February 9, 1998 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

February 9, 1998The Johnston County Board of Commissioners met in regular session Monday, February 9, 1998, at700 pm in the 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 Richard B Self, County Manager, and Joyce H Ennis, Clerk to the BoardThe Chairman called the meeting to order and the following business was transacted1 Boy Scouts RecognizedCommissioner Cookie Pope noted February is Boy Scout Recognition Month Several local troopswere represented at the meeting Troop leaders explained the scouts in attendance were working on theircitizenship badgesBoard members welcomed the scouts and their leaders, and encouraged them to come back on otheroccasions to learn how their government works2 Public Hearing - Rezoning CasesAdvertised - The Smithfield Herald - January 27, February 3, 1998Certified letters were mailed to adjoining property owners on January 29, 1998, and noticeswere posted at the locations on January 29, 1998The Chairman opened the public hearing and invited anyone who wished to comment on thefollowing rezoning cases He stressed that in the cases which are proposed as special use districts, the onlything that can be discussed is whether the property should be rezoned No discussion about the proposeduse can be heard until the second hearing on the special use permitsCase 300 Petition to rezone approximately 63 acres located off NC 210 in Elevation Townshipfrom Agricultural Residential 40 to Residential 30 Owner and Applicant DTJ, IncTD PoolePlanning Director, Cal Genereux, indicated the property on the GIS map and stated the surroundingzoning is ARR -40, R -30, Shopping Center 3, and General Business The Planning Board recommendedapprovalCase 301 Petition to rezone approximately 28 acres located on Old Stage Road State road 1006in Pleasant Grove Township from Agricultural Residential 40 to Community BusinessSpecial Use District Owners Larry and Gailya FishMr Genereux pointed out this property on the GIS map and noted the 28 acres are located at thenorthern end of the affected parcel near the Wake County Line The surrounding zoning is ARR -40 ThePlanning Board recommended approval as a special use districtStephen Sanderson, Engineer with Southwind Surveying and Engineering, requested the propertybe rezoned He stated the Community Business SUD zoning would be the best suited for the area, andleast intrusive in the surrounding neighborhood He noted the property owners wish to own and operatea business as an alternate source of income as they look toward retirement They live on the property andwould do nothing to devalue their homeCase 303 Petition to rezone approximately 58 acres located on NC 50 in Pleasant GroveTownship from Agricultural Residential 40 to Residential 30 Owner Denton LeeMr Genereux indicated the tract on the GIS map and stated the surrounding zoning is ARR -40,Highway Business 4 SUD, and Highway Business 4 The Planning Board recommended approval733Case 304 Petition to rezone approximately 325 acres located on NC 50 in Pleasant GroveTownship from Agricultural Residential 40 to Residential 30 Owner Ruby PleasantsMr Genereux directed the Boards attention to the GIS map of this property, which is adjacent tothe previous property in Case 303 He noted the surrounding zoning is ARR -40, Highway Business 4SUD, and Highway Business 4 The Planning Board recommended approvalCase 305 Petition to rezone approximately 14 acres located on Smith Road State road 1507 inCleveland Township from Agricultural Residential 40 to Residential 30 Owner JohnAustinMr Genereux pointed out this property on the GIS map and noted the portion proposed for rezoningis a small portion of the large tract, which is located on the northwestern corner across from Steeple ChaseSubdivision The surrounding zoning is ARR -40, and Community Business 2 SUD The Planning Boardrecommended approvalCase 306 Petition to rezone approximately 554 acres located on Rock Pillar Road State road1572 in Wilsons Mills Township from Agricultural Residential 40 to Residential 30Owners Jymco Development, IncMr Genereux indicated this parcel on the GIS map and noted the property is just outside of theWilsons Mills Water District area The property owners have shown some interest in being included inthe district The surrounding zoning is ARR -40 The Planning Board recommended approvalCase 307 Petition to rezone approximately 3 acres located on Freedom Road State road 1506in Cleveland Township from AgriculturalResidential 40 to General Business Special UseDistrict Owners William and Sandra BakerMr Genereux pointed out this property on the GIS map and noted the surrounding zoning is ARR-40 and Community Business 2 SUD The original request was for the entire parcel, however this wasreduced at the Planning Board meeting to the 3 acres adjacent to Freedom Road The Planning Boardrecommended approval as a special use districtHarold Garner, who owns the adjacent property, stated he is not opposed to the rezoning; however,since the timber has been cut, stormwater is draining onto his property He requested the property ownersdig a ditch along the property line that will direct the water toward the roadside ditch He also noted thatDOT needs to repair the broken tilesWilliam Baker, property owner, apologized for the inconvenience this has caused his neighbor andstated he plans to put in a ditch as soon as the weather permits He also noted that DOT has agreed torepair the tilesCase 308 Petition to rezone approximately 37 acres located on Cleveland Road State road 1010in Cleveland Township from Residential 30 to Office Institutional Owners SouthwindLand Company, Inc Linwood JonesMr Genereux indicated this property on the GIS map and noted the surrounding zoning is ARR -40,Residential 30, Highway Business 4 SUD and Community Business 2 The Planning Board recommendedapprovalLinwood Jones, representing Southwind Land Company, stated he plans to locate the old 5,000 sqftLancaster homeplace on the site and turn it into office space In response to a question from RayWilkerson, who lives in the area, Mr Jones stated the house would face SR 1010 and would be situatedapproximately 80 feet from the road with customer parking in front and employee parking in the rear Therenovated home office would be the only structure on the property He noted he plans to put in a turn laneat the siteCase 309 Petition to rezone approximately 2 acres located on Loop Road State road 1706 inWilders Township from Agricultural Residential 40 to Heavy Industrial Special UseDistrict Owners Larry and Kay Boyette734Mr Genereux directed attention to the GIS map of the property and noted the surrounding zoningis ARR -40, Residential 30, and Highway Business 4 The original request was for the entire 424 acreparcel, however the Planning Board recommended approval of 2 acres onlyLinwood Jones and Allen King, of Southwind Surveying Engineering, who represented theBoyettes, stated the owners agreed at the Planning Board meeting to reduce the original acreage to 15acres He requested the Commissioners consider rezoning the 15 acres instead ofthe 2 acres recommendedfor approvalThe Board agreed for the case to be re- advertised with the larger acreage, and considered at theMarch 9th zoning meetingJim Benson, who lives across from the site, opposed the rezoning of this propertyCase 311 Petition to rezone approximately 703 acres located at the intersections of US 70 andSwift Creek Road State road 1501 in Smithfield Township fromAgricultural Residential 40 to Light Industrial Owner and Petitioner Johnston CountyAirport Authority Harold KeenMr Genereux indicated the property on the GIS map and noted the surrounding zoning is ARR -40,Industrial 1, General Business 1, and Highway Business 4 This parcel, owned by the Airport Authority,is located on Hwy 70 north of the Airport, and beside Swift Creek Road next to Whitley HeightsSubdivision The Planning Board recommended approvalAl Stevens, resident of Whitley Heights, stated that if this property is rezoned light industrial, hewould ask that conditions be attached disallowing any entrance or exit from the property onto Swift CreekRoad, and requiring a buffer on the Swift Creek Road side to protect the subdivisionKathy Coats, who also resides in Whitley Heights, opposed the rezoning stating there are a lot ofchildren in the neighborhood that ride bicycles and skateboards on the street She asked the Board to keepthe children in mind She suggested the property be zoned for more homes instead of industry Keith Nealagreed a residential subdivision would be a better use of the property, and stated heavy traffic should notbe allowed on Swift Creek Road as there is a weight limit on that roadAnn Lee and Jesse Hatcher voiced concerns and agreed with Mr Stevens that if rezoned, no entranceshould be allowed on Swift Creek RoadEdna Moore, whose property is adjacent to the tract, strongly opposed the rezoning stating shewould be affected regardless of any restrictions imposed by the Board She asked the Commissioners todeny the rezoningIn response to a question from Commissioner Thomas M Moore concerning another possible meansof ingress and egress, it was noted the property boundary is approximately 380 feet from Barbour RoadOthers who opposed the rezoning were Mary Kiblinger, Ed and Mary Louise Filicky, and MikeCoatsJay Stott, speaking on behalf of his mother who lives directly across from the property, also opposedthe rezoning and asked how far a buffer would be from the road Mr Genereux noted the front set backrequirement from the road is 50 according to the zoning ordinance, however, the Board can make thismore restrictiveThere being no further comments, the Chairman closed the public hearing3 Decisions on Rezoning CasesCase 300 Petition to rezone approximately 63 acres located off NC 210 in Elevation Townshipfrom Agricultural Residential 40 to Residential 30 Owner and Applicant DTJ, IncTD Poole735Upon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board approved rezoning case 300 for DTJ, Inc of 63 acres off NC210 in Elevation Township from ARR -40 to R -30Case 301 Petition to rezone approximately 28 acres located on Old Stage Road State road 1006in Pleasant Grove Township from Agricultural Residential 40 to Community BusinessSpecial Use District Owners Larry and Gailya FishUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board approved rezoning case 301 for Larry and Gailya Fish of 28acres on Old Stage Road in Pleasant Grove Township from ARR -40 to Community Business Special UseDistrictCase 303 Petition to rezone approximately 58 acres located on NC 50 in Pleasant GroveTownship from Agricultural Residential 40 to Residential 30 Owner Denton LeeUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Thomas MMoore and carried by unanimous vote, the Board approved rezoning case 303 for Denton Lee of 58 acreson NC 50 in Pleasant Grove Township from ARR -40 to R -30Case 304 Petition to rezone approximately 325 acres located on NC 50 in Pleasant GroveTownship from Agricultural Residential 40 to Residential 30 Owner Ruby PleasantsUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board approved rezoning case 304 for Ruby Pleasants of 325acres on NC 50 in Pleasant Grove Township from ARR -40 to R -30Case 305 Petition to rezone approximately 14 acres located on Smith Road State road 1507 inCleveland Township from Agricultural Residential 40 to Residential 30 Owner JohnAustinUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board approved rezoning case 305 for John Austin of 14 acres on SmithRoad in Cleveland Township from ARR -40 to R -30Case 306 Petition to rezone approximately 554 acres located on Rock Pillar Road State road1572 in Wilsons Mills Township from Agricultural Residential 40 to Residential 30Owners Jymco Development, IncUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Thomas MMoore and carried by unanimous vote, the Board approved rezoning case 306 for Jymco Development,Inc of 554 acres on Rock Pillar Road from ARR -40 to R -30Case 307 Petition to rezone approximately 3 acres located on Freedom Road State road 1506in Cleveland Township from Agricultural Residential 40 to General Business Special UseDistrict Owners William and Sandra BakerUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board approved rezoning case 307 for William and Sandra Baker of3 acres on Freedom Road in Cleveland Township from ARR -40 to General Business Special Use DistrictCase 308 Petition to rezone approximately 37 acres located on Cleveland Road State road 1010in Cleveland Township from Residential 30 to Office Institutional Owners SouthwindLand Company, Inc Linwood JonesUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Thomas MMoore and carried by unanimous vote, the Board approved rezoning case 308 for Southwind LandCompany, Inc of 37 acres on Cleveland Road in Cleveland Township from R -30 to Office InstitutionalCase 309 Postponed until next months meeting following re- advertisement736Case 311 Petition to rezone approximately 703 acres located at the intersections of US 70 andSwift Creek Road State road 1501 in Smithfield Township fromAgricultural Residential 40 to Light Industrial Owner and Petitioner Johnston CountyAirport Authority Harold KeenCommissioner Thomas M Moore moved the Board approve rezoning Case 311 for the JohnstonCounty Airport Authority of 703 acres at the intersections of U S 70 and Swift Creek Road in SmithfieldTownship from ARR -40 to Light Industrial with the following restrictions 1100 setback of buffer fromSwift Creek Road; 2 no entrance or exit on Swift Creek Road Commissioner Jerry F Wood secondedthe motion, which carried by the following voteAyes Norman C Denning, James W Cash, Jerry F Wood, Eleanor N Creech, Thomas MMoore and James H Langdon, JrNo Cookie Pope4 Public Hearing - Special Use PermitsAdvertised - The Smithfield Herald - January 27, February 3, 1998Certified letters were mailed to adjoining property owners on January 29, 1998, and noticeswere posted at the locations on January 29, 1998Those wishing to speak on these two cases were sworn in by the ClerkThe Chairman opened the public hearing and invited anyone who wished to address the Board onthe following requests for special use permitsCase 301 Special use permit application for a self - storage facility located on Old Stage Road Stateroad 1006 in Pleasant Grove Township Owners Larry and Gailya FishMr Genereux explained the family wishes to build a mini - storage facility on the propertyStephen Sanderson stated the self storage unit would be compatible with the community and servea need as there are no similar facilities in the areaCase 307 Special use permit application for a metal fabrication facility located on Freedom RoadState road 1506 in Cleveland Township Owners William and Sandra BakerMr Genereux noted the owner wishes to expand his metal fabrication shop, which he is currentlyoperating out of his home, and relocate to this siteDanny Hensley, speaking on behalf of his brother, sister -in -law and mother, all of whom live nearthe property, voiced concerns about increased traffic, environmental problems, and loss of value to thesurrounding propertyCommissioner Jerry F Wood pointed out the drainage ditch mentioned in the rezoning hearingwould need to be a condition if approvedMr Baker explained he wishes to build a 5,000 sq ft building for the purpose of fabricating steelparts The only additional traffic would be the occasional truck delivering supplies to him He stated thefacility would be neat and well kept, and pointed out he would do nothing to devalue the surroundingproperty as he also lives in the neighborhood He stated he definitely plans to put in the drainage ditch assuggested, and will make sure the State fixes the broken tilesThere being no further comments from the audience, the Chairman addressed the following questionsto Mr Genereux concerning Special Use Permit Cases 301 and 3071 Mr Genereux, were pre - application conferences held by the Planning Department with theapplicants on these cases Response Yes, Sir2 Did the applicants meet the requirements at that time by providing a sketch plan illustrating thelocation, size and major design elements of the development of these 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, Sir7375 Was written certification sent to the adjacent property owners in a timely fashion Response Yesit was6 What is the recommendation of the Planning Board Response The Planning Board recommendedapproval of these cases based on findings of factChairman Are there conditions attached to these cases 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 supportfound by the Planning Board for these casesFindings of Fact for Case 3011 The use will provide a service not otherwise available in the area2 The use is clean and quiet in nature3 The owners will follow all regulations outlined in the Johnston County Zoning OrdinanceFindings of Fact for Case 3071 This site, if developed as approved, will provide a needed service to the County2 The proposed use is of a clean and quiet nature7 Did you notify the applicants in writing of the Planning Boards recommendations Response Yes,Sir8 Are the applicants 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 Are the applicants aware that the right of appeal to the Board of Adjustment must be exercisedwithin thirty 30 days of this date Response Yes, Sir10 Are the applicants 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 closed the public hearing5 Decisions on Special Use Permit RequestsCase 301 Special use permit application for a self - storage facility located on Old Stage RoadState road 1006 in Pleasant Grove Township Owners Larry and Gailya FishUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner James HLangdon, Jr and carried by unanimous vote, the Board instructed the Planning Staff to issue a special usepermit to Larry and Gailya Fish for a self - storage facility on Old Stage Road in Pleasant Grove Township,based on the following findings of fact1 The use will provide a service not otherwise available in the area2 The use is clean and quiet in nature3 The owners will follow all regulations outlined in the Johnston County Zoning OrdinanceCase 307 Special use permit application for a metal fabrication facility located on Freedom RoadState road 1506 in Cleveland Township Owners William and Sandra BakerUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board instructed the Planning Staff to issue a special use permit toWilliam and Sandra Baker for a metal fabrication facility on Freedom Road in Cleveland Township withthe condition the owners dig a drainage ditch to prevent run off onto the adjacent property, and based onthe following findings of fact1 This site, if developed as approved, will provide a needed service to the County2 The proposed use is of a clean and quiet nature6 Stormwater Management Ordinance - Revised Draft Presented to BoardEngineer Tim Broome presented the revised draft of the Stormwater Management Ordinance for theBoards consideration Two revisions were recommendedSection 510 - DEFINITIONS has been revised to define Intermittent Streams as a naturaldrainage way, which shows up as a blue line on the USGS 75 minute quadrangle maps and has acontributing drainage area of 300 acres ofmore shall be considered an intermittent stream for the purposesof this ordinance738Section 514 - DEFINITIONS - Perennial Stream has been revised to designate the perennialstreams in the Environmentally Sensitive Overlay District as Swift Creek, White Oak Creek, and LittleRiverMr Broome noted the US Fish and Wildlife Service district representatives have recommendeddeletion of article I if concerning development in the ESOD Staff believes this should remain in theordinance since it applies to the environmentally sensitive areas only, and should reduce the cost of floodinsuranceC P Thompson, Chief Building Inspector, stated the adoption of this ordinance, including articleI If, would be grounds for the County to ask for a new audit, which should reduce the cost of floodinsurance as much as 20 countywide He stressed this would pertain only to the 100 -year flood plainwithin the Environmentally Sensitive Overlay DistrictsSonny Johnson, Developer, stated he has some reservations since he has an option on someproperty, much of which lies within one of these areas He asked for a definition of the termdevelopment and specifically asked if roads could be built Mr Broome responded that roads andbridges could be built He noted the County would make every effort to be reasonable about requests,however, the state and federal regulatory agencies would have to give their approvalAt the request of the Board, a map showing the environmentally sensitive areas in Johnston Countywas shownIn discussion it was suggested that staff attempt to better define what type of development wouldbe prohibited in these areas and bring this back to the Board next month It was also recommended thatclearer definitions of several terms be given, such as major subdivisions and permanent structuresCommissioner Thomas M Moore stated he would also like to see a draft copy of the design manualbefore adopting this ordinance Mr Broome agreed to provide the Board members with the manual assoon as possible, and bring the revised ordinance back at the March 9, 1998 meeting7 Boards AppointmentsBased on the recent amendment to the policy for appointing boards and commissions, the Clerkasked for direction on whether to mail letters concerning reappointment to several persons whose termsare expiring March 1998 The Board discussed the intent and substance of the policy and concluded somefurther study might need to be done Chairman Denning suggested that fire commissions be exempt fromthe policy completelyFollowing discussion the Board instructed the Clerk to send the letters in question to the appointeesThere being no further business, Commissioner Jerry F Wood moved the Board adjournCommissioner Thomas M Moore seconded the motion, which carried by unanimous voteNorman C Denning, ChairmanJoyce K Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 124959 PMCreated3242003 24224 PMTemplateMinutesFieldsMinutes - TypeZoningMinutes - Date291998Book20