November 14, 2005 - 6:45 PM - County Board of Commissioners Meeting Minutes (Special)

10 331 Meeting of the Johnston County Board of Commissioners November 14 , 2005 Special Session The Johnston County Board of Commissioners met in special session Monday , November 14 , 2005 at 6 45 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 and Tony Braswell Absent DeVan Barbour Also Present Rick J Hester , County Manager , Deva C Holt , Deputy Clerk , and J Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted 1 Public Hearing – 6 45 pm Proposed Amendment to the County Code of Personnel Ordinance , Article VI , Section 5 – Retirement , and Possible Repeal of the County Personnel Ordinance Advertised November 4 , 8 , 2005 The Smithfield Herald The Chairman opened the public hearing and stated the purpose of the hearing is to consider a possible amendment to the Personnel Ordinance – Article VI , Section 5 – Retirement , and to consider the repeal of the Personnel Ordinance Commissioner Jeffrey P Carver moved the Board postpone the hearing until a later time Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote There being no further comments , the Chairman closed the public hearing , and announced that the hearing would be rescheduled at a later time 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 Board __________________________________ Deva C Holt , Deputy Clerk to the BoardPage332 November 14 , 2005 Continued November 14 , 2005 Regular Session The Johnston County Board of Commissioners met in regular session Monday , November 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 , Deva C Holt , Deputy Clerk , and J Mark Payne , County Attorney 1 Minutes Approved Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Jeffrey P Carver and carried by unanimous vote , the Board approved the minutes of the October 10 board meeting as presented 2 Public Comments A Citizen Complaint - Sewer Line Installation Along North Shiloh Road Chris Depretto , 2486 North Shiloh Road , Garner , stated sewer lines were recently installed along the road in front of his home He expressed concern that he was neither given notice the lines were being installed , nor the opportunity to tap onto the lines Further , Mr Depretto noted that his driveway was torn up , and not returned to its original condition County Manager Rick Hester stated that he would look into the matter , and report back to Mr Depretto On behalf of the Board , Chairman Pope apologized for any inconvenience Mr Depretto had encountered due to the sewer line installation B Johnston County Airport Authority – Request to Sale Property On behalf of the Johnston County Airport Authority , Airport Director Ray Blackmon , requested the Board approve the sale of lots # 4 , # 5 , # 6 , # 7 , and # 8 in the North Aviation Industrial Park to Steve Yauch , President of Carolina Electric Assemblers He noted that Mr Yauch made an offer of 400,315 for the st approximate 175 acres , which was agreed upon by the Airport Authority in special session on October 31 The sale requires approval by the Board of Commissioners before finalization Commissioner Wade M Stewart moved the Board approve the sale of lots # 4 , # 5 , # 6 , # 7 , and # 8 in the North Aviation Industrial Park to Steve Yauch , President of Carolina Electric Assemblers Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote 3 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – November 4 , 8 , 2005 Certified letters were mailed to adjoining property owners on November 3 , and notices posted at the locations on August 30 , 2005 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 At the request of the applicant , Commissioner Jeffrey P Carver moved the Board table Case 05 - 14 until rd the January 3 , 6 00 pm meeting Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote The Chairman opened the Rezoning Hearing for Case 05 - 27 Case 05 - 27 Petition to rezone a 1666 acre parcel of land located off of Uzzle Industrial Drive in Wilson’s Mills Township , from Industrial 1 I1 to Industrial 2 – Special Use District I2 - SUD Tax ID 17J07005S Owner Thomas Henry Ertel Applicant ST Wooten Corporation Page333 November 14 , 2005 Continued Steven Finn , Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone a 1666 acre parcel of land located off of Uzzle Industrial Drive , in the Wilson’s Mills Township , from Industrial 1 I1 to Industrial 2 – Special Use District I2 - SUD There being no further comments , the Chairman closed the Rezoning Hearing for Case 05 - 27 Decision on Rezoning Case 05 - 27 Case 05 - 27 Petition to rezone a 1666 acre parcel of land located off of Uzzle Industrial Drive in Wilson’s Mills Township , from Industrial 1 I1 to Industrial 2 – Special Use District I2 - SUD Tax ID 17J07005S Owner Thomas Henry Ertel Applicant ST Wooten Corporation Commissioner Allen L Mims , Jr moved the Board approve rezoning case 05 - 27 , a 1666 acre parcel of land located off of Uzzle Industrial Drive in Wilson’s Mills Township , from Industrial 1 I1 to Industrial 2 – Special Use District I2 - SUD Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 05 - 27 Case 05 - 27 Application to allow for the construction and operation of a hot mix asphalt plant Owner Thomas Henry Ertel Applicant S T Wooten Corporation Those wishing to speak on Special Use Case 05 - 27 were sworn in by the Deputy Clerk to the Board Planning and Zoning Director , Steven Finn , introduced the special use case , and stated the request is to allow for the construction and operation of a hot mix asphalt plant He introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 27 on August 10 , 2005 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 September 20 , 2005 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 05 - 27 and made the following recommendations Upon a motion by Mr Moore , seconded by Mr Edwards , and carried by a unanimous vote of 8 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request 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 ; 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 County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 That the use as proposed will provide a valuable use for the community Special Use Conditions 1 Submission of a detailed site plan for review and approval by the Planning & Zoning Department Page334 November 14 , 2005 Continued 2 Buffer Class C buffer 3 large trees , 6 small trees , and 16 shrubs every 100 linear feet along the south & east property lines or existing vegetation must remain Class B buffer 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet along the north property line 3 Hours of Operation Monday – Saturday , 6 00 am – 7 00 pm 4 Any proposed buildings must meet NC Commercial Building Codes Commissioners Wade M Stewart , DeVan Barbour , and Jeffrey P Carver asked questions related to the length of time the asphalt business would remain in operation Richard Vick , Vice - President of ST Wooten Company , stated with temperature restrictions on hauling asphalt , their current location on Highway 70 in Princeton was too far to serve the Clayton bypass project He stated the company would like to maintain the zoning and associated special use permit for future projects in the area Mr Finn noted the Planning Board recommended approval of the special use permit for Special Use Case 05 - 27 There being no further comments , the Chairman closed the Special Use Hearing for Case 05 - 27 Decision on Special Use Case 05 - 27 Case 05 - 27 Application to allow for the construction and operation of a hot mix asphalt plant Owner Thomas Henry Ertel Applicant S T Wooten Corporation 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 Owner Thomas Henry Ertel and Applicant ST Wooten Corporation to allow for the construction and operation of a hot mix asphalt plant Commissioner Wade M Stewart 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 ; 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 County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 That the use as proposed will provide a valuable use for the community Special Use Conditions 1 Submission of a detailed site plan for review and approval by the Planning & Zoning Department 2 Buffer Class C buffer 3 large trees , 6 small trees , and 16 shrubs every 100 linear feet along the south & east property lines or existing vegetation must remain Class B buffer 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet along the north property line 3 Hours of Operation Monday – Saturday , 6 00 am – 7 00 pm 4 Any proposed buildings must meet NC Commercial Building Codes 4 Call for Public Hearing – Proposed Amendment to Land Development Code , Sec 14 - 225 - Flag Lots Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Tony Braswell and carried by unanimous vote , the Board scheduled a public hearing for the December 12 , 2005 meeting to hear public comment on a proposed amendment to the Land Development Code , Sec 14 - 225 - Flag Lots 5 Call for Public Hearing – Proposed Amendment Land Development Code , Sec 14 - 75 b 10 & c 1 - Telephone Utilities Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Tony Braswell and carried by unanimous vote , the Board scheduled a public hearing for the December 12 , 2005 meeting to hear public comment on a proposed amendment to the Land Development Code , Sec 14 - 75 b 10 and c 1 related to telephone utilities PagePage pageNumber5335 November 14 , 2005 Continued 6 Manager Reports and Comments A Call for Public Hearing – Proposed Amendment to the County Landfill Facility Plan At the request of County Manager Rick Hester , Commissioner DeVan Barbour moved the Board rd schedule a public hearing for January 3 at 1 15 pm to allow public comment on a proposed amendment to the County Landfill Facility Plan Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote B Voluntary Water Conservation Notice County Manager Rick Hester informed the Board that he will issue a county - wide voluntary water th conservation notice on November 15 7 Board Reports and Comments A Town of Princeton Water Issues Commissioner Tony Braswell informed the Board that he , along with Commissioners DeVan Barbour and Allen Mims , recently met with the Princeton mayor and town council to discuss water issues related to the town Further , Commissioner Braswell moved the Board discuss the matter at their December meeting Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote B Mining Operation on Devil’s Racetrack Road Commissioner Wade M Stewart expressed concern that the mining operation located on Devil’s Racetrack Road , Four Oaks , is not compliant with the conditions of the special use permit approved by the Board He stated that he , along with the County Manager , will look into the matter 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 , Chairman ____________________________ April N Byrd , Clerk to the Board __________________________________ Deva C Holt , Deputy Clerk to the BoardPage