January 5, 2015 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 371 Meeting of the Johnston County Board of Commissioners January 5 , 2015 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , January 5 , 2015 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Tony Braswell , Vice Chairman DeVan Barbour , Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , 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 Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Tony Braswell 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 24 and 31 , 2014 Certified letters were mailed to adjoining property owners on December 19 , 2014 Notices were posted at the locations on November 4 , 2014 for Cases 14 - 03 MOD and 14 - 25 The Chairman opened the Special Use Hearing for Case 14 - 03 MOD Case 14 - 03 MOD Petition to modify a Special Use Permit for 669 acres zoned General Business – Special Use District GB - SUD located at 6275 NC Hwy 50 in Elevation Township The modification request is to add a flea market and bingo to the existing Special Use Permit Tax ID 07E07199K Owner Roger Dale Williams and Cynthia R Williams Applicant Roger Dale Williams Those wishing to speak on Special Use Case 14 - 03 MOD were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to modify a special use permit for 669 acres zoned General Business – Special Use District located at 6275 NC Hwy 50 in Elevation Township The modification request is to add a flea market and bingo to the existing special use permit Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 14 - 03 MOD 2 on September 29 , 2014 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 , storm water 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 18 , 2014 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 14 - 03 MOD 2 and made the following recommendations Upon a motion by Mr Smith to approve the Modification of Case 14 - 03 with the change in the hours to Mon - Sun , 8am - 10pm , seconded by Ms Hackler , Modification for Case 14 - 03 was approved based on the following findings of fact and conditions with a unanimous vote of 6 - 0 StatementPage372 January 5 , 2015 – 6 00 pm Continued This request is consistent with the Comprehensive Land Use Plan in that the site is located near a commercial activity node and the use can be limited in scope with 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 affect the public 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 Operate from an existing commercial facility Do not anticipate any negative impact on existing facility or community Staff The applicant is proposing to operate in an existing commercial facility 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 This facility has ample parking for the intended use and will not negatively affect the other businesses in the center 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 Flea Market Bingo Establishment Staff The proposed uses are located within an existing commercial facility This , along with the special use conditions , will maintain the value of contiguous properties 4 That the use or development conforms to 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 Our intended use is part of an existing complex and the complex is located in a growing part of the county 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 Add Flea Market and Bingo in addition to the permitted uses in the General Business District to exclude certain uses Special Use Conditions 1 Permitted Uses To allow for the operation of a Flea Market and Bingo in addition to the permitted uses in the General Business District except those excluded below 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 screening 7 All signage must comply with the sign code as stated in Section 14 - 509 8 The following uses shall NOT be permitted in this General Business Special Use District a Bar Club b Business – Convenience Store c Campgrounds - Travel Trailer Parks d Day Care , Home – Child e Dry Cleaning Establishment f Funeral Home g Hospital h Hotel i Libraries Museums Art Galleries j Nursing Home k Recreation – Outdoor l Retail Center m Rifle , Skeet & Trap n Theater 9 All outdoor display and or sales shall be located no closer to the road than the existing office building 10 Hours of Operations shall be Mon - Sun 8am – 10pm for flea market and bingo operations Mr Gray stated the existing special use permit was approved several years ago for mini - storage and uses within the General Business District with certain exclusions as listed in the conditions contained in the summary of evidence Mr Gray reviewed the special use conditions with the Board specifically noting the recommended changes by the Planning Board to accommodate the modification At the inquiry of Commissioner Allen L Mims , Jr , Mr Gray reported there were no previous restrictions on the hours of operation Page373 January 5 , 2015 – 6 00 pm Continued Tracy Beasley , 3121 NC 242 S , Benson , representing the applicant , Roger Dale Williams , offered to answer any questions Upon a question by Commissioner Cookie Pope , Ms Beasley stated Mr Williams would like to request a change in the hours of operation to extend the Friday and Saturday evening hours to 12 00 am for bingo Chairman Tony Braswell asked Ms Beasley if Mr Williams understood the remaining proposed special use conditions Ms Beasley responded that Mr Williams agrees to the remaining proposed special use conditions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the modification based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions Upon a question by Commissioner Ted G Godwin , Mr Gray reported the nearest house is located approximately 900 feet away There being no further comments , the Chairman closed the Special Use Hearing for Case 14 - 03 MOD Decision on Special Use Case 14 - 03 MOD Case 14 - 03 MOD Petition to modify a Special Use Permit for 669 acres zoned General Business – Special Use District GB - SUD located at 6275 NC Hwy 50 in Elevation Township The modification request is to add a flea market and bingo to the existing Special Use Permit Tax ID 07E07199K Owner Roger Dale Williams and Cynthia R Williams Applicant Roger Dale Williams Based on the findings of facts and revised special use conditions changing the hours of operation to extend the hours to 12 00 am on Friday and Saturday for bingo , Commissioner DeVan Barbour moved the Board approve the petition to modify a special use permit for 669 acres zoned General Business – Special Use District located at 6275 NC Hwy 50 in Elevation Township to add flea market and bingo to the existing special use permit Commissioner Cookie Pope seconded the motion which carried by unanimous vote 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 Operate from an existing commercial facility Do not anticipate any negative impact on existing facility or community Staff The applicant is proposing to operate in an existing commercial facility 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 This facility has ample parking for the intended use and will not negatively affect the other businesses in the center 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 Flea Market Bingo Establishment Staff The proposed uses are located within an existing commercial facility This , along with the special use conditions , will maintain the value of contiguous properties 4 That the use or development conforms to 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 Our intended use is part of an existing complex and the complex is located in a growing part of the county 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 Add Flea Market and Bingo in addition to the permitted uses in the General Business District to exclude certain uses Page374 January 5 , 2015 – 6 00 pm Continued Special Use Conditions 1 Permitted Uses To allow for the operation of a Flea Market and Bingo in addition to the permitted uses in the General Business District except those excluded below 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 screening 7 All signage must comply with the sign code as stated in Section 14 - 509 8 The following uses shall NOT be permitted in this General Business Special Use District a Bar Club b Business – Convenience Store c Campgrounds - Travel Trailer Parks d Day Care , Home – Child e Dry Cleaning Establishment f Funeral Home g Hospital h Hotel i Libraries Museums Art Galleries j Nursing Home k Recreation – Outdoor l Retail Center m Rifle , Skeet & Trap n Theater 9 All outdoor display and or sales shall be located no closer to the road than the existing office building 10 Hours of Operations shall be Monday – Sunday 8am – 10pm with hours for bingo extended on Friday and Saturday to 12am The Chairman opened the Rezoning Hearing for Case 14 - 25 Case 14 - 25 Petition to rezone 403 acres of a 107 acre tract located at 611 Driver Road SR 1731 in O’Neals Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 11M04010D Owner Rogelio Magana Avila and Rosa Vincent Avila Applicant Rogelio Magana Avila Planning Director Berry Gray stated the petition is to rezone 403 acres of a 107 acre tract located at 611 Driver Road in O’Neals Township from Agricultural Residential to General Business – Special Use District He noted the accompanying special use permit request is to allow for an event center and outdoor rodeo area Mr Gray stated the property is presently vacant The surrounding land uses are zoned Agricultural Residential and used for such purposes Mr Gray reported there are no commercial uses in the immediate area and the area is located within a designated “ Agricultural Rural Conservations Area ” on the County’s Comprehensive Land Use Plan which denotes areas of low levels of growth pressures anticipated over the next 20 years These areas should be considered for rural conservation and agricultural preservation programs Mr Gray continued that Driver Road is a dead - end road and the path off Driver Road that accesses the subject site cuts through neighboring properties He noted the location of Driver Road on the aerial photograph for the Board , pointing out the location of the path and the subject site Mr Gray stated the path appears to be an unimproved 50 ft access easement which means the path is not paved Mr Gray stated staff has concerns with the potential impacts to neighboring property due to increased traffic on the unimproved path He stated to the best of staff’s knowledge there has been no additional easement agreement for increased use of the path that would accommodate commercial type activity Upon a question by Commissioner Allen L Mims , Jr , Mr Gray confirmed the path is designated for the ingress and egress of property owners in the subject area only Katherine Sherrill , 196 Driver Road , Middlesex , spoke representing the applicant , Rogelio Magana Avila Ms Sherrill stated the applicant would like to construct a building on the property to have an event center and once a year in October he would like to have an outdoor rodeo She stated the event center would host small parties and the applicant does not feel the noise would be excessive She stated small parties would consist of birthday parties , baptisms , etc for friends and family Chairman Tony Braswell asked if the applicant planned to have vendors on the property PagePage pageNumber5375 January 5 , 2015 – 6 00 pm Continued Applicant Rogelio Magana Avila , 6275 NC Hwy 50 N , Benson , spoke through Ms Sherrill for language interpretation Ms Sherrill stated the applicant reports no vendors would be allowed on the property and those attending the events would bring their own items for the parties Ms Sherrill stated the parties would be attended by approximately 100 people and the applicant plans to build a parking lot area Ms Sherrill stated the applicant plans to construct a 60 x 60 building in the beginning but in the future may ask to build a larger building Commissioner DeVan Barbour asked if there would be alcohol on the site Ms Sherrill stated the applicant reports he would not want to have problems and would make sure everyone acted in a respectful manner At the inquiry of Commissioner Chad M Stewart , Ms Sherrill stated the applicant does not live on the site Chairman Braswell asked if the applicant was aware of the access issues to the site and had there been any meetings held with the neighbors on the request Ms Sherrill stated the applicant reports if the request is approved , he plans to add gravel to upgrade the path so cars can travel at ease Ms Sherrill stated the applicant has not met with any of the neighbors Attorney Robert Hedrick stated he recently purchased property south of the subject site in anticipation of retiring in the area when he retires Mr Hedrick stated he purchased the land because it is in a rural area and he does not want to live next to a rodeo or event center Mr Hedrick stated he was told by another neighboring property owner , that there was a party recently held in the area by relatives of the applicant and the Sheriff’s Office had to be called three times due to noise from that party Mr Hedrick stated if the request is approved he does not want to live there He added the path is not maintained and was not made to handle heavy use Mr Hedrick stressed the property is in an existing residential area and should not be rezoned for a commercial use Belinda Pence , 9485 C NC Hwy 39 , Middlesex , stated she lives just behind the subject site and they are opposed to the rezoning request Ms Pence stated they have concerns with possible trespassers on their land , loud noise , alcohol use , trash and debris , people riding horses on their land without permission , fires in the woods , outdoor grills , etc Ms Pence stated the proposed use is not compatible with the residential area and it will disrupt their lives Ms Pence stated they have lived there for 33 years She stated regarding the previously mentioned party by Mr Hedrick , she was one of the people that called the Sheriff’s Office because the noise was so loud Penny Gibbs Barbosa , 8428 NC Hwy 39 , Middlesex , stated they live within two miles of the subject site and have family that own property just east of the site and they frequent the area often Ms Barbosa provided the Board with a background on her family’s former involvement with horse related events and she stated there would be a lot of people going to the subject site and there will be alcohol use , drug use , etc Ms Barbosa stated because of some of the activities that go on at such events they no longer participate in them Belinda O’Neal , 615 Driver Road , Middlesex , stated she has lived on her property for twenty years and has never had any problems until recently Ms O’Neal spoke on the condition of the path noting it was already bad , but when the adjacent area was logged out the path became much worse Ms O’Neal stated she is opposed and she along with her neighbors does not want the use in their neighborhood Ms O’Neal stated the path will not accommodate what the applicants are proposing She noted the location of her property and how it is accessed on the aerial photograph for the Board Gerald Johnson , 9172 Edgerton Road , Spring Hope , North Carolina , stated he along with his brother own property at Driver Road He noted the location of the property on the aerial photograph for the Board Mr Johnson stated they own the property that starts the easement right - of - way Mr Johnson explained his mother owned the property before him and his brother and she gave right - of - way to Belinda O’Neal for the purposes of Ms O’Neal running power to her property to build a house Mr Johnson stated the right - of - way was not intended to be a public easement or a road for public use Mr Johnson stated he has concerns with the liability from large groups of people using the unimproved easement access traveling to the subject site for parties Mr Johnson also expressed concerns with the risk of forest fires , people riding horses on surrounding land , noise , trash , etc and stated the proposed use is not right for the area Alan Johnson , brother to Gerald Johnson , stated the use calls for events to occur every day to the week throughout the year and he spoke on his concerns with people using the unimproved access to get to the subject site PagePage pageNumber6376 January 5 , 2015 – 6 00 pm Continued Lisa Batten Jarvis , 9485 F NC Hwy 39 , Middlesex , stated they built their home in the subject area because it was family land and they wanted a quiet place to live and raise their children Ms Jarvis stated the land has been in her family for 75 years Ms Jarvis stated their property is accessed from Hwy 39 , and the path they live on does adjoin the path used by Belinda O’Neal and the subject site Ms Jarvis stated she has young children and there are other families with young children on Driver Road and she is concerned for their safety as well as the possibility of people visiting the subject site and then trespassing on surrounding properties Ms Sherrill readdressed the Board and stated the party that was mentioned earlier in the meeting was over by 10 00 pm and although the police did visit , they visited in the early afternoon hours Dennis Nielsen , 9485 B NC Hwy 39 , Middlesex , stated he lives in the area and the people that have spoken and live there are good people Mr Nielsen stated he enjoys living in the area and he asked the Board of Commissioners to listen to the concerns by the neighboring property owners At the inquiry of Chairman Braswell , approximately 35 people in the audience raised their hands in opposition to the rezoning request an accurate count was not taken There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended denial of the rezoning based on the fact that the request is not consistent with the Comprehensive Land Use Plan and that the use would create a potential hardship on adjacent properties owners due to increased traffic on the unimproved path as well as concerns with incompatibility of the use with neighboring properties Mr Gray stated the Planning Board submitted a recommended Resolution Adopting a Statement of Consistency for denial to the Board of Commissioners for consideration which is included as part of the agenda packet Upon a question by Commissioner Jeffrey P Carver , Mr Gray stated the request did not come in as a violation There being no further comments , the Chairman closed the Rezoning Hearing for Case 14 - 25 Decision on Rezoning Case 14 - 25 Case 14 - 25 Petition to rezone 403 acres of a 107 acre tract located at 611 Driver Road SR 1731 in O’Neals Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 11M04010D Owner Rogelio Magana Avila and Rosa Vincent Avila Applicant Rogelio Magana Avila Commissioner Allen L Mims , Jr , moved the Board adopt the following Statement of Consistency Resolution for Case 14 - 25 Commissioner Ted G Godwin seconded the motion which carried by unanimous vote RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement as to whether the amendment is consistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 11M04010D located at 611 Driver Road as shown on the attached Exhibit A , from Agricultural Residential AR to General Business - Special Use District GB - SUD WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is not consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners deny the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to adopt a statement describing why the adoption of the proposed amendment is not consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to not be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT PagePage pageNumber7377 January 5 , 2015 – 6 00 pm Continued 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is not consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment is not reasonable due to incompatibility with Objective 2C Reduce the possibility of incompatible use 2 This Board finds and determines that it is not reasonable and in the public interest to adopt the proposed amendment because a The amendment creates a potential hardship on adjacent properties due to the increased traffic along an unimproved path th Adopted this the 5 day of January , 2015 Commissioner Allen L Mims , Jr moved the Board deny Rezoning Case 14 - 25 to rezone 403 acres of a 107 acre tract located at 611 Driver Road in O’Neals Township from Agricultural Residential to General Business – Special Use District Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote 3 Manager Reports and Comments A Additional Recreational Open Space Fund Disbursements County Manager Rick Hester reported when the Recreation Open Space Funds were distributed back in September 2014 , the Greater Cleveland Athletic Association had applied for three projects 1 lighting improvements project ; 2 road repaving project ; and 3 gym roof replacement project Mr Hester stated , per staff’s recommendation , the Board awarded funds in the amount of 76,000 for the lighting improvements project and the road repaving project which left approximately 178,000 remaining He stated staff had requested the Board to hold off on making a decision with regards to the gym roof replacement project until the County could evaluate the roof and determine its condition , since the property is owned by the County Mr Hester reported staff has had the roof evaluated and has determined it does need replacing ; therefore , he requested the Board to consider allocating up to 125,000 from the Recreation Open Space Fund from the Cleveland High School District distribution for the roof replacement project Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Chad M Stewart , and carried by unanimous vote , the Board approved the allocation of up to 125,000 from the Recreation Open Space Fund – Cleveland High School District distribution for the Cleveland gym roof replacement project Commissioner DeVan Barbour also reported the Town of Benson would like for the Board to consider allocating funding in the amount of 20,000 for new restrooms at the Benson gym He stated the Town’s application came in late for the first round of funding and they were the only group that did not receive any funding in the first distribution , but the project is very much needed Commissioner Jeffrey P Carver also noted the Board is being asked to consider allocating 10,000 towards the Archer Lodge Community Center project in that they are negotiating for land for a park Mr Hester reported the Archer Lodge area was a part of the Corinth Holder High School District which unlike the Cleveland High School District who only had one recreation group to draw on those funds , the Corinth Holder District had four groups who applied for money and there was less money to go around Following discussion , upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved an allocation of 20,000 for the Town of Benson’s project and 10,000 for the Archer Lodge Community Center from the Recreation Open Space Fund – Countywide distribution 4 Board Reports and Comments NonePagePage pageNumber8378 January 5 , 2015 – 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 7 05 pm Tony Braswell , Chairman Paula G Woodard , Clerk to the BoardPage