March 11, 2002 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 808 March 11 , 2002 The Johnston County Board of Commissioners met in regular session , Monday , March 11 , 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 , Wade M Stewart , Allen L Mims , Jr , Fred Smith and W Ray Woodall 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 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 - February 22 and March 1 , 2002 Certified letters were mailed to adjoining property owners on February 28 , 2002 and notices posted at the locations on February 28 , 2002 The Chairman opened the rezoning public hearing and invited interested persons to make comments on the following cases Case 573 Petition to rezone approximately 158 acres located on Grabtown Road SR 2543 in Boon Hill Township from Agricultural Residential to Industrial 2 - Special Use District Owners and Applicants Allen Ray Best and Linda Best Dave Roesler , Assistant Planning Director , reminded everyone that this case came to the Board a little over a year ago and was denied He indicated the property on the GIS Map and noted it is located just off Brogden Road , southeast of Smithfield The surrounding zoning is Agricultural Residential with a few tracts zoned general business closer to Smithfield Allen Best , owner , presented petitions of support signed by some of his neighbors and others who live in the area He stated he would like to have the property rezoned so he can provide something for the people in the area to do , both the young and old Mr Roesler noted the Planning Board recommended denial based on the belief that the noise issues and problems involving the Sheriff’s Department , which were brought out at the previous rezoning hearing last year have not been resolved In response to a question from Commissioner Allen L Mims , Jr , Mr Roesler stated to his knowledge , there have been no changes other than a few more residents in the area He pointed out the petitions presented by Mr Best were not offered to the Planning Board Linda Best noted the neighbor who complained last year has since moved from the area The Chairman Recessed the Rezoning Public Hearing Decision Postponed on Rezoning Case 573 Case 573 Petition to rezone approximately 158 acres located on Grabtown Road SR 2543 in Boon Hill Township from Agricultural Residential to Industrial 2 - Special Use District Owners and Applicants Allen Ray Best and Linda Best Commissioner Wade M Stewart moved the Board table this request until next month to give him time to personally contact the people in the area Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman Re - opened the Rezoning Public Hearing Case 574 Petition to rezone approximately 700 acres located on Gum Swamp Road SR 1349 in Elevation Township from Community Business to Agricultural Residential Owner Katherine L Moore Page809 Mr Roesler indicated the property on the GIS Map and noted it is located near Elevation Road in Elevation Township The surrounding zoning is Agricultural Residential The owners contacted the Planning Department when they discovered their property was zoned commercial , even though it has always been a residential use It appears the property was zoned in error when the County implemented countywide zoning in 1991 The Planning Board recommended approval by unanimous vote The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 574 Case 574 Petition to rezone approximately 700 acres located on Gum Swamp Road SR 1349 in Elevation Township from Community Business to Agricultural Residential Owner Katherine L Moore Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved rezoning case 574 for owner , Katherine L Moore of approximately seven acres located on Gum Swamp Road SR 1349 in Elevation Township from Community Business to Agricultural Residential The Chairman Re - opened the Rezoning Public Hearing Case 575 Petition to rezone approximately 153 acres located on Benson - Hardee Road SR 1303 in Pleasant Grove Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Donald Sanderford Mr Roesler pointed out the property on the GIS Map and noted it is located near the entrance of Weeksford Estates Subdivision The surrounding zoning is Agricultural Residential with some Commercial and General Business Betty Leveris , representing the developer of Weeksford Estates Subdivision , stated the swimming pool and club house will be beautifully designed , in keeping with the up - scale homes that are being built Mr Roesler noted the reason rezoning is required is because this is not for the subdivision residents only , but will be opened to people in the surrounding area by membership only The Planning Board recommended approval The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 575 Case 575 Petition to rezone approximately 153 acres located on Benson - Hardee Road SR 1303 in Pleasant Grove Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Donald Sanderford Upon a motion by Commissioner Allen L Mims , seconded by Commissioner Cookie Pope and carried by unanimous vote the Board approved rezoning case 575 for owner , Donald Sanderford of approximately 153 acres located on Benson - Hardee Road SR 1303 in Pleasant Grove Township from Agricultural Residential to Agricultural Residential - Special Use District The Chairman Re - opened the Public Hearing on Special Use Permit - Case 575 Those wishing to speak on Case 575 were sworn in by the Clerk to the Board Case 575 Special use permit application for a club house , swimming pool on approximately 153 acres located on Benson - Hardee Road SR 1303 in Pleasant Grove Township for Owner Applicant Donald Sanderford Mr Roesler entered into the record the following summary of evidence on Rezoning Case # 575 Page810 A pre - application hearing was held with the applicant on December 7 , 2001 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 January 15 , 2001 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by unanimous vote , approval of rezoning to Agricultural Residential - Special Use District , and recommended a special use permit be issued based on the following findings of fact and conditions Findings of facts 1 Would be located , designed and proposed to operate so as to maintain or promote the public health , safety and general welfare ; 1 Would comply with all required regulations and standards of the Development Ordinance ; 2 Would be located , designed , and operated so as to maintain or enhance the value of contiguous property ; 3 Would conform to the general plans for the physical development of the County as embodied in the Comprehensive - Strategic Plan and the County’s Design Guidelines Special Conditions recommended by the Planning Board 1 Hours of operation will be 8 00 am - 11 00 pm on Monday - Saturday and 12 00 pm - 8 00 pm on Sunday 2 Site plan must meet Johnston County regulations In response to a concern expressed by Commissioner Wade M Stewart about the noise impact on the community , Ms Leveris stated the swimming pool will most likely close much earlier in the evening The reason they asked for the 11 00 pm closing was for specific social functions in the club house Commissioner Fred Smith pointed out he has a similar project in his development and has been approached about allowing the local schools to use the pool in the early morning hours for their swim team Ms Leveris stated , if possible , she would like for the hours to be amended to include the early morning hours of 6 00 am until 8 00 am so that special groups , such as swim teams , can utilize the facility if needed In response to Commissioner Stewart’s comment about noise , Mr Roesler noted the County has a noise ordinance in place to address any problems that might arise He stated the Planning Board recommended approval by unanimous vote The Chairman Recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 575 Case 575 Special use permit application for a club house , swimming pool on approximately 153 acres located on Benson - Hardee Road SR 1303 in Pleasant Grove Township for owner applicant Donald Sanderford Page811 Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit for a club house and swimming pool on approximately 153 acres located on Benson - Hardee Road SR 1303 in Pleasant Grove Township , based on the following findings of facts and subject to the following conditions Findings of fact 1 Would be located , designed and proposed to operate so as to maintain or promote the public health , safety and general welfare ; 2 Would comply with all required regulations and standards of the Development Ordinance ; 3 Would be located , designed , and operated so as to maintain or enhance the value of contiguous property ; 4 Would conform to the general plans for the physical development of the County as embodied in the Comprehensive - Strategic Plan and the County’s Design Guidelines Special Conditions 1 Hours of operation will be 6 00 am - 11 00 pm on Monday - Saturday and 12 00 pm - 8 00 pm on Sunday 2 Site plan must meet Johnston County regulations The Chairman Re - opened the Rezoning Public Hearing Case 578 Petition to rezone approximately 539 acres located on Powhatan Road SR 1901 in Wilson’s Mills Township from Industrial 1 to Industrial 1 - Special Use District Owner Walthom Group ; Applicant Steve Bass Bass Music Corporation Mr Roesler pointed out the property on the GIS map and noted it is located close to the railroad track on Powhatan Road near the Bayer Corporation The tract is southeast of the Clayton ETJ , with surrounding zoning of Industrial I and Industrial II There are subdivisions located in the area Steve Best , president of Bass Music Corporation , the company that purchased WBZB radio station , asked the Board to approve the rezoning so he can build a new radio transmission tower on the site and get the radio station back on the air He stressed this would be a listener - based station that would cover the US 70 corridor and would feature public service spots for this area In addition to the new tower , a new 1000 watt transmitter is planned that will meet all FCC guidelines and will operate from dawn to dusk , reaching from Princeton to Durham The 198 unlighted tower will blend with the skyline and will be buffered on three side with a barrier of trees In response to a question from Commissioner Cookie Pope , Mr Best stated the station would be located in Garner , which will be more convenient for him since he lives in Cary In discussion , it was noted the original site in Selma did not meet federal code Mr Roesler stated the Planning Board recommended approval by a vote of 9 - 0 The Chairman Closed the Rezoning Public Hearing Decision on Rezoning Case 578 Case 578 Petition to rezone approximately 539 acres located on Powhatan Road SR 1901 in Wilson’s Mills Township from Industrial 1 to Industrial 1 - Special Use District Owner Walthom Group ; Applicant Steve Bass Bass Music Corporation Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved rezoning case 578 for owner Walthom Group ; and applicant Steve Bass Bass Music Corporation of approximately 539 acres located on Powhatan Road SR 1901 in Wilson’s Mills Township from Industrial 1 to Industrial 1 - Special Use District The Chairman Re - opened the Special Use Permit Hearing - Case 578 Those wishing to speak on Case 578 were sworn in by the Clerk to the Board PagePage pageNumber5812 CASE 578 Special use permit application for an AM radio transmission tower on approximately 539 acres located on Powhatan Road SR 1901 in Wilson’s Mills Township for Applicant Steve Bass Bass Music Corporation Dave Roesler , Assistant Planning Director presented the following summary of evidence on Rezoning Case # 578 A pre - application hearing was held with the applicant on December 21 , 2001 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 February 19 , 2002 the Johnston County Planning Board held a public meeting regarding this case They recommended , by unanimous vote , approval of rezoning to Industrial I - Special Use District , and recommended a special use permit based on the following findings of fact Findings of fact 1 This request is in response to changed or changing conditions in the particular area ; 2 The proposed use would provide a service to the surrounding area ; and 3 Suitable regulations , along with the revisions to the site plan referenced above , can be placed on the Special Use Permit to assure compatibility with nearby land owners and uses 4 The nature of the technical requirements of operating and transmitting a radio station signal does not lend itself to co - location alternatives 5 The tower site is located within an industrial development area well away from major residential uses 6 The applicant has met all the County’s standards of evaluation for location of a telecommunication tower In response to comments form Commissioner Allen L Mims , Jr , Mr Bass confirmed that the site would be fenced and all utilities will be underground The Chairman Closed the Special Permit Hearing Decision on Application for Special Use Permit - Case 578 Special use permit application for an AM radio transmission tower on approximately 539 acres located on Powhatan Road SR 1901 in Wilson’s Mills Township for Applicant Steve Bass Bass Music Corporation 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 a special use permit for an AM radio transmission tower on approximately 539 acres located on Powhatan Road SR 1901 in Wilson’s Mills Township based on the following findings of facts PagePage pageNumber6813 Findings of fact 1 This request is in response to changed or changing conditions in the particular area ; 2 The proposed use would provide a service to the surrounding area ; and 3 Suitable regulations , along with the revisions to the site plan referenced above , can be placed on the Special Use Permit to assure compatibility with nearby land owners and uses 4 The nature of the technical requirements of operating and transmitting a radio station signal does not lend itself to co - location alternatives 5 The tower site is located within an industrial development area well away from major residential uses 6 The applicant has met all the County’s standards of evaluation for location of a telecommunication tower 2 Transportation Advisory Committee - County Participation In CAMPO At the request of Commissioner Fred Smith , who serves as chairman of the Transportation Advisory Committee , Dave Roesler gave a brief report on the County’s recent discussions about Raleigh’s Outer Beltline I - 540 with Capital Area Metropolitan Planning Organization CAMPO CAMPO deals with transportation issues in and around the capital area During these conversations , there was discussion about Johnston County possibly joining the organization Commissioner Smith noted there is no guarantee our application would be accepted , and only a portion of the County would be involved ; however , this would provide us some input in decisions that directly affect Johnston County He and Planning Director , Steven Finn , met with several of the municipalities , and Clayton has shown an interest in also applying for membership Following discussion , Commissioner Fred Smith moved the Board apply to join CAMPO and authorize the Transportation Committee and staff to negotiate terms of membership before bringing back a final report to the Board Commissioner Allen L Mims , Jr seconded the motion which carried by unanimous vote 3 Public Utilities - Property Exchange At the March 4 , 2002 Board Meeting , the Commissioners postponed action on a proposal for a property exchange between the County and Senator Allen Wellons until they had time to study the maps and other related information The Public Utilities Department needs property on Powhatan Road for a booster station Staff has negotiated a tentative agreement with Mr Wellons in which the County would receive a site for the booster station and an easement from the County Water Treatment Plant across Mr Wellons property to Buffalo Road for the Buffalo Water District , in exchange for a parcel on Hwy 70 which is adjacent to some of his land Having had time to review the information presented by the County Attorney concerning this proposal , Commissioner Fred Smith moved the Board authorize the property exchange as recommended by staff Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Reference Minutes of March 4 , 2002 ; Book 22 , pp 800 - 801 Board Reports and Comments 4 Triangle J COG Smart Growth Committee Commissioner Allen L Mims , Jr agreed to represent Johnston County at the Triangle J COG Smart Growth Committee meeting on March 20 , 2002 5 Old Cleveland School Property Commissioner Cookie Pope noted that the Old Cleveland School is being vandalized and has become a safety issue She moved the Board declare the property surplus and authorize staff to move forward with scheduling a public auction to sell the property Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote PagePage pageNumber7814 6 FY 2002 - 2003 Budget Issues The Board discussed the constraints that may have to be placed on funding in the upcoming budget process due to the economy and the State withholding reimbursements and other revenues It was also pointed out the Medicare match for the upcoming year is expected to be close to 1 million higher than the current year 7 Public Hearing Postponed - Annexation Into Brogden Water District Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board postponed the public hearing scheduled for April 1 , 2002 on annexation of the Brogden Water District until staff can look at all the water district areas There being no further business , Commissioner Allen L Mims , Jr moved the Board adjourn Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote ____________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage