September 13, 1999 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 586 September 13 , 1999 The Johnston County Board of Commissioners met in Regular Session , Monday , September 13 , 1999 , 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 , Jerry F Wood , DDS , Eleanor N Creech , Thomas M Moore , Wade M Stewart and Allen L Mims , Jr , Absent None Also Present Rick Hester , County Manager , Joyce H Ennis , Clerk to the Board , Mark Payne , County Attorney , and John R Massey , Finance Officer The Chairman called the meeting to order and the following business was transacted Public Comments - No public comments were made 1 Public Hearing Regular Rezoning Cases Advertised - The Smithfield Herald - August 31 and September 7 , 1999 Certified letters were mailed to adjoining property owners on September 2 , 1999 , and notices were posted at the locations on September 2 , 1999 Case 425 Petition to rezone approximately 2054 acres located on Old School Road SR 1350 in Elevation Township from AR R40 to Mobile Home Park District Owners Jerry and Rebecca Parker Due to the number of persons in attendance , the Chairman moved the hearing for this case to Courtroom 2 in the Courthouse Annex Cal Genereux , Planning Director , presented information concerning the location of this parcel and noted the surrounding zoning is AR R - 40 , Community Business and Industrial Thurston Hicks , former zoning administrator for the City of Raleigh , represented 236 residents in the area who oppose the rezoning He provided additional signatures to add to the petition in opposition that was presented to the Planning Board , and showed a parcel map outlining the properties that represent those families who do not feel a mobile home park is in character with the surrounding area When asked to stand , a large portion of the audience stood in opposition He noted his clients are concerned about the effect such a development would have on traffic , schools and well water They also questioned the need for a mobile home park in this area , and don’t feel enough information has been provided concerning the plan for development The area is primarily rural farm land with homes and mobile homes on single lots Kevin Allen , who grew up in this neighborhood , and whose parents sill live in the area , showed slides of the surrounding properties He stated , in his opinion , a mobile home park does not belong in this rural neighborhood setting Brenda Atkins of Oliver’s Grove Road stated there are already a number of mobile home parks in their area of the County , and suggested the notices in the local newspapers indicate there is no need for another Joe Dunnehoo , engineer with Southwind Surveying and Engineering who represented the Parkers , responded to some of the questions and concerns of the community He explained the mobile home park would be for homeowners only ; no renting or subletting would be allowed Concerning the impact on traffic and schools , this property staying as it is , zoned AR R - 40 , could be developed with duplexes to create the same number of residents The roads are not heavily traveled at present , and development of the property should not create any major traffic problems Mr Dunnehoo stated the development would have a central deep well system that would be operated by Heater Well Company and should have no adverse affect on community wells He also maintained that studies show there is a need for mobile home lots Page587 Petitioner Rebecca Parker , who lives on Old School Road across from the property stated she and her husband decided on a mobile home park because they wish to keep the land in their family and farming it is no longer profitable She noted the proposed park would be carefully managed by her and her husband , and background checks would be done on each potential resident She maintained they were encouraged by new mobile home dealers to develop a park of this type because of the need Ms Parker showed pictures of the two mobile home parks in the County that have been developed under the mobile home ordinance She noted the crime rate in these parks is no higher than in other subdivisions , and studies indicate that manufactured homes depreciates at the same rate as site built homes Teresa Allen , who lives on US 301 South near the property , noted most of the individual wells in the area are deep , not shallow wells , and expressed further concern about the affects of a community well system She also pointed out that additional traffic is a concern since Oliver’s Grove Road , which intersects Old School road near the property , is heavily traveled since it leads to Hwy 301 and South Johnston High School She asked the Board to deny the rezoning The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 425 Case 425 Petition to rezone approximately 2054 acres located on Old School Road SR 1350 in Elevation Township from AR R40 to Mobile Home Park District Owners Jerry and Rebecca Parker Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board denied rezoning case 425 for Jerry and Rebecca Parker of approximately 2054 acres located on Old School Road SR 1350 in Elevation Township from AR R40 to Mobile Home Park District The Meeting was moved back to the Commissioners ’ Meeting Room at approximately 8 00 pm 2 Update on Hurricane Floyd Before resuming the public hearing , the Chairman called on Dewayne West , Emergency Management Director , to update the Board on Hurricane Floyd Mr West stated the storm continues to move eastward toward the coast A briefing is to be held in the Emergency Operations Center at noon on th September 14 The Chairman re - opened the public hearing Case 429 Petition to rezone approximately 46 acres located on Mt Pleasant Road SR 1533 in Pleasant Grove Township from AR R40 to Residential 30 Owner F Glenn Johnson Applicant Lee R Hines , Jr Southwind Surveying Mr Genereux indicated the property on the GIS map and noted it is located near NC 50 , south of Benson in the McGee’s Crossroads Water District Several other subdivisions are in the area The surrounding zoning is AR R - 40 , Residential 30 , Mobile Home Park , Resort Residential and several commercial designations R - 30 would increase the number of potential lots from approximately 50 to 67 Steven Sanderson with Southwind Surveying spoke on behalf of the owners He noted the number of lots that can be built on are limited because of poor soil in some areas and a creek that runs along the western border of the property that will require a 50 buffer In response to a question from Commissioner Wade M Stewart , Mr Genereux stated only one entrance would be required initially due to the size of the development He commented , however , that it might be wise to require an additional stub - out for the future Mr Genereux noted the Planning staff and Planning Board recommended approval Page588 The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 429 Case 429 Petition to rezone approximately 46 acres located on Mt Pleasant Road SR 1533 in Pleasant Grove Township from AR R40 to Residential 30 Owner F Glenn Johnson Applicant Lee R Hines , Jr Southwind Surveying Commissioner Thomas M Moore moved the Board approve rezoning case 429 for F Glenn Johnson , owner and Lee R Hines , Jr , applicant , Southwind Surveying of approximately 46 acres located on Mt Pleasant Road SR 1533 in Pleasant Grove Township from AR R40 to Residential 30 Commissioner Wade M Stewart seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Eleanor N Creech , Jerry F Wood , Wade M Stewart , Allen L Mims , Jr and Thomas M Moore Nays Cookie Pope Commissioner Pope stated for the record that she voted against the rezoning because of the potential impact on schools and roads in the area The Chairman re - opened the public hearing Case 430 Petition to rezone approximately one acre located on Highway 210 in Pleasant Grove Township from AR R40 to General Business Owner Charles Ray Dunn , Applicant S Vann Sauls Mr Genereux pointed out the property on the GIS map and noted it is located near McGee’s Crossroads off NC 210 , immediately behind the owner’s existing business , Dunn’s Welding The surrounding zoning is AR R - 40 , General Business , Community Business , Mobile Home Park and R - 30 Mr Dunn needs this parcel rezoned so he can expand his existing business Attorney Vann Sauls , who represented Mr Dunn , stated his client owns this parcel and simply wishes to have it rezoned so he can enlarge his facility He maintained the request is consistent with adjacent properties and represents good planning for the future He requested the Board approve the rezoning Mr Genereux stated the Planning staff and Planning Board recommended approval The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 430 Case 430 Petition to rezone approximately one acre located on Highway 210 in Pleasant Grove Township from AR R40 to General Business Owner Charles Ray Dunn , Applicant S Vann Sauls Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 430 for Charles Ray Dunn , owner , and S Vann Sauls , applicant , of approximately one acre located on Highway 210 in Pleasant Grove Township from AR R40 to General Business The Chairman re - opened the public hearing Case 431 Petition to rezone approximately 900 acres located on Pritchard Road SR 1714 in Wilders Township from AR R40 to Planned Unit Development Owner Jack E Norwood , Applicants Charles Smith , Jr and W R Henderson Mr Genereux indicated the property on the GIS map and noted it is located north of Clayton along the southern edge of the Neuse River near the Wake County line , with two small portions of the property extending into Wake County The Town of Clayton has satellite annexed the subdivision to the south known as Riverwood on the Neuse , and surrounding zoning is AR R - 40 , and R - 30 He pointed out therePage589 are two other Planned Unit Development zonings in the general area Flowers Plantation and Sweetwater Applicant W R Henderson informed the Board he and Mr Smith are proposing a residential golf community with houses ranging from 250,000 to 400,000 They have had traffic , soil , and Neuse River impact studies done , and plan a development that will address all concerns A 300 buffer is proposed along the entire side of the property bordering the Neuse Water will be provided by the Archer’s Lodge Water District , and a sewer system is planned , which will be owned and operated by Heater Utilities Plans are to land apply the treated wastewater as irrigation for the golf course Approximately 300 acres which are not suitable for building will be set aside as open space Commissioner Allen L Mims , Jr voiced concern about traffic on Pritchard Road Mr Henderson responded that Hwy 64 East , which is approximately 4 miles from the property , is scheduled for widening in 2002 ; and that , along with the proposed Raleigh outer loop , should help direct much of the traffic off Pritchard Road He noted the development will take approximately 8 to 10 years to build , and by then the new road systems should be in place He also pointed out the developers plan to reserve buffers for future road expansions and widening projects In response to a comment by Commissioner Mims concerning the possibility in the near future of the Board placing a limit on building permits , Mr Henderson stated that he and Mr Smith recognize the problems with schools and roads in the County and are willing to abide by whatever the Board decides to do However , in his opinion a user tax would be the best way to address these concerns Gaddis Lee , another developer in the area , expressed concern about the possibility of a moratorium or limit on building permits He noted he plans a development across from this property and hopes the Board will not place any hardship on him and other developers Baily P Williamson and his wife Sarah , residents of Raleigh , opposed the rezoning The Williamsons , who own adjacent property in Wake County , stated they felt this development represents intense density that is not compatible with the surrounding rural area They referenced health and safety issues since the development would have only two entrances , making it difficult for emergency vehicles to locate residents They also questioned the impact a development of this size would have on the nutrients in the Neuse River Heather Beard , also of Raleigh , spoke on behalf of the Neuse River Foundation She stated the Foundation opposes this rezoning because of the impact a high density development might have on the Neuse River water quality She commended the developers on their plans to protect the environment , but suggested that pollutants from the golf course and runoff from roads might create problems downstream She asked the Board to direct growth in an environmentally sound way and enhance natural resources such as the Neuse River In response to these concerns , Mr Henderson explained the proposed wastewater system would , in his opinion , be preferable to using Clayton’s sewer system which discharges in the Neuse As for runoff , he noted retention ponds and drainage pipes would be built and all other requirements of the Stormwater Management Ordinance would be followed Mr Genereux stated the Planning staff and Planning Board recommend approval The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 431 Case 431 Petition to rezone approximately 900 acres located on Pritchard Road SR 1714 in Wilders Township from AR R40 to Planned Unit Development Owner Jack E Norwood , Applicants Charles Smith , Jr and W R Henderson Commissioner Thomas M Moore moved the Board approve rezoning case 431 for Jack E Norwood , owner , and Charles Smith , Jr and W R Henderson , applicants , of approximately 900 acres located on Pritchard Road SR 1714 in Wilders Township from AR R40 to Planned Unit Development Commissioner Jerry F Wood seconded the motion PagePage pageNumber5590 Further Discussion Commissioner Allen L Mims , Jr asked if the Board would have a chance to review the final plans for this development When other Board members stated they too would like to see the plans , Mr Genereux noted he would forward the plats for this and all other PUDS to the Commissioners when they are received in the Planning Office so they would have an opportunity to make comments before they are taken to the Planning Board for approval Commissioner Wade M Stewart expressed concern with two large developments , this one and Riverwood , being so close together , and the impact they will have on schools and roads in the area He noted , however , he is pleased to see an upscale community proposed with large acreage set aside for open space Chairman Langdon agreed but noted he is concerned about the impact on the Neuse River even if all the promised precautions are followed Commissioner Thomas M Moore voiced support for this type of quality development and stated , in his opinion , this is what the Board has been saying is needed He noted the developers have done a good job in their extensive preliminary planning Commissioner Eleanor N Creech noted this would be in her district and she is pleased with the amount of open space that would be left undeveloped She voiced some concerns about the schools and traffic , but stated she believes the developers have done well in their planning Commissioner Cookie Pope stated she too is pleased with the open space that is planned , but would like to see the master plans before they are approved Commissioner Thomas M Moore questioned the need for the Board to review these or any subdivision plans since the County has a very capable Planning staff and Planning Board County Engineer Tim Broome pointed out the developers will come under very strict regulations by the State if they are issued a permit for land application of treated water The Chairman called for the vote The motion passed by unanimous decision 3 Public Hearing Rezoning Cases Requested as Special Use Districts The Chairman reopened the public hearing and announced these cases are rezoning requests to a special use district At this portion of the hearing , the only discussion can be the suitability of the zoning designation The special use of the properties should NOT be discussed until the following hearing for special use permits These cases will be heard without interruption Decisions will follow the hearing Case 387 Petition to rezone approximately 1518 acres located on King Mill Road SR 1334 in Elevation Township from AR R40 to Highway Business Special Use District Owners Danny and Melodie Messer The Chairman announced that Case 387 has been withdrawn Case 415 Petition to rezone approximately 147 acres located on Brogden Road SR 1007 in Boon Hill Township from AR R40 to Community Business Special Use District Owner William R Jones Mr Genereux indicated the property on the GIS map and noted it is located on Brogden Road near the Wayne County line The surrounding zoning is AR R - 40 William R Jones , Jr , owner and applicant , asked the Board to approve the rezoning Jane Kornegay Stewart who lives two houses from the property at 11630 Brogden Road , voiced concern about what might be permitted on the property She stated she was not opposed to a small business with restrictions PagePage pageNumber6591 Carroll Wooten , elder of Progressive Church , which is located behind this property , opposed the rezoning stating the church is concerned this will become a junk yard Mr Genereux stated the Planning staff and Planning Board recommended approval of the rezoning There being no further comments , the Chairman closed the public hearing 4 Decision on Rezoning Case 415 Case 415 Petition to rezone approximately 147 acres located on Brogden Road SR 1007 in Boon Hill Township from AR R40 to Community Business Special Use District Owner William R Jones Commissioner Cookie Pope moved the Board approve rezoning case 415 for William R Jones of approximately 147 acres located on Brogden Road SR 1007 in Boon Hill Township from AR R40 to Community Business Special Use District Commissioner Allen L Mims , Jr seconded the motion , which carried by the following vote Ayes Cookie Pope , Allen L Mims , Jr Eleanor N Creech and Thomas M Moore Nays James H Langdon , Jr , Wade M Stewart and Jerry F Wood 5 Public Hearing - Special Use Permit Request Advertised - The Smithfield Herald - August 31 and September 7 , 1999 Certified letters were mailed to adjoining property owners on September 2 , 1999 , and notices were posted at the locations on September 2 , 1999 The Chairman opened the public hearing and explained this is a quasi - judicial hearing at which the Board of Commissioners will hear factual testimony as opposed to opinions concerning the petition for a special use permit Persons wishing to give testimony were sworn in by the Clerk Case 415 Special use permit application for an auto repair shop , impounding cars for state patrol , towing business and an office The property totals approximately 147 acres and is located on Brogden Road SR 1007 in Boon Hill Township Owners William and Katrina Jones Zoning Enforcement Officer , Phyllis Hicks showed photographs of the property William Jones , applicant , stated he has cleaned around the property since the photographs were taken and plans to keep it clean He noted he has submitted an updated site plan to the Planning Department and will abide by it if required , but feels it is too stringent in some areas He stated he would like to use the existing wire fence on the back of his property where there is a hog parlor , and erect 8 privacy fence along the front and sides Carroll Wooten , representing Progressive Church , stated Mr Jones has cleaned up the area some , but there is still some concern that it will become a junk yard He asked the Board to put restrictions on what can and can not be done on this property Jane Kornegay Stewart noted her biggest concern is for the environment , especially with the disposal of motor oil , gas , parts of cars and the storing of gas in containers She also voiced concern about areas conducive to breeding mosquitos and other sanitation problems She asked the Board to place restrictions to protect the environment Mr Jones responded that he plans a family oriented business and will do everyone necessary to be in compliance There being no further comments from the audience , the Chairman addressed the following questions to Mr Genereux concerning Case 415 1 Mr Genereux , was a pre - application conference held by the Planning Department with the applicant on this case Response Yes Sir 2 Did the applicant meet the requirements at that time by providing sketch plans illustrating the location , size and major design elements of the development of the sites Response Yes SirPagePage pageNumber7592 3 Did your department prepare an analysis of the application including conformity with zoning , subdivision , soil erosion and sedimentation , and health regulations Response Yes Sir 4 Did the Planning Board advertise and hold a hearing open to the public ResponseYes Sir 5 Was written certification sent to the adjacent property owners in a timely fashion Response Yes Sir 6 What is the recommendation of the Planning Board The Planning Board recommended approval Chairman Are conditions attached to this case Response Yes Sir The following Conditions were recommended ` Must have approved site plan before rezoning goes to the County Commissioners ` The business will be limited to mechanical work , bodywork , towing and storage of cars for the statutory ninety days It will at no time become a salvage yard or engage in the practice of selling used parts ` The hours of operation , in reference to the mechanical work and the body work will be 7 00 am until 6 00 pm , Monday through Friday On Saturday , the hours of operation will be 7 00 am to 12 pm There will be no work done outside of these hours so as to ensure the compatibility of it with the surrounding residential areas As to the wrecker service , due to the nature of the business , it is in operation twenty - four hours a day and seven days a week However , it should be noted this only entails picking the car up from a designated site and returning to the storage area to unload it There will be a minimal amount of activity surrounding this aspect to the business ` The method of disposal of the stored cars is clearly set out by the North Carolina General Statutes , which Mr Jones follows The car , once towed , is held for a ninety day period He is required to attempt contact with the last registered owner of the car at the end of that period to inform them they must retrieve their car or it will be disposed of immediately If there is no contact or the person fails to retrieve the car , there is a notice published in the local newspaper announcing a public auction That auction will be held inside the fenced in area where the car is located The highest bidder gets the car If there are no bidders on the car , then Mr Jones removes the car and takes it to a local salvage yard where he sells the car as salvage The process ensures that the cars stay on the lot a minimal amount of time and protects the area from becoming over run with stored automobiles Chairman Mr Genereux , please read to this Board the summary of the evidence supporting the Planning Board’s recommendations Response Mr Genereux read the following evidence of support found by the Planning Board on Case 415 1 The proposed use will provide a service to the community 2 If developed as approved the intended use will not harm the community 7 Did you notify the applicant in writing of the Planning Board’s recommendations Response Yes Sir 8 Is the applicant aware that if the Commissioners deny the request that no application can be accepted for the same or a similar use affecting the same property for a period of twelve 12 months Response Yes Sir 9 Is the applicant aware that the right of appeal to the Superior Court must be exercised within thirty 30 days of this date Response Yes Sir 10 Is the applicant aware that the permit will expire at the end of twelve 12 months if it is not used as permitted within that time period Response Yes Sir The Chairman closed the public hearing 6 Decisions On Special Use Permit Requests Case 415 Petition to rezone approximately 147 acres located on Brogden Road SR 1007 in Boon Hill Township from AR R40 to Community Business Special Use District Owner William R Jones Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to William R Jones for an auto repair shop , impounding cars for state patrol ; towing business and an office with the following conditions attached and based on the following findings of fact Conditions 1 Must have approved site plan before rezoning goes to the County Commissioners 2 The business will be limited to mechanical work , bodywork , towing and storage of cars forPagePage pageNumber8593 the statutory ninety days It will at no time become a salvage yard or engage in the practice of selling used parts 3 The hours of operation , in reference to the mechanical work and the body work will be 7 00 am until 6 00 pm , Monday through Friday On Saturday , the hours of operation will be 7 00 am to 12 pm There will be no work done outside of these hours so as to ensure the compatibility of it with the surrounding residential areas As to the wrecker service , due to the nature of the business , it is in operation twenty - four hours a day and seven days a week However , it should be noted this only entails picking the car up from a designated site and returning to the storage area to unload it There will be a minimal amount of activity surrounding this aspect to the business 4 The method of disposal of the stored cars is clearly set out by the North Carolina General Statutes , which Mr Jones follows The car , once towed , is held for a ninety day period He is required to attempt contact with the last registered owner of the car at the end of that period to inform them they must retrieve their car or it will be disposed of immediately If there is no contact or the person fails to retrieve the car , there is a notice published in the local newspaper announcing a public auction That auction will be held inside the fenced in area where the car is located The highest bidder gets the car If there are no bidders on the car , then Mr Jones removes the car and takes it to a local salvage yard where he sells the car as salvage The process ensures that the cars stay on the lot a minimal amount of time and protects the area from becoming over run with stored automobiles Findings of Facts 1 The proposed use will provide a service to the community 2 If developed as approved the intended use will not harm the community 7 Budget Amendments Approved Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board approved the following budget amendments DEPARTMENT - Wilson’s Mills Water District Construction FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 33 86100400 Legal & Professional Fees 8,62400 33 86100406 Technical Services 47,53900 33 86101800 Construction of Project 109,82900 33 86101801 Supplemental Construction 10,28600 33 86101802 Service Meters 2,63000 33 86105597 Interest on Bonds 7300 33 86105599 Easements 1,52500 33 86107406 Construction Contingency 57,53800 TOTAL NET EXPENDITURES 217,32600 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 33 861032507 Transfer from General Fund 23,80500 33 861033704 Sales Tax Reimbursement 11,70300 33 861036169 Tap Fees 10,80000 33 861036119 Sale of Assets 196,53600 33 861037900 Investment Income 22,09200 TOTAL NET REVENUE 217,32600 DEPARTMENT - Clayton Water District Construction FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 31 86000400 Legal & Professional Fees 7,95700 31 86000406 Technical Services 20,05100 31 86001800 Construction of Project 97,04900 31 86001802 Service Meters 4,76800 31 86005597 Interest on Bonds 55,58900 31 86007406 Construction Contingency 196,62700 TOTAL NET EXPENDITURES 76,76500PagePage pageNumber9594 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 31 860033099 Town of Clayton Contribution 49,95400 31 860032507 Transfer from General Fund 308,25000 31 860033704 Sales Tax Reimbursement 56,80100 31 860037900 Investment Income 85,35800 31 860036188 Water Line Upsizing 192,90200 TOTAL NET REVENUE 76,76500 DEPARTMENT - Cleveland Water District Construction FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 32 86050400 Legal & Professional Fees 2,81200 32 86051800 Construction of Project 273,75800 32 86051802 Service Meters 18,36000 32 86054500 Contract Services 46,21800 32 86055597 Interest on Bonds 55,93000 32 86058105 County Connection Fee 456,21800 32 86055599 Easements 1,90000 32 86057406 Construction Contingency 136,27000 TOTAL NET EXPENDITURES 199,13400 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 32 860532507 Transfer from General Fund 413,83100 32 860533990 Fund Balance Appropriated 37,01000 32 860536169 Tap Fees 26,05000 32 860533704 Sales Tax Reimbursement 44,70700 32 860536188 Water Line Upsizing 508,46300 32 860537900 Investment Income 70,75500 TOTAL NET REVENUE 199,13400 8 Presentation of Growth Management Residential Development Allocation System Ordinance Assistant Planning Director , Dave Roesler , introduced a draft Growth Management Residential Development Allocation System Ordinance for the Board’s discussion He stated the Planning Department looked at many ordinances from other states and tried to come up with something that would be simple to administer and be fair to everyone The ordinance would allow developers to apply for an allotment of building permits The Planning Director would review the applications and using a formula calculate how many units would qualify The number of permits that would be permitted in a specific time frame would be determined by the Board of Commissioners Individuals wishing to build a single house on an individual lot would automatically receive one permit per year The ordinance would also allow for growth in the number of permits based on school enrollment projections Commissioner Thomas M Moore stated he was concerned about limiting the number of building permits and noted rationing usually doesn’t work He noted if builders can not get a permit from the County , they will build in the towns and ETJ areas The ordinance , in his opinion , will not accomplish much Attorney Mark Payne stated the ordinance may be challenged , however , he would feel comfortable defending it He noted he does not feel it could be held that it represents regulatory taking as no person is denied a permit indefinitely They may have to wait , but everyone who wishes a permit will receive it in time Commissioner Allen L Mims , Jr complimented the staff and stated he feels the ordinance would help the growth issue County Manager Rick Hester added his appreciation to the staff for putting together this draftPage0595 ordinance in such a short period of time Chairman Langdon stated an ordinance of this type is new territory for the County , however we must keep growth at a level we can manage Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board called for a public hearing on October 11 , 1999 immediately following the rezoning hearings which will begin at 6 00 pm There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Eleanor N Creech seconded the motion , which carried by unanimous vote _______________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage