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HomeMy WebLinkAboutOctober 2021 PB Packet 1 HARNETT COUNTY PLANNING BOARD Monday October 4, 2021 6:00 p.m. Harnett County Development Services 420 McKinney Parkway, Lillington, NC 27546 PUBLIC HEARING 1. Call to order and welcome – Chairman Kathy Wood 2. Invocation & Pledge of Allegiance 3. Approval of Minutes 4. Proposed Zoning Change: Case # PLAN2109-0001 Landowner / Applicant: Thomas E. Chancy / Jimmy Pierce; 106.6 +/- acres; Pin # 1529-44- 3463.000; From RA-40 to RA-30 Zoning District; SR # 1709 (Hodges Chapel Road) & SR # 1704 (Tilghman Road); Averasboro & Grove Townships. 5. Proposed Zoning Change: Case # PLAN2109-0002 Landowner / Applicant: Kenneth Siecinski; 1.15 +/- acres; Pin # 9536-83-0016.000; From RA- 20R to Commercial Zoning District; SR # 1209 (Barbecue Church Road); Barbecue Township. 6. Proposed Text Amendment: Case # PLAN2103-0002 Harnett County Unified Development Ordinance; Article IV; XIV, Sections 13.0, 6.0. To amend Harnett County’s UDO where it pertains to the Military Corridor Overlay. The purpose of the Fort Bragg Military overlay is to promote compatibility between military operations at Fort Bragg and the use of development of private property. This is to ensure Harnett County and Fort Bragg officials coordinate on land use activities impacting or impacted by military operations and training activities. These regulations apply only to that of property that is located within a documented Military Influence Area. Nothing herein requires a change or alteration to land uses or structures existing on the effective date of this Ordinance. 7. Other Business 8. Adjourn STAFF REPORT Page 1 of 5 EZONING STAFF REPORT Case: PLAN 2109-0001 Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: October 4, 2021 County Commissioners: October 18, 2021 Requesting a Rezoning from RA-40 to RA-30 Applicant Information Owner of Record: Applicant: Name: Thomas E. Chancy Name: Jimmy Pierce Address: 2136 Alderman Mill Rd Address: PO Box 2191 City/State/Zip: Dunn, NC 28334 City/State/Zip: Surf City, NC 28445 Property Description PIN(s): 1529-44-3463 Acreage: 106.6 Address/SR No.: Hodges Chapel Rd (SR 1709) & Tilghman Rd (SR 1704) Township: (09) Johnsonville (10) Lillington (11) Neill’s Creek (12) Stewart’s Creek (13) Upper Little River (01) Anderson Creek (02) Averasboro (03) Barbecue (04) Black River (05) Buckhorn (06) Duke (07) Grove (08) Hectors Creek Vicinity Map STAFF REPORT Page 2 of 5 Physical Characteristics Site Description: The property is primarily agricultural use. Surrounding Land Uses: There is mostly agricultural land in the area with some single family residential Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Daily Traffic Count: 1,200 along Hodges Chapel Rd; N/A along Tilghman Rd. Site Distances: Good STAFF REPORT Page 3 of 5 Zoning District Compatibility The following is a summary of potential uses. For all applicable uses for each Zoning district please refer to the UDO’s Table of Uses. CURRENT REQUESTED RA-40 RA-30 Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X X Manufactured Homes, (with design criteria) X Manufactured Homes Multi-Family (SUP required) X Institutional X X Commercial Services Retail Wholesale Industrial Manufacturing Land Use Classification Compatibility The following is a summary of potential uses. For all applicable uses for each Zoning district please refer to the UDO’s Table of Uses. ZONING LAND USE RA-30 Ag & RR 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 (via a SUP)_ X X Institutional Commercial Service Retail Wholesale Industrial Manufacturing STAFF REPORT Page 4 of 5 Site Photographs Site adjacent homes & possible access rd adjacent homes & possible access rd Site & adjacent homes STAFF REPORT Page 5 of 5 Evaluation Yes No 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 benefits of the rezoning do not outweigh any potential inconvenience or harm to the community, as the requested zoning district would allow for higher density developments. Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning is compatible with the Land Use classification of Agricultural & Rural Residential. These areas are typically outside of public sewer service areas and rural in nature. Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to RA-40 will not enhance or maintain the public health, safety and general welfare of the surrounding community. This community is predominately rural, RA-30 is not immediately adjacent, and uses and density provided by the proposed zoning classification may not be compatible within this area. Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Due to the parcel’s size, this application does not need to be considered for a Small Scale rezoning. Suggested Statement-of-Consistency (Staff concludes that…) As stated in the evaluation, the requested rezoning to RA-30 would not only have an impact on the surrounding community, but would also fail to enhance the public health, safety, and general welfare for based on no adjacent RA-30 parcels and potential higher density developments and uses that could occur. It is recommended that this rezoning request be DENIED. Joe E. Godwin Sr., P.E., P.L.S. Consulting Engineers & Surveyors Phone: (919) 894-5731 (919) 894-7765 Joe E. Godwin Jr., P.E., P.L.S. 1403 NC Highway 50 South Fax: (919) 894-8190 Jason E. Godwin, P.L.S. Benson, North Carolina 27504 Email: general@enochengineers.com September 20, 2021 Harnett County Planning 420 McKinney Pwky Lillington, NC 27546 Re: Hodges Chapel 106 acre Chancy Rezoning The reason rezoning is requested, is to effectively develop the land while considering the natural features present. Currently the land is zoned R-40. We are requesting rezoning to R-30 in efforts to provide homes for the local community, while preserving environmentally sensitive areas. Sincerely, Jason E. Godwin, PLS Enoch Engineers, PA STAFF REPORT Page 1 of 5 REZONING STAFF REPORT Case: PLAN2109-0002 Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: October 4, 2021 County Commissioners: October 18, 2021 Requesting a Rezoning from RA-20R to Commercial Applicant Information Owner of Record: Applicant: Name: Kenneth J. Siecinski Name: Kenneth J. Siecinski Address: 166 Bailey Thomas Rd Address: 166 Bailey Thomas Rd City/State/Zip: Sanford, NC 27332 City/State/Zip: Sanford, NC 27332 Property Description PIN(s): 9569-83-0016 Acreage: 1.15 Address/SR No.: 5102 Barbecue Church Rd Township: (09) Johnsonville (10) Lillington (11) Neill’s Creek (12) Stewart’s Creek (13) Upper Little River (01) Anderson Creek (02) Averasboro (03) Barbecue (04) Black River (05) Buckhorn (06) Duke (07) Grove (08) Hectors Creek Vicinity Map Vicinity Map STAFF REPORT Page 2 of 5 Physical Characteristics Site Description: Site is currently occupied by a single-family structure. Surrounding Land Uses: Undeveloped land, several non-residential uses, as well as single-family residential uses. Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Daily Traffic Count: 5,000 along this section of Barbecue Church Rd, 3,000 along Broadway, and 25,000 along Hwy 87. Site Distances: Good STAFF REPORT Page 3 of 5 Zoning District Compatibility The following is a summary list of potential uses. For all applicable uses for each Zoning district please refer to the UDO’s Table of Uses. CURRENT REQUESTED RA-30 Commercial Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X Manufactured Homes, (with design criteria) Manufactured Homes Multi-Family Institutional X X Commercial Services X Retail X Wholesale X (with CUP) Industrial Manufacturing Land Use Classification Compatibility ZONING LAND USE Commercial RC Parks & Rec X X Natural Preserves X X Bona Fide Farms X Single Family X Manufactured Homes, Design Regulated Manufactured Homes Multi-Family Institutional X X Commercial Service X X Retail X X Wholesale X Industrial Manufacturing STAFF REPORT Page 4 of 5 Site Photographs Site Commercial & street view S Residence across the street and street view N Commercial across the street Evaluation Yes No 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 there are several nonresidential uses in this area. Yes 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 Rural Center development node. Rural Center development nodes are “small scale commercial centers”. These areas can be suburban in nature and contain smaller, nonresidential uses. Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning would enhance or maintain the public health, safety and general welfare due to the potential site improvements that could take place. STAFF REPORT Page 5 of 5 Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Due to the same zoning across that street as well as land use compatibility, this application does not need to be considered for a Small Scale rezoning. 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 on the nonresidential growth patterns of this area as well as compliance with the County’s Land Use Plan. Therefore, it is recommended that this rezoning request be APPROVED. 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: 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 1 of 5 TEXT AMENDMENT REQUEST FORM (Internal) Development Services 108 E. Front Street P.O. Box 65, Lillington, NC 27546 Phone: (910) 893-7525 Fax: (910) 893-2793 Planning Board: October 4, 2021 County Commissioners: October 18, 2021 Applicant Information Applicant: Name: Harnett County Development Services Address: 420 McKinney Pkwy City/State/Zip: Lillington NC, 27546 E-mail: Phone: 910-893-7525 Type of Change New Addition Revision Ordinance: Unified Development Ordinance Article: IV; XIV Section: 13.0, 6.0 Current Text: See attached Proposed Text: (Attach additional sheets if necessary) See attached Reason for Requested Change: To amend Harnett County’s U.D.O. where it pertains to Military Corridor Overlay. The purposes of the Fort Bragg Military overlay is to promote compatibility between military operations at Fort Bragg and the use and development of private property by ensuring that, as provided herein, Harnett County and Fort Bragg officials coordinate on land use activities impacting or impacted by military operations and training activities. These regulations apply only to that of property that located within a documented Military Influence Area. Nothing herein requires a change or alteration to land uses or structures existing on the effective date of this Ordinance. Suggested Statement-of-Consistency: (Staff concludes that…) The requested Text Amendment is compatible with Harnett County regulatory documents, and the benefits outweigh any potential inconvenience or harm to the community. Therefore, it is recommended that this Text Amendment request be APPROVED. Page 2 of 5 ATTACHMENT 1 Red Text is proposed Article IV. Zoning & Overlay Districts Section 13.0 Military Corridor Overlay District - MCO 13.1 Purpose The main purpose of this district is to ensure the compatibility between air and exercise operations associated with local military installations occurring at varying hours and land uses on properties nearby, in terms of potential interference with safe aircraft operations, potential threats from falling aircraft, potential impacts of noise, and potential adverse impacts of other military operations and practices, such as small arms and artillery training and exercises, and prescribed or controlled burning of forested land. Compatibility of land uses is encouraged within the five (5) mile area surrounding the local military installation to further the purpose of the installation, as well as to preserve the quality of life of surrounding property owners. Compatibility of surrounding land uses may encourage wildlife preservation and reduce potential interference of light pollution. Prescribed or controlled burning typically takes place on managed lands as a method of reducing the risk of catastrophic fires on those and adjacent lands. Potential adverse effects of controlled burning includes risk to smoke-sensitive individuals as well as reduced visibility on public right(s)-of-way. 13.2 District Dimensions The Military Corridor Overlay Zone shall be identified as including those properties located either fully or partially within five (5) miles of the jurisdictional boundary of a military base. 13.3 Permitted & Special Uses The permitted uses shall be the same as those in the underlying zoning districts. The Special Uses shall be the same as those in the underlying zoning districts. Reasonable regulations within applicable aircraft noise zones, imaginary surfaces, and active airspace, are limited to the height of man-made structures, incompatible uses of land, and incompatible development activities. In addition to the standards set forth in this Section, all uses and structures must comply with all other applicable local, State, and Federal regulations, including Title 14, Part 77 CFR [Code of Federal Regulations]. Further, state level coordination is required for, but may not me limited to: 1. Certain modifications to the zoning map or of permitted uses of land, if proposed within 5 miles of Fort Bragg (N.C.G.S. § 160D-601(b)); 2. Certain tall buildings and structures proposed within 5 miles of Fort Bragg (N.C.G.S. § 143-151.70 et seq.); 3. Proposed Wind Energy Facilities that require approval by the N.C. Department of Environmental Quality. (N.C.G.S. § 143-215.115, et seq); To the extent there is a conflict between the terms of the RLUAC Coordination Agreement or this Ordinance and state law, state law shall prevail. Page 3 of 5 13.4 Required Review To ensure compliance with GS 160D-601(b), notification to the military installation, by way of the Regional Land Use Advisory Council (RULAC) coordination agreement, shall be made on any adoptions or modifications to this Ordinance that may change or affect the permitted uses of land located within five (5) miles of a military installation. In addition, notification shall be made to the military installation on any development projects, including but not limited to subdivisions, site plans, telecommunications towers, windmills, and Special Use Permits, located within the same distance. The military installation, via RULAC, shall be afforded the opportunity to provide comment or analysis on such adoptions, modifications, or developments regarding compatibility. Any comments provided prior to the public hearing or other applicable final review shall be considered by the Board of Commissioners or approving body in rendering a final determination. 13.5 Notification Procedures All plats for site plans and both residential and nonresidential subdivisions located within the Military Corridor Overlay Zoning District, including those for minor subdivisions and preliminary and final major subdivisions, shall include a statement indicating that such lots are located in the district. Further, the required statement shall indicate that homes within the overlay district may, from time to time, be subject to potential adverse effects of operations on the military installation. Article XIV. Definitions & Certifications Section 6.0 Military Corridor Overlay District – MCO The following terms have the following meanings for purposes of enforcing and interpreting Military Corridor Overlay Zone. AIRCRAFT NOISE ZONES Areas that may be affected by noise associated with current aircraft operations and training, as set forth in the ICUZ Study. Pope Army Airfield Aircraft Noise Zones are depicted on the Official Zoning Map. AIRPORT OBSTRUCTION OR INTERFERENCE Any structure, object, or use of land the Fort Bragg commanding general determines impedes operations at Fort Bragg, in any manner described below. 1. A Potential Incompatible Development, or its anticipated impacts, protrude above the planes or surfaces as contained in Title 14, Part 77 CFR [Code of Federal Regulations] or above the established floor elevation of the aviation training routes associated with Fort Bragg; 2. A Potential Incompatible Development, or its anticipated impacts, interfere with pilot vision, communication, radar, or otherwise interferes with the safe and effective operation of military aircraft: 3. Structures are proposed within 10 feet of approach/departure or transitional surfaces or within 10 feet of the established floor elevation of the aviation training routes associated with Fort Bragg; 4. The Potential Incompatible Development produces steam, dust, smoke, light emissions, glare, or other visual impairments; has explosive characteristics; or otherwise interferes with pilot vision or the operation of military aircraft; Page 4 of 5 5. The Potential Incompatible Development produces electrical emissions that interfere with navigation equipment or radio communication between aircraft, Fort Bragg, or other air traffic control facility; or 6. The Potential Incompatible Development attracts wildlife into a Department of Defense Airport Imaginary Surface, pursuant to 14 C.F.R. 77.21, or into an aviation training route, which the Fort Bragg commanding general determines may create a hazard to military operations. AIRSPACE PROTECTION AREA Lands within the zoning jurisdiction of Harnett County, situated beneath the Imaginary Surfaces associated with Pope Army Airfield or that are beneath or within one mile of Fort Bragg’s documented aviation corridors or aviation routes. The Airspace Protection Area is designated on the Official Zoning Map. FORT BRAGG COORDINATING OFFICIAL The Executive Director of the Regional Land Use Advisory Commission (RLUAC) who acts as a liaison with Harnett County for the purpose of coordination under the provisions of this Ordinance. The Fort Bragg Coordinating Official reviews and, as applicable, provides comments related to Potential Incompatible Development in Harnett County and as otherwise required by this Ordinance, the RLUAC Coordination Agreement, or state law. HARNETT COUNTY The Harnett County Board of Commissioners or an administrative designee of the Board of Commissioners. HARNETT COUNTY COORDINATING OFFICIAL: The Manager of Planning Services in the Harnett County Development Services Department Planning Division or the Manager of Planning Services in the Harnett County Development Services Department Planning Division designee. IMAGINARY SURFACES The Imaginary Surfaces associated with Pope Army Airfield, which include all of the land within the airspace depicted on the Official Zoning Map. INSTALLATION COMPATIBLE USE ZONE (ICUZ) STUDY The most recent ICUZ Study or Studies, which identifies the military impacts and Military Influence Areas associated with Fort Bragg and Camp Mackall and identifies types of development considered incompatible with these impacts. As of this Ordinance’s original adoption date, the most recent ICUZ Study for Fort Bragg and Camp Mackall was titled “Fort Bragg Installation Compatible Use Zone Study,” dated September 2017. MILITARY INFLUENCE AREAS Those areas of land within the zoning jurisdiction of Harnett County that may experience the impacts of military training, including Aircraft Noise Zones, the Airspace Protection Area, and lands within 5 miles of the installations (for state-mandated coordination). RENEWABLE ENERGY FACILITY A facility, other than a hydroelectric power facility with a generation capacity of more than 10 megawatts, that either: 1. Generates electric power by the use of a renewable energy resource. 2. Generates useful, measurable combined heat and power derived from a renewable energy resource. 3. Is a solar thermal energy facility. RLUAC COORDINATION AGREEMENT A cooperative agreement, or agreements, between Harnett County, other local governments, and Fort Bragg. The RLUAC Coordination Agreement includes protocol for compliance with the requirements of this Ordinance and state law, as well as other cooperative efforts between the parties to the agreement, and may be amended from time to time. Page 5 of 5 WIND ENERGY FACILITY A structure of any height that converts wind energy into electricity or other energy through the use of one or more turbines or other structures utilizing propeller blades.