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McLamb_CC staff reportSTAFF REPORT Page 1 of 6 REZONING STAFF REPORT Case: RZ-15-303 Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: September 8, 2015 County Commissioners: September 21, 2015 Requesting a Rezoning from Industrial to RA-30 Applicant Information Owner of Record: Applicant: Name: Tina McLamb, Sylvia McLamb, & McLamb Arabian Farm LLC Name: Tina McLamb, Sylvia McLamb, McLamb Arabian Farm LLC Address: 242 Bryan McLamb Ln Address: 242 Bryan McLamb Ln City/State/Zip: Dunn, NC 28334 City/State/Zip: Dunn, NC 28334 Property Description Consists of 3 parcels PIN(s): 1528-65-3286, 1528-64-5928, & 1528-65-7026 Acreage: 14.4 Address/SR No.: Bryan McLamb Rd, Dunn, NC 28334 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 STAFF REPORT Page 2 of 6 Physical Characteristics Site Description: residential and farm & agricultural are current on site uses. Surrounding Land Uses: farmland, low density residential, industrial, commercial 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: ~4,900 along Hwy 301 Site Distances: Good Zoning District Compatibility The following is a summary list of general uses, or actual permitted uses refer to the Zoning Ordinance. CURRENT REQUESTED Industrial RA-30 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 X Wholesale X Industrial X Manufacturing X Zoning Map STAFF REPORT Page 3 of 6 Land Use Classification Compatibility ZONING LAND USE RA-30 MG Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X X Manufactured Homes, Design Regulated X X Manufactured Homes X X Multi-Family X Institutional Commercial Service Retail X Wholesale X Industrial Manufacturing Future Land Use Map Additional Information On September 8th, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this Rezoning application based on the compatibility to the surrounding properties as well as adjacent zoning district. 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 is reasonable, as the requested zoning district is similar in nature to neighboring zoning. Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to RA-30 is compatible with the Land Use Classification of Municipal Growth area. As per the existing plan, a Municipal Growth area is meant to encourage uses that would promote a city/ town based development. Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to RA-30 would maintain the public health, safety and general welfare due to the existing residential uses within the area. STAFF REPORT Page 4 of 6 Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: The proposed rezoning to RA-30 is immediately adjacent to RA-30 zoned land, thus the application does not need to be considered a Small Scale Rezoning. Suggested Statement-of-Consistency (Staff concludes that…) As stated in the evaluation, the requested rezoning to RA-30 would not have an unreasonable impact on the surrounding community and will maintain the public health, safety, and general welfare because of the existing residential uses on site as well as within the area and the compatibility with neighboring zoning districts. It is recommended that this rezoning request be APPROVED. Site Photographs Subject Property Subject Property STAFF REPORT Page 5 of 6 Area residence & accessory buildings Adjacent residence 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 district will receive favorable recommendation unless: Yes No A. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. Yes No B. There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. Yes No C. There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) Yes No D. There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. Yes No E. The proposed change is in accordance with the comprehensive plan and sound planning practices. GRANTING THE REZONING REQUEST Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above findings of fact A-E being found in the affirmative and that the rezoning advances the public interest. DENYING THE REZONING REQUEST STAFF REPORT Page 6 of 6 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