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HomeMy WebLinkAboutBOC Minutesit could be turned over so all board members have the right to vote. Mrs. Jones also said that Hitler never broke the law but he got someone else to break the law for him. She said there has been so much ugly done in this board room and at the State that she is ashamed to say she is a North Carolinian. Pastor Felton Smith, from the Riverside Community, said politicians are not doing what they are supposed to do; they are not going to change their minds so it is time for citizens of this county and the state to get into the communities and educate the people about the tyrants in office now. Pastor Smith said people need to get involved as it is our right to be righteously represented and the people have the power. There were no appointments. Mark Locklear, Director ofPlanning Services, petitioned the board for a public hearing on a proposed zoning change: Landowner/Applicant: Linda Marie Natole; 1.0 +/- acres; From RA - 20R to Commercial Intersection of Elliott Bridge Road and Bethel Baptist Road; Anderson Creek Township. Mr. Locklear noted the site is currently occupied by a building that has served many different uses and surrounding land uses include vacant farmland, low density residential, and a convenient store. Services available are public water and a private septic tank on site for the current structure. Mr. Locklear noted this all came about due to an existing violation of the U.D.O. for this property since a private club was being operated out of the existing structure but asked commissioners to please keep that separate as it is still being investigated and shouldn't be considered for this case tonight. Mr. Locklear reported that the Harnett County Planning Board, at their June 2, 2014 meeting, voted unanimously to recommend approval of this rezoning application based on the existing zoning compatibility to the surrounding properties. At the initial May meeting; when the applicant requested that the remainder of the hearing & vote be tabled until June 2 because there were only 3 members present, there were a few citizens that spoke in opposition, but their issues were related to the illegal business and not the actual rezoning of the land. Mr. Locklear stated if this rezoning application is approved, any business would be required to go through the development review process in order to become compliant. Mr. Locklear reported staff evaluation as: The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The impact to the surrounding community is reasonable, as the requested zoning district is similar in nature to neighboring zoning. The requested zoning district is NOT COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to Commercial is not compatible with the Land Use Classification Medium Density Residential. Medium Density Residential is meant to encourage stick built and manufactured residential development. However, since this parcel has sufficient access to 2 roads, as well as its location to existing commercially zoned property, staff would recommend that during a Land Use Plan update this area be revised to comply with existing uses. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to Commercial would maintain the June 16, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 12 public health, safety and general welfare due to the existing commercial growth pattern in the area. This request is NOT for a SMALL SCALE REZONING and should not be evaluated for reasonableness. REASONING: The proposed rezoning to Commercial is adjacent to Commercial zoned land and thus the application does not need to be considered a Small Scale Rezoning. Suggested Statement-of-Consistency: Staff concludes that the requested rezoning to Commercial is compatible with neighboring zoning districts and would not have an unreasonable impact on the surrounding community and will enhance the public health, safety, and general welfare for the reasons stated in the evaluation. It is recommended that this rezoning request be approved. Mr. Locklear noted the applicant was present. Commissioners asked what the property was going to be. Mr. Locklear said it would be best to ask the applicant but right now it is being investigated as a private club but was previously a repair shop. Mr. Locklear said ifthe rezoning is approved then it would be permitted by right for any use for commercial that is approved and permitted in commercial zoning. Mr. Locklear said if the property stayed as currently zoned, RA-20R, then uses as a private club or motorcycle repair shop could be obtained through a conditional use permit. Mr. Locklear said any commercial business in Harnett County goes through the Development Review Board (DRP) which is a board of county staff that looks at all the different issues they may have pertaining to their departments. He clarified that the applicant must still go through the permitting process for a conditional use application. He believes the intention of the owner in obtaining commercial zoning is to be able to move anything she would like on the site going forward. Mr. Locklear said the site was previously grandfathered in as a repair center but once the uses changed they must become compliant. Chairman Miller called to order a public hearing on the matter and opened the meeting forcommentsfromthepublic. Linda Natole, the applicant, spoke in favor of the rezoning. She said she plans to leave the property as is which she believes is currently a motorcycle repair shop. She reported the concertina wire on the fence has been removed. She said people were previously prepared to refute complaints of late night motorcycles associated with her property up and down the road at all hours but it was not her intention to allow such. Seeing no one else move, Chairman Miller closed the public hearing. Commissioner Hill moved to approve the rezoning as presented. Commissioners requested additional public comment. Vice Chairman House moved to reopen the public hearing. Commissioner Hill seconded the motion and the meeting was once again open for comments from the public regarding this rezoning. Barbara Mills, 408 Mills House Lane, said she does not have a problem with the property being rezoned but she does have a problem with what it's being used for now. Mrs. Mills said she doesn't believe it is a motorcycle repair shop. She said activity there has significantly diminished since three weeks ago but prior to that the motorcycles went up and down the road spooking their horses, bothering their dogs and waking everyone up. She said there have been parties where cars line either side of the road and you could barely drive one car down the road. Mrs. Mills said it's not a problem with the property being zoned commercial, which she understands that is what this hearing is about, but June 16, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 12 with the use after that. She said the property is not big enough to run a motorcycle club out of. She said the existing fence is still not presentable. Mrs. Mills responded that everyone she has talked to is not happy with the current use. Adam Repsik of 150 Boats Lane said he is a member of the motorcycle club being questioned and wanted to address some of the concerns they may have. He said the party that was mentioned was in March and was initially planned for approximately 20 to 30 people however approximately 250 to 300 people showed up unplanned. He said as far as motorcycles going up and down that road, he said he as seen many different people riding that road at all hours of the night not wearing their club stuff. He said they have not received any complaints, no one has talked to them and the Sheriff's Office has not been out there. He said they wear club stuff in plain view and are law-abiding in every way. He asked that people talk to them, tell them ifthey are doing something wrong or not doing something. Mr. Repsik responded that they are a motorcycle club, who currently occupies that building, and who also services their bikes. He said they also use the property to have parties which are open to the public with no membership requirement or fee. He said one ofthe times people complained that they were zooming up and down the road all night that his entire chapter was 150 miles away at a fundraiser. Mr. Repsik said they do allow alcohol on premises for people 21 years of age and over. Vice Chairman House said this property is in his district and this particular building is an eyesore; the fence looks bad and he has always wondered what was behind the razor wire and is glad it has been removed. He said has gotten some complaints about motorcycles on Bethel Baptist Road at 1:00 am and 2:00 am in the morning. He asked how Mrs. Mills how frequent this happens which she said prior to three weeks ago probably 4 to 5 times a week. Vice Chairman House said what has been described does not sound like a business but a hobby of fixing their own motorcycles. Mr. Repsik said it has potential to become a business and they arestillworkingonthedetails. Mr. Locklear reported that a club is a use that is permitted under the commercial zoningdistrictedandispermittedasaconditionaluseunderthecurrentzoningdistrict. Mr. Locklear remind the Board the need to consider all uses that are allowed in the commercial category and cautioned them to move away from their current line of questioning. He did respond that if the rezoning was left as is the group could apply to the Board of Adjustment for a Conditional Use Permit to have a club there. Paul Long said there is a lot of laws that can control what's going on there. He said there isn't a day or night that motorcycles don't cause his cows to run. He said the same thing goes for people playing boom boxes in their car that wake you up at night. Mr. Long told commissioners that weren't elect to tell us how to live. He said ifthere is a regulatory situation here they can deal with it as is or they can deal with it rezoned. Mr. Long said he is for the tax -payer property owner to have the freedom to prosper from their land. Lisa Natole asked Commissioner House if he knew what that property looked like before she got it. When questioned about the razor -wire fencing, Mrs. Natole said her and her husband could not run a business from that property because they were broken into 20 times and said the Sheriff's Office could verify this. She said the fence may not be pretty but is very necessary. June 16, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 9 of 12 Seeing no one else move, Chairman Miller closed the public hearing. Commissioner Hill restated her motion to approve the rezoning as presented. Chairman Miller seconded the motion which failed 2 to 3. The group considered approval to amended offer of employment to Tommy R. Burns, County Manager. The amendment provides that if Mr. Burns' employment with County of Harnett is terminated by County of Harnett for any reason other than conviction of a felony or misdemeanor involving moral turpitude (including perjury), he will receive a minimum severance payment equal to (3) months gross salary to include accrued benefits. This severance payment will extend by one month per year of continuous service from the original date of hire, not to exceed a maximum of six months. All other terms of Mr. Burns' offer of employment remain the same, are ratified, and are in full effect. Commissioner Springle requested clarification of the additional wording included in the amended offer of employment as the group had only discussed severance. Mr. Burns said the additional wording should have actually been included in the original offer. Commissioner Springle moved to approve the amended offer of employment to County Manager Tommy R. Burns as presented. Commissioner Burgin seconded the motion which passed unanimously. Mark Locklear, Director of Planning Services, petitioned the board for a public hearing on a proposed zoning change: Landowner/Applicant: Willie Brinkley, Sam Brinkley, Katherleen B. Thomas & Heirs/Spout Springs Retail Investment, LLC; 47.91 +/- acres; From RA -20R to Commercial; Hwy 24/87; Anderson Creek Township. Mr. Locklear noted the site is currentlyvacant, except for a residential structure located on Parcel #1 — the parcels are across from Brinkley Hill Lane. Surrounding land uses are single family residential homes & residential subdivision, a variety of commercial development in close proximity, as well as undeveloped land. Mr. Locklear noted services available for the site are public water and public sewer with an annual daily traffic count of 34,000 trips per day on the Hwy 87 corridor with good site distances. As required for all zoning changes within a five mile radius of Fort Bragg, the Regional Land Use Advisory Commission was contacted. Mr. Locklear reported that the Harnett County Planning Board, at their June 2, 2014 meeting, voted unanimously to recommend approval of this rezoning application based on the existing zoning compatibility to the surrounding properties. Mr. Locklear also noted the applicants were present. Mr. Locklear reported staff evaluation as: The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: In the vicinity of the subject property, non- residential development has continued at a steady pace. The requested zoning change to Commercial will not have a negative impact on the surrounding properties or the community as it is similar in nature to certain existing zoning districts in the area. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning is compatible with the existing Land Use Classification of Compact Mixed Use. The Compact Mixed Use June 16, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 10 of 12