March 6, 2017 - 6:00 pm - County Board of Commissioners Meeting Minutes (Zoning)

10 582 Meeting of the Johnston County Board of Commissioners March 6 , 2017 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , March 6 , 2017 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 , Chad M Stewart , Keith Branch , and Larry Wood Absent None 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 Johnston County Schools – Request for Additional Capital Needs Johnston County Schools Superintendent Dr Ross Renfrow recalled that Johnston County agreed to front funding for a list of current capital needs in an amount up to 24 million at the February 6 , 2017 meeting with the understanding that the County would be reimbursed those funds once financing is obtained for an overall list of needs totaling 30 million Dr Renfrow stated Johnston County Schools is requesting the Board to front an additional 650,000 to help pay for an immediate need at Smithfield - Selma High School Dr Renfrow explained that the old fieldhouse at Smithfield - Selma High School was demolished and since that time there has only been mobile restrooms available for parents and community members to use this spring for baseball and softball and something more is needed Dr Renfrow asked if the additional 650,000 could be included under the umbrella of the 30 million in overall needs which will be financed in the near future He stated this action would allow Johnston County Schools to go ahead and get something more permanent in place for Smithfield - Selma High School Chairman Jeffrey P Carver confirmed that the Board had agreed to front 24 million at the February meeting and this 650,000 would be in addition to that 24 million , but under the umbrella of the 30 million overall financing Chairman Carver stated he hopes this additional project can be completed as soon as possible to show the parents at Smithfield - Selma High School the good faith in between the Johnston County Commissioners and the Johnston County Board of Education to get something done for them Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board voted to add up to 650,000 for the project at Smithfield - Selma High School to the previously allocated 24 million in funds to be fronted to Johnston County Schools for current needs and approve the appropriate budget revisions , with the understanding that the total amount of 3,050,000 would be reimbursed to Johnston County when the financing for the overall 30 million is obtained B Request from Citizens to Continue GoTriangle Bus Routes Evan Barnette of 64 Elam Court , Garner , Johnston County , addressed the Board representing the bus riders that currently use the GoTriangle JCX Route which was funded by the North Carolina Department of Transportation to help reduce the impact of the Fortify Project work zone Ms Barnette stated they have been notified that the JCX route which travels from the 40 42 area of Johnston County into downtown Raleigh , and the CLX route which travels from the Walmart on Hwy 70 in Clayton into downtown Raleigh will be coming to an end in June 2017 Ms Barnette stated the routes are being eliminated because the funded has ended Ms Barnette reported from her research , she thinks that the Department of Transportation has reached out to the Town of Clayton and Johnston County to help fund those routes , but has not gotten any responses Ms Barnette stated she along with her fellow bus riders do not want the routes to end and she also noted there is future work to be done on the Fortify Project scheduled to begin in 2018 and they are worried the congestion will continue to build She asked for the County to communicate with GoTriangle to see if there is a way to keep the routes in place Page583 March 6 , 2017 – 6 00 pm Continued At the inquiry of Chairman Jeffrey P Carver , four other people in the audience raised their hands in support of the request by Ms Barnette Ms Barnette stated there are several others that support the route but were unable to attend Ms Barnette stated before the routes were in place , she drove to work Ms Barnette stated riders can pay 25 for an annual GoPass ; however , some have said they would be willing to pay more if the routes could stay Chairman Carver stated the Board would take the request under advisement and asked the County Manager to look into the matter At the inquiry of Commissioner Ted G Godwin , Ms Barnette reported on her route which is the 7 00 am route , there are between 15 and 20 people She stated she has also ridden the 6 30 am route which had 5 to 10 people , but noted that she has not ridden the other routes so she cannot comment on those ridership numbers Ms Barnette stated she plans to attend the next meeting of GoTriangle and hopes to report back to the Board of Commissioners with more information 2 Town of Smithfield – Assistance with Reconstruction of Venture Drive Smithfield Town Manager Michael Scott explained that the Smithfield Town Council asked him to appear before the County Commissioners and discuss the reconstruction of Venture Drive in Smithfield Mr Scott spoke on the deteriorating condition of the road and noted its location on an aerial photograph for the Board in proximity to the Carolina Outlet Center as well as area hotels Mr Scott stated Venture Drive is a main corridor for business in Smithfield and a lot of sales tax revenue is generated from that area , which he believes is the driving force behind the Council’s direction for him to address the Commissioners Mr Scott reported the Town has received bids for the reconstruction project and the low bid is in the amount of 603,600 Mr Scott stated the Town of Smithfield is asking the County Commissioners to consider assisting the Town with the reconstruction cost Commissioner Allen L Mims , Jr , commented that he had seen somewhere the Town had budgeted 700,000 for the project Mr Scott responded the Town does have 700,000 budgeted for the project ; however , because the Smithfield Town Council feels that this is a thoroughfare and creates a considerable amount of revenue for both the County and the Town , that the County should assist in bearing the burden of the cost Commissioner Ted G Godwin asked about the timeframe of the project Mr Scott stated they hope to move forward immediately with a goal to have the project completed by the end of the fiscal year Chairman Jeffrey P Carver stated the Board would take the request under advisement and ask the County Manager to do more research 3 Tax Appeal – Bonnie Creech Godwin Ms Bonnie Creech Godwin , Post Office Box 815 , Selma , addressed the Board to appeal tax penalties Ms Godwin stated she purchased property located at 111 Garner Road in Selma in the Fall of 2012 and also the Fall of 2013 , but she clarified that the penalties under discussion are for the property purchased in 2012 Ms Godwin introduced Deborah Frederick who was the real estate agent for the property Ms Godwin explained that when she became ready to sell , Ms Frederick researched the property and did not feel the square footage was correct and suggested to her that it should be checked to make sure everything was accurate with the County and for the buyers Ms Godwin stated in her effort to be honest , she contacted the County’s Tax Department who came out and inspected the property Ms Godwin stated during this inspection , she opened all the doors on the property so everything could be checked Ms Godwin continued that after the reassessment , the value of the property increased substantially and she had to pay 7,14359 in taxes , interest and penalties because the Tax Department looked back five years in accordance with the law as she understands Ms Godwin expressed her frustration with the law that allows the Tax Department to go back five years stating it is not right and should be changed Ms Godwin requested the Board to approve a full refund of any interest and penalties because until the reassessment was done at her request , there was no bill to pay Ms Godwin asked who is responsible for setting the tax laws Page584 March 6 , 2017 – 6 00 pm Continued Chairman Jeffrey P Carver responded the tax laws are enacted by the State of North Carolina and the County has no control over General Statutes adopted by the General Assembly Ms Godwin reiterated the unfairness of the law and spoke on the condition of the property when she purchased it through an on - line auction stating it was in total disarray and no one else would buy it Ms Frederick also spoke on the condition of the property when it was purchased by Ms Godwin and agreed that no one could have lived there Ms Frederick confirmed that it was her advice for Ms Godwin to make sure the property was in good order for the potential buyers , since all the renovations had been done She stated as a result of trying to get the property in good order , the penalties went back five years which is unfair and should not have happened Ms Godwin stated she also needs to confer with Tax Administrator Sheila Garner on the value since the value reflects the penalties Ms Godwin stated the square footage in the upstairs was listed as “ finished ” ; however , she stated that square footage was not finished Ms Frederick agreed and stated some of the square footage that was counted should not have been and they feel the value was overestimated She stated the situation is unfortunate because Ms Godwin tried to do the right thing Ms Frederick stated if Ms Godwin had had the opportunity to protest the value upfront then she would have done that , but in order to sell the property to a family that was ready to move in , she had to pay all the back taxes , penalties , and interest so the property could close Ms Godwin stated if she had not paid the back taxes then she could not have sold the property at that time Ms Godwin added that if she had known early on then she could have had time to correct the situation Ms Godwin stated she had put everything she had in the property and could not afford to lose the buyer Tax Administrator Sheila Garner stated in the discovery process , the Tax Department discovered 1,608 square feet in the upper story of the house as well as the swimming pool and apron She explained the discovery was carried out pursuant to North Carolina General Statute § 105 - 312 with the discovery bill being issued and a notice of appeal filed on May 18 , 2016 Ms Garner reported the bills were actually paid on June 3 , 2016 and in between the time that the notice of appeal was filed and the taxes were paid , neither the Board of Equalization & Review or the Board of Commissioners could meet to hear the appeal Ms Garner explained that had the appeal been heard under North Carolina General Statute § 105 - 312 , it would have allowed for a compromise of the penalties or the bills She continued that once the bills are paid , the issue then falls under North Carolina General Statute § 105 - 381 in which the taxpayer must demonstrate that there was a a tax imposed through clerical error ; or b an illegal tax ; or c a tax levied for an illegal purpose Ms Garner stated because the refund request does not meet the reasons under the statute , the Board is limited as to whether a refund can be issued Ms Garner stated Ms Godwin is scheduled to go before the Property Tax Commission in April to appeal the decision by the Board of Equalization and Review and if the Property Tax Commission were to rule in her favor , then it would affect the amount of penalties paid Upon a question by Chairman Jeffrey P Carver , Ms Garner confirmed that the Board is limited as to what it can do because this was not a clerical error , it was not an illegal tax , and it was not a tax levied for an illegal purpose Chairman Carver commented that if the Board were to issue a refund in this case then it would be breaking the law At the inquiry of Commissioner Chad M Stewart , Ms Garner confirmed that Ms Godwin’s valuation appeal is being heard by the Property Tax Commission and if they were to decrease the value , then the Tax Office would go back and adjust the penalties based on that lower value Commissioner Ted G Godwin asked what could a taxpayer have done to avoid penalties that the taxpayer did not cause Ms Garner explained that the statute sets the penalties and in some cases there is absolutely nothing the taxpayer could have done She reported in this situation staff looked back and found the only permit ever issued on the property was the permit for the house ; therefore , at some point in time , things happened that were not reported Commissioner Allen L Mims , Jr asked why was the swimming pool not caught when the permit was issued for it Page585 March 6 , 2017 – 6 00 pm Continued Ms Garner stated there was no permit issued for the swimming pool At the inquiry of Chairman Carver and Commissioner Mims , Ms Garner stated when the Tax Office did the discovery , they used the 2011 Schedule of Values Ms Garner stated staff recommends denial of the refund , pursuant to North Carolina General Statute § 105 - 381 Commissioner Stewart asked if there would be implications if the Board were to make a decision other than denial of the request County Attorney Jennifer Slusser stated staff recommends denial of the refund pursuant to the statute and she reminded the Board that also under the statute , any tax that has been refunded in violation of law may be recovered from any members of the governing body who voted for the refund Commissioner Godwin stated he can understand the need for the statute when you have a situation whereby a person owns the property continuously , but he feels there needs to be a change to account for situations where the property changes hand so as not to pass that liability onto an innocent person Ms Godwin readdressed the Board and spoke on the unfairness of the law and stated she hopes the Commissioners will speak to the Legislators about needed changes Ms Godwin stated she also feels that the County holds some responsibility in that the Tax Department should have picked up the swimming pool since it had been on the property for many years and she was able to see it on an aerial photo Commissioner Ted G Godwin moved the Board deny the request for refund from Bonnie Creech Godwin , pursuant to North Carolina General Statute § 105 - 381 Commissioner Keith Branch seconded the motion which carried by unanimous vote 4 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – February 22 and March 1 , 2017 Certified letters were mailed to adjoining property owners on February 21 , 2017 Notices were posted at the locations on January 3 , 2017 for Cases 13 - 19 MOD and 17 - 01 The Chairman opened the Special Use Hearing for Case 13 - 19 MOD Case 13 - 19 MOD Petition to grant a Special Use Permit for a 316 acre tract located at the intersection of NC Hwy 96 N and NC Hwy 231 in O’Neals Township The current zoning is General Business - Special Use District , with no defined uses Tax ID 11L03046N Owner Phillip Joseph Lewis Applicant Glandon Forest Equity Special Use Permit To allow for a Commercial Retail Business Those wishing to speak on Special Use Case 13 - 19 MOD were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to grant a Special Use Permit for a 316 acre tract located at the intersection of NC Hwy 96 N and NC Hwy 231 in O’Neals Township to allow for a commercial retail business Mr Gray 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 13 - 19 MOD on November 30 , 2016 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 PagePage pageNumber5586 March 6 , 2017 – 6 00 pm Continued ? Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On January 17 , 2017 the Johnston County Planning Board held a public hearing regarding Special Use Permit Case 13 - 19 MOD and made the following recommendations Upon a motion by Mr Letchworth to approve Case 13 - 19 Special Use Modification , seconded by Mr Creech ; Case 13 - 19 th Modification was approved at the January 17 , 2017 Planning Board Meeting with a vote of 9 - 0 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 The proposed use of the development will be retail sales and as such will be operated to provide for the safety of the public that will be shopping at the store and for the employees that will be working at the store The public areas of the site have been designed to provide safe pedestrian and vehicular movements Road improvements are proposed for the development to provide safe access into and out of the site for vehicular traffic 2 That the use of the 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 site will be designed to meet applicable County , State , and Federal codes and regulations The layout of the development has been designed to meet the requirements of the Johnston County Development code and the access requirements of the North Carolina Department of Transportation Stormwater runoff from the development will be managed in accordance with Johnston County and North Carolina Department of Environment & Natural Resources requirements The sanitary sewer septic system to serve the retail facility will be designed in accordance with Johnston County Health Department requirements 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 The current zoning of the property to General Business – Special Use will be of benefit to the surrounding neighborhoods by providing commercial services that will be conveniently located in a centralized location The location of the project on NC Highway 231 , which is the primary thoroughfare for the area , will provide for ease of vehicular access to and from the property for the general public The proposed retail facility will provide every - day grocery and general use merchandise for a portion of the County that is underserved with shopping options This location will reduce trips and the impact on the local road network as users will not need to drive as far for these items The site will be designed to provide an attractive facility that will complement the local residential and commercial uses Landscaping will be included in the construction facility to enhance the appeal of the property and buffers will be provided to provide a visual barrier between the proposed retail store and adjacent uses 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 site will be designed to meet applicable Johnston County Land Development codes and ordinances The project is located in the vicinity of the NC Highway 231 and NC Highway 96 intersection , which is a retail node for this area of the County , and will provide a conveniently located shopping option for local residents Specific Land Uses APPLICANT To allow for commercial retail business Special Use Conditions 1 Permitted Uses Commercial Retail business 2 The Special Use Permit may be revoked 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 buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Must comply with all traffic improvements as required by NCDOT 6 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties with non - security lighting turned off after hours 7 Installation of a Class B Buffer along zoning lines 2 large trees , 3 small trees , and 9 shrubs per 100 linear feet A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally or more intense 8 Hours of Operation Monday through Sunday , 7 00am to 10 00pm 9 Signage must comply with sign code Sec 14 - 509 with lighting turned off after hours Mr Gray stated the property was zoned General Business – Special Use District in 2014 with no special use permit and a two year extension was granted in 2016 He stated the applicant has now identified a use for the property as commercial retail business Mr Gray stated the area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which low to moderate levels of growth pressures are anticipated over the next 20 years Mr Gray listed and reviewed the special use conditions with the Board George Venters , 3825 Barrett Drive , Raleigh , representing Applicant Glandon Forest Equity , offered to answer any questions for the Board Mr Venters confirmed that they agree with the special use conditions as proposed PagePage pageNumber6587 March 6 , 2017 – 6 00 pm Continued There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray 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 13 - 19 MOD Decision on Special Use Case 13 - 19 MOD Case 13 - 19 MOD Petition to grant a Special Use Permit for a 316 acre tract located at the intersection of NC Hwy 96 N and NC Hwy 231 in O’Neals Township The current zoning is General Business - Special Use District , with no defined uses Tax ID 11L03046N Owner Phillip Joseph Lewis Applicant Glandon Forest Equity Special Use Permit To allow for a Commercial Retail Business 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 13 - 19 MOD to allow for a commercial retail business on a 316 acre tract located at the intersection of NC Hwy 96 N and NC Hwy 231 in O’Neals 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 The proposed use of the development will be retail sales and as such will be operated to provide for the safety of the public that will be shopping at the store and for the employees that will be working at the store The public areas of the site have been designed to provide safe pedestrian and vehicular movements Road improvements are proposed for the development to provide safe access into and out of the site for vehicular traffic 2 That the use of the 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 site will be designed to meet applicable County , State , and Federal codes and regulations The layout of the development has been designed to meet the requirements of the Johnston County Development code and the access requirements of the North Carolina Department of Transportation Stormwater runoff from the development will be managed in accordance with Johnston County and North Carolina Department of Environment & Natural Resources requirements The sanitary sewer septic system to serve the retail facility will be designed in accordance with Johnston County Health Department requirements 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 The current zoning of the property to General Business – Special Use will be of benefit to the surrounding neighborhoods by providing commercial services that will be conveniently located in a centralized location The location of the project on NC Highway 231 , which is the primary thoroughfare for the area , will provide for ease of vehicular access to and from the property for the general public The proposed retail facility will provide every - day grocery and general use merchandise for a portion of the County that is underserved with shopping options This location will reduce trips and the impact on the local road network as users will not need to drive as far for these items The site will be designed to provide an attractive facility that will complement the local residential and commercial uses Landscaping will be included in the construction facility to enhance the appeal of the property and buffers will be provided to provide a visual barrier between the proposed retail store and adjacent uses 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 site will be designed to meet applicable Johnston County Land Development codes and ordinances The project is located in the vicinity of the NC Highway 231 and NC Highway 96 intersection , which is a retail node for this area of the County , and will provide a conveniently located shopping option for local residents Specific Land Uses APPLICANT To allow for commercial retail business Special Use Conditions 1 Permitted Uses Commercial Retail business 2 The Special Use Permit may be revoked 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 buildings and or structures must comply with rules enforced by Federal , State and Local agencies PagePage pageNumber7588 March 6 , 2017 – 6 00 pm Continued 5 Must comply with all traffic improvements as required by NCDOT 6 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties with non - security lighting turned off after hours 7 Installation of a Class B Buffer along zoning lines 2 large trees , 3 small trees , and 9 shrubs per 100 linear feet A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally or more intense 8 Hours of Operation Monday through Sunday , 7 00am to 10 00pm 9 Signage must comply with sign code Sec 14 - 509 with lighting turned off after hours The Chairman opened the Rezoning Hearing for Case 17 - 01 Case 17 - 01 Petition to rezone 05 acres out of an 1826 - acre tract located at 186 Strickland Hinton Rd SR 1729 in O’Neals Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 11L03035B Owner Jermaine McKoy Applicant Jermaine McKoy Planning Director Berry Gray stated the petition is to rezone 05 acres out of an 1826 acre tract located at 186 Strickland Hinton Road in O’Neals Township from Agricultural Residential to General Business – Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for an office , storage , and maintenance for five commercial vehicles He stated the site is currently vacant The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential 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 Gray noted the location of the subject site on the aerial photograph for the Board stating the property to the right is also owned by the applicant Applicant Jermaine McKoy , 109 May Drive , Smithfield , offered to answer any questions Mr McKoy stated he is in the dump truck business and currently has three trucks He stated the trucks would be stored on site along with an office and only minor maintenance would be done to the trucks Mr McKoy also stated he eventually plans to live on the property and confirmed he does own the contiguous acreage At the inquiry of Commissioner Allen L Mims , Jr , Mr Gray reported staff’s recommendation for denial was based on the fact that there are no other commercial businesses nearby and the area is not designated as a commercial area in the County’s Comprehensive Land Use Plan There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray 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 17 - 01 Decision on Rezoning Case 17 - 01 Case 17 - 01 Petition to rezone 05 acres out of an 1826 - acre tract located at 186 Strickland Hinton Road SR 1729 in O’Neals Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 11L03035B Owner Jermaine McKoy Applicant Jermaine McKoy Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution for Case 17 - 01 Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 17 - 01 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED 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 as to whether the amendment is consistent 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 11L03035B located at 186 Strickland Hinton Road as shown on the attached Exhibit A , from Agricultural Residential AR to General Business Special Use District GB - SUD for office , storage and maintenance of five commercial vehicles PagePage pageNumber8589 March 6 , 2017 – 6 00 pm Continued 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 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 is consistent with Goal 2C Mitigate incompatible uses ; Goal 3A Promote business expansion and developments ; and Goal 5A Protect existing neighborhoods with buffers 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public th Adopted this the 6 day of March , 2017 Commissioner Chad M Stewart moved the Board approve Rezoning Case 17 - 01 to rezone 05 acres out of an 1826 - acre tract located at 186 Strickland Hinton Road in O’Neals Township from Agricultural Residential to General Business – Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 17 - 01 Case 17 - 01 To allow for an office , storage , and maintenance for five commercial vehicles Owner Jermaine McKoy Applicant Jermaine McKoy Those wishing to speak on Special Use Case 17 - 01 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to allow for an office , storage , and maintenance for five commercial vehicles Mr Gray 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 17 - 01 on November 30 , 2016 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 property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On January 17 , 2017 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 17 - 01 and made the following recommendations Upon a motion by Mr Creech to approve Rezoning Case 17 - 01 , seconded by Mr Caldwell , Rezoning Case 17 - 01 was th approved at the January 17 , 2017 Planning Board Meeting with a unanimous vote of 8 - 0 Upon a motion by Mr Letchworth to approve the Special Use Conditions for Case 17 - 01 with the change in Condition # 6 , days of the week to add Sunday , seconded by Ms Hackler , Special Use Conditions for Case 17 - 01 were approved at the th January 17 , 2017 Planning Board Meeting with a unanimous vote of 8 - 0 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 Desire to rezone area on property to construct a utility building measuring sixty 60 feet by forty 40 feet to accommodate a maximum of five work trucks Included but not limited to lawn mowers The use ofPagePage pageNumber9590 March 6 , 2017 – 6 00 pm Continued the utility building will not be detrimental to public health , safety , and general welfare The building is not intended for human habitation 2 That the use of the 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 Will comply with all required use and intensity regulations of the land development code , other ordinances and resolutions , and state and federal 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 ; Applicant The utility building will be located on the back of the property , screened by privacy trees and existing pine trees The location of the utility building allows for access in case of emergency The location will minimize economic , glare , odor , and other impacts on adjoining properties and properties in the general neighborhood 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 Will conform with general plans for the physical development of the County’s planning jurisdiction as embodied in the land development code , the County’s strategic plan , or other development policies adopted by the Board of Commissioners Specific Land Uses APPLICANT To allow for office space , storage , and light service of up to five dump trucks Special Use Conditions 1 Permitted Uses Office space , storage , and light service of up to five commercial trucks 2 The Special Use Permit may be revoked 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 buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install a Class B landscape buffer 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense 6 Hours of operation to be 5 00 AM to 9 00 PM Monday thru Saturday Sunday 7 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 8 All outdoor storage must be enclosed by a 6 ’ tall opaque fence 9 All outdoor lighting shall be dark sky and engineered so as not to shine on adjacent properties Mr Gray listed and reviewed the special use conditions with the Board Applicant Jermaine McKoy , 109 May Drive , Smithfield , asked about the landscaping buffer and if it would be required along all the zoning lines Mr McKoy also asked about the opaque fence requirement Mr Gray noted there is existing vegetation that could be used in lieu of planting a new landscaping buffer on some of the zoning lines He stated the new landscaping buffer would only be necessary where there is no existing vegetation Mr Gray stated the opaque fence would only be required if there is going to be outdoor storage Commissioner Allen L Mims , Jr asked if the trucks would be considered outdoor storage Mr Gray stated the trucks would be considered outdoor storage if they are parked outside the building Mr Gray stated the Board could modify the conditions so that if the vegetation is thick enough to serve the purpose of screening the trucks then a fence would not be needed Commissioner Chad M Stewart stated as he understands , the applicant plans to plant trees down the property line to the road which would screen the use Chairman Jeffrey P Carver noted the subject site is located off the road near the back of the property and is 05 acres within an 1826 acre tract Mr Gray explained the intent of the buffer and the fence requirements are to protect the neighboring property owners Mr Gray noted in this case , there is existing natural vegetation and the applicant has indicated he plans to install trees along the property line to the road ; therefore , staff would work with him on the requirements There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray 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 Page0591 March 6 , 2017 – 6 00 pm Continued Commissioner Ted G Godwin asked how condition # 8 should be modified Chairman Carver stated the condition could be deleted since the property is off the road and already has existing natural vegetation on three sides Chairman Carver noted that ordinarily he would want to leave the condition in , but in this case , the applicant’s trucks would be taller than the fence Commissioner Mims stated he likes to be consistent with what is typically required and although he feels the applicant needs a fence to protect his property , he is not sure that it necessarily needs to be an opaque fence Upon a question by Commissioner Mims , Mr McKoy stated he is working towards living on the property Mr McKoy stated he eventually planned to install a fence to protect the property , but he did not want it to be a privacy fence Commissioner Godwin suggested deleting the word “ opaque ” from condition # 8 There being no further comments , the Chairman closed the Special Use Hearing for Case 17 - 01 Decision on Special Use Case 17 - 01 Case 17 - 01 To allow for an office , storage , and maintenance for five commercial vehicles Owner Jermaine McKoy Applicant Jermaine McKoy Based on the findings of facts and revised special use conditions removing “ opaque ” from condition # 8 , as listed below , Commissioner Ted G Godwin moved the Board authorize the Planning Department to issue a special use permit for Case 17 - 01 to allow for an office , storage , and maintenance for five commercial vehicles on 05 acres out of an 1826 - acre tract located at 186 Strickland Hinton Road in O’Neals Township Commissioner Larry Wood 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 Desire to rezone area on property to construct a utility building measuring sixty 60 feet by forty 40 feet to accommodate a maximum of five work trucks Included but not limited to lawn mowers The use of the utility building will not be detrimental to public health , safety , and general welfare The building is not intended for human habitation 2 That the use of the 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 Will comply with all required use and intensity regulations of the land development code , other ordinances and resolutions , and state and federal 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 ; Applicant The utility building will be located on the back of the property , screened by privacy trees and existing pine trees The location of the utility building allows for access in case of emergency The location will minimize economic , glare , odor , and other impacts on adjoining properties and properties in the general neighborhood 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 Will conform with general plans for the physical development of the County’s planning jurisdiction as embodied in the land development code , the County’s strategic plan , or other development policies adopted by the Board of Commissioners Specific Land Uses APPLICANT To allow for office space , storage , and light service of up to five dump trucks Special Use Conditions 1 Permitted Uses Office space , storage , and light service of up to five commercial trucks 2 The Special Use Permit may be revoked 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 buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install a Class B landscape buffer 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense 6 Hours of operation to be 5 00 AM to 9 00 PM Monday thru Sunday 7 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 8 All outdoor storage must be enclosed by a 6 ’ tall fence 9 All outdoor lighting shall be dark sky and engineered so as not to shine on adjacent properties Page1592 March 6 , 2017 – 6 00 pm Continued 5 Planning Activity Report Planning Director Berry Gray presented and reviewed the following Planning Activity Report for the month of February 2017 Monthly Activity Report – February 2017 CPB REZONINGS Proposed for February 2017 Special Use Straight Zoning Totals Approved 2017 Cases 2 0 2 2 Total Acres 1754 0 1754 366 SUBDIVISIONS Approved Approved 2017 2016 Proposed Re - submittals Major Subdivisions 3 5 2 - - - - Total Lots 35 173 38 - - - - Total Acres 5207 113521 3808 - - - - Open Space Acres - - - - - - - - - - - - - - - - Fee - in - Lieu 14,000 69,200 15,200 - - - - Minors 19 7 Total Lots 31 9 Total Acres 745 17706 Valid Lots 11,214 Adjustments 35 added , 50 removed never developed or recorded 6 Manager Reports and Comments A Town of Wilson’s Mills – Appointments to Wilson’s Mills Board of Adjustment Per the request of the Town of Wilson’s Mills , upon a motion by Commissioner Keith Branch , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board appointed the following people to the Wilson’s Mills Board of Adjustment representing the ETJ area of the Town Diane Edwards term expiring 12 31 2017 Timothy Southerland term expiring 12 31 2018 Marvin Dodd term expiring 12 31 2019 Benji Parrish as an alternate member 12 31 2019 B KG Plaza Easement – Cleveland Consolidated Wastewater Project County Attorney Jennifer Slusser reported that an easement has been acquired from a local property owner easement reference KG Plaza for the Cleveland Consolidated Wastewater Project and the property owner has asked that the compensation in the amount of 5,464 for the easement be directed to the Harbor Shelter in Johnston County Ms Slusser reported the property owner wanted the assurance that the proceeds for the easement directed to Harbor would not supplant any contributions by the County to the shelter Ms Slusser stated if the request is approved by the Board of Commissioners , staff will prepare the proper documentation and budget revisions for approval at a future meeting Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board approved for the easement compensation from the KG Plaza easement , in the amount of 5,464 to be directed to the Harbor Shelter , per the property owner’s request , and for staff to prepare the necessary paperwork budget revisions 7 Board Reports and Comments Commissioner Ted G Godwin reported that he along with Commissioner Keith Branch have been meeting with staff on the possibility of putting the County audit out for bid Commissioner Godwin stated staffPage2593 March 6 , 2017 – 6 00 pm Continued will be working to formulate a request for proposals to put the audit out for bid , and if the same audit firm is chosen , he and Commissioner Branch recommend using a different audit manager within the firm There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Chad M Stewart seconded the motion , which carried by unanimous vote The meeting adjourned at 7 00 pm Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage