Chatham County, NC - File #: 24-5452

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
8/19/2024	1	Board of Commissioners	referred		Action details	Meeting details	Video

Title

Vote on a legislative request by Qunity, PA to rezone Parcels 18750, 18896, 18897 from CD-CC Conditional District Compact Community to CD-O&I Conditional District Office & Institutional for a church/place of worship, being a total of 50.117 acres, located at 9780 US 15-501 N, Williams Township

Abstract

Introduction & Background:

A legislative public hearing was held August 19, 2024. Planning staff presented the request, and the applicants also made a presentation and were available for questions. No one from the public spoke.

The applicant stated they will be utilizing an underground drip system for the wastewater so there will nothing visible from the ground surface, they are designing the facility to complement existing commercial in the area, they have added additional buffering, and are working with NCDOT on creating the safest traffic flow possible.

These parcels were rezoned in February 2022 for a Conditional District Compact Community use for a 55+ development with 151 single family dwellings, a congregate care facility, daycare/offices, community garden, and barn for event space.

The main concern voiced by the Commissioners during the public hearing was that the Traffic Impact Analysis (TIA) referenced up to 3,000 total trips one day a week on Sundays, concerned that the design wasn’t in keeping with the surrounding area (rural character and existing businesses), preservation, number of parking spaces needed, the size of the main building, and what the benefit to the county would be since they are not required to pay property taxes under the non- profit exemption law.

Based on the traffic analysis provided with the Herndon Farms rezoning in 2022, the expected trips per day at build out would be 1,616. Over the seven-day period, that would equate to 11,312 total trips per week. The development was proposed to have 150,000 sf of non-residential buildings.

Since the public hearing, the Planning Department has received numerous emails both in support of and opposed to the rezoning for a church. A majority of the emails are from residents that are not adjacent to or adjoining the site but from Fearrington Village, Governor’s Club, Briar Chapel and other areas.

The current zoning map of the area with the subject parcels highlighted in yellow

Discussion & Analysis:

When determining whether a rezoning request should be approved under Section 5 Conditional Zoning Districts, the following findings must be supported.

1. The alleged error in the Ordinance, if any, that would be remedied by the proposed amendment with a detailed explanation of such error in the Ordinance and detailed reasons how the proposed amendment will correct the same. No errors are being claimed.

2. The changed or changing conditions, if any, of the area or in the County generally, which make the proposed amendment reasonably necessary to the promotion of public health, safety, and general welfare. Population growth in the county has risen considerably over the last five years. It is expected to continue to increase with new developments already in the que and more on the horizon. There are four other churches one mile or more from this site. They are all denominations and a couple have served the community for over 150 years.

This facility has a team of people to ensure traffic movement into and on the site to make safety a top priority. At build out, the busiest day will be Sundays. There will be smaller anticipated weekly meetings and events during the week.

A property owner adjacent to the northern property line in Hidden Oaks has requested they maintain at least the 100 ft buffer that was provided with the Herndon Farms rezoning. The property owner adjacent to the eastern property line, where an existing solar farm is located, has also requested a 100 ft buffer.

A community meeting was held April 29, 2024 and the applicant received general questions about site development. The Planning Department has received one specific concern about outdoor noise such as music. Staff advised that is something that, if the Commissioners want, can be conditioned if approved. Also, the county has a Noise Ordinance which would apply. There will be general outdoor recreational activities or gatherings on the grass field as part of their activities.

3. The manner in which the proposed amendment will carry out the intent and purpose of any adopted plans or part thereof.

• Chapter 2, Issues and Opportunities, the plan notes that churches remain central gathering places in towns and rural townships in the County. This property is adjacent to residential and commercial uses. Per the definition of Compact Residential seen below, churches are specifically mentioned as part of the community fabric. Pg. 18 under Rural Character also specifically mentions churches as supporting rural character and preservation of natural features. The site will preserve approximately 18 acres of forested land, they have set the building back approximately 500 ft from US 15-501 and will have the stormwater ponds and underground drip septic system exposed to provide the look and feel of open pastureland and natural habitat. The site plan also shows a greater than 50 ft buffer off the intermittent stream located in the northeast corner of the site in an effort to protect unique assets and native species of the area.

• Chapter 3, Goal 5, Conserve Natural Resources by maintaining and restoring quality and quantity of groundwater and surface water resources. The proposed stormwater control measures will maintain pre-development hydrological patterns, create additional surface waters that provide wildlife habitat, and help stormwater infiltrate to recharge groundwater supplies. The existing wildlife corridor will also be maintained.

• Chapter 4, page 61, Land Use notes that Compact Community nodes should include a mix of land uses, with residential, commercial, and civic components. The church would add a civic component to the healthy mix of land uses in the area.

Comprehensive Land Use Plan Map; Compact Community node

4. The requested amendment is either essential or desirable for the public convenience or welfare. The church will provide a specific service to the community and surrounding areas, especially in areas that are becoming very populated with residential development. Because the applicants want to be respectful of the viewshed from the roadway and to soften the appearance of commercial in a rural setting, they have located the building approximately 500 ft from the 15-501 road frontage. The zoning district which has been applied for only requires a 40 ft front setback. They will be preserving existing mature woods around the northern and easter property line and installing approved landscaping in areas as noted on the submitted landscape plan. That plan was reviewed by the Appearance Commission on April 24, 2024, and recommended for approval.

There are two signs proposed at the two entrances of the property that will be under 10 ft in height and have a sign copy of area that will not exceed the Ordinance limit of 50 sf.

5. All other circumstances, factors, and reasons 18750which the applicant offers in support of the proposed amendment. The property will be served by county water and a private underground drip septic system. NCDOT will be required to review, approve, and issue commercial driveway permits for both entrances.

The site is within the WSIV-Protected Area watershed of Jordan Lake and is limited to no more than 36% impervious surface (BUA). The site plan show 21.5% proposed.

Watershed Designation Map

FEMA Map 3710977500K, dated 11-17-2017. No floodable areas

NRCS and USGS Maps

The Planning Board discussed this request at their September 3^rd meeting. Several citizens were also present and provided input. The applicant was also present to address some of the concerns voiced by Board members and the public.

Discussion included:

• Volume of traffic that could be expected on Sundays

• Activity on the premises during the week

• The need for a church in the area where other churches already exist

• If proper notices were mailed to adjacent/adjoining property owners

• Built upon area calculations as they relate to properties across US 15-501

• County tax revenue and how exemptions apply to properties owned by churches

While it is true churches and the grounds used for church functions are tax exempt, most properties not used for a place of worship are required to pay property taxes. The parcels on the west side of US 15-501 from the proposed church would be required to pay residential property taxes. There were comments during the meeting that even though property taxes may not be paid, the people visiting the church would be spending money at county businesses generating additional sales tax. A Planning Board member requested advice from the County Attorney if loss of tax revenue could be used as a basis for making a recommendation. The response included that land use should be the primary basis for making a recommendation, but economic impacts can also be considered.

Although NCDOT has road improvement plans for the US 15-501 corridor to mitigate current and future traffic issues, those plans will not be implemented for several years. It is noted in supplemental Attachment A, TIA information, that NCDOT was satisfied with the proposed changes to this portion of US 15-501. There was concern that the measures presented in this case would be enough to control traffic issues already in the area. Updated traffic information has been provided by the applicant in the Supplemental Clarifications.

Also, in the supplemental document, additional information was provided showing this proposed use would generate less weekday trips than Vicker’s Village (79% less), Womble/Catalyst Mixed Use development (59% less) and weekly total trips for Vicker’s Village (70% less), Womble/Catalyst Mixed Use (38% less).

US 15-501 is a major transportation corridor in the county. The northern portion is approved in the Comprehensive Plan (adopted in 2017) as an area for growth and development mainly for commercial, multi-family housing, and mixed uses.

The rezoning of the parcels for General Use R-1 Residential play no part in built upon area calculations for the proposed church site. The site layout will remain below the maximum allowed 36% built upon area on the east side of 15-501, preserving more of the natural areas and buffers.

As for the legal notices that were mailed to the adjacent/adjoining landowners, even though the two sides of US 15-501 have different landowners, the applicant used the same mailing list for both requests. For the complaints from Briar Chapel residents that they did not have sufficient notice, the adjacent property owner is listed as their HOA. It was stated during the meeting that the county nor the applicant can control if an HOA does not forward notices to their residents in a timely manner. All legal requirements were met by the applicant and the county.

The Planning Board needed more time to review all of the information, review the comments provided during the meeting, and requested supplemental information from the applicant. The Board voted to continue their review of this item until the October 1^st meeting by vote of 8-1.

The Planning Board met on October 1, 2024. The minutes can be reviewed on the Planning Department website. The applicant provided additional information in response to the concerns raised at the prior meeting. The traffic engineer also spoke and stated the traffic generated from the church would be less overall than the compact community that has previously been approved. It was stated that even though Plan Chatham specifically references churches as part of the rural landscape, the size of this church is out of character for the area.

Additional comments from the public were also provided. Continuing concerns were traffic, especially the influx on Sundays, and the safety factors on an already busy highway, the allowance for other events such as concerts to be held at other times, and the lack of property tax revenue that would otherwise be collected if not a non-profit.

It was also stated that they would support another commercial or residential development that would bring jobs and affordable housing to the area. This area will have the potential to be developed with higher density under the adopted UDO. Potentially there could be an apartment complex with 500+ units and some commercial area.

The Planning Board voted unanimously, 8-0, to deny the rezoning request and provide inconsistency statement.

How does this relate to the Comprehensive Plan:

The Planning Board stated it is not in supporting the CLUP by not diversifying the tax base and does not generate more high-quality jobs for the area.

Budgetary Impact: N/A

Recommendation/Motion:

The Planning Board recommends, by unanimous 8-0 vote, to recommend to the Board of Commissioners approval of an resolution denying the rezoning request a legislative request by Qunity, PA to rezone Parcels 18750, 18896, 18897 from CD-CC Conditional District Compact Community to CD-O&I Conditional District Office & Institutional for a church/place of worship, being a total of 50.117 acres, located at 9780 US 15-501 N, Williams Township.

The Planning Board, by unanimous vote (8-0), recommends the Board of Commissioners approval of resolution adopting the following non-consistency statement:

• The rezoning request is not consistent with Plan Chatham by not providing a diversity in tax revenue and does not provide more high-quality jobs for the area.