August 12, 2002 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 39 August 12 , 2002 The Johnston County Board of Commissioners met in regular session , Monday , August 12 , 2002 at 7 00 pm in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina with the following members Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , Thomas M Moore , Allen L Mims , Jr , W Ray Woodall and Fred Smith Absent Wade M Stewart Also Present Rick Hester , County Manager , Joyce H Ennis , Clerk to the Board , and J Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted Public Comments 1 Complaint of Water Runoff From Winston Plantation Susan Green , who lives on Winston Road , addressed the Board about problems she is having with water runoff from the Winston Plantation subdivision onto her property and into her pond She showed pictures of the pond prior to and after the development of the subdivision , and stressed the sediment has changed her once clean , clear pond into a muddy mess She stated it is her understanding that County staff has addressed this matter with the developer , and the immediate problem should be corrected She noted , however , she would still like to see a retention basin built on the Winston Plantation property so that future problems can be avoided , and suggested the County consider an erosion ordinance as well Acting Stormwater Management Director , Chandra Cox , confirmed that the engineer for Winston Plantation has agreed to enlarge the channel and clean out the sediment from Ms Green’s driveway to the pond The Chairman thanked Ms Green for her comments 2 Public Hearing - 7 00 pm - Rezoning Case Advertised - In the Smithfield Herald - July 26 and August 2 , 2002 Certified letters were mailed to adjoining property owners on August 1 , 2002 and notices posted at the locations on August 1 , 2002 The Chairman opened the rezoning public hearing and invited interested persons to make comments on the following case Case 593 Petition to rezone approximately 87 acre located on Powhatan Road SR 1901 in Clayton Township from Agricultural Residential to Office and Institutional Owner and Applicant Barbara J Maye Steven Finn , Planning Director , indicated the property on the GIS Map and noted it is located on Powhatan Road near Highway 70 The surrounding zoning is Agriculture Residential , Industrial and Commercial Barbara Maye , applicant , stated the area has become very commercial in nature , and feels it would be to her advantage financially to also operate a business on her property Mr Finn stated the Planning Board recommended approval by unanimous vote The Chairman Closed the Rezoning Public Hearing Decision on Rezoning Case 593 Case 593 Petition to rezone approximately 87 acre located on Powhatan Road SR 1901 in Clayton Township from Agricultural Residential to Office and Institutional Owner and Applicant Barbara J Maye Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved rezoning case 593 for applicant , Barbara J Maye of approximately 87 acre located on Powhatan Road SR 1901 in Clayton Township from Agricultural Residential to Office and Institutional Page40 3 Public Hearing - Correction to Zoning Atlas Advertised 7 26 and 8 2 02 in The Smithfield Herald The Chairman opened the public hearing and invited anyone who wished to address the Board on a proposal to correct the County Zoning Atlas for approximately 1165 acres on NC 231 in O’Neals Township to reflect the existing use at the time of countywide zoning Mr Finn explained the use of the property at the time and prior to countywide zoning was a salvage yard , an auto repair and body work operation , and a sales operation for vehicles and new and used auto parts It should have been zoned Industrial 2 which would have allowed this use ; however , it was zoned incorrectly as Community Business This hearing is to consider correcting the error If the Board approves this correction , it is likely the owner will submit a request for a special use permit in the near future as he would like to expand his business Commissioner Allen L Mims , Jr noted the Board has amended the Zoning Atlas several times over the past few years in cases similar to this , which appear to have been errors at the time of countywide zoning He asked if research has been done to see if these zoning designations were actually errors or possibly done to leave the property use as non - conforming so that it could not be expanded He suggested some of the existing uses at the time of zoning might not have been considered appropriate for the location , and this was done with the hope they would eventually go back to a more suitable zoning designation County Manager , Rick Hester , stated he worked in the Planning Department at the time of countywide zoning , and to his knowledge , there was no Board directive or staff intent for any properties to be zoned other than in accordance with their existing use There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Fred Smith , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved the correction to the County Zoning Atlas for 1165 acres on NC 231 in O’Neals Township , owned by Ronald and Mary Alice Johnson , to Industrial - 2 Special Use District 4 Request for Building Moratorium - Waverly Point Subdivision Phil Taylor , 75 Natalie Drive in Waverly Point Subdivision , introduced Jeff Benson as spokesperson for the group of citizens requesting a building moratorium in Waverly Point Subdivision until drainage problems are corrected A petition was handed to the Board with the signatures of residents in Phase I of the subdivision in support of the request Jeff Benson , 110 Irene Lane , stated that Waverly Point Subdivision is located near the intersections of Hwy 42 and 50 , close to the Wake County line The developer is Son - Lan Development , with phase I developed in 1998 Mr Benson maintained there have been stormwater drainage issues all along , and during heavy rains , water like a river runs through a number of the lots washing out landscaping , creating holes in sidewalks and driveways , and leaving a large amount of debris He stated that two weeks after he closed on his house , a rain event washed out all his landscaping His builder repaired the damage and met with the developer to discuss the problem The developer cut a portion of his driveway out and changed the grade of the land ; however , this has only spread the water making the water flow worse There has been no further attempt by the developer to correct the situation Mr Benson showed a video taken during three rain events in August 2001 , September 2001 , and a few weeks ago on June 24 , 2002 Each of the storms dumped heavy rain over a short duration The tape showed rapid running water flooding the roads , driveways and yards of a number of houses It showed the ground around driveways and septic tanks washed away and ditches seriously overflowing Mr Benson stated it is the contention of the people appearing before the Board that the development has insufficient ditches , insufficient culverts and insufficient catch basins to handle water runoff This leads to excessive flooding , high water velocity and erosion He suggested this situation creates a serious danger for the community as a child could easily be swept away due to the velocity of the runoff Considering the amount of damage from a short rain event , a tropical storm or hurricane would be much worse Fire and emergency personnel would be unable to get to their homes because of the water Mr Benson noted that Son - Lan Development Corporation is continuing construction in subsequent phases , with phases 4 and 5 being in the permit stage at this time On behalf of the group , he asked thePage41 Board to place a moratorium on further construction until this problem in Phase 1 is solved , and suggested an outside engineer and hydrologist evaluate the problem to determine what can be done to correct the situation He also noted the builders in the subdivision are burning insulation , pvc pipe and treated lumber , and asked the County to check into this Mr Taylor handed out a list of questions the residents would like response to from the Commissioners and staff He noted the group recognized they may have to seek independent legal relief ; however , they feel the County has the right and obligation to prevent further problems Board members agreed this is a problem that needs immediate attention Commissioner Fred Smith stated that fixing this will not be easy as there is a 110 fall in little more than ½ mile He asked staff what information about the grade of the land and potential runoff the County has prior to approving subdivisions Planning Director , Steven Finn , stated the development ordinance does not address some of these issues When plats come to the Planning Board , it is assumed the engineer has done his job The new Stormwater Ordinance , however , does require a stormwater management plan that is approved subject to the Planning Board’s approval of the subdivision plat Commissioner Thomas M Moore pointed out that Phase I of Waverly Point was approved prior to the Stormwater Ordinance being adopted He noted incidents like this are the reason the County developed the new stormwater ordinance Amanda Bader , Water Resources Engineer who works with the County , and Chandra Cox , acting Stormwater Management Director , offered information concerning what staff has been able to determine about this situation Ms Bader showed a map of the subdivision and pointed out several problem areas Ms Cox stated some possible violations in phase 2 and phase 3 have been identified and will be addressed immediately It appears a number of drainage and culvert pipes are undersized The runoff from phase 3 drains to two streams , which are backing up , and a portion of phase 2 does drain into phase I Two hundred and sixty five acres drain into a stream that runs through a 30 culvert on phase I Attorney Mark Payne pointed out that phases 4 and 5 have not been approved for a stormwater plan , nor have the plats been approved by the Planning Board Land disturbing activities can not commence in two phases without an approved stormwater management plan As Ms Cox indicated , the County’s investigation has shown some possible violations in the other phases of the subdivision By the ordinance , we are required to notify the developer of any violations and give them time to fix the problems If corrections are not made , enforcement remedies are in place He cautioned that the County stepping in to fix something we have no authority to fix would create additional problems for everyone We can only identify those areas where we have enforcement authority and any violations will be pursued vigorously Commissioner Allen L Mims , Jr asked Mr Payne if the County has the authority , based on protecting the health and welfare of the public , to place a short - term moratorium on building until these issues are addressed Mr Payne responded , in his opinion , the County probably does have the authority to do this , however , it would be stepping into unchartered territory and would most likely be challenged Chairman James H Langdon , Jr stated , in his opinion , placing a moratorium on building in the subdivision would be questionable at best and would set a precedent in an area where the County does not need to go He stated we are , however , in a position to be the catalyst for having this problem fixed The Board has both seen and heard enough to know this is a situation that needs to be remedied quickly He promised those present that the County would act on this immediately Drew Calderone , 488 Natalie Drive , stated the problem has been talked about for two years , and meanwhile more houses have been added and the situation made worse dramatically He asked the Board to bring further construction to a halt until this can be fixed Bill Cutt , 477 Natalie Drive , agreed and asked what kind of time - line the residents can expect for seeing some solution He noted things only get worse , and the citizens don’t know who else to call for help Carol Harris , 218 Peggy Court , noted that in addition to the flooding problems , the roads in the subdivision have never been turned over to the State , and therefore the school buses will not come down them She suggested the intent and spirit of the law is to protect the citizens Page42 Commissioner Fred Smith pointed out there is no question that there has been harm done , but as the Attorney pointed out , there is a remedy in our system , which the County must follow or risk the possibility of creating a worse situation To place a moratorium on building without first citing the developer for violations of the law would be difficult to defend Commissioner Allen L Mims , Jr asked if this was not a public health and safety problem He read from the NC General Statutes , 153A - 140 , which allows counties to “ remove , abate or remedy everything that is dangerous or prejudicial to the public health ” Mr Taylor stated the residents have been asking for help for years because of their belief that raw sewage is coming out of the ground into the creeks through their property He noted , in his opinion , the developer and builders have no regard for the health and safety of the neighborhood Sue Faucett , 225 Natalie Drive , stated she organized the first community meeting on this matter and invited the developer to come He agreed to attend , but did not show up She stressed the immediate need for the builders to stop burning materials on site Rusty Martin , 65 Cameron Drive , noted his house was the last one built in phase I ; however it is not the last lot The last lot has a 30 culvert , and dirt is already being hauled in where he understands they plan to build a house In further discussion , the Board was asked if they could give the group some agreement that the County would act as rapidly as possible in every legal way possible , and then provide an update on what steps have been taken at their next meeting Chairman Langdon agreed this would give the County an opportunity to meet with the developers and find out what needs to be done It was suggested a small group of Commissioners , staff and rd representatives from the group meet with the developer and builders within a week By the September 3 meeting , the Board will have a definite plan for what action needs to be taken In the meantime , the Board will ask the Planning Board to postpone approval for further development until this issue is resolved Sandra Kopanski , 263 Mark Lane , stated she has met with a specialist in hydrology and showed him the layout of the land The specialist just shook his head She voiced her fear that it would take the death of a child to get something done Jerry Fitzgerald , 150 Peggy Court , also voiced his frustration with the developer and builders He stated everyone says it is someone else’s fault rd The Chairman asked the group to give the County until September 3 to work with all the parties toward resolving the problem 5 Mobile Home Inspection Fees Amended County Manager , Rick Hester , informed the Board a number of meetings have been held to review the mobile home inspections fee increases adopted in June Following considerable discussion , staff is recommending the Board revise the increase to reflect a 100 increase over last year’s fee This would be consistent with the increase in stick - built home inspections He also asked the Board to make this st retroactive to July 1 and instruct staff to refund any excess paid during that time Commissioner Thomas M Moore moved the Board repeal the decision approved in the 2002 - 03 budget concerning an increase in mobile home inspection fees and approve instead a 100 increase , with the understanding this would be retroactive to July 1 , 2002 with refunds sent to any citizen who paid according to the revised fee schedule Commissioner Fred Smith seconded the motion Discussion Commissioner Allen L Mims , Jr asked if the inspection fees for electrical and other trades would be changed He noted , in his opinion , the fees for trade inspections should be uniform for everyone , and asked that the motion be amended to establish a 50 fee on all trade inspections Commissioner Moore agreed to the amendment Commissioner Fred Smith , who seconded the original motion , did not agree and stated he would be opposed to changing the trade inspection fees for mobile homes at this time PagePage pageNumber543 At that point , Commissioner Mims offered to second Commissioner Moore’s amended motion ; however , after some discussion , the following motion was restated and carried Motion Commissioner Thomas M Moore moved the Board repeal the decision approved in the 2002 - 03 budget concerning an increase in mobile home inspection fees , and establish the following revised fee schedule for mobile home inspections to be effective retroactively to July 1 , 2002 Increase in mobile home building permit fee of 100 over last year’s fee , with inspection fees for trade inspections to remain as they were in 2001 - 02 Commissioner Fred Smith seconded the motion , which carried by unanimous vote Following the motion , Commissioner Fred Smith stated the issue of trade inspection fees is a more complicated matter which should be considered carefully before any action is taken He recommended a subcommittee look at this in detail Board members agreed this would be a good idea President of the Homebuilders Association , Thomas Jancuska , spoke briefly of his Association’s support for the Board’s decision to increase inspection fees ; however , he noted the homebuilding industry should not take the full brunt of this He pointed out that contrary to a popular opinion , stick - built homes do pay for themselves while mobile homes do not He stated that among other things , stick - built homes pay higher inspection fees and taxes , but mobile homes use the same services He suggested the homebuilders should not have to pay for the mobile home industry Commissioner Fred Smith noted that currently the General Assembly is considering a bill that would consider all mobile homes , singlewides and doublewides , as real property He agreed that growth does pay for itself Chairman Langdon thanked Mr Jancuska for his comments and for the support that the Homebuilders ’ Association has given this Board Board Reports and Comments 6 Discussion Concerning Citizen Complaints Commissioner W Ray Woodall spoke of the need for the County staff to issue citations and enforce the remedy for violations when necessary He expressed concern that the issue with Waverly Point Subdivision reached this level of frustration Chairman Langdon stated it is his belief that staff has traditionally responded when notified , however , in many cases the public does not know who to contact Calls in the case of Waverly Point went to various state and local agencies He noted he had received no calls and was not aware of a problem until the issue was televised Attorney Mark Payne agreed and noted that staff did receive some calls to which they responded the homeowners should contact their builders and the developer of the subdivision about flooding concerns There were no follow up calls , and staff was unaware of how big the problem had become Tonight was the first indication of any improper burning Had the County known about that , it would have been addressed through our Fire Marshal and through the solid waste ordinance Staff will certainly look into this immediately Commissioner Woodall pointed out the need for the County to follow up on these types of issues in the hope that a remedy can be found before the problem becomes a major concern Board members agreed that follow up is very important There being no further business , Commissioner Allen L Mims , Jr moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote ____________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage