Britt RZ_CC SRSTAFF REPORT Page 1 of 7
REZONING STAFF REPORT
Case: 14-75
Jay Sikes, Mgr. of Planning Services
jsikes@harnett.org
Phone: (910) 893-7525 Fax: (910) 814-8278
Planning Board: April 7, 2014 County Commissioners: April 21, 2014
Requesting a Rezoning from RA-20M to Commercial
Applicant Information
Owner of Record: Applicant:
Name: JoAnn Britt Name: Gay Allen
Address: 12875 NC 210 S Address: 1714 Britania Rd
City/State/Zip: Spring Lake, NC 28390 City/State/Zip: Spring Lake, NC 28390
Property Description
PIN(s): 0524-04-2404.000 Acreage: .69
out of
11.94
Acres
Address/SR No.: 12630 NC 210 S
Township:
(09) Johnsonville
(10) Lillington
(11) Neill’s Creek
(12) Stewart’s Creek
(13) Upper Little River
(01) Anderson Creek
(02) Averasboro
(03) Barbecue
(04) Black River
(05) Buckhorn
(06) Duke
(07) Grove
(08) Hectors Creek
Vicinity Map
Vicinity Map
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Physical Characteristics
Site Description: The site is currently occupied
by a manufactured home park as well as this
vacant building.
Surrounding Land Uses: Primarily residential
structures and vacant parcels.
Aerial Photograph
Services Available
Water:
Public (Harnett County)
Private (Well)
Other: Unverified
Sewer:
Public (Harnett County)
Private (Septic Tank)
Other: unverified
Transportation:
Annual Daily Traffic Count:
6,900 trips per day
Site Distances: Good
Zoning District Compatibility
The following is a summary list of general uses,
for actual permitted uses refer to the Zoning Ordinance.
CURRENT REQUESTED
RA-20M Commercial
Parks & Rec X
Natural Preserves X
Bona Fide Farms X
Single Family X
Manufactured Homes,
Design Regulated X
Manufactured Homes X
Multi-Family
Institutional X
Commercial Services X
Retail X
Wholesale
Industrial
Manufacturing
Zoning Map
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Land Use Classification Compatibility
ZONING LAND USE
RA-20M CMU
Parks & Rec X X
Natural Preserves X
Bona Fide Farms X X
Single Family X X
Manufactured Homes,
Design Regulated
Manufactured Homes X X
Multi-Family X
Institutional X
Commercial Service X
Retail X
Wholesale
Industrial
Manufa turing
Future Land Use Map
Additional Information
• As required for all zoning changes, within a five mile radius of Fort Bragg, RLUAC (Regional Land
Use Advisory Commission) was notified.
• On April 7, the Harnett County Planning Board reviewed this application. They considered the
options for small-scale rezoning and voted 3-2 on the reasonableness of this. However, after taking
into account the Standards of Review worksheet, voted 3-2 to recommend denial of this Re-Zoning
application based on the surrounding/ adjacent residential uses.
Planning Board members’ thoughts:
o Kath Wood, Carnell Robinson, Everett Blake voted to consider this as a reasonable Small Scale
rezoning, Curtis Bullion & Jay Smith voted to deny;
o Curtis Bullion, Jay Smith, & Carnell Robinson voted for denial of the rezoning application, Kathy
Wood & Everett Blake voted in favor of;
o Discussion topics included size of the tract, possibility of future Commercial development,
adjacent Commercial properties, history of past uses of this building, traffic access, and future
site improvements.
Evaluation
Yes No The IMPACT to the adjacent property owners and the surrounding community is
reasonable, and the benefits of the rezoning outweigh any potential inconvenience or
harm to the community.
REASONING: The impact to the surrounding community and adjacent properties is
unreasonable, as the area is predominately residential and agricultural. The proposed
commercial zoning could be an inconvenience to adjacent property owners for all the
uses allowed in the commercial zoning district and some of the uses may not be
compatible with the residential nature of the community.
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Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification.
REASONING: The requested zoning to Commercial is compatible with the existing Land
Use Classification of Compact Mixed Use. This classification is meant to encourage a
combination of different land uses such as small lot single family, multifamily,
commercial as well as industrial type uses. However, the current zoning classification
RA-20M would also be compatible.
Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested zoning to Commercial will not maintain the public health,
safety and general welfare of the surrounding community. Because this community is
predominately residential and agricultural, the requested zoning is not compatible with
the zoning of adjacent properties. The uses and density provided by the current zoning
classification would be more appropriate for this area.
Yes No The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness
REASONING: This request does need to be evaluated for a small scale rezoning based on
the size of the proposed parcel and the site is not adjacent to Commercial zoning.
SMALL SCALE REZONING
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
Suggested Statement-of-Consistency (Staff concludes that…)
The requested rezoning to Commercial is not compatible with all Harnett County regulatory documents
and would not only have an impact on the surrounding community, but would also fail to enhance the
public health, safety, and general welfare for the reasons stated in the evaluation. It is recommended that
this rezoning request be DENIED.
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Standards of Review and Worksheet
The County Commissioners shall consider and make determinations concerning each proposed zoning
district. The following policy guidelines shall be followed by the County Commissioners concerning zoning
districts and no proposed zoning district will receive favorable recommendation unless:
Yes No A. The proposal will place all property similarly situated in the area in the same
category, or in appropriate complementary categories.
Yes No B. There is convincing demonstration that all uses permitted under the proposed district
classification would be in the general public interest and not merely in the interest of the
individual or small group.
Yes No C. There is convincing demonstration that the character of the neighborhood will not be
materially and adversely affected by any use permitted in the proposed change.
Yes No D. The proposed change is in accordance with the comprehensive plan and sound
planning practices
Site Photographs
Subject Property US 210
US 210 Property across US 210
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Adjacent property Rear yard of subject building on property
Adjacent property Middle of subject property
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Middle of subject property Adjacent property
Back of subject property Adjacent property in rear
Attachments
Original Rezoning Application
Justification Statement