Chatham County, NC - File #: 25-0350

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Title

Vote to adopt a resolution approving a quasi-judicial request for a Special Use Permit revision to the Chatham Downs shopping center, located on Parcel 18906, located at 88 Chatham Downs Dr., to add a fueling station, Williams Township

Abstract

Introduction & Background: A quasi-judicial public hearing was held May 19, 2025. Planning staff presented the request. The applicant also presented the findings and was available for questions. No one signed up to speak and no comments were received from the public.

The Chatham Downs shopping center was approved in 2003 under the Conditional Use B-1 Business district (legacy district) with a Conditional Use permit for a shopping center and related retail and personal services. The property is home to the Harris Teeter grocery store, bank, medical offices, retail, and personal services.

Discussion & Analysis: In reviewing a request for Special Use Permit, the Board of Commissioners must find in favor of all five findings with provided support and may request specific conditions outside of standard conditions to further support the findings. The five findings and the supporting information are all as follows:

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. A fueling station would be allowed under this conditional use permit as an automobile and automobile sales and services use under the B-1 Business zoning district.

Zoning Map

2. The requested special use permit is either essential or desirable for the public convenience or welfare. There are 3 fueling stations approximately one mile north of this location and 1 approximately south with 3 of them being on the west side of US 15-501N. Shoppers would have options for grocery, banking, personal services, retail and now fueling. Harris Teeter shoppers would receive reward points for cheaper fuel prices

There are several residential developments on Lystra Road that could also utilize this service which in turn could help reduce traffic US 15-501.

The facility would be accessible 24/7 through credit card transactions. There is a proposed kiosk with an attendant that would be present from 6am to 10pm for any cash or small convenience item purchases.

3. The requested permit will not impair the integrity or character of the surrounding or adjoining districts, and will not be detrimental to the health, safety, or welfare of the community. The fueling station is planned to match the brick-and-mortar materials as the current Harris Teeter. A 10 ft tall retaining wall will also be installed due to the topography of the site and to allow the proper drainage of the site.

The Appearance Commission also reviewed the plan, and several suggested changes were made and are shown as recommended in the landscape plan. The changes were to reduce redundancy and create an aesthetically pleasing appearance.

Measures taken for development of the site include implementation of a water quality device to treat surface waters and air safety regulations. The proposed fuel tanks will meet or exceed all state and federal regulations for Underground Storage Tanks (UST). The site will also comply with the National Emission Standards for Hazardous Air Pollutants (NESHAP) and will be compliant with Federal and State guidelines for Stage 1 Vapor Recovery.

No new access is needed. An internal connection drive will be installed.

4. The manner in which the proposed amendment will carry out the intent and purpose of any adopted plans or part thereof (i.e. Comprehensive Land Use Plan) are:

Chapter 4 - Land Use - the proposed fuel center will be located within an existing shopping center at a key intersection. This area is identified on the Future Land Use and Conservation Plan Map as a “Community Center” node and meets the goal of concentrating development in these nodes.

Chapter 4 - Strategy 6 - by locating in the existing shopping center avoids “strip” commercial development along key road corridors.

Chapter 4 - Strategy 6.4 - encourages shared driveways and internal connectivity to reduce additional accesses onto 15-501. This project will utilize an internal connection to the already existing access drives.

Future Land Use and Conservation Plan Map showing within Community Center node

5. Adequate utilities, access roads, storm drainage, recreation, open space, and other necessary facilities have been or are being provided consistently with the County’s plans, policies, and regulations. Per FEMA map 3710977500K, dated 11/17/2017, there are no floodable areas on the property.

The project will utilize minimal water and wastewater with the addition of the 240-sf kiosk. County water will continue to serve the site, and they will utilize the existing septic system on the property.

The property is located within the WSIV-Protected Area watershed of the Jordan Lake Buffer rule area. BUA will remain within limits allowed by the Watershed Protection Department.

Below are the Watershed and Flood Area maps

Below are the USGS and NRCS Soils Maps

How does this relate to the Comprehensive Plan:

Chapter 4 - Land Use - the proposed fuel center will be located within an existing shopping center at a key intersection. This area is identified on the Future Land Use and Conservation Plan Map as a “Community Center” node and meets the goal of concentrating development in these nodes.

Chapter 4 - Strategy 6 - by locating in the existing shopping center avoids “strip” commercial development along key road corridors.

Chapter 4 - Strategy 6.4 - encourages shared driveways and internal connectivity to reduce additional accesses onto 15-501. This project will utilize an internal connection to the already existing access drives.

Budgetary Impact: N/A

The Planning Board discussed the Special Use Permit revision at their regular meeting on June 3, 2025. There was discussion about the Appearance Commission recommendations about the landscaping plan and the types of plants, whether the lighting would be shieled, if electric vehicle charging stations would be installed, and access. The applicant responded that they will follow the Appearance Commission recommendations, lighting will comply with county standards, that there isn’t adequate space to add EV charging stations, and that access has been reviewed and found to be adequate. There were three separate motions made by the board as reflected below:

Unanimous vote of 10-0 to approve the Special Use Permit revision with the current conditions as stated.

Vote of 6-4 to recommend at least one EV charging station, if possible, to the fueling station.

Unanimous vote of 10-0 to ensure the native species plants recommended by the Appearance Commission be incorporated into a revised landscaping plan.

Recommendation/Motion:

Vote to adopt a resolution approving a quasi-judicial request for a Special Use Permit revision to the Chatham Downs shopping center, located on Parcel 18906, located at 88 Chatham Downs Dr., to add a fueling station, Williams Township with the following conditions.

Site Specific Conditions

1. All previous conditions approved for the Chatham Downs shopping center shall remain valid and in effect.

2. The landscaping plans as reviewed by the CCAC for this submittal request shall be followed. Any deviations from the plan will require re-review by the CCAC and planning staff. Periodic inspections of the landscaping shall be made to ensure survival and meeting landscape buffer requirements.

3. A building permit shall be obtained and remain valid at all times within two (2) years of the date of this approval or the SUP becomes null and void for this additional use and shall revert back to the previous permitted uses.

4. All land disturbing activity shall be reviewed and approved by the Watershed Protection Department prior to disturbance to ensure no water features, streams, storm drainage ditches, etc. are present or for any associated riparian buffers that are impacted.

Standard Site Conditions

5. 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.

6. 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:

7. 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.

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

9. Non-Severability - If any of the above conditions is held to be invalid, this approval in it’s entirely shall be void.

10. 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.