January 12, 1998 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

January 12, 1998The Johnston County Board of Commissioners met in regular session Monday, January 12, 1998, at700 oclock 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 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 Allocation of Funds for Day By Day Treatment CenterUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Thomas M Mooreand carried by unanimous vote, the Board approved the following budget amendment allocating 50,000from contingencies to Day By Day Treatment Center to meet the immediate needs while a thorough studyof the operation of the center is being carried outExpenditure Increase10 58556255Expenditure Decrease10 58555710Day By Day TreatmentContingencies50,0000050,000002 Public Hearing - Rezoning CasesAdvertised - The Smithfield Herald - December 30, 1997, January 6, 1998Certified letters were mailed to adjoining property owners on December 30,1997, and noticeswere posted at the locations on December 31, 1997The 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 permitsSince cases 280, 282, 283 and 284 are all located in the same general location, the proposedrezoning is ARR -40 special use district, and the Town of Benson is the applicant for all four, the Boardagreed to hear comments on these cases as a groupCase 280 Petition to rezone approximately 42 acres located on Denning Road SR 1168 in BannerTownship from ARR -40 to ARR -40 Special Use District Owner Cynthia Langdon,Applicant Town of BensonCase 282 Petition to rezone approximately 49 acres located on Benson - Hardee Road SR 1303in Banner Township from ARR -40 to ARR -40 Special Use District Owner Willis CDenning, Applicant Town of BensonCase 283 Petition to rezone approximately 48 acres located at the intersections of Benson - HardeeRoad SR 1303 and Denning Road SR 1168 in Banner Township from ARR -40 toARR -40 Special Use District Owner Joe Denning Applicant Town of BensonCase 284 Petition to rezone approximately 138 acres located at the Junction of NC 50, DenningRoad SR 1168, and Benson - Hardee Road SR 1303 in Banner Township from ARR-40 to ARR -40 Special Use District Owner Joe Denning Applicant Town of BensonCal Genereux, Planning Director, pointed out the properties on the GIS map and noted they are alllocated north of Bensons ETJ area The surrounding zoning for Case 280, 282 and 283 is ARR -40, andthe surrounding zoning for Case 284 is ARR -40, General Business and Office InstitutionalThe following persons asked that rezoning ofthese properties be denied Glenn Tart, Billy McLamb,Larry Smith, Shelby Stephenson, Nancy McLamb, Linda Massengill, Charles Byrd, Rachel Denning,Kyle Honeycutt, Rodney Byrd, Kyle Boylan, Marilyn Boylan, Pat Boylan, and ZB Byrd704Don Johnson, Mayor of Benson, requested the Board rezone the propertiesCase 293 Petition to rezone approximately 47 acres located at the intersections of Woodall DairyRoad State road 1356 and Federal Road State road 1331 in Banner Township fromInterstate Highway District to Light Industrial Owner Hortense TurlingtonApplicant Lee McLambCal Genereux indicated this parcel on the GIS map and noted it is located near Interstate 40 Thesurrounding zoning is ARR -40, Interstate Highway District and Industrial ICase 294 Petition to rezone approximately 2 acres located on Guy Road State road 1551 inClayton Township from Agricultural Residential 40 to Agricultural Residential 40Special Use District Owners Gorrell, Inc Applicant Sprint PCS Kelly DavenportMr Genereux pointed out the property on the GIS map and stated the surrounding zoning is ARR-40, R -20, mobile home park, and planned unit development Approximately 22 acres of the larger tractis proposed for rezoning The acreage is located off the road near the edge of a wooded areaCatherine Wilkerson, Attorney representing Sprint PCS, requested the property be rezoned Shestated she would reserve further comments until the Special Use hearingHolly Keeleigh, resident of White Oak Subdivision, which is located near this property, requestedthe rezoning be deniedCase 295 Petition to rezone approximately 2 acres located on Watson Road State road 1518 inPleasant Grove Township from Agricultural Residential 40 to Agricultural Residential40 Special Use District Owners Michael and Lynda Carroll et al Applicant SprintPCS Kelly DavenportMr Genereux indicated this property on the GIS map and noted the location is near Interstate 40The surrounding zoning is mobile home park, light industrial, and interstate overlay district Again, only22 acres of the larger tract are proposed for rezoningCase 296 Petition to rezone approximately 2 acres located on NC 210 in Pleasant Grove Townshipfrom Agricultural Residential 40 to Agricultural Residential 40 Special Use DistrictOwner Wayne Peed Applicant Sprint PCS Kelly DavenportMr Genereux pointed out this property on the GIS map and indicated the approximate location ofthe 2 acres which are proposed for rezoning The surrounding zoning is ARR -40Case 297 Petition to rezone approximately 2 acres located on Little Creek Church Road Stateroad 1563 in Clayton Township from Agricultural Residential 40 to General BusinessOwner and Applicant William EvansMr Genereux pointed out the property on the GIS map and noted the surrounding zoning is ARR-40 and community business The tract is located southeast of Clayton and is surrounded by subdivisionsThe property directly across the road from these 2 acres is zoned community businessRicky Gordon stated he would like to establish a plumbing business on the property He requestedthe Board approve the rezoningCase 298 Petition to rezone two parcels totaling approximately 20 acres located on NC 42 inClayton Township from Light Industrial to Residential 10 Owners and ApplicantsSouthwinds Development Company REQUEST AMENDED 11298 to ARR -40County Manager, Richard Self, explained that due to restrictions by the NC Wildlife ResourcesCommission, the owners applicants, Southwinds Development Company, asked that case 298 be amendedto request ARR -40 zoning705Mr Genereux pointed out the property on the GIS map and noted the surrounding zoning is ARR-40, R -30, mobile home park and general businessSonny Johnson, one of the property owners, asked that the property be rezoned ARR -40Case 299 Petition to rezone approximately 032 acres located on Harrison Road State road 1989in Wilsons Mills Township from Agricultural Residential 40 to Community BusinessSpecial Use District Owner and Applicant Elsie McIntosh CollinsMr Genereux pointed to the property on the GIS map and stated the surrounding zoning is ARR -40and residential 30 The tract is located near Triangle Estates near the town of Wilsons Mills This casewas amended following the Planning Board meeting at the request of the property owner to a special usedistrictCraig James, attorney for Dr Elsie Collins, stated his client did agree to the request being amendedto community business special use district He noted the applicant should be Pherbia Frazier as she is theperson that is in the process of purchasing the property and is requesting the special useJoseph Wilder, Sr also asked that the property be rezonedThere being no further comments, the Chairman closed the public hearing3 Decisions on Rezoning CasesCase 280 Petition to rezone approximately 42 acres located on Denning Road SR 1168 in BannerTownship from ARR -40 to ARR -40 Special Use District Owner Cynthia Langdon,Applicant Town of BensonCommissioner Thomas M Moore moved the Board approve rezoning case 280 for owner CynthiaLangdon and applicant, Town of Benson, of 42 acres on Denning Road in Banner Township from ARR-40 to ARR -40 Special Use District Commissioner Jerry F Wood seconded the motion, which carriedby the following voteAyes Norman C Denning, James W Cash, Jerry F Wood, Thomas M Moore, Eleanor NCreech and James H Langdon, JrNo Cookie PopeCase 282 Petition to rezone approximately 49 acres located on Benson - Hardee Road SR 1303in Banner Township from ARR -40 to ARR -40 Special Use District Owner Willis CDenning, Applicant Town of BensonCommissioner James W Cash moved the Board approve rezoning case 282 for owner Willis CDenning and applicant, Town of Benson, of 49 acres on Benson - Hardee Road in Banner Township fromARR -40 to ARR -40 Special Use District Commissioner Jerry F Wood seconded the motion, whichcarried by the following voteAyes Norman C Denning, James W Cash, Jerry F Wood, Thomas M Moore, Eleanor NCreech and James H Langdon, JrNo Cookie PopeCase 283 Petition to rezone approximately 48 acres located at the intersections of Benson - HardeeRoad SR 1303 and Denning Road SR 1168 in Banner Township from ARR -40 toARR -40 Special Use District Owner Joe Denning Applicant Town of BensonCommissioner Jerry F Wood moved the Board approve rezoning case 283 for owner Joe Denning,applicant, Town of Benson, of 48 acres at the intersection of Benson - Hardee Road and Denning Road inBanner Township from ARR -40 to ARR -40 Special Use District Commissioner James W Cashseconded the motion, which carried by the following voteAyes Norman C Denning, James W Cash, Jerry F Wood, Thomas M Moore, Eleanor NCreech and James H Langdon, JrNo Cookie Pope706Case 284 Petition to rezone approximately 138 acres located at the Junction of NC 50, DenningRoad SR 1168, and Benson - Hardee Road SR 1303 in Banner Township from ARR-40 to ARR -40 Special Use District Owner Joe Denning Applicant Town of BensonCommissioner Thomas M Moore moved the Board approve rezoning case 284 for owner JoeDenning, and applicant, Town of Benson, of 138 acres at the junction of NC 50, Denning Road andBenson - Hardee Road in Banner Township from ARR -40 to ARR -40 Special Use District CommissionerJames H Langdon, Jr seconded the motion, which carried by the following voteAyes Norman C Denning, James W Cash, Jerry F Wood, Thomas M Moore, Eleanor NCreech and James H Langdon, JrNo Cookie PopeCase 289 HEARD LAST MONTH - Petition to rezone 140 acres located on Cleveland Road SR1010 in Smithfield Township from ARR -40 to R -30 Owners and Applicants LeeBrothers RentalsCommissioner Thomas M Moore moved the Board approve rezoning case 289 for Lee BrothersRentals of 140 acres on Cleveland Road in Smithfield Township from ARR -40 to R -30 CommissionerJames W Cash seconded the motionDiscussionCommissioner James H Langdon, Jr stated that the opponents of the rezoning raised someimportant concerns and the Board heard those concerns; however most really believe that R -30 ispreferable because it requires public water He noted the Board will be holding another retreat in the nearfuture and will hopefully be addressing these concernsCommissioner Cookie Pope stated that the residents of Glad Acres have reminded the Board thatJohnston County does not have a comprehensive land use planChairman Norman C Denning addressed the particular concerns stated in a petition from GladAcres residents that was sent to the press and to the Board members1 Concerning the R -3 0 zoning designation, he stated that even though the lot size is smaller thanone acre, it requires public water and allows only stick -built homes or doublewide mobilehomes that are on permanent foundation It is more restrictive than ARR -40 designation2 In reference to traffic concerns, Chairman Denning noted that Hwy 1010 does have a greatdeal of traffic, however, this will have to be addressed by the North Carolina Department ofTransportation The County has no control over the road system or traffic problems3 Over - populated school facilities are a concern for the County, however, over the past fewyears much has been done and much more is scheduled to be done to remedy this situationHe stressed that even though the nearest high school is 15 miles from this location, this is nota unique situation as many students throughout the County have to ride buses that far andfurther to school He noted it is not feasible to have schools located near every citizenshome4 Finally, he stressed the citizens at Glad Acres Subdivision need not be concerned about fireprotection In the case of a fire, one or more fire departments would respond to a 911 callMr Denning pointed out that even though Johnston County is experiencing growing pains, theCounty is prepared for the increase in population The Planning Department, Planning Board,Environmental Health and other agencies are dealing with the problems and solving them daily He notedthat, in his opinion, the residents of Glad Acres will not be embarrassed by the R -30 development Withthe growth in the area, the only assurance citizens can have that others will not move close to them is topurchase additional propertyCommissioner Eleanor N Creech challenged the developers to design residential development withmore emphasis on open space She agreed that walking trails and recreation areas are important toeveryoneCommissioner Langdon agreed and noted that he and Commissioner Pope plan to attend a workshopwhere the problems of land development will be addressed707Commissioner Thomas M Moore pointed out that Johnston County is trying to see that all itscitizens have access to public water It is to everyones advantage if the developers pay for this as theydevelop the landCommissioner James W Cash remarked that public water is what makes the R -30 zoningdesignation preferable to ARR -40 With the ARR -40 zoning, the owners are not restricted as much inwhat they can put on the property, including multiple mobile homesA gentleman from the audience asked to speak It was noted that the public hearing on this case washeld last month and all citizens who wished to do so were allowed to speak The public hearing wasclosed, and now the Board is making their decision on this caseThe Chairman called for a vote on the motionAyes Norman C Denning, James W Cash, Jerry F Wood, Thomas M Moore, Eleanor NCreech and James H Langdon, JrNo Cookie PopeCase 293 Petition to rezone approximately 47 acres located at the intersections of Woodall DairyRoad State road 1356 and Federal Road State road 1331 in Banner Township fromInterstate Highway District to Light Industrial Owner Hortense Turlington,Applicant Lee McLambUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board approved rezoning case 293 for owner Hortense Turlingtonand applicant Lee McLamb of 47 acres at the intersection of Woodall Dairy Road and Federal Road inBanner Township from Interstate Highway District to Light IndustrialCase 294 Petition to rezone approximately 2 acres located on Guy Road State road 1551 inClayton Township from Agricultural Residential 40 to Agricultural Residential 40Special Use District Owners Gorrell, Inc Applicant Sprint PCS Kelly DavenportUpon a motion by Commissioner James W Cash, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board approved rezoning case 294 for owners Gorrell, Inc, applicant,Sprint PCS Kelly Davenport of approximately 2 acres on Guy road in Clayton Township from ARR -40to ARR -40 Special Use DistrictCase 295 Petition to rezone approximately 2 acres located on Watson Road State road 1518 inPleasant Grove Township from Agricultural Residential 40 to Agricultural Residential40 Special Use District Owners Michael and Lynda Carroll et al Applicant SprintPCS Kelly DavenportUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board approved rezoning case 295 for Michael and Lynda Carroll,applicant, Sprint PCS Kelly Davenport of approximately 2 acres on Watson Road in Pleasant GroveTownship from ARR -40 to ARR -40 Special Use DistrictCase 296 Petition to rezone approximately 2 acres located on NC 210 in Pleasant Grove Townshipfrom Agricultural Residential 40 to Agricultural Residential 40 Special Use DistrictOwner Wayne Peed Applicant Sprint PCS Kelly DavenportUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board approved rezoning case 296 for owner Wayne Peed, applicant,Sprint PCS Kelly Davenport of approximately 2 acres on NC 210 in Pleasant Grove Township fromARR -40 to ARR -40 Special Use DistrictCase 297 Petition to rezone approximately 2 acres located on Little Creek Church Road Stateroad 1563 in Clayton Township from Agricultural Residential 40 to General BusinessOwner and Applicant William EvansisUpon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board approved rezoning case 297 for William Evans of approximately2 acres on Little Creek Church Road in Clayton Township from ARR -40 to General BusinessCase 298 Petition to rezone two parcels totaling approximately 20 acres located on NC 42 inClayton Township from Light Industrial to ARR -40 Owners and ApplicantsSouthwinds Development CompanyUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Thomas MMoore and carried by unanimous vote, the Board approved rezoning case 298 for SouthwindsDevelopment Company of two parcels totaling approximately 20 acres on NC 42 in Clayton Townshipfrom Light Industrial to ARR -40Case 299 Petition to rezone approximately 032 acres located on Harrison Road State road 1989in Wilsons Mills Township from Agricultural Residential 40 to Community BusinessSpecial Use District Owner and Applicant Elsie McIntosh CollinsUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board approved rezoning case 299 for Elsie McIntosh Collins of 032acres on Harrison Road in Wilsons Mills Township from ARR -40 to Community Business Special Usedistrict4 Public Hearing Special Use PermitsAdvertised - The Smithfield Herald - December 30, 1997, January 6, 1998Certified letters were mailed to adjoining property owners on December 30, 1997, and noticeswere posted at the locations on December 31, 1997Persons wishing to be heard were sworn in by the Clerk and notified they would be givingtestimony as this hearing is different from the previous hearing and is of a judicial natureThe Chairman opened the public hearing and invited anyone who wished to address the Board onthe following petitions for special use permitsAs with the previous hearing, since cases 280, 282, 283 and 284 are all located in the same generallocation, and the applicant, the Town of Benson is requesting the same type of permit for all fourproperties, the Board agreed to hear comments on these cases as a groupCase 280 Special use permit application on approximately 42 acres located on Denning RoadState road 1168 in Banner Township for disposal of wastewater residue OwnerCynthia Langdon, Applicant Town of BensonCase 282 Special use permit application on approximately 49 acres located on Benson - HardeeRoad State road 1303 in Banner Township for disposal of wastewater residue OwnerWillis C Denning, Applicant Town of BensonCase 283 Special use permit application on approximately 48 acres located at the intersection ofBenson - Hardee Road State road 1303 and Denning Road State road 1168 in BannerTownship for disposal of wastewater residue Owner Joe Denning Applicant Townof BensonCase 284 Special use permit application on approximately 138 acres located at the junction of NC50, Denning Road State road 1168 and Benson - Hardee Road State road 1303 inBanner Township for disposal of wastewater residue Owner Joe Denning ApplicantTown of BensonChairman Norman C Denning noted he is not related to any of the owners of these propertiesDon Johnson, Mayor of Benson, stated the town treats residential, commercial and some industrialwastewater, and has now reached a point when they must find a way to dispose of the sludge that is aresidual of the wastewater process The Town has been storing the sludge for several years and in theinterim saving money to address this matter with a goal of finding the safest and most affordable meansof disposal The only options available are incineration, disposal at the County landfill, or reuse by landapplication The most favorable method is land application as the other options are neither cost affective709or energy efficient The town has secured permits from the State to dispose of the sludge by landapplication within their town limits and within the towns extraterritorial jurisdiction, however additionalproperty outside the ETJ is needed to have enough property so that no tract has concentration higher thanrecommended He maintained that land application of sludge, when applied correctly by the strictregulations set forth by the State, is safe and good for the land as it provides plant nutrients that areusually missing from the soil If applied correctly, as the Town of Benson intends to do, there would beno contamination to any water or harm to the land, people or the environment The sludge would beinjected into the soil so there would be no problems of run -off Land application of bio- solids is done allover the state and throughout the country The owner and applicator are liable for any harm to eitherpersons or the environment, however, to his knowledge this has never happened in this country He notedthat safe and proper application practices have not always been followed in other countries because theydo not have the strict regulations found in the United StatesEric Mills, Environmental Engineer with Wooten Company who works for the Town of Benson,stated that land application of sludge is entirely different from raw sewage spills or spraying of hog wasteThe sludge is treated bio- solids and Bensons wastewater treatment plant has advanced technology thattakes out nitrates and other chemicals that would hurt the land or environment The finished treatedproduct is nothing but fertilizer The application would only take place one time every five to ten yearsThe Town does not accept wastewater from outside Benson and there are no heavy metals present Landapplication is heavily regulated and must meet stringent criteria It is beneficial to the environment, andat the same time is economical Benson wants to be a good neighbor and would welcome the opportunityto discuss this with anyone and would be glad to take concerned citizens to see for themselves how landapplication of bio- solids is a good farm practice with no negativesIn response to a question from the Chairman concerning whether Benson has used their existingpermit in town or in their ETJ area, Mr Mills and Mayor Johnson explained the town is waiting to getall the properties lined up so they can apply all the sludge they have stored at one time Mayor Johnsonstressed that all the sites would be usedGlenn Tart, who lives close to one of the properties, voiced his concerns He noted he has tried toresearch the matter thoroughly and according to the information he has be able to obtain, there are manychemicals that go into the treatment of wastewater, and many of those chemicals remain with the sludgeEven though the sludge is tested for certain residual chemicals, there is no test done for all chemicals,some of which may be dangerous He pointed out there is proposed legislation in the US Congress thatwould require that products list on their packaging if they were grown on land that has had bio -solidapplication He noted this seems to indicate everyone is not satisfied with the safety of this processMr Tart commented that originally sludge was being dumped in the ocean; however after an outcryfrom the environmentalists, this practice was stopped Now they are saying it is safe to apply to the land,which in his opinion raises many questions If it was not safe for the ocean floor, how can it be safe forthe land He stressed that much is not understood about the movement of metals from sludge, and the EPAhas no resources to monitor this Vegetables grown after sludge application have been shown to have toxicmetals The cycle continues when pigs eat corn from sludge area and cows eat the soil If the sludge wasthe residue of human waste only, there would probably be no problems, but this is not the case Hestressed that if the County approves this permit, they are allowing Benson to do this indefinitely AsBenson grows, so will the amount of industry which increases the risks, and the County has lost itssafeguard In the future, the application might not be carried out as carefullyWhen land application of sludge is not done correctly, dioxin can be formed The EPAs track recordis not very good A report on a four year study on dioxin was supposed to be released in the fall, howeverthis has been held up Apparently the EPA has found that dioxin is more dangerous than previously statedHe noted that dioxin is produced from chlorine and is now believed to be 300 times more poisonous thanDDT and more carcinogenic In another case, the EPA has spent 70 million in correcting a chemicalreaction from a spray, the danger of which the EPA was aware of If you are counting on the State fortesting, remember they are the same ones who have been taking care of our riversThe area being considered for this special use is residential The people have wells which theydepend on for their water The Town says there is no odor, however the State says there is an earthy odorthat some may find offensive The State does not allow a farmer to grow some plants on this land for upto three years or use as a pasture land for a period of time If there is no danger, why is this the case710Many questions still remain unanswered He noted that first there was hog and poultry waste, and nowhuman waste He questioned the wisdom of permitting this and stated in his opinion, it is being donebecause of dollars and cents, not with regard to quality of life If land application must be done, why ina residential area where there are wells A town official informed him the farther it must be carried, themore it will costs Benson This land is not in Benson, we are not residents of Benson He concluded byasking the Board, If this project was in your back yard, how would you vote for it Larry Smith, resident of Denning Road whose property is adjacent to one of the parcels, stated hiswater supply is approximately 19 feet from the property line He stated he is not convinced this is safeCharles Byrd of Byrdtown Road whose farm is next to one of the properties, stated he has a lakeapproximately 13 acres in size He voiced concern there would be runoff into his lake He stated he isconcerned for his family and his cattle and asked the Board to deny the permit He suggested the Townuse the land they are already permitted to use, and if there are no problems, then bring it further out tothese propertiesBilly McLamb, property owner near one of the sites, stated he was told that the sludge would beinjected in the soil then cut with a disc He suggested this would only bring some of the product to thesurface If the permit is approved, this will give Benson permission to do this for many years He notedthe US military is not allowed to dump waste, why should Benson be given this permission He asked theBoard to vote against the permitKyle Honeycutt stated there are certain restrictions on the land used for sludge application -restrictions on how often crops can be grown, and areas that must be left as buffer zones Would thebuffer zone affect what the property owners can do on land that adjoins these propertiesChairman Norman Denning stated he has talked with Mayor Johnson several times and believe theTown wants what is best for everyone Many questions were raised during this meeting and manyconcerns voiced for both sides of this issue The problem is that Benson has this sludge and has to disposeof it somewhere This is a problem that will continue to have to be faced by both counties andmunicipalities across the state and country The Board has to make a decisionCase 294 Special use permit application on approximately 2 acres located on Guy Road Stateroad 1551 in Clayton Township for a cellular tower Owner Gorrell, Inc ApplicantSprint PCS Kelly DavenportCase 295 Special use permit application on approximately 2 acres located on Watson Road Stateroad 1518 in Pleasant Grove Township for a cellular tower Owners Michael andLynda Carroll et al Applicant Sprint PCS Kelly DavenportCase 296 Special use permit application on approximately 2 acres located on NC 210 in PleasantGrove Township for a cellular tower Owner Wayne Peed Applicant SprintPCS Kelly DavenportThe Board agreed to hear testimony on these cases as a group since the applicant for all three isSprint PCS for a cellular towerKatherine Wilkerson, attorney for Sprint PCS, stated Sprint is a relatively new carrier in the areaOf the 14 sites needed for coverage in the County, only four require a new tower The others are co-location sites with existing towers or elevated water tanks One site was approved by the County at arecent meeting, and these rezoning requests represent the remaining three She presented information onthe location of the 14 sites, with special emphasis on the three properties requested for rezoning In eachcase Sprint is asking for rezoning of approximately 2 acres from larger tracts for the purpose of erectinga 175 monopole tower The equipment for the cellular service will be housed in small cabinets at the baseof the towers and the areas will be enclosed by an 8 fence The facilities will be unmanned and will bevisited for maintenance no more than five times a month, which will cause no impact on traffic in the areaEach tower will be light gray in color, unlighted, and will be designed to accommodate another user in thefutureIn response to a question from Commissioner Thomas M Moore concerning the possibility of Sprintwanting additional sites in the future, Ms Wilkerson stated that Sprint has no plans at present to seekadditional sites If the customer base increases significantly in the future, the company might want more711sites, but again they would look for co- location if at all possible She showed the site plans for eachproperty and the coverage maps In Case 295, there is an existing tower on this property, however it isnot secure enough to hold Sprints equipment The new tower will be erected next to the existing towerShe noted that if the County needs to locate equipment in the area, the Sprint towers can be used at nocostMs Wilkerson introduced Graham Herring, real estate agent, who has conducted a study on theimpact of property values in the area around the towers Mr Herring stated he has looked at each of thesesites and sees no potential of adverse affect on property values, including future development Most of thesurrounding area is open space and standing timberBrian Barbee, design engineer with Sprint PCS, stated these sites are needed in order to havecontiguous coverage He noted that Sprint makes every effort possible to co- locate their equipment withexisting structures, however this is not always possibleIn response to a question by Commissioner Thomas M Moore concerning the difference in SprintPCSs service and other cellular service, Mr Barbee explained the PCS system is digital, provides betterquality, signal and security, and allows access to the INTERNETCase 299 Special use permit application on approximately 032 acres located on Harrison RoadState road 1989 in Wilsons Mills Township for a day care facility Owner andApplicant Elsie McIntosh CollinsJoseph Wilder of Wilsons Mills, again stated the applicant should be Pherbia Frazier instead ofElsie Collins, as Ms Frazier plans to purchase the land for a day care It was explained that the Boardwould make note of this, however the zoning would go with the landThere being no further comments from the audience, the Chairman addressed the following questionsto Mr Genereux concerning Special Use Permit Cases1 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, Sir5 Was written certification sent to the adjacent property owners in a timely fashion Response Yes6 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 Yes, SirCases 280, 282, 283, and 284 - the following conditions were attached1 Applicant must strictly comply with the State standards for odor control2 Operations can only take place between one half hour before daylight and one halfhour after sunsetCases 294, 295, and 296 - the following conditions were attached1 Applicant must control the fall zone2 Applicant must bargain and offer space for co- locations in good faith with othercarriers3 Applicant must agree to remove the tower after six months of cessation of serviceChairman 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 Cases 280, 282, 283, and 2841 Surrounding uses are primarily agricultural in nature2 The soils are particularly suited for this use3 The ease of transportation utilizing the existing road system4 All four sites are within 22 miles of Bensons current extraterritorial jurisdictionFindings of Fact for Cases 294, 295, and 2967121 These are 175 ft monopole type towers2 The applicant will utilize cabinets instead of a building at the base of the structurefor equipmentFindings of Fact for Case 2991 The proposed use will provide a service for the neighborhood2 The Town of Wilsons Mills favors this zoning7 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 Requests for Special Use PermitsCase 280 Special use permit application on approximately 42 acres located on Denning RoadState road 1168 in Banner Township for disposal of wastewater residue OwnerCynthia Langdon, Applicant Town of BensonCase 282 Special use permit application on approximately 49 acres located on Benson - HardeeRoad State road 1303 in Banner Township for disposal of wastewater residueOwner Willis C Denning, Applicant Town of BensonCase 283 Special use permit application on approximately 48 acres located at the intersectionof Benson - Hardee Road State road 1303 and Denning Road State road 1168 inBanner Township for disposal of wastewater residue Owner Joe DenningApplicant Town of BensonCase 284 Special use permit application on approximately 138 acres located at the junctionof NC 50, Denning Road State road 1168 and Benson - Hardee Road State road1303 in Banner Township for disposal of wastewater residue Owner JoeDenning Applicant Town of BensonChairman Norman C Denning stated that due to the number of questions and concerns that wereraised in the public hearing, he would like to recommend that the Board postpone a decision on these casesuntil next month, and in the interim invite someone or perhaps a panel of persons who are knowledgeableon the subject of land application of bio- solids to meet with the Board and the interested citizens toaddress these concernsCommissioner Eleanor N Creech agreed She noted there are many questions that should beanswered, and there are many known facts that the citizens should be made aware ofThe Board concurred and the Chairman stated the meeting to hear more information on landapplication of bio- solids would be advertised, and notices would be sent to each person who gave theirname and address to the Board tonightCase 294 Special use permit application on approximately 2 acres located on Guy Road Stateroad 1551 in Clayton Township for a cellular tower Owner Gorrell, Inc ApplicantSprint PCS Kelly DavenportUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board instructed the Planning Department to issue a specialuse permit to Sprint PCS Kelly Davenport for a cellular tower on approximately 2 acres on Guy Roadin Clayton Township, with the following conditions and based on the following findings of fact713Conditions 1 Applicant must control the fall zone2 Applicant must bargain and offer space for co- locations in good faith with othercarriers3 Applicant must agree to remove the tower after six months of cessation of serviceFindings of Fact1 These are 175 ft monopole type towers2 The applicant will utilize cabinets instead of a building at the base of the structurefor equipmentCase 295 Special use permit application on approximately 2 acres located on Watson Road Stateroad 1518 in Pleasant Grove Township for a cellular tower Owners Michael andLynda Carroll et al Applicant Sprint PCS Kelly DavenportUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board instructed the Planning Board to issue a special use permit toSprint PCS Kelly Davenport for a cellular tower on approximately 2 acres on Watson Road in PleasantGrove Township, with the following conditions and based on the following findings of factConditions 1 Applicant must control the fall zone2 Applicant must bargain and offer space for co- locations in good faith with othercarriers3 Applicant must agree to remove the tower after six months of cessation of serviceFindings of Fact1 These are 175 ft monopole type towers2 The applicant will utilize cabinets instead of a building at the base of the structurefor equipmentCase 296 Special use permit application on approximately 2 acres located on NC 210 in PleasantGrove Township for a cellular tower Owner Wayne Peed Applicant SprintPCS Kelly DavenportUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board instructed the Planning Department to issue a specialuse permit to Sprint PCS Kelly Davenport for a cellular tower on approximately 2 acres on NC 210 inPleasant Grove Township, with the following conditions and based on the following findings of factConditions 1 Applicant must control the fall zone2 Applicant must bargain and offer space for co- locations in good faith with othercarriers3 Applicant must agree to remove the tower after six months of cessation of serviceFindings of Fact1 These are 175 ft monopole type towers2 The applicant will utilize cabinets instead of a building at the base of the structurefor equipmentCase 299 Special use permit application on approximately 032 acres located on Harrison RoadState road 1989 in Wilsons Mills Township for a day care facility Owner andApplicant Elsie McIntosh CollinsUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board instructed the Planning Department to issue a special use permitto Elsie McIntosh Collins recognizing that Pherbia Frazier is planning to purchase and use the propertyfor a day care facility on approximately 0 32 acres on Harrison Road in Wilsons Mills Township, basedon the following findings of fact2 The proposed use will provide a service for the neighborhood2 The Town of Wilsons Mills favors this rezoning6 Public Hearing - Stormwater Management OrdinanceAdvertised The Smithfield Herald - December 23, 1997, January 2, 1998The Chairman opened the public hearing and invited anyone who wished to address the Board onthe proposed Stormwater Management Ordinance714Engineer Tim Broome explained the proposed ordinance was developed to achieve four objectives• Proper planning and design of development to prevent storm drainage problems• To improve the overall quality of Stormwater runoff from development• To reduce the concentration of nitrogen in runoff to 70 of the 1995 average values• To protect and preserve the habitat of the dwarf wedge musselHe noted the ordinance does not cover sedimentation and soil erosion control from individual newdevelopment as this is the responsibility of the Land Quality Division of the NC DEHNR Only the ruralareas ofthe County outside the towns and their ETJs are affected, and existing development and bonafidefarming activities are exemptThe ordinance would require submitting to the County for review a stormwater management planof all new commercial and industrial development, all major residential subdivisions, and all landdisturbing operations The plan must comply with the Countys design manual and demonstrate noupstream or downstream flooding; that best management practices are employed to improve runoffquality; and efforts are made to decrease runoff rates If approved, a permit would be issued A fee systemfor the review would be developedRiparian buffers would be required on all perennial and intermittent streams With the exception ofenvironmentally sensitive area overlay districts, a 50 ft buffer on both sides of the stream would berequired The first 30 of the buffer could not be disturbed and would be allowed to vegetate Theremaining 20 could be maintained as lawn No septic systems would be allowed in these areasMr Broome showed a map that indicated the environmentally sensitive area overlay districts in theCounty In these districts, the buffer must be 100 on both sides for perennial streams The entire bufferwould have to remain undisturbed and remain forested Intermittent streams would be treated the sameas in other areas of the County The only exemptions to the buffer requirements would be agricultureponds and lakes that are not part of a natural drainageway; development approved prior to the ordinance;water dependent structures such as roads and bridges; stormwater management facilities and utilitieswhere no practical alternatives exists; and ditches and manmade conveyances The draft ordinanceincludes appropriate enforcement requirementsIn response to a question from Commissioner Eleanor N Creech, Mr Broome stated that small farmponds would not be affectedCommissioner Thomas M Moore commented it would be easier if the County could control runoffand sedimentation in all new developmentMr Broome agreed, however he noted if this was done at the local level, it would take a large staffof employees The draft Stormwater manual does allow for thresholds limiting impervious surfaces Thisordinance would only be a part of Stormwater management, a manual will be completed in the near futureHe pointed out that since Johnston County is in the Neuse River Basin, when the new state regulationscome out, the County may have to make changesIn response to a question from developer, Sonny Johnson, Mr Broome stated the CountysStormwater Management ordinance and policy will be coordinated with the other county agencies Theordinance will be in the county libraries and open to further inspection by the public A final draft will bebrought back to the Board next monthThere being no further comments, the Chairman closed the public hearing7 Public Hearing Correction of Zoning MapAdvertised The Smithfield Herald - December 23, 1997, and January 2, 1998The Chairman opened the public hearing and invited anyone who wished to address the Board ona proposed amendment to the Johnston County Zoning Ordinance to correct the Zoning Maps, specificallythe designation of a one acre lot owned by Russell S Hargis on Crantock Road in Smithfield Township715Cal Genereux explained this parcel was an existing business prior to countywide zoning, howeverit was missed when the County did a windshield survey because it is several hundred feet from the roadIt was brought to the Planning Departments attention when the owners indicated they wish to expand theiroperation The parcel needs to be corrected on the zoning maps and shown as commercial zoningThere being no further comments, the Chairman closed the public hearing8 Amendment to Zoning Ordinance Approved - Correction to Zoning MapUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board amended the Johnston County Zoning Ordinance, specificallythe Zoning Map to designate a one acre parcel owned by Russell S Hargis on Crantock Road inSmithfield Township as commercial zoningThere 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 125053 PMCreated3242003 24622 PMTemplateMinutesFieldsMinutes - TypeZoningMinutes - Date1121998Book20