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PB packet_6.7.21 1 HARNETT COUNTY PLANNING BOARD Monday, June 7, 2021 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. Land Use Plan Amendment: Case # PLAN2105-0001 Landowner/Applicant: Owner of Record / Applicant: Woodshire Partners, LLC / 4D Site Solutions, Inc. Pin # 0506-88-4099.000; 72.6 acres. The applicant requests a Land Use Map Amendment from Agricultural & Rural Residential to Medium Density Residential Use; Anderson Creek Township. 5. Proposed Text Amendment: Case # PLAN2105-0002 Harnett County Unified Development Ordinance; Article VII, Sections 13.1, 13.2. To amend Harnett County’s U.D.O. where it pertains to bicycle & pedestrian facilities. 6. Proposed Text Amendment: Case # PLAN2105-0003 Harnett County Unified Development Ordinance; Article III; VII, XIV, Sections 2.0 & 4.0; 2.2; 2.0 & 4.0. To amend Harnett County’s U.D.O. in order to comply with North Carolina General Statute 160D. This amendment brings consistency to definitions as referenced in the newly adopted language of 160D. 7. Other Business 8. Adjourn *Due to the COVID-19 Restrictions set forth by Governor Roy Cooper and the Face Covering Proclamation adopted by the Harnett County Commissioners, face coverings and social distancing practices will be followed at this meeting.* Land Use Plan/ Map Amendment Development Services Department Case: PLAN2105-0001 Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: June 7, 2021 County Commissioners: June 21, 2021 Requesting an Amendment from Agricultural & Rural Residential to Medium Density Residential Applicant Information Owner of Record: Applicant: Name: Woodshire Partners, LLC Name: 4D Site Solutions, Inc Address: 291 Breezwood Av, Suite 100 Address: 409 Chicago Dr, Suite 112 City/State/Zip: Fayetteville, NC 28303 City/State/Zip: Fayetteville, NC 28306 Property Description PIN(s): 0506-88-4099 Acreage: 72.6 Address/SR No.: Nursery Rd (SR 1117) 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 and, per the application is the last remaining tract for the final phases of the existing development. All the other sections of this development have already the requested MDR land use classification. Surrounding land uses consist of single-family residences and several undeveloped parcels. Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Daily Traffic Count: 6,500 on Nursery Rd Site Distances: Moderate 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 Land Use classification change to Medium Density Residential will not have a negative impact on the surrounding properties as the same classification exists for adjacent properties. Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested Land Use classification is compatible with the existing Land Use as this classification is of a residential nature, and is the same classification as on the adjacent properties. Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested Medium Density Residential classification would enhance or maintain the public health, safety, and general welfare since the zoning will be maintained as RA-20R. Therefore, permitted uses, lot sizes, etc will remain the same. Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: The subject area is immediately adjacent to the designation of Medium Density Residential and therefore this does not need to be evaluated for a Small Scale amendment. Suggested Statement-of-Consistency (Staff concludes that…) As explained in the evaluation, the requested Land Use Map amendment is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community due to the existing Medium Density Residential designated areas adjacent to the property as well as the maintaining the current zoning district. Therefore, it is recommended that this reclassification request be APPROVED. Site Photographs Site Site & Street view Site & Street view Across the street TRADITIONAL STANDARDS OF REVIEW 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 APPLICATION FOR LAND USE AMENDMENT Page 1 of 2 APPLICATION FOR LAND USE PLAN AMENDMENT Planning Department 108 E. Front Street P.O. Box 65, Lillington, NC 27546 Phone: (910) 893-7525 Fax: (910) 893-2793 Total Fee: Receipt: Permit: Hearing Date: Applicant Information Owner of Record: Applicant: Name: Woodshire Partners, LLC Name: 4D Site Solutions, Inc Address: 2919 Breezwood Avenue, Suite 100 Address: 409 Chicago Drive, Suite 112 City/State/Zip: Fayetteville, NC 28303 City/State/Zip: Fayetteville, NC 28306 E-mail: DRHuff@HuffFamilyOffice.com E-mail: sbrown@4dsitesolutions.com Phone: 910-302-3608 Phone: 910-426-6777 Fax: 910-213-3012 Fax: 910-426-5777 Property Description PIN(s): 0506-88-4099.000 Acreage: 72.6 Acres Address/SR No.: SR 1117 (Nursery Road) Directions from Lillington: Take NC 27 south out of Lillington. Turn on Nursery Road and continue to head southwest for 2.3 miles. Project will be on south side of Nursery Road Deed Book: 3466 Page: 969 Plat Book: Page: Existing Land Use Class*: PA ESA CDTA MCB ARR LDR MDR RC CMU EMU Requested Land Use Class*: PA ESA CDTA MCB ARR LDR MDR RC CMU EMU Township: (07) Grove (08) Hectors Creek (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 Attachments • Written description of property from recorded deed • Recorded map of property at scale of not less than one (1) inch = 200 feet • Explanation of why the land use change is requested, addressing applicable portions of the current Land Use Plan APPLICATION FOR LAND USE AMENDMENT Page 2 of 2 *Explanation of Land Use Classifications: Protected Areas (PA): Parks and other forms of protected open space, including large conservation easements. Environmentally Sensitive Areas (ESA): Environmentally sensitive areas, including floodplains and areas located in the Conservation Overlay Zoning District. Primary uses in these areas would be open space, forestry, and agriculture. Compatibility Development Target Areas (CDTA): Areas where water and sewer is readily available and residential developments are recommended to take advantage of the Compatibility Development option in the Unified Development Ordinance (UDO). This option allows for greater flexibility in lot sizes in exchange for higher amounts of open space. This allows for clustering development in order to preserve rural views and key natural features such as habitat corridors and farmland. Military Corridor Buffer (MCB): Critical and Important to Conserve Lands as identified by the Fort Bragg JLUSE within 1 mile of the base and parcels > 50 acres within ½ mile of Fort Bragg. Except those lands with existing or pending development (i.e. Lexington Plantation, Anderson Creek Club, Walmart), proposed Compact Mixed Use Areas, and lands east of Ray Road. Proposed development in these areas is meant to be reviewed by the Federal Government to ensure compatibility with Fort Bragg operations. Agricultural and Rural Residential (ARR): Primarily agricultural and forestry uses with some rural residential areas. These areas are located outside of existing and future sewer service areas and rely on septic systems for wastewater treatment. They have a limited road network and in some cases lie within High Quality Watershed or Water Supply Watershed areas. The lack of utility and transportation infrastructure, the established low density development pattern and ongoing agricultural activities in these areas contribute to their rural character. This character can be enhanced by encouraging only low intensity uses, single family residential up to one unit per acre and context sensitive rural design. Low Density Residential (LDR): 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 (MDR): 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. Rural Centers (RC): Small scale commercial centers. The exact location and extent of the Rural Centers will be market driven, however, the non-residential footprint will usually be less than 50,000 square feet in these areas. Compact Mixed Use (CMU): These areas are meant to be nodes or activity centers for growing areas in the County. They are located near concentrations of existing or planned residences, and areas with access to major thoroughfares and utilities. These areas incorporate commercial uses including grocery stores, retail establishments, restaurants and services. Office, civic and institutional uses should complement commercial uses. Higher density residential including small lot single-family, townhomes and apartments should be located in close proximity to shopping and service destinations and complimented by pedestrian facilities to provide more walking opportunities to internal and external destinations. The exact location and size of nonresidential areas will be dependent on market conditions. Employment Mixed Use (EMU): These areas are located along major thoroughfares and include prime locations for economic development opportunities. Uses encouraged in the Employment Mixed Use areas include but are not limited to industrial, warehouse, office, research and development, tech-flex, medical, energy and distribution. Residential development is appropriate only when not in conflict with existing or future industry or commercial uses. Signatures The undersigned applicant hereby certifies that, to the best of his or her knowledge and belief, all information supplied with this application is true and accurate: 4-30-2021 Property Owner Signature Date Authorized Agent Signature Date Land Use Amendment Application Woodshire Ph 7 & 8 4D Site Solutions is submitting a land use amendment application for parcel 0506-88- 4099.000. This parcel along with parcel 0506-75-8231.000 make up proposed Woodshire Ph 7 and 8 subdivisions. The subject parcel has an agriculture land use while the smaller parcel has a land use of medium density residential. The amendment application is to change the land use of the larger parcel (0506-88-4099.000) to medium density residential. The subject parcel is the last remaining acreage and phases of a larger development. The remainder of the larger development has a land use of medium density residential. Modifying the land use will not create a situation that is different from the surrounding property. Modifying the land use will allow the remaining two phases to be developed in a similar manner as previous phases. Denying the request will eliminate development conditions that were available to the previous phases of the project. Page 1 of 3 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: June 7, 2021 County Commissioners: June 21, 2021 Applicant Information: Case Number PLAN2105-0002 Applicant: Name: Harnett County Development Services Address: 108 E Front St City/State/Zip: Lillington NC, 27546 E-mail: Phone: 910-893-7525 Type of Change New Addition Revision Ordinance: Unified Development Ordinance Article: VII Section: 13.1, 13.2 Current Text: See attached Proposed Text: (Attach additional sheets if necessary) See attached Reason for Requested Change: To amend Harnett County’s U.D.O. where it pertains to bicycle & pedestrian facilities, active/ usable open space, and buffering. Page 2 of 3 ATTACHMENT 1 Re: create recreational areas and useable open space throughout Harnett County. Red text is proposed Article VII Development Design Guidelines. Section 13.0 Other Improvement Standards 13.1 Recreation & Park Development All residential subdivisions and developments, except minor subdivisions, shall provide funds to the County whereby the County may acquire public recreation and park land or areas to serve the development or subdivision in the immediate area. A. The amount of such fee shall be the product of the total number of dwelling units and/or building lots located in the development or subdivision multiplied by the recreation fee as established by The Harnett County Board of Commissioners. B. The fee shall be paid prior to approval of a final plat for the subdivision, provided that payments may be phased in accordance with the approved phasing of the subdivision. C. The County may transfer funds paid by one (1) or more subdivisions to a municipality or make arrangements for the joint County/municipal expenditure of the funds where the County determines that such transfer or arrangements would better ensure the funds will be used to acquire public recreation and park areas that will serve the recreational needs of the development and developments in the immediate area. D. In situations where a development has already been approved prior to the adoption of the Harnett County Bicycle, Pedestrian, & Greenway Plan, the developer may choose to build the prescribed facility in place of paying all or a portion of the above described recreation fee. If it is desirable to provide for such improvements, this discussion and review shall be conducted by the Development Review Board and any of its advisory members, as per policy and standards set by the Harnett County Parks & Recreation Advisory Committee. Upon approval, the applicant and the County may enter into a development agreement as set forth in article VI, Section 8.0 of this Unified Development Ordinance. 13.2 Bicycle, Pedestrian, & Greenway Plan A. Purpose & Applicability The Harnett County Bicycle, Pedestrian, & Greenway Plan is an officially adopted plan addressing short and long range recreation and transportation needs linking quality of life with land use and development within Harnett County. For the purpose of this Ordinance, it shall be the responsibility of developer(s) of major subdivisions, multifamily developments, and nonresidential sites to comply with the Harnett County Bicycle, Pedestrian, & Greenway Plan. B. Required Improvements All such development located adjacent to a route or trail that is included in the County’s adopted Bicycle, Pedestrian, & Greenway Plan., or any other officially adopted Plan, shall comply with the prescribed improvements as indicated within said Plan. 13.2 13.3 Monuments & Lot Corners All permanent monuments shall be of a type in compliance with State statutes regulating Professional North Carolina Land Surveyors. All lot corners, other than those marked by permanent monuments as herein described, shall be marked in a type in compliance with State statutes regulating Professional North Carolina Land Surveyors. 13.3 13.4 Guidelines for Handicapped Persons In order to remove restrictive barriers which severely impede the daily movements of physically handicapped and elderly persons, the developer shall comply with all requirements of North Carolina General Statute 136-44.14. Page 3 of 3 Suggested Statement-of-Consistency: (Staff concludes that…) The requested Text Amendment is compatible with Harnett County regulatory documents, as well as NCDOT’s, and the benefits outweigh any potential inconvenience or harm to the community. Therefore, it is recommended that this Text Amendment request be APPROVED Page 1 of 4 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: June 7, 2021 County Commissioners: June 21, 2021 Applicant Information: Case Number PLAN2105-0003 Applicant: Name: Harnett County Development Services Address: 108 E Front St City/State/Zip: Lillington NC, 27546 E-mail: Phone: 910-893-7525 Type of Change New Addition Revision Ordinance: Unified Development Ordinance Article: III; VII; XIV Section: 2.0 & 4.0; 2.2; 2.0 & 4.0 Current Text: See attached Proposed Text: (Attach additional sheets if necessary) See attached Reason for Requested Change: To amend Harnett County’s U.D.O. in order to comply with North Carolina General Statute 160D. This amendment brings consistency to definitions as referenced in the newly adopted language of 160D. Suggested Statement-of-Consistency: (Staff concludes that…) The requested Text Amendments are compatible with Harnett County regulatory documents as well as the North Carolina General Statutes. Therefore, it is recommended that this Text Amendment request be APPROVED. Page 2 of 4 ATTACHMENT 1 Red text is proposed, Black text is existing ARTICLE III. DEVELOPMENT & SUBDIVISIONS REVIEW, PERMITTING, & APPROVAL REQUIREMENTS Section 2.0 Permit Requirements 2.1.4 Expiration of Land Use & Zoning Permits If the work described in any land use and zoning permit has not begun within 180 365 days from the date of issuance thereof, said permit shall expire. If after commencement, the work is discontinued for any period of 180 365 days, the permit shall immediately expire and further work as described in the expired permit shall not proceed unless and until a new land use and zoning permit has been obtained. 2.4 Sign Permit 2.4.1 Filing Procedure C. Expiration of an Approved Sign Site Plan 1. Any sign permit that has received final approval shall be valid for a period of 180 365 days from the date the plan received approval from the Administrator. During this time the sign shall be constructed as approved. Once this period has passed the site plan shall be considered null and void. In the situation where the sign is considered to be conforming the permit may be renewed after the Planning Department has determined that the sight is still a conforming site. Each application for renewal shall constitute a new review of the application and all pertinent fees shall apply. 2.11 Permit Expiration Unless otherwise specified herein, all permits shall be valid for a period of 180 365 days. This statement shall not apply to building permits. Section 4.0 Site Plan Review Requirements 4.1.2 Site Plan Expiration Any site plan that has received approval shall be valid for a period of 180 365 days from the date the plan received approval from the Administrator or Development Review Board. Any conditional approval or hold decision for a site plan made by the DRB or Administrator shall be valid for a period of 90 days from the date on which the decision was made. It shall be the applicant’s responsibility to obtain full approval during said period. Once this period has passed the site plan shall be considered null and void unless vested rights have been established in accordance with this Ordinance. In these instances, a new review shall be obtained. Page 3 of 4 Article VII. HISTORIC PRESERVATION Section 2.0 Historic Landmarks 2.3 Required Procedure for Designation 2.3.1 Review Guidelines Standards Prior to the designation of any historic landmark or district, the HPC shall prepare and adopt guidelines standards, not inconsistent with the North Carolina General Statutes for altering, restoring, moving, or demolishing of property designated as historic. It is the intention of these guidelines standards to ensure, insofar as possible, that changes in designated landmarks or properties located within designated districts shall be in harmony with the reasons for designation. Section 4.0 Certificate of Appropriateness 4.2 Review Guidelines Standards The HPC shall review the established guidelines prepared during the designation resolution process for the subject property. It is the intention of these guidelines to ensure, insofar as possible, that changes in designated landmarks or properties located within designated districts shall be in harmony with the reasons for designation. 4.8 Required Procedures 4.8.6 HPC Action on Application When considering the application, the HPC shall apply the review guidelines required by Section “Conflicts with Other Laws or Regulations” of Article I “ General Provisions”, and shall, before final action on the application, make findings of fact indicating the extent to which the application is or is not in compliance with the review criteria. The HPC's quasi-judicial action on the application shall be approval, approval with modifications, deferral, or disapproval. 4.8.1 Appeals of the Historic Properties Commission's Decision An appeal may be made to the Harnett County Board of Adjustment regarding the HPC's action in approving or denying any application for a Certificate of Appropriateness. Written notice of intent to appeal shall be sent to the HPC, postmarked within 20days following the HPC's decision, unless oral notice of appeal is made to the HPC during the meeting at which the decision is rendered. Appeals shall be filed with the Harnett County Board of Adjustment within 60 30 days following the Commission's decision. Appeals shall be in the nature of certiorari. The Board of Adjustment's decision in any such case may be appealed to the Superior Court of Harnett County. Page 4 of 4 Article XIV. Definitions & Certifications 2.0 General Definitions & Acronyms 2.2 General Definitions Manufactured Home A home that: A. Consists of a single unit completely assembled at the factory or of two (double-wide) or three (triple-wide) principal components totally assembled at the factory and joined together at the site; B. Is designed so that the total structure (or in the case of double-wide or triple-wide, each component thereof) can be transported on its own chassis; C. Is over 32 feet long and over 8 feet wide; D. Is designed to be used as a dwelling and provides complete, independent living facilities for one (1) family, including permanent provisions for living, sleeping, eating, cooking, and sanitation; E. Is actually being used, or is held ready to use, as a dwelling; and F. Constructed after July 15, 1976, that mMeets or exceeds the construction standards adopted by the U.S. Department of Housing and Urban Development that were in effect at the time of construction.