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HomeMy WebLinkAboutBeal RZ SRREZONING STAFF REPORT Case: 14-268  Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: September 2, 2014 County Commissioners:  September 15, 2014  Requesting a Rezoning from Commercial to RA-20R  Applicant Information Owner of Record:  Applicant:  Name: Jeffrey Carl Beal  Name: Same  Address: 4427 Cox Mill Rd  Address: Same  City/State/Zip: Sanford, NC 27332  City/State/Zip: Same   Property Description PIN(s): 9587-55-0860  Acreage: 5.93 of 18.64  Address/SR No.: 14841 Hwy 27 W    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: Site is currently vacant, except for an inhabitable, older house. Surrounding Land Uses: farmland, low density residential, and various commercial uses.  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: Hwy 27 ~6,400     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    Commercial RA-20R  Parks & Rec  X X  Natural Preserves  X X  Bona Fide Farms  X  Single Family  X  Manufactured Homes, Design Regulated  X  Manufactured Homes  X  Multi-Family  X  Institutional X   Commercial Services X   Retail X   Wholesale    Industrial    Manufacturing       Zoning Map    Land Use Classification Compatibility   ZONING LAND USE   RA-20R LDR  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 X   Commercial Service    Retail    X    Wholesale              Industrial              Manufacturing                Future Land Use Map   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-20R is not compatible with the Land Use Classification of Low Density Residential. As per the existing plan, Low Density Residential is meant to encourage large lot development and/or limited development. However, staff feels that this area’s land use classification should be amended during the upcoming Land Use Plan update, to comply with the existing uses & lot sizes.   Yes  No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to RA-20R would 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: The proposed rezoning to RA-20R is immediately adjacent RA-20 R zoned land, thus the application does not need to be considered a Small Scale Rezoning.   Suggested Statement-of-Consistency (Staff concludes that…) The requested rezoning to RA-20R is compatible with neighboring zoning districts and would not have an unreasonable impact on the surrounding community and will maintain the public health, safety, and general welfare for the reasons stated in the evaluation. It is recommended that this rezoning request be APPROVED. Site Photographs     Subject Property  Old house on parent parcel       House across the street  Residences near Hwy 27 & Buffalo Lake Rd       Comm. property @ Hwy 27 & Buffalo Lake Rd  Comm. property @ Hwy 27 & Buffalo Lake Rd  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 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