December 10, 2001 - 7:00 pm - County Board of Commissioners Meeting Minutes

10 753 December 10 , 2001 The Johnston County Board of Commissioners met in regular session , Monday , December 10 , 2001 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 , Wade M Stewart , Allen L Mims , Jr , Fred Smith and W Ray Woodall Absent Thomas M Moore 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 There were no public comments 1 Public Hearing - 7 00 pm - Rezoning Cases and Special Use Permits Advertised - In the Smithfield Herald - Certified letters were mailed to adjoining property owners on November 27 , 2001 and notices posted at the locations on November 20 , 2001 The Chairman opened the rezoning public hearing and invited interested persons to make comments on the following cases Case 568 Petition to rezone approximately 1378 acres located on Federal Road SR 1331 in Elevation Township from Agricultural - Residential to Industrial I Owner and Applicant W E Blackmon Dave Roesler , Assistant Planning Director , indicated the property on the GIS map and noted it is located near Interstate 40 Surrounding zoning is Interstate Interchange District , Industrial 2 , Community Business , General Business and Mobile Home Park District Ardieth Lupton , representing the applicant , W E Blackmon , explained that CP & L is in the process of purchasing this property to build an energy operations center , which will combine their Selma and Dunn operations Michael de Sherbinin , Economic Development Director , supported the rezoning and voiced his opinion that having the CP & L Energy Operations Center will be an asset to the County Mr Roesler stated the Planning Board recommended approval by unanimous vote The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 568 Case 568 Petition to rezone approximately 1378 acres located on Federal Road SR 1331 in Elevation Township from Agricultural - Residential to Industrial I Owner and Applicant W E Blackmon Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved rezoning case 568 for owner and applicant , W E Blackmon of approximately 1378 acres located on Federal Road SR 1331 in Elevation Township from Agricultural Residential to Industrial I The Chairman Re - opened the Rezoning Public Hearing Case 569 Petition to rezone approximately 300 acres located on Barnes Lake Road SR 2108 in O’Neals Township from Agricultural Residential to Community Business - Special Use District Owners and Applicants William Stancil and Felicia Stancil Mr Roesler indicated the property on the GIS map and noted that it is a portion of a larger tract near NC Hwy 39 There are several subdivisions located in the area Surrounding zoning is Agricultural Residential and Community Business Page754 Mr Roesler stated the Planning Board recommended approval by unanimous vote The Chairman Closed the Rezoning Public Hearing Decision on Rezoning Case 569 Case 569 Petition to rezone approximately 300 acres located on Barnes Lake Road SR 2108 in O’Neals Township from Agricultural Residential to Community Business - Special Use District Owners and Applicants William Stancil and Felicia Stancil Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved rezoning case 569 for owners and applicants , William Stancil and Felicia Stancil of approximately 300 acres located on Barnes Lake Road SR 2108 in O’Neals Township from Agricultural Residential to Community Business - Special Use District The Chairman Opened the Public Hearing on Special Use Permit Request Those wishing to speak on Case 569 were sworn in by the Clerk to the Board Case 569 Special use permit application for family gatherings , family reunions , birthday parties , weddings , singings , catering and special events on approximately 300 acres located on Barnes Lake Road SR 2108 in O’Neals Township from Agricultural Residential to Community Business - Special Use District Owners and Applicants William Stancil & Felicia Stancil Mr Roesler presented the following summary of evidence on Rezoning Case # 569 A pre - application hearing was held with the applicant on September 25 , 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 twelve 12 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 October 16 , 2001 , 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 fact and conditions Findings of fact 1 Would be located , designed and proposed to be operated 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 submit a detailed site plan that meets all of the County’s regulations 2 No retail sales allowed Page755 There being no further comments , the Chairman closed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 569 Case 569 Special use permit application for family gatherings , family reunions , birthday parties , weddings , singings , catering and special events on approximately 300 acres located on Barnes Lake Road SR 2108 in O’Neals Township from Agricultural Residential to Community Business - Special Use District Owners and Applicants William Stancil & Felicia Stancil 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 , William Stancil and Felicia Stancil , for family gatherings , family reunions , birthday parties , weddings , singings , catering and special events on approximately 300 acres located on Barnes Lake Road SR 2108 in O’Neals Township from Agricultural Residential to Community Business - Special Use District , based on findings of facts and subject to the following conditions Findings of fact 1 Would be located , designed and proposed to be operated 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 submit a detailed site plan that meets all of the County’s regulations 2 No retail sales allowed 2 Request for Assistance in Extension of Sewer to Energy Operations Center Michael de Sherbinin , Economic Development Director , stated that CP & L has met with the County Incentive Committee concerning the cost associated with extending sewer service to the location of their new Energy Operations Center When I - 40 was built , property owner , W E Blackmon , had pipeline run under the Interstate and a manhole installed as an enhancement to his property With that in place , the cost of extending sewer to the site is estimated between 28,000 to 38,000 The Town of Benson has agreed to participate in the cost since it plans to satellite annex the property , and Mr Blackmon has agreed to donate to them the pipeline he installed , valued at approximately 200,000 Therefore , the recommendation of the committee is that the cost be shared equally by the County , the Town of Benson and Mr Blackmon , with the County and Benson’s shares being capped at 12,000 Mr Blackmon would be responsible for any cost over 36,000 Following discussion , Commissioner Wade M Stewart moved the County participate , in an amount not to exceed 12,000 , with the Town of Benson and WE Blackmon in the extension of sewer service to the site of the proposed new CP & L Energy Operations Center and encumber the funds for next year’s budget Commissioner Cookie Pope seconded the motion which carried by unanimous vote 3 Public Hearing - Proposed Amendments to County Ordinances Development Ordinance - Watershed Protection District & Solid Waste & Recycling Ordinance - Enforcement Code Advertised - The Smithfield Herald - November 23 and November 30 , 2001 The Chairman opened the public hearing and invited anyone who wished to address the Board on the following proposed amendments to County Ordinances A Amendment to Development Ordinance - Article 4 , Section 54 - Watershed Protection District Planning Director , Steven Finn , explained this amendment would bring the County into compliance with the NC Department of Water Quality guidelines He briefly reviewed the proposal and noted that in talking with stakeholders , he has found no opposition to the amendment Page756 The Chairman Recessed the Public Hearing Amendment Approved Development Ordinance Article 454 Watershed Protection Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board adopted the following amendment to Article 4 , Section 54 of the Johnston County Development Ordinance - Watershed Protection District Amendment Johnston County Development Ordinance - Article 454 Watershed Protection Wording in italics added to Article 454 454132 - “ No new development is allowed in the buffer except that water dependent structures , others structures such as flag poles , signs , and security light which results in only diminutive increases in impervious area , and public works projects ” 45414 a 1 and 2 - “ Minor variances shall include petitions for the reduction of any standards of the overlay district by a factor of less than 25 10 , ” “ Major variances shall include petitions for the reduction of any standards of the overlay district by a factor of more than 25 10 ” 45414 - add © , “ The Watershed Administrator shall provide a description of each project receiving a variance and the reasons for granting the variance shall be submitted for each calendar year to the NC DENR Division of st Water Quality on or before January 1 of the following year ” 45414 b - add “ for final decision The preliminary record of the hearing shall include 1 The variance application ; 2 The hearing notices ; 3 The evidence presented ; 4 Motions , offers of proof , objections to evidence , and rulings on them ; 5 Proposed findings and expectations 6 The proposed decision , including all conditions proposed to be added to the permit ” 4544 Definitions - add following new terms Discharging Landfill - A landfill which discharges treated leachate and which requires a National Pollution Discharge Elimination System NPDES permit Major Variance - A variance from the minimum statewide watershed protection rules that results in any one opf the following a the relaxation , by a factor of ten 10 percent or greater , of any management requirement under the low density option ; b Any variation in the design , maintenance or operation requirements of a wet detention pond or other approved stormwater management system Minor Variance - The relaxation , by a factor of up to ten 10 percent , of any management requirement under the low density option 45412 Built Upon Area - “ The maximum area to be built upon for all residential development not listed in Section 45411 above , and non - residential development shall be allowed a maximum of twenty four percent 24 built upon area with a curb and gutter roadway system , or a maximum of thirty six percent 36 built - upon area without a stormwater management system curb and gutter system , or up to a seventy percent 70 built - upon area a stormwater management system or up to 70 in the protected area with a County approved Best Management Practice stormwater management controls However , all development must also conform to the requirements of the Stormwater Management Ordinance The Chairman Reopened the Public Hearing B Amendment to Solid Waste Recycling Ordinance - Article VI , Sub - Section C - Enforcement Code Mr Finn explained the amendment would allow joint enforcement of the Solid Waste Ordinance by the zoning enforcement officer and the sheriff’s department Currently both are responding to complaints , and are often duplicating their efforts This would provide for an improved service delivery and efficiency of staff time , and would free the Sheriff’s deputies for more serious situations The Chairman Closed the Public Hearing Amendment Approved Solid Waste & Recycling Ordinance Article VI , Sub - Section C Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board adopted the following amendment to the Johnston County Solid Waste & Recycling Ordinance , Article VI , Sub - Section C - Enforcement PagePage pageNumber5757 Amendment Johnston County Solid Waste Ordinance - Article VI , Sub - Section C Wording in italics to be added to the - Article VI , sub - section C “ Enforcement of the regulations of this ordinance shall be the responsibility of the Johnston County Sheriff , or designee , and the Zoning Enforcement Officer and its designated Solid Waste Officer ” 4 Public Hearing - Proposal to Dissolve the Old US 70 Hwy General Business Overlay District Advertised 11 23 01 and 11 30 01 - The Smithfield Herald The Chairman opened the public hearing and invited anyone who wished to address the Board on a proposal to dissolve the old US 70 Hwy General Business Overlay District Mr Roesler stated that last summer the Commissioners asked the Planning Board to look at the overlay on US 70 routes One concern was that in primarily residential areas , businesses were being established under the general business overlay designation , and it was also noted that the new tax revaluation will consider both the use and zoning of property in establishing tax values , which will increase taxes for a number of homeowners After consideration , the Planning Board has recommended the US 70 General Business Overlay Zoning District be repealed and replaced as follows lt; Zone all property currently used for a commercial purpose not within a recorded residential subdivision , General Business GB lt; Zone all property currently used for industrial purpose or zoned for industrial purpose as Industrial - 1 or Industrial - 2 as appropriate ; and lt; Zone all property currently used for residential purposes and vacant land Agricultural - Residential AR [ NOTE Mr Roesler included vacant land in his presentation ; however it was originally omitted in the copy that was distributed ] In addition , he noted the Planning Board recommended commercial clusters around some of the heavily traveled intersections ; however these would have to be rezoned individually as requested He pointed out a large map showing the Hwy 70 corridors and adjacent properties Around the suggested intersection , circles were drawn to show property that would be considered appropriate for commercial zoning Commissioner Fred Smith pointed out the proposal that was printed and distributed did not mention vacant land , and if it is included , this would change the situation considerably for many people Richard Braswell , who lives on Hwy 70A in Princeton , stated he bought some property based on the commercial zoning , and has invested money in infrastructure to enhance the property The tract is currently vacant , and if it were to revert to AR , he would lose value He asked the Board to look at this issue more carefully before making any decision Jim Uzzle , Uzzle Industrial Drive on Hwy 70 , Clayton , agreed and noted he too has invested money toward developing his land as commercial and industrial A number of other citizens expressed a similar concern that they would lose value if their property reverted to AR Randy Summerlin , Timothy Drive , Smithfield , Charlie Edwards , US 70 West , Reba Walker , representing her mother who owns property on Hwy 70 near Wilson’s Mills Road , Payton Robbins , Avenue Road , Brogden , Charles Neal , Hwy 70 West near the Wake County line ; Edith Mason , trustee for an estate that owns property along the Hwy 70 corridor ; Randy and Steve Wood , who live out of the County but own property on Hwy 70 , Ruby Parrish , US 70 West , and Johnny Woodard , US 70 East and Braswell Road Several persons expressed the wish that their property be zoned AR so they will not be taxed for commercial zoning Marjorie Langston , US 70 and Swift Creek Road , Danny Evans from Goldsboro who owns property along 70A near Pine Level , and Mary Miller , Hickory Drive , Clayton , next to Swift Creek Road Leona Parrish , who owns a large tract on US 70 and Wilson’s Mills Road voiced concern with the fact that the entire 90 acre tract might be zoned commercial , not just the 500 within the current overlay John Miesch , Hwy 70 , Clayton , and Glen Johnson , Hwy 70 East , wanted to know how their property would be affected PagePage pageNumber6758 Commissioner Allen L Mims , Jr noted the Planning Board was looking at several issues , including the concern that if commercial development is allowed along the entire corridor , the number of driveways entering the highway will become a safety issue The Department of Transportation has improved US 70 , and it is used primarily as a main corridor for traveling through the County He pointed out the overlay was placed along the highway prior to countywide zoning , and was an effort to encourage commercial growth Now that zoning is in place , this is not needed He noted , in his opinion , it is a matter of good planning to remove the overlay , leave the existing commercial and industrial zoning as is , and leave the rest of the land AR If property owners want to rezone to commercial , the County could look at each case individually Commercial clusters around intersections with service roads would be preferable Commissioner Fred Smith pointed out the main issue is vacant land Property owners who have invested in preparing their land for commercial development would lose some of their property rights if the County were to lift the overlay and the land revert to AR By the same token , some property owners don’t want to pay additional taxes on land that is strictly residential or agricultural While it makes sense to remove the overlay , he suggested that property owners be sent a certified letter notifying them of what is about to happen , and give them a time frame during which they may come in and opt to have their property the 500 from the right of way remain zoned general business Don Hull , who owns property on Hwy 70 West near Clayton , agreed and stated the property owners should be allowed to make the decision There being no further public comment , the Chairman Closed the Public Hearing Motion to Repeal the US 70 Highway General Business Overlay Effective 3 31 02 Following discussion , Commissioner Fred Smith moved the Board take the following action A Accept the proposal from the Planning Board with amended wording to include vacant land with residential to be zoned AR B Instruct the Planning Staff to send certified letters to all affected property owners by December 31 , 2001 , informing them of the following 1 The US 70 Highway General Business Overlay , which extends 500 from the right - of - way , will be dissolved and the official zoning map will be changed , effective March 31 , 2002 2 Property owners may elect to come to the Planning Department prior to March 31 , 2002 , to request their property 500 originally designed as overlay retain the general business zoning designation Commissioner W Ray Woodall seconded the motion Discussion Commissioner Allen L Mims , Jr noted this would only involve the 500 area , and in order to have the rest of the property zoned general business , an owner would have to go through the rezoning process He recommended the Board adopt the master map which was displayed earlier and allow property owners to come in and have their entire parcels zoned in accordance Commissioner Smith suggested this would take too much time Commissioner Wade M Stewart stated his concern is for the people who own homes and will be more heavily taxed with the new revaluation Following further discussion , Commissioner Smith called the question The motion carried by the following vote Ayes James H Langdon , Jr , Cookie Pope , Wade M Stewart , Fred Smith , and W Ray Woodall Nays Allen L Mims , Jr , 5 Public Hearing Scheduled for January 14 , 2002 - Amendment to Development Ordinance - Restructure of Planning Board Commissioner Wade M Stewart moved the Board call for a public hearing in January on a proposal to restructure the Planning Board Commissioner Cookie Pope seconded the motion , which carried by unanimous vote PagePage pageNumber7759 Board Reports and Comments 6 County to Contract with Davenport , Inc for Financial Services The Chairman announced the Finance Committee has met and authorized the County Manager to sign a contract with Davenport , Inc for financial services There being no further business , Commissioner Cookie Pope 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