July 12, 1999 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 511 July 12 , 1999 The Johnston County Board of Commissioners met in regular session , Monday , July 12 , 1999 , 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 , and Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted 1 Public Comments - There were no public comments 2 Resolution DOT - Loop Road to Serve Kenly Industrial Park Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Thomas M Moore , and carried by unanimous vote , the Board adopted the following resolution in support of the paving of Loop Road to serve the Kenly Industrial Park RESOLUTION WHEREAS , the County of Johnston has certain property within its limits which includes the Kenly Industrial Park ; and WHEREAS , over the past several years employment has been lost in the Kenly Industrial Park leaving buildings vacant , including the Squibb building and the General Cable building ; and WHEREAS , industries are interested in occupying the General Cable building on the condition that a road be paved to give additional access to the site ; and WHEREAS , the road is needed for the safety of the occupants of Kenly Industrial Park in that over 2,500 eighteen - wheelers enter the park daily , as well as 1,000 vehicles , and the dust factor from said road , as it presently exists , affects manufacturing ; and WHEREAS , the Board of Transportation approved paving the road described below at their July 9 , 1999 meeting BE IT RESOLVED that the Johnston County Board of Commissioners does hereby vigorously endorse the Department of Transportation paving the road which runs in a southerly direction behind the General Cable building , which paving has been approved by the Department of Transportation th Adopted this the 12 day of July , 1999 3 Public Hearing - Regular Rezoning Cases Advertised - The Smithfield Herald - July 2 and July 9 , 1999 Certified letters were mailed to adjoining property owners on July 2 , 1999 , and notices were posted at the locations on June 30 , 1999 The Chairman opened the public hearing and invited anyone who wished to comment on the following rezoning cases Case 410 Petition to rezone two parcels totaling approximately 69 acres located on Wiggins Road SR 1318 , Raeford Road , SR 1317 , and NC 210 in Pleasant Grove Township from Agricultural Residential 40 to Residential 30 Owner and Applicant Edmund F Ward , III Planning Director , Cal Genereux , pointed out the property on the GIS map and noted the two parcels are divided by Wiggins Road The surrounding zoning is AR R - 40 Zoning Enforcement Officer , Phyllis Hicks , showed photographs indicating several houses in the area Linwood Byrd , surveyor , spoke on behalf of the owner , Edmund Ward He asked the Board toPage512 approve the rezoning since the property will be in the McGee’s Crossroads Water District In response to a question from Commissioner Thomas M Moore , Mr Byrd explained about 15 of the property is wetlands and unsuitable for building John Pickens , adjacent property owner , stated he was not against the property being developed ; however , he did oppose the density allowed by R - 30 zoning due to the fact schools in the area are already overcrowded Mr Genereux stated the Planning staff and Planning Board recommended approval According to the mathematical formula , which does not take into consideration wetlands , show the R - 30 designation would increase the potential number of lots from 74 to 100 The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 410 Case 410 Petition to rezone two parcels totaling approximately 69 acres located on Wiggins Road SR 1318 , Raeford Road , SR 1317 , and NC 210 in Pleasant Grove Township from Agricultural Residential 40 to Residential 30 Owner and Applicant Edmund F Ward , III Commissioner Thomas M Moore moved the Board approve rezoning case 410 for Edmund F Ward , III of two parcels totaling approximately 69 acres located on Wiggins Road SR 1318 , Raeford Road , SR 1317 , and NC 210 in Pleasant Grove Township from Agricultural Residential 40 to Residential 30 Commissioner Jerry F Wood seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Jerry F Wood , DDS , Eleanor N Creech , Thomas M Moore , Wade M Stewart and Allen L Mims Nays Cookie Pope The Chairman re - opened the public hearing Case 411 Petition to rezone two parcels totaling approximately 4315 acres located on US 70 Highway in Boon Hill Township from Agricultural Residential 40 to General Business Owner & Applicant AWJ , LLC Mr Genereux indicated these parcels on the GIS map and noted 500 feet of the property , extending from the DOT right - of - way , is in the US 70 general business overlay district This request would extend the general business designation an additional 300 Surrounding zoning is AR R - 40 , General Business and R - 30 In response to a comment from Commissioner Allen L Mims , Jr , Mr Genereux stated general business allows all commercial uses other than industrial use or special use The Planning staff and Planning Board recommended approval The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 411 Case 411 Petition to rezone two parcels totaling approximately 4315 acres located on US 70 Highway in Boon Hill Township from Agricultural Residential 40 to General Business Owner & Applicant AWJ , LLC Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved rezoning case 411 for AWJ , LLC of two parcels totaling approximately 4315 acres located on US 70 Highway in Boon Hill Township from Agricultural Residential 40 to General Business The Chairman re - opened the public hearing Case 412 Petition to rezone approximately 11275 acres located on Winston Road SR 1550 Page513 in Clayton Township from Planned Unit Development to Residential 30 Applicant A B Perry , Owner Develco , LLC Mr Genereux pointed out the property on the GIS map and noted this acreage is a portion of a larger parcel zoned Planned Unit Development PUD and known as the proposed Sweetwater Development The larger PUD borders Clayton’s ETJ Even though this parcel is not on the Clayton side of the PUD , the town was notified of the request for rezoning , but has not responded The surrounding zoning is AR R - 40 , PUD , R - 30 and R - 20 He noted that both the Planning staff and Planning Board had concerns about how this rezoning would affect the entire proposed PUD development , and therefore recommended denial of the request Mike Stewart , engineer from Raleigh who was representing the owner , A B Perry , pointed out this section of the Sweetwater property is unique in that it is the only portion west of White Oak Creek The developers felt it would be natural to remove this acreage from the larger PUD parcel and subdivide this area with a sewer septic system The rest of the PUD is in the process of being redesigned He noted the Planning Board did have some questions , and if the Commissioners shared those same concerns , he would prefer to see the request sent back to the Planning Board for further study instead of an outright denial Commissioner Allen L Mims , Jr pointed out the original plans included a school site and wondered what would happen to that land if portions of the original parcel are pulled out for separate development He also noted the County has an agreement with Carolina Water Systems concerning this property , and questioned the impact this might have on that agreement Arthur Green , adjacent property owner , opposed the use of septic tanks so close to both the creek and his spring - fed pond Chad Brooks , who also owns property adjacent to this parcel , agreed and stated he was also concerned with the impact this would have on the schools in the area Martin Wells , who lives in the neighboring subdivision , White Oak Plantation , opposed the rezoning to R - 30 due to the overcrowded schools in the area The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 412 Case 412 Petition to rezone approximately 11275 acres located on Winston Road SR 1550 in Clayton Township from Planned Unit Development to Residential 30 Applicant A B Perry , Owner Develco , LLC Upon a motion by Commissioner Allen L Mims , seconded by Commissioner Thomas M Moore , and carried by unanimous vote , the Board agreed to table rezoning case 412 for Develco , LLC of approximately 11275 acres located on Winston Road SR 1550 in Clayton Township from Planned Unit Development to Residential 30 until further information can be obtained concerning the impact this might have on the County’s agreement with Carolina Water Systems and the future development of the proposed Sweetwater PUD The Chairman re - opened the public hearing Case 414 Petition to rezone approximately 581128 acres located on Cleveland Road SR 1010 in Smithfield Township from Agricultural Residential 40 to Residential 30 Owners Roberts and Wellons , Applicant Nathan Adams , Jr Mr Genereux indicated the property on the GIS map and noted it is the western portion of a large tract located across from the Village at Glad Acres Subdivision The owner wishes to add this acreage to an existing R - 30 zoned subdivision , through which this parcel would be accessed The surrounding zoning is AR R - 40 , General Business and R - 30 , and the property is located in the Hopewell Pisgah Water District Ms Hicks showed photographs of the surrounding area Applicant , Nathan Adams , stated he plans to build a golf course on this portion of the land along with a few homes , then proceed with the development of the rest of the 225 acre tract Mr Genereux stated the Planning staff and Planning Board recommended approval Page514 The Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 414 Case 414 Petition to rezone approximately 581128 acres located on Cleveland Road SR 1010 in Smithfield Township from Agricultural Residential 40 to Residential 30 Owners Roberts and Wellons , Applicant Nathan Adams , Jr Commissioner Cookie Pope stated she does not usually approve of R - 30 zoning ; however , due to the amount of open space planned for this development , she moved the Board approve rezoning case 414 for Nathan Adams , Jr of approximately 581128 acres on Cleveland Road in Smithfield Township from AR R - 40 to R - 30 Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote 4 Public Hearing Resumed - Rezoning Cases Requested as Special Use Districts The Chairman reopened the public hearing and explained the following cases are for special use districts and will be heard without interruption Decisions will be rendered following the hearing He cautioned that only discussion on whether a property is suitable for rezoning can be heard in this hearing Any discussion concerning the proposed use would only be allowed at the next hearing for special use permits Case 413 Petition to rezone approximately 1 acre located on Webb Mill Road SR 1153 In Ingrams Township from Agricultural Residential 40 to Heavy Industrial Special Use District Owner and Applicant William Wade Crocker II Mr Genereux pointed out on the GIS map this one acre portion of a larger parcel of land on Webb Mill Road southeast of Smithfield He noted this case began as a zoning violation Surrounding zoning is AR R - 40 , light industrial , and several small commercial properties Mr Genereux explained this parcel was previously used as a mud pit for large “ monster ” truck competition It was abandoned for several years ; however , the owner became concerned that it was dangerous and needed filling A construction company agreed to provide the fill ; however , the property was not zoned correctly and the owner did not realize he needed to obtain the proper landfill permits from the State The owner is now requesting the rezoning to light industrial special use so he can be permitted by the State long enough to correct this situation Ms Hicks showed photographs of the area Owner and applicant , William Wade Crocker , stated he was not aware that what he was doing was a zoning violation , and was only concerned with the safety of children in the area He asked the Board to approve the rezoning so he can work with the State to get this matter resolved Mr Genereux stated the Planning staff and Planning Board recommended approval In response to a question from Commissioner Allen L Mims , Jr , Mr Genereux stated the property could be rezoned back to AR R - 40 once the work was completed Case 416 Petition to rezone two parcels totaling approximately 2 acres located on Strickland’s Crossroads Road SR 1143 in Bentonville Township from Agricultural Residential 40 to Highway Business Special Use District Owners and Applicants James and Ruth Massey Mr Genereux indicated the property on the GIS map and noted this petition also began as a zoning violation Surrounding zoning is AR R - 40 Attorney Bob Spence , Jr , representing the owners , stated his clients have met with the Planning staff and the County Attorney , and are willing to be rezoned and follow the requirements of the zoning ordinance , even though , in his opinion , the property would still be under the grandfather clause since it was existing when countywide zoning went into effect Mr Genereux stated the Planning staff and Planning Board recommended approvalPagePage pageNumber5515 There being no further comments , the Chairman closed the public hearing 5 Decisions on Rezoning Cases Requesting Special Use Designation Case 413 Petition to rezone approximately 1 acre located on Webb Mill Road SR 1153 in Ingrams Township from Agricultural Residential 40 to Heavy Industrial Special Use District Owner and Applicant William Wade Crocker II Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved rezoning case 413 for William Wade Crocker II of approximately 1 acre located on Webb Mill Road SR 1153 in Ingrams Township from Agricultural Residential 40 to Heavy Industrial Special Use District Case 416 Petition to rezone two parcels totaling approximately 2 acres located on Strickland’s Crossroads Road SR 1143 in Bentonville Township from Agricultural Residential 40 to Highway Business Special Use District Owners and Applicants James and Ruth Massey Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech , and carried by unanimous vote , the Board approved rezoning case 416 for James and Ruth Massey of two parcels totaling approximately 2 acres located on Strickland’s Crossroads Road SR 1143 in Bentonville Township from Agricultural Residential 40 to Highway Business Special Use District 6 Public Hearing - Special Use Permit Request Advertised - The Smithfield Herald - July 2 and July 9 , 1999 Certified letters were mailed to adjoining property owners on July 2 , 1999 , and notices were posted at the locations on June 30 , 1999 The Chairman explained that this is a quasi - judicial hearing at which the Board of Commissioners hear factual testimony as opposed to opinions concerning these petitions for special use permits Persons wishing to give testimony were sworn in by the Clerk Case 413 Special use permit application for a land clearing inert debris landfill on approximately one acre located on Webb Mill Road SR 1153 in Ingrams Township Owner and Applicant William Wade Crocker II Mr Genereux reminded the Board this rezoning is required in order for Mr Crocker to get permits from the State to close out the work on the pit and have the necessary monitoring done to assure the contents of the pit will not cause groundwater contamination Only inert debris such as stumps , fill dirt , trees and lumber are allowed in a land clearing inert debris landfill Mr Crocker stated he would have no problem rezoning the property to AR R - 40 once the landfill is closed The Planning Board recommended approval of this permit with conditions , based on findings of fact Case 416 Special use permit application for limited auto sales , auto repairs and auto junkyard on approximately 2 acres located on Strickland’s Crossroads Road SR 1143 in Bentonville Township Owners and Applicants James and Ruth Massey Mr Genereux explained the Massey’s have operated their business since 1991 ; however , the operation has expanded significantly , which prompted the complaint of a zoning violation Ms Hicks showed photographs of the property that were taken on May 16 , 1999 Attorney Bob Spence stated the applicants are willing to improve the way the property looks by following all the County’s zoning requirements for this use Junked cars would not be stacked and would be confined behind an opaque 8 ft fence No more than 2 vehicles would be in the shop at any given time They would like to retain the use of a small auto sales lot and office with no more than 20 vehicles parked neatly in two rows of ten He noted the Masseys provide a benefit for the neighborhood , and even though they were grandfathered in when zoning was adopted , they are willing to be restrictedPagePage pageNumber6516 by zoning regulations Co - owner , Ruth Massey asked the Board to approve the permit and stated she and her husband would clean up the business as this represents their livelihood Also speaking in favor of the rezoning were the Massey’s daughter , Wanda Massey , and a sister , Peggy Jernigan Ms Linda Landis , who lives next to the property agreed and stated the Masseys have already begun improving the appearance of the property Rev James J Hudson spoke on behalf of Mr Massey and noted he has always been a good neighbor Mr Genereux stated the Planning staff and Planning Board recommended approval of the permit with conditions and based on findings of fact There being no further comments from the audience , the Chairman addressed the following questions to Mr Genereux concerning cases 413 and case 416 1 Mr Genereux , was a pre - application conference held by the Planning Department with the applicants on these cases Response Yes Sir 1 Did the applicants meet the requirements at that time by providing sketch plans illustrating the location , size and major design elements of the development of the sites Response Yes Sir 2 Did your department prepare an analysis of the applications including conformity with zoning , subdivision , soil erosion and sedimentation , and health regulations Response Yes Sir 3 Did the Planning Board advertise and hold a hearing open to the public Response Yes Sir 4 Was written certification sent to the adjacent property owners in a timely fashion Response Yes Sir 5 What is the recommendation of the Planning Board The Planning Board recommended approval of Case 413 and Case 416 Chairman Are conditions attached to this case Response Yes Sir Case 413 1 Must secure proper permits from state 2 Must close site 6 months from approval by County Commissioners , or as soon thereafter as practical Case 416 1 Hours of operation 7 am to 9 00 pm Monday through Saturday for garage and sales 1 Dedicate the back area of their property to the storage of a limited number of salvage vehicles within the area specified in the attached Rezoning Map Moreover , the permit would require the construction of a solid 8 ft fence , consistent with the current zoning ordinances around the salvage area so that the salvage autos will not be visible No stacking of vehicles will occur The Masseys have also committed to providing a landscaped buffer around the salvage area to make the area more appealing Neither the fence nor the buffer are currently required under the ordinances governing non - conforming uses 2 Limit the use of the small repair shop behind the Massey’s house to no more than two repair vehicles located at or around the repair shop at any time , with other repair vehicles , if any , to be located in the salvage area 3 Confine the auto sales to a small auto sales lot and office at the front of the property , with no more than 20 sales autos in inventory at any one time in two rows of 10 This is in contrast to past practices as offering cars for sale all over the Massey’s property 4 Utilize only a single tow truck a rollback and one wrecker Chairman Mr Genereux , please read to this Board the summary of the evidence supporting the Planning Board’s recommendations Response Mr Genereux read the following evidence of support found by the Planning Board on Cases 413 and 416 Case 413 1 Approval will bring the site into compliance 2 Rededication , as approved will lessen a public safety hazard 3 The site will be closed upon completion of rededication Case 416 1 The business has been in operation prior to 1991 2 Several citizens attended to support the rezoning 3 If developed as proposed the use will not detract from adjoining properties 7 Did you notify the applicants in writing of the Planning Board’s recommendations Response Yes Sir 8 Are the applicants aware that if the Commissioners deny the requests that no application can be accepted for the same or a similar use affecting the same property for a period of twelve 12 months Response Yes Sir PagePage pageNumber7517 9 Are the applicants aware that the right of appeal to the Superior Court must be exercised within thirty 30 days of this date Response Yes Sir 10 Are the applicants aware that the permit will expire at the end of twelve 12 months if it is not used as permitted within that time period Response Yes Sir 7 Decisions On Special Use Permit Requests Case 413 Petition to rezone approximately 1 acre located on Webb Mill Road SR 1153 In Ingrams Township from Agricultural Residential 40 to Heavy Industrial Special Use District Owner and Applicant William Wade Crocker II Upon a motion by Commissioner Jerry Wood , seconded by Commissioner Wade M Stewart , and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to William Wade Crocker II for a land clearing inert debris landfill on approximately one acre located on Webb Mill Road SR 1153 in Ingrams Township , based on the following findings of fact , and with the conditions that Mr Crocker secure proper permits from the State , and close the site within 6 months , or as soon thereafter as practical At the request of Commissioner Allen L Mims , Jr , Commissioner Wood amended the motion , with Commissioner Stewart’s approval , to include the condition that the County initiate the rezoning of this property back to Agricultural Residential 40 after the landfill site is closed Findings of Fact 1 Approval will bring the site into compliance 2 Rededication , as approved will lessen a public safety hazard 3 The site will be closed upon completion of rededication Case 416 Petition to rezone two parcels totaling approximately 2 acres located on Strickland’s Crossroads Road SR 1143 in Bentonville Township from Agricultural Residential 40 to Highway Business Special Use District Owners and Applicants James and Ruth Massey Upon a motion by Commissioner Allen L Mims , seconded by Commissioner Eleanor N Creech , and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to James and Ruth Massey for limited auto sales , auto repairs and auto junkyard on approximately 2 acres located on Strickland’s Crossroads Road SR 1143 in Bentonville Township , with the following conditions and based on the following findings of fact Conditions ` The hours of operation to be from 7 00 am to 9 00 pm , Monday through Friday for garage and sales ` Agree to dedicate the back area of their property to the storage of a limited number of salvage vehicles within the area specified in the proposed rezoning map , the construction of a solid 8 foot fence , consistent with the current zoning ordinances around the salvage area so that the salvage autos will not be visible , no stacking of vehicles , provide a landscaped buffer around the salvage area to make the area more appealing , ` Limit the use of the small repair shop behind the Massey’s house to no more than two repair vehicles located at or around the repair shop at any time , with other repair vehicles , if any , to be located in the salvage area ` Confine the auto sales to a small auto sales lot and office at the front of the property with no more than 20 sales autos in inventory at any one time in two rows of 10 ` Utilize only a single tow truck a rollback and one wrecker Findings of Fact 1 The business has been in operation prior to 1991 2 Several citizens attended to support the rezoning 3 If developed as proposed the use will not detract from adjoining properties Reports and Comments 8 Strategic Planning Committee to Make ReportPagePage pageNumber8518 Commissioner Thomas M Moore informed the Board the subcommittee appointed to address strategic planning in the County has come to a consensus on growth management issues and will present a report to the Board in the new future There being no further business , Commissioner Thomas M Moore moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote _______________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage