STAFF REPORT Page 1 of 7

REZONING STAFF REPORT Case: 14-75

Jay Sikes, Mgr. of Planning Services jsikes@harnett.org

Phone: (910) 893-7525 Fax: (910) 814-8278

Planning Board: April 7, 2014 County Commissioners: April 22, 2014

Requesting a Rezoning from RA-20M to Commercial

Applicant Information Owner of Record: Applicant: Name: JoAnn Britt Name: Gay Allen

Address: 12875 NC 210 S Address: 1714 Britania Rd

City/State/Zip: Spring Lake, NC 28390 City/State/Zip: Spring Lake, NC 28390

Property Description PIN(s): 0524-04-2404.000 Acreage: .69

out of 11.94

Acres

Address/SR No.: 12630 NC 210 S

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

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Physical Characteristics

Site Description: The site is currently occupied by a manufactured home park as well as this vacant building. Surrounding Land Uses: Primarily residential structures and vacant parcels.

Aerial Photograph

Services Available Water:

Public (Harnett County) Private (Well)

Other: Unverified

Sewer:

Public (Harnett County) Private (Septic Tank) Other: unverified

Transportation: Annual Daily Traffic Count: 6,900 trips per day Site Distances: Good

Zoning District Compatibility The following is a summary list of general uses,

for actual permitted uses refer to the Zoning Ordinance.

CURRENT REQUESTED RA-20M Commercial Parks & Rec X

Natural Preserves X

Bona Fide Farms X

Single Family X

Manufactured Homes, Design Regulated X

Manufactured Homes X

Multi-Family

Institutional X

Commercial Services X

Retail X

Wholesale

Industrial

Manufacturing

Zoning Map

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Land Use Classification Compatibility

ZONING LAND USE RA-20M CMU Parks & Rec X X

Natural Preserves X

Bona Fide Farms X X

Single Family X X

Manufactured Homes, Design Regulated

Manufactured Homes X X

Multi-Family X

Institutional X

Commercial Service X

Retail X

Wholesale

Industrial

Manufa turing

Future Land Use Map

Additional Information As required for all zoning changes, within a five mile radius of Fort Bragg, RLUAC (Regional Land Use Advisory Commission) has been notified.

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 and adjacent properties is unreasonable, as the area is predominately residential and agricultural. The proposed commercial zoning could be an inconvenience to adjacent property owners for all the uses allowed in the commercial zoning district and some of the uses may not be compatible with the residential nature of the community.

Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to Commercial is compatible with the existing Land Use Classification of Compact Mixed Use. This classification is meant to encourage a combination of different land uses such as small lot single family, multifamily, commercial as well as industrial type uses. However, the current zoning classification RA-20M would also be compatible.

Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to Commercial will not maintain the public health, safety and general welfare of the surrounding community. Because this community is predominately residential and agricultural, the requested zoning is not compatible with the zoning of adjacent properties. The uses and density provided by the current zoning classification would be more appropriate for this area.

Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness REASONING: This request does need to be evaluated for a small scale rezoning based on the size of the proposed parcel and the site is not adjacent to Commercial zoning.

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SMALL SCALE REZONING Small scale zoning is permissible in North Carolina if it is reasonable. The courts have set out the following four factors to be used in a case-by-case analysis to determine if a particular zoning is reasonable. RESONABLENESS FINDINGS OF FACT Yes No A. SIZE OF THE TRACT

The overall size of the tract of land proposed for rezoning is reasonable when compared to the size of the zoning district in which the subject property is located.

Yes No B. COMPATIBILITY WITH A COMPREHENSIVE PLAN The proposed rezoning is consistent with any comprehensive plan, plan or elements thereof.

Yes No C. IMPACT 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.

Yes No D. COMPARISON OF USES The allowed uses within the proposed zoning district are similar or comparable to uses permitted as currently zoned.

It is at the discretion of the Board to carefully analyze the above criteria to determine if the proposed zoning change would be considered reasonable. GRANTING A SMALL SCALE REZONING

Motion to grant the small scale rezoning upon finding that the request is reasonable considering one or more of the above findings of fact A-D being found in the affirmative DENYING A SMALL SCALE REZONING

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 size of the tract Incompatibility with the comprehensive plan Impact to surrounding community and immediate neighbors Proposes uses are extremely dissimilar to those currently permitted

Suggested Statement-of-Consistency (Staff concludes that…) The requested rezoning to Commercial is not compatible with all Harnett County regulatory documents and would not only have an impact on the surrounding community, but would also fail to enhance the public health, safety, and general welfare for the reasons stated in the evaluation. It is recommended that this rezoning request be DENIED.

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Site Photographs

Subject Property US 210

US 210 Property across US 210

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Adjacent property Rear yard of subject building on property

Adjacent property Middle of subject property

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Middle of subject property Adjacent property

Back of subject property Adjacent property in rear

Attachments Original Rezoning Application Justification Statement