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HomeMy WebLinkAbout031423 agenda packet WORK SESSION AGENDA Date: Tuesday, March 14, 2023 Time: 9:00 a.m. Location: Commissioners Meeting Room Harnett County Resource Center & Library 455 McKinney Parkway, Lillington Harnett County Board of Commissioners Page | 1 1. Call to order – Chairman Matt Nicol 2. Pledge of Allegiance and Invocation – Commissioner Brooks Matthews 3. Presentation on Harnett Promise Program; Jon Matthews, Provost, Harnett County, Central Carolina Community College 4. Presentation on the status of WWTP for accepting septic and port-a-john waste; Steve Ward, Harnett Regional Water Director 5. Development Services briefing on upcoming public hearings: • Proposed Zoning Change: Case # PLAN2301-0001; Landowner / Applicant: Charles W Harwell; 9.15 +/- acres; Pin # 9576-43-9434.000; From Commercial/Conservation to RA-20R/Conservation Zoning District; NC Hwy 87 S ; Barbecue Township • Proposed Zoning Change: Case # PLAN2302-0001; JPF Properties, LLC; 10.91 +/- acres; Pin #’s 1537-26-3967.000 & 1537-27-3212.000; From RA-30 to Commercial Zoning District; SR # 1709 (Hodges Chapel Rd); Averasboro Township • Proposed Zoning Change: Case # PLAN2302-0002; JPF Properties, LLC; 8.88 +/- acres; Pin #’s 1538-32-2851.000; From RA-20R to Commercial Zoning District; SR # 1840 (Robin Hood Rd); Averasboro Township • Proposed Text Amendment: Case # PLAN2302-0003; Applicant: Harnett County Development Services; Harnett County Unified Development Ordinance; Article XII, Sections 2.6.1. To amend Harnett County’s U.D.O Land Use Plan Amendments Section. 6. Economic Development Update; Christian Lockamy, Economic Development Director 7. Discuss Nonprofit Funding Agreement ($1.5 Million State Appropriations); Ally Fouts, Lead for North Carolina Fellow 8. Discuss Hazard Mitigation Grant Program; Christopher Appel, Senior Staff Attorney 9. Discuss Lobbying Firm RFQ; Brent Trout, County Manager 10. County Manager’s Report - Brent Trout, County Manager • March 20, 2023 Regular Meeting Agenda Review • Upcoming meetings and invitations Harnett County Board of Commissioners Page | 2 11. Closed Session 12. Adjourn CONDUCT OF THE MARCH 14, 2023 MEETING Live audio of the meeting will be streamed on the Harnett County Government’s YouTube Channel at https://www.youtube.com/channel/UCU7mTF6HTD65x_98EhAMeMg/featured. Item 3 Harnett Promise: Summary Data and MOU Renewal March 2023 SUMMARY DATA ESTC and Lee Main Campus R&R Bond Fall 2019 to Fall 2022 Cohorts •Total of 538 Harnett County high school graduates have participated •67% persisted from year one to year two of their cohort (trending upward) •61% participated in Career and Technical Education pathways •39% enrolled in University Transfer pathways (AA, AS, or AE degrees) •Average GPA: 2.88 •Average Credit Hours Earned: 47.25 •Total Credentials Awarded (all levels): 410 Harnett Promise Quick Facts ESTC and Lee Main Campus R&R Bond Average Cohort Demographics •30% First-generation students •49% Pell recipients (partial or full) •63% Female; 37% Male •61% White •20% Hispanic •11% Black •8% Multi-racial Harnett Promise Quick Facts ESTC and Lee Main Campus R&R Bond Most Popular Program Pathways •Pre-Health Sciences (19%) •Associate in Arts (19%) •Associate in Science (18%) •Health Sciences (6%) •Business Administration (5%) •Industrial Systems/Welding/Machining (5%) •Criminal Justice (4%) Harnett Promise Quick Facts MOU Revisions ESTC and Lee Main Campus R&R Bond Introduction •The start date and the cohort years that will be covered in the renewal: 2023, 2024, 2025, and 2026. I.A. language 1.Be a resident of Harnett County for at least a minimum of twelve (12) continuous months prior to the beginning of the fall semester. 2.Be a high school graduate from a public or, private, or charter school located within Harnett County, or a qualified home school as defined by North Carolina General Statute §115C-564, while residing in Harnett County, who will attend the College as full-time degree-seeking or credential-seeking student within the two-year (five semester) window eligibility period following his or her high school graduation. Students will be required to register for approved courses within their active curriculum or continuing education program of study. Harnett Promise MOU Revisions ESTC and Lee Main Campus R&R Bond I.A. language (cont’d) 3.Have successfully completed at least four (4) dual-enrollment courses or twelve (12) dual-enrollment credit hours. This requirement is waived for 2019 graduates and is reduced to at least two (2) dual-enrollment courses or six (6) dual enrollment credit hours for 2020 graduates. 4.Completed Have completed the FAFSA and submitted all requested verification documents (if applicable) and completed the College’s Foundation scholarship application by the advertised deadline. These documents must be submitted on an annual basis. Harnett Promise MOU Revisions ESTC and Lee Main Campus R&R Bond I.B language For students who meet all of the criteria set forth in Section I.A., the student’s tuition and required fees at the in-state rate for two years will be covered by this program. Students who receive an out-of-state designation from the Residency Determination Service (RDS) will be required to pay the difference in tuition rate. 1.Funding from federal and state grants, scholarships and outside funding must be exhausted before the Program begins paying a student’s tuition and required fees. 2.The two years of eligibility begins in the fall semester after high school graduation and ends following the spring semester of the second year after high school graduation. The summer term between year one and year two is included. No extensions will be granted. Harnett Promise MOU Suggested Revisions ESTC and Lee Main Campus R&R Bond II.A.1 Costs Board will provide funding for the Program based on estimates provided by the College. This includes $210,000$250,000 for Fiscal Year (“FY”) 20202023, up to $420,000$250,000 for FY 20212024, up to $420,000 $250,000 for FY 20222025, up to $420,000$250,000 for FY 20232026, and up to $210,000$100,000 for FY 20242027 for students entering their second year of eligibility under the Program. Board shall not be responsible for any funding that exceeds the estimates for each FY. •II.B.1 The College will include on the invoice the number of students enrolled in the program and the number of credit hours each student is taking. •II.B.2 College will assign appropriate staff to market the program to eligible high school graduates, collect paperwork from participants, ensure eligibility for the program, make awards, monitor progress and registerverify that students are registered for appropriate classes in their desired pathways. •III.IV.A (term language): moved to section IV.M Harnett Promise MOU Suggested Revisions ESTC and Lee Main Campus R&R Bond Thank you for your support in providing these education opportunities for our local students! Questions? 1 HARNETT COUNTY PROMISE MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (hereinafter referred to as “MOU”) is made and entered into this ______ day of _________________, 2021 20212023, by and between The Trustees of Central Carolina Community College (hereinafter referred to as “Trustees”), the governing body of Central Carolina Community College (hereinafter referred to as “College”) and the County of Harnett, (hereinafter referred to as “County”) a body politic and corporate of the State of North Carolina. WHEREAS, the College is a public two-year college serving the residents of several counties, including Harnett County; WHEREAS, the Harnett County Board of Commissioners (hereinafter referred to as “Board”), as the governing body for Harnett County, is tasked with improving the quality of life for the citizens of Harnett County; WHEREAS, the Trustees, the College and County desire to establish the Harnett County Promise, a K-14 program to benefit qualified Harnett County students by providing high school graduates a debt-free pathway to college credentials; WHEREAS, the Harnett County Promise program (hereinafter referred to as the “Program”) guarantees up to two (2) years of free in-state tuition and required fees at the College for all eligible Harnett County residents who graduate from a public high school, from a private school located within Harnett County or from a home school while residing in Harnett County in 2019, 2020, 2021 and 2022; and WHEREAS, the Trustees, College and County are willing and able to participate in the funding, administration and facilitation of the Harnett County Promise program to benefit not only the students of Harnett County, but the entire community of Harnett County. NOW, THEREFORE, in consideration of the promises and covenants of the parties herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree to the following: I. STUDENT SELECTION CRITERIA AND REQUIREMENTS A. Eligible Students will meet the following criteria: 1. Be a legal resident of Harnett County for at least a minimum of twelve (12) continuous months prior to the beginning of the fall semester. 2. Be a high school graduate from a public, or private, or charter school located within Harnett County, or a qualified home school as defined by North Carolina General Statute §115C-564 while residing in Harnett County, who will attend 2 the College as a degree-seeking or credential-seeking student within the two- year eligibility period following his or her high school graduation. Students will be required to register for approved courses within their active curriculum or continuing education program of study. 3. Have successfully completed at least four dual-enrollment courses or 12 dual- enrollment credit hours. This requirement is waived for 2019 graduates. 4. Have completed Completed the Free Application for Federal Student Aid (“FAFSA”) and submitted all requested verification documents (if applicable) and completed the College’s Foundation scholarship application by the advertised deadline. These documents must be submitted on an annual basis. B. For students who meet all of the criteria set forth in Section I.A., the student’s tuition and required fees at the in-state rate for two years will be covered by the Program. Students who receive an out-of -state designation from the Residency Determination Service (RDS) will be required to pay the difference in tuition rate. B. C. 1. Funding from federal and state grants, scholarships and outside funding must be exhausted before the Program begins paying a student’s tuition and required fees. The College will include on the invoice the number of students enrolled in the program and the number of credit hours each student is taking. 2. The two years of eligibility begins in the fall semester after high school graduation and ends following the spring semester of the second year after high school graduation. The summer term between year one and year two is included. No extensions will be granted. 3. Textbooks, supplies and other supplemental materials are not covered under the Program. D.C. Additional Student Requirements: 1. Students interested in participating in the program must call (919) 718 -7542, email promisek14@cccc.edu, or visit www.cccc.edu/promise for more information. College will not automatically award to students . 2. Once enrolled, students must continuously meet the financial aid Satisfactory Academic Progress standards outlined by the state and federal government. This means students must maintain at least a 2.0 cumulative GPA and complete at least 67% of all courses attempted at the College. 3 II. DUTIES AND RESPONSIBILITIES OF THE PARTIES: A. County 1. County will provide funding for the Program based on estimates provided by the College. This includes up to $210,000 $250,000 for Fiscal Year (“FY”) 2020 2023, up to $420,000 $250,000 for FY 2021 2024, up to $420,000 $250,000 for FY 2022 2025, up to $420,000 $250,000 for FY 2023 2026, and up to $210,000 $100,000 for FY 2024 2027 for students entering their second year of eligibility under the Program. County shall not be responsible for any funding that exceeds the estimates for each FY. 2. County will reimburse the College within thirty (30) days upon receipt of invoices setting forth the related expenditures for the semester. B. College 1. College will invoice County for all applicable tuition and fees prior to the end of each fall semester and spring semester. Invoices shall indicate that all other funding sources have been exhausted prior to the use of the Program funds. College will also provide County with separate documentation at the end of each fall and spring semester containing a breakdown of the areas of study of the students in the Program. 2. College will assign appropriate staff to market the program to eligible high school graduates, collect paperwork from participants, ensure eligibility for the Program, make awards, monitor progress, and register verify that students are registered for appropriate classes in their desired pathways. 3. College will allow County to review/inspect any documents associated with the Program provided there are no Family Educational Rights and Privacy Act of 1974 (“FERPA”) restrictions. 4. College will present a detailed report of the Program annually to the Board at a regularly scheduled Board meeting. III. TERM This MOU shall remain in full force and effect for the five -year period of the Program. Prior to the FY 2024 budget being completed and passed, the College will review all data related to the Program (ex. number of graduates, success rates, transfer rates, etc.) and decide on future appropriations to continue the Program. Shall the parties agree to continue the Program, the parties shall enter into a new MOU at such time. IV. TERMINATION 4 This MOU may be terminated, without cause, by either party upon 90 days written notice to the other party. Termination by either party prior to the end of the term of this MOU shall not affect the students already receiving financial aid through the Program or who have been accepted into the Program. Upon termination of this MOU, County and College shall continue to comply with the applicable duties and responsibilities set forth in Section II for all students previously accepted or enrolled in the Program until said students either complete their two years of eligibility or fail to meet the requirements set forth in Section I. College shall not accept any additional students into the Program upon receipt of notice of termination from County. V. GENERAL PROVISIONS A. Governing Law: This MOU is made under and shall be governed, construed and enforced in accordance with the laws of the State of North Carolina, without regard to conflict of laws rules. B. Non-Discrimination: Any discrimination by either party or their agents or employees on account of race, color, sex, age, religion, or national origin in relation to the performance of any obligations is prohibited. C. Assignment: No assignment of either parties’ duties or responsibilities shall be permitted unless agree to in writing and signed by all parties. D. Amendments: This MOU may only be amended in writing and duly executed by all parties. E. Notice: Notices given pursuant to this MOU shall be sufficient if in writing and sent by certified mail, return receipt requested, to such addresses the parties may designate from time to time in writing. Notice shall be deemed to be given and received three days after being sent certified mail to the appropriate addresses. At the time of execution of this MOU, the addresses of the parties are as follows: COUNTY OF HARNETT: Paula StewartBrent Trout County Manager Post Office Box 759 Lillington, North Carolina 27546 With copy to: Dwight SnowMonica L. Jackson Senior County Staff Attorney Post Office Box 238759 Lillington, North Carolina 27546 CENTRAL CAROLINA COMMUNITY COLLEGE: Dr. T.E. MarchantLisa M. Chapman 5 President 1105 Kelly Drive Sanford, North Carolina 27330 THE TRUSTEES OF CENTRAL CAROLINA COMMUNITY COLLEGE: Julian Philpott Chairman 1105 Kelly Drive Sanford, North Carolina 27330 F. Entire Agreement: This MOU contains all the terms and conditions agreed upon by the parties regarding the subject matter of the MOU and supersedes any prior agreements, releases, or stipulations, oral or written, and all other communications between the parties relating to such subject matter. Should any provision of this MOU require judicial interpretation, it is agreed that the court interpreting or construing the same shall give the terms their regular meaning and shall not apply a presumption that the terms hereof shall be more strictly construe d against one party. G. Relationship of the Parties: This MOU does not create a partnership or a joint venture between the parties hereto, nor does it authorize either party to serve as the legal representative or agent of the other. Neither party will have any right or authority to assume, create, or incur any liability or any obligation of any kind, expressed or implied, against or in the name of or on behalf of the other party. H. Severability: If any provision of this MOU is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this MOU, the validity and enforceability of the remaining provisions of this MOU shall not be affected thereby. I. Waiver: Any waiver of any provision hereof shall not be effective unless expressly made in writing and executed by the party to be charged. The failure of any party to insist on performance of any term or condition of this MOU shall not be construed as a waiver or relinquishment of any rights granted hereunder or the further performance of any such term, covenant or condition, and the obligations of the parties with respect thereto shall continue in full force and effect. J. Counterparts: This MOU may be executed in multiple counterparts, each of which will be deemed to be an original copy of this MOU and all of which, when taken together will be deemed to constitute one and the same MOU. A telecopy, facsimile, scanned copy (for example, in pdf or jpeg format) or other similar reproduction of a signature of this MOU shall have the same effect as an original for all purposes. K. Force Majeure: Neither party to this MOU shall be required to perform any term, condition or covenant in this agreement so long as performance is delay or 6 prevented by an act of God, strikes, lockouts, mate rial or labor restriction by a governmental authority, civil riots, floods or any other cause not reasonably within the control of either party to this MOU and which by the exercise of due diligence such party is unable, wholly or in part, to prevent or overcome. L. E-verify: All parties shall comply with the requirements of Article 2 Chapter 64 of the North Carolina General Statutes, “Verification of Work Authorization,” and will provide documentation reasonably requested by any party to this MOU demonstrating such compliance. M. Captions: The captions and headings contained in this MOU are for convenience of reference only and in no way limit or enlarge the terms and conditions of this MOU. N. Authority: The signers of this MOU hereby represent and warrant that they have the authority to execute this MOU on behalf of their respective entities. Remainder of Page Left Blank Intentionally Signature Page to Follow 7 8 IN WITNESS THEREOF, the parties hereto have caused this MOU to be executed on their behalves. COUNTY OF HARNETT __________________________________ ___________ Gordon SpringleMatt Nicol Chairman ATTEST: ____________________________ Melissa Capps, Clerk CENTRAL CAROLINA COMMUNITY COLLEGE ________________________________________________ Dr. Lisa M. Chapman President ATTEST: ____________________________ Lorraine Whitaker, Secretary THE TRUSTEES OF CENTRAL CAROLINA COMMUNITY COLLEGE _____________________________________________ Julian Philpott Chairman ATTEST: ____________________________ Lorraine Whitaker, Secretary S:\Clerk to the Board docs\AGENDAS\2023\031423 ws\5.a.1 Harwell_Agenda Form.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: March 20, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Zoning Change: Case # PLAN2301-0001 REQUESTED BY: Mark Locklear, Development Services REQUEST: Landowner / Applicant: Charles W Harwell; 9.15 +/- acres; Pin # 9576-43-9434.000; From Commercial/Conservation to RA-20R/Conservation Zoning District; NC Hwy 87 S ; Barbecue Township Development Services staff recommends approval based on compatabilty with the Land Use Plan. Additional Information: At their March 6th meeting, the Harnett County Planning Board voted unanimously (5- 0) to recommend approval of application based on compatibility with the Land Use Plan as well as the amount of residentially zoned parcels in this area. • No one spoke in opposition FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 5 STAFF REPORT Page 1 of 6 REZONING STAFF REPORT Case: PLAN 2301-0001 Sarah Arbour, Planner II sarbour@harnett.org Phone: (910) 814-6414 Fax: (910) 814-8278 Planning Board: March 6, 2023 County Commissioners: March 20, 2023 Requesting a Rezoning from Commercial to RA-20R Applicant Information Owner of Record: Applicant: Name: Charles W. Harwell Name: Charles W. Harwell Address: 351 Highland Forest Drive Address: 351 Highland Forest Drive City/State/Zip: Sanford, NC 27332 City/State/Zip: Sanford, NC 27332 Property Description PIN(s): 9576-43-9434.000 Acreage: 9.15 Address/SR No.: NC 87 S 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 Vicinity Map STAFF REPORT Page 2 of 6 Physical Characteristics Site Description: The parcel is undeveloped and generally densely wooded. This is an environmentally sensitive parcel due to the proximity of a nearby creek. There are wetlands present throughout the parcel, and a considerable portion of the parcel is located within the 100-year flood plain. Surrounding Land Uses: Single family residential and undeveloped land. Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Daily Traffic Count is 22,500 daily trips for this section of NC 87 S. Site Distances: Good STAFF REPORT Page 3 of 6 Commercial Conservation RA-20R RA-20M Compact Mixed Use Environmentally Sensitive Areas Low Density Residential Zoning District Compatibility . Current Commercial Requested RA-20R Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X Manufactured Homes, (with design criteria) Manufactured Homes X Multi-Family X Institutional X X Commercial Services X X (with SUP) Retail X Wholesale X (with SUP) Industrial Manufacturing The following is a summary list of potential uses. For all applicable uses for each Zoning district please refer to the UDO’s Table of Uses Land Use Classification Compatibility ZONING LAND USE RA-20R Environmentally Sensitive Areas/LDR 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 X X Institutional X X Commercial Service X (With SUP) Retail Wholesale Industrial Manufacturing The above is a summary list of potential uses. For all applicable uses for each Zoning district, please refer to the UDO’s Table of Uses. STAFF REPORT Page 4 of 6 Site Photographs Site Site NC 87 Street View - North NC 87 Street View- South STAFF REPORT Page 5 of 6 Across NC 87 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 impact to the adjacent property owners and surrounding community is reasonable. The surrounding properties are zoned RA-20R, the zoning classification requested, and the surrounding properties are undeveloped or used for single family residential purposes. The uses permitted in the requested zoning district are less intensive than the uses permitted in the current zoning district, and development of the subject property under the requested zoning may result in a lesser impact to the surrounding properties than if developed in the current zoning designation. 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 classifications. The subject property has two land use classifications, Low Density Residential and Environmentally Sensitive Areas. These land use classifications are compatible with low density development patterns that discourage intrusive development in areas of wetlands and minimize property damage in areas subject to flooding. The permitted uses in the requested zoning are more compatible than the uses permitted in the current zoning district. Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning will enhance the public health, safety and general welfare with potential development that is compatible with the surrounding property uses, zoning district, and underlying land uses. Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: The request to rezone the parcel from Commercial to RA-20R is not a small-scale rezoning and does not require an evaluation for reasonableness. The adjacent properties are zoned RA-20R, and the uses permitted in the requested zoning district are compatible with the land use classifications. Suggested Statement-of-Consistency (Staff concludes that…) As stated in the evaluation, the requested rezoning to RA-20R is compatible with the Harnett County Land Use Plan and would not have an unreasonable impact on the surrounding community because of the compatible existing residential land uses and the zoning classification in this area. It is recommended that this rezoning request be APPROVED. STAFF REPORT Page 6 of 6 Additional Information On March 6, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this rezoning due to the residential nature of this area. - No one spoke in opposition Standards of Review and Worksheet TYPICAL REVIEW STANDARDS The Planning Board shall consider and make recommendations to the County Board of Commissioners concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning Board concerning zoning districts and no proposed zoning district will receive favorable recommendation unless: Yes No A. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. Yes No B. There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. Yes No C. There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) Yes No D. There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. Yes No E. The proposed change is in accordance with the comprehensive plan and sound planning practices. GRANTING THE REZONING REQUEST Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above findings of fact A-E being found in the affirmative and that the rezoning advances the public interest. DENYING THE REZONING REQUEST 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 proposal will not place all property similarly situated in the area in the same category, or in appropriate complementary categories. There is not convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. There is not convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) There is not convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. The proposed change is not in accordance with the comprehensive plan and sound planning practices. The proposed change was not found to be reasonable for a small scale rezoning S:\Clerk to the Board docs\AGENDAS\2023\031423 ws\5.b.1 JFP Properties.Hodges Chapel_Agenda Form.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: March 20, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Zoning Change: Case # PLAN2302-0001 REQUESTED BY: Mark Locklear, Development Services REQUEST: JPF Properties, LLC; 10.91 +/- acres; Pin #’s 1537-26-3967.000 & 1537-27-3212.000; From RA-30 to Commercial Zoning District; SR # 1709 (Hodges Chapel Rd); Averasboro Township Development Services staff recommends approval based on compatabilty with the Land Use Plan. Additional Information: At their March 6th meeting, the Harnett County Planning Board voted unanimously (5- 0) to recommend approval of application based on compatibility with the Land Use Plan as well as the amount of Industrial and Commercial zoned parcels in this area. • No one spoke in opposition FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: STAFF REPORT Page 1 of 6 REZONING STAFF REPORT Case: PLAN 2302-0001 Sarah Arbour, Planner II sarbour@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: March 6, 2023 County Commissioners: March 20, 2023 Requesting a Rezoning from RA-30 to Commercial Applicant Information Owner of Record: Applicant: Name: JPF Properties Name: JPF Properties Address: 1560 George Perry Lee Rd. Address: 1560 George Perry Lee Rd. City/State/Zip: Dunn, NC 28334 City/State/Zip: Dunn, NC 28334 Property Description PIN(s): 1537-27-3212.000 & 1537-26-3967.000 Acreage: +/- 10.91 Address/SR No.: Hodges Chapel Rd., Dunn, NC 28334 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 Vicinity Map STAFF REPORT Page 2 of 6 Physical Characteristics Site Description: The parcels are currently vacant, undeveloped land previously used for agricultural purposes. Surrounding Land Uses: Single family residential, several non-residential uses, as well as undeveloped land & agricultural uses. Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Daily Traffic Count is 1,400 daily trips for this section of Hodges Chapel Rd. Site Distances: Good STAFF REPORT Page 3 of 6 Zoning District Compatibility CURRENT REQUESTED RA-30 Commercial Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X Manufactured Homes, (with design criteria) X Manufactured Homes Multi-Family X (with SUP) Institutional X X Commercial Services X (with SUP) X Retail X Wholesale X (with SUP) Industrial Manufacturing The following is a summary list of potential uses. For all applicable uses for each Zoning district please refer to the UDO’s Table of Uses. Land Use Classification Compatibility ZONING LAND USE Commercial EMU Parks & Rec X X Natural Preserves X X Bona Fide Farms X Single Family Manufactured Homes, Design Regulated Manufactured Homes Multi-Family X Institutional X X Commercial Service X X Retail X X Wholesale X X Industrial X (with SUP) X Manufacturing X The above is a summary list of potential uses. For all applicable uses for each Zoning district please refer to the UDO’s Table of Uses. RA-30 RA-20M Industrial Commercial Dunn ETJ Employment Mixed Use Low Density Residential Agricultural Dunn ETJ STAFF REPORT Page 4 of 6 Site Photographs Site Site Across Street STAFF REPORT Page 5 of 6 Street View – Hodges Chapel Rd. Street View – Hodges Chapel Rd. 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 impact to the surrounding community is reasonable as there are several nonresidential uses in this area. Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to Commercial is compatible with Land Use classification, Employment Mixed Use. The Employment Mixed Use land use classification encourages economic development, and the uses permitted in the proposed zoning support economic growth. Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning would maintain the public health, safety and general welfare due to area’s existing commercial uses in the area, as well as the potential site improvements that would be required. Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Due to the Land Use compatibility and the proximity of the proposed zoning to the subject property, this rezoning request does not need to be evaluated for Small Scale Rezoning. STAFF REPORT Page 6 of 6 Suggested Statement-of-Consistency (Staff concludes that…) As stated in the evaluation, the requested rezoning to Commercial would not have an unreasonable impact on the surrounding community based on compliance with the County’s Land Use Plan, as well as the existing nonresidential uses in this area. Therefore, it is recommended that this rezoning request be APPROVED. Additional Information On March 6, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this rezoning due to the nonresidential uses in this area. - No one spoke in opposition Standards of Review and Worksheet TYPICAL REVIEW STANDARDS The Planning Board shall consider and make recommendations to th e County Board of Commissioners concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning Board concerning zoning districts and no proposed zoning district will receive favorable recommendation unless: Yes No A. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. Yes No B. There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. Yes No C. There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) Yes No D. There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. Yes No E. The proposed change is in accordance with the comprehensive plan and sound planning practices. GRANTING THE REZONING REQUEST Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above findings of fact A-E being found in the affirmative and that the rezoning advances the public interest. DENYING THE REZONING REQUEST 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 proposal will not place all property similarly situated in the area in the same category, or in appropriate complementary categories. There is not convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. There is not convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) There is not convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. The proposed change is not in accordance with the comprehensive plan and sound planning practices. The proposed change was not found to be reasonable for a small scale rezoning S:\Clerk to the Board docs\AGENDAS\2023\031423 ws\5.c.1 JFP Propterties.Robin Hood_Agenda Form.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: March 20, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Zoning Change: Case # PLAN2302-0002 REQUESTED BY: Mark Locklear, Development Services REQUEST: JPF Properties, LLC; 8.88 +/- acres; Pin # 1538-32-2851.000; From RA-20R to Commercial Zoning District; SR # 1840 (Robin Hood Rd); Averasboro Township Development Services staff recommends approval based on compatabilty with the Land Use Plan. Additional Information: At their March 6th meeting, the Harnett County Planning Board voted unanimously (5- 0) to recommend approval of the application based on compatibility with the Land Use Plan as well as the amount of non-residentially zoned parcels in this area. • No one spoke in opposition FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: STAFF REPORT Page 1 of 8 REZONING STAFF REPORT Case: PLAN 2302-0002 Sarah Arbour, Planner II sarbour@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: March 6, 2023 County Commissioners: March 20, 2023 Requesting a Rezoning from RA-20R to Commercial Applicant Information Owner of Record: Applicant: Name: JPF Properties LLC Name: JPF Properties LLC Address: 1560 George Perry Rd. Address: 1560 George Perry Rd. City/State/Zip: Dunn, NC 28334 City/State/Zip: Dunn, NC 28334 Property Description PIN(s): 1538-32-2851.000 Acreage: +/- 8.88 Address/SR No.: Robin Hood Rd., Dunn, NC 28334 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 Vicinity Map STAFF REPORT Page 2 of 8 Physical Characteristics Site Description: The parcel is vacant and unimproved. Surrounding Land Uses: Single family dwellings, undeveloped land & agricultural uses, as well as several non-residential uses including a solar energy facility, educational services, a communication tower and an outdoor advertising sign. Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Daily Traffic Counts for these sections of Robin Hood Rd. and Fairview Rd. are not available Site Distances: Good STAFF REPORT Page 3 of 8 Zoning District Compatibility CURRENT REQUESTED RA-20R Commercial Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X Manufactured Homes, (with design criteria) Manufactured Homes X Multi-Family X Institutional X X Commercial Services X (with SUP) X Retail X Wholesale X (with SUP) Industrial Manufacturing The following is a summary list of potential uses. For all applicable uses for each Zoning district please refer to the UDO’s Table of Uses. Land Use Classification Compatibility The above is a summary list of potential uses. For all applicable uses for each Zoning district please refer to the Udo’s Table of Uses. ZONING LAND USE Commercial Employee Mixed Use Parks & Rec X X Natural Preserves X X Bona Fide Farms X Single Family X Manufactured Homes, Design Regulated Manufactured Homes Multi-Family X Institutional X X Commercial Service X X Retail X X Wholesale X Industrial X (with SUP) X Manufacturing Employee Mixed Use Agricultural Environmentally Sensitive Areas Low Density Residential RA-20R RA-30 Industrial Commercial Conservation STAFF REPORT Page 4 of 8 Site Photographs Site Photographs From Robbin Hood Rd. Site – Robbin Hood Rd. View Across Street Street View Facing South- Robbin Hood Rd. Street View Facing N. – Robbin Hood Rd. STAFF REPORT Page 5 of 8 Street View – Robbin Hood Rd. Construction to S. of Site Site Photographs From Farmview Rd. Site Site STAFF REPORT Page 6 of 8 Street View Facing North – Farmview Rd. Street View – Farmview Rd. facing South Across Street 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 impact to the surrounding community is reasonable due to the existing nonresidential uses in this area. Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to Commercial is compatible with Employment Mixed Use Land Use classification. The Employment Mixed Use land use is a development node that encourages opportunities for economic development along major thoroughfares. The uses permitted in the Commercial zoning district support the intent of the underlying land use. STAFF REPORT Page 7 of 8 Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning would maintain the public health, safety and general welfare due to area’s existing non-residential uses, as well as the potential site improvements that would be required. Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Due to the compatibility of the underlying land use with the requested zoning and the proximity of the requested zoning district to the subject property, the request to rezone this property from RA-20R to Commercial 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 Commercial would not have an unreasonable impact on the surrounding community based on compliance with the County’s Land Use Plan, as well as the existing nonresidential uses in this area. Therefore, it is recommended that this rezoning request be APPROVED. Additional Information On March 6, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this rezoning due to the I-95 location and the amount of existing nonresidential zoned parcels in this area. - No one spoke in opposition Standards of Review and Worksheet TYPICAL REVIEW STANDARDS The Planning Board shall consider and make recommendations to the County Board of Co mmissioners concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning Board concerning zoning districts and no proposed zoning district will receive favorable recommendation unless: Yes No A. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. Yes No B. There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. Yes No C. There is convincing demonstration that all uses permit ted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) Yes No D. There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. Yes No E. The proposed change is in accordance with the comprehensive plan and sound planning practices. GRANTING THE REZONING REQUEST Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above findings of fact A-E being found in the affirmative and that the rezoning advances the public interest. DENYING THE REZONING REQUEST 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 proposal will not place all property similarly situated in the area in the same category, or in appropriate complementary categories. STAFF REPORT Page 8 of 8 There is not convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. There is not convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) There is not convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. The proposed change is not in accordance with the comprehensive plan and sound planning practices. The proposed change was not found to be reasonable for a small scale rezoning S:\Clerk to the Board docs\AGENDAS\2023\031423 ws\5.d.1 Land Use TA_Agenda Form.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: March 20, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Text Amendment: Case #PLAN2302-0003 REQUESTED BY: Mark Locklear, Development Services REQUEST: Applicant: Harnett County Development Services; Harnett County Unified Development Ordinance; Article XII, Sections 2.6.1. To amend Harnett County’s U.D.O Land Use Plan Amendments Section. Development Services staff recommends approval based on compatabilty with the County regulatory documents. Additional Information: At their March 6th meeting, the Harnett County Planning Board voted unanimously (5- 0) to recommend approval of the text amendment as written, specifically because the County is undergoing the process to update the Comprehensive Land Use Plan. • No one spoke in opposition FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Page 1 of 2 TEXT AMENDMENT REQUEST FORM (Internal) Development Services 420 McKinney Pkwy. P.O. Box 65, Lillington, NC 27546 Phone: (910) 893-7525 Fax: (910) 893-2793 Case: PLAN2302-0003 Planning Board: March 6, 2023 County Commissioners: March 20, 2023 Applicant Information 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: XII Sections: 2.6.1 Current Text: See attached Proposed Text: (Attach additional sheets if necessary) See attached Reason for Requested Change: To amend Harnett County’s U.D.O. Article XII, Section 2.6 Land Use Plan Amendments, 2.6.1 General Land Use Plan Amendments Suggested Statement-of-Consistency: (Staff concludes that…) The requested Text Amendment is compatible with Harnett County regulatory documents and the benefits outweigh any potential inconvenience or harm to the community. Therefore, it is recommended that this Text Amendment request be APPROVED Additional Information On March 6, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this Text Amendment, specifically due to fact that the County is undergoing the process to update the Plan. - No one spoke in opposition Page 2 of 2 ATTACHMENT 1 Red text is proposed Article XII. Amendments, Hearing Procedures, Appeals, & Variances Section 2.0 Amendments 2.6 Land Use Plan Amendments 2.6.1 General Land Use Plan Amendments Amendments to the Land Use Plan shall be considered for approval following the same procedure for filing a text amendment of this Ordinance, as outlined herein. For the purposes of this Ordinance, an amendment to the Land Use Plan shall be considered as such in regards to advertising, public hearings, and all other similar requirements. These amendments shall be considered twice a year with at least a two month staff review time period after an application has been received. Specific dates shall be published by Development Services at the beginning of the calendar year. Harnett County Board of Commissioners Page | 1 AN ORDINANCE AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17, 2011 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A-340; and WHEREAS, the UDO contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to the article of the UDO as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Harnett County Unified Development Ordinance Article VII: Amendments, Hearing Procedures, Appeals, & Variances, Section 2.6.1 General Land Use Amendments; of the UDO shall be amended to read as indicated in “Attachment”. “Attachment” is filed with the Unified Development Ordinance in the Clerk to the Board’s Office. Duly adopted this 20th day of March 2023 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS _______________________________ Matthew Nicol, Chairman ATTEST: ____________________________________ Melissa D. Capps, Clerk Harnett County Board of Commissioners Page | 2 ATTACHMENT Article XII. Amendments, Hearing Procedures, Appeals, & Variances Section 2.0 Amendments 2.6 Land Use Plan Amendments 2.6.1 General Land Use Plan Amendments Amendments to the Land Use Plan shall be considered for approval following the same procedure for filing a text amendment of this Ordinance, as outlined herein. For the purposes of this Ordinance, an amendment to the Land Use Plan shall be considered as such in regards to advertising, public hearings, and all other similar requirements. These amendments shall be considered twice a year with at least a two month staff review time period after an application has been received. Specific dates shall be published by Development Services at the beginning of the calendar year. S:\Clerk to the Board docs\AGENDAS\2023\031423 ws\7.1 Nonprofit Agenda Form 3.20.2023.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: March 20, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Nonprofit Funding Agreements ($1.5 Million State Appropriations) REQUESTED BY: County Manager's Office (Ally Fouts) REQUEST: In the State of North Carolina's most recent budget, $1.5 million was allocated to Harnett County to be passed along to 46 entities, as decided by Senator Burgin. Administration is requesting approval of the funding agreement with Central Carolina Community College. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 7