2011/03/21 RESOLUTION AMENDING THE HARNETT CTY ZONING ORDINANCE Art XHARNETT COUNTY
NORTH CAROLINA
A RESOLUTION AMENDING THE
HARNETT COUNTY ZONING ORDINANCE
.
WHEREAS, the Board of Commissioners of Harnett County adopted the Harnett County Zoning
Regulations on July 18, 1988; June 5, 2000, and June 15, 2009 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 the articles of
the Zoning Ordinance as listed below 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 X "Planned Unit Development' of the
Zoning Ordinance shall be amended to read as indicated in "Attachment A."
Duly adopted this 21st day of March, 2011 and effective upon adoption.
HARNETT COUNTY BOARD OF COMMISSIONERS
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Timothy B Neill, Chairman
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Maret na eeler, Clerk to the Board
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ATTACHMENT A
DELETE the following to Article X "Planned Unit Development"
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whieh Itfts mate than 500 !a" *nd whieh hits ptioi to the date of the adoptio" of the 1 larfiett G&Uflty
Zoning Otdinatiee nor be required to ebt,&in any additional approvals of its Outlitie Developmen
Phon- &-r f-A-P -efif-4e Plftftned Unit Deynelepmeftt nor be required to obtain any additional approvid
those pre6r�nfty plats pftviausly approved under the Harnett Gatmty Stibdi-eision Ordiffaftee. Stteh
development mu9t, however, still ineet the prehminary plat requirements of th PI—An"needd Un-41
ADD the following to Article X "Planned Unit Developmene,
SECTION 1.0 PURPOSE
It is recognized that only through ingenuity, imagination, and high quality design can planned unit
developments be produced which are in keeping with the intent of this Ordinance while departing
from the strict application of conventional use and dimensional requirements. This is done by
allowing design flexibility and a mix of residential and nonresidential uses, and /or varying types of
both residential and nonresidential uses. Coordination of such development with adequacy of
public facilities while maintaining the rural and small town character of Harnett County is a necessity
in this type of development.
The constructed and natural landmarks, and social and economic surroundings, are what cause
someone to identify with a particular place or community. Characteristics of a location that make it
readily recognizable as being unique and different from its surroundings, and providing a feeling of
belonging to or being identified with that particular place warrant consideration when developing a
planned unit development.
The characteristics of different uses, activities, and /or designs allow them to both be located in
proximity to and in harmony with one (1) another through compatibility. Elements affecting
compatibility include: height, scale, mass, and bulk of structures; pedestrian and vehicular traffic;
vehicular circulation and access; landscaping; lighting; and mitigation of noise, odor, and air
pollution. Compatibility is not intended to mean identical; rather, compatibility refers to the
sensitivity of development proposals in maintaining the character of existing development and
harmony of the different uses within the proposal with one (1) another.
The intent of the planned unit development regulations of Harnett County is to provide for
minimum, conventional development regulations, while allowing a developer the flexibility to
determine how to attain superior development through the criteria listed herein.
SECTION 2.0 DEVELOPNfENT CRITERLa
Unless otherwise stated or outlined herein, all requirements of this Ordinance shall be met.
2.1 Minimum Development Size
No PUD shall be approved for a site of less than 10 contiguous acres under unified ownership or
control.
2.2 Minimum Building Setbacks
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Unless specified and approved as part of the outline development plan, the minimum setback
requirements of this Ordinance shall be met. The minimum building setback for all single family
development shall be five (5) feet
2.3 Public Utilities
Both public water and public sewer services shall be available to serve the proposed planned unit
development. Capacity of both services must be available at the time of approval. The applicant shall
provide proposed water and sewer demands to the Hamett County Department of Public Utilities prior
to submission of the conditional use permit application. A flow acceptance letter for sewer capacity
from Hamett County Department or Public Utilities shall be submitted with the conditional use permit
application.
2.4 Permissible Uses
A. Residential Uses Allowed within a PUD
Proposed planned unit developments primarily residential in use shall be allowed as a conditional use
in the underlying residential zoning district(s) only. Permissible residential uses within a PUD include
single -family detached dwellings, two -family duplexes, townhome dwellings, multifamily dwellings,
and customary residential accessory uses and structures.
Commercial and other nonresidential uses allowed within a residential PUD shall be limited to those
uses specified in the O &I and Commercial Zoning Districts.
B. Nonresidential Uses Allowed within a PUD
Proposed planned unit developments primarily nonresidential in use shall be allowed as a conditional
use in the underlying nonresidential zoning district(s) only.
Residential uses allowed within a nonresidential PUD shall be limited to those uses specified in the
RA -20M Zoning District.
C. Development Located within Conservation Zoning District
Any portion of a planned unit development located within a conservation zoning district shall be
developed to the standards of this Ordinance and shall not be allowed the flexibility of this Section.
D. Nonresidential Development within a PUD
Nonresidential development within a PUD shall be arranged to:
1. Separate pedestrian and vehicular traffic such that pedestrians can safely walk between businesses
within the planned unit development and from parking areas to businesses; and
2. Promote access from adjacent residential development into nonresidential development areas,
whether or not said residential development is existing or is included as part of the nonresidential
PUD.
SECTION 3.0 DESIGN GUIDELINES
3.1 Minimum Dimensional & Amenity Requirements
This Section describes additional regulations that shall be met for single family, multifamily, and
nonresidential development within planned unit developments. The regulations shall be applied
individually by the desired type of use and density per pod. The developer shall outline which method is
intended as part of the application and shall provide a clear intent to seamlessly integrate differing
requirements.
A. Single Family Uses
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ft. minimum lots 1 25% 1 29'
1 ?6,000 su. ft. minimum lots 1 35% 1 29' 1 40' 1 ✓ 1 ✓ 1 ✓ 1 ✓* 1
*As required by this Ordinance.
B. Multifamily Uses
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B. Multifamily Uses
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C. Nonresidential Uses
Nonresidential uses, whether developed as a portion of a residential PUD or development of a
nonresidential PUD, shall meet the following criteria.
1. In order to facilitate innovative design of nonresidential areas, there shall be no minimum
building setback when located adjacent to other nonresidential uses. However, the outline
development plan shall outline the all proposed setbacks.
2. A minimum of 10 percent (10 %) of the total area proposed for nonresidential uses shall be set
aside as open space. When located within a watershed, a minimum of 30 percent (30 9/o) of the
total area. Stormwater management measures and other required undeveloped land, such as
BMPs, can be used to attain up to half (1/2) of this requirement.
3.2 Streets & Access
The transportation network of all planned unit developments shall, at a minimum, meet the standard
requirements of this Ordinance. Further, all streets within a planned unit development shall be located
and designed in accordance with the requirements of the North Carolina Department of Transportation
for the type of street proposed.
A. Access to Nonresidential Uses within Residential Planned Unit Developments
Primary vehicular access to commercial development shall not be through intervening local streets
B. Entrances
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C. Nonresidential Uses
Nonresidential uses, whether developed as a portion of a residential PUD or development of a
nonresidential PUD, shall meet the following criteria.
1. In order to facilitate innovative design of nonresidential areas, there shall be no minimum
building setback when located adjacent to other nonresidential uses. However, the outline
development plan shall outline the all proposed setbacks.
2. A minimum of 10 percent (10 %) of the total area proposed for nonresidential uses shall be set
aside as open space. When located within a watershed, a minimum of 30 percent (30 9/o) of the
total area. Stormwater management measures and other required undeveloped land, such as
BMPs, can be used to attain up to half (1/2) of this requirement.
3.2 Streets & Access
The transportation network of all planned unit developments shall, at a minimum, meet the standard
requirements of this Ordinance. Further, all streets within a planned unit development shall be located
and designed in accordance with the requirements of the North Carolina Department of Transportation
for the type of street proposed.
A. Access to Nonresidential Uses within Residential Planned Unit Developments
Primary vehicular access to commercial development shall not be through intervening local streets
B. Entrances
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At least one (1) point of ingress /egress for a planned unit development shall be located on a minor
collector road, at a minimum, as identified by NCDOT. The number of ingress and egress points
needed to safely move vehicular traffic from the PUD to the adjoining street(s) shall meet the
minimum requirements of this Ordinance; however the Board of Adjustment, via review of the
outline development plan, may allow additional entrances, under the direction of NCDOT. It shall
be the applicant's responsibility to consult with NCDOT prior to requesting additional entrances.
3.3 Parking
Parking requirements shall meet the standards of this Ordinance. An alternative parking plan may be
submitted as part of the outline development plan. Shared parking is encouraged for uses that typically
do not generate traffic at the same time.
3.4 Signs
A generalized sign plan shall be submitted as part of the outline development plan. Said plan shall
include the design, type, and illumination source of signs to ensure uniform style throughout the
development. All signs shall conform to the applicable requirements of this Ordinance unless otherwise
approved.
3.5 Buffering
A. Perimeter Buffering
Planned unit developments shall be required to provide perimeter buffering in accordance with
Section "Buffers & Landscaping" of this Ordinance. However, when a use within a PUD is located
adjacent to an existing, compatible use, the Administrator may reduce both the buffer area and
number of plantings required by up to 50 percent (50%). If the applicant wishes to reduce the buffer
by greater than 50 percent (50 9/6), the Board of Adjustment shall make that determination.
B. Internal Buffering
Individual uses within the PUD shall be required to meet the buffer requirements for the specific use
unless an alternative internal buffering plan is submitted and approved by the Board of Adjustment
as part of outline development plan.
3.6 Open Space
All planned unit developments shall include open space to optimize use and community interaction
within the proposed development, as well as to maintain and preserve significant natural features. Each
PUD shall include a minimum amount of open space, as required by this Section.
A. Required Open Space Areas
1. Wetlands
Proposals that include any identified wetlands shall include those areas within the required open
space. It is encouraged that, in cases where more than one (1) area of wetlands exists,
connections between the wetlands are also included within the open space.
2. Flood Areas
Proposals that include any identified flood hazard areas are encouraged to include those areas
within the required open space.
3. Water Features
Other water features that are not identified as wetlands or flood hazard areas are often
overlooked during site development. However, these features may be just as important to the
continued success of the natural environment and should therefore be considered for inclusion
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in required open space.
B. Unimproved Open Space
Unimproved open space includes any type of open space that is not defined as improved open space
by this Ordinance. All of the required unimproved open space within a PUD shall be recorded at the
time of recordation of the first phase of development.
C. Improved Open Space
A minimum of 10 percent (10 %) of the total open space provided shall include improved open space
area(s) in primarily residential planned unit developments. Specific improved open space uses shall
be proposed by the developer in the outline development plan. Proportionate to its size, each pod of
the PUD shall include an area of improved open space. In no case shall open space include less area
than the smallest lot of the pod in which the open space is located.
D. Access to Open Space
In cases where improved open space is located along a right -of -way where improved pedestrian
access is not required, such access shall be provided to connect the open space to the nearest
required pedestrian access.
SECTION 4.0 SUPERIOR DESIGN CRITERIA
A PUD may modify the requirements set forth in the UDO, if the applicant demonstrates how the
proposed development is superior to that accomplished through conventional ordinance application.
Superior design criteria exceed the standard development requirements of the Harnett County
Unified Development Ordinance. While there are numerous techniques that may be utilized for each
of the criteria below, it is up to the applicant to determine what is most appropriate for the proposed
PUD.
Each of the criteria below shall be met, included, and explained as part of the required outline
development plan. It is the duty of the applicant to provide that each of these criteria is met. Each
criterion must be met in order for the Board of Adjustment to consider approval of the
development proposal. The Board of Adjustment shall make a determination that the outline
development plan adequately meets and explains these criteria to the extent necessary to meet the
purpose of this Section. Greater detail in explanation of the superior design provided as part of a
proposal shall afford a more thorough and informed review process by County Staff and the Board
of Adjustment.
4.1 Overall Development Design
Innovative design of the overall development, which may include access, circulation, privacy, and other
factors to create a unique development that compliments or enhances the surrounding community.
4.2 Architectural Design
In planned unit developments, architectural design shall take into consideration the intended character of
development as a whole, including seamless transitions between uses. More specifically, architectural
design may include building design, location, scale, and /or character, provided to avoid abrupt
differences between structures and uses. To determine if superior design has been attained to meet the
requirements of this Section, the architectural standard regulations of the Highway Corridor Overlay
Zoning District shall be used as a benchmark.
4.3 Sustainability
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The intention of sustainability in development is to eliminate negative environmental impacts through
sensitive and skillful design. Further, sustainable development is intended to meet existing human needs
while preserving the environment so that the needs of future generations can be met without an undue
economic burden. Maintaining or enhancing opportunities and community well being, while protecting
and restoring the natural environment upon which people and the natural environment depend, are
primary features of sustainable development. Ways of living more sustainably can take many forms from
reorganizing living conditions and sustainable architecture, including but not limited to gray water
systems for irrigation, pervious parking, and alternative energy.
4.4 Preservation of Natural & Historic Features
Community use of natural resources shall do so in a way that does not jeopardize the ability of future
generations or the natural environment to live and prosper. For example, preservation of all areas
located within the conservation zoning district as open space or utilizing naturally low lying areas for
utility easements & walking trails.
4.5 Transportation System
On -site circulation and off -site traffic consequences shall be addressed as a whole in overall development
design. Circulation for vehicle and pedestrian movement should be provided to minimize impacts to
existing transportation systems. Transportation systems included as part of a PUD may include traffic
calming devices, innovative intersection design, and other techniques to maintain safe traffic movement
throughout the development.
4.6 Public Safety & Service Availability
Availability of public services is a major factor in locating developments. For purposes of this item,
public services may include the use of residential sprinkler systems, and proximity to fire and emergency
medical services, hospitals, law enforcement services, libraries, and educational facilities.
SECTION 5.0 REVIEW & APPROVAL PROCEDURES
5.1 Predevelopment Meeting
A predevelopment meeting shall be scheduled with the Planning Department, and other County
Departments as applicable, to review the proposed development plan. Said predevelopment meeting will
allow both the developer(s) and County Staff to air out potential issues prior to submittal to the Board of
Adjustment. This meeting must be held before staff will accept a conditional use application for the
proposed development.
5.2 Public Outreach
A. Notification of the Public
A minimum extent of public outreach shall be done by the developer(s) prior to, or in conjunction
with, application of the proposed plan. Properties located within the proposed development area, all
adjacent parcels, and those parcels or portions of parcels within 600 feet of the proposed
development area shall be notified by the developer(s) of the intent for development of the site.
Such notification shall include a map of the development area, a description of the proposed
development, and contact information for the developer(s) and /or a representative(s). A list of the
property owners notified and a copy of the letter sent (including any attachments) must be submitted
to the Planning Department with the conditional use application.
5.3 Submittal Procedure
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The procedure for approval of a planned unit development shall combine the conditional use permit
review process and the subdivision plat and site plan review processes, as outlined by this Ordinance. All
applications for conditional use permits for PUDs shall be submitted a minimum of 60 days prior to the
Board of Adjustment meeting. An outline development plan for the entire development, described
below, shall be prepared and submitted along with a conditional use permit application and all other
required documentation.
5.4 Outline Development Plan
Each proposed planned unit development shall include an outline development plan. The purpose of the
plan is to describe, in detail, all elements of design and regulation of the site as a whole. Following the
inclusion of a succinct development summary, the outline development plan shall include how each of
the required conventional regulations are met, including individual phase descriptions of these regulations
where necessary. Finally, the plan shall outline how superior design guidelines and individual criteria are
met through innovative design, proposed by the developer.
The outline development plan shall specify development standards applicable to each use within the
planned unit development. If standards have not been specified for a proposed use in the outline
development plan, any applicable development standards found elsewhere in this Ordinance shall be
followed. In no case shall proposed development standards fail to meet the intent of this Ordinance.
5.5 Staff Review
Upon receipt of a complete application, Planning Staff will conduct a review of the outline development
plan and other required materials. The outline development plan and required documents may also be
review and commented on by other County Departments, as applicable.
5.6 Final PUD Document Submittal
Following approval of a planned unit development application, revised and final documentation must be
submitted to the Planning Department. Said submittal shall be made within 30 business days of approval
by the Board of Adjustment and must include the documents fisted below, including all revisions required
as part of the review and approval process.
A. Coves Letter
B. Outline Development Plan
C. Site - Development Plan
The development plan shall include that information required elsewhere by this Section_ includine
but not limited to general street layout, pod rWe location and type of open space and density, alone
with any other information deemed appropriate by the Administrator.
Ordinance shall be followed as appropriate.
5.7 Conflicts
Where conflicts occur after approval by the Board of Adjustment between the approved plan and the
requirements of this Ordinance, or other local, State, or Federal regulations, such conflict shall be
resolved by the Administrator.
AMEND Article X "Planned Unit Development", Section 12.0 "Definitions & Interpretations" as
Follows:
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SECTION 12.0 DEFINITIONS & INTERPRETATIONS
Should be changed to:
SECTION 6.0 DEFINITIONS & INTERPRETATIONS
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