September 4, 2012 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 82 Meeting of the Johnston County Board of Commissioners September 4 , 2012 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , September 4 , 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 Due to the large number of people in attendance for the agenda item regarding the second vote on the Code of Ordinance Noise Ordinance Amendment , the Chairman moved the item to be heard before the rezoning cases , as follows 2 Second Vote – Code of Ordinance Amendment – Noise Ordinance Public Hearing held on August 6 , 2012 at the 6 00 pm meeting Chairman Allen L Mims , Jr stated the Board is considering a second vote on an amendment to the noise ordinance Chairman Mims stated in contrary to a lot of e - mails that were sent to the County regarding the noise ordinance amendment , the first vote on the amendment was held after a duly advertised public hearing in which approximately 40 people were in attendance Chairman Mims stated since the August public hearing , the County has received approximately 350 e - mails and the majority of those e - mails were cut and pasted material that was sent out by the National Rifle Association and Grassroots North Carolina He noted there were some original e - mails and those are the ones that he appreciated receiving because if there is a problem , then the Commissioners want to look for solutions , rather than just reading the same thing over and over Chairman Mims stated he understands that a lot of people are in attendance expecting to speak ; however , the public hearing was already held last month and he believes that after receiving 350 e - mails , there is not much else that can be added from what the Board has already heard Chairman Mims noted a lot of the e - mails came from out - of - county residents and the Board of Commissioners serve the citizens of Johnston County Chairman Mims stated many of the e - mails received were similar in that individuals expressed their opposition to anything that would inhibit their shooting practices regardless of their neighbors ’ wishes or expectations to enjoy their own homes and yards Chairman Mims stated the ordinance amendment is about living with your neighbor and being respectful and getting along He stressed the ordinance amendment is a noise ordinance and is not a ban on shooting He added the County is also not trying to ban all terrain vehicles ATV , motorcycles , or music ; however they are also mentioned in the noise ordinance amendment Chairman Mims stated just because someone hears loud music , loud vehicles , or gunshots does not mean it is a violation He clarified that the ordinance amendment under consideration states the noise has to be deemed unreasonably loud or disturbing in which the noise is “ substantially incompatible with the time and location where created to the extent that it creates an actual or imminent interference with peace , order , or calm of the area ” Chairman Mims also stated he received a lot of e - mails that referenced North Carolina General Statute 14 - 40946 regarding sport shooting ranges and he asked the County Attorney to comment County Attorney David Mills stated that NCGS 14 - 40945 defines a sport shooting range as an area designed and operated for the use of rifles , shotguns , pistols , silhouettes , skeet , trap , black powder , or any other similar sport shooting He continued that NCGS 14 - 40946 makes it clear that a sport shooting range that is operated and is not in violation of existing law at the time of the enactment of an ordinance and was in existencePage83 September 4 , 2012 – 6 00 pm Continued at least three years prior , shall be permitted to continue in operation even if the operation of the sport shooting range at a later date does not conform to the new ordinance or an amendment to an existing ordinance , provided there has been no substantial change in use Mr Mills stated he has researched the statute and it is his estimation that a legitimate sport shooting range that is designed and operated is a commercial enterprise and if it has been in existence for more than three years then the noise ordinance amendment being considered would not apply Chairman Mims stated he also heard that people were saying turkey shoots would not be allowed ; however , he noted that if a group or individual wanted to hold a turkey shoot , they would have to obtain the proper approval through the Planning Department who would ensure that the zoning and safety requirements would be met Chairman Mims asked the County Attorney to clarify the noise ordinance amendment further Mr Mills stated in his review of the e - mails received regarding the amendment , it appeared that many of the concerns dealt with Section 12 - 33 11 which states “ noise from the discharge of a firearm or firearms when the firearm is being used to take birds or animals pursuant to NC Gen Stat Chapter 113 , Subchapter IV , or when lawfully used in defense of person or property , or when used pursuant to lawful directions of law - enforcement officers ” Mr Mills stated the language makes it clear that the ordinance would not regulate the discharge of firearms when used in those circumstances ; however , in the e - mails he received , many people took the position that those circumstances were the only times when one could discharge a firearm , which is not the case Mr Mills stressed that nowhere in the ordinance amendment does it state that one cannot fire a gun He continued that what the ordinance amendment says is that one cannot fire a weapon which would create an unreasonably loud and disturbing noise as defined in the ordinance He stated the ordinance treats the discharge of a firearm just like any other noise and the discharge of a firearm in and of itself does not constitute a violation If any noise is determined to be unreasonably loud or disturbing , then and only then would it be a violation Mr Mills continued that in determining whether a noise is unreasonably loud or disturbing , a judge or jury must consider those factors stated in the ordinance such as the time of day ; proximity to residential structures ; whether the noise is consistent with the nature of the surrounding area ; whether the noise is recurrent , repetitive , intermittent , or constant ; the volume or intensity of the noise ; whether the noise has been enhanced in volume or range by any type of mechanical , electronic , or other similar means ; the nature and zoning of the area ; and so on Mr Mills stated if a neighbor plays his her music so loud , so constantly , so repetitively , and so inconsistently with the nature of the surroundings such that the music is unreasonably loud and disturbing , then he believes everyone would agree that firing a weapon in an equally intense manner would also be considered an unreasonably loud and disturbing noise Mr Mills stated he has received several comments concerning the discretion being placed in the hands of the Sheriff to determine if a noise is considered unreasonably loud and disturbing ; however , he pointed out that those concerns are a misunderstanding of how the laws operate in the State of North Carolina Mr Mills explained that when charges are brought , a judge or jury , and not the Sheriff , must determine beyond a reasonable doubt that the noise created , whether from a firearm or some other source , constitutes an unreasonably loud and disturbing noise as defined by the ordinance Mr Mills stated by amending the ordinance to provide definitions and factors to be considered , the ordinance becomes clear and therefore , more enforceable Mr Mills stressed that the purpose of this ordinance , as he has attempted to draft the language , is not to infringe on the rights of any citizen but rather it is written to protect a person’s right to lawfully fire a weapon while at the same time respecting and protecting the rights of all citizens to the quiet enjoyment of their homes Chairman Mims reiterated that just because a person hears a gunshot , loud motorcycle going down the street or loud music from a passing car , that does not mean it is a violation of the ordinance He stressed that factors such as proximity to residential structures , duration , whether the noise is recurrent , etc would determine if the noise is a violation Comments and Motion by Commissioner DeVan Barbour Commissioner DeVan Barbour stated he appreciates all the comments that were received , and he stressed that the attempt is not to change anything with the firearms ordinance , but rather it is a change to the noise ordinance Commissioner Barbour commented that as the language is currently written , there are references to the discharge of firearms which could be misconstrued or read in many different ways He reminded everyone that the discharge of firearms is only one of the many situations that the County is receiving complaints about concerning noise and nuisance ; therefore , the Board is considering an amendment to the noise ordinance Page84 September 4 , 2012 – 6 00 pm Continued Commissioner Barbour moved the Board adopt the noise ordinance amendment and delete Section 12 - 32 d 6 that states “ the discharge of a firearm or firearms in such a manner as to create an unreasonably loud or disturbing noise as defined or contemplated in this section It shall not be a defense to a violation of this section that the discharge of the firearm is in compliance with Section 16 - 3 ” Commissioner Barbour pointed out that by deleting Section 12 - 32 d 6 , it does not mean an individual cannot violate the noise ordinance with a firearm ; however , he stated that he believes everyone understands the difference between being considerate and disturbing the peace Second and Vote Commissioner Tony Braswell seconded the motion which carried by unanimous vote Adopted ordinance amendment text follows Sec 12 - 31 - Penalties The violation of this ordinance shall be punished as provided under NC G S § 14 - 4 Any person or corporation or other legal entity violating this ordinance shall be guilty of a Class 3 misdemeanor and shall be fined not more than five hundred dollars 50000 A first violation of this ordinance shall be punishable by a fine of not less than 5000 ; a second violation shall be punishable by a fine of not less than 15000 ; and a third violation , or more , each shall be punishable by a fine of not less than 50000 Sec 12 - 32 - Loud and disturbing noise a Subject to the provisions of this article , the creation , causing , or allowing of any unreasonably loud or disturbing noise in the county is prohibited and unlawful b For the purposes of this section , the following definitions shall apply l Unreasonably Loud Noise which is substantially incompatible with the time and location where created to the extent that it creates an actual or imminent interference with peace , order , or calm of the area or which is obnoxious to or unreasonably disturbing to a person whose residence , work or commercial enterprise is within a reasonable proximity to the point , place or person from which such noise is emanating or emanated and the noise is such a kind , nature , duration or extent that a reasonable person would consider the noise to be unreasonably loud or disturbing 2 Disturbing Noise which is perceived by a person of reasonable and ordinary firmness and sensibilities as interrupting the normal peace , order , or calm of such person or persons or that of the proximal area or tending to annoy , disturb , or frighten such persons in such proximity to the point , place or person from which such noise is emanating or emanated that a person of reasonable and ordinary firmness and sensibilities would reasonably be or reasonably be expected to be disturbed in his or her use , occupation , or pursuits c In determining whether a noise is unreasonably loud or disturbing , the following non - exclusive factors incident to such noise are to be considered Time of day ; proximity to residential structures ; whether the noise is consistent with the nature of the surrounding area that is , within a reasonable degree of proximity such that the noise could reasonably be expected to affect the persons or persons who occupy , live or dwell in such proximity ; the range or distance from the point of emanation that the sound may be unreasonably loud or disturbing ; whether the noise is recurrent , repetitive , intermittent , or constant ; the volume or intensity of the noise ; whether the noise has been enhanced in volume or range by any type of mechanical , electronic , or other similar means ; the nature and zoning of the area ; whether the noise is related to the normal operation of a business or other labor activity , whether the noise is subject to being controlled without unreasonable effort or expense to the creator or person or entity causing or allowing the emanation of such noise ; and any other factor which reasonably should be considered in determining whether a noise is unreasonably loud or disturbing d The following acts , among others , are declared to be loud and disturbing noises in violation of this article , but such enumeration shall not be deemed to be exclusive 1 The use of any loud , boisterous or raucous language or shouting so as to annoy or disturb the quiet , comfort or repose of persons in the vicinity or otherwise to be a loud or disturbing noise as defined under this ordinance ;Page85 September 4 , 2012 – 6 00 pm Continued 2 The sounding of any horn or signal device on or from any automobile , motorcycle , bus or other vehicle , except as a danger signal or as required by law , so as to create any unreasonably loud or harsh sound ; or the sounding of such device for an unreasonable period of time 3 The playing of any radio , television set , record player , musical instrument or sound - producing or sound - amplifying device in such manner or with such volume , particularly , but not limited to , the hours between 11 00 pm and 7 00 am , as to annoy or disturb the quiet , comfort or repose of persons of reasonable and ordinary firmness and normal sensibilities in any dwelling , motel , hotel or other type of residence 4 The keeping of any animal , except livestock and poultry maintained and kept consistent with the zoning applicable to the property where kept , which by causing frequent or long continued noise on a regular basis , shall disturb the comfort and repose of any person of reasonable and ordinary firmness and sensibilities in the vicinity or which may otherwise be an unreasonably loud or disturbing noise as defined under this ordinance With respect to this subsection only , if the violation continues or complaints are received from other households , the owner shall be granted ten working days to remedy and rectify the situation before issuance of a citation 5 The use of any automobile , motorcycle , ATV or other motor vehicle or vehicle of any kind which may be so out of repair , so modified from factory settings or equipment , and or so loaded or operated in such manner , as to create loud grating , grinding , rattling or other noise caused by or emanating from such vehicle or its operation or which otherwise shall be , create or cause an unreasonably loud or disturbing noise as defined under this ordinance 6 The discharge of a firearm or firearms in such a manner as to create an unreasonably loud or disturbing noise as defined or contemplated in this section It shall not be a defense to a violation of this section that the discharge of the firearm is in compliance with Section 16 - 3 e Enforcement The violation of this ordinance shall be punished as provided under NC G S § 14 - 4 Any person or corporation or other legal entity violating this ordinance shall be guilty of a Class 3 misdemeanor and shall be fined not more than five hundred dollars 50000 A first violation of this ordinance shall be punishable by a fine of not less than 5000 ; a second violation shall be punishable by a fine of not less than 15000 ; and a third violation , or more , each shall be punishable by a fine of not less than 50000 Sec 12 - 33 - Exceptions The following are exempt from the provisions of this article 1 Noises generated , made or created during the regular operations of a manufacturing or industrial facility , defined as any premises where goods or wares are made , processed , warehoused or stored or where manufacturing is legally permitted and carried on and the owner of such manufacturing or industrial facility takes or has taken reasonable steps not to cause , create or allow unreasonably loud or disturbing noise not necessarily inherent to such manufacturing or industrial facility 2 Noises generated , made or created by fire , law enforcement , ambulance , rescue or other emergency vehicles while such vehicles are engaged in their proper functions 3 Parades , fairs , circuses , other similar public entertainment events , sanctioned sporting events , athletic contests , sporting events and sporting activities taking place in areas set aside for such activities , or any activities normally associated with any of the above , when such events and activities take place between the hours of 7 00 am and 11 00 pm After 11 00 pm , persons engaged in these events and activities who create or allow noise which is prohibited by section 12 - 32 shall be in violation of this article or of such ordinance 4 Construction operations for which building permits have been issued or construction operations not requiring permits due to ownership of the project by an agency of government ; provided all equipment is operated in accordance with manufacturers specifications and with all standard equipment , manufactures mufflers and noise - reducing equipment in use and in proper operating condition 5 All noises coming from the normal operations of properly equipped aircraft , not including scale model aircraft 6 Lawnmowers and agricultural equipment and landscape maintenance equipment when operated with all the manufacturers standard mufflers and noise - reducing equipment in use and in reasonable operating condition PagePage pageNumber586 September 4 , 2012 – 6 00 pm Continued 7 Emergency work necessary to restore property to a safe condition following a fire , accident or natural disaster , or to restore public utilities , or to protect persons or property from an imminent danger 8 Noises resulting from the provision of government services 9 Noise from noisemakers and fireworks on holidays or at times allowed under a pyrotechnics permit issued pursuant to GS 14 - 410 et seq 10 Noise from trains and associated railroad rolling stock when operated in proper repair and manner 11 Noise from the discharge of a firearm or firearms when the firearm is being used to take birds or animals pursuant to NC Gen Stat Chapter 113 , Subchapter IV , or when lawfully used in defense of person or property , or when used pursuant to lawful directions of law - enforcement officers The Board took a 10 minute recess 3 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – August 22 and 29 , 2012 Certified letters were mailed to adjoining property owners on August 20 , 2012 Notices were posted at the locations on July 2 , 2012 for Cases 09 - 21 Mod , 12 - 09 , and 12 - 14 The Chairman opened the Special Use Hearing for Case 09 - 21 MOD Case 09 - 21 MOD A request to modify the Special Use Permit for 539 acres zoned Industrial 1 - Special Use District I1 - SUD located at 452 Eatmon Road in O’Neal’s Township This modification request is to allow for mini - storage and automotive repair and automotive paint and body in addition to the existing Special Use for construction of a contractor’s office and storage yard Tax ID 11L03199K Owner Applicant John Henry Eatmon Those wishing to speak on Special Use Case 09 - 21 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 539 acres zoned Industrial 1 - Special Use District located at 452 Eatmon Road in O’Neal’s Township The modification request is to allow for mini - storage and automotive repair and automotive paint and body in addition to the existing special use for construction of a contractor’s office and storage yard Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 09 - 21 MOD on March 28 , 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 July 17 , 2012 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 09 - 21 MOD and made the following recommendations Upon a motion by Mr Summerlin to approve the modification with the addition to Condition # 11 , seconded by Ms Hackler , and carried by a vote of 5 - 2 with Gathers and DeLaine opposed , the Planning Board recommended approval of th , 2012 the modification for Case 09 - 21 at the Planning Board meeting on July 17 Statement This request is consistent with the Comprehensive Land Use Plan in that it is accessory to an existing use and can be limited in scope through the use of conditions to blend in with a rural , low density area However , the site does not appear to be in compliance with previous approved conditions and the impact to neighboring property owners is in question Finding of Facts for the Special Use Permit PagePage pageNumber687 September 4 , 2012 – 6 00 pm Continued 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 We plan to add storage units to property and an auto repair shop to approved contractors yard Staff The current zoning allows for light industrial development which could have a greater impact on public health and safety than the proposed modification uses In addition , the property will be subject to special use conditions which will ensure that the development maintains the public health , safety and general well being of the community However , it does not appear to be in current compliance with existing conditions 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 have existing natural vegetation buffering on site We will abide by any rules as needed Staff This development will comply with the use and intensity regulations as set forth in the Land Development Code Since this will have special use conditions , the proposed development will be limited based on the conditions of approval However , it does not appear to be in current compliance with existing conditions 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 used natural vegetation to help the blend into the area The scale of our development is compatible with the area Staff A natural buffer exists on all property lines which will be used or in combination with , the required landscape requirements However , it does not appear to be in current compliance with existing conditions 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 We would like to provide these services to people in the neighborhood 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 However , it does not appear to be in current compliance with existing conditions Specific Land Uses APPLICANT Contractors office and storage yard , office , mini - storage , automotive repair paint body Special Use Conditions 1 Permitted Uses Contractors office and storage yard , mini - storage , automotive repair , and automotive paint & body 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 Existing natural vegetation is acceptable in lieu of the Class B buffer 1 large trees , 2 small trees and 6 shrubs every one hundred 100 linear feet A Class B landscape buffer shall be installed along all rezoning lines where existing vegetation is not equal or more intense to a Class B buffer 5 Storage yard shall be fenced , required buffering shall be on the outside of the fencing In addition to the required buffering , a row of evergreen trees such as Leyland cypress shall be planted outside the fence along the Betty Faye Perry property line north as well as in front of the fence between the office and the Perry property line Gate opening shall be recessed setback to prevent trucks from blocking road 6 All signage shall comply with the sign code limited to a 60sf ground or monument sign only 7 All buildings and or structures if any must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 8 Lighting if any shall be dark sky and engineered so as not to shine onto adjacent properties 9 Contractors Office Hours of operation 6 00am - 8 00pm Monday – Saturday except in the occurrence of line break or similar emergency 10 Automotive Repair Hours of operation 6 00am - 8 00pm Monday – Saturday 11 Shall be limited to 10 vehicles awaiting repair or pick up stored behind an opaque fence 12 Mini - Storage Hours of operation 24 hours a day 7 days a week with key code access to security gate Mr Gray reviewed the special use conditions with the Board He stated there was a contractor’s office on site which has since closed Mr Gray reported staff did have initial concerns with the appearance of the site ; however , since the former business moved off the property , the applicant has taken measures to clean up the site Mr Gray stated the applicant is also requesting to add “ business office ” to the list of uses allowed At the inquiry of Chairman Allen L Mims , Jr , Mr Gray confirmed that all the uses being requested are allowed in the Industrial - 1 zoning district Applicant John Eatmon , 5875 Applewhite Road , Wendell , stated he is pursuing the modification so he can find a use for the property to generate income Mr Eatmon also asked the Board to consider allowing 20 vehicles awaiting repair rather than 10 Mr Eatmon confirmed that he is satisfied with the remaining proposed special use conditions Mr Gray stated the Planning Board recommended approval PagePage pageNumber788 September 4 , 2012 – 6 00 pm Continued There being no further comments , the Chairman recessed the Special Use Hearing for Case 09 - 21 MOD Decision on Special Use Case 09 - 21 MOD Case 09 - 21 MOD A request to modify the Special Use Permit for 539 acres zoned Industrial 1 - Special Use District I1 - SUD located at 452 Eatmon Road in O’Neal’s Township This modification request is to allow for mini - storage and automotive repair and automotive paint and body in addition to the existing Special Use for construction of a contractor’s office and storage yard Tax ID 11L03199K Owner Applicant John Henry Eatmon Based on the findings of facts and revised special use conditions as listed below , Commissioner W Ray Woodall moved the Board approve the modification to the special use permit for Case 09 - 21 MOD for 539 acres zoned Industrial 1 - Special Use District located at 452 Eatmon Road in O’Neal’s Township to allow for business office , mini - storage and automotive repair and automotive paint and body in addition to the existing special use for construction of a contractor’s office and storage yard , and changing the limit of allowed vehicles awaiting repair to 20 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 Permitted Uses Contractors office and storage yard including business office , mini - storage , automotive repair , automotive paint and body 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 Existing natural vegetation is acceptable in lieu of the Class B buffer 1 large trees , 2 small trees and 6 shrubs every one hundred 100 linear feet A Class B landscape buffer shall be installed along all rezoning lines where existing vegetation is not equal or more intense to a Class B buffer 5 Storage yard shall be fenced , required buffering shall be on the outside of the fencing In addition to the required buffering , a row of evergreen trees such as Leyland cypress shall be planted outside the fence along the Betty Faye Perry property line north as well as in front of the fence between the office and the Perry property line Gate opening shall be recessed setback to prevent trucks from blocking road 6 All signage shall comply with the sign code limited to a 60sf ground or monument sign only 7 All buildings and or structures if any must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 8 Lighting if any shall be dark sky and engineered so as not to shine onto adjacent properties 9 Contractors Office Hours of operation 6 00am - 8 00pm Monday – Saturday except in the occurrence of line break or similar emergency 10 Automotive Repair Hours of operation 6 00am - 8 00pm Monday – Saturday 11 Shall be limited to 20 vehicles awaiting repair or pick up stored behind an opaque fence 12 Mini - Storage Hours of operation 24 hours a day 7 days a week with key code access to security gate The Chairman opened the Rezoning Hearing for Case 12 - 09 Case 12 - 09 Petition to rezone a 134 acre portion of a 725 acre tract located at 7433 Elevation Road in Elevation Township from General Business GB to Agricultural Residential AR Tax ID 07D06009N Owner Applicant Barbara L Sorrell Planning Director Berry Gray stated the petition is to rezone a 134 acre portion of a 725 acre tract located at 7433 Elevation Road in Elevation Township from General Business to Agricultural Residential Mr Gray reported the request is a down - zoning and noted the former business on the site is no longer in operation and the family has no intentions to use the property for business 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 Jan Burton , representing the applicant , 7433 Elevation Road , Benson , asked for the Board to approve the request She stated they could not continue the business on the site and they may put a mobile home on the property at some point Mr Gray reported the Planning Board recommended approval PagePage pageNumber889 September 4 , 2012 – 6 00 pm Continued There being no further comments , the Chairman recessed the Rezoning Hearing for Case 12 - 09 Decision on Rezoning Case 12 - 09 Case 12 - 09 Petition to rezone a 134 acre portion of a 725 acre tract located at 7433 Elevation Road in Elevation Township from General Business GB to Agricultural Residential AR Tax ID 07D06009N Owner Applicant Barbara L Sorrell Commissioner Tony Braswell moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the public interest , and further that the petition for rezoning case 12 - 09 to rezone a 134 acre portion of a 725 acre tract located at 7433 Elevation Road in Elevation Township from General Business to Agricultural Residential be approved Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 12 - 14 Case 12 - 14 Petition to rezone 196 acres of a 78 acre tract located at 3025 Allen’s Crossroads Road SR 1158 in Banner Township from Agricultural - Residential AR to Resort - Residential - Special Use District RR - SUD Tax ID 01F11008A , 01G11095 , 01G11095A , 01G11095B , and 01G11095E Owner Applicant Trenton Glen Tucker and Hollie Tucker Winters Planning Director Berry Gray stated the petition is to rezone 196 acres of a 78 acre tract located at 3025 Allen’s Crossroads Road in Banner Township from Agricultural - Residential to Resort - Residential - Special Use District He noted the special use request associated with the rezoning Mr Gray reported the existing land use is zoned Agricultural Residential and is vacant but does tie into a previously zoned area that allows for Resort Residential He stated the subject site would be added on to the previously zoned property which is being developed in stages for a campground The surrounding land uses are zoned Agricultural Residential and used for such purposes as well as the Tucker Lake Resort ; Interstate Highway Interchange and includes Benson Town zoning ; and Industrial 1 and currently vacant The area is located within a “ 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 Applicant Hollie Tucker Winters , 2908 Allen’s Crossroads Road , Four Oaks , noted the adjacent property that is already approved for a campground and stated they are presently in the development stages She reported the water and sewer is served by the Town of Benson Mr Winters stated they would like to expand the campground area and feel it is a good opportunity to bring in additional revenue to the County Ms Winters noted the campground will have rules and regulations and there will be no tent camping , only RVs She stated there will be a bath house at some point Kelvin Morgan , 1502 Morgan Road , asked the Board to approve the Planning Board’s recommendations requiring a fence Chairman Allen L Mims , Jr noted the Board would consider the special use conditions during that portion of the hearing , if the rezoning is approved Mr Gray reported the Planning Board recommended approval Commissioner Wade M Stewart asked about access for emergency vehicles Mr Gray confirmed that there is proper access for emergency vehicles through Allen’s Crossroads Road He also noted that as part of the final approval through the Planning Department , the request is sent to the Fire Marshal’s Office for review to ensure the responding fire department has no concerns There being no further comments , the Chairman closed the Rezoning Hearing for Case 12 - 14 Decision on Rezoning Case 12 - 14 Case 12 - 14 Petition to rezone 196 acres of a 78 acre tract located at 3025 Allen’s Crossroads Road SR 1158 in Banner Township from Agricultural - Residential AR to Resort - Residential - Special Use District RR - SUD Tax ID 01F11008A , 01G11095 , 01G11095A , 01G11095B , and 01G11095E Owner Applicant Trenton Glen Tucker and Hollie Tucker Winters PagePage pageNumber990 September 4 , 2012 – 6 00 pm Continued Commissioner W Ray Woodall moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the public interest , and further that the petition for rezoning case 12 - 14 to rezone 196 acres of a 78 acre tract located at 3025 Allen’s Crossroads Road in Banner Township from Agricultural - Residential to Resort - Residential - Special Use District be approved Commissioner Tony Braswell seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 12 - 14 Case 12 - 14 To allow for the operation of a campground Owner Applicant Trenton Glen Tucker and Hollie Tucker Winters Those wishing to speak on Special Use Case 12 - 14 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 campground Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 12 - 14 on May 31 , 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 July 17 , 2012 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 12 - 14 and made the following recommendations Upon a motion by Mr Gathers for approval of the rezoning of Case 12 - 14 , seconded by Ms Hackler , with a vote of 6 - 1 , with DeLaine opposed , the Planning Board recommended approval of the Rezoning for Case 12 - 14 based on the following consistency statement Statement This request is consistent with the Comprehensive Land Use Plan in that it is suited for a low - medium density area with similar residential and recreational activities within close proximity 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 Upon a motion by Mr Gathers for approval of the Special Use Conditions with the addition of dark sky lighting and 6 ’ security fence along parts of the east property line and south property line , of Case 12 - 14 , seconded by Ms Hackler , with a vote of 6 - 1 , with DeLaine opposed , the Planning Board approved the conditions of the Special Use th Permit of Case 12 - 14 at the July 17 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant There is a chain link fence located between the campground and the Tucker Lake resort amenities with a gate limiting access to the waterfront The speed limit through the campsite areas is not to exceed 5 miles per hour Quiet hours of 11 00 pm to 7 00 am have been established Personnel will be on site at all times that the campground is open Staff The applicant will continue to operate the existing campground and will be subject to special use conditions and the 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 There is an existing sewer system on site connected to the Town of Benson County water is available The campground will comply with all Johnston County campground rules and regulations in the development as well as with state and federal laws Page091 September 4 , 2012 – 6 00 pm Continued Staff The proposed campground appears to comply with all requirements of the Land Development Code , along with the intended use of the Resort Residential District which is to “ ensure that the principal use of the land is for low - medium density seasonal residential recreational purposes ” 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The site is located at the dead end of Allen’s Crossroads Road when the road was split during construction of Interstate 40 There are no other residences on the adjoining property other than the owner of the campground The adjoining uses are agriculture , campground and picnic areas , and an access way to Tucker Lake The campground will be operated on a seasonal basis at this time There are no known traffic issues Part of the land for this campground was purchased from Mr Sherrill Peacock , who is the other adjoining landowner There is a need for campsite space along Interstate 40 At present , this is the only privately owned campground located along Interstate 40 between Greensboro and Wallace Staff This use has been operating since 2007 and with regular hours of operation and the special use conditions required by the Boards , it 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 Part of this land is already zoned IHI and allows the use of a campground However , there is no direct access from the Interstate to this land The zoning staff recommended a zoning of RR because it was not desirable to extend the IHI district and also because the adjoining property is already zoned RR Johnston County wants new businesses and wants to encourage visitors to our area There are over 29 million RV owners and active campers spending an average of 60 day as a family for 265 nights per year , the contribution from this segment of the population is over 20 billion annually ” Source The American Camper Profiles and Perspectives Some of that money can be spent here in Johnston County at our restaurants and shopping centers Development in Johnston County has been spread throughout the once rural area This would push some development to the towns Part of Mr Tucker’s land is in the county jurisdiction and part is in the Town of Benson’s ETJ 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 To allow for the operation of a campground Special Use Conditions 1 Permitted Uses The operation of a campground 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B Landscape Buffer along all rezoning lines 2 large tree , 3 small tree , and 9 shrubs every one hundred 100 linear feet , unless existing vegetation exist equal or greater to a Class B Buffer 5 Quiet hours will be from 11 00pm - 7 00am 6 Signage must comply with previously approved sign criteria set forth in case 07 - 10 7 Personnel must be on site at all times that the campground is open 8 Provide a copy of appropriate liability insurance to the Planning Department staff 9 Dark sky lighting shall be used and designed so as to not shine onto adjacent properties 10 A 6 ’ tall security fence shall be installed along the east property line from the recreation area to the southeast corner and along the south property line including the property labeled as future development Mr Gray listed and reviewed the special use conditions with the Board Commissioner Cookie Pope stated there had been some concerns about security ; however , she noted the special condition requiring personnel to be on site at all times Applicant Hollie Tucker Winters , 2908 Allen’s Crossroads Road , Four Oaks , confirmed that they are satisfied with the special use conditions Kelvin Morgan , 1502 Morgan Road , who expressed concerns regarding fencing during the rezoning portion of the hearing confirmed that he was satisfied with the special conditions Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 12 - 14 Decision on Special Use Case 12 - 14 Case 12 - 14 To allow for the operation of a campground Owner Applicant Trenton Glen Tucker and Hollie Tucker Winters Based on the findings of facts and special use conditions , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 12 - 14 to allow for the operation of aPage192 September 4 , 2012 – 6 00 pm Continued campground on 196 acres of a 78 acre tract located at 3025 Allen’s Crossroads Road in Banner Township Commissioner W Ray Woodall 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 The operation of a campground 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B Landscape Buffer along all rezoning lines 2 large tree , 3 small tree , and 9 shrubs every one hundred 100 linear feet , unless existing vegetation exist equal or greater to a Class B Buffer 5 Quiet hours will be from 11 00pm - 7 00am 6 Signage must comply with previously approved sign criteria set forth in case 07 - 10 7 Personnel must be on site at all times that the campground is open 8 Provide a copy of appropriate liability insurance to the Planning Department staff 9 Dark sky lighting shall be used and designed so as to not shine onto adjacent properties 10 A 6 ’ tall security fence shall be installed along the east property line from the recreation area to the southeast corner and along the south property line including the property labeled as future development 4 Manager Reports and Comments A Request from Johnston Community College Tabled from the 10 00 am meeting Per a request by Johnston Community College , upon a motion by Commissioner Tony Braswell , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board allocated funds in the amount of 16,525 from Capital Outlay for Johnston Community College to cover the cost of the 12 raise for the College State employees that are locally funded B Funding for Economic Development Office Natural Gas Study Tabled from the 10 00 am meeting Following brief discussion regarding the need for a natural gas study that was discussed during the 10 00 am meeting , upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the County Manager’s recommendation to appropriate 10,000 from the Economic Development General Fund and 63,000 from Non - Departmental Capital Outlay to cover the remaining funds needed to complete a comprehensive natural gas study for Johnston County The total cost of the study is 113,000 with 40,000 already budgeted by the Economic Development Corporation Commissioner Jeffrey P Carver questioned the funds in the Economic Development Corporation’s account and asked to see copies of the financial information as well as documentation from the revolving loan program administered by the Corporation 5 Board Reports and Comments Commissioner Tony Braswell noted that he had received data from EMS Division Chief Josh Holloman on the number of calls run by Johnston County EMS in several of the EMS districts Commissioner Braswell stated he would share that information with the Commissioners 6 NC Stop Torture Now Allyson Caison , 312 N Massey Street , Selma , North Carolina addressed the Board regarding public records requests for documents from the Airport Authority Ms Caison reported the Airport Manager Ray Blackmon informed her that the documents she requested were available for pickup ; however , there was a cost of 63738 for the documents Ms Caison further reported that she and other NC Stop Torture Now representatives were prevented from reviewing the documents on site until they paid the 63738 Ms Caison expressed concerns with the cost for the documents as well as her feelings that they are being charged for information that they did not request Following discussion , the County Attorney and County Manager reported they would look into the matter Page293 September 4 , 2012 – 6 00 pm Continued 7 Letter from James S Whitlock , Oak Ridge Subdivision Resident James S Whitlock , 121 Oak Ridge Drive , Willow Spring , Oak Ridge Subdivision , submitted a letter to the Board of Commissioners dated September 4 , 2012 subject “ Noise Ordinance Johnston County Code of Ordinance – Sec 12 - 32 Loud and Disturbing Noise Mr Whitlock requested to submit the letter for the record There being no further business , Commissioner Tony Braswell moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The meeting adjourned at 7 20 pm Allen L Mims , Jr , Chairman Paula G Woodard , Clerk to the BoardPage