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LEGISLATIVE RESEARCH CENTER
File #: 24-5335    Version:
Type: Resolution Status: Approval of Agenda and Consent Agenda
File created: 5/31/2024 In control: Planning
On agenda: 8/19/2024 Final action:
Title: Vote to adopt an ordinance amending the zoning ordinance for the request by Drafting and Design Services, Inc on behalf of BOHG Financial, LLC, to rezone Parcel 5132, located at 4133 Old US 1, being approximately 1.331 acres, from R-1 Residential to General Use Neighborhood Business (NB), Cape Fear Township and adopt a resolution approving the following consistency statement: This rezoning is consistent with Plan Moncure by being located within an Employment Center node that encourages a mix of uses being office, industrial and supporting retail and industrial uses
Indexes: Comp Plan Goal 1: Preserve the rural character and lifestyle of Chatham County
Attachments: 1. More information from the Planning department website, 2. BOHG Financial LLC Ordinance to Approve GU Rezoning - Signed, 3. BOHG Financial LLC Resolution Supporting Consistency Statement
Title
Vote to adopt an ordinance amending the zoning ordinance for the request by Drafting and Design Services, Inc on behalf of BOHG Financial, LLC, to rezone Parcel 5132, located at 4133 Old US 1, being approximately 1.331 acres, from R-1 Residential to General Use Neighborhood Business (NB), Cape Fear Township and adopt a resolution approving the following consistency statement: This rezoning is consistent with Plan Moncure by being located within an Employment Center node that encourages a mix of uses being office, industrial and supporting retail and industrial uses

Abstract
Introduction & Background:
A legislative public hearing was held June 17, 2024. Planning staff presented the request and no additional comments were provided.

Current Zoning Map (parcel is outlined in yellow)


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 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.

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

2. The changed or changing conditions, if any, make the proposed rezoning reasonably necessary. The adjacent 193-acre parcel 5585, was rezoned to Light Industrial in 2022 as well as parcel 5588 to Neighborhood Business. This parcel could also be utilized to provide smaller scale supporting services to the area where growth in non-residential development is planned. Due to the other rezonings in this area, it is no longer suitable for residential use. Although ...

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