September 3, 2019 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 23 Meeting of the Johnston County Board of Commissioners September 3 , 2019 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , September 3 , 2019 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Ted G Godwin , Vice Chairman Chad M Stewart , Jeffrey P Carver , Tony Braswell , Patrick E Harris , and RS “ Butch ” Lawter , Jr Absent Commissioner Larry Wood Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , Finance Officer and Assistant County Manager J Chad McLamb , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Ted G Godwin called the meeting to order at 6 00 pm and the following business was transacted 1 Recognition of Tarheel League Baseball State Championships The Board adopted the following resolutions recognizing recent Tarheel League State Baseball Championships Resolutions of recognition were adopted for the Johnston County South 15U Junior League Baseball Team , the South Johnston 10U Midget League Baseball Team , and the Cleveland 8U Baseball Team for winning state championships in the 2019 Tarheel League Baseball Tournament The Board congratulated the players , coaches , and parents on the championships Each of the teams ’ head coaches spoke briefly to the Board on their championship win and what it means for the players , parents , and their communities A Resolution for the Johnston County South 15U Junior League Baseball Team Upon a motion by Commissioner Patrick E Harris , seconded by Commissioner Butch Lawter , and carried by unanimous vote , the Board adopted the following resolution congratulating and recognizing the Johnston County South 15U Junior League Baseball Team on their recent State Championship win Commissioner Chad M Stewart read the resolution for those in attendance and presented a framed original to the team RESOLUTION RECOGNIZING THE JOHNSTON COUNTY SOUTH 15U JUNIOR LEAGUE BASEBALL TEAM Whereas , the Johnston County Board of Commissioners takes pride in recognizing the accomplishments of all athletic teams in Johnston County ; and Whereas , the Johnston County South 15U Junior League Baseball Team won the 2019 Tarheel League 15U Junior League State Baseball Championship in Smithfield , North Carolina on July 28 , 2019 ; and Whereas , the Johnston County Board of Commissioners recognizes this great accomplishment ; and Whereas , this Championship brings statewide recognition and distinction to all of Johnston County Now Therefore , Be It Resolved , that the Johnston County Board of Commissioners hereby publicly recognizes and congratulates the Johnston County South 15U Junior League Baseball Team on winning the 2019 Tarheel League 15U Junior League State Baseball Championship rd Adopted this the 3 day of September , 2019 Team Roster Nicholas Jackson , Dylan Bates , Parker Wood , Mason Raynor , Evan Barefoot , Cody Bates , Dewaye Schneider , Chase Carroll , Harvey Schneider , Lucas Carpenter , Paul Olive , AJ Byrd , and Kannan Crumpler ; and Coaches Brooks West , Brad Barbee , Jonathan Raynor , and Chris Carroll B Resolution for the South Johnston 10U Midget League Baseball Team Upon a motion by Commissioner Butch Lawter , seconded by Commissioner Chad M Stewart , and carried by unanimous vote , the Board adopted the following resolution congratulating and recognizing thePage24 September 3 , 2019 – 6 00 pm Continued South Johnston 10U Midget League Baseball Team on their recent State Championship win Commissioner Lawter read the resolution for those in attendance and presented a framed original to the team RESOLUTION RECOGNIZING THE SOUTH JOHNSTON 10U MIDGET LEAGUE BASEBALL TEAM Whereas , the Johnston County Board of Commissioners takes pride in recognizing the accomplishments of all athletic teams in Johnston County ; and Whereas , the South Johnston 10U Midget League Baseball Team won the 2019 Tarheel League 10U Midget League State Baseball Championship in Smithfield , North Carolina on July 28 , 2019 ; and Whereas , the Johnston County Board of Commissioners recognizes this great accomplishment ; and Whereas , this Championship brings statewide recognition and distinction to all of Johnston County Now Therefore , Be It Resolved , that the Johnston County Board of Commissioners hereby publicly recognizes and congratulates the South Johnston 10U Midget League Baseball Team on winning the 2019 Tarheel League 10U Midget League State Baseball Championship rd Adopted this the 3 day of September , 2019 Team Roster Lane Adams , Xander Adams , Reed Allen , Isaac Barefoot , Charley Carroll , Cade Gurley , Conley Johnson , Walker Johnson , Zach Mcquitty , Colt Tucker , Christian Valdiviezo , and Payton Wall ; and Coaches Glenn Johnson , Jody Johnson , Shane Wall , and John Gurley C Resolution for the Cleveland 8U Baseball Team Upon a motion by Commissioner Patrick E Harris , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board adopted the following resolution congratulating and recognizing the Cleveland 8U Baseball Team on their recent State Championship win Commissioner Harris read the resolution for those in attendance and presented a framed original to the team RESOLUTION RECOGNIZING THE CLEVELAND 8U BASEBALL TEAM Whereas , the Johnston County Board of Commissioners takes pride in recognizing the accomplishments of all athletic teams in Johnston County ; and Whereas , the Cleveland 8U Baseball Team won the 2019 Tarheel League 8U Coach Pitch State Baseball Championship in Smithfield , North Carolina on July 28 , 2019 ; and Whereas , the Johnston County Board of Commissioners recognizes this great accomplishment ; and Whereas , this Championship brings statewide recognition and distinction to all of Johnston County Now Therefore , Be It Resolved , that the Johnston County Board of Commissioners hereby publicly recognizes and congratulates the Cleveland 8U Baseball Team on winning the 2019 Tarheel League 8U Coach Pitch State Baseball Championship rd Adopted this the 3 day of September , 2019 Team Roster Mason Blankenship , Dean Brown , Tonzie Collins , Zachary Clark , Ethan Fiedler , Asher Halubka , Layne Jackson , Carlos Linares , Jacob Millard , Mason Pittman , Mitchel Roberson , and Jackson Shiffert ; and Coaches Tonzie Collins , Jeff Millard , Danny Brown , Brooks Pittman , and Kevin Jackson 2 Innovation Academy at South Campus – I CAN Global Summit Ms Elizabeth Ham , Humanities Lead Learner with Innovation Academy at South Campus , and students from the Innovation Academy addressed the Board regarding their upcoming attendance at the I CAN Global Summit in Rome The students informed the Board of their community project whereby they collected clothing , school supplies , and non - perishable food items , which were distributed to those impacted by Hurricane Florence Page25 September 3 , 2019 – 6 00 pm Continued The students stated they will be undertaking fundraising activities to pay for their trip to Rome The students presented the following information to the Board Page26 September 3 , 2019 – 6 00 pm ContinuedPagePage pageNumber527 September 3 , 2019 – 6 00 pm Continued The Board congratulated the students on their project and their attendance at the upcoming Summit The Commissioners also praised the students and their teachers for their professionalism during their presentation Commissioner Tony Braswell noted that his son attends the Innovation Academy and he stated it is a great school with wonderful programs Innovation Academy Principal Kelly Johnson thanked the Board for allowing the students to speak and she spoke on the success of their project that is allowing them to attend the summit Ms Johnson commended Ms Ham for her work with the students on this project 3 Public Comment A Margie Riedel and Jennifer Medlin - School Funding Concerns Margie Riedel , 182 Ainsley Court and Jennifer Medlin , 105 York Lane , addressed the Board to share their concerns regarding school funding for Johnston County Schools Ms Riedel and Ms Medlin both shared the difficulties of being a teacher in Johnston County and having to use their own money to purchase supplies for their classrooms They also spoke on the need to balance growth in the County to help offset overcrowding in schools They further shared their concerns with the Board regarding the need for more funding for the exceptional children’s program PagePage pageNumber628 September 3 , 2019 – 6 00 pm Continued Ms Riedel and Ms Medlin asked the Board to reconsider the amount allocated to Johnston County Schools for the Fiscal Year 2019 - 2020 school year and provide more funding Ms Riedel stated she feels that the County can do better and provide more for the children in schools At the inquiry of Commissioner Tony Braswell , Ms Medlin stated they did appear before the Board of Education and were told they needed to go see the County Commissioners In response to earlier comments by Ms Riedel that the State’s budget has not yet passed , Chairman Ted G Godwin stated , as a point of clarification , the Legislature has passed the budget ; however , the Governor has refused to sign it Chairman Godwin stated as he understands , the State’s budget does have funding included for many of the items mentioned Chairman Godwin further stated he has wondered why teachers have not gotten together to lobby the Governor to sign the budget Commissioner Braswell stated the Board did take into account growth when the Commissioners were deliberating this fiscal year’s budget and funding for Johnston County Schools He asked the County Manager to comment on where Johnston County is ranked as far as funding for schools County Manager Rick Hester stated the most recent North Carolina Public School forum newsletter ranked Johnston County fifth in the State of North Carolina in the “ relative effort ” category for school current expense funding He explained that relative effort combines a County’s ability to pay with their effort The Board thanked Ms Riedel and Ms Medlin for their comments and concerns , stating they understand their frustrations Chairman Godwin stated the Commissioners understand that many people have concerns with growth in the County and the Board will begin discussing that in detail later in the meeting and he invites everyone to give their feedback B Linda Viola Eldridge – Freedmen’s School Project Linda Viola Eldridge addressed the Board and provided them with information on the Freedmen’s School Project in Smithfield Ms Eldridge spoke on the Heritage Commission’s involvement with the project and its importance in our history Ms Eldridge stated it is the only one left in North Carolina and the Department of State Historic Sites is participating in the effort to make it a tourist attraction She stated the Freedmen’s School served as a school for African Americans from 1869 to 1912 The Board thanked Ms Eldridge for the information C Lisa Bland – School Funding Concerns Lisa Bland , 56 Somers Lane , addressed the Board and shared her concerns regarding school funding Ms Bland spoke on school and bus overcrowding issues and asked if the builders in the County have to pay a fee to help keep up with school construction Ms Bland stated homeowners have to pay taxes to help support education and she feels that builders should also be investing in the communities in which they are building Chairman Ted G Godwin thanked Ms Bland for her comments and reiterated that the Board would be discussing growth issues later in the meeting 4 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – August 23 and 30 , 2019 ; The Johnstonian News and The News in Review – August 21 and 28 , 2019 Certified letters were mailed to adjoining property owners on August 19 , 2019 A notice was posted at the location on June 26 , 2019 for Case 460 MOD The Chairman opened the Special Use Hearing for Case 460 MOD Case 460 MOD Petition to modify the special use permit for 101 acres located at 11268 NC Hwy 210 in Elevation Township currently zoned Industrial 2 - Special Use District I2 - SUD and allowing for auto repair , towing , and storage Tax ID 07F06032E Owner Lloyd & Lisa Glover Applicant Lloyd & Lisa Glover Petition is to modify the special use to clarify operating hours , increase maximum allowed vehicles on premises , and change storage requirements PagePage pageNumber729 September 3 , 2019 – 6 00 pm Continued Those wishing to speak on Special Use Case 460 MOD were sworn in by the Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to modify the special use permit for 101 acres located at 11268 NC Hwy 210 in Elevation Township currently zoned Industrial 2 - Special Use District and allowing for auto repair , towing , and storage to clarify operating hours , increase maximum allowed vehicles on premises , and change storage requirements Mr Newton entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 460 - MOD on March 18 , 2019 At that time , the applicant was informed of the following ? If approved , applicant must provide to the Planning Office a Site Plan for their review and approval ? Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board ? Applicant will be notified in writing of the Board’s decision ? If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners ? Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period ? When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements ? Subsequent to the pre - application consultation , all required notices were mailed to adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On July 16 , 2019 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 460 - MOD and made the following recommendations Upon a motion by Ms Hackler to approve Case 460 Modification with the change to condition # 7 to state 24 7 for towing , condition # 8 to read 50 vehicles , condition # 10 to add per site plan drawing which shall be recorded and condition # 11 to state the fence should be maintained as well as striking # 13 , seconded by Mr Caldwell , Case 460 Modification was approved by a unanimous vote of 7 - 0 at the July 16th , 2019 Planning Board Meeting Findings of Facts and Special Use Conditions 1 That the use or development is located , designed , and proposed to be operated as to maintain or promote the public health , safety , and general welfare ; Applicant The current use has been in operation for at least 19 years and has operated in a manner that has presented no immediate threat or harm to public health , safety , or welfare Upon modification of the original Special Use Permit , and bringing the site into compliance with any modified conditions as required , the site itself will continue to be operated as an existing or similar use , in the same general manner , with even better designated vehicular areas and more orderly business operations 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The applicant has been informed that the current tenant on - site is not in compliance with some of the ambiguous conditions of the original Special Use Permit It appears there have been some misunderstandings of the interpretation of the original Special Use Permit ; therefore applicant desires to modify and identify more specific on site areas for designated vehicular parking and storage Applicant feels this greatly clarify the understanding and interpretation of all requirements for the Special Use Permit 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant Upon this requested modification of the original Special Use Permit and conditions , and designation of specific vehicular and storage areas on site , applicant believes that the daily operations and visual appearance on the site , whether occupied by tenants or others , will be noticeably improved with more orderly business operations Consequently , this should enhance the surrounding area and properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Upon modification of the original Special Use conditions and bringing this site into compliance as required , the use at this location will continue to be as it has for years , but should provide more orderly business operations and visual improvement to the site Therefore , the use shall continue to conform with the County’s requirements AND these modifications will enhance and clarify the initial intentions of the original Special Use Permit as adopted by the Board Specific Land Uses APPLICANT Auto Repair , Towing , Storage Special Use Conditions 1 Permitted Uses Automotive repair and towing and storage only 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All signage shall comply with the sign code limited to one 60sf ground or monument sign only PagePage pageNumber830 September 3 , 2019 – 6 00 pm Continued 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 7 Hours of operation shall be 7 00 AM to 9 00 PM , seven days a week Monday through Saturday Hours shall be 24 hours a day , 7 days a week for towing of vehicles only 8 Limited to 53 50 vehicles on the premises at one time for the purpose of being repaired , to be repaired , storage and towing 9 No vehicle shall remain on premises for a period of no more than 180 days 10 All vehicles must remain in designated storage areas per site plan drawing which shall be recorded with the Register of Deeds and in a neat and orderly fashion 11 Any parts , motors , tires , etc must be kept in storage areas as indicated on site plan drawing Storage includes allowance of two metal storage containers 8 ’ x 40 ’ each to keep parts in a neat and orderly fashion All storage of parts are to remain behind an 8 ’ solid fence 12 Records must be maintained on each vehicle on lot 13 Landscape buffer Class B required on rear and sides of property 14 Access drive and gates are required to be a minimum of 20 feet wide for FD access and vehicles cannot obstruct access to the structures Items in bold or stricken through were recommended by Planning Board Mr Newton reported the request came in as a violation pertaining to the number of vehicles stored on the lot exceeding what is allowed in the special use permit as well as there are issues with the structural integrity of the fence Mr Newton stated the property is zoned Industrial 2 – Special Use District and used for automotive repair , towing , and storage The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes and General Business – Special Use District and used for automotive repair This area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan , which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Mr Newton stated since the Planning Board meeting , staff has learned that in September of 2003 , this special use permit came before the Planning Board and the Board of Commissioners for a modification He explained that staff did not realize there had been a previous modification in 2003 due to the case number being different at that time , which is not typical in that case numbers are usually kept the same for historical reference purposes Mr Newton stated in September of 2003 , the maximum number of vehicles allowed was increased Mr Newton reported staff’s recommendation is for denial due to the inconsistency with the Comprehensive Land Use Plan and the continued violation of the current special use permit Mr Newton also noted that during the technical review process , the Fire Marshal’s Office expressed concerns with fire trucks not being able to properly access the property Brian Leonard , of BRL Engineering , representing the applicant and the property tenant Mike Poole , acknowledged that the request did come to the County as a violation Mr Leonard provided the Board with a history of the use and stated this is a very successful and longstanding business in the area and there is a high demand for the tenant’s services Mr Leonard stated at times , due to that high demand , there has been an excess number of vehicles on the property as the aerial photograph indicates and which the tenant does not deny Mr Leonard continued that in meeting with staff and in looking at the original special use conditions along with the recently discovered modification from 2003 , there appears to be some confusion as far as how many vehicles are actually allowed on the property for repair versus those that are there for storage Mr Leonard noted the tenant also operates a towing rotation for the State Highway Patrol so there are vehicles on the site for storage only Mr Leonard stated the modification is needed in order to clarify the conditions Mr Mike Poole , the tenant on the property , stated he is the owner and operator for PJ’s Auto Service and has been in business in Johnston County for 27 years Mr Poole provided the Board with a history of his business and noted that at one time he was operating the auto business along with a convenience store Mr Poole stated with everything he had going on , he agrees that some things did become neglected on the site ; however , he stated the aerial photograph in the agenda packet does not justify the current conditions of the site Mr Poole shared with the Board the things he has done to improve the site which include landscaping and moving the cars that were across the front of the property Mr Poole spoke on the difficulties of finding another site to use for storage , but noted he did acquire another property where he can store vehicles Mr Poole also noted that he has had some health problems in the past that contributed to the issues on the site Commissioner Chad M Stewart stated he can appreciate the business that Mr Poole runs ; however , businesses must be operated within compliance of the special use permit Mr Leonard readdressed the Board and stated in reviewing the original permit and the modified permit from 2003 it is hard to say if Mr Poole was in violation ; therefore , Mr Poole is requesting the modification for clarification PagePage pageNumber931 September 3 , 2019 – 6 00 pm Continued Commissioner Stewart stated even with the modification in 2003 , the condition remained that stated no vehicle shall remain on the property for more than 90 days ; therefore , that condition should have been clear Commissioner Stewart also noted the conditions from 2003 stipulated a maximum of 45 cars on the site Mr Poole commented that his business has increased since 2003 Commissioner Stewart stated he understands that the business has increased , but it is only an acre of land and it is affecting the neighboring property owners Commissioner Stewart noted he wants Mr Poole to stay in business , but the business must be operated within compliance of the special conditions Steve Shipwash , 6505 Raleigh Road , Benson , addressed the Board and submitted the following exhibits to the Commissioners Mr Shipwash referenced the map and noted the subject site is shaded in pink and he stated the surrounding properties are owned by families that have lived there for over 200 years Page032 September 3 , 2019 – 6 00 pm ContinuedPage133 September 3 , 2019 – 6 00 pm ContinuedPage234 September 3 , 2019 – 6 00 pm Continued Mr Shipwash noted the condition from 2003 regarding the buffer requirement has been proposed for removal by the Planning Board and he asked for a reason the buffer should be removed Commissioner Tony Braswell noted he was at the Planning Board meeting and he believes the thought of the Planning Board regarding the removal of the buffer was because the property backed up to a field Mr Shipwash expressed concern with removing the buffer requirement and spoke on the condition of the existing fence around the subject site Mr Shipwash stated if the condition of the fence was better , then perhaps he could understand removing the buffer requirement Mr Shipwash stated he views special use conditions in the same manner as he does restrictive covenants for a subdivision in that they specify how someone must maintain their property Thomas Honeycutt , 75 Home Run Alley , Benson , stated he owns property to the north and east of the subject site Mr Honeycutt stated he has been a licensed professional engineer for 38 years and although he is retired now , he served as the State Engineer and Rural Development Coordinator for USDA Rural Development for 35 years Mr Honeycutt stated through his work with Rural Development he was able to gain experience with water and sewer systems , zoning matters , compliance with land use plans , contamination issues , and local government ordinances He added that since his retirement from Rural Development , he has consulted on many petroleum - contaminated sites Mr Honeycutt stated he is not trying to put Mr Poole out of business , but he is frustrated that the site has been a junkyard for years Mr Honeycutt submitted and reviewed the following exhibits with the Board Page335 September 3 , 2019 – 6 00 pm ContinuedPage436 September 3 , 2019 – 6 00 pm ContinuedPage537 September 3 , 2019 – 6 00 pm ContinuedPage638 September 3 , 2019 – 6 00 pm ContinuedPage739 September 3 , 2019 – 6 00 pm ContinuedPage840 September 3 , 2019 – 6 00 pm ContinuedPage941 September 3 , 2019 – 6 00 pm ContinuedPage042 September 3 , 2019 – 6 00 pm ContinuedPage143 September 3 , 2019 – 6 00 pm ContinuedPage244 September 3 , 2019 – 6 00 pm ContinuedPage345 September 3 , 2019 – 6 00 pm Continued Mr Honeycutt referenced the above aerial photographs and called to the Board’s attention the increase in vehicles on the site over the years and his concerns that the site is a junkyard Page446 September 3 , 2019 – 6 00 pm Continued Mr Honeycutt stated a modification to the use on the subject site is not fitting to the actual situation He stated the modification is being requested to allow for an auto garage and towing , but he feels if the modification is approved , the site will remain a junkyard He introduced Attorney Sherry Honeycutt Everett to comment on the definition of a junkyard Attorney Sherry Honeycutt Everett , 1014 Minerva Avenue , Durham , stated she grew up in this area of Johnston County and is familiar with the subject property Ms Everett reported the State Statute which governs junkyards is Article 12 , Section 136 - 141 , and called the Junkyard Control Act She stated the definition of a junkyard within the statute includes the term “ automobile graveyard ” which is defined as any establishment or place of business which is maintained , used , or operated for storing , keeping , buying or selling wrecked , scrapped , ruined , or dismantled motor vehicles or motor vehicle parts Any establishment or place of business upon which six or more unlicensed , used motor vehicles which cannot be operated under their own power are kept or stored for a period of 15 days or more shall be deemed to be an automobile graveyard within the meaning of this Article Ms Everett stated if an operation is classified as a junkyard under this statute , then it is subject to specific rules and regulations as contained within the statute Ms Everett reviewed some of the rules and regulations required for a junkyard She stated in reviewing the statutes , it is clear that there is a junkyard being operated on the subject site Mr Honeycutt readdressed the Board and continued reviewing his exhibits previously submitted Mr Honeycutt spoke on past contaminations issues with the subject site and stated they would like to see the original conditions of the special use permit brought into compliance He expressed concerns that the site has finally been cleaned up as far as contamination issues and he is afraid if junk cars are allowed to remain on the site , contamination will become a problem once again Mr Poole readdressed the Board and stated if he tows a vehicle to the property and it is leaking fluids , the fluids are not allowed to go into the ground He stated pans are placed underneath the vehicles to catch any fluids and if a leak does occur on the ground , he or one of his employees removes the dirt to keep the site clean Mr Poole stated antifreeze is disposed of properly and he collects and uses the motor oil to heat his shop Mr Poole also stated some of the vehicles in the pictures submitted by Mr Honeycutt are personally owned by him , are not a part of the business , and he has intentions of restoring them one day when he retires There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the special use permit modification based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use condition At the inquiry of Chairman Ted G Godwin , Mr Newton stated he has not had a chance to review the proposed special use conditions as submitted by Mr Honeycutt Commissioner Tony Braswell asked about the modification from 2003 Mr Newton explained that when staff discovered there had been a modification in 2003 , staff reviewed those special use conditions that were approved at that time Mr Newton reported even with the modification from 2003 , Mr Poole is still in violation of the permit as it relates to how long some of the vehicles have been on the site Mr Newton stated the special use permit stipulates that no vehicle shall remain on the premises for more than 90 days and this would include personal vehicles Page547 September 3 , 2019 – 6 00 pm Continued At the inquiry of Commissioner Braswell , County Attorney Jennifer Slusser stated with regards to the State Junkyard Act , staff is very familiar with those rules which are enforced by the North Carolina Department of Transportation Ms Slusser reported the issue of a junkyard was brought to staff’s attention last week and staff has not had a chance to investigate as to whether or not a junkyard exists on the property Ms Slusser explained that one key part of the definition of an automobile graveyard is that the cars must be unlicensed She stated staff has not investigated to see if any of the cars onsite are unlicensed Ms Slusser pointed out that the special use permit modification request does not pertain to whether or not the site is a junkyard Ms Slusser advised the Board that in reviewing the case , it is incumbent upon the petitioner to provide evidence through the findings of fact for the modification and the Board needs to consider those findings of fact as part of the deliberation process Ms Slusser stated if the Board chooses to deny the modification request , then the conditions from 2003 would be enforced by the Planning Department Commissioner Jeffrey P Carver stated he remembers the case from 2000 and 2003 and noted there has been a compliance issue on the property the entire time Commissioner Carver spoke on the number of cars that have been stored on the site over the years as evidenced in the aerial photographs and stated the site has been in violation for much of that time Commissioner Carver noted that the original contamination of the site was not caused by Mr Poole ; however , he expressed concern with the site becoming re - contaminated and how it will affect the surrounding property owners Commissioner Carver stated the request should be denied and the site brought into compliance There being no further comments , the Chairman closed the Special Use Hearing for Case 460 MOD Decision on Special Use Case 460 MOD - Denied Case 460 MOD Petition to modify the special use permit for 101 acres located at 11268 NC Hwy 210 in Elevation Township currently zoned Industrial 2 - Special Use District I2 - SUD and allowing for auto repair , towing , and storage Tax ID 07F06032E Owner Lloyd & Lisa Glover Applicant Lloyd & Lisa Glover Petition is to modify the special use to clarify operating hours , increase maximum allowed vehicles on premises , and change storage requirements Based on the following findings of facts , Commissioner Chad M Stewart moved the Board deny Case 460 MOD Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote Findings of Facts and Special Use Conditions 1 That the use or development is located , designed , and proposed to be operated as to maintain or promote the public health , safety , and general welfare ; The current use has expanded beyond the allowable special use permit The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes and General Business – Special Use District and used for automotive repair The development is located on only 101 acres of land and is adjacent to agricultural and residential property The proposed modification is inconsistent with the Comprehensive Land Use Plan The Johnston County Fire Marshal’s Office has concerns as to whether fire trucks can properly access the property The proposed modification is not located , designed , and proposed as to maintain or promote the public heath , safety , and general welfare 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; The applicant has been informed that the current tenant on - site is not in compliance with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations The current special use conditions are unambiguous and applicant utilizes the property in a way that violates the Johnston County Regulations 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; The proposed modification is not located , designed and proposed to be operated so as to maintain or enhance the value of contiguous property , nor is it a public necessity The proposed modification to increase operating hours , increase the maximum allowed vehicles on premises , and change storage requirements is not consistent with the general character of the surrounding neighborhood , which is farmland and residential Applicant presented no credible evidence to support a finding that the proposed modification is located , designed and proposed to be operated in such a manner as to maintain or enhance the value of contiguous property , or that the use was a public necessity 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners The proposed modification does not conform with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners because the proposed modification is inconsistent with the County’s Comprehensive Land Use Plan , the use is more intense than should be allowed in this area , and the parcel is too small for the proposed modification Page648 September 3 , 2019 – 6 00 pm Continued 5 Planning Activity Report Planning Director Braston Newton presented the following Planning Activity Report for the month of August 2019 Monthly Activity Report – August 2019 CPB REZONINGS Proposed for August 2019 Special Use Straight Zoning Totals Approved 2019 Cases 6 0 6 13 Total Acres 28186 0 28186 1330068 SUBDIVISIONS Approved columns are through previous month Approved Approved 2019 2018 Proposed Re - submittals Major Subdivisions 34 29 4 - - - - Total Lots 969 1,184 180 - - - - Total Acres 955832 1,23927 31406 - - - - Open Space Acres 9221 15652 2683 - - - - Fee - in - Lieu 254,400 334,800 17,200 - - - - Minors 30 99 Total Lots 60 176 Total Acres 351672 41052 Valid Lots 11,502 Adjustments 95 added , 337 removed never developed or recorded 6 Strategic Growth Planning and Citizen Feedback Chairman Ted G Godwin stated he would like to talk about setting up some type of mechanism on the best way to solicit input from citizens and stakeholders regarding strategic growth planning Chairman Godwin asked if this is a subject that the Board should put on the evening agenda each month so that citizens can see it is a part of the discussions and can then attend and share their thoughts if they wish Commissioner Chad M Stewart agreed and stated by having it on the agenda , it would open up the subject to a broader group of people such as citizens , developers , builders , realtors , and other stakeholders Commissioner Stewart stated topics could include water , wastewater , transportation , and other growth related issues Upon a question by Commissioner Tony Braswell , County Attorney Jennifer Slusser stated the County currently does not have standards within the ordinance related to school capacity She stated there are some access and circulation items within the subdivision ordinance but not a lot with regards to offsite improvements Chairman Godwin recognized Mr Richard Braswell in the audience and asked him for his thoughts on the matter Mr Richard Braswell stated he thinks the Board needs to solicit input from different sectors of the community Mr Braswell commented that the term “ smart growth ” takes everything into consideration and the discussions should include builders , developers , school board representatives , and others Mr Braswell stated he is in favor of steering growth towards the towns Chairman Godwin stated that for whatever the Board does , it must be prepared to make decisions some of which , may not be popular Commissioner Butch Lawter stated he likes the idea of having an open forum at the monthly meetings in order to narrow down some ideas the Board can consider Commissioner Lawter spoke on the importance of public input as well as the need to figure out what the main concerns are while being cautious of any changes made Page749 September 3 , 2019 – 6 00 pm Continued Commissioner Patrick E Harris agreed that having time on the agendas is a good idea and he also spoke in favor of soliciting input from different specific groups and putting together a comprehensive approach to address some of the issues Commissioner Harris also stated he thinks time is critical Further discussion was held during Board Comment on this item 7 Manager Reports and Comments A Positions for the Solid Waste Services Department County Manager Rick Hester reported that funds were included in the Fiscal Year 2019 - 2020 budget for three positions in the Solid Waste Services Department ; however , those positions were inadvertently left out of the budget message Mr Hester stated the positions are as follows Solid Waste Division Manager Grade 30 ; Equipment Maintenance Mechanic 1 Grade 17 ; and Weighmaster Grade 16 Per Mr Hester’s request , upon a motion by Commissioner Tony Braswell , seconded by Commissioner Chad M Stewart , and carried unanimously , the Board formally approved the positions as listed above B Resolution Designating Agents for FEMA Per the request of staff , upon a motion by Commissioner Patrick E Harris , seconded by Commissioner Butch Lawter , and carried unanimously , the Board adopted the following resolution designating Internal Auditor Manager Kristy Wall and Internal Auditor Sarah Gaylor as agents for any funding documentation necessary for FEMA 8 Board Reports and Comments A Further Discussion Regarding Strategic Growth Planning The Board continued to discuss strategic growth planning , the need to move forward with ideas and or solutions , as well as the best way to solicit the public’s involvement Commissioner Tony Braswell noted there are seven commissioner districts , and each of the Commissioners could reach out to those within their districts to get thoughts and feedback on strategic growth planning and then share that information with the full Board Page850 September 3 , 2019 – 6 00 pm Continued The Board continued to discuss options and it was noted that while community meetings are an important tool in soliciting public feedback , it would be helpful to first assemble information related to strategic growth management issues ahead of time and distribute that information to the public for the citizens to understand and provide feedback on specific items County Manager Rick Hester and Planning Director Braston Newton offered to work together and develop a list of the main issues and concerns related to growth that staff hears and share that information with the Board at the October meeting Mr Newton stated once the Board has reviewed list , it could then be distributed out to the public via social media as a way to verify what the public would like to talk about at either community meetings or at the regular monthly meetings Following discussion , it was the consensus of the Board for Planning Director Braston Newton and County Manager Rick Hester to put together a list of the main issues and possible recommendations for the Board to look at in October Mr Newton stated he would touch base with the Inspections Department , Environmental Health , and the Public Utilities Department so they can contribute to that list Mr Lanny Thomas , resident of Cleveland Road , spoke on his concerns that the rules have changed where there are now too many houses built too close together on one tract of land with not enough open space remaining Commissioner Jeffrey P Carver commented that when open space is discussed is should be “ usable ” open space Commissioner Carver also stated the Board will need to make some tough decisions ahead that will not make everyone happy There being no further business , Commissioner Butch Lawter moved the Board adjourn Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The meeting adjourned at 8 35 pm Ted G Godwin , Chairman Paula G Woodard , Clerk to the BoardPage