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LEGISLATIVE RESEARCH CENTER
File #: 25-0158    Version: 1
Type: Resolution Status: Passed
File created: 4/4/2025 In control: Planning
On agenda: 4/21/2025 Final action: 4/21/2025
Title: Vote to adopt a Resolution approving a quasi-judicial Special Use Permit (SUP) requested by Chatham County Facilities and Construction for a new EMS station to be located on Parcel No. 62221 (2.3 acres) and 95753 (.66 acres), located at 9251 US 15-501 N, Baldwin Township
Indexes: Comp Plan Goal 10: Foster a healthy community., Comp Plan Goal 7: Provide infrastructure to support desired development and support economic and environmental objectives.
Attachments: 1. Resolution for SUP Chatham County Facilities 4-21-2025, 2. More information from the Planning department website
Related files: 25-0061

Title

Vote to adopt a Resolution approving a quasi-judicial Special Use Permit (SUP) requested by Chatham County Facilities and Construction for a new EMS station to be located on Parcel No. 62221 (2.3 acres) and 95753 (.66 acres), located at 9251 US 15-501 N, Baldwin Township

Abstract

Introduction & Background: A quasi-judicial hearing was held on March 17, 2025. Planning staff presented the request, and no other comments were received on the matter, and the Board had no questions.

 

This project had a prior approval from May 2022 and due to delays in the bidding process, the county was not able to obtain a building permit within the two-year time frame as indicated in Condition 3 of that approval. This request is to reactivate approval so a building permit can be obtained.

 

There is an existing Special Use Permit on Parcel 62221 for a county owned water tower. The tower is to be demolished and removed from the property before construction begins on the EMS station.
                     

Discussion & Analysis: In reviewing a request for Special Use Permit, the Board of Commissioners must find in favor of all five findings with provided support and may request specific conditions outside of standard conditions to further support the findings. The five findings and the supporting information are all as follows:

 

1.                     The use requested is among those listed as an eligible special use in the district in which the subject property is located or is to be located. Emergency medical service facilities are listed as allowed by a special use permit in the R-1 zoning district.

 

 

2.                     The requested special use permit is either essential or desirable for the public convenience or welfare.

                     There will be minimal traffic associated with this use. Traffic is generally limited to answering emergency calls and employees. Access will be via a right in/right out only drive on the southbound side of US 15-501. A commercial driveway permit is issued by NCDOT.

                     Existing tree vegetation on the rear and sides will remain with a 30-foot landscape buffer along the front. The building will also have a front setback of an additional 30 feet due to Duke Energy and county water line easements. Due to these constraints, a retaining wall will be needed in the rear.

                     Lighting will comply with the Chatham County Zoning Ordinance regulations.

                     Any noise associated with the operation of the facility which includes sirens is exempt from the Chatham County Noise Ordinance chapter 92.05(c).

                     Signage will comply with the Chatham County Zoning Ordinance regulations.

3.                     The requested permit will not impair the integrity or character of the surrounding or adjoining districts, and will not be detrimental to the health, safety, or welfare of the community. There are no similar uses in close proximity to this parcel and the need for increased emergency medical services with all of the residential and commercial development in the immediate area continues to increase. There will be no hazardous materials or waste associated with the facility. Buffers, setbacks, and landscaping have been reviewed to facilitate views from the roadway and adjoining parcels.

 

The Chatham County Appearance Commission reviewed the plan and recommended several changes since they had updated the recommended plant list since their last approval. The applicant has incorporated those recommendations with the changes. One other recommendation came out of further review and an updated landscape plan will be provided.


Future Land Use Plan map showing the property within the Community Center node

 

4.                     The manner in which the proposed amendment will carry out the intent and purpose of any adopted plans or part thereof (i.e. Comprehensive Land Use Plan) are:

                     Goal 7 of the Comp Plan supports providing infrastructure to support development and economic and environmental objectives

                     Goal 8 of the Comp Plan supports becoming more resilient by mitigating, responding, and adapting to emerging threats. With the increase in development in this immediate area, this will provide faster response times for emergency medical calls.

                     Strategy 1.2 Utilities and Public Services Plan Element supports developing utilities, policies, systems, and services that facilitate compact development and support economic development in defined areas. The second bullet point is to locate new public services and facilities in growth areas identified on the Comp Plan map or where existing services are needed.

5.                     Adequate utilities, access roads, storm drainage, recreation, open space, and other necessary facilities have been or are being provided consistently with the County’s plans, policies, and regulations.

                     The site will be served by an eight-inch county water line at an anticipated usage of 50gpd per person per shift.

                     The site will connect to the Briar Chapel Wastewater Treatment facility. A waiver was provided and approved in June 2021 to remove trees in the required undisturbed perimeter buffer of Briar Chapel in order to obtain the easement to connect the service. A waiver to reduce the perimeter buffer between this parcel and the Briar Chapel SD West area was approved in May 2022 in order to extend the utilities as well as a reduction on the front area to extend the public water line.

                     A commercial driveway permit will be issued by NCDOT and will be limited to right in/right out only access. In November 2022, a quit claim deed was recorded in favor of the county for Parcel 95753 in order to have direct access to US 15-501.

                     A storm water control measure is to be located on the southwestern corner of the parcel and will comply with all county and state regulations.

                     There will be no underground containment, and the wash area will drain to the stormwater pond to be located on the property. Watershed Protection staff contacted the on-call consultant that reviews stormwater plans for their office, and they responded this is acceptable practice.

                     The Erosion and Sedimentation Control permit obtained from NCDEQ obtained in December 2023, will remain valid until December 2026.

Watershed Map WSIV-Protected Area, limits BUA to 24% with curb and gutter or 36% without curb and gutter. FEMA Map showing no floodable areas

 

 

 

 

  

 

The Planning Board met on April 1st, 2025, and reviewed the request. There was a general discussion about the site plan, positive comments about the changes to some of the landscaping materials recommended by the Appearance Commission, and clarification that the road access is right-in, right-out only. No recommended changes were noted.

 

How does this relate to the Comprehensive Plan:

Strategy 1.2 Utilities and Public Services Plan Element supports developing utilities, policies, systems, and services that facilitate compact development and support economic development in defined areas. The second bullet point is to locate new public services and facilities in growth areas identified on the Comp Plan map or where existing services are needed.

Budgetary Impact: N/A

                     

Recommendation/Motion: The Planning Board, by unanimous vote (10-0) recommends that the Board of Commissioners approve a resolution approving a Special Use Permit requested by Chatham County Facilities and Construction for a new EMS station to be located on Parcel No. 62221 (2.3 acres) and 95753 (.66 acres), located at 9251 US 15-501 N, Baldwin Township with the following conditions:

 

Site Specific Conditions

1.                     Signage shall follow the regulations under Section 15.6 Signs Permitted in the O & I, Office & Institutional Districts.

2.                     The landscaping plan as reviewed by the CCAC with the suggested replacements and recommendations will be or are provided. Any deviations from the plan will require additional review by the Appearance Commission and planning staff.  Periodic inspections of the landscaping shall be made to ensure survival and meeting landscape buffer requirements.

3.                     A building permit shall be obtained and remain valid at all times within three (3) years of the date of this approval or the SUP becomes null and void.

4.                     All land disturbing activity shall be reviewed and approved by the Watershed Protection Department prior to disturbance to ensure no water features, streams, storm drainage ditches, etc. are present or for any associated riparian buffers are impacted.

Standard Site Conditions

5.                     The application, standards and adopted regulations of the applicable ordinances and policies, and the approved recommendations as provided for and/or conditioned, are considered to be the standards as set forth and shall comply as stated. Changes or variations must be approved through the Planning Department or other approving board before any such changes can take place. These include but are not limited to landscaping, lighting, signage, parking, building construction, etc.

6.                     All required local, state, or federal permits (i.e. NCDOT commercial driveway permits, NCDWQ, Chatham County Land and Water Resources, Environmental Health Division, Building Inspections, Fire Marshal, etc.) shall be obtained, if required, and copies submitted to the Planning Department to the initiation of the operation/business.

 

Standard Administrative Conditions:

7.                     Fees - Applicant and/or landowner shall pay to the County all required fees and charges attributable to the development of its project in a timely manner, including, but not limited to, utility, subdivision, zoning, and building inspections.

8.                     Continued Validity - The continued validity and effectiveness of this approval was expressly conditioned upon the continued compliance with the plans and conditional listed above.

9.                     Non-Severability - If any of the above conditions is held to be invalid, this approval in it’s entirely shall be void.

10.                     Non-Waiver - Nothing contained herein shall be deemed to waive any discretion on the part of the County as to further development of the applicant’s property and this permit shall not give the applicant any vested right to develop its property in any other manner than as set forth herein.

 

Vote to adopt a Resolution approving a quasi-judicial Special Use Permit (SUP) requested by Chatham County Facilities and Construction for a new EMS station to be located on Parcel No. 62221 (2.3 acres) and 95753 (.66 acres), located at 9251 US 15-501 N, Baldwin Township.