May 12, 2003 - 6:45 PM - County Board of Commissioners Meeting Minutes (Special)

10 299 MEETING OF THE JOHNSTON COUNTY BOARD OF COMMISSIONERS May 12 , 2003 Special Meeting & Public Hearing The Johnston County Board of Commissioners met in special session Monday , May 12 , 2003 , at 6 45 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina , to hold a public hearing 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 Mark Payne , County Attorney The Chairman called the meeting to order and opened the public hearing on the proposed expansion of the Wilson’s Mills Fire District # 2 to six miles He invited anyone who wished to make comment on the proposed expansion Paul Whitehurst , Deputy Fire Marshal , pointed out the proposed areas of expansion on a map and offered to answer any questions Chairman James H Langdon , Jr explained that properties in the extension areas would be taxed by the district , but would realize a insurance savings since they would now fall within a rated district The savings on insurance should more than offset the additional taxes There being no further comments , the Chairman closed the public hearing May 12 , 2003 Regular Session The Johnston County Board of Commissioners met in regular session Monday , May 12 , 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 Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted Public Comments 1 Comment on Expansion of Wilson’s Mills Fire District # 2 to Six Miles Michelle McLaughlin from Four Oaks arrived too late for the public hearing held at 6 45 pm , but voiced her complaint at this time about being added to a fire district where she will be required to pay a fire tax She stated she already has fire protection service , and doesn’t need additional taxes to pay County Manager , Rick Hester stated he would be glad to talk to Ms McLaughlin about this matter 2 Public Hearing - Rezoning Cases & Special Use Permit Request Advertised - In the Smithfield Herald - April 25 , 2003 and May 2 , 2003 Certified letters were mailed to adjoining property owners on May 1 , 2003 and notices posted at the locations on May 1 , 2003 Page300 May 12 , 2003 Continued The Chairman opened the rezoning public hearing and invited anyone who wished to comment on the advertised rezoning and special use cases Case 03 - 2 Petition to rezone a portion of two parcels totaling approximately 127 acres located on Massengill Pond Road SR 1313 in Pleasant Grove Township from Agricultural Residential to Agricultural Residential - Special Use District Owners and Applicants Tammy J Byrd and Christopher M Byrd Eddy Davis , Planning and Zoning Manager , indicated the property on the GIS map and noted it is located near County Line Road close to Harnett County There are a number of subdivisions in the area Tammy Byrd stated she wishes to build a day care center and asked the Board to approve the rezoning Mr Davis stated the Planning Board recommended approval by unanimous vote The Chairman Recessed the Rezoning Public Hearing - Case 03 - 2 Decision on Rezoning Case 03 - 2 Case 03 - 2 Petition to rezone a portion of two parcels totaling approximately 127 acres located on Massengill Pond Road SR 1313 in Pleasant Grove Township from Agricultural Residential to Agricultural Residential - Special Use District Owners and Applicants Tammy J Byrd and Christopher M Byrd Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board approved rezoning case 03 - 2 for owners and applicants Tammy J Byrd and Christopher M Byrd of two parcels totaling approximately 127 acres located on Massengill Pond Road SR 1313 in Pleasant Grove Township from Agricultural Residential to Agricultural Residential - Special Use District The Chairman Opened the Special Use Permit Hearing - Case 03 - 2 Those wishing to speak on Case 03 - 2 were sworn in by the Clerk to the Board Case 03 - 2 Special Use Permit application for a day care center on a portion of two parcels totaling approximately 127 acres located on Massengill Pond Road SR 1313 in Pleasant Grove Township Owners and Applicants Tammy J Byrd and Christopher M Byrd Mr Davis noted this permit would be for a day care center He offered the following summary of evidence A pre - application hearing was held with the applicant on November 1 , 2002 At that time , the applicant was informed of the following S If approved , applicant must provide to the Planning Office a Site Plan for their review and approval S Applicant must comply with the requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing or any additional requirements as approved by this Board S Applicant will be notified in writing of the Board’s decision S 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners S Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within that time period S When necessary , staff informed the applicant of further Planning Office requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements S Subsequent to the pre - application conference , 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 March 18 , 2003 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by a unanimous vote of 8 - 0 , the approval of rezoning to Agricultural Residential - Special Use District , and recommended a special use permit for a day care center based on the following findings of fact with no special conditions Page301 May 12 , 2003 Continued 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 VI of the Development Ordinance , and the applicable specific standards contained in section 14 - 257 and with all applicable regulations Note Applicable regulations not in the landuse chapter may include and are not limited to other provisions of this 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 as embodied in the Development Ordinance , the County Strategic Plan , or other development policies as adopted by the Board of Commissioners 5 The use as proposed complies with all required use and intensity regulations of the Johnston County Development Code ; and 6 This day care will serve the community The Chairman Recessed the Special Use Permit Hearing - Case 03 - 2 Decision on Application for Special Use Permit - Case 03 - 2 Case 03 - 2 Special Use Permit application for a day care center on a portion of two parcels totaling approximately 127 acres located on Massengill Pond Road SR 1313 in Pleasant Grove Township Owners and Applicants Tammy J Byrd and Christopher M Byrd Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote the Board authorized the Planning Department to issue a special use permit to owners and applicants , Tammy J Byrd and Christopher M Byrd for a day care center on a portion of two parcels totaling approximately 127 acres located on Massengill Pond Road SR 1313 in Pleasant Grove Township , based on the following findings of fact with no special conditions 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 VI of the Development Ordinance , and the applicable specific standards contained in section 14 - 257 and with all applicable regulations Note Applicable regulations not in the landuse chapter may include and are not limited to other provisions of this 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 as embodied in the Development Ordinance , the County Strategic Plan , or other development policies as adopted by the Board of Commissioners 5 The use as proposed complies with all required use and intensity regulations of the Johnston County Development Code ; and 6 This day care will serve the community The Chairman Re - opened the Rezoning Public Hearing - Case 03 - 6 Case 03 - 6 Petition to rezone a portion of two parcels totaling approximately 2251 acres located on Federal Road SR 1331 in Elevation Township from Agricultural Residential to Agricultural Residential - Special Use District Owners Ronald W Hall , Mildred B Hall , James Randy Langdon Applicant Ronald W Hall Chairman Langdon announced that Commissioner Cookie Pope has obtained approval from the Board to abstain from any discussion or action on this case Mr Davis pointed out this property on the GIS map and noted it is located between Raleigh Road and Grace Road with several subdivisions in the area Oak Field Manor Subdivision is adjacent to the property Page302 May 12 , 2003 Continued Applicant Ronald Hall , who lives on one of the properties , stated he would like to convert these tracts into four soccer fields and three full - size baseball fields He noted there is a lack of practice and playing fields for school and community teams , and feels this is badly needed He addressed a number of concerns that were voiced at the Planning Board meetings lt; Noise - He noted there would be some noise , but the fields would be grass , with no stands , no music and no loud speakers lt; Dust from dragging fields - He pointed out the land is a disced up field now with a lot of dust He would turn this into grassed fields As for dragging the in - fields , he would put in irrigation system and wet it before dragging to avoid large clouds of dust lt; Port - a - johns - He agreed to build a fence around them and turn them around so they could not be seen from the nearby residences lt; Caliber of people - He noted he would not allow alcohol and , in his opinion , their would be no problem with the people who came to observe the games lt; Lights - He noted he would like to have two fields lighted , however , he would be willing to work around that issue lt; Seating - He does not plan to build stands - people would bring lawn chairs lt; Hours of operation - He would be willing to work around the hours of operation lt; Trash Dumpsters - He would put a fence around the dumpsters lt; Enforcement of rules and regulations - He stated he has his own business and can leave it to come home whenever needed lt; Loss of Value for Surrounding Property - He stated having these fields could , in his opinion , attract sales , as well as possibly keeping some away He noted subdivisions in other areas have been built around existing ball fields with no adverse reaction lt; Commercial Enterprise - He noted this would be a special use that could only be for the one purpose He thanked the Board for allowing him to speak and address these concerns Ronnie Lee , who lives in Oak Field Manor Subdivision , spoke on behalf of a group of his neighbors who oppose the rezoning He passed out photographs of the subject property and noted the people he represents still have concerns about the reduction in value to their homes , noise , lighting , port - a - johns and traffic He stated the residents believe that if this is approved , cars will be coming into the subdivision on a regular basis , and turning around in their driveways He noted that along with the fields , Mr Hall’s plans include parking for over 300 vehicles , concession stands , AAU tournaments , which draw large crowds This is not what the neighbors want to see happen next to them Mr Lee pointed out most of the people who have supported Mr Hall’s proposal do not live in the immediate area He spoke of a firing range that appears to be on this property based on the sound of gun shots that have been heard , and questioned the safety with having children around possible unspent ammunition He questioned the hours of operation , and noted for many , the noise would affect all their waking hours He asked the Board to deny the request Shirley Clifton , whose property is adjacent to the proposed fields , stated she works shift work This would interfere with her sleep during the day She also noted she has a child who plays in her back yard , and she would be afraid for her child’s safety She asked the Board to deny the request Mr Hall responded to the comment about his petition of support and noted most of the signatures were from people who live within one mile of the site He stated he has offered to do whatever is needed to provide safety , including netting , and does not believe people would be coming into the subdivision to turn around Attorney George Mast stated that Mr Lee expressed the concerns of his clients , but asked for a show of hands of those who oppose the rezoning A number of people in attendance raised their hands He suggested that regardless of what Mr Hall says , this proposal is for a commercial venture , which provides no security and no officers on duty to make sure no one is hurt He stated this request , in his opinion , does not represent the highest and best use of the property , which is residential , not commercial This request , if approved , would turn 22 acres into a commercial venture which would attract hundreds to people to the site Joseph Terry , resident of Oak Field Subdivision , stated he admires what Mr Hall is trying to do , but feels this is the wrong place He stated he requires rest and doesn’t need this noise and stress PagePage pageNumber5303 May 12 , 2003 Continued Lisa Campbell suggested the fields would be used by anyone who could pay the rent , which in her opinion , means there will be more adults than kids She stated she too admires what Mr Hall is trying to do , but does not believe this is the right location She questioned Mr Hall’s reference to an irrigation system and noted she has not see any evidence of this Mr Hall stated he would put this in on new fields In response to a question from Commissioner Thomas M Moore , he explained he already has one field that is on his property that he uses for his team Donnis Terry stated she and her husband are retired and wish to enjoy their home They built in the neighborhood because of the quietness and would like to be able to sit on their deck without the noise She also had questions about the shooting range Sue Hall , wife of the applicant , stated she does not allow guns on the property She stated one of the residents of Oak Field Manor has come over to their property to shoot his guns when they were not at home Mr Hall spoke up that there would be no guns if the fields are approved Robert Gordon stated he has three children and thinks this is a great idea ; however , maybe not in the right place He suggested the first issue should be safety , and he would have a problem letting his kids play in the back yard with the games going on next to them Mr Davis stated the Planning Board recommended denial by a vote of 4 to 3 The Chairman Recessed the Rezoning Public Hearing - Case 03 - 6 Decision on Rezoning Public Hearing - Case 03 - 6 Case 03 - 6 Petition to rezone a portion of two parcels totaling approximately 2251 acres located on Federal Road SR 1331 in Elevation Township from Agricultural Residential to Agricultural Residential - Special Use District Owners Ronald W Hall , Mildred B Hall , James Randy Langdon Applicant Ronald W Hall Commissioner Thomas M Moore moved the Board deny rezoning case 03 - 6 for owners Ronald W Hall , Mildred B Hall , James Randy Langdon and applicant , Ronald W Hall of two parcels totaling approximately 2251 acres located on Federal Road SR 1331 in Elevation Township from Agricultural Residential to Agricultural Residential - Special Use District Commissioner Allen L Mims , Jr seconded the motion which was carried by the following vote Ayes James H Langdon , Jr , Wade M Stewart , Allen L Mims , Jr , W Ray Woodall , Thomas M Moore and Jeffrey P Carver Abstain Cookie Pope The Chairman Re - opened the Rezoning Public Hearing - Case 03 - 8 Case 03 - 8 Petition to rezone approximately 231 acres located on Bizzell - Braswell Road SR 2322 in Pine Level Township from Agricultural - Residential to General Business District - Special Use District Owner and Applicant Lacy Alexander Moore , III Mr Davis indicated the property on the GIS map and noted it is located east of the Pine Level Extraterritorial Jurisdiction There are a number of subdivisions in the area , and the surrounding zoning is AR , General Business , and General Business US 70 Overlay This case is a result of a zoning violation Applicant Lacy Moore stated he currently is operating a tractor repair business on the property , and needs rezoning He noted the business is declining due to the reduced number of farms in operation , and he has now expanded his use of the property to include breeding salt water shrimp for sale The shrimp farming is a bonafide farm use , which does not require rezoning , and if this is successful , he will probably discontinue the tractor repair business in the future ; however until such time , he does need to be rezoned as general business Mr Davis noted the Planning Board recommended approval by unanimous vote The Chairman Recessed the Rezoning Public Hearing - Case 03 - 8 Decision on Rezoning Case 03 - 8PagePage pageNumber6304 May 12 , 2003 Continued Case 03 - 8 Petition to rezone approximately 231 acres located on Bizzell - Braswell Road SR 2322 in Pine Level Township from Agricultural Residential to General Business District - Special Use District Owner and Applicant Lacy Alexander Moore , III Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 03 - 8 for owner and applicant , Lacy Alexander Moore III of approximately 231 acres located on Bizzell - Braswell Road SR 2322 in Pine Level Township from Agricultural Residential to General Business District - Special Use District The Chairman Re - opened the Special Use Permit Hearing - Case 03 - 8 Those wishing to speak on Case 03 - 8 were sworn in by Clerk to the Board CASE 03 - 8 Special Use Permit application for a shop for repairing of tractors and farm equipment on approximately 231 acres located on Bizzell - Braswell Road SR 2322 in Pine Level Township Owner and Applicant Lacy Alexander Moore , III Mr Davis offered the following summary of evidence on Case 03 - 8 A pre - application hearing was held with the applicant on February 20 , 2003 At that time , the applicant was informed of the following S If approved , applicant must provide to the Planning Office a Site Plan for their review and approval S Applicant must comply with the requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing or any additional requirements as approved by this Board S Applicant will be notified in writing of the Board’s decision S 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners S Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within that time period S When necessary , staff informed the applicant of further Planning Office requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements S Subsequent to the pre - application conference , 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 March 18 , 2003 , the Johnston County Planning Board held a public meeting regarding this case They recommended approval of rezoning by a unanimous vote of 7 - 0 to General Business District , Special Use Permit , and recommended a special use permit for a shop for repairing tractors and farm equipment based on the following findings of facts and special conditions 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 VI of the Development Ordinance , and the applicable specific standards contained in section 14 - 257 and with all applicable regulations Note Applicable regulations not in the landuse chapter may include and are not limited to other provisions of this 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 as embodied in the Development Ordinance , the County Strategic Plan , or other development policies as adopted by the Board of Commissioners 5 The use as proposed complies with all required use and intensity regulations of the Johnston County Development Code ; and 6 This business will serve the immediate farming community Special Conditions 1 Tractors and farm equipment waiting to be repaired or picked up will be stored in the designated area in front of the building marked with “ X’s ” on exhibit “ A ” 2 Existing landscape around building not to be removed 3 Specify Days and Hours of Operation Monday through Saturday , 7 00 am - 7 00 pm and Sunday , 7 00 am - 12 00 pm The Chairman Closed the Special Use Permit Hearing - Case 03 - 8PagePage pageNumber7305 May 12 , 2003 Continued Decision on Application for Special Use Permit - Case 03 - 8 Case 03 - 8 Special Use Permit application for a shop for repairing of tractors and farm equipment on approximately 231 acres located on Bizzell - Braswell Road SR 2322 in Pine Level Township Owner and Applicant Lacy Alexander Moore , III Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to owner and applicant , Lacy Alexander Moore , III for a shop for repairing of tractors and farm equipment based on the following findings of fact and special conditions 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 VI of the Development Ordinance , and the applicable specific standards contained in section 14 - 257 and with all applicable regulations Note Applicable regulations not in the landuse chapter may include and are not limited to other provisions of this 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 as embodied in the Development Ordinance , the County Strategic Plan , or other development policies as adopted by the Board of Commissioners 5 The use as proposed complies with all required use and intensity regulations of the Johnston County Development Code ; and 6 This business will serve the immediate farming community Special Conditions 1 Tractors and farm equipment waiting to be repaired or picked up will be stored in the designated area in front of the building marked with “ X’s ” on exhibit “ A ” 2 Existing landscape around building not to be removed 3 Specify Days and Hours of Operation Monday through Saturday , 7 00 am - 7 00 pm and Sunday , 7 00 am - 12 00 pm The Chairman Re - opened the Rezoning Public Hearing - Case 03 - 9 Case 03 - 9 Petition to rezone five parcels totaling approximately 1715 acres located off US 701 South and Devil’s Racetrack Road SR 1009 in Ingrams Township from Interstate Highway Interchange District Overlay District to Agricultural Residential Owners and Applicants Jeanette Allen Massengill , Dianne Massengill Wilkinson , Clifford Bailey Massengill and Robert Craig Massengill Planning Director , Steven Finn , indicated the properties on the GIS map and stated is it currently within the Interstate Highway Overlay District The applicant wishes to have the parcels down - zoned to Agricultural Residential In response to a question from Commissioner W Ray Woodall , Mr Finn stated the reason the applicant is asking for the down - zoning is because of the tax valuation He stated there would probably be additional similar requests being brought to the Board in the next few months Commissioner Woodall asked if any of the tracts qualify for farm deferment Mr Finn replied the parcels were not contiguous and no one parcel is 10 acres , as required by the farm use program Discussion ensued about the possibility that in situations like this , there is a possibility a property owner might wish to revert back to the IHOD zoning in order to market the property at a later date Mr Finn stated , in that case , the request would have to come back to the Board for approval Commissioner Jeffrey P Carver asked if there was some way to go back and recapture taxes in such a situation , similar to the way farm use deferment can be recaptured Attorney Mark Payne responded the County would not have that option PagePage pageNumber8306 May 12 , 2003 Continued Commissioner Allen L Mims , Jr suggested the IHOD is an overlay , and the base zoning is still there He stated , in his opinion , the overlay is not for tax purposes Discussion followed about how the tax appraisers put market value on property in an overlay district Commissioner Wade M Stewart suggested this needs more research before a decision is made He suggested someone needs to talk with the Tax Department to see how this property is treated Commissioner Thomas M Moore agreed and noted whatever is done will affect others The Chairman Recessed the Rezoning Public Hearing - Case 03 - 9 CASE 03 - 9 - Public Hearing Continued Until June 9 , 2003 Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board continued the public hearing on case 03 - 9 until the second Monday in June for better understanding from the Tax Office The Chairman Re - opened the Rezoning Public Hearing - Case 03 - 11 Case 03 - 11 Petition to rezone approximately 287 acres located at 7534 NC Hwy 42 E , Selma , NC in O’Neals Township from Agricultural Residential to Industrial I - Special Use District Owners Raymond Earp and Mary E Moore Applicant Dan Mansell Mr Finn pointed out the property on the GIS map and noted it is located between Hwy 96 and Thanksgiving Road The surrounding zoning is Agricultural Residential Dan Mansell , who lives on NC 42 East , Selma , stated he was acting as agent for the owners of the property He asked the Board to rezone the property for a contractors ’ office and storage yard Originally this business was moved to the site temporarily before moving to a warehouse in Garner ; however , those plans have failed and now he wishes to be rezoned in order to stay at this location He noted the Earps own all the property near this site , and the nearest house is about 400 yards away Mr Finn stated the Planning Board recommended approval by unanimous vote The Chairman Closed the Rezoning Public Hearing - Case 03 - 11 Decision on Rezoning Case 03 - 11 Case 03 - 11 Petition to rezone approximately 287 acres located at 7534 NC Hwy 42 E , Selma , NC in O’Neals Township from Agricultural Residential to Industrial I - Special Use District Owners Raymond Earp and Mary E Moore Applicant Dan Mansell Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Jeffrey P Carver and carried by unanimous vote , the Board approved rezoning case 03 - 11 for owners , Raymond Earp and Mary E Moore and applicant , Dan Mansell of approximately 287 acres located at 7534 NC Hwy 42 East , Selma , NC in O’Neals Township from Agricultural Residential to Industrial I - Special Use District The Chairman Re - opened the Special Use Permit Hearing - Case 03 - 11 Those wishing to speak on Case 03 - 11 were sworn in by Clerk to the Board Case 03 - 11 Special Use Permit application for a contractor’s office and storage yard on approximately 287 acres located at 7534 NC Hwy 42 E , Selma , NC in O’Neals Township Owners Raymond Earp and Mary E Moore Applicant Dan Mansell Mr Finn entered the following summary of evidence into the record A pre - application hearing was held with the applicant on February 20 , 2003 At that time , the applicant was informed of the following S If approved , applicant must provide to the Planning Office a Site Plan for their review and approval S Applicant must comply with the requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing or any additional requirements as approved by this Board S Applicant will be notified in writing of the Board’s decision PagePage pageNumber9307 May 12 , 2003 Continued S 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners S Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within that time period S When necessary , staff informed the applicant of further Planning Office requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements S Subsequent to the pre - application conference , 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 March 18 , 2003 , the Johnston County Planning Board held a public meeting regarding this case They recommended approval by a unanimous vote of 7 - 0 to Industrial 1 , Special Use District , and recommended a special use permit for a Contractor’s office and storage yard based on the following findings of fact and special conditions 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 VI of the Development Ordinance , and the applicable specific standards contained in section 14 - 257 and with all applicable regulations Note Applicable regulations not in the landuse chapter may include and are not limited to other provisions of this 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 as embodied in the Development Ordinance , the County Strategic Plan , or other development policies as adopted by the Board of Commissioners 5 The use as proposed complies with all required use and intensity regulations of the Johnston County Development Code Special Conditions 1 Existing landscape around the zoning parcel not to be removed 2 Days of Operation Monday - Sunday 3 Hours of Operation 24 hours a day for personnel coming and going 6 30 am - 9 30 pm for operation of the business 4 Adhere to all County and State regulations There being no other comments , the Chairman Recessed the Special Use Permit Hearing - Case 03 - 11 Decision on Application for Special Use Permit - Case 03 - 11 Case 03 - 11 Special Use Permit application for a contractor’s office and storage yard on approximately 287 acres located at 7534 NC Hwy 42 E , Selma , NC in O’Neals Township Owners Raymond Earp and Mary E Moore Applicant Dan Mansell Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Jeffrey P Carver and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to owners , Raymond Earp and Mary E Moore and applicant , Dan Mansell for a contractor’s office and storage yard based on the following findings of fact and special 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 VI of the Development Ordinance , and the applicable specific standards contained in section 14 - 257 and with all applicable regulations Note Applicable regulations not in the landuse chapter may include and are not limited to other provisions of this 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 as embodied in the Development Ordinance , the County Strategic Plan , or other development policies as adopted by the Board of Commissioners 5 The use as proposed complies with all required use and intensity regulations of the Johnston County Development Code Page0308 May 12 , 2003 Continued Special Conditions 1 Existing landscape around the zoning parcel not to be removed 2 Days of Operation Monday - Sunday 3 Hours of Operation 24 hours a day for personnel coming and going 6 30 am - 9 30 pm for operation of the business 4 Adhere to all County and State regulations The Chairman Re - opened the Special Use Permit Hearing - Case 03 - 10 Case 03 - 10 Seeking modification of a Special Use Permit on approximately 66 acre located at 4016 NC Hwy 42 , Garner , NC in Cleveland Township Owners William E Johnson and Rebecca C Johnson Applicant Wayne Strickland , Agent Those wishing to speak during the hearing were sworn in by the Clerk Mr Finn stated this is for a modification to an existing special use permit to allow a different business to operate on the site The property is located near Cornwallis Road and I - 40 42 , and the surrounding zoning is Agricultural Residential and Interstate Overlay District He introduced the following summary of evidence into the record He noted the new business would be for pay phone servicing , and the major modification would be for signage Special condition # 5 A pre - application hearing was held with the applicant on February 19 , 2003 At that time , the applicant was informed of the following S If approved , applicant must provide to the Planning Office a Site Plan for their review and approval S Applicant must comply with the requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing or any additional requirements as approved by this Board S Applicant will be notified in writing of the Board’s decision S 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners S Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within that time period S When necessary , staff informed the applicant of further Planning Office requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements S Subsequent to the pre - application conference , 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 March 18 , 2003 , the Johnston County Planning Board held a public meeting regarding this case They recommended by a unanimous vote of 7 - 0 for approval of the modification of the Special Use Permit for a pay phone servicing business based on the following findings of fact and special conditions Findings of Fact 1 The property has been used for commercial purposes for the past three years ; 2 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 ; 3 That the use of development appears to comply with all required use and intensity regulations of Articles II and VI of the Development Ordinance , and the applicable specific standards contained in section 14 - 257 and with all applicable regulations Note Applicable regulations not in the landuse chapter may include and are not limited to other provisions of this Code , other ordinances and resolutions , and state and federal regulations ; 4 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 ; 5 That the use or development conforms with general plans for the physical development of the County’s planning jurisdiction as embodied in the Development Ordinance , the County Strategic Plan , or other development policies as adopted by the Board of Commissioners 6 The use as proposed complies with all required use and intensity regulations of the Johnston County Development Code ; and 7 This business will serve the community Special Conditions 1 No outside storage Business goods are to be stored inside the house or an enclosed storage building 2 No large trucks or equipment Repairs shall take place within one of the existing enclosed buildings 3 Days of Operation Monday - Friday 4 Hours of Operation 9 00 am - 5 00 pm 5 Signage allowed only by the Home Occupation regulations of the Johnston County Development Code which is a face size of three square feet and height no taller than three feet Page1309 May 12 , 2003 Continued The Chairman Closed the Special Use Permit Hearing - Case 03 - 10 Decision on Application for Modification of Special Use Permit - Case 03 - 10 Case 03 - 10 Seeking modification of a Special Use Permit on approximately 66 acre located at 4016 NC Hwy 42 , Garner , NC in Cleveland Township Owners William E Johnson and Rebecca C Johnson Applicant Wayne Strickland , Agent Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved the modification of a special use permit for a pay phone servicing business on approximately 66 acre located at 4016 NC Hwy 42 , Garner , NC in Cleveland Township for owners , William E Johnson and Rebecca C Johnson and applicant , Wayne Strickland , Agent , based on the following findings of fact and special conditions Findings of Fact 1 The property has been used for commercial purposes for the past three years ; 2 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 ; 3 That the use of development appears to comply with all required use and intensity regulations of Articles II and VI of the Development Ordinance , and the applicable specific standards contained in section 14 - 257 and with all applicable regulations Note Applicable regulations not in the landuse chapter may include and are not limited to other provisions of this Code , other ordinances and resolutions , and state and federal regulations ; 4 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 ; 5 That the use or development conforms with general plans for the physical development of the County’s planning jurisdiction as embodied in the Development Ordinance , the County Strategic Plan , or other development policies as adopted by the Board of Commissioners 6 The use as proposed complies with all required use and intensity regulations of the Johnston County Development Code ; and 7 This business will serve the community Special Conditions 1 No outside storage Business goods are to be stored inside the house or an enclosed storage building 2 No large trucks or equipment Repairs shall take place within one of the existing enclosed buildings 3 Days of Operation Monday - Friday 4 Hours of Operation 9 00 am - 5 00 pm 5 Signage allowed only by the Home Occupation regulations of the Johnston County Development Code which is a face size of three square feet and height no taller than three feet 3 Public Hearing - Amendment to County Code of Ordinances - Section 14 - 75 b 7 Advertised - 04 25 and 05 02 in the Smithfield Herald The Chariman opened the public hearing and invited anyone who wished to address the Board on the proposed amendment to the County Code of Ordinances - Section 14 - 75 b 7 , which would address the issue of single - wide mobile home uses Mr Finn noted the proposed amendment would state that single - wide mobile homes could not be used for commercial or non - commercial storage This request is primarily the result of a recent tragedy in which a person burned to death when a mobile home that was supposed to be for storage only , caught fire and burned because a person had moved in and had run extension cords from a nearby residence The County had warned that this mobile home could not be used as a residence ; however , this was disregarded and the tragedy took place The proposed amendment would make it easier to enforce the ordinance In response to a comment from Commissioner W Ray Woodall about the use of converted mobile homes for farm storage , Mr Payne stated farming use would not be included There being no further comments , the Chairman closed the public hearing Page2310 May 12 , 2003 Continued Amendment to County Code of Ordinances Adopted - Section 14 - 75 b 7 Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Jeffrey P Carver and carried by unanimous vote , the Board adopted the following Amendment to the County Code of Ordinances - Section 14 - 75 b 7 as recommended by the Planning Staff Section 14 - 75 subsection b 7 Accessory Buildings or structures , provided such buildings or structures shall not be less than ten feet from any interior property line , and must meet the street setback requirements of subsection d of this section Single - wide mobile homes will not be permitted to be used for storage commercial or non - commercial storage 4 Public Hearing - Amendment to County Code of Ordinances - Section 14 - 226 5 and 6 Advertised - 04 25 and 05 02 in the Smithfield Herald The Chairman opened the public hearing and invited anyone who wished to address the Board on the proposed amendment to the Johnston County Code of Ordinances , Chapter 14 - 226 Mr Finn explained this proposal is the result of study over the past year by a Planning Board subcommittee concerning the impact of traffic and ingress and egress for emergency vehicles in large subdivisions The proposed amendment was recommended unanimously by the Planning Board , and the County’s Transportation Committee , chaired by Commissioner W Ray Woodall , also has voted its support He called on Eddy Davis to give an outline on how this would work Mr Davis explained that unlike other ordinances , this would be the first time development would be treated differently in the eastern portion of the County than in the western segment where growth has been so rampant The amendment would require a traffic impact analysis TIA on any development with 50 lots or more that is located west of Interstate 95 East of Interstate 95 , a TIA would be required on subdivisions with 100 or more lots that are proposed on local roads The lot count would be cumulative as phases are added to a development , with the entire development subject to the study when the count approached the threshold As for second entrances , Mr Davis explained there has been some concern about emergency vehicles getting into a development when the entrance is blocked For subdivisions of 100 to 200 lots , the developer would be required to provide either a second paved entrance , or have and maintain a dedicated “ emergency vehicle access ” constructed of any all - weather surface For any subdivisions with 201 or more lots , a second paved entrance would be required Commissioner Cookie Pope questioned whether the NC Department of Transportation would respond to the needs that are identified She noted it would do no good if DOT does not cooperate Mr Davis responded that DOT has been very supportive of this proposal as it would give them a good tool for planning Mr Finn noted that each division of the NCDOT has to compete for future funds , based on the needs and projected needs of the area This would provide concrete planning information It is believed the amendment would be an excellent tool for the Planning Department , Planning Board and development community as well Commissioner Jeffrey P Carver noted the second entrances are very important He remembered that during a recent hurricane , no one could enter Glen Laurel Subdivision since the entrance was blocked Discussion ensued about how this would impact the development community Commissioner Wade M Stewart asked what would happen if the TIA showed a major impact on the traffic in a area He also asked if the developer would be allowed to proceed , or would the improvements have to come first Commissioner Allen L Mims , Jr noted in this case , the developer and the Department of Transportation should work together and make some plans for needed improvements prior to the entire development being built Developers might have to participate in the improvements It was also pointed out that the average subdivision in Johnston County is only 46 lots , so this would only affect large development Mr Finn noted that DOT would work out an arrangement prior to a release on a driveway permit As for the County , the TIA could be done prior to the subdivision request coming to the Planning Board , or be done as a condition of approval He stressed this is a way to look at development trends and provide flexibility so as not to discourage development He suggested if this had been done five or ten years ago , there wouldn’t be so many traffic problems Page3311 May 12 , 2003 Continued Developer Sonny Johnson questioned why the County should be doing this as it is the responsibility of the NC Department of Transportation to make these decisions He suggested this is just another hoop for the developer to have to go through He stated that all development impacts traffic regardless of the size Commissioner Stewart agreed that all development has an impact He questioned if this would really accomplish anything much since people can develop 30 to 40 lot subdivisions without being affected at all Commissioner W Ray Woodall noted at the Transportation Committee meetings , DOT has expressed frustrations with not being able to plan ahead , and hopefully this will be a good tool for them They also are concerned that there are many roads in the County that are not on the State Maintenance Program because developers have not done their part There being no further discussion , the Chairman closed the public hearing DECISION Commissioner Allen L Mims , Jr moved the Board adopt the amendment to Chapter 14 - 226 5 and 6 of the County Code of Ordinances , as presented Commissioner Jeffrey P Carver seconded the motion Attorney Mark Payne suggested the Board might want to put an effective date on the amendment In discussion it was noted that in order for this to be effective at the July Planning Board meeting , the effective date th of the amendment would be June 20 Following discussion , Commissioner Mims amended his motion to include an effective date of June 20 , 2003 Commissioner Carver approved the amendment and the motion carried by unanimous vote Amendment to County Code of Ordinances - Section 14 - 226 5 and 6 Sec 14 - 226 5 Traffic Impact Analysis TIA - a TIA study will be required when meeting or exceeding the following thresholds For residential subdivisions proposed on any arterial or collector road , as identified in the Johnston County Design Manual and any road West of Interstate 95 50 lots For residential subdivisions proposed on local roads East of Interstate 95 as identified in the Johnston County Design Manual 100 lots For any non - residential subdivisions proposed on any road , generating 1,000 or more average daily trips NOTE This count is cumulative , as a proposed development reaches the threshold , a TIA be required for the entire development As new phases are proposed and once a development has reached the threshold , an additional TIA be conducted for each additional phase Sec 14 - 226 6 - Subdivision Entrances - Second entrances or emergency access easements will be required when meeting or exceeding the following thresholds For subdivisions proposing between 100 and 200 lots , the developer has the option of providing a second paved entrance or a dedicated “ Emergency Vehicle Access ” This access is to be constructed of any all - weather surface and kept cleared at all times in case the main entrance is blocked and emergency vehicles need to get into the development For subdivisions proposing 201 lots or more , a paved second entrance will be required NOTE For determining when a second entrance is required , the count will be cumulative Board Reports and Comments 5 Wilson’s Mill Church of God Exempted for Required Connection to County Sewer Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board agreed to exempt the Wilson’s Mills Church of God from the mandatory connection to County wastewater , and allow them to use a septic system until such time as their usage exceeds 500 gallons per day Page4312 May 12 , 2003 Continued 6 Budget Amendments Approved A Emergency Management Upon a motion by Commissioner Allen L Mims , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved the following budget amendment in the amount of 37,200 for an Emergency Planning Grant through Department of Justice monies for Phase I - Continuity of Operations Plan and Phase II - Update of the Emergency Operations Plan Emergency Management FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 5300 Department of Justice Emergency Planning Grant 37,20000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 530034142 Emergency Management 37,20000 B Health Department Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved the following budget amendment in the amount of 8,148 for an increase in Federal funds for the WIC Program due to an increase in the number of clients who qualify for the program Health Department FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59553300 Departmental Su pplies 2,20000 10 59553200 Office Supplies 90000 10 59554505 Contract Cleaning 1,40000 10 59551110 Postage 80000 10 59550201 Longevity Pay 45000 10 59550300 Salaries Part - Time 1,39800 10 59553310 Lab Supplies 1,00000 TOTAL NET EXPENDITURES 8,14800 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 591034155 Division of Women and Children’s Health WIC 8,14800 7 Approval for Sheriff to Apply for Grant for Training Program for High Schools Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board adopted the following resolution authorizing the Sheriff to apply for a 16,000 grant for training in High Schools on the dangers of drinking and driving NORTH CAROLINA GOVERNOR’S HIGHWAY SAFETY PROGRAM LOCAL GOVERNMENTAL RESOLUTION WHEREAS , the Johnston County Sheriff’s Office herein called the “ Agency ” has completed an application contract entitled Johnston County Safe Roads Plan ; and that Johnston County Board of Commissioners herein called the “ Governing Body ” has thoroughly considered the problem identified and has reviewed the project as described in the contract ; THEREFORE , NOW BE IT RESOLVED BY THE Johnston County Board of Commissioners IN OPEN TH MEETING ASSEMBLED IN THE COUNTY OF JOHNSTON , NORTH CAROLINA THIS THE 12 DAY OF MAY , 2003 AS FOLLOWS 1 That the project referenced above is in the best interest of the Governing Body and the general public ; and 2 That Sheriff Steve Bizzell be authorized to file , on behalf of the Governing Body , an application contract in the form prescribed by the Governor’s Highway Safety Program for federal fundingPage5313 May 12 , 2003 Continued in the amount of 16,000 to be made to the Governing Body to assist in defraying the cost of the project described in the contract application ; and 3 That the Governing Body has formally appropriated the cash contribution of 000 as required by the project contract ; and 4 That the Project Director designated in the application contract shall furnish or make arrangement for other appropriate persons to furnish such information , data , documents and reports as required by the contract , if approved , or as may be required by the Governor’s Highway Safety Program ; and 5 That certified copies of this resolution be included as part of the contract referenced above ; and 6 That this resolution shall take effect immediately upon its adoption There being no further business , Commissioner W Ray Woodall made the motion to adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote ________________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , Clerk to the BoardPage