January 3, 2011 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 233 Meeting of the Johnston County Board of Commissioners January 3 , 2011 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , January 3 , 2011 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Allen L Mims , Jr , Chairman , Cookie Pope , Wade M Stewart , DeVan Barbour , and Tony Braswell Absent Jeffrey P Carver , Vice Chairman and W Ray Woodall Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , David F Mills , County Attorney , and Melissa A Daughtry , Paralegal Deputy Clerk Chairman Allen L Mims , Jr called the meeting to order at 6 00 pm and the following business was transacted Chairman Mims noted the absence of Commissioner W Ray Woodall due to illness as well as Commissioner Jeffrey P Carver due to the illness of a family member Announcement Regarding Agenda Item No 5 – Public Hearing Ordinance Amendment - § 16 - 3 – Firearms Ordinance Chairman Allen L Mims , Jr announced that the previously scheduled public hearing on a proposed ordinance amendment regarding firearms has been postponed Chairman Mims stated a workgroup has been established to review the proposed firearms ordinance , address the citizens ’ concerns that have been received and develop a revised ordinance that is mutually acceptable among all The workgroup will have their first meeting on January 10 , 2011 at 6 00 pm in the Land Use Center Conference Room in Smithfield Once the public hearing has been rescheduled for a later date , it will be properly advertised 1 Public Comments None 2 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – December 22 and 29 , 2010 Certified letters were mailed to adjoining property owners on December 20 , 2010 Notices were posted at the locations on November 29 , 2010 for Case 10 - 19 and October 1 , 2010 for Case 10 - 23 The Chairman opened the Rezoning Hearing for Case 10 - 19 Case 10 - 19 Petition to rezone 027 acres of a 494 acre tract located at 7845 NC Hwy 210 in Elevation Township from Agricultural Residential AR to Community Business - Special Use District CB - SUD Tax ID 07G07003 Owner Ken M and Jo Ellen Clifton Applicant Ken M Clifton Planning Director Berry Gray stated the petition is to rezone 027 acres of a 494 acre tract located at 7845 NC Hwy 210 in Elevation Township from Agricultural Residential to Community Business - Special Use District Mr Gray noted the special use request associated with the rezoning Mr Gray stated the existing land use is for a single family dwelling owned by the applicant The surrounding land use is zoned Agricultural Residential with nearby subdivisions including Forest Oaks located across the road The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which low or moderate levels of growth pressures currently exist or are anticipated over the next 20 years Mr Gray recalled that the Board reviewed the request in November at which time the Board tabled the case per the applicant’s request to allow time to review possible alternative locations for the rezoning The applicant has since revised the request and moved the proposed area considered for rezoning approximately 700 feet off the road and adjacent to the applicant’s dwelling Mr Gray referenced the revised site plan submitted by the applicant in the Board’s agenda packet to reflect the new proposed area Hampton Whittington , Jr , Attorney for Applicant Ken Clifton , PO Box 457 , Benson , addressed the Board and stated that Mr Clifton owns approximately 60 acres on NC Hwy 210 and he is proposing to open a small used car lot Mr Whittington explained that originally Mr Clifton proposed for the car lot to be located atPage234 January 3 , 2011 – 6 00 pm Continued the front of his property and adjacent to NC Hwy 210 ; however , due to concerns received by residents in the neighborhood at the November meeting , Mr Clifton has moved the proposed site approximately 700 feet off the roadway and behind his home Mr Whittington stated the new subject site would not be visible from the road Mr Whittington acknowledged that the neighborhood residents have had concerns over increased traffic that may be associated with the proposed use ; however , he stated that most of the sales will be done over the internet ; therefore , any increase in traffic would be minimal Mr Whittington added that if more lots are sold in Forest Oaks Subdivision , that perhaps more traffic would be created by those additional residents traveling in and out of Forest Oaks Mr Whittington explained that Mr Clifton must have a separate building and area to display cars in order to receive a dealer’s license from North Carolina Department of Motor Vehicles DMV Mr Whittington stated the surrounding property owners , including the Massengill Family and Mr Keith Smith , are not opposed to the proposed use Mr Whittington made reference to a letter in the agenda packet written by Mr Steve Langdon Langdon Farm Properties , LLC who is developing a subdivision near Mr Clifton’s property known as Lakewood Estates in support of the request Mr Whittington stated that Mr Clifton feels that once the car lot is opened , no one will know it is there and it will not create any problems for the area At the inquiry of Chairman Allen L Mims , Jr , Mr Whittington confirmed that per DMV requirements , Mr Clifton would put a small building on the subject site to house a sales office for the car lot Commissioner DeVan Barbour stated the original site plan showed a proposed building 8 ft x 20 ft in size and he asked if Mr Clifton planned a similar building on the new site Mr Whittington confirmed that Mr Clifton is planning a similar building on the new site Chairman Mims asked if the sales office would be equipped for handicap bathrooms and also where on the new site Mr Clifton proposed to put the office Mr Whittington stated that if handicap bathrooms are required then Mr Clifton would plan for them Mr Whittington reported that Mr Clifton would decide where exactly to locate the sales office , if the rezoning is approved Upon a question by Commissioner Tony Braswell , Mr Whittington confirmed that the sales office would be located on the same site as the car storage lot Applicant Ken Clifton , 7845 NC Hwy 210 , Smithfield , informed the Board that he proposes to have an auto sales operation that is primarily an on - line sales business Mr Clifton stated that with a primarily on - line business , he did not believe that traffic would be an issue Mr Clifton added the operation would be a secondary income that he would closely monitor and he anticipated that customers would call to schedule appointments to look at cars whereupon he would set up times to meet the customers perhaps on the weekends Mr Clifton reiterated that the proposed use is not intended to be a huge business , but rather a small way to make extra money Chairman Mims indicated that it is his contention that the County is zoned properly and when someone requests a rezoning , then there has been a change in the neighborhood whereupon the area is perhaps moving towards a more commercial or industrial nature Chairman Mims stated that when he looked at the subject area , he felt that it is very rural and residential and he asked if Mr Clifton felt the proposed rezoning would enhance the neighborhood or if it is needed Mr Clifton stated that he has no intention of disrupting the neighborhood which is why he moved the subject site further off the road in order to compromise with the concerns of the neighborhood residents Mr Clifton stated he feels that NC Hwy 210 will be a growth area in the future , and while the section of NC Hwy 210 where he currently lives may not be a commercial area , he can travel two miles up the road and purchase a commercial lot Commissioner Barbour asked how many cars Mr Clifton planned to keep in inventory Mr Clifton responded that he envisions having anywhere from 5 to 10 cars in inventory Mr Clifton stated if the business became larger , he would then look for a bigger commercial site somewhere else where there would be more traffic Page235 January 3 , 2011 – 6 00 pm Continued Jason Gipe , 37 Meadows Oaks Circle , spoke in opposition to the rezoning request Mr Gipe stated that he can appreciate Mr Clifton’s efforts to move the subject site further off the road ; however , in order to have the business , there would have to be some type of advertisement at the road and considering where the existing driveway is located , there would still be a safety issue Mr Gipe reported that there is a blind hill at the site with no deceleration lane that customers could utilize to turn into the car lot Mr Gipe informed the Board that at the Planning Board meeting , Planning Board Member James Gathers reported he visited the site and personally witnessed a school bus wait eight minutes before being able to turn right onto NC Hwy 210 out of Forest Oaks Subdivision Mr Gipe also expressed concerns that customers would possibly test drive vehicles in the neighboring subdivisions which could be a safety issue to those people that walk in the area Mr Gipe noted that in addition to the residents of Forest Oaks , some of the residents in Dell Meadows and Lakewood Estates have also expressed the same concerns Mr Gipe stated his concerns over possible impacts to the adjacent property tax values if the business is allowed He reported that he had spoken with an appraiser who has indicated that there would be impacts on property values if the request is approved regardless of how small or large the business would be At the inquiry of Chairman Mims , Mr Gipe reported that they consulted with Janis Marsh , their subdivision listing agent , along with Tim Cain , an appraiser that lives in Forest Oaks ; however , Ms Marsh and Mr Cain were both traveling and could not be present at the meeting and that it was their understanding the request was not to be heard by the Board of Commissioners until February Commissioner Braswell stated it is better if the Board has factual evidence to consider and he asked Mr Gipe to share with the Board the specific concerns by the listing agent and the appraiser , regarding impacts to property tax values Scott Hawkins , 53 Hawks Nest Circle , President of the Homeowners Association for Forest Oaks Subdivision , reported that he had spoken with Mr Tim Cain , an appraiser that lives in Forest Oaks concerning the rezoning Mr Hawkins stated that because he thought the request was not to be heard by the Board of Commissioners until February , he did not have specific numbers Mr Hawkins explained that the nature of a commercial zoning is to allow for the development of land that would provide for daily conveniences and personal services for the needs of the surrounding area Mr Hawkins stated the nature of a used car lot is narrow in scope and can only provide for the need of one person at one time which is not consistent with any of the other commercial uses in the area such as the pet grooming facility or hair salon which can provide for daily basic needs Mr Hawkins stated the proposed use is not consistent with the current zoning and the Land Use Plan which has labeled the area a Secondary Growth Area Mr Hawkins reported there are two car lots located within 76 miles from the entrance of Forest Oaks and another car lot located approximately 42 miles in the opposite direction ; therefore , it is the position of the community , especially in Forest Oaks , that the area is already saturated with the proposed use Mr Hawkins stated that the proposed use would not enhance the area Keith Smith , 2515 Lakewood Road , Four Oaks , spoke in support of the rezoning request Mr Smith informed the Board that he has been a farmer in the area for over 30 years and he farms 22 acres directly beside Forest Oaks Subdivision as well as 128 acres behind the Clifton property Mr Smith stated he did not see a problem with Mr Clifton’s proposed use , with a 10 to 12 car limit Mr Smith asked that when taking into consideration that there are 3,700 vehicles traveling NC Hwy 210 each day , what percent would four or five more vehicles per week add Mr Smith reiterated comments by Mr Whittington that if more lots were sold in Forest Oaks Subdivision it could create more traffic than a car lot that is limited 10 to 12 vehicles Mr Smith stated if he felt the proposed use would devalue his property at all , he would not support the request Mr Smith stated he respects what Mr Clifton if trying to do on his own property to supplement his income during these trying economic times In regards to comments concerning the sale of additional lots in Forest Oaks Subdivision and their traffic impact compared to that of the proposed use , Chairman Mims explained that the land is already zoned for Agricultural Residential and additional houses are permitted within that use Commissioner Braswell asked if the property owned by Langdon Farm Properties , LLC Lakewood Estates adjoined the Clifton Property Mr Smith confirmed that the Langdon property Lakewood Estates did adjoin the Clifton Property Commissioner Braswell stated that the Langdon property Lakewood Estates is also calling for the development of many new homes Commissioner Braswell noted the letter in the agenda packet from Steve Langdon of Langdon Farm Properties , LLC Lakewood Estates in support of the rezoning Page236 January 3 , 2011 – 6 00 pm Continued Mr Smith stated that the Langdon property Lakewood Estates does adjoin the Clifton property ; however , the entrance to the subdivision is located on an adjacent road Lakewood Road which is away from the entrance that Mr Clifton would be using on Hwy 210 Todd Hess , 87 Meadow Oaks Circle , Smithfield , stated that the entrance to the Langdon Property Lakewood Estates is located approximately 22 miles west on NC Hwy 210 from the entrance of the Clifton property Mr Hess noted the rezoning request was accompanied by a special use and he asked if repair work would be allowed on the subject site and if so , have the appropriate Environmental Protection Agency studies been performed Chairman Mims stated that the applicant has not requested to have any type of repair work uses other than detailing the automobiles for sale Chairman Mims stated a special use is a way of rezoning property so that special conditions could be applied to the use to ensure harmony within the surrounding neighborhood Mr Whittington stated that Mr Clifton is not requesting to repair vehicles on the subject site Chairman Mims referenced a letter that had been received earlier in the day , dated December 31 , 2010 from Carol Clifford in opposition to the rezoning case Jason Gipe , 37 Meadows Oaks Circle , readdressed the Board and stated that there were a few residents of Lakewood Estates that were at the previous meeting regarding Mr Clifton’s request in opposition Mr Gipe informed that Board that although Steve Langdon , the developer of Lakewood Estates , submitted a letter in support of the rezoning , there are some residents of the subdivision that are opposed At the inquiry of Chairman Mims , Mr Gray stated the letter from Steve Langdon of Langdon Farm Properties , LLC dated October 9 , 2010 in support of the request is included in the agenda packet as part of the record Mr Gray added that a headcount was taken at the Planning Board meeting of those in opposition to the rezoning ; however , staff does not have a record of where those residents actually live in the area or which subdivisions they represent Mr Gray reported the Planning Board recommended denial of Case 10 - 19 due to the incompatibility with the neighboring residential developments , the lack of nearby commercial developments , and concerns with traffic safety Commissioner Braswell asked for staff’s recommendation on the rezoning Mr Gray reported staff initially recommended approval which was based on the ability to place special conditions on the special use to help it become more compatible with the area There being no further comments , the Chairman recessed the Rezoning Hearing for Case 10 - 19 Decision on Rezoning Case 10 - 19 Case 10 - 19 Petition to rezone 027 acres of a 494 acre tract located at 7845 NC Hwy 210 in Elevation Township from Agricultural Residential AR to Community Business - Special Use District CB - SUD Tax ID 07G07003 Owner Ken M and Jo Ellen Clifton Applicant Ken M Clifton Commissioner DeVan Barbour stated that he did not believe a 10 to 12 car lot that is primarily an internet sales business would cause a measurable traffic concern in that most people would shop on - line for a vehicle before visiting the site with the intent of purchasing that specific vehicle Commissioner Barbour added that regarding the concerns over test driving within the neighborhoods , he felt that customers would not leave the car lot and immediately turn into the subdivision , and further , he believed that Mr Clifton , knowing the neighborhood concerns , would ride along with the customer to discourage test driving in the neighboring subdivisions Commissioner Barbour stated that he feels Mr Clifton has done a good job of trying to work with everyone by moving the site off the road so there would be minimal visibility from the road Commissioner Barbour offered that with the proper special conditions placed on the use , it should have a minimal impact and would not be a detriment to the area PagePage pageNumber5237 January 3 , 2011 – 6 00 pm Continued Motion Commissioner DeVan Barbour moved the Board approve rezoning case 10 - 19 to rezone 027 acres of a 494 acre tract located at 7845 NC Hwy 210 in Elevation Township from Agricultural Residential to Community Business - Special Use District Commissioner Wade M Stewart seconded the motion Further Discussion Commissioner Tony Braswell stated that he believed if Mr Clifton were proposing to manage an on - site car lot that depended solely on traffic , then he would not have moved the site 700 feet back off the road to its current position in the spirit of trying to work with the community Vote The motion carried by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , DeVan Barbour , and Tony Braswell Nays Chairman Allen L Mims , Jr Chairman Allen L Mims , Jr stated that he did not feel the subject site was an appropriate place for the proposed use The Chairman opened the Special Use Hearing for Case 10 - 19 Case 10 - 19 To allow for automotive sales and display Owner Ken M and Jo Ellen Clifton Applicant Ken M Clifton Those wishing to speak on Special Use Case 10 - 19 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for automotive sales and display Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 10 - 19 on August 26 , 2010 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On December 21 , 2010 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 10 - 19 and made the following recommendations Upon a motion by Mr Massengill for approval of the rezoning , seconded by Mr Summerlin , the motion failed , with a vote of 3 to 5 with Mr Jenkins , Mr Gathers , Mr DeLaine , Mr Browder and Mr Smith dissenting , the Planning Board recommended denial of the Rezoning for Case 10 - 19 at the December 21st , 2010 meeting Mr Gray submitted the following proposed Findings of Facts and Special Use Conditions for the Board’s consideration 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 property is located on Highway 210 This property is part of 52 acres that I own and live on My property borders two sides of this property The other bordering property is used for agriculture as well asPagePage pageNumber6238 January 3 , 2011 – 6 00 pm Continued the property across the road The property will contain an office with remainder used for car display All aspects of the business will be kept at a high standard My business plan is quality over quantity Hours of operation will be 7 00am - 9 00pm 7 days a week with a concentration on peak daylight times like after work hours and weekends Sales will be generated from display along Highway 210 as well as online advertising The business will be operated to insure public health , safety , and general welfare of all customers Property will be kept free of any potential safety hazards Staff The landscaped buffer along property line and normal hours of operation will promote the public health , safety , and general welfare 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 property and business will be in compliance with all county , state , and federal regulations I will abide by all NCDMV requirements for a licensed car dealer in North Carolina Staff This location , on a collector street , will be able to serve the daily convenience and personal service needs of the surrounding area , as the Community Business District is intended to do 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 Highway 210 has become a main corridor Value of contiguous property as well as other Highway 210 properties will be an asset to the community by way of future commercial growth The Johnston County Planning Department and Board of Commissioners have to insure property uses are kept at a high standard to sustain quality growth and are an asset to the community I live on this property and will insure that all aspects of this business will be kept at a high standard with no negative impact on surrounding properties Staff Landscape buffering requirements and special use conditions will be enforced to maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant I feel that the commercial zoning future of Highway 210 will almost mirror what has happened to the Highway 42 corridor with the growth projected The economy will rebound and all indicators show that we are fortunate to be in one of the best areas in the nation Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards Special Use Conditions 1 Permitted Uses Automotive Sales 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant must submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of Operation Monday through Sunday , 7 00 am – 9 00 pm 5 Limited to the storage of 25 vehicles 6 Auto detailing is permitted for autos associated with the sales use 7 Installation of at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs along internal lines and 2 large trees , 3 small trees and 9 shrubs along the street every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 8 Signage must comply with the sign code , DMV signage requirements , and is limited to 16 sqft along NC Hwy 210 9 Must obtain NCDOT driveway permit 10 All existing and future buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 11 Lighting , if any , must be dark sky lighting and engineered so as not to shine onto adjacent properties Mr Gray noted that the applicant has expressed his ability to lower the number of vehicles from 25 and that staff would have no concerns if the Board concurs Commissioner Tony Braswell expressed his concern with allowing 25 vehicles in the special conditions Commissioner Braswell stated the basis of his vote for approval on the rezoning was that there would not be many cars on the site Applicant Ken Clifton , 7845 NC Hwy 210 , Smithfield , asked the Board to approve a maximum limit of 15 vehicles Commissioner Wade M Stewart noted that the subject site is located 700 feet off the road behind the applicant’s house ; therefore , the site would have minimal visibility Commissioner Cookie Pope expressed her concerns with the buffer requirement in that the site is located 700 feet off the road and is surrounded by the applicant’s property PagePage pageNumber7239 January 3 , 2011 – 6 00 pm Continued Hampton Whittington , Jr , Attorney for Applicant Ken Clifton , PO Box 457 , Benson , agreed that the subject site is hidden from the road and it would only be buffered from the Clifton family Mr Whittington stated that Mr Clifton would be acceptable to a limit of 15 vehicles Commissioner Pope noted that the buffer requirement states that “ existing natural vegetation may be used if more intense than the buffer requirement ” Mr Clifton stated he believed the buffer requirement was a carryover from the initial request when the proposed car lot was to be placed at the road Chairman Allen L Mims , Jr stated that the Board has never required an applicant to buffer from his own property ; therefore , the buffer requirement could be eliminated Commissioner Braswell expressed concern over the proposed hours of operation , indicating that he could not support Monday through Sunday , 7 00 am until 9 00 pm Commissioner Stewart stated that Mr Clifton may wish to detail the cars for sale on Sundays Commissioner Braswell stated that he would perhaps be acceptable to allowing afternoon hours only on Sundays ; however , he could not support the hours of operation as proposed due to some of the concerns raised by the neighborhood residents Chairman Mims asked Mr Clifton about the proposed hours of operation Mr Clifton stated in that the business would primarily be an on - line business , customers would call to schedule appointments ; therefore , he requested the proposed hours of operation as Monday through Sunday , 7 00 am until 9 00 pm in order to have flexibility ; however , he would recommend to his customers to meet with him after lunch on Sundays Mr Clifton stated his hours of operation would mainly be daylight hours on Saturdays , Sundays , and weekday afternoons during the summer Chairman Mims noted that some of the neighborhood residents had concerns over signage Mr Gray stated the proposed 16 sq ft size is the normal requirement for Community Business – Special Use District ; however , he noted there have been cases where the size of the sign has been reduced Commissioner Stewart commented that the DMV’s signage requirements are probably stricter than the County’s Mr Clifton confirmed that the DMV does have specific regulations with regards to signage ; however , he stated that he does not want a large sign at the road because he does not want people stopping by and looking at vehicles when he is not at home Mr Gray stated the Planning Board did not review the special use conditions due to the recommendation for denial on the rezoning Mr Gray stated that a 16 sq ft sign is typically larger than what DMV requires and in the past , the Board has stated “ minimum signage as required by DMV ” There being no further comments , the Chairman recessed the Special Use Hearing for Case 10 - 19 Decision on Special Use Case 10 - 19 Case 10 - 19 To allow for automotive sales and display Owner Ken M and Jo Ellen Clifton Applicant Ken M Clifton Motion Based on the findings of facts and revised special use conditions with revisions to change the limit of vehicles to 15 and to eliminate condition # 7 for buffer requirements , Commissioner Wade M Stewart moved the Board authorize the Planning Department to issue a special use permit for Case 10 - 19 to allow for automotive sales and display on 027 acres of a 494 acre tract located at 7845 NC Hwy 210 in Elevation Township Commissioner Cookie Pope seconded the motion PagePage pageNumber8240 January 3 , 2011 – 6 00 pm Continued Further Discussion Chairman Allen L Mims , Jr asked Commissioner Stewart if he wished to revise the condition on signage Commissioner Stewart stated that he believed Mr Gray addressed the special condition that the sign would be limited to 16 sq ft and that it must comply with the sign code along with DMV signage requirements Commissioner Stewart added that he is sure the applicant would not display anything larger than DMV requirements and if so , it would be limited to 16 sq ft At the inquiry of Commissioner Tony Braswell , Commissioner Stewart stated his motion did not include any changes to the hours of operation The motion carried by the following vote Ayes Commissioners Allen L Mims , Jr , Wade M Stewart , Cookie Pope , and DeVan Barbour Nays Commissioner Tony Braswell Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Automotive Sales 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant must submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of Operation Monday through Sunday , 7 00 am – 9 00 pm 5 Limited to the storage of 15 vehicles 6 Auto detailing is permitted for autos associated with the sales use 7 Signage must comply with the sign code , DMV signage requirements , and is limited to 16 sqft along NC Hwy 210 8 Must obtain NCDOT driveway permit 9 All existing and future buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 10 Lighting , if any , must be dark sky lighting and engineered so as not to shine onto adjacent properties The Chairman reopened the Rezoning Hearing for Case 10 - 23 Case 10 - 23 Petition to rezone 1 acre of a 473 acre tract located at 260 Allen Road SR 1516 in Cleveland Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 06F04020B Owner Thomas and Sandra Allen Applicant Sandra Allen Planning Director Berry Gray stated the petition is to rezone one acre of a 473 acre tract located at 260 Allen Road in Cleveland Township from Agricultural Residential to General Business - Special Use District He noted the accompanying special use request to allow for the operation of an automotive repair facility Mr Gray stated there is an existing residential dwelling on the property along with a grandfathered automotive repair business that has been in operation on the site for years Mr Gray reported the applicants would like to expand their operation into an adjacent metal building on the property , hence the request for the rezoning The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; General Business and used for the sale of outdoor furniture ; and Community Business – Special Use District for small engine repair The subject area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Applicant Sandra Allen of 9638 Cleveland Road , Clayton , reported that they wish to expand the business into another building on the property and they have upgraded the building for handicap access Mr Gray reported the Planning Board recommended approval of the rezoning request There being no further comments , the Chairman closed the Rezoning Hearing for Case 10 - 23 PagePage pageNumber9241 January 3 , 2011 – 6 00 pm Continued Decision on Rezoning Case 10 - 23 Case 10 - 23 Petition to rezone 1 acre of a 473 acre tract located at 260 Allen Road SR 1516 in Cleveland Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 06F04020B Owner Thomas and Sandra Allen Applicant Sandra Allen Commissioner Cookie Pope moved the Board approve rezoning case 10 - 23 to rezone 1 acre of a 473 acre tract located at 260 Allen Road in Cleveland Township from Agricultural Residential to General Business - Special Use District Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 10 - 23 Case 10 - 23 To allow for the operation of an automotive repair facility Owner Thomas and Sandra Allen Applicant Sandra Allen Those wishing to speak on Special Use Case 10 - 23 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for the operation of an automotive repair facility Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 10 - 23 on August 25 , 2010 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 October 19 , 2010 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 10 - 23 and made the following recommendations Upon a motion by Mr Edwards for approval of the rezoning , seconded by Mr Browder and carried by a vote of 9 - 0 , the Planning Board recommended approval of the Rezoning for Case 10 - 23 at the October 19th , 2010 meeting Upon a motion by Mr Browder for approval of the Special Use Conditions seconded by Mr DeLaine and carried by a unanimous vote of 9 - 0 , the Planning Board recommended approval of the Special Use for Case 10 - 23 at the October 19th , 2010 meeting based on the following findings of fact and special use conditions 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 Facility was used for similar purpose before the building burned , and is part of the farm maintenance as well as auto repair Staff The applicant will be subject to special use conditions and state and federal laws which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The development meets requirements of general business including size , parking , setbacks , and associated facility to support uses Staff The existing building meets the setback and access requirements and complies with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant Facility operates 7 30 am to 5 30 pm Monday through Sunday , and is within the overall acreage of the owner’s property providing a buffer to adjacent properties in the area Staff Regular hours of operation will be maintained This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties Page0242 January 3 , 2011 – 6 00 pm Continued 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Facility in tune with development in the area and will provide a service to the entire community Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Automotive Mechanical Repair Special Use Conditions 1 Permitted Uses Automotive repair 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 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class B buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be 7 30am till 8 00pm Monday – Sunday 7 Signage shall be in accordance with the signage code limited to 36sqft ground sign 8 Disposal of all petroleum’s , oils , and lubricants shall meet all local , state , and federal requirements 9 Shall be limited to the outdoor storage of 20 vehicles awaiting pickup or repair , all outdoor storage shall be enclosed by an opaque fence , and located no closer to Allen Rd than the closest building Mr Gray listed and reviewed each of the special use conditions with the Board At the inquiry of Commissioner Wade M Stewart , Mr Gray reported that the size of the sign allowed is based on the type of zoning being requested He explained that the current case could allow for a 36 sq ft sign because the requested General Business – Special Use District zoning is more intense than Community Business – Special Use District as was requested in the previous case Case 10 - 19 Commissioner Cookie Pope asked about landscaping buffer requirements , noting that the business has been in operation for years on the site Mr Gray stated that if the applicant is expanding to an area on the property that is not visible then typically , staff would not require landscape buffering around the entire property Mr Gray indicated that from his view , the applicant would be moving to a part of the property that is no more visible than their current location ; therefore , staff would work with the applicant Applicant Sandra Allen of 9638 Cleveland Road , Clayton , stated that they understand the special use conditions as proposed Commissioner Tony Braswell noted that the use has been in business for years and he asked if they currently operate on Sundays Ms Allen responded that they presently do not work on Sundays Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 10 - 23 Decision on Special Use Case 10 - 23 Case 10 - 23 To allow for the operation of an automotive repair facility Owner Thomas and Sandra Allen Applicant Sandra Allen Based on the findings of facts and the special use conditions , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 10 - 23 to allow for the operation of an automotive repair facility on 1 acre of a 473 acre tract located at 260 Allen Road in Cleveland Township Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Automotive repair 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 Page1243 January 3 , 2011 – 6 00 pm Continued 4 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class B buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be 7 30am till 8 00pm Monday – Sunday 7 Signage shall be in accordance with the signage code limited to 36sqft ground sign 8 Disposal of all petroleum’s , oils , and lubricants shall meet all local , state , and federal requirements 9 Shall be limited to the outdoor storage of 20 vehicles awaiting pickup or repair , all outdoor storage shall be enclosed by an opaque fence , and located no closer to Allen Rd than the closest building The Board took a five minute recess 3 Public Hearing Ordinance Amendment - § 14 - 75 Open Space Fee In Lieu Advertised – In The Smithfield Herald – December 22 and 29 , 2010 The Chairman opened the public hearing Planning Director Berry Gray explained that currently the County gives developers an option to either designate acreage for open space or pay the open space fee - in - lieu when developing subdivisions The current open space fee - in - lieu is 400 per lot Mr Gray reported the current code states that the fee can be used by the County for the acquisition or development of open space ; however , North Carolina General Statute 153A - 331 only allows a county to use open space funds for the acquisition of land within the immediate area in which it was collected , unlike municipalities which can use their funds for acquisition or development anywhere within their boundaries Mr Gray stated the proposed amendment is to adjust the ordinance language to mirror that of the State Statute Mr Gray noted the Planning Board recommended approval of the amendment Chairman Allen L Mims , Jr stated that the County could ask the legislative delegation to submit a local bill that would give the County the same authority as the municipalities At the inquiry of Commissioner Wade M Stewart , Mr Gray explained that if the required open space acreage to be designated within the subdivision is less than two acres , then the fee - in - lieu is required unless the Planning Board chooses to waive the fee If the open space acreage required is two acres or more , the developer can either designate the open space area within the development or chose to pay the fee - in - lieu Chairman Mims asked when the fee - in - lieu is paid by the developer Mr Gray responded the fee - in - lieu payment is due at the time when lots are recorded Mr Gray stated the fee in lieu can be paid over time for example , if the subdivision is proposed to have 100 lots and the developer records only a few lots at one time , then the fee - in - lieu is paid only on the number of lots that are recorded at that time Commissioner Stewart commented that there are two reasons why a developer would choose not to record all the lots immediately ; 1 when a lot is recorded , the tax value of that lot increases ; and 2 the open space fee - in - lieu would be due Commissioner Cookie Pope inquired as to how much is currently in the open space fund and has any of it been used Mr Gray reported the current balance of the open space fund is 885,000 and none of it has been used to date Sonny Johnson , 341 Sonny Road , Clayton , addressed the Board and stated that one other reason why developers may chose not to record lots immediately is because the sewer assessment fee is also due at the time the lot is recorded which is 2,400 per lot Mr Johnson stated that other places do not require the sewer assessment fee to be paid at the time when the lot is recorded , but rather it is required when the builder applies for the actual building permit Mr Johnson stated he would prefer that Johnston County also only require the sewer assessment fee at the time of building permit issuance Mr Johnson stated that he would not want the County to take the open space funds that were collected from a certain community and use them somewhere else Commissioner Stewart noted that the ordinance amendment has been presented so that the funds would be used within the immediate area of where they are collected ; however , he stated that no one has been able to define the term “ immediate area ” Commissioner Stewart expressed his concerns with the open space fee - in - lieu commenting that he has been opposed to the open space requirement from the beginning CommissionerPage2244 January 3 , 2011 – 6 00 pm Continued Stewart stated that with the amount of money presently in the open space fund , until he can be shown a plan for using some of the money to benefit the citizens of the County , he is opposed to any modification of the ordinance Commissioner Stewart stated he would like the Board to hold another public hearing for the purposes of getting feedback from the public and the development community if a possible moratorium should be placed on the fee - in - lieu and open space requirement until such time as the economic environment improves Commissioner Stewart stated the Board could show the development community a sign of good faith and possibly reduce some of the fees that the developers are faced with Chairman Mims stated that he believed the term “ immediate area ” would be defined as the County township boundaries Chairman Mims indicated that regarding the sewer assessment fee , the Board has discussed in the past that those fees are needed so that the Public Utilities Department can properly plan and pay for future needed wastewater capacity Chairman Mims suggested discussing the issues raised by Commissioner Stewart at the Board’s annual work session in February or March and have the appropriate staff on hand to answer questions before calling for a formal public hearing to discuss the matters Commissioner Stewart suggested postponing a decision on the ordinance amendment until the Board could discuss the matter further at the upcoming work session Chairman Mims stated that he would prefer the County adopt the ordinance amendment and still discuss the issue at the upcoming work session County Attorney David Mills advised that the ordinance amendment would ensure that the County Code is compliant with State Law There being no further comments , the Chairman closed the public hearing Commissioner DeVan Barbour moved the Board approve the amendment to the Code of Ordinances as presented and following , seconded by Commissioner Tony Braswell , and carried by the following vote Ayes Commissioners Allen L Mims , Jr , DeVan Barbour , and Tony Braswell Nays Commissioners Wade M Stewart and Cookie Pope Note Since the vote was not unanimous , pursuant to NCGS 143A - 45 , a second vote will be held at the February 7 , 2011 6 00 pm meeting Section 14 - 75 Agricultural - residential district AR i Payments in lieu of provision or dedication In lieu of providing or dedicating common open space or recreation area required pursuant to this section , a developer of a subdivision or planned development may choose to make a payment to the county As noted in subsection g , if the required open space to be provided is less than two acres the planning board shall determine if fee - in - lieu shall be required The county shall use such payment only for the acquisition or development of open space , recreation , or park sites to serve residents of the county more than one subdivision or development within the immediate area The amount of the payment shall be the product of the total number of dwelling units recorded multiplied by the fee established in the countys annual schedule of fees The developer shall make the payment before approval of a final plat , however , the planning director may allow phasing of payments consistent with the approved phasing of the subdivision 4 Public Hearing Ordinance Amendment - § 14 - 75 Junk and Junk Vehicles Advertised – In The Smithfield Herald – December 22 and 29 , 2010 The Chairman opened the public hearing Planning Director Berry Gray stated the purpose of the public hearing is to receive public comment on a proposed amendment to the Code of Ordinances as it relates to Section 14 - 75 – Junk and Junk Vehicles Mr Gray explained that the amendment is to add junk and junk vehicle to the list of permitted uses in the Agricultural Residential District The allowance for one junk vehicle and up to 200 sqft of junk is currently enforced by the County and has always been found in the Definitions section of the Code ; however , due to its location only in the definitions , it is often overlooked by citizens referencing the code and can often cause debate Mr Gray stated staff would like to move it to the permitted section in order to provide clarity and avoid confusion Page3245 January 3 , 2011 – 6 00 pm Continued There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the following amendment to the Code of Ordinances Section 14 - 75 Agricultural - residential district AR b Permitted uses 14 One junk or inoperable vehicle 15 Up to 200 square feet of junk 5 Public Hearing Ordinance Amendment - § 16 - 3 – Firearms Ordinance Advertised – In The Smithfield Herald – December 22 and 29 , 2010 Per the Chairman’s announcement at the beginning of the meeting , the public hearing was postponed until further notice 6 Manager Reports and Comments None 7 Board Reports and Comments A Roof on the Public Library of Johnston County and Smithfield Chairman Allen L Mims , Jr reported that the Town of Smithfield had agreed to contribute 1 3 of the cost of repairs for the roof of the Public Library of Johnston County and Smithfield Chairman Mims stated that Baker Roofing was the contractor and the work is now complete B Recognition of Animal Services Commissioner Cookie Pope recognized the Director of Animal Services Ernie Wilkinson and his staff for their assistance with the recent fire at Puppy Paradise C 2011 Board Work Session Chairman Allen L Mims , Jr asked the County Manager to begin looking at dates for an upcoming 2011 Work Session for the Board 8 NC Stop Torture Now Quaker House Chuck Fager , 223 Hillside Avenue , Fayetteville , North Carolina , presented the Board with updated information regarding the accountability of those that NC Stop Torture Now alleges kidnap and abuse detainees There being no further business , Commissioner Tony Braswell moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 7 40 pm Allen L Mims , Jr , Chairman Paula G Woodard , Clerk to the BoardPage