August 11, 1997 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

August 11, 1997Regular Scheduled Meeting700 p mThe Johnston County Board of Commissioners met in regular session Monday, August 11, 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 transactedConsidering the number of citizens in attendance to hear rezoning cases 254 and 256, prior toopening the scheduled public hearing, it was announced that Case 256 had been withdrawn and Case 254had been significantly amended Concerning Case 254, Commissioner James H Langdon, Jr explainedthat he met with the property owners and several concerned citizens about this case He read the followingstatement from the owners, Robert P Holding III and J Thurman McLamb613We would like to express our appreciation to our friends and neighbors who havecome to us and expressed their concern We share your concernsThe possibility ofadditional mobile home communities springing up in our communityis unacceptable Our community has come together and spoken Therefore we chose tomodify our request Commissioner Langdon went on to explain the owners in case 254 have requested the acreage bemodified to 64 acres, which property when rezoned would be exchanged for 44 acres across the roadowned by Adams Mobile Home Park formerly the S S Sauls Property The 64 acres would becomean expansion of the Adams Mobile Home Park Mr Holding and Mr McLamb then plan to request thatthe 44 acres they receive in the swap, currently zoned mobile home park, be rezoned Industrial 2Don Smith, spokesperson for the community citizens group in attendance, voiced appreciation forthe type of government which allows citizen input in matters such as this He thanked the Board and theproperty owners for responding to the wishes of the community, and thanked the citizens for comingtogether to express their community pride1 Public Hearing - Rezoning CasesAdvertised - The Smithfield Herald - July 29, August 5, 1997Certified letters were mailed to adjoining property owners on July 31, 1997, and notices wereposted at the locations on July 31, 1997The Chairman opened the public hearing and invited anyone who wished to speak on the followingrezoning casesCase 254 Petition to rezone approximately 2993 acres located on McGee Road SR 1519 inPleasant Grove Township from Heavy Industrial to Mobile Home Park District OwnersReedy Branch Farms, Inc President, Robert P Holding and James T McLambCal Genereux, Planning Director, indicated the tract on the GIS parcel map and explained thisproperty is located north of the I -40NC -210 intersection He noted the original petition has been amendedtwice, each time to reduce the acreage The petition is now for 64 acres only The surrounding zoning isARR-40,1-2 and Mobile Home Park District The Planning Board recommended approvalLinwood Jones of Southwind Surveying, agent ofthe property owners, concurred with the statementmade by Commissioner Langdon concerning the revised plans the owners have for this property He notedthe swap of land will allow Mr Adams to expand his mobile home park, and will keep the mobile homeson one side of the road The road will act as a natural barrier His clients will then request the propertythey receive in exchange be rezoned I -2 He noted Mr Holding and Mr McLamb are preparing to investa great deal of money in this area, and this compromise will not only serve the communitys wishes, butwill also be in their best interest Concerning traffic concerns that were brought up at the Planning Boardhearing, Mr Jones offered a map showing his idea of how traffic can be handledDon Smith and Charles Parrish, representatives of the community citizens group, requested themeeting be moved to a larger room so all the people in the hall can hear this caseThe Board of Commissioners Meeting moved to the Superior Courtroom at 800 pm tocomplete the rezoning hearing on Case 254The Chairman reopened the hearing and invited comments from those in attendance He repeatedwhat the owners now plan for the property, and noted the rezoning of the smaller parcel to I -2 will haveto go through the regular rezoning process He commented that although the Board can not make promisesconcerning a future rezoning, he could see no reason why the rezoning case should be deniedCal Genereux pointed out the request for rezoning of the 44 acres can be heard at the SeptemberPlanning Board meeting, and at the October 13th Commissioners Meeting Mr Jones confirmed that hehas been instructed to have the maps and petition ready for the September planning meetingIn response to a question about reversing the rezoning decision made April 7, 1997 Case 210 forS S Sauls and Sons, Inc, site of the Adams Mobile Home Park, the Chairman explained the rezoning of614that property was duly advertised, property posted, certified letters sent to adjoining property owners, andhearings held as required Any rezoning of that property would have to follow a request from the propertyownerChris Rooks opposed the rezoning He complained that rezoning cases in the past were held in themornings when many people have to work In response, Chairman Denning noted the Board has begunmeeting on the second Monday evening at 700 pm for all zoning matters He stressed the Board has nointention of doing anything without public inputSharon Arends, a school teacher in the area, questioned whether the citizens could trust the propertyowners to have the 44 acres rezoned I -2 She opposed the rezoning and stated she did not feel confidentthat the proposal would be carried out as presentedShayne Lambert opposed the rezoning and spoke about the undesirable nature of some mobile homeparks Laura Turas also opposed the rezoning stating the exchange of property would allow an additionaltwo acres of mobile home parkCharles Parrish addressed the audience and assured them this proposal from the property ownerscan be relied upon He thanked the citizens for responding to the concern and stated, in his opinion, thegroup was heard and have made a tremendous difference in the outcomePaul Stephenson, who helped organize the citizens group, also thanked the people for the outpouringof pride and community spirit He stressed the need to stay informed and work together for the bettermentof their community, and called the present community effort a huge successDon Smith thanked the Board and urged the County to undertake a comprehensive land use planIn response, it was explained the County is in the process of rewriting the zoning ordinance,addressing storm water maintenance and interviewing consultants about writing a land use plan All ofthiswill be done as soon as it is feasible, however, the County wants to make sure it is done correctly and doesnot cause more problems than it solvesCommissioner James H Langdon, Jr assured those present that both the Planning Board and theCommissioners want to do what is best for the citizens He, along with the other Commissioners, thankedthe citizens for their interest He noted everyone is concerned about the growth in the County, but theimportant thing is to come up with the right plan to create a better countyThe Board returned to the Commissioners Meeting Room in the Courthouse Annex and theChairman reopened the rezoning hearingCase 256 WITHDRAWN PRIOR TO HEARINGCase 257 Petition to rezone approximately 11 acre parcel located on BranchChapel Church Road State road 1947 in ONeals Township fromAgricultural Residential 40 to Highway Business Special Use District OwnersRaymond Pittman The Planning Board recommended denialMr Genereux pointed out the property on the GIS parcel map and noted the surrounding zoning isARR -40Paul Ed Dunn stated he owns the adjoining farm and feels the rezoning would be an asset to thecommunity He urged the Board to approve the rezoningCase 258 Petition to rezone approximately 22 acres located on Plain View ChurchRoad State road 1313 in Pleasant Grove Township from Agricultural Residential 40to General Business Special Use District Owners Richard and Phyllis RobbinsMr Genereux indicated the tract on the GIS map and stated the property is south of Hwy 210 nearthe Harnett County Line The surrounding zoning is ARR -40 The Planning Board recommendedapproval615Richard Robbins, owner and business operator, stated there is no residence or any other structureon the propertyCase 259 Petition to rezone approximately 09 acre parcel located on NC 50 in Elevation Townshipfrom Agricultural Residential 40 to Office Institutional Special Use District OwnersRobert and Martha TaylorMr Genereux pointed out this property on the GIS map and indicated the location is north of Bensonon NC 50 There is an existing house on the property The surrounding zoning is mobile home park districtand there is an old convenience store across from the property The Planning Board recommendedapprovalCase 260 Petition to rezone approximately 10 acre parcel located on Sanders Road State road1251 in Pleasant Grove Township from Agricultural Residential 40 to CommunityBusiness Special Use District Owners William and Della StephensonMr Genereux indicated the 1 acre parcel on the GIS map and stated there are subdivisions aroundthe property The surrounding zoning is R -30 and ARR -40 The Planning Board recommended approvalWilliam Stephenson, property owner, stated there was no opposition at the Planning Board meetingThere being no further comments, the Chairman closed the public hearing2 Decisions on Rezoning CasesCase 254 Petition to rezone approximately 64 acres located on McGee Road SR 1519 in PleasantGrove Township from Heavy Industrial to Mobile Home Park District Owners ReedyBranch Farms, Inc President, Robert P Holding and James T McLambCommissioner James H Langdon, Jr moved the Board approve rezoning Case 254 of 64 acres onMcGee Road in Pleasant Grove Township from Heavy Industrial to Mobile Home Park District forowners, Reedy Branch Farm, Inc President Robert P Holding and James T McLamb CommissionerJerry F Wood seconded the 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 PopeCase 257 Petition to rezone approximately 11 acre parcel located on Branch Chapel Church RoadSR 1947 in ONeals Township from Agricultural Residential 40 to Highway BusinessSpecial Use District Owners Raymond PittmanUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board approved rezoning case 257 for Raymond Pittman of 11acre on Branch Chapel Church Road in ONeals Township from ARR -40 to Highway Business SpecialUse DistrictCase 258 Petition to rezone approximately 22 acres located on Plain View Church Road SR 1313in Pleasant Grove Township from Agricultural Residential 40 to General BusinessSpecial Use District Owners Richard and Phyllis RobbinsUpon a motion Cookie Pope, seconded by Commissioner Thomas M Moore and carried byunanimous vote, the Board approved rezoning case 258 for Richard and Phyllis Robbins of 22 acres onPlain View Church Road in Pleasant Grove Township from ARR -40 to General Business Special UseDistrictCase 259 Petition to rezone approximately 09 acre parcel located on NC 50 in Elevation Townshipfrom Agricultural Residential 40 to Office Institutional Special Use District OwnersRobert and Martha Taylor616Upon a motion by Commissioner Jerry F Wood, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board approved rezoning case 259 for Robert and Martha Taylorof 09 acre on NC 50 in Elevation Township from ARR -40 to Office Institutional Special Use DistrictCase 260 Petition to rezone approximately 10 acre parcel located on Sanders Road SR 1251 inPleasant Grove Township from Agricultural Residential 40 to Community BusinessSpecial Use District Owners William and Della StephensonCommissioner Cookie Pope moved the Board approve rezoning case 260 for William and DellaStephenson of 1 acre on Sanders Road in Pleasant Grove Township from ARR -40 to CommunityBusiness Special Use District Commissioner Eleanor N Creech seconded the motion, which carried byunanimous vote3 Public Hearing - Special Use PermitsAdvertised - The Smithfield Herald - July 29, August 5, 1997Certified letters were mailed to adjoiningproperty owners on July 31, 1997, and notices wereposted at the locations on July 31, 1997The Chairman opened the public hearing and invited anyone who wished to address the Board onSpecial Use Permit Requests, cases 257, 258, 259, 260 It was explained that in this hearing only sworntestimony can be heard Those persons wishing to speak were sworn in by the ClerkCase 257 Special use permit application for a drywall construction business on approximately 11acre parcel located on Branch Chapel Church Road SR 1947 in ONeals TownshipOwners Raymond PittmanSteve Jackson stated he will operate a dry wall business employing from 12 to 35 people, dependingon the job he is working on He will have two full time employees at the site His work mainly consistsof bids for general contractors There will be no manufacturing at the office and there should be very littletraffic created by this businessMr Genereux asked Mr Jackson if he would be storing materials on the property He explained thatif any materials are stored outside of the facility, an 8 fence would be required around the storage areaMr Jackson stated the only materials stored on the property would be a small amount of excess fromone job that would be used on the next job Some of this might be stored on the outside, however he plansto erect an 8 fence around the propertyCase 258 Special use permit application for an ornamental iron fabrication shop with welding onapproximately 22 acres located on Plain View Church Road SR 1313 in PleasantGrove Township Owners Richard and Phyllis RobbinsMr Genereux stated the Planning Board restricted the operation of this business to Monday throughFriday, 730 am to 530 pmCase 259 Special use permit application for therapy center and or residence on approximately 09acre parcel located on NC 50 in Elevation Township Owners Robert and MarthaTaylorMr Genereux stated that Ms Taylor is a licensed Marriage and Family TherapistMs Taylor reported that if the therapy center fails, the facility would be used as a rental houseCase 260 Special use permit application for a daycare center and or residence on approximately1 acre parcel located on Sanders Road SR 1251 in Pleasant Grove Township OwnersWilliam and Della StephensonMr Genereux stated there is an existing dwelling on the property, which would be used as a day carecenter There are several subdivisions in the area In order to prevent a traffic problem, the applicant plansto have a circular drive617Mr Stephenson stated the center would provide day care for school children only The neighborshave been informed and have shown an interest in this service Mr Stephensons daughter -in -law, alicensed day care operator, will run the center In the event the day care business fail, the house would beused as a rental propertyThere being no further comments from the audience, the Chairman addressed the following questionsto Mr Genereux concerning Special Use Permit cases 257, 258, 259 and 2601 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 the 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 Yesit was6 What is the recommendation of the Planning Board Response The Planning Board recommendsdenial of special use permit case 257 and approval of applications for special use permits for cases258, 259 and 260Chairman Are there conditions attached to cases recommended for approval Response , Yes, sirCase 258 - Hours of operation restricted to Monday through Friday, 730 am to 530 pmChairman 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 casesCase 258 1 The use will provide a service not otherwise available in the area2 The use would be beneficial to the agricultural community3 The business will not disturb the nature of the neighborhoodCase 259 1 This business will provide a needed service, not otherwise available in the area2 NC 50 is proposed as a commercial institutional corridor3 The Johnston County land use plan supports this type of business at this locationCase 260 1 The business will provide a service beneficial to the area2 Adequate provisions are made for traffic and parking3 The operator is licensed by the State of NC7 Did you notify the applicants in writing of the Planning Boards recommendation Response Yes,Sir8 Are the applicants aware that if the Commissioners deny the requests 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 permits will expire at the end of twelve 12 months if it is notused as permitted within that time period Response Yes, SirThere being no further comments, the Chairman closed the public hearing4 Decisions on Special Use Permit RequestsCase 257 Special use permit application for a drywall construction business on approximately11 acre parcel located on Branch Chapel Church Road SR 1947 in ONealsTownship Owners Raymond PittmanCommissioner Eleanor N Creech moved the Board instruct the County Planning Department toissue a special use permit to Raymond Pittman for a drywall construction business on 11 acre on BranchChapel Church Road in ONeals Township, based on the following findings of fact1 The use will provide a service not otherwise available in the area2 The use would be beneficial to the community3 A dry wall construction business will not disturb the nature of the neighborhoodCommissioner Jerry F Wood seconded the motion, which carried by unanimous voteLIM E6Case 258 Special use permit application for an ornamental iron fabrication shop with weldingon approximately 22 acres located on Plain View Church Road SR 1313 inPleasant Grove Township Owners Richard and Phyllis RobbinsUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Thomas MMoore and carried by unanimous vote, the Board instructed the Planning Department to issue a specialuse permit to Richard and Phyllis Robbins for an ornamental iron fabrication shop with welding on 22acres on Plain View Church 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 would be beneficial to the agricultural community3 The business will not disturb the nature of the neighborhoodCase 259 Special use permit application for a therapy center and or residence onapproximately 09 acre parcel located on NC 50 in Elevation Township OwnersRobert and Martha TaylorCommissioner James H Langdon, Jr moved the Board instruct the County Planning Departmentto issue a special use permit to Robert and Martha Taylor for a therapy center andor residence on 09 acreon NC 50 in Elevation Township, based on the following findings of fact1 This business will provide a needed service, not otherwise available in the area2 NC 50 is proposed as a commercial institutional corridor3 The Johnston County land use plan supports this type of business at this locationCommissioner Eleanor N Creech seconded the motion, which carried by unanimous voteCase 260 Special use permit application for a daycare center and or residence onapproximately 1 acre parcel located on Sanders Road SR 1251 in Pleasant GroveTownship Owners William and Della StephensonUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board authorized the County Planning Department to issue a special usepermit to William and Della Stephenson for a daycare center andor residence on 1 acre on Sanders Roadin Pleasant Grove Township, based on the following findings of fact1 The business will provide a service beneficial to the area2 Adequate provisions are made for traffic and parking3 The operator is licensed by the State of NCThere being no further business, Commissioner Cookie Pope moved the Board adjournCommissioner Thomas M Moore seconded the motion, which carried by unanimous voteNorman C Denning, ChairmanJoyce K Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 115623 AMCreated3272003 111327 AMTemplateMinutesFieldsMinutes - TypeZoningMinutes - Date8111997Book20