March 4, 2013 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 353 Meeting of the Johnston County Board of Commissioners March 4 , 2013 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , March 4 , 2013 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Cookie Pope , Allen L Mims , Jr , DeVan Barbour , and Ted G Godwin Absent Vice Chairman Tony Braswell Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney David F Mills , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Jeffrey P Carver called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment None 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – February 20 and 27 , 2013 Certified letters were mailed to adjoining property owners on February 15 , 2013 A notice was posted at the location on December 3 , 2012 for Case 12 - 25 The Chairman opened the Rezoning Hearing for Case 12 - 25 Case 12 - 25 Petition to rezone 1674 acres of a 3455 acre tract located on Eatmon Road in O’Neals Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 11L03022 Owner Jose L Gonzalez and Maria T Talamantes Applicant Maria T Talamantes Planning Director Berry Gray stated the petition is to rezone 1674 acres of a 3455 acre tract located on Eatmon Road in O’Neals Township from Agricultural Residential to Agricultural Residential - Special Use District He noted the special use request associated with the rezoning is to allow for soccer fields Mr Gray reported the existing land use is vacant The surrounding land uses are primarily zoned Agricultural Residential and used for such purposes ; however , there is an Industrial 1 – Special Use District and used for a contractors office down from the subject site Mr Gray stated Eatmon Road is a dead end road and the property is located towards the end of the dead end road The area is located within a designated “ Agricultural Rural Conservations Area ” in the Comprehensive Land Use Plan which denotes areas of low levels of growth pressures , anticipated over the next 20 years At the inquiry of Commissioner Allen L Mims , Jr , Mr Gray noted the location of the former contractor’s office on the aerial photo Applicant Maria Talamantes , 525 Eatmon Road , Zebulon , addressed the Board via an interpreter Ms Talamantes informed the Board that she would like to have the property rezoned for soccer fields She stated she has three children and when she moved to the area she found there was nowhere for the children to play Ms Talamantes stated a lot of children do not qualify to play sports at their schools and she believes when children engage in sports , it makes for healthy minds Ms Talamantes showed a poster board of photos to the Board of her property She stated there are 18 residences on Eatmon Road and every property owner has 40 or 60 acres of land so houses are not close to each other Ms Talamantes stated the closest residence is 1,000 feet away to the right from her property She stated there is a creek in between as well as brush and they plan to plant trees and can install a wooden fence as buffers to address the concerns of the neighbors Chairman Jeffrey P Carver stated in his review of the area on the County’s Geographic Information System , he is seeing some properties on Eatmon Road that have 5 acres or less , noting Ms Talamantes reported the other landowners had parcels 40 and 60 acres in size Page354 March 4 , 2013 – 6 00 pm Continued Ms Talamantes responded that the acreages on Eatmon Road vary , and some of the neighbors have parcels 10 , 20 , and 60 acres in size Ms Talamantes stated she owns 38 acres She noted that Mr Eatmon divided some of his property for his children which could account for some of the smaller acreages Ms Talamantes asked for the following to be read to the Board by the interpreter The proposed development will provide youth and adults of the surrounding communities , ample space for recreational purposes This is a rural part of the County that has experienced significant residential growth and there is a developing need for such recreational areas This development plan has been prepared in accordance with all known , applicable regulations The project design conforms with existing topography and site conditions so as to minimize impacts , protect and preserve the natural features of surrounding areas The proposed playing fields and parking areas are situated more than 550 feet off of the public road and in an area that is naturally buffered on the south and east by an expansive wooded floodplain area Because of the isolation of the site and distance from existing homes , the value of adjoining land should not be affected This planned project will transform a vacant , unproductive portion of property into an outdoor recreation facility which will provide the public with opportunities to promote their physical health This should be a vital part of a growing county’s development plan Commissioner DeVan Barbour asked for more information on the plans for the soccer fields and how often they would be used Ms Talamantes stated they have applied for three fields , but will be satisfied with however many fields the Board would allow She noted they are planning for both adult and youth leagues and will hold games during the daylight hours on Fridays , Saturdays , and Sundays She stated there may be practices during the week Commissioner Mims asked who would be in charge of scheduling the games and also if there would be referees Ms Talamantes stated her son , who is 20 years old , would be in charge of scheduling and they would use referees She stated they would possibly employ high school students to help and she feels it will be a good project for the community since it would generate employment Commissioner Barbour asked the applicant if she planned to work with an established league Commissioner Barbour stated he is trying to understand how much traffic could be generated Ms Talamantes explained that she is involved with some soccer leagues through her children and they have players that are willing to participate in games on the property Ms Talamantes stated she is aware of the concerns of the neighbors , but stated Eatmon Road is a public road that was constructed with taxpayer dollars ; therefore , it is not private and is available for anyone to use it Ms Talamantes stated another concern by the neighbors was noise from the proposed use and they plan to install signs that would prohibit loud noises such as music from car stereos and the use of cheering devices Ms Talamantes also stated there were concerns regarding trash being thrown out on the road and she stated her family is willing to adopt the road in an effort to keep it clean She stated they plan to install trash containers on the property and would place a dumpster at the entrance exit Ms Talamantes stated they plan to put up a sign that would set out rules for the property prohibiting loud speakers , air horns , and other noise producing devices ; no littering on the property or along the roadways ; no loud , offensive , and or vulgar behavior ; no alcohol or illegal drugs ; and no racing or speeding in the parking areas or along the adjacent roadways Ms Talamantes continued that her property has the largest tax value of any other property on the road and she would never do something that would devalue her property or that of her neighbors She stated her family maintains their property and would continue to do so Commissioner Barbour commented that traffic is a concern on a road that has one way in and one way out and the Board is trying to figure out how much traffic could be generated with three soccer fields He stated traffic issues can become a problem and there are concerns with emergency vehicle access Page355 March 4 , 2013 – 6 00 pm Continued Ms Talamantes stated if the request is approved , each soccer field would have 50 parking spaces and there is adequate land on site for all the parking so there should be no parking on the road She stated if there is a concern about the volume of traffic , they could ask the players to carpool Commissioner Mims stated that he appreciated the offer by Ms Talamantes to adopt the road as long as they would keep the road clean as promised Commissioner Mims asked if there would be an exclusive access point to the soccer fields and would it be paved or gravel Commissioner Mims also asked how emergencies would be addressed if an emergency vehicle needed to get to the site Ms Talamantes stated the soccer fields would have their own access and it would be gravel She stated in the event of an emergency , they would contact 911 and she would have first aid kits for minor injuries Commissioner Mims asked about grading for the fields Ms Talamantes responded that her husband has already been working on grading the fields to get them ready and she just needs the Board’s approval to operate Commissioner Cookie Pope asked about security Ms Talamantes stated she hopes that since the use would be family oriented , security would not be needed ; however , if it is required they would hire security Phillip White , 130 Eatmon Road , Zebulon , addressed the Board and spoke in opposition to the rezoning Mr White stated his property consists of one acre and they enjoy living in the quiet area Mr White presented a Petition to Deny the Rezoning to the Board Mr White stressed that the area is quiet and he stated soccer fields are in direct conflict with the uses in the area He pointed out the one tract zoned for a contractor’s yard on Eatmon Road , but stated it is no longer in use and does not generate traffic Mr White expressed his concerns with the amount of traffic that could be generated from soccer fields , littering problems , and safety noting they have hunting and target shooting in the area Mr White stated there are other existing soccer fields available for people to use and there is no public need for another one on Eatmon Road Mr White also expressed concerns regarding the enforcement of rules and conditions if the rezoning and special use is approved He noted the aerial photographs included in the Petition to Deny the Rezoning and stated the photographs show that preparation has already begun on the property for the soccer fields even though the request has not yet been approved by the Board Mr White asked the Board to deny the request Kevin Tharrington , 439 Eatmon Road , Zebulon , stated he is the closest resident to the property Mr Tharrington noted the location of his property on the aerial photo for the Board and stated his intentions are to build a house which , if the request is approved , would then overlook the soccer fields Mr Tharrington expressed concerns with noise and traffic Mr Tharrington noted when the contractor’s office was in operation it disturbed the area with excess noise and trash Mr Tharrington stated he believes in sports and his son is involved with sports , but he also believes there is a place for them and it is not Eatmon Road Donnie Temple , 365 Eatmon Road , Zebulon , spoke on his concerns with the amount of traffic that could be generated from the soccer fields Mr Temple stated he has lived on Eatmon Road since 1995 and noted that the previous owner of the subject site farmed the land and had to cut ditches to the creek to keep the land dry Mr Temple also noted his concerns for emergency vehicle access and stated he feels the proposed use is too much for the area and should be in a more accessible location Thomas Jones , 54 - C Eatmon Road , Zebulon , stated he has lived on Eatmon Road for 26 years and he spoke on the curve in Eatmon Road in relation to the proposed soccer field location and expressed his concerns for traffic safety Mr Jones stated he does not believe the area is a good location for the proposed use Mr Jones stated he spoke to the Sheriff who informed him that he could not afford to staff two deputies in the area every weekend Mr Gray stated the Planning Board recommended denial of the rezoning based on concerns with compatibility in the area He noted that the applicant originally requested six fields , but later revised the request to three fields Mr Gray stated the Planning Board’s recommendation for denial was based on the reduction from six to three fields Upon a question by Commissioner Ted G Godwin , Chairman Carver confirmed that if the rezoning is approved , the specifics of the use such as the hours of operation , etc would be discussed during the special use hearing Page356 March 4 , 2013 – 6 00 pm Continued Commissioner Pope expressed concerns that preparation has already begun on the site even though the Board has not approved the request She asked if the site had come in as a violation Mr Gray stated the site did not come in as a violation There being no further comments , the Chairman closed the Rezoning Hearing for Case 12 - 25 Further Discussion by the Board Commissioner Allen L Mims , Jr stated even with rules , if there is no one to enforce those rules or security is not present , then rules have no use Commissioner Mims commended the applicant for saying she would adopt the road , but stated even with adopting the road , there will still be trash Commissioner Mims noted he has concerns with Eatmon Road being a dead end road and how emergency vehicles would access the property Commissioner Mims spoke on the remoteness of the site and stated he is worried about how long it would take emergency vehicles to get there Commissioner Mims also noted the land appears to be very wet and the area does appear to be a quiet neighborhood Commissioner Ted G Godwin stated he sees the request as the applicant wanting to do what she wants with her property Commissioner Godwin noted he does have concerns with the commercial nature of the proposed use as well as with the ingress and egress of the site and the fact that Eatmon Road is a dead end road Commissioner Godwin asked if perhaps the Board could allow one soccer field in order to limit the traffic and other risks that the community has expressed concerns over , but still allow the applicant to do what she wants with her property Commissioner DeVan Barbour stated the Board must determine if the use is compatible with the rest of the neighborhood Commissioner Barbour added that a property owner does have the right to do what they want with their property , unless it infringes on other landowners ’ rights to enjoy their property Chairman Jeffrey P Carver stated the purpose of special use zonings is to bring something to an area that the community wants , but in this instance , the residents have said they do not want soccer fields Chairman Carver reiterated earlier concerns regarding Eatmon Road being a dead end road and how emergency vehicles would access the property Commissioner Mims stated the Board must determine if the use enhances the neighborhood and according to the residents that spoke , the use will not enhance their quality of life Decision on Rezoning Case 12 - 25 Case 12 - 25 Petition to rezone 1674 acres of a 3455 acre tract located on Eatmon Road in O’Neals Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 11L03022 Owner Jose L Gonzalez and Maria T Talamantes Applicant Maria T Talamantes Commissioner Allen L Mims , Jr moved the Board conclude and adopt a statement that the rezoning requested is not consistent with the Comprehensive Land Use Plan , and it is not in the public interest , and further that the petition for rezoning case 12 - 25 to rezone 1674 acres of a 3455 acre tract located on Eatmon Road in O’Neals Township from Agricultural Residential to Agricultural Residential - Special Use District be denied Commissioner Cookie Pope seconded the motion , which carried by unanimous vote 3 Call for Public Hearing – Code of Ordinances Amendment Chairman Jeffrey P Carver scheduled a public hearing for the April 1 , 2013 6 00 pm meeting to allow public comment on a proposed amendment to the Code of Ordinances regarding a Flood Panel Date Amendment The proposed amendment will be to Chapter 14 – Land Development Code , Section 14 - 426 , basis for establishing the areas of special flood hazard 4 Manager Reports and Comments NonePagePage pageNumber5357 March 4 , 2013 – 6 00 pm Continued 5 Board Reports and Comments None There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote The meeting adjourned at 6 50 pm Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage