September 8, 2003 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 447 Meeting of the Johnston County Board of Commissioners September 8 , 2003 The Johnston County Board of Commissioners met in regular session Monday , September 8 , 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 , and Joyce H Ennis , Clerk to the Board The Chairman called the meeting to order and the following business was transacted Public Comments - No one spoke at this time 1 Rezoning Case 03 - 22 - Hearing Held on August 11 , 2003 - Decision Pending Case 03 - 22 Petition to rezone approximately 286 acres located on Buffalo Road SR 1003 in Wilders Township from Agricultural Residential to Agricultural Residential - Special Use District Applicant AT & T Wireless , c o Lewis Johnson , WFI Owner Mary Price The Chairman reopened the public hearing on this case Jeff Bandini , attorney with Parker , Poe , Adams and Bernstein in Raleigh who was representing AT & T , gave a brief outline of why the proposed site for the cell tower was chosen He explained the original intent was to put the equipment on the County owned water tank When AT & T was told this would not be allowed , they searched for other 100 or higher existing structures in the area that might be available for co - location When nothing was found that was tall enough , including the power poles that are only 74 , the company began looking for land to build a tower Nine properties were identified , including property owned by Brett Bruton and his wife When the Price property was chosen , an original wooded site was selected , however , this was changed when the Brutons would not give a necessary easement At that point , the site currently requested was identified for the tower He noted that at no time did the County staff ever suggest AT & T look at the Progress Energy CP & L easement The existing poles were too short , and the company would have had to replace an existing transmission pole with a tower , and work with both Progress Energy and the underlying property owners for easements This process would have been more expensive than leasing land and building a new tower To go back at this time and consider the Progress Energy easement would mean AT & T would have to start over with the entire site acquisition and application process He stressed , in his opinion , AT & T has made a good faith effort to work with the County staff and the County’s consultant on the location of this tower Commissioner Allen L Mims , Jr explained the County has , at their last meeting , agreed to allow commercial antennae on their water tanks He asked how AT & T would feel about putting the equipment on the Archer Lodge tank Mr Bandini stated that AT & T would prefer the Price property since the water tank would not be an ideal coverage situation now He noted originally when they thought they could use the water tank , they designed the surrounding sites around that structure When that did not work out , the design for the entire area was made to work with the Price property Commissioner Wade M Stewart asked if AT & T had considered pursuing an easement with the Brutons and looking again at the original site on the Price’s property He pointed out the July Planning Board minutes indicate Mr Bruton would be happier with the original site Shelby Lusk with Wireless Facilities , Inc WFI , the company working with AT & T on site acquisition , stated that Ms Price has decided she does not want the tower at that location Chairman Langdon asked Johnston County consultant , Robert Copeland of Trigon Engineering , for his comments on locating the antenna on the water tank , since that is now an option Page448 September 8 , 2003 Continued Mr Copeland stated that originally this would have worked , however , now there would be a problem with the southwest coverage based on the way the adjoining antennae have been designed and approved In response to a question from Commissioner Mims , Mr Copeland stated a great deal of time has been put into negotiations and applications for the other sites , however , to his knowledge no construction has started Commissioner Jeffrey P Carver asked Mr Copeland if AT & T is forced to use the water tank , would they , in his opinion , likely come back in the near future for an additional tower site because of lack of coverage Mr Copeland responded that if enough people complained about losing their signal , they would possibly consider adding another tower In response to a question from Commissioner Thomas M Moore , it was noted there is approximately 1600 feet from the Bruton’s house to the proposed site The Chairman called on Mr Finn who stated the Planning Board recommended approval The Chairman asked if anyone else wished to speak There being no response , he closed the public hearing Commissioner Thomas M Moore moved the Board approve the rezoning At this time , some citizens in the back of the room stated they did not hear the Chairman ask for further comments , and indicated they did wish to speak The Chairman reopened the hearing to allow those persons to make comment Pete Matino , 2000 Hunters Ridge Drive , Clayton , stated he is an equipment engineer and asked if there was not enough signal safety overlap in the system design to prevent a loss of coverage if the antenna is moved to the water tank which is approximately 6 to 8 miles away Arvind Maral engineer with WFI stated the standard overlap is 30 , which would be approximately 7 mile given the distance between antennae He noted , however , you can not always count on that as the signal may react in a different manner due to various reasons , including structures in the area Chairman Langdon pointed out the County’s consultant has indicated , in his opinion , there would be a break in coverage Mr Matino stated he would disagree with the consultant , and pointed out the antenna should be on the County’s property since the funds would then go to the County to benefit everyone Brett Bruton , 14765H Buffalo Road , Clayton , stated he would like to clarify some things He noted that AT & T did not just decide against putting the tower on his property When they were approached by AT & T , his wife was opposed to the idea so they refused the offer Concerning the easement , AT & T wanted an easement , which would allow the company to put a pole and guyed wire where he turns into his driveway They did not offer to pay for the easement He further noted that AT & T , in his opinion , in talking to people in the community has created some misunderstandings among the neighbors In addition , Mr Bruton voiced frustration with what he perceived as AT & T’s lack of cooperation with the County It was his understanding that the company was asked to contact CP & L about using the CP & L easement This has not happened He maintained that even though the existing power poles are not high enough , it would be a simple matter to correct this , and CP & L has indicated to him that they would like the opportunity to work with AT & T He stated at this point , he would prefer to see the tower at the original site on Ms Price’s property , rather than in his front yard as it is now proposed Commissioner Carver asked if Mr Bruton was now willing to give an easement Mr Bruton stated he would be willing to work something out with AT & T , however , in his opinion , the antenna should go on the water tank in accordance with the ordinance Teresa Bruton explained the easement AT & T wanted from her and her husband was along a roadway that has never been deeded and would have involved cutting down some trees There being no further comments , the Chairman closed the public hearing for Case 03 - 22 Decision on Rezoning Case 03 - 22 - Petition DeniedPage449 September 8 , 2003 Continued Case 03 - 22 Petition to rezone approximately 286 acres located on Buffalo Road SR 1003 in Wilders Township from Agricultural Residential to Agricultural Residential - Special Use District Applicant AT & T Wireless , c o Lewis Johnson , WFI Owner Mary Price Commissioner Thomas M Moore moved the Board approve the rezoning of case 03 - 22 of approximately 286 acres on Buffalo Road SR 1003 in Wilders Township form Agricultural Residential to Agricultural Residential - Special Use District for Applicant AT & T Wireless , c o Lewis Johnson , WFI and Owner Mary Price Commissioner W Ray Woodall seconded to motion Discussion Commissioner Allen L Mims , Jr stated he could not support the rezoning as he feels the ordinance should be followed and the equipment put on the water tank He noted this is what the people want who have come to the meetings , and in his opinion , there should be enough overlap to prevent significant loss of signal He pointed out it is unfortunate that neighbors have taken sides against other neighbors in the matter Commissioner Wade M Stewart stated he has generally supported all cell towers , but this case is different He noted he would not support the motion based on the fact that AT & T has taken no initiative to work things out with CP & L They were given a name and number of a person at CP & L to contact , and they didn’t follow through He stressed he would like to see Ms Price happy , but feels this should not be in the Bruton’s front yard Commissioner Thomas M Moore stated , in his opinion , 1600 feet is not in their front yard He noted it is unfortunate the issues that have arisen in this case , but feels it is too late to go back and start over Commissioner Cookie Pope expressed her belief that an easement could have been worked out She stated she would like to see the Prices and the Brutons satisfied The Chairman called for a vote and the motion failed by the following vote Ayes James H Langdon , Jr , Thomas M Moore and W Ray Woodall Nays Allen L Mims , Jr , Wade M Stewart , Cookie Pope and Jeffrey P Carver Following the motion , the Chairman asked the Board what , in their opinion , AT & T was being asked to do Commissioner Carver suggested the Company needs to find a middle ground and pointed out Mr Bruton has said he would offer an easement , but it would cost something 2 Public Hearings - Rezoning Cases & Special Use Permit Requests Advertised - In the Smithfield Herald - August 22 , 29 , 2003 Certified letters were mailed to adjoining property owners on August 28 , 2003 and notices posted at the locations on August 25 , 2003 The Chairman opened the rezoning public hearing and invited anyone who wished to comment on the first case to be heard , Case 03 - 30 Case 03 - 30 Petition to rezone approximately one acre located on Pine Level - Micro Road SR 2309 in Pine Level Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 12O08197A Petitioner Owner Dianne Langley Commissioner Cookie Pope asked to abstain Mr Finn introduced the case and noted the property is located near the I - 95 Overlay District The surrounding zoning is Agricultural Residential Applicant Dianne Langley , who lives on the parent property , stated she wishes to have the one acre rezoned general business so she can display up to four cars for sale This would allow her to keep her dealers license , supplement her income , and at the same time stay at home with her children She noted she would like to purchase a lot in town at some point , however she is not in a position to do so at this time Her office would be approximately 200 yards off the road Attorney James Narron of Smithfield spoke on behalf of Fitzgerald Wellons LLC , a company owned byPage450 September 8 , 2003 Continued the daughters of the late James Wellons The Wellons women own the land just south of this tract on both sides of the Pine Level - Micro Road He stated his clients feel this type of rezoning is unwarranted as it does not contribute anything to the community , and does not enhance or maintain the value of surrounding property He pointed out the ordinance requires that there be a sales office , and questioned if Ms Langley’s office would be on the acre to be rezoned Ms Langley stated she moved the business to her home over two years ago prior to her husband’s death She did not realize she needed to be rezoned , but noted she had never had a complaint from anyone She pointed out there is a taxidermy across the road from her , as well as two businesses down the road , within her sight , where one man builds light houses and another works on automobiles Ms Langley stated the area she is requesting to be rezoned is along one side of a long driveway , and her sales office is on that property She would most likely have only one car parked near the road for display , with the others approximately 200 yards back Commissioner Thomas M Moore asked if this would be something Mr Narron considered spot zoning Mr Narron remarked the ordinance appears to have been designed to avoid the spot zoning issue , but he maintained this rezoning would affect the whole community as it would , in his opinion , be the opening for other petitions for commercial zoning Commissioner Allen L Mims , Jr noted that Ms Langley is talking about this being a temporary arrangement ; however , zoning is permanent Considering the facts the Board must find , he asked Ms Langley if she considered her business a needed use in the community Ms Langley stated , in her opinion , it would be similar to the other businesses in the area John Branch , North Third Street , Smithfield , whose wife is one of the Wellons sisters represented by Mr Narron , stated the land has been in his wife’s family since the 1800 s , and is important to them He stated , in his opinion , the requested rezoning would not enhance the area Mr Finn explained the other businesses mentioned by Ms Langley have been there for many years and were grandfathered at the time of countywide zoning The Planning Board recommended approval of the request When no one else spoke , the Chairman recessed the Rezoning Public Hearing for Case 03 - 30 Decision on Rezoning Case 03 - 30 - Petition Denied Case 03 - 30 Petition to rezone approximately one acre located on Pine Level - Micro Road SR 2309 in Pine Level Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 12O08197A Petitioner Owner Dianne Langley Commissioner Thomas M Moore moved the Board deny the rezoning of case 03 - 30 of approximately one acre on Pine Level - Micro Road SR 2309 in Pine Level Township from Agricultural Residential AR to General Business - Special Use District for owner , Dianne Langley Commissioner Allen L Mims , Jr seconded the motion which carried , based on a tie vote as follows Ayes Thomas M Moore , Allen L Mims , Jr , and Jeffrey P Carver Nays James H Langdon , Jr , Wade M Stewart , and W Ray Woodall Abstaining Cookie Pope The Chairman re - opened the Rezoning Public Hearing for Case 03 - 32 Case 03 - 32 Petition to rezone approximately 133 acres located on NC Highway 210 in Elevation Township from Agricultural Residential to General Business - Special Use District Tax ID 07F05021A Petitioner Owner James Carl Coats Mr Finn indicated the property on the GIS map and noted it is located near Raleigh Road and the Interstate 40 - Hwy 210 interchange Owner James Carl Coates stated he has lived on this property for most of his life He has been selling cars there off and on for eleven years , mostly as a wholesale dealer Now he is displaying automobiles for retailPagePage pageNumber5451 September 8 , 2003 Continued sale and needs rezoning Mr Finn explained that a couple of years ago the State started reissuing automobile dealers licenses There is now a place to check on local zoning , which is how this case was identified This property was not grandfathered because he has not kept the business going continuously The Planning Board recommended approval In response to a question from Commissioner Allen L Mims , Jr , Mr Coates stated he used to live on the actual property requested for rezoning , but since the zoning ordinance does now allow a residence on general business , he now lives across the street His office , however , remains on the property The Chairman recessed the Rezoning Public Hearing for Case 03 - 32 Decision on Rezoning Case 03 - 32 - Petition Approved Case 03 - 32 Petition to rezone approximately 133 acres located on NC Highway 210 in Elevation Township from Agricultural Residential to General Business - Special Use District Tax ID 07F05021A Petitioner Owner James Carl Coats Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved the rezoning of case 03 - 32 of approximately 133 acres on NC Highway 210 in Elevation Township from Agricultural Residential to General Business - Special Use District for owner , James Carl Coats The Chairman opened the Special Use Permit Hearing and invited anyone interested in addressing the Board on Case 03 - 32 Case 03 - 32 Special Use Permit Application to allow for auto sales , office residence , display of up to twenty cars on approximately 133 acres located on NC Highway 210 in Elevation Township Applicant James Carl Coats Those wishing to speak on special use permit case 03 - 32 were sworn in by the Clerk to Board Mr Finn entered the following summary of evidence on Case 03 - 32 into the record A pre - application consultation was held with the applicant for Case 03 - 32 on June 12 , 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 July 15 , 2003 , the Johnston County Planning Board held a public hearing regarding rezoning and special use Case 03 - 32 and recommended approval with a vote of 8 - 0 for the Special Use Permit to allow for auto sales office residence , display of up to twenty cars 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 complies with all required use and intensity regulations of Articles II and IV of the Land Development Code , and the applicable specific standards contained in sectionPagePage pageNumber6452 September 8 , 2003 Continued 14 - 257 and with all applicable regulations Note Applicable regulations not in Chapter 14 of the Johnston County Land Development Code may include and are not limited to other provisions of the Johnston County Land Development Code , other ordinances and resolutions , and state and federal 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 , or other development policies as adopted by the Board of Commissioners ; and 5 That the use will provide a valuable commercial use to the surrounding community Special Conditions 1 Days and hours of operation , Monday through Saturday , 8 00 am to 6 00 pm 2 Site plan required meeting the standards of the Land Development Code and Design Manual pertaining to a Special Use and approved by staff 3 No repairs or servicing of vehicles on site 4 No more than 20 vehicles for sale at any given time 5 Signage allowed under the Home Occupation standards , no more than three feet high and three square feet and not lighted The Chairman recessed the Special Use Permit Hearing for Case 03 - 32 Decision - Application For Special Use Permit - Case 03 - 32 - Petition Approved with Conditions Case 03 - 32 Special Use Permit Application to allow for auto sales , office residence , display of up to twenty cars on approximately 133 acres located on NC Highway 210 in Elevation Township Applicant James Carl Coats Based on the following findings of fact and with special conditions attached , Commissioner Cookie Pope moved the Board authorize the Planning Department issue a special use permit to applicant James Carl Coats to allow for auto sales , office , and display of up to twenty cars on approximately 133 acres on NC Highway 210 in Elevation Township Commissioner Wade M Stewart 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 complies with all required use and intensity regulations of Articles II and IV of the Land Development Code , and the applicable specific standards contained in section 14 - 257 and with all applicable regulations Note Applicable regulations not in Chapter 14 of the Johnston County Land Development Code may include and are not limited to other provisions of the Johnston County Land Development Code , other ordinances and resolutions , and state and federal 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 , or other development policies as adopted by the Board of Commissioners ; and 5 That the use will provide a valuable commercial use to the surrounding community Special Conditions 1 Days and hours of operation , Monday through Saturday , 8 00 am to 6 00 pm 2 Site plan required meeting the standards of the Land Development Code and Design Manual pertaining to a Special Use and approved by staff 3 No repairs or servicing of vehicles on site 4 No more than 20 vehicles for sale at any given time 5 Signage allowed under the Home Occupation standards , no more than three feet high and three square feet and not lighted The Chairman re - opened the Rezoning Public Hearing for Case 03 - 35 Case 03 - 35 Petition to rezone approximately forty - six acres located on Holly Grove Road SR 1113 in Meadow Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 09G15004 Petitioners Owners Jeffrey and Jan Hamburg PagePage pageNumber7453 September 8 , 2003 Continued Mr Finn pointed out the property on the GIS map and noted it is located near Hwy 242 The surrounding zoning is primarily agricultural residential Owners Jeffrey and Jan Hamburg stated they wish to establish a Christian retreat on the property They passed out a folder of information on the proposed development and noted they plan to have two large lodges that would accommodate 40 people each In addition , they plan to have a smaller facility , a “ pool cottage , ” that would be handicapped accessible They noted this would be a lodging facility , not a camp , and no programs or meals will be provided In response to a question concerning liability , the Hamburgs stated they would carry insurance , but would require guests to sign a waiver Minors would have to have their parents sign for them They noted they live on 16 acres that they reserved for themselves with the other 49 areas to be donated for the project The lake comprises approximately 35 acres Water and sewer service will be provided by wells and a septic tank system Jerry Burton , 761 Hood’s Grove Church Road , Newton Grove , stated he attends church with the Hamburgs and feel their proposed retreat would be a real asset to the County Robert Depew , 1075 Denning Road , Benson , stated the Hamburgs , who do not have any children , want to do this as a way of leaving a legacy He added his support for this rezoning Mr Finn stated the Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing for Case 03 - 35 Decision on Rezoning Case 03 - 35 - Petition Approved Case 03 - 35 Petition to rezone approximately forty - six acres located on Holly Grove Road SR 1113 in Meadow Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 09G15004 Petitioners Owners Jeffrey and Jan Hamburg 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 - 35 of approximately forty - six acres on Holly Grove Road SR 1113 in Meadow Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD for owners Jeffrey and Jan Hamburg The Chairman re - opened the Special Use Permit Hearing for Case 03 - 35 Case 03 - 35 Special Use Permit Application to allow for three lodge facilities , parking area , bath house , pool , dock , dock storage , and nature trail on approximately forty - six acres located on Holly Grove Road SR 1113 in Meadow Township Applicant Jeffrey and Jan Hamburg Those wishing to speak on special use permit case 03 - 35 were sworn in by the Clerk to Board Mr Finn entered the following summary of evidence on Case 03 - 35 into the record A pre - application consultation was held with the applicant for Case 03 - 35 on June 23 , 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 PagePage pageNumber8454 September 8 , 2003 Continued On July 15 , 2003 , the Johnston County Planning Board held a public hearing regarding rezoning and special use Case 03 - 35 and recommended approval with a vote of 7 - 0 for the Special Use Permit to allow for three lodge facilities , parking area , bath house , pool , dock , dock storage , nature trail 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 complies with all required use and intensity regulations of Articles II and IV of the Land Development Code , and the applicable specific standards contained in section 14 - 257 and with all applicable regulations Note Applicable regulations not in Chapter 14 of the Johnston County Land Development Code may include and are not limited to other provisions of the Johnston County Land Development Code , other ordinances and resolutions , and state and federal 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 , or other development policies as adopted by the Board of Commissioners ; and 5 That the use will provide a valuable commercial use to the surrounding community Special Conditions 1 Operating hours will be year round with consideration to Johnston County noise ordinance which is ; all is quiet after 11 00 pm 2 A detailed site plan to be reviewed and approved by staff including no structure shall be closer than 800 feet to Mrs McLamb’s house 3 No motorized vehicles shall be operated on the lake Commissioner Allen L Mims , Jr asked the Hamburgs if they had any problem with the proposed special conditions Mr Hamburg stated they were satisfied with the recommendations The Chairman recessed the Special Use Permit Hearing for Case 03 - 35 Decision - Application for Special Use Permit - Case 03 - 35 - Petition Approved with Conditions Case 03 - 35 Special Use Permit Application to allow for three lodge facilities , parking area , bath house , pool , dock , dock storage , and nature trail on approximately forty - six acres located on Holly Grove Road SR 1113 in Meadow Township Applicant Jeffrey and Jan Hamburg Based on the following findings of fact and with special conditions attached , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit to applicants , Jeffrey and Jan Hamburg , to allow for three lodge facilities , parking area , bath house , pool , dock , dock storage , and nature trail on approximately forty - six acres on Holly Grove Road SR 1113 in Meadow Township 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 complies with all required use and intensity regulations of Articles II and IV of the Land Development Code , and the applicable specific standards contained in section 14 - 257 and with all applicable regulations Note Applicable regulations not in Chapter 14 of the Johnston County Land Development Code may include and are not limited to other provisions of the Johnston County Land Development Code , other ordinances and resolutions , and state and federal 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 , or other development policies as adopted by the Board of Commissioners ; and 5 That the use will provide a valuable commercial use to the surrounding community Special Conditions 1 Operating hours will be year round with consideration to Johnston County noise ordinance which is ; all is quiet after 11 00 pm 2 A detailed site plan to be reviewed and approved by staff including no structure shall be closer than 800 feet to Mrs McLamb’s house 3 No motorized vehicles shall be operated on the lake The Chairman re - opened the Special Use Permit Hearing for Case 03 - 31PagePage pageNumber9455 September 8 , 2003 Continued Case 03 - 31 Petition seeking modification of a Special Use Permit to place on the front of the premises no more than seven 7 cars to be advertised for sale on approximately one acre located on NC Highway 210 , in Elevation Township Applicant Leo Daughtry on behalf of Doris Beasley Enterprises , Inc and Mike Poole Those wishing to speak on special use permit case 03 - 31 were sworn in by the Clerk to Board Mr Finn identified the property , which is located near the Interstate Highway 40 Hwy 210 Overlay District He explained the Planning Board recommended denial of the original request ; however , they did offer , for the Board of Commissioners consideration , an alternate proposal for modification that the applicant indicated they would be satisfied with He introduced the following summary of evidence into the record , and noted the conditions marked with an asterisk are the modifications recommended by the Planning Board A pre - application consultation was held with the applicant for Case 03 - 31 on May 28 , 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 July 15 , 2003 , the Johnston County Planning Board held a public hearing regarding rezoning and special use Case 03 - 31 and recommended denial with a vote of 8 - 0 for the original request ; however based on the following findings of fact , the Planning Board did recommend an alternate proposal to modify the conditions , as listed below with changes marked with an asterisk 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 contained 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 , or other development policies as adopted by the Board of Commissioners ; Special Conditions 1 The land is approved for auto repair and towing and storage only 2 Operating hours will be 7 00 to 9 00 pm , Monday through Saturday 3 Maximum of twenty 20 vehicles on the premises at any one time for the purpose of being repaired or to be repaired and it be understood that is for vehicles that are to be repaired or being repaired 4 No vehicle shall remain on premises for more than 90 days whether it is a State issue or an insurance issue or a non payment of bill issue 5 All vehicles on premises for the purpose of being repaired or to be repaired shall remain behind an eight 8 foot solid fence 6 No junk yard status of motors or parts of vehicles at any time The area consumed by such cannot be greater than 600 square feet 7 Records must be maintained on each vehicles on the lot 8 Buffer B is required on the back and both sides 9 No more than eight 8 vehicles shall be parked outside the solid fence at any given time in a parking arrangement that is deemed safe by Staff and approved by Staff Attorney Leo Daughtry , 5 Lakeview Place , Smithfield , stated he represents , PJ ’ s Auto and property owner , Doris Beasley He concurred that his clients would accept the Planning Board’s alternate modification recommendation He noted Mr Poole has had difficulty complying with the conditions of the special use as they were originally stated , and this would give him some flexibility to conduct his business Page0456 September 8 , 2003 Continued Commissioner Cookie Pope asked about the eight vehicles that would be allowed outside the fence , and questioned if this would include all types of vehicles Mr Poole stated it was his understanding that vehicles could be parked outside the fence as long as they were put behind the fence after hours He stated , in his opinion , there was a major misunderstanding because he was cited several times for having his personal vehicle and his wife’s emergency vehicle parked on the outside , and allowing customer parking in front of his business Commissioner Wade M Stewart noted he did not see anything in the original conditions about parked cars He asked staff to explain the violations Zoning Enforcement Officer , Phillis Hicks , stated the property was approved for auto repair , towing and storage Mr Poole was selling vehicles and was displaying them in the DOT right of way , which is not allowed by the State Mr Poole explained he thought he could sell the cars because the State of NC allows him to recoup his losses on unclaimed vehicles that were towed for the Highway Patrol , or vehicles he repaired that were never paid for It was his opinion , this was a part of repair and recovery Mr Daughtry noted this is not a problem now because Mr Poole has another place he can take cars to sell He stated there will be no more vehicles sold on this property Discussion then ensued about condition # 4 which addresses the length of time Mr Poole can keep vehicles on the premises Mr Poole also questioned the 20 repaired or to be repaired cars allowed behind the fence , and noted the conditions say nothing about recovery or storage vehicles Commissioner Jeffrey P Carver asked Mr Poole how many vehicles he can put behind the fence Mr Poole answered that he could get 40 to 45 vehicles behind the 8 enclosed fence Commissioner Allen L Mims , Jr pointed out the first time this case was considered , a number of neighbors came to the meetings concerned about the appearance of the lot and possible well contamination because of leaking oil and gas into the soil Mr Poole stated the contamination already exists and the State has monitoring wells that are checked every three to four months He noted the State is supposed to bring out equipment to dig up and turn the soil over , however , there was no money budgeted for this project this year He maintained he has taken property that was of no use to anyone , and established a business with four employees He has planted flowers and shrubbery , maintained the buildings and kept the parking lot clean He stressed , in his opinion , this is a business that is needed in the area Commissioner Carver asked Mr Poole how many vehicles he needs to be able to have behind the fence Mr Poole responded he can put 45 cars within the enclosure Mr Daughtry stated his clients would be grateful to be allowed an additional number of cars Commissioner Thomas M Moore suggested the Board add 25 additional vehicles to condition # 3 and change condition # 5 to include storage vehicles Mr Finn stated he supported the changes ; however , the concern remains about the display of automobiles for sale in the right - of - way Mr Poole responded that he has another location where he can carry cars for sale , and agreed that no more cars would be sold on this property There being no further comments , the Chairman closed the Special Use Permit Hearing for Case 03 - 31 Decision on Modification of Special Use Permit - Case 03 - 31 - Petition Approved with Revisions Case 03 - 31 Seeking modification of a Special Use Permit to place on the front of the premises no more than seven 7 cars to be advertised for sale on approximately one acre locatedPage1457 September 8 , 2003 Continued on NC Highway 210 , in Elevation Township Applicant Leo Daughtry , on behalf of Doris Beasley Enterprises , Inc and Mike Poole Based on the following findings of fact , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a modified special use permit to applicant Doris Beasley Enterprises , Inc and Mike Poole with the following conditions attached as recommended by the Planning Board and modified by the Board of Commissioners Commissioner Thomas M Moore seconded the motion which carried by the following vote Ayes James H Langdon , Jr , Cookie Pope , Wade M Stewart , Thomas M Moore , Jeffrey P Carver and W Ray Woodall Nays Allen L Mims , Jr 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 contained 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 , or other development policies as adopted by the Board of Commissioners ; Special Conditions 1 The land is approved for auto repair and towing and storage only 2 Operating hours will be 7 00 to 9 00 pm , Monday through Saturday 3 Maximum of forty - five 45 vehicles on the premises at any one time for the purpose of being repaired or to be repaired and it be understood that is for vehicles that are to be repaired or being repaired 4 No vehicle shall remain on premises for more than 90 days whether it is a State issue or an insurance issue or a non payment of bill issue 5 All vehicle on premises for the purpose of being repaired or to be repaired or being stored shall remain behind an eight 8 foot solid fence 6 No junk yard status of motors or parts of vehicles at any time The area consumed by such cannot be greater than 600 square feet 7 Records must be maintained on each vehicle on the lot 8 Buffer B is required on the back and both sides 9 No more than eight 8 vehicles shall be parked outside the solid fence at any given time in a parking arrangement that is deemed safe by Staff and approved by Staff 3 Call for Public Hearing - Amendment to County Code of Ordinances - Section 1 - 6 ; 14 - 614 Upon a motion by Commissioner Allen L Mims , Jr , seconded by Thomas M Moore and carried by unanimous vote , the Board scheduled a public hearing for October 13 , 2003 on the following proposed amendments to the Johnston County Code of Ordinances • Section 1 - 6 Generally penalty ; enforcement of ordinances ; continuing violations ; recovery of investigative costs • Section 14614 Penalties and remedies Penalties , remedies , and recovery of administration costs 4 Surplus Property Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board declared surplus the following computers that were taken out of service at the Department of Social Services during the months of July and August , and authorized they be donated to the “ Computers for Kids ” program sponsored by the Johnston County Education Foundation and the Smithfield Selma Chamber of Commerce Page2458 September 8 , 2003 Continued E - 3000 233 Mhz Pentium E - 3000 233 Mhz Pentium E - 3000 233 MHZ PENTIUM E - 3000 233 Mhz Pentium E - 3000 233 Mhz Pentium E - 3000 233 Mhz Pentium E - 3000 233 Mhz Pentium E - 3000 233 Mhz Pentium E - 3110 266 MHZ PENTIUM E - 3110 266 Mhz Pentium E - 3110 266 Mhz Pentium E - 3110 266 Mhz Pentium E - 3110 266 Mhz Pentium E - 3000 233 Mhz Pentium E - 3000 233 Mhz Pentium E - 3000 233 Mhz Pentium E - 3110 266 Mhz Pentium E - 3110 266 Mhz Pentium E - 3000 233 Mhz Pentium E - 3000 233 MHZ PENTIUM E - 3000 233 Mhz Pentium E - 3110 266 MHZ PENTIUM E - 3110 266 Mhz Pentium E - 3110 266 MHZ PENTIUM E - 3000 233 Mhz Pentium E - 3110 266 Mhz Pentium E - 3000 233 Mhz Pentium E - 3110 266 Mhz Pentium E - 3000 233 Mhz Pentium E - 3000 233 Mhz Pentium E - 3000 233 Mhz Pentium E - 3000 233 Mhz Pentium E - 3000 233 Mhz Pentium E - 3000 233 Mhz Pentium E - 3110 266 Mhz Pentium E - 3110 266 Mhz Pentium E - 3000 233 Mhz Pentium E - 3000 233 Mhz Pentium E - 3000 233 MHZ PENTIUM E - 3000 233 Mhz Pentium E - 3000 233 Mhz Pentium E - 3000 233 Mhz Pentium E - 3000 233 Mhz Pentium E - 3000 233 Mhz Pentium E - 3000 233 Mhz Pentium E - 3110 266 Mhz Pentium E - 3110 266 Mhz Pentium E - 3110 266 Mhz Pentium 5 Resolution for Meadow Water District Commissioner Cookie Pope moved the Board recess regular session to sit as the Meadow Water District Board Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Sitting as the Meadow Water District Board Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board adopted the following resolution authorizing staff to apply for a grant to run additional water lines in the Meadow Water District AUTHORIZING RESOLUTION BY GOVERNING BODY OF THE APPLICANT Supplemental Grants Program WHEREAS , The 1998 Critical Needs Bond Act has authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater treatment works , wastewater collection systems , and water supply systems , water conservation projects ; and WHEREAS , The Meadow Water District has need for and intends to construct or rehabilitate a publicly owned treatment works or an alternate wastewater system , for wastewater collection systems or for water supply and distribution systems , project described as Meadow Water District Water System Improvements ; and WHEREAS , The Meadow Water District intends to request grant assistance from the Supplemental Grants Program for the project ; NOW THEREFORE BE IT RESOLVED , BY THE BOARD OF COMMISSIONERS OF THE MEADOW WATER DISTRICT lt; That Meadow Water District will arrange financing for all remaining costs of the project , if approved for a grant lt; That Meadow Water District will provide for efficient operation and maintenance of the project on completion of construction thereof lt; That Rick J Hester , District Manager , and successors so titled , is hereby authorized to execute and file an application on behalf of Meadow Water District with the NCREDC Rural Center for a grant to assist in the construction of the project described above lt; That Rick J Hester , District Manager , and successors so titled , is hereby authorized and directed to furnish such information as the Rural Center may request in connection with such application or the project ; to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application lt; That Meadow Water District has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to the grants pertaining thereto Adopted this the 8th of September , 2003 at Smithfield , North Carolina Page3459 September 8 , 2003 Continued Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Meadow Water District Board adjourned and regular session resumed 6 Department of Social Services - Request for New Positions DSS Director , Earl Marett , and Debbie Henderson , adult services supervisor for DSS , asked the Board for two additional positions for the Community Alternative Program for Disabled Adults CAP DA program and the Special Assistance SA In - Home program Mr Marett explained these programs help keep people out of nursing homes by providing in - home care and services The two Social Worker II positions would be reimbursed by Medicaid Ms Henderson explained the two programs have just recently been unfrozen and the State has offered additional slots to the County These programs provide services to adults of all ages who are disabled and in need of special assistance She noted the SA In - Home program started as a demo that Johnston County was elected to be a part of Her agency is currently serving clients in this program ranging in age from 20 to 101 who suffer from a variety of illnesses or disabilities Each of them requires specific medical assistance in order to stay in their homes The CAP DA provides nursing home level of care , and currently clients range from 30 to over 70 years of age Both programs have a waiting list With the two new positions , the County could serve and additional 12 slots in the SA In - Home program , and 30 additional CAP slots In response to questions from Commissioner Jeffrey P Carver , Ms Henderson explained the new positions would be administrators that would work with contract agencies to provide services as needed Currently the County has 1 and ½ positions working on the CAP DA program , and 1 3 of a position on the SA In - Home program Commissioner Wade M Stewart stated he supports this request He noted he has seen how these programs have helped the existing clients , and believes there are many others that can be helped if DSS has the two additional people Commissioner Cookie Pope moved the Board approve the following budget amendment for two new Social Worker II positions for the Department of Social Services for the CAP - DA program and the SA Demo project Commissioner Thomas M Moore seconded the motion Discussion Commissioner Woodall voiced support for the motion as it will allow more elderly and disabled people to stay at home Commissioner Carver stated this is a lot of information to digest in such a short period of time Commissioner Stewart stated it was his decision to bring this up at tonight’s meeting He noted he had the request two weeks earlier but requested that Mr Marett and Ms Henderson come tonight because he knew nd he would be absent from the September 2 meeting and wanted to voice his support for this request There being no further discussion , the motion carried by the following vote Ayes James H Langdon , Jr , Allen L Mims , Jr , Wade M Stewart , Cookie Pope , W Ray Woodall Nays Jeffrey P Carver FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 6155 0200 Salaries 63,06800 10 6155 0501 Social Security 2,97600 10 6155 - 0600 Health Insurance 4,20000 10 6155 0610 Life Insurance 10800 10 6155 0700 Retirement 2,22200 10 6155 0701 401 - K 1,94400 TOTAL NET EXPENDITURES 74,518 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 6155 34146 CAP DA SA In - Home Revenue 74,518Page4460 September 8 , 2003 Continued 7 Appointment of Deputy Clerk Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board appointed Della Knight as Deputy Clerk , effective October 1 , 2003 , upon the retirement of current Deputy Clerk , Pat Baker Ms Baker thanked the Board and stated it has been a pleasure to serve as deputy clerk Board Reports and Comments lt; County Manager to fax the Board his recommendation for rezonings in Interstate Overlay Districts lt; The Board agreed to take no further action at this time concerning group homes There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote _________________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , Clerk to the BoardPage