May 12, 1997 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

May 12, 1997Regular Scheduled Meeting700 pmThe Johnston County Board of Commissioners met in regular session Monday, May 12, 1997, 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 transacted5201 Public Hearing - Rezoning CasesAdvertised April 29, May 6, 1997 - The Smithfield HeraldCertified letters were mailed to adjoining property owners on Map 1, 1997 and notices werehosted at the locations on AUril 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 Case 236 were sworn in by the ClerkCase 226 Petition to rezone approximately 35 acres located on Massengill Pond RoadSR1313 in Pleasant Grove Township from ARR -40 to Mobile Home ParkDistrict Owners John and Debra WilkinsCal Genereux, Planning Director, pointed out the tract on a map and stated this property has accessto water from Harnett County He showed photographs ofthe property, including the owners home, whichis located in front of the site He explained there was no opposition at the Planning Board meeting andrezoning was recommendedCase 227 Petition to rezone approximately 67 acres located on Castleberry Road SR 1705in Wilders Township from ARR -40 to Planned Unit Development OwnerJennifer Stewart, TrusteeMr Genereux showed a map of the area and pointed out the surrounding zoning This property islocated east of the 1900 acres currently zoned PUD and owned by Becky Flowers Finch Much of thisproperty is in the floodplain, and developing as a PUD will allow the owners to get the best use of theavailable land The Planning Board recommended approvalCase 228 Petition to rezone approximately 35,000 sq ft On US 301 in Ingrams Townshipfrom ARR -40 to Residential 30 Applicants Arlon and Rebecca GuinMr Genereux pointed out this property on a map and noted that County water is available Therewas no opposition at the Planning Board meeting and the Planning Board recommended approvalCase 229 Petition to rezone approximately 106 acres located on Cleveland Road SR 1010in Smithfield Township from ARR -40 to Community Business Owners Nathanand Mary Ann AdamsMr Genereux drew the Boards attention to the location of the property on Cleveland Road near theVillage of Glad Acres subdivision The Planning Board recommended approval of the rezoningSteven Sanderson, surveyor representing the owners, stated the Adams plan to construct aconvenience store on the propertyCase 231 Petition to rezone approximately 13 acres on NC 222 in ONeals Township fromARR -40 to General Business Owners Kenneth and Carolyn RaperMr Genereux indicated the property on a map and noted it is near the intersection ofNC 42 and NC222 He stated several commercial businesses are in the area The Planning Board recommended approvalCase 232 Petition to rezone approximately 40 acres off Interstate 95, US 301 and US 701 inIngrams Township from ARR -40 to Heavy Industrial Owner Brannans Inc,George W Brannan, PresidentMr Genereux pointed out the property, which consists of the land between the railroad and I- 95,near the intersection of I -95, NC 701 and US 301 The Planning Board recommended approval of thisrezoningCase 233 Petition to rezone approximately 4218 acres on NC 42 in Cleveland Townshipfrom ARR -40 to Heavy Industrial Owners Donald and Myra WestMr Genereux directed the Boards attention to a map of the area and noted Hwy 42 splits theproperty to be rezoned He pointed out the majority of the property south of the highway is in the floodplainof White Oak Creek and within the natural habitat of the endangered dwarf wedge mussel For these521reasons, development would be restricted and subject to approval of the US Fish and Wildlife A portionof the area north of Hwy 42 is also in the floodplain The Planning Board recommended approvalDon West, owner, showed another overhead projection noting the land around his property is zonedIndustrial -2 or is currently in the process of rezoning to I -2 He stated he has met with the US Fish andWildlife and would work with them in developing this propertyCase 234 Petition to rezone approximately 2 acres on NC 50 in Cleveland Township fromARR -40 to Highway Business Owner J G CarrollMr Genereux indicated the property on a map and pointed out the surrounding zoning Mr Carrollhas operated his auto repair business at this location for many years and now wishes to construct a newbuilding The Planning Board recommended approvalCase 236 Petition to rezone approximately 143 acres on Holly Grove Church Road SR1113 in Meadow Township from ARR -40 to Highway Business Special UseDistrict Owner Luther DenningMr Genereux pointed out the property on a map and stated this case was amended at the PlanningBoard meeting to a special use district Mr Ben Spearman wishes to upgrade an existing garage for repairand display of automobiles Planning Board approved rezoning to Highway Business Special Use DistrictCase 237 Petition to rezone approximately 5 acres off Wendell Road SR 1701 in WildersTownship from ARR -40 to Community Business Owner Frances Kay HendersonCounty Manager, Richard Self, explained Ms Henderson has requested that discussion on this casebe tabled until next month Since the case was advertised for this meeting, the Chairman asked if anyonepresent wished to comment There were no comments and the case will be heard next monthCase 240 Petition to rezone approximately 97 acres on Cornwallis Road SR 1525 inCleveland Township from ARR -40 to Residential 30 Owner Willie ReamsMr Genereux indicated the property on a map and noted there is a county water line along CornwallisRoad He pointed out that this property falls within the area proposed for the Clayton By -Pass, however,at this time, the County has received no directive from the NC Department of Transportation to restrictrezoning of property that falls within this corridor The Planning Board recommended approvalCase 241 Petition to rezone approximately 124 acres on Cleveland Road SR 1010 inSmithfield Township from ARR -40 to General Business Owner Scott DavidReederMr Genereux pointed out the property to be rezoned and noted Mr Reeder wishes to use the existingconcrete building to operate a feed and fertilizer store The Planning Board recommended approvalEllen Velarides, who lives in the area, voiced concern about the number of small stores being allowedalong SR 1010 Chairman Denning thanked Ms Velarides for her comments and noted the Commissionersconsider each rezoning case carefullyThere being no further comments, the Chairman closed the public hearing2 Decisions on Rezoning CasesCase 217 Tabled from last Month - Petition to rezone approximately 181 acres on Old DamRoad SR2123 in ONeals Township from ARR -40 to Industrial 2 Special UseDistrict Owners Ella P JohnsonCal Genereux refreshed the Boards memory on Case 4217, which was heard in public hearing onApril 7, 1997 At the time of the public hearing, there were several neighbors who voiced opposition,especially to the appearance of the property Rather than make a decision at that meeting, the Board tabledthe case and the Commissioners instructed Mr Johnson to talk with his neighbors and work with MrGenereux to see if he could find a way to satisfy everyone and still make a living on his property522Mr Genereux explained that since the hearing, Mr Johnson has made some improvements, in thathe has changed the type of fence he is installing, however, this appears to be the only thing he has donePlanning staff visited Mr Johnson and advised him to stop putting up a fence until after the rezoning caseis decidedNeighbor Judy Langston stated Mr Johnson has made an improvement in the fencing, but he has nottalked with the neighbors, except to ask if they like the fence She spoke on behalf of other family membersand stated they do not want a salvage yard in the neighborhood She cited the following reasons it wouldreduce the value of homes in the area; old tires and parked vehicles would create breeding grounds formosquitoes; and spills of old oil and gasoline could possibly affect the ground waterJim Brown spoke on behalf of his parents and other family members who live in the neighborhoodHe stated the family wants to cooperate with their neighbors, however they do not feel this property shouldbe rezoned for a salvage yard He stressed this is a residential neighborhoodCommissioner Eleanor N Creech asked for some clarification She stated that at the last meeting, shehad believed the neighbors were more opposed to the outward appearance ofthe property than the rezoning,however, she now feels the neighbors are saying they would oppose the rezoning regardless of appearanceIn response, Ms Langston stated she and her family were against the rezoning from the beginningBruce Wade, son of property owner Ella Johnson, stated his stepfather has worked hard and hasredone the fence and planted some shrubs in an effort to please the neighbors He stated, in his opinion, itis wrong for the neighbors to keep him from making an honest living on his mothers propertyMs Ella Johnson stated most ofthe neighbors were her family members She voiced hurt and anguishthat they are opposing her in thisJim Brown responded that his goal is simply to protect the value of his familys propertyFollowing further discussion, Commissioner Eleanor N Creech moved the Board delay a decision onthis case for 30 days in order to provide Board members an opportunity to study this situation in furtherdetail Commissioner Cookie Pope seconded the motion, which carried by unanimous voteCase 226 Petition to rezone approximately 35 acres located on Massengill Pond RoadSR1313 in Pleasant Grove Township from ARR -40 to Mobile Home ParkDistrict Owners John and Debra WilkinsCommissioner James H Langdon, Jr moved the Board approve rezoning case 226 for John andDebra Wilkins of 35 acres in Pleasant Grove Township from ARR -40 to Mobile Home ParkCommissioner James W Cash seconded the motion, which carried by the following voteAyes Norman C Denning, James W Cash, Jerry F Wood, Eleanor N Creech, James HLangdon, Jr, and Thomas M MooreNo Cookie PopeCase 227 Petition to rezone approximately 67 acres located on Castleberry Road SR 1705in Wilders Township from ARR -40 to Planned Unit Development Owner JenniferStewart, TrusteeUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board approved rezoning case 227 for Jennifer Stewart, Trustee,of 67 acres in Wilders Township from ARR -40 to Planned Unit DevelopmentCase 228 Petition to rezone approximately 35,000 sq ft On US 301 in Ingrams Townshipfrom ARR -40 to Residential 30 Applicants Arlon and Rebecca GuinUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Jerry F Woodand carried by unanimous vote, the Board approved rezoning case 228 for Arlon and Rebecca Guin of35,000 sq ft in Ingrams Township from ARR -40 to R -30523Case 229 Petition to rezone approximately 106 acres located on Cleveland Road SR 1010in Smithfield Township from ARR -40 to Community Business Owners Nathanand Mary Ann AdamsUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board approved rezoning case 229 for Nathan and Mary Ann Adamsof 106 acres in Smithfield Township from ARR -40 to Community BusinessCase 231 Petition to rezone approximately 13 acres on NC 222 in ONeals Township fromARR -40 to General Business Owners Kenneth and Carolyn RaperUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner Eleanor N Creechand carried by unanimous vote, the Board approved rezoning case 231 for Kenneth and Carolyn Raper of13 acres in ONeals Township from ARR -40 to General BusinessCase 232 Petition to rezone approximately 40 acres off Interstate 95, US 301 and US 701 inIngrams Township from ARR -40 to Heavy Industrial Owner Brannans Inc,George W Brannan, PresidentCommissioner James H Langdon, Jr moved the Board approve rezoning case 232 for Brannans, Inc,of 40 acres in Ingrams Township from ARR -40 to Heavy Industrial Commissioner Thomas M Mooreseconded the motion, which carried by the following voteAyes Norman C Denning, James W Cash, Jerry F Wood, Eleanor N Creech, James HLangdon, Jr, and Thomas M MooreNo Cookie PopeCase 233 Petition to rezone approximately 4218 acres on NC 42 in Cleveland Township fromARR -40 to Heavy Industrial Owners Donald and Myra WestUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board approved rezoning case 233 for Donald and Myra West of 4218acres in Cleveland Township from ARR -40 to Heavy IndustrialCase 234 Petition to rezone approximately 2 acres on NC 50 in Cleveland Township fromARR -40 to Highway Business Owner J G CarrollUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board approved rezoning case 234 for J G Carroll of 2 acres inCleveland Township from ARR -40 to Highway BusinessCase 236 Petition to rezone approximately 143 acres on Holly Grove Church Road SR1113 in Meadow Township from ARR -40 to Highway Business Special UseDistrict Owner Luther DenningUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner James W Cashand carried by unanimous vote, the Board approved rezoning case 236 for Luther Denning of 143 acresin Meadow Township from ARR -40 to Highway Business Special Use DistrictCase 237 CASE TABLED UNTIL NEXT MONTHCase 240 Petition to rezone approximately 97 acres on Cornwallis Road SR 1525 inCleveland Township from ARR -40 to Residential 30 Owner Willie ReamsUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board approved rezoning case 240 for Willie Reams of 97 acres inCleveland Township from ARR -40 to Residential 30Case 241 Petition to rezone approximately 124 acres on Cleveland Road SR 1010 inSmithfield Township from ARR -40 to General Business Owner Scott DavidReeder524Upon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board approved rezoning case 241 for Scott David Reeder of 124 acresin Smithfield Township from ARR -40 to General Business3 Public Hearing - Special Use PermitsAdvertised April 29, May 6, 1997 - The Smithfield HeraldCertified letters were mailed to adjoining property owners on May 1, 1997 and notices werehosted at the locations on AUril 29 1997The Chairman opened the public hearing and invited anyone who wished to address the Board aboutthe following request for a special use permitCase 236 Special use permit application for auto repair display on approximately143 acres on Holly Grove Church Road SR 1113 in Meadow TownshipOwner Luther DenningThe Chairman addressed the following questions to Planning Director, Cal Genereux, concerningCase 236 Note Rezoning Case 217 was again tabled until June 9, 1997 meeting, at which time, ifapproved, the Special Use Permit Hearing will be heldChairman Mr Genereux, was a pre - application conference held by the Planning Department with theapplicant Response Yes SirChairman 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 the site Response Yes, SirChairman Did your department prepare an analysis of the application including its conformity withzoning, subdivision, soil erosion and sedimentation, and health regulations Response Yes, SirChairman Did the Planning Board advertise and hold a hearing open to the public Response Yes, SirChairman Was written certification sent to the adjacent property owners in a timely fashion ResponseYes, SirChairman What is the recommendation of the Planning Board Response The Planning Boardrecommended approvalAre there any conditions attached Response No, SirChairman Please read to this Board the summary of the evidence supporting the actionCase 236 Findings of Fact1 The site is 500 off the State Road2 The site will be screened from view3 The site will meet all county requirements before beginning operationChairman Did you notify the applicant in writing of the Planning Boards recommendation ResponseYes, SirChairman 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 twelve12 months Response Yes, SirChairman Is the applicant aware that the right of appeal to the Board of Adjustment must be exercisedwithin thirty 30 days of this date Response Yes, Sir,Chairman Is the applicant aware that the permit will expire at the end of twelve 12 months if it is notused as permitted within that time period Response Yes, SirClaydene McLamb, neighbor, stated she had no complaint with an auto repair and display, but hasbeen told that if approved Mr Denning could put something else on the propertyChairman Norman C Denning informed Ms McLamb that this would be a special use permit andthe property could only be used for the purpose stated on the permit - an auto repair display businessThere being no further comments, the Chairman closed the public hearing4 Decision on Special Use PermitCase 236 Special use permit application for auto repair display on approximately143 acres on Holly Grove Church Road SR 1113 in Meadow TownshipOwner Luther Denning525Upon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board authorized the Planning staff to issue a special use permit for LutherDenning for an auto repair display on 143 acres in Meadow Township, based on the following findingsof fact1 The site is 500 off the State Road2 The site will be screened from view3 The site will meet all county requirements before beginning operationThere being no further comments, Commissioner Jerry F Wood moved the Board adjourn the 700pm regular scheduled meeting and resume the recessed meeting Commissioner Thomas M Mooreseconded the motion, which carried by unanimous voteRecessed Meeting ofMay 5, 1997Resumed2 Sewer Fees Discussion ResumedEd Etheridge stated the group met during the zoning hearings and would like further information Heasked the following questions concerning the scenario that called for a residential tap fee of 2,000 tap, nocommercial capacity fee, a 10,000 acre commercial acreage fee, and a commodity surcharge of1301000 gal usageWould this eliminate all other chargesResponse It was explained the only other charge for wastewater connection would be the costof tap plus 10 , if the County installs the tapWould the 10,000 acre be pro -rated for tracts less than 1 acreResponse A small tract would be pro -rated with a minimum of 5,000 per parcelCan one existing property owner choose a different plan from the restResponse One separate customer can not be handled differently from the rest in that areaBob Hollister stated he would like to go under another plan for his existing buildings He asked whythis could not be done if all the options amounted to the same amount of money It was explained thedifferent choices will realize the same revenue over the 20 year period, only if they apply to the entire areaSteven Sanderson stated that Engineer, Tim Broome, has been working with the figures and hastentatively suggested another option to the above scenario Based on his rough figures, Mr Broome feelsthat if the residential tap fee remains at 2,500 tap which is the current charge instead of the suggested2,000, the surcharge could be reduced to 45 with the 10,000 per acre and no commercial capacity feeFollowing further discussion, Commissioner Thomas M Moore moved the Board adopt the followingsewer fee schedule for outside areas tributary to a County Wastewater Treatment Plants, subject toverification of Mr Broomes figuresSewer Fee Schedule for Outside Areas Tributary to a County Wastewater Treatment PlantsResidential Tap FeeCommercial Capacity FeeCommercial Acreage FeeCommodity SurchargeCost for tapsAll other charges foi2,500 tap0 gallon10,000 acre - prorated with a minimum of 5,000 per parcel451000 gallons usageCost plus 10 This applies when County installs tapswastewater connection in these areas would be abolishedCommissioner James H Langdon, Jr seconded the motion, which carried by unanimous voteCommissioner Cookie Pope asked if there would be any reimbursement to those who paid under theprevious schedule County Manager, Richard Self, responded there is no money for any reimbursements3 Board of Education - Request for Approval of Cost Per Acre for School Site PropertiesIn accordance with NC General Statute § 115 C- 426f, Commissioner Cookie Pope moved the Boardapprove the following per acre cost for school sites526Princeton Union School - 7,800 per acre 834 acres for a total of 65,052Cleveland Elementary School - 24,250 per acre 2 acres for a total of 48,500McGees Crossroads Elementary Middle - 12,03472 per acre 5185 acres for a total of624,000Benson Elementary School - 10,70030 per acre 2299 acres for a total of 246,000Commissioner Thomas M Moore seconded the motion, which carried by unanimous vote4 Resolution - Request to Keep Johnston County in a Single Area CodeUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board adopted the following resolutionRESOLUTIONWHEREAS, the North Carolina Public Utilities Commission and the Federal CommunicationsCommission are proposing a new area code for the State of North Carolina; andWHEREAS, the County of Johnston recognizesthe plight of the various telephone companies inNorth Carolina to have an adequate supply of telephone numbers; andWHEREAS, Johnston County has a strong history of working with the various businesses andindustries which are located in Johnston County; andWHEREAS, the division of Johnston County into two separate area codes creates a hardship onthe citizens of the County, the businesses and industries of the County; and thecitizens of the United States in calling to Johnston County; andWHEREAS, the division of the Latas Local Access Transport Areas are arbitrary among thetelephone companies and can be alteredNOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Johnston County that theGovernoroftheStateof North Carolina, the North Carolina Public Utilities Commission, and the FederalCommunications Commission becalled upon toassist in redrawingthe Latas to allow Johnston Countyto remain in a single Area CodeAdopted this 12th day of May, 19975 Planning Department UpdateCal Genereux, Planning Director, reported that as requested by the Board of Commissioners at therecent retreat, he has been talking with consultant firms about writing a Comprehensive Land Use Plan forJohnston County He also noted the first six articles of the new Unified Development Ordinance will soonbe ready for reviewMr Genereux stated his office conducted a drive -by windshield survey of junk yards in order toget at least an idea of the number of abandoned vehicles in the County Using the criteria of three or morevisible abandoned vehicles, he surveyed approximately 20 of Elevation Township and found 8 places thatqualified6 McGees Crossroads School - Water and SewerCommissioner Thomas M Moore noted the Board of Education plans to proceed as quickly aspossible with the McGees Crossroads School project, and reminded the Board that decisions need to bemade soon about the water and sewer facilities In order to serve the school only, an on -site sewer systemcould be installed and doubled in size when the second school is built on the site In order to open up theentire area for sewer service, however, would require a wastewater lift station and a force main along NC210 to the leachate collection basin at the landfillThe County Manager reminded the Board that there is no money allocated for this projectCommissioner James H Langdon, Jr stated that, in his opinion, the better choice in the long runwould be to bring the wastewater back to the Countys plant and open up the entire area for public sewerFollowing a comment by Commissioner Moore concerning bulk water sales, County Manager RichardSelf noted he has been talking with Becky Flowers Finch and Heater Well Company about the Countypossibly providing the water for Ms Finchs planned unit development project5277 Need for County Staff AttorneyCommissioner James H Langdon, Jr voiced concern that the Board is meeting without the benefitof an attorney present at all times He stated, in his opinion, the County needs a full time attorney and feelsthis position will pay for itself in the long runThere being no further business, Commissioner James H Langdon, Jr moved the Board adjournCommissioner Thomas M Moore seconded the motion, which carried by unanimous voteNorman C Denning, ChairmanJoyce K Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 23855 PMCreated422003 71922 AMTemplateMinutesFieldsMinutes - TypeZoningMinutes - Date5121997Book20