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

10 831 Meeting of the Johnston County Board of Commissioners November 2 , 2015 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , November 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 , Jeffrey P Carver , Ted G Godwin , and Chad M Stewart Absent Commissioner Allen L Mims , Jr 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 A Citizen Concerns – Atlantic Coast Pipeline Project Frank Deans , 1211 South First Street , Smithfield , addressed the Board regarding his concerns for the Atlantic Coast Pipeline Project noting he has property that will be impacted by the route Mr Deans expressed concerns regarding erosion issues , impacts to farming and timber production , and the lack of communication from Atlantic Coast Pipeline representatives Mr Deans also stated he has not heard how Johnston County will directly benefit from the pipeline Commissioner Chad M Stewart reported that a large group of people attended the morning meeting with the very same concerns and the Board has instructed the County Manager to work with the Atlantic Coast Pipeline representatives to set up a meeting where impacted Johnston County property owners will have an opportunity to get their questions and concerns answered County Manager Rick Hester confirmed he has made a phone call to his contact and is waiting to hear back from that person 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – October 21 and 28 , 2015 Certified letters were mailed to adjoining property owners on October 19 , 2015 A notice was posted at the location on September 3 , 2015 for Case 15 - 29 The Chairman opened the Rezoning Hearing for Case 15 - 29 Case 15 - 29 Petition to rezone 1468 acres out of two tracts totaling 18 acres located at the intersection of Cleveland Rd , McLemore Rd , and Cleveland Fire Rd in Cleveland Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 06F04016 and 06F04019X Owner Denton F Lee , Jr and Jane A Lee Applicant Glenda S Toppe & Associates , Glenda S Toppe Planning Director Berry Gray stated the petition is to rezone 1468 acres out of two tracts totaling 18 acres located at the intersection of Cleveland Road , McLemore Road , and Cleveland Fire Road in Cleveland 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 multiple permitted uses in the General Business District as well as the existing residential use Mr Gray stated the applicant proposes a new Food Lion shopping center for the site 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 and used for agricultural , residential , and recreational purposes ; Planned Unit Development for a Planned Development – Housing ; Neighborhood Business for a photography and design studio ; Community Business for a daycare , gas station , and shopping center ; General Business – Special Use District for a plant nursery and batting cages ; Industrial 1 – Special Use District for a contractors office ; and Community Business – Special Use District for a bait and tackle shop The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally , this site is within 1,000 ft of a “ Neighborhood Centers ” Activity Node Page832 November 2 , 2015 – 6 00 pm Continued Michael Brame , 5809 Bramble Wood Drive , Raleigh , representing Applicant Glenda S Toppe & Associates , addressed the Board and stated he along with his partner are the developers on the project Mr Brame stated the proposed use conforms to the Johnston County Comprehensive Land Use Plan which identifies this location as a “ Neighborhood Centers ” activity node Mr Brame continued that the area was chosen due to its location in relation to existing and proposed development in the area as well as a need was identified for commercial development at this location Mr Brame stated the Comprehensive Land Use Plan provides a road map for future development in the County and the proposed rezoning complies with that plan Mr Brame reported the proposed rezoning also meets another goal of providing well planned growth patterns that are physically , socially , and environmentally sound and the proposed rezoning will comply with the regulations of the Land Development Code Mr Brame offered to answer any questions and noted he has associates with him that can also answer specific questions Commissioner DeVan Barbour explained this case came before the Planning Board on two separate occasions and he believes the Planning Board did a good job in working with the applicant to address some of the concerns from citizens such as traffic issues , speed limit concerns , and buffering matters Commissioner Barbour noted the speed limit issue is already being addressed on McLemore Road and there will be signalization in the area as well Mr Brame thanked the Planning staff and the Department of Transportation for their assistance on the project in helping to address some of the issues that were of concern Mr Brame briefly reviewed the plans for traffic improvements with the Board 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 closed the Rezoning Hearing for Case 15 - 29 Decision on Rezoning Case 15 - 29 Case 15 - 29 Petition to rezone 1468 acres out of two tracts totaling 18 acres located at the intersection of Cleveland Rd , McLemore Rd , and Cleveland Fire Rd in Cleveland Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 06F04016 and 06F04019X Owner Denton F Lee , Jr and Jane A Lee Applicant Glenda S Toppe & Associates , Glenda S Toppe Commissioner Cookie Pope moved the Board adopt the following Statement of Consistency Resolution for Case 15 - 29 Commissioner Chad M Stewart seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 15 - 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 06F04016 and 06F04019X located at the intersection of Cleveland Road , McLemore Road , and Cleveland Fire Road 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 Page833 November 2 , 2015 – 6 00 pm Continued 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 with the Comprehensive Land Use Plan “ Goal 1 Grow in a Fiscally Efficient , Compact Manner ” The proposed site is located near three Planned Unit Developments and a commercial activity node and is bordered by other commercial zoning districts In addition , the site may draw commercial traffic away from the area around the intersection of NC 42 and I - 40 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The conditions will ensure that the request is compatible with the surrounding area and will not negatively affect the public In addition , there are similar existing zoning districts in the immediate area Adopted this the 2nd day of November , 2015 Commissioner Cookie Pope moved the Board approve Rezoning Case 15 - 29 to rezone 1468 acres out of two tracts totaling 18 acres located at the intersection of Cleveland Road , McLemore Road , and Cleveland Fire Road in Cleveland Township from Agricultural Residential to General Business - Special Use District Commissioner Chad M Stewart seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 15 - 29 Case 15 - 29 To allow for multiple permitted uses in the General Business District as well as the existing residential use Owner Denton F Lee , Jr and Jane A Lee Applicant Glenda S Toppe & Associates , Glenda S Toppe Those wishing to speak on Special Use Case 15 - 29 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 multiple permitted uses in the General Business District as well as the existing residential use 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 - 29 on June 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 • 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 September 15 , 2015 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 15 - 29 and made the following recommendations Upon a motion by Ms Hackler to approve Rezoning Case 15 - 29 , seconded by Mr Stewart and carried by a unanimous vote th , 2015 Planning Board Meeting of 6 - 0 , Rezoning Case 15 - 29 was approved at the August 18 Consistency Statement This request is consistent with the Comprehensive Land Use Plan “ Goal 1 Grow in a Fiscally Efficient , Compact Manner ” The proposed site is located near three Planned Unit Developments and a commercial activity node and is bordered by other commercial zoning districts In addition , the site may draw commercial traffic away from the area around the intersection of NC 42 and I - 40 The request is reasonable in that the conditions will ensure that the request is compatible with the surrounding area and will not negatively affect the public In addition , there are similar existing zoning districts in the immediate area Upon a motion by Mr DeLaine to approve the Special Use Conditions with the additions of Conditions # 13 and # 14 as listed above for Rezoning Case 15 - 29 , seconded by Mr Letchworth and carried by a unanimous vote of 9 - 0 , the Special Use Conditions for Rezoning Case 15 - 29 were approved at the September 15th , 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 ;Page834 November 2 , 2015 – 6 00 pm Continued Applicant The design of the project will comply with the development regulations for Johnston County thus ensuring the public health , safety , and general welfare of the public These regulations are in place to ensure the proposed development is appropriate for this location A Traffic Impact Analysis is required to ensure the public safety of the area Staff The applicant will be subject to the special use conditions , as well as state and federal laws which will ensure that the development maintains the public health , safety , and general welfare of the community 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The proposed development complies with all required use and intensity regulations of the Land Development Code and state and federal regulations All required building setbacks and height requirements will be met The development will follow local , state , and federal regulations for stormwater management and drainage The proposed development will comply with NCDOT requirements for roadway design The plan will meet parking requirements The development plan will also meet the subdivision design standards for nonresidential development 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 development is located in a part of Johnston County that is identified as a Neighborhood Center Activity Node The county identified the location of the proposed rezoning as a Node because of a need for nonresidential development in this area of Johnston County The proposed rezoning will comply with the regulations of the Land Development Code thus ensuring that the value of contiguous properties are maintained Staff The site is located near a Neighborhood Center Activity Node and near three Planned Unit Developments This , along with the special use conditions such as hours of operation and landscape buffering requirements , will maintain the value of contiguous properties 4 That the use or development conforms to 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 use conforms with the Johnston County Comprehensive Plan The Comprehensive Plan identifies this location as a Neighborhood Activity Node These nodes help ensure that the County’s goal of a compact development form is met The area was chosen due to its location and the existing and proposed development in the area A need was identified for commercial development at this location The Comprehensive Plan provides a roadmap for future development in the County The proposed rezoning complies with the Comprehensive Plan The proposed rezoning also meets another goal of providing well - planned growth patterns that are fiscally , socially , and environmentally sound 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 Multiple permitted uses in the General Business District , see list in Special Use Conditions , as well as the existing residential use Special Use Conditions 1 Permitted Uses a Automobile Car Wash b Automobile Part Sales c Automobile Repair - Mechanical d Automotive Repair - Paint Repair e Automobile Service Station f Bakery - Retail g Bank h Barber Beauty Shop to include Nail Salon i Building Materials Supplies - Retail Sales j Business - Convenience Store k Business - Office l Business - Retail m Business - Wholesale n Dance Studio Gymnastics o Dry Cleaning Establishment p Government Use Facility q Kennel r Mini - Storage s Parcel Post Shipping Receiving t Pharmacies u Physical Fitness Center v Public Private Utility Stations w Recreation Indoor x Recreation Outdoor y Restaurant drive - up window permitted z Retail CenterPagePage pageNumber5835 November 2 , 2015 – 6 00 pm Continued aa Shopping Center bb Spa - Day cc Spa — Medical dd Sporting Goods ee Tanning Salons ff Theater gg Thrift Store - Apparel Household hh Tire Sales - Non - Distributing ii Veterinary Clinic jj Warehouse Facility Wholesale Establishment limited to less than or equal to 30000 sf kk Warehousing limited to less than or equal to 30000 sf ll Existing Residential 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 The development will comply with all recommendations made by the NCDOT review of the Traffic Impact analysis a Cleveland Rd and McLemore Rd i 100 ’ right turn lane on EB Cleveland Rd ii Install traffic signal at intersection b Site Drive # 1 and McLemore Rd i Restripe NB McLemore Rd to shared thru right lane ii 100 ’ left turn lane on SB McLemore Rd iii Three - lane cross - section one ingress , two egress at Site Drive # 1 iv Egress Left - turn lane , right - turn lane at Site Drive # 1 v 100 ’ internal protected stem at Site Drive # 1 c Site Drive # 2 and Cleveland Rd i 100 ’ right - turn lane on EB Cleveland Rd ii Three - lane cross - section one ingress , two egress at Site Drive # 2 iii Egress Left - turn lane , right - turn lane at Site Drive # 2 iv 125 ’ internal protected stem at Site Drive # 2 d Site Drive # 3 and Cleveland Rd i 100 ’ right - turn lane on EB Cleveland Rd ii Site Drive # 3 and Cleveland Rd shall be right - in right - out only iii 100 ’ internal protected stem 6 Traffic Impact Analysis shall be updated as outparcel development occurs New site plan applications for the development must include an updated TIA to be reviewed by Johnston County Planning as well as the NCDOT a Developer must comply with all recommendations of updated TIA and NCDOT 7 Installation of at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 8 Outdoor storage must be enclosed by an 8 ’ opaque fence or vegetative screening 9 All signage must comply with the sign code as stated in Section 14 - 509 10 An opaque fence , at least 8 ’ tall , shall be installed behind the proposed grocery store along Cleveland Fire Road with landscaping located on the outside of the fence 11 No access allowed on Cleveland Fire Road 12 Site Plan Modification required through the Public Hearing process prior development of any of the outparcels 13 All lighting shall be dark sky and engineered so as not to shine on adjacent properties 14 A sight triangle easement shall be recorded at McLemore and Cleveland Fire Rd , as well as McLemore and Site Drive # 1 Items in bold added by the Planning Board Mr Gray pointed out the location of the out - parcels on the site plan for the Board and stated at this time an identified use is not proposed for the out - parcels ; therefore , one of the proposed special use conditions would require the applicant to come back to the Board for a special use modification once a use is identified Mr Gray reported once a specific use is identified for an out - parcel , the Traffic Impact Analysis would have to be updated to determine how that proposed use would impact traffic patterns Mr Gray noted the applicant met with representatives from the Department of Transportation as well as the Planning staff to discuss the traffic situation Mr Gray reviewed the proposed traffic improvements on the site plan with the Board as follows a Cleveland Rd and McLemore Rd i 100 ’ right turn lane on EB Cleveland Rd ii Install traffic signal at intersection b Site Drive # 1 and McLemore Rd i Restripe NB McLemore Rd to shared thru right lane ii 100 ’ left turn lane on SB McLemore Rd iii Three - lane cross - section one ingress , two egress at Site Drive # 1 iv Egress Left - turn lane , right - turn lane at Site Drive # 1 v 100 ’ internal protected stem at Site Drive # 1PagePage pageNumber6836 November 2 , 2015 – 6 00 pm Continued c Site Drive # 2 and Cleveland Rd i 100 ’ right - turn lane on EB Cleveland Rd ii Three - lane cross - section one ingress , two egress at Site Drive # 2 iii Egress Left - turn lane , right - turn lane at Site Drive # 2 iv 125 ’ internal protected stem at Site Drive # 2 d Site Drive # 3 and Cleveland Rd i 100 ’ right - turn lane on EB Cleveland Rd ii Site Drive # 3 and Cleveland Rd shall be right - in right - out only iii 100 ’ internal protected stem Mr Gray listed and reviewed the remaining proposed special use conditions with the Board Mr Gray stated staff is recommending an opaque fence at the back of the store to buffer from an adjacent existing residence At the inquiry of Commissioner Jeffrey P Carver , Mr Gray explained that even with the permitted uses listed in the conditions , once a specific use is identified from that list for the out - parcels , the request would have to come back to the Board of Commissioners for approval as the proposed conditions currently read Mr Gray stated the reasoning behind this requirement was based on the Traffic Impact Analysis only being completed for the Food Lion and not the out - parcels He reported the Department of Transportation will require the Traffic Impact Analysis to be updated when a specific use is identified for the out - parcels Mr Gray noted the Board could amend the special use conditions however it deems appropriate to address the out - parcels Upon a question by Commissioner Ted G Godwin , Mr Gray reported there was some opposition at both of the Planning Board meetings He stated the residents who were concerned all live on the western end closest to the out - parcels which is one of the reasons staff had concerns with approving a special use with no specific use identified for the out - parcels At the inquiry of Chairman Tony Braswell , Mr Gray reported the Board has approved rezonings in the past with no special use identified He stated in some situations the Board has required that the applicant come back to the Board with an identified special use within two years of the rezoning when the property has been in a residential area Mr Gray noted there are some straight rezonings in commercial areas Property Owner Denton Lee , Jr asked to address the Board and was sworn in by the Clerk to the Board Mr Lee stated regarding the special use permit , he is currently in negotiations for a pharmacy on lot # 5 of the out - parcels Mr Lee explained they were willing to reduce the list of uses identified in the special use conditions at the Planning Board meeting ; however , there was not an opportunity to do that Mr Lee offered to take the list and revise it to reduce the number of uses Mr Lee stated it was his decision to go ahead and include the out - parcels in with the rezoning for the Food Lion shopping center because he felt it made sense to rezone the entire property proposed for development at one time Mr Lee again offered to reduce the list of uses to avoid them having to come back each time Chairman Braswell asked the County Attorney if the Board could allow the applicant to revise his list of proposed uses County Attorney Jennifer Slusser advised the Board can accept a revised list of uses from Mr Lee since the Board has already rezoned the property and is now in the special use portion of the process Ms Slusser noted the Traffic Impact Analysis would still have to go through the review process once a specific use is identified for the out - parcels Commissioner Carver stated he would rather look at the out - parcels now than have the request keep coming back to the Board every time a use is identified for an out - parcel Commissioner Carver noted the Department of Transportation would still have to look at the Traffic Impact Analysis Commissioner Carver commented that he is always concerned about setting precedents ; however , he feels each situation must be looked at on a case by case basis The Chairman called for a ten minute recess to allow Mr Lee to consult with his associates and reduce the list of proposed uses The Chairman reconvened the meeting PagePage pageNumber7837 November 2 , 2015 – 6 00 pm Continued Mr Lee presented the following revised list of uses for the Board’s consideration Automobile Part Sales Bakery - Retail Bank Barber Beauty Shop to include Nail Salon Building Materials Supplies - Retail Sales Business - Office Business - Retail Business - Wholesale Dance Studio Gymnastics Dry Cleaning Establishment Government Use Facility Parcel Post Shipping Receiving Pharmacies Physical Fitness Center Public Private Utility Stations Recreation Indoor Restaurant drive - up window permitted Retail Center Shopping Center Spa - Day Spa - Medical Sporting Goods Tanning Salons Theater Thrift Store - Apparel Household Veterinary Clinic Existing Residential Note During discussions with the Board “ Kennel ” and Recreation Outdoor ” were also removed Mr Lee stated as he understands , if the Board were to approve this revised list as accepted uses for the out - parcels , then once one of these uses is identified for one of the out - parcels , it would not have to go back to the Board for approval , but a site plan would still need to be submitted to the Planning staff for approval Chairman Braswell stated with regards to the Board considering the revised request from Mr Lee on the out - parcels , the surrounding property owners were mailed a notice of this meeting At the inquiry of Chairman Braswell , Michael Brame , 5809 Bramble Wood Drive , Raleigh , representing Applicant Glenda S Toppe & Associates , stated he had no concerns with the special use conditions as have been discussed 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 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 Mr Gray stated in looking at the other conditions , none of them are so specific that they could not be applied to the out - parcels Mr Gray stated condition # 12 would need to be reworded to state “ site plan is required for outparcels and shall be approved by staff ” Mr Gray also asked the Board to add condition # 15 that any required updates to the Traffic Impact Analysis shall be reviewed and approved by staff Commissioner Carver asked about the hours of operation for the Food Lion Mr Gray reported there were no specified hours of operation for the Food Lion so it could operate 24 hours a day Commissioner Carver stated he was not comfortable with 24 hours a day on the out - parcels and suggested 7 00 am until 10 00 pm There being no further comments , the Chairman closed the Special Use Hearing for Case 15 - 29 PagePage pageNumber8838 November 2 , 2015 – 6 00 pm Continued Decision on Special Use Case 15 - 29 Case 15 - 29 To allow for multiple permitted uses in the General Business District as well as the existing residential use Owner Denton F Lee , Jr and Jane A Lee Applicant Glenda S Toppe & Associates , Glenda S Toppe Based on the findings of facts and revised special use conditions changing condition # 1 to accept the revised list of uses as submitted by the Property Owner during the hearing for the out - parcels , changing condition # 12 and adding conditions # 15 and # 16 as listed following , Commissioner DeVan Barbour moved the Board authorize the Planning Department to issue a special use permit for Case 15 - 29 to allow for multiple permitted uses in the General Business District as well as the existing residential use on 1468 acres out of two tracts totaling 18 acres located at the intersection of Cleveland Road , McLemore Road , and Cleveland Fire Road in Cleveland Township Commissioner Ted G Godwin 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 design of the project will comply with the development regulations for Johnston County thus ensuring the public health , safety , and general welfare of the public These regulations are in place to ensure the proposed development is appropriate for this location A Traffic Impact Analysis is required to ensure the public safety of the area Staff The applicant will be subject to the special use conditions , as well as state and federal laws which will ensure that the development maintains the public health , safety , and general welfare of the community 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The proposed development complies with all required use and intensity regulations of the Land Development Code and state and federal regulations All required building setbacks and height requirements will be met The development will follow local , state , and federal regulations for stormwater management and drainage The proposed development will comply with NCDOT requirements for roadway design The plan will meet parking requirements The development plan will also meet the subdivision design standards for nonresidential development 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 development is located in a part of Johnston County that is identified as a Neighborhood Center Activity Node The county identified the location of the proposed rezoning as a Node because of a need for nonresidential development in this area of Johnston County The proposed rezoning will comply with the regulations of the Land Development Code thus ensuring that the value of contiguous properties are maintained Staff The site is located near a Neighborhood Center Activity Node and near three Planned Unit Developments This , along with the special use conditions such as hours of operation and landscape buffering requirements , will maintain the value of contiguous properties 4 That the use or development conforms to 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 use conforms with the Johnston County Comprehensive Plan The Comprehensive Plan identifies this location as a Neighborhood Activity Node These nodes help ensure that the County’s goal of a compact development form is met The area was chosen due to its location and the existing and proposed development in the area A need was identified for commercial development at this location The Comprehensive Plan provides a roadmap for future development in the County The proposed rezoning complies with the Comprehensive Plan The proposed rezoning also meets another goal of providing well - planned growth patterns that are fiscally , socially , and environmentally sound 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 Multiple permitted uses in the General Business District , see list in Special Use Conditions , as well as the existing residential use Special Use Conditions 1 Permitted Uses a Automobile Part Sales b Bakery - Retail c Bank d Barber Beauty Shop to include Nail Salon e Building Materials Supplies - Retail Sales f Business - Office g Business - Retail h Business - Wholesale i Dance Studio GymnasticsPagePage pageNumber9839 November 2 , 2015 – 6 00 pm Continued j Dry Cleaning Establishment k Government Use Facility l Parcel Post Shipping Receiving m Pharmacies n Physical Fitness Center o Public Private Utility Stations p Recreation Indoor q Restaurant drive - up window permitted r Retail Center s Shopping Center t Spa - Day u Spa — Medical v Sporting Goods w Tanning Salons x Theater y Thrift Store - Apparel Household z Veterinary Clinic aa Existing Residential 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 The development will comply with all recommendations made by the NCDOT review of the Traffic Impact analysis a Cleveland Rd and McLemore Rd i 100 ’ right turn lane on EB Cleveland Rd ii Install traffic signal at intersection b Site Drive # 1 and McLemore Rd i Restripe NB McLemore Rd to shared thru right lane ii 100 ’ left turn lane on SB McLemore Rd iii Three - lane cross - section one ingress , two egress at Site Drive # 1 iv Egress Left - turn lane , right - turn lane at Site Drive # 1 v 100 ’ internal protected stem at Site Drive # 1 c Site Drive # 2 and Cleveland Rd i 100 ’ right - turn lane on EB Cleveland Rd ii Three - lane cross - section one ingress , two egress at Site Drive # 2 iii Egress Left - turn lane , right - turn lane at Site Drive # 2 iv 125 ’ internal protected stem at Site Drive # 2 d Site Drive # 3 and Cleveland Rd i 100 ’ right - turn lane on EB Cleveland Rd ii Site Drive # 3 and Cleveland Rd shall be right - in right - out only iii 100 ’ internal protected stem 6 Traffic Impact Analysis shall be updated as outparcel development occurs New site plan applications for the development must include an updated TIA to be reviewed by Johnston County Planning as well as the NCDOT a Developer must comply with all recommendations of updated TIA and NCDOT 7 Installation of at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 8 Outdoor storage must be enclosed by an 8 ’ opaque fence or vegetative screening 9 All signage must comply with the sign code as stated in Section 14 - 509 10 An opaque fence , at least 8 ’ tall , shall be installed behind the proposed grocery store along Cleveland Fire Road with landscaping located on the outside of the fence 11 No access allowed on Cleveland Fire Road 12 Site Plan is required for outparcels and shall be approved by staff 13 All lighting shall be dark sky and engineered so as not to shine on adjacent properties 14 A sight triangle easement shall be recorded at McLemore and Cleveland Fire Rd , as well as McLemore and Site Drive # 1 15 Any required updates to the Traffic Impact Analysis shall be reviewed and approved by staff 16 Hours of operation for out - parcels only shall be 7 00 am to 10 00 pm 3 Manager Reports and Comments County Manager Rick Hester reported during the meeting he received a message from his Atlantic Coast Pipeline contact about setting up a meeting and it may be that something could be arranged in January 4 Board Reports and Comments Commissioner Ted G Godwin noted that he along with Commissioners Cookie Pope and Allen L Mims , Jr were going to be working on an Aging Plan for Johnston County ; however , after giving the process some thought , he has enlisted the help of Community & Senior Services Director Neal Davis CommissionerPage0840 November 2 , 2015 – 6 00 pm Continued Godwin reported that Mr Davis will establish a working committee to look at an Aging Plan and he along with Commissioners Pope and Mims would be giving direction and oversight to that working committee during the process Commissioner Godwin also reported that he plans to attend an upcoming Board of Equalization & Review meeting to get a feel for how the citizens view property values Commissioner Godwin stated he also would like to make sure the Board of Equalization & Review understands that the Commissioners want everything to be done in a fair manner for both the County and the taxpayers There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Chad M Stewart seconded the motion , which carried by unanimous vote The meeting adjourned at 7 10 pm Tony Braswell , Chairman Paula G Woodard , Clerk to the BoardPage