FEBRUARY 2022 MEETING PACKET 1
HARNETT COUNTY PLANNING BOARD
Monday February 7, 2022
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
Tabled from the January 3, 2022 Meeting
4. Proposed Zoning Change: Case # PLAN2112-0002
Landowner / Applicant: Mohamed Tabbakh, Ahmed Mssissi & Alicia M. Weber / Mohamed
Tabbakh; 4.50 (two parcels) +/- acres; Pin # 0653-59-6655.000 & 0653-59-8561.000; From RA-
30 to Commercial Zoning District; US Hwy 401 North; Hector’s Creek Township.
New Business
5. Proposed Zoning Change: Case # PLAN2201-0001
Landowner / Applicant: 1960 Properties, LLC / Chan Ho; 1.28 +/- acres; Pin # 9568-75-
0967.000; From RA-20R to Commercial Zoning District; NC Hwy 87; Barbecue Township.
6. Proposed Text Amendment: Case # PLAN2201-0003
Harnett County Unified Development Ordinance; Article XII, Section 2.0, 8.2. To amend
Harnett County’s UDO in order to comply with updated NC General Statues. When Session
Law 2021-138 (Senate Bill 300) was adopted, it removed the option for local governments to
pursue criminal action for code enforcement issues.
7. Proposed Text Amendment: Case # PLAN2201-0004
Harnett County Unified Development Ordinance; Article VII; XIV, Sections 6.2, 6.3; 2.2. To
amend Harnett County’s UDO to change the term “capacity fees” to system development fees”.
System development fees are the statutory replacement for impact or capacity fees. The NC
General Assembly adopted this legislation in response to several impact fee lawsuits that were
filed.
8. Other Business
9. Adjourn
STAFF REPORT Page 1 of 5
REZONING STAFF REPORT
Case: PLAN 2112-0002
Jay Sikes, Mgr. of Planning Services
jsikes@harnett.org
Phone: (910) 893-7525 Fax: (910) 814-8278
Planning Board: February 7, 2022 County Commissioners: February 21, 2022
Requesting a Rezoning from RA-30 to Commercial
Applicant Information
Owner of Record: Applicant:
Name: Mohamed Tabbakh and Ahmed Mssissi &
wife, Alicia Weber
Name: Mohamed Tabbakh
Address: 8578 US 401 N. Address: 8578 US 401 N.
City/State/Zip: Fuquay Varina, NC 27526 City/State/Zip: Fuquay Varina, NC 27526
Property Description
PIN(s): 0653-59-6655 & 0653-59-8561 Acreage: 4.47 total
Address/SR No.: 8594 & 8606 US 401 N
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: The parcels are currently occupied by a car lot and several older structures.
Surrounding Land Uses: single family residential, several non-residential uses, as well as undeveloped
land & agricultural 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:
9,000 along this section of
US 401.
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 Rural
Center/
EMU
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X
Single Family X
Manufactured Homes,
Design Regulated
Manufactured Homes
Multi-Family X
Institutional X X
Commercial Service X X
Retail X X
Wholesale X
Industrial
Manufacturing
STAFF REPORT Page 4 of 5
Site Photographs
Site Site
Site Street view N, across the street, & site
Street view S & adjacent properties
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 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 to Commercial is compatible with the overall land
use classification of Employment Mixed Use, as well as within a Rural Center
development node and the Compatibility Development Target area. These areas are
often located along major thoroughfares and can include prime locations for market
driven nonresidential development.
Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested zoning would maintain the public health, safety and
general welfare due to the longstanding nonresidential uses that have taken place on
these parcels.
Yes No The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness.
REASONING: Due to the size of these parcels and the 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.
STAFF REPORT Page 1 of 5
REZONING STAFF REPORT
Case: PLAN2201-0001
Jay Sikes, Mgr. of Planning Services
jsikes@harnett.org
Phone: (910) 893-7525 Fax: (910) 814-8278
Planning Board: February 7, 2022 County Commissioners: February 21, 2022
Requesting a Rezoning from RA-20R to Commercial
Applicant Information
Owner of Record: Applicant:
Name: 1960 Properties, LLC Name: Chan Ho
Address: 300 Black Belt World Dr Address: 300 Black Belt World Dr
City/State/Zip: Knightdale, NC 27545 City/State/Zip: Knightdale, NC 27545
Property Description
PIN(s): 9568-75-0967 Acreage: 1.28
Address/SR No.: 3819 NC 87
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 structure that has multiple non-residential uses.
The primary use was a convenient store for many years, and behind is a post office, massage therapy
office, and a computer repair shop.
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:
Along Hwy 87: 22,000 N of
Olivia Rd, 19,000 S of
Olivia.
Olivia Rd is 1,100
eastbound & 1,700 west
Olivia.
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-20R 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 Other business behind primary structure.
Olivia Rd view and other non-residential uses in
the area
Hwy 87 & Olivia Rd intersection
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 since 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 maintain the public health, safety and
general welfare since this has been the site of a business for many years.
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 parcel size 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 the parcel’s history of nonresidential use as well as
compliance with the County’s Land Use Plan. Therefore, it is recommended that this rezoning request be
APPROVED.
Page 1 of 3
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: February 7, 2022 County Commissioners: February 21, 2022
Applicant Information: Case Number PLAN 2201-0003
Applicant:
Name: Harnett County Development Services
Address: 108 E Front St
City/State/Zip: Lillington NC, 27546
E-mail:
Phone: 910-893-7525
Type of Change
New Addition Revision
Ordinance:
Unified Development
Ordinance Article: XII Section: 2.0, 8.2
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. in order to comply with updated North Carolina General
Statues. When Session Law 2021-138 (Senate Bill 300) was adopted it removed the option for
local governments to pursue criminal action for code enforcement issues.
Suggested Statement-of-Consistency: (Staff concludes that…)
The requested Text Amendment is compatible with Harnett County regulatory documents as well
as the North Carolina General Statues.
Therefore, it is recommended that this Text Amendment request be APPROVED.
Page 2 of 3
ATTACHMENT
ARTICLE XIII. ENFORCEMENT & PENALTIES
SECTION 8.0 PENALTIES
The Administrator shall be authorized to use any one (1) or more of the methods described in this Section, or
action authorized by law, to insure compliance with or to prevent a violation of the provisions of this Ordinance.
8.1 Civil Penalties
Any person who violates any provisions of this Ordinance may be subject to assessment of the maximum civil
penalty of up to $500.00 per violation.
8.1.1 Civil Citations
A civil citation shall be issued to any person(s) failing to take corrective action within the specific
compliance period given by the Administrator after receiving written notice from the Harnett County
Planning Department. Each day such violation exists after the expiration of the compliance period shall
constitute a separate offense and be charged as a separate violation. Each said violation shall be subject to
a civil penalty in the amount of 100 dollars ($100.00) per day until such violation has reached compliance.
Failure to pay the penalty within 15 days from the receipt of the notice of civil penalty shall subject
themselves to a civil action in the nature of debt for the stated penalty plus any additional penalties,
together with the cost of the action to be taxed by the Court.
8.1.2 Citation Content
A citation issues for a violation of this Ordinance shall, among other things:
A. State upon its face the amount of the penalty for the specific violation if the penalty is paid within 15 days from
and after issuance of the citation;
B. Notify the offender that a failure to pay the penalty within the prescribed time shall subject the offender to a
civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of
the action to be taxed by the Court;
C. Further provide that the offender may answer the citation by mailing the citation and the stated penalty to Post
Office Box 65, Lillington North Carolina, 27546, or may pay the amount in person at the Harnett County
Planning Department Office; and/or
D. State that a citation following the original notice of violation shall be appealed to the Board of Adjustment.
8.1.3 Settlement of Civil Claim
The Harnett County Planning Department is authorized to accept payment in full and final settlement of
the claim(s), right or rights of action which the County may have to enforce such penalty by civil action in
the nature of debt. Acceptance of a penalty shall be deemed a full and final release of any and all claims, or
right of action arising out of contended violations, only if the activities or non-activities which gave rise to
the violations are abated or otherwise made lawful.
8.1.4 Additional Penalty
A penalty of 25 dollars ($25.00), in addition to the one imposed for payment within 15 days, shall apply in
those cases in which the penalties prescribed in this section have not been paid within the prescribed 15
days period and in which a civil action shall have been instituted.
Page 3 of 3
8.2 Criminal Prosecution
Violations of this Ordinance may constitute a misdemeanor or infraction penalty and is punishable as provided
in NCGS 14-4 and the maximum fine; term of imprisonment or infraction penalty allowed by law is hereby
authorized.
8.3 8.2 Injunction
Enforcement may also be achieved by injunction. When a violation occurs the County may either before or
after the institution of any other authorized action or proceeding, apply to the appropriate division of the
General Court of Justice for a mandatory or prohibitory injunction commanding the defendant, or in the case of
counterclaims the plaintiff, to correct the unlawful condition or cease the unlawful use of the property.
8.4 8.3 Order of Abatement
The County may apply for and the court may enter an order of abatement. An order of abatement may direct:
A. The buildings or other structures on the property be closed, demolished, or removed; that fixtures, furniture, or other
moveable property be removed;
B. That improvements or repairs be made; or
C. That any other action be taken that is necessary to bring property into compliance with this Ordinance.
Whenever the party is cited for contempt by the court and the County executed the order of abatement the
County shall have a lien, in the nature of a mechanic’s and material man’s on the property for the cost of
executing the order of abatement.
Page 1 of 3
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: February 7, 2022 County Commissioners: February 21, 2022
Applicant Information: Case Number PLAN 2201-0004
Applicant:
Name: Harnett County Development Services
Address: 108 E Front St
City/State/Zip: Lillington NC, 27546
E-mail:
Phone: 910-893-7525
Type of Change
New Addition Revision
Ordinance:
Unified Development
Ordinance Article: VII; XIV Section: 6.2, 6.3; 2.2
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. to change the term “capacity fees” to system development
fees”. System development fees are the statutory replacement for impact or capacity fees.
The NC General Assembly adopted this legislation in response to several impact fee lawsuits
that were filed.
Suggested Statement-of-Consistency: (Staff concludes that…)
The requested Text Amendment is compatible with Harnett County regulatory documents as well
as the North Carolina General Statues.
Therefore, it is recommended that this Text Amendment request be APPROVED.
Page 2 of 3
ATTACHMENT
ARTICLE VII. DEVELOPMENT DESIGN GUIDELINES
SECTION 6.0 CONNECTION TO UTILITY SERVICES
6.2 Water Supply System
To further the intent of this Section, as well as orderly development of utilities, the Harnett County Department
of Public Utilities may require a larger water supply line than is typically required to ensure capacity for future
development.
6.2.1 Connection
A. Connection Requirement
1. Any development which is created after the adoption of this Section, and is located within that number of
feet of an existing County owned or operated water supply and distribution system as is specified in
Subsection “Distance Specification” below, whether the development is located within or without the
service area of an existing County owned or operated public water supply and distribution system, the
developer shall cause a water distribution system, meeting the standards herein specified, to be constructed
and installed in such development and shall further cause said water distribution system to be connected to
the existing County owned or operated public water supply and distribution system which is located as
specified in said Subsection “Distance Specification.” This requirement also applies to new phases of
existing development where these phases have not been previously approved by the appropriate Harnett
County Development Review Board.
2. The developer may establish and create a public water supply system or connect the development to an
existing public water supply system. However, such created public water supply system or such water
distribution system to be connected to an existing system shall be approved by and meet the requirements
of all Federal, State, and local governments, including but not limited to the DENR.
B. Distance Specification
A development shall be required to meet the conditions of this Section when the development is located within
that number of feet of an existing County owned or operated water supply and distribution system which equals
the product of the number of lots within the development (including lots to be developed in the future)
multiplied by 100; provided however, that the maximum distance required for connection shall not exceed
5,000 feet.
C. Subject to Capacity Sufficiency
In the event that a development should meet the distance specification requirements of Subsection
“Connection” of this Section, and the County owned or operated water supply and distribution system to which
the development would connect shall be of insufficient capacity to permit the the delivery of water to said
development, the subject development shall be relieved of the requirement to connect to such County system.
In no case shall capacity be guaranteed until such time that plans have been approved and permitted by DENR
and capacity system development fees are paid in full.
6.3 Sewage Disposal System
6.3.1 Connection
C. Subject to Capacity Sufficiency
In the event that a development should meet the distance specification requirements of Subsection
“Connection” of this Section, and the County owned or operated sewage disposal system to which the
development would connect shall be of insufficient capacity to permit the collection and treatment of
Page 3 of 3
sewage from said development, the subject development shall be relieved of the requirement to connect to
such County system. In no case shall capacity be guaranteed until such time that plans have been
approved and permitted by DENR and capacity system development fees are paid in full.
ARTICLE XIV. DEFINITIONS & CERTIFICATIONS
2.2 General Definitions
Capacity System Development Fee
Requirement of the developer to dedicate or pay for all or a portion of land or costs of public facilities as a
condition of development approval.