HomeMy WebLinkAboutBarcenas & Stancil 3 Year Rule SRHarnett County Planning Board
September 5, 2023
Staff Contact: Sarah Arbour, Long Range Planner
(910) 893-7525 or sarbour@harnett.org
Case Number: PLAN2308-0001
Requesting an Exception to the Minor Subdivision 3-Year Rule
SITE INFORMATION
Owner: Samuel Garcia and Maricela Barcenas
Applicant: Stancil and Associates, PLS
Location: Benson Rd., Angier
PIN #: 0693-62-5267.000
Township: Black River
Total Acres: 2.837 # 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 October of 2021, 3.40 acres was separated from the 6.27 acre tract, resulting in the creation of
1 new lot.
The 2.87 acre residual was sold after the subdivision was recorded in 2021, and the new property owners have submitted a minor subdivision to the Planning Department for review. The
applicant is proposing to create 1 additional lot approximately .810 acres in size, creating a 2.027 acre residual
lot. The 3 year period required between minor subdivisions rule applies to subsequent owners of the property.
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.