February 12, 2001 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 469 February 12 , 2001 7 00 pm The Johnston County Board of Commissioners met in regular session , Monday , February 12 , 2001 , at 7 00 pm in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina , with the following members present Present James H Langdon , Jr , Chairman , Wade M Stewart , Allen L Mims , Jr and Thomas M Moore , Fred Smith and W Ray Woodall Absent Cookie Pope , Vice - Chairman Also Present Rick Hester , County Manager , Joyce H Ennis , Clerk to the Board , J Mark Payne , County Attorney and John R Massey , Finance Director The Chairman called the meeting to order and the following business was transacted Public Comments There were no public comments 1 Public Hearings - 7 00 pm - Rezoning Case and Special Use Permit Advertised - 01 26 2001 and 02 02 01 - In the Smithfield Herald - Notices posted at the locations on January 24 , 2001 The Chairman opened the rezoning public hearing and invited interested persons to make comments on the following case Case 522 Petition to rezone two parcels totaling approximately 442 acres located on Keen Road SR 1178 in Ingrams Township from Agricultural Residential to Agricultural Residential - Special Use District Owners Sharon Ruth Allen , Donald Lee Allen and Billy W Strickland ; Applicant Donald Lee Allen Assistant Planning Director , Dave Roesler , directed the Board’s attention to the property on the GIS Map and noted it is located on Keen Road about 1 ½ miles from the I - 95 intersection There are some small subdivisions in the area , and surrounding zoning is General Business , Industrial I and Agricultural Residential Applicant Donald Allen , 2141 Keen Road , Four Oaks , stated he built the track 8 years ago to provide a safe place for young people to ride , and has since operated it as a family business The races are divided into classes and only six go carts are on the track at one time No drinking or rough driving is allowed He stated he is fully responsible for the financing of the track and the races , and has never had any problems until this complaint about the noise He submitted a letter from the couple who issued the complaint saying they were no longer opposed as long as the races end no later than 9 00 pm Mr Roesler stated the Planning Board recommended approval and noted there were letters of support from neighbors included in the Commissioners ’ packet The Chairman closed the Rezoning Public Hearing Decision on Rezoning Case 522 Case 522 Petition to rezone two parcels totaling approximately 442 acres located on Keen Road SR 1178 in Ingrams Township from Agricultural - Residential to Agricultural - Residential - Special Use District Owners Sharon Ruth Allen , Donald Lee Allen and Billy W Strickland ; Applicant Donald Lee Allen Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 522 for owners Sharon Ruth Allen , Donald Lee Allen , Billy W Strickland and applicant Donald Lee Allen of two parcels totaling approximately 442 acres located on Keen Road SR 1178 in Ingrams Township from Agricultural Residential to Agricultural Residential - Special Use District Page470 The Chairman opened the Public Hearing on Special Use Permit Request Those wishing to speak on Case 522 were sworn in by the Clerk to the Board Case 522 Special use permit for go cart tract , concession Chips , drinks , parking on approximately 442 acres located on Keen Road SR 1178 in Ingrams Township Owners Sharon Ruth Allen , Donald Lee Allen and Billy W Strickland Applicant Donald Lee Allen Mr Roesler noted that at the Planning Board Meeting , Mr Allen asked to change the hours to include Sundays The Planning Board stated they were not opposed to this , however , felt they should leave the recommended hours as requested , and let the Commissioners make any change if they saw fit to do so Mr Allen asked the Board to change the hours to eliminate Friday evenings and allow operation of the track on Saturdays from 1 00 pm to 9 00 pm , and Sundays from 1 00 pm to 8 00 pm Commissioner Wade M Stewart stated he would not want this to interfere with any Sunday evening services at a nearby church and suggested the Sunday hours for holding the races be from 1 00 pm until 7 00 pm Mr Allen agreed to this suggestion Mr Roesler presented the following summary of evidence on Rezoning Case # 522 A pre - application hearing was held with the applicant on September 25 , 2000 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 requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners Applicant’s Special Use Permit will expire at the end of twelve 12 months if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning Office 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 conference , 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 December 19 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and by unanimous vote recommended approval of rezoning to Agricultural - Special Use District based on the following findings of fact and conditions attached Findings 1 Would be located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 Would comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 446 , Article 6 , Article 8 , and with all other applicable regulations 3 Would be located , designed , and operated so as to maintain or enhance the value of contiguous property ; and 4 Would conform to the general plans for the physical development of the County as embodied in the Comprehensive - Strategic Plan and the County’s Design Guidelines Page471 Conditions a Gross Land Area 442 acres g No concession stand b Number of Buildings 0 h Five classes of races with not more than c Operation of Go Cart Track six 6 carts per race d No charge to spectators i Entrance should be located somewhere e No charge to participants to the center or right side of lot f Hours of operation Fridays - 6 00 pm - 8 30 pm and Saturdays - 1 00 pm - 7 00 pm There being no further comments , the Chairman closed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 522 Case 522 Special use permit for go cart tract , concession Chips , drinks , parking on approximately 442 acres located on Keen Road SR 1178 in Ingrams Township Owners Sharon Ruth Allen , Donald Lee Allen and Billy W Strickland Applicant Donald Lee Allen Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to owners Sharon Ruth Allen , Donald Lee Allen , Billy W Strickland and applicant Donald Lee Allen for a go - cart track and parking on approximately 442 acres located on Keen Road SR 1178 in Ingrams Township , based on the following findings of facts and subject to the following conditions Findings a Would be located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare b Would comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 446 , Article 6 , Article 8 , and with all other applicable regulations c Would be located , designed , and operated so as to maintain or enhance the value of contiguous property ; and d Would conform to the general plans for the physical development of the County as embodied in the Comprehensive - Strategic Plan and the County’s Design Guidelines Conditions a Gross Land Area 442 acres b Number of Buildings 0 c Operation of Go Cart Track d No charge to spectators e No charge to participants f Hours of operation Saturdays - 1 00 pm - 9 00 pm and Sundays 1 00 pm - 7 00 pm g No concession stand 8 Five classes of races with not more than six 6 carts per race 9 Entrance should be located somewhere to the center or right side of the lot 2 Public Hearing County Development Ordinance Article 4 - 60 Buffer Requirement on Site Frontage on Arterial Collector Roads The Chairman opened the public hearing Mr Roesler explained this hearing is for public comment on Article 4 , Section 4413 concerning setback requirements and Section 44161 concerning the common open space for the 60 buffer provisions on arterial and collector roads There has been some confusion as to the buffer area being common space , and who would own and maintain it He offered two options for amending the ordinance for the Board’s consideration Option A would be to increase the minimum building setback from any arterial or collector street to 70 feet and delete the wording in 44161 that states the sixty foot buffer may be counted as part of the development’s common open space requirement Basically , this would do away with the buffer and increase the setback Option B would be to make no change to the setbacks , but make the 60 buffer a landscape buffer that must meet the requirements of a Type A buffer as stipulated in the County design manual Page472 Commissioner Thomas M Moore stated he originally recommended this 60 space in order to provide a buffer area between the road and rows of houses in a subdivision His understanding was the buffer could be landscaped or left natural , but would not be a part of the adjacent lots He suggested other communities have successfully done this type of development and have maintained a rural appearance Commissioner Wade M Stewart disagreed with this area being left as common space , and stated , in his opinion , the setback should be made a part of the adjacent lots so that property owners can maintain it and control what is done in what is essentially their back yards He voiced his belief that Johnston County has plenty of open space , and developers will create open areas as a marketing tool , as this increases the value of property Commissioner Fred J Smith commented the County wants to prevent houses from being built right up to the road , and the developer wants flexibility in developing the property He suggested everyone’s interest could be met by making this area a building setback to keep any structures away from the road , but have the space included in the lot , which would give flexibility to the developer and property owner This way it will be maintained and can be controlled as to usage Commissioner Moore disagreed and stated if left to the developer , the end result , in his opinion , will not be the same Sonny Johnson of 341 Sonny Road suggested the developers also want to preserve the scenic beauty , but stressed someone needs to be able to control the 60 area He suggested the property should be added to the lots and let the developers place restrictions on its usage in their covenants He stated the developers are willing to work with staff , but need some clarity Commissioner Fred Smith pointed out all subdivisions do not have covenants He suggested it would be simpler to require the building setback and give flexibility to the developer as to how the area is used Commissioner Allen L Mims , Jr asked who maintains existing landscaping and berms that developers have in front of their subdivisions Mr Johnson responded the property owners are responsible as set out in the covenants When they fail to maintain the area , the developer is usually called to enforce the covenant This happens even when the subdivisions are completely sold out Steven Sanderson , 201 Glenn Road , Garner , agreed the 60 area should be owned by the property owner in order to have control on how it is used , and noted this is the reason he does not like the open space requirement He suggested areas around and behind wetlands and riparian buffers , may create the same usage problems since no one has control of them Having previously worked with the Department of Transportation , he pointed out that federal regulations require DOT to purchase right - of - way when widening a road , and if there is no property owner , this would create difficulties and major delays Joe Dunnehoo , 219 Wintergreen Drive , Garner , pointed out one way to keep it natural , would be to place it in a conservatory with requirements as to what could and could not be disturbed He noted , however , the best solution would be to make it a part of the subdivision lots and place restrictions so you can have the appearance you want Linwood Byrd , 112 Johnston Street , Smithfield , suggested the Environmental Health Department should have some input since septic systems are permitted in this buffer area He suggested , in his opinion , property should be deeded to the road , regardless of the size of the subdivision Matthew Crawford , who moved here from Beaufort County South Carolina , stated restrictions on vegetative buffers there are handled by ordinance Others who spoke in favor of this area being considered a setback and owned by the property owner were Lanny Clifton from the Cleveland Community , Merle Hall of Smithfield , Jimmy Barbour of Four Oaks , and Dennis Blackmon of Smithfield Chairman Langdon noted that prior to adopting the Development Ordinance , public comments expressed clearly the desire to maintain the rural character of the County Unfortunately , this is not easy to do without creating a problem for developers or property owners He stated his goal has been to promote the building of communities so that people will take pride in their property PagePage pageNumber5473 Commissioner Allen L Mims , Jr suggested that depending on the way it is interpreted , the ordinance leaves it up to the developer whether the 60 buffer is open space or not He noted that in no place does the ordinance say the property can not be included in the lots Several Board members and developers responded that the general interpretation has been that it is open space , and there does need to be some clarification There being no further comments , the Chairman closed the hearing Motion Commissioner Fred J Smith moved the Board adopt staff’s Option A and amend Article 4 of the Johnston County Development Ordinance as follows ARTICLE 4 4413 Minimum Building Setback Requirements DOCR Section 2187 & 2188 a The minimum building setback from a property or right - of - way line for a 1 dwelling unit per acre development shall be as follows 1 From any arterial or collector street - sixty 60 seventy 70 feet 2 From any local street not in a major subdivision - fifty 50 feet 3 From any local street in a major subdivision - twenty - five 25 feet 4 From any interior lot line - ten 10 feet b The minimum building setback from a property or right - of - way line for a 15 dwelling unit per acre development shall be as follows 5 From any arterial or collector street - sixty 60 seventy 70 feet 6 From any local street not in a major subdivision 7 From any local street in a major subdivision - twenty 20 feet 8 From any interior lot line - five 5 feet 44161 Minimum Common Open Space or Recreation Area 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 10 of the total gross land area of the development A sixty 60 foot buffer area shall be provided along the site’s frontage with an arterial or collector road as defined in the Johnston County Design Manual ; this buffer area may be counted as part of the development’s common open space requirement If a proposed development contains wetlands and or riparian or stream buffer areas , they may be designated as common open space However , at least one - half of the 10 common open space dedication shall be provided outside of wetlands and riparian or stream buffer areas Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote 3 Call for Public Hearing - Zoning Map Amendments Mr Roesler explained that the current zoning maps are not consistent with existing businesses He asked the Board to call for a public hearing on proposed amendments to the zoning maps to correctly identify current commercial sites and to remove special use designation in areas where permits have expired Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board called for a public hearing on March 12 , 2001 following the regularly rezoning hearings for the purpose of discussing amendments to the Zoning Maps 4 Four Oaks Middle School Property Chairman Langdon stated the Board of Education is requesting the Commissioners approve the price per acre of 329 acres for the Four Oaks Middle School Property at a total cost of 482,900 Upon a motion by Commissioner Fred Smith , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved the purchase of 329 acres for the Four Oaks Middle School property at a cost of 482,900 PagePage pageNumber6474 5 Pat Goddard - Tax Administrator Appointed Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board appointed Pat Goddard as the new Tax Administrator for a four year appointment , and authorized the Chairman to sign the terms of employment 6 Closed Session Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board recessed regular session to meet in closed session under NCGS § 143 - 31811 5 Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board adjourned closed session and resumed regular session Board Reports and Comments 7 Impact of State Budget The Board discussed briefly the recent information from the State concerning budget cuts , specifically the hold back of the County’s inventory reimbursement for the remainder of the year It was pointed out this would cost the County approximately 750,000 , and could be the beginning of additional State budget restraints that would affect the County adversely Mentioned were possible increases in medicaid match and holding intangible tax reimbursements Finance Officer , John R Massey , questioned what might be mandated by the State over the next few years due to the major shortfall in the State’s Budget There being no further business , Commissioner Fred Smith moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote _______________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage