October 7, 2013 - 6:00 PM - Count y Board of Commissioners Meeting Minutes (Rezoning)

10 674 Meeting of the Johnston County Board of Commissioners October 7 , 2013 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , October 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 , Ted G Godwin , and Chad M Stewart Absent None 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 Resolution for Clayton Little League Juniors All Star Baseball Team The Board recognized and congratulated the Clayton Little League Juniors All Star Baseball Team for winning the 2013 State Championship Commissioner Chad M Stewart called the team forward and spoke on the outstanding accomplishment of winning the State Championship Coach Lance Rhoades thanked the players for their dedication and hard work towards winning the Championship The Clayton Little League Juniors All Star Baseball Team is as follows Christopher Solomon , Omar Urias - Rivera , Zeke Urias - Rivera , Connor Lane , Zach Jacobs , Jarred Cox , Matthew Smigelski , Luke Rhoades , Landen Leiser , Tanner Rhyne , John Michael Suarez , and Coaches Assistants Troy Harris , Lance Rhoades , Ronnie Jacobs , and Greg Solomon Commissioner Chad M Stewart read aloud a resolution recognizing and congratulating the Clayton Little League Juniors All Star Baseball Team for winning the 2013 State Championship and moved for its adoption Commissioner Allen L Mims , Jr seconded the motion which carried by unanimous vote The framed resolution was presented to the team RESOLUTION RECOGNIZING THE CLAYTON LITTLE LEAGUE JUNIORS ALL STAR BASEBALL TEAM Whereas , the Johnston County Board of Commissioners takes pride in recognizing the accomplishments of all athletic teams in Johnston County ; and Whereas , the Clayton Little League Juniors All Star Baseball Team recently won the 2013 State Championship in Morganton , North Carolina ; and Whereas , the Johnston County Board of Commissioners recognizes this great accomplishment ; and Whereas , this Championship brings statewide recognition and distinction to all of Johnston County Now Therefore , Be It Resolved , that the Johnston County Board of Commissioners hereby publicly recognizes and congratulates the Clayton Little League Juniors All Stars Baseball Team on winning the 2013 State Championship th Adopted this the 7 day of October , 2013 B Recognition of Johnston County EMS Cadet Academy Graduates Johnston County EMS Division Chief Josh Holloman reported the Johnston County EMS Cadet Academy graduated its first class in August He stated the first class had ten graduates and they are hopeful the program will continue to be a success Mr Holloman thanked the Board of Commissioners for their support to the program stating he believes it helps create the next generation of Emergency Medical Technicians and Paramedics He introduced Captain Kim Grimes and spoke on her involvement with the Cadet Academy stating she has been instrumental in its creation Page675 October 7 , 2013 – 6 00 pm Continued Ms Grimes provided the Board with a brief background on the EMS Cadet Academy program She introduced the first graduating class as follows Elizabeth Gower , Christopher McLeod , Alexis Kay , Katherine Fitzpatrick , Jordan Woods , Taylor Twigg and Samantha Nelson not present Ashley Powell , Christian Hughes and Justin McFarland 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – September 25 and October 2 , 2013 Certified letters were mailed to adjoining property owners on September 23 , 2013 Notices were posted at the locations on August 5 , 2013 for Case 13 - 13 and July 2 , 2013 for Case 12 - 12 Mod The Chairman opened the Rezoning Hearing for Case 13 - 13 Case 13 - 13 Petition to rezone a 11 acre tract located along US 701 South in Ingram’s Township from Agricultural Residential AR to General Business GB Tax ID 08J13072C Owner Kevin & Lori Barefoot Applicant Kevin & Lori Barefoot Planning Director Berry Gray stated the petition is to rezone a 11 acre tract located along US 701 South in Ingram’s Township from Agricultural Residential to General Business Mr Gray stated the existing land use is undeveloped Mr Gray reviewed the zoning map with the Board and stated the surrounding uses are zoned Agricultural Residential and used for such purposes ; General Business for a community store ; and Agricultural Residential – Special Use District for a County Solid Waste Convenience Center The area is located within a designated “ Agricultural Rural Conservations Area ” which denotes areas of low levels of growth pressures , anticipated over the next 20 years Additionally the site is located within a “ Neighborhood Centers ” activity node Applicant Kevin Barefoot , 1541 Stewart Road , Four Oaks , requested the Board to approve the rezoning stating that he purchased the property along with the two adjacent lots thinking all three lots were zoned General Business Mr Barefoot reported after purchasing the lots , he realized the northern most lot was still zoned Agricultural Residential Mr Barefoot stated he is unsure what he will do with the property at this time , but he is possibly looking into storage facilities Commissioner Allen L Mims , Jr noted if the rezoning is approved to General Business the tax value will increase Mr Barefoot stated he is aware the tax value would increase Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman closed the Rezoning Hearing for Case 13 - 13 Decision on Rezoning Case 13 - 13 Case 13 - 13 Petition to rezone a 11 acre tract located along US 701 South in Ingram’s Township from Agricultural Residential AR to General Business GB Tax ID 08J13072C Owner Kevin & Lori Barefoot Applicant Kevin & Lori Barefoot Commissioner Allen L Mims , Jr 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 13 - 13 to rezone a 11 acre tract located along US 701 South in Ingram’s Township from Agricultural Residential to General Business be approved Commissioner Chad M Stewart seconded the motion , which carried by unanimous vote The Chairman reconvened the Special Use Hearing for Case 12 - 12 Mod from the September 3 , 2013 6 00 pm meeting Case 12 - 12 Mod A request to modify the Special Use Permit for 166 acres zoned General Business - Special Use District GB - SUD located at 4810 Cleveland Road in Cleveland Township This modification request is to omit the fencing requirement from the special use conditions Tax ID 06H06007E Owner Billy and Louise Overbee Applicant Scott Overbee Page676 October 7 , 2013 – 6 00 pm Continued Chairman Jeffrey P Carver reminded those that were sworn in at the September 3 , 2013 6 00 pm meeting for Case 12 - 12 Mod that they are still under oath Chairman Carver called for any others that wished to speak on Case 12 - 12 Mod and was not sworn in last time to come forward to be sworn in by the Clerk to the Board No others came forward to be sworn in Planning Director Berry Gray introduced the special use case which is a petition to modify the special use permit for 166 acres zoned General Business - Special Use District located at 4810 Cleveland Road in Cleveland Township to omit the fencing requirement from the special use conditions Mr Gray explained the site was zoned General Business – Special Use District in 2012 for a landscaping business which included a requirement for an opaque fence to surround the equipment storage area among other conditions Mr Gray stated over the months since the 2012 rezoning approval , the applicant has not complied with the special use conditions and the applicant is requesting to remove the fencing requirement for financial reasons Mr Gray stated the applicant has made some efforts to comply with the special use conditions in recent weeks except for the fencing condition Mr Gray continued the Board of Commissioners heard the request at the September 3 , 2013 meeting and tabled a decision on the case to allow the applicant time to work with the Planning Staff on an alternate landscaping buffer that could replace the fencing requirement Mr Gray submitted for the record , an e - mail from the Gibsons nearby property owners dated October 5 , 2013 , regarding concerns with the use of the property Mr Gray reported he met with the applicant on September 27 , 2013 to review an alternate landscaping plan Mr Gray stated he visited the property to determine what has already been done versus what needs to be done to address buffering concerns in lieu of a fence Mr Gray submitted a memorandum to the Johnston County Board of Commissioners dated September 30 , 2013 outlining an alternate landscaping buffer Mr Gray reported the alternate landscaping requirements were agreed upon by the applicant with a deadline for installation set at November 11 , 2013 Mr Gray reviewed the following requirements as outlined in the memorandum 1 Plant two evergreen trees , such as Arborvitae or Nellie Stevens Holly , between each of the maple trees 2 Add a segment of maple , crepe myrtle , and evergreen shrub to the existing buffer along Steel Bridge Road 3 Add shrubs nine every100 linear feet within the existing buffer and buffer extension in # 2 above 4 Between the end of the buffer on Steel Bridge Road and the Wright Property , add Cryptomeria spaced every 2 to 3 feet apart 5 Add evergreen such as Nellie Stevens Holly at the driveway on Cleveland Road between the sign and the rocks Commissioner Allen L Mims , Jr asked about the height of the landscaping at the time of installation and if it would be a sufficient buffer instead of the fence Mr Gray reported the Nellie Stevens Holly trees or Arborvitae could both grow to be anywhere from 10 to 20 feet in height which would be higher than a typical fence Mr Gray stated the trees would need to be of the same size as the applicant’s existing plantings on the site He noted the existing plantings are approximately six feet in height Applicant Scott Overbee , 77 Eleanor Lane , Garner , stated he is planning to install landscaping at least six to eight feet in height on Steel Bridge Road and a “ decent size ” on Cleveland Road At the inquiry of Commissioner Cookie Pope , Mr Overbee reported the existing maple trees on the site are approximately 30 feet apart and he would remove the existing Crape Myrtles in order to plant the Nellie Stevens Holly trees in between the existing maple trees Commissioner Mims asked Mr Overbee if he understood that the alternate landscaping plan as outlined in the memorandum dated September 30 , 2013 would become part of the special use conditions , if approved by the Board and he would be required to maintain that landscaping Mr Overbee confirmed that he understood the alternate landscaping plan would become part of the special use conditions Upon a question by Commissioner DeVan Barbour , Mr Overbee reported he has removed the construction debris from the site Mr Overbee acknowledged that he still has to install a driveway ; however , he stated the County will be putting in a water line and he is unsure when that will take place Page677 October 7 , 2013 – 6 00 pm Continued Commissioner Chad M Stewart asked Mr Overbee if he felt he could have the new landscaping installed by November 11 , 2013 Mr Overbee confirmed that he would be able to complete the new landscaping by November 11 , 2013 Commissioner Mims asked about the existing berm on the site Mr Overbee stated he plans to leave the berm in place and seed it to avoid erosion Chairman Jeffrey P Carver noted Mr Gray’s recent visit to the site and asked him to confirm that the construction debris has been removed Mr Gray confirmed the construction debris has been removed from the site At the inquiry of Chairman Carver , Mr Overbee confirmed that he will be able to comply with the conditions by November 11 , 2013 Mr Gray submitted the following findings of fact and special use conditions for the Board to discuss 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 To provide any landscaping that the department requires Staff The applicant will be subject to special use conditions Current conformance does 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 To provide business where commercial business is limited in the community Staff This development does comply 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 Personal access will be Monday through Saturday , 7 00am through 9 00pm Public access will be from 8 00am until 6 00pm on Saturdays only Staff Site does maintain or enhance the value of contiguous property in that the buffering and fencing is adequate and the site is aesthetically unpleasing 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 Will have night lighting and will leave existing vegetation and provide proper landscaping All buildings will be permitted with all the State and County Staff Applicant’s proposed development does 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 Landscape material sales , storage of equipment with an office workshop Special Use Conditions 1 Permitted Uses storage of equipment , landscape material sales , and office workshop 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 Personal access hours shall be 6 00 am to 9 00 pm , Monday through Saturday Business hours open to the public shall be 8 00am to 6 00pm on Monday through Saturday only 5 All signage shall comply with the sign code 6 A Class B landscape buffer shall be installed along all rezoning lines 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet unless existing natural vegetation is acceptable in lieu of the Class B buffer if equal or more intense 7 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 9 Must comply with all traffic improvements as required by NCDOT 10 All debris and or solid waste on the property to be removed prior to issuance of special use permit 11 All outdoor storage of equipment must be enclosed within an 8 ’ tall opaque fence Mr Gray stated if the Board chooses to approve the modification he would recommend removing condition # 11 and substituting it with the alternate landscaping conditions as outlined in the memorandum dated September 30 , 2013 PagePage pageNumber5678 October 7 , 2013 – 6 00 pm Continued There being no further comments , the Chairman closed the Special Use Hearing for Case 12 - 12 Mod Decision on Case 12 - 12 Mod Case 12 - 12 Mod A request to modify the Special Use Permit for 166 acres zoned General Business - Special Use District GB - SUD located at 4810 Cleveland Road in Cleveland Township This modification request is to omit the fencing requirement from the special use conditions Tax ID 06H06007E Owner Billy and Louise Overbee Applicant Scott Overbee Based on the findings of facts and revised special use conditions as listed below , Commissioner Cookie Pope moved the Board approve the modification to the special use permit for Case 12 - 12 Mod for 166 acres zoned General Business - Special Use District located at 4810 Cleveland Road in Cleveland Township to omit the fencing requirement and substitute the alternate landscaping plan as outlined in the memorandum dated September 30 , 2013 with a deadline for compliance with the special use conditions set at November 11 , 2013 Commissioner Chad M Stewart 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 storage of equipment , landscape material sales , and office workshop 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 Personal access hours shall be 6 00 am to 9 00 pm , Monday through Saturday Business hours open to the public shall be 8 00am to 6 00pm on Monday through Saturday only 5 All signage shall comply with the sign code 6 A Class B landscape buffer shall be installed along all rezoning lines 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet unless existing natural vegetation is acceptable in lieu of the Class B buffer if equal or more intense 7 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 9 Must comply with all traffic improvements as required by NCDOT 10 All debris and or solid waste on the property to be removed prior to issuance of special use permit 11 In lieu of an opaque fence the applicant shall provide the following prior to November 11 , 2013 a Plant two evergreen trees , such as Arborvitae or Nellie Stevens Holly , between each of the maple trees b Add a segment of maple , crepe myrtle , and evergreen shrub to the existing buffer along Steel Bridge Road c Add shrubs nine every 100 linear feet within the existing buffer and buffer extension in # 2 above d Between the end of the buffer on Steel Bridge Road and the Wright property , add Cryptomeria spaced every 2 to 3 feet apart e Add evergreen such as Nellie Stevens Holly at the driveway on Cleveland Road between the sign and the rocks 3 Manager Reports and Comments A Juvenile Crime Prevention Council Appointment tabled from the 10 00 am meeting Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board appointed Douglas Wayne Sorrell to serve on the Juvenile Crime Prevention Council representing General Public for a two year term expiring on October 31 , 2015 4 Board Reports and Comments Commissioner Ted G Godwin asked the County Manager to touch base with the Department of Transportation on the railroad crossing at Buffalo Road near the Selma Oil Terminals , noting he had received aPagePage pageNumber6679 October 7 , 2013 – 6 00 pm Continued citizen complaint regarding the crossing’s condition Commissioner Godwin stated he drove across the crossing today and it is in bad shape Commissioner Cookie Pope also asked the County Manager to make the Department of Transportation aware of a drop off in the road on NC Hwy 42 near the Draft House in Cleveland There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The meeting adjourned at 6 35 pm Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage