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Home My WebLink AboutJAKS Development_SRHARNETT COUNTY BOARD OF ADJUSTMENTS October 10, 2022 Staff Contact: Randy Baker, Assistant Manager of Planning Services (910) 893-7525 or rbaker@harnett.org CASE NUMBER: BOA2209-0001 APPLICANT: Ms. Stephanie Schuller OWNER: JAKS Development Group LLC. LOCATION: 504 Main Street / 46 Brickyard Lane / 80 Brickyard Lane Lillington, NC ZONING: RA-30 Combined Acreage: 2.245 LAND USE CLASSIFICATION: Medium Density Residential REQUEST: Multifamily Residential Townhome Development AERIAL: PIN# 0670-85-7683.000 PIN# 0670-85-9579.000 PIN# 0670-95-0585.000 Directions from Lillington: Travel US 421 South – Turn left onto Leslie Campbell Ave – Turn left onto Main Street – Property is located on the right at the intersection of Main Street & Brickyard Lane. PHYSICAL CHARACTERISTICS A. Site: There is an existing single family dwelling on the property at 504 Main Street and 72 Brickyard Lane. B. Surrounding Land Uses: Surrounding land uses consist of single and multi-family residential home sites. C. Utilities: Water – Public Sewer – Public TRANSPORTATION: Annual daily traffic count for Main Street at the intersection of Brickyard Lane is 1,100 vehicles. Site distances are good. BACKGROUND: Applicant would like to combine the properties and construct a Townhome Development consisting of 15 townhomes. If approved, this project will be required to go through the commercial site plan review process. The Commercial Site Plan review process includes a thorough review from Planning, Building Inspections, Fire Marshal, Public Utilities, E911/ Addressing, and Environmental Health Departments. This requested use is located within a medium density residential land use classification. Multifamily residential development within this land use classification is required to obtain a special use permit as required by the Unified Development Ordinance. If approved, installation of appropriate buffering will be required in accordance with the Unified Development Ordinance as well as all other developmental improvement standards. UNIFIED DEVELOPMENT ORDINANCE REGULATIONS ARTICLE V. USE REGULATIONS 1.2 Table of Use Types & Regulations IND LI COMM O&I CONS RA-40 RA-30 RA-20R RA-20M PARKING USE GROUP LEVEL BUILDING CODE CLASS RESIDENTIAL USES Townhome Development P* S* S* P* S* 1.5 per bdm + 1 per bdm over 2 2 R-3 3.2.1 Multifamily Residential Development: General Regulations The following regulations shall apply to all Apartment Development, Condominium Development, Duplex Development, Multifamily Development (other), and Townhome Development. A. Multifamily residential development shall be permitted in Rural Center, Employment Mixed Use and Compact Mixed Use Land Use Classifications, and shall require a Special Use permit in all other Land Use Classifications. B. Residential density shall not exceed nine (9) dwelling units per acre unless otherwise allowed by this Ordinance. C. A minimum of 15 percent (15%) of the tract shall be set aside for recreational open space unless otherwise allowed by this Ordinance. Of the total set aside five percent (5%) of the area shall be developed for improved recreational open space. This area shall be installed and maintained by the developer until ownership of the recreational open space area is transferred to the Homeowners’ Association, if applicable. In cases where no Homeowners’ Association is created, the developer shall be responsible for continued maintenance of recreational open space areas. 1. Improved recreational open space areas, such as golf courses, basketball courts, swings, etc., shall be clearly defined. Any equipment used for improved recreational open space areas shall be permanently affixed to the ground. 2. All recreational open space areas shall be equipped and maintained by the appropriate body. D. A network of sidewalks and pedestrian trails, where applicable, shall be provided to connect all parking areas, driveways, residential structures, and amenities. Approval of such shall be based on connectivity. 1. Sidewalks shall be constructed along all streets, driveways, parking areas, and residential structures. Said construction shall be in accordance with the construction standards set forth in this Ordinance. 2. Pedestrian trails may be provided in place of sidewalks between all separate accessory structures and amenities, including open space and recreational open space areas. Said pedestrian trails shall be a minimum of four (4) feet wide and three (3) inches thick. E. Developments larger than five (5) acres in size shall install street trees along both sides of all newly created public or private street(s). Said improvements shall be in accordance with the applicable requirements set forth in this Ordinance. F. Recordation of the declaration, if applicable, and plan shall be completed by the developer or his agent prior to issuance of the first Certificate of Occupancy (CO) on the project following approval by the Development Review Board (DRB)or such approval shall be null and void. G. In any multifamily development in which lots and/or units are individually sold, a Homeowners’ Association (HOA) shall be required. 1. The required organizational documents and by-laws shall include, but are not limited to, the following: a. The Homeowners’ Association shall be established before any lots are sold. b. Membership shall be mandatory for each buyer and any successive buyer. c. The developer shall be responsible for all maintenance and other responsibilities of the Homeowners’ Association until 60 percent (60%) of all units to be sold are sold. After 60 percent (60%) of all units are sold, the Homeowners’ Association shall levy assessments and assume its responsibilities. d. The Homeowners’ Association shall be responsible for liability insurance, taxes and maintenance of all recreational open space facilities, grounds and common areas. Any sums levied by the Homeowners’ Association that remain unpaid shall become a lien on the individual property. e. The declaration shall contain a statement addressing street maintenance and ownership, if applicable. H. Entrances A minimum of two (2) entrances shall be required on all multifamily developments of 100 or more units. I. Streets, driveways, and parking areas shall meet the following requirements: 1. All driveways, streets, and parking areas whether private or public, shall be paved and constructed to NCDOT standards. Once ownership of the private streets has been transferred to the Homeowners’ Association, if applicable, the association shall assume maintenance of said streets. 2. When parking lots are located within the required front yard, the minimum front setback for each unit or the development as a whole, whichever is applicable, shall be increased by an additional 20 feet. 3. Curb & gutter shall be installed in accordance with Subsection “Curb & Gutter”, Section “Street & Transportation Systems” of Article VII “Development Design Guidelines.” J. Individual lots shall meet the following minimum dimensional requirements as applicable. Minimum side yard requirements shall apply to perimeter boundaries only, except in cases of a duplex development, where the minimum side yard on one (1) side shall meet the requirements below. 3.2.2 Multifamily Residential Development: Specific Regulations Townhome Development A. In a townhome development in which any facilities such as but not limited to streets, parking areas, recreational open space facilities and common open space are to be held and maintained in common ownership a Homeowners’ Association shall be organized. Documents showing the association’s organizational structure and by-laws for the property shall be filed with the Planning Department. For townhome developments, the aforementioned documents shall become part of the application for a Special Use permit. B. All townhome units shall be subject to the conveyance of a fee-simple lot. ARTICLE XIV. DEFINITIONS & CERTIFICATIONS 2.2 General Definitions Multifamily, Townhome An attached single family dwelling on a fee-simple lot meeting the minimum front and rear yard setback requirements, fronting on a dedicated street, and sharing a common side(s) with adjoining units within a townhome complex. SITE PHOTOS Site / 209 Pender Road Across Road / 220 Pender Road Road View / SR 2454 / Pender Road Road View / SR 2454 / Pender Road SUBMITTED SITE PLAN