Lee County Commission tables Quail Rise subdivision after residents raise flooding and wetlands concerns

The Lee County Commission on an unspecified February meeting date voted to table final action on the proposed Quail Rise subdivision, a 25-lot plat at the intersection of Lee Road 158 and Lee Road 252, after nearby property owners raised concerns about wetlands, beaver-related damming and flooding.

The move to delay the vote followed public comment from Steven Thomas, who said he owns property across Lee Road 158 from the proposed subdivision and asked, "what type of housing ... minimum square footage," and whether the development could affect his property value. Tammy Bergman, another adjacent property owner, told the commission, "When it rains, we get backed up and we get flooded," and said a creek and marsh area near the proposed lots already cause flash flooding that has submerged her driveway and gate.

Commission staff said letters were mailed Jan. 30 to adjacent property owners and the developer provided a plat showing shared driveways and flag lots. County staff confirmed soil percolation tests had been performed on at least one lot and described the lots nearest the road as higher and outside the marsh shown behind the lots. The surveyor identified on the record as Mr. McBride said the developer typically builds four-bedroom homes in the size range noted on the plat and that shared driveways are planned to access the rear lots.

Why it matters: Neighbors said wetlands and regular beaver activity already back water up into the rear triangle of an adjacent property; they asked the commission to delay action until a property owner who works away from the county could attend. Commissioners said the county does not enforce private deed restrictions (such as five-acre minimums recorded by a prior owner) and that such covenant questions are separate from county subdivision approval.

What the commission said and did: Commissioner Langley moved to table the final plat until the commission's meeting on Feb. 24; a second was recorded on the floor. Commissioners also said a work session on that date would precede the regular meeting so the commission could review the agenda items in advance. The motion to table carried.

Key details from the record: - Proposed subdivision: Quail Rise Subdivision, 25 lots; smallest listed lot about 3.06 acres; no new roads or infrastructure are proposed; many lots use existing road frontage, and some rear lots are accessed via shared driveways/flag lots. - Notices: Letters to adjacent property owners were mailed Jan. 30. At least one resident said she received notice only on the preceding Friday. - Wetlands and flooding: Residents said a marsh area and beaver dams on a creek contribute to flash flooding that currently affects at least one driveway and gate. - Soils/percs: County staff said percolation (perk) tests have been performed for the affected lots and that at least one lot passed, but other site-level approvals (permits, septic approvals, driveways) will still be required during the preliminary and building phases. - Deed restrictions: The county said it does not enforce private deed covenants (for example, a five-acre subdivision limit reported by a neighbor) as part of its subdivision approval; property owners must pursue private enforcement where those covenants exist.

What's next: The commission will take up Quail Rise again at its Feb. 24 meeting after a work session earlier that day. The county asked the developer and surveyor to be prepared to clarify the house sizes planned and to provide any additional documentation homeowners request.