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HomeMy WebLinkAboutVibgyor_Comm_PB staff reportSTAFF REPORT Page 1 of 6 REZONING STAFF REPORT Case: PLAN 2210-0000 Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: November 7, 2022 County Commissioners: November 21, 2022 Requesting a Rezoning from RA-20R to Commercial Applicant Information Owner of Record: Applicant: Name: Vibgyor Realty, LLC Name: The Site Group Address: 301 N. Pine St Address: 1111 Oberlin Rd City/State/Zip: Lumberton, NC 28358 City/State/Zip: Raleigh, NC 27605 Property Description PIN(s): 9587-66-5863 Acreage: 8.2 of 22.8 Address/SR No.: NC 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 STAFF REPORT Page 2 of 6 Physical Characteristics Site Description: The parcel is currently vacant, partially used for agricultural purposes. Surrounding Land Uses: single family residential, several non-residential uses, as well as undeveloped land & agricultural uses. Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Daily Traffic Count: 6,700 along this section of NC 27 & 4,100 along Buffalo Lake Rd. Site Distances: poor to fair STAFF REPORT Page 3 of 6 Zoning District Compatibility The following is a summary list of potential uses. For all applicable uses for each Zoning district please refer to the UDO’s Table of Uses. CURRENT REQUESTED RA-20R Commercial Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family Manufactured Homes, (with design criteria) Manufactured Homes X Multi-Family X Institutional X X Commercial Services X (with SUP) X Retail X Wholesale X (with SUP) Industrial Manufacturing Land Use Classification Compatibility ZONING LAND USE Commercial Rural Center/ EMU Parks & Rec X X Natural Preserves X 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 X Industrial X (with SUP) Manufacturing The above is a summary list of potential uses. For all applicable uses for each Zoning district please refer to the UDO’s Table of Uses. STAFF REPORT Page 4 of 6 Site Photographs Site Street view Area commercial properties Street view and adjacent properties STAFF REPORT Page 5 of 6 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 there are several nonresidential uses in this area. Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to Commercial is compatible with Land Use classification, as there is a Rural Center development node around this intersection. Rural Center development nodes can involve small-scale commercial/ non-residential centers. Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning would maintain the public health, safety and general welfare due to area’s existing commercial uses in the area, 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 Land Use compatibility 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 compliance with the County’s Land Use Plan, as well as the existing nonresidential uses in this area. Therefore, it is recommended that this rezoning request be APPROVED. Standards of Review and Worksheet TYPICAL REVIEW STANDARDS 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. STAFF REPORT Page 6 of 6 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