The URL can be used to link to this page

Home My WebLink About081418wsa Agenda PackageHarnett County Board of Commissioners Work Session Tuesday, August 14, 2018 9:00 am 9:00 am Development Services: 1) Upcoming public hearings: a. Proposed Zoning Change: Case # RZ-18-261 Landowners/Applicants: Senter V Others / Par 5 Development Group, LLC; 3.96 +/- acres; Pin #0654-51-3127.000; From RA -30 to Commercial Zoning District; US Hwy 401 N; Hector's Creek Township. b. Proposed Zoning Change: Case # RZ-18-257 Landowner/Applicant: Thomas Garland Parker; 1.09 +/- acres; Pin #9594-06-7981.000; From RA -30 to Commercial Zoning District; NC Hwy 24/87; Anderson Creek Township. 2) Requests approval of FAMPO Fayetteville Air Quality Stakeholders resolution. 9:30 am Update on the Board of Elections, Claire Jones 9:45 am County Manager's Report: - August 20, 2018 Regular Meeting Agenda Review - Invitations and upcoming meetings 10:00 am Closed session 10:30 am Leave to tour new Benhaven Elementary School 12:30 pm Adjourn Board Meeting Agenda Item MEETING DATE: August 6, 2018 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Zoning Change: Case # RZ-18-261 REQUESTED BY: Development Services/ Mark Locklear REQUEST: Landowners/Applicants: Senter V Others / Par 5 Development Group, LLC; 3.96 +/- acres; Pin #0654-51-3127.000; From RA -30 to Commercial Zoning District; US Hwy 401 N; Hector's Creek Township. Development Services staff reccomends APPROVAL for the requested rezoning to Commercial. This request is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community based on the growth in this area as well as the County's Land Use Plan designation for this area. Additional Information: On August 6th, 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\gwheeler\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\TPTEQCLV\SenterCC agenda form.docx Page 1 of 1 88 Harnett COUNTY NORTH CAROLINA. REZONING STAFF REPORT Case: RZ-18-261 Jay Sikes, Mgr. of Planning Services jsi kes@ ha rnett. orq Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: August 6, 2018 County Commissioners: August 20, 2018 Requesting a Rezoning from RA -30 to Commercial Applicant Information Owner of Record: Applicant: Name: Senter V Others Name: Par 5 Development Group, LLC Address: PO Box 1524 Address: 507 Juniper Lake Rd City/State/Zip: Lillington, NC 27546 City/State/Zip: West End, NC 27376 Property Description PIN(s): 0654-51-3127 Address/SR No.: US 401 N. Acreage: 3.96 Township: ❑ (01) Anderson Creek ❑ (02) Averasboro ❑ (03) Barbecue ❑ (04) Black River ❑ (05) Buckhorn ❑ (06) Duke ❑ (07) Grove ® (08) Hectors Creek ❑ (09) Johnsonville ❑ (10) Lillington ❑ (11) Neill's Creek ❑ (12) Stewart's Creek ❑ (13) Upper Little River Vicinity Map • 9029 Site �BROWN ST2272J • 8981 9025- 1 7 • 9018 897fi • • 8962' Hwy 401 • • 48 • -4232. •224 1f423l10 CHALYBEATE SPRINGS R01441 223 • • —• 8826 • • 8784 Vicinity Map m 8842 1\ 174 • 192 • ME•REDF 205 •175 41411 • 4111 Page 1 of 6 STAFF REPORT Ph sical Characteristics Site Description Site is currently vacant. Surrounding Land Uses: Area land uses consist of single family residential Tots and several nonresidential uses. Immediately adjacent to the west, is a 95 acre Industrial site. Also, approximately 200' North of this site are 5.6 acres of Commercially zoned property (8 lots). Services Available Water: ®Public (Harnett County) ❑Private (Well) ❑ Other: Unverified Sewer: ❑ Public (Harnett County) ® Private (Septic Tank) ❑ Other: unverified Transportation: Annual Daily Traffic Count: 10,000 on US 401 Site Distances: good Zoning District Compatibility The following is a summary list of potential uses. For actual permitted uses please refer to the UDO's Table of Uses. CURRENT RA -30 REQUESTED Commercial Parks & Rec X Natural Preserves X X Bona Fide Farms X Single Family X Manufactured Homes, Design Regulated X Manufactured Homes Multi -Family Institutional Commercial Services X Retail X Wholesale X Industrial Manufacturing Page 2 of 6 STAFF REPORT Land Use Classification Compatibility \gruttta site Ernplci,iment Mixed use Compal bd_ry D- e▪ velopment Target Area wy 401 ural Center ZONING LAND USE Commercial Employment Mixed Use Parks & Rec X Natural Preserves X Bona Fide Farms X Single Family X Manufactured Homes, Design Regulated Manufactured Homes Multi -Family X Institutional X X Commercial Service X X Retail X X Wholesale Industrial Manufacturing Future Land Use Map Evaluation ® Yes U No • Yes ® Yes ® Yes 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 requested zoning change to Commercial will not have a negative impact on the community as it is similar in nature to existing zoning districts and development patterns in this area. ❑ No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning is compatible with the existing Land Use classification of a Compact Mixed Use, as well as within the Compatibility Development Target area. These two designations highlight growing areas of the County that consist of planned residential areas mixed with a variety of nonresidential uses. ❑ No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested rezoning to Commercial would maintain or enhance the public health, safety, and general welfare due to the area's existing commercial uses as well as the potential site improvements that would be required. ❑ No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Due to the size of the tract and that the proposed zoning district is not immediately adjacent the application should be evaluated for Small Scale Rezoning. Page 3 of 6 STAFF REPORT Suggested Statement -of -Consistency (Staff concludes that...) As stated in the evaluation, the requested rezoning to Commercial is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community based on the growth in this area as well as the County's Land Use Plan designation for this area. Therefore it is recommended that this rezoning request be APPROVED. Additional Information On August 6th, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of the application based on compatibility to the Land Use Plan. : Small Scale Zoning was considered and all four facts were approved as well. No one spoke in opposition. Site Photo. ra h Site Hwy 401 & Chalybeate Springs intersection Hwy 401 S street view Page 4 of 6 Hwy 401 N street view STAFF REPORT Review Worksheets SMALL SCALE REZONING EVALUATION Small scale zoning is permissible in North Carolina if it is reasonable. The courts have set out the following four factors to be used in a case-by-case analysis to determine if a particular zoning is reasonable. RESONABLENESS FINDINGS OF FACT ❑ Yes ❑ No A. SIZE OF THE TRACT The overall size of the tract of land proposed for rezoning is reasonable when compared to the size of the zoning district in which the subject property is located. ❑ Yes ❑ No B. COMPATIBILITY WITH A COMPREHENSIVE PLAN The proposed rezoning is consistent with any comprehensive plan, plan or elements thereof. ❑ Yes ❑ No C. IMPACT 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. ❑ Yes ❑ No D. COMPARISON OF USES The allowed uses within the proposed zoning district are similar or comparable to uses permitted as currently zoned. It is at the discretion of the Board to carefully analyze the above criteria to determine if the proposed zoning change would be considered reasonable. ❑ GRANTING A SMALL SCALE REZONING Motion to grant the small scale rezoning upon finding that the request is reasonable considering one or more of the above findings of fact A -D being found in the affirmative ❑ DENYING A SMALL SCALE REZONING Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest and is unreasonable due to the following: ❑ The size of the tract ❑ Incompatibility with the comprehensive plan ❑ Impact to surrounding community and immediate neighbors ❑ Proposes uses are extremely dissimilar to those currently permitte TRADITIONAL 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: ❑ Yes ❑ No A. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. ❑ Yes ❑ 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. ❑ Yes ❑ 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.) ❑ Yes ❑ 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. ❑ Yes ❑ No E. The proposed change is in accordance with the comprehensive plan and sound planning practices. ❑ GRANTING THE REZONING REQUEST Page 5 of 6 STAFF REPORT 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. ❑ 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: ❑ The proposal will not place all property similarly situated in the area in the same category, or in appropriate complementary categories. ❑ 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. ❑ 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.) ❑ 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. ❑ The proposed change is not in accordance with the comprehensive plan and sound planning practices. ❑ The proposed change was not found to be reasonable for a small scale rezoning Page 6 of 6 STAFF REPORT Harni COUN Development Services Department www.harnett.orq PO Box 65 108 E. Front St. Lillington, NC 27546 Ph: 910-893-7525 Fax: 910-814-6459 Proposed Zoning Change: Case # RZ-18-261 Landowners: Senter V Others Applicants: Par 5 Development Group, LLC Request: 3.96 acres from RA -30 to Commercial Location: US 401 N.; Hector's Creek Township Pin: # 0654-51-3127 Meeting Date: August 20, 2018 Statement -of -Consistency The requested rezoning to Commercial is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community based on the growth in this area 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 Wheeler, Clerk to the Board strong roots • new growth Board Meeting Agenda Item MEETING DATE: August 20, 2018 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Zoning Change: Case # RZ-18-257 REQUESTED BY: Development Services/ Mark Locklear IMP REQUEST: Landowner/Applicant: Thomas Garland Parker; 1.09 +/- acres; Pin #9594-06-7981.000; From RA -30 to Commercial Zoning District; NC Hwy 24/87; Anderson Creek Township. Development Services staff reccomends APPROVAL for the requested rezoning to Commercial. This request is compatible with the Harnett County Land Use Plan and would have an unreasonable impact on the surrounding community because of the existing commercially zoned properties within the area. Additional Information: On August 6th, the Harnett County Planning Board voted unanimously (4-0) to recommend approval based on adjacent Commercial zooning and compliance with the County's Land Use plan. No one attended the meeting in opposition. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwheeler\AppData\Local\Microsoft\Windows\INetCachelContenlOutlook\TPTEQCLV\Parker_CC agenda form.docx Page 1 of 1 Harnett COUNTY NORT;I CAROLINA REZONING STAFF REPORT Case: RZ-18-257 Jay Sikes, Mgr. of Planning Services isiikes@harnett.orq Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: August 6, 2018 County Commissioners: August 20, 2018 Requesting a Rezoning from RA -30 to Commercial Applicant Information Owner of Record: Name: Thomas Garland Parker Address: PO Box 1524 City/State/Zip: Lillington, NC 27546 Applicant: Name: Thomas Garland Parker Address: PO Box 1524 City/State/Zip: Lillington, NC 27546 Property Description PIN(s): 9594-06-7981 Address/SR No.: NC 24-87 Acreage: 1.09 Township: ® (01) Anderson Creek ❑ (02) Averasboro ❑ (03) Barbecue ❑ (04) Black River ❑ (05) Buckhorn ❑ (06) Duke ❑ (07) Grove ❑ (08) Hectors Creek ❑ (09) Johnsonville ❑ (10) Lillington ❑ (11) Neill's Creek ❑ (12) Stewart's Creek ❑ (13) Upper Little River Page 1 of 5 Vicinity Map STAFF REPORT Ph sical Characteristics Services Available Water: ®Public (Harnett County) ❑Private (Well) ❑ Other: Unverified Sewer: ® Public (Harnett County) ❑ Private (Septic Tank) ❑ Other: unverified Site Description Site is currently occupied by an uninhabited residence which was a part of the former manufactured home park. Surrounding Land Uses: Surrounding land uses consist of various commercial and professional establishments, high density residential developments, and individual single family residences. Transportation: Annual Daily Traffic Count: 34,000 on NC 24-87 Site Distances: good Zoning District Compatibility The following is a summary list of potential uses. For actual permitted uses ' lease refer to the UDO's Table of Uses. NIF H�hy 4/ II�s9410 Parks & Rec Natural Preserves Bona Fide Farms Single Famil Manufactured Homes, Design Regulated Manufactured Homes Multi-Famil Institutional Commercial Services y y Retail Wholesale Industrial Manufacturing CURRENT RA -30 X X X X X REQUESTED Commercial X X X X Page 2 of 5 STAFF REPORT Land Use Classification Compatibility NC 87 Co mpalibilay Development`arpet Area Compact Mixed Use_ Future Land Use Map Parks & Rec Natural Preserves Bona Fide Farms Single Famil Manufactured Homes, Design Regulated Manufactured Homes Multi-Famil Institutional Commercial Service Retail Wholesale Industrial Manufacturin ZONING Commercial LAND USE Compact Mixed Use X y X X X y X X X g Evaluation ® Yes ❑ No ® Yes ® Yes n Yes 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 requested zoning change to Commercial will not have a negative impact on the surrounding properties or the community as it is similar in nature to existing zoning districts and development patterns in this area. No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning is compatible with the existing Land Use classification of a Compact Mixed Use. ❑ No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested rezoning to Commercial would maintain or enhance the public health, safety, and general welfare due to the area's existing commercial uses as well as the neighboring commercially zoned parcels. ® No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: This parcel is immediately adjacent to Commercial zoned property and therefore does not need to be evaluated for small scale rezoning. Page 3 of 5 STAFF REPORT Suggested Statement -of -Consistency (Staff concludes that...) As detailed within the above evaluation, the requested rezoning to Commercial is compatible with the Harnett County Land Use Plan and would not have an unreasonable impact on the surrounding community because of the existing commercially zoned properties within the area. It is recommended that this rezoning request be APPROVED. Additional Information On August 6th, 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. • No one spoke in opposition • RULAC did not have any concerns Site Photo • ra . h Site Site Hwy 87 street view Page 4 of 5 Hwy 87 street view STAFF REPORT Review Worksheets TRADITIONAL 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: ❑ Yes ❑ No A. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. ❑ Yes ❑ 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. ❑ Yes ❑ 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.) ❑ Yes ❑ 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. ❑ Yes ❑ No E. The proposed change is in accordance with the comprehensive plan and sound planning practices. ❑ 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. ❑ 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: ❑ The proposal will not place all property similarly situated in the area in the same category, or in appropriate complementary categories. ❑ 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. ❑ 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.) ❑ 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. ❑ The proposed change is not in accordance with the comprehensive plan and sound planning practices. ❑ The proposed change was not found to be reasonable for a small scale rezoning Page 5 of 5 STAFF REPORT arn� COUN Development Services Department .. .... .. o www.harnett.orq PO Box 65 108 E. Front St. Lillington, NC 27546 Ph: 910-893-7525 Fax: 910-814-6459 Proposed Zoning Change: Case # RZ-18-257 Landowners: Thomas Garland Parker Applicants: Thomas Garland Parker Request: 1.09 acres from RA -30 to Commercial Location: NC Hwy 24/87; Anderson Creek Township Pin: #1s 9584-06-7981 Meeting Date: August 20, 2018 Statement -of -Consistency The requested rezoning to Commercial would not have an unreasonable impact on the surrounding community due to its compatibility with the Harnett County Land Use Plan as well as the existing commercially zoned properties within the area. Therefore, the Harnett County Commissioners APPROVE this rezoning request. Gordon Springle, Chairman ATTEST: Margaret Regina Wheeler, Clerk to the Board strong roots • new growth Board Meeting Agenda Item MEETING DATE: August 20, 2018 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: 2018 Air Quality Resolution REQUESTED BY: Development Services/ Mark Locklear REQUEST: As associated with FAMPO, Harnett County Development Services on behalf of the Fayetteville Air Quality Stakeholders group requests that the County Commissioners adopt the attached resolution. Through being involved in this Stakeholders group and Harnett County passing this resolution, the following benefits are gained: • Ability to receive technical assistance, grants, etc from the EPA; • Confirms, to the EPA, our local government commitment torwards existing and future partnerships via participation in the Air Quality Stakeholders group and other transportation/ planning organizations; • Improve air quality awareness According to FAMPO this is a voluntary commitment and no regulatory burdens fall on Harnett County if adopted. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwheeler\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\TPTEQCLV\Air Quality resolution CC agenda form.docx Page 1 of 1 Harnett C OUNTY NORTH CAROLINA A RESOLUTION IN SUPPORT OF THE FAYETTEVILLE METROPOLITAN AREA AIR QUALITY STAKEHOLDERS' COMMITTEE www.harnett.org WHEREAS, the federal Clean Air Act, through the Environmental Protection Agency (EPA), establishes air quality standards to protect public health and welfare; and WHEREAS, the Fayetteville Metropolitan Area Air Quality Stakeholders' Committee has acknowledged the importance of these standards in promoting quality of life, economic development, and future healthy development; and WHEREAS, the Fayetteville Metropolitan Area Air Quality Stakeholders Committee will strive to maintain at or below the Federal ozone standard as set annually by the EPA; and WHEREAS, in 2003, the Air Quality Stakeholders Committee was created to proactively improve air quality for the citizens in the Fayetteville Metropolitan Area and its participating local governments; and WHEREAS, EPA, in conjunction with state governments, business, industry, and environmental interest, has developed an option known as an "Ozone Advance Program", through which an area, in partnership with the North Carolina Department of Environmental Quality (NC DEQ) and EPA, can voluntarily improve conditions through strategies developed through an Action Plan to help avoid a designation of non -attainment; and WHEREAS, the benefits of participating in an Ozone Advance Program include: clean air sooner, potentially avoiding non -attainment designation; preference during EPA federal grant allocations; flexibility to achieve standards in cost effective ways; development of local standards in partnership with stakeholders and the state, and other benefits; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett County, North Carolina as a member of the Fayetteville Metropolitan Area Air Quality Stakeholders Committee, that the Committee fully supports the Ozone Advance Program as approved by the Fayetteville Area Metropolitan Planning Organization Transportation Policy Board and will participate in the development and implementation of an Action Plan, which will reduce ground -level ozone concentrations in preparation for the upcoming ozone standard. Duly adopted this 20th day of August, 2018 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS ATTEST: Margaret Regina Wheeler, Clerk to the Board strong roots • new growth Gordon Springle, Chairman