Title
Vote to approve a quasi-judicial request by Lockley Holdings, LLC for a Special Use Permit for a contractor’s storage yard and staging area on parcel 9390, located at 1656 Campbell Road, Bear Creek, NC, being an area of 3.9 acres out of the 10.02-acre tract
Abstract
Introduction & Background:
This special use permit is for a Contractors Storage Yard and Staging Area which is a use allowed in the R-1 Residential zoning district with an SUP. This applicant came before the board of commissioners in 2025 with a General Use Rezoning application for the entire parcel. The intent was to rezone from R-1 to IH-Heavy Industrial matching the zoning of the neighboring parcel where the business is currently operating. After receiving opposition from neighboring property owners, the applicant withdrew that application.
The main concern with the previous application was that the entire 10.02-acre parcel was proposed to be zoned for general use and any use allowed in the IH district could potentially be sited there. The applicant was clear their intention was only to expand their existing business, but no conditions could be placed on the application.
This current Special Use Permit application is narrowly tailored for one particular use on parcel 9390. The applicant wishes to use 3.9 acres of primarily cleared pasture as an extension to the lay down area for the fabricated materials. As you can see from the GIS image, the pasture is already mostly cleared, and there is very little development needed to create the staging area. This application is narrowly tailored to mitigate any interactions with neighboring property owners. For instance, the site plan shows the entrance to the extended lay down yard will be to the farthest extent south so to limit noise for properties to the north.
The Board of Commissioners held the Evidentiary Hearing at their regularly scheduled meeting on Monday June 15th. There were five residents from the community that spoke in opposition to the permit. The main concerns addressed by the community are the continued noise complaints from the large fabrication materials hitting the ground and other materials, as well as the noise from the semi-trucks delivering materials. Traffic has been a concern for the community as there is a perceived increase in traffic due to the operation of the business, from employees and the semi-trucks.
The neighbors have been opposed to any expansion of the business since they first heard about the rezoning last year. John Ruth, an adjoining property owner, mentioned he was concerned for his grandkids whose bus stop is located at the corner of Campbell Rd and Vernie Phillips Rd. His concern was echoed by Jan Phillips, who further discussed the issues with speeding traffic and the semi-trucks trying to navigate the tight turn onto Campbell from Vernie Phillips. Additionally, the neighbors mentioned at the public hearing and at previous meetings that the noise from the fabricating process and everything related to the business doesn’t always conform to the stated hours of the business. It is important to remember that traffic complaints from the neighbors are not issues that can be addressed by the applicant. For instance, the turning radius from Vernie Phillips onto Campbell Rd. is a known issue and would be the responsibility of NCDOT to alter the alignment of the intersection.
Discussion & Analysis:
Per the NC General Statutes 160D-705, Special Use Permits require a Quasi-Judicial Process. The quasi-judicial process shall follow G.S. 160D-406. The Board of Commissioners held the “hearing” at the June 15th meeting. The quasi-judicial process is critical to how the application and evidence can be presented to the board of commissioners and the planning board. While the board let the neighbors speak about their concerns with the project, much of their testimony cannot be used for deciding the outcome. Once the evidentiary hearing is closed, no new testimony can be heard or evidence entered into the record. The board of commissioners received testimony from two expert witnesses and from the owner of the property. One expert witness testified that property values of the surrounding property would not be negatively affected by the permit. The other expert witness testified that the permit would not affect the traffic conditions on the road. Additionally, the attorney for the applicant stated their reasoning for why the findings of fact had been satisfied.
Planning staff gave an initial presentation describing the project to the Board of Commissioners and gave a brief overview of the five findings. Based on the evidence available- the five findings are met. Below is an overview of the answers to the five findings, with full details attached in the accompanying documents.
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.
As was previously stated, a contractors storage yard and staging area is allowed in an R-1 District with a Special Use Permit. This finding is met.
2. The requested special use permit is either essential or desirable for the public convenience or welfare.
A. Traffic: The applicant is claiming there will not be an increase in traffic to the site as a result of this special use permit.
B. Visual Impact and Screening: The applicant has said that the staging area was carefully selected so that it would be shielded from the frontage of Campbell Road and adjoining property owners. They are striving to protect existing vegetation so there will only be a little bit of clearing. Furthermore, the applicant has a landscaping plan for the project including a 20’ type A buffer around the site and a planted berm toward the north of the lay down yard.
C. Lighting: The applicant is not adding any more lighting.
D. Noise: There is some noise associated with placement and picking up the steel
products in the laydown area. However, it is anticipated that there will actually be an overall noise reduction if the SUP is granted in this case.
E. Chemicals, Biological and Radioactive Agents: There are none anticipated.
F. Signs: The neighbors requested directional signs on Campbell Rd to direct the semi-trucks to the business. The applicant will be placing signs on the road.
There are no additional impacts on emergency services and no anticipated effect on surrounding property values. The applicant provided expert testimony during the public hearing attesting to the fact that property values would not be negatively impacted.
3. The requested permit will not impair the integrity or character of the surrounding or adjoining areas, and will not be detrimental to the health, safety, welfare or environment of the community.
A. Need and Desirability: The requested use is only to allow for increased space for storing materials for the current business. The expanded use will increase efficiency of pick up and drop off of materials and could lower the noise level. Having more space will ensure a reduction in noise related to pick-up of products and will further ensure that all products can be accessed in a timely and safe way thereby facilitating better organization of on-site traffic but not a material increase in traffic. The proposed staging area adjoins the fabrication site on the eastern side and is heavily buffered on the remaining three sides adjoining the manufacturing facility. The requested permit will not impair or even change the integrity or character of the surrounding or adjoining areas and will not be in any way detrimental to the health, safety, and welfare of the environment of the community.
B. Survey of Similar Uses: To be sure, this is a unique use in the area. This application is to increase the area available for the current business to operate and will not increase the possibility of other heavy industrial uses in the area.
C. Public Provided Improvements: NA.
4. The requested permit will be consistent with the objectives of the Land Use Plan.
The applicant gave a thorough list of all the reasons the permit is consistent with Plan Chatham. The applicant asserts that the use and the special permit support Employment and Income, Geographic Diversity, and Rural Character, all provisions from Chapter two of Plan Chatham. For instance, the company employs people and promotes economic activity in the western part of the county while also maintaining the rural character of the surrounding area.
5. Adequate utilities, access roads, storm drainage, recreation, open space, and other necessary facilities have been or are being provided consistent with the County’s plans, policies and regulations.
This special use permit will not require any additional utilities, and the current driveway access will be sufficient for the use. All of the stormwater measures will be handled on site and in accordance with county and state regulations.
The planning board heard from staff and the applicant’s attorney during their regularly scheduled meeting on July 7th, 2027. Planning staff gave a presentation of the evidence shared at the initial hearing as well as an overview of the complaints from the neighbors. Five of the neighbors spoke in opposition to the permit at the initial hearing and their objections were noted in the staff report. Nick Robinson, the attorney for the applicant, explained to the planning board that he would not be introducing new evidence, only summarizes his report to the commissioners.
Mr. Robinson explained the applicant’s shift from last year’s broad heavy-industrial rezoning request, which neighbors and commissioners opposed, to a much narrower proposal: keeping the entire 10-acre tract zoned R-1 and seeking a special use permit only for a 3.9-acre contractor storage and staging area. The applicant held multiple meetings with the community and the Appearance Commission, resulting in added protections such as a Type A buffer and a landscaped berm to reduce visual and noise impacts. The applicant asserts that the final plan reflects extensive community input and is designed to minimize the laydown yard’s effect on surrounding residents.
Mr. Robinson said that the site will not add a new entrance from Campbell Road; instead, all trucks and deliveries will use an existing easement and the current large driveway that already serves the adjacent heavy-industrial property. The existing driveway accommodates truck traffic, illustrated by a photo he showed of his own car parked in it, and emphasizes that all access to the proposed staging area will come through that established route rather than creating any new connection to Campbell Road.
Several neighboring property owners raised concerns regarding truck traffic during the joint public hearing and again before the Appearance Commission. Most of those concerns focused on the presence of semi-truck traffic in general and the turning movements at the intersection of Campbell Road and Vernie Phillips Road. In response to concerns regarding trucks turning from Campbell Road into the business, the applicant agreed to install directional signage to better guide truck traffic.
Several members of the Planning Board expressed confusion regarding the quasi-judicial process and the limitations placed on the Board's consideration of evidence following the end of the initial hearing. Staff explained the procedural requirements governing quasi-judicial decisions, including the inability to receive additional evidence after the evidentiary record has been closed. Staff also noted that the Planning Board's opportunity to hear public testimony and question witnesses occurred during the joint public hearing with the Board of Commissioners, which serves as the evidentiary hearing for the Special Use Permit.
Discussion reflected that several Planning Board members were concerned that neighboring property owners were unable to provide additional testimony during the meeting and expressed discomfort with making a recommendation without hearing further public comment. Staff and the applicant's attorney explained that, because the evidentiary hearing had been closed, no additional testimony or evidence could be accepted at that stage of the quasi-judicial process.
Planning Board Chair Mary Roodkowsky asked whether relocating the storage and staging area to the proposed site would allow the applicant to expand the industrial operations at the existing facility. Staff responded that, in theory, such an expansion could be possible. However, any future expansion of the industrial operation would likely require review and approval by other County departments and would be subject to all applicable County regulations and permitting requirements.
The Planning Board voted to recommend approval of the special use permit 7-2 with Ms. Lyons and Mr. Andrews opposing. A minority report was also prepared by the members voting against the special use permit and it is available online with the other materials associated with the application.
How does this relate to the Comprehensive Plan:
The requested permit will be consistent with the objectives of the Land Use Plan by supported Chapter Two, Rural Character and Geographic Diversity. The use of this property in conjunction with the existing business on the adjacent property will have little to no visual impact on the surrounding area and will help maintain the County's rural character, and the continued success of the business promotes economic activity and employment in western Chatham County. It also supports Chapter Four Flexibility for rural businesses and employment opportunities across the county and supporting existing business, including small and medium-sized firms because the business is located in a rural part of Chatham County since 2008 with a record of success and will preserve the rural character of the area.
Budgetary Impact: N/A
Recommendation/Motion:
The Planning Board, by a vote of 7-2, recommends adoption of a resolution approving the special use permit with the following conditions.
Site Specific Conditions
1. The landscaping plan reviewed by the Chatham County Appearance Commission (CCAC) shall be implemented as submitted with the special use permit application. The CCAC and planning staff may inspect landscaping as needed to ensure that the required landscape buffers have been installed and are in good health.
Standard Site Conditions
1. 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 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.
2. 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:
3. 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.
4. Continued Validity - The continued validity and effectiveness of this approval was expressly conditioned upon the continued compliance with the plans and conditional listed above.
5. Non-Severability - If any of the above conditions is held to be invalid, this approval in it’s entirely shall be void.
6. 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.