HomeMy WebLinkAboutNOVEMBER PB MEETING PACKET 1
HARNETT COUNTY PLANNING BOARD
Monday November 7, 2022
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
Tabled from the October 3, 2022 Meeting:
4. Land Use Plan Amendment: Case # PLAN2207-0001
Land Owner/ Applicant: G & J Development, LLC/Don Curry, Curry Engineering; PIN
#’s 0662-68-5452.000, 0662-68-6638.000 & 0662-68-0457.000; 26.0 +/- acres. The
applicant requests a Land Use Map Amendment from Low Density Residential to
Medium Density Residential; Black River Township; NC 210 North & SR # 1438 (North
Harnett School Road)
New Business
5. Proposed Zoning Change: Case # PLAN2210-0001
Landowner / Applicant: Vibgyor Reality, LLC / The Site Group; 8.2 +/- acres (out of 22.8-acre
tract); Pin # 9587-66-5863.000; From RA-20R to Commercial Zoning District; Intersection of
NC 27 W & SR # 1115 (Buffalo Lake Road) & SR # 1209 (Barbecue Church Road); Barbecue
Township.
6. Other Business
7. Adjourn
Land Use Plan/ Map Amendment
Development Services Department
Case: PLAN2207-0001
Jay Sikes, Mgr. of Planning Services
jsikes@harnett.org
Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: November 7, 2022 County Commissioners: November 21, 2022
Requesting an Amendment from Low Density Residential to Medium Density Residential
Applicant Information
Owner of Record: Applicant:
Name: G&J Development, LLC Name: Don Curry/ Curry Engineering
Address: 2265 Benson Rd Address: 205 S. Fuquay Ave.
City/State/Zip: Angier, NC 27501 City/State/Zip: Fuquay Varina, NC 27526
Property Description
PIN(s): 0662-68-5452, 0662-68-6638, 0662-68-0457 Acreage: 26
Address/SR No.: 5963 NC 210 N.
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
Zoning
Land Use
Aerial
Physical Characteristics
The property is vacant land, undeveloped land.
Surrounding land uses consist of single-family residences, a Primary School (K-2nd grade) and several
undeveloped parcels.
Per the application, this request is to assist in a residential development while also preserving the
environmentally sensitive areas of these two tracts.
Planned entrance would be onto N. Harnett Primary School Rd
Services Available
Water:
Public (Harnett County)
Private (Well)
Other: Unverified
Sewer:
Public (Harnett County)
Private (Septic Tank)
Other: unverified
Transportation:
Annual Daily Traffic Count:
- NC 210 ~7,800;
- N.Harnett Primary School
~90 cars and 9 buses 2x a
day.
Site Distances: Moderate
Site Photographs
Site NC 210 (south view) Site & N.Harnett School Rd
NC 210 north view Site & NC 210 south view
NC 210 & N.Harnett School Rd N.Harnett School Rd & NC 210 intersection
Staff has evaluated the request and find the following…
The impact to the surrounding community is unreasonable, as it is currently low density residential
along this western side of NC 210;
The proposed land use change could potentially be an inconvenience to adjacent property owners
since the classification would allow for higher density developments;
A higher density development could lead to issues within the existing transportation network and
additional traffic congestion.
The requested Land Use classification is not compatible with the surrounding Land Use districts nor
is it adjacent to the requested classification. The uses and density provided by the current zoning
and land use classification are more appropriate for this area.
On May 16, 2022 two adjacent parcels to the west were reviewed by the Harnett County Board of
Commissioners for consideration of a Med. Density Residential classification. After several area
residents expressed concerns for potential issues such as an increase in traffic congestion, a
negative impact to area schools, and the impact to environmentally sensitive areas, the Board of
Commissioners voted unanimously for the area to remain low density residential. Due to the close
proximity of that decision to this request, a clear precedence has been set that this area should
remain low density residential.
Suggested Statement-of-Consistency (Staff concludes that…)
As listed above, the requested Land Use Map amendment is not compatible with Harnett County regulatory
documents and would have an unreasonable impact on the surrounding community. Therefore, it is
recommended that this reclassification request be DENIED.
Per Harnett County Land Use Plan
Residential Focus Areas
Low Density Residential: Single family detached residential intended to remain predominantly
suburban in character and provide for low density single-family residential development on lots smaller
than those in Rural Residential areas. Gross densities of 1-3 dwelling units per acre depending on utilities,
soils and character of adjacent development.
Medium Density Residential: Medium density residential with a mix of housing types including single
family detached homes with average lot sizes, small-lot homes and patio homes. Gross densities of 2-5
dwelling units per acre. Located in areas served by current or planned utilities or in areas near the extra-
territorial jurisdiction (ETJ) of towns. Additional housing types (including townhomes and apartments)
and higher densities may be appropriate as part of planned developments or near Development Nodes.
STAFF REPORT Page 1 of 6
REZONING STAFF REPORT
Case: PLAN 2210-0000
Jay Sikes, Mgr. of Planning Services
jsikes@harnett.org
Phone: (910) 893-7525 Fax: (910) 814-8278
Planning Board: November 7, 2022 County Commissioners: November 21, 2022
Requesting a Rezoning from RA-20R to Commercial
Applicant Information
Owner of Record: Applicant:
Name: Vibgyor Realty, LLC Name: The Site Group
Address: 301 N. Pine St Address: 1111 Oberlin Rd
City/State/Zip: Lumberton, NC 28358 City/State/Zip: Raleigh, NC 27605
Property Description
PIN(s): 9587-66-5863 Acreage: 8.2 of 22.8
Address/SR No.: NC 27 W
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 6
Physical Characteristics
Site Description: The parcel is currently vacant, partially used for agricultural purposes.
Surrounding Land Uses: single family residential, several non-residential uses, as well as undeveloped
land & agricultural 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:
6,700 along this section of
NC 27 & 4,100 along
Buffalo Lake Rd.
Site Distances: poor to fair
STAFF REPORT Page 3 of 6
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-20R Commercial
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X X
Single Family
Manufactured Homes,
(with design criteria)
Manufactured Homes
X
Multi-Family X
Institutional X X
Commercial Services X (with SUP) X
Retail X
Wholesale X (with SUP)
Industrial
Manufacturing
Land Use Classification Compatibility
ZONING LAND USE
Commercial Rural
Center/ EMU
Parks & Rec X X
Natural Preserves X 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 X
Industrial X (with
SUP)
Manufacturing
The above is a summary list of potential uses. For all
applicable uses for each Zoning district please refer to the UDO’s Table of Uses.
STAFF REPORT Page 4 of 6
Site Photographs
Site Street view
Area commercial properties Street view and adjacent properties
STAFF REPORT Page 5 of 6
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 to Commercial is compatible with Land Use
classification, as there is a Rural Center development node around this intersection.
Rural Center development nodes can involve small-scale commercial/ non-residential
centers.
Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested zoning would maintain the public health, safety and
general welfare due to area’s existing commercial uses in the area, as well as the
potential site improvements that would be required.
Yes No The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness.
REASONING: Due to the Land Use compatibility and the proposed zoning district exists
directly across the street, this application does not need to be evaluated for 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 compliance with the County’s Land Use Plan, as well as
the existing nonresidential uses in this area. Therefore, it is recommended that this rezoning request be
APPROVED.
Standards of Review and Worksheet
TYPICAL REVIEW STANDARDS
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.
STAFF REPORT Page 6 of 6
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
APPLICATION FOR ZONING CHANGE Page 1 of 3
APPLICATION FOR ZONING CHANGE
Planning Department
420 McKinney Pkwy
P.O. Box 65, Lillington, NC 27546
Phone: (910) 893-7525 Opt. 2 Fax: (910) 893-2793
Total Fee:
Receipt:
Permit:
Hearing Date:
Applicant Information
Owner of Record: Applicant:
Name: Vibgyor Realty LLC Name: The Site Group
Address: 301 N Pine Street Address: 1111 Oberlin Road
City/State/Zip: Lumberton, NC 28358 City/State/Zip: Raleigh, NC 27605
E-mail: nick@freshfoods.us E-mail: swj@thesitegroup.net
Phone: (773) 691-5137 Phone: (919) 835-4787
Fax:Fax:
Property Description
PIN(s): 9587-66-5863 Acreage: 8.2 of 22.8 Acres
Address/SR No.: NC 27 W
Directions from Lillington: Take NC 27 southwest from Lillington Barbecue Church Road.
Property Is on the northern side of NC27 between Barbecue Church Road and Buffalo
Lake Road.
Deed Book: 4156 Page: 2480
Plat Book: 2022 Page: 175
Existing Zoning:
Conservation
RA-20M
RA-20R
RA-30
RA-40
Commercial
Light Industrial
Industrial
Office & Inst’l
Requested Zoning:
Conservation
RA-20M
RA-20R
RA-30
RA-40
Commercial
Light Industrial
Industrial
Office & Inst’l
Township:
(07) Grove
(08) Hectors Creek
(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
Attachments
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 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:
Property Owner Signature Date Authorized Agent Signature Date
9/29/22
APPLICATION FOR ZONING CHANGE Page 2 of 3
APPLICATION FOR ZONING CHANGE Page 3 of 3
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.
CPDCBBQ
The SITE Group
1111 Oberlin Road 919‐835‐4787 (o)
Raleigh NC 27605 1/2 919‐839‐2255 (f)
Harnett County Planning Division
420 McKinney Parkway
Lillington, NC 27546
RE: NC 27 W Barbecue Property
Rezoning Request
Our engineering firm is requesting a partial rezoning on behalf of our client for a 22.64 acre parcel located off of
NC 27 W in the Barbecue Township. The PIN for the parcel is 9587‐66‐5863. The property currently has two
zoning designations. There is a 4.38 acre portion near the back of the property that has Conservation District
(CONS) zoning. The remainder of the property is currently zoned Residential / Agricultural (RA‐20R). We are
proposing to rezone 8.26 acres adjacent to NC27 from RA‐20R to Commercial (COMM). Below is an explanation
of how the conditions of Article XII of the zoning ordinance are met with this rezoning request.
2.1 The proposal will place all property similarly situated in the area in the same category, or in appropriate
complementary categories.
The subject parcel is located near the intersection of Buffalo Lake Road and NC 27 W. Properties on the
opposing side of the road are zoned commercial. This rezoning will allow the property owner to provide
commercial development adjacent to the Highway in close proximity to existing commercial uses, and
transition to residential development on the rear portion of the tract further.
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.
The uses permitted under the proposed district are in keeping with the recommendations of the Harnett
Land Use Plan. These uses are in the general public interest by providing access to a wider range of
commercial businesses for residents who live in proximity of the Rural Center identified on the Land Use
Plan. This rezoning also provides opportunities for local job growth in close proximity to the highest
residential concentration in BBQ.
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.)
The proposed district is consistent with the immediately opposite, and SW properties around the Buffalo
Lake Road and NC 27 W intersection. The same zoning classification as other properties in the Rural
Center is being requested, and the allowed uses will be those allowed by the district. The district uses are
appropriate to be located adjacent to an intersection in the center of a node identified as a Rural Center
on the Land Use Plan.
03 October 2022
The SITE Group
1111 Oberlin Road 919‐835‐4787 (o)
Raleigh NC 27605 2/2 919‐839‐2255 (f)
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.
The existing non‐residential footprint is significantly less than the 50,000 sf max that could be supported
by the Rural Center. The potential non‐residential footprint of this rezoning is not excessive and is in
keeping with the development patterns recommended by the land use plan. The uses allowed by the
proposed rezoning, as listed in the Harnett County development ordinance, would not adversely affect
the character of the Rural Center.
2.5 The proposed change is in accordance with the comprehensive plan and sound planning practices.
This rezoning will provide additional commercial space near the intersection at the center of a rural
center identified on the 2016 Land Use Plan Map. The Rural center is not built out, with approximately
17,200 SF of non‐residential development in place. Up to approximately 32,800 SF of additional non‐
residential footprint area would be appropriate for the Rural Center. The location of this property is on
the Highway, near the intersection in an appropriate location to continue the growth of the Rural Center.
Please let me know if you have any questions or concerns regarding this request.
Sincerely,
Susan W Joplin, PE
919‐835‐4787
swj@thesitegroup.net
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