November 7, 2011 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 612 Meeting of the Johnston County Board of Commissioners November 7 , 2011 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , November 7 , 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 – October 26 and November 2 , 2011 Certified letters were mailed to adjoining property owners on October 24 , 2011 Notices were posted at the locations on July 5 , 2011 for Case 11 - 15 and August 31 , 2011 for Case 11 - 17 Announcement Regarding Case 11 - 15 Case Withdrawn by the Applicant Case 11 - 15 Petition to rezone 1 acre located at 14391 NC Hwy 39 in O’Neals Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 11M01039 Owner Charles and Sandra Watkins Applicant Kelvin Brown Chairman Allen L Mims , Jr announced that Case 11 - 15 had been withdrawn by the applicant and would not be heard The Chairman opened the Rezoning Hearing for Case 11 - 17 Case 11 - 17 Petition to rezone 268 acres located at 8313 Cleveland Road in Cleveland Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 06F04039D Owner Applicant Stenson and Ann Lee Planning Director Berry Gray stated the petition is to rezone 268 acres located at 8313 Cleveland Road in Cleveland Township from Agricultural Residential to General Business – Special Use District Mr Gray noted the special use request associated with the rezoning Mr Gray reported the existing land use was previously a grandfathered roofing business The surrounding land uses are zoned Agricultural Residential and used for such purposes ; Community Business – Special Use District for a Christian book store , automotive repair and small engine repair ; and Agricultural Residential – Special Use District for landscape material sales Mr Gray noted the property is located directly across from the C3 Church 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 in the near term Robert Massengill , 4538 Jackson King Road , stated his family owns property immediately adjacent to the subject site as well as directly to the south Mr Massengill stated that the applicant , Mr Lee , operated the roofing business on the subject site for decades which he felt was in harmony with the community Mr Massengill added that the Lee Family is an integral part of the community and the roofing business did not create noise or a visual nuisance Mr Massengill stated the proposed rezoning does create some concern because he is unsure as to exactly what will eventually locate on the site Mr Massengill stated his family is not trying to prevent the rezoning ; however , they would like the Board to place conditions on the rezoning to help protect their property values and preserve the residential way of life in the area Mr Massengill stated he has spoken with the applicants and some of his concerns have been addressed Page613 November 7 , 2011 – 6 00 pm Continued At the request of Commissioner Wade M Stewart , Mr Massengill identified his property on an aerial photograph for the Board Stenson Lee and Jan Langdon son and daughter of the property owners addressed the Board on behalf of their parents and asked for the rezoning request to be approved Mr Lee stated the roofing business had been on the subject site since 1983 ; however , was sold when his father’s health began to decline Mr Lee stated the property surrounds his parent’s residence and that his mother now cares for his invalid father as well as an invalid aunt Mr Lee stated the property consists of an office , workshop , and several detached sheds He noted there is also an existing barber shop which is presently in operation Mr Lee stated there has been a commercial use on the subject site for as long as he can remember and since the roofing business has closed , his parents would like to rezone the property so that if anyone would like to lease the site , it would be in compliance Ms Langdon stated at the present time , they do not have any prospective tenants Chairman Allen L Mims , Jr asked if a business would be able to operate with the Lee Family living directly adjacent Mr Lee responded that they have discussed possible tenants for the site and because his parents intend to live there , they are adamant that the use will not be obnoxious and will not disturb them or generate a lot of dust , traffic , or noise Chairman Mims noted that the rezoning , if approved , would remain with the property forever and the applicants could come back and request amendments in the future Commissioner Tony Braswell pointed out to Mr Lee and Ms Langdon that if the rezoning is approved , there would be tax consequences Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman closed the Rezoning Hearing for Case 11 - 17 Decision on Rezoning Case 11 - 17 Case 11 - 17 Petition to rezone 268 acres located at 8313 Cleveland Road in Cleveland Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 06F04039D Owner Applicant Stenson and Ann Lee Commissioner Cookie Pope moved the Board approve rezoning case 11 - 17 to rezone 268 acres located at 8313 Cleveland Road in Cleveland Township from Agricultural Residential to General Business – Special Use District Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 11 - 17 Case 11 - 17 To allow for uses as permitted in the general business district ; excluding automotive boat sales repair parts , bar club , campground , kennel , mobile home sales storage , theater ; but may include building material supplies , wood working machine welding shop , and upholstery shop Owner Applicant Stenson and Ann Lee Those wishing to speak on Special Use Case 11 - 17 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 uses as permitted in the general business district ; excluding automotive boat sales repair parts , bar club , campground , kennel , mobile home sales storage , theater ; but may include building material supplies , wood working machine welding shop , and upholstery shop Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 11 - 17 on August 1 , 2011 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 Page614 November 7 , 2011 – 6 00 pm Continued • 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 20 , 2011 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 11 - 17 and made the following recommendations Upon a motion by Mr Gathers to approve the rezoning , seconded by Mr DeLaine and carried by a unanimous vote of 8 - 0 , the Planning Board recommended approval of Rezoning for Case 11 - 17 Upon a motion by Mr Letchworth to approve the Special Use Conditions with the change of hours to 6am , seconded by Mr Smith , carried by a unanimous vote of 8 - 0 , the Planning Board recommended approval of the Special Use Conditions for Case 11 - 17 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 Currently on the site is an existing commercial structure that is 1,300sf We do not intend to add on to this structure at this time Staff The applicant will be subject to special use conditions , and shall utilize existing commercial buildings on site 2 That the use of 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 will comply with the use and intensity rules as set forth by the land development code in effect in Johnston County Staff The use shall comply with the use and intensity regulations as set forth in the Land Development Code , and uses will be similar to pervious uses of the property 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 intend that any business would have regular business hours only 7am - 10pm as a standard Any business located here would not be detrimental to any neighboring properties and shall be similar to the scale of business previously operated Staff Uses shall be similar to scale , type , and intensity as the pervious use ; and shall maintain regular business hours ; these along with the other special use conditions 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 The property is located in a rapidly and large growing part of Johnston 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 To allow for uses as permitted in the general business district ; excluding automotive boat sales repair parts , bar club , campground , kennel , mobile home sales storage , theater ; but may include building material supplies , wood working machine welding shop , and upholstery shop Special Use Conditions 1 Permitted Uses To allow for uses as permitted in the general business district ; excluding automotive boat sales repair parts , bar club , campground , kennel , mobile home sales storage , theater ; but may include building material supplies , wood working machine welding shop , and upholstery shop 2 The Special Use Permit shall expire 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 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class B buffer 5 Outdoor storage shall be enclosed by an opaque fence 6 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 7 Signage must comply with the signage code 8 Hours of operation shall be Monday - Sunday 6 00am - 10pm 9 Any outdoor lighting must be designed as to not shine onto adjacent properties Mr Gray listed and reviewed each of the special use conditions with the Board and discussed the uses that would be allowed , if approved Mr Gray explained that special use permits are site plan specific which means that what is presently shown on the site plan in the agenda packet is what presently exists on the site He added that if someone wishes to tear down the existing buildings and build something completely new , it would require a modification to the special use permit which would come back before the Board Page615 November 7 , 2011 – 6 00 pm Continued Commissioner Cookie Pope noted the requested hours of operation on the application were different from what was approved by the Planning Board and asked for more information Mr Gray stated the hours of operation were discussed at the Planning Board meeting and the Lee Family noted the former roofing business opened at 6 00 am and requested the Planning Board to recommend hours of operation that mirrored the original roofing business Stenson Lee and Jan Langdon son and daughter of the property owners stated they have no prospects at the present time to rent the property Mr Lee stated as far as buffering requirements , there is a substantial hardwood buffer on two sides which will remain and the remaining buffering requirements would be met Mr Lee reported they would comply with the conditions Upon questions by Chairman Allen L Mims , Jr , Mr Lee stated his parents are acceptable of the proposed hours of operation in the special use conditions , noting that the Planning Board had suggested asking for the extended hours to avoid having to come back and extend the hours for a specific business Mr Lee stated they understand that if a business wanted to tear down the existing structures and rebuild , they would have to come back to the Board for approval Mr Lee stated the list of proposed uses was chosen by his mother when they met with Planning staff a few months ago Robert Massengill , 4538 Jackson King Road , stated it appears that most of his family’s concerns have been addressed Mr Massengill stated he is concerned about a business being allowed to operate on Sundays and that 10 00 pm seems late for a residential neighborhood Mr Massengill requested the Board to revise the hours of operation allowing for Monday through Saturday 6 00 am until 8 00 pm and no Sunday hours Mr Massengill stated regarding visual , it appears that the buffer requirement and the opaque screening requirement will address those concerns Mr Massengill spoke on issues they have had with flooding since the construction of the C3 Church during significant rainfalls He noted the C3 Church and the subject site both drain directly across his property and many times his field is turned into standing water Mr Massengill stated the drainage issue with C3 Church is another matter ; however , if additional development is allowed on the subject site , he would like to make sure that the stormwater matter is addressed to avoid additional flooding Chairman Mims stated the subject site presently consists of gravel and asked if the applicant wants to asphalt the site , would they have to come back for further approvals Mr Gray reported the applicant could do some concrete work on the site over the existing gravel areas He noted that gravel is considered impervious so adding concrete over gravel would not require the applicant to come back before the Board unless they developed on a new grass area Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 11 - 17 Further Discussion by the Board Commissioner Jeffrey P Carver stated it appears that the applicants and the neighbors have done a lot of communicating to work out their issues He suggested amending the hours of operation to reflect Monday through Saturday 6 00 am until 8 00 pm and perhaps on Sunday from 12 00 pm until 6 00 pm Commissioner Tony Braswell agreed with Commissioner Carver stating the Board needed to take the applicants as well as the surrounding property owners into consideration Commissioner DeVan Barbour noted that if the applicants had a specific use that required different hours of operation in the future , they could always come back to the Board Commissioner Barbour asked the County Manager to check into the drainage issue raised by Mr Massengill Decision on Special Use Case 11 - 17 Case 11 - 17 To allow for uses as permitted in the general business district ; excluding automotive boat sales repair parts , bar club , campground , kennel , mobile home sales storage , theater ; but may include building material supplies , wood working machine welding shop , and upholstery shop Owner Applicant Stenson and Ann LeePagePage pageNumber5616 November 7 , 2011 – 6 00 pm Continued Based on the findings of facts and revised special use conditions with revisions to the hours of operation as listed in the conditions below , Commissioner Jeffrey P Carver moved the Board authorize the Planning Department to issue a special use permit for Case 11 - 17 to allow for uses as permitted in the general business district ; excluding automotive boat sales repair parts , bar club , campground , kennel , mobile home sales storage , theater ; but may include building material supplies , wood working machine welding shop , and upholstery shop on 268 acres located at 8313 Cleveland Road in Cleveland Township Commissioner Tony Braswell 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 To allow for uses as permitted in the general business district ; excluding automotive boat sales repair parts , bar club , campground , kennel , mobile home sales storage , theater ; but may include building material supplies , wood working machine welding shop , and upholstery shop 2 The Special Use Permit shall expire 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 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class B buffer 5 Outdoor storage shall be enclosed by an opaque fence 6 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 7 Signage must comply with the signage code 8 Hours of operation shall be Monday - Saturday 6 00 am – 8 00 pm and Sunday 12 00 pm – 6 00 pm 9 Any outdoor lighting must be designed as to not shine onto adjacent properties 3 Discussion - Panhandling County Attorney David Mills stated the Board has had several discussions regarding a possible panhandling ordinance for Johnston County Mr Mills stated panhandling ordinances for counties are not plentiful in that typically it is cities and towns that have adopted such ordinances He noted however , that Wake County did adopt an ordinance earlier in the day for panhandling Mr Mills submitted a possible draft ordinance to the Board for their review Mr Mills stated the draft ordinance would prohibit “ aggressive panhandling ” , define terms , and would also require panhandlers to obtain a permit Mr Mills briefly reviewed the draft ordinance with the Board Chairman Allen L Mims , Jr stated the proposed ordinance is something the Board could start with and he asked if staff could draft an application for a panhandling permit Mr Mills stated staff would put a draft application together for the Board’s review Commissioner Tony Braswell asked how the ordinance would affect the towns Mr Mills stated the County’s ordinance would stop at the corporate limits Chairman Mims clarified that such an ordinance would apply to the ETJ areas of the towns because the enabling legislation for ETJ’s does not pertain to nuisance laws Mr Mills stated if the County were to adopt a panhandling ordinance , he would hope the towns would follow in an effort to have coordination Commissioner Wade M Stewart asked about the downside of adopting a panhandling ordinance Commissioner Cookie Pope commented there could be additional expenses involved for the Sheriff Sheriff Steve Bizzell spoke on the application process and stated it may be helpful to have the identification information on the panhandlers to help with enforcement Following further discussion , the Chairman called for a public hearing to be held at the December 5 , 2011 6 00 pm meeting to allow for public comment on a possible ordinance amendment with regards to panhandling and the Board agreed by consent Chairman Mims instructed staff to prepare a draft application for the Board’s consideration and he also asked the Sheriff to provide any additional information to the Board that would be helpful PagePage pageNumber6617 November 7 , 2011 – 6 00 pm Continued 4 Manager Reports and Comments None 5 Board Reports and Comments A Proclamations – Alzheimer’s Disease Awareness Month and Family Caregiver Month Chairman Allen L Mims , Jr asked if everyone had taken a moment to review the proclamations submitted by Ms Kathy Greenwood at the 10 00 am meeting during Public Comment Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner DeVan Barbour , and carried by unanimous vote , the Board adopted the following two proclamations ALZHEIMER’S DISEASE AWARENESS MONTH 2011 A PROCLAMATION WHEREAS , Alzheimer’s disease is a progressive degenerative disease of the brain causing deterioration in memory and thinking , as well as judgment and reasoning ability ; it also affects behavior , emotions and the ability to perform self - care ; and WHEREAS , according to the Center for Disease Control and Prevention , Alzheimer’s is the 6th leading cause of death for American adults and the 5th leading cause of death of adults age 65 and older ; and WHEREAS , over 5 million people in the United States are living with Alzheimer’s and , according to the Alzheimer’s Reading Room , more than 1,250 Americans are diagnosed daily and 8,764 are diagnosed weekly ; and WHEREAS , more than half of all Americans know someone who has or had Alzheimer’s ; and WHEREAS , Alzheimer’s disease costs the United States 100 billion per year in diagnosis , extended care , family caregiver illness and lost wages , according to the National Institute on Aging ; and WHEREAS , November 3 , 2011 , marks the statewide 6th Annual Candlelight Reflection honoring lives affected by Alzheimer’s ; and WHEREAS , the Johnston County Board of Commissioners recognizes individuals , families , friends and caregivers dealing with the devastating effects of Alzheimer’s disease , the researchers who are seeking a cause or causes and cure , and the educational programs and support services provided by North Carolina Alzheimer’s organizations ; NOW , THEREFORE , We , the Johnston County Board of Commissioners , do hereby proclaim November 2011 , as “ ALZHEIMER’S DISEASE AWARENESS MONTH ” in Johnston County , North Carolina , and commend its observance to all citizens Adopted this the 7th day of November 2011 FAMILY CAREGIVER MONTH 2011 A PROCLAMATION WHEREAS , each year almost one quarter of North Carolinians report providing regular care and assistance to a family member or friend , and the number of older adults who will need assistance with daily activities is expected to grow substantially during the next decades ; and WHEREAS , caregivers in Johnston County are diverse in their characteristics and circumstances but share the common goal of enabling their family member or friend to remain active in the community whenever possible , and should be able to enter into their caregiver role with the knowledge and assurance that they can call upon the business , faith , medical , and human service communities to assist with information , counseling , respite , and formal service when needed ; and WHEREAS , Johnston County businesses are realizing the value of providing support to employees who are family caregivers , because care - giving often comes with great personal sacrifice in terms of financial security and social supports , as well as physical and emotional health ; and WHEREAS , the Johnston County Board of Commissioners ’ support of family caregivers is an essential investment for the future of North Carolina’s long - term care system and workforce ; and WHEREAS , the Johnston County Board of Commissioners , the North Carolina Division of Aging and Adult Services , area agencies on aging , and many other organizations are committed to increasing the awareness of caregivers ’ needs and continue to press forward in addressing these concerns ; and WHEREAS , the Johnston County Board of Commissioners joins the nation in declaring November 2011 as Family Caregiver Month to honor and support the tremendous contributions family caregivers makePagePage pageNumber7618 November 7 , 2011 – 6 00 pm Continued each day , and to spotlight the fact that most people who need care rely on family and friends for their support NOW , THEREFORE , We , the Johnston County Board of Commissioners , do hereby proclaim November 2011 as “ FAMILY CAREGIVER MONTH ” in Johnston County and urge all citizens to acknowledge and support family , friends , and neighbors that are helping those who are in need Adopted this the 7th day of November 2011 There being no further business , Commissioner W Ray Woodall moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 6 50 pm Allen L Mims , Jr , Chairman Paula G Woodard , Clerk to the BoardPage