January 3, 2006 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 393 Meeting of the Johnston County Board of Commissioners January 3 , 2006 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , January 3 , 2006 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 No one spoke at this time 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – December 23 , 27 , 2005 Certified letters were mailed to adjoining property owners on December 22 , 2005 , and notices posted at the locations on October 23 , 2005 The Chairman opened the Rezoning Hearing for Case 05 - 14 Case 05 - 14 Petition to rezone 491 acres of a 23566 acre parcel of land located near the intersection of Lake Wendell Road SR 1716 and Wendell Road SR 1701 in Wilders Township , from Agricultural - Residential AR to Industrial 1 – Special Use District I1 - SUD Tax ID 16K02040L Owner Applicant William Odell Edwards Steven Finn , Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone 491 acres of a 23566 acre parcel of land located near the intersection of Lake Wendell Road and Wendell Road , in the Wilders Township , from Agricultural - Residential AR to Industrial 1 – Special Use District I1 - SUD The predominant zoning in the area is Agricultural - Residential Brent Wood , Attorney representing the Owner Applicant William Odell Edwards , asked the Board to consider Mr Edwards ’ request to postpone the hearing ; letter requesting the Board postpone the hearing was submitted via fax to County Manager Rick Hester on January 3 , 2006 Mr Wood stated the Johnston County Board of Education has expressed an interest in the northeastern portion of the parcel owned by Mr Edwards , which is adjacent to the subject request Commissioner Jeffrey P Carver noted that , at the request of the Applicant , the Board first tabled Case 05 - 14 in October At the November meeting , the Board tabled the case a second time , and it was specifically stated that the case would be heard at the January 3 , 2006 meeting He pointed out that several surrounding property owners had been present in October and November , and were present again at the meeting tonight Commissioner Allen L Mims , Jr asked how many in attendance were present for Case 05 - 14 Approximately 20 people raised their hands On behalf of the Board , Commissioner Carver requested Mr Wood proceed with his presentation for Case 05 - 14 Mr Wood stated that the Owner Applicant William Odell Edwards is requesting the Board rezone the subject property to Industrial 1 – Special Use District , and approve an accompanying special use permit to allow for the construction and operation of a trucking depot , truck parking , and repair He noted the Board denied a similar request by the Applicant in July 2004 , however , changes have been made to the request since that time Mr Wood presented a map of the area that highlighted the property owned by the Applicant , and pointed out the request is for 491 acres , the southwestern portion , of a 23566 acre parcel He stated the original request in 2004 was for an “ L ” shape portion of the property , and would have been accessible by both Lake Wendell Road , and Wendell Road The new request is for a much smaller tract , and would only be accessible by Lake Wendell Road Two parcels directly joining the subject property are zoned Industrial 1 – Special Use District Mr Wood pointed out that the two tracts already zoned Industrial 1 – Special Use District are much larger , approximately 11 acres total , than the subject property One of the existing Industrial 1 – Special Use District properties is an active trucking site , similar to the present request He presented photos of the existing Industrial 1 – Special Use District properties Further , Mr Wood stated , if the Board approved the rezoningPage394 January 3 , 2006 - 6 00 pm Continued application , the Applicant requested adding the following condition to the special use permit “ All heavy trucks using the depot would be required to turn right on Lake Wendell Road ” Carolyn Young , 1920 Lake Wendell Rd , Wendell , informed the Board that she was present at the October and November Board meetings as well She expressed concern that the subject request would negatively impact the community , and have an environmental impact on Lake Wendell Ms Young pointed out the existing Industrial 1 – Special Use District sites have changed uses numerous times over the past several years , and questioned whether the subject request would be allowed to do the same In regards to Mr Edwards ’ request to add an additional condition to the special use permit , Ms Young stated if the Board allowed this condition , the trucks would be traveling by the proposed school site Mr Finn noted the Planning Board recommended denial of the rezoning request for Case 05 - 14 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 05 - 14 Decision on Rezoning Case 05 - 14 Case 05 - 14 Petition to rezone 491 acres of a 23566 acre parcel of land located near the intersection of Lake Wendell Road SR 1716 and Wendell Road SR 1701 in Wilders Township , from Agricultural - Residential AR to Industrial 1 – Special Use District I1 - SUD Tax ID 16K02040L Owner Applicant William Odell Edwards Commissioner Jeffrey P Carver stated , in his opinion , the only changes made to the request since July 2004 were the following 1 the request is for a smaller tract , and would only be accessible by Lake Wendell Road , and 2 the Applicant has requested adding a condition to the special use permit , which limits all heavy trucks using the depot to turn right on Lake Wendell Road He stressed the purpose of a special use district in a residential neighborhood is to provide a service that the area needs , and , in his opinion , the Applicant’s request does not meet this criteria Commissioner Carver moved the Board deny the rezoning request for Case 05 - 14 Commissioner Allen L Mims , Jr noted the fact that two Industrial 1 – Special Use District properties already exist in the area does not justify approving the additional Industrial 1 rezoning application Commissioner Mims seconded Commissioner Carver’s motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 05 - 32 Case 05 - 32 Petition to rezone approximately 491 acres located at 13983 NC 96 North in Wilders Township from Agricultural - Residential AR to Agricultural - Residential Special Use District AR - SUD Tax ID 11L02019M Owners Applicants Dawn Griffin Privette and Bobby Lee Privette Steven Finn , Planning and Zoning Director , identified the property on the GIS map , and stated this is a request to rezone 491 acres located at 13983 NC 96 North , in the Wilders Township from Agricultural - Residential AR to Agricultural - Residential Special Use District AR - SUD The predominant zoning in the area is Agricultural - Residential Mr Finn noted there is an existing valid special use permit for a comparable use located three parcels to the north of the subject property Owners Applicants Bobby and Dawn Privette , 13983 NC Hwy 96 , Zebulon , requested the Board rezone the subject property to Agricultural - Residential Special Use District to allow for the operation of an outdoor facility for weddings and an indoor facility for receptions He described that their wish is to provide this as a memorial to their daughter who was killed in a military training exercise Mr Privette pointed out the subject property and adjacent properties on the GIS map He stated the similar special use application near his property was approved , however , it was his understanding that no events have ever taken place at the site The Privettes have lived at the location approximately 14 - 15 years Ms Privette outlined the following conditions that she and her husband would request be added to the special use permit , given the Board approves the rezoning portion of the request • Issue a temporary special use permit , with the condition that staff will review the property within two years , and consider renewal of the permit at that time • Time - frame for the special use permit begins when the first wedding is recorded • Weddings will only take place from April to October , with a maximum of eight weddings during the first year , and a maximum of ten weddings during the second year Page395 January 3 , 2006 - 6 00 pm Continued • Applicant would place signs along the road stating “ Wedding in Progress – Please Slow Down ” In response to questions from Commissioner Cookie Pope and Commissioner Wade M Stewart , Ms Privette responded that there is ample parking available ; guests would park diagonally on each side of the horse - shoe drive Mr Privette stated the events would include a rehearsal on the evenings prior to the weddings County Attorney Mark Payne noted that in the past the Board had approved rezoning special use permit requests with similar specific conditions Commissioner Wade M Stewart sympathized with the Privettes for the loss of their daughter He asked how the neighbors felt about their request John Dudley , 13945 NC Hwy 96 , Zebulon , informed the Board that he has lived directly south of the subject property since 1992 In his opinion , the Privettes have a good idea , however , the location is not suitable for the following reasons • Currently , a quiet , residential neighborhood ; no practical way to limit the noise During the October 2005 event , music could be heard inside the Dudley’s home • Homes located very close to each other • Time of the year when weddings would be held , April to October , is when neighbors would like to be outside as well • Potential that large parties and gatherings would negatively affect surrounding property values • Traffic concerns including a blind spot from both directions , and insufficient parking space • Inadequate need for this particular special use ; similar operation nearby • If approved , would require surrounding property owners to construct structures to block noise In response to a question from Commissioner Jeffrey P Carver , Mr Finn stated the house on the subject property is approximately 630 ft from the Dudley’s residence Linda Franke , 13950 NC 96 North , Zebulon , and Bertie Corbett , 14030 NC Hwy 96 , Zebulon , further expressed Mr Dudley’s concerns regarding noise and traffic Mr Finn noted that the Planning Board recommended denial of the rezoning request for Case 05 - 32 based on the lack of a majority vote There being no further comments , the Chairman closed the Rezoning Hearing for Case 05 - 32 Decision on Rezoning Case 05 - 32 Case 05 - 32 Petition to rezone approximately 491 acres located at 13983 NC 96 North in Wilders Township from Agricultural - Residential AR to Agricultural - Residential Special Use District AR - SUD Tax ID 11L02019M Owners Applicants Dawn Griffin Privette and Bobby Lee Privette Commissioner Jeffrey P Carver stated , in his opinion , the Privettes have a good idea , however , the subject property is not the ideal location He pointed out a similar special use is approximately 600 yards from the Privettes ’ property Commissioner Tony Braswell agreed with Commissioner Carver , and moved the Board deny rezoning case 05 - 32 , approximately 491 acres located at 13983 NC 96 North in Wilders Township from Agricultural - Residential AR to Agricultural - Residential Special Use District AR - SUD Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote 3 Manager Reports and Comments A Letter to Governor Easley Requesting a Delay In Implementation of Senate Bill 223 , Public Confidence in Elections County Manager Rick Hester informed the Board that staff had drafted a letter to Governor Easley and Johnston County’s representatives requesting a delay in implementation of Senate Bill 223 , Public Confidence in Elections After review , the Board requested staff send the letter as presented to the Governor and Johnston County’s House and Senate representatives Page396 January 3 , 2006 - 6 00 pm Continued 4 Board Reports and Comments A Resolution To Approve the Area 2 C & D Landfill Unit and Amended Johnston County Landfill Facility Plan Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner DeVan Barbour and carried by unanimous vote , the Board adopted the following resolution approving the Area 2 C & D Landfill Unit and Amended Johnston County Landfill Facility Plan , as discussed at a public hearing held on January 3 , 2006 at 1 15 pm RESOLUTION TO APPROVE THE AREA 2 C & D LANDFILL UNIT AND AMENDED JOHNSTON COUNTY LANDFILL FACILITY PLAN BE IT RESOLVED that the Board of County Commissioners of Johnston County hereby grants approval for the issuance of a landfill permit by the Division of Waste Management for the Area 2 construction and demolition debris C & D landfill unit including an amended facility plan for the entire landfill facility in compliance with North Carolina Solid Waste Management Rules T15A NCAC 13B 1618 c 5 A The proposed Area 2 landfill unit consists of up to approximately 158 acres of waste footprint located within the previously approved landfill facility boundary approximate 500 acre tract owned by the County as shown on Drawing S2 of Permit Drawings dated October 2005 see attached The Board of County Commissioners hereby approves the following items related to the proposed landfill unit and amended landfill facility plan 1 Service Area The landfill serves the State of North Carolina 2 Disposal Rates The landfill facility will accept waste at the following maximum rates tons day is based on 312 operating days per year 2006 - 2015 350,000 tons year 1,122 tons day 2016 - 2025 401,000 tons year 1,285 tons day 2026 - 2035 452,000 tons year 1,449 tons day 2036 - 2045 505,000 tons year 1,619 tons day 2046 - 2055 568,000 tons year 1,821 tons day Of the rates shown , a maximum of 156,000 tons year 500 tons day will be from outside the County 3 Landfill Volumes The landfill facility will provide the following gross volumes volume of waste plus periodic and final cover soil consistent with the contours shown on the Drawing S3 of the Permit Drawings dated October 2005 see attached Landfill Units Total Waste Footprint Gross Volume Lined MSW Phases 4A and 5 - 10 1547 AC 18,367,420 CY C & D Areas 1 and 2 320 AC 1,489,824 CY 4 Landfill Service Life Depending upon the actual disposal rates , the landfill is projected to have an approximate service life of between 29 and 46 years MSW units and between 12 to 14 years C & D units PagePage pageNumber5397 January 3 , 2006 - 6 00 pm Continued B Possible Dates for Board Retreat th The Board discussed possible dates for a board retreat , and agreed to set a final date at the February 6 Board meeting C Board and Committee Appointments for 2006 Chairman Cookie Pope announced the following board and committee appointments for 2006 Chairman Cookie Pope - Community College Board of Trustees Public School Related Issues Vice - Chairman Wade M Stewart - Social Services Board Emergency Services Advisory Committee Johnston County Nursing Home Domiciliary Home Advisory Board Local Emergency Planning Committee Commissioner Allen L Mims , Jr - Planning Board Research Training Zone Board Library Board Commissioner W Ray Woodall - Hospital Board of Trustees Public Health Board Commissioner Jeffrey P Carver - Council on Aging JCATS Tobacco Farm Life Museum Triangle J COG Commissioner DeVan Barbour – Mental Health Board REAP Heritage Commission Juvenile Justice Crime Prevention Council Commissioner Tony Braswell - Firemen’s Association Transportation Committees RPO & CAMPO There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote ____________________________ Cookie Pope , Chairman ____________________________ April N Byrd , Clerk to the BoardPage