March 7, 2016 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 95 Meeting of the Johnston County Board of Commissioners March 7 , 2016 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , March 7 , 2016 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 A Citizens ’ Concern – Growth Issues Around Flowers Plantation Area Janis Gallagher , 127 Wilders Woods Grove Lane , Clayton , addressed the Board read the following statement Ms Gallagher also provided the Board with information to support her concerns Page96 March 7 , 2016 – 6 00 pm Continued The Board thanked Ms Gallagher for her remarks and took the information under advisement Page97 March 7 , 2016 – 6 00 pm Continued 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – February 24 and March 2 , 2016 Certified letters were mailed to adjoining property owners on February 22 , 2016 Notices were posted at the locations on January 4 , 2016 for Cases 14 - 31 MOD ; 15 - 13 MOD ; 16 - 02 ; and 16 - 03 The Chairman opened the Special Use Hearing for Case 14 - 31 MOD Case 14 - 31 MOD Petition to modify the site plan for Special Use Case 14 - 31 The site is located at 4787 US 70A in Boon Hill Township The special use permit allows for a Solar Utility Facility Tax ID 04P09006E Owner Judy C Peedin Applicant Candace Solar , LLC FLS Energy , Inc Those wishing to speak on Special Use Case 14 - 31 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 site plan for Special Use Case 14 - 31 The site is located at 4787 US 70A in Boon Hill Township The special use permit allows for a Solar Utility Facility 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 14 - 31 MOD on November 3 , 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 January 19 , 2016 the Johnston County Planning Board held a public hearing regarding Special Use Permit Case 14 - 31 MOD and made the following recommendations Upon a motion by Ms Hackler to approve the Special Use Modification Case 14 - 31 , seconded by Mr DeLaine , and carried th , 2016 Planning Board Meeting by a unanimous vote of 6 - 0 , Case 14 - 31 was approved at the January 19 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 Candace Solar Project will not materially endanger the public health , safety , or general welfare if located where proposed and developed according to the plan as submitted and approved Public Health & Safety - The Candace Solar facility will not adversely affect public health and safety The solar facility is an unmanned , infrequently visited project site As such , the project will not increase the existing demand on public safety agencies police and fire departments The project site will be enclosed with a fence , preventing access to the general public 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 Candace Solar project will comply with all required regulations of the Unified Development Ordinance { UDO } and any specific conditions and specifications required for this project The UDO was reviewed during the design phase of this project , as a good faith effort at compliance , prior to the submittal of the Conditional Use Permit application 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 Because the Candace Solar project will have landscaping and natural buffers shielding the project from view , the project will not adversely affect the use , physical attribute , or impact the value of adjoining or abutting property In 2013 , David Massey was commissioned to perform an analysis on solar farm impacts on adjacent property values within Guilford County , North Carolina Mr Massey is a State Certified General Real Estate Appraiser by the State of North Carolina and a Licensed Real Estate Broker Mr Masseys practice consists of residential and commercial appraisals in Guilford , Alamance , Orange , Durham , Randolph , Chatham and Caswell CountiesPage98 March 7 , 2016 – 6 00 pm Continued of North Carolina Mr Masseys study was performed to address the impact on adjacent property values related to two similar sized solar projects that Sunlight Partners was permitting in Guilford County In the study Attachment B Mr Massey concludes that , My professional and expert opinion is that the two proposed Solar Farms that will not be visible will have no impact on the market values of the surrounding properties The Solar Farms with the proposed landscaping buffers and natural buffers will not create a negative externality for the surrounding properties as they will not be visible 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The proposed location for the Candace Solar project is designated as 1 - 2 Residential - Agricultural District The Candace Solar project will be in harmony with the area and will be in compliance with the plan for the physical development of the Town due to the fact that project will not increase the population density within the Residential Agricultural area , will not require urban services , will not decrease the level of service on existing roads , and views of the Candace Solar project will be shielded by natural and landscape buffers Specific Land Uses APPLICANT To allow for a solar utility facility Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install a landscape buffer consisting of 8 evergreen trees and 8 evergreen shrubs per 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense 6 Maximum height of equipment shall be 10 ’ 7 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 8 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barb wire 9 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 10 Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being maintained or used in an operable state of good repair Mr Gray stated the modification would allow for a new access into the site Mr Gray reported the site was previously approved in February 2015 for a solar utility facility with access onto US 70A ; however , the applicant was unable to acquire a crossing over the railroad track and is now proposing a new access onto Wellons - Boyette Road Mr Gray stated the rezoning area and general layout of the facility has not changed Upon a question by Commissioner Allen L Mims , Jr , Mr Gray reported the applicant has obtained an easement for the Wellons - Boyette Road access Caleb Cates , representing the applicant , Candace Solar , LLC FLS Energy , Inc , confirmed that the modification is just a change with the access and they have obtained the proper easement Mr Cates requested the Board to approve the modification 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 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 14 - 31 MOD Decision on Special Use Case 14 - 31 MOD Case 14 - 31 MOD Petition to modify the site plan for Special Use Case 14 - 31 The site is located at 4787 US 70A in Boon Hill Township The special use permit allows for a Solar Utility Facility Tax ID 04P09006E Owner Judy C Peedin Applicant Candace Solar , LLC FLS Energy , Inc Based on the findings of facts and special use conditions as listed below , Commissioner Jeffrey P Carver moved the Board approve the petition to modify the site plan for Special Use Case 14 - 31 located at 4787 US 70A in Boon Hill Township which allows for a solar utility facility Commissioner DeVan Barbour seconded the motion which carried by unanimous vote PagePage pageNumber599 March 7 , 2016 – 6 00 pm Continued 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 Candace Solar Project will not materially endanger the public health , safety , or general welfare if located where proposed and developed according to the plan as submitted and approved Public Health & Safety - The Candace Solar facility will not adversely affect public health and safety The solar facility is an unmanned , infrequently visited project site As such , the project will not increase the existing demand on public safety agencies police and fire departments The project site will be enclosed with a fence , preventing access to the general public 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 Candace Solar project will comply with all required regulations of the Unified Development Ordinance { UDO } and any specific conditions and specifications required for this project The UDO was reviewed during the design phase of this project , as a good faith effort at compliance , prior to the submittal of the Conditional Use Permit application 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 Because the Candace Solar project will have landscaping and natural buffers shielding the project from view , the project will not adversely affect the use , physical attribute , or impact the value of adjoining or abutting property In 2013 , David Massey was commissioned to perform an analysis on solar farm impacts on adjacent property values within Guilford County , North Carolina Mr Massey is a State Certified General Real Estate Appraiser by the State of North Carolina and a Licensed Real Estate Broker Mr Masseys practice consists of residential and commercial appraisals in Guilford , Alamance , Orange , Durham , Randolph , Chatham and Caswell Counties of North Carolina Mr Masseys study was performed to address the impact on adjacent property values related to two similar sized solar projects that Sunlight Partners was permitting in Guilford County In the study Attachment B Mr Massey concludes that , My professional and expert opinion is that the two proposed Solar Farms that will not be visible will have no impact on the market values of the surrounding properties The Solar Farms with the proposed landscaping buffers and natural buffers will not create a negative externality for the surrounding properties as they will not be visible 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The proposed location for the Candace Solar project is designated as 1 - 2 Residential - Agricultural District The Candace Solar project will be in harmony with the area and will be in compliance with the plan for the physical development of the Town due to the fact that project will not increase the population density within the Residential Agricultural area , will not require urban services , will not decrease the level of service on existing roads , and views of the Candace Solar project will be shielded by natural and landscape buffers Specific Land Uses APPLICANT To allow for a solar utility facility Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install a landscape buffer consisting of 8 evergreen trees and 8 evergreen shrubs per 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense 6 Maximum height of equipment shall be 10 ’ 7 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 8 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barb wire 9 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 10 Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being maintained or used in an operable state of good repair The Chairman opened the Rezoning Hearing for Case 15 - 13 MOD Case 15 - 13 MOD Petition to modify the zoning boundary and site plan on 25 acres out of a 69 - acre tract located at 872 Bakers Chapel Rd 150 Reilly Farm Ln in Boon Hill Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 04010022B Owner Billy Worley Applicant Signature Solar , LLC Sunlight Partners , LLC Planning Director Berry Gray stated the petition is to modify the zoning boundary and site plan for 25 acres out of a 69 acre tract located at 872 Bakers Chapel Rd 150 Reilly Farm Ln in Boon Hill Township from Agricultural Residential to Industrial 2 – Special Use District The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes ; and General Business as part of the US 70PagePage pageNumber6100 March 7 , 2016 – 6 00 pm Continued commercial zone The area is located within a designated “ Agricultural Rural Conservations Area ” on the County’s Comprehensive Land Use Plan which denotes areas of low levels of growth pressures , anticipated over the next 20 years These areas should be considered for rural conservation and agricultural preservation programs Mr Gray explained the site was previously approved in July 2015 for a solar utility facility and the applicant has had to adjust the site to the west due to more wetlands than were originally anticipated , which requires the rezoning and site plan modification Mike Fox , Attorney with Tuggle Duggins PA , 100 N Greene Street , Greensboro , representing Applicant Signature Solar LLC Sunlight Partners addressed the Board Mr Fox submitted for the record a booklet of information dated March 7 , 2016 titled “ Rezoning Petition to Modify Zoning Boundary and Site Plan for Sunlight Partners LLC Solar Array Facility ” Mr Fox asked for the Board to approve the modification to accommodate more wetland areas that were not originally anticipated Mr Fox reviewed information in the booklet relative to the proposed modification and introduced Engineer Michael Wallace for additional explanation Engineer Michael Wallace , 27 Pearl Street , Portland , Maine , stated initially they believed the proposed layout was favorable on the site ; however , after an extensive walk - through of the property there were areas of concern as it relates to wetlands Mr Wallace stated after meeting with the Corps of Engineers on the property , they modified the design to accommodate the additional delineated wetlands Mr Wallace stated the access to the site as well as the size is the same and they are just shifting the rezoning lines to accommodate the wetlands 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 Upon a question by Commissioner Allen L Mims , Jr , Mr Gray stated there is no change to the total acreage as it is still 25 acres ; however , the zoning boundaries are shifting to accommodate the wetlands Mr Gray stated staff was provided with the updated metes and bounds so the modification can be entered into the Geographic Information System , if approved There being no further comments , the Chairman recessed the Rezoning Hearing for Case 15 - 13 MOD Decision on Rezoning Case 15 - 13 MOD Case 15 - 13 MOD Petition to modify the zoning boundary and site plan on 25 acres out of a 69 - acre tract located at 872 Bakers Chapel Rd 150 Reilly Farm Ln in Boon Hill Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 04010022B Owner Billy Worley Applicant Signature Solar , LLC Sunlight Partners , LLC Commissioner DeVan Barbour moved the Board adopt the following Statement of Consistency Resolution for Case 15 - 13 MOD Commissioner Ted G Godwin seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 15 - 13 MOD 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 04010022B located at the 872 Bakers Chapel Road 150 Reilly Farm Lane as shown on the attached Exhibit A , from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to adopt a statementPagePage pageNumber7101 March 7 , 2016 – 6 00 pm Continued describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a Objective 2C promotes the reduction of incompatible uses through the use of vegetative screening which is required for this request and there are limited impacts of the solar farm with regards to traffic , noise , smell , runoff , or emissions 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The conditions , including evergreen buffering and height restrictions , will ensure that the request is compatible with the surrounding area and will not negatively impact the public th Adopted this the 7 day of March , 2016 Commissioner DeVan Barbour moved the Board approve Rezoning Case 15 - 13 MOD to modify the zoning boundary and site plan on 25 acres out of a 69 - acre tract located at 872 Bakers Chapel Rd 150 Reilly Farm Ln in Boon Hill Township from Agricultural Residential to Industrial 2 – Special Use District Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote Note For further reference regarding Rezoning Case 15 - 13 MOD , please see additional action following the special use hearing below The Chairman reopened the Special Use Hearing for Case 15 - 13 MOD Case 15 - 13 MOD To allow for a Solar Utility Facility Owner Billy Worley Applicant Signature Solar , LLC Sunlight Partners , LLC Those wishing to speak on Special Use Case 15 - 13 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 allow for a solar utility facility 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 - 13 MOD on November 3 , 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 January 19 , 2016 the Johnston County Planning Board held a public hearing regarding Special Use Permit Case 15 - 13 MOD and made the following recommendations Upon a motion by Mr Creech to approve the Rezoning Petition , Rezoning Case 15 - 13 , seconded by Mr DeLaine , and th , 2016 Planning Board Meeting carried by a unanimous vote of 6 - 0 , Rezoning Case 15 - 13 was approved at the January 19 Upon a motion by Mr Smith to approve the Special Use Conditions for Case 15 - 13 , seconded by Ms Hackler , and carried th by a unanimous vote of 6 - 0 , the Special Use Conditions for Case 15 - 13 was approved at the January 19 , 2016 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 Signature Solar Project will not materially endanger the public health , safety , or general welfare if located where proposed and developed according to the plan as submitted and approved PagePage pageNumber8102 March 7 , 2016 – 6 00 pm Continued Public Health & Safety - The Signature Solar facility will not adversely affect public health and safety The solar facility is an unmanned , infrequently visited project site As such , the project will not increase the existing demand on public safety agencies police and fire departments The project site will be enclosed with a fence , preventing access to the general public 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 Signature Solar project will comply with all required regulations of the Unified Development Ordinance { UDO } and any specific conditions and specifications required for this project The UDO was reviewed during the design phase of this project , as a good faith effort at compliance , prior to the submittal of the Conditional Use Permit application 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 Because the Signature Solar project will have landscaping and natural buffers shielding the project from view , the project will not adversely affect the use , physical attribute , or impact the value of adjoining or abutting property Also , a 150 foot setback was achieved around the entire property perimeter Rich Kirkland was commissioned to perform an analysis on solar farm impacts on adjacent property values within Johnston County and all over the State of North Carolina Mr Kirkland is a State Certified General Real Estate Appraiser by the State of North Carolina and a MAI Mr Kirklands practice consists of residential and commercial appraisals in Durham , Raeford , Vance , Warren , Guilford , Alamance , Nash , Granville , Orange , Randolph , Chatham , and Caswell Counties of North Carolina Mr Kirklands study was performed to address the impact on adjacent property values related to two similar sized solar projects that Sunlight Partners was permitting as well as this one in Johnston County A complete report will be issued at County Commissioners meeting , including testimony by Mr Kirkland which concludes ; My professional and expert opinion is that this proposed Solar Farm will not be visible and will have no impact on the market values of the surrounding properties Signature Solar with the proposed landscaping buffers and natural buffers will not create a negative externality for the surrounding property owners as they will not be visible 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The proposed location for the Signature Solar project is designated as a Residential - Agricultural District The Signature Solar project will be in harmony with the area and will be in compliance with the plan for the physical development of the county due to the fact that project will not increase the population density within the Residential Agricultural area , will not require urban services , will not decrease the level of service on existing roads , and views of the Signature Solar project will be shielded by natural and landscape buffers Specific Land Uses APPLICANT To allow for a solar utility facility Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install a landscape buffer consisting of 10 evergreen trees and 10 evergreen shrubs per 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense 6 Evergreen trees shall be at least 4 ’ high at planting Adjacent to all residential dwellings , trees shall be planted at a minimum of 6 ’ tall at grade or a minimum of 4 ’ tall on top of a minimum 2 ’ tall berm 7 Maximum height of equipment shall be 12 ’ 8 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 9 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barbed wire 10 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 11 Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being maintained or used in an operable state of good repair Mr Gray listed and reviewed the special use conditions with the Board Mike Fox , Attorney with Tuggle Duggins PA , 100 N Greene Street , Greensboro , representing Applicant Signature Solar LLC Sunlight Partners addressed the Board Mr Fox submitted for the record a booklet of information dated March 7 , 2016 titled “ Rezoning Petition to Modify Zoning Boundary and Site Plan for Sunlight Partners LLC Solar Array Facility ” Mr Fox stated the applicant agrees to the special use conditions as proposed There being no further public comments , the Chairman closed the public comment portion of the hearing PagePage pageNumber9103 March 7 , 2016 – 6 00 pm Continued Mr Gray reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions Commissioner Allen L Mims , Jr asked if the original zoning acreage associated with Case 15 - 13 that was approved in July 2015 but not included in the 25 acres that was rezoned during this meeting should be rezoned back to Agricultural Residential for clarification Following brief discussion with staff , County Attorney Jennifer Slusser advised that for clarification purposes , the Board could adopt a statement of consistency and rezone the originally zoned acreage that is no longer included in the 25 acres for Case 15 - 13 MOD back to Agricultural Residential Mr Fox stated on behalf of the applicant they would make that request of the Board There being no further comments , the Chairman recessed the Special Use Hearing for Case 15 - 13 MOD Decision on Special Use Case 15 - 13 MOD Case 15 - 13 MOD To allow for a Solar Utility Facility Owner Billy Worley Applicant Signature Solar , LLC Sunlight Partners , LLC Based on the findings of facts and special use conditions as listed below , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit for Case 15 - 13 MOD to allow for a solar utility facility on 25 acres out of a 69 - acre tract located at 872 Bakers Chapel Rd 150 Reilly Farm Ln in Boon Hill 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 Signature Solar Project will not materially endanger the public health , safety , or general welfare if located where proposed and developed according to the plan as submitted and approved Public Health & Safety - The Signature Solar facility will not adversely affect public health and safety The solar facility is an unmanned , infrequently visited project site As such , the project will not increase the existing demand on public safety agencies police and fire departments The project site will be enclosed with a fence , preventing access to the general public 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 Signature Solar project will comply with all required regulations of the Unified Development Ordinance { UDO } and any specific conditions and specifications required for this project The UDO was reviewed during the design phase of this project , as a good faith effort at compliance , prior to the submittal of the Conditional Use Permit application 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 Because the Signature Solar project will have landscaping and natural buffers shielding the project from view , the project will not adversely affect the use , physical attribute , or impact the value of adjoining or abutting property Also , a 150 foot setback was achieved around the entire property perimeter Rich Kirkland was commissioned to perform an analysis on solar farm impacts on adjacent property values within Johnston County and all over the State of North Carolina Mr Kirkland is a State Certified General Real Estate Appraiser by the State of North Carolina and a MAI Mr Kirklands practice consists of residential and commercial appraisals in Durham , Raeford , Vance , Warren , Guilford , Alamance , Nash , Granville , Orange , Randolph , Chatham , and Caswell Counties of North Carolina Mr Kirklands study was performed to address the impact on adjacent property values related to two similar sized solar projects that Sunlight Partners was permitting as well as this one in Johnston County A complete report will be issued at County Commissioners meeting , including testimony by Mr Kirkland which concludes ; My professional and expert opinion is that this proposed Solar Farm will not be visible and will have no impact on the market values of the surrounding properties Signature Solar with the proposed landscaping buffers and natural buffers will not create a negative externality for the surrounding property owners as they will not be visible 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The proposed location for the Signature Solar project is designated as a Residential - Agricultural District The Signature Solar project will be in harmony with the area and will be in compliance with the plan for the physicalPage0104 March 7 , 2016 – 6 00 pm Continued development of the county due to the fact that project will not increase the population density within the Residential Agricultural area , will not require urban services , will not decrease the level of service on existing roads , and views of the Signature Solar project will be shielded by natural and landscape buffers Specific Land Uses APPLICANT To allow for a solar utility facility Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install a landscape buffer consisting of 10 evergreen trees and 10 evergreen shrubs per 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense 6 Evergreen trees shall be at least 4 ’ high at planting Adjacent to all residential dwellings , trees shall be planted at a minimum of 6 ’ tall at grade or a minimum of 4 ’ tall on top of a minimum 2 ’ tall berm 7 Maximum height of equipment shall be 12 ’ 8 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 9 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barbed wire 10 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 11 Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being maintained or used in an operable state of good repair Additional Action for Case 15 - 13 MOD Commissioner Allen L Mims , Jr moved the Board adopt the following Statement of Consistency Resolution for Case 15 - 13 MOD that the area originally zoned Industrial 2 – Special Use District and not included in the earlier rezoning request be rezoned back to Agricultural Residential Commissioner DeVan Barbour seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 15 - 13 MOD 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 04010022B located at the 872 Bakers Chapel Road 150 Reilly Farm Lane as shown on the attached Exhibit A , from Industrial 2 – Special Use District I2 - SUD to Agricultural Residential AR WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a Objective 2C promotes the reduction of incompatible uses through the use of vegetative screening which is required for this request and there are limited impacts of the solar farm with regards to traffic , noise , smell , runoff , or emissions 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The conditions , including evergreen buffering and height restrictions , will ensure that the request is compatible with the surrounding area and will not negatively impact the public th Adopted this the 7 day of March , 2016 Commissioner Allen L Mims , Jr moved the Board rezone the area originally zoned Industrial 2 – Special Use District and not included in the Rezoning Petition for Case 15 - 13 MOD back to Agricultural Residential Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote Page1105 March 7 , 2016 – 6 00 pm Continued The Chairman reopened the Rezoning Hearing for Case 16 - 02 Case 16 - 02 Petition to rezone a 096 acre tract located at 373 Old Drug Store Road in Cleveland Township from Agricultural Residential AR to Agricultural Residential AR with the Interstate Highway Interchange IHI overlay district Tax ID 06E02009B Owner Tupelo Honey Land Development , LLC Applicant Jim Chandler Planning Director Berry Gray stated the petition is to rezone a 096 acre tract located at 373 Old Drug Store Road in Cleveland Township from Agricultural Residential to Agricultural Residential with the Interstate Highway Interchange overlay district The surrounding land uses are zoned Agricultural Residential and used for residential and religious purposes ; Agricultural Residential with Interstate Highway Interchange overlay and used for residential purposes and vacant ; Community Business and used for residential purposes ; General Business with multiple commercial uses ; Industrial 1 and used for heavy - duty engine and transmission repair ; and Industrial 1 with Interstate Highway Interchange overlay and used for mini - storage 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 Mr Gray reported all the immediate surrounding properties are zoned Agricultural Residential with the Interstate Highway Interchange overlay district Keith Roberts , 202 Bonica Creek Drive , Garner , representing the applicant , addressed the Board 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 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 16 - 02 Decision on Rezoning Case 16 - 02 Case 16 - 02 Petition to rezone a 096 acre tract located at 373 Old Drug Store Road in Cleveland Township from Agricultural Residential AR to Agricultural Residential AR with the Interstate Highway Interchange IHI overlay district Tax ID 06E02009B Owner Tupelo Honey Land Development , LLC Applicant Jim Chandler Commissioner Cookie Pope moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 02 Commissioner Ted G Godwin seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 02 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 06E02009B located at 373 Old Drug Store Road as shown on the attached Exhibit A , from Agricultural Residential AR to Agricultural Residential AR with the Interstate Highway Interchange IHI Overlay District 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 Page2106 March 7 , 2016 – 6 00 pm Continued a It aligns with “ Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The IHI overlay is compatible with surrounding land uses and zoning , which include multiple businesses and commercial zoning designations th Adopted this the 7 day of March , 2016 Commissioner Cookie Pope moved the Board approve Rezoning Case 16 - 02 to rezone a 096 acre tract located at 373 Old Drug Store Road in Cleveland Township from Agricultural Residential to Agricultural Residential with the Interstate Highway Interchange overlay district Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 16 - 03 Case 16 - 03 Petition to rezone 19 acres located at the intersection of NC Highway 96 South and NC Highway 50 South in Meadow Township from Agricultural Residential AR and General Business GB to General Business - Special Use District GB - SUD Tax ID 09H14070A , 09I99006H , and 09H14070D Owner Juliana Bunn King Testamentary Trust , Janice Dorman , and Tony Dorman Applicant Glandon Forest Equity , LLC Planning Director Berry Gray stated the petition is to rezone 19 acres located at the intersection of NC Highway 96 South and NC Highway 50 South in Meadow Township from Agricultural Residential and General Business to General Business - Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for commercial retail and the current plan is for a Dollar General The surrounding land uses are zoned Agricultural Residential and used for agricultural , residential , and educational purposes as well as General Business and used for a convenience store gas station and restaurant The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years In addition , this site is located within a “ Neighborhood Center ” activity node , which would promote the sale of convenience goods and personal services for the day - to - day living needs of nearby neighborhoods George Venters , 3825 Barrett Drive , Raleigh , representing Applicant Glandon Forest Equity , requested the Board to approve the rezoning request Mr Venters stated the request is consistent with the Johnston County Land Use Plan in that the site is located within a “ Secondary Growth Area ” and further in a “ Neighborhood Center ” activity node He stated they believe the use is in the public’s interest and will be a benefit to the community by providing a closer option to needed goods and merchandise as the nearest options are currently seven to eight miles away Mr Venters stated they plan to install a privacy fence and have met with the Department of Transportation regarding traffic improvements 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 16 - 03 Decision on Rezoning Case 16 - 03 Case 16 - 03 Petition to rezone 19 acres located at the intersection of NC Highway 96 South and NC Highway 50 South in Meadow Township from Agricultural Residential AR and General Business GB to General Business - Special Use District GB - SUD Tax ID 09H14070A , 09I99006H , and 09H14070D Owner Juliana Bunn King Testamentary Trust , Janice Dorman , and Tony Dorman Applicant Glandon Forest Equity , LLC Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 03 Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 03 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTYPage3107 March 7 , 2016 – 6 00 pm Continued 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 09H14070A , 09I99006H , and 09H14070D located at the intersection of NC Highway 96 South and NC Highway 50 South as shown on the attached Exhibit A , from Agricultural Residential AR and General Business GB to General Business Special Use District GB SUD WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a It aligns with “ Goal 1 Grown in a fiscally efficient , compact manner ” in that the site is located within a “ Neighborhood Center ” activity node and is adjacent to other commercial uses and with “ Goal 3 Diversify and expand the economy ” in that it is a new business development within the county 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The proposed use would benefit the community and the special use conditions will ensure that the request is compatible with the surrounding area and will not negatively affect the public th Adopted this the 7 day of March , 2016 Commissioner Ted G Godwin moved the Board approve Rezoning Case 16 - 03 to rezone 19 acres located at the intersection of NC Highway 96 South and NC Highway 50 South in Meadow Township from Agricultural Residential and General Business to General Business - Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 16 - 03 Case 16 - 03 To allow for commercial retail Owner Juliana Bunn King Testamentary Trust , Janice Dorman , and Tony Dorman Applicant Glandon Forest Equity , LLC Those wishing to speak on Special Use Case 16 - 03 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 commercial retail 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 16 - 03 on November 19 , 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 January 19 , 2016 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 16 - 03 and made the following recommendations Upon a motion by Mr Creech to approve the Rezoning Petition , Rezoning Case 16 - 03 , seconded by Mr Smith , and carried th , 2016 Planning Board Meeting by a unanimous vote of 6 - 0 , Rezoning Case 16 - 03 was approved at the January 19Page4108 March 7 , 2016 – 6 00 pm Continued Consistency Statement for Board Consideration The request is consistent with the Comprehensive Land Use Plan “ Goal 1 Grown in a fiscally efficient , compact manner ” in that the site is located within a “ Neighborhood Center ” activity node and is adjacent to other commercial uses It is also consistent with “ Goal 3 Diversify and expand the economy ” in that it is a new business development within the county The request is reasonable in that the proposed use would benefit the community and the special use conditions will ensure that the request is compatible with the surrounding area and will not negatively affect the public Upon a motion by Mr Creech to approve the Special Use Conditions for Rezoning Case 16 - 03 with the addition of removing Condition # 10 , seconded by Mr DeLaine , and carried by a unanimous vote of 6 - 0 , the Special Use Conditions for th Rezoning Case 16 - 03 was approved at the January 19 , 2016 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 proposed use of the development will be retail sales and as such will be operated to provide for the safety of the public that will be shopping at the store and for the employees that will be working at the store The public areas of the site have been designed to provide safe pedestrian and vehicular movements 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 site will be designed to meet applicable County , State , and Federal codes and regulations The layout of the development has been designed to meet the requirements of the Johnston County Development Code and the access requirements of the North Carolina Department of Transportation Storm water runoff from the development will be managed in accordance with Johnston County and North Carolina Department of Environment and Natural Resources requirements The sanitary sewer septic system to serve the retail facility will be designed in accordance with Johnston County Health Department requirements 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 rezoning of the property to General Business - Special Use will be of benefit to the surrounding neighborhoods by providing commercial services that will be conveniently located in a centralized location The location of the project on NC Highway 50 South , which is the primary thoroughfare for the area , will provide for ease of vehicular access to and from the property for the general public The proposed retail facility will provide every day grocery and general use merchandise for a portion of the county that is underserved with shopping options This will reduce trips and the impact on the local road network , as users will not need to drive as far for these items The site will be designed to provide an attractive facility that will complement the local residential and commercial uses Landscaping will be included in the construction of the facility to enhance the appeal of the property and buffers will be provided to provide a visual barrier between the proposed retail store and adjacent uses 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 site will be designed to meet applicable Johnston County Land Development codes and ordinances The project is located in the vicinity of the NC Highway 96 South and NC Highway 50 South intersection , which is a retail node for this area of the county and will provide a conveniently located shopping option for local residents The adjacent properties to the East and North are currently zoned GB Other properties at this intersection are currently zoned GB Specific Land Uses APPLICANT Commercial Retail store Special Use Conditions 1 Permitted uses Commercial Retail store 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 Planning and Zoning Department Staff 4 Must comply with all traffic improvements as required by NCDOT 5 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties with non - security lighting turned off after hours 6 Installation of a Class B Buffer along zoning lines 2 large trees , 3 small trees , and 9 shrubs per 100 linear feet A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally or more intense 7 Hours of Operation Monday through Sunday , 7 00am to 10 00pm 8 Signage must comply with sign code Sec 14 - 509 with lighting turned off after hours 9 All buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 10 Left turn lane shall be installed based on NCDOT requirements Mr Gray listed and reviewed the special use conditions with the Board and noted the Planning Board removed condition # 10 because condition # 4 will require the applicant to comply with all traffic improvements as required by the Department of Transportation Mr Gray stated the current plans call for a Dollar General on the site George Venters , 3825 Barrett Drive , Raleigh , representing Applicant Glandon Forest Equity , stated they agree with the proposed special use conditions Page5109 March 7 , 2016 – 6 00 pm Continued There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the 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 There being no further comments , the Chairman closed the Special Use Hearing for Case 16 - 03 Decision on Special Use Case 16 - 03 Case 16 - 03 To allow for commercial retail Owner Juliana Bunn King Testamentary Trust , Janice Dorman , and Tony Dorman Applicant Glandon Forest Equity , LLC Based on the findings of facts and special use conditions as listed below , Commissioner Ted G Godwin moved the Board authorize the Planning Department to issue a special use permit for Case 16 - 03 to allow for commercial retail on 19 acres located at the intersection of NC Highway 96 South and NC Highway 50 South in Meadow Township Commissioner Cookie Pope seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 T