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HomeMy WebLinkAboutGregory_ 3yr rule_SRHarnett County Planning Board September 6, 2022 Staff Contact: Jay Sikes, Mgr of Planning Services (910) 893-7525 or jsikes@harnett.org Case Number: PLAN2207-0005 SITE INFORMATION Owner: Richard W. Gregory Applicant: Richard W. Gregory Location: 3386 Matthews Rd (SR 1510) PIN #: 0672-30-1069 Township: Neill’s Creek Total Acres: approx. 23.4 # of Proposed New Lots: 4 Zoning: RA-30 & Conservation MAP REQUEST & DEVELOPMENT BACKGROUND  The applicant requests an exception from the Minor Subdivision ‘three year rule’. In July 2021, one lot was created on property across the street. Now, the owner wishes to create 4 new lots on the opposite side of Matthews Rd. This division will leave a residual tract that could further be developed. However, these new lots will max out the Minor subdivision process for this entire tract, and future development would have to wait 3 full years or follow the Major 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 Previously subdivided lot New area to be subdivided 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.