April 7, 2008 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 687 Meeting of the Johnston County Board of Commissioners April 7 , 2008 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , April 7 , 2008 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Cookie Pope , Chairman , Wade M Stewart , Vice Chairman , Allen L Mims , Jr , 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 Deva C Holt , Deputy Clerk Chairman Cookie Pope 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 – March 26 , 2008 and April 2 , 2008 Certified letters were mailed to adjoining property owners on March 27 , 2008 Notices were posted at the locations on February 4 , 2008 for Cases 08 - 05 and 08 - 06 The Chairman opened the Rezoning Hearing for Case 08 - 05 Case 08 - 05 Petition to rezone 347 acres of a 3268 acre tract located on Cleveland Road SR 1010 , approximately 1 4 mile from the intersection of Cornwallis Road SR 1525 in Cleveland Township from General Business GB to Agricultural Residential AR Tax ID 06E02013 Owner Applicant Son - Lan Development Planning Director Berry Gray stated the petition is to rezone 347 acres of a 3268 acre tract located on Cleveland Road , approximately one - fourth of a mile from the intersection of Cornwallis Road in the Cleveland Township from General Business to Agricultural Residential Mr Gray noted the request is a down - zoning and if approved , the applicant intends to combine the acreage with the adjacent Langdon Farms Subdivision Mr Gray reported the surrounding zonings consist of General Business to the east and southeast , residential to the rear which is Langdon Farms Subdivision , and Agricultural Residential across the street The applicant was not present Mr Gray reported the Planning Board recommended approval of Case 08 - 05 from General Business to Agricultural Residential There being no further comments , the Chairman recessed the Rezoning Hearing for Case 08 - 05 Decision on Rezoning Case 08 - 05 Case 08 - 05 Petition to rezone 347 acres of a 3268 acre tract located on Cleveland Road SR 1010 , approximately 1 4 mile from the intersection of Cornwallis Road SR 1525 in Cleveland Township from General Business GB to Agricultural Residential AR Tax ID 06E02013 Owner Applicant Son - Lan Development Commissioner DeVan Barbour moved the Board approve rezoning case 08 - 05 , to rezone 347 acres of a 3268 acre tract located on Cleveland Road , approximately one - fourth of a mile from the intersection of Cornwallis Road in Cleveland Township from General Business to Agricultural Residential Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 08 - 06 Page688 April 7 , 2008 – 6 00 pm Continued Case 08 - 06 Petition to rezone a 6139 acre tract on NC Hwy 210 near its intersection with Lassiter Road in Elevation Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 07F06028D Owner Applicant Ray McGee Planning Director Berry Gray stated the petition is to rezone a 6139 acre tract on NC Hwy 210 near the intersection with Lassiter Road in the Elevation Township from Agricultural Residential to General Business - Special Use District Mr Gray noted a special use application associated with the request is to allow for a grooming boutique and kennel Mr Gray pointed out the surrounding zoning is primarily Agricultural Residential ; however , he noted there are some grandfathered commercial uses in the area , specifically a convenience store with gas pumps Mr Gray also noted the existing cell tower location on the zoning map for the Board Donnie Adams , engineer for the applicant , stated the purpose of the rezoning request is to open a kennel and grooming business Mr Adams noted the facility will be totally enclosed and he does not anticipate any impacts to the adjacent properties Mr Adams indicated he has received positive feedback from the community and feels it will be an asset Mr Gray reported the Planning Board recommended approval of Case 08 - 06 from Agricultural Residential to General Business - Special Use District There being no further comments , the Chairman closed the Rezoning Hearing for Case 08 - 06 Decision on Rezoning Case 08 - 06 Case 08 - 06 Petition to rezone a 6139 acre tract on NC Hwy 210 near its intersection with Lassiter Road in Elevation Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 07F06028D Owner Applicant Ray McGee Commissioner Tony Braswell moved the Board approve rezoning case 08 - 06 , to rezone a 6139 acre tract on NC Hwy 210 near its intersection with Lassiter Road in Elevation Township from Agricultural Residential to General Business - Special Use District Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 08 - 06 Case 08 - 06 Application to allow for a grooming boutique and kennel Owner Applicant Ray McGee Those wishing to speak on Special Use Case 08 - 06 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for a grooming boutique and kennel He noted the facility is proposed to be completely enclosed with no outside exercise area for the animals Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 08 - 06 on January 02 , 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 On February 19 , 2008 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 08 - 06 and made the following recommendations Page689 April 7 , 2008 – 6 00 pm Continued Upon a motion by Mr Schulz , seconded by Mr Browder and carried unanimously 9 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 08 - 06 , based on the following findings of fact and special conditions 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 The site plan is designed to provide safe ingress and egress along NC210 Staff Site is located amongst residential uses , as well as a grandfathered convenience store and cell tower Landscape buffering and enforced hours of operation will maintain the public’s health , safety , and general welfare 2 That the use or 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 This plan meets all state , local and federal requirements Staff The owner of this facility will abide by all regulations as set forth in the Johnston County Land Development Code 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 This kennel is a needed business in the community The building will have an attractive front elevation and will be nicely landscaped Staff The area is fairly rural with a few residential structures A natural vegetative and or planted buffer will help separate the differing uses Staff is not aware of such a facility in the general area 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 use is consistent with the County’s strategic plan for organized development of the county Staff Proposal will conform to all requirements of the Land Development Code and any conditions as required by the boards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Must submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Must obtain commercial driveway permit from NCDOT 4 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 5 Signage must comply with Sign Code 6 A “ Class C ” buffer consisting of three small trees , six large trees , and sixteen shrubs for every one hundred linear feet shall be installed as indicated on site plan 7 All animals must be housed completely within the enclosed building 8 Hours of operation will be Monday through Friday 7am - 7pm , Saturday 8am - 3pm , Sunday 4pm - 7pm 9 Must include a 20 ’ right of way along the front property line to be dedicated and shown on site plan Mr Gray listed and reviewed each of the special use conditions with the Board Donnie Adams , engineer for the applicant , showed the Board an architectural rendering of the proposed facility and offered to answer any questions At the inquiry of Chairman Pope , Mr Adams reported an exercise area will be provided for the animals inside the enclosure Mr Gray reported based on the findings of facts with the special use conditions , the Planning Board recommended approval of the special use application for case 08 - 06 Commissioner Jeffrey P Carver asked for clarification as to the hours of operation Mr Gray confirmed the hours of operation listed in the special use conditions are specifically for the animal owners who will be picking up and dropping off their pets The facility owners will be allowed on site at all times to care for the animals There being no further comments , the Chairman closed the Special Use Hearing for Case 08 - 06 Decision on Special Use Case 08 - 06 Case 08 - 06 Application to allow for a grooming boutique and kennel Owner Applicant Ray McGee Based on the following findings of facts and the special use conditions , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to the owner applicant , Ray McGee , to allow for a grooming boutique and kennel on a 6139 acre tract on NC Hwy 210 near its intersectionPage690 April 7 , 2008 – 6 00 pm Continued with Lassiter Road in the Elevation Township Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote 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 ; The site plan is designed to provide safe ingress and egress along NC210 Site is located amongst residential uses , as well as a grandfathered convenience store and cell tower Landscape buffering and enforced hours of operation will maintain the public’s health , safety , and general welfare 2 That the use or 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 ; This plan meets all state , local and federal requirements The owner of this facility will abide by all regulations as set forth in the Johnston County Land Development Code 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 ; This kennel is a needed business in the community The building will have an attractive front elevation and will be nicely landscaped The area is fairly rural with a few residential structures A natural vegetative and or planted buffer will help separate the differing uses Staff is not aware of such a facility in the general area 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 This use is consistent with the County’s strategic plan for organized development of the county Proposal will conform to all requirements of the Land Development Code and any conditions as required by the boards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Must submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Must obtain commercial driveway permit from NCDOT 4 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 5 Signage must comply with Sign Code 6 A “ Class C ” buffer consisting of three small trees , six large trees , and sixteen shrubs for every one hundred linear feet shall be installed as indicated on site plan 7 All animals must be housed completely within the enclosed building 8 Hours of operation will be Monday through Friday 7am - 7pm , Saturday 8am - 3pm , Sunday 4pm - 7pm 9 Must include a 20 ’ right of way along the front property line to be dedicated and shown on site plan 3 Call for Public Hearing Land Development Code – Secondary Access Amendment At the request of Planning Director Berry Gray , upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board scheduled a public hearing for the May 5 , 2008 6 00 pm meeting to allow public comment on a proposed amendment to the Code of Ordinances – Land Development Code as it relates to secondary access 4 Public Hearing Held Open from March 3 , 2008 6 00 pm Meeting Land Development Code – Section 14 - 257 – Standards – o Special Use Permit ; Wireless Communication Receiving Transmitting Towers - Advertised – In The Smithfield Herald – February 22 , 2008 and February 26 , 2008 Public Hearing continued from March 3 , 2008 6 00 pm meeting Chairman Cookie Pope called for any persons who wished to speak on the proposed amendment to the County Code of Ordinances Section 14 - 257 – Standards – o Special Use Permit ; Wireless Communication Receiving Transmitting Towers to come forward Richard Bolyard , 405 Scotts Ridge Trail , Apex , addressed the Board and recalled at the March 3 , 2008 meeting , he had provided suggestions for the Board to consider on the proposed amendment Mr Bolyard stated he is trying to be an advocate for property owners and he is hoping for an improvement to the system whereby neighboring property owners are treated as partners in the cell tower approval process Mr Bolyard noted he is still working with the County staff on the impacts of the cell tower site on Jack Road and he is still hoping for improvements to that site Mr Bolyard stated there should be greater setbacks from neighboring property owners , broadened stealth technology , and information made available on the impacts of noise for the neighboring property owners County Attorney Mark Payne stated he plans to let everyone have an opportunity to speak at the hearing , and then introduce new revisions to the amendment , based on the latest input received PagePage pageNumber5691 April 7 , 2008 – 6 00 pm Continued Commissioner DeVan Barbour called on Rusty Monroe with The Center for Municipal Solutions , cell tower consultant for the County , to provide more explanation as to the noise associated with generators for the cell towers In response to questions from Commissioner Barbour , Mr Monroe confirmed that the only time the generators are in operation are during power outages or during regular testing Mr Monroe stated traditionally , each carrier on a cell tower has had their own generator ; however , requiring one larger common generator to serve multiple carriers is being studied to help address noise issues He reported there are a number of ways to address the noise factor , including the enclosure of the generator Mr Monroe indicated as a rule , testing usually occurs once per month during the day and lasts approximately 30 minutes Commissioner Barbour inquired if the generator set up at the cell tower site on Jack Road was consistent with other towers Mr Monroe responded to his knowledge , the cell tower on Jack Road is consistent with other towers in the County Mr Payne reviewed with the Board the following suggested new revisions to the proposed amendment , in order to address issues with noise and stealth technology Revision No 1 • Under the Ordinance , Section o 7 k , under the subsection Zoning and Planning , add a new paragraph # 16 that would state , “ Technical information regarding noise and or sound generated by any generators or other equipment to be used on site ; if multiple generators are to be used , then the data should show the cumulative impact of noise generated ” Mr Payne reported this revision would ensure that all information regarding noise impacts would be included in the application Mr Bolyard expressed concern over when the regular testing of the generators occur and noted that when a special use permit is granted , it only takes into account one generator and not the others that may be associated with carriers who co - locate Mr Bolyard indicated even if a generator is enclosed , one side must remain open for ventilation and he felt the adjoining property owners should have all the facts regarding noise levels Mr Monroe stated he did not disagree with most of the points by Mr Bolyard and noted the times for regular testing are normally on a monthly basis and are left up to the carriers Mr Monroe reported the FCC is close to issuing regulations that would require a standby generator at every cell tower site for every carrier , throughout the nation He stated this action is under a great deal of discussion by the FCC and the cell tower industry Mr Monroe stated a common generator could be utilized so long as all the carriers on the cell tower are backed up Mr Monroe commented from his experience in constructing cell towers , it is possible to enclose the generators with adequate ventilation , in an effort to decrease the noise levels In response to Commissioner Allen L Mims , Jr , Mr Monroe stated unless the County requires a cell tower carrier to completely soundproof the generator , noise may be heard for several hundred feet Commissioner Barbour stated people would be generally tolerant during times of power outages ; however , he expressed his concerns with times during testing Mr Payne advised by requiring the additional data for noise impacts , this will help to determine better options for soundproofing as well as visual adjustments Mr Monroe noted he is sensitive to the concerns of Mr Bolyard regarding noise ; however , he stated he feels a bigger concern should be the type of fuel used and the fuel storage methods for the generators He indicated to address safety issues related to fuel , the County should possibly look at requiring self - contained units Mr Payne continued with the suggested new revisions to the amendment , as follows PagePage pageNumber6692 April 7 , 2008 – 6 00 pm Continued Revision No 2 • Under the Ordinance Section o 7 m 10 c , revise to state “ Allow shared use of the new Wireless Telecommunications Facility if another Telecommunications provider agrees in writing to pay reasonable charges ” – remainder of the paragraph would be deleted Mr Payne felt the remainder of the paragraph created the impression that the County is getting into the business decisions by the cell tower carriers Revision No 3 • Under the Ordinance Section o 12 a , Type and Height of Wireless Telecommunications Facilities – revise to state “ All new towers , except stealth and DAS facilities , shall be of monopole type , unless such is able to be proven to be technologically impracticable No new towers of a lattice or guyed type shall be permitted , unless relief is otherwise expressly granted ” Mr Payne stated the ordinance amendment places a great deal of emphasis on the use of stealth technology , where appropriate Mr Payne acknowledged the amendment is a complicated document and staff proposes , if the amendment is approved , to prepare a guidance document that will help the cell tower industry , the County staff , and the Board to better understand the procedures , how the ordinance is implemented , as well as the notice procedures to the property owners to ensure they have all the applicable information The guidance document would also address co - location requirements to help improve existing non - conforming towers Mr Payne reported staff recommends the Board accept the draft ordinance amendment , with the newly introduced revisions Commissioner Mims recognized Tim Broome , Director of Utilities and Engineering for Johnston County , in the audience and called on Mr Broome to share information on the County’s generators at the booster pump stations Mr Broome reported the County does have generators at every booster station that undergo weekly testing Mr Broome stated generators are rated , taking noise levels into account , for industrial areas , residential areas , and super - sound attenuation types which are utilized near hospitals He noted most of the County’s generators are rated for residential areas , which can be heard from approximately 200 feet away ; however , they are not designed to be a nuisance At the inquiry of Commissioner Mims , Mr Broome confirmed the generators can be oriented so they are not directed at an adjacent property owner’s front door Commissioner Wade M Stewart asked Mr Monroe if the proposed ordinance amendment , with Mr Payne’s suggestions incorporated , would be a deterrent to telecommunication companies Mr Monroe stated the County’s ordinance amendment , if approved , is very similar to what has been adopted by approximately 20 other counties in North Carolina and he sees no impact on the future location of cell tower carriers in the County There being no further comments , the Chairman closed the public hearing Commissioner Allen L Mims , Jr suggested staff prepare a new proposed amendment , incorporating the newly introduced revisions by the County Attorney during the public hearing , to allow the Board time to review the final amendment in its entirety , and the Board agreed by consent Note The proposed amendment will be added to the May 5 , 2008 6 00 pm agenda for discussion and possible action Upon a question by Commissioner Mims , Mr Monroe reported there are currently four spec cell tower applications that have been filed with two or three more possibly coming 5 Discussion Concerning Potential Selection of Consulting Firm – Re Comprehensive Land Use Plan County Manager Rick Hester reported he along with Planning Director Berry Gray had further researched the top three finalists for the development of a comprehensive land use plan Mr Hester noted whilePagePage pageNumber7693 April 7 , 2008 – 6 00 pm Continued all three firms would perform well for the County , he recommended the Board authorize staff to begin contract negotiations with Clarion Associates , based on the fact that Clarion has worked with two of the fastest growing counties in Virginia , with good references from those counties Commissioner Allen L Mims , Jr moved the Board select Clarion Associations to create a comprehensive land use plan for Johnston County Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote Mr Hester reported staff would begin contract negotiations with Clarion and bring a draft contract back to the Board for review in May 6 Manager Reports and Comments A 2011 Revaluation Options Work Group At the inquiry of County Manager Rick Hester , Chairman Pope stated she will appoint a work group to study the 2011 revaluation options at the May 5 , 2007 meeting B Devil’s Racetrack Road Sewer Taps – Ingram’s Township Water and Sewer District County Manager Rick Hester reported he has been contacted by Mike Harris with USDA - Rural Development regarding the Ingram’s Township Water and Sewer District possibly amending the policy to allow more sewer taps to be purchased on the Devil’s Racetrack Road wastewater line C Request from County Attorney – Authorization for Eminent Domain At the request of the County Attorney , upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Tony Braswell and carried by unanimous vote , the Board authorized the County Attorney to proceed with eminent domain , if necessary , in order to obtain the necessary easements for the East Clayton - Wilson’s Mills Area Wastewater Transmission project 7 Board Reports and Comments None There being no further business , Commissioner W Ray Woodall moved the Board adjourn Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The meeting adjourned at 6 55 pm ____________________________ Cookie Pope , Chairman Paula G Woodard , Clerk to the BoardPage