February 10, 2003 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 215 MEETING OF THE JOHNSTON COUNTY BOARD OF COMMISSIONERS February 10 , 2003 The Johnston County Board of Commissioners met in regular session Monday , February 10 , 2003 , at 7 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina , with the following members present Present James H Langdon , Jr , Chairman , Cookie Pope , Vice Chairman , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , W Ray Woodall Absent Jeffrey P Carver Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , and Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted Public Comments No one spoke at this time 1 Public Hearing - Rezoning Cases & Special Use Permit Request Advertised - In The Smithfield Herald - January 28 , 2003 and February 4 , 2003 Certified letters were mailed to adjoining property owners on January 27 , 2003 and notices posted at the locations on January 31 , 2003 The Chairman opened the rezoning public hearing and invited anyone who wished to comment on the advertised rezoning and special use cases Due to the large number of people in attendance to hear Case 612 , he stated the Board would change the order to hear this case first Case 612 Petition to rezone approximately 3035 acres located off Sanders Road SR 1517 in Pleasant Grove Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Larry Michael Langdon Applicant C & L Promotions Planning Director , Steven Finn , indicated the property on the GIS Map and noted it is located off Sanders Road adjacent to Lansing and Creekstone Subdivisions Surrounding zoning is Agricultural Residential The subject parcel is approximately 1000 feet from the Road , and 700 feet from Lansing Subdivision The property can be accessed from Sanders Road by a cart path , which Mr Langdon maintains he has been given permission to use , and an easement from the end of the path to the property The Department of Transportation has issued a letter approving the driveway entrance , with conditions Attorney Mark Payne suggested a title search on the cart path would determine what rights are involved , especially whether the path could be expanded Owner , Mike Langdon , presented photographs taken at other bluegrass festivals and petitions with signatures of people who support the rezoning He noted he is willing to address any concerns the people in the area have The DOT permit shows no need for a turn lane , and requires the width of the path to be at least 20 feet He noted he would like to widen it to 24 feet Only 10 acres of the thirty acre parcel would be cleared , which would leave a natural buffer between the site and the Lansing Subdivision Toilet facilities , county water , security and trash containment would be provided at all times during any event The local rescue squad would have a vehicle on the site , and a share of the proceeds from the event would be donated to them The property would be insured He noted the traffic would arrive at different times during the three day event The music would not create a noise problem for the people in the area since bluegrass music is not amplified and the stage would be located in a hollow with the hillsides to prevent the noise from traveling Speaking in Opposition to the Rezoning Dave Downing , 170 Lansing Drive , presented petitions opposing the rezoning He stated the number of vehicles , including RV’s are a major concern Page216 February 10 , 2003 Continued Sam Stephenson , Old Lee Road , Willow Springs , stated he owns the 40 acres in front of this property on Sanders Road , which has been in his family for generations He stated , in his opinion , this is not the right location for this type of event Sanders Road is not suitable for really heavy traffic , and it has no excess to I - 40 He noted , although he does not live on the property at this time , he might move there when he retires , develop it , or his children might someday live there He stated the cart path runs along his property , and he does not plan to give any more right of way to widen it , and in his opinion , a 20 cart path would not be sufficient if you had to evacuate the property He also voiced concern that rough camping along his property line would decrease the value of his land , and questioned what other type of festivals might be staged there in the future Eleanor “ Ellie ” Barbour , 517 Hiking Trail , stated her property backs up to and shares a creek with the subject property She noted she has studied the Land Use Ordinance concerning special use permits , and maintained the request does not meet the findings of fact that are required for approval She opposed the rezoning and stated during most seasons of the year , she can see the area , and does not wish to look out her windows at camped RV’s Charlie Parrish , 127 Meadow Run , Clayton , stated he and Mike Langdon had been neighbors and friends for many years He noted he owns the 35 acre farm on the other side of the cart path , and is currently building a home on the property He stressed his concern that neighbors are so split on this issue He noted he is not opposed to bluegrass music , and respects Mr Langdon’s right to want to do this , however , in his opinion , this is not the right place This is a farm path , not a commercial road He voiced concern with people coming down that path all hours of the night , and concern for what it might lead to in the future He asked that Mr Langdon find another location Others who opposed the rezoning were lt; Frank Pearce , 104 Lansing Drive , who voiced traffic concerns lt; Christine Moston , Slippery Bank Court , who was concerned it would decrease property values lt; Perry Gray , who questioned the safety and security issues of that many people being at one location lt; Lisa Butler , 99 Parrish Farm Lane , was concerned about the noise and the increase in traffic lt; Owen Gidlow , 195 Lansing Drive , pointed out 1 3 of the property is in flood plain - no suitable infrastructure for handling this many people lt; Doug Sparrow , 720 Slippery Bank Court , questioned the ability of the roads to handle traffic of this magnitude Also , voiced concern for traffic safety lt; Bret Barnhill , 11 Harvey Place , voiced concern that emergency vehicles would not be able to get to the property if needed Speaking in favor of the rezoning Ben Niblock , 106 West Stevens Street , Smithfield , gave a brief history of bluegrass music and noted this is not loud music He suggested the people who enjoy this type of music are families who are not looking for trouble He asked the Board to approve the rezoning Debbie Wells , 2678 Jack Road , Clayton , spoke also of the family units who attend these festivals She stressed that this is not the kind of setting where you see people drinking alcohol or cursing or being rowdy She introduced her family and they sang a song to show the type of music that is found at bluegrass events Al Batten , Bluegrass performer , stated from a musician’s point of view , bluegrass will never be loud like other types of music He stated no bluegrass performer would trade quality for intensity He noted that traditionally , children get in free and seniors get a discount , which encourages families to come together He noted he has never been to a bluegrass festival in the past 15 years that he would not have hesitated to take anyone else to Nancy Cannady , Scarlet Lane , Garner , who works with C & L Promotions , showed pictures of the type of amplifier setup that would be used She suggested her company should not have used the term rough camping , as it gives the wrong connotation She stated her vision is having RV’s that are self - contained with bathroom facilities parked at the site She noted the company has opted to hire off - duty deputies rather than hire a private security firm Others who spoke in favor of the rezoning were Page217 February 10 , 2003 Continued lt; Crystal Roberts , King Mill Road , Four Oaks , who stated she attends similar festivals at Cherokee where there are nothing but winding roads She stated she has seen no problems with the traffic lt; Paul Dupree , 410 Parrish Farm Lane , Benson , voiced support for the rezoning and noted , in his opinion , this would be great for the community lt; Melody Langdon , 930 Lazy Branch Drive , Benson , who stated she and two other vehicles were able to pass side by side on the path She stated , in her opinion , there would be no problem with traffic lt; J L Coats , Sanders Road , suggested the Board at least give it a try He noted he has been in the area all his life and he has seen the growth and change that has come People have to accept change and get along with the people they live amongst lt; Tony McLamb , Benson , supported the rezoning and stated , in his opinion , there would not be 3000 people Those who come would come at different times , so there would be a gradual influx rather than the situation you would expect at a ball game He noted bluegrass is part of our heritage , and recommended the festival for families lt; Shaun Burgess , 909 Lazy Branch Drive , stated her house would probably be the closest to , and located in front of the stage She stated , in her opinion , Mr Langdon is not trying to create a problem for anyone else and deserves a chance to have this opportunity She pointed out this would only be held once or twice a year , and should not be a problem The Chairman asked the owner , Mike Langdon if he wished to make further comments before the hearing was closed Mike Langdon stated he would be willing to be flexible on the issues raised at this meeting In response to a question from Commissioner Thomas M Moore about water connection , he noted he has a tap on Sanders Road Concerning a comment about another access to the property , he noted he has a deeded easement to the subject property from a cul - de - sac in Lansing Subdivision Mr Finn stated the Planning Board recommended denial of the rezoning by a vote of 6 to 3 The Chairman Recessed the Rezoning Public Hearing - Case 612 Decision on Rezoning Case 612 Case 612 Petition to rezone approximately 3035 acres located off Sanders Road SR 1517 in Pleasant Grove Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Larry Michael Langdon Applicant C & L Promotions Commissioner Allen L Mims , Jr noted this decision is not about bluegrass music , but outdoor activity He stated he tends to agree with Ms Ellie Barbour that the required findings have not been proved He noted , in his opinion , this type of activity would be better near commercial zoning Commissioner Wade M Stewart stated he sees this differently He noted traffic seems to be everyone’s concern , but noted the Bentonville Battleground re - enactments are held several times a year and they attract thousands of people who access the event by a two lane road with no problem He noted the Raleigh Jaycees sponsor the steeplechase in Johnston County each year , and that too is on a two lane road He noted you can’t control drinking at either of these events , and there is certainly a great deal of noise at both , especially at Bentonville where they shoot off canons He stated , in his opinion , this is the same situation , and he would have no problem with it if it were located across from his home since he would know the type of people who would come and the fact that it would be held only twice a year He stressed the Board of Commissioners can place conditions on any special use permit Commissioners Cookie Pope and W Ray Woodall stated they too favor this rezoning Commissioner Pope pointed out her community has celebrations and ball games that create large crowds with no problems Commissioner Woodall stated having this for six days a year would , in his opinion , be preferable to having 200 additional houses put on the property He suggested the tradeoff for people in the neighborhood would be having tranquility and rural atmosphere the rest of the year Commissioner Thomas M Moore stated he sees no problem with the rezoning and feels it would be good for the community , but is concerned about how the owner can widen the path to a 20 gravel road and put in water line Page218 February 10 , 2003 Continued Following further discussion , Commissioner Wade M Stewart moved the Board approve rezoning case 612 for owner , Larry Michael Langdon and applicant , C & L Promotion , of approximately 3035 acres located off Sanders Road SR 1517 in Pleasant Grove Township from Agricultural Residential to Agricultural Residential - Special Use District Commissioner W Ray Woodall seconded the motion , which carried by the following vote Ayes Cookie Pope , Thomas M Moore , W Ray Woodall and Wade M Stewart Nays James H Langdon , Jr and Allen L Mims , Jr The Chairman Opened the Special Use Permit Hearing - Case 612 Case 612 Special Use Permit for outdoor music events , parking , concessions , rough camping on approximately 3035 acres located off Sanders Road SR 1517 in Pleasant Grove Township Owner Larry Michael Langdon Applicant C & L Promotions Board members discussed several conditions to consider placing on the permit , such as limitations on the frequency , length of time involved , and type of event that could be held It was also noted the permit should be subject to the owner being able to have adequate access Due to the complexity of this issue , Commissioner Allen L Mims , Jr suggested the Board ask staff to work with the owner and come back with specific recommendations There being no further comments , the Chairman recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 612 Case 612 Special Use Permit for outdoor music events , parking , concessions , rough camping on approximately 3035 acres located off Sanders Road SR 1517 in Pleasant Grove Township Owner Larry Michael Langdon Applicant C & L Promotions Following discussion , Commissioner Thomas M Moore moved the Board table the decision on the application for a special use permit until the March 10 , 2003 rezoning meeting Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman Re - opened the Rezoning Public Hearing Case 605 Petition to rezone approximately 49 acre located on US 70 Business East in Smithfield Township from Agricultural Residential to Industrial 2 - Special Use District Owners William Cecil Capps and Anthony Capps Applicant Miguel Proa Mark Payne , County Attorney , stated that it is his understanding that Mr Proa would like a continuance until the next rezoning meeting so his attorney can be present Mr Proa’s interpreter agreed Persons who wished to participate in the hearing on this case pointed out it was postponed twice at the th Planning Board stage After some discussion , Chairman Langdon granted the continuance until the March 10 meeting , but stated it will definitely be heard at that time The Chairman then called for the next case - Case 613 Case 613 Petition to rezone approximately 177 acres located on US 70 West in Clayton Township from Agricultural Residential to General Business District Owners and Applicants H Estes Rigsbee and Kay H Rigsbee Mr Finn indicated the property on the GIS Map and noted it is located on US 70 West near the Wake County Line Surrounding zoning is Agricultural Residential , Commercial and General Business Overlay District H Estes Rigsbee , applicant , stated that all the surrounding property is zoned commercial and he does not feel he would be able to market his property as residential PagePage pageNumber5219 February 10 , 2003 Continued Mr Finn stated the Planning Board recommended approval by unanimous vote The Chairman Closed the Rezoning Public Hearing - Case 613 Decision on Rezoning Case 613 Case 613 Petition to rezone approximately 177 acres located on US 70 West in Clayton Township from Agricultural Residential to General Business District Owners and Applicants H Estes Rigsbee and Kay H Rigsbee Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 613 for owners and applicants , H Estes Rigsbee and Kay H Rigsbee of approximately 177 acres located on US 70 West in Clayton Township from Agricultural Residential to General Business District The Chairman Re - opened the Rezoning Public Hearing - Case 614 Case 614 Petition to rezone eight parcels totaling approximately 27726 acres located on Pierce Road SR 1546 , Cleveland Road NC 1010 , Glen Road SR 1547 in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District Owners J Fletcher Boone , Brack Penny Road Limited Partnership , W Emmette Simpkins , Alfred T Taylor , Jr , Katie B McNally and Billy G Britt , Ramona B King and Janet B Parker and Sheila B Cox , Jerry S Boone Petitioner Teddy Hines Mr Finn indicated the property on the GIS Map and noted this is the first application for a PUD or Mixed Development that has come before the Board since the Land Use Development Ordinance has changed this to a special use district The property is located on Pierce Road , Cleveland Road and Glen Road near the Wake County Line and the I - 40 42 Interchange Surrounding zoning is Agricultural Residential and Interstate Highway Overlay District It was noted the Board of Commissioners heard a request for sewer allocation for this project at their January meeting The Board denied the request at that time but indicated they might reconsider it after they hold a workshop on sewer service in late February Robert Massengill with Southwind Engineering and Surveying of Garner pointed out the advantages of this type of development He noted it would include single and multi - family residences at different cost ranges as well as commercial development It would expand the County’s wastewater system , which would help develop other properties , and would provide 14 in open space The owner has agreed to provide property for fire and rescue facilities and will work with the NC DOT to make any necessary improvements to the road system He asked the Board to approve the rezoning subject to availability of sewer capacity Commissioner Thomas M Moore stated he would like to see the Board approve the rezoning , which would be one step behind the owner and developers if the Board agrees to the sewer capacity following their workshop Discussion ensued concerning whether this would be wise since no decision has been made on sewer allocation The possibility of rezoning but allowing only the commercial sites to be developed was considered , however it was noted the commercial would be dependent on the residential development Mr Massengill stated he and the owner have explored other options including the possibility of adding a golf course , adding more commercial and decreasing the original number of housing units Commissioner Wade M Stewart asked if the offer for a school site was still valid since the Board of Education was not interested at the time this was discussed with them Teddy Hines , owner of the property , responded the offer is no longer possible since the area is now being considered for a golf course and this would not leave enough room for a school site Glen Boykin , 799 Pierce Road , voiced concern of how this development would impact the community He mentioned the impact on schools , traffic and the additional use of the solid waste compaction site He noted that criminal activity increases with an increase in population PagePage pageNumber6220 February 10 , 2003 Continued Jan Parker , 174 Bluegrass Court , Angier , stated she is one of three sisters who own parcels included in this development plan She asked the Board to approve the rezoning and the sewer allocation so that the property can be developed in accordance with the ordinance She noted this type of mixed use zoning assures that development will be well planned Robbie Watson , 204 Lynfield Lane , stated he only recently heard of this request and would like to know more about the plans Jeffrey Hurr , Cleveland Road , stated he does not object to progress and change , but the proposed density , would impact the entire area , including sewer service , schools and property values He commented on the different proposals he heard mentioned and noted he would like to see a final plan Robert Dupree , Cleveland Road , opposed the rezoning and voiced concern with the increase in traffic and other negative impact on the community from a development of this size Mr Finn stated the Planning Board recommended approval subject to availability of sewer allocation There being no further comments , the Chairman Closed the Rezoning Public Hearing - Case 614 Decision on Rezoning Case 614 Case 614 Petition to rezone eight parcels totaling approximately 27726 acres located on Pierce Road SR 1546 , Cleveland Road NC 1010 , Glen Road SR 1547 in Cleveland Township from Agricultural Residential to Special Use District Owners J Fletcher Boone , Brack Penny Road Limited Partnership , W Emmette Simpkins , Alfred T Taylor , Jr , Katie B McNally and Billy G Britt , Ramona B King and Janet B Parker and Sheila B Cox , Jerry S Boone Petitioner Teddy Hines Commissioner Thomas M Moore moved the Board approve rezoning case 614 and approve sewer allocation for the commercial development The motion failed for lack of a second th Commissioner Allen L Mims , Jr moved the Board table rezoning case 614 until the March 10 meeting , at which time the Board will have met on February 26 , 2003 and discussed wastewater issues Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote 3 Call for Public Hearing - Water Supply Watershed Protection Ordinance Amendments Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board scheduled a public hearing for March 10 , 2003 on the Water Supply Watershed Protection Ordinance Amendments 4 Plans & Specification - Buffalo Water District Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board recessed regular session to sit as the Buffalo Water District Commissioner W Ray Woodall moved the Board approve the specifications and plans for the Buffalo Water District so the project can be bid as soon as possible Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Buffalo Water District adjourned , and regular session was resumed Board Reports and CommentsPagePage pageNumber7221 lt; Board Retreat Scheduled - Board scheduled a retreat for March 7 , 2003 from 8 30 am to 3 00 pm at a location to be determined Possible items to be discussed Update from financial advisor , Davenport & Co , Capital Improvement Plan , update on revaluation and the Recreation Grant Program lt; Planning - Solid Waste Enforcement - Commissioner Thomas M Moore commented on the trash along Hwy 210 , which apparently is blowing off of vehicles heading to the landfill Staff will look into this lt; FEMA Buyouts - Commissioner Wade M Stewart requested that a list be compiled of the FEMA properties owned by the County , where they are located , how much land involved and what the County wants to do with the property lt; Debris From Ice Storm - Comment about debris from the ice storm still along the roads Manager to contact DOT There being no further business , Commissioner W Ray Woodall moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote ________________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , Clerk to the BoardPage