July 7, 2014 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 145 Meeting of the Johnston County Board of Commissioners July 7 , 2014 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , July 7 , 2014 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 , 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 A Citizen Concern – County Water Disconnection Policy Edmund Hughes , 236 Fieldtrial Circle , Garner , addressed the Board and expressed concerns over the County’s water disconnection policy Mr Hughes stated his water service was recently disconnected after a miscommunication where one of his payments was lost in the mail and the second payment had been sent but not yet received Mr Hughes stated he was given no notice of his water service being disconnected Mr Hughes shared information with the Board from the State Attorney’s Office regarding notice regulations for private companies and he asked the County to consider the same notice practices as private companies Mr Hughes stated water is our most important resource and citizens should be given notice of disconnection especially in instances of miscommunication or lost payments Chairman Jeffrey P Carver thanked Mr Hughes for bringing the matter to the Board’s attention and asked the County Manager to look into the situation The Chairman also stated if this is a policy issue the Board can review the policy 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – June 25 and July 2 , 2014 Certified letters were mailed to adjoining property owners on June 23 , 2014 Notices were posted at the locations on May 2 , 2014 , for Cases 14 - 09 , 14 - 10 , 14 - 11 , and 14 - 12 The Chairman opened the Rezoning Hearing for Case 14 - 09 Case 14 - 09 Petition to rezone 1 acre of a 986 acre tract located on Woods Crossroads Road SR 1005 in Banner Township from Community Business CB to Agricultural Residential AR Tax ID 01F12061B Owner James Roland Wood Applicant James Roland Wood Planning Director Berry Gray stated the petition is to rezone one acre located on Woods Crossroads Road in Banner Township from Community Business to Agricultural Residential Mr Gray reported the existing use is for agricultural purposes He stated the site was zoned Community Business as part of the initial County wide zoning in 1992 due to an existing business on another portion of the original tract which stretched across both sides of Woods Crossroads Road The business is no longer in operation and all business related items have been removed The surrounding land uses are zoned Agricultural Residential and used for such purposes The area is located within a designated “ Agricultural Rural Conservations Area ” on the County’s Comprehensive Land Use Plan which denotes areas of low levels of growth pressures anticipated over the next 20 years These areas should be considered for rural conservation and agricultural preservation programs Stanton Massengill , Surveyor , 7193 Stricklands Crossroads Road , Four Oaks , representing the applicant , requested the Board to approve the rezoning so his client can put a mobile home on the property He offered to answer any questions Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 14 - 09 Page146 July 7 , 2014 – 6 00 pm Continued Decision on Rezoning Case 14 - 09 Case 14 - 09 Petition to rezone 1 acre of a 986 acre tract located on Woods Crossroads Road SR 1005 in Banner Township from Community Business CB to Agricultural Residential AR Tax ID 01F12061B Owner James Roland Wood Applicant James Roland Wood 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 14 - 09 to rezone one acre located on Woods Crossroads Road in Banner Township from Community Business to Agricultural Residential be approved Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 14 - 10 Case 14 - 10 Petition to rezone 139 acres located at 1900 Wendell Road SR 1701 in Wilders Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 16P99007D Owner Brent P Atkinson Applicant Brent P Atkinson Planning Director Berry Gray stated the petition is to rezone 139 acres located at 1900 Wendell Road in Wilders Township from Agricultural Residential to General Business – Special Use District He noted the special use request associated with the rezoning to allow for automotive repair , towing , and automotive storage Mr Gray reported the existing land use is currently vacant The surrounding land uses are zoned Agricultural Residential and used for such purposes ; and Industrial 1 formerly used for automotive equipment repair and the storage of shipping containers The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which low to moderate levels of growth pressures are anticipated over the next 20 years Applicant Brent Atkinson , 1910 Wendell Road , Wendell , explained he is trying to start his own business and recently purchased a rollback truck and wrecker in the hopes of getting on the State Highway Patrol’s towing rotation Mr Atkinson stated he must have a fenced in lot to store the cars and plans to eventually construct a small shop and office Mr Gray reported the Planning Board recommended approval At the inquiry of Commissioner Ted G Godwin , Mr Gray stated the surrounding area is generally Agricultural Residential ; however , there was one business located down the road for auto repair and the storage of shipping containers though that business may have shutdown He stated there also may be a nonconforming auto storage business nearby that predates the County’s zoning on property that is a large farming operation Upon a question by Commissioner Tony Braswell , Mr Gray stated the applicant came in for the rezoning on his own and it was not reported as a violation There being no further comments , the Chairman recessed the Rezoning Hearing for Case 14 - 10 Decision on Rezoning Case 14 - 10 Case 14 - 10 Petition to rezone 139 acres located at 1900 Wendell Road SR 1701 in Wilders Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 16P99007D Owner Brent P Atkinson Applicant Brent P Atkinson 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 14 - 10 to rezone 139 acres located at 1900 Wendell Road SR 1701 in Wilders Township from Agricultural Residential to General Business – Special Use District be approved Commissioner Chad M Stewart seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 14 - 10 Case 14 - 10 To allow for automotive repair , towing , and automotive storage Owner Brent P Atkinson Applicant Brent P Atkinson Page147 July 7 , 2014 – 6 00 pm Continued Those wishing to speak on Special Use Case 14 - 10 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for automotive repair , towing , and automotive storage Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 14 - 10 on March 24 , 2014 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 20 , 2014 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 14 - 10 and made the following recommendations Upon a motion by Ms Hackler to approve the request , seconded by Mr DeLaine and carried by a unanimous vote of 6 - 0 Rezoning Case 14 - 10 was approved at the May 20th , 2014 Planning Board Meeting Statement This request is consistent with the Comprehensive Land Use Plan in that the use can be limited in scale through the use of special conditions to blend in with a rural , low 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 Upon a motion by Mr Creech to approve the Special Use Conditions with the addition of the allowance of dropping off vehicles on site 24 hours , seconded by Ms Hackler and carried by a unanimous vote of 6 - 0 , Rezoning Case 14 - 10 Special th Use Conditions were approved at the May 20 , 2014 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 land requested is located at 1900 Wendell Road , Wendell , NC in rural Johnston County and is surrounded by quiet , self - employed neighbors My parents and grandmother live on the north side of the adjoining property The request for rezoning the property for business use will not interfere with the quiet nature of our neighborhood Purpose for the rezoning is to operate Atkinson Towing and Recovery and a temporary storage facility for vehicles towed A shop to store vehicles inside , as required by law , when police investigation may be deemed necessary Shop would also be used for mechanical and body work on vehicles when needed A chain link fence for temporary storage of wrecked vehicle would be installed Zoning and requirements are needed to qualify for rotation with NC Highway Patrol and local municipalities As the Town of Archer Lodge grows and needs towing , I hope to be the person called to assist Staff The applicant will be subject to special use conditions and state and federal laws which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of the 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 area to be rezoned will be kept neat and well maintained with natural buffer from property line on all sides Operation of Atkinson Towing and Recovery and mechanical should not create noise , pollution or other negatives for the land and neighbors Staff The facility meets the setback and 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 Currently the surrounding properties include self - employed business owners including farmers and farming supply store Atkinson Towing and Recovery would fit in the current land usage in our neighborhood See # 1 for description and use Protecting our neighborhood is a value that all our neighbors share Staff Site shall be sufficiently buffered screened This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant I assume the area will remain as rural farming and small business Page148 July 7 , 2014 – 6 00 pm Continued Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT To allow for an automotive repair , towing , and automotive storage Special Use Conditions 1 Permitted Uses automotive repair , towing , and automotive storage 2 The Special Use Permit may be revoked 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 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 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 Limited to the outdoor storage of 15 vehicles awaiting pick up or repair , outdoor storage must be enclosed by an 8 ’ opaque fence or vegetative screening 7 All signage must comply with the sign code as stated in Section 14 - 509 8 Hours of operation for auto repair shall be limited to Monday – Sunday 8 00am - 8 00pm with the allowance for 24 hour towing 9 Must properly contain and dispose of all petroleums , oils , and lubricants Mr Gray listed and reviewed the special use conditions with the Board Mr Gray stated the applicant’s parents own the property to the northeast and the applicant may ask for a reduction in the buffer requirement along that property line Applicant Brent Atkinson , 1910 Wendell Road , Wendell , confirmed that he has read and understands the proposed special use conditions Mr Atkinson stated his parents own the property to the north of the subject site and they are fine with having a reduced buffer on that side Mr Gray reported the Planning Board recommended approval He stated the applicant’s parents were at the Planning Board meeting in support of the special use permit There being no further comments , the Chairman recessed the Special Use Hearing for Case 14 - 10 Decision on Special Use Case 14 - 10 Case 14 - 10 To allow for automotive repair , towing , and automotive storage Owner Brent P Atkinson Applicant Brent P Atkinson 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 14 - 10 to allow for automotive repair , towing , and automotive storage on 139 acres located at 1900 Wendell Road in Wilders Township Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners made the following findings of fact 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 land requested is located at 1900 Wendell Road , Wendell , NC in rural Johnston County and is surrounded by quiet , self - employed neighbors My parents and grandmother live on the north side of the adjoining property The request for rezoning the property for business use will not interfere with the quiet nature of our neighborhood Purpose for the rezoning is to operate Atkinson Towing and Recovery and a temporary storage facility for vehicles towed A shop to store vehicles inside , as required by law , when police investigation may be deemed necessary Shop would also be used for mechanical and body work on vehicles when needed A chain link fence for temporary storage of wrecked vehicle would be installed Zoning and requirements are needed to qualify for rotation with NC Highway Patrol and local municipalities As the Town of Archer Lodge grows and needs towing , I hope to be the person called to assist Staff The applicant will be subject to special use conditions and state and federal laws which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of the 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 area to be rezoned will be kept neat and well maintained with natural buffer from property line on all sides Operation of Atkinson Towing and Recovery and mechanical should not create noise , pollution or other negatives for the land and neighbors Staff The facility meets the setback and 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 Currently the surrounding properties include self - employed business owners including farmers and farming supply store Atkinson Towing and Recovery would fit in the current land usage in our neighborhood See # 1 for description and use Protecting ourPagePage pageNumber5149 July 7 , 2014 – 6 00 pm Continued neighborhood is a value that all our neighbors share Staff Site shall be sufficiently buffered screened This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant I assume the area will remain as rural farming and small business 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 Special Use Conditions 1 Permitted Uses automotive repair , towing , and automotive storage 2 The Special Use Permit may be revoked 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 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 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 Limited to the outdoor storage of 15 vehicles awaiting pick up or repair , outdoor storage must be enclosed by an 8 ’ opaque fence or vegetative screening 7 All signage must comply with the sign code as stated in Section 14 - 509 8 Hours of operation for auto repair shall be limited to Monday – Sunday 8 00am - 8 00pm with the allowance for 24 hour towing 9 Must properly contain and dispose of all petroleums , oils , and lubricants The Chairman reopened the Rezoning Hearing for Case 14 - 11 Case 14 - 11 Petition to rezone 337 acres located at 2152 Lee’s Union Church Road SR 1148 in Ingram’s Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 08J14009A Owner Ronald E Shiflet Applicant Ronald E Shiflet Planning Director Berry Gray stated the petition is to rezone 337 acres located at 2152 Lee’s Union Church Road in Ingram’s Township from Agricultural Residential to General Business – Special Use District He noted the special use request associated with the rezoning to allow for automotive storage , minor mechanical repair and reconditioning Mr Gray reported the existing land use is a residence and automotive storage , minor mechanical repair and reconditioning He noted the request came in as a violation The surrounding land uses are zoned Agricultural Residential and used for such purposes as well as Industrial 1 – Special Use District for automotive repair and storage The area is located within a designated “ Agricultural Rural Conservations Area ” on the County’s Comprehensive Land Use Plan which denotes areas of low levels of growth pressures , anticipated over the next 20 years These areas should be considered for rural conservation and agricultural preservation programs Commissioner Ted G Godwin asked about the existing cars on the site Mr Gray reported there are approximately 30 cars on the subject site at this time and they are located behind and to the right of the existing dwelling Applicant Ronald Shiflet , 2152 Lee’s Union Church Road , stated he purchased the property two years ago and started moving cars on to it for storage Mr Shiflet explained he buys cars , repairs them , and then puts them up for sale on his auto sales lot located at another location Mr Shiflet stated he uses the subject site for storage and his actual auto sales business is located near the Wake County line at NC Hwy 50 and NC Hwy 42 Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 14 - 11 Decision on Rezoning Case 14 - 11 Case 14 - 11 Petition to rezone 337 acres located at 2152 Lee’s Union Church Road SR 1148 in Ingram’s Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 08J14009A Owner Ronald E Shiflet Applicant Ronald E Shiflet 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 14 - 11 to rezone 337 acres located at 2152 Lee’s Union Church Road in Ingram’s Township from Agricultural Residential to General Business – Special Use District be approved Commissioner Chad M Stewart seconded the motion , which carried by unanimous vote PagePage pageNumber6150 July 7 , 2014 – 6 00 pm Continued The Chairman reopened the Special Use Hearing for Case 14 - 11 Case 14 - 11 To allow for automotive storage , minor mechanical repair and reconditioning Owner Ronald E Shiflet Applicant Ronald E Shiflet Those wishing to speak on Special Use Case 14 - 11 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for automotive storage , minor mechanical repair and reconditioning Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 14 - 11 on March 25 , 2014 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 20 , 2014 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 14 - 11 and made the following recommendations Upon a motion by Mr Creech to approve the request , seconded by Ms Hackler and carried by a unanimous vote of 6 - 0 Rezoning Case 14 - 11 was approved at the May 20th , 2014 Planning Board Meeting Statement This request is consistent with the Comprehensive Land Use Plan in that the use can be limited in scope and scale through the use of special conditions to blend in with a rural , low 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 Upon a motion by Ms Hacker to approve the Special Use Conditions with the added requirement to Condition # 6 , reducing the number of cars to 15 after 6 months , seconded by Mr DeLaine and carried by a unanimous vote of 6 - 0 , Rezoning Case th 14 - 11 Special Use Conditions were approved at the May 20 , 2014 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 Vehicles will be parked in pairs of two in a row behind the garage so they can be started and moved to maintain lawn maintenance until taken to my place of business for resale Minor work on changing parts will be done in the garage from time to time 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 the 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 will be made to change the land or surroundings 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 It will still be used as it is now except for parking of cars in section 1 No business will be conducted on the property Personal use for myself and my business located at a different location Landscaping and lawn maintenance will not be changed or altered Staff The business is limited in scope and will primarily the storage of cars awaiting minor repair for sale 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 Nothing will be any different than it is now except parking of vehicles waiting to be repaired Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT To allow for an automotive storage , minor mechanical repair and reconditioning PagePage pageNumber7151 July 7 , 2014 – 6 00 pm Continued Special Use Conditions 1 Permitted Uses automotive storage , minor mechanical repair and reconditioning 2 The Special Use Permit may be revoked 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 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 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 Limited to the outdoor storage of 30 vehicles awaiting repair or sale for six months with 15 vehicles thereafter , outdoor storage must be screened by an 8 ’ opaque fence or evergreen vegetative screening 7 All signage must comply with the sign code as stated in Section 14 - 509 8 Must properly contain and dispose of all petroleums , oils , and lubricants 9 No junk vehicles allowed on site 10 Vehicles shall be located no closer to the right - of - way than the back of the dwelling Mr Gray listed and reviewed the special use conditions with the Board Mr Gray stated with regards to condition # 6 , at the Planning Board meeting the applicant indicated he envisions having only 15 vehicles on the site and although there are currently 30 cars on site , the applicant plans to decrease that number to 15 within six months Mr Gray noted the applicant has already begun installing the fence and it is approximately half completed Commissioner Allen L Mims , Jr asked about access into the site noting the driveway on the aerial photo appears to be on the adjacent property Mr Gray confirmed the driveway does carry over to the adjacent property which is not part of the subject site that was just rezoned He stated the Department of Transportation will require an update to the driveway permit which could result in improvements or changes to the access Mr Gray stated there is presently no recorded easement for the driveway that he is aware of At the inquiry of Commissioner Chad M Stewart , Applicant Ronald Shiflet , 2152 Lee’s Union Church Road , stated he also owns the adjacent property which the driveway carries over to from the subject site Commissioner DeVan Barbour asked if the Board needed to include that section of the adjacent property where the driveway is located in with the request Commissioner Mims indicated the driveway access could become an issue in the future if one of the properties is sold County Attorney David Mills advised that the Board could consider adding a special use condition that the applicant must provide for some type of recorded easement so if either of the properties were sold there would not be issues with access later on Commissioner Stewart stated he felt such an issue would be the responsibility of the potential future buyer and should be settled between the seller and the buyer at the time of negotiation Commissioner Ted G Godwin agreed with Commissioner Stewart that it should be left up to a potential future buyer to determine if there is proper access to the property Commissioner Godwin continued if he purchases a piece of property then it is up to him to install a driveway to that property or make sure there is proper access Commissioner Mims stated he is concerned that the driveway could become an issue in the future that could come back to the Board of Commissioners Commissioner Mims asked the applicant if he had plans for the adjacent property Mr Shiflet stated the adjacent property is a beautiful piece of land and he plans to leave it alone Chairman Jeffrey P Carver stated he understands and agrees with Commissioner Mims ’ concerns ; however , he feels in this instance there is enough road frontage on the subject site that the Department of Transportation would approve another access point if needed Commissioner Mims stated he would prefer to see a driveway access on the rezoned property , but he would not vote against the special use permit PagePage pageNumber8152 July 7 , 2014 – 6 00 pm Continued Commissioner Godwin stated he would be more concerned about access to the subject site if it were not road frontage land Mr Mills stated if one of the properties is sold in the future and is financed , then at that time the lending institution and title company would want assurances that there is access to the property being sold At the inquiry of Chairman Carver and Commissioner Cookie Pope , Mr Shiflet confirmed that he is satisfied with the proposed special use conditions Mr Shiflet stated he will be able to remove the additional 15 vehicles from the site within six months Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 14 - 11 Decision on Special Use Case 14 - 11 Case 14 - 11 To allow for automotive storage , minor mechanical repair and reconditioning Owner Ronald E Shiflet Applicant Ronald E Shiflet 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 14 - 11 to allow for automotive storage , minor mechanical repair and reconditioning on 337 acres located at 2152 Lee’s Union Church Road in Ingram’s Township Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote Finding of Facts for the Special Use Permit The Board of Commissioners made the following findings of fact 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 Vehicles will be parked in pairs of two in a row behind the garage so they can be started and moved to maintain lawn maintenance until taken to my place of business for resale Minor work on changing parts will be done in the garage from time to time 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 the 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 will be made to change the land or surroundings 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 It will still be used as it is now except for parking of cars in section 1 No business will be conducted on the property Personal use for myself and my business located at a different location Landscaping and lawn maintenance will not be changed or altered Staff The business is limited in scope and will primarily the storage of cars awaiting minor repair for sale 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 Nothing will be any different than it is now except parking of vehicles waiting to be repaired 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 Special Use Conditions 1 Permitted Uses automotive storage , minor mechanical repair and reconditioning 2 The Special Use Permit may be revoked 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 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 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 Limited to the outdoor storage of 30 vehicles awaiting repair or sale for six months with 15 vehicles thereafter , outdoor storage must be screened by an 8 ’ opaque fence or evergreen vegetative screening 7 All signage must comply with the sign code as stated in Section 14 - 509 8 Must properly contain and dispose of all petroleums , oils , and lubricants 9 No junk vehicles allowed on site 10 Vehicles shall be located no closer to the right - of - way than the back of the dwelling PagePage pageNumber9153 July 7 , 2014 – 6 00 pm Continued The Chairman reopened the Rezoning Hearing for Case 14 - 12 Case 14 - 12 Petition to rezone 8950 acres located off Devil’s Racetrack Road SR 1009 in Ingram’s Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 08K12199 Owner Emma Lee Heirs Applicant Bobby R Lee Planning Director Berry Gray stated the petition is to rezone 8950 acres located off Devil’s Racetrack Road in Ingram’s Township from Agricultural Residential to Industrial 2 – Special Use District He noted the special use requested associated with the rezoning is to allow for a sand mining operation Mr Gray reported the existing land use is for residential and agricultural purposes The surrounding land uses are zoned Agricultural Residential and is primarily vacant as well as Industrial 2 – Special Use District for several existing mining sites Mr Gray noted the locations of the surrounding mining sites on the zoning map for the Board The area is located within a designated “ Agricultural Rural Conservations Area ” on the County’s Comprehensive Land Use Plan which denotes areas of low levels of growth pressures , anticipated over the next 20 years These areas should be considered for rural conservation and agricultural preservation programs Upon a question by Commissioner Ted G Godwin , Mr Gray stated part of the subject site would continue to remain wooded He explained there are wetlands on the property that would remain undisturbed based on the Corps of Engineers study Mr Gray noted the location of the subject site on the aerial photograph for the Board and pointed out the haul road into the site At the request of Commissioner Cookie Pope , Mr Gray noted the location on the aerial photograph of the sand mine owned by Johnston Community College Commissioner Allen L Mims , Jr asked if there were any agreements in place with the adjacent property owners regarding the use of the haul road Mr Gray reported the applicant has information available regarding the use of the haul road Andrew Hodge of AW Hodge Engineering , South Third Street , Smithfield , representing the applicant , asked the Board to approve the rezoning request so his client can operate a sand mining operation similar to the other sand mine operations in the area Mr Hodge confirmed his client has an easement into the subject site Attorney Lew Starling , 405 E Market Street , Smithfield , representing the applicant , submitted a copy of the Consent Order dated August 18 , 2011 regarding access into the subject site Mr Starling explained his client filed a lawsuit against the other area property owners that resulted in the Consent Order He stated the Consent Order allows for a 30 ft access easement to the subject site Mr Starling added the Consent Order also requires his client to pay the defendants an annual sum for the use of the easement once the mining permit is issued Mr Starling stated the litigation went on for some time and he feels in the end everyone’s rights were preserved Mr Starling noted there are a number of mining operations in the subject area and he asked the Board to approve the rezoning request Upon a question by Commissioner Pope , Mr Starling stated Johnston Community College uses a different access into their mining site Dana Stewart Draper , 3029 Allenby Drive , Raleigh , explained she owns the path previously referenced as “ haul road ” that the mining company will be using Mrs Draper stated her main concern is her pond is located near the area where the dump trucks will be traveling to get to the applicant’s property She stated there is not enough space between the path and her pond and she is concerned one of the dump trucks will end up in the pond Mrs Draper continued that she pays taxes on the path and she is afraid she will no longer be able to use and enjoy the path in the future due to the dump trucks Mrs Draper expressed her concerns with the noise and trash created by the dump trucks stating the drivers are not respectful to the area property owners Mrs Draper stated she is not opposed to the sand mine operation , but she wants everyone to respect the other property owners and keep the area as clean as possible Mrs Draper spoke on the fragile state of the wetlands in the area as well as Indian artifacts that could potentially be destroyed At the request of Chairman Jeffrey P Carver , Mrs Draper noted the location of her property on the aerial photograph for the Board Perry Lee Draper , 3029 Allenby Drive , Raleigh , husband of Dana Stewart Draper , referenced the Consent Order noting the easement is to be 30 ft wide ; however , he believes there is limited space for passing and no room to install a berm in between the pond and the path Mr Draper expressed concerns over the truckPage0154 July 7 , 2014 – 6 00 pm Continued traffic and the effect it will have on the path Mr Draper noted the location of the path as well as their ponds on the aerial photograph for the Board He spoke on the lawsuit and stated he does not like the result of the Consent Order but went along with it Commissioner Chad M Stewart noted for disclosure purposes , he is related to the Stewart family as well as Keener Lumber Company County Attorney David Mills rendered an opinion that although Commissioner Stewart is related to the Stewart family and has ties to Keener Lumber Company , he does not see a direct conflict of interest on this rezoning case for Commissioner Stewart Mr Starling agreed that he does not see a conflict of interest for Commissioner Stewart on the rezoning case Mr Starling reviewed the terms of the Consent Order with the Board Mr Starling stated under the Consent Order his client was given a perpetual 30 ft easement that runs with the land for agricultural , residential , and recreational purposes over the property of Dana Stewart Draper , Perry Lee Draper , and others Mr Starling continued the Drapers also negotiated a perpetual 30 ft easement over other people’s property for the purposes of their own sand mining He stated the Drapers ’ pond is the result of their own sand mining activities Mr Starling also stated under the Consent Order his client must pay the Drapers 4,000 a year for the use of the easement to begin at such time as his client obtains the mining permit , whether or not active mining is taking place Applicant Bobby Lee , 2387 Thompson Road , Four Oaks , stated his family has owned the subject site since 1907 and they were one of the first families there Mr Lee stated he approached the other property owners about purchasing an easement to avoid going to court , but they could not agree on terms Mr Lee stated the Drapers ’ ponds are there because in the 1970 ’ s , Mrs Draper’s father mined the area creating the ponds Mr Lee stated the path is as substantial as it has ever been and noted large tractors that weigh more than dump trucks have used the path for years He stated the path will be built up and maintained Mr Lee went into detail with the Board regarding the lawsuit , past mining activities , and the Consent Order terms Mr Lee reiterated he tried to work with the other property owners but found no compromise and had to file the lawsuit to get the Consent Order Mr Lee stated he wants to be given the same opportunities as the other property owners have had with regards to sand mining their property Commissioner Godwin asked how long it takes to achieve a mining permit Mr Hodge stated the process takes approximately 8 weeks Commissioner Stewart stated he understands Mr Lee’s desire to sand mine his property noting that others in the area have done the same Commissioner Stewart stated as he understands , the issue has to do with the section of path near the pond and he also understands that has been an issue for years Mr Draper stated they are not trying to cause a disruption and acknowledged that his father - in - law did mine his own property years ago Mr Draper stated his father - in - law was digging for the pond and at that time he discovered the material was concrete sand which is how the mining began Mr Draper stated the path was updated all those years ago with rocks , sand , and gravel from his father - in - law’s own property Chairman Carver stated a lot of the details being discussed had more to do with the special use permit portion of the case Chairman Carver reminded everyone that the terms in the Consent Order cannot be changed by the Board of Commissioners Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman closed the Rezoning Hearing for Case 14 - 12 Decision on Rezoning Case 14 - 12 Case 14 - 12 Petition to rezone 8950 acres located off Devil’s Racetrack Road SR 1009 in Ingram’s Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 08K12199 Owner Emma Lee Heirs Applicant Bobby R Lee Page1155 July 7 , 2014 – 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 14 - 12 to rezone 8950 acres located off Devil’s Racetrack Road in Ingram’s Township from Agricultural Residential to Industrial 2 – 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 14 - 12 Case 14 - 12 To allow for a sand mining operation Owner Emma Lee Heirs Applicant Bobby R Lee Those wishing to speak on Special Use Case 14 - 12 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 sand mining operation Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 14 - 12 on March 31 , 2014 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 20 , 2014 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 14 - 12 and made the following recommendations Upon a motion by Ms Hackler to approve the request , seconded by Mr Creech and carried by a unanimous vote of 6 - 0 Rezoning Case 14 - 12 was approved at the May 20th , 2014 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 with similar mining operations within close proximity The request is reasonable in that the conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public Upon a motion by Mr Summerlin to approve the Special Use Conditions , seconded by Mr Massengill and carried by a th unanimous vote of 6 - 0 , Rezoning Case 14 - 12 Special Use Conditions were approved at the May 20 , 2014 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 site will be operating under a NCDENR mining permit and will follow all the safety requirements Staff The site is located along an existing access road and has an existing sand mine in operation in the vicinity and will not pose a threat to the public health , safety or general welfare 2 That the use of the 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 operation will be in compliance with all pertinent codes and regulations The permitting of the operation will be through NCDENR and follow their regulations as well as the Special Use Conditions specified by Johnston County Staff This development will comply with the use and intensity regulations as set forth in the Land Development Code The Special Use Permit specifically lists all sections of the ordinance that pertain to the mining operation The permit will expire with the violation of any special use condition 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 Operation will follow the reclamation plan as specified by NCDENR and follow all Special Use conditions as by Johnston County There are several existing mines in the area We ask for a 50 ’ buffer from adjacent properties Staff The facility is in a very rural area The special use conditions required by the Boards will maintain the value of contiguous properties Page2156 July 7 , 2014 – 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 area is already subject to mining operations with no negative interference with adjacent farming or forestry operations Property will comply with all codes and conditions established by the county 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 sand mining operation Special Use Conditions 1 Permitted Uses Sand Mine Operation 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 4 Operation hours for excavation and transporting materials Monday – Saturday , dawn to dusk 5 No signage 6 Obtain all required State permits and adhere to all State regulations 7 Existing vegetation shall remain within the buffer area 8 Setbacks 50 ’ from zoning property line as long as written consent is provided from the adjacent property owners If that consent cannot be agreed upon , then the 250 ’ buffer remains in effect reduction of condition # 9 Item # 5 f and g 9 The following shall apply Land Development Code Section 14 - 257 d 1 A site plan , and or information prepared by a state registered land surveyor , engineer , architect or landscape architect , shall contain the following a Extent of area to be excavated or mined ; b Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property ; c Neighboring land use , road system , natural features and topographical minimum ten - foot contour intervals details ; d A site cross - section showing extent of overburden , extent of sand and gravel deposits , and water table ; e Location of proposed handling and storage areas for overburden , byproduct and excavated materials ; f Location and results of groundwater boring showing depth to groundwater ; g Any areas proposed for ponds or water collection and storage ; h Wind pattern details and on - site windbreaks ; i Soil conditions , soil descriptions and statement addressing agricultural productivity and reclamation ; j Traffic impact analysis addressing the capacity of the roads to serve the site ; k Access roads to the site , as well as on - site roads , with indication of surface treatment to limit dust ; and l Required setback areas , including buildings , landscape screening buffering existing and or proposed If plant materials are to be installed , the number , location , size and type of plants are to be identified 2 An operations plan which shall include a The date proposed to commence operations and their expected duration b Proposed hours and days of operation c Estimated type and volume of extraction d Description of method of operation , including the disposition of topsoil , overburden and byproducts e Methods to control and respond to spillage of extracted materials , overburden or byproducts and vehicular mud on off - site roads f Description of equipment to be used in the extraction process g Methods to prevent pollution of surface water and groundwater h Operational test wells including schedule of results , analysis and response i Compliance with provisions of the state mining program j Depth of extractive operations k Any phasing of the operation and the relationship among the various phases l Operating practices that will be followed to comply with the performance standards applicable to such operation 3 A rehabilitation plan which shall include a A statement of planned rehabilitation of the excavated land , including detailed methods of accomplishment and planned future use of the rehabilitated land ; b A plan of the site showing the final topography , after rehabilitation , to the same scale as the site plan , depicting any water areas and methods of preventing stagnation and pollution thereof , landscaping and ground cover proposed ; c Typical cross - sections showing planned rehabilitation ; d A phasing and timing plan , related to the phasing and timing portion of the operations plan , showing the progression of the rehabilitation and the date when it will be complete ; e The method of disposing of all equipment , structures , dikes and spoil piles associated with the operations ; and f A copy of the rehabilitation reclamation plan as required by the state mining act where applicable 4 Standards of evaluation The following standards shall be used in evaluating an application a That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and or gravel for building and construction purposes b That all operations associated with extraction shall conform to the following performance standards 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards i Between 7 00 am and 7 00 pm , 68dBA Page3157 July 7 , 2014 – 6 00 pm Continued ii Between 7 00 pm and 7 00 am , 58dBA c That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity - steady state 10 inches second ; and impact of 20 inches second Note The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously For purposes of this article , steady state vibrations are vibrations which are continuous , or vibrations in discrete impulses more frequent than 60 per minutes Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations Maximum air blast vibration , measured at the lot lines of the zoning lot containing the extractive use , shall be 125 decibels on the linear scale 5 The following standards shall apply a The permanent roads , defined as those to be used in excess of one year within the excavation site , shall be surfaced with a dust free material such as soil cement , bituminous concrete or Portland cement concrete from the nearest public road to the yard area Also , all permanent roads located within 300 feet of residentially zoned land shall be treated the same b Roads other than permanent roads shall be treated with dust inhibitors , to be specified in the operations plan , which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action Properly operated water wagons shall be an acceptable method of dust inhibition c Where the proposed extraction shall take place within 300 feet of a dwelling , school , church , hospital , commercial or industrial building , public building , or public land , a security fence at least six feet in height shall be installed d Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the materials natural angle of response e The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling f No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same g Within the 250 - foot setback area , existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads Where vegetation within the 250 - foot setback does not exist , the applicant shall be required to provide a dense , evergreen buffer consistent with the purpose cited above The buffer shall be in place prior to the initiation of any excavation activities h The applicant shall submit operational reports , prepared on an annual basis , detailing the amounts of materials extracted , extent of extractive area , depth of extractive area , and results of groundwater test boring i Annual inspections of the operation shall be conducted by the zoning officer following submittal of the annual operations reports to determine compliance with the provisions of the special use permit j In cases of abandonment or termination of operations for a period of 12 consecutive months , application for a new special use permit is required k For all extractive uses , a performance guarantee shall be submitted to the county in order to ensure that the provisions of the rehabilitation plan are met Such performance guarantee shall be in a form approved by the county attorney The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis , if the cost does not exceed the amount posted with the state If the rehabilitation cost exceeds the amount required by the state , then the difference shall be made up in a bond to the county Mr Gray listed and reviewed the special use conditions with the Board Mr Gray noted as is consistent with other mining operations in the area , the setback can be reduced to 50 ft from the zoning property line as long as written consent is provided from the adjacent property owners and if that consent cannot be agreed upon , then the 250 ft buffer will remain in effect Andrew Hodge of AW Hodge Engineering , South Third Street , Smithfield , representing the applicant , stated he was hired by the applicant to obtain the mining permit Mr Hodge noted there are a lot of wetlands on the property and roughly only 20 - 25 acres of the site can actually be mined He offered to answer any questions Commissioner Allen L Mims , Jr asked if the applicant had obtained permission from the adjacent property owners for the 50 ft reduced setback Mr Hodge stated at this time they have received written permission from Johnston Community College but are still working on obtaining permission from the Massengills and the Drapers Mr Hodge stated the plan is to restore the area that will be mined into a pond Commissioner Ted G Godwin asked what is the anticipated lifespan of the sand mine Mr