04/14/06 Zoning Text Amendment Art VI Sec 9.0HARNETT COUNTY, NORTH CAROLINA
A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE
TEXT
WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance
on July 18, 1988 and June 5, 2000 for the purpose of promoting the health, safety, and
general welfare of the county residents; and
WHEREAS, this ordinance was adopted under authority granted by the General Assembly
of the State of North Carolina, particularly G.S. 153A -340; and
WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and
those provisions have been followed; and
WHEREAS, the Harnett County Planning Board has reviewed the amendment to Article
VI Sect. 9.0 Office / Institutional District- Ol and recommends the adoption of the
following amendment.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
HARNETT COUNTY, NORTH CAROLINA that Article VI Sect. 9.0 Office/
Institutional District- OI and the following text be added to the Zoning Ordinance:
Section 9.0 Office / Institutional District- OI
91 Purpose and Intent.
The purpose and intent of the office /institutional district (OI) is to establish
procedural and substantive standards for the Planning Board's review and approval of
development on large tracts of land where the predominant use is to be college, university,
hospital, clinics, public cultural facilities, office for business and professional use, light
manufacturing, and related functions.
The objective of this section and the OI district is to allow for growth and development
while protecting the larger community, nearby neighborhoods, and the environment from
impacts accompanying major new development. A key feature of this district is the
preparation of a development plan that would allow the property owner, immediate
neighbors, and the larger community to understand specifically what levels of development
are being proposed, and what impacts would likely accompany the development, so that
mitigation measures can be designed and implemented.
9.2 Overview of Development Review Procedures.
Procedures in this zoning district are designed to facilitate:
• Articulation of development plans that involve multiple buildings in multiple locations
over an extended time period on a given tract of land, as defined in a development plan;
• Identification of total infrastructure needs for such proposed development as specified in
a development plan and cumulative impacts resulting from full development as specified in
a development plan; and
To this end, owners of property zoned OI are required to prepare a development
plan, as described below, for review and approval by the Planning Board. For buildings
that are included in an approved development plan, site development permits for individual
buildings are to be issued by the Zoning Administrator, following a determination by the
Zoning Administrator that such individual building plans are generally consistent with the
Planning Board - approved development plan.
For development proposed within an OI zoning district that is not included in a
Planning Board- approved development plan, but is a minor change according to the
provisions of subsection (9.9) of this section, the Zoning Administrator may approve a
change to the development plan and issue a site development permit. For development
proposed within an OI zoning district that is not included in a Planning Board - approved
development plan and that cannot be considered a minor change to the plan according to
subsection (9.9) of this section, in such development situations the applicant shall apply to
the Planning Board for an amendment to the development plan.
9.3 Development Plan.
(1) Application submittal requirements shall include the following:
A. Specific descriptions of proposed development with building locations, building
sizes, parking arrangements, and description of building heights with consideration of
impact on adjacent areas.
B. Analysis of impacts resulting from proposed development, along with options to
mitigate impacts relating to:
• Transportation management (traffic, parking, bikes, pedestrians);
• Stormwater management analysis (quantity and quality);
• Watershed requirements (impervious surface);
• Lighting analysis;
• Perimeter buffering and landscaping; and
• Water and sewer impacts.
C. Preliminary timetable and sequencing schedule for building construction and for
related mitigation measures.
9.4 Permitted & Conditional Uses and Dimensional Requirements.
Permitted uses:
• University and college uses and ancillary uses typically associated with a university
or college that are customary and subordinate to the primary educational function
of the university or college use, including dormitories, stadium, enclosed arenas,
auditoriums, and museums. Typical ancillary uses may also include uses with a
direct relationship to a university academic use, such as university medical center
uses, including teaching hospitals, medical schools, nursing schools, biomedical
research facilities and support space. Limited retail uses, such as university- related
bookstores and dining facilities located within other buildings, shall be permitted,
to the extent that they are desigmed to serve the on- campus population of the
university and not to attract additional traffic to the campus.
• Office for business and professional purposes.
• A non profit, religious, or public use, such as a religious building, library, public or
private school, hospital, or government -owned or operated building, structure or
land used for public purposes.
• Hospitals
Conditional Uses:
• Light Manufacturing.
Dimensional Requirements:
• Minimum Lot Area: Must have a minimum of five (5) acres in a single lot or
multiple contiguous lot's that total acreage equals five (5) acres.
• Minimum Lot Width: Shall be as provided in a development plan that is
approved by the Planning Board.
• Minimum Required Setbacks: All structures shall be setback a minimum of 35
feet from all State maintained right -of -ways and all property lines that adjoin
the perimeter transition area.
• Maximum Building Height: 85 feet. The Fire Marshal must certify that the
building is designed and equipped to provide adequate fire protection. Further
all buildings that exceed 35' in height shall be equipped with a automatic
sprinkler system installed in accordance with the North Carolina Building
Code.
9.5 Design Standards.
(1) Parking & Off - Street Loading Requirements:
• University Parking: Shall be tied to the university's documentation of adequate
parking availability that is approved by the Planning Board.
• All Other Uses: Shall refer to Article VIII Section 1.9 for the minimum parking
standards. Alternative parking standards can be presented to the Planning
Board for consideration and approval during the development plan approval
stage.
• General Parking: In general all developments shall be required to follow the
standards for Off - Street Parking & Loading in Article III of this ordinance, with
the exception of the landscaping requirements in section 3.0. Landscaping
requirements will only be required within the perimeter transition area.
(2) Environment: Development proposed in the development plan shall minimize
impacts on natural site features, and be accompanied by measures to mitigate those
impacts.
(3) Transportation: Development proposed in the development plan shall be
accompanied by measures to mitigate transportation impacts that are caused by the
development.
(4) Stormwater management: Development proposed in the development plan shall be
accompanied by measures to mitigate stormwater impacts (quantity and quality) that
are caused by the development.
(5) Public utilities: There shall be a general demonstration that water, sewer, and other
needed utilities can be made available to accommodate development proposed in the
development plan. A certification letter from the Harnett County Public Utilities
shall be submitted along with the development plan.
(6) Perimeter Buffering and Landscaping: Areas located within the perimeter transition
areas must provide a detailed analysis of all proposed screening techniques according
to the standards set forth in section 9.6 (3).
(7) Sidewalks and pedestrian ways: Shall be required from building to building to insure
that pedestrian traffic moves safely and orderly from point to point. Such routes must
be submitted and approved by the Planning Board as part of the development plan.
(8) Watershed Requirements: Where applicable all proposed developments must take
into consideration watershed requirements. Therefore a detailed analysis of the
current and proposed impact on the watershed along with certification that the
proposed development will meet all watershed regulations especially in regards to
impervious surface calculations shall be approved with the development plan.
9.6 Perimeter transition areas and design standards.
A development plan shall designate a thirty -five (35) foot wide area at the
boundaries of the OI District. This area shall be referred to as the perimeter transition area
which will establish appropriate standards at the borders of the development plan,
necessary to minimize impacts of development proposed in the development plan on
adjacent property, to be approved by the Planning Board as part of the development plan.
Standards shall address:
(1) Screening mechanical equipment and trash containment areas: All screening
mechanical equipment and trash containment areas located within the perimeter
transition area shall be screened from view using one of the techniques listed in
(Article IV Section 8.15 and 8.16).
(2) Exterior lighting: Shall be installed as to protect the streets and neighboring
properties from direct glare or hazardous interference of any kind.
(3) Buffering:
• Structures built within the perimeter transition area that adjoin residentially zoned
or residentially used property or adjoin a public street shall be buffered using one
of the techniques given for a (Type A buffer located in Article IV Section 8.11),
however the buffering shall only apply to the property line(s) that adjoin the
residentially zoned or residentially used property. Further this buffering shall
adequately cover enough area to ensure the maximum amount of buffer is given to
the adjacent residential use.
(4) Parking: Parking lots located within the perimeter transition area that adjoin
public streets or are adjacent to residentially zoned or residentially used property
shall be landscaped or otherwise screened using one of the techniques given in
(Article VIII Section 3.1) to minimize views of parking from the street and
adjoining properties. Further these parking areas must be set back a minimum of 10
feet from the right -of -way or property line.
9.7 Procedures for approval of development plans.
Applications for a development plan or site development permit shall be tiled with
the Zoning Administrator.
(1) Application submittal requirements.
The Zoning Administrator shall prescribe the form(s) of applications as well as any
other material he /she may reasonably require to determine compliance with this section.
Applications shall include information described in subsections (9.3) (9.5) and (9.6).
(2) Process for review.
A. Applications for development plan approval shall be reviewed by the
planning board and forwarded to the Planning Board for consideration at a public hearing.
B. Notice of the date, time, and place of the public hearing shall be posted on the
property
C. The public hearing shall be open to the public and all interested persons shall
be given the opportunity to present evidence and arguments and to ask questions of
persons who testify.
D. The applicant shall bear the burden of presenting evidence sufficient to
establish persuasively that the proposed development will comply with the determinations
required in subsection (9.7) (3).
E. A record of the proceedings of the hearing shall be made and shall include all
documentary evidence presented at the hearing. Planning Board action on an application
for development plan approval shall occur within ninety (90) days of the date of submittal
of a complete application.
(3) Planning Board action.
A. The Planning Board shall approve a development plan unless it finds that the
proposed development would not:
• Maintain the public health, safety, and general welfare; or
B. Planning Board action shall be to:
• Approve;
• Approve with conditions; or
• Deny.
9.8 Actions after decision on development plan.
(1) The development plan, including all conditions attached thereto, shall run with the
land and shall be binding on the original applicant as well as all successors, assigns, and
heirs.
(2) Individual site development permits. If the development plan is approved, or
approved with conditions, the Zoning Administrator may then accept applications for
individual site development permits for specific buildings that are described in the
development plan. No work on a building identified on the development plan may begin
until a site development permit has been issued. The Zoning Administrator shall prescribe
the form(s) of applications as well as any other material he /she may reasonably require to
determine compliance with the development plan. If the Zoning Administrator finds that
the application is consistent with the development plan, he /she shall approve the
application and issue the site development permit within fifteen (15) working days of the
submittal of a complete application. If the Zoning Administrator finds that the application
is not consistent with the development plan he /she shall deny the application within fifteen
(15) working days of the acceptance of the application and refer the applicant to the special
use permit process described in section 4.5 of this appendix. Alternatively, the applicant
may apply for an amendment to the development plan.
(3) Expiration, abandonment, revocation of development plan. If an application for a site
development permit pursuant to an approved development plan has not been submitted to
the Zoning Administrator within two (2) years of the date of approval of the development
plan, the approval shall automatically expire. On request by the holder of an approved
development plan, the Planning Board shall approve the abandonment of the plan if it
determines that no subsequent development approvals have been granted and no
construction activity has taken place pursuant to the development plan. If material
conditions of a development plan are violated, and remain in violation after giving the
property owner a reasonable amount of time to correct such violation, the Planning Board
may revoke the plan after notification to the property owner and opportunity for property
owner response at a public meeting of the Planning Board.
9.9 Process for amending development plan.
The Zoning Administrator is authorized to approve minor changes and changes in
the ordering of phases in an approved development plan, as long as such changes continue
to be in compliance with the approving action of the Planning Board and all other
applicable requirements, and result in a configuration of buildings that is generally
consistent with the approved development plan. The Zoning Administrator shall not have
the authority to approve changes that constitute a modification of the development plan.
Before making a determination as to whether a proposed action is a minor change
or a modification, the Zoning Administrator shall review the record of the proceedings on
the original application for the development plan and any subsequent applications for
modifications of the development plan, and shall use the following criteria in making a
determination:
(1) A change in the boundaries of the development plan approved by the
Planning Board shall constitute a modification;
(2) A substantial change in the lot size or number of parking spaces approved by
the Planning Board shall constitute a modification. (General rule: more than a 5%
increase in overall net new lot area or parking in a development plan approved by
the Planning Board would be considered substantial.);
(3) Substantial changes in pedestrian or vehicular access or circulation approved
by the Planning Board shall constitute a modification. (General rule: changes that
would affect access or circulation beyond the boundaries of a development plan
would be considered substantial.); and
(4) Substantial change in the amount or location of open areas approved by the
Planning Board shall constitute a modification.
If the proposed action is determined to be a modification, the Zoning Administrator
shall require the filing of an application for approval of the modification, following
procedures outlined in this section for initial approval of a development plan.
Duly adopted this 14`h day of April, Two Thousand six and effective upon adoption.
ETT COUNTY BOARD OF COMMISSIONERS
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