BURGAW — A by-right development needed approval of its preliminary plat earlier this month in Burgaw. Commissioners were tasked with moving it forward or denying it based on specific criteria and in the end it didn’t pass — to many locals’ fanfare.
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“It meets the code,” Burgaw’s planning director Ron Meredith informed the board; however, when the vote came down, it failed 3-2, with commissioners William Rivenbark, Michael Pearsall, and Bill George dissenting.
Developers needed the town to sign off on the development sectioning off 1-acre lots. Meredith clarified it didn’t mean construction would begin immediately, as all state and local permits still are being assessed.
Proposed by national developer D.R. Horton at 2630 N.C. Highway West, near Henry Brown Road, the goal was to bring 191 single-family detached homes on 285 acres. It’s a scaled-down version from almost 500 units brought forth to the town in a rezoning last summer, though it was denied.
This time around a rezoning wasn’t needed as the development would remain in the rural agricultural zoning, allowing 1 unit per acre. D.R. Horton would build less, at 0.67 per acre, and provide 18% of open space, more than the 15% required. They also agreed to 20-foot buffers along the perimeter, with 30-foot buffers in some areas.
“The subdivision has been designed in accordance of the UDO, meaning all standards for lot sizes, setbacks and street layouts, and the plan includes sidewalks and recreational areas that have been reviewed by the town’s technical review committee,” said Beth Blackmon, an engineer consultant with Timmons Group representing D.R. Horton.
Meredith concurred it met sections 10.13 and 10.14 of the town UDO and was in harmony with the RA district, surrounded by similar zoning.
He added no flooding was shown on the property — to much resident laughter, as many decried later in the meeting flooding exists all around it.
Because it’s located in the extraterritorial jurisdiction of Burgaw, a voluntary annexation agreement was also put forth for the development to be brought into the town corporate limits to connect to wastewater.
Meredith said while community meetings were not required, one was held, with the developer agreeing to extend landscaping buffers.
One resident, Sandy Blake — whose home on Highway 53 was adjacent to Weldon Village — said she would be viewing nine homes from her back door.
“I would like a 30-foot buffer there,” Blake said, noting she already mentioned it to the developer but never garnered a response. “I would love to see trees remain on that property that are possible to keep. I know they met all requirements, but I would still like to see some of these things considered.”
A quasi-judicial hearing was held, meaning only residents with “standing” could speak in regards to the development’s preliminary lots. Those folks had to prove their properties were near the proposed Weldon Village and could be negatively impacted by it. More than a dozen people took an oath to speak, as a quasi-judicial hearing is basically like a court hearing where only fact-based testimony is considered.
Issues regarding traffic safety along Highway 53, flooding and wastewater connection remained high priority for many residents, with some commissioners agreeing.
“My number one concern is drainage, my number two concern is drainage, my number three concern is drainage. You have to have somewhere for all of this water to go,” said J.B. Croom, who lives on Highway 53, abutting the property.
Another neighboring resident, Donald Hufham, agreed and pointed to surrounding areas experiencing flooding already from a mere rainstorm. Cutting down the hundreds of trees on the development property, he thought, would further bombard culverts and drainage systems.
“The ditches ain‘t gonna take all of this,” Hufham said. “Where’s the money going to keep the ditches clean now?”
Attorneys Brian Edes and Norwood Blanchard, representing the town of Burgaw, attempted to educate the audience on what was being discussed and voted on. Edes reminded Hufham his concern was not in accordance with mapping plats: “We’re talking about, on paper, subdividing land only.”
He asked if Hufham had a grievance as listed in the sections of the code, to which the resident called it all “garble.”
“You’re putting a bridle on me and leading me to the slaughter,” Hufham refuted.
Victor French, who lives on Henry Brown Road, said he worked for the North Carolina Wildlife Commission for nearly 40 years at Holly Shelter Game Land. By managing road access and dealing with drainage issues to the public’s interest, he claimed he was fully aware of “how water runs.”
“I invite Ms. Blackmon to come up here and show me where the drainage is going to be to get the water from the back of the west side of 53 and down to Stoney Run on the other side,” he said.
“We’re not at permitting yet,” Edes reminded French, noting his comment wasn’t centered on dividing land. “You can’t pull a permit for a lot that doesn’t exist. This is to map lots.”
Despite Edes repeating the code narrative multiple times, it proved to be a battle lost. Most residents were there to air grievances about larger issues to come should a development even pass the first step in being scaled on the nearly 300 acres.
Richard Thomas thought the development would strain town services, but more so feared for public safety, particularly when it comes to traffic. A traffic impact analysis is being reviewed currently by the North Carolina Department of Transportation, but is anticipated to bring 141 AM and 189 PM trips, with 1,914 overall added to the area daily.
Resident Jessica Bowen argued the TIA was done when nearby Pender High School wasn’t in session and thought it was a disservice. Meredith told commissioners the TIA was based on 2023 volumes and adjusted for a 3% growth rate, amended after the 500-home development was denied last year.
“I live on a blind curve, and as I look to the east of Burgaw, right by this development, is another blind curve,” Thomas said. “Anybody who thinks some traffic engineer knows what he’s talking about — and I have engineer degree from N.C. State — to sign off on a two-lane road and says everything is fine, then come by when school lets out at 5 p.m., when everyone gets off, and try to travel there.”
Accessibility to and from the development were also broached, as well as whether deceleration lanes would be installed on Highway 53. That would come further down the line when driveway permits are assessed by the NCDOT, Blackmon said.
The roads in the development will be privately owned, rather than maintained by NCDOT — also a sticking point for some residents. They claimed a national developer takes off after build-out without caring as much about how infrastructure affects a small community and thought the roads should be made public instead.
Commissioner Michael Pearsall questioned if the TIA was actually finished, noting Meredith had mentioned earlier it was still being reviewed. Yet, the developer packet explained the TIA was “completed.”
“‘Completed’ to me means it has been…” Blackmon began to clarify.
“No, not to you,” Pearsall interjected, to crowd laughter.
“Completed means it was submitted to the NCDOT,” Blackmon said.
“So it isn’t completed? It’s an easy answer,” Pearsall said.
“It’s been turned in,” she said, noting the traffic engineer’s role is completed.
Pearsall was one of the votes against the development and worried about future impacts it could have on safety, whether it was improper roads to handle the influx of residents or stormwater runoff. This was echoed by commissioner William Rivenbark.
“I see major issues if DOT doesn’t come in and do something under that road. That culvert there will not handle it. Water backs up to Piney Woods and Piney Brown and back to Pender High School,” Rivenbark said. “They are going to have major problems. And it only takes one lawsuit with someone getting killed on a yellow school bus because of traffic. That’s just my two cents worth.”
“We are our brothers’ keepers,” Pearsall stated earlier.
He also took issue over D.R. Horton’s entitlement manager, Grayson Morgan, sending an email to the board ahead of the meeting, noting it was out of sync with the rules of a quasi-judicial hearing. This type of hearing doesn’t allow ex-parte communication, though Edes clarified the communication just had to be made known and asked the board if they thought the email influenced their votes, to which they said no.
Resident Sandra Bullard argued earlier in the meeting that the quality of D.R. Horton homes concerned her, as she researched issues the firm faces. For instance, in neighboring South Carolina D.R. Horton and its subcontractors and suppliers settled for $16.1 million in a class action lawsuit concerning 200 homes having structural defects, excessive humidity levels and ineffective HVACs. At the beginning of 2025, 60 lawsuits were filed for homes built in the midlands of South Carolina.
“You are our leaders; we need protection, we need help,” she appealed to commissioners.
Mayor Pro Tem James Malloy reminded the board they were required to follow the rules and regulations, and in this case it was answering if Weldon Village met Burgaw’s UDO to divide the land.
“Some things are out of our hands and we have to follow those laws,” Malloy said. “And I’ll be honest: I’m not going to jail for anybody; a pinstripe suit doesn’t fit me.”
“But if I vote for it, it’s saying I’m for it, so when does the buck stop?” Rivenbark questioned.
Burgaw’s town attorney Blanchard noted during the hearing that if the board voted it down, an appeal could be sent to Superior Court.
“And if a judge rules over the town, then you have no control over the process any more and they get anything they want and they never have to come back to the town,” Blanchard said.
Port City Daily reached out to entitlements manager Morgan on whether D.R. Horton would appeal the commissioners’ decision. He did not respond to PCD by press.
According to town manager James Gantt: “If they do file an appeal, the Town will work with legal counsel to discuss the process and available options.”
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