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HomeMy WebLinkAboutPB Packet - September 2021 1 HARNETT COUNTY PLANNING BOARD Tuesday, September 7, 2021 6:00 p.m. Harnett County Development Services 420 McKinney Parkway, Lillington, NC 27546 PUBLIC HEARING 1. Call to order and welcome – Chairman Kathy Wood 2. Invocation & Pledge of Allegiance 3. Approval of Minutes 4. Proposed Zoning Change: Case # PLAN2107-0002 Landowner / Applicant: Jay Ambe Shakti, LLC; 3.46 +/- acres; Pin # 0654-51-8196.000; From RA-30 to Commercial Zoning District; Intersection of US Hwy 401 N & SR # 1441 (Chalybeate Springs Road); Hector’s Creek Township. 5. Proposed Zoning Change: Case # PLAN2107-0003 Landowner / Applicant: CEBO Construction Inc.; Donald Nordon & Patricia McKee / Rhetson Companies, Inc.; .87 & .25 +/- acres (consisting of two parcels); Pin #’s 0610-97-0587.000 & 0610-87-8640.000; From RA-30 & RA-20R to Commercial Zoning District; US Hwy 421 N; Lillington Township. 6. Other Business 7. Adjourn STAFF REPORT Page 1 of 5 REZONING STAFF REPORT Case: PLAN2107-0002 Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: September 7, 2021 County Commissioners: September 20, 2021 Requesting a Rezoning from RA-30 to Commercial Applicant Information Owner of Record: Applicant: Name: Jay Ambe Shakti, LLC Name: Jay Ambe Shakti, LLC Address: 2100 Weaver Forest Way Address: 2100 Weaver Forest Way City/State/Zip: Morrisville, NC 27568 City/State/Zip: Morrisville, NC 27560 Property Description PIN(s): 0654-51-8196 Acreage: 3.46 Address/SR No.: US 401 N. 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 5 Physical Characteristics Site Description: Site is currently vacant. Surrounding Land Uses: Area land uses consist of various nonresidential uses (commercial & industrial), residential developments and individual single family lots. Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Daily Traffic Count: ~11,000 on US 401 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 STAFF REPORT Page 3 of 5 Land Use Classification Compatibility ZONING LAND USE Commercial Employment 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 Site Photographs Site Site (right), US 401 & Chalybeate Springs intersection STAFF REPORT Page 4 of 5 Chalybeate Springs & US 401 intersection View across US 401 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 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 district is compatible with the existing Land Use classification of Employment Mixed Use. This whole area is also within the Compatibility Development Target area. These two designations highlight growing areas of the County that consist of planned residential areas mixed with a variety of nonresidential uses. 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 potential site improvements that would be required. Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Due to the size of the tract and the proposed zoning district exists directly across the street, this application does not need to be evaluated for Small Scale Rezoning. Suggested Statement-of-Consistency (Staff concludes that…) As stated in the evaluation, the requested rezoning to Commercial would not have an unreasonable impact on the surrounding community based on being compatible with Harnett County Land Use Plan as well as the existing nonresidential uses in this area. Therefore, it is recommended that this rezoning request be APPROVED. STAFF REPORT Page 5 of 5 Review Worksheet 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 STAFF REPORT Page 1 of 5 REZONING STAFF REPORT Case: PLAN 2107-0003 Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: September 7, 2021 County Commissioners: September 20, 2021 Requesting a Rezoning from RA-20R & RA-30 to Commercial Applicant Information Owner of Record: Applicant: Name: CEBCO Construction, Inc Name: Rheston Companies, Inc Address: PO Box 591 Address: 2075 Juniper Lake Rd City/State/Zip: Mamers, NC 27552 City/State/Zip: West End, NC 27376 Name: Donald & Patricia Nordon Address: 852 Gramets Ln City/State/Zip: Lillington, NC 27546 Property Description PIN(s): 0610-97-0587 (.87) & 0610-87-8640 (.25) Acreage: 1.12 Address/SR No.: US 421 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 STAFF REPORT Page 2 of 5 Physical Characteristics Site Description: parcels are now vacant except for a billboard on the smaller lot. Surrounding Land Uses: Surrounding land uses consist of single family residences, two retail/ convenience establishments, a fire/ EMS station, a post office and a medical center. Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Daily Traffic Count: approx. ~6,100 on US 421. Site Distances: good STAFF REPORT Page 3 of 5 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-20R/ 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 RC Parks & Rec X Natural Preserves X Bona Fide Farms X Single Family X Manufactured Homes, Design Regulated Manufactured Homes Multi-Family Institutional X X Commercial Service X X Retail X X Wholesale Industrial Manufacturing _________________________________________________________________________________ STAFF REPORT Page 4 of 5 Site Photographs .87 ac Site view .25 ac Site, adjacent store, & US 421 W view Mamers, Cool Springs Rd, & Us 421 intersections EMS/ Fire Station across from site STAFF REPORT Page 5 of 5 Site views from Mamers Rd Mamers Rd & US 421 intersection view n 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 in the 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 Rural Center development node. Rural Center development nodes are “small scale commercial centers”. These areas can be suburban in nature and contain smaller, nonresidential uses. Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested rezoning to Commercial, whose intent is to promote the development of business and institutional uses, would enhance or maintain the public health, safety, and general welfare due to the neighboring Commercial zoned parcels. Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Since the proposed zoning district exists on contiguous properties, this application does not need to be evaluated for Small Scale Rezoning. Suggested Statement-of-Consistency (Staff concludes that…) As stated in the evaluation, the requested rezoning to Commercial is compatible with Harnett County Land Use Plan and would not have an unreasonable impact on the surrounding community based on the existing commercial in the area. Therefore, it is recommended that this rezoning request be APPROVED.