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HomeMy WebLinkAboutPB Agenda Packet - JUNE 2025 HARNETT COUNTY PLANNING BOARD Monday June 2, 2025 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 New Business 4. Proposed Zoning Change: Case #PLAN2505-0001 Landowner / Applicant: Blissful Properties & Realty, LLC / Morningstar Law Group C/O Hunter Winstead; 1.96 +/- acres; Pin # 0655-41-5460.000; From RA-40 to Commercial Zoning District; Hector’s Creek Township; Intersection of SR # 1414 (Piney Grove Rawls Road) & US 401 N. 5. Proposed Text Amendment: Case #PLAN2505-0002 Applicant: Harnett County Development Services; Harnett County Unified Development Ordinance; Article VII, Sections: 6.4.1., “General Fire Hydrant Requirements”. 6. Other Business 7. Adjourn STAFF REPORTPage 1 of 10 REZONING STAFF REPORT Case: PLAN2505-0001 Sarah Arbour, Planner II sarbour@harnett.org Phone: (910) 814-6414 Fax: (910) 814-8278 Planning Board: June 2, 2025 County Commissioners: June 16, 2025 Rezoning from the RA-40 Zoning District to the Commercial Zoning District Applicant Information Owner of Record:Applicant: Name: Blissful Realty, LLC Name: Hunter Winstead, Morningstar Law Group Address: 201 Fenton Gateway Dr., Ste. 200 Address: 434 Fayetteville St. Suite 2200 City/State/Zip: Cary, NC 27511 City/State/Zip: Raleigh, NC 27601 Property Description PIN(s): 0655-41-5460.000 Acreage: 1.96 Address/SR No.: U.S. 401 N., Fuquay-Varina Township: Johnsonville Lillington Neill’s Creek Stewart’s Creek Upper Little River Anderson Creek Averasboro Barbecue Black River Buckhorn Duke Grove Hectors Creek Vicinity Map STAFF REPORT Page 2 of 10 Physical Characteristics Site Description The property is currently a vacant, unimproved site formerly used for agricultural purposes. The property is also bound by a railroad right-of-way to the west. Note: The property only has access to US 401 N. and does not appear to have access to Piney Grove Rawls Rd. due to a small portion of the parcel located to the north being situated between the subject property and the ROW. Surrounding Land Uses Surrounding land uses consist of single-family homes, a self-storage facility, a religious structure, a memory care facility, and agricultural activities. Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: STAFF REPORT Page 3 of 10 Transportation: The Annual Average Daily Traffic Counts: US 401 N. 10,000 Piney Grove Rawls: 11,000 Site Distances: Piney Grove Rawls and U.S. 401: Fair US 401 North: Fair US 401 South: Good There is a curve in U.S. 401 to the north of the intersection that impacts site distance. Intersection of Piney Grove Rawls Rd. & U.S. 401 N. STAFF REPORTPage 4 of 10 Zoning District Compatibility Current RA-40 Requested Commercial Parks & Rec XX Natural Preserves XX Bona Fide Farms XX Single Family X Manufactured Homes, (with design criteria) Manufactured Homes Multi-Family Institutional SUP X Commercial Services SUP X Retail X Wholesale SUP Industrial Manufacturing The above is a summary list of potential uses. Land Use Classification Compatibility PROPOSED ZONING LAND USES Commercial Commercial Mixed- Use Parks & Rec XX Natural Preserves XX Bona Fide Farms XX Single Family X Manufactured Homes, Design Regulated Manufactured Homes Multi-Family X Institutional XX Commercial Service XX Retail XX Wholesale SUP X Industrial 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. RA-30 RA-40 Commercial STAFF REPORT Page 5 of 10 Land Use Description: Commercial Mixed Use These areas are located along major roads and include a mix of commercial land uses and some residential uses. This character area is home to medium to large-scale retail, services, restaurants, offices and other businesses. Residential uses may include single-family homes, townhomes, missing middle housing types and occasionally apartments. Site Photographs STAFF REPORT Page 6 of 10 Road View U.S. 401 N. North U.S. 401 N. South Piney Grove Rawls – North View Piney Grove Rawls – South View STAFF REPORT Page 7 of 10 Across Street Across US 401 N. Across Piney Grove Rawls Rd. Surrounding Land Uses STAFF REPORT Page 8 of 10 Evaluation Yes No A. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. The subject property is located in an area characterized by a mix of residential and commercial land uses. Recently, the area has experienced an influx of commercial development, including a self-storage facility and a memory care center. Several properties in the vicinity have recently been rezoned to the Commercial zoning district, further signaling a trend toward increased commercial activity. Yes No B. There is a convincing demonstration that all uses permitted under the proposed district classification would be in the interest of the general public and not merely the interest of the individual or small group. The requested zoning district is compatible with the underlying land use, Commercial Mixed Use. These areas are located along major roads and include a mix of commercial land uses and some residential uses. This character area is home to medium to large-scale retail, services, restaurants, offices and other businesses. The uses permitted in the Commercial zoning district are compatible with the underlying land use. Yes No C. There is a 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 a convincing demonstration that all uses permitted under the proposed zoning district classification would be appropriate in the area included in the proposed change. The uses permitted in the Commercial zoning district are compatible with the surrounding and nearby commercial land uses. Additionally, the property has access to a major thoroughfare and water service and is located in the Commercial Mixed Use land use area. STAFF REPORT Page 9 of 10 Yes No D. There is a convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. There is a convincing demonstration that the character of the neighborhood will not be materially and adversely affected by the uses permitted in the requested zoning district. The uses permitted in the Commercial zoning district are compatible with the nearby non-residential land uses. Yes No E. The proposed change is in accordance with the comprehensive plan and sound planning practices. The requested zoning district is compatible with the future land use classification, Commercial Mixed-Use. These areas are located along major roads and include a mix of commercial land uses and some residential uses. This character area is home to medium to large-scale retail, services, restaurants, offices and other businesses. Residential uses may include single-family homes, townhomes, missing middle housing types and occasionally apartments. 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 compatibility with the future land use plan. 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. DENYING THE REZONING REQUEST STAFF REPORT Page 10 of 10 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 2 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: Blissful Realty LLC Name: Hunter Winstead, Morningstar Law Group Address: 201 Fenton GatewayDr., Ste. 200 Address: 434 Fayetteville St, Suite 2200 City/State/Zip: Cary, NC 27511 City/State/Zip: Raleigh, NC 27601 E-mail: mstuart@morningstarlawgroup.com E-mail: hwinstead@morningstarlawgroup.com Phone: 919-890-3318 Phone: 919-590-0396 Fax: n/a Fax: n/a Property Description PIN(s): 0655-41-5460.000 Acreage: _1.96__ Acres____ Address/SR No.: US 401 NC Directions from Lillington: North on S. Main St; left on US 401; property is on the left after 9.4 miles Deed Book:4247 Plat Book: 2009 Page:0682 Page:409 Utilities Available: Water: Public (Harnett County) Private (Well) Other (Unverified) Sewer: Public (Harnett County) Private (Well) Other (Unverified) 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 x Written description of property from recorded deed x Recorded map of property at scale of not less than one (1) inch = 200 feet x Explanation of why the zoning change is requested, addressing applicable portions of Article XII of the Zoning Ordinance APPLICATION FOR ZONING CHANGE Page 2 of 2 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 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.                       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: PLAN2505-0002 Planning Board: June 2, 2025 County Commissioners: June 16, 2025 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: VII. Section: 6.4.1 Current Text: 6.4 Fire Protection 6.4.1 General Fire Hydrant Requirements Adequate fire protection shall be provided to all new subdivision developments and nonresidential new construction and expansions. The developer or subdivider shall install fire hydrants in such a manner that the development is afforded adequate fire protection as provided in this Ordinance. The regulations contained herein are intended to facilitate proper installation of required fire protection measures. A. All hydrants shall be Harnett County Public Utilities and Fire Code Official approved, in accordance with the requirements of this Section. 1. No fire hydrant shall be installed on less than a 6 inch (6”) main. 2. Hydrants shall have two (2) two and one half inch (2 ½”) and one (1) four and one half inch (4 ½”) connections with threads of the National Pipe Thread (NPT) type. 3. The upper hydrant operation stem within the bonnet shall be sealed and lubricated by means of an oil or grease bath, unless otherwise approved. The operating nut shall be pentagonal type measuring one and one half inch (1 ½”) from point to flat. Hydrants shall open left. 4. All hydrants shall be furnished with barrel and stem extensions as required for the final field location. Nominal minimum bury will be a depth of three and one half (3 ½) feet. All hydrants at finish grade shall measure 18 inches (18”) from ground to center of steamer cap. T Page 2 of 2 Proposed Text: 6.4 Fire Protection 6.4.1 General Fire Hydrant Requirements Adequate fire protection shall be provided to all new subdivision developments and nonresidential new construction and expansions. The developer or subdivider shall install fire hydrants in such a manner that the development is afforded adequate fire protection as provided in this Ordinance. The regulations contained herein are intended to facilitate proper installation of required fire protection measures. A. All hydrants shall be Harnett County Public Utilities and Fire Code Official approved, in accordance with the requirements of this Section. 1. No fire hydrant shall be installed on less than a 6 inch (6”) main. 2. Hydrants shall have two (2) two and one half inch (2 ½”) and one (1) four and one half inch (4 ½”) connections with threads of the National Pipe Thread (NPT) type five-inch (5 ”) Storz connection and cap. 3. The upper hydrant operation stem within the bonnet shall be sealed and lubricated by means of an oil or grease bath, unless otherwise approved. The operating nut shall be pentagonal type measuring one and one half inch (1 ½”) from point to flat. Hydrants shall open left. 4. All hydrants shall be furnished with barrel and stem extensions as required for the final field location. Nominal minimum bury will be a depth of three and one half (3 ½) feet. All hydrants at finish grade shall measure 18 inches (18”) from ground to center of steamer Storz cap. The Storz cap shall be street-facing. Reason for Requested Change: The Harnett County Development Services and Emergency Services Departments are requesting an amendment to Article VII., Section 6.4.1., General Fire Hydrant Requirements, to ensure compliance with fire protection industry standards and best practices in the interest of public safety. Suggested Statement-of-Consistency: (Staff concludes that…) The requested Text Amendment is compatible with Harnett County regulatory documents and enhances public safety. Therefore, it is recommended that this Text Amendment request be APPROVED.