Loading...
HomeMy WebLinkAboutMCO TA_CCapp Page 1 of 5 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: October 4, 2021 County Commissioners: October 18, 2021 Applicant Information Applicant: Name: Harnett County Development Services Address: 420 McKinney Pkwy City/State/Zip: Lillington NC, 27546 E-mail: Phone: 910-893-7525 Type of Change New Addition Revision Ordinance: Unified Development Ordinance Article: IV; XIV Section: 13.0, 6.0 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 Military Corridor Overlay. The purposes of the Fort Bragg Military overlay is to promote compatibility between military operations at Fort Bragg and the use and development of private property by ensuring that, as provided herein, Harnett County and Fort Bragg officials coordinate on land use activities impacting or impacted by military operations and training activities. These regulations apply only to that of property that located within a documented Military Influence Area. Nothing herein requires a change or alteration to land uses or structures existing on the effective date of this Ordinance. Suggested Statement-of-Consistency: (Staff concludes that…) Development Services staff recommends APPROVAL of this Text Amendment as it is compatible with Harnett County regulatory documents, NC General Statutes, and the 2020 Ft Bragg Joint Land Use Study. Therefore, it is recommended that this Text Amendment request be APPROVED. Page 2 of 5 Additional Information: At their October 4th meeting, the Harnett County Planning Board voted 4-0 to recommend approval of this of the Text Amendment based on compliance with NC General Statutes. One Planning Board member did think it might be a good idea to extend the noise zone for notification purposes. ATTACHMENT 1 Red Text is proposed Article IV. Zoning & Overlay Districts Section 13.0 Military Corridor Overlay District - MCO 13.1 Purpose The main purpose of this district is to ensure the compatibility between air and exercise operations associated with local military installations occurring at varying hours and land uses on properties nearby, in terms of potential interference with safe aircraft operations, potential threats from falling aircraft, potential impacts of noise, and potential adverse impacts of other military operations and practices, such as small arms and artillery training and exercises, and prescribed or controlled burning of forested land. Compatibility of land uses is encouraged within the five (5) mile area surrounding the local military installation to further the purpose of the installation, as well as to preserve the quality of life of surrounding property owners. Compatibility of surrounding land uses may encourage wildlife preservation and reduce potential interference of light pollution. Prescribed or controlled burning typically takes place on managed lands as a method of reducing the risk of catastrophic fires on those and adjacent lands. Potential adverse effects of controlled burning includes risk to smoke-sensitive individuals as well as reduced visibility on public right(s)-of-way. 13.2 District Dimensions The Military Corridor Overlay Zone shall be identified as including those properties located either fully or partially within five (5) miles of the jurisdictional boundary of a military base. 13.3 Permitted & Special Uses The permitted uses shall be the same as those in the underlying zoning districts. The Special Uses shall be the same as those in the underlying zoning districts. Reasonable regulations within applicable aircraft noise zones, imaginary surfaces, and active airspace, are limited to the height of man-made structures, incompatible uses of land, and incompatible development activities. In addition to the standards set forth in this Section, all uses and structures must comply with all other applicable local, State, and Federal regulations, including Title 14, Part 77 CFR [Code of Federal Regulations]. Further, state level coordination is required for, but may not me limited to: 1. Certain modifications to the zoning map or of permitted uses of land, if proposed within 5 miles of Fort Bragg (N.C.G.S. § 160D-601(b)); Page 3 of 5 2. Certain tall buildings and structures proposed within 5 miles of Fort Bragg (N.C.G.S. § 143- 151.70 et seq.); 3. Proposed Wind Energy Facilities that require approval by the N.C. Department of Environmental Quality. (N.C.G.S. § 143-215.115, et seq); To the extent there is a conflict between the terms of the RLUAC Coordination Agreement or this Ordinance and state law, state law shall prevail. 13.4 Required Review To ensure compliance with GS 160D-601(b), notification to the military installation, by way of the Regional Land Use Advisory Council (RULAC) coordination agreement, shall be made on any adoptions or modifications to this Ordinance that may change or affect the permitted uses of land located within five (5) miles of a military installation. In addition, notification shall be made to the military installation on any development projects, including but not limited to subdivisions, site plans, telecommunications towers, windmills, and Special Use Permits, located within the same distance. The military installation, via RULAC, shall be afforded the opportunity to provide comment or analysis on such adoptions, modifications, or developments regarding compatibility. Any comments provided prior to the public hearing or other applicable final review shall be considered by the Board of Commissioners or approving body in rendering a final determination. 13.5 Notification Procedures All plats for site plans and both residential and nonresidential subdivisions located within the Military Corridor Overlay Zoning District, including those for minor subdivisions and preliminary and final major subdivisions, shall include a statement indicating that such lots are located in the district. Further, the required statement shall indicate that homes within the overlay district may, from time to time, be subject to potential adverse effects of operations on the military installation. Article XIV. Definitions & Certifications Section 6.0 Military Corridor Overlay District – MCO The following terms have the following meanings for purposes of enforcing and interpreting Military Corridor Overlay Zone. AIRCRAFT NOISE ZONES Areas that may be affected by noise associated with current aircraft operations and training, as set forth in the ICUZ Study. Pope Army Airfield Aircraft Noise Zones are depicted on the Official Zoning Map. AIRPORT OBSTRUCTION OR INTERFERENCE Any structure, object, or use of land the Fort Bragg commanding general determines impedes operations at Fort Bragg, in any manner described below. 1. A Potential Incompatible Development, or its anticipated impacts, protrude above the planes or surfaces as contained in Title 14, Part 77 CFR [Code of Federal Regulations] or above the established floor elevation of the aviation training routes associated with Fort Bragg; Page 4 of 5 2. A Potential Incompatible Development, or its anticipated impacts, interfere with pilot vision, communication, radar, or otherwise interferes with the safe and effective operation of military aircraft: 3. Structures are proposed within 10 feet of approach/departure or transitional surfaces or within 10 feet of the established floor elevation of the aviation training routes associated with Fort Bragg; 4. The Potential Incompatible Development produces steam, dust, smoke, light emissions, glare, or other visual impairments; has explosive characteristics; or otherwise interferes with pilot vision or the operation of military aircraft; 5. The Potential Incompatible Development produces electrical emissions that interfere with navigation equipment or radio communication between aircraft, Fort Bragg, or other air traffic control facility; or 6. The Potential Incompatible Development attracts wildlife into a Department of Defense Airport Imaginary Surface, pursuant to 14 C.F.R. 77.21, or into an aviation training route, which the Fort Bragg commanding general determines may create a hazard to military operations. AIRSPACE PROTECTION AREA Lands within the zoning jurisdiction of Harnett County, situated beneath the Imaginary Surfaces associated with Pope Army Airfield or that are beneath or within one mile of Fort Bragg’s documented aviation corridors or aviation routes. The Airspace Protection Area is designated on the Official Zoning Map. FORT BRAGG COORDINATING OFFICIAL The Executive Director of the Regional Land Use Advisory Commission (RLUAC) who acts as a liaison with Harnett County for the purpose of coordination under the provisions of this Ordinance. The Fort Bragg Coordinating Official reviews and, as applicable, provides comments related to Potential Incompatible Development in Harnett County and as otherwise required by this Ordinance, the RLUAC Coordination Agreement, or state law. HARNETT COUNTY The Harnett County Board of Commissioners or an administrative designee of the Board of Commissioners. HARNETT COUNTY COORDINATING OFFICIAL: The Manager of Planning Services in the Harnett County Development Services Department Planning Division or the Manager of Planning Services in the Harnett County Development Services Department Planning Division designee. IMAGINARY SURFACES The Imaginary Surfaces associated with Pope Army Airfield, which include all of the land within the airspace depicted on the Official Zoning Map. INSTALLATION COMPATIBLE USE ZONE (ICUZ) STUDY The most recent ICUZ Study or Studies, which identifies the military impacts and Military Influence Areas associated with Fort Bragg and Camp Mackall and identifies types of development considered incompatible with these impacts. As of this Ordinance’s original adoption date, the most recent ICUZ Study for Fort Bragg and Camp Mackall was titled “Fort Bragg Installation Compatible Use Zone Study,” dated September 2017. MILITARY INFLUENCE AREAS Page 5 of 5 Those areas of land within the zoning jurisdiction of Harnett County that may experience the impacts of military training, including Aircraft Noise Zones, the Airspace Protection Area, and lands within 5 miles of the installations (for state-mandated coordination). RENEWABLE ENERGY FACILITY A facility, other than a hydroelectric power facility with a generation capacity of more than 10 megawatts, that either: 1. Generates electric power by the use of a renewable energy resource. 2. Generates useful, measurable combined heat and power derived from a renewable energy resource. 3. Is a solar thermal energy facility. RLUAC COORDINATION AGREEMENT A cooperative agreement, or agreements, between Harnett County, other local governments, and Fort Bragg. The RLUAC Coordination Agreement includes protocol for compliance with the requirements of this Ordinance and state law, as well as other cooperative efforts between the parties to the agreement, and may be amended from time to time. WIND ENERGY FACILITY A structure of any height that converts wind energy into electricity or other energy through the use of one or more turbines or other structures utilizing propeller blades.