Background/Purpose of Request:
This rezoning case proposes to rezone Tax Parcel 0570007203 located off Hazels Branch Road SE (SR 1619) from RR (Rural Low Density Residential) to C-LD (Commercial Low Density) to allow for commercial uses. This rezoning totals approximately 1.15 acres.
Additionally, this case proposes to amend the Official Brunswick County CAMA Land Use Plan Map from LDR (Low Density Residential) to Commercial for Tax Parcel 0570007203. This proposed land use plan map amendment totals approximately 1.15 acres.
Planning staff recommends Denial of the rezoning based upon size of rezoning, location of the rezoning, the attributes of the rezoning site, concerns of spot zoning, the surrounding area, current land uses, general planning principles and practices, and Brunswick County CAMA CORE Land Use Plan policies. The following is the basis of the recommendation:
1. The rezoning request is not consistent with the Brunswick County CAMA CORE Land Use Plan Map which denotes the site as Conservation.
2. The rezoning request is not consistent with Brunswick County CAMA CORE Land Use Plan Policies: P.16 states that Brunswick County strongly supports commercial nodes, including town or village centers, and the prohibition of strip commercialization. P.17 states that Brunswick County encourages/supports commercial development (nodes) at the intersections of major roads consistent with the County's future land use map.
3. This rezoning request consists of only one small parcel that encompasses 1.15 acres and is not located at a commercial node or at a major intersection or currently being used for commercial uses.
4. The potential for this rezoning to be being classified as spot zoning is high due to small size of the parcel, the number of parcels and owners involved, not being located at an intersection, surrounding land uses, existing land uses, and not being consistent with the Brunswick County CAMA CORE Land Use Plan.
5. The entire rezoning site scores 5 – 6 (out of 10) on the Biodiversity & Wildlife Habitat Assessment Score. This high score is reflective of existing wetlands on the site classified as substantial, the existing Flood Hazard Area as well as being located along Clay Mill Branch (A.K.A. Middle Mill Branch, Thornton’s Branch).
At the 09-Jul-18 Planning Board meeting, Ms. Marva Moss addressed the Board. She identified businesses and residential uses in the vicinity of the subject property. Ms. Moss felt that the zoning change would not negatively impact the surrounding properties. Planning staff read a staff report and recommended denial of the rezoning based upon size of rezoning, concerns of spot zoning, the surrounding area, current land uses, general planning principles and practices, and Brunswick County CAMA CORE Land Use Plan policies. After a discussion, the Planning Board concluded that recommending the subject property to be rezoned C-LD would constitute spot zoning and suggested that the applicant contact adjacent property owners about joining the rezoning request. The Planning Board tabled the case to give the applicant time to work with adjacent owners.
At the 13-Nov-18 Planning Board meeting, Ms. Moss addressed the Board. She stated that she reached out to adjacent property owners and they were not interested in rezoning their property to C-LD. Ms. Moss stated that she wants to continue with her request as there are other commercial uses nearby and there is a potential for other commercial uses in the area. Ms. Karen Gaughan addressed the Planning Board and expressed her concern with more development coming into the area and spoke about the potential negative impact to surrounding properties associated with more development since the extensive flooding that impacted this area during Hurricane Florence.
The Board of Commissioners held a Public Hearing on 17-Dec-18 and tabled the request until the 22-Jan-19 meeting to provide an additional opportunity for more public comment.
|