May 2, 2011 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 379 Meeting of the Johnston County Board of Commissioners May 2 , 2011 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , May 2 , 2011 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Allen L Mims , Jr , Vice Chairman Jeffrey P Carver , Cookie Pope , Wade M Stewart , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney David F Mills , and Paralegal Deputy Clerk Melissa A Daughtry 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 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – April 20 and 27 , 2011 Certified letters were mailed to adjoining property owners on April 18 , 2011 Notices were posted at the locations on February 28 , 2011 for Cases 05 - 25 , 05 - 30 , 11 - 02 , and 11 - 04 The Chairman opened the Rezoning Hearing for Case 05 - 25 MOD Case 05 - 25 MOD Petition to rezone 2343 acres located along NC Hwy 42 East in Wilders Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 16K05002M ; 16J05006B , 16J05002B ; and others Owner Applicant 42 East LLC Planning Director Berry Gray stated the petition is to rezone 2343 acres located along NC Hwy 42 East in Wilders Township from Agricultural Residential to Agricultural Residential - Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for a mixed - used planned development He explained that the request to rezone 2343 acres is an addition to the previously approved master plan in 2005 Mr Gray reported that with the addition of the 2343 acres , the master plan would allow for 875 single family dwellings and 8 commercial lots Mr Gray referenced the master plan and pointed out the new tracts that would be added , if approved He noted the existing phases of Tuscany along with the entrance to Tuscany and pointed out a proposed roadway connection from Tuscany to Portofino Drive which is needed for both developments Tuscany and Portofino in order to have a secondary access for future expansion Mr Gray reported that 42 East LLC has purchased the remainder of the adjacent Neuse Villa Subdivision and is planning to incorporate the Neuse Villa access into the master plan In response to a question from Chairman Allen L Mims , Jr , Mr Gray confirmed that 42 East LLC has made arrangements with the Portofino developer regarding the roadway connection At the inquiry of Commissioner Jeffrey P Carver , Mr Gray stated that when Portofino was proposed , it was limited to 100 lots unless a secondary access could be provided He reported that by agreeing to the roadway connection with 42 East LLC for Tuscany , both Portofino and Tuscany would have secondary accesses Mr Gray referenced a letter of support e - mail in the agenda packet from Mr Jim Lee on behalf of Norwood Thompson Portofino developer dated March 10 , 2011 in support of the Tuscany development changes Commissioner Wade M Stewart asked about water and wastewater services for the development Mr Gray reported that the development will be served by Johnston County Public Utilities for water and wastewater services He noted originally a private system was discussed ; however , an agreement has since been reached with Johnston County Public Utilities Page380 May 2 , 2011 – 6 00 pm Continued Kirk Rightmeyer , Engineer for the project , 8412 Falls of Neuse Road , Raleigh , stated that the modifications are to allow the necessary additional emergency access to the existing development , as well as , an effort to clean up some of the zoning and property boundary lines for areas that have been added He asked the Board to approve the request and offered to answer any questions Commissioner Cookie Pope noted that the number of commercial lots would be decreasing Mr Rightmeyer clarified that although the number of commercial lots would be decreasing , the acreage would remain the same , just larger lots Gregory Jones , 401 Motorcycle Road , Clayton , noted in the advertisement for the rezoning petition , it states “ Tax ID 16K05002M ; 16J05006B , 16J05002B ; and others ” and he questioned what “ and others ” included Mr Gray stated the three parcels identified specifically by Tax ID numbers 16K05002M , 16J05006B , and 16J05002B are the only three parcels that the applicant is requesting to be added to the planned use development that was previously approved in 2005 Mr Gray explained that “ and others ” consists of all remaining parcels that make up the entire planned use development Commissioner Carver stated the Board could delete “ and others ” from the motion , if the Board approves the request 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 05 - 25 MOD Decision on Rezoning Case 05 - 25 MOD Case 05 - 25 MOD Petition to rezone 2343 acres located along NC Hwy 42 East in Wilders Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 16K05002M ; 16J05006B , 16J05002B ; and others Owner Applicant 42 East LLC Commissioner DeVan Barbour moved the Board approve rezoning case 05 - 25 MOD to rezone 2343 acres Tax ID 16K05002M , 16J05006B , and 16J05002B located along NC Hwy 42 East in Wilders Township from Agricultural Residential to Agricultural Residential - Special Use District Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 05 - 25 MOD Case 05 - 25 MOD Mixed - Use Planned Development Owner Applicant 42 East LLC Those wishing to speak on Special Use Case 05 - 25 MOD were sworn in by the Clerk to the Board Note Gary Lynch , 3945 Powhatan Road , Clayton was sworn in separately , later during the hearing Planning Director Berry Gray introduced the special use case and stated the request is to allow for a mixed use planned development Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 25 on January 28 , 2011 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 Page381 May 2 , 2011 – 6 00 pm Continued • 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 March 15 , 2011 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Modification Case 05 - 25 and made the following recommendations Upon a motion by Mr Browder , seconded by Mr Letchworth , carried by a unanimous vote of 8 - 0 , the Planning Board recommended approval of Rezoning for Case 05 - 25 Upon a motion by Mr Gathers to recommend approval of the Special Use Conditions , with the addition of adding an easement along the Neuse River for the Mountains to Sea Trail , seconded by Mr DeLaine , carried by a unanimous vote of 8 - 0 , the Planning Board recommended approval of the Special Use for Case 05 - 25 Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed development is to be completed in harmony with the existing PUD development consisting primarily of single family dwellings with commercial and multifamily elements Approval of this application will allow the completion of vital street network connections providing additional emergency access to the existing development The development will also provide improvements to NC Highway 42 as specified in the existing Traffic Impact Analysis The development will also extend water and sewer service on the project tracts not currently supplied by public service Staff The zoning and modification 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 development shall be designed and reviewed to be in accordance with the Johnston County Land Development Code prior to any construction All county , state , and federal regulations are to be observed An existing Traffic Impact Analysis has been accepted and all development will be consistent with that Analysis A Stormwater Management Plan and Erosion Control Plans are in place for the existing development and will be modified to include the new PUD areas as development is proposed Staff The proposed modification meets the setback and access requirements and complies with the previous master plan approval and meets use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The proposed project will be completed as part of the Tuscany Subdivision which is a multi - phase residential and commercial project The Tuscany project is aesthetically pleasing providing quality residential and commercial property Adjoining property values have benefited from the development of Tuscany thus far and will continue as the project continues The proposed addition to the Tuscany project will be developed in the same or improved quality and look as that which has already been completed causing adjacent property values to continue to be enhanced Staff The proposed modifications are consistent with area development and the original master plan 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 The Tuscany project will be developed in accordance with Johnston Countys Land Development Code offering land uses in compliance with the Countys strategic plan All proposed land uses are consistent with the surrounding land uses and complement the needs of the area This PUD amendment is including contiguous parcels into an existing PUD and providing the same land uses that are already approved within the existing PUD Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Local agencies Specific Land Uses APPLICANT Mixed Use Planned Development Special Use Conditions 1 Permitted Uses Mixed - Use Planned Development 2 Owners name and address 3 Complete flood plain information 4 Metes and bounds 5 Certifications 6 Entrance sign and street signs 7 Street name approval 8 All driveways shall access internal streets 9 Show to whom open space is dedicated 10 Show lot sizes on final plat 11 Complete improvements or provide performance guarantee 12 Cul de sac lots must have 20 ’ of road frontage 13 Final plats must be signed by all current property owners 14 A driveway permit and subdivision design approval must be obtained prior to construction Page382 May 2 , 2011 – 6 00 pm Continued 15 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 16 It will be determined at the time the driveway permit application is submitted , what types of road improvements will be required 17 Examples of these improvements may include , but is not limited to , dedication of additional right - of - way for future projects , construction of left and right turn lanes , installation or modification of traffic signals if warranted , modification of the drainage system , and or construction of median islands The main entrance on NC 42 for section E shall tie directly across from Section F Also , Section G shall be accessed through section H Within the subdivision , 90 - degree turns and offset bulbs shall not be allowed Any roundabouts shall be designed to FHWA standards 18 Additional right of way shall be dedicated based on NCDOT’s determination of need at the time the driveway permit application is evaluated 19 Approval of water & sewer system 20 Water supply will be subject to a capital reimbursement charge 21 Please advise if the developer prefers for Johnston County to own , operate , and maintain the “ private wastewater treatment plant ” 22 Soil Erosion and Sedimentation Control Plan required Stormwater Compliance ; Must submit a stormwater management plan , and land dedication will be required if the project develops with the proposed impervious area limits 23 Provide an easement along the Neuse River for the Mountains to Sea Trail Corridor items in bold are proposed additions items with strikethrough are proposed to be removed Mr Gray reviewed the proposed modifications to the special use conditions with the Board from the original 2005 approval Kirk Rightmeyer , Engineer for the project , 8412 Falls of Neuse Road , Raleigh , confirmed that 42 East LLC is in agreement with the proposed special use conditions Gregory Jones , 401 Motorcycle Road , Clayton , commented that in the Findings of Fact Special Use Conditions it states that “ the Stormwater Management Plan and the Soil Erosion and Sedimentation Control Plan are in place for the existing development and will be modified to include the new areas ” He questioned why those plans are not already in place and available for public review Mr Gray stated an approval by the Board of Commissioners is a preliminary approval that then allows the applicant to submit the necessary documentation for stormwater approval by the Public Utilities Department He noted that once the stormwater plan is submitted to Public Utilities , they are considered public documents and are available upon request Mr Jones noted that the request would increase the number of units which would impact traffic in the area ; however , he did not see a new Traffic Impact Analysis study Mr Jones questioned when the last Traffic Impact Analysis study was done Mr Gray stated staff investigated the traffic count on NC Hwy 42 and he noted that the DOT did a traffic count in 2008 which indicated 8,100 vehicles per day He added that when the traffic count was done with the original approval in 2005 , it was based on 2004 estimates at 8,900 vehicles per day Mr Gray stated traffic counts across the State have actually decreased in the last three years and there is actually a decrease of 800 vehicles per day on NC Hwy 42 Mr Jones voiced his disagreement with the statement that traffic counts on NC Hwy 42 had decreased and stated that a new Traffic Impact Analysis should be completed as well as a stormwater plan before the request is approved Mr Gray reported the Planning Board recommended approval Chairman Allen L Mims , Jr noted that turn lanes had been constructed at the entrance to Portofino as well as for Motorcycle Road and he asked about the main entrance to Tuscany Chairman Mims also asked if the DOT had recommended additional improvements for traffic in the area during the Technical Review Committee process Mr Gray stated there is a turn lane at the main entrance to Tuscany and he reported that as the development proceeds on with other connections onto NC Hwy 42 and Motorcycle Road , other turn lanes willPagePage pageNumber5383 May 2 , 2011 – 6 00 pm Continued be installed at that time Mr Gray stated the DOT did not recommend any additional improvements in the area at this time during their review Commissioner Cookie Pope pointed out that in the letter from Mr Jim Lee dated March 10 , 2011 e - mail in the agenda packet , Mr Lee requested the County to include in the special use conditions the agreement by the Tuscany developers to install columns and landscaping at the entrance along Portofino Drive She asked if the Planning Board had discussed that request Mr Gray responded that the Planning Board did discuss the request by Mr Lee ; however , they did not propose it as a condition because they felt it would be an agreement between the two developers Gary Lynch , 3945 Powhatan Road , Clayton , of 42 East LLC , confirmed that a verbal agreement with Mr Lee and Norwood Thompson on the installation of columns and landscaping at the entrance to Portofino had been made There being no further comments , the Chairman recessed the Special Use Hearing for Case 05 - 25 MOD Decision on Special Use Case 05 - 25 MOD Case 05 - 25 MOD Mixed - Use Planned Development Owner Applicant 42 East LLC Based upon findings of facts and revised special use conditions , which are to include the installation of columns and landscaping at the entrance of Tuscany Subdivision along Portofino Drive as requested by Mr Jim Lee , Commissioner Cookie Pope moved the Board approve the modification to Case 05 - 25 MOD to include in the special use permit additional parcels as follows 16K05002M , 16J05006B , and 16J05002B Commissioner Jeffrey P Carver 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 Mixed - Use Planned Development 2 Owners name and address 3 Complete flood plain information 4 Metes and bounds 5 Certifications 6 Entrance sign and street signs 7 Street name approval 8 All driveways shall access internal streets 9 Show to whom open space is dedicated 10 Show lot sizes on final plat 11 Complete improvements or provide performance guarantee 12 Cul de sac lots must have 20 ’ of road frontage 13 Final plats must be signed by all current property owners 14 A driveway permit and subdivision design approval must be obtained prior to construction 15 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 16 It will be determined at the time the driveway permit application is submitted , what types of road improvements will be required 17 Examples of these improvements may include , but is not limited to , dedication of additional right - of - way for future projects , construction of left and right turn lanes , installation or modification of traffic signals if warranted , modification of the drainage system , and or construction of median islands The main entrance on NC 42 for section E shall tie directly across from Section F Also , Section G shall be accessed through section H Within the subdivision , 90 - degree turns and offset bulbs shall not be allowed Any roundabouts shall be designed to FHWA standards 18 Additional right of way shall be dedicated based on NCDOT’s determination of need at the time the driveway permit application is evaluated 19 Approval of water & sewer system 20 Soil Erosion and Sedimentation Control Plan required Stormwater Compliance ; Must submit a stormwater management plan , and land dedication will be required if the project develops with the proposed impervious area limits 21 Provide an easement along the Neuse River for the Mountains to Sea Trail Corridor PagePage pageNumber6384 May 2 , 2011 – 6 00 pm Continued 22 The developer of Tuscany shall build columns and provide landscaping at the Portofino Drive entrance as agreeable to the developer of Portofino Subdivision The Chairman reopened the Special Use Hearing for Case 05 - 30 MOD Case 05 - 30 MOD A request to modify the Special Use Permit Master Plan for a 18783 acre Planned Unit Development located along Glen Road SR 1547 in Cleveland Township The modification request is to move multifamily density to sections south of Glen Road The property is zoned AR - SUD for a Mixed Use Planned Development Tax ID 06E02001Z ; 06E02001 ; 06E02001B ; 06E01010B ; and others Owner Annie Capps Johnson , Forrest Glen Johnson ; Donald Lee Johnson , Larry Wayne Johnson Applicant Maida Renson , Carolina Community Developers , LLC Those wishing to speak on Special Use Case 05 - 30 MOD 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 Master Plan for a 18783 acre Planned Unit Development located along Glen Road SR 1547 in Cleveland Township The modification request is to move multifamily density to sections south of Glen Road The property is zoned AR - SUD for a Mixed Use Planned Development Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 30 on February 1 , 2011 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 March 15 , 2011 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Modification Case 05 - 30 and made the following recommendations Upon a motion by Mr Letchworth to Modify the Special Use , seconded by Mr Browder and carried by a unanimous vote of 8 - 0 , the Planning Board recommended approval of the Modification to Rezoning Case 05 - 30 at the March 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 This modification is to allow for multi - family development within the approved density of the approved master plan Staff The modification 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 modification is intended to meet the same density and intensity regulations as the approved master plan Staff The proposed modification meets the setback and access requirements and complies with the previous master plan approval and meets 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 area is designed to limit the number of individual access points onto Glen Rd to prevent traffic congestion at access points Staff The proposed modifications are consistent with area development and the original master plan 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 PagePage pageNumber7385 May 2 , 2011 – 6 00 pm Continued Applicant This is a modification of an existing planned development that falls within the County’s primary growth area Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Local agencies Specific Land Uses APPLICANT Mixed Use Planned Development Special Use Conditions 1 Permitted Uses Mixed Use Planned Development 2 Owners name and address 3 Complete flood plain information 4 Metes and bounds 5 Certifications 6 Entrance sign and street signs 7 Street name approval 8 Show lot sizes on final plat 9 Complete improvements or provide performance guarantee 10 Final plats must be signed by all current property owners 11 A driveway permit and subdivision design approval must be obtained prior to construction 12 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 13 It will be determined at the time the driveway permit application is submitted , what types of road improvements will be required 14 Examples of these improvements may include , but is not limited to , construction of a continuous three - lane section along SR 1547 Glen Rd from SR 1010 Cleveland Rd to Technology Drive The owner developer may be required to construct right deceleration lanes at each street entrance into the subdivision 15 The owner developer should work closely with the Garner Apartments Associates to insure that the proposed “ Street K ” ties into the proposed extension of Technology Drive 16 Approval of water & sewer system 17 Wastewater capacity is not available for residential development until the wastewater treatment plant expansion is completed 18 Soil Erosion and Sedimentation Control Plan required 19 Stormwater Compliance ; Must submit a stormwater management plan , which must be approved prior to land disturbing activity 20 The multifamily section shall not exceed 15 units per acre as allowed by the Johnston County Land Development Code , limited to 120 total units until TIA is amended 21 All recommended roadway improvements as stated in the Traffic Impact Analysis and as recommended by SEPI Engineering shall be installed items in bold are proposed additions items with strikethrough are proposed to be removed Mr Gray explained that the request is not to add acreage to the development , but to modify the master plan to designate property at the southern side of Glen Road for both commercial and multifamily uses Mr Gray stated the original master plan was approved in 2005 for 398 single family dwellings and 120 multifamily dwelling units If the modification is approved then both the northern and southern areas would share the 120 multifamily units He noted a maximum of 15 multifamily units per acre is available , subject to a revision of the Traffic Impact Analysis Mr Gray stated there have been 40 single family dwelling lots and 40 multifamily units recorded Mr Gray listed and reviewed the proposed modifications to the special use conditions with the Board Mr Gray specifically noted that Condition # 17 regarding wastewater capacity is proposed for removal because when the project was originally approved in 2005 there was no wastewater capacity ; however , since that time , capacity has become available Mr Gray also noted that the Planning Board discussed a problematic wastewater pump station that presently serves Glen Road Townhomes as well as the Cleveland Springs PUD ; however , he stated the applicant is working with Johnston County Public Utilities to install a gravity sewer line and abandon the existing pump station to address the issues Commissioner Wade M Stewart asked Mr Gray how the proposed development would fit in with the neighboring properties Mr Gray stated that based on the information staff has received , the development appears to have a single family dwelling appearance and some of the units would be geared towards the elderly Mr Gray added that a portion of the area was originally part of the Interstate Highway District which allows for multifamily as a permitted use , so in terms of use , the development would fit in well PagePage pageNumber8386 May 2 , 2011 – 6 00 pm Continued At the inquiry of Chairman Allen L Mims , Jr , Mr Gray confirmed that the only parcels submitted for modification are indentified as Tax ID 06E02001Z ; 06E02001 ; 06E02001B ; and 06E01010B ; however , because the entire development is made up of numerous parcels , staff included the language “ and others ” in the notice Applicant Maida Renson , of Carolina Community Developers , LLC , presented photographs to the Board of other similar developments that Carolina Community Developers has constructed in the past She offered to answer any questions by the Board Chairman Mims inquired if a new Traffic Impact Analysis would be required Mr Gray stated staff has not required a revised Traffic Impact Analysis because the number of units is not being increased , but rather just moved to a different part of the property Mr Gray noted that as with other areas in Johnston County , traffic patterns have actually decreased over the past several years ; therefore , a new Traffic Impact Analysis would indicate a decrease in traffic for the area Mr Gray added that in the County Transportation Plan that is presently being developed , 2007 traffic estimates are being used instead of current numbers because if traffic improvements were projected based on present day numbers , the deceased traffic count could cause a negative impact to the County Commissioner Jeffrey P Carver asked Mr Gray to send the traffic count data to the Board that shows the decrease in traffic patterns Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 05 - 30 MOD Decision on Special Use Case 05 - 30 MOD Case 05 - 30 MOD A request to modify the Special Use Permit Master Plan for a 18783 acre Planned Unit Development located along Glen Road SR 1547 in Cleveland Township The modification request is to move multifamily density to sections south of Glen Road The property is zoned AR - SUD for a Mixed Use Planned Development Tax ID 06E02001Z ; 06E02001 ; 06E02001B ; 06E01010B ; and others Owner Annie Capps Johnson , Forrest Glen Johnson ; Donald Lee Johnson , Larry Wayne Johnson Applicant Maida Renson , Carolina Community Developers , LLC Based on the findings of facts and special use conditions , Commissioner Tony Braswell moved the Board approve the modification to Case 05 - 30 MOD to move the multifamily density to sections south of Glen Road for a 18783 acre Planned Unit Development located along Glen Road SR 1547 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 Mixed Use Planned Development 2 Owners name and address 3 Complete flood plain information 4 Metes and bounds 5 Certifications 6 Entrance sign and street signs 7 Street name approval 8 Show lot sizes on final plat 9 Complete improvements or provide performance guarantee 10 Final plats must be signed by all current property owners 11 A driveway permit and subdivision design approval must be obtained prior to construction 12 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 13 It will be determined at the time the driveway permit application is submitted , what types of road improvements will be required 14 Examples of these improvements may include , but is not limited to , construction of a continuous three - lane section along SR 1547 Glen Rd from SR 1010 Cleveland Rd to Technology Drive The owner developer may be required to construct right deceleration lanes at each street entrance into the subdivision PagePage pageNumber9387 May 2 , 2011 – 6 00 pm Continued 15 The owner developer should work closely with the Garner Apartments Associates to insure that the proposed “ Street K ” ties into the proposed extension of Technology Drive 16 Approval of water & sewer system 17 Soil Erosion and Sedimentation Control Plan required 18 Stormwater Compliance ; Must submit a stormwater management plan , which must be approved prior to land disturbing activity 19 The multifamily section shall not exceed 15 units per acre as allowed by the Johnston County Land Development Code , limited to 120 total units until TIA is amended 20 All recommended roadway improvements as stated in the Traffic Impact Analysis and as recommended by SEPI Engineering shall be installed The Chairman reopened the Rezoning Hearing for Case 11 - 02 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 Planning Director Berry Gray stated the petition is to rezone 109 acres of a 202 acre tract located at 201 Graham Pond Road SR 1321 in Pleasant Grove Township from Agricultural Residential to Community Business - Special Use District Mr Gray noted the special use request associated with the rezoning Mr Gray noted an existing adjacent residential dwelling that is occupied by the applicant who is in the process of purchasing the property The surrounding land uses are zoned Agricultural Residential and used for such purposes ; Community Business – Special Use District for a beauty salon and day spa ; and General Business – Special Use District for a landscaping business The area is located within a designated Secondary Growth Area on the County’s Comprehensive Land Use Plan which denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years Additionally , this site is immediately adjacent to the Primary Growth Area and is located near both a Community Centers and Neighborhood Centers Activity Nodes Elizabeth Willden , representing the applicant , stated that her husband currently works in the commercial construction business ; however , they felt that there was a need for an automotive repair facility in the subject area She reported that her husband intends on managing the business , but he would not be the lead mechanic Commissioner DeVan Barbour stated that at the Planning Board meeting , Mr Willden indicated he planned to employ one person as the mechanic for the business Upon a question by Commissioner Barbour , Ms Willden confirmed that they will live in the residence beside the subject site Mr Gray reported the Planning Board recommended approval of the rezoning request Maggie Owens , 2003 Chad Place , Angier , asked how the proposed use would benefit the area and expressed concerns regarding other properties in the area falling into a state of disrepair Chairman Allen L Mims , Jr reported the Board could place special conditions on the proposed use that would help to address neighborhood concerns and he encouraged Ms Owens to speak during the special use portion of the request There being no further comments , the Chairman recessed the Rezoning Hearing for Case 11 - 02 Decision on Rezoning Case 11 - 02 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 Commissioner Cookie Pope moved the Board approve rezoning case 11 - 02 to rezone 109 acres of a 202 acre tract located at 201 Graham Pond Road SR 1321 in Pleasant Grove Township from Agricultural Residential to Community Business - Special Use District Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 11 - 02 Page0388 May 2 , 2011 – 6 00 pm Continued Case 11 - 02 To allow for the operation of an automotive repair facility Owner Daniel E Flatten Applicant John Willden Those wishing to speak on Special Use Case 11 - 02 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for the operation of an automotive repair facility Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 11 - 02 on January 3 , 2011 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 - 02 and made the following recommendations Upon a motion by Mr Gathers to approve the request , seconded by Mr DeLaine , and carried by a unanimous vote of 8 - 0 , the Planning Board recommended approval of the Rezoning Case 11 - 02 at the February 15th , 2011 meeting Upon a motion by Mr Summerlin to approve the Special Use Conditions with the extension of hours , 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 - 02 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 The building is located on the property as to take advantage of the natural buffer of trees , a through driveway will be provided for safety and ease of access I will be open for business from 7 30 am to 10 pm Monday through Saturday , with a drop box for after hours 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 All hazardous fluids and parts are to be disposed of according to the EPA guidelines and stored in approved containers The building and footprints are comparable to a home and fits within the size scale of the zoning district Staff The proposed 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 By retaining the vegetation , we blend in with the community There are 2 similar businesses that have gone out of business within 7 miles this site 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 My location is in a fast growing area there have been many fast food restaurants and stores built in the last 2 years My plan , I feel , conforms to the county growth plans 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 Special Use Conditions 1 Permitted Uses Automotive repair facility 2 The Special Use Permit shall expire with the violation of any Special Use Condition Page1389 May 2 , 2011 – 6 00 pm Continued 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class B buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be 7 30am until 10 00 6 00 pm Monday – Saturday 7 Signage shall be in accordance with the signage code limited to 36sqft ground sign 8 Disposal of all petroleum’s , oils , and lubricants shall meet all local , state , and federal requirements 9 Shall be limited to the outdoor storage of 8 vehicles awaiting pickup or repair , all outdoor storage shall be enclosed by an opaque fence 10 No junk or salvage vehicles allowed Mr Gray listed and reviewed each of the special use conditions with the Board Commissioner Tony Braswell asked about the proposed hours of operation Mr Gray stated the Planning Board recommended 10 00 pm at the request of the applicant who felt 6 00 pm was too soon and asked for extended hours At the inquiry of Commissioner Wade M Stewart , Mr Gray reported a septic permit would be required before construction could begin Mr Gray also noted there is a lot of existing natural vegetation on the site Chairman Allen L Mims , Jr asked if the subject site had once been two separate parcels Mr Gray stated County records indicate one parcel and he was unsure as to when the property was combined into one lot He stated staff required the applicant to submit a site plan that split out the property being submitted for rezoning Elizabeth Willden , representing the applicant , stated they are agreeable to the special use conditions Ms Willden reported the two lots were combined by the previous owner She stated they are in the process of purchasing the property from Mr Flatten Commissioner Stewart asked if the property owner Daniel Flatten supported the request Mr Gray confirmed that Mr Flatten supported the request and had signed the application Maggie Owens , 2003 Chad Place , Angier , asked if the proposed use would have any effect on properties located on Chad Place At the request of Commissioner Stewart , Ms Owens noted the location of her residence Chairman Mims informed Ms Owens of what would be required of the applicant in the special use conditions , if approved Upon further discussion , it was determined that the subject property would not affect Ms Owens ’ property Mr Gray also reported of an ongoing solid waste violation in the area that Ms Owens was referring to on Amanda Lane near Chad Place and informed the Board that Zoning Enforcement was working on bringing the site into compliance Commissioner DeVan Barbour noted that in the Planning Board meeting , it was reported that the proposed use would not generate a high volume of traffic anytime soon Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 11 - 02 Decision on Special Use Case 11 - 02 Case 11 - 02 To allow for the operation of an automotive repair facility Owner Daniel E Flatten Applicant John Willden 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 11 - 02 to allow for the operation of anPage2390 May 2 , 2011 – 6 00 pm Continued automotive repair facility on 109 acres of a 202 acre tract located at 201 Graham Pond Road 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 Automotive repair facility 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class B buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be 7 30am until 10 00 pm Monday – Saturday 7 Signage shall be in accordance with the signage code limited to 36sqft ground sign 8 Disposal of all petroleum’s , oils , and lubricants shall meet all local , state , and federal requirements 9 Shall be limited to the outdoor storage of 8 vehicles awaiting pickup or repair , all outdoor storage shall be enclosed by an opaque fence 10 No junk or salvage vehicles allowed The Chairman reopened the Rezoning Hearing for Case 11 - 04 Case 11 - 04 Petition to rezone 1562 acres of a 15744 acre tract located at 3444 Plainview Church Road SR 1313 in Pleasant Grove Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 13B02039 Owner Lil Black Creek Farm LLC Applicant Ben Murray Planning Director Berry Gray stated the petition is to rezone 1562 acres of a 15744 acre tract located at 3444 Plainview Church Road in Pleasant Grove 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 subject site is located more than 1,000 feet from the nearest dwelling and more than 2,000 feet from the road The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; Agricultural Residential – Special Use District for a wireless communications tower , Agricultural Residential – Special Use District for a daycare , General Business – Special Use District for an iron fabrication shop , and General Business – Special Use District for mini - storage Applicant Ben Murray asked the Board to approve the rezoning request and stated he felt the subject site was an ideal spot for the proposed use He stated that they already have horses and trails along the perimeter of the property 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 - 04 Decision on Rezoning Case 11 - 04 Case 11 - 04 Petition to rezone 1562 acres of a 15744 acre tract located at 3444 Plainview Church Road SR 1313 in Pleasant Grove Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 13B02039 Owner Lil Black Creek Farm LLC Applicant Ben Murray Commissioner Cookie Pope moved the Board approve rezoning case 11 - 04 to rezone 1562 acres of a 15744 acre tract located at 3444 Plainview Church Road SR 1313 in Pleasant Grove Township from Agricultural Residential to Agricultural Residential - Special Use District Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 11 - 04 Case 11 - 04 To allow for outdoor recreation for a driving range , mini golf , paintball field , horseback riding , concession stand and office Owner Lil Black Creek Farm LLC Applicant Ben Murray Those wishing to speak on Special Use Case 11 - 04 were sworn in by the Clerk to the Board Page3391 May 2 , 2011 – 6 00 pm Continued Planning Director Berry Gray introduced the special use case and stated the request is to allow for outdoor recreation for a driving range , mini golf , paintball field , horseback riding , concession stand and office Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 11 - 04 on February 1 , 2011 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 March 15 , 2011 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 11 - 04 and made the following recommendations Upon a motion by Mr Edwards to approve the request , seconded by Mr Massengill , and carried by vote of 8 - 0 The Planning Board recommended approval of the Rezoning Case 11 - 04 at the March 15th , 2011 meeting Upon a motion by Mr Letchworth to approve the Special Use Conditions , seconded by Mr DeLaine , and carried by a unanimous vote of 8 - 0 , the Planning Board recommended approval of the Special Use Conditions for Case 11 - 04 at the March 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 Our primary use is outdoor recreation , which will include horseback riding , fishing , picnicking , driving range , mini golf , woods and arena paintball course , with future plans for bumper boats , bumper cars , and go - karts These activities offer time together with family , open fresh country air , with a safe country setting to exercise 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 Our development has a minimum of disturbance to the land The driving range is all grass The paintball area is both on grass and in the thinned woods The mini golf will have mixed concrete with heavy landscaping to buffer the hardscapes The restroom and snack bar are designed to be adequate for customer use while keeping their size to a minimum These activities only take up 15ac in the center of the property , with remainder for horse boarding and hay production Staff The proposed development 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 We feel that there is a great need for these outdoor recreation activities in this area of the county In talking with potential customers , they like the idea of not having to drive long distances to other facilities , especially with today’s gas prices Staff The proposed location is isolated for area dwelling units ; 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 We are in the secondary growth area where growth is expected in the near future This is in keeping with the growth plan and allows for outdoor recreation in this part of the county Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Local agencies Specific Land Uses APPLICANT Outdoor recreation for a driving range , mini golf , paintball field , horseback riding , concession stand and office Special Use Conditions 1 Permitted Uses Outdoor recreation for a driving range , mini golf , paintball field , horseback riding , concession stand and office 2 The Special Use Permit shall expire with the violation of any Special Use Condition Page4392 May 2 , 2011 – 6 00 pm Continued 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Existing natural vegetation appears to be equal to a Class B buffer A Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet shall be maintained 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be 7 30am until 10 00 pm Monday – Sunday 7 Signage shall be in accordance with the signage code limited to 36sqft ground sign , along Plainview Church Rd 8 Any lighting shall be designed as not to shine onto adjacent properties 9 No alcohol allowed on site 10 Must obtain NC DOT driveway permit Mr Gray listed and reviewed each of the special use conditions with the Board Applicant Ben Murray stated he has read and would comply with the special use conditions Commissioner Wade M Stewart asked about the access into the property Mr Murray reported the property is accessed off of Plainview Church Road and there would be a right - of - way to the subject site Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 11 - 04 Decision on Special Use Case 11 - 04 Case 11 - 04 To allow for outdoor recreation for a driving range , mini golf , paintball field , horseback riding , concession stand and office Owner Lil Black Creek Farm LLC Applicant Ben Murray 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 11 - 04 to allow for outdoor recreation for a driving range , mini golf , paintball field , horseback riding , concession stand and office on 1562 acres of a 15744 acre tract located at 3444 Plainview Church Road SR 1313 in Pleasant Grove 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 Outdoor recreation for a driving range , mini golf , paintball field , horseback riding , concession stand and office 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 Existing natural vegetation appears to be equal to a Class B buffer A Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet shall be maintained 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be 7 30am until 10 00 pm Monday – Sunday 7 Signage shall be in accordance with the signage code limited to 36sqft ground sign , along Plainview Church Rd 8 Any lighting shall be designed as not to shine onto adjacent properties 9 No alcohol allowed on site 10 Must obtain NC DOT driveway permit 3 Second Vote – LDC Ordinance Amendment – Table of Permitted Residential Uses Chairman Allen L Mims , Jr stated that on April 4 , 2011 , the Board voted 6 - 0 to approve a proposed amendment to the Code of Ordinances as it relates to the Table of Permitted Residential Uses Pursuant to NCGS § 153A - 45 , an amendment to the Code of Ordinances requires approval by all board members Therefore , since all the Commissioners were not present at the April meeting , a second vote is required Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved adding the following table of permitted residential uses to the Code of Ordinances - Land Development Code Page5393 May 2 , 2011 – 6 00 pm ContinuedPage6394 May 2 , 2011 – 6 00 pm Continued 4 Manager Reports and Comments A Request for Extension of the Town of Archer Lodge’s Planning Agreement County Manager Rick Hester reported that the Town of Archer Lodge has requested a six month extension to its agreement with the County for planning services He noted the existing agreement ends on June 30 , 2011 and they would like to extend the agreement until December 31 , 2011 Mr Hester stated the Town has made substantial progress towards providing their own planning services ; however , they are still looking to secure a building in order to have a place to hold hearings Planning Director Berry Gray stated , to date , his office has received no subdivision requests and only performed a few site plan approvals Mr Gray also noted a cell tower co - location request in the future that staff will be working with the Town on Mr Gray reported that staff has had no issues and agrees to continuing working with the Town during the extension , if granted Commissioner Jeffrey P Carver stated that he sees the request as a non - issue since it would only be for an additional six months and it does not appear the Town has generated a large caseload of additional work for the County’s planning staff Chairman Allen L Mims , Jr stated he could agree to the extension of services , unless the Town of Archer Lodge adopts a completely different set of planning ordinances that the County staff would have to learn and work with Mr Gray explained that the Town is aware that municipal planning codes are different from County standards and that by using the County staff , they may be missing certain details of wha