November 5, 2012 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 151 Meeting of the Johnston County Board of Commissioners November 5 , 2012 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , November 5 , 2012 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Allen L Mims , Jr , Vice Chairman Jeffrey P Carver , Cookie Pope , Wade M Stewart , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , and County Attorney David F Mills Chairman Allen L Mims , Jr called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment A Citizens Concerns – Volunteer Program at the Johnston County Animal Shelter Tammy Godusi , 492 Kintyre Drive , Clayton , and Leslie Smith , 415 Broadmoor Way , Clayton , North Carolina addressed the Board regarding establishing a volunteer program at the Johnston County Animal Shelter Ms Godusi and Ms Smith both expressed their willingness to help develop and maintain a volunteer program and noted they have met with the County Manager and the Director of Animal Services on the need to create a volunteer program ; however , they expressed their concerns as to the amount of time it is taking to get a program in place Ms Godusi reported that she and Ms Smith were allowed to volunteer at the shelter on two occasions and they feel the shelter is in need of assistance in many ways She stated they have been working on trying to help develop a volunteer program for the past nine months , but there are still no volunteers Ms Godusi stated that in the past two weeks , they have received over 350 signatures from people who agree that the community should be allowed to volunteer as well as the County should discontinue the use of gas chamber euthanizations at the shelter Ms Godusi stated she volunteers at the Wake County Animal Shelter and she spoke on Wake County’s program Ms Godusi also spoke on her concerns with the spay and neuter policy at the Johnston County Animal Shelter Ms Godusi reiterated the need for a volunteer program in Johnston County and asked the Board for guidance Ms Smith stated that she and Ms Godusi live in Johnston County and want to give back to their community She reported they have both volunteered at the Wake County Animal Shelter to become more familiar with the operations of an animal shelter and to learn what is needed Ms Smith stated the need is present for a volunteer program in Johnston County and she expressed their willingness to help Chairman Allen L Mims , Jr stated he does not believe that anyone is against a volunteer program at the Animal Shelter , but he thought the initiative was put on hold due to staffing issues at the shelter Chairman Mims noted that regarding the spay and neuter program , it is his understanding that when someone adopts an animal from the shelter , that person must sign a contract agreeing to have the animal spayed or neutered within a certain time limit He noted that SNAP visits the Animal Shelter on a regular basis to offer the service Chairman Mims stated regarding the gas chamber euthanizations , the County has been working through the licensing process to implement injections and he spoke on how long that process has been going on Ms Smith spoke on the benefits of a regularly scheduled volunteer program and how volunteers can work with the animals on a regular basis to give them more exposure for future adoption Ms Smith and Ms Godusi reiterated their request to help implement a volunteer program in the County Virginia Edery and Myriam Edery , 3276 Crantock Road , Smithfield , North Carolina , also addressed the Board and voiced their support for a volunteer program at the Johnston County Animal Shelter and the need to increase adoptions Page152 November 5 , 2012 – 6 00 pm Continued Following further discussion , Chairman Allen L Mims , Jr stated staff would work with the County Attorney to come up with guidelines for volunteering at the Animal Shelter and then share those guidelines with the Board for review 2 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – October 24 and 31 , 2012 Certified letters were mailed to adjoining property owners on October 22 , 2012 Notices were posted at the locations on September 4 , 2012 for Cases 12 - 17 , 12 - 18 , 12 - 19 , and 12 - 20 The Chairman opened the Rezoning Hearing for Case 12 - 17 Case 12 - 17 Petition to rezone a 2752 acre tract located at 1700 Creech Church Road in O’Neals Township from Community Business - Special Use District CB - SUD and General Business - Special Use District GB - SUD to Agricultural Residential AR Tax ID 11N04043 Owner Applicant Timothy Ray Reid and Tammy Lynn Reid Planning Director Berry Gray stated the petition is to rezone a 2752 acre tract located at 1700 Creech Church Road in O’Neals Township from Community Business - Special Use District and General Business - Special Use District to Agricultural Residential Mr Gray reported the property was rezoned a few years ago for the Johnston United Soccer Association JUSA who planned to build soccer fields on the property He stated JUSA never built the soccer fields and has since sold the property to the applicants Mr Gray reported the new owners would like to build a home on the property The area is located within a designated “ Agricultural Rural Conservations Area ” in the Comprehensive Land Use Plan which denotes areas of low levels of growth pressures anticipated over the next 20 years and should be considered for rural conservation and agricultural preservation programs Applicant Timothy Reid , 3404 Queen Ann Drive , Clayton , stated they would like to build a residence on the site Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 12 - 17 Decision on Rezoning Case 12 - 17 Case 12 - 17 Petition to rezone a 2752 acre tract located at 1700 Creech Church Road in O’Neals Township from Community Business - Special Use District CB - SUD and General Business - Special Use District GB - SUD to Agricultural Residential AR Tax ID 11N04043 Owner Applicant Timothy Ray Reid and Tammy Lynn Reid Commissioner Tony Braswell moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the public interest , and further that the petition for rezoning case 12 - 17 to rezone a 2752 acre tract located at 1700 Creech Church Road in O’Neals Township from Community Business - Special Use District and General Business - Special Use District to Agricultural Residential be approved Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 12 - 18 Case 12 - 18 Petition to rezone 416 acres located on Old Fairground Road in Pleasant Grove Township from General Business - Special Use District GB - SUD to Agricultural Residential AR Tax ID 13D02014 Owner Applicant James Andrew Honeycutt , Jr Planning Director Berry Gray stated the petition is to rezone 416 acres located on Old Fairground Road in Pleasant Grove Township from General Business - Special Use District to Agricultural Residential Mr Gray reported the subject site was rezoned several years ago as part of other surrounding property to be developed for a small commercial business park ; however , the subject site that fronts Old Fairground Road was never included in the actual commercial park use Mr Gray stated the applicant intends to use the subject site for residential purposes The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally , this site is located within a “ Community Centers ” activity node Page153 November 5 , 2012 – 6 00 pm Continued Lanny Clifton , 2701 Polenta Road , Clayton , spoke on behalf of the applicant Mr Clifton stated he sold the property to the applicant and could answer any questions from the Board Commissioner DeVan Barbour reported that at the Planning Board meeting , the applicant was present and spoke on his plans to build a house on the property Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 12 - 18 Decision on Rezoning Case 12 - 18 Case 12 - 18 Petition to rezone 416 acres located on Old Fairground Road in Pleasant Grove Township from General Business - Special Use District GB - SUD to Agricultural Residential AR Tax ID 13D02014 Owner Applicant James Andrew Honeycutt , Jr Commissioner Cookie Pope moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the public interest , and further that the petition for rezoning case 12 - 18 to rezone 416 acres located on Old Fairground Road in Pleasant Grove Township from General Business - Special Use District to Agricultural Residential be approved Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 12 - 19 Case 12 - 19 Petition to rezone a 17157 acre tract and 1 acre out of a 20035 acre tract located at 305 Calm Court in Pleasant Grove Township from Mobile Home Park District MHPD to Agricultural Residential AR Tax ID 13M99005L , 13D03026E part Owner South Breeze Rental , Inc Applicant Lanny K Clifton Planning Director Berry Gray stated the petition is to rezone a 17157 acre tract and 1 acre out of a 20035 acre tract located at 305 Calm Court in Pleasant Grove Township from Mobile Home Park District to Agricultural Residential Mr Gray reported the applicant no longer intends to operate the Mobile Home Park and plans to develop the property into a residential subdivision with lots for sale versus rental property The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally , this site is located within a “ Community Centers ” activity node Applicant Lanny Clifton , 2701 Polenta Road , Clayton , stated he plans to have 27 residential lots and construct homes approximately 2,000 sqft in size He reported most of the mobile homes have already been removed from the property Warren Troy , 130 Oak Fern Lane , Willow Spring , stated he lives directly behind the subject site Mr Troy expressed his concerns regarding drainage from the site running onto his property during the development of the subdivision Mr Troy explained that during rainstorms water from the property runs down into the ditch on his property causing flooding Mr Troy pointed out his property on a map for the Board Chairman Allen L Mims , Jr stated that when Mr Clifton develops the subdivision , he will have to work with the County’s Stormwater Administrator on the subdivision plans At the inquiry of Chairman Mims , Mr Gray noted the drainage ditch is a blue - line stream Mr Gray stated the County will require a stormwater management plan and the Stormwater Administrator will review the plan to ensure that runoff will be directed in a way so as not to adversely affect offsite properties He stated there may be some problems now , but any new development will have to meet new ordinances Mr Troy asked when the residential subdivision would begin Mr Clifton stated he plans to begin development immediately Commissioner DeVan Barbour asked Mr Gray to contact Stormwater Administrator Jamie Guerrero and have him look into the situation on Mr Troy’s property Page154 November 5 , 2012 – 6 00 pm Continued Commissioner Wade M Stewart agreed with Commissioner Barbour and stated that regardless of Mr Clifton’s project , Mr Troy has a problem on his property that should be looked into Dennis Blackmon , Dennis Ray Blackmon Engineering , stated his company is working with Mr Clifton on the residential development and they will work with the Stormwater Administrator to comply with the County’s regulations Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 12 - 19 Decision on Rezoning Case 12 - 19 Case 12 - 19 Petition to rezone a 17157 acre tract and 1 acre out of a 20035 acre tract located at 305 Calm Court in Pleasant Grove Township from Mobile Home Park District MHPD to Agricultural Residential AR Tax ID 13M99005L , 13D03026E part Owner South Breeze Rental , Inc Applicant Lanny K Clifton Commissioner DeVan Barbour moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the public interest , and further that the petition for rezoning case 12 - 19 to rezone a 17157 acre tract and 1 acre out of a 20035 acre tract located at 305 Calm Court in Pleasant Grove Township from Mobile Home Park District to Agricultural Residential be approved Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 12 - 20 Case 12 - 20 Petition to rezone 512 acres located on Cleveland Road in Cleveland Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 06E02028C Owner Applicant Micro Investments , LLC Chairman Allen L Mims , Jr accepted a request by Commissioner Cookie Pope to abstain from voting and discussion on Case 12 - 20 Planning Director Berry Gray stated the petition is to rezone 512 acres located on Cleveland Road in Cleveland Township from Agricultural Residential to General Business - Special Use District He reported the property is currently vacant Mr Gray stated surrounding zonings include General Business – Special Use District currently being used for a gas station with car wash , veterinary hospital and one parcel that is currently vacant ; General Business and used for a car care store , day care , mini storage , indoor play for kids , gas station with car wash , and produce and nursery sales ; Agricultural Residential and used for such purposes ; Community Business – Special Use District and currently used for a day care ; and Office Institutional and currently vacant The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally , this site is located within a “ Community Centers ” activity node George Mast , 1119 Swift Creek Drive , Clayton , North Carolina , Attorney for the Applicant , stated his client is requesting the rezoning so they can either open their own business or sell the property to another party Mr Mast noted the applicant originally requested General Business ; however , agreed to General Business – Special Use District to satisfy the concerns of area residents at the Planning Board meeting He offered to answer any questions Milton McCauly , representing the Shiloh Baptist Church , stated the Church is located near the subject site as well as a daycare is located nearby Mr McCauly expressed the Church’s concerns over the types of businesses that could locate on the property Mr Gray reported the Planning Board recommended approval Chairman Allen L Mims , Jr noted if the rezoning is approved , the applicant will have two years in which to come back and request approval on a specific special use permit At the inquiry of Commissioner Tony Braswell , Mr Gray reported that uses such as adult establishments and chemical or hazardous storage facilities would not be allowed He stated uses such as gasPagePage pageNumber5155 November 5 , 2012 – 6 00 pm Continued stations and restaurants would be allowed Mr Gray stated according to the County’s current ordinance , internet sweepstakes cafes would not be allowed on the subject site based on distance restrictions There being no further comments , the Chairman closed the Rezoning Hearing for Case 12 - 20 Decision on Rezoning Case 12 - 20 Case 12 - 20 Petition to rezone 512 acres located on Cleveland Road in Cleveland Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 06E02028C Owner Applicant Micro Investments , LLC Commissioner Wade M Stewart moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the public interest , and further that the petition for rezoning case 12 - 20 to rezone 512 acres located on Cleveland Road in Cleveland Township from Agricultural Residential to General Business - Special Use District be approved Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote with Commissioner Cookie Pope abstaining 3 Manager Reports and Comments None 4 Board Reports and Comments None 5 NC Stop Torture Now Quaker House Allyson Caison , 312 N Massey Street , Selma , North Carolina , addressed the Board and expressed her reasons for continuing her work with NC Stop Torture Now Ms Caison read an e - mail to the Board from Khadija Anna L Pighizzini regarding her husband , Kassim’s , detainment and how it has affected their lives and asked to submit the e - mail for public record E - mail submitted by Ms Caison follows Chuck Fager , 223 Hillside Avenue , Fayetteville , North Carolina , provided the Board with a written summary of recent events that his organization believes indicates the accountability of those who kidnap and abuse detainees domestically and internationally PagePage pageNumber6156 November 5 , 2012 – 6 00 pm Continued There being no further business , Commissioner Tony Braswell moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The meeting adjourned at 7 10 pm Allen L Mims , Jr , Chairman Paula G Woodard , Clerk to the BoardPage