March 7, 2011 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 291 Meeting of the Johnston County Board of Commissioners March 7 , 2011 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , March 7 , 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 , Jeffrey P Carver , Vice Chairman , Cookie Pope , Wade M Stewart , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None 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 1 Public Comments None 2 Project Access – Update to the Board Health Director Dr Marilyn Pearson introduced Georgia Anthony , Executive Director for Project Access , and Project Access Board Members , Michael Grannis and Allan DeLaine Dr Pearson explained that Project Access is a physician volunteer initiative that has provided care for low income , uninsured residents in Johnston County since 2008 Dr Pearson thanked the Board for allocating 15,000 to Project Access in 2008 and gave a brief update to the Board on their activities She presented the following information to the Board Total Enrollment Since 2008 942 Johnston County Citizens Current Enrollment 331 Women 62 Men 38 Unemployed 74 Current Provider Enrollment 34 Family Practice , Cardiology , General Surgery , Thoracic Surgery , Oncology Hematology , Gastroenterology , Orthopedics , Endocrinology , Dermatology , Allergy , Physical Therapy , Family and Marriage Counselor , Radiation , and Radiation Oncology Medical Concerns Cardiac 38 Orthopedic 22 Diabetic 16 Respiratory 10 Other 14 Patients enrolled in Prescription Assistance Programs since 2008 134 14 The cost of those medications gt; 500,000 saved by patients Use of Board of Commissioners Grant 15,000 Provided medication for 105 patients Diabetes care insulin , supplies , cane , diabetic shoes Provided flu shots in 2008 , 2009 , 2010 for Project Access patients Purchased 2 respiratory nebulizer machines ; provided home oxygen ; Provided a knee brace to allow a patient to return to work Total Expended as of February 2011 9,77288Page292 March 7 , 2011 – 6 00 pm Continued Executive Director Georgia Anthony thanked the Board of Commissioners for their past support to Project Access She stated that without Project Access , many people would not have access to proper healthcare The Board thanked the Project Access representatives for the update 3 Triangle Transit Authority – Update to the Board Wake County Manager David Cooke and Triangle Transit Authority General Manager David King presented an update to the Board regarding the Triangle Transit Authority Wake County Manager David Cooke presented a PowerPoint Presentation regarding transit in Wake County He noted that he along with Mr King have visited all the municipalities in Wake County and discussed transit issues with them and they now wished to bring the information to neighboring counties Mr Cooke stated the goal is to discuss how the future will be impacted by transit Mr Cooke reviewed the following presentation with the Board Johnston County – Transit Presentation March 07 , 2011 Transit Background ? Original TTA Plan ? Special Transit Advisory Committee STAC st ? NC21 CenturyCommittee on Transportation ? Blue Ribbon Committee on the Future of Wake County ? CAMPO and DCHC – Long Range Transportation Plan LRTP Page293 March 7 , 2011 – 6 00 pm Continued The Legislation HB 148 ? Authorizes ½ Cent Sales Tax in Wake County and other urban counties with voter approval of a referendum ? Authorizes a Regional Vehicle Registration Fee increase from 5 to 8 Requires Wake County BOC resolution and action by the Triangle Transit Board of Trustees ? Authorizes a County Vehicle Registration Fee up to 7 Requires Wake County Board of Commissioners action ? Authorizes RTP to charge a Property Tax for public transportation projects 10 per 100 HB 148 continued ? Requires that each county approve a “ financial plan ” prior to holding a referendum ? Each county sales tax referendum is independent of the referendum results in other counties So … Our Goal is to develop a Transit Plan that will be supported by voters in a future sales tax referendum Mr Cooke stated that Wake County has twelve municipalities and the County has committed to working with all twelve municipalities regarding a future sales tax referendum He added that in their conversations they try to talk not about what transit means today , but rather how transit fits in the community in the future Mr Cooke noted that Wake County , as well as Johnston County , was one of the fastest growingPage294 March 7 , 2011 – 6 00 pm Continued counties in the State over the last decade and because they expect that growth to continue , Wake County is looking at transit options that could be implemented over time Mr Cooke presented the following population density maps , including the portion of Johnston County that is included in the Capital Area Metropolitan Planning Organization , which shows the population data and projections from 2005 through 2035 Population Density 2005 Population Density High Density Low Density Population Density 2010 Population Density High Density Low Density Population Density 2015 Population Density High Density Low DensityPagePage pageNumber5295 March 7 , 2011 – 6 00 pm Continued Population Density 2025 Population Density High Density Low Density Population Density 2035 Population Density High Density Low Density Mr Cooke continued his presentation by stating that Wake County hopes to develop interlocal agreements with each of their municipalities in order to obtain a consensus on transit issues in Wake County He also presented a timeline of the next steps that Wake County intends to take The Wake County Approach ? All Municipalities Involved in the Process ? Establish a dialogue on municipal decisions that are essential to the success of transit ? Establish a dialogue on transit decisions that are essential to the success of the municipalities ? Require an Interlocal Agreement with the municipalities ? Clear documentation of the Financial and Implementation ElementsPagePage pageNumber6296 March 7 , 2011 – 6 00 pm Continued Interlocal Agreement Municipalities agree to ? Approve the Transit Plan ? Governance How transit decisions are made ? Support the ½ Cent Sales Tax Referendum ? Support the vehicle registration fee s ? Support transit oriented development ? Performance and financial metrics ? Identify a plan review process Schedule Task Milestone Completion Date • Bus Plan – Project Costs Priorities March 2011 • Rail Plan – Project Costs Priorities March 2011 • Draft Composite Wake County Transit Plan May 2011 • Municipalities Consider Approve Transit Plan September – October 2011 • CAMPO Considers Approves Transit Plan August 2011 • Wake BOC Considers Approves Transit Plan October – December 2011 • Board of Commissioners Set the Referendum October – December 2011 • Referendum May 2012 November 2012 May 2013 Triangle Transit Authority General Manager David King presented a PowerPoint Presentation to the Board regarding transit options for Wake and Johnston Counties Mr King stated that with the rising cost of fuel , people are beginning to consider more transit options He noted that in 2008 when gasoline prices increased to over 400 per gallon , bus ridership increased 20 to 30 which is a dramatic increase in the bus industry Mr King reported Triangle Transit is looking into rail service similar to the electrically powered light rail service in Charlotte He further noted high speed rail options connecting Charlotte , Greensboro , Raleigh , Richmond , Washington , and the northeast corridor to Boston are being discussed and the Federal Government has allocated 545 million into that research Mr King reported that there is bus service currently serving the southeastern part of Wake County and there have been discussions with the Town of Clayton regarding the possibility of extending the service from Garner into the Clayton area to accommodate those residents that commute into Wake and Durham Counties to work Mr King stated that further research is being done to determine where bus services could be extended throughout Wake County to cover areas that do not currently have service Mr King stated the Triangle Transit Authority felt that it should determine if Johnston County wanted to participate in discussions regarding the option of commuter rail for the future Mr King added that if commuter rail is an option Johnston County is interested in pursuing , then commuter rail services could possibly be extended as far east as Wilson’s Mills and Selma Mr King reviewed the following slides with the Board PagePage pageNumber7297 March 7 , 2011 – 6 00 pm Continued Transit Options for Wake and Johnston Counties David King Triangle Transit General Manager Triangle Regional Transit Program wwwourtransitfuturecom March 7 , 2011 Quick Background • Special Transit Advisory Commission STAC • Long Range Transportation Plan LRTP • Passage of NC House Bill 148 – Congestion Relief & st Intermodal21 Century Transportation Fund – Option of ½ sales tax by way of referendum for public transportation purposes in Triangle and Triad – Option of ¼ cent sales tax by way of referendum for public transportation purposes in all other NC Counties – Option of vehicle registration fee increase up to 7 for public transportation purposes in all NC Counties Transit takes many forms Mid - Range Bus Plan Alternatives Analysis Southeast High Speed Rail MPO County Transit Triangle Transit URS NC DOT • Identifying potential • Seeking federal funding • NC awarded 545 M to future expanded bus • Determining which implement high speed rail service throughout transit line comes first connection from Charlotte County within the County Transit to Raleigh and eventually to Plan Washington DCPagePage pageNumber8298 March 7 , 2011 – 6 00 pm Continued Bus Planning • new service • increased frequency • park and ride • amenities Financial Model • Balance of Bus & Rail Public Input The • Settings for variables Plan • Use of borrowing • Plan must be affordable Alternatives Analysis • Light Rail • Commuter Rail • Stations 4 • Cost Estimates Neighboring Bus Service • Garner to downtown Raleigh RTE 102 • Potential extension of RTE 102 to Clayton • Wake County considering adding more express routes between municipalities and downtown Raleigh 5 LRT Stations & Corridor 6PagePage pageNumber9299 March 7 , 2011 – 6 00 pm Continued Durham - Wake Corridor Commuter Rail Stations Commuter Rail Characteristics • Generally used for travel between municipalities or longer destinations as compared to Light Rail or Bus Rapid Transit • Average station spacing is 1 to 2 miles apart • Core service includes peak travel trips - morning and afternoon , with some mid - day service Monday - Friday • Some Saturday service and special event service possible 8 Commuter Rail Costs • Approximate Capital Cost per mile - 17 M • Cost sharing proposal – 50 Federal Participation – 25 State Participation – 25 Local Participation 9Page0300 March 7 , 2011 – 6 00 pm Continued Commuter Rail Options Commuter Total Miles Total Johnston County Total Annual Operating Rail Capital Costs Costs Options Wake Count Line to 48 816 M 14 M per year East Clayton Wake County line to 111 1887 M 28 M per year Wilson Mills Wake County line to 165 2805 M 42M per year Selma Station 10 Potential Timeline • Possible Referenda Vote in Wake County November 2012 Johnston County • Bus service improvements within the first 3 years • Commuter Rail Service inaugurated in 4 - 7 years 2016 - 2019 11 Johnston County is GROWING • Johnston County was the second - fastest - growing in the six - county region , which also includes Chatham , Orange , Franklin and Durham Johnston added 46,913 residents , for a total of 168,878 • The population of Clayton more than doubled to 16,116 Page1301 March 7 , 2011 – 6 00 pm Continued Mr King stated the following slide is a projection of what the commuter rail service could possibly look like in the year 2030 Mr King presented the following scenario of potential rail service being extended to the Raleigh - Durham International Airport in conjunction with the Airport’s long range plan He offered to answer any questions by the Board Commissioner Tony Braswell asked how commuter rail would affect Amtrak services Mr King responded that Amtrak would maintain some services ; however , he stated they may reconfigure some destinations and routes which could influence the services from Selma to Raleigh Mr King noted that Amtrak is a potential operator of the commuter rail service and would be competing with several other entities to provide commuter rail service Commissioner Cookie Pope asked about older rail lines in the County Mr King explained that in looking back in the 1920 ’ s of North Carolina history , there were many more rail lines than there are today ; however , many of those lines were used for logging and are no longer in existence Page2302 March 7 , 2011 – 6 00 pm Continued 4 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – February 23 and March 2 , 2011 Certified letters were mailed to adjoining property owners on February 22 , 2011 Notices were posted at the locations on January 3 , 2011 for Case 07 - 30 The Chairman opened the Special Use Hearing for Case 07 - 30 Case 07 - 30 A request to modify the Special Use Permit as follows A commercial subdivision with office , retail , daycare , and other commercial uses Parcel is located at the northeast intersection of Cornwallis Road SR 1525 and NC Hwy 42 W in Cleveland Township Tax ID 05F02021J Owner Cornwallis NC CPDC , LLC Applicant Tony M Tate Landscape Architecture , PA Those wishing to speak on Special Use Case 07 - 30 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to modify the special use permit as follows a commercial subdivision with office , retail , daycare , and other commercial uses He noted the parcel is located at the northeast intersection of Cornwallis Road and NC Hwy 42 W in Cleveland Township Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 07 - 30 on November 22 , 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 January 18 , 2011 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 07 - 30 and made the following recommendations Upon a motion by Mr Letchworth to recommend approval , seconded by Mr Summerlin , the Planning Board recommended approval of Rezoning for Case 07 - 30 Modification at the January 18th , 2011 meeting with a unanimous vote of 8 - 0 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 site will be developed as a commercial subdivision decreasing the likelihood of a strip shopping center , with a 6 ’ solid wood fence along with landscaping in the buffers providing added protection for the neighboring properties , lighting designed to limit off site glare , and limited hours of trash pick - up to limit noise In addition , full access driveways will be aligned with those across the street and if land is available to construct a sidewalk along Cornwallis Road from the full access drive on Cornwallis to the entrance of the Austin Pond neighborhood Staff The development is proposed to be used for commercial purposes and will serve the daily needs of the community by having office , retail and daycare services The design seems very compatible with the neighboring community and includes fencing and landscape buffering to provide privacy to adjacent properties The applicant will be subject to special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant All requirements of the Land Development Code are met with this proposal , including the provision of required parking , increased landscape buffers , setbacks that meet or exceed those required by the code , the required parking lot landscaping , crosswalks within the center to provide for ease and safety or pedestrian travel , parking lot lighting that exceeds the requirements of the code with respect to shielding the neighboring properties from off - site glare , and provisions to manage storm water Additionally , the provisions of the Design Manual with regard to building design and signage will follow Staff This development will comply with the use and intensity regulations as set forth in the Land Development Code Page3303 March 7 , 2011 – 6 00 pm Continued 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 We envision retail and offices and other related commercial uses to the area residents that will provide their daily and weekly needs without travel to and through that busy intersection will decrease traffic congestion in the I - 40 I - 42 area and provide for the daily needs of the residents within walking or biking distance from their homes A 6 ’ solid wood fence along with the landscaping within the buffers will be utilized to provide additional protection for the neighboring properties , trash pickup will be limited in hours , and driveways providing full access to the development will be aligned with those across the streets to increase safety In addition , this plan creates an additional buffer between the commercial development and residents to the east The decreased intensity in buildings will reduce noise , traffic , and light along the property line This is designed to protect the privacy of the adjoining residences On the abutting property to the north , a 5 acre of trees , about 300 ’ in depth , further provides a buffer between the proposed shopping center and the existing residences Staff As previously stated , the design of this commercial center seems compatible with the neighborhood It is designated as a community commercial center in the Land Use Plan and will serve the daily needs of the community The landscape buffer , sidewalk , fence , as well as all of the special use conditions as required by the Boards will ensure that the value of contiguous properties is maintained 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 zoning designation of the parcel as General Commercial , indicating the intention of the Board of Commissioners that the parcel be used in a commercial manner In fact , a Special Use District for the shopping center in this location was approved in 2004 and amended in 2008 The need for a Special Use District for the parcel indicates that the Board would like to see the specifics of the planned development in advance of any approval , to ascertain that the needs of the community are met The plan provided with this application shows adherence with the County’s Land Development code through ? Landscaping to enhance the appearance of the development and to provide buffering for the adjacent residential uses along the abutting roadways , ? Appropriate setbacks and building heights , building heights are decreased from previous proposal , ? Storm water provisions to make sure the added development does not cause undue hardships to neighboring properties with regard to storm water runoff , ? Efficient internal circulation to provide safe pedestrian , bike and vehicular traffic throughout the site , ? Safe and efficient emergency access throughout the site , ? Efficient waste removal from all businesses , ? Appropriate external connections to abutting roadways that help ensure safe entry and exit from the site , ? Building design and siting developed to enhance the surrounding neighborhoods Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Commercial subdivision with retail , office , and other commercial uses Special Use Conditions 1 Permitted Uses Commercial subdivision with retail , office , and other commercial uses 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff shall be required for all lots 4 Submission of a unified sign plan for review and approval by the Planning and Zoning Department Staff shall be required prior to installation of any signage 5 Where applicable all driveways streets shall align with driveways streets on opposing sides of thoroughfares 6 Installation of a 30 ’ Class C Buffer with 150 of required plant material along the west and south property lines Cornwallis Rd & NC Hwy 42 Installation of a 15 ’ Class C Buffer with a 6 ’ solid wood fence and 100 of the required plant material along the north and east property lines 7 All access to outparcels shall be internal ; no driveways to the outparcels on either Cornwallis Rd or NC 42 Number of driveways shall be limited to one two on NC 42 and two on Cornwallis Rd the southernmost driveway on Cornwallis shall be a right - in only , and the western most driveway along NC 42 shall be right - in and right - out only All road improvements shall be done prior to the commencement of building construction 8 Height of buildings to be forty feet maximum 9 Lighting shall be dark sky and engineered so as to not shine onto adjacent residential properties Cutoff optics shall be utilized 10 Trash dumpsters may be emptied only during the hours of 7 00 am - 8 00 pm , Monday thru Friday 11 There shall be no billboards or cell towers constructed on this site 12 The existing landscape business located on site must be entirely removed and cleaned up prior to the issuance of the Special Use Permit 13 Must comply with all required NCDOT driveway permitting and all other required traffic improvements 14 The following uses shall be excluded from permissibility on this site a Building material supply , campgrounds , kennels , mini - storage facility , mobile home and RV sales , utilities facility , communication facility , and fast food restaurants 15 No fast - food restaurant drive - thru speakers shall be permitted to operate on the Austin Pond side of the building , for building lots adjacent to properties at Austin Pond Page4304 March 7 , 2011 – 6 00 pm Continued 16 Developer shall make every effort to build a walkway sidewalk along Cornwallis Road between the Cornwallis Commons development and entrance to Austin Pond Subdivision 17 All HVAC equipment shall be placed on the roof and screened so as to deflect noise away from the residents at Austin Pond Subdivision 18 A drug store pharmacy and convenience store are the only types of business that will be permitted to operate 24 hours a day 19 The buffer between the Cornwallis Commons development and Austin Pond Subdivision shall consist of a 6 ’ solid wood fence and natural plantings Planning Department staff shall provide a final approval for the buffer 20 No outdoor live bands or music shall be allowed without prior approval from the County 21 The perimeter landscaping and fencing shall be covered in a maintenance agreement 22 A blanket cross access easement shall cover the property Changes are listed in bold print Deletions have been struck - through Mr Gray noted that the case came before the Board in March of 2010 He stated the property was zoned General Business in 1996 and in 2004 an applicant came forward with plans to develop a commercial shopping center which required a rezoning of General Business – Special Use District Mr Gray stated since 2004 , there have been several changes to the master plan which went from a grocery store based shopping center to an individual parcel based shopping center Mr Gray reported that in March 2010 , the Board of Commissioners denied the request by the applicant for a 24 hour convenience store operation The applicant is again requesting a 24 hour convenience store operation He noted that a convenience store is presently allowed as a use on the property ; however , the Board’s approval is required for the convenience store to operate 24 hours a day At the inquiry of Chairman Allen L Mims , Jr , Mr Gray reported that there has not been a new Traffic Impact Analysis since the 2004 rezoning Mr Gray also explained that the proposed development on the subject site would be served by sewer service ; however , he was unaware of sewer service being extended into the Austin Pond Subdivision Applicant Tony Tate , Tate Landscape Architecture , PA , representing Cornwallis NC CPDC , LLC , stated that they are requesting a 24 hour convenience store to be allowed on the subject site Mr Tate reported that all of the other special use conditions previously associated with the development are still planned He stated that regarding sewer service , the proposed development will be served by sewer and they are required to extend the sewer service across NC Hwy 42 so that the store located directly to the east will have sewer service as well He stated they have been working with the County on the location of the sewer line as it leaves the subject site running down through a portion of Austin Pond Subdivision to connect to a pump station Mr Tate stated some easement acquisition will be required and they are aware that some of the septic systems in the area are failing and those properties would have an opportunity to connect to or extend the service further if they so choose Mr Tate asked the Board to approve the request and offered to answer any questions Maria Lusk , 114 St Jiles Drive , Austin Pond Subdivision stated that since 2004 , Austin Pond has tried to be involved in the planning process for the subject site She referenced a letter addressed to the Board dated March 2 , 2011 from “ The Neighbors of Austin Pond ” Ms Lusk stated that since 2004 , Austin Pond has always supported some sort of development on the subject site and they realize that development is an important part of the growth of the Clayton and Cleveland communities ; however , Austin Pond Subdivision wishes to protect themselves as well She stated that in 2004 , the residents of Austin Pond came forward and asked for some of the items in the special use conditions such as height limitations , lighting limitations , etc Ms Lusk stated that one item the residents of the Austin Pond Subdivision have always been consistent about is their opposition to anything that proposed to operate 24 hours a day She stated that in 2008 , Austin Pond Subdivision , because of the medical facility located nearby , supported a 24 hour pharmacy because they felt the use fit with the character of how the neighborhood was growing ; however , she stated that now , a 24 hour convenience store is being proposed which the subdivision residents do not feel fits within the community Ms Lusk reported that there are already eight convenience stores within a 2 mile radius of the area and a 24 hour store already exists across the street She stated the plans are constantly changing and Austin Pond Subdivision is trying to protect their investment , community , children , and their livelihood Ms Lusk also expressed concerns over traffic issues and how the growth could impact current conditions in the area Chairman Mims stated that a convenience store is already a permitted use ; however , he noted the question is can the convenience store operate 24 hours a day Ms Lusk confirmed that she understood a convenience store is allowed , and she questioned if the Board denies the 24 hour convenience store , then would the store be allowed to operate 23 ½ hours a day Ms Lusk stated they need to determine exactly what the business will be Page5305 March 7 , 2011 – 6 00 pm Continued Chairman Mims asked Ms Lusk if she had been contacted regarding the need for a sewer easement across her property Ms Lusk reported she has not been contacted regarding the need for a sewer easement on her property She stated that in past conversations , the issue of sewer has been discussed She explained that Austin Pond is served by septic systems and she questioned if sewer is extended to the surrounding property , would the residents in Austin Pond be required to tie into the sewer system Ms Lusk expressed her concerns with possible environmental impacts to the area She stated that Austin Pond does not want to stop development ; however , they would like for the development to be constructed in a smart manner Mr Gray stated the Planning Board recommended approval of the modification He also noted that in response to the Board’s concerns from 2010 , the applicant has submitted a detailed site plan which is included in the agenda packet Commissioner Jeffrey P Carver asked if the use of a 24 hour convenience store was previously allowed in 2004 when the site was rezoned to General Business – Special Use District Mr Gray stated a grocery store shopping center with outparcels and a convenience store were specific uses mentioned in 2004 when the site was rezoned General Business – Special Use District Mr Gray noted that until the 24 hour drug store use was proposed , there had not been any other discussions regarding 24 hour uses on the site ; however , no set hours of operation were set for the other uses Mr Gray stated that when the request was modified in 2008 , the grocery store use was eliminated in lieu of a more commercial type center Commissioner Carver noted that last year when the Board denied the request , it did not have a proper site plan and there were concerns over how much the development plans had changed over the years as well as the access points Commissioner DeVan Barbour stated the site plan that the Board reviewed in 2010 did not indicate exactly where the convenience store would be located on the property Upon a question by Commissioner Tony Braswell , Mr Gray explained that all of the proposed entrances on the subject site off of NC Hwy 42 and Cornwallis Road are the same as originally proposed in 2010 except there is now a right - in right - out access point on NC Hwy 42 middle - way of the subject site Mr Gray noted that the Department of Transportation has looked at the entrances and has no conflicts with the site plan Mr Gray clarified that the two entrances located furtherest from the intersection of NC Hwy 42 and Cornwallis Road are both full service entrances Commissioner Wade M Stewart asked had the applicant reviewed the proposed special use conditions Mr Gray confirmed that the applicant was aware and approves of the proposed special use conditions Chairman Mims referenced proposed special condition # 15 that does not allow fast food restaurants with speakers to be located on the side of the development facing Austin Pond Subdivision He noted that some gas stations and fast food restaurants have speakers that play music and he asked if the matter was discussed at the Planning Board meeting Mr Gray responded that the issue was discussed at the Planning Board meeting ; however , no further limitations were placed in the special use conditions Chairman Mims noted that the County does have a noise ordinance in place that would address any issues There being no further comments , the Chairman closed the Special Use Hearing for Case 07 - 30 Decision on Special Use Case 07 - 30 Case 07 - 30 A request to modify the Special Use Permit as follows A commercial subdivision with office , retail , daycare , and other commercial uses Parcel is located at the northeast intersection of Cornwallis Road SR 1525 and NC Hwy 42 W in Cleveland Township Tax ID 05F02021J Owner Cornwallis NC CPDC , LLC Applicant Tony M Tate Landscape Architecture , PAPage6306 March 7 , 2011 – 6 00 pm Continued Based on the findings of facts and the special use conditions , Commissioner Wade M Stewart moved the Board approve the modification to the special use permit for Case 07 - 30 to allow for a commercial subdivision with office , retail , daycare , and other commercial uses on a parcel located at the northeast intersection of Cornwallis Road and NC Hwy 42 W in Cleveland Township Commissioner Cookie Pope 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 Commercial subdivision with retail , office , and other commercial uses 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff shall be required for all lots 4 Submission of a unified sign plan for review and approval by the Planning and Zoning Department Staff shall be required prior to installation of any signage 5 Where applicable all driveways streets shall align with driveways streets on opposing sides of thoroughfares 6 Installation of a 30 ’ Class C Buffer with 150 of required plant material along the west and south property lines Cornwallis Rd & NC Hwy 42 Installation of a 15 ’ Class C Buffer with a 6 ’ solid wood fence and 100 of the required plant material along the north and east property lines 7 All access to outparcels shall be internal ; no driveways to the outparcels on either Cornwallis Rd or NC 42 Number of driveways shall be limited to two on NC 42 and two on Cornwallis Rd the southernmost driveway on Cornwallis shall be a right - in only , and the western most driveway along NC 42 shall be right - in and right - out only All road improvements shall be done prior to the commencement of building construction 8 Height of buildings to be forty feet maximum 9 Lighting shall be dark sky and engineered so as to not shine onto adjacent residential properties Cutoff optics shall be utilized 10 Trash dumpsters may be emptied only during the hours of 7 00 am - 8 00 pm , Monday thru Friday 11 There shall be no billboards or cell towers constructed on this site 12 The existing landscape business located on site must be entirely removed and cleaned up prior to the issuance of the Special Use Permit 13 Must comply with all required NCDOT driveway permitting and all other required traffic improvements 14 The following uses shall be excluded from permissibility on this site a Building material supply , campgrounds , kennels , mini - storage facility , mobile home and RV sales , utilities facility , and communication facility 15 No fast - food restaurant drive - thru speakers shall be permitted to operate on the Austin Pond side of the building , for building lots adjacent to properties at Austin Pond 16 Developer shall make every effort to build a walkway sidewalk along Cornwallis Road between the Cornwallis Commons development and entrance to Austin Pond Subdivision 17 All HVAC equipment shall be screened so as to deflect noise away from the residents at Austin Pond Subdivision 18 A drug store pharmacy and convenience store are the only types of business that will be permitted to operate 24 hours a day 19 The buffer between the Cornwallis Commons development and Austin Pond Subdivision shall consist of a 6 ’ solid wood fence and natural plantings Planning Department staff shall provide a final approval for the buffer 20 No outdoor live bands or music shall be allowed without prior approval from the County 21 The perimeter landscaping and fencing shall be covered in a maintenance agreement 22 A blanket cross access easement shall cover the property 5 Public Hearing – Proposed Ordinance Amendments – Firearms & Noise Ordinance Advertised – In The Smithfield Herald – February 23 and March 2 , 2011 Chairman Allen L Mims , Jr opened the public hearing Chairman Mims explained that he established a workgroup composed of Commissioners , staff , and citizens to review the proposed ordinance Chairman Mims listed the workgroup members , following , and he thanked everyone for their work Chairman Allen L Mims , Jr Jake McAllister Vice Chairman Jeffrey P Carver Stephen Reeves Captain Buck Pipkin , JCSO Todd Blackburn County Manager Rick Hester John Reid Planning Director Berry Gray Mike Stancil Jeff Lawrence Planning Director Berry Gray briefly reviewed the draft ordinance and spoke on the exceptions proposed to the ordinance Mr Gray clarified that the proposed ordinance would not apply to properties inside city limits and he noted that most municipalities already restrict the discharge of firearms within their limits Mr Gray pointed out that the proposed ordinance does not restrict the use of bow and arrows , pellet guns , andPage7307 March 7 , 2011 – 6 00 pm Continued BB guns The proposed ordinance no longer states that an individual has to be a certain distance from a structure as was originally proposed The proposed ordinance does not prohibit an individual from shooting in their backyard as long as they practice shooting in a safe manner and the bullet does not cross someone else’s property without their permission and so long as it is not within the time frame of 2 hours after sunset or one hour before sunrise The proposed ordinance does not regulate the number of guns an individual can have , own , or carry , nor does it restrict any type of legal hunting activity The proposed ordinance does not prohibit individuals from defending themselves or killing dangerous animals Finally , the proposed ordinance does not prohibit drinking alcohol as long as shooting is not done under the influence Chairman Mims reported that he had received a request for training facilities that provide firearms proficiency training and certification to be included in the exceptions , not only for law enforcement , but for training operations that would include private security agencies , bank security and similar legitimate type businesses that require this type of certification Chairman Mims asked the County Attorney to share a proposed addition to the exceptions regarding this training County Attorney David Mills reported that he had drafted the following language to be added to the exception regarding the timing regulation which is two hours after sunset until one hour before sunrise “ a bonafide training facility acting in the course of providing firearms proficiency training and certification to law enforcement agencies , private security agencies , employers of armored - car personnel eg Brinks , Loomis , and similar companies , and similar legitimate businesses that require such certification A “ bonafide training facility ” is one that is properly authorized to provide such training and certification to North Carolina or federal law enforcement agencies ” Mr Mills offered to answer any questions At the inquiry of Chairman Mims , Mr Mills reported the exception would be included in the firearms ordinance as well as the noise ordinance Chairman Mims stated the reason for including the exceptions in both the firearms and the noise ordinances is so the exceptions can be found easily by referencing them in both places Mr Mills stated that he has reviewed the proposed ordinance and , based on his understanding of the workgroup’s intentions , he would suggest rewording the exceptions to clarify that the exceptions only apply to the time restriction and not the ordinance as a whole Mr Mills stated that the way the proposed ordinance currently reads , the exceptions apply to the firearms ordinance as a whole not just the time limits Mr Mills stated clarification is needed of what the intentions of this section were so that the exceptions can be properly worded in the ordinance Kenneth Taylor , 1755 Gordon Road , Clayton , recommended the Board include an exception to the noise ordinance for ceremonial services such as an honor guard in a military funeral Mr Taylor expressed concerns with the language of the proposed ordinance Mr Taylor stated some of the exceptions apply to the firearms ordinance while other exceptions apply only to the noise ordinance Mr Taylor noted that by co - mingling the two ordinances , it provides for confusion and he suggested the ordinance be clarified Stephanie Johnson Raynor , 380 Railroad Road , Benson , discussed a hunting accident that killed her husband last year She stated the shooter was charged with heedless and careless discharge of a firearm Ms Raynor stated gun owners need to be mindful of their responsibilities Ms Raynor further stated that owning a firearm is a privilege as much as it is a right Ms Raynor asked the Board to please keep safety in mind as they review and make a decision on the proposed firearms ordinance Brian Lackey , 62 Paula Drive , Angier , stated he feels there will be problems with enforcement of the ordinance Mr Lackey expressed concerns regarding the determination of whether or not a projectile crosses a property line Mr Lackey noted possible safety hazards for deputies , specifically noting his concerns with deputies determining the sobriety of an individual that is armed Mr Lackey further expressed discern with the penalties section of the proposed ordinance stating the common law already has remedies to address the discharge of firearms Jeff Lawrence , 4681 Hwy 301 S , Four Oaks , member of the workgroup stated that the workgroup intended for the exceptions to be to the entire ordinance and not just the time limits of the ordinance He stated if an individual is defending their property and they have consumed alcohol then they should be exempt If an individual is defending their property and the projectile travels across the neighboring property line , then they should be exempt from the ordinance because they are acting within the exceptions Mr Lawrence stated there is no way to word something to be perfect 100 of the time ; however , the intent of the exceptions were to be strictly exempt from the entire ordinance Mr Lawrence further stated that the proposed ordinance is the resultPage8308 March 7 , 2011 – 6 00 pm Continued of the rule of minority He stated that he is aware that the Sheriff’s Department over the last several years has had approximately 500 complaints of shots fired per year which includes everything from shots fired , trucks backfiring , legal hunting , to illegal shooting activities He stated the 500 complaints per year represents 02 of the County’s total population that is subject to change the laws for all law abiding citizens in the County Mr Lawrence reiterated that the exceptions were intended to apply to the entire ordinance Jim Rockwell , 387 Braswell Road , Smithfield , referenced the estimate made by Mr Lawrence in the previous statement that the Sheriff’s Department receives 500 complaints per year and he noted that the number of individuals complaining is much smaller than that because many of the complaints are made by the same complainant Mr Rockwell expressed his concerns with the time limit and penalties section of the proposed ordinance and requested the Board not adopt the proposed ordinance Lisa Toole , 1144 Browns Dairy Road , Selma , informed the Board of an outdoor shooting range adjacent to her and her neighbors She stated they have called the Sheriff’s Department numerous times and reported that they have found projectiles in their yards and homes and she noted that it is a real problem for them Ms Toole stated she is not arguing the Second Amendment noting that her husband owns guns ; however , she stated that her and her neighbors do not feel safe in their community Ms Toole explained that in 2009 her neighbor installed a shooting range with a berm that she feels is unsafe She noted the berm is a dirt pile that has been weatherized and its condition is not monitored Ms Toole stated that she does not feel safe going in her yard and that her and her neighbors cannot entertain due to the shooting that is taking place at the shooting range Ms Toole also noted concerns that the livestock and farmers nearby may be harmed from the shooting Ms Toole stated a Cease and Desist order was put into place in October 2010 so that only immediate family members of the property owner would be allowed to shoot on the property However , Ms Toole stated that just over the past weekend , three individuals were shooting on the property and one of them pointed a gun towards her before turning and firing towards the target Ms Toole reiterated that her neighbors and she do not feel secure in their own community Ms Toole stated she is thankful for her husband to be allowed to own his guns and protect their home ; however , she wants everyone to be safe Ms Toole also expressed her appreciation to the Sheriff’s Department for their work Rodney Toole , 1144 Browns Dairy Road , Selma husband of Lisa Toole , stated he was born and raised in Johnston County and he loves to shoot his guns as much as anyone Mr Toole stated he hunts and target shoots ; however , he has never shot in the proximity of anyone’s house or dwelling Mr Toole stated he does not hunt around his home because there are too many neighbors Mr Toole stated his original concern with the proposed ordinance was about hunting but he thanked the Board for addressing all legal hunting activities in the exceptions Mr Toole stated he believes in the Second Amendment ; however , he stated the manner in which some people use firearms is careless and ; therefore , there needs to be guidelines to account for such carelessness Mr Toole spoke on the shooting range beside his home and how it has impacted his family and his neighbors Mr Toole stated he is not against hunting or shooting ; however , he stated it is the carelessness of a few people that has caused the need for such guidelines Upon a question by Commissioner Wade M Stewart , Mr Toole reported the shooting range in question is approximately 600 yards from his property and at times the gunshots have shook the windows in his house Commissioner Stewart noted that his son and he worked on race cars as well as ride motorcycles However , out of courtesy for his neighbors , Commissioner Stewart stated they only work on the cars when the neighbors are not at home and noted that there have been times when he would push his motorcycle out of the yard and down the road before starting it because of the noise Commissioner Stewart reiterated that his actions are out of courtesy for his neighbors Junior Sasser , 430 Pollock Road , Kenly , stated that individuals such as those that Mr Toole mentioned previously should be penalized individually instead of punishing everyone by adopting the proposed ordinance Mr Sasser informed the Board that he shoots behind his house and has installed a “ bullet catch ” for protection so that bullets do not cross his property line Mr Sasser stated that he feels it is unfair to pass an ordinance on everyone Mr Sasser stated he cannot afford to travel to a proper shooting range and there is not a County provided one Therefore , Mr Sasser expressed his opposition to the ordinance noting that he and others like him have provided a proper berm or “ bullet catch ” and they have never had any complaints from anyone Phil Jones , 120 Kentucky Derby Drive , Clayton , referenced earlier comments by Mr Toole and stated he has experienced the same in his neighborhood on a weekly basis Mr Jones noted that his family and he do not feel safe in their backyard and he has called the Sheriff’s Department in order to protect his family Mr Jones stated that the County needs an ordinance and his personal opinion is that guns should not be fired at all in residential areas Page9309 March 7 , 2011 – 6 00 pm Continued John Williams , no address , stated that he is retired from the military and was wounded in Iraq Mr Williams reported that when he returned home from Iraq , the sound of gunfire also disturbed him ; therefore , he can sympathize with those that are afraid Mr Williams expressed his concerns with the time frame portion of the proposed ordinance Mr Williams explained that he would like to teach his children how to shoot safely at night and prepare them to be combat leaders Mr Williams stated just because someone hears gunfire does not mean there is a safety issue and he feels that another law is not needed Loomis Woodard , Clayton , stated that his neighbor has called the Sheriff’s Department on him twice because he was shooting in his backyard and he has since stopped shooting on his property because of this reason which has put a hardship on him Mr Woodard stated it appears to him that the proposed ordinance originated from a few specific problems and the proposed ordinance would punish everyone Mr Woodard stated he would like to see the County or perhaps the NRA install proper shooting ranges Mr Woodard asked the Board to consider who the proposed ordinance would affect before adopting it Paul Iadonisi , 140 Boone Trail , Garner , stated he has spoken out against the ordinance through e - mails and at the workgroup meetings Mr Iadonisi stated that he does not have a problem making law enforcement’s job easier so long as it does not impact the Bill of Rights Mr Iadonisi asked if the issue involves noise , why guns were being treated specially He stated Johnston County is rural and there is a strong tradition of shooting Mr Iadonisi shared statistical data with the Board that he had gathered from the North Carolina State Center for Health Statistics Mr Iadonisi stated according to his research , firearms are a minor threat in Johnston County and he questioned the need for the proposed ordinance Kenneth Browning , 679 Grabtown Road , Smithfield , spoke in opposition to the proposed ordinance Mr Browning expressed concerns with the language in the proposed ordinance regarding alcohol consumption as well as the penalties section Jessie Taylor , 566 Uzzle’s Pond Road , Wilson’s Mills , stated that she enjoys hunting , fishing , and target shooting Ms Taylor reported that she previously practiced target shooting on her grandfather’s property and one of the first things she learned was firearms safety and to be aware of your target as well as what is beyond the target Ms Taylor stated she is not against an ordinance ; however , she has concerns with regards to how the proposed ordinance is presently worded Ms Taylor stated there are already gun laws in place and those laws should be enforced rather than adding new rules Robert Lai , 104 Solomon Circle , Four Oaks , stated he is a gun owner and has lived in Johnston County for six years Mr Lai stated he can live with some of the proposed ordinance language and he was glad to see the changes that had been made in the latest version versus the originally proposed ordinance Mr Lai stated he is still concerned with some of the language in the noise ordinance amendments Mr Lai noted that some people are chronic complainers and he inquired as to what types of penalties would be placed on chronic complainers when the individual being complained about is within their rights and compliant with the rules Mike McDaniel , 200 Pond Avenue , Clayton , stated he realized that the originally proposed 600 ft distance has been removed ; however , he asked if there was an elevation rule for high powered rifles Chairman Mims stated the workgroup found that the two biggest concerns were projectiles leaving the property from which they were fired and the other was noise issues ; therefore , the workgroup tried to address those two issues Chairman Mims stated it is better if the projectiles do not leave the property Herbert Rosser , 2909 Bethlehem Road , Raleigh , stated that although he lives in Wake County , his ancestors are from Johnston County Mr Rosser stated he wished to speak on behalf of his daughter , Martha Ann Rosser , and her family regarding an incident that happened at her home in September 2003 whereupon a bullet came across their property , through their screened porch , into her home and beside her legs Mr Rosser submitted a copy of the Incident Investigation Report dated September 7 , 2003 to the Board for their review Mr Rosser stated that in 2004 , there was not any kind of ordinance in place that addressed this type of incident and he expressed his appreciation to the Board of Commissioners for their hard and thankless work in trying to put something together that would satisfy the gun rights as well as the safety of all the citizens of the County Mr Rosser noted that everyone should be safe in their home from all elements Further , Mr Rosser stated the ordinance can always be fine - tuned ; however , it must start somewhere Mr Rosser stated he does not wish to infringe on someone’s rights ; however , he asked everyone to use common sense and consider their neighbor Mr Rosser noted that when an individual takes a weapon and endangers other people lives , there should be a severe penalty Mr Rosser stated the Sheriff’s Office needs a tool to work with to ensure that citizens of the County are safe in their homes Mr Rosser stated he appreciated the work by the Commissioners Page0310 March 7 , 2011 – 6 00 pm Continued Michael McKinney , 109 Pebble Drive , Clayton , stated he is opposed to any additional regulations on the use of firearms Mr McKinney stated he chose to move into a rural part of Johnston County in order to take advantage of his rights to possess and use firearms He noted that since firearms were invented , concerned citizens groups have made attempts to regulate the purchase and use of firearms Mr McKinney stated that although there are persuasive arguments from both sides and he admires the workgroup for trying to come up with something that would satisfy both sides , he is opposed to any further regulation of firearms He also noted that those individuals that are causing the problems should be addressed as individuals and not through an ordinance Ed Price , 2040 Packing Plant Road , Smithfield , stated that he target shoots and hunts in his yard and to his knowledge , he has not had any complaints , noting that he has a “ bullet stop ” installed for protection Mr Price stated he believes that the real issue is responsibility Mr Price stated he would prefer not to have any kind of ordinance ; however , if an ordinance is adopted , he could live with what is presently proposed Mr Price stated he would encourage the Board to address the specific problems on an individual basis rather than passing an ordinance that affects everyone Chairman Mims noted that the purpose of the proposed ordinance was to put something in place that would allow the Sheriff’s Department to address the individual problems Dan Jones , 3595 NC 96 North , Selma , stated he has lived in Johnston County all his life and he is an avid hunter Mr Jones asked the Board to consider the application of the hunter’s safety course for younger kids to show them what bullets can do Mr Jones expressed his concerns with how the proposed ordinance may impact hunting Grant Cunningham , Raleigh , asked what are the specific issues that are not being currently addressed by North Carolina General Statutes Chairman Mims responded that the workgroup learned that currently the law does not address the careless reckless endangerment of an occupied dwelling with a firearm ; rather , the law states it must be wantonly and willfully discharged into an occupied dwelling Chairman Mims noted that the majority of the problems being directed towards the Sheriff’s Department deal with careless reckless behavior There being no further comments , the Chairman closed the public hearing Commissioner DeVan Barbour asked for the exceptions to be addressed , noting comments by the County Attorney as to whether the exceptions pertained to the entire ordinance or just to the time frame Chairman Allen L Mims , Jr stated that , according to comments by Jeff Lawrence , the workgroup felt the exceptions should pertain to the entire ordinance Commissioner Barbour agreed that the exceptions should pertain to the ordinance in general and not just to the time frame portion of the ordinance Upon a question by Commissioner Tony Braswell , Chairman Mims stated the ordinance would be complaint driven Commissioner Wade M Stewart moved the Board approve the following ordinance for Section 16 - 3 – Discharge of Firearms as well as the amendment to Section 12 - 32 – Loud and Disturbing Noise with the addition of the exception for bonafide training facilities and that the miscellaneous exceptions are to pertain to the entire ordinance Commissioner Cookie Pope seconded the motion which carried by unanimous vote Section 16 - 3 Discharge of Firearms a The provisions of this ordinance shall apply to all properties located outside of any municipal limits ; extraterritorial jurisdictions ETJs are not considered to be part of any municipal limit b For purposes of this Section , Firearm is defined as a handgun , shotgun , rifle , or any device which expels a projectile by action of an explosion c It shall be unlawful for any person to 1 discharge a firearm in the county carelessly and heedlessly , so as to endanger any person or property , 2 discharge a firearm that results in a projectile crossing the property line of another personPage1311 March 7 , 2011 – 6 00 pm Continued without the permission of the owner , or 3 discharge a firearm while under the influence of alcohol or a controlled substance under the influence determination by the investigating officer that the person is intoxicated by alcohol or a narcotic to the point where physical and mental faculties are appreciably diminished d It shall be unlawful for any person to discharge any firearm on , from , or across the traveled portion of any public street or highway e The discharge of firearms from two hours after sunset to one hour before sunrise is prohibited by Article II , Section 12 - 32 6 of the Johnston County Code of Ordinances f Miscellaneous exceptions The following exceptions are permissible under this Section 1 law enforcement officers or members of the armed forces acting in the line of duty ; 2 the shooting or killing of any dangerous or destructive animal or reptile when necessary to protect life or property ; 3 all legal hunting activities , pursuant to NC Department of Agriculture , NC Wildlife Commission and GS Chapter 113 , Subchapter IV , as it is from time to time amended , or pursuant to lawfully issued state or federal hunting or wildlife removal permits ; 4 the use of firearms for defense of persons or property , as allowed under state Law ; 5 nonprofit special events such as turkey shoots with a valid local county permit ; 6 indoor firing shooting ranges ; and 7 a bonafide training facility acting in the course of providing firearms proficiency training and certification to law enforcement agencies , private security agencies , employers of armored - car personnel eg Brinks , Loomis , and similar companies , and similar legitimate businesses that require such certification A “ bonafide training facility ” is one that is properly authorized to provide such training and certification to North Carolina or federal law enforcement agencies g Penalties A violation of this article by any person is a misdemeanor and shall subject the offender to a fine of 10000 and or imprisonment for up to 30 days A second or subsequent violation by the same person within one year shall subject such person to a fine of up to 30000 but not less than 10000 and or imprisonment for up to 30 days Sec 12 - 32 Loud and disturbing noise a Subject to the provisions of this article , the creation of any unreasonable loud and disturbing noise in the county is prohibited and unlawful Noise of such character , intensity and duration as to be detrimental to the health , safety or welfare of any individual is prohibited b The following acts , among others , are declared to be loud and disturbing noises in violation of this article , but such enumeration shall not be deemed to be exclusive 1 The use of any loud , boisterous or raucous language or shouting so as to annoy or disturb the quiet , comfort or repose of persons in the vicinity 2 The sounding of any horn or signal device on any automobile , motorcycle , bus or other vehicle , except as a danger signal or as required by law , so as to create any unreasonable loud or harsh sound ; or the sounding of such device for an unreasonable period of time 3 The playing of any radio , television set , record player , musical instrument or sound - producing or sound - amplifying device in such manner or with such volume , particularly , but not limited to , the hours between 11 00 pm and 7 00 am , as to annoy or disturb the quiet , comfort or repose of persons of normal sensibilities in any dwelling