OCTOBER PB MEETING PACKET 1
HARNETT COUNTY PLANNING BOARD
Monday October 3, 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
4. Proposed Zoning Change: Case # PLAN2208-0001
Landowner / Applicant: Chalybeate Properties, LLC; 135 +/- acres; Pin # 0664-34-4334.000;
From Conservation, RA-30 & RA-40 to Conservation & RA-30 Zoning District; SR # 1446
(Purfoy Road); Hector’s Creek & Black River Township.
5. Proposed Zoning Change: Case # PLAN2209-0001
Landowner / Applicant: Katheryn T Medley & Jeffery B Thomas / R.P. Wellons Land &
Development, LLC; 94.12 +/- acres; Pin 9691-91-1036.000; From Commercial to RA-30 Zoning
District; SR # 1291 (Old US 421) ; Upper Little River Township.
6. Planning Board Amended By-Laws Adoption
7. Other Business
8. Adjourn
STAFF REPORT Page 1 of 5
REZONING STAFF REPORT
Case: PLAN2208-0001
Jay Sikes, Mgr. of Planning Services
jsikes@harnett.org
Phone: (910) 893-7525 Fax: (910) 814-8278
Planning Board: October 3, 2022 County Commissioners: October 17, 2022
Requesting a Rezoning for the RA-40 portion of the property to RA-30
Applicant Information
Owner of Record: Applicant:
Name: Chalybeate Properties, LLC Name: Chalybeate Properties, LLC
Address: 3625 N. Vermont St. Address: 3625 N. Vermont St.
City/State/Zip: Arlington, VA 22207 City/State/Zip: Arlington, VA 22207
Property Description
PIN(s): 0664-34-4334.000 Acreage: 113 of 135
Address/SR No.: Purfoy Rd. (SR 1446)
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
Site Description: site is vacant, farmland.
Approx 7 acres are already zoned RA-30,
and the existing 15.7 ac of Conservation
would remain as well.
Surrounding Land Uses:
Vacant/undeveloped agricultural land,
single family residential lots as well as
residential developments are in the area.
Also, some of the developments in the
area were voluntarily annexed into
Angier annexed to utilize public sewer.
Further, Drake’s Landing is adjacent to
this parcel and Angier town limits is
approx. 2 miles away.
Physical Characteristics
Services Available
Water:
Public (Harnett County)
Private (Well)
Other: Unverified
Sewer:
Public (Harnett County)
Private (Septic Tank)
Other: unverified
Transportation:
Avg Annual Daily Traffic
Count: ~1,400 vehicles
along Purfoy Rd; 2,100
along Chalybeate Springs
Rd.
Site Distances: fair
STAFF REPORT Page 3 of 5
Zoning District Compatibility
The following is a summary list of general uses, or actual permitted uses refer to the Zoning Ordinance.
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, Design
Regulated X
Manufactured Homes(with SUP) X
Multi-Family(with SUP) X
Institutional
Commercial Services
Retail (with SUP) X X
Wholesale
Industrial
Manufacturing
Land Use Classification Compatibility
ZONING LAND USE
RA-30 MDR
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(with SUP) X X
Multi-Family(with SUP) X
Institutional
Commercial Service
Retail (with SUP) X X
Wholesale
Industrial
Manufacturing
STAFF REPORT Page 4 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 the requested
zoning district is similar in nature to the surrounding districts.
Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification.
REASONING: The requested zoning to RA-30 is compatible with the overall land use
classification of Medium Density Residential, as well as within the Compatibility
Development Target area. The MDR land use class could have lot densities that range
from 2-5 units per acre. Within the vicinity are also distinctive growth patterns to a
municipal growth area. Also, during the NW Area Plan, the applicant made a compelling
effort to ensure this area was classified as MDR to facilitate future development.
Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested zoning to RA-30 would maintain the public health, safety
and general welfare due to the existing residential uses within the area.
Yes No The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness.
REASONING: Due to the Land Use compatibility, as well as the same district being on
adjacent peroperties, this application does not need to be considered for Small Scale
Rezoning.
Suggested Statement-of-Consistency (Staff concludes that…)
As stated in the evaluation, the requested rezoning to RA-30 would not have an unreasonable impact on
the surrounding community based on the existing residential uses and compatibility with the County’s
Land Use Plan. Therefore, it is recommended that this rezoning request be APPROVED.
Site Photographs
Site Site
STAFF REPORT Page 5 of 5
Purfoy Rd view (north towards FV) Purfoy Rd view (south towards Chalybeate
Springs Rd)
STAFF REPORT Page 1 of 6
REZONING STAFF REPORT
Case: PLAN 2209-0001
Jay Sikes
jsikes@harnett.org
Phone: (910) 893-7525 Fax: (910) 814-8278
Planning Board: October 3, 2022 County Commissioners: October 17, 2022
Requesting a Rezoning from Commercial to RA-30
Applicant Information
Owner of Record: Applicant:
Name: Katheryn Medley & Jeffery Thomas Name: RP Wellons Land & Development, LLC
Address: 102 Winterlochen Dr Address: PO Box 730
City/State/Zip: Dunn, NC 28334 City/State/Zip: Dunn, NC 28335
Property Description
PIN(s): 9691-91-1036 Acreage: 94.12
Address/SR No.: Old US 421 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
STAFF REPORT Page 2 of 6
Physical Characteristics
Site Description: Larger parcel is currently vacant farmland.
Surrounding Land Uses: There is a variety of uses within the area including agricultural, individual low
density residential lots, and several commercial uses. In total, there is approx. 188 acres of Commercial
in this area. This area is ~2.5 from Lee County.
Services Available
Water:
Public (Harnett County)
Private (Well)
Other: Unverified
Sewer:
Public (Harnett County)
Private (Septic Tank)
Other: unverified
Transportation:
Annual Daily Traffic Count:
~2,300 vehicles per day
along Old 421; 9,700
along 421.
Site Distances: Good
STAFF REPORT Page 3 of 6
Zoning District Compatibility
The following is a summary list of general uses,
or actual permitted uses refer to the Zoning Ordinance.
CURRENT REQUESTED
Commercial RA-30
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X
Single Family X
Manufactured Homes,
Design Regulated
Manufactured Homes X
Multi-Family X
Institutional X
Commercial Services X
Retail X X
Wholesale X
Industrial X
Manufacturing X
Zoning Map
Land Use Classification Compatibility
ZONING LAND USE
RA-30 ARR
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X X
Single Family X
Manufactured Homes,
Design Regulated X
Manufactured Homes X X
Multi-Family
Institutional X
Commercial Service X
Retail X
Wholesale X
Industrial
Manufacturing
STAFF REPORT Page 4 of 6
Site Photographs
Site Site
Old US 421 S. & adjacent views Old US 421 N. & adjacent views
STAFF REPORT Page 5 of 6
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 not reasonable as it is
predominately zoned Commercial. Also, the impact to Hwy 421 becoming I-685 could
be an economic stimulator for this area. As per discussion with Harnett County
Economic Development Dept, the amount of commercially zoned property in this area
could support a retail center, and is located in between Sanford commercial area and
from Lillington commercial areas (~11 miles from both).
Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification.
REASONING: The majority of the property is classified as Agriculture & Rural
Residential. The requested zoning to RA-30 is compatible with this land use
classification. These are primarily agricultural areas and located outside of existing &
future sewer service areas. However, there is Rural Center Development Node in the
area and does include a portion of this property.
Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The proposal does not enhance the overall general welfare of the
communit. Several compatiable, non-residential uses are present in this area and the
uses provided by the current zoning classification could be more appropriate for this
area’s growth potential.
Yes No The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness.
REASONING: The property is adjacent to RA-30 zoned property and therefore would not
need to be evaluated as a small scale rezoning.
Suggested Statement-of-Consistency (Staff concludes that…)
As stated in the evaluation, the requested rezoning to RA-30 would not enhance the general, overall
welfare of the surrounding community due to the existing nonresidential zoned parcels in the
area as well as the future economic development endeavors. Therefore, it is recommended that
this rezoning request be DENIED.
STAFF REPORT Page 6 of 6
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 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
BY-LAWS
HARNETT COUNTY PLANNING BOARD
ARTICLE I
Membership and Vacancies
The Harnett County Planning Board (the “Planning Board”) shall consist of five (5) regular
members and two (2) alternates, for a total of seven (7) members. Members shall be
appointed by the Harnett County Commissioners with terms of office being set according
to the “Rules of Procedure” for the Board of Commissioners as they may exist from time
to time. Each commissioner district should be represented on the Planning Board by a
regular member. Membership should be distributed throughout the County in as much as
is practical. Alternates shall be designated as Alternate #1 and Alternate #2 and shall,
when feasible, rotate service on the Planning Board.
Vacancies occurring for reasons other than expiration of terms shall be filled according to
the Board of Commissioners' “Rules of Procedure”. Members shall serve until they are
duly replaced. Regular appointments are to become effective on January 1 of each year.
Faithful attendance at the meetings of the Planning Board is a prerequisite for the
continuation of membership on the Planning Board. If an appointee has unexcused
absences which constitute more than 25% of the Planning Board meetings in any
calendar year which he or she is required to attend pursuant to his or her appointment,
he or she is obligated to resign. Excused absences are defined as absences caused by
events beyond one's control. If the individual refuses to resign, he or she may be
dismissed by action of the Board of County Commissioners subject to State or local law.
A calendar year is to be defined as a 12 month period beginning on the date of
appointment.
ARTICLE II
Officers
The Planning Board shall elect one (1) of its members as Chairman and another as Vice
Chairman. It shall be the duties of the Chairman to conduct the meetings, address the
County Commissioners as needed, sign documents as required, and function as the
liaison with the Planning Department staff. In the absence of the Chairman, the Vice-
Chairman shall perform all duties of the Chairman.
At the regular meeting in January of each year, the Planning Board shall elect a Chairman
and Vice Chairman from its regular membership as the first order of business during its
regular meeting. The term of office shall last for 12 months, beginning in January. Officers
may serve consecutive terms. Any member who has served at least 12 months prior to
the date of the elections is eligible to hold either office. Election of officers may be by
secret ballot or by nomination and voice vote.
The Planning Board shall adopt rules for transaction of its business and shall keep a
record of its members' attendance and of its resolution, discussions, findings, and
recommendations, which record shall be a public record. The Planning Board may hold
one (1) meeting monthly and all of its meetings shall be open to the public. There shall
be a quorum of three (3) members for the purpose of taking any official action required
by the Harnett County Unified Development Ordinance.
ARTICLE III
General Powers and Duties
It shall be the duty of the Planning Board:
1. To acquire and maintain in current form such basic information and materials as are
necessary to an understanding of past trends, present conditions, and forces at work to
cause changes in these conditions;
2. To prepare and from time to time amend and revise a comprehensive and coordinated
plan for the physical development of the County. Activities will be coordinated with any
municipal planning board or adjoining counties, to the greatest extent feasible, if such
boards or counties are involved;
3. To establish principles and policies for guiding action in the development of the County;
4. To prepare and recommend to the Board of County Commissioners, ordinances
promoting orderly development as in the comprehensive plan;
5. To determine whether specific proposed developments conform to the principles and
requirements of the comprehensive plan for the growth and development of the County;
6. To keep the Board of County Commissioners and the general public informed and
advised as to all matters referenced in this Article;
7. To perform any other duties, which may lawfully be assigned to it.
ARTICLE IV
Gathering Background Data & Performing Special Studies
As background for its comprehensive plan and any ordinances it may prepare, the
Planning Board may gather maps and aerial photographs of manmade and natural
physical features of the County, statistics on past trends and present conditions with
respect to population, information on property values, data on the economic base of the
area, information on land use, and such other information as is important or likely to be
important in determining the amount, direction, and kind of development to be expected
in the County and its various parts.
In addition, the Planning Board may make, cause to be made, or obtain special studies
on the location, condition, and adequacy of specific facilities, which may include but are
not limited to studies of housing; commercial and industrial facilities; parks, playgrounds,
and recreational facilities; public and private utilities, including water and waste disposal
systems; and traffic, transportation, and parking facilities.
All County officials shall, upon request, furnish to the Planning Board such available
records or information as it may require in its work. To the extent permitted by law, the
Planning Board or its agents may, in the performance of its official duties, enter upon
lands and make examinations or surveys.
ARTICLE V
Comprehensive Plan
The comprehensive plan, with the accompanying maps, plats, charts, and descriptive
matter, shall constitute the Planning Board's recommendations to the Board of County
Commissioners for the development of the territory and area therein referenced. Among
other things, such comprehensive plan may include the general location, character, and
extent of water and waste disposal systems, streets, bridges, boulevards, parkways,
playgrounds, squares, parks, aviation fields, and other public utilities and terminals,
whether publicly or privately owned or operated, for water, light; sanitation, transportation,
communication, power, and other purposes; information relating to the removal,
relocation, widening, narrowing, vacating, abandonment; change of use, or extension of
any of the foregoing ways, buildings, grounds, open spaces, property, utilities, or
terminals; and information relating to the most desirable pattern of land use within the
area, including areas for residential uses, for farming and forestry, for manufacturing and
industrial uses, for commercial uses, for recreational uses, for open spaces, and for mixed
uses.
The plan and any ordinances or other measures to effectuate it shall be made with the
general purpose of guiding and accomplishing a coordinated and harmonious
development of the County which will, in accordance with present and future needs, best
promote health, safety, morals, and the general welfare, among other things, adequate
provision for traffic, safety from fire and other dangers, adequate provision for light and
air, the healthful and convenient distribution of population, good civic design and
arrangement, wise and efficient expenditure of public funds, and the adequate provision
of public utilities, services, and other public requirements.
ARTICLE VI
Subdivision Regulations
The Planning Board shall review, from time to time, the need for regulations for the control
of land subdivision in the County and submit to the Board of County Commissioners its
recommendations, if any, for adoption or revision of said regulations.
ARTICLE VII
Other Ordinances
It is within the delegated authority of the Planning Board to review and make
recommendations to the Board of County Commissioners concerning all ordinances
under the direction of the Planning Department. If required by law the Planning Board will
hold public hearings to solicit public comments regarding these ordinances and the
administration of them.
As delegated by the Board of County Commissioners, the Planning Board will review and
approve plans for the construction of manufactured home parks or additions to existing
manufactured home parks within the County's planning jurisdiction.
It is within the Planning Board's duties to develop any new ordinances and recommend
their adoption as the need arises.
The Planning Board may request technical assistance from any State or regional planning
agency providing such services. Fees for such services will be paid from the Planning
Department's budget.
ARTICLE VIII
Miscellaneous Powers and Duties
The Planning Board may conduct such public hearings as may be required to gather
information necessary for the drafting, establishment, and maintenance of the
comprehensive plan. Before adopting or amending any such plan it may hold or cause to
be held at least one (1) public hearing thereon.
The Planning Board shall have power to promote public interest in and an understanding
of its recommendations, and to that end it may publish and distribute copies of its
recommendations and may employ such other means of publicity and education as it may
determine.
Members of the Planning Board, when duly authorized by the County Manager may
attend planning conferences or meetings of planning organizations or hearings upon
pending planning legislation. Members of the Planning Board attending such
conferences, meetings or hearings will be reimbursed for travel expenses based upon
the County's travel reimbursement policy following submission of required
documentation.
ARTICLE IX
Reporting and Budget Request
In an effort to keep the Board of County Commissioners informed, the Planning Board will
periodically prepare a report of its activities. Assistance in preparing this report will be
provided by the Planning Department staff.
The Planning Board is authorized to receive any funds which may be appropriated for its
use by the Board of County Commissioners.
ARTICLE X
Special Committees
The Planning Board may set up special committees to assist it in the study of specific
questions and problems. The Planning Board may ask for assistance from other
departments in County Government as the Board studies these questions and problems.
ARTICLE XI
Statutory Powers
The Planning Board shall have all the powers and authority granted by N.C.G.S. 160D-
301 and subsequent provisions of law and any other powers and duties so delegated by
the Board of County Commissioners.
ARTICLE XII
Conduct of Meeting
The Planning Board may set reasonable time limits for presentations and discussion by
proponents and opponents for a given issue. It is the intent of this section that proponents
and opponents be given adequate time for presentations without dominating the meeting.
Therefore the use of a spokesman is encouraged. Once the Chairman has closed the
public input session no further public comments shall be received.
At the discretion of the Planning Board, any agenda item may be tabled provided the item
has been discussed and the need for a delay has been determined. An agenda item may
be tabled to a date certain or until the removal of certain conditions or the completion of
specified tasks as established by the Planning Board. Items may also be tabled to a date
certain in order to secure legal advice from the County Attorney. A motion to table an item
shall require an affirmative vote by a simple majority of the members present.
All Planning Board members must abstain from voting on any advisory or legislative
decision in which the outcome of the matter is reasonably likely to have a direct,
substantial and readily identifiable financial impact on the member.
Planning Board members must abstain from voting if the landowner of the property
subject to a rezoning petition or an applicant for a text amendment has a close familial,
business, or other associational relationship with a member of the Planning Board.
ARTICLE XIII
Amendments to By-Laws
These by-laws may be amended as needed by the Planning Board according to the
following procedure. An amendment must be introduced and then be voted on at the
following two (2) regular meetings. Passage of an amendment shall require an affirmative
vote by a simple majority of the members present at both meetings. No amendment may
be voted on at the meeting at which it is introduced. These by-laws may be amended by
a majority vote of the Harnett County Board of Commissioners.
ARTICLE XIV
Repeal and Effective Date
Any previous by-laws are hereby repealed upon adoption of these revisions. The revised
by-laws shall become effective upon adoption.
ARTICLE XV
Severability
Should any section, paragraph, sentence, clause, or phase be declared unconstitutional
or invalid for any reason, the remaining by-laws shall not be accepted thereby and shall
remain in effect.
Duly adopted this 2nd day of January 1999.
George Jackson John M. McKoy
Planning Director Planning Board Chairman
Amended through this ________ day of ______________, 2022.
Harnett County Board of Commissioners
_________________________________
Lewis W. Weatherspoon, Chairman
Attest:
_________________________________
Melissa Capps, Clerk
Harnett County Planning Board
_________________________________
Kathy Wood, Chairman