Calico Cluster Development: Public Information Reveals Issues
By: Wise News Network Staff
CHERRYVILLE, NC (WNN) – The City of Cherryville is planning for population growth. With new housing developments on the horizon, residents and city officials are preparing for the future of this small city.
It might not remain small for long. Multiple housing developments have been proposed since 2020. Notably, the Calico Creek cluster development on Requa Road is in the early stages of construction.
As construction progresses on Calico Creek, questions have emerged regarding inconsistencies in the planning procedures. Although the project began in 2022, recent updates have stirred questions in the community.
Most of the inconsistencies stem from the presentation of the final plat for the first phase of the cluster development.
On April 8, 2024, Wise News Network (WNN) attended a Cherryville city council meeting where the Calico Creek phase one plat was approved. Representatives from Meritage Homes, the development company, participated in the meeting.
WNN found discrepancies between the approved plat and the one provided in the meeting materials.
WNN receives the agenda materials for city council meetings in advance. After the meeting, WNN shared the plat from the agenda packet on social media but later learned it was incorrect. This led to a deeper examination of the project.
Starting the Project
The developers began the project in April 2022. An inconsistency WNN discovered early in this investigation revolves around the developer’s identity. Although Meritage Homes representatives attended the April 8, 2024, city council meeting, they did not propose the project.
Robert Johnson, a Cherryville resident, proposed Calico Creek under his development company, Carolina Home Company, Inc. The developer initially named the development Cherryvale.
On April 20, 2022, Johnson submitted a request to rezone and annex 160 acres off Requa Road for over 500 single-family homes. On June 12, 2022, Alex Blackburn, the planning and zoning director at the time, presented this request to the city council.
On June 20, 2022, the planning and zoning board met to discuss the annexation and rezoning of the 160 acres. The board unanimously approved the annexation and rezoning in a 3-1 vote.
The 160 acres had various zoning classifications, ranging from R-40 (Rural Residential District) to R-15 (Single Family Residential). Johnson requested rezoning to R-9 Cluster Development, which would allow for lot sizes of 6,000 square feet. The lot size is necessary for the proposed development.
During the June 2022 city council meeting, the council unanimously voted to review the annexation of the land beyond the city’s borders. Legal annexation is when a municipality expands its boundaries to include adjacent unincorporated areas.
City Clerk Paige Green conducted the review, and the city council approved the annexation at its August 8, 2022 meeting.
A public hearing to discuss the rezoning started at the city council meeting on August 8, 2022. Cherryville residents, the planning and zoning director, and the developer commented on the proposed development.
According to the meeting minutes from that day, nearly half a dozen residents expressed concerns regarding the cluster development. Most of the concerns revolved around traffic and potential environmental hazards during construction.
During the August 2022 city council meeting, Malcolm Parker, a council member at the time, asked Johnson if he was the developer. Johnson responded that he was the developer and that he could address any concerns from the public.
The city council’s discussions were inconclusive, leading to the continuation of the public hearing. It resumed and gained approval during the September 2022 city council meeting. The city council approved it in a 3-1 vote.
Final Plat Proposal
After the zoning and annexation were approved, this neighborhood had a lull in development. However, in April 2024, representatives with Meritage Homes attended a city council meeting to have a final plat approved for the first phase of this project.
In the April 8, 2024 meeting, Richard Elam, the current planning and zoning director for Cherryville, stated that Meritage Homes is “now” fully invested in the project. They appeared before the council to answer any questions about the final plat.
“I’m not sure the date this project started, but I know for the last eight months, myself, the city manager, the fire chief, and the director of public works have put a lot of hours into [the final plat],” said Elam.
Elam said the city council should have received a physical copy of the final plat in their mailbox the week before the meeting. They received a digital copy on the day of the April 2024 council meeting.
No other version was presented to the public besides the one in the agenda packet during this meeting. WNN assumed the approved version was the same as the one in the agenda packet, as these packets usually contain all necessary information for city council meetings.
Upon reviewing the site map in the agenda packet, WNN discovered that Carolina Home Company, Inc. was printed at the bottom, which indicated that the plat in the agenda packet was not the final plat.
Another indication that information in the agenda packet was incorrect is that it is not a plat. It is a site plan.
A site plan differs from a plat because plats should have more detailed information regarding infrastructure and be submitted to the County to be recorded. Site plans propose the general layout of a neighborhood.
However, the site plan is referred to as the final plat in the agenda packet and meeting minutes.
Developer Controversy
Upon further investigation into Carolina Home Company, Inc., WNN discovered that Carolina Home Company, Inc. was suspended by the State of NC by the order of the NC Department of Revenue on December 19th, 2023.
Robert R Johnson is the principal agent for Carolina Home Home, Inc with an office address at 711 E Main Street, Cherryville NC 28021 per the NC Secretary of State.
When the state suspends a company, they are no longer allowed to conduct business under that entity. Carolina Home Company appeared to be no longer involved in the project, as Meritage took over the development.
WNN contacted Meritage Homes with questions regarding its involvement and received an email response on April 12, 2024. Tracie Bober, the Senior Marketing Manager for Meritage Homes Charlotte, stated that Meritage has been involved since 2023.
“Meritage Homes is the developer,” said Bober in an email.
However, a phone conversation with Johnson on May 21 contradicted this interaction. Johnson said he is the developer and Meritage Homes is the builder.
“We are the developers, What happens is, we acquire the land and title the land, engineer the property and then sell it to a builder who is going to construct homes,” said Johnson.ย
WNN contacted Elam about the two plats in question. In a letter, Elam said, “Carolina Homes only shows on this plat because they were the original builder and started the project.”
WNN attempted to contact Klayton Hahn, a Meritage Homes representative, regarding their involvement in the project. However, WNN received a response from Havas Formula public relations agency that Meritage could not comment on the issue.
On June 5, 2024, the WNN team caught up with Johnson and inquired about clarifying who the developer is. Johnson defined what a developer is to him.
Essentially, Johnson considers his company the developers because he is responsible for acquiring the land, selling it to Meritage Homes and ensuring it is ready for construction.
WNN also inquired about the status of his company, Carolina Home Company, Inc. Johnson said he did not know the state had suspended his company.
Plat Confusion
Elam provided a separate plat from his office, signed by the Meritage Homes representatives, the city clerk, and himself. He did not include this plat in the agenda packet. The biggest difference between this office plat and the one in the agenda packet is the number of homes depicted.
The office plat showcased approximately 80 proposed lots, recorded with Gaston County and visible on the Gaston County GIS. Elam’s explanation stated that the agenda packet contained an enlarged version of the first phase of the subdivision on Requa Rd.
“Page 1 is a larger plat of some of the project on Requa Rd. It is what was sent out with the 1st Agenda information that you received,” Elam wrote in his letter.
Public records should accurately reflect decisions made in public meetings. As previously established, the plat in the agenda packet failed to align with the final approved version. The only plat readily available to the public record at the time of the vote to approve the final plat was in the agenda packet.
In an interview with the city manager, Brian Dalton, he suggested that the discrepancy arose because the city clerk did not possess a digital copy of the final plat until the day of the April 8, 2024, council meeting. The clerk distributes agenda packets the week before the city council meeting.
รขโฌลIt might not have been in the package you got because this went out … Thursday before the Monday [city council meeting]. But Richard didnรขโฌโขt get this plan until a later date,รขโฌ said Dalton.
Dalton mentioned that the plat in the agenda packet received approval with the project in 2022. Moreover, he stated that the 160 acres had been approved as a neighborhood in the 1990s. The city and the developers were under the impression that the land was ready for development.
When questioned about the discrepancy in the number of houses between the agenda packet and the final plat, Dalton suggested it could be related to sewer issues on some of the land. Meritage Homes initially believed that the land across Requa Road had sewage infrastructure.
Tests revealed that the sewage was not ready in the land across Requa Road.
“They had to take that out [of the plans] because they’re not ready to do it. They have to get the sewer in first before they can submit a final plat,” said Dalton.
He stated that construction of those homes could eventually happen, but a final plat will need approval before starting construction on any other phase.
Dalton said the developers are focusing on the 80 homes from the official final plat for phase one.
It does not appear that the discrepancy was intentional. When WNN explained our interest in the plat discrepancy, Dalton asked the difference between the two plats.
WNN Reporter: I was just trying to figure out why this approved plat didnรขโฌโขt match the plat in the agenda packet.
Dalton: At the end of the day, what’s the difference? I mean, because either way, all of this is approved.ย
The city council did receive copies of the plat from Elam’s office. They received physical copies a week before the meeting and digital copies the day before. The city council is under the impression that it voted to approve the plat the members received beforehand.
The question lies in its validity. What was officially approved since the plat in the agenda packet did not match the plat from Elam’s office?
N.C. has laws regarding open meetings. City council meetings are open meetings. According to N.C. General Statute ยง 143-318.10, public bodies must keep complete and accurate minutes that reflect public meetings.ย
While not yet in the meeting minutes, the plat in April’s agenda packet was part of the public record and intended to inform the public about the meeting’s agenda. The meeting minutes from April’s meeting utilized the same plat.
These minutes appeared in May’s agenda packet. During every city council session, the council has to approve the previous meeting minutes. The city council approved them with no edits or changes.ย
Therefore, the plat, which is not properly indicative of phase one of this cluster development, remains part of the official record despite its discrepancies.
It is worth noting that the agenda packet, while public record, is not typically distributed to Cherryville residents. Any resident can request it; however, members of local media typically request the agenda packets.
The city council also does not utilize a projector or a TV screen during most public meetings, so members of the public do not see materials that the city council receives until the meeting minutes are published online.
This is relevant because the public had limited access to the official plat for this project until WNN shared it on social media. Any member of the public can request to view the plat in a public information request; however, the official version of the final plat was not easily accessible until it was registered and recorded with Gaston County.
WNN attempted to contact the city council members and the city attorney about this matter but did not receive a response.
Cluster Developments
To propose a cluster development, the city must host a public hearing. Residents can express their opinions in public hearings. It is a common sentiment that many Cherryville residents are concerned about cluster developments coming to Cherryville.
Many residents have expressed concern regarding Cherryville’s infrastructure. Three of the five residents who spoke out against Calico Creek mentioned traffic as a significant concern.ย
The N.C. Department of Transportation (NCDOT) studied the area. It considered the number of proposed homes for the entire development, the approximate number of drivers, and the approximate average number of trips taken per day. Other factors also contributed to the study.
NCDOT placed traffic counters around Requa Road and the City of Cherryville. It determined that most people turn left on Requa Road and go around on Tot Dellinger Road to get into town.
This finding underscores the potential impact of increased traffic from the proposed development on existing roadways and local infrastructure. Residents have raised concerns about the condition of Requa Road. Cherryville owns a part of Requa Road and paved it within the last eight years. The state maintains the other section.
“We will have to evaluate that as time goes, because there is going to be a lot of additional traffic on that road,” said Dalton during the April 8, 2024 council meeting.ย
The first proposed cluster development was Stroupe Acres on Highway 150 West. Calico Creek, Cherryvale at the time, was approved second. Combined, these developments should add approximately 1,000 homes to Cherryville.
Cluster developments typically have amenities like pools, parks, and walking trails that are appealing to prospective homeowners. Despite the smaller front and back yards of many cluster developments, the neighborhoods have ample green space that homeowners do not have to upkeep themselves.
The city council has noted that many young people prefer cluster homes due to their affordability and low maintenance requirements. Council Member Jon Abernethy has spoken in favor of what cluster homes can provide young adults.
“My daughter lived in a cluster development for a couple of years, and the houses were right on top of each other. It was in Raleigh,” Abernethy said, “They loved it; they didn’t want a yard, they wanted to come home and be able to relax.”
Land Acquisition
Carolina Home Company, Inc. still owns the land for phase two of the project. Meritage Homes owns the land for phase one.
Carolina Home Company sold Meritage Homes the land for phase one in October 2023.
WNN asked Johnson why Meritage did not purchase all the land together. Johnson said it is more economic for Meritage to buy the land in phases.
“For their capital expenditures, they pay a fee, and then we hold the land for a period of time, and then they buy it at a later date,” said Johnson.
However, Carolina Home Company, Inc. is suspended by the N.C. Secretary of State. It cannot legally sell any property to Meritage until it is no longer suspended.
The amenities for Calico Creek will be built in phase two. Johnson said some amenities will be constructed in phase one, however the final plat does not indicate this.
Concern Synopsis
The biggest concerns surrounding the Calico Creek project include controversy regarding the developer’s identity and involvement and confusion surrounding the plats presented during city council meetings.ย
Regarding the developer, the extent of Carolina Home Company, Inc’s involvement is uncertain, given that it currently suspended by the N.C. Secretary of State. Contradictory statements from Meritage Homes and Carolina Home Company further complicate matters.
Plat confusion arises from inconsistencies between the plats presented in the agenda packet and the final approved version. Discrepancies in the number of proposed lots and the failure to accurately reflect decisions made in public meetings raise concerns about transparency and adherence to open meeting laws.
Additionally, limited public access to official documents, such as the plat, until shared by the media on social platforms highlights issues with transparency and accessibility in disseminating crucial information to Cherryville residents.
The lack of response from key players, such as the city attorney and a Meritage Homes representative, further underscores the need for accountability and clarity in addressing community concerns.
Final Thoughts
WNN started this deep dive into Calico Creek to investigate recurring inconsistencies with the project including legal counsel for the story. From the inception of proposals to the scrutiny of final plats, this examination highlighted the challenges and uncertainties residents and city officials faced.
WNN’s investigation into Calico Creek highlighted the need for transparency in the planning process. As Cherryville navigates its growth trajectory, it must balance urban expansion with infrastructure sustainability and the community’s concerns. Through collaborative efforts and transparent decision-making, Cherryville can grow while preserving its small-town charm.
As the city council reconvenes to continue discussions, we hope this investigative spotlight will inspire constructive dialogue and informed decision-making.
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