Title
Vote to approve a legislative request by Candace Beal for a General Use Rezoning to rezone parcel 4794 from NB-Neighborhood Business to R1-Residential, on 4.089 acres, located at 82 Bonlee Bennett Rd
Abstract
Introduction & Background: The public hearing for the rezoning was held at the August 17th Board of Commissioners meeting. There were no speakers. The application is a straightforward down-zoning request initiated by the landowners. Planning staff gave a brief presentation to the Board, and they did not have any questions.
Discussion & Analysis: The Beals rezoned the property in question to NB-Neighborhood Business in 2019 to start an ice cream shop and other retail space in the ground level of the mixed-use building. The upper level is an apartment. The Beals were not able to start the business and have decided to rezone their property back to R-1 Residential.
The Beals have family members that will be living in the apartment and eventually may convert the ground level into further residential. The other building on the property was moved to the parcel without a permit and has not received a certificate of occupancy. The Beals will have to bring the building into compliance before it can be utilized as a dwelling unit.
All applications for text or map amendments initiated by a property owner or citizen shall be required to submit an application containing the following information and follow the procedure outlined in Section 5.7. Applications for these amendments shall not require a Community Meeting or be required to meet with the Chatham County Appearance Commission.
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.
The applicant is not alleging any error. This finding is met.
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.
The applicant has a need for a family home in this area and no longer wishes to use the property for a commercial purpose. The circumstances surrounding the use of the property have changed, rather than the physical condition of the property and area. The proposed rezoning will not be detrimental to the public health, safety, or general welfare.
This finding is met.
3. The manner in which the proposed amendment will carry out the intent and purpose of any adopted plans or part thereof.
The applicant contends that downzoning the property will enhance the rural character of the area because the property will no longer be used for commercial purposes. Preserving the existing property and avoiding new construction will help maintain the rural character of Bonlee by preserving the history and character of the area, which supports a core tenet of Plan Chatham: preserving rural character.
Furthermore, the family intends to use the residence to provide a home for their grandchildren, who will attend Chatham County schools. This supports the primary housing goal of Plan Chatham to “Provide equitable access to high-quality education, housing and community options for all,” as well as the secondary goal to “Preserve the rural character and lifestyle of Chatham County.”
This finding is met.
4. The requested amendment is either essential or desirable for the public convenience or welfare.
Everything associated with the main structure of this property is remaining the same or being updated for residential use. Therefore, there will be no new lighting, parking, fences, or signs installed. There will be no storage or use of chemical, biological, or radioactive products at the location. The applicant does not expect the down-zoning to create any detriment to the public convenience or welfare. The use will place no burden on the current public services in the area.
This finding is met.
5. All other circumstances, factors, and reasons which the applicant offers in support of the proposed amendment.
The property uses water from TriRiver and has a septic that is already installed and approved by Chatham County Environmental Health. There is no need for new entrances or exits and no new driveways or parking are required.
This finding is met.
This item was on the planning board consent agenda for the September 1st meeting. It was not removed and was approved with the consent agenda by unanimous vote.
How does this relate to the Comprehensive Plan: N/A
Budgetary Impact: N/A
Recommendation/Motion: The Planning Board, by unanimous vote, recommends adoption of an ordinance amending the zoning ordinance approving a legislative request by Candace Beal for a General Use Rezoning to rezone parcel 4794 from NB-Neighborhood Business to R1-Residential, on 4.089 acres, located at 82 Bonlee Bennett Rd.
Consistency Statement: The Planning Board, by unanimous vote, recommends adoption of a resolution approving the following consistency statement:
• The rezoning request by Candace Beal for a General Use Rezoning to rezone parcel 4794 from NB-Neighborhood Business to R1-Residential, on 4.089 acres, located at 82 Bonlee Bennett Rd. is consistent with Plan Chatham providing equitable access to high-quality education, housing and community options for all, as well as the secondary goal to preserve the rural character and lifestyle of Chatham County.
Motion to adopt a resolution approving a consistency statement for the approval of a legislative request by Candace Beal for a General Use Rezoning to rezone parcel 4794 from NB-Neighborhood Business to R1-Residential Zoning Map Amendment.