PETITION FOR ZONING STAFF REPORT

Transcription

1 PETITION FOR ZONING Case: Samantha Ficzko, Planner II Phone: (910) Fax: (910) Planning Board: June 1, 2009 County Commissioners: June 15, 2009 Requested zoning to RA-20M, RA-20R, RA-30, RA-40, CONS, COMM, & IND Application Information Owner of Record: Name: Multiple Address: City/State/Zip: Applicant: Name: Harnett County Address: 108 E. Front St./ PO Box 65 City/State/Zip: Lillington, NC Property Description All unzoned (as of June 1, 2009) parcels located within the Township of Stewart's Creek, Harnett County, North Carolina shall be included within this Petition for Zoning. Township: (01) Anderson Creek (05) Buckhorn (02) Averasboro (06) Duke (03) Barbecue (07) Grove (04) Black River (08) Hectors Creek Acreage: (09) (10) (11) (12) (13) 26,766 Acres (approx.) Johnsonville Lillington Neill s Creek Stewart s Creek Upper Little River Vicinity Map Vicinity Map Page 1 of 6

2 Physical Characteristics Site Description: Stewart's Creek Township is dominantly residential and agricultural. There are small service oriented businesses located throughout the area. Additionally the Bunnlevel area includes single family residential uses, as well as several commercial uses. Surrounding Land Uses: Surrounding land uses are predominiately residential and agricultural in nature. Aerial Photograph Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: US Hwy 401, a strategic highway corridor as defined by NC DOT, is located within the Township. Site Distances: Site distances vary by location. As future growth occurs, site distance will be taken into consideration by Staff and applicable local, State, and Federal agencies to ensure safety of those utilizing roadways within Stewart's Creek Township. Zoning District Proposal Harnett County Planning Staff has recommended that all four (4) residential zoning districts, as well as Commercial and Industrial Zoning Districts, be included within the petition area of Stewart s Creek Township. Every effort has been made to make certain compatibility is offered between adjacent zoning districts. Please see the attached Zoning Proposal Map for the entire zoning district proposal as well as for individual parcels. Land Use Classification Compatibility There are four (4) Land Use Classifications located within the petition area. Those are: Rural Development Node, Medium Density Residential, Low Density Residential, and Agricultural and Low Density Residential. The Rural Development Node classification is meant to encourage neighbor service type non-residential uses, as well as higher density residential development. The three (3) residential Land Use Classifications are meant to encourage varying types of residential development. Page 2 of 6

3 Timeline & Process The following timeline provides general information of the dates and times related to the Petition for Zoning, as deemed necessary and appropriate. Press release for public drop-in meetings sent to Daily Record March 30, 2009 Advertisement for public drop-in meetings published in Daily Record April 6, 2009 Posters distributed for 1 st public meeting April 3, 2009 o Posters were hung at the following locations in Bunnlevel: Post office, convenience store, grill, and fire department. Signs posted along Hwy 401 at meeting location April 9, st Public drop-in meeting April 9, 2009 o The 1 st drop-in meeting was meant to provide information to residents, including the following: zoning districts, the zoning process, boards and commissions, zoning violations, AMPI, and environmental features. Tables were set-up with a hands-on exercise for residents to provide any information they felt staff should be made aware of. Staff also collected information from residents regarding properties in the area as it was made available. Citizens were asked to sign-in upon arriving, as well as complete a survey prior to leaving. Although all attendees didn t do one or both of these, nineteen (19) residents signed in and ten (10) completed surveys. In general citizens were in favor of zoning. There were some concerns regarding zoning and the regulations that are included therein. Posters & signs distributed for 2 nd public meeting April 16/17, 2009 o Posters & signs were placed at the following locations: BP Station at Shady Grove Rd & Elliot Bridge Rd, Stewart s Stop & Shop at Bethel Baptist Rd & Elliot Bridge Rd, Erwin Post Office, intersection of Hwy 217 & Bunnlevel-Erwin Rd, intersection of Hwy 401 & Horseshoe Bend Rd, intersection of Hwy 210 & McNeill Hobbs Rd, intersection of McLean Chapel Church Rd & Elliot Bridge Rd, BP Station on Ramsey St, and BTP Station at Ramsey St & Elliot Bridge Rd. Press release sent to Fayetteville Observer April 21, nd Public drop-in meeting April 28, 2009 o The 2 nd drop-in meeting was meant to provide citizens with the first draft of the zoning district proposal created by staff, as well as to provide the same information that was provided at the 1 st public meeting. A number of tables with large maps of the zoning proposal were provided. Forty (40) residents signed in and eight (8) completed surveys. Similarly to the previous meeting, there were some citizens that chose not to do either one or both. Citizens were generally very comfortable with the proposal, although a few did have concerns regarding the difference between the residential zoning districts. A few residents were not in favor of zoning, but they did seem to understand the County s intent in making the petition. Evaluation 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 adjacent property is reasonable and beneficial. Any property adjacent to the petition area is currently zoned; therefore, the introduction of zoning will provide increased protection to both the adjacent property owners as well as to those property owners included in the petition area. No No The requested zoning districts are COMPATIBLE with the existing Land Use Classification. REASONING: The request is compatible with the existing Land use Classification. The County Land Use Plan was one of the major factors included in making determinations for proposed zoning districts on parcels located within the petition area. Staff made every effort to ensure that those proposal correspond and reflect the Land Use Plan. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The introduction of zoning within Stewart's Creek Township will prove to be a valuable asset to providing a sustainable future for the community. The public health, safety, and general welfare will be improved tremendously by way of regulations that provide for such within the County Zoning Ordinance. Page 3 of 6

4 Suggested Statement-of-Consistency (Staff concludes that ) The requested zoning, as shown on the attached proposed zoning map, is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community and will enhance the public health, safety, and general welfare for the reasons stated in the evaluation. It is recommended that this petition for zoning request be APPROVED. Public Drop-In Meetings Photographs April 9, 2009 Page 4 of 6 April 28, 2009

5 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: No A. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. 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. No C. There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposal. (When a 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.) 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 proposal. No E. The proposal is in accordance with the comprehensive plan and sound planning practices. GRANTING THE PETITION FOR ZONING REQUEST Motion to grant the petition for zoning request upon finding that the proposal is reasonable based on All of the above findings of fact A-E being found in the affirmative and that the proposal advances the public interest. DENYING THE PETITION FOR ZONING REQUEST Motion to deny the petition for zoning request upon finding that the proposal 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 proposal 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 proposal would be appropriate in the area included proposal. (When a district designation is assigned, any use Page 5 of 6

6 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 proposal. The proposal is not in accordance with the comprehensive plan and sound planning practices. Attachments Original Zoning Application Justification Statement Proposed Zoning Map Page 6 of 6