November 10, 1997 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

November 10, 1997Regular Scheduled Meeting700 pmThe Johnston County Board of Commissioners met in regular session Monday, November 10, 1997,at 700 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 Board670The Chairman called the meeting to order and the following business was transactedPublic Hearing 700 pm - Rezoning CasesAdvertised - The Smithfield Herald - October 28, November 4, 1997Certified letters were mailed to adjoiningproperty owners on October 30, 1997, and noticeswere posted at the locations on October 30, 1997Those persons wishing to speak on Case 275 were sworn in by the ClerkCase 267 Petition to rezone approximately 106 acres located on Devils Racetrack Road Stateroad 1009 in Ingrams Township from Agricultural Residential 40 to Heavy IndustrialI -2 Owners Glenn Earl Rhodes and Louise P RhodesPlanning Director, Cal Genereux, explained this case originated as a zoning complaint, and was firstheard by the Planning Board at their August 19, 1997 meeting, at which time it was tabled He showeda GIS map of the tract and noted surrounding zoning is ARR -40 At the September Planning Boardmeeting, the case was again considered, and the Planning Board recommended denialCharles Jones, owner and operator of Jones Sand and Gravel, stated he is digging a 12 deep pondfor Mr Rhodes He was selling the excavated sand and other materials, such as top soil and gravel, acrossthe road from the pond site until he was informed by the Planning Department that the property wouldhave to be rezoned in order for him to continue a retail sale operation He noted he would be through theexcavation in four months, but would like to continue the sale operation indefinitely as he feels there is aneed for these materials in the areaRuth and Frank Wood, adjacent property owners, spoke in opposition to the rezoning Mrs Woodstated Mr Jones has created an unsightly mess with the piles of sand and soil, which detracts from herproperty She also voiced concern about the large number of dump trucks coming to and from the site thatcreate a safety situation for the neighborhood Mr Wood stated he did not like having a sand hole dug nextto his property It was explained that permitting for ponds falls under the jurisdiction of the State of NorthCarolina, not the CountyGlenn Earl Rhodes, property owner, stated he would like for Mr Jones to be allowed to sell sandand other materials on his property across from the pond siteCraig Warren, who also lives next to the property, opposed the rezoning He stated that as the fatherof a young child, he feels the increased traffic, especially dump trucks, presents a safety hazard He alsovoiced concern for the loss of value to his property, damage to well water, and the adverse effect to thecharacter of the residential neighborhood, stating this is not a suitable place for industryAt the request of Commissioner Thomas M Moore, Mr Genereux explained some of the usesallowed in I -2 zoning In discussion, Commissioner James H Langdon, Jr stated in his opinion, thislocation is not appropriate for a sales lotCase 275 Petition to rezone approximately 10 acre parcel located on Earpsboro Road State road1723 in ONeals Township from Agricultural Residential 40 to Office InstitutionalSpecial Use District Owners Rodney and Laverne BrownCounty Manager, Richard Self, explained this hearing concerns rezoning, and only matters relatingto the suitability of rezoning the property to Office Institutional SUD can be discussed If the property isapproved, a second hearing to discuss the special use of the property will be heldMr Genereux pointed out the one acre tract on a GIS map and noted the surrounding zoning isARR -40 The property is located near the Wake County line between Hwy 39 and Hwy 96 ThePlanning Board recommended approval of this rezoningRodney Brown, property owner, asked the Board to approve the rezoning671Case 276 Petition to rezone approximately 6087 acres located on NC 231 in Wilders Townshipfrom Agricultural Residential 40 to Residential 30 Owner Jasper Leasing ServicesCharles R Driver, Managing DirectorMr Genereux indicated the property on a GIS map and noted the surrounding zoning is ARR -40The tract is located north of Corinth Holders School and has access to the water line from Wake CountyThe Planning Board recommended approvalCharles Driver, representing Jasper Leasing Service, stated the owner wishes to construct stick -builthomes on the property, utilizing public water, which is availableCase 277 Petition to rezone approximately 44 acres located on Old Roberts Road State road1641 in Pleasant Grove Township from Mobile Home Park District to Heavy IndustrialI -2 Owner TADA, LLC Tim Adams and Donald AdamsMr Genereux pointed out the property on the GIS map and noted the surrounding zoning is I -2 Thisproperty was exchanged for another parcel on the north side of Old Roberts Road, which will also beconsidered for rezoning at this meeting The Planning Board recommended approval of this caseCase 278 Petition to rezone approximately 234 acres located on Old Roberts Road State road1519 in Pleasant Grove Township from Heavy Industrial I -2 to Residential 10Owner Reedy Branch Farms, Inc Thurman McLamb and Robert P Holding,PresidentMr Genereux pointed out the property on the GIS map and stated the surrounding zoning isIndustrial 2 The parcel is located on the north side of Old Roberts Road across from the propertypetitioned in Case 277 He noted the R -10 zoning designation allows for dense residential construction,but requires public water and sewer, sidewalks, street lights, curb and gutter, recreational area and otheramenities The Planning Board recommended denial of this caseStephen Sanderson of Southwind Surveying and Mapping, stated the owners originally planned amobile home park, however, after hearing the communitys feelings at a previous hearing, agreed to changetheir request to R -10 developmentHenry Murray questioned whether residential development should be placed in the middle of an areaprimarily zoned for industryDoug Taylor, manager of Coastal Chemical, which is located near the property, voiced oppositionto the rezoning He stated the chemical company chose this site because there was no residentialdevelopment nearby, and the surrounding property was zoned for industry He maintained that given timethe area would develop into an industrial park if the property was left I -2 He asked the Board to deny therequest for R -10 zoningJim Whitehurst, president of Coastal Chemical, stated his company has made a sizable investmentin their facility on Old Roberts Road, but given the nature of their business, the potential for a disasterdoes exist He stressed that industry and residential development do not belong this close to one anotherCase 279 Petition to rezone approximately 54 acres located on NC 210 in Elevation Township fromAgricultural Residential 40 to Residential 30 Owner Theron Lassiter Shirley LassiterSimpson, Executrix for EstateMr Genereux called the Boards attention to this property on the GIS map and explained thesurrounding zoning is ARR -40 and R -30 The property has access to public water, and a commercialdevelopment is nearby The Planning Board recommended approvalDeveloper Nancy Canady stated she plans single - family stick -built homes on the propertyThere being no further comments, the Chairman closed the public hearing6722 Decisions of Rezoning CasesCase 267 Petition to rezone approximately 106 acres located on Devils Racetrack RoadState road 1009 in Ingrams Township from Agricultural Residential 40 to HeavyIndustrial I -2 Owners Glenn Earl Rhodes and Louise P RhodesUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner James H LangdonJr and carried by unanimous vote, the Board denied rezoning case 267 for Glenn Earl and Louise PRhodes of 106 acres on Devils Racetrack Road in Ingrams Township from ARR -40 to Heavy IndustrialI -2Case 275 Petition to rezone approximately 10 acre parcel located on Earpsboro Road State road1723 in ONeals Township from Agricultural Residential 40 to Office InstitutionalSpecial Use District Owners Rodney and Laverne BrownUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board approved rezoning case 275 for Rodney and Laverne Brownof 1 acre on Earpsboro Road in ONeals Township from ARR -40 to Office Institutional Special UseDistrictCase 276 Petition to rezone approximately 6087 acres located on NC 231 in Wilders Townshipfrom Agricultural Residential 40 to Residential 30 Owner Jasper Leasing ServicesCharles R Driver, Managing DirectorUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board approved rezoning case 276 for Jasper Leasing Servicesof 6087 acres on NC 231 in Wilders Township from ARR -40 to Residential 30Case 277 Petition to rezone approximately 44 acres located on Old Roberts Road State road1641 in Pleasant Grove Township from Mobile Home Park District to Heavy IndustrialI -2 Owner TADA, LLC Tim Adams and Donald AdamsUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board approved rezoning case 277 for TADA, LLC Tim and DonaldAdams of 44 acres on Old Roberts Road in Pleasant Grove Township from Mobile Home Park Districtto Heavy Industrial I -2Case 278 Petition to rezone approximately 234 acres located on Old Roberts Road State road1519 in Pleasant Grove Township from Heavy Industrial I -2 to Residential 10Owner Reedy Branch Farms, Inc Thurman McLamb and Robert P Holding,PresidentUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board approved rezoning case 278 for Reedy Branch Farms,IncThurman McLamb and Robert P Holding, of 234 acres on Old Roberts Road in Pleasant GroveTownship from Heavy Industrial I -2 to Residential 10Case 279 Petition to rezone approximately 54 acres located on NC 210 in Elevation Township fromAgricultural Residential 40 to Residential 30 Owner Theron Lassiter Shirley LassiterSimpson, Executrix for EstateUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board approved rezoning case 279 for Theron Lassiter ShirleyLassiter Simpson, Executrix for Estate of 54 acres on NC 210 in Elevation Township from ARR -40 toResidential 303 Public Hearing Special Use Permit RequestAdvertised - The Smithfield Herald - October 28, November 4, 1997Certified letters were mailed to adjoining property owners on October 30, 1997, and noticeswere posted at the locations on October 30, 1997673The Chairman opened the public hearing and invited anyone who wished to address the Board onthe following petition for a special use permitCase 275 Petition for special use permit for tax preparation bookkeeping services onapproximately one acre parcel located on Earpsboro Road State road 1723 in ONealsTownship Owners Rodney Graham Brown and Laverne BrownMr Genereux stated the Mrs Brown wishes to move her existing tax preparationbookkeepingbusiness to the rezoned property, which is next to the Browns homeMr Brown stated he and his wife plan to build a new facility for the businessThere being no further comments from the audience, the Chairman addressed the following questionsto Mr Genereux concerning Special Use Permit case 2751 Mr Genereux, was a pre - application conference 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 this 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 Yesit was6 What is the recommendation of the Planning Board Response The Planning Board recommendedapproval of special use permit case 275Chairman Are there conditions attached to this case Response , Yes, sirThe Planning Board recommended the size of the building be restricted to less than 2100 sqft, andbe used for tax return preparation and bookkeeping onlyChairman 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 this caseCase 258 1 This use complies with the general intent of the Johnston County ZoningOrdinance2 This use is of a clean and quiet nature3 This use would provide a service not otherwise available in the area7 Did you notify the applicant in writing of the Planning Boards recommendation Response Yes,Sir8 Is the applicant aware that ifthe Commissioners deny the request that no application can be acceptedfor the same or a similar use affecting the same property for a period of twelve 12 monthsResponse 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 closed the public hearing4 Decision on Special Use Permit RequestCase 275 Petition for special use permit for tax preparation bookkeeping services onapproximately one acre parcel located on Earpsboro Road State road 1723 inONeals Township Owners Rodney Graham Brown and Laverne BrownUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board instructed the County Planning Department to issue a special usepermit to Rodney G Brown and Laverne Brown for tax preparationbookkeeping services on a one acreparcel located on Earpsboro Road in ONeals Township, with the conditions that the building be no morethan 2100 sq ft and used for tax preparation and bookkeeping only, and based on the following findingsof factDetailsAnnotationsEntry PropertiesModified11192013 30123 PMCreated3272003 103745 AMTemplateMinutesFieldsMinutes - TypeZoningMinutes - Date11101997Book20