How Did it Get Here? A Letter from the Planning Department

Stock photo of miniature construction site

Ever wonder how something got here? Why is that property slated to be a residential subdivision and that other property is under construction for an industrial park? And why has that property on the corner been vacant since, well, forever?

Let’s break it down.

Property in Butner and the Extraterritorial Jurisdiction (which is near Butner) is subject to the Butner zoning code. Zoning governs how tall a building can be, how far the building should be from the property lines, and what uses can go on a property, to name a few. If I own or lease property in Butner and want to add a detached garage, build a new house, or build a new subdivision I should contact Butner staff to determine what permits and possible zoning entitlements are needed.

Many projects just need a permit. In this case, staff talks to the property owner or contractor, discusses the zoning code, and advises on a permit application. And many times, this development is by right – meaning code allows it. Staff approves the permit and the project moves forward.

Sometimes that isn’t the case…

Let’s break it down. Again. What’s going on with these new developments?

The Town’s role in shaping development is to ensure that proposed businesses fit within specified zoning districts, meet zoning code requirements, and have adequate accommodations for parking and landscaping. To name a few.

Private development is led by a private property owner. The Town owns property (such as Town Hall, Gazebo Park, the Sports Arena) but the Town doesn’t own all of Butner. And though we love to concentrate on what we CAN do, it’s important to note that the Town can’t do everything. The Town cannot:

  1. choose a location for a business
  2. prohibit a business from opening, as long as zoning and other factors have been met
  3. control how many of one type of business opens
  4. call your favorite business and ask them to locate in Butner

Why can’t the Town do these things? Well, therein lies a discussion of State law and the free market. We’ll get to a few of these later.

How does this all start?

It usually starts with a phone call. A developer or engineer calls the Town Planning Department to ask about a piece of property. There may be a contract purchaser who has development ideas. Could be an industrial park, or a residential subdivision, or anything! That caller wants to know if the idea is feasible, from a zoning perspective. Staff may say yes and advise the caller to get permits (remember the comment on by right development). However, sometimes larger projects need zoning entitlements first. Meaning the project needs to go through a public process to obtain the right to develop as proposed.

Sounds exciting! Tell me what happens next!

Paperwork. I mean, isn’t that how a lot of things start? The developer and their team submits a zoning application, a concept plan for the proposed development, a traffic study, a landscape plan, and perhaps more. It’s important to note that just like people no two developments are the same. Therefore, every project may not submit the exact same materials. All this paperwork is reviewed by staff. The next stop for the paperwork (i.e. a complete application) is the Planning Board. The Planning Board is an appointed group of volunteers who live in Butner. They generally meet on the second Thursday of each month at 6:30 p.m. at Butner Town Hall. Meetings have an agenda that is posted online. The Planning Board reviews the application and hears a presentation from the development team and staff. The Planning Board may ask questions. And… The public can come. Yes, you! These meetings are open to the public. The public can comment on the development applications on the agenda. Note there is a three-minute time limit. Practice your comments at home (it’s not a bad idea). The Planning Board makes a motion to recommend approval or denial of the project to the Town Council. Regardless of the motion the next stop is a Town Council meeting. The Town Council meets on the first Thursday of each month at 6:30 p.m. at Butner Town Hall and the agenda is also online. And you guessed it, the public can attend and speak. Same three-minute rule. Ultimately, the Town Council gives the final yes or no. The Town Council is tasked with reviewing the same materials that the Planning Board reviewed and also hears a presentation from the developer and staff.

How would I know about these developments? I’m busy.

Listen, I get it. We are all running in different directions and zoning entitlements usually aren’t something people run towards. The Town (as well as other municipalities in North Carolina) is legally required to notice public hearings before the Town Council. Remember those by-right developments? They don’t get noticed. However, a proposed residential subdivision that needs zoning entitlements and will be before the Planning Board and Town Council would get noticed. The State requires that the Town post a sign on the property, run a legal advertisement twice in the local newspaper and mail a letter to adjacent property owners. All Planning Board and Town Council meeting agendas are posted online. This happens roughly a week before the meeting. Anyone can review our agendas and attend, as the meetings are public.

What if a development is approved? Do they just build it?

Yes, with permits! Let’s go back to the example of a residential subdivision. Upon approval the development team will finalize their engineering plans. They will submit permits for roads, stormwater facilities, and eventually the homes. And then build everything.

This process isn’t for the impatient as it can take years! A business or developer may take their time finding the right location. It takes time to work with an engineer to draw up plans and go through a public hearing process. Even if a project is approved it will take more time to finalize plans and build it. There may be road improvements and stormwater features that need to be constructed and inspected. External factors related to the economy, interest rates, construction costs, and more also play a factor. This is important to keep in mind because the Town, and that developer, can’t control those external factors.

What about the water?

The Town does not provide water or sewer services. That is provided by the South Granville Water and Sewer Authority (SGWASA). SGWASA is not a Town department. SGWASA has their own meetings (which are open to the public) and their own board. The Town encourages residents to reach out to SGWASA with questions or concerns.

A residential subdivision will need water and sewer. Who pays for all that? Answer – the developer. The developer works in coordination with SGWASA to extend the water and sewer lines, at the cost of the developer. The Town does not pay for that. Same for an industrial project, it is at the developer's expense.

I heard the Town approved a new development. Why wouldn’t the Town build a park instead? Or maybe my favorite business could go there. Why didn’t the Town do that?

Remember that comment on private property? The Town can’t tell a property owner or developer what to build. Meaning – the Town can say “follow our zoning code” or “here are details on the zoning entitlement public hearing process”. The Town can’t say “you should build a park”. Cause it’s not the Town’s property. Landowners have the right to develop their property within the rules of the zoning code.

The Town doesn’t call businesses asking them to locate in Butner. It’s very rare for local government to do this. Let’s say your favorite business is a certain grocery store, clothing store, or chain restaurant. That large retailer most likely has criteria on where they will open. They may only want to open in an area with specific demographics – specific population numbers, specific income ranges, and a minimum amount of traffic on the main road. These businesses have these criteria to ensure, to the greatest extent possible, that they are near their target market (their customers). Butner may not meet that business’s target. Demographics change over time which may create interest in the future from your favorite business. Your favorite business may also have their own unique criteria that goes beyond any control of the Town. There could be an internal rule on the minimum distance between existing locations or a desire to be close to their competitors (or far away).

Butner communicates with real estate brokers, the Granville County Department of Economic Development, the State Economic Development office, and other organizations to work together to enhance Butner’s business community.

But there are already homes for sale here. And there is vacant commercial/industrial property. Why would a developer build more?

First, you’re right. There are homes for sale. And there is commercial/industrial property available. But is it the right house or the right commercial property? Let’s break that down. Maybe you’re looking to purchase a home and after what seems like an exhaustive search you haven’t found “the one”. Maybe you own a business and you’re also looking for “the one” but your building soul mate is for lease not for sale, has state of the art technology upgrades, and really high ceilings. Existing building stock may not meet your criteria. This is why developers may build spec buildings. Spec stands for speculative. An industrial developer may have a pulse on the market and know what potential tenants are looking for. So, they build with those criteria in mind to market the buildings. Same with a residential home builder. They may build a type of housing that isn’t prevalent in Butner, but needed, to attract buyers or renters.

And no, the Town can’t say no to a spec development versus a development with a “guaranteed tenant”.

Remember if a development meets the zoning code then staff is obliged to issue a permit. A developer can choose to go through a zoning entitlement process, and then the decision is made by Town Council.

And what about that vacant piece on the corner? Why can’t the new development go there?

Maybe. But there are good reasons why the developer picked the piece of land they did. Also, let’s go back to the comment of landowners have the right to develop their property within the rules of the zoning code. And they have the right to not sell their property and keep it vacant. Maybe that property has significant engineering issues or lacks access, which can make the property less desirable.

What does the Town get with all this development?

To start, property tax. The Town gets property tax from all property in Butner. This money is used to fund Town services such as park maintenance, Town Hall operations, police and fire, and more. New development can also allow for opportunities. A developer may need to make improvements to a road like adding a turn lane or a traffic light. This is done at the developer’s expense, not at the expense of the Town.

Let’s stay on the topic of traffic.

More development may increase traffic. Many proposed developments need to prepare a Traffic Impact Analysis (TIA) to be reviewed by the Planning Board and Town Council. The TIA is completed by a traffic engineer at the developers expense. As many roads in Butner are owned and maintained by the State of North Carolina, the State is involved in this process. The Town and the State review the TIA and suggest improvements on roads that we own and maintain. This may allow for new turn lanes, a road expansion, or other road improvements.

The traffic improvements will help everyone who uses that road regardless of if you utilize the new development. An increase in traffic counts may catch the eye of your favorite business when they are looking for their next location.

Wow. That was a lot.

You’re right!

What if I have more questions?

Contact Jennifer Ganser, Town of Butner Planning Director at 919-575-3031 or jganser [at] butnernc.org.