February 14, 2005 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 53 Meeting of the Johnston County Board of Commissioners February 14 , 2005 The Johnston County Board of Commissioners met in regular session Monday , February 14 , 2005 at 7 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 , Joyce H Ennis , Clerk to the Board , J Mark Payne , County Attorney , and April N Byrd , Assistant to the Clerk The Chairman called the meeting to order and the following business was transacted 1 Public Comments - No one spoke at this time 2 Public Hearings - Rezoning Cases and Special Use Permit Requests Advertised - In the Smithfield Herald - January 28 , February 4 , 2005 Certified letters were mailed to adjoining property owners on Thursday , February 3 , 2005 and notices posted at the locations on February 1 , 2005 The Chairman opened the Public Hearing for rezoning cases Case 04 - 40 Chairman Cookie Pope stated that at the applicant’s request Case 04 - 40 will continue to be tabled Case 04 - 44 Petition to rezone less than 5 acres on Little Creek Church Road SR 1563 in Clayton Township from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD Tax ID 05H04042C Owner Frances W Wood Petitioner Carolina Telephone and Telegraph c o Sprint Planning Director Steven Finn identified the property on the GIS map and noted this request is to rezone less than 5 acres on Little Creek Church Road in Clayton Township from Agricultural - Residential AR to Agricultural - Residential - Special Use District He noted the predominate zoning in the area is Agricultural - Residential with subdivisions to the south of the requested rezoning Shawn Tweed , Sprint representative , referenced the material in the Board packet , and offered to answer any questions Mr Finn stated the Planning Board recommended approval There being no further comments , the Chairman closed the Rezoning Hearing for Case 04 - 44 Decision on Rezoning Case 04 - 44 Case 04 - 44 Petition to rezone less than 5 acres on Little Creek Church Road SR 1563 in Clayton Township from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD Tax ID 05H04042C Owner Frances W Wood Petitioner Carolina Telephone and Telegraph c o Sprint Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Wade M Stewart , and carried by unanimous vote , the Board approved the rezoning for case 04 - 44 of less than 5 acres on Little Creek Church Road from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD for owner , Frances W Wood The Chairman opened the Special Use Public Hearing for Case 04 - 44 Case 04 - 44 Special Use Permit Application to allow for the construction and operation of a telephone switching station Owner Frances W Wood Applicant Carolina Telephone and Telegraph c o Sprint Those wishing to speak on special use case 04 - 44 were sworn in by the Clerk to the Board Page54 February 14 , 2005 Continued Planning Director Steven Finn stated this is a companion special use request to allow for the construction and operation of a telephone switching station He entered the following summary of evidence into the record Dear Mr Chairman , A pre - application consultation was held with the applicant for Case 04 - 44 on November 19 , 2004 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Department 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 Boards 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 • Applicants 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 hearing were advertised in accordance with the requirements of the North Carolina General Statutes On December 21 , 2004 the Johnston County Planning Board held a public hearing regarding the Special Use Permit for Case 04 - 44 and made the following recommendations The Planning Board recommended approval with a vote of 8 - 0 for the Special Use Permit Application approval to allow for the construction and operation of a telephone switching station The Planning Board recommended the following Finding of Facts and Special Conditions 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 ; 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 ; 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 ; 4 That the use or development conforms with general plans for the physical development of the Countys Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 That the use as proposed is vital continued quality service for the community Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Staff 2 Adequate signage as to identify the owner of the utilities on site with emergency contact information 3 Installation of a Class B buffer along all zoning lot lines 3 large trees , 4 small trees , 12 shrubs per 100 linear feet 4 Proper security of the facility as to protect the general welfare and safety of the public In response to a question from Commissioner Allen L Mims , Jr about setback requirements , Mr Finn stated this issue was discussed and resolved at the Planning Board meeting , and Sprint Representative Shawn Tweed agreed to the Findings of Fact and Special Conditions for the special use permit There being no further comments , the Chairman closed the Special Use Hearing for Case 04 - 44 Decision on Special Use Case 04 - 44 Case 04 - 44 Application to allow for the construction and operation of telephone switching station Owner Frances W Wood Applicant Carolina Telephone and Telegraph c o Sprint Motion Based on the following findings of fact and attached conditions , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to allow for the construction and operation of a telephone switching station on Little Creek Church Road for owner , Frances W Wood and petitioner , Carolina Telephone and Telegraph c o Sprint Commissioner Allen L Mims , Jr 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 ;Page55 February 14 , 2005 Continued 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 ; 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 ; 4 That the use or development conforms with general plans for the physical development of the Countys Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 That the use as proposed is vital continued quality service for the community Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Staff 2 Adequate signage as to identify the owner of the utilities on site with emergency contact information 3 Installation of a Class B buffer along all zoning lot lines 3 large trees , 4 small trees , 12 shrubs per 100 linear feet 4 Proper security of the facility as to protect the general welfare and safety of the public 3 Board Reports and Comments A Department of Social Services - Reclassification of Positions Earl Marett , DSS Director , reviewed with the Board statistics about the increasing workload in his agency , especially for income maintenance caseworkers IMC , and reiterated his request to have seven IMC and one social worker position reclassified from temporary to permanent Following discussion about the issues surrounding temporary personnel , Commissioner Wade M Stewart moved the Board reclassify seven income maintenance caseworker positions and one social worker position for DSS from from temporary to permanent Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote B Appointment to the Economic Development Advisory Commission Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board appointed Jody McLeod to the Economic Development Commission for a two year term to expire January 2007 C Update of Negotiations on ESA Requirements for Clayton Bypass County Manager Rick Hester updated the Board on negotiations with NC DOT and US Fish and Wildlife concerning the restrictions within the County’s Environmentally Sensitive Area where the new Clayton Bypass will be built After discussion , Chairman Pope asked Chandra Coats , Environmental Protection Administrator for the County , to provide the Board with a chart showing the differences the new requirements would make on development in the area The Board also asked the County Attorney to look at the ordinances to see what amendments , if any , would need to be made to implement the new requirements Board members agreed to revisit the topic at their March 7 , 2005 meeting 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 ___________________________________ Cookie Pope , Chairman ____________________________ Joyce H Ennis , Clerk to the Board ______________________________ April N Byrd , Assistant to the ClerkPage