January 5, 2010 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 197 Meeting of the Johnston County Board of Commissioners January 5 , 2009 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , January 5 , 2009 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 , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , J Mark Payne , 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 None 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – December 24 and 31 , 2008 Certified letters were mailed to adjoining property owners on December 19 , 2008 Notices were posted at the locations on October 30 , 2008 for Case 05 - 33 The Chairman opened the Special Use Hearing for Case 05 - 33 Case 05 - 33 A request to modify the Special Use Permit as follows original permit allows for a Modification landscape company , storage of equipment , materials and supplies , and a residence The applicant plans to lease - to - own the property , which is not presently operating as a landscape company , and use the building for church worship services and associated church activities Property is located at 473 Sweetbriar Road SR 1539 in Pleasant Grove Township Tax ID 13C03058C Applicant Graceway Bible Fellowship Alex Poindexter Owner Marlaura Properties , LLC Those wishing to speak on special use case 05 - 33 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to modify the special use permit The original permit allows for a landscape company , storage of equipment , materials and supplies , and a residence The applicant plans to lease - to - own the property which is not presently operating as a landscape company , and use the building for church worship services and associated church activities Mr Gray stated the property is located at 473 Sweetbriar Road in Pleasant Grove Township Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 33 on September 30 , 2008 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 , 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 Page198 January 5 , 2009 – 6 00 pm Continued On November 18 , 2008 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 05 - 33 and made the following recommendations Upon a motion by Mr Gathers seconded by Mr DeLaine and carried unanimously 7 - 0 the Planning Board recommended preliminary approval of the modification at its November 18th , 2008 regarding rezoning Case 533 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 This property is situated in the midst of growing and developing communities of Johnston County It will aide in the social and spiritual needs of these surrounding communities by providing worship services and church related activities Staff Modification of the Special Use Permit with conditions will maintain the public health , safety , and general welfare 2 That the use of development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The current zoning of the surrounding area is R10 and RA30 This zoning is the accepted zoning by right for churches to establish in It is the desired zoning of local , state and federal agencies This request is in keeping with such Staff The parcel , being zoned General Business - Special Use District and formerly operating as a landscape business , will continue to fit well and serve those residents located in the rural residential neighborhood Churches are permitted in the AR district and are not considered an intense business use 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 Having such property is a church religious entity would aide in the “ community ” footprint that is and is being established It would give the surrounding communities a place for social interaction and promotion Staff The church use at the site will be compatible with existing surrounding land uses Churches are permitted in AR districts with no conditions ; this suggests that the proposed modification of the SUP would be compatible with the neighborhood and the Land Development Code 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 This request and use is in conformity with the Land Use Development code in that it parallels with the surrounding zoning It does not conflict with said zoning , in fact it will enhance it by keeping with the existing development which is adjacent to it Staff The development of the site will conform to all applicable Land Development Code requirements Specific Land Uses APPLICANT Modify verbage of current special use by adding Church Worship Services and church activity Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 A detailed site plan shall be submitted to Planning staff for approval 3 Lighting shall be dark sky so as not to shine onto adjacent properties 4 All buildings shall be in compliance with the regulations set forth by Johnston County Environmental Health , Public Utilities , and Building Inspections departments 5 Signage must comply with Sign Code 6 Must obtain or update driveway permit from NCDOT and comply with any traffic improvements as required by NCDOT 7 Hours of operation will be Twenty - four 24 hours a day , Seven 7 days a week regular office hours will be M - F , 7 am - 4 30 pm with some evening hours , and variable hours on the weekends for special events and services 8 A Class A buffer 2 large trees , 2 small trees , and 6 shrubs every 100 linear feet shall be added along the street and along the side of the property adjacent to the residential subdivision Existing vegetation shall be maintained and may satisfy the landscape buffer requirement in lieu of the Class A buffer Mr Gray reported the applicant would use the property and existing building as is , and no additions are proposed Mr Gray listed and reviewed the special use conditions with the Board Mr Alex Poindexter of Graceway Bible Fellowship , the applicant , informed the Board that the church has performed a demographic study of the area which indicates approximately 3,000 people live within a 3 mile circumference of the site Mr Poindexter stated a worship center could help to meet the needs of the community and he has received quite a bit of interest Mr Poindexter commented on the tremendous growth in the area Mr Gray reported based on the findings of facts with the special use conditions , the Planning Board recommended approval of Case 05 - 33 There being no further comments , the Chairman closed the Special Use Hearing for Case 05 - 33 Page199 January 5 , 2009 – 6 00 pm Continued Decision on Special Use Case 05 - 33 Case 05 - 33 A request to modify the Special Use Permit as follows original permit allows for a Modification landscape company , storage of equipment , materials and supplies , and a residence The applicant plans to lease - to - own the property , which is not presently operating as a landscape company , and use the building for church worship services and associated church activities Property is located at 473 Sweetbriar Road SR 1539 in Pleasant Grove Township Tax ID 13C03058C Applicant Graceway Bible Fellowship Alex Poindexter Owner Marlaura Properties , LLC Based on the findings of facts and the special use conditions , Commissioner W Ray Woodall moved the Board approve the modification to the special use permit for Case 05 - 33 to Applicant Graceway Bible Fellowship to allow the site to be used for church worship services and associated church activities on property located at 473 Sweetbriar Road in Pleasant Grove Township Commissioner Cookie Pope 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 The Special Use Permit shall expire with the violation of any Special Use Condition 2 A detailed site plan shall be submitted to Planning staff for approval 3 Lighting shall be dark sky so as not to shine onto adjacent properties 4 All buildings shall be in compliance with the regulations set forth by Johnston County Environmental Health , Public Utilities , and Building Inspections departments 5 Signage must comply with Sign Code 6 Must obtain or update driveway permit from NCDOT and comply with any traffic improvements as required by NCDOT 7 Hours of operation will be Twenty - four 24 hours a day , Seven 7 days a week regular office hours will be M - F , 7 am - 4 30 pm with some evening hours , and variable hours on the weekends for special events and services 8 A Class A buffer 2 large trees , 2 small trees , and 6 shrubs every 100 linear feet shall be added along the street and along the side of the property adjacent to the residential subdivision Existing vegetation shall be maintained and may satisfy the landscape buffer requirement in lieu of the Class A buffer 3 Manager Reports and Comments None 4 Board Reports and Comments A Firemen Association’s Annual Memorial Service Commissioner Tony Braswell invited everyone to attend the Firemen Association’s Annual Memorial Service for fallen firefighters which is scheduled for Thursday , January 8 , 2009 at the Corinth Baptist Church on Highway 96 The service is being hosted by the Corinth Holders Fire Department and will begin at 7 00 pm B Archer Lodge VFD Meeting Commissioner Jeffrey P Carver reported the Archer Lodge VFD is holding their annual meeting on Saturday , January 31 , 2009 5 Clarion Associates – Comprehensive Plan Update Roger Waldon , Associate with Clarion , thanked the Board for the opportunity to provide an update and stated Clarion will be meeting with the Planning Board later in January to discuss draft implementation strategies to be presented to the Board of Commissioners in the coming months Zoe Hamstead , Associate with Clarion , addressed the Board and reviewed the following points related to the existing conditions section of the draft Comprehensive Plan • Growth Projections 2006 – 2030 o 118,363 new people o 42,576 new housing units o 21,228 acres of land requiredPage200 January 5 , 2009 – 6 00 pm Continued o 155,449 acres available 37,068 non - farm acres • School System Capacity o 43 public schools o 16 schools exceed capacity 2007 - 2008 school term o Only 9 schools will have sufficient capacity by 2017 - 2018 school term • Existing Conditions o Farm Trends 1987 - 2002 Lost overall farm acreage Number of farms decreased Average farm size grew Production value grew 1987 - 98 , then fell • Community Forum Report o High Priorities 87 - joint use opportunities with school district for parks and recreation 82 - encouraging employment centers and business parks 81 - school siting coordination 75 - road improvements around town and activity centers o Low Priorities 47 - mix in types of housing 46 - preservation of open space and rural vistas 41 - increasing sidewalk and bike lane requirements 39 - public transportation Ms Hamstead reported growth projections are estimated to be very large over the next 20 years and approximately 20,000 acres of land will be required to accommodate a projected growth of 120,000 new people Ms Hamstead stated there will be some infrastructure constraints associated with school capacities She also stated another important trend to monitor deals with farms in Johnston County Ms Hamstead noted from 1987 to 2002 there was a loss of overall acreage as well as the number of farms , although the average size of farms in Johnston County is getting larger At the inquiry of Chairman Wade M Stewart , Ms Hamstead reiterated that while the number of farms is decreasing , the average size of the existing farms is growing Ms Hamstead also reported the projected school system capacity restraints are estimated , assuming no new schools are constructed in the coming years Mr Waldon presented the following points related to the draft land use plan • Draft Future Land Use Plan o Planning Horizon – 20 years 2030 o Regional Context Major growth in Wake County Some growth in Harnett and Wayne Counties Protection of Buckhorn Lake Wilson’s main water supply source Mr Waldon stated for the most part , the projected primary growth areas through 2030 surround the municipalities in Johnston County as well as the Archer Lodge area and the I - 40 NC 42 area Mr Waldon reviewed with the Board a map of the projected primary growth areas Commissioner Cookie Pope stated that perhaps the Meadow Community near Interstate 40 , NC Hwy 50 , and NC Hwy 96 should be shown as a primary growth area She noted the area may not explode ; however , she anticipates some growth to take place in the area prior to 2030 The Board discussed the various interchanges along Interstate 40 and the potential for growth that exists • Draft Future Land Use Plan o Primary Growth Areas growth to 2030 Factors – Development Demands ; Development Suitability ; Transportation ; and Sewer Service Locations – Growth from Wake County Clayton , Cleveland , Northeast Johnston Co ; Growth along US 70 Corridor Clayton , Wilson’s Mills , Selma , Smithfield , Princeton , Pine Level ; and Growth at I - 40 interchanges Cleveland and NC 42 , NC 210 , NC 242 PagePage pageNumber5201 January 5 , 2009 – 6 00 pm Continued Mr Waldon reviewed with the Board a map of agricultural rural conservation areas in which growth would be least desirable Mr Waldon reported the objective for such areas would be to apply rural protection or preservation plans rather than encouraging growth and development He recommended that the Board actively discourage the extension of public infrastructure , specifically sewer lines into the agricultural rural conservation areas o Agricultural Rural Conservation Areas Factors – Existing Productive Farmland , Prime Agricultural Soils , Reservoir Protection , Open Space , Rural Character Locations – South , West , Northeast , East Commissioner DeVan Barbour noted that on the agricultural rural conservation area map , the areas in between Four Oaks and Benson along Interstate 95 , and heading towards the Cleveland area are shown to be within the agricultural rural conservation preservation layer Commissioner Barbour stated he disagreed with those areas being included in the preservation layer , and stated perhaps those areas should be included within the secondary growth areas Mr Waldon reviewed with the Board a map and the following points related to the projected secondary growth areas in the County o Secondary Growth Areas growth after 2030 Extensions of primary growth areas – Northwest Johnston Co south of Benson Growth around smaller municipalities – Four Oaks , Kenly , Micro County Manager Rick Hester suggested that Clarion take a second look at the area in between Four Oaks and Benson , per the earlier comments by Commissioner Barbour Commissioner Barbour reiterated that he did not believe it is a realistic projection to classify the area in between Four Oaks and Benson as an area with no projected growth in the next 20 years Sonny Johnson , 341 Sonny Road , Clayton , stated he believed that all the Interstate 40 and Interstate 95 Corridors should be reevaluated for future potential growth Mr Waldon stated it was Clarion’s opinion that the area in between Four Oaks and Benson , further to the north where no interchange is located , is less likely to be a candidate for development ; however , he would review the area further Mr Waldon stated no one can project growth 40 to 50 years out ; therefore , Clarion would recommend the plan be reviewed in five years and completely revised in ten years Upon a question by Mr Hester , Mr Waldon stated the Comprehensive Plan , once adopted , is to be used as a guide to decision making ; however , it does not predetermine decisions He noted that the General Statutes only require the County to look at the Comprehensive Plan to determine if an action is consistent with the Plan ; however , it does not require the County to take an action consistent with the plan , only to review it Mr Waldon reviewed with the Board a map indicating potential commercial activity nodes Mr Waldon stated it is important to note that it does not make sense to require residents in rural areas to drive long distances for basic services He stated there are a number of intersections in the rural areas that can accommodate some retail activity to provide those basic services o Commercial Activity Nodes Regional Centers – Ex I - 40 NC 42 , McGees Crossroads Community Centers – Ex NC 42 NC 50 , US 70 US 70 Bus , NC 42 Buffalo Road Neighborhood Centers – Ex I - 40 NC 50 NC 96 Mr Waldon reported on the following points related to implementation strategies as well as the next steps • Implementation Strategies o Intergovernmental Cooperation o Zoning & Subdivision RegulationsPagePage pageNumber6202 January 5 , 2009 – 6 00 pm Continued o Agricultural Preservation Strategies o Open Space Recreation Plan o Transportation Plans o Economic Development Strategies o Housing Programs • Next Steps o Final Draft Comprehensive Plan Planning Board – January 13 , 2009 Public Hearings Board of Commissioners for Adoption Mr Waldon stated it will be important to coordinate the land use plan with the provision of utilities , particularly wastewater infrastructure He recommended that the County develop a capital improvement strategy so that as capital improvements are being planned and implemented , the Planning staff , the Planning Board , and the Comprehensive Plan would be brought into the process for guidance Mr Waldon reiterated the need to continue to build on the County’s relationships with the municipalities and he stated it may be useful to invite all the municipalities to take some formal type of action to concur with the County’s land use plan He noted that specific adjustments to the design manual as well as the zoning regulations will be forthcoming in the implementation strategies in order to address buffers in between commercial and residential development and further , to look at traffic improvements associated with new developments Mr Waldon reported it is possible that some type of impact assessment may be needed to address the implementation strategies , if adopted Mr Waldon stated it will be important to determine a more formal means of communication with Johnston County Schools on future school sites He stated that perhaps once a year the Board of Commissioners can meet with Johnston County Schools to share information on subdivision development and how it may impact future school enrollments Mr Waldon indicated that discussions may need to be conducted regarding housing mixes and the green infrastructure initiative Mr Waldon closed his presentation by indicating that it will be important to track the progress of the development of the Farmland Protection Plan , which is ongoing Commissioner Allen L Mims , Jr inquired as to when the complete draft implementation strategies would be available for review Mr Waldon stated the draft implementation strategies will be finished and presented to the Planning Board at their January meeting and they will be available for review by the Board of Commissioners at the th st January 30 – 31 retreat 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 Wade M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage