October 2021 PB Packet 1
HARNETT COUNTY PLANNING BOARD
Monday October 4, 2021
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
4. Proposed Zoning Change: Case # PLAN2109-0001
Landowner / Applicant: Thomas E. Chancy / Jimmy Pierce; 106.6 +/- acres; Pin # 1529-44-
3463.000; From RA-40 to RA-30 Zoning District; SR # 1709 (Hodges Chapel Road) & SR #
1704 (Tilghman Road); Averasboro & Grove Townships.
5. Proposed Zoning Change: Case # PLAN2109-0002
Landowner / Applicant: Kenneth Siecinski; 1.15 +/- acres; Pin # 9536-83-0016.000; From RA-
20R to Commercial Zoning District; SR # 1209 (Barbecue Church Road); Barbecue Township.
6. Proposed Text Amendment: Case # PLAN2103-0002
Harnett County Unified Development Ordinance; Article IV; XIV, Sections 13.0, 6.0. To amend
Harnett County’s UDO where it pertains to the Military Corridor Overlay. The purpose of the
Fort Bragg Military overlay is to promote compatibility between military operations at Fort
Bragg and the use of development of private property. This is to ensure Harnett County and Fort
Bragg officials coordinate on land use activities impacting or impacted by military operations
and training activities. These regulations apply only to that of property that is located within a
documented Military Influence Area. Nothing herein requires a change or alteration to land uses
or structures existing on the effective date of this Ordinance.
7. Other Business
8. Adjourn
STAFF REPORT Page 1 of 5
EZONING STAFF REPORT
Case: PLAN 2109-0001
Jay Sikes, Mgr. of Planning Services
jsikes@harnett.org
Phone: (910) 893-7525 Fax: (910) 814-8278
Planning Board: October 4, 2021 County Commissioners: October 18, 2021
Requesting a Rezoning from RA-40 to RA-30
Applicant Information
Owner of Record: Applicant:
Name: Thomas E. Chancy Name: Jimmy Pierce
Address: 2136 Alderman Mill Rd Address: PO Box 2191
City/State/Zip: Dunn, NC 28334 City/State/Zip: Surf City, NC 28445
Property Description
PIN(s): 1529-44-3463 Acreage: 106.6
Address/SR No.: Hodges Chapel Rd (SR 1709) & Tilghman Rd (SR 1704)
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
STAFF REPORT Page 2 of 5
Physical Characteristics
Site Description: The property is primarily agricultural use.
Surrounding Land Uses: There is mostly agricultural land in the area with some single family residential
Services Available
Water:
Public (Harnett County)
Private (Well)
Other: Unverified
Sewer:
Public (Harnett County)
Private (Septic Tank)
Other: unverified
Transportation:
Annual Daily Traffic Count:
1,200 along Hodges Chapel
Rd; N/A along Tilghman
Rd.
Site Distances: Good
STAFF REPORT Page 3 of 5
Zoning District Compatibility
The following is a summary of potential uses. For all applicable uses
for each Zoning district please refer to the UDO’s Table of Uses.
CURRENT REQUESTED
RA-40 RA-30
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X X
Single Family X X
Manufactured Homes,
(with design criteria) X
Manufactured Homes
Multi-Family
(SUP required) X
Institutional X X
Commercial Services
Retail
Wholesale
Industrial
Manufacturing
Land Use Classification Compatibility
The following is a summary of potential uses. For all applicable uses for
each Zoning district please refer to the UDO’s Table of Uses.
ZONING LAND USE
RA-30 Ag & RR
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X X
Single Family X X
Manufactured Homes,
Design Regulated X X
Manufactured Homes
Multi-Family (via a SUP)_ X X
Institutional
Commercial Service
Retail
Wholesale
Industrial
Manufacturing
STAFF REPORT Page 4 of 5
Site Photographs
Site adjacent homes & possible access rd
adjacent homes & possible access rd Site & adjacent homes
STAFF REPORT Page 5 of 5
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 benefits of the rezoning do not outweigh any potential inconvenience
or harm to the community, as the requested zoning district would allow for higher
density developments.
Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification.
REASONING: The requested zoning is compatible with the Land Use classification of
Agricultural & Rural Residential. These areas are typically outside of public sewer
service areas and rural in nature.
Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested zoning to RA-40 will not enhance or maintain the public
health, safety and general welfare of the surrounding community. This community is
predominately rural, RA-30 is not immediately adjacent, and uses and density provided
by the proposed zoning classification may not be compatible within this area.
Yes No The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness.
REASONING: Due to the parcel’s size, this application does not need to be considered
for a Small Scale rezoning.
Suggested Statement-of-Consistency (Staff concludes that…)
As stated in the evaluation, the requested rezoning to RA-30 would not only have an impact on the
surrounding community, but would also fail to enhance the public health, safety, and general welfare for
based on no adjacent RA-30 parcels and potential higher density developments and uses that could occur.
It is recommended that this rezoning request be DENIED.
Joe E. Godwin Sr., P.E., P.L.S. Consulting Engineers & Surveyors Phone: (919) 894-5731 (919) 894-7765
Joe E. Godwin Jr., P.E., P.L.S. 1403 NC Highway 50 South Fax: (919) 894-8190
Jason E. Godwin, P.L.S. Benson, North Carolina 27504 Email: general@enochengineers.com
September 20, 2021 Harnett County Planning 420 McKinney Pwky
Lillington, NC 27546 Re: Hodges Chapel 106 acre Chancy Rezoning The reason rezoning is requested, is to effectively develop the land while considering the natural features present. Currently the land is zoned R-40. We are requesting rezoning to R-30 in efforts to provide homes for the local community, while preserving environmentally sensitive areas. Sincerely, Jason E. Godwin, PLS Enoch Engineers, PA
STAFF REPORT Page 1 of 5
REZONING STAFF REPORT
Case: PLAN2109-0002
Jay Sikes, Mgr. of Planning Services
jsikes@harnett.org
Phone: (910) 893-7525 Fax: (910) 814-8278
Planning Board: October 4, 2021 County Commissioners: October 18, 2021
Requesting a Rezoning from RA-20R to Commercial
Applicant Information
Owner of Record: Applicant:
Name: Kenneth J. Siecinski Name: Kenneth J. Siecinski
Address: 166 Bailey Thomas Rd Address: 166 Bailey Thomas Rd
City/State/Zip: Sanford, NC 27332 City/State/Zip: Sanford, NC 27332
Property Description
PIN(s): 9569-83-0016 Acreage: 1.15
Address/SR No.: 5102 Barbecue Church Rd
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 5
Physical Characteristics
Site Description: Site is currently occupied by a single-family structure.
Surrounding Land Uses: Undeveloped land, several non-residential uses, as well as single-family
residential 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:
5,000 along this section of
Barbecue Church Rd, 3,000
along Broadway, and
25,000 along Hwy 87.
Site Distances: Good
STAFF REPORT Page 3 of 5
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-30 Commercial
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X X
Single Family X
Manufactured Homes,
(with design criteria)
Manufactured Homes
Multi-Family
Institutional X X
Commercial Services X
Retail X
Wholesale X (with CUP)
Industrial
Manufacturing
Land Use Classification Compatibility
ZONING LAND USE
Commercial RC
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X
Single Family X
Manufactured Homes,
Design Regulated
Manufactured Homes
Multi-Family
Institutional X X
Commercial Service X X
Retail X X
Wholesale X
Industrial
Manufacturing
STAFF REPORT Page 4 of 5
Site Photographs
Site Commercial & street view S
Residence across the street and street view N Commercial across the street
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 is compatible with the existing Land Use
classification of a Rural Center development node. Rural Center development nodes are
“small scale commercial centers”. These areas can be suburban in nature and contain
smaller, nonresidential uses.
Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested zoning would enhance or maintain the public health,
safety and general welfare due to the potential site improvements that could take
place.
STAFF REPORT Page 5 of 5
Yes No The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness.
REASONING: Due to the same zoning across that street as well as land use
compatibility, this application does not need to be considered for a 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 the nonresidential growth patterns of this area as well as
compliance with the County’s Land Use Plan. Therefore, it is recommended that this rezoning request be
APPROVED.
Traditional Standards of Review and Worksheet
STANDARDS OF REVIEW
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
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
Page 1 of 5
TEXT AMENDMENT REQUEST FORM
(Internal)
Development Services
108 E. Front Street
P.O. Box 65, Lillington, NC 27546
Phone: (910) 893-7525 Fax: (910) 893-2793
Planning Board: October 4, 2021 County Commissioners: October 18, 2021
Applicant Information
Applicant:
Name: Harnett County Development Services
Address: 420 McKinney Pkwy
City/State/Zip: Lillington NC, 27546
E-mail:
Phone: 910-893-7525
Type of Change
New Addition Revision
Ordinance:
Unified Development
Ordinance Article: IV; XIV Section: 13.0, 6.0
Current Text:
See attached
Proposed Text: (Attach additional sheets if necessary)
See attached
Reason for Requested Change:
To amend Harnett County’s U.D.O. where it pertains to Military Corridor Overlay.
The purposes of the Fort Bragg Military overlay is to promote compatibility between military
operations at Fort Bragg and the use and development of private property by ensuring that, as
provided herein, Harnett County and Fort Bragg officials coordinate on land use activities
impacting or impacted by military operations and training activities.
These regulations apply only to that of property that located within a documented Military
Influence Area. Nothing herein requires a change or alteration to land uses or structures
existing on the effective date of this Ordinance.
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.
Page 2 of 5
ATTACHMENT 1
Red Text is proposed
Article IV. Zoning & Overlay Districts
Section 13.0 Military Corridor Overlay District - MCO
13.1 Purpose
The main purpose of this district is to ensure the compatibility between air and exercise operations
associated with local military installations occurring at varying hours and land uses on properties nearby, in
terms of potential interference with safe aircraft operations, potential threats from falling aircraft, potential
impacts of noise, and potential adverse impacts of other military operations and practices, such as small
arms and artillery training and exercises, and prescribed or controlled burning of forested land.
Compatibility of land uses is encouraged within the five (5) mile area surrounding the local military
installation to further the purpose of the installation, as well as to preserve the quality of life of
surrounding property owners. Compatibility of surrounding land uses may encourage wildlife
preservation and reduce potential interference of light pollution.
Prescribed or controlled burning typically takes place on managed lands as a method of reducing the risk
of catastrophic fires on those and adjacent lands. Potential adverse effects of controlled burning includes
risk to smoke-sensitive individuals as well as reduced visibility on public right(s)-of-way.
13.2 District Dimensions
The Military Corridor Overlay Zone shall be identified as including those properties located either fully or
partially within five (5) miles of the jurisdictional boundary of a military base.
13.3 Permitted & Special Uses
The permitted uses shall be the same as those in the underlying zoning districts. The Special Uses shall be the
same as those in the underlying zoning districts. Reasonable regulations within applicable aircraft noise zones,
imaginary surfaces, and active airspace, are limited to the height of man-made structures, incompatible uses of
land, and incompatible development activities.
In addition to the standards set forth in this Section, all uses and structures must comply with all other
applicable local, State, and Federal regulations, including Title 14, Part 77 CFR [Code of Federal Regulations].
Further, state level coordination is required for, but may not me limited to:
1. Certain modifications to the zoning map or of permitted uses of land, if proposed within 5 miles of
Fort Bragg (N.C.G.S. § 160D-601(b));
2. Certain tall buildings and structures proposed within 5 miles of Fort Bragg (N.C.G.S. § 143-151.70 et
seq.);
3. Proposed Wind Energy Facilities that require approval by the N.C. Department of Environmental
Quality. (N.C.G.S. § 143-215.115, et seq);
To the extent there is a conflict between the terms of the RLUAC Coordination Agreement or this Ordinance
and state law, state law shall prevail.
Page 3 of 5
13.4 Required Review
To ensure compliance with GS 160D-601(b), notification to the military installation, by way of the
Regional Land Use Advisory Council (RULAC) coordination agreement, shall be made on any adoptions
or modifications to this Ordinance that may change or affect the permitted uses of land located within five
(5) miles of a military installation. In addition, notification shall be made to the military installation on any
development projects, including but not limited to subdivisions, site plans, telecommunications towers,
windmills, and Special Use Permits, located within the same distance. The military installation, via
RULAC, shall be afforded the opportunity to provide comment or analysis on such adoptions,
modifications, or developments regarding compatibility. Any comments provided prior to the public
hearing or other applicable final review shall be considered by the Board of Commissioners or approving
body in rendering a final determination.
13.5 Notification Procedures
All plats for site plans and both residential and nonresidential subdivisions located within the Military
Corridor Overlay Zoning District, including those for minor subdivisions and preliminary and final major
subdivisions, shall include a statement indicating that such lots are located in the district. Further, the
required statement shall indicate that homes within the overlay district may, from time to time, be subject
to potential adverse effects of operations on the military installation.
Article XIV. Definitions & Certifications
Section 6.0 Military Corridor Overlay District – MCO
The following terms have the following meanings for purposes of enforcing and interpreting Military Corridor
Overlay Zone.
AIRCRAFT NOISE ZONES
Areas that may be affected by noise associated with current aircraft operations and training, as set forth in the ICUZ
Study. Pope Army Airfield Aircraft Noise Zones are depicted on the Official Zoning Map.
AIRPORT OBSTRUCTION OR INTERFERENCE
Any structure, object, or use of land the Fort Bragg commanding general determines impedes operations at Fort
Bragg, in any manner described below.
1. A Potential Incompatible Development, or its anticipated impacts, protrude above the planes or
surfaces as contained in Title 14, Part 77 CFR [Code of Federal Regulations] or above the
established floor elevation of the aviation training routes associated with Fort Bragg;
2. A Potential Incompatible Development, or its anticipated impacts, interfere with pilot vision,
communication, radar, or otherwise interferes with the safe and effective operation of military
aircraft:
3. Structures are proposed within 10 feet of approach/departure or transitional surfaces or within 10
feet of the established floor elevation of the aviation training routes associated with Fort Bragg;
4. The Potential Incompatible Development produces steam, dust, smoke, light emissions, glare, or
other visual impairments; has explosive characteristics; or otherwise interferes with pilot vision or
the operation of military aircraft;
Page 4 of 5
5. The Potential Incompatible Development produces electrical emissions that interfere with
navigation equipment or radio communication between aircraft, Fort Bragg, or other air traffic
control facility; or
6. The Potential Incompatible Development attracts wildlife into a Department of Defense Airport
Imaginary Surface, pursuant to 14 C.F.R. 77.21, or into an aviation training route, which the Fort
Bragg commanding general determines may create a hazard to military operations.
AIRSPACE PROTECTION AREA
Lands within the zoning jurisdiction of Harnett County, situated beneath the Imaginary Surfaces associated with Pope Army
Airfield or that are beneath or within one mile of Fort Bragg’s documented aviation corridors or aviation routes. The Airspace
Protection Area is designated on the Official Zoning Map.
FORT BRAGG COORDINATING OFFICIAL
The Executive Director of the Regional Land Use Advisory Commission (RLUAC) who acts as a liaison with Harnett County
for the purpose of coordination under the provisions of this Ordinance. The Fort Bragg Coordinating Official reviews and, as
applicable, provides comments related to Potential Incompatible Development in Harnett County and as otherwise required
by this Ordinance, the RLUAC Coordination Agreement, or state law.
HARNETT COUNTY
The Harnett County Board of Commissioners or an administrative designee of the Board of Commissioners.
HARNETT COUNTY COORDINATING OFFICIAL:
The Manager of Planning Services in the Harnett County Development Services Department Planning Division or the
Manager of Planning Services in the Harnett County Development Services Department Planning Division designee.
IMAGINARY SURFACES
The Imaginary Surfaces associated with Pope Army Airfield, which include all of the land within the airspace depicted on the
Official Zoning Map.
INSTALLATION COMPATIBLE USE ZONE (ICUZ) STUDY
The most recent ICUZ Study or Studies, which identifies the military impacts and Military Influence Areas associated with
Fort Bragg and Camp Mackall and identifies types of development considered incompatible with these impacts. As of this
Ordinance’s original adoption date, the most recent ICUZ Study for Fort Bragg and Camp Mackall was titled “Fort Bragg
Installation Compatible Use Zone Study,” dated September 2017.
MILITARY INFLUENCE AREAS
Those areas of land within the zoning jurisdiction of Harnett County that may experience the impacts of military training, including
Aircraft Noise Zones, the Airspace Protection Area, and lands within 5 miles of the installations (for state-mandated
coordination).
RENEWABLE ENERGY FACILITY
A facility, other than a hydroelectric power facility with a generation capacity of more than 10 megawatts, that either:
1. Generates electric power by the use of a renewable energy resource.
2. Generates useful, measurable combined heat and power derived from a renewable energy resource.
3. Is a solar thermal energy facility.
RLUAC COORDINATION AGREEMENT
A cooperative agreement, or agreements, between Harnett County, other local governments, and Fort Bragg. The RLUAC
Coordination Agreement includes protocol for compliance with the requirements of this Ordinance and state law, as well as
other cooperative efforts between the parties to the agreement, and may be amended from time to time.
Page 5 of 5
WIND ENERGY FACILITY
A structure of any height that converts wind energy into electricity or other energy
through the use of one or more turbines or other structures utilizing propeller blades.