June 9, 1997 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

June 9, 1997Regular Scheduled Meeting7 00 p mThe Johnston County Board of Commissioners met in regular session Monday, June 9, 1997, at 700oclock 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 transacted5551 Public Hearing - Rezoning CasesAdvertised - The Smithfield Herald - May 27, June 3, 1997Certified letters were mailed to adjoiningproperty owners on May 29, 1997 and notices wereposted at the locations on May 29, 1997The Chairman opened the public hearing and invited anyone who wished to speak on the followingrezoning cases Those persons wishing to give testimony on Cases 235, 243, 245, and 246 were swornin by the ClerkCase 235 Petition to rezone approximately 1061 acres located on Meadowbrook Road SR1136 in Meadow Township from Agricultural Residential 40 toAgricultural Residential 40 Special Use District Owner George GodwinCal Genereux, Planning Director, showed a map ofthe proposed site and its relation to other cellulartowers He noted that since the tower needs to be 340 feet high, the applicant is requesting a guyed towerinstead of a mono - tower, and has included sufficient property to provide a fall zone Co- locating atanother site was not possible The Planning Board recommended approval as a special use district withconditionsGeorge Godwin, property owner, stated the land is not suitable for anything else It was used as aborrow pit when I -40 was constructed, and most of the top soil was removedMatt Riggin with Hemphill Corporation, which has a contract with US Cellular to install the tower,stated the property is approximately 400 feet from I -40 Mr Godwin and his son are the nearest residentsAttorney Bob Spence, representing US Cellular, stated the company was unable to co- locate dueto the height of the tower He noted the structure would be off I -40 at a distance and not in conflict withother property ownersCase 237 Petition to rezone approximately 5 acres off Wendell Road SR 1701 in WildersTownship from Agricultural Residential 40 to Community Business OwnerFrances Kay HendersonMr Genereux indicated the property on a map and noted the surrounding zoning is ARR -40 exceptfor an auto parts business, which was in existence before countywide zoning The Planning Boardrecommended denial based on the fact the property is not located on a main road, and the adjacent salvageyard is non - conforming with county zoningMs Kay Henderson, property owner, showed pictures of the surrounding properties and indicatedher business would increase the value of the surrounding area She wishes to construct approximately tenstorage buildings that would be divided into about 200 individual mini - storage units These buildingswould act as a buffer from the adjacent salvage yard and rental mobile homes She feels this buffer wouldmake her future plans for a residential subdivision more feasibleCase 239 Petition to rezone approximately 3 acres located on Newton Grove Road SR1192 in Bentonville Township from Agricultural Residential 40 to GeneralBusiness Owner Esther ThorntonMr Genereux pointed out the property on a map and noted the Planning Board recommended denialas not suitable for commercial useEverette Thornton, son of the owner, stated he would like to put several used cars on the lot to sellHe noted he would not keep junk cars and would not be working on cars at the lotChairman Norman C Denning suggested a special use districtWilliam E Thornton, neighbor, stated he would have no objection to a car lot, as long as the usewas strictly for sales and was not made into a junk yard556Mr Everette Thornton and his mother verbally agreed to a special use district for a car lot with nomore than 15 cars for saleCase 243 Petition to rezone approximately 107 acres located on NC 301 North in SelmaTownship from Agricultural Residential 40 to Highway Business Special UseDistrict Owner James SullivanMr Genereux pointed out the property on a map and stated Mr Sullivan wishes to have anautomobile storage facility on the site He would be doing no repairs or maintenance of automobiles Hewishes to use the facility to store, on a temporary basis, repossessed automobiles He has receivedapproval from the Corps of Engineers stating this is an effective use of the land The Planning Boardrecommended approval with conditionsJames Sullivan, property owner, stated he owns and operates his towing business, and would beusing the site for storage only He stated these are not junk cars, but cars that have been repossessed Helives across from the siteScott Daughtry, who lives next to the owner across the street, opposed the rezoning He stated theproperty floods and, in his opinion, parked cars in the flooded area would leak fluids that could affect thenearby creek and neighboring ground water He also voiced concern that this would become unsightly andunattractive Hilda Brown opposed the rezoning because of the environmental concernsChris Beaver, speaking on behalf of his wife who owns property in the area, and his mother -in -lawwho lives nearby, opposed the rezoning He stated that only a portion of the property is fenced in, and thebroken concrete would not stop liquid spills of antifreeze, oil, etc from getting into the ground waterCase 244 Petition to rezone approximately 1 acre located off NC 39 on Waynes Lane inONeals Township from Agricultural Residential 40 to Highway BusinessOwners Elizabeth and James EvansMr Genereux showed a map and photographs of the area He explained the Evans want to use thelot for used car sales and would limit the number of cars to no more than 10 The property is locatedapproximately 400 feet off NC 39 Highway The Planning Board recommended denial based on theproperty being off the main highway, and the surrounding property being residentialJames Evans and his wife presented a petition, signed by the neighbors, stating they do not objectto the rezoning Ms Evans explained they only buy a couple of cars at a time and would have no objectionto a special use rezoning designation for a limited number of carsCase 245 Petition to rezone approximately 328 acres located on Wendell Road SR 1701in Wilders Township from Agricultural Residential 40 to Heavy IndustrialSpecial Use District Owners Charles and Barbara MartinMr Genereux pointed to the site on a map and stated the Martins wish to have the property rezonedfor future expansion of their existing salvage business The Planning Board recommended denial, basedon this not being an appropriate location for a salvage yardCharles Martin and his son Junior Martin stated their existing operation is clean All oil andantifreeze is disposed of properlyElizabeth McKinney, a neighbor, voiced her concerns She noted that although Mr Martin claimsthe cars have been drained, she fears there is some leakage of fluids into the water supplyWilber Bailey, adjacent property owner, voiced concern that adding to the salvage yard woulddecrease his property value moreCase 246 Petition to rezone approximately 15 acres located on Phillips Road SR 1931 inONeals Township from Agricultural Residential 40 to General Business SpecialUse District Owners Brenda and Garry Newsome, Sr557Mr Genereux indicated the property on a map and stated the location is approximately three milesfrom the new Selma Middle School The Planning Board recommended approval with conditionsGarry Newsome stated he would like to move his existing auto repair business to his home locationHe and his wife presented a petition signed by the neighbors indicating they do not oppose the rezoningMr Newsome stated he would construct a metal building on the existing concrete foundation, and wouldonly do contract work for a few customers He would be reducing his operation to only a few cars, andwould install a fence around the businessCase 247 Petition to rezone approximately 7 acres located on Stewart Road SR 1179 inIngrams Township from Agricultural Residential 40 to Resort ResidentialOwners Jacqueline and Terry FisherMr Genereux pointed out the property on a map and noted the Planning Board recommendedapprovalMs Jacqueline Fisher stated she and her husband live on the property and would like to provide asupervised camp site with a small bait and tackle shop near the lake She noted this has been a fishing areafor many years, and unauthorized campers have been staying there creating noise and debris Rezoningto resort residential would allow them to upgrade the area and provide supervisionCase 248 Petition to rezone approximately 7 acres located on Indian Camp Road SRI 582in Cleveland Township from Agricultural Residential 40 to Residential 30Owners Southwind Development Company, Incorporated Timmy Clifton andSon -Lan Development Company Applicant Lanny CliftonMr Genereux indicated the property on a map and noted the rezoning would allow the developmentcompany to gain one or two additional lotsThere being no further comments, the Chairman closed the public hearing2 Decisions on Rezoning CasesCase 217 Originally Heard in April - Tabled at both the April and May Meetings Petitionto rezone approximately 1 81 acres on Old Dam Road SR2123 in ONeals Townshipfrom ARR -40 to Industrial 2 Special Use District Owners Ella P JohnsonMr Genereux briefly went over the facts concerning case 217, which was discussed during the April7, and May 12, 1997 meetingsChairman Norman Denning stated he and Commissioner James W Cash visited the site earliertoday He noted this is a difficult decision for him as he understands both sides of this situationCommissioner Eleanor N Creech agreedFollowing further discussion, Commissioner James H Langdon, Jr moved the Board deny rezoningcase 217 of 181 acres on Old Dam Road in ONeals Township for Ella P Johnson CommissionerThomas M Moore seconded the motion, which carried by the following voteYea Norman C Denning, Jerry F Wood, Eleanor N Creech, Thomas M Moore, Cookie Pope,and James H Langdon, JrNo James W CashCase 235 Petition to rezone approximately 1061 acres located on Meadowbrook Road SR1136 in Meadow Township from Agricultural Residential 40 toAgricultural Residential 40 Special Use District Owner George GodwinUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board approved rezoning case 235 for George Godwin of 1061 acresin Meadow Township from ARR -40 to ARR -40 Special Use District558Case 237 Petition to rezone approximately 5 acres off Wendell Road SR 1701 in WildersTownship from Agricultural Residential 40 to Community Business OwnerFrances Kay HendersonUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Thomas M Moore andcarried by unanimous vote, the Board approved rezoning case 237 for Kay Henderson of 5 acres offWendell Road in Wilders Township from ARR -40 to Community BusinessCase 239 Petition to rezone approximately 3 acres located on Newton Grove Road SR1192 in Bentonville Township from Agricultural Residential 40 to GeneralBusiness Owner Esther ThorntonUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board approved rezoning case 239 for Esther Thornton of 3 acres onNewton Grove Road in Bentonville Township from ARR -40 to General Business Special Use DistrictCase 243 Petition to rezone approximately 107 acres located on NC 301 North in SelmaTownship from Agricultural Residential 40 to Highway Business Special UseDistrict Owner James SullivanCommissioner Thomas M Moore stated he has personally seen the land, which lies in a flood plainnext to a major branch, and was surprised the Corps of Engineers approved this proposed usage Basedon this information and his belief that this land is not suitable for this purpose, Commissioner Mooremoved the Board deny rezoning case 243 for James Sullivan of 107 acres on NC 301 North in SelmaTownship from ARR -40 to Highway Business Special Use District Commissioner James H Langdon,Jr seconded the motion, which carried by the following voteYea James W Cash, Jerry F Wood, Eleanor N Creech, Thomas M Moore, and James HLangdon, JrNo Cookie Pope and Norman C DenningCase 244 Petition to rezone approximately 1 acre located off NC 39 on Waynes Lane inONeals Township from Agricultural Residential 40 to Highway BusinessOwners Elizabeth and James EvansUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board approved rezoning case 144 for Elizabeth and James Evans of oneacre off NC 39 on Waynes Lane in ONeals Township from ARR -40 to Highway Business Special UseDistrictCase 245 Petition to rezone approximately 328 acres located on Wendell Road SR 1701in Wilders Township from Agricultural Residential 40 to Heavy IndustrialSpecial Use District Owners Charles and Barbara MartinUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board denied rezoning case 245 for Charles and Barbara Martin of328 acres on Wendell Road in Wilders Township from ARR -40 to Heavy Industrial Special Use DistrictCase 246 Petition to rezone approximately 15 acres located on Phillips Road SR 1931 inONeals Township from Agricultural Residential 40 to General Business SpecialUse District Owners Brenda and Garry Newsome, SrUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board approved rezoning case 246 for Brenda and Garry Newsome of 15acres on Phillips Road in ONeals Township from ARR -40 to General Business Special Use DistrictCase 247 Petition to rezone approximately 7 acres located on Stewart Road SR 1179 inIngrams Township from Agricultural Residential 40 to Resort ResidentialOwners Jacqueline and Terry Fisher559Upon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board approved rezoning case 247 for Jacqueline and Terry Fisherof 7 acres on Stewart Road in Ingrams Township from ARR -40 to Resort ResidentialCase 248 Petition to rezone approximately 7 acres located on Indian Camp Road SRI 582in Cleveland Township from Agricultural Residential 40 to Residential 30Owners Southwind Development Company, Incorporated Timmy Clifton andSon -Lan Development Company Applicant Lanny CliftonUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Thomas M Moore andcarried by unanimous vote, the Board approved rezoning case 248 for Lanny Clifton, Applicant andSouthwind Development Co, Inc, Timmy Clifton and Son -Lan Development of seven acres on IndianCamp Road in Cleveland Township from ARR -40 to Residential 303 Public Hearing Special Use PermitsAdvertised - The Smithfield Herald - May 27, June 3, 1997Certified letters were mailed to adjoining property owners on May 29,1997 and notices wereposted at the locations on May 29, 1997Case 235 Special use permit application for a 340 foot guyed telecommunications tower onapproximately 1061 acres on Meadowbrook Road SR 1136 in MeadowTownship Owners George GodwinCase 246 Special use permit application for a auto repair mechanical shop on approximately15 acres located on Phillips Road SR 1931 in ONeals Township OwnersBrenda and Garry Newsome, SrCase 243 245 WERE NOT APPROVED FOR REZONINGChairman Denning addressed the following questions to Planning Director, Cal Genereuxconcerning cases 235 and 2461 Mr Genereux, were pre - application conferences held by the Planning Department with theapplicants on these six 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 recommendsapproval of applications for special use permits for cases 235 and 246Chairman Are there any conditions attached Response , Yes, sirCase 235 1 The tower operator have control over the fall zone2 Tower will be dismantled when not in use for six months or more3 Provide for co- locationCase 246 1 Auto mechanic repair by contract basis only2 Business not open to publicChairman Mr Genereux, please read to this Board the summary of the evidence supporting thePlanning Boards recommendations Response Mr Genereux read the following evidence of support foundby the Planning Board for the six casesCase 235 1 Cell towers are a needed utility in Johnston County2 Cellular communication capability improves safety along I -403 The land owner prefers a guyed tower4 The operator will offer co- location to other carriers on a good faith basis5 The tower will be removed when out of service for more than 6 monthsCase 246 1 The site will not be open to the general public2 All outside storage will be enclosed by an 8 fence5607 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, SirTwo Additional Rezoning Cases, Case 239 and Case 244 were approved as Special Use Districtsby the Board of Commissioners at this meeting, and Special Use Permit Applications wereconsidered Those wishing to speak on these two cases were sworn inCase 239 Special Use Permit application for a used car business located on approximately3 acres located on Newton Grove Road in Bentonville Township OwnerEsther ThorntonCase 244 Special Use Permit application for a used car business located on approximately1 acre located off NC 39 on Waynes Lane in ONeals Township OwnersElizabeth and James EvansThe owners in Cases 239 and 244 agreed to the following conditions for special use permits, andif approved by the Board, agreed to sign the necessary permit applications in the Planning Office thefollowing morningConditions of PermitsCase 239 1 A maximum of 15 cars on the lot at any given timeCase 244 1 A maximum of 10 cars on the lot at any given time2 No abandoned or dismantled parked automobilesBoth applicants were made aware that the permits, if approved, will expire at the end oftwelve 12months if not used as permitted within that time periodThere being no further comments, the Chairman closed the public hearing4 Decisions on Special Use PermitsCase 235 Special use permit application for a 340 foot guyed telecommunications toweron approximately 1061 acres on Meadowbrook Road SR 1136 in MeadowTownship Owners George GodwinUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Jerry FWood and carried by unanimous vote, the Board instructed the Planning Department to issue a specialuse permit to George Godwin for a 340 guyed telecommunications tower on approximately 1061 acreson Meadowbrook Road in Meadow Township, with the following conditions and based on the followingfindings of factConditions 1 Tower operator to have control over the fall zone2 Tower to be dismantled when not in use for six months or more3 Allow Co- locationFindings of Fact1 Cell towers are a needed utility in Johnston County2 Cellular communication capability improves safety along I -403 The land owner prefers a guyed tower4 The operator will offer co- location to other carriers on a good faith basis5 The tower will be removed when out of service for more than 6 monthsCase 239 Special Use Permit application for a used automobile sales business located onapproximately 3 acres located on Newton Grove Road in Bentonville TownshipOwner Esther Thornton561Upon a motion by Commissioner Thomas M Moore, seconded by Commissioner James HLangdon, Jr and carried by unanimous vote, the Board instructed the Planning Department to issue aspecial use permit to Esther Thornton for a used automobile sales business on approximately 3 acres onNewton Grove Road in Bentonville Township with the condition that there be a of maximum of 15 carson the lot Approval was based on the applicant making the proper formal written application and thefollowing findings of fact1 There was no opposition from adjoining property owners2 The proposed use is not out of character for the neighborhoodCase 244 Special Use Permit application for a used automobile sales business located onapproximately 1 acre located off NC 39 on Waynes Lane in ONealsTownship Owners Elizabeth and James EvansUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board instructed the Planning Department to issue a permit to Elizabethand James Evans for a used automobile sales business on approximately one acre off NC 39 on WaynesLane in ONeals Township with the conditions that there be no abandoned or dismantled cars, and therebe a maximum of 10 cars at any given time The approval was based on the applicant making the properformal written application and the following findings of fact1 No opposition from adjoining property owners2 The site is near NC Hwy 393 The use is in keeping with the general neighborhoodCase 246 Special use permit application for a auto repair mechanical shop onapproximately 15 acres located on Phillips Road SR 1931 in ONealsTownship Owners Brenda and Garry Newsome, SrUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board authorized the Planning Department to issue a special usepermit to Brenda and Garry Newsome, Sr for an auto repair mechanical shop on approximately 15 acreson Phillips Road in ONeals Township with the conditions that the business will not be open to the generalpublic, and only auto mechanic repair by contract basis will be allowed The approval was based on thefollowing findings of fact1 The site will not be open to the general public2 All outside storage will be enclosed by an 8 fenceThere being no further business, Commissioner Cookie Pope moved the Board adjournCommissioner James H Langdon, Jr seconded the motion, which carried by unanimous voteNorman C Denning, ChairmanJoyce K Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 21536 PMCreated3282003 70008 AMTemplateMinutesFieldsMinutes - TypeZoningMinutes - Date691997Book20