January 13, 2003 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 187 MEETING OF THE JOHNSTON COUNTY BOARD OF COMMISSIONERS January 13 , 2003 The Johnston County Board of Commissioners met in regular session Monday , January 13 , 2003 , at 7 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina , with the following members present Present James H Langdon , Jr , Chairman , Cookie Pope , Vice Chairman , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , W Ray Woodall , and Jeffrey P Carver 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 welcomed new Commissioner , Jeffrey P Carver , to the Board The following business was transacted Public Comments 1 Citizens Complaint - Property Value Threatened by Manufactured Home on Adjacent Property Elmer Bryans , who lives on Main Street in Wilson’s Mills , complained that a neighbor is planning to place a manufactured home beside his residence , which in his opinion , will devalue his property He referenced NCGS § 160A - 382 which footnotes a court case in which the court upheld an ordinance that classifies mobile homes differently and allows a government to restrict the location of these homes He suggested Johnston County should consider a similar ordinance to prevent this type of thing from happening to others He also questioned the County’s setback requirements and stated the way he understands it , the neighbor can put the structure very close to the front property line In discussion , Commissioner Thomas M Moore asked why the County was looking at this issue since the property is located within the incorporated limits of Wilson’s Mills He stated it was his understanding that the Town was to start doing their own planning and zoning Mr Bryans responded that several years ago , he served on the Wilson’s Mills Planning Board The board members , in an effort to begin providing planning and zoning for the town , drafted ordinances , which were sent to the League of Municipalities for their approval With a few recommended changes , the League gave its approval The ordinances were then presented to the Town Council , who rejected them without comment Commissioner Moore suggested the County address this issue with the Town as soon as possible Following further discussion , the Board asked Planning Director , Steven Finn , to meet with Mr Bryans about his property concerns 2 New Values of Vacant Land Questioned Four Oaks Councilman , Linwood Parker , addressed the Board on the new values placed on open land in the County He noted the values were based on recent sales , which is not always applicable since all property is not for sale He noted , in his opinion , value based on the income approach what the property can produce would have been more equitable He noted the way land is currently valued will be a hardship for many , especially the elderly and widows , and asked the Board to reconsider this matter Commissioner Thomas M Moore pointed out that a schedule of values has been adopted , and it would be virtually impossible to revalue all the land He noted , however , that if a property owner has 10 acres or more in cultivation with income of at least 1,000 , he can apply for farm use value Board members thanked Mr Parker for his comments Following the regular agenda items , the Board discussed Mr Parker’s concerns Staff was asked to see if any reduction in the 10 acre , 1000 income rules for farm use value is possible County Attorney , Mark Payne , stated there are several issues that have come up concerning revaluation In the next few weeks he will be looking at these issues Commissioner Wade M Stewart suggested property owners should consider planting trees as a crop on open land Page188 January 13 , 2003 Continued 3 Public Hearing - Rezoning Cases & Special Use Permit Request Advertised - In The Smithfield Herald - December 31 , 2002 and January 3 , 2003 Certified letters were mailed to adjoining property owners on January 2 , 2003 and notices posted at the locations on December 31 , 2002 The Chairman opened the rezoning public hearing and invited anyone who wished to comment on the following cases Case 606 Petition to rezone approximately three acres located on Elevation Road SR 1308 in Elevation Township from Agricultural Residential to Agricultural Residential - Special Use District Owners and Applicants Ronnie Lee Sorrell and Barbara Lyn Sorrell Steven Finn , Planning Director , indicated the property on the GIS Map and noted that it is located on Elevation Road near Highway 50 The surrounding zoning is predominately agricultural residential with some commercial in the area Merle Hall of Southwind Surveying in Garner spoke on behalf of the owners He noted that Ms Sorrell , who has operated a daycare center for more than 20 years , has relocated and wants to continue her business at the new location Mr Finn stated the Planning Board recommended approval by unanimous vote The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 606 Case 606 Petition to rezone approximately three acres located on Elevation Road SR 1308 in Elevation Township from Agricultural Residential to Agricultural Residential - Special Use District Owners and Applicants Ronnie Lee Sorrell and Barbara Lyn Sorrell Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 606 for owners and applicants , Ronnie Lee Sorrell and Barbara Lyn Sorrell of approximately three acres located on Elevation Road SR 1308 in Elevation Township from Agricultural Residential to Agricultural Residential - Special Use District The Chairman Opened the Special Use Permit Hearing - Case 606 Case 606 Special Use Permit application for a daycare center and residence on approximately three acres located on Elevation Road SR 1308 in Elevation Township Owners and Applicants Ronnie Lee Sorrell and Barbara Lyn Sorrell Those wishing to speak on Case 606 were sworn in by the Clerk to the Board Mr Finn entered into the record the following summary of evidence on Case # 606 and noted the Planning Board unanimously recommended approval with no conditions attached A pre - application hearing was held with the applicant on October 4 , 2002 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 requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners 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 Page189 January 13 , 2003 Continued 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 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 November 19 , 2002 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by a vote of 9 - 0 , approval of rezoning to Agricultural Residential - Special Use District , and recommended a special use permit for a daycare center and residence based on the following findings of fact and 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 the development complies 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 land use 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 ; and 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 daycare facility would provide a needed service to this area of Johnston County 6 The use as proposed complies with all required use and intensity regulations of the Johnston County Development Code Merle Hall of Southwind Surveying noted that Ms Sorrell has loyal clients who have come with her to the new location She is asking for the permit so she can continue to operate her business The Chairman Recessed the Special Use Permit Hearing - Case 606 Decision on Application for Special Use Permit - Case 606 Case 606 Special Use Permit application for a daycare center and residence on approximately three acres located on Elevation Road SR 1308 in Elevation Township Owners and Applicants Ronnie Lee Sorrell and Barbara Lyn Sorrell Based on the following findings of fact , Commissioner W Ray Woodall , moved the Board authorize the Planning Department to issue a special use permit to owners applicants , Ronnie Lee Sorrell and Barbara Lyn Sorrell for a daycare center and residence on approximately three acres located on Elevation Road SR 1308 in Elevation Township Commissioner Cookie Pope 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 by proposing a use that is needed in the community and harmony with adjoining properties ; 2 That the use of the development complies with all required use and intensity regulations of Articles II and VI of this chapter , and the applicable specific standards contained in section 14 - 257 and with all applicable regulations Note Applicable regulations not in the land use 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 ; and 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 child daycare facility would provide a needed service to this area of Johnston County 6 The use as proposed complies with all required use and intensity regulations of the Johnston County Development Code Page190 January 13 , 2003 Continued The Chairman Re - opened the Rezoning Public Hearing Case 608 Petition to rezone approximately 1900 acres located off Old Drugstore Road SR 1524 in Cleveland Township from Agricultural Residential to Interstate Highway District Owners Donald Lee Johnson , Forrest Glenn Johnson , Larry Wayne Johnson and Michael Keith Johnson Applicant Robert O Mitchell Mr Finn indicated the property on the GIS map and noted it is located off Old Drugstore Road near the I 40 interchange Surrounding zoning is Light Industrial , Interstate Highway District Overlay to the north and commercial to the south of property Applicant Robert Mitchell spoke on behalf of the owners , Donald Lee Johnson , Forrest Glenn Johnson , Larry Wayne Johnson and Michael Keith Johnson He stated the property is surrounded by Interstate Highway District Overlay to the north and commercial to the south By itself , the property is landlocked with no access to infrastructure The Johnsons wish to combine their 19 acres with the 81 acres owned by the W D Parker estate A master plan for office , commercial and institutional use has been reviewed by the Planning Staff , and a traffic analysis is being conducted He noted the development would probably take five to seven years to complete In response to a comment from Commissioner Wade M Stewart concerning the problems that could arise by rezoning property IHD that is outside of the original overlay , Mr Finn stated that , in his opinion , each case would need to be considered individually He noted the Planning Board recommended approval of this rezoning by unanimous vote The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 608 Case 608 Petition to rezone approximately 1900 acres located off Old Drugstore Road SR 1524 in Cleveland Township from Agricultural Residential to Interstate Highway District Owners Donald Lee Johnson , Forrest Glenn Johnson , Larry Wayne Johnson and Michael Keith Johnson Applicant Robert O Mitchell Based on the property being surrounded by interstate highway district overlay and commercial with no road frontage , and the fact that it will also work well with Mr Parker’s master plan , Commissioner Allen L Mims , Jr , moved the Board approve rezoning case 608 for owners , Donald Lee Johnson , Forrest Glenn Johnson , Larry Wayne Johnson , Michael Keith Johnson and applicant , Robert O Mitchell , for approximately 19 acres located off Old Drugstore Road in Cleveland Township from Agricultural Residential to Interstate Highway District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman Re - opened the Rezoning Public Hearing Case 610 Petition to rezone approximately 556 acres located at the intersection of NC Highway 50 and NC Highway 42 in Cleveland Township from Agricultural Residential to General Business Owner James L Cresimore & Associates Applicant Jerry H Breedlove Mr Finn indicated the property on the GIS Map and noted that it is located at the intersection of NC Highway 50 and NC Highway 42 near Brack Penny Road The surrounding zoning is agricultural residential , mobile home park district and commercial Mr James L Cresimore was present and offered to answer any questions Mr Finn noted the Planning Board recommended approval by unanimous vote The Chairman Closed the Rezoning Public HearingPagePage pageNumber5191 January 13 , 2003 Continued Decision on Rezoning Case 610 Case 610 Petition to rezone approximately 556 acres located at the intersection of NC Highway 50 and NC Highway 42 in Cleveland Township from Agricultural Residential to General Business Owner James L Cresimore & Associates Applicant Jerry H Breedlove Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Jeffrey P Carver and carried by unanimous vote , the Board approved rezoning case 610 for owner , James L Cresimore & Associates and applicant , Jerry H Breedlove , of approximately 556 acres located at the intersection of NC Highway 50 and NC Highway 42 in Cleveland Township from Agricultural Residential to General Business The Chairman Re - opened the Special Use Permit Hearing Case 611 Petition to modify a Special Use Permit Case 478 for an existing Land Clearing Inert Debris operation Request to eliminate a two - year operation condition on property located at 254 Peele Road in Smithfield Township Owner and Applicant Frank E Howard Those wishing to speak on Case 611 were sworn in by the Clerk to the Board Mr Finn indicated the property on the GIS map and noted that it is located on Peele Road between Rock Pillar and Little Creek Church Roads There are several subdivisions in the area The surrounding zoning is predominately agricultural residential He noted that two years ago Mr Howard was given a special use permit to fill in a ravine on his property with the condition that the operation be completed within two years from the time he received the required permit from the State Mr Howard ’ s SU permit expires at the end of this month , and he has not finished the work He is requesting that the Board eliminate the two - year condition in order for him to complete the project and cover the ravine Attorney Bob Spence spoke on behalf of the owner , Frank Howard He noted the operation has been slower than anticipated After Mr Howard received his state permit , adverse weather conditions delayed him from getting a required buffer in place In addition , his restricted hours of operation have cost him some business since one of the conditions prevents him from opening on weekends The operation is moving along quickly now , however it is only approximately 50 completed and needs to be finished David Underwood , 265 Peele Road , stated it is his understanding that Mr Howard was only delayed six months in getting the operation underway He , therefore , asked the Board to extend the operation only six months He noted the trucks traveling down the road are noisy and dump dirt and limbs along the roadside Since the ice storm , there have been more trucks on the roads , which are already in poor condition He pointed out this is a neighborhood with a large number of kids , and the operation needs to be over as soon as possible Commissioner Jeffrey P Carver asked Mr Underwood if he was notified of the previous meetings Mr Underwood responded he has lived in the neighborhood all of his life , but two years ago when the property was rezoned , he was not a property owner Recently when the Planning Board held its meeting , he was out of town with a sick relative Commissioner Thomas M Moore suggested an extension of no more than two years It was noted the rezoning will revert back to Agricultural Residential as soon as the ravine is filled Commissioner Allen L Mims , Jr asked if there have been any other problems He noted this is a fairly congested area , and it is important that Mr Howard meet all the conditions that were originally included in the permit Mr Underwood noted there have been gunshots coming from the property on the weekends Frank Howard stated there has been some skeet shooting on the property , but not in the area that is rezoned He stated he has no intention of doing anything to hurt the neighborhood , and pointed out he plans to plant grass once the ravine is filled and build a home there Mr Finn then entered the following summary of evidence on this case into the record PagePage pageNumber6192 January 13 , 2003 Continued A pre - application hearing was held with the applicant seeking the modification of the special use permit on October 21 , 2002 At that time , the applicant was informed of the following 1 Applicants will be notified in writing of the Board’s decision 2 If denied , no application can be accepted for the same modification 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 3 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 4 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 November 19 , 2002 , the Johnston County Planning Board held a public meeting regarding this case and made the following recommendations The Planning Board recommended approval by a vote of 8 - 1 to an extension of the existing Land Clearing Inert Debris operation of only two years to allow the owner time to smooth the ravine over based on findings of fact and subject to the following condition Findings of fact 1 That the modification of the special use permit would be consistent with the Johnston County Ordinance and relevant regulations 2 That the modification would not negatively affect the public health , safety and general welfare 3 That the additional two - year extension of the Land Clearing Inert Debris operation would provide a needed service to this area of Johnston County Special Condition 1 Modification of condition # seven on the special use permit recorded in Book 1953 , Page 823 in the Johnston County Register of Deeds office , which states “ maximum limits of two years of operation after Mr Howard obtains State permit , ” to allow an extension of two additional years to allow the owner time to smooth over the ravine The Chairman Recessed Special Use Permit Hearing - Case 611 Decision on Application for Modification of Special Use Permit Case 611 Petition to modify a Special Use Permit Case 478 for an existing Land Clearing Inert Debris operation Request to eliminate a two - year operation condition on property located at 254 Peele Road in Smithfield Township Owner and Applicant Frank E Howard Based on the following findings of fact and with the attached condition , Commissioner Cookie Pope , moved the Board authorize the Planning Department to modify a special use permit for owner and applicant , Frank E Howard for an existing Land Clearing Inert Debris operation that will allow him an extension of two additional years to complete and smooth over the ravine Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote Findings of fact 1 That the modification of the special use permit would be consistent with the Johnston County Ordinance and relevant regulations 2 That the modification would not negatively affect the public health , safety and general welfare 3 That the additional two - year extension of the Land Clearing Inert Debris operation would provide a needed service to this area of Johnston County Special Condition 1 Modification of condition # seven on the special use permit recorded in Book 1953 , Page 823 in the Johnston County Register of Deeds office , which states “ maximum limit of two years of operation after Mr Howard obtains State permit , ” to allow an extension of two additional years to allow the owner time to smooth over the ravine Board Reports and Comments 4 Chairman’s Board Appointments The Chairman appointed Board members to represent the County Commissioners on the following boards , committees and authorities PagePage pageNumber7193 Hospital Board of Trustees and Firemen’s Association - Chairman J H Langdon Health Board and Community College Board - Commissioner Cookie Pope Triangle J COG , Area Mental Health Board , Council on Aging - Commissioner Thomas M Moore Social Services Board and Emergency Services Advisory Committee - Commissioner Wade M Stewart Planning Board - Commissioner Allen L Mims , Jr Transportation Committee , RPO Committee , Library Board and Tobacco Life Museum - Commissioner W Ray Woodall Juvenile Justice Crime Prevention Council and Heritage Commission - Commissioner Jeff Carver 5 Wastewater Workshop and Retreat Discussed The Board agreed to hold a one - half day workshop to discuss wastewater issues during the month of February , and a retreat to look at all other issues sometime in March 6 Building Permit Fee Structure Commissioner Wade M Stewart informed the Board he recently started making plans to build another lumber shelter on his business property and was disturbed at the fees the County is charging for building permits He noted he was also required to have a land use permit from the Town of Smithfield since his property is located within the city limits , and along with the other preliminary requirements such as surveys and site plans , the overall cost was expensive He suggested that Government is discouraging development with the high fees , especially when a person is expanding an existing business at an existing site He noted , in his opinion , the Board needs to look more closely at the fairness in the fee structure Commissioner Thomas M Moore agreed , but noted the alternative to user fees would be an increase in property taxes , which would put the burden on all taxpayers 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