September 8, 1997 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

September 8, 1997Regular Scheduled Meeting700 p mThe Johnston County Board of Commissioners met in regular session Monday, September 8, 1997,at 700 oclock pm in the Commissioners Room, Johnston County Courthouse Annex, Smithfield, NorthCarolina, with the following membersPresent Norman C Denning, Chairman, James W Cash, Vice Chairman, Jerry F Wood,DDS, Eleanor N Creech, Cookie Pope, Thomas M Moore and James H Langdon, JrAbsent NoneAlso Present Richard B Self, County Manager, and Joyce H Ennis, Clerk to the BoardThe Chairman called the meeting to order and the following business was transacted1 Public Hearing - Rezoning CasesAdvertised - The Smithfield Herald - Aug 26, Sept 2, 1997Certified letters were mailed to adjoiningproperty owners on August 28, 1997, and noticeswere posted at the locations on August 28, 1997The Chairman opened the public hearing and invited anyone who wished to speak on the followingrezoning casesCase 261 Petition to rezone approximately 1067 acres located on Packing Plant Road State road1343 in Smithfield Township from Agricultural Residential 40 to Residential 30Owners RA Howell and Charles B GordonCal Genereux, Planning Director, pointed out the property on the GIS map and noted thesurrounding zoning is ARR -40 The property is located within the Hopewell Pisgah Water DistrictDennis Lee, surveyor with Southwind Surveying and Mapping, represented the owners He offeredto answer any questions the Board might have He stated the owners wish to make the best use of theavailable waterCase 262 Petition to rezone approximately 77 acres located on Covered Bridge Road State road1700 in Wilders Township from Agricultural Residential 40 to Mobile Home ParkDistrict Owners Larry and Kay Boyette627Mr Genereux indicated the property on the GIS map and stated the surrounding zoning is ARR -40The property is located near the Archers Lodge Community with several nearby subdivisions He notedthere are some mobile homes in the vicinity, and one subdivision that was in place prior to zoning that hasboth mobile homes and stick built homes The tract is located in the watershed protection area and onlyone unit per acre would be allowedLinwood Jones with Southwind Surveying and Mapping, spoke on behalf of Mr Mrs BoyetteHe stated the owners do not wish to sell the land, and since farming is not an option, they have decidedto build a nice mobile home park with stringent restrictive covenants that will insure the tenants keep thepark nice in the future They would allow only newer model mobile homes in the Park none older thanthree years when it moves in and would of course be subject to all the County regulations such as pavedstreets, curbs and gutters, street lights, fencing and vegetative buffersAttorney Larry Kristoff, representing developer Fred Smith, suggested, in his opinion, this couldbe illegal spot zoning He also questioned whether the restrictive covenants could and would be enforcedHe pointed out that in any event, the neighbors would have no enforcement authority, only the peoplewithin the park and the park ownersAt the request of the Chairman, Mr Genereux addressed the matter of spot zoning He stated thisis a subjective matter, however usually, cases that are questioned as spot zoning are small acreage wherethe use is arbitrary and there seems to be no benefit for the community He noted that in North Carolina,spot zoning is not illegalStephen Sanderson with Southwind Surveying and Mapping stated the requirements for a mobilehome park are more restrictive than for any other type of subdivision, and the costs is greater for theowner In response to a question about stormwater runoff, he noted the requirements for a mobile homepark are the same as for subdivision development Since the property is in the wetlands, much of this landwill probably not be suitable as lotsGary Shiflett, resident of Cooper Farms Subdivision, opposed the rezoning stating this would seta precedent for other farmers in the area to turn their property into mobile home parksTony and Annette Fiestel, who also reside in Cooper Farms Subdivision, opposed the rezoning andvoiced concern they would lose value in their home Mr Fiestel stated, in his opinion, it makes more senseto develop an area similar to existing developmentKirk Hatch, resident of Green Acres Subdivision in the Archers Lodge Community, stated he haslived in a mobile home at two different times in his life He pointed out, however, that government rulesand regulations have changed, and mobile home park owners no longer have as much control over thechoice of renters as they used to have He voiced concern that the park might start out nice, then changein time to something less desirableTeresa Hyatt who lives across from the property stated she does not want a mobile home park acrossfrom her home She too voiced concern that the park would deteriorate in timeOthers who spoke in opposition to the rezoning were Gary Wilson, Jamie Duckworth, TimBaranska, and Jim McKertcher They voiced concern that the mobile home park would decrease the valueof their propertyCase 263 Petition to rezone approximately 425 acres located at the intersection of NC 210 andLassiter Road State road 1335 in Elevation Township from Agricultural Residential40 to Shopping Center 3 Owners Edsel and James Barbour, JrMr Genereux pointed out the property on the GIS map and noted the surrounding zoning is ARR-40, R -30, and Interstate Highway District Several subdivisions and a mobile home park are located nearthe property Reedy Creek Golf Course is approximately 1 2 miles from the siteJohn Jackson, owner of Reedy Creek Grocery which is located across from the property, spoke infavor of the rezoning He noted this is a prime location for a shopping centerLOY46Case 265 Petition to rezone approximately 3597 acres located on Pearidge Road State road 1542in Pleasant Grove Township from Agricultural Residential 40 to Mobile Home ParkDistrict Owners Larry and Mary StephensonMr Genereux indicated the property on the GIS map and stated the surrounding zoning is ARR -40The parcel crosses into Harnett County and would require rezoning in Harnett County also He noted thereis a small subdivision nearbyProperty owner, Larry Stephenson, stated he has had tenant farmers on the property, however, theincome is no longer sufficient He wishes to build a mobile home park on the tract Water would beavailable from Harnett County He noted he plans even more stringent regulations than called for in theordinance He stressed there are many mobile homes in the areaGlenda Johnson, property owner that is currently remodeling her home in the area, spoke on behalfof her family members who live in the neighborhood Ms Johnson stated they are concerned about theadditional traffic that would be generated by this type of dense development She noted that most of themobile homes in the area are on privately owned property, and therefore seem to have a greatercommitment to the neighborhood She voiced particular concern about the type of people Mr Stephensonwould have in the park, based on the undesirable tenants he has had living on the propertyAshley Gillam, adjacent property owner, objected to the rezoning, as did Roger Dupree, who hasa farm near the site Both remarked on past history of undesirable tenants that Mr Stephenson had andvoiced concern this would be repeated in the mobile home park Mr Dupree stated he was concerned thathis property value would decrease Dwight Tripp and Russell Partin who also live in the area opposed therezoning and voiced the same concernsThere being no further comments, the Chairman closed the public hearing2 Decisions on Rezoning CasesCase 261 Petition to rezone approximately 1067 acres located on Packing Plant Road State road1343 in Smithfield Township from Agricultural Residential 40 to Residential 30Owners RA Howell and Charles B GordonUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board approved rezoning case 261 for RA Howell and Charles BGordon of 1067 acres on Packing Plant Road in Smithfield from ARR -40 to R -30Case 262 Petition to rezone approximately 77 acres located on Covered Bridge Road State road1700 in Wilders Township from Agricultural Residential 40 to Mobile Home ParkDistrict Owners Larry and Kay BoyetteCommissioner Thomas M Moore moved the Board approve rezoning case 262 for Larry and KayBoyette of 77 acres on Covered Bridge Road in Wilders Township from ARR -40 to Mobile Home ParkDistrict Commissioner Jerry F Wood seconded the motion, which carried by the following voteAyes Norman C Denning, James W Cash, Jerry F Wood, Thomas M Moore, Eleanor NCreechNo Cookie Pope, James H Langdon, JrCase 263 Petition to rezone approximately 425 acres located at the intersection of NC 210 andLassiter Road State road 1335 in Elevation Township from Agricultural Residential40 to Shopping Center 3 Owners Edsel and James Barbour, JrUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Thomas M Moore andcarried by unanimous vote, the Board approved rezoning case 263 for Edsel and James Barbour, Jr of425 acres at the intersection of NC 210 and Lassiter Road in Elevation Township from ARR -40 toShopping Center 3629Case 265 Petition to rezone approximately 3597 acres located on Pearidge Road State road 1542in Pleasant Grove Township from Agricultural Residential 40 to Mobile Home ParkDistrict Owners Larry and Mary StephensonCommissioner Thomas M Moore moved the Board approve rezoning case 265 for Larry and MaryStephenson for 3597 acres on Pearidge Road in Pleasant Grove Township from ARR -40 to Mobile HomePark District Commissioner Jerry F Wood seconded the motion, which carried by the following voteAyes Norman C Denning, Thomas M Moore, James W Cash, Jerry F WoodNo Eleanor N Creech, James H Langdon, Jr and Cookie Pope3 Public Hearing - Proposed Amendment to Zoning Ordinance - Zoning MapsThe Chairman opened the public hearing and stated the purpose of the hearing is to obtain citizeninput on a proposed amendment to the Johnston County Zoning Ordinance The amendment would correctthe Johnston County Zoning Maps, specifically the zoning designation of a 42 acre lot owned by JeanMassengill, located at the intersection of US 701 North and Stricklands CrossroadsCal Genereux explained that when the County adopted zoning, all existing businesses were supposedto be noted and properly zoned on the official Johnston County Zoning Map, which is incorporated in theZoning Ordinance In this particular case, the proper category was not noted as it should have been Thisamendment would correct this zoning designation to General Business IThere being no further comments, the Chairman closed the public hearing4 Correction of Zoning Map - Zoning DesignationCommissioner Cookie Pope moved the Board approve the following amendment to the JohnstonCounty Zoning OrdinanceAmendment to the Johnston County Zoning Map of zoning designation of a 42acre lot owned by Jean Massengill, located at the intersection of US 701 Northand Stricklands Crossroads to General Business ICommissioner Thomas M Moore seconded the motion, which carried by unanimous vote5 Board to Attend Planning Board MeetingCal Genereux updated the Board on what has been happening in the Planning Department He invitedthe Commissioners to attend the Planning Board meeting on Tuesday evening, September 16, 1997, at 600pm to hear a presentation by Benchmark Systems Consulting Group Benchmark has experience inwriting comprehensive land use plans and will discuss the differences between this and regular zoningThere being no further business, Commissioner Thomas M Moore moved the Board recess until 600pm on Tuesday, September 16, 1997 Commissioner Cookie Pope seconded the motion, which carriedby unanimous voteNorman C Denning, ChairmanJoyce K Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 35436 PMCreated3272003 105927 AMTemplateMinutesFieldsMinutes - TypeZoningMinutes - Date981997Book20