February 2, 2015 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 393 Meeting of the Johnston County Board of Commissioners February 2 , 2015 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , February 2 , 2015 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Tony Braswell , Vice Chairman DeVan Barbour , Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , 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 Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Tony Braswell 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 – January 21 and 28 , 2015 Certified letters were mailed to adjoining property owners on January 16 , 2015 Notices were posted at the locations on December 2 , 2014 for Cases 09 - 12 MOD 3 ; 14 - 26 ; 14 - 27 ; 14 - 28 ; 14 - 29 ; and 14 - 31 The Chairman opened the Special Use Hearing for Case 09 - 12 MOD 3 Case 09 - 12 MOD 3 Petition to modify the Special Use Permit for 3233 acres zoned Interstate Highway Interchange - Special Use District IHI - SUD located on Son - Lan Parkway and at the I - 40 NC 42 Interchange in Cleveland Township The modification will add multi - family and single family residential uses to areas previously designated as Retail Office Tax ID 06E02002 ; 06D01022 Owners Son - Lan Classic Development Company , Applicant Son - Lan Classic Development Company Those wishing to speak on Special Use Case 09 - 12 MOD 3 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to modify the special use permit for 3233 acres zoned Interstate Highway Interchange - Special Use District located on Son - Lan Parkway and at the I - 40 NC 42 Interchange in Cleveland Township The modification will add multi - family and single family residential uses to areas previously designated as Retail Office Mr Gray entered the fact sheet and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 09 - 12 MOD 3 on November 3 , 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 , storm water and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On December 16 , 2014 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 09 - 12 MOD 3 and made the following recommendations Page394 February 2 , 2015 – 6 00 pm Continued Upon a motion by Mr Letchworth to approve the Modification for Case 09 - 12 , seconded by Mr Massengill , and carried by a unanimous vote of 7 - 0 , the Johnston County Planning Board approved the Modification for Case 09 - 12 at the December 16th , 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 Development is located directly adjacent to Interstate 40 , with proposed entrances approximately 1,220 and 3,360 feet from the center of the I - 40 NC 42 interchange It is located on the opposite side of NC 42 from an existing Lowe’s Home Improvement and an approved Wal - Mart development The property is currently zoned I - 2 and a portion of the property lies within the IHI overlay district The proposed zoning reclassification is IHI special Use District The land design is intended to facilitate a multi - use development including shopping , dining , lodging , entertainment , institutional , corporate and professional offices , and residential uses The Development will emphasize controlled access , curb appeal , efficient traffic flow , and safety The Development will utilize two access points on NC 42 and will carry out and abide by the recommendations and directives of the Traffic Impact Analysis conducted in 2009 Staff The current master plan allows for commercial development which could have a greater impact on public health and safety than the proposed uses The surrounding area is primarily commercial with no immediate adjacent single family residential uses No construction is proposed within the wetlands and flood plain of Swift Creek A traffic analysis was evaluated by NCDOT and the County’s consultant to ensure adequate flow of traffic 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 Development will comply with all local , state , and federal building codes and regulations and shall meet or exceed all landscaping , parking , lighting , and runoff requirements Additional restrictions forbidding undesirable uses are incorporated in the current Special Use Permit Staff The use shall comply with the use and intensity regulations as set forth in the Land Development Code Since this is a special use case , the proposed development will be limited based on the conditions in the Special Use Permit 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 Area demographics over the past two decades reveal that the area surrounding the Development has changed from largely agricultural to residential made up of citizens with disposable income , who currently travel several miles to other communities for shopping , medical needs , dining , professional services , and employment The Development is consistent with adjacent properties , which are currently in use as restaurants , retail , and lodging , and is in close proximity to many residential neighborhoods The proposed uses are much needed , and keeping the existing residents in the area will benefit not just the Development but also all of the businesses and developments in the area of the interchange Its location adjacent to an interested highway makes the Development the best and highest use of the property Staff The proposed development is bordered by existing commercial development compatible with the proposed uses A natural buffer exists to the north and east due to the undisturbed floodplain and buffers of Swift Creek The area is near the 40 42 interchange with part of the property already in the Interstate Highway Interchange District 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 Development is located immediately adjacent to the existing IHI district a portion of the property lies within the IHI district and will therefore be consistent with other developments and with the current development policies for the area Developer has communicated frequently with Staff in order to be fully apprised of the county’s policies so as to make all plans in conformity therewith All aspects of the Development shall comply with applicable land development codes and conditions as imposed or expressed by the Planning Board The buildings constructed in the Development shall be designed and constructed so that the exterior elevation shall be architecturally and aesthetically consistent and compatible The design and construction shall be of high quality , consistent with projects performed by the Developer in the past No building constructed on the property shall exceed 60 ’ including all mechanical improvements and architectural embellishments in height above finished grade NO building shall have a metal exterior Any rooftop equipment constructed on the buildings shall be screened so as not to be visible from the mean finished elevation of the respective parking area Any portion of the buildings facing the interstate shall be aesthetically attractive and all garbage receptacles shall be located and screened from travelers on the interstate 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 as well as all traffic improvement requirements prescribed by the Traffic Impact Analysis and NCDOT Specific Land Uses APPLICANT All uses allowed under the IHI zoning designation EXCEPT adult businesses , airport , animal husbandry , extraction of earth products , novelty shops but excluded only to the extent such shop is an “ adult business ” , boarding houses , trucking terminals , and campgrounds travel trailer parks ; but INCLUDING specifically art galleries , barber beauty shop , building materials supplies , car wash , church , club private public , community facility , day care center children , dry cleaning , mini - storage , museum , residential dwelling - within office commercial building ie , mixed use , research activities , theater , tire sales , vehicle sales recreational , veterinary hospital , and single family residential uses Special Use Conditions Page395 February 2 , 2015 – 6 00 pm Continued 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning Department Staff 3 Submission of a unified sign plan for review and approval by the Planning Department Staff 4 No portion of the development will be used for adult businesses , airport , animal husbandry , extraction of earth products , novelty shops but excluded only to the extent such shop is an “ adult business ” , boarding houses , trucking terminals , and campgrounds travel trailer parks 5 No uses permitted by the Heavy Industrial I2 and Agricultural Residential AR Zoning Districts will be allowed unless specifically allowed by the Special Use Permit 6 Hours of operation shall be 24 hours , Monday through Sunday 7 A Class A landscape buffer shall be installed along all rezoning lines 2 large trees , 2 small trees and 6 shrubs every one hundred 100 linear feet unless existing natural vegetation is acceptable in lieu of the Class A buffer if equal or more intense 8 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 10 New access points onto NC 42 shall be limited to one full service street aligned with the existing WalMart access signal light and two right - in right - outs as shown on the site plan 11 Must obtain commercial driveway permit s from DOT and comply with all NCDOT traffic improvement requirements 12 The 100 year floodplain and riparian buffer along Swift Creek shall not be disturbed 13 A 100 ’ riparian buffer shall be applied along Swift Creek 14 Signage or pavement markings shall be utilized for the far right turn lane on the eastbound exit ramp indicating that the lane shall turn right at Glen Road 15 All traffic improvements required through the Traffic Impact Analysis and as shown on a map kept on record at the Johnston County Planning Department created by Kimley - Horn and Associates , Inc and entitled Crosland Assemblage – River Oaks , dated 8 - 3 - 09 16 The Developer will be responsible for all required traffic improvements 17 Developer will work with staff and the TIA Consultants to develop a schedule to ensure that improvements stay ahead of the development A schedule has been completed and is on file at the Planning Department 18 Subsequent site plan submittals to Planning staff shall contain architectural design standards comparable to or equal to those shown on the slide presentation labeled as Exhibit # 1 located within the Case 09 - 12 Rezoning File on record at the Johnston County Planning Department Mr Gray described the location of the property and reported there is currently no development on the site He stated the surrounding zonings include Industrial 2 with the Interstate Highway Interchange overlay for a veterinary clinic , bank , restaurants , convenience gas stations , hotels , Lowe’s Home Improvement , and multi - tenant commercial buildings ; several parcels zoned Agricultural Residential with the Interstate Highway Interchange overlay for a convenience and gas station and two hotels ; and two parcels zoned General Business – Special Use District with the Interstate Highway Interchange overlay and used for multitenant uses and the Wal - Mart shopping center Mr Gray stated the area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan This denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally , this site is located within a “ Regional Centers ” activity node Mr Gray noted the Board of Commissioners heard the development in 2009 when it was considered as a multi - use development He stated the tract was divided into sections for retail , residential , and a mixture of development Mr Gray stated multi - family was designed and there were 550 residential units designated in the original approval He stated the applicant wants to rearrange some of the area and move the residential around within the retail and commercial areas Mr Gray pointed out they will be losing some of the commercial area and adding more area for residential , but not increasing the 550 residential units The actual intensity of the development will decrease because of the lack of commercial Mr Gray reviewed the revised site plan with the Board as was included in the agenda packet Lanny Clifton , 2701 Polenta Road , Clayton representing Applicant Son - Lan Classic Development Company , stated the revised site plan is to account for a realignment of the road within the development He explained the plans for the road realignment to the Board Upon a question by Commissioner Cookie Pope , Mr Clifton stated they are trying to rearrange the development to hopefully attract upscale businesses There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the modification based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions Mr Gray stated the proposed modification is compatible with existing development adjacent to the subject area Page396 February 2 , 2015 – 6 00 pm Continued At the inquiry of Commissioner Allen L Mims , Jr , Mr Gray reported because the intensity is being decreased , a new Traffic Impact Analysis was not required He noted the original Traffic Impact Analysis has not expired and remains in effect so the original requirements by the Department of Transportation must be met Mr Gray briefly reviewed the Traffic Impact Analysis maps with the Board There being no further comments , the Chairman recessed the Special Use Hearing for Case 09 - 12 MOD 3 Decision on Special Use Case 09 - 12 MOD 3 Case 09 - 12 MOD 3 Petition to modify the Special Use Permit for 3233 acres zoned Interstate Highway Interchange - Special Use District IHI - SUD located on Son - Lan Parkway and at the I - 40 NC 42 Interchange in Cleveland Township The modification will add multi - family and single family residential uses to areas previously designated as Retail Office Tax ID 06E02002 ; 06D01022 Owners Son - Lan Classic Development Company , Applicant Son - Lan Classic Development Company Based on the findings of facts and special use conditions as listed below , Commissioner Ted G Godwin moved the Board approve the petition to modify the special use permit for 3233 acres zoned Interstate Highway Interchange - Special Use District located on Son - Lan Parkway and at the I - 40 NC 42 Interchange in Cleveland Township to add multi - family and single family residential uses to areas previously designated as Retail Office Commissioner Cookie Pope seconded the motion which carried by unanimous vote 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 Development is located directly adjacent to Interstate 40 , with proposed entrances approximately 1,220 and 3,360 feet from the center of the I - 40 NC 42 interchange It is located on the opposite side of NC 42 from an existing Lowe’s Home Improvement and an approved Wal - Mart development The property is currently zoned I - 2 and a portion of the property lies within the IHI overlay district The proposed zoning reclassification is IHI special Use District The land design is intended to facilitate a multi - use development including shopping , dining , lodging , entertainment , institutional , corporate and professional offices , and residential uses The Development will emphasize controlled access , curb appeal , efficient traffic flow , and safety The Development will utilize two access points on NC 42 and will carry out and abide by the recommendations and directives of the Traffic Impact Analysis conducted in 2009 Staff The current master plan allows for commercial development which could have a greater impact on public health and safety than the proposed uses The surrounding area is primarily commercial with no immediate adjacent single family residential uses No construction is proposed within the wetlands and flood plain of Swift Creek A traffic analysis was evaluated by NCDOT and the County’s consultant to ensure adequate flow of traffic 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 Development will comply with all local , state , and federal building codes and regulations and shall meet or exceed all landscaping , parking , lighting , and runoff requirements Additional restrictions forbidding undesirable uses are incorporated in the current Special Use Permit Staff The use shall comply with the use and intensity regulations as set forth in the Land Development Code Since this is a special use case , the proposed development will be limited based on the conditions in the Special Use Permit 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 Area demographics over the past two decades reveal that the area surrounding the Development has changed from largely agricultural to residential made up of citizens with disposable income , who currently travel several miles to other communities for shopping , medical needs , dining , professional services , and employment The Development is consistent with adjacent properties , which are currently in use as restaurants , retail , and lodging , and is in close proximity to many residential neighborhoods The proposed uses are much needed , and keeping the existing residents in the area will benefit not just the Development but also all of the businesses and developments in the area of the interchange Its location adjacent to an interested highway makes the Development the best and highest use of the property Staff The proposed development is bordered by existing commercial development compatible with the proposed uses A natural buffer exists to the north and east due to the undisturbed floodplain and buffers of Swift Creek The area is near the 40 42 interchange with part of the property already in the Interstate Highway Interchange District 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 PagePage pageNumber5397 February 2 , 2015 – 6 00 pm Continued Applicant The Development is located immediately adjacent to the existing IHI district a portion of the property lies within the IHI district and will therefore be consistent with other developments and with the current development policies for the area Developer has communicated frequently with Staff in order to be fully apprised of the county’s policies so as to make all plans in conformity therewith All aspects of the Development shall comply with applicable land development codes and conditions as imposed or expressed by the Planning Board The buildings constructed in the Development shall be designed and constructed so that the exterior elevation shall be architecturally and aesthetically consistent and compatible The design and construction shall be of high quality , consistent with projects performed by the Developer in the past No building constructed on the property shall exceed 60 ’ including all mechanical improvements and architectural embellishments in height above finished grade NO building shall have a metal exterior Any rooftop equipment constructed on the buildings shall be screened so as not to be visible from the mean finished elevation of the respective parking area Any portion of the buildings facing the interstate shall be aesthetically attractive and all garbage receptacles shall be located and screened from travelers on the interstate 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 as well as all traffic improvement requirements prescribed by the Traffic Impact Analysis and NCDOT Specific Land Uses APPLICANT All uses allowed under the IHI zoning designation EXCEPT adult businesses , airport , animal husbandry , extraction of earth products , novelty shops but excluded only to the extent such shop is an “ adult business ” , boarding houses , trucking terminals , and campgrounds travel trailer parks ; but INCLUDING specifically art galleries , barber beauty shop , building materials supplies , car wash , church , club private public , community facility , day care center children , dry cleaning , mini - storage , museum , residential dwelling - within office commercial building ie , mixed use , research activities , theater , tire sales , vehicle sales recreational , veterinary hospital , and single family residential uses Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning Department Staff 3 Submission of a unified sign plan for review and approval by the Planning Department Staff 4 No portion of the development will be used for adult businesses , airport , animal husbandry , extraction of earth products , novelty shops but excluded only to the extent such shop is an “ adult business ” , boarding houses , trucking terminals , and campgrounds travel trailer parks 5 No uses permitted by the Heavy Industrial I2 and Agricultural Residential AR Zoning Districts will be allowed unless specifically allowed by the Special Use Permit 6 Hours of operation shall be 24 hours , Monday through Sunday 7 A Class A landscape buffer shall be installed along all rezoning lines 2 large trees , 2 small trees and 6 shrubs every one hundred 100 linear feet unless existing natural vegetation is acceptable in lieu of the Class A buffer if equal or more intense 8 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 10 New access points onto NC 42 shall be limited to one full service street aligned with the existing WalMart access signal light and two right - in right - outs as shown on the site plan 11 Must obtain commercial driveway permit s from DOT and comply with all NCDOT traffic improvement requirements 12 The 100 year floodplain and riparian buffer along Swift Creek shall not be disturbed 13 A 100 ’ riparian buffer shall be applied along Swift Creek 14 Signage or pavement markings shall be utilized for the far right turn lane on the eastbound exit ramp indicating that the lane shall turn right at Glen Road 15 All traffic improvements required through the Traffic Impact Analysis and as shown on a map kept on record at the Johnston County Planning Department created by Kimley - Horn and Associates , Inc and entitled Crosland Assemblage – River Oaks , dated 8 - 3 - 09 16 The Developer will be responsible for all required traffic improvements 17 Developer will work with staff and the TIA Consultants to develop a schedule to ensure that improvements stay ahead of the development A schedule has been completed and is on file at the Planning Department 18 Subsequent site plan submittals to Planning staff shall contain architectural design standards comparable to or equal to those shown on the slide presentation labeled as Exhibit # 1 located within the Case 09 - 12 Rezoning File on record at the Johnston County Planning Department The Chairman opened the Rezoning Hearing for Case 14 - 26 Case 14 - 26 Petition to rezone 5506 acres out of an 8234 acre tract located at 5781 Hinnant - Edgerton Road SR 1001 in Micro Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 10P08001 Owner JW Bizzell and Edith Bizzell Applicant Bizzell Church Solar 1 LLC Planning Director Berry Gray reported there are three cases related to Bizzell Church Solar He explained Cases 14 - 26 , 14 - 27 , and 14 - 28 are all adjacent to each other in the same area Mr Gray reported staff received a notification from the applicant this afternoon that adjustments were being made on Cases 14 - 27 and 14 - 28 and staff has not had a chance to review those adjustments He stated because staff had not seen thePagePage pageNumber6398 February 2 , 2015 – 6 00 pm Continued adjustments nor had they been distributed in the agenda packet so the general public could be aware of the changes , the applicant asked that Cases 14 - 27 and 14 - 28 be held over until the March meeting Chairman Tony Braswell accepted the request from the applicant to table Cases 14 - 27 and 14 - 28 until the March 2 , 2015 6 00 pm meeting and the Board agreed by consent Chairman Braswell instructed staff to make sure the revised plans are made available to the general public as well as directly communicated to the surrounding property owners Mr Gray stated Case 14 - 26 is a petition to rezone 5506 acres out of an 8234 acre tract located at 5781 Hinnant - Edgerton Road in Micro Township from Agricultural Residential to Industrial 2 – Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for a solar utility facility Mr Gray explained the location of the property and stated the existing use is zoned Agricultural Residential and used for such purposes The surrounding land uses are zoned Agricultural Residential ; Community Business for a church ; and General Business – Special Use District and Industrial 1 – Special Use District for an automotive repair business The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years Mr Gray stated a community meeting was held by the applicant on November 12 , 2014 and there are two homes within close proximity to the subject site Mr Gray called to the Board’s attention a slightly revised site plan in the agenda packet from what the Planning Board originally reviewed at the Planning Board meeting He stated the site plan was changed to add an area in the middle of the subject site as part of the solar farm He stated that section of property was already a part of the rezoning request and was advertised accordingly Mr Gray also noted the applicant is deleting plans for solar panels along the easement that cuts through the property but reiterated that the zoning area has not changed Attorney Brett Hanna with Smith Moore & Leatherwood , 434 Fayetteville Street , Raleigh , representing Applicant Bizzell Church Solar 1 LLC , addressed the Board Mr Hanna stated the project is designed and proposed to operate so as to maintain the public health , safety , and general welfare of the community He stated it will be constructed according to utility regulations and will have a six foot high fence surrounding the site with barbed wire at the top , will generate less traffic than a single family dwelling , will make very little noise , and generate very little activity He continued that electricity is a public necessity and solar operations are a clean way to generate electricity Mr Hanna stated the development is designed to enhance contiguous property and they will not require services such as water and wastewater Mr Hanna stated the operation will be much less visible than a standard subdivision and noted the real estate appraiser can testify there will be no impacts to surrounding property values Mr Hanna stated the operation will conform to the County’s development code and is compatible with the County’s Comprehensive Land Use Plan Mr Hanna reviewed the site plan with the Board specifically pointing out design plans to help blend the property in with the surrounding area , plans for fencing , and access points He noted an area on the site plan where an adjacent property owner has requested the fence to be moved and they have agreed to that request to satisfy the property owner’s concerns Commissioner Allen L Mims , Jr asked about the type of ground cover that would be used and if their business plan had changed any due to the recent price of oil dropping Commissioner Mims also asked how the generated electricity would feed into the grid James Luster , 7902 Joshua Tree Lane , Jacksonville , Florida , speaking on behalf of the applicant stated their project is not impacted by changes in oil prices because they have a 15 year contract with Duke Energy at set amounts Mr Luster stated the electricity will feed into the adjacent Duke Energy line along the road He reported Duke Energy evaluates these types of projects under heavy scrutiny and will not approve them if there would be negative impacts to the existing grid Mr Luster stated the ground cover would be grass that will be mowed and maintained At the inquiry of Commissioner Ted G Godwin , Mr Luster stated he is aware of the solar farm located near North Johnston High School and there would be very little difference between that operation and this proposed facility Terry Thompson , 65 Brentwood Drive , Selma , asked if the proposed project would increase neighboring homeowners ’ utility bills He also asked if the reflection from the panels would impact the neighboring properties PagePage pageNumber7399 February 2 , 2015 – 6 00 pm Continued Mr Luster responded the panels are designed to absorb all heat and turn it into energy so there would be no impacts to surrounding property owners or their utility bills Mr Luster stated the panels have a no reflective coating and the entire site will be surrounded by a fence for safety There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 14 - 26 Decision on Rezoning Case 14 - 26 Case 14 - 26 Petition to rezone 5506 acres out of an 8234 acre tract located at 5781 Hinnant - Edgerton Road SR 1001 in Micro Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 10P08001 Owner JW Bizzell and Edith Bizzell Applicant Bizzell Church Solar 1 LLC Commissioner DeVan Barbour moved the Board adopt the following Statement of Consistency Resolution for Case 14 - 26 Commissioner Ted G Godwin seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 14 - 26 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement as to whether the amendment is consistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 10P08001 located at 5781 Hinnant - Edgerton Road as shown on the attached Exhibit A , from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment is consistent due to compatibility with Objective 2C which promotes the reduction of incompatible uses through the use of vegetative screening which is required for this request and there are limited impacts of the solar farm with regards to traffic , noise , smell , runoff , or emissions 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The conditions , including evergreen buffering and height restrictions will ensure that the request is compatible with the surrounding area and will not negatively impact the public Adopted this the 2nd day of February , 2015 Commissioner DeVan Barbour moved the Board approve Rezoning Case 14 - 26 to rezone 5506 acres out of an 8234 acre tract located at 5781 Hinnant - Edgerton Road in Micro Township from Agricultural Residential to Industrial 2 – Special Use District Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 14 - 26 Case 14 - 26 To allow for a solar utility facility Owner JW Bizzell and Edith Bizzell Applicant Bizzell Church Solar 1 LLC PagePage pageNumber8400 February 2 , 2015 – 6 00 pm Continued Those wishing to speak on Special Use Case 14 - 26 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to allow for a solar utility facility Mr Gray entered the fact sheet and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 14 - 26 on October 1 , 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 December 16 , 2014 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 14 - 26 and made the following recommendations Upon a motion by Mr Smith to approve Case 14 - 26 , seconded by Ms Hackler , with Mr Massengill and Summerlin th , opposing The Board approved the rezoning of Case 14 - 26 from AR to I2 - SUD with a vote of 4 - 2 at the December 16 2014 Planning Board Meeting Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that Objective 2C promotes the reduction of incompatible uses through the use of vegetative screening which is required for this request and there are limited impacts of the solar farm with regards to traffic , noise , smell , runoff , or emissions The request is reasonable and in the public interest in that the conditions , including evergreen buffering and height restrictions , 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 14 - 26 , seconded by Ms Hackler , with Mr Massengill opposing , the Special Use Permit for Case 14 - 26 was approved based on the following findings of fact and conditions with a vote of 5 - 1 Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed solar farm will be maintained and promote the public health , safety , or general welfare Solar farms are regularly located in residential and agricultural areas Solar farms are good neighbors Solar panels mounted on racks are less than 10 feet tall at their highest point , much lower than the average home or barn The site will generate virtually no traffic The solar farm will not be staffed daily Employees are expected to visit the property weekly or less frequently to check and maintain the equipment , mow the grass , and make repairs The active area of the solar farm will be enclosed by a 6 foot 6 security fence and gated for security purposes Access codes to the gate will be provided to local emergency service providers Vehicular access to the site is adequate for the use proposed and for emergency services Staff The site will be fenced in completely and the solar panels are not to generate any safety issues or a nuisance to surrounding property owners This request 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 The proposed solar farm conforms to the applicable regulations of the Johnston County Land Development Code , the I - 2 SU zoning district and the Solar Energy Generation Facility All solar mounting devices and ground - mounted solar equipment are more than twenty feet 20 from all property lines and all solar mounting devises are less than forty feet 40 in height The site is well landscaped along adjacent residential uses Staff The use shall comply with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The proposed solar farm is located , designed and proposed to be operated so as to maintain the value of contiguous property Solar farms are quiet The solar arrays proposed have no moving parts The only sound is the quiet hum of electrical transformers and inverters that deliver solar power to the power grid At night , when the sun is not available , there is no energy being created and no noise on the site Solar farms generate farPagePage pageNumber9401 February 2 , 2015 – 6 00 pm Continued fewer vehicle trips than one average single - family home Employees visit the site once a week or even less frequently Solar panels are designed to absorb light , rather than reflect it No lighting is proposed for the solar farm In addition , electricity is a public necessity Demand for electricity has increased in recent years , and our society is dependent upon conventional sources of power such as coal , gas , and nuclear energy Conventional sources of electricity are expensive , finite resources that require significant environmental disruption and public safety risk to maintain or extract Solar energy is a clean , cheap , unlimited resource with little environmental impact Staff The site will be maintained by someone locally , 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 The proposed solar farm conforms with the general plans for physical development of the countys planning jurisdiction The subject property is located within the Secondary Growth Area under the Johnston County 2030 Comprehensive Plan The Secondary Growth Areas are not contemplated for urban - style development before 2030 Solar farms make good transitional land uses They allow property owners to maintain large lots while generating income for themselves Solar farms preserve rural character Solar farms consume practically no county services no seats in county schools or on school buses , virtually no refuse or recycling needs , no special police protection , no light pollution , no emissions of any kind , no demand for water , and no sewage disposal 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 a solar farm Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 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 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install a class “ C ” landscape buffer 3 large trees , 4 evergreen trees and 12 evergreen shrubs per every 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense 6 Maximum height of equipment shall be 10 ’ 7 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 8 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barb wire 9 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 10 Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being maintained or used in an operable state of good repair Mr Gray listed and reviewed the special use conditions with the Board Commissioner Ted G Godwin asked about condition # 10 and what recourse the County would have if the facility is not removed when it is no longer being maintained or used Mr Gray responded staff would handle the situation just like any other zoning enforcement matter in order to get compliance from the owner to remove the equipment Attorney Brett Hanna with Smith Moore & Leatherwood , 434 Fayetteville Street , Raleigh , representing Applicant Bizzell Church Solar 1 LLC , stated plans are to construct a facility that will be consistent with the health and wellbeing of the citizens as well as to comply with the County’s ordinances Mr Hanna pointed out the applicant has agreed to move the fence so it will be more consistent with what the neighbors have requested Mr Hanna submitted sworn affidavits from Real Estate Appraiser J Thomas Hester and Registered Landscape Architect Kevin Gorman into the record Upon questions by Chairman Tony Braswell and Commissioner DeVan Barbour , Mr Hanna stated the applicant does agree to the proposed special use conditions Mr Hanna informed the Board that there is an economic incentive to remove the equipment once it is no longer in operation because of the salvage value of the panels At the inquiry of Commissioner Allen L Mims , Jr , Mr Hanna stated the basic life span of such facilities is approximately 30 years There being no further public comments , the Chairman closed the public comment portion of the hearing Page0402 February 2 , 2015 – 6 00 pm Continued Mr Gray reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions Commissioner DeVan Barbour asked if condition # 10 could be amended so that the facility would have to be removed not only when the Zoning Administrator has determined that it is no longer being maintained but also if it ceases operations Commissioner Ted G Godwin questioned if the additional language is needed so long as the site is properly maintained Commissioner Barbour stated he wants to make sure the site would be cleaned up for the protection of the surrounding property owners if the operation were to cease Commissioner Barbour stated if the site is not in operation then it is not making money and he is concerned that the company would not spend the funds needed to properly maintain the property if it is not making money County Attorney Jennifer Slusser advised revising the condition to state “ Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being operated , maintained or used in an operable state of good repair ” There being no further comments , the Chairman recessed the Special Use Hearing for Case 14 - 26 Decision on Special Use Case 14 - 26 Case 14 - 26 To allow for a solar utility facility Owner JW Bizzell and Edith Bizzell Applicant Bizzell Church Solar 1 LLC Based on the findings of facts and revised special use conditions adding “ operated ” to condition # 10 , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 14 - 26 to allow for a solar utility facility on 5506 acres out of an 8234 acre tract located at 5781 Hinnant - Edgerton Road in Micro Township Commissioner Chad M Stewart seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed solar farm will be maintained and promote the public health , safety , or general welfare Solar farms are regularly located in residential and agricultural areas Solar farms are good neighbors Solar panels mounted on racks are less than 10 feet tall at their highest point , much lower than the average home or barn The site will generate virtually no traffic The solar farm will not be staffed daily Employees are expected to visit the property weekly or less frequently to check and maintain the equipment , mow the grass , and make repairs The active area of the solar farm will be enclosed by a 6 foot 6 security fence and gated for security purposes Access codes to the gate will be provided to local emergency service providers Vehicular access to the site is adequate for the use proposed and for emergency services Staff The site will be fenced in completely and the solar panels are not to generate any safety issues or a nuisance to surrounding property owners This request 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 The proposed solar farm conforms to the applicable regulations of the Johnston County Land Development Code , the I - 2 SU zoning district and the Solar Energy Generation Facility All solar mounting devices and ground - mounted solar equipment are more than twenty feet 20 from all property lines and all solar mounting devises are less than forty feet 40 in height The site is well landscaped along adjacent residential uses Staff The use shall comply with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The proposed solar farm is located , designed and proposed to be operated so as to maintain the value of contiguous property Solar farms are quiet The solar arrays proposed have no moving parts The only sound is the quiet hum of electrical transformers and inverters that deliver solar power to the power grid At night , when the sun is not available , there is no energy being created and no noise on the site Solar farms generate far fewer vehicle trips than one average single - family home Employees visit the site once a week or even less frequently Solar panels are designed to absorb light , rather than reflect it No lighting is proposed for the solar farm In addition , electricity is a public necessity Page1403 February 2 , 2015 – 6 00 pm Continued Demand for electricity has increased in recent years , and our society is dependent upon conventional sources of power such as coal , gas , and nuclear energy Conventional sources of electricity are expensive , finite resources that require significant environmental disruption and public safety risk to maintain or extract Solar energy is a clean , cheap , unlimited resource with little environmental impact Staff The site will be maintained by someone locally , 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 The proposed solar farm conforms with the general plans for physical development of the countys planning jurisdiction The subject property is located within the Secondary Growth Area under the Johnston County 2030 Comprehensive Plan The Secondary Growth Areas are not contemplated for urban - style development before 2030 Solar farms make good transitional land uses They allow property owners to maintain large lots while generating income for themselves Solar farms preserve rural character Solar farms consume practically no county services no seats in county schools or on school buses , virtually no refuse or recycling needs , no special police protection , no light pollution , no emissions of any kind , no demand for water , and no sewage disposal 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 a solar farm Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 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 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install a class “ C ” landscape buffer 3 large trees , 4 evergreen trees and 12 evergreen shrubs per every 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense 6 Maximum height of equipment shall be 10 ’ 7 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 8 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barb wire 9 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 10 Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being operated , maintained or used in an operable state of good repair The Chairman reopened the Rezoning Hearing for Case 14 - 29 Case 14 - 29 A petition to rezone 482 acres of a 12169 acre tract located at the intersection of Creech Road SR 2119 and NC Hwy 42 E in O’Neals Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 11O03003C Owner NC Golf Cars Plus , LLC Applicant NC Golf Cars Plus , LLC Planning Director Berry Gray stated the petition is to rezone 482 acres of a 12169 acre tract located at the intersection of Creech Road and NC Hwy 42 E in O’Neals Township from Agricultural Residential to General Business - Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for golf cars sales , service , and a self - storage facility Mr Gray stated the existing use is zoned Agricultural Residential and used for such purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes and Community Business for a gas station The area is located within a designated “ Agricultural Rural Conservations Area ” 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 Additionally this site is within one half - mile of a “ Neighborhood Centers ” Activity Node Attorney Chip Hewett , 101 Blackstone Lane , Selma , representing Applicant NC Golf Cars Plus , LLC addressed the Board Mr Hewett reported the applicant wishes to operate the golf cars business to face the road while the self - storage area would run the length of the property behind the golf cars sales area Mr Hewett stated they plan to access the site off Creech Road Mr Hewett introduced Barney Bailey of NC Golf Cars Plus , LLC in the audience stating Mr Bailey is available for questions Mr Hewett also introduced Engineer Andrew Hodge who has been working on the project Mr Hewett reviewed the site plan with the Board and spoke on plans for the storage facility and the location of the retention pond At the inquiry of Commissioner Allen L Mims , Jr , Mr Hewett stated the front part of the site would be the golf cars business and the back portion of the property would be separately fenced and secured for the self - storage units Page2404 February 2 , 2015 – 6 00 pm Continued There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 14 - 29 Decision on Rezoning Case 14 - 29 Case 14 - 29 A petition to rezone 482 acres of a 12169 acre tract located at the intersection of Creech Road SR 2119 and NC Hwy 42 E in O’Neals Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 11O03003C Owner NC Golf Cars Plus , LLC Applicant NC Golf Cars Plus , LLC Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution for Case 14 - 29 Commissioner Chad M Stewart seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 14 - 29 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement as to whether the amendment is consistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 11O03003C located at the intersection of Creech Road SR 2119 and NC Hwy 42 East as shown on the attached Exhibit A , from Agricultural Residential AR to General Business - Special Use District GB - SUD WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment is consistent in that the site is located near a commercial activity node and the use can be limited in scope with special conditions to blend in with a rural , low - density area 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The conditions such as limited hours of operation and vegetative buffering will ensure that the request is compatible with the surrounding area and will not negatively affect the public Adopted this the 2nd day of February , 2015 Commissioner Ted G Godwin moved the Board approve Rezoning Case 14 - 29 to rezone 482 acres of a 12169 acre tract located at the intersection of Creech Road and NC Hwy 42 E in O’Neals Township from Agricultural Residential to General Business - Special Use District Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 14 - 29 Case 14 - 29 To allow for golf cars sales , service , and a self - storage facility Owner NC Golf Cars Plus , LLC Applicant NC Golf Cars Plus , LLC Those wishing to speak on Special Use Case 14 - 29 were sworn in by the Clerk to the Board Page3405 February 2 , 2015 – 6 00 pm Continued Planning Director Berry Gray introduced the special use case and stated the petition is to allow for golf cars sales , service , and a self - storage facility Mr Gray entered the fact sheet and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 14 - 29 on October 22 , 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