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Home My WebLink About121217wsa Agenda Package9:00 am 9:45 am 10:00 am 10:30 am 10:45 am 11:15am 11:30am 12:00 pm Harnett County Board of Commissioners Work Session Tuesday, December 12, 2017 Meeting with Fort Bragg Garrison Commander COL Kyle Reed Hamett County Library Update, Angela McCauley Memorandum of Understanding between Hamett County partners and Southmountain Children and Family Services for a Children's Advocacy Center in Hamett County, Captain Jeff Armstrong Grant for Hamett County Sheriffs Office to receive K9 service dog, Captain Jeff Armstrong Development Services review of upcoming proposed zoning changes: Case #RZ-17-472, Landowner/Applicant: Adam Kinton; 4.05 +/- acres; Pin# 0653-44-9622.000; From RA-30 to Commercial Zoning District; US Hwy 401 North; Hector's Creek Township. Case #RZ-17-521 Landowner/ Applicant: Glenn Dale Graham; 1.09 +/- acres; Pin# 0566-57-4817.000; From Commercial to RA20-R Zoning District; SR# 2073 (Pendergraft Road); Stewart's Creek Township. Case #RZ-17-519, Landowner/Applicant: Claudia Elizabeth Dove & Deborah Dove Smith / Harold G. Slaughter, Agent; 187 +/-acres; Pin# 0654-24-3 l 86.000; From RA -40 to RA-30 Zoning District; SR# 1416 (Spence Mill Road); Hector's Creek Township. County Manager's Report: December 18 , 201 7 Agenda Review Invitations and upcoming meetings Closed Session Recess Immediately following the work session, the Board of Commissioners will reconvene at the Hamett County Library in Lillington for lunch and a tour of the facility. 121217wsa HC BOC Page 1 What Are Children Advocacy Centers? Children's Advocacy Centers are child-friendly facilities where community professionals are dedicated to a coordinated team approach to caring for victims of child abuse, neglect and witness to violent crimes . What makes the Children 's Advocacy Center model so effective is a unique multi-disciplinary community response that enables law enforcement, prosecutors, child protective services, and the medical and mental health communities to work together as a collaborative team. Together, these professionals strive to investigate and prosecute cases of child abuse and neglect and provide treatment services to children and their non-offending family members. As a result, Children 's Advocacy Centers : • work to minimize trauma, • break the cycle of abuse, • increase prosecution rates of perpetrators, and • provide evidence-based treatment services to child v ictims and their non-offending family members . For nearly 30 years, the Children 's Advocacy Center model has been a beacon of hope for abused children throughout the nation , providing comprehensive services in one community-based facility . Necessary medical, emotional, investigative, and victim advocacy services exist in one child friendly location -ensuring that children are not further victimized by the systems intended to protect them. Children's Advocacy Centers are typically accredited through the National Children 's Alliance (NCA) and, in NC, must meet Standards set forth by the Children 's Advocacy Centers of NC and be a member or provisional member in good standing . Southmountain Children and Family Services currently operates four fully accredited Children's Advocacy Centers in NC and is establishing two additional CACs which have already been given provisional status. Southmountain's clinical treatment programs - Centers of Excellence in Evidence-based Treatment -associated with each CAC are also nationally accredited by the Council on Accreditation. (COA ). 121217wsa HC BOC Page 2 Children's Advocacy Center for Harnett County A Proposal by Southmountain Children and Family Services "A person can never be prepared for the day their child reveals they have been sexually abused . Unfortunately, I was faced with that day last year." These are the words of the mother of a young child seen at one of our four Children's Advocacy Centers. "The whole ordeal was so traumatic," said another mother, "I don't know what we would have done without the Children's Advocacy Center." What makes a Children's Advocacy Center such a blessing to the children and families facing the ordeal of child abuse investigation is primarily the way the system works to reduce the trauma of the situation. The Children's Advocacy Center's main purpose is to coordinate the efforts of the various agencies that intercede in child abuse cases. Without such collaboration, a child victim would have to endure multiple interviews by different professionals. Within the child-friendly atmosphere of each CAC, our highly trained professional Forensic Interviewer interviews the child and records the interview. In addition, our skilled Nurse Practitioner who is specifically trained in sex abuse examinations conducts a forensic medical examination on-site eliminating the need for an emergency room visit. The multidisciplinary team comprised of representatives from all intervening agencies (Social Services, Law Enforcement, DA's office, Mental Health, etc.) review the cases on a weekJy or bi-weekly basis . In addition to gleaning information to prosecute the perpetrator in the case, the team also works to ensure that the victims and their families get assistance with other treatments and services as needed . In 1998 Southmountain Children & Family Services established its first Children's Advocacy Center in Morganton, NC, wh ich was only the s ixth CAC in the State. After learning about the effectiveness of the C AC model created in 1985 in Huntsville, AL by District Attorney Bud Cramer, Jr. (now a US congressmen). Southmountain Administrator Chris Jernigan decided it was a perfect fit for the Agency . After realizing the tremendous effect the Burke Chi ldren 's Advocacy Center was having on child abuse cases, Southmountain decided to open the McDowell Chi ldren·s Advocacy Center in Marion . NC in 2009 This was followed by the Children 's Advocacy Center of the Blue Ridge in Blowing Rock in 2011 to serve Watauga and Avery Counties. In 20 13. Southmountain assumed operation of the C hildren's Advocacy Center of Yancey County expanding its services to Mitchell County whi le renaming it the Children 's Advocacy Center of the Toe River and relocating it to a more central location in Micaville, NC In addition, we are currently in the process of establishing Children's Advocacy Centers in Transylvania and Moore Counties We are now exploring the possibility of establishing a Children Advocacy Center to serve child abuse victims and their non-offending family members in Harnett County . Should our services be requested we would work diligently with community leaders to bring a Children's Advocacy Center to fruition in Harnett County by November 2018 121217wsa HC BOC Page 3 Board Meeting Agenda Item MEETING DA TE: December 18, 2017 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Zoning Change: Case# RZ-17-472 REQUESTED BY: Development Services/ Mark Locklear REQUEST: Landowner/Applicant: Adam Kinton; 4.05 +/-acres; Pin# 0653-44-9622 .000; From RA-30 to Commercial Zoning District; US Hwy 401 North; Hector's Creek Township. Development Services staff reccomends approval based compatability with the Land Use Plan as well as the history of non residential uses on this site. Additional Information: On December 4th , the Harnett County Planning Board voted unanimously (4-0) to recommend approval based on the Land Use plan and previous non residential uses. One citi zen spoke in favor of this application. Also, one spoke in opposition, with concerns about traffic, driveway location, and lights effecting his residence across the street. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C :\Use rs\g wh eeler \AppData\Lo cal\Microsofl\ Windows\lN etCach e\Conte nt.Outlook\TPTEQCLV\K inton _ CCagend a fo rm_l 2 .1 8.17.doc Page I ofl 121217wsa HC BOC Page 4 Harnett COUNTY ~II l 1 l Af<Ot INA REZONING STAFF REPORT Case : RZ-17-472 Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone : (910) 893-7525 Fax : (910) 814-8278 Planning Board : December 4, 2014 County Commissioners: _D_e_c_e_m_be_r_1_8~, _2_0_1_7 __ Requesting a Rezoning from RA-30 to Commercial Applicant Information Owner of Record: Name: Adam Kinton Address: 3317 Bentwillow Dr City/State/Zip : Fuquay Varina, NC 27526 Property Description PIN(s): 0653-44-9622 Address/SR No.: 7615 US Hwy 401 N Township: D (01) Anderson Creek D (02) Averasboro D (03) Barbecue D (05) Buckhorn D (06) Duke D (07) Grove Applicant: Name : Adam Kinton Address: 3317 Bentwillow Dr City/State/Zip: Fuquay Varina, NC 27526 Acreage: 4.05 ------ D (09) Johnsonville D (10) Lillington D (11) Neill's Creek D (04) Black River C8J (08) Hectors Creek D ( 12) Stewart's Creek D (13) Upper Little River Vicinity Map Page 1 of 5 STAFF REPORT 121217wsa HC BOC Page 5 Services Available Water : ~ Public (Harnett County) D Private (Well) D Other: Unverified Sewer: D Public (Harnett County) ~ Private (Septic Tank) D Other: unverified Zonin District Com atibilit The f o llo wing is a summary list of g eneral/ po t ential u ses. For all actual p er m itted uses please refer to th e UDO Use Table. ~&~\/ ~~·tw \ I RA->O Pa ge 2 of 5 IMt • ~~ ""•11Ds ... ite Description: Site is currently occupied by ne main building and several small metal torage buildings. In the past the site was used s an Ornamental Lawn Monument business pproved via conditional use on April 10, 2000 . uly 2017, a CUP was approved fo r an utomotive repair shop, but the business d id not rogress. urrounding Land Uses: Single family residential and agricultural uses. ' Trans portation : Annual Daily Traffic Count : 9,200 Site Distances : Good Parks & Rec Natu ra l Pr ese rves Bona Fid e Farms Sinale Familv Ma nufactured Ho m es, Design Reg u lated Ma nuf a ctured Ho m es Multi-Fa mi Iv I nstitutio na l Commerci a l Service s Retail Whol esale Industr ia l Man ufa ctu r ing CURRENT RA-30 X X X X X X X X REQUESTED Co mmerc ial X X X X X X X STAFF REPORT 121217wsa HC BOC Page 6 Land Use Classification Com ZONING LAND USE RA -30 EMU Parks & Re c X X 1111 Natural Prese rve s X X Bo na Fide Farms X X Single Family X X Manuf actured Homes, Desi g n Regulated X X Ma nufactured Homes Mu lti-Family X Institutional X X Commerci al Service X Retail X X Wholesa le X X Industrial X Manuf a cturing X Evaluation ~ Yes D No The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the re zoning outweigh any potential inconvenience or harm to the community. ~ Yes ~ Yes D Ye s Page 3 of 5 REASONING: The impact to the s urrounding community is reasonable, as the requested zoning d istrict is compatible with the parcel 's history of uses. D No The requested zoning district is COMPATIBLE with the existing Land Use Classification . REASONING: The requested zoning to Commercial is compatible with the overall land u se classification of Employment Mixed Use, as well as within the Compatibility Development T a rget area. The Compatibility Development Target areas is based on potential utility availability and flex ibility w ith lot sizes. D No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to Commercial would enhance or maintain the public health, safety and general welfare due to the uses on th is parcel and the potential site improvements. ~ No The request is for a SMALL SCALE REZONING and should be evaluated for rea sonableness. REASONING: Due the size of the parcel this application does need to be considered a Small Scale Re zoning. STAFF REPORT 121217wsa HC BOC Page 7 Suggested Statement-of-Consistency (Staff concludes that...) As stated in the evaluation, the requested rezoning to Commercial would not have an unreasonable impact on the surrounding community based parcel's history of uses and the County's Land Use Plan compatibility. Therefore, it is recommended that this rezoning request be APPROVED. Additional Information On December 4th, the Harnett County Planning Board voted unanimously ( 4-0) to recommend approval of application based on compatibility to the Land Use Plan and the previous nonresidential uses on this site. One citizen spoke in favor of this application. Also, one spoke in opposition, with concerns about traffic, driveway location, and lights effecting his residence across the street. Subject Property Subject Property in 2016 Street view & site Street view & site Page 4 of 5 STAFF REPORT 121217wsa HC BOC Page 8 Traditional Standards of Review and Worksheet STANDARDS OF REVIEW The Planning Board shall consider and make recommendations to the County Board of Commissioners concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning Board concerning zoning districts and no proposed zoning district will receive favorable recommendation unless: 0Yes 0Yes 0 Yes 0Yes 0Yes 0No 0No 0 No 0 No 0 No A . The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories . B. There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. C. There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) D. There is convinc ing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. E. The proposed change is in accordance with the comprehensive plan and sound planning practices. 0 GRANTING THE REZONING REQUEST Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above findings of fact A-E being found in the affirmative and that the rezoning advances the public interest. 0 DENYING THE REZONING REQUEST Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest and is unreasonable due to the following: 0 The proposal will not place all property similarly situated in the area in the same category, or in appropriate complementary categories. 0 There is not convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. 0 There is not convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. {When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) 0 There is not convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. 0 The proposed change is not in accordance with the comprehensive plan and sound planning practices. 0 The proposed change was not found to be reasonable for a small scale rezoning Page 5 of 5 STAFF REPOR T 121217wsa HC BOC Page 9 r APPLICATION FOR ZONING CHANGE Harnett COUNTY Applicant Information Owner of Record: Name : !l-d§.;n /{,,1bn Planning Department 108 E. Front Street P.O. Box 65, Lillington, NC 27546 Phone: (910) 893-7525 Fax: (910 ) 893-2793 Total Fee: $_200~0 _0 __ Receipt: Permit: j'J-4·]~ Hearing Date: -11.Jou I fu/JJJ/) Applicant: Name: M(/n /{1hv, Address: "33, 7 &oh,.; 1/01,J i)C City /~tate/Zip: &ie/c,y k'<,r,'11,,, .UL 'J?~ 'l. t,; E-mail : jfd(lm wt),, 2:1 cJ Crmc.. / c~'Y\,. Address: 33, 7 fkatw, '/{ow Oc City/State/Zip: F'!t,uc,v V~c;,.,,,1 -<l'c "J-752-0 E-mail: llclcun~~='J.I 01pq1 ~:r <"0::1 Phone: '1 l't -?(p,f:-'} 1 S 1 Phone: qLcJ-t-c, s Fax: Fax: Property Description PIN(s): 00.5·1-!l;L-C/!P 1')... Acreage : ~.oS Acres Address/SR No . : _7..._.(p~i S'"---_,.l;'-"5"'-_Y._..o"-'-1 -"Ur."""-o""'"f+f~b..__._hc"-~-vL'i.....,• yf-_-_v~,.;~r_. 1\,---c~, _,_,_AI_L __ 2~7._.S_~=0--=------- D i rections from Lillington: ltt>\ ..Vod-..h. tv_r 1/(Jfk~'X ·M<.bd y 7m,uS . /J<cJ.j?-l--,Jy ·tk~ /-c:..£1- O..,'\_ Deed Book: s 4J °-1_ Plat Book: ?..co 8 Existing Zoning: D Conservation 0 RA-20M 0 RA-20R ~ RA-30 0 RA-40 D Commercial D Light Industrial D Industrial D Office & Inst 'I Attachments Page: 0 j 55 Page: 6 I CJ-, 3 Requested Zoning: 0 Conservation 0 RA-20M 0 RA-20R 0 RA-30 0 RA-40 [Kl Commercial 0 Light Industrial 0 Industrial 0 Office & Inst'I Township: 0 (01) Anderson Creek D (02) Averasboro D (03) Barbecue D (04) Black River D (OS) Buckhorn D (06) Duke D (07 ) Grove I]'_ (08) Hectors Creek D (09) Johnsonville D (10) Lillington D ( 11 ) Neill's Creek D (12) Stewart's Creek D (13) Upper Little River • Written description of property from recorded deed • Recorded map of property at scale of not less than one ( 1) i nch = 200 feet • Explanation of why the zoning change is requested, addressi ng appl icable portions of Article XII of the Zoning Ordinance Signatures The undersigned applicant hereby certifies that, to the hest of his or her knowledge and belief, all information supplied with this application is true and accurate : Pro~Wne~re ~Lf fr1 Authorized Agent Signature Date Page 1 of 2 APPLICATION FOR ZONING CHANGE 121217wsa HC BOC Page 10 Requirements for Consideration The Planning Board shall consider and make recommendations to the County Board of Commissioners concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning Board concerning zoning districts and no proposed zoning district will receive favorable recommendation unless: 2.1 The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. 2 .2 There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. 2.3 There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) 2.4 There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. 2.5 The proposed change is in accordance with the comprehensive plan and sound planning practices. Page 2 of 2 APPLICATION FOR Z ONING CHANGE 121217wsa HC BOC Page 11 Harnett COUNTY NORTH CAROLINA Development Services Department Proposed Zoning Change: Case# RZ-17-472 Landowner : Adam Kinton Applicant : Adam Kinton Request: 4.05 acres from RA-30 to Commercial Location: Hwy 401; Hector's Creek Township Pin : #0653-44-9622 Meeting Date: December 18, 2017 Statement-of-Consistency www.harnett.org PO Box 65 108 E. Front St. Lillington, NC 27546 Ph : 910-893-7525 Fax : 910-814-6459 The requested rezoning to Commercial is compatible with Harnett County regu latory documents and would not have an unreasonable impact on the surrounding community based on the parcel's history of uses as well as the County's Land Use Plan designation for this area. Therefore, the Harnett County Commissioners APPROVE this rezoning request. Gordon Springle, Chairman ATTEST: Margaret Regina Daniel, Clerk to the Board strong roots • new growth 121217wsa HC BOC Page 12 Board Meeting Agenda Item MEETING DATE: December 18, 2017 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Zoning Change: Case# RZ-17-521 REQUESTED BY: Development Services/ Mark Locklear REQUEST: Landowner/Applicant: Glenn Dale Graham; 1.09 +/-acres; Pin# 0566-57-4817.000 ; From Commercial to RA20-R Zoning District; SR# 2073 (Pendergraft Road); Stewart's Creek Township. Development Services staff reccomends AP PROV AL for the requested rezoning to Residential. This request is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community based on the Land Use Plan and adjacent zoning. Additional Information: On December 4th, the Harnett County Planning Board voted unanimously (4-0) to recommend approval based on existing residential uses and the County's Land Use plan. No one attended the meeting in opposition. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C :\Users\gwhee ler\AppData\Loca l\Mic roso ft\ W indows\IN et Cache\Content. O utloo k\ TPT E QCL V\G rah am _ CCag e nda form _l 2.18.17.doc Pag e I of l 121217wsa HC BOC Page 13 Harnett COUNTY REZONING STAFF REPORT Case : RZ-17-521 Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone : (910) 893-7525 Fax: (910) 814-8278 Planning Board: December 4, 2017 County Commissioners: December 18, 2017 Requesting a Rezoning from Commercial to RA-20R Applicant Information Owner of Record: Applicant: Name : Glenn Dale Graham Name : Glenn Dale Graham Address: 406 Pendergraft Rd Address : 406 Pendergraft Rd City/State/Zip: Bunnlevel, NC 28323 City/State/Zip: Bunnlevel, NC 28323 Property Description PIN(s): 0566-57-4817 Address/SR No.: 406 Pedergraft Rd (SR #20173) Township : D (01) Anderson Creek D (02) Averasboro D (03) Barbecue D (04) Black River Page 1 of 5 cs • 2S • D (OS) Buckhorn D (06) Duke D (07) Grove D (08) Hectors Creek 6l2S • Vicinity Map Acreage: --=-1.:....:c0-=-9 ___ _ D (09) Johnsonville D (10) Lillington D (11) Neill's Creek ~ (12) Stewart's Creek D (13) Upper Little River STAFF REPORT 121217wsa HC BOC Page 14 Aerial Photograph Services Available Water: ~ Public (Harnett County) D Private (Well) D Other: Unverified Sewer: ~ Public (Harnett County) D Private (Septic Tank) D Other: unverified Zonin District Com atibilit Zoning Map Page 2 of 5 Site Description: Site is currently occupied by 1 single family residence and accessory structures. Surrounding Land Uses: single family residential uses, farmland, and a few nonresidential uses in downtown Bunnlevel. Transportation: Annual Daily Traffic Count: 320 along Pendergraft Rd; Site Distances: Good CURRENT Commercial Parks & Rec X Natural Preserves X Bona Fide Farms Sin le Famil Manufactured Homes, Desi n Re ulated Manufactured Homes Multi-Famil Institutional X Commercial Services X Retail X Wholesale X Industrial X Manufacturin X REQUESTED RA-20R X X X X X X X STAFF REPORT 121217wsa HC BOC Page 15 Land Use Classification Com Evaluation l:2J Yes D No ,; ZONING Commercial Parks & Rec X Natural Preserves X Bona Fide Farms X Single Fam ily Manufactured Homes, Design Regulated Manufactured Homes X Multi-Family Institutional X Commercial Service X _______ R_e~ta~i_l X Wholesale X Industrial Manufacturing LAND USE Rural Center X X X X X X X X X The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The impact to the surrounding community is reasonable, as the requested zoning district is similar in nature to the surrounding area. [2J Yes D No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to RA -20R is compatible with the land use classification of a Rural Center. This mixed use type of area is a development node classification with activity centers near existing parcels, util ities, and access to thoroughfares. [2J Yes D No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to RA-20R would maintain the public health, safety and general welfare due to the existing residential uses within the area. D Ye s [2J No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Due to the surrounding residentially zoned area the application does not need to be considered a Small Scale Rezoning. Suggested Statement-of-Consistency (Staff concludes that...) As stated in the evaluation , the requested rezoning to RA-20R would not have an unreasonable impact on the surrounding community and will maintain the public health, safety, and general welfare because of the existing residential uses within the area . Therefore, these existing uses lead to compliance w ith the adopted Land Use Plan . Thus, it is recommended that this rezoning request be APPROVED. Page 3 of 5 STAFF REPORT 121217wsa HC BOC Page 16 Additional Information On December 4th, the Harnett County Planning Board voted unanimously ( 4-0) to recommend approval of application based on compatibility to the Land Use Plan and the adjacent RA-20R zoning . *No one spoke in opposition . Subject Property Subject Property Adjacent houses & street view Adjacent house Page 4 of 5 STAFF REPORT 121217wsa HC BOC Page 17 Traditional Standards of Review and Worksheet STANDARDS OF REVIEW The Planning Board shall consider and make recommendations to the County Board of Commissioners concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning Board concerning zoning districts and no proposed zoning district will receive favorable recommendation unless : 0 Yes O No A. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. 0 Yes O No B. There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. 0 Yes D No C. There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) 0 Yes O No D. There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. 0 Yes O No E. The proposed change is in accordance with the comprehensive plan and sound planning practices. 0 GRANTING THE REZONING REQUEST Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above findings of fact A-E being found in the affirmative and that the rezoning advances the public interest. 0 DENYING THE REZONING REQUEST Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest and is unreasonable due to the following: 0 The proposal will not place all property similarly situated in the area in the same category, or in appropriate complementary categories. 0 There is not convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. D There is not convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) 0 There is not convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. 0 The proposed change is not in accordance with the comprehensive plan and sound planning practices. 0 The proposed change was not found to be reasonable for a small scale rezoning Page 5 of 5 STAFF REPORT 121217wsa HC BOC Page 18 APPLICATION FOR ZONING CHANGE Harnett Planning Department 108 E. Front Street COUNTY P.O. Box 65, Lillington, NC 27546 Phone: (910) 893-7525 Fax : (910) 893-2793 Total Fee: --~.:.._.' ·..::._2 --=-:X_,_,)~·; 0 _~_:i _____ _ Receipt: Permit: / 7 -5;L/ Hearing Date: _IB -= 12 I~/ 11 Q,; cc Property Description PIN(s): ·l · -S -.../ 1 '7. o<.'t ~ Applicant: Name: Address: City/State/Zip : E-mail: Phone: Fax : Address/SR No .: --.!.'f-=c~~,_. --L.l..L.!.l..:....!c.L~~,__-...:::::2..c'---....j>L!e.!...l!.L.LI<1..LL.'-~-=---.:i..-..~=---------- Directions from Lillington: Deed Book: -~-"' o &__ Page: b (.. 30 _ Plat Book: Page: __ _ Existing Zoning: 0 Conservation 0 RA-20M 0 RA-20R 0 RA-30 0 RA-40 [Jcommercial 0 Light Industrial 0 Industrial 0 Office & Inst'I Attachments Requested Zoning: 0 Conservation 0 RA-20M ITYRA-20R 0 RA-30 0 RA-40 0 Commercial 0 Light Industrial 0 Industrial 0 Office & I nst'I Township : 0 (01) Anderson Creek 0 (02) Averasboro 0 (03) Barbecue 0 (04) Black River 0 (05) Buckhorn 0 (06) Duke 0 (07) Grove 0 ( 08) Hectors Creek 0 (09) Johnsonville 0 (10) Lillington 0 {1.1) Neill's Creek Q -'(12) Stewart's Creek 0 (13) Upper Little River • Written description of property from recorded deed • Recorded map of property at scale of not less than one (1) inch = 200 feet • Explanation of why the zoning change is requested, addressing applicable portions of Article XII of the Zon i ng Ordinance Signatures The undersigned applicant hereby certifies that, to the hest of his or her knowledge and belief, all information supplied with this application is true and accurate: Authorized Agent Signature Date Page 1 of 2 APPLICATION FOR ZO NING CHANGE 121217wsa HC BOC Page 19 Tax Parcel / GIS Viewer Page 1 of 1 r-""' Harnett "\ ctu ,o r , Tax Parcel / G IS Vi ewe r so https://g is.hamett .org/gi sviewer/ 11 /7/201 7 121217wsa HC BOC Page 20 '-) -cc C-1.. :]/ . ~ 121217wsa HC BOC Page 21 GENERAL \V ARRA.:\T\' DEE D REVE~1UE: SS0.00 PARCEL ID: 120576 0149 PREPARED BY AND RETURN TO: Hutchens Law Firm Fil e no. 1227791 PO Box 2505. Fayette\·ille, ~C 28302 This instrument prepared by: Emily Price. licensed North Carolina attorney. Delinquent taxes, if any. to be paid by the closing attorney to the county tax collector upon di sbursement of closing proceeds. Brief Legal Description: 1.09ac Old Baptist Parsonage 1'0RTH CAROL"f.\'A COU-:\"TY OF HAR"\'ETT THIS DEED made this 7th day of November 2017. by and between Cynthia Jean Dailey, single. whose address is 33 Abba Circle, Mjddlesex, NC 27557. hereinafter called Granter. and Glenn Dale Graham, unmarried, whose address is -l06 Pendergraft Road. Bunnlevel, NC 28323. hereinafter called Grantee: 121217wsa HC BOC Page 22 The designation Grantor and Grantee as used herein shall include said parties. their heirs. successors, and assigns. and shall include singular. plural, masculine. feminine or neuter as required by context. WITNESSETH That the Granter, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simp le, all that certain lot or parcel of land situated in or near the City of Bwmlevel, ILI\R.l\ffiTT County. North Carolina and more panicularly described as follov;s: See Exhibit A The property hereinabove described was acquired by Grantor by instrument recorded in Book 3406, Page 630, Harnett County Registry, North Carolina. TO HA VE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Granter covenants with the Grantee. that Granter is seized of the premises in fee simple, has the ri ght to convey the same in fee simple. that title is marketable and free and clear of aII encumbrances, and that Granter will warrant and defend the title against the lmvful claims of all persons whomsoe\·er except for the exceptions hereinafter stated . Title to the prope1iy hereinabove described is subject to the follov.:ing exceptions: RestrictiYe coYenants. easements and rights of way as may appear of record in the aforesaid registry as well as current year ad valorem taxes. 121217wsa HC BOC Page 23 IN \\'IThESS WHEREOF. the Grantor has hereunto set his hand and seal. or if corporate, has caused this instrwnent to be signed in the corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors. The property he re in __ is _j_ is not th e prin cip al res id enc e o f th e G ran tors . ~~~ 1 ~_· --4+-(i_c.Pvr------'-"Q;k~.,_---(SEAJ...) ~ia J ea ~il e~· ~ ******************************************************************************* STATEOF Aft __ C-=-uoi._.m._..l'X"""""'-'J"ll\:~:::========-c-o-UN-TT_Y_ I certify that the following person(s) personally appeared before me this day. each acknowledging to me that he or she \'oluntarily signed the foregoing document for the purpose stated therein and in the capaci ty ind icated: C ynthia Jean Dailey This the __ 7th~~-day of f\lQVt'. nil::( . 2017. My~ommission expires: -69 -fJ..D(}. {2 121217wsa HC BOC Page 24 Harnett COUNTY NORTH CAROLINA Development Services Department www .harnett.org PO Bo x 65 108 E. Front St. Lillington, NC 27546 Proposed Zoning Change: Case # RZ-17-521 Landowner: Glenn Dale Graham Applicant: Glenn Dale Graham Request : 1.09 acres from Commercial to RA-20R Location: Pendergraft Rd (SR # 2073) Stewart's Creek Township Pi n: # 0566-57-4817 Meeting Date : December 18, 2017 Statement-of-Consistency Ph: 910-893-7525 Fa x: 910-814-6459 The requested rezoning to RA-20R is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community and will maintain the public health, safety, and general welfare because of the existing residential uses within the area as well as compliance with the County 's Land Use Plan. Therefore, the Harnett County Commissioners APPROVE this rezoning request. Gordon Springle, Chairman ATTEST: Margaret Regina Daniel, Clerk to the Board strong roots • new growt h 121217wsa HC BOC Page 25 Board Meeting Agenda Item MEETING DA TE: December 18, 2017 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Zoning Change: Case# RZ-17-519 REQUESTED BY: Development Services/ Mark Locklear REQUEST: Landowner/Applicant: Claudia Elizabeth Dove & Deborah Dove Smith / Harold G. Slaughter, Agent; 187 +/-acres; Pin# 0654-24-3186.000; From RA-40 to RA-30 Zoning District; SR# 1416 (Spence Mill Road); Hector's Creek Township. Development Services staff reccomends approval based on adjacent zoning as well as compatability with the Land Use Plan. RA-30 would not have an unreasonable impact on the surrounding community and will maintain the public health, safety, and general welfare based on the existing residential uses, similarity to RA-40, as well as compatability with the County's Land Use plan. Therefore, it is recommended that this rezoning request be APPROVED. Additional Information: On December 4th, the Harnett County Planning Board voted unanimously (4-0) to recommend approval based on existing residential uses and the County's Land Use plan. Seveal area residents spoke in opposition and/ or had questions & concerns about increased traffic, Rail Road crossing safety, potential housing types, and general development questions about water line upgrades, septic tanks, etc. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C :\U sers\gwheeler\AppData\Local\M icrosoft\ Windows\lNetC ache\Conte nt. Outlook\ T PTEQCL V\S m i th Dove_ CCagenda fo rm_l 2 .18.17.doc Page I of2 121217wsa HC BOC Page 26 Harnett COUNTY T t ,.. f -r ,., REZONING STAFF REPORT Case: RZ-17-519 Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: December 4, 2014 County Commissioners: _D.:..._:_ec_e_m__;_b_e_r_1_8..,_,_2.....;.0_1_7 __ Requesting a Rezoning from RA-40 to RA-30 Applicant Information Owner of Record: Name: Claudia Elizabeth Dove, Deborah Dove Smith Address: 7412 Harps Mill Rd City/State/Zip: Raleigh, NC 27615 Property Description PIN(s): 0654-24-3186 Applicant: Name : Harold Slaughter, Real Estate Agent Address: 3621-A Anclote Pl City/State/Zip: Raleigh, NC 27615 Acreage: _1=-..:8:...:.7 ___ _ Address/SR No.: _S=..1pc:..::e:..:..n:..::c.::._:_eM:..:.:il..:.._I :....:Rd=-------------------------- Township: D (01) Anderson Creek D (02) Averasboro D (03) Barbecue D (04) Black River Page 1 of 5 D (05) Buckhorn D (06) Duke D (07) Grove [8J (08) Hectors Creek Vicinity Map D (09) Johnsonville D (10) Lillington D (11) Neill's Creek D (12) Stewart's Creek D (13) Upper Little River STAFF REPORT 121217wsa HC BOC Page 27 Services Available Water: ~ Public (Harnett County) D Private (Well) D Other: Unverified Sewer: D Public (Harnett County) ~ Private (Septic Tank) D Other: unverified Zonin District Com atibilit The following is a summary list of potential uses. For actual permitted uses please refer to the UDO's Table of Us es. Page 2 of 5 ite Description: Site is currently vacant, armland. Surrounding Land Uses : Undeveloped land, residential & agricultural uses, and an LCID landfill/ mulch yard. Transportation: Annual Daily Traffic Count: N/A on Spence Mill; 9,200 on Hwy 401 Site Distances: Good Pa rks & Rec Natural Preserves Bona Fide Farms Sin le Famil Manufactured Homes, Design Regulated Manufactured Homes Multi-Famil Institutional Commercial Services Retail Wholesa le Industrial Manufacturing CURRENT RA -40 X X X X X REQUESTED RA-30 X X X X X X X STAFF REPORT 121217wsa HC BOC Page 28 Evaluation [gJ Yes D No ZONING LAND USE RA-30 Ag & R Res/ EMU Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X X Manufactured Homes, Design Regulated X X Manufactured Homes Multi-Family X Institutional X X Commercial Service X Retail X X Wholesale X Industrial Manufacturing The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The impact to the surrounding community is reasonable, as the requested zoning district is similar in nature to the surrounding area. [gJ Yes D No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: This parcel is split between two different land use classifications. However, the requested RA-30 is compatible with both classifications of Employment Mixed Use and Agricultural & Rural Residential. A portion of this property is also within the Compatibility Development Target area. The Compatibility Development Target areas is based on the potential of utility availability and flexibility with lot sizes. [gJ Yes D No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to RA-30 would maintain the public health, safety and general welfare due to the existing residential uses within the area. 0 Yes rgJ No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. Page 3 of 5 REASONING: Due to the size of this parcel and the similarities in the zoning districts, this application does need to be considered a Small Scale Rezoning. STAFF REPORT 121217wsa HC BOC Page 29 Suggested Statement-of-Consistency (Staff concludes that...) As stated in the evaluation, the requested rezoning to RA-30 would not have an unreasonable impact on the surrounding community and will maintain the public health, safety, and general welfare based on the existing residential uses, the similarity between RA-30 & RA-40, as well as the compatibility with the County's Land Use Plan. Therefore, it is recommended that this rezoning request be APPROVED. Additional Information On December 4th, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of application based on compatibility to the Land Use Plan and the existing RA-30 zoning in the area. • Several area residents spoke in opposition and/ or had questions & concerns about increased traffic particularly at Spence Mill & Hwy 401, Rail Road crossing safety, potential housing types, and general development questions about water line upgrades, septic tanks, etc. • Staff also explained the nature of the environmental concerns in the area (primarily the Water Supply Watershed regulations) which leads to density limitations ... no more than 2 homes/ acre. Subject Property Subject Property Street view & site Street view & site Pa ge 4 of 5 STAFF REPORT 121217wsa HC BOC Page 30 Traditional Standards of Review and Worksheet STANDARDS OF REVIEW The Planning Board shall consider and make recommendations to the County Board of Commissioners concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning Board concerning zoning districts and no proposed zoning district will receive favorable recommendation unless: D Yes 0Yes 0Yes D Yes 0Yes 0No D No D No D No D No A. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. B. There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. C. There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) D. There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. E. The proposed change is in accordance with the comprehensive plan and sound planning practices. 0 GRANTING THE REZONING REQUEST Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above findings of fact A-E being found in the affirmative and that the rezoning advances the public interest. 0 DENYING THE REZONING REQUEST Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest and is unreasonable due to the following: D The proposal will not place all property similarly situated in the area in the same category, or in appropriate complementary categories. D There is not convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. D There is not convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved .) D There is not convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. D The proposed change is not in accordance with the comprehensive plan and sound planning practices. D The proposed change was not found to be reasonable for a small scale rezoning Pag e 5 of 5 STAFF REPORT 121217wsa HC BOC Page 31 APPLICATION FOR ZONING CHANGE Harnett Planning Department 108 E. Front Street COUNTY P.O . Box 65, Lillington, NC 27546 Phone: (910) 893-7525 Fax: (910) 893-2793 Total Fee: _j--=;2.'-=o-"-0-"-o _____ _ Receipt: ______________ _ Permit: -t\TEltt1· 51~ Hearing Date: 12-()'/·11 Applicant Information Owner of Record: Name: Claudia Elizabeth Dove , Deborah Dove Smith Address: 7412 Harps Mill Rd . City/State/Zip: Raleigh, NC 27615 E-mail: elizabeth dove@hotmail.com Phone: 919-744-7965 Fax: Property Description Applicant: Name: Harold G. Slaughter, Agent Address: 3621-AAnclote Place City/State/Zip: Raleigh, NC 27607 E-mail: harold@teamrdu.com Phone: 919-323-1059 Fax : PIN(s): 0654 -24-3186.000 Acreage: 187 Acres Address/SR No.: Spence Mill Rd., Fuquay-Varina , NC Directions from Lillington: 401 north, 1.4 miles south of Wake Co. line, left on Spence,--.:M..:..:..ic.:.:..11 ..:..:Rc.=.d ______ _ Deed Book: _2_3_56 ___ Page: 681-683 Plat Book: Page: _ Existing Zoning: D Conservation 0 RA-20M 0 RA-20R 0 RA-30 @ RA-40 D Commercial D Light Industrial D Industrial D Office & Inst'I Attachments Requested Zoning: D Conservation 0 RA-20M 0 RA-20R 0 RA-30 0 RA-40 D Commercial D Light Industrial D Industrial D Office & Inst'I Township: D (01) Anderson Creek D (02) Averasboro D (03) Barbecue D (04) Black River D (05) Buckhorn D (06) Duke --·-------- D (07) Grove 0 (08) Hectors Creek D (09) Johnsonville D (10) Lillington D (11) Neill's Creek D (12) Stewart's Creek D ( 13) Upper Little River • Written description of property from recorded deed • Recorded map of property at scale of not less than one (1) inch = 200 feet • Explanation of why the zoning change is requested, addressing applicable portions of Article XIV of the Zoning Ordinance Signatures The undersigned applicant hereby ertifies that, to the hest of his or her knowledge and belief, all information s pplied with this ap ication is true and accurate: ~'1£~~~ l?J--k>-IT Date Page 1 of 2 APPLICATION FOR ZONING CHANGE 121217wsa HC BOC Page 32 To: Harnett County Planning Department Lillington, North Carolina Application For Zoning Change The owners of the subject property, sisters Deborah Dove Smith and Claudia Elizabeth Dove, acquired the 187-acre property in 2007 from their mother, Mrs. Sue McDonald Dove, who retained a life estate at the time of transfer. Sue M. Dove died in 2009, thus ending the life estate. Since 2009 Mrs. Smith and Ms . Dove have granted leases for portions of the land for agricultural use from time to time but have not actively utilized the land for any other purpose including personal use. Neither Ms. Smith nor Ms. Dove have any direct heirs and have decided to sell the land in order to utilize the proceeds for personal and philanthropic purposes. Observing growth trends in northern Harnett County has convinced them the long- term highest and best use of the property will likely be residential and that is where they have decided to direct their marketing efforts. In order to appeal to a broader range of potential purchasers they request a zoning change from the current RA-40 to RA-30. Given the topographic nature of the land and the results of soil scientist testing, approximately 20% of the land would have to remain as open space in any future residential use. This percentage would far exceed the 10% minimum requirement under the RA-30 classification. 121217wsa HC BOC Page 33 Book 183, page 300, Harnett County Registry August 20, 1914 Beginning at the point where the Dennis Branch empties into the Shuffles branch Mr WA Matthews corner and runs with Dennis branch 62 chs to a stake said Matthews & Motleys corner, thence North 4 llz E 14 chs to a stake Motleys corner, in Mr CK Smiths line, thence S 87 1/.i. W 28so chs to a stake said Smiths corner, thence S 1 Yi E 17 chs to a stake at or near a tobacco barn, thence S 5 W 15 chs to a stake with (?word?) just W of a drain, thence S 27 llz W 32'8 chs to a large maple in the Mason Spring branch, thence down the various courses of said branch about 40so chs to where it empties into Shuffles branch thence with the various courses of Shuffles branch about 21 chs to the beginning and contains one hundred and eighty seven & 82/100 acres more or less 121217wsa HC BOC Page 34 Harnett COUNTY NORTH CAROLINA Development Services Department Proposed Zoning Change: Case # RZ-17-519 Landowner: Claudia Elizabeth Dove & Deborah Dove Smith Applicant: Harold G. Slaughter Request: 187 acres from RA-40 to RA-30 Location: Matthews Rd (SR # 1436) Neil's Creek Township Pin: # 0654-24-3186 Meeting Date: December 18, 2017 Statement-of-Consistency www.harnett.org PO Box65 108 E. Front St. Lillington, NC 27546 Ph: 910-893-7525 Fax: 910-814-6459 The requested rezoning to RA-30 is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community and will maintain the public health, safety, and general welfare based on the existing residential uses, as well as the County's Land Use Plan designation for this area. Therefore, the Harnett County Commissioners APPROVE this rezoning request. Gordon Springle, Chairman ATTEST: Margaret Regina Daniel, Clerk to the Board strong roots • new growth 121217wsa HC BOC Page 35