July 2, 2012 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 17 Meeting of the Johnston County Board of Commissioners July 2 , 2012 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , July 2 , 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 , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None 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 1 Public Comment None 2 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – June 20 and 27 , 2012 Certified letters were mailed to adjoining property owners on June 18 , 2012 Notices were posted at the locations on May 2 , 2012 for Cases 04 - 45 Mod and 12 - 08 The Chairman opened the Special Use Hearing for Case 04 - 45 MOD Case 04 - 45 MOD A request to modify the Special Use Permit for 663 acres zoned Industrial 1 - Special Use District I1 - SUD located at 6275 NC Hwy 50 in Elevation Township The modification request is to allow for a place of worship in addition to the existing special use for workshop , mini - storage , equipment storage and wholesale sales of equipment and vehicles Tax ID 07E07199K Owner Roger Dale Williams and Cynthia R Williams Applicant Crossroads Church – Scott Betts Those wishing to speak on Special Use Case 04 - 45 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 663 acres zoned Industrial 1 - Special Use District I1 - SUD located at 6275 NC Hwy 50 in Elevation Township The modification request is to allow for a place of worship in addition to the existing special use for workshop , mini - storage , equipment storage and wholesale sales of equipment and vehicles Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 04 - 45 MOD on March 30 , 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 May 15 , 2012 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 04 - 45 MOD and made the following recommendations Page18 July 2 , 2012 – 6 00 pm Continued Upon a motion by Mr Massengill for approval of the modification of Case 04 - 45 , adding place of worship to the uses , seconded by Mr Smith , carried by a unanimous vote of 9 - 0 , Planning Board recommended approval of the Special Use Permit Modification for Case 04 - 45 based on the following the Statement and Findings of Facts and Special Use Conditions Statement This request is consistent with the Comprehensive Land Use Plan in that churches are permitted in this area The request is reasonable in that the conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public 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 is an existing building that is compatible for use as a place of worship Office space , parking and layout of the entire property appear to be suitable Staff Modification of the Special Use permit with conditions will maintain the public health , safety , and general welfare 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant We would be adding a place of worship to the SUP classification of the property The place of worship will comply with applicable codes and regulations Staff The parcel , being zoned Industrial - 1 - Special Use District , will continue to fit well and serve those residents in the community Churches are permitted in the AR district and are not considered an intense business use 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 A place of worship is of high value in the community and supports all positive efforts of the community cohesiveness as well as spiritual and physical well being Staff The church use at the site will be compatible with existing surrounding land uses Churches are permitted in AR districts with no conditions ; this suggests that the proposed modification of the SUP would be compatible with the community and the Land Development Code 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 area around this property has seen and continues to see growth Add a place of worship meets the needs of locals as well as new comers in the community A place of worship in the area would effectively enhance the 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 Workshop , mini - storage , equipment storage and wholesale sales of equipment and vehicles , and place of worship Special Use Conditions 1 Permitted Uses Workshop , mini - storage , equipment storage and wholesale sales of equipment and vehicles , and place of worship 2 Adhere to the plans submitted on original site plan Mr Gray reviewed the special use conditions with the Board He stated the site was rezoned in 2004 for the original uses and the request is to add churches in with the approved uses Mr Gray explained the property is an existing developed site and the proposed place of worship would operate from the existing building Mr Gray stated the surrounding land uses are zoned Agricultural Residential and used for such purposes ; General Business and used for a gas station and convenience store ; Industrial 1 – Special Use District and used for a contractors office ; and Community Business – Special Use District for a bait and tackle shop 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 Additionally , the site is within one mile of a “ Neighborhood Centers ” activity node Applicant Scott Betts , 620 McGee Road , Benson , provided the Board with a background on the Crossroads Church and stated they are looking at the subject site as an option for future growth Mr Betts noted the letter in the agenda packet dated May 15 , 2012 from Tony L Johnson , Architect , PA confirming that the proposed use would be acceptable in the existing building He offered to answer any questions Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 04 - 45 MOD Decision on Special Use Case 04 - 45 MOD Page19 July 2 , 2012 – 6 00 pm Continued Case 04 - 45 MOD A request to modify the Special Use Permit for 663 acres zoned Industrial 1 - Special Use District I1 - SUD located at 6275 NC Hwy 50 in Elevation Township The modification request is to allow for a place of worship in addition to the existing special use for workshop , mini - storage , equipment storage and wholesale sales of equipment and vehicles Tax ID 07E07199K Owner Roger Dale Williams and Cynthia R Williams Applicant Crossroads Church – Scott Betts Based on the findings of facts and special use conditions as listed below , Commissioner W Ray Woodall moved the Board approve the modification to the special use permit for Case 04 - 45 MOD for 663 acres zoned Industrial 1 - Special Use District located at 6275 NC Hwy 50 in Elevation Township to allow for a place of worship in addition to the existing special use for workshop , mini - storage , equipment storage and wholesale sales of equipment and vehicles 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 Workshop , mini - storage , equipment storage and wholesale sales of equipment and vehicles , and place of worship 2 Adhere to the plans submitted on original site plan Case 12 - 08 Rezoning Petition - Petition to rezone 100 acre located at 2850 Old Fairground Road SR 1309 in Pleasant Grove Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 13D04016A Owner Applicant Dianne Gilleland Special Use Permit - Place of worship , an institution , and a boarding house It was determined that the applicant for Case 12 - 08 was not yet present at the meeting ; therefore , upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board tabled the request until the August 6 , 2012 6 00 pm meeting Chairman Allen L Mims , Jr asked those in the audience that were present for Case 12 - 08 to remain until the end of the meeting in case the applicant arrived and the Board chose to go ahead and hear the case Note After Agenda Items 3 and 4 , Public Hearings for Code of Ordinance Amendments , were heard , it was determined that the applicant had arrived for Rezoning Case 12 - 08 Those present in the audience for Case 12 - 08 had remained ; therefore , it was the unanimous consensus of the Board to proceed with the public hearing for Case 12 - 08 The Chairman opened the Rezoning Hearing for Case 12 - 08 Case 12 - 08 Petition to rezone 100 acre located at 2850 Old Fairground Road SR 1309 in Pleasant Grove Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 13D04016A Owner Applicant Dianne Gilleland Planning Director Berry Gray stated the petition is to rezone 100 acre located at 2850 Old Fairground Road in Pleasant Grove Township from Agricultural Residential to Agricultural Residential - Special Use District He noted the special use request associated with the rezoning to allow for a place of worship , an institution , and a boarding house Mr Gray reported the property currently has a church on it and was also formerly used as a K - 12 private Christian school that has closed He stated the applicant is proposing to turn the former school building into the boarding house The surrounding land uses are zoned Agricultural Residential and used for such purposes ; and Community Business and used for a gas and convenience store He 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 Mr Gray continued that the case originated from a complaint as a violation of the ordinance He noted that places of worship and institutions , which in this case is the school use , are allowed within the Agricultural Residential District ; however , they are listed in the special use permit because with a special use , all the proposed uses must be listed Mr Gray noted the petition in opposition in the agenda packet and submitted a letter to the Board dated June 5 , 2012 from Roger McGee who was a former property owner and is now questioning the transfer of property to the current owner Mr Gray reported an old deed restriction stated thePage20 July 2 , 2012 – 6 00 pm Continued property was to be restricted to church uses only He noted the County Attorney has reviewed the letter and can answer questions on that matter Chairman Allen L Mims , Jr stated the County Attorney has advised that while the letter from Mr McGee should be included as part of the record , the matter of the old deed restriction is not for the Board to decide on and the Board should consider Ms Gilleland as the current property owner of record Applicant Dianne Gilleland , 2850 Old Fairground Road , Angier , presented a packet of materials to the Board that contained information regarding an “ open house meeting ” that she held at the property on May 15 , 2012 along with photos of the property and an “ Application for Residence ” for the boarding house Ms Gilleland stated there have been some questions regarding buffers around the property and she stated the photos indicate there are buffers in between the subject site and the neighbors Ms Gilleland stated she was associated with the former Christian school for ten years and she has owned the subject site for five years She stated the mobile units on the property were used for four years for the school which had to close due to the economy Ms Gilleland stated she has been looking at other options for use of the buildings to bring in income but has had no luck Ms Gilleland stated she believes there is a need in the community for a boarding house and presently one single male is living on the property that came to the area for work She noted he has been living on the property for four months and has agreed to be the Property Manager Ms Gilleland stated she along with the Property Manager and her realtor would evaluate the renter applications and would perform criminal background checks Commissioner Tony Braswell asked Ms Gilleland how she planned to perform the criminal background checks Ms Gilleland explained that the background checks would be done through the Sheriff’s Office or through an on - line service She also noted she has contacted the SBI about fingerprinting services Upon a question by Chairman Mims , Ms Gilleland stated the Property Manager would also have other fulltime employment Ms Gilleland informed the Board that she held the “ open house meeting ” on May 15 , 2012 at the request of the neighbors at the Planning Board meeting Ms Gilleland stated the people that attended the May th 15 meeting were rude and were only interested in giving their opinions as to what they wanted to see happen for the site Upon a question by Commissioner DeVan Barbour , Ms Gilleland stated the boarding house could house four or five families or probably ten people Commissioner Braswell noted the Rental Application calls for a complete credit check Ms Gilleland stated the credit checks are performed online once the applicant fills out the paperwork and provides the required social security number and permission to perform the check At the inquiry of Commissioner Jeffrey P Carver , Ms Gilleland confirmed that she purchased the property in 2007 She stated at that time , she was operating the Christian School in another Church and the subject site allowed them to have their own facility for the school Ms Gilleland stated there is an active church on the subject property Angela McGee - Platt , 190 Mac Lane , Angier , spoke in opposition to the request Ms Platt stated she was speaking in opposition on behalf of those present in the audience for Case 12 - 08 approximately 18 people Ms Platt stated the property was donated by her family and it is supposed to be used as a place of worship only Ms Platt reported that she and her brother in 2007 , as Trustees of the Fellowship Orthodox Primitive Baptist Church , conveyed the use of the property to Ms Gilleland for the Christian school , and the boarding house use is not acceptable She asked the Board to uphold the original use of the property as a place of worship and not a boarding house Commissioner Carver asked the County Attorney to explain the difference in a Non - Warranty Deed versus a Warranty Deed PagePage pageNumber521 July 2 , 2012 – 6 00 pm Continued County Attorney David Mills explained that a warranty deed is where the seller promises that he or she holds clear title to a piece of property and has the authority to convey and defend title of said property ; whereas , in a non - warranty deed situation , the seller makes no promises as to the ownership Jason Dunigan , 77 Mac Lane , Angier , stated his property backs up to the subject site Mr Dunigan noted the buffers mentioned by Ms Gilleland earlier in the meeting and he asked what the buffer consisted of Mr Dunigan explained there are trees on his property that back up to the subject site and he asked if his trees were considered as part of the buffer Mr Dunigan stated if he decides to cut the trees down , then there would be no buffer Jimmy Bunnell , 159 Mac Lane , Angier , expressed his concerns to the Board regarding the proposed use of the property as well as the buffer in between the site and the surrounding properties Mr Bunnell reported he has concerns as to the type of demographic that may be attracted to a boarding house environment and stated there has to be a measure of safety in place for the surrounding neighborhood Bonnie Honeycutt , 2910 Old Fairground Road , Angier , expressed her concerns over the use of an “ institution ” and asked for an explanation Chairman Mims stated that he believes in this case , “ institution ” means the former school that was located on the property Mr Gray agreed that in this situation “ institution ” is the former school use He noted that halfway houses and or group homes are allowed as a right based on State Statutes ; therefore , if the property owner wished to operate a group home or halfway house , no further permission would be required , according to State law Ms Honeycutt noted the applicant did allow the neighbors to tour the site and she appreciated that ; however , she expressed her concerns with the amount of space in the building being shared by multiple families Ms Honeycutt stated she did not believe the facility is equipped to be a boarding house Brenda Williams , 2748 Old Fairground Road , Angier , spoke in opposition and stated the site is not equipped for a boarding house Ms Williams stated she attended the “ open house meeting ” but they were asked to leave after five minutes Ms Williams expressed her concerns over the accommodations and multiple families sharing the facilities Dwane Wicker , 2599 Old Fairground Road , Angier , and Robert Greene , 2597 Old Fairground Road , Angier , addressed the Board in opposition They spoke on instances with theft in the area and Ms Wicker reported she has had to take special precautions on her property such as security lighting , an alarm system , etc Ms Gilleland readdressed the Board and stated that some of the back tree buffer may be part of the adjacent property owner and if he chooses to cut down those trees one day , she could look at installing a fence Ms Gilleland stated she has been a good neighbor for over five years and she spoke on people being judgmental and expecting bad people to live in the boarding house Ms Gilleland reiterated that she plans to perform background checks on the potential renters At the inquiry Commissioner Braswell , Ms Gilleland confirmed that she lives in the area Jerry Surles , 2765 Old Fairground Road , Angier , spoke in opposition to the request Mr Surles provided a background of the property’s use and stated it should remain as a place of worship Upon questions by Chairman Mims , Mr Gray reported initially , the building did not meet residential code requirements and the applicant has contacted Inspections to bring the facility up to code because it was built as a commercial structure Commissioner Braswell asked about the surrounding zoning Mr Gray reported all the surrounding property is zoned Agricultural Residential , including the existing church which is located on the subject site Mr Gray reported the Planning Board recommended approval of the rezoning request ; however , the Planning Board did recommend denial of the special use permit PagePage pageNumber622 July 2 , 2012 – 6 00 pm Continued There being no further comments , the Chairman closed the Rezoning Hearing for Case 12 - 08 Decision on Rezoning Case 12 - 08 Case 12 - 08 Petition to rezone 100 acre located at 2850 Old Fairground Road SR 1309 in Pleasant Grove Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 13D04016A Owner Applicant Dianne Gilleland Commissioner DeVan Barbour moved the Board conclude and adopt a statement that the rezoning requested is not consistent with the Comprehensive Land Use Plan and is not in the public interest , and further that the petition for rezoning be denied for Case 12 - 08 Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote 3 Public Hearing – Code of Ordinances - Land Development Code Amendment – Internet Sweepstakes Gaming - Advertised – In The Smithfield Herald – June 20 and 27 , 2012 The Chairman opened the public hearing for the purposes of allowing public comment on a proposed amendment to the Code of Ordinances , Land Development Code , as it relates to internet sweepstakes gaming Planning Director Berry Gray explained that the Planning Board had a concern with the number of sweepstakes facilities proposed within close proximity to each other and residential dwellings , especially the impact they pose with regards to parking He reviewed the proposed amendment with the Board , pointing out the three main components , as follows 1 All new facilities shall be located no closer than 1,000 feet from an existing internet sweepstakes gaming facility , and no closer than 1,000 feet from a residential dwelling a The distance shall be measured by straight line from the closest point of the building housing the proposed facility and the building housing the existing facility or dwelling 2 Parking shall be required at 15 off - street parking spaces per two internet gaming terminals 3 A maximum of 50 terminals allowed within each facility Commissioner Tony Braswell asked about ordinances from surrounding municipalities Mr Gray stated many municipalities in other jurisdictions have ordinances that regulate and or require an annual payment per terminal as well as distance requirements Mr Gray reported he is unsure what Johnston County municipalities specifically require in that the use is not yet as popular here as in other areas Commissioner Jeffrey P Carver commented that he believes the Town of Clayton charges an annual fee of 1,000 per terminal Commissioner Carver stated the County presently does not have such a fee or tax ; therefore , when such businesses look at where to locate and see the municipalities are assessing annual fees , then they look to locate within the County’s jurisdiction Mr Gray noted that often , one of the first questions by a prospective internet sweepstakes business is if there is an annual fee per terminal Chairman Allen L Mims , Jr stated he had heard that the State is considering taxing such businesses and he asked where the municipalities were given the authority to tax them Mr Gray stated as he understands , the municipalities are assessing the fee as part of their privilege license Mr Gray stated the Planning Board recommended approval of the ordinance amendment Commissioner DeVan Barbour noted the Planning Board did not discuss implementing a fee on the terminals Commissioners Carver and Braswell commented that they would like to see what other areas are doing At the inquiry of Commissioner Carver , Mr Gray reported several prospective internet sweepstakes gaming businesses have contacted him and the Board could consider adopting the ordinance as submitted with staff bringing back adjustments later on , if needed County Attorney David Mills stated he could research the ordinance and potential fees further with the Planning Department and report back to the Board PagePage pageNumber723 July 2 , 2012 – 6 00 pm Continued Commissioner Carver asked if the County adopts the ordinance as well as chose to assess an annual fee at some point , would the existing sweepstakes gaming businesses be exempt from that fee Mr Mills stated if the Board chose to implement an annual fee when the renewal comes up each year , the annual fee would apply to everyone Mr Gray stated if the Board adopts the ordinance as submitted and then later on wishes to make further adjustments , another public hearing would be scheduled at that time Commissioner Wade M Stewart questioned restricting the distance in between the businesses He asked if there have been problems with disorderly conduct at some of the existing businesses He expressed concerns with possibly treating the internet sweepstakes gaming facilities different from other businesses Chairman Mims asked how staff came to the decision to recommend a distance requirement of 1,000 feet Mr Gray stated staff looked at what other jurisdictions have in their ordinances and 1,000 feet seemed to be the standard distance Chairman Mims stated he could understand implementing the 1,000 feet limit from residential dwellings because many of the operations are open 24 hours per day ; however , he questioned the limitation in a commercial area Ted Godwin , 395 Hawkins Road , Selma , noted that KS Bank has looked into the operations of the internet sweepstakes gaming businesses Mr Godwin reported he recently visited one of the operations to determine what types of payment systems are used He noted no one under the age of 18 is permitted Mr Godwin stated he learned that the customer must open an account and the business does not deal with cash back and forth between with the customer He stated the businesses appear to be very well controlled There being no further comments , the Chairman closed the public hearing Commissioner DeVan Barbour moved the Board approve the amendment as submitted following and instruct staff to research the matter further to ensure consistency with other jurisdictions Commissioner W Ray Woodall seconded the motion which carried by unanimous vote Section 14 - 6 Definitions Add Sweepstakes Internet Gaming Facility Any business enterprise , whether as a principal or accessory use , where persons utilize electronic machines , including but not limited to computers and gaming terminals collectively “ the machines ” to conduct games of chance , including sweepstakes , and where cash , merchandise , or other items of value are redeemed or otherwise distributed , whether or not the value of such distribution is determined by electronic games played or by predetermined odds Electronic gaming operations may include , but are not limited to , internet cafes , internet sweepstakes , electronic gaming machines operations , or cybercafés This does not include any lottery approved by the State of North Carolina Section 14 - 257 Standards Add r Sweepstakes Internet Gaming Facilities 1 All new facilities shall be located no closer than 1,000 feet from an existing internet sweepstakes gaming facility , and no closer than 1,000 feet from a residential dwelling a The distance shall be measured by straight line from the closest point of the building housing the proposed facility and the building housing the existing facility or dwelling 2 Parking shall be required at 15 off - street parking spaces per two internet gaming terminals 3 A maximum of 50 terminals allowed within each facility 4 Public Hearing – Code of Ordinances - Land Development Code Amendment – Commercial Shooting Ranges - Advertised – In The Smithfield Herald – June 20 and 27 , 2012 The Chairman opened the public hearing for the purposes of allowing public comment on a proposed amendment to the Code of Ordinances , Land Development Code , as it relates to commercial shooting ranges Planning Director Berry Gray reported the Planning Board asked staff to provide a proposed ordinance amendment for commercial shooting range standards He stated after researching other county codes , staffPagePage pageNumber824 July 2 , 2012 – 6 00 pm Continued presented an amendment to the Planning Board , which in turn has recommended approval to the County Commissioners Mr Gray pointed out that the proposed amendment would not affect or change the existing Firearms Ordinance which allows for personal shooting on private property with established restrictions Mr Gray reviewed the following amendment with the Board and noted that the strikeouts and bold text are changes recommended by the Planning Board Mr Gray stated the ordinance would apply to shooting ranges that are open to the public He noted the intent is not to prohibit shooting ranges , but rather to prevent them from locating in areas such as a subdivision Mr Gray stated the intent is for commercial shooting ranges to locate in more rural areas where there will be less of an impact on the neighboring property owners Section 14 - 6 Definitions Add Shooting Range Facility Outdoor A public or private facility , including individual shooting ranges , safety fans or shotfall zones , structures , parking areas , and other associated improvements , designed for the purpose of providing a place for the discharge of various types of firearms or the practice of archery Does not include incidental target practice areas on private property , turkey shoots , government facilities , or occasional ‘ sighting - in ’ of firearms Section 14 - 257 Standards Add s Shooting Range Facilities Outdoor 1 Minimum lot size shall be 10 acres or 20 acres 2 Setback from any adjacent property occupied structure in different ownership shall be 300 or 500 linear feet 3 Buffer A 100 foot wide wooded buffer , consisting primarily of evergreen trees and shrubs shall exist or be planted and maintained between the firing area and all adjacent property Firing areas that are greater than 1,000 feet away from the nearest adjacent property in different ownership shall provide a 50 foot buffer with the minimum Class C planting requirements as described in Section 6 of the Johnston County Design Manual 4 Fencing Security fencing shall be provided at a minimum height of 6 ’ to prevent an individual from crossing the property downrange with warning signs posted every 100 feet 5 Backstop Berm must be constructed to sufficient height and thickness so as to stop all rounds fired downrange The NRA Source Book should be used as a guide 6 All bullets , shot , or arrows or any other debris shall be contained on the range facility 7 The maximum downrange safety area for each range and shooting area shall be essentially fan - shaped , with its vertex being 100 yards each side of the end firing point that meets the MILHDBK - 1027 3B or the National Rifle Association Range Manual a The safety area shall not encompass any public right - of - way or other property not owned by the range operator or owner without the express permission of the owner of such other property 8 At least one qualified individual shall be certified for shooting range supervision 9 Each facility shall adopt safety rules and regulations with a copy made available to the Planning Department , including qualifications of the instructor s 10 A site plan shall be provided to include the firing stations and firing lines , target areas , shotfall zones or safety fans , backstops , berms and baffles , existing and proposed structures , setback and buffer areas , driveways , and parking facilities as well as all adjacent properties and structures located immediately adjacent to the firing range facility Commissioner Wade M Stewart questioned items # 4 and # 5 noting that if the berm is constructed sufficiently to stop all rounds fired downrange , then why would a fence be needed Mr Gray stated the berm could be constructed with sufficient height to meet the fencing requirement at the downrange , but side fencing would be constructed to prevent someone from walking into the firing line Commissioner Jeffrey P Carver moved the Board approve the amendment to the Code of Ordinances , Land Development Code , for commercial shooting ranges as submitted following Commissioner W Ray Woodall seconded the motion which carried by unanimous vote Section 14 - 6 Definitions Add Shooting Range Facility Outdoor A public or private facility , including individual shooting ranges , safety fans or shotfall zones , structures , parking areas , and other associated improvements , designed for the purpose of providing a place for the discharge of various types of firearms Does not include incidental target practice areas on private property , turkey shoots , government facilities , or occasional ‘ sighting - in ’ of firearms Section 14 - 257 Standards Add PagePage pageNumber925 July 2 , 2012 – 6 00 pm Continued s Shooting Range Facilities Outdoor 1 Setback from any adjacent occupied structure in different ownership shall be 300 linear feet 2 Buffer A 100 foot wide wooded buffer , consisting primarily of evergreen trees and shrubs shall exist or be planted and maintained between the firing area and all adjacent property Firing areas that are greater than 1,000 feet away from the nearest adjacent property in different ownership shall provide a 50 foot buffer with the minimum Class C planting requirements as described in Section 6 of the Johnston County Design Manual 3 Fencing Security fencing shall be provided at a minimum height of 6 ’ to prevent an individual from crossing the property downrange with warning signs posted every 100 feet 4 Backstop Berm must be constructed to sufficient height and thickness so as to stop all rounds fired downrange The NRA Source Book should be used as a guide 5 All bullets , shot , or arrows or any other debris shall be contained on the range facility 6 The maximum downrange safety area for each range and shooting area shall be essentially fan - shaped , with its vertex being 100 yards each side of the end firing point that meets the MILHDBK - 1027 3B or the National Rifle Association Range Manual a The safety area shall not encompass any public right - of - way or other property not owned by the range operator or owner without the express permission of the owner of such other property 7 Each facility shall adopt safety rules and regulations with a copy made available to the Planning Department , including qualifications of the instructor s 8 A site plan shall be provided to include the firing stations and firing lines , target areas , shotfall zones or safety fans , backstops , berms and baffles , existing and proposed structures , setback and buffer areas , driveways , and parking facilities as well as all adjacent properties and structures located immediately adjacent to the firing range facility 5 Manager Reports and Comments A Authorization for Chairman to Execute Clayton and Smithfield EMS Lease Agreements At the request of the County Manager , upon a motion by Commissioner Tony Braswell , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board authorized the Chairman to execute the Clayton and Smithfield EMS lease agreements that will be needed prior to the August 6 , 2012 Board of Commissioners meeting B Request for Closed Session County Manager Rick Hester requested a closed session - NCGS § 14331811 a 3 – Attorney Client Privilege 6 Board Reports and Comments None 7 Closed Session – NCGS § 143 - 31811 a 3 – Attorney Client Privilege Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board recessed regular session to sit in closed session in accordance with NCGS § 143 - 31811 a 3 – Attorney Client Privilege Action taken in open session Commissioner Cookie Pope moved the Board adjourn closed session and resume regular session Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Board took the following action Easement for the Reclaimed Water System Improvements Schedule A Project Upon a motion by Commissioner Tony Braswell , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board authorized the County Attorney to proceed with eminent domain , if necessary , to acquire the BW Wilson Paper Company , Inc easement required to complete the Reclaimed Water System Improvements Schedule A Project Page026 July 2 , 2012 – 6 00 pm Continued There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote The meeting adjourned at 7 30 pm Allen L Mims , Jr , Chairman Paula G Woodard , Clerk to the BoardPage