031020ws9:00 am
9:15 am
9:30 am
9:45 am
10:15 am
10:30 am
11:15 am
Harnett County Board of Commissioners
Work Session
Tuesday, March 10, 2020
9:00 am
Call to order, Pledge of Allegiance and Invocation
Spectrum PEG (Public, Educational, Governmental) Channel discussion
North Hamett Primary School Road Project Discussion
Development Services:
1. Public Hearing -Proposed Rezoning: Case # PLAN 2002-0001 -Landowner /
Applicant: Elizabeth E Cannon / KDP Development, LLC; 15 .67 +/-acres ;
Pin #'s 0651-96-2858 .000 & 0651-96-2624.000; From RA-40 to RA-30
Zoning District; SR# 1436 (Matthew's Road) Neill 's Creek Township
2. Public Hearing -Proposed Text Amendment: Case# PLAN 2001-0003 -
Hamett County Unified Development Ordinance, Article VII : Development
Design Guidelines, Section 2.1 Comprehensive Transportation Plan; Section
8.1 Open Space General Provisions; Section 8.2 Design Standards for Open
Space; Section 9.3 Streetscape Buffer for Major Subdivisions.
County Manager's Report:
March 16, 2020 Regular Meeting Agenda Review
Review applications to serve on Boards and Committees
Invitations and upcoming meetings
Closed session
Adjourn
NORTH CAROLINA
HARNETI COUNTY
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
AND
COUNTY OF HARNETT
DOT CONSTRUCTION AGREEMENT
DATE: 8/10/2018
WBS Elements: 47750
THIS AGREEMENT is made and entered into on the last date executed bel ow. by and between the
North Carolina Department of Transportation, an agency of the State of North Carolina, hereinafter
referred to as the "Department" and the County of Harnett. hereinafter referred to as the ·county··.
W I T N E S S E T H:
WHEREAS, the Depa rtment and t he County propose to make certain traffic control improvements
under said project in Harnett County; and.
WHEREAS . the County has agreed to participate in the cost of the project as hereinafter set out.
NOW, THEREFORE, the parties hereto, each in consideration of the prom ises and undertakings of
the other as herein provided. do hereby covenant and agree, each w it h the other, as follows :
SCOPE OF THE PROJECT
1. The Project consists of construction of a new access driveway into North Harnett Primary School
from NC 210.
PHASES OF THE WORK
2 . The Department shall be responsible for all phases of the project, including p lannin g, design ,
construction and contract administration. All work shall be done in accordance w ith Departmental
standards, specificati ons, policies and procedures .
FUNDING
3 . The total estimated Project cost (including project development, preliminary engineering, planning
and construction) is $600,000 . T h e Depar tment shall participate in the actual cost up to a
maximum amount of $400.000. The County shall participate in the remaining actual costs ,
Agreemen t ID# 7897
estimated to be $200,000. and shall be responsible for all costs that exceed the tota l estimate of
$600 ,000 .
4 . The County shall submit a check for $100,000 (50% of the estimate) to the Department's Division
Engineer upon partial execution of this Agreement by the County. The remaining cos1 ( estimated
to be $100 ,000 plus or minus adj ustments as described below) w ill be paid within 60 days of the
Department's billing. The Department shall charge a late payment pena lty and interest on any
unpaid balance due in accordance with G .S . 14 7-86.23
5. If the lowest responsible bid received by the Department and the cost of proj ect development,
preliminary engineering and plannin g exceeds $600,000 the County shall have 60 days to secure
additional funding for construction cost prior to the Department awarding the contract. If the
County is unable to secure sufficient funding tor the Pro ject, the contract shall not be awarded
and the County shall be reimbursed for their payment minus all costs rea lized for project
development. preHminary engineering and p lanning .
6. Upon completion of the project , it actual costs exceed the total funding provided by the
Department and the County, the County shall reimburse the Department any underpayment
with in sixty {60} days of invoicing by the Department. If the actual cost of the work is less than the
to tal fund in g provided by the Department and the County , the Department sha ll reimburse the
County any overpayment..
UTILITIES AND RIGHT OF WAY
7. The Department does not anticipate the need to relocate and adjust any publically-owned utilities
at this time. If during the project it becomes necessary to adjust and relocate the publically-owned
utilities, the parties will be notified and a uti lity agreement w ill be prepared.
8 . It is understood by all parties that all needed right of way shall be donated at no cost or liabi lity
whatsoever to the Department for said project. The County shall facilitate the donation of al l
required right of way and/or easements with any third parties. The Department shall execute all
required documentation to accomplish the acquisition and conveyance of all required right of way
to the Department in accordance w ith State procedures. All work shall be performed within the
newly conveyed or existing right of way.
MAINTENANCE
9 . Upon completion of the Project, only those impro vements within the state owned right of way
shall be considered on the State Highway System and owned and maintained by the Department.
Agreement ID# 7897 2
ADDITIONAL PROVISIONS
10. The Department shall not be liable and shall be held harm less from any and all claims that might
arise on account of the County negligence and/or responsibilities under the terms of this
agreement and/or project.
11 . By Executive Order 24 , issued by Governor Perdue. and N .C . G.S .§ 133-32, it is un lawful for any
vendor or contractor ( i.e. architect bidder. contractor, construction manager, design professional,
engineer, landlord, offerer. sel ler, subcontractor, supplier, or vendor), to make gifts or to give
favors to any State employee of the Governor's Cabinet Agencies (i.e., Administration.
Commerce. Environmental Qua lity, Health and Human Services, Information Technology, Military
and Veterans Affairs , Natural and Cultural Resources, Public Safety , Revenue , Transportation,
and the Office of the Governor).
Agreement ID # 7897 3
IN WITNESS WHEREOF, th is Agreement has been executed, in dupficate , the day and year
heretofore set out. on the part of the Department and the County by authority dufy given.
DATE:
Approved the County of Harnett as attested to by the s ignature of A/4,c4/i,cel /{,_q In o.. i.Jl ee ler
Ha..-~~-++Co~~{y , u 9 IJ.,
Clerk of the 6o41t"tl a{ C:ornm ~5s, Ql'l~~ (governing body} on _ .... _~-d~~-----1% __ _
N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State
Employee of any gift from anyone with a contract with the State , or from any person seeking to do
business w ith the State . By execution of any response in this procurement, you attest, for your entire
organization and its employees or agents, that you are not aware that any such gi ft has been offered.
accepted, or promised by any employees of your organization .
Federal Tax Identification Number
Re mittance Address:
The County of Harnett
\)() -~~:. \\\ <\
"'·. \ -.:.j\ ci ._;, ._\,
DEPARTMENT OF TRANSPORTATION
BY· --?.: ~/
. (CHIF:F ENGi~
PRESENTED TO BOARD OF TRANSPORTATION ITEM 0 :
DATE: -----'-/.~;f'--•_,_fo_,_I ____ ----/ ,/
'3:--2-1%
Agreement ID# 7897 4
Board Meeting
Agenda Item
M EETING DA TE: March 16, 2020
TO: HARNETI C OUNTY BOARD OF COMMISSIONERS
SU BJEC T: Proposed Rezoning: Case # PLAN 2002-0001
REQU E STED BY : Development Services/ Mark Locklear
REQUEST:
Landowner / Applicant: Elizabeth E Cannon / KDP Development, LLC; 15.67 +/-acres ; Pin
#'s 0651-96-2858.000 & 0651-96-2624 .000; From RA-40 to RA-3 0 Zoning District; SR #
1436 (Matthew's Road) Neill 's Creek Township.
Development Services staff reccomends approval based on adjacent, residential zoning as
well as compatability with the Land Use Plan.
Additional Information:
At their March 2°ct meeting, the Harnett County Planning Board voted unanimously (4-0) to
recommend approval of application based on compatibility to the Land Use Plan and due to
the ex isting residential uses in the area.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
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fonn.d ocx Page I of I
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~(~ COUNTY
,l NORTH CAROL !NA
REZONING STAFF REPORT
Case : PLAN2002-0001
Jay Sikes , Mgr. of Planning Services
jsikes@harnett .org
Phone : (910) 893-7525 Fax: (910) 814-8278
Planning Board: March 2, 2020 County Comm i ssioners: _M_ar_c_h_16--'-, _2_0_2_0 __ _
Requesting a Rezoning from RA-40 to RA-30
Applicant Information
Owner of Record:
Name : Elizabeth Cannon
Address : 1456 Matthews Rd
City/State/Zip : Lillington, NC 27546
Property Description
PIN(s): 0651-96 -2858 & 0651-96-2624
Address/SR No .: Matthews Rd (SR 1436)
Township :
D (01) Anderson Creek
D (02) Averasboro
D (03) Barbecue
D (OS) Buckhorn
D (06) Duke
D (07) Grove
Applicant:
Name: KDP Development, LLC
Address : 1187 N. Raleigh St
City/State/Zip: Angier, NC 27501
Acreage : 15.67 ------
D (09) Johnso nville
D (10) Lilli ngton
D (04) Black River D (08) Hectors Creek
~ (11) Neill's Creek
D (12) Stewart's Creek
D (13) Upper Little River
Vicinity Map
I
«.TVRtlm '"'" .. . ~ml __ .. ..
I
site
,
~"~=.: : ·.
Vicinity Map
Page 1 of 4 STAFF REPORT
Services Available
Water:
!ZI Public (Harnett County)
D Private (Well)
D Other: Unverified
Sewer:
D Public (Harnett County)
!ZI Private (Septic Tank)
D Other: unverified
Zoning District Compatibility
The following is a summary list of general uses,
or actual permitted uses refer to the Zoning Ordinance.
Page 2 of 4
Transportation:
Annual Daily Traffic Count:
Unavailable
Site Distances: moderate
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 X (with
Re ulated criteria
Manufactured Homes X
Multi-Family X
Institutional
Commercial Services
Retail X X
Wholesale
Industrial
Manufacturing
STAFF REPORT
Zoning Map
Land Use Classification Com
Evaluation
Compatibility Dev Target
§ Area & Med Density Res
Pa r ks & Re c
Natural Preserves
Bona Fi de Fa r ms
Single Family
Manufactured Homes,
Des ign Regulated
Manufactured Hom es
Multi-Fa m ily
Institutional
Commercial Se rviceO
Retail
Wholesale
Industr ia l
Manufacturing
ZONING
RA-30
X
X
X
X
X
X
X
X
X
X
LAND USE
MDR
X
X
X
X
X
X
X
X
[8J Yes D No The IMPACT to the adjacent property owners and the surrounding community i s
reasonable, and the benefits of the rezoning outweigh any potential inconvenience or
harm to the community.
[8J Yes
REASONING: The impact to the surrounding commun ity is reasonable, as the requested
zoning district is similar in nature to the surrounding area .
The requested zoning district is COMPATIBLE with the exi sting Land Use Class i fication .
REASONING: The requested zoning to RA-30 i s 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 dens ities that range
from 2-5 units per acre. The Compatibility Development Target areas is based on
potential water & sewer availability, which leads to flexibility with lot sizes.
[8J Yes D No The proposal does ENHANCE or maintain the publi c health, safety and general welfare.
REASONING: The requested zoning to RA-30 would ma in tain the public health, safety
and general welfare due to the existing residential uses within the area.
D Yes [8J No The request i s for a SMALL SCALE REZONING and shoul d be evaluated for
reasonableness.
Page 3 of 4
REASONING: Due to the total size of the tracts, s imilarity of the two districts, as we l l as
Land Use compatibility, this appl i cati on does need to be considered for Small Scale
Rezoning.
STAFF REPORT
Suggested Statement-of-Consistency (Staff concludes that...)
As stated in the evaluation, the requested rezoning to RA-30 would not have an unreasonable impact o n
the surrounding community and will maintain the public health, safety, and general welfare 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.
Additional Information
At their March 2nd meeting, the Harnett County Planning Board voted unanimously ( 4-0) to recommend
approval of application based on compatibility to the Land Use Plan and the existing residential uses in the
area. *2 citizen attended, but no one spoke in opposition .
Site Adjacent Property
. {,
Street view & area properties Street view & area properties
Page 4 of 4 STAFF REPORT
APPLICATION FO R ZO NING CHANGE
Harnett
Planning Department
108 E. Front Street
COUNTY P.O . Box 65, Lillington, NC 27546
Phone : (910) 893-7525 Fax: (910) 893-2793
Total Fee: JJ SDO ,CO
Receipt: -=c-------=---c--------
Permit: Pf9 a ~@-{pp/
Hearing Date: 'hlr<...h ~, ~cl()
Applicant Information
Owner of Record: A_
Name: ELl?.4~ lA'fiJtt,J
Address : J1£SC 'J/Qv..i ~
City/State/Zip: L/Lu~T~iJ. tf: Z?f'fh
E-mail :
Phone:
Fax:
Applicant;
Name, Pf~~ [CC.
Address: 18? . r
City/State/Zi~ ~,;fz.j7.S-t>/
E-mail : /?8_s74ll{f!{f\S,.Sp('{ .S:2 ll~AIL · Cp.l,t
Phone : 'jjq, lf:2.7 -F)i.,,E'¥
Fax :
Propprty Descriptio
PIN(s) (~~~/ --2& ,. ~ · 21:il.'I · ~creage : / S. h 7 Acres
Address/SR No. : ·.:&Al~~~-+---a<.:.-"'--------=----~--,----r---=----::---,--=-:::,,--=-----::~ir...-=--
Di recti ons from Lillington:
Deed Book: 3"31.fO Page: 06!7
Plat Book : ____ Page : ___ _
Existing Zoning :
D Conservation
0 RA-20M
0 RA-20R
0 RA-30
IE, RA-40
D Commercial
D Light Industrial
D Industrial
D Office & Inst'I
Attachments
-
Signatures
Requested Zoning :
D Conservation
0 RA-20M
~ RA -20R
RA-30
RA-40
D Commercial
D Light Industrial
D Industrial
D Office & Inst'I
Township :
D (01) Anderson Creek
D (02) Averasboro
D (03) Barbecue
D ( 04) Black River
D (05) Buckhorn
D (06) Duke
0 (07) Grove
D (08) Hectors Creek
0 (09) Johnsonville
0 (10) Lillington
jg_ ( 11) Neill's Creek
0 (12) Stewart's Creek
0 (13) Upper Little River
The undersigned appl i cant hereby certifies that, to the hest of his o r her knowledge and bel i ef, all
information supplied with this application is t r ue and accurate :
~ -z.7._ZP . 2 .. 7 .. z()
Property Owner Signature Date Date
Pag e 1 of 2 APPLICATION FOR ZONING CHANGE
Re quireme nts f o r Conside r a t i on
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 r ecommendation
unless:
2.1 The proposal will place all property similarly situated in the area in the same category, or in
appropriate complementary categories.
2 .2 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.
2 .3 There is convinci ng demonstration that all uses permitted under the proposed district classification
would be appropriate in the area included in the proposed change . (When a new distr ict
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.)
2.4 There is convincing demonstrati on that the character of the neighborhood will ne>t be materially and
adversely affected by any use permitted in the proposed change . ,
2 .5 The proposed change is if") accordance with the compreh~nsive plan and sound planning practices .
Page2of 2 APPLICATION FOR ZONING CHANGE
03340 · P617
HARNITT COUtm' TAX ID I
110651 00Sl
1106S1 0023
09-18-2015 BY : !IT
For Re~1st ration Kimberl y S Ha rgrove
Register of Deeds
Hamett Count y, NC
Electron ically Record ed
2015 Sep 18 11 01 AM NC Rev Stamp: $ 0 00
Book. 3340 Page 617 Fee: $ 26 00
Instrume nt Numbe r 2015013053
NORTH CAROLINA NONW ARRANTY DEED
Exdse Tar. $0.00 ()OJ~1 '1'1
Paroel Identifier No. •• Hsden I IO"', WI•/ oo 1-'\C, • u n..-Filt 1516790-90 I Membrr 686~.J
Mail/Box ID : Eliz:abelh E. Cannon. 1456 Mattt-s Rd. Lillington. NC 27546
Instrument prepared by : Br11"1 & Ko,efslcy, PJl. 3065B 5-1• Drit,e; MAffltnua, NC 28JOS
Brief Description for the Index : Trad I and n-M&B-1'S6 Matthew, Road
THIS DEED made this ....l1-day of
GRANTOR
Elizabeth E. Cutnon
f/11/a
Elizabeth Cannon Canup,
An ll1aruuriN W°'"""
G,atorAUms:
If56 MAnluw, R,I
Lilli NC2~
Se~\>«" • 20 \S by and between
GRANTEE
Elizabeth E. Cannon,
An UnnumieJI Wcmuan
Propnty 111111 M•ili11g A.dbns:
I'56 M•ttltew• RJ
Wli.gtA,11. NC 27546
The designation Gran tor and Grantee as used herein shall include said parties. their heirs, 511cc-essors, and
assigN, and shall Include singular, plural, masculine, feminine or neuter as requittd by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is
hereby ad:nowledged, NS and by these prumts does grant. bargain. sell and convey unto the Grantl!e in
FEE SIMPLE, all that certain lot or parcel of land situatied in the City of UIUngton. H&mett County.
North C-arolina and more particululy described as follows:
SEE A1TACHED EXHJIIT A
Tor purpose of this deed Is to correc-t the name of the Grantee on title.
The property hettinabove described was 11Cqllind by Grantor by wtnunent recorded Book 26M Page
563 ol the Hamett County PubUc Registry . See Also Boole; 1243, Page 621 & Book 1333, Page 177.
suba1tted electronically by •erady & Kosofsky, PA"
tn coapliance wtth Morth Carolina statutes governtng recordable docuaents
and the tentS or the suba ttter agreement atth the Harnett county aeg1ster of Deeds .
83340 • P61B
A map showing the above described property is recorded in Plat Book N/A Page N/A.
All or a portion of the property herein conveyed includes the primary residence of a Grantor.
TO HA VE AND TO HOLD the afores,ld lot oc parer! of land and all privileges and appurtenanceos
thereto belonging to tM Grantee ln FEE SIMPLE.
IN WITNl!SS WHElEOF. the Grantt>r has duly executed the foregoing as of the day and yeu fin I Above
wri~n.
~I" '-s.-c__ 11:JJ. ~C-._ ~., (SEAL)
EJlubeth E. Cannon 1/1(/11 Elizabdh Cannon Canup
ST A TE OF ____ 1J",=-'~(..----.,,-..----
COUNTY OF _.._&;""""",_.n..,.d-.\-._.._._ __ _
l certify that the following person(s) personally appeared before me this da y, each
acknowledging to me that he or she signed the forc&oing document:
Elizabeth E. Canao1 f/k/a Elizabeth Canaon CaHp
Datc:_q~)..,_1 .a::sa.:.\ 1._S __ _
M
OONAALWAAV
NOTARY PIJIUC
WAflJ: COUNTY• N.C. ~~~,,~ ..
0""' 'f 46~ °DfuNt L., ~ N~ Public
y Commission Expire: 11 I :sJ ,a, ! S
B3340 • P619
EXHIBIT A
BEGINNING AT AN FOIIITT' 1.0CATED WITHINTHE60FOOT RIGHT OF WAY OF NCSR 1436
{MATiliEWS ROAD) SAME BEING A COMMON CORNER WITH, NOW OR FORMERl Y, CLYDE W.
CANUP, OWNER OF LOT A, THENCE NORTli 89 DEGREES 53 MINUTES 27 SECONDS EAST 1447.60
FEET TO A DISTURBED BLADE, ANOTHER COMMON CORNER WITH CANUP (I.DT A), TH.ENCE
SOIJI'H 01 DEGREES 56 MINUTES 10 SECONDS WEST 239.95 FEET TO AN EXISTING IRON ST Al<l:
WITNESSED BY AXLE SAME BEING A CORNER WITH NAIBAN R,t. Y JOHNSON BOOI< 534. PAGE
1591 THENCE CONTINUING WITH JOHNSON'S LINE SOlITH 89 DEGREES 53 MINUTES 38
SECONDS WEST 1452.50 FEET TO AN EX.ISrlNG RAIL ROAD SPIKE LOCATED 3.4 FEET WEST OF
THE CENfERLlNE OF SR 1436 {MATTHEWS ROAD) RUNNING THENCE UP lHE 60 FOOT RIGHT OF
WAY OF NCSR 1436 NORTH 03 DEGREES 06 MINUTES 2.8 SECONDS EASr 239.50 FEET TO THE
POINT AND Pl.ACE OF BEGINNING AND BEING KNOWN AS ALL Of LOT 8, COJ\IT AINING 7.961
GROSS ACRES, AS SHOWN ON lliAT MAP ENTITLED NSURVEY FOR MICHAEL D. CANUP AND
WIFE, ELIZABETH C. CANUP" PREPARED BY ASHWORIB LAND SURVEYING AND OA TED 13
NOVEMBER 1997.
AND
BEGINNING AT AN EXISllNG IRON PIPE WITH A PINCHED TOP LOCATED 18" WEST OF THE
CENTERLINE OF NCSR 1436 (MAlTHEWS ROAD) SAM£ BEING A CORNER WITH NOW OR
FORMERLY, CAROLYN B. JERNIGAN, lHENCE NORTH 89 DEGREES 53 MINUTES 49 SECONDS
EAST 29.4' FEET TO AN EXISTING lRON SPIKE LOCATED ON TifE EASTERN EDGE OF NCSR 1436,
IBENCE NOalH 89 DEGREES 53 Ml1'Tlll'l!S 49 SECONDS EAST 1394.74 FIIBI' TO A BLADE BEING A
COMMON CORNER WITH CHAklES 111.ANCHARD (PB 15, PAGE 59), THENCE WITH THE LINE OF
PAULINE W. MA TI'HEWS BOOK 730, PAGE 9141 SOUTH 01 DEGREES 56 MINUTES 10SECONDS
WEST 239.35 FEET TO A DISTURBED BLADE, THENCE S01.Tl'H 89 DEGREES 53 MINUTES 27
SECONDS WEST 1447.60 FEET 10 A POl!IIT WITHIN TifE 60 FOOi' RJGHT OF WAY OF NCSR 1436
{MATTHEWS ROAD), THENCE CONTINUING UP THE RIGHT OF WAY OF NCSR 1436 NORTH 03
DEGREES 06 MINIJJ'ES 28 SBC'ONDS EAST 239.22 FEET TO THE POINT AND PLACE OF BEGINNING,
AND BEING KNOWN AS ALL OF tar A, CONTAINING 7.938 GROSS ACRES, AS SHOWN ON THAT
MAP EmTTLED ~suRVEY FOR MICHAEL D. CANUP AND WIFE. ELIZABETH C. CANUP"
PREPARED BY ASHWORTH LAND SURVEYING AND DATED NOVEMBER 13, 1997.
Theresa Jones
From:
Sent:
To:
Cc:
Subject:
Ph ilip Stephenson < prstephenson52@gmail.com >
Monday, February 10, 2020 1:26 PM
Theresa Jones
Jay Sikes ; kbbin c14@gmail.com
[External]Re: rezoning
CAU TION: This email originated from outside of the organization . Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hey Jay and Theresa,
Permit: 2002 -0001
1456 Matthews Road, Lillington
Per your request :
We ( KDP Development LLC), and Property owner, Elizabeth Cannon , are requesting a change in current zoning of RA -40
to RA-30 .
Due to the property layout and an area of unsuitable Septic soils, which we have to incorporate in the Lot layout, this
property Better suits an RA-30 Zoning for a more reasonable and better design for a "Custom Built" residential
community. We think this would enhance the property values of surrounding property and make it a more desirable
area to live .
Thanks, Phil Stephenson
KDP Development LLC
Sent from my iPhone
On Feb 10, 2020, at 11:46 AM , Theresa Jones <t jones@harnett.org> wrote :
Good Afternoon Mr. Stephenson,
I just realized that I didn't have you do statement for justification for the rezoning . If you will just email
me one that would be great.
Thank you
Theresa
Tnue.saJo~
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Board Meeting
Agenda Item
MEETING DATE: March 16, 2020
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT : Proposed Text Amendment: Case# PLAN 2001-0003
REQUESTED BY: Development Services/ Mark Locklear
REQUEST :
Hamett County Unified Development Ordinance
Article VII: Development Design Guidelines, Section 2 .1 Comprehensive Transportation
Plan; Section 8.1 Open Space General Provisions ; Section 8.2 Design Standards for Open
Space ; Section 9.3 Streetscape Buffer for Major Subdivisions.
The requested Text Amendment is compatible with Harnett County regulatory documents, as
well as NCDOT's requirements. Therefore, it is recommended that this Text Amendment
request be APPROVED.
At their March 2nd meeting, the Harnett County Planning Board voted 4-0 to recommend
approval of this of the Text Amendment application based on compliance with NCDOT.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C :\U sers\gwheeler\App Data\Local\M icrosoft\ W indows\INetCache\Conte nt. O utl ook\OZ MK66X9\0pe n Sp ace TA_ CC
agenda form .docx Page I of I
r-= ~ Harnett
}_(~ co u NT v TEXT AMENDMENT REQUEST FORM
NORTH cAROLINA (Internal)
Development Services
108 E. Front Street
P.O. Box 65, Lillington, NC 27546
Phone: (910) 893-7525 Fax: (910) 893-2793
Planning Board: March 2, 2020 County Commissioners: March 16, 2020
Applicant Information
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
1:8:1 New Addition 1:8:!Revision
Unified Development
Ordinance: _O.;;;...;_rd=i..;,.;n=a..;,.;n...;;;:.c..::..e _______ _
Current Text:
See attached
Article:
Proposed Text: (Attach additional sheets if necessary)
See attached
Reason for Requested Change:
VII Section:
2.1, 8.1,
8.2,9.3
To amend Harnett County's U.D.O. where it pertains to bicycle & pedestrian facilities, active/ usable
open space, and buffering.
Commentary :
• CTP text amendment: NCDOT's new policy is to "constr uct facilities that our
communities want, need, and will use."
• Require usable open/ active open space %
• Provide more specific examples of usable open space
• Since CTP & future Greenway Plan wi ll require improvements along some rights-of-
ways, reduce the overall width of the streetscape buffer, but improve the
landscaping requirement.
Additional Info:
Per NCDOT "The Harnett CTP is mutually adopted by the county, municipalities, CAMPO and NC Board of
Transportation. The plan is endorsed by the Mid-Carolina RPO. So this is an official legal document.
If the County/ Municipality's Land Development/ Zoning Code requires a developer to build
recommended Bike/Ped facilities based on the adopted plan, then yes you can use the CTP as a
regulatory tool."
Page 1 of 6
ATTACHMENT 1
Re: create recreational areas and useable open space throughout Harnett County.
Red text is proposed
Article VII Development Design Guidelines.
Section 2.0 Street & Transportation Standards
2.1 Comprehensive Transportation Plan
2.1.1 P11,pose & Applicabili!J
The Harnett County Comprehensive Plan (CTP) is an officially adopted plan addressing long range transportation
needs regarding land use and development within Harnett County. Tt shall be the responsibility of developer(s) of
major subdivisions, minor subdivisions, and nonresidential sites to comply with the Harnett County Comprehensive
Transportation Plan (CTP) to further the purpose of said plan.
2.1.2 Req11ired Improvemen/.1
,\II such de\·elopment located adjacent to a corridor that is included 111 the County's adopted Comprehensive
Transportation P lan, or any other officially adopted Plan, shall compl) with the presrnbed impro,·ements as mdicated
,virlun said Plan.
~ 2. I. 3 Measurement of Land Area for F11t11re Right-ef-W try
All such development lo cated adjacent to a corridor identified b y the CTP for future widening shall include building
setbacks measured from the future right (s)-o f-way identified, in order to accommodate future street widening.
Existing nonresidential lots of less than one (1) acre in size shall be exempt from this requirement.
Land area necessary for future right(s)-of-way, shall be determined as identified b y NCDOT plans where as available,
or otherwise by applying half of the right(s)-of-way width recommended in the Harnett County Comprehensive
Transportation Plan (CTP) along each side of the thoroughfare's existing edge o f right(s)-of-way or centerline
alignment, whichever is applicable.
Section 8.0 Open Space
8.1 General Provisions
A. The Board of Commissioners declare s the purposes and intent of the open space regulation s adopted and prescribed
in this Sec tion to be as follows:
1. To provide adequate improved recreational open space area s and unimproved open space;
2. To provide prime views and open v istas, providing relief from an urban land scape;
3. To encourage the preserva tion of existing trees and vegetation;
4. To encourage the retention of environmentally sensitive areas, such as, steep slopes, bodies of water, strea ms,
wetlands and land adjoining the Cape Fear River;
5. To encourage the protection of air and water quality;
6. To enhance flood control; and
7. To provide protection for hi storically or archeologically significant areas.
8 .\ rrummum of 10 percent (10°0) of the total open space provided m residential de\'elopments shall 111cludc
tmprm·ed open space area (s) as defined b) this Ordinance. 1 he unpro\'ed open space area shalJ be proportlonate
to the entJre development and, tf applicable, each phase shall include an area of imprm·ed open space. In no case
shall an open space area be less than the smalJest lot within the phase m which the open space 1s located.
Page 2 of 6
B. For purposes of this document, usable open space means an area that:
1. Is not encumbered with any structure unless such strucrure is intended for recreational open space purposes;
2. Is not contained within street right(s)-of-way or otherwise devoted to use as a roadway, ingress/egress easement,
or parking area not associated with the use of the open space;
3. I s left in its natural or undisrurbed state (as of the date development began), if wooded (except for the cutting of
trails for walking or jogging) or, if not wooded at the time of development, is landscaped for ballfields, picnic
areas, play areas, or similar recreational open space facilitie s, or is properly vegetated and landscape d with the
objective of creating a wooded area or other area that is consistent with the objective set forth in;
4. I s capable of being used and enjoyed for purposes of informal and unstrucrured recreation and relaxation;
5. Is legally and practicably accessible to the residents of the development out of which the required open and
recreational open space is taken, or to the public if dedication of the open and recreational open space ; and
6. Is not encumbered by private underground septic lines, any part of a private sewage disposal system, or any
private above-ground or below-ground septic related strucrure, or related easements.
C. The following areas shall be regarded as open s pace where such areas satisfy the criteria set forth in the above Section:
1. Public utility easements located outside of street right(s)-of-way such as drainage, access, sewer or water lines, or
other public purpose
2. Private cemeteries located on a tract prior to its develo pment
3. Areas used for growing crops
4. Agriculrural and horticultural uses, specifically excluding commercial livestock operations
5. Pas rureland for horses used solely for recreation purposes
6. Public or private recreational facilities including bu t not !muted to pla yg rounds, tenru s courts, ball field s, volle yball
court s, etc , wluch arc unprm:ed to the accepted natio nal o r lo cal sta nd ard s for size and ass ociated ameruti es
7. Neighborhood open space uses such as village greens, community gardens, and trails
8 . Golf or tennis club open to the public
D. The fo llowing areas shall not be regarded as o pen space and shall not be counted toward open space required by this
Section:
l. I sland s or internal planted areas required by other Sections of this Ordinance shall not be considered open space
for the purposes of this Section. For example, islands in parking lots shall not count towards required open
space.
E. Flexibility in Administration Authorized
1. The requirements set forth in this Section concerning the amount, size, location, and nature of open space to be
provided in connection with residential d evelopments are established by the Board of County Commissioners as
standards that presumptively will result in the provision of that amount of open space that is consistent with
generally recognized standards relating to the need for such areas. The Board recognizes, however, that due to
the particular nature of a tract of land, or the particular type or configuration of development proposed, or other
factors, the underlying objectives of this Section may be achieved even though the standards are not adhered to
with mathematical precision. Therefore, the Planning Board is authorized to permit minor devia tions from these
standards whenever it determines that:
a. The objectives underlying these standard s can be met without strict adherence to them; and
b. Because of peculiarities in the developer's tract of land or the particular type or configuration of the
development proposed, it would be unreasonable to require strict adherence to these standards.
2 . Whenever the Planning Board authorizes some deviation from the standards set forth in open space requirement,
the official record of action taken on the development application s hall contain a detailed statement of the
reasons for allowing the deviation.
Page 3 of 6
8.2 Design Standards for Open Space
A. All floodplains, streams, ponds, lakes , and other water bodies are encouraged to be contained in open space area.
B . All wetlands, and blue-line streams with a required vegetative, riparian buffer, shall be contained in open space areas,
unless platted prior to September 16, 2019 or mitigated via th e US Army Corps of Engineers permitting process.
C. For developments located entirely or partially within a Conservation Zoning District that surrounds a water feature
(wet or dry), a minimum of 50 percent (50 %) of tl1e depth of the District (meas ured perpendicularly from tl1e water
feature and located closest to the water feature) shall be dedicated to open space
D. This dedication of open space shall count towards any other open space requirements.
E. Prime Views & Open Vistas
Such area shall be defined as tl1e area between existing s treet right(s)-of-way and property line of proposed lots
for the new development.
1 . Developments located adjacent to Interstate and Principle Arterials shall provide a ~ 1-, 5 foot minimum of
prune views
2. Developments located adjacent to Minor Arterials and Major and Minor Collectors sha ll provide a -100 "''i foot
minimum of prime views.
3. Developments located adjacent to all other street types shall provide a ~ 50 foot minimum of prime views.
4. Required Streetscape Buffer shall be planted widiin the Prime Views & Open Vista area .
§. ,\chntt·rist:fe.tive Review of Alterfle.1¥,'e Pri:t~e Views & Opefl Viste.
),fl e.ppliee.flt ffiftj' submit to the Aclfllin:ist:fe.tor for review e.flcl e.pprove.l of e. detft:Hecl pie.fl ftfla speeil:iee.tiofls for
prime vie,.-s ftfla opefl vistfts of t1p to ft 2§ pereeflt (2§%) reduetiofl iH width of the reql:ltfed Mee.. lfl sueh ee.se , the
reql:ltfeffleflts of the Type A ftfla Type C guffer shftl! be fflet for supplefflefltfttiOfl ,vith-ia the pri-ffie views e.flcl
opefl viste.s ftree. ifl lieu of iflstftl!e.tion of the st:feetsee.pe euffer.
F. All open space area shall be permanently restricted from future subdivision and development unless specifically stated
here in.
G. Common open space areas s hall have a minimum of one (1) access easement to allow fo r utilization by all owners of
property within die subdivision. Access easements shall be a mininmm of 12 feet in \vidth and shall include an
id entification sign.
H. Parking for Improved Open Space Areas
All required parking areas shall , at a minimum, be development with six (6) inches of aggregate base course (A BC)
gravel and include parking stops. Shared parking s hall be permitted for differing type s of improved open space,
utilizing die greater number of spaces required .
1. Structures
\'v'here a s tructure is built, parking shall be provided in accordance with this Ordinance for the same type of
facility. Structures tl1at are not li sted in this Ordinance shall provide parking at a ratio of one (1) space per
200 square feet of covered area.
2. Athletic Fields
When an athletic field is developed, parking shall be provided at a ratio of half (1 /2) of what is required by
this Ordinance.
3. Pedes trian Trails & Other Improvements
Where a pedes trian trail or o ther improvements are made, parking s hall be provided at the trail head or main
entrance with a minimum o f five (5) parking spaces.
8.3 Ownership Options
One (1) of the following methods shall be utilized for ownership of open space.
A. Open space or any p ortion thereof may be dedicated to die Coun ty of Harnett for public use or any municipality
located within the jurisdiction of Harnett County. Any dedication shall be formall y accepted b y tl1 e County or
municipality to be valid. Nothing in this Ordinance in any way obligates the County or municipality to accept the
dedication of any property;
B. The common open s pace or any portion thereof may be retained, operated, and maintained by the developer and /or
Page 4 of 6
dev elopment owner if a lega l document is submitted to the County prior to the issuance of a building permit binding
in perpetuity the common open space to be used as such and to be maintained in an appropriate manner. If at any
future date the owner(s) of the common open space and its facilities wishes or is required to relinquis h control of such
facilities, the common open space shall be conv eyed as described above, dedicated to th e County for public use, or
sold with all operating requirements and legal obligations still binding. The common open space shall forever be part
of the development;
C. Condominium & Homeowners' Ass ociation;
A ll common facilities and open space areas may be controlled through the use of condominium agreements,
covenants, and/or homeowners' association b y-law s. Such agreements shall be in acc o rdance with relevant State
la w;
D. Non-profit conservation organization; or
E. Private ownership
Section 9.0 Buffers & Landscaping
9.3 Streetscape Buffer for Major Subdivisions
All s ubdivisions with more than six (6) lots that hav e lots of which abut State maintained right(s)-of-way shall be
required to adhere to the following streetscape buffer requirements for all l:e..s property that adjoins an existing state
maintained street, unless otherwise stated herein.
A-: Developments with lots that abut NCDOT matntatned roads a ffl1tjor thoroughfare shall be buffered with a minimum
30 foot buffer measured from the right-of-way.
B. DeHlopm.eats \Vi.th lots that settt ft:ll other £t11te m.siat!lffled streets shsY. ee ettffered ;v:tt:l.1 s ffiffl:tffittt~ 1 § foot e tiffer
m.eastt£ed from. the right of way.
9.3.1 S treetscape Buffer Tjpes
\ll buffer type s shall include a staggered ro\\ of large matunng trees and at least five (5) Im\ grow111g sh rub~ for
cve11 required large maniring tree as \\ell as one of the following screening techniques sh11Y. ee ttsed with:ifl. 11Y.
ettffers:
A. A row of evergreen conifers or broadleaf eve rg reen s placed n ot more than five (5) feet apart which would grow
to form a continuous hedge of at least si.x (6) feet in height within two (2) ye ars of planting s upplemented with
large maturing trees every W 30 feet ; or
B. A masonry wall located within the required buffer; such wall shall be a minimum height of six (6) feet (above
fini shed grade) and, if a block wall , it shall be painted o n all sides, supplemented with large maturing trees every
50 feet; or an opaque fence six (6) feet in height fini shed side of fence shall face out, and supplemented with
large manrring tree s every 50 feet; or
C. A berm, meeting the requirements of this Section.
9.3.2 M odification of Planting Tjpes
If it is demonstrate d that existing vegetation meets the intent of this sec tion, the subdivision administrator may
waive the requirements for the p lant material.
9.3.3 Ownership & Maintenance of Streetscape Bujjers
Page 5 of 6
The developer shall be completely responsible for the ins tallation and initial mainte nance of all required
streetscape buffers; until owne rship changes through o n e of the methods described below:
A. Ownership with a H omeowners' Association
In the situation where a Homeowners' Association (HOA) will be established for the proposed su bdiv ision
then the HOA shall be responsible for modificati ons, maintenance, removal, o r damage to the streetscape
buffer. Th.is requirement shall be clearly labeled on the preliminary and final plats for aU proposed
subdivisio n s. The developer shaU remain responsible for all ownership and maintenance of streetscape
buffers until the HOA has been completely established.
B. Ownership without a H omeowners' Association
In the situation where there is not going to be a Homeowners' Association (HOA) established for the
proposed subdivision, then the streetscape buffer s hall be left under control of the lot owner provided t hat
each lot that contains a streetscape buffer shaU have a deed recorded with a restriction t h at the streetscape
buffer remain undisturbed. Further, th e restriction shaU state that the land owner shall be responsible for
modifications, maintenance, removal, or damage to the streetscape buffer. Th.is requirement shall be clearly
labeled on the preliminary and fina l plats for all proposed subdivisions.
9.3.4 Uses Prohibited within the Streetscape Buffer.
The following uses shall be prohibited from being located within the streetscape buffer.
A. All Structures
B. Storage of equipment
C. Playground equipmen t and other similar structures
D. Driveways with the exception of main entrances to th e subdivisions
Additioanl Information:
At their March 2 nd meeting , the Harnett County Planning Board voted 4-0 to recommend
approval of this of the Text Amendment application based on compliance with NCDOT, and
overall compliance with the Land Use Plan.
Suggested Statement-of-Consistency: (Staff concludes that...)
The requested Te xt Amendment is compatible with Harnett County regulatory documents, as
well as NCDOT's, and the benefits outweigh any potential inconvenience or harm to the
community. Therefore, it is recommended that this Text Amendment request be APPROVED
Page 6 of 6
~~:-i Harnett
CO UNTY
NORTH CAROLINA www.harn ett.org
A RESOLUTION AMENDING THE
HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE
WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17, 2011 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 UDO 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 article of the UDO 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 Harnett County Unified Development Ord inance Article VII:
Development Design Guidelines, Section 2.1 Comprehensive Transportation Plan; Section 8.1 Open Space
General Provisions; Section 8.2 Design Standards for Open Space; Section 9.3 Streetscape Buffer for Major
Subdivisions, of the UDO shall be amended to read as indicated in "Attachment".
"Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board 's Office.
Duly adopted this 16th day of March 2020 and effective upon adoption.
HARNETT COUNTY BOARD OF COMMISSIONERS
Howard Penny, Jr., Chairman
ATTEST:
Margaret Regina Wheeler, Clerk to the Board
strong roots • new growth