March 5, 2007 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 127 Meeting of the Johnston County Board of Commissioners March 5 , 2007 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , March 5 , 2007 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 , April N Byrd , Clerk to the Board , J Mark Payne , County Attorney , and Deva C Holt , Deputy Clerk 1 Public Comments A Johnston Community College – Request Funds for Parking Lots Paving Project Dr Don Reichard , President of Johnston Community College , requested the Board advance 63,000 to the College to proceed with the design phase of the paving project for parking areas Commissioner Jeffrey P Carver moved the Board advance Johnston Community College 63,000 to proceed with the design phase of the paving project for parking areas , and approve the necessary budget amendment to do so Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 63009015 JCCC Capital Outlay 63,00000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 460033990 Fund Balance Appropriated 63,00000 B Resolution to Increase Funding Formula for Allied Health Programs in the North Carolina Community College System Dr Don Reichard requested the Board adopt a resolution in support of the General Assembly increasing the funding formula for allied health programs in the NC Community College system Commissioner W Ray Woodall moved the Board adopt the following resolution in support of the General Assembly increasing the funding formula for allied health programs in the NC Community College system Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote Resolution to Increase Funding Formula for Allied Health Programs in the North Carolina Community College System WHEREAS , enrollment demand for and job opportunities within the allied health industry have never been higher in the State’s history ; and WHEREAS , for the reporting period July 1 , 2005 - June 30 , 2006 , enrollment in associate and diploma health programs in the North Carolina Community College System NCCCS rose to 20,820 Full Time Equivalent FTE students ; and WHEREAS , according to the Pappas Study , there exists severe projected gaps in supplying the workforce in allied health occupations requiring education at North Carolina Community College System institutions ; and WHEREAS , by 2015 , there will be a shortage of 9,000 nurses in North Carolina ; and WHEREAS , by 2020 , there is a projected shortage of 18,000 nurses in North Carolina and 800,000 nationwide ; and WHEREAS , there are at least 7,500 vacancies for all health care positions in the 120 hospitals in North Carolina ; and WHEREAS , according to the Center for Health Professions , the shortage of allied health professionals is driven by an aging workforce , increased demand for care and services , inadequate number of educational programs , and faculty shortages ; and WHEREAS , 62 of nurses in North Carolina are community college graduates with associate degrees ; and WHEREAS , according to Gordon DeFriese , president of the North Carolina Institute of Medicine , in 2004 approximately 5,000 qualified applicants were turned away from nursing programs across North Carolina due to lack of space ; andPage128 March 5 , 2007 - 6 00 pm Continued WHEREAS , nursing and allied health faculty salaries at the State’s community colleges are higher than the average faculty salary with the same degree due to the competitive salaries in the workplace ; and WHEREAS , the need for specialized and current equipment to prepare graduates for highly technical health care workforce is cost prohibitive to many institutions ; and WHEREAS , according to the NCCCS , allied health programs carry a weighted cost of 15 - 16 more than current appropriations ; and WHEREAS , according to the NCCCS , it costs approximately 1,520 more per FTE to fund health sciences programs than other instructional programs ; THEREFORE BE IT RESOLVED that the North Carolina General Assembly increase the formula funding for all allied health programs in the North Carolina Community College System to 147 per FTE NOW , THEREFORE , the Johnston County Board of Commissioners does hereby approve the above resolution to increase the funding formula for the Allied Health Programs in the North Carolina Community College System C Citizen Request for County’s Assistance with Road in Subdivision near Princeton Charles Capps , 171 Christopher Avenue , Princeton , addressed the Board concerning the road situation in his subdivision , Standridge La Petite Estates , off of Quarterhorse Road in Princeton The road in the subdivision is an unpaved private road , and is in great need of repair The condition of the road makes it difficult for residents to receive services such as public school transportation , mail , and law enforcement The residents requested the County’s assistance in negotiating with the NC Department of Transportation DOT to service the road Upon a request by Chairman Pope , County Manager Rick Hester agreed to meet with Mr Capps and representatives from DOT to try and resolve the matter 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – February 23 , 27 , 2007 Certified letters were mailed to adjoining property owners on February 22 , 2007 Notices were posted at the locations on December 6 , 2006 for Case 06 - 39 , and January 2 , 2007 for Case 07 - 1 The Chairman opened the Rezoning Hearing for Case 06 - 39 Case 06 - 39 Petition to rezone 1057 acres from Agricultural - Residential District AR to Agricultural - Residential District AR with an overlay of Interstate Highway Interchange District IHI located on Old Drug Store Road SR 1524 , which is approximately ¼ of a mile south of its intersection with NC 42 West in Cleveland Township Tax ID 06E02009J , 06E02009I , 06E02009C Applicant William Douglas Parker , Jr c o Conan McClain Owners William Haywood & Patsy Whitley , Jeanette Whitley & James David Hagwood , Wade Stanley & Hilda Walton Whitley Berry Gray , Assistant Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone 1057 acres from Agricultural - Residential District AR to Agricultural - Residential District AR with an overlay of Interstate Highway Interchange District IHI located on Old Drug Store Road SR 1524 , which is approximately ¼ of a mile south of its intersection with NC 42 West in the Cleveland Township The subject property is bound on three sides by IHI overlay district The Applicant owns the 70 acre parcel zoned IHI adjacent to and surrounding the subject property Mr Gray noted the IHI overlay extends 3000 ft from the Highway 42 and Interstate 40 interchange In response to a question from Commissioner Wade M Stewart , Mr Gray stated the southern edge of the subject property is approximately 6000 ft from the interchange Commissioner Stewart expressed concern that if the Board approved the request and extended the IHI overlay 6000 ft for this particular Applicant , other property owners would expect the same treatment Bob Mitchell , 3523 N Roxboro Street , Durham , appeared before the Board representing the Applicant Doug Parker , who has the property under contract to buy if the rezoning is granted He stated that the Applicant owns contiguous property , and wants to incorporate the subject property into a master plan Mr Mitchell emphasized the Applicant has been very detailed , and studied the project for over four years He noted the subject property is surrounded by non - residential properties , and would provide interconnectivity to Old Drugstore Road Currently , there are no specific plans for the property Mr Gray noted the Planning Board recommended approval of the rezoning request for Case 06 - 39 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 06 - 39 Page129 March 5 , 2007 - 6 00 pm Continued Decision on Rezoning Case 06 - 39 Case 06 - 39 Petition to rezone 1057 acres from Agricultural - Residential District AR to Agricultural - Residential District AR with an overlay of Interstate Highway Interchange District IHI located on Old Drug Store Road SR 1524 , which is approximately ¼ of a mile south of its intersection with NC 42 West in Cleveland Township Tax ID 06E02009J , 06E02009I , 06E02009C Applicant William Douglas Parker , Jr c o Conan McClain Owners William Haywood & Patsy Whitley , Jeanette Whitley & James David Hagwood , Wade Stanley & Hilda Walton Whitley Commissioner DeVan Barbour moved the Board approve rezoning case 06 - 39 , to rezone 1057 acres from Agricultural - Residential District AR to Agricultural - Residential District AR with an overlay of Interstate Highway Interchange District IHI located on Old Drug Store Road SR 1524 , which is approximately ¼ of a mile south of its intersection with NC 42 West in Cleveland Township Commissioner Wade M Stewart seconded the motion Discussion Commissioner Wade M Stewart stated an extension of the IHI overlay makes sense , due to circumstances of the particular request , however , he expressed concern that if the Board continues to approve development in the Highway 42 and Interstate 40 area , there will be no space for traffic improvements in the future Vote The motion carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 07 - 1 Case 07 - 1 Petition to rezone 232 acres 139 acres of a 18 acre tract and 93 acres of a 17 tract from Agricultural Residential AR with an overlay of Interstate Highway Interchange District IHI to General Business Special Use District GB - SUD with an overlay of Interstate Highway Interchange District IHI , located at 130 Bagley Road , which is approximately ¼ of a mile south of its intersection with US 301 North in Micro Township Tax ID 10P06045 , 10P06045B Applicant Jimmy Barbour Surveying Owners Rose C Hales , Carl S Hales Berry Gray , Assistant Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone 232 acres 139 acres of a 18 acre tract and 93 acres of a 17 tract from Agricultural Residential AR with an overlay of Interstate Highway Interchange District IHI to General Business Special Use District GB - SUD with an overlay of Interstate Highway Interchange District IHI , located at 130 Bagley Road , which is approximately ¼ of a mile south of its intersection with US 301 North in the Micro Township The Applicant is also asking the Board to approve an accompanying special use request for the operation of a self storage and office space Mr Gray referenced letters from adjacent property owners supporting the requests Applicant Jimmy Barbour , of Jimmy Barbour Surveying , addressed the Board representing the property owners , Rose and Carl Hales He stated the nearest self storage units are 10 - 12 miles away from the subject property Mr Gray noted the Planning Board recommended approval of the rezoning request for Case 07 - 1 There being no further comments , the Chairman closed the Rezoning Hearing for Case 07 - 1 Decision on Rezoning Case 07 - 1 Case 07 - 1 Petition to rezone 232 acres 139 acres of a 18 acre tract and 93 acres of a 17 tract from Agricultural Residential AR with an overlay of Interstate Highway Interchange District IHI to General Business Special Use District GB - SUD with an overlay of Interstate Highway Interchange District IHI , located at 130 Bagley Road , which is approximately ¼ of a mile south of its intersection with US 301 North in Micro Township Tax ID 10P06045 , 10P06045B Applicant Jimmy Barbour Surveying Owners Rose C Hales , Carl S Hales Page130 March 5 , 2007 - 6 00 pm Continued Commissioner W Ray Woodall moved the Board approve rezoning case 07 - 1 , to rezone 232 acres 139 acres of a 18 acre tract and 93 acres of a 17 tract from Agricultural Residential AR with an overlay of Interstate Highway Interchange District IHI to General Business Special Use District GB - SUD with an overlay of Interstate Highway Interchange District IHI , located at 130 Bagley Road , which is approximately ¼ of a mile south of its intersection with US 301 North in Micro Township Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 07 - 1 Case 07 - 1 Application to allow for the operation of a self storage and office space Applicant Jimmy Barbour Surveying Owners Rose C Hales , Carl S Hales Those wishing to speak on Special Use Case 07 - 1 were sworn in by the Clerk to the Board Assistant Planning and Zoning Director Berry Gray introduced the special use case , and stated the request is to allow for the operation of a self storage and office space He introduced the following summary of evidence into the record , and specifically mentioned condition # 3 A pre - application consultation was held with the applicant for Case 07 - 1 on December 1 , 2006 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 January 16 , 2007 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 07 - 1 and made the following recommendations Upon a motion by Mr Moore , seconded by Mr Johnson , and carried by a unanimous vote of 7 - 0 , the Planning Board voted to recommend approval of the Special Use Permit Request , Case 07 - 1 , based on and subject to the following 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 development will provide needed storage in a safe , access controlled environment Staff Security fencing , lighting , and an access controlled development would maintain and promote the health , safety , and general welfare of the public 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 Landscape and setback buffers per Land Development Code will be installed This use is allowed as a Special Use in the General Business Zoning District Staff Landscape requirements will buffer the self - storage from the farmed and residentially used land Also , Storage of an Outdoor nature is a permitted right within the IHI district Indoor storage would be considered less intense and more compatible with the area 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 will provide much needed storage for those people that don’t have it and it will be in a safe and controlled environment Staff Subject property is located within one of the seven IHI overlay districts , where the county accepts and directs commercial development along an existing or proposed interstate within the county’s zoning jurisdiction 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 Area to be fenced and landscaped per code Staff Applicant will abide by all Land Development Codes and any requirements as set forth by the board Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff PagePage pageNumber5131 March 5 , 2007 - 6 00 pm Continued 3 Installation of at least a Class B buffer along all rezoning lines 3 large trees , 4 small tress , and 12 shrubs every 100 linear feet , except along commonly owned lines where Class A 2 large trees , 2 small trees , and 6 shrubs will be allowed May leave existing natural vegetation if more intense than the buffer requirement 4 Hours of operation 7am - 9pm , 7 days a week 5 Area security lighting must meet code and be engineered as to not glare onto adjacent properties 6 Access to development must be controlled 7 Security fencing ie chain link , wood pole around the facility to prevent trespassing , with appropriate landscaped screening of the fencing 8 Signage must comply with Sign Code Applicant Jimmy Barbour , of Jimmy Barbour Surveying , offered to answer any questions In response to a question from Commissioner Jeffrey P Carver , he stated that the property owners , Rose and Carl Hales , are agreeable to the proposed special use conditions Mr Gray noted the Planning Board recommended approval of the special use request for Case 07 - 1 There being no further comments , the Chairman closed the Special Use Hearing for Case 07 - 1 Decision on Special Use Case 07 - 1 Case 07 - 1 Application to allow for the operation of a self storage and office space Applicant Jimmy Barbour Surveying Owners Rose C Hales , Carl S Hales Based on the following findings of fact and special conditions , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Applicant Jimmy Barbour Surveying and Owners Rose C and Carl S Hales to allow for the operation of a self storage and office space at 130 Bagley Road , which is approximately ¼ of a mile south of its intersection with US 301 North in the Micro Township Commissioner DeVan Barbour 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 development will provide needed storage in a safe , access controlled environment Security fencing , lighting , and an access controlled development would maintain and promote the health , safety , and general welfare of the public 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 ; Landscape and setback buffers per Land Development Code will be installed This use is allowed as a Special Use in the General Business Zoning District Landscape requirements will buffer the self - storage from the farmed and residentially used land Also , Storage of an Outdoor nature is a permitted right within the IHI district Indoor storage would be considered less intense and more compatible with the area 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 will provide much needed storage for those people that don’t have it and it will be in a safe and controlled environment Subject property is located within one of the seven IHI overlay districts , where the county accepts and directs commercial development along an existing or proposed interstate within the county’s zoning jurisdiction 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 Area to be fenced and landscaped per code Applicant will abide by all Land Development Codes and any requirements as set forth by the board Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Installation of at least a Class B buffer along all rezoning lines 3 large trees , 4 small tress , and 12 shrubs every 100 linear feet , except along commonly owned lines where Class A 2 large trees , 2 small trees , and 6 shrubs will be allowed May leave existing natural vegetation if more intense than the buffer requirement 4 Hours of operation 7am - 9pm , 7 days a week 5 Area security lighting must meet code and be engineered as to not glare onto adjacent properties 6 Access to development must be controlled 7 Security fencing ie chain link , wood pole around the facility to prevent trespassing , with appropriatePagePage pageNumber6132 March 5 , 2007 - 6 00 pm Continued landscaped screening of the fencing 8 Signage must comply with Sign Code 3 Public Hearing Mountains - to - Sea Trail Master Plan Advertised February 23 , 2007 The Smithfield Herald Chairman Pope opened the public hearing , and stated the purpose hearing is to receive public comment on the “ Mountains - to - Sea Trail ” master plan prepared by Greenways Incorporated with participation by the NC Department of Environment and Natural Resources , NC Department of Transportation , Johnston County , and several Johnston County towns The plan describes why the trail is needed , what the trail system will entail , and how to make it a reality County Manager Rick Hester stated there was a community meeting held on February 21 , 2007 to inform citizens about the Mountains - to - Sea Trail The County Manager’s Office mailed letters giving notice of st the February 21 meeting to residents that may be affected by the trail Mr Hester noted there was a great turn - out at the meeting Tom Norman , Director of the Division of Bicycle and Pedestrian Transportation with NC DOT , gave a brief presentation on the proposed trail The conceptual plan is for the trail to follow the Neuse River through Johnston County It would be a place for hiking , biking , canoe access , and other activities Clayton and Smithfield are developing similar greenway projects within their town limits The intent is to continue the trail from the Wake County line to Clayton , and from Clayton to Smithfield The end goal is to one day have the trail extend all the way to New Bern He showed examples of greenways trails in Catawba , Swain , and Wilkes counties Mr Norman offered to answer questions County Manager Rick Hester commented it would take several years to complete the project Federal funds in the amount of 16 million have already been appropriated for the trail The Town of Clayton has begun acquiring easements from property owners Mr Hester noted the idea would be to use federal money that is currently available to extend the trail from Clayton to Smithfield In response to a question from Commissioner Allen L Mims , Jr , Mr Norman stated those involved in the trail project understand that people are sensitive about their properties The hope is to gain donations of property over time Another option is at the time of site approval , ask developers with properties along the river to donate easements for the continuation of the trail In response to a question from Commissioner DeVan Barbour , Mr Norman noted the total cost of the project is expected to be 12 - 15 million Commissioner Mims asked about the maintenance of the trail , who does it and how is it paid for Mr Norman responded the State performs the design work of the projects , and try to do this in such a way that minimizes construction maintenance The local government , through which the trail passes , owns that particular portion , and would be responsible for its maintenance He commented if the trail is attractive , it will bring revenue to the local economy Sonny Johnson , 341 Sonny Road , Clayton , asked if dogs and horses would be allowed on the trail He expressed concern that the trail would be going through people’s yards and pastures , and people might be stopping to camp Mr Johnson asked the Board to consider the impact the trail would have on landowners along the Neuse Dan Simmons , 125 Everett Lane , Smithfield , expressed similar concerns and cautioned the Board on spending taxpayer dollars to maintain the trail Commissioner Wade M Stewart agreed with these concerns , and asked who would police the trail In response to the above questions , Mr Norman stated it would be the local government’s decision whether to allow pets on the trail He noted the State receives federal transportation program funds , in which 10 goes toward non - motorized enhancements Some of these funds could be designated for the trail in Johnston County In regards to the “ police ” concerns , Mr Norman commented the more the trail is used equates to fewer problems with vandals In Wake County , citizen volunteers police the trail PagePage pageNumber7133 March 5 , 2007 - 6 00 pm Continued Mr Hester suggested that at some point in the future , if the Board approves the conceptual plan , it might be a good idea to have an advisory board of landowners along the river He requested Mr Norman give him the names of other counties that have adopted the plan , and he will contact their managers to receive feedback Jeff Brewer , with Friends of the Mountains - to - Sea Trail , expressed support for the project with a natural surface hiking trail , however , he asked the Board to consider endorsing the Little River corridor option to connect the trail from Smithfield to Wayne County The other option is the Neuse River Corridor Mr Brewer explained the Little River corridor would avoid wetland areas , and noted that Selma and Pine Level have passed resolutions supporting this option Doug Nicholas , with Triangle Land Conservancy , also expressed support for the project Pete Connet , Smithfield Town Manager , stated the Town also supports the project Smithfield will have a three mile trail Half of the property is owned by the Town , and half of the property has been donated Larry Bailey , with the Town of Clayton , added the Clayton Town Council has adopted a long range plan that includes connecting its greenway system to the trail There being no further comments , the Chairman closed the public hearing Commissioner Allen L Mims , Jr moved the Board adopt the conceptual Mountains - to - Sea Trail plan , which will bring the trail to Smithfield Commissioner Tony Braswell seconded the motion Discussion Commissioner Wade M Stewart stated that he likes the concept ; however , he does not feel comfortable endorsing a project that he does not know what the final cost will be Commissioner Cookie Pope agreed with Commissioner Stewart’s concerns Vote Ayes Commissioners Allen L Mims , Jr , W Ray Woodall , Jeffrey P Carver , DeVan Barbour , and Tony Braswell Nays Cookie Pope and Wade M Stewart 4 Public Hearing Town of Wilson’s Mills Request to Establish ETJ Advertised February 23 , 27 , 2007 The Smithfield Herald Chairman Pope opened the public hearing , and stated the purpose of the hearing is to give the Town of Wilson’s Mills an opportunity to present a request to establish an ETJ and receive citizen input on the matter Peter Wilson , Mayor of Wilson’s Mills , presented to the Board a request to establish a one - mile ETJ for the Town He introduced the following individuals in attendance at the meeting Mayor Pro - tem Phillip Wright , Councilman Clifton Cooley , Councilman Donald Byrd , Town Advisor Ed Temple , Planning Board Chairman Fleta Byrd , Planning Board Members Michael Smith and Lloyd Barnes , and Town Clerk Leighanna Worley Mr Wilson offered to answer questions from the Board Tony Tetterton , 428 Camp Road , Selma , expressed concern that the establishment or extension of an ETJ would lead to annexation in the future Commissioner Allen L Mims , Jr noted an area does not have to be in an ETJ in order to be annexed by a town Dan Simmons , consulting engineer representing the towns of Selma , Pine Level , and Kenly , stated , in his opinion , the Commissioners should endorse ETJ expansions , and direct high - density growth toward the towns However , on behalf of the Town of Selma , he asked that the Board defer a decision on Wilson’s Mills request until differences regarding gaps and overlaps between the two towns have been resolved Mr Wilson noted Wilson’s Mills and Selma are in disagreement about whose ETJ two tracts of property should be located within He stated if this matter is going to delay discussion and or decision on Wilson’s Mills request , the Town will exclude those two tracts from its proposal PagePage pageNumber8134 March 5 , 2007 - 6 00 pm Continued There being no further comments , the Chairman closed the public hearing It was the consensus of the Board to take the request under advisement , until hearing all ETJ requests from all the towns , and at that time , discuss them comprehensively 5 Public Hearing Town of Smithfield Request to Extend ETJ Advertised February 23 , 27 , 2007 The Smithfield Herald Chairman Pope opened the public hearing , and stated the purpose of the hearing is to give the Town of Smithfield an opportunity to present a request to extend their ETJ and receive citizen input on the matter Pete Connet , Smithfield Town Manager , thanked the Board for the opportunity to present the Town’s request to extend its ETJ to two miles He introduced Mayor Norman Johnson and Planning Director Paul Embler Mr Connet referenced the following supporting documentation submitted in the Commissioners ’ agenda packets • Copy of the resolution adopted by the Town Council on February 6 , 2007 concerning the proposed ETJ boundaries • Hard copy of the map titled “ Draft Proposal of Urban Growth Boundary & ETJ Revision , February 6 , 2007 ” • CD digitally capturing the above reference map • Letters from the Town of Smithfield to the Town of Four Oaks and to the Town of Wilson Mills requesting verification of ETJ boundaries • Confirmation letter from the Town of Wilson Mills concerning ETJ boundaries • Senate Bill 434 from the 1979 NC General Assembly delineating the ETJ boundary between Smithfield and Selma • House Bill 1488 from the 1985 NC General Assembly granting Smithfield the right to exercise a two - mile ETJ , with the approval of the Johnston County Board of Commissioners Mr Connet stated with the completion of the Clayton bypass , Smithfield will soon see substantial growth to the north and west of town Presently , a number of developers and property owners are actively pursuing projects west along the US 70 business corridor as well as north of town along the Buffalo Road corridor The Town is receiving numerous requests for in - town developments as well as voluntary annexation requests from outside of the corporate limits and the existing ETJ He commented these development requests are , in part , due to the residential development incentives offered by the Town but can also be attributed in part to the County’s land use policies By combining the incentives with the availability of reasonable priced land , the Town’s commercial centers , the hospital , the community college , governmental offices , the schools , the parks and greenway system , Smithfield is uniquely poised to experience dramatic growth while offering a high quality standard of living Mr Connet noted upon completion of the Clayton bypass , NC DOT will begin the construction of the Booker Dairy Road Extension , which will tie US Highway 70 – Business at Rose Manor Shopping Center to the high school middle school , the community park with the future community aquatics center , to the commercial centers along US Highway 301 North near Wal - Mart In addition , Johnston Memorial Hospital has committed to a 115 million expansion for the Smithfield campus This expansion will create a new entrance to the hospital from Hospital Road SR 1923 , thus requiring upgrades to Hospital Road between US Highway 301 and Buffalo Road Once the roadway improvements are completed , the major access to the hospital from the west Clayton and the north Flowers Plantation and Riverwood will be Exit 333 on US Highway 70 Buffalo Road SR 1003 By combining the hospital construction project , the location of the high school and middle school , with the residential development requests along the Buffalo Road corridor , it is a necessity that the north side of Smithfield be planned and developed in a controlled orderly manner Most of the landmass , which is in the Buffalo Road corridor , lies outside the town limits and the existing ETJ He further noted , presently in the County , there is residential growth occurring along SR 1010 Cleveland School Road to the west of Smithfield , and southwest of Smithfield along Galilee Road SR 1341 near the newly constructed West Smithfield Elementary School As this development draws closer to Smithfield , it will also necessitate the implementation of good planning and development standards in order to assure quality development Mr Connet stated that with all the development that is occurring just north and west of Smithfield and with the speculative development inquiries being made along US Highway 70 - Business , Wilson’s Mills Road , and the Buffalo Road corridors , it will only be a matter of time before this growth will place demands upon the Town of Smithfield to provide services Therefore , it has become increasing apparent that Smithfield needs toPagePage pageNumber9135 March 5 , 2007 - 6 00 pm Continued expand its projected growth boundaries and manage that growth as allowed by the North Carolina General Statues Planning Director Paul Embler stated that referenced a map of the current one - mile ETJ and proposed ETJ extension He noted there is a good portion of land that is not incorporated into the one - mile ETJ at the present time Mr Embler provided the following justification in regards to the criteria and Smithfield’s request to extend their ETJ Criteria 1 - The area is within the statutory framework for granting ETJ Justification – The request of ETJ expansion contains no property located more than two miles from the Town’s contiguous city limits This requirement is prescribed by the NC General Statutes The towns of Wilson’s Mills , Four Oaks , Selma and Pine Level have been consulted in determining the proposed ETJ limits The town of Wilson’s Mills is in agreement with the proposed boundaries The towns of Selma , Four Oaks and Pine Level are in general agreement with the proposed ETJ limits with the exception of a few parcels of land Criteria 2 - The Town has demonstrated a commitment to sound planning Justification – The Town of Smithfield has exercised zoning and subdivision control since 1968 Smithfield has an active planning board that has its membership compromised of both Town residents as well as ETJ residents The Town has a planning department that is staffed by a planning director , a planner , a code enforcement officer and an administrative assistant In May 2003 , the Town Council adopted a Comprehensive Growth Management Plan , which incorporated not only the existing town limits and ETJ , but also the areas outside the existing ETJ that would be included in a two - mile ETJ limit In order to facilitate future growth , the Town is now developing a Unified Development Ordinance that will replace the existing zoning and subdivision ordinances The Town has also made strong commitments to transportation planning An example would be the Traffic Impact Analysis undertaken at the Outlet Mall at I - 95 , which resulted in a Small Area Thoroughfare Plan adoption As a result of these planning efforts , the Town is now pursuing a joint public private 55 million roadway improvement project that involves not only the Town but also includes two developers , a property owner and NC DOT Criteria 3 – The Town has made or is willing to make a commitment to sound planning as necessary to serve the area with municipal services in the future Justification – Smithfield is committed to sound fiscal planning The Town has a five - year capital improvement plan , which is updated annually and reviewed with Council This plan projects the needs of the various departments so that the departments can provide services to the growth areas This capital improvement plan is a dynamic planning tool and will change to accommodate areas as they come into the Town’s limits and or ETJ Criteria 4 – The area has a logical , social , or geographic connection with the municipality Justification – The areas under consideration for inclusion into the two - mile ETJ for the most part have Smithfield mailing addresses The Town’s fire department and EMS already serve a large portion of the proposed two - mile ETJ A survey of the residents who live within the proposed ETJ boundaries would find that most residents already shop in Smithfield , attend church in Smithfield and their children attend school in Smithfield The natural geographic boundaries of Holt Lake , the Neuse River , Black Creek , and Swift Creek , along with other natural boundaries provide much of the limits for the ETJ In other cases , roads like US 70 provide excellent boundaries that are logical growth limits In other areas , the General Assembly has already set where Smithfield’s ETJ limits shall be located Senate Bill 434 from the 1979 Session of the NC General Assembly , which delineates the ETJ boundary between Smithfield and Selma from I - 95 to SR 1929 near the Neuse River Commissioner Tony Braswell asked if there was general consensus between Smithfield and surrounding towns Mr Embler responded , in regards to the Town of Selma , there are a few pieces of property that they have not agreed upon , however , Mr Embler and Mr Simmons , representing Selma , Pine Level , and Kenly , both stated they believe an agreement can be reached between the two towns Mr Connet stated , in regards to the Town of Four Oaks , there is no real disagreement , however , there are a few issues to be worked on with properties near Holt Lake He added that Smithfield may never be able to reach an agreement with all the towns , and requested if a citizen comes to the Commissioners and asks to be in one ETJ versus another , the Board honors their request Mr Simmons commented , in his opinion , this decision would not be up to the County Commissioners He suggested the towns have a joint meeting , and come to a consensus on the matter Page0136 March 5 , 2007 - 6 00 pm Continued Bill Perry , 3379 301 South , Smithfield , appeared before the Board expressing confusion over whether Smithfield is trying to extend its ETJ or annex properties He asked if the Commissioners are requiring the towns to present ETJ extension requests Mr Embler responded that Smithfield is doing both , requesting an ETJ extension and considering th annexation The Town Council will discuss an annexation proposal at their March 27 meeting Commissioner Allen L Mims , Jr reiterated his comments made at the 10 00 am meeting earlier in the day , and stated the County is not forcing the towns to make ETJ requests , rather the towns are asking the County for the authority to either establish an ETJ , in the case of Wilson’s Mills , or extend their existing ETJ , in the cases of the other towns that have presented requests Ed Temple , consultant for Wilson’s Mills , stated the town has been working on their request for considerable time and with the Town of Selma since August He urged all the towns to work together so that everyone can move forward with their requests Commissioner Cookie Pope emphasized the Commissioners expect all differences to be worked out prior to the towns presenting their ETJ requests Commissioner Mims suggested the towns forward their ETJ requests to the County Planning Department , so staff can put all the requests on one map There being no further comments , the Chairman closed the public hearing It was the consensus of the Board to take the request under advisement , until hearing all ETJ requests from all the towns , and at that time , discuss them comprehensively Commissioner Allen L Mims , Jr stated he is willing to take action on requests that do not have conflicts with adjacent towns In his opinion , the Board should not make those folks wait 10 - 12 months until other towns resolve their conflicts 6 Call for Public Hearing Planning Board Officer Terms Commissioner Allen L Mims , Jr moved the Board schedule a public hearing for the April 2 , 2007 6 00 pm meeting to consider an amendment to the Johnston County Code of Ordinances Section 14 - 632 o regarding term limits of the Planning Board Chairman and Vice Chairman Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote 7 Manager Reports and Comments At the request of County Manager Rick Hester , it was the consensus of the Board to hold a special meeting on Tuesday , March 13 , 2007 at 8 00 am to accept letters of conditions for O’Neals Water District - Phases I , II , and III , and consider lease purchase loans for wastewater capacity for several other water districts 8 Board Reports and Comments Commissioner Tony Braswell commented that he has great concern for the trash along the County’s roadways He asked Chairman Cookie Pope to consider putting together a work group to address this issue Commissioner Pope agreed to take this suggestion under advisement There being no further business , Commissioner Allen L Mims , Jr moved the Board adjourn Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The meeting adjourned at 8 41 pm ____________________________ Cookie Pope , Chairman ____________________________ April N Byrd , Clerk to the BoardPage