May 7, 2012 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 818 Meeting of the Johnston County Board of Commissioners May 7 , 2012 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , May 7 , 2012 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Allen L Mims , Jr , Vice Chairman Jeffrey P Carver , Cookie Pope , Wade M Stewart , DeVan Barbour , and Tony Braswell Absent W Ray Woodall Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , and County Attorney David F Mills Chairman Allen L Mims , Jr called the meeting to order at 6 00 pm and the following business was transacted Announcement Regarding Case 12 - 02 Chairman Allen L Mims , Jr announced the Case 12 - 02 has been withdrawn , per the applicant's request , and would not be heard 1 Public Comment A Citizens ' Concern - Discharge of Firearms in Oak Ridge Subdivision Steve Beals , 124 Oak Ridge Drive , Willow Springs , Oak Ridge Subdivision , and other residents from Oak Ridge Subdivision in Johnston County , addressed the Board regarding an ongoing situation in their neighborhood whereby a resident in the subdivision is shooting firearms in close proximity to other structures Mr Beals recalled that he attended the March Board meeting to discuss the matter and he noted that the situation is ongoing and has not gotten any better Mr Beals submitted to the Board a spreadsheet titled " James Whitlock's Talley of Shooting As We Have Observed Requested by the Johnston County Board of Commissioners " Mr Beals reported that 196 shots were heard today in their subdivision which is not included on the spreadsheet Mr Beals asked the Board what could be done to help the situation Mr Beals also submitted to the Board a letter dated April 28 , 2012 from James and Alicia Whitlock sent to Mr and Mrs Joseph Mills a resident in Oak Ridge Subdivision Mr Beals stated the letter indicates that Mr Whitlock knows that he is being a nuisance Chairman Allen L Mims , Jr stated that Captain Jeff Caldwell with the Johnston County Sheriff's Office has visited Mr Whitlock at his property and has spoken with him about the shooting Chairman Mims reported that Captain Caldwell has said that Mr Whitlock is firing weapons in compliance of the Johnston County Ordinance and there was nothing that the Sheriff's Office could do Mr Beals questioned the visit by Captain Caldwell as well as Captain Caldwell's qualifications and methods to determine whether Mr Whitlock is shooting safely County Attorney David Mills stated the duty of the Sheriff's Office is to determine whether there is a violation of the law or the local ordinance and Captain Caldwell has determined that there was no violation of the law or ordinance in this instance Mr Beals stated the matter is a safety and nuisance issue and someone must determine if what Mr Whitlock is doing is safe or not At the inquiry of Commissioner Wade M Stewart , Mr Beals stated that Mr Whitlock is studying to be an attorney and his wife is already an attorney Commissioner Stewart asked in cases such as this , if the State Bar has anything to do with the conduct of attorneys Mr Mills responded that the North Carolina State Bar certainly governs the professional activities of an attorney and part of an attorney's ethical and professional responsibility is to abide by the laws of the State of North Carolina , the Federal laws , and the local ordinances Mr Mills continued that the problem with thisPage819 May 7 , 2012 - 6 00 pm Continued instance is that the Sheriff's Office has said that Mr Whitlock is complying with the law and the State Bar is not going to take action against an attorney because he is less than neighborly or malicious towards his neighbors Upon further discussion about the situation being a nuisance or violating the noise ordinance , Mr Mills stated there may be civil remedies available where private individuals have the ability to bring civil actions to stop a nuisance and prevent it from continuing Mr Beals reiterated that the Oak Ridge Subdivision residents are asking for the County's help Commissioner DeVan Barbour expressed his concerns with the matter and stated that the firearms ordinance adopted by the County came about because of problems with people shooting in subdivisions and highly populated areas Commissioner Barbour asked if the ordinance is not addressing the problems , should it be reviewed again Commissioner Jeffrey P Carver stated that he believes 999 of the problems have gone away and he spoke on how he wished that all gun owners would be respectful , noting that he would never consider firing a weapon in his subdivision Commissioner Tony Braswell spoke on another past instance where residents were having problems with a dust situation in their neighborhood due to ATVs and although the County had no legal grounds with that situation , the County Attorney sent a letter to the property owner notifying him that matter was a concern to surrounding residents Commissioner Braswell asked if the County Attorney could send a similar letter to Mr Whitlock Mr Mills stated he could draft and send a similar letter to Mr Whitlock Mr Beals stated Mr Whitlock would not respect a letter from the County Mr Beals reiterated that the firearms ordinance needs to be changed Commissioner Stewart asked Planning Director Berry Gray to review the language in the firearms ordinance with the Board Mr Gray stated the firearms ordinance mainly regulates the hours in which a person can shoot and he noted that during daytime hours there is no limit as to how much someone can shoot Mr Gray stated the only other restriction is that the bullet cannot leave the property unless permission is granted from the adjoining property owner Mr Beals submitted a police report indicating that projectiles have left Mr Whitlock's property Lola Delbridge stated that she owns the 49 acre tract of land directly beside Oak Ridge Subdivision Ms Delbridge stated recently she had tree planting done on her property and the Forester that performed the work was upset over the conditions in the neighborhood and was fearful Ms Delbridge stated Mr Whitlock does not have permission to shoot on her property She asked the Board for help with the matter Catherine Hooper Baldwin , 115 Oak Ridge Drive , stated she lives next door to Mr Whitlock and she stated that her grandchildren cannot come and play safely in her yard because she does not know if a stray bullet will hit one of them Ms Baldwin stated the situation is stressful and she asked the Board for help Other Oak Ridge Subdivision residents from the audience also expressed their concerns to the Board no names addresses were given The Board discussed if the situation could be deemed a nuisance where the County Attorney could then take legal actions against the property owner under nuisance general statutes Mr Mills stated he could pursue the matter , but it would be up to a judge and jury to decide as well as the Board of Commissioners would first have to formally declare the situation a nuisance Mr Mills reported he would have to research the information and possibly bring findings of facts and other documentation to the Board Following further discussion by the Board , Chairman Mims instructed the County Attorney to research the matter and determine if the situation could be declared a nuisance It was the consensus of the Board for thePage820 May 7 , 2012 - 6 00 pm Continued County Attorney to also draft a letter to Mr Whitlock informing him of the concerns by the Oak Ridge Subdivision residents 2 Public Hearing Rezoning and Special Use Requests Advertised - In The Smithfield Herald - April 25 and May 2 , 2012 Certified letters were mailed to adjoining property owners on April 23 , 2012 Notices were posted at the locations on January 3 , 2012 for Case 12 - 02 ; and March 1 , 2012 for Cases 09 - 12 Mod , 12 - 03 , and 12 - 04 The Chairman opened the Special Use Hearing for Case 09 - 12 MOD Case 09 - 12 MOD A request to modify the Special Use Permit for 3326 acres zoned Interstate Highway - Special Use District IHI - SUD located on NC Hwy 42 in the northeast quadrant of the I - 40 NC 42 Interchange in Cleveland Township This modification will add residential uses to an area previously designated as Retail Office Hospitality Tax ID 06E02002 , 06D01022 , 06D01015J , 06D01015H , 06E02002E , 06E02002F , 06E02002G , part of 06D01015A Owner Son - Lan Classic Development Co , LLC ; Donald Ray West and Myra June Canaday West Applicant Ashton Way Apartments LLC Those wishing to speak on Special Use Case 09 - 12 MOD were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to modify the special use permit for 3326 acres zoned Interstate Highway - Special Use District located on NC Hwy 42 in the northeast quadrant of the I - 40 NC 42 Interchange in Cleveland Township The modification would add residential uses to an area previously designated as Retail Office Hospitality Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 09 - 12 MOD on February 1 , 2012 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 , storm water 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 March 20 , 2012 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 09 - 12 MOD and made the following recommendations Upon a motion by Mr Gathers for approval , seconded by Mr Letchworth , carried by a unanimous vote of 9 - 0 , the Planning Board recommended approval of the Special Use Conditions for Case 09 - 12 based on the following Findings of Facts and Special Use Conditions 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 Development is located directly adjacent to Interstate 40 , with proposed entrances approximately 1,220 and 3,360 feet from the center of the I - 40 NC 42 interchange It is located on the opposite side of NC 42 from an existing Lowe's Home Improvement and an approved Wal - Mart development The property is currently zoned I - 2 and a portion of the property lies within the IHI overlay district The proposed zoning reclassification is IHI special Use District The land design is intended to facilitate a multi - use development including shopping , dining , lodging , entertainment , institutional , corporate and professional offices , and residential uses The Development will emphasize controlled access , curb appeal , efficient traffic flow , and safety The Development will utilize two access points on NC 42 and will carry out and abide by the recommendations and directives of the Traffic Impact Analysis currently being conducted Staff The current zoning allows for heavy industrial development which could have a greater impact on public health and safety than the proposed zoning The area is primarily commercial with no immediate adjacent single family residential uses No construction is proposed within the wetlands and flood plain of Swift Creek A traffic analysis was evaluated by NCDOT and the County's consultant to ensure adequate flow of traffic Page821 May 7 , 2012 - 6 00 pm Continued 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 all local , state , and federal building codes and regulations and shall meet or exceed all landscaping , parking , lighting , and runoff requirements Additional restrictions forbidding undesirable uses are incorporated herein to the IHI Special Use District application Staff This development will comply with the use and intensity regulations as set forth in the Land Development Code Since this is a special use case , the proposed development will be limited based on the conditions of approval 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 Area demographics over the past two decades reveal that the area surrounding the Development has changed from largely agricultural to residential made up of citizens with disposable income , who currently travel several miles to other communities for shopping , medical needs , dining , professional services , and employment The Development is consistent with adjacent properties , which are currently in use as restaurants , retail , and lodging , and is in close proximity to many residential neighborhoods The proposed uses are much needed , and keeping the existing residents in the area will benefit not just the Development but also all of the businesses and developments in the area of the interchange Its location adjacent to an interested highway makes the Development the best and highest use of the property Any additional traffic will be mitigated by such improvements as may be directed based on the results of the Traffic Impact Analysis currently in progress Staff The proposed development is bordered by existing commercial development compatible with the proposed uses A natural buffer exists to the north and east due to the undisturbed floodplain and buffers of Swift Creek The area is near the 40 42 interchange with part of the property already in the Interstate Highway Interchange District 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 is located immediately adjacent to the existing IHI district a portion of the property lies within the IHI district and will therefore be consistent with other developments and with the current development policies for the area Developer has communicated frequently with Staff in order to be fully apprised of the county's policies so as to make all plans in conformity therewith All aspects of the Development shall comply with applicable land development codes and conditions as imposed or expressed by the Planning Board The buildings constructed in the Development shall be designed and constructed so that the exterior elevation shall be architecturally and aesthetically consistent and compatible The design and construction shall be of high quality , consistent with projects performed by the Developer in the past No building constructed on the property shall exceed 60 ' including all mechanical improvements and architectural embellishments in height above finished grade NO building shall have a metal exterior Any rooftop equipment constructed on the buildings shall be screened so as not to be visible from the mean finished elevation of the respective parking area Any portion of the buildings facing the interstate shall be aesthetically attractive and all garbage receptacles shall be located and screened from travelers on the interstate Staff Applicant's proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies as well as all traffic improvement requirements prescribed by the Traffic Impact Analysis and NCDOT Specific Land Uses APPLICANT All uses allowed under the IHI zoning designation EXCEPT adult businesses , airport , animal husbandry , extraction of earth products , novelty shops but excluded only to the extent such shop is an " adult business " , boarding houses , trucking terminals , and campgrounds travel trailer parks ; but INCLUDING specifically art galleries , barber beauty shop , building materials supplies , car wash , church , club private public , community facility , day care center children , dry cleaning , mini - storage , museum , residential dwelling - within office commercial building ie , mixed use , research activities , theater , tire sales , vehicle sales recreational , and veterinary hospital Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning Department Staff 3 Submission of a unified sign plan for review and approval by the Planning Department Staff 4 No portion of the development will be used for adult businesses , airport , animal husbandry , extraction of earth products , novelty shops but excluded only to the extent such shop is an " adult business " , boarding houses , trucking terminals , and campgrounds travel trailer parks 5 No uses permitted by the Heavy Industrial I2 and Agricultural Residential AR Zoning Districts will be allowed unless specifically allowed by the Special Use Permit 6 Hours of operation shall be 24 hours , Monday through Sunday 7 A Class A landscape buffer shall be installed along all rezoning lines 2 large trees , 2 small trees and 6 shrubs every one hundred 100 linear feet unless existing natural vegetation is acceptable in lieu of the Class A buffer if equal or more intense 8 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 10 New access points onto NC 42 shall be limited to one full service street aligned with the existing WalMart access signal light and two right - in right - outs as shown on the site plan PagePage pageNumber5822 May 7 , 2012 - 6 00 pm Continued 11 Must obtain commercial driveway permit s from DOT and comply with all NCDOT traffic improvement requirements 12 The 100 year floodplain and riparian buffer along Swift Creek shall not be disturbed 13 A 100 ' riparian buffer shall be applied along Swift Creek 14 Signage or pavement markings shall be utilized for the far right turn lane on the eastbound exit ramp indicating that the lane shall turn right at Glen Road 15 All traffic improvements required through the Traffic Impact Analysis and as shown on a map kept on record at the Johnston County Planning Department created by Kimley - Horn and Associates , Inc and entitled Crosland Assemblage - River Oaks , dated 8 - 3 - 09 16 The Developer will be responsible for all required traffic improvements 17 Developer will work with staff and the TIA Consultants to develop a schedule to ensure that improvements stay ahead of the development A schedule has been completed and is on file at the Planning Department 18 Subsequent site plan submittals to Planning staff shall contain architectural design standards comparable to or equal to those shown on the slide presentation labeled as Exhibit # 1 located within the Case 09 - 12 Rezoning File on record at the Johnston County Planning Department Mr Gray pointed out the master plan in the agenda packet and explained the modification would not increase the number density of the residential uses , but would rather redistribute some residential multifamily uses to an area previously designated as Retail Office Hospitality Mr Gray stated the proposed modification will not create new traffic impacts beyond those described in the 2009 Traffic Impact Analysis Mr Gray noted the special use conditions and stated there are no proposed changes Mr Gray stated the surrounding land uses consist of to the North - bound by Swift Creek and property zoned Agricultural Residential and used for residences ; to the East - bound by Swift Creek and property zoned Agricultural Residential and used for residences ; to the south - bound by NC 42 and River Oaks Development and property zoned Interstate Highway Interchange , Industrial 2 , and General Business - Special Use District and used for commercial businesses ; and to the West - bound by Interstate 40 and property zoned Interstate Highway Interchange and partially vacant , with some commercial and industrial businesses Mr Gray stated 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 Additionally , the site is located within a " Regional Centers " activity node County Attorney David Mills reported that for disclosure purposes , back in 2009 , he represented the developer of the property Crosland , but he now no longer represents them Upon a question by Commissioner Jeffrey P Carver , Mr Gray stated that the applicant would have to come back to the Board and request another modification to the special use permit if they chose to move more of the residential use into the other areas or to add more units He stated if more units were requested , the Traffic Impact Analysis would have to be revisited Bill Scantland , 1220 Arboretum Drive , Lewisville , NC , representing the applicant , offered to answer any questions by the Board Mr Scantland requested approval of the modification He stated his group's interest is only for approximately eight acres in the southwestern corner of the property and they are not developing the entire tract Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 09 - 12 MOD Decision on Special Use Case 09 - 12 MOD Case 09 - 12 MOD A request to modify the Special Use Permit for 3326 acres zoned Interstate Highway - Special Use District IHI - SUD located on NC Hwy 42 in the northeast quadrant of the I - 40 NC 42 Interchange in Cleveland Township This modification will add residential uses to an area previously designated as Retail Office Hospitality Tax ID 06E02002 , 06D01022 , 06D01015J , 06D01015H , 06E02002E , 06E02002F , 06E02002G , part of 06D01015A Owner Son - Lan Classic Development Co , LLC ; Donald Ray West and Myra June Canaday West Applicant Ashton Way Apartments LLC Based on the findings of facts and special use conditions as listed below , Commissioner Tony Braswell moved the Board approve the modification to the special use permit for Case 09 - 12 MOD for 3326 acres zoned Interstate Highway - Special Use District located on NC Hwy 42 in the northeast quadrant of the I - 40 NC 42 Interchange in Cleveland Township to allow the addition of residential uses to an area previously designatedPagePage pageNumber6823 May 7 , 2012 - 6 00 pm Continued as Retail Office Hospitality Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff's recommendation in the above summary of evidence , as its own Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning Department Staff 3 Submission of a unified sign plan for review and approval by the Planning Department Staff 4 No portion of the development will be used for adult businesses , airport , animal husbandry , extraction of earth products , novelty shops but excluded only to the extent such shop is an " adult business " , boarding houses , trucking terminals , and campgrounds travel trailer parks 5 No uses permitted by the Heavy Industrial I2 and Agricultural Residential AR Zoning Districts will be allowed unless specifically allowed by the Special Use Permit 6 Hours of operation shall be 24 hours , Monday through Sunday 7 A Class A landscape buffer shall be installed along all rezoning lines 2 large trees , 2 small trees and 6 shrubs every one hundred 100 linear feet unless existing natural vegetation is acceptable in lieu of the Class A buffer if equal or more intense 8 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 10 New access points onto NC 42 shall be limited to one full service street aligned with the existing WalMart access signal light and two right - in right - outs as shown on the site plan 11 Must obtain commercial driveway permit s from DOT and comply with all NCDOT traffic improvement requirements 12 The 100 year floodplain and riparian buffer along Swift Creek shall not be disturbed 13 A 100 ' riparian buffer shall be applied along Swift Creek 14 Signage or pavement markings shall be utilized for the far right turn lane on the eastbound exit ramp indicating that the lane shall turn right at Glen Road 15 All traffic improvements required through the Traffic Impact Analysis and as shown on a map kept on record at the Johnston County Planning Department created by Kimley - Horn and Associates , Inc and entitled Crosland Assemblage - River Oaks , dated 8 - 3 - 09 16 The Developer will be responsible for all required traffic improvements 17 Developer will work with staff and the TIA Consultants to develop a schedule to ensure that improvements stay ahead of the development A schedule has been completed and is on file at the Planning Department 18 Subsequent site plan submittals to Planning staff shall contain architectural design standards comparable to or equal to those shown on the slide presentation labeled as Exhibit # 1 located within the Case 09 - 12 Rezoning File on record at the Johnston County Planning Department The Chairman opened the Rezoning Hearing for Case 12 - 03 Case 12 - 03 Petition to rezone 116 acres located at 284 Reedy Creek Road in Elevation Township from Agricultural Residential AR to Community Business - Special Use District CB - SUD Tax ID 07F07199C Owner KS Bank , Inc Applicant KS Bank , Inc Planning Director Berry Gray stated the petition is to rezone 116 acres located at 284 Reedy Creek Road in Elevation Township from Agricultural Residential to Community Business - Special Use District He noted the special use request associated with the rezoning Mr Gray reported the existing land use is for a grandfathered contractors office and storage The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes which includes a golf course and driving range and General Business - Special Use District for an automotive repair facility Mr Gray stated 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 Commissioner Wade M Stewart commented that there are multiple uses requested with the special use permit Mr Gray stated that he believes the applicant is requesting multiple uses in order to market the property Harold Keen , 1121 Boyette Road , Four Oaks , representing KS Bank , the applicant , stated KS Bank has ended up with the property and they are requesting the rezoning in order to market the site for sale Mr Keen stated that he believes under the special use conditions proposed , uses that would create high traffic for the area have been eliminated PagePage pageNumber7824 May 7 , 2012 - 6 00 pm Continued Commissioner Stewart noted there appears to be a subdivision near the site and he questioned if a use such as a kennel would be appropriate or would it create noise for the neighbors Mr Keen noted that Neal Davis lives directly across the road from the property and Mr Davis was in the audience Mr Keen stated he is not sure what the ultimate use will be until it is sold Commissioner Tony Braswell asked Mr Keen if he prefers to go ahead with the rezoning and the special use permit hearing , rather than just rezone the property and then see what offers he gets before going ahead with the special use permit hearing Chairman Allen L Mims , Jr noted that the Board could always eliminate some of the proposed uses during the special use hearing , if appropriate Mr Keen stated that Neal Davis , the former property owner , used the building as an office and then it was sold to a contractor that ran a construction business out of the building Neal Davis , 245 Reedy Creek Road , informed the Board that he has no problems with the rezoning Mr Davis stated that at the Planning Board meeting , he requested the future uses be aligned with prior historic uses Mr Davis stated when he ran a business in the building , the hours of operation were 8 00 am until 5 00 pm so that the neighborhood stayed quiet at night Mr Davis reported he is ok with the proposed uses as currently listed , although because there is some hesitation , he would hope that the end result would be a business that operates primarily during the day Mr Davis asked the Board to consider limiting the hours of operation such as the Planning Board has recommended At the inquiry of Commissioner Jeffrey P Carver , Mr Davis confirmed that he has read the proposed special use conditions , including the hours of operation , and he can live with those Mr Gray reported the Planning Board recommended approval of the rezoning request There being no further comments , the Chairman recessed the Rezoning Hearing for Case 12 - 03 Decision on Rezoning Case 12 - 03 Case 12 - 03 Petition to rezone 116 acres located at 284 Reedy Creek Road in Elevation Township from Agricultural Residential AR to Community Business - Special Use District CB - SUD Tax ID 07F07199C Owner KS Bank , Inc Applicant KS Bank , Inc Commissioner Tony Braswell moved the Board approve rezoning case 12 - 03 to rezone 116 acres located at 284 Reedy Creek Road in Elevation Township from Agricultural Residential to Community Business - Special Use District Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 12 - 03 Case 12 - 03 To allow for automotive sales repair tire sales , business office retail , contractors office and storage , daycare , kennel , landscaping nursery supplies , and place of worship Owner KS Bank , Inc Applicant KS Bank , Inc Those wishing to speak on Special Use Case 12 - 03 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for automotive sales repair tire sales , business office retail , contractors office and storage , daycare , kennel , landscaping nursery supplies , and place of worship Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 12 - 03 on January 20 , 2012 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 PagePage pageNumber8825 May 7 , 2012 - 6 00 pm Continued • 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 March 20 , 2012 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 12 - 03 and made the following recommendations Upon a motion by Mr Massengill for approval , seconded by Mr Summerlin , carried by a unanimous vote of 9 - 0 , the Planning Board recommended approval of Case 12 - 03 Rezoning Upon a motion by Mr Gathers for approval with the added # 14 condition of a shared driveway agreement be executed , also added change of hours for auto repair and sales tires only to 7am - 7 pm Monday - Saturday , seconded by Mr Letchwroth , carried by a vote of 8 - 1 , with Ms Hackler dissenting , the Planning Board recommended approval of Case 12 - 03 Special Use Conditions 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 Building was constructed by previous owner as an office warehouse and used as such until foreclosed on by the Bank Property was used for a business purpose in a residential zoned area The existing building has road frontage suitable for a small community based business This existing structure is next to a golf course driving range and is ideally suited for small community business zoning Staff The applicant will be subject to special use conditions and state and federal laws which will ensure that the development maintains the public health , safety and general welfare of the community 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 possible uses for this property will comply with the zoning codes requirements that have been established by Johnston County Staff The proposed use shall comply with the use and intensity regulations as set forth in the Land Development Code 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 existing building was built and occupied by the previous owner as a Contractor's Office where interior accessories for homes that he built could be show cased to potential buyers and as a warehouse space for materials he used in the building of his homes The intent of having this property zoned Community Business - special use district CB SUD is to clarify the type of small businesses that can purchase and occupy this property for their intended use and conform to Johnston County Zoning Ordinances Staff Regular hours of operation will be maintained This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County's Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant It is our belief that this building currently conforms to existing Johnston County zoning ordinances as a Small Community Business with special use district uses and that it will continue to be in compliance with your future plans for its existing location within the county Staff Applicant's development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Automotive sales repair tire sales , business office retail , contractor's office and storage , daycare , kennel , landscaping nursery supplies , place of worship Special Use Conditions 1 Permitted Uses automotive sales repair tire sales , business office retail , contractors office and storage , daycare , kennel , landscaping nursery supplies , place of worship 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 around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class B buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be 7am until 10pm Monday - Sunday Auto sales repair tire sales shall be limited to 7am until 7pm Monday - Saturday 7 Signage shall be in accordance with the sign code 8 Disposal of all petroleum's , oils , and lubricants shall meet all local , state , and federal requirements 9 Shall be limited to the outdoor storage of 8 vehicles awaiting pickup or repair 10 No junk or salvage vehicles allowed 11 Any outdoor storage shall be enclosed by an opaque fence 12 Shall comply with the use and intensity regulations as set forth in the Land Development Code for the Community Business District 13 No outdoor kennels ; limited to an outdoor exercise yard only PagePage pageNumber9826 May 7 , 2012 - 6 00 pm Continued 14 Shared driveway access agreement approved by NCDOT between two property owners Mr Gray listed and reviewed each of the special use conditions with the Board Harold Keen , 1121 Boyette Road , Four Oaks , representing KS Bank , the applicant , confirmed they are acceptable to the special use conditions Mr Keen noted the shared driveway owner has signed the shared driveway agreement and it has been approved by the Department of Transportation Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 12 - 03 Decision on Special Use Case 12 - 03 Case 12 - 03 To allow for automotive sales repair tire sales , business office retail , contractors office and storage , daycare , kennel , landscaping nursery supplies , place of worship Owner KS Bank , Inc Applicant KS Bank , Inc Based on the findings of facts and the special use conditions , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 12 - 03 to allow for automotive sales repair tire sales , business office retail , contractors office and storage , daycare , kennel , landscaping nursery supplies , place of worship on 116 acres located at 284 Reedy Creek Road in Elevation Township Commissioner Tony Braswell seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff's recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses automotive sales repair tire sales , business office retail , contractors office and storage , daycare , kennel , landscaping nursery supplies , place of worship 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 around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class B buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be 7am until 10pm Monday - Sunday Auto sales repair tire sales shall be limited to 7am until 7pm Monday - Saturday 7 Signage shall be in accordance with the sign code 8 Disposal of all petroleum's , oils , and lubricants shall meet all local , state , and federal requirements 9 Shall be limited to the outdoor storage of 8 vehicles awaiting pickup or repair 10 No junk or salvage vehicles allowed 11 Any outdoor storage shall be enclosed by an opaque fence 12 Shall comply with the use and intensity regulations as set forth in the Land Development Code for the Community Business District 13 No outdoor kennels ; limited to an outdoor exercise yard only 14 Shared driveway access agreement approved by NCDOT between two property owners The Chairman reopened the Rezoning Hearing for Case 12 - 04 Case 12 - 04 Petition to rezone 239 acres located at 7980 Harper House Road SR 1008 in Meadow Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 09J17037D , 09J17037 Owner Eldridge Concrete Construction , Inc - Timothy Eldridge , Luby Eldridge Applicant Timothy Eldridge Planning Director Berry Gray stated the petition is to rezone 239 acres located at 7980 Harper House Road in Meadow Township from Agricultural Residential to General Business - Special Use District He noted the special use request associated with the rezoning Mr Gray reported the existing land use is for a non - conforming contractor's office and maintenance building The surrounding land uses are zoned Agricultural Residential and used for such purposes Mr Gray stated the area is located within a designated " Agricultural Rural Conservations Area " in the County's Comprehensive Land Use Plan which denotes areas of low levels of growth pressures , anticipated over the next 20 years Chairman Allen L Mims , Jr asked if the rezoning would adhere to the Land Use Plan Page0827 May 7 , 2012 - 6 00 pm Continued Mr Gray stated the rezoning would adhere with limited conditions applied to the request and due to the fact that the applicant plans to use existing facilities Applicant Timothy Eldridge , 7962 Harper House Road , offered to answer any questions Upon a question by Commissioner Cookie Pope , Mr Eldridge stated he still plans to store some farm equipment in the facility Mr Gray reported the Planning Board recommended approval of the rezoning request There being no further comments , the Chairman closed the Rezoning Hearing for Case 12 - 04 Decision on Rezoning Case 12 - 04 Case 12 - 04 Petition to rezone 239 acres located at 7980 Harper House Road SR 1008 in Meadow Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 09J17037D , 09J17037 Owner Eldridge Concrete Construction , Inc - Timothy Eldridge , Luby Eldridge Applicant Timothy Eldridge Commissioner Cookie Pope moved the Board approve rezoning case 12 - 04 to rezone 239 acres located at 7980 Harper House Road in Meadow Township from Agricultural Residential AR to General Business - Special Use District Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 12 - 04 Case 12 - 04 To allow for the operation of a contractors office , storage , and equipment repair , and farming agricultural uses Owner Eldridge Concrete Construction , Inc - Timothy Eldridge , Luby Eldridge Applicant Timothy Eldridge Those wishing to speak on Special Use Case 12 - 04 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for the operation of a contractors office , storage , and equipment repair , and farming agricultural uses Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 12 - 04 on January 25 , 2012 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 March 20 , 2012 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 12 - 04 and made the following recommendations Upon a motion by Mr Summerlin for approval , seconded by Mr DeLaine , carried by a unanimous vote of 9 - 0 , the Planning Board recommended approval of Case 12 - 04 Rezoning Upon a motion by Mr Summerlin for approval with the deletion of # 3 , # 10 and waiver of # 5 , seconded by Mr Massengill , carried by a unanimous vote of 9 - 0 , the Planning Board recommended approval of Case 12 - 04 Special Use Conditions 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 This property is located in rural Johnston County There are two existing buildings located on it One is a 1,800 square foot office and the other is a 4,800 square foot maintenance and storage building Page1828 May 7 , 2012 - 6 00 pm Continued Staff The location is surrounded by farm land and across from residences The property currently does not have any existing vegetation and will need to comply with the county landscape requirements The parcel has been used for business purposes since 2011 according to applicant The applicant will be subject to special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 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 General Business - The business is used for swine , poultry , and construction The maintenance building is used for tractor , truck , farm and construction equipment repair All fluids are properly stored and disposed of per law The office is for the book work of swine , poultry , and construction business The buildings were used for agricultural use up to about 5 - 6 months ago Townsend , the people we grow chickens for went out of business I purchased the property and started using it for the construction business as well as for the farming operation Staff This development will comply with the use and intensity regulations as set forth in the Land Development Code 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 We operate Monday - Friday , 8 00am to 5 00 pm This is a rural farm community The closest house is more than thousand feet Staff There is adequate room for parking , a Class B buffer shall be planted on all other rezoning lines This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County's Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The business is used for farm and construction office and maintenance The construction business is a small business that provides construction needs for the local community Staff Applicant's proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Office and shop for construction company Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department staff 3 Hours of operation shall be from 7 00 am to 6 00 pm , five days a week 4 All signage shall comply with the sign code 5 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal to or more intense than the Class B buffer PB recommends exemption 6 All buildings and or structures must comply with rules enforced by the following department and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NCDOT 7 Lighting , if any , shall be engineered so as not to shine onto adjacent properties 8 No hazardous materials will be stored on site 9 All waste oil and fluids shall be disposed of in accordance with state and or federal guidelines Mr Gray listed and reviewed each of the special use conditions with the Board He noted the Planning Board recommended removal of conditions # 3 and # 5 At the inquiry of Chairman Allen L Mims , Jr , Applicant Timothy Eldridge , 7962 Harper House Road , confirmed he had read the proposed special use conditions Mr Eldridge reported he had received a letter from the Department of Transportation and he asked if he was going to have to install an apron at the road Mr Gray stated the DOT has reviewed the driveway and it is his understanding that the DOT is recommending a paved apron Mr Gray noted that is a decision of the DOT and not the Board of Commissioners Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 12 - 04 Decision on Special Use Case 12 - 04 Case 12 - 04 To allow for the operation of a contractors office , storage , and equipment repair , and farming agricultural uses Owner Eldridge Concrete Construction , Inc - Timothy Eldridge , Luby Eldridge Applicant Timothy Eldridge Based on the findings of facts and the revised special use conditions as listed below , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 12 - 04 to allow for the operation of a contractors office , storage , and equipment repair , and farming agricultural uses onPage2829 May 7 , 2012 - 6 00 pm Continued 239 acres located at 7980 Harper House Road in Meadow Township Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff's recommendation in the above summary of evidence , as its own Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department staff 3 All signage shall comply with the sign code 4 All buildings and or structures must comply with rules enforced by the following department and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NCDOT 5 Lighting , if any , shall be engineered so as not to shine onto adjacent properties 6 No hazardous materials will be stored on site 7 All waste oil and fluids shall be disposed of in accordance with state and or federal guidelines 3 Call for Two Public Hearings - Land Development Code Ordinance Amendments Following discussion on the request to schedule two public hearings for amendments to the Land Development Code , the Chairman scheduled the public hearings for the July 2 , 2012 6 00 pm and the Board agreed by consent The public hearings will be to allow public comment on amendments to the Land Development Code as it relates to Internet Sweepstakes Gaming and Commercial Shooting Ranges 4 Manager Reports and Comments A Education Budget Revision from 10 00 am Meeting Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the following budget revision for Education that had been tabled from the 10 00 am meeting and authorized the County Manager to release the funds once additional requested documentation is received from Johnston County Schools Education REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 63009300 JC Schools Total Allocation 374,08300 TOTAL NET EXPENDITURES 374,08300 REQUESTED CHANGE FUND BUDGET CODE LINE ITEM CLASSIFICATION REVENUE INCREASE DECREASE 10 460033990 Fund Balance Appropriated 374,08300 TOTAL NET REVENUE 374,08300 5 Board Reports and Comments The Board briefly discussed changing the July 2 , 2012 meeting date ; however , upon discussion , the meeting was not rescheduled and will be held on July 2 , 2012 at 10 00 am and 6 00 pm 6 Comments from Chuck Fager Opposition to Tolling on Interstate 95 Chuck Fager , 223 Hillside Avenue , Fayetteville , North Carolina , addressed the Board and presented updated information regarding his opposition to the proposed tolling of Interstate 95 in North Carolina NC Stop Torture Now Quaker House Update Mr Fager also provided the Board with a written summary of recent events that his organization believes indicates the accountability of those who kidnap and abuse detainees domestically and internationally Page3830 May 7 , 2012 - 6 00 pm Continued There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 7 25 pm Allen L Mims , Jr , Chairman Paula G Woodard , Clerk to the BoardPage