January 8, 2001 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 436 January 8 , 2001 7 00 pm The Johnston County Board of Commissioners met in Regular Session , Monday , January 8 , 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 , Thomas M Moore , Wade M Stewart , Allen L Mims , Jr , Fred J Smith , and W Ray Woodall Absent None Also Present Rick Hester , County Manager , Joyce H Ennis , Clerk to the Board , and Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted 1 Public Comments - No one spoke during the public comment portion of the meeting 2 Public Hearing - 7 00 pm - Rezoning Cases and Special Use Permits Advertised - 12 29 2000 and 01 05 2001 - In the Smithfield Herald - Certified letters were mailed to adjoining property owners on 12 28 and notices posted at the locations on 12 19 The Chairman opened the rezoning public hearing and invited interested persons to make comments on the following cases Case 518 Petition to rezone approximately 298 acres located on Black Creek Road SR 1162 in Ingrams Township from Agricultural Residential to General Business - Special Use District Owner Bill Joe Strickland , Applicant Denise B Strickland Assistant Planning Director , Dave Roesler , directed the Board’s attention to this property on the GIS map and noted it is located near the Town of Four Oaks ETJ area , close to Holt Lake The surrounding zoning is Agricultural Residential Applicant Denise Strickland , who lives at 11 Barbour’s Chapel Road , requested the Board approve the rezoning so she can open a convenience store on the property She noted a recent traffic count indicated there is sufficient traffic to support a business of this kind , and she has had local support from many people in the area Paula Lassiter Ricard of 2362 Black Creek Road , Four Oaks , opposed the rezoning She suggested there are not enough people in the area to support a convenience store , and noted she would not want to see anything that would attract additional traffic on the road Jimmy Barbour , who lives on Hatcher Street in Four Oaks , supported the rezoning Mr Barbour pointed out there is no other place to buy gas or stop for a snack along this road , and feels it would be convenient for people traveling out of Four Oaks in that direction Mr Roesler pointed out the County received a letter from the Town of Four Oaks supporting the application In response to a question from Commissioner Allen L Mims , Jr , it was noted this area is scheduled to be served by the proposed Elevation Water District The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 518 Case 518 Petition to rezone approximately 298 acres located on Black Creek Road SR 1162 in Ingrams Township from Agricultural Residential to General Business - Special Use District Owner Bill Joe Strickland , Applicant Denise B Strickland Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 518 for Owner Bill Joe Strickland , and Applicant Denise B Strickland of approximately 298 acres located on Black Creek Road SR 1162 in Ingrams Township from Agricultural Residential to General Business - Special Use District Page437 The Chairman opened the Public Hearing on Special Use Permit Request Those wishing to speak on Case 518 were sworn in by the Clerk to the Board Case 518 Special use permit application for a convenience store on approximately 298 acres located on Black Creek Road SR 1162 in Ingrams Township Owner Bill Joe Strickland , Applicant Denise B Strickland Mr Roesler presented the following summary of evidence on Rezoning Case # 518 A pre - application hearing was held with the applicant on September 11 , 2000 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 November 21 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and made the following recommendations The Planning Board recommended approval of rezoning to General Business - Special Use District by unanimous vote based on the following findings of fact , and with the following conditions attached Findings 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 , and all applicable provisions of Article 446 , Article 6 , Article 8 , and with all other applicable regulations 3 Would be located , designed , and operated so as to maintain or enhance the value of contiguous property ; and 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 Conditions a Gross Land Area 298 acres h Selling Gas b Number of Buildings 1 i Landscape to County Ordinance c Maximum Floor Area 5,000 square feet j Possible Grill Operations d Number of Parking Spaces 30 e Convenience Store f Operating Hours 5 am to 11 pm g Operating Days Sunday through Saturday Ms Denise Strickland explained she is considering adding a grill and operating longer hours in the future The Chairman recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 518Page438 Case 518 Special use permit application for a convenient store on approximately 298 acres located on Black Creek Road SR 1162 in Ingrams Township Owner Bill Joe Strickland , Applicant Denise B Strickland Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board authorized the Planning Board to issue a special use permit to Denise B Strickland for a convenience store on approximately 298 acres located on Black Creek Road SR 1162 in Ingrams Township based on the following findings of facts and subject to the following conditions Findings a Would be located , designed and proposed to 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 446 , Article 6 , Article 8 , and with all other applicable regulations c Would be located , designed , and operated so as to maintain or enhance the value of contiguous property ; and d 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 Conditions a Gross Land Area 298 acres g Operating Days Sunday through Saturday b Number of Buildings 1 h Selling Gas c Maximum Floor Area 5,000 square feet i Landscape to County Ordinance d Number of Parking Spaces 30 j Possible Grill Operations e Convenience Store f Operating Hours 5 am to 11 pm The Chairman re - opened the Rezoning Public Hearing Case 528 Petition to rezone approximately 105 acres located on Thompson Road SR 1150 in Ingrams Township from Agricultural Residential to General Business - Special Use District Owner and Applicant Eddie R Parrish Mr Roesler indicated the property on the GIS map and noted it is located on Thompson Road between Webb Mill Road and NC 96 The surrounding zoning is Resort Residential , General Business , Agricultural Special Use and Agricultural Residential Eddie Parrish , 301 Thompson Road , requested the Board rezone the property so he can build a new auto repair shop at his residence He explained he is having to move his business from an existing location Rachel Coats , 1630 Black Creek Road , opposed the rezoning She stated she has land on both sides of this property and feels it should remain residential She voiced concern that rezoning this property would reduce the value of her land Mr Roesler stated the Planning Board recommended denial based on numerous zoning violations on this property , including junked cars and tires , and a problem with sight distance from the driveway It was also noted that if Mr Parrish wanted to use the property for a salvage yard , the zoning would have to be Industry 2 The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 528 Case 528 Petition to rezone approximately 105 acres located on Thompson Road SR 1150 in Ingrams Township from Agricultural Residential to General Business - Special Use District Owner and Applicant Eddie R Parrish Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board denied rezoning case 528 for Eddie R Parrish of approximately 105 acres located on Thompson Road SR 1150 in Ingrams Township from Agricultural Residential to General Business - Special Use District Page439 3 Open Space Provisions - Amendment to Development Ordinance Public Hearing held November 13 , 2000 Having held a public hearing in November on this matter , the Board again discussed the County Development Ordinance , Section 44161 Minimum Common Open Space or Recreation Area Mr Roesler offered a proposed revision to the Ordinance , which would more clearly define open space Board members agreed on a few revisions to the proposal It was noted the Ordinance should give developers some choice in how they develop their property , and at the same time maintain the County’s goal of preserving at least one - half of open space in dry , usable land Following discussion , Commissioner Fred Smith moved the Board approve the following amendment to the Development Ordinance Commissioner W Ray Woodall seconded the motion 44161 Minimum Common Open Space or Recreation Area When common open space or recreational area must be provided or dedicated as part of a residential development , its total land area shall be at least 10 of the total gross land area of the development A sixty 60 foot buffer area shall be provided along the site’s frontage with an arterial or collector road as defined in the Johnston County Design Manual ; this buffer area may be counted as part of the development’s common open space requirement If a proposed development contains applicable wetlands and or riparian or stream buffer areas , they may be designated as common open space However , at least one - half of the 10 common open space dedication shall be provided outside of wetlands and riparian or stream buffer areas Commissioner Wade M Stewart noted he opposed the amendment because he does not believe the open space requirement is necessary He maintained the County has 58,000 acres designated as flood plain , and in his opinion , that is enough open space He stated his concern with this set aside land in developments is that it will only be used as long as children are in the subdivision Once they grow up and the neighborhood has only older residents , the land may not be properly maintained Commissioner Thomas M Moore agreed , but noted he would support the amendment because he feels this is an improvement to what the County currently has in place He pointed out the main focus in having open space is to preserve water sources and improve the quality of water The motion carried by the following vote Ayes James H Langdon , Jr , Cookie Pope , Thomas M Moore , Allen L Mims , Jr , W Ray Woodall and Fred Smith Nays Wade M Stewart 4 Policy on Partial Payment - in - Lieu for Open Space Dedication Mr Roesler asked the Board for direction in the form of a policy for determining partial land dedication or partial payments in lieu for open space He suggested a fee of 400 per lot of entire development where the land dedication is 50 or more , and 800 per lot of entire development where the land dedication is less than 50 He noted this would be easy to administer and still provide flexibility to the developer It should also provide a base fund sufficient to purchase additional open space land Commissioner Fred J Smith asked how wetlands , riparian and or stream buffers would be considered in this policy Could a partial set aside of land be any kind of land He suggested this issue needs to be clarified in order to give staff guidance Commissioner Thomas M Moore asked how this policy would affect the required 60 buffer on a site’s frontage when located on an arterial or collector road Discussion ensued and members of the development community in the audience were invited to comment Developer Sonny Johnson from the Cleveland Community stated he would not have a problem with whatever the Board decides about counting wetlands for a partial land dedication , as long as they have a policy so the developers know what to expect Concerning the 60 front buffer requirements for property on an arterial or collector road , Mr Johnston stated more clarification is needed He noted that open space is good and sometimes needed , but since each subdivision is different , it is not always easy for developers to provide He liked the idea of having an option with the payment in lieu PagePage pageNumber5440 Attorney Mark Payne stated the way the ordinance is written , as he interprets it , the 60 front buffer on arterial collector roads is mandatory , regardless of other factors Commissioner Fred J Smith stated , in his opinion , for the County to have the best possible development , at least one - half of the property set aside for open space should be usable dry land He pointed out the developer never has to pay the 800 as it is a matter of choice , not a requirement Bruce Nichols , who lives at 1340 Little Creek Church Road , asked who determined the 800 fee in lieu Mr Roesler responded that staff researched the matter and found out how other governmental entities determine this Based on a widely used formula , it was determined the per lot fee in Johnston County , should be between 600 and 1000 Staff chose 800 as a fair compromise Following further discussion , Commissioner Fred J Smith moved the Board approve the policy as recommended , and interpret the policy to mean that at all times , no more than 50 of the required open space can be wetlands , riparian or stream buffers Commissioner W Ray Woodall seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Cookie Pope , Thomas M Moore , Allen L Mims , Jr , W Ray Woodall and Fred Smith Nays Wade M Stewart 5 Public Hearing Scheduled - Development Ordinance Required 60 Buffer on Arterial Roads The Board called for a public hearing on February 12 , 2001 , following the regularly scheduled rezoning hearing for the purpose of discussing the Development Ordinance’s requirement of a 60 buffer along a site’s frontage when located on an arterial or collector road 6 Citizen Complaint Larry Crocker of 135 Ray Drive in Smithfield stated he has purchased five acres of farm land and plans to build a house on the property He has had trouble getting a land use permit and asked for an explanation on the 60 required buffer Mr Roesler explained the property Mr Crocker has purchased was split through a will and has no map recorded He can not record a deed as a split of property without a recorded map Peter Brennan , Jr of Kensington Court in Clayton stated he surveyed the land for Mr Crocker The previous owner’s uncle had it improperly subdivided Now the Subdivision Ordinance requirement of the 60 buffer has made it impossible to assess the property correctly to match the deed Following further discussion , Attorney Mark Payne noted the 60 buffer does not apply to a minor subdivision and suggested Mr Crocker meet with staff to work out a solution to this situation 7 Proposed Zoning Atlas Changes Mr Roesler noted the Board held a public hearing on September 11 , 2000 on zoning map amendments A decision was postponed on boundary changes for the Interstate Highway Interchange Districts to give staff time to notify all property owners The proposed changes were primarily an effort to use significant physical features and existing property lines as boundaries instead of the previously drawn arc on property that is accessible by way of the Interstate Interchange road network He stated that staff has contacted all parties involved , and only one property owner asked that her property be excluded He again went over the proposed changes Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board amended the zoning atlas as presented 8 Appointments - Postponed from the January 2 , 2001 Meeting Industrial Development Commission Commissioner Wade M Stewart moved the Board appoint Ernie Ward as the Selma representative , and reappoint J D Solomon as the Clayton representative to the Industrial Development Commission to serve two year terms to expire January 2003 Commissioner Stewart further moved the Board waive the advertisement policy and appoint Robert A Sutton to fill an unexpired at - large term to expire December 2001 Commissioner Cookie Pope seconded the motion , which carried by unanimous vote PagePage pageNumber6441 Planning Board Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board made the following appointments for new positions to the Johnston County Planning Board J L Skip Browder appointed as regular voting member for three year term to expire January 2004 Melody B Stancil appointed as regular voting member for four year term to expire January 2005 Dan Mansell appointed as alternate member for three year term to expire January 2004 William Odell Edwards appointed as alternate member for four year term to expire January 2005 Johnston County Transportation Committee Chairman James H Langdon , Jr appointed Commissioner Fred J Smith to serve as Commissioner representative on the County Transportation Committee Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board reappointed Franklin Price to the County Transportation Committee for a two year term to expire January 2003 , and instructed the Clerk to re - advertise the at - large position previously held by Commissioner Smith Criminal Justice Partnership Advisory Board Upon a motion by Commissioner Fred J Smith , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board appointed Delores Mapp to the Criminal Justice Partnership Advisory Board to serve a two year term to expire January 2003 9 Tax Request Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board agreed to compromise the penalties on the Novo Nordisk tax discovery , as requested by the Interim Tax Administrator 10 Legislative Meeting - Letter From Rowan County Concerning County Taxing Authority The Board discussed a request from Rowan County to individually request and support legislative approval for additional taxing authority for counties Chairman Langdon noted this will be a legislative goal presented by the NCACC at the upcoming goals conference , and he would personally recommend supporting the Association in their efforts Commissioner Thomas M Moore agreed and pointed out this would only give counties the authority to go to the voters by referendum The people would have the choice of deciding whether they would favor a one - cent sales tax or other options He noted some counties already have that authority , and the Association will be asking for all counties to be treated alike 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