HomeMy WebLinkAboutCueller_ 3yr rule_SRHARNETT COUNTY
PLANNING BOARD
October 5, 2020
Staff Contact: Jay Sikes, Mgr of Planning Services
(910) 893-7525 or jsikes@harnett.org
Case Number: PLAN2004-0004
SITE INFORMATION
Owner: Luis Cuellar & Gabreilla Cueller
Applicant: Stancil & Assoc, PLS, PA
Location: Mabry Rd (SR 1538)
PIN #: 0682-48-3187
Township: Black River
Total Acres: approx. 13.6 # of Proposed New Lots: 1 Zoning: RA-30
MAP
REQUEST & DEVELOPMENT BACKGROUND
The applicant requests an exception from the Minor Subdivision ‘three year rule’. In February 2019, 3 lots were created. Now, this 13.6 acre tract is under different ownership and
they wish to further subdivide. This division does not seem to create a residual tract that could further be developed via the Minor subdivision process.
Article III, Sect 8.2.1 D of the Harnett County Unified Development Ordinance:
“This procedure may not be used a second time within three (3) years on any property less than 1,500 feet from the original property boundaries by anyone who owned, had an option on,
or held any legal interest in the original subdivision at the time the subdivision received preliminary or final plat approval or by any subsequent owner, individual having an option
on, or individual having any legal interest in the original subdivision at the time the subdivision received preliminary or final plat approval.
However, the Planning Director or Designee may at any time refer the application to the Harnett County Planning Board for consideration to allow a second minor subdivision to occur within
the allotted three (3) years if deemed necessary and appropriate. Subsequent to Planning Board approval, the application shall then be reviewed in accordance with the major subdivision
review and approval process by the Development Review Board. In no case shall utilization of this process allow for the number of new lots created, combined with the number of lots
created by the initial minor subdivision exceed the maximum number of lots permitted by the minor subdivision process. No other requirements set forth by the minor subdivision process
shall be circumvented.