December 11, 2000 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 404 December 11 , 2000 7 00 pm The Johnston County Board of Commissioners met in Regular Session , Monday , December 11 , 2000 , 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 Public Comments - No one spoke during the public comment portion of the meeting 1 Public Hearing - 7 00 pm - Rezoning Cases and Special Use Permits Advertised - 12 01 and 12 08 - In the Smithfield Herald - Certified letters mailed to adjoining property owners on 11 30 and notices posted at the locations on 11 28 The Chairman opened the rezoning public hearing and invited interested persons to make comment on the following cases Case 516 Petition to rezone two parcels totaling approximately 371 acres located at the intersection of Church Road SR 1520 and NC 50 in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District Owners and Applicants Foriest Mills and Teresa Mills Agent Glenda Talton , ReMax Southland Realty Planning Director , Cal Genereux , pointed out the property on the GIS map and noted it is located near McGee's Crossroads The surrounding zoning is Agricultural - Residential and General Business The applicant does not wish to apply for a special use permit until a purchaser or developer determines a use for the tract The Planning Board recommended approval of this rezoning The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 516 Case 516 Petition to rezone two parcels totaling approximately 371 acres located at the intersection of Church Road SR 1520 and NC 50 in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District Owners and Applicants Foriest Mills and Teresa Mills Agent Glenda Talton , ReMax Southland Realty Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved rezoning case 516 for Foriest Mills and Teresa Mills of approximately 371 acres located at the intersection of Church Road SR 1520 and NC 50 in Pleasant Grove Township from Agricultural Residential to General Business Special Use District The Chairman re - opened the Rezoning Public Hearing Case 517 Petition to rezone approximately 227 acres located on Medlin Road SR 1715 in Wilders Township from Agricultural Residential to Agricultural Residential - Special Use District Owners and Applicants Karen E Harrison and James W Harrison Mr Genereux indicated the property on the GIS map and noted it is located near the Wake County line , north of the new Riverwood School The surrounding zoning is primarily Agricultural Residential Applicant Karen Harrison provided the Board with a packet of information on Trinity Place , the alternative home and school for boys that she and her husband wish to establish on the property ShePage405 explained this would be a non - denominational , non - profit , residential school for boys ten to seventeen who are having problems The goal of the program would be to reach these children early and prevent juvenile delinquency These would not be criminals , and they would be fully supervised , 24 hours a day They would be working with counselors , who would work not only with the boys but with family members also They would not be allowed to leave the premises during the week , but would go home on weekends Ron Bales , who lives on Medlin Road behind the property , voiced concern with security issues and overall safety for the neighborhood He suggested house parents would not be able to restrain older boys Sherry Ross , adjacent property owner , stated she has a young baby and would be afraid for her family's safety Beth Brooks , who lives to the right of the property , stated the facility would be in close proximity of her back yard She too has children and voiced concern for safety Walter Day , property owner who lives directly behind the parcel , agreed with the need for this type of project , but suggested another location away from a residential area might be better He directed a number of questions to Ms Harrison concerning their plans In response to the questions , Ms Harrison noted that counselors would choose the boys that would be suitable for this type of program , only after a thorough psychological evaluation Eric O'Neal , who lives on Medlin Road down from the property , stated this property was previously the Raleigh Rescue Mission , which had the support of the community He suggested it might have been better if the community had been involved in this project Ms Harrison responded she and her husband would welcome community help Shaun Dublin , resident of Knightdale who works in the local court system , supported the request and noted Johnston County needs a place like this to help troubled children Mr Genereux stated the Planning Board recommended denial The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 517 Case 517 Petition to rezone approximately 227 acres located on Medlin Road SR 1715 in Wilders Township from Agricultural Residential to Agricultural Residential - Special Use District Owners and Applicants Karen E Harrison and James W Harrison Commissioner Fred Smith moved the Board deny rezoning case 517 for Karen E Harrison and James W Harrison of approximately 227 acres located on Medlin Road SR 1715 in Wilders Township from Agricultural Residential to Agricultural Residential - Special Use District Commissioner Allen L Mims , Jr seconded the motion Discussion In discussion , Commissioner Smith and Commissioner Mims commended the Harrisons for their willingness to provide this much needed service in the County , but suggested a different location would be better suited for the project Commissioner Thomas M Moore stated past experience with a similar project has led him to believe there would be no serious threat to the neighbors Following discussion , the motion carried by the following vote Ayes James H Langdon , Jr , Cookie Pope , Allen L Mims , Jr Wade M Stewart , W Ray Woodall and Fred Smith Nays Thomas M Moore The Chairman re - opened the Rezoning Public Hearing - He announced that since the next three cases have the same applicant and are similar in nature , the Board would hear the rezoning requests for all three before opening the special use permit hearing Case 519 Petition to rezone approximately 450 acres located on US Highway701 in Ingrams Township from Agricultural Residential to Agricultural Residential - Special UsePage406 District Owner W Terry Barefoot ; Applicant SBA , Inc , C O Randy Mundt Assistant Planning Director , Dave Roesler , pointed out the property on the GIS map and noted it is located near the intersection of US 701 and Peach Orchard Road The surrounding zoning is general business , Light Industry Special Use and Agricultural Residential Attorney Gray Styers , representing the applicant , SBA , Inc , presented information concerning the three sites before the Board , which his company is considering for location of cellular telecommunication towers He noted this site , owned by W Terry Barefoot , is well away from the highway and already has landscaping in place The actual location would be surrounded by trees and far away from any residence He offered to answer any questions the Board might have He noted the appraiser's report on the property shows there would be no adverse impact on the value of the surrounding zoning Mr Roesler stated the Planning Board recommended approval of this rezoning The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 519 Case 519 Petition to rezone approximately 450 acres located on US Highway 701 in Ingrams Township from Agricultural Residential to Agricultural Residential - Special Use District Owner W Terry Barefoot ; Applicant SBA , Inc , C O Randy Mundt Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 519 for SBA , Inc of approximately 450 acres located on US Highway 701 in Ingrams Township from Agricultural Residential to Agricultural Residential - Special Use District The Chairman reopened the Rezoning Public Hearing Case 520 Petition to rezone approximately 450 acres located on NC 39 North in O'Neals Township from Agricultural Residential to Agricultural Residential - Special Use District Owners Talmadge Vann Heirs ; Applicant SBA , Inc , C O Randy Mundt Mr Roesler indicated the property on the GIS map and noted it is located near the Nash and Wake County lines The surrounding zoning is Agricultural Residential and General Business Attorney Gray Styers addressed the Board on the location of a telecommunications tower and noted that no other cellular tower is within five miles This site would be well away from the road and will provide needed wireless coverage in that area Mr Roesler stated the Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 520 Case 520 Petition to rezone approximately 450 acres located on NC 39 North in O'Neals Township from Agricultural Residential to Agricultural Residential - Special Use District Owners Talmadge Vann Heirs ; Applicant SBA , Inc , C O Randy Mundt Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved rezoning case 520 for SBA , Inc of approximately 450 acres located on NC 39 North in O'Neals Township from Agricultural Residential to Agricultural Residential - Special Use District The Chairman re - opened the Rezoning Public Hearing Case 521 Petition to rezone approximately 545 acres located on Hood Grove Church Road SR 1135 in Bentonville Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Thelma K Johnson ; Applicant SBA , Inc , C O Randy Mundt Page407 Mr Roesler pointed out this site on the GIS map and noted it is located near the Sampson County line close to US 701 and Interstate 40 Mr Styers presented information on this location and noted this site , too , is located away from other structures in a remote area In response to a comment from Commissioner Allen L Mims , Jr , he stated that SBA uses monopoles when economically feasible The appraisal shows this site , like the other two , will have no adverse impact on the surrounding properties In response to a comment from Commissioner Fred J Smith , Mr Styers stated SBA is one of four tower companies that provide space for multiple cellular providers Mr Roesler stated the Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing Decision of Rezoning Case 521 Case 521 Petition to rezone approximately 545 acres located on Hood Grove Church Road SR 1135 in Bentonville Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Thelma K Johnson ; Applicant SBA , Inc , C O Randy Mundt Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 521 for SBA , Inc of approximately 545 acres located on Hood Grove Church Road SR 1135 in Bentonville Township from Agricultural Residential to Agricultural Residential - Special Use District The Chairman opened the Public Hearing on Special Use Permit Request Those wishing to speak on Case 519 , 520 and 521 were sworn in by the Clerk to the Board Mr Roesler introduced all three cases and Mr Styers asked that his previous comments be accepted for the record as affirmed under oath Case 519 Special use permit application for a telecommunications tower on approximately 450 acres located on US Highway 701 in Ingrams Township from Agricultural Residential to Agricultural Residential - Special Use District Owner W Terry Barefoot ; Applicant SBA , Inc , C O Randy Mundt Mr Roesler presented the following summary of evidence on Rezoning Case # 519 A pre - application hearing was held with the applicant on September 9 , 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 accordancePagePage pageNumber5408 with the requirements of the North Carolina General Statutes On October 17 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and made the following recommendations Approval of rezoning to Agricultural Residential - Special Use District for a telecommunications tower Their decision was based on the following findings of fact , with the following conditions attached Findings of facts 1 Located , designed and proposed to operate so as to maintain or promote the public , health , safety , and general welfare 2 Comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations 3 Located , designed , and operated so as to maintain or enhance the value of contiguous property 4 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 1 This Special Use Permit approves Gross Land Area 450 acres Number of buildings 5 Equipment storage Maximum Floor Area 750 square feet 2 Prior to submitting an application for Site Plan approval , the approved Special Use Permit be recorded in the Register of Deeds of Johnston County 3 A detailed Site Plan be approved by the Planning Department prior to the issuance of a Land Use Permit 4 A Stormwater Management Plan , if applicable , shall be submitted with the application for a Site Plan Approval and approved by the County Stormwater Administration prior to the issuance of a Land Use Permit 5 Plans for a driveway connection s , or for improvements to State maintained road s , be approved by NCDOT prior to the issuance of a Land Use Permit 6 Communications tower be made accessible for co - location of communications equipment by others 7 Communications tower to be so located to provide for a " fall - zone " that would assure that no structure s on adjacent property be damaged if the tower should collapse or fall 8 Within six 6 months of the abandonment of the tower , or all equipment located on the tower , the tower and all support or accessory ground facilities shall be removed 9 Construction to start within twenty - four 24 months from the date of approval of this Special Use Permit ; and that a Certificate of Occupancy and Compliance be issued within thirty - six 36 months of the approval of this Special Use Permit 10 Changes Additions by Board of County Commissioners Case 520 Special use permit application for a telecommunications tower on approximately 450 acres located on NC 39 North in O'Neals Township from Agricultural Residential to Agricultural Residential - Special Use District Owners Talmadge Vann Heirs ; Applicant SBA , Inc , C O Michael Hicks Mr Roesler presented the following summary of evidence on Rezoning Case # 520 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 usedPagePage pageNumber6409 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 17 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and made the following recommendations Approval of rezoning from Agricultural Residential to Agricultural Residential - Special Use District for a telecommunications tower Their decision was based on the following findings of facts , with the following conditions attached Findings of facts 1 Located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 Comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations 3 Located , designed , and operated so as to maintain or enhance the value of contiguous property 4 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 1 This Special Use Permit approves Gross Land Area 450 acres Number of buildings 6 Equipment storage Maximum Floor Area 900 square feet 2 Prior to submitting an application for Site Plan approval , the approved Special Use Permit be recorded in the Register of Deeds of Johnston County 3 A detailed Site Plan be approved by the Planning Department prior to the issuance of a Land Use Permit 4 A Stormwater Management Plan , if applicable , shall be submitted with the application for a Site Plan Approval and approved by the County Stormwater Administration prior to the issuance of a Land Use Permit 5 Plans for a driveway connection s , or for improvements to State maintained road s , be approved by NCDOT prior to the issuance of a Land Use Permit 6 Communications tower be made accessible for co - location of communications equipment by others 7 Communications tower to be so located to provide for a " fall - zone " that would assure that no structure s on adjacent property be damaged if the tower should collapse or fall 8 Within six 6 months of the abandonment of the tower , or all equipment located on the tower , the tower and all support or accessory ground facilities shall be removed 9 Construction to start within twenty - four 24 months from the date of approval of this Special Use Permit ; and that a Certificate of Occupancy and Compliance be issued within thirty - six 36 months of the approval of this Special Use Permit 10 Changes Additions by Board of County Commissioners Case 521 Special use permit application for a telecommunications tower on approximately 545 acres located on Hood Grove Church Road SR 1135 in Bentonville Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Thelma K Johnson ; Applicant SBA , Inc , C O Randy Mundt Mr Roesler presented the following summary of evidence on Rezoning Case # 521 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 PagePage pageNumber7410 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 17 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and made the following recommendations Approval of rezoning from Agricultural Residential to Agricultural Residential - Special Use District for a telecommunications tower Their decision was based on the following findings of fact , with the following conditions attached Findings of facts 1 Located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 Comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations 3 Located , designed , and operated so as to maintain or enhance the value of contiguous property 4 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 1 This Special Use Permit approves Gross Land Area 546 acres Number of buildings 6 Equipment storage Maximum Floor Area 900 square feet 2 Prior to submitting an application for Site Plan approval , the approved Special Use Permit be recorded in the Register of Deeds of Johnston County 3 A detailed Site Plan be approved by the Planning Department prior to the issuance of a Land Use Permit 4 A Stormwater Management Plan , if applicable , shall be submitted with the application for a Site Plan Approval and approved by the County Stormwater Administration prior to the issuance of a Land Use Permit 5 Plans for a driveway connection s , or for improvements to State maintained road s , be approved by NCDOT prior to the issuance of a Land Use Permit 6 Communications tower be made accessible for co - location of communications equipment by others 7 Communications tower to be so located to provide for a " fall - zone " that would assure that no structure s on adjacent property be damaged if the tower should collapse or fall 8 Within six 6 months of the abandonment of the tower , or all equipment located on the tower , the tower and all support or accessory ground facilities shall be removed 9 Construction to start within twenty - four 24 months from the date of approval of this Special Use Permit ; and that a Certificate of Occupancy and Compliance be issued within thirty - six 36 months of the approval of this Special Use Permit 10 Changes Additions by Board of County Commissioners The Chairman recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 519PagePage pageNumber8411 Case 519 Special use permit application for a telecommunications tower on approximately 450 acres located on US Highway 701 in Ingrams Township from Agricultural Residential to Agricultural Residential - Special Use District Owner W Terry Barefoot ; Applicant SBA , Inc , C O Randy Mundt Upon a motion by Commissioner Cookie Pope seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board authorized the Planning Board to issue a special use permit to SBA , Inc for a telecommunications tower on approximately 450 acres located on US Highway 701 in Ingrams Township from Agricultural Residential to Agricultural Residential - Special Use District , based on the following findings of facts and subject to the conditions recommended by the Planning Board , which are listed above for this case Findings of facts 1 Located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 Comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations 3 Located , designed , and operated so as to maintain or enhance the value of contiguous property 4 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 Decision on Application for Special Use Permit - Case 520 Case 520 Special use permit application for a telecommunications tower on approximately 450 acres located on NC 39 North in O'Neals Township from Agricultural Residential to Agricultural Residential - Special Use District Owners Talmadge Vann Heirs ; Applicant SBA , Inc , C O Michael Hicks Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Thomas M Moore , and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to SBA , Inc , for a telecommunications tower located on approximately 450 acres located on NC 39 North in O'Neals Township from Agricultural Residential to Agricultural Residential - Special Use District based on the following findings of facts and subject to the conditions recommended by the Planning Board , which are listed above for this case Findings of facts 1 Located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 Comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations 3 Located , designed , and operated so as to maintain or enhance the value of contiguous property 4 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 Decision on Application for Special Use Permit - Case 521 Case 521 Special use permit application for a telecommunications tower on approximately 545 acres located on Hood Grove Church Road SR 1135 in Bentonville Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Thelma K Johnson ; Applicant SBA , Inc , C O Randy Mundt 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 SBA , Inc for a telecommunications tower on approximately 545 acres located on Hood Grove Church Road SR 1135 in Bentonville Township from Agricultural Residential to Agricultural Residential - Special Use District , based on the following findings of facts and subject to conditions recommended by the Planning Board , which are listed above Findings of facts PagePage pageNumber9412 1 Located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 Comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations 3 Located , designed , and operated so as to maintain or enhance the value of contiguous property 4 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 The Chairman re - opened the Rezoning Public Hearing Case 523 Petition to rezone approximately 251 acres located on Wilson's Mills Road SR 1913 in Wilson's Mills Township from General Business to Industrial District - 1 Owner and Applicant Terry Blakeslee Mr Genereux introduced this case and pointed out the location on the GIS map He noted this parcel is located within the US 70 General Business Overlay District , adjacent to other property owned by the applicant that is zoned I - 1 Surrounding zoning is General Business , Industry I , and Agricultural Residential Owner and applicant , Terry Blakeslee of Raleigh , was present and offered to answer any questions The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 523 Case 523 Petition to rezone approximately 251 acres located on Wilson's Mills Road SR 1913 in Wilson's Mills Township from General Business to Industrial District - 1 Owner and Applicant Terry Blakeslee Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 523 for Terry Blakeslee of approximately 251 acres located on Wilson's Mills Road SR 1913 in Wilson's Mills Township from General Business to Industrial District - 1 The Chairman re - opened the Rezoning Public Hearing Case 524 Petition to rezone approximately 126 acres located on Denning Road SR 1168 in Banner Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Gay Nell Neighbors Rooney ; Applicants Connie G Beasley and Angela M Messer Mr Roesler pointed out this property on the GIS map and noted it is located near the intersection of NC 50 and Tar Heel Road The surrounding zoning is Mobile Home Park , Interstate Overlay District , General Business and Agricultural Residential Applicants Connie Beasley and Angela Messer , who operate an existing daycare , stated they have been in business for five years They have been renting a facility , and now wish to expand their operation and move into their own building They plan to construct a daycare center of either brick or siding that will be attractive in the community , and do not anticipate a traffic problem at the site Mr Roesler stated the Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 524 Case 524 Petition to rezone approximately 126 acres located on Denning Road SR 1168 in Banner Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Gay Nell Neighbors Rooney ; Applicants Connie G Beasley and Angela M Messer Page0413 Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved rezoning case 524 for Connie G Beasley and Angela M Messer of approximately 126 acres located on Denning Road SR 1168 in Banner Township from Agricultural Residential to Agricultural Residential - Special Use District The Chairman re - opened the Public Hearing on Special Use Permit Request Case 524 Special use permit application for a daycare center on approximately 126 acres located on Denning Road SR 1168 in Banner Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Gay Nell Neighbors Rooney ; Applicants Connie G Beasley and Angela M Messer Those wishing to speak on Case 524 were sworn in by the Clerk to the Board Mr Roesler presented the following summary of evidence on Rezoning Case # 524 A pre - application hearing was held with the applicant on September 25 , 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 October 17 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and made the following recommendations Approval of rezoning from Agricultural Residential to Agricultural Residential - Special Use District for daycare center Their decision was based on the following findings of fact , with the following conditions attached Findings of fact 1 Located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 Comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations 3 Located , designed , and operated so as to maintain or enhance the value of contiguous property 4 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 1 This Special Use Permit approves Gross Land Area 126 Number of buildings 2 Maximum Floor Area 4,225 Square Feet Number of Parking Spaces 26 Operating Hours Monday through Friday , 6 30 am to 6 00 pm 2 Prior to submitting an application for Site Plan approval , the approved Special Use Permit be recorded in the Register of Deeds of Johnston County Page1414 3 A detailed Site Plan be approved by the Planning Department prior to the issuance of a Land Use Permit 4 A Stormwater Management Plan , if applicable , shall be submitted with the application for a Site Plan Approval and approved by the County Stormwater Administration prior to the issuance of a Land Use Permit 5 Plans for a driveway connection s , or for improvements to State maintained road s , be approved by NCDOT prior to the issuance of a Land Use Permit 6 Communications tower be made accessible for co - location of communications equipment by others 7 Communications tower to be so located to provide for a " fall - zone " that would assure that no structure s on adjacent property be damaged if the tower should collapse or fall 8 Within six 6 months of the abandonment of the tower , or all equipment located on the tower , the tower and all support or accessory ground facilities shall be removed 9 Construction to start within twenty - four 24 months from the date of approval of this Special Use Permit ; and that a Certificate of Occupancy and Compliance be issued within thirty - six 36 months of the approval of this Special Use Permit 10 Changes Additions by Board of County Commissioners The Chairman recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 524 Case 524 Special use permit application for a daycare center on approximately 126 acres located on Denning Road SR 1168 in Banner Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Gay Nell Neighbors Rooney ; Applicants Connie G Beasley and Angela M Messer Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Connie G Beasley and Angela M Messer for a daycare center on approximately 126 acres located on Denning Road SR 1168 in Banner Township from Agricultural Residential to Agricultural Residential - Special Use District based on the following findings of facts and subject to the conditions as recommended by the Planning Board and listed above Findings of fact 1 Located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 Comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations 3 Located , designed , and operated so as to maintain or enhance the value of contiguous property 4 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 It was announced that Rezoning Case 525 Was Withdrawn Prior To The Board Meeting The Chairman re - opened the Rezoning Public Hearing Case 526 Petition to rezone approximately 2649 acres located on Preston Road SR 2516 in Smithfield Township from Agricultural Residential to General Business - Special Use District Owner John Wesley Creech ; Applicant Hulen Mac Jones Mr Roesler introduced this case and indicated its location on the GIS map The property is located near US 70 , east of Creeks Mill Road The surrounding zoning is US 70 Overlay Business District , Mobile Home Park and Agricultural Residential The portion of the property that would be subject to the special use is located at the rear of the property Surveyor Dennis Blackmon , stated he represents the owner and applicant He noted the adjoining property is also owned by Mr Creech or his mother , except for one parcel owned by Mr Frank Lee The site is approximately 1100 feet from the nearest road and away from all residences except Mr Creech's home There will be no office on the property , only a shop and garage , and only four employees goingPage2415 in and out once a day There should be no traffic or other impact on the neighborhood Mac Jones asked the Board to approve the rezoning so he can operate a small grading business at this location Attorney Bob Spence went over the plans for the property and noted the business will be well - buffered There is a 90 access easement to the site , where the applicant plans to plant cypress trees Mr Roesler stated the Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 526 Case 526 Petition to rezone approximately 2649 acres located on Preston Road SR 2516 in Smithfield Township from Agricultural Residential to General Business - Special Use District Owner John Wesley Creech ; Applicant Hulen Mac Jones Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved rezoning case 526 for Hulen Mac Jones of approximately 2649 acres located on Preston Road SR 2516 in Smithfield Township from Agricultural Residential to General Business - Special Use District The Chairman re - opened the Public Hearing on Special Use Permit Request Case 526 Special use permit application for a grading utility business on approximately 2649 acres located on Preston Road SR 2516 in Smithfield Township from Agricultural Residential to General Business - Special Use District Owner John Wesley Creech ; Applicant Hulen Mac Jones Those wishing to speak on Case 526 were sworn in by the Clerk to the Board Mr Roesler presented the following summary of evidence on Rezoning Case # 526 A pre - application hearing was held with the applicant on September 25 , 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 October 17 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and made the following recommendations Approval of rezoning from Agricultural Residential to General Business - Special Use District for a grading utility business Their decision was based on the following findings of fact , with the following conditions attached Page3416 Findings of fact 1 Located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 Comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations 3 Located , designed , and operated so as to maintain or enhance the value of contiguous property 4 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 1 This Special Use Permit approves Gross Land Area 27 Acres Number of buildings 2 Maximum Floor Area 4,000 square feet Number of Parking - None specified Operating hours Monday through Saturday , 6 00 am to 9 00 pm Sunday , 8 00 am to 6 00 pm 2 Prior to submitting an application for Site Plan approval , the approved Special Use Permit be recorded in the Register of Deeds of Johnston County 3 A detailed Site Plan be approved by the Planning Department prior to the issuance of a Land Use Permit 4 A Stormwater Management Plan , if applicable , shall be submitted with the application for a Site Plan Approval and approved by the County Stormwater Administration prior to the issuance of a Land Use Permit 5 Plans for a driveway connection s , or for improvements to State maintained road s , be approved by NCDOT prior to the issuance of a Land Use Permit 6 Communications tower be made accessible for co - location of communications equipment by others 7 Communications tower to be so located to provide for a " fall - zone " that would assure that no structure s on adjacent property be damaged if the tower should collapse or fall 8 Within six 6 months of the abandonment of the tower , or all equipment located on the tower , the tower and all support or accessory ground facilities shall be removed 9 Construction to start within twenty - four 24 months from the date of approval of this Special Use Permit ; and that a Certificate of Occupancy and Compliance be issued within thirty - six 36 months of the approval of this Special Use Permit 10 Changes Additions by Board of County Commissioners Both Dennis Blackmon and Bob Spence offered to answer any questions the Board might have concerning this case The Chairman recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 526 Case 526 Special use permit application for a grading utility business on approximately 2649 acres located on Preston Road SR 2516 in Smithfield Township from Agricultural Residential to General Business - Special Use District Owner John Wesley Creech ; Applicant Hulen Mac Jones Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Hulen Mac Jones for a grading utility business on approximately 2649 acres located on Preston Road SR 2516 in Smithfield Township from Agricultural Residential to General Business based on the following findings of facts and subject to the conditions recommended by the Planning Board , which are stated above Findings of fact 1 Located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 Comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations Page4417 3 Located , designed , and operated so as to maintain or enhance the value of contiguous property 4 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 3 Growth Management Ordinance Commissioner Allen L Mims , Jr recommended the Board allow the Growth Management Ordinance to increase in number of permits in 2001 by 56 , as permitted in the Ordinance He noted the recent economy has kept housing construction down But , in his opinion , the Ordinance needs to be kept in place to assure that growth stays at a manageable level and does not exceed the County's ability to provide facilities and services Assistant Planning Director , Dave Roesler , noted the one - day delay is not needed as long as there are excess permits He suggested the Board might want to review that portion of the ordinance , but pointed out if the number of permits should reach the allocation cap , then staff would need to go back to implementing the delay The Board discussed the interpretation of the Ordinance concerning unused permits It was pointed out that unused permits carry over from month to month , but there was a question whether the excess allotment would roll over to the new year Commissioner Fred J Smith stated , in his opinion , it would be unfair to do away with the unused allocation Commissioners Allen L Mims , Jr and Wade M Stewart questioned the wisdom of adding the unused permits to the new year's annual allocation Commissioner Stewart noted if the allocation continues to accumulate and the economy suddenly changes , there could be a surge in housing construction that would be difficult for the County to handle Following discussion , Commissioner Fred J Smith moved that the Board approve an increase of 56 in the Growth Management Ordinance annual allocation for 2001 , approve the elimination of the administrative one - day delay , as long as there are excess permits allocated , and interpret the Ordinance to mean that carry over permits refer to year to year , as well as month to month Commissioner W Ray Woodall seconded the motion Following further discussion , the motion carried by the following vote Ayes James H Langdon , Jr , Cookie Pope , Fred J Smith , and W Ray Woodall Nays Thomas M Moore , Allen L Mims , Jr and Wade M Stewart 4 Increase in Membership of Planning Board In accordance with the new Development Ordinance , the Board instructed the Clerk to advertise for two additional voting members and two alternates to the Johnston County Planning Board 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