LEGISLATIVE RESEARCH CENTER
File #: 16-1889    Version:
Type: Resolution Status: Passed
File created: 10/3/2016 In control: Planning
On agenda: 12/19/2016 Final action: 12/19/2016
Title: Vote on a request to approve an amendment to the Conditional District Business rezoning for Michael Gress, specifically Condition No. 4, for a two year extension, Parcel No. 89671, located at 162 Beaver Creek Road, New Hope Township.
Attachments: 1. More Information from Planning Department Website
TITLE
Vote on a request to approve an amendment to the Conditional District Business rezoning for Michael Gress, specifically Condition No. 4, for a two year extension, Parcel No. 89671, located at 162 Beaver Creek Road, New Hope Township.

ABSTRACT

Action Requested:
A request by Michael Gress for an amendment to the Conditional District Community Business approval, specifically Condition No. 4, for a two year extension, Parcel No. 89671, located at 162 Beaver Creek Road, New Hope Township.

Introduction & Background:
A legislative public hearing was held on the request October 17, 2016. Planning staff presented the applicant's request and stated reasons why the extension has been requested. No one else spoke on the matter.

The Planning Board met on November 1, 2016 and voted unanimously to approve the consistency statement and extension request as proposed. They discussed that the applicant had made a substantial investment in construction and they considered it a vested right to continue completing his development.

Discussion & Analysis:
Mr. Gress obtained approval for the mini-storage and boat and RV storage facility on November 17, 2014. The approval included additional conditions that are to be complied with as the project advances, in addition to the standards set out in the Chatham County Zoning Ordinance and other regulations that govern the development of the site.
Condition No. 4 of the original approval states "A Certificate of Occupancy shall be obtained within two years of the date of this approval unless other approval/s has been given for an extension, or this approval becomes null and void."
Mr. Gress has been attempting to obtain the first building permits for the site for several months. During the time he was preparing for Land and Water Resources approval, it was discovered the area of disturbance was going to exceed two acres in size. The zoning ordinance at that time required an Environmental Impact Assessment (EIA) for non-residential d...

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