05/21/07 Zoning Moratorium Property in the Stewarts Creek Township OrdinanceAN ORDINANCE ALLOWING A SIXTY DAY MORATORIUM ON
ALL DEVELOPMENT APPROVALS FOR PROPERTY
LOCATED WITHIN THE AREA DESIGNATED FOR
ZONING PURSUANT TO A VOLUNTARY PETITION
FOR ZONING IN THE STEWART'S CREEK TOWNSHIP
OF HARNETT COUNTY, NORTH CAROLINA
WHEREAS, on April 13, 2007, a Petition for Zoning was received by the Harnett
County Planning Department; and
WHEREAS, on April 16, 2007, at the Harnett County Board of Commissioners
Meeting, Petitioners requested a moratorium on all development for property located
within the area designated for zoning pursuant to the Voluntary Petition for Zoning in the
Stewart's Creek Township of Harnett County, North Carolina (sometimes referred to as
"Designated Petition for Zoning Area ") until the zoning petition had been evaluated and a
determination as to the merits of the petition had been made; and
WHEREAS, N.C.G.S. §153A -340 provides that "counties may adopt temporary
moratoria on any county development approval as required by law ", and that "the
duration of any moratorium shall be reasonable in light of the specific conditions that
warrant imposition of the moratorium and may not exceed the period of time necessary to
resolve such conditions. "; and
WHEREAS, the Harnett County Board of Commissioners finds that in the interest
of the public health, safety and general welfare, it is necessary to establish a sixty (60)
day moratorium on all development approvals for property located within the Designated
Zoning Area; and
WHEREAS, the Harnett County Board of Commissioners finds that a sixty (60)
day moratorium for property located within the area designated for zoning is reasonable
in light of the specific conditions that warrant imposition of the moratorium in that:
1. the Harnett County Planning Department, Harnett County Planning
Board and the Harnett County Commissioners need an opportunity
to evaluate the Petition for Zoning; and
2. a moratorium will ensure that development in the proposed
Designated Petition for Zoning Area takes place in an orderly
manner that protects and enhances the appearance of the County;
and
3. a moratorium will prevent the submission of development
applications, some of which may attempt to circumvent proposed
zoning regulations prior to the implementation of zoning. if
granted, in the Designated Petition for Zoning Area, which would
only perpetuate the conditions and problems with disorderly
development and suitability of particular uses in particular areas.
S
WHEREAS, the Harnett County Board of Commissioners find that, based on an
evaluation by the Harnett County Planning Staff of the County's application processing
and development review systems, that the only reasonable course of action is the
institution of a moratorium on all development in the Designated Petition for Zoning area
and that alternative courses of action are deemed inadequate; and
WHEREAS, the Harnett County Commissioners have given due public notice of
the hearing relating to the adoption of a moratorium for the Designated Petition for
Zoning Area in the Stewart's Creek Zoning District and have held such public hearing.
NOW, THEREFORE, BE IT ORDAINED BY HARNETT COUNTY, NORTH
CAROLINA, AS FOLLOWS:
Authority. The provisions of this Ordinance are adopted under authority
granted by the General Assembly of North Carolina (General Statutes
153A -340).
2. Jurisdiction. The moratorium as set forth in this Ordinance shall be
applicable within the area shown on the Stewart's Creek Zoning Map,
attached hereto as Exhibit A, and incorporated as if fully set forth herein.
3. Effective Date of Ordinance. This Ordinance shall be effective
immediately upon adoption of this Ordinance by the Harnett County
Board of Commissioners.
4. Development Affected. This Ordinance shall impact all development
permits in the Designated Petition for Zoning Area, as shown on the
Stewart's Creek Zoning Map attached hereto as Exhibit A, and
incorporated as if fully set forth herein.
5. Development Moratorium Adopted. No development permits for new
uses or construction shall be granted in the Designated Petition for Zoning
Area, as shown on the Stewart's Creek Zoning Map, attached hereto as
Exhibit A, and incorporated as if fully set forth herein. This Ordinance
shall not apply to any project for which a valid building permit issued
pursuant to N.C.G.S. §153A -357 is outstanding, to any project for which a
conditional use permit application or special use permit application has
been accepted, to development set forth in a site - specific or phased
development plan approved pursuant to N.C.G.S. §153A- 344.1, to
development for which substantial expenditures have already been made
in good faith reliance on a prior valid administrative or quasi- judicial
permit or approval, or to preliminary or final subdivision plats that have
been accepted for review by the County prior to the call for public hearing
to adopt the moratorium.
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6. Termination Date of Ordinance. This Ordinance shall terminate at the
adjournment of the Harnett County Board of Commissioners' Meeting
held on July 16, 2007.
7. Statement of Necessity of Moratorium and of its Duration. This
Ordinance, and its duration, is necessary in order to provide the Harnett
_
County Planning Department, Harnett County Planning Board and the
Harnett County Board of Commissioners adequate time to evaluate the
zoning petition and make determinations during the course of their next
regularly scheduled meetings. This Ordinance will ensure that
development in the proposed Designated Petition for Zoning Area takes
place in an orderly manner that protects and enhances the appearance of
the County. This Ordinance will prevent the submission of development
applications, some of which may attempt to circumvent proposed zoning
regulations prior to the implementation of zoning, if granted, in the
Designated Petition for Zoning Area, which would only perpetuate the
conditions and problems with disorderly development and suitability of
particular uses in particular areas.
8. Statement of Action Items. Action items which have been or are proposed
to be taken during the duration of this Ordinance to address the problems
or conditions leading to imposition of this Ordinance are as follows:
a. May 21, 2007: Approval of Moratorium Ordinance
b. May 21, 2007: Staff report of Zoning Petition Complete
C. May 25, 2007: Public Hearing Sign Posted
d. May 25, 2007: Notification Letters Mailed to Subject and
Adjacent Property Owners
e. June 4, 2007: Public Hearing before Harnett County
Planning Board
f June 18, 2007: Public Hearing before Harnett County
Commissioners
Dulyadopfed-this the _Ul_ day of WA. V 12007.
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ATTEST:' -
KAY B ANCHARD, CLERK TO THE BOARD
3
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Board Meeting
Agenda Item
MEETING DATE: May 21, 2007
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Proposed 60 Day Moratorium
REQUESTED BY: Joseph Jeffries, Planning Director
REQUEST:
Public Hearing
On April 13, 2007 a Petition for Zoning for certain areas of Stewart's Creek Township was
submitted to the Harnett County Planning Department.
At the April 16, 2007 County Commissioners meeting Amy Driggers, the primary
representative for the petitioners, requested a moratorium on all development for the
designated area until the zoning petition had been evaluated and a determination made.
A total of 101 properties are being requested to be zoned and 2700.7 acres.
27 petitioners
8 properties that did not sign but were contacted.
66 properties added by Planning Dept.
The petition will be reviewed by the Harnett County Planning Board on June 4, 2007 and the
Harnett County Board of Commissioners on June 18, 2007.
The Planning Department Staff evaluated the application processing and development review
systems and determined that the establishment of a short-term moratorium is the only
available course of action. The moratorium shall impact all development permits.
COUNTY MANAGER'S RECOMMENDATION:
In the past the Board has adopted a moratorium to allow time to consider requested zoning.
Therefore, I would recommend approval.
\\hcfilerl a\kblanchard\My documents\REQUESTS \2007 \052107morator.doc Page
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MORATORIUM STAFF REPORT
Case: 07 -2 -52
Harnett Christi Barthelme, Planner II
C O U N T Y cbarthelme @harnett.org
N 0 R r H (AF2OLNA Phone: (910) 893 -7525 Fax: (910) 893 -2793
County Commissioners Meeting: May 21, 2007
Reauestina 60 day moratorium for all development
Applicant Information
Owner of Record: Petitioners Point of Contact:
Name: Multiple Name: Amy Driggers
Address: Address: 9199 US Hwy 4015
City /State /Zip: City /State /Zip: Erwin, NC 28339
Property Description
101 Properties (27 petitioners, 8 contacted did not sign & 66 Added by HCPD) Acreage: 2700.07 acres
Address /SR No.: US 401 S, Horseshoe Bend Rd, Josey Williams Rd, New Life Ln, Byrds Pond Rd,
Huckleberry Lane, Koerner Lane, Byrds Mill Rd (Stewarts Creek Township)
PIN S: 0555 -95 -2188. 000. 0565 -59 -0091. 000. 0565 -59- 6068.000,0565 -59- 3281.000 0565 -s9- 5511.000.0565 -11- 1971.000
0565 -12- 3115. 000. 0565 -12- 1103. 000. 0565 -16- 8342.000. 0565 -15 -5528. 000, 0565 -12- 8014.000,0565 -21- 0939.000
0565 -22- 0182. 000. 0565 -12- 9183. 000. 0565 -33- 7138. 000. 0565 -32- 4591.000, 0565 -43- 5217.000.0565 -42- 4683.000
0565-87-4718.000, 0565-88 - 5288.000 0566 -60 -8236 000,0575-24-5015.000, 0575-13-4860.000 0575 -01- 1685.000
Reasoning
A clear statement of the problems or conditions necessitating the moratorium:
On April 13, 2007 a Petition for Zoning in Harnett County was submitted to the Harnett County
Planning Department. At the April 16, 2007 County Commissioners meeting Amy Driggers, the
primary representative for the petitioners, requested a moratorium on all development for the
designated area until the zoning petition had been evaluated and a determination made. The petition
will be reviewed by the Harnett Countv Planning Board on June 4- 2007 and the Harnett Countv
Board of Commissioners on June 18, 2007
What courses of action, alternative to a moratorium, were considered by the county?
Harnett Countv Plannina Deoartment Staff evaluated the application processing and develoDment
review systems and determined that the establishment of a short-term moratorium is thie only
available course of action.
Why were those alternative courses of action not deemed adequate?
Development Affected
A clear statement of the development approvals subject to the moratorium:
The moratorium shall impact all development permits.
Page 1 of 2 STAFF REPORT
Describe how a moratorium on those approvals will address the problems or conditions leading to
imposition of the moratorium:
The imposition of the moratorium will prevent developers from submitting plans for approval
immediately prior to a change in regulations for this area.
Timeline
An express date for termination of the moratorium
The moratorium shall end at the adjournment of the Harnett County Commissioners Meeting held on
July 16. 2007.
Statement setting forth why that duration is reasonably necessary to address the problems or conditions
leading to imposition of the moratorium.
This duration is necessary in order to provide the Harnett Countv Plannina Board and Harnett County
Commissioners adeauate time to evaluate the zoning petition and make a determination during the
course of their next regularly scheduled meetin
Action Items
A clear statement of the actions, and the schedule for those actions, proposed to be taken by the county
during the duration of the moratorium to address the problems or conditions leading to imposition of the
moratorium:
May 21, 2007• Approval of the Moratorium
May 21. 2007: Staff report for zoning petition complete
May 25, 2007: Public Hearing Sion Posted
May 25 2007• Notification letters mailed to subject & adiacent property owners
June 4 2007• Public Hearing before Harnett County Planning Board
June 18 2007• Public Hearing before Harnett County Commissioners
Page 2 of 2 STAFF REPORT
NOTICE OF PUBLIC HEARING
REGARDING SIXTY DAY MORATORIUM ON
ALL DEVELOPMENT APPROVALS FOR PROPERTY
LOCATED WITHIN THE AREA DESIGNATED FOR
REZONING PURSUANT TO A VOLUNTARY PETITION
FOR REZONING IN THE STEWART'S CREEK TOWNSHIP
OF HARNETT COUNTY, NORTH CAROLINA
A public hearing will be conducted by the Harnett County Board of Commissioners in the
County Commissioners' Meeting Room, in the Harnett County Administration Building,
102 East Front Street, Lillington, North Carolina, at 7:00 p.m. on Monday, May 21, 2007,
on the following:
Whether the Harnett County Board of Commissioners should establish a
sixty day temporary moratorium on all development approvals for
property within the area designated for rezoning pursuant to a voluntary
petition for rezoning in the Stewart's Creek Township of Harnett County,
North Carolina.
All persons interested in this matter are invited by the Board of Commissioners to attend
this public hearing and present their views with respect to whether the Board of
Commissioners should establish a sixty day temporary moratorium on all development
approvals for property within the area designated for rezoning pursuant to a voluntary
petition for rezoning in the Stewart's Creek Township of Harnett County, North Carolina.
Notice will be published in The Daily Record on Friday, May 11, 2007.
............................................... ...............................
Please bill: Harnett County Planning Services
Attn: Cathy Gardner
PO Box 65
Lillington, NC 27546
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