October 13, 2003 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 476 Meeting of the Johnston County Board of Commissioners October 13 , 2003 The Johnston County Board of Commissioners met in regular session Monday , October 13 , 2003 , at 7 00 pm in the Commissioners ’ Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present James H Langdon , Jr , Chairman , Cookie Pope , Vice Chairman , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , Jeffrey P Carver and W Ray Woodall Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board and J Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted Public Comments 1 Property Tax Concern Ms Mildred Stowe , 41 Godwin Lane , Selma , explained to the Board that she has struggled for 52 years to keep her home and the extra lot and rental property across the road She noted that because she has the additional lot she is unable to get medicaid and therefore has to pay for her medicine Now with the increased property tax , she fears she will not be able to buy her medicine Following discussion , the Board invited Ms Stowe to meet with the County Manager and other staff to see if any help is available 2 Public Hearings - Rezoning Cases and Special Use Permit Requests Advertised - In the Smithfield Herald - September 26 , October 3 , 2003 Certified letters were mailed to adjoining property owners on October 2 , 2003 and notices posted at the locations on October 1 , 2003 The Chairman opened the rezoning public hearing and invited anyone who wished to comment on the first case to be heard , Case 03 - 26 Case 03 - 26 Petition to rezone approximately one acre located on Old Beulah Road SR 1934 in O’Neals Township from Agricultural Residential to General Business - Special Use District GB - SUD , Tax ID 11O04199B Petitioners Owners Donald R and Ella M Johnson Planning Director , Steven Finn , pointed out the property on the GIS map and noted it is located near Creech Church Road The surrounding zoning is Agricultural Residential In response to questions from Board members , Mr Finn explained there is only one structure on the property , an empty house that the applicant is proposing to renovate and turn into a garage Teresa Young , 114 Old Grapevine Road , Kenly , stated her home is approximately 400 to 500 from this property She stated that given Mr Johnson’s history of running a business , she would be concerned that this would end up being a junk yard She stated that even though the house appears to be abandoned , there is a man living in the house at this time She voiced concern about the environmental problems that a business would cause , and the loss of value to her property In response to a question from Commissioner Allen L Mims , Jr , Mr Finn stated the applicant was notified in writing and by phone of the time and place for this meeting He noted the Planning Board recommended denial of the rezoning The Chairman recessed the Rezoning Public Hearing for Case 03 - 26 Decision on Rezoning Case 03 - 26 Case 03 - 26 Petition to rezone approximately one acre located on Old Beulah Road SR 1934 in O’Neals Township from Agricultural Residential to General Business - Special Use District GB - SUD , Tax ID 11O04199B Petitioners Owners Donald R And Ella M Johnson Page477 October 13 , 2003 Continued Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board denied the rezoning of case 03 - 26 of approximately one acre located on Old Beulah Road SR 1934 in Oneals Township from Agricultural Residential to General Business - Special Use District for owners , Donald and Ella Johnson Case 03 - 36 WITHDRAWN The Chairman announced that Case 03 - 36 , a petition to rezone approximately one acre located on Old Beulah Road SR 1934 in O’Neals Township from Agricultural Residential AR to General Business GB for petitioner , Lonnie L Sawyer and owners , James and Ida Sawyer , had been withdrawn at the request of Allen Tew , attorney representing the applicant The Chairman re - opened the Rezoning Public Hearing for Case 03 - 37 Case 03 - 37 Petition to rezone approximately two acres located on Firetower Road SR 2305 in Selma Township from Agricultural Residential to Community Business - Special Use District CB - SUD Tax ID 12M12046E Petitioners Owners Ernest L And Brenda T Peedin Mr Finn indicated the property on the GIS map and noted is it located near Hwy 70 in a rural area very close to both the Selma and Pine Level extraterritorial jurisdiction boundaries Attorneys Gordon Woodruff and Vann Sauls represented the petitioners owners , Lee and Brenda Peedin Mr Woodruff stated his clients wish to put a steel building on the property to be used as a community building and auction house The Peedin’s plan to lease the building to Greg Braswell , owner and operator of G & L Auction , currently operating in downtown Pine Level Property owner , Ernest Lee Peedin , 75 Janie Road , Selma , stated the property has been in his family for at least six generations Only one of his children plans to live on the property , so he and his wife have been looking for a way to generate some future retirement income from the remainder of the property and still maintain ownership of the land Since the auction business is part - time , he proposed the building also be available for community functions , such as parties , showers , family reunions , etc He stated he plans a Kirby Building that will fit in with the community , and would agree to whatever the Board feels is necessary concerning landscaping and or buffer In response to a comment from Commissioner Allen L Mims , Jr , Mr Peedin explained the land is low and would not perk for a residence ; however , it will perk enough for commercial use The Environmental Health Department has done an assessment and have agreed that with some work , including fill dirt being brought in for a drain field and a low pressure pumping system , the property would support two 2 1000 gallon septic tanks He noted there is a strong possibility that access to public sewer might be available from the Town of Pine Level Greg Braswell , owner and operator of G & L Auction , stated he has only one auction a week , which is usually over by 10 00 pm He noted he has operated in the Town of Pine Level for seven years and had no problems Depending on the time of the year , approximately 50 to 75 people attend an auction , and they come and go throughout the evening The function is held inside the building , so there would be no noise to disturb the neighbors Only concession food is sold , such as candy , hot dogs and popcorn Jennifer Price , 1540 Firetower Road , Selma , stated she lives across from the property and fully supports the rezoning Sherill Thompson , 2693 Stevens Chapel Road , Smithfield , Mr Peedin’s brother - in - law , stated he owns the adjoining property He supported the rezoning and noted that Mr Peedin’s plans are encouraging to him He had his land checked a few years ago and was told it would not perk This gives him some hope that he can do something with his land in the future Attorney Woodruff handed out a packet to each of the Board members with letters of support for the rezoning Charles E Taylor , 1445 Firetower Road , Selma , opposed the rezoning He stated he lives on the north side of the property and has a tremendous problem with flooding He recently had to replace his HVAC unit due to water backing up to his house Mocassin Creek Canal was dug about 30 years ago to provide drainage , however his is the last property and the accumulated drainage backs up in his yard and around his house He noted he has talked with State officials about enlarging the tile that begins at his property line and runs under Firetower Road ,Page478 October 13 , 2003 Continued however , the State does not see the necessity as long as the water does not back up on the road He stated he has spent more than 10,000 in repairs , replacements and efforts to prevent the flooding Concerning the use of the building for community functions , Mr Taylor stated , in his opinion , this is not needed as there are at least three such facilities within a short radius He stated he has no problem with Mr Peedin , however , he feels the use of this property as proposed would adversely affect his property , and would also create issues of excess traffic and noise in the neighborhood Commissioner Cookie Pope asked if having the tile enlarged would make a big difference Mr Taylor replied that it would Ms Pope agreed to check on this and see if something can be done Linda C Crocker , 1421 Firetower Road , Selma , stated she lives two houses from the property and is also worried about drainage , however , her major concern is the noise and traffic that she believes will be generated by the auction Shirley Sellers , 217 Crocker Street , Pine Level , stated she is a relative and owns nearby property She voiced concern that rezoning this property to commercial will hurt any future residential sales in the community Les Thornton , 2840 Woodside Drive , Clayton , stated he attends the auction every Friday night and supports the rezoning He noted there should be no problem with noise , and Mr Braswell runs a clean place Mr Finn stated the Planning Board recommended denial In response to a discussion about how this area is shown on the new flood maps , Mr Peedin displayed some hand - drawn maps that indicated the direction of drainage in the area He pointed out his property drains in two directions , toward Janie Road and in the opposite direction toward the Sellers and Taylor properties He stated there is a ditch behind his lot near the Pine South property , and he offered to put in another ditch at or near where his property joins the Seller’s land There being no further comments , the Chairman recessed the Rezoning Public Hearing for Case 03 - 37 Decision on Rezoning Case 03 - 37 Case 03 - 37 Petition to rezone approximately two acres located on Firetower Road SR 2305 in Selma Township from Agricultural Residential to Community Business - Special Use District CB - SUD Tax ID 12M12046E Petitioners Owners Ernest L And Brenda T Peedin Based upon a motion by Commissioner Thomas M Moore , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved the rezoning of case 03 - 37 of approximately two acres located on Firetower Road in Selma Township from Agricultural Residential to Community Business - Special Use District for owners , Ernest L and Brenda T Peedin The Chairman opened the Special Use Permit Hearing for Case 03 - 37 Case 03 - 37 Special Use Permit Application to allow for the construction and operation of an auction house community building on approximately two acres located on Firetower Road SR 2305 in Selma Township Applicants Owners Ernest L and Brenda T Peedin Those wishing to speak on special use permit case 03 - 37 were sworn in by the Clerk to the Board Mr Finn entered the following summary of evidence on case 03 - 37 into the record A pre - application consultation was held with the applicant for Case 03 - 37 on July 22 , 2003 At that time , the applicant was informed of the following 1 If approved , applicant must provide to the Planning Office a Site Plan for their review and approval 2 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 3 Applicant will be notified in writing of the Board’s decision Page479 October 13 , 2003 Continued 4 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 5 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 6 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 7 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 August 19 , 2003 , the Johnston County Planning Board held a public hearing regarding rezoning and special use Case 03 - 37 and made the following recommendations The Planning Board recommended denial with a vote of 4 - 3 for the rezoning to allow for the operation of an auction community building Mr Peedin asked that his previous comments be considered as a part of the record of this hearing also In response to a question from Commissioner Thomas M Moore , he stated he would have no problem sharing a copy of his lease agreement with Mr Braswell and the Planning staff , with the dollar amounts blacked out He noted the lease will state that use or display of alcohol outside the building would be a violation Commissioner Allen L Mims , Jr suggested Mr Peedin and his brother - in - law might want to investigate the possibility of connecting to public sewer instead of spending the money to put in the septic field Mr Peedin agreed and noted he has talked with the Environmental Health Department about the possibility of a temporary arrangement until that could be worked out In response to a question about possibly having a brick or split rock facade on the front of the building , Mr Peedin stated that is something he might consider in the future ; however , it would not be economically feasible at this time He stated he does not plan to pave his parking area but will leave it as gravel , which will allow at least some absorption of water Mr Braswell stated he does not believe that anyone will have a problem with noise from his business He stated it would be kept clean and well controlled In response to a question from Commissioner Cookie Pope concerning the hours of operation , he noted the auction should be over no later than 11 00 pm , and approximately 90 of the items are carried out the same evening Occasionally a person might come on Saturday morning to pick up something purchased the night before He noted it would be difficult to say about the hours for other community functions that might be held at the building Mr Finn offered some conditions the Board might wish to place on the special use Specifically he recommended the Board address the facility hours of operation and the level of noise Attorney Mark Payne suggested the Board might want to address the matter of alcohol usage and stipulate that if Mr Braswell plans to sell concessions , he be required to get a permit from Environmental Health There being no further comments , the Chairman recessed the Special Use Permit Hearing for Case 03 - 37 Decision on Special Use Permit Application for Case 03 - 37 Case 03 - 37 Special Use Permit Application to allow for the construction and operation of an auction house community building on approximately two acres located on Firetower Road SR 2305 in Selma Township Applicants Owners Ernest L and Brenda T Peedin Based upon the following findings of fact and with special conditions attached , Commissioner Thomas M Moore moved the Board authorize the Planning Department to issue a special use permit to applicants Ernest L and Brenda T Peedin to allow for the construction and operation of an auction house community building on approximately two acres located on Firetower Road SR 2305 in Selma Township Commissioner W Ray Woodall seconded the motion which carried by unanimous vote Findings of Fact 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 ;PagePage pageNumber5480 October 13 , 2003 Continued 2 That the use of 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 will provide a community center to the surrounding area Special Conditions 1 Submission of a detailed site plan to be reviewed and approved by staff 2 Auction to operate no later than 11 30 pm The Chairman re - opened the Rezoning Public Hearing for Case 03 - 38 Case 03 - 38 Petition to rezone 188 acres located on Reedy Creek Road SR 1332 in Elevation Township from General Business GB to Agricultural Residential AR Tax ID 07O07004T Owner Petitioner Bruce W Thompson Mr Finn pointed out the property on the GIS map and noted it is located near King Mill Road and the surrounding zoning is Agricultural Residential He noted this property was rezoned to general business by a previous owner ; however , it was never used for a business Mr Thompson now wishes to have it reverted back to the original AR designation The Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing for Case 03 - 38 Decision on Rezoning Case 03 - 38 Case 03 - 38 Petition to rezone 188 acres located on Reedy Creek Road SR 1332 in Elevation Township from General Business GB to Agricultural Residential AR Tax ID 07O7004T Owner Petitioner Bruce W Thompson Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved the rezoning of case 03 - 38 of 188 acres on Reedy Creek Road SR 1332 in Elevation Township from General Business GB to Agricultural Residential AR for owner , Bruce W Thompson The Chairman re - opened the Rezoning Public Hearing for Case 03 - 39 Case 03 - 39 Petition to rezone 266 acres located on Ruffin Road SR 2359 in Boon Hill Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 04Q05014 Petitioner Robert E Young Owners Leo P Barber , Inez B Young , Betty L Outlaw , William J Barber and Eleanor B Medlin Mr Finn indicated the property on the GIS map and noted it is located near the Wayne County line The surrounding zoning is Agricultural Residential Petitioner Robert Young , 152 Megans Way , Swansboro , stated he is a retired Air Force Fighter Pilot who currently flies for a commercial airline He wants to buy the 71 acre family farm for a retirement home and build a private landing strip on the property He is asking to rezone only the acreage necessary for the grass landing strip and the hangar to house the airplane In response to a comment from Commissioner Thomas M Moore , Mr Young stated that no other pilots would be using the strip Mr Finn stated the Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing for Case 03 - 39PagePage pageNumber6481 October 13 , 2003 Continued Decision on Rezoning Case 03 - 39 Case 03 - 39 Petition to rezone 266 acres located on Ruffin Road SR 2359 in Boon Hill Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 04Q05014 Petitioner Robert E Young Owners Leo P Barber , Inez B Young , Betty L Outlaw , William J Barber and Eleanor B Medlin Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved the rezoning of case 03 - 39 of 266 acres located on Ruffin Road SR 2359 in Boon Hill Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD for owners , Leo P Barber , Inez B Young , Betty L Outlaw , William J Barber and Eleanor B Medlin and petitioner , Robert E Young The Chairman re - opened the Special Use Permit Hearing for Case 03 - 39 Case 03 - 39 Special Use Permit Application to allow for the construction and operation of a personal landing strip on approximately 266 acres on Ruffin Road SR 2359 in Boon Hill Township Applicant Robert E Young Owners Leon P Barber , Inez B Young , Betty L Outlaw , William J Barber , and Eleanor B Medlin Those wishing to speak on special use permit case 03 - 39 were sworn in by the Clerk to the Board Mr Finn entered the following summary of evidence on case 03 - 39 into the record A pre - application consultation was held with the applicant for Case 03 - 39 on July 21 , 2003 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 August 19 , 2003 , the Johnston County Planning Board held a public hearing regarding rezoning and special use Case 03 - 39 and made the following recommendations The Planning Board recommended approval with a vote of 7 - 0 for the Special Use Permit allow for construction and operation of a personal landing strip Finding of Facts 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 of 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 will not invade , remove , or inhibit the neighboring property rights Special Conditions 1 No more than two single engine airplanes to be used , landed , parked at any given time for use on this landing strip 2 No landing or taking off before dawn and after sunset There being no further comments , the Chairman recessed the Special Use Permit Hearing for Case 03 - 39PagePage pageNumber7482 October 13 , 2003 Continued Decision on Special Use Permit Application for Case 03 - 39 Case 03 - 39 Special Use Permit Application to allow for the construction and operation of a personal landing strip on approximately 266 acres on Ruffin Road SR 2359 in Boon Hill Township Applicant Robert E Young Owners Leon P Barber , Inez B Young , Betty L Outlaw , William J Barber , and Eleanor B Medlin Based on the following findings of fact and with special conditions attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to applicant Robert E Young to allow for the construction and operation of a personal landing strip on approximately 266 acres on Ruffin Road SR 2359 in Boon Hill Township Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote Findings of Fact 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 of 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 will not invade , remove , or inhibit the neighboring property rights Special Conditions 1 No more than two single engine airplanes to be used , landed , parked at any given time for use on this landing strip 2 No landing or taking off before dawn and after sunset The Chairman re - opened the Rezoning Public Hearing for Case 03 - 40 Case 03 - 40 Petition to rezone approximately three acres located on Hickory Grove Church Road SR 1333 in Elevation Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 07G08007C Petitioner Timothy R Langdon Owner George R Langdon Mr Finn pointed out the property on the GIS map and noted the three acres are a part of a larger 55 acre tract located near King Mill and Lassiter Roads The surrounding zoning is Agricultural Residential Petitioner Tim Langdon and his wife , Renee , handed out a brochure with information about their Colonial - th style 18 - Century summer camp for kids called Camp Flintlock Campers spend their time at the camp living like people did in the days of George Washington with no electricity or modern conveniences They live in tents , make crafts , and learn about colonial life Property owner , George Langdon , voiced his support for the rezoning He stated his son started the camp because of his interest in the colonial period Water has been run to the camp , and much thought has been put into making it a very realistic site Commissioner Allen L Mims , Jr stated it is his understanding the campers do shoot guns and asked if there is a backstop or earthen berm Mr Langdon responded there is a backstop , but no berm The weapons they shoot do not go more than 100 to 200 yards Charles E Brewer , who owns the property to the south of the site , read a letter to the Board in which he voiced opposition to the location chosen for the camp He noted he is not opposed to Mr Langdon having a camp , but would like for it to be located on property owned by Mr Langdon across the road Mr Brewer stated he recently sold the small lot on King Mill Road and bought the adjacent land from his brother to build a new home The camp is located directly behind the site he had chosen for his new residence He voiced concern about the use of firearms , trespassing , noise and spreading fire since the campers use open fires for cooking and warmth , and stated , in his opinion , the value of his property will be diminished He noted the camp is not just a summer thing as stated , but is run year - round He suggested the camp itself is a good idea , but just not at this location PagePage pageNumber8483 October 13 , 2003 Continued Commissioner Jeffrey P Carver asked Mr Brewer if he experienced any problems when he lived on the land he recently sold Mr Brewer responded he lived by himself and was not there too often He knew there was some type of camp , but thought it was church affiliated Since that time , Mr Langdon has expanded the camp site and now it is centered approximately 50 from his property line He maintained that the Langdons own property across Hickory Grove Church Road with nothing around it If the camp was located on that side of the road , Mr Langdon would have plenty of room to grow Bill Brewer , 744 Lightwood Road , Clayton , who owns property across King Mill Road , stated he is not opposed to what Mr Langdon is doing ; however , he voiced concern that there are sometimes up to 50 campers at the site with no bathroom facilities , and questioned the sanitation issue He also stated , in his opinion , there should be a berm where the young people are shooting the muskets to prevent shots from going onto other people’s property He noted this is a commercial camp , and some permits are needed George Brewer , 405 King Arthur Trail , Garner , stated he too owns property nearby He voiced opposition to the camp being held at the proposed site Albert Brewer , Charles Brewer’s father , stated his land has been in the family for many years He and his son will put a 60 right of way to the proposed home site , which will open up the entire camp site Charles Brewer noted this is not what he wanted to do ; however , he feels a person should be able to do whatever he wants on his property , as long as it is done with proper permits He questioned the fact that the three acres are not definite , and suggested the way the rezoning is written , the 3 acres could be anywhere on the property Mr Langdon stated the campers do not shoot the guns in the area Mr Brewer was talking about The firing area is away from the Brewers property As for the location across the road , he noted that is a very secluded area with no thick shade trees , which are needed in the hot months Commissioner Thomas M Moore asked about the fact that there are no defined boundaries Mr Finn showed a sketch of the property that indicated approximately where the three acres would be located He noted a greater level of detail may be needed He noted the ordinance does not require boundary descriptions Commissioner Wade M Stewart stated he would like to see more details before deciding on this matter He suggested the Board table the decision at this time There being no further comments , the Chairman recessed the Rezoning Public Hearing for Case 03 - 40 Decision to Table Rezoning Case 03 - 40 Case 03 - 40 Petition to rezone approximately three acres located on Hickory Grove Church Road SR 1333 in Elevation Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 07G08007C Petitioner Timothy R Langdon Owner George R Langdon Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Thomas M Moore , and carried by unanimous vote , the Board tabled a decision on case 03 - 40 of approximately three acres located on Hickory Grove Church Road SR 1333 in Elevation Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD for owner , George R Langdon and petitioner , Timothy R Langdon The Chairman re - opened the Rezoning Public Hearing for Case 03 - 41 Case 03 - 41 Petition to rezone approximately 621 acres located on Davis Homestead Road SR 2137 in Micro Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 10O07014J Petitioners Owners Jose and Lilliana Torres Mr Finn indicated the property on the GIS map and noted it is located between Old Creech and Old Batten Roads near the Micro ETJ The surrounding zoning is Agricultural Residential Lilliana Torres , 108 Stone Ridge Drive , Smithfield , stated she and her husband purchased ten acres on which to have a home and build soccer fields for the Hispanic community She noted there are 14 organized teamsPagePage pageNumber9484 October 13 , 2003 Continued that would be using the two fields on weekends In response to comments from Commissioner Jeffrey P Carver , Ms Torres stated all the participants in the 14 team league are from Johnston County , and no fees will be charged Commissioner Wade M Stewart referenced this case and the previous Langdon property , and asked Mr Finn why the exact acreage and location is not shown when only a portion of a larger tract is being rezoned He noted without boundaries , there is no guarantee the acreage will remain at the same location Mr Finn explained that at this point in the rezoning procedure , the idea has been to give the general picture If the case is approved , a detailed site plan is required that would be recorded Commissioner Stewart asked Ms Torres if she understood when she purchased the property that it would have to be rezoned for the soccer fields Ms Torres stated she thought there was no problem as long as they did not charge the teams to use the fields Commissioner Stewart then asked Mr Finn if it would have to be rezoned if they simply built a field and allowed their friends to play there Mr Finn explained that when a property becomes a commercial facility with concessions , the Planning staff feels it requires rezoning Ms Torres was asked if the teams had approached the School Board about using school facilities Ms Torres explained the School Board does not allow a large number of organized teams to play on school fields Commissioner Thomas M Moore noted an inventory of the existing recreational facilities in the County is currently being done as a part of a study on recreational needs for the future He suggested the use of County property might be considered at some point to address these issues Peggy Hill , 4091 Old Beulah Road , Selma , stated the roads in the area can not support this type of traffic She noted she lives at the intersection of Old Beulah Road and Davis Homestead Road and has seen numerous traffic accidents She opposed the rezoning based on her concern for safety and traffic issues Joseph Rudolph Eason , 526 Glendale Road , Kenly , nearby property owner , noted he would have no problem with the Torres building a home there , but was opposed to the rezoning for soccer fields He stated , in his opinion , where there are soccer games , there will be drinking and fighting and a lot of trash left for the neighbors to deal with He noted he has left his farm to his grandson for him to have a place to build a home Stacey Kimmey , 1577 Davis Homestead Road , Selma , stated she purchased the adjacent land for her daughter who trains horses She noted there is a tremendous amount of noise and cheering that scares the horses , and she has seen a number of near accidents due to the increased traffic , especially at the driveway where it bottlenecks Even though she has not personally seen alcohol being used , she stated she has picked up beer bottles in and around her property after soccer games Phillip Rivera , president of the Soccer League that wishes to play on the fields , stated his teams can not afford to play on municipal fields , which charge by the hour He noted the league would be happy to keep the trash picked up around the fields In response to a question from Commissioner W Ray Woodall , Mr Rivera indicated he did not have the teams that were at one time playing on property on Little Divine Road Commissioner Allen L Mims , Jr asked what age groups would be involved Mr Rivera stated there are only men’s teams at present , but plans are to have teams for children and ladies Jim Bass , 1787 Old Batten Road , Selma , opposed the rezoning and voiced concerns about the noise , traffic and danger that exists when you have a large number of people congregating to play games He stressed there has been up to 200 persons involved in the games , and in his opinion , this will only get larger Shannon Wilkins , Old Batten Road , stated her entire family lives on the road , and she is concerned about the health of the children She noted she is unable to enjoy time outside her house with her children because of the noise from the soccer fields Freddy Gomez spoke in support of the rezoning He noted the Hispanics in the area work hard and many have become US citizens They are now trying to buy property and build a life for their children They want to play soccer , but are run off from many of the existing fields He stated if the lady can have a place for her horses , why can’t the Torres buy land on which to play soccer Page0485 October 13 , 2003 Continued Commissioner Wade M Stewart explained that everyone wants them to have a place to play soccer , however , the issue is location Mitchell Williams , 4505 Meadow Pine Drive , Knightdale , stated he is Jose Torres ’ boss and believes if everyone would sit down and talk , this could be worked out to everyone’s satisfaction He stressed that Jose and his wife are good people who go out of there way to help others Providing soccer fields for the Hispanic community has been a dream of theirs for the past two years , and they were unaware that they would need special permission for this He urged the Board to find a way to let them keep their fields Attorney Andy Gay , stated he is Mr Joseph Eason’s son - in - law He noted he has been involved with cases of this nature , and one of the problems that he has observed , is that the requested use sometimes changes once it is approved He cited a case where an approved gaming room later became a bar , and pointed out this request is for an outside sports complex that would need lights and security in the future and would definitely require regulations Vernon Cox , 1932 Old Batten Road , Selma , stated when the games first started , he thought is was a big family reunion Now he is concerned about the ongoing noise and the way it will affect the neighbors He noted most the people in the area work and want some quiet time when they are at home Ms Kimmey stated she wanted Mr & Mrs Torres to understand that she would like for them to have a place to play soccer ; however , this neighborhood is not an appropriate location She stated it is unfortunate that they were obviously misled when they purchased the property Chairman Langdon asked for a count of those in attendance who support or oppose the rezoning Thirty - eight persons stood in favor , eighteen stood in opposition Mr Finn stated the Planning Board recommended approval The Chairman then closed the Rezoning Public Hearing for Case 03 - 41 Decision on Rezoning Case 03 - 41 Case 03 - 41 Petition to rezone approximately 621 acres located on Davis Homestead Road SR 2137 in Micro Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 10O07014J Petitioners Owners Jose and Lilliana Torres Commissioner W Ray Woodall moved the Board deny the rezoning of case 03 - 41 of approximately 621 acres on Davis Homestead Road SR 2137 in Micro Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD for owners , Jose and Lilliana Torres Commissioner Thomas M Moore seconded the motion Discussion Commissioner Thomas M Moore noted he could not support the rezoning on this property , but noted there is a real need for this type of facility , and in his opinion , it needs to be addressed Commissioner Cookie Pope agreed Commissioner W Ray Woodall stated he agrees with the need for soccer fields , however this , in his opinion , is not the right place He suggested it was the Board’s responsibility to come up with alternative places for soccer fields and other recreation Commissioner Allen L Mims , Jr stated he would support the motion based on his belief that what the Torres are planning is a big time sports event that needs traffic control Commissioner Jeffrey P Carver agreed and noted traffic is a problem in many areas of the County due to the unprecedented growth County Manager , Rick Hester , stated he would be glad to discuss this matter with the Board of Education and see if something can be worked out for the Hispanic community to use school facilities Commissioner Wade M Stewart suggested that when the School Board buys a new school site , they need to purchase additional land which can be used for recreational facilities for the community Commissioner Moore agreed and noted the Board of Education has land that is not utilized at many of the new schools Vote The motion carried by unanimous vote Page1486 October 13 , 2003 Continued The Chairman re - opened the Special Use Permit Hearing for Case 614 Case 614 Special Use Permit Application to allow for a Planned Unit Development Mixed Use PDM for approximately 15163 acres located on Cleveland Road SR 1010 in Cleveland Township Tax ID 06D01003D , 06D01003C , 06D01003A , 06C01029E , 06H06003A , 06D01003 Applicant Teddy Hines , WACO Those wishing to speak on special use permit case 614 wore sworn in by the Clerk to the Board Commissioner Cookie Pope asked to abstain from this case Mr Finn indicated the property on the GIS map and noted the tracts are located on both sides of Cleveland Road The surrounding zoning is Agricultural Residential , Interstate Highway Overlay District and Planned Unit Development He entered into the record the following summary of evidence on case 614 and pointed out this request is for approval of the site plan for a portion of the overall development A pre - application consultation was held with the applicant for Case 614 on July 14 , 2003 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 prop erty was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On August 19 , 2003 , the Johnston C ounty Planning Board held a public hearing regarding rezoning and special use Case 614 and made the following recommendations The Planning Board recommended approval with a vote of 6 - 0 for the Special Use Permit Master Plans for a Planned Development Mix Use Finding of Facts 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 of 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 ; and 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 Special Conditions 1 All buffer and setback requirements must be met based on PUD requirements of Section 14 - 257 l ; and 2 All traffic improvements are addressed and approved by the NC Department of Transportation Commissioner Allen L Mims , Jr questioned how it could be a master plan if it is only for one phase , and suggested the Board needs the full picture of the entire development He pointed out new changes have been sent to this meeting , and unless the Board knows what is going to be done on the entire property , he personally would have a problem Mr Finn explained that due to the size of the development , according to the ordinance it can be done in phases of 100 acres or more Commissioner Jeffrey P Carver asked if the commercial properties all front SR 1010 , and wondered how many access roads would be entering the subdivision Mr Finn responded there is only one access on the plan Page2487 October 13 , 2003 Continued Attorney George Mast , representing the property owner , reviewed a proposal that was sent to Board members earlier in the day from applicant Teddy Hines in which Mr Hines agreed to put in a swimming pool and tennis courts with basketball capacity for this first phase of development , and agreed to dedicate 3224 acres of the Eagle Ridge Tract and 576 acres of the King Tract for riding or walking trails He noted a bond would be provided to insure the construction of these amenities In discussion about the number of housing units in the entire development , it was agreed the original plan was previously amended to include only 430 housetops The first phase would consist of 269 roof tops on approximately 110 acres Commissioner Wade M Stewart questioned how the dedicated land for riding and walking trails would be handled He noted , in his opinion , this is property the developer should be responsible for Commissioner Thomas M Moore suggested the land should be turned over to the developer or the homeowners , but not the County Ashley Turner , one of the developers , agreed He noted this is a huge project , and considering the changing economy , it would be impossible to plan the entire development at one time ; however , amenities , in his opinion , should be added as the development progresses He is currently planning to have houses ranging from 159,000 to 250,000 Commissioner Stewart stated the dedication of 38 acres is generous , and he would like to see a portion of this for a school site Robert Dupree , 13080 Cleveland Road , Clayton , who has a farm adjacent to this property , stated in his opinion , the area is nothing but a beaver dam swamp He noted he is pleased to hear that the homes will be nice , but still voiced concern for the traffic and safety issues , as well as the impact on existing residents when that many additional people move into the area The Chairman closed the Special Use Permit Hearing for Case 614 Decision on Special Use Permit Application for Case 614 Case 614 Special Use Permit Application to allow for a Planned Unit Development Mixed Use PDM for approximately 15163 acres located on Cleveland Road SR 1010 in Cleveland Township Tax ID 06D01003D , 06D01003C , 06D01003A , 06C01029E , 06H06003A , 06D01003 Applicant Teddy Hines , WACO Based on the following findings of fact and special conditions as recommended by the Planning Board along with additional conditions agreed upon at this meeting by the applicant , Commissioner W Ray Woodall moved the Board approve the first 110 acre phase located on the north side of SR 1010 of a special use permit to allow for a PDM on Cleveland Road SR 1010 in Cleveland Township for applicant Teddy Hines , WACO Commissioner Allen L Mims , Jr seconded the motion Discussion on Motion Board members discussed how the conditions should be worded to give assurance that there is no misunderstanding by anyone as to what and when amenities are expected The amount of the required bond was also discussed and it was agreed it should be in the amount of 135,000 , which is the estimated cost to install the pool and tennis courts Mr Turner asked what percentage of the lots would need to be built out before the pool and tennis courts have to be put in He noted everyone involved is interested in getting started and just need to know what is expected Commissioner Jeffrey P Carver stated , in his opinion , the pool needs to be in operation by Memorial Day , regardless of how many homes have been built Commissioner Thomas M Moore suggested the pool should be in by the time 50 homes are built Commissioner Wade M Stewart stated he would like to see provisions for a fire department and or EMS He noted this is a big development that will require these types of services Commissioner Allen L Mims , Jr agreed and stated he would like to see an ironclad site plan Page3488 October 13 , 2003 Continued Motion Amended Following further discussion , Commissioner Woodall amended his motion to include , in addition to the special conditions outlined above , the following conditions 1 that the dollar amount of the bond for the amenities be 135,000 , 2 that Staff will determine a time - frame for having the amenities completed , and 3 the County Attorney will review the bond Vote The amended motion carried by unanimous vote , based on the following findings of fact and with the following conditions attached Findings of Fact 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 of 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 ; and 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 Special Conditions 1 All buffer and setback requirements must be met based on PDM requirements of Section 14 - 257 1 2 All traffic improvements are addressed and approved by the NC Department of Transportation 3 Construction of a swimming pool and tennis courts with a basketball capacity on the tennis courts in accordance with the plans submitted for review at Board meeting 10 13 03 4 Bond in the amount of 135,000 to guarantee the construction of amenities in item # 3 5 County Planning Staff is to determine the time - frame for completion of these amenities 6 The County Attorney shall review the bond 3 Public Hearing - Amendment to County Code of Ordinances - Section 16 and 14 - 614 Advertised Smithfield Herald - September 30,2003 and October 3 , 2003 The Chairman opened the public hearing and invited anyone who wished to address the Board on the proposed amendments to the County Code of Ordinances to include recovery by the County of investigative costs associated with enforcement of ordinances Commissioner Wade M Stewart asked the County Attorney to explain the proposed amendments Attorney Mark Payne explained the purpose of the amendments is two - fold First , this would allow the Inspections Department to charge a fine for repeated violations during fire inspections , and second , this would provide at least some reimbursement to the County for the time and resources used in civil cases involving repeated violations Currently under State law , all civil penalties that are collected by the County go to the School Board These amendments would put into place a mechanism for getting some money back to the County when staff has incurred 500 or more in expense in a civil matter There being no further comments , the Chairman closed the public hearing Amendments to the County Code Approved Commissioner Thomas M Moore moved the Board approve the following amendments to the County Code of Ordinances Commissioner Allen L Mims , Jr , seconded the motion which carried by the following vote Ayes James H Langdon , Jr , Allen L Mims , Jr , Thomas M Moore and Jeffrey P Carver Nays Wade M Stewart , Cookie Pope and W Ray Woodall Sec 1 - 6 General penalty ; enforcement of ordinances ; continuing violations ; recovery of investigative costs Page4489 October 13 , 2003 Continued b Unless otherwise specifically provided , violation of any provision of the North Carolina Building Code pertaining to fire safety or fire prevention and subject to Johnston County jurisdiction shall subject the offender to a civil penalty of up to 250 ; except , that where the General Statutes of North Carolina provide specific remedies for violations of provisions of this Code adopted pursuant to such statutes , such remedies available to the county for enforcement of this Code shall be in addition to the remedies stated in this section No criminal penalties shall be applicable unless stated in this section as being applicable to specific chapters or provisions of this Code b © © d d e f In addition to any civil or criminal remedies set out in this section the County , in its sole discretion , may seek , as an alternative and or additional relief the recovery of its actual investigative cost where 1 the person responsible for the violation has received at least one notice of violation or citation prior to the enforcement action in which investigative cost are being sought ; 2 those administrative costs are determined to be greater than 500 ; In the event a violation of this code of ordinances is determined to exist by a court or competent jurisdiction , the person subject to the enforcement action taken by the county shall be liable for the county’s reasonable attorney’s fees in accordance with North Carolina law e g f h g I h j Sec 14 - 614 Penalties and remedies Penalties , remedies , and recovery of administration costs 3 In addition to any civil or criminal remedies set out in this section the County , in its sole discretion , may seek , as an alternative and or additional relief the recovery of its actual investigative cost where 1 the person responsible for the violation has received at least one notice of violation or citation prior to the enforcement action in which investigative cost are being sought ; 2 those administrative costs are determined to be greater than 500 ; In the event a violation of this code of ordinances is determined to exist by a court or competent jurisdiction , the person subject to the enforcement action taken by the county shall be liable for the county’s reasonable attorney’s fees in accordance with North Carolina law There being no further business , Commissioner Allen L Mims , Jr moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote _________________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , Clerk to the BoardPage