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100322 Agenda PacketREGULAR MEETING REVISED Date: Monday, October 3, 2022 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 Lewis Weatherspoon 2.Pledge of Allegiance and Invocation – Commissioner Mark Johnson 3.Consider additions and deletions to the published agenda 4.Consent Agenda A.Minutes i.Regular Meeting Minutes of September 19, 2022 B.The NC Cooperative Extension, Harnett County Center request permission to hire an additional Full Time 4-H Agent position to replace the 4-H Program Assistant position using funds provided by the County (50%) and adding additional funds provided by North Carolina A&T State University (50%). C.The Harnett County Health Director requests the Board of Commissioners approve the fees increases for flu vaccines as approved by the Board of Health at their September 15, 2022 meeting. D.Administration requests the Board of Commissioners approve waiving building permit fees, water tap fees, and tipping fees associated with the Jetport Project. E.Legal requests the appointment of Carl Davis as the Harnett County employee alternate Board member. Larry Smith, Sr. is the current alternate employee representative and cannot fulfill this role due to his schedule. He has agreed to resign and Carl has agreed to fill the alternate role. F.Legal request the Board of Commissioners approve an Interlocal Agreement for Animal Control Services with Town of Lillington. 5.Public Comment Period Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation. Please note the Harnett County Board of Commissioners adopted revisions to the Rules of Procedure, Rule 29. Public Comment Period on April 4, 2022. Speakers are requested to signup prior to the meeting. Speakers may sign up by contacting the clerk at mdcapps@harnett.org at least one hour prior to the start of the meeting or by utilizing the signup sheet at the back of the room. The signup form will be picked up by the clerk 5 minutes before the published meeting start time. 6.Tabled from the September 19, 2022 Meeting - Proposed Text Amendment Case # PLAN2207- 0003 Applicant: Harnett County Development Services; Harnett County Unified Development HC BOC 100322 Page1 Harnett County Board of Commissioners Page | 2 Ordinance; Article IV, Section 12.0 “Hwy Corridor Overlay District. An amendment to the Harnett County’s U.D.O is requested in order to establish the “Ed-Med” Highway Corridor Overlay District within Article IV, Section 12.0 Highway Corridor Overlay District. 7.Tabled from the September 19, 2022 Meeting - Proposed Zoning Change: Case # PLAN2207-0002 Landowner / Applicant: Linda Ennis Kimbrough / Rhetson Companies, Inc.; 6.54 +/- acres; Pin 1529-09-0967.000; From RA-30 to Commercial Zoning District; Intersection of NC Hwy 27 E & SR # 1581 (Baileys Crossroads Rd); Grove Township. 8.Tabled from the September 19, 2022 Meeting - Proposed Zoning Change: Case # PLAN2207-0004 Landowner / Applicant: Johnny Faircloth; 4.59 +/- acres (consisting of three parcels); Pin # 9575- 25-2300.000, 9575-25-1192.000, 9575-24-3974.000; From Commercial to RA-20R Zoning District; NC Hwy 24; Johnsonville Township. 9.County Manager’s Report – Brent Trout, County Manager A.Interdepartmental Budget Amendments B.Budget Amendments – Motion to approve budget amendments as requested by the Finance Officer C.Tax Rebates, Refunds and Releases – Motion to approve tax rebates, refunds and releases as requested by the Tax Administrator. D.North Carolina Department of State Treasurer Retirement System Division – Contribution-Based Benefit Cap Report. 10.New Business 11.Closed Session 12.Adjourn CONDUCT OF THE OCTOBER 3, 2022 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. HC BOC 100322 Page2 HARNETT COUNTY BOARD OF COMMISSIONERS Regular Meeting Minutes September 19, 2022 The Harnett County Board of Commissioners met in regular session on Monday, September 19, 2022 at 6:00 pm, in the Commissioners Meeting Room, Harnett County Resource Center and Library, 455 McKinney Parkway, Lillington, North Carolina. Members present: Lewis W. Weatherspoon, Chairman Matt B. Nicol, Vice Chairman Mark B. Johnson, Commissioner Member absent: Barbara McKoy, Commissioner W. Brooks Matthews, Commissioner Staff present: Coley Price, Assistant County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Melissa Capps, Clerk Chairman Weatherspoon called the meeting to order at 6:00 pm. Commissioner Johnson led the Pledge of Allegiance and provided the invocation. Chairman Weatherspoon called for any additions or deletions to the published agenda. Commissioner Matthews made a motion to approve the agenda as presented. Commissioner McKoy seconded the motion. The motion carried unanimously. Commissioner Johnson made a motion to approve the consent agenda. Commissioner Matthews seconded the motion. The motion passed unanimously. The items on the consent agenda were as follows: A.Minutes •Work Session Minutes of August 30, 2022 •Regular Meeting Minutes of September 9, 2022 •Work Session Minutes of September 13, 2022 B.Harnett County Department on Aging requests the Board approve the receipt of additional funding from Mid Carolina in support of In-home Aide Program in the amount of $10,084 and the receipt of an additional $41,134 in support of the Meals on Wheels and Nutrition Sites. Item 4Ai HC BOC 100322 Page3 C.Harnett County Health Department requests of approval of $1,100,757 in COVID 543 Funding from NC DHHS. These funds are used for detection, testing, treatment, tracking, control and education on COVID. D.Harnett County Health Department requests approval of COVID 361 ELC Reopening Schools SH Liaison funds in the amount of $115,000. These funds are to assist the health department in hiring a public health school health liaison to coordinate COVID- 19 screenings, testing and vaccine administration efforts in Harnett County schools for the 2022- 2023 school year. E.General Services/Harnett Area Rural Transit System (HARTS) requests the Board of Commissioners consider and approve a Memorandum of Understanding (MOU) between the City of Fayetteville and the County of Harnett in order to receive 5307 American Rescue Plan Act (ARPA) funding through the Fayetteville Area System of Transit (FAST). This MOU is the first step for receiving FTA 5307 ARPA funds and future FTA 5307 project funds as a subrecipient of FAST funding. The City of Fayetteville / FAST is drafting a subrecipient agreement' agreement for future Board consideration. Current ARPA funds available to HARTS is $71,397 with no match required. F.General Services/Harnett Area Rural Transit System (HARTS) requests the Board of Commissioners consider and approve the FY23 NCDOT/IMD ROAP application. ROAP is a state-funded public transportation program administered by NCDOT/IMD. ROAP funding includes project categories: Elderly and Disabled Transportation Assistance (EDT AP), Employment and Transportation Assistance Program (EMPL) and Rural General Public. (RPG) programs. RPG is funded up to 90% of the cost of service, 10% local match is derived through Dial-A-Ride fares. EDT AP and EMPL are funded at 100%. Total FY23 ROAP allocation is $251,462. G.Harnett County Emergency Services requests Board approval to accept grant funds for the NCEM FY22 Homeland Security Grant Program in the amount of $66,000.00. These grant funds will be utilized for the procurement of a Tactical Robot for Harnett County Sheriff’s Office Special Response Team, to assist in tactical operations and hazardous material responses. This resource must remain available for regional response when it is not in use by the county. There is no cost share associated with this grant and is a reimbursable upon submission of final cost report. H.Harnett County Finance Departments requests the Board of Commissioners adopt a Resolution modifying the cash deposit requirements of the Harnett County Library branches pursuant to NCGS 159-32. (Attachment 1) I.Administration requests the Board of Commissioners adopt a Resolution requesting NCDOT add Scotts Lane in Meadow Brooks to the State’s Secondary Road System. (Attachment 2) J.Administration requests the Board of Commissioners adopt a Resolution requesting NCDOT add Bark Way, Bellini Drive, Fetch Court, Bella Vita Way, Donatella Way, Powder Court, Bird Dog Drive, Pointer Drive, English Springer Drive, and Musket Court in Quail Glen 4A, 4B & 5 to the State’s Secondary Road System. (Attachment 3) HC BOC 100322 Page4 K. Administration requests the Board of Commissioners adopt a Resolution requesting NCDOT add Planters Lane and Trolley Lane in Cane Mill Estates to the State’s Secondary Road System. (Attachment 4) L. Administration requests the Board of Commissioners approval to accept $110,553 in grant funding from North Carolina Arts Council for the Fiscal Year 2023 Grassroots Arts Program Grant. M. Appointments/Resignations for Boards and Committees - The Board of Commissioners accepts the resignation of Diane Mangum from the Home and Community Block Grant Committee and appoints Letitia Maynor, District 1, to the Volunteer Position for the Home and Community Block Grant Committee. The Board of Commissioners appoints William Dan Andrews, District 4 to the Board of Adjustment and appoints Scott Tart, District 4, to the Planning Board for the Member at Large position. N. Emergency Services is seeking Board Approval on behalf of Dunn Emergency Services for the purchase of a used aerial apparatus to replace its current ladder truck which is a 1989 LTI Quint which is currently out of service due to maintenance issues. This current vehicle is difficult to find parts for due to its age and has reached the end of its serviceability. They have negotiated the purchase of a 2013 Pearce Arrow XT 100 foot Platform at a purchase price of $525,000. No additional county funds will be required. O. Proclamation Recognizing Gold Star Mother’s and Family’s Day on September 25, 2022. P. Legal requests the Board of Commissioners approve an Interlocal Agreement for Animal Control Services with the Town of Coats. Barry Blevins, General Services Director introduced Eagle Scout Isaiah Jenkins. Chairman Weatherspoon and the Board of Commissioners presented Mr. Jenkins with a Certificate of Appreciation in recognition of the chicken coop he and others built at the Animal Shelter. Chairman Weatherspoon opened the meeting for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. The following people provided comments: 1. Rebekah Brock of 5220 Christian Light Road, Fuquay-Varina, NC. 2. Jerry Rivas of 364 Twin Ponds Road, Sanford, NC. 3. Carnell Robinson of 904 N Layton Avenue, Dunn, NC. No one else spoke and the public comment period was closed. Mark Locklear, Development Services Director, petitioned the Board for a public hearing on Proposed Text Amendment Case # PLAN2207-0003 Applicant: Harnett County Development Services; Harnett County Unified Development Ordinance; Article IV, Section 12.0 “Hwy Corridor Overlay District. An amendment to the Harnett County’s U.D.O is requested in order to establish the “Ed-Med” Highway Corridor Overlay District within Article IV, Section 12.0 Highway Corridor Overlay District. Mr. Locklear stated the reason for the requested change as: HC BOC 100322 Page5 An amendment to the Harnett County’s U.D.O is requested in order to establish the US 421 “Ed- Med” Highway Corridor Overlay District within Article IV, Section 12.0 Highway Corridor Overlay District. The purpose of the “Ed-Med” Highway Corridor Overlay District (EM-HCO) is to provide specific development standards that are applicable only to certain areas along US Highway 421 in Harnett County’s Jurisdiction. The EM-HCO District shall apply to all parcels located on either side of US Highway 421 from the Town of Lillington’s planning & development regulation jurisdiction (west) to the Town of Erwin’s planning and development regulation jurisdiction (east). These regulations apply only to non-residential development. Nothing herein requires a change or alteration to land uses or structures existing on the effective date of this Ordinance. At their September 6th meeting, the Harnett County Planning Board voted 3-1 to recommend approval of this of the Text Amendment application with the amendment that only the area of a parcel that is located within the 600’ boundary would be applicable to the regulations. The Planning Board believes this is a great tool to help recruit new business and have them developed in an aesthetically pleasing manner. Several citizens attended the meeting and 5 spoke. Comments and concerns included • Commendable that this area is being considered important and seems to be taking care of the land properly. • Businesses are needed and this should help this highway grow and create jobs • Initial lighting regulations are pleasing but recommended that fixtures be International Dark-Sky Association approved. • One citizen was very concerned about the Jetport height regulations and how it would affect his property; staff is working with this individual to help explain this project and ensure him no other regs are applicable for height at this time. • Citizens were concerned about the overlay affecting all of their property even though the boundary partially touched their property. Suggested Statement-of-Consistency: Development Services staff recommends APPROVAL of this Text Amendment as it is compatible with Harnett County U.D.O, Grow Harnett County Comprehensive Growth Plan 2015, and NC General Statutes. Therefore, it is recommended that this Text Amendment request be APPROVED. Chairman Weatherspoon opened the public hearing and the following people spoke: 1. Neal McKinnon of 2251 Bailey’s Crossroads Road of Coats, NC, asked if there were any provisions in place to protect the river. HC BOC 100322 Page6 Mr. Locklear stated there is a lot of regulations in place for the river. This is pertaining to within 600 ft. of either side of 421. The Division of Environmental and Natural Resources provides regulations for any commercial businesses near the river. 2. Erica Gallion of 69 Timber Creek Lane, Dunn, NC spoke in favor of the text amendment. 3. Harry Matthews of 1522 Crawford Road, Coats, NC asked if the farmland he owns within this corridor, would the 600 ft. change the tax exemption. Mr. Locklear stated it would not affect his taxes. Chairman Weatherspoon asked that Mr. Price have Christine Wallace, Tax Administrator contact Mr. Matthews. 4. Max Matthews of 1778 Clay Hole Road, Coats, NC asked about the requirement of a 10 ft. wide paved sidewalk. Mr. Locklear stated the 10 ft. side path is typical with what you see in other towns. This is an area that connects two major portions of the county. 5. Geraldine Goodman asked how it would affect residential properties in that area. Mr. Locklear stated residential will remain the same. No one else spoke and Chairman Weatherspoon closed the public hearing. Commissioner Johnson made a motion to table Proposed Text Amendment Case # PLAN2207- 0003 to October 3rd since two commissioners were out. The motion was seconded by Vice Chairman Nicol and carried unanimously. Jay Sikes, Assistant Development Services Director/ Manager of Planning Services, petitioned the Board for a public hearing on Proposed Zoning Change: Case # PLAN2207-0002 Landowner / Applicant: Linda Ennis Kimbrough / Rhetson Companies, Inc.; 6.54 +/- acres; Pin 1529-09-0967.000; From RA-30 to Commercial Zoning District; Intersection of NC Hwy 27 E & SR # 1581 (Baileys Crossroads Rd); Grove Township. Mr. Sikes stated staff’s evaluation as: • The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The requested rezoning to Commercial would not have an unresasonable impact on the community due to existing the neighborhood/ convenience uses that exist as well as the services that could be provided in the future. • The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning district is not fully compatible with the existing land use classification of Agricultural & Rural Residential. However, this site HC BOC 100322 Page7 is along NC 27 and in close proximity of the Town of Benson. During the next Land Use Plan update, staff recommends that at least a Rural Development Node be created around this intersection to include this parcel. Per G.S. 160D-605(a). A rezoning inconsistent with a plan does not amend the text of the plan, but it does amend the future land use map. • The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning would enhance or maintain the public health, safety and general welfare due to the existing transportation, as well as the potential site improvements that could take place. Also, NCDOT has plans to realign this intersection which could alleviate any traffic flow concerns that may be created from a commercial use. • The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Since the proposed zoning district is not contiguous to Commercial this application needs to be evaluated for Small Scale Rezoning. Suggested Statement-of-Consistency As stated within the evaluation, the requested rezoning to Commercial is not compatible with all Harnett County regulatory documents. However, since this site is along NC 27 and is in close proximity to the Town of Benson, if approved a Land Use map amendment is proposed to ensure compliance. Further, if rezoned to Commercial it would enhance the public health, safety, & general welfare to the community due to existing the neighborhood/ convenience uses that exist as well as the improvements that could be provided in the future. Therefore, it is recommended that this rezoning request be Approved. Additional Information On September 6th, the Harnett County Planning Board voted unanimously (4-0) to recommend denial of this rezoning due to neighborhood compatibility and vehicle safety concerns. The Planning Board also thoroughly evaluated the Small Scale Rezoning criteria and found this to be unreasonable. Many area residents attended the meeting and several spoke in opposition. Concerns included: • Vehicle safety and visibility; NCDOT improvements may help some issues, but this business could recreate those issues or increase them. • Not a needed businesses for the area; existing businesses in the area are small, resident owned, and neighborhood oriented • excess lighting in a rural community • increased crime • public safety and communication issues due to multiple jurisdictions Chairman Weatherspoon asked when did DOT plan to realign the intersection. Mr. Sikes stated DOT had shared the project could be let sometime this fall. Chairman Weatherspoon opened the public hearing and the following people spoke: HC BOC 100322 Page8 1. Bill Wood of 2088 Bailey’s Crossroads Road, Coats, NC spoke against the rezoning request. 2. John Conway of 2225 Bailey’s Crossroads Road, Coats, NC spoke against the rezoning request. 3. George Moore of 78 Opry Lane, Clayton, NC spoke against the rezoning request. 4. Neil McKinnon of 2251 Bailey’s Crossroads Road, Coats, NC spoke against the rezoning request. 5. Danny Season of 2964 Bailey’s Crossroads Road, Coats, NC spoke against the rezoning request. 6. Mary Ann Mennella of 2273 Bailey’s Crossroads Road, Coats, NC spoke against the rezoning request. 7. Bobbi Wood of 2088 Bailey’s Crossroads Road, Coats, NC spoke against the rezoning request. 8. John Parker with Rhetson Companies of 2075 Juniper Lake Road, West End, NC, spoke on behalf of the applicant, in favor of the rezoning. Chairman Weatherspoon asked if they had done a traffic impact analysis. Mr. Parker stated they had not but are not opposed and if required by DOT they would. Chairman Weatherspoon stated I came through that intersection today and it is a dangerous intersection. Mr. Parker stated I am glad DOT is working on it. Additional discussion from the audience included staffing issues and traffic concerns. Chairman Weatherspoon closed the public hearing. Commissioner Johnson made a motion to table the Proposed Zoning Change: Case # PLAN2207-0002 to October 3rd meeting at 9:00 am to since two commissioners were out and would be here to vote. The motion was seconded by Vice Chairman Nicol and carried unanimously. Chairman Weatherspoon stated we will take a 5 minute recess. Jay Sikes, Assistant Development Services Director/ Manager of Planning Services, petitioned the Board for a public hearing on Proposed Zoning Change: Case # PLAN2207-0004 Landowner / Applicant: Johnny Faircloth; 4.59 +/- acres (consisting of three parcels); Pin # 9575-25-2300.000, 9575-25-1192.000, 9575-24-3974.000; From Commercial to RA-20R Zoning District; NC Hwy 24; Johnsonville Township. Mr. Sikes stated staff’s evaluation as: • The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The requested zoning change to RA-20R will HC BOC 100322 Page9 not have a negative impact on the surrounding properties or the community as it is the same zoning district that existed when the residential development occurred. • The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning is compatible with the existing Land Use classification of Agricultural & Rural Residential. This designation is intended for low intensity uses, such as low-density residential development. • The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested rezoning to RA-20R would enhance or maintain the public health, safety, and general welfare due to the neighboring residentially zoned parcels, as well as the original intended use of most of these parcels. • The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Since the proposed zoning district exists on contiguous properties, this application does not need to be evaluated for Small Scale Rezoning. Additional Information: On September 6th, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of this rezoning due to the residential nature of this area. Suggested Statement-of-Consistency: As stated in the evaluation, the requested rezoning to RA-20R is compatible with Harnett County Land Use Plan and would not have an unreasonable impact on the surrounding community based on the originally intended and existing residential in the area. Therefore, it is recommended that this rezoning request be APPROVED. Chairman Weatherspoon opened the public hearing. No one spoke and the public hearing was closed. Commissioner Johnson made a motion to table the Proposed Zoning Change: Case # PLAN2207-0004 to October 3rd meeting at 9:00 am to since two commissioners were out. The motion was seconded by Vice Chairman Nicol and carried unanimously. Coley Price, Assistant County Manager, stated the budget amendments and tax rebates, refunds and releases would need to be voted on. Vice Chairman Nicol made a motion to approve the budget amendments as requested by the Finance Director. The motion was seconded by Commissioner Johnson and carried unanimously. (Attachment 5) Vice Chairman Nicol made a motion to adopt the tax rebates, refunds and releases as requested by the Tax Administrator. The motion was by Commissioner Johnson and carried unanimously. (Attachment 6) HC BOC 100322 Page10 Mr. Price requested the Board of Commissioners accept the awarded North Carolina Department of Transportation, Division of Aviation State Fiscal Year 2022 for State Aid to Airport Block Grant Program for the Terminal Building (Preliminary Design/Design) project in the amount of $35,577. Harnett County's local match is $0. This portion of the project will be 100% federal funded. Mr. Price also requested the Board of Commissioners to approve the amended Capital Project Ordinance and requested the Board of Commissioners to allow the county manager to sign the North Carolina state grant agreement associated with this award. Chairman Weatherspoon made a motion to accept the awarded North Carolina Department of Transportation, Division of Aviation State Fiscal Year 2022 for State Aid to Airport Block Grant Program for the Terminal Building (Preliminary Design/Design) project and allow the county manager to sign the North Carolina state grant agreement associated with this award. The motion was seconded by Vice Chairman Nicol and carried unanimously. Mr. Price requested the Board of Commissioners consider and approve Work Authorization No. 21-01 for the Apron Expansion at the Jetport. Commissioner Johnson made a motion to approve the approve Work Authorization No. 21-01 for the Apron Expansion at the Jetport. The motion was seconded by Vice Chairman Nicol and carried unanimously. Vice Chairman Nicol made a motion to adjourn at 7:38 pm. The motion was seconded by Commissioner Johnson and carried unanimously. ____________________________________ ___________________________________ Lewis W. Weatherspoon, Chairman Melissa D. Capps, Clerk HC BOC 100322 Page11 Item 4B HC BOC 100322 Page12 Item 4C HC BOC 100322 Page13 HC BOC 100322 Page14 Item 4E HC BOC 100322 Page15 Item 4F HC BOC 100322 Page16 HC BOC 100322 Page17 HC BOC 100322 Page18 HC BOC 100322 Page19 HC BOC 100322 Page20 HC BOC 100322 Page21 HC BOC 100322 Page22 Board Meeting Agenda Item MEETING DATE: September 19, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Text Amendment: Case # PLAN2207-0003 REQUESTED BY: Mark Locklear/ Development Services REQUEST: Applicant: Harnett County Development Services; Harnett County Unified Development Ordinance; Article IV, Section 12.0 “Hwy Corridor Overlay District. An amendment to the Harnett County’s U.D.O is requested in order to establish the “Ed-Med” Highway Corridor Overlay District within Article IV, Section 12.0 Highway Corridor Overlay District. Development Services staff recommends approval based on the Land Use compatabilty. Additional Information: At their September 6th meeting, the Harnett County Planning Board voted 3-1 to recommend approval of this of the Text Amendment application with the amendment that only the area of a parcel that is located within the 600’ boundary would be applicable to the regulations. The Planning Board believes this is a great tool to help recruit new business and have them developed in an aesthetically pleasing manner. Several citizens attended the meeting and 5 spoke. Comments and concerns included o Commendable that this area is being considered important and seems to be taking care of the land properly o Businesses are needed and this should help this highway grow and create jobs o Initial lighting regulations are pleasing but recommended that fixtures be International Dark-Sky Association approved. o One citizen was very concerned about the Jetport height regulations and how it would affect his property; staff is working with this individual to help explain this project and ensure him no other regs are applicable for height at this time. o Citizens were concerned about the overlay affecting all of their property even though the boundary partially touched their property. Item 6 HC BOC 100322 Page23 FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: HC BOC 100322 Page24 Page 1 of 20 TEXT AMENDMENT REQUEST FORM (Internal) Development Services 108 E. Front Street P.O. Box 65, Lillington, NC 27546 Phone: (910) 893-7525 Fax: (910) 893-2793 Planning Board: September 6, 2022 County Commissioners: September 19, 2022 Applicant Information: Case Number PLAN 2207-0003 Applicant: Name: Harnett County Development Services Address: 420 McKinney Pkwy City/State/Zip: Lillington NC, 27546 Phone: 910-893-7525, x2 Type of Change New Addition Revision Ordinance: Unified Development Ordinance Article: IV Section: 12.0 Current Text: See attached Proposed Text: See attached Reason for Requested Change: An amendment to the Harnett County’s U.D.O is requested in order to establish the US 421 “Ed-Med” Highway Corridor Overlay District within Article IV, Section 12.0 Highway Corridor Overlay District. The purpose of the “Ed-Med” Highway Corridor Overlay District (EM-HCO) is to provide specific development standards that are applicable only to certain areas along US Highway 421 in Harnett County’s Jurisdiction. The EM -HCO District shall apply to all parcels located on either side of US Highway 421 from the Town of Lillington’s planning & development regulation jurisdiction (west) to the Town of Erwin’s planning and development regulation jurisdiction (east). These regulations apply only to non - residential development. Nothing herein requires a change or alteration to land uses or structures existing on the effective date of this Ordinance. At their September 6th meeting, the Harnett County Planning Board voted 3-1 to recommend approval of this of the Text Amendment application with the amendment that only the area of a parcel that is located within the 600’ boundary would be applicable to the regulations. The Planning Board believes this is a great tool to help recruit new business and have them developed in an aesthetically pleasing manner. Several citizens attended the meeting and 5 spoke. Comments and concerns included o Commendable that this area is being considered important and seems to be taking care of the land properly o Businesses are needed and this should help this highway grow and create jobs o Initial lighting regulations are pleasing but recommended that fixtures be International Dark-Sky Association approved. o One citizen was very concerned about the Jetport height regulations and how it would affect his property; staff is working with this individual to help explain this project and ensure him no other regs are applicable for height at this time. o Citizens were concerned about the overlay affecting all of their property even though the boundary partially touched their property. HC BOC 100322 Page25 Page 2 of 20 Suggested Statement-of-Consistency: (Staff concludes that…) Development Services staff recommends APPROVAL of this Text Amendment as it is compatible with Harnett County U.D.O, Grow Harnett County Comprehensive Growth Plan 2015, and NC General Statutes. Therefore, it is recommended that this Text Amendment request be APPROVED. ATTACHMENT 1 Red Text is proposed Article IV. Zoning & Overlay Districts Section 12.0 Highway Corridor Overlay Districts- HCO SECTION 12.0 HIGHWAY CORRIDOR OVERLAY DISTRICTS – HCO 12.1 Purpose & Intent It is the intent of the Highway Corridor Overlay Districts (HCO) to protect natural resources, provide landscape improvements, and enhance the overall appearance of the corridors identified. to provide enhanced & contextual building design, uniform landscaping, specific development standards and vehicular access control measures for development within these corridors only. This district has development standards established to regulate development within a corridor. Development standards for the Highway Corridor Overlay District apply to all parcels within 600 feet of the right-of-way on both sides of the street as shown on the official zoning map. In cases where a portion of a tract of land lies within the Highway Corridor Overlay District, the entire tract shall fall into the same regulation. For parcels that are partially located within the Highway Corridor Overlay District, only the area within the boundary of the HCO District shall meet the standards of this Section. The boundaries of the Highway Corridor Overlay Districts (HCO) District and the Sub-Areas are shown on the County’s Officially Adopted Zoning Map. 12.1.1 Highway 87 Highway Corridor Overlay District The purpose of the Highway 87 Corridor Overlay District is to create an attractive gateway that supports safe traffic patterns along NC 87 in Harnett County. The district is subje ct to enhanced development regulations applicable to all non-residential development in the Harnett County Zoning Jurisdiction. 12.1.2 “Ed-Med” Highway Corridor Overlay District The purpose of the “Ed-Med” Highway Corridor Overlay District (EM-HCO) is to provide specific development standards that are applicable only to certain areas along US Highway 421 in Harnett County’s Jurisdiction. The EM-HCO District shall apply to all parcels located on either side of US Highway 421 from the Town of Lillington’s planning & development regulation jurisdiction (west) to the Town of Erwin’s planning and development regulation jurisdiction (east). Within the EM-HCO District are the following Sub-Areas: A. Campus Sub-Area The purpose and intent of the Campus Sub-Area is to recognize the unique character and interrelated development in proximity to Campbell University. The standards of this district are to assure orderly, coordinated, contextual development by establishing uniform standards that recognize the university’s unique impact in this area. B. Airport Sub-Area The Airport Sub-Area is established in the vicinity of the Harnett County Regional Jetport. The purpose of this area is to provide protection from encroachment of incompatible development characteristics and place additional height restrictions on buildings, structures, HC BOC 100322 Page26 Page 3 of 20 and trees. Basic design standards are created in this area to encourage uniform office, commercial, research and industrial site development. 12.2 Permitted & Special Uses The permitted uses shall be the same as those in the underlying zoning districts. The Special Uses shall be the same as those in the underlying zoning districts. 12.3 General HCO Architectural Standards 12.3.1 Applicability A. All of the following regulations shall apply to all new nonresidential structures and development site plan submittals located within the all Highway Corridor Overlay Zoning Districts. In some cases, there are also specific requirements for the Highway 421 Highway Corridor Overlay District (EM-HCO). B. Expansions 1. Expansions shall comply with these regulations at such time that the expansion totals 50 percent (50%) or more of the existing building size. The total percentage of building expansions shall be combined over a five (5) year period. At such time that the percentage of building expansions reaches 50 percent (50%) or more of the original building size, these regulations shall be met, for that part of the structure included in the expansion. 2. In cases where an expansion is equal to or greater than the total square footage of the existing building, both the expansion and the existing building shall also be brought into compliance with these regulations. The total shall be combined over a five (5) year period. C. Conversions of structures formerly used for residential purposes and changes of uses shall comply with the regulations included herein. 12.3.2 Building Materials & Colors A. Front facades and exterior walls visible from the public right(s)-of-way shall be composed of at least 50 percent (50%) approved primary materials, listed below. Secondary materials may be used on building walls not visible from a public right(s)-of-way. 1. Primary Building Materials The following materials shall be permitted as primary building materials. a. Brick b. Stone c. Fiber Cement Siding d. Architectural Concrete Said material shall be permitted if the surface is constructed to simulate brick or stone and only as approved by the Administrator. 2. Secondary Building Materials The following materials shall be prohibited as primary building materials but shall be allowed HC BOC 100322 Page27 Page 4 of 20 as secondary material along with the approved primary building materials or as primary elements on walls not required to meet these requirements. Secondary materials are not required. When used, no more than 30 percent (30%) of front façades and exterior walls visible from the public right(s)-of-way shall be composed of the materials listed herein. a. Stucco b. Exterior Insulation Finishing System (EIFS) c. Painted or Stained Concrete d. Metal e. Split-Face Block 3. Supplemental Building Materials The following materials shall be allowed as supplemental materials along with primary and secondary materials. Supplementary building materials are not required. When used, no more than 10 percent (10%) of exterior walls shall be composed of the materials listed herein. a. Vinyl Siding b. Cast Concrete c. Smooth-Faced Concrete 4. Accessory Structures Building materials and colors on accessory structures shall be compatible with that approved for the primary structure. For example, canopies permitted as part of a gas station may use a combination of brick columns and a metal canopy that is similar in color to the primary structure. B. For purposes of this Ordinance, the term “visible from the public right(s)-of-way” shall mean visible from any existing public right(s)-of-way or any right(s)-of-way intended for future dedication for public use. Additionally, for purposes of this Section, only those public right(s)-of- way located within the Highway Corridor Overlay Zoning Districts shall be considered for compliance with these regulations. C. Two (2) or more materials shall be combined on one (1) façade; with the heavier material(s) being installed nearer to the ground or below other materials. D. Building Color The number of colors used shall be limited to no more than three (3) discernable colors or ranges of complementary hues. The dominate color shall constitute a minimum of 60 percent (60%) of the façade, excluding windows, doors, and the like. Façade colors shall be of low reflectance earth tone, muted, subtle, and/or neutral colors. Building trim may feature brighter colors, but neon tubing is not allowed as an accent material. The use of high intensity, metallic, fluorescent, or neon colors shall be prohibited. Variations in color schemes are encouraged in order to articulate entryways, architectural features, and public amenities so as to give greater recognition to these features. 12.3.3 Building Design, Façades, & Massing A. Façades shall include changes in wall plane, incorporating at least one (1) change in wall plane, HC BOC 100322 Page28 Page 5 of 20 such as recesses and projections, along at least 20 percent (20%) of the length of the façade at a depth of at least three percent (3%) of the entire length of the building. 1. Buildings of 10,000 square feet or less shall include a change in wall plane for every 50 feet of length. 2. Buildings greater than 10,000 square feet shall include a change in wall plane for every 100 feet of length. B. Rooflines shall vary in height, material, treatment, direction, etc. and shall not extend in a continuous plane for more than 50 feet to reduce the scale of structures and to increase visual interest. Roof shape, such as flat, hip, mansard, or gable, and material shall be architecturally compatible with the façade elements of the rest of the building. C. Buildings with flat roofs or with roof pitches of 3:12 or less shall maintain a parapet wall along all walls visible from the public right(s)-of-way. Parapet walls shall have decorative cornices or caps. D. If roof cornices or caps have been removed or damaged on an existing building, renovations of such building shall include retaining, repairing, and replacing the roof cornices or caps, unless justification can be made to the Administrator as to why that is not feasible. 12.3.4 Architectural Standard Design Alternatives Alternative design plans, building materials, landscaping, and/or construction techniques may be used when unreasonable or impractical situations would result from the strict application of architectural standards of this Section. Such situations may result from unique site conditions, innovative design applications, and/or unified development design. The review and approval of Architectural Standard Design Alternatives shall be reviewed and decided by the Planning Board. The following criteria shall be used in determining whether an architectural standard design alternative can be accepted by the Planning Board in lieu of meeting the requirements of this Section. A. The proposal includes a clear and concise explanation of the specific standards that cannot be met and how the alternative methods proposed will achieve the intent of this Section; B. The proposal represents the use of alternative methods and/or materials (including but not limited to: building materials, massing, materials, and scale; orientation in relation to the public right(s)-of- way; façade treatment; landscaping; lighting; and open space) which will result in a development pattern which is equivalent to or greater than that required by this Ordnance; C. The proposed use and design alternative is compatible with adjacent land uses; D. The proposal is compatible with and will enhance the use or value of adjacent and area properties; E. The proposal is consistent with the intent of adopted County plans; and F. The proposed development standards are, in all other aspects, consistent with the intent and purpose of this Ordinance. All findings specified above for the granting of such a request with the Architectural Standard Design Alternatives shall be provided in writing and signed by the Administrator. One (1) copy shall be provided to the applicant and another shall be retained as a part of the permanent record of the determination of the Planning Board. 12.4 General HCO Parking (Off-Street Parking) and Landscaping Requirements HC BOC 100322 Page29 Page 6 of 20 12.4.1 General HCO Landscaping and Parking A. Parking lots, loading areas, and other vehicle use areas shall be planted with one (1) tree and two (2) shrubs for every 10 parking spaces required. B. At least 65 percent (65%) of the required parking lot trees shall be large shade trees. C. Trees and shrubs shall be planted within 15 feet of the vehicle use areas. D. Developments containing 30 or more parking spaces, 50 percent (50%) of the trees and shrubs required shall be planted in islands or medians located within the parking lot. E. A consecutive strip of parking spaces shall include landscape islands every 20 spaces apart and at the ends of all parking rows. F. Landscape islands shall be grassed and mowed, covered with organic material (for example, pine mulch), or a combination of the two (2). G. In calculating the number of trees and shrubs, standard rounding procedures shall be followed. (For example, one and a half (1.5) or greater will become two (2)) H. Per Article VII Section 3 – Parking & Off-Street Loading Requirement of this Ordinance, the number of parking spaces shall not exceed one hundred and ten percent (110%) of the minimum number of spaces required for the approved land use, except for residentially classified uses. Pervious pavers, with installation certified by a Geotechnical Engineer, utilized for parking spaces shall not be counted toward the total number of allowable parking spaces. 12.4.2 Highway 421- EM-HCO Parking and Landscaping Requirements A. All parking areas and driveways shall be paved with concrete, asphalt or alternate, hard-surface materials of similar quality. B. Off-Street parking shall be a minimum of twenty (20) feet from the US Highway 421 right-of-way line. C. Parking in the front of the building shall be limited to no more than two (2) rows of parking parallel to the front façade of the principal building. D. Parking areas with thirty (30) spaces or more shall be located to the side or behind buildings and screened per Section 9 – Buffer & Landscaping of this ordinance. In addition, a continuous linear planting strip minimum of 8’ in width shall be provided for every two (2) parking bays. This planting strip shall contain evergreen shrubs planted at two (2) shrubs for every ten (10) feet and one (1) large maturing tree panted at every twenty (20) feet. E. Loading areas shall be located on the side or rear of the principal building. F. Parking areas on adjacent lots shall be connected with vehicular and pedestrian connections wherever practical. 12.5 Additional Development Standards 12.5.1 General HCO Vehicular Access and Driveway Requirements Driveways serving a new development parcel shall be permitted in accordance with the standards of the NCDOT; however, the Harnett County Planning Board and Board of Commissioners may require HC BOC 100322 Page30 Page 7 of 20 more strict standards as conditions of approval during the site plan review, if it is determined that the additional conditions may improve traffic movement and safety. Developers of nonresidential uses are required to share parking areas and driveways with adjoining developments. If the adjoining parcel is undeveloped, stub-outs are required for future connections. Stub-outs shall be fully constructed to the adjacent property line and located in locations that will allow for reasonable and feasible extension into adjacent properties. Also, no landscaping or structures shall be allowed near the intersections of driveways and streets that would impede safe vision of traffic. Subdivision of land with multiple smaller parcels having frontage on the roadway along the corridor will not be allowed. NCDOT and the County prohibit this type of development within the corridor. Development will be required to have shared access to the roadway as approved by the NCDOT and the County. 12.5.2 Highway 421- EM-HCO Vehicular Access & Driveways Requirements HC BOC 100322 Page31 Page 8 of 20 1. Access a. As part of the site plan or subdivision plan approval process, it shall be demonstrated that the proposed development can provide access to surrounding properties via cross access easement agreement(s), shared entrances, out-parcel connections, and to provide adequate internal circulation to ensure access without the need to re-enter the public road system. b. If the adjoining parcel is undeveloped, stub-outs are required for future connections. Stub- outs shall be fully constructed to the adjacent property line and located in locations that will allow for reasonable and feasible extension into adjacent properties. c. Cross-access ways shall allow for two-way traffic between parcels through the use of a single drive aisle with a minimum width of twenty (20) feet, or through two one-way aisles, each with a minimum width of ten feet. d. Where provided, a cross-access easement shall be recorded at the Harnett County Register of Deeds by the owner/developer prior to issuance of a Certificate of Occupancy and be considered a development standard required as part of this ordinance. e. The Administrator may modify this requirement when site conditions relative to topography, avoiding utility infrastructure, or other clearly identifiable safety conditions are present. When cross-access is waived in accordance with this Article/Section, bic ycle and pedestrian connections shall be provided between adjacent developments or uses, unless the provision is deemed unreasonable or impracticable. 2. Private Roads & Driveways: a. One combined entrance and exit shall be permitted for each lot with frontage on US Highway 421 as permitted by the County & NCDOT. b. For lots with five-hundred (500) feet or more of frontage along US Highway 421, two (2) combined entrances and exits shall be permitted in coordination with NCDOT. c. For projects requiring a Traffic Impact Analysis (TIA), the maximum number of driveways shall be determined though the TIA requirements as well as County and NCDOT approvals. d. Private roads shall have a maximum block length of one thousand (1,000) feet. e. Private roads shall be lined with large maturing trees or understory trees of uniform species planted at a minimum of thirty (30) feet on center. 12.5.3 Outdoor Storage Outdoor storage, when permitted, shall be screened from view so that it is not visible from a right(s)- of-way or adjacent property(s). Any accessory outdoor storage area shall comply with the requirements set forth in Subsection “Outdoor Storage Area Screening”, Section “Buffers & Landscaping” of Article VII “Development Design Guidelines.” 12.5.4 General HCO Signs Requirements A. Business & Other Signs 1. General Sign Regulations HC BOC 100322 Page32 Page 9 of 20 All business and other signs located within the Highway Corridor Overlay Zoning District shall comply with the regulations of this Section, as well as with all other sign requirements of this Ordinance. 2. Sign Landscaping A minimum of one (1) large and two (2) small trees per detached sign on the property shall be planted, if not existing, within the perimeter planting strip. B. Outdoor Advertising Signs No outdoor advertising signs shall be allowed within the Highway Corridor Overlay District or on any property(s) that are partially located within the Highway Corridor Overlay District, except in compliance with Section “Nonconforming Signs” of Article II “Nonconformities”. 12.5.5 Highway 421- EM-HCO Sign Requirements A. New off-premises signs or billboards are expressly prohibited within this overlay district. B. In addition to the requirements of Article VII Section 10 – Sign Regulations, all ground signs must meet the following standards: 1. Be placed a minimum of ten (10) feet from a public right-of-way and located along, or facing, US Highway 421 or the road from which direct or principal vehicular access to the premises is obtained. 2. All monument signs shall be provided with a landscaped area at least e qual to the sign surface area of the sign. Such landscaping may include any size or variety of annuals, perennials, ornamental grasses, or shrubs. C. The provisions of Article VII Section 10 – Sign Requirements shall govern all other signage standards within this corridor. D. The following image represent an example of ground signage permitted in this district: 12.5.6 General HCO Trash Containment Areas Outside dumpster/recycle, etc., sites shall be located in the side or rear yard and effectively screened with materials which are compatible with the architectural design and materials of the primary structure (see example image below). HC BOC 100322 Page33 Page 10 of 20 12.6 “Ed-Med” Highway Corridor Overlay District (EM-HCO) 12.6.1 Exemptions The following development types are exempt from the standards in this Article/Section: A. Master development plans approved under the Office & Institutional Zoning District. B. Developments proposed for single-family residential subdivisions. C. Buildings which are primarily utilized for agricultural purposes. D. Existing single-family lots and single-family subdivisions. 12.6.2 Expansion & Changes of Use Expansions shall comply with these regulations at such time that the expansion totals 50 percent (50%) or more of the existing building size. The total percentage of building expansions shall be combined over a five (5) year period. At such time that the percentage of building expansions reaches fifty percent (50%) or more of the original building size, these regulations shall be met, for that part of the structure included in the expansion. HC BOC 100322 Page34 Page 11 of 20 In cases where an expansion is equal to or greater than the total square footage of the existing building, both the expansion and the existing building shall also be brought into compliance with these regulations. The total shall be combined over a five (5) year period. 12.6.3 Modifications The Administrator, in reviewing a development application, may adjust specific EM-HCO requirements for yards adjacent to the corridor or intersecting streets provided the avera ge depth of a required yard or setback for the entire parcel is maintained. In permitting site -specific variations the Administrator shall find that the modification requested: A. Is consistent with the overall purpose and intent of these requirements; B. Is necessitated by the configuration and/or topography of the land, which makes it impractical to comply with the yard and setback requirements of this Article/Section for specific areas of the parcel; C. Does not reduce the required yard or setback by more than fifty percent (50%). 12.6.4 Required Development Standards A. Building Location Standards Building setbacks shall be the same as for the underlying zoning district provided, however, buildings shall be oriented to “front” on US Highway 421 and be placed no farther than one hundred (100) feet from the US Highway 421 right-of-way line. B. Building Height Standards With the exception of the Campus Sub-Area, the height of any building within this corridor shall be limited to thirty-five feet above the centerline elevation of US Highway 421 measured from the front of the nearest the building. 12.6.5 Sidewalks & Pedestrian Paths A. A ten (10) foot wide paved pedestrian path shall be required to be constructed along the entire frontage of US Highway 421 where the development is occurring. B. Five (5) feet paved sidewalks shall be provided along all other street frontages. C. Sidewalks and pedestrian paths shall be constructed to optimize pedestrian movement between parcels and connect with existing pedestrian sidewalks and trails. Sidewalks and pedestrian paths along street frontages must be located a minimum of five (5) feet from parking areas D. Safe and convenient pedestrian crossings shall be provided across access drives and internal travel- ways. E. Crosswalks and pedestrian areas shall be signed and/ or accented and defined. HC BOC 100322 Page35 Page 12 of 20 F. The following images represent an example of this standard: 12.6.6 Streetscape Trees A. In addition to the landscaping and screening requirements in Section 9 – Buffer & Landscaping, it is the intent of this Article/Section that the frontage along US Highway 421 have an enhanced and uniform streetscape. B. A staggered double row of loblolly pines not less than four inches in DBH (Diameter at Breast Height) shall be planted along the frontage of US Highway 421 for every forty (40) linear feet of property fronting US Highway 421 and one understory tree such as redbud, crepe myrtle or dogwood for every twenty (20) linear feet of property fronting US Highway 421. The planting of loblolly pines shall not be required within the Airport Sub-Area of this district. 1. Streetscape trees shall be placed in a planting strip on private property and not within the public right-of-way unless permitted by NCDOT. 2. No streetscape tree can be planted farther than twenty (20) feet from the edge of the right-of- way to count towards this requirement. 3. The planting area must be covered with grass, shrubs, or mulched areas so that no soil is exposed. 4. Sidewalks, pedestrian paths and greenway trails may encroach into the planting strip. C. Existing vegetation may be used to satisfy the requirement for streetscape trees if the vegetation meets the requirements of this Article/Section. D. All wetpond and drypond retention systems visible from US Highway 421 or from adjacent residential development areas shall be effectively screened or designed as a landscaped feature. E. During the development review process, the Administrator may permit minor modifications in the placement of trees in order to avoid conflict with utility structures and utility lines. F. The following images represent examples this standard: HC BOC 100322 Page36 Page 13 of 20 12.6.7 Building Design A. Building design standards for buildings in this district shall follow Sections 12.3.2 [Building Materials & Color] through 12.3.4 [Architectural Standards Design Alternatives] of this ordinance. B. The Campus Sub-Area & Airport Sub-Area are subject to separate building design standards, but the following shall apply to the entire (EM-HCO): 1. A contextual approach should be considered when designing buildings within this corridor to respond to prevalent architectural features of the surrounding area, especially in areas where patterns are valued and well established by recurring & existing architectural features. 2. Loading docks, overhead doors, and loading and service areas (not to include doors sized primarily for pedestrian access) shall be effectively screened or “out-of-view” from US Highway 421. Such areas shall be considered “out-of-view” if it is within the 45-degree angles projected from the building edge as illustrated below: HC BOC 100322 Page37 Page 14 of 20 3. When screening is used, it shall consist of evergreen shrubs, fencing, wall or berm. 4. Barb-wire fencing shall only be permitted in areas not visible from the US Highway 421 right - of-way. 5. Chain link fences may be used when they are black vinyl coated, a maximum of eight (8) feet in height and evergreen shrubbery is provided along the entire area visible from the US Highway 421 right-of-way. 6. The building frontage should be designed to include sidewalk/plaza connections to the main pedestrian plan and sidewalk that includes landscaping, borders and bicycle parking amenities. 7. Foundation planting consisting of evergreen shrubs shall be installed along the entire front foundation wall of the building. Plant installation shall be a minimum of two feet in height planted at three- to four-foot intervals. 8. A building canopy, awning, or similar weather protection shall be provided for entrances facing US Highway 421 and should project a minimum of five (5) feet from the front building façade. 12.6.8 Lighting In addition to the standards of Section 7 – Lighting Standards and Article IX – Airport Height Control of this ordinance, these additional requirements shall apply in this district: A. Light fixtures that are not attached to a building shall be affixed to a pole, which may be of metal, fiberglass or concrete. B. All fixtures must be 90-degree cutoff angle fixtures only. This means a luminaire or light fixture that by design of the fixture housing, does not allow any light dispersion or direct glare to shine above a ninety (90) degree, horizontal plane from the base of the fixture. C. Fixtures should be placed to provide uniform distribution of light and to avoid intense lighting that produces excessive glare. D. The maximum height of the light source, detached from a building, is 20 feet. E. Lighting shall be functionally and architecturally integrated with site and building design. F. Light sources shall only be incandescent, LED, fluorescent, metal halide, or induction lighting may be used. G. Pedestrian scale light fixtures (pole or bollard) shall be provided along sidewalks and pedestrian paths no taller than 16 feet and spaced a max of 60 feet (see example below). H. All light fixtures are encouraged to be International Dark-Sky Association (IDA) approved. HC BOC 100322 Page38 Page 15 of 20 12.6.9 Utilities, Mechanical Equipment & Stormwater Facilities A. All utilities under the control of the property owner or developer shall be placed underground. Utilities such as water, sewer, natural gas, telephone, cable, etc., shall only be located in the portion of the required streetscape that does not have existing trees that can be protected or will not have newly planted trees. B. Mechanical equipment placed on a roof shall be shielded from public view behind a roof parapet or with architectural enclosure complementary to the building façade. C. Mechanical equipment on the ground such as electric and gas meters, electrical panels, junction boxes, transformers, etc. shall be shielded from public view using landscaping, enclosure, or located away from public view to the extent practical given the topography of the site and other physical limitations and designed to be perceived as an integral part of the building. D. All wet pond and dry pond retention systems shall be located a minimum of 50 feet from the US Highway 421 right-of-way and be effectively screened or designed as a landscaped feature. 12.6.10 Individual Use Standards A. Telecommunication Towers. All telecommunication towers located on private property shall be located a minimum of 100’ from the US Highway 421 right-of-way and shall not be located in the Airport Sub-Area of this district. B. Convenience Stores with Gasoline Stations. 1. No fueling pumps or other vehicular areas shall be located between the primary structure and US Highway 421 right-of-way (see example below). HC BOC 100322 Page39 Page 16 of 20 2. Gasoline canopies must be located at least fifty (50) feet from any interior side or rear property line that adjoins residentially developed property. 3. Gasoline canopies must use brick columns that are similar in color to the primary structure. 4. A conforming principal building is required and shall be a minimum of one-thousand (1,000) square feet. 5. No outdoor storage shall be allowed. C. Drive-thru Facilities. 1. No drive-through lanes shall be located between the primary structure and the US Highway 421 right-of-way. 2. Drive-through facilities shall be limited to two (2) lanes. 3. Drive-through lanes or loading spaces shall not be located any closer than fifty (50) feet to a residential zoning district. 4. Stacking Lane Requirements: a. The minimum number of stacking spaces shall be eight (8) spaces or sixteen (16) if double lanes are provided. b. Stacking spaces shall be a minimum of eight (8) feet wide by twenty (20) feet long per lane. c. Stacking spaces shall not impede on-site or off-site traffic movements, including access to parking spaces. d. Stacking spaces shall be separated from other internal driveways by raised medians if deemed necessary by the County or NCDOT for traffic movement and safety. D. Outdoor Storage All outdoor storage shall be located in the rear yard and be screened from view through buildings or an opaque fence or a combination of an opaque fence and evergreen landscaping from the view US Highway 421 right-of-way as well as any other right-of-way or adjacent property. The images below represent a graphical depiction of a typical site development under these regulations. HC BOC 100322 Page40 Page 17 of 20 12.6.11 Campus Sub-Area District Standards In addition to the general standards listed in the sections above, the following additional building standards shall apply to structures within the Campus Sub-Area of this overlay district HC BOC 100322 Page41 Page 18 of 20 A. Architecture 1. Buildings shall be designed to substantially resemble the architectural styles of existing buildings on the Campbell University campus. 2. Buildings shall include similar architectural styles that are contextual in nature. 3. Large areas of uninterrupted brickwork shall be broken up through the use of windows, archways or other patterns. 4. Blank walls shall not occupy more than fifty percent (50%) of a street facing frontage of US Highway 421 and shall not exceed an average of twenty (20) linear feet without interruption by a window or entry. 5. Window areas may extend down to within two (2) feet the floor line or across the entire frontage of a building's façade. 6. All buildings shall have a front entrance to US Highway 421 and shall be a distinct and prominent element of the architectural design incorporating lighting, change in mass, surface or finish to provide emphasis. 7. Buildings shall have the appearance of a two-story building (at minimum) with a maximum height of four-stories or eighty- five (85) feet. A story is considered to be a building level of no more than fourteen (14) feet in height from the finished floor to finished ceiling (see examples below for two-story building appearances). 8. Roof types shall be modified gabled or hip style only. B. Building Materials 1. A minimum of seventy-five percent (75%) of the frontage of buildings along US Highway 421 or side streets within the overlay district shall be of materials such as brick, stone or architectural concreate. The remainder may be of cement fiber board, exposed heavy timber or stucco. 2. Any percentage of materials are permitted in the rear of the buildings. 3. A minimum of fifty percent (50%) of the side of buildings shall be of materials such as brick, stone, or architectural concreate. The remainder may be of cement fiber board, exposed heavy timber or stucco. C. Building Colors 1. Facade colors shall be of low reflectance earth tone, muted, subtle, or neutral colors. Building trim may feature brighter colors as an accent material. The use of high -intensity, metallic, HC BOC 100322 Page42 Page 19 of 20 fluorescent, day glow, or neon colors shall be prohibited. Variations in color schemes are encouraged in order to articulate entry ways and public amenities so as to give greater recognition to these features. 2. The images to the right represent examples these standards. D. Outdoor Spaces 1. Larger retail centers (over 25,000 square feet) shall provide at least one outdoor space, or site amenity, to beautify the site in addition to the minimum landscaping requirements of this ordinance. 2. The outdoor space or site amenity is intended to enhance the vehicular and pedestrian entryways to the site and the buildings on the site. An “outdoor space” or “site amenity” may include, but is not limited to, the following: a. A public plaza or courtyard on the site; b. A landscaped median for the driveway(s) leading into the site and landscaped pedestrian areas; or c. A public square or park on the site, or on adjacent land. 3. The outdoor space or site amenity shall be improved with features which may include, but are not limited to: a. Landscaping b. Seating walls c. Outdoor dining areas d. Benches e. Fountains 12.6.12 Airport Sub-Area District Standards In addition to the general standards listed in the sections above and in Article IX – Airport Height Control of this ordinance, the following standards shall apply to buildings in the Airport Sub-Area of this overlay district. A. Architecture 1. Buildings in this sub-area may be of an industrial design in nature. 2. Blank walls shall not occupy more than sixty percent (60%) of a street facing frontage of US Highway 421 and shall not exceed twenty (20) linear feet without interruption by a window or entry. 3. All buildings shall have a front entrance to US Highway 421. 4. Sections or bays shall be provided every twenty (20) feet to visually subdivide the front façade. Features with different materials such HC BOC 100322 Page43 Page 20 of 20 as columns, projections, windows, awnings or an equivalent element that visually subdivides the wall shall be used. 5. Roof types shall be modified gable, hip, Dutch or mansard in style. B. Building Materials 1. A minimum of fifty percent (50%) of the frontage of buildings along US Highway 421 shall be of materials such as brick, stone or architectural concreate. The remainder may be architectural metal siding. 2. A minimum of twenty-five percent (25%) of the side of buildings shall be of materials such as brick, stone or architectural concreate. The remainder may be architectural metal siding. 3. Any percentage of materials are permitted in the rear of the buildings. C. Building Colors 1. Facade colors shall be of low reflectance earth tone, muted, subtle, or neutral colors. Building trim may feature brighter colors as an accent material. The use of high -intensity, metallic, fluorescent, day glow, or neon colors shall be prohibited. Variations in color schemes are encouraged in order to articulate entry ways and public amenities so as to give greater recognition to these features. HC BOC 100322 Page44 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 VIV: Zoning & Overlay Districts, Section 12.0 Highway Corridor Overlay District 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 19th day of September 2022 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS _______________________________ Lewis W. Weatherspoon, Chairman ATTEST: ____________________________________ Melissa D. Capps, Clerk HC BOC 100322 Page45 Article IV. Zoning & Overlay Districts Section 12.0 Highway Corridor Overlay Districts- HCO SECTION 12.0 HIGHWAY CORRIDOR OVERLAY DISTRICTS – HCO 12.1 Purpose & Intent It is the intent of the Highway Corridor Overlay Districts (HCO) to provide enhanced & contextual building design, uniform landscaping, specific development standards and vehicular access control measures for development within these corridors only. Development standards for the Highway Corridor Overlay District apply to all parcels within 600 feet of the right-of-way on both sides of the street as shown on the official zoning map. For parcels that are partially located within the Highway Corridor Overlay District, only the area within the boundary of the HCO District shall meet the standards of this Section. The boundaries of the Highway Corridor Overlay Districts (HCO) District and the Sub-Areas are shown on the County’s Officially Adopted Zoning Map. 12.1.1 Highway 87 Highway Corridor Overlay District The purpose of the Highway 87 Corridor Overlay District is to create an attractive gateway that supports safe traffic patterns along NC 87 in Harnett County. The district is subject to enhanced development regulations applicable to all non-residential development in the Harnett County Zoning Jurisdiction. 12.1.2 “Ed-Med” Highway Corridor Overlay District The purpose of the “Ed-Med” Highway Corridor Overlay District (EM-HCO) is to provide specific development standards that are applicable only to certain areas along US Highway 421 in Harnett County’s Jurisdiction. The EM-HCO District shall apply to all parcels located on either side of US Highway 421 from the Town of Lillington’s planning & development regulation jurisdiction (west) to the Town of Erwin’s planning and development regulation jurisdiction (east). Within the EM-HCO District are the following Sub-Areas: A. Campus Sub-Area The purpose and intent of the Campus Sub-Area is to recognize the unique character and interrelated development in proximity to Campbell University. The standards of this district are to assure orderly, coordinated, contextual development by establishing uniform standards that recognize the university’s unique impact in this area. B. Airport Sub-Area The Airport Sub-Area is established in the vicinity of the Harnett County Regional Jetport. The purpose of this area is to provide protection from encroachment of incompatible development characteristics and place additional height restrictions on buildings, structures, and trees. Basic design standards are created in this area to encourage uniform office, commercial, research and industrial site development. 12.2 Permitted & Special Uses HC BOC 100322 Page46 The permitted uses shall be the same as those in the underlying zoning districts. The Special Uses shall be the same as those in the underlying zoning districts. 12.3 General HCO Architectural Standards 12.3.1 Applicability A. All of the following regulations shall apply to all new nonresidential structures and development site plan submittals located within all Highway Corridor Overlay Zoning Districts. In some cases, there are also specific requirements for the Highway 421 Highway Corridor Overlay District (EM-HCO). B. Expansions 1. Expansions shall comply with these regulations at such time that the expansion totals 50 percent (50%) or more of the existing building size. The total percentage of building expansions shall be combined over a five (5) year period. At such time that the percentage of building expansions reaches 50 percent (50%) or more of the original building size, these regulations shall be met, for that part of the structure included in the expansion. 2. In cases where an expansion is equal to or greater than the total square footage of the existing building, both the expansion and the existing building shall also be brought into compliance with these regulations. The total shall be combined over a five (5) year period. C. Conversions of structures formerly used for residential purposes and changes of uses shall comply with the regulations included herein. 12.3.2 Building Materials & Colors A. Front facades and exterior walls visible from the public right(s)-of-way shall be composed of at least 50 percent (50%) approved primary materials, listed below. Secondary materials may be used on building walls not visible from a public right(s)-of-way. 1. Primary Building Materials The following materials shall be permitted as primary building materials. a. Brick b. Stone c. Fiber Cement Siding d. Architectural Concrete Said material shall be permitted if the surface is constructed to simulate brick or stone and only as approved by the Administrator. 2. Secondary Building Materials HC BOC 100322 Page47 The following materials shall be prohibited as primary building materials but shall be allowed as secondary material along with the approved primary building materials or as primary elements on walls not required to meet these requirements. Secondary materials are not required. When used, no more than 30 percent (30%) of front façades and exterior walls visible from the public right(s)-of-way shall be composed of the materials listed herein. a. Stucco b. Exterior Insulation Finishing System (EIFS) c. Painted or Stained Concrete d. Metal e. Split-Face Block 3. Supplemental Building Materials The following materials shall be allowed as supplemental materials along with primary and secondary materials. Supplementary building materials are not required. When used, no more than 10 percent (10%) of exterior walls shall be composed of the materials listed herein. a. Vinyl Siding b. Cast Concrete c. Smooth-Faced Concrete 4. Accessory Structures Building materials and colors on accessory structures shall be compatible with that approved for the primary structure. For example, canopies permitted as part of a gas station may use a combination of brick columns and a metal canopy that is similar in color to the primary structure. B. For purposes of this Ordinance, the term “visible from the public right(s)-of-way” shall mean visible from any existing public right(s)-of-way or any right(s)-of-way intended for future dedication for public use. Additionally, for purposes of this Section, only those public right(s)-of-way located within the Highway Corridor Overlay Zoning Districts shall be considered for compliance with these regulations. C. Two (2) or more materials shall be combined on one (1) façade; with the heavier material(s) being installed nearer to the ground or below other materials. D. Building Color The number of colors used shall be limited to no more than three (3) discernable colors or ranges of complementary hues. The dominate color shall constitute a minimum of 60 percent (60%) of the façade, excluding windows, doors, and the like. Façade colors shall be of low reflectance earth tone, muted, subtle, and/or neutral colors. Building trim may feature brighter colors, but neon tubing is not allowed as an accent material. The use of high intensity, metallic, fluorescent, or neon colors shall be prohibited. Variations in color schemes are encouraged in order to articulate entryways, architectural features, and public amenities so as to give greater recognition to these HC BOC 100322 Page48 features. 12.3.3 Building Design, Façades, & Massing A. Façades shall include changes in wall plane, incorporating at least one (1) change in wall plane, such as recesses and projections, along at least 20 percent (20%) of the length of the façade at a depth of at least three percent (3%) of the entire length of the building. 1. Buildings of 10,000 square feet or less shall include a change in wall plane for every 50 feet of length. 2. Buildings greater than 10,000 square feet shall include a change in wall plane for every 100 feet of length. B. Rooflines shall vary in height, material, treatment, direction, etc. and shall not extend in a continuous plane for more than 50 feet to reduce the scale of structures and to increase visual interest. Roof shape, such as flat, hip, mansard, or gable, and material shall be architecturally compatible with the façade elements of the rest of the building. C. Buildings with flat roofs or with roof pitches of 3:12 or less shall maintain a parapet wall along all walls visible from the public right(s)-of-way. Parapet walls shall have decorative cornices or caps. D. If roof cornices or caps have been removed or damaged on an existing building, renovations of such building shall include retaining, repairing, and replacing the roof cornices or caps, unless justification can be made to the Administrator as to why that is not feasible. 12.3.4 Architectural Standard Design Alternatives Alternative design plans, building materials, landscaping, and/or construction techniques may be used when unreasonable or impractical situations would result from the strict application of architectural standards of this Section. Such situations may result from unique site conditions, innovative design applications, and/or unified development design. The review and approval of Architectural Standard Design Alternatives shall be reviewed and decided by the Planning Board. The following criteria shall be used in determining whether an architectural standard design alternative can be accepted by the Planning Board in lieu of meeting the requirements of this Section. A. The proposal includes a clear and concise explanation of the specific standards that cannot be met and how the alternative methods proposed will achieve the intent of this Section; B. The proposal represents the use of alternative methods and/or materials (including but not limited to: building materials, massing, materials, and scale; orientation in relation to the public right(s)-of- way; façade treatment; landscaping; lighting; and open space) which will result in a development pattern which is equivalent to or greater than that required by this Ordnance; C. The proposed use and design alternative is compatible with adjacent land uses; D. The proposal is compatible with and will enhance the use or value of adjacent and area properties; E. The proposal is consistent with the intent of adopted County plans; and HC BOC 100322 Page49 F. The proposed development standards are, in all other aspects, consistent with the intent and purpose of this Ordinance. All findings specified above for the granting of such a request with the Architectural Standard Design Alternatives shall be provided in writing and signed by the Administrator. One (1) copy shall be provided to the applicant and another shall be retained as a part of the permanent record of the determination of the Planning Board. 12.4 General HCO Parking and Landscaping Requirements 12.4.1 General HCO Landscaping and Parking A. Parking lots, loading areas, and other vehicle use areas shall be planted with one (1) tree and two (2) shrubs for every 10 parking spaces required. B. At least 65 percent (65%) of the required parking lot trees shall be large shade trees. C. Trees and shrubs shall be planted within 15 feet of the vehicle use areas. D. Developments containing 30 or more parking spaces, 50 percent (50%) of the trees and shrubs required shall be planted in islands or medians located within the parking lot. E. A consecutive strip of parking spaces shall include landscape islands every 20 spaces apart and at the ends of all parking rows. F. Landscape islands shall be grassed and mowed, covered with organic material (for example, pine mulch), or a combination of the two (2). G. In calculating the number of trees and shrubs, standard rounding procedures shall be followed. (For example, one and a half (1.5) or greater will become two (2)) H. Per Article VII Section 3 – Parking & Off-Street Loading Requirement of this Ordinance, the number of parking spaces shall not exceed one hundred and ten percent (110%) of the minimum number of spaces required for the approved land use, except for residentially classified uses. Pervious pavers, with installation certified by a Geotechnical Engineer, utilized for parking spaces shall not be counted toward the total number of allowable parking spaces. 12.4.2 Highway 421- EM-HCO Parking and Landscaping Requirements A. All parking areas and driveways shall be paved with concrete, asphalt or alternate, hard-surface materials of similar quality. B. Off-Street parking shall be a minimum of twenty (20) feet from the US Highway 421 right-of-way line. C. Parking in the front of the building shall be limited to no more than two (2) rows of parking parallel to the front façade of the principal building. D. Parking areas with thirty (30) spaces or more shall be located to the side or behind buildings HC BOC 100322 Page50 and screened per Section 9 – Buffer & Landscaping of this ordinance. In addition, a continuous linear planting strip minimum of 8’ in width shall be provided for every two (2) parking bays. This planting strip shall contain evergreen shrubs planted at two (2) shrubs for every ten (10) feet and one (1) large maturing tree panted at every twenty (20) feet. E. Loading areas shall be located on the side or rear of the principal building. F. Parking areas on adjacent lots shall be connected with vehicular and pedestrian connections wherever practical. 12.5 Additional Development Standards 12.5.1 General HCO Vehicular Access and Driveway Requirements Driveways serving a new development parcel shall be permitted in accordance with the standards of the NCDOT; however, the Harnett County Planning Board and Board of Commissioners may require more strict standards as conditions of approval during the site plan review, if it is determined that the additional conditions may improve traffic movement and safety. Developers of nonresidential uses are required to share parking areas and driveways with adjoining developments. If the adjoining parcel is undeveloped, stub-outs are required for future connections. Stub-outs shall be fully constructed to the adjacent property line and located in locations that will allow for reasonable and feasible extension into adjacent properties. Also, no landscaping or structures shall be allowed near the intersections of driveways and streets that would impede safe vision of traffic. Subdivision of land with multiple smaller parcels having frontage on the roadway along the corridor will not be allowed. NCDOT and the County prohibit this type of development within the corridor. Development will be required to have shared access to the roadway as approved by the NCDOT and the County. 12.5.2 Highway 421- EM-HCO Vehicular Access & Driveways Requirements 1. Access a. Cross-access ways shall allow for two-way traffic between parcels through the use of a single drive aisle with a minimum width of twenty (20) feet, or through two one-way aisles, each HC BOC 100322 Page51 with a minimum width of ten feet. b. Where provided, a cross-access easement shall be recorded at the Harnett County Register of Deeds by the owner/developer prior to issuance of a Certificate of Occupancy and be considered a development standard required as part of this ordinance. c. The Administrator may modify this requirement when site conditions relative to topography, avoiding utility infrastructure, or other clearly identifiable safety conditions are present. When cross-access is waived in accordance with this Article/Section, bicycle and pedestrian connections shall be provided between adjacent developments or uses, unless the provision is deemed unreasonable or impracticable. 2. Private Roads & Driveways: a. One combined entrance and exit shall be permitted for each lot with frontage on US Highway 421 as permitted by the County & NCDOT. b. For lots with five-hundred (500) feet or more of frontage along US Highway 421, two (2) combined entrances and exits shall be permitted in coordination with NCDOT. c. For projects requiring a Traffic Impact Analysis (TIA), the maximum number of driveways shall be determined though the TIA requirements as well as County and NCDOT approvals. d. Private roads shall have a maximum block length of one thousand (1,000) feet. e. Private roads shall be lined with large maturing trees or understory trees of uniform species planted at a minimum of thirty (30) feet on center. 12.5.3 Outdoor Storage Outdoor storage, when permitted, shall be screened from view so that it is not visible from a right(s)- of-way or adjacent property(s). Any accessory outdoor storage area shall comply with the requirements set forth in Subsection “Outdoor Storage Area Screening”, Section “Buffers & Landscaping” of Article VII “Development Design Guidelines.” 12.5.4 General HCO Signs Requirements A. Business & Other Signs 1. General Sign Regulations All business and other signs located within the Highway Corridor Overlay Zoning District shall comply with the regulations of this Section, as well as with all other sign requirements of this Ordinance. 2. Sign Landscaping A minimum of one (1) large and two (2) small trees per detached sign on the property shall be planted, if not existing, within the perimeter planting strip. HC BOC 100322 Page52 B. Outdoor Advertising Signs No outdoor advertising signs shall be allowed within the Highway Corridor Overlay District or on any property(s) that are partially located within the Highway Corridor Overlay District, except in compliance with Section “Nonconforming Signs” of Article II “Nonconformities”. 12.5.5 Highway 421- EM-HCO Sign Requirements A. New off-premises signs or billboards are expressly prohibited within this overlay district. B. In addition to the requirements of Article VII Section 10 – Sign Regulations, all ground signs must meet the following standards: 1. Be placed a minimum of ten (10) feet from a public right-of-way and located along, or facing, US Highway 421 or the road from which direct or principal vehicular access to the premises is obtained. 2. All monument signs shall be provided with a landscaped area at least equal to the sign surface area of the sign. Such landscaping may include any size or variety of annuals, perennials, ornamental grasses, or shrubs. C. The provisions of Article VII Section 10 – Sign Requirements shall govern all other signage standards within this corridor. D. The following image represent an example of ground signage permitted in this district: 12.5.6 General HCO Trash Containment Areas Outside dumpster/recycle, etc., sites shall be located in the side or rear yard and effectively screened with materials which are compatible with the architectural design and materials of the primary structure (see example image below). HC BOC 100322 Page53 12.6 “Ed-Med” Highway Corridor Overlay District (EM-HCO) 12.6.1 Exemptions The following development types are exempt from the standards in this Article/Section: A. Master development plans approved under the Office & Institutional Zoning District. B. Developments proposed for single-family residential subdivisions. C. Buildings which are primarily utilized for agricultural purposes. D. Existing single-family lots and single-family subdivisions. 12.6.2 Expansion & Changes of Use Expansions shall comply with these regulations at such time that the expansion totals 50 percent (50%) or more of the existing building size. The total percentage of building expansions shall be combined over a five (5) year period. At such time that the percentage of building expansions reaches fifty percent (50%) or more of the original building size, these regulations shall be met, for that part of the structure included in the expansion. In cases where an expansion is equal to or greater than the total square footage of the existing building, both the expansion and the existing building shall also be brought into compliance with these regulations. The total shall be combined over a five (5) year period. 12.6.3 Modifications The Administrator, in reviewing a development application, may adjust specific EM-HCO requirements for yards adjacent to the corridor or intersecting streets provided the average depth of a required yard or setback for the entire parcel is maintained. In permitting site-specific variations the Administrator shall find that the modification requested: A. Is consistent with the overall purpose and intent of these requirements; B. Is necessitated by the configuration and/or topography of the land, which makes it impractical to HC BOC 100322 Page54 comply with the yard and setback requirements of this Article/Section for specific areas of the parcel; C. Does not reduce the required yard or setback by more than fifty percent (50%). 12.6.4 Required Development Standards A. Building Location Standards Building setbacks shall be the same as for the underlying zoning district provided, however, buildings shall be oriented to “front” on US Highway 421 and be placed no farther than one hundred (100) feet from the US Highway 421 right-of-way line. B. Building Height Standards With the exception of the Campus Sub-Area, the height of any building within this corridor shall be limited to thirty-five feet above the centerline elevation of US Highway 421 measured from the front of the nearest the building. 12.6.5 Sidewalks & Pedestrian Paths A. A ten (10) foot wide paved pedestrian path shall be required to be constructed along the entire frontage of US Highway 421 where the development is occurring. B. Five (5) feet paved sidewalks shall be provided along all other street frontages. C. Sidewalks and pedestrian paths shall be constructed to optimize pedestrian movement between parcels and connect with existing pedestrian sidewalks and trails. Sidewalks and pedestrian paths along street frontages must be located a minimum of five (5) feet from parking areas D. Safe and convenient pedestrian crossings shall be provided across access drives and internal travel- ways. E. Crosswalks and pedestrian areas shall be signed and/ or accented and defined. F. The following images represent an example of this standard: HC BOC 100322 Page55 12.6.6 Streetscape Trees A. In addition to the landscaping and screening requirements in Section 9 – Buffer & Landscaping, it is the intent of this Article/Section that the frontage along US Highway 421 have an enhanced and uniform streetscape. B. A staggered double row of loblolly pines not less than four inches in DBH (Diameter at Breast Height) shall be planted along the frontage of US Highway 421 for every forty (40) linear feet of property fronting US Highway 421 and one understory tree such as redbud, crepe myrtle or dogwood for every twenty (20) linear feet of property fronting US Highway 421. The planting of loblolly pines shall not be required within the Airport Sub-Area of this district. 1. Streetscape trees shall be placed in a planting strip on private property and not within the public right-of-way unless permitted by NCDOT. 2. No streetscape tree can be planted farther than twenty (20) feet from the edge of the right-of- way to count towards this requirement. 3. The planting area must be covered with grass, shrubs, or mulched areas so that no soil is exposed. 4. Sidewalks, pedestrian paths and greenway trails may encroach into the planting strip. C. Existing vegetation may be used to satisfy the requirement for streetscape trees if the vegetation meets the requirements of this Article/Section. D. All wetpond and drypond retention systems visible from US Highway 421 or from adjacent residential development areas shall be effectively screened or designed as a landscaped feature. E. During the development review process, the Administrator may permit minor modifications in the placement of trees in order to avoid conflict with utility structures and utility lines. F. The following images represent examples this standard: HC BOC 100322 Page56 12.6.7 Building Design A. Building design standards for buildings in this district shall follow Sections 12.3.2 [Building Materials & Color] through 12.3.4 [Architectural Standards Design Alternatives] of this ordinance. B. The Campus Sub-Area & Airport Sub-Area are subject to separate building design standards, but the following shall apply to the entire (EM-HCO): 1. A contextual approach should be considered when designing buildings within this corridor to respond to prevalent architectural features of the surrounding area, especially in areas where patterns are valued and well established by recurring & existing architectural features. 2. Loading docks, overhead doors, and loading and service areas (not to include doors sized primarily for pedestrian access) shall be effectively screened or “out-of-view” from US Highway 421. Such areas shall be considered “out-of-view” if it is within the 45-degree angles projected from the building edge as illustrated below: HC BOC 100322 Page57 3. When screening is used, it shall consist of evergreen shrubs, fencing, wall or berm. 4. Barb-wire fencing shall only be permitted in areas not visible from the US Highway 421 right- of-way. 5. Chain link fences may be used when they are black vinyl coated, a maximum of eight (8) feet in height and evergreen shrubbery is provided along the entire area visible from the US Highway 421 right-of-way. 6. The building frontage should be designed to include sidewalk/plaza connections to the main pedestrian plan and sidewalk that includes landscaping, borders and bicycle parking amenities. 7. Foundation planting consisting of evergreen shrubs shall be installed along the entire front foundation wall of the building. Plant installation shall be a minimum of two feet in height planted at three- to four-foot intervals. 8. A building canopy, awning, or similar weather protection shall be provided for entrances facing US Highway 421 and should project a minimum of five (5) feet from the front building façade. 12.6.8 Lighting In addition to the standards of Section 7 – Lighting Standards and Article IX – Airport Height Control of this ordinance, these additional requirements shall apply in this district: HC BOC 100322 Page58 A. Light fixtures that are not attached to a building shall be affixed to a pole, which may be of metal, fiberglass or concrete. B. All fixtures must be 90-degree cutoff angle fixtures only. This means a luminaire or light fixture that by design of the fixture housing, does not allow any light dispersion or direct glare to shine above a ninety (90) degree, horizontal plane from the base of the fixture. C. Fixtures should be placed to provide uniform distribution of light and to avoid intense lighting that produces excessive glare. D. The maximum height of the light source, detached from a building, is 20 feet. E. Lighting shall be functionally and architecturally integrated with site and building design. F. Light sources shall only be incandescent, LED, fluorescent, metal halide, or induction lighting may be used. G. Pedestrian scale light fixtures (pole or bollard) shall be provided along sidewalks and pedestrian paths no taller than 16 feet and spaced a max of 60 feet (see example below). H. All light fixtures are encouraged to be International Dark-Sky Association (IDA) approved. 12.6.9 Utilities, Mechanical Equipment & Stormwater Facilities A. All utilities under the control of the property owner or developer shall be placed underground. Utilities such as water, sewer, natural gas, telephone, cable, etc., shall only be located in the portion of the required streetscape that does not have existing trees that can be protected or will not have newly planted trees. B. Mechanical equipment placed on a roof shall be shielded from public view behind a roof parapet or with architectural enclosure complementary to the building façade. C. Mechanical equipment on the ground such as electric and gas meters, electrical panels, junction boxes, transformers, etc. shall be shielded from public view using landscaping, enclosure, or HC BOC 100322 Page59 located away from public view to the extent practical given the topography of the site and other physical limitations and designed to be perceived as an integral part of the building. D. All wet pond and dry pond retention systems shall be located a minimum of 50 feet from the US Highway 421 right-of-way and be effectively screened or designed as a landscaped feature. 12.6.10 Individual Use Standards A. Telecommunication Towers. All telecommunication towers located on private property shall be located a minimum of 100’ from the US Highway 421 right-of-way and shall not be located in the Airport Sub-Area of this district. B. Convenience Stores with Gasoline Stations. 1. No fueling pumps or other vehicular areas shall be located between the primary structure and US Highway 421 right-of-way (see example below). 2. Gasoline canopies must be located at least fifty (50) feet from any interior side or rear property line that adjoins residentially developed property. 3. Gasoline canopies must use brick columns that are similar in color to the primary structure. 4. A conforming principal building is required and shall be a minimum of one-thousand (1,000) square feet. 5. No outdoor storage shall be allowed. C. Drive-thru Facilities. 1. No drive-through lanes shall be located between the primary structure and the US Highway 421 right-of-way. 2. Drive-through facilities shall be limited to two (2) lanes. 3. Drive-through lanes or loading spaces shall not be located any closer than fifty (50) feet to a residential zoning district. 4. Stacking Lane Requirements: HC BOC 100322 Page60 a. The minimum number of stacking spaces shall be eight (8) spaces or sixteen (16) if double lanes are provided. b. Stacking spaces shall be a minimum of eight (8) feet wide by twenty (20) feet long per lane. c. Stacking spaces shall not impede on-site or off-site traffic movements, including access to parking spaces. d. Stacking spaces shall be separated from other internal driveways by raised medians if deemed necessary by the County or NCDOT for traffic movement and safety. D. Outdoor Storage All outdoor storage shall be located in the rear yard and be screened from view through buildings or an opaque fence or a combination of an opaque fence and evergreen landscaping from the view US Highway 421 right-of-way as well as any other right-of-way or adjacent property. The images below represent a graphical depiction of a typical site development under these regulations. HC BOC 100322 Page61 12.6.11 Campus Sub-Area District Standards In addition to the general standards listed in the sections above, the following additional building standards shall apply to structures within the Campus Sub-Area of this overlay district HC BOC 100322 Page62 1. ArchitectureBuildings shall be designed to substantially resemble the architectural styles of existing buildings on the Campbell University campus. 2. Buildings shall include similar architectural styles that are contextual in nature. 3. Large areas of uninterrupted brickwork shall be broken up through the use of windows, archways or other patterns. 4. Blank walls shall not occupy more than fifty percent (50%) of a street facing frontage of US Highway 421 and shall not exceed an average of twenty (20) linear feet without interruption by a window or entry. 5. Window areas may extend down to within two (2) feet the floor line or across the entire frontage of a building's façade. 6. All buildings shall have a front entrance to US Highway 421 and shall be a distinct and prominent element of the architectural design incorporating lighting, change in mass, surface or finish to provide emphasis. 7. Buildings shall have the appearance of a two- story building (at minimum) with a maximum height of four-stories or eighty-five (85) feet. A story is considered to be a building level of no more than fourteen (14) feet in height from the finished floor to finished ceiling (see examples below for two-story building appearances). 8. Roof types shall be modified gabled or hip style only. B. Building Materials 1. A minimum of seventy-five percent (75%) of the frontage of buildings along US Highway 421 or side streets within the overlay district shall be of materials such as brick, stone or architectural concreate. The remainder may be of cement fiber board, exposed heavy timber or stucco. 2. Any percentage of materials are permitted in the rear of the buildings. 3. A minimum of fifty percent (50%) of the side of buildings shall be of materials such as brick, stone, or architectural concreate. The remainder may be of cement fiber board, exposed heavy timber or stucco. C. Building Colors HC BOC 100322 Page63 1. Facade colors shall be of low reflectance earth tone, muted, subtle, or neutral colors. Building trim may feature brighter colors as an accent material. The use of high-intensity, metallic, fluorescent, day glow, or neon colors shall be prohibited. Variations in color schemes are encouraged in order to articulate entry ways and public amenities so as to give greater recognition to these features. 2. The images to the right represent examples these standards. D. Outdoor Spaces 1. Larger retail centers (over 25,000 square feet) shall provide at least one outdoor space, or site amenity, to beautify the site in addition to the minimum landscaping requirements of this ordinance. 2. The outdoor space or site amenity is intended to enhance the vehicular and pedestrian entryways to the site and the buildings on the site. An “outdoor space” or “site amenity” may include, but is not limited to, the following: a. A public plaza or courtyard on the site; b. A landscaped median for the driveway(s) leading into the site and landscaped pedestrian areas; or c. A public square or park on the site, or on adjacent land. 3. The outdoor space or site amenity shall be improved with features which may include, but are not limited to: a. Landscaping b. Seating walls c. Outdoor dining areas d. Benches e. Fountains 12.6.12 Airport Sub-Area District Standards In addition to the general standards listed in the sections above and in Article IX – Airport Height Control of this ordinance, the following standards shall apply to buildings in the Airport Sub-Area of this overlay district. A. Architecture HC BOC 100322 Page64 1. Buildings in this sub-area may be of an industrial design in nature. 2. Blank walls shall not occupy more than sixty percent (60%) of a street facing frontage of US Highway 421 and shall not exceed twenty (20) linear feet without interruption by a window or entry. 3. All buildings shall have a front entrance to US Highway 421. 4. Sections or bays shall be provided every twenty (20) feet to visually subdivide the front façade. Features with different materials such as columns, projections, windows, awnings or an equivalent element that visually subdivides the wall shall be used. 5. Roof types shall be modified gable, hip, Dutch or mansard in style. B. Building Materials 1. A minimum of fifty percent (50%) of the frontage of buildings along US Highway 421 shall be of materials such as brick, stone or architectural concreate. The remainder may be architectural metal siding. 2. A minimum of twenty-five percent (25%) of the side of buildings shall be of materials such as brick, stone or architectural concreate. The remainder may be architectural metal siding. 3. Any percentage of materials are permitted in the rear of the buildings. C. Building Colors 1. Facade colors shall be of low reflectance earth tone, muted, subtle, or neutral colors. Building trim may feature brighter colors as an accent material. The use of high-intensity, metallic, fluorescent, day glow, or neon colors shall be prohibited. Variations in color schemes are encouraged in order to articulate entry ways and public amenities so as to give greater recognition to these features. HC BOC 100322 Page65 Board Meeting Agenda Item MEETING DATE: September 19, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Zoning Change: Case # PLAN2207-0002 REQUESTED BY: Mark Locklear/ Development Services REQUEST: Landowner / Applicant: Linda Ennis Kimbrough / Rhetson Companies, Inc.; 6.54 +/- acres; Pin 1529-09-0967.000; From RA-30 to Commercial Zoning District; Intersection of NC Hwy 27 E & SR # 1581 (Baileys Crossroads Rd); Grove Township. Development Services staff recommends approval based on existing nonresidential uses in the area as well as the improvements that could be provided in the future. Additional Information: At their September 6th meeting, the Harnett County Planning Board voted unanimously (4-0) to recommend denial of this rezoning due to neighborhood compatibility and vehicle safety concerns. The Planning Board also thoroughly evaluated the Small Scale Rezoning criteria and found this to be unreasonable. Many area residents attended the meeting and several spoke in opposition. Concerns included: o Vehicle safety and visibility; NCDOT improvements may help some issues, but this business could recreate those issues or increase them. o Not a needed businesses for the area; existing businesses in the area are small, resident owned, and neighborhood oriented o excess lighting in a rural community o increased crime o public safety and communication issues due to multiple jurisdictions. Item 7 HC BOC 100322 Page66 FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: HC BOC 100322 Page67 HC BOC 100322 Page68 HC BOC 100322 Page69 HC BOC 100322 Page70 RETAINRETAINRETAINRETAINREMOVERETAINSEE DETAIL ASPECIAL LATERAL V DITCHSEE DETAIL ASPECIAL LATERAL V DITCHSlopeFillNOTE: SEE SHT 5 FOR PROFILENOTE: SEE SHTS X-1 TO X-4 FOR X-SECTIONSAND SR 1581 BAILEY'S CROSSROADS AND SR 1703. (NOT SHOWN).NOTE: ALL-WAY STOPS AT NC-27 & SR 1703 RED HILL CHURCH29-DEC-2021 09:56S:\DDC\DDC\Projects\W-5806D NC 27 at Fairground Rd_Harnett\Roadway\proj\W -5806D_Rdy_psh4.dgn$$$$USERNAM E$$$$HYDRAULICSROADWAY DESIGNENGINEERENGINEER R/W SHEET NO.5/14/99 SHEET NO.PROJECT REFERENCE NO.04 W-5806D DOCUMENT NOT CONSIDERED FINALUNLESS ALL SIGNATURES COMPLETED+20.00 -Y1-50.00'EXIST.+72.00 -Y1-EXIST.46.00'EXIST.+20.00 -Y1-46.00'EXIST.+00.00 -Y1-645T H H C T INV=264.04'INV=265.41'INV=264.53'INV=258.68'INV=259.91'24" R CP 18" R C P 18" RCP15" RCP15" RCPS 84°3 4'40" E 150.17' T C T T S 8 4°3 7'15" E 2 0 8.3 7'N 03°43'11" ES 89°39'39" W209.26'N 03°57'42" E107.15'S 00°47'28" W197.32'N 00°47'54" E192.02'S 8 8°2 4'15" E 4 1.5 5' S 8 8°2 4'15" E 115.3 4' S 8 8°3 0'0 5" E 14 9.73'S 08°50'45" W222.11'N 60°24'56" E107.73' N 40°42'24" E 254.20'N 53°56'35" W171.92' S 40°22'25" W 253.97' N 40°07'35" E 100.58'N 23°39'12" W340.95'S 87°59'56" W 242.71'S 07°13'37" E88.86'S 46°32'35" E19.31'N 76°31'34" E 48.11'S 13°28'26" E45.94'S 84°59'46" W 175.16' 0.50 TO EIP 0.81 T O E IP1.3 4' T O EIP 1.0 3' T O EIP N 8 7°52'15" W15 7.42' 0.3 0' to R/W1SFD1SFD1SFD1SFDSHEDCONCPOOL13' SOIL 15" RCP13' SOIL11' SOIL 13' SOIL 16' CONCEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/W1.29' TO EIPN 40°15'24" E 356.17'N 00°32'54" E119.48'15" CMP15" RCP15" HDPE15" RCP15" RCP15" RCP12' SOI L12' SOIL 11' S OIL10' SOIL10' SOIL 12' S OI L D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.25' BSTNC HWY 27TO BENSONNC HWY 2724' BSTTO COATS23' BSTBAILEYS CROSSROADS ROAD (SR 1551)TO RED HILL CHURCH ROAD (SR1168)FAIRGROUNDS ROAD (SR 1705)23' BSTTO TILGHMAN ROAD (SR 1704)100.00' 100.00'60.00'BL-1BL-2265.28'INV=ELEV= 265.28'25' RTBL STA 26+16.00 BM1EDGAR & MILDRED W NORRISDB 949 PG 810JOHN ALVIS ENNIS JRDB 3115 PG 176PC C PG 183-CDKY PROPERTIES LLCDB 3656 PG 846PB 2001 PG 1166DKY PROPERTIES LLCDB 3656 PG 846PB 2001 PG 1166JAMES HERRING DB 2617 PG 996PB 2005 PG 347WHITTINGTON CLAUDIA NORRIS DB 713 PG 897PB 2005 PG 347 LISA WHITTINGTONWILLIAM CHRISTOPHER &DB 3463 PG 750PB 2005 PG 347JOHN ALVIS ENNIS JRDB 3115 PG 176PC C PG 183-CM M HODGESDB 1034 PG 39 CHADLEY & JAMIE BEASLEY HUGHES DB 3319 PG 717PB 2015 PG 88LINWOOD CARROLL THORTON IIDB 1124 PG 450PC C PG 183-CGEORGE W & JEAN MOORE PC F PG 410-CGEORGE WILLIAM MOORE JRDB 1096 PG 207PC F PG 410-CLINDA ENNIS KIMBROUGH DB E PG 300PC C PG 183-C1SFDSHED1SFDEIPEIPEIPEIPEIPEIPEIPEIPWELL15" RCP-IV 04032 4 " RCP-I VGRA D E TO DRAIN 401402CL B RIP RAPGRA D E TO DRAIN ( Not to Scale)SPECIAL LATERAL 'V' DITCH3:1DFROM -Y2- STA. 12+75 TO STA. 14+32 RT.FROM -L- STA. 9+39 TO STA. 11+00 RT.Min. D= VAR.DETAIL AGroundNaturalFlatter4:1 or NAD 83/ 2011R=50'R=50'NOITISNART '0500.04+ .TSIX E '42 '42 '0 3 NOITISNART '05.02.06.06 .05 . 0 4 .03-Y2- POT Sta. 14+80.71=-L- POC Sta. 9+00.00-L- POT Sta. 5+00.00PI Sta 13+95.51DL = 109.58'T = 57.37'R = 150.00'PI Sta 11+71.64DL = 338.14'T = 171.64'R = 800.00'-Y1- POT Sta. 14+25.00=-L- POT Sta. 8+16.38-Y2- PRC Sta. 13+38.14-Y1- POT Sta. 10+00.00-L- PT Sta. 12+53.15-L- POT Sta. 13+00.00-L--Y2--Y2-BEGIN STATE PROJECT W-5806D-L- STA 7+30.00-L- STA 9+75.00END STATE PROJECT W-5806D-Y2- STA 12+50.00BEGIN CONSTRUCTION-Y1- STA 12+27.18BARRICADEINSTALL GUARDRAIL R=50'-Y2- PC Sta. 10+00.0010+00 10+0010+00-Y2- PT Sta. 14+47.73-L- PC Sta. 8+78.045+00END CONSTRUCTION-L- STA 11+00.00BEGIN OVERLAYBEGIN CONSTRUCTION-Y2- STA 13+00.00PI Sta 10+65.64DL = 375.10'T = 187.60'R = 7,000.00'BEGIN OVERLAYEND OVERLAYBEGIN GRADEEND OVERLAY-Y1- STA 12+27.18END CONSTRUCTIONHC BOC 100322 Page71 HC BOC 100322 Page72 HC BOC 100322 Page73 HC BOC 100322 Page74 HC BOC 100322 Page75 HC BOC 100322 Page76 HC BOC 100322 Page77 HC BOC 100322 Page78 HC BOC 100322 Page79 HC BOC 100322 Page80 HC BOC 100322 Page81 HC BOC 100322 Page82 HC BOC 100322 Page83 HC BOC 100322 Page84 HC BOC 100322 Page85 HC BOC 100322 Page86 HC BOC 100322 Page87 HC BOC 100322 Page88 HC BOC 100322 Page89 HC BOC 100322 Page90 HC BOC 100322 Page91 HC BOC 100322 Page92 HC BOC 100322 Page93 STAFF REPORT Page 1 of 6 REZONING STAFF REPORT Case: PLAN 2207-0002 Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: September 6, 2022 County Commissioners: September 19, 2022 Requesting a Rezoning from RA-30 to Commercial Applicant Information Owner of Record: Applicant: Name: Linda Ennis Kimbrough Name: Rhetson Companies, Inc Address: 707-C Daniels St Address: 2075 Juniper Lake Rd City/State/Zip: Raleigh, NC 27605 City/State/Zip: West End, NC 27376 Property Description PIN(s): 1529-09-0967.000 Acreage: 6.54 Address/SR No.: 2125 Baileys Crossroads Rd. Coats, NC 27521 Township: (09) Johnsonville (10) Lillington (11) Neill’s Creek (12) Stewart’s Creek (13) Upper Little River (01) Anderson Creek (02) Averasboro (03) Barbecue (04) Black River (05) Buckhorn (06) Duke (07) Grove (08) Hectors Creek Vicinity Map HC BOC 100322 Page94 STAFF REPORT Page 2 of 6 Physical Characteristics Site Description: The site is currently vacant. Per the application, the intent is to build a convenience/ retail type store. Surrounding Land Uses: Surrounding land uses consist of single-family residences, agricultural land, a convenience store (Benson’s jurisdiction), churches, and several other neighborhood based businesses. Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Daily Traffic Count: approx. 6,700 for this section of NC 27 E, and 1,500 for this section of Bailey Crossroads Rd. Site Distances: Good HC BOC 100322 Page95 STAFF REPORT Page 3 of 6 Zoning District Compatibility The following is a summary list of potential uses. For actual permitted uses please refer to the UDO’s Table of Uses. CURRENT REQUESTED RA-30 Commercial Parks & Rec X Natural Preserves X X Bona Fide Farms X Single Family X Manufactured Homes, Design Regulated X Manufactured Homes Multi-Family Institutional Commercial Services X Retail X Wholesale X Industrial Manufacturing Land Use Classification Compatibility ZONING LAND USE Commercial AG Parks & Rec X Natural Preserves X Bona Fide Farms X Single Family X Manufactured Homes, Design Regulated Manufactured Homes Multi-Family Institutional X X Commercial Service X Retail X Wholesale Industrial Manufacturing _ HC BOC 100322 Page96 STAFF REPORT Page 4 of 6 Site Photographs Site, NC 27 view towards Coats, 4 way stop sign at Red Hill Church Rd Site, Bailey’s Crossroads Rd towards NC 27; future location of cul-de-sac. Site, NC 27 view towards Benson Site, Bailey’s Crossroads Rd away from NC 27; 4 way stop sign at Red Hill Church Rd; future location of cul- de-sac. HC BOC 100322 Page97 STAFF REPORT Page 5 of 6 Evaluation Yes No The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The requested rezoning to Commercial would not have an unresasonable impact on the community due to existing the neighborhood/ convenience uses that exist as well as the services that could be provided in the future. Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning district is not fully compatible with the existing land use classification of Agricultural & Rural Residential. However, this site is along NC 27 and in close proximity of the Town of Benson. During the next Land Use Plan update, staff recommends that at least a Rural Development Node be created around this intersection to include this parcel. (see picture below) Per G.S. 160D-605(a). A rezoning inconsistent with a plan does not amend the text of the plan, but it does amend the future land use map. Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning would enhance or maintain the public health, safety and general welfare due to the existing transportation, as well as the potential site improvements that could take place. Also, NCDOT has plans to realign this intersection which could alleviate any traffic flow concerns that may be created from a commercial use. Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Since the proposed zoning district is not contiguous to Commercial this application needs to be evaluated for Small Scale Rezoning. HC BOC 100322 Page98 STAFF REPORT Page 6 of 6 Suggested Statement-of-Consistency (Staff concludes that…) As stated within the evaluation, the requested rezoning to Commercial is not compatible with all Harnett County regulatory documents. However, since this site is along NC 27 and is in close proximity to the Town of Benson, if approved a Land Use map amendment is proposed to ensure compliance. Further, if rezoned to Commercial it would enhance the public health, safety, & general welfare to the community due to existing the neighborhood/ convenience uses that exist as well as the improvements that could be provided in the future. Therefore, it is recommended that this rezoning request be Approved. Additional Information On September 6th, the Harnett County Planning Board voted unanimously (4-0) to recommend denial of this rezoning due to neighborhood compatibility and vehicle safety concerns. The Planning Board also thoroughly evaluated the Small Scale Rezoning criteria and found this to be unreasonable. Many area residents attended the meeting and several spoke in opposition. Concerns included: o Vehicle safety and visibility; NCDOT improvements may help some issues, but this business could recreate those issues or increase them. o Not a needed businesses for the area; existing businesses in the area are small, resident owned, and neighborhood oriented o excess lighting in a rural community o increased crime o public safety and communication issues due to multiple jurisdictions Small Scale Rezoning Standards of Review Small scale zoning is permissible in North Carolina if it is reasonable. The courts have set out the following four factors to be used in a case-by-case analysis to determine if a particular zoning is reasonable. RESONABLENESS FINDINGS OF FACT Yes No A. SIZE OF THE TRACT The overall size of the tract of land proposed for rezoning is reasonable when compared to the size of the zoning district in which the subject property is located. Yes No B. COMPATIBILITY WITH A COMPREHENSIVE PLAN The proposed rezoning is consistent with any comprehensive plan, plan or elements thereof. Yes No C. IMPACT The impact to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. Yes No D. COMPARISON OF USES The allowed uses within the proposed zoning district are similar or comparable to uses permitted as currently zoned. It is at the discretion of the Board to carefully analyze the above criteria to determine if the proposed zoning change would be considered reasonable. GRANTING A SMALL SCALE REZONING Motion to grant the small scale rezoning upon finding that the request is reasonable considering one or more of the above findings of fact A-D being found in the affirmative DENYING A SMALL SCALE REZONING Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest and is unreasonable due to the following: The size of the tract Incompatibility with the comprehensive plan Impact to surrounding community and immediate neighbors Proposes uses are extremely dissimilar to those currently permitted HC BOC 100322 Page99 Board Meeting Agenda Item MEETING DATE: September 19, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Zoning Change: Case # PLAN2207-0004 REQUESTED BY: Mark Locklear/ Development Services REQUEST: Landowner / Applicant: Johnny Faircloth; 4.59 +/- acres (consisting of three parcels); Pin # 9575-25-2300.000, 9575-25-1192.000, 9575-24-3974.000; From Commercial to RA-20R Zoning District; NC Hwy 24; Johnsonville Township. Development Services staff recommends approval based on the Land Use compatabilty and residential nature of this area. Additional Information: At their September 6th meeting, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of application based on the existing residential developmnet and district. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 8 HC BOC 100322 Page100 HC BOC 100322 Page101 HC BOC 100322 Page102 HC BOC 100322 Page103 HC BOC 100322 Page104 HC BOC 100322 Page105 HC BOC 100322 Page106 20553 SF20463 SF20051 SF20199 SF31191 SF20049 SF631425282611 8 8 .5 2 '19.36'A=83.37'1 9 5 .6 2 'A=64.11'58.82'69.41'218.67'126.88'102.95'233.82'A=26.37'MINIMUM BUILDING SET BACKSMAXIMUM HEIGHT ------- 35'SIDE YARD -------- 10'FRONT YARD -------- 35'CORNER LOT SIDE YARD -- 20'REAR YARD -------- 25'N 00°41'06"E154.22'S 89°41'12"EN 83°43'14"W3.03'N 01°38'05"E46.94'N 89°49'08"W206.23'N 26°46'33"E36.77'N 46°02'23"E32.18'N 80°33'02"W69.58'A=122.30 'R =5 0 .00'S 30°03'02"W85.87'S 41°00'00"W24.39'N 51°56'56"W 57.25'S 29°47'20"W41.08'S 43°58'35"W120.28'A=294.29'R=1454.26'S 31°10'03"W69.56'35.24' N 45°29'57"EC-2 25.00'NIS37.25'EIPEIP33.90'EIPN 88°43'54"E39.11'S54°22'29"E293.78'CB&DCB&DN23 °4 2 '4 0 "W 94.01'C-1C-2CURVE RADIUS LENGTH CHORD CH.BEARINGNISNISNISNISNISC-1 25.00'LEGENDLINES SURVEYEDEIP------EXISTING IRON PIPEECM------EXISTING CONCRETE MONUMENTPKNS------P.K.NAIL SETELS------EXISTING LIGHTWOOD STAKEEIS------EXISTING IRON STAKENMN------NEW MAGNETIC NAILERRS------EXISTING RAILROAD SPIKEEMN------EXISTING MAGNETIC NAILECS------EXISTING COTTON SPINDLENRRS------NEW RAILROAD SPIKEECM/PKN/ECS (CONTROL CORNERS)NCS------NEW COTTON SPINDLEEPKN------EXISTING P.K.NAILEIP/EIS---(CONTROL CORNERS)LINES NOT SURVEYED--------------CB&D--CHORD BEARING AND DISTANCED.E.---DRAINAGE EASEMENTEX.-----EXISTINGAC.--- ACRESNIP--NEW IRON PIPENIS--NEW IRON STAKEC/L--CENTER LINECP--CALCULATED POINTN/F--NOW OR FORMALLYR/W--RIGHT OF WAYEX.FENCEXXXXXXXXXXXXXXXXXXXXXXXXXX X X X O V E R H E A D P O W E R N.C.24XXXXXXX X X X X X X X X X X X X X X HC BOC 100322 Page107 STAFF REPORT Page 1 of 5 REZONING STAFF REPORT Case: PLAN 2207-0004 Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: September 6, 2022 County Commissioners: September 19, 2022 Requesting a Rezoning from Commercial to RA-20R Applicant Information Owner of Record: Applicant: Name: Johnny Ray Faircloth Name: SAME AS OWNER Address: 5272 Cool Springs Road Address: City/State/Zip: Broadway, NC 27505 City/State/Zip: Property Description PIN(s): 9575-25-2300.000, 9575-25-1192.000, 9575-24-3974.000 Acreage: +/- 4.59 Address/SR No.: 16 and 36 Red Bird Dr, and lot #34 (Natures Crossroads subdivision) Township: (09) Johnsonville (10) Lillington (11) Neill’s Creek (12) Stewart’s Creek (13) Upper Little River (01) Anderson Creek (02) Averasboro (03) Barbecue (04) Black River (05) Buckhorn (06) Duke (07) Grove (08) Hectors Creek Vicinity Map HC BOC 100322 Page108 STAFF REPORT Page 2 of 5 Physical Characteristics Site Description: The properties are currently vacant and undeveloped. Background info: •January 2012 a portion of this property was rezoned to Commercial (~1.5 ac on east corner of Red Bird & NC 24) •May 2015, staff & Planning Board recommended denial of a proposed rezoning application to rezone Commercial however, the County Commissioners tabled to their decision to give the applicant time to reconsider the proposal. •May 2016, a revised application was resubmitted to the Planning Board. The Planning Board tabled the request as the applicant wished to revise the proposal based on citizen comments. •June 2016 staff and Planning Board recommended approval and Commissioners approved the application. Surrounding Land Uses: Surrounding land uses consist of single-family residences and a few non- residential uses, including vacant commercial structures and churches. Existing Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Daily Traffic Count: approx. 9,200 for this section of NC HWY 24 Site Distances: Good HC BOC 100322 Page109 STAFF REPORT Page 3 of 5 Zoning District Compatibility The following is a summary list of potential uses. For actual permitted uses please refer to the UDO’s Table of Uses. CURRENT REQUESTED Commercial RA-20R Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X Manufactured Homes, Design Regulated Manufactured Homes X Multi-Family X Institutional X Commercial Services X Retail X Wholesale Industrial Manufacturing Land Use Classification Compatibility ZONING LAND USE RA-20R A&RR Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X X Manufactured Homes, Design Regulated Manufactured Homes X X Multi-Family Institutional X X Commercial Service Retail Wholesale Industrial Manufacturing HC BOC 100322 Page110 STAFF REPORT Page 4 of 5 Site Photographs Site Site Site NC 27 & Red Bird intersection HC BOC 100322 Page111 STAFF REPORT Page 5 of 5 Evaluation Yes No The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The requested zoning change to RA-20R will not have a negative impact on the surrounding properties or the community as it is the same zoning district that existed when the residential development occurred. Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning is compatible with the existi ng Land Use classification of Agricultural & Rural Residential. This designation is intended for low intensity uses, such as low-density residential development. Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested rezoning to RA-20R would enhance or maintain the public health, safety, and general welfare due to the neighboring residentially zoned parcels, as well as the original intended use of most of these parcels. Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Since the proposed zoning district exists on contiguous properties, this application does not need to be evaluated for Small Scale Rezoning. Additional Information On September 6th, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of this rezoning due to the residential nature of this area. Suggested Statement-of-Consistency (Staff concludes that…) As stated in the evaluation, the requested rezoning to RA-20R is compatible with Harnett County Land Use Plan and would not have an unreasonable impact on the surrounding community based on the originally intended and existing residential in the area. Therefore, it is recommended that this rezoning request be APPROVED. HC BOC 100322 Page112 Item 9A HC BOC 100322 Page113 HC BOC 100322 Page114 HC BOC 100322 Page115 HC BOC 100322 Page116 HC BOC 100322 Page117 Item 9B HC BOC 100322 Page118 HC BOC 100322 Page119 HC BOC 100322 Page120 HC BOC 100322 Page121 HC BOC 100322 Page122 HC BOC 100322 Page123 HC BOC 100322 Page124 HC BOC 100322 Page125 HC BOC 100322 Page126 HC BOC 100322 Page127 HC BOC 100322 Page128 HC BOC 100322 Page129 Board Report 10/3/2022 Approved___________________________ To: Harnett County Board of Commissioners Re: Consideration of Refund for Taxes, Interest and Penalities for all Muncipalities Adjustment Reason Bill Number Type Received Amount Refund Amount Name Removal of SW Fee 0000050268-2022-2022-0000-00 REI $98.73 $85.00 STANCIL, WILLARD ARNOLD Christine Wallace Acting Tax Administrator Item 9C HC BOC 100322 Page130 HC BOC 100322 Page131 HC BOC 100322 Page132 HC BOC 100322 Page133 HC BOC 100322 Page134 HC BOC 100322 Page135 HC BOC 100322 Page136 HC BOC 100322 Page137 HC BOC 100322 Page138 HC BOC 100322 Page139 HC BOC 100322 Page140 HC BOC 100322 Page141 HC BOC 100322 Page142 Item 9D HC BOC 100322 Page143 HC BOC 100322 Page144 HC BOC 100322 Page145 HC BOC 100322 Page146