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

10 107 April 10 , 2000 The Johnston County Board of Commissioners met in Regular Session , Monday , April 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 , Jerry F Wood , DDS , Eleanor N Creech , Thomas M Moore , Wade M Stewart and Allen L Mims , Jr Absent None 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 Public Comments There were no public comments 1 Public Hearings Rezoning and Special Use Permits Advertised - The Smithfield Herald - March 28 and April 4 , 2000 Certified letters were mailed to adjoining property owners on March 30 , 2000 and notices were posted at the locations on March 30 , 2000 The Chairman opened the rezoning public hearing and invited interested persons to make comment on the following cases Case 466 Petition to rezone approximately 5 acres located on Applewhite Road SR 1720 in Wilders Township from AR R40 to Industrial 2 - Special Use District Owners and Applicants Robert Lee O’Neal and Scarlette H O’Neal Assistant Planning Director , Dave Roesler , pointed out the property on the GIS map and noted the tract is located near the Wake County line and Little River The surrounding zoning is AR R - 40 , R - 30 , General Business , Mobile Home Park District , and an Industry 2 , which is a salvage yard that was grandfathered when zoning was adopted He showed the orthophoto of the property and noted the permit is for an open area surrounded by mature trees that make it difficult to be seen from the road Rick Chandlee , who lives on Applewhite Road , approximately one - half mile from this property , stated he would like to see the area remain a rural farming community He voiced concern that this would become a junk yard with contaminates that could ruin the ground water He pointed out the nearby river has endangered species that are protected by the environmental protection agency He asked the Board to deny the rezoning Jenny Upchurch , nearby property owner , also opposed the rezoning She stated , in her opinion , this rezoning would decrease property values in the area , create a safety issue with large trucks turning into the site from Applewhite Road , and become an eyesore for her property He showed pictures of the road noting the poor visibility that would , in her opinion , create a safety problem Frances Lomack who lives off Applewhite Road , also voiced concern about the traffic She noted this would be dangerous for children in the area and would create too much noise Also opposing the rezoning was area property owners , Joel Whitley and Charles Chambley Burtis Sellers , adjoining property owner , stated he did not oppose the rezoning He questioned the use of the term junk yard and noted the request is for car storage He stated , in his opinion , people should be allowed to use their land as they see fit Robert Lee O’Neal , owner and applicant , stated he , too , lives on Applewhite Road and does not want to do anything to hurt the community He noted this request is for a storage lot only The cars would be kept in the designated area where they could not be seen from the road In response to questions from Commissioner Allen L Mims , Jr , Mr O’Neal stated he has approximately 250 cars , which will either be sold at auto sales or sold for salvage at salvage yards Any repair work would be done in his shopPage108 located across the road at his residence , not on the storage site Scarlette O’Neal , co - owner and applicant , stated she and her husband respect their neighbors and do not want to offend anyone They plan to make sure the environment is protected , and the area is kept safe for children to play She stressed this is not and will not become a junk yard Mr Roesler stated the Planning Board recommended approval He noted he and Phyllis Hicks , Zoning Enforcement Officer , visited the site and found that the vehicles were contained in one area and appeared to be in good shape The property did not look like a salvage yard In response to a question from Commissioner Thomas M Moore , he noted the Board could specify that no repairs or salvage would be allowed on the property Commissioner Eleanor N Creech voiced some concern about the number of vehicles She asked if the applicants expect to keep 250 or more cars at the site In response , Mr O’Neal stated there should never be more than 300 vehicles on the site , and this number will probably decrease as his business grows The Chairman recessed the rezoning public hearing Decision on Rezoning Case 466 Case 466 Petition to rezone approximately 500 acres located on Applewhite Road SR 1720 in Wilders Township from AR R40 to Industrial 2 - Special Use District Owners and Applicants Robert Lee O’Neal and Scarlette H O’Neal Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 466 for Robert Lee O’Neal and Scarlette H O’Neal of approximately 500 acres located on Applewhite Road SR 1720 in Wilders Township from AR R40 to Industrial 2 Special Use District The Chairman opened the Public Hearing On Special Use Permit Requests Those wishing to speak on Case 466 were sworn in by the Clerk to the Board Case 466 Special use permit application for a vehicle storage and display for vehicles that are for sale and the repairing of vehicles on approximately 500 acres located on Applewhite Road SR 1720 in Wilders Township Owners and Applicants Robert Lee O’Neal and Scarlette H O’Neal Mr Roesler pointed out that since there are no structures on the site , a site plan was not involved He noted the Planning Board only recommended one condition on the special use permit ; however , they did not have the information that has been presented during this public hearing Board members discussed the hours of operation and wording that would need to be placed on the permit to assure this does not become a junk yard operation It was noted that three sides are protected by mature trees , however , this timber could be cut in the future , and there should be a stipulation that a 50 buffer be left to provide protection from an outside view Mr Roesler offered as evidence the following information concerning Case 466 Statement of Facts Concerning Rezoning Case # 466 - Submitted by Planning Department A pre - application hearing was held with the applicant on February 16 , 1999 At that time , the applicant was informed of the following 1 If approved , applicant must provide to the Planning Office a Site Plan for their review and approval 2 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 3 Applicant will be notified in writing of the Board’s decision 4 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 5 Applicant’s Special Use Permit will expire at the end of twelve 12 months if it is not used asPage109 permitted within that time period 6 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 February 15 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and made the following recommendations Approval of rezoning to Industrial 2 - Special Use The Planning Board based their decision on the following findings of fact and placed the following conditions Findings 1 The proposed use will not change the character of the neighborhood 2 The use will not impact adjoining property values Conditions 1 The portions of the site visible from the road will be adequately screened by fencing and or landscaping as necessary The Chairman Closed the Special Use Public Hearing Decision on Application for Special Use Permit - Case 466 Case 466 Special use permit application for a vehicle storage and display for vehicles that are for sale and the repairing of vehicles on approximately 500 acres located on Applewhite Road SR 1720 in Wilders Township Owners and Applicants Robert Lee O’Neal and Scarlette H O’Neal 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 Robert Lee O’Neal and Scarlette H O’Neal for a vehicle storage and display for vehicles that are for sale on approximately 500 acres located on Applewhite Road SR 1720 in Wilders Township based on the following conditions and findings of fact Conditions 1 The portions of the site visible from the road will be adequately screened by fencing and or landscaping as necessary 2 Hours of operation from 7 00 am to 5 00 pm , 6 days a week 3 Maintain 50 foot natural buffer on 3 sides 4 No repairing of vehicles on site Findings of facts 1 The proposed use will not change the character of the neighborhood 2 The use will not impact adjoining property values The Chairman re - opened the Rezoning Hearing Case 468 Petition to rezone 4 parcels totaling approximately 52562 acres located on Bear Farm Road SR 1914 in Wilson’s Mills Township from AR R40 to Industrial 2 Owners and Applicants Kenneth Talton and Richard Hinnant Mr Roesler indicated the property on the GIS map and noted it is located between US 70 and the Neuse River , close to the Wilson’s Mills corporate limits on one side , and extending into Selma’s ETJ on the other side Selma recently approved rezoning of the adjacent portion that lies within their zoning jurisdiction The surrounding zoning is AR R - 40 , R - 10 , General Business Overlay , Industrial Zoning I and Industrial II He pointed out the applicant has agreed to amend his original request to leave a 50 buffer zoned AR R - 40 along the western property line next to Clearwater Subdivision , and from the rear property lines of Vinson Downs Subdivision He also indicated the property is in the watershed protection area , and the land approximately 1000 feet from the Neuse River is considered flood plain and may not be built upon Buffers will be required along the riparian streams that run through the property Economic Development Director , Michael de Sherbinin , spoke in favor of the rezoning He noted the entire tract of land consists of approximately 900 acres , part of which has already been rezoned industrial It is bordered by the County Water Treatment Plant , US 70 bypass and the Neuse River It isPage110 largely undeveloped land except for Clearwater Subdivision and a smaller subdivision of approximately 7 homes In addition to the highway access , there is an existing railroad , a 230 KV Electrical Transmission line , a 16 water line and an 8 gravity sewer line Natural gas is also available The existing infrastructure make this property ideal for capital intense industry and should be preserved as an industrial asset for future development He recognized the chairman and vice chairman of the Industrial Development Advisory Board , who added their support for this rezoning T G Ennis , of the McGee’s Crossroads area , vice chairman of the Johnston County Industrial Development Board , agreed with Mr de Sherbinin that this property is ideal for industrial development He asked the Board to consider this rezoning as a way of reaching into the future to provide a major economic impact on the County J D Soloman , of Clayton , chairman of the Industrial Development Board , called this property a gem , unique in that it has existing infrastructure , sufficient soils and is relatively flat requiring very little site work He noted this would only be the first step in a process of actually developing the site Naturally there will be some environmental concerns to be considered , however , North Carolina has some of the most stringent environmental protection measures in the United States that will assure that these concerns will be addressed He noted this site is one of only a few in the State of North Carolina that has ideal natural and existing attributes for industrial development He urged the Board to approve the rezoning Sonny Johnson , Developer from the Cleveland Community , also supported the rezoning He noted the County’s population is now sufficient to support large scale industry , and this property is a prime location He stressed that industry is what is needed in Johnston County to increase the tax base sufficient to support our schools Tony Nixon , resident in the Clearwater Subdivision , opposed the rezoning He suggested many potential industries that could be placed on the site would , in his opinion , be detrimental to the people in the surrounding area He mentioned the increased traffic , preservation of the Neuse River , and the protection of the environment as concerns and urged the Board to deny the rezoning Christy Gardner , resident of Bear Farm Road , pointed out the County’s unemployment is very low and , in her opinion , would not be sufficient to support a major industry and noted other industries have closed due to lack of work force She voiced concern about further polluting the river and blue line streams that run through this property , and suggested that a 50 buffer zone would not be enough to protect her family Amy Watts , who lives on Bear Farm Road near the center of the tract , stated she moved to Johnston County to get away from industry She asked the Board to consider the human instead of the economic standpoint on this matter and deny the rezoning Travis Gardner also opposed the rezoning He noted the citizens have expressed their concerns before the Selma Town Council and at the County Planning Board meeting , apparently to no avail He asked the Board , if they do approve the rezoning , to put conditions of at least a 200 natural vegetation buffer as a barrier to protect the adjacent property owners He also made several other suggestions to protect the neighborhood a soil berm to protect the view , the road into Vinson Downs dead - ended to turn this area into a cul de sac , and hours of operation for future rail spurs He pointed out the residents have no idea what might be located on the property and can only assume the worst scenario He asked the Board not to forget the little people Heather Beard of Raleigh who works for the Upper Neuse River Foundation , voiced fear that industrial development on this site would worsen the Neuse River problems She asked the Board to deny the rezoning and keep intact the progress that is being made in restoring the Neuse In response to a question from Commissioner Allen L Mims , Jr concerning the type of pollution which concerned Ms Beard , she cited damage to blue line streams , heavy metals and nitrogen Commissioner Mims suggested an R - 10 rezoning with 4000 houses , generating 8000 automobiles might create a worse problem for the river Ms Beard agreed , and did note that buffers and other mandated environmental regulations will help , however , she suggested these regulations are not always enforced as they should be , Also opposing the rezoning was Darwin Crumpler of Buffalo Road who suggested the County does not need additional industry or more growth PagePage pageNumber5111 Mr Roesler stated the Planning Board unanimously recommended approval The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 468 Case 468 Petition to rezone 4 parcels totaling approximately 52562 acres located on Bear Farm Road SR 1914 in Wilson’s Mills Township from AR R40 to Industrial 2 Owners and Applicants Kenneth Talton and Richard Hinnant Commissioner Jerry F Wood moved the Board approve rezoning case 468 for Kenneth Talton and Richard Hinnant of approximately 52562 acres located on Bear Farm Road SR 1914 in Wilson’s Mills Township from AR R40 to Industrial 2 Commissioner Allen L Mims , Jr seconded the motion Commissioner Mims pointed out that often industry can be controlled , and even though the Board can not place conditions on rezoning , they can enforce development standards and negotiate with an industry at the development stage He suggested that good industry will keep our citizens in Johnston County and not on the roads to work and spend their money in Wake County Chairman Langdon agreed and noted the Board has some control in the type of industry that comes into the County and will do everything they can to protect the neighbors and make sure these issues are addressed , when the time comes Commissioner Eleanor N Creech concurred and stated the County will try to protect the residents and the Neuse River also Vote The motion carried by unanimous vote The Chairman re - opened the Rezoning Hearing Case 469 Petition to rezone approximately 252 acres located on Jones Road SR 1911 in Wilson’s Mills Township from Residential 30 to AR R40 Owner and Applicant Robert L Shearin Mr Roesler pointed out the property on the GIS map and noted it is located within the corporate limits of Wilson’s Mills The surrounding zoning is AR R - 40 , R - 10 , Highway 70 Overlay District , General Business , Community Business , and R - 30 The property wraps around an out parcel Property owner , Robert Shearin , who lives in Cary , stated the property would only accommodate two septic systems and should , in his opinion , be divided in half He noted the surrounding neighbors are not opposed to this The only opposition at the Planning Board meeting was a letter from a Wilson’s Mills Planning Board member that gave no reason for opposing the rezoning Commissioner Allen L Mims , Jr pointed out the property could be divided the same way under R - 30 zoning The only difference would be that R - 30 requires public water , and some of the uses are different from AR R - 40 Mr Shearin responded the persons interested in the property want it rezoned R - 40 Denise Hobson , who lives on Shearin Road voiced concern about the safety of her children and other children in the neighborhood Elmer Bryans , member of the Wilson’s Mills Planning Board stated his board wants to see the property remain R - 30 Mr Roesler noted a letter from the Town Council also asks that the request be denied The County Planning Board recommended denial The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 469PagePage pageNumber6112 Case 469 Petition to rezone approximately 252 acres located on Jones Road SR 1911 in Wilson’s Mills Township from Residential 30 to AR R40 Owner and Applicant Robert L Shearin Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board denied rezoning case 469 for Robert L Shearin of approximately 252 acres located on Jones Road SR 1911 in Wilson’s Mills Township from Residential 30 to AR R40 The Chairman re - opened the Rezoning Hearing Case 470 Petition to rezone approximately 4828 acres located on US 70A in Boon Hill Township from AR R40 and General Business Overlay to Residential 30 Owner and Applicant William Ray Woodall Mr Roesler indicated the property on the GIS map and noted it borders US 70A between Pine Level and Princeton The surrounding zoning is AR R - 40 , General Business Overlay , Industrial 2 and commercial Surveyor Dennis Blackmon , noted the owner wishes to take advantage of the property’s access to public water Of the 48 + acres , a portion will be taken up by a roadway and approximately 35 acres have suitable soil for building No lots will front US 70A and a landscaped buffer will be created along the frontage , which will be maintained by a homeowners association The homes will be upscale structures of 200,000 or more Mr Roesler stated the Planning Board recommend approval of the rezoning The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 470 Case 470 Petition to rezone approximately 4828 acres located on US 70A in Boon Hill Township from AR R40 and General Business Overlay to Residential 30 Owner and Applicant William Ray Woodall Commissioner Jerry F Wood moved the Board approve rezoning case 470 for William Ray Woodall of approximately 4828 acres located on US 70A in Boon Hill Township from AR R40 and General Business Overlay to Residential 30 Commissioner Wade M Stewart seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Allen L Mims , Jr , Jerry F Wood , Eleanor N Creech , Wade M Stewart and Thomas M Moore Nays Cookie Pope Commissioner Pope noted that her vote against the rezoning is due to the impact on schools and traffic in the area The Chairman re - opened the Rezoning Hearing Case 472 Petition to rezone approximately 238 acres located on Old Roberts Road SR 1519 in Elevation Township from Residential 10 to Industrial 2 Owners and Applicants Reedy Branch Farms , Inc and M & T Farms , LLC Mr Roesler pointed out this property on the GIS map and noted it is located near Interstate 40 and West Watson Road This acreage is a portion of a larger parcel The surrounding zoning is Interstate Overlay District , Industry I , Residential - 10 , Residential - 30 , Mobile Home Park , General Business and Community Business Charles Hawley stated this property is being looked at for warehouses The tract was zoned Industrial 2 , then rezoned to Residential After further consideration , it is believed the best use is I - 2 In response to a comment from Commissioner Allen L Mims , Jr , Mr Hawley noted the adjacent R - 10 property belongs to the same owners and application for rezoning to I - 2 has been submitted for the entire tract up to the existing mobile home park PagePage pageNumber7113 Mr Roesler stated the Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 472 Case 472 Petition to rezone approximately 238 acres located on Old Roberts Road SR 1519 in Elevation Township from Residential 10 to Industrial 2 Owners and Applicants Reedy Branch Farms , Inc and M & T Farms , LLC Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 472 for Reedy Branch Farms , Inc and M & T Farms , LLC of approximately 238 acres located on Old Roberts Road SR 1519 in Elevation Township from Residential 10 to Industrial 2 The Chairman re - opened the Rezoning Hearing Case 473 Petition to rezone two parcels totaling approximately 9214 acres located on Hickory Crossroads Road SR 2365 in Beulah Township from AR R40 to Residential 30 Owner and Applicant Main Street Development Group , LLC Mr Roesler indicated the property on the GIS map and noted it is located near the Wayne County line in the proposed Princeton Kenly Water District Surrounding zoning is AR R - 40 Thad Avant of Clayton , president of Main Street Development Group , asked the Board to approve the rezoning Mr Roesler stated the Planning Board recommended approval The Chairman Closed the Rezoning Public Hearing Decision on Rezoning Case 473 Case 473 Petition to rezone two parcels totaling approximately 9214 acres located on Hickory Crossroads Road SR 2365 in Beulah Township from AR R40 to Residential 30 Owner and Applicant Main Street Development Group , LLC Commissioner Jerry F Wood moved the Board approve rezoning case 473 for Main Street Development Group , LLC of approximately 9214 acres located on Hickory Crossroads Road SR 2365 in Beulah 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 , Allen L Mims , Jr , Jerry F Wood , Wade M Stewart and Thomas M Moore Nays Cookie Pope Rezoning case 474 was withdrawn prior to the rezoning meeting 2 Beaver Creek Mobile Home Park Kyle Richter , Subdivision Administrator stated that the Zoning Ordinance of Johnston County requires the Board of Commissioners to grant final approval to plats for mobile home parks He presented the plat for Beaver Creek Mobile Home Park on Old Roberts Road in Elevation Township He noted this property was rezoned in two separate requests in April and August of 1997 The plat received preliminary approval from the Planning Board in July 1998 , contingent upon a number of items being completed At this time , these issues have been resolved , or are nearly ready to complete Tim Broome has approved the public utilities and the roads are built and ready for paving A site visit will be conducted to determine the extent of completion of all improvements required by the ordinance , and all requirements will be met or the County will have a letter of credit for the completion before final signature PagePage pageNumber8114 The Planning Department recommended approval of the Beaver Creek Mobile Park Commissioner Thomas M Moore moved the Board accept the final plat for the Beaver Creek Mobile Home Park as recommended by the Planning Department Commissioner Jerry F Wood seconded the motion which carried by the following vote Ayes James H Langdon , Jr , Thomas M Moore , Jerry F Wood , Wade M Stewart , Allen L Mims , Jr and Eleanor N Creech Nays Cookie Pope Board Reports and Comments 3 Public Hearing For Elevation Water District Rescheduled Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the public hearing on the proposed Elevation Water District , originally st scheduled for May 1 , was rescheduled for Monday night , May 8 , 2000 at 6 45 pm 4 Award of Bid - Hopewell Pisgah Water District Loop Main Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board recessed regular session to sit as the Hopewell Pisgah Water District Board Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Hopewell Pisgah Water District Board concurred with the award of bid for the Hopewell Pisgah Water District Loop Main , which was approved at the April 3 , 2000 meeting Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Hopewell Pisgah Water District Board adjourned and regular session was resumed 5 Proposed Development Ordinance Chairman Langdon informed the Board that he still has some questions about the open space requirements and would prefer to postpone a vote on the adoption of the ordinance until a latter meeting Dennis Blackmon , Surveyor , questioned the section on duplexes He stated the current ordinance allows duplex development of two units per acre The new ordinance calls for duplex housing to be one unit per acre , which , in his opinion , would virtually put an end to duplex building in the County Mr Roesler agreed the proposed ordinance would require one acre per duplex unit , however it could be changed if the Board so desires Following discussion , the Board suggested that staff look at the duplex requirements and make a recommendation to the Board 6 Proliferation of Mobile Homes in the Area Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board agreed to ask a committee to look at possible regulations on mobile homes in the area The Board named Cal Genereux , Planning Director , Dave Roesler , Assistant Planning Director , Mark Payne , County Attorney , Commissioner Allen L Mims , Jr , Planning Board Member and two citizens at - large , Dennis Blackman and Kay Kennedy to this committee 7 Public Hearing - Animal Control Ordinance Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board scheduled a public hearing on the revised Animal Control Ordinance at their regular scheduled meeting on May 1 , 2000 The hearing will be held at 10 15 am There being no further business , Commissioner Cookie Pope moved the Board adjourn PagePage pageNumber9115 Commissioner Eleanor N Creech seconded the motion , which carried by unanimous vote _______________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage