April 7, 1997 - 10:00 AM - County Board of Commissioners Meeting Minutes

April 7, 1997The Johnston County Board of Commissioners met in regular session Monday, April 7, 1997, at10 oclock am 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 MinutesChairman Norman C Denning asked if there were any corrections to the minutes of the March 3,27, 1997 board meetings There being no corrections, the Chairman declared the minutes approved aspresented2 Fireworks DisplayUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board approved a fireworks display for Archer Lodge Community Centerfor July 4, 1997 rain date July 5, 1997, subject to NC General Statutes 14 -410, 14 -415, and Chapter20 of the Standard Fire Prevention Code, and contingent upon the petitioner obtaining the necessarypermits from the Inspections Department3 Town of Princeton - Tax Billing and CollectionThe Town of Princeton has requested that Johnston County bill and collect property taxes on behalfof the TownUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Thomas M Mooreand carried by unanimous vote, the Board adopted the following resolution ratifying a contract forinterlocal undertaking between Johnston County and the Town of Princeton to provide for the collectionby the County of ad valorem taxes levied by the townRESOLUTION RATIFYING A CONTRACT FOR INTERLOCALUNDERTAKING WITH THE TOWN OF PRINCETON RELATINGTO TAX COLLECTIONWHEREAS, the governing body of Johnston County has found and determined that it is in thepublic interest and for the public benefit to provide for the collection by Johnston County of ad valoremtaxes levied by the town; andWHEREAS, the County Commissioners believe that Johnston County has the means to providefor the collection of the ad valorem taxes levied by the town; andWHEREAS, the County Commissioners have examined and approve of a contract which providesfor said County collection of town ad valorem taxes and details the legal relationship and duties of theparties thereto;NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Johnston Countythat the contract entitled Contract for Interlocal Undertaking which provides for collection by JohnstonCounty of ad valorem taxes levied by the Town of Princeton is hereby approved and ratified TheChairman and the Clerk are authorized to sign said contract for and on behalf of Johnston CountyAdopted this the 7th day of April, 1997NOTE Contract for Interlocal Undertaking in Minute Book 18, p 549 -551 One amendment to standardreferenced contract - 2e1 to read as follows The County Tax Collector and his staff are under bondto cover all services they carry out for Johnston County and any municipality contracting with JohnstonCounty•4 Proclamation Week of the Young Child - April 13 -19 1997Upon a motion by Commissioner James W Cash, seconded by Commissioner Jerry F Wood andcarried by unanimous vote, the Board adopted the following proclamationPROCLAMATIONWEEK OF THE YOUNG CHILDWhereas, Johnston Community College Early Childhood Program, in conjunctionwith the National Association for the Education of Young Children, is celebrating theWeek of the Young Child, April 13-19, 1997; andWhereas, by calling attention to the need for high-quality early childhood servicesfor all children and families within our community and state, Johnston CommunityColleges Early Childhood Education Program hopes to improve the quality andavailability of such services; andWhereas, the future of our community and state depends on the quality of the earlychildhood experiences provided to young children today; andWhereas, high-quality early childhood services represent a worthy commitment toour childrens futureTHE JOHNSTON COUNTY COMMISSIONERS, do hereby proclaim April 13-19,199 7 as The Week of the Young Child and urge all citizens to recognize and support the needs of youngchildren in our community and state5 Community Service Work Program - PresentationNell Phelps, Program Manager for the Community Service Work Program, explained how herprogram works and how it benefits Johnston County The Community Service Work Program is one ofthree programs under the Victim and Justice Services Division of the NC Department of Crime Controland Public Safety It provides the Judges an alternative to incarceration or probation by allowing themto sentence offenders to work in the communityBoard members thanked Ms Phelps for her informative presentation6 Budget Amendments ApprovedA FEMA ReimbursementsUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board approved the following budget amendmentsExpenditure Increase - Money received from FEMA10 46006505 Hurricane Fran ExpenseRevenue Increase10 460035130 FEMA Disaster PaymentExpenditure Increase - Money received from FEMA10 46006505 Hurricane Fran ExpenseRevenue Increase10 460035130 FEMA Disaster PaymentB Social Services Department22,5220022,5220067,0970067,09700Upon a motion by Commissioner Eleanor N Creech, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board approved the following budget amendmentsExpenditure Increase - Additional fds for MedicaidTransportation Contract Services10 61054500 Contract Services 22,84600Expenditure Decrease10 61401907 Medicaid 1,25600Revenue Increase10 610034123 Social Services Administration 21,590000•Expenditure Increase - Additional fds for Child Day Care10 61304519 Child Day Care 121,85500Revenue Increase10 613034120 Child Day Care - Non FSA POC 121,85500Expenditure Increase - Additional fds for over - expended Admin Cost Center that are reimbursable10 6100110010 6100321110 6100062010 61004585Expenditure Decrease10 6100160010 61001110Revenue IncreaseTelephoneVerifications125 Adm FeeATP Post OfficeM R EquipmentPostageTOTAL10 610034123 Social Services Administration7 AppointmentsA Planning Board3,300003,177001000010,107003,136003,0000010,5480010,54800Upon a motion by Commissioner James W Cash, seconded by Commissioner Thomas M Mooreand carried by unanimous vote, the Board reappointed John R Suggs to the Johnston County PlanningBoard for a three year term to expire April, 2000Fire Protection District CommissionersUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board made the following appointments to the fire districtcommissions for two year terms to expire April, 1999Cla ex - Reappointed Bobby Worlds, Duke Hockaday, and Lee BarbeePI -LE - Reappointed Danny Pittman, Tim Overbee and Charles MorganSelma - Reappointed Jerry Joe Stephenson, Tommy Penny and Ernest WardShoeheel - Reappointed Kermitt BaileySmithfield - Reappointed Bobby Bryant, Mark Lane and George PopeThanksgiving - Reappointed Jimmy Smith, Kenneth Phillips and Gary PriceWest Johnston - Reappointed Eddie Hargis, Travis Parrish, and Leron ParrishC Johnston County Area Mental Health BoardUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board appointed Mary Asterita - Robel, PhD, DO to the Johnston CountyArea Mental Health Board for a four year term to expire April, 2001D Local Emergency Planning Committee SARAUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board reappointed Gerald York Hornaday to the Local EmergencyPlanning Committee SARA for a two year term to expire March, 1999E Board of AdjustmentsUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board appointed Linwood J Jones as an alternate to the JohnstonCounty Board of Adjustments for a three year term to expire April, 2000F Neuse River Development AuthorityCommissioner James W Cash moved the Board reappoint Maggie Moore to the Neuse RiverDevelopment Authority for a two year term to expire April, 1999 Commissioner Jerry F Wood secondedthe motion, which carried by the following voteAyes Norman C Denning, James W Cash, Jerry F Wood, Eleanor N Creech, James HLangdon, JrNay Cookie PopeAbstaining Thomas M MooreNote Commissioner Pope asked that the record reflect that she had previously agreed to supportanother candidate for this positionG Nursing Home Domiciliary Home Advisory BoardCommissioner Cookie Pope moved the Board appoint Lea Moore to the Nursing Home DomiciliaryHome Advisory Board for a three year term to expire April, 2000 Commissioner James H Langdon, Jrseconded the motion, which carried by the following voteAyes Norman C Denning, James W Cash, Jerry F Wood, Eleanor N Creech, James HLangdon, Jr, and Cookie PopeNay NoneAbstaining Thomas M Moore8 Public Hearing - Rezoning CasesAdvertised March 25, April 1, 1997 - The Smithfield HeraldCertified letters were mailed to adjoining property owners on March 27, 1997 and noticeswere posted at the locations on March 25, 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 208, 216, 217, 220, 221, 223,225 weresworn in by the ClerkCase 208 Petition to rezone approximately 151 acres on NC 210 in Pleasant Grove Townshipfrom ARR -40 to General Business Special Use District Owners Janice and LeonParrishCal Genereux, Planning Director, pointed out the property on a map and showed a photograph ofthe site The tract is located adjacent to the Pleasant Grove Community Center The Planning Boardrecommended approval of the rezoning requestCase 210 Petition to rezone approximately 2481 acres located on Old Roberts Road SR 1519in Pleasant Grove Township from ARR -40 to Mobile Home Park District OwnersSS Sauls and Sons, IncMr Genereux indicated the property on a map and explained there is a subdivision approximatelyone -half mile from the site and several businesses in the area The surrounding zoning is ARR -40,Industrial and Interstate Highway District The Planning Board recommended approvalLee Tyndall, adjacent property owner, opposed the rezoning stating he feels a mobile home park willdecrease the value of his home and discourage others from building single family homes in the areaDoug Tam, business owner in the area, voiced opposition stating that in his opinion, a mobilehome park should not be located so close to an industrial park and would hurt industrial prospects Hevoiced specific concern about an increase in traffic problems if this is approved He noted a petitionopposing the rezoning with signatures from most people in the area was presented at the Planning BoardmeetingChris Rooks, representing several residents who live in the area, opposed the rezoning He voicedconcern that the value of their property would decrease if a mobile home park was approved RobertSherrill McGee, who also lives in the area, opposed the rezoningLinwood Jones, developer representing the owner, stated the current mobile home park ordinancehas very strict regulations which make new mobile home parks very different from those in the past Thepark would be well maintained, and the owner would have strict guidelines concerning the age andcondition of the mobile homes allowed He noted the owner plans a community water system withapproximately 35 lots The streets within the park will be built up to standard and paved0•Mr Genereux noted the County has only two mobile home parks that were developed under the newzoning regulations, and his office is responsible for making standard inspections and enforcing theordinanceCase 216 Petitionto rezone approximately 151 acres on Elevation Road SR 1308 in ElevationTownship from ARR -40 to ARR -40 Special Use District Owner Tony H CaseyMr Genereux showed a photograph of the property which is located west of NC 50 He pointed outan existing building on the lot that would serve as a livestock auction if rezoned The Planning Boardrecommended approvalCase 217 Petition to rezone approximately 1 81 acres on Old Dam Road SR2123 in ONealsTownship from ARR -40 to Industrial 2 Special Use District Owners Ella PJohnsonMr Genereux indicated the property on a map and stated the surrounding zoning is ARR -40 Heshowed a photograph taken on the day ofthe Planning Board meeting, which showed a single -wide mobilehome used for storage, a double -wide mobile home and an old bus on the property A partial fence hasalso been erected The Planning Board recommended denial based on it being an unsuitable location fora salvage yardRay Johnson, husband of the owner, stated he is planning a shop and will use the mobile home forstorage He plans to complete the fence if rezonedJohnny Brown, nearby resident who has an interest in two properties next to this tract, stated hewould have no opposition to the rezoningJudy Langston, who lives across from the site, showed the Board several pictures she has taken ofthe property She noted the partial fence is constructed of old doors and scrap planks of different colorsand going in different directions She also pointed out there are two rusty old busses parked on theproperty She opposed the rezoning stating this has the appearance of a junk yard and will decrease thevalue of her property She also voiced concern about the hours Mr Johnson would be operating hisbusiness and the associated noise She stated several other neighbors who oppose the rezoning were unableto attend the meeting because of their work schedulesJimmy Brown, speaking on behalf of his parents who own property behind Mr Johnsons land, andCraig Stancil, who lives in the neighborhood, opposed the rezoning because of the appearance of theproperty and the general lack of information concerning exactly what Mr Johnson plans to doCommissioner Eleanor N Creech suggested Mr Johnson work with the neighbors and considertaking a different approach to the type of fencing and general appearance of his property ChairmanDenning agreed and stated he believes something can be worked out He asked Mr Johnson to work withMr Genereux to develop a plan for the property that would be agreeable with the neighborhood and stillallow him to make a living on his land He recommended the case be tabled until the May 12, 1997meetingCase 218 Petition to rezone approximately 1959 acres on Motorcycle Road SR 1704, BuffaloRoad SR 1003, and Jordan - Narron Road SR 1735 in Wilders Township fromARR -40 to Planned Unit Development Owner Rebecca Flowers FinchCounty Manager, Richard Self, informed the Board that he, Mr Genereux and several other staffmembers, as well as concerned departments and agencies such as the Board of Education and theDepartment of Transportation have met with Ms Finch and her team of professionals to discuss her plansfor this propertyMr Genereux showed a map ofthe properties and indicated the surrounding zoning is ARR -40 andARR -30 The property is located east of Clayton with most of the property north of Hwy 42 Afterdiscussion, the Planning Board recommended approvalLacy Reeves, Attorney for Ms Finch, introduced those who will be assisting in the development ofthis property He pointed out Ms Finch already has approximately 1200 acres zoned PUD and this wouldunify the entire 3000 plus acres He noted that most of the property is located in the watershed protectiondistrict, so the PUD designation will not significantly increase the density of development, but will allow• •for more flexibility It is projected that the project will take 12 to 15 years to build out and will includeapproximately 5000 residents He noted many questions were addressed by meeting with all interestedparties prior to the development of the projectThe Commissioners remarked on how pleased they were to see this type of planning in the CountyThey also stated they liked the idea of having all the concerned parties meet together to discuss and planfor the future impact of large development They thanked County Manager, Richard Self, and Ms Finchfor this combined effortCase 219 Petition to rezone approximately 75 acres on Old Fairground Road SR1309 inPleasant Grove Township from ARR -40 to Hwy Business Owner Michael Weeksapplicant Milton Wood THIS CASE WAS WITHDRAWN BEFORE THEMEETINGCase 220 Petition to rezone approximately 225 acres on Blackmon Road SR 115 3 in IngramsTownship from ARR -40 to ARR -40 Special Use District Owners John Converseand Jane WallMr Genereux pointed out the property on a map and noted this was previously a hog farm Thenearest resident is 1000 feet from the site The Planning Board recommended approvalJane Wall stated she and Mr Converse have been looking for an isolated piece of property tooperate a dog kennel She noted they would convert the existing lagoon for kennel use They plan to jointhe American Board of Kennels Association, which has very high standards, and they will be inspectedon a regular basis They plan to board up to 100 animals and have a breeding operationCase 221 Petition to rezone approximately 19 acres on NC 96 in Ingrams Township fromARR -40 to General Business Special Use District Owners Heirs of HowardHockaday - Peggy M Hockaday, Shepard Lyn Hockaday and Melanie SoutterMr Genereux indicated the property on a map and showed a photograph of the site The applicantsplan to have above - ground LP gas storage tanks on the property He noted that Peggy Hockaday, one ofthe applicants, lives on the adjacent property The Planning Board recommended approvalMs Peggy Hockaday stated her family has been in the fuel oil business for many years and wouldlike to expand their operation After considering several sites and conferring with the Department ofAgriculture, this property was considered the most suitable for this purposeCase 222 Petition to rezone approximately 8977 acres off Mt Pleasant Road SR 1533 onSouth Creek Road SR 2741 in Pleasant Grove Township from ARR -40 toResidential 30 Owners Waverly and Anna AkinsMr Genereux pointed out the property on a map and noted this is an extension of an existingdouble -wide mobile home subdivision in Wake County He showed photographs ofthe site The PlanningBoard recommended approvalCase 223 Petition to rezone approximately 65 acres off Booker Dairy Road SR1923 andBradford Street in Selma Township from ARR -40 to ARR -40 Special Use DistrictOwners Thomas and Shirley SullivanMr Genereux indicated the property on a map and showed a photograph of the site He noted therequest is for a wireless telecommunications tower, and sufficient acreage has been designated for a fallzoneCase 224 Petition to rezone approximately 3691 acres on Old US 70 -A in Wilsons MillsTownship from ARR -40 to Residential 10 Watershed Protection District OwnerNorthwood Development Company Ross LampeMr Genereux directed the Boards attention to a map of the area and noted that water and sewer areavailable This property is located in the Watershed Protection District south of Wilsons Mills, and even0•though R -10 inside a watershed does not require curb and gutter, development is limited to 2 lots per acreWater and sewer are available The Planning Board recommended approvalMs Leona Parrish stated she received a letter and asked for more information about the planneddevelopment She asked what kind of homes R -10 would allowMr Genereux responded that only single family stick -built homes on individual lots would be allowedDeveloper Dennis Blackmon also remarked that there will be approximately 66 homes on the propertyCase 225 Petition to rezone approximately 373 acres on Sampson Road SR 1117 in MeadowTownship from Ar R -40 to General Business Special Use District Owners Wayne andGloria QuickMr Genereux indicated the property on a map and showed a photograph of the site The property islocated in Meadow Township and would be used for a used car lot The existing structure would be usedfor office spaceThere being no further comments, the Chairman closed the public hearing9 Durwood Stephenson - New Highway Commissioner IntroducedThe Chairman welcomed M Durwood Stephenson and congratulated him on being named NorthCarolina Highway CommissionerMr Stephenson spoke briefly with the Board stating his interest in serving the people of JohnstonCounty He noted he would like to meet jointly with the Commissioners, Board of Education, and the townboards to discuss the overall needs of the County He plans to meet with officials on April 8th to discussthe traffic problems at the Cleveland Elementary School and look for solutions He stated the new pavingpriority list will be out within a few months, and noted a procedural change has been made in the way theroads have been rankedThe Commissioners thanked Mr Stephenson for coming by, and stated they look forward to workingwith him10 Decisions on Rezoning CasesCase 208 Petition to rezone approximately 151 acres on NC 210 in Pleasant Grove Townshipfrom ARR -40 to General Business Special Use District Owners Janice and LeonParrishUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Thomas MMoore and carried by unanimous vote, the Board approved rezoning case 208 for Janice and Leon Parrishof 151 acres from ARR -40 to General Business Special Use DistrictCase 210 Petition to rezone approximately 2481 acres located on Old Roberts Road SR 1519in Pleasant Grove Township from ARR -40 to Mobile Home Park District OwnersSS Sauls and Sons, IncCommissioners Cookie Pope and Eleanor N Creech expressed concern that this property is locatedso close to an the interstate highway and an industrial parkFollowing discussion, Commissioner James H Langdon, Jr moved the Board approve rezoning case210 for S S Sauls and Sons, Inc of 2481 acres rom ARR -40 to Mobile Home Park DistrictCommissioner Jerry 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, JrNay Cookie PopeH660 •Case 216 Petition to rezone approximately 151 acres on Elevation Road SR 1308 in ElevationTownship from ARR -40 to ARR -40 Special Use District Owner Tony H CaseyUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board approved rezoning case 216 for Tony H Casey of 151 acresfrom ARR -40 to ARR -40 Special Use DistrictCase 217 Petition to rezone approximately 181 acres on Old Dam Road SR2123 in ONealsTownship from ARR -40 to Industrial 2 Special Use District Owners Ella P JohnsonUpon a motion by Commissioner James H Langdon Jr, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board tabled a decision on rezoning case 217 until the May 12,1997 meeting of the BoardCase 218 Petition to rezone approximately 1959 acres on Motorcycle Road SR 1704, BuffaloRoad SR 1003, and Jordan - Narron Road SR 1735 in Wilders Township fromARR -40 to Planned Unit Development Owner Rebecca Flowers FinchUpon a motion by Commissioner Cookie Pope, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board approved rezoning case 218 for Rebecca Flowers Finch of 1959 acresfrom ARR -40 to Planned Unit DevelopmentCase 220 Petition to rezone approximately 225 acres on Blackmon Road SR 115 3 in IngramsTownship from ARR -40 to ARR -40 Special Use District Owners John Converse andJane WallUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board approved rezoning case 220 for John Converse and Jane Wall of 225acres from ARR -40 to ARR -40 Special Use DistrictCase 221 Petition to rezone approximately 19 acres on NC 96 in Ingrams Township from ARR-40 to General Business Special Use District Owners Heirs of Howard Hockaday -Peggy M Hockaday, Shepard Lyn Hockaday and Melanie SoutterUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board approved rezoning case 221 for Heirs of Howard Hockaday of 19acres from ARR -40 to General Business Special Use DistrictCase 222 Petition to rezone approximately 8977 acres off Mt Pleasant Road SR 1533 onSouth Creek Road SR 274 1 in Pleasant Grove Township from ARR -40 toResidential 30 Owners Waverly and Anna AkinsUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the approved rezoning case 222 for Waverly and Anna Akins of 8977acres from ARR -40 to Residential 30Case 223 Petition to rezone approximately 65 acres off Booker Dairy Road SR1923 andBradford Street in Selma Township from ARR -40 to ARR -40 Special Use DistrictOwners Thomas and Shirley SullivanUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Thomas MMoore and carried by unanimous vote, the Board approved rezoning case 223 for Thomas and ShirleySullivan of 65 acres from ARR -40 to ARR -40 Special Use DistrictCase 224 Petition to rezone approximately 3691 acres on Old US 70 -A in Wilsons MillsTownship from ARR -40 to Residential 10 Watershed Protection District OwnerNorthwood Development Company Ross LampeUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Thomas MMoore and carried by unanimous vote, the Board approved rezoning case 224 for Northwood DevelopmentCompany Ross Lampe of 3691 acres from ARR -40 to Residential 10 Watershed Protection Districtn 9 0 H660 •Case 225 Petition to rezone approximately 373 acres on Sampson Road SR 1117 in MeadowTownship from ARR -40 to General Business Special Use District Owners Wayneand Gloria QuickUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board approved rezoning case 225 for Wayne and Gloria Quick of 373acres from ARR -40 to General Business Special Use District11 Public Hearing Special Use PermitsAdvertised March 25, April 1, 1997 - The Smithfield HeraldCertified letters were mailed to adjoining property owners on March 27,1997 and notices wereposted at the locations on March 25, 1997The Chairman addressed the following questions to Planning Director, Cal Genereux concerning thefollowing cases Note Rezoning Case 217 was tabled until May 12, 1997 meeting, at which time, ifapproved, the Special Use Permit Hearing will be heldCase 208 Special use permit petition for mini - storage building on approximately 151 acres onNC 210 in Pleasant Grove Township Owners Janice and Leon ParrishCase 216 Special use permit petition for livestock auction on approximately 151 acres onElevation Road SR 1308 in Elevation Township Owner Tony CaseyCase 220 Special use permit petition for commercial kennel on approximately 225 acres onBlackmon Road SR 1153 in Ingrams Township Owners John Converse and JaneWallCase 221 Special use permit petition for above - ground storage of LP gas on approximately 19acres on NC 96 in Ingrams Township Owners Heirs of Howard Hockaday - PeggyHockaday, Shepard Lyn Hockaday, and Melanie SoutterCase 223 Special use permit petition for a telecommunications tower on approximately 65 acresoff Booker Dairy Road SR 1923 and Bradford Street in Selma Township OwnersThomas and Shirley SullivanCase 225 Special use permit petition for used automobile sales on approximately 373 acres onSampson Road SR 1117 in Meadow Township Owners Wayne and Gloria Quick1 Mr Genereux, were pre - application conferences held by the Planning Department with the applicantson 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 208, 216, 220, 221, 223, 225Chairman Are there any conditions attached Response No, sirChairman 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 2081 The use will be limited to only mini- storage facilities2 All fencing will be at least 12 from the road ROW3 The use, if developed as approved, will provide a service not otherwise available in the area4 The use will promote the general welfare, maintain the value of contiguous property, and is ingeneral compliance with the development plan for Johnston County, if developed as approvedCase 2161 This use is agriculture in nature2 The intended use is as a livestock auction3 The predominant use in the area is agriculture4 The use will promote the general welfare, maintain the value of contiguous property, and is ingeneral compliance with the development plan for Johnston County, if developed as approvedWoCase 2201 The proposed use is a commercial kennel2 The nearest residence is over 1,000 feet away3 The site is a former hog house and lagoon4 The lagoon will be utilized to treat wastewater from the kennel5 The owners will be trained in lagoon operation6 Maximum capacity will be 100 animals7 No boarding of animals outsideCase 2211 The proposed use is an LP Bulk truck refilling station2 The site is located adjacent to the owners residence3 The site is to meet all state and federal requirements for such a facility4 The site will be landscaped to meet county requirements5 The site will provide a needed service in the community6 The use will promote the general welfare, maintain the value of contiguous property, and is ingeneral compliance with the development plan for Johnston County, if developed as approvedCase 2231 The tower will offer co- location capability to other carriers2 Vehicular traffic to the site will be minimal3 The transmitter structure will be surrounded by a chain link fence topped with barbed wire4 The site is not located within the Johnston County airport overlay district5 A height variance has been granted by the Planning Board6 Cell towers are deemed a necessary use by the FCC7 The use will promote the general welfare, maintain the value of contiguous property, and is ingeneral compliance with the development plan for Johnston County, if developed as approvedCase 2251 The site will be located adjacent to the owners home2 10 -15 cars will be displayed3 A site plan and landscape plan will be approved by Planning staff4 The use will promote the general welfare, maintain the value of contiguous property, and is ingeneral compliance with the development plan for Johnston County, if developed as approved7 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 not usedas permitted within that time period Response Yes, SirThere being no further comments, the Chairman closed the public hearing12 Decisions on Special Use PermitsCASE 208 Special use permit petition for mini - storage building on approximately 151 acreson NC 210 in Pleasant Grove Township Owners Janice and Leon ParrishUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board authorized the Planning Department to issue a special use permit,case 208, to Janice and Leon Parrish for a mini - storage building on 151 acres in Pleasant Grove Township,based on the following findings of fact1 The use will be limited to only mini- storage facilities2 All fencing will be at least 12 from the road ROW3 The use, if developed as approved, will provide a service not otherwise available in the area4 The use will promote the general welfare, maintain the value of contiguous property, and is ingeneral compliance with the development plan for Johnston County, if developed as approved491CASE 216 Special use permit petition for livestock auction on approximately 151 acres onElevation Road SR 1308 in Elevation Township Owner Tony CaseyUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Thomas MMoore and carried by unanimous vote, the Board authorized the Planning Department to issue a special usepermit, case 216, to Tony Casey for a livestock auction on 151 acres in Elevation Township, based on thefollowing findings of fact1 This use is agriculture in nature2 The intended use is as a livestock auction3 The predominant use in the area is agriculture4 The use will promote the general welfare, maintain the value of contiguous property, and is ingeneral compliance with the development plan for Johnston County, if developed as approvedCASE 220 Special use permit petition for commercial kennel on approximately 225 acreson Blackmon Road SR 1153 in Ingrams Township Owners John Converseand Jane WallUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board authorized the Planning Department to issue a special use permit,case 220, to John Converse and Jane Wall for a commercial kennel on 225 acres in Ingrams Township,based on the following findings of fact1 The proposed use is a commercial kennel2 The nearest residence is over 1,000 feet away3 The site is a former hog house and lagoon4 The lagoon will be utilized to treat wastewater from the kennel5 The owners will be trained in lagoon operation6 Maximum capacity will be 100 animals7 No boarding of animals outsideCASE 221 Special use permit petition for above - ground storage of LP gas on approximately19 acres on NC 96 in Ingrams Township Owners Heirs of Howard Hockaday -Peggy Hockaday, Shepard Lyn Hockaday, and Melanie SoutterUpon a motion by Commissioner Thomas M Moore, seconded by Commissioner James H Langdon,Jr and carried by unanimous vote, the Board authorized the Planning Department to issue a special usepermit, case 221, to Heirs of Howard Hockaday - Peggy Hockaday, Shepard Lyn Hockaday, and MelanieSoutter, for above - ground storage of LP gas on 19 acres in Ingrams Township, based on the followingfindings of fact1 The proposed use is an LP Bulk truck refilling station2 The site is located adjacent to the owners residence3 The site is to meet all state and federal requirements for such a facility4 The site will be landscaped to meet county requirements5 The site will provide a needed service in the community6 The use will promote the general welfare, maintain the value of contiguous property, and is ingeneral compliance with the development plan for Johnston County, if developed as approvedCASE 223 Special use permit petition for a telecommunications tower on approximately 65acres off Booker Dairy Road SR 1923 and Bradford Street in Selma TownshipOwners Thomas and Shirley SullivanUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board authorized the Planning Department to issue a special use permit,case 223, to Thomas and Shirley Sullivan for a telecommunications tower on 65 acres in Selma Township,based on the following findings of fact1 The tower will offer co- location capability to other carriers2 Vehicular traffic to the site will be minimal3 The transmitter structure will be surrounded by a chain link fence topped with barbed wire4 The site is not located within the Johnston County airport overlay district5 A height variance has been granted by the Planning Board6 Cell towers are deemed a necessary use by the FCC4927 The use will promote the general welfare, maintain the value of contiguous property, and is ingeneral compliance with the development plan for Johnston County, if developed as approvedCASE 225 Special use permit petition for used automobile sales on approximately 373 acreson Sampson Road SR 1117 in Meadow Township Owners Wayne and GloriaQuickUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board authorized the Planning Department to issue a special use permitto Wayne and Gloria Quick, case 225, for used automobile sales on 373 acres in Meadow Township, basedon the following findings of fact1 The site will be located adjacent to the owners home2 10 -15 cars will be displayed3 A site plan and landscape plan will be approved by Planning staff4 The use will promote the general welfare, maintain the value of contiguous property, and is ingeneral compliance with the development plan for Johnston County, if developed as approved13 Sewer Fees DiscussedCounty Manager, Richard Self, gave a brief history of the sewer capacity fees which were originallyinstituted in the County in December, 1993Since 1993 the County has charged a 10 per gallon capacity fee for commercial and industrialsewer A flat fee of 2,500 is charged for residential sewer outside the corporate limits and ETJ areas, anda fee of 650 per gallon is charged inside the corporate limits and ETJ areas The money is set aside forexpansion of the Central Johnston County Regional Wastewater Treatment Facility Smithfield, Selma,Pine Level and Four Oaks send their wastewater to the plant, as well as rural users in the area The feestructure was reaffirmed by the Board of Commissioners on February 24, 1997 when a request for a largeallocation was received from the Town of Smithfield He explained that the plant has a current operatingpermit for 45 million gallons per day, and when additional allocations are applied for at the state level, thestate keeps a tally to assure the plant is not operating beyond capacity At present the plant is at 43+million gallons If the usage should reach 45 million, the State would place a moratorium on all additionalsewer allocations at the plant The fees would allow the County to expand the plant before this couldhappenDixon Fleming, speaking on behalf of Partners Equity Group, stated the Group has a prospectivemotel and restaurant that wish to locate on their property in Smithfield He noted that he and his partnerswere unaware of the Countys sewer capacity fee until they were informed it would cost 540,000 toreserve 54,000 gallons per day sewer allocation He commented that as far as he can determine, this wouldbe the first time the fee was charged to a building project in the Smithfield area He asked the County toreconsider the fees because, in his opinion, they are excessive and will discourage commercial growth Heshowed charts indicating the anticipated tax revenue these two businesses would bring into the CountyMayo Boddie with Texas Steakhouse stated his organization is excited about the prospect of comingto Johnston County, however, since learning of the sewer capacity fee, they will have to give furtherconsideration on whether to build here or not He pointed out this would have been easier to handle hadthey known of the additional cost in the beginning of their negotiationsMayor Joe Hobbs of Smithfield spoke on behalf of the municipalities using the WastewaterTreatment Plant He objected to the fees and stated, in his opinion, before this was put into place, theCounty should have discussed the matter with the four towns since they originally owned the plant until the1970sEarl Creech, Chairman of the Tourism Authority, noted his board officially voted on March 27thto ask the County to suspend the fees and find another way to raise funds for expanding the WWTP withouthurting commercial growth and tourismJohn Lucus, Real Estate Agent, stated this fee schedule will prevent prospects from looking atJohnston County He asked the Board to reconsider this matterDetailsAnnotationsEntry PropertiesModified11192013 115124 AMCreated422003 74300 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date471997Book20