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HomeMy WebLinkAboutBarcenas & Stancil 3 Year Rule SR (2)Harnett 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.