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Planning board recommends denial for Brentwood Phase 5 rezoning after neighbor concerns over private-road connections and well easement
Summary
The board recommended denying a conditional rezoning (CZ‑2025‑13) for 111 homes on 86 acres at 141 Black Angus Road after neighbors raised issues about a proposed street connection through private HOA roads, well easements, road maintenance and stormwater.
The Mooresville Planning Board voted to recommend denial of a conditional rezoning request (CZ‑2025‑13) that would allow 111 single‑family homes on an 86‑acre site at 141 Black Angus Road (Brentwood Phase 5).
Planning staff described the proposal as a rezoning from Residential Limited Services to Conditional Residential General. The applicant, represented by Bowman and AMH, said the plan would provide 35 percent open space, preserve stream buffers, and include a greenway connection along the branch of West Branch Rocky River. The applicant’s traffic consultant told the board the TIA showed no degradation to level of service for the studied intersections and that recent roadway improvements on Faith Road mitigate traffic impacts.
Neighbors objected to a proposed full vehicular connection to an adjacent private neighborhood whose roads are maintained by an HOA and are not public thoroughfares. Residents said the private community relies on a community well and private road maintenance; speakers asked how damage and additional wear would be addressed and noted past sinkholes on private streets. One resident urged the developer to consider a privacy fence or financial assistance for road maintenance. The applicant said the well easement is recorded and that the proposed trail connection would be set well away from the community’s water infrastructure.
Board members discussed the connectivity requirement in the UDO that typically requires secondary access; staff noted the Town Board can waive connectivity standards through conditional zoning, and that the fire code allows single access if all units are sprinkled. Several board members expressed discomfort with a through‑connection into the private HOA and emphasized the burden on private roads and safety concerns.
After discussion, the board moved and voted to recommend denial to the Town Board, citing inconsistency with the town’s comprehensive plan neighborhood residential designation and concern about introducing development patterns inconsistent with nearby single‑family neighborhoods. The denial recommendation will be forwarded to the Town Board for final consideration.
