July 8, 2002 - 6:00 PM - County Board of Commissioners Meeting Minutes (Special)

10 11 July 8 , 2002 Special Session - 6 30 pm The Johnston County Board of Commissioners met in special session , Monday , July 8 , 2002 at 6 30 pm in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina with the following members Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , W Ray Woodall and Fred Smith Absent None Also Present Rick Hester , County Manager , Joyce H Ennis , Clerk to the Board , John R Massey , Finance Officer , and J Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted 1 Public Hearing on Possible One Half Cent Sales Tax Proposal Advertised June 28 , 2002 in The Smithfield Herald The Chairman opened the public hearing and invited anyone who wished to address the Board on the possibility of an additional one - half cent sales tax to offset the loss of anticipated revenue from reimbursements and withholdings by the State He noted the authority for this would have to come from the NC General Assembly , and there is no clear indication when or even if this will happen Bill Jordan , Mayor of Smithfield , presented a resolution from his Board endorsing the one - half cent sales tax Mayor Don Johnson of Benson , representing his Board , also endorsed the additional sales tax Both mayors pointed out the critical financial situation the municipalities are in due to the loss of anticipated revenue The County Manager noted he has received several letters from other municipalities concerning this matter Only the Town of Four Oaks opposed the sales tax increase The Town of Princeton stated they would prefer reimbursements be reinstated , however in lieu of that happening , they would support the additional tax Commissioner Allen L Mims , Jr thanked the towns for coming forward and sharing their needs , and commended the commissioners of Four Oaks for being in a position where they do not need the additional revenue He noted he was not prepared to vote on the issue at this time , however , he would look favorably at the additional sales tax if the County is given the opportunity by the legislators He pointed out this would be a tax that everyone pays Commissioner Fred Smith suggested the question is hypothetical at this time and recommended the Board wait to address this issue until the opportunity is clearly presented to them by the NC General Assembly There being no further comments , the Chairman closed the public hearing Regular Scheduled Meeting 7 00 pm The Johnston County Board of Commissioners met in regular session , Monday , July 8 , 2002 at 7 00 pm in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina with the following members Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , W Ray Woodall and Fred Smith Absent None Also Present Rick Hester , County Manager , Joyce H Ennis , Clerk to the Board , and J Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted Page12 Public Comments 1 Citizen’s Request to Replace Hurricane Damaged Singlewide Mobile Home on Lot Lindsey Toole , who lives in the Brogden Community , stated that for many years , he had a singlewide mobile home on a 895 acre tract of land he owns The mobile home was destroyed by Hurricane Fran , and since there were problems with the well on the property , he decided not to replace it until the anticipated public water system was built Now that water is available , he has cleaned the lot and was prepared to rent the space for another singlewide mobile home The new Development Ordinance does not permit singlewides on lots less than one acre He asked the Board to allow him to put a singlewide mobile home back on this property The Board asked the Planning Director and County Attorney to work with Mr Toole and suggested this might be a case for the Board of Adjustments 2 Complaint - Manufactured Home Inspection Fee Jimmy Starling of Pine Level asked the Board to reconsider the new inspection fee of 600 on manufactured homes He stated , in his opinion , the increase is unfair since the inspection fees for stick built homes did not go up proportionately He pointed out that manufactured homes undergo several inspections in the factory Commissioner Allen L Mims , Jr asked Chief Building Inspector , C P Thompson , to respond Mr Thompson agreed that stick built homes do require more inspections , however , the overall inspection fees for most stick built homes are higher than for a manufactured home of the same size He explained there is an additional cost per square foot for stick built structures over 1200 sq ft Following discussion , the Board agreed to take his request under advisement 3 Public Hearing - 7 00 pm - Rezoning Cases and Special Use Permits Advertised - In the Smithfield Herald - June 21 and June 28 , 2002 Certified letters were mailed to adjoining property owners on June 27 , 2002 and notices posted at the locations on June 25 , 2002 The Chairman opened the rezoning public hearing and invited interested persons to make comments on the following cases Case 586 Petition to rezone approximately two acres located on Technology Drive in Cleveland Township from Interstate Highway District to Interstate Highway District - Special Use District Owners Granville Tilghman and Dianne Tilghman Applicant James Grant Dave Roesler , assistant planning director , indicated the property on the GIS map and noted it is located on Technology Drive near I - 40 and Hwy 42 Surrounding zoning is Interstate Interchange , General Business and Industrial I & II Laura Stephenson , who lives on Cleveland Road near the site , stated the outdoor music from the establishment over the past two years is played so loud and so late it is disturbing her family life She asked the owner to turn the volume down , but was told the business had a permit and could play their music as long and as loud as they pleased She stated she called Chairman James H Langdon , Jr and learned the restaurant did not have a permit and was told the Sheriff’s Office enforces the County’s noise ordinance If the Board decides to approve the request , she asked that a time restriction of 8 00 pm be placed on outdoor music The following persons , who also live in the neighborhood , opposed the rezoning and voiced similar complaints about the volume of the music and the hours of operation Mike Budzynski and Zindall Seagroves Mr Seagroves referenced an incident when he called the Sheriff’s Department because the restaurant played music until approximately 2 am in the morning LeaAnn Phillips , one of the operators of the restaurant , agreed there have been some times when the music was loud and played late , but pointed out her business is on an Interstate Highway and feels an operation like hers is suitable at that location The Planning Board recommended approval for outside concerts on Friday or Saturday night , once a month , from May through September She asked the BoardPage13 to consider approving a permit that would allow her to operate the outside concert from 7 00 pm until 11 00 pm and have it twice a month from May through September In response to comments from the Board , Planning Director Steven Finn and Attorney Mark Payne explained the applicant was asked to request a special use permit since this type of operation is not specifically covered in the zoning ordinance and therefore not a permitted use under any zoning designation If this was only an annual or semi - annual event , the applicant could have probably applied for a special event permit ; however , this would be on a more regular basis Commissioner Fred Smith asked about the noise ordinance and whether that would be applicable in this case Mr Payne explained the ordinance mainly refers to loud noise after 11 00 pm , but it does also address any excessive noise Ms Phillips stated she initially did ask about a permit , but was told the County did not have a permit for outdoor concerts After she was cited and went to court , she spoke with the Planning Department and began this procedure for a special use permit She agreed she would abide by whatever the Board says Mr Roesler stated the Planning Board recommended approval by a vote of 5 to 2 The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 586 Case 586 Petition to rezone approximately two acres located on Technology Drive in Cleveland Township from Interstate Highway District to Interstate Highway District - Special Use District Owners Granville Tilghman and Dianne Tilghman Applicant James Grant Commissioner Cookie Pope moved the Board approve rezoning case 586 for owners , Granville Tilghman and Diane Tilghman and applicant , James Grant of approximately two acres located on Technology Drive in Cleveland Township from Interstate Highway District to Interstate Highway District - Special Use District Commissioner Wade M Stewart seconded the motion which carried by the following vote Ayes James H Langdon , Jr , Cookie Pope , Thomas M Moore , Fred Smith , W Ray Woodall and Wade M Stewart Nays Allen L Mims , Jr The Chairman Opened the Special Use Permit Hearing - Case 586 Case 586 Special use permit application for live music , outdoors on approximately two acres located on Technology Drive in Cleveland Township Owners Granville Tilghman and Diane Tilghman Applicant James Grant Those wishing to speak on Case 586 were sworn in by the Clerk to the Board Mr Roesler responded to comments made earlier concerning parking on the public road and whether a change in ownership would impact a special use permit He noted the Department of Transportation has the option to post any state road with no parking signs if they so choose , and all zoning is binding on the land He introduced the following summary of evidence on Case 586 A pre - application hearing was held with the applicant on February 28 , 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 Page14 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 May 21 , 2002 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by a vote of 7 - 0 , approval of rezoning to Interstate Highway District - Special Use District , and recommended a special use permit based on the following findings of fact with the following conditions attached Findings of fact 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare by proposing a use that is needed in the community and in 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 Development Ordinance may include and are not limited to other provisions of the Development Ordinance , 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 Specifically , the applicant has submitted materials that provide a plan of operation that addresses issues regarding the aspects of conducting the proposed outdoor music functions at the Club House Restaurant location ; 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 Specifically , the use proposed will meet the County’s goal of fostering a diversity of new commercial development and provide a cultural and recreational opportunity for citizens of the county Special Conditions Recommended by the Planning Board 1 Day and time of outdoor music operation event Friday or Saturday evenings from 6 30 pm to 10 30 pm 2 No more than one time a month in the months of May - September 3 An annual review will be conducted by Staff and if Staff is uncomfortable with the outcome , a report will be made to the Board of Commissioners 4 Any trash or debris on the site and contracted areas used for parking shall be removed by Clubhouse personnel prior to 8 00 am the following morning 5 Security to be provided by a certified North Carolina Special Police Agency 6 That all alcohol sales be in compliance with the Clubhouses ’ current permit issued by the ABC Commission and with all regulations and state laws governing alcoholic sales and consumption 7 That the applicant provide to the Planning Department a yearly Certificate of Liability Insurance by an insurance company licensed to do business in North Carolina 8 That prior to the issuance of a Land Use Permit , the applicant provide the Planning Department with documentation of sufficient off - street parking arrangements and if it changes , notify Staff Commissioner Wade M Stewart asked if it was customary to require security Staff responded that the level of intensity in this type of gathering makes it important for there to be security to control the crowd Commissioner Stewart pointed out there will most likely be similar requests in the future and suggested there should be some procedure in place Staff agreed to look into this There being no further comments , the Chairman Recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 586 Case 586 Special use permit application for live music , outdoors on approximately two acres located on Technology Drive in Cleveland Township Owners Granville Tilghman and Diane Tilghman Applicant James Grant Commissioner Cookie Pope moved the Board approve the special use permit application for owners , Granville Tilghman and Diane Tilghman and applicant , James Grant based on findings of fact and conditions of the Planning Board and change conditions to say Friday or Saturday from 7 00 pm to 11 00 pm and no more than twice a month from May through September The motion failed due to the lack of a second PagePage pageNumber515 Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous the Board authorized the Planning Department to issue a special use permit to owners , Granville Tilghman and Diane Tilghman and applicant , James Grant for live music , outdoors on approximately two acres located on Technology Drive in Cleveland Township based on the following findings of fact and subject to the following 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 by proposing a use that is needed in the community and in 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 Development Ordinance may include and are not limited to other provisions of the Development Ordinance , 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 Specifically , the applicant has submitted materials that provide a plan of operation that addresses issues regarding the aspects of conducting the proposed outdoor music functions at the Club House Restaurant location ; 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 Specifically , the use proposed will meet the County’s goal of fostering a diversity of new commercial development and provide a cultural and recreational opportunity for citizens of the county Special Conditions 1 Day and time of outdoor music operation event Friday or Saturday evenings from 6 30 pm to 10 30 pm 2 No more than one time a month in the months of May through September 3 An annual review will be conducted by Staff and if Staff is uncomfortable with the outcome , a report will be made to the Board of Commissioners 4 Any trash or debris on the site and contracted areas used for parking shall be removed by Clubhouse personnel prior to 8 00 am the following morning 5 Security to be provided by a certified North Carolina Special Police Agency 6 That all alcohol sales be in compliance with the Clubhouses ’ current permit issued by the ABC Commission and with all regulations and state laws governing alcoholic sales and consumption 7 That the applicant provide to the Planning Department a yearly Certificate of Liability Insurance by an insurance company licensed to do business in North Carolina 8 That prior to the issuance of a Land Use Permit , the applicant provide the Planning Department with documentation of sufficient off - street parking arrangements and if it changes , notify Staff The Chairman Re - opened the Rezoning Public Hearing - Case 587 Case 587 Petition to rezone approximately 71 acre located on US 701 South in Ingrams Township from Agricultural Residential to Community Business Owner and Applicant J Keith Johnson Mr Roesler indicated the property on the GIS Map and noted it is located on US 701 South near I - 95 The surrounding zoning is Agricultural Residential and Commercial with small subdivisions in the area This has been a non - conforming use as a paint storage operation since prior to countywide zoning Mr Johnson wishes to reopen a business on the site at this time Keith Johnson , Rosewood Drive , Smithfield stated the property has belonged to his family for more than 20 years and was at one time used for storage of manufactured masonry paint Over the years the property was not maintained and the building and grounds deteriorated When he recently decided to fix the place up and get a tenant , he found out it was not properly zoned Since the Planning Board meeting at which a neighbor complained about the state of the property , he has talked with the neighbors and cleaned everything up He asked the Board to approve the rezoning PagePage pageNumber616 Mr Roesler noted he has visited the property and it has been cleaned up Originally Mr Johnson asked for commercial zoning , however , the permitted uses were considered too extensive The Planning Board recommended approval to community business by unanimous vote There being no further comments , the Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 587 Case 587 Petition to rezone approximately 71 acre located on US 701 South in Ingrams Township from Agricultural Residential to Community Business Owner Applicant J Keith Johnson Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 587 for owner and applicant , J Keith Johnson of approximately 71 acre located on US 701 South in Ingrams Township from Agricultural Residential to Community Business The Chairman Re - opened the Rezoning Public Hearing - Case - 590 Case 590 Petition to rezone approximately three acres located on NC 96 South in Ingrams Township from Agricultural Residential to Industrial 1 - Special Use District Owners and Applicants James Eldridge Godwin & John Everett Dodd Mr Roesler indicated the property on the GIS Map and noted it is located on NC 96 near the Strickland’s Crossroads Road intersection Surrounding zoning is Agricultural Residential with some Community Business and General Business Owner James Godwin of Meadowbrook Road , Benson , stated he wishes to operate a contractor’s shop , lube & tire service , office space and storage of both farm and construction business materials on the site He noted he originally planned to put a farm building on the site , but later decided to house his construction business there also Bobby Capps , adjacent property owner , voiced two concerns 1 runoff of water onto his property and 2 traffic safety on this section of Hwy 96 He noted in clearing the land , water has already come onto his property , and this will only get worse if a ditch is not dug to divert the runoff Mr Roesler explained if the petition is approved , Mr Godwin will have to have a stormwater management plan In addition , now that he has cleared the land , he will be monitored by the state for erosion control issues The Planning Board recommended approval by a vote of 7 - 0 The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 590 Case 590 Petition to rezone approximately three acres located on NC 96 South in Ingrams Township from Agricultural Residential to Industrial 1 - Special Use District Owners and Applicants James Eldridge Godwin & John Everett Dodd Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 590 for owners and applicants , James Eldridge Godwin and John Everett Dodd of approximately three acres located on NC 96 South in Ingrams Township from Agricultural Residential to Industrial I - Special Use District The Chairman Re - opened the Special Use Permit Hearing for Case 590 Case 590 Special use permit application for a contractor’s office , shop , lube & tire service , employees ’ meeting place , storage of equipment , storage of business goods for grading utility and concrete company on approximately three acres located on NC 96 South in Ingrams Township Owners and Applicants James Eldridge Godwin and John Everett Dodd Those wishing to speak on Case 590 were sworn in by the Clerk to the Board PagePage pageNumber717 Mr Roesler presented the following summary of evidence on Case # 590 A pre - application hearing was held with the applicant on April 16 , 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 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 May 21 , 2002 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by a vote of 7 - 0 , approval of rezoning to Industrial 1 - Special Use District , and recommended a special use permit based on the following findings of fact and 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 by providing a needed commercial service to the neighborhood ; 2 That the use of 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 landuse chapter may include and are not limited to other provisions of the Development Ordinance , other ordinances and resolutions , and state and federal regulations ; Specifically , the County’s Land Use Permit process provides for a final site plan to be approved prior to any activity taking place on the property The conceptual site plan demonstrates consistency with the Johnston County Development Ordinance and County Design Manual Standards met include , but are not limited to access and circulation , parking design standards , stormwater management , and landscaping These performance standards help to assure harmony between the proposed use of property and its immediate surroundings 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 ; specifically , incorporation of special conditions listed below would assure consistency with the Johnston County Development Ordinance and Design Manual ; 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 Special Conditions Recommended By The Planning Board 1 A Class C Landscape area is required along all property lines The Class C Landscape area requires a minimum of 30 feet in width 2 The office building will have to be relocated northward to meet landscape area setback requirements from the 60 foot access easement 3 There almost exists along NC 96 a natural earth berm The applicant is encouraged to develop a grading plan that would result in the base floor building elevations being at or about elevation 98 , thus creating a earth berm that would greatly buffer the uses from NC 96 4 If the recent site clearing has been conducted to the property line , vegetation would have to be added to meet all or some of the landscape area standards Any existing vegetation on the subject property can be used to meet all or some of the landscape area requirements depending on the type and amount of vegetation 5 The proposed 60 easement would have to be recorded prior to the issuance of a Land Use Permit PagePage pageNumber818 There being no further comments , the Chairman Recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 590 Case 590 Special use permit application for a contractor’s office , shop , lube & tire service , employees ’ meeting place , storage of equipment , storage of business goods for grading utility and concrete company on approximately three acres located on NC 96 South in Ingrams Township Owners and Applicants James Eldridge Godwin and John Everett Dodd Upon a motion by Commissioner Thomas M Moore , 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 , James Eldridge Godwin and John Everett Dodd for a contractor’s office , shop , lube and tire service , employees ’ meeting place , storage of equipment , storage of business goods for grading utility and concrete company based on the following findings of fact and subject to the following 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 by providing a needed commercial service to the neighborhood ; 2 That the use of 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 landuse chapter may include and are not limited to other provisions of the Development Ordinance , other ordinances and resolutions , and state and federal regulations ; Specifically , the County’s Land Use Permit process provides for a final site plan to be approved prior to any activity taking place on the property The conceptual site plan demonstrates consistency with the Johnston County Development Ordinance and County Design Manual Standards met include , but are not limited to access and circulation , parking design standards , stormwater management , and landscaping These performance standards help to assure harmony between the proposed use of property and its immediate surroundings 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 ; specifically , incorporation of special conditions listed below would assure consistency with the Johnston County Development Ordinance and Design Manual ; 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 Special Conditions of Approval 1 A Class C Landscape area is required along all property lines The Class C Landscape area requires a minimum of 30 feet in width 2 The office building will have to be relocated northward to meet landscape area setback requirements from the 60 foot access easement 3 There almost exists along NC 96 a natural earth berm The applicant is encouraged to develop a grading plan that would result in the base floor building elevations being at or about elevation 98 , thus creating a earth berm that would greatly buffer the uses from NC 96 4 If the recent site clearing has been conducted to the property line , vegetation would have to be added to meet County landscape area standards Any existing vegetation on the subject property can be used to meet all or some of the landscape area requirements depending on the type and amount of vegetation 5 The proposed 60 easement would have to be recorded prior to the issuance of a Land Use Permit The Chairman Re - Opened the Rezoning Public Hearing - Case 592 Case 592 Petition to rezone approximately 4475 acres located on Jack Road SR 1557 in Clayton Township from Mobile Home Park District to Agricultural Residential Owner R Ransom Massengill , c o Robert Massengill Mr Roesler indicated the property on the GIS Map and noted it is located on Jack Road near Lee Road in Clayton Township There are several subdivisions located in the area The surrounding zoning is mostly Agricultural Residential with a few Community Business zonings The Planning Board recommended approval by a vote of 7 - 0 PagePage pageNumber919 There being no further comments , the Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 592 Case 592 Petition to rezone approximately 4475 acres located on Jack Road SR 1557 in Clayton Township from Mobile Home Park District to Agricultural Residential Owner R Ransom Massengill , c o Robert Massengill Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved rezoning case 592 for owner , R Ransom Massengill of approximately 4475 acres located on Jack Road SR 1557 in Clayton Township from Mobile Home Park District to Agricultural Residential Modification of Special Use Permit - Case 396 The Chairman Reopened the Special Use Permit Hearing Those wishing to speak on Case 396 were sworn in by the Clerk to Board Case 396 Seeking a modification of a special use permit to allow more vehicles on approximately 985 acre located on Stephenson Road in Elevation Township Owner Sarah Muriel B Benson Applicant Kenneth E Koonce , Jr Mr Roesler explained the special use permit approved for an auto body shop limited the number of vehicles to no more than 15 on the site The new occupant wishes to have this restriction removed from the permit He offered the following summary of evidence into the record A pre - application hearing was held with the applicant on April 24 , 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 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 May 21 , 2002 the Johnston County Planning Board held a public meeting regarding this case They recommended , by a vote of 7 - 0 , approval of the modification of the General Business - Special Use District , and recommended a special use permit based on the following findings of fact and 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 by providing a needed commercial service for the immediate neighborhood ; 2 That the use of 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 this chapter may include and are not limited to other provisions of the Development Ordinance , 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 ; Specifically , the County’s Land Use Permit process provides for a final site plan to be approved prior to any activity taking place on the property The site plan demonstrates consistency with the Johnston County Development Ordinance and County Design Manual Standards met include , butPage020 are not limited to access and circulation , parking design standards , stormwater management , and landscaping These performance standards help to assure harmony between the proposed use of the property and its immediate surroundings ; 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 Specifically , incorporation of the special conditions listed below would provide harmony with surrounding areas and consistency with the Johnston County Development Ordinance and Design Manual Special Conditions 1 That a Class C buffer be installed along all property lines prior to the issuance of a Certificate of Compliance and Occupancy 2 All vehicles including employees be placed behind the fence with the exception of customers 3 There will be no display of vehicles for sale Applicant Kenneth Koonce asked why his employees would have to park inside the fenced area He noted he has no problem with the damaged cars being behind the fence , but thinks the employees should be allowed to park to the right of the building Mr Roesler stated the Planning Board felt it would be more in harmony to have fewer cars parked in the front of the building Staff has had some phone calls and a letter questioning whether there would be any salvage vehicles and voicing concerns about the appearance Mr Koonce stated any vehicle that is a total loss will be removed within 72 hours , and if it was part of a fatal accident , it would be removed within 24 hours He noted all vehicles that need any repair would be behind the fence He again asked that he and his 5 or 6 employees be allowed to park outside the fenced area In response to a question , he noted the business will be open from 7 30 am until 6 00 pm , but he and maybe one employee might be working until 11 00 pm There being no further comments , the Chairman closed the Special Use Permit Hearing Decision on Application For Modification of Special Use Permit - Case 396 Case 396 Seeking a modification of a special use permit to allow more vehicles on approximately 985 acre located on Stephenson Road in Elevation Township Owner Sarah Muriel B Benson Applicant Kenneth E Koonce , Jr Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board authorized the Planning Department to issue the modification of the special use permit to allow more vehicles on approximately 985 acre located on Stephenson Road in Elevation Township for owner , Sarah Muriel B Benson and applicant , Kenneth E Koonce , Jr based on the following findings of fact and subject to the following 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 by providing a needed commercial service for the immediate neighborhood ; 2 That the use of 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 this chapter may include and are not limited to other provisions of the Development Ordinance , 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 ; Specifically , the County’s Land Use Permit process provides for a final site plan to be approved prior to any activity taking place on the property The site plan demonstrates consistency with the Johnston County Development Ordinance and County Design Manual Standards met include , but are not limited to access and circulation , parking design standards , stormwater management , and landscaping These performance standards help to assure harmony between the proposed use of the property and its immediate surroundings ; 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 Specifically , incorporation of the special conditions listed below would provide harmony with surrounding areas and consistency with the Johnston County Development Ordinance and Design Manual Page121 Special Conditions 1 That a Class C buffer be installed along all property lines prior to the issuance of a Certificate of Compliance and Occupancy 2 All vehicles must be placed behind the fence with the exception of vehicles including trucks of employees and customers 3 There will be no display of vehicles for sale 4 Proposal for Policy on Commercial Development Boundaries at I - 40 42 The Board discussed a recommendation by the Planning Board to consider a policy that would establish commercial boundaries adjacent to the existing Interstate Highway boundaries at I - 40 NC42 This would be a policy only and each parcel would have to be presented for rezoning on its own merit Following discussion , the Board indicated they would need more time to think about this and agreed to consider it further at a later meeting 5 Schools - Property on Galilee Road Kay Carroll , chairman of the Johnston County Board of Education , stated he asked to be put on tonight’s agenda to provide more information about why the School Board feels the Galilee Road site for the new Smithfield Area Elementary School would be preferable to a site on NC 210 that is currently owned by the County He presented an information packet supporting the School Board’s selection and outlined the process that was followed by the site selection committee He read a letter from the NC Department of Transportation stating traffic concerns with the NC 210 property and supporting the Galilee Road site Mr Carroll offered an appraisal of the site and showed a map of the district indicating the projected attendance areas for 2003 - 2004 He noted the NC 210 site would be outside the boundaries of the area looked at in the siting process He recommended strongly that the Galilee Road Site be approved Commissioner Wade M Stewart pointed out that considering the tight financial concerns at this time , the fact that land in the general area is available at no cost becomes a real factor He stated he has heard the reports that schools don’t need to be built at the landfill , but pointed out in reality , the proposed site would be 4000 feet from the landfill The County has 1100 acres in that area , and there are things , in his opinion , that could be done to make the proposed site safe for a school The Board postponed a decision st on this matter at their July 1 meeting , and in his opinion , they need more than one week to consider this request Mr Carroll stated the School Board has been charged with siting and building schools They have been working on a site for this school for six months and need the Board to go ahead and decide whether this is a fair price or not He suggested it is not the responsibility of the Board of Commissioners to find a school site , regardless of whether it is free or not Commissioner Thomas M Moore pointed out other county schools have been sited where there were safety concerns , especially West Johnston where the site clearance is limited , and the schools on NC 1010 Ray deBruhl who headed the site selection committee responded to the overriding factors in siting West Johnston and the two schools on NC 1010 He noted in siting a school , he used a computer model that looks at the planning data and comes up with a mathematical calculation that determines the ideal site The Galilee Road site is within a few miles of the calculated ideal location and is considered to be suitable for this school The Department of Transportation visited the site and added their approval He suggested that Hwy 210 will become a commercial corridor in the future and would , in his opinion , present a traffic safety problem Several people in the audience asked to speak on this matter nd Lee Jackson who lives on North 2 Street in Smithfield thanked the Board for their diligence in making sure the County’s tax dollars are spent wisely , but suggested the School Board has experts for siting schools He stressed that cheaper is not necessarily better He asked the Commissioners to listen to the School Board on this issue and noted the County citizens adopted a bond issue that included money for this site Dave Neville of Parker Street , Smithfield , concurred and stated , in his opinion , Interstate 40 Hwy 210 will become the next big growth area He suggested it is hard to sell a school at a landfill Page222 Commissioner Allen L Mims , Jr pointed out the site is almost a mile from the landfill Ruth High , Britt Street , Smithfield , who taught science in the school system for many years , questioned the wisdom of having a school close to a landfill site She noted landfills can create environmental problems and the County has no way of knowing what will happen on that site in the future She asked the Board to approve the Galilee Road site rd Andy Moore who lives on South 3 street in Smithfield , voiced his opposition to the landfill site He noted , in his opinion , choosing the site on Galilee Road is a small price to pay for the betterment of our children Rebecca Mast Riley , Riverside Drive , Smithfield , stated in her opinion , Smithfield schools have been ignored lately To site the new school near a landfill will give a negative impact , and schools play a big part in the growth of a community Mike Fleming , Lakeside Drive , Smithfield , thanked the Board for listening to the concerns of the citizens He noted in the real estate business , the focus is on location He stated he was on the site selection committee for the new YMCA , and even though they were offered free land in several areas , they relied on experts and chose what the committee believed was the best central location He asked the Board to make the best decision for the children Max Garner , First Street , Smithfield , voiced his support for both boards He suggested consideration should be given to the other land if it is cheaper He stated he would support the Board of Commissioners in whatever they decided on the matter He pointed out if there are problems with the landfill , the Galilee Road property is also close , just across the road Commissioner W Ray Woodall stated he has heard two issues discussed at this meeting the landfill and the bonds He suggested if the County is not fiscally smart , there might not be any more bonds The money for the school site is not just 450,000 , but will be around 1,250,000 over the length of the pay back on the bonds If our fund balance starts falling then the Board could raise property taxes , but already we are losing industry because of our property tax rate He noted the County must find more effective ways He also pointed out that if the landfill is not a good option , then Galilee Road is not a good site either since there is very little distance between the two Commissioner Fred Smith reported he just learned that when the final year - end figures came in , total revenue for the last fiscal year was approximately 15 million less than anticipated This brings the shortfall to 31 million We will end the year at 168 million , and when we take 64 million to balance the budget , we will be down to 204 million in fund balance This is less than the 20 the bonding agencies want us to keep in order to maintain our bond rates Mr Carroll reported that School Attorney , Jimmy Lawrence , has instructed him to ask the Board of Commissioners to either approve the request or deny it The new school is scheduled to open in August of next year and the School Board must move forward on this project Commissioner Allen L Mims , Jr responded that the Commissioners asked for a month to consider this request The School Board gave only one week and then presented material at this meeting that no one has had time to study He voiced concerns about the appraisal and noted the location for the comparable property is not given Commissioner Moore agreed and asked how the Board can determine if the price is reasonable without a reliable appraisal Commissioner Fred Smith suggested the Board take a ten minute recess Following the break , Commissioner Smith stated his biggest concern about this is the lack of discussion between the two boards , the lack of trying to find options to take care of the people’s money better He stated he found it frustrating that these issues are always confrontational without planning or discussion Mere suggestions are picked up as an effort to ram something down someone else’s throat There is no effort to talk about different suggestions to see if there is a better way to go about solving a situation He read a quote from a recent NC Supreme Court decision that pointed out the duties of the two boards Both boards have responsibilities and they have a joint responsibility to the public It is clear that NC law is set up for this to be a conflict Having said this , Commissioner Smith moved the Board approve the price of the Galilee Road site Commissioner W Ray Woodall seconded the motion Page323 Discussion Commissioner Allen L Mims , Jr stated he would have a problem with approving this based on the appraisal He stated he considers it his duty to decide if the price is reasonable , and he cannot do that without understanding the appraisal The motion failed by the following vote Ayes James H Langdon , Jr , Fred Smith and W Ray Woodall NaysAllen L Mims , Jr , Wade M Stewart , Thomas M Moore and Cookie Pope Following the vote the School Board immediately gave notification of their intention to follow the procedure for resolution of dispute between the two boards , which calls for a joint meeting within seven days and suggested this could be considered when the two boards meet on Wednesday night , July 10th 6 Voting Delegate for North Carolina Association of County Commissioners Meeting Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board designated Chairman James H Langdon , Jr as the voting delegate at the North Carolina Association of County Commissioners Annual Conference in August 7 Decision to Address Latest Issue with the School Board in a Separate Meeting County Attorney Mark Payne recommended the second notification of dispute issued by the School Board at this meeting be considered as a separate issue and be scheduled for a different hearing If neither issue is resolved in the public meeting , then it would be appropriate to hear both issues at the next stage of proceedings Following discussion , the Board of Commissioners agreed the issue that was presented at this meeting should be considered at a separate hearing and not be included in the Wednesday night meeting Commissioner Smith suggested the Board of Commissioners should be prepared to present the County’s perspective to the public There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote ____________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage