January 7, 2013 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 274 Meeting of the Johnston County Board of Commissioners January 7 , 2013 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , January 7 , 2013 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Vice Chairman Tony Braswell , Cookie Pope , Allen L Mims , Jr , DeVan Barbour , and Ted G Godwin Absent Wade M Stewart Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney David F Mills , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Jeffrey P Carver called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment A Quaker House Steve Newsom , 223 Hillside Avenue , Fayetteville , North Carolina , addressed the Board and stated he is the new Director for Quaker House since the retirement of former Director Charles Fager Mr Newsom stated he will be continuing to monitor the activities of Aero Contractors at the Johnston County Airport and attending future Board meetings to express his opinions on extraordinary rendition and torture Lynn Newsom , 223 Hillside Avenue , Fayetteville , North Carolina , informed the Board that she is the Co - Director for Quaker House Ms Newsome briefly shared her background with the Board and her concerns on extraordinary rendition and torture B Tax Revaluation Concerns from Dale Thompson Dale Thompson , 4542 Stevens Sausage Road , Smithfield , North Carolina , expressed his concerns to the Board regarding the 2011 Tax Revaluation Mr Thompson briefly described his situation regarding property he owns that has a cell tower Mr Thompson stated he appealed the value of the property to the Board of Equalization and Review as well as the Property Tax Commission and now the matter will go to the Court of Appeals Mr Thompson expressed his disappointment in the revaluation and appeal process The Board briefly discussed the matter with Mr Thompson County Attorney David Mills stated the Property Tax Commission ruled in favor of the County on the appeal and Mr Thompson has elected to take the matter to the Court of Appeals Chairman Jeffrey P Carver commented that the matter is now in the hands of the Court of Appeals ; however , he noted that he is not familiar with Mr Thompson’s concerns and asked staff to provide the Board with more information 2 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – December 26 , 2012 and January 2 , 2013 Certified letters were mailed to adjoining property owners on December 20 , 2012 A notice was posted at the location on November 5 , 2012 for Case 12 - 23 The Chairman opened the Rezoning Hearing for Case 12 - 23 Case 12 - 23 Petition to rezone 046 acres of a 2713 acre tract located at 8515 Strickland’s Crossroads Road SR 1143 in Banner Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 01G12007B Owner Joel Allen Adams Applicant Casey Allen Adams Planning Director Berry Gray stated the petition is to rezone 046 acres of a 2713 acre tract located at 8515 Strickland’s Crossroads Road in Banner Township from Agricultural Residential to General Business -Page275 January 7 , 2013 – 6 00 pm Continued Special Use District He noted the special use request associated with the rezoning Mr Gray reported the existing land use as well as surrounding land uses are zoned Agricultural Residential and used for such purposes Mr Gray stated there is an existing building on the site that the applicant would like to utilize for the business He stated other surrounding land uses include a salvage yard nearby as well as General Business but currently vacant approximately one - third of a mile away The area is located within a designated Agricultural Rural Conservation Area which denotes areas of low levels of growth pressures anticipated over the next 20 years Mr Gray stated the applicant would add a small shelter to the existing building if the rezoning is approved Applicant Casey Allen Adams , 8515 Strickland’s Crossroads Road , stated he has been working on off - road vehicles since 2006 and would like to operate a repair business Commissioner Allen L Mims , Jr asked Mr Adams if he has already been operating the business in the existing building Mr Adams responded that they began constructing the building last summer and he has not been operating the business yet Mr Gray stated the rezoning did not come in to the Planning Department as a complaint or violation Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman closed the Rezoning Hearing for Case 12 - 23 Decision on Rezoning Case 12 - 23 Case 12 - 23 Petition to rezone 046 acres of a 2713 acre tract located at 8515 Strickland’s Crossroads Road SR 1143 in Banner Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 01G12007B Owner Joel Allen Adams Applicant Casey Allen Adams 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 - 23 to rezone 046 acres of a 2713 acre tract located at 8515 Strickland’s Crossroads Road in Banner Township from Agricultural Residential to General Business - Special Use District be approved Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 12 - 23 Case 12 - 23 To allow for the operation of motorcycle , ATV , and small engine repair Owner Joel Allen Adams Applicant Casey Allen Adams Those wishing to speak on Special Use Case 12 - 23 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for the operation of motorcycle , ATV , and small engine repair Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 12 - 23 on October 8 , 2012 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements Page276 January 7 , 2013 – 6 00 pm Continued • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On November 20 , 2012 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 12 - 23 and made the following recommendations Upon a motion by Mr Letchworth for approval of the rezoning , seconded by Mr DeLaine , carried by a unanimous th vote of 7 - 0 , the Planning Board recommended approval of Rezoning Case 12 - 23 at the November 20 , 2012 Planning Board Meeting Statement This request is consistent with the Comprehensive Land Use Plan in that the use can be limited in scope through the use of special conditions to blend in with a rural , low density area The request is reasonable in that the conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public Upon a motion by Mr Gathers for approval of the Special Use Permit with the condition change of Monday - Saturday 7am - 7pm , seconded by Mr DeLaine , carried by a unanimous vote of 7 - 0 , the Planning Board th recommended approval of the Special Use Permit for Rezoning Case 12 - 23 at the November 20 , 2012 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant Will provide a good repair service for the community Staff The applicant will be subject to special use conditions and state and federal laws which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant Will not cause any traffic problems Staff The existing building meets the setback and access requirements and complies with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant Will be neat , well maintained , and very attractive for the community Staff Regular hours of operation will be maintained This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Yes , the business will conform to the county’s plans and any other requirements Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Motorcycle , ATV , and small engine repair Special Use Conditions 1 Permitted Uses Motorcycle , ATV , and small engine repair 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class B buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be 7 00am until 7 00pm Monday – Saturday 7 Signage shall be in accordance with the current signage code 8 Disposal of all petroleum’s , oils , and lubricants shall meet all local , state , and federal requirements 9 All outdoor storage shall be enclosed by an opaque fence 10 Lighting , if any , must be dark sky lighting and engineered so as not to shine onto adjacent properties Mr Gray listed and reviewed the special use conditions with the Board Mr Gray noted there was a nearby property owner at the Planning Board meeting who was not opposed but concerned over the hours of operation He stated the Planning Board recommended the hours of operation for Monday through Saturday from 7 00 am until 7 00 pm and the concerned property owner was satisfied with the recommendation Property Owner Joel Adams , 8515 Strickland’s Crossroads Road , stated that his son the applicant does a good job and he feels the business would be a good way to get him started Applicant Casey Adams , 8515 Strickland’s Crossroads Road , confirmed that he understood the special use conditions proposed Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 12 - 23 Page277 January 7 , 2013 – 6 00 pm Continued Decision on Special Use Case 12 - 23 Case 12 - 23 To allow for the operation of motorcycle , ATV , and small engine repair Owner Joel Allen Adams Applicant Casey Allen Adams Based on the findings of facts and special use conditions , Commissioner Tony Braswell moved the Board authorize the Planning Department to issue a special use permit for Case 12 - 23 to allow for the operation of motorcycle , ATV , and small engine repair on 046 acres of a 2713 acre tract located at 8515 Strickland’s Crossroads Road in Banner Township Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Motorcycle , ATV , and small engine repair 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class B buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be 7 00am until 7 00pm Monday – Saturday 7 Signage shall be in accordance with the current signage code 8 Disposal of all petroleum’s , oils , and lubricants shall meet all local , state , and federal requirements 9 All outdoor storage shall be enclosed by an opaque fence 10 Lighting , if any , must be dark sky lighting and engineered so as not to shine onto adjacent properties 3 Manager Reports and Comments None 4 Board Reports and Comments A 2013 Chairman Appointments Chairman Jeffrey P Carver stated that the Clerk had submitted a revised spreadsheet of the 2013 Chairman Appointments He asked the Board members to let him know if there are any concerns The following list represents the 2013 Appointments Chairman Jeffrey P Carver Triangle J COG Delegate Finance Committee Fire Tax Committee EMS Budget Committee Hospital Authority regular member Vice Chairman Tony Braswell Public Health Board Hospital Authority Commissioner ex - officio member Residential Subdivision Paving Committee Fire Tax Committee EMS Budget Committee EMS Advisory Committee Firemen’s Association Commissioner Representative NC Veterans Affairs Commission Governor Appointed Cookie Pope Voluntary Agricultural District Board Member regular member Hospital Authority regular member Local Emergency Planning Committee NC Association of County Commissioners Agriculture BoardPagePage pageNumber5278 January 7 , 2013 – 6 00 pm Continued Allen L Mims , Jr CAMPO Representative Johnston Community College Board of Trustees Research & Training Zone Advisory Board Finance Committee Public Utilities Committee Library Board of Trustees Commissioner Representative Wade M Stewart Juvenile Crime Prevention Council EMS Budget Committee Public Utilities Committee Nursing Home Adult Care Home Board Tobacco Farm Life Museum Commissioner Representative Veterans Services Advisory Board Commissioner Representative DeVan Barbour Planning Board Finance Committee Fire Tax Committee Social Services Board Public Utilities Committee Mental Health Board Heritage Commission Partnership for Children Ted G Godwin RPO Representative Johnston County Sports Council Highway 70 Corridor Commission County Transportation Committee Community & Senior Services formerly Council on Aging JCATS B 2013 Annual Work Session Following brief discussion , the Board tentatively scheduled March 1 , 2013 for the 2013 Annual Work Session and instructed staff to finalize and confirm details location and report back to the Board C NCACC 2013 Legislative Goals Conference Commissioner Cookie Pope noted that she has attended the Legislative Goals Conferences in the past ; however , she will be unable to do so this year The 2013 North Carolina Association of County Commissioners Legislative Goals Conference is being held on January 24 - 25 , 2013 Commissioner Tony Braswell stated he would look at his calendar to see if he could attend the conference this year 5 NC Stop Torture Now Allyson Caison , 312 N Massey Street , Selma , North Carolina , welcomed Commissioner Ted G Godwin to the Board and provided him with a copy of the UNC School of Law report titled “ The North Carolina Connection to Extraordinary Rendition and Torture ” Ms Caison also reported that NC Stop Torture Now has adopted a stretch of highway on Swift Creek Road near the Johnston County Airport and had their first successful cleanup recently Ms Caison invited the Board to attend an event to be held on January 31 , 2013 concerning the topic of “ Torture Puts US Service Members at Risk ” PagePage pageNumber6279 January 7 , 2013 – 6 00 pm Continued There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote The meeting adjourned at 6 25 pm Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage