April 11, 2005 - 6:00 PM - County Board of Commissioners Meeting Minutes (Special)

10 99 Meeting of the Johnston County Board of Commissioners April 11 , 2005 Special Session The Johnston County Board of Commissioners met in special joint session Monday , April 11 , 2005 , at 6 00 pm with the Johnston County Planning Board in the Emergency Operations Center , Law Enforcement Center , Johnston County Courthouse , Smithfield , North Carolina The following members were present Present Board of Commissioners Cookie Pope , Chairman , Wade M Stewart , Vice Chairman , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour and Tony Braswell Planning Board James H Jenkins , Jr , Chairman , JL Skip Browder , Allan C DeLaine , William Odell Edwards , James Gathers , Jr , Bradley N Schulz and Gayle Underhill Absent None Also Present Rick J Hester , County Manager , April N Byrd , Clerk to the Board , J Mark Payne , County Attorney , Deva C Holt , Deputy Clerk , Steven Finn , Planning Director , Eddy Davis , Planning and Zoning Manager , Berry Gray , Planner and Heather Gerrell , Planning Technician The Chairman called the meeting to order and the following business was transacted 1 Growth Management & Land Use Planning - Subdivisions as Special Use Presentation Members of the Planning Staff provided a presentation on the proposed “ Subdivisions as Special Use ” process Eddy Davis , Planning and Zoning Manager , Berry Gray , Planner and Heather Gerrell , Planning Technician demonstrated the roles of a Board member , a Planning Staff member and a developer during the process Staff , and Planning Director Steven Finn , pointed out several distinctions of the process , which included the following • Special use hearings are quasi - judicial hearings , requiring the Clerk to the Board to administer an oath at the beginning of each special use hearing to anyone who wishes to speak at the hearing The oath states that each person swears or affirms that the testimony given during the hearing is the truth • All discussion and material given during the special use hearing is sworn testimony • During the special use hearing , staff would be required to introduce a summary of evidence into the record that includes findings of fact and special conditions • The special use process could be used as a negotiation tool for open space , school needs , etc Commissioner Allen L Mims , Jr noted the importance of working with Public Utilities to ensure that service would be available to the proposed subdivisions Planning Board Chairman Jim Jenkins stressed a similar need to work with the Board of Education to gain insight on school capacity and future school sites Planning Board Member Brad Schulz added it would also be important to include DOT in the discussions Mr Finn stated that staff would serve as facilitators in the process , and a pre - application meeting with the Applicant would identify all the items the County is looking for prior to the special use hearing County Attorney Mark Payne noted the ways the process could be carried out 1 Planning Board serves as a quasi - judicial board , and hears the subdivision as special use cases , 2 Planning Board hears the cases , and forwards recommendations to the Commissioners that serves as the quasi - judicial board , 3 Subdivisions as special use cases come straight to the Board of Commissioners for review He recommended that in the case of appeal , if the Planning Board serves as the quasi - judicial board , the appeal could go before the Commissioners or the Board of Adjustment If the Board of Commissioners serves as the quasi - judicial board , the appeal would go to court Mr Payne stressed the need for a set of guidelines to use in the special use permit process , and emphasized the importance of showing specific reasoning for decisions made and inclusion of the summary of evidence into the record Following discussion , both Boards agreed that the concept of Subdivisions as Special Use would require a review of the current land use ordinances , and possibly revisions , before the proposed process could be implemented The Boards agreed to continue to study the matter , and discuss again at a later time There being no further business , Commissioner W Ray Woodall moved the Board adjourn Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote _________________________________ Cookie Pope , ChairmanPage100 Meeting of the Johnston County Board of Commissioners ____________________________ April N Byrd , Clerk to the BoardPage