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HomeMy WebLinkAboutSmith Dove_CC staff reportREZONING STAFF REPORT Case: RZ-17-519  Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: December 4, 2014 County Commissioners: December 18, 2017  Requesting a Rezoning from RA-40 to RA-30  Applicant Information Owner of Record:  Applicant:  Name: Claudia Elizabeth Dove, Deborah Dove Smith  Name: Harold Slaughter, Real Estate Agent  Address: 7412 Harps Mill Rd  Address: 3621-A Anclote Pl  City/State/Zip: Raleigh, NC 27615  City/State/Zip: Raleigh, NC 27615   Property Description PIN(s): 0654-24-3186  Acreage: 187  Address/SR No.: Spence Mill Rd    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, farmland. Surrounding Land Uses: Undeveloped land, residential & agricultural uses, and an LCID landfill/ mulch yard.     Services Available Water:  Public (Harnett County)  Private (Well)  Other: Unverified Sewer:  Public (Harnett County)  Private (Septic Tank)  Other: unverified Transportation:       Annual Daily Traffic Count: N/A on Spence Mill; 9,200 on Hwy 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-40 RA-30  Parks & Rec  X X  Natural Preserves  X X  Bona Fide Farms  X X  Single Family  X X  Manufactured Homes, Design Regulated   X  Manufactured Homes    Multi-Family  X  Institutional X  X  Commercial Services    Retail    Wholesale    Industrial    Manufacturing          Traditional 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