Chatham County, NC - File #: 26-0659

• File #: 26-0659
• Version: 1
• Type: Resolution
• Status: Approval of Agenda and Consent Agenda
• File created: 10/30/2026
• In control: Planning
• On agenda: 11/16/2026
• Title: Vote to adopt a resolution approving a legislative rezoning request by Steve Miller on Parcel No. 65761, located at 3756 Corinth Rd., Moncure, Cape Fear Township, for a General Use rezoning from R-5 Residential to R-1 Residential
• Indexes: Comp Plan Goal 1: Preserve the rural character and lifestyle of Chatham County, Comp Plan Goal 5: Conserve natural resources.

Title

Vote to adopt a resolution approving a legislative rezoning request by Steve Miller on Parcel No. 65761, located at 3756 Corinth Rd., Moncure, Cape Fear Township, for a General Use rezoning from R-5 Residential to R-1 Residential

Abstract

Introduction & Background:

A legislative public hearing was held on September 21, 2026. Planning staff presented the request and there were no comments from the public. One Planning Board member, Robin Lyons, asked if the parcel could be further subdivided as the R-1 zoning would allow an even smaller lot. Planning staff stated yes.

This parcel is located within the R-5 Residential zoning district. The Zoning Ordinance describes R5 districts as “Primarily for very low density residential developments along the County’s rivers and streams which are compatible with protecting the water quality of the rivers and streams”. This parcel is approximately several thousand feet from the of the Cape Fear River and approximately 985 feet from the nearest floodable area.

Per the Zoning map, the parcels adjacent to the East and North are zoned R-1 Residential and Heavy Industrial. There is a solar farm to the south of this property as shown in the hatched area on the screenshot that is provided later in the notes. The northern property boundary adjoins an active rail line and the property immediately to the north is owned by General Shale and the use is a brick manufacturing plant.

The property owner wishes to subdivide this parcel, being 9.92 acres per tax record but 9.789 per a preliminary survey, into two (2) separate buildable lots in order to give one lot to his son. The lot sizes would be 4.96 acres each which does not meet the 5-acre average requirement for the R5 zoning district.

There are provisions in the Zoning Ordinance, Section 10.1.B, that allow a family subdivision of property on parcels less than 10 acres provided no resultant lot is smaller than three acres. However, when you review the definition of a Family subdivision in the Subdivision Ordinance, the current owners would have needed to own the parcel before January 1, 1994. The current owner did not own it prior to that date. Therefore, rezoning to a less dense zoning district is required. This split of the property would create a lot that is greater than what the family subdivision regulation allow. However, in the future, the lot could be further subdivided as allowed in the R-1 Residential zoning district. That is not the owner’s intention and there would have to be suitable soils for any additional septic systems to do so.

Zoning Map of the Area

                     

Discussion & Analysis:

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. It is planning staff opinion there may be an error on the zoning map based on the boundary of the R5 zoning district in this area in relation to the River Corridor watershed district. In many areas of the county where R5 zoning is located adjacent to a major river, the district boundary follows the River Corridor watershed district boundary. Two screenshots are provided showing the zoning map and watershed protection map in this area and the R5 zoning extends to Corinth Road where this parcel adjoins a rail line.

Screenshot of the zoning map with the parcel outlined in yellow. Note the uniformity of the R5 zoning boundary along a majority of the river in this area.

Screenshot of the watershed protection map with the parcel outlined in yellow. A majority of this parcel is located within the WS-IV Protected Area watershed district. Note the uniform distance of the River Corridor watershed district (colored red) from the river. The River Corridor Special Area (RCSA) and WS-IV Critical Area (Critical Area) watershed districts are also shown in this image and also adjoin the river in this area and both those districts allow for 1 acre residential lots.

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 property is currently being taxed on a mobile home space where an old, abandoned mobile home sits along with a tobacco barn and one outbuilding. These structures would remain on one parcel once the subdivision is complete. The existing septic and water supply would continue to be part of the newly created parcel that has the mobile home space currently on it. The mobile home can be replaced with a new home at which time the property owner chooses to do so. The new, undeveloped parcel would require its own septic and water sources. The uses in the surrounding area include agriculture, solar farm, brick plant, and property owned by Duke Energy which includes a side channel to the river.

3. The manner in which the proposed amendment will carry out the intent and purpose of any adopted plans or part thereof. The property is located within the Conservation node of the Land Use Plan and the small area Plan Moncure see below.

Chapter 2 of the Land Use Plan, pg. 18, discusses preserving rural character as the most important goal of the planning process. These two newly created parcels are planned for residential development of a single-family dwelling.

Chapter 3, Objective 1, pg. 41, discusses preserving the rural character and lifestyle of the County. Objective 5, pg. 42, discusses conserving natural resources especially along the county’s rivers. Even though the total acreage is not enough to create two five (5) acres lots which is required in the R-5 zoning district, the lots would still be over four (4) acres each. Even if they decide to further subdivide as would be allowed by the new R-1 Residential zoning district, it is staff’s opinion preservation of rural character would still be upheld in this situation due to the current lot size.

The property is primarily located within the WSIV-Protected Area watershed outside of the Jordan Lake buffer rules making it compatible with the R-1 Residential zoning district.

Watershed and FEMA Map 3710969600J, dated 2/2/2007 below

4. The requested amendment is either essential or desirable for the public convenience or welfare. The property is adjacent to the Norfolk Southern railroad and the property on north of the rail line is zoned Heavy Industrial. This property maintains the conservation of rural, residential development and protection through single-family residential development.

5. All other circumstances, factors, and reasons which the applicant offers in support of the proposed amendment. If approved, the parcel would be required to go through the minor subdivision process showing adequate septic and water sources for both parcels in order for them to be buildable lots. The frontage lot on Corinth Road would have the residential driveway with an ingress/egress easement to access the parcel to the rear.

Planning staff recommends approval of this request and that all five standards are met.

How does this relate to the Comprehensive Plan:

Chapter 3, Objective 1, pg. 41, discusses preserving the rural character and lifestyle of the County. Objective 5, pg. 42, discusses conserving natural resources especially along the county’s rivers. Even though the total acreage is not enough to create two five (5) acres lots which is required in the R-5 zoning district, the lots would still be over four (4) acres each. Even if they decide to further subdivide as would be allowed by the new R-1 Residential zoning district, it is staff’s opinion that preservation of rural character would still be upheld in this situation due to the current lot size.

This application was on the Planning Board agenda for their regularly scheduled meeting on October 6, 2026. This request was placed on the consent agenda and was unanimously approved. No discussion was held.

Budgetary Impact: N/A

Recommendation/Motion: The Planning Board recommends, by unanimous vote 11-0, adoption of an ordinance approving a legislative rezoning request by Steve Miller on Parcel No. 65761, located at 3756 Corinth Rd., Moncure, Cape Fear Township, for a General Use rezoning from R-5 Residential to R-1 Residential.

The Planning Board recommends, by unanimous vote 11-0, adoption of a resolution approving the following consistency statement:

The rezoning of the parcel from R-5 to R-1 is supported by being located within the WSIV-PA watershed district and will continue to preserve rural and conservation areas as outlined in Chapters 2 and 3 of Plan Chatham and Plan Moncure.

Motion to adopt a resolution approving a legislative rezoning request by Steve Miller on Parcel No. 65761, located at 3756 Corinth Rd., Moncure, Cape Fear Township, for a General Use rezoning from R-5 Residential to R-1 Residential.