Chatham County, NC - File #: 26-0035

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Title

Vote to approve a legislative request to rezone Parcel 5350 being approximately 66.017 acres, located at 3378 Christian Chapel Church Rd., from R-1 Residential to CD-RB Conditional District Regional Business for a recreation facility, Cape Fear Township

Abstract

Introduction & Background: A legislative public hearing was held on November 17, 2025. Planning staff presented the application and Attorney Clinton Cogburn represented the applicant and presented the request. Kevin Barnes with the Timmons Group was also available for questions, as well as the owner of the property. No one signed up to speak on this request and staff have not received any written comments.

Staff noted that the Environmental Impact Assessment had been reviewed by ERAC and via an email, they deemed it “incomplete”, but no written comments had been provided for staff. Staff also noted that the US Army Corps of Engineers has stated to the Watershed Protection Department staff that until 401/404 delineation reviews and permits are issued, no land disturbing permits can be approved.

The fire truck exhibit submitted to the Fire Marshal was approved and staff read the Traffic Impact Analysis (TIA) memorandum stating a full TIA was not required due to the threshold not being met.

Discussion from the Board was as follows:

• How many people could occupy the ground at one time? The owner stated that no more than 300 would be allowed.

• Is access to the facility by membership? The owner stated yes, it would be by membership only and that county residents would be given a discount.

• How would the site be managed? The owner stated there would be full-time attendants while the park is open to ensure everything stays clean and operating properly.

Restrooms or water source? The applicant’s attorney stated they have been approved for port-a-Jons and they would utilize a well on site for drinking fountains and possibly handwashing.

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 alleged. The property is zoned R-1 Residential as seen below.

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. There has been an increase in requests for this type of facility, and none exist within this vicinity in Chatham County or Wake County.

The applicant also states there will be employment opportunities for those operating and maintaining the facility. It will promote surrounding retail and commercial uses by attracting residents and visitors to the area.

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 Rural node of the county Land Use Plan and within the Employment Center node of the Moncure Small Area Plan

• Per the Future Land Use and Conservation Plan map, the property is located within a Rural node which promotes a mix of uses including agriculture, large lot residential, supporting services, and home-based businesses. It is also located within the Employment Center node in Plan Moncure making this a transitional use while maintaining the rural character of the area.

• Goal 1- preserves rural character and lifestyle of the County by implementing recreational space that utilizes natural characteristics.

• Goal 6- provides recreational opportunities and access to open space.

• Goal 10- foster a healthy community by supporting active lifestyles with several options for activity.

4. The requested amendment is either essential or desirable for the public convenience or welfare. The use is not anticipated to generate significantly increased traffic with the bulk of use being on the weekends. There will be no access from abutting properties, and the TIA Memorandum states Christian Chapel Road is able to handle a significant number of trips that this use will produce.

The Chatham County Appearance Commission reviewed the site plan and noted some additional plantings to ensure the Type A opaque buffer that is required surrounding the property.

5. All other circumstances, factors, and reasons which the applicant offers in support of the proposed amendment. The project is permitted up to 36% BUA without curb and gutter. Watershed Protection stated the use of Bermuda grass on the turf mounds was acceptable. However, they will need to review the final aspects of construction of the mounds to ensure impervious surface area calculations are within the limits.

No septic will be needed as they have been approved for the use of port-a-Jons. A well will be utilized for drinking water.

The access road will be reviewed and approved by NCDOT, and the Fire Marshal’s Office requires a drive wide enough for two-way traffic and access to all parts of the project/active areas for safety.

Stormwater measures will be reviewed by the Watershed Protection Department and sized accordingly.

The property is located within the WSIV-Protected Area Watershed with a portion in the Local Watershed

There is no flood area noted on the property per FEMA Map 3720060600K dated 2/2/2007

How does this relate to the Comprehensive Plan:

• Per the Future Land Use and Conservation Plan map, the property is located within a Rural node which promotes a mix of uses including agriculture, large lot residential, supporting services, and home-based businesses. It is also located within the Employment Center node in Plan Moncure making this a transitional use while maintaining the rural character of the area.

• Goal 1- preserves rural character and lifestyle of the County by implementing recreational space that utilizes natural characteristics.

• Goal 6- provides recreational opportunities and access to open space.

• Goal 10- foster a healthy community by supporting active lifestyles with several options for activity.

Budgetary Impact: N/A

The Planning Board discussed the request at their regularly scheduled meeting December 2, 2025. There were several concerns mentioned:

1. No permanent seating for spectators, no permanent restroom facilities, use of port-a-Jons, and the turf design.

Staff advised these are things approved by the Environmental Health and Building Inspections Department. The use of portable restrooms is an allowed use. Unless they install fixed seating, a permanent restroom is not required by building code. The turf design will require approval from the Watershed Protection Department to finalize BUA limitations. This will be done during the standard permitting process.

2. There were questions on how the membership would work and how that would be managed in order to maintain the number of people allowed on the site at one time.

The owner of the property, along with his consultants, stated there would be an attendant at the proposed gate to the property to check memberships and act as quality control. The owner stated in order to actually use the fields or other playing areas, the member will be required to use a “fob” to gain entry.

3. If they decided down the road to add permanent restroom facilities and/or fixed seating, what the process would look like.

The applicant and Board were advised that any changes to the approved site plan that constitutes a significant change would require them to come back through the process to modify the approved site plan. No buildings such as restrooms, concessions, or fixed seating would be allowed without going through that revision process.

4. Use of temporary lighting

The owner stated there is no plan for permanent lighting. However, the Board requested a condition to be added that no lighting, whether permanent or temporary, is permitted. Operations would be from dawn to dusk. This has been added as Condition No. 5 below.

Recommendation/Motion: Vote to approve a legislative request to rezone Parcel 5350 being approximately 66.017 acres, located at 3378 Christian Chapel Church Rd., from R-1 Residential to CD-RB Conditional District Regional Business for a recreation facility, Cape Fear Township.

The Planning Board voted 8-1 to recommend to the Board of Commissioners approval of the following consistency statement resolution:

The request is consistent with the adopted land use plans, specifically:

• The property is located within a Rural node on Future Land Use and Conservation Plan map which promotes a mix of uses including agriculture, large lot residential, supporting services, and home-based businesses. It is also located within the Employment Center node in Plan Moncure making this a transitional use while maintaining the rural character of the area.

• Goal 1- preserves rural character and lifestyle of the County by implementing recreational space that utilizes natural characteristics.

• Goal 6- provides recreational opportunities and access to open space.

• Goal 10- foster a healthy community by supporting active lifestyles with several options for activity.

The Planning Board voted 8-1 to recommend to the Board of Commissioners approval of an ordinance amending the Zoning Ordinance for a legislative request to rezone Parcel 5350 being approximately 66.017 acres, located at 3378 Christian Chapel Church Rd., from R-1 Residential to CD-RB Conditional District Regional Business for a recreation facility with the following conditions:

Site Specific Conditions

1. All required modifications recommended by the Appearance Commission shall be implemented on a revised site plan prior to applying for a Commercial Zoning Compliance permit and before any land disturbing activity can begin. The CCAC and planning staff may inspect landscaping at any time to ensure viability and continuance for meeting the required landscape buffers.

2. The mound designs as well as the confirmed type of turf to be installed shall be approved by the Watershed Protection Department prior to purchase or any land disturbing activity.

3. The project is required to obtain delineation of stream buffers and wetlands by an environmental professional prior to construction approval. The permit issued by the US Corps of Engineers will be an after-the-fact permit and will also cover the proposed impacts by the road crossing. Soil Erosion and Sedimentation control plans can be reviewed and approved prior to the 401/404 approvals being received, however the land disturbing permit cannot be issued until they are received.

4. Pitch No. 4 may not have any activity until after 12 noon on Sundays.

5. No lighting, whether permanent or temporary, shall be permitted. Operations shall be dawn to dusk.

Standard Site Conditions

6. 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 to or variations to any requirements of this permit must be approved through the Planning Department or other approving board before any such changes can take place.

7. All required local, state, or federal permits (i.e. NCDOT commercial driveway permits, NCDWQ, Chatham County Land and Water Resources, and Environmental Health Division, etc.) shall be obtained, if required, and copies submitted to the Planning Department as part of the plating process.

Standard Administrative Conditions:

8. 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.

9. Continued Validity - The continued validity and effectiveness of this approval was expressly conditioned upon the continued compliance with the plans and conditions listed above.

10. Non-Severability - If any of the above conditions is held to be invalid, this approval in its entirely shall be void.

11. 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.