December 1, 2008 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 153 Meeting of the Johnston County Board of Commissioners December 1 , 2008 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , December 1 , 2008 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 , 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 Recognition of Johnston County Clippers Fast Pitch Softball Team Commissioner W Ray Woodall recognized the Johnston County Clippers Fast Pitch Softball Team on their recent NSA Class A World Series Championship win in Columbus , Ohio Commissioner Woodall spoke of his admiration for their accomplishment and called on the team members present to stand and introduce themselves Team Members Present Included Courtney Myers , Princeton Ashleigh Mason , North Johnston Taylor Adams , North Johnston Nicole Bond , Riverwood Danielle Myers , McGee’s Crossroads Meredith Johnson , North Johnston Kristin Power , Cleveland Jamie Johnson , North Johnston Coach Scott Barbour provided the Board with a background of the team and thanked the Commissioners for recognizing their efforts The Board wished the team well in their future endeavors 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – November 19 and 26 , 2008 Certified letters were mailed to adjoining property owners on November 17 , 2008 Notices were posted at the locations on August 22 , 2008 for Case 06 - 11 and September 19 , 2008 for Cases 08 - 30 and 08 - 32 The Chairman opened the Special Use Hearing for Case 06 - 11 Case 06 - 11 Special Use Modification A request to modify the Special Use Permit as follows original permit allows for a storage area for bricks and mixed debris , staging area for bricks to be separated from debris from a demolition site , and then removal of all brick and debris The Special Use Permit is valid for a period of twenty - four 24 months Applicant is requesting that the Special Use Permit be extended for an additional thirty - six 36 months Property is located on Enoch Road SR 1252 just west of the intersection with Meadowbrook Road SR 1136 in Meadow Township Tax ID 09I15011 Applicant James E Godwin Owner Anna M Godwin Those wishing to speak on special use case 06 - 11 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 storage area for bricks and mixed debris , a staging area forPage154 December 1 , 2008 – 6 00 pm Continued bricks to be separated from debris from a demolition site , and then removal of all brick and debris The special use permit is valid for a period of twenty - four months and the applicant is requesting that the permit be extended for an additional thirty - six months Mr Gray stated the property is located on Enoch Road just west of the intersection with Meadowbrook Road in Meadow Township Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 06 - 11 on July 31 , 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 September 16 , 2008 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 06 - 11 and made the following recommendations Upon a motion by Mr Browder , seconded by Mr Schulz and carried unanimously 8 - 0 , the Planning Board voted at its September 16 , 2008 meeting to recommend approval of modification for rezoning Case 06 - 11 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 ; Located on an unpaved , dead end road No residences are on the road Coharie hog operation at dead end of road The proposed site has no floodplains or wetlands 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 ; The use is storage of bricks from a demolition site Some mixed debris Bricks will be separated by hand and transported to the proper sites Debris will be transported to the landfill 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 ; Requesting a 60 month time line for completion and then the land will return to AR zoning and usage 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 site is being used as a staging area for bricks to be reused , recycled , or crushed and reused APPLICANT Modify condition # 4 for a time limit of 36 additional months and to store cleaned Specific Land Uses brick on site Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 The Special Use Permit shall expire at 60 months from date of recording Special Use Permit original SUP allowed for a 24 month period 3 No further dumping of debris or illegal materials shall be permitted on site , nor shall the current dumping site expand in size 4 All illegal materials must be properly removed and disposed of within the 60 month time limit 5 Applicant will need to provide documentation and proof of proper disposal from either recycling facility or landfill 6 No crushing activity shall take place on site 7 All existing vegetation shall remain intact to ensure noise and visual screening 8 Cleaned processed brick may be stored on site until the permit expiration date All changes to special use conditions are listed in bold print Mr Gray reported the bricks are a result of the demolition of the old Meadow School and the applicant still intends to recycle the brick to be sold Mr Gray pointed out the revisions to the special use conditions , extending the permit an additional 36 months Applicant James E Godwin addressed the Board and stated the process of recycling and selling the bricks are taking longer than he originally anticipated Mr Godwin requested an extension on the permit and offered to answer any questions Page155 December 1 , 2008 – 6 00 pm Continued At the inquiry of Commissioner Allen L Mims , Jr , Mr Godwin reported approximately 200,000 bricks have been recycled and there may be as many as 2 million left on the site Mr Gray reported based on the findings of facts with the special use conditions , the Planning Board recommended approval of Case 06 - 11 There being no further comments , the Chairman closed the Special Use Hearing for Case 06 - 11 Decision on Special Use Case 06 - 11 Case 06 - 11 Special Use Modification A request to modify the Special Use Permit as follows original permit allows for a storage area for bricks and mixed debris , staging area for bricks to be separated from debris from a demolition site , and then removal of all brick and debris The Special Use Permit is valid for a period of twenty - four 24 months Applicant is requesting that the Special Use Permit be extended for an additional thirty - six 36 months Property is located on Enoch Road SR 1252 just west of the intersection with Meadowbrook Road SR 1136 in Meadow Township Tax ID 09I15011 Applicant James E Godwin Owner Anna M Godwin Based on the findings of facts and the special use conditions , Commissioner Cookie Pope moved the Board approve the modification to the special use permit for Case 06 - 11 to Applicant James E Godwin to allow the special use permit to be extended for an additional thirty - six 36 months 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 The Special Use Permit shall expire at 60 months from date of recording Special Use Permit original SUP allowed for a 24 month period 3 No further dumping of debris or illegal materials shall be permitted on site , nor shall the current dumping site expand in size 4 All illegal materials must be properly removed and disposed of within the 60 month time limit 5 Applicant will need to provide documentation and proof of proper disposal from either recycling facility or landfill 6 No crushing activity shall take place on site 7 All existing vegetation shall remain intact to ensure noise and visual screening 8 Cleaned processed brick may be stored on site until the permit expiration date The Chairman opened the Rezoning Hearing for Case 08 - 30 Case 08 - 30 Petition requesting to rezone 1319 acres , which is part of two tracts totaling 542 acres , located at 3151 Cleveland Road SR 1010 in Smithfield Township , from Agricultural - Residential AR to Community Business CB Tax ID 15H07019P , 15H07017A Owner Applicant Son - Lan Development Co Planning Director Berry Gray stated the petition is to rezone 1319 acres , which is part of two tracts totaling 542 acres , located at 3151 Cleveland Road in Smithfield Township , from Agricultural - Residential to Community Business Mr Gray reported the surrounding land use is predominantly Agricultural - Residential ; however , there is a small area zoned for Community Business adjacent which was used for an old store Applicant Sonny Johnson , Son - Lan Development Co , stated he would like to extend the area that is already zoned Community Business by adding the subject site Mr Johnson noted Son - Lan Development owns the subdivision located to the right of the subject site as well as the land behind the property He stated there is a large house nearby that is also owned by Son - Lan Development Mr Johnston reported Son - Lan intends to demolish the old store on the site in order to make room for a possible daycare or some other community based facility Mr Gray reported the Planning Board recommended approval of Case 08 - 30 from Agricultural Residential to Community Business There being no further comments , the Chairman recessed the Rezoning Hearing for Case 08 - 30 Page156 December 1 , 2008 – 6 00 pm Continued Decision on Rezoning Case 08 - 30 Case 08 - 30 Petition requesting to rezone 1319 acres , which is part of two tracts totaling 542 acres , located at 3151 Cleveland Road SR 1010 in Smithfield Township , from Agricultural - Residential AR to Community Business CB Tax ID 15H07019P , 15H07017A Owner Applicant Son - Lan Development Co Commissioner Allen L Mims , Jr moved the Board approve rezoning case 08 - 30 , to rezone 1319 acres , which is part of two tracts totaling 542 acres , located at 3151 Cleveland Road in Smithfield Township , from Agricultural - Residential to Community Business Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 08 - 32 Case 08 - 32 Petition requesting to rezone 4852 acres of a 526 acre tract , located at 4350 NC Hwy 50 South , Benson , North Carolina in Banner Township from General Business GB to Agricultural Residential AR Tax ID 01G12084B Owner Applicant Mark D Webb Planning Director Berry Gray stated the petition is to rezone 4852 acres of a 526 acre tract , located at 4350 NC Hwy 50 South , Benson , North Carolina in Banner Township from General Business to Agricultural Residential Mr Gray pointed out the request is a petition for a down - zoning He stated there is an old country store at the front of the property and the applicant would like for that section to remain General Business Mr Gray explained the applicant wishes to put a residence on the back part of the property Applicant Mark Webb informed the Board that his daughter would like to place a mobile home on the property , and eventually she hopes to construct a house on the site Mr Gray reported the Planning Board recommended approval of Case 08 - 32 from General Business to Agricultural Residential There being no further comments , the Chairman closed the Rezoning Hearing for Case 08 - 32 Decision on Rezoning Case 08 - 32 Case 08 - 32 Petition requesting to rezone 4852 acres of a 526 acre tract , located at 4350 NC Hwy 50 South , Benson , North Carolina in Banner Township from General Business GB to Agricultural Residential AR Tax ID 01G12084B Owner Applicant Mark D Webb Commissioner DeVan Barbour moved the Board approve rezoning case 08 - 32 , to rezone 4852 acres of a 526 acre tract , located at 4350 NC Hwy 50 South , Benson , North Carolina in Banner Township from General Business to Agricultural Residential Commissioner Tony Braswell seconded the motion , which carried by unanimous vote 3 Public Hearing Land Development Code – Properties with Expired Special Use Permits Advertised – In The Smithfield Herald – November 19 and 26 , 2008 The Chairman opened the public hearing Planning Director Berry Gray explained the amendment relates to the zoning classification of properties with an expired special use permit He noted the amendment was requested by the Planning Board as a result of repeated rezoning cases in which a special use permit had expired Mr Gray stated staff has proposed amendments to Sections 14 - 256 and 14 - 653 The amendments would include the additions of text that state in the event the special use permit is not recorded within 24 months of approval by the Board of County Commissioners , or construction has not begun within 24 months of the recording of the Special Use Permit , the zoning classification shall revert back to the previous zoning classification Mr Gray noted that upon reversion , the current landowner would be notified of the zoning re - classification by first - class mail Mr Gray also reported that on some cases , the Board has rezoned a site to General Business - Special Use District with no special use designated He stated the proposed amendment would allow the property owner 24 months instead of 12 months to designate a use for the property Mr Gray pointed out that the extension of the time limit to designate a use would help developers market their property for longer periods of time Mr Gray explained that the amendment would not affect a use that has already been constructed PagePage pageNumber5157 December 1 , 2008 – 6 00 pm Continued At the inquiry of Commissioner Cookie Pope , Mr Gray reported an extension could be requested for one year on the special use permit and in some cases the extension could be granted by staff ; however , more complicated requests may require approval by the Planning Board Commissioner Tony Braswell asked how a prospective property owner would be aware of any special use requirements or zoning requirements on property that he or she may be in negotiations to acquire Mr Gray responded that any type of zoning or special use requirements should be discovered in the due diligence process of acquiring a piece of property Mr Gray stated the Planning Department and the Building Inspections Department now requires a property owner to meet all special use permit requirements prior to issuance of a Certificate of Occupancy Mr Gray acknowledged that there has been some instances in the past where a piece of property has changed ownership with the new owner unaware of any type of special use requirements ; however , staff has taken measures to ensure that does not happen in the future Royal Williams , 66 Windham Way , Clayton , asked if the amendment could include language to require a seller to disclose to a prospective buyer any type of restrictions on the property related to zoning or permit requirements Mr Gray stated staff has gone back and made sure every special use permit has been recorded at the Register of Deeds Office for uses that are in operation , to ensure that all prospective buyers will discover any type of special use restrictions on a piece of property Commissioner Braswell noted he has seen a number of instances where a buyer has purchased a piece of property that was assumed to be commercially zoned only to learn that it is zoned Agricultural - Residential Mr Gray stated staff hopes that with the proposed amendment , such instances would not occur in the future since the property would revert back to Agricultural - Residential within 24 months if no construction begins on the property Sonny Johnson , 341 Sonny Road , stated that on occasion , he has seen instances where individuals purchase homes and then finish the upstairs or bonus rooms over garages or perhaps construct garages at a later date Mr Johnson reported that recently on a home purchased by Son - Lan , one of his associates contacted the Inspections Department to obtain permit information on an addition of a garage to the residence only to learn that Inspections discards permits after five years Mr Johnson expressed concern over not being able to go back and pull permits beyond five years , indicating that new homeowners need to have the option of researching their home’s construction or additions to ensure that the additions were legitimately constructed Commissioner Allen L Mims , Jr noted that if an addition is legitimately constructed with the proper permits and inspections , then it should be reported on the tax card for the property Mr Johnson stated such additions may be discovered during revaluation Commissioner Mims clarified that during revaluation , appraisers do not enter homes and additions such as finishing an upstairs or bonus room may not be discovered during revaluation Commissioner Jeffrey P Carver added that a new addition such as an outbuilding or garage would be discovered during the revaluation Commissioner DeVan Barbour expressed concern over discarding permits after only five years , noting that he believed the records should be retained longer Commissioner Mims agreed with Commissioner Barbour and stated the records could be maintained electronically to help with space needs After further discussion , County Manager Rick Hester stated he and Mr Gray would gather more information on records retention for the Inspections Department and report back to the Board Commissioner Mims suggested that Mr Hester contact Tax Administrator Pat Goddard to determine how they handle addition discoveries during revaluation Mr Gray noted that the Inspections Department has begun electronically scanning their files ; however , he was unsure as to exactly how long they maintain those records PagePage pageNumber6158 December 1 , 2008 – 6 00 pm Continued Deputy Clerk Melissa Daughtry reported that the Inspections Department is required by the State to keep their permit records for at least six years There being no further comments , the Chairman closed the public hearing Commissioner Allen L Mims , Jr moved the Board approve the amendments to Sections 14 - 256 and 14 - 653 of the Land Development Code as presented Commissioner Tony Braswell seconded the motion , which carried by unanimous vote Section 14 - 256 b Starting time limit If the use , construction , or activity authorized by the board of commissioners approval of an application for a special use permit or modification of special use permit is not started within 24 months of the date of approval or within such further time stipulated in the approval , the approval shall expire and any county permit issued pursuant to the approval shall be void The planning director may grant an extension of the starting time limit for up to 12 months , unless he determines that paramount considerations of health , the general welfare , or public safety require the board of commissioners ’ reapproval In such instances , the planning director shall require the application to be reviewed in accordance with the procedures set forth in section 14 - 254 The planning director shall determine whether the use , construction , or activity has started In the event that a Special Use Permit is not recorded within 24 months of approval by the Board of County Commissioners , or construction has not begun within 24 months of the recording of the Special Use Permit , the zoning classification shall revert back to the previous zoning classification Upon reversion , the current landowner shall be notified of the zoning re - classification by first - class mail Section 14 - 653 h Relationship of special use district zoning and special use permit If the board of commissioners approves an application for rezoning to a special use district , but denies the accompanying application for a special use permit , or if an accompanying application for a special use permit is not considered by the board of commissioners , the rezoning application shall be deemed to be conditionally approved , subject to submittal and board of commissioner approval of an application for a special use permit in accordance with article IV of this chapter Failure to obtain approval of a special use permit within one year twenty - four 24 months of the conditional approval of rezoning or a conditional use district shall void the conditional approval and the zoning classification shall revert back to the previous zoning classification Upon reversion , the current landowner shall be notified of the zoning re - classification by first - class mail No use other than a use permitted by the previously - existing zoning may be made under the conditional approval of rezoning to a special use district The owner of a property subject to conditional approval of rezoning to a conditional use or special use district may , upon notice to the board of commissioners , abandon the conditional approval of the rezoning before expiration of the one - year twenty - four 24 month period 4 Manager Reports and Comments A EMS Association Meeting County Manager Rick Hester invited the Board to attend the EMS Association meeting on Wednesday , December 3 , 2008 at 7 00 pm at the Johnston Community College Public Safety Building B Lowell Mill Property County Manager Rick Hester requested the Board to take action to convey the Lowell Mill property back to Restoration Systems , LLC Commissioner W Ray Woodall moved the Board convey the Lowell Mill Dam property back to Restoration Systems , LLC Commissioner Cookie Pope seconded the motion , which carried by unanimous vote 5 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 6 50 pm Wade M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage