November 4, 2013 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 693 Meeting of the Johnston County Board of Commissioners November 4 , 2013 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , November 4 , 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 Chairman Jeffrey P Carver recognized Miss Evettra Hamilton who is a Sophomore at Cleveland High School Miss Hamilton attended the Board meeting as part of a Civics and Economics Project for school She provided the Board with a background on her project The Board welcomed Miss Hamilton to the meeting 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – October 23 and October 30 , 2013 Certified letters were mailed to adjoining property owners on October 18 , 2013 Notices were posted at the locations on September 3 , 2013 for Cases 13 - 14 and 13 - 15 The Chairman opened the Rezoning Hearing for Case 13 - 14 Case 13 - 14 Petition to rezone 205 acres of a 4245 acre tract located at 369 Barber Mill Road SR 1555 in Cleveland Township from Agricultural Residential AR to Community Business – Special Use District CB - SUD Tax ID 06F04035 Owner Frank & Jeanne Wilton Applicant Johnston County Solid Waste Planning Director Berry Gray stated the petition is to rezone 205 acres of a 4245 acre tract located at 369 Barber Mill Road in Cleveland Township from Agricultural Residential to Community Business – Special Use District He noted the special use request associated with the rezoning to allow for a Solid Waste Convenience Center Mr Gray reported the County currently operates a Solid Waste Convenience Center at this site and would like to expand the operation to increase capacity and reduce onsite congestion during peak use times The surrounding land uses are zoned Agricultural Residential and used for such purposes as well as Agricultural Residential – Special Use District for a wireless communication tower 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 Rick Proctor , Director of the Johnston County Solid Waste Division , representing the Applicant , was present to answer any questions Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 13 - 14 Decision on Rezoning Case 13 - 14 Case 13 - 14 Petition to rezone 205 acres of a 4245 acre tract located at 369 Barber Mill Road SR 1555 in Cleveland Township from Agricultural Residential AR to Community Business – Special Use District CB - SUD Tax ID 06F04035 Owner Frank & Jeanne Wilton Applicant Johnston County Solid Waste Page694 November 4 , 2013 – 6 00 pm Continued 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 13 - 14 to rezone 205 acres of a 4245 acre tract located at 369 Barber Mill Road in Cleveland Township from Agricultural Residential to Community Business – Special Use District be approved Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 13 - 14 Case 13 - 14 To allow for a Solid Waste Convenience Center Owner Frank & Jeanne Wilton Applicant Johnston County Solid Waste Those wishing to speak on Special Use Case 13 - 14 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 a Solid Waste Convenience Center Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 13 - 14 on July 8 , 2013 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 • 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 September 17 , 2013 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 13 - 14 and made the following recommendations Upon a motion by Mr Letchworth to approve Rezoning Case 13 - 14 , seconded by Mr Smith by a unanimous vote of 9 - 0 , Case 13 - 14 was granted preliminary approval at the September 17th , 2013 Planning Board Meeting Statement This request is consistent with the Comprehensive Land Use Plan in that an expansion of the existing convenience center does not create any conflicting land uses The request is reasonable in that the proposed use would enhance the service provided to the community and the special use conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the community Upon a motion by Ms Hackler to approve the Special Use Rezoning of Case 13 - 14 , seconded by Mr DeLaine and carried by a unanimous vote of 9 - 0 , the Special Use Conditions for Case 13 - 14 were granted preliminary approval at the September 17th , 2013 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 The solid waste convenience site is designed to provide a sanitary method for household waste and recycling collection for the local area residence Staff Convenience centers were are developed as a method for residents of the county to dispose of their garbage in a manner that is safe for the environment and more functional for the user This method has proven to be a relief on the environment and is more economically cost effective for the countys residents Site will be manned and secured with a gate 2 That the use of the 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 The solid waste convenience site is managed by county staff during operating hours The hours of operation are posted and the site is screened by a perimeter fence and locked gate when not open for service Staff The use or development will comply with all specific standards listed in Section 14 - 257 and conditions as placed by the boards Vegetative buffering will help minimize and screen the facility 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 The site will be buffered with vegetation and privacy fencing Page695 November 4 , 2013 – 6 00 pm Continued Staff Solid Waste Convenience Centers are a public necessity to properly dispose of waste in an environmentally friendly manner , to allow for no - cost recycling , and to provide an alternative to transporting waste to the county’s landfill 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 The site will conform to all rules and regulations associated with household solid waste collection and recycling facilities in North Carolina and Johnston County Staff The 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 To allow for Solid Waste Convenience Center Special Use Conditions 1 Permitted Uses Solid Waste Convenience Center 2 The Special Use Permit may be revoked 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 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 Signage must comply with the sign regulations 7 Must obtain NCDOT driveway permit 8 Site must be secured with fencing and security gate Mr Gray listed and reviewed the special use conditions with the Board Commissioner Ted G Godwin asked if the Department of Transportation would have any new requirements such as a turn lane Mr Gray stated the new driveway would require a driveway permit ; however , staff has not received any comments back from the Department of Transportation during their preliminary review for a turn lane requirement Mr Gray noted the traffic is not expected to increase because it is already there which the Department of Transportation will take into consideration Commissioner Allen L Mims , Jr inquired about buffers noting the backside of the property appears to be wooded Commissioner Mims also noted the shrubbery on the site plan is planned for the inside of the fence and commented usually shrubbery is planted on the outside of the fence to help with screening Mr Gray stated staff would take the natural vegetation into consideration and if it is adequate , additional buffering would not be required Mr Gray stated regarding the shrubbery , on the existing site , the fence is already located on the property line so space is limited for plantings outside of the fence , but staff will work with them Upon questions by the Board , Rick Proctor , Director of the Johnston County Solid Waste Division , representing the Applicant , stated there are plans to install new plantings across the front of the site as well as extend the existing landscape buffer where needed across the new areas Mr Proctor stated a lot of the plantings are located outside the fence and they would plant additional landscaping on the inside of the fence to accomplish the buffer requirements Mr Proctor reported they plan to clean up the back of the property Mr Proctor stated the property is a lease with a mutual one year out clause with the landowner Mr Proctor stated the hope is to arrange the site with a flow - through design to get the traffic off the road and alleviate congestion to avoid the need for a turn lane Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 13 - 14 Decision on Special Use Case 13 - 14 Case 13 - 14 To allow for a Solid Waste Convenience Center Owner Frank & Jeanne Wilton Applicant Johnston County Solid Waste Based on the findings of facts and special use conditions , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 13 - 14 to allow for a Solid Waste Convenience Center on 205 acres of a 4245 acre tract located at 369 Barber Mill Road in Cleveland Township Commissioner Tony Braswell seconded the motion , which carried by unanimous vote Page696 November 4 , 2013 – 6 00 pm Continued 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 Solid Waste Convenience Center 2 The Special Use Permit may be revoked 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 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 Signage must comply with the sign regulations 7 Must obtain NCDOT driveway permit 8 Site must be secured with fencing and security gate The Chairman reopened the Rezoning Hearing for Case 13 - 15 Case 13 - 15 Petition to rezone 184 acres of a 435 acre tract located at 1948 County Line Road SR 1103 in Pleasant Grove Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 13C05007H Owner Daniel & Hilliary Williams Applicant Daniel Williams Planning Director Berry Gray stated the petition is to rezone 184 acres of a 435 acre tract located at 1948 County Line Road in Pleasant Grove Township from Agricultural Residential to General Business – Special Use District He noted the special use request associated with the rezoning to allow for a landscape contractors office and material storage , lawn care service , and plant nursery Mr Gray reported the existing land use is zoned Agricultural Residential and used for such purposes He noted the applicant currently owns a house in front of the subject site He stated the applicant is also under contract with the adjacent property owner to purchase that tract of land The surrounding land uses are zoned Agricultural Residential and used for such purposes The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which low to moderate levels of growth pressures are anticipated over the next 20 years Applicant Daniel Williams , 1948 County Line Road , Angier , stated he plans to use the site for storage and an office for his landscaping business with future plans for a nursery At the inquiry of Commissioner Ted G Godwin , Mr Williams stated the house is on a 085 acre separate tract of land in front of the subject site Mr Williams provided the Board with a background of his business and stated he plans to consolidate his operation on the property Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman closed the Rezoning Hearing for Case 13 - 15 Decision on Rezoning Case 13 - 15 Case 13 - 15 Petition to rezone 184 acres of a 435 acre tract located at 1948 County Line Road SR 1103 in Pleasant Grove Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 13C05007H Owner Daniel & Hilliary Williams Applicant Daniel Williams 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 - 15 to rezone 184 acres of a 435 acre tract located at 1948 County Line Road in Pleasant Grove 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 reopened the Special Use Hearing for Case 13 - 15 Case 13 - 15 To allow for a landscape contractors office and material storage , lawn care services , and plant nursery Owner Daniel & Hilliary Williams Applicant Daniel Williams Those wishing to speak on Special Use Case 13 - 15 were sworn in by the Clerk to the Board PagePage pageNumber5697 November 4 , 2013 – 6 00 pm Continued Planning Director Berry Gray introduced the special use case and stated the request is to allow for a landscape contractors office and material storage , lawn care services , and plant nursery Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 13 - 15 on July 31 , 2013 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 • 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 September 17 , 2013 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 13 - 15 and made the following recommendations Upon a motion by Mr Massengill to approve Rezoning Case 13 - 15 , seconded by Mr Creech and carried by a unanimous vote of 9 - 0 , Case 13 - 15 was granted preliminary approval at the September 17th , 2013 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 Summerlin to approve the Special Use Rezoning of Case 13 - 15 , seconded by Ms Hackler and carried by a unanimous vote of 9 - 0 , the Special Use Conditions for Case 13 - 15 were granted preliminary approval at the September 17th , 2013 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 We will use the existing buildings on the property for storage and will conduct business hours between 7am and 6pm Monday through Friday A small scale new building will be constructed as office space Staff The applicant will be subject to the special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of the 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 We acknowledge all existing regulations and ordinances and will comply to those in place Staff The use shall 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 We will provide public service for landscaping and property management during the operating hours of 7am and 6 pm Monday through Friday Staff The business is limited in scale and will primarily be located within an existing structure with small scale future development This and 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 Being that the property is located in a rural area , we plan to operate a small landscaping company as well as a plant nursery on the property to serve the immediate area 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 To allow for Landscape Contractor’s Office and Material Storage , Lawn Care Service , Plant Nursery Special Use Conditions 1 Permitted Uses Landscape Contractor’s Office and Material Storage , Lawn Care Service , Plant Nursery 2 The Special Use Permit may be revoked 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 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies PagePage pageNumber6698 November 4 , 2013 – 6 00 pm Continued 5 Installation of at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 Outdoor storage must be enclosed by an 8 ’ opaque fence or vegetative buffer 7 All signage must comply with the sign code as stated in Section 14 - 509 8 Hours of operation shall be limited to Monday – Saturday 7 00am – 6 00pm 9 Must obtain NCDOT driveway permit Items in Bold added by the Planning Board Mr Gray listed and reviewed the special use conditions with the Board Upon a question by Commissioner Allen L Mims , Jr , Mr Gray stated staff would work with the applicant on buffering screening requirements if there is already natural vegetation in place Mr Gray noted the applicant is considering purchasing the adjacent property so the Board may want to look at the buffer requirements for that property line Applicant Daniel Williams , 1948 County Line Road , Angier , stated the property behind the site is all wooded Commissioner Mims asked the applicant if he agreed to the conditions as proposed Mr Williams asked the Board to consider changing the hours of operation to 6 30 am until 9 00 pm Monday through Saturday noting his employees arrive to work at 6 30 am and in the summer hours they sometimes receive deliveries until 9 00 pm Mr Gray reported the Planning Board proposed a change to the days of operation for Monday through Saturday ; however , the Planning Board did not discuss the hours Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 13 - 15 Decision on Special Use Case 13 - 15 Case 13 - 15 To allow for a landscape contractors office and material storage , lawn care services , and plant nursery Owner Daniel & Hilliary Williams Applicant Daniel Williams Based on the findings of facts and revised special use conditions changing the hours of operation as listed below , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 13 - 15 to allow for a landscape contractors office and material storage , lawn care services , and plant nursery on 184 acres of a 435 acre tract located at 1948 County Line Road in Pleasant Grove Township Commissioner Ted G Godwin 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 Landscape Contractor’s Office and Material Storage , Lawn Care Service , Plant Nursery 2 The Special Use Permit may be revoked 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 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 Outdoor storage must be enclosed by an 8 ’ opaque fence or vegetative buffer 7 All signage must comply with the sign code as stated in Section 14 - 509 8 Hours of operation shall be limited to Monday – Saturday 6 30am – 9 00pm 9 Must obtain NCDOT driveway permit 3 Call for Public Hearing – Ordinance Amendment – Subdivision Street Maintenance Chairman Jeffrey P Carver scheduled a public hearing for the December 2 , 2013 6 00 pm meeting to allow for public comment on an amendment to the Johnston County Code of Ordinances as it relates to subdivision street maintenance PagePage pageNumber7699 November 4 , 2013 – 6 00 pm Continued 4 Manager Reports and Comments A Resolution for 911 - Communications County Manager Rick Hester reported at the October 7 , 2013 meeting the Board approved for the County to enter into a 3 year lease contract with Communications International to purchase necessary equipment to construct a radio site on the County’s water tank at McGee’s Crossroads at a cost of 356,80185 which was included in the approved FY 2013 - 2014 Budget He stated staff later received a resolution from Communications International that went along with approving the request Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board adopted the resolution as follows B Request for Closed Session for 14331811 a 6 – Personnel County Manager Rick Hester requested a closed session 5 Board Reports and Comments A Cell Tower Heights Commissioner Ted G Godwin noted he recently had a discussion with the County Manager regarding cell tower heights Commissioner Godwin commented that he has heard complaints from citizens about the lack of cell coverage in the County and asked if the Board could look at the cell tower height restrictions in order to promote improved coverage Planning Director Berry Gray reported the Planning Board would be discussing cell tower heights at their December meeting and any recommendations would be sent to the Board of Commissioners for discussion most likely in February B New School Construction Commissioner DeVan Barbour noted tomorrow the County would be voting on the school bond referendum Commissioner Barbour stated he understands that Johnston County Schools may be looking at changing the prototype on new school construction He stated since the County is responsible for financing on the new schools , he would like for the Board of Commissioners to be briefed on what Johnston County Schools may be considering so that everyone is on the same page PagePage pageNumber8700 November 4 , 2013 – 6 00 pm Continued Commissioner Allen L Mims , Jr agreed with Commissioner Barbour Chairman Jeffrey P Carver stated he would be glad to meet with Board of Education Chairman Larry Strickland on the subject and asked the County Manager to set up a meeting 6 Closed Session – NCGS § 143 - 31811 a 6 Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board recessed regular session to sit in closed session in accordance with NCGS § 143 - 31811 a 6 Personnel No action was taken Commissioner Cookie Pope moved the Board adjourn closed session and resume regular session Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote There being no further business , Commissioner Allen L Mims , Jr moved the Board adjourn Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The meeting adjourned at 6 55 pm Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage