June 6, 2011 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 423 Meeting of the Johnston County Board of Commissioners June 6 , 2011 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , June 6 , 2011 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Allen L Mims , Jr , Vice Chairman Jeffrey P Carver , Cookie Pope , Wade M Stewart , W Ray Woodall , DeVan Barbour , and Tony Braswell 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 Melissa A Daughtry Chairman Allen L Mims , Jr called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comments None 2 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – May 25 and June 1 , 2011 Certified letters were mailed to adjoining property owners on May 23 , 2011 Notices were posted at the locations on March 31 , 2011 for Cases 04 - 18 MOD , 11 - 05 , and 11 - 06 Special Use Case 04 - 18 MOD Case 04 - 18 MOD A request to modify the Special Use Permit for 104 acres zoned Industrial 1 - Special Use District located at 6712 NC Hwy 50 in Elevation Township The modification request is to allow for automotive sales and display The current Special Use Permit allows for industrial equipment and vehicle repair and storage of salvage vehicles and parts Tax ID 07E06055H , 07E06055I Owner Ben F Smith Applicant Michael McCabe It was determined that the applicant was not present for Case 04 - 18 MOD ; 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 later in the meeting , as noted in the minutes following Rezoning Case 11 - 06 The Chairman opened the Rezoning Hearing for Case 11 - 05 Case 11 - 05 Petition to rezone two tracts totaling 4761 acres located at 3636 Holly Grove Road SR 1113 in Meadow Township from Agricultural Residential - Special Use District AR - SUD to Agricultural Residential AR Tax ID 09G15004P , 09G15004Q Owner Applicant Jeffrey L Hamburg Planning Director Berry Gray stated the petition is to rezone two tracts totaling 4761 acres located at 3636 Holly Grove Road in Meadow Township from Agricultural Residential - Special Use District to Agricultural Residential Mr Gray stated the property was formally used as a campground ; however , the owner wishes to downzone the property since the campground is no longer in operation Mr Gray reported there are two existing structures on the property that are constructed to residential code and the applicant would like to sell the site for residential purposes He noted the surrounding land uses are zoned Agricultural Residential and used for such purposes ; General Business – Special Use District for automotive sales and repair ; and Industrial 2 – Special Use District for a sand and gravel mining operation The area is located within a designated “ Agricultural Rural Conservations Area ” on the Johnston County Land Use Plan which denotes areas of low levels of growth pressures anticipated over the next 20 years Applicant Jeffrey Hamburg , 3614 Holly Grove Road , Dunn , reported the campground was closed some years ago and he would like to sell the property Mr Gray reported the Planning Board recommended approval of the rezoning request Page424 June 6 , 2011 – 6 00 pm Continued There being no further comments , the Chairman recessed the Rezoning Hearing for Case 11 - 05 Decision on Rezoning Case 11 - 05 Case 11 - 05 Petition to rezone two tracts totaling 4761 acres located at 3636 Holly Grove Road SR 1113 in Meadow Township from Agricultural Residential - Special Use District AR - SUD to Agricultural Residential AR Tax ID 09G15004P , 09G15004Q Owner Applicant Jeffrey L Hamburg Commissioner Cookie Pope moved the Board approve rezoning case 11 - 05 to rezone two tracts totaling 4761 acres located at 3636 Holly Grove Road in Meadow Township from Agricultural Residential - Special Use District to Agricultural Residential Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 11 - 06 Case 11 - 06 Petition to rezone 112 acres located at 3040 NC Hwy 42 W in Clayton Township from Agricultural Residential AR to Office and Institutional O - I Tax ID 05I04195A Owner Applicant Brian M Smith Planning Director Berry Gray stated the petition is to rezone 112 acres located at 3040 NC Hwy 42 W in Clayton Township from Agricultural Residential to Office and Institutional Mr Gray reported there is a residential dwelling on the property and the applicant wishes to utilize the dwelling for his environmental consulting business office The surrounding land uses are zoned Agricultural Residential and Town of Clayton R - E and used for residential and agricultural purposes ; General Business for a business park ; and Town of Clayton B - 3 for an HVAC contractor’s office Mr Gray stated the proposed zoning for an office use is small scale and a low intensity use The area is located within a designated Primary Growth Area on the County’s Comprehensive Land Use Plan Additionally , the site is in the vicinity of a “ Community Centers ” activity node Applicant Brian Smith , 8208 Brian Court , Garner , explained that he purchased the property last year and he would like to operate his environmental consulting business out of the existing dwelling He clarified that he will not live in the dwelling , only maintain his business office there Mr Smith stated the subject site is located approximately three miles from where he currently lives He explained that most of his clients are engineering firms or governmental agencies such as the Department of Transportation and they would keep standard office hours Mr Smith added that they perform work such as wetland and stream delineation permitting and he currently has one employee Mr Smith stated that he and his employee presently work out of their homes and they would like to have a place for an office and possibly grow the business by adding more employees He stated the business is low key and work is mostly done via e - mail or by them working out in the field and visiting clients Daniel Register , 139 Brady Drive , Clayton , expressed concerns regarding the rezoning request Mr Register stated the site is residential and he referenced nearby commercial property that could be used in the alternate as a business office Mr Register stated his primary concerns with a business being located on the subject site are safety hazards created by an increase of traffic in the area Mr Register stated that although the applicant has stated his intentions are to have an environmental consulting business office in the dwelling , Mr Register questioned what would be allowed on the site in the future if the applicant were to sell the property Robbie Broughton , 267 Brady Drive , Clayton , stated he has mostly the same concerns expressed by Mr Register in the previous comments Mr Broughton reported there are a lot of children that play in the adjacent subdivision and he is concerned over the possible increase in traffic Mr Broughton stated there are other neighbors in the subdivision that have the same concerns and their main concern is what would happen to the property if it were sold by the applicant Chairman Allen L Mims , Jr stated the rezoning request is not for Commercial , but it is for Office and Institutional which is more restrictive than Commercial Chairman Mims added the Board could discuss with the applicant possibly putting a special use on the zoning to address some of the concerns by the neighbors Mr Broughton provided the Board with a history on the property , noting that it was in foreclosure for a longtime and there had been talks by KS Bank to convert it into a commercial property Page425 June 6 , 2011 – 6 00 pm Continued Greg Monroe , representing property owner Vanessa R Beasley who lives at 353 Brady Drive , Clayton , stated he also shares the concerns mentioned by Mr Register and Mr Broughton Mr Monroe stated they hope that the applicant succeeds with his business plans for an environmental consulting business office ; however , they are concerned over what could potentially be located on the site in the future if the applicant moves his business and sells the property At the request of Chairman Mims , Planning Director Berry Gray listed the uses allowed under Office and Institutional and pointed out uses that are prohibited such as gas stations , retail stores , shopping centers , auto repair , car lots , car washes , kennels , vet clinics and mini - storages Mr Gray reported the Planning Board recommended approval of the rezoning request There being no further comments , the Chairman closed the Rezoning Hearing for Case 11 - 06 Further Discussion by the Board Commissioner Jeffrey P Carver stated the Board must consider the concerns by the surrounding landowners and he suggested a special use permit Chairman Allen L Mims , Jr asked Applicant Brian Smith if he would be acceptable to a special use permit that would allow for an environmental consulting business office only Applicant Brian Smith responded that although he was not familiar with the special use permitting process , he would be willing to accept it if the Board required it Mr Smith stated Office and Institutional is the lowest level of zoning He noted the former property owner operated a hauling business on the site and the entire yard is gravel Commissioner Carver stated a special use permit would allow Mr Smith to operate his environmental consulting business office and address the concerns of the surrounding landowners At the inquiry of Chairman Mims , Mr Smith stated the office traffic is minimal and they have clients visit their office approximately once per month in that most of their meetings are held offsite or in the field Commissioner Wade M Stewart asked Planning Director Berry Gray to list some possible conditions that could be discussed for a special use permit Mr Gray stated the Board could consider conditions such as allowing for an environmental consulting business office only ; limiting the number of employees on site ; limiting the hours of operation ; and limiting the number of client visits each week Chairman Mims asked Mr Smith if he would prefer to stay with a straight rezoning request to Office and Institutional or if would he consider a special use permit Mr Smith stated if the conditions are reasonable , he would consider them Chairman Mims stated the surrounding landowners are not concerned with the environmental consulting business office , but rather what would happen to the property if it were sold in the future The Board further discussed possible special use conditions with the applicant At the inquiry of Commissioner Stewart , Mr Gray stated that regardless of whether the Board decided to straight rezone the property to Office and Institutional or to place a special use on it , the applicant would still be required to submit a site plan and apply for driveway permits from the NC Department of Transportation Chairman Mims asked the applicant if he was acceptable to a special use rezoning Mr Smith stated he would accept a special use rezoning Commissioner Stewart noted that if Mr Smith’s plans change in the future , he could always come back to the Board of Commissioners and request a modification Page426 June 6 , 2011 – 6 00 pm Continued Decision on Rezoning Case 11 - 06 Case 11 - 06 Petition to rezone 112 acres located at 3040 NC Hwy 42 W in Clayton Township from Agricultural Residential AR to Office and Institutional O - I Tax ID 05I04195A Owner Applicant Brian M Smith Commissioner Wade M Stewart moved the Board approve rezoning case 11 - 06 to rezone 112 acres located at 3040 NC Hwy 42 W in Clayton Township from Agricultural Residential AR to Office and Institutional – Special Use District Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 11 - 06 Case 11 - 06 To allow for the operation of an environmental consulting business office Owner Applicant Brian M Smith Those wishing to speak on Special Use Case 11 - 06 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 the operation of an environmental consulting business office only At the inquiry of Chairman Allen L Mims , Jr , Daniel Register , 139 Brady Drive , Clayton , stated that he along with the surrounding neighbors just wanted to make sure that their concerns were heard by the Board of Commissioners and they were satisfied those concerns were taken into consideration There being no further comments , the Chairman closed the Special Use Hearing for Case 11 - 06 Upon brief discussion , the Board determined that by limiting the special use permit to the specific request by the applicant for an engineering consulting business office only , additional special conditions were not necessary Decision on Special Use Case 11 - 06 Case 11 - 06 To allow for the operation of an environmental consulting business office Owner Applicant Brian M Smith Based on the findings of facts and special use condition , Commissioner Tony Braswell moved the Board authorize the Planning Department to issue a special use permit for Case 11 - 06 to allow for the operation of an environmental consulting business office on 112 acres located at 3040 NC Hwy 42 W in Clayton Township Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts findings of facts in accordance with the guidelines and regulations in the Johnston County Code of Ordinances , Land Development Code Special Use Conditions 1 Permitted Uses Environmental consulting business office use only Special Use Case 04 - 18 MOD Tabled Until July 5 , 2011 6 00 pm Meeting Case 04 - 18 MOD A request to modify the Special Use Permit for 104 acres zoned Industrial 1 - Special Use District located at 6712 NC Hwy 50 in Elevation Township The modification request is to allow for automotive sales and display The current Special Use Permit allows for industrial equipment and vehicle repair and storage of salvage vehicles and parts Tax ID 07E06055H , 07E06055I Owner Ben F Smith Applicant Michael McCabe It was determined that the applicant was not present for Case 04 - 18 MOD ; therefore , upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board tabled the case until the July 5 , 2011 , 6 00 pm meeting PagePage pageNumber5427 June 6 , 2011 – 6 00 pm Continued 3 RPO TAC Appointments Planning Director Berry Gray explained that the Rural Planning Organization RPO allows for town membership on the Transportation Advisory Committee TAC with one member representing Johnston County , one member representing Smithfield largest town , and two members representing the remaining towns Since only two spots are available for those towns , the Commissioners decided to consider appointments every two years so that all towns could participate , if desired Mr Gray noted currently , the Town of Kenly and the Town of Benson hold seats on this Committee and would rotate off to allow the appointment of representatives from the Town of Selma and Town of Wilson’s Mills ; however , the Town of Benson has notified staff of its desire to be reappointed to this Committee Mr Gray submitted the following names to the Board for their consideration of the RPO TAC Appointments Current membership Benson – Douglas Van Oglesby with Matt Zapp as alt Benson has requested to stay on the RPO TAC Kenly – David Grady with Beverly Knight as alt Other Towns that have requested to be appointed Selma – Charles Hester with Jackie Lacy as alt Wilson’s Mills – Kenneth Jones with Leighanna Worley as alt Mr Gray noted that in addition to the RPO TAC Committee there is also a Technical Coordinating Committee TCC in which the Benson Planning Director serves on ; therefore , if the Board chooses not to reappoint the Benson representatives , the Town of Benson would still have a say in the RPO through the TCC Chairman Allen L Mims , Jr also noted that Benson could still attend the RPO TAC meetings and speak at the meetings to voice their opinion ; however , they would not be allowed to vote Commissioner DeVan Barbour reported Benson has been very active on the RPO TAC Commissioner Tony Braswell asked if the RPO Bylaws allowed for the alternates to be non - elected officials Mr Gray stated non - elected officials are allowed as alternates as long as they are officially appointed by their Town Council to stand in for the designated elected official Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Wade M Stewart , and carried by unanimous vote , the Board appointed the Wilson’s Mills and Selma representatives , as follows , to serve two year terms on the RPO TAC Selma – Charles Hester with Jackie Lacy as alt Wilson’s Mills – Kenneth Jones with Leighanna Worley as alt 4 Manager Reports and Comments A Request for Eminent Domain Authorization – Clearwater Wastewater Pump Station and Force Main Improvements Project Note Minutes were clarified at the September 6 , 2011 6 00 pm meeting to reflect that the Board authorized the County Attorney to proceed with eminent domain , as a last resort , to obtain the outstanding easement on the Southern Region Industrial Realty , Inc parcel which is needed for the East Clayton Industrial Area Water Transmission Improvements Project instead of the Clearwater Wastewater Pump Station and Force Main Improvements Project County Attorney David Mills requested the Board to authorize him to proceed with eminent domain to secure the final two easements needed for the Clearwater Wastewater Pump Station and Force Main Improvements Project Mr Mills stated staff has been working diligently to acquire the necessary easements for the project He noted one of the easements is owned by Mr and Mrs Donald Hall and that negotiations have been unsuccessful Mr Mills stated the second easement needed is owned by Southern Regional Industrial Realty , Inc SRI and staff has been working with Norfolk Southern Railroad to acquire the 4,200 lf easement Mr Mills reported there has been an agreement on everything for the SRI easement except price Mr Mills stated staff would continue to work on acquiring both easements ; however , due to the time sensitive nature of the project , staff requests to have the authority to proceed with eminent domain as a last resort PagePage pageNumber6428 June 6 , 2011 – 6 00 pm Continued At the inquiry of Chairman Allen L Mims , Jr , Public Utilities Director Tim Broome informed the Board that the utility easement located on the SRI site had been designed and would be installed as to allow the railroad to develop spurs over the utility easement area in the future , if needed Commissioner Jeffrey P Carver moved the Board authorize the County Attorney to proceed with eminent domain as a last resort to secure the final two easements needed for the Clearwater Wastewater Pump Station and Force Main Improvements Project Commissioner Wade M Stewart seconded the motion which carried by unanimous vote 5 Board Reports and Comments A Request for Information At the request of Commissioner Cookie Pope from the 10 00 am meeting , the County Manager reported the following information Latest Unemployment Rate for Johnston County 87 Sales Tax Revenues Mr Hester reported the County budgeted 243 million for FY 10 - 11 and anticipates receiving approximately 229 million which is a 5 reduction He noted staff will continue to budget estimated sales tax revenues conservatively Lottery Funds Mr Hester stated that the County budgeted receiving 39 million in lottery funds for FY 11 - 12 ; however , it is anticipated that the County will receive 24 million leaving a deficit of 15 million 6 NC Stop Torture Now Quaker House Chuck Fager , 223 Hillside Avenue , Fayetteville , North Carolina , addressed the Board and provided a written summary of recent events that his organization believes indicates the accountability of those who kidnap and abuse detainees domestically and internationally Allyson Caison , 312 N Massey Street , Selma , North Carolina , addressed the Board and asked each Board member to view a copy of the DVD that she had provided to them at the May meeting entitled “ Ending US - Sponsored Torture Forever ” and let her know any comments they have There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Tony Braswell seconded the motion , which carried by unanimous vote The meeting adjourned at 7 15 pm Allen L Mims , Jr , Chairman Paula G Woodard , Clerk to the BoardPage