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HomeMy WebLinkAboutSEPTEMBER PB MEETING PACKET_9.6.22 1 HARNETT COUNTY PLANNING BOARD Tuesday September 6, 2022 6:00 p.m. Harnett County Development Services 420 McKinney Parkway, Lillington, NC 27546 PUBLIC HEARING 1. Call to order and welcome – Chairman Kathy Wood 2. Invocation & Pledge of Allegiance 3. Approval of Minutes 4. Planning Board Review: Case # PLAN 2207-0005 Landowner/Applicant: Richard W. Gregory; 23.43 +/- acres (4 proposed new lots); Out of Pin # 0672-30-1069.000; Neill’s Creek Township; Intersection of SR # 1510 (Matthews Mill Pond Road). The applicant requests an exception from the Minor Subdivision ‘three year rule’. The owner assumed that because the property was in a separate deed and separate PIN number that the three-year rule did not apply. The owner wants to further subdivide the remainder of the parent parcel. These new lots will be approximately 1.0 acres +/- each. Article III, Sect 8.2.1 D of the Harnett County Unified Development Ordinance. 5. Proposed Zoning Change: Case # PLAN2207-0002 Landowner / Applicant: Linda Ennis Kimbrough / Rhetson Companies, Inc.; 6.54 +/- acres; Pin 1529-09-0967.000; From RA-30 to Commercial Zoning District; Intersection of NC Hwy 27 E & SR # 1581 (Baileys XRDS Road); Grove Township. 6. Proposed Zoning Change: Case # PLAN2207-0004 Landowner / Applicant: Johnny Faircloth; 4.59 +/- acres (consisting of three parcels); Pin # 9575-25-2300.000, 9575-25-1192.000, 9575-24-3974.000; From Commercial to RA-20R Zoning District; NC Hwy 24; Johnsonville Township. 7. Land Use Plan Amendment: Case # PLAN2207-0001 Land Owner/ Applicant: G & J Development, LLC/Don Curry, Curry Engineering; PIN #’s 0662-68-5452.000, 0662-68-6638.000 & 0662-68-0457.000; 26.0 +/- acres. The applicant requests a Land Use Map Amendment from Low Density Residential to Medium Density Residential; Black River Township; NC 210 North & SR # 1438 (North Harnett School Road). 8. Proposed Text Amendment: Case # PLAN2207-0003 Applicant: Harnett County Development Services; Harnett County Unified Development Ordinance; Article IV, Section 12.0 “Hwy Corridor Overlay District. An amendment to the Harnett County’s U.D.O is requested in order to establish the “Ed-Med” Highway Corridor Overlay District within Article IV, Section 12.0 Highway Corridor Overlay District. 10. Planning Board Amended By-Laws Adoption 11. Other Business 12. Adjourn Harnett County Planning Board September 6, 2022 Staff Contact: Jay Sikes, Mgr of Planning Services (910) 893-7525 or jsikes@harnett.org Case Number: PLAN2207-0005 SITE INFORMATION Owner: Richard W. Gregory Applicant: Richard W. Gregory Location: 3386 Matthews Rd (SR 1510) PIN #: 0672-30-1069 Township: Neill’s Creek Total Acres: approx. 23.4 # of Proposed New Lots: 4 Zoning: RA-30 & Conservation MAP REQUEST & DEVELOPMENT BACKGROUND  The applicant requests an exception from the Minor Subdivision ‘three year rule’. In July 2021, one lot was created on property across the street. Now, the owner wishes to create 4 new lots on the opposite side of Matthews Rd. This division will leave a residual tract that could further be developed. However, these new lots will max out the Minor subdivision process for this entire tract, and future development would have to wait 3 full years or follow the Major Subdivision process.  Article III, Sect 8.2.1 D of the Harnett County Unified Development Ordinance: “This procedure may not be used a second time within three (3) years on any property less than 1,500 feet from the original property boundaries by anyone who owned, had an option on, or held any legal interest in the original subdivision at the time the subdivision received preliminary or final plat approval or by any subsequent owner, individual having an option on, or individual Previously subdivided lot New area to be subdivided having any legal interest in the original subdivision at the time the subdivision received preliminary or final plat approval. However, the Planning Director or Designee may at any time refer the application to the Harnett County Planning Board for consideration to allow a second minor subdivision to occur within the allotted three (3) years if deemed necessary and appropriate. Subsequent to Planning Board approval, the application shall then be reviewed in accordance with the major subdivision review and approval process by the Development Review Board. In no case shall utilization of this process allow for the number of new lots created, combined with the number of lots created by the initial minor subdivision exceed the maximum number of lots permitted by the minor subdivision process. No other requirements set forth by the minor subdivision process shall be circumvented. STAFF REPORT Page 1 of 6 REZONING STAFF REPORT Case: PLAN 2207-0002 Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: September 6, 2022 County Commissioners: September 19, 2022 Requesting a Rezoning from RA-30 to Commercial Applicant Information Owner of Record: Applicant: Name: Linda Ennis Kimbrough Name: Rheston Companies, Inc Address: 707-C Daniels St Address: 2075 Juniper Lake Rd City/State/Zip: Raleigh, NC 27605 City/State/Zip: West End, NC 27376 Property Description PIN(s): 1529-09-0967.000 Acreage: 6.54 Address/SR No.: 2125 Baileys Crossroads Rd. Coats, NC 27521 Township: (09) Johnsonville (10) Lillington (11) Neill’s Creek (12) Stewart’s Creek (13) Upper Little River (01) Anderson Creek (02) Averasboro (03) Barbecue (04) Black River (05) Buckhorn (06) Duke (07) Grove (08) Hectors Creek Vicinity Map STAFF REPORT Page 2 of 6 Physical Characteristics Site Description: The site is currently vacant. Per the application, the intent is to build a convenience/ retail type store. Surrounding Land Uses: Surrounding land uses consist of single-family residences, agricultural land, a convenience store (Benson’s jurisdiction), and two churches. Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Daily Traffic Count: approx. 6,700 for this section of NC 27 E, and 1,500 for this section of Bailey Crossroads Rd. Site Distances: Good STAFF REPORT Page 3 of 6 Zoning District Compatibility The following is a summary list of potential uses. For actual permitted uses please refer to the UDO’s Table of Uses. CURRENT REQUESTED RA-30 Commercial Parks & Rec X Natural Preserves X X Bona Fide Farms X Single Family X Manufactured Homes, Design Regulated X Manufactured Homes Multi-Family Institutional Commercial Services X Retail X Wholesale X Industrial Manufacturing Land Use Classification Compatibility ZONING LAND USE Commercial AG Parks & Rec X Natural Preserves X Bona Fide Farms X Single Family X Manufactured Homes, Design Regulated Manufactured Homes Multi-Family Institutional X X Commercial Service X Retail X Wholesale Industrial Manufacturing _ STAFF REPORT Page 4 of 6 Site Photographs Site, NC 27 view towards Coats, 4 way stop sign at Red Hill Church Rd Site, Bailey’s Crossroads Rd towards NC 27; future location of cul-de-sac. Site, NC 27 view towards Benson Site, Bailey’s Crossroads Rd away from NC 27; 4 way stop sign at Red Hill Church Rd; future location of cul-de-sac. STAFF REPORT Page 5 of 6 Evaluation Yes No The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The requested rezoning to Commercial would not have an unresasonable impact on the community due to existing the neighborhood/ convenience uses that exist as well as the services that could be provided in the future. Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning district is not fully compatible with the existing land use classification of Agricultural & Rural Residential. However, this site is along NC 27 and in close proximity of the Town of Benson. During the next Land Use Plan update, staff recommends that at least a Rural Development Node be created around this intersection to include this parcel. (see picture below) Per G.S. 160D-605(a). A rezoning inconsistent with a plan does not amend the text of the plan, but it does amend the future land use map. Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning would enhance or maintain the public health, safety and general welfare due to the existing transportation, as well as the potential site improvements that could take place. Also, NCDOT has plans to realign this intersection which could alleviate any traffic flow concerns that may be created from a commercial use. Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Since the proposed zoning district is not contiguous to Commercial this application needs to be evaluated for Small Scale Rezoning. STAFF REPORT Page 6 of 6 Suggested Statement-of-Consistency (Staff concludes that…) As stated within the evaluation, the requested rezoning to Commercial is not compatible with all Harnett County regulatory documents. However, since this site is along NC 27 and in close proximity of the Town of Benson, if approved a Land Use map amendment is proposed to ensure compliance. Further, if rezoned to Commercial it would enhance the public health, safety, & general welfare to the community due to existing the neighborhood/ convenience uses that exist as well as the services and improvements that could be provided in the future. Therefore, it is recommended that this rezoning request be Approved. Small Scale Rezoning Standards of Review Small scale zoning is permissible in North Carolina if it is reasonable. The courts have set out the following four factors to be used in a case-by-case analysis to determine if a particular zoning is reasonable. RESONABLENESS FINDINGS OF FACT Yes No A. SIZE OF THE TRACT The overall size of the tract of land proposed for rezoning is reasonable when compared to the size of the zoning district in which the subject property is located. Yes No B. COMPATIBILITY WITH A COMPREHENSIVE PLAN The proposed rezoning is consistent with any comprehensive plan, plan or elements thereof. Yes No C. IMPACT The impact to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. Yes No D. COMPARISON OF USES The allowed uses within the proposed zoning district are similar or comparable to uses permitted as currently zoned. It is at the discretion of the Board to carefully analyze the above criteria to determine if the proposed zoning change would be considered reasonable. GRANTING A SMALL SCALE REZONING Motion to grant the small scale rezoning upon finding that the request is reasonable considering one or more of the above findings of fact A-D being found in the affirmative DENYING A SMALL SCALE REZONING Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest and is unreasonable due to the following: The size of the tract Incompatibility with the comprehensive plan Impact to surrounding community and immediate neighbors Proposes uses are extremely dissimilar to those currently permitted RETAINRETAINRETAINRETAINREMOVERETAINSEE DETAIL ASPECIAL LATERAL V DITCHSEE DETAIL ASPECIAL LATERAL V DITCHSlopeFillNOTE: SEE SHT 5 FOR PROFILENOTE: SEE SHTS X-1 TO X-4 FOR X-SECTIONSAND SR 1581 BAILEY'S CROSSROADS AND SR 1703. (NOT SHOWN).NOTE: ALL-WAY STOPS AT NC-27 & SR 1703 RED HILL CHURCH29-DEC-2021 09:56S:\DDC\DDC\Projects\W-5806D NC 27 at Fairground Rd_Harnett\Roadway\proj\W-5806D_Rdy_psh4.dgn$$$$USERNAME$$$$HYDRAULICSROADWAY DESIGNENGINEERENGINEER R/W SHEET NO.5/14/99 SHEET NO.PROJECT REFERENCE NO.04 W-5806D DOCUMENT NOT CONSIDERED FINALUNLESS ALL SIGNATURES COMPLETED+20.00 -Y1-50.00'EXIST.+72.00 -Y1-EXIST.46.00'EXIST.+20.00 -Y1-46.00'EXIST.+00.00 -Y1-645T HH C T INV=264.04'INV=265.41'INV=264.53'INV=258.68'INV=259.91'24" RCP 18" R C P 18" RCP15" RCP15" RCPS 84°34'40" E 150.17' T C T T S 84°37'15" E 208.37'N 03°43'11" ES 89°39'39" W209.26'N 03°57'42" E107.15'S 00°47'28" W197.32'N 00°47'54" E192.02'S 88°24'15" E 41.55' S 88°24'15" E 115.34' S 88°30'05" E 149.73'S 08°50'45" W222.11'N 60°24'56" E 10 7.73' N 40°42'24" E 254.20'N 53°56'35" W171.92' S 40°22'25" W 253.97' N 40°07'35" E 100.58'N 23°39'12" W340.95'S 87°59'56" W 242.71'S 07°13'37" E88.86'S 46°32'35" E19.31'N 76°31'34" E 48.11'S 13°28'26" E45.94'S 84°59'46" W 175.16' 0.50 TO EIP 0. 8 1 T O E IP1.34' T O EIP 1.03' T O EIP N 87°52'15" W157.42' 0.30' to R/W1SFD1SFD1SFD1SFDSHEDCONCPOOL13' SOIL 15" RCP13' SOIL11' SOIL 13' SOIL 16' CONCEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/W1.29' TO EIPN 40°15'24" E 356.17'N 00°32'54" E119.48'15" CMP15" RCP15" HDPE15" RCP15" RCP15" RCP12' SOI L12' SOIL 11' S OIL10' SOIL10' SOIL 12' S OIL D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.25' BSTNC HWY 27TO BENSONNC HWY 2724' BSTTO COATS23' BSTBAILEYS CROSSROADS ROAD (SR 1551)TO RED HILL CHURCH ROAD (SR1168)FAIRGROUNDS ROAD (SR 1705)23' BSTTO TILGHMAN ROAD (SR 1704)100.00' 100.00'60.00'BL-1BL-2265.28'INV=ELEV= 265.28'25' RTBL STA 26+16.00 BM1EDGAR & MILDRED W NORRISDB 949 PG 810JOHN ALVIS ENNIS JRDB 3115 PG 176PC C PG 183-CDKY PROPERTIES LLCDB 3656 PG 846PB 2001 PG 1166DKY PROPERTIES LLCDB 3656 PG 846PB 2001 PG 1166JAMES HERRING DB 2617 PG 996PB 2005 PG 347WHITTINGTON CLAUDIA NORRIS DB 713 PG 897PB 2005 PG 347 LISA WHITTINGTONWILLIAM CHRISTOPHER &DB 3463 PG 750PB 2005 PG 347JOHN ALVIS ENNIS JRDB 3115 PG 176PC C PG 183-CM M HODGESDB 1034 PG 39 CHADLEY & JAMIE BEASLEY HUGHES DB 3319 PG 717PB 2015 PG 88LINWOOD CARROLL THORTON IIDB 1124 PG 450PC C PG 183-CGEORGE W & JEAN MOORE PC F PG 410-CGEORGE WILLIAM MOORE JRDB 1096 PG 207PC F PG 410-CLINDA ENNIS KIMBROUGH DB E PG 300PC C PG 183-C1SFDSHED1SFDEIPEIPEIPEIPEIPEIPEIPEIPWELL15" RCP-IV 04032 4" R CP-I VGRADE TO DRAIN 401402CL B RIP RAPGRADE TO DRAIN ( Not to Scale)SPECIAL LATERAL 'V' DITCH3:1DFROM -Y2- STA. 12+75 TO STA. 14+32 RT.FROM -L- STA. 9+39 TO STA. 11+00 RT.Min. D= VAR.DETAIL AGroundNaturalFlatter4:1 or NAD 83/ 2011R=50'R=50'NOITISNART '0500.04+ .TSIXE '42 '42 '0 3 NOITISNART '05.02.06.06 .05 .0 4 .03-Y2- POT Sta. 14+80.71=-L- POC Sta. 9+00.00-L- POT Sta. 5+00.00PI Sta 13+95.51DL = 109.58'T = 57.37'R = 150.00'PI Sta 11+71.64DL = 338.14'T = 171.64'R = 800.00'-Y1- POT Sta. 14+25.00=-L- POT Sta. 8+16.38-Y2- PRC Sta. 13+38.14-Y1- POT Sta. 10+00.00-L- PT Sta. 12+53.15-L- POT Sta. 13+00.00-L--Y2--Y2-BEGIN STATE PROJECT W-5806D-L- STA 7+30.00-L- STA 9+75.00END STATE PROJECT W-5806D-Y2- STA 12+50.00BEGIN CONSTRUCTION-Y1- STA 12+27.18BARRICADEINSTALL GUARDRAIL R=50'-Y2- PC Sta. 10+00.0010+00 10+0010+00-Y2- PT Sta. 14+47.73-L- PC Sta. 8+78.045+00END CONSTRUCTION-L- STA 11+00.00BEGIN OVERLAYBEGIN CONSTRUCTION-Y2- STA 13+00.00PI Sta 10+65.64DL = 375.10'T = 187.60'R = 7,000.00'BEGIN OVERLAYEND OVERLAYBEGIN GRADEEND OVERLAY-Y1- STA 12+27.18END CONSTRUCTION RETAINRETAINRETAINRETAINREMOVERETAINSEE DETAIL ASPECIAL LATERAL V DITCHSEE DETAIL ASPECIAL LATERAL V DITCHSlopeFillNOTE: SEE SHT 5 FOR PROFILENOTE: SEE SHTS X-1 TO X-4 FOR X-SECTIONSAND SR 1581 BAILEY'S CROSSROADS AND SR 1703. (NOT SHOWN).NOTE: ALL-WAY STOPS AT NC-27 & SR 1703 RED HILL CHURCH29-DEC-2021 09:56S:\DDC\DDC\Projects\W-5806D NC 27 at Fairground Rd_Harnett\Roadway\proj\W-5806D_Rdy_psh4.dgn$$$$USERNAME$$$$HYDRAULICSROADWAY DESIGNENGINEERENGINEER R/W SHEET NO.5/14/99 SHEET NO.PROJECT REFERENCE NO.04 W-5806D DOCUMENT NOT CONSIDERED FINALUNLESS ALL SIGNATURES COMPLETED+20.00 -Y1-50.00'EXIST.+72.00 -Y1-EXIST.46.00'EXIST.+20.00 -Y1-46.00'EXIST.+00.00 -Y1-645T HH C T INV=264.04'INV=265.41'INV=264.53'INV=258.68'INV=259.91'24" RCP 18" R C P 18" RCP15" RCP15" RCPS 84°34'40" E 150.17' T C T T S 84°37'15" E 208.37'N 03°43'11" ES 89°39'39" W209.26'N 03°57'42" E107.15'S 00°47'28" W197.32'N 00°47'54" E192.02'S 88°24'15" E 41.55' S 88°24'15" E 115.34' S 88°30'05" E 149.73'S 08°50'45" W222.11'N 60°24'56" E 10 7.73' N 40°42'24" E 254.20'N 53°56'35" W171.92' S 40°22'25" W 253.97' N 40°07'35" E 100.58'N 23°39'12" W340.95'S 87°59'56" W 242.71'S 07°13'37" E88.86'S 46°32'35" E19.31'N 76°31'34" E 48.11'S 13°28'26" E45.94'S 84°59'46" W 175.16' 0.50 TO EIP 0. 8 1 T O E IP1.34' T O EIP 1.03' T O EIP N 87°52'15" W157.42' 0.30' to R/W1SFD1SFD1SFD1SFDSHEDCONCPOOL13' SOIL 15" RCP13' SOIL11' SOIL 13' SOIL 16' CONCEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/W1.29' TO EIPN 40°15'24" E 356.17'N 00°32'54" E119.48'15" CMP15" RCP15" HDPE15" RCP15" RCP15" RCP12' SOI L12' SOIL 11' S OIL10' SOIL10' SOIL 12' S OIL D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.25' BSTNC HWY 27TO BENSONNC HWY 2724' BSTTO COATS23' BSTBAILEYS CROSSROADS ROAD (SR 1551)TO RED HILL CHURCH ROAD (SR1168)FAIRGROUNDS ROAD (SR 1705)23' BSTTO TILGHMAN ROAD (SR 1704)100.00' 100.00'60.00'BL-1BL-2265.28'INV=ELEV= 265.28'25' RTBL STA 26+16.00 BM1EDGAR & MILDRED W NORRISDB 949 PG 810JOHN ALVIS ENNIS JRDB 3115 PG 176PC C PG 183-CDKY PROPERTIES LLCDB 3656 PG 846PB 2001 PG 1166DKY PROPERTIES LLCDB 3656 PG 846PB 2001 PG 1166JAMES HERRING DB 2617 PG 996PB 2005 PG 347WHITTINGTON CLAUDIA NORRIS DB 713 PG 897PB 2005 PG 347 LISA WHITTINGTONWILLIAM CHRISTOPHER &DB 3463 PG 750PB 2005 PG 347JOHN ALVIS ENNIS JRDB 3115 PG 176PC C PG 183-CM M HODGESDB 1034 PG 39 CHADLEY & JAMIE BEASLEY HUGHES DB 3319 PG 717PB 2015 PG 88LINWOOD CARROLL THORTON IIDB 1124 PG 450PC C PG 183-CGEORGE W & JEAN MOORE PC F PG 410-CGEORGE WILLIAM MOORE JRDB 1096 PG 207PC F PG 410-CLINDA ENNIS KIMBROUGH DB E PG 300PC C PG 183-C1SFDSHED1SFDEIPEIPEIPEIPEIPEIPEIPEIPWELL15" RCP-IV 04032 4" R CP-I VGRADE TO DRAIN 401402CL B RIP RAPGRADE TO DRAIN ( Not to Scale)SPECIAL LATERAL 'V' DITCH3:1DFROM -Y2- STA. 12+75 TO STA. 14+32 RT.FROM -L- STA. 9+39 TO STA. 11+00 RT.Min. D= VAR.DETAIL AGroundNaturalFlatter4:1 or NAD 83/ 2011R=50'R=50'NOITISNART '0500.04+ .TSIXE '42 '42 '0 3 NOITISNART '05.02.06.06 .05 .0 4 .03-Y2- POT Sta. 14+80.71=-L- POC Sta. 9+00.00-L- POT Sta. 5+00.00PI Sta 13+95.51DL = 109.58'T = 57.37'R = 150.00'PI Sta 11+71.64DL = 338.14'T = 171.64'R = 800.00'-Y1- POT Sta. 14+25.00=-L- POT Sta. 8+16.38-Y2- PRC Sta. 13+38.14-Y1- POT Sta. 10+00.00-L- PT Sta. 12+53.15-L- POT Sta. 13+00.00-L--Y2--Y2-BEGIN STATE PROJECT W-5806D-L- STA 7+30.00-L- STA 9+75.00END STATE PROJECT W-5806D-Y2- STA 12+50.00BEGIN CONSTRUCTION-Y1- STA 12+27.18BARRICADEINSTALL GUARDRAIL R=50'-Y2- PC Sta. 10+00.0010+00 10+0010+00-Y2- PT Sta. 14+47.73-L- PC Sta. 8+78.045+00END CONSTRUCTION-L- STA 11+00.00BEGIN OVERLAYBEGIN CONSTRUCTION-Y2- STA 13+00.00PI Sta 10+65.64DL = 375.10'T = 187.60'R = 7,000.00'BEGIN OVERLAYEND OVERLAYBEGIN GRADEEND OVERLAY-Y1- STA 12+27.18END CONSTRUCTION STAFF REPORT Page 1 of 5 REZONING STAFF REPORT Case: PLAN 2207-0004 Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: September 6, 2022 County Commissioners: September 19, 2022 Requesting a Rezoning from Commercial to RA-20R Applicant Information Owner of Record: Applicant: Name: Johnny Ray Faircloth Name: SAME AS OWNER Address: 5272 Cool Springs Road Address: City/State/Zip: Broadway, NC 27505 City/State/Zip: Property Description PIN(s): 9575-25-2300.000, 9575-25-1192.000, 9575-24-3974.000 Acreage: +/- 4.59 Address/SR No.: 16 and 36 Red Bird Dr, and lot #34 (Natures Crossroads subdivision) Township: (09) Johnsonville (10) Lillington (11) Neill’s Creek (12) Stewart’s Creek (13) Upper Little River (01) Anderson Creek (02) Averasboro (03) Barbecue (04) Black River (05) Buckhorn (06) Duke (07) Grove (08) Hectors Creek Vicinity Map STAFF REPORT Page 2 of 5 Physical Characteristics Site Description: The properties are currently vacant and undeveloped. Background info: •January 2012 a portion of this property was rezoned to Commercial (~1.5 ac on east corner of Red Bird & NC 24) •May 2015, staff & Planning Board recommended denial of a proposed rezoning application to rezone Commercial however, the County Commissioners tabled to their decision to give the applicant time to reconsider the proposal. •May 2016, a revised application was resubmitted to the Planning Board. The Planning Board tabled the request as the applicant wished to revise the proposal based on citizen comments. •June 2016 staff and Planning Board recommended approval and Commissioners approved the application. Surrounding Land Uses: Surrounding land uses consist of single-family residences and a few non- residential uses, including vacant commercial structures and churches. Existing Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Daily Traffic Count: approx. 9,200 for this section of NC HWY 24 Site Distances: Good STAFF REPORT Page 3 of 5 Zoning District Compatibility The following is a summary list of potential uses. For actual permitted uses please refer to the UDO’s Table of Uses. CURRENT REQUESTED Commercial RA-20R Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X Manufactured Homes, Design Regulated Manufactured Homes X Multi-Family X Institutional X Commercial Services X Retail X Wholesale Industrial Manufacturing Land Use Classification Compatibility ZONING LAND USE RA-20R A&RR Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X X Manufactured Homes, Design Regulated Manufactured Homes X X Multi-Family Institutional X X Commercial Service Retail Wholesale Industrial Manufacturing STAFF REPORT Page 4 of 5 Site Photographs Site Site Site NC 27 & Red Bird intersection STAFF REPORT Page 5 of 5 Evaluation Yes No The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The requested zoning change to RA-20R will not have a negative impact on the surrounding properties or the community as it is the same zoning district that existed when the residential development occurred. Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning is compatible with the existing Land Use classification of Agricultural & Rural Residential. This designation is intended for low intensity uses, such as low-density residential development. Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested rezoning to RA-20R would enhance or maintain the public health, safety, and general welfare due to the neighboring residentially zoned parcels, as well as the original intended use of most of these parcels. Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Since the proposed zoning district exists on contiguous properties, this application does not need to be evaluated for Small Scale Rezoning. Suggested Statement-of-Consistency (Staff concludes that…) As stated in the evaluation, the requested rezoning to RA-20R is compatible with Harnett County Land Use Plan and would not have an unreasonable impact on the surrounding community based on the originally intended and existing residential in the area. Therefore, it is recommended that this rezoning request be APPROVED. 20553 SF20463 SF20051 SF20199 SF31191 SF20049 SF6314252826118 8.5 2'19.36'A=83.37'1 9 5 .6 2 'A=64.11'58.82'69.41'218.6 7 '126.88'102.95'233.82'A=26.37'MINIMUM BUILDING SET BACKSMAXIMUM HEIGHT ------- 35'SIDE YARD -------- 10'FRONT YARD -------- 35'CORNER LOT SIDE YARD -- 20'REAR YARD -------- 25'N 00°41'06"E154.22'S 89°41'12"EN 83°43'14"W3.03'N 01°38'05"E46.94'N 89°49'08"W206.23'N 26°46'33"E36.77'N 46°02'23"E32.18'N 80°33'02"W69.58'A=122.3 0 'R=50.00'S 30°03'02"W85.87'S 41°00'00"W24.39'N 51°5 6'56"W 57.25'S 29°47'20"W41.08'S 43°58'35"W120.28'A=29 4.29'R =1454.26'S 31°10'03"W69.56'35.24' N 45°29'57"EC-2 25.00'NIS37.25'EIPEIP33.90'EIPN 88°43'54"E39.11'S54°22'29"E293.78'CB&DC B&D N 2 3 °42'40 "W 94.01'C-1C-2CURVE RADIUS LENGTH CHORD CH.BEARINGNISNISNISNISNISC-1 25.00'LEGENDLINES SURVEYEDEIP------EXISTING IRON PIPEECM------EXISTING CONCRETE MONUMENTPKNS------P.K.NAIL SETELS------EXISTING LIGHTWOOD STAKEEIS------EXISTING IRON STAKENMN------NEW MAGNETIC NAILERRS------EXISTING RAILROAD SPIKEEMN------EXISTING MAGNETIC NAILECS------EXISTING COTTON SPINDLENRRS------NEW RAILROAD SPIKEECM/PKN/ECS (CONTROL CORNERS)NCS------NEW COTTON SPINDLEEPKN------EXISTING P.K.NAILEIP/EIS---(CONTROL CORNERS)LINES NOT SURVEYED--------------CB&D--CHORD BEARING AND DISTANCED.E.---DRAINAGE EASEMENTEX.-----EXISTINGAC.--- ACRESNIP--NEW IRON PIPENIS--NEW IRON STAKEC/L--CENTER LINECP--CALCULATED POINTN/F--NOW OR FORMALLYR/W--RIGHT OF WAYEX.FENCEXXXXXXXXXXXXXXXXXXXXXXXXXX X X X OVE R H E A D P O W ER N.C .24XXXXXXX X X X X X X X X X X X X X X HAL OWEN & ASSOCIATES, INC. SOIL & ENVIRONMENTAL SCIENTISTS P.O. Box 400, Lillington NC 27546-0400 Phone (910) 893-8743 / Fax (910) 893-3594 www.halowensoil.com Soil Science Investigations  Wetland Delineations, Permitting, and Consulting 12 August 2022 Johnny Faircloth 5272 Cool Springs Road Broadway, NC 27505 Reference: Preliminary Soil Investigation- 6 Lot Minor Subdivision NC HWY 24; PIN 9575-24-3974.000; 9575-24-4715.000 Dear Mr. Faircloth, A soil investigation has been conducted at the above referenced properties, located on the southern side of Red Bird Drive in Harnett County, North Carolina. The purpose of the investigation was to determine the ability of each lot to support a subsurface sewage waste disposal system and repair area for a typical three-bedroom home. It is our understanding that individual septic systems and public water supplies will be utilized at this site. All soil ratings and determinations were made in accordance with "Laws and Rules for Sewage Treatment and Disposal Systems, 15A NCAC 18A .1900". This report represents my professional opinion as a Licensed Soil Scientist but does not guarantee or represent permit approval for any lot by the Local Health Department (LHD). An improvement permit for all residences will need to be obtained from the LHD that specifies the proposed home size and location, and the design and location of the septic system to be installed. These properties were observed to be underlain by soils that range from suitable to provisionally suitable for modified or alternative systems. The soils shown as suitable are excellent for residential purposes. These soils were observed to be friable sandy loams that extend to greater than 42 inches and appear adequate to support long-term acceptance rate of 0.6 to 0.8 gal/day/sqft. You should expect that 50 to 70 feet of conventional drainline would be required for the initial system per bedroom in the home. The soils shown as provisionally suitable were observed to be firm sandy clay loams that extend to greater than 36 inches and appear adequate to support long-term acceptance rates of 0.4 to 0.5 gal/day/sqft. You should expect that 80 to 100 feet of conventional drainline would be required for the initial system per bedroom in the home. The soils indicated as provisionally suitable for modified or alternative systems are limited in soil depth to the extent that systems that can be installed ultra-shallow will likely be required. This requirement will necessitate the addition of approximately 6 inches of topsoil to completely cover the system. It is likely that ultra-shallow conventional type systems can be utilized at this site when limited soil depths are observed but you should expect that 100 to 150 feet of conventional drainline would be required for the initial system per bedroom in the home. HAL OWEN & ASSOCIATES, INC. Soil Science Investigations  Wetland Delineations, Permitting, and Consulting It appears that the soils on each proposed lot are adequate to support a conventional septic system and repair area for one residence. This soil investigation report and map, when provided to the LHD, should allow them to sign the maps for recordation. I appreciate the opportunity to provide this service and hope to be allowed to assist you again in the future. If you have any questions or need additional information, please contact me at your convenience. Sincerely, Hal Owen Licensed Soil Scientist HAL OWEN & ASSOCIATES, INC. Soil Science Investigations  Wetland Delineations, Permitting, and Consulting Preliminary Soil Investigation- 6 Lot Minor Subdivision NC HWY 24; PIN 9575-24-3974.000; 9575-24-4715.000 12 August 2022 Soil Map Scale 1 in = 100 ft Distances are paced and approximate Soil Map Legend Suitable Soils Provisionally Suitable Soils Provisionally Suitable Soils for Modified or Alternative Systems Land Use Plan/ Map Amendment Development Services Department Case: PLAN2207-0001 Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: September 6, 2022 County Commissioners: September 19, 2022 Requesting an Amendment from Low Density Residential to Medium Density Residential Applicant Information Owner of Record: Applicant: Name: G&J Development, LLC Name: Don Curry/ Curry Engineering Address: 2265 Benson Rd Address: 205 S. Fuquay Ave. City/State/Zip: Angier, NC 27501 City/State/Zip: Fuquay Varina, NC 27526 Property Description PIN(s): 0662-68-5452, 0662-68-6638, 0662-68-0457 Acreage: 26 Address/SR No.: 5963 NC 210 N. Township: (09) Johnsonville (10) Lillington (11) Neill’s Creek (12) Stewart’s Creek (13) Upper Little River (01) Anderson Creek (02) Averasboro (03) Barbecue (04) Black River (05) Buckhorn (06) Duke (07) Grove (08) Hectors Creek Vicinity Map Zoning Land Use Aerial Physical Characteristics The property is vacant land, undeveloped land. Surrounding land uses consist of single-family residences, a Primary School (K-2nd grade) and several undeveloped parcels. Per the application, this request is to assist in a residential development while also preserving the environmentally sensitive areas of these two tracts. Planned entrance would be onto N. Harnett Primary School Rd  29 lots & 4.8 ac open space (avg 26,800 sq ft) vs 40 lots & 9 ac open space (12,500 sq ft -17,000 sq ft) Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Daily Traffic Count: - NC 210 ~7,800; - N.Harnett Primary School ~90 cars and 9 buses 2x a day. Site Distances: Moderate Site Photographs Site NC 210 (south view) Site & N.Harnett School Rd Site & NC 210 north view Site & NC 210 south view NC 210 & N.Harnett School Rd N.Harnett School Rd & NC 210 intersection Staff has evaluated the request and find the following…  The impact to the surrounding community is unreasonable, as it is currently low density residential along this side of NC 210;  The proposed land use change could potentially be an inconvenience to adjacent property owners since the classification would allow for higher density developments;  A higher density development could lead to issues within the existing transportation network and additional traffic congestion.  The requested Land Use classification is not compatible with the surrounding Land Use districts nor is it adjacent to the requested classification. The uses and density provided by the current zoning and land use classification are more appropriate for this area.  On May 16, 2022 two adjacent parcels to the west were reviewed by the Harnett County Board of Commissioners for consideration of a Med. Density Residential classification. After several area residents expressed concerns for potential issues such as an increase in traffic congestion, a negative impact to area schools, and the impact to environmentally sensitive areas, the Board of Commissioners voted unanimously for the area to remain low density residential. Due to the close proximity of that decision to this request, a clear precedence has been set that this area should remain low density residential. Suggested Statement-of-Consistency (Staff concludes that…) As listed above, the requested Land Use Map amendment is not compatible with Harnett County regulatory documents and would have an unreasonable impact on the surrounding community. Therefore, it is recommended that this reclassification request be DENIED. Per Harnett County Land Use Plan Residential Focus Areas Low Density Residential: Single family detached residential intended to remain predominantly suburban in character and provide for low density single-family residential development on lots smaller than those in Rural Residential areas. Gross densities of 1-3 dwelling units per acre depending on utilities, soils and character of adjacent development. Medium Density Residential: Medium density residential with a mix of housing types including single family detached homes with average lot sizes, small-lot homes and patio homes. Gross densities of 2-5 dwelling units per acre. Located in areas served by current or planned utilities or in areas near the extra- territorial jurisdiction (ETJ) of towns. Additional housing types (including townhomes and apartments) and higher densities may be appropriate as part of planned developments or near Development Nodes. Page 1 of 19 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: September 6, 2022 County Commissioners: September 19, 2022 Applicant Information: Case Number PLAN 2207-0003 Applicant: Name: Harnett County Development Services Address: 420 McKinney Pkwy City/State/Zip: Lillington NC, 27546 Phone: 910-893-7525, x2 Type of Change New Addition Revision Ordinance: Unified Development Ordinance Article: IV Section: 12.0 Current Text: See attached Proposed Text: (Attach additional sheets if necessary) See attached Reason for Requested Change: An amendment to the Harnett County’s U.D.O is requested in order to establish the “Ed-Med” Highway Corridor Overlay District within Article IV, Section 12.0 Highway Corridor Overlay District. The purpose of the “Ed-Med” Highway Corridor Overlay District (EM-HCO) is to provide specific development standards that are applicable only to certain areas along US Highway 421 in Harnett County’s Jurisdiction. The EM-HCO District shall apply to all parcels located on either side of US Highway 421 from the Town of Lillington’s planning & development regulation jurisdiction (west) to the Town of Erwin’s planning and development regulation jurisdiction (east). These regulations apply only to non-residential development. 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 U.D.O, Grow Harnett County Comprehensive Growth Plan 2015, and NC General Statutes. Therefore, it is recommended that this Text Amendment request be APPROVED. Page 2 of 19 ATTACHMENT 1 Red Text is proposed Article IV. Zoning & Overlay Districts Section 12.0 Highway Corridor Overlay Districts- HCO SECTION 12.0 HIGHWAY CORRIDOR OVERLAY DISTRICTS – HCO 12.1 Purpose & Intent It is the intent of the Highway Corridor Overlay Districts (HCO) to protect natural resources, provide landscape improvements, and enhance the overall appearance of the corridors identified. to provide enhanced & contextual building design, uniform landscaping, specific development standards and vehicular access control measures for development within these corridors only. This district has development standards established to regulate development within a corridor. Development standards for the Highway Corridor Overlay District apply to all parcels within 600 feet of the right-of-way on both sides of the street as shown on the official zoning map. In cases where a portion of a tract of land lies within the Highway Corridor Overlay District, the entire tract shall fall into the same regulation. The boundaries of the Highway Corridor Overlay Districts (HCO) District and the Sub-Areas are shown on the County’s Officially Adopted Zoning Map 12.1.1 Highway 87 Highway Corridor Overlay District The purpose of the Highway 87 Corridor Overlay District is to create an attractive gateway that supports safe traffic patterns along NC 87 in Harnett County. The district is subject to enhanced development regulations applicable to all non-residential development in the Harnett County Zoning Jurisdiction. 12.1.2 “Ed-Med” Highway Corridor Overlay District The purpose of the “Ed-Med” Highway Corridor Overlay District (EM-HCO) is to provide specific development standards that are applicable only to certain areas along US Highway 421 in Harnett County’s Jurisdiction. The EM-HCO District shall apply to all parcels located on either side of US Highway 421 from the Town of Lillington’s planning & development regulation jurisdiction (west) to the Town of Erwin’s planning and development regulation jurisdiction (east). Within the EM-HCO District are the following Sub-Areas: A. Campus Sub-Area The purpose and intent of the Campus Sub-Area is to recognize the unique character and interrelated development in proximity to Campbell University. The standards of this district are to assure orderly, coordinated, contextual development by establishing uniform standards that recognize the university’s unique impact in this area. B. Airport Sub-Area The Airport Sub-Area is established in the vicinity of the Harnett County Regional Jetport. The purpose of this area is to provide protection from encroachment of incompatible development characteristics and place additional height restrictions on buildings, structures, and trees. Basic design standards are created in this area to encourage uniform office, commercial, research and industrial site development. 12.2 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. Page 3 of 19 12.3 General HCO Architectural Standards 12.3.1 Applicability A. All of the following regulations shall apply to all new nonresidential structures and development site plan submittals located within the all Highway Corridor Overlay Zoning Districts. In some cases, there are also specific requirements for the Highway 421 Highway Corridor Overlay District (EM-HCO). B. Expansions 1. Expansions shall comply with these regulations at such time that the expansion totals 50 percent (50%) or more of the existing building size. The total percentage of building expansions shall be combined over a five (5) year period. At such time that the percentage of building expansions reaches 50 percent (50%) or more of the original building size, these regulations shall be met, for that part of the structure included in the expansion. 2. In cases where an expansion is equal to or greater than the total square footage of the existing building, both the expansion and the existing building shall also be brought into compliance with these regulations. The total shall be combined over a five (5) year period. C. Conversions of structures formerly used for residential purposes and changes of uses shall comply with the regulations included herein. 12.3.2 Building Materials & Colors A. Front facades and exterior walls visible from the public right(s)-of-way shall be composed of at least 50 percent (50%) approved primary materials, listed below. Secondary materials may be used on building walls not visible from a public right(s)-of-way. 1. Primary Building Materials The following materials shall be permitted as primary building materials. a. Brick b. Stone c. Fiber Cement Siding d. Architectural Concrete Said material shall be permitted if the surface is constructed to simulate brick or stone and only as approved by the Administrator. 2. Secondary Building Materials The following materials shall be prohibited as primary building materials but shall be allowed as secondary material along with the approved primary building materials or as primary elements on walls not required to meet these requirements. Secondary materials are not required. When used, no more than 30 percent (30%) of front façades and exterior walls visible from the public right(s)-of-way shall be composed of the materials listed herein. a. Stucco b. Exterior Insulation Finishing System (EIFS) Page 4 of 19 c. Painted or Stained Concrete d. Metal e. Split-Face Block 3. Supplemental Building Materials The following materials shall be allowed as supplemental materials along with primary and secondary materials. Supplementary building materials are not required. When used, no more than 10 percent (10%) of exterior walls shall be composed of the materials listed herein. a. Vinyl Siding b. Cast Concrete c. Smooth-Faced Concrete 4. Accessory Structures Building materials and colors on accessory structures shall be compatible with that approved for the primary structure. For example, canopies permitted as part of a gas station may use a combination of brick columns and a metal canopy that is similar in color to the primary structure. B. For purposes of this Ordinance, the term “visible from the public right(s)-of-way” shall mean visible from any existing public right(s)-of-way or any right(s)-of-way intended for future dedication for public use. Additionally, for purposes of this Section, only those public right(s)-of- way located within the Highway Corridor Overlay Zoning Districts shall be considered for compliance with these regulations. C. Two (2) or more materials shall be combined on one (1) façade; with the heavier material(s) being installed nearer to the ground or below other materials. D. Building Color The number of colors used shall be limited to no more than three (3) discernable colors or ranges of complementary hues. The dominate color shall constitute a minimum of 60 percent (60%) of the façade, excluding windows, doors, and the like. Façade colors shall be of low reflectance earth tone, muted, subtle, and/or neutral colors. Building trim may feature brighter colors, but neon tubing is not allowed as an accent material. The use of high intensity, metallic, fluorescent, or neon colors shall be prohibited. Variations in color schemes are encouraged in order to articulate entryways, architectural features, and public amenities so as to give greater recognition to these features. 12.3.3 Building Design, Façades, & Massing A. Façades shall include changes in wall plane, incorporating at least one (1) change in wall plane, such as recesses and projections, along at least 20 percent (20%) of the length of the façade at a depth of at least three percent (3%) of the entire length of the building. 1. Buildings of 10,000 square feet or less shall include a change in wall plane for every 50 feet of length. 2. Buildings greater than 10,000 square feet shall include a change in wall plane for every 100 feet of length. Page 5 of 19 B. Rooflines shall vary in height, material, treatment, direction, etc. and shall not extend in a continuous plane for more than 50 feet to reduce the scale of structures and to increase visual interest. Roof shape, such as flat, hip, mansard, or gable, and material shall be architecturally compatible with the façade elements of the rest of the building. C. Buildings with flat roofs or with roof pitches of 3:12 or less shall maintain a parapet wall along all walls visible from the public right(s)-of-way. Parapet walls shall have decorative cornices or caps. D. If roof cornices or caps have been removed or damaged on an existing building, renovations of such building shall include retaining, repairing, and replacing the roof cornices or caps, unless justification can be made to the Administrator as to why that is not feasible. 12.3.4 Architectural Standard Design Alternatives Alternative design plans, building materials, landscaping, and/or construction techniques may be used when unreasonable or impractical situations would result from the strict application of architectural standards of this Section. Such situations may result from unique site conditions, innovative design applications, and/or unified development design. The review and approval of Architectural Standard Design Alternatives shall be reviewed and decided by the Planning Board. The following criteria shall be used in determining whether an architectural standard design alternative can be accepted by the Planning Board in lieu of meeting the requirements of this Section. A. The proposal includes a clear and concise explanation of the specific standards that cannot be met and how the alternative methods proposed will achieve the intent of this Section; B. The proposal represents the use of alternative methods and/or materials (including but not limited to: building materials, massing, materials, and scale; orientation in relation to the public right(s)-of- way; façade treatment; landscaping; lighting; and open space) which will result in a development pattern which is equivalent to or greater than that required by this Ordnance; C. The proposed use and design alternative is compatible with adjacent land uses; D. The proposal is compatible with and will enhance the use or value of adjacent and area properties; E. The proposal is consistent with the intent of adopted County plans; and F. The proposed development standards are, in all other aspects, consistent with the intent and purpose of this Ordinance. All findings specified above for the granting of such a request with the Architectural Standard Design Alternatives shall be provided in writing and signed by the Administrator. One (1) copy shall be provided to the applicant and another shall be retained as a part of the permanent record of the determination of the Planning Board. 12.4 General HCO Parking (Off-Street Parking) and Landscaping Requirements 12.4.1 General HCO Landscaping and Parking A. Parking lots, loading areas, and other vehicle use areas shall be planted with one (1) tree and two (2) shrubs for every 10 parking spaces required. B. At least 65 percent (65%) of the required parking lot trees shall be large shade trees. C. Trees and shrubs shall be planted within 15 feet of the vehicle use areas. D. Developments containing 30 or more parking spaces, 50 percent (50%) of the trees and Page 6 of 19 shrubs required shall be planted in islands or medians located within the parking lot. E. A consecutive strip of parking spaces shall include landscape islands every 20 spaces apart and at the ends of all parking rows. F. Landscape islands shall be grassed and mowed, covered with organic material (for example, pine mulch), or a combination of the two (2). G. In calculating the number of trees and shrubs, standard rounding procedures shall be followed. (For example, one and a half (1.5) or greater will become two (2)) H. Per Article VII Section 3 – Parking & Off-Street Loading Requirement of this Ordinance, the number of parking spaces shall not exceed one hundred and ten percent (110%) of the minimum number of spaces required for the approved land use, except for residentially classified uses. Pervious pavers, with installation certified by a Geotechnical Engineer, utilized for parking spaces shall not be counted toward the total number of allowable parking spaces. 12.4.2 Highway 421- EM-HCO Parking and Landscaping Requirements A. All parking areas and driveways shall be paved with concrete, asphalt or alternate, hard-surface materials of similar quality. B. Off-Street parking shall be a minimum of twenty (20) feet from the US Highway 421 right-of-way line. C. Parking in the front of the building shall be limited to no more than two (2) rows of parking parallel to the front façade of the principal building. D. Parking areas with thirty (30) spaces or more shall be located to the side or behind buildings and screened per Section 9 – Buffer & Landscaping of this ordinance. In addition, a continuous linear planting strip minimum of 8’ in width shall be provided for every two (2) parking bays. This planting strip shall contain evergreen shrubs planted at two (2) shrubs for every ten (10) feet and one (1) large maturing tree panted at every twenty (20) feet. E. Loading areas shall be located on the side or rear of the principal building. F. Parking areas on adjacent lots shall be connected with vehicular and pedestrian connections wherever practical. 12.5 Additional Development Standards 12.5.1 General HCO Vehicular Access and Driveway Requirements Driveways serving a new development parcel shall be permitted in accordance with the standards of the NCDOT; however, the Harnett County Planning Board and Board of Commissioners may require more strict standards as conditions of approval during the site plan review, if it is determined that the additional conditions may improve traffic movement and safety. Developers of nonresidential uses are required to share parking areas and driveways with adjoining developments. If the adjoining parcel is undeveloped, stub-outs are required for future connections. Stub-outs shall be fully constructed to the adjacent property line and located in locations that will allow for reasonable and feasible extension into adjacent properties. Also, no landscaping or structures shall be allowed near the intersections of driveways and streets that would impede safe vision of traffic. Subdivision of land with multiple Page 7 of 19 smaller parcels having frontage on the roadway along the corridor will not be allowed. NCDOT and the County prohibit this type of development within the corridor. Development will be required to have shared access to the roadway as approved by the NCDOT and the County. 12.5.2 Highway 421- EM-HCO Vehicular Access & Driveways Requirements 1. Access a. As part of the site plan or subdivision plan approval process, it shall be demonstrated that the proposed development can provide access to surrounding properties via cross access easement agreement(s), shared entrances, out-parcel connections, and to provide adequate internal circulation to ensure access without the need to re-enter the public road system. b. If the adjoining parcel is undeveloped, stub-outs are required for future connections. Stub- outs shall be fully constructed to the adjacent property line and located in locations that will allow for reasonable and feasible extension into adjacent properties. c. Cross-access ways shall allow for two-way traffic between parcels through the use of a single drive aisle with a minimum width of twenty (20) feet, or through two one-way aisles, each with a minimum width of ten feet. d. Where provided, a cross-access easement shall be recorded at the Harnett County Register of Deeds by the owner/developer prior to issuance of a Certificate of Occupancy and be considered a development standard required as part of this ordinance. e. The Administrator may modify this requirement when site conditions relative to topography, avoiding utility infrastructure, or other clearly identifiable safety conditions are present. When cross-access is waived in accordance with this Article/Section, bicycle and pedestrian connections shall be provided between adjacent developments or uses, unless the provision is deemed unreasonable or impracticable. 2. Private Roads & Driveways: a. One combined entrance and exit shall be permitted for each lot with frontage on US Highway 421 as permitted by the County & NCDOT. b. For lots with five-hundred (500) feet or more of frontage along US Highway 421, two (2) combined entrances and exits shall be permitted in coordination with NCDOT. c. For projects requiring a Traffic Impact Analysis (TIA), the maximum number of driveways Page 8 of 19 shall be determined though the TIA requirements as well as County and NCDOT approvals. d. Private roads shall have a maximum block length of one thousand (1,000) feet. e. Private roads shall be lined with large maturing trees or understory trees of uniform species planted at a minimum of thirty (30) feet on center. 12.5.3 Outdoor Storage Outdoor storage, when permitted, shall be screened from view so that it is not visible from a right(s)- of-way or adjacent property(s). Any accessory outdoor storage area shall comply with the requirements set forth in Subsection “Outdoor Storage Area Screening”, Section “Buffers & Landscaping” of Article VII “Development Design Guidelines.” 12.5.4 General HCO Signs Requirements A. Business & Other Signs 1. General Sign Regulations All business and other signs located within the Highway Corridor Overlay Zoning District shall comply with the regulations of this Section, as well as with all other sign requirements of this Ordinance. 2. Sign Landscaping A minimum of one (1) large and two (2) small trees per detached sign on the property shall be planted, if not existing, within the perimeter planting strip. B. Outdoor Advertising Signs No outdoor advertising signs shall be allowed within the Highway Corridor Overlay District or on any property(s) that are partially located within the Highway Corridor Overlay District, except in compliance with Section “Nonconforming Signs” of Article II “Nonconformities”. 12.5.5 Highway 421- EM-HCO Sign Requirements A. New off-premises signs or billboards are expressly prohibited within this overlay district. B. In addition to the requirements of Article VII Section 10 – Sign Regulations, all ground signs must meet the following standards: 1. Be placed a minimum of ten (10) feet from a public right-of-way and located along, or facing, US Highway 421 or the road from which direct or principal vehicular access to the premises is obtained. 2. All monument signs shall be provided with a landscaped area at least equal to the sign surface area of the sign. Such landscaping may include any size or variety of annuals, perennials, ornamental grasses, or shrubs. C. The provisions of Article VII Section 10 – Sign Requirements shall govern all other signage standards within this corridor. D. The following image represent an example of ground signage permitted in this district: Page 9 of 19 12.5.6 General HCO Trash Containment Areas Outside dumpster/recycle, etc., sites shall be located in the side or rear yard and effectively screened with materials which are compatible with the architectural design and materials of the primary structure (see example image below). 12.6 “Ed-Med” Highway Corridor Overlay District (EM-HCO) 12.6.1 Exemptions The following development types are exempt from the standards in this Article/Section: A. Master development plans approved under the Office & Institutional Zoning District. B. Developments proposed for single-family residential subdivisions. C. Buildings which are primarily utilized for agricultural purposes. D. Existing single-family lots and single-family subdivisions. 12.6.2 Expansion & Changes of Use Expansions shall comply with these regulations at such time that the expansion totals 50 percent (50%) or more of the existing building size. The total percentage of building expansions shall be Page 10 of 19 combined over a five (5) year period. At such time that the percentage of building expansions reaches fifty percent (50%) or more of the original building size, these regulations shall be met, for that part of the structure included in the expansion. In cases where an expansion is equal to or greater than the total square footage of the existing building, both the expansion and the existing building shall also be brought into compliance with these regulations. The total shall be combined over a five (5) year period. 12.6.3 Modifications The Administrator, in reviewing a development application, may adjust specific EM-HCO requirements for yards adjacent to the corridor or intersecting streets provided the average depth of a required yard or setback for the entire parcel is maintained. In permitting site-specific variations the Administrator shall find that the modification requested: A. Is consistent with the overall purpose and intent of these requirements; B. Is necessitated by the configuration and/or topography of the land, which makes it impractical to comply with the yard and setback requirements of this Article/Section for specific areas of the parcel; C. Does not reduce the required yard or setback by more than fifty percent (50%). 12.6.4 Required Development Standards A. Building Location Standards Building setbacks shall be the same as for the underlying zoning district provided, however, buildings shall be oriented to “front” on US Highway 421 and be placed no farther than one hundred (100) feet from the US Highway 421 right-of-way line. B. Building Height Standards With the exception of the Campus Sub-Area, the height of any building within this corridor shall be limited to thirty-five feet above the centerline elevation of US Highway 421 measured from the front of the nearest the building. 12.6.5 Sidewalks & Pedestrian Paths A. A ten (10) foot wide paved pedestrian path shall be required to be constructed along the entire frontage of US Highway 421 where the development is occurring. B. Five (5) feet paved sidewalks shall be provided along all other street frontages. C. Sidewalks and pedestrian paths shall be constructed to optimize pedestrian movement between parcels and connect with existing pedestrian sidewalks and trails. Sidewalks and pedestrian paths along street frontages must be located a minimum of five (5) feet from parking areas D. Safe and convenient pedestrian crossings shall be provided across access drives and internal travel- ways. E. Crosswalks and pedestrian areas shall be signed and/ or accented and defined. Page 11 of 19 F. The following images represent an example of this standard: 12.6.6 Streetscape Trees A. In addition to the landscaping and screening requirements in Section 9 – Buffer & Landscaping, it is the intent of this Article/Section that the frontage along US Highway 421 have an enhanced and uniform streetscape. B. A staggered double row of loblolly pines not less than four inches in DBH (Diameter at Breast Height) shall be planted along the frontage of US Highway 421 for every forty (40) linear feet of property fronting US Highway 421 and one understory tree such as redbud, crepe myrtle or dogwood for every twenty (20) linear feet of property fronting US Highway 421. The planting of loblolly pines shall not be required within the Airport Sub-Area of this district. 1. Streetscape trees shall be placed in a planting strip on private property and not within the public right-of-way unless permitted by NCDOT. 2. No streetscape tree can be planted farther than twenty (20) feet from the edge of the right-of- way to count towards this requirement. 3. The planting area must be covered with grass, shrubs, or mulched areas so that no soil is exposed. 4. Sidewalks, pedestrian paths and greenway trails may encroach into the planting strip. C. Existing vegetation may be used to satisfy the requirement for streetscape trees if the vegetation meets the requirements of this Article/Section. D. All wetpond and drypond retention systems visible from US Highway 421 or from adjacent residential development areas shall be effectively screened or designed as a landscaped feature. E. During the development review process, the Administrator may permit minor modifications in the placement of trees in order to avoid conflict with utility structures and utility lines. F. The following images represent examples this standard: Page 12 of 19 12.6.7 Building Design A. Building design standards for buildings in this district shall follow Sections 12.3.2 [Building Materials & Color] through 12.3.4 [Architectural Standards Design Alternatives] of this ordinance. B. The Campus Sub-Area & Airport Sub-Area are subject to separate building design standards, but the following shall apply to the entire (EM-HCO): 1. A contextual approach should be considered when designing buildings within this corridor to respond to prevalent architectural features of the surrounding area, especially in areas where patterns are valued and well established by recurring & existing architectural features. 2. Loading docks, overhead doors, and loading and service areas (not to include doors sized primarily for pedestrian access) shall be effectively screened or “out-of-view” from US Highway 421. Such areas shall be considered “out-of-view” if it is within the 45-degree angles projected from the building edge as illustrated below: Page 13 of 19 3. When screening is used, it shall consist of evergreen shrubs, fencing, wall or berm. 4. Barb-wire fencing shall only be permitted in areas not visible from the US Highway 421 right- of-way. 5. Chain link fences may be used when they are black vinyl coated, a maximum of eight (8) feet in height and evergreen shrubbery is provided along the entire area visible from the US Highway 421 right-of-way. 6. The building frontage should be designed to include sidewalk/plaza connections to the main pedestrian plan and sidewalk that includes landscaping, borders and bicycle parking amenities. 7. Foundation planting consisting of evergreen shrubs shall be installed along the entire front foundation wall of the building. Plant installation shall be a minimum of two feet in height planted at three- to four-foot intervals. 8. A building canopy, awning, or similar weather protection shall be provided for entrances facing US Highway 421 and should project a minimum of five (5) feet from the front building façade. 12.6.8 Lighting In addition to the standards of Section 7 – Lighting Standards and Article IX – Airport Height Control of this ordinance, these additional requirements shall apply in this district: A. Light fixtures that are not attached to a building shall be affixed to a pole, which may be of metal, fiberglass or concrete. B. All fixtures must be 90-degree cutoff angle fixtures only. This means a luminaire or light fixture that by design of the fixture housing, does not allow any light dispersion or direct glare to shine above a ninety (90) degree, horizontal plane from the base of the fixture. C. Fixtures should be placed to provide uniform distribution of light and to avoid intense lighting that produces excessive glare. D. The maximum height of the light source, detached from a building, is 20 feet. E. Lighting shall be functionally and architecturally integrated with site and building design. F. Light sources shall only be incandescent, LED, fluorescent, metal halide, or induction lighting may be used. G. Pedestrian scale light fixtures (pole or bollard) shall be provided along sidewalks and pedestrian paths no taller than 16 feet and spaced a max of 60 feet (see example below). Page 14 of 19 12.6.9 Utilities, Mechanical Equipment & Stormwater Facilities A. All utilities under the control of the property owner or developer shall be placed underground. Utilities such as water, sewer, natural gas, telephone, cable, etc., shall only be located in the portion of the required streetscape that does not have existing trees that can be protected or will not have newly planted trees. B. Mechanical equipment placed on a roof shall be shielded from public view behind a roof parapet or with architectural enclosure complementary to the building façade. C. Mechanical equipment on the ground such as electric and gas meters, electrical panels, junction boxes, transformers, etc. shall be shielded from public view using landscaping, enclosure, or located away from public view to the extent practical given the topography of the site and other physical limitations and designed to be perceived as an integral part of the building. D. All wet pond and dry pond retention systems shall be located a minimum of 50 feet from the US Highway 421 right-of-way and be effectively screened or designed as a landscaped feature. 12.6.10 Individual Use Standards A. Telecommunication Towers. All telecommunication towers located on private property shall be located a minimum of 100’ from the US Highway 421 right-of-way and shall not be located in the Airport Sub-Area of this district. B. Convenience Stores with Gasoline Stations. 1. No fueling pumps or other vehicular areas shall be located between the primary structure and US Highway 421 right-of-way (see example below). Page 15 of 19 2. Gasoline canopies must be located at least fifty (50) feet from any interior side or rear property line that adjoins residentially developed property. 3. Gasoline canopies must use brick columns that are similar in color to the primary structure. 4. A conforming principal building is required and shall be a minimum of one-thousand (1,000) square feet. 5. No outdoor storage shall be allowed. C. Drive-thru Facilities. 1. No drive-through lanes shall be located between the primary structure and the US Highway 421 right-of-way. 2. Drive-through facilities shall be limited to two (2) lanes. 3. Drive-through lanes or loading spaces shall not be located any closer than fifty (50) feet to a residential zoning district. 4. Stacking Lane Requirements: a. The minimum number of stacking spaces shall be eight (8) spaces or sixteen (16) if double lanes are provided. b. Stacking spaces shall be a minimum of eight (8) feet wide by twenty (20) feet long per lane. c. Stacking spaces shall not impede on-site or off-site traffic movements, including access to parking spaces. d. Stacking spaces shall be separated from other internal driveways by raised medians if deemed necessary by the County or NCDOT for traffic movement and safety. D. Outdoor Storage All outdoor storage shall be located in the rear yard and be screened from view through buildings or an opaque fence or a combination of an opaque fence and evergreen landscaping from the view US Highway 421 right-of-way as well as any other right-of-way or adjacent property. The images below represent a graphical depiction of a typical site development under these regulations. Page 16 of 19 12.6.11 Campus Sub-Area District Standards In addition to the general standards listed in the sections above, the following additional building standards shall apply to structures within the Campus Sub-Area of this overlay district Page 17 of 19 A. Architecture 1. Buildings shall be designed to substantially resemble the architectural styles of existing buildings on the Campbell University campus. 2. Buildings shall include similar architectural styles that are contextual in nature. 3. Large areas of uninterrupted brickwork shall be broken up through the use of windows, archways or other patterns. 4. Blank walls shall not occupy more than fifty percent (50%) of a street facing frontage of US Highway 421 and shall not exceed an average of twenty (20) linear feet without interruption by a window or entry. 5. Window areas may extend down to within two (2) feet the floor line or across the entire frontage of a building's façade. 6. All buildings shall have a front entrance to US Highway 421 and shall be a distinct and prominent element of the architectural design incorporating lighting, change in mass, surface or finish to provide emphasis. 7. Buildings shall have the appearance of a two-story building (at minimum) with a maximum height of four-stories or eighty- five (85) feet. A story is considered to be a building level of no more than fourteen (14) feet in height from the finished floor to finished ceiling (see examples below for two-story building appearances). 8. Roof types shall be modified gabled or hip style only. B. Building Materials 1. A minimum of seventy-five percent (75%) of the frontage of buildings along US Highway 421 or side streets within the overlay district shall be of materials such as brick, stone or architectural concreate. The remainder may be of cement fiber board, exposed heavy timber or stucco. 2. Any percentage of materials are permitted in the rear of the buildings. 3. A minimum of fifty percent (50%) of the side of buildings shall be of materials such as brick, stone, or architectural concreate. The remainder may be of cement fiber board, exposed heavy timber or stucco. C. Building Colors 1. Facade colors shall be of low reflectance earth tone, muted, subtle, or neutral colors. Building trim may feature brighter colors as an accent material. The use of high-intensity, metallic, Page 18 of 19 fluorescent, day glow, or neon colors shall be prohibited. Variations in color schemes are encouraged in order to articulate entry ways and public amenities so as to give greater recognition to these features. 2. The images to the right represent examples these standards. D. Outdoor Spaces 1. Larger retail centers (over 25,000 square feet) shall provide at least one outdoor space, or site amenity, to beautify the site in addition to the minimum landscaping requirements of this ordinance. 2. The outdoor space or site amenity is intended to enhance the vehicular and pedestrian entryways to the site and the buildings on the site. An “outdoor space” or “site amenity” may include, but is not limited to, the following: a. A public plaza or courtyard on the site; b. A landscaped median for the driveway(s) leading into the site and landscaped pedestrian areas; or c. A public square or park on the site, or on adjacent land. 3. The outdoor space or site amenity shall be improved with features which may include, but are not limited to: a. Landscaping b. Seating walls c. Outdoor dining areas d. Benches e. Fountains 12.6.12 Airport Sub-Area District Standards In addition to the general standards listed in the sections above and in Article IX – Airport Height Control of this ordinance, the following standards shall apply to buildings in the Airport Sub-Area of this overlay district. A. Architecture 1. Buildings in this sub-area may be of an industrial design in nature. 2. Blank walls shall not occupy more than sixty percent (60%) of a street facing frontage of US Highway 421 and shall not exceed twenty (20) linear feet without interruption by a window or entry. 3. All buildings shall have a front entrance to US Highway 421. 4. Sections or bays shall be provided every twenty (20) feet to visually subdivide the front façade. Features with different materials such Page 19 of 19 as columns, projections, windows, awnings or an equivalent element that visually subdivides the wall shall be used. 5. Roof types shall be modified gable, hip, Dutch or mansard in style. B. Building Materials 1. A minimum of fifty percent (50%) of the frontage of buildings along US Highway 421 shall be of materials such as brick, stone or architectural concreate. The remainder may be architectural metal siding. 2. A minimum of twenty-five percent (25%) of the side of buildings shall be of materials such as brick, stone or architectural concreate. The remainder may be architectural metal siding. 3. Any percentage of materials are permitted in the rear of the buildings. C. Building Colors 1. Facade colors shall be of low reflectance earth tone, muted, subtle, or neutral colors. Building trim may feature brighter colors as an accent material. The use of high-intensity, metallic, fluorescent, day glow, or neon colors shall be prohibited. Variations in color schemes are encouraged in order to articulate entry ways and public amenities so as to give greater recognition to these features. BY-LAWS HARNETT COUNTY PLANNING BOARD ARTICLE I Membership and Vacancies The Harnett County Planning Board (the “Planning Board”) shall consist of five (5) regular members and two (2) alternates, for a total of seven (7) members. Members shall be appointed by the Harnett County Commissioners with terms of office being set according to the “Rules of Procedure” for the Board of Commissioners as they may exist from time to time. Each commissioner district should be represented on the Planning Board by a regular member. Membership should be distributed throughout the County in as much as is practical. Alternates shall be designated as Alternate #1 and Alternate #2 and shall, when feasible, rotate service on the Planning Board. Vacancies occurring for reasons other than expiration of terms shall be filled according to the Board of Commissioners' “Rules of Procedure”. Members shall serve until they are duly replaced. Regular appointments are to become effective on January 1 of each year. Faithful attendance at the meetings of the Planning Board is a prerequisite for the continuation of membership on the Planning Board. If an appointee has unexcused absences which constitute more than 25% of the Planning Board meetings in any calendar year which he or she is required to attend pursuant to his or her appointment, he or she is obligated to resign. Excused absences are defined as absences caused by events beyond one's control. If the individual refuses to resign, he or she may be dismissed by action of the Board of County Commissioners subject to State or local law. A calendar year is to be defined as a 12 month period beginning on the date of appointment. ARTICLE II Officers The Planning Board shall elect one (1) of its members as Chairman and another as Vice Chairman. It shall be the duties of the Chairman to conduct the meetings, address the County Commissioners as needed, sign documents as required, and function as the liaison with the Planning Department staff. In the absence of the Chairman, the Vice- Chairman shall perform all duties of the Chairman. At the regular meeting in January of each year, the Planning Board shall elect a Chairman and Vice Chairman from its regular membership as the first order of business during its regular meeting. The term of office shall last for 12 months, beginning in January. Officers may serve consecutive terms. Any member who has served at least 12 months prior to the date of the elections is eligible to hold either office. Election of officers may be by secret ballot or by nomination and voice vote. The Planning Board shall adopt rules for transaction of its business and shall keep a record of its members' attendance and of its resolution, discussions, findings, and recommendations, which record shall be a public record. The Planning Board may hold one (1) meeting monthly and all of its meetings shall be open to the public. There shall be a quorum of three (3) members for the purpose of taking any official action required by the Harnett County Unified Development Ordinance. ARTICLE III General Powers and Duties It shall be the duty of the Planning Board: 1. To acquire and maintain in current form such basic information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions; 2. To prepare and from time to time amend and revise a comprehensive and coordinated plan for the physical development of the County. Activities will be coordinated with any municipal planning board or adjoining counties, to the greatest extent feasible, if such boards or counties are involved; 3. To establish principles and policies for guiding action in the development of the County; 4. To prepare and recommend to the Board of County Commissioners, ordinances promoting orderly development as in the comprehensive plan; 5. To determine whether specific proposed developments conform to the principles and requirements of the comprehensive plan for the growth and development of the County; 6. To keep the Board of County Commissioners and the general public informed and advised as to all matters referenced in this Article; 7. To perform any other duties, which may lawfully be assigned to it. ARTICLE IV Gathering Background Data & Performing Special Studies As background for its comprehensive plan and any ordinances it may prepare, the Planning Board may gather maps and aerial photographs of manmade and natural physical features of the County, statistics on past trends and present conditions with respect to population, information on property values, data on the economic base of the area, information on land use, and such other information as is important or likely to be important in determining the amount, direction, and kind of development to be expected in the County and its various parts. In addition, the Planning Board may make, cause to be made, or obtain special studies on the location, condition, and adequacy of specific facilities, which may include but are not limited to studies of housing; commercial and industrial facilities; parks, playgrounds, and recreational facilities; public and private utilities, including water and waste disposal systems; and traffic, transportation, and parking facilities. All County officials shall, upon request, furnish to the Planning Board such available records or information as it may require in its work. To the extent permitted by law, the Planning Board or its agents may, in the performance of its official duties, enter upon lands and make examinations or surveys. ARTICLE V Comprehensive Plan The comprehensive plan, with the accompanying maps, plats, charts, and descriptive matter, shall constitute the Planning Board's recommendations to the Board of County Commissioners for the development of the territory and area therein referenced. Among other things, such comprehensive plan may include the general location, character, and extent of water and waste disposal systems, streets, bridges, boulevards, parkways, playgrounds, squares, parks, aviation fields, and other public utilities and terminals, whether publicly or privately owned or operated, for water, light; sanitation, transportation, communication, power, and other purposes; information relating to the removal, relocation, widening, narrowing, vacating, abandonment; change of use, or extension of any of the foregoing ways, buildings, grounds, open spaces, property, utilities, or terminals; and information relating to the most desirable pattern of land use within the area, including areas for residential uses, for farming and forestry, for manufacturing and industrial uses, for commercial uses, for recreational uses, for open spaces, and for mixed uses. The plan and any ordinances or other measures to effectuate it shall be made with the general purpose of guiding and accomplishing a coordinated and harmonious development of the County which will, in accordance with present and future needs, best promote health, safety, morals, and the general welfare, among other things, adequate provision for traffic, safety from fire and other dangers, adequate provision for light and air, the healthful and convenient distribution of population, good civic design and arrangement, wise and efficient expenditure of public funds, and the adequate provision of public utilities, services, and other public requirements. ARTICLE VI Subdivision Regulations The Planning Board shall review, from time to time, the need for regulations for the control of land subdivision in the County and submit to the Board of County Commissioners its recommendations, if any, for adoption or revision of said regulations. ARTICLE VII Other Ordinances It is within the delegated authority of the Planning Board to review and make recommendations to the Board of County Commissioners concerning all ordinances under the direction of the Planning Department. If required by law the Planning Board will hold public hearings to solicit public comments regarding these ordinances and the administration of them. As delegated by the Board of County Commissioners, the Planning Board will review and approve plans for the construction of manufactured home parks or additions to existing manufactured home parks within the County's planning jurisdiction. It is within the Planning Board's duties to develop any new ordinances and recommend their adoption as the need arises. The Planning Board may request technical assistance from any State or regional planning agency providing such services. Fees for such services will be paid from the Planning Department's budget. ARTICLE VIII Miscellaneous Powers and Duties The Planning Board may conduct such public hearings as may be required to gather information necessary for the drafting, establishment, and maintenance of the comprehensive plan. Before adopting or amending any such plan it may hold or cause to be held at least one (1) public hearing thereon. The Planning Board shall have power to promote public interest in and an understanding of its recommendations, and to that end it may publish and distribute copies of its recommendations and may employ such other means of publicity and education as it may determine. Members of the Planning Board, when duly authorized by the County Manager may attend planning conferences or meetings of planning organizations or hearings upon pending planning legislation. Members of the Planning Board attending such conferences, meetings or hearings will be reimbursed for travel expenses based upon the County's travel reimbursement policy following submission of required documentation. ARTICLE IX Reporting and Budget Request In an effort to keep the Board of County Commissioners informed, the Planning Board will periodically prepare a report of its activities. Assistance in preparing this report will be provided by the Planning Department staff. The Planning Board is authorized to receive any funds which may be appropriated for its use by the Board of County Commissioners. ARTICLE X Special Committees The Planning Board may set up special committees to assist it in the study of specific questions and problems. The Planning Board may ask for assistance from other departments in County Government as the Board studies these questions and problems. ARTICLE XI Statutory Powers The Planning Board shall have all the powers and authority granted by N.C.G.S. 160D- 301 and subsequent provisions of law and any other powers and duties so delegated by the Board of County Commissioners. ARTICLE XII Conduct of Meeting The Planning Board may set reasonable time limits for presentations and discussion by proponents and opponents for a given issue. It is the intent of this section that proponents and opponents be given adequate time for presentations without dominating the meeting. Therefore the use of a spokesman is encouraged. Once the Chairman has closed the public input session no further public comments shall be received. At the discretion of the Planning Board, any agenda item may be tabled provided the item has been discussed and the need for a delay has been determined. An agenda item may be tabled to a date certain or until the removal of certain conditions or the completion of specified tasks as established by the Planning Board. Items may also be tabled to a date certain in order to secure legal advice from the County Attorney. A motion to table an item shall require an affirmative vote by a simple majority of the members present. All Planning Board members must abstain from voting on any advisory or legislative decision in which the outcome of the matter is reasonably likely to have a direct, substantial and readily identifiable financial impact on the member. Planning Board members must abstain from voting if the landowner of the property subject to a rezoning petition or an applicant for a text amendment has a close familial, business, or other associational relationship with a member of the Planning Board. ARTICLE XIII Amendments to By-Laws These by-laws may be amended as needed by the Planning Board according to the following procedure. An amendment must be introduced and then be voted on at the following two (2) regular meetings. Passage of an amendment shall require an affirmative vote by a simple majority of the members present at both meetings. No amendment may be voted on at the meeting at which it is introduced. These by-laws may be amended by a majority vote of the Harnett County Board of Commissioners. ARTICLE XIV Repeal and Effective Date Any previous by-laws are hereby repealed upon adoption of these revisions. The revised by-laws shall become effective upon adoption. ARTICLE XV Severability Should any section, paragraph, sentence, clause, or phase be declared unconstitutional or invalid for any reason, the remaining by-laws shall not be accepted thereby and shall remain in effect. Duly adopted this 2nd day of January 1999. George Jackson John M. McKoy Planning Director Planning Board Chairman Amended through this ________ day of ______________, 2022. Harnett County Board of Commissioners _________________________________ Lewis W. Weatherspoon, Chairman Attest: _________________________________ Melissa Capps, Clerk Harnett County Planning Board _________________________________ Kathy Wood, Chairman