April 2, 2007 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 159 Meeting of the Johnston County Board of Commissioners April 2 , 2007 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , April 2 , 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 , Deva C Holt , Deputy Clerk , and J Mark Payne , County Attorney 1 Public Comments A Citizen Request for Waiver of County Water Policy Joe Stokes , 7921 Hwy 701 , Newton Grove , addressed the Board and requested a waiver of the County’s water policy Mr Stokes would like to obtain a well permit rather than tap onto the county water line In response to Chairman Pope’s request , County Manager Rick Hester agreed to look into the matter further , and talk with Mr Stokes later in the week B Thanks to Archer Lodge Fire Department Archer Lodge Fire Department Chief Pete Barnes and Assistant Chiefs Phillip Driver and Joel Pace appeared before the Board The Commissioners thanked the chiefs and the department for their exceptional performance in the handling of the recent stump dump fire Human Resources Director and Public Information Officer Pat LaCarter also thanked the department for their team work and professionalism 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – Friday , March 23 , 2007 and Tuesday , March 27 , 2007 Certified letters were mailed to adjoining property owners March 22 , 2007 Notices were posted at the locations on February 7 , 2007 for Case 04 - 5 The Chairman opened the Special Use Hearing for Case 04 - 5 Case 04 - 5 Application to modify a Special Use Permit for the convenience store to include EMS usage of vacant space above the existing car wash located at the southeast corner of the intersection of NC Highway 42 and Cornwallis Road SR 1525 Tax ID 05F02020 Owner Wil - Dor , Inc Applicant Stefan Fehr for Clayton Area Rescue Inc Those wishing to speak on Special Use Case 04 - 5 were sworn in by the Deputy Clerk to the Board Interim Planning and Zoning Director Berry Gray introduced the special use case , and stated the request is to modify an existing special use permit for the convenience store located at the southeast corner of the intersection of NC Highway 42 and Cornwallis Road SR 1525 to include EMS usage of vacant space above the existing car wash He introduced the following summary of evidence into the record , and specifically pointed out the special use conditions A pre - application consultation was held with the applicant for Case 04 - 5 on November 20 , 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 Page160 April 2 , 2007 – 6 00 pm Continued • 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 20 , 2007 , the Johnston County Planning Board held a public hearing regarding Special Use Permit Modification Case 04 - 5 and made the following recommendations Upon a motion by Mr Edwards , seconded by Mr Byrd , and carried by a unanimous vote of 8 - 0 the Planning Board , at its February 20 , 2007 meeting , voted to recommend approval of the modification request , Case 04 - 5 , 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 use will be to establish an EMS partnership The location is essential for future growth and scheduled opening of the Hwy 70 Bypass Staff This proposed EMS location will allow quicker response time and will help to promote the public heath , safety , and general welfare 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant For use requested , property is already zoned General Business Staff Proposed EMS use , or a public use facility is allowed in General Business Zoning District 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 Necessary for expanding EMS need Staff Quick and efficient EMS service is a public need This location will provide a temporary fix to the EMS need in the area , while they continue to search for a permanent location to serve the Cleveland 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 ; and Applicant Applicant will abide by current specifications as outlined the current Special Use Permit , and any other requirements set by the County Staff Current site and future development does and will continue to abide by all conditions and requirements of the boards and county departments Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning staff 2 Operating hours 24 hours a day , 7 seven days a week for a gas station convenience store 3 Freestanding Signage As allowed under Article IX in the Johnston County Land Development Code , as it pertains to General Business Zoning Districts ; No additional signage 4 Buffering Class B which requires three large trees , three small trees and twelve shrubs for every 100 linear feet along both road front property lines and Class B which requires three large trees , four small trees and twelve shrubs for every 100 linear feet along interior lot lines 5 All new buildings must comply with rules enforced by the following departments and or agencies NC Department of Transportation , Johnston County Building Inspections , Johnston County Public Utilities and Johnston County Environmental Health 6 Proposed access to NC 42 be moved as far east of the intersection as possible and be approved by DOT 7 All EMS employees must park off - site , and only one vehicle may be parked and kept on property for EMS ; must designate parking spot as EMS only 8 Will be entering and exiting using 42 , to avoid gas station pedestrian traffic 9 One year temporary permit must renew with board or find new location within one year of recording Special Use Permit Note Modifications and additions from original special use permit are noted in bold Mr Gray noted the Planning Board recommended a temporary one year approval of the special use modification request for Case 04 - 5 In response to a question from Commissioner DeVan Barbour , the applicant , Mr Stefen Fehr , said that one year would not be sufficient County Manager Rick Hester explained that Special Use Condition # 9 allows the Applicant to apply for renewal of the special use permit after one year There being no further comments , the Chairman closed the Special Use Hearing for Case 04 - 5 Page161 April 2 , 2007 – 6 00 pm Continued Decision on Special Use Case 04 - 5 Case 04 - 5 Application to modify a Special Use Permit for the convenience store to include EMS usage of vacant space above the existing car wash located at the southeast corner of the intersection of NC Highway 42 and Cornwallis Road SR 1525 Tax ID 05F02020 Owner Wil - Dor , Inc Applicant Stefan Fehr for Clayton Area Rescue Inc Based on the following findings of fact and special conditions , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit to Owner Wil - Dor , Inc and Applicant Stefan Fehr for Clayton Area Rescue Inc to modify a special use permit for the convenience store located at the southeast corner of the intersection of NC Highway 42 and Cornwallis Road SR 1525 to include EMS usage of vacant space above the existing car wash Commissioner W Ray Woodall 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 use will be to establish an EMS partnership The location is essential for future growth and scheduled opening of the Hwy 70 Bypass This proposed EMS location will allow quicker response time and will help to promote the public heath , safety , and general welfare 2 That the use or 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 ; For use requested , property is already zoned General Business Proposed EMS use , or a public use facility is allowed in General Business Zoning District 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 ; Necessary for expanding EMS need Quick and efficient EMS service is a public need This location will provide a temporary fix to the EMS need in the area , while they continue to search for a permanent location to serve the Cleveland 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 ; and Applicant will abide by current specifications as outlined the current Special Use Permit , and any other requirements set by the County Current site and future development does and will continue to abide by all conditions and requirements of the boards and county departments Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning staff 2 Operating hours 24 hours a day , 7 seven days a week for a gas station convenience store 3 Freestanding Signage As allowed under Article IX in the Johnston County Land Development Code , as it pertains to General Business Zoning Districts ; No additional signage 4 Buffering Class B which requires three large trees , three small trees and twelve shrubs for every 100 linear feet along both road front property lines and Class B which requires three large trees , four small trees and twelve shrubs for every 100 linear feet along interior lot lines 5 All new buildings must comply with rules enforced by the following departments and or agencies NC Department of Transportation , Johnston County Building Inspections , Johnston County Public Utilities and Johnston County Environmental Health 6 Proposed access to NC 42 be moved as far east of the intersection as possible and be approved by DOT 7 All EMS employees must park off - site , and only one vehicle may be parked and kept on property for EMS ; must designate parking spot as EMS only 8 Will be entering and exiting using 42 , to avoid gas station pedestrian traffic 9 One year temporary permit must renew with board or find new location within one year of recording Special Use Permit 3 Public Hearing Town of Benson Request to Extend ETJ In The Smithfield Herald – Friday , March 23 , 2007 and Tuesday , March 27 , 2007 Chairman Pope opened the public hearing , and stated the purpose of the hearing is to give the Town of Benson an opportunity to present a request to extend their ETJ and receive citizen input on the matter Page162 April 2 , 2007 – 6 00 pm Continued Jeremy Smith , Planning Zoning Administrator for the Town of Benson , presented to the Board a request to extend its ETJ to two miles He referenced a map of the proposed extension submitted in the Commissioners ’ agenda packets , and provided the following justification for the request Criteria 1 - The area is within the statutory framework for granting ETJ Justification – All Johnston County municipalities have special legislation allowing the County to approve request for ETJ expansions up to two miles The included map shows the area being considered to be within that criteria The Town is also exploring annexation of several parcels in its current northern ETJ , therefore making a majority of the proposed ETJ expansion area well within the two mile requirement Criteria 2 - The Town has demonstrated a commitment to sound planning Justification – The Town of Benson has an adopted Land Use Plan , a professional staff , and a planning board made up of professionals in the Town of Benson’s city limits and current ETJ The Planning Board and Board of Commissioners hold routine public hearings to allow for interaction with the public in regards to the growth of the town 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 – The Town of Benson seeks to encourage development in its ETJ by working with new developments and developers on expanding municipal services such as water and sewer In many areas of the requested expansion area public water is already available and the Town is currently planning for sewer expansion in its existing northern ETJ after new annexations are made Police and Fire protection are and will be adequate for future growth in the proposed expansion area Criteria 4 – The area has a logical , social , or geographic connection with the municipality Justification – North Carolina Highways 50 and 242 , and Interstate I - 40 are three major thoroughfares that pass through the proposed expansion area and are current primary modes of traffic in the existing town limits and ETJ Several creeks and drainage ways directly tie in with existing ETJ with the proposed expansion The proposed area is also within the Benson postal district and township Mr Smith made a final note saying that the proposed area is not near any other Johnston County or Harnett County municipalities , therefore any impact on municipalities close to the Town of Benson would be minimal to none He thanked the Board of Commissioners for considering the Town’s request for ETJ expansion 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 4 Public Hearing Town of Pine Level Request to Extend ETJ In The Smithfield Herald – Friday , March 23 , 2007 and Tuesday , March 27 , 2007 In response to a request from the Town of Pine Level , it was the consensus of the Board to reschedule the public hearing until the May 7 , 2007 6 00 pm meeting 5 Public Hearing County Code of Ordinances – Section 14 - 632 c Officers In The Smithfield Herald – Friday , March 23 , 2007 and Tuesday , March 27 , 2007 Chairman Pope opened the public hearing , and stated the purpose of the hearing is to consider public comment on the possible amendment to the County Code of Ordinances – Section 14 - 632 c Officers The proposed amendment would address term limitations of Planning Board officers Interim Planning and Zoning Director Berry Gray explained that the current Section 14 - 632 c limits the terms of the Chairman and Vice Chairman to two terms The proposed amendment would address the term limitations to allow the current officers to continue to serve There being no further comments , the Chairman closed the public hearing Commissioner Allen L Mims , Jr moved the Board adopt the following amendment to the County Code of Ordinances – Section 14 - 632 c Officers Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote PagePage pageNumber5163 April 2 , 2007 – 6 00 pm Continued Section 14 - 632 c Officers The planning board shall elect one member to serve as chairman and preside over its meetings , and shall create and fill such offices and committees as it may deem necessary The term of the chairman and other offices shall be one year , with eligibility for reelection to a second term to serve consecutive terms 6 Call for Public Hearing Political Sign Amendment Interim Planning and Zoning Director Berry Gray noted that during the last election season , there was concern with the 30 day limit for political advertising with signs Therefore , staff has determined that extending the time frame to 60 days may be appropriate The Johnston County Planning Board has recommended approval of this adjustment Therefore , staff requests that the Board of County Commissioners call for a public hearing for their May meeting Commissioner Tony Braswell moved the Board schedule a public hearing for the May 7 , 2007 6 00 pm meeting to consider an amendment to the Johnston County Code of Ordinances Section 14 - 504 – Signs exempt from permit requirements Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote 7 Call for Public Hearing Endorsement of Western Johnston County Comprehensive Transportation Plan Interim Planning and Zoning Director Berry Gray noted that the Capital Area Metropolitan Planning Organization CAMPO is in the process of completing the Western Johnston County Comprehensive Transportation Plan CAMPO is asking the County to endorse the recommendations before finalizing the plan The Johnston County Planning Board reviewed the recommendations at their February meeting and recommended that the Commissioners endorse the plan Therefore , staff is requesting that the Commissioners call for a public hearing to consider the plan Commissioner Tony Braswell moved the Board schedule a public hearing for the May 7 , 2007 6 00 pm meeting to consider the Western Johnston County Comprehensive Transportation Plan as drafted by CAMPO Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote 8 Manager Reports and Comments A Call for Public Hearing – Town of Selma - Request to Extend ETJ At the request of County Manager Rick Hester , it was the consensus of the Board to schedule a public hearing for the May 7 , 2007 6 00 pm meeting to hear a request from the Town of Selma to extend their ETJ , and receive citizen input on the matter B Appointments to Local Emergency Planning Committee County Manager Rick Hester informed the Board that currently the County has 28 positions on the Local Emergency Planning Committee Superfund Amendments and Reauthorization Act of 1986 allows an unspecified number of members to serve on the committee Therefore , if the Commissioners choose to add an additional citizen position to the committee , they could appoint both Mark Knox and William C Raynor to the citizen positions Commissioner W Ray Woodall moved the Board add an additional citizen position to the Local Emergency Planning Committee , make the following appointments , and grant waivers of the length of service policy , if needed Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote Local Emergency Planning Committee SARA – Appointed Mark Knox Citizens , Candice Warwick Local Government , and Donna Whitman Red Cross , and reappointed William Gerald Fowler Transportation - Railroad , Jeff Parrish Private Sector - Talecris , William C Raynor Citizens , and Kim Robertson Emergency Management for two year terms to expire March 31 , 2009 Mr Parrish received a waiver of the length of service policy PagePage pageNumber6164 April 2 , 2007 – 6 00 pm Continued C Thanks to Interim Planning Director County Manager Rick Hester thanked Interim Planning and Zoning Director Berry Gray for the great job he is doing serving as interim planning director 9 Board Reports and Comments A Request Staff Look at Sign Ordinance Commissioner DeVan Barbour requested planning staff look at the sign ordinance requiring signage on buildings not to exceed 100 square feet Interim Planning and Zoning Director Berry Gray agreed to revisit the entire sign ordinance , and present the Planning Board with proposed amendments B Update on Clerk to the Board Position Chairman Cookie Pope updated the Board on the search for a new Clerk to the Board She stated that once the list of applicants is narrowed down , a committee will be selected to perform the interviews There being no further business , Commissioner Allen L Mims , Jr moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The meeting adjourned at 6 49 pm ____________________________ Cookie Pope , Chairman __________________________________ Deva C Holt , Deputy Clerk to the BoardPage