February 8, 1999 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 297 February 8 , 1999 The Johnston County Board of Commissioners met in regular session , Monday , February 8 , 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 , Thomas M Moore , Wade M Stewart and Allen L Mims , Jr Absent Eleanor N Creech 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 1 Public Hearing - Rezoning Cases Advertised - The Smithfield Herald - January 29 and February 5 , 1999 Certified letters were mailed to adjoining property owners on January 28 , 1999 , and notices were posted at the locations on January 28 , 1999 The Chairman opened the public hearing and invited anyone who wished to comment on the following rezoning cases Case 376 Petition to rezone approximately 1497 acre parcel located on Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential 40 to Agricultural Residential 40 Special Use District Owner and Applicant Fay C Johnson Cal Genereux , Planning Director , pointed out the property on the GIS Map and noted the tract , which is located on SR 1010 next to Broadmoor Subdivision , is part of a larger parcel owned by the applicant Surrounding zoning is AR R40 , R - 30 , PUD and several special use districts He provided photographs of the area and noted that Mrs Johnson lives in a brick house adjacent to the property Terry Lane Johnson , husband of applicant and owner , asked the Board to approve rezoning Dennis Blackmon , surveyor , stated that he was hired by the applicant to draw a site plan He asked the Board for the opportunity to speak later in the Special Use Hearing Mr Genereux noted that staff recommended approval with the requirement that the applicant submit a site plan for staff review prior to this hearing The Planning board concurred and recommended approval as AR R - 40 Special Use District Case 377 Petition to rezone approximately 1425 acres located on US 70 Bypass in Wilson’s Mills Township from Agricultural Residential 40 and General Business to Light Industrial Owner and Applicant S Wallace Hales Cal Genereux , Planning Director , indicated the property on the GIS Map and noted the parcel is located on the south side of US 70 By - Pass next to Hesco , Mist and TSS , near the loop of Bear Farm Road Clearwater Subdivision is behind this property Surrounding zoning is Residential 10 , General Business , and AR R40 The property is within the Wilson’s Mills town limits , however , the town does not have planning or zoning , and contracts with the County to provide these services A letter was sent to Wilson’s Mills concerning this zoning request , and the town council has responded they have no problem with the request being approved A portion of the parcel is in the general business overlay district Public water and sewer is available Dennis Blackmon , surveyor , distributed a proposed site plan and stated that , in his opinion , light industrial would be the best use of the parcel Wallace Hales , property owner , stated he would like to turn the acreage into a small industrialPage298 park Doris Parrish , adjoining property owner , asked what type of industry was being considered Two of her sons have built homes on her property , and they have some concern about the increased traffic and general changes that might be made She pointed out there are also other families and small children in the area Mr Blackmon stated the property would be marketed for light industrial concerns similar to the existing Hesco , Mist , and TSS Concerning traffic , the existing road would be extended to form a loop around the property Mr Genereux stated that due to the site location , Both the staff and Planning Board recommended approval 2 Decision on Rezoning Cases Case 376 Petition to rezone approximately 1497 acre parcel located on Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential 40 to Agricultural Residential 40 Special Use District Owner and Applicant Fay C Johnson Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 376 for Fay C Johnson of approximately 1497 acres located on Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential 40 to Agricultural Residential 40 Special Use District Case 377 Petition to rezone approximately 1425 acres located on US 70 Bypass in Wilson’s Mills Township from Agricultural Residential 40 and General Business to Light Industrial Owner and Applicant S Wallace Hales Commissioner Allen L Mims , Jr questioned the County’s authority to rezone property inside the corporate limits of a municipality Attorney Mark Payne responded the County has the authority based on the agreement with the town to provide their zoning since they have no zoning ordinance or planning department Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Jerry F Wood , and carried by unanimous vote , the Board approved Rezoning Case 377 for S Wallace Hales of approximately 1425 acres located on US 70 Bypass in Wilson’s Mills Township from Agricultural Residential 40 and General Business to Light Industrial 3 Public Hearing - Special Use Permits The Chairman opened the public hearing and invited anyone who wished to comment on the following request for a special use permit Persons wishing to speak on Case 376 were sworn in by the Clerk Case 376 Special use permit application for a landscape supply and accessory business on approximately 1497 acre parcel located on Cleveland road SR 1010 in Cleveland Township Owner Fay C Johnson Mr Genereux noted that currently the owner applicant is operating a non - conforming business on the adjacent property , which he wishes to bring into conformity and expand The Planning Board recommended approval with the condition a site plan be submitted and approved by the Planning Department prior to this meeting He provided the Board with copies of the site plan prepared by Dennis Blackmon , and noted that staff feels the plan complies with the County’s ordinance In response to several questions from Board members , Mr Johnson stated the property where he has been operating a non - conforming business will revert to farm land His business will consist of retail sale of landscaping supplies and materials , and will be opened on week - ends only Page299 There being no further comments from the audience , the Chairman addressed the following questions to Mr Genereux concerning Special Use Permit Case 376 l Mr Genereux , was a pre - application conference held by the Planning Department with the applicant on this case Response Yes Sir 2 Did the applicant 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 application 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 , Sir 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 376 Chairman Are conditions attached to this case Response Yes , Sir Case 376 Site plan approved by Planning staff prior to submission to Board of Commissioners Chairman Mr Genereux , please read to this Board the summary of the evidence supporting the Planning Boards recommendations Response Mr Genereux read the following evidence of support found by the Planning Board on Case 376 1 There is an existing nonconforming business on the property 2 There was no opposition 3 The proposed use will bring the existing business into conformity 7 Did you notify the applicant in writing of the Planning Boards recommendations Response Yes , Sir 8 Is the applicant 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 Is the applicant aware that the right of appeal to the Superior Court must be exercised within thirty 30 days of this date Response Yes , Sir 10 Is the applicant 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 There being no further comments , the Chairman closed the public hearing 4 Decisions - Special Use Permits Case 376 Special use permit application for a landscape supply and accessory business on approximately 1497 acre parcel located on Cleveland road SR 1010 in Cleveland Township Owner Fay C Johnson Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore , and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Faye C Johnson for a landscape supply and accessory business on approximately 1497 acres based on the site plan that was submitted prior to this meeting , and based on the following findings of fact 1 There is an existing nonconforming business on the property 2 There was no opposition 3 The proposed use will bring the existing business into conformity 5 Handout for Public In response to a request at last months meeting , Planner Dave Roesler provided a handout he prepared for the public that explains the rezoning process This information will be provided each owner and or applicant , and will be available for other interested persons 6 Request for Time - Limited Position - Public Health Nurse Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board approved a time limited public health nurse I position funded entirely with Smart Start Grant Funds with the understanding the position will be eliminated when the funds are no longer available Page300 Board Reports and Comments 7 Greater Cleveland Business Association Deidre Jersey from the Cleveland Community announced the formation of the Greater Cleveland Business Association She explained they will be working closely with the County Sheriff and other officials concerning the safety and welfare of the Cleveland community Also efforts are being made to work with the postal authorities concerning a post office Developer Sonny Johnson asked if there is still a move to consider incorporation of the Cleveland area He noted he opposed this in the past , however , he might now be changing his mind He explained a large company he was recently talking to about locating in the vicinity informed him they would not consider moving into an unincorporated area Ms Jersey and Commissioner Cookie Pope , who is also a Cleveland resident , stated the community is still considering incorporation It was noted one of the major advantages to being a town is having a specific identity There being no further comments , Commissioner Cookie Pope moved the Board adjourn Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote _______________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage