HomeMy WebLinkAboutOpen SpaceTA_CCapp and attachment (2)
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TEXT 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.”
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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 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.
2.1.2 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.
2.1.2 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
8.1 General Provisions
A. The Board of Commissioners declares the purposes and intent of the open space regulations adopted and prescribed
in this Section to be as follows:
1. To provide adequate improved recreational open space areas and unimproved open space;
2. To provide prime views and open vistas, providing relief from an urban landscape;
3. To encourage the preservation of existing trees and vegetation;
4. To encourage the retention of environmentally sensitive areas, such as, steep slopes, bodies of water, streams,
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 historically or archeologically significant areas.
8. 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.
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B. For purposes of this document, usable open space means an area that:
1. Is not encumbered with any structure unless such structure 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. 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;
4. Is capable of being used and enjoyed for purposes of informal and unstructured 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 structure, or related easements.
C. The following areas shall be regarded as open space 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 development
3. Areas used for growing crops
4. Agricultural and horticultural uses, specifically excluding commercial livestock operations
5. Pastureland for horses used solely for recreation purposes
6. 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.
7. Neighborhood open space uses such as village greens, community gardens, and trails
8. Golf or tennis club open to the public
D. The following areas shall not be regarded as open space and shall not be counted toward open space required by this
Section:
1. 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.
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 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:
a. The objectives underlying these standards 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 shall contain a detailed statement of the
reasons for allowing the deviation.
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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 the 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 the depth of the District (measured perpendicularly from the 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 the area between existing street 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 200 175 foot minimum of
prime views
2. Developments located adjacent to Minor Arterials and Major and Minor Collectors shall provide a 100 75 foot
minimum of prime views.
3. Developments located adjacent to all other street types shall provide a 75 50 foot minimum of prime views.
4. Required Streetscape Buffer shall be planted within the Prime Views & Open Vista area.
5. Administrative Review of Alternative Prime Views & Open Vista
An applicant may submit to the Administrator for review and approval of a detailed plan and specifications for
prime views and open vistas of up to a 25 percent (25%) reduction in width of the required area. In such case, the
requirements of the Type A and Type C Buffer shall be met for supplementation within the prime views and
open vistas area in lieu of installation of the streetscape buffer.
F. All open space area shall be permanently restricted from future subdivision and development unless specifically stated
here in.
G. Common open space areas shall have a minimum of one (1) access easement to allow for utilization by all owners of
property within the subdivision. Access easements shall be a minimum of 12 feet in width and shall include an
identification 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 (ABC)
gravel and include parking stops. Shared parking shall be permitted for differing types of improved open space,
utilizing the greater number of spaces required.
1. Structures
Where a structure is built, parking shall be provided in accordance with this Ordinance for the same type of
facility. Structures that are not listed 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. Pedestrian Trails & Other Improvements
Where a pedestrian trail or other improvements are made, parking shall be provided at the trail head or main
entrance with a minimum of 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 portion thereof may be dedicated to the County of Harnett for public use or any municipality
located within the jurisdiction of Harnett County. Any dedication shall be formally accepted by the 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 space or any portion thereof may be retained, operated, and maintained by the developer and/or
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development owner if a legal 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 relinquish control of such
facilities, the common open space shall be conveyed as described above, dedicated to the 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’ Association; All common facilities and open space areas may be controlled through the use of condominium agreements, covenants, and/or homeowners’ association by-laws. Such agreements shall be in accordance with relevant State law;
D. Non-profit conservation organization; or
E. Private ownership
Section 9.0 Buffers & Landscaping
9.3 Streetscape Buffer for Major Subdivisions
All subdivisions with more than six (6) lots that have lots of which abut State maintained right(s)-of-way shall be
required to adhere to the following streetscape buffer requirements for all lots property that adjoins an existing state
maintained street, unless otherwise stated herein.
A. Developments with lots that abut NCDOT maintained roads a major thoroughfare shall be buffered with a minimum
30 foot buffer measured from the right-of-way.
B. Developments with lots that abut all other State maintained streets shall be buffered with a minimum 15 foot buffer
measured from the right-of-way.
9.3.1 Streetscape Buffer Types
All buffer types shall include a staggered row of large maturing trees and at least five (5) low growing shrubs for
every required large maturing tree as well as one of the following screening techniques shall be used within all
buffers:
A. A row of evergreen conifers or broadleaf evergreens placed not more than five (5) feet apart which would grow
to form a continuous hedge of at least six (6) feet in height within two (2) years of planting supplemented with
large maturing trees every 50 30 feet; or
B. A masonry wall located within the required buffer; such wall shall be a minimum height of six (6) feet (above
finished grade) and, if a block wall, it shall be painted on all sides, supplemented with large maturing trees every
50 feet; or an opaque fence six (6) feet in height finished side of fence shall face out, and supplemented with
large maturing trees every 50 feet; or
C. A berm, meeting the requirements of this Section.
9.3.2 Modification of Planting Types
If it is demonstrated that existing vegetation meets the intent of this section, the subdivision administrator may
waive the requirements for the plant material.
9.3.3 Ownership & Maintenance of Streetscape Buffers
The developer shall be completely responsible for the installation and initial maintenance of all required
streetscape buffers; until ownership changes through one of the methods described below:
A. Ownership with a Homeowners’ Association
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In the situation where a Homeowners’ Association (HOA) will be established for the proposed subdivision
then the HOA shall be responsible for modifications, maintenance, removal, or damage to the streetscape
buffer. This requirement shall be clearly labeled on the preliminary and final plats for all proposed
subdivisions. The developer shall remain responsible for all ownership and maintenance of streetscape
buffers until the HOA has been completely established.
B. Ownership without a Homeowners’ Association
In the situation where there is not going to be a Homeowners’ Association (HOA) established for the
proposed subdivision, then the streetscape buffer shall be left under control of the lot owner provided that
each lot that contains a streetscape buffer shall have a deed recorded with a restriction that the streetscape
buffer remain undisturbed. Further, the restriction shall state that the land owner shall be responsible for
modifications, maintenance, removal, or damage to the streetscape buffer. This requirement shall be clearly
labeled on the preliminary and final 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 equipment and other similar structures
D. Driveways with the exception of main entrances to the subdivisions
Additioanl Information:
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, and
overall compliance with the Land Use Plan.
Suggested Statement-of-Consistency: (Staff concludes that…)
The requested Text 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