November 1, 2010 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 160 Meeting of the Johnston County Board of Commissioners November 1 , 2010 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , November 1 , 2010 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Wade M Stewart , Chairman , Allen L Mims , Jr , Vice Chairman , Cookie Pope , Jeffrey P Carver , DeVan Barbour , W Ray Woodall and Tony Braswell Absent None Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , David F Mills , County Attorney , and Melissa A Daughtry , Paralegal Deputy Clerk Chairman Wade M Stewart called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comments A Request from Archer Lodge – Extension of Planning and Law Enforcement Agreements Town of Archer Lodge Mayor Mike Gordon presented a resolution to the Board of Commissioners that was adopted by the Archer Lodge Town Council on October 11 , 2010 He stated that the resolution by Archer Lodge requests the County to approve extensions to the Land Use Planning Agreement until June 30 , 2011 and the Law Enforcement Service Agreement until June 30 , 2012 Mr Gordon reported the Town of Archer Lodge is making improvements towards providing more services ; however , he stated the process is taking longer than expected County Manager Rick Hester stated that he had spoken with Sheriff Steve Bizzell earlier in the day and Sheriff Bizzell indicated he had no issues with extending the Law Enforcement Service Agreement until June 30 , 2012 Mr Hester also stated he had discussed the Land Use Planning Agreement extension with the County’s Planning staff and there were no problems At the inquiry of Commissioner Allen L Mims , Jr , Mayor Gordon stated the Town has appointed a Planning Board and is working on developing a land use map and ordinance Planning Director Berry Gray reported that Archer Lodge utilizes their own Planning Board and Town Council to review land use requests and the County is only providing staff assistance at this point Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Cookie Pope , and carried unanimously , the Board voted to approve the request in the resolution adopted by the Archer Lodge Town Council extending the Land Use Planning Agreement until June 30 , 2011 and the Law Enforcement Service Agreement until June 30 , 2012 B Recognition of Retiring Johnston County Department Heads County Manager Rick Hester recognized Director of Human Resources Pat LaCarter and Director of Child Support Jim Henderson and noted that they would be retiring at the end of the month Mr Hester acknowledged the excellent work that both gentlemen have contributed to the County over the years Both gentlemen spoke on their work with Johnston County and expressed their appreciation to have been a part of Johnston County Government The Board thanked Mr LaCarter and Mr Henderson for their services to Johnston County over the years and wished them well in their upcoming retirements 2 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – October 20 and 27 , 2010 Certified letters were mailed to adjoining property owners on October 18 , 2010 Notices were posted at the locations on August 31 , 2010 for Cases 10 - 16 , 10 - 18 , 10 - 19 , and 10 - 20 The Chairman opened the Rezoning Hearing for Case 10 - 16 Page161 November 1 , 2010 – 6 00 pm Continued Case 10 - 16 Petition to rezone a 056 acre tract located at 11381 NC 42 East in O’Neal’s Township from Agricultural Residential AR to Community Business CB Tax ID 11O03051A Owner Cynthia Brewer Jones Applicant David Brewer Planning Director Berry Gray stated the petition is to rezone a 056 acre tract located at 11381 NC 42 East in O’Neal’s Township from Agricultural Residential to Community Business Mr Gray stated the existing land use is for a single family dwelling The surrounding land uses are zoned Agricultural Residential and used for such purposes as well as Community Business to the east and used for a community store Mr Gray reported the applicant also owns the nearby property zoned Community Business , known as Brewer’s Store , and he envisions expanding in the future The subject area is located within a “ Neighborhood Centers ” activity node in the Comprehensive Land Use Plan Applicant David Brewer was present in the audience for questions Mr Gray stated the Planning Board recommended approval of the rezoning request At the inquiry of Commissioner Allen L Mims , Jr , Mr Gray reported the existing house on the subject site will not be a part of the applicant’s future plans to expand and he intends to remove the existing structure at some point There being no further comments , the Chairman recessed the Rezoning Hearing for Case 10 - 16 Decision on Rezoning Case 10 - 16 Case 10 - 16 Petition to rezone a 056 acre tract located at 11381 NC 42 East in O’Neal’s Township from Agricultural Residential AR to Community Business CB Tax ID 11O03051A Owner Cynthia Brewer Jones Applicant David Brewer Commissioner DeVan Barbour moved the Board approve rezoning case 10 - 16 to rezone a 056 acre tract located at 11381 NC 42 East in O’Neal’s Township from Agricultural Residential to Community Business Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 10 - 18 Case 10 - 18 Petition to rezone 1 acre located at 314 Old Drug Store Road SR 1524 in Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06D01009F Owner Applicant Dorothy Tickle Planning Director Berry Gray stated the petition is to rezone one acre located at 314 Old Drug Store Road in Cleveland Township from Agricultural Residential to General Business Mr Gray stated the existing land use is for a single family dwelling The surrounding land uses are zoned Agricultural Residential and used for residential purposes as well as General Business and Interstate Highway District used for various business and commercial uses Mr Gray reported the applicant wishes to rezone the property for future sale The site 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 Additionally , the site is located near a “ Regional Centers ” activity node Mr Calvin Tickle , on behalf of Applicant Dorothy Tickle , was present in the audience for questions Mr Gray stated the Planning Board recommended approval of the rezoning request There being no further comments , the Chairman recessed the Rezoning Hearing for Case 10 - 18 Decision on Rezoning Case 10 - 18 Case 10 - 18 Petition to rezone 1 acre located at 314 Old Drug Store Road SR 1524 in Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06D01009F Owner Applicant Dorothy TicklePage162 November 1 , 2010 – 6 00 pm Continued Commissioner Cookie Pope moved the Board approve rezoning case 10 - 18 to rezone one acre located at 314 Old Drug Store Road in Cleveland Township from Agricultural Residential to General Business Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 10 - 19 Case 10 - 19 Petition to rezone 1 acre of a 5 acre tract located at 7845 NC Hwy 210 in Elevation Township from Agricultural Residential AR to Community Business - Special Use District CB - SUD Tax ID 07G07005P Owner Ken M and Jo Ellen Clifton Applicant Ken M Clifton Planning Director Berry Gray stated the petition is to rezone one acre of a five acre tract located at 7845 NC Hwy 210 in Elevation Township from Agricultural Residential to Community Business - Special Use District Mr Gray stated the existing land use is for a single family dwelling The surrounding land use is zoned Agricultural Residential and used primarily for residential purposes as well as vacant land Mr Gray noted the special use request associated with the rezoning to allow for automotive sales and display The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan , denoting an area which low moderate levels of growth pressures currently exist or are anticipated over the next 20 years At the inquiry of Chairman Wade M Stewart , Mr Gray reported staff recommended approval and the Planning Board recommended denial Commissioner Cookie Pope asked who owned the property directly behind the subject site Keith Smith , 2515 Lakewood Road , Four Oaks , addressed the Board and pointed out the location of his property on a map indicating that he owned over 100 acres behind the subject site and 22 acres across from the site on NC Hwy 210 which also joins the Forest Oaks Subdivision Mr Smith informed the Board that he did not have a problem with the requested rezoning and he could foresee no negative impacts Mr Smith stated it is refreshing to see someone trying to supplement their income during the tough economic times that everyone is facing Hampton Whittington , Jr , Attorney for Applicant Ken Clifton , stated that Mr Clifton and his father own a construction related business in Garner that specializes in doors , windows , columns , and other woodworking products Mr Whittington explained that their business has suffered due to the declining economy ; therefore , Mr Clifton wishes to supplement his income with the proposed automobile sales business Mr Whittington stated that Mr Clifton owns approximately 50 acres in the area as well as he makes his home there and he would not do anything that would devalue his property or his neighbors Mr Whittington made reference to a letter written by Steve Langdon who is developing a subdivision west of the subject site Langdon Farms and in the letter , Mr Langdon indicated he had no concerns with the proposed use and did not feel it would hurt his subdivision being developed Mr Whittington reported that since the Planning Board meeting , Mr Clifton has revised the driveway plans to address concerns raised by the Planning Board The revised plan indicated that the driveway had been removed from the plan with a proposal to use the existing driveway for Mr Clifton’s house further to the west Mr Whittington stated that Mr Clifton plans to have 10 to 15 cars at the most on the property for sale and most of the sales would be done over the internet Mr Whittington noted that the Department of Motor Vehicles requires an individual to have a separate site and an office in order to obtain a license to sell cars Mr Whittington stated the business would be well screened Mr Whittington added that Mr Clifton plans to have the business open on Monday through Friday from 4 00 pm until dark ; Saturdays from 7 00 am or 8 00 am until dark ; and Sundays from 1 00 pm until dark He stated Mr Clifton intends to keep his regular job in Garner during the day and since most of the sales would take place over the internet , minimal traffic is anticipated There are no plans for nighttime lighting and only minimal signage as required by the Department of Motor Vehicles would be installed Commissioner Allen L Mims , Jr asked that since Mr Clifton intends to sell the majority of the cars over the internet , in order to work with his neighbors , would he consider storing the vehicles at the back of his property rather than at the road Mr Whittington responded that customers still want somewhere they can come and see the cars ; therefore , they would like to have the lot at the front of the property Betsy Massengill , 7469 NC Hwy 210 , Smithfield , stated that her property joins the Clifton property and she could not ask for a better neighbor Ms Massengill stated that Mr Clifton keeps his property neat and picksPage163 November 1 , 2010 – 6 00 pm Continued up trash along the road and she could not see him doing anything that would devalue his property or his neighbors Ms Massengill added the business would be a family business and because she feels other commercial businesses would eventually be coming to the area , she felt it would not be fair to deny Mr Clifton’s request Jason Gipe , 37 Meadow Oaks Circle , Smithfield , asked for everyone in the audience that reside in Lakewood Estates , Forest Oaks Subdivision , or Dell Meadows that had concerns over the rezoning request to raise their hands approximately 40 people in the audience raised their hands in concern Mr Gipe presented two photographs to the Board of the area and spoke on his concerns regarding the lack of a deceleration lane and possible traffic congestion issues Mr Gipe also spoke on his concerns that the proposed use would negatively impact the tax values of the homes in the subdivisions nearby He stated there are over 30 undeveloped lots in Forest Oaks Subdivision as well as more undeveloped lots in Dell Meadows and a commercial business could impact those subdivisions Mr Gipe asked if there was a master plan for development in the area and he also spoke on concerns that customers would want to test drive vehicles through the nearby subdivisions , possibly creating a safety hazard for those that walk At the inquiry of Commissioner Tony Braswell , Mr Gipe reported he had discussed the proposed use with the listing agent from his neighborhood who discussed the matter with a real estate appraiser and the preliminary report from the real estate appraiser indicated that property values would be affected negatively if a used car lot were placed across the street Betty O’Brien , 568 Carolina Oaks Avenue , Smithfield , expressed concerns over the size of the subject site and asked if there was a chance that the business could be expanded to accommodate more cars creating a larger business in the future Ms O’Brien referenced earlier comments by Mr Whittington regarding a letter from Steve Langdon who is developing a subdivision Langdon Farms in the area Ms O’Brien pointed out that Langdon Farms is located at least one mile away from the subject site Chairman Wade M Stewart explained that the Board was presently in the rezoning portion of the hearing and if the rezoning is approved , then specific details such as how many cars would be allowed on the subject site would be discussed during the special use portion Commissioner DeVan Barbour noted that if the rezoning request is approved , then special use conditions could be set to limit the number of cars allowed Ms O’Brien asked if the rezoning is approved , could it lead to the rest of the area being open for commercial development Commissioner Mims explained that if the subject site is rezoned , then it would be rezoned forever until such time as someone else requested and received a different zoning classification Mr Whittington stated that Mr Clifton only intends to have 10 or 15 cars on the site Michael Demitrieff , 381 Carolina Oaks Avenue , Smithfield , stated that he can appreciate the applicant wanting to supplement his income and provide more for his family ; however , he asked the Board to consider that many of the subdivision residents located to the area for the purpose of having a family environment and the thought of having a commercial business located across the street is extremely concerning Mr Demitrieff added that traffic congestion is a great concern to everyone given that there are children in the neighborhoods Mr Demitrieff recalled an earlier suggestion of perhaps locating the business somewhere other than at the front of the property and he asked if the request is approved , for the Board to consider the suggestion Keith Smith readdressed the Board and stated that he has been a longtime resident of the area and that when the Forest Oaks Subdivision was originally proposed , at first he did not want to see it materialize because it infringed on his personal life ; however , he welcomed the growth Mr Smith reiterated that he did not believe Mr Clifton’s proposed car lot would be a problem for the area Larry Green , 50 Carolina Oaks Avenue , Smithfield , informed the Board that he is employed as a loan officer and has done many appraisals Mr Green stated that a business such as a used car lot would devalue the surrounding properties which is concerning to him Todd Hess , 87 Meadow Oaks Circle , Smithfield , noted that the applicant has a business in Garner and he asked if the applicant could put the used car lot at his Garner business location , rather than the subject site PagePage pageNumber5164 November 1 , 2010 – 6 00 pm Continued Mr Gray stated the Planning Board’s recommendation was for denial due to incompatibility with the area Commissioner Braswell asked for Mr Gray to comment if the request could be considered spot zoning , if it were approved , as well as how the area is classified in the County’s Comprehensive Land Use Plan Mr Gray stated in the case of a special use zoning , the special use permit can be designed with specific conditions to limit the use and increase compatibility with the area so as to avoid spot zoning Mr Gray also noted that the subject area is designated within a “ 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 Chairman Stewart asked if staff had any discussions with the applicant on the location of the vehicles on the property Mr Gray responded that staff did not discuss alternate locations on the property for the storage of vehicles He explained that staff reviewed the request prior to public input and staff considered the fact that there was vacant property directly across the street and at the time staff did not foresee any issues during that initial review Mr Gray acknowledged that staff was made aware of the concerns by the public at the Planning Board meeting Commissioner Barbour asked if there was a possibility Mr Clifton would consider relocating where the vehicles are proposed for storage and display on the site Mr Whittington responded that he would have to discuss the issue with Mr Clifton Chairman Stewart stated the Board recognizes there are those in the audience that both favor the proposed use as well as oppose it Chairman Stewart asked if the applicant would like to have the opportunity to take the request back to the Planning Board and possibly revisit the proposed location of the vehicles on the site After conferring with Mr Clifton , Mr Whittington requested the Board to table a decision on the rezoning request and allow Mr Clifton to go back to the Planning Board and see if there are other options Mr Whittington stated Mr Clifton has no desire to upset his neighbors Mr Whittington stated there may not be another area on the site that would work , but Mr Clifton would consider it Following discussion by staff , Mr Gray stated if the applicant wishes to relocate the proposed area to be rezoned , then the request would need to be re - advertised and sent back to the Planning Board in December whereupon the Board of Commissioners would review the request at their January 2011 meeting Mr Gipe asked would the residents be informed as to when the request would come back to the Planning Board and or Board of Commissioners for a decision Staff informed Mr Gipe that notices would be resent to the surrounding properties , in accordance with proper noticing requirements Commissioner Mims asked if Mr Clifton could locate the proposed car lot business in Garner along with his other business Mr Whittington reported it was not possible to combine the two businesses in Garner There being no further comments , the Chairman closed the Rezoning Hearing for Case 10 - 19 Rezoning Case 10 - 19 Tabled Case 10 - 19 Petition to rezone 1 acre of a 5 acre tract located at 7845 NC Hwy 210 in Elevation Township from Agricultural Residential AR to Community Business - Special Use District CB - SUD Tax ID 07G07005P Owner Ken M and Jo Ellen Clifton Applicant Ken M Clifton At the request of the applicant , the Chairman tabled a decision on Rezoning Case 10 - 19 , and the Board agreed by consent PagePage pageNumber6165 November 1 , 2010 – 6 00 pm Continued Staff again advised those in the audience that the rezoning case would be properly re - advertised and notices sent to the surrounding property owners Announcement Regarding Rezoning Case 10 - 20 Case 10 - 20 Petition to rezone a 094 acre tract located at 12143 NC Hwy 50 N in Pleasant Grove Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 13M99015B Owner Wayne T Stephenson Applicant Debbie Jernigan It was determined that the applicant was not present for Rezoning Case 10 - 20 ; therefore , the Chairman tabled the rezoning case and the Board agreed by consent Staff reported that if the applicant wishes to bring the request to the Board , the case would be properly re - advertised and notices sent to the surrounding property owners 3 Call for Public Hearing – Ordinance Amendment § 14 , Article II Zoning Districts Per staff’s request , the Chairman scheduled a public hearing to be held on December 6 , 2010 at the 6 00 pm meeting on an ordinance amendment as it relates to Article II Zoning Districts of the Land Development Code 4 NC Stop Torture Now Quaker House Chuck Fager , 223 Hillside Avenue , Fayetteville , North Carolina , presented the Board with updated information regarding the accountability of those that NC Stop Torture Now alleges kidnap and abuse detainees 5 Manager Reports and Comments A Amendments to the Personnel Policy County Manager Rick Hester reported that in looking at the long term liabilities of the County , a recommendation has been proposed to amend the Personnel Policy to eliminate major medical insurance for employees hired or elected on or after January 1 , 2011 upon retirement Motion Commissioner Jeffrey P Carver moved the Board amend the Personnel Policy to add the following , “ employees hired or elected on or after January 1 , 2011 will not be eligible to receive major medical insurance paid for by the county upon retirement ” Commissioner Carver reported that the Finance Committee met earlier in the day and agreed that the County must bring the Fund Balance back to the required 15 as established in the adopted Financial Policies Commissioner Carver stated the County’s long term liabilities will be a challenge going forward and by amending the Personnel Policy to eliminate major medical insurance for new hires upon their retirement , effective January 1 , 2011 , it would be a beginning step to address increasing long term liabilities Commissioner Carver stressed that the amendment would apply to new hires effective January 1 , 2011 and would not affect existing employees Commissioner Allen L Mims , Jr seconded the motion Commissioner DeVan Barbour stated the Finance Committee is working on bringing a plan to the Board in the near future , perhaps as early as the December Board meeting , in an effort to bring the Fund Balance back up to 15 Vote The motion carried by unanimous vote Article VI Section 5 Retirement Each employee who is expected to work for the county more than 1,000 hours annually shall join the North Carolina Local Governmental Employees Retirement System when eligible as a condition of employment PagePage pageNumber7166 November 1 , 2010 – 6 00 pm Continued Employees contribute , through payroll deduction , six percent of their gross salary to the system The county contributes an actuarially determined percentage of the gross payroll each month to the system Provisions of this system are further outlined in the North Carolina Local Government Employees Retirement System handbook available from the human resource office Employees who retire under the North Carolina Local Government Employees ’ Retirement System and Commissioners with ten or more years of continuous service to Johnston County immediately prior to retirement and who have a hire date or were elected prior to January 1 , 2007 are eligible to receive major medical insurance paid by the County Employees who retire under the North Carolina Local Government Employees Retirement System and commissioners with twenty or more years of continuous service to Johnston County immediately prior to retirement and who have a hire date or were elected January 1 , 2007 or after are eligible to receive major medical insurance paid by the county After age 65 , the county requires the retired employee to participate in Medicare Part A and Part B and the countys major medical policy becomes secondary Employees hired or elected on or after January 1 , 2011 will not be eligible to receive major medical insurance paid for by the county upon retirement 6 Board Reports and Comments None There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The meeting adjourned at 7 20 pm Wade M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage