April 4, 2011 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 348 Meeting of the Johnston County Board of Commissioners April 4 , 2011 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , April 4 , 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 , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent Jeffrey P Carver , Vice Chairman 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 Jeffrey P Carver , stating that Commissioner Carver was traveling to visit with his son who is leaving for an overseas military deployment later in the evening Announcement Regarding Rezoning Case 11 - 03 Chairman Allen L Mims , Jr announced that Case 11 - 03 had been withdrawn by the applicant and would not be heard 1 Public Comments None 2 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – March 23 and 30 , 2011 Certified letters were mailed to adjoining property owners on March 21 , 2011 Notices were posted at the locations on February 1 , 2011 for Cases 10 - 21 , 10 - 29 , 11 - 01 , and 11 - 02 The Chairman opened the Rezoning Hearing for Case 10 - 21 Case 10 - 21 Petition to rezone 2 tracts totaling 343 acres located at 7910 Cleveland Road in Cleveland Township from Agricultural Residential AR to Community Business – Special Use District CB - SUD Tax ID 06F04004E and 06F04004H Owner KAD , Incorporated Applicant True Line Surveying Planning Director Berry Gray stated the petition is to rezone two tracts totaling 343 acres located at 7910 Cleveland Road in Cleveland 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 and auto repair The surrounding land uses are zoned Agricultural Residential and used for agricultural residential purposes which includes churches and Polenta Elementary School ; Community Business – Special Use District and used for a coffee shop and book store located within C3 Church ; Community Business – Special Use District and used for small engine repair and tool rental ; and General Business – Special Use District and used for mini storage The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Owner Gary Bunn of KAD , Incorporated , 1025 Ridge Drive , Clayton , asked the Board to approve the request Mr Bunn described the property for the Board , noting the locations of trees , bushes , and existing structures Kevin Bunn son of Gary Bunn , KAD , Incorporated , 214 Dory Lane , Clayton , stated they are requesting the rezoning in an effort to generate business and avoid bankruptcy Mr Bunn explained that they are asking for the various proposed uses to accommodate tenant changes on the property without having to come back before the Board each time Mr Bunn reported he believed the range of proposed uses would work well on the site Page349 April 4 , 2011 – 6 00 pm Continued Chairman Allen L Mims , Jr asked if there was a need for the proposed uses in the area Kevin Bunn stated that he believed there was a need for the proposed uses in the area Commissioner Wade M Stewart inquired about the mobile home on the property as well as the garage Kevin Bunn reported the mobile home is rented out Commissioner DeVan Barbour stated the existing garage is currently operating as a nonconforming use Robert Orchard , 50 Josephine Road , informed the Board that he lives just north of the subject site Mr Orchard stated he has lived on his property for five years and he added that there appears to be no real plan or direction for the subject site He expressed concerns regarding traffic congestion , school buses , truck traffic impacting the area , and the driveway that trucks would be utilizing to enter the subject property Mr Orchard also noted his concerns of possible environmental impacts that could be associated with an auto repair business , noting he has witnessed wrecked vehicles leaking antifreeze and other fluids on the property He stated that the current operation is a nonconforming use and he does not see the need to turn a piece of property located across the street from a school to a commercial use Mr Orchard stated there are at least five other commercial properties for sale in the area that have been vacant for over a year and he asked the Board to consider a better plan for the subject site Mr Orchard reported he believed that over the last two years there have been over a dozen tenants on the property that have not properly maintained the site which concerns him because he takes pride in his property Gary Bunn stated that there have been only three tenants in the garage on the property since KAD Incorporated purchased the site approximately four years ago Mr Bunn stated they have not changed anything in the garage and the use has always been commercial , even with the previous owner At the inquiry of Chairman Mims , Mr Gray reported the existing operation on the site is not a grandfathered use He explained that there has been a commercial operation on the site in violation for several years and noted the previous owner was also in violation Mr Gray stated staff has issued several violations over the years Mr Gray reported the request was initially for a straight rezoning ; however , staff and the Planning Board recommended a special use approval Commissioner Stewart asked why the owner wished to rezone the entire property and not just the area where the garage is located Mr Gray explained that the owner is taking into consideration the future potential use of the property , hence the request to rezone the entire site There being no further comments , the Chairman recessed the Rezoning Hearing for Case 10 - 21 Decision on Rezoning Case 10 - 21 Case 10 - 21 Petition to rezone 2 tracts totaling 343 acres located at 7910 Cleveland Road in Cleveland Township from Agricultural Residential AR to Community Business – Special Use District CB - SUD Tax ID 06F04004E and 06F04004H Owner KAD , Incorporated Applicant True Line Surveying Commissioner DeVan Barbour moved the Board approve rezoning case 10 - 21 to rezone two tracts totaling 343 acres located at 7910 Cleveland Road in Cleveland Township from Agricultural Residential to Community Business – Special Use District Commissioner Cookie Pope seconded the motion , which carried by the following vote Ayes Commissioners Allen L Mims , Jr , Wade M Stewart , Cookie Pope , W Ray Woodall , and DeVan Barbour Nays Commissioner Tony Braswell The Chairman opened the Special Use Hearing for Case 10 - 21 Page350 April 4 , 2011 – 6 00 pm Continued Case 10 - 21 To allow for automotive repair service tire sales , automotive detailing carwash , barber beauty shop , business office retail , daycare , landscaping nursery supplies , place of worship , seasonal sales pumpkins , Christmas trees , etc Owner KAD , Incorporated Applicant True Line Surveying Those wishing to speak on Special Use Case 10 - 21 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 repair service tire sales , automotive detailing carwash , barber beauty shop , business office retail , daycare , landscaping nursery supplies , place of worship , and seasonal sales pumpkins , Christmas trees , etc Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 10 - 21 on September 10 , 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 February 15 , 2011 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 10 - 21 and made the following recommendations Upon a motion by Mr Edwards , seconded by Mr Delaine , and carried by a unanimous vote of 8 - 0 , the Planning Board recommended approval of Rezoning for Case 10 - 21 Upon a motion by Mr Browder to recommend approval of the Special Use Conditions , with the addition of seasonal sales outside of school hours and removal of retail , daycare and landscaping supplies , seconded by Mr Gathers , and carried by a unanimous vote of 8 - 0 , the Planning Board recommended approval of the Special Use for Case 10 - 21 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 development is located near a well travelled intersection for traffic circulation The design and proposed operation is currently built and occupied 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 No further land disturbance or new construction is currently being planned The current building will be all that is used until a new plan is submitted Staff The proposed shall comply with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The building is of long standing and provides trade services to the community Staff Regular hours of operation will be maintained This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Being rezoned to CB will conform to the development trends in the county by providing commercial property on prominent intersections and not in residential planned areas Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Automotive repair service tire sales , automotive detailing carwash , barber beauty shop , business office retail , daycare , landscaping nursery supplies , place of worship Special Use Conditions 1 Permitted Uses Automotive repair service tire sales , automotive detailing carwash , barber beauty shop , business office retail , daycare , landscaping nursery supplies , place of worship , seasonal sales pumpkins , Christmas trees , etc Page351 April 4 , 2011 – 6 00 pm Continued 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 6 30am till 11 00pm Monday – Sunday 7 Signage shall be in accordance with the signage code 8 Disposal of all petroleum’s , oils , and lubricants shall meet all local , state , and federal requirements 9 The parking area to the right of the existing business shall be an all weather surface Vehicles may not be parked in the road right - of - way 10 Shall be limited to the outdoor storage of 8 vehicles awaiting pickup or repair Storage area shall be located outside of the building setback 11 No junk or salvage vehicles allowed 12 Any outdoor storage shall be enclosed by an opaque fence 13 Shall comply with the use and intensity regulations as set forth in the Land Development Code for the Community Business District 14 Seasonal Sales shall not be allowed during School hours Note Items in bold or struck through were based on the recommendation of the Planning Board Mr Gray noted that the Planning Board discussed the possible impacts that the proposed uses could have on the neighboring properties as well as the school site and therefore , the Planning Board recommended the removal of “ retail , daycare , and landscaping nursery supplies ” from the proposed uses Mr Gray listed and reviewed each of the special use conditions with the Board Chairman Allen L Mims , Jr asked for more details on special condition # 14 regarding seasonal sales not being allowed during school hours Mr Gray stated the Planning Board did not recommend allowing seasonal sales during school hours due to possible traffic issues with parents and children traveling to and from the school Upon a question by Chairman Mims , Mr Gray stated the garage is not within the proper setbacks and if the Board approves the request , the Board would not be making the setback legal He explained that the situation is labeled a “ legal nonconforming situation ” , meaning that the situation was not created by the current owner and it was legal at one time ; however , the County has since adopted setback standards He stated that the setback violation does not have to be corrected at this time , but if a certain percentage of the structure were to burn or be replaced , then it would have to be rebuilt meeting the current setback standards Mr Gray stated if the owner wished to obtain a variance for the setback then they could appeal to the Board of Adjustment Commissioner Tony Braswell expressed concerns with the proposed hours of operation , if the property continues to operate as a garage Chairman Mims inquired as to where a potential daycare would be located on the property and what was planned for the existing garage Kevin Bunn son of Gary Bunn , KAD , Incorporated , 214 Dory Lane , Clayton , stated that if a daycare were to operate on the site , they envision putting the daycare on another section of the property instead of where the garage is currently located He stated they do not envision a daycare operation in the garage structure Mr Bunn stated that they hope their current tenant will remain in the garage At the inquiry of Commissioner Braswell , Mr Bunn stated that , once the economy rebounds in a few years , they envision the garage being torn down Mr Bunn stated they are requesting the various proposed uses to keep their options open to accommodate the needs of possible future tenants Commissioner Cookie Pope questioned the proposed hours of operation Mr Bunn stated he believed the Planning Board recommended the proposed hours of operation so as to avoid anything being open 24 hours a day Mr Bunn stated the proposed hours could be adjusted Commissioner Braswell stated he has reservations with allowing the garage to operate under the current proposed hours of operation Robert Orchard , 50 Josephine Road , questioned if the special conditions would apply to both tracts PagePage pageNumber5352 April 4 , 2011 – 6 00 pm Continued Chairman Mims confirmed that the special conditions would apply to both tracts of land and that each tract could have an independent business Mr Orchard reviewed and questioned the proposed special use conditions with the Planning Director and the Board Mr Orchard also expressed his concerns regarding the proposed hours of operation Upon questions by Mr Orchard on the proposed conditions , Mr Gray explained that the landscaping buffer would be applied to the property as a whole and the owner would not have to buffer from himself in between the two tracts Mr Gray stated if there is a natural runoff stream from the school traveling down the property then typically there would be a 50 ft buffer on either side of the stream Mr Gray stated staff would monitor the buffer requirement Mr Gray reported that staff checked the stream and it does appear to have a 50 ft buffer requirement in place Mr Gray stated the all - weather surface for the parking area would consist of gravel , pavement , or concrete so that a vehicle would not get stuck during rain events He reported that if there were automotive fluids leaking on the property causing contamination issues , then the County staff could notify the appropriate State agencies Commissioner DeVan Barbour stated that the current proposed permitted uses are automotive repair service tire sales , automotive detailing carwash and should not include body repair , junk , or salvage operations ; therefore , he did not know why a wrecked vehicle would even be dropped off at the subject site because body repair would not be a permitted use Commissioner Barbour stated a vehicle with a leaky gasket is different from a wrecked car with fluid leaking out of it Mr Orchard presented photographs to the Board of a wrecked vehicle that was dropped off on the subject site for repair He stated that the wrecked vehicle in the photograph is not the first vehicle that has been dropped off at the site for repair At the inquiry of Commissioner Barbour , Mr Orchard stated the vehicle in question was not on the site more than two days Chairman Mims noted that the special conditions would help to address such situations as presented by Mr Orchard Mr Orchard asked the Board to consider limiting parking on the site as well as designating assigned parking areas to avoid parking on the roadside Mr Gray reported staff would require individual site plans for each use on the property and they would review the parking situation to ensure adequate parking features are properly met Chairman Mims stated that some of the proposed uses are for a place of worship and seasonal sales and he asked how those operations could be accounted for in the hours of operation , specifically if certain operations should be allowed on Sundays Commissioner Braswell stated he did not have a problem modifying the hours to accommodate additional uses that may locate on the site in the future ; however , his current concern is the garage use There being no further comments , the Chairman recessed the Special Use Hearing for Case 10 - 21 Decision on Special Use Case 10 - 21 Case 10 - 21 To allow for automotive repair service tire sales , automotive detailing carwash , barber beauty shop , business office retail , daycare , landscaping nursery supplies , place of worship , seasonal sales pumpkins , Christmas trees , etc Owner KAD , Incorporated Applicant True Line Surveying Motion Based on the findings of facts and revised special use conditions with revisions to the hours of operation from 7 00 am until 8 00 pm Monday through Saturday , and the deletion of special condition # 14 regarding seasonal sales , Commissioner Tony Braswell moved the Board authorize the Planning Department to issue a special use permit for Case 10 - 21 to allow for automotive repair service tire sales , automotive detailing carwash , barber beauty shop , business office , place of worship , and seasonal sales pumpkins , Christmas trees , etc onPagePage pageNumber6353 April 4 , 2011 – 6 00 pm Continued two tracts totaling 343 acres located at 7910 Cleveland Road in Cleveland Township Commissioner Cookie Pope seconded the motion Discussion and Amendment to Motion Following discussion , Commissioner DeVan Barbour asked if Commissioner Braswell would be willing to amend his motion to allow seasonal sales on Sundays Chairman Allen L Mims , Jr asked about the proposed use for a place of worship Commissioner Tony Braswell indicated that he had no issues with seasonal sales or place of worship uses on Sundays ; however , he does not want the garage to operate seven days a week Chairman Mims stated the special conditions regarding the hours of operation could be amended to allow seasonal sales and place of worship uses to be extended to Sunday Commissioner Braswell amended his motion as follows Based on the findings of facts and revised special use conditions with revisions to the hours of operation from 7 00 am until 8 00 pm Monday through Saturday with seasonal sales and place of worship uses to be allowed on Sundays , and the deletion of special condition # 14 , Commissioner Tony Braswell moved the Board authorize the Planning Department to issue a special use permit for Case 10 - 21 to allow for automotive repair service tire sales , automotive detailing carwash , barber beauty shop , business office , place of worship , and seasonal sales pumpkins , Christmas trees , etc on two tracts totaling 343 acres located at 7910 Cleveland Road in Cleveland Township Commissioner Cookie Pope seconded the amended motion Vote The motion 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 service tire sales , automotive detailing carwash , barber beauty shop , business office , place of worship , seasonal sales pumpkins , Christmas trees , etc 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class B buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be 7 00am till 8 00pm Monday – Saturday ; with the exception of seasonal sales and places of worship services which will be allowed to operate on Sundays 7 Signage shall be in accordance with the signage code 8 Disposal of all petroleum’s , oils , and lubricants shall meet all local , state , and federal requirements 9 The parking area to the right of the existing business shall be an all weather surface Vehicles may not be parked in the road right - of - way 10 Shall be limited to the outdoor storage of 8 vehicles awaiting pickup or repair Storage area shall be located outside of the building setback 11 No junk or salvage vehicles allowed 12 Any outdoor storage shall be enclosed by an opaque fence 13 Shall comply with the use and intensity regulations as set forth in the Land Development Code for the Community Business District The Chairman reopened the Rezoning Hearing for Case 10 - 29 Case 10 - 29 Petition to rezone 15 acres of a 190 acre tract located along Cornwallis Road SR 1525 in Cleveland Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 06E03003 Owner Gertrude Holland Applicant Stillwater Ministry Inc Planning Director Berry Gray stated the petition is to rezone 15 acres of a 190 acre tract located along Cornwallis Road in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District Mr Gray noted the special use request associated with the rezoning Mr Gray stated the existing landPagePage pageNumber7354 April 4 , 2011 – 6 00 pm Continued use is zoned Agricultural Residential and contains a grandfathered go - cart racetrack which is closed The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes as well as a wireless communications tower The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Tim Boone , representing Stillwater Ministry , the Applicant , PO Box 924 , Benson , stated they wish to operate a campground on the subject site He reported Stillwater Ministry is a 501 C3 non - profit corporation and they operate both family and children’s camps in other areas Mr Boone stated they would like to make the property available to other groups outside of church groups , such as 4 - H Clubs ; however , they will not be open to the general public Mr Gray reported the Planning Board recommended approval of the rezoning request There being no further comments , the Chairman recessed the Rezoning Hearing for Case 10 - 29 Decision on Rezoning Case 10 - 29 Case 10 - 29 Petition to rezone 15 acres of a 190 acre tract located along Cornwallis Road SR 1525 in Cleveland Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 06E03003 Owner Gertrude Holland Applicant Stillwater Ministry Inc Commissioner W Ray Woodall moved the Board approve rezoning case 10 - 29 to rezone 15 acres of a 190 acre tract located along Cornwallis Road in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 10 - 29 Case 10 - 29 To allow for the operation of a campground Owner Gertrude Holland Applicant Stillwater Ministry Inc Those wishing to speak on Special Use Case 10 - 29 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 a campground Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 10 - 29 on October 29 , 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 February 15 , 2011 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 10 - 29 and made the following recommendations Upon a motion by Mr Gathers to approve the request , seconded by Mr Browder and carried by a unanimous vote of 8 - 0 , the Planning Board recommended approval of the Rezoning Case 10 - 29 at the February 15th , 2011 meeting Upon a motion by Mr Gathers to approve the Special Use Conditions with the removal of the buffer along the power line easement and extending hours to midnight with the exception of amplified noise , seconded by Mr Summerlin and carried by a unanimous vote of 8 - 0 , the Planning Board recommended approval of the Special Use Conditions for Case 10 - 29 at the February 15th , 2011 meeting Finding of Facts for the Special Use PermitPagePage pageNumber8355 April 4 , 2011 – 6 00 pm Continued 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 This use development was used as a racetrack The track has been closed since approximately June 2010 The proposed Christian campground will support a range of different type and size camping tents , trailers and motor homes with hook - ups available for each Campers will be invited to attend pre - planned camping events on the site Camp management will insure compliance with all community privacy measures and county land use regulations The property will be operated utilizing strict guidelines designed to maintain promote public health , safety , and general welfare Staff 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 This property will comply with all required use and intensity regulations , state and federal regulations through competent staff management and enforcement of all codes , ordinances , resolutions , and regulations Staff The existing buildings meet the setback and access requirements and comply with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant All codes , ordinances , resolutions , and regulations will be managed and enforced by competent staff in order to maintain enhance the value of all surrounding contiguous property Our personal belief of doing unto others as you wish them to do unto you toward the treatment of others and their property will always prevail The land will be used to help meet the camping needs of many of our community youth and adults through the church camps and retreats It will be designed to give our many local congregations an option of not having to travel a great distance for their camps and retreats Staff Natural buffers along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Management will comply with any current and future planning and development goals as stated by the County’s Planning Jurisdiction 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 Campground Special Use Conditions 1 Permitted Uses Operation of a Campground 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 A landscape buffer 1 large tree , 2 small trees , and 6 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class A buffer A buffer is not required along the CP & L easement 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Signage shall be in accordance with the signage code limited to 36sqft 7 All lighting shall be engineered to be dark sky and not shine onto adjacent property 8 Quiet hours shall be 11pm 12am to 7am No sound amplification after 11pm 9 Management personnel must be on site at all times when the campground is open 10 Use shall be limited to organized events and shall not be open to the general public Note Items in bold or struck - through were based on the Planning Board recommendation Mr Gray listed and reviewed each of the special use conditions with the Board Commissioner Tony Braswell asked about the buffer requirement Mr Gray reported that the existing natural vegetation will most likely be sufficient Tim Boone , representing Stillwater Ministry , the Applicant , PO Box 924 , Benson explained that the campground will mostly offer worship services , field games , water activities , and other camping related activities Mr Boone reported there will be electrical hookups available He stated eventually they would like to have a chapel and a dining hall on the property At the inquiry of Chairman Allen L Mims , Jr , Mr Boone stated there will be a nominal fee for the campers , but they try to set the rates so that all can attend Mr Gray stated the Planning Board recommended approval PagePage pageNumber9356 April 4 , 2011 – 6 00 pm Continued There being no further comments , the Chairman recessed the Special Use Hearing for Case 10 - 29 Decision on Special Use Case 10 - 29 Case 10 - 29 To allow for the operation of a campground Owner Gertrude Holland Applicant Stillwater Ministry Inc Based on the findings of facts and special use conditions , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 10 - 29 to allow for the operation of a campground on 15 acres of a 190 acre tract located along Cornwallis Road SR 1525 in Cleveland Township Commissioner W Ray Woodall 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 Operation of a Campground 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 A landscape buffer 1 large tree , 2 small trees , and 6 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class A buffer A buffer is not required along the CP & L easement 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Signage shall be in accordance with the signage code limited to 36sqft 7 All lighting shall be engineered to be dark sky and not shine onto adjacent property 8 Quiet hours shall be 12am to 7am No sound amplification after 11pm 9 Management personnel must be on site at all times when the campground is open 10 Use shall be limited to organized events and shall not be open to the general public The Chairman reopened the Rezoning Hearing for Case 11 - 01 Case 11 - 01 Petition to rezone 056 acres of a 175 acre tract located at 500 Wake County Line Road SR 1727 in O’Neals Township from Industrial - 1 Special Use District I1 - SUD to General Business - Special Use District GB - SUD Tax ID 11M01005A Owner Applicant Ubaldo Garcia Planning Director Berry Gray stated the petition is to rezone 056 acres of a 175 acre tract located at 500 Wake County Line Road in O’Neals Township from Industrial - 1 Special Use District to General Business - Special Use District Mr Gray noted the special use request associated with the rezoning Mr Gray stated the existing land use is zoned Industrial - 1 Special Use District and was previously used for a contractor’s office The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Owner Applicant Ubaldo Garcia , 500 Wake County Line Road , stated that he used to run the contractor insulation business ; however , due to the economy they are no longer using the building Mr Garcia stated that he and his wife originally proposed to operate the building for social events , or a tire sales tire change business ; however , they would like to revise their request to only operate the tire sales tire change business Upon a question by Commissioner Tony Braswell , Mr Garcia confirmed that they wished to drop the proposed use of social events from the request 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 11 - 01 Decision on Rezoning Case 11 - 01 Case 11 - 01 Petition to rezone 056 acres of a 175 acre tract located at 500 Wake County Line Road SR 1727 in O’Neals Township from Industrial - 1 Special Use District I1 - SUD to General Business - Special Use District GB - SUD Tax ID 11M01005A Owner Applicant Ubaldo GarciaPage0357 April 4 , 2011 – 6 00 pm Continued Commissioner DeVan Barbour moved the Board approve rezoning case 11 - 01 to rezone 056 acres of a 175 acre tract located at 500 Wake County Line Road in O’Neals Township from Industrial - 1 Special Use District to General Business - Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 11 - 01 Case 11 - 01 To allow for the operation of community building for social events , or tire sales tire change business Owner Applicant Ubaldo Garcia Those wishing to speak on Special Use Case 11 - 01 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 community building for social events , or tire sales tire change business Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 11 - 01 on November 5 , 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 February 15 , 2011 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 11 - 01 and made the following recommendations Upon a motion by Mr Edwards to approve the request , seconded by Mr Delaine , and carried by vote of 7 - 1 , with Mr Browder dissenting The Planning Board recommended approval of the Rezoning Case 11 - 01 at the February 15th , 2011 meeting Upon a motion by Mr Browder to approve the Special Use Conditions with addition of tire sales , change in use and limiting operation to the resident of the home , seconded by Mr Gathers , and carried by a unanimous vote of 8 - 0 , the Planning Board recommended approval of the Special Use Conditions for Case 11 - 01 at the February 15th , 2011 meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant There is an existing 40 ’ x80 ’ building with existing parking lot We are looking for a good use for the building since the original business is no longer operating This Use will promote the public health and welfare by providing a safe place to get together We plan to have a security officer for the events 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 We plan to use the existing building , provide tables and chairs for peaceful and religious events 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 This is located in an area with no homes close by , which will limit any disturbances due to music within the building The area is surrounded by farm fields Staff Regular hours of operation will be maintained This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Page1358 April 4 , 2011 – 6 00 pm Continued Applicant The use will continue to conform to the countys land development codes , strategic plan , and other development policies 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 community building for social event or operation of tire sales changing business Special Use Conditions 1 Permitted Uses Operation of a community building for social events such as parties , weddings , receptions ; or the operation of a tire sales changing business 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 along all rezoning lines 2 large tree , 3 small tree , and 9 shrubs every one hundred 100 linear feet , unless existing vegetation exist equal or greater to a class B buffer 5 Hours of operation Monday - Thursday from 8 00am - 11pm 12 00am , Friday - Saturday from 7 00am - 11pm 12 00am , and Sunday from 7 00am - 11pm 12 00am 6 Signage must comply with the County’s sign code , and limited to no more than 16 sqft 7 Any security lighting must be dark sky lighting and engineered so as not to shine onto adjacent properties 8 No outdoor music will be allowed 9 No alcohol may be sold on site 10 The owner operator of the business shall live in the residence located on the property Note Items in bold or struck - through were recommended by the Planning Board Mr Gray listed and reviewed each of the special use conditions with the Board Mr Gray noted that some of the proposed special use conditions were based on the social events use , which the applicant has asked to remove from the request Owner Applicant Ubaldo Garcia , 500 Wake County Line Road , stated he would like to remove the proposed social events use from the request Mr Garcia requested the Board to allow him to operate Monday through Saturday from 7 00 am until 8 00 pm and noted that he does not envision working on Sundays Mr Garcia stated eventually he plans to construct a fence between the building and his home Chairman Allen L Mims , Jr stated that special conditions # 8 and # 9 would be removed since they were associated with the proposed social events use Commissioner Wade M Stewart asked how the building would be accessed if Mr Garcia decided to sell the business , but still live at the residence Mr Gray stated if the property is separated in the future , a separate access would be required at that point Commissioner DeVan Barbour stated that the Board needed to make sure a condition is in place to account for the proper disposal of used old tires Mr Garcia stated he will have to get a permit to operate the business and that he will be required to recycle the old used tires Commissioner Barbour asked if there were State requirements in place regarding the disposal of old used tires Mr Gray reported that typically , on a site such as the subject property , there are requirements that state tires cannot be disposed of by discarding them in the woods or putting them in a stream ; however , there are no regulations as to the storage of tires , to his knowledge Commissioner Barbour stated that language could be added to the special conditions with regards to the periodic removal of old used tires to avoid health hazards Chairman Mims stated a condition could be added stating that used old tires shall be removed on a regular basis in order to prevent public health hazards Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 11 - 01 Decision on Special Use Case 11 - 01Page2359 April 4 , 2011 – 6 00 pm Continued Case 11 - 01 To allow for the operation of community building for social events , of tire sales tire change business Owner Applicant Ubaldo Garcia Based on the findings of facts and revised special use conditions with revisions to remove “ operation of a community building for social events ” from the proposed uses ; changing the hours of operation to 7 00 am until 8 00 pm Monday through Saturday ; replacing special condition # 8 with the following “ old used tires will be removed on a regular basis so as to avoid a public health hazard ” ; and eliminate special condition # 9 , Commissioner DeVan Barbour moved the Board authorize the Planning Department to issue a special use permit for Case 11 - 01 to allow for the operation of a tire sales tire change business on 056 acres of a 175 acre tract located at 500 Wake County Line Road in O’Neals 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 Operation of a tire sales tire changing business 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 along all rezoning lines 2 large tree , 3 small tree , and 9 shrubs every one hundred 100 linear feet , unless existing vegetation exist equal or greater to a class B buffer 5 Hours of operation 7 00 am until 8 00 pm Monday through Saturday 6 Signage must comply with the County’s sign code , and limited to no more than 16 sqft 7 Any security lighting must be dark sky lighting and engineered so as not to shine onto adjacent properties 8 Old used tires will be removed on a regular basis so as to avoid a public health hazard Rezoning Case 11 - 02 – Tabled Case 11 - 02 Petition to rezone 109 acres of a 202 acre tract located at 201 Graham Pond Road SR 1321 in Pleasant Grove Township from Agricultural Residential AR to Community Business - Special Use District CB - SUD Tax ID 13E05199 Owner Daniel E Flatten Applicant John Willden Upon determining that the applicant was not present , Commissioner Cookie Pope moved the Board table the request , seconded by Commissioner Tony Braswell , and carried by unanimous vote 3 Public Hearing – LDC Ordinance Amendment – Table of Permitted Residential Uses Advertised – In The Smithfield Herald – March 23 and 30 , 2011 The Chairman opened the public hearing Planning Director Berry Gray stated the proposed amendment is to insert a table of permitted residential uses into the Land Development Code He noted that no changes have been made to the residential section of the code , but rather staff is taking the text from the code and putting it into table format There being no further comments , the Chairman closed the hearing Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved adding the following table of permitted residential uses to the Code of Ordinances - Land Development Code Page3360 April 4 , 2011 – 6 00 pm Continued Note A second vote will be required at the May 2 , 2011 Board of Commissioners meeting due to the absence of Commissioner Jeffrey P Carver Page4361 April 4 , 2011 – 6 00 pm Continued 4 Manager Reports and Comments A Johnston County’s “ Teens in the Driver’s Seat ” Program Award County Manager Rick Hester reported that Johnston County’s “ Teens in the Driver’s Seat ” Program has received one of the 2010 Outstanding County Program Awards from the North Carolina Association of County Commissioners He noted that representatives from the NC Association of County Commissioners are planning to attend the Board’s May meeting in recognition of the Award Mr Hester recognized the efforts of the Teen Driving Safety Committee Members for their work on the initiative 5 Board Reports and Comments None 6 Items Tabled from the 10 00 am Board of Commissioners Meeting A Human Resources – Adoption of Resolution – Approving the Change in Vendor for the Voluntary 457 Employee Benefit Plan At the request of the Human Resources Department , upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board adopted the following resolution approving a vendor change in the voluntary 457 employee benefit plan RESOLUTION Johnston County Board of Commissioners WHEREAS , the County of Johnston wishes to provide a qualified defined contribution plan to the employees of the County of Johnston ; and WHEREAS , the State of North Carolina has established the North Carolina Public Employee Deferred Compensation Plan , a qualified governmental Deferred Compensation Plan under Internal Revenue Code § 457 b for public employees of North Carolina NOW , THEREFORE , be it resolved that the Johnston County Board of Commissioners adopts the North Carolina Public Employee Deferred Compensation Plan also known as “ NC Deferred Comp ” under the terms of the Plan Document and the Third - Party Administrator Agreement All employees shall become eligible to defer compensation July 1 , 2011 and immediately upon hire thereafter th Adopted this the 4 day of April , 2011 B Appointment for Johnston County Tourism Authority – 1 position open with an unexpired term ending October 31 , 2011 By a unanimous vote show of hands , Karen Henthorn was appointed to fill the unexpired term ending October 31 , 2011 7 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 Wade M Stewart moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 7 35 pm Allen L Mims , Jr , Chairman Paula G Woodard , Clerk to the BoardPage