Chatham County, NC - File #: 26-0395

• File #: 26-0395
• Version: 1
• Type: Resolution
• Status: Board Priorities
• File created: 7/10/2026
• In control: Planning
• On agenda: 7/27/2026
• Title: Vote to approve a legislative general use rezoning request by EC PROPCO, LLC to rezone Parcels 5377, 5376, 78264, 5470 from R-1 Residential to Ind-H Heavy Industrial, on 292.288 acres, located off Christian Chapel Church Rd., Cape Fear Township
• Indexes: Comp Plan Goal 3: Promote a compact growth pattern by developing in and near existing towns, communities, and in designated, well planned, walkable, mixed use centers., Comp Plan Goal 4: Diversify the tax base and generate more high-quality, in-county jobs to reduce dependence on residential property taxes, create economic opportunity and reduce out-commuting., Comp Plan Goal 7: Provide infrastructure to support desired development and support economic and environmental objectives.

Title

Vote to approve a legislative general use rezoning request by EC PROPCO, LLC to rezone Parcels 5377, 5376, 78264, 5470 from R-1 Residential to Ind-H Heavy Industrial, on 292.288 acres, located off Christian Chapel Church Rd., Cape Fear Township

Abstract

Introduction & Background: A public hearing was held on April 20, 2026. Planning staff presented the request and Jody Leidolf presented for the applicant, as well as provided a PowerPoint presentation. No one else signed up to speak on the matter.

Commissioner Howard asked about any surrounding residences to which Mr. Leidolf stated there are none. The property to the North was rezoned in January 2026 CD-RB for a recreational facility (cricket fields, tennis court, etc.), the properties to the East and South are wooded and owned by Duke Energy and an individual, and the property to the West is owned by Tarheel Land & Timber Inc. These parcels are approximately 500 ft from the southeastern edge of the TIP site where VinFast is to be located.

Commissioner Gomez Flores asked if a data center could be located on this property and if they had been approached about that potential use of the property. Mr. Leidolf stated he wasn’t sure if the landowner had been approached at this time. Board members confirmed with the county attorney that until the moratorium is lifted in February 2027, that one could not be constructed there to which she confirmed that is correct. The planning director also confirmed that after the moratorium is over, a data center could be an allowed use by right if water and sewer are provided otherwise it would require a Special Use Permit.
                     

Discussion & Analysis: When considering general use rezoning, all uses listed in Section 10.13 of the Chatham County Zoning Ordinance listed under the proposed zoning classification are permitted by right or require a special use permit.

Uses listed as SUP³ are permitted uses by right if connected to public water and sanitary sewer. However, due to possible limitations such as wastewater capacity, access to public utilities, built upon area limits, etc., not all uses are feasible. The decision to approve a general use rezoning shall be determined by the following criteria.

Zoning Map

1.                     Any alleged error in the Ordinance, if any, which would be remedied by the proposed amendment. No errors in the Ordinance are being made.

2.                     The changed or changing conditions, if any, make the proposed rezoning reasonably necessary. Plan Moncure was adopted in October 2023. It shows these properties fully located within the Employment Center node area. This site is about 400 ft from the TIP project area and promoted for industrial growth.

The rezoning of these parcels would lead to diversifying the tax base, potential to provide more in-county jobs, and the opportunity for supporting industry and businesses. This industrial site may support up to one million square feet of development area making it desirable for larger end users.

There is an existing public water line on Christian Chapel Church Road just south of this location as well as on the Moncure Flatwood Road. Potential to loop into this system is greatly favored.

3.                     The manner in which the proposed rezoning will carry out the intent and purpose of the adopted Land Use Plan or part thereof.

Plan Chatham Future Land Use & Conservation Plan Map - Rural designation and Plan Moncure - Employment Center node

                              

The rezoning of these parcels falls within the Employment Center designation for Plan Moncure. Page 32 of Plan Moncure states that industrial development is confined to the area south of US 1. Page 88 references this area as being between Old US 1 and Christian Chapel Church Road for economic development.

4.                     Other factors/reasons for supporting the rezoning request. NCDOT will review the driveway permit once a site plan and end user have been identified. Traffic volumes have not been calculated stating the STIP #HE-0006 has three phases of improvements that may be made for Christian Chapel Church Road.

The site will be accessed by one main entrance. The industrial park has +/- 2800 linear feet of frontage so the majority of the viewshed corridor will be protected.

5.                     All other information required on this application or as offered by the applicant in support of the request. Landscaping, lighting, noise, and signage will all meet the Chatham County requirements. Public water is available via an existing line on Christian Chapel Church Rd served by Tri-River and this project plans to connect. The owner will also try to extend the sewer line currently located on the VinFast site for sewer support if Tri River Utilities agrees.

Watershed Protection regulations for erosion control and stormwater will also be met. The properties are located within the WSIV-Protected area outside of the Jordan Lake Buffer Rules. Impervious surface is limited to 36% without curb and gutter, 24% with curb and gutter. The project plans to treat stormwater through an underground stormwater control measure. There are no floodable areas on the property, however, there are several blueline streams noted on the NRCS maps that will need to be buffered.

Watershed Map WSIV-PA                         FEMA Map 3720060600K dated 2/2/2007

        

USGS Map                                   NRCS Map

    

The Planning Board discussed this item during their meeting on May 5, 2026. There was discussion about the types of uses that could potentially be located on a Heavy Industrially zoned property. More specifically, conversation about data centers although an end-user has not been identified at this time.

There was discussion about the possibility of a residential subdivision to which the applicant explained that does not increase employment opportunities or diversify the tax base. This area is within an Employment Center node of Plan Moncure, a small area plan for the Moncure area, which supports the need for non-residential development.

It was asked why the applicant didn’t apply for a Light Industrial zoning classification to which the representative stated based on their discussions with potential end-users the preference for Heavy Industrial would allow for more options to market the property.

The Board was reminded that just because a use is listed as “P” Permitted in the Zoning Ordinance, doesn’t mean they the use will ultimately be viable for a particular site. There are other regulations that apply including built upon area (BUA), access to water and sewer, suitable soils for septic systems, etc.

The Planning Board voted 7-3 to postpone their recommendation until the June 2, 2026 regular meeting.

The Planning Board held the second meeting on this request on June 2, 2026. Jody Leidoff provided a PowerPoint presentation to help clarify issues from the last meeting. It was noted that there is a history of industrial development in the Moncure area. He also provided a spreadsheet outlining the uses that would be permitted by right, permitted by right if connected to public water and sewer, and those that require a Special Use Permit.

Comments by the Planning Board included:

•                     Increasing industrial uses that would cause pollution of air and water resources that are possibly already compromised

•                     Why more residential development in this area, such as a new subdivision, isn’t needed

•                     Support for the potential to add more jobs in the area and the county

•                     Prospective tenants want to know zoning is in place before they consider locating in an area

A minority report was provided by the four members who voted against the rezoning and is provided as an attachment.

How does this relate to the Comprehensive Plan:

The rezoning of these parcels falls within the Employment Center designation for Plan Moncure. Page 32 of Plan Moncure states that industrial development is confined to the area south of US 1. Page 88 references this area as being between Old US 1 and Christian Chapel Church Road for economic development.

Budgetary Impact: N/A

Recommendation/Motion: The Planning Board, by a vote of 6-4, recommends adoption of an ordinance approving a request for a legislative general use rezoning by EC PROPCO, LLC to rezone Parcels 5377, 5376, 78264, 5470 from R-1 Residential to Ind-H Heavy Industrial, on 292.288 acres, located off Christian Chapel Church Rd.

The Planning Board, by a vote of 6-4, recommends adoption of a resolution approving the following consistency statement:

•                     The rezoning of Parcels 5377, 5376, 78264, and 5470 is consistent with Plan Moncure by being located within an Employment Center node. Industrial development is encouraged in the areas south of US 1 and it is in close proximity to other Heavy Industrial zoning districts.