May 13, 2002 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 858 May 13 , 2002 The Johnston County Board of Commissioners met in regular session , Monday , May 13 , 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 , and Fred Smith Absent W Ray Woodall 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 Public Comments - No one spoke at this time 1 Public Hearing - 7 00 pm - Rezoning Cases and Special Use Permits Advertised - In the Smithfield Herald - April 26 and May 3 , 2002 Certified letters were mailed to adjoining property owners on May 2 , 2002 and notices posted at the locations on April 30 , 2002 The Chairman opened the rezoning public hearing and invited interested persons to make comments on the following cases Case 583 Petition to rezone two areas totaling approximately 360 + - square feet located on NC 42 in Cleveland Township from Agricultural Residential to General Business - Special Use District Owner Glen Ford , Sr Applicant Don Hull d b a Speedy Signs Dave Roesler , Assistant Planning Director , indicated the property on the GIS Map and pointed out the two small areas in question He noted the tract is located on NC 42 near the intersection of Cornwallis Road , approximately 1 mile from the I 40 42 Interchange Surrounding zoning is Community Business , General Business and Agricultural Residential Several subdivisions are located in the area Attorney Chip Hewett spoke on behalf of the property owner , Glen Ford , Sr , and applicant , Speedy Signs He briefly outlined the history of the case and noted it has been difficult from the beginning Originally a permit for signs was approved , then revoked by the County A number of issues about the case have been discussed and considered at length , it has been through the court system , and still there is no resolution He maintained the ordinance changed between the time the permit was issued and the time the permit was revoked Commissioner Fred Smith pointed out that whether the permit was legal or not in the past is not the question at hand at this time Superior Court Judge , Knox Jenkins , has found that the permit was issued by mistake and the revocation was appropriate ; therefore , until the courts change their findings , the County is bound by that decision The question before the Board is whether the property should be rezoned He pointed out the Court of Appeals is considering a similar case for Eastern Outdoor , Inc , which will greatly impact any legal decision on this matter and suggested this case should be postponed until a decision is reached by that court Mr Hewett noted the reason his clients are asking for a rezoning is because of comments that were made by the Board of Adjustments during their hearing He suggested that based on the history of the case and the length of time that has passed , that the rezoning should be considered under the old ordinance that was in effect and as a grandfathered rezoning of the new ordinance Attorney Mark Payne explained the Board of Adjustments imposed penalties but stated that all but 100 of the penalties would be waived if the site was brought into compliance There was discussion that one possible way to bring it into compliance would be to have the property rezoned The rezoning application was filed under the new ordinance and it would be unlawful to consider it based on the old ordinance He agreed the outcome of the Eastern Outdoor , Inc case before the Court of Appeals will greatly affect the legal issues involved in this case He noted it is expected that a decision will be given in the very near future Page859 Teresa Daughtry , daughter of Don Hull , the applicant , stated the issue needs to be settled as it has brought great stress and financial burden to her father Commissioner Allen L Mims , Jr stated he too would hope this issue can be decided soon as there are a number of people in the neighborhood who also want a resolution to this matter Jesse Austin requested the Board allow those persons present who oppose this rezoning to stand Nine persons stood in opposition Don Hull stated he knew there was a petition by those who oppose this case , but noted he too has a petition with names of people in support He stated he is a small business man , and feels he has not been treated fairly There followed an exchange of comments between Mr Hull and Commissioner Allen Mims , who also serves on the County Planning Board Commissioner Mims stated he took an oath to uphold the ordinances of this County and feels that is what he has done He stated he has represented all the citizens , not just a particular group Chairman James H Langdon , Jr agreed there have been problems , and stated the County is trying to come to an answer that is creditable to everyone The Chairman Recessed the Rezoning Public Hearing Rezoning Case 583 Continued Case 583 Petition to rezone two areas totaling approximately 360 + - square feet located on NC 42 in Cleveland Township from Agricultural Residential to General Business - Special Use District Owner Glen Ford , Sr Applicant Don Hull d b a Speedy Signs Commissioner Fred Smith moved the Board continue rezoning case 583 for applicant Don Hull d b a Speedy Signs until a decision is handed down by the Court of Appeals on the Eastern Outdoor , Inc case , with the understanding that once that decision is reached , this case will automatically come back to the Board for a decision Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman Re - opened the Rezoning Public Hearing Case 584 Petition to rezone two parcels totaling approximately 139 acres located at the intersection of NC 50 and Sanders Road SR 1517 in Pleasant Grove Township from Community Business - Special Use District and Agricultural Residential to Community Business Owner and Applicant Donald Ray Lee Mr Roesler indicated the property on the GIS map and noted that it is located at the intersection of NC50 and Sanders Road , west of Interstate 40 Surrounding zoning is Community Business , Mobile Home Park District and Agricultural Residential Several subdivisions are located in the area The Planning Board recommended approval by unanimous vote Owner and applicant , Don Lee , offered to answer any questions the Board might have He noted he has no specific plans for the property other than a convenience store The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 584 Case 584 Petition to rezone two parcels totaling approximately 139 acres located at the intersection of NC 50 and Sanders Road SR 1517 in Pleasant Grove Township from Community Business - Special Use District and Agricultural Residential to Community Business Owner and Applicant Donald Ray Lee Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 584 for owner and applicant , Donald Ray Lee for two parcels totaling approximately 139 acres located at the intersection of NC 50 and Sanders Road SR 1517 in Pleasant Grove Township from Community Business - Special Use District and Agricultural Residential to Community Business Page860 The Chairman Re - opened the Rezoning Public Hearing - Case 585 Case 585 Petition to rezone approximately 5 acre located on NC 50 North in Elevation Township from Agricultural Residential to Community Business - Special Use District Owners and Applicants Steven Reed Johnson and Mary Magdalene Johnson Mr Roesler indicated the property on the GIS map and noted it is located on NC 50 near Zack’s Mill and Byrdtown Roads , near I - 40 Surrounding zoning is General Business , Community Business , Agricultural Residential , Industrial II - Special Use District and Mobile Home Park District Applicant Mary Johnson asked the Board to rezone the property so she can operate a florist at the location , which is adjacent to her home She offered to answer any questions the Board might have Mr Roesler stated the Planning Board recommended approval by unanimous vote The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 585 Case 585 Petition to rezone approximately 5 acre located on NC 50 North in Elevation Township from Agricultural Residential to Community Business - Special Use District Owners and Applicants Steven Reed Johnson and Mary Magdalene Johnson Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved rezoning case 585 for owners and applicants , Steven Reed Johnson and Mary Magdalene Johnson of approximately 5 acres located on NC 50 North in Elevation Township from Agricultural Residential to Community Business - Special Use District The Chairman Opened the Special Use Permit Hearing - Case 585 Those wishing to speak on Case 585 were sworn in by the Clerk to the Board Case 585 Special use permit application for a full service florist , and seasonal sales of bedding plants on approximately 5 acre located on NC 50 North in Elevation Township Owners and Applicants Steven Reed Johnson and Mary Magdalene Johnson Dave Roesler , Assistant Planning Director stated the applicant wishes to have a full service florist with seasonal sales of bedding plants He presented the following summary of evidence concerning this Case A pre - application hearing was held with the applicant on February 25 , 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 Page861 On March 19 , 2002 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by unanimous vote , approval of rezoning to Community Business - Special Use District , and recommended a special use permit based on the following findings of facts and conditions Findings of fact 1 The scale and intensity of the current florist shop has not produced any traffic or noise problems 2 The use as proposed could provide a service to the immediate area 3 The provisions of the Johnston County Development Ordinance and the special use permit should adequately protect adjacent properties and assure a safe traffic pattern into and out of the site Special Conditions Recommended by the Planning Board 1 Hours of operations will be 9 00 am - 9 00 pm , Monday - Saturday and 1 00 pm - 6 00 pm on Sunday 2 Site plan must meet Johnston County Development Ordinance regulations The Chairman Recessed the Special Permit Hearing Decision on Application for Special Use Permit - Case 585 Case 585 Special use permit application for a full service florist , and seasonal sales of bedding plants on approximately 5 acre located on NC 50 North in Elevation Township Owners and Applicants Steven Reed Johnson and Mary Magdalene Johnson Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to owners and applicants , Steven Reed Johnson and Mary Magdalene Johnson for a full service florist , and seasonal sales of bedding plants on approximately 5 acres located on NC 50 North in Elevation Township based on the following findings of facts and subject to the following conditions Findings of fact 1 The scale and intensity of the current florist shop has not produced any traffic or noise problems 2 The use as proposed could provide a service to the immediate area 3 The provisions of the Johnston County Development Ordinance and the special use permit should adequately protect adjacent properties and assure a safe traffic pattern into and out of the site Special Conditions 1 Hours of operations will be 9 00 am - 9 00 pm , Monday - Saturday and 1 00 pm - 6 00 pm on Sunday 2 Site plan must meet Johnston County Development Ordinance regulations 2 Public Hearing - Repeal of Well Construction Standards Ordinance Advertised April 23 , 30 , 2002 in The Smithfield Herald The Chairman opened the public hearing and invited anyone who wished to address the Board on the proposal to repeal the Well Construction Standards Ordinance Director of Environmental Health , Larry Sullivan , stated that in looking through the new Johnston County Code of Ordinances , he realized the well construction ordinance in the book does not reflect the current rules being enforced by his department This ordinance was superceded in 1995 by State Standards and County Rules adopted by the County Board of Health in accordance with the State Well Construction Act He requested the Board repeal the Well Construction Standards Ordinance as it is no longer necessary He noted that prior to this hearing , he notified all interested parties about this and invited their comments No one expressed any objection since this would in no way affect the current operation of his department There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Fred Smith , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board repealed Chapter 12 , Article III of the Johnston County Code - “ Well Construction Standards Ordinance ”PagePage pageNumber5862 3 Public Hearing - Amendment to the Development Ordinance - Article III , Division 3 , Sec 14 - 173 - Application Submittal Requirements Advertised April 23 , 30 , 2002 in The Smithfield Herald The Chairman opened the public hearing and invited anyone who wished to address the Board on a proposed amendment to Johnston County Development Ordinance , Article III , Division Section 173 - Application Submittal Requirements Planning Director , Steven Finn , stated the Planning Board has recommended that language be inserted in Article 14 of the development ordinance stipulating that a developer must give written confirmation that he she either owns all the property to be subdivided , or has an option or contract to purchase the property Commissioner Fred Smith stated he would support this recommendation , but pointed out the language should be carefully worded He asked the County Attorney for his suggestions Attorney Mark Payne , along with Mr Finn and Board members agreed on the proper wording for the amendment to be inserted as follows added words in italics “ The planning director shall not accept an application unless it complies with such requirements , including written confirmation that the applicant is the owner or agent having a valid ownership interest or a valid enforceable contract , or option of an ownership interest ” Commissioner Allen L Mims , Jr asked how this would be on the application form Mr Finn responded the application form will state that written verification must be provided , andthis requirement will be part of the application process There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Fred Smith , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved the following amendment to the Johnston County Development Ordinance Chapter 14 , Article III - Subdivisions , Division 3 Section 14 - 173 - Amended as follows ADD words in bold italics Applications for major subdivision preliminary plat approval shall be filed with the planning department The planning board shall prescribe the form of applications , as well as any other material he may reasonably require to determine compliance with this division The planning director shall not accept an application unless it complies with such requirements including written confirmation that the applicant is the owner or agent having a valid ownership interest , or a valid enforceable contract or option for an ownership interest in the property involved An incomplete application shall be returned to the applicant , with a notation of its deficiencies Board Reports and Comments 4 Request for Support for Current ABC System The Board considered a resolution from the ABC Board requesting the County’s support for keeping the current Alcoholic Beverage Control system Following discussion , the Board agreed to wait until a study is done by the State before making a decision on this matter 5 Request for Referendum on Sale of Malt Beverages Attorney Mark Payne explained that since the primary election has been postponed , the Board’s th request of March 4 for a referendum on the sale of malt beverages will no longer be valid when the primary is actually held later this summer The law requires that the request must be at least 60 days , but no more than 120 days prior to the election A new request would need to be made at this time in order for a referendum to be on the primary during the period July 13 - September 13 , 2002 PagePage pageNumber6863 Following discussion , Commissioner Thomas M Moore moved the Board renew their request for a referendum to be held at the time of the upcoming primary to permit the off - premises sale of malt beverages beer in the unincorporated areas of the County Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote 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 , ClerkPage