May 10, 1999 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 415 May 10 , 1999 Continued May 10 , 1999 The Johnston County Board of Commissioners met in regular session , Monday , May 10 , 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 , Interim County Manager , Joyce H Ennis , Clerk to the Board , and Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted Public Comments 1 Appointments by the Chairman Subcommittee for further study on the County’s Strategic Plan At the April 22 , 1999 , meeting of the Board of Commissioners and the Comprehensive Plan Workgroup , it was suggested that the Chairman appoint a subcommittee to work with the Planning Department to develop a more definitive plan based on the proposed Strategic Plan report Chairman James H Langdon , Jr appointed Commissioner Allen L Mims , Jr , Commissioner Thomas M Moore , Charlie Parrish , Dennis Blackmon , Fred Smith , Hampton Whittington and Dave Roesler to this subcommittee Committee for Overseeing Renovation of the Old District Attorney’s Office Chairman Langdon appointed Commissioner Wade M Stewart , Commissioner Thomas M Moore , Ann Kirby , Mark Payne and Will Crocker to a committee to oversee the renovation of the old District Attorney’s Office 2 Public Hearing - Rezoning Cases Advertised - The Smithfield Herald - April 30 and May 7 , 1999 Certified letters were mailed to adjoining property owners on April 30 , 1999 , and notices were posted at the locations on April 28 , 1999 The Chairman opened the public hearing and invited anyone who wished to comment on the following rezoning cases Case 384 Petition to rezone approximately 31 acres located on Garner Road SR 2128 in Micro Township from Agricultural Residential 40 to Community Business Special Use District Owners and Applicants David Tedder and Pamela Turner Cal Genereux , Planning Director , indicated the property on the GIS Map and noted this parcel is the road frontage portion of a larger tract It is located approximately 2 ½ miles north of Micro , near Old Beulah Road Surrounding zoning is Agricultural Residential 40 Zoning Enforcement Officer , Phyllis Hicks , showed photographs of the property and the surrounding area She pointed out existing buildings on the site and noted this case began as a zoning violation The owner was using the buildings , which were originally storage facilities , as a business Neighbors had complained of the number of employees going in and out from the site and the equipment that was stored outside She showed pictures of several homes and mobile homes in the area Attorney Jeffrey Cook , of the law firm of Narron , O’Hale , and Whittington , represented the landowners He noted Mr Tedder has 20 to 25 employees , however , most of their work is off site There is a natural buffer between the business and the road , and the neighbors in front and beside Mr Tedder have no problem with the rezoning Page416 May 10 , 1999 Continued Mr Genereux noted the Planning Board recommended approval as a special use district based on findings of facts and conditions Case 387 Petition to rezone approximately 3 acres located on King Mill Road SR 1334 in Elevation Township from Agricultural Residential 40 to Highway Business Special Use District Owners and Applicants Danny and Melodie Messer Mr Genereux pointed out this parcel , which is a portion of a larger tract , on the GIS Map and noted surrounding zoning is AR R40 The applicant also owns the adjacent property Ms Hicks noted this case began as a zoning violation when neighbors complained about trash being burned unattended She showed photographs which depicted mostly farmland with a few mobile homes and houses in the vicinity The property directly across the road is vacant In response to a question from Commissioner Eleanor N Creech , Mr Genereux noted there are no existing trees buffering the property , and landscaping would need to be done Mr Genereux stated the Planning Board recommended denial Commissioner Wade M Stewart asked what was the difference in the previous case , which the Planning Board recommended for approval , and this case which was recommended for denial He noted the cases appear to be similar In response , Mr Genereux noted he could not answer for the Planning Board , but staff recommended denial for both cases A discussion followed about site plans , how they must be prepared and when they are to be submitted Mr Genereux noted a hand - drawn plan is sufficient at the Planning Board stage , however it must contain all the required information , which is requested on a checklist given to the applicant at the beginning of the process Mr Messer’s site plan was deficient in several areas Commissioner Thomas M Moore noted the way these cases are handled is very confusing to everyone and suggested it would be better for the Commissioners to consider the request for rezoning , then send it back for the Planning Board to consider the site plan and make recommendation for a special use permit Owner and applicant , Danny Messer , offered to answer any questions the Board might have and noted he would be willing to do whatever was needed to satisfy the Board Doug Bowman , who lives near this property , opposed the rezoning stating the community is agricultural residential and not appropriate for a business He referenced a petition , which was given to the Planning Board , with signatures from 15 families opposing the rezoning He stated , in his opinion , the County’s ordinance needs to better protect landowners Jean Massengill also opposed the rezoning She noted her husband was sick at the time he sold this property to Mr Messer Her mother - in - law still lives next to this parcel , and it has been very difficult on her to see the changes Mr Messer has already made to the property She asked the Board to deny the rezoning Carl and Nancy Langdon also opposed the rezoning stating they wished to see the property remain agricultural residential Case 388 Petition to rezone two parcels totaling approximately 7234 acres located on Short Journey Road SR 1578 in Smithfield Township from Agricultural Residential 40 to Residential 30 Owners Walthom Group III , Agent Dan Simmons Mr Genereux indicated the two parcels on the GIS Map and noted this site is located within the Hopewell Pisgah Water District Surrounding zoning is AR R - 40 , R - 30 and some commercial The two parcels only meet at a corner and are connected by a 50 easement along a third parcel that has two houses and is zoned AR R - 40 The two houses access the highway by means of an access easement along the side of one of the parcels to be rezoned Page417 May 10 , 1999 Continued In response to a question from Commissioner Wade M Stewart , Mr Genereux noted this area is served by Wilson’s Mills Elementary , Smithfield Middle and Smithfield - Selma Senior High School Ms Hicks showed photographs of the property from Short Journey Road , which indicated farmland with a few mobile homes and houses in the area Dan Simmons with Triangle Environmental stated this parcel is located in an environmentally sensitive area near Swift Creek which will require 50 buffers Because of the unsuitable soil and required buffers , R - 30 is needed to better utilize the land Even with R - 30 zoning , only 61 lots would be possible If the property is not rezoned , it would only support 35 to 40 lots Judy May , who lives on the property adjacent to the front tract , opposed the R - 30 rezoning She noted her home is away from the road , and the path leading to her property is used by three other residents , as well as farm equipment She stated most of the area has soil types that are not suitable for septic tanks , and even those areas where the soil will perk have the potential for problems with septic tank drainage She voiced concerns about erosion , well contamination , flooding , and the eventual contamination of Swift Creek which empties into the Neuse River She suggested the safety of the residents would be in jeopardy , and the quality of life would be destroyed if this property is developed as proposed She referenced a petition , given to the Planning Board , with 26 signatures asking this rezoning be denied Terry Husser , who owns the two acre tract in the middle of these two parcels , also opposed the rezoning He voiced several concerns including the increase in traffic and a possible increase in crime He noted the property has been a tree farm , and stated he would hate to see all the trees cut down in order to develop for houses He stated this is a peaceful farming community that does not need this type of development David Reeder , whose family has owned the adjoining property for many years , and whose mother still lives there , opposed the rezoning stating the area needs , in his opinion , to remain a farming community He also noted there is a very sharp curve on Short Journey Road which makes this a very dangerous place to enter the highway Additional traffic would only increase the possibility of accidents He asked that the Board deny the rezoning to Residential 30 In response to the comments , Mr Simmons noted the developers will have to abide by all regulations and will have to deal with the problems of erosion Mr Genereux noted the Planning Board recommended approval Case 396 Petition to rezone approximately 0985 acre parcel located on Stephenson Road SR 1322 in Elevation Township from Agricultural Residential 40 to General Business Special Use District Owner J Othell Benson , Applicant Donald Pertee Mr Genereux directed the Board’s attention to this property on the GIS Map and noted it is located near Highway 210 Of the 62 acre parcel , only 1 acre of road frontage is requested for rezoning Surrounding zoning is AR R - 40 , General Business , Interstate Highway District Overlay and some small commercial lots This case began as a zoning violation at another site , and the applicant , who felt the original site would not be approved for rezoning , wishes to move his business to this location and use a small existing building on the site Photographs of the property show a few mobile homes and houses in the area Don Pertee , 5805 Cornwallis Road , stated he plans to upgrade the building to make it more attractive , clean - up the area and add landscaping This site is more suitable than his previous location since the area is not surrounded by housing developments and is in close proximally to major roads There was no opposition to the rezoning at the Planning Board meeting Mr Genereux stated the Planning Board recommended approval with conditions and based on findings of fact Page418 May 10 , 1999 Continued Case 397 Petition to rezone approximately 1683 acres located on NC 210 in Pleasant Grove Township from Agricultural Residential 40 to Residential 30 Owner and Applicant Crossroads Development Corporation Mr Genereux indicated the property on the GIS Map and noted it is located on NC 210 near McGee’s Crossroads , within the McGee’s Crossroads Water District Surrounding zoning is AR R - 40 , R - 30 , Mobile Home Park , General Business , and Community Business Ms Hicks showed several photographs indicating wooded land along the road with occasional residents and businesses Mr Genereux stated the Planning Board recommended approval Case 399 Petition to rezone approximately 114 acre parcel located on NC 222 West in O’Neals Township from Agricultural Residential 40 to General Business Special Use District Owner Durwood Renfrow , Applicant Nelson Renfrow Mr Genereux pointed out the parcel on the GIS Map and noted it is located off NC 222 , northwest of Kenly Surrounding zoning is AR R - 40 and commercial Photographs showed an existing building on the property with several houses , mobile homes and small businesses in the vicinity Marian Hurley , who lives on Highway 222 , spoke on behalf of the owner She presented information from the engineer and a letter about the site plan He asked the Board to rezone the property Mr Genereux noted the Planning Board recommended approval with conditions and based on findings of fact Case 400 Petition to rezone approximately 6028 acres located on US 70 and Swift Creek Road SR 1501 in Wilson’s Mills Township from Agricultural Residential 40 to Residential 30 Owner and Applicant H M Enterprises , LLC Mr Genereux indicated the property on the GIS Map and noted this parcel is just outside the town limits of Wilson’s Mills near the intersection of Swift Creek Road and Highway 70 It is located within the Wilson’s Mills Water District near the Wilson’s Mills School The town was notified and the Planning Department received a letter stating they have no opposition to the rezoning Surrounding zoning is AR R - 40 , Industrial 1 , U S 70 Business Overlay , and some Residential 30 A portion of this parcel is within the commercial overlay Ms Hicks showed photographs of the surrounding property Tom Gould , representing H M Enterprises , stated this is not an environmentally sensitive area In his opinion , it would be in the best interest of the community if it was rezoned Residential 30 Mr Genereux stated the Planning Board recommended approval 3 Decisions on Rezoning Cases Case 384 Petition to rezone approximately 31 acres located on Garner Road SR 2128 in Micro Township from Agricultural Residential 40 to Community Business Special Use District Owners and Applicants David Tedder and Pamela Turner Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore , and carried by unanimous vote , the Board approved rezoning case 384 for David Tedder and Pamela Turner of approximately 31 acres located on Garner Road SR 2128 in Micro Township from Agricultural Residential 40 to Community Business Special Use District Case 387 Petition to rezone approximately 3 acres located on King Mill Road SR 1334 in Elevation Township from Agricultural Residential 40 to Highway Business Special Use District Owners and Applicants Danny and Melodie Messer Since there have been significant changes to this case , Commissioner Eleanor N Creech moved the Board send rezoning case 387 back to the Planning Board to be heard again , with the request it be scheduled for hearing as soon as legally possible Commissioner Allen L Mims , Jr , seconded the motion , which carried by unanimous vote PagePage pageNumber5419 May 10 , 1999 Continued Case 388 Petition to rezone two parcels totaling approximately 7234 acres located on Short Journey Road SR 1578 in Smithfield Township from Agricultural Residential 40 to Residential 30 Owners Walthom Group III , Agent Dan Simmons Commissioner Wade M Stewart moved the Board deny rezoning case 388 for the Walthom Group III , of approximately 7234 acres located on Short Journey Road SR 1578 in Smithfield Township from Agricultural Residential 40 to Residential 30 Commissioner Cookie Pope seconded the motion , which carried by the following vote Yes James H Langdon , Jr , Cookie Pope , Eleanor N Creech , Jerry F Wood , Allen L Mims , Jr and Wade M Stewart No Thomas M Moore Case 396 Petition to rezone approximately 0985 acre parcel located on Stephenson Road SR 1322 in Elevation Township from Agricultural Residential 40 to General Business Special Use District Owner J Othell Benson , Applicant Donald Pertee Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech , and carried by unanimous vote , the Board approved rezoning case 396 for J Othell Benson of approximately 0985 acre parcel located on Stephenson Road SR 1322 in Elevation Township from Agricultural Residential 40 to General Business Special Use District Case 397 Petition to rezone approximately 1683 acres located on NC 210 in Pleasant Grove Township from Agricultural Residential 40 to Residential 30 Owner and Applicant Crossroads Development Corporation Commissioner Jerry F Wood moved the Board approve rezoning case 397 for Crossroads Development Corporation of approximately 1683 acres located on NC 210 in Pleasant Grove Township from Agricultural Residential 40 to Residential 30 Commissioner Thomas M Moore seconded the motion , which carried by the following vote Yes James H Langdon , Jr Allen L Mims , Jr , Eleanor N Creech , Jerry F Wood , Thomas M Moore , and Wade M Stewart No Cookie Pope Case 399 Petition to rezone approximately 114 acre parcel located on NC 222 West in O’Neals Township from Agricultural Residential 40 to General Business Special Use District Owner Durwood Renfrow , Applicant Nelson Renfrow Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Eleanor N Creech , and carried by unanimous vote , the Board approved rezoning case 399 for Durwood Renfrow of approximately 114 acres located on NC 222 West in O’Neals Township from Agricultural Residential 40 to General Business Special Use District Case 400 Petition to rezone approximately 6028 acres located on US 70 and Swift Creek Road SR 1501 in Wilson’s Mills Township from Agricultural Residential 40 to Residential 30 Owner and Applicant H M Enterprises , LLC Commissioner Thomas M Moore moved the Board approve rezoning case 400 for H M Enterprises , LLC of approximately 6028 acres located on US 70 and Swift Creek Road SR 1501 in Wilson’s Mills Township from Agricultural Residential 40 to Residential 30 Commissioner Jerry F Wood seconded the motion , which carried by the following vote Yes James H Langdon , Jr , Allen L Mims , Jr , Wade M Stewart , Thomas M Moore , Eleanor N Creech , Jerry F Wood No Cookie Pope CASES TABLED AT LAST MONTH’S MEETING Case 386 Petition to rezone approximately 2817 acres located on SR 1528 Page Road in Cleveland Township from Agricultural Residential 40 to Residential 30 Owners and Applicants James Gerald Hobby and Sally J Hobby PagePage pageNumber6420 May 10 , 1999 Continued Case 386 was tabled last month for further information from the Planning Board after review of the site plan It was the consensus of the Board there should be access to the property in Johnston County Since the applicant is still working on providing a County access to the property , the Planning Staff has requested this case be continued for another month Commissioner Allen L Mims , Jr moved the Board again table rezoning case 386 The motion was seconded by Commissioner Wade M Stewart , and carried by unanimous vote Case 392 Petition to rezone three parcels totaling approximately 11438 acres located at the intersection of SR 1561 Lee Road and SR 1555 Barber Mill Road in Clayton Township from Agricultural Residential 40 to Residential 30 Owners Carolina Packers , Inc and Shirley A Bell Hubert Bell Heirs Agent Linwood Jones The Board tabled this case last month in order to obtain further information from the Department of Transportation concerning future plans for Ranch Road and or Lee Road Mr Genereux referenced a letter from DOT stating they have no plans to extend Ranch Road through this property Following discussion , Commissioner Thomas M Moore moved the Board approve rezoning case 392 for Carolina Packers , Inc and Shirley A Bell Hubert Bell Heirs of three parcels totaling approximately 11438 acres located at the intersection of SR 1561 Lee Road and SR 1555 Barber Mill Road in Clayton Township from Agricultural Residential 40 to Residential 30 Commissioner Allen L Mims , Jr seconded the motion , which carried by the following vote Yes James H Langdon , Jr , Allen L Mims , Jr , Eleanor N Creech , Jerry F Wood , Thomas M Moore and Wade M Stewart No Cookie Pope 4 Public Hearing Special Use Permits Advertised - The Smithfield Herald - April 30 and May 7 , 1999 Certified letters were mailed to adjoining property owners on April 30 , 1999 , and notices were posted at the locations on April 28 , 1999 The Chairman opened the public hearing and invited anyone who wished to comment on the following requests for special use permits Persons wishing to speak on Cases 393 , 384 , 387 , 396 , 399 and 401 were sworn in by the Clerk Case 393 REZONED LAST MONTH Special use permit application for 20,000 square foot lots on approximately 495 acres at the intersection of NC 42 and Cornwallis Road SR 1525 in Cleveland Township Owners Jesse and Lynda Austin Agent Don Rockwell Case 393 was heard last month and approved for rezoning to R - 10 Special Use District Due to having been advertised incorrectly , the special use permit hearing was postponed until this meeting Mr Genereux reminded the Board that even though the property was rezoned R - 10 , the developers , with this special use permit , would be limited to lots no smaller than 20,000 sq ft The Planning Board recommended approval based on findings of fact and with the condition that only single family detached housing could be constructed on the property Case 384 Special use permit application for a roofing business to include office , storage , inside fabrication , parking area for vehicles on approximately 311 acres located on Garner Road SR 2128 in Micro Township Owners and Applicants Pamela Turner and David Tedder Mr Genereux informed the Board this is a roofing and guttering business He presented the site plan submitted by the applicant and noted that even though it does not provide some details , such as the types of vegetative buffering he would provide , it is sufficient for this permit He noted if approved , the Planning staff will continue to work with him on specific details Jeff Cook , attorney for the applicants , noted Mr Tedder would be glad to work with the Planning Staff to make sure everything is approved PagePage pageNumber7421 May 10 , 1999 Continued Mr Genereux stated the Planning Board recommended approval based on findings of fact and conditions as to the hours of operation Case 396 Special use permit application for a body shop on approximately 0985 acre parcel located on Stephenson Road SR 1322 in Elevation Township Owner J Othell Benson , Applicant Donald Pertee Mr Genereux showed the Board a copy of the site plan He noted that Mr Pertee restores old cars , often referred to as American Muscle Cars He works on a referral basis and would use only limited signage at the site Mr Pertee has no other employees and has agreed to do as much work as possible inside the shop He has apparently improved the appearance of the property and was supported by several surrounding property owners at the Planning Board meeting In discussion about the site plan , Mr Pertee stated he had the site plan redrawn by a surveyor after Planning Staff looked at it , and would be willing to make any further changes that are necessary Mr Genereux noted the Planning Board recommended approval based on findings of facts and with specific conditions as to the hours of operation , number of vehicles allowed on the site and work being conducted on the inside of the facility Case 399 Special use permit application for an irrigation business on approximately 114 acres located on NC 222 West in O’Neals Township Owner Durwood Renfrow , Applicant Nelson Renfrow Mr Genereux noted this is a special use permit for an irrigation business The applicant plans to use an existing family - owned building and access highway 222 across family property He noted the Planning Board questioned the setback requirements and included this as a condition ; however , those concerns have been rectified The Planning Board recommended approval , based on findings of fact , with conditions concerning hours of operation and meeting the requirements of the Design Manual Case 401 Request to amend existing special use permit to allow 15 cars on approximately 19 acres located on King Mill Road SR 1334 and Hickory Grove Church Road SR 1333 in Elevation Township Owners and Applicants Johnnie and Crystal Roberts Mr Genereux explained that case 401 is a request for an amendment to an existing special use permit In July 1997 , the applicants received a special use permit reference Minutes of July 7 , 1997 for an automobile repair shop with the condition no more than four vehicles , inside and or outside , could be at the site at any given time Mr Roberts is requesting the number of vehicles be increased to 15 He indicated he is interested in being placed on the Highway patrol rotation for wrecker service Staff has approved the site plan which Mr Roberts submitted , and the only change would be additional landscaping along the west side of the property line Mr Roberts has a home on the property Ms Hicks showed photographs of the area noting a fence between the applicant’s house and shop area She pointed out there is a natural tree line on the adjoining property , and more trees are proposed along Mr Roberts side of the property line Applicant Johnnie Roberts addressed his concerns about the recommendations of the Planning Board as they relate to the size of trees he is to plant and the restrictions on sandblasting and painting outside of the shop Concerning the trees , he noted he plans to use Leyland Cypress trees as the buffer , and buying them 8 tall is expensive He also asked if he is required to plant additional vegetation where he already has a buffer Commissioner Wade M Stewart asked the planning staff about the requirements for vegetative buffers In response , Planner Dave Roesler stated the ordinance references the caliper width of the trunk rather than the height of the tree Normally the planning staff would not require that the trees be 8 at planting ; 4 - 5 trees planted approximately 10 apart should be sufficient as Leyland Cypress grow rapidly He pointed out , however , it was his understanding that the Planning Board was looking for extra requirements in this case The Planning Board did recommend the entire west side of his property be buffered and additional buffering be added where he already has some vegetation He currently has a fence on the road side PagePage pageNumber8422 May 10 , 1999 Continued Concerning sandblasting and painting outside of the shop , Mr Roberts stated he was reported to the EPA , and following investigation was given notice that what he is doing is not illegal He indicated he has documentation saying he can sandblast in the area he is currently using and is far below the allowed limit of paint per year that affects air quality He asked the Board to lift the restriction recommended by the Planning Board on outside painting and sandblasting LorieWilson Moore , who lives in the area , supported Mr Roberts ’ request He noted he is a sworn law enforcement officer for the Town of Four Oaks , and would like to see Mr Roberts added to the highway patrol wrecker rotation as this type of service is needed in the area Doug Bowman , who lives near the property , stated Mr Roberts originally had a permit to build a personal storage building , which turned into a business facility for auto body repairs When he was reported , the inspections department turned off his power and he applied for and was rezoned with a special use permit limiting him to four vehicles Mr Bowman stated at that time he was assured there would be an 8 fence built on the side between the business and his property No fence was built , and Mr Roberts did not comply with the limit of four cars He stated that Mr Roberts added additional footage to his building without a building permit and , in his opinion , the only reason he is asking for an amendment to his permit is because he was going to be cited for violations He stressed that if Mr Roberts is allowed to store wrecked cars at the site , there would be the possibility of soil contamination , which could run off into his Mr Bowman’s pond He noted he has spoken with officials at the state level and the only way to prevent contaminates from wrecked cars is to sanitize them Mr Bowman stated he did not oppose the request in 1997 , but after two years of seeing that Mr Roberts does not follow rules , takes short cuts and is not always truthful , he is opposed to this amendment , especially if Mr Roberts begins a wrecker business He noted he would not oppose an increase to possibly 8 vehicles with satisfactory buffering as long as Mr Roberts adheres to the restrictions recommended by the Planning Board Mr Genereux stated the Planning Board recommended approval based on findings of fact and with conditions that the applicant plant a vegetative buffer on the west side of the property prior to the increase in cars , satisfy the County Stormwater Ordinance , and have no outside painting and sandblasting Commissioner Allen L Mims , Jr pointed out the amendment includes an addition to the number of cars only , it does not reference permission for a wrecker service Commissioner Wade M Stewart asked if the original permit restricted the painting and sandblasting to the inside only Mr Genereux responded that the original permit had no restriction , however , when Mr Roberts requested the amendment , the door was opened for the Planning Board to look at other concerns Commissioner Thomas M Moore noted he was concerned with the issue of soil and water contamination He pointed out the Commissioners are responsible for trying to protect the waterways It would seem Mr Roberts is considering changing his use , and storing wrecked cars has a potential of saturating the ground with contaminates He asked the Planning Staff if the comments by Mr Bowman concerning Mr Roberts failure to get a permit for expanding his building and not complying with the requirement for four cars was correct Ms Hicks noted Mr Roberts did not get a permit for his expansion , and she has had a question about whether he is in compliance with the number of cars Commissioner Stewart suggested future permits should limit the amount of space in square footage instead of the number of cars Mr Genereux noted this would be easier to enforce There being no further comments , the Chairman addressed the following questions to Mr Genereux 1 Mr Genereux , was a pre - application conference held by the Planning Department with the applicants on these cases Response Yes Sir 2 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 3 Did your department prepare an analysis of the applications including conformity with zoning , subdivision , soil erosion and sedimentation , and health regulations Response Yes , we did 4 Did the Planning Board advertise and hold a hearing open to the public Response Yes , SirPagePage pageNumber9423 May 10 , 1999 Continued 5 Was written certification sent to the adjacent property owners in a timely fashion Response Yes Sir 6 What is the recommendation of the Planning Board Response The Planning Board recommended approval of Case 393 , Case 384 , 396 , 399 and 401 Chairman Are conditions attached to these cases Response Yes Sir Case 393 1 No lots less than 20,000 sq ft 2 Must be single family detached dwellings Case 384 1 A professionally drawn site plan , consistent with the County Design manual , to be sumbitted to the Planning Department three weeks prior to the County Commissioners Meeting - Mr Genereux noted this was done 2 Hours of operation 7 00 am to 6 00 pm - Monday through Friday Case 396 1 Hours of operation - 7 00 am to 11 00 pm Monday - Saturday 2 100 of work done inside 3 Maximum of 15 vehicles on site Case 399 1 Must meet all setback requirements 2 Hours of operation 7 00 am to 7 00 pm 3 Must meet Design Manual requirements Case 401 1 Site plan amended to show a vegetative buffer on west side for the Planning Department’s approval prior to allowing the 15 car limit 2 Adhere to the County Stormwater Plan 3 Sandblasting and painting must be done inside building Chairman Mr Genereux , please read to this Board the summary of the evidence supporting the Planning Board’s recommendation Response Mr Genereux read the following evidence of support found by the Planning Board on Cases 393 , 384 , 396 , 399 and 401 Case 393 1 The proposed lot size will be in harmony with the existing neighborhood 2 Representatives of adjacent property owners were in favor of the rezoning 3 Proposed rezoning will not adversely impact surrounding land values Case 384 1 The use will not lower the over all appearance of the community 2 The use is primarily that of storage of work equipment and some materials 3 The structure is setback far from the road and there was no opposition Case 396 1 The proposed use will improve the appearance of the property 2 The business will be conducted indoors 3 The type of business restoration will not produce the typical outside storage of vehicle parts typically associated with a “ body shop ” Case 399 1 The proposed use is consistent with the surrounding properties 2 Dimensional non - conformities will be eliminated 3 There was no opposition from adjoining property owners Case 401 1 The applicant will comply with all state and local measures for surface water protection 2 The outside storage will be sufficiently buffered as to hide stored vehicles from view 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 request 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 9 Are the applicants aware that the right of appeal to the Board of Adjustment 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 they have not used as permitted within that time period Response Yes There being no fruther comments , the Chairman closed the public hearing 5 Decisions on Special Use Permits Case 393 REZONED LAST MONTH Special use permit application for 20,000 square foot lots on approximately 495 acres at the intersection of NC 42 and Cornwallis Road SR 1525 in Cleveland Township Owners Jesse and Lynda Austin Agent Don Rockwell Page0424 May 10 , 1999 Continued Commissioner Thomas M Moore moved the Board authorize the Planning Department to issue a special use permit to Jesse and Lynda Austin for 20,000 square foot lots on approximately 495 acres at the intersection of NC 42 and Cornwallis Road SR 1525 in Cleveland Township , based on the following findings of fact and with the conditions that only single family detached dwellings be built with no lots less than 20,000 sq ft Commissioner Allen L Mims , Jr seconded the motion , which carried by the following vote Yes James H Langdon , Jr , Eleanor N Creech , Jerry F Wood , Allen L Mims , Jr , Wade M Stewart and Thomas M Moore No Cookie Pope Findings of Fact 1 The proposed lot size will be in harmony with the existing neighborhood 2 Representatives of adjacent property owners were in favor of the rezoning 3 Proposed rezoning will not adversely impact surrounding land values Case 384 Special use permit application for a roofing business to include office , storage , inside fabrication , parking area for vehicles on approximately 311 acres located on Garner Road SR 2128 in Micro Township Owners and Applicants Pamela Turner and David Tedder Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart , and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Pamela Turner and David Tedder for a roofing business to include office , storage , inside fabrication , parking area for vehicles on approximately 311 acres located on Garner Road SR 2128 in Micro Township , based on the following findings of fact and with the condition that the hours of operation be limited to 7 00 am to 6 00 pm , Monday through Friday Findings of Fact 1 The use will not lower the over all appearance of the community 2 The use is primarily that of storage of work equipment and some materials 3 The structure is setback far from the road and there was no opposition Case 396 Special use permit application for a body shop on approximately 0985 acre parcel located on Stephenson Road SR 1322 in Elevation Township Owner J Othell Benson , Applicant Donald Pertee Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Thomas M Moore , and carried by unanimous vote , the Board authorized the Planning Board to issue a special use permit to J Othell Benson for a body shop on approximately 0985 acre parcel located on Stephenson Road SR 1322 in Elevation Township , based on the following findings of fact and with the conditions that the hours of operation will be limited to 7 00 am to 11 00 pm , Monday through Saturday , all work will be done inside , and there will be no more than 15 vehicles on the site at any given time Findings of Fact 1 The proposed use will improve the appearance of the property 2 The business will be conducted indoors 3 The type of business restoration will not produce the typical outside storage of vehicle parts typically associated with a “ body shop ” Case 399 Special use permit application for an irrigation business on approximately 114 acres located on NC 222 West in O’Neals Township Owner Durwood Renfrow , Applicant Nelson Renfrow Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Eleanor N Creech , and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Durwood Renfrow for an irrigation business on approximately 114 acres located on NC 222 West in O’Neals Township , based on the following findings of fact and with the condition that the applicant must meet all setback requirements , all Design Manual requirements , and the hours of operation are limited to 7 00 am to 7 00 pm Page1425 May 10 , 1999 Continued Findings of Fact 1 The proposed use is consistent with the surrounding properties 2 Dimensional non - conformities will be eliminated 3 There was no opposition from adjoining property owners Case 401 Request to amend existing special use permit to allow 15 cars on approximately 19 acres located on King Mill Road SR 1334 and Hickory Grove Church Road SR 1333 in Elevation Township Owners and Applicants Johnnie and Crystal Roberts Motion Commissioner Thomas M Moore moved the Board deny rezoning case 401 The motion failed due to the lack of a second Motion Commissioner Wade M Stewart moved the Board authorize the Planning Department to issue a special use permit amendment to Johnnie and Crystal Roberts to allow 15 cars on approximately 19 acres located on King Mill Road SR 1334 and Hickory Grove Church Road SR 1333 in Elevation Township based on findings of facts and with the conditions recommended by the Planning Board Commissioner Cookie Pope seconded the motion Discussion Commissioner Allen L Mims , Jr stated he would like to see the motion based on square footage instead of the number of vehicles Commissioner Stewart stated that could be changed in future amendments or rewrites of the ordinance He stated his motion would stand with the limit of 15 cars Motion to Amend Motion Commissioner Allen L Mims , Jr moved to amend the motion on the floor to limit the applicant to 2500 sq ft in addition to the buffered areas , with the entire area fenced and all work to be done on the inside of the building , with the understanding the only vehicles parked on the outside would be ready for pick up , and with the condition the applicant would follow any regulations required by wrecker service including a chain link fence Commissioner Mims further moved the applicant be aware that any violation would result in his permit being revoked Commissioner Jerry F Wood seconded this motion Discussion Mr Genereux suggested the applicant might not still be interested in providing wrecker service Mr Roberts agreed this was just something he was considering for the future Attorney Mark Payne stated the petition includes the possibility of a wrecker service , and taking that into consideration , fencing would be required The applicant would have to comply with all requirements that apply Motion to Amend the Motion Withdrawn Following further discussion , Commissioner Allen L Mims , Jr withdrew his motion to amend Commissioner Jerry F Wood withdrew his second Commissioner Jerry F Wood voiced concern that cases are coming to this Board with changes since the Planning Board hearing , which is creating confusion He suggested this is not acceptable practice Commissioner Eleanor N Creech agreed and noted at this point she wondered if anyone knew what was being asked for and suggested she was not even sure the applicant understood Motion Withdrawn Following further comments , Commissioner Wade M Stewart withdrew his motion Commissioner Cookie Pope withdrew her second New Motion Commissioner Wade M Stewart moved the Board authorize the Planning Department to issue a special use permit amendment to Johnnie and Crystal Roberts to allow 15 cars on approximately 19 acres located on King Mill Road SR 1334 and Hickory Grove Church Road SR 1333 in Elevation TownshipPage2426 May 10 , 1999 Continued based on the following findings of facts and with the condition that the applicant not provide wrecker service , be limited to no more than 15 cars , provide an amended site plan to show a vegetative buffer on the west side for the Planning Department’s approval before he increases the number of cars from the previous limit of four , adhere to the County Stormwater Ordinance , and conduct all sandblasting and painting inside his building Commissioner Cookie Pope seconded the motion , which carried by the following vote Yes James H Langdon , Jr , Cookie Pope , Eleanor N Creech , Wade M Stewart and Allen L Mims , Jr No Jerry F Wood and Thomas M Moore Attorney Mark Payne repeated the conditions for the purpose of making sure everyone understood the requirements the applicant must follow Case 370 TABLED AT THE JANUARY 11 , 1999 MEETING Special use permit application for a storage warehouse for a masonry business on approximately 3 acres located on Old Beulah Road SR 1934 in Micro Township Owners and Applicants Jerry and Patricia Baker Mr Genereux explained the Board rezoned this property in January to Community Business Special Use District The special use permit request was heard in public hearing and tabled until a completed site plan was submitted He noted the Planning staff has received and reviewed the site plan and find it satisfactory A few minor changes were suggested He did not have the site plan with him , and was unable to locate it at the time Following a short wait to see if the site plan could be located , Commissioner Thomas M Moore moved the Board , based on the Planning Staff’s assurance the site plan was sufficient , authorize the Planning Staff to issue a special use permit to Jerry and Patricia Baker for a storage warehouse for a masonry business on approximately 3 acres on Old Beulah Road in Micro Township , based on the following findings of fact Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Findings of Fact 1 The proposed land use will not be visible from the street 2 Adjoining land owners were not in opposition Board Reports and Comments 6 Procedural Issues Concerning Zoning Cases Mr Genereux asked the Board for direction on how the Planning Staff needs to address problem cases such as several of the ones heard at this meeting He noted it is not always easy , or even possible , to help the applicant get what he wants and at the same time adhere to the ordinance and manuals that have been approved by the Board As an example , he asked whether the staff was to require surveyed site plans or not This has been done in some cases , but not required for others Board members expressed the need to be consistent in how everyone is treated The same rules and regulations must apply in every case Chairman Langdon noted that several of the cases heard at this meeting had too many issues left unresolved He suggested those cases should not come before the Board of Commissioners until they are ready for a final decision Following further discussion , Chairman Langdon asked the staff to list the problems they are experiencing and put the procedural questions they have in written form for the Board to consider He also asked staff to develop a plan or give suggestions for making these zoning issues less confusing for everyone Additional Items Discussed C Commissioner representative sitting on Planning Board - Mr Mims asked for clarification of his role as an ex - officio member of Planning Board C The need for certified mail for certain tax noticesPage3427 May 10 , 1999 Continued 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