Title
Vote to approve a request by Charles P. Koch, on behalf of Crown Estate Holdings, LLC for subdivision First Plat review and approval of Intrepid Reserve, consisting of 29 lots on 36.98 acres, located off US Hwy 15-501, parcels 2753
Abstract
Introduction & Background:
Zoning: R-1
Water System: Public
Sewer System: Private on-site and off-site
Subject to 100-year flood: No flood 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. 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 Intrepid Reserve, consisting of 29 lots on 36.98 acres, located off US Hwy 15-501. 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.
Historical: The applicant received comments from the Chatham County Historical Association. CCHA stated that a house located at the southeast corner of the site appears on the 1955 aerial photo. Additional documentation may be gathered if the house turns out to pre-date 1955. This house may be part of the J.B. Riggsbee Estate c.1916 Deed Book F-J Page 670 and the applicant was asked to look for unmarked graves, look for artifacts and to contact CCHA if any are found.
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 12, 2016, 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. 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. 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within 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." Taylor Burton, Stormwater Program Manager with Chatham County Watershed Protection Dept., reviewed the information submitted. Ms. Burton replied in a letter dated June 6, 2025, that the requirement has been met. Additional comments included any Allowable uses and Allowable with Mitigation uses in the protected riparian buffer will require a Buffer Authorization from Chatham County, all permits with wetland and stream impacts from NC Division of Water Resources, and the US Army Corps of Engineers will need to be obtained prior to receiving approval from Chatham County for a Grading Permit and Land Disturbing Permit.
Community Meeting: A community meeting was held on March 25, 2025, at Bradshaw, Robinson, Slawter, & Rainer, LLP (Hall-London House) located at 128 Hillsboro St., Pittsboro. Approximately eighteen (18) people attended the meeting. The attendees had concerns about the following:
* Stormwater pond/stormwater runoff and detention
* State and local SCM requirements
* Location of septic fields
* Building heights and square footage maximums
* Will there be an HOA
* Possibility of a 25' perimeter buffer
* Distance between existing wells and septic
* Home sizes/number of bedrooms
* Street lighting and home lights
* Price range of homes
* Types of septic systems
* Easement provided for Oak Island roadway
* Affordable housing requirement
Technical Review Committee: The TRC met on July 16, 2025, to review the First Plat submittal. Mr. Charles P. Koch, and Mr. Shawn Sidener, both with EarthCentric Engineering, Inc., were present. Mr. Koch gave a brief overview of the project. Mr. Koch stated there will be one-acre lots with public roads and individual septic. The property is heavily wooded, and the plan is to keep it that way, the mail kiosk is located near SCM 1 and will provide striping for pedestrian safety. No comments from staff.
Septic: A soils report was completed by Piedmont Environmental Associates, PA on September 23, 2016, according to the soils report. James Tiger, REHS Chatham County Environmental Health Onsite Water Protection Program Supervisor reviewed the soils report. Mr. Tiger stated in the email dated July 9, 2025, the proposal appears adequate based on the available information with the following considerations:
* Lots 4, 27, & 28 appear to have limited useable soils area for septic installation.
* The existing well setback on neighboring property, parcel 2750, may impact system permitting or type on Lot 2A.
* The existing well and septic system located at 114 Oak Island will need to be properly abandoned with application to and permitting by Environmental Health.
* Drip system lots will require additional work by a licensed soil scientist along with engineer design for permitting.
* Consider a 50' stormwater pond setback to prevent impacts to or reduction in useable soils areas.
Water: Public water from Tri River Water.
Voluntary Buffer: There is a 25' voluntary buffer along the north and west portion of the project. No disturbance is allowed within the buffer except (A) as reasonably necessary in the discretion of the owner for stormwater and/or septic improvements and appurtenances; and (B) periodic clearing of underbrush or removal of unhealthy trees. This voluntary buffer is not enforceable by the County.
Road Name: The road name Intrepid Reserve Drive has been approved by Chatham County Emergency Operations Office as acceptable for submittal to the Board of Commissioners for approval.
Existing Easement:
Oak Island Drive is an existing easement that provides access to several residents. The easement appears to have been created in 1979 and the easement meanders between parcel 2752 and the proposed project lots. Per the letter dated June 19, 2025, by Charles P. Koch, P.E. with EarthCentric Engineering, Inc. Mr. Koch stated the design team explored having the proposed subdivision accessed by Oak Island Drive, but realized it was not possible. Oak Island Drive would need to be widened/improved, and it would require consent from all, the easement meanders on to parcel 2752, and per the subdivision regulations the easement would not support an additional 29 lots.
All proposed lots that abut Oak Island Drive will not be allowed to use the private easement.
Water Features: Sean Clark with Sage Ecological Services, Inc. (Sage) completed a site visit on October 31, 2016, and identified one (1) surface waters within the review area that were potentially subject to riparian buffers. Mr. Clark and Mr. Drew Blake with Chatham County Watershed Protection completed the on-site riparian buffer and confirmed the findings of Sage personnel. An updated confirmation letter dated November 1, 2024, stated one (1) ephemeral segment. 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.
Stormwater and Erosion Control: There are two (2) proposed stormwater devices and as part of the stormwater permitting process additional information will be provided to the Watershed Protection Department during the permitting process. A Stormwater Permit and Sedimentation & Erosion Control Permit will be obtained from the Chatham County Watershed Protection Department prior to the Construction Plan submittal. No land disturbing activity can commence on the property prior to obtaining Construction Plan approval.
Site Visit: Site visits were scheduled for July 18 and July 21, for Planning Department staff and various board members to attend.
Pictures of the site visit can be viewed on the Planning Department webpage. Link: https://www.chathamcountync.gov/home/showpublisheddocument/73679
Planning Board Discussion:
Planning Board met August 5, 2025. Mr. Nick Robinson, with Bradshaw, Robinson, Slawter, & Rainer, LLP and Mr. Charles P. Koch, P.E., were present on behalf of the developer. Mr. Robinson stated this project is a by-right subdivision regulated by the subdivision ordinance and they were not asking for any rezoning or special use permit, and no discretionary decisions are needed for approval. If any additional information was needed about Oak Island, Mr. Robinson stated he could provide more.
The Board member discussed the following:
* Concerns about the septic fields on lots 2, 13, & 14, which are above a neighboring well. Response: Mr. Robinson stated this will be addressed by Chatham County Environmental Health Dept., the department will ensure everything is correct prior to issuing well/septic permit.
* Environmental Health listed a few items such as it appears lots 4, 27, & 28 may have limited useable soils area for installation; well setback on neighboring property, parcel 2750, may impact system permitting or type on Lot 2A; existing well and septic system located at 114 Oak Island will need to be properly abandoned; and consider a 50' stormwater pond setback to prevent impacts to or reduction in useable soils areas. Response: Mr. Koch stated, as for the 50' stormwater pond setback, the stormwater ponds have not been designed yet and we may have provided a larger area than needed and all of that will be worked out during the construction plan phase of this project.
* Will the 25' voluntary perimeter buffer be enforced by HOA? Response: Yes, the subdivision regulations do not require a buffer, but the developer agreed to place a buffer along the northern and western boundaries, per Mr. Robinson.
* Is a turn lane required? Response: Mr. Robinson said there are 29 lots, this project will have a very small amount of traffic even during peak hours. Mr. Koch said NCDOT did not warrant a turn lane for this project during their review.
* What will happen with the existing billboard? Response: Mr. Robinson said the existing billboards will be removed when it is time.
Public Hearing:
Two adjacent property owners spoke during the public hearing and had the following concerns:
* There were concerns with the community well, the drinking water, for Beechwood Cove neighborhood, with the proposal of 29 septic systems near the wells.
* Concerns about Oak Island, the residents realized that their road is not located within the easement and would like that corrected as part of the approval if possible.
* An adjacent property owner's well is located 15.5' away from the property line and has concerns about a 50' required buffer for a septic system running downhill into a their well.
* There are concerns about who maintains a stormwater pond once the developer leaves. What happens if there's runoff that goes into Pokeberry Creek and has concerns with their personal pond's health.
Mr. Robinson responded to the concerns stated there are regulations in place to address the concerns with wells, septic, and stormwater ponds.
How does this relate to the Comprehensive Plan: Plan Chatham was adopted by the Board of Commissioners in November 2017 and is a comprehensive plan that provides strategic direction to address the most pressing needs in the county. This project is located in a compact residential area (strategy 5.2) of the county on the Future Land Use and Conservation Plan Map. The description for compact residential is a mix of detached and attached residential units complemented by a variety of open space, mix use of single-family homes, attached units and multifamily units, community centers, amenities, recreational uses, schools, and churches may be a part of the area. 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 Staff and Planning Board by vote 6-3-1, recommend granting approval of the road name Intrepid Reserve Drive and approval of the First Plat as submitted with the following conditions:
First Plat for Intrepid Reserve - Recommended Conditions:
1. Approval of the First Plat shall be valid for a period of twenty-four (24) months following the date of approval by the Board of Commissioners and the Construction Plan approval shall be valid for a period of twenty-four (24) months from the date of approval by the Technical Review Committee or Board of Commissioners
2. The county attorney shall review and approve the contract and performance guarantee prior to final plat recordation.
3. Lots 3-10 shall not have ingress/egress to the private easement known as Oak Island Drive.
4. The 25' voluntary buffer along the northern and western portions of the project shall not be enforced by the County.
5. If shared driveways are needed within the project, Subdivision Regulation Section 7.4(B) .3 shall be applied.