May 4, 2009 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 370 Meeting of the Johnston County Board of Commissioners May 4 , 2009 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , May 4 , 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 , and DeVan Barbour Absent Tony Braswell 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 A Chuck Fager , 223 Hillside Avenue , Fayetteville , NC – NC Stop Torture Now Chuck Fager asked Chairman Wade M Stewart and Commissioner Cookie Pope if they had made contact with Congressman Bob Etheridge and relayed to him the concerns by NC Stop Torture Now Chairman Stewart noted that he had spoken recently with Congressman Etheridge and mentioned the concerns by NC Stop Torture Now Chairman Stewart reported that Congressman Etheridge informed him that he is aware of the issue and while he is personally unable to do anything with the request , he would be willing to entertain further discussions on the matter Mr Fager presented to the Board a summary of information concerning matters that have recently come to light regarding investigations into the treatment of detainees 2 Public Hearing Rezoning and Special Use Request Case 09 - 03 Advertised – In The Smithfield Herald – April 22 and April 29 , 2009 Certified letters were mailed to adjoining property owners on April 20 , 2009 Notices were posted at the location on February 23 , 2009 for Case 09 - 03 The Chairman opened the Rezoning Hearing for Case 09 - 03 Case 09 - 03 Petition to rezone approximately 28 of a 81 acre tract located at 64 Cell Tower Ct in Smithfield Township from Agricultural Residential AR to Office Institutional - Special Use District OI - SUD Tax ID 15I10007R Owner Applicant Sheeba Shesa , Inc The Chairman accepted a request from Commissioner Cookie Pope to abstain from Case 09 - 03 , and the Board agreed by consent Planning Director Berry Gray stated the petition is to rezone approximately 028 acres of a 081 acre tract located at 64 Cell Tower Ct in Smithfield Township from Agricultural Residential to Office Institutional - Special Use District Mr Gray noted the special use permit request associated with the rezoning Mr Gray reported currently there are existing duplex units located along Cell Tower Court that are owned by the applicant He noted the applicant has constructed buildings behind the existing duplex units to be used as an office , storage room , and garage for the units The surrounding zoning is Agricultural Residential and a cell tower is located at the end of the road Mr Gray stated the area is not designated as a commercial center in the County’s Comprehensive Land Use Plan ; however , due to the fact that the proposed use would be an accessory to the existing dwelling units , it appears to be comparable George Mast , Attorney , addressed the Board on behalf of the applicant Mr Mast informed the Board that the applicant’s husband recently passed away and due to other family concerns , she was unable to attend the meeting Mr Mast stated the two new buildings consist of a garage and an office to be used to collect rent Mr Mast offered to answer any questions Page371 May 4 , 2009 – 6 00 pm Continued Commissioner Allen L Mims , Jr asked about access to the subject site Commissioner Mims noted the subject site is at the back of the property and expressed concern that there is not a separate access point for the back portion of the property Mr Gray stated in most cases , a dedicated access easement is required as part of the rezoning ; however , in this instance , since the entire property is owned by the applicant and the proposed use is directly related to the existing use of the adjacent land , the Planning Board did not recommend a dedicated access Commissioner Mims pointed out that the front of the property contains dwellings that are rented by different people Commissioner Mims noted that people would have to use one of the renters ’ driveways in order to access the back office , which could create problems for the renters He suggested that a special condition should be added during the special use hearing which would require a separate access to the back portion of the property Mr Gray agreed that such a special condition could be added during the special use hearing , if the Board approves the rezoning request There being no further comments , the Chairman closed the Rezoning Hearing for Case 09 - 03 Decision on Rezoning Case 09 - 03 Case 09 - 03 Petition to rezone approximately 28 of a 81 acre tract located at 64 Cell Tower Ct in Smithfield Township from Agricultural Residential AR to Office Institutional - Special Use District OI - SUD Tax ID 15I10007R Owner Applicant Sheeba Shesa , Inc Commissioner DeVan Barbour moved the Board approve rezoning case 09 - 03 to rezone approximately 028 acres of a 081 acre tract located at 64 Cell Tower Ct in Smithfield Township from Agricultural Residential to Office 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 09 - 03 Case 09 - 03 To allow for the operation of an office , storage room and car garage for tenants Owner Applicant Sheeba Shesa , Inc Those wishing to speak on Special Use Case 09 - 03 were sworn in by the Clerk to the Board Commissioner Cookie Pope abstained from Case 09 - 03 Planning Director Berry Gray introduced the special use case and stated the request is to allow for the operation of an office , storage room , and car garage for tenants Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 09 - 03 on January 9 , 2009 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 On March 17 , 2009 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 09 - 03 and made the following recommendation Upon a motion by Mr Gathers , seconded by Mr Letchworth and carried unanimously 9 - 0 , the Planning Board recommended preliminary approval of the Rezoning for Case 09 - 03 Page372 May 4 , 2009 – 6 00 pm Continued Upon a motion by Mr Browder , seconded by Mr Gathers and carried unanimously 9 - 0 , the Planning Board recommended preliminary approval of the Special Use Conditions for Case 09 - 03 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 Office for general use , collecting rents , hosting potential renters and administrative work Storage rooms and garage , rental units for tenants Staff The buildings have been located at the rear of the property , away from the dwelling unit The doors will remain locked at all times when unoccupied The owner of said property will adhere to all conditions as required by this Special Use Permit 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 Use will be designed to meet code requirements with all conditions adhered to Staff This development will comply with the use and intensity regulations as set forth in the Land Development Code The Special Use Conditions will ensure that all permits are obtained and all other regulations are adhered to 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 Use will be for an office to manage the duplex complex and meet with tenants Office use will be accessory to the duplex use Staff The storage building will provide indoor storage for items that could otherwise be left out in the elements It will help protect personal property The office will allow the business owner to conduct his business on site in a professional manner The office is not an intense business use A Class “ A ” buffer is required along the western rezoning line closest to duplex unit and should help screen the use from the residence This , along with the special use conditions required by the Boards , 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 Use will conform with all plans and codes of the County Staff Applicant’s proposed 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 APPLICANT Office , storage rooms and car garage for tenants Specific Land Uses Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Installation of a Class A landscape buffer along the western rezoning lines , between the residential building and the office storage unit 2 large trees , 2 small trees , and 6 shrubs every one hundred 100 linear feet 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies including , but not limited to Johnston County Building Inspections , Public Utilities , Environmental Health , and the NC Department of Transportation 5 Signage shall be limited to a wall sign no greater than six 6 square feet 6 Any lighting shall be engineered so as not to shine on adjacent properties Mr Gray listed and reviewed each of the special use conditions with the Board George Mast , Attorney , speaking on behalf of the applicant , stated the applicant is willing to comply with all the special use conditions and he asked the Board to approve the request Commissioner Allen L Mims , Jr stated he not only would like to see a separate access easement shown on paper , but he would like to ensure that the separate access is installed and used by those visiting the subject site at the back of the property County Attorney Mark Payne advised that the new condition should state the dedicated access easement would be shown on the final site plan Mr Mast stated the applicant would be agreeable to the addition of the condition regarding a dedicated access easement There being no further comments , the Chairman closed the Special Use Hearing for Case 09 - 03 Decision on Special Use Case 09 - 03 Case 09 - 03 To allow for the operation of an office , storage room and car garage for tenants Owner Applicant Sheeba Shesa , Inc Page373 May 4 , 2009 – 6 00 pm Continued Based on the following findings of facts and the revised special use conditions , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit for Case 09 - 03 to allow for the operation of an office , storage room and car garage for tenants located at 64 Cell Tower Ct in Smithfield Township Commissioner W Ray Woodall 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 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Installation of a Class A landscape buffer along the western rezoning lines , between the residential building and the office storage unit 2 large trees , 2 small trees , and 6 shrubs every one hundred 100 linear feet 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies including , but not limited to Johnston County Building Inspections , Public Utilities , Environmental Health , and the NC Department of Transportation 5 Signage shall be limited to a wall sign no greater than six 6 square feet 6 Any lighting shall be engineered so as not to shine on adjacent properties 7 Dedicated access easement to be shown on the final site plan , presented to planning staff for approval 3 Call for Public Hearings Land Development Code Amendments At the request of Planning Director Berry Gray , the Chairman scheduled consecutive public hearings for the June 1 , 2009 , 6 00 pm meeting to discuss each of the proposed amendments to the Land Development Code as it relates to the following A § 14 - 6 Definitions An amendment to add a definition for Shopping Center for clarification B § 14 - 75 Agricultural - residential district AR – b Permitted uses An amendment which would allow duplexes as a permitted use but identifies standards for cases in which zero lot lines are established C § 14 - 131 et seq ARTICLE III SUBDIVISIONS An amendment to revise the Subdivision Ordinance to incorporate primarily grammatical or clerical changes for clarification with some policy additions that are already being enforced by the staff and the Planning Board 4 Call for Public Hearing Revised Johnston County Design Manual At the request of Planning Director Berry Gray , the Chairman scheduled a public hearing for the June 1 , 2009 , 6 00 pm meeting to discuss and possibly approve proposed revisions to the Johnston County Design Manual 5 Health Care Partners – Virtual Hospital Update Kevin Rogols , CEO of Johnston Health , stated Health Care Partners is a collaborative group comprised of Johnston Health , Johnston Community College , Johnston County Schools , Johnston County Emergency Services , and the Johnston County Health Department He noted over the years , the group has done many good things together to enhance healthcare education Mr Rogols reported the vision of Health Care Partners is to create a realistic training experience and to use a virtual hospital to aid in the educational process so that those who participate in the experience are better qualified for the healthcare industry Travis Scott , Johnston County Emergency Services , reported Health Care Partners has put together a DVD to better explain the overall concept of a virtual hospital and presented the video for viewing by the Board Connie Grady , Director of Education for Johnston Health , spoke on the benefits of simulation in a virtual hospital Ms Grady stated the virtual hospital enhances clinical competence , improves patient outcomes , maximizes partnerships and the utilization of resources , and standardizes competency to promote safety and quality patient care Ms Grady also reported the concept would allow for an additional clinical site thereby increasing the enrollment in the Community College program She noted a virtual hospital will afford the opportunity for better research labs and stated Novo Nordisk has agreed to partner in a diabetes project Ms PagePage pageNumber5374 May 4 , 2009 – 6 00 pm Continued Grady spoke on the issue of diabetes management in Johnston County and the need to utilize the virtual hospital to improve the outcome for diabetics Kim Robertson , Director for Johnston County Emergency Services , reviewed with the Board a proposed facility plan for the virtual hospital Ms Robertson introduced Bill Highsmith , Architect , with Skinner , Lamb , and Highsmith who has spent many hours with Health Care Partners in order to develop the proposed facility plan Ms Robertson also noted that Ruth Marler , Chief Operating Officer with Johnston Medical Center Smithfield , was instrumental in connecting Mr Highsmith with the group Linda Smith , Health Sciences Department Chair for Johnston Community College , addressed the Board concerning the career pathways a virtual hospital would offer She noted facilities such as a virtual hospital allow for one central training center for students interested in health sciences programs Further , training opportunities afford a blended environment whereby high school students that are in allied health classes can train alongside nursing students in the hopes that the high school students will continue on in healthcare training programs Ms Smith explained that with the concern of the emerging shortage of nurses in North Carolina , a virtual hospital could be classified as a clinical site to aid the College in applying for expansion approval from the North Carolina Board of Nursing to increase enrollment opportunities Ms Smith reported on some of the in - kind contributions received to date and potential grant opportunities that may be available Ms Smith thanked the Board for the opportunity to present the update and asked the Board to consider adopting the resolution supporting Health Care Partners applying for and securing grant funding for the proposed virtual hospital Commissioner Cookie Pope noted that she receives calls frequently concerning the need to increase the enrollment in the nursing program at the College and asked if the virtual hospital would help to increase the enrollment Ms Smith stated if a virtual hospital is constructed , it could be classified as a clinical site which is required by the North Carolina Board of Nursing in order to allow the College to expand their enrollment In response to a question from Commissioner Allen L Mims , Jr , Ms Smith reported Mr Highsmith has looked at the first floor of the Johnston Medical Mall as a possible location Mr Highsmith confirmed he has looked at the first floor of the Johnston Medical Mall and he feels the site would be feasible to house the virtual hospital Chairman Wade M Stewart stated it is his understanding that Health Care Partners is applying for grant funding from various sources and noted that a final estimate of cost would need to be determined before a final approval to go ahead with the construction and operation of the facility could be given by the Board of Commissioners Chairman Stewart asked for all those present who are involved in the project , and have not spoken , to stand and be recognized Antowanna Blount , Grants Director for Johnston Community College , introduced herself to the Board Joanne Honeycutt , Director for Career and Technical Education for Johnston County Schools , introduced herself and reported that Johnston County Schools has an allied health program in all six high schools in the County She stated the demand from the students has been such that additional staff has been needed to accommodate all those interested in healthcare related careers Ms Honeycutt stated a virtual hospital is appealing because it will offer an additional environment for students to receive additional clinical hours Chairman Stewart inquired if the virtual hospital could be utilized by high school students wishing to enter the paramedic field Ms Honeycutt responded that Johnston County Schools and Johnston Community College are actively pursuing a paramedic program for high school students that could be an option along with the virtual hospital Dr Donald Reichard , President of Johnston Community College , stated the Health Care Partners initiative is a good example of what community partnerships can accomplish He stated there are many new programs that need to be started and although the individuals in the group may change , the partnership will remain the same PagePage pageNumber6375 May 4 , 2009 – 6 00 pm Continued Dr Marilyn Pearson , Director of the Johnston County Health Department , stated public health is all about promoting health and education She noted a virtual hospital can help to improve health and education for the citizens Ruth Marler , Chief Operating Officer for Johnston Medical Center Smithfield , spoke on her experience with the Wilson Medical Center virtual hospital project Ms Marler noted that former students from the Wilson Medical Center virtual hospital have voiced their appreciation and admiration for the program in Wilson County Ms Marler indicated it is the hope to bring the same positive experience to Johnston County Chairman Stewart stated he liked the fact that a virtual hospital will afford opportunities for existing doctors and nurses to retrain and enhance their skills Commissioner Mims asked who would take ownership of the facility and how would staffing be addressed Linda Smith , Health Sciences Department Chair for Johnston Community College , stated to her knowledge , the ownership would be a collaboration between Johnston Health and Johnston Community College She noted that regarding staffing , some information technology personnel would be needed as well as the educational instructors Ms Smith also noted that if the virtual hospital is classified as a clinical site and utilized by the students in the nursing program at the high schools and Community College , then those educators would go with their students to the virtual hospital Ms Smith stated Health Care Partners is planning to write into the grant applications the need to fund staff Commissioner Mims noted that grants are not forever and spoke on the importance to plan for after grant funds are depleted Chairman Stewart stated that the Board of Commissioners is not in a position to completely endorse the final project until all the information regarding the construction and operation of the proposed facility along with a final estimate of cost is received Commissioner Mims noted the draft resolution in the agenda packet only asks for the Board to support Health Care Partners applying for grant funding for the proposed facility Commissioner DeVan Barbour agreed that the draft resolution submitted by Health Care Partners is a nonbinding document that supports the group seeking out stimulus funding and other grant opportunities and moved the Board adopt the resolution , as follows Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote RESOLUTION In Support of the Health Care Partners of Johnston County Virtual Hospital Project WHEREAS , Johnston County has a continued focus on advanced healthcare to ensure the quality of life for all citizens ; and WHEREAS , Johnston County has a continued focus on ensuring that our healthcare professionals and students receive the proper training in order to enhance patient safety , improve patient outcomes , and the quality of healthcare ; and WHEREAS , Health Care Partners of Johnston County is based on a partnership of Johnston Health , Johnston Community College , Johnston County Schools , the Johnston County Health Department , and Johnston County Emergency Services ; and WHEREAS , Health Care Partners of Johnston County seeks to apply for and secure Federal stimulus funds in order to construct and operate a virtual hospital in Johnston County ; and WHEREAS , a virtual hospital would provide a state - of - the - art training facility for healthcare workers to receive hands on learning experiences in a safe and realistic environment through the use of clinical simulation NOW , THEREFORE BE IT RESOLVED , that the Johnston County Board of Commissioners does hereby support Health Care Partners of Johnston County applying for Federal stimulus funding and any other grant opportunities that may be available in order to facilitate a virtual hospital in Johnston County th Adopted this the 4 day of May , 2009 6 Manager Reports and Comments None PagePage pageNumber7376 May 4 , 2009 – 6 00 pm Continued 7 Board Reports and Comments None There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 7 10 pm Wade M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage