HomeMy WebLinkAboutOpen SpaceTA_PBappTEXT AMENDMENT REQUEST FORM (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
New Addition Revision
Ordinance:
Unified Development
Ordinance
Article:
VII
Section:
2.1, 8.1, 8.2,9.3
Current Text:
See attached
Proposed Text: (Attach additional sheets if necessary)
See attached
Reason for Requested Change:
To amend Harnett County’s U.D.O. where it pertains to bicycle & pedestrian facilities, active/ usable open space, and buffering.
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.”
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
Comprehensive Transportation Plan
Purpose & Applicability
The Harnett County Comprehensive Plan (CTP) is an officially adopted plan addressing long range transportation needs regarding land use and development within Harnett County. It 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.
Required Improvements
All such development located adjacent to a corridor that is included in the County’s adopted Comprehensive Transportation Plan, or any other officially adopted Plan, shall comply with
the prescribed improvements as indicated within said Plan.
2.1.3 Measurement of Land Area for Future Right-of-Way
All such development located adjacent to a corridor identified by the CTP for future widening shall include building setbacks measured from the future right(s)-of-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 by 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 of right(s)-of-way or centerline alignment, whichever is applicable.
Section 8.0 Open Space
General Provisions
The Board of Commissioners declares the purposes and intent of the open space regulations adopted and prescribed in this Section to be as follows:
To provide adequate improved recreational open space areas and unimproved open space;
To provide prime views and open vistas, providing relief from an urban landscape;
To encourage the preservation of existing trees and vegetation;
To encourage the retention of environmentally sensitive areas, such as, steep slopes, bodies of water, streams, wetlands and land adjoining the Cape Fear River;
To encourage the protection of air and water quality;
To enhance flood control; and
To provide protection for historically or archeologically significant areas.
A minimum of 10 percent (10%) of the total open space provided in residential developments shall include improved open space area(s) as defined by this Ordinance. The improved open space
area shall be proportionate to the entire development and, if applicable, each phase shall include an area of improved open space. In no case shall an open space area be less than
the smallest lot within the phase in which the open space is located.
For purposes of this document, usable open space means an area that:
Is not encumbered with any structure unless such structure is intended for recreational open space purposes;
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;
Is left in its natural or undisturbed 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 facilities, or is properly vegetated and landscaped with the objective of creating a wooded
area or other area that is consistent with the objective set forth in;
Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation;
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
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 structure, or related
easements.
The following areas shall be regarded as open space where such areas satisfy the criteria set forth in the above Section:
Public utility easements located outside of street right(s)-of-way such as drainage, access, sewer or water lines, or other public purpose
Private cemeteries located on a tract prior to its development
Areas used for growing crops
Agricultural and horticultural uses, specifically excluding commercial livestock operations
Pastureland for horses used solely for recreation purposes
Public or private recreational facilities including but not limited to playgrounds, tennis courts, ball fields, volleyball courts, etc., which are improved to the accepted national or
local standards for size and associated amenities.
Neighborhood open space uses such as village greens, community gardens, and trails
Golf or tennis club open to the public
The following areas shall not be regarded as open space and shall not be counted toward open space required by this Section:
Islands 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.
Flexibility in Administration Authorized
The requirements set forth in this Section concerning the amount, size, location, and nature of open space to be provided in connection with residential developments 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 deviations from these standards whenever it determines that:
The objectives underlying these standards can be met without strict adherence to them; and
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.
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 shall
contain a detailed statement of the reasons for allowing the deviation.
Design Standards for Open Space
All floodplains, streams, ponds, lakes, and other water bodies are encouraged to be contained in open space area.
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 the
US Army Corps of Engineers permitting process.