December 3, 2012 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 184 Meeting of the Johnston County Board of Commissioners December 3 , 2012 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , December 3 , 2012 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Vice Chairman Tony Braswell , Cookie Pope , Allen L Mims , Jr , Wade M Stewart , DeVan Barbour , and Ted G Godwin Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , and County Attorney David F Mills Chairman Jeffrey P Carver 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 – November 21 and 28 , 2012 Certified letters were mailed to adjoining property owners on November 16 , 2012 Notices were posted at the locations on October 4 , 2012 for Cases 12 - 21 and 12 - 22 The Chairman opened the Rezoning Hearing for Case 12 - 21 Case 12 - 21 Petition to rezone a 147 acre tract located at 11609 NC Hwy 50 North in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13D04056I Owner William P Bristle Applicant William P Bristle Planning Director Berry Gray stated the petition is to rezone a 147 acre tract located at 11609 NC Hwy 50 North in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District Mr Gray noted the accompanying special use permit to allow for automotive and mechanical repair , automotive sales and display as well as open storage for RV’s and boats Mr Gray stated the applicant has expressed his intentions to remove automotive and mechanical repair from the special use permit request ; however , the applicant will need to confirm that intention during his remarks The surrounding zoning is Agricultural Residential for a residential subdivision ; nearby is Community Business and currently used for automotive sales ; General Business – Special Use District parcels which are currently vacant ; Agricultural Residential – Special Use District and used for seasonal sales ; Mobile Home Park District and currently being used for a mobile home park ; and General Business but currently being used for agriculture 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 At the inquiry of Chairman Jeffrey P Carver , Mr Gray confirmed that the property directly across from the subject site on NC Hwy 50 was zoned General Business – Special Use District for a carwash , mini storage , and open storage in 2006 , but it is presently vacant Mr Gray stated the special use permit for that property is still valid for at least another year Commissioner Wade M Stewart asked how the request came to the Planning Department Mr Gray reported the property was brought to staff’s attention as a possible zoning violation by neighboring property owners who complained about noise from automotive repair work Applicant William Bristle , 18 Carousel Court , Angier , stated he has lived in Johnston County for 20 years and has operated a small business for approximately 15 years Mr Bristle explained that he purchased the property as an investment with plans to start another small business eventually He acknowledged there was opposition from the neighbors at the Planning Board meeting ; however , he stated that prior to the Planning Board meeting , he had not heard any complaints from the neighbors Mr Bristle stated he could understand the neighbors ’ concerns and after the Planning Board meeting he sent them a letter in an effort to communicate andPage185 December 3 , 2012 – 6 00 pm Continued resolve those concerns Mr Bristle submitted a copy of the letters he sent to the neighbors to the Board for their review Mr Bristle reported he has received no response from the neighbors Mr Bristle confirmed that he would like to remove automotive and mechanical repair from the special use permit request to lessen the impact on the neighbors Mr Bristle stated the northern end of the property is vacant and open and he feels it would be a good place for people who live in subdivisions to store their boats or RV’s Commissioner Stewart asked who installed the 8 ft opaque fence at the property line Mr Bristle stated the fence was installed by the neighbors before he purchased the property due to issues they were having with the previous property owners Chairman Carver asked how the property was previously used Mr Bristle responded the property had a single wide mobile home on it previously which he has since removed Peggy Jones , 120 Brett Circle , Benson , addressed the Board and submitted photographs of the subject site Ms Jones stated she is concerned over the proposed rezoning because of possible environmental impacts Ms Jones stated she is served by well water and she is concerned over fluids leaking from the automobiles and contaminating her well water Ms Jones also stated the applicant has hauled in fill dirt on his property so that his property is now higher than hers which could allow for runoff Commissioner Tony Braswell asked Ms Jones if the applicant agrees to remove automotive and mechanical repair from the special use request would she still be opposed to the rezoning Ms Jones responded that she would still have concerns due to the applicant’s plans to store boats and RV’s on the property Commissioner Allen L Mims , Jr asked Ms Jones why she chose not to respond to the letter sent to her by the applicant Ms Jones stated Mr Bristle had previously told her , when he was in the process of constructing the building , that his only plans were to work on race cars in the building and she chose not to respond to his letter because she felt he would not be truthful Beth Carpenter , 110 Brett Circle , Benson , spoke in opposition to the request Ms Carpenter stated her family installed the fence at the back of the property because of problems they were having with the tenants renting the mobile home previously located on the subject site Ms Carpenter acknowledged the letter the applicant sent to her , and stated she chose not to respond because previous interactions with the applicant and the applicant’s tenants in the mobile home were unpleasant Ms Carpenter stated they have a problem with the applicant racing engines in the building She stated she was unaware the applicant planned to remove automotive and mechanical repair from the special use request because he continues to work on vehicles in the building Ms Carpenter stated she does not want to have automotive sales , repairs , or the storage of boats and RV’s in her backyard Mr Bristle readdressed the Board and stated that Ms Jones contacted the Department of Environment and Natural Resources who came out and inspected the site regarding silt and runoff Mr Bristle submitted a copy of the inspection report from DENR to the Board He stated the report indicated that he had to reduce the runoff from his property and he has since repaired the silt fence Mr Bristle stated he is trying to work with the neighbors and wants to use the property in a manner that is consistent with the area Mr Bristle stated the neighbors ’ homes are just as close to NC Hwy 50 , which has 8,000 vehicles per day , as they are to his property He continued that he constructed the building after he removed the mobile home with intentions to work on his personal vehicles which he still does Mr Bristle stated after the complaints were made to the County , he was told that the building is considered a commercial operation , because there is no residential dwelling Mr Bristle stated he is trying to rezone the property so it will fit in with the surrounding area and reiterated that he would like to remove the automotive and mechanical repair use to lessen the impact on the neighbors Commissioner Stewart asked Mr Bristle what he envisions for the property Mr Bristle reported he would like to buy and sell used cars probably in an amount of four or five cars at one time Page186 December 3 , 2012 – 6 00 pm Continued Commissioner Mims asked Mr Bristle how many and what kind of race cars he works on in the building Mr Bristle stated he works on one Legend race car that belongs to his son He acknowledged that the neighbors complained about the noise from the race car and a Deputy visited the property Mr Bristle stated he explained at the Planning Board meeting that he would not run another race engine in the building without a muffler in an effort to be a better neighbor Upon a question by Commissioner DeVan Barbour , Mr Bristle confirmed that he would like to use the building to repair the vehicles he would purchase for display and sale to the public as well as he would like to continue to work on his son’s race car , but the property would not be used as a retail auto repair shop for the public Galen Joynes , 105 Brett Circle , Benson , expressed his concerns to the Board regarding the fumes from painting cars in the building , stating there are no paint booths to contain the fumes Mr Joynes stated he has lived there for approximately 15 years and he is concerned over the possible environmental impacts Mr Gray reported the Planning Board recommended denial At the inquiry of Commissioner Stewart , Mr Gray stated staff recommended approval due to the fact that a special use zoning was located directly across the road that allows for specific commercial uses as well as open storage Mr Gray also stated the recommendation for approval from staff was based on the ability to add special use conditions that would lessen the impact to the neighboring property owners Chairman Carver stated the Board needs to consider how long the neighboring property owners have been there as well as the fact that the applicant purchased the site as a residential property There being no further comments , the Chairman recessed the Rezoning Hearing for Case 12 - 21 Decision on Rezoning Case 12 - 21 Case 12 - 21 Petition to rezone a 147 acre tract located at 11609 NC Hwy 50 North in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13D04056I Owner William P Bristle Applicant William P Bristle First Motion and Vote motion to deny failed 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 case 12 - 21 to rezone a 147 acre tract located at 11609 NC Hwy 50 North in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District be denied Commissioner Tony Braswell seconded the motion , which failed by the following vote Ayes Commissioners Jeffrey P Carver , Tony Braswell , and DeVan Barbour Nays Commissioners Cookie Pope , Allen L Mims , Jr , Wade M Stewart , and Ted G Godwin Further Discussion Commissioner Allen L Mims , Jr stated he has concerns with the applicant possibly setting up another mobile home on the property , noting the complaints the neighbors had with the previous tenants on the site Commissioner Mims stated the site is located on NC Hwy 50 with commercial zoning already approved across the road and the applicant is asking to work on his own personal vehicles Commissioner Mims continued that the applicant could put another mobile home on the property as a residence and then continue to work on his personal vehicles which would still cause problems with the neighbors ; therefore , he would prefer the Board place special use conditions on the property in order to satisfy the applicant and the neighbors Commissioner Wade M Stewart stated he visited the property and the surrounding area in an effort to come up with a solution to satisfy all parties Commissioner Stewart stated there is an opaque fence already installed on two sides which could be extended and the new building appears to be neat and clean Commissioner Stewart added that he understands the concerns of the neighbors ; however , considering the commercial zonings already in the area and directly across the road , there are a number of businesses that couldPage187 December 3 , 2012 – 6 00 pm Continued be located in the area Commissioner Stewart stated with enough restrictions , he would be willing to give the applicant a chance Commissioner Mims asked how the applicant was able to obtain a permit for the building in the first place if he was later told by staff that he could not have a commercial building on the site Planning Director Berry Gray stated at the time the applicant applied for and received the permit for the building , the aerial photograph showed the single wide mobile home residence was still located on the property Mr Gray reported the applicant was in the process of constructing the building when the Planning Department received inquiries from the neighbors He stated after receiving the inquiries from the neighbors , the Planning staff visited the property and determined that the site no longer had a residence on the property ; therefore , it was deemed commercial Commissioner Mims noted the area is in a Primary Growth Area on the County’s Comprehensive Land Use Plan Second Motion and Vote motion to approve passes Commissioner Wade M Stewart 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 - 21 to rezone a 147 acre tract located at 11609 NC Hwy 50 North in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District be approved Commissioner Allen L Mims , Jr seconded the motion , which carried by the following vote Ayes Commissioners Cookie Pope , Allen L Mims , Jr , Wade M Stewart , and Ted G Godwin Nays Commissioners Jeffrey P Carver , Tony Braswell , and DeVan Barbour The Chairman opened the Special Use Hearing for Case 12 - 21 Case 12 - 21 To allow for automotive and mechanical repair , automotive sales and display as well as open storage for RV’s and boats Owner William P Bristle Applicant William P Bristle Those wishing to speak on Special Use Case 12 - 21 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 and mechanical repair , automotive sales and display as well as open storage for RV’s and boats Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 12 - 21 on August 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 October 16 , 2012 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 12 - 21 and made the following recommendations Mr Gathers made a motion to recommend denial of the rezoning , seconded by Mr DeLaine , carried by a vote of 6 - 2 with Hackler and Edwards voting against The Planning Board recommended denial of Case 12 - 21 Mr Gray submitted and reviewed the following proposed Findings of Facts and Special Use Conditions for the Board’s consideration PagePage pageNumber5188 December 3 , 2012 – 6 00 pm Continued Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed commercial development will be designed and operated to conform with all local state and federal regulations with the public health and safety in mind The general welfare of the community will be enhanced by new useful economic development 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 design and intended use of the proposed commercial development is consistent with other businesses currently operating along the NC Hwy 50 corridor It will be operated within all county ordinances and state and federal regulations Staff The 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 The location of this property is in close proximity to the I - 40 210 interchange as well as I - 40 42 Both are primary growth areas and would sustain another business as proposed Staff Site shall be sufficiently buffered screened 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 This business will help balance the amount of residential and commercial property in the community It will provide a necessary and desirable place to do business The goal is to protect adjacent values and enhance tax base for 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 and mechanical repair Automotive sales and display as well as open storage of RV’s and boats Special Use Conditions 1 Permitted Uses Automotive and mechanical repair , automotive sales and display along with open storage of RV’s and boats 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 at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs along internal lines and 2 large trees , 3 small trees and 9 shrubs along the street every one hundred 100 linear feet Existing natural vegetation may be used if equal to or more intense than the buffer requirement 5 Hours of Operation Monday through Sunday , 7 00 am – 9 00 pm 6 Vehicles waiting for repair shall be surrounded by 8 ’ opaque fencing 7 Signage must comply with the sign code and DMV signage requirements , limited to 16 square feet and less than 6 ’ in height No signs allowed off site 8 Contain and properly dispose of any petroleum’s , oils , and lubricants that may leak from stored vehicles 9 Shall be limited to 8 vehicles waiting for repair Each vehicle shall remain at the facility no longer than 15 days 10 Limited to the sale and display of 15 vehicles 11 Limited to the storage of 10 RV’s and or boats , behind existing fence 12 Lighting , if any , must be dark sky lighting and engineered so as not to shine onto adjacent properties 13 All existing and future buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 14 No storage or display of vehicles any closer to the left property line than the repair building Mr Gray noted that the applicant has requested to remove automotive and mechanical repair ; however , he stated that he left those uses in until the Board decides to remove them in their final decision At the inquiry of Commissioner DeVan Barbour , Mr Gray pointed out the proposed location of the open storage area on the site plan Applicant William Bristle , 18 Carousel Court , Angier , stated he has reviewed the proposed special use conditions listed by Mr Gray and he agrees with the conditions Commissioner Tony Braswell asked Mr Bristle if he would consider revising the proposed hours of operation to 7 00 am until 7 00 pm Mr Bristle stated he is agreeable to revising the proposed hours of operation to 7 00 am until 7 00 pm PagePage pageNumber6189 December 3 , 2012 – 6 00 pm Continued Commissioner Wade M Stewart noted the site plan calls for an 8 ft black chain link fence for the open storage area and he asked if slats could be placed in the chain link fence to make it opaque Mr Bristle confirmed that he could add slats to the chain link fence to make it opaque Commissioner Allen L Mims , Jr suggested requiring the planting of a line of Leyland Cypress trees along the residential property lines Mr Bristle stated the installation of a line of Leyland Cypress trees would probably be better for the neighbors and he would be willing to do that Commissioner Ted G Godwin stated the proposed special use conditions call for a limit on the number of vehicles for display and sale of 15 and he noted that in the rezoning hearing Mr Bristle had indicated his intentions of only having four or five vehicles at one time Commissioner Godwin asked Mr Bristle if he would consider lowering the number of vehicles allowed for display and sale Mr Bristle responded that he does not know what the future will be and he feels that a limit of 15 vehicles for display and sale is reasonable Commissioner Barbour asked about access for the open storage area for boats and RV’s Mr Bristle stated the open storage area would have its own access on the property Upon a question by Commissioner Barbour , Mr Gray confirmed that if a customer wanted to pick up or drop off their boat or RV outside of the stated hours of operation , it would be considered a violation of the special use conditions Commissioner Barbour suggested the Board specify the hours of operation for the open storage area of boats and RVs to avoid that situation County Attorney David Mills agreed the Board would need to differentiate the hours of operation for the open storage area in the special use conditions Peggy Jones , 120 Brett Circle , Benson , asked the Board to consider her concerns regarding environmental impacts due to fluids leaking from the storage of boats and RVs as well as the display and sale of vehicles Ms Jones also expressed concerns if there is enough room for the applicant to install a line of Leyland Cypress trees along the residential property lines Chairman Jeffrey P Carver stated the Planning Department is charged with ensuring that the applicant complies with the special use conditions Galen Joynes , 105 Brett Circle , Benson , expressed his concerns regarding the containment of fumes from painting and asked if the applicant would be required to install an EPA approved spray booth or other approved containment units for oils and other fluids chemicals to make sure they do not leak into the environment Commissioner Stewart suggested adding a special condition that no painting shall occur without a State approved permit Mr Gray reported the State would have to perform periodic inspections of the operation since it is within their jurisdiction Commissioner Barbour added that the storage and removal of oils and other chemicals is heavily regulated by the State and inspected on a regular basis Beth Carpenter , 110 Brett Circle , Benson , stated she is disappointed in the rezoning decision and she asked if automotive and mechanical repair would be removed from the special use permit Commissioner Stewart confirmed that commercial automotive repair would not be allowed , but the applicant would be allowed to work on his personal vehicles , which includes those he would own for display and sale , from 7 00 am until 7 00 pm if the special use permit is approved as it is currently being discussed PagePage pageNumber7190 December 3 , 2012 – 6 00 pm Continued Ms Carpenter asked if the applicant would be allowed to work on his personal vehicles after 7 00 pm County Attorney David Mills explained that unless the Board stipulates otherwise in the special use conditions , the applicant would be able to work on his personal vehicles after 7 00 pm Mr Mills stated the Board has the ability to put such restrictions on the special use permit since it is now zoned as a special use district Commissioner Mims asked Ms Carpenter if she has heard the noise from the race car since Mr Bristle stated he began using a muffler Ms Carpenter stated they can still hear the noise from the race car with the bay doors shut She stated it is not unbearable like it was when the doors were left open , but it is a disruption Chairman Carver asked the County Attorney for his opinion on the applicant working on his own vehicles after the approved hours of operation Mr Mills stated that the site has been rezoned as a special use district and the applicant does not have the right to do anything that the Board does not allow Mr Mills advised that the Board will need to be specific in the special use conditions if the applicant can or cannot work on his own vehicles after the stated hours of operation Ms Carpenter asked the Board to carefully consider the landscaping buffer stating it would be nice to have something to block the view from the surrounding property owners At the inquiry of Ms Carpenter , Commissioner Cookie Pope pointed out on the site plan where the applicant has proposed the open storage area Commissioners Mims and Barbour both agreed that the special use permit is site plan specific and the Planning Department would ensure that the property is developed according to the site plan Mr Gray confirmed that all required improvements and permits would have to be in place prior to the applicant operating the business Commissioner Stewart commented on the proposed hours of operation and how they would currently limit the applicant from being able to work on his own vehicles after those hours Commissioner Braswell stated considering the current residential surroundings of the subject site and knowing that noise has been an issue , he would like to find a compromise for the applicant and the neighbors At the inquiry of Commissioner Mims , Mr Bristle stated he could agree with the hours of operation being 7 00 am until 7 00 pm ; however , he does not agree with having to completely vacate the property at 7 00 pm Mr Bristle added that he wants to work with the neighbors , but he stated that the noise in his shop cannot compare to the noise from the vehicles traveling on NC Hwy 50 everyday Mr Bristle stated there is a noise ordinance in Johnston County and if the neighbors are not happy , then they can call and complain Commissioner Braswell stated that on every rezoning involving a residential neighborhood , he will ask to restrict the hours of operation to help the neighbors Commissioner Barbour asked Mr Bristle what he would be comfortable with as far as the hours of operation , adding that the neighbors also have a right to the quiet enjoyment of their homes and properties Chairman Carver clarified that the Board would not be requiring the applicant to completely vacate the property after the hours of operation Commissioner Braswell agreed with Chairman Carver and noted that he is only trying to prevent any excess noise Commissioner Pope stated the Board has always recommended for applicants to reach out to neighboring property owners regarding their intentions and she stated she appreciated Mr Bristle’s efforts to reach out to his neighbors PagePage pageNumber8191 December 3 , 2012 – 6 00 pm Continued Mr Gray reviewed with the Board the following proposed revised special use conditions , based on the discussion during the hearing Mr Gray also suggested including condition # 15 related to the restriction of junk vehicles [ Note The proposed revisions as listed by Mr Gray are in red ] 1 Permitted Uses Automotive and mechanical repair , automotive sales and display along with open storage of RV’s and boats 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 at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs along internal lines and 2 large trees , 3 small trees and 9 shrubs along the street every one hundred 100 linear feet Existing natural vegetation may be used if equal to or more intense than the buffer requirement Place Leyland Cypresses along residential property lines 5 Hours of Operation Monday through Sunday , 7 00 am – 97 00 pm Does not apply to storage facility 6 Vehicles waiting for repair shall be surrounded by 8 ’ opaque fencing 7 Signage must comply with the sign code and DMV signage requirements , limited to 16 square feet and less than 6 ’ in height No signs allowed off site 8 Contain and properly dispose of any petroleum’s , oils , and lubricants that may leak from stored vehicles 9 Shall be limited to 8 vehicles waiting for repair Each vehicle shall remain at the facility no longer than 15 days 10 Limited to the sale and display of 15 vehicles 11 Limited to the storage of 10 RV’s and or boats , behind existing fence 12 Lighting , if any , must be dark sky lighting and engineered so as not to shine onto adjacent properties 13 All existing and future buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 14 No storage or display of vehicles any closer to the left property line than the repair building 15 No storage of abandoned or junk vehicles 16 No painting without State approved permit 17 The conditions of this special use permit shall apply to any repair and maintenance of personal vehicles There being no further comments , the Chairman closed the Special Use Hearing for Case 12 - 21 Decision on Special Use Case 12 - 21 Case 12 - 21 To allow for automotive and mechanical repair , automotive sales and display as well as open storage for RV’s and boats Owner William P Bristle Applicant William P Bristle Based on the findings of facts and special use conditions following , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 12 - 21 to allow for automotive sales and display as well as open storage for RV’s and boats on a 147 acre tract located at 11609 NC Hwy 50 North in Pleasant Grove 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 Permitted Uses Automotive sales and display along with open storage of RV’s and boats 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 at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs along internal lines and 2 large trees , 3 small trees and 9 shrubs along the street every one hundred 100 linear feet Existing natural vegetation may be used if equal to or more intense than the buffer requirement Place Leyland Cypresses along residential property lines 5 Hours of Operation Monday through Sunday , 7 00 am – 7 00 pm Does not apply to storage facility 6 Vehicles waiting for repair shall be surrounded by 8 ’ opaque fencing 7 Signage must comply with the sign code and DMV signage requirements , limited to 16 square feet and less than 6 ’ in height No signs allowed off site PagePage pageNumber9192 December 3 , 2012 – 6 00 pm Continued 8 Contain and properly dispose of any petroleum’s , oils , and lubricants that may leak from stored vehicles 9 Shall be limited to 8 vehicles waiting for repair Each vehicle shall remain at the facility no longer than 15 days 10 Limited to the sale and display of 15 vehicles 11 Limited to the storage of 10 RV’s and or boats , behind existing fence 12 Lighting , if any , must be dark sky lighting and engineered so as not to shine onto adjacent properties 13 All existing and future buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 14 No storage or display of vehicles any closer to the left property line than the repair building 15 No storage of abandoned or junk vehicles 16 No painting without State approved permit 17 The conditions of this special use permit shall apply to any repair and maintenance of personal vehicles The Chairman reopened the Rezoning Hearing for Case 12 - 22 Case 12 - 22 Petition to establish the Water Supply Watershed Protection Overlay District WSW to 7,655 acres in the vicinity of Brogden Road , Eli Olive Road , Grabtown Road , Haven Lane , Neuse Bend Road , Old Cornwallis Road , Richardson Bridge Road , Smith Neuse Lane , and Woodard Road in parts of Boon Hill Township and Bentonville Township Tax ID multiple Applicant Johnston County Planning Director Berry Gray stated the petition is to establish the Water Supply Watershed Protection Overlay District to 7,655 acres in the vicinity of Brogden Road , Eli Olive Road , Grabtown Road , Haven Lane , Neuse Bend Road , Old Cornwallis Road , Richardson Bridge Road , Smith Neuse Lane , and Woodard Road in parts of Boon Hill Township and Bentonville Township Mr Gray reviewed a map of the area with the Board and explained that rezoning is needed due to the County’s plans for a new water intake at Richardson Bridge Road and a storage treatment facility at Old Cornwallis Road Mr Gray noted that part of the area is already in the Goldsboro Watershed Protection Overlay District and the only change for those property owners would be the name of the District Mr Gray explained that the current Agricultural Residential zoning will remain in place and residents will still be allowed to build houses , develop subdivisions , farm the land , apply fertilizers , and perform all the other allowed activities in the Agricultural Residential District He added property values will not be affected Mr Gray noted that as with other rezonings , all property owners in the affected area were notified Mr Gray explained that the County is being required by the North Carolina Department of Environment and Natural Resources , Division of Water Quality and the Environmental Management Commission to establish the Watershed Protection Overlay District due to plans for the future water intake Mr Gray reported the Watershed Protection Overlay District will restrict uses that would negatively impact water quality such as landfills and hazardous waste or hazardous chemical storage operations Mr Gray pointed out that the entire area is currently zoned Agricultural Residential and such uses are already not allowed ; therefore , the property owners will see no difference as to what they can do with their property He added if anyone has intentions for future residential development in the area , they should see no impact to those plans Tim Broome , PE Director of Utilities & Engineering , explained that the purpose of the project is to provide a water supply source for the County’s needs beginning in 2027 and he stated the project is essential because at the present time , it is the only option for a future water supply Mr Broome noted the small quarry on Old Cornwallis Road has already been purchased by the County as part of this project Mr Broome stated Phase 1 of the project is to take water from the Neuse River at the future intake on Richardson Bridge Road and then pump the water to the quarry site on Old Cornwallis Road where a water plant is planned for storage and treatment He continued that once the water is treated , it will then be pumped to other areas in the County Mr Broome reported future phases will involve the acquisition of what is now the operating quarry at Hansen Aggregates located approximately 15 miles downstream which will allow for additional increases in water supply capacity Mr Broome stated the County’s intent was to have a duel supply from the Neuse River intake on Richardson Bridge Road as well as an intake on the Little River ; however , the County was strongly discouraged from taking water out of the Little River by the State Mr Broome reported the State informed the County that taking water from the Little River would require an Environmental Impact Statement process which typically takes years to work through and millions of dollars in research and studies to complete Commissioner Cookie Pope expressed her concerns regarding drought conditions Page0193 December 3 , 2012 – 6 00 pm Continued Mr Broome stated the experts are presently saying that we are not in a drought ; however , he echoed the concerns by Commissioner Pope noting that he also sees the dry ponds in the County Upon a question by Commissioner Tony Braswell , Mr Broome confirmed that the State will not allow the County to proceed with the project without the rezoning Rudy Baker , 1016 Swift Creek Drive , Clayton , stated there are a number of property owners that own lots in Neuse Bend , Inc located along the Neuse River on Smith Neuse Lane , and he asked about impacts to those lots Mr Gray stated there would be no impact to the lots , homes , or clubhouse at Neuse Bend , Inc and the property owners would be able to continue to use it as they always have George Silver , 1900 East Walnut Street , Goldsboro , and Vice President of the Neuse Bend , Inc Association , asked if there would be impacts to any future development plans or improvements at Neuse Bend Mr Gray stated if the property owners at Neuse Bend , Inc wanted to remodel , make repairs , or improve their property or street conditions , the Watershed Protection Overlay District would have no impact on those plans Raymond Edwards , 2065 Woodard Road , Princeton , asked for an explanation of a Watershed Protection Overlay District , stating that he thought the purpose of the District was to keep the river safe , but as he understands from the earlier explanations , the plan is to take water out of the Neuse River and pump it to other parts of the County Mr Gray explained that water will be taken out of the Neuse River at the new water intake planned at Richardson Bridge Road and the Watershed Protection Overlay District area is upstream of that planned water intake location Mr Gray stated the purpose of the Watershed Protection Overlay District is to protect property upstream of the new water intake location to ensure that any activities upstream of the intake will not impact the water quality Mr Edwards asked if the Watershed Protection Overlay District would impact any plans he might have to develop a residential subdivision in the area Mr Gray responded that residential subdivisions could still be developed as long as they are developed in accordance with the current standards and regulations Mr Edwards spoke on a Watershed Protection Overlay District in Sampson County and the associated rules in that County Mr Broome reported there are different types of Watershed Protection Overlay Districts with different regulations for each type He stated the current Watershed Protection Overlay District being discussed for Johnston County is a Level 4 Terry Rose , 3218 Creech’s Mill Road , Smithfield , noted that the ordinance calls for a watershed occupancy permit to develop property and she asked if there would be additional requirements as part of that permit Mr Gray stated the watershed occupancy permit is already a part of the development process and no additional requirements or information would be needed Ralph Lawhorn , 141 Lipscomb Lane , Dudley , asked if there would be additional fees associated with development permits in the Watershed Protection Overlay District Mr Gray stated the permit would cost the same in the Watershed Protection Overlay District as it would in other areas of the County Mr Lawhorn informed the Board that he owns a well drilling business in the County and he asked the Board to be conscious of future water supplies stating the water table is getting lower every day Page1194 December 3 , 2012 – 6 00 pm Continued County Stormwater Administrator Jamie Guerrero offered informational handouts from the Department of Environment and Natural Resources to audience members Mr Guerrero also offered to speak with anyone that has further questions or concerns At the inquiry of Ray Oliver , 1202 Alderwood Court , Apex , Mr Broome reviewed the proposed route of the water distribution line from the proposed intake location on Richardson Bridge Road to the site of the future water plant on Old Cornwallis Road Mike McLamb , 100 Mariah Drive , Four Oaks , stated his father owns property adjacent to Neuse Bend , Inc Mr McLamb stated he understands that there are different levels of Watershed Protection Overlay Districts and he questioned if the County’s plans were to change with the future water supply project , would the State require additional changes to the Watershed Protection Overlay District and if so , would the property owners be notified Mr Gray stated if any changes were made to the Watershed Protection Overlay District to make it more restrictive , it would require another zoning change whereupon all the property owners would be notified and another public hearing would be held Mr Gray also noted that if the changes were to become more restrictive it would require an ordinance amendment which would require an additional public hearing for that ordinance amendment Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman closed the Rezoning Hearing for Case 12 - 22 Decision on Rezoning Case 12 - 22 Case 12 - 22 Petition to establish the Water Supply Watershed Protection Overlay District WSW to 7,655 acres in the vicinity of Brogden Road , Eli Olive Road , Grabtown Road , Haven Lane , Neuse Bend Road , Old Cornwallis Road , Richardson Bridge Road , Smith Neuse Lane , and Woodard Road in parts of Boon Hill Township and Bentonville Township Tax ID multiple Applicant Johnston County 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 - 22 to establish the Water Supply Watershed Protection Overlay District to 7,655 acres in the vicinity of Brogden Road , Eli Olive Road , Grabtown Road , Haven Lane , Neuse Bend Road , Old Cornwallis Road , Richardson Bridge Road , Smith Neuse Lane , and Woodard Road in parts of Boon Hill Township and Bentonville Township be approved see list of affected parcels and map , following Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote 4010030 04013002A 04N12020G 04N14005G 04N14026 04N14195I 04O13003C 4012004 04013197B 04N12026A 04N14009 04N14026A 04N14195J 04O13003D 4012007 04013197C 04N12040 04N14009A 04N14026C 04N14195K 04O13003E 4014038 04013197D 04N12040H 04N14009B 04N14026D 04N14195L 04O13003F 02B99026V 04013197H 04N12040I 04N14010 04N14026E 04N14195N 04O13003G 02N15001 04013197J 04N12040J 04N14010A 04N14029 04N14195O 04O13003H 02N15001A 04013197K 04N12195L 04N14013 04N14029A 04N14195P 04O13003I 02O14004A 04013197L 04N12196K 04N14013A 04N14029C 04N14195Q 04O13003J 02O14007 04013197M 04N12196M 04N14013B 04N14030 04N14195R 04O13003K 02O14007A 04013197N 04N12196N 04N14013C 04N14030I 04N14195S 04O13003L 02O14007D 04013197O 04N12196Q 04N14013D 04N14030L 04N14195T 04O13003M 02O14007E 04013197R 04N12196T 04N14013E 04N14033 04N15020 04O13003N 02O14008A 04013197S 04N12196U 04N14013F 04N14034 04N15020A 04O13003O 02O14008B 04013197T 04N12196W 04N14013G 04N14034A 04N15067B 04O13003P 02O14014A 04013197U 04N13017 04N14013I 04N14034B 04N15067C 04O13003Q 02O14199 04014038A 04N13017E 04N14015A 04N14034C 04O11037C 04O13003R 02O15010 04014038B 04N13017G 04N14016 04N14035 04O11037D 04O13003S 02O15199A 04014038C 04N13018 04N14016C 04N14035B 04O11038C 04O13003TPage2195 December 3 , 2012 – 6 00 pm Continued 02O15199C 04D99001 04N13019 04N14016D 04N14035C 04O12002 04O13003U 02O15199D 04D99012M 04N13020 04N14017A 04N14035D 04O12002A 04O13003V 04010030C 04D99013A 04N13020A 04N14017C 04N14035E 04O12002C 04O13003W 04010030D 04D99013B 04N13020B 04N14017D 04N14035F 04O12002D 04O13003X 04010030E 04D99014D 04N13020C 04N14018 04N14035G 04O12002E 04O13003Y 04010030F 04D99014H 04N13020D 04N14018A 04N14035H 04O12003 04O13003Z 04010030G 04D99015H 04N13020E 04N14018B 04N14035I 04O12004B 04O13004 04011016A 04D99020W 04N13020F 04N14019 04N14035J 04O12005 04O13004A 04011016C 04D99021I 04N13020G 04N14020 04N14035K 04O12018 04O13005 04011016D 04D99021J 04N13020H 04N14020A 04N14035M 04O12018C 04O13005A 04011016E 04D99021U 04N13021E 04N14020B 04N14035N 04O12020 04O13005B 04012004A 04D99034 04N13021I 04N14020C 04N14035O 04O12020A 04O13006 04012004D 04D99034A 04N13021K 04N14020D 04N14035Q 04O12020B 04O13006A 04012196A 04D99034B 04N13021L 04N14020E 04N14035R 04O12020C 04O13006B 04012196B 04D99034C 04N13022 04N14020E 04N14038 04O12020D 04O13006C 04012196D 04D99034D 04N13058 04N14020G 04N14038A 04O12020E 04O13006D 04012196L 04D99034E 04N14002D 04N14024 04N14038B 04O12021 04O13006E 04012197C 04D99034F 04N14002E 04N14024A 04N14190 04O12021C 04O13006F 04012197D 04D99034G 04N14003A 04N14024D 04N14190A 04O12026 04O13007 04012197E 04D99197 04N14003D 04N14024F 04N14190B 04O12026A 04O13008 04012197F 04M14034 04N14003F 04N14024G 04N14190C 04O12027 04O13010 04012197G 04M14034A 04N14004A 04N14024I 04N14195 04O13002 04O13011 04012197I 04M14035A 04N14005 04N14025 04N14195D 04O13003 04O13017Q 04012197J 04M16001 04N14005D 04N14025A 04N14195E 04O13003A 04O13017A 04012197K 04N12020D 04N14005E 04N14025B 04N14195H 04O13003B 04O13017I 04O13197E 04P12011C 04P12013F 04P13001A 04P13006 04P13006A 04P13006B 04P13006E 04P13015A 04P13197D 04P13197E 04P13197J 04P13197L 04P13197P 04Q07010M 04Q12020 04Q12199Page3196 December 3 , 2012 – 6 00 pm Continued The Board took a five minute recess 3 Public Utilities – Report on Water Supply Sources and Projected Water Demand Tim Broome , PE , Director of Utilities and Engineering , presented and reviewed the following information with the Board Johnston County Board of Commissioners Briefing Water Supply December 2012 Water Supply Overview Capacity Current Unit Cost MGD per 1,000 gal County WTP – Neuse River at Wilson’s Mills 120 175 Purchase Agreements Town of Smithfield 20 140 Town of Benson 05 208 Harnett County 25 200 City of Wilson 15 285 Wayne Sanitary Districts 06 200 Total 191 185 1,000 gallons weighted avg November 2012 2Page4197 December 3 , 2012 – 6 00 pm Continued 25 20 191 MGD MGD - d 176 MGD Deman Daily 15 Peak 2021 2027 10 Available Supply Moderate Growth Rapid Growth Johnston County Water Use Projections November 2012 3 Mandatory Bulk Water Purchase and Water Plant Production Summary Mandatory Minimum Bulk Purchases MGD Average Daily Peak Daily Demand Demand Maximum Daily Year MGD MGD Smithfield Harnett Co Wilson Wilsons Mills Total MGD Demand MGD 2012 850 1300 145 0080 0000 1147 13000 1300 2013 882 1367 155 0500 0050 1157 13670 1367 2014 909 1399 165 0600 0125 1162 13990 1399 2015 936 1431 175 0700 0175 1169 14310 1431 2016 963 1464 185 0900 0225 1167 14640 1464 2017 991 1496 195 1000 0275 1174 14960 1496 2018 1019 1529 200 1000 0325 1197 15290 1529 2019 1048 1572 200 1000 0375 1200 15720 1572 2020 1077 1616 200 1000 0425 1616 2021 1107 166 200 1000 0475 166 2022 1129 1694 200 1000 050 1694 2023 1152 1728 200 1000 050 1728 2024 1175 1762 200 1000 050 1762 2025 1199 1798 200 1000 050 1798 2026 1223 1834 200 1000 050 1834 2027 1253 1879 200 1000 050 1879 2028 1283 1925 200 1000 050 1925 2029 1314 1971 200 1000 050 1971 2030 1345 2018 200 1000 050 2018 2031 1377 2066 200 1000 050 2066 2032 1410 2116 200 1000 050 2116 November 2012 4Page5198 December 3 , 2012 – 6 00 pm Continued Bulk Water Purchase and Water Plant Production Summary Bulk Purchases Average Daily Peak Daily Wayne Maximum Demand Demand Sanitary Daily Year MGD MGD Smithfield Harnett Co Wilson Benson District Wilsons Mills Lower Neuse Demand 2012 850 1300 145 0080 0000 0000 0200 1147 0000 1300 2013 882 1367 155 0500 0050 0000 0200 1157 0000 1367 2014 909 1399 165 0600 0125 0000 0200 1162 0000 1399 2015 936 1431 175 0700 0175 0000 0200 1169 0000 1431 2016 963 1464 185 0900 0225 0000 0200 1167 0000 1464 2017 991 1496 195 1000 0275 0000 0200 1174 0000 1496 2018 1019 1529 200 1000 0325 0000 0200 1197 0000 1529 2019 1048 1572 200 1000 0375 0000 0350 1200 0000 1572 2020 1077 1616 200 1135 0425 0000 0600 1200 0000 1616 2021 1107 166 200 1525 0475 0000 0600 1200 0000 166 2022 1129 1694 200 1840 050 0000 0600 1200 0000 1694 2023 1152 1728 200 2180 050 0000 0600 1200 0000 1728 2024 1175 1762 200 2500 050 002 0600 1200 0000 1762 2025 1199 1798 200 2500 050 038 0600 1200 0000 1798 2026 1223 1834 200 2500 074 050 0600 1200 0000 1834 2027 1253 1879 200 2500 119 050 0600 1200 0000 1879 2028 1283 1925 200 1000 050 000 0000 1200 4750 1925 2029 1314 1971 200 1000 050 000 0000 1200 5210 1971 2030 1345 2018 200 1000 050 000 0000 1200 5680 2018 2031 1377 2066 200 1000 050 000 0000 1200 6160 2066 2032 1410 2116 200 1000 050 000 0000 1200 6660 2116 November 2012 5 Neuse River Water Balance in Johnston County Allowable Net Current Avg Permitted Current Avg Withdrawals Withdrawals Effluent Discharge Discharges MGD MGD MGD MGD County 120 68 County 950 430 Smithfield 60 33 Clayton 250 170 Benson 150 090 Kenly 063 035 Princeton 028 015 Aqua NC 025 020 Totals 180 101 1466 760 Percentage return based on permits 814 Percentage return based on current operating conditions 752 November 2012 6Page6199 December 3 , 2012 – 6 00 pm Continued The Board discussed the information with Mr Broome as well as potential future legislative actions that may impact water supply control for counties 4 Manager Reports and Comments A Cooperative Extension Greg Hoover , District Cooperative Extension Director , informed the Board that the Sampson County Cooperative Extension Director will be retiring in January and the District Office would like to have Johnston County Cooperative Extension Director Bryant Spivey act as an Interim Director for Sampson County on a temporary basis Mr Hoover reported that Mr Spivey would be acting as the Interim Director for approximately three months until a new Director for Sampson County is named He stated Mr Spivey would probably only have to dedicate one day a week to the Sampson County Office and he added that Mr Spivey has agreed to help out Sampson County in this capacity until they hire a new Director Mr Hoover asked if there were any concerns by the Board of Commissioners with this proposed arrangement Following brief discussion , the Board indicated that they see no problems with this temporary arrangement in that they believed Sampson County would offer the same assistance to Johnston County if the situations were reversed B Authorization for Eminent Domain County Attorney David Mills reported that Public Utilities has two infrastructure projects that may require the use of eminent domain in order to move forward He explained that the Cleveland Area Force Main Project requires an easement on a piece of property that has been foreclosed on and the County has been unsuccessful in receiving a response from the bank on the easement agreement Mr Mills stated the other project is the construction of the O’Neals Booster Station and the property is currently tied up in an estate He noted that negotiations with the apparent heir and the family have been successful ; however , there have been problems with getting clear title to the property Mr Mills stated eminent domain may be the only way to obtain a clear title to the property even though the family is in full agreement Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board authorized the County Attorney to proceed with eminent domain , if necessary , to acquire the following 1 Cleveland Area Force Main Project – 15 ’ Public Utility Easement KAD , Inc Tract – 003 ac 2 O’Neals Booster Station Project – WC Strickland Tracts a 20 ’ Access Easement – 003 ac b 009 ac – Site C Appointment of Deputy Clerk to the Board At the request of staff , upon a motion by Commissioner Cookie Pope , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board appointed Dana Cuddington as Deputy Clerk to the Board 5 Board Reports and Comments None There being no further business , Commissioner Tony Braswell moved the Board adjourn Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote The meeting adjourned at 8 30 pm Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the 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