Faircloth_PB staff reportREZONING STAFF REPORT
Case:
RZ-15-142
Jay Sikes, Mgr. of Planning Services
jsikes@harnett.org
Phone: (910) 893-7525 Fax: (910) 814-8278
Planning Board:
May 4, 2015
County
Commissioners:
May 18, 2015
Requesting a Rezoning from RA-20R to Commercial
Applicant Information
Owner of Record:
Applicant:
Name:
Johnny Faircloth
Name:
Same
Address:
5272 Cool Springs Rd
Address:
Same
City/State/Zip:
Broadway, NC 27505
City/State/Zip:
Same
Property Description Consists of three parcels
PIN(s):
9575-24-1972,
9575-24-4764, 9575-24-4817
Acreage:
1.49 total
Address/SR No.:
49 & 50 Chipmunk Ct and 51 Red Bird Dr Cameron, NC 28326 (Hwy 24 vicinity)
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
Physical Characteristics
Site Description: All three sites are currently vacant undeveloped land and were originally approved as part of the Natures Crossroads Subdivision.
Surrounding
Land Uses: Surrounding land uses consist of manufactured homes, stick built homes, several churches, a flea market, a beauty salon, and a dilapidated commercial building. There are
also two convenience stores located within one mile from this site.
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: 8,800 on NC 24
Site Distances: Moderate
Zoning
District Compatibility
The following is a summary list of general uses, or actual permitted uses refer to the Zoning Ordinance.
CURRENT
REQUESTED
RA-20R
Commercial
Parks
& Rec
X
Natural Preserves
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
Zoning Map
Land Use Classification Compatibility
ZONING
LAND USE
RA-20R
LDR
Parks & Rec
X
Natural Preserves
X
Bona Fide Farms
X
Single Family
X
Manufactured
Homes, Design Regulated
Manufactured Homes
X
Multi-Family
Institutional
X
X
Commercial Service
X
Retail
X
Wholesale
Industrial
Manufacturing
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 contacted.
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 have an unresasonable impact on the community. If rezoned to Commercial,
this would allow all uses permitted in the commercial zoning district. Some of these uses may not be compatible with the residential nature of the community. These lots were originally
approved to be developed for single family residential use within the Natures Crossroads Subdivision. Therefore rezoning the proposed properties to commercial may have a negative impact
on the residents who live within the subdivision. If rezoned, there is the potential of traffic and quality of life issues, especially to property owners adjacent to these internal
lots.
Yes
No
The requested zoning district is COMPATIBLE with the existing Land Use Classification.
REASONING: The proposal does not enhance the public general welfare,
as the requested zoning is not compatible the County Land Use Plan. Further the current zoning allows several commercial uses via the conditional use process. This mechanism would allow
the community to provide input on the uses that could be placed on the site, as well as conditions that could reduce or prevent potential negative impacts.
Yes
No
The proposal
does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested zoning to Commercial would not maintain the public health, safety and general welfare
due to the existing residential uses within the area.
Yes
No
The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness
REASONING: This request does not need to be evaluated for a small scale rezoning, because
the parcels are contiguous to commercial zoning.
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. This rezoning has the potential to impact on the surrounding community, as well as fails to enhance the public health,
safety, and general welfare because all permitted uses within a Commercial district would not be compatible with the residential nature of the community. It is recommended that this
rezoning request be DENIED.
Site Photographs
Subject Property1 @ cul-de-sac
Subject Property2 @ cul-de-sac
Subject Property3 @ corner
lot
Homes on Chipmunk Ct
Red Bird Dr & Golden Finch Cr
Corner lot view towards HWY 24
Standards of Review and Worksheet
STANDARDS
OF REVIEW
The Planning Board shall consider and make recommendations to the County Board of Commissioners concerning each proposed zoning district. The following policy guidelines shall
be followed by the Planning Board concerning zoning districts and no proposed zoning distr ict will receive favorable recommendation unless:
Yes
No
A. The proposal will place
all property similarly situated in the area in the same category, or in appropriate complementary categories.
Yes
No
B. There is convincing demonstration that all uses permitted
under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group.
Yes
No
C. There is convincing
demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is
assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.)
Yes
No
D. There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change.
Yes
No
E. The proposed change is in accordance with the comprehensive plan and sound planning practices.
GRANTING THE REZONING REQUEST
Motion to grant the rezoning upon finding
that the rezoning is reasonable based on All of the above findings of fact A-E being found in the affirmative and that the rezoning advances the public interest.
DENYING THE REZONING
REQUEST
Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest and is unreasonable due to the following:
The proposal will not
place all property similarly situated in the area in the same category, or in appropriate complementary categories.
There is not convincing demonstration that all uses permitted under
the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group.
There is not convincing demonstration
that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any
use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.)
There
is not convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change.
The proposed change
is not in accordance with the comprehensive plan and sound planning practices.
The proposed change was not found to be reasonable for a small scale rezoning
Attachments
Original
Rezoning Application
Justification Statement