August 7, 2017 - 6:00 pm - County Board of Commissioners Meeting Minutes (Zoning)

10 812 Meeting of the Johnston County Board of Commissioners August 7 , 2017 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , August 7 , 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 , Chad M Stewart , and Larry Wood Absent Commissioners Allen L Mims , Jr and Keith Branch 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 Citizens ’ Concerns – Proposed Reese Ridge Subdivision The following citizens addressed the Board and expressed their concerns with the proposed Reese Ridge Subdivision near Middle Creek and NC Hwy 50 , McGee’s Crossroads , that was approved by the Johnston County Planning Board at their meeting in July 2017 Pam McLamb Edwards , 229 Tamworth Drive , Willow Spring , submitted a petition in opposition to the Reese Ridge Subdivision and read the following statement from the petition Page813 August 7 , 2017 – 6 00 pm Continued Ms Edwards also stated another major concern is the traffic congestion and she asked what the residents could do to help preserve the area Lola and Matthew Delbridge , 400 Forest Hill Drive , Goldsboro area property owners , agreed with all that was said by Ms Edwards stating their family has owned land in the community for hundreds of years and they are very upset over the approval of Reese Ridge Subdivision Mr & Mrs Delbridge provided the Board with a history of their property and expressed concerns over how approvals are given to subdivisions from the Planning Board Mrs Delbridge spoke on the traffic congestion in the area and asked for growth to be planned in such a way as to protect the quality of life for the citizens Mr Delbridge stated they have spent years trying to preserve their property and he requested the Board to help them with that preservation Amanda Peck - Frevele , 213 Tamworth Drive , Willow Spring , expressed concerns to the Board regarding the possible impacts to wildlife in the area if the Reese Ridge Subdivision is developed Ms Frevele stated her property backs up to the proposed development and she will be directly impacted Ms Frevele stated when she moved to Drayton Downs Subdivision , she was told by her realtor that the area proposed for the Reese Ridge Subdivision was a wildlife preserve and would never be built upon Ms Frevele described the wildlife in the area stating she is concerned over where the animals will go if they are displaced by the development Shelby Rogers , 235 Tamworth Drive , Willow Spring , reiterated the concerns of the previous speakers and agreed with Ms Frevele that there is a lot of very unique wildlife in the area Ms Rogers also reiterated that traffic congestion is a problem in the area to the point where they have to tailor their lives around traffic She spoke on school capacities and how the schools in the area are having to use mobile units to keep up with growth Arnie Schon , 117 Shenstone Lane , Willow Spring , asked who is responsible for setting the criteria for growth in Johnston County Mr Schon expressed concerns that the housing planned for Reese Ridge Subdivision consists of smaller homes and is not comparable to his subdivision Drayton Downs and he is afraid the new development will devalue his property Chairman Jeffrey P Carver thanked everyone for their comments and spoke on the difficulties of balancing growth Chairman Carver stated the Planning Board follows the policies and procedures that were set into place when zoning was adopted around 1989 Chairman Carver noted many issues have been raised this evening as it relates to concerns with wildlife , traffic , and school capacities and he spoke on the difficulties of managing all those issues Mr Schon stated he is a taxpaying citizen and he is concerned that the type of homes proposed for Reese Ridge Subdivision will devalue the properties in Drayton Downs because they are smaller , starter - type homes and he feels a directly adjoining subdivision should be similar to what is already there Chairman Carver commented that not everyone can afford a larger home and there has to be a broad range of housing from starter homes to mid - priced to larger homes Commissioner Chad M Stewart thanked everyone for their comments , stating he admires Mr & Mrs Delbridge for the good planning on their part to set their land as a permanent preserve so when it is passed down to other generations it would not become a subdivision ; however , he stated other property owners are not able to do that and in many cases have had to sell Chairman Carver also spoke on properties through the Triangle Land Conservancy that have been purchased and put in reserve Chairman Carver stated he values open space ; however , the Board cannot take property rights away from individual property owners to a degree Chairman Carver stated he appreciates the concerns that have been brought to the Board , noting the Board cannot make changes unless they know what the issues and concerns are Page814 August 7 , 2017 – 6 00 pm Continued 2 Public Hearing Proposed Road Name Change Advertised – The Smithfield Herald and The Princeton News Leader – July 26 , 2017 Notices were mailed to affected property owners on July 17 , 2017 Notices were posted at the Princeton Town Hall and the Princeton Post Office on July 17 , 2017 The Chairman opened the public hearing for the purposes of receiving public comment on the proposed road name change of Pondfield Road in the Princeton area of Johnston County Planner Matt Kirkland reported through the North Carolina Department of Transportation’s safety project along US Hwy 70 , Princeton , Pondfield Road became separated creating a new segment of road He stated a different road name is needed for the new segment for safety and emergency response Mr Kirkland stated the Princeton Fire Department made the issue known to the Planning staff and requests the name change Mr Kirkland stated the new segment of Pondfield Road , south of US Hwy 70 , is proposed to be changed to Shoreline Drive Mr Kirkland offered to answer any questions There being no further comments , the Chairman closed the public hearing Commissioner Cookie Pope moved the Board approve the new segment of Pondfield Road to be changed to Shoreline Drive Commissioner Chad M Stewart seconded the motion which carried by unanimous vote 3 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – July 26 and August 2 , 2017 Certified letters were mailed to adjoining property owners on July 24 , 2017 Notices were posted at the locations on June 5 , 2017 for Cases 17 - 12 and 17 - 13 The Chairman opened the Rezoning Hearing for Case 17 - 12 Case 17 - 12 A petition to rezone 48 acres located on Raleigh Rd SR 1330 approximately 750 ft north of its intersection with US Hwy 301 S in Banner Township from Agricultural Residential AR to Industrial - 2 Special Use District I2 - SUD Tax ID 01G10025G and 01G10025A Owner Evert and Cheryle Hord , Thomas and Joan Lecuyer Applicant FSC II , LLC Planner Matt Kirkland stated the petition is to rezone 48 acres located on Raleigh Road approximately 750 ft north of its intersection with US Hwy 301 S in Banner Township from Agricultural Residential to Industrial - 2 Special Use District Mr Kirkland noted the special use request associated with the rezoning is to allow for an office space , supply equipment storage , and repair He stated the site is currently used for agricultural and residential purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes ; Community Business – Special Use District for an auction facility ; Industrial 2 – Special Use District for an asphalt plant ; and Industrial 2 for a mining facility The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Attorney Lew Starling , representing the Applicant , offered to answer any questions and introduced Brent Wood with FSC II , LLC Brent Wood of FSC II , LLC , stated they do not intend to put an asphalt plant on the subject site and it would mostly be used as a buffer from the neighboring properties 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 17 - 12 Decision on Rezoning Case 17 - 12 Case 17 - 12 A petition to rezone 48 acres located on Raleigh Rd SR 1330 approximately 750 ft north of its intersection with US Hwy 301 S in Banner Township from Agricultural Residential AR toPage815 August 7 , 2017 – 6 00 pm Continued Industrial - 2 Special Use District I2 - SUD Tax ID 01G10025G and 01G10025A Owner Evert and Cheryle Hord , Thomas and Joan Lecuyer Applicant FSC II , LLC Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution for Case 17 - 12 Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 17 - 12 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 01G10025G and 01G10025A located on US Hwy 301 S as shown on the attached Exhibit A , from Agricultural Residential AR to Industrial 2 Special Use District I2 - SUD for office space , supply equipment storage , and repair 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 aligns with “ Goal 1 Grow in a fiscally efficient , compact manner ” and “ Goal 3A Business Expansion and Development ” found in the Comprehensive Land Use 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The proposed zoning is compatible with surrounding land uses and zoning districts In addition , conditions such as limited hours of operation and vegetative buffering will ensure that the request is compatible with the surrounding area and will not negatively affect the public th Adopted this the 7 day of August , 2017 Commissioner Ted G Godwin moved the Board approve Rezoning Case 17 - 12 to rezone 48 acres located on Raleigh Road approximately 750 ft north of its intersection with US Hwy 301 S in Banner Township from Agricultural Residential to Industrial - 2 Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 17 - 12 Case 17 - 12 To allow for an office space , supply equipment storage , and repair Owner Evert and Cheryle Hord , Thomas and Joan Lecuyer Applicant FSC II , LLC Those wishing to speak on Special Use Case 17 - 12 were sworn in by the Clerk to the Board Planner Matt Kirkland introduced the special use case and stated the petition is to allow for an office space , supply equipment storage , and repair 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 17 - 12 on April 28 , 2017 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 PagePage pageNumber5816 August 7 , 2017 – 6 00 pm Continued ? 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 June 20 , 2017 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 17 - 12 and made the following recommendations Upon a motion by Mr Smith to approve the rezoning request , seconded by Ms Hackler , Rezoning Case 17 - 12 was approved at the June 20th , 2017 Planning Board Meeting Upon a motion by Mr Creech to approve the Special Use Conditions for Case 17 - 12 , seconded by Mr Summerlin , the Special Use Conditions for Case 17 - 12 were approved by a unanimous vote of 9 - 0 at the June 20th , 2017 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 The proposed use is located adjacent to the proposed hot mix asphalt manufacturing facility and will be used in a support capacity for equipment storage and parking This promotes public health , safety , and general welfare by reducing the costs and impact of heavy transportation on public roads , the environment , and public safety 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 proposed development is located to minimize emissions of dust , fumes , noise , vibrations , etc See Johnston County Development Ordinance 14 - 83 — 90 Proposed development complies with all known state and federal regulations See also 15 NCAC 02D 0506 ; CFR 11 et seq 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 use is located adjacent to the proposed hot mix asphalt manufacturing facility The proposed use will promote efficiency of the plant and is designed to minimize noise , emissions , vibrations , and the like 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 Proposed development will promote growth in a fiscally efficient , compact manner By locating next to the proposed asphalt manufacturing facility , the use maximizes the conservation of existing infrastructure See Johnston County 2030 Comprehensive Plan Allowing the use will promote the development and expansion of new and existing businesses Specific Land Uses APPLICANT To allow for office space , supply equipment storage , and repair Special Use Conditions 1 Permitted Uses Office space , supply equipment storage , and repair 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 C 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet landscape buffer shall be installed 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 Mr Kirkland reviewed the special use conditions with the Board Brent Wood of FSC II , LLC , offered to answer any questions and confirmed they agree with 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 17 - 12 Decision on Special Use Case 17 - 12 Case 17 - 12 To allow for an office space , supply equipment storage , and repair Owner Evert and Cheryle Hord , Thomas and Joan Lecuyer Applicant FSC II , LLC PagePage pageNumber6817 August 7 , 2017 – 6 00 pm Continued 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 17 - 12 to allow for an office space , supply equipment , and repair on 48 acres located on Raleigh Road approximately 750 ft north of its intersection with US Hwy 301 S in Banner 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 as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed use is located adjacent to the proposed hot mix asphalt manufacturing facility and will be used in a support capacity for equipment storage and parking This promotes public health , safety , and general welfare by reducing the costs and impact of heavy transportation on public roads , the environment , and public safety 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 proposed development is located to minimize emissions of dust , fumes , noise , vibrations , etc See Johnston County Development Ordinance 14 - 83 — 90 Proposed development complies with all known state and federal regulations See also 15 NCAC 02D 0506 ; CFR 11 et seq 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 use is located adjacent to the proposed hot mix asphalt manufacturing facility The proposed use will promote efficiency of the plant and is designed to minimize noise , emissions , vibrations , and the like 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 Proposed development will promote growth in a fiscally efficient , compact manner By locating next to the proposed asphalt manufacturing facility , the use maximizes the conservation of existing infrastructure See Johnston County 2030 Comprehensive Plan Allowing the use will promote the development and expansion of new and existing businesses Specific Land Uses APPLICANT To allow for office space , supply equipment storage , and repair Special Use Conditions 1 Permitted Uses Office space , supply equipment storage , and repair 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 C 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet landscape buffer shall be installed 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 The Chairman reopened the Rezoning Hearing for Case 17 - 13 Case 17 - 13 A petition to rezone a 38 - acre tract located at 13096 NC Hwy 96 in O’Neals Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 11L03029C Owner Ned Coleman Applicant Ned Coleman Planner Matt Kirkland stated the petition is to rezone a 38 acre tract located at 13096 NC Hwy 96 in O’Neals Township from Agricultural Residential to General Business - Special Use District Mr Kirkland noted the special use request associated with the rezoning is to allow for a self - storage facility including outdoor storage He stated the site is currently used for residential purposes 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 an area in which low to moderate levels of growth pressures are anticipated over the next 20 years Applicant Ned Coleman addressed the Board and stated they wish to construct a mini - storage facility with additional storage for boats and other similar outdoor items Mr Coleman outlined his plans for the property with the Board Commissioner Ted G Godwin asked Mr Coleman why the use is needed in the subject area Mr Coleman responded that he sees the area as being on the edge of future growth that will need this type of storage There being no further public comments , the Chairman closed the public comment portion of the hearing PagePage pageNumber7818 August 7 , 2017 – 6 00 pm Continued 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 17 - 13 Decision on Rezoning Case 17 - 13 Case 17 - 13 A petition to rezone a 38 - acre tract located at 13096 NC Hwy 96 in O’Neals Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 11L03029C Owner Ned Coleman Applicant Ned Coleman Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution for Case 17 - 13 Commissioner Ted G Godwin seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 17 - 13 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 11L03029C located at 13096 NC Hwy 96 as shown on the attached Exhibit A , from Agricultural Residential AR to General Business Special Use District SB - SUD for Self - storage facility including outdoor storage 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 aligns with “ Goal 3A Business Expansion and Development ” found in the Comprehensive Land Use 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The conditions such as vegetative buffering will ensure that the request is compatible with the surrounding area and will not negatively affect the public th Adopted this the 7 day of August , 2017 Commissioner Chad M Stewart moved the Board approve Rezoning Case 17 - 13 to rezone a 38 - acre tract located at 13096 NC Hwy 96 in O’Neals Township from Agricultural Residential to General Business - Special Use District Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 17 - 13 Case 17 - 13 To allow for a self - storage facility including outdoor storage Owner Ned Coleman Applicant Ned Coleman Those wishing to speak on Special Use Case 17 - 13 were sworn in by the Clerk to the Board Planner Matt Kirkland introduced the special use case and stated the petition is to allow for a self - storage facility including outdoor storage 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 17 - 13 on April 26 , 2017 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 PagePage pageNumber8819 August 7 , 2017 – 6 00 pm Continued ? 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 June 20 , 2017 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 17 - 13 and made the following recommendations Upon a motion by Mr Summerlin to approve Rezoning Case 17 - 13 , seconded by Mr Creech , Rezoning Case 17 - 13 was approved at the June 20th , 2017 Planning Board Meeting with a unanimous vote of 9 - 0 Upon a motion by Mr Summerlin to approve the Special Use Conditions for Case 17 - 13 , seconded by Mr Caldwell , the Special Use Conditions for Case 17 - 13 were approved at the June 20th , 2017 Planning Board Meeting with a unanimous 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 as to maintain or promote the public health , safety , and general welfare ; Applicant Construct and operate a mini self - storage facility with security fence and lighting Individual storage units rented to general public for personal storage of items Open 24 hours and 7 days a week with key access for customers 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 Would be constructed in compliance with County Zoning , Inspections , Environmental Health , and operation rules that apply Also , security and buffers as well as a generally attractive facility will be operated and maintained 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 facility would provide a need for personal storage open to the general public for items that meet all local laws and ordinances , as well as an area to store vehicles or other items such as motor homes , boats , campers , etc 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 Other facility of like kind are close to this site maybe 10 mile radius Any close or outside of that radius seem to be at 95 - 100 capacity Specific Land Uses APPLICANT Self - storage facility including outdoor storage Special Use Conditions 1 Permitted Uses Self - storage facility including outdoor storage 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 5 Storage yard shall be fenced , required buffering shall be on the outside of the fencing 6 Outdoor storage shall be contained within an 8 ’ opaque fence 7 All signage shall comply with the sign code limited to one 60sf ground or monument sign only 8 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties Mr Kirkland reviewed the special use conditions with the Board At the inquiry of Commissioner Cookie Pope , Mr Kirkland stated where there is equal or more intense natural vegetation , no additional landscaping buffer would be required Applicant Ned Coleman offered to answer any questions and confirmed that he agrees with the special use conditions as proposed There being no further public comments , the Chairman closed the public comment portion of the hearing PagePage pageNumber9820 August 7 , 2017 – 6 00 pm Continued 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 17 - 13 Decision on Special Use Case 17 - 13 Case 17 - 13 To allow for a self - storage facility including outdoor storage Owner Ned Coleman Applicant Ned Coleman 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 17 - 13 to allow for a self - storage facility including outdoor storage on a 38 - acre tract located at 13096 NC Hwy 96 in O’Neals 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 Construct and operate a mini self - storage facility with security fence and lighting Individual storage units rented to general public for personal storage of items Open 24 hours and 7 days a week with key access for customers 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 Would be constructed in compliance with County Zoning , Inspections , Environmental Health , and operation rules that apply Also , security and buffers as well as a generally attractive facility will be operated and maintained 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 facility would provide a need for personal storage open to the general public for items that meet all local laws and ordinances , as well as an area to store vehicles or other items such as motor homes , boats , campers , etc 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 Other facility of like kind are close to this site maybe 10 mile radius Any close or outside of that radius seem to be at 95 - 100 capacity Specific Land Uses APPLICANT Self - storage facility including outdoor storage Special Use Conditions 1 Permitted Uses Self - storage facility including outdoor storage 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 5 Storage yard shall be fenced , required buffering shall be on the outside of the fencing 6 Outdoor storage shall be contained within an 8 ’ opaque fence 7 All signage shall comply with the sign code limited to one 60sf ground or monument sign only 8 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 4 Planning Activity Report Planner Matt Kirkland presented and reviewed the following Planning Activity Report for the month of July 2017 Monthly Activity Report – July 2017 CPB REZONINGS Proposed for July 2017 Special Use Straight Zoning Totals Approved 2017 Cases 0 2 2 12 Total Acres 0 4618 4618 17641Page0821 August 7 , 2017 – 6 00 pm Continued SUBDIVISIONS Approved Approved 2017 2016 Proposed Re - submittals Major Subdivisions 21 22 5 1 Total Lots 627 1,287 157 13 Total Acres 7541 1,03091 14643 6485 Open Space Acres 13772 10297 887 - - - - Fee - in - Lieu 129,600 278,400 42,000 5,200 Minors 116 82 Total Lots 178 132 Total Acres 47859 39154 Valid Lots 11,163 Adjustments 256 added , 332 removed never developed or recorded 5 Manager Reports and Comments A Special Meeting Public Hearing – Proposed Public Safety Center The Board discussed dates times for a public hearing to receive public input on a proposed public safety center in Johnston County The special meeting public hearing was tentatively scheduled for Wednesday , September 6 , 2017 at 6 00 pm in the Commissioners Meeting Room in the Johnston County Courthouse , Smithfield B Sunday Brunch Bill County Attorney Jennifer Slusser informed the Board that in the 2017 legislative session , the General Assembly passed a bill known as the “ Brunch Bill ” which authorizes cities and counties to adopt ordinances allowing for the sale of alcoholic beverages beginning at 10 00 am on Sundays She noted in the absence of such ordinances , state law prohibits the sale or consumption of alcoholic beverages before 12 00 Noon on Sundays Ms Slusser explained that since the passage of this legislation , staff has received a few inquiries from restaurants convenience stores asking if the County plans to adopt such an ordinance for non - incorporated areas of the County Ms Slusser stated if the Board would like to consider such an ordinance in the future , staff recommends scheduling a public hearing when appropriate The Board took the matter under advisement 6 Board Reports and Comments The Board briefly discussed the citizen concerns that were presented during the Public Comment section Chairman Jeffrey P Carver stated one of the citizens spoke on the County’s water supply being limited ; however , he wants the citizens to know that the County’s water supply is in good shape for many years to come County Manager Rick Hester confirmed that the County is staying ahead of the curve on the water supply There being no further business , Commissioner Ted G Godwin 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