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HomeMy WebLinkAbout090324 a packetHarnett County Board of Commissioners Regular Meeting Minutes August 19, 2024 Page 1 of 5 HARNETT COUNTY BOARD OF COMMISSIONERS Regular Meeting Minutes August 19, 2024 The Harnett County Board of Commissioners met in regular session on Monday, August 19, 2024 at 6:00 pm, in the Commissioners Meeting Room, Harnett County Resource Center and Library, 455 McKinney Parkway, Lillington, North Carolina. Members present: William Morris, Chairman W. Brooks Matthews, Vice Chairman Barbara McKoy, Commissioner Lewis W. Weatherspoon, Commissioner Matthew B. Nicol, Commissioner Staff present: Brent Trout, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Melissa Capps, Clerk Chairman Morris called the meeting to order at 6:00 pm. Commissioner Weatherspoon led the Pledge of Allegiance and provided the invocation. Chairman Morris called for any additions or deletions to the published agenda. Vice Chairman Matthews made a motion to approve the agenda as published. The motion was seconded by Commissioner Nicol. The motion carried unanimously. Commissioner Nicol made a motion to approve the consent agenda. Commissioner Weatherspoon seconded the motion. The motion passed unanimously. The items on the consent agenda were as follows: A.Minutes i.Regular Meeting Minutes of August 5, 2024 ii.Work Session Minutes of August 13, 2024 B.Resolution requesting NCDOT add Avery Pond Dr, Mineral Springs Ln, Squire St, Rowland Dr, Tralee Ct, Old Head Way, Kinsale Ct, Doonbeg Dr, Lahinch Dr and Waterville Way in Avery Pond Subdivision to the State’s Secondary Road System. (Attachment 1) C.Resolution requesting NCDOT add Kirby Smith Cir, Mosby Ln, and Ext SR 2480 Bedford Rd in Westerfield Farms Subdivision to the State’s Secondary Road System. (Attachment 2) D.The Harnett County Public Library respectfully requests to continue their membership of the NC Cardinal Consortium. As a member of this consortium, the Harnett County Library System has access to a shared catalog with other participating library systems as well as an integrated library system and shared library materials. Item 4Ai Harnett County Board of Commissioners Regular Meeting Minutes August 19, 2024 Page 2 of 5 E. Veterans Services requests the Board of Commissioners approve the acceptance of $50,000.00 from Alliance Health for Veterans Treatment Court Participants. Funds cover one contracted position, drug and alcohol assessments and mental health treatment. F. Veterans Services requests permission to apply for a Governors Crime Commission Crisis Intervention Grant. This Grant is a 2-year Grant in the amount of $500,000. There is no County match required. G. Legal received an offer of $10,000.00 plus publication fees and survey costs to purchase real property located at 87 Stone Wood Lane, Sanford, North Carolina, PIN number 03958601 0374 74. Legal requests the adoption of a resolution to sell real property and begin the upset bid process pursuant to N.C. General Statute 160A-269. (Attachment 3) H. The Harnett County Commissioners would like to reappoint Rickie Day to the Harnett County Planning Board, appoint Robin Johnson and reappoint R.H. Bryd, Dudley Langdon and Henry Randolph to the Agricultural Advisory Board, and appoint Kandi Tudor and Laurie Maki to the Harnett County Board of Health. Brent Trout, County Manager, stated tonight is a very special night, we have some guests in our audience tonight representing the Rouse Family. So tonight, I am happy to announce the Order of the Long Leaf Pine is presented to John Rouse. Roy Cooper, Governor, reposing special confidence in the integrity, learning and zeal of John L. Rouse, Jr., I do confer the Order of the Long Leaf Pine with the rank of Ambassador Extraordinary privileged to enjoy fully all rights granted to members of this exalted order among which is the special privilege to propose the following North Carolina Toast in select company anywhere in the free world: ‘Here’s to the land of the long leaf pine, The summer land where the sun doth shine, Where the weak grow strong and the strong grow great, Here’s to “down home,” the Old North State!” A framed copy of the Order of the Long Leaf Pine was presented to his wife, Monica Rouse and daughter, Campbell Rouse. Ms. Campbell Rouse read her college essay. Chairman Morris opened the meeting for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. The following people provided comments: 1. Johnny Adams of 404 Executive Drive, Lillington, NC. 2. Larry Mitchell of 487 Century Drive, Cameron, NC. 3. Jerry Rivas of 364 Twin Ponds Road, Sanford, NC. Harnett County Board of Commissioners Regular Meeting Minutes August 19, 2024 Page 3 of 5 No one else spoke. The public comment period was closed. Alvin McArtan provided the annual report on Sandhills Antique Farm Equipment Club. Sarah Arbour, Planner II, petitioned the Board for a Public Hearing on Proposed Text Amendment: Case #PLAN2407-0001 Applicant: Harnett County Development Services; Harnett County Unified Development Ordinance; Article III, Section 8.2.1 D. Harnett County Three-Year Rule for Minor Subdivisions. Ms. Arbour provided the current text: “If the applicant owns, leases, holds an option on, or holds any legal or equitable interest in any property adjacent to or located directly across a street, easement, or right-of-way from the property to be subdivided, the subdivision shall not qualify under the minor subdivision procedure. The minor subdivision 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.” Ms. Arbour stated staff has been working with Legal to incorporate comments received during the work session. We are working really hard to get that language as solid as we can and correct. At this time, we would like to ask the board to consider tabling this item after the public hearing so we can bring you the language asked for at the next work session. Chairman Morris opened the public hearing, no spoke and the public hearing was closed. Commissioner Nicol made a motion to table this item until September 3, 2024. Commissioner Weatherspoon seconded the motion, and the motion carried unanimously. Staff will bring the proposed text to the Board at the August 27, 2024 Work Session. Ms. Arbour petitioned the Board for a public hearing on Proposed Zoning Change: Case #PLAN2406- 0003 Landowner / Applicant: Florence Wellons / Wellco Contractors; 7.07 +/- acres; Pin #0504-87- 5022.000; From Commercial to RA-20M Zoning District; Anderson Creek Township; SR # 1121 (Ray Road). The parcel is vacant land split into two sections by Coopers Creek Ave., a road from the abutting residential subdivision. The site was formerly a manufactured home park. Surrounding land uses consist of single and multi-family residences, and various commercial uses such as offices, retail stores, service establishments, and restaurants. Public water and sewer are available. Average daily trips on Ray Road is 13,000 and site distances are good. Staff’s evaluation: • The subject property is contiguous to the requested zoning district, RA-20M, and the request does not require an evaluation for reasonableness as a small-scale rezoning. • The subject property is adjacent to residential subdivisions zoned RA-20M, and the uses permitted in the requested zoning designation are overall less intense than those in the current Harnett County Board of Commissioners Regular Meeting Minutes August 19, 2024 Page 4 of 5 zoning district. A change of zoning to the RA-20M zoning district would potentially allow for more compatible uses than the current Commercial zoning designation. • The uses permitted outright in the RA-20M zoning district would be appropriate in the area included in the proposed zoning change. There is no convincing demonstration that every allowable special use in the RA-20M would be entirely appropriate in the area; however, such uses would only be permitted with a special use permit granted by the Board of Adjustment. A special use permit could be granted or denied based on the Board’s findings, and the Board could place conditions on any permit granted. • The uses permitted outright in the RA-20M zoning district will not materially and adversely affect the character of the neighborhood. The uses permitted outright in the requested zoning district are primarily residential, which would be compatible with the surrounding residential uses. • The proposed change is in accordance with the comprehensive plan and sound planning practices. The underlying land use is Compact Mixed Use, which is a mixed-use development node which supports both residential and commercial uses where appropriate. As stated in the evaluation, the requested rezoning to RA-20M is reasonable and Planning Services staff recommends that the requested rezoning to the RA-20M zoning district is APPROVED. At the August 5, 2024 Planning Board meeting, the Planning Board voted unanimously (5-0) to approve the zoning change. The Planning Board found that the requested zoning district is compatible with the surrounding zoning district. Several residents attended the meeting, and 2 residents from the adjacent subdivision spoke. The residents asked questions and expressed concerns about the future development of the subject property as a residential subdivision. The residents' concerns included school capacity issues, stormwater runoff, a potential increase in traffic, and the potential impact on home values. Commissioner McKoy asked what the property was currently zoned. Ms. Arbour stated it is mixed zoning, the portion of the northern property is currently zoned commercial and the request is to rezone as residential. Chairman Morris opened the public hearing and asked if there was anyone who would like to speak in favor of the request and the following people spoke: 1. Larry Mitchell shared concerns regarding traffic on Ray Road. 2. Billy Wellons, developer of the property, provided history on the property and spoke in favor of the rezoning request. Chairman Morris asked if there was anyone who would like to speak against the request. No one spoke. Chairman Morris closed the public hearing. Commissioner Weatherspoon made a motion to approve the rezoning request to RA-20M zoning district. The motion was seconded by Commissioner Nicol and carried unanimously. (Attachment 4) Harnett County Board of Commissioners Regular Meeting Minutes August 19, 2024 Page 5 of 5 Brent Trout, County Manager, stated last week I forgot to mention the Performance Management Report was included in your last packet. Commissioner Nicol made a motion to approve the budget amendments as requested by the Finance Officer. The motion was seconded by Commissioner Weatherspoon and carried unanimously. (Attachment 5) Commissioner Nicol made a motion to approve the tax rebates, refunds and releases as requested by the Tax Administrator. The motion was seconded by Commissioner McKoy and carried unanimously. (Attachment 6) Mr. Trout reviewed a request from Duke Energy is requesting approval of a utility easement through our property to provide service to the Magnolia School Renovation project. The renovation is project is being done by the I-95/I-40 Crossroads of American Economic Development Alliance for a workforce development center. Harnett County has committed $5 million towards the renovation project. Harnett County is leasing the building to the Alliance and will continue ownership after the project is complete. Since Harnett County will maintain ownership, the easement must be approved by the Board of Commissioners. Commissioner Nicol made a motion to approve the easement for Duke Energy to provide service to the Magnolia School Renovation project. The motion was seconded by Commissioner McKoy and carried unanimously. Commissioner Nicol made a motion to adjourn at 6:39 pm. The motion was seconded by Commissioner McKoy and carried unanimously. ____________________________________ ___________________________________ William Morris, Chairman Melissa Capps, Clerk Harnett County Board of Commissioners Work Session Minutes August 27, 2024 Page 1 of 4 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Work Session August 27, 2024 The Harnett County Board of Commissioners met in work session on Tuesday, August 27, 2024, at 9:00 am, in the Commissioners Meeting Room, Harnett County Resource Center and Library, 455 McKinney Parkway, Lillington, North Carolina. Members present: William Morris, Chairman W. Brooks Matthews, Vice Chairman Lewis W. Weatherspoon, Commissioner Matthew B. Nicol, Commissioner Member absent: Barbara McKoy, Commissioner Staff present: Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Brent Trout, County Manager Melissa Capps, Clerk Chairman Morris called the Harnett County Board of Commissioners meeting to order at 9:00 am. Commissioner Weatherspoon led the Pledge of Allegiance and provided the invocation. The following agenda was before the Board of Commissioners: 1.Call to order – Chairman William Morris 2.Pledge of Allegiance and Invocation – Commissioner Lewis Weatherspoon 3.Paramedic Academy Update; Larry Smith, Emergency Services Director 4.Discuss a request for the approval of the fireworks application from Pyro East Coast, Inc. for Campbell University’s football season fireworks displays; Larry Smith, Emergency Services Director 5.Discuss Proposed Text Amendment: Case #PLAN2407-0001 Applicant: Harnett County Development Services; Harnett County Unified Development Ordinance; Article III, Section 8.2.1 D. Harnett County Three-Year Rule for Minor Subdivisions; Mark Locklear, Development Services Director 6.Discuss a request to approve a Memorandum of Understanding (MOU) Completing Access to Broadband (CAB) Program with North Carolina Department of Information Technology (NCDIT); Brent Trout, County Manager 7.Review applications to serve on Boards and Committees. 8.County Manager’s Report – Brent Trout, County Manager •Discuss a request from the Harnett County Public Library for permission to apply for annual state aid from the North Carolina Department of Cultural Resources, the State Library. •September 3, 2024 Regular Meeting Agenda Review Item 4Aii Harnett County Board of Commissioners Work Session Minutes August 27, 2024 Page 2 of 4 • Upcoming meetings and invitations 9. Closed Session 10. Adjourn Larry Smith, Emergency Services Director provided an update on the Paramedic Academy. Mr. Smith also reviewed a request for the approval of the fireworks application from Pyro East Coast, Inc. for Campbell University's football season firework displays. East Coast Pyrotechnics meets all requirements along with fire code compliance for the events. The events will take place on 9/21,9/28,10/5,10/26,11/9 and 11/23. Consensus of the Board was to place this item on the consent agenda. Mark Locklear, Development Services Director, reviewed the Proposed Text Amendment Case #PLAN2407-0001 Applicant: Harnett County Development Services; Harnett County Unified Development Ordinance; Article III, Section 8.2.1 D & 8.2.1.D. 1, Harnett County Three-Year Rule for Minor Subdivisions. Since receiving the comments at the August 19, 2024 Board of Commissioners meeting, Development Services staff has worked with the Legal Department to compose additional text to allow for an individual subdividing land for an immediate family member to be exempt from the minor subdivision 3-year waiting period. Mr. Locklear reviewed the proposed text: D. If the applicant owns, leases, holds an option on, or holds any legal or equitable interest in any property adjacent to or located directly across a street, easement, or right-of-way from the property to be subdivided, the subdivision shall not qualify under the minor subdivision procedure. The minor subdivision 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 any individual, corporation, partnership, or other entity who owned, leased, 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. Additionally, any subsequent owner, individual having, corporation, partnership, or other entity that owns, leases, has an option on, or individual having has any legal interest in the original subdivision tract of land that was subdivided at the time the subdivision received preliminary or final plat approval shall not be permitted to use the minor subdivision a second time on the original tract of land within three (3) years from the last subdivision. For the purposes of this section, any corporation, partnership or other entity in which an owner, partner, officer, director, or majority shareholder of such entity is/was an owner, partner, officer, director, or majority shareholder in the corporation, partnership, or other entity that owned, leased, held an option on, or held any legal or equitable interest in the original tract of land that was subdivided shall not be permitted to use the minor subdivision procedure a second time within three (3) years on any property within 1,500 feet from the original property boundaries. The three (3)-year waiting period shall not apply to an individual subdividing a parcel of land for an immediate family member within 3 years of the initial minor subdivision of the original tract of land. For the purposes of this section, “immediate family member” means a spouse, Harnett County Board of Commissioners Work Session Minutes August 27, 2024 Page 3 of 4 parent, child, brother, sister, grandparent, or grandchild. In no case shall 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. All other requirements set forth by the minor subdivision process shall apply. To qualify for this exemption, the parcel to be subdivided must be owned in the individual’s name and the individual shall submit a plat including the name and relation of the immediate family member on the lot and state the lot is being conveyed to that family member. The individual subdividing the land shall certify the following on the plat: I hereby certify the lot shown is created for the purpose of family ownership and is in no way intended to circumvent the minor subdivision provisions of the Harnett County Unified Development Ordinance. 1. For all other requests for exemptions to this three (3) year waiting period, 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. Consensus of the Board was to place this item on the next consent agenda. Ira Hall, Chief Information Officer provided an update on broadband, GREAT Grant and the CAB Grant. Information included: GREAT Grant • BrightSpeed will be serving over 4500 locations o $10.26 million with Harnett’s match of $375,000 • Spectrum will be serving around over 800 locations o $2.9 million with Harnett’s match of $246,000 • Cloudwyze will be serving around over 1000 locations o Fully State and Cloudwyze funded CAB Grant • BrightSpeed will be serving an additional 2000 locations o $5.54 million with Harnett’s match of $2.0 million Mr. Hall also reviewed a request for the approval of the Memorandum of Understanding (MOU) Completing Access to Broadband (CAB) Program with North Carolina Department of Information Technology (NCDIT). This agreement approval will provide the necessary action to establish this ARPA funding as obligated prior to the December 31, 2024 deadline. Consensus of the Board was to place this item on the next consent agenda. Harnett County Board of Commissioners Work Session Minutes August 27, 2024 Page 4 of 4 The Board reviewed applications to serve on the various Boards and Committees. The consensus of the board was to place the appointment of Nichole Hamer to the Juvenile Crime Prevention Council and the reappointment of Chance Torain, Carl Davis, Tommy Stewart, Uriah Parker, and Nathan Handley to the Administrative Appeals Board for School Bus Stop Arm Violation. Brent Trout, County Manager, introduced Dr. Irving Taylor, Jr., Deputy to the Garrison Commander at USAG Yongsan-Case. Mr. Trout stated you should have received the Mid-Year Report through email from staff. Mr. Trout reviewed a request for the approval of Exhibit J County Matching Funds using ARPA funds in the amount of $218,626 for this match for the GREAT Grant. Consensus of the Board was to place this item on the next consent agenda. Mr. Trout also reviewed a request from the Harnett County Public Library. The Library respectfully requests permission to apply for annual state aid from the North Carolina Department of Cultural Resources, the State Library. The State Library appropriates funds each year for local libraries intended to promote, aid, and equalize public library services in North Carolina. The amount estimated for this fiscal year is $207,149. There is no match required. Consensus of the Board was to place this item on the next consent agenda. Mr. Trout shared information regarding Customer Service Training. Commissioner Weatherspoon made a motion to go into Closed Session to discuss a certain economic development matter; and consult with the County’s Legal Counsel in order to preserve the attorney-client privilege concerning the handling of certain litigation namely the cases of (a) “Washington vs. Harnett Regional Water, Harnett County Superior Court File No. 24CV2131- 420;” and (b) “Frances Beach vs. William Grady, et. al. US District Court for the Eastern District of North Carolina Western Division No. 5:23-CV-00329-D.” This motion is made pursuant to NC General Statute Section 143-318.11 (a)(4) and (3). The motion was seconded by Vice Chairman Matthews and carried unanimously. Following a motion to come out of Closed Session, Chairman Morris called the meeting back into open session. Commissioner Nicol made a motion to adjourn the Board of Commissioners at 10:01 am. Vice Chairman Matthews seconded the motion. Motion carried unanimously. ____________________________________ ___________________________________ William Morris, Chairman Melissa Capps, Clerk \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\090324\4C.1 Campbell Fireworks Fall Permit 24.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: August 19, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Pyro Shows East Coast Campbell University Fireworks Shows REQUESTED BY: Larry Smith, Emergency Services REQUEST: Emergency Services is requesting the approval of the fireworks application from Pyro East Coast, Inc. for Campbell University's football season fireworks displays. East Coast Pyrotechnics meets all requirements along with fire code compliance for the events. The events will take place on 9/21,9/28,10/5,10/26,11/9 and 11/23. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 4C \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\090324\4D.1 CAB Grant MOU Agenda Form.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: September 3, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Completing Access to Broadband Grant MOU Approval REQUESTED BY: Brent Trout, County Manager REQUEST: The selection process for the Completing Access to Broadband Grant recipient is complete. The selection board comprised of North Carolina Department of Information Technology staff and Harnett County staff has selected Connect Holding II, LLC (Brightspeed) as the award recipient. The project will cost $5,547,958 and provide high speed internet access to 1,539 locations in Harnett County. The award will provide grant funds from the state $1,941,785.30 and same amount of $1,941,785.30 in grant money from Harnett County. Brightspeed will pay $1,664,387.40 for their portion of the project costs. The Harnett County funding is coming from ARPA money that Harnett County has previously received and committed to this project. The cost per location is $3,604.91. The project will take approximately two years to construct. The board is requested to approve the Memorandum of Understanding to commit our financial match to the project. A copy of the Memorandum of Understanding is included in the packet for your review. This agreement approval will provide the necessary action to establish this ARPA funding as obligated prior to the December 31, 2024 deadline. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 4D Item 4E \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\090324\4F.1 Appointments.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: September 3, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Boards and Committees REQUESTED BY: Administration REQUEST: As discussed at the work session on August 27, 2024 the Harnett County Board of Commissioners would like to appoint Nichole Hamer to the Juvenile Crime Prevention Council and reappoint Chance Torain, Carl Davis, Tommy Stewart, Uriah Parker, and Nathan Handley to the Administrative Appeals Board for School Bus Stop Arm Violation. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 4F 1 PROCLAMATION RECOGNIZING THE 100th ANNIVERSARY OF THE ROTARY CLUB OF DUNN WHEREAS, Rotary International was founded on February 23, 1905 in Chicago, Illinois and is the world’s largest non-profit organizations; and WHEREAS, Rotary is a global network of more than 1.2 million neighbors, friends, leaders, and problem solvers who see a world where people unite and take action to create lasting change across the globe, in their communities, and in themselves; and WHEREAS, the Rotary motto “Service Above Self” inspires members to provide humanitarian services, encourages high ethical standards, and promotes goodwill and peace throughout the world; and WHEREAS, the Rotary Club of Dunn was chartered on August 7, 1924 and is the oldest continually active civic organization in Harnett County with a current roster of 43 professional and business leaders from the community; and WHEREAS, in 1985, Rotary launched Polio Plus and spearheaded efforts with the World Health Organization, U.S. Centers for Disease Control and Prevention, and UNICEF to immunize the children of the world against polio; and WHEREAS, due to the efforts of Rotary, polio cases have dropped about 99% since 1988 and are on the threshold of eradicating this disease; and WHEREAS, the Rotary Club of Dunn participates in and sponsors projects and volunteers with community expertise to provide health care, medical supplies, clean water, food production, and education to millions in need throughout the community and in developing countries abroad; and WHEREAS, the Rotary Club of Dunn specifically participates in or sponsors the General William C. Lee Golf Tournament to assist with local humanitarian assistance, the First Responders Appreciation Luncheon, Feed the Hungry, local school scholarship programs, Meals on Wheels, and Rotary Youth Leadership Academy; and WHEREAS, the County of Harnett joins the Rotary Club of Dunn and all of its citizens in celebrating 100 years of service and dedication. Item 5 2 NOW THEREFORE, the Harnett County Board of Commissioners does hereby proclaim September 3, 2024 as “ROTARY CLUB OF DUNN DAY” in Harnett County in honor of its 100th anniversary, and calls upon all citizens of this County to recognize the Rotary Club of Dunn for 100 years of outstanding service to improve the community and their contribution to positive change across the world. DECLARED This the 3rd day of September, 2024. HARNETT COUNTY BOARD OF COMMISSIONERS ___________________________________ William Morris, Chairman _____________________________________ ________________________________ W. Brooks Matthews, Vice-Chairman Barbara McKoy __________________________________ _____________________________ Lewis W. Weatherspoon Matthew Nicol \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\090324\8.1 PLAN2407-0001 3 Year Rule TA Agenda Form 09032024.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: September 3, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Text Amendment: Case #PLAN2407-0001 REQUESTED BY: Mark Locklear, Development Services REQUEST: Applicant: Harnett County Development Services; Harnett County Unified Development Ordinance; Article III, Section 8.2.1 D & 8.2.1.D. 1, Harnett County Three-Year Rule for Minor Subdivisions. Additional Information: At the August 5, 2024 Planning Board meeting, the Planning Board voted unanimously (5-0) to recommend approval of the text amendment as written. No one spoke in opposition. Since receiving the comments at the August 19, 2024 Board of Commissioners meeting, Development Services staff has worked with the Legal Department to compose additional text to allow for an individual subdividing land for an immediate family member to be exempt from the minor subdivision 3-year waiting period. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 8 Page 1 of 2 TEXT AMENDMENT REQUEST FORM (Internal) Development Services 420 McKinney Pkwy. P.O. Box 65, Lillington, NC 27546 Phone: (910) 893-7525 Fax: (910) 893-2793 Case: PLAN2407-0001 Planning Board: August 5, 2024 County Commissioners: August 19, 2024 Applicant Information Applicant: Name: Harnett County Development Services Address: 420 McKinney Pkwy. City/State/Zip: Lillington, NC 27546 Phone: 910-893-7525, x2 Type of Change New Addition Revision Ordinance: Unified Development Ordinance Article: III Sections: 8.2.1 D & 8.2.1. D.1. Current Text: (Attach additional sheets if necessary) D. If the applicant owns, leases, holds an option on, or holds any legal or equitable interest in any property adjacent to or located directly across a street, easement, or right-of-way from the property to be subdivided, the subdivision shall not qualify under the minor subdivision procedure. The minor subdivision 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. 1. 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. Page 2 of 2 Proposed Text: (Attach additional sheets if necessary) D.If the applicant owns, leases, holds an option on, or holds any legal or equitable interest in any property adjacent to or located directly across a street, easement, or right-of-way from the property to be subdivided, the subdivision shall not qualify under the minor subdivision procedure. The minor subdivision 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 any individual, corporation, partnership, or other entity who owned, leased, 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. Additionally, any subsequent owner, individual having, corporation, partnership, or other entity that owns, leases, has an option on, or individual having has any legal interest in the original subdivision tract of land that was subdivided at the time the subdivision received preliminary or final plat approval shall not be permitted to use the minor subdivision a second time on the original tract of land within three (3) years from the last subdivision. For the purposes of this section, any corporation, partnership or other entity in which an owner, partner, officer, director, or majority shareholder of such entity is/was an owner, partner, officer, director, or maj ority shareholder in the corporation, partnership, or other entity that owned, leased, held an option on, or held any legal or equitable interest in the original tract of land that was subdivided shall not be permitted to use the minor subdivision procedure a second time within three (3) years on any property within 1,500 feet from the original property boundaries. The three (3)-year waiting period shall not apply to an individual subdividing a parcel of land for an immediate family member within 3 years of the initial minor subdivision of the original tract of land. For the purposes of this section, “immediate family member” means a spouse, parent, child, brother, sister, grandparent, or grandchild. In no case shall 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. All other requirements set forth by the minor subdivision process shall apply. To qualify for this exemption, the parcel to be subdivided must be owned in the individual’s name and the individual shall submit a plat including the name and relation of the immediate family member on the lot and state the lot is being conveyed to that family member. The individual subdividing the land shall certify the following on the plat: I hereby certify the lot shown is created for the purpose of family ownership and is in no way intended to circumvent the minor subdivision provisions of the Harnett County Unified Development Ordinance. Property Owner Signature Date 1.For all other requests for exemptions to this three (3) year waiting period, 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. Reason for Requested Change: To amend Harnett County’s U.D.O. Article III, Section 8.2.1 D. & 8.2.1.D.1 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. July August September October November December Jauary 2023 February March April May June Totals Children's Services CPS Reports Received 114 114 Reports Accepted 53 53 Total children in CPS cases 280 280.00 Total children in Plc/Custody 228 228 FC Money expended $259,372.07 $259,372.07 Adult Services APS Reports Received 16 16 # of trips scheduled 655 655 Total Cases 172 172 Work First Energy Expenditures $66,552.00 $66,552.00 Total cases 102 102 Food & Nutrition Services Apps Approved 542 542 Total Cases (households)8,968 8968 Benefits Issued $2,647,875.00 $2,647,875.00 Timeliness 96.73%96.73% Adult Medicaid Apps Approved 95 95 Total Cases 12,058 12058 Family & Children's Medicaid Apps Approved 343 343 Total Cases 43,731 43731 Medicaid Timeliness 98.0%98% Fraud Total Collections $69,644.76 $69,644.76 ChildCare Children Served 833 833.00 Total Expenditures $565,335.00 $565,335.00 HC providers 61 Child Support Total Collections $801,974 $801,974.00 Total Cases 4083 4083 Harnett County DSS Monthly Report Totals 2024-25 Item 9A Item 9B Item 9C