July 1, 2013 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 602 Meeting of the Johnston County Board of Commissioners July 1 , 2013 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , July 1 , 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 , and Chad M Stewart Absent Ted G Godwin Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney David F Mills , and Paralegal Deputy Clerk to the Board Dana Cuddington 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 – The Smithfield Herald – June 19 and 26 , 2013 Certified letters were mailed to adjoining property owners on June 17 , 2013 Notices were posted at the locations on May 2 , 2013 for Cases 13 - 06 , 13 - 07 , and 13 - 08 The Chairman opened the Rezoning Hearing for Case 13 - 06 Case 13 - 06 Petition to rezone 010 acres located at 2501 Beulahtown Road in Beulah Township from Agricultural Residential AR to Neighborhood Business – Special Use District NB - SUD Tax ID 03P04027D Owner Richard and Vickie McCullough Applicant Richard McCullough Planning Director Berry Gray stated the petition is to rezone 010 acres located at 2501 Beulahtown Road in Beulah Township from Agricultural Residential to Neighborhood Business – Special Use District Mr Gray noted the special use permit request associated with the rezoning to allow for a kennel to train dogs Mr Gray stated the existing land use is residential Mr Gray reviewed the zoning map with the Board and stated the surrounding uses are zoned Agricultural Residential and used for such purposes as well as one property nearby zoned General Business – Special Use District for an automotive shop The area is located within a designated “ Agricultural Rural Conservations Area ” in the County’s Comprehensive Land Use Plan which denotes areas of low levels of growth pressures anticipated over the next 20 years Applicant Richard McCullough , 2501 Beulahtown Road , Kenly , stated he would like to operate a kennel to train dogs , primarily Labrador Retrievers Commissioner Tony Braswell noted the area to be rezoned is very small and he asked if it is large enough to train dogs Mr McCullough stated the rezoning area would cover the kennel and not the training grounds He reported 90 of the training is done offsite Commissioner Allen L Mims , Jr asked if the dog owners would visit the site during training sessions and if so , where would they park Mr McCullough stated he encourages owners to be present during the training sessions He stated the dog owners would park in his driveway Mr McCullough stated he plans to train no more than three dogs at any given time Mr McCullough noted he has his own dogs that would reside in the same kennel Commissioner Cookie Pope asked about the types of training Mr McCullough stated the training involves mainly hunting tests Page603 July 1 , 2013 – 6 00 pm Continued Mr Gray stated the Planning Board recommended approval Commissioner Mims noted that Neighborhood Business is a typical zoning for small businesses in such areas ; however , he stated it could be seen as spot zoning and he has always preferred for the zoning to carry out to the roadway Mr Gray stated the request is such a small use that staff looked to see if it could be considered a home occupation ; however , the ordinance is specific that kennels are not to be considered a home occupation Mr Gray stated the Planning Board was comfortable with the use because there would be a limit on the number of dogs allowed Commissioner Mims asked if any neighbors had concerns Mr Gray reported the adjacent property owner on Dave Drive AG Lee owns and rents all the lots in Roxy’s Place Subdivision Mr Gray stated Mr Lee attended the Planning Board meeting with concerns over noise and the Planning Board recommended adding conditions to the special use permit to address those concerns There being no further comments , the Chairman recessed the Rezoning Hearing for Case 13 - 06 Decision on Rezoning Case 13 - 06 Case 13 - 06 Petition to rezone 010 acres located at 2501 Beulahtown Road in Beulah Township from Agricultural Residential AR to Neighborhood Business – Special Use District NB - SUD Tax ID 03P04027D Owner Richard and Vickie McCullough Applicant Richard McCullough Commissioner DeVan Barbour 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 - 06 to rezone 010 acres located at 2501 Beulahtown Road in Beulah Township from Agricultural Residential to Neighborhood 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 - 06 Case 13 - 06 To allow for a kennel to train dogs Owner Richard and Vickie McCullough Applicant Richard McCullough Those wishing to speak on Special Use Case 13 - 06 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 kennel to train dogs Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 13 - 06 on April 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 May 21 , 2013 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 13 - 06 and made the following recommendations Page604 July 1 , 2013 – 6 00 pm Continued Upon a motion by Mr Letchworth to approve the Rezoning Case 13 - 06 , seconded by Mr Edwards and carried by a unanimous vote of 9 - 0 , Case 13 - 06 was approved at the May 21st , 2013 Planning Board Meeting Statement This request is consistent with the Comprehensive Land Use Plan in that it is suited for a rural , low density area within an agricultural rural conservation area The request is reasonable in that the proposed use would benefit the community and 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 - 06 with the changes to the number of dogs and buffer , seconded by Ms Hackler and carried by a unanimous vote of 9 - 0 , the Special Use Conditions for Case 13 - st 06 were approved at the May 21 , 2013 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 Will install 2 5x10 kennels on an existing cement pad Intend to run a small 2 - 3 dog training business kennel Staff The applicant will be subject to the 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 No building or additional lighting will be built or installed Any landscape required by the board will be installed planted as required 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 This is a small training of retrievers business with operation hours of 7 00am to 8 00pm daily , except for Sunday which is a needed business in this community Staff The business is limited in scale and will be located within an already existing structure This and 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 Any development required by the board for this will be complied with and the use is consistent with the county’s strategic plan on organization of development Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT To operate a kennel to train dogs Special Use Conditions 1 Permitted Uses Dog kennel for training purposes 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees , 5 evergreen trees and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal to or more intense than the Class B buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 All signage must comply with the sign code as stated in Section 14 - 509 7 Hours of operation shall be limited to Monday – Saturday 7 00am – 6 00pm , not to include general maintenance and care of dogs 8 Limited to 7 dogs on site at any given time , of which , no more than 3 dogs on site for training 9 Utilize electronic bark suppression system to limit excessive barking Bold denotes changes from the Planning Board Mr Gray listed and reviewed the proposed special use conditions with the Board Mr Gray specifically pointed out the conditions that were revised and added by the Planning Board to address concerns with noise Applicant Richard McCullough , 2501 Beulahtown Road , Kenly , confirmed that he understands and agrees with the special use conditions as proposed At the inquiry of Chairman Jeffrey P Carver , Mr McCullough stated it takes approximately four months to train a dog Mr McCullough stated he trains dogs for other people and does not purchase dogs with the intent to train and sell them Upon a question by Commissioner Allen L Mims , Jr , Mr McCullough stated he has been training dogs fulltime for approximately 6 years Mr Gray reported the Planning Board recommended approval Page605 July 1 , 2013 – 6 00 pm Continued There being no further comments , the Chairman recessed the Special Use Hearing for Case 13 - 06 Decision on Special Use Case 13 - 06 Case 13 - 06 To allow for a kennel to train dogs Owner Richard and Vickie McCullough Applicant Richard McCullough 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 - 06 to allow for a kennel to train dogs on 010 acres located at 2501 Beulahtown Road in Beulah 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 Permitted Uses Dog kennel for training purposes 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer around the business 5 evergreen trees and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal to or more intense than the Class B buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 All signage must comply with the sign code as stated in Section 14 - 509 7 Hours of operation shall be limited to Monday – Saturday 7 00am – 6 00pm , not to include general maintenance and care of dogs 8 Limited to 7 dogs on site at any given time , of which , no more than 3 dogs on site for training 9 Utilize electronic bark suppression system to limit excessive barking The Chairman reopened the Rezoning Hearing for Case 13 - 07 Case 13 - 07 Petition to rezone a 245 acre tract located at 187 Slate Top Road in Clayton Township from Agricultural Residential AR to Neighborhood Business - Special Use District NB - SUD Tax ID 05G04032H Owner Ernest E Adams American Legion Applicant Jerry Mangum Planning Director Berry Gray stated the petition is to rezone a 245 acre tract located at 187 Slate Top Road in Clayton Township from Agricultural Residential to Neighborhood Business - Special Use District Mr Gray noted the special use permit request associated with the rezoning to allow for an American Legion Hall for veterans and outreach programs , community events private parties Mr Gray stated the existing land use is zoned Agricultural Residential and contained an abandoned residence at one time which has since been removed Mr Gray reviewed the zoning map with the Board and stated the surrounding uses are zoned Agricultural Residential and used for such purposes as well as General Business – Special Use District for a general contractors office and equipment maintenance and storage yard 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 Applicant Jerry Mangum , 187 Slate Top Road , PO Box 1734 , Clayton , addressed the Board Mr Mangum stated they would like to operate the facility the same as the other Veterans Posts in the County He noted they plan to have a computer café for veterans and plan to offer training on basic computer skills Mr Mangum stated they would also like to have a mentoring program for the youth in the community Upon a question by Commissioner Tony Braswell , Mr Mangum stated the post would be American Legion Post 518 Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 13 - 07 Decision on Rezoning Case 13 - 07 Case 13 - 07 Petition to rezone a 245 acre tract located at 187 Slate Top Road in Clayton Township from Agricultural Residential AR to Neighborhood Business - Special Use District NB - SUD Tax ID 05G04032H Owner Ernest E Adams American Legion Applicant Jerry Mangum PagePage pageNumber5606 July 1 , 2013 – 6 00 pm Continued 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 - 07 to rezone a 245 acre tract located at 187 Slate Top Road in Clayton Township from Agricultural Residential to Neighborhood Business - Special Use District be approved Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 13 - 07 Case 13 - 07 To allow for an American Legion Hall for veterans and outreach programs , community events private parties Owner Ernest E Adams American Legion Applicant Jerry Mangum Those wishing to speak on Special Use Case 13 - 07 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 an American Legion Hall for veterans and outreach programs , community events private parties Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 13 - 07 on March 11 , 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 May 21 , 2013 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 13 - 07 and made the following recommendations Upon a motion by Mr Summerlin to approve the Rezoning Case 13 - 07 , seconded by Mr Edwards and carried by a unanimous vote of 9 - 0 , Case 13 - 07 was approved at the May 21st , 2013 Planning Board Meeting Statement This request is consistent with the Comprehensive Land Use Plan in that the special use will have little impact on the residential surroundings The request is reasonable in that the proposed use will have little change to the intensity and will be bound by the special use conditions set forth by the board as to not negatively impact the public Upon a motion by Mr Summerlin to approve the Special Use Conditions with the change to the hours , seconded by Mr st Edwards and carried by a unanimous vote of 9 - 0 , the Special Use Conditions were approved for Case 13 - 07 at the May 21 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 American Legion Hall is to support veterans and community with veteran’s programs and outreach programs Staff The natural landscaped buffer along property lines and normal hours of operation will promote 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 It will provide a service to the community - veteran organization Staff This location is surrounded by residences and currently has some existing vegetation to the southwest portion of the property 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 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 community center helps assist veterans with ordering medical supplies online and assisting veterans with getting benefits Staff Natural vegetation , landscape buffering and special use conditions will be enforced to maintain the value of contiguous properties PagePage pageNumber6607 July 1 , 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 We feel that it is a need to have programs that will be available for veterans and community that is in a rural area Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards Specific Land Uses APPLICANT To allow for an American Legion Hall which provides veteran and outreach programs Special Use Conditions 1 Permitted Uses To allow for an American Legion Hall that provides veteran and outreach programs for the community , community events private parties 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant must submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of Operation Monday through Sunday , 7 00 am to 9 00 pm 1 00am 5 Installation of at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 Signage must comply with the sign regulations 7 Must obtain NCDOT driveway permit 8 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 9 Lighting , if any , must be dark sky lighting and engineered so as not to shine onto adjacent properties Bold denotes changes from the Planning Board Mr Gray listed and reviewed the proposed special use conditions with the Board Mr Gray stated a detailed site plan has not been finalized yet , but will be submitted to staff for review prior to construction Mr Gray stated the hours of operation were recommended at 7 00 am until 1 00 am to account for parties that may go later into the evening Commissioner Allen L Mims , Jr commented that 22 notices were sent to adjoining property owners within 500 feet of the subject site Commissioner Mims spoke on his concerns with private and community events lasting until 1 00 am and asked what the events would include , noting 1 00 am goes beyond the noise ordinance Mr Gray confirmed that 1 00 am does go past the noise ordinance ; however , he stated the use would not be exempt from the noise ordinance restrictions Mr Gray stated staff was informed that such events would involve family reunions , birthday parties , and receptions Commissioner DeVan Barbour stated even with the operating hours lasting until 1 00 am , it would not supersede the noise ordinance restrictions Commissioner Mims expressed concerns with having to send a deputy to investigate possible continuous noise complaints Commissioner Tony Braswell stated the operating hours proposed are typical of a veterans post Applicant Jerry Mangum , 187 Slate Top Road , PO Box 1734 , Clayton , stated they would be located outside city limits and would have a buffer He stated they plan to operate just as other veterans posts operate Mr Mangum stated there may be problems that come up from time to time , but such problems would be addressed and he does not foresee any issues Commissioner Mims noted when posts are located in towns , they are usually zoned for Business just as other clubs , bars , or restaurants and noise is not so much of a concern ; however , in residential areas where people live , it is different Mr Mangum stated they would rent the facility primarily for people to hold reunions , private parties , etc Mr Mangum stated they would meet and work with the community to address any concerns regarding noise Commissioner Barbour asked if rules or policies would be put in place to avoid problems with noise or disturbing neighbors Mr Mangum stated one of the post members would be on site during all events , or they would hire a deputy to cover the event Mr Mangum stated the renter would be responsible for paying that extra cost Mr Mangum stated the post has rules and regulations they have to abide by Mr Mangum reported he plans toPagePage pageNumber7608 July 1 , 2013 – 6 00 pm Continued personally attend events during the first few months to ensure that everything runs smoothly Mr Mangum stated they are building a relationship with the community and want to work with the neighbors Commissioner Mims reiterated the need to have rules in place to avoid problems Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 13 - 07 Decision on Special Use Case 13 - 07 Case 13 - 07 To allow for an American Legion Hall for veterans and outreach programs , community events private parties Owner Ernest E Adams American Legion Applicant Jerry Mangum 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 - 07 to allow for an American Legion Hall for veterans and outreach programs , community events private parties on a 245 acre tract located at 187 Slate Top Road in Clayton 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 Permitted Uses To allow for an American Legion Hall that provides veteran and outreach programs for the community , community events private parties 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant must submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of Operation Monday through Sunday , 7 00 am to 1 00am 5 Installation of at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 Signage must comply with the sign regulations 7 Must obtain NCDOT driveway permit 8 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 9 Lighting , if any , must be dark sky lighting and engineered so as not to shine onto adjacent properties The Chairman reopened the Rezoning Hearing for Case 13 - 08 Case 13 - 08 Petition to rezone a 10 acre tract located at 10957 NC Hwy 50 N in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13D04058C Owner Richard A Jones Applicant Johnny Penny Planning Director Berry Gray stated the petition is to rezone a 10 acre tract located at 10957 NC Hwy 50 N in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District Mr Gray noted the special use permit request associated with the rezoning to allow for the display and sales of seasonal produce Mr Gray stated the existing land use is zoned Agricultural Residential and used for agriculture Mr Gray reviewed the zoning map with the Board and stated the surrounding uses are zoned Agricultural Residential and used for such purposes ; Mobile Home Park District for a mobile home park ; multiple General Business zonings ; multiple Community Business zonings ; General Business – Special Use District for a welding shop and one that is currently vacant but approved for a business park ; Agricultural Residential – Special Use District for a day care facility ; and Office and Institutional which is currently vacant but approved for a physician’s office 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 , this site is also located at a Community Center Commercial node Mr Gray reported the rezoning came in as a violation He explained the applicant has an existing fruit stand on site and began construction on a more permanent structure at which time the Inspections Department issued a Stop Work Order Mr Gray stated the applicant has been cooperating with staff Joy Jones , 105 E Johnston Street , Smithfield , representing the applicant , stated originally the owner , Richard Jones , wanted to build the permanent structure further over which would not have been an issue ; however , the applicant , Johnny Penny , later decided to build the permanent structure in an area that was notPagePage pageNumber8609 July 1 , 2013 – 6 00 pm Continued zoned for commercial , which he did not realize at the time Ms Jones stated Mr Penny has removed what he had already constructed She reported Mr Penny plans to have a structure similar to what he currently has at the Farmers Market Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman closed the Rezoning Hearing for Case 13 - 08 Decision on Rezoning Case 13 - 08 Case 13 - 08 Petition to rezone a 10 acre tract located at 10957 NC Hwy 50 N in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13D04058C Owner Richard A Jones Applicant Johnny Penny 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 - 08 to rezone a 10 acre tract located at 10957 NC Hwy 50 N 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 unanimous vote The Chairman reopened the Special Use Hearing for Case 13 - 08 Case 13 - 08 To allow for the display and sales of seasonal produce Owner Richard A Jones Applicant Johnny Penny Those wishing to speak on Special Use Case 13 - 08 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 display and sales of seasonal produce Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 13 - 08 on March 12 , 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 May 21 , 2013 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 13 - 08 and made the following recommendations Upon a motion by Mr Smith to approve the Rezoning Case 13 - 08 , seconded by Mr DeLaine and carried by a unanimous vote of 9 - 0 , Rezoning Case 13 - 08 was approved at the May 21st , 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 produce stand 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 Smith to approve the Special Use Conditions for Case 13 - 08 with the added hour change , seconded by Mr DeLaine and carried by a unanimous vote of 9 - 0 , the Special Use Conditions for Case 13 - 08 were approved at the st May 21 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 Will sell only produce , no hazardous materials This will not affect any residential properties and will use the existing commercial driveways Staff The applicant is proposing to sell seasonal produce items 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 PagePage pageNumber9610 July 1 , 2013 – 6 00 pm Continued 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant I will comply with all requirements and conditions Staff The display sells area will meet the setback , access requirements and complies 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 Within a commercial area All nearby property is commercial with little nearby residential We will be selling agricultural produce for the neighborhood Staff The location is along a county designated collector road Regular hours of operation will be maintained This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant We will conform with all plans and requirements within a commercial area Staff The site is located within the Primary Growth Area and within a Community Center Activity Node 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 Sale of seasonal items and crafts Special Use Conditions 1 Permitted Uses Display and sales of produce 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 7 00am 5 00am to 9 00 pm 10 00pm , Monday through Sunday 5 All signage shall comply with the sign code 6 All buildings and or structures if any must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 7 Lighting if any shall be dark sky and engineered so as not to shine onto adjacent properties Bold denotes changes from the Planning Board Mr Gray listed and reviewed the proposed special use conditions with the Board Joy Jones , 105 E Johnston Street , Smithfield , representing the applicant , asked the Board to approve the request and stated the use fits in with other activities in the area At the request of Commissioner Cookie Pope , Ms Jones pointed out adjacent properties to the subject site on the aerial photograph Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 13 - 08 Decision on Special Use Case 13 - 08 Case 13 - 08 To allow for the display and sales of seasonal produce Owner Richard A Jones Applicant Johnny Penny Based on the findings of facts and special use conditions as listed below , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 13 - 08 to allow for the display and sales of seasonal produce on a 10 acre tract located at 10957 NC Hwy 50 N in Pleasant Grove Township Commissioner Tony Braswell seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Display and sales of produce 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 5 00am to 10 00pm , Monday through Sunday 5 All signage shall comply with the sign code 6 All buildings and or structures if any must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 7 Lighting if any shall be dark sky and engineered so as not to shine onto adjacent properties Page0611 July 1 , 2013 – 6 00 pm Continued 3 Public Hearing – Code of Ordinances Amendment – Land Development Code – Open Space Fee - In - Lieu Advertised – The Smithfield Herald – June 19 and 26 , 2013 Chairman Jeffrey P Carver opened the public hearing to allow for public comment on a proposed amendment to the Johnston County Code of Ordinances as it relates to the open space fee - in - lieu Planning Director Berry Gray explained that for major subdivisions , the ordinance requires 15 of the land area to be designated as open space In lieu of the 15 the developer also has the option to pay a fee in the amount of 400 per lot Mr Gray reported in April , the developer for Camden Place Subdivision , came to the Planning Board asking for a reduction in the open space area Mr Gray stated following detailed soil studies in the subdivision , the developer found he needed more area for septic systems which cut into the open space requirement Mr Gray stated whereas the developer originally had 393 acres of open space , after considering the additional land needed for septic , only 322 acres was available for the open space area Mr Gray stated the developer asked the Planning Board to allow him to pay the open space fee - in - lieu for the remainder of what was needed for the open space area Mr Gray stated the Planning Board asked staff to research the matter and come up with options regarding the open space fee - in - lieu Mr Gray reviewed the following options with the Board Option 1 The developer has the option to request a reduction of the required minimum common open space and pay a prorated payment in lieu of dedication for the balance The design criteria outlined in this chapter , with the exception of the percentage requirement , as well as those detailed in the Johnston County Design Manual shall be met in order to qualify for the prorated amount , or Option 2 The developer has the option to request a reduction of the required minimum common open space to no less than 10 percent of the total gross land area of the development and pay a prorated payment in lieu of dedication for the balance The design criteria outlined in this chapter , with the exception of the percentage requirement , as well as those detailed in the Johnston County Design Manual shall be met in order to qualify for the prorated amount , or Option 3 The developer has the option to request a reduction of the required minimum common open space to no less than 75 percent of the total gross land area of the development and pay a prorated payment in lieu of dedication for the balance The design criteria outlined in this chapter , with the exception of the percentage requirement , as well as those detailed in the Johnston County Design Manual shall be met in order to qualify for the prorated amount • The Board shall determine that the provided open space is designed to meet the criteria outlined in this chapter and the Johnston County Design Manual prior to prorating the amount Mr Gray reported the Planning Board recommends Option 2 Commissioner Cookie Pope asked if staff had received any feedback from the development community Mr Gray stated he has not heard from any developers ; however , he noted the amendment would allow developers to have more flexibility Commissioner Allen L Mims , Jr noted in the bullet , “ The Board ” needs to be clarified to state “ The Planning Board ” Commissioner DeVan Barbour , who sits on the Planning Board , reported Option 2 allows for more flexibility but stays within the original intent of the open space requirement There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the following amendment to the Johnston County Code of Ordinances – Land Development Code Option 2 as listed above Page1612 July 1 , 2013 – 6 00 pm Continued Sec 14 - 75 f Provision of common open space or recreation area requirements All residential developments shall provide or dedicate common open space or recreation areas suitable for the residents common passive or active recreational uses or make a payment in lieu of provision or dedication Design criteria can be found in the design manual g Minimum common open space or recreation area Where common open space or recreational area must be provided or dedicated as part of a residential development , its total land area shall be at least 15 percent of the total gross land area of the development Where amenities are proposed , a reduction in the required minimum acreage may be approved by the planning board For subdivisions with less than two acres of open space , the planning board shall determine if the location , design , use , and area provide a benefit to the community , require revision , or proposal of fee - in - lieu The required open space shall be contiguous , unless it is determined by the Planning Board that the required open space can be split and located at different places in a subdivision Wherever possible , open space and recreation areas should be located as to abut existing open space in adjacent developments or phases If a proposed subdivision contains wetlands and or riparian or stream buffer areas , or overhead electric utility easements , they must be designated as common open space However , these areas will not count toward the amount of required open space No off - site septic areas for the benefit of residential lots can be included within the open space Any proposed reduction or change involving previously recorded open space must be approved by the planning board The applicant must provide sufficient information on why the change is requested and why no other alternative exists h Method of provision or dedication Land provided or dedicated for common open space or recreation purposes shall be designated on a final plat duly recorded with the County Register of Deeds Amenities shall be designated on the final plat and shall be specific as to type of amenity use Design criteria can be found in the design manual Such common open space land shall be dedicated or deeded to an appropriate public body upon their acceptance , land trust , nonprofit , or for - profit organization established for the purpose of land conservation or recreational purposes ; or create a neighborhood or homeowners association for the continuing maintenance and control of common open space or recreation area ; or , held by the owner for the continuing maintenance and control of common open space or recreation area , subject to a binding agreement with financial surety for such maintenance i Payments in lieu of provision or dedication In lieu of providing or dedicating common open space or recreation area required pursuant to this section , a developer of a subdivision or planned development may choose to make a payment to the county As noted in subsection g , if the required open space to be provided is less than two acres the planning board shall determine if fee - in - lieu shall be required The county shall use such payment only for the acquisition of open space , recreation , or park sites to serve more than one subdivision or development within the immediate area The amount of the payment shall be the product of the total number of dwelling units recorded multiplied by the fee established in the countys annual schedule of fees The developer shall make the payment before approval of a final plat , however , the planning director may allow phasing of payments consistent with the approved phasing of the subdivision The developer has the option to request a reduction of the required minimum common open space to no less than 10 percent of the total gross land area of the development and pay a prorated payment in lieu of dedication for the balance The design criteria outlined in this chapter , with the exception of the percentage requirement , as well as those detailed in the Johnston County Design Manual shall be met in order to qualify for the prorated amount • The Planning Board shall determine that the provided open space is designed to meet the criteria outlined in this chapter and the Johnston County Design Manual prior to prorating the amount j Access to open space All open space must be pedestrian accessible Open space not contiguous to a proposed subdivision street must have a minimum of a 20 - foot fee - simple access 4 Manager Reports and Comments A Request for Additional Solid Waste Flow County Manager Rick Hester and the Public Utilities Solid Waste Division requested the Board to approve , for a one year pilot program , accepting up to 30,000 tons per year of municipal solid waste and or construction and demolition debris waste generated from out of county sources in the County landfill Page2613 July 1 , 2013 – 6 00 pm Continued Solid Waste Division Manager Rick Proctor stated the tipping fees would be the regular rate at 35 per ton for municipal waste and 27 per ton for the construction and demolition debris Mr Proctor confirmed that the additional solid waste flow would not impact the life of the Landfill because the County has seen a decrease in the solid waste flow over the past few years and it is hoped this additional waste would bring the levels back up to where they were in 2006 , generating much needed revenue Mr Hester noted the waste would be coming primarily from Waste Industries ; however , the County could choose to accept waste from other commercial waste haulers up to the 30,000 ton limit Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope , and carried unanimously , the Board voted to approve , for a one year pilot program , accepting up to 30,000 tons per year of municipal solid waste and or construction and demolition debris waste generated from out of county sources in the County landfill The Chairman asked staff to provide the Board with a monthly report on the pilot program B Resubmittal Fee for Expired Subdivision Plats County Manager Rick Hester and Planning Director Berry Gray informed the Board that for instances where subdivisions have been approved but not developed within a certain amount of time , the subdivision plat expires In order to resubmit the subdivision plat , the developer then has to go back through the approval process and again pay the 250 subdivision plat submittal fee Mr Hester stated staff would like to add a Resubmittal Fee to the Fee Schedule for Expired Subdivision Plats at 100 rather than have the developer pay the 250 fee again , and the Board agreed by consent 5 Board Reports and Comments Commissioner Allen L Mims , Jr noted he has received a call from a citizen that is upset over recent articles in the local newspapers ; however , he has been unable to get back in touch with the citizen He asked if any other Commissioners had received similar calls Planning Director Berry Gray reported he has been speaking with a citizen recently who was upset over articles she had seen in the newspaper regarding cell towers There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote The meeting adjourned at 6 55 pm Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage