Smithfield
Town Council report from February 21 session |
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Council members present: David Barbour, John Dunn, Stephen Rabil, Travis Scott, David Stevens, and Mayor Andy Moore
Absent: Emery Ashley and Marlon Lee
Council
wants to change the process
for
land-use zoning and permit hearings
During a special session last Thursday evening, the Smithfield Town Council asked the town's planning staff to draft new rules that would eliminate "quasi-judicial" hearings on land-use matters coming before the council. At the same time, such hearings would continue to be held by the town's Planning Board prior to less restrictive public hearings before the council.
Those instructions to staff came during a public hearing on proposed revisions to the town's Unified Development Ordinance. Mark Lane, vice chair of the town's Planning Board, said members of his board prefer maintaining the current practice of quasi-judicial hearings where factual evidence must be presented.
Town Attorney Bob Spence Jr. reported that a growing number of municipalities across North Carolina are moving away from judicial-type hearings because they tend to favor developers with legal expertise at their disposal over citizens and neighborhood groups who usually can't afford to hire lawyers to help them.
Council members embraced that trend. "We care about our citizens," declared Councilman Barbour.
In the end, consensus of the council was to instruct staff to re-write the town's rules to continue quasi-judicial hearings before the Planning Board but allow final public hearings before the Town Council to be less formal. Mayor Moore said citizens would get "a fairer shake" under that process.
Councilman Scott asked that the revised ordinance be clearer about requiring public notice, especially to folks in affected neighborhoods, prior to Planning Board hearings, as well as hearings before the council. "We've got to notify the public --- as early as possible," he insisted.
Apparently weighing on the minds of council members is a lawsuit resulting from the council's denial in 2017 of a rezoning request for a large RV park off Venture Drive near the Pine Acres neighborhood. The petitioner sued to have the council's decision overturned because opponents did not present "expert" witnesses during a quasi-judicial hearing before the council prior to its vote against the project.
A Superior Court judge last year ruled in favor of the petitioner, but the town has appealed that decision and the case remains unresolved.
Historic Preservation
Commission?
A second public hearing at last Thursday's special session addressed proposed changes to rules governing jurisdiction of the town's Historic Properties Commission. Planning Director Stephen Wensman said those rules were inadvertently left out of the Unified Development Ordinance some years ago and need to be added.
Mr. Wensman also recommended that the advisory board be renamed as the Historic Preservation Commission to reflect its role more accurately.
The commission oversees structural modifications affecting 30 commercial properties in Downtown Smithfield. Council members instructed the planning staff to notify owners of those properties about the proposed ordinance changes before they are brought back to the council for approval.
Council considers a policy
on annexation
Planning Director Wensman presented a suggested policy on future annexations of properties lying outside the town's corporate limits. Council members backed away from one proposal in particular that would have required subdivision plats to be consistent with existing Town of Smithfield rules under its Unified Development Ordinance.
Council members noted that a subdivision approved for annexation last month doesn't meet such a requirement. (That subdivision's plat had been previously approved by the County of Johnston under its rules of development that differ from the town's regulations.)
The council deferred adopting any of the proposed annexation policy's points pending further review.