 7.7, Items A - N for a complete understanding of Conservation Subdivisions. Also, please refer to the Chatham County Conservation Subdivision Guidelines for Conservation Space Selection which is available on the Planning Department webpage under Ordinances and Regulations. A conservation subdivision requires that a minimum of 40% of the project area be retained as Conservation Space. A minimum of 80% of such Conservation Space shall be Natural Space and a maximum of 20% of the Conservation Space may be Open Space.
Density Calculations: The land required to be protected within a Conservation Subdivision under other regulatory provisions, i.e. riparian buffers and floodplain, is 22.2 acres. This amount (22.2 acres) was deducted from the total acreage of 288.6 acres to arrive at the net land available consisting of 266.4 acres. Based on the net land area the lot yield would be 293 lots with the 10% density bonus. The proposed project is 238 lots.
Conservation Space: Of the total project area of 266.4 acres, 22.2 acres includes riparian buffers and floodplain, leaving 232.2 acres to use in calculating the required conservation space. The regulations require a minimum of 40% conservation space equaling 92.9 acres and the site plan indicates this will be met. See the site plan for the breakdown and location of the Conservation Space. The developer allowed staff from the NC Natural Heritage Program to visit the proposed project prior to designing the subdivision layout. The area set aside for Conservation Space meets the requirement that 40% of the project area be retained as Conservation Space.
Natural Space: 80% of the Conservation Space is required to be Natural Space. The
Conservation Space Guidelines states “Natural space is unimproved land in its naturally
occurring state, or preserved to regenerate to its naturally occurring state, unaltered by
human activity, and preserved to maintain or improve the natural, scenic, ecological,
cultural, hydrological, or geological values of an area.” The site plan indicates this requirement will be met.
Open Space: A maximum of 20% of the Conservation Space may be Open Space, of the 266.4 acres designated as Conservation Space the site plan indicates this will be met. The ‘Guidelines’ state “Open space, as defined in the Subdivision Ordinance, allows amenities such as recreational uses and some non-intrusive common uses (e.g. when land application is not the preferred means of wastewater disposal, community septic systems are allowed in Open Space areas). Open space should be located as close to proposed development as practicable, taking into account considerations such as public safety and soil suitability.” See Section 7.7 (D), Items 1 - 8 for allowed uses in Open Space related to Conservation Subdivisions. All land disturbing activities associated with the Conservation Subdivision are subject to the full provisions of the Soil Erosion and Sedimentation Control Ordinance, regardless of the designated use or status of a given area.
Roadways: The roads are proposed to be public and built with a 20-foot-wide travel way and 60-foot-wide right-of-way with two entrances. The developer will coordinate with NCDOT on any additional road improvements that may be needed.
Trip Generation: A trip generation report was prepared for this project, and it is estimated that the development will generate approximately 2,243 total site trips during a typical 24-hour period with am peaks of 170 trips (46 entering and 124 exiting) and 219 pm trips (136 entering and 83 exiting).
Historical: The developer corresponded with Sy Robbins with Chatham County Historical Association (CCHA). Mr. Robbins in an email dated June 5, 2026, stated, “there are no known cemeteries or SHPO-listed historic structures on the property. It also notes that a subdivision from the mid-1970s named "Bynum Ridge" is already developed south of Bynum Ridge Road and immediately east of the proposed Retreat at Haw River. The CCHA requests that the baseline survey indicate the locations of houses, structures, and other features of note found in the field and seen on the 1938 and other historic aerial photos. (The deed history indicates that the subject parcel was once part of Lucian S. Burnette's homeplace (see 379/621), probably dating from the 1890s (see C-M/7 & C-R/190), but his house is believed to have been located east of the subject parcel.) The presence of Pokeberry Creek along the western border of the property increases the probability of past Native American habitation; the CCHA suggests that the Office of State Archaeology be contacted to see if prior studies have been conducted in the area.
Schools: Notification of the proposed development was provided to the Chatham County School System.
Environmental Impact Assessment: The developer submitted the Environmental Impact Assessment, and it was peer reviewed and deemed complete by Johnson, Mirmiran & Thompson (JMT) on June 4, 2026.
North Carolina Department of Natural and Cultural Resources Natural Heritage Program (NCNHP) letter dated January 23, 2026, states “A query of the NCNHP database, indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Per the NCNHP letter it states, “rare species and natural communities 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.” Some of the element occurrences documented within the project area are Piedmont Alluvial Forest and Buttercup covillei. Natural areas documented within the project area Haw River Levees and Bluffs. Elements occurrences documented within one-mile radius are Septima’s Clubtail, Yellow Lampmussel, Cape Fear Shinner, Dry-Mesic Oak Hickory Forest, Dry Basic Oak Hickory Forest, Mesic Mixed Hardwood Forest, Piedmont Alluvial Forest, Piedmont Levee Forest, and Buttercup Phacelia. Natural areas documented with one-mile radius of the project area are Haw River Levees and Bluffs, Big Woods Road Upland Forests, CPF/Haw River Aquatic Habitat, and Lambeth Mountain. Managed areas documented within one-mile radius of the project area are Bynum Community Park, Chatham County open space, Lower Haw River State Natural Area, NC Division of Mitigation Services Easement, and Lower Haw River State Natural Area Dedicated Nature Preserve.
The Species Conclusions Table included Tricolored Bat, Red-Cockaded Woodpecker, Monarch Butterfly, Harperella, Bald Eagle, and critical habitat.
The NC Dept. of Natural and Cultural Resources letter March 11,2026, stated, “no
historic resources which would be affected by the project. Therefore, we are not requiring any archaeological or architectural survey and have no comment on the project as proposed.”
Ownership / Management of Conservation Space: Section 7.7 (F) of the Subdivision Regulations requires that the applicant identify the current and intended future owners(s) of the Conservation Space and who will be responsible for maintaining the area / facilities. Per the Draft Conservation Management Plan the Natural Space and the Open Space will be maintained by the Homeowners Association. Section 7.7 (G) requires that a management plan for the Conservation Space be submitted to and approved by the County. A copy of the draft plan has been provided by the applicant. Per Section (G) “Upon initial approval of the management plan by the County, changes to the plan shall be allowed only when approved by the County Board of Commissioners.” Section (H) requires that the Conservation Space shall be protected in perpetuity by a binding legal document that is recorded with the deed upon review and approval by the County. The applicant has provided a draft copy of the deed which will convey the Conservation Space to the third party (homeowners association) and has included a draft copy of the Declarations of Covenants and Restrictions. Prior to final plat recordation, the county attorney shall review and approve the form of the Management Plan, the Declaration of Covenants and Restrictions, and the deed for the Conservation Space.
Community Meeting: A community meeting was held in-person December 18, 2025, at Chatham County Public Library, 197 NC Hwy 87N. Approximately nine people attended the meeting.
Some concerns and/or comments:
• Additional traffic on Bynum Ridge Rd
• A desire to lower speed limit on Bynum Ridge Rd.
• Is a traffic study required?
• When will construction begins?
Technical Review Committee: The TRC met on July 15, 2026 to review the First Plat submittal and the applicant Mark Ashness and Jack Ritchie were present. Mr. Ashness provided a brief overview of the proposed project. He stated the project site is north of Bynum Ridge Rd across from The Retreat at Haw River. This area is where the County strongly encourages conservation subdivision designs. The land has previously been laid out with large estate lots with an existing road, one of which is owned by Tony Golden. They have coordinated with Mr. Golden about access and potential gating during construction. The clustered development on flatter areas, steeper grades toward the ridge, reuse of existing stream-buffer crossings, improved access to the Golden property, Tri-River water service, an on-site wastewater treatment system with dispersed soils areas, and a centrally located amenity area the design closely follows the pattern of other conservation subdivisions.
The following items were discussed during the TRC meeting:
• Signage for the development and lighting throughout the development
• Mail kiosk location
• Parks and Rec Dept would like to coordinate a possible trail easement connection along Pokeberry Creek which is part of the Parks and Recreation Master Plan
• Old road segments that don’t align with the current layout shall be located and need to be shown on the existing-conditions map
• Culverts will likely need to be upgraded.
• What will happen to the large unused loop road, whether it will be blocked off, allowed to naturalize, or used during construction. Mr. Ashness stated it may become part of a trail network but otherwise would be left to naturalize.
• The asphalt spur will be removed and later evaluated for possible trial.
• Concerns with location of the wastewater treatment plant regarding the wind and proximity of the amenity area. Mr. Ashness explained the system will use Advantech membrane/drip treatment rather than traditional aeration, meaning odor issues are not expected.
• Several road names on the plan need to be corrected: Whispering Creek Court should be the full name for the main entrance, Longleaf Grove Drive should also be a single continuous name, Road D will need its own separate name, and Rolling Pasture Road must have a distinct name where it branches off.
Septic: A soils report and map by Soil & Environmental Consultants, Inc. is provided in the EIA (Exhibit 2) and the details of the private wastewater treatment plant are provided in the EIA (Exhibit 36).
Water: Water will be public and provided Tri River Utilities.
Road Name: The road names Whispering Creek Court, Laurel Fork Lane, Sycamore Hollow Road, Riverstone Bluff Way, Millstone Meadow Way, Red Clay Court, Brick Kiln Hollow, Heron Bend Lane, Fox Den Hollow, Rolling Pasture Road, Longleaf Grove Drive, Pecan Branch Lane, and Springhouse Ridge have been approved by Chatham County Emergency Operations Office as acceptable for submittal to the Board of Commissioners for approval.
Water Features: Joshua Harvey with Soil & Environmental Consultants, Inc. (S&EC) submitted the Riparian Buffer Review Application and Riparian Buffer Map, to Drew Blake, Watershed Protection Asst. Director and Phil Cox with Watershed Protection Department for review. S&EC previously visited the site and found the following three (3) ephemeral segments, seven (7) intermittent segments, three (3) perennial segments, six (6) potential wetlands, and a mapped FEMA Floodplain on the property. Mr. Cox and Mr. Harvey visited the site March 17, 2026. Mr. Blake’s confirmation letter dated March 27, 2026, states two (2) ephemeral segments, seven (7) intermittent segments, three (3) perennial segments, six (6) potential wetlands, and a FEMA mapped floodplain were identified. The ephemeral streams require 30-ft buffers, the intermittent streams require 50-ft buffers, the perennial streams require 100-ft buffers, and the wetlands require 50-ft buffers from all sides landward. An email dated February 27, 2026, stated the JD request has been submitted to the Army Corp of Engineers. The developer shall provide all permits at the construction plan submittal.
Stormwater and Erosion Control: Approximately eight stormwater devices are 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.
Development Schedule: Projects with 50 lots or more are required to have a development schedule. This project shall have 36 months from First Plat approval to submit Construction Plan for Phase 1.
Development schedule as follows:
Phase 1 Final Plat submitted by January 1, 2029
Phase 2 Final Plat submitted by January 1, 2031
Site Visit: Site visits were held on July 28 & 30, 2026. Pictures of the site visit can be viewed on the Planning Department webpage at www.chathamcountync.gov/planning <http://www.chathamcountync.gov/planning>, Rezoning and Subdivision Cases, 2026.
Planning Board Discussion: The Planning Board reviewed this application during their August 4, 2026 meeting. Mr. Mark Ashness with LJA, Ms. Caroline Cheeves with DRMP, and Mr. Mason Montgomery with S&EC was present on behalf of Meritage Homes and Mr. Bill Robinson with Meritage Homes was present. Mr. Ashness gave a brief presentation. Mr. Ashness said the property sits within a Chatham County land-use area specifically designated for conservation subdivisions, which is why staff directed his team away from a conventional development concept and toward a conservation model that aligns with two nearby projects they previously designed. Those projects are The Retreat at Haw River to the south and the Strowd conservation subdivision to the north, creating a continuous, environmentally protected corridor where each project preserves between 55% and 70% of the land, forming a large, connected open-space network along Pokeberry Creek and down to the Haw River. The land was once platted into 10-acre estate lots in 2007, with roads partially built and three stream-buffer crossings already installed; the new design intentionally reuses those exact crossings to avoid creating any new buffer impacts and removes an existing paved road on a steep slope so the area can re-naturalize rather than being developed unsafely. Most homes are placed in the western side of the tract, while the steeper eastern ridge is left largely undeveloped except for a connection road with no houses along its most sensitive stretch. The wastewater system will be a permitted pretreatment system with no odor, no aeration ponds, and subsurface drip dispersal along with designated repair areas, including one relocated at the request of the Golden family, who own a metal building on the site. Mr. Ashness also notes the property’s long history under the Danek family, who have owned it since the early 1800s except for six years when a failed 2007 development briefly took possession, and he mentioned old homestead sites still visible on the land. He further outlined existing utility corridors, including north-south power lines and east-west gas lines, and identified the planned amenity area located just west of the power line as a community hub featuring a pool, pickleball courts, a shelter, and the neighborhood mail kiosk.
Mr. Ashness explained that the project is designed so that nearly all of its preserved landforms one continuous band of open space encircling the development, with only a single break where a road crosses the corridor; because the county requires at least a 50-foot width for open-space contiguity and the design meets or exceeds that everywhere, he estimates that roughly 75% of all preserved land functions as one uninterrupted ecological system.
First Plat Public Hearing:
• Concerns about the traffic and NCDOT stated Bynum Ridge Rd is 55 mph and the road could serve up to 20,000 car trips a day and no immediate plans to resurface the road or any improvements to the shoulders.
• Reduce the speed limit on Bynum Ridge Road.
• High volume of traffic, 20 years ago one car every 15 minutes today it’s one car every 2 minutes.
Planning Board members discussed the following items:
• Will the wastewater treatment plant have ponds? Mr. Ashness stated with a subsurface system you can still move water through the soil in saturated ground conditions. These types of systems are designed not to have storage ponds.
• What kind of grading or clearing will be required for the septic treatment areas? Mr. Ashness said the secondary wastewater-dispersal areas are essentially reserved backup zones: half of those areas will remain completely untouched unless, at some point far in the future, additional acreage is needed for system repairs or expansion. The primary drip-dispersal areas will be cleared so the drip system can be installed, but the ground itself will remain in its natural condition with no grading or reshaping of the terrain.
• Explain the methodology and how you arrived at the numbers provided in the traffic study. Ms. Cheeves with DRMP stated the traffic studies are conducted by first identifying the true peak hour of roadway demand, which requires collecting two hours of turning-movement counts during the typical peak windows of 7-9 a.m. and 4-6 p.m., then determining the specific 60-minute period, often around 7:30 or 8:00 a.m. when traffic is heaviest. That observed peak hour becomes the basis for establishing existing conditions, which are then projected to the development’s build-out year using a compound annual growth rate before adding the new trips generated by the proposed development. Although the peak-hour totals may appear straightforward (such as 170 a.m. trips or 219 p.m. trips), they must be decomposed into entering and exiting vehicles and further distributed by turning direction and driveway choice, for example, the 170 a.m. trips consist of 46 entering and 124 exiting vehicles, each assigned to specific movements within the network. After distributing all development traffic and combining it with future background growth, our analysis shows that the heaviest future segment of Bynum Ridge Road would carry roughly 3,400 vehicles per day, well below the typical 10,000-vehicle daily capacity of a two-lane roadway. For context, Jack Bennett Road currently carries about 3,500 daily trips according to NCDOT, which aligns closely with the projected future volumes expected once the development and Haw River phases are fully built out along Bynum Ridge Road.
• Ms. Cheeves added that neighbors submitted written concerns about safety and roadway conditions, prompting the development team to contact NCDOT, which already has the full traffic study and will ultimately be responsible for reviewing and approving the site plan. NCDOT will not authorize any design that fails to meet required sight-distance standards and would require the developer to implement mitigation if deficiencies are found. After receiving the neighbors’ comments, the team also reached out to the district engineer, who confirmed that NCDOT is aware of existing issues along Bynum Ridge Road and is evaluating a potential resurfacing project. Although no schedule has been set, NCDOT has acknowledged that the corridor may need improvements such as widening in the future.
• Some of the homes will be close to the gas pipelines, both Colonial and Cardinal, will these homeowners be given information about the risk of living next to it? Mr. Ashness said yes and as you know this is not the only location in the county that has this issue.
• Chatham County Historical Association suggested reaching out to the Office of State Archaeology, because of all this land along Pokeberry Creek occupied by Indigenous people, had anyone reached out to that office? Mr. Mason Montgomery with Soil & Environmental Consultants, Inc. said he has submitted an environmental review request to the State Historic Preservation Office. They reviewed it internally with the Office of State Archaeology and they did not recommend a comprehensive archaeological survey, and he also documented all the existing structures on site, and they didn't have any recommendations.
• US Fish & Wildlife raised the issue of whether the old buildings are going to be demolished and have them surveyed or the Northern Long-eared and Tricolored bats, have these been investigated? Mr. Montgomery said as of right now there is no current federal action for this project until they apply for a permit to modify the existing culverts. At that time, they would engage in consultation. Essentially, right now, a report has been submitted to them. There is no federal action, and they will not provide a review until there is. At that time, that's when we would go out and do bat surveys on culverts being removed, bridges being modified, structures being removed. When we engage in consultation, it will be during section 404 and 401 permit review process. That's when Fish and Wildlife will have a back-and-forth discourse with the Army Corps of Engineers and the consultant, which would be myself.
• Some board members believe this subdivision does not meet the goals for the conservation subdivision guidelines. There are no primary areas, and the secondary areas are fragmented and separated by roads, the houses, drip areas, and bisected by Duke Power and two gas line easements. This is hilly land and currently forested with pine and mixed hardwoods and there are a lot of streams and wetlands.
• Some board members believe having several conservation subdivisions flowing into each other is a good thing.
• There are concerns about the speeding on Bynum Ridge Road and suggested a reduction in speed or have the sheriff deputies placed on the road.
The board voted 7-2 and one member recused themselves from voting.
The Chair asked the Board if they wanted to address the issues about the speed limit on Bynum Ridge Rd and inform the Sheriff’s Department. A minority report prepared by the members voting against the development was provided to planning staff and has been posted online.
The Planning Board made a motion to recommend the Board of Commissioners to take steps in order to significantly reduce the speed limit on Bynum Ridge Road, motion passed unanimously. At the time these notes were prepared, NCDOT had already been contacted about evaluating the speed limit on this road and a letter is attached confirming that the speed limit will be reduced from 55mph to 45mph.
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 in an area of the county identified as conservation on the Future Land Use and Conservation Plan Map (Strategy 5.2). The description for conservation includes single family detached lots and attached units with overall very low density, some tourism related uses allowed. Passive recreation areas, greenway trails, and a variety of valuable natural resource areas. Conservation subdivisions are encouraged to protect nature resources while not disrupting agricultural practices. 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 some 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 Department and Planning Board by vote of 7-2 (1 member recused) recommends granting approval of the road names Whispering Creek Court, Laurel Fork Lane, Sycamore Hollow Road, Riverstone Bluff Way, Millstone Meadow Way, Red Clay Court, Brick Kiln Hollow, Heron Bend Lane, Fox Den Hollow, Rolling Pasture Road, Longleaf Grove Drive, Pecan Branch Lane, and Springhouse Ridge and granting approval of subdivision First Plat as submitted with the following conditions:
1. Prior to final plat recordation, the county attorney shall review and approve the form of the Management Plan, the Declaration of Covenants and Restrictions, and the deed for the Conservation Space.
2. The county attorney shall review and approve the contract and performance guarantee prior to final plat recordation.
3. 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: Construction Plan submittal of Phase 1 within thirty-six (36) months of the First Plat approval with Final Plat Application submittal by January 1, 2029. Phase 2 Final Plat Application submittal by January 1, 2031.