HomeMy WebLinkAboutRuhland_SRSTAFF REPORT Page 1 of 7
REZONING STAFF REPORT
Case: PLAN2410-0002
Sarah Arbour, Long Range Planner
sarbour@harnett.org
Phone: (910) 814-6414 Fax: (910) 814-8278
Planning Board: November 4, 2024 County Commissioners: November 18, 2024
Rezoning Request : RA-20M to Commercial 455 McKinney Pkwy., Lillington
2nd Floor | Resource Center and Library
Applicant Information
Owner of Record: Applicant:
Name: Andrew Ruhland Name: Andrew Ruhland
Address: 26 Mockingbird Ln. Address: 155 Mockingbird Ln.
City/State/Zip: Spring Lake, NC 28390 City/State/Zip: Spring Lake, NC 28390
Property Description
PIN(s): 0524-17-6242.000 & 0524-17-6389.000 Acreage: +/- 6.41
Address/SR No.: 26 Mockingbird Ln. Spring Lake, NC 28390
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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Site Description: The proposed rezoning is comprised of two parcels. The southern parcel, 26 Mockingbird Lane,
is used as a multi-tenant commercial service establishment. The northern parcel is wooded and unimproved.
Background: The property obtained a conditional use permit to operate at a machine shop in 2004, and the
property has been used for non-residential purposes since.
Surrounding Land Uses: Surrounding land uses consist of single-family residences, an automotive repair facility,
a hardware store, and unimproved land.
Services Available
Water:
Public (Harnett County)
Private (Well)
Other: Unverified
Sewer:
Public (Harnett County)
Private (Septic Tank)
Other: unverified
Transportation:
Annual Average Daily Counts: 9,500
Site Distances: Good to fair
Zoning Compatibility
Zoning Districts
Current
RA-20M
Requested
Commercial
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X X
Single Family X
Manufactured
Homes X
Multi-Family X
(Special Use)
Institutional X X
Commercial
Services Special Use X
Retail X
Wholesale Special Use
Industrial
Manufacturing
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.
RA-20M:
The RA-20M Residential/Agricultural District (RA-20M) is
established primarily to support agricultural and residential
development. Inclusive in such higher density residential
developments may consist of single-family dwellings, multifamily
dwellings, duplexes, and manufactured home parks.
Commercial
RA-20M
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Commercial:
It is the purpose of the Commercial/Business District (COMM) to
accommodate the widest variety of commercial, wholesale, and
retail businesses in areas that are best located and suited for
such uses.
Land Use Classification Compatibility
Future Land Use
ZONING Land Use
Commercial Low Density
Residential
Parks & Rec X X
Natural
Preserves X X
Bona Fide
Farms X X
Single Family X
Manufactured
Homes, Design
Regulated X
Manufactured
Homes X
Multi-Family
Special Use
Institutional X X
Commercial
Service X Special Use
Retail X
Wholesale Special Use
Industrial
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.
Medium Density Residential:
Medium density residential with a mix of housing types including single family detached homes with average lot sizes, small-
lot homes and patio homes. Gross densities of 2-5 dwelling units per acre. Located in areas served by current or planned
utilities or in areas near the extra-territorial jurisdiction (ETJ) of towns. Additional housing types (including townhomes and
apartments) and higher densities may be appropriate as part of planned developments or near Development Nodes.
Medium Density Residential
Low Density Residential
Environmentally Sensitive Areas
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Site
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Across Road
Road View
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Evaluation
Yes No A. The proposal will place all property similarly situated in the area in the same category,
or in appropriate complementary categories.
The subject properties are contiguous to a property zoned Commercial. The proposed rezoning
will not require an evaluation for reasonableness.
Yes No B. There is a 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 a convincing demonstration that all uses permitted under the proposed district would
be in the interest of the public and not merely in the interest of the individual group. A zoning
change from the RA-20M to the Commercial zoning district creates the potential for commercial development of the northern parcel, which could bring needed services to the
community and present new economic development opportunities.
Yes No C. There is a 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 a convincing demonstration that all uses permitted in the proposed district
classification would be appropriate in the area included in the proposed change. The uses
permitted in the Commercial zoning district are compatible with the nearby non-residential
land uses.
Yes No D. There is a convincing demonstration that the character of the neighborhood will not be
materially and adversely affected by any use permitted in the proposed change.
There is a convincing demonstration that the character of the neighborhood will not be materially and adversely affected by the uses permitted in the requested zoning district. The
uses permitted in the Commercial zoning district are compatible with the nearby non-
residential land uses. Further, the neighborhood may experience benefits from future
commercial development such as an increase in employment opportunities and local
investment.
Yes No E. The proposed change is in accordance with the comprehensive plan and sound
planning practices.
The requested zoning district is not compatible with the Medium Density Residential land use
classification; however, Planning Services is currently updating the comprehensive land use
plan and is recommending a change to the future land use classification that will support the
current non-residential activity in the area and encourage further commercial development.
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Suggested Statement-of-Consistency (Staff concludes that…)
As stated in the evaluation, the requested rezoning to Commercial is reasonable. The requested zoning is
compatible with the surrounding land uses. 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.
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