June 1, 2015 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 612 Meeting of the Johnston County Board of Commissioners June 1 , 2015 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , June 1 , 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 Revisions to Johnston County Personnel Policy County Attorney Jennifer Slusser requested the Board to approve proposed revisions to the Personnel Policy that are necessary due to North Carolina Session Law 2014 - 88 Ms Slusser stated the revisions were submitted previously in the Board’s agenda packets and she offered to answer any questions Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the following revisions to the Johnston County Personnel Policy Page613 June 1 , 2015 – 6 00 pm Continued 3 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – May 20 and 27 , 2015 Certified letters were mailed to adjoining property owners on May 18 , 2015 Notices were posted at the locations on April 4 , 2015 for Cases 05 - 30 MOD ; 10 - 21 MOD ; 15 - 09 ; and 15 - 10 The Chairman opened the Special Use Hearing for Case 05 - 30 MOD Case 05 - 30 MOD Petition to modify the Special Use Permit Master Plan for a 18783 acre Planned Unit Development called Summerwind Plantation located along Glen Road SR 1547 in Cleveland Township The modification request is to designate a 1231 acre commercial area as multifamily to sections north of Glen Road and increase the number of multifamily dwelling units The property is zoned AR - SUD for a Planned Development Tax ID 06E02001Q and others Owner M & JM LLC Applicant M & JM LLC Those wishing to speak on Special Use Case 05 - 30 MOD 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 master plan for a 18783 acre Planned Unit Development called Summerwind Plantation located along Glen Road SR 1547 in Cleveland Township The modification request is to designate a 1231 acre commercial area as multifamily to sections north of Glen Road and increase the number of multifamily dwelling units Mr Gray entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 30 MOD 3 on October 29 , 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 April 21 , 2015 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 05 - 30 MOD 3 and made the following recommendations Upon a motion by Mr DeLaine to approve the Modification for Rezoning Case 05 - 30 , seconded by Mr Letchworth , agreed upon by Mr Creech and Mr Summerlin with Ms Hackler , Mr Smith , Mr Massengill in opposition , the Modification passed with a vote of 4 - 3 The Modification for Rezoning Case 05 - 30 was granted preliminary approval at the April 21st , 2015 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 request is to revise the existing Summerwind PUD’s previously designated 1231 acre Commercial tract to Multi - family use on the north side of Glen Road so that the overall PUD density is 15 units acre or less Staff The modification will be subject to special use conditions , which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The proposed Master Plan on the north side of Glen Road with this revision from Commercial use to Multi - family use 180 units will be designed and built in accordance with Johnston County’s latest Land Development Code , Design Manual , and Building Code Staff The proposed modification 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 The development will maintain the existing land values in the area This is not a low income project Our market studies indicate that this Multi - Family project can be supported by the area growth Page614 June 1 , 2015 – 6 00 pm Continued Staff The proposed modifications are consistent with area development and zoning This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant This project is located within the designated “ Primary Growth Area ” on the county’s Comprehensive Land Use Plan and is located within a “ Regional Center ” activity node Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Local agencies Specific Land Uses APPLICANT Mixed Use Planned Development Special Use Conditions 1 Permitted Uses Mixed Use Planned Development 2 Owners name and address 3 Complete flood plain information 4 Metes and bounds 5 Certifications 6 Entrance sign and street signs 7 Street name approval 8 Show lot sizes on final plat 9 Complete improvements or provide performance guarantee 10 Final plats must be signed by all current property owners 11 A driveway permit and subdivision design approval must be obtained prior to construction 12 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 13 It will be determined at the time the driveway permit application is submitted , what types of road improvements will be required 14 Examples of these improvements may include , but is not limited to , construction of a continuous three - lane section along SR 1547 Glen Rd from SR 1010 Cleveland Rd to Technology Drive The owner developer may be required to construct right deceleration lanes at each street entrance into the subdivision 15 Must comply with all NC DOT Driveway Permit standards and requirements 16 The owner developer should work closely with the Garner Apartments Associates to ensure that the proposed “ Street K ” ties into the proposed extension of Technology Drive 17 Approval of water & sewer system 18 Soil Erosion and Sedimentation Control Plan required 19 Stormwater Compliance ; Must submit a stormwater management plan , which must be approved prior to land disturbing activity 20 The multifamily section shall not exceed 15 units per acre as allowed by the Johnston County Land Development Code , limited to 120 334 total units until TIA is amended 21 Provide an opaque fence in addition to the vegetative buffer between the proposed multifamily units and Cleveland Springs 22 All recommended roadway improvements as stated in the Traffic Impact Analysis and required by NCDOT a Glen Road and MMR Tract 3 Driveway Intersection i Restripe the existing thru lane on EB Glen Road to shared thru right lane ii Restripe the existing thru lane on WB Glen Road to shared left thru lane iii Provide two - lane cross - section on NB MMR Tract 3 Driveway # 1 with one ingress and one egress Provide left right - turn lane for egress Provide 100 ’ internal protected stem iv Right - in Right - out access will be required Ingress traffic to MMR Tract 3 shall utilize driveway associated with MMR Phase II on the site plan b Glen Road and Summerwind Plantation Dr MMR Tract 3 Driveway Intersection i Restripe the existing thru lane on EB Glen Road to shared thru right lane ii Restripe the existing painted island on WB Glen Road to provide 100 ’ left - turn lane iii Provide two - lane cross - section on NB MMR Tract 3 Driveway # 2 with one ingress and one egress Provide left thru right lane for egress Provide 100 ’ internal protected stem iv Stripe the existing pavement on SB Summerwind Plantation Drive to provide 150 ’ shared left thru lane and right - turn lane v Restripe widen MMR Tract 3 Driveway as necessary to provide for left turn lane as indicated by TIA report Please note minor widening may be necessary to accommodate for appropriate tapers for left turn lanes c Summerwind Plantation Drive and Summerwind Plantation Apartments Entrance Intersection i Stripe the existing pavement on NB Summerwind Plantation Drive to provide 100 ’ left - turn lane and thru lane ii Provide two - lane cross - section on EB Summerwind Plantation Apartments Entrance with one ingress and one egress Provide a left right - turn lane for egress Provide 100 ’ internal protected stem d Glen Road and Summerwind Plantation Apartments Entrance Intersection i This intersection should be restricted to Right - in Right - out access only Restripe the existing thru lane on WB Glen Road to shared Thru Right LanePage615 June 1 , 2015 – 6 00 pm Continued ii Provide two - lane cross section one ingress , one egress on SB Summerwind Plantation Apartments Entrance Provide right - turn lane for egress Provide 100 ’ internal protected stem Mr Gray stated the surrounding zonings are Agricultural Residential – Special Use District and used for mixed use planned development as well as Interstate Highway Interchange and Industrial – 2 for a variety of commercial uses He noted Cleveland Springs is located to the northwest which is a mixed use planned development also Mr Gray stated Summerwind Plantation is already under construction with parts of the phases already complete that include some townhomes and single family homes on the same side of Glen Road with some additional multifamily and an assisted living facility on the south side of Glen Road The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally the site is located within a “ Regional Centers ” commercial activity node Mr Gray stated the activity node includes higher density housing He reported that Objective 4B in the Land Use Plan states that new developments should incorporate a variety of housing options and plan for appropriate locations for multi - family developments Mr Gray stated Summerwind Plantation was approved in 2005 and modified in 2011 for 120 multifamily units , 380 single family units , and 4563 acres of commercial with a total of 500 housing units Mr Gray stated the applicant wishes to increase their multifamily and decrease the single family with an overall increase of units to 626 which would be an increase of 126 units for Summerwind Plantation He stated the commercial area was approved at 4563 acres in 2011 but the applicant is asking to reduce that to 3332 acres Mr Gray called the Board’s attention to the revised master plan and reviewed the changes with them from the original plan that was approved in 2005 Mr Gray noted on the revised master plan , the site located to the south of Glen Road is listed as a future phase with 168 units and would require a separate modification as it is not a part of the request currently being considered Mr Gray stated if that separate modification were approved in the future , it would further increase the total number of units for the development He stated there is currently a pending application for that site that was tabled by the Planning Board in early 2014 Upon a question by Commissioner Jeffrey P Carver , Mr Gray stated the separate site located south of Glen Road is under a different developer and would have to be resubmitted to the Planning Board for review before coming to the Board of Commissioners if that developer were to decide to move forward Mr Gray stated the Traffic Impact Analysis was first completed in 2005 but has been revised to reflect the proposed modifications to the master plan He reported the traffic generation in 2005 was 8,971 vehicles per day and the new plan actually shows a reduction in traffic generation to 5,938 vehicles per day which is primarily due to the reduction in commercial area Mr Gray stated commercial uses generate significantly more traffic than residential , especially multifamily residential He stated the Department of Transportation has reviewed the Traffic Impact Analysis and provided comments which were included in the agenda packet Mr Gray reviewed the comments from the Department of Transportation with the Board regarding the traffic improvements Mr Gray stated the proposed modification plan was submitted to Patrick Jacobs with Johnston County Schools back in November 2014 for their review and those numbers were taken into consideration and included in the ORED Report that was presented to the Board of Commissioners earlier this year Mr Gray offered to answer any questions Jamie Guerrero of Wetherill Engineering , 559 Jones Franklin Road , Raleigh , representing the applicant , offered to answer any questions by the Board Mr Guerrero introduced Frank Price also of Wetherill Engineering who completed the traffic study Commissioner Allen L Mims , Jr asked what type of clientele is being targeted for the multifamily Mr Guerrero stated the multifamily would be a higher end apartment complex that would most likely target ages 50 and up or young professionals just starting out before they buy their first home Mr Price added there is some rent - supported development on the south side of Glen Road ; however , the subject proposal is not a part of that development Mr Price stated as far as school enrollment , this modification was included by Johnston County Schools ; however , he noted that most of the time those aged 55 and over do not have school aged children Chairman Tony Braswell asked about the community meeting and what were some of the concerns expressed at that meeting PagePage pageNumber5616 June 1 , 2015 – 6 00 pm Continued Mr Guerrero stated he thinks the primary concern from the community meeting was that the neighboring residents wanted to know what kind of apartments would be in the multifamily and if they would be government subsidized which they would not be Maurice Wren of H & H Homes , 2919 Breezewood Avenue , Fayetteville , speaking with Mr Guerrero for the applicant , stated he was at the community meeting and there was some concerns regarding the apartments , but once the facts about the proposed modification were presented to the neighboring residents he felt the residents were more comfortable with their plans Mr Wren stated the apartments would not be low income or subsidized and would have nice components such as granite countertops and wood cabinetry Mr Wren stated there were also questions about landscaping and buffering but at that community meeting they assured the residents that they have designed a good landscaping plan to provide a buffer between the communities He noted the other concern was traffic , but stated with the apartments they will have less traffic than they would have had with commercial Mr Wren stated he feels like they answered the residents ’ major questions at that community meeting Chairman Braswell stated in reading the minutes from the Planning Board , there was a lot of concern regarding schools , but as Mr Gray stated in his opening remarks , this modification was submitted to Johnston County Schools who did include these numbers in their data Chairman Braswell asked if the applicant agrees to the special use conditions Mr Wren stated they do agree with the special use conditions It was determined that additional people in the audience wished to speak on the petition and those people were sworn in by the Clerk to the Board Joe Bishop , 46 Callahan Trail , Garner , stated he lives directly behind the subject site Mr Bishop questioned if the targeted population is young professionals and older adults then how would the traffic congestion be lessened and how would school enrollments be impacted Mr Bishop stated he purchased his single family home ten years ago and since that time there have been good and bad changes He continued that since they purchased their home and since the economy had changed , the value of their home has decreased approximately 30,000 Mr Bishop stated when they learned that apartments were proposed in the modification he contacted two different realtors who both informed him that if the modification is approved his home value would drop again Mr Bishop stated this is the third developer that has had the project and because people are not buying single family homes they now want to build apartments Mr Bishop stated he cannot afford another drop in his property value Chairman Braswell stated the Board must consider comments as evidence and he asked Mr Bishop how he determined the value of his property had decreased 30,000 Mr Bishop stated the 30,000 decrease is based on the original purchase price compared with the tax value and what they could sell it for in today’s market At the inquiry of Commissioners Jeffrey P Carver and Allen L Mims , Jr , Mr Bishop stated he is not a real estate agent or a licensed appraiser , but he has appraisals available at home that he could submit to the Board Mr Bishop stated he does not have copies with him ; however , he could send signed petitions to the Board where he has contacted at least 75 other homeowners who could not attend the meeting but do not support the apartments Mr Bishop stated he was unaware that the Board of Commissioners would actually be voting on the request at this meeting Commissioner Carver asked Planning Director Berry Gray if he had any of the documentation referenced by Mr Bishop Mr Gray stated staff has not received the documentation referenced by Mr Bishop Wendell Jenkins , 31 Marsh Creek Drive , Garner , asked when the modification plan for the apartments was submitted Mr Gray stated the modification request was submitted to the Planning Department on November 1 , 2014 Mr Jenkins stated he purchased his home two months prior to the modification submittal Mr Jenkins stated at their last community meeting , the residents were told there was a plan to put 38 new homes in a cul - de -PagePage pageNumber6617 June 1 , 2015 – 6 00 pm Continued sac area inside Summerwind Plantation which faces his home Mr Jenkins stated if that happens , a road will be constructed in front of his home and if he had known about those plans , he would not have purchased his home Mr Jenkins stated a lot of things have happened and he does not support the apartments Mr Jenkins stated as a homeowner , he wants a community atmosphere with homes , families , and people like himself Mr Jenkins stated he has nothing against apartments , but that is not what he bought into when he purchased his home and he is against the request Mr Jenkins also expressed concerns that amenities which were promised to them have not been constructed He stated they were promised a pool but it has not been constructed , yet more apartments are being planned Mr Jenkins also spoke on his concerns that they were told by Johnston County Schools that buses could not go into their community to pick up the children because the builder has not applied for the proper permits to allow school buses to travel into the subdivision Mr Jenkins stated children must walk a distance to another community to be picked up by the bus Mr Jenkins expressed concerns that the people in the community are not getting all the information they need regarding future development plans Commissioner DeVan Barbour asked if the roads are state maintained Mr Gray reported the roads are private and not state maintained which is why Johnston County Schools will not go into the subdivision with the buses Commissioner Carver asked about the amenities referenced by Mr Jenkins Mr Guerrero stated the amenities are under development and he has been personally working on those plans Mr Guerrero stated they are not under construction yet , but they are submitting plans for review and the goal is to have the pool constructed by next pool season Mr Guerrero stated he is aware the pool was promised before now but he assured everyone it is in the development process Commissioner Carver stated he thought the Board had changed the ordinance so that once a certain percentage of the development was constructed that no more building permits would be issued until the amenities were done Mr Gray stated Summerwind Plantation was not submitted with planned amenities He stated it was submitted solely with open space and any amenities that were promised he would assume were promised by the developer to the buyers Commissioner Ted G Godwin asked if the commercial area was not being modified and was instead being constructed as planned for commercial uses , how that would impact the homeowners and would it be perceived as something negative Mr Bishop readdressed the Board to answer the question posed by Commissioner Godwin Mr Bishop stated from their standpoint , the commercial area was part of the original development plan Mr Bishop stated ten years ago when they purchased their property , there was nothing there but an empty field and they asked at that time what was planned for that area Mr Bishop stated they were told that empty field was planned as the Summerwind Plantation recreation area which was to include a pool , clubhouse , and some other areas that would be a community zone for golf carts to park , etc but that has now all changed He stated the development is no longer the same dream that they were sold ten years ago Mr Bishop expressed his concerns with all the changes that have taken place Mr Price stated Mr Bishop is correct in that Summerwind Plantation was planned in accordance with the original master plan ; however , since that time with the downtown in the economy , that original developer declared bankruptcy in 2007 Mr Price stated the current applicant is picking up that bankrupt property and is requesting a revised plan Mr Price stated he realizes there is a concern over the value of the single family homes ; however , there will still be plans for 415 new single family lots and if the new developer did not think they could sell them then they would not be planning for them Mr Wren agreed that the residents should have a pool if it was promised to them ; however , he and H & H Homes were not part of the original development Mr Wren stated they rescued a failed development and they are now purchasing the lots Mr Wren stated he wants everyone to understand that there are more single family lots there and they have to sell those homes in order for them to survive Mr Wren stated they are hoping that they do not impact anything other than positively because if the existing home values are going down then that hurts them as developers Mr Wren stated they feel comfortable that they can build the apartments and maintain them for a certain type of demographic to increase the property values PagePage pageNumber7618 June 1 , 2015 – 6 00 pm Continued Chairman Braswell asked who would be responsible for the roads in the subdivision so they could be brought into the state maintained system Mr Price stated it is his understanding that the original developer wanted the streets to remain private so golf carts could travel on them and the subdivision was designed as such Mr Price stated if the current developer and the homeowners want the streets taken into the state maintained system there may be some upgrades required Mr Price spoke on the Department of Transportation requirements for accepting a road into the state maintained system Commissioner Mims stated most of the developments that have private streets want them for the reasons mentioned by Mr Price ; however , most of those developments have a homeowners association which usually collects fees to keep those streets maintained Commissioner Barbour noted the modification proposal would reduce the commercial area to 33 acres and he asked what the plans are for the remaining commercial area Mr Price stated no commercial is being planned at the present He stated it is his understanding that there are future plans to have a fully staffed assisted living facility in that area The Board briefly discussed the residents ’ concerns regarding school buses not being able to travel down state maintained roads Chairman Braswell stated he wanted to make sure everyone understood that the school buses are not within the County Commissioners ’ domain and those decisions are handled by the Board of Education Anna Pollard , 705 Glen Road , stated she lives in the townhomes on Glen Road Ms Pollard expressed concerns over stormwater runoff noting every time there is a heavy rain , her parking lot floods and the water comes to her door and she asked if the problem would get worse with the new development Ms Pollard also expressed concerns over traffic Mr Guerrero responded there will be a stormwater plan that will have to comply with Johnston County’s stormwater ordinance Mr Guerrero stated stormwater retention ponds are designed to try and contain the runoff Mr Guerrero explained the proposed design 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 briefly reviewed the proposed changes to the special use conditions associated with the modification He pointed out the condition with regards to the opaque fence requirement that the fence is in addition to a vegetative buffer between the proposed multifamily units and Cleveland Springs Commissioner Godwin asked what type of material is required for the opaque fence Mr Gray stated the opaque fence would be either wood or vinyl He stated chain link with slats would not be permitted Commissioner Carver stated the development has been proposed for ten years and for those that purchased homes over the past ten years it goes back to buyer beware Commissioner Carver spoke on the need for the area to incorporate and take control of their own destiny Commissioner Chad M Stewart stated he believes in the market place and developers typically do not build if they think they cannot sell Commissioner Stewart expressed his concerns that people are promised amenities such as pools , but then those amenities are not completed Commissioner Stewart stated to protect the people there should be accountability somewhere Commissioner Mims stated the amenities could be included as part of the special use conditions There being no further comments , the Chairman recessed the Special Use Hearing for Case 05 - 30 MOD PagePage pageNumber8619 June 1 , 2015 – 6 00 pm Continued Commissioner Barbour noted the applicant has stated the apartments will not be government subsidized and he asked if the Board could add a condition that would prohibit such apartments County Attorney Jennifer Slusser advised against adding such a condition stating the Board could be opening itself up to issues with the Fair Housing Act Mr Gray stated in the past , the Board has required conditions that the development must be constructed based on the plans and schematics that were presented in the agenda packet and on file in the Planning Office Decision on Special Use Case 05 - 30 MOD Case 05 - 30 MOD Petition to modify the Special Use Permit Master Plan for a 18783 acre Planned Unit Development called Summerwind Plantation located along Glen Road SR 1547 in Cleveland Township The modification request is to designate a 1231 acre commercial area as multifamily to sections north of Glen Road and increase the number of multifamily dwelling units The property is zoned AR - SUD for a Planned Development Tax ID 06E02001Q and others Owner M & JM LLC Applicant M & JM LLC Based on the findings of facts and revised special use conditions adding a condition that the amenities for Summerwind Plantation shall be installed by the time the subdivision is at 50 build - out and that the apartments must be designed based on the renderings submitted by the applicant and included in the agenda packet and found on file in the Planning Department , Commissioner Chad M Stewart moved the Board approve the petition to modify the special use permit master plan for a 18783 acre Planned Unit Development called Summerwind Plantation located along Glen Road in Cleveland Township to designate a 1231 acre commercial area as multifamily to sections north of Glen Road and increase the number of multifamily dwelling units 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 request is to revise the existing Summerwind PUD’s previously designated 1231 acre Commercial tract to Multi - family use on the north side of Glen Road so that the overall PUD density is 15 units acre or less Staff The modification will be subject to special use conditions , which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The proposed Master Plan on the north side of Glen Road with this revision from Commercial use to Multi - family use 180 units will be designed and built in accordance with Johnston County’s latest Land Development Code , Design Manual , and Building Code Staff The proposed modification 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 The development will maintain the existing land values in the area This is not a low income project Our market studies indicate that this Multi - Family project can be supported by the area growth Staff The proposed modifications are consistent with area development and zoning This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant This project is located within the designated “ Primary Growth Area ” on the county’s Comprehensive Land Use Plan and is located within a “ Regional Center ” activity node Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Local agencies Specific Land Uses APPLICANT Mixed Use Planned Development Special Use Conditions 1 Permitted Uses Mixed Use Planned Development 2 Owners name and address 3 Complete flood plain information 4 Metes and bounds 5 Certifications 6 Entrance sign and street signs 7 Street name approval 8 Show lot sizes on final platPagePage pageNumber9620 June 1 , 2015 – 6 00 pm Continued 9 Complete improvements or provide performance guarantee 10 Final plats must be signed by all current property owners 11 A driveway permit and subdivision design approval must be obtained prior to construction 12 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 13 Must comply with all NC DOT Driveway Permit standards and requirements 14 The owner developer should work closely with the Garner Apartments Associates to ensure that the proposed “ Street K ” ties into the proposed extension of Technology Drive 15 Approval of water & sewer system 16 Soil Erosion and Sedimentation Control Plan required 17 Stormwater Compliance ; Must submit a stormwater management plan , which must be approved prior to land disturbing activity 18 The multifamily section shall not exceed 15 units per acre as allowed by the Johnston County Land Development Code , limited to 334 total units 19 Provide an opaque fence in addition to the vegetative buffer between the proposed multifamily units and Cleveland Springs 20 All recommended roadway improvements as stated in the Traffic Impact Analysis and required by NCDOT a Glen Road and MMR Tract 3 Driveway Intersection i Restripe the existing thru lane on EB Glen Road to shared thru right lane ii Restripe the existing thru lane on WB Glen Road to shared left thru lane iii Provide two - lane cross - section on NB MMR Tract 3 Driveway # 1 with one ingress and one egress Provide left right - turn lane for egress Provide 100 ’ internal protected stem iv Right - in Right - out access will be required Ingress traffic to MMR Tract 3 shall utilize driveway associated with MMR Phase II on the site plan b Glen Road and Summerwind Plantation Dr MMR Tract 3 Driveway Intersection i Restripe the existing thru lane on EB Glen Road to shared thru right lane ii Restripe the existing painted island on WB Glen Road to provide 100 ’ left - turn lane iii Provide two - lane cross - section on NB MMR Tract 3 Driveway # 2 with one ingress and one egress Provide left thru right lane for egress Provide 100 ’ internal protected stem iv Stripe the existing pavement on SB Summerwind Plantation Drive to provide 150 ’ shared left thru lane and right - turn lane v Restripe widen MMR Tract 3 Driveway as necessary to provide for left turn lane as indicated by TIA report Please note minor widening may be necessary to accommodate for appropriate tapers for left turn lanes c Summerwind Plantation Drive and Summerwind Plantation Apartments Entrance Intersection i Stripe the existing pavement on NB Summerwind Plantation Drive to provide 100 ’ left - turn lane and thru lane ii Provide two - lane cross - section on EB Summerwind Plantation Apartments Entrance with one ingress and one egress Provide a left right - turn lane for egress Provide 100 ’ internal protected stem d Glen Road and Summerwind Plantation Apartments Entrance Intersection i This intersection should be restricted to Right - in Right - out access only Restripe the existing thru lane on WB Glen Road to shared Thru Right Lane ii Provide two - lane cross section one ingress , one egress on SB Summerwind Plantation Apartments Entrance Provide right - turn lane for egress Provide 100 ’ internal protected stem 21 Amenities for Summerwind Plantation shall be installed by the time the subdivision is at 50 build - out Apartments must be designed based on the renderings submitted by the applicant and included in the agenda packet and found on file in the Johnston County Planning Office The Chairman reopened the Special Use Hearing for Case 10 - 21 MOD Case 10 - 21 MOD Petition to modify the Special Use Permit on a 18 acre tract zoned Community Business Special Use District CB SUD located at 7910 Cleveland Road in Cleveland Township to allow for U - Haul Rental Tax ID 06F04004E Owner KAD Incorporated Applicant Brian Edwards Brian’s Auto Repair , LLC Those wishing to speak on Special Use Case 10 - 21 MOD 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 on a 18 acre tract zoned Community Business - Special Use District located at 7910 Cleveland Road in Cleveland Township to allow for U - Haul Rental Mr Gray entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 10 - 21 MOD on January 30 , 2015 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 Page0621 June 1 , 2015 – 6 00 pm Continued • 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 April 21 , 2015 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 10 - 21 MOD and made the following recommendations Upon a motion by Mr Letchworth to approve Rezoning Case 10 - 21 with adding 8 pieces of u - haul equipment , seconded by Ms Hackler and carried by a unanimous vote of 8 - 0 , Rezoning Case 10 - 21 was granted preliminary approval at the April 21st , 2015 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 U - Hauls will be added to our current business of auto repair Which functionally is just adding an extra service to our current customers and also adding new customers to our business allowing them to see our range of services Allowing locals of the area an extra added convenience Staff The applicant will be subject to special use conditions and state and federal laws which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant U - Haul is a long standing company that has provided services to the community and helping them with their needs of moving Staff The proposed 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 area proposed is not looking to have excessive U - Haul rentals only what the property can contain without overflowing the property The main interest of business is auto repair and does not wish to have unavailable property for current business Staff Regular hours of operation will be maintained This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The property listed is already zoned commercial Allowing this extra service on this property is allowing the development of the community through moving or transporting into and out of the area Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Automotive repair service tire sales , automotive detailing carwash , barber beauty shop , business office , place of worship , seasonal sales pumpkins , Christmas trees , etc , and U - Haul rentals and storage Special Use Conditions 1 Permitted Uses Automotive repair service tire sales , automotive detailing carwash , barber beauty shop , business office , place of worship , seasonal sales pumpkins , Christmas trees , etc , U - Haul rental and storage 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class B buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be 7 00am till 8 00pm Monday - Saturday ; with the exception of seasonal sales and places of worship services which will be allowed to operate on Sundays 7 Signage shall be in accordance with the signage 8 Disposal of all petroleum’s , oils , and lubricants shall meet all local , state , and federal requirements 9 The parking area to the right of the existing business shall be an all weather surface Vehicles may not be parked in the road right - of - way 10 Shall be limited to the outdoor storage of 8 vehicles awaiting pickup or repair Storage area shall be located outside of the building setback 11 U - Haul shall be limited to 8 pieces of equipment on site 12 No junk or salvage vehicles allowed Page1622 June 1 , 2015 – 6 00 pm Continued 13 Any outdoor storage shall be enclosed by an opaque fence 14 Shall comply with the use and intensity regulations as set forth in the Land Development Code for the Community Business District 15 Seasonal Sales shall not be allowed during School hours Mr Gray reviewed the proposed changes to the special use conditions with the Board regarding the U - Haul rental Mr Gray stated the original request was approved in 2010 for auto - repair Mr Gray stated there are two other buildings on the site that were also incorporated in the original rezoning so there are a variety of uses such as seasonal sales for the other buildings He stated for this particular part of the subject site that contains the auto - repair the applicant has added some U - Hauls on the property and the request did come in as a violation Mr Gray stated once the applicant was notified he voluntarily came in to correct the violation Mr Gray stated the surrounding zonings are Agricultural Residential and used for such purposes which includes churches and Polenta Elementary School ; Community Business – Special Use District for a coffee shop and book store located within C3 Church ; Community Business – Special Use District for small engine repair and tool rental ; General Business – Special Use District for mini storage ; and Agricultural Residential for a cell tower The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Applicant Brian Edwards , 101 Green Forest Trail , Garner , addressed the Board and offered to answer any questions At the inquiry of Chairman Tony Braswell , Mr Edwards confirmed that he agrees with the special use conditions Mr Edwards stated regarding the number of U - Haul equipment allowed on site , the conditions state he will be limited to eight ; however , he noted that it varies from time to time as to how many pieces of equipment he has on site Mr Edwards noted presently he only has four or five pieces of U - Haul equipment , but there was an occasion recently where for a brief period he had 9 pieces on site Commissioner Cookie Pope asked if the limit on U - Haul equipment needed to be increased Mr Edwards stated he does not believe the corner of the property is large enough to have more than about eight pieces of equipment , but there may be an occasion where someone may turn in a piece of equipment because any U - Haul site must take drop - offs Mr Edwards stated in such a situation , he would call the area field manager and ask them to move the equipment over eight but he did not want to be in violation Upon a question by Commissioner DeVan Barbour , Mr Edwards stated once the equipment is dropped off on site , he could have it removed within 48 hours Commissioner Barbour suggested adding something in the conditions that would allow the applicant a window of time to have equipment removed from the site if someone drops off something and the number then exceeds the limit The Board briefly discussed how long of a time limit the applicant should be allowed to come back into compliance when someone drops off equipment that then causes the applicant to exceed his limit 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 There being no further comments , the Chairman recessed the Special Use Hearing for Case 10 - 21 MOD Decision on Special Use Case 10 - 21 MOD Case 10 - 21 MOD Petition to modify the Special Use Permit on a 18 acre tract zoned Community Business Special Use District CB SUD located at 7910 Cleveland Road in Cleveland Township to allow for U - Haul Rental Tax ID 06F04004E Owner KAD Incorporated Applicant Brian Edwards Brian’s Auto Repair , LLC Page2623 June 1 , 2015 – 6 00 pm Continued Based on the findings of facts and revised special use conditions adding language to condition # 11 to state that any U - Haul equipment in excess of 8 shall be brought into compliance within 48 hours , Commissioner Ted G Godwin moved the Board approve the petition to modify the special use permit on a 18 acre tract zoned Community Business Special Use District located at 7910 Cleveland Road in Cleveland Township to allow for U - Haul Rental 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 U - Hauls will be added to our current business of auto repair Which functionally is just adding an extra service to our current customers and also adding new customers to our business allowing them to see our range of services Allowing locals of the area an extra added convenience Staff The applicant will be subject to special use conditions and state and federal laws which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant U - Haul is a long standing company that has provided services to the community and helping them with their needs of moving Staff The proposed 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 area proposed is not looking to have excessive U - Haul rentals only what the property can contain without overflowing the property The main interest of business is auto repair and does not wish to have unavailable property for current business Staff Regular hours of operation will be maintained This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The property listed is already zoned commercial Allowing this extra service on this property is allowing the development of the community through moving or transporting into and out of the area Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Automotive repair service tire sales , automotive detailing carwash , barber beauty shop , business office , place of worship , seasonal sales pumpkins , Christmas trees , etc , and U - Haul rentals and storage Special Use Conditions 1 Permitted Uses Automotive repair service tire sales , automotive detailing carwash , barber beauty shop , business office , place of worship , seasonal sales pumpkins , Christmas trees , etc , U - Haul rental and storage 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class B buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be 7 00am till 8 00pm Monday - Saturday ; with the exception of seasonal sales and places of worship services which will be allowed to operate on Sundays 7 Signage shall be in accordance with the signage 8 Disposal of all petroleum’s , oils , and lubricants shall meet all local , state , and federal requirements 9 The parking area to the right of the existing business shall be an all weather surface Vehicles may not be parked in the road right - of - way 10 Shall be limited to the outdoor storage of 8 vehicles awaiting pickup or repair Storage area shall be located outside of the building setback 11 U - Haul shall be limited to 8 pieces of equipment on site Any U - Haul equipment in excess of 8 shall be brought into compliance within 48 hours 12 No junk or salvage vehicles allowed 13 Any outdoor storage shall be enclosed by an opaque fence 14 Shall comply with the use and intensity regulations as set forth in the Land Development Code for the Community Business District 15 Seasonal Sales shall not be allowed during School hours The Chairman opened the Rezoning Hearing for Case 15 - 09 Case 15 - 09 Petition to rezone a 1 acre tract located at 108 Sara Lane in Wilders Township from Agricultural Residential AR to Neighborhood Business - Special Use District NB - SUD Tax ID 16K06011H Owner Applicant Karen Marietta Chappell Page3624 June 1 , 2015 – 6 00 pm Continued Planning Director Berry Gray stated the petition is to rezone a 1 acre tract located at 108 Sara Lane in Wilders Township from Agricultural Residential to Neighborhood Business - Special Use District Mr Gray stated Neighborhood Business is one of the least intense zoning districts Mr Gray noted the special use request associated with the rezoning is to allow for the operation of a child - care facility and residence Mr Gray stated the existing use is zoned Agricultural Residential for an existing child - care facility and residence He noted the County allows for the care of up to eight children within a home daycare before rezoning is necessary and the applicant has been in operation and in compliance for years Mr Gray stated the applicant now wishes to add four children which necessitates the rezoning Mr Gray stated staff is recommending the Board allow up to 14 children since that is the maximum allowed in the Neighborhood Business District The surrounding land uses are zoned Community Business - Special Use District and vacant as well as Agricultural Residential and used for such purposes The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which high levels of growth pressures currently exist or are anticipated in the near term Applicant Karen Chappell , 108 Sara Lane , Clayton , requested the Board’s approval and offered to answer any questions 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 Commissioner Ted G Godwin asked if there had been any opposition to the request Mr Gray stated no one spoke in opposition at the Planning Board meeting ; however , staff did receive a couple of calls from neighbors with concerns , but their concern was that they did not want a daycare in operation at all Mr Gray stated he believes that the neighbors did not realize the daycare has already been in operation for years There being no further comments , the Chairman recessed the Rezoning Hearing for Case 15 - 09 Decision on Rezoning Case 15 - 09 Case 15 - 09 Petition to rezone a 1 acre tract located at 108 Sara Lane in Wilders Township from Agricultural Residential AR to Neighborhood Business - Special Use District NB - SUD Tax ID 16K06011H Owner Applicant Karen Marietta Chappell Commissioner DeVan Barbour moved the Board adopt the following Statement of Consistency Resolution for Case 15 - 09 Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 15 - 09 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 16K06011H located at 108 Sara Lane as shown on the attached Exhibit A , from Agricultural Residential AR to Neighborhood Business Special Use District NB 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 Page4625 June 1 , 2015 – 6 00 pm Continued a The amendment is consistent in that it is located in the Primary Growth area and near a Community Center Activity Node 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The business is currently in operation , and through conditions in the special use permit the board can ensure that the request is compatible with the surrounding area and will not negatively affect the public st Adopted this the 1 day of June , 2015 Commissioner DeVan Barbour moved the Board approve Rezoning Case 15 - 09 to rezone a 1 acre tract located at 108 Sara Lane in Wilders Township from Agricultural Residential to Neighborhood Business - Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 15 - 09 Case 15 - 09 To allow for the operation of a child - care facility and residence Owner Applicant Karen Marietta Chappell Those wishing to speak on Special Use Case 15 - 09 were sworn in by the Clerk to the Board The applicant was affirmed by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to allow for the operation of a child - care facility and residence Mr Gray entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 15 - 09 on March 2 , 2015 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 April 21 , 2015 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 15 - 09 and made the following recommendations Upon a motion by Mr Summerlin to approve Rezoning Case 15 - 09 , seconded by Ms Hackler and carried by a unanimous vote of 8 - 0 , Rezoning Case 15 - 09 was granted preliminary approval at the April 21st , 2015 Planning Board Meeting Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that the site is located in the Primary Growth area and near a Community Center Activity Node The request is reasonable and in the public interest in that the business is currently in operation , and through conditions in the special use permit the board can ensure that the request is compatible with the surrounding area and will not negatively affect the public Upon a motion by Mr DeLaine to approve the Special Use Conditions for Case 15 - 09 , seconded by Mr Massengill and carried by a unanimous vote of 8 - 0 , the Special Use Conditions for Case 15 - 09 were approved at the April 21st , 2015 Planning Board Meeting Finding of Facts for the Special Use Permit