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HomeMy WebLinkAbout04/14/06 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 Kay S. 61 anchard Clerk To The Board airman n y ATTEST: t �h t(4 t-� � L � • 4� Ka...,r'a l c A .: Kay S. 61 anchard Clerk To The Board