LEGISLATIVE RESEARCH CENTER
File #: 24-5180    Version:
Type: Resolution Status: Passed
File created: 3/10/2024 In control: Planning
On agenda: 5/20/2024 Final action: 5/20/2024
Title: Vote to approve a quasi-judicial request by 1535 King Road LLC for a Special Use Permit on parcel 95385, zoned Heavy Industrial, located at 1535 King Rd., being approximately 18.685 acres, for an asphalt manufacture or refining plant, Cape Fear Township
Indexes: 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.
Attachments: 1. More information from the Planning department website
Related files: 23-5066
Title
Vote to approve a quasi-judicial request by 1535 King Road LLC for a Special Use Permit on parcel 95385, zoned Heavy Industrial, located at 1535 King Rd., being approximately 18.685 acres, for an asphalt manufacture or refining plant, Cape Fear Township

Abstract
Introduction & Background:
A public hearing was held on February 19, 2024, and continued until March 18, 2024. Planning staff as well as Nil Ghosh, attorney for the applicant, presented the request. There were several expert witnesses that provided information as to the findings to support the use. This included a special report prepared by Spangler Environmental, Inc. that found all findings in the application were supported. A special report is required for certain uses identified in the table of permitted uses and the requirements are found in Section 17.9 of the Zoning Ordinance.

Also speaking were Jared Matthews with Curry Engineering on well water and septic, Jason Hamilton with Exalt Engineering on the traffic impact analysis, Jarvis Martin for the market analysis, and Bob Zarzecki, environmental specialist with S & EC who prepared the Environmental Impact Assessment which was reviewed by the Environmental Review Advisory Committee (ERAC) and Spangler Environmental, Inc.

There was a community meeting that was held January 4, 2022, and no one attended, and no concerns noted.

The applicant met with the Chatham County Appearance Commission on August 23, 2023, to review the proposed site plan. There were more diverse plant selections recommended and the applicant agreed to revise the plan accordingly. All other information was recommended for approval.

One citizen spoke, John Alderman, from the Hickory Mountain Township, to voice concerns because of the Sugar Lake Road plant that has ground water contamination from years ago that is still being monitored by NCDOT and local environmental health officials. Attorney Ghosh objected to allowing Mr. Alderman to speak stating he has no standing t...

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