July 9, 2018 - 6:00 pm - County Board of Commissioners Meeting Minutes (Zoning)

10 388 Meeting of the Johnston County Board of Commissioners July 9 , 2018 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , July 9 , 2018 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Vice Chairman Ted G Godwin , Cookie Pope , Allen L Mims , Jr , and Chad M Stewart Absent Commissioners Larry Wood and Lee Jackson Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Jeffrey P Carver called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment A Update from Flowers Plantation Reid Stephenson , representing Flowers Plantation , provided the Board with an update on recent developments , sales , planned projects , transportation improvement projects and upcoming activities at Flowers Plantation Mr Stephenson reported Flowers Plantation closed 200 homes in 2017 with an average sales price of over 260,000 He stated in 2018 , new home closings are projected at 260 at an average sales price of 265,000 and they are on target for over 2,300 lots being added over the next four to five years B Citizen Concern – Tax for Parks and Recreation District Stephen Randolph , 303 Broadmoor Way , Cleveland Community , addressed the Board and shared his concerns regarding an additional tax to support a parks and recreation district Mr Randolph stated as he understands , the proposed legislation allowing citizens to vote on whether or not to be taxed to support a parks and recreation district did not pass in the recent North Carolina General Assembly Session Mr Randolph stated he is opposed to such a tax because he feels it would be unfair to those that would not use the park facilities Mr Randolph instead proposed that the citizens who would use the facilities be charged to pay for the district 2 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – June 29 and July 6 , 2018 Certified letters were mailed to adjoining property owners on June 25 , 2018 Notices were posted at the locations on April 30 , 2018 for Cases 18 - 09 and 18 - 10 The Chairman opened the Rezoning Hearing for Case 18 - 09 Case 18 - 09 Petition to rezone 97 acres located at 225 Mudham Rd SR 1722 in Wilders Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 16P99008M Owner Guy G Ide Jr & Brandy C Ide Applicant Guy G Ide Jr & Brandy C Ide Interim Planning Director Matt Kirkland stated the petition is to rezone 97 acres located at 225 Mudham Road in Wilders Township from Agricultural Residential to General Business - Special Use District He noted the special use request associated with the rezoning is to allow for a landscape business contractor Mr Kirkland stated the site is currently zoned Agricultural Residential and used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which high levels of growth pressures currently exist or are anticipated in the near term In response to Commissioner Allen L Mims , Jr , Mr Kirkland stated staff recommended denial because the request does not conform with the comprehensive land use plan Applicant Guy Ide , 1408 Pitty Pats Path , Zebulon , stated he would like to construct a building on the site to store landscaping equipment and trucks Page389 July 9 , 2018 – 6 00 pm Continued There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Kirkland reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 18 - 09 Decision on Rezoning Case 18 - 09 Case 18 - 09 Petition to rezone 97 acres located at 225 Mudham Rd SR 1722 in Wilders Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 16P99008M Owner Guy G Ide Jr & Brandy C Ide Applicant Guy G Ide Jr & Brandy C Ide Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 18 - 09 Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 18 - 09 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 16P99008M located at 225 Mudham Rd SR 1722 as shown on the attached Exhibit A , from Agricultural Residential to General Business - Special Use District for the operation of a landscape business and contractor office WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment request is consistent with the Comprehensive Land Use Plan Goal 3A “ Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The proposed use would benefit the community and the conditions will ensure that the request is compatible with the surrounding area and will not negatively affect the public 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to General Business - Special Use District GB - SUD th Adopted this the 9 day of July , 2018 The Chairman opened the Special Use Hearing for Case 18 - 09 Case 18 - 09 To allow for landscape business contractor Owner Guy G Ide Jr & Brandy C Ide Applicant Guy G Ide Jr & Brandy C IdePage390 July 9 , 2018 – 6 00 pm Continued Those wishing to speak on Special Use Case 18 - 09 were sworn in by the Clerk to the Board Interim Planning Director Matt Kirkland introduced the special use case and stated the petition is to allow for a landscape business contractor Mr Kirkland 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 18 - 09 on April 2 , 2018 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 May 15,2018 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 18 - 09 and made the following recommendations Mr Letchworth made a motion to approve Rezoning Case 18 - 09 , seconded by Mr Summerlin and carried by a unanimous vote of 7 - 0 Rezoning Case 18 - 09 was approved at the April 17th , 2018 Planning Board Meeting Mr Letchworth made a motion to the Special Use Conditions for Rezoning Case 18 - 09 , seconded by Mr Summerlin and th , 2018 carried by a unanimous vote of 7 - 0 The Special Use Conditions for Rezoning Case 18 - 09 were approved at the May 15 Planning Board Meeting Finding of Facts for the Special Use Permit 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 In Dec 2017 Mark Vosberg , dba Ecotek was hired to perform a preliminary wetland and stream buffer delineation of my 25 acre site at 225 Mudham Rd in Wendell As a result , it was determined and verified by the US Army Corps of Engineers that the area of wetland water’s of the US onsite was 52 and consisted of 13 acres along the northern - most boundary 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 Subsequent to the delineation , Ecotek met with Charles Pender , Environmental Manager at Johnston Co Dept of Public Utilities to verify the extent of intermittent and or perennial streams onsite and their subjectivity to Neuse River Buffer regulations It was determined that wetland adjacent to jurisdictional stream was also functioning as a buffer to the stream and was 50 ’ or more landward of the stream , so no additional buffer was required 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 I will preserve ~ 50 ’ of existing vegetation adjacent to the south and east side of the property to maintain enhance the value of contiguous property and screen my landscaping operation from vehicular traffic on Mudham Rd 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 Total impervious surface will not exceed 008 or 43,560 ft of the land area requested for rezoning so a sediment and erosion plan will not be required Further , it is anticipated that the highest and best use of the remaining 145 acre of land to the west and north of my landscaping operation & residence will be developed for passive recreation & contain a relatively large , wetland restoration area utilizing raised walking trails to maintain and direct sheet flow from adjacent uplands and a berm along the western property boundary to concentrate surface water Specific Land Uses APPLICANT To allow for landscape - contractor business Special Use Conditions 1 Permitted Uses Landscape business contractor 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 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines Existing natural vegetation may be used if equal or more intense Page391 July 9 , 2018 – 6 00 pm Continued 5 All signage shall comply with the sign code limited to one 60sf ground or monument sign only 6 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 8 Hours of operation shall be 7 00 am until 7 00 pm , seven days a week 9 Outdoor storage shall be contained within an 8 ’ opaque fence or sufficient vegetative screening Mr Kirkland listed and reviewed the special use conditions with the Board Applicant Guy Ide , 1408 Pitty Pats Path , Zebulon , confirmed that he is acceptable to the special use conditions as proposed There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Kirkland reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman recessed the Special Use Hearing for Case 18 - 09 Decision on Special Use Case 18 - 09 Case 18 - 09 To allow for landscape business contractor Owner Guy G Ide Jr & Brandy C Ide Applicant Guy G Ide Jr & Brandy C Ide Based on the findings of facts and special use conditions as listed below , Commissioner Chad M Stewart moved the Board authorize the Planning Department to issue a special use permit for Case 18 - 09 to allow for a landscape business contractor on 97 acres located at 225 Mudham Road in Wilders Township Commissioner Cookie Pope seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 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 In Dec 2017 Mark Vosberg , dba Ecotek was hired to perform a preliminary wetland and stream buffer delineation of my 25 acre site at 225 Mudham Rd in Wendell As a result , it was determined and verified by the US Army Corps of Engineers that the area of wetland water’s of the US onsite was 52 and consisted of 13 acres along the northern - most boundary 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 Subsequent to the delineation , Ecotek met with Charles Pender , Environmental Manager at Johnston Co Dept of Public Utilities to verify the extent of intermittent and or perennial streams onsite and their subjectivity to Neuse River Buffer regulations It was determined that wetland adjacent to jurisdictional stream was also functioning as a buffer to the stream and was 50 ’ or more landward of the stream , so no additional buffer was required 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 I will preserve ~ 50 ’ of existing vegetation adjacent to the south and east side of the property to maintain enhance the value of contiguous property and screen my landscaping operation from vehicular traffic on Mudham Rd 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 Total impervious surface will not exceed 008 or 43,560 ft of the land area requested for rezoning so a sediment and erosion plan will not be required Further , it is anticipated that the highest and best use of the remaining 145 acre of land to the west and north of my landscaping operation & residence will be developed for passive recreation & contain a relatively large , wetland restoration area utilizing raised walking trails to maintain and direct sheet flow from adjacent uplands and a berm along the western property boundary to concentrate surface water Specific Land Uses APPLICANT To allow for landscape - contractor business Special Use Conditions 1 Permitted Uses Landscape business contractor 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 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines Existing natural vegetation may be used if equal or more intense 5 All signage shall comply with the sign code limited to one 60sf ground or monument sign only 6 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies PagePage pageNumber5392 July 9 , 2018 – 6 00 pm Continued 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 8 Hours of operation shall be 7 00 am until 7 00 pm , seven days a week 9 Outdoor storage shall be contained within an 8 ’ opaque fence or sufficient vegetative screening The Chairman reopened the Rezoning Hearing for Case 18 - 10 Case 18 - 10 Petition to rezone 205 acres out of a 766 - acre tract located at 5650 Applewhite Rd SR 1720 in Wilders Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 16K03012E Owner Herculano Mendoza Applicant Herculano Mendoza Interim Planning Director Matt Kirkland stated the petition is to rezone 205 acres out of a 766 - acre tract located at 5650 Applewhite Road in Wilders Township from Agricultural Residential to General Business - Special Use District He noted the special use request associated with the rezoning is to allow for commercial vehicle parking Mr Kirkland stated the site is currently zoned Agricultural Residential and used for residential purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years Mr Kirkland stated the request came in as a violation and that once the applicant was notified of the violation he came in immediately to correct the matter Applicant Herculano Mendoza , 5650 Applewhite Road , stated he would like to park his dump trucks on the site Mr Mendoza reported the trucks leave in the morning , return in the evenings , and there is no other activity during the day Upon questions by the Commissioners , Mr Mendoza stated he lives in the house adjacent to the subject site and owns the dump truck business Mr Mendoza stated he has spoken with his neighbor Mr Mendoza reported he has lived there for 15 years and owned the dump truck business for four years using the subject site for parking as he did not realize it was in violation There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Kirkland reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman closed the Rezoning Hearing for Case 18 - 10 Decision on Rezoning Case 18 - 10 Case 18 - 10 Petition to rezone 205 acres out of a 766 - acre tract located at 5650 Applewhite Rd SR 1720 in Wilders Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 16K03012E Owner Herculano Mendoza Applicant Herculano Mendoza Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 18 - 10 Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 18 - 10 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for a portion of the parcel identified as tax Tag ID 16K03012E located at 5650 Applewhite Road SR 1720 as shown on the attached Exhibit A , from Agricultural Residential to General Business - Special Use District for commercial vehicle parking WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; andPagePage pageNumber6393 July 9 , 2018 – 6 00 pm Continued WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment request is consistent with the Comprehensive Land Use Plan Goal 3A “ Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The proposed use would benefit the community and the conditions will ensure that the request is compatible with the surrounding area and will not negatively affect the public 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to General Business - Special Use District GB - SUD th Adopted this the 9 day of July , 2018 The Chairman reopened the Special Use Hearing for Case 18 - 10 Case 18 - 10 To allow for commercial vehicle parking Owner Herculano Mendoza Applicant Herculano Mendoza Those wishing to speak on Special Use Case 18 - 10 were sworn in by the Clerk to the Board Interim Planning Director Matt Kirkland introduced the special use case and stated the petition is to allow for commercial vehicle parking Mr Kirkland 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 18 - 10 on April 2 , 2018 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 May 15,2018 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 18 - 10 and made the following recommendations Ms Hackler made a motion to approve the Rezoning Petition for Case 18 - 10 , seconded by Mr Creech with Mr Smith and Mr Letchworth in opposition The motion was carried by a vote of 5 - 2 Rezoning Case 18 - 10 was approved at the May 15th , 2018 Planning Board Meeting Ms Hackler made a motion to approve the Special Use Conditions for Rezoning Petition for Case 18 - 10 with the change in the hours to include Saturday , to increase the amount of vehicles allowed to 8 and added Condition # 10 concerning all outdoor storage be enclosed in 8 ’ opaque fence or vegetative screening , seconded by Mr Creech Mr Smith was in opposition The motion was carried by a vote of 6 - 1 Special Use Conditions for Rezoning Case 18 - 10 were approved at the May 15th , 2018 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant To provide area to park commercial trucks This area will be developed to comply with zoning regulations 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of thePagePage pageNumber7394 July 9 , 2018 – 6 00 pm Continued Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The development will comply with most recent land development codes 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 This development will be screened and fenced with wood rail fence and class B landscape area 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 The development will comply with Board of Commissioner recommendations Specific Land Uses APPLICANT Parking for commercial vehicles Special Use Conditions 1 Permitted Uses Parking for commercial vehicles 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 Installation of a Class B landscape buffer along all rezoning lines 1 large trees , 2 small trees , and 6 shrubs every one hundred 100 linear feet Landscaping shall be placed on the outside of any fences 5 All buildings and or development must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be Monday through Friday Saturday , 6 00 am until 8 00 pm 7 No more than 6 8 commercial vehicles parked on site 8 Signage must comply with the County’s sign code limited to one 60 sq ft ground or monument sign only 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 10 All outdoor storage shall be enclosed in an 8 ’ opaque fence or sufficient vegetative screening Mr Kirkland listed and reviewed the special use conditions with the Board Applicant Herculano Mendoza , 5650 Applewhite Road , confirmed that he agrees with the special use conditions as proposed At the inquiry of Commissioner Allen L Mims , Jr , Mr Mendoza stated they haul gravel , asphalt , and dirt which is all unloaded at the job site He stated they do not bring loads home and the dirt that he brought into the site was for his own purposes Mr Mendoza stated the dirt was used for a building on his property which he obtained the proper permits for There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Kirkland reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman closed the Special Use Hearing for Case 18 - 10 Decision on Special Use Case 18 - 10 Case 18 - 10 To allow for commercial vehicle parking Owner Herculano Mendoza Applicant Herculano Mendoza Based on the findings of facts and special use conditions as listed below , Commissioner Ted G Godwin moved the Board authorize the Planning Department to issue a special use permit for Case 18 - 10 to allow for commercial vehicle parking on 205 acres out of a 766 - acre tract located at 5650 Applewhite Road in Wilders Township Commissioner Chad M Stewart seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant To provide area to park commercial trucks This area will be developed to comply with zoning regulations 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 development will comply with most recent land development codes 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 This development will be screened and fenced with wood rail fence and class B landscape area 4 That the use or development conforms with general plans for the physical development of the County’s PlanningPagePage pageNumber8395 July 9 , 2018 – 6 00 pm Continued jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The development will comply with Board of Commissioner recommendations Specific Land Uses APPLICANT Parking for commercial vehicles Special Use Conditions 1 Permitted Uses Parking for commercial vehicles 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 Installation of a Class B landscape buffer along all rezoning lines 1 large trees , 2 small trees , and 6 shrubs every one hundred 100 linear feet Landscaping shall be placed on the outside of any fences 5 All buildings and or development must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be Monday through Saturday , 6 00 am until 8 00 pm 7 No more than 8 commercial vehicles parked on site 8 Signage must comply with the County’s sign code limited to one 60 sq ft ground or monument sign only 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 10 All outdoor storage shall be enclosed in an 8 ’ opaque fence or sufficient vegetative screening 3 Public Hearing – Proposed Ordinance for the Sale of Alcohol Before Noon on Sundays Advertised – The News & Observer Friday Zone Edition – June 29 and July 6 , 2018 Also advertised in The News In Review , The Kenly News , The Selma News , The Pine Level News , and The Princeton News Leader Chairman Jeffery P Carver opened the public hearing to receive public comment and discussion on a proposed ordinance to allow for the sale of alcoholic beverages before 12 00 Noon on Sundays at licensed premises in the unincorporated areas of Johnston County County Attorney Jennifer Slusser reported a public hearing is not required for this type of ordinance ; however , traditionally for any ordinances in Johnston County the Board seeks to get the input of citizens Ms Slusser stated staff prepared a draft ordinance that was based upon a model , which had been adopted in other areas She continued that staff has since revised the ordinance based on feedback received from Commissioners Ms Slusser submitted and reviewed a revised ordinance resolution to the Board , as follows An Ordinance To Allow the Sale of Alcoholic Beverages Before Noon on Sundays at Licensed Premises WHEREAS , on June 29 , 2017 , the North Carolina General Assembly enacted Senate Bill 155 , entitled “ An Act to Make Various Changes to the Alcoholic Beverage Control Commission Laws ” ; and WHEREAS , Section 4 of Ratified Senate Bill 155 authorizes city and county governments to adopt an ordinance to allow alcohol sales beginning at 10 am on Sundays ; and WHEREAS , Ratified Senate Bill 155 was signed into law by Governor Roy Cooper on the 30th day of June , 2017 and became effective on that date Session Law 2017 , Chapter 87 ; and WHEREAS , by enacting Senate Bill 155 , North Carolina joins 47 other States in allowing alcohol service before noon on Sunday ; and WHEREAS , Sunday morning alcohol service within the County will bring parity for the small business community with that of businesses located in the municipalities in the County , which have already approved such service NOW , THEREFORE , BE IT ORDAINED by the Board of Commissioners of Johnston County , North Carolina that Section 1 Pursuant to the authority contained in GS 153A – 1457 , the sale of malt beverages , unfortified wine , fortified wine , and mixed beverages is allowed in the unincorporated areas of Johnston County beginning at 10 AM on Sunday pursuant to the licensed premises ’ permit issued under GS 18B – 1001 Section 2 This ordinance is effective on the ___ day of _______________ , 201 Ms Slusser reported staff has received calls from various merchants within the County requesting the Board to consider the proposed ordinance Ms Slusser stated because Commissioners Larry Wood and Lee Jackson are absent from the meeting , staff recommends postponing any action until next month when all Commissioners are expected to be present PagePage pageNumber9396 July 9 , 2018 – 6 00 pm Continued Commissioner Allen L Mims , Jr requested the ordinance language be revised to state alcohol “ sales ” instead of “ service ” The Chairman called for anyone else in the audience that wished to speak to come forward Reverend Mark Creech , Executive Director for the Christian Action League , addressed the Board and read the following statement I’m Rev Mark Creech , Executive Director of the Christian Action League in Raleigh , and I’m also a resident of Johnston County The Christian Action League of North Carolina was the primary opponent to the Brunch Bill that passed last year A common misconception about me and the ministry of the League is that we are somehow trying to keep people from getting a drink But that is not our emphasis Our concerns are based around helping public officials not to forget that alcohol is not an ordinary commodity The nature of alcohol presents public health and safety risks , and it is critical that we have policies which work to encourage temperance and minimize alcohol - related harms The argument that most often drives the discussion of a Brunch Ordinance pertains to business interests Too often , however , public health and safety are largely overlooked This ordinance also impacts religious concerns , which get tangled up in misconceptions about the separation of church and state and individual freedom What I want you to know is that the science of various studies reported on by reputable groups such as the Journal for Preventive Medicine , the Center for Disease Control , and the National Alcoholic Beverage Control Association , have concluded that increasing hours of sale by two or more hours does increase alcohol - related harms Therefore , disallowing extension hours of alcohol sales by two hours or more should be expected to prevent alcohol - related problems , which include alcohol - related vehicle accidents , alcohol - related crash fatalities , alcohol - related crime , etc The price North Carolinians are paying for the Opioid Crisis pales in comparison to the cost our citizens are paying for alcohol abuse issues Still , while our state’s public officials hail policies to stem the opioid epidemic , they too often disregard the overwhelming evidence against a Brunch Bill policy that will undoubtedly exacerbate the larger problem of alcohol - related harms Second , Brunch Ordinances also negatively impact religious influence There are studies that also conclusively show that when and where blue laws are repealed religious attendance falls , and church donations and spending fall as well Some will argue that limiting sales of alcohol on Sunday violates church - state separation They contend that blue laws are a throwback to puritanism But in McGowan v Maryland , the Supreme Court ruled that blue laws are not unconstitutional because they have religious underpinnings Moreover , in Zorach v Clauson , the high court said that there is no violation of church and state when government cooperates with religion in ways to allow it to flourish When lawmakers and other governing bodies pass Brunch Bills , they are being sensitive to business’s interests at the expense of religion’s interests But I suggest to you that we are more than bread and wine We are also a religious people We are spirit , mind , and soul Even more important to the well - being of our states ’ citizens are those things that make for character We are not simply what we possess Liberty is dependent on good morals , which cannot be entirely separated from religious instruction and influence Therefore , the government does well when it isn’t calloused or indifferent to religion , but approves policies that accommodate and even encourage it Such a friendly relationship between government and religion is not a violation of church and state Brunch Ordinances create an unfriendly relationship between government and religion Culture can work to undergird religious influence or undermine it Policies like Brunch Ordinances that create increased secular competition for religion results in a decline in church participation Those who argue individual choice alone determines religious participation fail to understand the role culture positively or negatively plays in affecting the scope of religion’s impact To a significant degree , public policy sets the direction and parameters for culture Page0397 July 9 , 2018 – 6 00 pm Continued The proposed Brunch Ordinance states that its objective is to bring parity for businesses in unincorporated areas with that of those located in the municipalities As well - intended as this goal may be , it violates a fundamental principle for minimizing or reducing the risk of alcohol - related troubles Policies that work for health and safety keep alcohol outlet density down to avoid dangerous consumption rates Because alcohol is not like other commodities and is inherently problematic , it should be a little more difficult to access Early sales of alcohol on Sundays in unincorporated areas and municipalities compound alcohol outlet density , which increases hazardous consumption rates For these reasons , as director of the Christian Action League , and as a fellow Johnstonian , I urge you to reject a policy , which will , unquestionably , increase alcohol - related problems and over time diminish religious influence in our area There being no further comments , the Chairman closed the public hearing The Chairman stated the matter would be put on the August 6 , 2018 agenda for consideration 4 Planning Activity Report Interim Planning Director Matt Kirkland presented the following Planning Activity Report for the month of June 2018 Monthly Activity Report – June 2018 CPB REZONINGS Proposed for June 2018 Special Use Straight Zoning Totals Approved 2018 Cases 2 1 3 14 Total Acres 2552 419 2971 22164 SUBDIVISIONS Approved Approved 2018 2017 Proposed Re - submittals Major Subdivisions 19 19 4 2 Total Lots 630 614 312 118 Total Acres 69847 728 31278 13288 Open Space Acres 3996 13772 5637 6019 Fee - in - Lieu 212,800 124,400 24,000 - - - - Minors 79 98 Total Lots 134 149 Total Acres 30972 40316 Valid Lots 11,128 Adjustments 71 added , 345 removed never developed or recorded 5 Manager Reports and Comments A Request from Johnston County Schools – North Mial Street , Clayton Property Per the request of Johnston County Schools and pursuant to NCGS 115C - 518 , upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Chad M Stewart , and carried unanimously , the Board voted to decline the purchase of property located on North Mial Street in Clayton adjacent to Cooper Elementary School from the Johnston County Board of Education so Johnston County Schools can proceed with the sale of the property 6 Board Reports and Comments None Page1398 July 9 , 2018 – 6 00 pm Continued There being no further business , Commissioner Chad M Stewart moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 6 40 pm Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage