LEGISLATIVE RESEARCH CENTER
File #: 23-4668    Version:
Type: Resolution Status: Passed
File created: 2/3/2023 In control: Planning
On agenda: 4/17/2023 Final action: 4/17/2023
Title: Vote on a legislative request for approval by Derrick and Latanya Smith for a rezoning on Parcel 85396, located on Moncure Pittsboro Road, Moncure, being approximately 2.003 acres from Conditional Use Neighborhood Business back to R-1 Residential in order to construct a new residence, Haw River 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.
Attachments: 1. More information from the Planning department website
TITLE
Vote on a legislative request for approval by Derrick and Latanya Smith for a rezoning on Parcel 85396, located on Moncure Pittsboro Road, Moncure, being approximately 2.003 acres from Conditional Use Neighborhood Business back to R-1 Residential in order to construct a new residence, Haw River Township.

ABSTRACT

Action Requested:
Vote on a legislative request for approval by Derrick and Latanya Smith for a rezoning on Parcel 85396, located on Moncure Pittsboro Road, Moncure, being approximately 2.003 acres from Conditional Use Neighborhood Business back to R-1 Residential in order to construct a new residence, Haw River Township.

Introduction & Background:
A legislative public hearing was held February 20, 2023. Planning staff presented the request. No one has spoken in opposition of this request.

In September 2012, the applicant's father, Derry Smith, applied for and was approved for a Conditional Use Neighborhood Business rezoning and Conditional Use Permit (CUP) for a car detailing operation. The project never materialized, and the CUP expired leaving a conditional use neighborhood business district with no allowed uses. However, the zoning designation cannot be changed without going through a formal rezoning process. The applicant, now property owner, wishes to revert the zoning to residential in order to build a single-family dwelling.


Discussion & Analysis:
When considering a general use rezoning, all uses listed in Section 10.13 of the Chatham County Zoning Ordinance listed under the proposed zoning classification are permitted. However, due to possible limiting situations such as wastewater capacity, access to public utilities, impervious surface limits, etc., not all uses are feasible. The decision to approve a general use rezoning shall be determined by the following criteria.

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

The changed or changin...

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