November 12, 2001 - 7:00 pm - County Board of Commissioners Meeting Minutes (Special Meeting)

10 716 November 12 , 2001 Special Meeting The Johnston County Board of Commissioners met in special session on Monday , November 12 , 2001 at 6 30 pm in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina , for the purpose of holding a public hearing on a proposed amendment to the Johnston County Development Ordinance Those present were Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , Fred Smith and W Ray Woodall Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , and J Mark Payne , County Attorney 1 Public Hearing - Proposed Amendment to Development Ordinance - Article 5 , Sec 105 Advertised - The Smithfield Herald - 10 19 01 and 10 26 01 The Chairman opened the public hearing and invited anyone who wished to address the Board on the proposed amendment to Article 5105 concerning the number of residential driveways allowed into local roads in major subdivisions Assistant Planning Director , Dave Roesler , briefly reviewed with the Board the proposed amendment He noted the ordinance addresses driveway access on arterial and collector roads ; however , there are no restrictions on local roads , many of which could someday become heavily traveled The proposed amendment would limit driveways to 500 intervals , and would have a proviso for waiving this requirement if the developer or owner could show that the subdivision could not be physically designed or there was no reasonable alternative to having individual driveway access onto the road He noted this is a farsighted approach for the future W R Lambert of Benson opposed the amendment and stated , in his opinion , this would be too restrictive Linwood Jones with Southwind Surveying and Engineering voiced his belief that the proposal would be detrimental to farmers who wish to subdivide their land , as it would eliminate some of their road frontage He noted the average lot is 105 to 130 , which would mean there could only be one driveway access for five lots He suggested if change is needed , the County might want to look at what is considered collector or arterial roads He pointed out every situation in developing land is unique and should be dealt with individually Jim Jenkins of Four Oaks , chairman of the planning board , stated he served on a committee appointed by the previous chairman to look at this issue Based on the average size lot , the way the ordinance is now , there could be as many as 104 driveways per mile entering into a local road , 52 on each side The committee found that developers usually sell the road front lots first , then build interior roads for the rest of a subdivision This would encourage entry ways for subdivisions , which would look better and would create less traffic problems in the future He noted the proposal was written to allow exceptions if necessary There being no further comments , the Chairman closed the public hearing Commissioner Thomas M Moore stated , in his opinion , this is not necessary and will be a burden on the farmers He agreed with Mr Jones that the County should look at county roads to determine whether they might become collector or arterial roads in the future He voiced his feeling that additional restrictions on the land end up costing the consumer Commissioner Allen L Mims , Jr questioned whether the County can determine which roads will grow He noted with so many driveways , the speed limits would have to be lowered and people do not want to drive through Johnston County at 35 mph He noted this amendment is good planning and allows for a waiver of the restrictions in unique situations He voiced his support Commissioner Fred Smith agreed but suggested that additional wording be added to allow for a hardship provision where there is no corresponding public benefit He pointed out some roads will never have much traffic Page717 Commissioner Mims stated he would have no problem with that addition , as long as it is understood that the Planning Board would make the final decision Attorney Mark Payne agreed Decision On Proposed Amendment to Development Ordinance - Article 5 , Sec 105 Commissioner Allen L Mims moved the Board approve the following amendment to the Johnston County Development Ordinance ADD following paragraph at the end of Section 105 of Article 5 Major subdivisions to be located on a local road shall be so designed that there shall be no more than one direct residential driveway connection per five hundred 500 along the same side of the local road , unless it can be demonstrated that the proposed subdivision cannot be physically designed , that no reasonable alternative exists , or it would create an unreasonable hardship without a corresponding public benefit to prohibit individual driveway access onto a local road Commissioner Wade M Stewart seconded the motion , which carried by the following vote Ayes Cookie Pope , Wade M Stewart , Allen L Mims , Jr , Fred Smith and Ray Woodall Nays James H Langdon , Jr and Thomas M Moore Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board adjourned the special session November 12 , 2001 7 00 pm - Regular Meeting The Johnston County Board of Commissioners met in regular session , Monday , November 12 , 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 , Thomas M Moore , 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 There were no public comments 1 Public Hearing - 7 00 pm - Rezoning Cases and Special Use Permits Advertised Smithfield Herald 11 02 01 & 11 09 01 Certified Letters Sent 11 01 01 & Property Posted 10 29 01 The Chairman opened the rezoning public hearing and invited anyone who wished to comment on the following cases Case 563 Petition to rezone approximately 3285 acres located on King Mill Road in Elevation Township from Agricultural Residential to Industrial 2 - Special Use District Owners and Applicants Terry Parker and Kathy Parker Assistant Planning Director , Dave Roesler , explained this acreage is actually in three separate parcels owned by the Parkers The surrounding zoning is agricultural residential and one community business Dean Barbour , who lives at 3346 King Mill Road , favored the rezoning and noted it is a good use of the land in his opinion Page718 Owner and applicant , Terry Parker , stated this property has no other use , and is suitable for a land clearing inert debris landfill according to soil scientists and the Corps of Engineers He stated that CT Clayton , who helped design the landfill , was present and would answer any questions the Board might have Mr Roesler noted the Planning Board recommended approval by unanimous vote The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 563 Case 563 Petition to rezone approximately 3285 acres located on King Mill Road in Elevation Township from Agricultural Residential to Industrial 2 - Special Use District Owners and Applicants Terry Parker and Kathy Parker Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 563 for owners and applicants , Terry Parker and Kathy Parker of approximately 3285 acres located on King Mill Road in Elevation Township from Agricultural Residential to Industrial 2 - Special Use District The Chairman Opened the Public Hearing on Special Use Permit Request Those wishing to speak on Case 563 were sworn in by the Clerk to the Board Case 563 Special use permit application for a land clearing inert debris , mulching of materials on approximately 3285 acres located on King Mill Road SR 1334 in Elevation Township Owners and Applicants Terry Parker and Kathy Parker Mr Roesler presented the following summary of evidence on Rezoning Case # 563 A pre - application hearing was held with the applicant on June 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 September 18 , 2001 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by unanimous vote , approval of rezoning to Industrial II - Special Use District , and recommended a special use permit based on the following findings of fact and conditions Findings of fact 1 The use of the development will be located , designed and proposed to be operated so as to maintain or promote the public health , safety , and general welfare 2 The use of the development complies with all required use and intensity regulations of Article 4 , and 8 , and the applicable specific standards contained in Sections 67 and 68 of the Johnston County Development Ordinance and with all applicable regulations ;Page719 3 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 ; and 4 The use or development conforms with general plans for the physical development of the County’s planning jurisdiction as embodied in the Johnston County Development Ordinance , the Johnston County Strategic Plan , or other development policies as adopted by the Board of Commissioners Special Conditions 1 The site plan to be approved by the County Commissioners be amended to reflect existing vegetation along the common North property line with the Lassiter’s property and that a note on this site plan state that the existing vegetation in that location would not be disturbed 2 Operation of this use be limited to hours as follows Monday - Friday 7 00 am - 7 00 pm Saturday 7 00 am - 4 00 pm Sundays & National Holidays Closed Mr Roesler noted a great deal of field work has been done by Mr Parker and the State to determine how best to utilize the land for a land clearing and debris operation The acreage is actually from three different parcels , with each portion designated for a specific activity Dean Barbour stated the only thing north of the property is a hog lagoon , and reiterated that in his opinion , this is a good use of the land Terry Parker thanked the Board for their consideration of this special use permit He noted there would be no additional traffic as this landfill would be for private use only The Chairman Recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 563 Case 563 Special use permit application for a land clearing inert debris landfill , mulching of materials on approximately 3285 acres located on King Mill Road SR 1334 in Elevation Township Owners and Applicants Terry Parker and Kathy Parker Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to owners and applicants , Terry Parker and Kathy Parker for a land clearing inert debris landfill , and mulching of material on approximately 3285 acres located on King Mill Road SR 1334 in Elevation Township based on findings of fact and subject to the following conditions Findings of fact 1 The use of the development will be located , designed and proposed to be operated so as to maintain or promote the public health , safety , and general welfare 2 The use of the development complies with all required use and intensity regulations of Article 4 , and 8 , and the applicable specific standards contained in Sections 67 and 68 of the Johnston County Development Ordinance and with all applicable regulations ; 3 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 ; and 4 The use or development conforms with general plans for the physical development of the County’s planning jurisdiction as embodied in the Johnston County Development Ordinance , the Johnston County Strategic Plan , or other development policies as adopted by the Board of Commissioners Special Conditions 1 The site plan to be approved by the County Commissioners be amended to reflect existing vegetation along the common North property line with the Lassiter’s property and that a note on this site plan state that the existing vegetation in that location would not be disturbed 2 Operation of this use be limited to hours as follows Monday - Friday - 7 00 am - 7 00 pm Saturday - 7 00 am - 4 00 pm Sundays & National Holidays - ClosedPagePage pageNumber5720 The Chairman Re - Opened the Rezoning Public Hearing Case 567 Petition to rezone approximately 66 acres located on Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential to Interstate Highway District Owner W D Parker , Jr , Applicant Robert O Mitchell Mr Roesler explained that part of this parcel is already in the Interstate Highway District The surrounding zoning is Agricultural Residential and Commercial Business Applicant Robert Mitchell stated the property is located across from Carolina Builders and S T Wooten Company Public sewer and water are available , as well as other utilities He noted that due to the growth in the area , the land is not suitable for residential Mr Roesler stated the Planning Board recommended approval by a vote of 7 to 1 The Chairman Closed the Rezoning Public Hearing Decision on Rezoning Case 567 Case 567 Petition to rezone approximately 66 acres located on Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential to Interstate Highway District Owner W D Parker , Jr , Applicant Robert O Mitchell Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved rezoning case 567 for owner , W D Parker , Jr and applicant , Robert O Mitchell of approximately 66 acres located on Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential to Interstate Highway District 3 Cases 552 and 566 - Heard in Previous Public Hearings - Decisions Tabled in October Following Public Hearings Case 552 Petition to rezone approximately 303 acres located on NC 42 East in Wilders Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Peggy Flowers , Applicant Atlantic Site Development for Nextel Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board removed the decision on case 552 from the table Jerry Eatman , counsel for Nextel , advised the Board that as requested last month , the applicant has submitted information to the County’s consultant and discussed the issue with the property owners in the area As a result , the site has been moved on the same parcel approximately 500 feet south of Hwy 42 to minimize the visual impact He reported the consultant told them he would support the case based on need and the lack of other options He introduced Jay Ramsey who works for Atlantic Site Development Services and Graham Herring , real estate broker Mr Ramsey stated he met with Ms Becky Flowers and showed her the search area that was designated for a tower The two of them looked at the area , and Ms Flowers indicated she did not have property that she would feel better about Mr Herring stated , in his opinion , the new location would not create a loss of property value or impede development in the area Mr Ramsey and Mr Herring handed out additional information concerning their findings Board members noted they had received no information from Mr Monroe , the consultant , on this case The County Manager left the meeting briefly to contact Mr Monroe When he returned , he reported Mr Monroe did give a favorable recommendation Becky Flowers , property owner and developer in the area , stated she was still opposed to the tower at the suggested location She presented a certified appraiser , Steve Williams , who indicated the cell tower near the entrance of a proposed development would affect the overall value Jimmy Flowers stated he plans to develop the property adjacent to the site , and feels the tower would adversely impact his development PagePage pageNumber6721 Decision on Rezoning Case 552 Again Tabled Following discussion , Commissioner Thomas M Moore moved the Board deny rezoning case 552 The motion failed for lack of a second Commissioner Wade M Stewart moved the Board approve rezoning case 552 This motion also failed for lack of a second Chairman Langdon recommended this decision again be tabled until the Board takes some action on a proposed amendment to the Development Ordinance concerning telecommunications towers Commissioner Fred Smith moved the Board table this decision until a meeting designated by the Chairman Commissioner Allen L Mims , Jr seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Cookie Pope , Allen L Mims , Jr , Wade M Stewart , Fred Smith , and W Ray Woodall Nays Thomas M Moore NOTE Later in the meeting , a decision on this case was scheduled for the December 3 , 2001 Board meeting Decision On Application For Modification Of Special Use Permit Case # 566 Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board agreed to take the motion off the table Case 566 Seeking a modification of special use on approximately 45 acres located on Wood’s Crossroads Road SR 1005 in Meadow Township Telecommunications Tower , 09G13035 Owners George Massengill and Sylvia Massengill , Applicant SBA Properties , Inc , Michael Hicks Reference minutes Case 546 decision June 11 , 2001 , Book 22 , p 598 Attorney Gray Styers , representing SBA Properties , offered for the Board’s consideration the favorable report from Consultant , Rusty Monroe , concerning the need for Triton PCS to locate at this site Jim Cinnamon , project manager for Triton , stated his company is thinking about the future in making sure they have an overlap on their cell tower coverage to accommodate heavy usage Commissioner Wade M Stewart discussed the fact this is located in the middle of a cleared field , and noted he would prefer to see these tower sites in wooded areas Following discussion , Commissioner Fred Smith moved the Board approve Special Use Case 566 for a modification of a special use permit originally approved June 11 , 2001 as Case 546 , for SBA Properties , Inc , by eliminating condition # 6 requiring a signed contract between SBA Properties and Nextel before the tower could be constructed Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Ref Minutes of June 11 , 2001 book 22 , p 598 4 Call for Public Hearing - Proposed Amendments to Development Ordinance - Article 454 , Watershed Protection and Article 6 , Sub - Section C , Code Enforcement Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board scheduled a public hearing for Monday , December 10 , 2001 , to hear public comment on the proposed amendments to the County Development Ordinance - Article 454 , Watershed Protection and Article 6 , Sub - Section C , Code Enforcement The hearing will be held following the regular scheduled rezoning and special use hearings 5 Call for Public Hearing - Proposed Amendment to Zoning Atlas , US 70 General Business Overlay Zoning District Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board scheduled a public hearing for Monday , December 10 , 2001 to hear public comment on the proposed amendment to the Zoning Atlas , US 70 General Business Overlay Zoning District The hearing will be held following the regular scheduled rezoning and special use hearings and a hearing on amendments to the Development Ordinance PagePage pageNumber7722 6 Call for Public Hearing - Proposed County Thoroughfare Plan Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board scheduled the public hearing on the Proposed County Thoroughfare Plan for the January 14 , 2002 evening meeting 7 Report from Staff on Stakeholders Meeting Concerning Permits for Cellular Towers Mr Roesler reported a stakeholders meeting was held on the proposed amendment to the County Development Ordinance concerning special use permits for telecommunications towers The stakeholders offered suggested changes to the proposal When staff reviews these changes , they will make a recommendation to the Board The Commissioners agreed to consider this matter at their December 3 , 2001 meeting 8 Tax - Exempt Loan - Elevation Fire Department Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved the following tax exempt loan for the Elevation Fire Department in the amount of 128,42000 to purchase a new fire truck NOW , THEREFORE , BE IT HEREBY RESOLVED that the Board of Commissioners of Johnston County , North Carolina , does hereby approve a tax exempt loan to the Elevation Volunteer Fire Department , Inc the “ VFD ” , from United Financial of NC , Inc in the principal amount of 128,42000 , which is loaned for the following purpose The purchase by the VFD of an EVI light fire rescue apparatus on a F550 2001 Ford chassis The VFD will be maintained at the following address 4299 Elevation Road , Benson , NC 27504 Board Reports and Comments lt; The Board briefly discussed the need to look at Fire District Taxes lt; Attorney Mark Payne informed the Board that Johnston County Cable has been paying the 10,000 per month on past - due franchise fees , and when prompted , they are paying their current fees as well 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