REZONING STAFF REPORT - Harnett County

Physical CharacteristicsSite Description: Site is currently occupied byundeveloped land as well as farmland.Surrounding Land Uses: Surrounding land usesdiffer according to locaton. To the east andsouth, adjacent uses are almost entirelycommercial, including numerous restaurants,offices, and the Harnett County GovernmentComplex. To the north and west are agriculturaland residential uses.Aerial PhotographServices AvailableWater:Public (Harnett County)Private (Well)Other: UnverifiedSewer:Public (Harnett County)Private (Septic Tank)Other: unverifiedTransportation:Annual Daily Traffic Count:9,400Site Distances: Very goodZoning District CompatibilityThe following is a summary list of general uses,for actual permitted uses refer to the Zoning Ordinance.CURRENT REQUESTEDRA-40/30/COIND/COMMParks & Rec X XNatural Preserves X XBona Fide Farms X XSingle Family XTwo-Family XManufactured Homes,Multi-sectionManufactured Homes,Design Regulated XManufactured HomesMulti-Family XInstitutional X XCommercial Services X XRetail X XWholesaleXIndustrialXManufacturingXZoning MapPage 2 of 6STAFF REPORT

Land Use Classification CompatibilityZONING LAND USEIND/COMM MGParks & Rec X XNatural Preserves X XBona Fide Farms X XSingle FamilyXTwo-FamilyXManufactured Homes,Multi-sectionManufactured Homes,Design RegulatedManufactured HomesMulti-FamilyXInstitutional X XCommercial Services X XRetail X XWholesale XIndustrial XManufacturing XFuture Land Use MapEvaluationYes No The IMPACT to the adjacent property owners and the surrounding community isreasonable, and the benefits of the rezoning outweigh any potential inconvenience orharm to the community.REASONING: The proposed rezoning to Industrial is in similar standing to industrial andcommercial uses already in the vicinity of the site. Due to the location of the site, it is highlyunlikely the site will remain undeveloped for any significant period of time.Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification.REASONING: The existing Land Use Classification for this site is a Municipal Growth Boundary,which indicates that the uses should be of a nature to encourage 'town based compactdevelopment', including higher density.Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare.REASONING: The proposed rezoning will promote the development of industrial and commercialprojects, which will in turn increase the economic base of the County. Additionally, developmentwith heavy traffic flow should be encouraged adjacent to like uses where possible.Yes No The request is for a SMALL SCALE REZONING and should be evaluated forreasonablenessREASONING: The subject property is adjacent to property zoned Residentially and Commercially. Thereforethe portion of the proposed rezoning to Industrial must be evaluated as a Small Scale Rezoning.Suggested Statement-of-Consistency (Staff concludes that…)The requested rezoning to INDUSTRIAL & COMMERCIAL is compatible with all Harnett County regulatorydocuments and would not have an impact on the surrounding community and will enhance the publichealth, safety and general welfare for the reasons stated in the evaluation. It is recommended that thisrezoning request be APPROVED.Page 3 of 6STAFF REPORT

Site PhotographsSubject PropertySubject PropertySubject Property & Adjacent SiteAdjacent SitePage 4 of 6Adjacent Roadway (US 401 N)Adjacent Roadway (US 401 S to Lillington)STAFF REPORT

Standards of Review and WorksheetSMALL SCALE REZONINGSmall scale zoning is permissible in North Carolina if it is reasonable. The courts have set out the followingfour factors to be used in a case-by-case analysis to determine if a particular zoning is reasonable.RESONABLENESS FINDINGS OF FACTYes No A. SIZE OF THE TRACTThe overall size of the tract of land proposed for rezoning is reasonable when comparedto the size of the zoning district in which the subject property is located.Yes No B. COMPATIBILITY WITH A COMPREHENSIVE PLANThe proposed rezoning is consistent with any comprehensive plan, plan or elementsthereof.Yes No C. IMPACTThe impact to the adjacent property owners and the surrounding community isreasonable, and the benefits of the rezoning outweigh any potential inconvenience orharm to the community.Yes No D. COMPARISON OF USESThe allowed uses within the proposed zoning district are similar or comparable to usespermitted as currently zoned.It is at the discretion of the Board to carefully analyze the above criteria to determine if the proposedzoning change would be considered reasonable.GRANTING A SMALL SCALE REZONINGMotion to grant the small scale rezoning upon finding that the request is reasonable considering one ormore of the above findings of fact A-D being found in the affirmativeDENYING A SMALL SCALE REZONINGMotion to deny the rezoning upon finding that the proposed rezoning does not advance the public interestand is unreasonable due to the following:The size of the tractIncompatibility with the comprehensive planImpact to surrounding community and immediate neighborsProposes uses are extremely dissimilar to those currently permittedSTANDARDS OF REVIEWThe Planning Board shall consider and make recommendations to the County Board of Commissionersconcerning each proposed zoning district. The following policy guidelines shall be followed by the PlanningBoard concerning zoning districts and no proposed zoning district will receive favorable recommendationunless:Yes No A. The proposal will place all property similarly situated in the area in the samecategory, or in appropriate complementary categories.Yes No B. There is convincing demonstration that all uses permitted under the proposed districtclassification would be in the general public interest and not merely in the interest of theindividual or small group.Yes No C. There is convincing demonstration that all uses permitted under the proposed districtclassification would be appropriate in the area included in the proposed change. (Whena new district designation is assigned, any use permitted in the district is allowable, solong as it meets district requirements, and not merely uses which applicants state theyintend to make of the property involved.)Yes No D. There is convincing demonstration that the character of the neighborhood will not bematerially 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 soundplanning practices.GRANTING THE REZONING REQUESTPage 5 of 6STAFF REPORT

Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the abovefindings of fact A-E being found in the affirmative and that the rezoning advances the public interest.DENYING THE REZONING REQUESTMotion to deny the rezoning upon finding that the proposed rezoning does not advance the public interestand is unreasonable due to the following:The proposal will not place all property similarly situated in the area in the same category, or inappropriate complementary categories.There is not convincing demonstration that all uses permitted under the proposed districtclassification would be in the general public interest and not merely in the interest of theindividual or small group.There is not convincing demonstration that all uses permitted under the proposed districtclassification would be appropriate in the area included in the proposed change. (When a newdistrict designation is assigned, any use permitted in the district is allowable, so long as itmeets district requirements, and not merely uses which applicants state they intend to make ofthe property involved.)There is not convincing demonstration that the character of the neighborhood will not bematerially and adversely affected by any use permitted in the proposed change.The proposed change is not in accordance with the comprehensive plan and sound planningpractices.The proposed change was not found to be reasonable for a small scale rezoningAttachmentsOriginal Rezoning ApplicationJustification StatementPage 6 of 6STAFF REPORT