October 2, 2006 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 664 Meeting of the Johnston County Board of Commissioners October 2 , 2006 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , October 2 , 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 Amy Devereaux , 512 Contessa Court , Clayton , was in attendance at the meeting to collect the remaining books , “ Plan B 20 - Rescuing a Planet Under Stress and a Civilization in Trouble ” , on loan to the Commissioners She also addressed the Board concerning the proposed Land Use Policy Guide , and recommended that they support the proposal 2 Johnston County Airport Authority - Request to Sell Property On behalf of the Johnston County Airport Authority , Airport Director Ray Blackmon requested the Commissioners approve the sales of the following properties The Airport Authority has agreed upon the sales , however , approval by the Commissioners is required before finalization Lot # 12 - 5419 acres at 31,500 per acre 170,699 Buyer - Larry Gates Lots # 2 , 9 , 10 , and 11 - 18216 acres at 24,704 per acre 450,000 Buyer - Steve Yauch In response to a question from Commissioner Allen L Mims , Jr , Mr Blackmon stated , if approved , this action would complete the sale of available properties in the Aviation Industrial Park Commissioner W Ray Woodall moved the Board approve the sale of Lot # 12 to Larry Gates , and the sale of Lots # 2 , 9 , 10 , and 11 to Steve Yauch in the Aviation Industrial Park Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote 3 Endorsement of Land Use Policy Guide th Berry Gray , Interim Planning and Zoning Director , reiterated his comments from the September 5 Board meeting He stated that staff has been working closely with the Louis Berger Group for the past two years on the Policy Guide Mr Gray noted the Policy Guide is solely meant to recommend potential land development policies , and offer suggestions and guidance based on current land use policies that relate to infrastructure , land use , transportation , and aesthetics community character Mr Gray reviewed the following recommendations , and emphasized the Policy Guide will not force immediate ordinance changes or requirements Final Recommendations of Policy Guide • Propose requiring amenities - in - lieu • Propose requiring an earthen berm or wall to buffer reverse frontage lots from roads • Propose requiring stub - outs for all major and minor subdivisions • Propose requiring stricter guidelines for auto - salvage related special uses • Propose more stringent language to prohibit incompatible uses , or expand design manual to mitigate the effects of incompatible land uses • Consider requiring developments to reserve right - of - ways for roads , greenways , parks , schools , etc Additional Recommendations include • Develop comprehensive land use plan • Develop street connectivity plans • Consider buffering and visual acoustic screening • Incorporate school facility planning with land use planning • Establish impact fees and other funding remedies for schools Page665 October 2 , 2006 - 6 00 pm Continued • Focus development in towns and nodes • Develop open space recreation plan In response to a question from Commissioner Allen L Mims , Jr regarding how staff anticipated using the Policy Guide , Mr Gray stated that based on the Policy Guide , staff will present proposed ordinance amendments for review by the Planning Board and Commissioners Commissioner Mims expressed support for the Policy Guide , and commented the implementation of particular aspects will improve the quality of life for Johnston County’s citizens Specifically , he noted reverse frontage lots within subdivisions are becoming increasingly common He urged staff to look into an ordinance amendment that would require an earthen berm or wall to buffer reverse frontage lots from roads Commissioner Jeffrey P Carver reiterated earlier comments made by Planning Board Chairman Jim Jenkins regarding the suggested stub - out requirement Commissioner Carver agreed with Mr Jenkins that stub - outs are not applicable to all developments In response to a question from Commissioner DeVan Barbour regarding the private off - site septic system requirement , Mr Gray noted the suggested 100 ft buffer of perennial streams is already a requirement for environmentally sensitive areas Commissioner W Ray Woodall pointed out the Policy Guide referenced road paving He expressed opposition to the County becoming involved in road paving projects Amy Devereaux , 512 Contessa Court , Clayton , citizen in attendance at the meeting , expressed support for the Policy Guide Planning Board Member Brad Schulz encouraged the Commissioners to adopt the Policy Guide He noted , in his opinion , this will be a starting point to work toward a comprehensive land use plan Vote Commissioner Allen L Mims , Jr moved the Board accept the Land Use Policy Guide prepared by consultant Louis Berger Group , and charged the Planning Board and staff to look at the guide in detail , and bring back suggested items as proposed ordinance amendments for the Commissioners ’ review Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote 4 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – September 22 , 26 , 2006 Certified letters were mailed to adjoining property owners on September 21 , 2006 , and notices posted at the locations on July 3 , 2006 for Case 06 - 21 and August 1 , 2006 for Case 06 - 22 The Chairman opened the Rezoning Hearing for Case 06 - 21 Case 06 - 21 Petition to rezone 1485 acres of a 741 acre tract from Agricultural - Residential District AR to General Business Special Use District GB - SUD located on Slate Top Road SR 1559 , which is approximately ½ of a mile southwest of its intersection with Barber Mill Road SR 1555 in Clayton Township Tax ID 05G04032M Applicant John Feagans Owners Mary M Callier Chairman Cookie Pope abstained from any discussion on Case 06 - 21 Berry Gray , Interim Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone 1485 acres of a 741 acre tract from Agricultural - Residential District AR to General Business Special Use District GB - SUD located on Slate Top Road SR 1559 , which is approximately ½ of a mile southwest of its intersection with Barber Mill Road SR 1555 in the Clayton Township The surrounding zoning is predominantly Agricultural - Residential Applicant John Feagans appeared before the Board , and requested approval of the rezoning and accompanying special use permit He stated , if approved , the property will be used for his landscaping business and include an office and storage for the operation In response to a question from Commissioner Allen L Mims , Jr , Mr Feagans responded there will not be any walk - in traffic The workers will leave their vehicles at the site in the morning , and return around 5 00Page666 October 2 , 2006 - 6 00 pm Continued pm Mr Feagan noted that he currently has three irrigation crews , and anticipated five to six cars parked at the site on a daily basis th Commissioner Tony Braswell pointed out that a nearby property owner spoke at the September 5 meeting , and questioned whether the requested use of the property would affect the value of his property The th Board tabled Case 06 - 21 at the September 5 meeting because the Applicant was not present Mr Feagans stated he hopes the requested use will enhance the look of the property , and improve tax values Mr Gray noted the Planning Board recommended approval of the rezoning request for Case 06 - 21 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 06 - 21 Decision on Rezoning Case 06 - 21 Case 06 - 21 Petition to rezone 1485 acres of a 741 acre tract from Agricultural - Residential District AR to General Business Special Use District GB - SUD located on Slate Top Road SR 1559 , which is approximately ½ of a mile southwest of its intersection with Barber Mill Road SR 1555 in Clayton Township Tax ID 05G04032M Applicant John Feagans Owners Mary M Callier Commissioner W Ray Woodall moved the Board approve rezoning case 06 - 21 , to rezone 1485 acres of a 741 acre tract from Agricultural - Residential District AR to General Business Special Use District GB - SUD located on Slate Top Road SR 1559 , which is approximately ½ of a mile southwest of its intersection with Barber Mill Road SR 1555 in the Clayton Township Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 06 - 21 Case 06 - 21 Application for a contractor’s office to encompass storage and operation of a landscaping and irrigation business Applicant John Feagans Owners Mary M Callier Those wishing to speak on Special Use Case 06 - 21 were sworn in by the Clerk to the Board Interim Planning and Zoning Director Berry Gray introduced the special use case , and stated the request is to allow for a contractor’s office to encompass storage and operation of a landscaping and irrigation business He introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 06 - 21 on June 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 July 18 , 2006 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 06 - 21 and made the following recommendations Upon a motion by Mr Moore , seconded by Mr DeLaine , and carried by a vote of 6 - 0 , with Mr Schulz abstaining , the Planning Board voted to recommend approval of the Special Use Permit request , Case 06 - 21 , 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 ;Page667 October 2 , 2006 - 6 00 pm Continued Applicant Commercial development of the area will be operated so as to maintain the public health safety by designing area to conform with all state federal regulations and will contribute to the general welfare by providing areas for useful businesses to operate , contributing to the economic development of the area and providing additional revenue to the county Staff This will have a relatively low level impact on the roads and neighborhood , very comparable to an existing residence since no retail sales or walk - in traffic will take place on site 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 Commercial development will provide businesses so as to increase revenues for the county in an effort to balance the amount of residential and nonresidential development Staff The applicant’s relocating is to better serve Johnston County clientele and staff believes the landscaping contractor’s office fits in well with the intent of General Business zoning district by , “ providing for the development of commercial and service areas that serve the daily convenience and personal service needs of the immediate area , and countywide or regional commercial and service needs ” 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 Commercial buildings will be designed to be visually appealing as well as structurally sound and will be located and designed to enhance the contiguous property by preserving the character of the area ad the adjacent residential property and by publicly necessary for additional tax revenue for the area and will boost the economy Staff The proposed development and landscaping requirements will not be detrimental to the area and may enhance nearby property values 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 Commercial development conforms with general plans of physical development by developing property to be desirable places to do business and also desirable places to live and the goal would be to protect the property value and a the same time enhance the tax base for the county Staff The proposed development of the site appears to comply with all policies and ordinance standards 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 3 large trees , 3 small trees , and 12 shrubs per 100 linear feet along all rezoning lines 4 Must obtain a commercial driveway permit from NCDOT 5 No walk - in traffic or retail sales will be allowed on site 6 No hazardous materials will be stored on site 7 Hours of operation Monday thru Saturday 6 am - 6 pm 8 Signage shall comply with the Sign Code In response to a question from Commissioner Allen L Mims , Jr , Applicant John Feagans stated that he plans to mainly store shrubs at the site , and might store less than a load of mulch to use for “ touch - ups ” on jobs Further , there will not be grinding machinery , or other loud equipment at the site In response to a question from Commissioner Wade M Stewart , Mr Feagans commented that he is satisfied with the proposed special use conditions Mr Gray noted the Planning Board recommended approval of the special use request for Case 06 - 21 There being no further comments , the Chairman closed the Special Use Hearing for Case 06 - 21 Decision on Special Use Case 06 - 21 Case 06 - 21 Application for a contractor’s office to encompass storage and operation of a landscaping and irrigation business Applicant John Feagans Owners Mary M Callier Based on the following findings of fact with special conditions attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Applicant John Feagans and Owner Mary M Callier to allow for a contractor’s office to encompass storage and operation of a landscaping and irrigation business on Slate Top Road SR 1559 , which is approximately ½ of a mile southwest of its intersection with Barber Mill Road SR 1555 in the Clayton Township Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote Finding of Facts for the Special Use PermitPagePage pageNumber5668 October 2 , 2006 - 6 00 pm Continued 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 Commercial development of the area will be operated so as to maintain the public health safety by designing area to conform with all state federal regulations and will contribute to the general welfare by providing areas for useful businesses to operate , contributing to the economic development of the area and providing additional revenue to the county Staff This will have a relatively low level impact on the roads and neighborhood , very comparable to an existing residence since no retail sales or walk - in traffic will take place on site 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 Commercial development will provide businesses so as to increase revenues for the county in an effort to balance the amount of residential and nonresidential development Staff The applicant’s relocating is to better serve Johnston County clientele and staff believes the landscaping contractor’s office fits in well with the intent of General Business zoning district by , “ providing for the development of commercial and service areas that serve the daily convenience and personal service needs of the immediate area , and countywide or regional commercial and service needs ” 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 Commercial buildings will be designed to be visually appealing as well as structurally sound and will be located and designed to enhance the contiguous property by preserving the character of the area ad the adjacent residential property and by publicly necessary for additional tax revenue for the area and will boost the economy Staff The proposed development and landscaping requirements will not be detrimental to the area and may enhance nearby property values 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 Commercial development conforms with general plans of physical development by developing property to be desirable places to do business and also desirable places to live and the goal would be to protect the property value and a the same time enhance the tax base for the county Staff The proposed development of the site appears to comply with all policies and ordinance standards 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 3 large trees , 3 small trees , and 12 shrubs per 100 linear feet along all rezoning lines 4 Must obtain a commercial driveway permit from NCDOT 5 No walk - in traffic or retail sales will be allowed on site 6 No hazardous materials will be stored on site 7 Hours of operation Monday thru Saturday 6 am - 6 pm 8 Signage shall comply with the Sign Code The Chairman reopened the Rezoning Hearing for Case 06 - 22 Case 06 - 22 Petition to rezone from Community Business CB to Agricultural - Residential District AR the 2145 , 406 , 79 , 22 , and 71 acre parcels located at the intersection of Buffalo Road SR 1003 and Archer Lodge Road SR 1702 in Wilders Township Tax ID’s 16J03012H , 16J03012K , 16J03012N , 16J03012M , 16J03012L Applicant ATB Archers Lodge Development , LLC Owners ATB Archers Lodge Development , LLC and Carolyn Jones Berry Gray , Interim Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone from Community Business CB to Agricultural - Residential District AR the 2145 , 406 , 79 , 22 , and 71 acre parcels located at the intersection of Buffalo Road SR 1003 and Archer Lodge Road SR 1702 in the Wilders Township Mr Gray stated that formerly a small store existed at the location , however , the store is no longer in operation and there is no commercial use of the property at this time In September 2006 , the Planning Board granted preliminary approval of Talmadge Farms Subdivision for the property with the condition the Commissioners approve the rezoning request He noted the absence of the applicant at the Commissioners meeting , although the applicant was present at the Planning Board meeting Following discussion , it was the consensus of the Board to vote on Case 06 - 22 since the request is for a down - zoning from Community Business to Agricultural - Residential PagePage pageNumber6669 October 2 , 2006 - 6 00 pm Continued Mr Gray noted the Planning Board recommended approval of the rezoning request for Case 06 - 22 There being no further comments , the Chairman closed the Rezoning Hearing for Case 06 - 22 Decision on Rezoning Case 06 - 22 Case 06 - 22 Petition to rezone from Community Business CB to Agricultural - Residential District AR the 2145 , 406 , 79 , 22 , and 71 acre parcels located at the intersection of Buffalo Road SR 1003 and Archer Lodge Road SR 1702 in Wilders Township Tax ID’s 16J03012H , 16J03012K , 16J03012N , 16J03012M , 16J03012L Applicant ATB Archers Lodge Development , LLC Owners ATB Archers Lodge Development , LLC and Carolyn Jones Commissioner Jeffrey P Carver moved the Board approve rezoning case 06 - 22 , from Community Business CB to Agricultural - Residential District AR the 2145 , 406 , 79 , 22 , and 71 acre parcels located at the intersection of Buffalo Road SR 1003 and Archer Lodge Road SR 1702 in the Wilders Township Commissioner Tony Braswell seconded the motion , which carried by unanimous vote 5 Manager Reports and Comments th A Quarterly Municipal Meeting Scheduled for October 12 County Manager Rick Hester reminded the Board of Quarterly Municipal meeting to be held Thursday , October 12 , 2006 at the County Agriculture Center 6 Board Reports and Comments No report or comments There being no further business , Commissioner W Ray Woodall moved the Board adjourn Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote ____________________________ Cookie Pope , Chairman ____________________________ April N Byrd , Clerk to the BoardPage