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HomeMy WebLinkAboutParker_PB staff reportREZONING STAFF REPORT Case: RZ-18-257  Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: August 6, 2018 County Commissioners: August 20, 2018  Requesting a Rezoning from RA-30 to Commercial  Applicant Information Owner of Record:  Applicant:  Name: Thomas Garland Parker  Name: Thomas Garland Parker  Address: PO Box 1524  Address: PO Box 1524  City/State/Zip: Lillington, NC 27546  City/State/Zip: Lillington, NC 27546   Property Description PIN(s): 9594-06-7981  Acreage: 1.09  Address/SR No.: NC 24-87    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 occupied by an uninhabited residence which was a part of the former manufactured home park. Surrounding Land Uses: Surrounding land uses consist of various commercial and professional establishments, high density residential developments, and individual single family residences.  Services Available Water: Public (Harnett County) Private (Well)  Other: Unverified Sewer:  Public (Harnett County)  Private (Septic Tank)  Other: unverified Transportation:       Annual Daily Traffic Count: 34,000 on NC 24-87     Site Distances: good   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 Compact Mixed Use  Parks & Rec  X  Natural Preserves  X  Bona Fide Farms  X  Single Family  X  Manufactured Homes, Design Regulated    Manufactured Homes    Multi-Family  X  Institutional X X  Commercial Service X X  Retail X  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 requested zoning change to Commercial will not have a negative impact on the surrounding properties or the community as it is similar in nature to existing zoning districts and development patterns in this area.   Yes  No 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 a Compact Mixed Use.   Yes  No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested rezoning to Commercial would maintain or enhance the public health, safety, and general welfare due to the area’s existing commercial uses as well as the neighboring commercially zoned parcels.   Yes  No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: This parcel is immediately adjacent to Commercial zoned property and therefore does not need to be evaluated for small scale rezoning.   Suggested Statement-of-Consistency (Staff concludes that…) As detailed within the above evaluation, the requested rezoning to Commercial is compatible with the Harnett County Land Use Plan and would not have an unreasonable impact on the surrounding community because of the existing commercially zoned properties within the area. It is recommended that this rezoning request be APPROVED. Additional Information On August 6th, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of application based on compatibility to the Land Use Plan and the previous nonresidential uses on this site. One citizen spoke in favor of this application. Also, one spoke in opposition, with concerns about traffic, driveway location, and lights effecting his residence across the street. Site Photographs     Site  Site       Hwy 87 street view  Hwy 87 street view   Review Worksheets TRADITIONAL 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