May 6, 2013 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 414 Meeting of the Johnston County Board of Commissioners May 6 , 2013 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , May 6 , 2013 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 , DeVan Barbour , Ted G Godwin , and Chad M Stewart 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 A Proclamation for the Alpha Kappa Alpha Sorority , Inc Johnston County Chapter Iris Peoples Green , with the Alpha Kappa Alpha Sorority , Inc Johnston County Chapter , requested the Board to adopt a proclamation recognizing June 8 , 2013 at Alpha Kappa Alpha Sorority , Inc Johnston County Chapter Day in Johnston County Ms Green read the following statement I am here today on behalf of Alpha Kappa Alpha Sorority , Inc Pearls of Service Interest Group petitioning the Johnston County Commissioners to establish June 8 , 2013 as Alpha Kappa Alpha Sorority , Inc Johnston County Chapter Day Alpha Kappa Alpha Sorority , Inc celebrated th its 105 Anniversary on January 15 , 2013 We have 972 Chapters in the United States , Virgin Islands , the Caribbean , Canada , Japan , Germany , Korea , and on the continent of Africa The ladies of the Pearls of Service Interest Group will be adding a new chapter to the Johnston County area on June 8 , 2013 We have been providing commendable services in the Johnston County area since March of 2009 We are 30 members strong and we are growing We are a group of enthusiastic women anxious to share Alpha Kappa Alpha Sorority’s vision to be a supreme service to all mankind The Pearls of Service Interest Group held its first meeting in March of 2009 and later that year we participated in our first event which was Relay for Life , sponsored by the American Cancer Society We sponsored community health fairs ; school supply drives ; and collaborated with the Johnston County Department of Social Services to donate toys , clothing , and substantial financial contributions to provide assistance to families and children in the area Our national organization recognized the great work we were demonstrating in the Johnston County area and sanctioned the Pearls of Service as an official interest group in the fall of 2011 The members continue to actively plan community service programs and initiatives that will improve the socioeconomic conditions as well as provide education and outreach to the Johnston County communities of Garner , Clayton , Smithfield , and surrounding areas Since 2011 , we have sponsored young middle school aged girls with a mentoring program These young ladies attend training and leadership activities that include working with the State Legislature , celebrating Arbor Day , and volunteering at numerous community events Our work with the girls leads to interactive workshop sessions focusing on leadership and character development , teen self esteem , healthy eating , etiquette , bullying and dressing for success We have awarded 500 scholarships to deserving graduating high school students in the Johnston County area In the civic arena we participate in nonpartisan activities that include collaborating , advocating , registering , educating , and stimulating our community through leadership and active participation in the voting process during elections For more information on what we are doing in the Johnston County area you may visit our website at wwwPearlsofServicecom As you can see , the Pearls of Service Interest Group of Johnston County , North Carolina exemplifies the motto of Alpha Kappa Alpha Sorority , Inc , “ Service To All Mankind ” Page415 May 6 , 2013 – 6 00 pm Continued As we continue to support and make a positive impact on the Johnston County Community , we respectfully request that the Johnston County Commissioners establish June 8 , 2013 as Alpha Kappa Alpha Sorority , Inc Johnston County Chapter Day and send a representative to join us on June 8 , 2013 at our chartering luncheon at 12 30 pm as we are recognized as a new chapter in the Johnston County area Thank you Commissioner Cookie Pope stated she would be glad to attend the June 8 , 2013 chartering luncheon to represent the Johnston County Commissioners The Commissioners commended the Johnston County Chapter for their work in the community Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board adopted the following proclamation The Chairman read aloud the proclamation A PROCLAMATION RECOGNIZING JUNE 8 , 2013 AS ALPHA KAPPA ALPHA SORORITY , INCORPORATED , JOHNSTON COUNTY CHAPTER DAY WHEREAS , On January 15 , 1908 , Alpha Kappa Alpha Sorority , Incorporated began as a vision of nine college students on the campus of Howard University in Washington , DC ; and WHEREAS , On January 15 , 2013 , Alpha Kappa Alpha Sorority , Incorporated , the oldest Greek - lettered organization , celebrated 105 years of public service to communities in 972 Chapters in the United States , Virgin Islands , the Caribbean , Canada , Japan , Germany , Korea and on the continent of Africa ; and WHEREAS , The sorority has grown into a union of over 260,000 college - trained women who are bound by a powerful mystique with a mission to cultivate and encourage high scholastic and ethical standards ; to promote unity and friendship ; to study and help alleviate problems concerning girls and women in order to improve their social stature ; to maintain a progressive interest in community improvements ; and to be of Service to All Mankind ; and WHEREAS , A group of ambitious members of Alpha Kappa Alpha Sorority , Inc formed in March of 2009 with a vision of establishing a chapter to provide services and programs to the communities in and around Johnston County , North Carolina , and WHEREAS , in the Fall of 2012 the Directorate of Alpha Kappa Alpha Sorority , Inc sanctioned the Pearls of Service as an official Interest Group ; and WHEREAS , The Pearls of Service Interest Group will continue to perform the work of their organization’s national signature program initiatives to include Emerging Young Leaders EYL , Asthma Prevention and Management , Environmental Stewardship and Sustainability , Global Poverty , Economic Security , Social Justice and Human Rights , and Internal Leadership Training for External Service ; and WHEREAS , on June 8 , 2013 the Pearls of Service Interest Group will become an official Chapter of Alpha Kappa Alpha Sorority , Inc in Johnston County , North Carolina NOW , THEREFORE , BE IT RESOLVED , that the Board of Commissioners of Johnston County does hereby proclaim June 8 , 2013 as Alpha Kappa Alpha Sorority , Incorporated , Johnston County Chapter Day throughout the County of Johnston , North Carolina Adopted this the 6th day of May , 2013 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – April 24 and May 1 , 2013 Certified letters were mailed to adjoining property owners on April 22 , 2013 Notices were posted at the locations on March 4 , 2013 for Cases 07 - 15 Mod , 13 - 02 , 13 - 03 , and 13 - 04 The Chairman opened the Special Use Hearing for Case 07 - 15 MOD Case 07 - 15 MOD A request to modify the Special Use Permit for 298 acres zoned General Business - Special Use District GB - SUD located at 14632 NC Hwy 50 in Cleveland Township This modification request is to allow for a single family dwelling unit within the unfinished area in the rear of the convenience store Tax ID 06D02003 Owner Swift Creek Convenience , LLC Applicant Derek Coryea Those wishing to speak on Special Use Case 07 - 15 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 298 acres zoned General Business - Special Use District located at 14632 NC Hwy 50 in Cleveland Township The modification request is to allow for a single family dwelling unit within thePage416 May 6 , 2013 – 6 00 pm Continued unfinished area in the rear of the convenience store Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 07 - 15 MOD on January 31 , 2013 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , storm water and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On March 19 , 2013 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 07 - 15 MOD and made the following recommendations Upon a motion by Ms Hackler to approve the Modification for Rezoning Case 07 - 15 with the added statement in # 5 that the hours of operation are for the convenience store only , seconded by Mr DeLaine and carried by a unanimous vote of 9 - th , 2013 Planning Board Meeting 0 , Case 07 - 15 was approved at the March 19 Statement This request is consistent with the Comprehensive Land Use Plan in that it is a residential request within a primary growth area The request is reasonable in that the proposed modification is compatible with the neighboring zoning and will not negatively impact the public Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant Residential living area someone living in the complex will promote more security for the area and the store Staff Modification of the Special Use permit with conditions will maintain the public health , safety , and general welfare 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant Residential living area Staff The parcel being zoned General Business - Special Use District , will continue to fit well and serve those residents in the community The proposed residential use will not negatively impact surrounding property owners and will not increase the intensity 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant This property used to be zoned residential and I obtained a special use permit to construct a convenience store Staff The residential use at the site will be compatible with existing surrounding land uses , which suggests that the proposed modification of the SUP would be compatible with the community and the Land Development Code 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The area is surrounded in residential growth Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT To place a single family residence within the unfinished area of the existing convenience store Special Use Conditions 1 Permitted Uses Convenience Store and single family residence 2 Adhere to the plans submitted on original site plan 3 The Special Use Permit shall expire with the violation of any Special Use Condition 4 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 5 Hours of operation for the convenience store shall be 6 00 am to 12 00 am , Monday through Sunday 6 All signage shall comply with the sign code 7 A Class B landscape buffer 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet shall be installed along all commercial lines , unless existing vegetation is equivalent Page417 May 6 , 2013 – 6 00 pm Continued 8 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 9 Plans must be submitted to Building Inspections to ensure that the site will meet Residential Building Code 10 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 11 Dedicate right – of - way for Old Drug Store Road realignment 12 All utilities within the abandoned right - of - way shall be relocated into the new alignment or placed within a permanent utility easement 13 Driveway along NC Hwy 50 shall be limited to a right - in and right - out only Mr Gray reported the convenience store has been built and is operational and the applicant would like to use the unfinished area in the back of the store as an apartment for the store manager Mr Gray reviewed the site plan with the Board pointing out the location of the proposed apartment area Mr Gray reviewed the modifications to the special use conditions with the Board At the inquiry of Commissioner Cookie Pope , Mr Gray stated a separate outside exit for the apartment would be required Applicant Derek Coryea , 135 Barringer Drive , Garner , stated there is a separate exit for the apartment , but it is not shown on the site plan Commissioner Allen L Mims , Jr asked how long the convenience store has been open Mr Coryea stated the store has been operational since October Mr Coryea confirmed that he understood the modifications to the special use conditions Mr Coryea stated it is his intention for a store manager to live in the apartment Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 07 - 15 MOD Decision on Special Use Case 07 - 15 MOD Case 07 - 15 MOD A request to modify the Special Use Permit for 298 acres zoned General Business - Special Use District GB - SUD located at 14632 NC Hwy 50 in Cleveland Township This modification request is to allow for a single family dwelling unit within the unfinished area in the rear of the convenience store Tax ID 06D02003 Owner Swift Creek Convenience , LLC Applicant Derek Coryea Based on the findings of facts and special use conditions as listed below , Commissioner Allen L Mims , Jr moved the Board approve the modification to the special use permit for Case 07 - 15 MOD for 298 acres zoned General Business - Special Use District located at 14632 NC Hwy 50 in Cleveland Township to allow for a single family dwelling unit within the unfinished area in the rear of the convenience store 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 Convenience Store and single family residence 2 Adhere to the plans submitted on original site plan 3 The Special Use Permit shall expire with the violation of any Special Use Condition 4 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 5 Hours of operation for the convenience store shall be 6 00 am to 12 00 am , Monday through Sunday 6 All signage shall comply with the sign code 7 A Class B landscape buffer 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet shall be installed along all commercial lines , unless existing vegetation is equivalent 8 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 9 Plans must be submitted to Building Inspections to ensure that the site will meet Residential Building Code 10 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 11 Dedicate right – of - way for Old Drug Store Road realignment 12 All utilities within the abandoned right - of - way shall be relocated into the new alignment or placed within a permanent utility easement 13 Driveway along NC Hwy 50 shall be limited to a right - in and right - out only PagePage pageNumber5418 May 6 , 2013 – 6 00 pm Continued The Chairman opened the Rezoning Hearing for Case 13 - 02 Case 13 - 02 Petition to rezone 168 acres of a 2028 acre tract located on NC 42 Hwy in O’Neals Township , from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 11O03055 Owner Steve Raper and Gail H Raper Applicant Glandon Forest Equity , LLC Planning Director Berry Gray stated the petition is to rezone 168 acres of a 2028 acre tract located on NC 42 Hwy in O’Neals Township from Agricultural Residential to General Business - Special Use District He noted the special use request associated with the rezoning is to allow for the construction and operation of a commercial retail store which is planned as a Dollar General Mr Gray reported the existing land use is zoned Agricultural Residential and used for agricultural purposes He stated the surrounding uses are zoned Agricultural Residential and used for such purposes ; multiple parcels zoned Community Business and used for a gas station with a grill and convenience store , another gas station and convenience store , a vacant parcel but currently approved for a country store or grill and another parcel that is currently vacant ; General Business – Special Use District presently vacant but approved for a shopping center and all other uses allowed under the General Business District , except a night club ; General Business and currently used for residential ; and General Business currently being used for manufactured home sales and display The area is located within a “ neighborhood center commercial node ” in the County’s Comprehensive Land Use Plan which would promote the sale of convenience goods and personal services for the day - to - day living needs of nearby neighborhoods Commissioner Tony Braswell asked about the entrance to the property Mr Gray stated the only entrance to the property would be off Hwy 42 Applicant George Barnes , representing Glandon Forest Equity LLC , 1107 Harvey Street , Raleigh , stated Glandon Forest Equity LLC is the preferred Dollar General developer in this part of North Carolina Mr Barnes offered to answer any questions Mr Gray stated the Planning Board recommended approval Mr Gray also pointed out several form letters in support of the request in the agenda packet He stated it appears that the letters of support are signed by individuals that are within 400 ft to 3 miles of the proposed use There being no further comments , the Chairman recessed the Rezoning Hearing for Case 13 - 02 Decision on Rezoning Case 13 - 02 Case 13 - 02 Petition to rezone 168 acres of a 2028 acre tract located on NC 42 Hwy in O’Neals Township , from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 11O03055 Owner Steve Raper and Gail H Raper Applicant Glandon Forest Equity , LLC Commissioner Ted G Godwin 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 13 - 02 to rezone 168 acres of a 2028 acre tract located on NC 42 Hwy in O’Neals Township , from Agricultural Residential to General Business - Special Use District be approved Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 13 - 02 Case 13 - 02 To allow for the construction and operation of a commercial retail store Owner Steve Raper and Gail H Raper Applicant Glandon Forest Equity , LLC Those wishing to speak on Special Use Case 13 - 02 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 construction and operation of a commercial retail store Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 13 - 02 on February 1 , 2013 At that time , the applicant was informed of the following PagePage pageNumber6419 May 6 , 2013 – 6 00 pm Continued • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On March 19 , 2013 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 13 - 02 and made the following recommendations Upon a motion by Mr Letchworth to approve the Rezoning of Case 13 - 02 , seconded by Mr Creech and carried by a th , 2013 unanimous vote of 9 - 0 , the Planning Board recommended approval of Rezoning Case 13 - 02 at their March 19 Planning Board Meeting Statement The request is consistent with the Comprehensive Land Use Plan , in that it is a special use request for a retail business within an area where there are other businesses within close proximity to this property The request is reasonable in that the proposed use would benefit the community and the special use conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public Upon a motion by Mr Letchworth to approve the Special Use Conditions for Case 13 - 02 with the addition of having the lighting turned off at closing time on signage as well , turning lane installed if approved by NCDOT , adding a stubout to the eastern property to provide future access to the east , showing Class C buffer between stubout on eastern side and the designated future use , seconded by Ms Hackler and carried by a unanimous vote of 9 - 0 , the Planning Board recommended th approval of the Special Use Conditions for Rezoning Case 13 - 02 at their March 19 , 2013 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 The proposed use of the development will be retail sales and as such will be operated to provide for the safety of the public that will be shopping at the store and for the employees that will be working at the store The public areas of the site have been designed to provide safe pedestrian and vehicular movements Road improvements are proposed for the development to provide safe access into and out of the site for vehicular traffic Staff Lighting , landscape buffering and controlled access will maintain and promote the health , safety , and general welfare of the public 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 site will be designed to meet applicable county , state , and federal codes and regulations The layout of the development has been designed to meet the requirements of the Johnston County Development Code and the access requirement of the North Carolina Department of Transportation Storm water runoff from the development will be managed in accordance with Johnston County and North Carolina Department of Environmental & Natural Resources requirements The sanitary sewer septic system to serve the retail facility will be designed in accordance with Johnston County Health Department requirements Staff The proposed development is in accordance with the intent of the General Business district Landscape requirements and controlled access will maintain the value of contiguous properties 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 rezoning of the property to General Business - Special Use will be of benefit to the surrounding neighborhoods by providing commercial services that will be conveniently located in a centralized location The location of the project on NC Highway 42 , which is the primary thoroughfare for the area , will provide for ease of vehicular access to and from the property for the general public The proposed retail facility will provide every day grocery and general use merchandise for a portion of the county that is underserved with shopping options This is in the public’s interest as currently the nearest grocery general merchandise shopping option is in Kenly , 8 miles away This will reduce trips and the impact on the local road network as users will not need to drive as far for these items The site will be designed to provide an attractive facility that will complement the local residential and commercial uses Landscaping will be included in the construction of the facility to enhance the appeal of the property and buffers will be provided to provide a visual barrier between the proposed retail store and adjacent uses Staff The 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 PagePage pageNumber7420 May 6 , 2013 – 6 00 pm Continued 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The site will be designed to meet applicable Johnston County Land Development codes and ordinances The project is located in the vicinity of the NC Highway 42 and NC Highway 222 intersection , which is a retail node for this area of the county and will provide a conveniently located shopping option for local residents Staff Applicant’s proposed development will comply with all requirements of the Land Development Code and any conditions as required by the Boards Specific Land Uses APPLICANT Commercial retail store Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant shall submit a detailed site plan for review and approval by Planning and Zoning Department Staff 3 Must comply with all traffic improvements as required by NCDOT 4 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties with non - security lighting turned off after hours 5 A storm - water management plan shall be required if exceeding 17,000 sq ft of impervious surface 6 Installation of a Class B Buffer along zoning lines 2 large trees , 3 small trees , and 9 shrubs per 100 linear feet A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally or more intense A Class C buffer along the eastern zoning line 7 Hours of Operation Monday through Sunday , 8 00am to 9 00pm 8 Signage must comply with sign code Sec 14 - 509 with lighting turned off after hours 9 All buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 10 Left turn lane shall be installed based on NCDOT requirements and connected to the existing turn lane at the intersection if approved by NCDOT 11 Install an 8 ’ tall opaque fence inside of the buffer along the eastern property line 12 Provide landscaping between the stubout and the zoning line to the east and designate the section as a future cross access easement Items in bold added during the Planning Board meeting Mr Gray reported that based on the Institute of Transportation Engineers Trips Generation Manual , a freestanding discount store would generate traffic amounts under the threshold of where a Traffic Impact Analysis would be required Mr Gray noted he also received traffic information from the applicant stating that based on their average transactions per week and per day , they typically have about ten vehicles per hour for a fourteen hour operation which is below the TIA thresholds Mr Gray stated the Department of Transportation reviewed the proposed use and will require a turn lane at the intersection which would be a part of the special use conditions Mr Gray listed and reviewed the proposed special use conditions with the Board Applicant George Barnes , representing Glandon Forest Equity LLC , 1107 Harvey Street , Raleigh , stated they would comply with all the special use conditions Mr Barnes reported they reached out to the neighbors and have come to an agreeable solution regarding the privacy fence , lighting , buffers , etc Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 13 - 02 Decision on Special Use Case 13 - 02 Case 13 - 02 To allow for the construction and operation of a commercial retail store Owner Steve Raper and Gail H Raper Applicant Glandon Forest Equity , LLC Based on the findings of facts and special use conditions as listed below , Commissioner Tony Braswell moved the Board authorize the Planning Department to issue a special use permit for Case 13 - 02 to allow for the construction and operation of a commercial retail store on 168 acres of a 2028 acre tract located on NC 42 Hwy in O’Neals Township Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant shall submit a detailed site plan for review and approval by Planning and Zoning Department Staff 3 Must comply with all traffic improvements as required by NCDOT 4 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties with non - security lighting turned off after hours 5 A storm - water management plan shall be required if exceeding 17,000 sq ft of impervious surface PagePage pageNumber8421 May 6 , 2013 – 6 00 pm Continued 6 Installation of a Class B Buffer along zoning lines 2 large trees , 3 small trees , and 9 shrubs per 100 linear feet A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally or more intense A Class C buffer along the eastern zoning line 7 Hours of Operation Monday through Sunday , 8 00am to 9 00pm 8 Signage must comply with sign code Sec 14 - 509 with lighting turned off after hours 9 All buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 10 Left turn lane shall be installed based on NCDOT requirements and connected to the existing turn lane at the intersection if approved by NCDOT 11 Install an 8 ’ tall opaque fence inside of the buffer along the eastern property line 12 Provide landscaping between the stubout and the zoning line to the east and designate the section as a future cross access easement The Chairman reopened the Rezoning Hearing for Case 13 - 03 Case 13 - 03 Petition to rezone 90 acres of a 4849 acre tract located at 1060 Mt Pleasant Road in Pleasant Grove Township from Agricultural Residential AR to Office and Institutional - Special Use District O - I - SUD Tax ID 13C02037 Owner Gerald Dupree and Norma Dupree Applicant Wanda Reardon and Janet Parker Planning Director Berry Gray stated the petition is to rezone 90 acres of a 4849 acre tract located at 1060 Mt Pleasant Road in Pleasant Grove Township from Agricultural Residential to Office and Institutional - Special Use District He noted the special use request associated with the rezoning is to allow for a business office use Mr Gray reported the existing land use is zoned Agricultural Residential and used for such purposes Mr Gray stated the applicants originally planned to open a before after school care program and applied for the appropriate rezoning He continued that after the applicants received Planning Board approval , they determined the State requirements for a before after school care program were too strict Mr Gray stated the applicants then decided to apply for a business office use due to interest they have received Mr Gray stated the surrounding uses are zoned Agricultural Residential and used for such purposes as well as Industrial 1 – Special Use District is located down the road and used for steel fabrication and distribution The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally , the site is in the vicinity of a “ Community Centers ” activity node Applicant Janet Dupree Parker , 46 Summer Ridge Court , Willow Spring , stated the property is owned by her father Ms Parker stated they would like to have an office of some sort on the site Upon a question by Commissioner Ted G Godwin , Ms Parker stated the property is not listed for sale Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 13 - 03 Decision on Rezoning Case 13 - 03 Case 13 - 03 Petition to rezone 90 acres of a 4849 acre tract located at 1060 Mt Pleasant Road in Pleasant Grove Township from Agricultural Residential AR to Office and Institutional - Special Use District O - I - SUD Tax ID 13C02037 Owner Gerald Dupree and Norma Dupree Applicant Wanda Reardon and Janet Parker Commissioner Cookie Pope 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 13 - 03 to rezone 90 acres of a 4849 acre tract located at 1060 Mt Pleasant Road in Pleasant Grove Township from Agricultural Residential to Office and Institutional - Special Use District be approved Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 13 - 03 Case 13 - 03 To allow for a business office use Owner Gerald Dupree and Norma Dupree Applicant Wanda Reardon and Janet Parker PagePage pageNumber9422 May 6 , 2013 – 6 00 pm Continued Those wishing to speak on Special Use Case 13 - 03 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for a business office use Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 13 - 03 on February 1 , 2013 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On March 19 , 2013 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 13 - 03 and made the following recommendations Upon a motion by Ms Hackler to approve the Rezoning of Case 13 - 03 , seconded by Mr DeLaine and carried by a th , 2013 unanimous vote of 9 - 0 , the Planning Board recommended approval of Rezoning Case 13 - 03 at their March 19 Planning Board Meeting Statement This request is consistent with the Comprehensive Lane Use Plan in that the use can be limited in scope through the use of special use conditions to blend with the residential , medium density area The request is reasonable in that the conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant Property is located in a designated Primary Growth Area Office Space is needed in this area to provide and enhance services to the area and benefit the small business owner Staff The proposed use will provide needed services to the community Office use is local scale and limited in intensity so as to not have a negative impact on neighbors 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 No changes to be made to land development Staff This development will comply with the use and intensity regulations as set forth in the Land Development Code The applicant has requested a Special Use Permit and the business shall be subject to the conditions placed upon it by the Boards 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 Property has been remodeled to help increase the value of adjoining properties and overall appearance of neighborhood Staff The facility will provide a needed service to the community The business will only be open during normal hours This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The use of this property for photograph imaging and small office rental would benefit the small business owner and provide needed services for the area Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Business Office Special Use Conditions 1 Permitted Uses Business Office 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 Operator shall be licensed and meet the requirements as required by the State of North Carolina 5 Hours of operation shall be 6am to 10pm , seven day a week 6 All signage shall comply with current sign code Page0423 May 6 , 2013 – 6 00 pm Continued 7 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal to or more intense than what is required 8 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties Mr Gray listed and reviewed the proposed special use conditions with the Board Mr Gray stated the Board could remove condition # 4 since the applicant no longer wishes to operate a before after school child care facility Commissioner DeVan Barbour questioned the landscaping buffer requirement and asked if the property is surrounded by family land Commissioner Barbour expressed concerns with the applicants having to buffer against family land Applicant Janet Dupree Parker , 46 Summer Ridge Court , Willow Spring , confirmed that the subject site is surrounded by family property Chairman Jeffrey P Carver stated the rezoning stays with the property and if the property is sold , the remaining family members may have a problem if there are no buffers Mr Gray reported in this instance on the landscaping buffer requirement , staff can work with the applicant because there is a sufficient amount of existing vegetation on the sides of the property Ms Parker stated they are willing to do whatever the Board requires Ms Parker stated there are trees on both sides of the property , except for the front where some additional shrubs may be needed Ms Parker confirmed they are satisfied with all the special conditions Mr Gray reported the Planning Board recommended approval and asked the Board to consider removing condition # 4 Commissioner Barbour asked about the existing vegetation surrounding the property Mr Gray stated the subject site is buffered from the neighboring properties to the sides , just not from the applicant’s own family if the subject site were sold Commissioner Barbour stated he felt the buffer requirement could be waived Commissioners Ted G Godwin , Cookie Pope , and Chad M Stewart indicated they could agree with waiving the buffer requirement Mr Gray asked the Board to consider that there are homes across the road facing the front of the subject site Mr Gray stated the purpose of the buffer , in this instance , would not be to hide the use across the front , but to make it more aesthetically pleasing with the area Chairman Jeffrey P Carver noted the applicant stated she agreed to the proposed special use conditions There being no further comments , the Chairman recessed the Special Use Hearing for Case 13 - 03 Decision on Special Use Case 13 - 03 Case 13 - 03 To allow for a business office use Owner Gerald Dupree and Norma Dupree Applicant Wanda Reardon and Janet Parker Motion and Second Based on the findings of facts and revised special use conditions removing condition # 4 , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit for Case 13 - 03 to allow for a business office use on 90 acres of a 4849 acre tract located at 1060 Mt Pleasant Road in Pleasant Grove Township Commissioner Cookie Pope seconded the motion Discussion Page1424 May 6 , 2013 – 6 00 pm Continued At the inquiry of Commissioner DeVan Barbour , Commissioner Allen L Mims , Jr clarified that his motion did not include removing the Class B buffer requirement Commissioner Mims stated the applicant would not really be buffering the front of the subject site completely with a Class B landscape buffer in that the landscaping could be clustered to make the site attractive within the neighborhood while not completely blocking the front of the building Commissioner Mims stated he felt staff could work with the applicant Vote The motion 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 Business Office 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 Hours of operation shall be 6am to 10pm , seven day a week 5 All signage shall comply with current sign code 6 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal to or more intense than what is required 7 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties The Chairman reopened the Rezoning Hearing for Case 13 - 04 Case 13 - 04 Petition to rezone 228 acres of a 316 acre tract located at 5347 Cornwallis Road in Cleveland Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 05F02009 Owner David Mutchler Applicant David Mutchler Planning Director Berry Gray stated the petition is to rezone 228 acres of a 316 acre tract located at 5347 Cornwallis Road in Cleveland Township from Agricultural Residential to General Business - Special Use District He noted the special use request associated with the rezoning is to allow for the storage of equipment , business vehicles , and a workshop Mr Gray stated the subject site is located directly behind the applicant’s personal residence Mr Gray reported the existing land use is zoned Agricultural Residential and is being used for a residence and storage of business equipment and vehicles Mr Gray stated the surrounding uses are zoned Agricultural Residential and used for such purposes ; Community Business and used for automotive sales ; Community Business – Special Use District and used for automotive sales ; General Business – Special Use District and used for a gas station and convenience store as well as a second property that is vacant but approved for and starting construction on a gas station convenience store , as well as a shopping center , a third property currently vacant but approved for an auto repair , maintenance , and oil change business ; and General Business for a multi tenant building with car sales , tire sales and other tenant spaces The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally , the site is in the vicinity of a “ Community Centers ” activity node Applicant David Mutchler , 5347 Cornwallis Road , Garner , offered to answer any questions Commissioner Tony Braswell asked about access to the subject site Mr Mutchler stated he accesses the subject site off of Cornwallis Road via a driveway owned by the neighboring property owner Ford Property Mr Mutchler reported the driveway has been there for 30 years and he has used it for 20 years Mr Mutchler explained that he has a yearly rental agreement with the Ford Family regarding the use of the driveway to Cornwallis Road Mr Mutchler noted he also owns the corner lot at Cornwallis Road and NC Hwy 42 and his long range plan is for that property to become commercial Commissioner Allen L Mims , Jr expressed his concerns over the lack of a formal long term agreement regarding the use of the driveway on the Ford Property noting that without a formal access agreement , the subject site could become landlocked Commissioner Mims stated he would prefer for the applicant to get a cross access agreement that is longer than one year Commissioner Mims asked the applicant if he could access the subject site through his own yard Page2425 May 6 , 2013 – 6 00 pm Continued Mr Mutchler stated he could create an access through his own yard to the subject site if he had to , although he would prefer not to Mr Mutchler spoke on other alternatives with neighboring property owners where he could obtain other accesses to the subject site if needed Mr Mutchler stated Mr Ford is in favor of the rezoning and he pays him yearly for the use of the driveway , but Mr Ford will not sign a formal agreement because the property could be sold Mr Mutchler continued that he constructed the building on the subject site knowing he could lose the driveway access via the Ford Property He stated the shop is for his personal use and he applied for a permit to house his own equipment , but he then received a notice from the County stating that he is in violation of the zoning Mr Mutchler stated he would agree to come back and petition to have access to the subject site through his own yard or other property if the Ford Family sells the adjacent land and he can no longer use the driveway Mr Gray stated the Planning Board recommended approval Commissioner Braswell asked Mr Gray to explain what happened with the permitting issue referenced by Mr Mutchler Mr Gray explained that in this instance , both the zoning permit and the building permit were both for personal storage Mr Gray noted the septic system was designed for up to four employees , but the building permit did not reference that Mr Gray stated the zoning became an issue when a neighbor informed staff that the applicant was operating a business and staff inspected the site and determined it was a business use There being no further comments , the Chairman closed the Rezoning Hearing for Case 13 - 04 Decision on Rezoning Case 13 - 04 Case 13 - 04 Petition to rezone 228 acres of a 316 acre tract located at 5347 Cornwallis Road in Cleveland Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 05F02009 Owner David Mutchler Applicant David Mutchler 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 13 - 04 to rezone 228 acres of a 316 acre tract located at 5347 Cornwallis Road in Cleveland Township from Agricultural Residential to General Business - Special Use District be approved Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 13 - 04 Case 13 - 04 To allow for the storage of equipment , business vehicles , and workshop Owner David Mutchler Applicant David Mutchler Those wishing to speak on Special Use Case 13 - 04 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for the storage of equipment , business vehicles , and workshop Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 13 - 04 on February 1 , 2013 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 Page3426 May 6 , 2013 – 6 00 pm Continued On March 19 , 2013 The Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 13 - 04 and made the following recommendations Upon a motion by Mr Edwards to approve the Rezoning of Case 13 - 04 , seconded by Mr Massengill and carried by a th unanimous vote of 9 - 0 , the Planning Board recommended approval of Rezoning Case 13 - 04 at their March 19 , 2013 Planning Board Meeting Statement The request is consistent with the Comprehensive Land Use Plan in that it is a special use request for a small scale business within a primary growth area where there are other businesses next to and within close proximity to this property 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 Letchworth to approve the Special Use Conditions for Case 13 - 04 with the edit to # 5 to exclude western and northern property lines , seconded by Mr Summerlin and carried by a unanimous vote of 9 - 0 , the Planning th Board recommended approval of the Special Use Conditions for Rezoning Case 13 - 04 at their March 19 , 2013 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 The existing building will comply with requirements of the proposed zoning under the Johnston County Land Use code The building use garage shop will not be operated in such a manner as to be a detriment to the public health , safety and general welfare of the neighboring public Staff The applicant will be subject to special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The proposed rezoning will allow the building use on the property to comply with the use and intensity regulations of the Land Development Code ordinance and regulations , and state , federal regulations Staff This development will comply with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The existing building will be operated so as to not injure the value of existing contiguous properties The building will meet requirements of the Johnston County Land Development code Staff A Class B landscape buffer shall be installed along all adjacent AR rezoning lines Regular hours of operation will be limited and maintained This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The property is located in a commercial activity node , community center near the intersection of Cornwallis Road and NC 42 Hwy west as noted in the Johnston County 2030 Comprehensive Plan The proposed GB zoning will conform with the comprehensive plan as well as the adjacent property zoned CB to the east Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT To allow for the storage of equipment , business vehicles and workshop Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Hours of operation to be Monday through Saturday , 6 00am to 9 00pm 4 All signage shall comply with the sign code Sec 14 - 509 5 A Class B landscape buffer shall be installed along three rezoning lines 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet unless existing natural vegetation is acceptable in lieu of the Class B buffer if equal or more intense A Class A landscape buffer shall be installed along the CB adjacent property 1 large tree , 2 small trees , and 6 shrubs every one hundred 100 linear feet unless existing natural vegetation is acceptable in lieu of the Class A buffer if equal to or more intense Buffer can be excluded from the western and northern property line 6 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 8 Must comply with all traffic improvements as required by NCDOT 9 Open storage to be enclosed in an 8 ’ opaque fence Item in bold added at the Planning Board meeting Mr Gray listed and reviewed the proposed special use conditions with the Board Applicant David Mutchler , 5347 Cornwallis Road , Garner , was present to answer any questions Page4427 May 6 , 2013 – 6 00 pm Continued Commissioner Allen L Mims , Jr stated it appears to him that Mr Mutchler does have land in front of the subject site to use as access if he needed to , but he would have to remove his garage to get that proper access for a commercial driveway County Attorney David Mills stated the question is what happens to the subject site if the driveway access through the adjacent Ford Property is eliminated Commissioner DeVan Barbour stated Mr Mutchler has already acknowledged that he knows he would have a problem if he lost the driveway access through the Ford Property Commissioner Barbour stated the Board could add condition that if Mr Mutchler were to lose the driveway access through the Ford Property , then he would have a certain amount of time to establish another proper access point or else he would then be considered in violation of the special use permit Mr Mutchler stated he could agree to such a condition as suggested by Commissioner Barbour regarding the driveway access Commissioner Mims also stated he would have no issues if such a condition were added regarding access The Board briefly discussed what would happen to the property if an alternate access were not established and if the applicant could revert the property back to the original zoning for personal storage Mr Gray stated if the special use is abandoned , there is a process in the ordinance by which the applicant could revert the property back to its original zoning to be used for his personal storage Mr Mutchler confirmed that he was satisfied with the remaining special use conditions and he would accept a condition being added allowing him a certain amount of time to establish an alternate access to the subject site if the Ford driveway access is eliminated Mr Gray reported the Planning Board recommended approval Mr Gray suggested adding Condition # 10 that would state “ if commercial access is eliminated through the Ford Property and an alternate access is not obtained within 90 days , then the