July 10, 2000 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 237 July 10 , 2000 The Johnston County Board of Commissioners met in Regular Session , Monday , June 10 , 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 , , Eleanor N Creech , Thomas M Moore , Wade M Stewart and Allen L Mims , Jr Absent Jerry F Wood , DDS Also Present Rick Hester , County Manager , Joyce H Ennis , Clerk to the Board , Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted He explained that Commissioner Jerry F Wood was out of town Public Comments 1 Request for Support to Name School for Evander S Simpson Adam S Cretini asked the Commissioners to support his request to the Board of Education to name the new high school in western Johnston County for Evander S Simpson , former Superintendent of Schools for many years He stated Mr Simpson , who passed away on April 22 , 2000 , had a major influence on education in the County Board members thanked Mr Cretini for his comments It was noted that in the past , it has not been the policy in Johnston County to name schools after individuals Commissioner Cookie Pope commented that she had the highest respect for Mr Simpson , but feels there have been many fine educators in the County and this would be setting a new policy After discussion , Commissioner Thomas M Moore moved the Board recommend to the Board of Education that they consider naming the new high school the “ Evander S Simpson High School ” Commissioner Eleanor N Creech seconded the motion , which failed by the following vote Ayes Thomas M Moore , Eleanor N Creech , No James H Langdon , Jr , Cookie Pope , Allen L Mims , Jr , and Wade M Stewart 2 Public Hearings Rezoning and Special Use Permits Advertised - The Smithfield Herald - June 27 and June 30 , 2000 Certified letters were mailed to adjoining property owners on June 29 , 2000 and notices were posted at the locations on June 27 , 2000 The Chairman opened the rezoning public hearing and invited interested persons to make comment on the following cases Case 495 Petition to rezone approximately 25 acres located on US 301 Highway in Banner Township from AR R40 to Community Business - Special Use District Owner Edwin L Goss , Applicant James Randy Wester Cal Genereux , Planning Director , indicated the property on the GIS map and noted it is located between Benson and Four Oaks , close to South Johnston High School The surrounding zoning is AR R - 40 , Special Use for a Quarry , Light Industrial , and commercial Miranda McLean , adjacent property owner , spoke on behalf of herself and her cousin , Ansel Moore , who was unable to attend She stated they are concerned about traffic congestion and the effect the rezoning would have on their property now and in the future She questioned whether there would be enough room for parking when Mr Wester holds an auction Randy Wester of Garner , stated he wishes to use the house on the property as an office , and one of the larger buildings for holding occasional restaurant equipment auctions He noted he would have no more than one auction a month , and probably no more than five or six within a year The auctions would attract approximately 50 to 100 people , for which parking should not be a problem Temporary auctionPage238 signs for the purpose of identifying the location would be put up on the day of the event , and signs would be erected to prevent parking on the shoulders of the road He noted the driveway entrance is approximately 400 from the peak of the hill which should provide adequate site distance , and he would be willing to put up a fence to keep people from parking near the driveway The auctions will be held on a week day and should be over by mid afternoon On regular work days , there would only be a few cars for office personnel and perhaps one or two warehouse workers Mr Genereux stated the Planning Board recommended approval The Chairman recessed the rezoning public hearing Decision on Rezoning Case 495 Case 495 Petition to rezone approximately 25 acres located on US 301 Highway in Banner Township from AR R40 to Community Business - Special Use District Owner Edwin L Goss , Applicant James Randy Wester Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board approved rezoning case 495 for James Randy Wester of approximately 25 acres located on US 301 Highway in Banner Township from AR R40 to Community Business - Special Use District The Chairman opened the Public Hearing on Special Use Permit Request Those wishing to speak on Case 495 were sworn in by the Clerk to the Board Case 495 Special use permit application for a real estate office and auction business on approximately 25 acres located on US 301 Highway in Banner Township Owner Edwin L Goss , Applicant James Randy Wester Mr Genereux stated the applicant wishes a permit to operate a real estate office and auction business on the property A sketched site plan was submitted , and staff recommended the north - end driveway be closed based on the belief this would cause a site distance problem Two parking spaces were also eliminated ; however , staff feels the site would provide adequate parking for Mr Wester’s planned use He presented the following summary of evidence on this case Summary of Case 495 A pre - application hearing was held with the applicant on April 10 , 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 Zoning 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 May 16 , 2000 , the Johnston County Planning Board held a public meeting regarding this casePage239 and recommended approval of rezoning to Community Business - Special Use District with a special use permit for an auction and real estate business office Their decision was based on the following findings of fact and they recommended the following conditions be attached to the permit Findings of facts 1 The property is already commercial in nature 2 US 301 is a commercial corridor within Johnston County Conditions 1 Build a berm , or landscape , or place a fence to keep people from using the driveway next to the house 2 Second driveway , place a landscape area or chain fence to keep people from parking in DOT right - of - way 3 Work with DOT to obtain signs for the shoulder of the road stating no parking on the shoulder of the road The Chairman closed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 495 Case 495 Special use permit application for a real estate office and auction business on approximately 25 acres located on US 301 Highway in Banner Township Owner Edwin L Goss , Applicant James Randy Wester Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to James Randy Wester for a real estate office and auction business on 25 acres on US 301 in Banner Township , based on the following findings of facts and subject to the following conditions Findings of facts 1 The property is already commercial in nature 2 US 301 is a commercial corridor within Johnston County Conditions 1 Build a berm , or landscape , or place a fence to keep people from using the driveway next to the house 2 Second driveway , place a landscape area or chain fence to keep people from parking in DOT right - of - way 3 Work with DOT to obtain signs for the shoulder of the road stating no parking on the shoulder of the road 4 Limit one auction activity per month which must be completed between 9 00 am - 3 00 pm , Monday through Friday The Chairman re - opened the Rezoning Hearing Case 498 Petition to rezone approximately 1317 acres located on West Watson Road SR 1518 in Pleasant Grove Township from AR R40 to Residential 30 Owner Eloise P Clifton , Applicant Son - Lan Development Co , Inc Mr Genereux pointed out the property on the GIS map and noted it is located near I - 40 north of the NC 210 I - 40 interchange The surrounding zoning is AR R - 40 , Interstate Highway District , R - 10 , R - 30 , Mobile Home Park , and a Special Use zoning for a cell tower The property is located in the McGee’s Crossroads Water District Developer Sonny Johnson of Sonny Road , Clayton , stated this property is adjacent to one of their existing subdivisions , and they wish to use the available public water He asked the Board to rezone the property Mr Genereux stated the Planning Board recommended approval of the rezoning The Chairman recessed the Rezoning Public HearingPage240 Decision on Rezoning Case 498 Case 498 Petition to rezone approximately 1317 acres located on West Watson Road SR 1518 in Pleasant Grove Township from AR R40 to Residential 30 Owner Eloise P Clifton , Applicant Son - Lan Development Co , Inc Commissioner Wade M Stewart moved the Board approve rezoning case 498 for Son - Lan Development Co , Inc of approximately 1317 acres located on West Watson Road SR 1518 in Pleasant Grove Township from AR R40 to Residential 30 Commissioner Thomas M Moore seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Eleanor N Creech , Thomas M Moore , Allen L Mims , Jr , and Wade M Stewart Nays Cookie Pope Ms Pope asked that the record reflect that her reason for voting no was due to the impact on schools , traffic and the quality of life The Chairman re - opened the Rezoning Hearing Case 499 Petition to rezone approximately 1861 acres located on Massengill Pond Road SR 1313 in Pleasant Grove Township from AR R40 to Residential 30 Owners South Park Development Company , Inc Mr Genereux indicated the property on the GIS map , which is located near Old Stage Road The tract extends on both sides of the road , and this request for rezoning is for the portion of the property north of SR 1313 only The surrounding zoning is AR R - 40 , R - 30 , Mobile Home Park , and some commercial Developer Sonny Johnson stated the entire property would be developed ; however , the land south of the road will be developed with larger lots since it has some environmentally sensitive areas and would not be suitable for R - 30 development Mr Genereux stated the Planning Board recommended approval The Chairman closed the Rezoning Public Hearing Decision on Rezoning Case 499 Case 499 Petition to rezone approximately 1861 acres located on Massengill Pond Road SR 1313 in Pleasant Grove Township from AR R40 to Residential 30 Owners South Park Development Company , Inc Commissioner Allen L Mims , Jr moved the Board approve rezoning case 499 for South Park Development Company , Inc of approximately 1861 acres located on Massengill Pond Road SR 1313 in Pleasant Grove Township from AR R40 to Residential 30 Commissioner Eleanor N Creech seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Eleanor N Creech , Thomas M Moore , Allen L Mims , Jr and Wade M Stewart Nays Cookie Pope Ms Pope again asked that the record reflect that her reason for voting no was due to the impact on schools , traffic and the quality of life There being no further comments , the Chairman closed the public hearings 3 Johnston County Development Ordinance Adopted The Board again discussed the proposed development ordinance Chairman Langdon noted there were still three issues that need to be decided before the Board adopts the ordinance open space requirements ; mobile home standards , and the definition of minor and major subdivisions PagePage pageNumber5241 Discussion of Open Space Requirements The Board discussed several issues concerning open space requirements including the following ? amount of open space to be required ? road frontage buffers ? payment of a fee in lieu of open space ? percentage of wetlands and riparian buffers that would count toward open space requirement ? ownership of open space land The following persons from the audience provided input on the discussion of these issues Developers Fred Smith , Sonny Johnson , Joe Dunahoo , and Stephen Sanderson Surveyor Lonnie Peacock contributed to the discussion Peter Brennon of Clayton stated , in his opinion , a fee in lieu is similar to a tax and it should be clear where that money would be spent Staff explained the General Statutes state this money would have to be used for parks and recreation or the purchase of land for open space in the general area in which it is collected Motion on Open Space Following discussion , Commissioner Allen L Mims , Jr moved the new Development Ordinance require that 10 of total acreage of a development be left in open space , with one - half of that amount 5 of total acreage to be usable land , with the understanding required buffer area along road frontage could count toward this usable land ; and , that all wetland or riparian buffer area be dedicated open space , not included in lots , and this land may count for the remaining one - half of the open space requirement Commissioner Mims further moved the developer may choose a fee in lieu for any or all of the open space requirement Commissioner Cookie Pope seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Cookie Pope , Thomas M Moore , Eleanor N Creech and Allen L Mims , Jr Nays Wade M Stewart Discussion on Mobile Home Requirement The Board discussed the requirements in the proposed ordinance for mobile homes Dave Roesler , Assistant Planning Director , briefly reviewed a draft revision , which he sent to the Board earlier , that would phase in the restrictions on older mobile homes over a three year period The Board agreed to accept the recommended revisions with the understanding the issues concerning the age of mobile homes will be considered again at a later date if necessary Discussion on Definition of Major and Minor Subdivisions The Board discussed the original concerns that prompted a proposed change in the number of lots that would be classified a major subdivision The proposed ordinance would reduce the number of lots for a minor subdivision from seven to two It was noted one concern was the proliferation of small contiguous seven lot minor subdivisions that do not fall under the major subdivision requirements Another goal was to cut down on the number of driveways into arterial roads Motion on Subdivision Lots Following discussion , Commissioner Wade M Stewart moved the Board keep the current draft of the Development Ordinance which states that a minor subdivision would consist of 2 lots and all subdivisions with more than 2 lots would be classified as major subdivisions Commissioner Cookie Pope seconded the motion , which carried by the following vote Ayes Cookie Pope , Eleanor N Creech , Allen L Mims , Jr , Thomas M Moore and Wade M Stewart Nays James H Langdon , Jr Motion to Adopt the Johnston County Development OrdinancePagePage pageNumber6242 Commissioner Thomas M Moore moved the Board adopt the Development Ordinance as amended with an effective date of September 1 , 2000 Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote NOTE The Development Ordinance in its entirety is recorded in the Johnston County Ordinance Book 2 , pages 290 - 479 4 Report on Growth Development Ordinance Mr Genereux reported on the number of permits issued compared to the permits allocated since the Growth Development Ordinance went into effect From January through June the number of permits has been below the cap creating a substantial surplus In the month of June the issued permits did exceed the months allocation ; however the surplus covered the excess Currently there is still a surplus of 238 permits He noted the growth in residential construction is 18 behind the figure last year at this time C P Thompson , Chief Building Inspector , reported that in recent months there has been an increase in commercial construction and in mobile homes , but a decrease in stick - built residential construction Claude Canipe , president of the Home Builders ’ Association , requested the Growth Development Ordinance be repealed based on his belief it is not needed in Johnston County Motion to Repeal Growth Management Residential Development Allocation System Ordinance Commissioner Thomas M Moore moved the Board repeal the Growth Management Residential Development Allocation System Ordinance which places a cap on the number of permits issued each month by the Planning Department Commissioner Eleanor N Creech seconded the motion Discussion Commissioner Allen L Mims , Jr noted he would like to keep this ordinance in place for a while longer since the number of permits in June was up He also noted there was a large number of permits issued in December before the ordinance went into effect that could have impacted the first half of the year by a large degree Following further discussion , the motion failed by the following vote Ayes Thomas M Moore and Eleanor N Creech Nays James H Langdon , Jr , Cookie Pope , Wade M Stewart , Allen L Mims , Jr Chairman Langdon stated he would like to look at this matter again next month Board Reports and Comments 5 County to Initiate Program for Preserving Land Commissioner Thomas M Moore moved the Board adopt a policy immediately to develop and implement a program to acquire and maintain land for the preservation and protection of our farmland , forest land , wildlife , our historical and natural resources , and land to develop parks and recreation facilities , and to provide financial resources to develop the plan Commissioner Eleanor N Creech seconded the motion Discussion Commissioner Moore stated he believes a program needs to be implemented to protect the quality of life , not only for now but for future generations He noted he has never advocated increasing the tax rate in order to do this , but feels the County needs to set aside some existing funds for this purpose He noted if a plan is developed , the County could possibly receive some grant funds as well as land donations Board members discussed the fact that with the Development Ordinance , which was adopted earlier in the meeting , the County will be receiving revenue as payment in lieu of open space requirements , andPagePage pageNumber7243 will need a plan in place concerning how this money should be handled Following further discussion , the motion carried by the following vote Ayes James H Langdon , Jr , Eleanor N Creech , Allen L Mims , Jr and Thomas M Moore Nays Cookie Pope and Wade M Stewart There being no further business , Commissioner Allen L Mims , Jr moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote _______________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage