September 14, 1998 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

153September 14, 1998The Johnston County Board of Commissioners met in regular session, Monday, September 14,1998, at 700 pm in the Commissioners Room, Johnston County Courthouse Annex, Smithfield, NorthCarolina, with the following membersPresent Norman C Denning, Chairman, James W Cash, Vice Chairman, Jerry F Wood, DDS,Eleanor N Creech, Cookie Pope, Thomas M Moore and James H Langdon, JrAbsent NoneAlso Present Rick Hester, Assistant County Manager, Joyce H Ennis, Clerk to the Board, andMark Payne, AttorneyThe Chairman called the meeting to order and announced that James E and Kathy B RogersonCase 343, which was held over from last month, have withdrawn their request for rezoning Thefollowing business was transacted1 Public Hearing - 700 pm - Rezoning CasesAdvertised - The Smithfield Herald on September 4, 11, 1998Certified letters were mailed to adjoining property owners on September 4, 1998, and noticeswere posted at the locations on September 1, 1998The Chairman opened the public hearing and invited anyone who wished to address the Board onthe following petitions for rezoning It was pointed out that cases 347, 348, 349 and 350 are for specialuse districts, and only information concerning the suitability for rezoning can be discussed on these casesduring this hearing Any testimony about the proposed use of the property can only be given at the specialuse hearing which follows later in the meetingCase 345 Petition to rezone approximately 3 acres located on NC 50 in Pleasant GroveTownship from Mobile Home Park District to Residential 30 Owners and ApplicantsLenward and Peggy JonesCal Genereux, Planning Director, indicated the property on the GIS map and noted the acreage tobe rezoned is a portion of a larger parcel that is zoned mobile home park district The surrounding zoningis Community Business, Residential 30, ARR -40 and General Business The property is within theMcGees Crossroads Water District Residential 30 zoning allows only stick -built homes or doublewidemobile homes on permanent foundationsCase 346 Petition to rezone approximately 15 acre parcel located on Old Drug Store Road SR1524 in Cleveland Township from Agricultural Residential 40 and Interstate HighwayDistrict to Community Business Owner and Applicant Patricia PearceMr Genereux pointed out the parcel on the GIS map He noted a portion of the property is alreadyin the Interstate Highway District, and this rezoning would make the entire parcel suitable for commercialdevelopment Surrounding zoning is ARR -40 and General BusinessThe owners of the property were present and offered to answer questionsCase 347 Petition to rezone approximately 1 acre parcel located on Massengill Pond Road SR1313 in Pleasant Grove Township from Agricultural Residential 40 to GeneralBusiness Special Use District Owner and Applicant Aubrey ButlerMr Genereux pointed out this property on the GIS map noting its proximity to Harnett County Thesurrounding zoning is ARR -40, Residential 30 and General BusinessMr Butler, owner of the property, asked the Board to approve rezoningThe following three cases were heard together since the parcels are adjoining tracts, and if approvedfor rezoning, the same applicant is requesting a special use permit for all three parcels154Case 348 Petition to rezone approximately 32 acres located on Holly Grove Church Road SR1113 in Meadow Township from Agricultural Residential 40 to Industrial 2 HeavyIndustrial Special Use District Owners Thomas and Mary Park, ApplicantWilliams Sand and GravelCase 349 Petition to rezone approximately 503 acres located at the intersection of Lee - JohnsonRoad SR 1120 and Holly Grove Church Road SR 1113 in Meadow Township fromAgricultural Residential 40 to Industrial 2 Heavy Industrial Special Use DistrictOwner Sallie Johnson Applicant Williams Sand and GravelCase 350 Petition to rezone approximately 185 acres located at the intersection of Lee - JohnsonRoad SR 1120 and Holly Grove Church Road SR 1113 in Meadow Township fromAgricultural Residential 40 to Industrial 2 Heavy Industrial Special Use DistrictOwners Charles and Judith Denning Applicant Williams Sand and GravelMr Genereux directed the Boards attention to the GIS map of the three properties The parcels areowned by three separate landowners Surrounding zoning is predominately ARR -40Mark Bryan, representing the applicant in each case, offered to answer any questions the Boardmight haveCase 351 Petition to rezone approximately 138 acres located on NC 210 in Pleasant GroveTownship from Agricultural Residential 40 to Community Business Owner andApplicant Steve BuffkinMr Genereux pointed out the parcel on the GIS map and stated the surrounding zoning is GeneralBusiness and Residential 30 The property is located near the I -40 Interstate Overlay District near the newMcGees Crossroads Elementary SchoolCase 352 Petition to rezone approximately 1046 acres located on Thanksgiving Fire DepartmentRoad SR 1720 in Wilders Township from Agricultural Residential 40 to Residential30 Owner and Applicant William Odell EdwardsMr Genereux indicated the parcel on the GIS map and noted the surrounding zoning is ARR -40,PUD, and R -30There being no further comments, the Chairman closed the public hearing2 Decisions on Rezoning CasesCase 345 Petition to rezone approximately 3 acres located on NC 50 in Pleasant GroveTownship from Mobile Home Park District to Residential 30 Owners and ApplicantsLenward and Peggy JonesUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Thomas MMoore and carried by unanimous vote, the Board approved rezoning case 345 for Lenward and PeggyJones for three acres on NC 50 in Pleasant Grove Township from Mobile Home Park District toResidential 30Commissioner Cookie Pope stated for the record that she is usually opposed to R -30 zoning, butsupported this rezoning because she feels R -30 is an upgrade from Mobile Home Park zoning designationCase 346 Petition to rezone approximately 15 acre parcel located on Old Drug Store Road SR1524 in Cleveland Township from Agricultural Residential 40 and Interstate HighwayDistrict to Community Business Owner and Applicant Patricia PearceUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board approved rezoning case 346 for Patricia Pearce for 15 acreson Old Drug Store Road in Cleveland Township from ARR -40 and Interstate Highway District toCommunity Business15514, 1998 Continued Case 347 Petition to rezone approximately 1 acre parcel located on Massengill Pond Road SR1313 in Pleasant Grove Township from AgriculturalResidential 40 to GeneralBusiness Special Use District Owner and Applicant Aubrey ButlerUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board approved rezoning case 347 for Aubrey Butler for 1 acre onMassengill Pond Road in Pleasant Grove Township from ARR -40 to General Business Special UseDistrictCase 348 Petition to rezone approximately 32 acres located on Holly Grove Church Road SR1113 in Meadow Township from AgriculturalResidential 40 to Industrial 2 HeavyIndustrial Special Use District Owners Thomas and Mary Park, ApplicantWilliams Sand and GravelUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board approved rezoning case 348 for Thomas and Mary Parkfor 32 acres on Holly Grove church Road in Meadow Township from ARR -40 to Industrial 2 SpecialUse DistrictCase 349 Petition to rezone approximately 503 acres located at the intersection of Lee- JohnsonRoad SR 1120 and Holly Grove Church Road SR 1113 in Meadow Township fromAgriculturalResidential 40 to Industrial 2 Heavy Industrial Special Use DistrictOwner Sallie Johnson Applicant Williams Sand and GravelUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board approved rezoning case 349 for Sallie Johnson for 503 acresat the intersection of Lee - Johnson Road and Holly Grove Church Road in Meadow Township from ARR-40 to Industrial 2 Special Use DistrictCase 350 Petition to rezone approximately 185 acres located at the intersection of Lee - JohnsonRoad SR 1120 and Holly Grove Church Road SR 1113 in Meadow Township fromAgriculturalResidential 40 to Industrial 2 Heavy Industrial Special Use DistrictOwners Charles and Judith Denning Applicant Williams Sand and GravelUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Thomas MMoore and carried by unanimous vote, the Board approved rezoning case 350 for Charles and JudithDenning for 185 acres at the intersection of Lee - Johnson Road and Holly Grove Church Road in MeadowTownship from ARR-40 to Industrial 2 Special Use DistrictCase 351 Petition to rezone approximately 138 acres located on NC 210 in Pleasant GroveTownship from AgriculturalResidential 40 to Community Business Owner andApplicant Steve BuffkinUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board approved rezoningcase 351 for Steve Buftkin for 138 acreson NC 210 in Pleasant Grove Township from ARR-40 to Community BusinessCase 352 Petition to rezone approximately 1046 acres located on Thanksgiving Fire DepartmentRoad SR 1720 in Wilders Township from AgriculturalResidential 40 to Residential30 Owner and Applicant William Odell EdwardsCommissioner Thomas M Moore moved the Board approve rezoning case 352 for William OdellEdwards of 1046 acres on Thanksgiving Fire Department Road in Wilders Township from ARR -40 toResidential 29 Commissioner Eleanor N Creech seconded the motion, which carried by the followingvote 30 corrected 10598Ayes Norman C Denning, James W Cash, Jerry F Wood, Thomas M Moore, Eleanor NCreech„ and James H Langdon, JrNo Cookie Pope1563 Public Hearing - Special Use Permit RequestsAdvertised - The Smithfield Herald on September 4, 11, 1998Certified letters were mailed to adjoining property owners on September 4, 1998, and noticeswere posted at the locations on September 1, 1998Those persons wishing to give testimony regarding Cases 347, 348, 349, and 350 were sworn in bythe ClerkCase 347 Special use permit application for mini - storage warehouses on approximately one acrelocated on Massengill Pond Road SR 1313 in Pleasant Grove Township Owner andApplicant Aubrey ButlerMr Genereux explained that Mr Butler wishes to build and operate a mini - storage facility on theproperty in accordance with the regulations set out in the County Zoning OrdinanceCases 348, 349 and 350 were heard together since they are adjoining properties and the sameapplicant is applying for the same type of permit for all three propertiesCase 348 Special use permit application for sand gravel mining on approximately 32 acreslocated on Holly Grove Church Road SR 1113 in Meadow Township OwnersThomas and Mary Park Applicants Williams Sand and GravelCase 349 Special use permit application for sand gravel mining on approximately 5032 acreslocated at the intersection of Lee - Johnson Road SR 1120 and Holly Grove ChurchRoad SR 1113 in Meadow Township Owner Sallie Johnson Applicant WilliamsSand and GravelCase 350 Special use permit application for sand gravel mining on approximately 185 acreslocated at the intersection of Lee - Johnson Road SR 1120 and Holly Grove ChurchRoad in Meadow Township Owners Charles and Judith Denning ApplicantWilliams Sand and GravelMr Genereux again pointed out the adjoining tracts on the GIS map, and indicated the existingsandgravel mining facility across the road to the south of these properties, which is operated by WilliamsSand and Gravel He noted it is the applicants wish to replicate the existing operation on the proposedpropertiesMark Bryan, President of Williams Sand and Gravel, stated he began operation on the existing sitein 1987 That site is near completion as far as his operation is concerned, and he would like to move tothe new properties In response to a question from Commissioner Eleanor N Creech, Mr Bryan statedhis company is bonded and is responsible for leaving property sown with grass and in good conditionwhen digging is completed He pointed out the company would probably only dig on approximately one-half of the new acreage because of the required buffer areas and since some of the property is wetlandsThe Chairman closed the public hearingThe Chairman reopened the public hearing and addressed the following questions to Mr Genereuxconcerning Special Use Permit Cases 347, 348, 349, and 3501 Mr Genereux, were pre - application conferences held by the Planning Department with the applicantson this cases Response Yes Sir2 Did the applicants meet the requirements at that time by providing sketch plans illustrating thelocation, size and major design elements of the development of the sites Response Yes, Sir3 Did your department prepare an analysis of the applications including conformity with zoning,subdivision, soil erosion and sedimentation, and health regulations Response Yes, we did4 Did the Planning Board advertise and hold a hearing open to the public Response Yes, Sir5 Was written certification sent to the adjacent property owners in a timely fashion Response Yes Sir6 What is the recommendation of the Planning Board Response The Planning Board recommendedapproval of Cases 347, 348, 349 and 350 based on findings of factChairman Are conditions attached to these cases Response Yes, Sir on Case 347Case 347 - 1 Landscape buffers - 40 along road front2 Landscape buffers - 30 along east and south property lines