January 14, 2002 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 770 January 14 , 2002 The Johnston County Board of Commissioners met in regular session , Monday , January 14 , 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 1 Request for Additional Funds - Johnston Community College Dr Don Reichard , President of Johnston Community College , stated the College had budgeted 90,000 to upgrade and renovate the vocational building and the Skills Training Center located on the Old Cleveland School campus The buildings will be used for additional classrooms and a pharmaceutical wet lab for specialized programs of study requested by our local industries When the bids came in they were significantly higher leaving a shortfall of 55,736 He requested additional County funds to cover the shortfall Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board agreed to allocate 30,000 from the Building and Grounds Capital Outlay fund for the upgrade to the vocational building , which is County property , and approve the following budget amendment for the remaining 25,736 for the renovation of the Skills Training Center from the contingency fund FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 58555710 Contingencies 25,73600 10 63009015 JCCC Capital Outlay 25,73600 2 Public Hearing - 7 00 pm - Rezoning Cases and Special Use Permits Advertised - In the Smithfield Herald - December 21 and December 28 , 2001 Certified letters were mailed to adjoining property owners on January 2 , 2002 and notices posted at the locations on December 19 , 2001 The Chairman opened the rezoning public hearing and invited interested persons to make comments on the following cases Case 570 Petition to rezone two parcels totaling approximately 391 acres located on Denning Road SR 1168 in Banner Township from Agricultural Residential to Industrial 1 - Special Use District Owner Joe Denning ; Applicant Max Denning Dave Roesler , Assistant Planning Director , indicated the property on the GIS map and noted it is located on Denning Road near the Harnett County line Surrounding zoning is Agricultural Residential - Special Use District and General Business Bill McLamb , who lives on the adjacent property , opposed the rezoning He maintained that what was once a family business to haul the Denning’s farm products has now become a commercial tractor trailer business hauling all types of products including fertilizer and quarry rock He noted the trucks , which come in at all hours of the night , are , in his opinion , too large and heavy for the roads in the area He cited the following additional concerns safety issues , the loss of value to his property , and the fact that with all the people coming in and out , he is constantly having to contend with dust , dirt , and all types of trash including aluminum cans , bottles and food containers in his yard He also questioned the safety of the items stored on Mr Denning’s property and whether his well water could be affected He asked the Board to deny the rezoning request Page771 Applicant , Max Denning , asked the Board to approve the rezoning He noted the Planning Board recommended conditions , which , in his opinion , would be sufficient to answer Mr McLamb’s concerns In response to a question from Commissioner Wade M Stewart , Mr Denning stated he would do whatever the zoning required to accommodate his neighbor Mr Roesler stated the Planning Board recommended approval of the rezoning by a vote of 4 to 3 The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 570 Case 570 Petition to rezone two parcels totaling approximately 391 acres located on Denning Road SR 1168 in Banner Township from Agricultural Residential to Industrial 1 - Special Use District Owner Joe Denning ; Applicant Max Denning Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved rezoning case 570 for owner ; Joe Denning , and applicant ; Max Denning , of approximately 391 acres located on Denning Road SR 1168 in Banner Township from Agricultural Residential to Industrial l - Special Use District The Chairman Opened the Public Hearing on Special Use Permit Request - Case 570 Those wishing to speak on Case 570 were sworn in by the Clerk to the Board Case 570 Special use permit application for a trucking operation , and warehousing on two parcels totaling approximately 391 acres located on Denning Road SR 1168 in Banner Township for Owner Joe Denning ; Applicant Max Denning Dave Roesler , Assistant Planning Director presented the following summary of evidence on Rezoning Case # 570 A pre - application hearing was held with the applicant on October 18 , 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 November 20 , 2001 , the Johnston County Planning Board held a public meeting regarding this case They recommended rezoning to Industrial I - Special Use District by a vote of 4 to 3 , and recommended by unanimous vote a special use permit be issued based on the following findings of fact and conditions Findings of fact a Would be located , designed and proposed to be operate so as to maintain or promote the public health , safety , and general welfare b Would comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and will all other applicable regulations ; c Would be located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property ;Page772 d Would conform to the general plans for the physical development of the of the County as embodied in the Comprehensive - Strategic Plan and the County’s Design Guidelines Special Conditions 1 The applicant must have a Class C Buffer shown on approved site plan 2 All parking must be limited to the west side of the warehouse Mr Roesler stated this case originated when it was brought to the County’s attention that the trucking business , which had been operating for a number of years , had become commercial In response to a question from Commissioner Allen L Mims , Jr about whether the pallets and drums Mr McLamb spoke about would be considered outside storage and therefore require fencing , Mr Roesler responded this would depend on whether they were considered agricultural or industrial in nature The question arose about whether storage requirements automatically change if the land is rezoned industrial Attorney Mark Payne noted the Board could stipulate in their conditions that all storage be by industrial regulations , or agricultural products be stored as usual , and industrial products be stored in accordance with industrial regulations There being no further comments , the Chairman Closed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 570 Case 570 Special use permit application for a trucking operation , and warehousing on two parcels totaling approximately 391 acres located on Denning Road SR 1168 in Banner Township for Owner Joe Denning ; Applicant Max Denning Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit to owner , Joe Denning , and applicant , Max Denning , for a trucking operation and warehousing on two parcels totaling approximately 391 acres located on Denning Road SR 1168 in Banner Township based on the 4 findings of fact recommended by the Planning Board and the first recommended condition of a Class C buffer , with the additional stipulation that agriculture products be stored in accordance with agricultural standards , and any industrial products be stored in accordance with industrial standards and regulations Commissioner Wade M Stewart seconded the motion Discussion Board members discussed two additional issues 8 fencing on the side nearest Mr McLamb’s property , and whether there should be any stipulation on where the large trucks could be parked Commissioner Fred Smith stated he would like for Mr Denning to be able to use his property to the maximum , however , at the same time , protect his neighbor He stated , in his opinion , the Dennings should put up a fence and plant the cypress trees next to Mr McLamb’s property Commissioner Allen L Mims , Jr noted the site plan submitted by the Dennings showed parking of the large trucks on the west side of the warehouse away from Mr McLamb’s property He suggested the applicant should follow the site plan Motion to Amend the Motion During the discussion , Commissioner Fred Smith moved the motion be amended to require Mr Denning to put an 8 solid fence and plant Leyland Cypress trees between his property and Mr McLamb’s property , and that parking be in accordance with Mr Denning’s existing site plan Commissioner Thomas M Moore seconded the motion which failed by the following vote Ayes Fred Smith , Thomas M Moore , and Allen L Mims , Jr Nays James H Langdon , Jr , Cookie Pope , Wade M Stewart , W Ray Woodall Original Motion Changed Commissioner Wade M Stewart , who seconded the original motion , asked Commissioner Cookie Pope if she would be willing to change her motion to state that along with the Class C buffer recommended by the Planning Board , Leyland Cypress must be planted from the highway right - of - way to the front corner of the building , and they must reach a height of 12 with no gaps before the Dennings can park large vehicles on the side of their warehouse nearest Mr McLamb’s property Commissioner Pope agreed to these changes Page773 Motion Restated and Approved For clarification , the motion on the floor made by Commissioner Pope and seconded by Commissioner Stewart , was restated as follows Based on the following findings of fact and with the following conditions , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit to owner Joe Denning and applicant Max Denning for a trucking operation and warehousing on two parcels totaling approximately 391 acres located on Denning Road SR 1168 in Banner Township Commissioner Wade M Stewart seconded the motion Findings of fact 1 Would be located , designed and proposed to be 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 , and all applicable provisions of Article 445 , Article 6 , Article 8 , and will all other applicable regulations ; 3 Would be located , designed , and proposed to be 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 of the County as embodied in the Comprehensive - Strategic Plan and the County’s Design Guidelines Special Conditions 1 The applicant must have a Class C Buffer as shown on approved site plan 2 Agriculture products are to be stored following the standards for storing agriculture products and industrial products are to be stored in accordance with regulations governing the storage of industrial products 3 Leyland Cypress must be planted on the east side of the warehouse from the highway right - of - way to the front corner of the building , and must be 12 feet tall with no gaps before large vehicles can be parked on that side of the warehouse , and the determination as to when this stipulation has been met will be decided by the Johnston County Planning staff The motion was approved by the following vote Ayes James H Langdon , Jr , Cookie Pope , Wade Stewart , Fred Smith , W Ray Woodall and Thomas M Moore Nays Allen L Mims , Jr The Chairman Reopened the Rezoning Public Hearing Case 571 Petition to rezone approximately 559 acres located on Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential to General Business Owners Scott Reeder and James Barefoot Mr Roesler indicated the property on the GIS map and noted it is located on Cleveland Road , near Short Journey and Crantock Roads , and Glad Acres Subdivision He stated the owners currently operate an existing commercial landscape business on a small portion of the property that is zoned General Business They are asking for the remaining tract to be rezoned general business so they can expand their operation The surrounding zoning is Mobile Home Park , Agricultural Residential , Landfill and General Business James Barefoot of Raleigh who is co - owner of the 6 acre tract with Scott Reeder stated that they have a staff of 12 and keep the property well maintained Mr Barefoot requested the Board’s consideration in rezoning the property Mr Roesler stated the Planning Board recommended approval by unanimous vote The Chairman Closed the Rezoning Public Hearing Decision on Rezoning Case 571PagePage pageNumber5774 Case 571 Petition to rezone approximately 559 acres located on Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential to General Business Owners Scott Reeder and James Barefoot Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved rezoning case 571 for Owners Scott Reeder and James Barefoot of approximately 559 acres located on Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential to General Business 3 Public Hearing - Proposed Amendment to Development Ordinance - Article 15 , Section 21 and Section 27 - Advertised - The Smithfield Herald - December 21 and December 28 , 2001 The Chairman Opened the Public Hearing Mr Roesler explained the Planning Board has discussed the size of their board , and the fact that having alternates creates confusion They are requesting the Commissioners consider amending the Development Ordinance , Article 152 to change the structure to eliminate the two alternate positions and establish a total of 12 members , 11 voting and one non - voting , ex - officio member representing the Board of Commissioners Merle Hall , 1899 Stevens Chapel Road , Smithfield , voiced concern that there are no members on the Planning Board from east of Interstate 95 He suggested all areas of the County should have representation on this board The Chairman Closed the Public Hearing In discussion it was pointed out there is a vacancy on that board at present If the Board does not fill the vacancy , the size of the Planning Board could be reduced to 10 voting members and one non - voting ex - officio member Concerning the request to appoint persons from the eastern portion of the County , it was suggested that future applications be looked at with that objective in mind Following discussion , Commissioner Allen L Mims , Jr moved the Board amend the Johnston County Development Ordinance , Article 152 as follows Commissioner Cookie Pope seconded the motion , which carried by unanimous vote ARTICLE 15 ADMINISTRATIVE MECHANISMS 1521 Establishment of the Board Qualifications DELETE THE EXISTING PARAGRAPH AND REPLACE WITH THE FOLLOWING A Planning Board is hereby established consisting of ten 10 voting members and one representative from the Board of County Commissioners who will serve as a non - voting , ex officio member All members shall reside within the County and shall be appointed by the Board of Commissioners 1527 Quorum and Voting A quorum of the Board , necessary to take any official action , shall consist of five 5 six 6 members 4 Public Hearing - Proposed County Thoroughfare Plan Advertised - The Smithfield Herald - December 21 and December 28 , 2001 The Chairman opened the public hearing Mr Roesler informed the Board the Transportation Committee met recently and , in their opinion , there are some new projects and situations that could impact the Thoroughfare Plan He suggested that the Board take no action at this time , but refer it back to the Transportation Committee Commissioner Fred Smith , who serves on the Transportation Committee , agreed and noted his committee is not ready to make recommendations at this time There being no comments , the Chairman closed the Public HearingPagePage pageNumber6775 5 Staff Report on Residential Permit Allocation Ordinance Steven Finn , Planning Director , stated that the Planning Department issued an average of 138 residential permits per month for a total of 1658 land use permits for the year He noted the total number of permits was down from last year The Board made no changes in the policy established last December , which increases the allocation by 56 inflation and rolls the number of unused permits over to the new year th 6 Flowers Sewer Agreement - Decision Held Over from January 7 Meeting Commissioner Fred Smith stated that Ms Flowers has agreed to donate 20 additional acres to make this a site for two schools He recommended the County accept this proposal Upon a motion by Commissioner Fred Smith , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved the proposed three - party agreement between the County , Becky Flowers ’ River Dell Company and Heater Utilities to provide sewer service to property near the Flowers Plantation which is being donated by Ms Flowers to the County as a future school site , subject to the following two conditions 1 the County will receive 45 acres of contiguous land , large enough for a primary and a middle school , and 2 the elementary school which is scheduled to be built first will be configured on the site plan in such a way as to allow for the future middle school to share a unified campus Board Reports and Comments 7 Cleveland Community Meeting The Chairman asked Commissioner Cookie Pope and Commissioner Thomas M Moore to join him in a meeting with the citizens from the Cleveland Community to discuss the future of the old Cleveland School building County Manager , Rick Hester , agreed to make the necessary arrangements 8 Board Retreat The Board agreed to meet in retreat on Friday , March 15 , 2002 , for the purpose of discussing various issues concerning the future of the County Staff will make the necessary arrangements There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote ____________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage