January 4, 2014 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 797 Meeting of the Johnston County Board of Commissioners January 6 , 2014 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , January 6 , 2014 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 None 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – December 18 and 25 , 2013 and January 1 , 2014 Certified letters were mailed to adjoining property owners on December 18 , 2013 Notices were posted at the locations on November 5 , 2013 for Cases 13 - 18 , 13 - 19 , and 13 - 20 Rezoning Case 13 - 18 Case 13 - 18 Petition to rezone a 233 acre tract located at 1905 Lake Wendell Road SR 1716 in Wilders Township from Agricultural Residential AR to Community Business – Special Use District CB - SUD Tax ID 16J02001T Owner Crombia E & Ruth Ann Ruth Applicant Michael Ruth It was determined that the applicant was not present for Case 13 - 18 ; therefore , the Chairman announced the Board would proceed with the other cases on the agenda and give the applicant more time to arrive Note The case was tabled at the end of the meeting The Chairman opened the Rezoning Hearing for Case 13 - 19 Case 13 - 19 Petition to rezone a 316 acre tract located at the northeastern quadrant of NC 96 and NC 231 in O’Neals Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 11L03046N Owner Phillip Joseph Lewis , Lisa W Lewis Applicant Dallas Pearce Realty Planning Director Berry Gray stated the petition is to rezone a 316 acre tract located at the northeastern quadrant of NC 96 and NC 231 in O’Neals Township from Agricultural Residential to General Business - Special Use District He noted there is no accompanying special use permit requested at this time and if approved , the applicant would have two years to return to the Board with an identified use The surrounding land uses are zoned Agricultural Residential and used for such purposes as well as an elementary school ; Community Business and currently vacant ; and Agricultural Residential – Special Use District for a wireless communications tower The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years Commissioner Allen L Mims , Jr asked for examples of permitted uses in the General Business – Special Use District zoning classification Mr Gray reported General Business – Special Use District zonings would allow for gas stations , convenience stores , restaurants , pharmacies , auto repair shops , car lots , retail centers , office uses , etc Page798 January 6 , 2014 – 6 00 pm Continued Applicant Dallas Pearce of Dallas Pearce Realty , 1014 N Arendell Ave , Zebulon , stated his company is working with the owner to determine what the highest and best use would be for the subject site He reported they would like to market the property in the hopes of attracting a use such as a Sheetz or Wilco Hess and would return to the Board once that use is identified Mr Pearce stated they want to attract a good use for the area Mr Gray reported the Planning Board recommended approval Upon a question by Commissioner Mims , Mr Gray confirmed staff has made the applicant aware that once a use is identified , the Board of Commissioners will put conditions on that use as part of the special use permit approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 13 - 19 Decision on Rezoning Case 13 - 19 Case 13 - 19 Petition to rezone a 316 acre tract located at the northeastern quadrant of NC 96 and NC 231 in O’Neals Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 11L03046N Owner Phillip Joseph Lewis , Lisa W Lewis Applicant Dallas Pearce Realty 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 - 19 to rezone a 316 acre tract located at the northeastern quadrant of NC 96 and NC 231 in O’Neals 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 Rezoning Hearing for Case 13 - 20 Case 13 - 20 Petition to rezone a 30 acre tract located at 582 Langdon Road SR 1327 in Elevation Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 07E06110A Owner Randy Lee McGee Applicant Randy and Sharon McGee Planning Director Berry Gray stated the petition is to rezone a 30 acre tract located at 582 Langdon Road in Elevation Township from Agricultural Residential to General Business – Special Use District He noted the special use request associated with the rezoning to allow for automotive and equipment repair Mr Gray reported the rezoning came to the Planning Department as the result of a recent complaint He stated the site has been operated for automotive and equipment repair since 2005 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 Applicants Randy and Sharon McGee , 904 Revell Road , Selma , addressed the Board Mrs McGee stated her husband is a mechanic and he keeps the area farmers ’ equipment in running condition Commissioner Allen L Mims , Jr noted the drive to the building crosses Ricky McGee’s property and asked the applicants if they had a cross access easement for the Ricky McGee property Mrs McGee stated Ricky McGee is her husband’s brother and they have an easement across that property although the actual path does run somewhat outside the easement area Chairman Jeffrey P Carver asked Mr Gray to work with the applicant to make sure the path and easement are in place to protect all parties in the future Mr Gray reported the Planning Board recommended approval Upon a question by Commissioner Ted G Godwin , Mr Gray stated the applicants have no plans for expansion and the rezoning would be bringing the existing use into compliance There being no further comments , the Chairman closed the Rezoning Hearing for Case 13 - 20 Page799 January 6 , 2014 – 6 00 pm Continued Decision on Rezoning Case 13 - 20 Case 13 - 20 Petition to rezone a 30 acre tract located at 582 Langdon Road SR 1327 in Elevation Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 07E06110A Owner Randy Lee McGee Applicant Randy and Sharon McGee 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 13 - 20 to rezone a 30 acre tract located at 582 Langdon Road in Elevation Township from Agricultural Residential to General Business – Special Use District be approved Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 13 - 20 Case 13 - 20 To allow for automotive and equipment repair Owner Randy Lee McGee Applicant Randy and Sharon McGee Those wishing to speak on Special Use Case 13 - 20 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 automotive and equipment repair Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 13 - 20 on September 30 , 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 November 19 , 2013 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 13 - 20 and made the following recommendations Upon a motion by Mr Smith to approve Rezoning Case 13 - 20 , seconded by Ms Hackler and carried by a unanimous vote of 9 - 0 , Case 13 - 20 was granted preliminary approval at the November 19th , 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 Smith to approve the Special Use Conditions with the removal of buffers and adjusting the hours , for Case 13 - 20 , seconded by Mr Summerlin and carried by a unanimous vote of 9 - 0 , the Special Use Conditions for Case 13 - 20 was granted preliminary approval at the November 19th , 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 would love to help the farmers in this community by keeping the farm equipment in safe working condition and to keep our neighbors vehicles in safe operating condition 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 Our business will comply with all Johnston County regulations as stated by the county Staff The use shall comply with the use and intensity regulations as set forth in the Land Development Code Page800 January 6 , 2014 – 6 00 pm Continued 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 open out door to business for 5 days a week from 8am to 6pm daily , depending on work load Saturdays on Occasion from 7am - 12pm Staff The business is limited in scale and will be operated 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 This business is for a small scale use for the McGee’s Crossroads 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 Automotive and Equipment Repair Special Use Conditions 1 Permitted Uses Automotive and Equipment Repair 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 6 All signage must comply with the sign code as stated in Section 14 - 509 , and shall be limited to 36sqft 7 Hours of operation shall be limited to Monday – Friday 8 00am - 6 00pm 7 00am - 7 00pm , Saturday 7am - 12 pm 8 Disposal of all petroleum’s , oils , and lubricants shall meet all local , state , and federal requirements 9 Shall be limited to the outdoor storage of 15 vehicles awaiting pickup or repair , all outdoor storage shall be enclosed by an opaque fence Items with strikethroughs removed per Planning Board Mr Gray listed and reviewed the special use conditions with the Board He noted the Planning Board recommended removing the buffer requirement due to the surrounding land being owned by family members of the applicants Mr Gray also pointed out letters from the surrounding property owners in the agenda packets agreeing to the removal of the buffer requirement Commissioner Allen L Mims , Jr noted the Board has waived buffer requirements in the past but those were cases where the applicant also owned the adjacent property Commissioner Mims stated in this case , the surrounding property owners are family and he asked if those surrounding property owners would have any recourse should the applicants sell the subject site and the new owner was not compatible with the surrounding neighbors Mr Gray stated in this case , if the buffer requirement is removed the surrounding neighbors would not have any kind of recourse if the subject site was sold and they did not agree with the use of the new owner Commissioner Ted G Godwin noted the adjacent property owners in this case signed away that right when they submitted the letters agreeing to the removal of the buffer requirement Applicants Randy and Sharon McGee , 904 Revell Road , Selma , addressed the Board Mrs McGee asked the Board to approve the special use request so her husband could continue helping the farmers in the area with their equipment repair She confirmed they understood and agreed with all the special use conditions recommended Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 13 - 20 Decision on Special Use Case 13 - 20 Case 13 - 20 To allow for automotive and equipment repair Owner Randy Lee McGee Applicant Randy and Sharon McGee Based on the findings of facts and special use conditions as listed , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit for Case 13 - 20 to allow for automotive and equipment repair on a 30 acre tract located at 582 Langdon Road in Elevation Township Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit PagePage pageNumber5801 January 6 , 2014 – 6 00 pm Continued 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 Automotive and Equipment Repair 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 All signage must comply with the sign code as stated in Section 14 - 509 , and shall be limited to 36sqft 6 Hours of operation shall be limited to Monday – Friday 7 00am - 7 00pm , Saturday 7am - 12 pm 7 Disposal of all petroleum’s , oils , and lubricants shall meet all local , state , and federal requirements 8 Shall be limited to the outdoor storage of 15 vehicles awaiting pickup or repair , all outdoor storage shall be enclosed by an opaque fence 3 Manager Reports and Comments A 2014 Annual Work Session The Board briefly discussed dates and places for a 2014 annual work session It was the consensus of the Board for the Chairman to work with the County Manager and Clerk to put together some options for a work session and report back to the Board B Call for Two Public Hearings Per the request of the Planning Department , the Board scheduled two public hearings for the February 3 , 2014 6 00 pm meeting to allow public comment on two ordinance amendments as it relates to the junk vehicle definition and subdivision secondary full service access requirements C Upcoming Bond Rating Visits County Manager Rick Hester reported the County would be hosting the bond rating agencies later in January in anticipation of the first bond sale from the referendum that passed in November 2013 Mr Hester stated the goal is to receive an upgrade in the bond rating for the County 4 Board Reports and Comments A Funding for Miracle League Complex in Johnston County Upon a motion by Commissioner Tony Braswell , seconded by Commissioner DeVan Barbour , and carried by unanimous vote , the Board appropriated 100,000 from the County’s open space fund to the Miracle League Complex construction project in Johnston County 5 Rezoning Case 13 - 18 – Tabled Case 13 - 18 Petition to rezone a 233 acre tract located at 1905 Lake Wendell Road SR 1716 in Wilders Township from Agricultural Residential AR to Community Business – Special Use District CB - SUD Tax ID 16J02001T Owner Crombia E & Ruth Ann Ruth Applicant Michael Ruth Upon determining that the applicant was not present , it was the unanimous consensus of the Board to table Rezoning Case 13 - 18 until the February 3 , 2014 6 00 pm meeting Chairman Jeffrey P Carver informed those present for Case 13 - 18 that if the applicant does not attend rd the February 3 meeting for the rezoning petition , then the case would be denied at that time There being no further business , Commissioner Allen L Mims , Jr moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 6 30 pm Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage