July 13, 1998 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

July 13, 1998 - Zoning113July 13, 1998The Johnston County Board of Commissioners met in regular session, Monday, July 13, 1998, at700 pm inthe Commissioners Room, Johnston County Courthouse Annex, Smithfield, North Carolina,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, Mark Payne, County Attorney and JoyceH Ennis, Clerk to the BoardThe Chairman called the meeting to order and the following business was transacted1 Public Hearing - Rezoning CasesAdvertised - The Smithfield Herald - July 3, July 10, 1998Certified letters were mailed to adjoining property owners on July 2, 1998, and notices wereposted at the locations on July 2, 1998The Chairman opened the public hearing and invited anyone who wished to comment on thefollowing rezoning cases Assistant County Manager, Rick Hester, explained that cases 331 and 335 areproposed as special use districts On these two cases, the only thing that can be discussed during thishearing is whether the properties should be rezoned No testimony concerning the proposed use can beheard until the second hearing on the special use permitsCase 331 Petition to rezone approximately 1 acre located on Jump Road State road 2321 inPine Level Township from Agricultural Residential 40 to General Business Special UseDistrict Owner and Applicant Billy W BraswellCal Genereux, Planning Director, stated this case originated from a zoning violation Mr Braswellconstructed a commercial building on his property without obtaining the proper zoning and special usepermit He pointed out the property on the GIS map and noted the surrounding zoning is ARR -40Ken Capps, adjacent property owner, voiced support of the rezoningBilly Braswell, property owner, explained his construction contractor assured him he had taken careof all the permitting He maintained he was unaware that anything else was requiredMr Genereux explained that last September, Jackson Builders obtained a land use permit for adetached garage on Mr Braswells property There was no indication of the size of the building and noreference to a business or commercial use The same day, Mr Braswells wife applied at theEnvironmental Health Department for a well permit to serve a business workshop In March of this year,the Planning Department received a complaint, after which staff visited the site and found a 40x100building that was serving a commercial use Staff then sent a notice of the violation to Mr Braswellexplaining that if he continued to use the facility as a business, he would have to have his propertyrezoned Mr Genereux noted that in order to prevent this situation in the future, changes have since beenmade to the land use permit application form requiring the size of the building be clearly statedIn response to a question as to why the Inspections Department did not realize this was an improperuse of the property, Mr Genereux noted the permit was for a detached garage, which did describe whatwas being built, and Inspections had no way of knowing the zoning was incorrectBoard members discussed the need for a better check and balance system to assure this type ofsituation does not recur The Assistant County Manager pointed out the County is moving toward centralpermitting which should eliminate this type of situationBo Barefoot, citizen who was in the audience, noted he had a similar problem with his property Heempathized with Mr Braswell and urged the Board to rezone the property to avoid considerable financialloss to the property owner114Case 335 Petition to rezone approximately 15 acres located on Creech Church Road State road2117 in ONeals Township from Agricultural Residential 40 to Highway BusinessSpecial Use District Owner and Applicant Nancy GloverMr Genereux pointed out the property on the GIS map and indicated the surrounding zoning isARR -40 He noted the property is located approximately 1000 feet from NC Hwy 42Property owner, Nancy Glover, was present and asked the Board to approve the rezoningCase 336 Petition to rezone approximately 2259 acres located on Cleveland Road State road1010 in Smithfield Township from Agricultural Residential 40 to Residential 30Owner and Applicant Nathan Russell AdamsMr Genereux indicated this property on the GIS map and stated the surrounding zoning is ARR -40and R -30 The property is located in an existing water districtOwner Nathan Adams stated he wishes to develop the property into a golf course communityCase 337 Petition to rezone approximately 79 acres located on Cornwallis Road State road1525 in Cleveland Township from Agricultural Residential 40 to Residential 30Owner and applicant Nell R JohnsonMr Genereux directed the Boards attention to the property on the GIS map and stated thesurrounding zoning is ARR -40, R -30 and Planned Unit Development The parcel is located in theCleveland Water DistrictIn response to a question by Commissioner Cookie Pope, Developer Sonny Johnson stated there areno plans at this time for any open spaces to be left in the development of this property CommissionerEleanor N Creech questioned why developers do not plan for walking trails and natural areas MrJohnson noted it is financially expedient to use all land that is suitable for building as home sites Sincethere is no requirement to provide open spaces, natural areas and recreational areas are usually consideredonly when there are portions of a development that are not suitable for building purposesMae Hickman, adjacent property owner, stated that Mr Johnsons plans would eliminate thedriveway to the back of her property She maintained the path along the property line was agreed uponwhen she purchased the property as a means of access to the back parcel, and according to the agreementwould never be closed Ms Hickmans son -in -law, Tim Strickland, also voiced concern It was notedthe County would have no legal avenue in which to assist Ms Hickmans family with this situation MsHickman would need to work this problem out with the Johnson family, and if necessary obtain a privateattorney to represent her interestRon May who lives across from the property expressed concern about the traffic that would begenerated by the development of 85 additional homesCase 338 Petition to rezone approximately 413 acres located at the intersection of Interstate 40and NC 42 in Cleveland Township from Heavy Industrial to Residential 10 Ownerand Applicant Son -Lan Development Company, Inc J C Johnson, JrMr Genereux pointed out the property on the GIS map and noted it is located near the I -40NC 42intersection where both water and sewer are available The property frontage is on Interstate 40, buttraffic would use the service road, Technology Drive, back to NC 42Developer Sonny Johnson stated that plans for this development have changed due to requirementsof US Fish and Wildlife, since some of the property is located in the flood plain The homes would bemulti - family dwellingsCase 339 Petition to rezone approximately 315 acres located on Mt Pleasant Road State road1533 in Pleasant Grove Township from Agricultural Residential 40 to Residential 30Owner and Applicant Ronald W Stephenson, et al115Mr Genereux indicated this property on the GIS map and noted the property is located near theintersection of Mt Pleasant Road and Old Fairground Road He noted there is concern about access tothe property close to this intersection, however the developer and staff are working together to find a wayto avoid traffic problemsDeveloper Sonny Johnson stated he is also working with the Department of Transportationconcerning access to the property He noted that attempts to purchase the adjacent property have beenunsuccessfulThere being no further comments, the Chairman closed the public hearing2 Decisions on Rezoning CasesCase 331 Petition to rezone approximately 1 acre located on Jump Road State road 2321 inPine Level Township from AgriculturalResidential 40 to General Business Special UseDistrict Owner and Applicant Billy W BraswellUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Thomas MMoore and carried by unanimous vote, the Board approved rezoning case 331 for Billy W Braswell ofapproximately 1 acre located on Jump Road State road 2321 in Pine Level Township fromAgricultural Residential 40 to General Business Special Use DistrictCase 335 Petition to rezone approximately 15 acres located on Creech Church Road State road2117 in ONeals Township from Agricultural Residential 40 to Highway BusinessSpecial Use District Owner and Applicant Nancy GloverUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board approved rezoning case 3 3 5 for Nancy Glover of approximately15 acres located on Creech Church Road State road 2117 in ONeals Township fromAgricultural Residential 40 to Highway Business Special Use DistrictCase 336 Petition to rezone approximately 2259 acres located on Cleveland Road State road1010 in Smithfield Township from Agricultural Residential 40 to Residential 30Owner and Applicant Nathan Russell AdamsUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board approved rezoning case 336 for Nathan Russell Adams ofapproximately 2259 acres located on Cleveland Road State road 1010 in Smithfield Township fromAgricultural Residential 40 to Residential 30Case 337 Petition to rezone approximately 79 acres located on Cornwallis Road State road1525 in Cleveland Township from Agricultural Residential 40 to Residential 30Owner and Applicant Nell R JohnsonCommissioner James H Langdon, Jr moved the Board approve rezoning case 337 for Nell RJohnson of approximately 79 acres located on Cornwallis Road State road 1525 in Cleveland Townshipfrom Agricultural Residential 40 to Residential 30 Commissioner Jerry F Wood seconded the motion,which carried by the following voteAyes Norman C Denning, James W Cash, Jerry F Wood, James H Langdon, Jr, Thomas MMoore and Eleanor N CreechNo Cookie PopeCase 338 Petition to rezone approximately 413 acres located at the intersection of Interstate 40and NC 42 in Cleveland Township from Heavy Industrial to Residential 10 Ownerand Applicant Son -Lan Development Company, Inc J C Johnson, JrCommissioner Thomas M Moore moved the Board approve rezoning case 338 for Son -LanDevelopment Company, Inc, J C Johnson, Jr of approximately 413 acres located at the intersectionof Interstate 40 and NC 42 in Cleveland Township from Heavy Industrial to Residential 10Commissioner Jerry F Wood seconded the motion, which carried by the following voteAyes Norman C Denning, James WMoore and Eleanor N CreechNo Cookie Pope116Cash, Jerry F Wood, James H Langdon, Jr, Thomas MCase 339 Petition to rezone approximately 315 acres located on Mt Pleasant Road State road1533 in Pleasant Grove Township from Agricultural Residential 40 to Residential 30Owner and Applicant Ronald W Stephenson, et alCommissioner James H Langdon, Jr moved the Board approve rezoning case 339 for Ronald WStephenson of approximately 315 acres located on Mt Pleasant Road State road 1533 in PleasantGrove Township from Agricultural Residential 40 to Residential 30 Commissioner Jerry F Woodseconded the motion, which carried by the following voteAyes Norman C Denning, James W Cash, Jerry F Wood, James H Langdon, Jr, Thomas MMoore and Eleanor N CreechNo Cookie Pope3 Public Hearing - Special Use PermitAdvertised - The Smithfield Herald - July 3, July 10, 1998Certified letters were mailed to adjoining property owners on July 2, 1998, and notices wereposted at the locations on July 2, 1998The Chairman opened the public hearing and invited anyone who wished to comment on thefollowing request for a special use permitPersons wishing to speak on these two cases were sworn in by the ClerkCase 331 Special use permit for working on equipment, meeting site and parking area onapproximately one acre located on Jump Road State road 2321 in Pine LevelTownship Owner and Applicant Billy W BraswellMr Braswell was no longer present at the meeting, and since there were questions the Boardwished to discuss with him concerning this special use request, it was agreed to postpone this case untilthe August 10, 1998 meetingCase 335 Special use permit for a driving range, par -3 miniature golf course and batting cageon approximately 15 acres located on Creech Church Road State road 2117 inONeals Township Owner and Applicant Nancy GloverMr Genereux explained Ms Glover wishes to have a golf driving range, and possibly a par -3miniature golf course and batting cage on her propertyNancy Glover offered to answer any questions the Board might have She indicated plans now areto be open seven days a week from 10 am to 10 pm In response to a question from CommissionerEleanor N Creech concerning the fact a church is located across from the property, Ms Glover statedthe activities on her property would not interfere with the church in any wayMr Genereux noted his office could address concerns about the hours, and the use of lights at thesite plan stage, if the Board so desiredThere being no further comments from the audience, the Chairman addressed the following questionsto Mr Genereux concerning Special Use Permit Case 3351 Mr Genereux, was a pre - application conferences held by the Planning Department with the applicanton this case Response Yes, Sir2 Did the applicant meet the requirements at that time by providing a sketch plan illustrating thelocation, size and major design elements of the development of the site Response Yes, Sir3 Did your department prepare an analysis of the application 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 Sir1176 What is the recommendation of the Planning Board Response The Planning Board recommendedapproval of Case 335 based on findings of factChairman Are conditions attached to this case Response No, SirChairman Mr Genereux, please read to this Board the summary of the evidence supporting thePlanning Boards recommendations Response Mr Genereux read the following evidence of support foundby the Planning Board on Case 335a Close proximity to NC 42b Site well suited for useC Market for recreation in the area7 Did you notify the applicant in writing of the Planning Boards recommendation Response Yes,Sir8 Is the applicant aware that if the Commissioners deny the request that no application can beaccepted for the same or a similar use affecting the same property for a period of twelve 12months Response Yes, Sir9 Is the applicant aware that the right of appeal to the Board of Adjustment must be exercised withinthirty 30 days of this date Response Yes, Sir10 Is the applicant aware that the permit will expire at the end of twelve 12 months if it is not usedas permitted within that time period Response Yes, SirThere being no further comments, the Chairman recessed the public hearing until August 10, 1998in order to hear case 3314 Decision on Special Use PermitCase 335 Special use permit application for a driving range, par -3 miniature golf course andbatting cage on approximately 15 acres located on Creech Church Road State road2117 in ONeals Township Owner and Applicant Nancy GloverUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board authorized the Planning Department to issue a specialuse permit to Nancy Glover for a driving range, par -3 miniature golf course and batting cage onapproximately 15 acres located on Creech Church Road State road 2117 in ONeals Township on thefollowing findings of facta Close proximity to NC 42b Site well suited for useC Market for recreation in the area5 Decision on Special Use Case 280 - Held Over from Januarv, 1998Case 280 Special use permit application on approximately 42 acres on Denning Road inBanner Township for disposal of wastewater residue Owner Cynthia Langdon,applicant Town of BensonAssistant County Manager, Rick Hester, stated a public hearing on this case was held January 12,1998 At present the case is approved as ARR -40 SUD with no permitted use The Town of Benson isrequesting permission to apply bio- solids on a one -time basis on five acres of the property as a testapplication for the community to observeStaff has recommended the Board consider approval of the special use with the condition that thepermit indicate this would be a one -time application only on 5 acres, and any decision as to the issuanceof a special use permit for long -term land application of bio- solids would be reserved until a later timeChairman Norman C Denning pointed out he and Commissioner Thomas M Moore traveled withseveral other people from the County to observe an application of bio- solids in Granville CountyUnfortunately, due to bad weather the planned application was delayed He stated, in his opinion, to allowa one -time permit for a test on a small strip of property in a local area would give citizens the opportunitynot only to observe the application process, but also a chance to visit the site after the application iscompleted to observe the long -term effectFollowing discussion, Commissioner Thomas M Moore moved the Board authorize the CountyPlanning Department to issue a special use permit to the Town of Benson for a one -time test applicationof wastewater residue on a five -acre portion of the 42 -acre property in special use case 280, with the118understanding any decision as to the issuance of a special use permit for long -term application of bio-solids is reserved until a later meeting Commissioner Jerry F Wood seconded the motion, which carriedby the following voteAyes Norman C Denning, James W Cash, Jerry F Wood, Eleanor N Creech, and ThomasM MooreNo James H Langdon, Jr and Cookie PopeCommissioners Langdon and Pope both indicated their votes were based on earlier commitmentsthey made to citizens in the area6 Wayne Cross - Road Access - Country Manor SubdivisionMr Genereux explained Mr Wayne Cross submitted a subdivision plat to the Planning Departmentin November, 1997 The plat was reviewed by the Planning Board at their December meeting, and dueto questions concerning whether the road would be private or public, approval was tabled until theFebruary, 1998 meeting At the February meeting, the subdivision was approved with the stipulation thataccess be provided to the adjoining property owned by Kenneth Talton This stipulation was not unusualas more than 20 subdivisions have been required to provide access to adjoining property owners MrCross was notified of the decision the following dayMr Genereux stated Mr Cross is planning multi - family housing on his property, and according tothe current Zoning Ordinance, is required to subdivide the property The proposed new SubdivisionOrdinance is being reviewed at this time, and hopefully will better address multi - family housing He notedthe Talton property does have road frontage in more than one locationAttorney Bob Spence, representing Mr Cross, stated his client went to the Planning Department andthe Environmental Health Department with plans to build a complex of rental duplex houses on his familyproperty in July, 1997 He was told he would have to subdivide the property in order to satisfy theEnvironmental Health regulations, even though he had no plans to sell any lots When the plat waspresented to the Planning Board in December, 1997, it was noted Mr Cross planned to build his road bystate standards, but keep it private in order to control access and protect his rental residents The PlanningBoard questioned the length ofthe proposed private road and indicated it would either need to be shortenedor made public No other problems with the plat were mentioned After some time, Mr Cross agreed forthe road to be made public and the plat was scheduled to come back to the Planning Board in February,1998 for approval The case was added to the consent agenda of the February meeting, and neither MrCross nor Mr Blackmon, his surveyor, attended The following day, Mr Cross was notified that the platwas approved with the stipulation that he provide access to Mr Taltons property This was the firstmention of a cut - through for the Talton propertyMr Spence stated the Subdivision Ordinance, according to his understanding, does not requireaccess to adjacent properties, and he maintained this requirement would be a financial burden on MrCross He noted a connecting road from the Talton property, in his opinion, would provide no benefitexcept allow Mr Talton to bring heavy equipment across his clients duplex housing area He asked theBoard to reverse the Planning Boards requirement for his client to provide access to the Talton propertySurveyor, Dennis Blackmon, stated he attended the December meeting, and his understanding wasthat the Planning Board approved the plat subject to Mr Cross shortening the road or making it publicHe asked that the case be tabled until he had time to discuss this with Mr Cross After Mr Cross agreedfor the road to be public, the request was resubmitted changing only the words private road to publicroad He noted he missed the February Planning Board meeting, but was unconcerned because hebelieved the plat had already been considered by the board and found acceptable except for the privatevs public road issueBoard members voiced appreciation for Mr Crosss situation, but questioned whether they had theauthority to make a decision on this matter as it appeared to be a case for the Board of AdjustmentIn discussion, Attorney Mark Payne informed the Board that since there was no formal appeal orpetition, in his opinion the Board of Commissioners could take no action on this matter He suggestedseveral options for Mr Cross as follows119• Continue negotiations with the Planning Department• Petition for reconsideration to the Planning Board• Appeal the Planning Board decision to the Board of Adjustment• Seek a variance before the Board of AdjustmentMr Spence responded, in his opinion, this situation does not need to be an appeal, and his client isnot seeking a variance He noted that when Attorney WA Holland, who was then the Planning attorney,was asked, he instructed Mr Cross to come to the Board of CommissionersIn discussion, the Board agreed this matter should go back before the Planning Board as soon aspossible to see if something can be worked out Mr Genereux assured the Commissioners it would beplaced on the Planning Board agenda for July 21, 19987 Award of Bid - Meadow School Sewer ProjectAssistant County Manager, Rick Hester, stated that Chairman Norman C Denning has located asource of revenue to provide the 75,000 shortfall on the Meadow School Sewer Project The bids, whichwere received on June 2 d, were first considered at the July 6th meeting, however award of contract waspostponed in an effort to locate the needed funds to build the project as proposed The ABC Board hasagreed to allocate 100,000 of their surplus; 75,000 to the County and 25,000 to be divided among the10 municipalities as required by lawUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board accepted the 75,000 appropriation from the AlcoholBeverage Board, approved the following budget amendment, and awarded contract to McMahan BrothersPipeline in Columbia South Carolina, at a bid price of 487,58115 with a project budget of 595,000Expenditure Increase - Special Appropriations10 58559060 Water Sewer Construction 75,000Revenue Increase10 460032705 ABC Beverage Tax 75,000NOTE Complete list of bidders included in the minutes of July 6, 1998, page 111, item 168 Proclamation - American Disabilities ActEllen Parrish, chairman of the Johnston County Disability Awareness Council, requested the Boardadopt a proclamation urging citizens to celebrate the progress ofthe Americans with Disabilities Act Shenoted the proclamation would be presented during a reception at the Raleigh Memorial Auditorium onMonday, July 20, 1998, during a celebration of the anniversary of the signing of the actUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board adopted the following proclamationPROCLAMATIONWHEREAS, all people with disabilities have abilities, talents and dreams; andWHEREAS, they make valuable contributions to the workforce and in society to their fullestcapacity; andWHEREAS, people with disabilities are guaranteed the right of access to programs, facilities andservices through the Americans with Disabilities Act ADA; andWHEREAS, we have an obligation to protect the civil rights of people with disabilities and toadvocate for compliance with the Americans with Disabilities Act, as we celebrate its Eighth Anniversary;andWHEREAS, we need to renew our commitment to these effortsNOW, THEREFORE, the Johnston County Board of Commissioners does hereby proclaimMonday, July 20, 1998 as ADA CELEBRATION DAY and urge all our citizens to celebrate andrecognize the progress that has been made and continues to be made toward including people withdisabilities in our societyProclaimed this the 13th day of July, 19981209 Request DOT Erect Sign Recognizing Piney Grove AreaCommissioner James W Cash informed the Board Ms Marie Clemmons, representing a group ofcitizens who reside in the Piney Grove area located south of Clayton, has contacted him requesting a signto identify her community Commissioner Cash stated he spoke with Board of Transportation member,Durwood Stephenson, and was informed that DOT would erect a Piney Grove Community sign ifrequested by the Board of CommissionersFollowing discussion, Commissioner James W Cash moved the Board request the NC DOT to erecta sign near the Piney Grove Church to identify Piney Grove Community, as requested CommissionerCookie Pope seconded the motion, which carried by unanimous voteThere being no further business, Commissioner Cookie Pope moved the Board adjournCommissioner Thomas M Moore seconded the motion, which carried by unanimous voteNorman C Denning, ChairmanJoyce K Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 11931 PMCreated3212003 14943 PMTemplateMinutesFieldsMinutes - TypeZoningMinutes - Date7131998Book21