December 7, 2009 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 617 Meeting of the Johnston County Board of Commissioners December 7 , 2009 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , December 7 , 2009 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Wade M Stewart , Chairman , Allen L Mims , Jr , Vice Chairman , Cookie Pope , Jeffrey P Carver , W Ray Woodall , DeVan Barbour and Tony Braswell Absent None Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , David Mills , Interim County Attorney , and Melissa A Daughtry , Paralegal Deputy Clerk Chairman Wade M Stewart called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comments A Solid Waste Convenience Site Program Stacey Johnson , 5872 Cornwallis Road , Garner , stated he would like to follow up on his comments at the September 2009 Board of Commissioners meeting regarding his concerns of the County’s Solid Waste Convenience Site Program Mr Johnson suggested that the County should consider allowing Wake County to dispose of solid waste in the County’s Landfill for a fee He stated the revenues from Wake County could help to offset the costs that would be associated with the County opening up the convenience sites to all County citizens Mr Johnson also asked the Board if they had given any thought to revising the ordinance eliminating the requirement of affixing decals to the vehicle windshield Mr Johnson stated he did not want his concerns to be forgotten Chairman Wade M Stewart stated he has been involved in numerous conversations regarding the convenience site program ; however , at the present time , a formal meeting has not been scheduled to discuss the issue at length Chairman Stewart assured Mr Johnson that the issue will not be forgotten and would need to be addressed in the future County Manager Rick Hester suggested that perhaps the Board could devote some time to the issue for discussion at the 2010 annual winter retreat of the Board of Commissioners B Petition from Timothy Hodges Timothy Hodges , 229 East Allen Street , Clayton , presented a petition of signatures to the Board requesting the method of election of County Commissioners to be changed whereby each voter would only be allowed to vote for the Commissioner election in their district of residence , rather than all voters being allowed to vote on all seven commissioner districts C Fire Hydrant Project Johnston County Fire Marshal Chris Perry updated the Board on a project by Emergency Services and Public Utilities involving the installation of fire hydrants on new water line additions Mr Perry reported that staff is working with the Fire Focus Group to identify locations that need more fire protection He explained they are asking the local fire departments to voluntarily participate in the project by funding the cost of the fire hydrant assemblies within their respective districts where new water lines are constructed Mr Perry noted that funds to construct the new water lines would be made possible by USDA - Rural Development loans ; however , additional funds would be needed for the fire hydrant assemblies Mr Perry reported the project would be good for both the County in that new water customers would tap onto the lines while the fire departments would get better coverage in their districts , in turn lowering the insurance ratings in the districts that choose to participate Mr Perry noted that Commissioner Tony Braswell has been instrumental in the project County Manager Rick Hester stated if there is enough interest to move forward with the project , it will be done in phases over time to help improve fire coverage Mr Hester also reiterated that the program is voluntary for the fire departments , if they have the funds available in their current budgets to pay for the firePage618 December 7 , 2009 – 6 00 pm Continued hydrant assemblies He noted that some of the fire departments already have 85 of coverage in their districts ; therefore , they may choose not to participate Commissioner Braswell spoke on the difficulties that some of the more rural fire departments face having to haul water from ponds to fires in order to maintain their insurance ratings He stated the entire County deserves good fire protection coverage as well as the citizens that live within the districts deserve the right to have their insurance rates lowered Commissioner Braswell expressed his appreciation to the County staff and the Fire Focus Group for their work on the project He stated the overall reception of the idea at the recent meeting of the County Fire Chiefs was positive Commissioner Jeffrey P Carver asked if the initiative would cause the fire departments to ask for fire tax rate increases next fiscal year Commissioner Braswell stated it is not the intention of the project to increase the fire tax rate in any of the districts and the funds would have to come from the fire departments ’ existing budgets Mr Perry reported the funds from the fire departments to pay for the hydrants could possibly be spread out in conjunction with the life of the loan funds At the inquiry of Commissioner Carver , Tim Broome , Director of Utilities and Engineering , reported the loan funds would come from USDA - Rural Development to the water districts for the water line extensions Mr Broome stated that with new subdivisions , the County requires developers to install water lines at least 6 ” in diameter to accommodate hydrant assemblies 2 Public Hearing Rezoning and Special Use Requests 09 - 16 Advertised – In The Smithfield Herald – November 25 and December 2 , 2009 Certified letters were mailed to adjoining property owners on November 23 , 2009 Notices were posted at the locations on September 25 , 2009 for Case 09 - 16 The Chairman opened the Rezoning Hearing for Case 09 - 16 Case 09 - 16 Petition to rezone 1 acre located at 133 Memory Lane in Elevation Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 07D07010D Owner Martin and Dora Rojas Applicant Dora Rojas Planning Director Berry Gray stated the petition is to rezone one acre located at 133 Memory Lane in Elevation Township from Agricultural Residential to Agricultural Residential - Special Use District Mr Gray noted the special use permit request associated with the rezoning Mr Gray stated the site is presently used for a single family dwelling He noted the surrounding land uses are zoned Agricultural Residential and used for such purposes Mr Gray stated the site is classified as a secondary growth area in the Land Use Plan Petra Molina , 126 Memory Lane , Benson , addressed the Board and stated she is concerned for the site to be used as a daycare facility due to a registered sex offender that frequently visits the property directly across from the subject site Ms Molina stated she and her neighbors have experienced difficulties getting school buses to drive into the subdivision to pick up students due to the sex offender visiting the property , and they have set up groups of parents at locations within the subdivision to protect their children Ms Molina stated her main concern is the safety of the children At the inquiry of Chairman Wade M Stewart , Ms Molina reported the offender no longer lives at the property , but his mother owns and resides at the home which he visits daily She stated the offender’s current address is on Zack’s Mill Road Ms Molina stated the daycare center would be located directly across the street from the mother’s home Ms Molina reported there were many of her neighbors that wanted to attend the meeting to express their concerns ; however , she was unaware that a Spanish translator would be on hand in that she was informed one had never been requested before Chairman Stewart stated the Board must determine the legalities of the offender visiting the site versus residing at the home Captain Chris Strickland of the Johnston County Sheriff’s Office stated he can appreciate the concerns of Ms Molina Captain Strickland confirmed that the sex offender in question was arrested and sentenced to jail , and at the present time , he understands that the mother of the offender does reside at the property across the road Captain Strickland explained that under North Carolina Law , a sex offender cannot reside within 1,000Page619 December 7 , 2009 – 6 00 pm Continued feet of a school or registered daycare ; therefore , because the offender’s listed address is on Zack’s Mill Road , he would not be in violation of any North Carolina General Statute by visiting his mother Chairman Stewart stated he was under the impression that a registered sex offender could not come within 1,000 feet of a school or registered daycare regardless of their residence Captain Strickland stated depending on what type of crime the offender was convicted of and the age of the victim , there may be other restrictions that limit the offender from coming within 300 feet of a school or daycare ; however , their movement from one place to another cannot be restricted Applicant Dora Rojas stated until recently , she was unaware of the information reported at the meeting regarding the sex offender She stated she has since checked into the matter and learned that the offender does not live at the home across the road from the subject site ; therefore , she felt okay with proceeding with the daycare operation Chairman Stewart agreed that the offender does not live at the property ; however , he noted there is a concern that the individual frequently visits the home Commissioner Cookie Pope stated that she noticed a “ Beware of the Dog ” sign in pictures of the subject site and questioned if the animal would be on the premises with the daycare operation Ms Rojas stated she is in the beginning stages of opening the operation and she would remove the dog from the property before the center would open to children Mr Gray stated the Planning Board recommended approval of the rezoning request He noted that the information regarding the sex offender matter was not presented to the Planning Board Chairman Stewart stated the situation is quite unusual in that the Board has never deliberated over a request involving a known registered sex offender visiting property across from a proposed use involving children He stated he was unsure how to proceed with the request Commissioner DeVan Barbour stated that the applicant has indicated she is working on the project in phases He noted that the Sheriff’s Office has reported it would depend on the type of crime the offender was convicted of and the age of the victim that would determine any additional restrictions on visitation Commissioner Barbour suggested the Board table the request and allow the Sheriff’s Department to research the matter further before the Board makes a decision Commissioner Allen L Mims , Jr noted that the State must also license daycare facilities and they may have guidelines or comments involving such matters Mr Gray stated staff checked with the local State representative that reviews daycares in the County and was told by the State representative that it is left up to the local jurisdiction to regulate if there is a sex offender in the area of the facility Mr Gray stated staff could contact the State again regarding the matter for more information Commissioner Tony Braswell asked how the Board could allow a registered sex offender stand in the way of law abiding citizen opening a business Commissioner Braswell stated he has not heard anyone say the Board could not move forward with approving the rezoning , just because the offender visits his parents ’ home across from the subject site Commissioner Braswell stated that he believed the key to the matter is that the offender does not live at his parents ’ home Captain Strickland clarified that the law states the offender can visit the property , but cannot stay there continuously If the offender were to move back to the property , the Sheriff’s Department would place him into custody for a violation Commissioner Braswell noted that an offender’s residence can be tracked ; however , he stated the Board cannot keep track of who they choose to visit Commissioner Braswell stated his concern is that Ms Rojas wants to open and operate a legitimate business and because the offender in question visits the property across the street , Ms Rojas is being held up Captain Strickland stated that if the offender were already living on the property and an individual wished to open a daycare facility across the street , the offender would be considered grandfathered and wouldPage620 December 7 , 2009 – 6 00 pm Continued not be made to move However , if the offender moved from the site after the daycare operation started , then he would not be allowed to move back onto the property Captain Strickland stated the State licensing agency would also have guidelines associated with such a request Chairman Stewart agreed with Commissioner Braswell that he does not wish to delay Ms Rojas from starting her business ; however , he would like more details as to the crimes committed by sex offender in question before making a decision on the rezoning Chairman Stewart stated he also would like to table the request Ms Rojas informed the Board that she has lived at the subject site for over 20 years and she has never had any problems or complaints from her neighbors She stated the offender’s family has lived across from her for years and they have never bothered her and she feels she has nothing to worry about Ms Rojas stated she has a four year degree and is knowledgeable enough to handle any situation with her daycare She noted that she moved from the residence approximately 4 months ago Ms Rojas stated she understands the safety of the children comes first , but she has never had any complaints in the area Upon questions from Commissioner Mims , Ms Rojas stated she would like to care for children ages infant to five years old Ms Rojas stated she would have many regulations to follow that would guarantee the safety of the children Ms Molina stated she has no problem with Ms Rojas opening a daycare , but her main concern is the safety of the children with a sex offender visiting property across the street Ms Molina stated Ms Rojas is her sister - in - law and Ms Rojas was aware of the situation in the neighborhood Ms Molina also reported that the letters of notification regarding the rezoning were in English and many of her neighbors only speak Spanish and did not understand the notice Commissioner Jeffrey P Carver stated while clearly the health and safety of the citizens is always of paramount importance to the decisions made by the Board , he noted there are ten registered sex offenders within a three mile radius of the subdivision and he asked if the Board was going to take those offenders into account as well Commissioner Carver stated the Board’s charge is to make a decision on the rezoning for a business and the applicant will have to apply for her State license that may have guidelines for dealing with the sex offender matter There being no further comments , the Chairman closed the Rezoning Hearing for Case 09 - 16 Decision on Rezoning Case 09 - 16 Case 09 - 16 Petition to rezone 1 acre located at 133 Memory Lane in Elevation Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 07D07010D Owner Martin and Dora Rojas Applicant Dora Rojas Motion Commissioner Tony Braswell moved the Board approve rezoning case 09 - 16 to rezone one acre located at 133 Memory Lane in Elevation Township from Agricultural Residential to Agricultural Residential - Special Use District Commissioner Jeffrey P Carver seconded the motion Further Discussion Commissioner Allen L Mims , Jr stated that while the issue regarding the sex offender gives him pause , he believes Ms Rojas deserves the right to have her business and he hopes the environment will be safe for the children The motion carried by the following vote Ayes Commissioners Wade M Stewart , Allen L Mims , Jr , Jeffrey P Carver , Cookie Pope , DeVan Barbour , and Tony Braswell Nays Commissioner W Ray WoodallPagePage pageNumber5621 December 7 , 2009 – 6 00 pm Continued The Chairman opened the Special Use Hearing for Case 09 - 16 Case 09 - 16 To allow for the operation of child daycare facility Owner Martin and Dora Rojas Applicant Dora Rojas Those wishing to speak on Special Use Case 09 - 16 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for the operation of a child daycare facility Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 09 - 16 on August 24 , 2009 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On October 20 , 2009 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 09 - 16 and made the following recommendations Upon a motion by Mr Delaine to approve the request as presented , seconded by Mr Edwards and carried by a vote of 9 - 0 , th the Planning Board recommended preliminary approval of the Rezoning Request for Case 09 - 16 at the October 20 Planning Board Meeting Upon a motion by Mr Browder to approve with the change in hours to 7 30 pm and adding # 12 of 1 million insurance policy the Special Use Conditions as presented , seconded by Mr DeLaine and carried by a vote of 9 - 0 , the th Planning Board recommended preliminary approval of the Special Use Conditions for Case 09 - 16 at the October 20 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant Plan to use an existing 728sf home and plan to operate the business 6 30am to 6 30pm Monday - Friday Staff The applicant is proposing to use an existing dwelling to operate a child care facility The applicant will be subject to special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant I will be licensed by NC to operate a child care facility Staff This existing building meets the setback and access requirements complies with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant There is only one other child care facility in my area and its 4 miles from my location I want to have my business as a bilingual growth in my community Staff The location within a residential neighborhood There appears to be adequate room for child care facility , existing vegetation appears to be consistent with a Class B landscape buffer Regular hours of operation will be maintained This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Located in secondary growth area Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Child Day Care Facility Special Use Conditions 1 Permitted Use Child Day Care Facility PagePage pageNumber6622 December 7 , 2009 – 6 00 pm Continued 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Day care facility is limited to 20 total persons children and staff 5 Operator shall be licensed and meet the requirements as required by the State of North Carolina 6 Hours of operation shall be 6 30 am to 7 30 pm , Monday through Friday 7 All signage shall comply with the sign code limited to 16 sq ft in area and 6 feet in height 8 Existing vegetation appears to be consistent with a Class B landscape buffer 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet in most areas and shall remain or be replaced with equivalent 9 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 10 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 11 Outdoor playground shall be fenced 12 Applicant must retain at least 1 million in insurance Bold indicates changes additions Mr Gray listed and reviewed each of the special use conditions with the Board Commissioner Tony Braswell asked the applicant for more information regarding her timeline Applicant Dora Rojas stated she is just beginning the process and was waiting to see if the rezoning and special use permit would be approved before proceeding any further She stated she has spoken with the Environmental Health Office , but she wanted to get the rezoning approved first Ms Rojas reported she has also made contact with the State licensing agency who advised her that she needed to first begin a dialogue with the local Health and Inspections Departments Commissioner Braswell informed Ms Rojas that the State licensing agency may also have questions or concerns about the issue of a registered sex offender visiting the property across the road Ms Rojas confirmed that she would be speaking with the State licensing agency regarding the sex offender matter as soon as possible At the inquiry of Commissioner Allen L Mims , Jr , Ms Rojas stated if the special use permit is approved , she would like to open the facility by the summer Ms Rojas shared a portfolio with the Board concerning her plans Ms Rojas stated she understood and would comply with the special use conditions proposed Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 09 - 16 Commissioner W Ray Woodall noted that even though the rezoning was approved , he would prefer to put off a decision on the special use request until more details can be learned about the sex offender matter Decision on Special Use Case 09 - 16 Case 09 - 16 To allow for the operation of child daycare facility Owner Martin and Dora Rojas Applicant Dora Rojas Based on the following findings of facts and the special use conditions , Commissioner Jeffrey P Carver moved the Board authorize the Planning Department to issue a special use permit for Case 09 - 16 allowing for the operation of a child daycare facility on one acre located at 133 Memory Lane in Elevation Township Commissioner Tony Braswell seconded the motion , which carried by the following vote Ayes Commissioners Wade M Stewart , Allen L Mims , Jr , Jeffrey P Carver , and Tony Braswell Nays Commissioners Cookie Pope , W Ray Woodall , and DeVan Barbour Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Use Child Day Care Facility 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Day care facility is limited to 20 total persons children and staff PagePage pageNumber7623 December 7 , 2009 – 6 00 pm Continued 5 Operator shall be licensed and meet the requirements as required by the State of North Carolina 6 Hours of operation shall be 6 30 am to 7 30 pm , Monday through Friday 7 All signage shall comply with the sign code limited to 16 sq ft in area and 6 feet in height 8 Existing vegetation appears to be consistent with a Class B landscape buffer 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet in most areas and shall remain or be replaced with equivalent 9 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 10 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 11 Outdoor playground shall be fenced 12 Applicant must retain at least 1 million in insurance 3 Public Hearing – Design Manual and LDC Amendment – Open Space Advertised – In The Smithfield Herald – November 25 and December 2 , 2009 The Chairman opened the public hearing Planning Director Berry Gray reported the Planning Board has reviewed and recommended approval of a revision to the open space regulations He stated the main adjustment is to increase the open space requirement from 10 to 15 Mr Gray explained that in doing so , the amendment would allow for amenities in the open space which could result in a reduction of the open space requirement to 10 or 5 , depending on the amount of amenities proposed such as swimming pools or tennis courts He noted that 15 would be required if no amenities were proposed Mr Gray stated it is hoped the amendment would provide an incentive for developers to provide more open spaces with amenities There would also be an allowance for a reduction in the two acre minimum requirement for smaller subdivisions He noted the proposed amendments to the Design Manual also reflect the amendments in the ordinance Mr Gray offered to answer any questions Chairman Wade M Stewart asked if the Planning Board had ever questioned why a developer prefers to pay the fee - in - lieu rather than create open spaces Chairman Stewart indicated that he could understand a developer deciding to pay the fee versus having to create and maintain a large area of open space with amenities permanently Mr Gray stated in situations where developers provide open spaces with amenities , the amenities are usually turned over to and maintained by the homeowners association Mr Gray acknowledged that open space is less desirable to a developer when he or she has to actually own , maintain and pay taxes on it forever He stated it is more ideal for a developer if there is a homeowners association that is the avenue for maintenance of the amenities as well as homeowners associations are non - profit and do not pay taxes Mr Gray stated he believed that more developers are realizing the benefits of having homeowners associations within their developments At the inquiry of Commissioner Cookie Pope , Interim County Attorney David Mills stated that once a homeowners association is created , there is nothing that ensures its continued existence except for the membership and energy of the homeowners Mr Gray stated there has always been language in the ordinance that allows for non - profit groups such as the Triangle Land Conservancy to own and maintain the open space area in a land trust arrangement , which is an option for developers to consider At the request of the Chairman , Mr Gray stated the main purpose of changing the open space percentage requirement to 15 is to promote more amenities within a subdivision He pointed out that amenities could include anything from swimming pools to walking trails , horseback riding trails , or any other amenity that allows the open space to be used for recreational purposes Commissioner DeVan Barbour noted the amendment would basically create another option for the developer to consider with regards to open space Chairman Stewart expressed his concerns with the amendment , indicating that for more affordable housing subdivisions where the developers may not be able to offer amenities such as tennis courts or swimming pools , the open space requirement could be viewed as a punishment Commissioner Allen L Mims , Jr stated the developers can always choose to pay the fee - in - lieu rather than providing amenities ; however , he believed that even with the lower income housing developments , residents still liked to have recreational opportunities available Commissioner Mims noted that if thePagePage pageNumber8624 December 7 , 2009 – 6 00 pm Continued developers choose to pay the fee - in - lieu , then the County can use those funds towards securing more acreage for recreational purposes Mr Mills reported a common practice today is for the developer to add language in the restrictive covenants of the subdivision that once a certain percentage of lots within the development are sold , it is then a requirement for a homeowners association to be established and any amenities to be turned over to the association There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner DeVan Barbour , and carried by the following vote , the Board approved the amendment to the Code of Ordinances , Land Development Code as follows Ayes Commissioners Allen L Mims , Jr , Jeffrey P Carver , Cookie Pope , DeVan Barbour , W Ray Woodall , and Tony Braswell Nays Commissioner Wade M Stewart Note Due to the vote not being unanimous , a second vote will be held at the January 4 , 2010 6 00 pm meeting Section 14 - 75 Agricultural - Residential District AR f Provision of Common Open Space or Recreation Area Requirements All residential developments shall provide or dedicate common open space or recreation areas suitable for the residents common passive or active recreational uses or make a payment in lieu of provision or dedication Design criteria can be found in the Design Manual g Minimum Common Open Space or Recreation Area Where When common open space or recreational area must be provided or dedicated as part of a residential development , its total land area shall be at least ten fifteen 15 percent of the total gross land area of the development however total amount of open space provided can be no less that two acres in size Where amenities are proposed , a reduction in the required minimum acreage may be approved by the Planning Board For subdivisions with less than 2 acres of open space , the Planning Board shall determine if the location , design , use , and area provide a benefit to the community , require revision , or proposal of fee - in - lieu The required open space shall be contiguous , unless it is determined by the Planning Board that the required open space can be split and located at different places in a subdivision development Wherever possible , open space and recreation areas should be located as to abut existing open space in adjacent developments or phases If a proposed subdivision development contains wetlands and or riparian or stream buffer areas , or overhead electric utility easements , they must be designated as common open space However , these areas will not count toward the amount of required open space No off - site septic areas for the benefit of residential lots can be included within the open space If it can be demonstrated by the developer that this requirement presents an unreasonable hardship and strictly limits the amount of lots they can develop , then the Planning Board can allow these areas to be included in residential lots so long as all other requirements of this section are met Any proposed reduction or change involving previously recorded open space must be approved by the Planning Board The applicant must provide sufficient information on why the change is requested and why no other alternative exists h Method of Provision or Dedication Land provided or dedicated for common open space or recreation purposes shall be designated on a final plat duly recorded with the County Register of Deeds Amenities shall be designated on the final plat and shall be specific as to type of amenity use Design criteria can be found in the Design Manual Such common open space land shall may be dedicated or deeded to an appropriate public body upon their acceptance , land trust , nonprofit , or for - profit organization established for the purpose of land conservation or recreational purposes ; or create a neighborhood or homeowners association for the continuing maintenance and control of common open space or recreation area ; or , held by the owner for the continuing maintenance and control of common open space or recreation area , subject to a binding agreement with financial surety for such maintenance subject to the recording of a permanent conservation easement or similar open space or recreational land dedication i Payments in Lieu of Provision or Dedication In lieu of providing or dedicating common open space or recreation area required pursuant to this section , a developer of a subdivision or planned development may choose to make a payment to the County As noted in Section 14 - 75 g , if the the required open space to be provided is less then two acres the Planning Boards shall determine if fee - in - lieu shall be required whereby the County may acquire common open space land The County shall use such payment only for the acquisition or development of open space , recreation , or park sites to serve residents of the County The amount of the payment shall be the product of the total number of lots or dwelling units recorded proposed multiplied by the that fee established in the Countys Annual Schedule of Fees The developer shall make the payment before approval of a final plat or issuance of a land use permit ; provided , however , that the Planning Director may allow phasing of payments consistent with the approved phasing of the subdivision development j Access to Open Space All open space must be pedestrian accessible Open space not contiguous to a proposed subdivision street must have a minimum of a 20 - foot fee - simple access PagePage pageNumber9625 December 7 , 2009 – 6 00 pm Continued 4 Call for Public Hearing – Land Development Code Amendment – Watershed Regulations At the request of Planning Director Berry Gray , the Chairman scheduled a public hearing for the January 4 , 2010 6 00 pm meeting to discuss a proposed amendment to the Land Development Code as it relates to watershed regulations 5 Manager Reports and Comments County Manager Rick Hester reported he would be meeting with Commissioner Jeffrey P Carver and the Finance staff later in the week to review the County’s finances from the first six months of the fiscal year He noted that he hopes to provide the Board with a snapshot of the numbers at the January meeting 6 Board Reports and Comments A Teen Driving Safety Initiative Commissioner Cookie Pope noted she and Commissioner Tony Braswell are still working on the teen driving safety initiative B Request from Sheriff Steve Bizzell Sheriff Steve Bizzell informed the Board that his son is in the process of completing Basic Law Enforcement Training Sheriff Bizzell spoke on the difficulties of hiring qualified individuals to serve as deputies for Johnston County and further noted they have recently lost many excellent employees to higher paying areas Sheriff Bizzell stated his son would like to apply for employment with the Johnston County Sheriff’s Office ; however , pursuant to North Carolina General Statutes § 153A - 103 , the Board of Commissioners must approve the appointment of a relative of the Sheriff Sheriff Bizzell clarified that at the present time , he is only considering his son for an interview and may or may not hire him but wanted to receive the Board’s approval before beginning the process Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board voted to approve the appointment of the Sheriff’s son , Blake , should the Sheriff choose to employ him 7 Comments from Chuck Fager Chuck Fager , 223 Hillside Avenue , Fayetteville , North Carolina , addressed the Board Mr Fager informed the Board that he has recently been appointed to the State Board of the American Civil Liberties Union ACLU He recalled the discussion earlier in the meeting during the rezoning hearing regarding the registered sex offender matter He stated it is an issue that has been on the ACLU’s agenda for some time Mr Fager spoke on his opinion to the Board that the State’s sex offender registry is becoming less useful as a way of giving citizens guidance or protecting children and further , it is becoming an obstacle to legitimate business ventures Mr Fager urged the Commissioners to begin a dialogue with the ACLU office on how to work with the legislature to make the registry more useful Mr Fager concluded his comments regarding his association with the ACLU and provided an update to the Board regarding efforts by NC Stop Torture Now and the kidnapping and abuse of detainees There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The meeting adjourned at 7 30 pm Wade M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage