March 13, 2000 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 78 March 13 , 2000 The Johnston County Board of Commissioners met in Regular Session , Monday , March 13 , 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 Hearing Rezoning and Special Use Permits Advertised - The Smithfield Herald - February 29 and March 7 , 2000 Certified letters were mailed to adjoining property owners on March 2 , 2000 and notices were posted at the locations on March 2 , 2000 The Chairman opened the rezoning public hearing and invited interested persons to make comment on the following cases Case 460 Petition to rezone approximately 100 acre located on NC 210 in Elevation Township from Highway Business to Industrial 2 - Special Use District Owner Doris Beasley Enterprises , Inc , Agent S Vann Sauls Planning Director , Cal Genereux , stated the agent , S Vann Sauls , has requested this case be tabled until next month Mr Sauls explained he and Attorney Mark Payne discussed the fact that the rezoning designation recommended by the Planning Board does not fit the current application for special use For that reason , it was decided it would be better to postpone the hearing until the owner has a chance to consider changing his application The Chairman recessed the Public hearing Case 460 - Tabled Until April Meeting Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board agreed to table rezoning case 460 until the April meeting as requested by S Vann Sauls , Agent , representing Doris Beasley Enterprises , Inc The Chairman re - opened the Rezoning Hearing Case 461 Petition to rezone approximately 1792 acres located on Matthews Road SR 1509 in Cleveland Township from AR R40 to Residential 30 Owners Hudson Valley 14 Investors , Agent Gene Berrier for Son - Lan Development Company , Inc Mr Genereux pointed out the property on the GIS map and noted it is located off Matthews Road with an access easement to the road This property is the northern portion of a larger tract located in the Cleveland Water District Surrounding zoning is AR R - 40 , R - 30 and Planned Unit Development The Planning Staff and Planning Board recommended approval of this rezoning The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 461Page79 Case 461 Petition to rezone approximately 1792 acres located on Matthews Road SR 1509 in Cleveland Township from AR R40 to Residential 30 Owners Hudson Valley 14 Investors , Agent Gene Berrier for Son - Lan Development Company , Inc Commissioner Thomas M Moore moved the Board approve rezoning Case 461 for Hudson Valley 14 Investors of approximately 1792 acres located on Matthews Road SR 1509 in Cleveland Township from AR R40 to Residential 30 Commissioner Jerry F Wood seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Allen L Mims , Jr Eleanor N Creech , Thomas M Moore , Jerry F Wood and Wade M Stewart Nays Cookie Pope Commissioner Pope asked that the minutes reflect that her reason for voting no on this rezoning is the impact on schools and traffic in the area The Chairman re - opened the Rezoning Hearing Case 462 Petition to rezone approximately 5565 acres located at the intersection of Swift Creek Road SR 1501 and US 70A in Wilson’s Mills Township from Residential 30 to General Business Owner and Applicant H M Enterprises , LLC Mr Genereux pointed out the property on the GIS map and noted it is located off Hwy 70 on Swift Creek Road near the Wilson’s Mills town limits The surrounding zoning is AR R - 40 , General Business Overlay , Industrial I , and Residential 30 Attorney Lew Starling , introduced the owner and petitioner , Tom Gould Mr Starling showed examples of Mr Gould’s developments in Wake County , and pointed out his company does quality work He explained Mr Gould presented his case to the Town of Wilson’s Mills as a courtesy since the property is outside of their jurisdiction The Wilson’s Mills Planning Board favored the development as long as certain businesses were eliminated as possible uses The Town Council voted against the rezoning , but some members of that board have now changed their minds and support the project Based on the concerns that were expressed at the previous hearings , Mr Gould’s company is prepared to file a deed with permanent restrictive covenants , which would prohibit the uses that were found objectionable to Wilson’s Mills citizens Mr Starling stated his client has also hired an appraisal expert to answer the question of whether this type of development would have an adverse affect on surrounding property He introduced Allen Ray McCuller who stated in his professional opinion , the proposed development , as presented to him , would be an asset , not a detriment to surrounding property owners In response to a comment from Commissioner Allen Mims , Mr McCuller stated new screening requirements protect adjoining properties from the unpleasant view of the back of a strip mall Kenneth Jones , Mayor of Wilson’s Mills who lives on Swift Creek Road across from this property , spoke in favor of the rezoning He stated , in his opinion , this property has all the attributes needed for a retail shopping center , including a major intersection , stop light , water , sewer and natural gas He noted there is a petition with 386 signatures of people who support this development , and the town needs the tax base When Commissioner Eleanor Creech questioned how Wilson’s Mills tax base would increase , Mr Jones stated the developer has indicated he would request that the property be annexed The following persons also spoke in favor of the rezoning Evelyn Dunn , pastor of a local church , presented the additional petitions , which brought the number of persons in support to 386 as stated by Mayor Jones She noted the people were not in favor of this at first because they did not understand what was planned Elmer Bryans , who lives on Main Street in Wilson’s Mills , stated he is a member of the town planning board He noted the town’s people need a place to shop Lloyd Barnes , resident of Jones Road in Wilson’s Mills , agreed and pointed out the petition represents the will of the people He noted this development would help retirees and people with special needs as they would no longer have to go to Smithfield or Clayton to shop Ricky Phillips , Wilson’s Mills fireman , also agreed and stated this wouldPage80 create an opportunity for jobs for both the young and the old people in the area Also speaking in favor were Marvin Dodd , assistant fire chief , Clifton Cooley , Sr and James Warner , all residents of Wilson’s Mills Town councilman , Joseph Wilder , Jr , noted he originally voted against the development , along with the rest of the town council , because of the term “ strip mall ” which can have a negative connotation Now that the plans are clearer , he has changed his mind In response to a question from Commissioner Allen Mims , Mr Wilder stated the case has not gone back to the town council for a re - vote Several Commissioners expressed concern over the contradictory signals they are receiving from the town Commissioner Eleanor Creech asked if the other town councilmen have given any indication that they too have changed their opinions Mayor Jones responded that some of the councilmen apparently do not want to see the town grow When discussed , it was decided not to reconsider since the final outcome rests with the County Commissioners Commissioner Wade M Stewart asked why the town is not promoting development in the downtown area , and noted he too would like for the town to re - vote on this matter He pointed out he would not like to see this area jammed up with traffic like Clayton and Smithfield at the US 70 301 interchange Mr Barnes stated that at present there is no property available downtown for a development like this , however , he would like to see the town adopt a comprehensive plan for the future , and hopefully develop the downtown area As for increased traffic at this intersection , he noted this will happen regardless of whether the property is developed for a shopping center or residential At the request of the Board , Attorney Mark Payne reviewed the deed with restrictive covenants and agreed , based on his brief examination , that this document would prevent the named uses from being placed on the property Marjorie Langston , resident of Swift Creek Road , opposed the rezoning She stated the property was rezoned approximately a year ago to Residential 30 and should stay that designation She pointed out that Swift Creek Road is a cut through from Hwy 70 to Hwy 70 Business and already has enough traffic The Hwy 70 Business end will no doubt be commercialized , and she asked the Board not to box her neighborhood in between two commercial areas She also questioned how sewer would be made available as it is currently a mile away , and stressed she would not want to see the County spend tax dollars to run sewer service to this development She stated , in her opinion , the area does not have sufficient population to support a shopping mall , and most of the petitioners do not live in the immediate area George Cates , resident of Swift Creek Road , also opposed the rezoning and stated the people in the immediate neighborhood have expressed their opposition at the Town Council meeting and the County Planning Board meeting He questioned what types of businesses would actually be put on the property since there are no definite plans available He noted that following one of the meetings , Mr Gould indicated to Ms Langston that if he was not allowed to develop the property as commercial , it would be turned into a mobile home park Marjorie Langston’s son , Ken Langston , who lives on Buffalo Road , opposed the rezoning He stated that a year ago Mr Gould said the highest and best use for the property was residential Now he wants the County Commissioners to let him change his mind He noted the Commissioners have made a commitment to encourage development where municipal services are available , and pointed out this area would not qualify He urged the Board to stand by this commitment Tom Gould , informed the Board he asked for residential 30 rezoning last year because he knew AR R - 40 was not feasible After further investigation , he found the only way he could stay residential would be to build homes of 120,000 or less , which in his mind created a quality issue Concerning sewer service , he noted he has planned to extend sewer lines to the property from the beginning As for the reference to mobile homes , he stated a manufactured home organization has contacted him about developing the property , and if he stays residential , he would probably go with some type of pre - manufactured housing Page81 In discussion , Commissioner Allen Mims asked why the owner did not seek rezoning to “ Shopping Center ” and asked the County Attorney to read the list of uses allowed under that designation After listening to the uses allowed , Mr Gould stressed that still , in his opinion , the best use of the property is general business He pointed out the front portion of the property is already commercial as it is in the Highway Overlay District , and this would only be an expansion of that zoning With the amount of property on Swift Creek Road that is under contract for residential development , there should be enough people to justify a shopping center He stated there are business reasons for wanting to be annexed , but also his company , which is a Christian - based organization , feels strongly about helping to build communities In response to comments about the proposed restrictive covenant , Mr Starling stated the company was prepared to give both the Town of Wilson’s Mills and the County the authority to enforce the covenant restrictions Mr Genereux stated the Planning staff recommended approval ; the Planning Board recommended denial of the rezoning The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 462 Case 462 Petition to rezone approximately 5565 acres located at the intersection of Swift Creek Road SR 1501 and US 70A in Wilson’s Mills Township from Residential 30 to General Business Owner and Applicant H M enterprises , LLC Board members discussed the difficulty of making a decision when there are mixed signals coming from both the town and the people Commissioner Allen L Mims , Jr agreed and voiced concern that this would be a case of speculating - of using zoning to market property He stated , in his opinion , this would not be in the best interest of the community , and development would be better in the downtown area Following discussion , Commissioner Jerry F Wood moved the Board approve rezoning case 462 for H M Enterprises , LLC of approximately 5565 acres located at the intersection of Swift Creek Road SR 1501 and US 70A in Wilson’s Mills Township from Residential 30 to General Business Commissioner Thomas M Moore seconded the motion , which failed by the following vote Ayes James H Langdon , Jr , Jerry F Wood , and Thomas M Moore Nays Cookie Pope , Allen L Mims , Jr , Wade M Stewart and Eleanor N Creech The Chairman re - opened the Rezoning Hearing Case 463 Petition to rezone approximately 1085 acres located on NC 210 in Pleasant Grove Township from AR R40 to Residential 30 Owner Penny B Taylor , et al , Agent S Vann Sauls Mr Genereux pointed out the property on the GIS map and noted it is located in the McGee’s Crossroads Community near the NC 210 NC 50 intersection The surrounding zoning is AR R - 40 , R 30 , General Business , Community Business and Mobile Home Park District Attorney Vann Sauls , agent representing Crossroads Development Corporation , stated his clients acquired this property , which was landlocked , to go with adjoining R - 30 property they owned They are requesting the rezoning in order to get the entire tract zoned the same County water will be available through the McGee’s Crossroads Water District Mr Genereux stated the Planning Board and Staff recommended approval The Chairman recessed the Rezoning Hearing Decision on Rezoning Case 463PagePage pageNumber582 Case 463 Petition to rezone approximately 1085 acres located on NC 210 in Pleasant Grove Township from AR R40 to Residential 30 Owner Penny B Taylor , et al , Agent S Vann Sauls Commissioner Wade M Stewart moved the Board approve rezoning case 463 for Penny B Taylor , et al of approximately 1085 acres located on NC 210 in Pleasant Grove Township from AR R40 to Residential 30 Commissioner Jerry F Wood seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Allen L Mims , Jr Thomas M Moore , Eleanor N Creech , Wade M Stewart and Jerry F Wood Nays Cookie Pope Commissioner Pope again asked that the minutes reflect her reason for voting against the rezoning was due to the impact on schools and traffic concerns in the area The Chairman re - opened the Rezoning Hearing Case 464 Petition to rezone approximately 8297 acres located on NC 42 in Cleveland Township from AR R40 to Industrial 2 Owners Julian F Marshall , William Corbett Marshall , Julian Brian Marshall Applicant IR Associates , Agent Linwood Jones Mr Genereux indicated the tract on the GIS map and explained this is a portion of a larger parcel near the intersection of I - 40 and NC 42 The surrounding zoning is AR R - 40 , Interstate Overlay District , Industry - 2 and General Business He noted that staff does not usually recommend I - 2 outside of the overlay district ; however , in this case the river creates a natural buffer and allows for an extension of the preferred area The development would include an internal loop road with no additional driveways onto NC 42 In response to a question from Commissioner Allen L Mims , Jr , Mr Genereux stated the Economic Development Director has commented favorably to this rezoning Both the Planning Board and Staff recommended approval The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 464 Case 464 Petition to rezone approximately 8297 acres located on NC 42 in Cleveland Township from AR R40 to Industrial 2 Owners Julian F Marshall , William Corbett Marshall , Julian Brian Marshall Applicant IR Associates , Agent Linwood Jones Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims and carried by unanimous vote , the Board approved rezoning case 464 for IR Associates of approximately 8297 acres located on NC 42 in Cleveland Township from AR R40 to Industrial 2 The Chairman re - opened the Rezoning Hearing Case 465 Petition to rezone approximately 100 acre located on Webb Mill Road SR 1153 in Ingrams Township from Industrial I - Special Use District to AR R40 Owner William Wade Crocker , II Applicant Johnston County Mr Genereux noted this one acre parcel was rezoned in July 1999 Case 413 as I - 2 Special Use District , and a special use permit was authorized for a land clearing inert debris landfill The approval was given with the condition that the site would be closed and the parcel rezoned to AR R - 40 as soon as possible The owner is now in compliance with State and County regulations and is requesting the property be rezoned to its original designation of AR R - 40 The Planning Board and Staff recommended approval The Chairman closed the Rezoning Public Hearing Decision on Rezoning Case 465PagePage pageNumber683 Case 465 Petition to rezone approximately 100 acre located on Webb Mill Road SR 1153 in Ingrams Township from Industrial I - Special Use District to AR R40 Owner William Wade Crocker , II Applicant Johnston County Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 465 for William Wade Crocker of approximately 1 acre located on Webb Mill Road SR 1153 in Ingrams Township from Industrial I - Special Use District to AR R40 2 Board To Meet With Trustees Of Community College The Chairman informed the Board that the Community College Board of Trustees would like to meet with the Commissioners in the near future to discuss budget issues Board members agreed to a joint meeting and Mr Langdon stated he would work out the details concerning the date , time and place 3 Presentation - Proposed Residential Sewer Policy Engineer Tim Broome presented the revised residential sewer policy and gave a summary of the revisions that were made based on suggestions from the last meeting He noted that Interstate Highway Overlay District was added as an exception for a service area , and the meaning of “ exceptional value and benefit to the County ” was clarified Mr Broome also listed seven situations that would be grandfathered under the policy , six of which are R - 10 zonings and one is a planned unit development PUD The seven are Reedy Creek Golf Course , I - 40 42 Son - Lan property Leamon Tyndall 319 Park , Reedy Branch Farms , Mellie Gene Barbour on Hwy 70 , Bill and Kay Smith on Hwy 70 , and Linwood Jones ’ PUD Under the current capacity limitations , Mr Jones ’ PUD would not be feasible ; however , capacity could become available if the County builds the proposed diversion line In discussion Mr Broome stated if proposed projects are completed , such as the referenced diversion facility from I - 40 42 , the only real concern he would then have relating to wastewater issues would be if the County should experience rapid growth at the interchanges , or if several large industries locate here and significantly increase the gallons per day at the Treatment Plant He noted getting a permit for over six million gpd would be difficult and very costly because of the nitrogen situation As for land application , he reported the farmers are reluctant to sign a long term contract , but nurserymen and turf growers are very enthusiastic Commissioner Thomas M Moore stated he favored the policy Commissioner Allen L Mims , Jr agreed but voiced concern that 100 units would be considered a major residential development He noted he would not want to see the County having to manage large septic tanks Mr Broome stated the minimum number of units can be increased if the Board so desires , but suggested few developments this small would apply for service as it would be cost prohibitive The sewer systems would have to be below ground and should not be a problem for the County to maintain and inspect He noted that staff will need to set specific standards that developers will have to adhere to In response to a question about liability , Attorney Mark Payne stated that liability follows ownership ; however , the County can explore ways through the agreements with the developers to limit the liability Residential Sewer Service Policy Approved Following further discussion , Commissioner Thomas M Moore , moved the Board adopt the following Residential Sewer Service Policy as recommended by staff Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Residential Sewer Service Policy Sewer service by County wastewater collection and treatment facilities for residential development shall generally be limited to municipal transition zones MTZ’s and Interstate Highway Overlay Districts IHOD’s Exceptions shall be residential development on land parcels zoned R - 10 or PUD prior to the date of adoption of this policy , failing or failed existing residential septic systems , and special mixed use developments of exceptional value and benefit to the County In determining “ exceptional value and benefit ” of a proposed development , the Board of Commissioners may consider the following PagePage pageNumber784 1 Planning based on Planned Development PD mixed use minimum standards as defined by the County Development Ordinance 2 Dedication of land for public purpose s 3 Provision of open space and amenities which exceed current requirements for the PD mixed use permit 4 Provision of exceptional protection of the environment , defined as exceeding current regulatory requirements 5 Provision of off - site transportation improvements which minimize the impact of the proposed development 6 Does not create unreasonably negative financial impacts on County services 7 Other factors as the Board of Commissioners may deem appropriate Wastewater service shall be subject to the availability of wastewater transmission and treatment capacity Residential Development in areas outside MTZ’s and IHOD’s may be served by on - site systems The policy for mandatory connection to piped County wastewater facilities shall be rescinded for residential development The Department of Utilities may own , operate , and maintain on - site wastewater collection facilities serving major residential developments subject to the following 1 Collection systems must be conventional gravity or small diameter variable grade type Septic tank effluent pump STEP systems shall not be permitted 2 A minimum of 100 residential units must be developed in the initial phase 3 For systems of 100 up to 200 units , the preferred means of treatment are septic tanks , passive natural systems , or passive mechanical systems with subsurface discharge 4 For systems greater than 200 units , the preferred means of treatment are passive , natural type systems , with mechanical plants allowed only when passive natural systems are not feasible Disposal may be surface or subsurface 5 On - site system design and construction other than for individual or small cluster septic systems shall be approved by the Department of Utilities Developers shall be responsible for the cost of all infrastructure required for on - site collection , treatment , and disposal Assessment fees for developments served by on - site wastewater systems shall be one - fifth the standard fee for residential development and commercial development , but not less than 500 per residential unit or 2,000 per acre for commercial development Assessment fee revenues shall be retained in a capital reserve fund for future infrastructure replacement and or upgrading User fees for on - site systems shall be 13 times retail rates for other sewer customers Mr Broome noted that with this policy in effect , he will talk to Mr Henderson about the Hermitage PUD and report back to the Board Reference Minutes of March 6 , 2000 , item # 16 Board Reports and Comments 4 Public Hearing - Animal Ordinance Commissioner Allen L Mims , Jr stated the committee reviewing the Animal Control Ordinance is planning to recommend some amendments They will be ready to ask for a public hearing in the near future 5 Recreation Grants Commissioner Cookie Pope suggested that prior to budget considerations , the Board needs to take another look at the recreation grant program and see if any changes should be made 6 Call For Public Hearing On Proposed Development Ordinance Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board scheduled a public hearing on the Proposed Development Ordinance at the regular meeting on April 3 , 2000 The hearing is scheduled for 2 00 pm 7 Discussion On Farm Deferment LettersPagePage pageNumber885 Commissioner Wade M Stewart informed the Board he has met with the Tax Administrator concerning deferments for farm land He noted the Tax Department has done everything they can to notify farmers of the need to make their requests in a timely manner Board members agreed that once notification goes out , it is the responsibility of the farmers to respond There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote _______________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage