HomeMy WebLinkAboutRZ_Liberty Meadows_CC SRSTAFF REPORT Page 1 of 6
REZONING STAFF REPORT
Case: PLAN2008-0001
Jay Sikes, Manager of Planning Services
jsikes@harnett.org
Phone: (910) 893-7525 Fax: (910) 814-8278
Planning Board: October 5, 2020 County Commissioners: October 19, 2020
Requesting rezoning from Conservation to RA-20R
Applicant Information
Owner of Record: Applicant:
Name: Galt Land Development Name: 4D Site Solutions, Inc
Address: 206 Shoreline Dr Address: 409 Chicago Dr, Suite 112
City/State/Zip: Raeford, NC 28376 City/State/Zip: Fayetteville, NC 28306
Property Description
PIN(s): 9566-88-5648 Acreage: Approx
3 of 72
total
Address/SR No.: Johnsonville School Rd (SR 1424)
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
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Physical Characteristics
Site Description: The site is currently
vacant and wooded.
Per the U.D.O., The purpose of the
Conservation District is to encourage the
preservation and continued use of the land
for conservation purposes in its natural
state, and to prohibit intrusive
development of the land in areas with
alluvial soils, perennial streams, may
contain wetlands, or that may be subject
to flooding
This Conservation District is to be
measured as 200 linear feet from the
normal edge of the river, 400’ total.
Surrounding Land Uses: Surrounding land
uses include undeveloped land and 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:
420
Site Distances: Poor
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Zoning District Compatibility
The following is a summary list of general uses, for actual permitted uses refer to the Zoning Ordinance.
CURRENT REQUESTED CONS RA-20R
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
Commercial Services
Retail
Wholesale
Industrial
Manufacturing
Land Use Classification Compatibility
ZONING LAND USE
RA-20R LDR/ ESA
Parks & Rec X X
Natural Preserves X
Bona Fide Farms X X
Single Family X X
Manufactured Homes, Design Regulated X
Manufactured Homes X X
Multi-Family X X
Institutional
Commercial Services
Retail
Wholesale
Industrial
Manufacturing
Future Land Use Map
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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 adjacent property owners and the surrounding
community is reasonable. The existing zoning district of Conservation is to protect the
natural environment as well as citizens and their property from flood hazards. The
majority of the area requested to be rezoned is not located within any flood hazard area
or noted wetlands.
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 classifications of
Agricultural & Rural Residential and Environmentally Sensitive Areas as the use of this
area would be for single family residence and preservation of environmentally sensitive
areas within open space.
Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING:
The majority of the area that is being requested does not lie within a flood hazard area
or delineated wetlands and will not interfere with the remaining conservation area.
Therefore, the request to rezone a small portion of the conservation area will maintain
the public health, safety and general welfare. 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 area requested to be rezoned abuts RA-20R zoning.
Suggested Statement-of-Consistency (Staff concludes that…)
As stated in the evaluation, the requested rezoning to RA-20R is compatible with Harnett County
regulatory documents, would not have an unreasonable impact on the surrounding community since the
special flood hazard area will be preserved. Therefore, it is recommended that this rezoning request be
APPROVED with the condition that all of the 100 year flood hazard area remain Conservation
area.
Additional Information
On October 5th, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of
this application based on topography & preservation of any known environmentally sensitive areas.
3 citizens attended and 1 spoke but not in opposition. They wanted to make sure their property
would not be effected by this application’s request.
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Site Photographs
Site Site
Street view Street view
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.)
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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