October 13, 1997 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

October 13, 1997Regular Scheduled Meeting700 p mThe Johnston County Board of Commissioners met in regular session Monday, October 13, 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 BoardThe Chairman called the meeting to order and the following business was transacted1 Public Hearing - Rezoning CasesAdvertised - The Smithfield Herald - September 30, October 7, 1997Certified letters were mailed to adjoiningproperty owners on October 2, 1997, and noticeswere posted at the locations on October 2, 1997The Chairman opened the public hearing and invited anyone who wished to speak on the followingrezoning casesCase 266 Petition to rezone approximately 4 acres located on US 301 South in Ingrams Townshipfrom Agricultural Residential 40 Interstate Highway District to General BusinessOwners CPS and Associates, LLC Applicant H Dale SparksCal Genereux, Planning Director, discussed with the Board the location of the property and notedthe surrounding zoning is ARR -40, R -30, R -10, I -2 and Interstate Highway DistrictMr Genereux was unable to access the GIS system on the computer at this time, and announcedhe would not have enlarged maps of this and the remaining cases being considered for this meetingTherefore, he directed the Boards attention to the smaller maps of the properties in their agenda packetsCase 268 Petition to rezone approximately 36 acres located on NC 210 in Elevation Townshipfrom Agricultural Residential 40 to Residential -30 Owners Joseph JohnsonMr Genereux stated this property is approximately 4 2 miles from Smithfield and within theHopewell Pisgah Water District The surrounding zoning is ARR -40 and R -30Stephen Sanderson with Southwind Surveying and Mapping stated the developers wish to utilizethe existing water line on NC 210Case 269 Petition to rezone approximately 1 acre located on US 301 in Smithfield Township fromAgricultural Residential 40 to Community Business Owners White Swan, IncApplicant Linwood Parker, PresidentMr Genereux noted the property is located on Hwy 301 across from Onsite Construction Thesurrounding zoning is ARR -40 and Community Business 2653Case 270 Petition to rezone approximately 62 acres located on Old Evans Road State road 1587in Clayton Township from Agricultural Residential 40 to Residential 30 OwnersNorwood and Jerry Snead and Linda Evans Applicant A Bryan PerryMr Genereux stated this property is located near the intersection of Cornwallis Road and is anextension of Carrington Subdivision It is in the proposed Cleveland Water District Surrounding zoningis ARR -40 and R -30Case 271 Petition to rezone approximately 301 acres located on NC 42 in Cleveland Townshipfrom Agricultural Residential 40 to Heavy Industrial Owners Billy Ray BarefootMarathon Developers, LLCMr Genereux stated this property is located on the south side of NC 42 on the edge of the InterstateHighway District The surrounding zoning is ARR-40,1-2, Interstate Highway District and R -20Stephen Sanderson, representing the owners, stated this property connects to Cleveland Crossing,a commercial subdivision which is being developed Most of the 301 acres is in the Interstate HighwayDistrict, and the majority of the surrounding zoning is I -2 Water and sewer is available, and MrStephenson stated the owners feel this property could best be marketed as an industrial siteCase 272 Petition to rezone approximately 47 acres located on NC 42 in Cleveland Township fromAgricultural Residential 40 to General Business Owners Joe Mike and Billy RayBarefootMr Genereux noted this property is located immediately east of Case 271 Part of the acreage isin the flood plain and the protected area for dwarf wedge mussels The surrounding zoning is ARR -40,I -2, Interstate Highway District, and R -20Stephen Sanderson, representing the owners, stated this property is largely located in the 100 yearflood plain and would not be suitable for industry, even though much of the surrounding property is zonedindustry The owners are asking it be rezoned general businessCase 273 Petition to rezone approximately 092 acres located on Mt Pleasant Road State road1533 in Pleasant Grove Township from Agricultural Residential 40 to HighwayBusiness Special Use District Owner Elizabeth WeddingThose persons wishing to be heard on this case were sworn in by the Clerk The County Managerreminded those present that in this hearing, only the question of rezoning could be discussed, not thepurpose of the special use permitMr Genereux stated this property is located approximately 1 2 mile from a community grocery storeand the surrounding zoning is ARR -40 He noted the staff and Planning Board recommended denialbased on the use not being compatible for the areaAfter looking at the picture of the area, Chairman Denning asked what was located directly behindthis property In response, the owner, Ms Elizabeth Wedding, stated that chicken houses owned by MrJerry Dupree are located behind this property, approximately 2 mile awayMs Wedding went on to explain this was her familys property and she and her husband wish tomove there to retire They have asked that the property be rezoned Highway Business Special Use Districtas a means to provide her husband with additional income and to give him something to do as he suffersfrom physical problems She noted the business would not operate long and they would put nothingunsightly on the property She showed pictures of several businesses located along the roadThere being no further comments, the Chairman closed the public hearing6542 Decisions on Rezoning CasesCase 266 Petition to rezone approximately 4 acres located on US 301 South in IngramsTownship from Agricultural Residential 40 Interstate Highway District toGeneral Business Owners CPS and Associates, LLC Applicant H DaleSparksUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner James HLangdon, Jr and carried by unanimous vote, the Board approved rezoning case 266 for owners CPS andAssociates, LLC, of 4 acres on US 301 South in Ingrams Township from ARR -40 Interstate HighwayDistrict to General BusinessCase 268 Petition to rezone approximately 36 acres located on NC 210 in Elevation Townshipfrom Agricultural Residential 40 to Residential -30 Owners Joseph JohnsonUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board approved rezoning case 268 for Joseph Johnson of 36 acres onNC 210 in Elevation Township from ARR -40 to R -30Case 269 Petition to rezone approximately 1 acre located on US 301 in Smithfield Township fromAgricultural Residential 40 to Community Business Owners White Swan, IncApplicant Linwood Parker, PresidentUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Thomas MMoore and carried by unanimous vote, the Board approved rezoning case 269 for Linwood Parker WhiteSwan, Inc of 1 acre on US 301 in Smithfield Township from ARR -40 to Community BusinessCase 270 Petition to rezone approximately 62 acres located on Old Evans Road State road 1587in Clayton Township from Agricultural Residential 40 to Residential 30 OwnersNorwood and Jerry Snead and Linda Evans Applicant A Bryan PerryUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board approved rezoning case 170 for owners Norwood and JerrySnead and Linda Evans of 62 acres on Old Evans Road in Clayton Township from ARR -40 to R -30Case 271 Petition to rezone approximately 301 acres located on NC 42 in Cleveland Townshipfrom Agricultural Residential 40 to Heavy Industrial Owners Billy Ray BarefootMarathon Developers, LLCUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jr,and carried by unanimous vote, the Board approved rezoning case 271 for Billy Ray Barefoot MarathonDevelopers, LLC of 301 acres on NC 42 in Cleveland Township from ARR -40 to Heavy IndustrialCase 272 Petition to rezone approximately 47 acres located on NC 42 in Cleveland Township fromAgricultural Residential 40 to General Business Owners Joe Mike and Billy RayBarefootUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board approved rezoning case 272 for Joe Mike and Billy RayBarefoot of 47 acres on NC 42 in Cleveland Township from ARR -40 to General BusinessCase 273 Petition to rezone approximately 092 acres located on Mt Pleasant Road State road1533 in Pleasant Grove Township from Agricultural Residential 40 to HighwayBusiness Special Use District Owner Elizabeth WeddingUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board approved rezoning case 273 for Elizabeth Wedding of 092 acreson Mt Pleasant Road in Pleasant Grove Township from ARR -40 to Highway Business Special UseDistrict6553 Public Hearing Request for Special Use PermitAdvertised - The Smithfield Herald - September 30, October 7, 1997Certified letters were mailed to adjoining property owners on October 2, 1997, and noticeswere posted at the locations on October 2, 1997The Chairman opened the public hearing and invited anyone who wished to speak on the followingrequest for a special use permitCase 273 Special use permit application for wholesale of cars on approximately 0921 acre parcellocated on Mt Pleasant Road State road 1533 in Pleasant Grove Township OwnerElizabeth WeddingMr Genereux stated the owner is requesting a special use permit for the wholesale of approximately20 cars on the propertyMs Wedding stated she and her husband would like to display a few cars for wholesale Herhusband has been in this business for many years and has some dependable clients She stressed the carswould be reputable, clean automobiles She stated she does not feel this business would significantlyincrease the traffic in the area She noted her husband is sick and would probably not operate the businessvery longThere being no further comments from the audience, the Chairman addressed the following questionsto Mr Genereux concerning Special Use Permit case 2731 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 recommendeddenial of special use permit case 2737 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 closed the public hearing4 Decision on Special Use Permit RequestUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board instructed the County Planning Department to issue a specialuse permit to Elizabeth Wedding for wholesale of cars on approximately 0921 acre parcel on MtPleasant Road in Pleasant Grove Township, based on the following findings of fact1 This use will provide a service not otherwise available in the neighborhood2 This use will be operated in a clean and quiet manner that will not be disruptive to theneighborhood3 By issuing a special use permit, this Board has the power to revoke the permit at anytime the conditions are not met656For the Boards information concerning the growth in the County, Mr Genereux stated the PlanningDepartment issued 2850 land use permits last year, but has already issued over 3000 this yearThere being no further comments, 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 32106 PMCreated3272003 104852 AMTemplateMinutesFieldsMinutes - TypeZoningMinutes - Date10131997Book20