February 3, 2014 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 826 Meeting of the Johnston County Board of Commissioners February 3 , 2014 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , February 3 , 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 – January 22 and 29 , 2014 Certified letters were mailed to adjoining property owners on January 17 , 2014 Notices were posted at the location on November 5 , 2013 for Case 13 - 18 The Chairman opened the Rezoning Hearing for 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 Planner Kevin Sigmon stated the petition is to rezone a 233 acre tract located at 1905 Lake Wendell Road in Wilders Township from Agricultural Residential to Community Business – Special Use District He noted the accompanying special use request is to allow for marketing and multimedia production to include audio recordings , filming , graphics , design production and editing ; and residence Mr Sigmon reported the applicant would like to utilize a portion of the existing residence to begin the business and if successful plans to construct an accessory building to utilize as an office , storage , and studio The surrounding land uses are zoned Agricultural Residential and used for such purposes ; Industrial - 1 to the east at the intersection of Lake Wendell Road and Applewhite Road approximately 15 miles away and formerly used for automotive and equipment repair and the storage of shipping containers 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 Property Owner Crombia Ruth , 1905 Lake Wendell Road , stated he is the owner of the business which is known as USA Expansion He stated the business is not personal but is to utilize the resources of North Carolina and market North Carolina’s products Mr Ruth gave examples of marketing such products as goat milk , soy beans , and lumber products Mr Ruth spoke on his past experiences with marketing such products and how they impact North Carolina Chairman Jeffrey P Carver asked Mr Ruth how the business would benefit the citizens in the community if the rezoning were approved Mr Ruth stated he needs the rezoning in order to have parking spaces for the business so people can visit the site to learn how to show the products of North Carolina Commissioner Allen L Mims , Jr asked why the subject site should be rezoned for a commercial business Page827 February 3 , 2014 – 6 00 pm Continued Mr Ruth stated he would like to utilize his own property for the business for cost savings instead of renting another location Commissioner DeVan Barbour asked specifically what operations would be taking place on the subject site Mr Ruth stated movies would be filmed on the property , but he would not have large crowds on the site Mr Ruth stated the property would be used to demonstrate a product so the person would want to market the product Commissioner Barbour asked if the business is successful , how many people would be visiting the site each week Mr Ruth stated some weeks , he may not have any people visiting the site and it may be two or three people a month Commissioner Barbour asked Mr Ruth if he planned to build a building on the site Mr Ruth stated there is a slab on the site and he plans to build a building on the slab for weightlifting equipment Mr Ruth spoke on using wood to create lumber products for homes Commissioner Barbour asked how the business would impact the surrounding neighbors Mr Ruth stated the business will not impact the surrounding neighbors Commissioner Tony Braswell stated the rezoning request is for Community Business and he asked what type of community business would be done on the property Mr Ruth stated the business would be to expand the products of North Carolina Applicant Michael Ruth , 1905 Lake Wendell Road , stated the business is a marketing and production business He stated the concrete slab on the property came with the house which will be used for the marketing business Mr Ruth stated the intent of the business is to film the products of North Carolina He stated there will not be a lot of people visiting the site Courtney Coble Hayes , 1831 Lake Wendell Road , expressed her concerns to the Board regarding the rezoning request Ms Hayes stated the rezoning would disrupt the agriculture and residential makeup of the immediate area and noted there are no other commercial businesses within a mile of the subject site She stated the two nearest commercial businesses are over a mile away with one of those being a feed store and the other a vehicle repair shop , both of which support the community Ms Hayes stated the rezoning would cause a variance to the goals of the County’s Comprehensive Land Use Plan without providing a clear benefit to the community that would justify varying from those goals Ms Hayes continued the area is within a Primary Growth Area ; however , she stressed the purpose of planning is to allow for well designated growth and development that would encourage people to move to the area and she asked how the proposed use would benefit the future growth and development of the area She stated the proposed use would not reduce the possibility of incompatible uses , but rather would cause them and it would not promote cooperation among residential neighborhoods , active farms , and agribusiness enterprises She stated the applicant has not filled out a detailed application nor provided a detailed business plan of exactly what services the business offers Ms Hayes stated perhaps a home occupation permit would be a good compromise which would allow for additional restrictions to be put on the business to help protect the neighbors At the inquiry of Commissioner Chad M Stewart , Ms Hayes pointed out the location of her property on an aerial photograph for the Board Elizabeth Gentry , 1907 Lake Wendell Road , spoke in opposition to the rezoning request Ms Gentry stated she and her husband share a driveway easement with the Ruth’s and there is already a lot of traffic going in and out of the property Ms Gentry expressed concerns that the proposed use would only increase the traffic and stress the existing driveway Ms Gentry stated there are some trees in between the properties , but they are not enough to adequately buffer the use from her property Ms Gentry stated she and her husband have livedPage828 February 3 , 2014 – 6 00 pm Continued there for 16 years and purchased the property because it was zoned Agriculture Residential and they were unaware that a business could one day locate beside them At the inquiry of the Commissioners , Ms Gentry pointed out the driveway easement on the aerial photograph She stated there is a shared 50 ft easement for Lots 1 and 2 with her and her husband owning Lot 2 and the Ruth’s owning Lot 1 She continued that an additional 30 ft access easement was conveyed to them so they would have access to their property Mr Crombia Ruth readdressed the Board and stated it does not matter if the Board approves the rezoning request or not because there will be so few people visiting the site that no one will notice Mr Ruth stated he pays a mortgage and the taxes on the property which includes the driveway and there is no shared easement agreement with the Gentry’s The Gentry’s produced a copy of the warranty deed for the property to the County Attorney County Attorney David Mills verified that the plat for the property does show a 50 ft joint access easement for Lots 1 and 2 and a 30 ft access easement for Lot 2 Chairman Carver stated the driveway easement matter between the Gentry’s and the Ruth’s is not material to the rezoning decision Commissioner Cookie Pope asked staff at what point is a detailed site plan submitted Ms Sigmon reported in many cases , a detailed site plan is produced after the rezoning is approved with the Board of Commissioners getting a basic sketch of the development beforehand Mr Sigmon reported the Planning Board recommended approval There being no further comments , the Chairman closed the Rezoning Hearing for Case 13 - 18 Decision on 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 Commissioner DeVan Barbour moved the Board conclude and adopt a statement that the rezoning requested is not consistent with the Comprehensive Land Use Plan , and is not in the public interest , and further that the petition for rezoning case 13 - 18 to rezone a 233 acre tract located at 1905 Lake Wendell Road in Wilders Township from Agricultural Residential to Community Business – Special Use District be denied Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote 3 Public Hearing – Ordinance Amendment – Junk Vehicle Definition Advertised – The Smithfield Herald – January 22 and 29 , 2014 The Chairman opened the public hearing for the purposes of receiving public comment and discussion on a proposed amendment to the Johnston County Code of Ordinances Chapter 14 – Land Development Code , as it relates to the junk vehicle definition Planner Kevin Sigmon presented the ordinance amendment and explained the amendment would make the junk vehicle definition more consistent with North Carolina General Statutes He stated language has been added to the appeals section to allow for a process for the County to be involved in the removal of junk vehicles Mr Sigmon stated the Planning Board recommended approval County Attorney David Mills also stated the amendment would provide more consistency throughout the ordinance There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board adopted the following ordinance amendment Page829 February 3 , 2014 – 6 00 pm Continued Section 14 - 6 Definitions Junk and inoperable Junked motor vehicle has the same meaning means vehicles that do not have a current license tag and or are dismantled , wrecked , or inoperable as defined by GS 153A - 1322 This does not apply to antique automobiles as defined by GS 105 - 3309 Junkyard facility means 1 A facility that stores more than six junk and inoperable junked motor vehicles ; 2 Uses more than 600 square feet of any lot for the storage of junk Section 14 - 75 Agricultural - residential district AR b 14 One junk or inoperable vehicle junked motor vehicle Section 14 - 615 Junked Motor Vehicle Removal Any County initiated removal of junked motor vehicles shall be subject to all hearing requirements as identified by GS 153A - 1322 a3 The hearing procedure is hereby established subject to Article XI of this Code 4 Public Hearing – Ordinance Amendment – Subdivision Access Advertised – The Smithfield Herald – January 22 and 29 , 2014 The Chairman opened the public hearing for the purposes of receiving public comment and discussion on a proposed amendment to the Johnston County Code of Ordinances Chapter 14 – Land Development Code , as it relates to the subdivision secondary full service access requirements Planner Kevin Sigmon presented the ordinance amendment and explained the amendment came to the Planning Board at the request of Mr Norwood Thompson , the developer of Portofino Mr Sigmon stated Mr Thompson had intentions to expand Portofino but was limited due to the secondary full service access requirements in the ordinance Mr Sigmon stated from the discussions with Mr Thompson , the Planning Board is recommending adding the following language to the ordinance “ In lieu of installation of a second full service access , a dedicated emergency vehicle access must be approved by the Planning Board and constructed as described above with a full service access approved by the Planning Board planned within the subdivision proposal for future development ” Mr Sigmon stated the amendment would allow the Planning Board interpretive authority to grant additional emergency accesses in lieu of a second full service access up to a certain point Mr Sigmon stated this would allow flexibility for developers but still allow for a cutoff at a more appropriate point Commissioner DeVan Barbour stated the amendment would allow for an option to have some kind of access for emergency vehicles Chairman Jeffrey P Carver stated the secondary access requirement came about after Hurricane Fran when emergency vehicles could not access the back of large subdivisions for those that needed assistance Commissioner Allen L Mims , Jr noted this is similar to when the Board approved the secondary access for Grifols and Novo Nordisk in that the access point is not to be used all the time , but could be used during times of emergencies when needed County Attorney David Mills reported the amendment would allow development to continue on larger subdivisions , although they will still have to plan for a full service secondary access at the appropriate time There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board adopted the following ordinance amendment Section 14 - 226 Access and circulation e Subdivision access A second full - service access built to county standards for the purpose of ingress and egress or emergency access easement will be required when meeting or exceeding the following thresholds For subdivisions proposing between 100 and 200 lots , the developer has the option of providing a second full - service access built to county standards for the purpose of ingress and egress or a dedicated emergency vehicle access This emergency vehicle access is to be constructed of any all - weather surface and kept cleared at all times in case the main entrance is blocked and emergency vehicles need to access the development PagePage pageNumber5830 February 3 , 2014 – 6 00 pm Continued For subdivisions proposing 201 lots or more , a second full - service access built to county standards for the purpose of ingress and egress will be required In lieu of installation of a second full service access , a dedicated emergency vehicle access must be approved by the Planning Board and constructed as described above with a full service access approved by the Planning Board planned within the subdivision proposal for future development Note For determining when a second access is required , the count will be cumulative 5 Call for Public Hearing – Ordinance Amendment – Telecommunications Tower The Chairman scheduled a public hearing for the March 3 , 2014 6 00 pm meeting for the purposes of receiving public comment on a proposed amendment to the Johnston County Code of Ordinances – Chapter 14 – Land Development Code , as it relates to the Telecommunications Tower Ordinance Section 14 - 257 o Special Use Permit ; wireless communication receiving transmitting towers cellular towers 6 Manager Reports and Comments A Rural Infrastructure Authority Grant – Economic Infrastructure Grants Program – East Clayton Industrial Area Wastewater Pump Station Project Per staff’s request , upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board adopted the following resolution authorizing the submittal of a grant application to the NC Rural Infrastructure Authority – Economic Infrastructure Grants Program , for the East Clayton Industrial Area Wastewater Pump Station Project AUTHORIZING RESOLUTION BY GOVERNING BODY OF THE APPLICANT Economic Infrastructure Grants Program WHEREAS , the North Carolina Rural Infrastructure Authority RIA has authorized the awarding of grants from appropriated funds to aid eligible units of government in financing the cost of infrastructure activities needed to create jobs ; and WHEREAS , the County of Johnston needs assistance in financing an infrastructure project that may qualify for Rural Grants Programs funding ; and WHEREAS , the County of Johnston intends to request grant assistance for the Johnston County Novo Nordisk Expansion – East Clayton Industrial Area Wastewater Pump Station project from the Economic Infrastructure Grants Program ; NOW THEREFORE BE IT RESOLVED , BY THE JOHNSTON COUNTY BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF JOHNSTON That the County of Johnston will arrange financing for all remaining costs of the project , if approved for a grant That Jeffrey P Carver , Chairman , and successors so titled , is hereby authorized to execute and file an application on behalf of the County of Johnston with the Rural Grants Programs Section for a grant to assist in the above named infrastructure project That Rick Hester , Manager , and successors so titled , is hereby authorized and directed to furnish such information as Rural Grants Programs Section may request in connection with an application or with the project proposed ; to make assurances as contained in the application ; and to execute such other documents as may be required in connection with the application That the County of Johnston has substantially complied or will substantially comply with all federal , state , and local laws , rules , regulations , and ordinances applicable to the project and to the grants pertaining thereto Adopted this date February 3 , 2014 at Smithfield , North Carolina B Reappointments Appointments to Hwy 70 Corridor Commission Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board reappointed Commissioner Ted G Godwin , Princeton Mayor Don Rains , and Mr Frank Price as well as appointed Commissioner Tony Braswell and Wilson’s Mills Interim Town Manager Tom Hogg to the Hwy 70 Corridor Commission C Juvenile Crime Prevention Council Appointment tabled from the 10 00 am meeting Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board appointed Cassandra Williams - Herbert to the Juvenile Crime Prevention Council for a two year term representing General Public to expire on February 28 , 2016 7 Board Reports and Comments None PagePage pageNumber6831 February 3 , 2014 – 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 40 pm Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage